A. Unlawful Use: Unless authorized by permit or other written authorization issued by the town, or unless authority is granted by provisions of this code or other ordinance of the town, now or hereafter enacted, it shall be a class B misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of this code, for any person to: (1980 Code § 8-111; amd. 2010 Code)
1. Property Controlled By Town: Construct, lay, excavate, erect, operate or maintain over, under, across, in or through any property owned or controlled by the town, any utility, canal, ditch, construction or building.
2. Restricted Areas: Enter upon any property of the town contrary to any posting or marking restricting or prohibiting use of the area.
3. Damage To Property: Intentionally use or perform acts upon property of the town which materially impair, alter or damage the property. (1980 Code § 8-111)
B. Repair After Unlawful Use: The town council, in addition to any other penalty which may be imposed, may order any person who has damaged, altered or changed any property of the town to repair or restore the property to its original condition prior to the damage, alteration or change. (1980 Code § 8-112)
C. Franchise; Easement:
1. Provisions: The town council may grant to any person a franchise or easement on such terms and conditions as it deems reasonable, for the purpose of entering upon, constructing, building, operating and maintaining any business or for other use of the property of the town, and the provisions of subsections A and B of this section shall not apply to the extent such provisions are waived, qualified or made inapplicable to the rights or privileges granted in the franchise ordinance or easement.
2. In Writing: Any franchise or easement granted by the town shall be in writing and any franchise or easement not in writing shall be void. (1980 Code § 8-113)
D. Acts Exempted: It shall not be a violation of this section where any person uses the public property of the town in the manner or for the purpose for which such property has been made available for public use. (1980 Code § 8-114)