Chapter 16.10 Administrative Provisions


16.10.001 Purpose.

This chapter describes the authority of the City to establish traffic laws and to erect traffic control devices. It also describes the specific authorities of certain City officers and employees to administer and enforce the Code.


16.10.020 Where Regulations Apply.
(Amended by Ordinance Nos. 172976, 177028 and 179141, effective March 23, 2005.) The regulations of this chapter apply to all City of Portland owned or operated property, public rights-of-way, other designated public areas in the City of Portland and to private property specifically noted in this chapter.

16.10.030 Authority to Direct Traffic on Public Rights of Way.

(Added by Ordinance No. 176394, effective April 17, 2002.) Officers and reserve officers of the Portland Police Bureau are authorized to direct, redirect, limit or restrict pedestrian and/or vehicular traffic on any public right of way.


16.10.050 Compliance Required.

It is unlawful for a pedestrian or the operator of any vehicle to disobey the instructions of a traffic control device placed in accordance with the provisions of this Title, unless otherwise directed by an authorized officer.

It is unlawful for any person to refuse or fail to comply with any lawful order, signal, or the direction of any officer displaying a badge with the legal authority to direct, control, or regulate traffic.


16.10.060 Citations and Nuisances.

(Amended by Ordinance No. 165987 and 170923, effective March 21,1997.)

 

A.  When a vehicle is found in violation of this Title or any other Title of the City Code or state law, the officer finding the vehicle will:

 

1.  note the license number and/or any other information displayed on the vehicle that may identify the owner; and

 

2.  issue to the operator or place in a conspicuous space on the vehicle involved in the violation a serially numbered parking citation.

 

B.  The citation will instruct the vehicle owner to answer to the charge or pay the penalty imposed within a specific number of days, during specific hours, and at a specific place or to be mailed in a specific number of days.

 

C.  It is a violation of this Title to be the owner of a vehicle parked in violation of any of the provisions of this Title.

 

D.  It is unlawful for any unauthorized person to change, erase, alter mar, mark, mutilate, or destroy a traffic citation form that has been issued under authority of this Title.

 

E.  Unless otherwise provided for in this Title, any person violating a provision of this Title is subject to a fine of up to $500 upon conviction of the violation.

 

F.  The court may proceed to make a determination, enter a disposition, and enter a judgement without a hearing on a citation issued under this Title if the person cited fails to request a hearing within the time provided on the citation.  In no event shall a judgement be taken sooner that 60 days from the date of the citation and without prior notice by mail to the person against whom the judgement is taken.

 

G.  When a nonvehicular violation of this Title is discovered, the adjacent property owner is responsible for all abatement proceedings. 


16.10.080 Altering or Erecting Traffic Control Devices.

(Amended by Ordinance No. 166575, effective June 2, 1993.)  It is unlawful for any person to alter in any manner a traffic control device erected or established by authority of this Title.  It is also unlawful for any person to erect, display, or maintain any traffic control device without authorization of this Title.

Every unauthorized traffic control device is hereby declared to be a public nuisance and is subject to summary abatement. The parking-prohibited area for driveways as defined in 16.20.130 (V) and 16.90.105 may be painted and maintained with traffic line yellow paint by the adjacent property owner or occupant, subject to the following:

 

A.  The traffic line yellow paint may extend across the apron (throat) of the driveway.

 

B.  The wing, radius, and/or apron paint may only be painted up to a width of the curb or to a maximum width of eight inches as measured from and beginning at the face of the wing, radius, and/or throat.

 

C.  The wings, curb returns, and/or aprons of driveways at locations that are officially designated as prohibitive or restrictive parking, such as “No Parking At Any Time,” “No Parking In This Block,” “Truck Loading All Hours/All Days” zones may not be painted.  

The City Traffic Engineer may paint driveway clearances and stencil “No Parking” on the apron and paint keys in the road area of any driveway in the city to facilitate access upon receipt of a signed application and appropriate fee.


16.10.100 Road Authority.

(Amend by Ordinance No. 170923, effective March 21, 1997.)  As the City’s elected body, the City Council is the road authority for all public streets, except state highways, as designated by State Law.  The City Council may delegate specific road authority to the City Traffic Engineer, City Engineer or Emergency Incident Commander as the Council deems appropriate.


16.10.200 Duties of the City Traffic Engineer.

(Amended by Ordinance Nos. 170923, 172976, 173369, 173627, 175205 and 182389, effective January 2, 2009.)  The City Traffic Engineer will be designated by the Commissioner-In- Charge of the Bureau of Transportation.  The City Traffic Engineer or his/her designee may exercise the following duties and responsibilities:

 

A.  Implement ordinances, resolutions and directions of the City Council and orders of the Commissioner-In-Charge of the Bureau of Transportation by installing, removing, and altering traffic control devices.

 

B.  Establish, remove, or alter traffic controls, including but not limited to:

 

1.  crosswalks, traffic lanes, one-way streets, stop intersections or places, and no passing zones;

 

2.  intersection channelization and areas where vehicle drivers may not make right, left, or U-turns, and the time when the prohibition applies;

 

3.  parking areas and time limitations, including the form of permissible parking (e.g., parallel or diagonal);

 

4.  regulated parking zones;

 

5.  traffic control signals and any device that regulates a traffic control signal;

 

6.  bicycle lanes and traffic controls for such facilities; and

 

7.  other regulatory, warning, and guide signs.

 

C.  Issue vehicle parking permits that authorize specified parking privilege.

 

D.  Temporarily reserve portions of the street area according to regulations found in Section 16.20.500.

 

E.  Issue vehicle permits for the movement of over dimensional vehicles on or over City streets.

 

F.  Designate certain streets where certain classes of over dimensional vehicles may move on or over without a permit.

 

G.  Designate streets where certain classes of vehicles may not move on or over except for local access.

 

H.  Temporarily reduce speed limits when allowed by the provisions of ORS 810.180.

 

I.  Designate certain streets as bridle paths and prohibit horses and animals on other streets.

 

J.  Determine the location, design, and construction of streetlights.

 

K.  Designate transit lanes and street locations where certain transit vehicles may proceed in a manner prohibited to other traffic.

 

L.  Require the removal or pruning of any street tree, vegetation or other obstruction in the public right-of-way that obscures the visibility of or for drivers, bicyclists, or pedestrians, or in any way presents a safety hazard.

 

M.  Regulate the installation and presence of banner signs on lighting poles owned by the City.

 

N.  Install temporary traffic control devices when traffic conditions constitute a danger to the public.

 

O.  Whenever specifically provided in the Title, the City Traffic Engineer may assess civil penalties for violations of the provisions of Title 16.  The City Traffic Engineer shall adopt rules, procedures, and forms to be used in assessing such civil penalties.  In determining the amount of any civil penalty to be assessed, the City Traffic Engineer shall consider the following criteria:

 

1.  The extent and nature of the violation;

 

2.  The benefits, financial or otherwise, accruing or likely to accrue as a result of the violations;

 

3.  Whether the violations were repeated and continuous, or isolated and temporary;

 

4.  The magnitude and seriousness of the violation;

 

5.  The City’s cost of investigating the violation and correcting or attempting to correct the violation; and

 

6.  Any other relevant factors.

 

P.  The City Traffic Engineer’s assessment of civil penalties may be appealed to the Code Hearings Officer according to the provisions of Title 22 of the Portland City Code.

 


16.10.300 Administrative Rules and Procedures.

(Amended by Ordinance Nos. 173627 and 182389, effective January 2, 2009.)  Traffic and Parking management rules and procedures not specified in this Code are governed by the Bureau of Transportation Rules and Procedures Manual.  It is the duty of the Bureau Director to develop and implement the Bureau of Transportation’s Rules and Procedures Manual.  The Commissioner-In-Charge of the Bureau of Transportation or the City Council may amend the Manual at any time.

Exceptions to the Rules in the Manual may be made only with prior approval of the City Traffic Engineer or the Bureau Director.  Procedures in the Manual are intended to serve as a general outline on how to apply or implement a rule or program.

 


16.10.400 Regulation Standards.

The City Traffic Engineer may erect traffic control devices and impose regulations to control traffic and parking in the City of Portland. The regulations of the City Traffic Engineer or his/her designee will be based on:

A. traffic engineering principles and traffic investigations;

B. standards, limitations, and rules issued by the Oregon Transportation Commission; and

C. other recognized traffic control standards.


16.10.500 Fees and Charges.

(Amended by Ordinance Nos. 170923, 173627, 182389 and 183829, effective July 1, 2010.)  The Transportation Director and/or City Council may establish fees and charges.  If a larger fee is required elsewhere in this Title for any class of permit, the larger fee shall apply; otherwise the following fees and charges shall be paid unless the Transportation Bureau Director or Council has granted a specific permit for a different fee.

All fees, charges, civil penalties, and fines established by authority of this Title will be listed in the Transportation Fee Schedule included in Portland Policy Documents, as amended annually by Council effective with the fiscal year budget.


16.10.600 Authority of Law Enforcement, Fire Officers, and Emergency Incident Commanders.
 
(Amended by Ordinance Nos. 170923 and 180917, effective May 26, 2007.)  If a fire or other public emergency occurs, officers of the Bureau of Police and Portland Fire & Rescue may direct traffic as conditions require, notwithstanding the provisions of this Title.  In the event of an emergency or disaster that results in the implementation of the City Basic Emergency Services Plan, as established in Chapter 15.12, the Incident Commander may direct traffic and parking controls appropriate to the incident, notwithstanding the provisions of this Title.

16.10.650 Parking Code Enforcement Officers.

(Amended by Ordinance Nos. 170923, 173627, 176394, 179141 and 182389, effective January 2, 2009.)  Parking code enforcement supervisors and officers under the administration and control of the Bureau of Transportation as established in Section 3.12.010, will serve as follows:

 

A.  The duties of the position of parking code enforcement officer are to provide assistance as special police officer in the enforcement of parking regulations as provided by this Title, and other related work under the direction of the Bureau Director.

 

B.  Persons appointed as parking code enforcement officers or as supervisors, will be special police officers of the City.  As special police officers, the parking code enforcement officers and supervisors will have authority to issue citations for parking violations, including violations of disabled zones on property that is open to the public outside of the public right-of-way, or on City of Portland owned or operated property.