Chapters 70, 71, and 72 of this Code of Ordinances may be cited as the Hermiston Traffic Code.
(Ord. 1759, passed 3-23-92; Am. Ord. 2050, passed 12-10-01)
The definitions contained in the Motor Vehicle Laws of Oregon shall be used where applicable in this traffic code. Except where the context clearly indicates or requires a different meaning, the definitions contained in the Motor Vehicle Laws of Oregon shall be used where applicable in this traffic code.
(Ord. 1759, passed 3-23-92)
Statutory reference:
Oregon Motor Vehicle Code, see ORS Chs.801 through 823
Subject to state laws, the City Council shall exercise all local traffic authority for the city except those powers expressly delegated by this traffic code or another ordinance. The powers of the City Council include, but are not limited to:
(A) The parking and standing of vehicles by:
(1) Classifying portions of streets upon which either parking or standing or both shall be prohibited, or prohibited during certain hours.
(2) Establishing the time limit for legal parking in limited parking areas.
(3) Designating the angle of parking if other than parallel to the curb.
(4) Designating city owned or leased property on which public parking will be permitted.
(B) Through streets and one‑way streets.
(C) For trucks exceeding specified weights, streets to which they shall be restricted and streets on which they are prohibited.
(D) Traffic‑control signals and the time of their duration.
(E) Bus stops, bus stands, taxicab stands and stands for other passenger common‑carrier vehicles.
(F) Loading zones.
(G) Turn regulations at intersections and driveways.
(H) Marked pedestrian crosswalks and safety zones.
(I) Special speed regulations in city parks.
(J) Parking regulations.
(Ord. 1759, passed 3-23-92; Am. Ord. 2072, passed 7-28-03)
(A) It shall be the duty of the Police Department through its officers to enforce the provisions of this traffic code.
(B) In the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require notwithstanding the provisions of this traffic code.
(C)Members of the Fire Department, when at the scene of a fire, or other public emergency may direct or assist the police in directing traffic thereat or in the immediate vicinity.
(Ord. 1759, passed 3-23-92)
The provisions of this traffic code regulating the operation, parking and standing of vehicles shall apply to authorized emergency vehicles except as provided by the Motor Vehicle Laws of Oregon, and as follows:
(A) A driver, when operating such vehicle in an emergency, except when otherwise directed by a police officer or other authorized person, may park or stand notwithstanding the provisions of this traffic code.
(B) A driver of a police or fire department vehicle, when operating such vehicle in an emergency, may disregard regulations governing turning in specified directions as long as he does not endanger life or property.
(C) The foregoing exemptions shall not, however, protect the driver of any such vehicle from the consequences of his reckless disregard of the safety of others.
(Ord. 1759, passed 3-23-92)
Statutory reference:
Oregon Motor Vehicle Code, see ORS Chs. 801 through 823
It shall be unlawful for any person to cancel or solicit the cancellation of any traffic citation in any manner except where approved by the municipal judge except through appropriate legal proceedings.
(Ord. 1759, passed 3-23-92)
(A) Oregon Revised Statutes 809.720 authorizes a police officer who has probable cause to believe that a person, at or just prior to the time the police officer stops the person, has committed an offense described in this division (A) may, without prior notice, order the vehicle impounded until a person with right to possession of the vehicle complies with the conditions for release or the vehicle is ordered released by a hearings officer. This division (A) applies to the following offenses:
(1) Driving while suspended or revoked in violation of ORS 811.175 or 811.182.
(2) Driving while under the influence of intoxicants in violation of ORS 813.010.
(3) Operating without driving privileges or in violation of license restrictions in violation of ORS 807.010.
(4) Driving uninsured in violation of ORS 806.010.
(B) Community caretaking considerations: Vehicles are not to be towed and/or impounded under the authority of ORS 809.720 under any of the following circumstances:
(1) The vehicle is parked on private property on which the registered owner or operator is legally residing, or the property owner does not object to the vehicle being left in the parked location.
(2) The registered owner and/or a passenger present in the vehicle at the time of the stop have a valid driver's license and are willing and legally able to drive the vehicle at the time.
(3) The vehicle is legally parked at a time and place where the likelihood of it being subject to theft and/or vandalism is remote and traffic or public safety is not impeded.
(C) All impoundment proceedings pursuant to this section shall be done in accordance with ORS 809.716, 809.725, and 819.180 and as supplemented below:
(1) All vehicles towed and impounded shall be by a licensed tow company under contract with the city to a storage site operated by the towing company.
(2) The owner of the impounded vehicle, or the owner's authorized agent, may reclaim such vehicle upon providing proof of ownership, proof of compliance with the financial responsibility laws of the Oregon Motor Vehicle Code and the payment of a towing bill, an impound fee and storage fees on a per‑day basis commencing with the date of impoundment, all as established by resolution of the City Council.
(3) If the vehicle is not reclaimed within 30 days from the date of impoundment, then such vehicle shall be disposed of by the towing‑storage company under contract with the city as authorized by state law for the disposition of unclaimed vehicles.
(4) The City Manager shall adopt a procedure for a hearing to be held before the City Manager, or his or her designee, as hearings officer.
A person entitled to lawful possession of such vehicle may request a hearing to contest the validity of the impoundment of the vehicle by filing a written request at City Hall for such hearing. The hearing must be requested within ten days of when the vehicle was impounded. The City Manager, or his or her designee, shall set a time for hearing the request within ten days after a written request for a hearing is filed with the city. All reasons in division (A) of this section for impounding the motor vehicle may be raised at the hearing and any notice of the reason for impound may be amended to conform to the evidence. (Ord. 1883, passed 6-12-95; Am. Ord. 2082, passed 4-12-04; Am. Ord. 2158, passed 7-13-09)
Anyone who violates any provision Violations of this traffic code, where no specific penalty is otherwise provided, commits a Class A violation shall be punished as provided in §10.99. The municipal court may issue a minimum bail schedule for all offenses contained in this traffic code. Each day any violation described in this traffic code continues shall be treated as a separate offense. Violation of a provision of this traffic code which is identical to state law shall be punishable by a fine not to exceed the penalty prescribed by the state statute.
(Ord. 1759, passed 3-23-92; Am. Ord. 1976, passed 10-26-98)