Chapter 30 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES

ARTICLE I. - IN GENERAL#

Sec. 30-1. - Approval for new streets.#

It is unlawful for any person to open a new street within the town without first obtaining the approval of the town's planning commission.

(Code 1995, § 12.04.010; Code 2006, § 94.01; Ord. of 3-16-1995)

Sec. 30-2. - Street and roadway acceptance.#

No street or roadway shall be accepted until it has been paved or has had its surface treated in a manner acceptable to the town. Before acceptance, all roadways or street rights-of-way must be deeded to the town in a width of 60 feet.

(Code 1995, § 12.04.020; Code 2006, § 94.02)

Sec. 30-3. - Repair of fences.#

All owners of lands or lots of lands within the corporate limits of the town shall keep in good repair the fences on the same that are adjacent to any street or alley, and all dilapidated fences adjacent to the streets or alleys are declared a nuisance and may be removed under the direction of the chief of police by order of the council, and the owner shall be billed for any costs of removal incurred by the town. The fences should comply with the town zoning ordinance as well.

(Code 1995, § 12.04.030; Code 2006, § 94.03)

Sec. 30-4. - Street names.#

No person shall name any street or change the name of any street without the approval of the planning commission and the town council.

(Code 1995, § 12.04.040; Code 2006, § 94.04; Ord. of 3-16-1995; Ord. No. 08-2009, 6-4-2009)

Secs. 30-5—30-26. - Reserved.#

ARTICLE II. - EXCAVATIONS AND OBSTRUCTIONS#

Sec. 30-27. - Permit required for excavations.#

It is unlawful for any person to dig up, mutilate or make an excavation in any paved or clayed street or sidewalk for any purpose without prior approval of the state department of highways and public transportation.

(Code 1995, § 12.08.010; Code 2006, § 94.20)

Sec. 30-28. - Danger signals required for excavations; removal.#

(a)

Danger signals. It is unlawful for any person to allow any trench, ditch or excavation in any street, sidewalk or public place to remain open between sunset and sunrise, unless the trench, ditch or excavation has a sufficient number of lights as danger signals properly displayed around it to prevent accidents to persons or property.

(b)

Removal of danger signals. It is unlawful for any person to remove or extinguish any light which may be placed as a signal at night to warn persons of danger from ditches, trenches, building materials, scaffolds, excavations, impediments or obstacles of any description whatsoever.

(Code 1995, §§ 12.08.020, 12.08.030; Code 2006, § 94.21)

Sec. 30-29. - Obstructions prohibited.#

It is unlawful for any person to place any obstruction upon or cause to be obstructed in any manner any street, sidewalk or public way or part thereof so as to render the passage of persons, vehicles or other travel thereon difficult, inconvenient, dangerous or impossible except as otherwise provided in this chapter; provided that this section shall not apply to any employee of the town, county or state while the employee is immediately and actively engaged in the maintenance, improvement or construction of any street, sidewalk or public way in the town.

(Code 1995, § 12.08.040; Code 2006, § 94.22)

Secs. 30-30—30-46. - Reserved.#

ARTICLE III. - PARADES#

Sec. 30-47. - Permit required; compliance with regulations.#

No parade, excepting one by the forces of the United States Army or Navy, the military forces of the state, and the forces of the police and fire departments, shall occupy, mark or proceed along any street except in accordance with a permit issued by the chief of police, upon written application made not less than 24 hours prior to the time of the parade and such other regulations as are set forth in this chapter which may apply.

(Code 1995, § 12.12.010; Code 2006, § 94.35)

Sec. 30-48. - Permit application.#

(a)

A person seeking issuance of a parade permit shall file an application with the chief of police on forms provided by that officer.

(b)

An application for a parade permit shall be filed with the chief of police not less than two days, nor more than ten days, before the date on which it is proposed to conduct the parade.

(c)

The application for a parade permit shall set forth the following information:

(1)

The name, address and telephone number of the person seeking to conduct the parade;

(2)

If the parade is on behalf of, for or by an organization, the name, address, telephone number and the authorized and responsible heads of the organization;

(3)

The name, address and telephone number of the person who will be responsible for the conduct of the parade;

(4)

If the parade is to be held on behalf of or for any person other than the applicant, then the applicant for the permit shall file with the chief of police a written authorization empowering him to make the application, the authorization to be signed by the person for whom the permit is sought;

(5)

The date of the parade, the route, the approximate number of persons participating, the time, the composition and the interval of space to be maintained between units of the parade;

as well as any additional information which the chief of police shall find reasonably necessary to a fair determination as to whether a permit should issue.

(Code 1995, § 12.12.020; Code 2006, § 94.36)

Sec. 30-49. - Chief of police may waive late application.#

The chief of police, where good cause is shown therefor, shall have the authority to consider any application which is filed less than the prescribed minimum time stated in section 30-48.

(Code 1995, § 12.12.030; Code 2006, § 94.37)

Sec. 30-50. - Action on application; appeal.#

The chief of police shall act upon the application properly made to him within one day after the filing thereof, and if he disapproves the application, he shall, within two days after the date upon which the application was filed, give notice of his action, stating reasons for denial. Any person aggrieved by the denial shall have a right of appeal to the council, which appeal shall be taken within five days after notice of rejection and which appeal shall state, in writing, the grounds upon which the appeal is taken. The council shall act upon the appeal within 15 days after receipt of notice and shall be empowered to fix a time and place for a public or executive hearing thereon. It shall be the responsibility of an applicant for a permit to call at the office of the chief of police to determine whether or not the application has been rejected or granted, and any or further notices contemplated herein shall be given to the applicant at the address indicated in the application.

(Code 1995, § 12.12.040; Code 2006, § 94.38)

Sec. 30-51. - Standards for permit issuance.#

(a)

In deciding whether to issue a permit, the chief of police or designee shall consider:

(1)

The number of persons to participate;

(2)

The anticipated traffic conditions at the time and date proposed for the activity;

(3)

The schedule of other similar activities for which permits may have been issued;

(4)

The adequacy of adult supervision for any minor scheduled to participate;

(5)

The availability of town personnel whose presence on-duty may be required by the activity and by the necessity to protect the general public; and

(6)

The adequacy of public facilities in the location proposed for the activity to accommodate the proposed activity and the normal public use of public facilities in the proposed location.

(b)

The chief of police shall issue a permit as provided for in this chapter upon payment of the prescribed fee.

(Code 1995, § 12.12.050; Code 2006, § 94.39)

Sec. 30-52. - Permit approval.#

The permit by the chief of police shall be approved by the mayor or town administrator, or in their absence, the clerk-treasurer.

(Code 1995, § 12.12.060; Code 2006, § 94.40)

Sec. 30-53. - Permit contents; revocation.#

The permit issued pursuant to this chapter shall indicate the starting time, the route, speed, space intervals, or any other information which the chief of police shall find necessary for the enforcement of this chapter. This permit must be in the possession of the parade chairperson or other person heading or leading the parade, and the terms and conditions of the permit must be observed. Failure to meet these requirements entitles the chief of police to revoke the permit, and he shall likewise be entitled to revoke the permit in the event that the allowed parade should provoke demonstration, congestion, undue noise or threaten to bring about a public disturbance or breach of the peace.

(Code 1995, § 12.12.070; Code 2006, § 94.41)

Sec. 30-54. - Conduct during parades.#

No person shall block the progression of any parade, nor shall the driver of any vehicle drive between or across the path of the vehicles or persons comprising the parade while they are in the course of conducting the parade. The chief of police shall have the authority to prohibit or restrict parking along the parade route, or adjacent thereto, and to take steps as may be necessary to clear parked vehicles, or otherwise to provide an open route for the parade as to the chief of police may seem reasonably requisite and necessary.

(Code 1995, § 12.12.080; Code 2006, § 94.42)

Sec. 30-55. - Funeral, procession or parade containing 200 or more persons; permits.#

No funeral, procession or parade containing 200 or more persons or 50 or more vehicles, excepting the forces of the United States Army or Navy, the military of the state and forces of the police and fire departments, shall occupy, march or proceed along any street except in accordance with a permit issued by the chief of police and such other regulations as are applicable to processions and parades.

(Code 1995, § 12.12.090; Code 2006, § 94.43)

Sec. 30-56. - Parade fees.#

The parade fee within the corporate limits of the town is hereby established as $1,000.00 per parade. This fee is due and payable with the application for the parade permit. This fee is based on the need for additional police officers to provide proper traffic control for each parade. The chief of police is hereby delegated the authority to increase or decrease this fee, in $100.00 increments, if more or fewer police officers are required for any particular parade. This fee will not be charged for the annual town Christmas parade or the annual Gopher Hill parade, as these are town events.

(Ord. No. 03-2011, 8-4-2011)