Grants Pass Municipal Code
Chapters 6.02 through 6.32 have been amended by Ord. 4728 §1, 1992.
Chapter 6.06.050 has been amended by Ord. 5211, 2004.
Chapter 6.04.030, 6.04.040, and 6.05.030 have been amended by Ord. 5278, 2005.
Title 6
GRANTS PASS UNIFORM TRAFFIC CODE
VEHICLES AND TRAFFIC
STREETS, SIDEWALKS, AND PUBLIC PLACES
Chapters:
I. VEHICLES AND TRAFFIC
Chapters:
6.01 Title and Definitions
6.02 Traffic Administration
6.03 Parking Regulations
6.04 Restricted Parking Spaces
6.05 Parking Signs
6.06 Parking Violations, Procedures, and Citations
6.07 Penalties
6.20 Bicycle Operation
6.22 Bicycle Licenses
6.24 Impoundment of Vehicles
II. STREETS, SIDEWALKS AND PUBLIC PLACES
Chapters:
6.30 Reserved Parking Zones
6.34 Sidewalks
6.36 Encroachment Ordinance
6.38 Barricades
6.40 Street Numbering
6.42 Street Trees
6.44 Street and Alley Vacations
6.45 Smoking Prohibitions
6.46 Parks
I. VEHICLES AND TRAFFIC
Chapter 6.01
TITLE AND DEFINITIONS
Sections:
6.01.010 Title, Grants Pass Uniform Traffic Code, GPUTC.
6.01.020 Definitions.
6.01.010 Title, Grants Pass Uniform Traffic Code, GPUTC.
Chapters 6.01 through and including 6.26 shall be titled the Grants Pass Uniform
Traffic Code and may be cited as the GPUTC.
6.01.020 Definitions.
A.
As used in the GPUTC, the singular includes the plural; and the masculine
includes the feminine.
B.
In addition to those definitions contained in the Oregon Vehicle Code, the
following words or phrases, except where the context clearly indicates a
different meaning, shall have the meanings set forth below:
1.
"Bicycle" means a vehicle propelled by human power upon which a
person may ride, and which has two or more wheels, two of which
are over 15 inches in diameter.
2.
"Central Business Parking District" is "G" Street from Fourth Street
to Seventh Street, "H" Street from Fifth Street to Eighth Street, and
that section of Grants Pass bounded by "C" Street on the North, "J"
Street on the South, 5th Street on the West, and 7th Street on the
East, and not to include parking along "C" Street, "D" Street, 5th
Street, and "J" Street.
3.
"City Manager" means the City Manager of Grants Pass or a
designated representative.
4.
"Community Development Director" means the Community
Development Director of Grants Pass or a designated
representative.
5.
"Employee" means an employer or employee, whether self-
employed or employed by others, who engages in any business,
profession, or occupations physically located within the Restricted
Employee Parking District, and shall include any student who is
enrolled in any business within the district where such student is at
the business for a period greater than 10 hours in any given week.
(Ord. 4969 §1, 1999)
6.
"Fire Lane" has the definition as set out in Chapter
9.12.060(8)(b)(c) of the Grants Pass Municipal Code.
7.
"Holidays" where used in the GPUTC or on signs or other devices
erected in accordance with the GPUTC, means legal holidays of
the State of Oregon.
8.
"Motor Vehicle" means every vehicle that is self-propelled, including
tractors, fork-lift trucks, motorcycles, road building equipment,
street cleaning equipment, and any other vehicle capable of moving
under its own power, notwithstanding that the vehicle may be
exempt from licensing under the motor vehicle laws of Oregon.
9.
"Parking Space" means a space within a parking zone or parking
district in which a single vehicle may be parked as provided in the
GPUTC.
10.
"Parking Zone or Parking District" means a certain designated
section of a public street or public parking lot within designated
boundaries where a vehicle may be temporarily parked and allowed
to remain pursuant to the terms of the GPUTC.
11.
"Person" means every person, business, partnership, association,
or corporation.
12.
"Reserved Parking Zone" means an area adjacent to a curb
reserved for the exclusive use of vehicles for commercial purposes
essential for the business operation of the applicant, for the delivery
and receipt of goods in a retail nature on an on-going, daily basis.
Only trucks, pickups and cargo vans are allowed in a Reserved
Parking Zone. Passenger vehicles are expressly prohibited.
(Ord. 4969 §1, 1999)
13.
"Restricted Employee Parking District" is the section of Grants Pass
bordered by "C" Street to the north, "J" Street to the south, 4th
Street to the west, and 8th Street to the east. (Ord. 4969 §1, 1999)
14.
"Traffic Lane" means that portion of the roadway used for the
movement of a single line of vehicles.
15.
"Vehicle" means any device in, upon, or by which any person or
property is or may be transported or drawn upon a public highway,
and includes vehicles that are propelled or powered by any means.
16.
"Long Term Parking Space" means a parking space located in a
public Parking lot that is designated for use by vehicles displaying a
current City Parking Permit. (Ord. 4792 §1, 4/20/94)
17.
"Parking Permit" is a card, sticker, decal or other device issued by
the City to authorize a person to park a vehicle in a designated
Long Term Parking Space. (Ord. 4792 §1, 4/20/94)
Chapter 6.02
TRAFFIC ADMINISTRATION
Sections:
6.02.010 Municipal Traffic Authority.
6.02.020 Duties of City Manager.
6.02.030 Authority of Community Development Director.
6.02.040 Installation of Temporary Traffic Control Devices.
6.02.050 Traffic Control Standards.
6.02.060 Enforcement Authority.
6.02.010 Municipal Traffic Authority.
A.
Subject to State Laws, the City Council shall exercise all municipal traffic
authority for the City except those powers specifically and expressly
delegated in the GPUTC or by another ordinance.
B.
The power to modify the following subjects shall be reserved in the
Council:
1.
Designation of through streets.
2.
Designation of one-way streets.
3.
Designation of truck routes.
4.
Designation of time limitations within the Central Business Parking
District, for parking in public parking lots and on the streets, except
for 15 minute and 30 minute parking. However, 30 minute parking
spaces shall only be designated adjacent to businesses which
dispense prescription medication.
5.
Restriction of the use of certain streets by any class or kind of
vehicle to protect the streets from damage.
6.
Authorization of greater maximum weights or lengths for vehicles
using City streets than specified by State Law.
7.
Initiation of proceedings to change speed zones.
8.
The boundaries of the Central Business Parking District and
Restricted Employee Parking District.
9.
The designation of public parking lots.
6.02.020 Duties of City Manager.
The City Manager shall exercise the following duties:
A.
Implement the ordinances, resolutions, and motions of the Council, and
his own orders by installing, maintaining, removing, and altering traffic
control devices. Such installation shall be based on the standards
contained in the Oregon Manual on Uniform Traffic Control Devices for
Streets and Highways.
B.
Issue oversize or overweight vehicle permits.
C.
Regulate all parking on City streets and in public parking lots, including
curbing, signs, lines, and other suitable markings, subject to the following
restrictions:
1.
Only the Council may designate the time limits on parking lots and
spaces located within the Central Business Parking District, except
for areas in public parking lots to be used for long-term or employee
parking and 15 minute and 30 minute parking spaces which can be
designated by the Manager. (Ord. 4766 §1, 1993)
2.
Implementation of a permitting system to regulate long-term or
employee parking in public lots, if deemed necessary, shall be the
responsibility of the Manager. (Ord. 4766 §1, 1993)
3.
Thirty minute parking spaces shall only be designated adjacent to
businesses which dispense prescription medication.
(Ord. 4766 §1, 1993)
4.
When parking regulations effecting more than 3 contiguous vehicle
spaces are established by the City Manager, the Manager shall
notify the Council in writing of the regulation within 30 days and
said notification shall be filed with the Community Development
Department which shall maintain a "Parking Regulation" file.
(Ord. 4766 §1, 1993)
D. Establish, remove, or alter the following classes of traffic controls:
1.
Crosswalks, safety zones, and traffic lanes;
2.
Intersection channelization and areas where drivers of vehicles
shall not make right, 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).
4.
Speed limits in parks.
6.02.030 Authority of Community Development Director.
When a person notifies the Community Development Director that the person is
appealing or contesting a violation of the GPUTC, the Director is authorized to
consider the information provided by the person and to reduce the fine,
delinquent charges, and collection fee, if in the opinion of the Director the totality
of circumstances justify a reduction. Any further appeal or contesting of the
violation, fine, delinquent charges, or collection fee shall be pursued through the
appropriate court.
6.02.040 Installation of Temporary Traffic Control Devices.
Under conditions constituting a danger to the public, the City Manager may install
temporary traffic control devices deemed necessary by the Manager.
6.02.050 Traffic Control Standards.
In regulating traffic, the City Manager may consider:
A.
Traffic engineering principles and traffic investigations.
B.
Standards, limitations and rules promulgated by the Oregon
Transportation Commission.
C.
Other recognized traffic control standards.
D.
The traffic needs of the community.
6.02.060 Enforcement Authority.
A.
It is the duty of Public Safety Officers to enforce the provisions of the
GPUTC.
B.
In the event of a fire or other public emergency, Public Safety Officers may
direct traffic as conditions require, notwithstanding the provisions of the
GPUTC.
C.
The designation of Code Enforcement Officer is hereby established. Code
Enforcement Officers are authorized to enforce the Municipal Code of the
City of Grants Pass including but not limited to parking regulations as set
forth in the GPUTC and resolutions and ordinances of the Council. The
City Manager shall designate Code Enforcement Officers as the Manager
deems necessary.
D.
When a Public Safety Officer or Code Enforcement Officer believes the
totality of circumstances regarding a potential citation and the interests of
the City justify a warning instead of a violation penalty, the Officer is
authorized to issue a Warning on the Notice of Violation citation form.
Chapter 6.03
PARKING REGULATIONS
Sections:
6.03.010
Method of Parking.
6.03.020
Restricted Parking or Standing.
6.03.030
Prohibited Parking.
6.03.035
Storage and Parking on Public Streets of Motor Vehicles or
Trailers.
6.03.040
Unattended Vehicles With Keys.
6.03.050
Unlawful Marking of Street, Sidewalk, or Curb.
6.03.060
Parking of Oversize Vehicles.
6.03.070
Exemptions.
6.03.080
Regulating Conduct Within Public Parking Lots.
6.03.090
Public Parking Lots - Designated.
6.03.500
Oversized Vehicle and Trailer Parking Restrictions in Residential
Zones. (Ord. #5053 §1, 2001)
6.03.010 Method of Parking.
A.
The person who first begins maneuvering a motor vehicle into a vacant
parking space on a street shall have priority to park in that space, and no
other vehicle operator shall attempt to interfere.
B.
Whenever the operator of a vehicle discovers the vehicle is parked close
to a building to which the Public Safety Department has been summoned,
the operator shall immediately remove the vehicle from the area if so
requested by the Public Safety Department.
6.03.020 Restricted Parking or Standing.
In addition to the State Motor Vehicles laws prohibiting parking, no person shall
park or stand a vehicle adjacent to a curb which has been painted yellow
pursuant to the GPUTC.
6.03.030 Prohibited Parking.
No person shall park and no owner shall allow a vehicle to be parked upon a
street for the principal purpose of:
A.
Displaying the vehicle for sale.
B.
Repairing or servicing the vehicle, except repairs necessitated by an
emergency.
C.
Displaying advertising from the vehicle.
D.
Selling merchandise from the vehicle, except when specifically authorized
by a permit issued by the City.
6.03.035 Storage and Parking on Public Streets of Motor Vehicles or Trailers.
No person shall park or store, or permit to be parked or stored, a motor vehicle or
other personal property (including but not limited to trailers) on a street or other
public property for a period in excess of 72 hours during any 73 hour period.
Movement of a motor vehicle or personal property on a street or other public
property for a distance of less than 300 feet shall constitute continuous and
uninterrupted parking or storage in the same location. If the parking or storage is
necessitated by an emergency, the period of time shall be extended to a total of
96 hours during any 97 hour period. This section shall not apply to parking or
storage specifically permitted by resolution of the Council. (Ord. 4784, §1, 1994)
6.03.040 Unattended Vehicles.
No person shall leave the ignition key in the ignition of a vehicle key when the
vehicle is left unattended. Whenever a Public Safety Officer or Code
Enforcement Officer finds a motor vehicle parked or standing unattended with the
ignition key in the vehicle, the officer is authorized to remove the key from the
vehicle and deliver the key to the Dispatch Division of the Public Safety
Department.
6.03.050 Unlawful Marking of Street, Sidewalk, or Curb.
Except as provided by the GPUTC, no person shall letter, mark, or paint in any
manner any letters, marks, or signs on any sidewalk, curb, or other portion of any
street, or post anything designed or intended to prohibit or restrict parking on any
street. The street address of a residence or lot may be painted on the curb
immediately adjacent to the residence or lot, with black numbers or letters and a
white background, so long as the numbers or letters singly or in combination are
no more than 6 inches in total height and are no more than 24 inches in total
length.
6.03.060 Parking in Fire Lane Prohibited.
No person shall park a vehicle for any purpose or length of time in a place
designated as a "Fire Lane Zone," as set out in Section 9.12.070(c). Any vehicle
found so parked may be towed immediately at the owners expense. This remedy
is not exclusive of any other provision as allowed by law.
6.03.070 Exemptions.
The provisions of the GPUTC regulating the parking or standing of vehicles shall
not apply to:
A.
City, County, and State Police and fire vehicles.
B.
A City, County, State, or public utility vehicle while necessarily in use for
construction or repair work on a public utility or facility.
C.
A vehicle owned by the United States while in use for the collection,
transportation or delivery of mail.
6.03.080 Regulating Conduct Within Public Parking Lots, on Public Sidewalks, or
Public Alleys.
While in a public parking lot, on a public sidewalk, or on a public alley (unless
specifically permitted herein), no person shall:
A.
Park any vehicle across any curb, sign, line, or mark designating the
boundaries of a parking space, or to park any vehicle within any area
other than in a space designated for parking, unless parking in an alley as
set forth in 6.04.050.
B.
Operate any vehicle in a public parking lot, except for the purpose of
parking or departing.
C.
Obliterate, smear, or hide any marking on any tire of any vehicle which
marking has been affixed thereupon by a Public Safety Officer or Code
Enforcement Officer for the purpose of enforcing the GPUTC.
D.
Deface, injure, tamper with, destroy, or impair the usefulness of any sign,
curbing, line, or other marking.
E.
Consume alcoholic liquor within or without a motor vehicle.
F.
Operate any vehicle while under the influence of intoxicating liquor,
dangerous drugs or narcotic drugs, as such dangerous drugs and narcotic
drugs are defined pursuant to Oregon law.
G.
Operate any motor vehicle at night without lights as required by the laws
of the State for operation of vehicles at night on public thoroughfares and
highways.
H.
Operate any motor vehicle at a speed greater than 5 miles per hour.
I.
Operate any motor vehicle without exercising reasonable control of the
motor vehicle as may be necessary to avoid colliding with any object.
J.
Throw, leave, or place any glass, debris, junk, refuse, metal, trash, or
other material.
K.
Urinate, defecate, or fornicate.
L.
Operate or park any vehicle which is not equipped with rubber tires.
M.
Operate or park any vehicle which is equipped with cleats or other metallic
devices which can damage the asphalt or concrete surface of the parking
lot, sidewalk, or alley.
N.
Operate or park any vehicle which has an over-all length in excess of 20
feet, or over-all weight in excess of 3 2 tons.
6.03.090 Public Parking Lots - Designated.
The Council may by resolution designate or delete properties as public parking
lots. When designated as a public parking lot, the properties shall then be
subject to the GPUTC. All properties designated by the Council as public parking
lots as of January 1, 1992 shall remain so designated until further resolution of
the Council, these include but are not limited to original townsite Lots: 7, 8, 9, 10
and 12, in Block 51; 9, 10, 11 and 12, in Block 59; 3 and 4 in Block 67; 4, 5, and
6, and the West 20 feet of Lot 3, in Block 60.
6.03.500 Oversized Vehicle and Trailer Parking Restrictions in Residential Zones.
A.
Trailer Parking. Each and all of the following trailers (and motor vehicles)
are prohibited from parking on public streets which are adjacent to or
located in a residential zone: (Ord. #5053 §1, 2001)
1.
Any trailer exceeding 24 feet in total length.
2.
Any trailer equipped with more than 4 tires (not including spare
tires).
3.
Any trailer equipped with more than 2 axles.
4.
Any trailer (or motor vehicle) which is attached to a motor vehicle
where the combined length is greater than 46 feet.
B.
Oversized Vehicle Parking. On public streets which are adjacent to or
located in a residential zone, each and all of the following trailers and
motor vehicles are ONLY permitted to park in spaces which are
immediately and completely adjacent to property which is owned or rented
by the owner or operator of the trailer or motor vehicle (or with the written
permission of the property owner or renter) AND which spaces are not
closer than 30 feet from the driveway of an adjacent property:
(Ord. #5053 §1, 2001)
1.
Any motor vehicle exceeding 22 feet in total length.
2.
Any motor vehicle equipped with more than 2 axles
3.
Any motor vehicle equipped with more than 6 tires.
4.
Any trailer which is 24 feet or less in total length.
5.
Any trailer (or motor vehicle) which is attached to a motor vehicle
where the combined length is 46 feet or less.
C.
Bicycle Lanes. A motor vehicle or trailer may not be parked in such a
manner that portions of the motor vehicle or trailer extend into a lane
which has been striped for bicycle traffic. (Ord. #5053 §1, 2001)
D.
Loading and Unloading. The prohibitions and restrictions noted in
6.03.500 do not apply to general loading or unloading for a period not to
exceed 15 minutes and for residential moving vans which are loading or
unloading for a period not to exceed 8 hours. (Ord. #5053 §1, 2001)
E.
Hawthorne Street Exemption. Between the hours of 6:30 p.m. to
6:30 a.m., the prohibitions and restrictions noted in 6.03.500 do not apply
to the east side of Hawthorne Street from the southern edge of Gilbert
Creek Park to a point 375 feet north of the northern edge of Gilbert Creek
Park. (Ord. #5053 §1, 2001)
Chapter 6.04.030 and 6.04.040 have been amended by Ord. 5278, 2005.
Chapter 6.04
RESTRICTED PARKING
Sections:
6.04.010
Parking in Fifteen Minute Parking Spaces.
6.04.020
Parking in Thirty Minute Parking Spaces.
6.04.030
Parking in Two Hour Parking Spaces.
6.04.040
Parking in Three Hour Parking Lots.
6.04.050
Alley Parking - Time Limitations.
6.04.060
Method of Parking.
6.04.070
Prohibited Parking by Restricted Employee Parking District
Employees.
6.04.080
Reserved Parking Spaces.
6.04.090
Parking in a Long Term Parking Space. (Ord. 4792 §3., 4/20/94)
6.04.010 Parking in Fifteen Minute Parking Spaces.
It shall be unlawful to park any vehicle, or to permit a vehicle to remain parked, in
any Fifteen Minute Parking Space for a period longer than 15 minutes.
Additional violations occur for each and every 15 minute period.
6.04.020 Parking in Thirty Minute Parking Spaces.
It shall be unlawful to park any vehicle, or to permit a vehicle to remain parked, in
any Thirty Minute Parking Space for a period longer than 30 minutes. Additional
violations occur for each and every 30 minute period.
6.04.030 Parking in Two Hour Parking Spaces.
Between the hours of 8:00 a.m. and 5:00 p.m., and except on weekends and
holidays, it shall be unlawful to park any vehicle, or to permit a vehicle to remain
continuously parked, in any Two Hour Parking Space located within the Central
Business Parking District for a period longer than 2 hours. Additional violations
occur for each and every 2 hour period.
6.04.040 Parking in Three Hour Parking Lots and Designated On Street Parking
Spaces.
Between the hours of 8:00 a.m. and 5:00 p.m., and except on weekends and
holidays, it shall be unlawful to park any vehicle, or to permit a vehicle to remain
continuously parked, on any public street or in any public parking lot located
within the Restricted Employee Parking District for a period longer than 3 hours.
Additional violations occur for each and every 3 hour period.
6.04.050 Alley Parking - Time Limitations.
A.
Between the hours of 8:00 a.m. and 6:00 p.m., it shall be unlawful to park
any vehicle, or to permit a vehicle to remain parked, in any alley located in
the Restricted Employee Parking District for a period longer than 15
minutes. Said parking shall be for the sole purpose of the expeditious
loading or unloading of persons or materials. Additional violations occur
for each and every 15 minute period.
B.
Between the hours of 6:00 p.m. and 8:00 a.m. in the Restricted Employee
Parking District, and at all times in all other sections of the City, it shall be
unlawful to park any vehicle, or to permit a vehicle to remain parked, in
any alley for a period longer than 30 minutes. Said parking shall be for the
sole purpose of the expeditious loading or unloading of persons or
materials. Additional violations occur for each and every 30 minute
period.
6.04.060 Method of Parking.
Where parking space markings are placed on a street or public parking lot, no
person shall park a vehicle other than in the indicated direction and within a
single marked space, unless the vehicle is a recreation vehicle and the size or
shape of the vehicle makes compliance impossible.
6.04.070 Prohibited Parking by Restricted Employee Parking District Employees.
A.
Notwithstanding any other provision in this Code, except as provided in
Section B below, no Employee in the Restricted Employee Parking District
shall cause or allow any motor vehicle owned, operated, or controlled by
that Employee to be parked in the Central Business Parking District,
between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday.
(Ord. 4969 §1, 1999)
B.
This section shall not apply to: (Ord. 4969 §1, 1999)
1.
Holidays.
2.
Commercial vehicles which comply with Chapter 6.30.
3.
Temporary loading and unloading of any vehicle for a period not to
exceed 15 minutes.
4.
Employee vehicles displaying a current City issued Long Term
Parking Permit, while said vehicle is parked in a properly
designated Long Term Parking Space. (Ord. 4792 §2, 1994;
Ord. 4969 §1, 1999)
6.04.080 Reserved Parking Spaces.
No person other than the applicant (noted in Chapter 6.30), or a person with the
consent of the applicant, shall park a vehicle in a Reserved Parking Zone
between the hours of 8:00 a.m. to 5:00 p.m. (Ord. 4969 §1, 1999)
6.04.090 Parking in a Long Term Parking Space.
A.
Between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, it
shall be unlawful for a vehicle to be parked in a designated Long Term
Parking Space without a current Long Term Parking Permit displayed on
the windshield or dashboard.
B.
The City Manager or designee shall offer Long Term Parking Permits to
employees and businesses in the Restricted Employee Parking District.
The permits shall be as determined by the City Manager subject to the
following restrictions:
1.
Permits may not exceed one year in length.
2.
A permit shall not cost more than $10 per month.
Chapter 6.05.030 has been amended by Ord. 5278, 2005.
Chapter 6.05
PARKING SIGNS
Sections:
6.05.010 Signs for Fifteen Minute Parking Spaces.
6.05.020 Signs for Thirty Minute Parking Spaces.
6.05.030 Signs for Two Hour Parking Spaces.
6.05.040 Signs for Three Hour Parking Lots.
6.05.050 Signs for Alley Parking.
6.05.060 Signs for Reserved Parking Spaces.
6.05.070 Additional Signage.
6.05.010 Signs for Fifteen Minute Parking Spaces.
Fifteen Minute Parking Spaces shall be individually signed or bounded by signs
stating in substance the following information:
15 MIN. PARKING
FINE FOR EVERY VIOLATION
6.05.020 Signs for Thirty Minute Parking Spaces.
Thirty Minute Parking Spaces shall be individually signed or bounded by sings
stating in substance the following information:
30 MIN. PARKING
FINE FOR EVERY VIOLATION
6.05.030 Signs for Three Hour Parking Spaces on Public Streets.
In the Central Business Parking District where general public parking is restricted
to 3 hours on the street, the City Manager shall post or maintain not less than 2
signs on each side of the street of every block so restricted stating in substance
the following information:
WELCOME TO DOWNTOWN GRANTS PASS
3 HR. PARKING IN THIS BLOCK
8 AM - 5 PM
NO EMPLOYEE PARKING
EMPLOYEES - $25 FINE
6.05.040 Signs for Three Hour Parking Lots.
In the Restricted Employee Parking District where general public parking is
restricted to 3 hours in a public parking lot, the City Manager shall post or
maintain not less than 4 signs in each lot stating in substance the following
information:
WELCOME TO DOWNTOWN GRANTS PASS
3 HR. PARKING IN THIS LOT
8 AM - 5 PM
NO EMPLOYEE PARKING
EMPLOYEES - $25 FINE
6.05.050 Signs for Alley Parking.
A.
In the alleys located in the Restricted Employee Parking District where
parking is restricted to 15 minutes and 30 minutes, the City Manager shall
post or maintain not less than 2 signs in alley, one in each direction stating
in substance the following information:
15 MIN. ALLEY PARKING
DAYTIME - 8 AM - 6 PM
30 MIN. ALLEY PARKING
EVENINGS - 6 PM - 8 AM
FOR LOADING AND UNLOADING ONLY
$25 FINE FOR EVERY VIOLATION
B.
Alleys located outside the Restricted Employee Parking District shall be
subject to the requirements of the GPUTC regardless of whether the alley
contains signs listing the restrictions.
6.05.060 Signs for Reserved Parking Spaces.
Reserved Parking Spaces, as provided in Chapter 6.30, shall be individually
signed stating in substance the following information:
RESERVED PARKING
$25 FINE
6.05.070 Additional Signage.
The City Manager may install additional signs and may add any other information
to any sign which is informative and convenient to the public concerning the
provisions of the GPUTC.
Chapter 6.06
PARKING VIOLATIONS, PROCEDURES, AND CITATIONS
Sections:
6.06.010 Violations - Mechanical Defect Exemption.
6.06.020 Persons Responsible for Violations - Liability.
6.06.030 Violations - Procedures.
6.06.040 Citation - Placement.
6.06.050 Notice of Violation - Format.
6.06.010 Violations - Mechanical Defect Exemption.
An unintentional violation of a provision of the GPUTC by reason of a mechanical
failure of a vehicle is not an offense within the meaning of the GPUTC if the
owner or operator immediately notifies the Public Safety Department of the
mechanical failure and if the vehicle is removed within 24 hours.
6.06.020 Persons Responsible for Violations - Liability.
The following persons are jointly and severally responsible for a parking violation
penalty provided in the GPUTC, including fines, delinquent fees, and collection
fees:
A.
A person operating the vehicle at the time it was parked in violation of law.
B.
A person who was the registered owner of the vehicle at the time it was
found parked in violation of law.
C.
A person who was the owner of the vehicle at the time it was found parked
in violation of law but who had not registered the vehicle in his or her
name prior to the time of the violation.
6.06.030 Violations - Procedures.
A.
PLACE OF PAYMENT: Any person, accused by the aforesaid placement
or delivery of a Notice of Violation for a violation of the GPUTC, may settle
the claim with the City by enclosing an amount equal to the fine and
applicable delinquent charges and collection fee in the Notice of Violation
envelope and either depositing the envelope in the mail with the proper
postage or delivering the envelope to the Finance Office at the City
Municipal Building.
B.
COLLECTION AGENCIES: The obligation of a person to pay the fine,
delinquent charge, and collection fee may be assigned by the City, acting
by and through the City Manager, or the Manager's designate, to a
commercial collection agency or agencies as designated by the City
Manager. The collection agency shall be responsible for collecting the
obligation and in doing so may bring any civil action against the person.
Payment to the City of any amount of the obligation collected shall be
pursuant to contractual arrangement of the City Manager on behalf of the
City and the collection agency.
C.
FILING OF CIVIL ACTION: Upon the request of the City Manager, the
City Attorney is authorized to file a civil complaint and to pursue a civil
action against a person for a violation of the GPUTC, or for failure or
refusal to pay a fine, delinquent charges, or collection fees as set forth in
the GPUTC.
6.06.040 Citation - Placement.
Whenever a vehicle is found parked in violation of a restriction imposed by the
GPUTC, the Public Safety Officer or Code Enforcement Officer finding the
vehicle shall conspicuously affix to the vehicle or deliver to the owner of the
vehicle a Citation in the form of a Notice of Violation.
6.06.050 Notice of Violation - Format.
The Notice of Violation shall substantially conform in content to the following
format:
NOTICE OF VIOLATION
VEHICLE LICENSE NUMBER (or other identifying information):
DATE OF VIOLATION:
LOCATION OF VIOLATION IN GRANTS PASS, OREGON [Street(s) at or near]:
OFFICER ISSUING THIS CITATION:
VIOLATION:
2 HOUR STREET PARKING, OVERTIME - $ 2 FINE
3 HOUR LOT PARKING, OVERTIME - $ 5 FINE
OTHER - $ 5 FINE
OTHER - $ 25 FINE
WARNING POTENTIAL FINE - $
You may settle this claim with the City by enclosing an amount equal to the fine and
applicable delinquent charges and collection fee in the Notice of Violation envelope and
either depositing the envelope in the mail with the proper postage or delivering the
envelope to the Finance Office at the City Municipal Building.
(Paragraph deleted by Ord. 5211, 2004)
If you do not pay the fine, (or if you request), a civil complaint alleging the violation may
be filed in the District Court of the State of Oregon for Josephine County which would
require you to answer said complaint and appear at a court hearing which would be set
thereafter, or if you did not answer, a default could be entered against you.
FAILURE TO PAY THE FINE WITHIN 3 DAYS WILL RESULT IN ADDITIONAL
DELINQUENT CHARGES OF $1 PER DAY FOR UP TO 10 DAYS AND AN
ADDITIONAL COLLECTION FEE OF $10 ASSESSED ON THE 13TH DAY AFTER
THE VIOLATION. PAYMENT MUST INCLUDE THE FINE AND APPLICABLE
DELINQUENT CHARGES AND COLLECTION FEE.
FAILURE TO PAY THE FINE AND APPLICABLE DELINQUENT CHARGES AND
COLLECTION FEE FOR A VIOLATION WHICH IS NOT CURRENTLY ON APPEAL
AND UNDER REVIEW OR SET FOR A HEARING, MAY RESULT IN A WHEEL
LOCKING DEVICE BEING PLACED ON YOUR VEHICLE WHICH WILL DISABLE THE
VEHICLE.
Chapter 6.07
PENALTIES
Sections:
6.07.010 Civil Penalty.
6.07.060 Delinquent Charges.
6.07.070 Collection Fee.
6.07.080 Non-Payment of Penalties - Wheel Locking Device.
6.07.010 Civil Penalty.
Any fine, delinquent charge, or collection fee due the City pursuant to this
Chapter is a civil penalty, and except as noted in the Impoundment provisions of
Chapter 6.24 and the Wheel Lock Device provisions of 6.07.060, payment of the
same shall be the only penalty imposed pursuant to this ordinance for a violation
of the GPUTC. No imprisonment shall result from any failure to pay the fine,
delinquent charges, or collection fees, or any part thereof, however, this does not
limit the power of a court to impose a penalty as provided by law for contempt of
court.
A violation of Chapter 6.03 Parking Regulations, Section 6.04.050 Alley Parking,
Section 6.04.070 Prohibited Parking by Restricted Employee Parking District
Employees, Section 6.04.080 Reserved Parking Spaces, or 6.04.090 Parking in
a Long Term Parking Space shall result in a fine in the amount of $25 which shall
be paid within 3 days of the date the Notice of Violation is issued.
A violation of Section 6.04.030, Parking in Two Hour Parking Spaces, shall result
in a fine in the amount of $2 which shall be paid within 3 days of the date the
Notice of Violation is issued.
A violation of Section 6.04.010, Parking in Fifteen Minute Parking Spaces,
Section 6.04.020, Parking in Thirty Minute Parking Spaces, Section 6.04.040,
Parking in Three Hour Parking Lots, or Section 6.04.060, Method of Parking,
shall result in a fine in the amount of $5 which shall be paid within 3 days of the
date the Notice of Violation is issued.
A violation of the GPUTC for which a specific penalty is not provided shall result
in a fine in the amount of $25 which shall be paid within 3 days of the date the
Notice of Violation is issued.
6.07.060 Delinquent Charges.
After the initial 3 day period following the issuance of a Notice of Violation, a
delinquent charge of $1 shall be added to the initial fine, for each day which
passes prior to payment, with a maximum delinquent charge of $10, the same
accruing on the 13th day after the date the Notice of Violation is issued.
6.07.070 Collection Fee.
If the fine and delinquent charges are not paid within 13 days of the date the
Notice of Violation is issued, there shall be added thereto a $10 collection fee
due and owing the City as a further penalty. The total maximum amount of
delinquent charges and collection fee is $20 per violation.
6.07.080 Non-Payment of Penalties - Wheel Locking Device.
When the total of all unpaid fines, delinquent charges, and collection fees
amounts to $100 or more, which fines, delinquent charges, and collection fees
are attributable to the parking violations of a single vehicle, Public Safety Officers
are authorized to place on said vehicle (when it is discovered parked inside the
City), a wheel locking device to disable the vehicle. Damage to any wheel
locking device is unlawful and shall be punishable as Criminal Mischief in the
Second Degree under the laws of the State of Oregon. A wheel locking device
shall not be placed on a vehicle unless a notice is mailed to the address of the
registered owner of the vehicle advising the owner of the unpaid fines and
delinquent charges, together with a copy of Chapter 6.07 of the GPUTC, no less
than 7 days prior to the placement of the wheel locking device. Receipt of the
notice is not required.
Chapter 6.20
BICYCLE OPERATION
Sections:
6.20.010 Effect of Provisions.
6.20.020 Parental Responsibility for Minors.
6.20.030 Bicycle Operating Rules.
6.20.040 Riding on Sidewalks.
6.20.045 Permits.
6.20.050 Equipment Requirements for Rental Agencies.
6.20.060 Riding on Bicycles.
6.20.070 Riding on Streets and Bicycle Paths.
6.20.080 Speed.
6.20.090 Carrying Articles.
6.20.100 Impounding of Bicycles.
6.20.010 Effect of Provisions.
Except when a bicycle is being operated by a member of the Department of
Public Safety in furtherance of their official duties or as otherwise provided in this
chapter, every person riding or operating a bicycle upon any street or other public
place shall be subject to all the provisions of this chapter and the laws of the
state applicable to the drivers of vehicles, except those provisions which by their
very nature can have no application. (Ord. 4350 §2, 1980; Ord. 4651 §1, 1989)
6.20.020 Parental Responsibility for Minors.
No parent of any minor child and no guardian of any minor ward shall authorize
or knowingly permit any such minor child or ward to violate any of the provisions
of this chapter. (Ord. 4350 §1, 1980)
6.20.030 Bicycle Operating Rules.
In addition to observing all other applicable provisions of this article and state law
pertaining to bicycles, a person shall not leave a bicycle, except in a bicycle rack.
If no rack is provided, the person shall leave the bicycle so as not to obstruct any
roadway, sidewalk, driveway or building entrance. A person shall not leave a
bicycle in violation of the provisions of this article relating to the parking of motor
vehicles. (Ord. 4350 §4, 1980)
6.20.040 Riding on Sidewalks.
A.
No person shall ride or operate a bicycle, skateboard, rollerskates or
rollerblades upon a sidewalk adjacent to 6th Street and 7th Street, bounded
on the north by "A" Street, and bounded on the south by "M" Street.
(Ord. 4773 §1, 1993)
B.
No person shall ride or operate a bicycle, skateboard, rollerskates or
rollerblades upon a sidewalk adjacent to "G" Street, bounded on the west
by 4th Street, and bounded on the east by 7th Street.
(Ord. 4773 §1, 1993)
C.
Any person riding a bicycle, skateboard, rollerskates or rollerblades upon
any other sidewalk shall yield the right-of-way to any pedestrian and shall
give an audible signal before overtaking and passing such pedestrian.
(Ord. 4350 §4, 1980; Ord. 4581 §1, 1986; Ord. 4773 §1, 1993)
6.20.045 Permits.
A permit may be issued by the City Manager, that allows a bicyclist to operate on
the sidewalk area as set out in 6.20.040. Permits shall only be issued to such
businesses that require bicycles to operate on sidewalks and such operation of a
bicyclist is a necessary part of the business operation. A business must be that
as defined by Chapter 4.04.020(A).
A permit is hereby authorized and the fees for the cost of such permit may be set
by resolution. (Ord. 4581 §2, 1986)
6.20.050 Equipment Requirements for Rental Agencies.
A rental agency shall not rent or offer any bicycle for rent unless the bicycle is
equipped with all equipment required by the Motor Vehicle Laws of Oregon and
this chapter. (Ord. 4350 §5, 1980)
6.20.060 Riding on Bicycles.
A.
A person propelling a bicycle shall not ride other than with his feet on the
pedals and facing the front of the bicycle.
B.
No bicycle shall be used to carry more persons at one time than the
number for which it is designed and equipped. (Ord. 4350 §5, 1980)
6.20.070 Riding on Streets and Bicycle Paths.
A.
Every person operating a bicycle upon a street or other public place shall
ride as near to the right-hand side of the street as practicable, exercising
due care when passing a pedestrian or a standing vehicle or one
proceeding in the same direction.
B.
Persons riding bicycles upon a street or other public place shall not ride
more than two abreast. (Ord. 4350 §5, 1980)
6.20.080 Speed.
No person shall operate a bicycle at a speed greater than is reasonable and
prudent under the conditions then existing. (Ord. 4350 §5, 1980)
6.20.090 Carrying Articles.
No person operating a bicycle shall carry any package, bundle, or article which
prevents the rider from keeping at least one hand upon the handle bars and in
full control of such bicycle. (Ord. 4350 §5, 1980)
6.20.100 Impounding of Bicycles.
A.
No person shall leave a bicycle on public or private property without the
consent of the person in charge or the owner thereof.
B.
A bicycle left on public property for a period in excess of 24 hours may be
impounded by the Public Safety Department. (Ord. 4651 §2, 1989)
C.
In addition to any citation issued, a bicycle parked in violation of this
chapter may be immediately impounded by the Public Safety Department.
(Ord. 4651 §2, 1989)
D.
If a bicycle impounded under this chapter is licensed, or other means of
determining its ownership exist, the police shall make reasonable efforts to
notify the owner. No impounding fee shall be charged to the owner of a
stolen bicycle which has been impounded.
E.
A bicycle impounded under this chapter which remains unclaimed shall be
disposed of in accordance with the City's procedures for disposal of
abandoned or lost personal property.
F.
Except as provided in subsection D of this section, a fee of $2 shall be
charged to the owner of a bicycle impounded under this section.
G.
Bicycles which require to be licensed, pursuant to this chapter, shall not
be released from impoundment until such license is first obtained by the
owner of the bicycle or his representative. (Ord. 4350 §5, 1980)
Chapter 6.22
BICYCLE LICENSES
Sections:
6.22.010 Bicycle Licenses--General Requirements.
6.22.020 Renting of Bicycles--License and Equipment Requirements.
6.22.030 Report of Second Hand Bicycle Sales.
6.22.040 Report of Transfer of Ownership.
6.22.010 Bicycle Licenses--General Requirements.
No person shall operate a bicycle upon the streets which has not been licensed,
as set forth below:
A.
A number shall be assigned to each bicycle by the Public Safety Director,
or other official as directed by him, and a record of the license issued shall
be maintained as part of the police records. The name of the City and
license number assigned shall be affixed to the frame of the bicycle.
(Ord. 4651 §3, 1989)
B.
The Public Safety Director, or other official directed by him, shall issue
licenses and obtain the name and address of each person purchasing a
license and record the make, model and serial number (if any) of the
bicycle. (Ord. 4651 §3, 1989)
C.
A person buying or otherwise obtaining a bicycle shall obtain a license
from the Public Safety Director, or other official directed by him.
(Ord. 4651 §3, 1989)
D.
Bicycle licenses shall be renewed on December 31st of each even
numbered year.
E.
The fee for a bicycle license shall be fifty cents.
F.
All license fees collected shall be paid over to the general fund.
G.
A bicycle, whether or not licensed under the regulations of any other
governmental unit, if brought into this City, shall be licensed in accordance
with this chapter within 30 days.
H.
No bicycle shall be licensed which is not equipped in accordance with the
Oregon Revised Statutes. (Ord. 4350 §7, 1980)
6.22.020 Renting of Bicycles--License and Equipment Requirements.
No person shall rent to another a bicycle not licensed and equipped as required
by this article. (Ord. 4350 §8, 1980)
6.22.030 Report of Second Hand Bicycle Sales.
A person engaged in the business of buying second hand bicycles shall report
the purchase to the Public Safety Department giving the name and address of
the person from whom each bicycle was purchased, the description of each
bicycle purchased, the frame number thereof, and the number of any bicycle
license found thereon, if any. A person engaged in the business of selling new or
second hand bicycles shall report all bicycle sales to the Public Safety
Department giving the name and address of each buyer, the kind of bicycle sold,
together with a description and frame number thereof, and the number of any
bicycle license attached thereto, if any. Such reports shall be made within
twenty-four hours from the date of such sale. (Ord. 4350 §9, 1980;
Ord. 4651 §2, 1989)
6.22.040 Report of Transfer of Ownership.
A person who sells or transfers ownership of any bicycle shall report such sale or
transfer by returning to the Public Safety Department the registration card issued
to such person as licensee thereof, together with the name and address of the
person to whom the bicycle was sold or transferred, and such report shall be
made within five days of the date of such sale or transfer. It shall be the duty of
the purchaser or transferee of such bicycle to apply for a transfer of registration
thereof within five days of such sale or transfer. (Ord. 4350 §10, 1980;
Ord. 4651 §2, 1989)
Chapter 6.24
IMPOUNDMENT OF VEHICLES
(Ord. 4914 §1, 1997)
Sections:
6.24.100
Definitions.
6.24.110
Impound Authority -Driving Uninsured.
6.24.115
Impound Authority - Driving While Suspended or Driving While
Revoked. (Ord. 4989 §1, 1999)
6.24.116
Impound Authority - Driving Under the Influence of Intoxicants.
6.24.120
Notice Requirement.
6.24.123
Release procedure.
6.24.125
Release procedure -Multiple Violations.
6.24.130
Hearing Procedures. (Ord. 5110 §1, 2002)
6.24.140
Disposition of Unclaimed Vehicles.
6.24.150
Persons Authorized to Enforce.
6.24.160
Inventory.
6.24.100 Definitions for Impoundment of Vehicles for Driving Uninsured and Driving
While Suspended.
Any term used in Sections 6.24.100 through 6.24.199 which is defined in the
Oregon Revised Statutes (Oregon Vehicle Code) Chapters 801 through 826 shall
have the meaning set forth therein. (Ord. 4914 §1, 1997)
6.24.110 Impound Authority -Driving Uninsured.
Any police officer who cites an individual for driving while uninsured in violation of
ORS 806.010, when the individual has received a previous warning or citation
within the preceding 12 months for driving while uninsured or driving while
suspended, shall order the vehicle impounded until released as set forth herein.
(Ord. 4914 §1, 1997)
6.24.115
Impound Authority -Driving While Suspended or Driving While Revoked.
(Ord. 4914 §1, 1997; Ord. 4989 §1, 1999, Ord. 5239, 2004)
Any police officer, who cites or arrests an individual for driving while suspended
(or driving while revoked) shall order the vehicle impounded (until released as set
forth herein) if one or more of the following circumstances are applicable:
A. the citation or arrest carries a potential penalty of imprisonment under the
laws of the State of Oregon, or
B. the individual has been previously convicted of driving while suspended (or
driving while revoked) 2 or more times within the previous 12 months,
regardless of whether said convictions carried a potential imprisonment under
the laws of the State of Oregon or of any other state, or
C. the individual has been previously convicted of driving while suspended (or
driving while revoked) at least once during the previous 12 months and has
been arrested or cited for driving while suspended (or driving while revoked)
an additional 3 or more times within the same previous 12 month period,
regardless of whether said conviction or arrests carried a potential
imprisonment under the laws of the State of Oregon or of any other state.
6.24.116 Impound Authority -Driving Under the Influence of Intoxicants.
Any police officer who cites or arrests an individual for Driving Under the
Influence of Intoxicants in violation of ORS 813.010, shall order the vehicle
impounded until released as set forth herein. (Ord. 4914 §1, 1997)
6.24.120 Notice Requirement.
A. When a police officer orders a vehicle impounded pursuant to
Sections 6.24.100 through 6.24.199 shall cause a notice to be sent to the
registered owner and to any persons holding a security interest in the vehicle
as shown by the records of the Oregon Department of Transportation. (Ord.
4914 §1, 1997)
B. The notice shall be sent by certified or registered mail within 2 days of the
impoundment, not including Saturdays, Sundays, and holidays.
C. The notice shall indicate:
1. Vehicle identification information.
2. The vehicle has been taken into custody under the authority of the City
and has been impounded, together with the name and employer of the
Officer ordering the impound and the reasons thereof.
3. The location of the vehicle including a name, address, and telephone
number of the business storing the impounded vehicle.
4. The vehicle is subject to impound, towing, and storage charges.
5. The vehicle and its contents are subject to a lien for payment of the
impound, towing, and storage charges, and that the vehicle and its
contents are subject to sale to recover the charges if not paid.
6. The registered owner or person having a security interest in the vehicle is
entitled to a hearing to contest the validity of the impoundment and to
contest the reasonableness of the charges for impounding, towing, and
storage.
7. The date within which a request for hearing must be received by the City
and the method for requesting the hearing.
8. The vehicle and its contents may be released in the manner described in
Sections 6.24.100 through 6.24.199.
6.24.123 Release Procedure.
Subject to the requirements of Section 6.24.125, unless the vehicle is being
otherwise held as evidence of a crime, a vehicle impounded under Sections
6.24.110, 6.24.115, or 6.24.116 shall be released to the registered owner or a
person having a security interest in the vehicle provided the following conditions
are met:
A.
Proof of compliance with the financial responsibility laws of the State of
Oregon; and
B.
Payment to City of an impound fee of $25, and payment of all towing and
storage charges.
C.
(If release is to a person having a security interest) a written request
stating the release of the vehicle is being requested for the purpose of
satisfying a security interest and a statement from the registered owner
authorizing release to the person.
6.24.125 Release Procedure -Multiple Violations.
If under Sections 6.24.110, 6.24.115, or 6.24.116 the vehicle has been
impounded within the previous 12 months or the driver of the vehicle has had a
different vehicle impounded within the previous 12 months, the vehicle shall be
impounded for a period not less than 30 days prior to release.
6.24.130 Hearing Procedures.
A.
The registered owner or person having a security interest in the vehicle is
entitled to a hearing to contest the validity of the impoundment and to
contest the reasonableness of the charges for impounding, towing, and
storage. The request must be made in writing and delivered to the City
Manager within 7 calendar days of the mailing of the date the notice of
impound was mailed, excluding Saturdays, Sundays, and holidays.
B.
Upon receiving a timely request, the City shall schedule a hearing to be
conducted by the City Manager or a designee acting as the hearings
officer. If the vehicle is still impounded 7 days after the initial tow, the
hearing shall be set for a date not later than 11 days after the tow or 4
days after the request is received, whichever is later. If the vehicle is not
impounded at the time the request is received, the hearing shall be
scheduled within 14 days of the date the request is received. Saturdays,
Sundays and holidays shall not be counted in determining the date of a
hearing. The hearing may be postponed with the consent of the person
requesting the hearing. (Ord. 5110 §1, 2002)
C.
At the hearing the Public Safety Department shall have the burden of
proving by a preponderance of evidence that at the time of the tow there
were reasonable grounds to believe the vehicle was subject to a lawful
tow and impound as set forth in this Chapter. The police officer who
ordered the vehicle impounded may submit an affidavit to the hearings
officer in lieu of making a personal appearance at the hearing.
(Ord. 5110 §1, 2002)
D.
If the hearings officer finds the impoundment of the vehicle was proper, an
order shall be entered supporting the impoundment and that the owner or
person having a security interest are liable for impounding, towing, and
storage charges. If the hearings officer finds the impoundment of the
vehicle was not supported by the evidence, an order shall be entered
requiring the City to pay any towing and storage charges and releasing the
vehicle, or if the vehicle was impounded by another law enforcement
agency, requiring payment by said agency.
6.24.140 Disposition of Unclaimed Vehicles.
A vehicle taken into custody under Sections 6.24.100 to 6.24.199 which is not
reclaimed within 45 days after it is taken into custody, may be disposed of
according to the laws of the State of Oregon. The person or persons towing and
storing said vehicle shall have a lien on said vehicle. Any person disposing of
said vehicle shall first pay to the City the $25 impound fee noted in this Chapter.
6.24.150 Persons Authorized to Enforce.
In addition to City police officers, any law enforcement officer who is authorized
to enforce the motor vehicle laws of the State of Oregon is authorized to impound
vehicles under this ordinance so long as Sections 6.24.100 through 6.24.199 is
complied within all other respects.
6.24.160 Inventory.
Any police officer who orders a vehicle to be impounded pursuant to Sections
6.24.100 through 6.24.199 shall cause an inventory to be conducted of the
vehicle prior to authorizing removal of the vehicle for towing and storage. Copies
of a list of inventory items which are each over $25 in value shall be left in the
vehicle and retained by the officer ordering the impound.
II. STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 6.30
RESERVED PARKING ZONES
(Ord. 4614 §2, 1988; Ord. 4969 §1, 1999)
Sections:
6.30.010
Reserved Parking Zone--Defined.
6.30.020
Reserved Parking Zone--Permit Requirement.
6.30.025
Reserved Parking Zone B Criteria for Approval.
(Ord. 4969 §1, 1999)
6.30.030
Reserved Parking Zone--Designated--Fee.
6.30.040
Reserved Parking Zone--Fee--Exemptions.
6.30.050
Reserved Parking Zone--Permit Revocation.
6.30.060
Violation--Penalty.
6.30.010 Reserved Parking Zone--Defined.
The term "reserved parking zone" as used in this chapter means a zone
designated and established for commercial purposes as defined in 6.04.080,
which states, “No person other than the applicant (noted in Chapter 6.30), or a
person with the consent of the applicant, shall park a vehicle in a Reserved
Parking Zone between the hours of 8:00 a.m. to 5:00 p.m.” (Ord. 3715 §2, 1970;
Ord. 4614 §2, 1988; Ord. 4969 §1, 1999)
6.30.020 Reserved Parking Zone--Permit Requirement.
Any person, firm or corporation desiring the designation of a reserved parking
zone for motor vehicles shall apply to the City Manager on a specified application
form for a permit for such zone. The City Manager may delegate authorizing the
processing of permit applications. The City Manager shall either approve,
conditionally approve, or deny the application. The applicant shall demonstrate a
need for such space by: (Ord. 4969 §1, 1999)
A.
Consideration of applicant's need for such space in relation to other
businesses in the immediate vicinity.
B.
Demonstration of a need for a Reserved Parking Zone for the exclusive
use of vehicles for commercial purposes which are essential for the
business operation of the applicant, for the delivery and receipt of
products in a retail nature on an on-going, daily basis.
(Ord. 4969 §1, 1999)
C.
Consideration for the number of spaces in the immediate vicinity already
committed to special use.
6.30.025 Reserved Parking Zone B Criteria for Approval. (Ord. 4969 §1, 1999)
At the discretion of the City Manager, the manager may approve, conditionally
approve or deny the request based on the following criteria:
(Ord. 4969 §1, 1999)
A.
Request must comply with Chapter 6.30. (Ord. 4969 §1, 1999)
B.
Applicant must demonstrate: (Ord. 4969 §1, 1999)
1.
Receipt and delivery of multiple or bulky items on an on-going, daily
basis; (Ord. 4969 §1, 1999)
2.
Commercial vehicles, delivery vehicles, or other designated
vehicles that will utilize the area; (Ord. 4969 §1, 1999)
3.
Applicant business has no other reasonable access on street,
through a parking lot, alley, etc. to conduct receipt/delivery.
(Ord. 4969 §1, 1999)
4.
Proposed zone would have no adverse impacts on neighboring
businesses, pedestrian or vehicular traffic or public safety.
(Ord. 4969 §1, 1999)
The City Manager may also take into consideration the public convenience and
necessity in the decision to approve or deny any application. A permit is not
transferable. (Ord. 4969 §1, 1999)
If a request is approved, the location of the zone is at the sole direction of the
City Manager. (Ord. 4969 §1, 1999)
No zone will be created on 6th Street between “D” and “J” Streets. No more than
one reserved parking zone will be created per side of block without review by the
Council. No zone will be created on “G” Street between Fourth and Seventh
Streets. No zone will be created on Fourth Street between “C” and “J” Streets.
Ord. 3715 §1, 1970; Ord. 4969 §1, 1999)
Uses which are deemed non-conforming to the provisions noted herein will not
be allowed after June 30, 1999. (Ord. 4969 §1, 1999)
6.30.030 Reserved Parking Zone--Designated--Fee.
When the City Manager shall approve an area for a reserved parking zone, street
curbing adjacent to the zone shall be painted a traffic yellow color to designate
the space. Each applicant shall pay a fee to be set by resolution for a reserved
parking space not exceeding twenty-two lineal feet and under, and an additional
fee to be set by resolution for each additional twenty-two lineal feet of such zone
space, or portion thereof. This fee shall be paid annually from a period beginning
July 1 of each year. When the zone is first designated, a pro-rated fee shall be
paid. (Ord. 3715 §3, 1970; Ord. 4473 §2, 1983)
6.30.040 Reserved Parking Zone--Fee--Exemptions.
The fees provided in Section 6.30.030 are not required of government agencies
or churches. (Ord. 3715 §4, 1970)
6.30.050 Reserved Parking Zone--Permit Revocation.
The permission for the creation and establishment of a reserved parking zone
and the right to use and occupy it shall be subject to the absolute right of the City
Manager to revoke the permit for such zone when in his judgment the public
convenience necessitates revocation or when said permit is no longer essential
for the business operation of the permit holder. Not less than 5 days' notice shall
be given of the termination of the zone. (Ord. 3715 §5, 1970)
6.30.060 Violation--Penalty.
Any person, firm or corporation violating any of the terms and provisions of this
chapter, upon conviction thereof, shall be punished by a fine not to exceed $25.
(Ord. 3715 §6, 1970)
Chapter 6.34
SIDEWALKS
Sections:
6.34.010 Definitions.
6.34.020 Permit--Requirement.
6.34.030 Permit--Application.
6.34.040 Permit--Issuance.
6.34.050 Permit--Contents.
6.34.060 Supervision.
6.34.070 Standards and Specifications.
6.34.080 Required Sidewalk or Driveway Repairs--Notice to Property Owner.
6.34.090 City May Make Repairs.
6.34.100 Cost of Repair--A Lien--Foreclosure.
6.34.110 Prohibited Projections in Public Way.
6.34.010 Definitions.
For the purposes of this chapter, unless the context requires otherwise, the
following words shall have the meanings set forth below:
A.
"City Manager" means the City Manager or person authorized by the City
Manager.
B.
"Driveway" means that part of the street right-of-way between curb lines or
the lateral lines of a roadway and the adjacent property lines that provides
for controlled access of vehicles to property abutting the public right-ofway. The movement of vehicles over this controlled access is at
approximate right angle to the public right-of-way boundary.
C.
"Person" means a natural person, firm, corporation, or other legal entity.
D.
"Sidewalk" means the part of the street right-of-way between the curb
lines or the lateral lines of a roadway and the adjacent property lines that
is intended for the use of pedestrians. (Ord. 3713 §1, 1970)
6.34.020 Permit--Requirement.
A.
No person may construct, repair, or alter a sidewalk or driveway without
first applying for a permit with the City Manager.
B.
Construction, repair, or alteration of a sidewalk or driveway shall conform
to the provisions and requirements of this chapter and to the general
standards and specifications established by resolution of the common
council as provided by Section 6.32.070. (Ord. 3713 §2, 1970)
6.34.030 Permit--Application.
A person shall file his application for a permit to construct, repair, or alter a
sidewalk or driveway with the City Manager on forms provided by the City.
(Ord. 3713 §3(1), 1970)
6.34.040 Permit--Issuance.
If the proposed sidewalk or driveway improvement conforms to the applicable
standards and specifications, the City Manager shall issue a permit to the
applicant. (Ord. 3713 §3(2), 1970)
6.34.050 Permit--Contents.
The permit shall prescribe the type of repair permitted, the materials, and the
specifications to be used. If the City is requiring the repair of the sidewalk or
driveway, the permit shall state the date within which the repair shall be
completed. (Ord. 3713 §3(3), 1970)
6.34.060 Supervision.
The City Manager may inspect any materials and construction details as in his
judgment may be required to insure compliance with the permit and with
applicable standards and specifications. (Ord. 3713 §4, 1970)
6.34.070 Standards and Specifications.
The Council, by resolution or otherwise, shall adopt standards and specifications
for constructing, repairing, or altering a sidewalk or driveway, and such standards
and specifications shall be filed in the offices of the City Engineer and the City
Auditor for the use of the public. (Ord. 3713 §5, 1970)
6.34.080 Required Sidewalk or Driveway Repairs--Notice to Property Owner.
A.
When the City Manager determines that a sidewalk or driveway needs
repair, the City Manager shall issue a notice and prepare a certified copy
of the notice. The notice shall require the owner of the property adjacent
to the sidewalk or driveway needing repair to obtain a permit and to start
complete repair of the defective sidewalk or driveway within 30 days from
the date of the service of notice, and to complete the repair within 60 days
from the date of service of the notice. Such 30 and 60 day requirement
may be extended in writing by the City Manager. The notice shall also
state that in the event the repairs or alterations are not made by the owner
within the time limit stated, the City may repair or alter the sidewalk or
driveway, and the cost and expenses of the repair or alteration will
become a lien on the lot and premises of the owner.
B.
The City Manager shall cause a certified copy of the notice to be served
personally upon the owner of the property adjacent to the defective
sidewalk or driveway, or the notice may be served by registered or
certified mail, return receipt requested and returned. If, after diligent
search, the owner cannot be identified or located, or if the aforementioned
notice sent by registered or certified mail is refused, then in that case the
City Manager shall cause a certified copy of the notice to be posted in a
conspicuous place on the property and such posting of notice shall have
the same effect as service of notice as indicated above.
C.
Immediately after making service of the notice to repair, the person
making such service shall make a written return or certificate of service,
noting time, place and manner of service of notice. The original notice
and the return or certificate of service shall be kept on file as a permanent
record of the City. (Ord. 3713 §6, 1970; Ord. 4429 §1, 1981)
6.34.090 City May Make Repairs.
A.
If repair or alteration of the sidewalk or driveway is not completed within
60 days after the date of service of the notice to repair or alter, or within a
permitted extension thereof, the City Manager may have the sidewalk or
driveway repaired or altered or the work completed at a reasonable cost.
B.
The City's reasonable cost shall include a sum of not to exceed 15% for
engineering and administration in connection with the alteration of repairs.
C.
When the statement of cost of the repair or alteration has been prepared,
a copy of the statement with a request for payment shall be mailed to the
owner. The mailing of such statement is not a condition to liability of the
owner of the placing or a lien upon the property by the City.
(Ord. 3713 §7, 1970; Ord. 4429 §2, 1981)
6.34.100 Cost of Repair--A Lien--Foreclosure.
After entry in the Lien Docket, the City has a lien which is due and payable. The
lien shall be for the full amount of the costs and expenses incurred by the City in
making the repair, plus 15% for engineering and administration, together with
interest at 12% per annum on the amount due from the date of entry of the lien in
the Lien Docket. The City may proceed to foreclose the lien in the manner
provided by ORS 223.505 through 223.590, or by ORS 223.605 through
223.650. (Ord. 3713 §8, 1970; Ord. 4429 §3, 1981)
6.34.110 Prohibited Projections in Public Way.
No person may construct, maintain, or permit a water service pipe, gas pipe, fuel
pipe, conduit or similar device which interferes with the use of the sidewalk or
driveway by projecting into public property above the surface of the parking strip
or sidewalk or driveway, or by projecting out of the wall of a building or structure
in such a way as to interfere with the use of the public property.
(Ord. 3713 §9, 1970)
This Chapter has been adopted by Ordinance 4444 §1, 1982
Chapter 6.36
ENCROACHMENT ORDINANCE
Sections:
6.36.010 General Definitions.
6.36.020 Permit Required.
6.36.030 Application in Writing.
6.36.040 Blanket Permits.
6.36.050 Issuance Fee Exemption.
6.36.060 Plans and Specifications.
6.36.070 Safety Devices, Lights, Barricades.
6.36.080 Denial of Permits.
6.36.090 Cancellation of Permits.
6.36.100 Restoration of Right-Of-Way.
6.36.110 Permittee Awareness and Liability.
6.36.120 Permittee to Pay for All Costs.
6.36.130 Special Provisions for Construction and Encroachment Permits.
6.36.140 Deposit Required.
6.36.150 Insurance.
6.36.160 Planting in Right-Of-Way.
6.36.170 Sight Distance.
6.36.180 Violations. (Ord. 4832 §3, 1995)
6.36.200 Appeal.
6.36.010 General Definitions.
A.
"Encroachment" means the work of construction, placing, or installation of
any improvement, plant, or other matter within, over, or under the right-ofway.
B.
"Right-Of-Way" means any land or interest therein which by deed,
conveyance, agreement, dedication, usage, or other process of law has
been reserved for or dedicated to the City for use of the general public.
C.
"Permittee" means any person who proposes to encroach upon a right-ofway and has been issued a permit.
D.
"Director" means Director of the Community Development Department or
his designated representative.
E.
"Fee" means the issuance and encroachment fees established by City
Council that are required prior to issuance of a permit.
6.36.020 Permit Required.
Every person except as otherwise provided in this ordinance shall obtain a permit
from the Community Development Department before he:
A.
Makes or causes to be made any excavating or encroachment in any
road, street, or City right-of-way.
B.
Places, constructs, or repairs any curb, gutter, sidewalk, driveway,
pavement, base course, retaining wall, storm drain, culvert, pipe, conduit,
cable, or other work of similar nature in, over, along, across, or through
any street.
C.
Places or leaves any impediment to travel upon any street, including trash
or debris.
D.
Erects or maintains any post, pole, fence, guardrail, wall, loading platform,
or any other structure on, over, under, or within a right-of-way.
E.
Plants or removes any tree, shrub, or growing thing within a right-of-way.
6.36.030 Application in Writing.
Application for a permit shall be made in writing to the City on the forms provided
by the Community Development Department. By accepting this permit, the
permittee agrees to be bound by all the terms and conditions set forth in the
permit and in this ordinance.
6.36.040 Blanket Permits.
Blanket permit authorizations may be issued to any municipal utility district or
public utility, subject to the compliance with all applicable provisions of this
ordinance. The issuance of a Blanket permit authorization does not relieve the
permittee from making such reports of activity as may be required and for paying
for repairs and other costs incurred by the City due to the permittee's activity.
Blanket permit authorizations shall be limited to utility service installations
including bore pits not exceeding three feet in width and length, installed at a
right angle to the centerline of the road, or an excavation not exceeding thirty
square feet in area outside the existing street surface, curbs, gutters and
sidewalks, or repairs to poles, work on overhead lines or work in existing
manholes, and emergency repairs. Two-way traffic shall be maintained at all
times. (Ord. 5085 §1, 2001)
6.36.050 Issuance Fee Exemption.
The following shall be exempt from paying the issuance fee: The United States,
this State, this County, all departments of this City, any school district, public
utilities holding franchise with the City, and any special district organized under
state laws. The Director may grant a permit without issuance fee if the work to
be done has been requested by the City in connection with proposed public
works.
6.36.060 Plans and Specifications.
All work shall be performed in accordance with the latest edition of the standard
specifications for public works construction, including revisions or in accordance
with the plans and specifications referred to in the permit, in addition to any
special requirements and/or specifications which are made a part of the permit.
In case of conflict between two specifications the higher specifications shall
apply. No changes may be made in the location, dimensions, character, or
duration of the encroachment, or use as granted by the permit except on
authorization by the Director or his representative.
6.36.070 Safety Devices, Lights, Barricades.
In the conduct of the encroachment work, supplies and excavated material shall
be properly placed and the permittee shall provide and maintain such safety
devices, including but not limited to lights, barricades, signs, and flagmen as are
necessary to protect the public and as ordered by the Director or his agents.
If the Director finds that suitable safeguards are not being provided, or that the
permittee is creating a nuisance, he may provide, maintain, and relocate such
safety devices or take such action as is deemed necessary, charging the
permittee in accordance with the schedule of charges as adopted by the City.
6.36.080 Denial of Permits.
The Director may refuse to issue a permit under the following conditions:
A.
When he finds that it is not in the best interest of the general public to do
so.
B.
When he finds that it will be detrimental to the public health, safety, or
welfare.
6.36.090 Cancellation of Permits.
The Director may cancel a permit for any of the following reasons:
A.
When permitted work is not started within the time specified and/or is
started, but not diligently prosecuted to completion.
B.
By failure on the part of the permittee to provide for the public's safety.
C.
By failure on the part of the permittee to comply with all of the
requirements of the permit.
D.
By creating a nuisance.
E.
For cause.
6.36.100 Restoration of Right-Of-Way.
Upon completion of the encroachment work authorized, the permittee shall
restore the right-of-way including all structures thereof by replacing, or rebuilding
it in accordance with the specifications or any special requirements, but not less
than to its original condition before the encroachment work was commenced.
Where excavation occurs within areas already paved, a temporary paving shall
be installed the same day the excavation is made. When replacing permanent
pavement the thickness shall be one inch greater than that of the surrounding
pavement or surface. The base course removed shall be replaced to a minimum
of 12-inch thickness. When the street surface has been treated with a seal
and/or slurry, the surface shall be replaced with 3-inch minimum of asphalt
concrete.
6.36.110 Permittee Awareness and Liability.
The permittee shall investigate and be aware of all existing facilities and shall not
interfere with any existing public or private facility without the consent of its
owner. If it becomes necessary to relocate an existing facility, this shall be done
by its owner or to the satisfaction of its owner. The cost of moving publicly and
privately owned facilities shall be borne by the permittee. The permittee shall
support and protect all wires, cables, pipes, conduits, poles and other apparatus
both aerial and underground, by a method satisfactory to the owner.
6.36.120 Permittee to Pay for All Costs.
The permittee is liable for and shall pay for all engineering costs related to the
permit, including but not restricted to the following:
A.
The permit issuance fee;
B.
Engineering, which includes design, inspection, survey, and tests;
C.
Cost of any inspection, transportation, or for tests made;
D.
The cost of repairing or restoring the streets and all appurtenant facilities
to the same or equal condition that they were in before cut or damaged as
a result of the permittee's activities;
E.
The cost of furnishing and/or maintaining any lights, barricades, or
warning devices;
F.
The cost of removing or remedying any hazardous condition;
G.
Any other cost to the City caused by the permittee's activity.
6.36.130 Special Provisions for Construction and Encroachment Permits.
The following applies to permits for the laying, construction, reconstruction, or
repairing of curbs, sidewalks, gutters, driveways, street surfaces, and pipes.
Driveways, approaches, sidewalks, curbs, and gutters shall be constructed of
217# cement (52 sack) 2500# concrete.
A.
Driveways shall not be constructed in such a manner that will prevent a
vehicle from being parked entirely off the public right-of-way after entering
such driveway. The design of driveways shall be in accordance with City
standards, as approved by the City Council. The minimum intervening
distances between the side slopes or returns of adjacent driveways
serving the same lot shall be twenty-two feet. Adjacent driveways serving
two adjoining lots shall have at least one foot between the side slopes.
Residential driveway approach, including the side slopes, shall not be
located closer than 20 feet to the intersecting street right-of-way line.
Commercial or service driveways shall not be more than 35 feet in width.
In the case of a corner lot service drives, including the side slopes, shall
not be closer than 20 feet to the intersecting street right-of-way line.
Driveway approaches shall be a minimum of six inches thick. When a
driveway is relocated, the abandoned existing driveway approach shall be
removed and replaced with a standard curb section at the permittee's
expense.
B.
Sidewalks. Residential sidewalks shall be 5 feet wide, scored at 5 feet
intervals and shall be 4 inches thick with a cross-slope of one-fourth inch
to the foot. The cross-slope extended shall meet the top of the curb.
Sidewalks shall be located adjacent to the back of curb, unless otherwise
approved by the Director. Commercial sidewalks shall be four inches thick
and as approved by the Community Development Department.
C.
Plans. If in the opinion of the Community Development Department
Director the work proposed to be done requires the making of plans or the
setting of stakes, or both, he may require the application be accompanied
by the necessary plans, which plans shall be prepared by a competent
engineer.
D.
Equipment. No tract laying equipment of any kind shall be permitted on
any paved area unless equipped with street pads. Any damage to curbs,
sidewalks, driveways, etc., shall be the responsibility of the permittee and
shall be repaired to the satisfaction of the Director.
E.
Open Trench. No open trench shall be opened in excess of one day's
work.
F.
Drainage. The permittee shall provide for proper drainage when
encroachment work interferes with established drainage.
G.
Services. Laterals, services, and other small diameter pipes shall be
jacked, bored, or driven beneath a paved surface unless other methods
are approved by the Director.
H.
Minimum Cover. The minimum cover over any pipe or conduit installed
under any public street shall be 30 inches measured vertically from the
existing or proposed flow line of the nearest gutter.
I.
Backfilling and Compacting. Backfilling and compacting of an excavation
shall be in accordance with standards established by the Community
Development Department and shall commence within 48 hours after
working trench is completed.
J.
Cleanup. Immediately after completion of the work the permittee shall
clean up and remove all materials, earth, and debris of any kind.
K.
Cutting Pavement. All concrete and pavement removed within the right-
of-way shall be saw cut or otherwise removed so as to provide a uniform,
smooth joint.
6.36.140 Deposit Required.
All applicants for such public improvements exceeding in valuation the sum of
$1,000,000 shall file with the City a certified check, cash, or bond in the amount
of 50% of the estimated cost of improvement, or a sum to be fixed by the
Community Development Department Director as sufficient to reimburse the City
for restoring the right-of-way to its original condition, or for correcting any
condition arising out of any failure of the permittee to comply with any or all
conditions of the permit. Where the size and nature of the project warrant, the
Director may require an additional deposit of $500 to indemnify and reimburse
the City for work done by or for the City in correcting traffic hazards, unsafe
conditions, or unacceptable nuisances.
6.36.150 Insurance.
The applicant shall deposit with the City Finance Director a certificate of
comprehensive public liability insurance covering the work to be done. Said
policy shall be in the limits of not less than $300,000 for any one occurrence,
$100,000 for any one person, and $50,000 property damage. This policy shall
protect and save harmless the City, its officers, and employees against any and
all claims, demands, or judgments. The policy shall further provide that the
applicant and his insurance company shall defend and pay all costs of defending
the City, its officers and employees, and any suit or action or other proceeding
which may be filed against them, or any of the, as a result of the applicant's work
and activities.
6.36.160 Planting in Right-Of-Way.
It is permissible to plant and maintain a lawn or similar ground cover not
prohibited by law within the right-of-way of a public right-of-way without a permit.
However, the lawn or similar ground cover shall not extend into the traveled way
of the public highway nor into the drainage ditches, gutters, or other improved
facilities.
6.36.170 Sight Distance.
No hedge, shrub, or other planting and no fence or other structure shall be
planted, erected, or maintained in a right-of-way without a permit, upon any
sidewalk or shoulder, or in such a manner which impedes, obstructs, denies, or
impairs the sight distance for safe pedestrian or vehicular traffic.
6.36.180 Violations.
Every person, firm corporation, or other entity who performs any work regulated
by this Ordinance, either without first obtaining a permit or having a permit, fails
or refuses to comply with any applicable provisions of this Ordinance or with any
condition of the permit, shall be deemed in violation of this Ordinance. Any
person who starts or performs any work regulated by this Ordinance without first
obtaining a permit shall be charged double the established fees.
(Ord. 4832 §3, 1995)
6.36.200 Appeal.
Any person aggrieved by the refusal or revocation of a permit may appeal to the
City Council within 30 days after the date of such action. The appeal shall be in
the form of a written notice filed with the City Manager and signed by the
applicant.
Chapter 6.38
BARRICADES
Sections:
6.38.010 City Authority to Erect Barricades.
6.38.020 Interference With Barricades Prohibited.
6.38.010 City Authority to Erect Barricades.
The employees of the City Water Department, the City Street Department, and
other employees of the City who shall be engaged in work in the City streets,
whether laying, installing, maintaining, or repairing City water lines, sewer lines,
curb, gutter, sidewalk, paving, grading, or other work of any kind or nature in the
City streets are authorized and empowered to barricade all or a portion of the
street in which any City work shall be carried on during the period of such work in
order to protect the traveling public and also to prevent injury or damage to the
work done or being done by the City forces in the City streets. The street, or a
portion thereof, closed to travel by the public shall be marked and designated by
some form of entire or partial barricade carrying notice that the street, or portion
thereof, is closed to travel and movement thereon. (Ord. 2384 §1, 1955)
6.38.020 Interference With Barricades Prohibited.
No person shall remove, alter, tamper, or interfere with such signs or barricades
when the same shall have been placed in position closing all or a portion of any
City street to travel. No person shall travel upon that portion of any City street
which shall have been closed to travel and movement thereon by the placing and
installation of barricades and signs closing the same to travel or movement
thereon. (Ord. 2384 §2, 1955)
Chapter 6.40
STREET NUMBERING
Sections:
6.40.010
Uniform Numbering System--General Requirements.
6.40.020
Placement of Even and Odd Numbers.
6.40.030
Assignation of Building Numbers--Designation of Directional
Prefixes.
6.40.040
Compliance Requirement.
6.40.050
Violation--Penalty.
6.40.010 Uniform Numbering System--General Requirements.
A.
There shall be a uniform system of numbering all houses, stores, and
other buildings, except sheds and outbuildings, erected or to be erected
within the corporate limits of the City by placing on the door or door frame
of the main entrance of the building, or as near thereto as is practicable,
the number assigned for that building by the system hereinafter provided.
B.
All numbers shall be painted on the building or on metal or glass affixed to
the building or shall be metallic figures, to be used at the option of the
owner and so placed as to be readily seen and observed from the street.
C.
The figures designated as the number for the respective buildings shall be
not less than 3 inches in height. (Ord. 1765 §1, 1950)
6.40.020 Placement of Even and Odd Numbers.
A.
On the streets running north and south, or any modification of that
direction, the even numbers shall be placed on the west side of the street
and the odd numbers on the east side. The buildings on the north side of
all streets running east and west, or any modification of that direction,
shall bear even number and the buildings on the south side of each and
every street running east and west, or any modification of that direction,
shall bear the odd numbers.
B.
Unless otherwise specified on the official City street numbering map, each
twenty-five linear feet in a block shall be assigned a whole number, except
as to the area bounded by "A" Street on the north, "M" Street on the south,
and the extension of "M" Street into West Bridge, by Fourth Street on the
west and Eighth Street on the east, excluding each of the named streets,
and on the streets in this particular area each twelve and one-half linear
feet shall be assigned a whole number. (Ord. 1765 §2, 1950)
6.40.030 Assignation of Building Numbers--Designation of Directional Prefixes.
A.
As nearly as possible units of one hundred numbers shall be used in each
City block. The numbering shall be divided as to the north and south
numbers by the main line railroad track of the Southern Pacific Railroad
that passes through the City. The dividing line for the east and west
numbers shall be the center line of Sixth Street and Orchard Avenue in the
City.
B.
For the purposes of this numbering system the streets, or portions of
streets, in the City lying northerly of the main line of the Southern Pacific
Railroad and easterly of the center line of Sixth Street and Orchard
Avenue shall be preceded by the prefix "NE." The streets, or portions of
streets, in the City lying southerly of the main line of the Southern Pacific
Railroad and easterly of the center line of Sixth Street shall be preceded
by the prefix "SE." The streets, or portions of streets, lying southerly of
the main line of the Southern Pacific Railroad and westerly of the center
line of Sixth Street in the City shall be preceded by the prefix "SW." The
streets, or portions of streets, in the City lying northerly of the main line of
the Southern Pacific Railroad and westerly of the center line of Sixth
Street and Orchard Avenue shall be preceded by the prefix "NW."
C.
The numbers shall be given and assigned by the City Building Inspector.
The building numbers shall be given and assigned in accordance with the
City street numbering map, which is submitted to the Council with this
chapter and approved. One copy of the City street numbering map shall
be kept on file in the office of the City Auditor. In the event any owner
shall be dissatisfied with the number assigned him by the City Building
Inspector, he shall have the right of taking a written appeal to the next
regular meeting of the City Council, and prior to said meeting, shall file his
objections in writing to the number assigned to him with the City Auditor,
who shall present such objections to the City Council.
(Ord. 1765 §3, 1950)
6.40.040 Compliance Requirement.
All houses, structures, or buildings now erected shall be numbered in accordance
with the provisions of this chapter on or before the 1st day of February, 1951. All
houses or buildings hereafter erected or now in the course of erection shall be
numbered in accordance with this chapter before being occupied.
(Ord. 1765 §4, 1950)
6.40.050 Violation--Penalty.
The owner and the occupant of any house and the owner of any building required
by this chapter to be numbered who shall fail, refuse, or neglect to comply with
the provisions of this chapter shall, upon conviction in municipal court of such
violation, be subject to a fine of not less than $1.00 nor more than $10.00 for
each day such neglect or refusal shall continue. (Ord. 1765 §5, 1950)
Ord. 997, 999 and 1433 have been repealed.
Chapter 6.42 has been amended by Ord. 4633 §1, 1988.
Chapter 6.42
STREET TREES
Sections:
6.42.100
Purpose and Objectives.
6.42.200
Definitions.
6.42.300
Authority of the Manager.
6.42.400
Permit Required.
6.42.500
Standards.
6.42.600
Certain Trees Prohibited.
6.42.700
Responsibility for Trees.
6.42.800
Protection of Trees on Public and Semi-Public Lands from Wanton,
Malicious, and Negligent Harm.
6.42.850
Stumps.
6.42.900
Arborist Insurance.
6.42.925
Violation.
6.42.950
Enforcement.
6.42.975
Repeal.
6.42.990
Severance.
6.42.100 Purpose and Objectives.
Trees, as defined, regulated and protected herein, are declared to be a natural
community resource, and it is the intent of the Grants Pass Council to protect and
regulate them as a means to achieve the following objectives:
1. To purify the air by reducing dust and other air contaminants.
2. To provide shade and wind protection.
2. To reduce street noise and glare.
3. To screen unsightly objects and scenes.
4. To keep the City streets free from dead, unhealthy, or hazardous trees.
5. To beautify and provide a pleasing, restful, healthy environment.
These objectives are in the interest of the health, safety and welfare of citizens
and visitors to the City.
The Grants Pass Council also finds that (a) the better use of this resource will
improve the appearance of the City and enhance tourism, a major component of
the economy of the City, and (b) the enhancement of this resource is consistent
with, and materially aids, the accomplishment of the purposes of the City’s
Comprehensive Plan (including 3.1, 3.2, 3.40, 3.50, 5.24, 5.25, 7.1, and 7.4).
6.42.200 Definitions.
1.
Tree. A woody perennial plant, usually with one main trunk, attaining a
height of at least six (6) feet at maturity, and a shrub when planted in, or
projecting upon, a City right-of-way.
2.
City. Means the City of Grants Pass, Oregon.
3.
Person. Includes any individual, firm, association, or corporation of any
kind, whether acting directly or through an agent.
4.
Owner. The possessor of title to the land on which particular trees stand
(or the owner’s agent); in the case of a tree on semi-public land the owner
is considered to be the owner of the fee title to the land.
5.
Manager. The City Manager of the City of Grants Pass or any City
employee appointed by the Manager to act for the Manager.
6.
Public Land. Any land belonging to the City of Grants Pass.
7.
Semi-Public Land. Land on which the City of Grants Pass has (a) a right-
of-way or other easement such that the City has the legal right to control
or regulate the planting, care, and disposal of trees on such land or (b) the
right, pursuant to intergovernmental agreement, contract, lease, or law, to
exercise control over the land, that is broad enough to encompass the
planting, care and disposal of trees on such land.
8.
Topping. The severe cutting back of limbs to stubs larger than three
inches in diameter within the tree’s crown to such a degree so as to
substantially remove the normal canopy.
6.42.300 Authority of the Manager.
1.
Regulation. The Manager shall have the authority to enforce this
ordinance, including the planting, maintenance and removal of trees on
public and semi-public property to preserve or enhance safety or
aesthetics.
2.
Supervision. The Manager shall have the authority and it shall be his duty
to supervise or inspect all work done under an Encroachment Permit
issued in accordance with the terms of this ordinance.
3.
Conditions of Permit. The Manager shall have the authority to affix
reasonable conditions to the granting of a permit in accordance with this
ordinance.
6.42.400 Permit Required.
No person shall plant, set out, prune, root prune, remove, cut above ground, kill,
or otherwise disturb any tree on public or semi-public property without first filing
an application for, and procuring, an Encroachment Permit from the City
Manager. The person receiving the permit shall abide by the standards adopted
pursuant to Section 500 below.
1.
Planting. The application required herein shall state (1) the number of
trees to be planted or set out, (2) the location, size, species or variety of
each tree and (3) such other information to allow a fair determination of
whether a permit should be issued.
2.
Removal and Replacement.
A.
The application required herein shall list the reason(s) for
requesting tree removal. The property owner shall bear the cost of
removal and replacement of all trees removed and the costs of any
public property damaged during removal or replacement. The
tree(s) need not be replanted if such tree(s) is inconsistent with the
easement.
B.
Whenever it is necessary to remove a tree or trees from semipublic land in connection with the paving or widening of a street, the
City shall replant such trees or replace them. This requirement will
be satisfied if any equivalent number of trees are planted according
to standards adopted pursuant to Section 500.
C.
Trees may be removed or relocated in the following cases:
1)
Trees which pose a safety hazard to pedestrian or vehicular
traffic or unmanageably threaten or cause a disruption to
public utilities service;
2)
Trees which pose a safety hazard to building;
3)
Trees which prevent physical ingress and egress to a
building, lot or parcel of property;
4)
Trees which prevent the development of a lot or parcel, or
the physical use thereof;
5)
Diseased trees which are a hazard to people, buildings, or
other improvements on a lot or parcel, or to other trees;
6)
Trees so weakened by age, storm, fire, ice, or other injury so
as to cause danger to persons or property;
7)
Dead trees;
8)
Trees which are replaced by other trees within four months
pursuant to a plan mutually approved by the property owner
and the City;
9)
Trees of the species listed in Section 600, if the property
owner and the City agree to the removal.
6.42.500 Standards.
The Manager shall develop reasonable standards for the planting, maintenance
and removal of trees to carry out the purposes of this ordinance. These
standards will apply to trees within Grants Pass city limits on public or semipublic land. These standards may be amended as the need arises, by the
Manager. The standards shall include, but not be limited to, the following:
1.
Acceptable tree species and varieties with information on the appropriate
placement of each.
2.
Height clearances over streets, sidewalks, or other sections of the right-ofway.
3.
Sight clearances for traffic signs and signals, street lights, intersections
and other traffic related fixtures.
4.
Utility clearances including, but not limited to, sewers, storm drains, curbs,
sidewalks, driveway aprons, streets, power or telephone lines, fire
hydrants and water meters.
5.
Circumstances requiring, and procedures for planting, care or removal of
trees.
6.42.600 Certain Trees Prohibited.
No person shall plant in any semi-public area the following trees; poplar, willow,
cottonwood, fruit trees, nut trees, or ailanthus (tree of heaven).
6.42.700 Responsibility for Trees.
1.
Owner Tree Care. Trees on semi-public lands, or those on private lands
affecting the use of public or semi-public lands, are the responsibility of
the owner of the land where the tree is rooted. With regard to such trees:
A.
When such tree(s) become hazardous to person or property, it is
the owner’s responsibility to remove the hazard at the owner’s
expense;
B.
Tree maintenance required for the protection and proper operation
of public utilities, safe public use of rights-of-way, etc., shall be
done in accordance with the standards adopted pursuant to
Section 500. The consent of the owner need not be obtained;
however, a reasonable attempt shall be made to notify the owner
before work is begun.
2.
Private Trees. No person shall have on his land a tree that constitutes a
hazard to person or property.
3.
Semi-Public Tree Care. The City shall have the right to plant, prune,
maintain and remove trees in accordance with standards developed
pursuant to Section 300, within the right-of-way of all streets, alleys,
squares and public ground, as may be necessary to ensure public safety
or to preserve or enhance the symmetry and beauty of such semi-public
grounds.
6.42.800 Protection of Trees on Public and Semi-Public Lands from Wanton, Malicious,
and Negligent Harm.
In relation to any tree or shrub on public or semi-public land, the following acts
shall also be illegal:
1.
To break, injure, mutilate, burn, kill, remove, or destroy any tree or shrub
without authority to do so as set forth in this ordinance:
2.
To permit any toxic chemical, either solid or liquid, to pass, drain or be
emptied on or about any such tree;
3.
To knowingly permit any wire designed to carry electrical current to be
attached to any tree, except as consistent with standards developed
pursuant to Section 300;
4.
To excavate any tunnel, ditch, or trench, or to lay any driveway, sidewalk
or pavement through or across the root zone of any such tree, except as
consistent with standards developed pursuant to Section 500;
5.
To attach any wire, rope, cable, poster, sign, nail, or other fastener to such
tree or shrub, except as consistent with standards developed pursuant to
Section 500;
6.
To place, deposit or store any stone, brick, sand, earth, or other material
as to impede the passage of water, air and fertilizer to the roots of any
such tree or shrub, except as consistent with standards developed
pursuant to Section 500;
7.
To move any building or other large object along any street in such a
manner as to damage any such tree;
8.
To build any structure, pavement, utility or other construction in violation of
any provision of this ordinance;
9.
To prevent, delay, or interfere with the Manager or any of his agents,
engaging in or about the planting, maintenance, or removal of any tree or
as authorized in this ordinance;
10.
To top any tree on public or semi-public land, except in respect to trees
severely damaged by storms or other causes, or certain trees under utility
wires or other obstructions, where other pruning practices are impractical,
as determined by the Manager in accordance with the standards
developed pursuant to Section 500.
6.42.850 Stumps.
Stumps of trees or shrubs on public or semi-public land are hereby declared to
be a public nuisance and must be removed in accordance with the standards
adopted pursuant to Section 500.
6.42.900 Arborist Insurance.
It shall be unlawful for any person to engage in the business, occupation or
profession of pruning, treating or removing trees in public or semi-public areas
within the City limits of Grants Pass without first obtaining liability insurance in the
minimum amount of $300,000.
6.42.925 Violation.
Violating of Sections 400 through 990 constitutes an offense. Each day the
violation is caused or allowed to exist constitutes a separate offense.
6.42.950 Enforcement.
1.
The Manager or his duly authorized representative shall be charged with
the enforcement of this ordinance.
2.
A violation of any provision of this ordinance is declared to be a nuisance
and may be treated as such by the City and by any court of competent
jurisdiction.
3.
Any person violating any provision of this ordinance shall, upon conviction,
be fined a sum not exceeding $500 or be imprisoned in the County Jail for
a period not exceeding six months, or be punished by both fine and
imprisonment.
4.
As an alternative to 3. above, any person alleged by the Manager to have
violated this ordinance may be notified of the right to a hearing before the
Grants Pass Council or its designated hearings officer. There shall be at
least two weeks notice before the hearing. This two week period includes
any other waiting or notice period which shall be considered a part of this
two week notice. If the hearing is adverse to the property owner, the
Manager may, after one week from the Council’s decision, abate the
nuisance, by whatever means are reasonably necessary and charge the
cost thereof to the person causing the violation.
In addition, the City may also seek judicial assistance through injunctive
relief.
If a violation constitutes an immediate and serious threat to the public
health, safety, or welfare, the Manager may abate the nuisance
immediately, without notice or prior hearing.
6.42.975 Repeal.
Ordinance numbers 1433, 997, and 999 are hereby repealed.
6.42.990 Severance.
If any part of this ordinance is declared invalid by court of competent jurisdiction,
such decision shall be deemed to apply to that part only and shall not affect the
validity of the ordinance as a whole or any part thereof other than the part
declared invalid.
Chapter 6.44
STREET AND ALLEY VACATIONS
Sections:
6.44.010 Definitions.
6.44.020 Petition by Owner.
6.44.030 Filing of Petition.
6.44.040 Notice of Hearing.
6.44.050 Publication of Hearing Notice--Cost Assessment.
6.44.060 Hearing and Determination.
6.44.070 Vacation on Council's Own Motion.
6.44.080 Joinder.
6.44.090 Title to Vacated Areas.
6.44.100 Filing of Vacation Records and Costs.
6.44.110 Computation of Fraction.
6.44.120 Multiple Owners of a Single Parcel.
6.44.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meanings set out below:
A.
"Adjoining or abutting" means real property which touches, is contiguous
to or in contact with a street or alley.
B.
"Owner" is a contract purchaser of real property or the owner of record
thereof and shall include all said owners if there is more than one owner of
any parcel of real property. (Ord. 4149 §1, 1977)
6.44.020 Petition by Owner.
A.
Any owner of real property adjoining or abutting upon a street or alley,
desiring to vacate all or part of such street or alley, may file a petition
therefore setting forth the description of the ground proposed to be
vacated, and the reason for such vacation.
B.
There shall be appended to such petition, and as a part thereof and as a
basis for granting the same, the consent of the owners of not less than
three-quarters of the property adjoining or abutting the portion of such
street or alley which is proposed to be vacated. The consent of the
owners shall include all owners as defined in Section 6.44.010 and the
signature of said owners shall be in writing and duly acknowledged before
an officer authorized to take acknowledgments of deeds.
(Ord. 4149 §2, 1977)
6.44.030 Filing of Petition.
The petition shall be presented to the City Manager, or such other city employee
if so delegated by the City Manager, who shall ascertain if the petition is sufficient
pursuant to the terms of this chapter. If the petition is sufficient, the City Manager
shall place the matter on the agenda of the Council for hearing not later than 45
days after the filing of the petition. (Ord. 4149 §3, 1977)
6.44.040 Notice of Hearing.
Notice of the petition and Council hearing shall be given by publishing notice
thereof once in a newspaper of general circulation in the City, such publication to
be not more than 25 nor less than 10 days prior to the hearing date. A copy of
the notice shall be mailed to the owner of each parcel adjoining or abutting the
street or alley, or part thereof, to be vacated and a single mailing is sufficient for
a property if addressed to all owners of any such parcel of real property, and the
notice shall be mailed not more than 25 nor less than 10 days prior to the date of
hearing by the Council. Not more than 25 days and not less than 10 days before
the hearing two notices shall be posted at the proposed vacation site and if
possible, the notices shall be posted one at each end of the proposed vacation.
The notices shall describe the portion of the street or alley affected by the
petition, give the date it was filed, the name of all the petitioners, and the date
and time when the petition will be heard and considered by the Council, and
information that objections may be filed with the Finance Director in writing until
5:00 p.m. of the day of the Council hearing and that oral or written objections
may be submitted to the Council at the time of its hearing upon the petition.
(Ord. 4149 §4, 1977)
6.44.050 Publication of Hearing Notice--Cost Assessment.
Prior to mailing, publication, or posting of the notice, the Finance Director shall
obtain from the petitioners a sum sufficient to cover the cost of publication,
posting, and other anticipated expenses, which sum shall be in the amount of
$75.00. (Ord. 4149 §5, 1977)
6.44.060 Hearing and Determination.
At the time fixed for hearing upon the petition, or at any postponement or
continuance of such matter, the Council shall hear the petition and objections
and determine whether the consent of not less than three-quarters of all owners
of the property adjoining or abutting upon the street or alley proposed to be
vacated has been obtained and whether the public interest will be served by the
vacation. Failure of an owner to object to the vacation shall constitute consent of
the owner to the vacation. If such matters are determined in favor of the petition,
the Council shall, by ordinance, make such determination a matter of record and
vacate the portion of the street or alley proposed to be vacated, or all thereof if
such is proposed; and otherwise the Council shall deny the petition. The Council
may upon hearing grant the petition in part and deny it in part and make such
reservations, or either, as appear to be for the public interest. Such reservations,
if any, include but are not limited to those for preservation or utility easements
and the like. (Ord. 4149 §6, 1977)
6.44.070 Vacation on Council's Own Motion.
The Council may initiate vacation proceedings upon its own motion provided that
the Council shall set a time and place for hearing thereupon, shall have notice
given pursuant to Section 6.44.040, and no such vacation all or in part shall be
granted if one-quarter of the owners of the property adjoining or abutting said
street or alley or portion thereof to be vacated object thereto, in writing or in
person at the hearing. Failure of an owner to object to the vacation shall
constitute consent of the owner to the vacation. The hearing and determination
on such petition shall be as set forth in Section 6.44.060. (Ord. 4149 §7, 1977)
6.44.080 Joinder.
Two or more streets or alleys or parts thereof may be joined in one petition or in
one council hearing provided such streets or alleys intersect each other.
(Ord. 4149 §8, 1977)
6.44.090 Title to Vacated Areas.
The title to the street or alley vacated shall attach to the lands bordering on such
area in equal portions; except that where the area has been initially dedicated by
different persons and the fee title to such area has not been otherwise disposed
of, original boundary lines shall be adhered to and the street or alley area which
lies on each side of such boundary line shall attach to the abutting property on
such side. (Ord. 4149 §9, 1977)
6.44.100 Filing of Vacation Records and Costs.
A certified copy of the ordinance vacating any street or alley or part thereof
shall be filed for record with the county clerk and the cost thereof shall be
one of the costs paid for by the petitioners from the fee required pursuant to
Section 6.44.050. A certified copy of any such ordinance shall also be filed with
the county assessor and county surveyor. (Ord. 4149 §10, 1977)
6.44.110 Computation of Fraction.
The computation of any three-quarters or one-quarter fraction to be made for the
purposes of this chapter and pertaining to property owners shall be computed on
a lineal foot basis. (Ord. 4149 §11, 1977)
6.44.120 Multiple Owners of a Single Parcel.
If there is more than one owner of a single parcel of property adjoining or
abutting a proposed vacation, the objection of a majority of the owners to the
proposed vacation shall constitute full and ample objection for the property
whether or not any other owner of the property consents to the vacation.
(Ord. 4149 §12, 1977)
CHAPTER 6.45
SMOKING PROHIBITIONS
(Ord. 5050 §1, 2100)
Sections:
6.45.100 Definitions.
6.45.200 Posting of “No Smoking” Signs.
6.45.300 Non-Retaliation.
6.45.310 Non-Retaliation -Private.
6.45.325 Removal from Premises.
6.45.350 Citizen Complaint.
6.45.400 Severability.
6.45.450 Interpretation.
6.45.500 Smoking Prohibited in Enclosed Places.
6.45.600 Smoking Prohibited on Public Property.
6.45.100 Definitions.
A.
Employee: Any person who is employed for direct or indirect
compensation, and any person who volunteers their services to a profit or
non-profit entity.
B.
Employer: Any person or entity with 2 or more employees.
C.
Enclosed Place: All space between a floor and a ceiling where the public
or employees are permitted, including buildings, rooms, halls, pavilions,
grandstands and band shells. Private residences not open to the public,
owner designated rooms in motels and hotels, and private vehicles not
used by the public are not considered Enclosed Places for purposes of
this Chapter.
D.
Public Property: Any location, whether enclosed or not enclosed, owned
or controlled by a government entity (including the Fairgrounds, Parks,
and the Growers Market). Public Property also includes the right-of-way
(including the streets, sidewalks on both sides of the streets, and open
space) adjacent to the property of any school district (but does not include
other public right-of-way).
E.
Smoking: Any inhaling, exhaling, burning, or carrying of any lighted
tobacco product or other plant material.
6.45.200 Posting of “No Smoking” Signs.
A.
Where smoking is prohibited, owners and employers of the Enclosed
Place shall post “No Smoking” signs in conspicuous locations inside and
at the entrances and exits of an Enclosed Place.
B.
It shall be unlawful for the owners and employers of an Enclosed Place to
fail to post “No Smoking” signs as required by this Chapter.
6.45.300 Non-Retaliation.
It shall be unlawful for any person to in any way retaliate against any person
because such person reports or seeks enforcement of the provisions of this
Chapter.
6.45.310 Non-Retaliation - Private.
It shall be unlawful for any person to discharge, refuse to hire, or in any way
retaliate against any employer, employee, applicant for employment, or
customer, because such employer, employee, applicant, or customer reports or
seeks enforcement of the provisions of this Chapter.
6.45.325 Removal from Premises.
A.
In addition to any other penalties accruing from violations of this Chapter,
any person who fails to extinguish their smoking materials when in
smoking prohibited areas shall be subject to immediate removal from
those areas.
B.
It shall be unlawful for persons who are in control of premises where
smoking is prohibited (including, but not limited to owners, managers,
employees, renters, lessees, and persons reserving space) to fail to
remove (or alternatively, to contact the Department of Public Safety to
request assistance to remove) from the premises, any person who refuses
to comply with the no smoking provisions of this Chapter.
6.45.350 Citizen Complaint.
Any person may file a complaint against an individual or entity for failure or
refusal to comply with or enforce the provisions of this Chapter.
6.45.400 Severability.
If any provisions, clause, sentence, or paragraph of this Chapter or the
application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other provisions of this Chapter which can be given
effect without the invalid provision or application, and to this end the provisions of
this Chapter are declared to be severable.
6.45.450 Interpretation.
This Chapter shall not be interpreted or construed to permit smoking where it is
otherwise restricted by other applicable laws.
6.45.500 Smoking Prohibited in Enclosed Places.
Smoking is prohibited in Enclosed Places within the City limits of Grants Pass,
except in the following areas:
A.
Entirely Age Restricted -Adult Establishments. Enclosed Places
which are entirely restricted to persons who are 21 years of age and
older (e.g., bingo parlors, bars, gambling establishments).
B.
Partially Age Restricted -Adult Establishments. Where the public
access areas of an Enclosed Place are partially restricted to persons who
are 18 years of age and older, the restricted portion will be considered
“entirely” restricted for that portion if the restroom facilities can be
accessed through the premises without entering the smoking section, and
the non-restricted portions of the premises are physically separated by a
floor to ceiling wall from other portions of the Enclosed Place and have
separate heating-ventilation-air conditioning (HVAC) systems for the age
restricted and general public portions of the premises. The entire
premises must be subject to semi-annual random inspections of the HVAC
system by the City Building Official to confirm the operation and
separation. If an adult establishment installs an HVAC system pursuant to
this section and the City adopts restrictions within 4 years from the date of
adoption of this Chapter which further restrict smoking at the
establishment, the City shall reimburse the then current owner the
prorated cost (25% for each year remaining) of that part of the HVAC
system which was purchased within said 4 year period for the smoking
portion of the premises. (Reimbursement shall not be available for
enforcement or application of State or federal laws which are more
restrictive.) Areas of an establishment which are used primarily for
employees, as opposed to general public customers, are not covered by
this exemption. Employee smoking areas are covered under 6.45.500 D.
(NOTE: See also the Adult Business restrictions of the Grants Pass
Development Code at Article 30 and Article 14.600-14.650)
(Ord. #5057 §1, 2001)
C.
Businesses With No On Site Sales and a Limited Number of
Employees. Businesses which do not have on site sales to the public
and all employees are owners of the business and businesses which do
not have on site sales to the public and have no more than one employee.
D.
Employee Break Rooms With a Separate HVAC System. Businesses
which have separate, designated “smoking break” rooms for employees
(in addition to a non-smoking break room) which are physically separated
by a floor to ceiling wall from other portions of the Enclosed Place, and
have separate HVAC systems for the smoking break room and all other
portions of the premises. The entire premises must be subject to semiannual random inspections of the HVAC system by the City Building
Official to confirm the operation and separation. If a business installs an
HVAC system pursuant to this section and the City adopts restrictions
within 4 years from the date of adoption of this Chapter which further
restrict smoking at the establishment, the City shall reimburse the then
current owner the prorated cost (25% for each year remaining) of that part
of the HVAC system which was purchased within said 4 year period for
the “smoking break” room. (Reimbursement shall not be available for
enforcement or application of State or federal laws which are more
restrictive.)
6.45.600 Smoking Prohibited on Public Property.
A.
(Except for the Josephine County Fairgrounds as noted herein) smoking is
prohibited on Public Property except for designated and limited outdoor
“smoking permitted” areas which are set aside for no other purpose and
are situated away from common areas used by the general public (e.g.,
not located near entrances, exits, walkways, lobbies, picnic sites, and
activity areas).
B.
At the Josephine County Fairgrounds, smoking is prohibited in all
Enclosed Places and in and under any bleachers and grandstand areas,
and in any areas where carnival activities are conducted.
Chapter 6.46
PARKS
Sections:
6.46.010 Extension of City Police Powers.
6.46.020 Parks Described.
6.46.030 Vandalism.
6.46.040 Prohibited Conduct.
6.46.045 Alcohol Prohibited in the All Sports Park. (Ord. 4781 §1, 1993)
6.46.050 Park Use Regulations--Obedience Requirement.
6.46.060 Dumping Refuse or Debris in Parks.
6.46.070 Park Traffic Regulations.
6.46.080 Restriction on Vehicular Access to Riverside Park.
6.46.090 Camping in Parks.
6.46.100 Livestock and Animals in Parks.
6.46.110 Commercial Activity in Parks.
6.46.200 Smoking in City Parks is Restricted. (Ord. 4999 §1, 2000)
6.46.300 Park Regulations. (Ord. 5025 §2, 2000)
6.46.400 Skate Park Regulations. (Ord. 5025 §2, 2000)
6.46.010 Extension of City Police Powers.
A.
The City owns various lands and properties which are commonly
designated as City parks; and some of the lands were acquired under the
provisions of state law which gives the City so acquiring land the right to
extend its police powers over land so acquired.
B.
The City extends its police powers into all such lands, and any regular or
special police officer appointed by the City shall have full jurisdiction within
such park, as if the same were contained within the present corporate
boundaries and limits of the City. (Ord. 3869 §1, 1972)
6.46.020 Parks Described.
For purposes of this chapter, all parks, landscaped areas surrounding or upon
City developments, such as city halls, community centers, police and fire
stations, parking lots, traffic islands and dividers, or urban beautification areas
owned or maintained by the City shall be considered City parks, hereinafter
referred to as parks. (Ord. 3869 §2, 1972)
6.46.030 Vandalism.
It is unlawful for any person to break, destroy, or damage any shrubs, grass,
trees, plants, flowers, fences, buildings, tables, benches, seats, or other lands or
property or improvements of any kind within such parks. (Ord. 3869 §3, 1972)
6.46.040 Prohibited Conduct.
It is unlawful for any person to engage in obscene conduct, use obscene
language, or use "fighting words" within any such park. (Ord. 3869 §4, 1972;
Ord. 4337 §1, 1980)
6.46.045 Alcohol Prohibited in the All Sports Park. (Ord. 4781 §1, 1993)
1.
The sale of alcoholic beverages in the All Sports Park is prohibited.
2.
The possession of alcoholic beverages in the All Sports Park is prohibited
unless specifically authorized by a written permit issued by the City and
authorized by the City Council. Permits shall restrict possession to a
specific time period and to a specific and limited area of the Park.
6.46.050 Park Use Regulations--Obedience Requirement.
It is unlawful for any person to disobey any regulation related to a park. In
addition to the Ordinances and Resolutions of the Council, regulations regarding
parks shall be designated by the City Manager. After designating any
regulations, the City Manager shall inform the Council in writing of the regulations
and shall file copies of the regulations with the Public Safety Department, the
Administrative Services Director, and the Field Operations Director.
(Ord. 3869 §5, 1972; Ord. 4337 §2, 1980; Ord. 4841 §1, 1985)
6.46.060 Dumping Refuse or Debris in Parks.
It is unlawful for any person to scatter refuse, debris or waste, or to place or
leave upon the lawns or elsewhere in such parks any materials which tend to
damage the plant growth therein or which detract from the natural beauty of such
parks. (Ord. 3869 §6, 1972)
6.46.070 Park Traffic Regulations.
It is unlawful for any person to drive any automobile or other vehicle as defined in
the Oregon Motor Vehicle Code within such parks contrary to the rules and
regulations set forth in any ordinance of the City for the operation of vehicles
operating within the City limits, or within any rules regarding the use of such
parks created as set forth in Section 6.46.050. It is unlawful for any person to
disobey any of the signs erected for the direction of traffic within such parks
pursuant to this chapter or any rules made pursuant to this chapter.
(Ord. 3869 §7, 1972)
6.46.080 Restriction on Vehicular Access to Riverside Park.
The City, by and through its City Manager, and at such time or times as the City
Manager may determine, may prohibit vehicular access to Riverside Park during
the hours of 10:00 p.m. to the following 7:00 a.m., of any day. Prohibition of such
access may be implemented by means of signs, barricades, barriers, and the
like, or any combination thereof, as determined by the City Manager. A vehicle
for the purposes of this rule includes any automobile or other vehicle as defined
in ORS 481.070, as now written or hereafter amended, and also includes any
motorcycle or snowmobile. (Ord. 4157 §1, 1980)
6.46.090 Camping in Parks.
A.
It is unlawful for any person to camp within the boundaries of the City
parks. For the purposes of this section, camping shall mean sleeping or
erecting sleeping quarters or living quarters.
B.
Overnight parking of motor vehicles shall be unlawful. For the purposes of
this section, anyone who parks or leaves a vehicle parked for two
consecutive hours or who remains within one of the parks as herein
defined for purposes of camping as defined in this section for two
consecutive hours between the hours of midnight and 6:00 a.m. shall be
considered in violation of this chapter. (Ord. 3869 §11, 1972)
6.46.100 Livestock and Animals in Parks.
It is unlawful for any person to permit livestock or animals of any kind or
character to run at large or trespass upon land located within the boundaries of
such parks. Such animals when found not on a chain or leash or otherwise not
confined shall, if not otherwise dealt with by the City, be reported to the county
dog control officer for application of current or future animal control laws which
pertain to the City. Horseback riding shall be confined solely to vehicle roadways
and designated bridle paths within such City parks. (Ord. 3869 §8, 1972)
6.46.110 Commercial Activity in Parks.
It is unlawful for any person, firm, or corporation to solicit, advertise, or peddle for
commercial purposes within the boundaries of such City parks, either by word of
mouth, printed matter, or other forms of commercial soliciting, advertising, or
peddling; unless otherwise provided for by written agreement with the Council of
the City. (Ord. 3869 §9, 1972; Ord. 4337 §3, 1980)
6.46.200 Smoking in City Parks is Restricted.
A.
Persons are prohibited from smoking in City Parks at all times in the
following areas: Children’s playground areas; athletic fields and courts;
bleachers; grandstands; benches and spectator areas located adjacent to
playgrounds, athletic fields and courts; covered picnic areas (including the
Pavilion in Riverside Park); restrooms; and concession areas.
(Ord. 4999 §1, 2000)
B.
Persons are prohibited from smoking in City Parks in all areas, except
paved parking lots, when a festival, concert, or similar public event is
scheduled for that park. A limited smoking area may also be designated
by the sponsoring agency if said area is clearly identified by signs and
borders and is located in a restricted area at the outside edge of said
festival, concert, or event. (Ord. 4999 §1, 2000)
C.
The use of any tobacco products in any portion of the skate park and
surrounding grounds is prohibited. (Ord. 4999, §1, 2000; Ord.
Ord. 5025 §1, 2000)
6.46.300 Park Regulations.
A.
The City Manager is authorized to establish hours of use and regulate or
prohibit uses as necessary to reduce conflicts and provide for the safe
operation of City Parks. Within one week of establishing or changing any
hours, regulations, or prohibitions, the City Manager shall notify the City
Administration Building. Said hours, regulations, or prohibitions shall be
effective one week after the date of the Public Notice.
(Ord. 5025 §1, 2000)
6.46.400 Skate Park Regulations.
A.
Helmets are required to be worn at all times when using the concrete
skate surfaces of the park and adjacent sidewalks. (Ord. 5025 §1, 2000)
B.
The skate surface and adjacent sidewalks are limited to non-motorized
foot powered conveyance. (Ord. 5025 §1, 2000)
C.
Food, beverages, glass and obstacles are prohibited from being carried,
consumed or placed on the concrete skate surface. (Ord. 5025 §1, 2000)
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