From: Gerald Fisher
Sent: Mon Dec 30 10:59:24 2019
To: Andy Peters
Subject: RE: Toliver Estates (AKA Monopoly streets neighborhood)
Importance: Normal
We have a standard for private street signs when signage is on our ROW. Also, state law I believe still requires motorists to stop when entering public ROW. To lessen the chance for an error, we will maintain signs on the City ROW. So, a stop sign is required at both entrances to Toliver Road (green sign) and the private street signs (blue sign with “PVT” at the end of the name) at the stop sign location. All internal signs are the responsibility of the private land owners. The only time where this is not the case is when they access ODOT ROW. Then they have to follow ODOT rules. Thanks.
Regards,
Gerald Fisher, P.E. | Public Works Director
City of Molalla
117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038
Office: 503.829.6855 | Direct: 503.759.0218
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From: Andy Peters <apeters@cityofmolalla.com>
Sent: Monday, December 23, 2019 10:52 AM
To: Gerald Fisher <gfisher@cityofmolalla.com>
Subject: FW: Toliver Estates (AKA Monopoly streets neighborhood)
Low priority: this came up while you were out. We should make sure our Standards require MUTCD on “private roads open to the public”. Andy
From: Andy Peters
Sent: Monday, December 23, 2019 10:39 AM
To: Chris Long <clong@molallapolice.com>; Dan Zinder <dzinder@cityofmolalla.com>
Cc: Frank Schoenfeld <fschoenfeld@molallapolice.com>
Subject: RE: Toliver Estates (AKA Monopoly streets neighborhood)
Gents, I don’t think the City is exposed to liability or torts on this: from the Federal Highway Administration:
“Private roads open to public travel are now subject to the same traffic control standards as public streets and highways. However, the FHWA does not believe it is necessary for State and/or local highway agencies to have specific authority or enforcement responsibility for traffic control devices on private roads to ensure compliance with the MUTCD. Owners or parties responsible for such private roads are encouraged to bring the traffic control devices into compliance with the MUTCD and other applicable State Manuals, and those who do not may find themselves exposed to increased tort liability. State and local jurisdictions can encourage MUTCD compliance on private roads by incorporating pertinent language into zoning requirements, building and occupancy permits, and similar controls that they exercise over private properties.”
Dan, I like your idea of sending their HOA a friendly letter explaining there was an accident, and suggesting they install these signs in accordance with MUTCD, in order to avoid exposing themselves to torts. With maybe a copy of the fact sheet. Andy
http://media.atssa.com.s3.amazonaws.com/member-file/MUTCDupdate%20with%20links.pdf
https://mutcd.fhwa.dot.gov/knowledge/faqs/faq_general.htm#praq2
From: Chris Long <clong@molallapolice.com>
Sent: Monday, December 23, 2019 10:18 AM
To: Andy Peters <apeters@cityofmolalla.com>; Dan Zinder <dzinder@cityofmolalla.com>
Cc: Frank Schoenfeld <fschoenfeld@molallapolice.com>
Subject: FW: Toliver Estates (AKA Monopoly streets neighborhood)
Hey Andy and Dan, I’m assuming the roads inside the mobile home park are private property, but is there anything requiring signage on the property owners part if his roadway intersects a city street? I see liability on the city and property owner for a crash that occurs without proper signage (Stop Sign).
Any thoughts?
Lieutenant Chris Long
Molalla Police Department
117 N. Molalla Ave
Molalla OR 97038
(503)-829-8817
From: Anthony Lapointe <alapointe@molallapolice.com>
Sent: Monday, December 23, 2019 9:51 AM
To: Chris Long <clong@molallapolice.com>
Subject: Toliver Estates (AKA Monopoly streets neighborhood)
FYI> On December 22, 2019 I responded to a traffic crash at the intersection of Toliver Rd. and Industrial Way. One of the driver’s using the east exit to leave Toliver Estates and enter the roadway onto Toliver Rd. ran into a vehicle travelling eastbound on Toliver Rd. Both parties involved commented on how there is no Stop sign at the exit from Toliver Estates. There was injury to one of the driver’s whom was transported by ambulance to Silverton Hospital. After speaking with Zinder I confirmed the Toliver Estates property and roadways are privately owned. I wanted everyone to be aware of the incident. Due to the observations by both parties involved I foresee possible questions regarding liability or ownership of the Toliver Estates roadway regarding signage.
Detective Anthony LaPointe
Molalla Police Department
117 N. Molalla Ave.
Molalla, OR 97038
Office: 503 829 8817 Ext. 271
Fax: 503-829-3461
Non Emergency 503-655-8211