AN ORDINANCE ADOPTING TITLE 6, TRAFFIC, OF THE YAMHILL MUNICIPAL CODE; ADOPTING RULES AND REGULATIONS PERTAINING TO VEHICULAR AND PEDESTRIAN TRAFFIC WITHIN THE CITY OF YAMHILL, SUPERSEDING PREVIOUS ORDINANCES, AND DECLARING AN EMERGENCY.

THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

SECTION 1. There is hereby added to the Yamhill Municipal Code, Title 6, Traffic, as follows:

Chapters:

6.04 Traffic - Administration

6.08 Traffic - General Regulations

6.12 Traffic - Parking Regulations

6.16 Authority to Cite to Municipal Court

6.20 Authority to Tow Nuisance Vehicles

6.24 Christmas Decorations

6.28 Skateboard Regulations

Sections:

6.04.010 Short Title

6.04.020 Definitions

6.04.030 Powers of the Council

6.04.040 Duties of the Council

6.04.050 Public Danger

6.04.060 Standards

6.04.070 Authority of Police and Fire Officers

6.04.080 Severability

6.04.010 Short Title. This Title may be cited as City of Yamhill Uniform Traffic Regulations. (Ord. 314, §1, 1977)

6.04.020 Definitions.

(A) In addition to those definitions contained in the Oregon Vehicle Code, the following words or phrases, except where the contact clearly indicates a different meaning, shall mean:

"Bus Stop". A space on the edge of a roadway designated by sign for use by buses loading or unloading passengers.

"Holiday". New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and any other day proclaimed by the Council to be a holiday.

"Loading Zone". A space on the edge of a roadway designated by sign for the purpose of loading or unloading passengers or materials during specified hours of specified days.

"Motor Vehicle". 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.

"Person". A natural person, firm, partnership, association, or corporation.

"Street". Highway, road, or street as defined in O.R.S. 801.305.

"Taxicab Stand". A space on the edge of a roadway designated by sign for use by taxicabs.

"Traffic Lane". That area of the roadway used for the movement of a single line of traffic.

"Vehicle". As used in subsequent sections of this Title, includes bicycles.

(B) As used in this Title, the singular includes the plural, and the masculine includes the feminine. (Ord. 314, §2, 1977)

6.04.030 Powers of the Council.

(A) Subject to state laws, the City Council shall exercise all municipal traffic authority for the City except those powers specifically and expressly delegated herein or by another ordinance other City Regulations.

(B) The powers of the Council shall include, but not be limited to:

(1) Designation of through streets.

(2) Designation of one-way streets.

(3) Designation of truck routes.

(4) Designation of parking meter zones.

(5) Restriction of the use of certain streets by any class or king 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) Revision of speed limits in parks. (Ord. 314, §3, 1977)

6.04.040 Duties of Council. The Council, or its designate shall exercise the following duties:

(A) Implement the Ordinances, Resolutions, and motions of the Council by installing traffic control devises. Such installations shall be based on the standards contained in the Oregon Manual on Uniform Traffic Control Devices for Streets and Highways.

(B) Establish, maintain, 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. (Ord. 314, §4, 1977)

6.04.050 Public Danger. Under conditions constituting a danger to the public, the Council or its designate may install temporary traffic control devices deemed by it to be necessary. (Ord. 314, §5, 1977)

6.04.060 Standards. The regulations of the Mayor and Common Council, or its designate shall be based upon:

(A) Traffic engineering principles and traffic investigations.

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

(C) Other recognized traffic control standards. (Ord. 314, §6, 1977)

6.04.070 Authority of Police and Fire Officers.

(A) It shall be the duty of Police Officers to enforce the provisions of this Title.

(B) In the event of a fire or other public emergency, officers of the Police and Fire Department may direct traffic as conditions require, notwithstanding the provisions of this Title. (Ord. 314, §7, 1977)

6.04.080 Severability. If any portion of this Title is for any reason held to be invalid, such decision shall not affect validity of the remaining portions of this Title. (Ord. 314, §34, 1977)

Sections:

6.08.010 Crossing Private Property

6.08.020 Unlawful Riding

6.08.030 Sleds on Streets

6.08.040 Damaging Sidewalks and Curbs

6.08.050 Removing Glass and Debris

6.08.060 Storage of Motor Vehicles on Streets

6.08.070 Bicycle Operating Rules

6.08.080 Impounding of Bicycles

6.08.090 Pedestrians Must Use Crosswalks

6.08.100 Right Angles

6.08.110 Funeral Processions

6.08.120 Penalties

6.08.010 Crossing Private Property. No operator of a vehicle shall proceed from one street to an intersecting street by crossing private property. This provision shall not apply to the operator of a vehicle who stops on the property for the purpose of procuring or providing goods or services. (Ord. 314, §8, 1977)

6.08.020 Unlawful Riding.

(A) No operator shall permit a passenger and no passenger shall ride on a vehicle upon a street except on a portion of the vehicle designated or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to a person riding within a truck body in space intended for merchandise.

(B) No person shall board or alight from a vehicle while the vehicle is in motion upon a street. (Ord. 314, §9, 1977)

6.08.030 Sleds on Streets. No person shall use the streets for traveling on skis, toboggans, sleds, or similar devices, except where authorized. (Ord. 314, §10, 1977)

6.08.040 Damaging Sidewalks and Curbs.

(A) The operator of a motor vehicle shall not drive upon a sidewalks or roadside planting strip except to cross at a permanent or temporary driveway.

(B) No unauthorized person shall place dirt, wood, or other material in the gutter or space next to the curb of a street with the intention of using it as a driveway.

(C) No person shall remove a portion of a curb or move a motor vehicle or device moved by a motor vehicle upon a curb or sidewalk without first obtaining authorization and posting bond if required. A person who causes damage shall be held responsible for the cost of repair. (Ord. 314, §11, 1977)

6.08.050 Removing Glass and Debris. A party to a vehicle accident or a person causing broken glass or other debris to be upon a street shall remove the glass and other debris from the street. (Ord. 314, §12, 1977)

6.08.060 Storage of Motor Vehicles on Streets. No person shall store or permit to be stored on a street or other public property, without permission of the Council, a motor vehicle or personal property for a period in excess of 72 hours. Failure to move a motor vehicle or other personal property for a period of 72 hours shall constitute prima facie evidence of storage of a motor vehicle. (Ord. 314, §13, 1977)

6.08.070 Bicycle Operating Rules. In addition to observing all other applicable provisions of this Title and State law pertaining to bicycles, a person shall:(A) 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 relating to the parking of motor vehicle.

(B) A bicycle shall not be ridden on a sidewalk in the following areas:

(1) On Maple Street between Second Street and Azalea Street.

(2) On East Main Street between North Larch Place and Maple Street.

(3) On East First Street between South Larch Place and Maple Street.

(4) All other areas specifically posted to prohibit the use of bicycles.

(C) A citation to appear in the Yamhill Municipal Court for violation of this Chapter shall be issued to the alleged violator stating the date, time, and place to appear, and the date and place of the alleged offense. At the request of the offender, a trial shall be conducted before the court, without a jury. (Ord. 314, §23, 1977; Ord. 397, §1(part), 1991)

6.08.080 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 Police Department.

(C) In addition to any citation issued, a bicycle parked in violation of this Title may be immediately impounded by the Police Department.

(D) If a bicycle impounded under this Title 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 Title 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 Sub-section (D) above, a fee of $10.00 shall be charged to the owner of a bicycle impounded under this section. (Ord. 314, §24, 1977; Ord. 364, §1(part), 1985)

6.08.090 Pedestrians Must Use Crosswalks. No pedestrian shall cross a street other than within a crosswalk in blocks with marked crosswalks, or if within 150 feet of a marked crosswalk. (Ord. 314, §25, 1977)

6.08.100 Right Angles. A pedestrian shall cross a street at a right angle unless crossing within a crosswalk. (Ord. 314, §26, 1977)

6.08.110 Funeral Processions.

(A) A funeral procession shall proceed to the place of interment by the most direct route which is both legal and practicable.

(B) The procession shall be accompanied by adequate escort vehicles for traffic control purposes.

(C) All motor vehicles in the processions hall be operated with their lights turned on.

(D) No person shall unreasonable interfere with a funeral procession.

(E) No person shall operate a vehicle that is not a part of the procession between the vehicles of a funeral procession. (Ord. 314, §27, 1977)

6.08.120 Penalties.

(A) Violation of Sections 6.08.010 through 6.08.060 is punishable by a fine not to exceed $100.00.

(B) Violation of Sections 6.08.070 through 6.08.110 is punishable by a fine not to exceed $50.00. (Ord. 314, §33, 1977)

Sections:

6.12.010 Method of Parking

6.12.020 Prohibited Parking or Standing

6.12.030 Use of Loading Zone

6.12.040 Unattended Vehicles

6.12.050 Standing or Parking of Buses and Taxicabs

6.12.060 Restricted Use of Bus and Taxicab Stands

6.12.070 Lights on Parked Vehicle

6.12.160 Extension of Parking Time

6.12.090 Exemption

6.12.100 Citation on Illegally Parked Vehicle

6.12.110 Failure to Comply with Parking Citation Attached to Parked Vehicle

6.12.200 Owner Responsibility

6.12.130 Registered Owner Presumption

6.12.140 Impoundment of Vehicles

6.12.150 Penalties

6.12.010 Method of Parking.

(A) Where parking space markings are placed on a street, no person shall stand or park a vehicle other than in the indicated direction and, unless the size or shape of the vehicle makes compliance impossible, within a single marked space.

(B) The operator who first begins maneuvering his 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 deprive him of his priority or block his access.

(C) Whenever the operator of a vehicle discovers that his vehicle is parked close to a building to which the Fire Department has been summoned, he shall immediately remove the vehicle from the area unless otherwise directed by Police or Fire Officers. (Ord. 314, §14, 1977)

6.12.020 Prohibited Parking or Standing.

(A) No person shall park or stand:

(1) A vehicle in violation of state motor vehicle laws.

(2) A vehicle in an alley other than for the expeditious loading or unloading of persons of materials, and in no case for a period in excess of 30 consecutive minutes.

(3) A motor truck, as defined by O.R.S. 801.355, on a street between the hours of 9:00 p.m., and 7:00 a.m., of the following day in front of or adjacent to a residence, motel, apartment house, hotel, or other sleeping accommodation.

(B) No operator shall park and no owner shall allow a vehicle to be parked upon a street for the principal purpose of:

(1) Displaying the vehicle for sale.

(2) Repairing or servicing the vehicle, except repairs necessitated by an emergency.

(3) Displaying advertising from the vehicle.

(4) Selling merchandise from the vehicle, except when authorized. (Ord. 314, §15, 1977)

6.12.030 Use of Loading Zone. No person shall stand or park a vehicle for any purpose or length of time, other than for the expeditious loading or unloading of persons or materials, in a place designated as a loading zone when the hours applicable to that loading zone are in effect. In no case, when the hours applicable to the loading zone are in effect, shall the stop for loading and unloading of materials exceed the time limits posted. If no time limits are posted, then the use of the zone shall not exceed 30 minutes. (Ord. 314, §16, 1977)

6.12.040 Unattended Vehicles. Whenever a Police Officer finds a motor vehicle parked unattended with the ignition key in the vehicle, the Police Officer is authorized to remove the key from the vehicle and deliver the key to the person in charge of the Police Station, or City Hall. (Ord. 314, §17, 1977)

6.12.050 Standing or Parking of Buses and Taxicabs. The operator of a bus or taxicab shall not stand or park the vehicle upon a street in a business district at a place other than a bus stop or taxicab stand, respectively; except that this provision shall not prevent the operator of a taxicab from temporarily stopping his vehicle outside a traffic lane while loading or unloading passengers. (Ord. 314, §18, 1977)

6.12.060 Restricted Use of Bus and Taxicab Stands. No person shall stand or park a vehicle other than a taxicab in a taxicab stand, or a bus in a bus stop; except that the operator of a passenger vehicle may temporarily stop for the purpose of and while actually engaged in loading or unloading passengers, when stopping does not interfere with a bus or taxicab waiting to enter or about to enter the restricted space. (Ord. 314, §19, 1977)

6.12.070 Lights on Parked Vehicle. No lights need be displayed upon a vehicle that is parked in accordance with this Title upon a street where there is sufficient light to reveal a person or object at a distance of at lease 500 feet from the vehicle. (Ord. 314, §20, 1977)

6.12.160 Extension of Parking Time. Where maximum parking time limits are designated by sign, movement of a vehicle within a block shall not extend the time limits for parking. (Ord. 314, §21, 1977)

6.12.090 Exemption. The provisions of this Title regulating the parking or standing of vehicles shall not apply to a vehicle of the City, County, or State or public utility while necessarily in use for construction or repair work on a street, or a vehicle owned by the United Stated while in use for the collection, transportation or delivery of mail. (Ord. 314, §22, 1977)

6.12.100 Citation on Illegally Parked Vehicle. Whenever a vehicle without an operator is found parked in violation of a restriction imposed by this Title, the officer finding the vehicle shall take its license number, and any other information displayed on the vehicle which may identify its owner, and shall conspicuously affix to the vehicle a parking citation for the operator to answer to the charge against him or pay the penalty imposed within five days during the hours and at a place specified in the citation. (Ord. 314, §28, 1977)

6.12.110 Failure to Comply with Parking Citation Attached to Parked Vehicle. If the operator does not respond to a parking citation affixed to a vehicle within a period of five days, the City Recorder may send to the owner of the vehicle to which the traffic citation was affixed a letter informing him of the violations and warning him that in the event that the letter is disregarded for a period of five days, a warrant for his arrest will be issued. (Ord. 314, §29, 1977)

6.12.200 Owner Responsibility. The owner of a vehicle placed in violations of a parking restriction shall be responsible for the offense, except when the use of the vehicle was secured by the operator without the owner's consent. (Ord. 314, §30, 1977)

6.12.130 Registered Owner Presumption. In a prosecution of a vehicle owner charging a violation of a restriction on parking, proof that the vehicle at the time of the violation was registered to the defendant shall constitute a presumption that he was then the owner in fact. (Ord. 314, §31, 1977)

6.12.140 Impoundment of Vehicles.

(A) Whenever a vehicle is placed in a manner or location that constitutes an obstruction to traffic or a hazard to public safety, a Police Officer shall order the owner or operator of the vehicle to remove it. If the vehicle is unattended, the officer may cause the vehicle to be towed and stored at the owner's expense. The owner shall be liable for the costs of towing and storing, notwithstanding that the vehicle was parked by another or that the vehicle was initially parked in a safe manner but subsequently became an obstruction or hazard.

(B) The disposition of a vehicle towed and stored under authority of this section shall be in accordance with Yamhill Municipal Code, Chapter 5.20, Discarded Vehicles, as now exists, or may be subsequently amended relating to impoundment and disposition of vehicles abandoned on the streets.

(C) The impoundment of a vehicle will not preclude the issuance of a citation for violation of a provision of this Title.

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

(E) Whenever a Police Officer observes a vehicle parked in violation of a provision of this Title, if the vehicle has four or more unpaid parking violations outstanding against it, the officer may, in addition to issuing a citation, cause the vehicle to be impounded. A vehicle so impounded shall not be released until all outstanding fines and charges have been paid. Vehicles impounded under authority of this sub-section shall be disposed of in the same manner as is provided in Sub-section (B) of this section. (Ord. 314, §32, 1977; Ord. 364, §1(part), 1985)

6.12.150 Penalties.

(A) Violation of Sections 6.12.010 through 6.12.090 is punishable by a fine not to exceed $50.00.

(B) Violation of Section 6.12.100, is punishable by a fine not to exceed $20.00. If the operator does not respond to a parking citation affixed to a vehicle within a period of five days, in addition to the conditions of Section 6.12.110, the fine for violation of Section 6.12.100 shall double to a maximum of $40.00

(C) If a warrant for arrest is issued under Section 6.12.110, the violation shall be considered as an "unclassified Misdemeanor" under the Yamhill Municipal Code, Chapter 5.08, General Offenses. (Ord. 314, §33, 1977; Ord. 364, §1(part), 1985)

Sections:

6.16.010 Purpose

6.16.020 Definitions

6.16.030 Power to Issue Citations into Municipal Court

6.16.040 Option of Court of Jurisdiction

6.16.010 Purpose. It is recognized that the Charter of the City of Yamhill allows for the establishment of the Municipal Court for the City of Yamhill, therefore, the purpose of this Chapter is to allow the Chief of Police of the City of Yamhill, and his/her peace officers, to issue citations to persons charged with driving under the influence of intoxicants, or reckless driving, or driving while suspended or revoked, or in violation of permit, or fleeing or attempting to elude police officer to appear before the Municipal Court of the City of Yamhill.

The offenses of Hit & Run misdemeanor, Giving false information to an officer, and Failure to carry and present a license be added to this section. (Ord. 394, §1, 1990; Ord. 395, §1, 1990)

6.16.020 Definitions.

"Driving Under the Influence of Intoxicants". Driving a vehicle while the person has .08, or more, by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood; or is under the influence of intoxicating liquor or a controlled substance; or is under the influence of intoxicating liquor and a controlled substance.

"Reckless". That a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such a nature and degree that the failure to be aware of it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. (Ord. 394, §2, 1990)

6.16.030 Power to Issue Citations into Municipal Court.

(A) The Chief of Police and his/her various peace officers are hereby given the authority to issue citations naming the Municipal Court of the City of Yamhill as the court of jurisdiction when a citation is issued for violation of Oregon Revised Statute 813.010, Driving Under the Influence of Intoxicants, within the jurisdiction of the City of Yamhill.

(B) The Chief of Police and his/her various peace officers are hereby given the authority to issue citations naming the Municipal Court of the City of Yamhill as the court of jurisdiction when a citation is issued for violation of Oregon Revised Statute 811.135, Reckless Driving, within the jurisdiction of the City of Yamhill.

(C) The Chief of Police and his/her various peace officers are hereby given the authority to issue citations naming the Municipal Court of the City of Yamhill as the court of jurisdiction when a citation is issued for violation of Oregon Revised Statute 811.175, Driving while Suspended or Revoked or in violation of permit, within the jurisdiction of the City of Yamhill.

(D) The Chief of Police and his/her various peace officers are hereby given the authority to issue citations naming the Municipal Court of the City of Yamhill as the court of jurisdiction when a citation is issued for violation of Oregon Revised Statute 811.540, Fleeing or attempting to elude a police officer, within the jurisdiction of the City of Yamhill.

(E) The Chief of Police and his/her various peace officers are hereby given the authority to issue citations naming the Municipal Court of the City of Yamhill as the court of jurisdiction when a citation is issued for violation of Oregon Revised Statute 811.700, Hit and Run Misdemeanor, within the jurisdiction of the City of Yamhill.

(F) The Chief of Police and his/her various peace officers are hereby given the authority to issue citations naming the Municipal Court of the City of Yamhill as the court of jurisdiction when a citation is issued for violation of Oregon Revised Statute 807.620, Giving False Information to an Officer, within the jurisdiction of the City of Yamhill.

(G) The Chief of Police and his/her various peace officers are hereby given the authority to issue citations naming the Municipal Court of the City of Yamhill as the court of jurisdiction when a citation is issued for violation of Oregon Revised Statute 807.570, Failure to carry and present license, within the jurisdiction of the City of Yamhill. (Ord. 394, §3, §4, §5, §6, 1990; Ord. 395, §7, §8, §9, 1990)

6.16.040 Option of Court of Jurisdiction. The City Council of the City of Yamhill shall determine by resolution whether those offenses set out in this Chapter including driving under the influence of intoxicants, reckless driving, driving while suspended or revoked or in violation of permit, or fleeing or attempting to elude a police officer, hit and run misdemeanor, giving false information to an officer, and failure to carry and present license, shall be cited into Municipal Court for the City of Yamhill, or District Circuit Court for the County of Yamhill, or into both courts depending on the circumstances. (Ord. 394, §7, 1990; Ord. 395, §8, 1990)

Sections:

6.20.010 Definitions

6.20.020 Vehicle(s) Subject to Forfeiture

6.20.030 Vehicle(s) Subject to Impound

6.20.040 Towing and Storage Liens, Costs

6.20.050 Request for Hearing

6.20.060 Hearing Procedure

6.20.070 Decision of the Municipal Judge

6.20.080 Failure to appear at Hearing

6.20.010 Definitions. As used in this Title, unless the context requires otherwise, the following definitions shall apply:

"Owner of motor vehicle" shall be the same definition as that of Oregon Revised Statute 801.375 or any successive definition. (Ord. O-407, §1, 1995)

6.20.020 Vehicle(s) Subject to Forfeiture.

(A) A motor vehicle being operated by a person whose operator's license is suspended, canceled, or revoked for any felony conviction under the Oregon Vehicle Code (Oregon Revised Statute Chapters 801 through 823, inclusive) is declared a nuisance and subject to forfeiture.

(B) A motor vehicle being operated by a person whose operator's license is suspended, canceled, or revoked as a result of a conviction for Driving under the influence of intoxicants in violation of the provisions of Oregon Revised Statute Chapter 813 is declared a nuisance and subject to forfeiture.

(C) Forfeiture proceedings pursuant to this Title shall be done in accordance with the provisions of Oregon Law. (Ord. O-407, §2, 1995)

6.20.030 Vehicle(s) Subject to Impound.

(A) Notwithstanding section 6.20.010 above, whenever a motor vehicle is being operated by a person whose operator's license or driving privilege is suspended, canceled, or revoked and a traffic citation is issued or a physical arrest made for any violation of the Oregon Vehicle Code or Yamhill City Ordinance, or, the driver of the motor is without proof of liability insurance as required by the Oregon Vehicle Code, the motor vehicle is subject to immediate tow by a licensed towing company.

(B) Whenever the owner of a motor vehicle has failed to transfer the title or failed to register the vehicle, the motor vehicle shall be subject to immediate tow by a licensed towing company.

(C) A vehicle being operated by a motorist who is taken into police custody for any reason, but which vehicle is not otherwise subject to impound, shall be subject to tow to protect the property and interest of the person arrested and the City of Yamhill.

(D) A vehicle towed shall be towed to a storage place licensed by the State of Oregon for purposes of vehicle impound or storage.

(E) A vehicle towed for reasons of suspended, unlicensed, unprivileged or uninsured driver may be redeemed by the owner upon presentation of a valid operator's license and proof of insurance.

(F) Vehicles towed and unclaimed or unredeemed may be disposed of after a time and in a manner by the tow company as prescribed by Oregon Law. All notices and actions associated with the disposal of any unclaimed or unredeemed vehicle is the responsibility of the tow company having taken the possession of the vehicle. (Ord. O-407, §3, 1995)

6.20.040 Towing and Storage Liens, Costs.

(A) The owner of a motor vehicle, when redeeming the impounded vehicle, shall be responsible for any and all towing bills and storage fees owed to the towing company.

(B) The owner of an impounded vehicle shall pay the City of Yamhill an administrative fee at the time the vehicle is authorized for release. The amount of the administrative fee shall be established by the Yamhill City Council by resolution.

(C) A vehicle towed under Section 6.20.030, paragraph C, shall not be subject to the administrative fee established in Section 6.20.040, paragraph B, but will be responsible for all Towing fees to the Towing Company.

(D) Any towing company taking a vehicle into custody under the provisions of this Title shall have a lien on the vehicle for the just and reasonable towing and storage charges, may retain possession of the vehicle until the charges are paid, and may have the vehicles sold at public auction to satisfy the lien. The lien that attaches to the vehicle shall be a possessory chattel lien in accordance with ORS 87.142 and shall be foreclosed in the manner provided in ORS 87.152 to 87.212. If the appraised value of the vehicle is $750.00 or less, the vehicle shall be disposed of in the manner provided in ORS 819.220. (Ord. O-407, §4, 1995)

6.20.050 Request for Hearing. The owner of the vehicle must request a hearing within five calendar days. (Ord. O-407, §5(part), 1995)

6.20.060 Hearing Procedure.

(A) When a timely request for a hearing is made, a hearing shall be held before the Municipal Judge or the Municipal Judge Pro-Tem.

(B) The hearing shall be set and conducted within the next scheduled Municipal Court session. The hearing may be set for a later date if the owner of the vehicle so requests.

(C) At the hearing the person may contest the validity of the impound, providing proof of insurance for the vehicle and driver at the time of the tow and providing proof of the validity of the driver's driving privilege at the time of the tow.

(D) The City of Yamhill shall have the burden of providing by a preponderance of evidence the validity of the impound. The City may present evidence by oral or written testimony of the Police Officer and all documents which provide testimony of the cause for impound. (Ord. O-407, §5(part), 1995)

6.20.070 Decision of the Municipal Judge.

(A) If the Municipal Judge finds that the impound of the vehicle was proper, the Judge shall:

(1) enter an order supporting the removal, and

(2) find that the owner is liable for any towing and storage charges resulting from the impound; and

(3) find the owner is liable for the costs of the tow hearing, including costs of the Municipal Court and any witnesses.

(B) If the Municipal Judge finds that the impound of the vehicle was improper, the Judge shall:

(1) order the vehicle released to the owner;

(2) find that the owner is not liable for any towing and storage charges resulting from the impound; and

(3) order the City to satisfy the towing and storage lien.

(C) Any time an owner of a vehicle properly insured at the time of the traffic stop present such proof to the Municipal judge, but in where proof of such insurance was not provided the Police Officer at the time of the stop, a decision of proper impound shall be entered.

(D) The decision of the Municipal Judge is final. (Ord. O-407, §5(part), 1995)

6.20.080 Failure to appear at Hearing. If the person requesting the hearing does not appear at the scheduled hearing, the Municipal Judge may enter an order supporting the impound and assessment of towing and storage costs, and shall add an assessment for the costs of the Municipal Court and any witnesses who appeared at the time set for the hearing. (Ord. O-407, §5(part), 1995)

Sections:

6.24.010 Authority to Permit Placement

6.24.020 Placement of Overhead Crossings

6.24.030 City Recorder Shall Issue Permits

6.24.040 Continuing Authority

6.24.010 Authority to Permit Placement. The Common Council of the City of Yamhill shall have the authority to permit placement of banners and Christmas lights across State Highway No. 47, and State Highway No. 240. (Ord. 352, §1, 1984)

6.24.020 Placement of Overhead Crossings. Placement of overhead crossings shall be in conformance with Oregon State Highway Regulations. (Ord. 352, §2, 1984)

6.24.030 City Recorder Shall Issue Permits. The City Recorder, of the City of Yamhill, Oregon, is hereby authorized and directed to issue the necessary permit to the Yamhill Rural Fire District to install Christmas decorations on the utility poles and across the streets in the City of Yamhill and to maintain said decorations during the Christmas season. (Ord. 262, §1, 1970)

6.24.040 Continuing Authority. This authority and direction shall be a continuing authority and authorize the issuance of a similar permit in subsequent years until such time as this Chapter may be repealed. (Ord. 262, §2, 1970)

Sections:

6.28.010 Definition

6.28.020 Prohibited Riding Areas

6.28.030 Duty to Yield

6.28.040 Duty to Obey Traffic Control Devices

6.28.050 Seizure of Skateboards

6.28.060 Procedure

6.28.070 Penalty

6.28.010 Definition. Skateboard means a board of any material (natural or synthetic) with wheels affixed to the underside, designed to be ridden by a person. (Ord. 382, §1(part), 1987)

6.28.020 Prohibited Riding Areas. A skateboard shall not be ridden on a sidewalk in the following areas:

(A) On Maple Street between Second and Azalea Streets.

(B) On E. Main Street between N. Larch and Maple Streets.

(C) All other areas specifically posted to prohibit the use of skateboards. (Ord. 382, §1(part), 1987)

6.28.030 Duty to Yield. A person riding a skateboard shall yield the right-of-way to pedestrians, and shall yield the right-of-way to motor vehicles when approaching or crossing a driveway. (Ord. 382, §1(part), 1987)

6.28.040 Duty to Obey Traffic Control Devices. A person riding a skateboard upon a public street shall obey all traffic control devices. (Ord. 382, §1(part), 1987)

6.28.050 Seizure of Skateboards. At such time as a citation is issued to a skateboard rider who is in violation of this Chapter, the police may seize the skateboard upon which the violator was riding.

(A) A skateboard may be recovered from the Yamhill Police Department during the office hours of City Hall which are 9:00 a.m. and noon and 1:00 p.m. and 5:00 p.m. Monday through Friday, by an adult rider 24 hours after being seized.

(B) A skateboard may be recovered from the Yamhill Police Department during the office hours of City Hall which are 9:00 a.m. and noon and 1:00 p.m. and 5:00 p.m. Monday through Friday, by a juvenile offender 24 hours after being seized. A board shall only be released to a juvenile offender when accompanied by a parent or guardian. (Ord. 382, §1(part), 1987)

6.28.060 Procedure. A citation to appear in the Yamhill Municipal Court for violation of this Chapter shall be issued to the alleged violator stating the date, time, and place to appear and the date and place of the alleged offense. At the request of the offender, a trial shall be conducted before the court without a jury. (Ord. 382, §1(part), 1987)

6.28.070 Penalty. The penalty for violation of any provisions of this Chapter shall be a fine not less than $5.00, and not more than $100.00. (Ord. 382, §1(part), 1987)

SECTION 2. This Ordinance hereby supersedes the Ordinance Numbers 262, 314, 352, 364, 382, 394, 395, 397, and 407. Any other ordinances or parts of ordinances dealing with the establishment and enforcement of Vehicular and/or Pedestrian Traffic Regulations, of the City of Yamhill, that are in conflict herewith, are hereby repealed.

SECTION 3. This Ordinance being necessary for the immediate preservation of the public peace, health and safety of the City of Yamhill, Oregon, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately upon passage. The emergency being for the uniformity of reference (by city personnel, as well as any citizen and/or building program applicant); uniformity as to citations into the Municipal Court; and due to the fact that the Yamhill Municipal Code is already in use.

INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 13th day of May , 1998.