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Ord 2225 - Juris Public ROW COUNCIL BILL NO. 1920 ORDINANCE NO. 2225 AN ORDINANCE ASSERTING JURISDICTION AND EXERCISING AUmORITY OVER PUBLIC RIGHTS-OF-WAY; REQUIRING PERMISSION TO USE SAID RIGHTS-OF-WAY; REGULATING THE USE OF SAID RIGHTS-OF-WAY; REPEALING ORDINANCE NO. 2185 AND DECLARING AN EMERGENCY. WHEREAS, the City ofW oodburn has jurisdiction and exercises regulatory control over all public rights-of-way within the incorporated city under the authority of City Charter and state law; and WHEREAS, the City Council by Ordinance No. 2185 clarified jurisdiction over city rights-of-way; and WHEREAS, it is necessary to further clarify the city's position on rights-of-way by the passage of this ordinance; NOW, mEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. For the purpose of this ordinance, the following mean: City: The city of Woodburn, Oregon. Person: Individual, corporation, association, firm, partnership, joint stock company, and similar entities. Public rights-of-wav: Include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including subsurface and air space over these areas. Within the city: Territory over which the city now has or acquires jurisdiction for the exercise of its powers. Section 2. Jurisdiction. The city of Woodburn has jurisdiction and exercises regulatory control over all public rights-of-way within the city under the authority of the city charter and state law. Section 3. ScoDe of Re~ulatorv Control. The city has jurisdiction and exercises regulatory control over each public right-of-way whether the city has a fee, easement, or other legal interest in the right-of-way. The city has jurisdiction and regulatory control over each right- Page I - COUNCIL BILL NO. 1920 ORDINANCE NO. 2225 T""- ',"""'-~"" of-way whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means. Section 4. City Permission Reauirement. No person may occupy or encroach on a public right-of-way without the permission of the city. The city grants permission to use rights- of-way by franchises, licenses and permits. Section 5. Obstructions Prohibited. No person shall obstruct, cause to be obstructed, assist in obstructing or interfere with a public right-of-way by depositing or storing personal property or other material on the right-of-way or by any other manner obstructing or interfering with the right-of-way without first obtaining city permission. This section shall not apply to the delivery of merchandise, equipment, or services provided the delivery is accomplished with a reasonable time. Section 6. DeDosit of Materials Prohibited. No person shall deposit garbage, earth, debris, or rubbish of any kind on a public right-of-way without first obtaining city permission. Section 7. Oblil!ations of the Citv. The exercise of jurisdiction and regulatory control over a public right-of-way by the city is not official acceptance of the right-of-way, and does not obligate the city to maintain or repair any part of the right-of-way. Section 8. Penaltv. Violation ofthis ordinance constitutes a class 2 civil infraction and may be dealt with according to the procedures established by Ordinance 1998. Section 9. Non-Exclusive Remedv. The penalty described in this ordinance shall not be the exclusive remedy of the city for the violation of the ordinance. The procedures and remedies contained in this ordinance shall not be read to prohibit in any way any alternative remedies set out in ordinances or state statutes intended to alleviate ordinance violations. Section 10. ReDeal. Ordinance No. 2185 is hereby repealed. Section 11. Severabilitv. Invalidity ofa section or part ofa section of this ordinance shall not affect the validity of the remaining sections or part of sections. Section 12. Emerl!encY. This ordinance being necessary for the immediate preservation ofthe public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Co . and approval by the Mayor. Approved as to fO~' ~ - /0 - '7 g City Attorney Date Page 2 - COUNCIL BILL NO. 1920 ORDINANCE NO. 2225 ,. "........ <,,-- ..". "." . .~"_...,.. --'''-'~-''''''-'''--''-~'-'~' ..~ ..,.,."~-~.._--_._,.... Passed by the Council Submitted to the Mayor Approved by the Mayor File in the Office of the City Recorder Attest: ~ I J c:u.A. Y--.-............... Mary e~t, City Recorder City of Wood bum, Oregon APPROVED: ~-~,.v.~C~'~?7 NANCY A. SEY, MAYOR August 10, 1998 , Auqust 10, 1998 August 10, 1998 Auqust 10, 1998 Page 3 - COUNCIL BILL NO. 1920 ORDINANCE NO. 2225 . _ _... .... ~ .."---."......._~ ._-~._..._" --.-... _ ---- .--------..- ---....'--......-. ..- -,,_._--~.