Sections:
10.08.010 Administration.
10.08.020 Authority of police and fire officers.
10.08.030 Unlawful marking.
10.08.040 Prohibited parking.
10.08.050 Use of loading zone.
10.08.060 Use of passenger loading zone.
10.08.070 Stopping, standing or parking of buses and taxicabs regulated.
10.08.080 Restricted use of bus and taxicab stands.
10.08.090 Exemption.
10.08.100 Use of sidewalks.
10.08.110 Crossing at right angles.
10.08.120 Pedestrians must use crosswalks.
10.08.130 Permits required for parades.
10.08.140 Funeral procession.
10.08.150 Drivers in procession.
10.08.160 Driving through procession.
10.08.170 Use of roller skates restricted.
10.08.180 Play streets.
10.08.190 Prohibited trucking streets.
10.08.200 Oversize vehicles— Permits.
10.08.210 Damaging sidewalks and curbs.
10.08.220 Obstructing streets.
10.08.230 Removing glass and debris.
10.08.240 Emergency vehicles.
10.08.250 Illegal cancellation of traffic citations.
10.08.260 Citation.
10.08.270 When warrant to be issued.

10.08.010 Administration.
    A. The City Manager, for best use of the streets in the public interest, shall exercise the following powers subject to approval by the City Council, based on standards established by the State Highway Commission and recognized traffic control standards, such as the Manual on Uniform Traffic Control Devices published by the Bureau of Public Roads; providing, where required by the Motor Vehicle Laws of Oregon, approval by the State Highway Commission has been secured:
    1. Designate streets, portions of streets, sides of streets or City-owned or leased land upon which parking or standing shall be prohibited during certain hours or limited as to the amount of time during which a vehicle may remain so standing or parked, or the angle of such parking.
    2. Designate through streets.
    3. Designate one-way streets.
    4. Designate truck routes.
    5. Designate streets where trucks, machinery or any other large or heavy vehicles exceeding specified weights shall be prohibited.
    6. Designate where traffic control signals shall be placed and the time of operation of such signals.
    7. Establish bus stops, bus stands, taxicab stands and stands for other passenger common-carrier vehicles.
    8. Designate the location of passenger loading zones for use in front of the entrance to any hotel, auditorium, theater, church, school or public building.
    9. Designate and cause to be placed or maintained appropriate signs, marks, or lines for:
    a. Intersections where drivers of vehicles shall not make right, left or U-turns, and the times such prohibitions shall apply;
    b. Crosswalks at intersections where deemed necessary for pedestrian safety;
    c. Safety zones of such kind and character and at such places as deemed necessary for pedestrian safety;
    d. Playstreets, or such hours when certain streets may be used as such, on which no person shall drive a vehicle upon such street or portion thereof; except drivers of vehicles having business or whose residences are within such closed area, and then such driver shall exercise the greatest care in driving upon such street.
    10. Cause to be placed or marked and maintained;
    a. Traffic control signs;
    b. Parking spaces;
    c. Traffic lanes and other symbols;
    d. All other signs and markings necessary to implement traffic and parking controls.
    11. Designate streets, portions of streets, sides of streets or City owned or leased land upon which parking shall be prohibited outright or during certain hours if such vehicle shall have a length, width or other dimension or characteristic in excess of or not complying with those determined by the City Manager for such location, or he or she may likewise designate locations where it shall be unlawful for any person to park a vehicle which is not designed for self-propulsion and which is not attached to a vehicle which is self-propelled or designed for self-propulsion.
    B. Penalties. Any person who shall violate any provision of this chapter or a designation established pursuant hereunder shall be guilty of a civil infraction. Citations for illegal parking and other municipal parking violations constituting infractions hereunder may be prosecuted by the issuance of a parking citation. The common Council of the City of Waldport may from time to time by resolution establish a bail (forfeiture or appearance security) schedule with respect to such matters. In the matter of such parking citations, the responsible party may answer by depositing in the District Court the amount of bail so established for the offense charged, although such deposit shall not preclude the court from requiring an appearance and imposing such other penalty as permitted by law. If no such appearance is required by the court, the amount of bail so deposited shall be declared forfeited by the court, which shall constitute a full and complete disposition of the parking infraction. (Ord. 620 §§ 1, 2, 1995: Ord. 354 § 2, 1975; Ord. 281 § 3, 1961)

10.08.020 Authority of police and fire officers.
    A. It shall be the duty of the police department, through its officers, to enforce the provisions of this chapter.
    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 chapter.
    C. Members of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. (Ord. 281 § 5, 1961)

10.08.030 Unlawful marking.
Except as provided by this chapter, it is unlawful for any person to letter, mark or paint in any manner any letters, marks or signs on any sidewalk, curb or other portion of any street, or to post anything designed or intended to prohibit or restrict parking on any street. (Ord. 281 § 9, 1961)

10.08.040 Prohibited parking.
In addition to provisions of the Motor Vehicle Laws of Oregon prohibiting parking, no person shall park:
    A. A vehicle upon a bridge, viaduct or other elevated structure used as a street, unless otherwise indicated by lawfully installed signs, or a vehicle upon a street in such a manner as to prevent orderly two-way traffic.
    B. A vehicle in any alley except to load or unload persons or materials not to exceed thirty (30) minutes, and then only in such manner as to leave available space for another vehicle to pass such parked vehicle.
    C. A vehicle upon any street for the principal purpose of:
    1. Displaying such vehicle for sale;
    2. Washing, greasing or repairing such vehicle, except repairs necessitated by an emergency;
    3. Displaying advertising from such vehicle;
    4. Selling merchandise from such vehicle except in a duly established market place, or when so authorized or licensed under the ordinances of this City;
    5. Storage, or as junkage or dead storage for more than seventy-two (72) consecutive hours.
    D. A vehicle upon any parkway except where specifically authorized. (Ord. 281 § 12, 1961)

10.08.050 Use of loading zone.
No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials or freight in any place designated as a loading zone during the hours when the provisions applicable to loading zones are in effect. In no case shall the stop in an unmetered loading zone for loading and unloading of passengers and personal baggage exceed thirty (30) minutes, nor the loading or unloading of materials exceed thirty (30) minutes, except as otherwise provided by signs designating the maximum period a loading zone may be used. (Ord. 281 § 13, 1961)

10.08.060 Use of passenger loading zone.
No person shall stop, stand or park a vehicle for any purpose other than for the expeditious loading or unloading of passengers in any place designated as a passenger loading zone during the hours when the provisions applicable to passenger loading zones are in effect, and then only for a period not to exceed three minutes. (Ord. 281 § 14, 1961)

10.08.070 Stopping, standing or parking of buses and taxicabs regulated.
The driver of a bus or taxicab shall not stand or park such vehicle upon any street in any business district at any place other than at a bus stand or taxicab stand, respectively, except that this provision shall not prevent the driver of any taxicab from temporarily stopping for the purpose of and while actually engaged in the loading or unloading of passengers. (Ord. 281 § 15, 1961)

10.08.080 Restricted use of bus and taxicab stands.
No person shall stop, stand or park a vehicle other than a bus in a bus stand or other than a taxicab in a taxicab stand, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab about to enter or using such zone. (Ord. 281 § 16, 1961)

10.08.090 Exemption.
The provisions of this chapter regulating the parking or standing of vehicles shall not apply to any vehicle of a City department or public utility while necessarily in use for construction or repair work on the street, or any vehicle owned by the United States while in use for the collection, transportation or delivery of United States mail. (Ord. 281 § 18, 1961)

10.08.100 Use of sidewalks.
Pedestrians shall not use any roadway for travel when abutting sidewalks are available. (Ord. 281 § 19, 1961)

10.08.110 Crossing at right angles.
No pedestrian shall cross a street at any place other than at right angles to the curb or by the shortest route to the opposite curb, except in a marked crosswalk. (Ord. 281 § 20, 1961)

10.08.120 Pedestrians must use crosswalks.
No pedestrian shall cross a street other than within a crosswalk in blocks with marked crosswalks. (Ord. 281 § 21, 1961)

10.08.130 Permits required for parades.
No procession or parade, except a funeral procession, the forces of the United States armed forces and the military forces of this State, shall occupy, march or proceed along any street except in accordance with a permit issued by the chief of police. Such permit may be granted where it is found that such parade is not to be held for any unlawful purpose and will not in any manner tend to a breach of the peace, cause damage or unreasonably interfere with the public use of the streets or the peace and quiet of the inhabitants of this City. (Ord. 281 § 22, 1961)

10.08.140 Funeral procession.
Vehicles in a funeral procession may be escorted by at least one person authorized by the chief of police to direct traffic for such purposes and shall follow routes established by the chief of police. (Ord. 281 § 23, 1961)

10.08.150 Drivers in procession.
Except when approaching a left turn, each driver in a funeral or other procession shall drive along the right-hand traffic lane and shall follow the vehicle ahead as closely as is practical and safe. (Ord. 281 § 24, 1961)

10.08.160 Driving through procession.
No driver of a vehicle shall cross through a procession except where traffic is controlled by traffic control signals or when so directed by a police officer. This provision shall not apply to authorized emergency vehicles. (Ord. 281 § 25, 1961)

10.08.170 Use of roller skates restricted.
No person upon roller skates, or riding in or by means of any coaster, toy vehicle or similar device, shall go upon any street except a play street, or except to cross at a crosswalk. (Ord. 281 § 37, 1961)

10.08.180 Play streets.
No person shall drive a vehicle upon a street during the hours when it has been designated and is being used as a play street, except drivers having business on such street or whose residences are along such street; and then such driver shall exercise his or her greatest care in driving on such street. (Ord. 281 § 38, 1961)

10.08.190 Prohibited trucking streets.
When the use of certain streets is prohibited to trucks exceeding a specified weight, no person shall operate a truck on such streets contrary to such prohibition, except for the purpose of delivering or picking up materials or merchandise, but then only by entering such streets at the intersection nearest the destination of the vehicle and leaving by the shortest route. (Ord. 281 § 39, 1961)

10.08.200 Oversize vehicles—Permits.
When written application is made therefor, the Council, in accordance with applicable provisions of the Motor Vehicle Laws of Oregon, may grant permits for the use of the streets by vehicles, combination of vehicles or other property, which are prohibited by State law from using the streets because of excessive weight, length or width; and it may set out in such permit such conditions, regulations and restrictions as the public interest may require, and which shall be sufficient to prevent injury or damage to streets, sidewalks and all other improvements or private property and to protect the public. Such permit may be canceled at any time by the Council upon satisfactory proof that the permittee has violated any of the terms of the permit, and when in the judgment of the Council the public interest requires cancellation. (Ord. 281 § 40, 1961)

10.08.210 Damaging sidewalks and curbs.
    A. The driver of a vehicle shall not drive upon a sidewalk or parkway area except to cross at a permanent or temporary driveway.
    B. A temporary driveway may be used only after first obtaining a written permit therefor from the City Engineer who may impose such requirements as are necessary to protect the public improvements within the street at the temporary driveway.
    C. Any person who damages or causes to be damaged any public improvement within the street by driving a vehicle upon or within any sidewalk or parkway area shall be liable for such damage regardless of whether or not the damage resulted from the authorized use of a temporary driveway. (Ord. 281 § 41, 1961)

10.08.220 Obstructing streets.
Except as provided by this chapter or any other ordinance of the City, no person shall place, park, deposit or leave upon any street or other public way, sidewalk or curb any article or thing or material which in any way prevents, interrupts or obstructs the free passage of pedestrian or vehicular traffic, or obstructs a driver's view of traffic control signs and signals. (Ord. 281 § 42, 1961)

10.08.230 Removing glass and debris.
Any party to a collision or other vehicle accident or any other person causing glass or other material or substance likely to injure any person, animal or vehicle to be upon any street in this City shall, as soon as possible, remove or cause to be removed from such street all such glass or other material or substance. (Ord. 281 § 43, 1961)

10.08.240 Emergency vehicles.
The provisions of this chapter 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 chapter.
    B. A driver of a police or fire department vehicle, when operating such vehicle in an emergency, may disregard regulations governing turning in specific directions so long as he or she 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 or her reckless disregard of the safety of others. (Ord. 281 § 45, 1961)

10.08.250 Illegal cancellation of traffic citations.
It is unlawful for any person to cancel or solicit the cancellation of any traffic citation in any manner except where approved by the municipal judge. (Ord. 281 § 47, 1961)

10.08.260 Citation.
For the violation of any provisions of this chapter, the police department may issue a citation which shall be in the nature of a notice to appear at a time and place certain. (Ord. 281 § 48, 1961)

10.08.270 When warrant to be issued.
If any person fails to comply with the terms of a traffic citation, the chief of police may secure and have served a warrant for the arrest of such person. (Ord. 281 § 49, 1961)

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Chapter 10.12

RECREATIONAL VEHICLE PARKING

 Sections:
10.12.010         Definitions.
10.12.020         Parking—Permit.
10.12.030         Violation—Penalty. 

10.12.010    Definitions.
    As used in this chapter:
    “Boat” means every description of watercraft used or capable of being used as a means of transportation on the water, but does not include aircraft equipped to land on water, boathouses, floating homes, air mattresses, beach and water toys or single inner tubes.
    “Camper” means a structure that:
    1.    Has a floor;
    2.    Is designed to be mounted upon a motor vehicle;
    3.    Is not permanently attached to a motor vehicle upon which it is mounted;
    4.    Is designed to provide facilities for human habitation or for camping;
    5.    Is six feet or more in overall length;
    6.    Is five and one-half feet or more in height from floor to ceiling at any point; and
    7.    Has no more than one axle designed to support a portion of the weight of the camper.
    “Motor home” means a motor vehicle that:
    1.    Is reconstructed, permanently altered or originally designed to provide facilities for human habitation; or
    2.    Has a structure permanently attached to it that would be a camper if the structure was not permanently attached to the motor vehicle.
    “Recreational vehicle” means a boat, camper, motor home, or travel trailer.
    “Travel trailer” means a tent trailer or any other trailer that:
    1.    Is of a type designed to be used on the highways;
    2.    Is capable of use for human habitation;
    3.    Is not more than eight feet wide, as measured when any expansion sides or “tipouts” are in the usual travel position;
    4.    Is six feet or more in height from floor to ceiling, as measured with any expansion sides of “tipouts” fully extended and the trailer fully telescoped to the full extent; and
    5.    Except for a tent trailer, has four permanent walls when in the usual travel position.
    “Utility trailer” means every vehicle without motive power designed to be drawn by another vehicle. Utility trailer includes, but is not limited to, the following types of trailers:
    1.    Balance trailers;
    2.    Bus trailers;
    3.    Commercial bus trailers;
    4.    Farm trailers;
    5.    Pole trailers;
    6.    Semitrailers;
    7.    Truck trailers;
    8.    Self-supporting trailers; and
    9.    Special use trailers. (Ord. 567 § 2, 1990)

10.12.020    Parking—Permit.
    A.    No recreational vehicle or utility trailer shall be parked for any period of time exceeding seventy-two (72) hours on a public street; provided, however, that nothing in this section shall prohibit use of recreational vehicles as provided in Section 16.12.010(E) of this code.
    B.    A recreational vehicle or utility trailer parked on private property or on a public street shall not obstruct traffic or impair vision for motorists.
    C.    A property owner may apply for a permit allowing a recreational vehicle to be parked on a public street for a period not to exceed fourteen (14) days. The permit shall be approved by the chief of police. The total number of days for which permits can be issued for any property owner may not exceed thirty (30) days in any sixty (60) day period; provided, however, that if all property owners owning property within one hundred (100) linear feet of the corners of the applicant's property fronting on the street for which a permit is applied for, or within one hundred fifty (150) feet on either side of a point directly opposite from the midpoint of the applicant's property fronting the street for which application is made, agree in writing that the permits applied for may exceed thirty (30) days in a sixty (60) day period; then additional permits may be allowed. (Ord. 567 § 3, 1990)

10.12.030    Violation—Penalty.
    Any person who violates any of the provisions of this chapter, as now constituted or hereafter amended or revised, commits a Class C civil infraction and shall be subject to the procedures and penalties of Chapter 1.08 of this code, as now constituted or hereafter amended or revised. (Ord. 661 § 6, 1999: Ord. 567 § 4, 1990)

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Chapter 10.16

ABANDONED VEHICLES

 Sections:
10.16.010 Definitions.
10.16.020 Impoundment of nonabandoned vehicles.
10.16.030 Impoundment of abandoned vehicles.
10.16.040 Notice to registered owner.
10.16.050 Hearing.
10.16.060 Release of vehicle prior to hearing.
10.16.070 Creation of lien.
10.16.080 Disposition of unclaimed vehicle.
10.16.090 Low value vehicle.
10.16.100 Public sale notice.
10.16.110 Public sale.
10.16.120 Sale and proceeds.
10.16.130 Towing and storage charges.
10.16.140 Collection of impound charges, attorney's fees.
10.16.150 Application.

10.16.010 Definitions.
As used in this chapter, unless the context requires otherwise:
    "Abandoned" means a vehicle which is parked or left standing in the same general area upon any street, alley, municipal parking facility, or any public right-of-way within the City for a period exceeding seventy-two (72) hours.
    "Chief of police" includes any authorized law enforcement officer of the City, or City-employed parking-control officer.
    "City" means the City of Waldport.
    "Owner" means, except as the context shall otherwise describe, any individual, firm, corporation or unincorporated association with a claim, either individually or jointly, of ownership or any interest, legal or equitable, in a vehicle.
    "Registered owner" means the individual, firm, corporation or unincorporated association, either individually or jointly, as shown by the records of the Motor Vehicle Division of the State of Oregon as the registered owner, not including the person shown to hold a security interest in the vehicle.
    "Tow-away zone" means that street, alley, public right-of-way, or municipal parking facility, or portion thereof, which has been designated by lawful authority to permit the chief of police to impound and remove a vehicle violating a parking or other traffic restriction.
    "Traffic hazard" means any vehicle stopped, parked, or standing on a street, alley, public right-of-way or municipal parking facility in such a manner as to interfere, impede or obstruct, or to be likely to interfere, impede or obstruct, either directly or indirectly, the orderly flow of vehicular or pedestrian traffic on a street, alley, public right-of-way, municipal parking facility, or access to private property from a street, alley, public right-of-way, or municipal parking facility.
    "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks. (Ord. 508 § 1, 1985)

10.16.020 Impoundment of nonabandoned vehicles.
    A. The chief of police may immediately impound any vehicle without notice to the owner which:
    1. Is disabled, parked or standing upon a street, alley, public right-of-way, or municipal parking facility in such a manner as to constitute a traffic hazard;
    2. Is parked or standing upon a tow-away zone or has violated a designated parking or traffic restriction;
    3. Is reported as stolen or involved in a crime;
    4. Has four or more unpaid parking violations outstanding on said vehicle; or
    5. Is parked or left standing upon City property or private property without express consent of the owner or person in possession or control of the property.
    B. When a vehicle has been impounded in accordance with this section, notice shall be given pursuant to Section 10.16.040 of this chapter within forty-eight (48) hours after impoundment; but if impoundment occurs on a Saturday, Sunday or holiday, notice shall be given not later than the next following business day. (Ord. 508 § 2, 1985)

10.16.030 Impoundment of abandoned vehicles.
    A. If a vehicle is abandoned, notice shall be given to the owner pursuant to Section 10.16.040 of this chapter within forty-eight (48) hours after a notice has been posted on the vehicle. The chief of police shall post in a conspicuous manner on the vehicle a notice conforming substantially to the following form:

CITY OF WALDPORT
NOTICE TO OWNER OF ABANDONED VEHICLE
This vehicle has been found parked or left standing upon a street, alley, municipal parking facility, or public right-of-way within the City of Waldport in the same general area for more than seventy-two (72) hours.
    The Waldport Police Department will remove and impound this vehicle under the authority of Waldport Ordinance No. at any time after five (5) days (excluding weekends and holidays) from the date set forth below UNLESS:
    1)　This vehicle is removed, or
    2)　The owner requests a hearing to determine whether this vehicle should be removed and impounded by the City of Waldport.
Contact the Waldport Police Department or Waldport City Hall, Waldport, for full notice of the Ordinance provisions. The owner of this vehicle is entitled to a hearing on this matter before the Municipal Judge of Waldport and may request a hearing or obtain information on the location of the vehicle after it has been impounded by contacting the Waldport Police Department.

TIME OF POSTING: AM/PM
DATE:
Officer
Waldport Police Dept.
MAKE OF VEHICLE:
LICENSE
LOCATION

    B. The chief of police may impound any abandoned vehicle if:
    1. The owner has not requested a hearing within five days (excluding weekends and holidays) after a notice has been posted on the vehicle pursuant to subsection A of this section and notice has been given to the registered owner pursuant to Section 10.16.040 of this chapter; or
    2. The chief of police has been directed by the municipal judge to impound the vehicle pursuant to Section 10.16.050(D) of this chapter. (Ord. 508 § 3, 1985)

10.16.040 Notice to registered owner.
    A. Manner of Notifying Registered Owner. The chief of police shall make a diligent inquiry as to the name and address of the registered owner of the vehicle by examining the vehicle's license number, identification number, make, style, and other information which may aid in the identification of the registered owner of the vehicle. If the registered owner is ascertained, a notice shall be mailed by certified mail, return receipt requested, to the registered owner's address as shown by the records of the Motor Vehicle Division. Notice shall be deemed given upon mailing.
    B. Content of Notice to Registered Owner. The notice shall include, in addition to those requirements set forth in Oregon Revised Statutes Chapter 483, the following:
    That if the owner requests a hearing, said person shall, at the time of requesting a hearing, deposit with the City of Waldport a thirty-five dollar ($35.00) security deposit, and that if the owner fails to appear at the hearing, such nonappearance shall constitute a revocation of the request for hearing, and the municipal court may order the retention of the security deposit by the City for the cost of the hearing.
    C. Knowledge by Owner. Notwithstanding any provision of this section, if the owner of the vehicle has knowledge that the vehicle was impounded or is proposed to be impounded by the City, full and complete notice as provided by this section shall be deemed given when the owner knew of the impoundment or proposed impoundment by the chief of police. (Ord. 508 § 4, 1985)

10.16.050 Hearing.
    A. Request for Hearing. A hearing will be held only if the owner of the vehicle submits a signed, written request for a hearing to the Waldport municipal court, setting forth therein the specific grounds upon which the person requesting the hearing believes the custody and removal of the vehicle is not justified. The request must be submitted within five days (excluding weekends and holidays) of date of impoundment or date when notice of proposed impoundment was posted on the vehicle and given to the registered owner.
    B. Security Deposit/Revocation of Request for Hearing. Any person requesting a hearing under the terms and provisions of this chapter shall post, at the time of requesting a hearing, a thirty-five dollars ($35.00) security deposit. If the person fails to appear at the hearing, such nonappearance shall be deemed a revocation of the request for hearing, and the security deposit may be retained by the court for costs of the hearing. Any person who secures the release of an impounded vehicle by posting fifty dollars ($50.00), pursuant to Section 10.16.060 of this chapter, is not required to post the aforementioned thirty-five dollars ($35.00) security deposit.
    If the person requesting the hearing appears at the hearing, the security deposit shall be refunded to such person if the municipal judge orders the vehicle to be released, but if the municipal judge orders that the vehicle should be impounded or should remain impounded, the municipal judge may order that the security deposit shall be applied toward costs of the hearing or toward any towing or storage charges incurred or to be incurred with respect to the vehicle.
    C. Scheduling of Hearing. Within five days (excepting weekends and holidays) of the request for a hearing by the owner of the vehicle either impounded or proposed to be impounded, a hearing shall be held before the municipal judge, unless the judge otherwise orders.
    D. Scope of Hearing, Burden of Proof. It shall be the burden of the chief of police to prove, by a preponderance of the evidence, the lawfulness of the impoundment or proposed impoundment, that notice was given in accordance with this chapter and the amount of towing and storage charges.
    E. Result of Hearing. If the municipal judge orders that the vehicle should be impounded or should remain impounded, and finds that notice was given to the registered owner as required and that the amount of towing and storage charges are just and reasonable, the municipal judge shall order that there be a lien on the vehicle for the amount of towing and storage charges then due and owing and all such charges accruing thereafter. If the vehicle is proposed to be impounded, then the municipal judge shall direct the chief of police to impound the vehicle.
    If the municipal judge orders the vehicle to be released to the owner, all moneys posted shall be refunded to the owner. (Ord. 508 § 5, 1985)

10.16.060 Release of vehicle prior to hearing.
    If a vehicle is impounded by the chief of police pursuant to Section 10.16.020 of this chapter, the owner may obtain the release of the vehicle by paying the amount of the accrued towing and storage charges, or posting with the chief of police a cash bond in the amount of fifty dollars ($50.00), whichever is less, and requesting a hearing within the permitted time. The chief of police shall thereafter order the vehicle released. (Ord. 508 § 6, 1985)

10.16.070 Creation of lien.
Any person who, at the request of the chief of police, tows a vehicle, shall have a lien on the vehicle, and its contents for the just and reasonable towing and storage charges, and unless a hearing is requested and bond posted in accordance with this chapter, may retain possession of the vehicle until the charges are paid. (Ord. 508 § 7, 1985)

10.16.080 Disposition of unclaimed vehicle.
    A. Any impounded vehicle and its contents may be sold, junked or dismantled as provided hereafter only if the owner has not requested a hearing pursuant to Section 10.16.050(A) of this chapter or the municipal judge has found the impoundment to be valid, and the owner has either not reclaimed the vehicle within thirty (30) days after impoundment or within fifteen (15) days after impoundment and notice of intent to junk or dismantle has been given if the vehicle is appraised at less than seven hundred fifty dollars ($750.00).
    B. Prior to any sale or dismantling, the vehicle shall be appraised by an appraiser licensed by the State of Oregon and who holds a valid permit under ORS 483.396. (Ord. 508 § 8, 1985)

10.16.090 Low value vehicle.
    A. If the vehicle is appraised at seven hundred fifty dollars ($750.00) or less, the chief of police shall file with the Motor Vehicle Division an affidavit describing the vehicle, including the license plates, if any, stating the location and appraised value of the vehicle, and stating the vehicle will be sold to a licensed auto wrecker. The chief of police shall state that notice of intent to junk or dismantle the vehicle has been sent with notification of the location of the vehicle to the registered owner, or shall state that the owner has signed a release, under oath, disclaiming any future interest in the vehicle, which release shall be forwarded to the Motor Vehicle Division.
    B. Failure of an owner to reclaim the vehicle within fifteen (15) days after the date notification is mailed shall constitute a waiver of his or her interest in the vehicle.
    C. Upon completion and forwarding of the affidavit and expiration of the time period stated in subsection B of this section, the chief of police may, without further notice and public auction, dispose of the vehicle to an auto wrecker licensed under ORS 481.355 and execute a certificate of sale.
    D. The certificate of sale shall read substantially as follows:

CERTIFICATE OF SALE
    This is to certify that under the provisions of City of Waldport "Abandoned Vehicle Ordinance" No. , I did on the day of , 19 , sell to (name and address) for the sum of $ cash, the following described personal property, to-wit;
(brief description of the property)
And in consideration of the payment of the said sum of $ , receipt of which is hereby acknowledged, I have this day delivered to said purchaser the foregoing property.
Cost of Sale: $
Cost of Towing and Storage: $
Dated this day of , 19 .
Note: The City of Waldport assumes no responsibility as to the condition of title of the above-described property. In case this sale shall for any reason be invalid, the liability of the City is limited to the return of the purchase price.
(Ord. 508 § 9, 1985)

10.16.100 Public sale notice.
If the vehicle is appraised over seven hundred fifty dollars ($750.00) the chief of police shall give notice of the public sale in accordance with the requirements imposed upon a lien claimant under ORS 87.192 through .196. (Ord. 508 § 10, 1985)

10.16.110 Public sale.
    A. If the owner does not reclaim the vehicle prior to the date and time set for public sale of a vehicle appraised over seven hundred fifty dollars ($750.00), the chief of police or his or her designate shall hold a sale at the time and place appointed.
    B. The vehicle shall be sold to the highest bidder, providing that if no bids are entered, or those bids which are entered are less than the costs incurred by the City, the chief of police or his or her designate may enter a bid on behalf of the City in an amount equal to such costs.
    C. At the time of payment of the purchase price, the chief of police shall execute a certificate of sale, in duplicate; one certificate shall be delivered to the Motor Vehicle Division, and one certificate shall be filed with the City Recorder of the City.
    D. The certificate of sale shall read substantially as follows:
CERTIFICATE OF SALE
This is to certify that under the provisions of City of Waldport "Abandoned Vehicle Ordinance" No. , and pursuant to due notice of the time and place of sale, I did on the day of , 19 , sell to (name and address) for the sum of $ cash, (s)he being the highest bidder, and that being the highest and best sum bid therefor, the following described personal property, to-wit;
(brief description of the property)
And in consideration of the payment of the said sum of $ , receipt of which is hereby acknowledged, I have this day delivered to said purchaser the foregoing property.
Cost of Sale: $
Cost of Towing and Storage: $
Dated this day of , 19 .
Note: The City of Waldport assumes no responsibility as to the condition of title of the above-described property. In case this sale shall for any reason be invalid, the liability of the City is limited to the return of the purchase price. (Ord. 508 § 11, 1985)

10.16.120 Sale and proceeds.
    A. Upon a sale being consummated, the chief of police shall deliver the vehicle and a copy of the certificate of sale to the purchaser. The sale and conveyance shall be without redemption.
    B. The proceeds of a sale shall be applied:
    1. To the payment of costs and expenses of the sale incurred by the City; and
    2. Then, for towing and storage charges; and
    3. The balance, if any, shall be transferred to the City Recorder of the City to be credited to the general fund.
    4. At any time within one year after sale of the vehicle, the former owner of the vehicle may recover the proceeds from the general fund by filing a claim with the City Recorder. (Ord. 508 § 12, 1985)

10.16.130 Towing and storage charges.
Where a private garage is utilized to impound vehicles, the garage shall charge only just and reasonable fees for such services.
    If the owner of an impounded vehicle obtains release of the vehicle by posting a bond, the City shall indemnify a private garage for any uncollected amounts for services rendered in impounding the vehicle. (Ord. 508 § 13, 1985)

10.16.140 Collection of impound charges, attorney's fees.
In the event an owner posts moneys for release of the vehicle as provided by this chapter and, after hearing, the municipal court determines the just and reasonable towing and storage charges, the moneys shall be credited to said charges, and any unpaid balance remaining shall be paid by the owner within twenty-four (24) hours after the hearing. If the owner should fail or refuse to pay the unpaid charges, then the City or private garage may institute legal proceedings for said unpaid charges and the owner shall be obligated for all reasonable attorney's fees incurred for trial, and if appeal is taken therefrom, the owner shall be liable for the reasonable attorney's fees incurred on appeal. (Ord. 508 § 14, 1985)

10.16.150 Application.
This chapter shall apply to all impounded vehicles now in the possession of the City as well as to abandoned vehicles that are hereafter impounded. (Ord. 508 § 15, 1985)

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Chapter 10.20

 VEHICLE IMPOUNDMENT

Sections:
10.20.010 Temporary impoundment.
10.20.020 Redemption.
10.20.030 Inventory search.
10.20.040 Hearing.
10.20.050 Disposal.

10.20.010 Temporary impoundment.
Whenever a traffic citation is issued, or a physical arrest made for violation of the Vehicle Code of the State of Oregon, or local traffic regulations, and the driver of such motor vehicle does not possess a valid operator's license, or is driving uninsured, or is driving on a suspended or revoked license, the vehicle shall be temporarily impounded and towed by the City or a licensed towing company to the City impound lot, garage, or other suitable storage place. (Ord. 627 § 1, 1996)

10.20.020 Redemption.
The owner of the impounded vehicle, or the owner's authorized agent, may redeem such vehicle upon payment of the towing bill, up to one hundred dollars ($100.00) impound fee and storage fees in an amount not to exceed twenty dollars ($20.00) per day commencing at 0001 hours on the day following the impounding of the vehicle. In addition, the City shall collect a twenty-five dollar ($25.00) administrative fee payable to the City of Waldport. If redemption is not made within thirty (30) days after the vehicle is impounded, then such vehicle shall be disposed of in accordance with the procedure provided by this chapter for the disposal of discarded vehicles. The twenty-five dollar ($25.00) administrative fee shall be waived on unclaimed vehicles which are disposed of in the aforementioned manner. (Ord. 630 § 1, 1996; Ord. 627 § 2 (part), 1996)

10.20.030 Inventory search.
All vehicles towed and/or impounded under this chapter shall receive an inventory search by the impounding officer. The officer will inventory the impounded vehicle as follows:
    A. An inventory search of the internal seating area of the impounded vehicle to secure and make note of any valuables in the vehicle or items not permanently affixed to the vehicle which the owner or responsible person is not readily able to remove. This inventory search will include but is not limited to the vehicle glove compartment box, underneath the vehicle seats, and belongings located on the seats.
    B. An inventory search of the vehicle trunk area will also be conducted to check for valuables or personal property to be noted and not readily able to be moved by the owner or driver of the vehicle.
    C. This search will be limited to plain view and will include areas where valuables or personal property may be stored.
    D. The inventory results shall be included on the towing impound report form and a copy will be provided to the towing company, the driver of the vehicle, the registered owner, the lien holder, and the Waldport police department. (Ord. 627 § 2 (part), 1996)

10.20.040 Hearing.
The owner must request a hearing within five calendar days of the temporary impounding or notice of the temporary impounding, whichever is the later. The request may be made in person or in writing to the tow hearing coordinator. Failure to make a timely request for a hearing shall constitute a waiver of the right to a hearing.
    A. Hearing Procedures.
    1. When a timely request for a hearing is made, a hearing shall be held before a hearings officer.
    2. The hearing shall be set and conducted within seventy-two (72) hours of receipt of the request, excluding holidays, Saturdays, and Sundays. The hearing can be set for a later date if the owner or person entitled to possession so requests.
    3. At the hearing, the owner may contest the validity of the impound.
    4. The City shall have the burden of proving by a preponderance the validity of the impound.
    B. Decision of the Hearings Officer. If the hearings officer finds that:
    1. Impound of the vehicle was proper, the hearings officer shall:
    a. Enter an order supporting the removal; and
    b. Find that the owner or person entitled to possession is liable for any towing, impound and storage charges resulting from the impound.
    2. Impound of the vehicle was improper, the hearings officer shall:
    a. Order the vehicle released to the owner or person entitled to possession;
    b. Find that the owner or person entitled to possession is not liable for any towing or storage charges resulting from the impound; and
    c. Order the City to satisfy the towing and storage lien.
    3. The decision of the hearings officer is final.
    C. Failure to Appear at the Hearing. If the person requesting the hearing does not appear at the scheduled hearing, the hearings officer may enter an order supporting the impound and assessment of towing, impound and storage costs. (Ord. 627 § 3, 1996)

10.20.050 Disposal.
A discarded/impounded vehicle in possession of the City in excess of thirty (30) days shall be appraised by a person licensed by the Oregon Motor Vehicle Division to appraise vehicles.
    A. If the vehicle is appraised at seven hundred fifty dollars ($750.00) or less, the contracted towing company may dispose of the vehicle without notice at public auction if any of the following occur:
    1. The owner of the vehicle and any lessor or security interest holder shown in the records of the Motor Vehicle Division sign a release, under oath, disclaiming any further interest in the vehicle;
    2. The owner and any lessor or security interest holder shown in the records of the Motor Vehicle Division have been sent notification of the location of the vehicle and, within fifteen (15) days after the date the notification is mailed, the persons notified have not signed releases or the vehicle has not been reclaimed. Failure to sign a release or to claim the vehicle shall constitute a waiver of interest in the vehicle.
    B. If the contracted towing company intends to dispose of a vehicle under this section, the contracted towing company shall do all of the following:
    1. File with the Oregon Motor Vehicle Division an affidavit describing the vehicle, and stating the location and appraised value of the vehicle and that the vehicle will be junked or dismantled.   
    2. Surrender the registration plates of the vehicle, if any, to the Motor Vehicle Division.
    3. Include in the affidavit a statement that any notice required under this section has been provided.
    4. Forward any release of interest completed under this section to the Motor Vehicle Division.
    C. Upon completion of the requirements under this section, the contracted towing company may cause the vehicle to be sold without notice at public auction to any of the persons described in this subsection. The contracted towing company shall issue to the person purchasing the vehicle a certificate of sale in the manner described under ORS 819.240 as now enacted or hereinafter amended, and shall notify the person that the person might be required by the provisions of ORS 819.016 to apply for a salvage title. The contracted towing company may sell a vehicle under this subsection to any of the following:
    1. A wrecker with a certificate issued under ORS 822.110;
    2. Any other person who complies with the requirements of and executes the forms required by ORS 819.010. The forms required by ORS 819.010 shall be included with the certificate of sale described under ORS 819.240.
    D. If the vehicle is appraised over seven hundred fifty dollars ($750.00), the contracted towing company shall cause to be published in a newspaper of general circulation within the City the notice of sale. The contracted towing company shall hold a sale at the time and place appointed within the view of the vehicle to be sold. The sale and proceeds will be handled in accordance with ORS 819.210. (Ord. 627 § 4, 1996)

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Chapter 10.24

 VEHICLE FORFEITURE

Sections:
10.24.010         Seizing of vehicles. 

10.24.010    Seizing of vehicles.
    A.    Pursuant to ORS 203.040, Lincoln County Ordinance No. 335 relating to forfeiture of certain vehicles being driven by persons who are under the influence of intoxicants, which has been codified as Lincoln County Code Sections 2.3000 and 2.3005, and as those code sections may later be amended by subsequent ordinance of the Lincoln County Board of Commissioners, shall apply within the City of Waldport.
    B.    The Lincoln County Sheriff's office may act as the “seizing agency” for purposes of application of the County ordinance described in subsection A of this section within the City of Waldport.
    C.    The Lincoln County Board of Commissioners may also enter into an intergovernmental agreement pursuant to ORS Chapter 190 with the Oregon State Police that permits the Oregon State Police to also act as a “seizing agency” for purposes of application of the County ordinance described in subsection A of this section within the City of Waldport.
    D.    Lincoln County, a political subdivision of the State of Oregon, may act as the “forfeiting agency” for purposes of application of the County ordinance described in subsection A of this section within the City of Waldport.
    E.    The office of Lincoln County legal counsel may act as “forfeiture counsel” for purposes of application of the County ordinance described in subsection A of this section within the City of Waldport. (Ord. 617 §§ 1—5, 1994)

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Chapter 10.28

BICYCLES

Sections:
10.28.010         Registration required.

10.28.010    Registration required.
    A.    Each person who lives within the City limits and who owns and operates a bicycle within the City limits or who lives within the City limits or who owns a bicycle and allows others to use said bicycle shall have said bicycle registered with and licensed by the City police within thirty (30) days of the enactment of the ordinance codified in this chapter or within thirty (30) days of the purchase of said bicycle whichever date is most recent.
    B.    Violation of this section shall subject the owner of said bicycle to a fine not to exceed fifteen dollars ($15.00) for each occurrence and shall subject the operator of said bicycle to a fine not to exceed fifteen dollars ($15.00) for each occurrence. (Ord. 436, 1981)  

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Sections:

10.30.010         Definitions
10.30.020         Riding on public streets prohibited
10.30.030         Observance of traffic control devices and yield of right-of-way
10.30.040         Creation of hazard prohibited
10.30.050         Bicycles
10.30.060         Violation and penalties
10.30.070         Severability

10.30.010     Definitions
    The word "skateboard" shall mean any device with wheels attached to a surface, such surface being designed such that a person or persons may stand, sit or kneel upon it; and is propelled by foot or other mechanical means.
    The word "roller blade" shall mean any device with wheels which are attached to or a part of any shoe or boot.
    The word "scooter" shall include any non-motorized device with wheels and handlebars, excluding bicycles, designed to be propelled by foot or other mechanical means.

10.30.020     Riding on public streets prohibited
    No person shall ride, play with, or use a skateboard, roller blades, scooter or similar device upon any portion of public streets used by motor vehicles.

10.30.030     Observance of traffic control devices and yield of right-of-way
    A person riding, playing with or using a skateboard, roller blades, scooter or similar device shall at all times observe and obey all traffic control devices.
    A person riding, playing with or using a skateboard, roller blades, scooter or similar device shall at all times yield the right-of-way to motorists and pedestrians.

10.30.040     Creation of hazard prohibited
    Travel upon sidewalks and public parking lots shall be in a standing position only. No person shall perform tricks or aerial maneuvers upon public premises, except where permitted.
    No person shall ride, play with, or use a skateboard, roller blades, scooter or similar device in a careless manner. Riding in a careless manner means to create a hazard to property, pedestrians, vehicular traffic, or other persons lawfully using the sidewalks or public parking lots.

10.30.050     Bicycles
    Nothing in this section shall prohibit the lawful use of bicycles in the public streets.

10.30.060     Violation and penalties
    Any person who violates any of the provision of this chapter, as now constituted or hereafter amended or revised, commits a Class "D" civil infraction and shall be subject to the procedures and penalties of Chapter 1.08 of this code, as now constituted or hereafter amended or revised. In addition, the Municipal Court may seize the rider’s skateboard or other device until payment of the required fine. If the fine is not paid within 30 days of imposition of the fine, or if a satisfactory payment agreement has not been entered into, the device may be forfeited to the City and disposed of in any manner permitted for disposal of surplus property.

10.30.070     Severability
    If any portion of this section is determined to be invalid, unconstitutional or unenforceable, the remaining portions of this section shall remain in full force and effect. (Ord. 693, 2003)

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