WALDPORT
MUNICIPAL CODE
TITLE
12 - STREETS, SIDEWALKS AND PUBLIC PLACES
Chapters:
12.04 City
Road District
12.08 Public
Rights-of-Way
12.12
Sidewalk and Driveway Construction and Repair
12.16
Curblines and Parking Strips
12.20
Excavations
12.24 Port
of Alsea
12.28 Public Parks
Chapter
12.04
CITY
ROAD DISTRICT
Sections:
12.04.010
Established - Meetings - Records.
12.04.010 Established - Meetings - Records.
A. Findings and Purpose. It is found and declared that:
1. Pursuant to ORS 371.055 et seq., the City of Waldport constitutes a
City
road district.
2. The purpose of said road district is to improve the streets and roads of
the City of Waldport.
3. It is the goal of the City of Waldport that the government and management
of the road district be as formalized, fair, open and equitable as the
government and management of the City of Waldport.
4. The procedures, rules and processes of governing the road district should
be to the maximum extent practicable exactly the same as those the City of
Waldport uses to develop, adopt and administer municipal law and business.
B. All powers of the road district comprised of the
City of Waldport shall
be vested in the Council of the City of Waldport.
C. All meetings and business of the road district shall be conducted in the
same manner and according to the same procedures and rules as the meetings and
business of the Council of the City of Waldport as established by the charter of
the City of Waldport, and any and all ordinances and resolutions adopted
pursuant thereto. The meetings of the governing body of the road district shall
be held at the same times and places as the meetings of the Council of the City
of Waldport.
D. The Mayor of the City of Waldport shall chair the
Council when it is
considering road district business and preside over its deliberations, and shall
have a vote on any question before the Council. The Mayor shall have authority
to preserve order, enforce the rules of the Council, and determine the order of
business under the rules of the Council.
E. The records of the road district shall be maintained together with the
records of the City of Waldport. (Ord. 488 §§ 1 - 5, 1983)
Chapter
12.08
PUBLIC
RIGHTS-OF-WAY
Sections:
12.08.010
Definitions.
12.08.020
Jurisdiction.
12.08.030
Scope of regulatory control.
12.08.040
City permission requirement.
12.08.050
Obligations of the city.
12.08.060
Necessity of permission to build on rights-of-way.
12.08.070
Rules and regulations - Issuing permits.
12.08.080
Removal or repair of installation on right-of-way at expense of
applicant.
12.08.090
Prior status preserved.
12.08.010 Definitions.
For the purpose of this chapter, the following mean:
“City” means the City of Waldport, Oregon.
“Person” means individual, corporation, association, firm,
partnership, limited liability company or partnership, joint stock company, and
similar entities.
“Public rights-of-way” includes, but is 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” means territory over which the City now has or
acquires jurisdiction for the exercise of its powers. (Ord. 639 § 1, 1997)
12.08.020 Jurisdiction.
The City of Waldport has jurisdiction and exercises regulatory control
over all public rights-of-way within the City under the authority of the City
charter and State law. (Ord. 639 § 2, 1997)
12.08.030 Scope of regulatory control.
The City has jurisdiction and exercises regulatory control over each
public right-of-way 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 whether the legal interest in the right-of-way was
obtained by grant, dedication, prescription, reservation, condemnation,
annexation, foreclosure or other means. (Ord. 639 § 3, 1997)
12.08.040 City permission requirement.
No person may occupy or encroach on a public right-of-way without the
permission of the City. The City grants permission to use rights-of-way by
franchise, license and permit. (Ord. 639 § 4, 1997)
12.08.050 Obligations of the City.
The exercise of jurisdiction and regulatory control over a 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.
(Ord. 639 § 5, 1997)
12.08.060 Necessity of permission to build on rights-of-way.
No person, firm or corporation may place, build or construct on the
right-of-way of any City street or road any approach road, structure, pipeline,
ditch, cable or wire, or any other facility, thing or appurtenance, without
first obtaining written permission from the City of Waldport with respect to any
such street or road within the City of Waldport.
Removal or repair of installation constructed without permission. If any
person, firm or corporation builds or constructs on the right-of-way of any City
street or road any approach road or any other facility, thing or appurtenance
without first obtaining the written permission required by this chapter, the
Waldport City Council may, after the expiration of thirty (30) days following
the transmittal of a written notice to such person, firm or corporation, at the
expense of such person, firm or corporation, remove all such installations from
the right-of-way or reconstruct, repair or maintain any such installation in
accordance with or as required by the rules and regulations. This expense may be
recovered from such person, firm or corporation by the City of Waldport in any
court of competent jurisdiction. (Ord. 317 § 1, 1968)
12.08.070 Rules and regulations - Issuing permits.
A. The Waldport City Council shall adopt reasonable rules and regulations
and may issue permits, not inconsistent with law, for the construction or
placing of any approach road, structure, pipeline, ditch, cable or wire, or any
other facility, thing or appurtenance upon rights-of-way; provided, however,
that the City Council shall issue no permit for the construction of any approach
road at a location where no rights of access exist between the street or road
and abutting real property.
Such rules and regulations and such permits may include, but need not be
limited to, provisions for construction of culverts under approaches,
requirements as to depths of fills over culverts and requirements for drainage
facilities and curbs, islands and other facilities for traffic channelization as
may be deemed necessary. Any such permit issued may contain such terms and
conditions as in the judgment of the granting authority may be in the best
interests of the public.
The powers granted by this chapter shall not be exercised so as to deny
any property adjoining the road or highway reasonable access.
B. Construction Under Permits - Maintenance After Construction. All
construction under the permits issued under this section shall be under the
supervision of the granting authority and at the expense of the applicant. After
completion of the construction of the particular approach road, facility, thing
or appurtenance, they shall be maintained at the expense of the applicant and in
accordance with the rules and regulations adopted pursuant to this section.
(Ord. 317 § 2, 1968)
12.08.080 Removal or repair of installation on right-of-way at expense of
applicant.
Upon failure of the applicant to construct or maintain the particular
approach road, facility, thing or appurtenance in accordance with the rules and
regulations and the conditions of the permit, the City Council shall, after the
expiration of thirty (30) days following the transmittal of a written notice to
the applicant, at applicant's expense, remove all such installations from the
right-of-way or reconstruct, repair or maintain any such installation in
accordance with or as required by such rules and regulations and the conditions
of such permit. This expense may be recovered from the applicant by the City in
any court of competent jurisdiction. (Ord. 317 § 3, 1968)
12.08.090 Prior status preserved.
Nothing in this chapter shall be deemed to affect any approach road,
structure, pipeline, ditch, cable or wire, or other facility, thing or
appurtenance lawfully placed or constructed upon the right-of-way of any highway
prior to the effective date of passage of the ordinance codified in this
chapter. (Ord. 317 § 4, 1968)
Chapter
12.12
SIDEWALK
AND DRIVEWAY CONSTRUCTION AND REPAIR
Sections:
12.12.010 Definitions.
12.12.020 Grade and alignment.
12.12.030 Material.
12.12.040 Width, thickness and slope.
12.12.050 Petitions for different sidewalk location.
12.12.060 Permit, application and inspection.
12.12.070 Resolution and notice to owner to construct or repair.
12.12.080 Procedure when owner refuses to construct or repair.
12.12.090 Liability for damages when owner fails to construct or repair.
12.12.100 Duty of property owners to keep walks safe, clean and free of other
debris or obstacles.
12.12.110 Violation - Penalty.
12.12.010 Definitions.
The following words or phrases, except where the context clearly
indicates a different meaning, mean:
“Frontage” means that boundary of private property abutting on the
City street line.
“Person” means any individual, firm, company, association, society,
corporation or group.
“Service driveways” means and includes all driveways constructed and
installed in or over any portion of a public street for use by the public for
traveling from a public street to and upon private property. (Ord. 505 § 1,
1985)
12.12.020 Grade and alignment.
Sidewalks and service driveways constructed in the City shall be laid to
the grade and alignment furnished by the City superintendent. (Ord. 505 § 2,
1985)
12.12.030 Material.
Sidewalks and service driveways shall be constructed of cement concrete,
mixed and placed in accordance with specifications furnished by the City
superintendent, except where other material is specifically permitted by
ordinance or resolution of the Council. In case the Council shall permit the
construction of a sidewalk or service driveway of material other than cement
concrete, owners of the property in front of which the walk or service driveway
is to be constructed shall submit the plan and specifications therefor to the
City superintendent, and shall obtain his or her written approval before
construction work proceeds. (Ord. 505 § 3, 1985)
12.12.040 Width, thickness and slope.
Sidewalks shall be five feet in width and four inches in thickness
(unless the Council by resolution shall designate a different width or
thickness), and shall slope one-fourth of an inch to the foot from the edge of
the walk nearest to the property line to the edge nearest to that portion of the
street ordinarily set aside for vehicular traffic.
On all sidewalks in the business district, the curbs of the street shall
conform to current specifications of the State Highway Department. (Ord. 505 §
4, 1985)
12.12.050 Petitions for different sidewalk location.
Whenever one or more of the owners of property fronting upon any street
in any block desires a different location for sidewalks constructed in such
block, or any part thereof, they may in writing petition the Council for such
different location. Before acting upon any such petition, the Council shall
refer the same to the planning commission for investigation and report. After
receiving the report of the commission, the Council may either allow or reject
the report or grant it in part, or deny it in part and if the request is wholly
or partly approved, the new sidewalk line shall be prescribed by ordinance.
Nothing contained in this section shall be construed as authorizing the
compulsory moving or removal of sidewalks previously lawfully constructed. (Ord.
505 § 5, 1985)
12.12.060 Permit, application and inspection.
No person shall construct, reconstruct or repair any sidewalk and/or
service driveway without first obtaining a permit from the City superintendent.
The applicant shall describe the location, width, length, and material proposed
to be used and shall contain such other information as the City superintendent
may deem necessary to secure compliance with the provisions of this chapter. It
is unlawful for any person to willfully construct, reconstruct or repair any
sidewalk and/or service driveway upon a grade or alignment contrary to the
directions of any permit granted by the City superintendent. It shall be the
duty of the City superintendent to make such inspections of sidewalk and/or
service driveway construction as in his or her judgment is necessary to have
full compliance with the provisions of this chapter and other ordinances that
may be applicable. (Ord. 505 § 6, 1985)
12.12.070 Resolution and notice to owner to construct or repair.
Whenever the Council shall require the owner of any property in blocks
wherein sidewalks now exist in the whole block or in the major part thereof to
construct, reconstruct, or repair sidewalks and/or service driveways, the
Council shall adopt a resolution to that effect. Notice of such resolution
shall, by the Recorder, be served upon the record owner of such property liable
to be assessed for the cost and expense of constructing, reconstructing, or
repairing sidewalks, and/or service driveways, by mail directed to the record
owner at the last post office address of such owner known to the Recorder. In
case of an owner whose post office address is unknown, a copy of the notice
shall be posted within five days (after date of mailing a notice to the owner at
“Waldport, Oregon”) upon such owner's property. Any such notice shall direct
and require such owner to make such improvement within thirty (30) days from the
date of the mailing of such notice. If the Council finds an unsafe or dangerous
condition existing, it may require that the work be constructed within ten (10)
days after the mailing of such notice. The Recorder shall make or cause to be
made and file in his or her office an affidavit of service of such notice. (Ord.
505 § 7, 1985)
12.12.080 Procedure when owner refuses to construct or repair.
Whenever the Council adopts a resolution directing the construction,
reconstruction, or repair of any sidewalks and/or service driveways and the
owner of the property affected fails to make such construction, reconstruction,
or repair within the time limited by the resolution, then the City
superintendent shall proceed to construct, reconstruct, or repair such walk
and/or service driveway and shall keep an accurate account of the cost of labor
and material required for such construction or repair or such walk and/or
service driveway and shall file a written report thereof with the Council,
together with a description of the real property benefited by the construction,
reconstruction, and repair of such sidewalks and/or service driveways as
determined by the Council. Such actual cost shall be increased by ten (10)
percent, to defray the cost of preparing and serving the notice, engineering and
advertising. Once the cost is computed (adding the ten (10) percent as provided
above), the amount arrived at shall constitute a lien upon the benefited
property; which lien shall be entered by the Recorder in the appropriate lien
docket of the City and shall be collected and foreclosed in the manner provided
by Oregon Revised Statutes for the foreclosure of special assessment liens.
(Ord. 505 § 8, 1985)
12.12.090 Liability for damages when owner fails to construct or repair.
The owner of any real property situated within the corporate limits of
the City who fails, refuses or neglects to construct, reconstruct, or repair any
sidewalk and/or service driveway after receiving notice to do so, in the manner
provided in this chapter and within the time prescribed by such notice, shall be
liable to the City for any damages which the City may sustain by virtue of the
payment of any valid claim of any person on account of personal injuries or
property damages resulting to any such person by reason of the dangerous or
defective condition of the sidewalk and/or service driveway ordered by the
Council to be constructed, reconstructed, or repaired, or by reason of the lack
of any such sidewalk and/or service driveway so ordered to be constructed. (Ord.
505 § 9, 1985)
12.12.100 Duty of property owners to keep walks safe, clean and free of other
debris or obstacles.
It shall be the duty of the owners of all property abutting upon or
adjacent to any sidewalk and/or service driveway to keep such sidewalk and/or
service driveway in a safe condition for the use of the public; and it shall be
the duty of the owner, lessee or occupant of any property to keep the sidewalk
and/or service driveway in front thereof clean and clear of ice, snow, dirt,
gravel or debris for the safe use of the public at all times. Whenever any
owner, lessee or occupant of any property neglects his or her duty under this
section, it shall be the duty of the Recorder to notify him or her of such
neglect; and in case he or she then fails to make such sidewalk and/or service
driveway safe, or to clean the same or to clear the same of ice, snow, dirt,
gravel or debris within such time as the Recorder may have specified in the
notice, then the superintendent shall cause such sidewalk and/or service
driveway to be made safe or to be cleaned and shall report the expense and cost
thereof to the Council. Such cost and expense shall constitute and be declared a
lien against the property affected, which lien shall be entered in the City's
lien docket. (Ord. 505 § 10, 1985)
12.12.110 Violation - Penalty.
Any person found to be violating any provision of this chapter shall be
served by the City of Waldport with written notice stating the nature of the
violation and provided with a reasonable time limit for the satisfactory
correction of the violation. The offender shall, within the period of time
stated in such notice, permanently cease all violations.
Any person who shall continue any violation beyond the time limited
provided for, upon conviction thereof before the municipal judge, shall be fined
in an amount not exceeding two hundred dollars ($200.00). Each day in which any
such violation shall continue shall be deemed a separate offense.
Any person violating any of the provisions of this chapter shall become
liable to the City of Waldport for any expense, loss or damage occasioned the
City of Waldport by reason of such violation. (Ord. 505 § 12, 1985)
Chapter
12.16
CURBLINES
AND PARKING STRIPS
Sections:
12.16.010 Curbline established.
12.16.020 Parking strips.
12.16.030 Violation—Penalty.
12.16.010 Curbline established.
That curbline on all streets of this City be and is established as nine
feet from the property line. (Ord. 66 § 1, 1923)
12.16.020 Parking strips.
That portion of the street between the curbline and any sidewalk
constructed thereon is reserved for the use of the abutting property owner, for
the purpose of planting shade trees, shrubs or seeding for lawn; and it is
unlawful for any person to injure or molest any such trees, shrubs or lawn,
except that the right is reserved to erect and maintain such electric light,
power or telephone poles as are provided for by franchise, and construct and
repair such water, gas light, sewer pipes or mains as are now in place in the
different streets or may hereafter be placed. (Ord. 66 § 2, 1923)
12.16.030 Violation—Penalty.
Any person who shall be found guilty of injuring or molesting any trees,
shrubs or lawns as are herein provided for shall be fined not less than five
dollars ($5.00) nor more than twenty-five dollars ($25.00). (Ord. 66 § 3, 1923)
Chapter
12.20
EXCAVATIONS
Sections:
12.20.010 Prohibited action.
12.20.020 Applications.
12.20.030 Security.
12.20.040 Permits.
12.20.050 Conduct of work.
12.20.060 Adherence to and exhibition of permits.
12.20.070 Notice of completion of work.
12.20.080 Barricades and safety measures.
12.20.090 Liability for accidents.
12.20.100 Repairs.
12.20.110 Option of
City to replace pavement.
12.20.120 Application to
City employees and public utilities.
12.20.130 Violation - Penalty.
12.20.010 Prohibited action.
It is unlawful for any person, group of persons or other legal entity to
open, clear, cut, break, excavate, grade, level, damage in any manner, undermine
or tunnel under any public street, alley or property in any manner dedicated to
public use, or perform any work or construction thereon, regardless of the state
of improvement or development thereof, without first making application to the
City, depositing security, obtaining a permit therefor and providing assurances
for the furnishing of additional utilities as may be required in accordance
herewith, all as provided in this chapter.
12.20.020 Applications.
Applications for said permits shall be in the form prescribed by the
City’s Chief Administrative Officer (CAO) and shall specify
the name and address of the applicant, the date of the application, the
name of the street or alley to be cut or tunneled under, the nature of the
street surface or pavement involved, the purpose of the work, the size and
nature of the cut or excavation, the number of days required to complete the
work, and an agreement to deposit such security as required by the City’s
Public Works Director (PWD) and/or the City Council; to comply with the
provisions of this chapter and with the specifications of the City’s Public
Works Director pertaining to the conduct of the work, to save and hold the City
and its employees harmless against any injury or damage that may result from the
acts of the applicant, and to file a report of the work done within forty-eight
(48) hours of its completion. Applications shall also contain or be accompanied
by such maps, plans, information, and stipulations as may be required by the
City’s Public Works Director.
The PWD in his/her sole discretion may require said cut or excavation by
means of “boring”, “tunneling’”or any other method designed to best
preserve the City’s investment in an affected street or roadway.
12.20.030 Security.
Before the issuance of any permit, the PWD shall require the applicant to
file with him or her either a surety bond, cash or certified check, to be
forfeited in the event that the applicant shall fail to fulfill the following,
as appropriate:
A. Security in an amount equal to twice the estimated cost of replacing any
pavement to be cut, removing all surplus earth, rubbish or other materials, the
cost of any re-excavation and refilling with proper material, if necessary, as
determined by the City PWD, together with an amount equal to twice the estimated
cost of any utilities required by the applicant to be provided in the course of
such project, as herein provided, to be forfeited in the event that the
applicant shall fail to complete the project in accordance with the requirements
and limitations of applicant's permit and the terms and conditions of this
chapter.
B. In lieu thereof, applicant may provide a blanket security to cover all
projects subject hereto which may be undertaken by any particular applicant for
a period of one year from the date the same is delivered to the City Clerk, in
an amount to be fixed by the City CAO, PWD and/or the City Council. The amount
shall be reasonable, based upon the cost of the project, and shall be subject to
the same conditions as stated above. Provided, however, that in the case of
unimproved streets, the City CAO or PWD may waive such security if he or she
shall determine that the same is not necessary for the protection of the public
interest.
12.20.040 Permits.
If the City PWD is satisfied that the project is feasible and proper,
that the said application has been made in due form, and that adequate security
has been provided, as required by the provisions of this chapter, he or she
shall issue a permit which shall designate: the name and address of the person
to whom the permit is granted; the date of the issuance of the permit; the
street or streets to be affected by said project; the nature of the streets
surface or pavement involved; the purpose of the work; the size and nature of
the project; estimated cost of restoration; the nature and amount of security
deposited; the time within which the work is to be completed, as determined by
the City PWD; and such other restrictions as may be deemed necessary or proper
by the City PWD for the safety of the public and the protection of public
interest. Moreover, in the case of unopened, undeveloped or unimproved streets,
if the City PWD determines that such project is for the purpose of developing
property adjacent thereto, the City PWD may require as a condition to such
permit, that the applicant complete the improvement of the street to City
standards and specifications and/or that the applicant provide water, sewer and
such other utilities to the property adjacent thereto as may be necessary for
health, safety and the orderly development of property adjacent thereto.
12.20.050 Conduct of work.
All work under said permits shall be done in conformity with the
provisions of this chapter, the terms of said applications and permits, and
under the supervision and subject to the approval of the City PWD. Upon
completion of the excavation, cut, or tunnel, all surplus earth, rubbish, or
other materials shall be removed immediately and the street or surface pavement
shall be replaced in as good as or better condition than it was before.
12.20.060 Adherence to and exhibition of permits.
No work shall be undertaken other than that specified in the application
and permit for the particular cut or excavation. Upon demand of the City CAO,
his or her assistants, or any City police officer, said permits shall be
produced at the place where the work is in progress; or such work shall be
stopped until said permit is produced.
12.20.070 Notice of completion of work.
Within forty-eight (48) hours of the completion of said cuts or
excavations, the person to whom the permit to do such work has been issued shall
report to the City PWD, stating that such work has been completed, and giving
such other information as may be required by said City PWD.
12.20.080 Barricades and safety measures.
Whenever any person or corporation shall, under authority of this chapter
or otherwise, place any obstruction in any street or alley or make any
excavation therein for any purpose whatsoever, it shall be the duty of such
person or corporation to keep such obstruction or excavation properly
safeguarded by substantial barricades and to display lighted red lanterns or
other lights or flares from dusk until daylight in conformity with such
regulations as may be specified by the City PWD. Whenever, in the opinion of the
City PWD, the public safety is so seriously endangered by said cuts or
excavations as to require constant supervision from dusk to daylight to insure
that all barricades are proper condition, that all warning lights are burning,
and that traffic is properly routed around such barricades, the person to whom
the permit for the work has been granted shall be responsible for furnishing a
night watchman for that purpose.
12.20.090 Liability for accidents.
Every person or corporation, having occasion to place any obstruction in
any street or alley or to make any excavation therein under the provisions of
this chapter, shall be responsible to anyone for any injury by reason of the
presence of such obstruction or excavation in the public highways; shall be
liable to the City of Waldport in the event that the City shall be held
responsible for any accident claims or otherwise arising out of the presence of
any such obstruction or excavation in said public highways. The person or
corporation conducting such activity shall post liability insurance naming the
City, if required by the City CAO, PWD or Council, in the amounts of one million
dollars ($1,000,000.00) per occurrence and two million ($2,000,000.00)
aggregate.
12.20.100 Repairs.
All persons to whom such permits are granted shall be personally
responsible for the maintenance and repair of the street surface or pavement
cut, dug up, damaged, tunneled under, or undermined under the provisions of said
permits in as good as or better condition then before such work was undertaken,
at their own expense and or such period of time as may be required by the City
PWD, but not to exceed one year.
12.20.110 Option of
City to replace pavement.
Whenever, in the opinion of the City CAO and/or PWD, it would be to the
best interests of the City for the City itself to replace or repair the street
surface or pavement cut, dug up, damaged, tunneled under, or undermined under
the provisions of this chapter, such work shall be done by the City under the
direction of the City PWD; and the cost of said work shall be either charged to
the person to whom the permit for the said cut or excavation has been granted or
deducted from the security deposited by him or her with the City Clerk.
12.20.120 Application to
City employees and public utilities.
The provisions of this chapter shall not be deemed to apply to the
construction or maintenance of pavement by the City, by its employees, or by
persons operating under contract with the City; nor to cuts or excavations made
by the employees of the City water department.
12.20.130 Violation - Penalty.
Any person, firm, or corporation violating any of the provisions of this
chapter shall, upon conviction, be sentenced to the penalties established in
this code for a Class A infraction. Each and every day that each violation of
any provisions of this chapter is continued, committed, or permitted shall be
deemed a separate offense. Waldport City Code Section 1.08.070.(Ord. 682, 2002)
Chapter
12.24
PORT
OF ALSEA
Sections:
12.24.010 Enforcement.
12.24.020 Prosecutions.
12.24.030 Persons age twelve and under to wear life preservers on docks.
12.24.040 Parking and parking time limitations.
12.24.050 Moorage rates and regulations.
12.24.060 Disposal of waste.
12.24.070 Launch fees and regulations.
12.24.080 Speed limit.
12.24.010 Enforcement.
The Lincoln County Sheriff’s Department shall enforce the provisions of this
chapter according to the terms of the intergovernmental agreement between the
City of Waldport and the Port of Alsea. (Ord. 714 § 2, 2007)
12.24.020 Prosecutions.
Violators of this chapter shall be prosecuted in the City of Waldport
Municipal Court or such other court as is appropriate. (Ord. 714 § 3, 2007)
12.24.030 Persons age twelve and under to wear life preservers on docks.
A. Definitions. "Adult" means any person eighteen (18) years of age or older.
B. Any person twelve (12) years of age and under shall wear a United States
Coast Guard-approved personal flotation device when upon any dock owned or
operated by the Port of Alsea.
C. No person twelve (12) years of age and under shall be allowed upon any
dock owned or operated by the Port of Alsea unless such person is under the
supervision of an adult when upon any dock owned or operated by the Port of
Alsea.
D. Violation of this section shall be punishable by a fine not to exceed
forty-eight dollars ($48.00). (Ord. 714 § 1 (part) Att. 42 §§ 1 - 4, 2007)
12.24.040 Parking and parking time limitations.
A. Parking of certain vehicles prohibited. No vehicle greater than twenty
(20) feet in length is permitted to park on any Port property except for
boat-trailer-tow vehicle combinations parked in the boat trailer parking area.
B. Parking Durations:
1. With the exception of the boat-trailer parking area, no vehicle may be
parked on Port property for more than eight (8) consecutive hours.
2. Parking in the boat-trailer parking area shall be limited to no more than
twelve (12) consecutive hours during which time all such
boat-trailer-tow-vehicle combinations are to conspicuously display either a
current launching ramp receipt or a season launch pass.
3. During the time recreational vehicles are parked on Park property they may
not run their engines, generators, or any auxiliary engines or power units
except for a period of time reasonably necessary to enter and exit Port
property.
C. Waivers. In cases of extreme need, special circumstance or emergency, the
above regulations may be waived or suspended by express written approval of the
Port.
D. Definitions.
1. "Vehicle" as used herein is defined to mean vehicle as defined in ORS
801.590.
2. "Boat-trailer parking area" as used herein is defined to mean that Port of
Alsea parking area bounded by North Broadway Street to the east and the Port of
Alsea Launch Ramp and Alsea Bay to the north.
E. Penalties.
1. Any violation of subsections A or B of this section shall be punishable by
a fine of not more than two hundred fifty dollars ($250.00) upon conviction of a
first offense.
2. In the event of two or more violations by the same person within a two
year period, punishment shall be by fine not to exceed that permitted by law.
(Ord. 714 § 1 (part) Att. 43 §§ 1 - 5, 2007)
12.24.050 Moorage rates and regulations.
A. The Board of Commissioners of the Port of Alsea determines that it is
necessary to establish certain moorage rates to be charged for mooring at port
facilities and establishing other regulations on mooring vessels at port owned
docks. Such regulations are necessary for the efficient operation of the port,
and for establishing an equitable policy for allowing use of the docks.
The port finds there is increasing use of the docks, and moorage space has
become limited. In order to maintain the facilities, the port finds it is
appropriate to establish certain moorage rates for boats and watercraft
utilizing the dock facility.
B. Rates. The rates charged for mooring boats, vessels and watercraft at port
dock facilities shall be those established from time-to-time by resolution of
the board of commissioners of the port.
C. Moorage Agreement. Any person, party or entity desiring to rent moorage
space from the port shall be required to sign a written rental agreement at or
before docking at the port facility. Each renter shall be required to abide by
the rules and regulations contained therein or as otherwise adopted by
resolution of the board of commissioners of the Port of Alsea.
D. There shall be no written rental agreement requirement for any person
mooring boats, vessels and watercraft at port dock facilities for less than
twelve (12) consecutive hours.
E. A violation of this section is punishable by a fine of twenty-five dollars
($25.00) per day for each day or portion thereof the boat or watercraft
continues to be moored at the dock without complying with the provisions of this
section. (Ord. 714 § 1 (part) Att. 44 §§ 1—5, 2007)
12.24.060 Disposal of waste.
A. The Board of Commissioners of the Port of Alsea determines that disposal
of solid and liquid waste on property owned by the Port of Alsea constitutes a
nuisance and inconvenience, and detracts from the public health, safety and
welfare of port property.
B. Definitions.
"Industrial waste" means any liquid, gaseous or solid waste substances or
combination thereof resulting from any process of industry, manufacturing,
trade, agriculture or agricultural operation or business, or from the
development or recovery of any natural resources which may cause or might
reasonably be expected to cause pollution of the property owned or controlled by
the Port of Alsea.
"Litter" means any and all types of debris and substances, whether liquid or
solid, or a combination thereof, including but not limited to garbage, refuse,
rubbish, cans, bottles, paper and paper products, wrappings, decayed wood,
sawdust, shavings, bark, cement, lime, cinders, ashes, offal, oil, tar,
dyestuffs, acids, chemicals, dead animals or fish carcasses or parts thereof,
manure, human or animal wastes, putrid, decaying or deleterious substances or
matters, petroleum wastes, or any machinery, appliances or automobiles or parts
thereof, or any other substances, which may render the port property unsightly,
noxious or otherwise unwholesome or to the detriment of the public health and
welfare.
"Sewage" means water, chemical or other liquid carried human or animal waste
from vessels, motor vehicles, trailers, residences, buildings, industrial or
commercial establishments or other places with such ground water infiltration
and surface water as may be present.
"Waste" means sewage, industrial wastes and all other liquid, gaseous, solid
or other substances which will or may cause pollution or tend to cause pollution
of any port property.
C. No person shall throw, place, leave, deposit or abandon or cause or permit
to be thrown, placed, left, deposited or abandoned, any litter on port property
except in designated receptacle areas designated by the port for the disposal of
such materials or substances. However, no person may dispose of litter in such
designated receptacles unless such person is disposing of litter generated as a
result of use of or in connection with port facilities.
D. No person shall throw, place, leave, deposit or abandon or cause or permit
to be thrown, placed, left, deposited or abandoned, any industrial or other
waste or sewage on port property.
E. Violation of this section shall be punishable by a fine not to exceed one
hundred fifty dollars ($150.00). Each act of throwing, placing, leaving
depositing or abandoning or causing or permitting to be thrown, placed, left,
deposited or abandoned, any litter, industrial or other waste or sewage on port
property shall be a separate violation of this section. Violators shall pay for
any cleanup costs incurred by the Port. (Ord. 714 § 1 (part) Att. 45 §§ 1 - 5,
2007)
12.24.070 Launch fees and regulations.
A. The Board of Commissioners of the Port of Alsea determines that it is
necessary to establish certain launch fees to be charged for launching boats and
watercraft at the port launch facility. Such charges are necessary for the
efficient operation of the port, for establishing an equitable policy of use,
and for generating revenue for the maintenance and upkeep of the launch facility
and other port property.
B. "Boat" or "watercraft" means every description of watercraft used or
capable of being used as a means of transportation on the water.
C. The rates charged for launching boats and watercraft at the port launch
facilities shall be those established from time to time by resolution of the
board of commissioners of the port.
D. Any violation of this section is punishable by a fine not to exceed fifty
dollars ($50.00) per violation. Each launch without paying the required fee is a
separate violation. Any funds collected under the penalty provision of this
section shall inure to the port general fund. (Ord. 714 § 1 (part) Att. 47 §§ 1
- 4, 2007)
12.24.080 Speed limit.
A. The Board of Commissioners of the Port of Alsea finds that it is necessary
for the public health, safety and welfare to regulate the speed of motor
vehicles operating on port property.
B. "Motor vehicle" means every self-propelled vehicle and vehicle designed
for self-propulsion.
C. It is unlawful for any motor vehicle to operate at a speed in excess of
fifteen (15) miles per hour while on any port property.
D. Any person convicted of violating subsection B of this section shall be
punished by a fine of not to exceed seventy-eight dollars ($78.00). (Ord. 714 §
1 (part) Att. 48 §§ 1—4, 2007)
Chapter 12.28
Public Parks
12.28.010
Rules and Regulations
12.28.020
Violation - Penalty
12.28.010 Rules and Regulations. Council may by Resolution establish rules for any outdoor recreational areas within the City's limits.
12.28.020 Violation - Penalty. Any violation of any rules set by such Resolution will be a Class "A" violation pursuant to Chapter 1.08 of the Waldport Municipal Code. (Ord. 705, 2006)