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HomeMy WebLinkAboutOrdinance No. 19541i r ORDINANCE N0. 19541 AN ORDINANCE CONCERNING TRAFFIC CONGESTION THOROUGHFARES; ADDING A NEW SECTION 5,155 TO THE EUGENE CODE, 1911; AMENDING SECTION 5.990 OF THAT CODE; AND DECLARING AN EMERGENCY. The City Council of the City of Eugene finds that: 1. The repeated driving of a motor vehicle along or across one portion of a public thoroughfare creates vehicle congestion along the thoroughfare and at the intersections, which blacks access by emergency vehicles, and interferes with vehicular traffic attempting to get to businesses and resi- dences located along congested thoroughfares. 2. This traffic condition disturbs the peace, quiet and welfare of the neighboring residential and business areas and causes air and noise pollu- tion along the thoroughfare. 3. The enforcement of existing traffic regulations as a means of pre- venting this traffic congestion has proven to be inadequate to do so. 4. New Eugene Code, 1971 provisions are needed to reduce traffic con- gestion on and across traffic congestion thoroughfares. NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Based upon the above findings, which are adopted herein, a new section 5.155 is added to the Eugene Cade, 1911, to read and provide: 5.155 Traffic Congestion Thoro,u h~f,ares, ~1~ Pur o~se_. ~~The purpose of this section is to prohibit the re- peated driving of a motor vehicle along and across one portion of a congested public thoroughfare. violation of this section shall constitute a strict i obi 1 i ty offense without requirement of a cul pabl a mental state. 4Z} Thorou„ghfare defined. A thoroughfare is any street, as that term i s def i ned~ i n this code , ~~~~~~~~~~~ ~3~ Traffic con estion thorou hfare defined, A traffic congestion thoroughfare is any portion of a public thoroughfare within the city affected Ordinance - 1 by traffic congestion caused in whole or in part by the repeated driving of the same motor vehicles along or across that portion of the thoroughfare. ~4} Postin si ns. With respect to any traffic congestion thor- oughfare, the chief of the police, fire and emergency services department, or his/her designee is authorized to declare a portion of the thoroughfare to be a traffic congestion thoroughfare and to cause signs, as described in this section, to be posted giving notice of that designation. . ,~5} Signs. The signs referred to in subsection ~4} above shall notify drivers that they are entering a traffic congestion thoroughfare; that passage of the same motor vehicle through or across the traffic conges- tion thoroughfare between the prohibited hours, more than two times is a violation of this section; and that for a subsequent violation the vehicle may be towed. ~5}, Acts rohibited. Between the hours of 14:40 p.m. and 5:44 a.m. of the following morning, no vehicle shall pass along or across a traffic congestion thoroughfare, designated as such by signs as described in subsec- t~on ~5} above, more than two times during any two hour period. ~1} Notice of towin for subse vent vio]atians. Upon issuing a citation for violation of subsection ~6} of this section, the officer shall give the person to whom the citation is issued a written notice which shall state: NDTICE You have been cited for violation of Section 5.1556} of the Eugene Code, 1971 for repeated passage of a motor vehicle on or across a traffic congestion thoroughfare. if the vehicle you are driving i s again driven along or across this traffic congestion thoroughfare before fiend of applicable two hour period} the vehicle may be impounded and towed at your expense or the expense of the owner or other person entitled to possession of the vehicle. (Name of Officer) ~8} Exem tions. This section shall not apply to: ~a} Any publicly owned vehicle of any city, county, public d~str~ct, state or federal agency. fib} Any vehicle licensed far public transportation. ~c} Any other vehicle granted an exemption by the chief of the police, fire and emergency services department because passage of the vehicle along ar across the traffic congestion thoroughfare is necessary for commercial or medical reasons. Section 2. Anew subsection ~l} is added to Section 5.990 of the Eugene Cade, 1911, to read and provide: 5.990 Penalties - S ecific, ~7} Violation of Section 5.1556} is punishable by fine not to Ordinance - 2 exceed $150, Each subsequent violation within the same prohibited time period shall constitute a separate vialation, and in addition to the penalty provided herein, the vehicle may be towed and taken to a storage area desig~ Hated by the city and may be impounded, all at the expense of the owner or person entitled to possession of the vehicle. Section 3. That the matters contained herein concern the public health, safety and welfare and therefore, an emergency is hereby declared to exist, and this Ordinance shall become effective immediately upon its passage by the City Caunci1 and approval by the Mayor. Passed by the City Council this 14th ,dray of March, 1988 ,: C; y Recorder Ordinance - 3 Approved by the Mayor this