(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Tillamook, Oregon.
PERSON. Individual, corporation, association, firm, partnership, joint stock company and similar entities.
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 subsurface and air space over these areas.
WITHIN THE CITY. Territory over which the city now has or acquires jurisdiction for the exercise of its powers.
(B) Jurisdiction. The city has jurisdiction and exercises regulatory control over each public right-of-way within the city and state law.
(C) Scope of regulatory control. The city has jurisdiction and exercises regulatory control over each public right-of-way within the city whether the city has a fee, easement or other legal interest in the right-of-way. The city has jurisdiction and regulatory control over each right-of-way within the city whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means.
(D) City permission requirement. No person may occupy or encroach on a public right-of-way within the city without the permission of the city. The city grants permission to use rights-of-way by franchises, licenses and permits.
(E) Obligations of the city. The exercise of jurisdiction and regulatory control over any 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.
(Prior Code, § 91.02) (Ord. 1152, passed 3-3-1997) Penalty, see § 91.999