478.240. - Parking of overweight vehicles and commercial vehicles and commercial passenger vehicles.
(a) No vehicle or hitched or unhitched combination, with or without load, which weighs more than ten thousand (10,000) pounds or is registered for a gross weight of more than twelve thousand (12,000) pounds, nor any commercial vehicle or commercial passenger vehicle which is within or abutting, including across a street or alley from any residential zoning district or residential combination district, including office residential districts, as described in Title 20 of this code shall be permitted to stop, stand or park on any street unless one of the following conditions is met:
(1) Such vehicle is actually and expeditiously engaged in the loading or unloading of passengers or materials from the vehicle; or
(2) Such vehicle is stopped, parked, or standing in compliance with specially posted signals or signs regulating the weight of a vehicle or combination, or at the directions of an authorized traffic control agent or police officer.
(b) No vehicle or hitched or unhitched combination, with or without load, which weighs more than twenty-six thousand (26,000) pounds or is registered for a gross weight of more than twenty-six thousand (26,000) pounds shall be permitted to stop, stand, or park on any street unless one of the following exceptions is met:
(1) Such vehicle is actually and expeditiously engaged in the loading or unloading of passengers or materials from the vehicle; or
(2) Such vehicle is stopped, parked, or standing in compliance with specially posted signals or signs regulating the weight of a vehicle or combination, or at the directions of an authorized traffic control agent or police officer.
(c) If any vehicle or hitched or unhitched combination is stopped, standing, or parked in violation of the terms of this section, either the driver or the owner of the vehicle or combination, or for a leased vehicle or combination, the driver, lessor or lessee of the vehicle or combination, is guilty of the violation and subject to the penalty as provided by subsection (d).
(1) No person may be penalized if another person is penalized, convicted for, or pleads guilty to the violation, or if the vehicle or combination was stolen at the time of the violation.
(2) This section does not apply to a lessor of a motor vehicle if the lessor keeps a record of the name and address of the lessee.
(3) If proven by a preponderance of the evidence, it is an affirmative defense to a violation of this section if the vehicle or hitched or unhitched combination was actually and expeditiously engaged in the providing of bona fide services at the location where parked during the date and time specified in the charging document.
(d) Any violation of the terms of this section shall be subject to a fine of one hundred dollars ($100.00) from January 1, 2022, until December 31, 2022, and one hundred fifty dollars ($150.00) from January 1, 2023 until December 31, 2023, and two hundred fifty dollars ($250.00) thereafter.
(Code 1960, As Amend., § 411.310; Ord. of 10-26-73, § 1; 78-Or-155, § 1, 8-11-78; 90-Or-319, § 1, 12-28-90; 91-Or-099, § 1, 5-10-91; Ord. No. 2021-038, § 1, 7-23-21)