Chapter 16.70 Miscellaneous Regulations

This Section provides traffic regulations in addition to those of the Oregon Revised Statutes that apply in the City of Portland.

No pedestrian may cross a street other than within a crosswalk if within 150 feet of a crosswalk.

A pedestrian must cross a street at right angles unless crossing within a crosswalk.

At intersections where a member of the school traffic patrol or crossing guard is stationed for the safety of school children, all pedestrians must obey the directions of such school traffic patrol member or crossing guard.  It is unlawful for any pedestrian to cross at any intersection where such patrol member or crossing guard is stationed contrary to the direction of such school traffic patrol member or crossing guard.

No pedestrians may sit, stand on, or lean their torso over a WillametteRiver bridge railing unless engaged in bridge maintenance work or otherwise authorized by an appropriate government agency.

Every person riding a bicycle upon a roadway is subject to state law and the provisions of this Title applicable to the driver of a vehicle, except state law and those provisions of this Title which by their very nature can have no application.

(Amended by Ordinance No. 165594, effective July 8, 1992.)  No person may:

A.  Leave a bicycle so that it obstructs vehicle or pedestrian traffic on a roadway, sidewalk, driveway, handicap access ramp, building entrance, or so that it prevents operation of a parking meter or newspaper rack;

B.  Leave a bicycle secured to a fire hydrant or to a police or fire call box;

C.  Leave a bicycle on private property without consent of the owner or legal tenant.  Consent is implied on private commercial property;

D.  Leave a bicycle on a street or other public property for more than 72 hours; or

E.  Ride a bicycle on a sidewalk, unless avoiding a traffic hazard in the immediate area, within the area bounded by and including SW Jefferson, Front Avenue, NW Hoyt and 13th Avenue, except:

1.  On sidewalks designated as bike lanes or paths;

2.  On the ramps or approaches to any Willamette River Bridge; or

3.  In the area bounded by the west property line of SW Ninth Avenue, the east property line of SW Park Avenue, the north property line of SW Jefferson and the south property line of SW Salmon Street.

4.  For police or special officers operating a bicycle in the course and scope of their duties; or

5.  For employees of the Association for Portland Progress and companies providing security services operating a bicycle in the course and scope of their duties.  These employees must have in possession an identification card issued by the Chief of Police certifying the rider has completed a training course in the use of a bicycle for security patrol.

A.  A bicycle left on a street or other public property for more than 72 hours may be impounded.

B.  A bicycle may be immediately impounded if:

1.  It is parked in violation of this code and obstructs or impedes pedestrian or vehicular traffic; or

2.  It is an immediate threat to the public welfare.

C.  The impounding agency must make reasonable efforts to notify the owner of the impoundment and a description of how and by what date the bicycle must be claimed.

D.  A fee may be charged to the owner of an impounded bicycle.  No impoundment fee will be charged to the owner of a stolen bicycle that has been impounded.

E.  An impounded bicycle that remains unclaimed after 30 days may be disposed of in accordance with city procedures for disposal of abandoned or lost personal property.

No person may rent a bicycle to another person unless the bicycle is equipped as required by state law.

(Replaced by Ordinance No. 185596, effective September 5, 2012.)

A.  No person may use roller skates, including in-line skates, skateboards, scooters, or other similar devices powered exclusively by human power upon any sidewalk within the area bounded by and including SW Jefferson, Naito Parkway, NW Hoyt and 13th Avenue.  The middle and bisecting sidewalks in the Park Blocks are considered sidewalks for the purposes of this Subsection.

B.  No person may use roller skates, including in-line skates, skateboards, scooters, or other similar devices powered exclusively by human power upon any street, roadway or sidewalk on

1.  SW 5th or 6th Avenues between SW Lincoln and Burnside; and on

2.  NW 5th or 6th Avenues between Burnside and Union Station.

C.  No person may use roller skates, including in-line skates, skateboards, scooters, or other similar devices powered exclusively by human power upon any street, roadway or sidewalk between the hours of 10 p.m. and 7 a.m. on

1.  SW Fairview Boulevard between SW Knights Boulevard and SW Kingston Avenue;

2.  SW Kingston Avenue between SW Tichner Drive and the Washington Park entrance;

3.  SW Tichner Drive between SW Kingston Avenue and SW Marconi Avenue;

4.  SW Marconi Avenue;

5.  SW Park Place between SW Marconi Avenue and SW Wright Avenue;

6.  SW Lafayette Place;

7.  SW Hampshire Street between SW Lafayette Place and SW Champlain Drive;

8.  SW Champlain Drive between SW Hampshire Street and SW Rutland Terrace;

9.  SW Rutland Terrace; and

10.  West Burnside Street from Skyline Boulevard to SW Vista Avenue.

D.  No person may use roller skates, including in-line skates, skateboards, scooters, or other similar devices powered exclusively by human power upon any street, roadway or sidewalk while attached in any manner to any motor vehicle on the roadway. In addition, a person shall not knowingly drive a motor vehicle that is towing a person riding same.

E.  All persons using roller skates, including in-line skates, skateboards, scooters, or other similar devices powered exclusively by human power must while on a public street, traveling at less than the speed limit of the roadway shall yield to vehicles approaching from the rear by moving to the right curb or shoulder of the street.

F.  During limited visibility conditions and between the hours of sunset and sunrise, all persons using roller skates, including in-line skates, skateboards, scooters, or other similar devices powered exclusively by human power must be equipped with and use lighting equipment that shows a white light visible from a distance of at least 500 feet to the front of the device.

G.  During limited visibility conditions and between the hours of sunset and sunrise, all  persons using roller skates, including in-line skates, skateboards, scooters, or other similar devices powered exclusively by human power must be equipped with and use lighting equipment that has a red reflector or lighting device or material of such size or characteristic and so mounted, carried or worn as to be visible from all distances up to 600 feet to the rear when directly in front of lawful lower beams of headlights on a motor vehicle.

H.  The penalty for failing to follow the rules of Subsections A. - G. shall be a minimum fine of $115.

I.  All persons under 16 years of age shall wear protective headgear when using roller skates, including in-line skates, skateboards, scooters, or other similar devices powered exclusively by human power upon any street, sidewalk, or bridge.  The penalty for failure to wear protective headgear as required in this subsection shall be a maximum fine of $25.

J.  Except for those provisions by their very nature can have no application, this subsection adopts the Oregon Motor Vehicle Code’s rules of the road for vehicle drivers to regulate the use of roller skates, including in-line skates, skateboards, scooters, or other similar devices powered exclusively by human power upon a public highway in the City. Riders of such devices are subject to the provisions applicable to, and have the same rights and duties provided any driver of a vehicle by the Oregon Vehicle Code concerning operating on highways except when otherwise specifically provided in this Code.

1.  The penalty for failing to follow the rules of the road incorporated by Subsection J. shall be a fine of $250.

a.  First time offenders of this Code are eligible to participate in Share the Road or similar program in lieu of the fine.

K.  This Section does not apply to bicycles as defined by Section 16.90.025 of this Code.

A.  On railroad tracks located in NW 12th Avenue between West Burnside and NW Hoyt Streets, and on railroad tracks located on NW Flanders Street, between NW 12th Avenue and NW Front Avenue, it is unlawful for any person to direct, cause, or permit switching movements of freight cars between the hours of 6 a.m. and 7 p.m.

B.  No person may direct, cause, or permit any railroad equipment to be left or parked on the main line tracks of these streets.

A person owning or controlling any truck or truck trailer must provide at his or her own expense complete off-street parking facilities for the storage of all such equipment.

(Amended by Ordinance No. 165987, November 12, 1992.)

A.  It is unlawful for any person to ride or trespass upon or within any motor vehicle without the consent of the owner or operator thereof.

B.  It is unlawful for any person to post, stick, or place upon or within any motor vehicle any card, notice, handbill, leaflet, pamphlet, survey, or similar matter without the consent of the owner or operator.

C.  The provisions of this Section do not apply to any card, notice, handbill, leaflet, pamphlet, survey, or similar matter placed upon or within such motor vehicle by authority of law, by an authorized officer of the City, County, or State or by a designee of the City Traffic Engineer.

A.  It is unlawful for any person riding upon any vehicle, sled, or other conveyance to hitch or hold on to any part of another vehicle or conveyance for the purpose of being propelled or drawn along any street or highway within the City.

B.  Nothing contained in this Section is deemed to prohibit the coupling of one or more motor vehicles or motor vehicle and trailer in the manner approved by ORS 818.

It is unlawful for any person to give or receive lessons or instructions in driving or operating any vehicle upon any street, except interstate freeways, in the Central City Plan District except for access directly to and from an institution or business located in the Central City Plan District.  This Section does not apply to an applicant for a motor vehicle operator’s license when accompanied by an examiner from the office of the Department of Motor Vehicles of Oregon.

(Amended by Ordinance Nos. 165594, 166575, and 176585, effective July 5, 2002.)

A.  It is unlawful for any:

1.  Vehicle, cart, or temporary stand used to conduct business to be left unattended for 30 or more minutes or parked or stored over night on any public grounds, street, or highway.  See also: 14A.50.030, 14A.50.040, 14A.50.050, 16.20.150 D., 16.60.100 F., 17.25, 17.26.

2.  Vendor to conduct business in a roadway adjacent to or directly across from residential property for a period longer than 10 minutes within any block face.  Such vendor must vacate said block face for a period of 2 hours upon expiration of the 10-minute limit.

B.  Whenever, in the judgement of the Bureau of Police, traffic is or will be congested in and around an area being used by a vendor, the Bureau of Police is hereby given authority to cause said vendors to move and remain out of the congested area.

(Amended by Ordinance Nos. 165594 and 187564, effective January 27, 2016.)

A.  Except as otherwise provided in this Section, the provisions of this Title regulating street traffic and parking apply to driving or parking a vehicle in a City park or golf course.

B.  With approval of the Commissioner In Charge, the Director of Portland Parks & Recreation may restrict or prohibit traffic or types of traffic and parking in City parks as defined in Title 20.  Signs giving notice of any restriction or prohibition imposed under this Subsection shall be posted and maintained by the Director of Portland Parks & Recreation in a conspicuous manner and place to inform the public.  It is unlawful for any person to violate any restriction or prohibition imposed under this Subsection after notice thereof has been posted.

C.  The Bureau of Police or the Director of Portland Parks & Recreation or the Director’s designee  has authority to enforce the provisions of this Section and is authorized to order that a vehicle parked in violation of such restrictions or prohibitions be towed in the manner provided in this Title.

D.  The provisions of this Section do not apply to City authorized vehicles used in park or golf course service.

An intersection with inoperative electric traffic control signals shall be treated as an uncontrolled intersection, unless other official traffic control devices have been erected at the intersection.  This Section does not apply to freeway ramp metering signals operated by the Oregon Department of Transportation.

A.  It is unlawful for any person or owner to drive, move, or to cause or permit to be driven or moved on any street in the City any vehicle or combination of vehicles that:

1.  Exceeds the weight or size limitations set forth in the Oregon Revised Statutes (ORS), Chapter 818;

2.  Is not constructed or equipped as required by ORS 818;

3.  Is dragging upon or over the surface of a street any log, pole, piling, or other thing;

4.  Does not move exclusively on revolving wheels or rotating tracks in contact with the surface of the street;

5.  Is so constructed or loaded so as to allow its contents to drop, sift, leak, or otherwise escape therefrom; or

6.  Violates any other provisions of this Title.

B.  Operation of any vehicle or combination of vehicles in violation of the provisions of this Chapter is prima facie evidence that the owner of the vehicle or combination caused or permitted the vehicle or combination to be so operated and the owner shall be liable for any penalties imposed pursuant to ORS 818.

A.  The provisions of this Chapter governing size and weight do not apply to:

1.  Any vehicle, combination of vehicles, article, machine, or other equipment in use by the Federal Government, the State of Oregon, or any county or city while in the immediate vicinity of and involved with the construction, maintenance, or repair of public highways;

2.  Any vehicle in use by a mass transit district for the purposes authorized under ORS 267.010 to ORS 267.390, provided the size or weight of the vehicle is approved by the City for that route; or

3.  Any vehicle, combination of vehicles, article, machine, or other equipment operated under a permit issued by the Traffic Engineer and in compliance with the conditions and restrictions thereof.

B.  None of the size limits described in ORS 818, except the maximum limit of allowable extension beyond the last axle of a combination of vehicles, apply to agricultural equipment hauled, towed, or moved upon any street if the movement is incidental to the farming operations of the owner of the agricultural equipment.

Under authority granted in Section 16.10.200, the Traffic Engineer may grant written permits for the operation over City streets, or sections thereof, of any vehicle or combination of vehicles, including any load thereon, having:

A.  A gross weight;

B.  A length;

C.  A width;

D.  A height; or

E.  A maximum number of vehicles in combination; in excess of that authorized in ORS 818 or administratively imposed weight or size limits designated in accordance to 16.70.690.

A permit may not be issued for any vehicle or load that can readily or reasonably be dismantled or disassembled to reduce weight or width.  This does not apply to any vehicle, combination of vehicles, load, article, property, machine, or thing that is:

A.  Used in the immediate vicinity of construction, maintenance, or repair of public highways; and

B.  Of a length in excess of that permitted in ORS 818.

(Amended by Ordinance Nos. 176361 and 181217, effective September 14, 2007.)

A.  In issuing a permit, the Traffic Engineer may:

1.  Grant a permit that is valid for a single trip, a number of trips or an amount of time not to exceed one year.

2.  Establish seasonal or other time limitations on a permit.

3.  Require the applicant to furnish public liability or automobile insurance and property damage insurance as follows:

a.  General Liability insurance with a combined single limit of not less than $1,000,000 per occurrence for Bodily Injury and Property Damage; or

b.  Automobile Liability insurance with a combined single limit of not less than $1,000,000 per occurrence for Bodily Injury and Property Damage, including coverage for owned, hired or nonowned vehicles, as applicable; and

c.  The City of Portland, and its agents, officers, and employees are Additional Insured, but only with respect to operations occurring within the scope of the permit.

d.  There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30-days written notice from the Contractor or its insurer(s) to the City.

e.  As evidence of the insurance coverage required, the applicant shall furnish acceptable insurance certificates to the City prior to issuance of any permit.  The certificate will specify that the City is additional insured and will include the 30-day cancellation clause.  Insuring companies or entities are subject to City acceptance.   The applicant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance.

4.  Require the applicant to furnish indemnity insurance or an indemnity bond in an amount fixed by the Traffic Engineer to:

a.  Reimburse the City of Portland for any damage to the highways or streets that may be caused under the permit; and

b.  Indemnify the members, officers, employees, and agents of the City of Portland from any claim that might arise from the granting of the permit and from the use of the highways under the permit.

5.  Require a demonstration by the applicant to establish that any vehicle, combination of vehicles, load, article, property, machine, or thing in operation under a permit would:

a.  Stay on the right side of the center line of the traveled way at all times; and

b.  Allow sufficient room in the opposing traffic lane for the safe movement of other vehicles.

B.  A permit must be in writing and must specify:

1.  All highways or streets over which the permit is valid;

2.  Any vehicle, combination of vehicles, load, article, property, machine, or thing allowed under the permit; and

3.  Maximum dimensions and maximum weights allowed under the permit.

C.  Under this section, the Traffic Engineer may not issue a permit that is valid for longer than 1 year.

D.  An application for a permit issued under this section must specify:

1.  The vehicle, combination of vehicles, load, article, property, machine, or thing for which the permit is requested;

2.  The particular highways and streets for which the permit is sought; and

3.  Whether the permit is sought for a single trip, a number of trips or continuous operation.

E.  This Section does not authorize:

1.  Any vehicle, combination of vehicles, load, article, property, machine, or thing for which the permit is issued to be operated or moved contrary to any provisions of the vehicle code, except as specified in a permit; or

2.  Any movement or operation of a vehicle, combination of vehicles, load, article, property, machine, or thing until a permit is issued.

3.  Any vehicle, combination of vehicles, load, article, property, machine, or thing which is eligible for a permit under the State of Oregon Continuous Operation Variance Permit program as described in OAR 734.074.0010.

F.  The City Traffic Engineer may be present during the movement.  The presence of the City Traffic Engineer and any directions or suggestion made by him/her is not to be considered supervision of the movement and does not relieve the permit holder or the permit holder’s insurers or sureties from liability for any damage done by the movement.  If there are any of the permit’s terms or conditions with which the movement does not comply, the City Traffic Engineer who is present at the movement may order it to be stopped.

G.  Any permit may be canceled at any time by the City Traffic Engineer upon satisfactory proof that:

1.  The permit holder has violated any of the terms of the permit;

2.  The permit was obtained through misrepresentation in the application therefor; or

3.  The public interest requires cancellation.

A.  The driver of any vehicle or combination of vehicles for which a variance permit has been issued commits the offense of failure to carry and display a variance permit if the driver does not:

1.  Have the variance permit in immediate possession at all times when driving the vehicle or combination of vehicles upon a public highway or street; and

2.  Display the variance permit upon demand of any police officer, department or county weighmaster, judicial officer, or the City Traffic Engineer.

B.  Later producing a variance permit issued prior to and valid at the time of an offense by authority of this section is not a defense for a charge under this Section.

The movement of buildings or other structures on or over the streets and other public right-of-ways of the City is excluded from the provisions of this Chapter.  (See Chapter 17.48, Public Improvements.)

Any person moving any vehicle of excess weight or size on or over any street or other public right-of-way in the City is responsible for damage to pavement or other public improvement or property caused thereby.

A.  When in the judgement of the City Traffic Engineer any City street or section thereof is capable of carrying any vehicle or combination of vehicles having a gross weight or overall size in excess of that authorized in ORS 818, the City Traffic Engineer may report to the City Council so declaring that street and fixing the maximum gross weight, width, height, and/or length and types and classes of vehicles or combination of vehicles which may be operated thereon. 

B.  The provisions of any report accepted by the City Council pursuant to recommendation of the City Traffic Engineer under this Section may be changed or rescinded at any time and is subject to any order made pursuant to Section 16.10.200.

C.  If a report submitted by the City Traffic Engineer under this Section is accepted by the City Council, a duplicate original thereof (and any amendment or revocation thereof) must be filed by the Auditor with the Secretary of State.  After such resolution is adopted and filed, no permit is required for the operation upon such street or section thereof of a vehicle or combination of vehicles not exceeding the maximum gross weight and length fixed by the report for vehicles or combinations of vehicles of that type and class.

The purpose of this Chapter is to prohibit the repeated driving of a motor vehicle along and across one portion of a congested public street, which constitutes a strict liability violation without any requirement of culpable mental state, all as described in this Chapter.

With respect to any traffic congestion thoroughfare, the Chief of the Bureau of Police or his/her designee is authorized to declare that portion of the street to be a traffic congestion thoroughfare and to cause signs, as described in this Chapter, to be posted notifying of that designation.

The signs referred to in Section 16.70.720 will notify drivers that they are entering a traffic congestion thoroughfare; that repeated passage of a motor vehicle through or across the traffic congestion thoroughfare is a violation of City Code Section 16.70.740; and that for a subsequent violation, the vehicle will be towed.

Between the hours of 9 p.m. and 5 a.m. of the following morning, no vehicle may pass along or across a traffic congestion thoroughfare, designated as such by signs as described in Section 16.70.730, more than two times.

(Amended by Ordinance Nos. 165987 and 176394, effective April 17, 2002. Corrected under authority of PCC Section 1.01.035 on May 15, 2017.) 

A.  Except as provided below, violation of this Chapter is an infraction punishable by a fine not to exceed $150.

B.  Violation of Sections 16.20.470, 16.70.510 A. and 16.10.060, is punishable by a fine of not more than $500, or by imprisonment not exceeding 10 days or both.

If a vehicle passes along or across a traffic congestion thoroughfare as designated by signs in violation of Section 16.70.740, any single subsequent drive‑through of that traffic congestion thoroughfare by that vehicle within the same 9 p.m. to 5 a.m. time period constitutes a separate violation of Section 16.70.740, punishable as provided in section 16.70.750; and the vehicle may be towed and taken to a storage area designated by the City and may be held for not more than 24 hours, all at the expense of the owner or person entitled to possession.

Upon issuing a citation for a violation of Section 16.70.740, the officer will give the person to whom the citation is issued a written notice which will state:

NOTICE

You have been cited for violation of Code Section 16.70.740 for repeated passage of a motor vehicle on or across a traffic congestion thoroughfare.

If the vehicle you are driving is again driven along or across this traffic congestion thoroughfare before 5 a.m. this morning, this vehicle may be impounded and towed in accordance with City Code Section 16.70.760.

Chief of the Bureau of Police

This Section does not apply to:

A.  Any publicly owned vehicle of any city, county, public district, state, or federal agency;

B.  Any vehicle licensed for public transportation; or

C.  Any other vehicle granted an exemption by the Chief of Police because passage of the vehicle along or across the traffic congestion thoroughfare is necessary for commercial or medical reasons.  

(Amended by Ordinance Nos. 165987, 173369, 183397, 184522, 185448 and 186053, effective January 1, 2015.)

A.  It is the responsibility of the owner or occupant of any property to prevent any vegetation including trees on the property or the abutting public right-of-way from partially or wholly obstructing the visibility of traffic control devices, the visibility of or for drivers, bicyclists, or pedestrians, or in any way presents a safety hazard.

B.  The person who owns or occupies said property is liable to any person who is injured or otherwise suffers damage by reason of the failure to remove or prune such vegetation as required by Title 16 or any other Title of the City Code.  Furthermore, said person is liable to the City of Portland for any judgement or expense incurred or paid by the City, by reason of said person’s failure to satisfy the obligations imposed by this or any other Title of the City Code.

C.  Any tree removal or pruning required by this Title shall be done in accordance with the provisions of Title 11, including the need to obtain tree permits for removal and pruning.

D.  Vegetation, including trees, in green street or other public stormwater management facilities, shall be trimmed only by the City or under the authorization of the Bureau of Environmental Services (BES). 

E.  Any vegetation or tree not removed or pruned as required in this Title is hereby declared to be a public nuisance and may be summarily abated as provided in Title 29.

F.  Whenever the provisions of this section conflict with those of any other section of this code, including but not limited to Titles 11, 16, 17 and 33, the stricter provisions shall govern.

(Added by Ordinance No. 176585, effective July 5, 2002.)  No person, whether acting as private citizen, principal, employee or agent shall:

A.  Between the hours of sunset and sunrise, place or allow to remain on any street any obstruction, other than a lawfully parked vehicle or any permitted structure, unless a clearly displayed warning light or lights are:

1.  plainly visible for 200 feet in either direction parallel to the street and at least 25 feet in all other directions, and

2.  placed on the edge or side of the obstruction nearest the center of the street.

B.  At any time, create a dangerous condition on any street without erecting and maintaining a distinctly visible barricade which provides a clear indication of the danger and directs people safely around it;  and/or

C.  Remove such a barricade from any street while the danger continues.

(Added by Ordinance No. 173097, effective by February 10, 1999.)

A.  A driver of a vehicle commits the crime of reckless driving within the City of Portland if the driver commits two or more of the following violations in a single series of acts in such a way as to endanger the safety of persons or property:

1.  Unlawful or unsignaled lane change;

2.  Unsafe passing on the left or right;

3.  Passing in a no-passing zone;

4.  Following too close;

5.  Illegal backing;

6.  Unlawful stop or deceleration;

7.  Failure to signal;

8.  Violation of maximum speed limit in an urban area;  or

9.  Taking other actions that a reasonable driver would know endanger the safety of persons or property in a congested urban driving environment such as the City of Portland.

B.  Violation of this law shall constitute a Class A Misdemeanor as prescribed in State law.