Chapter 12.04
STREET USE
Sections:
12.04.020 Chapter declared exercise of police power.
12.04.070 Permit—Indemnity deposit.
12.04.080 Permit—Indemnity to save town harmless.
12.04.090 Permit—Processing of applications.
12.04.100 Permit—Termination of use.
12.04.120 Rights to prosecute in civil action.
12.04.010 Title.
The ordinance codified in this chapter shall constitute the street use ordinance of the town and may be referred to as such.
(Ord. 213 §1, 1988).
12.04.020 Chapter declared exercise of police power.
This chapter is declared to be an exercise of police power of the town for the public safety, health and welfare, and its provisions shall be liberally construed to the accomplishment of that purpose.
(Ord. 213 §2, 1988).
12.04.030 Definitions.
A. “Public place” means and includes streets, avenues, ways, boulevards, drives, places, alleys, sidewalks, planting (parking) strips, squares, triangles and rights-of-way open to the use of the public in the space above or beneath the surface of the same.
B. “Use” means and includes, to construct, store, erect, place upon or maintain, upon, over or under any public place any staging, scaffolding, elevator, loading ramp or dock, building, or any other structure; or to use or occupy any public place for the storage or placement of any material, equipment or thing.
(Ord. 213 §4, 1988).
12.04.040 Permit—Required.
It is unlawful for anyone to use any public place for private purposes without a written permit from the town, and without complying with all the provisions of this chapter, provided that nothing herein contained shall apply to street, construction and maintenance work, utility construction and maintenance performed by the town or its authorized agents, and street excavation performed under town ordinance relating to the opening and excavation of streets.
(Ord. 213 §5, 1988).
12.04.050 Permit—Application.
Application for permits herein provided for shall be filed with the town planning commission upon a form supplied by him. Such application shall be directed to the town and shall contain:
A. An accurate description of the public place or portion thereof desired to be used;
B. The use desired to be made of such public place;
C. The plans and specifications for any utility or structure desired to be constructed, erected or maintained by the applicant.
(Ord. 213 §6, 1988).
12.04.060 Permit—Fees.
The town planning commission is authorized and directed to prepare and adopt a schedule of fees applicable to all such permits heretofore and hereafter issued commensurate with the cost of administration, inspection and policing involved in the issuance and continuance of such permits, and the use thereby granted, and any such schedule, when approved by the town council of the town by resolution, shall govern the amount of the fee for any such permit. The fee shall be on an annual basis. In the event the fee is not paid, the permit shall be revoked.
(Ord. 213 §11, 1988).
12.04.070 Permit—Indemnity deposit.
A. In the event that the town planning commission or the town council determines that there is a possibility of injury, damage or expense to the town arising from an applicant’s proposed use of any public place, the applicant shall deposit with the town treasurer a cash indemnity deposit, the amount to be determined by the town supervisor or the town council as the case may be at the time of approving the application. Such indemnity deposit shall be used to pay the cost, plus fifteen percent thereof, of inspections, surveys, plans and other services performed by the town, restoring the street and removing any earth or other debris from the street, the replacement if any utility interrupted or damaged, or the completion of any work left unfinished, the cost of filing an indemnity agreement, if such an agreement is required with the permit, and any other expense the town may sustain in conjunction with the permitted work. The balance of the cash indemnity deposit, if any, after the foregoing deductions shall be returned to the applicant. If the indemnity deposit is insufficient, the applicant will be liable for the deficiency. In the event any studies are required prior to the issuance of a permit, the cost of such studies shall be paid for by the applicant.
B. The applicant in lieu of, or in addition to, the cash indemnity deposit, may, as approved by the town, file with the town a surety bond, which bond shall assume all the requirements provided in subsection A of this section in relation to a cash indemnity deposit, and shall run for the full period of the permit, and shall be in an amount to be fixed by the town, and conditioned that such applicant shall faithfully comply with all the terms of said permit and all the provisions of this chapter and all other ordinances of the town, and indemnify and save the town free and harmless from any and all claims, actions or damages of every kind and description which may accrue to, or be suffered by, any person by reason of the use of any public place, as provided for in the application.
(Ord. 213 §8, 1988).
12.04.080 Permit—Indemnity to save town harmless.
A. The owner of the premises in front of which, and in connection with which, a public way is going to be used, shall execute and deliver to the town upon a form provided by the town, an agreement in writing signed and acknowledged by such owners and by any existing lessee wherein they agree to save the town free and harmless and agree to indemnify the town from any and all claims, actions or damages of every kind and description which may accrue to, or be suffered by, any person by the use of such public place, or by the construction, existence or maintenance or use of such structure. No permit shall be issued until such agreement is signed and delivered to the town.
B. In addition, such agreement shall contain a provision setting forth Section 12.04.110
(Ord. 213 §9, 1988).
12.04.090 Permit—Processing of applications.
A. The town planning commission shall examine each application to determine if it complies with the provisions of this chapter.
B. The town engineer may inspect the premises which are desired to be used in order to ascertain any facts which may aid in determining whether a permit should be granted, and shall endorse his findings in such application.
C. The application shall then be submitted to the town council for consideration. Final approval of the permit shall be by the town council, provided that the proposed use of such public place will not unduly interfere with the rights of the public. The town council may seek recommendations and comments from the planning commission.
D. If the application is approved, the time for which the permit may be granted shall be fixed and the town supervisor shall be directed to issue the permit upon the applicant’s compliance with the provisions of this chapter relative to indemnity.
(Ord. 213 §7, 1988).
12.04.100 Permit—Termination of use.
In the event that a permit is not renewed, or in the event a permit is revoked, if the permittee fails to discontinue and/or remove the use within sixty days of the termination date of the permit, then the use may be enjoined by the town and any structures removed by the town at the expense of the permittee.
(Ord. 213 §12, 1988).
12.04.110 Permit—Revocation.
All permits granted under the provisions of this chapter for the use of any public place shall be wholly of a temporary nature, shall vest no permanent right; and shall be issued and may in any case be revoked by the town upon thirty days’ notice; or without notice in case such use or occupation shall become dangerous or any structure or obstruction permitted shall become insecure or unsafe, or shall be constructed, maintained or used in accordance with the provisions of this chapter.
(Ord. 213 §10, 1988).
12.04.120 Rights to prosecute in civil action.
Nothing in this chapter shall be construed to curtail or abridge the right of anyone to prosecute a civil action for damages by reason of injury to person or property resulting from the negligent use by any other person of any public place or the space above or beneath the same, nor shall the issuance of a permit hereunder be construed as relieving the persons accepting the same, or anyone, from liability, caused by the occupation, obstruction of or encroachment on, any public place.
(Ord. 213 §3, 1988).
12.04.130 Penalties.
Anyone who shall violate or fail to comply with any of the provisions of this chapter, or who shall fail to remove any obstruction or discontinue use or occupancy of any public place when ordered to do so by the city, under authority of this chapter, shall be guilty of a civil infraction.
(Ord. No. 577, § 1, 11-19-15; Ord. 213 §14, 1988).
12.04.140 Validity.
If any portion of this chapter shall be declared invalid, it shall not thereby affect the validity of the remaining portions.
(Ord. 213 §13, 1988).