Chapter 92

No person, firm or corporation shall place benches or public seating on the sidewalks or sidewalk areas in the city without first obtaining a permit from the City Manager.

(’91 Code, § 4-1.1) (Ord. 636, passed 7-2-69; Am. Ord. 963, passed 3-12-91) Penalty, see § 10.99

92.02 PERMIT APPLICATION.

(A) Upon proper application filed by the applicant, setting forth all relevant facts related to the request in question, the City Manager may issue a permit or permits to persons, firms or corporations to place benches or public seating in areas in which they are prohibited by § 92.01.

(B) The City Manager shall consider the following factors in granting the permits, and shall not grant the permit unless he/she finds that to do so would not be detrimental to the public interest.

(1) Width of sidewalks or sidewalk area.

(2) Type of benches or public seating.

(3) Location of parking meters, light standards, crosswalks, building entrance and exit ways, streets, utility poles, alleys, loading zones and other physical conditions and legal restrictions then existing or reasonably contemplated.

(4) Traffic count.

(5) Purpose of applicant.

(6) Any other factors found by him/her to be relevant.

(C) The City Manager shall designate in the permit, or in an exhibit attached to it, the areas in which benches or public seating shall be allowed, the type of benches or public seating allowed and any other condition or restriction that he/she deems necessary or expedient to protect the public interest.

(’91 Code, § 4-1.2) (Ord. 636, passed 7-2-69; Am. Ord. 963, passed 3-12-91)

92.03 REGULATIONS; PERMIT CONDITIONS.

Each person, firm or corporation placing benches or public seating under a permit shall comply with the following general conditions and restrictions.

(A) The permittee shall abide by all of the terms, conditions and restrictions contained in the permit.

(B) The permit shall be nontransferable without prior written approval of the City Manager.

(C) The permit shall be revocable at any time with or without cause at the pleasure of the City Council; and no expenditure of money, lapse of time or any act or thing shall act as an estoppel against the city or be held to give the permittee or the owner of any property any vested right.

(D) The installation and care of benches or public seating shall be at the expense of the permittee and without cost to the city. The sidewalks and sidewalk areas in the vicinity of the benches or public seating and the structure served thereby shall be maintained in a good state of repair and maintenance at the expense of the permittee.

(E) At the expiration or termination of the permit, the permittee shall remove all benches or public seating from the area at the permittee’s own expense and place the sidewalk in the area in a good condition of repair.

(F) The permittee shall indemnify and save the city, its officers, agents, officials and employees, harmless from any claim or award for damages or injuries to property or persons, including costs and attorney fees, allegedly arising in whole or in part out of the use, occupation or disruption of sidewalks or sidewalk areas by the permittee or those acting on his/her behalf or with his/her approval or ratification, or allegedly arising in whole or in part out of the failure by the permittee to abide by the terms of this subchapter and the permit.

(G) The permittee shall remove, replace or relocate individual benches or seating as the public convenience or necessity warrants and at the request of the City Manager.

(H) No permit shall become effective until the permittee files with the City Manager proof of the existence of a prepaid liability insurance policy naming the city, its officers, agents, officials and employees as named insureds. The policy shall have limits of $100,000 or more for injury to one person in one accident, and $500,000 or more in case of injuries to more than one person in any one accident, and $50,000 or more for property damage. The insurance shall indemnify the city, its officers, agents, officials and employees, as specified in subsection (F) of this section. The insurance shall be kept in effect, and subsequent policies or renewals of the original or subsequent policies shall be filed with the City Manager.

(I) No permit shall be issued for placing any benches or types of seating that are for sale in or on the sidewalks or sidewalk areas, nor shall any advertising be placed on any benches or seating. The purpose of the seating is to be for the convenience of the public only.

(J) No permit shall become effective unless the permittee, simultaneously with the issuance of it, files with the City Manager, in form approved by him/her, a notice of acceptance of the terms, covenants and conditions of the permit, and an agreement to abide by all of the terms, covenants, conditions and obligations imposed on the permittee by this subchapter.

(’91 Code, § 4-1.3) (Ord. 636, passed 7-2-69; Am. Ord. 963, passed 3-12-91) Penalty, see § 10.99

92.04 APPEAL.

Any applicant who feels aggrieved by an action taken by the City Manager may file a written appeal with the City Council setting forth in detail the reasons for the appeal. The City Council shall hear the appellant and any other relevant information and may ratify the action taken by the City Manager or may take any action in relation to the applicant that the City Manager could take under the provisions of this subchapter.

(’91 Code, § 4-1.4) (Ord. 636, passed 7-2-69; Am. Ord. 963, passed 3-12-91)

SIDEWALKS, PLANTING STRIPS AND DRIVEWAY APPROACHES

92.15 DEFINITIONS.

For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY. The City of Prineville.

DRIVEWAY APPROACH. A driveway approach is an area, construction, or improvement located within the public street right-of-way between the roadway of the public street and private property intended to provide access for vehicles from the roadway of a public street to private property and used for the ingress and egress of vehicles.

PLANTING STRIP. That portion of a public street right-of-way that lies between the roadway and the sidewalk.

PROPERTY OWNER. The owner or the contract purchaser of record of real property adjacent to the sidewalk.

ROADWAY OF PUBLIC STREET. That part of a public right-of-way street where vehicles drive and where vehicles park, excluding any curbs.

SIDEWALK. That portion of the public street right-of-way intended for the use of pedestrians and improved by surfacing.

SUPERINTENDENT. The Public Works Superintendent or his/her designee.

(Ord. 1144, passed 7-24-07)

92.16 MAINTENANCE OF SIDEWALKS, DRIVEWAYS AND PLANTING STRIPS.

All property owners shall maintain sidewalks, driveway approaches, and planting strips adjacent to their property in good repair.

(Ord. 1144, passed 7-24-07)

92.17 LIABILITY FOR INJURY.

(A) A property owner responsible for maintaining the adjacent sidewalk, planting strip, and driveway approach shall be liable to any person injured because of any negligence of the property owner in failing to maintain the sidewalk, planting strip, and/or driveway approach in good condition.

(B) If the city is required to pay damages for an injury to persons or property caused by the failure of a property owner to perform the duty imposed by § 92.16, the property owner failing to perform the duty shall compensate the city for the full amount of the damages paid and all city legal fees incurred in defense of such a claim. The city may maintain an action in a court of competent jurisdiction to enforce the provisions of this section.

(Ord. 1144, passed 7-24-07)

92.18 NOTICE TO REPAIR.

(A) If a property owner allows a sidewalk, driveway approach, or planting strip adjacent to such owner’s property to become out of repair, and the Superintendent has personal notice of the same, it shall be his or her duty to post a notice on the adjacent property or on a tree immediately in front thereof entitled "Notice to Repair." The notice shall be in legible characters and shall direct the owner, agent, or occupant of the property to immediately repair the sidewalk, driveway approach, and/or planting strip in good and substantial manner in accordance with § 92.21.

(B) A notice to repair the sidewalk, driveway approach, or planting strip shall be mailed by certified mail, return receipt requested, to the property owner as shown on the Crook County Tax Assessor’s records. A mistake in the name or address of the property owner does not render the notice void, but in such case the posted notice shall be sufficient.

(C) The Superintendent shall file with the City Recorder an affidavit of the posting of the notice, stating the time and place of posting and also any proof of mailing the notice to the property owner.

(Ord. 1144, passed 7-24-07)

92.19 REPAIR BY THE CITY.

If within 20 days after such notification of repair has been posted and mailed, the sidewalk, driveway approach, and/or planting strip are not repaired or the repairs are not completed by a date agreed upon by the property owner and the Superintendent, which agreement was made within the same 20-day period, then the city may make the necessary repairs. The costs of repairs, plus an administrative fee equal to 5% of the repairs, shall constitute a lien against the property and shall be entered in the docket of city liens.

(Ord. 1144, passed 7-24-07)

92.20 CITY LIENS.

If a lien is not paid in full by the property owner within 30 days after entry in the lien docket, the city may foreclose the lien in the manner provided for delinquent assessments for public improvements.

(Ord. 1144, passed 7-24-07)

92.21 IMPROVEMENT STANDARDS.

Improvements or repairs to any sidewalk or driveway approaches shall conform to the city’s standard specifications for sidewalks and/or driveways and shall also conform to ADA standards.

(Ord. 1144, passed 7-24-07)

92.22 PERMITS.

All persons seeking to construct or repair sidewalks, driveway approaches, and/or planting strips shall first obtain a permit for the same from the city. Such persons shall also have the specifications for the construction approved by the Superintendent prior to commencing construction and shall have the placement of the forms approved by the Superintendent prior to pouring concrete.

(Ord. 1144, passed 7-24-07)

92.23 APPEAL.

Any person aggrieved by a ruling by the Superintendent in connection with the proposed construction or repair of any sidewalk, driveway approach, or planting strip within the city may appeal the ruling to the City Manager. Any person aggrieved by a ruling of the City Manager in connection with the proposed construction and repair of any sidewalk, driveway approach, and/or planting strip may appeal the ruling to the City Council and the decision of the City Council shall be final on the matter.

(Ord. 1144, passed 7-24-07)

EXCAVATIONS¹

92.35 DEFINITIONS.

APPLICANT. A person applying for a permit pursuant to this subchapter.

CITY. The City of Prineville.

COMMUNITY DEVELOPMENT DIRECTOR. The Community Development Director of the City of Prineville or his or her designee.

EXCAVATION. A hole, cut, tunnel, or other cavity in, through, across, or under a street, not including the driving or forcing of pipes through the ground.

PERMITTEE. A person who has received a permit pursuant to this subchapter.

PERSON. Every natural person, firm, co-partnership, association, limited liability company, corporation, or other legal entity.

STREET. Every way or place open as a matter of right to the use of the public for vehicular and pedestrian traffic and/or placement of utilities, including sidewalks, curbs, and alleys.

(’91 Code, § 2-4.2) (Ord. 1152, passed 3-11-08)

92.36 PERMIT REQUIRED.

It is unlawful for any person to cut, break, dig up, damage in any manner, undermine or tunnel under any street without first complying with the provisions of this subchapter in regards to the obtaining of permits, depositing of securities, and the making of applications to the Community Development Director. Applications for permits shall be in the form prescribed by the Community Development Director. Permits shall be issued for a limited time and shall specify the extent of the authority granted by the permit.

(Ord. 1152, passed 3-11-08)

92.37 APPLICATION FOR PERMIT.

In the application for an excavation permit, the applicant shall specify his/her name and address; the date of application; the name of the street to be cut or tunneled under; the exact location of the excavation; the nature of the street surface involved; the purpose of the work; size and nature of the excavation; the number of days required to complete the work; and an agreement to deposit such securities as required by the Community Development Director to comply with the provisions of this subchapter and with the specifications of the Community Development Director pertaining to the conduct of the work, to save the city and its employees harmless against any injury or damage which may result from the actions of the applicant, and to file a report of the work within 48 hours of its completion. Applications for each permit to be issued shall be accompanied by a fee in an amount set by resolution of the city.

(Ord. 1152, passed 3-11-08)

92.38 SECURITY.

Before the issuance of any permit, the Community Development Director shall require the applicant to file with the application as security either:

(A) A surety bond in the amount fixed by the Community Development Director. The bond shall be conditioned that the applicant will, immediately upon the completion of the work, remove all surplus earth, rubbish, or other materials, replace the surface excavated in a condition as good as or better than before, and keep the same in good repair, at his/her own expense, for one year from the completion of the work;

(B) In lieu of the above mentioned surety bond, the applicant may file as security cash, certified check, letter of credit, or assign an interest in a bank account or provide such other security acceptable to the Community Development Director in an amount equal to twice the estimate of replacement value of surface to be cut, together with the costs of re-excavation and refilling with proper materials, if necessary, as determined by the Community Development Director, to be held and returned subject to the same conditions as set forth in the case of surety bonds; provided, however, that in the case of unimproved streets, no security shall be required, unless, in the opinion of the Community Development Director, such security is necessary for the protection of the public interest.

(Ord. 1152, passed 3-11-08)

92.39 INSURANCE.

Each applicant shall submit with his or her application a certificate of insurance designating the city additional insured under the applicant’s policy of liability insurance with policy limits in an amount deemed appropriate by the city. In addition, the applicant shall provide city with proof of an endorsement for completed operations.

(Ord. 1152, passed 3-11-08)

92.40 ISSUANCE OF PERMIT.

If the Community Development Director is satisfied that the excavation is feasible and proper, that the application has been made in due form, that adequate security has been filed as required by the provisions of this subchapter, that the applicant has provided the appropriate certificate of insurance, and upon payment of the permit fee, he/she shall issue a permit which shall designate the name and address of the persons to whom the permit is granted; the date of issuance of the permit; the street or streets to be cut or tunneled under; the estimated time in which the work is to be completed; and such other conditions or restrictions as may be required, including, but not limited to, the following:

(A) Requiring that access to fire hydrants be available at all times;

(B) Requiring that the actual work be confined to the hours of 7:00 a.m. to 9:00 p.m., unless otherwise specified, or to certain days;

(D) Requiring that access to driveways be maintained;

(E) Requiring that provisions be made for routing and protection of traffic;

(F) Relating to the care and disposition of excavated material during construction;

(G) Making provision for water courses during excavation;

(H) Setting forth minimum or maximum depths of excavation or structures;

(I) Providing for control of noise, dust, and debris during excavation;

(J) Prescribing acceptable methods and materials for securing proper backfill and resurfacing, including temporary surfacing, if necessary.

(Ord. 1152, passed 3-11-08)

92.41 CONDUCT OF WORK.

All work under such permits shall be done in conformity with the provisions of this subchapter, the terms of the application and permits, the standards and specifications of the city, and in a manner approved by the Community Development Director. Upon completion of the work, any excavation shall be filled, compacted, and the street surface restored to as good or better condition than before the work and in conformity with city standards for the particular street surface. Cold-mix asphalt patching will only be allowed as a temporary measure during adverse weather conditions, and the permanent patching shall be placed as soon as weather permits.

(Ord. 1152, passed 3-11-08)

92.42 NOTICE OF COMPLETION OF WORK.

The applicant shall notify the Community Development Director within 48 hours after completion of the work under the permit and the work shall be inspected and approved by the Community Development Director.

(Ord. 1152, passed 3-11-08)

92.43 BARRICADES AND SAFETY MEASURES.

Whenever any permittee places obstructions in a street or makes any excavation therein for any purpose, it shall be his or her duty to keep the obstruction or excavation safeguarded by substantial barricades and the display of lighted red lanterns or other lights or flares or other warning devices approved by the city from dusk until daylight. Whenever the public safety requires that obstructions or excavations require constant supervision, the permittee shall be responsible for furnishing such constant supervision.

(Ord. 1152, passed 3-11-08)

92.44 LIABILITY FOR ACCIDENTS.

Every person having occasion to place any obstruction in any street or alley or to make any excavation therein under provision of this subchapter shall be responsible to anyone for any injury by reason of the presence of such obstruction or excavation on a street when the obstruction or excavation is the proximate cause of the injury and shall also be liable to the city, in the event that the city is held responsible for any action or claims or otherwise arising out of the presence of the obstruction or excavation of the street.

(Ord. 1152, passed 3-11-08)

92.45 REPAIRS.

All permittees shall be personally responsible for the maintenance and repair of the street excavated under the provisions of the permits and shall place the excavated street in as good as or better condition than before such work was undertaken, at their own expense, and for one-year period after the work has been approved by the Community Development Director.

(Ord. 1152, passed 3-11-08)

92.46 OPTION OF CITY TO REPAIR EXCAVATION.

Whenever, in the opinion of the Community Development Director, it would be to the best interest of the city for the city itself to replace or repair the street excavation under the provisions of this subchapter, such work shall be done by the city under the direction of the Community Development Director and the cost of the work shall be either charged to the person to whom the permit for excavation has been granted or deducted from security deposited by him/her with the Community Development Director.

(Ord. 1152, passed 3-11-08)

92.47 APPLICABILITY TO CITY EMPLOYEES.

The provisions of this subchapter shall not be deemed to apply to the construction or maintenance of streets by the city, by its employees, or by persons operating under contract with the city.

(Ord. 1152, passed 3-11-08)

92.48 EMERGENCIES.

In the event of an emergency affecting the public safety, a cut may be made in a street providing that a report of the cut is made to the Community Development Director within 48 hours, and all provisions of this subchapter are complied with as though making an application for an original permit.

(Ord. 1152, passed 3-11-08)

92.49 VIOLATIONS.

Any person who violates any provision of this subchapter may, upon conviction, be fined in an amount not to exceed $500.

(Ord. 1152, passed 3-11-08)

STREET NAMING AND NUMBERING SYSTEM

92.50 ESTABLISHED.

In the interest of public health, safety and welfare, a permanent city-wide addressing system is hereby established to provide a uniform addressing system. The system will allow for systematic expansion as the city expands, will provide all emergency vehicles with the necessary information to quickly locate any dwelling by site address and will further establish permanent mail delivery numbers and generally eliminate the confusion and delay caused by changing route and box system and other number systems.

(Ord. 1066, passed 3-23-99)

92.51 DEFINITIONS.

(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESS POINT. The primary entrance of the dwelling.

CITY BUILDING DEPARTMENT or BUILDING DEPARTMENT. Whoever is designated by the city to issue building permits within the city.

DWELLING. Residence, including house or mobile home, place of business or other location receiving an address through this subchapter.

POINT OF ORIGIN OF THE ADDRESSING SYSTEM. The intersection of 1st Street and Main Street in the city.

PRIVATE ROAD. Any road that is not deeded for public use and one in which no rights or interest have accrued to the public, and includes private driveways, and other private access ways, over 150 feet in length, or which serve as access to two or more residences.

PUBLIC ROAD. A road over which the public has a right of use that is a matter of public record.

ROAD. The entire right-of-way of any public or private way that provides ingress and egress from property by means of vehicles or other means, or that provides travel between places by means of vehicle.

X AXIS. The North-South line of Main Street of the city.

Y AXIS. The East-West line of 1st Street of the city.

(B) Key to street prefix and suffix.

(1) All East-West streets North of the Y axis and East of the X axis shall be addressed North-East (NE).

(2) All East-West streets South of the Y axis and East of the X axis shall be addressed as South-East (SE).

(3) All East-West streets North of the Y axis and West of the X axis shall be addressed as North-West (NW).

(4) All East-West streets South of the Y axis and West of the X axis shall be addressed as South-West (SW).

(5) All North-South streets North of the Y axis and West of the X axis shall be addressed as North-West (NW).

(6) All North-South streets South of the Y axis and West of the X axis shall be addressed as South-West (SW).

(7) All North-South streets North of the Y axis and East of the X axis shall be addressed as North-East (NE).

(8) All North-South streets South of the Y axis and East of the X axis shall be addressed as South-East (SE).

(9) All streets that begin and end on the same street shall be called loops.

(10) Main Street shall be known as N. Main St. and S. Main St.

(Ord. 1066, passed 3-23-99)

92.52 PROCEDURES.

(A) Naming or renaming of roads. The city shall have the authority to name or rename any road in the following circumstances.

(1) When an existing public or private road is named or renamed.

(2) When a new public or private road is established.

(3) When a private road requires a name in order to designate an address for a dwelling.

(B) Petition to name or rename a road.

(1) A petition to name or rename a road shall be submitted to the City Building Department. The petition shall include, at minimum, the following.

(a) Signatures of more than 50% of the residents along the road.

(b) The name and phone number of the designated contact person.

(d) The legal status of the road, if known.

(e) The existing road name, if known.

(f) The proposed road name.

(g) The reason for the request.

(2) A request may also be submitted by any public agency or utility whose function is affected by road names.

(C) Processing of applications. The City Building Department shall process all applications for road naming and renaming by the following.

(1) Verifying the legal status of the road.

(2) Checking the proposed road name to avoid duplication or similarity with other existing road names and with those on approved preliminary partitions or subdivisions. No name will be approved that contains a compass direction (North, South, East or West) except in the prefix.

(3) Performing a field check when necessary.

(4) Assisting the applicant or other affected person to find alternate names when necessary.

(5) Notifying the appropriate departments and agencies.

(6) Inquiring of owners of all property abutting the road to determine general consensus concerning the proposed road name.

(7) Preparing a recommendation and proposed ordinance on the proposed road name for the City Council.

(8) Recommending a name to the City Council when the property owners do not propose a name for an unnamed road, or cannot agree on a name, or in any other circumstances where the Building Department believes it is warranted.

(D) Subdivision road names proposed by developer. The names of roads in a proposed subdivision partitioning or planned unit development shall be proposed by the developer for review and approval by the Building Department and submission to the City Council.

(E) Addresses, new road/street names assigned by Building Department. Addresses and new road/street names will be assigned by the City Building Department and will be coordinated with the Manager of the E9-1-1 Dispatch Center.

(Ord. 1066, passed 3-23-99)

92.53 STANDARDS.

(A) All addresses and street names shall conform to the standards established by United States Postal Service (USPS) and the National Emergency Number Association (NENA).

(B) All dwellings within the city shall be uniformly addressed from the point of origin using the standard of 16 blocks per mile or 330 feet per block, and by the following methods.

(1) A dwelling with an access point on a primarily North-South street shall be addressed based on the distance from the Y axis to the access point as measured in a Northerly or Southerly direction. In the case of a switchback or portion of the street that is generally parallel to the Y axis, a proportioning adjustment will be made in accordance with an established procedure to assure sequential numbers.

(2) A dwelling with an access point on a primarily East-West street shall be addressed based on the distance from the Y axis to the access point as measured in a Easterly or Westerly direction. In the case of a switchback or portion of the street that is generally parallel to the Y axis, a proportioning adjustment will be made in accordance with an established procedure to assure sequential numbers.

(3) A basically North-South street will have odd numbers on the West side of the street, and even numbers on the East side of the street.

(4) A basically East-West street will have odd numbers on the North side of the street, and even numbers on the South side of the street.

(5) The numbers will increase while going North from the Y axis on a basically North-South street.

(6) The numbers will increase while going South from the Y axis on a basically North-South street.

(7) The numbers will increase while going East from the Y axis on a basically East-West street.

(8) The numbers will increase while going West from the Y axis on a basically East-West street.

(9) Apartment houses, mobile home parks and other multi unit complexes shall be addressed as one dwelling. The management of the establishment shall assign unit addresses in a manner acceptable to the City Planning Department which shall coordinate the addressing with the County Planning Department.

(10) All loops shall be numbered counter clockwise with even numbers on the outside of the loop and odd numbers on the inside of the loop. Numbering shall begin with the entrance to the loop closest to the crossing point of the X/Y axis.

(Ord. 1066, passed 3-23-99)

92.54 FEES.

The City/County Building Department will be allowed to establish reasonable fees to offset the cost of assigning an address to a previously unaddressed location. The fee shall include one sign and installation thereof and shall not exceed the actual cost of sign and installation.

(Ord. 1066, passed 3-23-99)

92.55 DISPLAY OF ADDRESS NUMBER.

(A) Within 90 days after the effective date of this subchapter or within 30 days after issuance of a new number, each dwelling within the city shall display its address number prominently to the standard provided as follows so long as not in conflict with the then current Uniform Fire Code. In case of conflict, the Uniform Fire Code prevails.

(1) House numbers. Dwellings in the city shall be physically addressed with four-inch high house numbers, which are of contrasting color to the background. These numbers shall be placed on the side of the residence containing the access point, in a location which is visible from the road abutting the access point and shall be legible.

(2) Curb address marking or rural address. Curb address marking or rural address signs shall also be installed.

(a) When there is a curb at the road adjacent to the access point of the dwelling, the curb address markings shall consist of curb markings placed at the center of the property (if not available, to the right of the driveway two feet) on the vertical portion of the curb. The sign background color shall be of forest green (road sign green) and shall extend no less than two and one-half inches beyond the numbering. The numbers shall be of bright white and shall be three inches in height and a brush stoke of 3/4 inch in width.

(b) When there is no curb and the dwelling is more than 100 feet from the road, a rural address sign shall be placed at the end and to the right of the driveway. In the event that the driveway serves more than one residence or commercial building, more than one sign shall be required to properly identify the correct access to a given property. The rural address signs are a green reflective sign with white reflective lettering and a metal post.

(3) Commercial and industrial property addressing.

(a) Locations for property identification of commercial or industrial use shall consist of rural address signs when deemed necessary by the Fire Chief to properly identify access to the property. Specific address numbers meeting the prescribed specifications shall be placed on the front entrance door or on the front of the structure at an approved location as approved by the Fire Chief.

(b) Complexes with four or more occupancies shall be required to place a complex address identification locator map, placed at the right side of the main entrance as approved by the Fire Chief.

(B) At final inspection of new construction located in the county or the city addressing area, the Building Official or his/her designee shall inspect the dwelling to ascertain whether numbers are displayed as required above, and shall not sign off on final inspection until the above conditions are satisfied.

(Ord. 1066, passed 3-23-99)

92.56 SUBDIVISION MAP SUBMISSION.

Upon approval of any subdivision within the city wherein any street is dedicated to the public, copies of the subdivision map with addresses of the lots shown thereon shall be provided by the City Planning Department to the City Police Department Communications Division.

(Ord. 1066, passed 3-23-99)

LIABILITY LIMITATION RESULTING FROM USE OF TRAILS IN A PUBLIC EASEMENT OR UNIMPROVED RIGHT-OF-WAY UNDER ORS 105.668

92.60 DEFINITIONS.

As used in this chapter, the following definitions apply:

(A) PUBLIC EASEMENT means a platted or dedicated easement for public access that is accessible by a user on foot, horseback, bicycle or other similar conveyance, but does not include a platted or dedicated access easement over private streets.

(B) STRUCTURES means improvements in a trail, including, but not limited to, stairs and bridges, that are accessible by a user on foot, horseback, bicycle or other nonmotorized vehicle or conveyance.

(C) TRAIL means a travel way for pedestrians and bicycles that is separate from automobiles and includes a multi-use path or multi-use trail, but does not include a bike lane, shoulder bikeway, or shared roadway.

(D) UNIMPROVED RIGHT-OF-WAY means a platted or dedicated public right-of-way over which a street, road or highway has not been constructed to the standards and specifications of the city with jurisdiction over the public right-of-way and for which the city has not expressly accepted responsibility for maintenance but does not include a platted private street.

(Ord. 1290, passed 5-14-24)

92.65 LIABILITY LIMITED.

(A) A personal injury or property damage resulting from use of a trail that is in a public easement or an unimproved right-of-way, or from use of structures in a public easement or unimproved right-of-way, by a user on foot, on a horse, on a bicycle or other nonmotorized vehicle or conveyance does not give rise to a private claim or right of action based on negligence against:

(1) The City of Prineville;

(2) The City of Prineville’s officers, employees or agents to the extent the officers, employees or agents are entitled to defense and indemnification under ORS 30.285;

(3) The owner of land abutting the public easement or unimproved right-of-way; or

(4) A nonprofit corporation and its volunteers for the construction and maintenance of the trail or structures in a public easement or unimproved right-of-way.

(B) The immunity granted by this section from a private claim or right of action based on negligence does not grant immunity from liability:²

(1) Except as provided in subsection (A)(2) of this section, to a person that receives compensation for providing assistance, services or advice in relation to conduct that leads to a personal injury or property damage;

(2) For personal injury or property damage resulting from gross negligence or from reckless, wanton or intentional misconduct; or

(3) For an activity for which a person is strictly liable without regard to fault.

(Ord. 1290, passed 5-14-24)

Prior legislation: Ord. 579; ’91 Code §§ 2-4.1, 2‑4.3 - 2-4.9.

Code reviser’s note: The language of Section 92.65(B) has been changed to reflect the intent of the city.