For the purpose of this chapter, the following terms mean:
"City"
means the City of Brownsville, Oregon.
"Person"
means an 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"
means territory over which the City now has or acquires jurisdiction for the exercise of its powers.
(1981 Compilation § 8-10.1; Ord. 653 § 1, 1997)
The City of Brownsville 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.
(1981 Compilation § 8-10.2; Ord. 653 § 2, 1997)
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.
(1981 Compilation § 8-10.3; Ord. 653 § 3, 1997)
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 permits.
(1981 Compilation § 8-10.4; Ord. 653 § 4, 1997)
Any citizen can apply for the installation of a public streetlight. The applicant will be responsible for all fees related to the installation and operation of the streetlight, if approved. The Public Works Superintendent and the City Administrator will evaluate the application to ensure it meets the Public Works Standards and assess the need for the streetlight. The Council will set and periodically review all fees associated with the streetlight installation by resolution.
(Ord. 809 § 1, 2025)
Any citizen can apply for the closure of a public street. The applicant will be responsible for any related fees related to the closure including providing an application, providing an insurance certificate naming the City additionally insured at the prescribed coverage amounts required and shall collect signatures from affected neighbors notifying them of the details of the proposed closure. The Council may set and periodically review all fees associated with street closure requests by resolution.
(Ord. 810 § 1, 2025)
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.
(1981 Compilation § 8-10.5; Ord. 653 § 5, 1997)