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(1) No person shall remove any stone walls or portion thereof located within the public right-of-way without first applying for and receiving a permit from the office of historic preservation. "Stone wall" is defined to be a wall built of stones or rocks which have been gathered from fields or creek bottoms or quarried stones or rocks. The office of historic preservation may issue a removal permit only in special circumstances including but not limited to the following:
(a) The stone wall is a traffic hazard or otherwise presents a threat to public safety;
(b) The stone wall is to be relocated or replaced by a more appropriate stone wall; or
(c) The existing stone wall is in such a damaged or neglected condition that it is not feasible to have it remain. No permit shall be issued however in cases where the property owner or his agents cause the stone wall to be damaged in order to justify the issuance of a removal permit.
Nothing contained in this section is intended to limit or impair the authority of the federal or state government to remove stone walls within the public right-of-way of any publicly dedicated road when the removal or alternation is necessary to make road improvements.
(2) Applicants may appeal the denial of a permit to the stone wall appeals board. The appeal provided herein shall be taken by filing written notice thereof with the office of historic preservation within twenty (20) days from the final action of the office of historic preservation's denial of the permit. The written notice provided for herein shall state the reasons why the appeal is being taken. The appeal provided herein shall be heard within sixty (60) days following the date the appeal is filed.
(3) The stone wall appeals board shall meet to review applicants' appeals. The stone wall appeals board may consider whether special circumstances exist to allow for the removal of a stone wall. Special circumstances may include, but are not limited to, the circumstances set out in subsection (1) of this section. Decisions made by the stone wall appeals board shall be final. The stone wall appeals board shall be composed of the members of the board of architectural review established pursuant to Article 13-5 of the Zoning Ordinance with terms concurrent with their terms serving on the board of architectural review.
(4) Any person violating any provision of this section shall be upon conviction or a plea of guilty subject to a fine of not less than three hundred dollars ($300.00) per five (5) linear feet of stone wall removed nor more than five hundred dollars ($500.00) per five (5) linear feet of stone wall removed.
(Ord. No. 224-94, § 1, 11-17-94; Ord. No. 179-2009, § 1, 8-27-09)
(a) Operator means any person operating a tow truck for a private impound tow truck service or any employee of a private impound tow truck service.
(b) Private impound tow truck service means a person engaged in any business which provides the services of one (1) or more tow trucks to tow and privately impound motor vehicles.
(c) Privately impounded means that the vehicle has been towed and impounded from a private parking lot without the consent of the owner of the vehicle at the direction of a person having control or possession of the private property upon which the vehicle was located.
(d) Identifying tow number means a control number assigned by the division of police which will identify both the document file on the impoundment and the vehicle privately impounded.
(e) Department shall mean the department of public safety.
(f) Tow truck service storage yard means any property, including the premises of any service station, upon which vehicles that have been privately impounded are stored.
(g) Drop fee shall mean the fee paid by the owner or custodian of an improperly parked vehicle, for release of the vehicle prior to impoundment.
(h) Private impound cost schedule (PICS) means a pre-printed sheet with the name address and phone number of the private impound tow truck service at the top. The sheet shall include an itemized payment schedule to include the maximum towing charge, storage charge and drop fees. The sheet may include other fees for services offered by the private impound tow truck service. At the bottom of the sheet will be a line for the operator providing the sheet to write their name.
(i) Standard tow shall mean the impoundment of a vehicle with a gross vehicle weight rating (GVWR) of ten thousand (10,000) pounds or less.
(j) Heavy duty tow shall mean the impoundment of a vehicle with a gross vehicle weight rating (GVWR) of ten thousand one (10,001) pounds or more.
(k) Vehicle means any motorized vehicle, any trailer or any container or moveable apparatus subject to impoundment under this section.
(Ord. No. 84-93, § 1, 5-6-93; Ord. No. 205-97, § 1, 10-16-97; Ord. No. 10-2013, § 1, 1-31-13)
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