Chapter 12.18
IRRIGATORS AND WATER
ON COUNTY ROADS
Sections:
12.18.030 Violation – Criminal penalties.
12.18.040 Violation – Civil penalties.
12.18.060 Dispensation of fines.
12.18.010 General.
Any person who shall run, flow or conduct any irrigation water or other water across, over or upon a public highway in the county shall do so in a manner that will not damage or impair such highway and so as not to impede or obstruct travel thereon and any and all ditches, pipes, conduits or other means used to carry water over, across or upon any public highway shall be so placed, constructed, operated and maintained as not to damage such highway or to impede travel or the free use of such highway by the public. (Res. 55-78, 1978; Ord. 69-l, 1969).
12.18.020 Restrictions.
No person shall suffer or permit any irrigation or other water to flow, sprinkle or in any manner waste upon any public highway so as to erode or damage in any way such highway or impede travel thereon. (Res. 55-78, 1978; Ord. 69-l, 1969).
12.18.030 Violation – Criminal penalties.
Any person offending against any of the provisions of this chapter shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding the sum of $100.00 and the costs of prosecution, and in case such fine and costs are not paid, the defendant shall be imprisoned in the county jail until such fine and costs are paid or until he has been imprisoned one day for every $3.00 of such fine and costs. Each and every day that anyone offends against this chapter shall be deemed a separate offense. (Res. 55-78, 1978; Ord. 69-l, 1969).
12.18.040 Violation – Civil penalties.
In addition to the criminal liabilities mentioned in OCC 12.18.030, the county shall be entitled to recover from the offender a penalty of $25.00 a day for each day that any violation of this chapter occurs, the same to be recovered in a civil action. (Res. 55-78, 1978; Ord. 69-l, 1969).
12.18.050 Jurisdiction.
This chapter shall be operative only upon public highways outside of incorporated cities and towns and this is a police ordinance to protect the public highways and is enacted under the authority of Section 11, Article XI of the State Constitution and shall be liberally construed according to the rules governing such ordinances. (Res. 55-78, 1978; Ord. 69-l, 1969).
12.18.060 Dispensation of fines.
Any fines and penalties collected for any violation of this chapter shall be paid into the county treasury as other fines are paid and placed to the credit of the current expense fund of the county. (Res. 55-78, 1978; Ord. 69-l, 1969).