TOWN OF GRAND ISLE ORDINANCES AND POLICIES
as adopted and amended
Effective May 31, 2001
Town of Grand Isle Policies & Ordinances
Table of Contents:
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Motor Vehicle and Traffic Regulation Ordinance
Ordinance for the Acceptance of Highways
Policy of Street Numbering and Naming
Ordinance Regulating the Collection and Disposal of Solid Waste
Ordinance Regulating Conduct in Town Recreation Areas
Policy on Maintenance of Class 4 Highways
Ordinance for the Care and Control of Domestic Pets
Ordinance for Removal and Disposal of Dead Undomesticated Animals
TOWN OF GRAND ISLE
DOGS [AND WOLF HYBRIDS]
SECTION 1. AUTHORITY. This ordinance is adopted by the selectboard of the Town of Grand Isle under authority of 20 V.S.A. § 3549, 24 V.S.A. §§ 2291 (10) and 2291 (14 & 15), and 24 V.S.A. Chapter 59.
SECTION 2. PURPOSE. It is the purpose of this ordinance to regulate the keeping of dogs [and wolf hybrids], to protect public health and safety and to protect the residents’ quiet enjoyment of their homes and properties.
SECTION 3. DEFINITIONS. For purposes of this ordinance, the following words and/or phrases shall apply:
A. “Dog” means any member of the canine species;
B. “Wolf hybrid” means:
1. An animal that is the progeny of a dog and a wolf (Canis lupus or Canis rufus);
2. An animal that is advertised or otherwise described or represented to be a wolf hybrid; or
3. An animal that exhibits primary physical and/or behavioral wolf characteristics.]
C. “Vicious dog (or wolf hybrid)” means a dog (or wolf hybrid) that attacks any person or causes any person to reasonably fear attack or bodily injury from such animal, unless the person is trespassing on the property of the owner of the animal. The term shall also mean any animal that, while running at large, attacks another domestic pet or domestic animal, as defined in 20 V.S.A. § 3541.
D. “Owner” means any person who has actual or constructive possession of a dog (or wolf hybrid).
The term also includes those persons who provide food and shelter to a dog (or wolf hybrid).
E. “Enforcing Officer” means any person appointed by the Selectboard to police and enforce this
Ordinance. An enforcing officer shall also mean the animal control officer, constable, and any
law enforcement officer.
F. “Running at large” means that a dog [or wolf hybrid] is not:
1. on a leash;
2. in a vehicle;
3. on the owner’s property;
4. on the property of another person with that person’s permission;
5. clearly under the verbal or non-verbal control of the owner; or
6. hunting with the owner.
SECTION 4. DISTURBANCES AND NUISANCES.
A. No dog [or wolf hybrid] shall run at large in the town.
B. No dog [or wolf hybrid] shall harass or attack other animals or people unless such animals or people are trespassing on the private property of the owner of the dog or wolf hybrid.
C. A female dog [or wolf hybrid] in heat shall be confined to a building or other secured enclosure, except while under the direct control of the owner.
D. No person shall own, keep or harbor a dog [or wolf hybrid] that disturbs the quiet, comfort and repose of others by frequent, habitual or persistent barking or howling.
E. No dog (or wolf hybrid) shall be allowed to damage the property of one other than its owner,
including, but not limited to, turning over garbage containers or damaging flowers or gardens.
SECTION 5. POOPER SCOOPER. The person in control of a dog [or wolf hybrid] that defecates in any public area or on the private property of another person shall immediately remove the fecal material and dispose of it in a sanitary manner.
SECTION 6. COLLAR AND LICENSE.
A. Each dog [and/or wolf hybrid] shall be licensed according to the laws of this state and shall wear a collar or harness with the current license attached. An animal that is visiting from out of state must wear a collar or harness with a current license from its home state attached.
B. A dog [or wolf hybrid] that is found without a collar or harness and license shall be immediately impounded under authority of 20 V.S.A. § 3806 and shall be managed under the provisions of that statute.
SECTION 7. HUMANE CARE OF DOGS [AND WOLF HYBRIDS]. All dogs [and wolf hybrids] shall be furnished with clean and safe facilities sufficient to protect the animal and the public health. Any dog [or wolf hybrid] determined by [the constable/police/animal control officer/humane officer] to be without such clean and safe facilities may be impounded.
SECTION 8. ENFORCEMENT. This is a civil ordinance and shall be enforced by [the constable/ police/animal control officer/humane officer] in the Vermont Judicial Bureau in accordance with 24 V.S.A. §§ 1974a et seq.
SECTION 9. ANIMAL CONTROL OFFICER DUTIES. The Selectboard shall annually appoint an Animal Control Officer whose duty it shall be to investigate complaints of animal nuisances and to enforce the provisions of this ordinance. The Selectboard shall designate the names of persons and their locations to receive animals for confinement under the terms of this ordinance.
SECTION 10. IMPOUNDMENT.
A. Any dog [or wolf hybrid] that is determined by an enforcing officer to be a vicious dog [or wolf hybrid) which presents an imminent danger to people or other animals shall be immediately impounded.
B. Any dog [or wolf hybrid] that is a public nuisance as herein defined shall be in violation of this ordinance and may be impounded.
SECTION 11. NOTICE OF IMPOUNDMENT AND RELEASE FROM IMPOUNDMENT.
A. The enforcing officer who impounds a dog [or wolf hybrid] shall, within 24 hours, give notice to the owner thereof, either personally, by telephone call, or by written notice at the last known address of the owner. Such notice shall inform the owner of the nature of the violations, the location of the dog [or wolf hybrid] and the steps that are necessary to have the animal returned to the owner.
B. If an impounded dog [or wolf hybrid] has no license or other identification, the impounding enforcement officer who impounds shall impound or confine under the provisions of 20 V.S.A. § 3806.
C. Impounded dogs [or wolf hybrid] shall be released to the owner only after payment of all penalties and impoundment fees and after remedial action by the owner. Remedial action shall include but is not limited to such actions as providing a collar and current license and providing a plan for compliance with the provisions of this ordinance and with state law.
D. Impounded dogs [or wolf hybrid] may only be released between the hours of 9am and 5 pm. Monday
through Friday, or during the weekend upon payment of an additional $20.00 fee.
SECTION 12. INVESTIGATION OF VICIOUS DOGS [or wolf hybrid]
A. When a dog [or wolf hybrid] has bitten a person while the dog [or wolf hybrid] is off the premises
of the owner or keeper, and the person bitten requires medical attention for the attack, such person may file a written complaint with the Selectboard. The complaint shall contain the time, date and place where the attack occurred, the name and address of the victim or victims, and any other facts
that may assist the Selectboard in conducting its investigation required by subsection B of this section.
B. The Selectboard, within seven days from receipt of the complaint, shall investigate the charges and
hold a hearing on the matter. If the owner of the dog [or wolf hybrid] which is the subject of the
complaint can be ascertained with due dililgence, said owner shall be provided with a written notice of
the time, date and place of hearing and the facts of the complaint.
C. If the dog [or wolf hybrid] is found to have bitten the victim without provocation, the Selectboard
Shall make such order for the protection of persons as the facts and circumstances of the case may
Require, including, without limitation, that the dog [or wolf hybrid] is disposed of in a humane way,
Muzzled, chained, or confined. The order shall be sent by certified mail, return receipt requested. A
Person who, after receiving notice, fails to comply with the terms of the order shall be subject to the
Penalties provided in 20 V.S.A. § 3550.
D. The procedures provided in this section shall only apply if the dog [or wolf hybrid] is not a rabies
Suspect. If a member of the Selectboard or an enforcing officer determines that the animal is a
Rabies suspect, the provisions of 20 V.S.A. Chapter 193, Subchapter 5 and the rules of the
Department of health shall apply.
SECTION 13. PENALTIES AND COSTS
A. First offense . . . . . . . . . . . . . . . . . . . $25.00
B. Second offense . . . . . . . . . . . . . . . . . . . $50.00
C. Third offense . . . . . . . . . . . . . . . . . . . $75.00
D. Fourth offense . . . . . . . . . . . . . . . . . . $150.00
E. Fifth and subsequent offenses . . . . . . $200.00
F. IMPOUNDMENT FEES. A dog [or wolf hybrid] impounded under the provisions of this ordinance shall be released only upon payment of a $30.00 impoundment fee. A dog [or wolf hybrid]
Impounded for a second time in any 12-month period shall be released only upon payment of a $55.00 impoundment fee. A dog [or wolf hybrid] impounded three or more times in any 12-month period shall be released only upon payment of a $105.00 impoundment fee. Impounded dogs [or wolf hybrid] may only be released during the weekend upon payment of an additional $20.00 fee.
G. BOARDING FEES/VETERINARY COSTS. In addition to the penalties and costs charged herein, there shall also be a boarding charge during which the dog [or wolf hybrid] is impounded. An additional charge shall be due if parasite testing is required. The owner of an impounded dog [or wolf hybrid] shall also be responsible for paying for any necessary emergency veterinary treatment the dog [or wolf hybrid] received while impounded.
H. The Selectboard is hereby empowered to increase the penalties and costs provided for under the provisions of this ordinance by appropriate resolution. The Selectboard may make such increases, as it deems appropriate.
SECTION 14. OTHER LAWS. This ordinance is in addition to all other Ordinances of the Town
Of Grand Isle and all applicable laws of the State of Vermont.
SECTION 15. SEVERABILITY. If any section of this ordinance is held by a court of competent jurisdiction to be invalid, such finding shall not invalidate any other part of this ordinance.
SECTION 16. EFFECTIVE DATE. This ordinance shall become effective 60 days after its adoption by the Grand Isle Selectboard. If a petition is filed under 24 V.S.A. § 1973, that statute shall govern the taking effect of this ordinance.
Anna Marie Demars, Arthur Goodrich, Ron Bushway, Rod Cameron – Dated 8/16/2004
Signatures on file
Adoption History
1. Agenda item at regular selectboard meeting held on _______8/16/04_______.
2. Read and approved at regular selectboard meeting on _______8/16/04_______ and entered in the minutes of that meeting which were approved on ____8/16/04__________.
3. Posted in public places on ____8/18/04__________.
4. Notice of adoption published in the _Islander__________ newspaper on ___8/18/04___________ with a notice of the right to petition.
5. Other actions [petitions, etc.]
ORDINANCE TO REGULATE OPEN FIRES
The Board of Selectmen of the Town of Grand Isle hereby ordain:
1. Purpose The Selectmen of the Town of Grand Isle recognize that all open burning can contribute to a deterioration of air quality, and may be injurious to human health and welfare. It is also recognized that open burning must be strictly regulated to adequately protect the health, welfare, and safety of the public. It is the goal of this ordinance to restrict open burning and establish standards for the regulation of open burning in the Town of Grand Isle in order to protect the public health, safety and welfare.
2. Prohibition of Open Fires
Except as expressly allowed in Sections 4 of this ordinance, no person shall conduct open burning, as such term is defined in the ordinance, at any time in the Town of Grand Isle. Notwithstanding any other provisions of this ordinance, no person shall cause or allow the open burning of garbage, rubbish, rubber, plastic, or other synthetics, waste oil, asphalt materials or pressure treated wood.
3. Definitions
a) “Open burning”: Burning that takes place other than in commercial, industrial, institutional or residential heating, incineration or cooking systems. Burning shall include the ignition of a fire, the permitting or causing of ignition or the allowing or causing of a fire to continue.
b) “Natural Wood”: For the purposes of these regulations, natural wood means trees, including logs, boles, trunks, branches, limbs, and stumps, lumber including timber, logs or slabs, especially when dressed for use. This definition shall also include pallets which are used for the shipment of various materials so long as such pallets are not chemically treated with any preservative, paint, or oil. This definition shall not extend to materials which have resulted from the demolition of any building, or to wood products such as saw dust and glued wood.
c) “Garbage”: Animal and vegetable wastes resulting from handling, preparation, cooking, and consumption of food.
4. Allowable Open Burning
a) The following types of open burning shall be allowed without the issuance of a permit under this ordinance subject to compliance with the performance standards contained in Section 6:
1) Open fires in conjunction with holiday and festive celebration.
2) Campfires, outdoor grills, and fireplaces for recreational preparation of food.
3) Burning of solid or liquid fuels, fields or structures for the purpose of bona fide instruction and training of the Grand Isle Fire Department. When such drills or training involve the burning of structures or fields, adjoining property owners and residents shall be notified at least one week in advance of such drill.
b) The following types of open burning shall be permitted only after issuance of the permit required by this ordinance:
1) Burning in forest land areas, as defined by the Vermont Air Quality Regulations, of brush, tree cuttings and slash where the cuttings accrue from pulping or lumbering operations.
2) On-premise burning for the purpose of weed abatement; disease, forest fire and pest prevention; and agricultural improvement.
3) On-premise burning of leaves, brush, deadwood, tree cutting accrued from normal property maintenance by the owner, or lessee thereof.
c) The on-premise burning of natural untreated, unpainted or unstained wood associated with a project for which approval has been granted under the Grand Isle Zoning or Subdivision regulations, provided:
1) The right to burn natural untreated, unpainted or stained wood is granted by the DRB as a condition of approval of the project.
2) Approval to burn is obtained from the Fire Warden.
5. Permits
Any person who desires to conduct open burning as allowed by this ordinance in section 4B shall first obtain a permit from the Fire Warden as follows:
a) Applicant must contact the Fire Warden at 372-4834 on the day of the proposed burning.
b) The Fire Warden may at his/her discretion obtain the necessary information to complete the permit over the phone and verbally issue permission to the applicant. Depending on the nature of the proposed burning conditions may be required. A visit from the Fire Warden to the site may be required. The Fire Warden will complete the permit form and file at his/her location.
6. Performance Standards All persons wishing to conduct open burning shall be responsible to provide the following:
a) All open burning conducted under the terms of this ordinance shall be done in such a manner as to prevent spread of the fire to adjoining properties.
b) No open burning conducted under the terms of this ordinance shall be left unattended at any time.
c) All open burning conducted under the terms of this ordinance shall insure that all fires are completely extinguished prior to being left unattended.
7. Appeals Any decision of the Fire Warden, under this ordinance shall be reviewed, by the Board of Selectmen, upon written request. The Board of Selectmen shall respond to any such request for review within 60 days of the date of its receipt of said request.
8. Fees The Board of Selectmen may by resolution, establish a fee for the granting of permits under the terms of this ordinance.
9. Enforcement
a) The Selectboard: Any person who violates any provision of this ordinance shall be subject to a civil penalty of up to $500.00 per day for each day that such violation continues. Any law enforcement officer or other individual designated by the Selectboard to enforce this ordinance may act as an issuing Municipal Official and issue and pursue before the Selectboard a municipal complaint for any violation of any provision of this ordinance.
b) In addition to the enforcement procedures available before the Selectboard, the Town is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any other remedy authorized by law.
10. Penalties
a) Waiver Fee For Municipal Complaint: The Selectboard is authorized to recover civil penalties in the following amounts for each violation of this ordinance:
First offense - $25.00
Second offense - $50.00
Third offense - $75.00
Fourth offense - $150.00
Fifth and subsequent offenses - $200.00
Offenses shall be counted on a calendar year basis.
b) Civil Penalty for Ordinance Violation: The Selectboard is authorized to recover civil penalties in the following amounts for each violation of this ordinance:
First offense - $25
Second offense - $50
Third offense - $75
Fourth offense - $150
Fifth and subsequent offenses - $200
Offenses shall be counted on a calendar year basis.
11. This ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59
TRAFFIC ORDINANCE
TOWN OF GRAND ISLE, VERMONT
Pursuant to the provisions of Title 23, Vermont Statutes Annotated, Section 1007 and 1008, and Title 24, Vermont Statutes Annotated Section 1971 and 2291(1)(4) and (5), and such other general enactments as may be material hereto, it is hereby ordained that the Board of Selectman of the Town of Grand Isle that the following Traffic Ordinance is adopted for the Town of Grand Isle, Vermont.
The definitions of Title 23, Vermont Statutes Annotated, Section 4 are incorporated by reference.
SCOPE
The ordinance established special traffic regulations on public highways within the Town of Grand Isle, Vermont.
Section 1. It shall be unlawful for any person to disobey the direction of a traffic control device except in response to the direction of a law enforcement officer.
Section 2. It shall be unlawful for any person to intentionally remove, injure, obstruct, deface, alter, or tamper with any traffic control device.
Section 3. It shall be unlawful for any person to install any sign or device that may
resemble or be mistaken for an official traffic control device without prior
approval of the Town of Grand Isle Board of Selectmen.
On the basis of engineering and traffic studies, the following speed limits are hereby established:
TH # 2 (Hyde Rd.) - A maximum speed of 30 m.p.h. from the intersection
with US 2 to the Fire Department/Town Garage, then a
maximum speed of 45mph to the intersection of Adams
School Rd (TH #5).
TH # 20 (Hodgkins Place) - A maximum speed of 25 m.p.h. for its entire length.
TH # 13 & 14 (Hansen Lane) - A maximum speed of 25 m.p.h. for its entire length.
On the basis of being duly adopted and posted speed limits for more than 10 years, the following speed limits are continued:
30 MPH:
East Shore North
Donaldson School Road
Bell Hill Rd.
Town Line Rd.
Allen Rd.
35 MPH:
East Shore South ( South of Mill Pond)
Quaker Rd.
Adams School Rd. – North of Quaker Rd.
Sims Point Rd.
Mocassin Avenue
Faywood Rd.
West Shore Rd. – North of Quaker to Mocassin Ave.
40 MPH:
Pearl St.
East Shore South – North of Mill Pond
Griswold Rd.
Adams School Rd. – South of Quaker Rd.
West Shore Rd. – Quaker Rd. to VT 314
45 MPH:
Reynolds Rd.
East Shore South.
The maximum speed limit permitted for any vehicular traffic on US Route 2 and VT 314 within the Town of Grand Isle shall be the same as those limits established and posted by the State of Vermont.
The above speed limits shall be posted in accordance with the standards set forth in the Millennium Edition of the Manual of Uniform Traffic Control Devices and shall be in effect when so posted.
STOP AND YIELD INTERSECTIONS
Section 1. The following intersections shall be designated as STOP intersections and shall be so signed:
- East Shore North Rd./US Route 2 - Folsom Harbor Rd./East Shore South Rd.
- Lover’s Lane/East Shore North Rd. - Donaldson Rd./East Shore South Rd.
- Lover’s Lane/Faywood Rd. - Donaldson Rd./US Route 2
- Faywood Rd/ US Route 2 - East Shore South Rd./US Route 2
- East Shore South Rd./State Park Rd. - Pearl St./US Route 2
- Hansen Lane/Pearl St. - Bell Hill Rd./Pearl St.
- Bell Hill Rd./VT Route 314(Allen Rd.) - Pearl St./VT Route 314(Allen Rd.)
- Adam School Rd./VT Route 314 (Allen Rd.) - Quaker Rd./Adam School Rd.
- Hyde Rd./Adam School Rd. - Hyde Rd./Adam School Rd.
- Adam School Rd./Moccasin Avenue - Quaker Rd./West Shore Rd.
- West Shore Rd./VT Route 314 (Allen St.) - Allen Rd./VT Route 314
- Allen Rd./West Shore Rd. - Adam’s Landing/West Shore Rd.
- Adam’s Landing/Moccasin Avenue - Moccasin Avenue/Reynolds Rd.
- Simms Point Rd./Griswold Rd. - Griswold Rd./US Route 2
- Reynolds Rd./Hyde Rd. - Reynold Rd./VT Route 314(Allen Rd.)
- Hyde Rd./US Route 2
Section 2. The following intersections shall be designated as YIELD intersections and shall be so signed:
- East Shore North Rd./Faywood Rd.
PARKING REGULATIONS
· Simms Point Road from the Veterinary Clinic to the Northerly end
· East Shore North adjacent to Marycrest Beach
· Folsom Harbor Road
· Hodgkins Place
· No overnight parking around any Town Building
· In front of dry or pressured fire hydrants
· In front of the firestation
The parking of any motor vehicle within any intersection, on a crosswalk, within ten (10) feet of a fire hydrant, in front of a private driveway, on a bridge, viaduct, causeway, or the approach thereto, on a sidewalk, or within any area wherein parking is prohibited or otherwise restricted by permit only is prohibited.
No person shall; between the hours of twelve o’clock midnight and eight o’clock am., including Sundays and legal holidays, during the period from December 1 of each year to April 1 of the following year, park any vehicle within the limits of any public highway in the Town in such a manner as to interfere with the prompt and orderly removal or plowing of snow, removal of ice, or sanding or salting of highway.
The Road Foreman shall conspicuously place suitable marking signs in and near the areas affected by the parking regulations of this chapter.
Rules for parking within the confines of the Town Recreation Areas are contained in the Ordinance entitled “ORDINANCE REGULATING CONDUCT IN TOWN RECREATION AREAS”
The Chairman of the Selectboard with the approval of the Board of Selectmen, may regulate the manner of parking any vehicle in places where parking is permitted by this chapter, by causing parking spaces for vehicles to be marked off or painted on the pavement of the street in the area affected, and “No Parking” signs to be placed in places where such spaces are marked off or painted.
Section 2. Any vehicle parked in violations of the provisions of this Article may be summarily removed at the owner’s expense, by order of any law enforcement officer (constable, sheriff and state police), road commissioner, or selectman.
The local law enforcement officer and/or agency and the owner of any public garage to which such vehicle is removed shall keep a record of each vehicle so removed, using manufacturer’s trade name or make, registration number or motor number if the vehicle is not registered, registered owner if the vehicle bears a Vermont registration, such other descriptive matter as may he necessary to identify such vehicle, and the name and address
of any claimant thereof. The law enforcement officer and/or agency shall, in addition, keep a record showing date of such removal, place to which such removal is made, and the reason for such removal. All such records shall be open to public inspection during regular business hours. If any towed vehicle remains unclaimed for a period of five (5) days, the Town Clerk must send written notice by certified mail, return receipt requested,
to the last known address of the registered owner of any towed vehicle, if the vehicle is registered. If the vehicle is not registered, the Town Clerk will publish in a newspaper of general circulation in the Town information identifying the unclaimed vehicle.
Section 3. If the owner of a vehicle summarily removed under section 5 hereof does not claim such vehicle and pay all towing and storage expenses within thirty (30) days of the date of such removal, the title to such vehicle shall escheat to the Town and the vehicle may be sold or otherwise disposed of in accordance with Title 27, Vermont Statutes Annotated, Section 11.
Before the owner shall be permitted to reclaim a vehicle which has been removed pursuant to Article VII, he or she must:
· Furnish satisfactory evidence to the law enforcement officer or agency and to the owner or person in charge of such public garage of his or her identity and of his or her ownership of such vehicle.
· Pay to the law enforcement officer or agency all charges for removing said vehicle and all charges for the storing or parking thereof, and for publication of record of removal.
· Sign a written receipt acknowledging delivery of said vehicle.
Section 4. Nothing in this Article shall be construed to make unlawful vehicular stops in obedience to the direction of a law enforcement officer or for causes beyond the control of the operator.
loaded so as to prevent its contents from dropping, sifting, leaking or otherwise escaping
therefrom.
Section 1. Separate Offenses:
Each violation of a provision of this ordinance shall be deemed a separate
offense.
A. This shall be a civil ordinance, which shall be enforced in accordance with the provision of 24 VSA, Chapter 59 or through any Vermont court having proper jurisdiction.
B. The penalty for violation of the above speed limit shall be set by the Schedule of Fines established by the State of Vermont.
Section 4. Enforcement Officials:
This ordinance may be enforced by the Grand Isle County Sheriff and/or the Vermont State Police who are properly qualified law enforcement officers in the state of Vermont.
The provisions of this ordinance are declared to be severable and if any provision
hereof be adjudged invalid such argument shall not affect the validity of any other
provision.
This ordinance may be referred to as the Grand Isle Traffic Ordinance and in a
prosecution hereunder a copy of such ordinance, certified by the Town Clerk shall
be prima facie evidence thereof. An allegation that the act constituting the offense
charged is contrary to a specified provision of this ordinance shall be a sufficient
reference hereto.
This ordinance shall become effective 60 days after the adoption date shown below.
Adopted this _______ day of ___________ 2006
___________________ _______________________
___________________ _______________________
___________________
Attest:_____________________________
Cheryl Vantine, Town Clerk
ORDINANCE FOR THE REGULATION OF PARKING
WITHIN THE TOWN.
PARKING REGULATIONS
· Simms Point Road from the Veterinary Clinic to the Northerly end
· East Shore North adjacent to Marycrest Beach
· Folsom Harbor Road
· Hodgkins Place
· No overnight parking around any Town Building
· In front of dry or pressured fire hydrants
· In front of the firestation
The parking of any motor vehicle within any intersection, on a crosswalk, within ten (10) feet of a fire hydrant, in front of a private driveway, on a bridge, viaduct, causeway, or the approach thereto, on a sidewalk, or within any area wherein parking is prohibited or otherwise restricted by permit only is prohibited.
No person shall; between the hours of twelve o’clock midnight and eight o’clock am., including Sundays and legal holidays, during the period from December 1 of each year to April 1 of the following year, park any vehicle within the limits of any public highway in the Town in such a manner as to interfere with the prompt and orderly removal or plowing of snow, removal of ice, or sanding or salting of highway.
The Road Foreman shall conspicuously place suitable marking signs in and near the areas affected by the parking regulations of this chapter.
Rules for parking within the confines of the Town Recreation Areas are contained in the Ordinance entitled “ORDINANCE REGULATING CONDUCT IN TOWN RECREATION AREAS”
The Chairman of the Selectboard with the approval of the Board of Selectmen, may regulate the manner of parking any vehicle in places where parking is permitted by this chapter, by causing parking spaces for vehicles to be marked off or painted on the pavement of the street in the area affected, and “No Parking” signs to be placed in places where such spaces are marked off or painted.
Section 2. Any vehicle parked in violations of the provisions of this Article may be summarily removed at the owner’s expense, by order of any law enforcement officer (constable, sheriff and state police), road commissioner, or selectman.
The local law enforcement officer and/or agency and the owner of any public garage to which such vehicle is removed shall keep a record of each vehicle so removed, using manufacturer’s trade name or make, registration number or motor number if the vehicle is not registered, registered owner if the vehicle bears a Vermont registration, such other descriptive matter as may he necessary to identify such vehicle, and the name and address
of any claimant thereof. The law enforcement officer and/or agency shall, in addition, keep a record showing date of such removal, place to which such removal is made, and the reason for such removal. All such records shall be open to public inspection during regular business hours. If any towed vehicle remains unclaimed for a period of five (5) days, the Town Clerk must send written notice by certified mail, return receipt requested,
to the last known address of the registered owner of any towed vehicle, if the vehicle is registered. If the vehicle is not registered, the Town Clerk will publish in a newspaper of general circulation in the Town information identifying the unclaimed vehicle.
Section 3. If the owner of a vehicle summarily removed under section 5 hereof does not claim such vehicle and pay all towing and storage expenses within thirty (30) days of the date of such removal, the title to such vehicle shall escheat to the Town and the vehicle may be sold or otherwise disposed of in accordance with Title 27, Vermont Statutes Annotated, Section 11.
Before the owner shall be permitted to reclaim a vehicle which has been removed pursuant to Article VII, he or she must:
· Furnish satisfactory evidence to the law enforcement officer or agency and to the owner or person in charge of such public garage of his or her identity and of his or her ownership of such vehicle.
· Pay to the law enforcement officer or agency all charges for removing said vehicle and all charges for the storing or parking thereof, and for publication of record of removal.
· Sign a written receipt acknowledging delivery of said vehicle.
Section 4. Nothing in this Article shall be construed to make unlawful vehicular stops in obedience to the direction of a law enforcement officer or for causes beyond the control of the operator.
TOWN OF GRAND ISLE
ORDINANCE REGARDING CONSTRUCTION
AND ACCEPTANCE OF HIGHWAYS
The Board of Selectmen of the Town of Grand Isle hereby ordain:
1. Policy
It is the policy of the Town of Grand Isle that highways constructed or reconstructed in the town are designed and constructed to allow their safe use by the traveling public, ensure their stability over time and allow their reasonable maintenance. It is the further policy of the town to consider requests for the dedication of private highways to the town and to accept such dedications when it is in the best interest of and will best serve the public welfare, the safety and the convenience of the inhabitants of the Town.
2. Highway Construction Standards
All roads/highways constructed or reconstructed subsequent to the date of this Odinance in the Town of Grand Isle that are intended to qualify for maintenance by the Town, must meet the following standards. All roads proposed as part of a development plat must have Right of Way width of 60 feet.
a) Width of right-of-way: 60 feet. (Must be surveyed and recorded)
b) Width of roadway: 20 feet traveled way with two foot shoulders either side.
c) Location of traveled way: To be located where necessary to retain less than 9% grade.
d) Preparation of Subgrade and Sub-base conditions: Roadway sub-base will be excavated to the extent required by the fabric and stone system. All boulders, organic material, soft clay, spongy material and any other objectionable and unsuitable material shall be removed and replaced with approved material according to the Engineering Plan. Approval of the Road Foreman is required prior to placing of stone course
e) Base conditions: At least 15" of accepted and approved fabric and stone base will be placed the entire width of roadway and shoulders. This item shall consist of a base course composed stone and fabric as approved by the Road Foreman and constructed on a prepared subgrade in accordance with the sections as shown on the accepted drawings. All materials shall be secured from approved sources. Such material shall consist of hard, durable stones which show uniform resistance to abrasion and which are intermixed with clean sand. The stone shall be 3" minus in size. All bottom course material shall be deposited so as to distribute the material and compacted at optimum water content.
f) Roads will be covered with 6" of approved surface material. This item shall consist of an upper course of crushed quarry material to be placed over the bottom course of stone/fabric which will have been prepared in accordance with these specifications. This upper course shall be placed in accordance with the lines, grades, and typical cross sections as shown in the Engineering Plan. The upper course of crushed quarry material shall be deposited and spread in a uniform layer, and compacted at optimum water content.
g) Drainage - Drainage must be placed so that there will be no ponding of water within the highway right-of-way. Minimum culvert size will be 18" diameter. Larger may be required in some cases. Drainage ditches adjacent to roads shall be provided where necessary and shall be a minimum of 18" below the finished grade.
h) Grades: All final grades must be approved. (It is suggested that the center line elevations be plotted and presented at time of application for acceptance) Any road which the Town may accept into the Town Highway system must meet the Selectboard’s approval for grade and design.
i) Approaches: All approaches to State Highways must be approved by the District Highway Engineer. Approaches to State Aid and Town Highways must be approved by the Selectmen or their agent.
j) Highways are to be paved within a year after construction with hot bituminous concrete mix or a double tack coat with chipseal, meeting all of Vermont State Highway specifications.
1) Bituminous Concrete Pavement: This type of pavement shall be composed of mineral aggregate, mineral filler if required, and bituminous material, plant mixed and laid hot. This pavement shall be constructed in two (2) courses of the prepared or existing base in accordance with these specifications and in conformity with the lines, grades, thickness, and typical cross-sections shown on the accepted drawings. The coarse aggregate shall consist of clean, hard crushed rock or screened crushed gravel free from dirt or foreign matter. It shall be reasonably free from soft and elongated pieces. The fine mineral aggregate shall consist of sand or a mixture of sand and stone screenings of which at least fifty percent (50%) by weight shall be sand. The sand shall consist of clean, hard, durable grains, free from injurious amounts of vegetable matter or other harmful substances. The asphalt cement shall conform to all the requirements as set forth by the State of Vermont Department of Highways Specifications for Highway construction. The bituminous concrete is to be laid and rolled by experienced crews, in two layers. The first, the binder course, to a depth compacted to 1 ½". The second application compacted to a depth of 1 ” of hot bituminous concrete, surface mix. All work to be done in a professional manner and must be approved by the Road Foreman. Equipment for spreading and finishing the mixture shall be a mechanical spreading and finishing machine provided with an activated screen and heated as required. The machine shall be capable of spreading the mixture without segregation and shall be approved by the Road Foreman before being used. The base coat will stand a minimum of twelve months before application of the finish coat of pavement.
2) An alternative to bituminous concrete pavement is the use of a double tack coat with Chipseal composed of a ¾ and ½ inch stone base with a 3/8 inch stone surface layer combined with a water based emulsion binder meeting all of Vermont State Highway specifications. This material must be applied by experienced Construction crews using equipment which has been approved by the Road Foreman before use.
k) Trees and Foliage: All trees and shrubs will be removed for a distance of 20 feet from the center line of the roadway. (In some circumstances, these requirements may be waived.)
l) Sewer and Water Service: In areas adjacent to sewer service, sewer mains will be installed. Sewer service mains will be installed under the supervision of the Selectboard or their representative and will meet all specifications of the Department concerned.
m) Drainage must be approved where located within the jurisdiction of the District Highway Engineer by their Department
n) Guard rails are to be placed wherever the safety of the users of the highway is concerned. This will be at the discretion of the Selectmen
o) Bridges and Other Highway Accessory Structures: Unless specifically covered in this Ordinance, any such structures shall conform to the most recently adopted State of Vermont Standard Specification for Highway and Bridge Construction.
p) Cul-de-sacs and Turn Arounds: Designs of cul-de-sacs and turn arounds must be reviewed with the Road Foreman and the Selectboard
q) State Standards: See Specification A76 attached.
3. Dedication and Acceptance of Public Roads/Streets/Highways:
a) Construction Standards: Any road/street/highway which is proposed for dedication to the Town must be constructed in accordance with the standards set forth in Section 2, above.
b) Inspection: Any person proposing to have a new road, street or highway accepted by the Town shall notify the Selectmen of the proposed construction schedule of that road, prior to commencing construction. Inspections by the Town, through its Selectmen or other dully authorized person, shall be made prior to base course application, after base course application, and after final course application. Also, an inspection is required before any paved surface treatment. The Town may require that the roadway be inspected by a registered professional engineer or other such qualified individual. All costs associated with this inspection shall be born by the developer. The Town may require the developer to provide any evidence of testing of compaction of sub-base. If this evidence is not available the Town may require a new compaction test by a competent person with costs to be paid by the developer.
If a road which is in existence as of the date of this Ordinance is proposed for acceptance by the Town as a result of a petition of the property owners abutting the road, the road must be brought into compliance with this ordinance excepting that said road is only required to have its Right of Way width surveyed and recorded. The cost of Engineering studies to determine the current condition of the road and the work necessary to bring the road into compliance as well as the cost of construction to bring the road into compliance must be paid by these property owners.
4. Bonding Requirement: Prior to commencement of construction of a proposed public roadway or reconstruction of an existing public roadway within the Town of Grand Isle, the person proposing such construction must post a bond or other such surety with the Town of Grand Isle for the full amount of the cost of a proposed roadway and public improvements to be constructed . Bonding may be required to secure road improvements which are required to be performed at future times or upon future contingencies. Permits may be withheld pending tender of proper performance bonds.
5.
Compliance with other
regulations: An applicant must
secure all other necessary governmental permits for a land subdivision or for
a road construction as a condition precedent to the acceptance of a highway
hereunder.
6. Public Highways: No road shall be accepted as a public road by the Selectboard until the completion of a public hearing pursuant to 19 V.S.A. Ch. 7, Subchapter 2, and a determination that the public good requires acceptance and dedication of the road as a public way. In making such determination, the Selectboard shall consider whether the public good, necessity, and convenience of the inhabitants of the Town of Grand Isle require the road to be formally accepted as a public road. No road will be considered for acceptance as a public road, by the Selectboard, unless it conforms to the standards of this Ordinance.
7. Applications: An application for the acceptance of the highway shall be accompanied by a survey in a form acceptable to the Selectmen for accuracy, thoroughness and legibility and a proposed warranty deed of the land to be conveyed for highway purposes, said warranty deed to be in form acceptable to the Selectmen and the Town Attorney.
8. Acceptance of Highways: In determining whether to accept a road as a Town Highway, the Selectboard shall determine whether acceptance of the highway is in the best interest of and will best serve the public welfare, the safety and the convenience of the inhabitants of the Town of Grand Isle. In making this determination, the board shall consider all relevant factors, including without limitation, the following:
a) The number of dwelling or business structures served by the road
b) Potential extension of the road
c) Current or potential future impact on the Town road network
d) Current or potential future impact on Town traffic patterns
e) Impact on Town Road Maintenance resources
9. For the purpose of this Ordinance, a highway, road or street is defined as a travel way intended for public or private u