§ 20-41. Encroachments generally.

(a)

This article shall be applicable to all public sidewalks within the town. All sidewalks within the express or implied right-of-way of public roadways shall presumptively be considered public sidewalks. All sidewalks previously constructed by, or dedicated for public use to the town shall presumptively be considered public sidewalks and the area upon which they are constructed shall be subject to such easement and right-of-way as shall be sufficient for the town to repair, construct, and replace such sidewalk.

(b)

Any area lying between public roadways and public sidewalks shall be deemed to be within the sidewalk easement and right-of-way and subject to the provisions of this article.

(c)

Structures, merchandise, equipment, or other objects.

(1)

Except as may be specifically otherwise provided in this article, no structures, merchandise, equipment, or other objects of any kind may be placed on or upon public sidewalks or trailways except as specifically permitted by the town as set forth in a duly executed encroachment agreement.

(2)

Where designated trailways are not also a part of the town's sidewalk system, encroachment of any type not associated with an event sponsored, conducted and/or permitted by the town is prohibited.

(3)

Such prohibition shall not apply to loading, unloading, moving, or transportation of such merchandise, equipment, or other objects in accordance with the provisions of chapter 20.

(4)

This prohibition shall not apply to solid waste garbage cans and recycling containers approved or issued by the town and placed in accordance with the provisions of chapter 18. This prohibition shall also not apply to tree trimmings, grass, leaves, and similar materials when placed on or near public sidewalks in accordance with this Code or other policies adopted by the town.

(d)

Violations of any provision of this section shall constitute a Class 4 misdemeanor. Each day of violation shall constitute a separate offense.

(Comp. Ords., § 28.2; Ord. of 8-6-2009)

(Comp. Ords., § 28.2; Ord. of 8-6-2009)