§ 155.136  STREETS AND RIGHTS-OF-WAY.
   (A)   General.
      (1)   All of the streets, drives, avenues, roads and lanes, hereinafter referred to herein as STREETS located within the corporate limits of the Town of Beverly Shores, Indiana are legally dedicated rights-of-way and as they are, when officially open, available for pedestrian as well as vehicular traffic.
      (2)   All control of the use of all streets in the Town of Beverly Shores, except U.S. Highway 12, is vested in the Town of Beverly Shores and shall be equitably administered by the Town Council.
      (3)   These streets shall be grouped in 3 general categories:
         (a)   Unopened streets;
         (b)   Opened streets; and
         (c)   Closed streets.
      (4)   The unopened streets shall remain unopened for public use until they are officially opened by the Town Council.
         (a)   The entire length and width of the rights-of-way of open streets, including both the so-called untraveled area (usually but not always unpaved) and the so called traveled area (usually paved), shall also insofar as the nature and configuration of the terrain in any given area permits, be kept free and clear of all structures, railings, pilings, walls, fences, fence posts, barriers and obstructions including but not limited to: logs, planks, timbers, railroad ties, boulders, building blocks, building materials, incinerators, trash-heaps, boats, trailers, disabled or abandoned vehicles, signs or installations, except for the permitted uses in divisions (B), (C), (D) and (E) below.
         (b)   At no time shall any track vehicles be driven on town streets in direct contact with the road surface.
      (5)   It shall be unlawful for any person to drive, operate, cause to be operated or be in physical control, upon any public road, street or highway within the town limits, excepting therefrom any highways in the state highway system and the state maintained routes thereof, any motor vehicle or combination of vehicles having a maximum gross weight, with load, in excess of 50,000 pounds or a maximum gross axle weight with load in excess of 13,000 pounds for 4-tire axle and 10,000 pounds per 2-tire axle unless a written permit therefore shall have been obtained from the Beverly Shores Street Department.
      (6)   (a)   Any permit issued by the Beverly Shores Street Department shall specify and direct in writing the streets and highways of the town that may be utilized by the permittee.
         (b)   Permits shall be issued in triplicate: 1 copy to be retained in the Beverly Shores Clerk-Treasurer’s office; 1 copy to be retained in the Beverly Shores Marshal’s office; and 1 copy to be carried in the permitted vehicle.
         (c)   The maximum speed limit for all motor vehicles requiring special permits will be 20 mph.
   (B)   Sidewalks, driveways, curbs, gutters, drains and vehicle parking spaces. Sidewalks, curbs, drains and vehicle parking spaces may be permitted by the Town Council which do not obstruct the free flow of pedestrian and vehicular traffic along the street rights-of-way.
   (C)   Lawns and landscaping. Lawns, either natural or artificial, and/or appropriate landscaping may be permitted which do not in any way constitute a visual or physical barrier to the free and safe flow of pedestrians and/or vehicular traffic along the street rights-of-way.
   (D)   On-street parking areas.
      (1)   As a general rule, the Town Council of Beverly Shores, Indiana extends to the owner(s) or occupant(s) of improved property (a lot or parcel) upon which a house has been or is being constructed within the corporate limits of the Town of Beverly Shores, the privilege of preferential use of that part of the so-called untraveled area of the street right-of-way which is immediately adjacent to and contiguous with the front property line of the improved property, for the purpose of parking motor vehicles which are the property of the owner(s) or occupant(s) of the improved property, the guests of the owners and/or occupants, the Town Council may rescind this privilege if the use is not deemed in the public interest and safety.
      (2)   Maintenance and provision for public safety and care of parking areas, lawns or landscaping shall be the sole responsibility of the adjoining property owner(s) or occupant(s).
   (E)   Encroachment license. Retaining walls no taller than four feet, stairs, railings, ramps, and elevators may be permitted in the unimproved portion of the right-of-way provided the Building and Site Committees issues a written approval of the location.
(Ord. 208, passed 12-19-1983; Am. Ord. 2014-04, passed - -; Am. Ord. 2017-15, passed 12-12-2017)  Penalty, see § 155.999