HomeMy WebLinkAbout2798 Public Right of Way Juris.ORDINANGE NO. ~¢~
AN ORDINANCE ADDING CHAPTER 13.02 TO THE ASHLAND
MUNICIPAL CODE TO CLARIFY JURISDICTION OF PUBLIC RIGHTS-
OF-WAY WITHIN THE CITY
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The following chapter 13.02 is added to the Ashland Municipal Code:
Chapter 13.02
PUBLIC RIGHTS OF WAY
Sections:
13.02.010
13.02.020
13.02.030
13.02.040
13.02.050
Definitions.
Jurisdiction.
Scope of Regulatory Control.
Permission Required.
Obligations of City.
13.02.010 Definitions. For the purpose of this chapter, the following mean:
A. Person: Individual, corporation, association, firm, partnership, joint stock
company, and similar entities.
B. Public rights-of-way: 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.
C. Within the city: Territory over which the city now has or acquires jurisdiction
for the exercise of its powers.
13.02,020 Jurisdiction. The city 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.
13.02.030 Scope of Regulatory 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-of-way whether the legal interest in the right-of-way was
obtained by grant, dedication, prescription, reservation, condemnation, annexation,
foreclosure, or other means.
13.02.040 Permission Required. 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.
PUBLIC RIGHTS-OF-WAY ORDINANCE Ip:ord\rightway.ord)
13.02.050 Obligations of City. 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 for public
access and does not obligate the city to open or improve any part of the right-of-way.
Upon improvement of any public right-of-way to city street standards, the city shall
accept the improvement and maintain and repair such improvement to the standard to
which it has been improved.
For purposes of weed abatement and similar ordinances imposing obligations upon
property owners, the city shall be responsible for compliance with such ordinances in
public rights-of-way.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the : day of
and du~ PASSED and ADOPTED this ./~/day of
EFarbara Christensen, City Recorder
,1997,
,1997.
SIGNED and APPROVED this /'/~'2 day of /~'~~,
,1997.
Catherine M. Golden, Mayor
Approved as to form:
Paul Nolte, City Attorney
PUBLIC RIGHTS-OF-WAY ORDINANCE (p:ord\rightwa¥.ord)