5.155 Traffic Congestion Thoroughfares.
(1) Purpose. The purpose of this section is to prohibit the repeated driving of a motor vehicle along and across one portion of a congested public thoroughfare. Violation of this section shall constitute a strict liability offense without requirement of a culpable mental state.
(2) Thoroughfare defined. A thoroughfare is any street, as that term is defined in this code.
(3) Traffic congestion thoroughfare defined. A traffic congestion thoroughfare is any portion of a public thoroughfare within the city affected by traffic congestion or a pattern of increased traffic caused in whole or in part by the repeated driving of the same motor vehicles along or across that portion of the thoroughfare.
(4) Posting signs. With respect to any traffic congestion thoroughfare, the city manager or 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 congestion thoroughfare between the prohibited hours, more than three times during any two hour period is a violation of this section; and that for a subsequent violation the vehicle may be towed.
(6) Acts prohibited. Between the prohibited hours indicated on the posted signs, no vehicle shall pass along or across a traffic congestion thoroughfare, designated as such by signs as described in subsection (5) above, more than three times during any two hour period.
(7) Notice of towing for subsequent violations. 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:
NOTICE
You have been cited for violation of Section 5.155(6) 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 is again driven along or across this traffic congestion thoroughfare before (end 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) Exemptions. This section shall 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.
(c) Any other vehicle granted an exemption by the city manager or designee because passage of the vehicle along or across the traffic congestion thoroughfare is necessary for commercial or medical reasons.
(d) Any vehicle being driven directly to or from:
1. The residence of the driver or a passenger in the vehicle if the driver or passenger resides on the traffic congestion thoroughfare; or
2. The place of employment of, or a business owned by, the driver or a passenger in the vehicle if the place of employment or business is located on the traffic congestion thoroughfare.