Chapter 10.04 - TRAFFIC CODE

10.04.010 - Short title.

This code may be cited as the Elgin vehicle traffic code.

(Ord. 101 § 2 (Art. 1), 1996)

10.04.020 - Definitions.

In addition to definitions in the Oregon Vehicle Code, the following mean:

"Loading zone" means a roadway space designated by sign for loading or unloading passengers or materials during specified hours of specified days.

"Motor truck or truck" means, as defined in Chapter 10.08, restricting truck traffic.

"Person" means a natural person, firm, partnership, association or corporation.

"Street" means a highway, road or street as defined in ORS 801.110, 801.305, 801.450 and 801.535, including the entire width of the right-of-way.

"Traffic lane" means that area of the roadway used for a single line of traffic movement.

(Ord. 101 § 2 (Art. 2), 1996)

10.04.030 - Powers of the governing body.

A. Subject to state laws, the governing body shall exercise all local traffic authority for the city except those powers expressly delegated by this chapter or another ordinance.

B. The powers of the governing body include, but are not limited to:

1. Designation of through streets;

2. Designation of one-way streets;

3. Designation of truck routes;

4. Designation of parking meter zones;

5. Restriction of the use of certain streets by any class or kind of vehicle to protect the streets from damage or excess traffic;

6. Authorization, by resolution, of greater maximum weights or lengths than specified by state law for vehicles using city streets;

7. Initiation of proceedings to change speed zones;

8. Revision of speed limits in parks;

9. Temporary closure or blocking of streets.

(Ord. 101 § 2 (Art. 3), 1996)

10.04.040 - Duties of the public works supervisor.

The public works supervisor shall implement the traffic control ordinances, resolutions and motions of the governing body by:

A. Installing, maintaining, removing and altering traffic control devices. Installation shall be based on standards contained in the Manual on Uniform Traffic Control Devices for Streets and Highways and the Oregon Supplements;

B. Establish, remove or alter the following classes of traffic controls:

1. Crosswalks, safety zones and traffic lanes,

2. Intersection channelization and areas where vehicle drivers shall not make left or U-turns and the time when the prohibition applies,

3. Parking areas and time limitations, including the form of permissible parking (e.g., parallel or diagonal);

C. Issue oversize or overweight vehicle permits;

D. Temporarily close or block streets.

(Ord. 101 § 2 (Art. 4), 1996)

10.04.050 - Public danger.

A.Under conditions constituting a danger to the public, the police chief or the police chief's designee may install temporary traffic control devices.B.Nonfunctioning traffic control devices shall be treated as an "all-way" stop by vehicle operators on all affected streets.

(Ord. 101 § 2 (Art. 5), 1996)

10.04.060 - Standards.

The regulations of traffic control shall be based on:

A. Traffic engineering principles and traffic investigations;

B. Standards, limitations and rules promulgated by the Oregon Transportation Commission;

C. Other recognized standards for traffic control.

(Ord. 101 § 2 (Art. 6), 1996)

10.04.070 - Authority of law enforcement and fire officers.

If a fire or other public emergency occurs, police officers and fire department personnel may direct traffic as conditions require.

(Ord. 101 § 2 (Art. 7), 1996)

10.04.080 - Crossing private or public property.

The operator of a vehicle shall not proceed from one street to an intersecting street by leaving the roadway and crossing private or public property. This provision does not apply to the operator of a vehicle who stops on the property for a legitimate purpose.

(Ord. 101 § 2 (Art. 8), 1996)

10.04.090 - Unlawful riding.

A. The operator of a vehicle shall not permit a passenger to, and no passenger shall, ride on a vehicle on a street except within that part of the vehicle designed and intended for the use of passengers. This provision does not apply to an employee engaged in the discharge of a duty requiring an exception to this provision. 

B. No person shall board or disembark from a vehicle while it is in motion.

(Ord. 101 § 2 (Art. 9), 1996)

10.04.100 - Roller skates/blades, skateboards and bicycles.

A. No person shall use roller skates/blades, skateboards or bicycles on the sidewalks in the central business zone contrary to pedestrian rules, or in any unsafe manner.

B. Persons using roller skates/blades, skateboards shall have all rights and duties applicable to pedestrians.

C. Persons using bicycles on streets are subject to the traffic regulations applicable to the use of motor vehicles.

(Ord. 101 § 2 (Art. 10), 1996)

10.04.110 - Damaging sidewalks and curbs.

A. The operator of a motor vehicle shall not drive on a sidewalk or roadside planting strip except to cross at an authorized permanent or temporary driveway.

B. No person shall remove a portion of a curb or move a motor vehicle or a device moved by a motor vehicle onto a curb or sidewalk without first obtaining authorization and posting bond, if required by ordinance. A person who causes damage shall be responsible for the cost of repair.

(Ord. 101 § 2 (Art. 11), 1996)

10.04.120 - Storing motor vehicles on streets.

No person shall store, or permit to be stored, a vehicle or personal property on a street or other public property where temporary vehicle parking is authorized in excess of ninety-six (96) hours without permission of the governing body. Failure to move a vehicle or other personal property for ninety-six (96) hours constitutes prima facie evidence of storage.

(Ord. 101 § 2 (Art. 12), 1996)

10.04.130 - Method of parking.

A. Except when a state handicapped parking permit is legally displayed, no person shall park or stand a vehicle other than in the direction of the traffic flow, and in such a manner that the front vehicle tire closest to the curb is located within twelve (12) inches of the curb and within a single marked space, unless the size or shape of the vehicle makes compliance impossible.

B. The operator who first begins maneuvering a motor vehicle into a vacant parking space on a street or public lot has priority to park in that space, and no other vehicle operator shall attempt to interfere.

C. When the operator of a vehicle discovers the vehicle is parked close to a building to which the fire department has been summoned, the operator shall immediately remove the vehicle from the area unless directed otherwise by police or fire officers.

(Ord. 101 § 2 (Art. 13), 1996)

(Ord. No. 165, § 1, 8-14-07; Ord. No. 172, § 2, 5-13-08)

10.04.140 - Prohibited parking or standing.

No person shall park or stand:

A. A vehicle in violation of the Oregon Vehicle Code or in violation of a parking limitation device;

B. A vehicle in an alley, except for a stop of not more than thirty (30) consecutive minutes for loading or unloading persons or material;

C. A motor truck on a street in front of, or adjacent to, a residence, motel, apartment house, hotel, or other sleeping accommodation in a residential zone between the hours of nine p.m. and seven a.m., or a retail business while it is open to the public.

(Ord. 101 § 2 (Art. 14), 1996)

10.04.150 - Prohibited practices.

No operator shall park a vehicle and no owner shall allow a vehicle to be parked, on a street or other public property for the principal purpose of:

A. Displaying the vehicle for sale;

B. Repairing or servicing the vehicle, except while making repairs necessitated by an emergency;

C. Displaying temporary advertising from the vehicle;

D. Selling merchandise from the vehicle, except when authorized.

(Ord. 101 § 2 (Art. 15), 1996)

10.04.160 - Use of loading zone.

No person shall park or stand a vehicle in a place designated as a loading zone when the hours applicable to that loading zone are in effect for any purpose other than loading or unloading persons or materials. Such a stop shall not exceed the time limits posted. If no time limits are posted, use of the zone shall not exceed thirty (30) minutes.

(Ord. 101 § 2 (Art. 16), 1996)

10.04.170 - Authorized emergency vehicles.

A. The driver of an authorized emergency vehicle, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law or when responding to, but not returning from, a fire alarm, may park or stand irrespective of the provisions of this chapter.

B. This section shall not relieve drivers of authorized emergency vehicles from the duty to park or stand with regard for the safety of all persons.

(Ord. 101 § 2 (Art. 17), 1996)

10.04.180 - Lights on parked vehicle.

No lights need be displayed on a vehicle that is parked in accordance with this chapter on a street where there is sufficient light to reveal a person or object at a distance of at least five hundred (500) feet from the vehicle.

(Ord. 101 § 2 (Art. 18), 1996)

10.04.190 - Exemptions.

The provisions of this chapter that regulate the parking or standing of vehicles do not apply to:

A. A city, county, state or public utility vehicle being used for public works maintenance, construction or repair work;

B. A vehicle owned by the United States being used for collection, transportation or delivery of mail;

C. A vehicle of a disabled person who complies with the provisions of ORS 801.235 and ORS 811.600 to 811.640.

(Ord. 101 § 2 (Art. 19), 1996)

10.04.200 - Citation on illegally parked vehicles.

When a vehicle without an operator is found parked in violation of a restriction imposed by this chapter or state law, the officer finding the vehicle shall note the license number and any other information displayed on the vehicle that may identify the owner and shall attach a parking citation to the vehicle. The citation shall instruct the operator to answer to the charge or pay the penalty imposed within ten (10) days, during specific hours, and at a specific place.

(Ord. 101 § 2 (Art. 20), 1996)

10.04.210 - Failure to comply with parking citation.

If the operator does not respond to a parking citation attached to the vehicle within ten (10) working days, the municipal court clerk shall send a letter to the owner of the vehicle informing the owner of the violation and giving notice that if the citation is disregarded for a period of thirty (30) days:

A. The fine will be doubled; and

B. If the vehicle has two or more outstanding citations or fifteen dollars ($15.00) or more in unpaid fines, it may be impounded, and an impounded vehicle shall not be released until all outstanding fines and charges are paid.

(Ord. 101 § 2 (Art. 21), 1996)

10.04.220 - Owner responsibility.

The owner of a vehicle that is in violation of a parking restriction shall be responsible for the offense unless the operator used the vehicle without the owner's consent.

(Ord. 101 § 2 (Art. 22), 1996)

10.04.230 - Registered owner presumption.

In a proceeding charging violation of a parking restriction against a vehicle owner, proof that the vehicle was registered to the defendant at the time of the violation constitutes a presumption that the defendant was the owner.

(Ord. 101 § 2 (Art. 23), 1996)

10.04.240 - Impoundment of vehicles.

A. Disposition of a vehicle towed and stored under provisions of state law for the removal of hazardous vehicles shall be in accordance with provisions of state law on impoundment and disposition of abandoned vehicles.

B. Impoundment of a vehicle does not preclude issuance of a citation for violation of a provision of this chapter.

C. Stolen vehicles may be towed from public or private property and stored at the expense of the vehicle owner.

(Ord. 101 § 2 (Art. 24), 1996)

10.04.245 - Vehicles declared nuisances—Seizure and impoundment.

A. The following vehicles are declared to be nuisances and subject to seizure and impoundment:

1. A motor vehicle being operated by an operator whose operator's license is suspended or revoked under the terms of the Oregon Motor Vehicle Code;

2. A motor vehicle operated by a person who has been determined to be an habitual traffic offender under the terms of the Oregon Motor Vehicle Code;

3. A motor vehicle from which a firearm has been discharged;

4. A motor vehicle which does not have evidence of insurance or is operated by a person who does not have evidence of insurance as required by the Oregon Motor Vehicle Code;

5. A motor vehicle in which the operator is arrested and charged with driving under the influence of intoxicants in violation of the provisions of the Oregon Motor Vehicle Code;

6. A motor vehicle in which the operator is driving without driving privileges in accordance of the Oregon Motor Vehicle Code, except where the operator's license is invalid for the sole reason of being expired for less than one year.

B. Impoundment Proceedings. All impoundment proceedings pursuant to this section shall be done in accordance with Oregon Revised Statutes except as supplemented below:

1. All vehicles towed and impounded shall be by a licensed tow company under contract with the city to a storage site operated by the towing company. 

2. The owner of the impounded vehicle, or the owner's authorized agent, except as provided in subdivision 3 of this subsection, may reclaim such vehicle upon providing proof of ownership, proof of compliance with the financial responsibility laws of the Oregon Motor Vehicle Code and the payment of a towing bill, as set by council resolution.

3. If the vehicle is not reclaimed within thirty (30) days from the date of impoundment, then such vehicle shall be disposed of by the towing/storage company under contract with the city as authorized by Oregon State Law for the disposition of unclaimed vehicles. 

4. The city administrator shall adopt a procedure for a hearing to be held before the city municipal judge (or his/her designee), as hearings officer, and the person entitled to lawful possession of such vehicle, within ten (10) days following the date a written request for a hearing is served upon the city by the person.

C. Forfeiture Proceedings for Certain Flagrant Offenders.

1. The following described vehicles are declared to be nuisances and subject to seizure, impoundment and forfeiture:

A motor vehicle operated by a person whose operator's license is suspended or revoked or in violation of a hardship or probationary permit in violation of the provisions of ORS 811.182; and, the person is under the influence of intoxicants in violation of ORS 813.010, and where the person has:

a. Participated in a driving under the influence of intoxicants diversion program as provided for by the Oregon Revised Statutes, or its statutory counterparts in any jurisdiction within ten years prior to arrest or citation; or 

b.Been convicted or forfeited bail or security within the previous ten years of:

i. Driving under the influence of intoxicants under ORS 813.010 or its statutory counterpart in any jurisdiction, or

ii. Any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle, or statutory counterparts in any jurisdiction, or

iii. Any crime punishable as a felony with proof of a material element involving the operation of a motor vehicle, or statutory counterparts in any jurisdiction, or

iv. Failure to perform the duties of a driver under ORS 811.705 or its statutory counterpart in any jurisdiction, or

v. Reckless driving under ORS 811.140 or its statutory counterpart in any jurisdiction, or

vi. Fleeing or attempting to elude a police officer under ORS 811.540 or its statutory counterpart in any jurisdiction, or

vii. Any degree of recklessly endangering another person, menacing or criminal mischief resulting from the operation of a motor vehicle, or statutory counterparts in any jurisdiction, or

viii. Failure to perform the duties of a driver under ORS 811.700 while driving a commercial motor vehicle or its statutory counterpart in any jurisdiction; orc.Habitual offender status under ORS 809.640 or its statutory counterpart in any jurisdiction.

2. The above described vehicles shall be seized, impounded and forfeited to the city of Elgin. All forfeiture proceedings pursuant to this chapter shall be conducted in accordance with Sections 1 through 14 and 22, Chapter 791 of Oregon Laws, 1989, as amended by Chapters 218, 237, 276, 291, 791, 800 and 924 of Oregon Laws, 1991.

(Ord. 116 §§ 1—3, 1997)

(Ord. No. 175, § 1, 7-14-09)

10.04.250 - Violation—Penalty.

A. Violation of Sections 10.04.080 to 10.04.120 is punishable by fine not to exceed one hundred dollars ($100.00).

B. Violation of Sections 10.04.130 to 10.04.190 is punishable by fine not to exceed fifty dollars ($50.00).

(Ord. 101 § 2 (Art. 25), 1996)

10.04.260 - Collection of fines and costs.

All fines and costs imposed by convictions and bails assessed by citations are civil debts owed to the city of Elgin. Collection of unpaid fines and costs may be made by lawsuit and levy on wages, bank accounts and personal property, or by referral to a commercial collection agency, whichever is determined by the city council to be appropriate.

(Ord. 101 § 2 (Art. 26), 1996)

Chapter 10.08 - TRUCKS

10.08.010 - Definitions.

As used in this chapter:

"Fixed load vehicle," "motor truck," "truck trailer," "truck tractor" and "unloaded weight" are as defined in the Oregon Vehicle Code.

"Loaded truck" means a truck (combination or single vehicle) with a gross vehicle weight that exceeds its unloaded weight by at least ten (10) percent, or a fixed load vehicle.

"Truck" means a motor truck with or without a truck trailer, a combination truck tractor and truck trailer(s), or a fixed load vehicle.

(Ord. 100, 1996; Ord. 1-1992 § 2 (part))

10.08.020 - Trucks restricted.

A. Loaded trucks are restricted from traveling on paved streets which are the city's maintenance responsibility,

B. Trucks are restricted from parking on city streets within thirty (30) feet of the right-of-way of a street intersection.

(Ord. 1-1992 § 2 (part))

10.08.030 - Exceptions.

A. Trucks are allowed within thirty (30) feet of an intersection if loading or unloading necessitates, while the truck is loading or unloading.

B. Loaded trucks are permitted on paved streets while making a delivery or pickup, or if the route to a destination requires travel on a paved street.

C. Loaded trucks are permitted on paved streets when necessary to make emergency repairs to the truck if the route to the repair destination requires travel on a paved street.

D. Regarding subsections B and C of this section, travel on a paved street is permitted only on the route that provides the least amount of travel on paved streets, necessary to reach the destination.

(Ord. 1-1992 § 3)

10.08.040 - Violation—Penalty.

Violation of any provision of this chapter is punishable by a fine not to exceed five hundred dollars ($500.00).

(Ord. 1-1992 § 4)

Chapter 10.12 - PARKING

10.12.010 - Two-hour parking zone established.

There is established a maximum two-hour parking zone in the area extending on Eighth Street from Albany to Birch and on Division from Eighth Street to the railroad tracks excluding the south side of Division from the alley to the railroad tracks. This time limit to be effective between the hours of nine a.m. and five p.m.

(Ord. 6A-1984 § 1)

10.12.020 - Hours of no parking.

There shall be no parking in the areas stated in Section 10.12.010 between the hours of three a.m. and five a.m. to facilitate street maintenance.

(Ord. 6A-1984 § 2)

Chapter 10.13 Recreational Vehicles

Definitions:

"City" means the incorporated territory of the City of Elgin, Oregon.

"Code" means the City of Elgin development code, primarily including ordinances regulating zoning and subdivisions.

"Conditional use permit" means a discretionary permit for a use requiring special consideration due to items such as the size of area affected, the nature of the use, the creation of potential traffic problems, or the effect on adjoining land uses.

"Developed Surface" means those surfaces which have altered the natural infiltration or runoff patterns that are characteristic of natural land as it existed prior to development and are not green and growing, landscaped, or submerged. Such surfaces shall include hard surfaces that prevent or retard the entty of water into the soil; to include, but not limited to roof tops, asphalt or concrete paving, driveways, parking lots, patio areas, storage areas, or other compacted surfaces. Such surfaces shall further include porous surfaces which may accelerate the infiltration or transfer of surface or ground water; to include, but not limited to infiltration pits, piles of rock or quarry spalls, constructed surface water drainage channels, or similar surfaces.

"Director" means the City of Elgin Administrator, Planning Commission, Building Director or designee.

"Driveway" means those certain private gravel and/or paved driveways that connect a road or other street or thoroughfare to an individual owned or leased tract or any improvements thereon; driveways also include those shared or common driveways that serve more than one leaseholder or individual owned or leased tract.

"Lot" means:

1. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide yards and other open spaces as herein required. Such lot may consist of:

a. A single lot of record.

b. A portion of a lot of record.

c. A combination of complete lots of record, or complete lots of record and portions of lots of record.

d. A parcel of land described by metes and bounds; provided, that in case of division or combination there shall have been approval given to said division or combination under the conditions set forth in the subdivision ordinance.

2. For zoning purposes as covered by this code, the words "lot(s)" and "parcel(s)" are used interchangeably (see also "lot types").

"Person" means any individual, firm, partnership, corporation, company, association, syndicate or other legal entity, and including trustee, receiver, assignee or other similar representative of an individual, firm, partnership, corporation, company, association, syndicate or other legal entity.

"Manufactured dwelling park" means any place where four or more manufactured dwellings are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent or lease space or keep space for rent or lease to any person for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer space free in connection with securing the trade or patronage of such person. "Manufactured dwelling park" does not include a manufactured home subdivision.

"Manufactured dwelling park space" means an area, tract of land, or portion of a manufactured dwelling park that is designed or used for occupancy by one manufactured dwelling or recreational vehicle.

"Mobile home park" means any place where four or more manufactured structures are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person.

"Mobile home park space" means an area, tract of land, or portion of a manufactured dwelling park that is designed or used for occupancy by one manufactured structure.

"Owner" means the owner of record of real property as shown on the latest tax rolls of the county or by deed record of the county for a person who is purchasing the parcel of property under recorded contract.

"Recreational vehicle" or "RV" means a vehicle with or without motive power that is designed for human occupancy and to be used temporarily for recreational, seasonal or emergency purposes and as further defined, by rule, by the State of Oregon. The unit shall be identified as a recreational vehicle by the manufach1rer and meet applicable federal standards for construction.

"Recreational vehicle park" or "RV park":

1. Means a place where two or more recreational vehicles are located within 500 feet of one another on a lot, tract or parcel of land under common ownership and having as its primary purpose:

a. The renting of space and related facilities for a charge or fee; or

b. The provision of space for free in connection with securing the patronage of a person.

2. Does not mean:

a. An area designated only for picnicking or overnight camping; or

b. A manufactured dwelling park or mobile home park.

"Use" means the purpose for which land, or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

"Yard, front" means a yard extending between lot lines which intersect a street line, the depth of which is the minimum horizontal distance between the street line and a line parallel thereto on the lot. It includes a yard adjacent to a private street on any lot that accesses that private street. It does not include a yard adjacent to an alley only.

10.13.01 - Allowable use of recreational vehicles.

No person shall maintain an occupied recreational vehicle at any location other than a mobile home park, manufach1red dwelling park or recreational vehicle park licensed under the provisions of the state and this code, except as follows:

A. Temporary Use.

I. Bona fide recreational vehicles may be used by visitors of the residents, and shall be allowed on lots in residence areas for a period of time not to exceed 14 days. A temporary permit must be obtaine·d for $10 from the City of Elgin and displayed on the recreational vehicle.

II. Recreational vehicles may be used for a residence on a private lot for a period of not more than six months, during construction of a new home situated on the same lot. Abond or deposit of $500.00 shall be posted with the City of Elgin, and upon the removal of the recreational vehicle from the premises, the deposit or bond will be returned. If, at the end of six months, the recreational vehicle has not been removed, the bond or deposit will be forfeited, and the city will use said funds for the removal of the recreational vehicle from the property. Before the recreational vehicle is used, it will be connected to the city water and sewer systems and passed on/approved by the city public works director. A temporary permit must be obtained from the city and displayed on the recreational vehicle.

III. Recreational vehicles placed where specifically authorized by any other ordinance of the city.

B. Residential Use. No owner or person in charge of premises within the city shall occupy or allow the occupancy of a recreational vehicle upon the premises as permanent living quarters or beyond the time limits described in subsection (A) of this section, unless the recreational vehicle is placed on a manufactured dwelling park space, mobile home park space, or recreational vehicle park space.

C. Parking and Storage. No recreational vehicle shall be parked at the curb of any city street for more than 48 hours. Nothing contained herein shall prevent the parking of an unoccupied recreational vehicle not in daily use on the owner's property; except, the vehicle may not be parked in the required front yard setback of 20 feet for more than 48 hours UNLESS the recreational vehicle is stored on a driveway OR developed surface area as defined in definitions. The vehicle MUST be licensed and registered with the State of Oregon OR owner shall pay an annual fee of $55 dollars to the City of Elgin AND display the appropriate storage permit.

10.13.02 - Penalties.

Violation of, or failure to comply with, any provision of this chapter, including, without limitation, the use or operation of a recreational vehicle where such vehicle is prohibited, is punishable by a fine not to exceed five hundred dollars and abatement of said vehicle. Each violation of this chapter will constitute a separate offense. The penalties imposed by this section are not exclusive and are in addition to any other remedies, civil or criminal, available to the city under applicable law.

10.13.03 - Fee Schedule and Approval Authority.

A. 14 Day Permit-The City Administrator or designee shall approve all 14 day permits and issue the applicant a City of Elgin 14-day temporary use permit upon the payment of $10. This permit MUST be displayed on the said recreational vehicle in a conspicuous location that can be inspected by city officials at any time.

B. 6 Month Permit - The City of Elgin Planning Commission shall approve all 6 month permits and instruct the City Administrator to issue the applicant a conditional use permit. The applicant and City must follow the appropriate conditional use application procedure as identified in 17.44 Conditional Use Permits.

I. The City Administrator and City of Elgin Planning Commission reserve the right to revoke this permit at any time should the specifications of (17.44.080 - Revocation of conditional use permit) be violated in any way.

II. This specific conditional use permit falls under the jurisdiction of City of Elgin Municipal Code Chapter 17.44 Conditional Uses for anything not covered in this section.

III. Prior to the expiration of an awarded six-month Conditional Use Permit, if the applicant anticipates needing more time, said applicant MUST apply for a new permit through the same means as the original permit. This process shall be started prior to the conclusion of month five to allow city staff and Planning Commission members adequate time for posting of hearings and research into the request. If insufficient time is given to staff and Planning Commission members, the applicant can be asked to vacate the recreational vehicle from said property until approval of a new permit can be obtained.

10.13.04 - Penalties.

A. Severability - The provisions of this ordinance are severable. If a section, sentence, clause or phrase of this ordinance is adjudged by a court of competent Jurisdiction to be invalid, the decision shall not affect the validity of the remaining portions of this ordinance.

B. Abatement and penalty - A violation of this ordinance may be the subject of criminal, civil, or other sanctions authorized under a city ordinance.

IV. Criminal Penalties. Unless otherwise specified, every violation of the terms of this ordinance is a Class B Violation. Each day such violation continues shall be considered a separate offense.

V. Civil Penalties and Remedies. In addition to, or in lieu of, criminal actions, a violation of this ordinance or a permit issued hereunder may be the subject of a civil action in the nature of a debt or of any appropriate remedy issuing from a court of competent jurisdiction, including mandatory and prohibitory injunctions and orders of abatement.

Chapter 10.16 - ATVs

10.16.010 - Short title.

This chapter (hereinafter "chapter") may be referred to and city as the "ATV Ordinance."

(Ord. No. 1-2019, § 2, 1-8-19)

10.16.020 - Definitions.

As used in this chapter, the following capitalized terms have the meanings assigned to them below:

A. "All-Terrain Vehicle(s)" and "ATV(s)" means Class I All-Terrain Vehicles (with the exception of 3-wheelers) and Class IV All-Terrain Vehicles.

B. "City ATV Permit" means the permit issued by the city, upon demonstration that an individual has

1. Completed the "Oregon All-Terrain Vehicle Safety Education" court, and received that "Oregon All-Terrain Vehicle Safety Card" (see www.rideATVoregon.org), and

2. Acknowledged awareness and responsibility for the safety requirements set forth by the city in the application, including safety requirements, scope, penalties, and

3. Paid the appropriate fee for the permit, replacement permit, or temporary 3-day permit.

C."Class I All-Terrain Vehicle(s)" has the meaning given that term under ORS 801.190, with the exception that three-wheeled vehicles are not allowed. ORS 801.190 defines a Class I All-Terrain Vehicle as a motorized, off-highway recreational vehicle that is:

1. 50 inches or less in width,

2. Has a dry weight of 1,200 pounds or less,

3. Travels on four [1] or more pneumatic tires that are six inches or more in width and that are designed for use on wheels with a rim diameter of fourteen (14) inches or less,

4. Uses handlebars for steering,

5. Has a seat designed to be straddled for the operator, and

6. Is designed for or capable of cross-country travel on or immediately over land—or other natural terrain.

Class I All-Terrain Vehicles may also be known as quads or four-wheelers.

D. "Class IV All-Terrain Vehicles" has the meaning given that term under ORS 801.194(2). ORS 801.194(2) defines a Class IV All-Terrain Vehicle as any motorized vehicle that

1. Travels on four or more pneumatic tires that are six inches or more in width and that are designed for use on wheels with a rim diameter of fourteen (14) inches or less,

2. Is designed for or capable of cross-country travel on or immediately over land—or other natural terrain,

3. Has non-straddle seating,

4. Has a steering wheel for steering control,

5. Has a try weight of one thousand eight hundred (1,800) pounds or less, and6.Is sixty-five (65) inches wide or less at its widest point.

Class IV All-Terrain Vehicles may also be known as side-by-sides.

E. "Prohibited All-Terrain Vehicles" means ATVs specifically prohibited for use by the city under this chapter, including but not limited to: three-wheelers, and lawn mowers.

F. "Driver License" has the meaning given that term under ORS 801.245.

G. "Motorcycle Helmet" has the meaning given that term under ORS 801.366. ORS 801.366 defines a Motorcycle Helmet as a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell and a chin-strap type retention system with a sticker indicating that the motorcycle helmet meets standards established by the United States Department of Transportation. Motorcycle helmets shall be required for ATV riders under eighteen (18) years of age.

H. "Traffic Law(s)" means any and all Oregon statutes and regulations relating in any way to the operation or use of motorized vehicles, including, without limitation, the Oregon Vehicle Code and any regulations promulgated thereunder.

I."Street(s)" means all highways, roads, streets, and alleys, other than State of Oregon highways, within the boundaries of the city, including, without limitation, roads regularly maintained by the city of Elgin within the boundaries of the city, except that a person may, while operating an ATV allowed herein to cross a State of Oregon highway to the extent permitted under ORS 821.200(1).

(Ord. No. 1-2019, § 3, 1-8-19)

10.16.030 - Operation of all-terrain vehicles on streets authorized.

Subject to the provisions of this chapter, ATVs may be operated on streets subject to the conditions and restrictions set forth under ORS 821.200. All-Terrain Vehicles are prohibited from operating under this chapter on any state of Oregon highway within the boundaries of the city, including Highway 82/8 th Street and Highway 244/Division Street, except that a person may, while operating an ATV, cross a state of Oregon highway to the extent permitted under applicable Oregon law, including ORS 821.200(1).

(Ord. No. 1-2019, § 4, 1-8-19)

10.16.040 - Regulations for operation of all-terrain vehicles.

All-Terrain Vehicles operated under this chapter must be operated in compliance with all applicable federal, state, and local laws, regulations, and ordinances, including, without limitation, all applicable traffic law requirements (including, without limitation, ORS 811.255) and all posted speed limits, and in a manner comporting with the public health, safety, and general welfare.

(Ord. No. 1-2019, § 5, 1-8-19)

10.16.050 - Licensed driver 16 years of age or older required.

A person operating an ATV under this chapter must be sixteen (16) years of age or older, and hold a valid driver license. If an individual illegally operates an ATV under the age of sixteen (16), the citation shall be given to their parent or guardian.

(Ord. No. 1-2019, § 6, 1-8-19)

10.16.060 - Riders under 16 years of age.

Any rider of an ATV under the age of sixteen (16), or who does not hold a valid driver license, but be accompanied by an adult age eighteen (18) or older who holds a valid driver license.

(Ord. No. 1-2019, § 7, 1-8-19)

10.16.070 - All-terrain vehicle city permit required.

A person operating an ATV under this chapter must hold a valid ATV city permit, which requires the holder to demonstrate the he or she has:

A. Completed the "Oregon All-Terrain Vehicle Safety Education" court, and received that "Oregon All-Terrain Vehicle Safety Card" (see www.rideATVoregon.org), and

B.Acknowledged awareness and responsibility for the safety requirements set forth by the city in the application, including safety requirements, scope, penalties, and

C.Paid the appropriate fee for the permit, replacement permit, or temporary three-day permit.

(Ord. No. 1-2019, § 8, 1-8-19)

10.16.080 - Safety equipment requirements.

All-Terrain Vehicles operated under this chapter must be equipped with the safety equipment required under all applicable traffic laws, including, without limitation, ORS 821.030, ORS 821.040, ORS 821.220, ORS 821.230, and OAR 735-116-0000.

(Ord. No. 1-2019, § 9, 1-8-19)

10.16.090 - Helmet requirements.

A person who is under eighteen (18) years of age must wear a motorcycle helmet with a fastened chin strap while riding as a driver or passenger on an ATV operated under this chapter.

(Ord. No. 1-2019, § 10, 1-8-19)

10.16.100 - Safety belt requirements.

A person must be properly secured with a safety belt or safety harness while operating or riding as a passenger on an ATV operated under this Ordinance if such ATV was required to be equipped with safety belts or safety harnesses at the time the ATV was manufactured or safety belts or safety harnesses have been installed on the ATV.

(Ord. No. 1-2019, § 11, 1-8-19)

10.16.110 - Speed limits.

All-Terrain vehicles operated under this chapter must be operated in compliance with all posted speed limits and may not be operated

A. At a rate of speed greater than reasonable and proper under the existing conditions, or

B. In a negligent manner so as to endanger or cause injury, death, and/or damage to the operator or person or property of another.

(Ord. No. 1-2019, § 12, 1-8-19)

10.16.120 - Prohibition on operating all-terrain vehicles while driving privileges suspended.

A person may not operate an ATV under this chapter while the person's driving privileges (i.e., driver license) are suspended or revoked.

(Ord. No. 1-2019, § 13, 1-8-19)

10.16.130 - Financial requirements.

All-terrain vehicles operated under this chapter must meet the financial responsibility requirements under ORS 806.060. For purposes of this Section, "financial responsibility requirements" means the ability to respond in damages for liability, on account of accidents arising out of the ownership, operation, maintenance, and/or use of an ATV, in a manner provided under ORS 806.060.

(Ord. No. 1-2019, § 14, 1-8-19)

10.16.140 - Daylight hours only.

All-terrain vehicles operated under this chapter may be operated only during daylight hours. For purposes of this section, "daylight hours" means one-half hour before sunrise to one-half hour after sunset. At any time from one-half hour before sunrise to one-half hour after sunrise, and from one-half hour before sunset to one-half hour after sunset, and during any time when limited visibility conditions exist, ATVs operated under this chapter must be equipped with and display headlights and taillights.

(Ord. No. 1-2019, § 15, 1-8-19)

10.16.150 - Posting.

The city will post signs giving notice that the operation of ATVs is permitted upon streets under the provisions of this chapter. The city will post such signs at locations necessary to inform the public that ATVs are permitted upon streets, which sign locations will be determined by the city in its sole discretion.

(Ord. No. 1-2019, § 16, 1-8-19)

10.16.160 - Liability.

The operation of an ATV will be undertaken at the sole risk and responsibility of the owner and/or operator. The city, by passing this chapter, assumes no responsibility for the operation of such ATVs and will be held harmless in any action arising from the operation of such ATVs on or off any public way within the city, including, without limitation, streets.

(Ord. No. 1-2019, § 17, 1-8-19)

10.16.170 - Penalties.

Violation of, or failure to comply with, any provision of this chapter, including, without limitation, the operation of an ATV where such ATV is prohibited or in a manner in which is prohibited, is subject to the following:

A. is punishable by a fine not to exceed five hundred dollars ($500.00). The presumptive fine shall be one hundred fifteen dollars ($115.00), and the minimum fine shall be sixty dollars ($60.00).

B. Revocation of the city ATV permit for a period of one year. At the end of a one-year period, the permit holder may re-apply for said permit by re-initiating the application process.

C. Each violation of this chapter will constitute a separate offense.

D. A violation of this chapter shall be commenced by the issuance of a Citation and shall be prosecuted in the Elgin Municipal Court.

E. The penalties imposed by this section are not exclusive and are in addition to any other remedies, civil or criminal, available to the city under applicable law.

(Ord. No. 1-2019, § 18, 1-8-19)

10.16.180 - Modification.

Law enforcement officials and/or officials acting on behalf of the city of Elgin have the authority to modify the provisions of this chapter as a result of the occurrence of special events. Such modifications shall be temporary in nature and shall not violate traffic laws.

(Ord. No. 1-2019, § 19, 1-8-19)

10.16.190 - Miscellaneous.

All pronouns contained in this chapter and any variations thereof will be deemed to refer to the masculine, feminine, or neutral, singular or plural, as the identity of the parties may require. The singular includes the plural and the plural includes the singular. The word "or" is not exclusive. The words "include," "includes," and "including" are not limiting. Any reference to a particular law, statute, rule, regulation, code, or ordinance includes the law, statute, rule, regulation, code, or ordinance as now in force and hereafter amended. The provisions of this chapter are hereby declared to be severable. If any section, subsection, sentence, clause, and/or portion will

A. Yield to a construction permitting enforcement to the maximum extent permitted by applicable law, and

B. Not affect the validity, enforceability, and/or constitutionality of the remaining portion of this chapter.

This chapter may be corrected by order of the city council to cure editorial and/or clerical errors.

(Ord. No. 1-2019, § 20, 1-8-19)

10.16.200 - Declaration of emergency.

It is hereby determined and found that this chapter is necessary for the immediate preservation of the public health, peace and safety of the people of the city of Elgin, and by reason of the foregoing, an emergency is hereby declared to exist. As such, this section shall be in full force and effect immediately upon and after the passage by the city council and signed by the mayor of the city of Elgin.

(Ord. No. 1-2019, § 21, 1-8-19)

[1] ---

ORS 801.190 includes "three or more" tires; however, the city specifically excludes three-wheelers from its definition of allowed ATVs. Lawn mowers are also specifically excluded under this chapter.