54-B--A Bill for on Ordinance to be designated as

ORDINANCE NO. 11

An ordinance to regulate traffic; adopting by reference the State Uniform Traffic Act; providing for local traffic regulations, the regulation of parking, drunken and reckless driving, end the placing end maintenance of traffic signs end markers; providing penalties for the violation thereof, and declaring an emergency.

The City of Sodaville ordains as follows:

Sec. 1.--ADOPTION OF STATE TRAFFIC ACT.

The following enumerated sections of the "State Uniform Traffic Act,” Title 115, Chapter 3, O.C.L.A. as amended by Oregon Laws, 1941, and/or subsequent amendments; Chapters 428 and 458, together with all amendments which are now or may hereafter be enacted, are hereby adopted by reference and made a part of this ordinance: 115-301 to 115-399 inclusive; also 115-3, 100 and 115-3, 101.

All acts which are made unlawful by the above-mentioned sections of the state motor vehicle laws shall be considered as offenses against the City of Sodaville when committed within its boundaries and shall be punished by the penalties hereinafter provided, which shall, for the purposes of this ordinance, supersede all other penalties.

Sec. 2.--DEFINITIONS.

In addition to the definitions contained in Section 115-301 O.C.L.A., adopted by reference in Section 1, the following words and phrases when used in this ordinance shell have the following meanings, except where the context clearly indicates a different meaning:

(a) Loading Zone. That space adjacent to the curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

(b) Parking. To stop and stand, with or without a driver, or to leave e motor vehicle upon any street, alley, or public are in this city.

(c) Highway. The term "highway" as used in this ordinance and in the sections of the state motor vehicle laws adopted by reference in this ordinance shall be deemed to include a11 streets and alleys in the City of Sodaville.

Sec. 3.--VEHICLES IN MOTION TO HAVE RIGHT-OF-WAY.

The driver of any vehicle approaching from the rear of a stopped or parked vehicle shall have the right-of-way over any such stopped or parked vehicle, and the driver or owner of any such stopped or parked vehicle shall be liable and responsible for any damage caused by a collision by reason of any such stopped or parked vehicle moving out of position before the way is clear and before any vehicle having the right-of-way has passed; provided, however, that if the approaching vehicle is being operated or driven in any manner constituting & violation of any part of this ordinance, the driver or owner of any such approaching vehicle shall forfeit all claim to the right-of-way and shall be held responsible for any accident arising from such collision.

Sec. 4.--REMOVING GLASS AND DEBRIS APTER ACCIDENTS.

Any party to a collision or other motor vehicle accident upon any street, alley, or public place in this city shall immediately remove or cause to be removed from said street, alley, or public place all glass and foreign substances resulting from such collision or accident as well as the motor vehicle which said party was driving at the time of such collision or accident.

Sec. 5.--LOGS AND POLES.

(a) No logs or piling shall be moved over or upon the streets of this city unless written permission from the Street committee has been obtained.

(b) No logs, poles, piling, or other things shall be dragged upon or over the surface of any street.

Sec. 6.--CLEATS AND SPIKES ON WHEELS.

No tire on any motor vehicle or any other vehicle, unless such vehicle he actually engage at the time in construction or repair work on public streets of this city, shall have on the periphery of its wheels any block, stud, cleat, bead, or any other protuberance of metal which projects beyond the tread or traction surface of the tire.

Sec. 7.--OBSTRUCTING STREETS.

Except as otherwise provided in this ordinance, it shall be unlawful for any person, firm, or corporation, unless he first obtain written permission from the marshal-street commissioner, to park, place, or leave any motor vehicle or any part thereof, or any trailer, box, ware, or merchandise of any description, or any other thing that in any way impedes the traffic, or obstructs the view, upon any street, alley, parking strip, sidewalk, or curb of the city.

Sec. 8.--METHOD OF PARKING.

It shall be unlawful to park in any method other than parallel to the roadway on any street where two or more lanes of traffic are maintained, and then only when such parking does not interfere with the normal and ordinary traffic. Parking in any manner on a street where a single traffic lane is maintained is unlawful at all times.

Sec. 9.--DOUBLE PARKING.

No person shall "double park" any vehicle or park on the road side of any vehicle parked at the edge or curb of any street

Sec. 10.--STORING VEHICLES ON STREETS.

Neo person, firm, or corporation shall store on any street or alley any wagon, automobile, farming implement, traction engine, machinery, or vehicle; provided, however, that mechanics may repair such vehicles while temporarily on the streets for that purpose if traffic is not thereby obstructed. This Section shall not be applicable to machinery or vehicles owned by or in the employ of the city and used in working on the streets.

Sec. 11.--DRUNK DRIVING.

(a) It shall be unlawful for any habitual user of narcotic drugs or any persons under the influence of intoxicating liquor or narcotic drugs to drive any vehicle upon any streets within this city.

(b) Any person arrested for violation of this section shell be held under appropriate bail for later appearance in a court of competent jurisdiction, at which appearance the arresting officer end, per se, the City of Sodaville shall appear as complaining witness.

(c) The marshal shall, pending the final hearing in the court before which the complaint is brought, of any charge against a person for violation of this section, seize and hold the vehicle which the arrested person was driving at the time of the arrest.

(d) Whenever any vehicle is held in the custody of the marshal pursuant to the provisions of this section, the vehicle may be placed in any privately owned garage, and when the motor vehicle in storage is delivered to the owner or to the person entitled to the possession thereof, all accrued storage and towing charges shell be paid by the owner of the motor vehicle or by the person entitled to the possession thereof.

12.--RECKLESS DRIVING.

Any person who drives vehicle upon aa street carelessly end heedlessly in willful or wanton disregard of the rights of safety of others, or without due caution and circumpsection [sic] and at a speed or in a manner so as to endanger or belikely to endanger any person or property, shall be guilty of reckless driving and upon arrest may be released on commensurate bail in the same manner as provided in Sec. 11 sub-section (b) of this ordinance.

Sec. 13.--STREET COMMITTEE.

Subject to the approval of the common council by resolution, the street committee may:

(a) Designate stop streets.

(b) Designate crosswalks, safety zones, end traffic lanes.

(c) Designate areas in which no perking shall be permitted, and areas in which the time of parking its to be limited.

(d) Direct the placing and maintenance of such traffic signs, markers, and signals as may be reasonable or necessary to carry the above powers into effect and for the regulation and safety of traffic.

(e) Exercise e general supervision over the administration end enforcement of all traffic ordinances.

(f) Require the trimming or pruning of trees and shrubs along streets and highways so that they will not obstruct the view for traffic, and order the removal or alteration of any signs, fences, or other objects along streets and highways that are an obstruction of the view for traffic.

Sec.14.--EXISTING SIGNS.

All official traffic Signs, signals, and markers existing at the time of the adoption of this ordinance shall be considered official under the provisions of this ordinance; provided, however, that the common council may by resolution at any time have any such traffic Signs, signals, or markers removed or changed; and provided, further, that any additional official traffic signs, signals, or markers, erected, installed, or painted shall first be authorized by resolution of the common council.

Sec. 15.--PENALTIES.

(a) It shall be unlawful for any person to violate any of the provisions of this ordinance.

(b) Except as otherwise provided herein, every person convicted of violating any of the provisions of this ordinance shall be punished by a fine of not more than $100 or by imprisonment for not more then thirty days. For a second or subsequent conviction within one year thereafter such person shell be punished by a fine of not more then $200, or by imprisonment for not more than fifty days, or by both such fine and imprisonment. Provided, however, that in all sentences in which a jail sentence is invoked the City of Sodaville may at its discretion arrange for incarceration of the convicted person in any nearby and convenient jail where safe and sanitary housing is available.

Sec. 16.

Misdemeanors and offenses especially enumerated in this ordinance are predicated upon pyhsical [sic] and institutional conditions existing in the City of Sodaville at the time of its adoption, and ere not to be deemed exclusive, and as occasion demands such other offenses end misdemeanors punishable under the State Uniform Traffic Act, and in which concurrent jurisdiction may be claimed, may be specifically set forth as sub-sections under this ordinance.

Sec. 17. EMERGENCY

Whereas, an emergency exists, and it is necessary for the preservation of the peace, health, safety, and general welfare of the citizens of the City of Sodaville that this ordinance take effect immediately, it shall take effect immediately upon its passage by the council and approval by the mayor.

Passed by the Council this 1 day of February, 1954.