Code: Chapter 11


Streets, Sidewalks and Public Places


Article 1 Streets and Rights-of-Way
Sec. 11-1-10 Alteration of street improvements
Sec. 11-1-20 Deposit of snow and ice in public roadway
Sec. 11-1-30 Manual on Uniform Traffic Control Devices for Streets and Highways adopted
Sec. 11-1-40 Vegetation obstructing public right-of-way
Sec. 11-1-50 Obstruction of sight distance

Article 2 Sidewalks and Driveways
Sec. 11-2-10 Removal of snow and ice from sidewalks
Sec. 11-2-20 Sidewalk and driveway maintenance
Sec. 11-2-30 Inspection and notice
Sec. 11-2-40 Failure to comply
Sec. 11-2-50 Penalties

Article 3 Public Rights-of-Way Construction, Excavation and Work
Sec. 11-3-10 Definitions
Sec. 11-3-20 Police powers
Sec. 11-3-30 Permit required
Sec. 11-3-40 Permit application
Sec. 11-3-50 Permit contents
Sec. 11-3-60 Permit fee
Sec. 11-3-70 Franchised utility providers
Sec. 11-3-80 Insurance and indemnification
Sec. 11-3-90 Cash or letter of credit
Sec. 11-3-100 Warranty
Sec. 11-3-110 Inspections
Sec. 11-3-120 Public safety and nuisance
Sec. 11-3-130 Time of completion
Sec. 11-3-140 Traffic control
Sec. 11-3-150 Minimizing the impacts of work in the rights-of-way
Sec. 11-3-160 Standards for repairs
Sec. 11-3-170 Construction and restoration standards for newly constructed or overlaid streets
Sec. 11-3-180 Relocation of facilities
Sec. 11-3-190 Location of underground facilities
Sec. 11-3-200 Emergency procedures
Sec. 11-3-210 Revocation of permits
Sec. 11-3-220 Appeals procedure

Article 4 Park Regulations
Sec. 11-4-10 Definitions
Sec. 11-4-20 Closed areas
Sec. 11-4-30 Vandalism
Sec. 11-4-40 Litter
Sec. 11-4-50 Glass containers
Sec. 11-4-60 Fires
Sec. 11-4-70 Hunting
Sec. 11-4-80 Discharge of firearms
Sec. 11-4-90 Use of motorized vehicles

Appendix
Appx 11-A Construction Standards

ARTICLE 1

Streets and Rights-of-Way

Sec. 11-1-10. Alteration of street improvements.

(a) All driveway entrances, sidewalks, curb cuts and other concrete works in Town-owned

rights-of-way not within the portion of the street traveled by motor vehicles which are repaired,

reconstructed or otherwise constructed in any manner shall be constructed upon a permit duly issued

therefor, and upon the grade line furnished by the Town Clerk. Such construction shall be subject to

the minimum standards which are described in Appendix 11-A to this Chapter.

(b) An applicant for a permit under this Article shall file with the Town an application showing

and providing:

(1) Name and address of the owner or agent in charge of the property abutting the proposed

work area;

(2) Name and address of the party performing the work;

(3) Location of the work area;

(4) Attached plans showing details of the proposed alteration;

(5) Estimated cost of the alteration;

(6) Such other information as the Town finds reasonably necessary to the determination of

whether a permit should be issued under this Article; and

(7) A reasonable inspection fee as established by resolution of the Town Council.

(c) Any person required to obtain a permit under this Section shall be responsible for the repair

and maintenance of the work performed by it pursuant to the permit for a period of one (1) year

commencing from the date of completion of the work. Should the holder of the permit fail to perform

any such repair or maintenance, or fail to complete the work, the Town may perform the necessary

repair or maintenance or complete the work; in which case the holder of the permit shall be

responsible financially for the actual cost thereof, including five percent (5%) for inspection, a

minimum fee of fifty dollars ($50.00) and other incidental costs in connection therewith, and for all

costs incurred by the Town in collecting such costs, including attorney fees and court costs. In the

alternative, the Town may proceed against any bond required by Subsection (d) below.

(d) The following bonds shall accompany an application for a permit hereunder:

(1) In cases where the estimated cost of the project exceeds five thousand dollars ($5,000.00),

a maintenance and construction bond shall be filed with the application for a permit hereunder in

an amount equal to one-half (1⁄2) of the estimated cost of the project, and conditioned that such

work shall be performed and completed in compliance with the provisions and conditions of the

permit and the applicable provisions of the Town street specifications, and that the work

performed will be repaired and maintained for a period of one (1) year commencing from the date

of completion of the work.

(2) The Town may require an applicant hereunder to file a bond conditioned to protect and

save harmless the Town from all claims for damages or injury to other persons by reason of the

work performed.

(3) Agencies of the Town will be exempt from posting any bond.

(e) It is unlawful for any person to install, construct or affix in or upon any gutter in the Town

any structure, fixture or appliance which impedes, obstructs or prevents the flow of storm drainage

through such gutter, without first obtaining the written authorization of the Department of Public

Works.

(f) Violations of this Section shall be punishable by a fine of not more than four hundred ninety-
nine dollars ($499.00). (Ord. 97-8 §1; Ord. 2007-4 §1)

Sec. 11-1-20. Deposit of snow and ice in public roadway.

Whenever a snow plow, which consists of a plowing blade attached to a motorized vehicle, is

removing accumulated ice, mud, snow or other obstructions from private property, said snow plow

shall not cause the ice, mud, snow or other obstruction to be placed upon any sidewalk which adjoins

a public right-of-way or upon any public roadway. This Section shall not apply to any snow plow

which is operating for or under the direction of the Town. No snow plow shall be operated and in the

process of moving, or removing, accumulated ice, mud, snow or other obstruction, upon any public

right-of-way within the Town, except one authorized by the Town. (Ord. 2007-4 §1)

Sec. 11-1-30. Manual on Uniform Traffic Control Devices for Streets and Highways adopted.

(a) The most recent edition of the Manual on Uniform Traffic Control Devices for Streets and

Highways, as published by the U.S. Department of Transportation, Federal Highway Administration,

is hereby adopted by reference and incorporated into this Article, as though fully set forth herein.

Except as otherwise provided hereafter, such manual is adopted in full, including the outline of

contents, index and appendices contained therein.

(b) Whenever the word jurisdiction is used in the Manual on Uniform Traffic Control Devices

for Streets and Highways, it shall be held to mean that area included within the corporate limits of the

Town or any area hereafter annexed to the Town. (Ord. 2007-4 §1)

Sec. 11-1-40. Vegetation obstructing public right-of-way.

(a) Definitions. For purposes of this Section, the following terms shall have the following

meanings:

Public right-of-way means any street, alley, sidewalk, public easement, park, public parking

area or any other public property owned by the Town and dedicated to public use.

Vegetation includes but is not limited to trees, shrubs, hedges, flowers, vines, grass and plants,

and the stumps, roots, boughs, leaves and branches of the same, whether living or dead.

(b) Obstruction. No person owning, occupying or exercising control over any property abutting

any public right-of-way in the Town shall permit any vegetation to obstruct any portion of the public

right-of-way. Notwithstanding the foregoing, vegetation shall not be deemed an obstruction if it is at

least twelve (12) feet above the ground level of any street or alley, and at least seven (7) feet above

ground level of any other public right-of-way, such as a sidewalk or park.

(c) Trimming. Every owner of property abutting any public right-of-way in the Town shall cause

all vegetation to be properly trimmed on a regular basis to ensure compliance with this Section.

(d) Removal.

(1) If the Town discovers any vegetation obstructing any public right-of-way, the Town shall

provide written notice to the owner, occupant or other person exercising control over the property,

via personal service or first class mail, postage prepaid, addressed to the property owner’s last

known address or to the occupant or other person exercising control over the property. The notice

shall describe the obstruction and order that it be removed by a date certain, not less than seven (7)

days from the date of the notice.

(2) If the obstructing vegetation is not so removed within such time period, the Town may

cause the obstructing vegetation to be removed at the property owner’s expense. The Town may

bill the property owner for the entire cost of removal, plus a penalty of five percent (5%), and the

total amount shall be due and payable within ten (10) days of the date of the invoice. If any

person other than the property owner pays the total amount due, such payment shall relieve the

property owner from liability. However, the Town is not required to look to any person other than

the property owner for the payment of the charges.

(3) Any unpaid charges, together with interest, shall constitute a lien that is prior and superior

to all other liens, claims, titles and encumbrances, whether prior in time or not, except liens for

general taxes, and shall remain a lien on the property from the date such charges become due until

they are paid.

(e) Penalty. It is unlawful for any person to violate or permit a violation of this Section on

property owned, occupied or controlled by such person. Violations of this Section shall be punishable

by a fine not to exceed four hundred ninety-nine dollars ($499.00), and each day of violation shall be

deemed a separate offense. This penalty is in addition to and not in lieu of the removal procedures

established by Subsection (d) above. (Ord. 2005-2 §2)

Sec. 11-1-50. Obstruction of sight distance.

(a) It is unlawful for any owner or occupant of real property in the Town to allow hedges, trees,

shrubs, plants or other landscaping, or vehicles or trailers on such property which cause or tend to

cause an obstruction to the vision of the driver of a vehicle that is lawfully proceeding through an

intersection located in the Town, such that the driver of a vehicle does not have a clear sight distance

of at least seventy-five (75) feet of all adjacent public rights-of-way, including sidewalks, to view

other vehicles, pedestrians and bicyclists, prior to entering such intersection.

(b) It is unlawful for any person to park, store or permit to be parked or stored any vehicle or

trailer in the public right-of-way between the sidewalk and the street in such a manner as to obstruct a

clear sight distance of at least seventy-five (75) feet for the drivers of vehicles, pedestrians or

bicyclists lawfully proceeding through or turning at an intersection located in the Town.

(c) To maintain the seventy-five-foot sight distance described in this Section, it is unlawful for

the owner or occupant of real property located on or adjacent to any intersection located in the Town

to allow the height of shrubs and hedges to be taller than three (3) feet and tree canopies to be lower

than six (6) feet.

(d) Any person convicted of a violation of this Section shall be punished by a fine not to exceed

four hundred ninety-nine dollars ($499.00). In addition, if an obstruction located within the public

right-of-way is not removed within five (5) days after written notice is served on the property owner

or occupant in person or by first class mail, the Town may remove the obstruction and assess the cost

thereof to the property owner or occupant. If the obstruction is a vehicle or trailer, the cost shall be

assessed to the owner of that vehicle or trailer. (Ord. 99-6 §1)

ARTICLE 2

Sidewalks and Driveways

Sec. 11-2-10. Removal of snow and ice from sidewalks.

(a) The existence of snow and ice on sidewalks in the Town in violation of the provisions of this

Section is declared to be a public nuisance.

(b) Every person in charge or control of any building or lot of land within the Town fronting or

abutting on a paved sidewalk, whether as owner, tenant, occupant, lessee or otherwise, shall remove

and clear away, or cause to be removed and cleared away, snow and ice from so much of such

sidewalk as is in front of or abuts on such building or lot of land, within twenty-four (24) hours after

the cessation of any fall of snow, sleet or freezing rain.

(c) In the event snow and ice on a sidewalk has become so hard that it cannot be removed

without likelihood of damage to the sidewalk, the person or entity charged with its removal shall,

within twenty-four (24) hours after the cessation of any fall of snow, sleet or freezing rain, cause

enough sand or other abrasive material to be put on the sidewalk to make travel thereon reasonably

safe, and shall then, as soon thereafter as weather permits, cause such sidewalk to be thoroughly

cleaned.

(d) Whenever an officer charged with the duty of enforcing this Article has knowledge of

conditions in violation of this Section, but no person can be found in or upon the building or lot of

land fronting or abutting on the sidewalk upon which such conditions exist, such conditions

constituting a nuisance may be abated without notice at the expense of the owner of such building or

lot of land.

(e) Whenever any condition constituting a nuisance under the provisions of this Section is found

in existence more than twenty-four (24) hours after delivery of any notice or notification thereof to a

person or entity charged with its removal, such nuisance may be abated without notice at the expense

of the person or entity charged with removal of snow and ice.

(f) Violation; penalty. Violations of this Section shall be punished upon conviction as follows:

(1) For a first violation, a fine of twenty-five dollars ($25.00).

(2) For a second violation in any twelve-month period, a fine of fifty dollars ($50.00).

(3) For a third violation in any twelve-month period and for each subsequent violation during

such twelve-month period, a fine of one hundred dollars ($100.00). (Ord. 80-1 §1; Ord. 89-1;

Ord. 2007-4 §1)

Sec. 11-2-20. Sidewalk and driveway maintenance.

The owners of property within the Town are responsible for the maintenance, repair and/or

reconstruction of all sidewalks and driveway entrances adjoining their properties. (Ord. 90-1)

Sec. 11-2-30. Inspection and notice.

(a) The Building Inspector shall be responsible for the inspection of all sidewalks and driveway

entrances within the Town.

(b) When the Building Inspector determines that a sidewalk or driveway entrance is in such

condition that it presents a hazard to members of the public, a notice ordering the repair of said

sidewalk or driveway entrance as set forth in Subsection (c) below shall be served to the owner or

agent of the abutting property.

(c) Service of said notice shall be made by either serving such notice upon the person or entity

named as the property owner, or by sending such notice by first class U.S. mail to the property

owner’s address of record or place of business of the person or agent in charge of said property.

(d) Conditions that present hazards are sections or slabs of concrete or other material of the

sidewalk or driveway entrance not being level and not coming together with more than one (1) inch of

height difference, or by more than fifteen percent (15%) of the section deteriorated and/or flaking, or

by sections being seriously cracked.

(e) The notice to repair the sidewalk or driveway entrance shall include the following

information:

(1) The address of the abutting property, the name and address of the owner or agent and a

description of the repair or reconstruction required to eliminate the hazard;

(2) That the repair or reconstruction must be made within forty-five (45) days from the date of

the notice; and

(3) That failure to comply with the notice may result in the work being done by the Town at

the expense of the property owner and may also result in the filing of criminal charges for

violation of this Article. (Ord. 90-1; Ord. 2007-4 §1)

Sec. 11-2-40. Failure to comply.

(a) If the repairs or reconstruction of sidewalks or driveway entrances are not completed as

ordered by the notice as stated in Subsections 11-2-30(b), (c) and (d) above within the time period as

stated in Subsection 11-2-30(e), the Building Inspector may file a complaint with the Police

Department alleging a violation of Section 11-2-20 above.

(b) Completion of the repairs required under Section 11-2-30 above after the issuance of a

summons and complaint alleging a criminal violation of this Article shall not be considered as an

affirmative defense or a defense against the criminal violation. (Ord. 90-1)

Sec. 11-2-50. Penalties.

(a) Violations of Section 11-2-20 above shall be punishable in accordance with the provisions of

Section 1-6-20 of this Code.

(b) All remedies set forth herein are cumulative, and the exercise of one (1) shall not be deemed

to prevent the exercise of another, nor to bar or negate any prosecution under other provisions of this

Code or any petition for injunction for any assessments, as provided by law. (Ord. 90-1; Ord. 2007-4

ARTICLE 3

Public Rights-of-Way Construction, Excavation and Work

Sec. 11-3-10. Definitions.

For the purpose of this Chapter, the following words shall have the following meanings:

Director means the Director of Public Works or another authorized representative of the Town

as designated by the Director of Public Works.

Fence means any artificially constructed barrier of wood, masonry, stone, wire, metal or any

other manufactured material or combination of materials erected to enclose, partition, beautify,

mark or screen areas of land.

Franchised utility provider means any utility provider that has a franchise granted by the State,

the Town or any other governmental entity with jurisdiction to grant utility franchises binding on

the Town.

Infrastructure means any public facility, system or improvement, including without limitation

water and sewer mains and appurtenances, storm drains and structures, streets and sidewalks and

public safety equipment.

Landscaping means materials, including without limitation grass, groundcover, shrubs, vines,

hedges or trees and nonliving natural materials commonly used in landscape development, as well

as attendant irrigation systems.

Permittee means the holder of a valid permit issued pursuant to this Article.

Person means any person, firm, partnership, special, metropolitan or general district,

association, corporation, company or organization of any kind.

Public right-of-way, right-of-way or public way means any public street, way, place, alley,

sidewalk, easement, park, square, plaza and Town-owned right-of-way or any other public

property owned or controlled by the Town and dedicated to public use.

Specifications mean engineering regulations, construction specifications and design standards

adopted by the Town.

Structure means anything constructed or erected with a fixed location below, on or above

grade, including without limitation foundations, fences, retaining walls, awnings, balconies and

canopies.

Town means the Town of Mountain View, Colorado.

Work means any labor performed on, or any use or storage of equipment or materials in the

public rights-of-way, including but not limited to construction of streets and all related

appurtenances, sidewalks, driveway openings, bus shelters, bus loading pads, street lights and

traffic signal devices. It shall also mean construction, maintenance and repair of all underground

structures such as pipes, conduit, ducts, tunnels, manholes, vaults, buried cable, wire or any other

similar structure located below the surface of any public way, and installation of overhead poles

used for any purpose. (Ord. 97-1 §2)

Sec. 11-3-20. Police powers.

A permittee’s rights under this Article are subject to the police powers of the Town, which include

the power to adopt and enforce ordinances, including amendments to this Article, necessary to the

safety, health and welfare of the public. A permittee shall comply with all applicable laws and

ordinances enacted, or hereafter enacted, by the Town or any other legally constituted governmental

unit having lawful jurisdiction over the subject matter hereof. The Town reserves the right to exercise

its police powers, notwithstanding anything in this Article and the permit to the contrary. Any

conflict between the provisions of this Article or the permit and any other present or future lawful

exercise of the Town’s police powers shall be resolved in favor of the latter. (Ord. 97-1 §2)

Sec. 11-3-30. Permit required.

(a) No person, except an employee or official of the Town or a person under contract with the

Town, shall undertake or permit to be undertaken any construction, excavation or work in the public

right-of-way without first obtaining a permit from the Town, as set forth in this Article, except as

provided in Section 11-3-190. Each permit obtained, along with associated documents, shall be

maintained on the job site and available for inspection upon request by any officer or employee of the

Town.

(b) No permittee shall perform construction, excavation or work in an area larger or at a location

different than that specified in the permit or permit application. But if, when construction, excavation

or work is commenced under an approved permit, it becomes necessary to perform construction,

excavation or work in a larger or different area than originally requested under the application, the

permittee shall notify the Town immediately upon discovery of the need to do additional work and

within twenty-four (24) hours shall file a supplementary application for the additional construction,

excavation or work.

(c) Permits shall not be transferable or assignable, and work shall not be performed in any place

other than that specified in the permit. The applicant may subcontract the work to be performed

under a permit, provided that the holder of the permit shall be and remain responsible for the

performance of the work under the permit and all insurance and financial security as required. (Ord.

97-1 §2)

Sec. 11-3-40. Permit application.

An applicant for a permit to allow construction, excavation or work in the public right-of-way

shall:

(1) File a written application on forms furnished by the Town that include the following: the

date of application; the name and address of the applicant; the name and address of the developer,

contractor or subcontractor licensed to perform work in the public right-of-way; the exact location

of the proposed construction, excavation or work activity; the type of existing public infrastructure

(street pavement, curb and gutter, sidewalks or utilities) impacted by the construction, excavation

or work; the purpose of the proposed construction, excavation or work; the dates for beginning

and ending the proposed construction, excavation or work; the measurements, quantities,

itemization and total cost, including labor and materials, of the construction improvements and

excavations; and type of work proposed.

(2) Include evidence that the applicant or its contractor is not delinquent in payments due the

Town on prior work.

(3) Include evidence of all permits or licenses (including required insurance, deposits,

bonding and warranties) required to do the proposed work, if licenses or permits are required

under the laws of the United States, the State or the ordinances of the Town.

(4) Provide a satisfactory plan of work showing protection of the subject property and

adjacent properties when the Town determines such protection is necessary.

(5) Provide a satisfactory plan for the protection of shade and ornamental trees and the

restoration of turf when the Town determines that damage may occur to such trees or turf.

(6) Include evidence that all orders issued by the Town and requiring the applicant to correct

deficiencies under previous permits have been satisfied.

(7) Include with the application engineering construction drawings or site plans for the

proposed construction, excavation or work.

(8) Include with the application a satisfactory traffic control and erosion protection plan for

the proposed construction, excavation or work.

(9) Pay the fees prescribed by this Article. (Ord. 97-1 §2)

Sec. 11-3-50. Permit contents.

For the benefit of the Town, each permit issued under this Section should state the right-of-way

permit number; the date of issue and expiration of the permit; the name and address of the permittee;

the name and address of the developer, contractor or subcontractor licensed to perform work under

the permit; the location, nature and purpose of the proposed construction, excavation or work

permitted; any conditions of approval (including but not limited to inspection, testing, certification

and provision of as-built drawings); the type of existing public infrastructure (street pavement, curb

and gutter, sidewalks or utilities) impacted by the permit; references for the engineering construction

drawings or site plans; references to any supplemental permits (wetland, floodplain development,

state highway access or utility, revocable right-of-way and water and sewer utility permits, etc.)

required; and the amount of fees and deposits paid, and bonds filed by the permittee. (Ord. 97-1 §2)

Sec. 11-3-60. Permit fee.

Before a permit is issued pursuant to this Article, the applicant shall pay to the Town a permit fee,

which shall be determined in accordance with a fee schedule adopted by the Town Council by

resolution. (Ord. 97-1 §2)

Sec. 11-3-70. Franchised utility providers.

(a) Franchised utility providers may, on or after January 1 of each year, submit one (1) annual

permit application under Section 11-3-40 above. The annual permit application shall contain all of

the information required to be submitted under Sections 11-3-50, 11-3-80 and 11-3-90 of this Article,

with the exception of the information required to be submitted by Paragraphs 11-3-50(1), (5), (7), (8)

and (9) above.

(b) If a franchised utility provider submits an annual permit application as provided in Subsection

(a) above, the franchised utility provider then needs only submit the information required by

Paragraphs 11-3-40(1), (5), (7), (8) and (9) for each construction, excavation or work project in a

calendar year that requires Town approval under this Article. (Ord. 97-1 §2)

Sec. 11-3-80. Insurance and indemnification.

(a) Prior to the granting of any permit, the Town shall require the filing of an insurance policy or

certificate with coverage as follows:

(1) The contractor shall carry a comprehensive general liability policy, including broad form

property damage, completed operations and contractual liability for limits of not less than four

hundred thousand dollars ($400,000.00) each occurrence for damages of bodily injury or death to

one (1) or more persons; and one hundred thousand dollars ($100,000.00) each occurrence for

damage to or destruction of property.

(2) Special hazards insurance coverage such as, but not limited to, property damage as a result

of explosion hazard, collapse hazard and underground property damage hazard, commonly known

as XCU, shall all be specifically added by endorsement to the liability policies required above.

(b) Whenever any person has filed with the Town evidence of insurance as required, any

additional or subsequent license holder in the employ of said initial person shall not be required to

deposit or file any additional evidence of insurance.

(c) Each permittee shall construct, maintain and operate its facilities in a manner which provides

protection against injury or damage to persons or property. The permittee for itself and its related

entities, agents, employees, subcontractors, and the agents and employees of said subcontractors, shall

save the Town harmless, defend and indemnify the Town, its successors, assigns, officers, employees,

agents and appointed and elected officials from and against all liability or damage and all claims or

demands whatsoever in nature, and reimburse the Town for all its reasonable expenses, as incurred,

arising out of the installation and operation of the permittee’s system within the streets and rights-of-
way, including but not limited to the action of the permittee, its employees, agents, contractors,

related entities, successors and assigns or the securing of and the exercise by the permittee of the

permit rights granted in the permit, including any third-party claims, administrative hearings, actions

for copyright infringement and litigation; whether or not any act or omission complained of is

authorized, allowed or prohibited by this Article. The terms of each contract awarded by the

permittee for activities pursuant to a permit shall contain indemnity provisions whereby the contractor

shall indemnify the Town to the same extent as described above. In the event the Town institutes

litigation against the permittee for a breach of the permit or for an interpretation of this Article and

the Town is the prevailing party, the permittee shall reimburse the Town for all costs related thereto,

including reasonable attorneys’ fees. The permittee shall not be obligated to hold harmless or

indemnify the Town for claims or demands to the extent that they are due solely to the gross

negligence or any intentional and/or willful acts of the Town or any of its officers, employees or

agents. (Ord. 97-1 §2; Ord. 2007-4 §1)

Sec. 11-3-90. Cash or letter of credit.

(a) Before issuance of a permit, each permittee, at its own expense, shall provide to the Town

cash or an irrevocable letter of credit in an amount equal to one hundred percent (100%) of the

Town’s estimate of the cost of restoration of the public right-of-way. The cost of restoration shall

include, without limitation, the removal of defective material, recompaction of subgrade and base

material and construction of surface improvements. The letter of credit shall continue through the

end of the three-year warranty period required by Section 11-3-100 below.

(b) The Town may waive the requirements of this Section for any owner of a single-family

residence repairing his or her driveway or sidewalk, if the owner performs the work personally and

provides satisfactory evidence to the Town that the owner is competent to perform the work.

(c) In lieu of the cash or letter of credit, any mutual water company, governmental agency or

metropolitan, water or sanitation district may provide the Town with an annual letter signed by an

appropriate company or district officer guaranteeing complete performance of the work acceptable to

the Town and the correction of any defect in the work discovered during the three-year warranty

period.

(d) Notwithstanding anything to the contrary contained in this Article, any contractor performing

work pursuant to a contract directly with the Town shall adhere to the requirements of the contract

documents. (Ord. 2003-2 §1; Ord. 2007-4 §1)

Sec. 11-3-100. Warranty.

(a) The permittee, by acceptance of the permit, expressly warrants and guarantees complete

performance of all work performed under the permit in a manner acceptable to the Town for a period

of three (3) years after the date of acceptance of the work by the Town. During the warranty period,

the permittee agrees to maintain upon demand and to make all necessary repairs, including those

caused by:

(1) Defects in workmanship.

(2) Settling of fills or excavations.

(3) Any unauthorized deviations from the approved plans and specifications.

(4) Failure to barricade.

(5) Failure to clean up during or after performance of the work.

(6) Any other violation of this Chapter or other applicable law, ordinance or regulation.

(b) The warranty period shall commence on the date of the Town’s acceptance of the work. If

repairs are required during the warranty period, those repairs need only be warranted until the end of

the initial three-year warranty period.

(c) At any time prior to the end of the warranty period, the Town may notify the permittee of any

necessary repairs. If the Town determines that there is imminent danger to the public health, safety

and welfare, the repairs shall be completed within twenty-four (24) hours of notice. Nonemergency

repairs shall be completed within thirty (30) days of notice. (Ord. 2003-2 §2)

Sec. 11-3-110. Inspections.

Two (2) inspections shall take place. First, the permittee shall notify the Town immediately after

completion of work operations, and acceptance will be made if all work meets Town and permit

standards. Second, approximately thirty (30) days prior to the expiration of the two-year guarantee,

the Town shall perform an additional inspection of the completed work. If the work is still

satisfactory, the cash or letter of credit for individual permit holders shall be returned, less any

amounts needed to complete work not done by the permittee. (Ord. 97-1 §2)

Sec. 11-3-120. Public safety and nuisance.

A person who obtains a permit for construction, excavation or work in the public right-of-way

shall maintain a safe work area, free of nuisance conditions. The Town may make any repair

necessary to eliminate any hazards, nuisances or work not performed as directed. Any such work

performed by the Town shall be completed and billed to the permittee at overtime rates. The

permittee shall pay all such charges within thirty (30) days of the statement date. If the permittee fails

to pay such charges within the prescribed time period, the Town may, in addition to taking other

collection remedies, seek reimbursement through the cash or letter of credit provided pursuant to

Section 11-3-90 of this Article. Furthermore, the permittee shall be barred from performing any work

in the public right-of-way, and under no circumstances will the Town issue any further permits of any

kind to said permittee until such time that all outstanding charges have been paid in full. (Ord. 2003-

2 §3)

Sec. 11-3-130. Time of completion.

All work covered by the permit shall be completed by the date stated on the application. Permits

shall be void if work has not commenced six (6) months after issuance. Letters of credit or cash

deposited as a performance/ warranty guarantee for individual permits will be returned after voiding

of the permit. (Ord. 2007-4 §1)

Sec. 11-3-140. Traffic control.

(a) When it is necessary to obstruct traffic, a detour plan shall be submitted to the Town prior to

starting construction. No permit will be issued until the plan is approved by the Town. No permittee

shall interrupt access to and from private property, block emergency vehicles, block access to fire

hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures or any

other vital equipment, unless permission is obtained in writing from the owner of that facility,

equipment or property. If a street closing is desired, the applicant will request the assistance and

obtain approval of the Town. It shall be the responsibility of the permittee to notify and coordinate all

work in the public way with police, fire, ambulance and transit organizations.

(b) When necessary for public safety, the permittee shall employ flag persons whose duties shall

be to control traffic around or through the construction site. The use of flag persons may be required

by the Town.

(c) Unless approved by the Town, the permittee shall not impede rush hour traffic on arterial or

collector streets during the morning or evening rush hours. No construction shall be performed nor

shall any traffic lane be closed to traffic during the hours of 7:00 a.m. to 9:00 a.m. or 3:30 p.m. to

6:00 p.m. without the approval of the Town.

(d) Traffic control devices, as defined in Part VI of the Manual on Uniform Traffic Control

Devices, must be used whenever it is necessary to close a traffic lane or sidewalk. Traffic control

devices are to be supplied by the permittee. If used at night, they must be reflectorized and must be

illuminated or have barricade warning lights. Oil flares or kerosene lanterns are not allowed as means

of illumination.

(e) Part VI of the Manual on Uniform Traffic Control Devices shall be used as a guide for all

maintenance and construction signing. The permittee shall illustrate on the permit the warning and

control devices proposed for use. At the direction of the Town, such warning and control devices

shall be increased, decreased or modified. (Ord. 2007-4 §1)

Sec. 11-3-150. Minimizing the impacts of work in the rights-of-way.

(a) Relocation and protection of utilities. Before any permittee begins excavation in any public

way, he or she shall contact the Utility Notification Center of Colorado and make inquiries of all ditch

companies, utility companies, districts, municipal departments and all other agencies that might have

facilities in the area of work to determine possible conflicts. The permittee shall contact the Utility

Notification Center of Colorado and request field locations of all facilities in the area at least forty-

eight (48) hours in advance. Field locations shall be marked prior to commencing work. The

permittee shall support and protect all pipes, conduits, poles, wires or other apparatus which may be

affected by the work from damage during construction or settlement of trenches subsequent to

construction.

(b) Noise, dust, debris, hours of work. Each permittee shall conduct work in such manner as to

avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring

property. In the performance of the work, the permittee shall take appropriate measures to reduce

noise, dust and unsightly debris. No work shall be done between the hours of 8:00 p.m. and 7:00 a.m.

nor at any time on Sunday, except with the written permission of the Town, or in case of an

emergency.

(c) Trash and construction materials. Each permittee shall maintain the work site so that:

(1) Trash and construction materials are contained so that they are not blown off of the

construction site.

(2) Trash is removed from a construction site often enough so that it does not become a

health, fire or safety hazard.

(3) Trash dumpsters and storage or construction trailers are not placed in the right-of-way

without specific approval of the Town.

(d) Deposit of dirt and material on roadways. Each permittee shall comply with the requirements

to eliminate the tracking of mud or debris upon any street or sidewalk as prescribed by the Town.

Equipment and trucks used during construction, excavation or work activity shall be cleaned of mud

and debris prior to leaving any work site.

(e) Protection of trees and landscaping. Each permittee shall protect trees, landscape and

landscape features as required by the Town. All protective measures shall be provided at the expense

of the permittee.

(f) Protection of paved surfaces from equipment damage. Backhoe equipment outriggers shall

be fitted with rubber pads whenever outriggers are placed on any paved surface. Tracked vehicles

with grousers are not permitted on paved surfaces, unless specific precautions are taken to protect the

surface. The permittee will be responsible for any damage caused to the pavement by the operation

of such equipment and, upon order of the Town, shall repair such surfaces. Failure to do so will

result in the use of the applicant’s performance/warranty guarantee by the Town to repair any damage.

(g) Protection of property. Each permittee shall protect from injury any adjoining property by

providing adequate support and taking other necessary measures. The permittee shall, at his or her

own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged

during the work and shall be responsible for all damage to public or private property resulting from

failure to properly protect and carry out work in the public way.

(h) Clean up. As the work progresses, all public rights-of-way and private property shall be

thoroughly cleaned of all rubbish, excess dirt, rock and other debris. All cleanup operations shall be

done at the expense of the permittee.

(i) Preservation of monuments. Each permittee shall not disturb any surface monuments or

survey hubs and points found on the line of work unless approval is obtained from the Town. Any

monuments, hubs and points disturbed will be replaced by a Colorado registered land surveyor at the

permittee’s expense.

(j) Parking. Each permittee shall make provisions for employee and construction vehicle

parking so that neighborhood parking adjacent to a work site is not impacted.

(k) Unobstructed walkway. Each permittee shall maintain an adequate and safe unobstructed

walkway around a construction site or blocked sidewalk in conformance with Town regulations.

(l) Snow and ice. Each permittee shall clear all snow and ice hazards from public sidewalks at

the work site by noon following a snowfall, in conformance with Town regulations. (Ord. 2007-4 §1)

Sec. 11-3-160. Standards for repairs.

(a) The permittee shall be fully responsible for the cost and actual performance of all work in the

public way. The permittee shall do all work in conformance with any and all engineering regulations,

construction specifications and design standards adopted by the Town. These standards shall apply to

all work in the public way unless otherwise indicated in the permit.

(b) All restoration shall result in a work site condition equal to or better than that which existed

prior to construction.

(c) Arterial streets, collector streets or concrete local roads shall be subject to the following

minimum requirements:

(1) If a utility trench crosses an arterial, collector or concrete local road, no open roadway cuts

shall be allowed.

(2) Crossings of an arterial, collector or concrete local road shall be accomplished by jacking

or boring, and the cables, conduit or pipes shall be encased in sleeves or casing pipe.

(3) With the written permission of the Town, open street cuts on asphalt roads may be

permitted. The details of the open cut, including the backfill process and traffic control, shall be

agreed to by the Town prior to commencement of the work. Such street cuts under local roads or

under gravel roads shall be filled with flowable fill of a Class C concrete.

(4) Flowable fill shall be placed in the trench against undisturbed material at both sides and at

the bottom of the trench in a manner that shall prevent floating or shifting of the pipe and voids in,

or segregation of, the concrete.

(5) Foreign material that falls into the trench prior to or during the placing of the concrete

shall be removed immediately.

(6) If necessary, earth plugs shall be constructed and compacted at the ends of the planned

concrete backfill to contain the concrete within the trench.

(7) Existing pavement shall be cut on all sides of the trench.

(8) The entire excavation shall be tack coated with CSS-1h emulsified asphalt diluted with

one (1) part water; a six-inch or existing pavement thickness (whichever is greater) asphalt

concrete patch, meeting the requirements of hot bituminous pavement, Grade E, shall be placed in

lifts not to exceed three (3) inches and then compacted.

(9) The Town, in its sole discretion, may determine that a thicker patch than that specified

above is required.

(10) Saw cuts that extend beyond the patch into existing asphalt shall be seated.

(11) Steel traffic plates may be required for traffic loads over utility trenches when conditions

do not allow quick set to concrete flowfill; the determination of the necessity of traffic plates shall

be determined at the time the permit required under this Article is obtained.

(d) Concrete roads, sidewalks, driveways, curbs and gutters and other structures shall be subject

to the following minimum requirements:

(1) In addition to the provisions of this Subsection (d), any excavation that cuts a sidewalk,

driveway, curb and gutter or other structure shall be backfilled in the same manner as described

for the backfilling of arterial, collector or concrete local roads.

(2) A neat saw cut shall be made one (1) foot back from each side of the excavation; however,

on sidewalks the pavement shall be removed back to the nearest contraction or expansion joint.

(3) All broken or spalled concrete or structure material shall be removed and the surface shall

be replaced using concrete in accordance with the design standards.

(4) All concrete road surface cuts, if granted by special permission of the Town, shall be full

panel (or stone) replacement; the replacement panel shall be doweled to adjoining panels with

three-quarter-inch-by-eighteen-inch epoxy-coated steel reinforcing bars on twelve-inch centers.

(5) Portland cement concrete shall be placed to a thickness of six (6) inches or the thickness of

the removed pavement, whichever is greater.

(6) Steel traffic plates may be required for traffic loads over utility trenches when conditions

do not allow quick set to concrete flowfill; the determination of the necessity of traffic plates shall

be determined at the time the permit required under this Article is obtained.

(e) Gravel roads and shoulders shall be subject to the following minimum requirements:

(1) Where the original surface was crushed rock or gravel for the wearing surface and

foundation material, Class 6 aggregate base course shall be used as replacement material.

(2) The Class 6 aggregate base course shall be placed to a compacted thickness minimum of

eight (8) inches or the thickness of the removed material plus two (2) inches, whichever is greater.

(3) In the area from the right-of-way line to the edge of the pavement, all trenches shall be

backfilled with excavated material and compacted to ninety-five percent (95%) standard

compaction, or to the density of the existing ground, whichever is greater.

(f) In addition to the provisions of Section 11-3-100 of this Article, it is hereby specified that

settlement of backfill or replaced pavement over trenches within a two-year period commencing from

the date of completion of the work shall be considered the result of improper or inadequate

compaction. Deficiencies shall include, but will not be limited to, pavement, vegetation or structures

damaged by settlement. (Ord. 2007-4 §1)

Sec. 11-3-170. Construction and restoration standards for newly constructed or overlaid

(a) No person shall excavate an area in the pavement of any public street or alley for a period of

three (3) years from the completion of construction or resurfacing, except in compliance with the

provisions of this Section.

(b) Application. Any application for a permit to excavate in a public street or alley, subject to the

requirements of this Section, shall contain the following information:

(1) A detailed and dimensional engineering plan that identifies and accurately represents the

Town blocks, rights-of-way or property that will be impacted by the proposed excavation, as well

as the side streets at the ends of the Town blocks. The following information shall also be

included on the plan.

(2) The street width or alley width, including curb and gutter over the total length of each

Town block, that will be impacted by the proposed excavation.

(3) The location, width, length and depth of the proposed excavation.

(4) The total area of existing street or alley pavement in each individual Town block that will

be impacted by the proposed excavation.

(5) A written statement addressing the criteria for approval.

(c) Criteria for approval. No permit for excavation in the right-of-way of new streets shall be

approved unless the Town finds that all of the following criteria have been met:

(1) Boring or jacking under the pavement is not practical due to physical characteristics of the

street or alley or other utility conflicts.

(2) Alternative utility alignments that do not involve excavating the street or alley found to be

impracticable.

(3) The proposed excavation cannot reasonably be delayed until after the three-year deferment

period has lapsed.

(d) Exemptions for emergency operations. Emergency maintenance operations shall be limited

to circumstances involving the preservation of life, property or the restoration of customer utility

service. Persons with prior authorization from the Town to perform emergency maintenance

operations within the public right-of-way shall be exempted from this Section. Any person

commencing operations under the laws of this Section shall submit detailed engineering plans and

streets.

remediation plans no later than five (5) working days after initiating the emergency maintenance

operation.

(e) Construction and restoration standards for newly constructed or overlaid streets and alleys.

The streets shall be repaired so as to not reduce the useful life of the pavement in accordance with

design and construction standards adopted by the Town. If the total area of the proposed excavation

exceeds fifteen percent (15%) of the total area of pavement within a block or involves a trench in

excess of one hundred fifty (150) feet in length, the applicant shall remediate the damage caused to

the pavement. Remediation will consist of a curb-to-curb profile and overlay, a centerline-to-curb

profile and overlay or a lane line-to-curb profile and overlay, whichever is necessary, in order not to

decrease the average life expectancy of the street or alley surface. (Ord. 97-1 §2)

Sec. 11-3-180. Relocation of facilities.

If at any time the Town requests the permittee to relocate its facilities in order to allow the Town

to make any public use of streets or rights-of-way, or if at any time it shall become necessary because

of a change in the grade or for any other purpose by reason of the improving, repairing, constructing

or maintaining of any street or right-of-way, or by reason of traffic conditions, public safety or by

reason of installation of any type of structure or public improvement by the Town or other public

agency or special district, and any general program for the undergrounding of such facilities, to move

or change the permittee’s facilities within or adjacent to streets or rights-of-way in any manner, either

temporarily or permanently, the Town shall notify the permittee, at least ninety (90) days in advance,

except in the case of emergencies, of the Town’s intention to perform or have such work performed.

The permittee shall thereupon, at its sole cost and expense, accomplish the necessary relocation,

removal or change within a reasonable time from the date of the notification, but in no event later

than three (3) working days prior to the date the Town has notified the permittee that it intends to

commence its work or immediately in the case of emergencies. Upon the permittee’s failure to

accomplish such work, the Town or other public agencies or special district may perform such work

at the permittee’s expense, and the permittee shall reimburse the Town or other agency within thirty

(30) days after receipt of a written invoice. Following relocation, all affected property shall be

restored to, at a minimum, the condition which existed prior to construction by the permittee at the

permittee’s expense. (Ord. 97-1 §2)

Sec. 11-3-190. Location of underground facilities.

The applicant for any permit required by this Chapter shall comply with the notification provisions

and requirements of Section 9-1.5-101, et seq., C.R.S., and shall inquire of all utility companies as to

the location of underground facilities which might be affected by the proposed excavation in the

public right-of-way. (Ord. 97-1 §2)

Sec. 11-3-200. Emergency procedures.

Any person maintaining facilities in the public way may proceed with repairs upon existing

facilities without a permit when emergency circumstances demand that the work be done

immediately. Emergency work is defined to mean any work necessary to restore water, sewer, gas,

phone, electric and cable facilities. Repairs on other facilities in the public way may also be

administratively classified as emergency by the Town. The person doing the work shall apply to the

Town for a permit on the first working day after such work has commenced. All emergency work

will require prior telephone notification to the Police Department and appropriate fire protection

agencies. (Ord. 97-1 §2)

Sec. 11-3-210. Revocation of permits.

(a) Any permit may be revoked or suspended by the Town, after notice to the permittee for:

(1) Violation of any condition of the permit or of any provision of this Article.

(2) Violation of any provision of any other ordinance of the Town or state law relating to the

work.

(3) Existence of any condition or performance of any act which does constitute or cause a

condition endangering life or damage to property.

(4) Any unauthorized deviations from the approved plans and specifications.

(b) A suspension or revocation and a stop work order shall take effect immediately upon notice

to the person performing the work in the public way.

(c) A stop work order may be issued by the Town, including the Police Department, to any

person doing or causing any work to be done in the public way without a permit, or in violation of

any provision of this Article or any other ordinance of the Town.

(d) Any suspension, revocation or stop work order may be appealed by the permittee to the Town

by filing a written notice of appeal within ten (10) days of the action. (Ord. 97-1 §2)

Sec. 11-3-220. Appeals procedure.

Any decision rendered by the Director of Public Works may be appealed within thirty (30) days

by the permittee to the Town Council. (Ord. 97-1 §2)

Sec. 11-3-230. Penalty.

If any person, firm or corporation, including but not limited to the officers and agents of a

corporation responsible for its actions or inaction, and the partners of a partnership, firm or joint

venture, shall violate or cause the violation of any of the provisions of this Article, they shall be guilty

of a separate offense for each and every day or portion thereof during which a violation is committed,

continues or is permitted and, upon conviction of any such violation, such person, firm or corporation,

including but not limited to such partners, officers or agents, shall be punished as provided in Section

1-6-20 of this Code for each such violation. (Ord. 97-1 §2)

ARTICLE 4

Parks Regulations

Sec. 11-4-10. Definitions.

As used in this Article:

Law enforcement officers mean all authorized officers of the Police Department.

Park lands mean all public recreation lands or facilities owned, leased or operated by the

Town. (Ord. 2007-4 §1)

Sec. 11-4-20. Closed areas.

It is unlawful to enter, use or occupy any park lands, or any portion thereof, during the time such

park lands, or any portions thereof, are closed to entry, use or occupancy. (Ord. 2007-4 §1)

Sec. 11-4-30. Vandalism.

It is unlawful to remove, destroy, mutilate, deface or damage any real or personal property which

includes, but is not limited to, any structure, poster, sign, marker, rock or any object of

archaeological, geological or historical value or interest located on park lands. (Ord. 2007-4 §1)

Sec. 11-4-40. Litter.

(a) It is unlawful to deposit or leave any refuse, trash or litter in or upon any park lands, except

by depositing such refuse, trash or litter in designated refuse receptacles.

(b) It is unlawful to leave any household or commercial garbage or trash on park lands. Refuse

or rubbish generated on the site or in connection with the use of park lands must be removed or

deposited in designated receptacles. (Ord. 2007-4 §1)

Sec. 11-4-50. Glass containers.

No food or beverages, in any type of glass bottles or other glass containers may be taken onto or

possessed upon any park lands. (Ord. 92-16; Ord. 2007-4 §1)

Sec. 11-4-60. Fires.

(a) It is unlawful to build, start or light any fire of any nature on any park lands, except in

outdoor fireplace grills or camp stoves located within designated areas by the Town.

(b) It is unlawful to burn any material in a careless manner, or to leave any fire unattended or to

fail to completely extinguish any fire, on any park lands. (Ord. 2007-4 §1)

Sec. 11-4-70. Hunting.

It is unlawful on any park lands to hunt, trap, catch, molest, harm, kill or chase any wild animals

or birds, or to molest their habitat. (Ord. 2007-4 §1)

Sec. 11-4-80. Discharge of firearms.

It is unlawful to be in possession of, or discharge or use, fireworks, explosives, firearms, B-B

guns, pellet guns, air guns, crossbows, long bows or sling shots while upon any park lands, except in

designated areas when authorized in writing by the Town or by law enforcement officers on official

duty. (Ord. 2007-4 §1)

Sec. 11-4-90. Use of motorized vehicles.

(a) It is unlawful to operate any motorized vehicle on any park lands, except on designated

roadways which are open to public use.

(b) It is unlawful for any unauthorized person to operate a motorized vehicle upon any roadway

located upon any park land which is designated as a “service road.” (Ord. 2007-4 §1)

Sec. 11-4-100. Parking.

It is unlawful to park vehicles or trailers on park lands where prohibited or in such a manner as to

create a hazard to vehicular, pedestrian, equestrian or bicycle traffic. (Ord. 2007-4 §1)

Sec. 11-4-110. Curfew.

It is unlawful to enter, use or occupy park lands between the hours of 9:00 p.m. and 6:00 a.m.,

except when such entry, use or occupancy is authorized in writing by the Town. (Ord. 92-16; Ord.

2007-4 §1)

Sec. 11-4-120. Livestock.

(a) It is unlawful to molest, harm or chase any livestock upon any park lands.

(b) It is unlawful to turn livestock onto or to negligently or intentionally allow livestock to graze

upon any park lands without written permission from the Town. (Ord. 2007-4 §1)

Sec. 11-4-130. Swimming.

It is unlawful to swim or wade in, or float upon by the use of any boat or other flotation device on,

any waters within park lands unless authorized in writing by the Town. (Ord. 2007-4 §1)

Sec. 11-4-140. Hazardous activity.

(a) It is unlawful for any person to engage in any activity on any park lands which constitutes a

hazard to the safety of the other persons, except in areas where such activity is specifically authorized

by the Town.

(b) It is unlawful for any person to engage in any activity on park lands which unduly interferes

with the health, safety and welfare of the users or neighbors in the area or creates a nuisance or hazard

to the use and safety of persons using or neighboring such areas. (Ord. 2007-4 §1)

Sec. 11-4-150. Reservations for park use.

(a) Any person or group wanting to reserve the use of any park land shall make said request, in

writing, to the Town Clerk not less than five (5) days in advance of the time such reservation is being

requested. Upon receiving a request for a reservation, the Town Clerk shall verify that said requested

use is for lawful purposes and that no other reservation permits have been issued for the same time

period prior to the issuance of any reservation permit. If the Town Clerk determines that such request

for reserved use of any park land is for lawful purposes and that no other reservation permits have

been previously issued for the same time period, the Town Clerk shall issue a reservation permit. The

amount of any fees charged for any reservation permit for the use of any park land shall be

determined and set by the Town Council. If so directed by the Town Council, the Town Clerk may

charge a refundable deposit for a Reservation permit, and said deposit shall be used to cover the costs

to the Town for any cleanup or repair to any park land which was caused by the users of said permit,

with the amounts of any such deposits to be set by the Town Council.

(b) Any person or group receiving a reservation permit from the Town Clerk shall be responsible

for the conduct of all persons using a park land and who are accompanying the person, or group, that

received the reservation permit. The person or group receiving a reservation permit shall also be

responsible for removing and properly disposing of all litter left by that person or group and shall also

be responsible for any damages, either intentional or unintentional, by the person or group receiving a

reservation permit.

(c) Any person or group receiving a reservation permit from the Town Clerk shall be required to

have that permit in the possession of the person or group using the park land during the times

specified in the permit, and shall be required to produce the permit for inspection upon demand of any

Town employee.

(d) The obtaining of a reservation permit shall not prohibit the use of a park land by others, with

the exception of certain areas of a park which are specifically listed on the reservation permit.

(e) If a person or group has obtained a reservation permit from the Town Clerk and that person,

group or persons accompanying that person or group are found to be in violation of or are violating

any state statutes or Town ordinances during the time period of the reservation permit, the Police

Department is hereby authorized to immediately revoke said reservation permit. If the Police

Department revokes a reservation permit for any park land, a hearing will be held before the Town

Council at its next regular meeting to determine if there was just cause for the revocation and to

determine if any fees or deposits should be returned to the person or group that had originally

obtained the reservation permit. (Ord. 92-16; Ord. 2007-4 §1)

Sec. 11-4-160. Commercial activity.

It is unlawful to conduct any commercial activity or provide any service, product or activity for

which a fee is charged, on any park lands, except when such activity is authorized in writing by the

Town. (Ord. 2007-4 §1)

Sec. 11-4-170. Juveniles.

No juvenile who is five (5) years of age or less shall enter or remain upon any park land unless

said juvenile is accompanied and supervised by an adult. No adult shall leave any juvenile in their

care that is five (5) years of’ age or less in any park land unless said juvenile is accompanied and

supervised by an adult. (Ord. 92-16; Ord. 2007-4 §1)

Sec. 11-4-180. Control of domestic animals.

Dogs, cats and other domestic animals must be restrained by a leash, cord or rope. An owner or

person having control of any dog or other animal shall not permit such dog or any other animal from

defecating on maintained park lands, unless such defecation is removed immediately. (Ord. 2007-4

Sec. 11-4-190. Speed limits.

The speed limit on all roadways and parking areas within park lands is fifteen (15) miles per hour.

(Ord. 2007-4 §1)

Sec. 11-4-200. Alcohol.

It is unlawful for any person to possess or consume alcoholic beverages on park lands, except in

compliance with a special permit issued by the Town. (Ord. 2007-4 §1)

Sec. 11-4-210. Town employees.

These regulations shall neither apply to nor prohibit any act by an officer or employee of the Town

who is engaged in the performance of any act within the scope of his or her employment. (Ord. 2007-

4 §1)

 

Appendix 11-A

Construction Standards