A. Definitions: For the purpose of this Section, the following definitions apply:
CITY INFRACTION: An offense against the City in the form of a violation of this Section that shall be handled in accordance with the procedures established by this Section. When an infraction is of a continuing nature, a separate infraction will be deemed to occur for each one hour the infraction continues to exist and a separate violation may be filed for each infraction. The only penalty to be imposed for an infraction is a monetary penalty called a forfeiture. The amount of the forfeiture is as set forth in this Section.
COUNCIL: The City Council of the City of Heppner.
PARKING ZONES: A certain designated and marked off section of the public streets where a vehicle may be temporarily parked and allowed to remain for such a period of time as provided for in this Section.
PERSON: Includes any person, firm, partnership, corporation or association of persons.
STREET: Every public way, thoroughfare and place, including bridges, viaducts and other structures within the boundary of the corporate limits of the City of Heppner, used or intended for the use of the general public for vehicles.
VEHICLE: Any device by which any person or property may be transported upon a public highway, except those operated upon rails or permanent tracks.
B. Parking Zones: Parking zones are hereby created on the following streets of the City:
Main Street between Baltimore and May Streets.
May Street between Main and Chase Streets.
Willow Street between Gale and Chase Streets.
and such other locations as the Council shall select as parking zones. All such locations selected as parking zones shall be done at Council meetings and shall be duly recorded in the minutes of the Council meeting at which such locations are selected.
C. Marking of Parking Places: The Chief of Police shall have markings painted or placed upon the curb or upon the street designating each parking space. It shall be deemed an infraction of this Section to park any vehicle across any such line or marking or to park said vehicle in such a position that it is not entirely within the area so designated by such lines or markings.
D. Parking Time Limitations: It shall be deemed an infraction of this Section for any person to park any vehicle in a designated parking zone for a period longer than two (2) hours. This two (2) hour limitation shall be in effect between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M., except Sundays and holidays. The Council may designate special parking time periods for any area within the parking zone. It shall be the duty of the Chief of Police to clearly designate such areas and the special parking time periods for each area. Designation of special parking time period areas shall be recorded in the minutes of the Council meeting at which such areas are selected.
E. Loading Zones: Whenever the Council shall deem it advisable or necessary to provide loading zones on any street, it shall plainly mark such loading zones with paint or other distinguishing markings and shall plainly designate at such loading zones the time at which parking shall be prohibited therein. Designation of loading zone areas shall be recorded in the minutes of the Council meeting at which such areas are selected. It shall be deemed an infraction of this Section to park within designated loading zones during the times parking is prohibited.
F. Issuance of Complaint:
1. The Chief of Police shall be responsible for enforcement of this Section. When any vehicle or person is found in violation of this Section, a notice shall be delivered to the violator or placed in a conspicuous place upon the vehicle involved in the violation. The notice shall serve as complaint in the case.
2. The notice shall contain the following information:
a. The date, place and nature of the charge;
b. The time and place for the violator's appearance in court;
c. The name of the issuing officer;
d. The license number of the vehicle, if the vehicle has a license;
e. The scheduled security for the infraction, and notice that the security shall be forfeited if the violator does not appear at his appointed court date.
G. Amount of Security: A security of ten dollars ($10.00) shall be posted with the Municipal Judge or at such other place as the Council shall designate and that is recorded in the minutes of a Council meeting. Security shall be posted within twenty four (24) hours of the delivery of the complaint or the placing of the complaint on the violating vehicle unless the delivery or placing of the complaint is done on a Friday or Saturday. In that case, security must be posted the following Monday. If the ten dollar ($10.00) security is not posted as provided above, the amount of the security shall double and shall be the sum of twenty dollars ($20.00). The security received shall be returned upon the appearance at the hearing as set forth in the complaint of the person alleged to have committed the infraction.
H. Hearing:
1. A hearing shall be provided for each alleged infraction on the date and time as set forth in the complaint.
2. The procedure for the hearing shall be as set forth in Title 1, Chapter 4 of this Code, with the following additions:
a. After due consideration of the evidence and agreements presented at the hearing, the Municipal Judge shall determine whether the infraction as alleged in the complaint has been established. When an infraction has not been established, an order dismissing the complaint shall be entered in the Municipal Court records.
b. Unless otherwise provided by this Section, upon a finding that the infraction has occurred, the City shall assess the forfeiture shown in the schedule established in accordance with this Section.
c. There shall be no administrative appeal or legal review from a determination by the Municipal Court of an infraction violation.
I. Enforcement:
1. If any person fails to appear at a scheduled hearing as provided herein, a default judgment shall be entered for the amount of scheduled forfeiture applicable to the charged infraction.
2. After a hearing and determination by the Municipal Court that an infraction has occurred, the City shall assess the scheduled forfeiture applicable to the determined infraction. Such forfeitures are payable upon receipt of the final order declaring the forfeiture.
3. Nothing in this Section shall limit the City from revoking or denying any City licenses or permits held or desired by a person owing a forfeiture to the City.
J. Forfeiture Schedule:
1. Violators of subsections C or D of this Section shall be assessed a forfeiture of ten dollars ($10.00) if security is posted within twenty four (24) hours of delivery of the complaint or the placement of the complaint on the violator's vehicle or is posted as is otherwise provided in subsection G of this Section; if the ten dollar ($10.00) security is not posted, the forfeiture shall be twenty dollars ($20.00). Should security not be paid before the hearing date and should the alleged violator make no personal appearance at the hearing as provided for in this Section, the forfeiture shall be determined to be a Class D forfeiture as set forth in Section 1-4-1 of this Code.
2. Violators of subsection E of this Section shall be assessed a forfeiture of twenty five dollars ($25.00) for each infraction. (Ord. 417, 5-1-78; 1995 Code)