AN ORDINANCE ADOPTING CHAPTER 2.04 PUBLIC RIGHT-OF-WAYS, OF TITLE 2, LOCAL IMPROVEMENTS, OF THE YAMHILL MUNICIPAL CODE; ADOPTING RULES AND REGULATIONS TO BE OBSERVED AND ENFORCED WITHIN THE PUBLIC RIGHT-OF-WAYS OF THE CITY OF YAMHILL, AND DECLARING AN EMERGENCY.

THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

SECTION 1. There is hereby added to the Yamhill Municipal Code, Title 2 Local Improvements, Chapter 2.04 Public Rights-of-Ways, which is to read as follows:

Sections:

2.04.010 Definitions

2.04.020 Jurisdiction

2.04.030 Scope of Regulatory Control

2.04.040 City Permission Requirement

2.04.050 Obligations of the City

2.04.060 Severability

2.04.010 Definitions. For the purpose of this chapter, the following mean:

"City". The City of Yamhill, Oregon.

"Person". Any individual, corporation, association, firm, partnership, joint stock company, and similar entities.

"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.

"Within the City". Territory over which the city now has or acquires jurisdiction for the exercise of its powers.

2.04.020 Jurisdiction. The City of Yamhill 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.

2.04.030 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.

2.04.040 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 franchises, licenses and/or public work permits.

2.04.050 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.

2.04.060 Severability. Invalidity of a section or part of a section of this chapter shall not affect the validity of the remaining sections or parts of sections.

SECTION 2. The Council finds it is necessary for the peace, health, and safety of the City and its citizens that this ordinance take effect immediately upon its passage and approval by the Mayor and an emergency is therefore declared to exist.

INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 13th day of August , 1997.