Chapter 12.15
CONTROL OF MUNICIPAL PROPERTY

Sections:

12.15.010    Unlawful use.

12.15.020    Repair or restoration.

12.15.030    Franchise.

12.15.040    Acts exempted.

12.15.010 Unlawful use.

Unless authorized by permit or other written authorization issued by the municipality or unless authority is granted by provisions of this code or other ordinance of the municipality now or hereafter enacted, it shall be a class B misdemeanor for any person to:

(1) Construct, lay, excavate, erect, operate or maintain over, under, across, in, or through any property owned or controlled by this municipality anything which materially impairs, alters, or damages the property.

(2) Enter upon any property of this municipality contrary to posting or marking restricting or prohibiting use of the area.

(3) Intentionally use or perform acts upon property of the municipality which materially impairs, alters, or damages the property. [Amended during 2013 codification; Ord. 87-34 § 8-01-101, 1987.]

12.15.020 Repair or restoration.

The governing body, in addition to any other penalty which may be imposed, may order any person who has damaged, altered or changed any property of this municipality to repair or restore the property to its original condition prior to the damage, alteration or change. [Ord. 87-34 § 8-01-102, 1987.]

12.15.030 Franchise.

(1) The governing body may grant any person a franchise or easement on such terms and conditions as it deems reasonable, for the purpose of entering upon, constructing, building, operating, and maintaining any business or for other use of the property of this municipality, and the provisions of NCC 12.15.010 and 12.15.020 shall not apply to the extent such provisions are waived, qualified or made inapplicable to the rights or privileges granted in the franchise ordinance or easement.

(2) Any franchise or easement granted by this municipality shall be in writing and any franchise or easement not in writing shall be void. [Ord. 87-34 § 8-01-103, 1987.]

12.15.040 Acts exempted.

It shall not be a violation of this chapter where any person uses the public property of this municipality in the manner or for the purpose or purposes for which such property has been made available for public use. [Ord. 87-34 § 8-01-104, 1987.]