Chapter 12.32
UNAUTHORIZED USE AND OBSTRUCTION OF COUNTY RIGHTS-OF-WAY
Sections:
12.32.040 Sidewalk use restriction.
12.32.050 Water prohibited on rights-of-way.
12.32.060 Depositing snow or ice on county rights-of-way prohibited.
12.32.080 Right-of-way obstruction and uses prohibited.
12.32.090 Cost of compliance and enforcement.
12.32.100 Public safety emergencies—Costs and expenses.
12.32.110 Cumulative remedies.
12.32.120 Violation—Penalties.
12.32.010 Purpose.
The purpose of this chapter is to protect the public using the county’s rights-of-way for motor vehicle, bicycle and pedestrian travel and wheeled recreation, to protect the public’s investment in traffic infrastructure and right-of-way acquisition, and to protect the persons and equipment performing construction and maintenance within the county’s rights-of-way. (Ord. TLS 18-03-07B § 1 (Exh. A) (part))
12.32.020 Application.
A. This chapter shall be operative in the unincorporated areas of Douglas County.
B. This chapter shall not apply to the following:
1. Construction or maintenance by the county, its contractors, franchisees or permit holders in compliance with the work authorized by the permit;
2. Mailboxes and newspaper boxes installed and located in conformity with the county code; and
3. Events and activities authorized by permit. (Ord. TLS 18-03-07B § 1 (Exh. A) (part))
12.32.030 Definitions.
In this chapter:
“Camp” means to use a tent, sleeping bag, temporary structure, vehicle, boat, motor home or trailer for the purpose of shelter, sleeping or preparation of meals.
“Person” includes a partnership, corporation, limited liability company, association and other legal entities.
“Right-of-way” means all areas within public land dedicated to transportation infrastructure, and includes the traveled roadway, shoulders, on-street parking, sidewalks, stormwater facilities and utility corridors within that area. (Ord. TLS 18-03-07B § 1 (Exh. A) (part))
12.32.040 Sidewalk use restriction.
All sidewalks are exclusively for the use of pedestrians and shall be used for no other purpose. No person shall place or maintain any structure, sign, merchandise or other object on a sidewalk that obstructs use of the entire sidewalk width by pedestrians, or place or maintain a sign or structure over any portion of a sidewalk at such height or in such manner as to prevent or interfere with the unobstructed use of a portion of any sidewalk by pedestrians. (Ord. TLS 18-03-07B § 1 (Exh. A) (part))
12.32.050 Water prohibited on rights-of-way.
No person shall cause or allow water to flow across, accumulate upon or fall onto a county right-of-way. Persons shall exercise reasonable care to prevent wind drift of sprinkler irrigation water onto county rights-of-way. (Ord. TLS 18-03-07B § 1 (Exh. A) (part))
12.32.060 Depositing snow or ice on county rights-of-way prohibited.
No person shall intentionally deposit, pile or push snow or ice onto a county right-of-way in any manner that obstructs traffic, impedes or endangers motor vehicle and pedestrian use, interferes with right-of-way maintenance, blocks traffic sign visibility, or obstructs or hinders access to a fire hydrant. (Ord. TLS 18-03-07B § 1 (Exh. A) (part))
12.32.080 Right-of-way obstruction and uses prohibited.
A. No person shall deposit, place, store, create, construct, install, maintain, leave or abandon any structure, device, encroachment, or natural or artificial object within a county right-of-way.
B. No person shall place, dump, spill, sprinkle, drain, divert, collect, channel, deposit or maintain any natural or artificial substance or material, including water, within a county right-of-way.
C. No person shall damage, erode or endanger any portion of a county right-of-way.
D. No person shall interfere with, hinder or obstruct construction, maintenance or repair of a county right-of-way.
E. No person shall camp within a county right-of-way. (Ord. TLS 18-03-07B § 1 (Exh. A) (part))
12.32.090 Cost of compliance and enforcement.
A. Any person(s) creating, causing, or committing a violation of this chapter shall be responsible for all costs to prevent, eliminate or stop the violation and the county may recover from the person(s) all expenditures it incurs to prevent, eliminate or stop the violation.
B. Any person(s) creating, causing, or committing a violation of this chapter shall be liable for the cost of repairs to the county right-of-way caused by the violation and the county may recover from the person(s) all repair expenses it incurs for repairs. (Ord. TLS 18-03-07B § 1 (Exh. A) (part))
12.32.100 Public safety emergencies—Costs and expenses.
A. The county engineer and the county sheriff are each independently empowered to determine whether a violation of this chapter presents a public safety emergency due to the existence of imminent risks to the public or the county’s right-of-way, or both, and to take such summary action as the county official may determine reasonable to prevent, remove, stop or otherwise eliminate the imminent risks to the public or the county’s right-of-way. Emergency action under this section shall not constitute a breach of the peace or a trespass.
B. The circumstances of the emergency action shall be promptly reported to the board of county commissioners.
C. The person(s) creating, causing, or committing a violation of this chapter which requires emergency action due to the existence of imminent risks to the public or the county’s right-of-way shall be liable for the cost of the emergency action and the county may recover from the person(s) all expenses it incurs during such emergency action. (Ord. TLS 18-03-07B § 1 (Exh. A) (part))
12.32.110 Cumulative remedies.
The enforcement provisions of this chapter are cumulative and not exclusive, and may be used in addition to any other enforcement provisions authorized by law. (Ord. TLS 18-03-07B § 1 (Exh. A) (part))
12.32.120 Violation—Penalties.
A. Each day a person does not comply with this chapter shall constitute a separate violation.
B. The following penalties shall apply to violations of this chapter:
1. A first violation is a class 2 civil infraction with a penalty not to exceed one hundred twenty-five dollars, not including statutory assessments.
2. A second violation within two years is a class 3 civil infraction with a penalty not to exceed two hundred fifty dollars, not including statutory assessments.
3. A third violation within a two-year period shall constitute a misdemeanor criminal offense, punishable by imprisonment in jail for a period not to exceed ninety days or by a fine not to exceed one thousand dollars, or both. (Ord. TLS 18-03-07B § 1 (Exh. A) (part))
12.32.150 Severability.
If any provision of this chapter, or its application to any person or circumstance, is held invalid, the remainder of the chapter, or application of the provision to other persons or circumstances, is not affected. (Ord. TLS 18-03-07B § 1 (Exh. A) (part))