Chapter 12.16


12.16.010    Franchises.

12.16.020    Ownership.

12.16.030    Materials.

12.16.040    Width.

12.16.050    Length.

12.16.060    Load-carrying capacity.

12.16.070    By-pass gates.

12.16.080    Wings.

12.16.090    Installations and maintenance.

12.16.095    Renewal.

12.16.100    Exceptions.

12.16.110    Cancellations.

12.16.120    Severability.

12.16.010 Franchises.

A. Cattleguard installations on county roads and/or rights-of-way must be franchised through Okanogan County department of public works.

B. The charges for said installation shall be those under the current department of public works’s fee schedule as adopted by resolution and approved by the board of county commissioners.

C. Existing cattleguards that do not meet minimum width requirements, but that are in good condition will be franchised for a period of two years.

D. Unfranchised guards constitute an illegal obstruction of the road and will be subject to removal by the county.

E. Wood cattleguards shall not be franchised. (Ord. 2015-11 Att. A, 2015).

12.16.020 Ownership.

A. Ownership of cattleguards shall be vested in the franchisee.

B. It is the policy of the county to not own cattleguards. (Ord. 2015-11 Att. A, 2015).

12.16.030 Materials.

Cattleguards shall be constructed of steel. Bases shall be constructed of concrete blocks or treated timber. Construction shall be of a standard type as approved by the county engineer. (Ord. 2015-11 Att. A, 2015).

12.16.040 Width.

A. In no case shall the width of the guard be less than the average width of the traveled portion of the roadway.

B. On high volume roadways, cattleguard widths may be required per the county engineer to accommodate the full width of the traveled way plus the full width of the usable shoulder.

C. In the event the roadway is reconstructed or upgraded, the franchisee will be required to furnish adequate material to accommodate any additional width requirement. (Ord. 2015-11 Att. A, 2015).

12.16.050 Length.

Eight-foot minimum length on all installations is required. (Ord. 2015-11 Att. A, 2015).

12.16.060 Load-carrying capacity.

A. Minimum standard strength shall be to accommodate an H-20 loading.

B. Heavy duty guards or exceeding an H-20 load carrying capacity will be acceptable.

C. Existing cattleguards not meeting H-20 loading may be allowed to remain in place per the decision of the county engineer. (Ord. 2015-11 Att. A, 2015).

12.16.070 By-pass gates.

By-pass gates are required at all installations. (Ord. 2015-11 Att. A, 2015).

12.16.080 Wings.

A. Wings are required at all installations.

B. The type of wing shall be approved by the county engineer. (Ord. 2015-11 Att. A, 2015).

12.16.090 Installations and maintenance.

A. When an approved guard is furnished under a valid franchise, Okanogan County department of public works will make the installation in order to assure a proper alignment.

B. The county will maintain properly installed guards under a valid franchise. In the event that a cattleguard needs to be cleaned or repaired, franchisee shall promptly notify the Okanogan County department of public works by phone.

C. The franchisee will maintain wings and appurtenant facilities.

D. In the event an installation is damaged so as to cause an unsafe condition, and that damage is not the result of county operations, the county may, at its option, facilitate necessary repairs and bill the franchisee for the said repairs. If the county chooses not to repair the damage, the franchisee will be notified and required to repair the damage to current standards and within the stated time frame.

E. In the event wings or appurtenant facilities are not maintained in a safe condition, the county may, at its option, facilitate necessary repairs and bill the franchisee for the cost of said repairs.

F. The county will not maintain legally franchised guards which are not in compliance with these standards. Existing maintenance of substandard guards will cease upon termination of the existing franchise period, unless the standards promulgated herein are met and approved in accordance with existing county standards.

G. County engineer shall be responsible for implementation and compliance of all cattleguards on a yearly basis. (Ord. 2015-11 Att. A, 2015).

12.16.095 Renewal.

Renewal of an existing franchise will be dependent on whether the existing guard meets current standards, subject to OCC 12.16.100, Exceptions. (Ord. 2015-11 Att. A, 2015).

12.16.100 Exceptions.

A. Exceptions to a greater standard are acceptable under any conditions.

B. Exceptions to a lesser standard may be granted only at the approval of the board of county commissioners. (Ord. 2015-11 Att. A, 2015).

12.16.110 Cancellations.

A. Any franchise granted under this chapter may be canceled by the board of county commissioners upon 90 days’ written notice.

B. The subject cattleguard will be posted for 20 days prior to removal with letters sent to adjoining land owners. Okanogan County department of public works is responsible for mailing letters and posting the subject cattleguard. The posting and letter will reveal a date of removal from the county roadway. (Ord. 2015-11 Att. A, 2015).

12.16.120 Severability.

If any provision of this chapter or its application to any person, property or road is held invalid, the validity of the remainder of the chapter or the application of the provision to other persons, property, or roads shall not be affected. (Ord. 2015-11 Att. A, 2015).