Chapter 8.12
CANALS AND DITCHES
Sections:
8.12.040 Action for damage recovery.
8.12.010 Policy declared.
The city finds that the maintaining of uncovered irrigation and drainage canals of a width of greater than four feet or a depth of greater than three feet in the city creates an unreasonable risk of danger to the inhabitants of the city and to all other person within the city. The city, therefore, finds it necessary to enact the legislation contained in this chapter under the powers contained in the Charter of the city, which authorize the city to take all reasonable steps necessary or proper to the health and safety of the inhabitants and other persons therein. Any expression contained in this section which specifies the basis of the exercise of the powers specified in this chapter shall not limit the basis of the exercise of the powers.
(Ord. 222 §1, 1966)
8.12.020 Definitions.
A. For the purposes of this chapter, "canal" means any trough or ditch dug or cut wholly or partly in the ground and designed for the purpose of transporting irrigation or drainage water without regard to when the trough or ditch was constructed. This definition shall include only such troughs or ditches which are wholly or in part in excess of four feet in width at the top or wholly or in part in excess of three feet in depth. The fact that at any given time the trough or ditch fails to carry water or fails to carry water in depth of in excess of three feet shall not serve to exclude the trough or ditch within the terms of this definition.
B. For the purposes of this chapter, "confine," "flume," and "cover," whether used singly or in a series of two or three of the words shall, when related to the term "canal," mean the placing of the canal, or the water therein in such a condition that no part of the canal lying within the corporate limits of the city shall be open to the air; provided, however, that valves and other openings as reasonably required for maintenance and for collection of drainage may be installed where such valves and other openings are open only for maintenance or drainage purposes; and provided further that openings may be permitted which do not exceed four inches in any dimension. Such confining, fluming and covering shall be of such construction where without public road, street, highway or alley right-of-way as to conform to what is described as H20-44 loading as specified in the Standard Specifications for Highway Bridges, 6th Edition, 1953, American Association of State Highway Officials. Such confining, fluming and covering shall be of such construction where without public road, street, highway or alley right-of-way as to be capable of carrying its own dead load plus all earth surcharge loading plus fifty pounds per square inch live loading. In confining, fluming and covering such canal construction shall be made in such a manner as to provide for the acceptance by the canal of all drainage courses, natural or otherwise, where such canal prior to such construction accepted and received drainage water.
(Ord. 257 §1, 1967: Ord. 222 §§2, 3, 1966)
8.12.030 Cover required.
Every person, persons, partnership, association, corporation, municipal corporation, quasi-municipal corporation, or other entity, incorporated or otherwise, who now or may at any time hereafter own or control any canal within the corporate limits of the city, as those limits may be from time to time changed, shall at the expense of the person, persons, partnership, association, corporation, municipal corporation, quasi-municipal corporation, or other entity, within ninety days after the effective date of the ordinance codified in this chapter, confine, flume or cover all of the canal which lies within the corporate limits, whether or not the canal is located on or across private property, public streets, public alleys or publicly owned property and whether or not the canal is maintained by right of easement, permit, prescriptive right or fee simple ownership. The confining, fluming and covering of the canal or canals shall be completed in a reasonable and sufficient manner and with such materials as will render such fluming and covering reasonably safe to the lives and property of the inhabitants of the city and to the lives and property of other persons who may be within the city. Such person, persons, partnership, association, corporation, municipal corporation, quasi-municipal corporation, or other entity, incorporated or otherwise, shall at all times, at the expense of the person, persons, partnership, association, corporation, municipal corporation, quasi-municipal corporation, or other entity, incorporated or otherwise, maintain any and all such structures confining, fluming and covering such canal or canals in good order and repair.
(Ord. 222 §4, 1966)
8.12.040 Action for damage recovery.
Nothing in this act shall be construed to bar an action for damages by any person who shall have suffered such damages by reason of any failure to comply with any of the provisions of this chapter.
(Ord. 222 §6, 1966)
8.12.050 Civil proceedings.
The city may, instead of penal enforcement of this chapter, maintain civil proceedings in the courts of the state of Oregon against any person, persons, partnerships, association, corporation, municipal corporation, quasi-municipal corporation, or other entity, incorporated or otherwise, to enforce any requirement or prohibition of this chapter when the city seeks:
A. To enjoin continuation of a violation that has existed for ten days or more; or
B. To enjoin further commission of a violation that otherwise may result in additional violations affecting the public health or safety.
(Ord. 222 § 7, 1966)
8.12.060 Violation--Penalty.
If any such person, persons, partnership, association, corporation, municipal corporation, quasi-municipal corporation, or other entity, incorporated or otherwise, as described in Section 8.12.030 shall fail to comply with any provision of this chapter, the person, persons, partnership, association, corporation, municipal corporation, quasi-municipal corporation, or entity, incorporated or otherwise, shall be punished upon conviction by a fine of not to exceed one hundred dollars for each violation. Each day in which any of the violations shall exist shall constitute a separate violation.
(Ord. 222 § 5, 1966)