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§ 94.04 CLOSING OF STREETS BEING CONSTRUCTED OR REPAIRED.
   (A)   If the Administrator determines that it is necessary to close any street or any portion of a street to permit construction, repair or maintenance work thereon, the Administrator may close or cause to be closed the whole or any portion of the street in accordance with the provisions of this section.
   (B)   While any street or portion thereof is closed, or while any street or portion thereof is in the process of being constructed, repaired or maintained, the Administrator or any contractor acting under authority from the town may erect or cause to be erected suitable barriers or obstructions thereon, may post or cause to be posted conspicuous notice to the effect that the street or portion thereof is closed, may place warning signs and lights on the streets and may cause authorized personnel to direct traffic around or off of the street.
   (C)   When the street or portion thereof is closed to the public or in the process of construction, maintenance or repair as provided herein, no person may do any of the following:
      (1)   Drive, or cause to be driven, any motor vehicle or other vehicle into, over or on any street or portion thereof on which construction, repair and maintenance work is being done or which is so closed;
      (2)   Break down, remove, injure or destroy any barrier or barriers or obstructions on the street or portion thereof closed or being constructed, repaired or maintained;
      (3)   Tear down, remove or destroy any notice or extinguish, remove, injure or destroy any warning lights so erected, posted or placed on the street or portion thereof; and/or
      (4)   Fail to observe the direction of any authorized employee or personnel around or off of the street or portion thereof being constructed, repaired or maintained.
§ 94.05 TREES, SHRUBS AND PLANTINGS IN PUBLIC RIGHTS-OF-WAY.
   (A)   No person other than an employee or contractor of the town may plant or maintain any tree or shrubbery whatsoever in or on any portion of any public right-of-way (including, but not limited to, boulevard strips and those utility areas or strips between a public sidewalk and an improved public street), except pursuant to and in accordance with an encroachment agreement executed by the town. An encroachment agreement shall not be executed unless the Administrator determines that the planting will in no way interfere with traffic or utility lines.
   (B)   Except as otherwise provided in § 94.21, no person may cut, mar or otherwise injure any shade tree, shrub or other planting located on any public right-of-way or other public property.
§ 94.06 REMOVAL OR ALTERATION OF RAILROAD TRACKS.
   (A)   No person may alter, make additions to or remove any railroad tracks now laid within the town except pursuant to and in accordance with a permit issued by the Administrator.
   (B)   The person seeking the permit specified in division (A) above shall submit to the Administrator sufficient plans and specifications to enable the Administrator to determine whether the permit shall be issued.
   (C)   The Administrator shall issue the permit requested under this section unless he or she finds that the proposed alterations, additions or removals cannot be accomplished without undue damage to public property or danger to the public health or safety. The Administrator may attach reasonable conditions to the issuance of the permit.
§ 94.07 MAINTENANCE OF RAILROAD CROSSINGS.
   All railroads operating within the town shall at all times maintain and keep all railroad street crossings and railroad rights-of-way in proper repair in accordance with specifications furnished by the Administrator.
   (A)   All rights-of-way should be kept in clean and sightly conditions.
   (B)   All crossings shall be maintained so that the top of the tracks at the crossing conforms to the street grade line.
OBSTRUCTIONS
§ 94.20 OBSTRUCTIONS PROHIBITED; EXCEPTION FOR SIDEWALK SALE AND BASKETBALL GOAL.
   (A)    Except as otherwise allowed under this section or as authorized by statute or ordinance (including §§ 94.41 and 94.42 of this chapter), and except to the extent required by the performance of some function authorized or mandated by a statute or ordinance, no person may obstruct or impede travel in the public streets or sidewalks within the town by placing or leaving any object within the traveled portion of the public right-of-way.
   (B)   Except as provided in this division (B), division (A) above applies, but is not limited to goods, wares or merchandise displayed for sale. Partial obstruction of a public sidewalk for a sidewalk sale is permissible in accordance with a permit issued by the Administrator upon a finding the following:
      (1)   The sale will not extend for more than three consecutive days;
      (2)   The obstruction will take place only during daylight hours;
      (3)   The permit, together with any other permits issued to the same applicant or to other applicants for sale at the same location, will not authorize an obstruction for more than ten days during any 365-day period; and
      (4)   The sidewalk will only be partially obstructed in a manner that does not seriously inconvenience the public or threaten the public safety.
   (C)   If a permit is issued pursuant to division (B) above, no person may cause, suffer or permit the operation of a sidewalk sale in violation of the conditions set forth in divisions (B)(1) through (B)(4) above or any other conditions attached to the permit.
   (D)   The Town Clerk shall charge and collect a fee identified on the town’s fee schedule for a permit for each sidewalk or yard sale.
   (E)   Division (A) above shall not apply to temporary obstructions caused by persons engaged in construction work on abutting property when proper warning devices are maintained in accordance with § 94.23 of this chapter.
   (F)   Basketball goals (“goals”) may be allowed over the traveled portion of a public right-of-way in accordance with the following restrictions:
      (1)   The goals must be located on a residential street with a speed limit of 20 miles per hour or under.
      (2)   The goal must be located adjacent to the residential property of the owner of the goal.
      (3)   The goal base structure must be placed off the pavement and curb and clear of utility boxes, light poles, sidewalks or any other permanent structure.
      (4)   The goal must be removable and not a permanent structure.
      (5)   The goal must be in clear sight with no obstructions preventing drivers from identifying the goal from a safe distance away.
      (6)   The goal must in no way interfere with uses allowed in the public right of way including but not limited to: travel, parking, mail delivery, trash collection, yard waste collection, public storm water systems, or access to public utilities nor may the goal block a public sidewalk or driveway.
      (7)   The goal must be kept in clean, safe and good working condition, with intact nets.
      (8)   If, at any time the goal is determined to be a health or safety risk or a nuisance to the community for any reason, the goal must be removed.
(Ord. passed 4-2-2024)
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