Chapter 12.25
RIGHTS-OF-WAY JURISDICTION

Sections:

12.25.010    Definitions.

12.25.020    Jurisdiction.

12.25.030    Scope of regulatory control.

12.25.040    City permission requirement.

12.25.050    Obligations of the city.

12.25.010 Definitions.

For the purpose of this chapter, the following mean:

(1) City: The city of Burns, Oregon.

(2) Person: Individual, corporation, association, firm, partnership, joint stock company, and similar entities.

(3) 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.

(4) Within the city: Territory over which the city now has or acquires jurisdiction for the exercise of its powers. [Ord. 717 § 1, 1997]

12.25.020 Jurisdiction.

The city of Burns 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. [Ord. 717 § 2, 1997]

12.25.030 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. [Ord. 717 § 3, 1997]

12.25.040 City permission requirement.

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 ordinances, franchises, licenses and permits. [Ord. 717 § 4, 1997]

12.25.050 Obligations of the 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, and does not obligate the city to maintain or repair any part of the right-of-way. [Ord. 717 § 5, 1997]