(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)