CHAPTER 71: ROADS, VEHICLES AND TRAFFIC CONTROL

Section

   71.01   Definitions

   71.02   Construction, damage and restoration within road right-of-way

   71.03   Restricted travel and vehicles

   71.04   Abandoned vehicles

   71.05   Parking restrictions

   71.06   Other street issues

   71.07   Fines and fees

§ 71.01 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ABANDONED VEHICLE. Any motorized conveyance or trailer, licensed or unlicensed or with expired license or vehicle parts left for more than five days on public property or streets, alleys or parking lots.

   OWNER. A person who holds the legal title of a vehicle or real estate.

   RIGHT-OF-WAY. Land dedicated and publicly owned for use as a street or for other public purposes.

(Prior Code, § 5.04.010) (Ord. 2006-06, passed 11-18-2008; Ord. 2016-01, passed 4-13-2016)

§ 71.02 CONSTRUCTION, DAMAGE AND RESTORATION WITHIN ROAD RIGHT-OF-WAY.

   (A)   The town, by resolution, will establish procedures, permit requirements and fees for regulating maintenance or new construction activities that require disturbing and restoration of road right-of-way. These procedures and permit requirements shall include provisions for proper drainage along the road in the town’s right-of-way.

   (B)   No person shall damage or cause damage to any road right-of-way within the town. Any damage to a road right-of-way, other than wear and tear from normal vehicular travel, that is caused by a vehicle, construction or other activity, will be the responsibility of the owner of the vehicle, person or entity that causes the damage. The town reserves the right to repair the damage and to charge the owner of the vehicle, person or entity that caused the damage for the cost of repairs including labor, administrative costs, collection fees and such fines as may be applicable.

   (C)   The town is not liable for damage to any improvements, landscaping, vehicles or property in the road right-of-way.

   (D)   Any vehicles, utility trailers or property parked or placed within a road right-of-way that are impeding traffic or causing a hazard to other traffic may be towed and impounded at the owner’s expense. Should property damage occur as a result of property parked or placed in the road right-of-way, the property owner, where the damage occurs, will be liable for any property damage to vehicles, trash receptacles, portable toilets or other property that is damaged while placed in the road right-of-way.

   (E)   In all prosecutions for alleged violations of this chapter, the owner of the vehicle or property shall be prima facie presumed to have been the person in control of the vehicle or property at the time the offense was committed.

(Prior Code, § 5.04.020) (Ord. 2006-06, passed 11-18-2008; Ord. 2016-02, passed 4-13-2016; Ord. 2022-12, passed 10-19-2022)

§ 71.03 RESTRICTED TRAVEL AND VEHICLES.

   (A)   The town may restrict travel on town roads by vehicles or other equipment that are considered a hazard or may cause damage to town roads.

   (B)   Vehicles that may be restricted include, but are not limited to, the following:

      (1)   Vehicles or combinations of vehicle and load having a length of more than 45 feet, a width of more than eight feet six inches or a height of more than 14 feet;

      (2)   Trucks or similar vehicles with a per-axle weight of 24,000 pounds gross weight or more; and

      (3)   Vehicles carrying explosives or corrosive materials or flammable substances in excess of ten gallons in containers that are not attached to the vehicle.

(Prior Code, § 5.04.030) (Ord. 2006-06, passed 11-18-2008)