§ 605. Irrigation systems.

A.

Definition. Irrigation systems shall mean lawn and landscape watering or sprinkling systems.

B.

Irrigation systems authorized. The installation of irrigation systems shall hereafter be allowed within the City of Tulsa on public rights-of-way, both arterial street and non-arterial street. Public rights-of-way shall be defined as the property lying between any curb or street line and adjacent property lines.

C.

Backflow preventer permits required. Any person desiring to construct or install an irrigation system must have a plumbing permit for the installation of a backflow preventer that is required for all irrigation systems that connect directly or indirectly to the public water system. Such permits shall be substantially the same, if not identical to permits issued by the office of the plumbing inspector, pursuant to the provisions of the plumbing code of the City of Tulsa; and the construction and installation of back-flow preventers and water mains which are a part of or to be connected to any irrigation system shall be in full compliance with the provisions, conditions and terms of the plumbing code of the City of Tulsa. See Title 49, Tulsa Revised Ordinances, for appropriate fees.

D.

Restrictions and conditions. The following restrictions and conditions shall attach to and become a part of this grant of permissive use of the public rights-of-way of the City of Tulsa for the construction or installation of irrigation systems.

1.

No irrigation system shall be constructed or installed or maintained so as to interfere with pedestrian or vehicular traffic along the public rights-of-way, streets, alleys or sidewalks.

2.

Any irrigation system shall be so constructed, installed and maintained by the owner of the property adjacent to the right-of-way, so that no maintenance costs shall inure to the disadvantage of the City of Tulsa on the public rights-of-way, streets, alleys or sidewalks adjacent thereto. The City of Tulsa shall bear no costs of future maintenance of that portion of the right-of-way upon which or under which such irrigation system is installed and constructed, but such maintenance shall be the exclusive responsibility of the property owner.

3.

No liability for property damage or personal injury shall attach to the City of Tulsa as a municipal corporation arising out of the construction, installation or maintenance of an irrigation system.

4.

Permission for the construction or installation of irrigation systems shall be authorized as herein provided without waiving or abandoning any privilege or rights in favor of the City of Tulsa in, to or under the public rights-of-way on or under which an irrigation system is constructed or installed; nor shall there be a waiver of any privileges or rights previously acquired by any of the agents, servants or employees of the City of Tulsa, including utility companies.

5.

In the event it becomes necessary for any public purpose (including construction, installation, maintenance, repair or discontinuance of utilities on or under the public right-of-way occupied by an irrigation system) to remove such irrigation system because it interferes with the prior privileges or rights of the City of Tulsa, its agents, servants and employees, including utility companies, the system shall be removed by the owner of the property adjacent thereto. In the event such removal is not accomplished as herein provided, such system may be removed by the City of Tulsa, its agents, servants or employees, including utility companies and independent contractors, at the expense of the person who is the owner of the property adjacent thereto.

(Ord. No. 22845, § 1, 3-14-2013)