(A) ALLEY is hereby defined as a town right-of-way which primarily provides public safety access to the rear of buildings or lots and is not intended for general use by members of the public who do not own or reside on property which abuts the alley. Alleys are also used for public utility easements. An alley is contrasted with a street which is a town right-of-way that is intended for general use of the public whether or not they own or reside in property that abuts the street. Generally, a street provides access to the front or side of a lot.
(B) The Town Manager is hereby authorized to post appropriate “no trespassing” signs in any alley identified by resolution of the Town Council. Such signs shall advise the public that trespassing in the alley shall result in criminal prosecution and penalties as set forth hereafter (see Resolution 1999-21).
(C) This section will not apply to a resident whose residence or property is contiguous to the alley and who is driving or walking or working in the alley for legitimate reasons.
(D) The Town Manager may designate only certain hours that the no trespassing rules would be in effect or he or she may designate a 24-hour period. If less than a 24-hour period is designated, the hours that the ordinance is in effect must be set forth on the no trespassing sign.
(E) No prosecution shall occur under this section until the Council has designated the alley and an appropriate sign has been placed there.
(Ord. 99-06, passed 11-18-1999; Res. 99-21, passed 11-18-1999)