HomeMy WebLinkAbout2989 Right of Way Regulation
ORDINANCE NO. dq f'1
AN ORDINANCE AMENDING AMC CHAPTER 13
TO ESTABLISH STANDARD FORMS FOR RIGHT-OF-WAY REGULATION
AND PROVIDING FOR DONATION OR LOAN OF FUNCTIONAL ITEMS
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold" ... ... and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the .
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession,
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities, City of
Beaverton v. International Ass'n of Firefiqhters, Local 1660, Beaverton Shop, 20 Or.
App. 293, (1975); and
WHEREAS, the 2008 Downtown Task Force made several recommendations to the
City Council concerning the use of City sidewalks for commercial and other purposes,
including: Issues 5 - 7, as outlined on the Task Force Summary Report which concern,
inter alia, more equitable allowance for use of the public right-of-way for private
commercial use, a more consistent encroachment permit process, including standards
for placement of functional objects (planter boxes, benches, trash cans, etc - with
allowance for private placement of such public use items), control over the placement
and maintenance of miscellaneous publication racks and news-racks within the
downtown; and
WHEREAS, the City of Ashland wishes to modify and update City Ordinances relating
to use of City right-of-way to provide for standard forms and to make allowance for
donation or loan of functional items; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS
SECTION 1. The recitals set forth above are true and correct and are incorporated
herein by this reference,
SECTION 2. AMC Section 13,02.040 is hereby amended to read as follows:
13,02.040 Permission Required
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A. Prohibition. Except as provided in AMC 13.02,040,C. no No person or entity
may occupy or encroach on a public right-of-way without the permission of the
city, The city grants permission to use public rights-of-way. by franchises,
licenses. concessions and permits.
B. Standard forms, Franchises. licenses. concessions and permits for use of
public riQhts-of-way. shall comply with all applicable requirements for
occupancy or encroachment of such areas as set forth in Chapter 13.03
and other applicable provisions of the Ashland Municipal Code.
Franchises. licenses concessions and permits shall be submitted on a City
standard form franchise. license. concession. or permit template. toaether
with reauired fees. if any. Such standard form templates and fees may be
adopted and amended by the City Council by Resolution.
C. City Functional Items. The City of Ashland is not reauired to obtain
permits or other City authorizations to place City utilities. facilities or other
structures. in the riaht-of -way. includina "functional items" intended for
public usaae. City functional items include, but are not limited to, a City
standard bench. water fountain. planter box. aarbaae receptacle. ash can.
bike rack. bollard. publication box. or other functional items identified by
Resolution of the City Council. The City Council Resolution shall identify
functional items and establish minimum standards for such items.
D. Donated or Loaned Functional Items. An abuttina property owner toaether
with the occupant may donate or loan to the City of Ashland a City
standard functional item for use in an adiacent sidewalk permit area. Other
persons or entities may also donate or loan functional items. for use in
non-adiacent public areas. Items accepted on loan reauire insurance and a
maintenance I hold harmless I indemnity aareement in the standard
approved form. Donated items do not reauire insurance or a maintenance
aareement but the donations must be accepted by the City to be eliaible for
placement. The City Administrator is deleaated authority to accept or
reiect donations and loans for purposes of this Chapter. in the
Administrator's sole discretion. After demonstrated compliance with this
section. the City Public Works Director may authorize in writina the
placement of a donated or loaned city standard functional item. in locations
meetina. at a minimum. the six foot or eiQht foot clearance reauirement of
AMC 10.64.010 or in approved locations shown on an adopted Downtown
Sidewalk Usaae Map. Items not strictly complyina with minimum
standards for such City functional items, (e.a. - a decorative art bench) may
be permitted throuah the public art process in AMC Chapter 2.17.
E. Penalty. Knowinaly occupyina or encroachinQ upon a public riaht-of-way
without the permission of the City shall be considered a Class C
misdemeanor offense. subiect to the limitations of AMC 1.08. Violation of
any code reauirement, aareement, permit, license, or provision thereof.
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includinq anv term. standard, requirement. or condition shall be considered
Class A violation punishable as provided in AMC 1.08.
SECTION 3, Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses,
SECTION 4. Savings. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced shall
remain valid and in full force and effect for purposes of all cases filed or commenced
during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions commenced and continued under the laws in effect at the time the matters
were originally filed.
SECTION 5. Delayed Effective Date. In order to allow time for the City Council to
adopt standard forms and implementing documents, this Ordinance shall not be
effective until November 1, 2009.
SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1,
3-6) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors..
The foregoing ordinance was first read by title only in acc
Section 2 ) of the City Charter on the .:<.5 day of
and du ASSED and ADOPTED this .:1/ day of
I/( L~
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this 2.-2 day of ~, 2009
rdance with Article X,
,2009
,2009.
Reviewed as to form:
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