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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)
(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)
(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)
The Town Road Superintendent or other town-designated employee or a state certified peace officer may take into custody abandoned, or junk motor vehicles and parts or remains thereof which are nuisances and are on public property or on public streets, alleys and parking lots and:
(A) Remove and store the vehicles or parts at the expense of the owner;
(B) Permit redemption of the vehicles or parts;
(C) If not redeemed after giving public notice, sell the vehicles or parts without warranty.
(D) Pay expenses from the sale; and
(E) After lapse of ten days, deposit unclaimed proceeds from the sale of vehicles or parts into the General Fund of the municipality.
(Prior Code, § 5.04.040) (Ord. 2006-06, passed 11-18-2008)
No vehicle may be parked on or in the road right-of-way in the Town limits at any time except where permitted with signage or with a parking pass issued by the Town. No vehicle may be parked in parking areas beyond the time limits imposed by signs defining these time limits. If designated parking areas on Town owned property are full during a Town special event, vehicles may park on roadway shoulders in a manner that does not restrict traffic. Whenever any motor vehicle without driver is found parked, standing or stopped in violation of any of the restrictions imposed by ordinance of the town or state law, the officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user or owner, and shall conspicuously affix to such vehicle a parking citation for the owner to answer to the charge against him or her at a time and place specified in the citation. In all prosecutions for alleged violations of this chapter, the owner of the vehicle shall be prima facie presumed to have been the person in control of the vehicle at the time the offense was committed.
(Prior Code, § 5.04.050) (Ord. 2006-06, passed 11-18-2008; Ord. 2022-12, passed 10-19-2022; Ord. 2024-14, passed 12-10-2024)
(A) Address numbers must be clearly visible from the street at all times of the year.
(B) No person shall place, throw, scatter or deposit garbage, debris, refuse or waste material, objects or substances, including abandoned or junked vehicles upon the road right-of-way. Operators of motor vehicles are responsible for the disposition or ejection of garbage, debris or other material from the vehicle while the vehicle is being operated on the town road right-of-way.
(C) The town shall have the right to plant, prune, preserve and remove trees, plants and shrubs within the right of way of all streets and public grounds, as may be necessary to ensure safety when servicing town utilities, roads or to preserve the symmetry and beauty of such public grounds. The town may, at its option, remove or cause to be removed any tree or part thereof which presents an unsafe condition or which by reason of its nature is injurious to public improvements. For those plants rooted on private property which create an unsafe condition while traveling on town roads, and extend into, onto, or over a town road right of way the town may clear a vertical space along the property line to a height of 16' above the right of way. Refer to Title XV § 154.068 Traffic Visibility at Corners for safety clearance at corners.
(Prior Code, § 5.04.060) (Ord. 2006-06, passed 11-18-2008; Ord. 2016-01, passed 4-13-2016; Ord. 2021-08, passed 6-15-2021)
Penalty, see § 10.99
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