ORDINANCE NO. 423

AN ORDINANCE PROHIBITING MOTOR VEHICLE DRIVING AND PARKING OR ANIMAL RIDING OR DRIVING ON RUTHERFORD ROAD PARKWAY AND ALL PEDESTRIAN/BICYCLE PATHS OR LANES WITHIN THE CITY OF COLUMBIA CITY; AND DECLARING AN EMERGENCY.

WHEREAS, Columbia County, Columbia City and the City of St. Helens have joined together to obtain a grant and construct a pedestrian/bicycle path named Rutherford Road Parkway from St. Helens to Columbia City, through a portion of Columbia County; and

WHEREAS, construction of a paved pedestrian and bikeway has been completed through the Rutherford Road Parkway area; and

WHEREAS, the City has constructed another pedestrian/bicycle path adjacent to or near the West side of Highway 30 from "E" Street to the North City limits; and

WHEREAS, the Columbia City Council believes that the construction of additional pedestrian/bicycle paths or lanes is contemplated; and

WHEREAS, the Columbia City Council believes that the operation or parking of motor vehicles on Rutherford Road Parkway, or any other pedestrian/bicycle path or lane within the City, would be detrimental to pedestrians, bicycle users and the pathway itself; now, therefore,

THE CITY OF COLUMBIA CITY ORDAINS AS FOLLOWS:

Section 1. NO MOTOR VEHICLES OR ANIMALS ON PEDESTRIAN/BICYCLE PATHS. No person shall drive or park a motor vehicle, horse or other animal in the Rutherford Road Parkway area which extends from 4^th and M Streets in Columbia City South on 4^th Street to the city limits of Columbia City; then South along Rutherford Road, a county road; it parallels Burlington-Northern Railroad right of way to the Northerly end of Oregon Street in the city of St. Helens, without permission from the City Council; nor shall any person drive or park a motor vehicle, horse or other animal in any pedestrian/bicycle path or lane within Columbia City.

(a) "Motor vehicle" is defined for purposes of this section as a vehicle that is self-propelled or designed for self-propulsion except police, fire, ambulance and other emergency response vehicles and except public utility vehicles operating in the course of official business. [Amended by Ord. 99-540-0 10/7/99.]

(b) Permission: In cases of emergency or unusual necessity, persons may obtain permission to use a pedestrian/bicycle path for motor vehicles or animals, subject to reasonable conditions established by the City Council for the protection of pedestrian and bicycle traffic, and the pathway itself.

Section 2. PENALTY. Unless otherwise provided by Oregon statute, violation of this ordinance shall be not less than $200 for the first offense within a 12-month period and $500 for the second offense within the same 12-month period. The maximum penalty shall be $500 for each violation.

[Section 3. EMERGENCY.]

Passed by the council and approved by the mayor October 17, 1985.

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