§ 96.01  WORK PERMIT REQUIRED; FEE; TRAFFIC CONTROL.
   (A)   No person, firm, or corporation shall construct, repair, lay or relay any sidewalk, driveway apron, curb or combined curb and gutter upon the public highways and streets of the town, or cause the work to be done or commence with the construction of the work unless the person, firm, or corporation shall have obtained a permit from the Legislative Council or its designated agent; provided, that emergency permission may be granted for commencement of the work upon oral notice which shall be followed immediately by a written application for a permit as herein provided.
   (B)   The fee for each permit shall be $50.
   (C)   (1)   The use of a uniformed police officer(s) shall be required for all sidewalk and curb work performed adjacent to roadways that significantly restricts the roadway to traffic and creates a traffic hazard. The Chief of Police or his/her designee shall determine that a traffic hazard exists, due to the effect on traffic patterns and flow at the time of the proposed work. The officer(s) shall be authorized by the Police Department and the cost of same be charged directly to the permittee or company performing such work.
      (2)   Where the officer(s) provides services to more than one permittee, each permittee shall be responsible proportionately for such expense. If the Police Department is unable to supply a uniformed police officer(s) at any time, the permittee or company performing the work shall then be required to provide a flag person for all such work.
      (3)   The Chief of Police or his/her designee may authorize use of flag persons on a temporary basis when:
         (a)   The work is in an isolated area;
         (b)   Traffic is light to moderate;
         (c)   Work will be completed with minimum disruption, generally within three hours;
         (d)   Work will be conducted on "secondary" or "non-peripheral" roadways during non-peak traffic hours (0700 to 0900 and 1600 to 1800); or
         (e)   Work will be completed with minimal disruption within 30 minutes.
      (4)   Police officer instructions/duties, responsibilities at job sites shall be issued by the patrol bureau commander of the Police Department with the approval of the Chief of Police or his/her designee. When on duty, all police officers shall wear orange safety coats or traffic vests, and shall utilize appropriate equipment, including but not limited to flags and flashlights in executing their responsibilities.
      (5)   Public utilities or other entities responding to emergency situations that may threaten public safety may utilize a traffic control person until a police officer arrives at the location of the emergency. If the on-duty shift commander determines a uniformed police officer should be assigned to the location for the purpose of traffic control and public safety, the public utility company or other entity shall bear the cost of such traffic control.
(Adopted 4-24-68; Am. Ord. 312, passed 1-7-91; Am. Ord. 417, passed 9-5-00; Am. Ord. 461, passed 6-3-02; Am. Ord. 591, passed 6-7-10)  Penalty, see § 96.99(A)