MUNICIPAL CODE > 10 - Vehicles and Traffic

Title 10 - Vehicles & Traffic

Chapter 10.04 - General Provisions

10.04.010 Short title.
Chapters 10.04 through 10.44 may be cited as "Sandy uniform traffic ordinance." (Ord. 13-73 § 1, 1973.)

10.04.020 Applicability of state traffic laws.
Violation of Oregon Revised Statutes, Chapters 481, 482, 483, 484 and 485 as now or hereafter constituted shall be an offense against this city. (Ord. 13-73 § 2, 1973.)

10.04.030 ORS 483.343 adopted.
Oregon Revised Statute 483.343, as now or hereafter constituted, is adopted by the city and a violation shall be an offense against the city. (Ord. 13-73 § 2A, 1973.)

Chapter 10.08 - Definitions

10.08.010 Generally.
In addition to those definitions contained in the ORS chapters referred to in Chapter 10.04, the words or phrases defined in this chapter, except where the context clearly indicates a different meaning, shall have the meaning as set out herein. (Ord. 13-73 § 3(1) (part), 1973.)

10.08.020 Bicycle.
"Bicycle" means a nonmotorized vehicle designed to be ridden, propelled by human power, and having two or more wheels the diameter of which are in excess of ten inches or having two or more wheels where any one wheel has a diameter in excess of fifteen inches. (Ord. 13-73 § 3(l)(a), 1973.)

10.08.030 Bus stop.
"Bus stop" means a space on the edge of a roadway designated by sign for use by buses loading or unloading passengers. (Ord. 13-73 § 3(1)(b), 1973.)

10.08.040 City manager.
"City manager" means the city manager or his authorized representative. (Ord. 14-74 § 3 (part), 1974; Ord. 13-73 § 3(1)(c), 1973.)

10.08.050 Holiday.
"Holiday" means Sunday and legal holidays. (Ord. 13-73 § 3(l)(d), 1973.)

10.08.060 Loading zone.
"Loading zone" means 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. (Ord. 13-73 § 3(l)(3), 1973.)

10.08.070 Motor vehicle.
"Motor vehicle" means every vehicle that is self-propelled, including tractors, fork-lift trucks, motorcycles, road building equipment, street cleaning equipment and any other vehicle capable of moving under its own power, notwithstanding that the vehicle may be exempt from licensing under the motor vehicle laws of Oregon. (Ord. 13-73 § 3(l)(f), 1973.)

10.08.080 Park or parking.
"Park or parking" means the condition of:

A. A motor vehicle that is stopped while occupied by its operator with the engine turned off;

B. A motor vehicle that is stopped while unoccupied by its operator whether or not the engine is turned off. (Ord. 13-73 § 3(1)(g), 1973.)

10.08.090 Pedestrian.
"Pedestrian" means a person on the public right-of-way except:

A. The operator or passenger of a motor vehicle or bicycle;

B. A person leading, driving or riding an animal or animal-drawn conveyance.
(Ord. 13-73 § 3(l)(h), 1973.)

10.08.100 Stand or standing.
"Stand or standing" means the stopping of a motor vehicle while occupied by its operator with the engine running except stopping in obedience to the instructions of a traffic officer or traffic control device or for other traffic. (Ord. 13-73 § 3(l)(j), 1973.)

10.08.110 Stop.
Stop means complete cessation of movement. (Ord. 13-73 § 3(l)(k), 1973.)

10.08.120 Street and other property open to public travel.
A. Street. The terms "highway," "road," and "street," when used in Chapters 10.04 through 10.44, or in the ORS chapters incorporated herein, shall be considered synonymous unless the context precludes such construction. "Street," as defined herein, and the ORS chapters incorporated by reference herein, includes alleys, sidewalks and parking areas and accessways owned or maintained by the city.

B. "Other property open to public travel" means property, whether publicly or privately owned and whether publicly or privately maintained, upon which the public operates motor vehicles either by express or implied invitation other than streets as defined in subsection A of this section. "Other property open to public travel" includes but is not limited to parking lots, service station lots, shopping center and supermarket parking lots, and other accessways and parking areas open to general vehicular traffic, whether or not periodically closed to public use.
(Ord. 13-73 § 3(l)(l), 1973.)

10.08.130 Taxicab stand.
"Taxicab stand" means a space on the edge of a roadway designated by sign for use by taxicabs. (Ord. 13-73 § 3(l)(m), 1973.)

10.08.140 Traffic control device.
"Traffic control device" means a device to direct vehicular or pedestrian traffic, including but not limited to a sign, signaling mechanism, barricade, button or street or curb marking installed by the city or other authority. (Ord. 13-73 § 3(l)(n), 1973.)

10.08.150 Traffic lane.
"Traffic lane" means that area of the roadway used for the movement of a single line of traffic. (Ord. 13-73 § 3(l)(o), 1973.)

10.08.160 Vehicle.
"Vehicle," as used in subsequent sections of Chapters 10.12 through 10.44, includes bicycles. (Ord. 13-73 § 3(i)(p), 1973.)

Chapter 10.12 - Administration

10.12.010 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.

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 kind of vehicle to protect the streets from damage;

6. Authorization of greater maximum weights or lengths for vehicles using city streets than specified by state law;

7. Initiation of proceedings to change speed zones;

8. Revision of speed limits in parks.
(Ord. 13-73 § 4, 1973.)

10.12.020 Duties of the city manager.
The city manager or his designate shall exercise the following duties:

A. Implement the ordinances, resolutions and motions of the council and his own orders by installing traffic control devices. 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 area and time limitations, including the form of permissible parking (e.g. parallel or diagonal);

C. Issue oversize or overweight vehicle permits.
(Ord. 14-74 § 3 (part), 1974; Ord. 13-73 § 5, 1973.)

10.12.030 Public danger.
Under conditions constituting a danger to the public, the city manager or his designate may install temporary traffic control devices deemed by him to be necessary. (Ord. 14-74 § 3 (part), 1974; Ord. 13-73 § 6,1973.)

10.12.040 Standards.
The regulations of the city manager or his designate shall be based upon:

A. Traffic engineering principles and traffic investigations;

B. Standards, limitations and rules promulgated by the State Highway Commission;

C. Other recognized traffic control standards.
(Ord. 14-74 § 3 (part), 1973; Ord. 13-73 § 7,1973.)

10.12.050 Authority of police and fire officers.
A. It shall be the duty of police officers to enforce the provisions of Chapters 10.04 through 10.44.

B. In the event of a fire or other public emergency, officers of the police and fire departments may direct traffic as conditions require, notwithstanding the provisions of Chapters 10.04 through 10.44 of this code.
(Ord. 13-73 § 8, 1973.)

Chapter 10.16 - Traffic Control Devices

10.16.010 Obedience to and alteration of control devices.
A. No person shall disobey the instruction of a traffic officer or a traffic control device.

B. No unauthorized person shall install, move, remove, obstruct, alter the position of, deface or tamper with a traffic control device.
(Ord. 13-73 § 9, 1973.)

10.16.020 Evidence.
The existence of a traffic control device shall be prima facie evidence that the device was lawfully authorized and installed. (Ord. 13-73 § 10, 1973.)

10.16.030 Existing control devices.
Traffic control devices installed prior to November 19, 1973, are lawfully authorized. (Ord. 13-73 § 11, 1973.)

Chapter 10.20 - General Traffic Regulations

10.20.010 Rules of the road.
In addition to state law, the following shall apply to the operation of vehicles upon the streets of the city:

A. The operator of a vehicle shall not back the vehicle unless the movement can be made with reasonable safety and without interfering with other traffic, and shall yield the right-of-way to moving traffic and pedestrians.

B. The operator of a vehicle in the traffic lane shall have the right-of-way over an operator of a vehicle departing from a parking space.

C. No operator of a vehicle shall pull away from a curb or other parking area without giving an appropriate turn signal when other traffic may be affected.

D. Where a stop sign is erected at or near the entrance to an intersection, the operator of a vehicle approaching shall bring the vehicle to a stop before crossing a stop line or crosswalk; or, if none, then before entering the intersection. Stopping at a point which does not yield an unobstructed view of traffic on the intersecting street shall not constitute compliance with the requirements of this section.

E. Notwithstanding an indication by a traffic control device to proceed:

1. No operator of a vehicle shall enter an intersection unless there is sufficient space on the opposite side of the intersection to accommodate his vehicle without obstructing the passage of other vehicles;

2. No operator of a vehicle shall enter a marked crosswalk, whether or not at an intersection, unless there is sufficient space on the opposite side of the crosswalk to accommodate his vehicle without obstructing the passage of pedestrians.
(Ord. 13-73 § 12, 1973.)

10.20.020 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. 13-73 § 13, 1973.)

10.20.030 Emerging from vehicle.
No person shall open the door of a motor vehicle into a traffic lane without first ascertaining that it can be done in safety. (Ord. 13-73 § 14, 1973.)

10.20.040 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 designed or intended for the use of passengers. This provision shall not apply to an employe 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. 13-73 § 15, 1973.)

10.20.050 Clinging to vehicles.
No person riding upon a bicycle, motorcycle, coaster, roller skates, sled or other device shall attach the device or himself to a moving vehicle upon a street. Nor shall the operator of a vehicle upon a street knowingly allow a person riding on any of the above vehicles or devices to attach himself, the vehicle, or the device to his vehicle. (Ord. 13-73 § 16, 1973.)

10.20.060 Sleds on streets.
No person shall use the streets for traveling on skis, toboggans, sleds or similar devices, except where authorized. (Ord. 13-73 § 17, 1973.)

10.20.070 Damaging sidewalks and curbs.
A. The operator of a vehicle shall not drive upon a sidewalk 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. 13-73 § 18, 1973.)

10.20.080 Obstructing streets.
A. No unauthorized person shall obstruct the free movement of vehicles or pedestrians using the streets.
B. No person shall park or stand a vehicle in such a manner or location that it constitutes a hazard to public safety or an obstruction on the street.
(Ord. 13-73 § 19, 1973.)

10.20.090 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. 13-73 § 20, 1973.)

10.20.100 Funeral processions.
A. A permit shall not be required to conduct a funeral procession.

B. The procession shall proceed to the place of interment by the most direct route which is both legal and practicable.

C. The procession shall be accompanied by adequate escort vehicles for traffic control purposes.

D. All motor vehicles in the procession shall be operated with their lights turned on.

E. No person shall unreasonably interfere with a funeral procession.

F. No person shall operate a vehicle that is not a part of the procession between the vehicles of a funeral procession.
(Ord. 13-73 § 40, 1973.)

Chapter 10.24 - Parking

10.24.010 Method of parking.
A. No person shall stand or park a vehicle in a street other than parallel with the edge of the roadway, headed in the direction of lawful traffic movement, and with the curbside wheels of the vehicle within twelve inches of the edge of the curb, except where the street is marked or signed for angle parking.

B. 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.

C. 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.

D. 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. 13-73 § 22, 1973.)

10.24.020 Prohibited parking and standing.
In addition to those areas designated in ORS 811.550, no person shall stop, park or leave standing any vehicle, trailer or portion thereof whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or traffic control device, in any of the following places:

A. A vehicle upon a bridge, viaduct or other elevated structure used as a street or within a street tunnel unless authorized as in Section H;

B. A vehicle in an alley other than for the expeditious loading or unloading of persons or materials but in no case for a period in excess of thirty consecutive minutes;

C. A truck,  motor truck, semi truck, or semi-trailer as defined in ORS Chapter 801 on any public street excepting on weekdays between the hours of 6 a.m. and 4 p.m. when adjacent to a business or industry normally operating a regular work shift during these hours while loading/unloading such trailers or vehicles in conjunction with the operation of said business for a period not to exceed 2 hours;

D. Upon a parkway, planter strip, sidewalk, traffic circle or median, unless authorized as in section H;

E. A vehicle that obstructs the entrance of any post office or postal station, or is within ten feet of a private mailbox during the hours of 9:00AM to 5:00PM, Monday through Saturday.

F. Parking of unattached semi-trailers is prohibited on any public street unless authorized as in section H;

G. A motor vehicle that is required by state law to be registered that is not registered, whose registration has expired or that does not have a current permit in lieu of registration, or fails to display current registration.

H. Permits authorizing limited duration parking of vehicles described in this section on public streets may be issued at the sole discretion of the City Manager or their designee.
(Ord. 13-73 § 23, 1973, Ord. 2001-05, 2001, Ord. 2011-07, 2011)

10.24.030 Prohibited parking.
No operator shall park and no owner shall allow a vehicle to be parked upon a street for the principal purpose of:

A. Displaying the vehicle for sale;

B. Repairing or servicing the vehicle, except repairs necessitated by an emergency;

C. Displaying advertising from the vehicle;

D. Selling merchandise from the vehicle, except when authorized;

E. Parking or storing a motor vehicle, two-wheel trailer, utility trailer, boat, mobile trailer, camper trailer, camper or recreational vehicle more than seventy-two consecutive hours;

F. Parking restrictions pursuant to ORS 483.364, prohibiting parking on sidewalks, parkways, near fire hydrants, private drives, within intersections, crosswalks, double-parking or parking in violation of posted regulatory signs;

G. Parking in a manner which causes a traffic hazard to any normal flow of traffic.
(Ord. 13-73 § 24, 1973.)

10.24.040 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 thirty minutes. (Ord. 13-73 § 25, 1973.)

10.24.050 Leaving unattended vehicle.
No operator or person in charge of a motor vehicle shall park it or allow it to be parked on a street, on other property open to public travel, or on a new or used car lot without first stopping the engine, locking the ignition, removing the ignition key from the vehicle and effectively setting the brake. If the vehicle is attended, the ignition key need not be removed. (Ord. 13-73 § 26, 1973.)

10.24.060 Action by police officer.
Whenever a police officer finds a motor vehicle parked unattended with the ignition key in the vehicle in violation of Section 10.24.050, 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. (Ord. 13-73 § 27, 1973.)

10.24.070 Standing or parking of buses and taxicabs regulated.
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. 13-73 § 28, 1973.)

10.24.080 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. 13-73 § 29, 1973.)

10.24.090 Lights on parked vehicle.
No lights need be displayed upon a vehicle that is parked in accordance with Chapters 10.04 through 10.44 upon a street where there is sufficient light to reveal a person or object at a distance of at least five hundred feet from the vehicle. (Ord. 13-73 § 30, 1973.)

10.24.100 Posted time limited parking.
Maximum time limited parking for certain streets in downtown Sandy and within the Heritage Square Parking Lot shall be regulated as established by resolution. (Ord. 2013-08, 2013.)

10.24.110  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. 13-73 § 31, 1973.)

10.24.120 Parking violation.
Violation of Sections 10.24.010 to 10.24.130 is punishable by fine as set by resolution. (Ord. 2013-08, 2013.)

10.24.130 Exemption.
The provisions of Chapters 10.04 through 10.44 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 States while in use for the collection, transportation, or delivery of mail.  (Ord. 13-73 § 32, 1973)

Chapter 10.28 - Bicycles

10.28.010 Equipment.
A bicycle operated upon the streets shall be equipped as required by state law. In addition, a bicycle shall be equipped with a brake capable of sliding at least one tire when applied on dry, level, clean pavement. No bicycle shall be equipped with a siren or whistle. (Ord. 13-73 § 33, 1973.)

10.28.020 Rules for operation.
In addition to observing all other applicable provisions of Chapters 10.04 through 10.44 and state law, a rider of a bicycle upon a street shall:

A. Not ride upon a sidewalk within a business district;

B. Yield the right-of-way to pedestrians on sidewalks;

C. On a two-way street, ride to the extreme right except when preparing for a left turn. On a one-way street, ride to the extreme curb side of the traffic lane and with the direction of travel designated for that lane. If the curb lane is designated for left turn or right turn only, and the operator is not intending to turn, he shall operate in the through lane;

D. Not carry a package, bundle or article which prohibits him from having full control of the bicycle and unhindered vision;

E. Not ride abreast of another bicycle or in any manner other than single file, except on designated bicycle paths;

F. Not operate a bicycle in a careless or reckless manner which endangers or would be likely to endanger himself, another, or any property. Racing or trick riding are included in this offense;

G. Not leave a bicycle, except in a bicycle rack. If no rack is provided, he shall leave the bicycle so as not to obstruct any roadway, sidewalk, driveway or building entrance. Nor shall he leave the bicycle in violation of the provisions relating to the parking of motor vehicles.
(Ord. 13-73 § 34, 1973.)

10.28.030 Impounding.
A. It is unlawful to 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 twenty-four hours may be impounded by the police department.

C. In addition to any citation issued, a bicycle parked in violation of Chapters 10.04 through 10.44 may be immediately impounded by the police department.

D. If a bicycle impounded under Chapters 10.04 through 10.44 is licensed, or other means of determining its ownership exist, the police shall make reasonable efforts to notify the owner.

E. A bicycle impounded under Chapters 10.04 through 10.44 which remains unclaimed shall be disposed of in accordance with the city's procedures for disposal of abandoned or lost personal property.
(Ord. 13-73 § 35, 1973.)

Chapter 10.30 - Skateboards, Roller Skates, Ect. on Public Sidewalks

10.30.010 Definitions.
As used in this chapter, the following terms are defined in this section.

"Careless manner" means a manner that endangers or that could reasonably be expected to endanger persons or property, including, but not limited to, the use of portable ramps, modification of sidewalk surfaces, or jumping.

"Sidewalk" means any public right-of-way not open to public vehicular traffic except for city parks.

"Use of a skateboard, roller skates, in-line skates, coaster, toy vehicle or similar device" means the act of operating, riding or propelling such device. (Ord. 98-14 § 1 (part), 1998.)

10.30.020 Use of public sidewalks and property.
A. Any person using a skateboard, roller skates, in-line skates, coaster, toy vehicle or similar device upon a sidewalk, where not otherwise prohibited shall do so at such person's own risk and shall yield the right-of-way to pedestrians.

B. A person commits the offence of unlawful use of public sidewalks and property if the person uses or permits the use of a skateboard, roller skates, in-line skates, coaster, toy vehicle or other device:

1. Within city buildings or on city property, except where designated;

2. Upon a public sidewalk in a careless manner;

3. On private property within any commercial or industrial district where the owner or owner's representative has requested that violators be prosecuted.

C. Unlawful use of public sidewalks and property is a Class B infraction.

D. Any skateboard, roller skates, in-line skates, coaster, toy vehicle or similar device used to violate this section may be impounded by any police officer and held until the person using the device at the time of impoundment is acquitted or provides proof that bail or the fine upon conviction has been paid, unless otherwise ordered by the Sandy Municipal Court or other court of competent jurisdiction.
(Ord. 98-14 § 1 (part), 1998.)

Chapter 10.32 - Pedestrians

10.32.010 Use of sidewalks.
A pedestrian shall not use a roadway for travel when a sidewalk is available. (Ord. 13-73 § 36, 1973.)

10.32.030 Right angles.
A pedestrian shall cross a street at a right angle, unless crossing with a crosswalk. (Ord. 13-73 § 38, 1973.)

10.32.040 Obedience to traffic lights.
At an intersection where a pedestrian control light is in operation, no pedestrian shall start to cross the street except when the walk signal is illuminated. Where only vehicle control lights are in operation, no pedestrian shall start to cross the street except when the green light is illuminated. (Ord. 13-73 § 39, 1973.)

Chapter 10.34 - Public Rights of Way Obstructions

10.34.010 Unlawful street obstruction.
A. A person commits the offence of unlawful street obstruction if the person obstructs the free movement of vehicles or pedestrians using the public right-of-way.

B. Section 10.34.010 does not apply to city, county, state or public utility employes engaged in their lawful duties, or persons engaged in construction work pursuant to a development or building permit.

C. Unlawful street obstruction is a Class B infraction.
(Ord. 98-15 § 1 (part), 1998.)

10.34.020 Unlawful street marking.
A. A person commits the offence of unlawful street marking if the person paints or marks any public street, except for persons authorized to install or maintain traffic control markings, maintain roads, identify the location of utilities, or investigate traffic and/or crime scenes.
B. Unlawful street marking is a Class A infraction.
(Ord. 98-15 § 1 (part), 1998.)

Chapter 10.36 - Traffic Offenses on Other Property Open to Public Travel

10.36.010 Careless driving.
No person shall operate a motor vehicle on other property open to public travel in a careless manner. As used in this section, "a careless manner" means in a manner that endangers or would be likely to endanger any person or property. (Ord. 13-73 § 41, 1973.)

10.36.020 Reckless driving.
No person shall operate a motor vehicle on other property open to public travel carelessly and heedlessly in wilful or wanton disregard of the rights or safety of others. (Ord. 13-73 § 42, 1973.)

10.36.030 Driving under the influence of intoxicating liquor, dangerous drugs or narcotic drugs.
A. No person shall operate a motor vehicle on other property open to public travel while under the influence of intoxicating liquor, dangerous drugs or narcotic drugs.

B. A person charged with an offense under this section shall be advised that he has a right to a chemical test of his blood, saliva or urine at his expense or chemical test of his breath without expense; that he is not required to submit to any such test and that his refusal will not result in suspension of his driving privileges and that his refusal to submit or failure to request chemical testing cannot be used against him in any criminal proceeding.

C. As used in this section, "intoxicating liquor," "dangerous drugs," and "narcotic drugs" mean the same as those terms are defined by state law.
(Ord. 13-73 § 43, 1973.)

10.36.040 Duties at an accident.
A. The operator of a motor vehicle involved in an accident on other property open to public travel which results in injury or death to a person or causes damage to another occupied vehicle shall stop immediately at the scene of the accident, or as close thereto as possible, and shall remain at the scene of the accident until he has fulfilled the following requirements:

1. Rendered to a person injured in the accident reasonable assistance, including the conveying or the making of arrangements for the conveying of the person to a physician or hospital for medical treatment, if it is apparent that treatment is necessary, or if the injured person requests conveyance;

2. Given to the occupant of the other vehicle his name and address and the names and addresses of any other occupants of the vehicle he is operating.

B. The operator of a motor vehicle on other property open to public travel which collides with an unattended vehicle or damages other property, public or private, shall make a reasonable effort to locate and notify the owner of the damaged property. If, after reasonable effort, the operator cannot locate the owner, he shall leave in a conspicuous place a note containing his name and address and a brief description of the circumstances and promptly report the accident to police.

C. A witness to the accident shall furnish to the operators or occupants of the vehicles, or injured persons, his name and address.
(Ord. 13-73 § 44, 1974.)

10.36.050 Enforcement.
A. The violation of a provision of Chapters 10.04 through 10.44 relating to the operation of a motor vehicle on other property open to public travel shall be a municipal offense and shall subject the violator to arrest by a police officer or a private citizen if the violation takes place in the presence of the officer or citizen or by a police officer acting under authority of a municipal court warrant.

B. ORS 133.310(3) and 484.105 shall not apply to offenses on other property open to public travel. The Oregon Uniform Traffic Citation and Complaint Form shall not be used and convictions for offenses occurring on other property open to public travel shall not be reported to the Department of Motor Vehicles.

C. A misdemeanant citation may be issued in lieu of custody.
(Ord. 13-73 § 45, 1973.)

Chapter 10.40 - Enforcement

10.40.010 Citation on illegally parked vehicle.
Whenever a vehicle without an operator is found parked in violation of a restriction imposed by Chapters 10.04 through 10.44, 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 traffic 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. 13-73 § 46, 1973.)

10.40.020 Failure to comply with traffic citation.
If the operator does not respond to a traffic citation affixed to such vehicle within a period of five days, the chief of police may send to the owner of the vehicle to which the traffic citation was affixed, a letter informing him of the violation and warning him that in the event the letter is disregarded for a period of five days, a warrant for his arrest will be issued. (Ord. 13-73 § 47, 1973.)

10.40.030 Owner responsibility.
The owner of a vehicle placed in violation of a parking restriction shall be responsible for the offense, except where the use of the vehicle was secured by the operator without the owner's consent. (Ord. 13-73 § 48, 1973.)

10.40.040 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 constitutes a presumption that he was then the owner in fact. (Ord. 13-73 § 49, 1973.)

10.40.050 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 the provisions of Chapter 10.52, relating to impoundment and disposition of vehicle abandoned on the city streets.

C. The impoundment of a vehicle will not preclude the issuance of a citation for violation of a provision of Chapters 10.04 through 10.44


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 Chapters 10.04 through 10.44, 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 subsection shall be disposed of in the same manner as provided in subsection B of this section.
(Ord. 13-73 § 50, 1973.)

10.36.020 Reckless driving.
No person shall operate a motor vehicle on other property open to public travel carelessly and heedlessly in wilful or wanton disregard of the rights or safety of others. (Ord. 13-73 § 42, 1973.)

10.36.030 Driving under the influence of intoxicating liquor, dangerous drugs or narcotic drugs.
A. No person shall operate a motor vehicle on other property open to public travel while under the influence of intoxicating liquor, dangerous drugs or narcotic drugs.

B. A person charged with an offense under this section shall be advised that he has a right to a chemical test of his blood, saliva or urine at his expense or chemical test of his breath without expense; that he is not required to submit to any such test and that his refusal will not result in suspension of his driving privileges and that his refusal to submit or failure to request chemical testing cannot be used against him in any criminal proceeding.

C. As used in this section, "intoxicating liquor," "dangerous drugs," and "narcotic drugs" mean the same as those terms are defined by state law.
(Ord. 13-73 § 43, 1973.)

10.36.040 Duties at an accident.
A. The operator of a motor vehicle involved in an accident on other property open to public travel which results in injury or death to a person or causes damage to another occupied vehicle shall stop immediately at the scene of the accident, or as close thereto as possible, and shall remain at the scene of the accident until he has fulfilled the following requirements:

1. Rendered to a person injured in the accident reasonable assistance, including the conveying or the making of arrangements for the conveying of the person to a physician or hospital for medical treatment, if it is apparent that treatment is necessary, or if the injured person requests conveyance;

2. Given to the occupant of the other vehicle his name and address and the names and addresses of any other occupants of the vehicle he is operating.

B. The operator of a motor vehicle on other property open to public travel which collides with an unattended vehicle or damages other property, public or private, shall make a reasonable effort to locate and notify the owner of the damaged property. If, after reasonable effort, the operator cannot locate the owner, he shall leave in a conspicuous place a note containing his name and address and a brief description of the circumstances and promptly report the accident to police.

C. A witness to the accident shall furnish to the operators or occupants of the vehicles, or injured persons, his name and address.
(Ord. 13-73 § 44, 1974.)

10.36.050 Enforcement.
A. The violation of a provision of Chapters 10.04 through 10.44 relating to the operation of a motor vehicle on other property open to public travel shall be a municipal offense and shall subject the violator to arrest by a police officer or a private citizen if the violation takes place in the presence of the officer or citizen or by a police officer acting under authority of a municipal court warrant.

B. ORS 133.310(3) and 484.105 shall not apply to offenses on other property open to public travel. The Oregon Uniform Traffic Citation and Complaint Form shall not be used and convictions for offenses occurring on other property open to public travel shall not be reported to the Department of Motor Vehicles.

C. A misdemeanant citation may be issued in lieu of custody.
(Ord. 13-73 § 45, 1973.)\

Chapter 10.44 - Penalties

10.44.010 Designated.
A. Except as may be limited by Charter, violations of ORS provisions made offenses against this city are punishable to the same extent provided in the statutes.

B. Violation of Sections 10.12.030 through 10.12.050 and Chapters 10.16 and 10.20 (except Section 10.20.100 thereof), is punishable by fine not to exceed one hundred dollars, or confinement in the city or county jail not to exceed ten days, or both fine and imprisonment.

C. Violation of Chapter 10.28 through 10.32 and Section 10.20.100 is punishable by fine not to exceed fifty dollars.

D. Except as may be limited by Charter, violations of Chapter 10.36 are punishable by confinement in the city or county jail, or by a fine or by both, not to exceed the maximum penalties which could be imposed under state law for similar violations occurring on highways.(Ord. 13-73 § 51, 1973.)

Chapter 10.48 - Commercial Vehicle Size and Weight Limits

10.48.010 Load restrictions upon commercial vehicles exceeding fourteen thousand pounds gross weight.
A. By reason of the construction of certain streets and their weight bearing capacity, it has been determined that gross weight exceeding fourteen thousand pounds will cause serious damage to such streets.
B. All vehicles exceeding fourteen thousand pounds, originating outside the boundary of the city and terminating outside of the city shall use the streets hereinafter designated as forming a part of the city's truck route.
(Ord. 7-75 § 1, 1975.)

10.48.020 Truck routes designated.
City streets forming a part of the city truck route are designated as follows:

A. Highway 26 (including Proctor Boulevard and Pioneer Boulevard) from east city limits to west city limits;

B. Highway 211 from south city limits to Highway 26;

C. TenEyck Road from east city limits to Highway 26.
(Ord. 7-75 § 2, 1975.)

10.48.030 Truck access routes.
All trucks exceeding fourteen thousand pounds gross weight, originating within or without the city limits and terminating within the city limits, traveling to or from a recognized truck service center, or making local deliveries, shall use the most direct route possible to utilize the designated truck routes. (Ord. 7-75 § 3, 1975.)

10.48.040 Parking of trucks restricted.
Except for loading and unloading purposes in connection with local deliveries, no truck weighing in excess of fourteen thousand pounds gross weight shall park on any city street within the city except along designated truck routes. (Ord. 7-75 § 4, 1975.)

10.48.050 Liability for damage to streets.
Any person operating any vehicle or moving any object or conveyance upon any street or public way shall be liable for all damages thereto as a result of any illegal operation of such vehicle or the moving of any such object or conveyance weighing in excess of the legal weight limits allowed by law. (Ord. 7-75 § 5, 1975.)

10.48.060 Violation—Penalty.
Any person violating any of the provisions of this chapter shall upon conviction be fined a sum not to exceed five hundred dollars or by imprisonment not to exceed six months, or by both fine and imprisonment. (Ord. 7-75 § 6, 1975.)

Chapter 10.52 - Abandoned Vehicles

10.52.010 Definitions.
As used in this chapter, unless the context requires otherwise:

A. "Abandoned" means left unoccupied and unclaimed or in a damaged or dismantled condition upon the streets or alleys of the city.

B. "Chief of police" includes any authorized law enforcement officer of the city.

C. "City" means the city of Sandy.

D. "Costs" means the expense of removing, storing, and selling an impounded vehicle.

E. "Owner" means 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.

F. "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 tracts.
(Ord. 5-77 § 1 (part), 1977.)

10.52.020 Notice of nuisance.
A. It shall be the duty of the police department, whenever a vehicle is found abandoned upon the streets or alleys in the same position for a period of forty-eight hours, to:

1. Make a routine investigation to discover the owner and request removal of the vehicle; or

2. Failing to discover the owner by such a process, to make a diligent inquiry as to the name and address of the owner of the vehicle by examining such vehicle for license number, I.D. number, make, style, and any other information which will aid in the identification of the ownership of the vehicle, and transmitting all available information pertaining to such vehicle to the Department of Motor Vehicles of this state with an inquiry for the name and address of the owner, whenever such vehicle is required by law to be registered with that office.

3. If the owner is not identified, to place a notice upon the windshield, or some other part of the vehicle easily seen by the passing public.

B. The notice shall state that the police department will remove and impound the vehicle under the provisions of this chapter, twenty-four hours after the time of the posting, unless:

1. The owner removes the vehicle; or

2. Good cause is shown, satisfactory to the chief of police, why such vehicle should not be removed by the owner or removed and impounded by the city.
(Ord. 5-77 § 1 (part), 1977.)

10.52.030 Impounding nuisance.
A. An abandoned vehicle which remains in the same position for a period of twenty-four hours after an owner has been requested to remove it or after a notice to remove has been posted upon the vehicle, and no person has appeared to show good cause why the vehicle should not be removed, shall constitute a nuisance.

B. Before any abandoned vehicle is taken into custody, an abandoned vehicle notice must be issued to the legal owner and owner or persons entitled to possession of the vehicle by posting on the vehicle. The notice shall contain the following information:

1. The name and badge number of the officer issuing the notice;

2. The pertinent laws authorizing removal of the vehicle;

3. That if the vehicle is not removed within twenty-four hours that the officer will cause it to be taken into custody unless good cause is shown satisfactory to the chief of police, why such vehicle should not be removed and impounded by the city;

4. That any person who at the request of the city tows an abandoned vehicle 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 vehicle sold at public auction to satisfy the liens;

5. That the legal owner and owner or persons entitled to possession of the vehicle may request a hearing on the validity of the tow and the creation and amount of the lien; and

6. How and where the legal owner and owner or persons entitled to possession of the vehicle may get information about the hearing and the location of the towed vehicle.
If the legal owner or the owner or persons entitled to possession of the vehicle request a hearing before the abandoned vehicle is taken into custody, the vehicle shall not be taken into custody until a hearing is set and held in accordance with the terms of this chapter.

C. After impoundment, the chief of police shall cause the vehicle to be appraised.
(Ord. 5-80 § 1, 1980; Ord. 5-77 §1 (part), 1977.)

10.52.040 Notice of impoundment and sale.
If the owner is identified, he shall be notified immediately by registered or certified mail that such vehicle is held by the police department of the city. The notice to the owner shall also state:

A. The reason for impounding the vehicle;

B. The existing costs charged against the vehicle;

C. An estimate of future costs, including the cost of advertising the vehicle for sale;

D. That unless the owner redeems the vehicle within fifteen days from the day of mailing the notice and pays all the costs the vehicle will be sold.
(Ord. 5-77 § 1 (part), 1977.)

10.52.050 Notice of impoundment, hearing, and sale.
A. After an abandoned vehicle has been taken into custody and unless a hearing has already been requested, notice must be provided to the legal owner and owner or persons entitled to possession of the vehicle indicating the location of the vehicle, that a lien has arisen on the vehicle in favor of the person who towed the vehicle, that the vehicle may be sold at a public auction to satisfy the lien, and that a hearing on the validity of the tow and on the creation and amount of the lien may be held if requested. Notice is deemed given when a registered or certified letter addressed to the registered owner of the vehicle and a similar letter addressed to the legal owner, if any, return receipt requested and postage prepaid thereon, is mailed within twenty-four hours after the vehicle is taken into possession. If the vehicle is registered in the office of the Motor Vehicle Division of the state, notice may be addressed to the registered owner and the legal owner, if any, at the latest respective address of each shown by the records in the office of the Motor Vehicles Division. If the vehicle is not so registered, reasonable efforts shall be made to ascertain the names and addresses of the legal owner and owner or persons entitled to possession of the vehicle so that notice may be mailed, if reasonably possible within twenty-four hours after the vehicle is taken into possession. The owner must request a hearing within five days after receipt of the notice. The request may be made in person or in writing and failure to appear in person or mail a letter within five days after receipt of the notice shall act as a waiver of the right to hearing.

B. Upon request of the legal owner, or the owner or person entitled to possession of the vehicle, a hearing shall be held before the hearings officer appointed by the Sandy city council. The hearing shall be set and conducted within forty-eight hours after receipt of the request, holidays, Saturdays and Sundays not to be included. The hearing can be set for a later date if the owner so requests. At the hearing the owner may contest:

1. The validity of the action of the city in taking the abandoned vehicle into custody; and

2. The creation of the amount of the lien attached to the abandoned vehicle.

C. If the hearings officer finds that the action of the city in taking the vehicle into custody was invalid, the hearings officer shall:

1. Order the vehicle released to the owner,

2. Find that the owner is not liable for any towing or storing charges occasioned by the taking,

3. Determine that the amount of a just and reasonable towing or storage charge be paid by the city in order to satisfy the lien.

D. If the action of the city in taking the vehicle into custody was proper the hearings officer shall determine the amount of a just and reasonable towing and storage charge which shall be a lien on the vehicle.

E. The actions of the hearings officer is final.

F. If the owner does not appear at the scheduled hearing, the hearings officer may enter an order supporting the removal and assessment of towing and storage charges against the owner.

G. The pretow notice provisions of this chapter do not apply in situations where the vehicle is disabled, abandoned, parked or left standing unattended on a road or highway right- of-way in such a location as to constitute a hazard. In such cases the city may immediately take the vehicle into custody. In the event of such hazard tow, the post tow notification provisions of this section must be met.
(Ord. 5-80 § 2, 1980: Ord. 5-77 § 1 (part), 1977.)

10.52.070 Public sale.
A.
If the owner cannot be identified or no claim is made by a notified owner as required by Section 10.52.050, the chief of police shall cause to be published in a newspaper of general circulation within the city a notice of sale. The notice of sale shall state:

1. The sale is of abandoned property in the possession of the city;

2. A description of the vehicle, including the type, make, motor number, serial number and any other information which would aid and accurately identify the vehicle;

3. The terms of the sale; and

4. The date and time and place of the sale.

B. The vehicle shall be sold to the highest and best 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 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, the original of which shall be delivered to the purchaser, and the copy thereof filed with the recorder of the city.

D. The certificate of sale shall be substantially as follows:

"CERTIFICATE OF SALE"
"This is to certify that under the provisions of Ordinance No ________________ entitled, `An Ordinance for the Impounding and Disposition of Abandoned Vehicles' and pursuant to due notice of the time and place of sale, I did on the ______________ day of ________,20________, sell at public auction to _________ for the sum of $ __________ cash, he being the highest and best 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 whereof is hereby acknowledged, I have this day delivered to said purchaser the foregoing property.
"Dated this ____________ day of __________ 20_________
__________________"
Note: The city assumes no responsibility as to the condition of title of the property described above. In case this sale is for any reason invalid, the liability of the city is limited to the return of the purchase price.
(Ord. 5-80 § 4, 1980; Ord. 5-77 § 1 (part), 1977.)

10.52.080 Redemption before sale.
A.
An owner may redeem a vehicle impounded under the provisions of this chapter, before a sale or disposition has taken place, by applying to the police department, whereupon he shall:

1. Submit evidence of his ownership or interest in the vehicle, satisfactory to the chief of police, that such claim is rightful; and

2. Pay the costs due and owing at the time the application to redeem is made.

B. Upon compliance with subsection A of this section, the chief of police shall execute a receipt for the owner and cause the vehicle to be returned to him.
(Ord. 5-77 § 1 (part), 1977.)

10.52.090 Sale and proceeds.
A. Upon a sale being consummated, the chief of police shall deliver the vehicle and 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 cost incurred by the city;

2. To the payment of services rendered by a private garage; and

3. The balance, if any, shall be transferred to the city treasurer of the city to be credited to the general fund.
(Ord. 5-77 § 1 (part), 1977.)

10.52.100 Application.
This chapter shall apply to all abandoned vehicles now in the possession of the city as well as to abandoned vehicles that are hereafter impounded. (Ord. 5-77 § 1 (part), 1977.)

10.52.110 Private garages.
A. The city shall not be liable for services rendered by a private garage from any source other than such amounts as may be collected from the owner on redemption, or from a purchaser upon sale, after the city shall have deducted its expenses, unless the city is the purchaser of the vehicle.

B. The vehicle shall not be released from the private garage except upon a receipt, signed by the chief of police, proffered by the purchaser.
(Ord. 5-77 § 1 (part), 1977.) to Highway 26;

C. TenEyck Road from east city limits to Highway 26.
(Ord. 7-75 § 2, 1975.)

10.48.030 Truck access routes.
All trucks exceeding fourteen thousand pounds gross weight, originating within or without the city limits and terminating within the city limits, traveling to or from a recognized truck service center, or making local deliveries, shall use the most direct route possible to utilize the designated truck routes. (Ord. 7-75 § 3, 1975.)

10.48.040 Parking of trucks restricted.
Except for loading and unloading purposes in connection with local deliveries, no truck weighing in excess of fourteen thousand pounds gross weight shall park on any city street within the city except along designated truck routes. (Ord. 7-75 § 4, 1975.)

10.48.050 Liability for damage to streets.
Any person operating any vehicle or moving any object or conveyance upon any street or public way shall be liable for all damages thereto as a result of any illegal operation of such vehicle or the moving of any such object or conveyance weighing in excess of the legal weight limits allowed by law. (Ord. 7-75 § 5, 1975.)

10.48.060 Violation—Penalty.
Any person violating any of the provisions of this chapter shall upon conviction be fined a sum not to exceed five hundred dollars or by imprisonment not to exceed six months, or by both fine and imprisonment. (Ord. 7-75 § 6, 1975.)

Chapter 10.56 - Auto Wrecking and Dismantling

10.56.010 State code adopted.
The city adopts by reference Sections 481.345 through 481.370 of the Oregon Revised Statutes as now or hereafter constituted, and violation of any provision thereof shall be an offense against the city. (Ord. 8-75 § 4, 1975.)

10.56.020 Locations prohibited along state highways.
No business of wrecking, dismantling, disassembling or substantially altering the form of any motor vehicle can be established within one thousand one hundred feet of the nearest edge of any state highway, unless:
The business is hidden or adequately screened by the terrain or other natural objects, or by plantings, fences or other appropriate means, so as not to be visible from the main traveled highway, and is approved for this location by both the state and the city. (Ord. 8-75 § 1,1975.)

10.56.030 Conditional use.
This type of business is permitted by conditional use only as provided for in Section 17.44.090. (Ord. 8-75 § 2, 1975.)

10.56.040 Violation-Penalty.
Any person violating any of the provisions of this chapter shall upon conviction be fined a sum not to exceed five hundred dollars, or by imprisonment not to exceed six months, or by both fine and imprisonment. (Ord. 8-75 § 3, 1975.)

Footnotes

1. For statutory provisions regarding bicycle equipment standards, see ORS 483.404; for provisions subjecting bicycle operators to motor vehicle statutes, see ORS 483.034

2. For the statutory authority of cities to prohibit the operation of any or all vehicles or any class or kind of vehicle within the city limits, and to impose limits as to gross vehicle weight or any vehicle dimension, see ORS 483.532.

3. For statutory provisions regarding abandoned motor vehicles, see ORS 483 .380 et seq. Prior ordinance history: Ord. 12-73.

4. For statutory provisions regarding auto wrecking, see ORS 481.345 et seq.

5. For provisions regarding systems development charges for off-street parking facilities, see Ch. 15.28 of this code.