Chapter 12.03
JURISDICTION AND REGULATORY CONTROL OF PUBLIC RIGHTS-OF-WAY
Sections:
12.03.020 Public rights-of-way defined.
12.03.040 City not obligated to maintain or repair rights-of-way.
12.03.050 Permission needed to use rights-of-way.
12.03.060 Utility facilities in right-of-way.
12.03.010 Authority.
The city of Cottage Grove has jurisdiction and exercises regulatory control over all public rights-of-way within the city under authority of the City Charter and state law. (Ord. 2789 § 2, 1996)
12.03.020 Public rights-of-way defined.
"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 the subsurface under and air space over these areas. (Ord. 2789 § 2, 1996)
12.03.030 Scope.
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 control over each right-of-way whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, foreclosure or other means. (Ord. 2789 § 2, 1996)
12.03.040 City not obligated to maintain or repair rights-of-way.
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. 2789 § 2, 1996)
12.03.050 Permission needed to use rights-of-way.
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. (Ord. 2789 § 2, 1996)
12.03.060 Utility facilities in right-of-way.
All persons holding a valid city franchise, license or permit to occupy or encroach upon a public right-of-way under Section 12.03.050 shall maintain a five-foot area surrounding all such permitted facilities clear of vegetation, grass, shrubbery and round wood that is less than one-half inch in diameter and more than one-fourth of the height of the facility to ensure its visibility. This requirement does not require clearance of any area not located within the public right-of-way. The city is not liable for any damage to existing or future appurtenances or facilities that have not been maintained in a manner that ensures their clear visibility. (Ord. 3048, 2014)