TABLE OF CONTENTS

CHAPTER – TITLE                                                                                                      

CHAPTER I – General Provisions (ENACTED)

CHAPTER II – Organization and Operation of Town Government (ENACTED)

CHAPTER III – Manchester Land Use and Development Ordinance (ENACTED)

CHAPTER IV – Town Parks  (ENACTED)

CHAPTER V – Factory Point Cemetery (ENACTED)

CHAPTER VI – Dog Licensing and Animal Control (ENACTED)

CHAPTER VII – Regulation of Alcohol (ENACTED)

CHAPTER VIII – Commerce (Pending)

CHAPTER IX – Vending, Peddlers and Door-To-Door Sales (ENACTED)

CHAPTER X – Special Events (Pending)

CHAPTER XI – Fire Department (ENACTED)

CHAPTER XII – Security and Fire Alarms (ENACTED)

CHAPTER XIII – Roadways, Bridges, Sidewalks, Parking Lots and Streetlights (ENACTED)

CHAPTER XIV – Road Construction, Road Opening and Road Access (ENACTED)

CHAPTER XV – Operation of Vehicles (ENACTED)

CHAPTER XVI – Public Health and Safety (ENACTED)

CHAPTER XVII – Regulation of Public Sewer (Pending)

CHAPTER XVIII – Solid Waste and Littering (Pending)

CHAPTER XIX – Solid Waste Variable Rate Pricing (Pending)

CHAPTER XX – Public Nuisances (Pending)

Water Department Regulatory Code (Pending)

 

ADDENDUM A – General Fee Schedule (ENACTED)

ADDENDUM B – Parks and Recreation Department Fee Schedule (ENACTED)

ADDENDUM C – Sewer Department Fee Schedule (ENACTED)

ADDENDUM D – Planning and Zoning Fee Schedule (Pending)

ADDENDUM E – Penalties and Fines Index (Pending)

Water Department Fee Schedule (ENACTED)

 


 CHAPTER I

GENERAL PROVISIONS

1-1                   General Authority to Enact Ordinance

1-2                   Purpose of Chapter

1-3                   Code Supersedes Prior Ordinances

1-4                   State and Federal Laws and Regulations Supersede Ordinance

1-5                   Reference Applies to Amendments

1-6                   Waiver Fee – definition

1-7                   Effective Date and Time

1-8                   Copy of Ordinance on File

1-9                   Amendments to Ordinance

1-10                 Filing of Ordinance

1-11                 Division of Ordinance

1-12                 Ordinance Kept Up-To-Date

1-13                 Sale of Ordinance

1-14                 Altering or Tampering with Ordinance – penalties

1-15                 Severability of Ordinance

1-16                 Designation of Civil Violations and Criminal Violations

1-17                 Penalties – general

1-18                 Penalties – Civil Violations

1-19                 Civil Violations – Waiver Fees

1-20                 Penalties – Criminal Violations

1-21                 Criminal Violations – Waiver Fees

1-22                 Penalties – Criminal Violations (Incarceration)

1-23                 Failure to Pay Fines – penalties

1-24                 Collection of Fees and Interest for Late Payments

1-25                 Returned Checks

1-26                 Injunctive Abatement of Nuisances and Continuing Violations

1-27                 Conflict of Interest

1-28                 Enforcement


1-1       General Authority to Enact Ordinance

The Chapters contained herein, and collectively referred to as the Manchester Unified Ordinance, Ordinance or Ordinances, have been duly adopted by the Legislative Body of the Town, the Selectboard, in accordance with 24 V.S.A. Chapter 59.

1-2       Purpose of Chapter

The purpose of this Chapter is to provide for the orderly operation of Town government.

1-3       Code Supersedes Prior Ordinances

(1)        This Ordinance shall supersede all other general and permanent ordinances enacted prior to the enactment of this Ordinance, except such ordinances as are hereinafter expressly saved from repeal or continued in force.

(2)        Whenever this Ordinance conflicts with Town policies, practices or procedures, this Ordinance shall supersede any policies, practices or procedures. Whenever two or more ordinances or sections conflict, the ordinance or section adopted later shall supersede the earlier adopted ordinance or section, and the more specific provision shall supersede the more general one.

1-4       State and Federal Laws and Regulations Supersede Ordinance

Whenever this Ordinance conflicts with the laws or regulations of the State of Vermont or the United States, the laws or regulations of the State of Vermont or the United States shall supersede this Ordinance.

1-5       Reference Applies to Amendments

Any reference to the Manchester Unified Ordinance or to any ordinance of the Town codified herein, shall apply to all amendments, corrections and additions duly adopted heretofore or hereafter.

1-6       Waiver Fee – definition

The term waiver fee shall mean waiver of the right of appearance and right to contest by persons charged with a violation of this Ordinance by payment, received either 30 days after the date of issuance of the notice of violation or postmarked not more than 30 days after the date of such issuance.

1-7       Effective Date and Time

This Manchester Unified Ordinance and each of the Chapters shall take effect, unless otherwise noted herein, 60 days after approval by the Selectboard and subject to disapproval as provided in 24 V.S.A. § 1973.

1-8       Copy of Ordinance on File

Upon adoption, a copy of the Ordinance shall be certified by the Clerk of the Town of Manchester by impressing thereon the Seal of the Town, as provided by law, and such certified copy shall remain on file in the office of the Town Clerk, to be made available as a public record to persons desiring to examine the same during all times while said Code is in effect.

1-9       Amendments to Ordinance

(1)        Any and all additions, amendments or supplements to the Ordinance, when passed and adopted in such form as to indicate the legislative intent to make them a part thereof, shall be deemed to be incorporated into such Ordinance so that reference to the “Manchester Unified Ordinance” shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Ordinance shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the book containing said Ordinance as amendments and supplements thereto.

(2)        The Town Clerk shall be charged with the orderly codification of the Ordinance, and may make non-substantive modifications to the Ordinance in order to provide for the orderly codification and indexing of the Ordinance. Whenever the Town Clerk makes modifications to the Ordinance the Town Clerk shall notify the Selectboard in writing.

1-10     Filing of Ordinance

Sufficient copies of the Ordinance shall be maintained in the office of the Town Clerk for inspection by the public at all times during regular office hours. The Ordinance shall also be published on the Town’s website.

1-11     Division of Ordinance

In order to provide for the orderly codification of this Ordinance, the Ordinance shall be divided into Chapters, which shall be assigned a chapter number. Each Chapter may be divided into sections, subsections, paragraphs and clauses.

1-12     Ordinance Kept Up-To-Date

The Town Clerk shall maintain an up-to-date, certified copy of the book containing the Ordinance in his or her office for the use of the public. All changes in the Ordinance and all Chapters adopted subsequent to the effective date of this codification shall be included in the Ordinance book by reference until such changes or new ordinances are printed as supplements to the book, at which time such supplements shall be inserted therein.

1-13     Sale of Ordinance

Copies of the Ordinance may be purchased from the Town Clerk upon the payment of a fee to be set by the Selectboard, but not to exceed five cents per page.

1-14     Altering or Tampering with Ordinance – penalties

(1)        It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Ordinance or to alter or tamper with such Ordinance in any manner whatsoever which will cause the law of the Town of Manchester to be misrepresented thereby.

(2)        A violation of this section shall be punishable as a Second Degree civil violation.

1-15     Severability of Ordinance

Each chapter and section of this Ordinance and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not affect the validity or constitutionality of any other sections or parts thereof.

1-16     Designation of Civil Violations and Criminal Violations

(1)        Unless explicitly designated otherwise, all violations established and contained in the Ordinance are designated civil violations.

(2)        Prosecution of those violations contained in the Ordinance that are designated criminal violations may be brought on behalf of the State’s Attorney, the Town by the Town Attorney or any other officer designated by the Selectboard.

1-17     Penalties – general

(1)        Where penalties are specified for violation of any chapter or provision thereof, they shall continue to apply unless and until amended. If a monetary fine is specified in any chapter or provision thereof which is greater than the penalty amount set forth in this Section and Sections 17, 18, 19 or 20 of this Chapter, the provision that provides for a greater penalty shall control.

(2)        Violations of this Ordinance shall be divided into civil violations and criminal violations.

(3)        The penalty for Civil Violations shall not exceed $800.00 per violation, and the penalty for Criminal Violations shall not exceed $500.00 per violation. Each day that this Ordinance is violated shall constitute a separate violation; provided nonetheless, that when the specific and separate actions of an individual violate this Ordinance each separate action shall constitute a separate violation.

(4)        Whenever this Ordinance does not specify if a violation is a First Degree Violation, Second Degree Violation or a Third Degree Violation, the violation shall be considered a civil, Third Degree Violation.

(5)        For the purposes of establishing the number of previous violations in order to determine if a violation is a “First Violation”, “Second Violation”, or “Third and Subsequent”, any violation of a specific chapter of this Ordinance in the previous two calendar years (730 days) shall constitute a violation. The term “Third and Subsequent” shall mean three or more violations.

(6)        Anyone who commits five or more violations of any specific Chapter in a two-year period may be considered a habitual offender, punished as a First Degree criminal violation.

1-18     Penalties – Civil Violations

Fines for violations of this Ordinance that are classified as Civil Violations shall be established as follows:

Violation Classification First Violation Second Violation Third and Subsequent
First Degree Violation $400.00 $600.00 $800.00
Second Degree Violation $150.00 $300.00 $500.00
Third Degree Violation $100.00 $200.00 $300.00

1-19     Civil Violations – Waiver Fees

Waiver fees, as defined by Section 5 of this Chapter, for Civil Violations are established as follows:

Violation Classification First Violation Second Violation Third and Subsequent
First Degree Violation $200.00 $300.00 $500.00
Second Degree Violation $75.00 $150.00 $300.00
Third Degree Violation $50.00 $100.00 $200.00

1-20     Penalties – Criminal Violations

Fines for violations of this Ordinance that are classified as Criminal Violations shall be established as follows:

Violation Classification First Violation Second Violation Third and Subsequent
First Degree Violation $300.00 $400.00 $500.00
Second Degree Violation $150.00 $200.00 $400.00
Third Degree Violation $100.00 $150.00 $300.00

1-21     Criminal Violations – Waiver Fees

Waiver fees, as defined by section 5 of this Chapter, for Criminal Violations are established as follows:

Violation Classification First Violation Second Violation Third and Subsequent
First Degree Violation $200.00 $300.00 $400.00
Second Degree Violation $75.00 $100.00 $300.00
Third Degree Violation $50.00 $75.00 $200.00

1-22     Penalties – Criminal Violations (Incarceration)

In addition to the penalties established in sections 20 and 21 of this Chapter for Criminal Violations, the following incarceration in a house of correction may apply for Criminal Violations of this Code:

Violation Classification First Violation Second Violation Third and Subsequent
First Degree Violation Not more than 10 days Not more than 20 days Not more than 30 days
Second Degree Violation Not more than 5 days Not more than 10 days Not more than 15 days
Third Degree Violation Not more than 1 day Not more than 5 days Not more than 10 days

1-23     Failure to Pay Fines – penalties

(1)        Interest Rate and Administrative Fee. Unless otherwise under appeal, after 15 days, all unpaid fines for violations of the Ordinance imposed by a Vermont court shall be subject to a $20 administrative collection fee, plus the following accruing interest: 1 percent interest for up to the first 30 days, and an additional 1 percent for each 30 days thereafter, assessed on the first day of the 30 day period and not prorated.

(2)        Civil First Degree Violations. Unless otherwise under appeal, failure to pay a fine associated with a Civil First Degree Violation within 60 days of being found responsible by a Vermont court of jurisdiction shall be considered a First Degree Criminal Violation.

(3)        Civil Second Degree Violations. Unless otherwise under appeal, failure to pay a fine associated with a Civil Second Degree Violation within 60 days of being found responsible by a Vermont court of jurisdiction shall be considered a Second Degree Criminal Violation.

(4)        Civil Third Degree Violations. Unless otherwise under appeal, failure to pay a fine associated with a Civil Third Degree Violation within 60 days of being found responsible by a Vermont court of jurisdiction shall be considered a Third Degree Criminal Violation.

(5)        Criminal Violations. Unless otherwise under appeal, failure to pay a fine associated with a criminal violation within 60 days of being found responsible by a Vermont court of jurisdiction shall be considered a First Degree Criminal Violation.

(6)        Town Permits, Licenses and Other Government Actions. Any person or organization that fails to pay a fine associated with a civil violation or criminal violation within 30 days of being found responsible by a Vermont court of jurisdiction shall not be eligible for permits and licenses from the Town until all fines and fees are paid in full.

1-24     Collection of Fees and Interest for Late Payments

(1)        Unless otherwise provided for herein or otherwise impractical, payment for all services and goods provided by the Town shall be made before or at the time of service or delivery of goods. The Town may, at its sole discretion, decline to provide services or goods if payment is not made at the time of service or delivery of goods.

Any payments or portion of payments not received by the Town before or at the time of service or delivery of goods, or any payments or portion of payments not received or postmarked within seven calendar days shall be subject to the following interest: 1 percent interest for days 1 to 30 (with the day after the original payment due date used as the first day); an additional 1 percent interest for days 31 to 60; and an additional 1 percent for each 30 days thereafter.

In addition, due and unpaid balances more than 60 days old may be referred by the Town Manager to a collection agency. Due and unpaid balances more than 90 days old may be subject to civil court proceedings at the discretion of the Town Manager.

Nothing in this section shall prohibit the Town Manager from approving a written payment plan; provided, that interest charges shall continue to accumulate during the term of the payment plan and payments shall be first applied to late fees.  No criminal charge shall be brought for failure to pay a civil penalty during any period in which the violator is in compliance with a written repayment plan for such civil penalty.

This subsection shall not apply to property tax payments and water and sewer payments, which are governed by state law.

(2)        When and if the Town chooses to invoice for services or goods, payment shall be due thirty calendar days after the issuance of the invoice. Any unpaid balance shall be subject to the following interest after 30 days from mailing or delivery in hand of the invoice: 1 percent interest for days 1 to 30 (with the day after the original payment due date used as the first day); an additional 1 percent interest for days 31 to 60; and an additional 1 percent for each 30 days thereafter.

In addition, due and unpaid balances more than 60 days old may be referred by the Town Manager to a collection agency. Due and unpaid balances more than 90 days old may be subject to civil court proceedings at the discretion of the Town Manager.

Nothing in this section shall prohibit the Town Manager from approving a written payment plan; provided, that interest charges shall continue to accumulate during the term of the payment plan and payments shall be first applied to late fees.

This subsection shall not apply to property tax payments and water and sewer payments, which are governed by state law.

(3)        The Town shall, whenever practical and allowable under state and federal laws and regulations, charge the user of a debit card and credit card any fees and charges related to the use of debit cards or credit cards.

(4)        Unless otherwise provided for herein or by the laws of the State of Vermont, whenever a document must be recorded with the Town Clerk’s Office related to a service or good provided by the Town to another  party, the fee for recording the document shall be paid by the party for whom the Town provided the service or good.

1-25     Returned Checks

(1)        Whenever a check is presented to the Town of Manchester for payment and the check is returned to the Town of Manchester for insufficient funds or other reasons, the Town shall assess the fee established in Addendum A, unless waived by the Town Manager.

(2)        Whenever a person, business or organization has had three or more checks returned to the Town of Manchester for insufficient funds or because an account has been closed, the Town may require subsequent payments to be made with cash or guaranteed instrument such as a bank check or cashier’s check.

1-26     Injunctive Abatement of Nuisances and Continuing Violations

(1)        In an event where violation of the Ordinance may constitute a public nuisance, and when the nuisance is not abated, cured and discontinued by the violator, then, in addition to any other monetary penalty which may be applicable, the Town, through its Town Manager, may bring an action in Superior Court for abatement of the nuisance, may seek an order for abatement of the nuisance, and may exercise any other available legal or equitable remedy, including but not limited to damages, costs and attorneys’ fees against violator (including the owner of any real property on which the claimed nuisance may exist if the violator and the owner are not the same person).

(2)        In the case of a continuing violation of any provision of any Ordinance, which continuing violation is not designated to be a nuisance or able to be construed as a nuisance under common law, state statute or other decisional law of the State of Vermont, and the claimed violation is not cured and remedied by the violator (including the owner of any real property on which the claimed continuing violation may exist if the violator and the owner are not the same person), then the Town, through its Town Manager, in addition to any other monetary fine provided in the ordinance in question, shall have the option of pursuing an action in Superior Court seeking an order compelling enforcement of the ordinance in question and cure or remedy of the claimed continuing violation. The Town shall be entitled to recovery of all damages and expenses, including court costs and reasonable attorneys’ fees as may be incurred by the Town in such action.

1-27     Conflict of Interest

(1)        Definition. Conflict of interest for a Town employee, officer or appointee shall mean a direct or indirect personal or pecuniary (financial) interest of such employee, officer or appointee, his or her spouse or close relative, household member, business associate, employer or employee, in the outcome of a decision, cause, proceeding, application or any other matter pending before a Town employee, officer or appointee. For the purposes of this section, a close relative includes domestic partner or co-habitant, parent, stepparent, grandparent, child, stepchild, grandchild, sibling, aunt, uncle, niece or nephew, parent-in-law, sibling-in-law and other relatives within two degrees of consanguinity. A Conflict of Interest shall not arise in a case that the employee, officer or appointee has a personal or pecuniary interest in the outcome no greater than that of other persons generally affected by the decision. The Town Manager or the chair of the appropriate board or commission, shall be authorized to determine whether an individual should be considered disqualified with respect to any particular matter based on this section.

(2)        All employees (including full time employees, Police Department union employees, Fire Department employees, part-time employees, seasonal employees and employees of the Town Clerk’s Office), and appointed and elected board and commission members shall be disqualified from participating as a representative of the Town in the decision-making process if he or she has a conflict of interest, as defined in the paragraph entitled “Definition,” in a matter under consideration. Such persons shall submit a written statement or make a verbal statement that includes a brief explanation of the conflict. The statement shall be entered into or attached to the minutes or retained by the Town Manager.

(3)        Full time employees, including Police Department union employees, part-time and seasonal employees, shall not personally or through any member of his or her household, business associate, employer or employee represent, appear for, or negotiate in a private capacity on behalf of any person or organization in any decision, cause, proceeding, application or other matter pending before the employee if he or she has a conflict of interest, as defined in subsection 1 of this section, in a matter under consideration unless waived by the Town Manager.

(4)        No official action of the Town of Manchester shall be voidable or void as a result of the participation of a “disqualified” person under this section if the action otherwise conformed to applicable law. However, the disqualified person may be subject to appropriate discipline, up to and including removal or dismissal, for violations of this section.

(5)        The enforcing authority for this section shall be the Municipal Compliance Officer, who shall confer with the Town Manager whenever a Town employee, except the Town Manager, may have violated this section; and the Selectboard whenever an appointed or elected official or the Town Manager may have violated this section.

(6)        A violation of this section shall be considered a Second Degree civil violation.

1-28     Enforcement

The Municipal Compliance Officer is hereby designated as the enforcement authority of this Chapter.


CHAPTER II

ORGANIZATION AND OPERATION OF TOWN GOVERNMENT

2-1                   Authority to Enact Chapter

2-2                   Purpose of Chapter

2-3                   Division of Town Government into Departments, Offices and Divisions

2-4                   Town Boards and Commissions – general

2-5                   Appointment of Board and Commission Members

2-6                   Student Appointments to Boards and Commissions

2-7                   Town Board and Commission appointees – requirements

2-8                   Robert’s Rules of Order and Adoption of Rules by Boards and Commissions

2-9                   Other Appointments and Nominations by the Selectboard

2-10                 Other Duties of Selectboard

2-11                 Designation of Town Legal Counsel by Selectboard

2-12                 Designation of Town Engineer by Selectboard

2-13                 Emergency Management

2-14                 Role of Assistants

2-15                 Municipal Compliance Officers – appointment and powers

2-16                 Prosecution of Municipal Violations

2-17                 Public Records

2-18                 Town Agent

2-19                 Delinquency and Permits and Licenses

2-20                 Issuance of Citation Books to Enforcement Officers and Record Keeping

2-21                 Recording of Appointments with Town Clerk

2-22                 Assault and Bribing of Town Officials – prohibitions

2-23                 Aid To Other Municipalities

2-24                 Conflicting Offices and Prohibitions

2-25                 Enforcement

 

2-1       Authority to Enact Chapter

This Chapter was duly adopted by the Legislative Body of the Town, the Selectboard, in accordance with 24 V.S.A., Chapter 59.

2-2       Purpose of Chapter

The purpose of this Chapter is to provide for the orderly operation of Town government.

2-3       Division of Town Government into Departments, Offices and Divisions

(1)        The Selectboard may appoint a Town Manager, pursuant to Title 24, Chapter 37, who shall have general supervision of the affairs of the Town, be the administrative head of all departments of Town government and shall be responsible for the efficient administration thereof; and be responsible for all the specific duties delegated in Title 24, Chapter 37, Section 1236 and any other duties delegated to the Town Manager by the laws of the State of Vermont. The Town Manager may appoint assistants to help ensure the efficient performance of duties.

(2)        The Town Manager shall serve as the Emergency Management Director; provided, that the Town Manager may appoint an Emergency Management Coordinator to assist with emergency management related duties.

(3)        The Selectboard hereby establishes the following Departments, Offices and Divisions:

Accounting and Finance Office, administered by the Director of Accounting and Finance, who shall be appointed by the Town Manager in consultation with the Town Treasurer.

Assessing Office, administered by the Municipal Assessor, who shall be appointed by the Selectboard and supervised by the Town Manager.

Human Resources and Operations Division, within the Office of the Town Manager, administered by the Human Resources and Operations Manager, who shall be appointed by the Town Manager.

Emergency Management Office, administered by the Town Manager with assistance from the Emergency Management Coordinator, who shall be appointed by the Town Manager.

Economic Development Office, administered by the Economic Development Officers, who shall be appointed by the Town Manager.

Fire Department, administered by the Fire Chief, who shall be appointed by the Town Manager.

Parks and Recreation Department, administered by the Director of Parks and Recreation, who shall be appointed by the Town Manager. The Parks and Recreation Department shall be responsible for managing, but not maintaining, Town parks and greens, and coordinating certain recreational and cultural events and festivals.

Planning Office, administered by the Planning Director, who shall be appointed by the Town Manager in consultation with the Planning Commission.

Police Department, administered by the Chief of Police, who shall be appointed by the Town Manager. The Town Manager shall also appoint all police officers and special police officers. The Police Department shall be responsible for the duties assigned in state law, including but not limited to 24 V.S.A. §1935, and any duties and responsibilities delegated in this Ordinance.

Department of Public Works, which shall include the Highway Division, Buildings and Grounds Division and Cemetery Division, administered by the Director of Public Works, who shall be appointed by the Town Manager. The Public Works Department shall be responsible for the maintenance of Town-owned buildings, parks and greens, swimming pool, municipal cemetery, property, bridges, roads and highways, rights of way, sidewalks and other similar infrastructure under the control of the Selectboard and Town Manager, but not property or facilities under the control of the Water Department and Sewer Department.

Sewer Department, administered by the Sewer Department Superintendent, who shall be appointed by the Town Manager in consultation with the Board of Sewer Commissioners. The Sewer Department shall be responsible for managing the Town-owned sewer system and related infrastructure. Funds related to the Sewer Department shall be designated as such and accounted for separately.

Water Department, administered by the Water Department Superintendent, who shall be appointed by the Town Manager in consultation with the Board of Water Commissioners. The Water Department shall be responsible for managing the Town-owned water system and related infrastructure. Funds related to the Water Department shall be designated as such and accounted for separately.

Zoning Office, administered by the Zoning Administrator, who shall be appointed by the Selectboard based on the recommendation of the planning commission, as authorized under State law. The management of the Zoning Administrator on issues such as attendance, compliance with Town administrative and personnel policies, financial matters and other administrative matters shall be performed by the Town Manager; provided, that the Town Manager shall not direct or otherwise supervise the Zoning Administrator on issues related to permitting and zoning.

(4)        Nothing in this section shall prohibit the Selectboard from creating additional offices, abolish an office or function, or hold vacant a position or office unless otherwise provided by the laws of the State of Vermont.

2-4       Town Boards and Commissions – general

(1)        The Town, through its Selectboard, shall maintain the following Boards and Commissions:

Advisory Committee on Cemeteries, which shall be responsible for advising the Selectboard on policy, planning, finance, operations and other matters related to the Factory Point Cemetery. The Committee shall consist of up to five members, who shall be appointed for three-year terms.

Advisory Committee on Parks and Recreation, which shall serve as the advisory committee to the Selectboard, Town Manager and Parks and Recreation Department on matters related to Town recreation programs and parks. The Committee shall consist of not more than fifteen members, who shall be appointed for two-year terms.

Conservation Commission, which shall be responsible for coordinating conservation-related projects, and providing advisory support to other boards related to a broad range of conservation related issues, including but not limited to land, water, forests, energy or other matters of interest. The Commission shall consist of not more than seven members, who shall be appointed for three-year terms.

Design Advisory Board, which shall be responsible for reviewing architectural plans and sign designs for new projects or renovations located within the Town’s commercial and historic districts. The Board shall consist of not more than five members, who shall be appointed for three-year terms.

Development Review Board, which shall be responsible for reviewing all design review applications, larger commercial or residential development projects, subdivisions, and cases involving unique aspects of law. The Board shall consist of not more than seven members, who shall be appointed for three-year terms.

Investment Advisory Committee, which shall be an advisory committee to the Selectboard for the purpose of overseeing the Town’s investments and advising the Selectboard and Town Treasurer on investments and related policies. The Committee shall include up to seven members, including the Town Treasurer, who shall serve as the chair, the Town Manager, elected Trustees of Public Funds and up to two members appointed by the Selectboard for three-year terms.

Planning Commission, which shall perform the duties assigned in 24 V.S.A. §4325 and other duties provided for by the laws of the State of Vermont and the Chapter III of this Ordinance. The Commission shall include up to seven members, who shall be appointed to four-year terms.

Board of Water Commissioners, which shall act as the policy and decision-making commission for the Water Department, including but not limited to establishing water rates, approving capital plans and budgets, and promulgating rules and regulations that provide for the efficient and effective operation of the Water Department. The Commission shall consist of up to three members, who shall serve until they resign or are otherwise removed for just cause after due notice and hearing by the Selectboard.

(2)        The Selectboard may, by vote, establish other committees, permanent or temporary, and appoint members to provide for the effective planning of Town affairs, in order to study certain matters or for other purposes.

2-5       Appointment of Board and Commission Members

(1)        Unless otherwise specified by the Selectboard or by law, terms shall commence on July 1 of a given year and expire on June 30 of a given year, depending on the term of the Board or Commission.

(2)        The Selectboard shall record all appointments with the Town Clerk.

(3)        Unless otherwise provided by law, upon the resignation or removal of a board or commission member, the Selectboard may appoint a new board or commission member to fill the remaining term of the member who resigned.

(4)        Unless otherwise provided for herein or by state law, a majority of Selectboard members present and voting may appoint person to a Town board or commission or remove or suspend a person from a Town board or commission.

2-6       Student Appointments to Boards and Commissions

(1)        The Selectboard may appoint Manchester residents who are students enrolled in a secondary educational institution and under the age of 19 as advisory members of Town boards and commissions.

(2)        Student appointees to the Planning Commission and Development Review Board shall be non-voting members, but shall otherwise be allowed to participate in meetings.

(3)        Student appointments provided for in this section shall be for one-year terms.

2-7       Town Board and Commission Appointees – requirements

(1)        Appointees to boards and commissions shall attend at least eighty-five percent (85%) of warned meetings, unless otherwise excused by the Selectboard. Failure to attend at least eighty-five percent (85%) of warned meetings shall be grounds for removal or suspension at the discretion of the Selectboard.

(2)        Appointees to board and commissions shall pay, by the required deadlines, all property taxes due to the Town of Manchester, water and sewer utility fees and other fees. Failure to pay taxes and fees in a timely manner shall be grounds for removal or suspension at the discretion of the Selectboard.

2-8       Robert’s Rules of Order and Adoption of Rules by Boards and Commissions

(1)        Town boards and commissions established through Section 2 of this Chapter shall be governed by Robert’s Rules of Order, unless the laws of the State of Vermont establish procedures or rules to the contrary, or unless a board or commission adopts rules other than Robert’s Rules.

(2)        Nothing in this Chapter shall prohibit boards and commissions from organizing and electing officers and establishing rules, provided, that such rules do not otherwise supersede this Ordinance or the laws of the State of Vermont.

2-9       Other Appointments and Nominations by the Selectboard

(1)        The Selectboard shall appoint the Zoning Administrator, Assistant Zoning Administrator (if any), Service Officer, Assistant Service Officer (if any), Tree Warden, Constable, Police Benevolent Fund represent and other appointments provided for in the law of the State of Vermont.

(2)        The Selectboard shall nominate the Health Officer and Fire Warden to the State of Vermont.

2-10     Other Duties of Selectboard

(1)        The Selectboard shall serve as the local Board of Liquor Control.

(2)        The Selectboard shall serve as the Board of Sewer Commissioners.

(3)        The Selectboard, along with the Health Officer, shall serve as the local Board of Health.

2-11     Designation of Town Legal Counsel by Selectboard

(1)        The Selectboard may designate a qualified attorney, attorneys or law firm, licensed in the State of Vermont, to represent the Town in legal matters. Such designation shall be valid until otherwise repealed or superseded by a subsequent designation by the Selectboard.

(2)        Furthermore, the Selectboard may designate a qualified attorney, attorneys or law firm, licensed in the State of Vermont, to represent the Town in legal matters when the attorney, attorneys or law firm in the first paragraph has a conflict of interest or cannot otherwise provide legal services to the Town of Manchester. Such designation shall be valid until otherwise repealed or superseded by a subsequent designation by the Selectboard.

(3)        Nothing in this section shall prohibit the Town from obtaining legal services from other attorneys.

2-12     Designation of Town Engineer by Selectboard

(1)        The Selectboard may designate a qualified engineer or engineers, licensed in the State of Vermont, to represent the Town in engineering and other related matters. Such designation shall be valid until otherwise repealed or superseded by a subsequent designation by the Selectboard.

(2)        Furthermore, the Selectboard may designate a qualified engineer or engineers, licensed in the State of Vermont, to represent the Town in engineering and other related matters when the engineer or engineers in the first paragraph has a conflict of interest or cannot otherwise provide engineering services to the Town of Manchester. Such designation shall be valid until otherwise repealed or superseded by a subsequent designation by the Selectboard.

(3)        Nothing in this section shall prohibit the Town from obtaining engineering services from other engineers.

2-13     Emergency Management

(1)        During an emergency, as declared by the governor or president, the chair of the Selectboard may appoint on a temporary basis an interim or acting town manager when the appointed town manager is absent, dead, injured, inaccessible or otherwise unavailable, until such time as a meeting or emergency meeting of the Selectboard may be convened for the purpose of appointing a town manager or acting town manager under 24 V.S.A. §1232. In the absence of the chair of the Selectboard, the authority under this subsection is designated to the vice-chair of the Selectboard, and in the absence of both the chair and vice-chair, to members of the Selectboard in order of tenure beginning with the member with the longest tenure.

(2)        The Town Manager, through executive order, may establish a succession plan for the position of Emergency Management Director, effective whenever the Town Manager is absent, dead, injured, inaccessible or otherwise unavailable. Such executive order shall be filed with the Town Clerk.

2-14     Role of Assistants

(1)        Whenever the Selectboard or Town Manager appoints an acting or assistant to a position, any reference to the position in this Ordinance shall be interpreted to include the acting or assistant position unless specified otherwise in this Ordinance. The assistant position shall work under the direct supervision and control of the supervisor; provided however, the assistant may act independently whenever the supervisor is absent, incapacitated or otherwise unable to carry out his or her duties, the supervisor has a conflict of interest or the supervisor position is vacant.

(2)        Whenever the Selectboard appoints an acting or assistant Zoning Administrator, references to Zoning Administrator in this Ordinance shall be interpreted to include an acting or assistant Zoning Administrator unless otherwise specified in this Ordinance. The assistant Zoning Administrator shall work under the direct supervision and control of the Zoning Administrator; provided however, the Assistant Zoning Administrator may act independently whenever the Zoning Administrator is absent, incapacitated, or otherwise unable to carry out the duties of the Zoning Administrator, the Zoning Administrator has a conflict of interest, the position of Zoning Administrator is vacant or the Zoning Administrator is acting as the staff person to the Development Review Board during an appeal of an administrative permit issued by the Assistant Zoning Administrator.

2-15     Municipal Compliance Officers – appointment and powers

(1)        The Town Manager shall appoint one or more “Municipal Compliance Officers.” Municipal Compliance Officers shall be responsible for enforcing the Chapters and sections of this Ordinance specifically referenced herein; provided, that the Town Manager may limit the powers of a Municipal Enforcement Officers to enforcement of certain Chapters of this Ordinance.

(2)        Municipal Compliance Officers shall serve until the appointment is revoked by the Town Manager or the Municipal Compliance Officer resigns.

2-16     Prosecution of Municipal Violations

The Selectboard hereby authorizes the following Town officials to prosecute municipal violations before the Vermont Judicial Bureau: Town Manager, any attorney appointed by the Selectboard under section 11 of this Chapter, the Chief of Police, Health Officer and Municipal Compliance Officer.

2-17     Public Records

(1)        The Town shall charge and collect from those requesting public records under 1 V.S.A. § 316 the cost of providing the copy as well as the costs associated with mailing or transmitting the record by fax or other electronic means. The Town shall also charge and collect the cost of staff time, at a rate of $25.00 per hour in fifteen minute increments, associated with complying with a request for a copy of a public record when: (1) the time directly involved in complying with the request exceeds 30 minutes; (2) the Town agrees to create a public record; or (3) the Town agrees to provide the public record in a nonstandard format and the time directly involved in complying with the request exceeds 30 minutes.

(2)        For the purposes of this section, the Zoning Administrator shall serve as the custodian of all public records for the Zoning Office and Planning Office.

(2)        For the purposes of this section, the Town Clerk shall serve as the custodian of public records that are produced, recorded or otherwise filed with the Town Clerk’s office.

(3)        For the purposes of this section, the Chief of Police shall serve as the custodian of all public records for the Manchester Police Department.

(4)        For the purposes of this section, the Human Resources and Operations Manager shall serve as the custodian of public records for the Town Manager’s Office, Accounting and Finance Office, Assessing Office, Economic Development Office, Fire Department, Emergency Management Office, Parks and Recreation Department, Health Officer, Sewer Department and Water Department and other such offices, divisions and departments.

(5)        For the purposes of this section, the Town Manager shall serve as the head of the agency as it relates to 1 V.S.A. § 318.

2-18     Town Agent

The Town Manager shall serve as the Town Agent, under 17 V.S.A. § 2646(11) unless the Selectboard votes otherwise to appoint another individual as the Town Agent.

2-19     Delinquency and Permits and Licenses

No license or permit, other than dog licenses issued under Chapter VI, shall be issued under this Ordinance or renewed under this Ordinance to any applicant who is delinquent in the payment of any property taxes, water, sewer, or related fees, costs or penalties applicable by law and due the Town of Manchester as of the date of application and/or renewal, or who is not in full compliance with a written payment plan approved by the Town Manager.

2-20     Issuance of Citation Books to Enforcement Officers and Record Keeping

(1)        The Chief of Police shall be responsible for ensuring that all enforcement officers have citation books, issued by the Vermont Judicial Bureau.

(2)        Whenever an enforcement officer issues a citation authorized under the Ordinance, the enforcement officer shall provide the Police Department a copy of the citation within 72 hours of issuing the citation. The Police Department shall be responsible for maintaining records related to all citations issued under the Ordinances.

2-21     Recording of Appointments with Town Clerk

Whenever the Selectboard or Town Manager appoints an officer or revokes the appointment of an officer authorized in the Ordinance, the Selectboard or Town Manager shall file the appointment or revocation document with the Town Clerk, who shall record the document in the Town records.

2-22     Assault and Bribing of Town Officials – prohibitions

(1)        It shall be unlawful to threaten with violence, assault, bribe or attempt to bribe a Town official, including Town employees, elected officials and appointed board and commission members.

(2)        A violation of this section shall be considered a First Degree criminal violation.

(3)        Enforcing officers authorized to enforce this Section shall be any sworn officer of the Manchester Police Department.

2-23     Aid To Other Municipalities

(1)        The Selectboard may enter into agreements with other municipalities to provide certain services or aid to other municipalities.

(2)        Whenever the Town of Manchester does not have an agreement or reciprocal relationship with another municipality, as authorized in state law and subsection 1 of this section, or the Selectboard does not specifically direct aid to another municipality at a public meeting, the Town Manager shall be required to invoice the municipality that caused the aid to be provided at a rate of 125% of the actual cost of the service or aid provided by the Town of Manchester.

2-24     Conflicting Offices and Prohibitions

(1)        Town employees may not use their official authority for the purpose of interfering with or affecting the nomination or election of any candidate for public office or endorse any candidate for office using a Town employment title or suggesting, directly or indirectly, the employee’s employment status with the Town.

(2)        In order to avoid the appearance or an actual conflict of interest, no Town employee may serve on the Selectboard; employees of the Parks and Recreation Department shall not serve on the Parks and Recreation Committee; employees of the Planning and Zoning Office shall not serve on the Design Advisory Board, Development Review Board or Planning Commission; employees of the Finance Office shall not serve on the Investment Advisory Committee; and, employees of the Water and Sewer departments shall not serve on the Board of Sewer Commissioners or Board of Water Commissioners. Nothing in this subsection shall prohibit employees from seeking any elected public office or otherwise infringing on their right to seek elected public office. In order to avoid the appearance or an actual conflict of interest, employees shall be required to resign from employment with the Town of Manchester before taking the oath of office for the Selectboard.

(3)        A violation of this section shall be considered a Second Degree civil violation.

(4)        The enforcing authority for this section shall be the Municipal Compliance Officer.

(5)        This section is hereby established under the authority of section 20 of 24 V.S.A. § 2291.

2-25     Enforcement

The Municipal Compliance Officer is hereby designated as the enforcement authority of this Chapter.


CHAPTER IV

TOWN PARKS

4-1                   Authority to Enact Chapter

4-2                   Purpose of Chapter

4-3                   Definitions

4-4                   Facility Use Permits

4-5                   Applejack Field

4-6                   User Fees and Program Fees

4-7                   Unpaid Parks and Recreation Department Fees

4-8                   Evading Parks and Recreation Department Fees

4-9                   Hours of Operation for Parks

4-10                 Smoking at Town Parks – prohibition

4-11                 Drug Use at Town parks – prohibition

4-12                 Dogs, Domestic Animals and Livestock at Town Parks

4-13                 Discharge of Weapons at Town parks – prohibition

4-14                 Overnight Parking – prohibition

4-15                 Overnight Camping – prohibition

4-16                 Fireworks and Camp Fires – prohibition

4-17                 Other Prohibited Activities at Town Parks

4-18                 Motor Vehicles – speed limit on Recreation Park Road

4-19                 Motor Vehicles – not permitted on paths and grassed areas and fields

4-20                 Motor Vehicles – weight limit on Recreation Park Road

4-21                 Vandalism of Town Parks

4-22                 Vending at Town Parks – regulations

4-23                 Town Swimming Pool – regulations

4-24                 Miscellaneous Provisions

4-25                 Enforcement

 

4-1       Authority to Enact Chapter

This Chapter was duly adopted by the Legislative Body of the Town, the Selectboard, in accordance with 24 V.S.A. §2291 (3).

4-2       Purpose of Chapter

This Chapter has been adopted for the purpose of protecting and maintaining the park system of the Town of Manchester and provide for the safety and comfort of park users.

4-3       Definitions

Adams Park shall mean the park located at the intersection of Main Street and Center Hill Road and referred to as 32-51-16 on the Town’s tax maps.

Dana L. Thompson Memorial Park shall mean the park located off of Bonnet Street/Route 30 and referred to as 15-20-27 and 15-20-23 on the Town’s tax maps.

Factory Point Town Green shall mean the park located on Depot Street, near the intersection of Main Street, and referred to as 32-52-25 on the Town’s tax maps.

Immediate family member shall mean a spouse, son, daughter, step-son, step-daughter, dependent for tax purposes, and ward of a legal guardian that is a resident of the Town of Manchester.

Non-resident shall mean any person who does not qualify as a “resident” under the definition entitled “Resident”.

Organized users shall mean any youth leagues, sports league, schools, not-for-profit organizations, educational institutions, for-profit corporations, day camps, day care providers, or other similar entities; or groups that conduct registration activities, schedule practices or games, provide equipment or uniforms, require a fee or insurance waiver to participate in an activities sport or program; or employ employees, or the sport or program is supervised or directed by a coach, administrator or coordinator.

Parks and Recreation Director shall mean a person appointed by the Town Manager to assist in the administration of recreation programs and maintenance of Town parks.

Proof of Residency shall include (1) the person is listed on the current voter checklist, (2) the person appears on the current Grand List, (3) the person can provide a current utility bill with their name and a physical address in the Town of Manchester, (4) the person has a valid driver’s license or state issued identification card with a physical address in the Town of Manchester, (5) the person produces a current tax bill from the Town of Manchester with the person’s name on the tax bill, (6) the person produces a Town of Manchester employee I.D. badge or pay stub, (7) the person produces a signed and current copy of a lease, valid for at least six months at a physical address in the Town of Manchester, or (8) the person produces other proof of residency acceptable to the Parks and Recreation Director.

Resident shall mean a person who (1) lives in the Town of Manchester or Village of Manchester, more than 180 days per year, or (2) owns property (commercial or residential) and pays property taxes to the Town of Manchester, or (3) is an active registered voter in the Town of Manchester, or (4) owns a business with a valid tax identification number and is physically located in the Town of Manchester, or (5) is an employee of the municipality (Town of Manchester); and can provide “Proof of Residency” as defined herein. Immediate family members, as defined herein, shall be considered residents for the purpose of this Chapter.

Town parks or parks shall collectively mean the Dana L. Thompson Memorial Park, Adams Park and the Factory Point Town Green as defined herein.

4-4       Facility Use Permits

(1)        All requests to use facilities shall be submitted to the Parks and Recreation Department on a permit application form approved by the Town Manager.

(2)        Any person filing the facility use permit application shall be at least 21 years old and be present during the event. The Parks and Recreation Department may require the applicant to provide a valid government picture identification card.

(3)        Before any facility use permit application may be considered, all fees and deposits must be paid in full, and the individual or group requesting use of any facility must be in good standing with the Town, and the Parks and Recreation Department and its fees and its policies.

(4)        Permit applications may be filed for a period of time not to exceed four months in duration. Permit applications may be filed not more than 30 days and not less than seven days before an event or the start of a sports season, unless otherwise waived by the Director of Parks and Recreation.

(5)        Facility fees for the Parks and Recreation Department shall be established in Addendum B. All fees not otherwise established in this Ordinance may be established by the Parks and Recreation Department Director, subject to approval by the Town Manager; provided, that whenever practical, non-resident fees shall be one and one-half times greater than resident fees. Facility use fees are based on reservations not on actual usage.

(6)        All organized users, as defined herein, shall file a facility use permit application with the Parks and Recreation Department for all scheduled games, practices and events and shall pay all facility fees required by this Chapter and Addendum B prior to a permit being issued for the scheduled games, practices, events or the beginning of the sports season. No refunds shall be provided for games, practices or events canceled by the organized user. A violation of this subsection shall be considered a Third Degree civil violation.

(7)        Nothing in this section shall prohibit users not defined as organized users from filing a facility use permit application or for the Parks and Recreation Director issuing a facility use permit to a user that is not an organized user.

(8)        The following facilities shall be used only by permit and fee: Applejack Field; the large baseball field in the southwest corner of the Dana L. Thompson Memorial Park; the Town swimming pool; the Activity Room in the Park House; athletic fields located north of Applejack Field.

(9)        Programs operated by the Parks and Recreation Department, for the benefit of the Parks and Recreation Department, and the Town of Manchester are exempt from facility fees.

(10)      The Town Manager may waive facility fees for the Manchester School District.

(11)      The Town reserves the right to cancel, postpone or reschedule permitted events, at its sole discretion, due to unforeseen circumstances. When the event is canceled by the Parks and Recreation Department, the Town shall refund or credit the account of the user of the facility use fee.

(12)      Whenever a permit is issued by the Parks and Recreation Department to any person or organization, that person or organization shall be entitled to use the facility if the facility is being used by a person or organization without a permit.

(13)      With the exception of Applejack Field, organized users of all fields shall be responsible for lining fields; provided, that the Parks and Recreation Director may restrict or regulate the lining of fields. No person or organization shall perform field or facility maintenance without prior written permission by the Parks and Recreation Director.

(14)      Facility users shall be responsible for damage to facilities that is above and beyond normal wear and tear, or for damages that result from violations of this Ordinance or the policies of the Parks and Recreation Department.

(15)      The Parks and Recreation Director, at his or her sole discretion, may require a certificate of insurance from users in an amount to be determined by the Director of Parks and Recreation.

(16)      The Parks and Recreation Director may require a deposit, established in Addendum A, for cleaning, damage and the return of equipment (including keys and passes). After the facility has been inspected, the Town shall return the deposit to the user within 14 days of use, minus any withholding for cleaning, damages or equipment that is not returned to the Town. Any cleaning that is done by Town staff shall be billed at a rate of not less than $50 per hour, and the minimum charge for any cleaning shall be not less than $25.

(17)      The Parks and Recreation Department shall make efforts to ensure that facility use is distributed equitably among users; provided, that Town-sponsored programs and events shall take precedence over all other functions, and residents and local youth organizations shall have preference over non-residents.

4-5       Applejack Field

(1)        Applejack Field shall be used for athletic events approved by the Director of Parks and Recreation and for Town-sponsored community events that do not damage the playing surface, including but not limited to community celebrations, outdoor movies and concerts.

(2)        Athletic events shall take precedent over other activities. Non-athletic events that are not sponsored by the Town shall be prohibited on Applejack Field.

(3)        The Parks and Recreation Director shall manage use of Applejack Field to ensure that the playing surface is not damaged, and may limit use at his or her sole discretion, including postponing or cancelling games or events.

(4)        Unauthorized use of Applejack Field shall be considered a First Degree civil violation.

4-6       User Fees and Program Fees

(1)        User fees and program fees for the Parks and Recreation Department shall be established in Addendum B.

(2)        All fees not otherwise established in this Ordinance may be established by the Parks and Recreation Department Director, subject to approval by the Town Manager; provided, that non-resident fees shall be one and one-half times greater than resident fees.

4-7       Unpaid Parks and Recreation Department Fees

Any portion of Parks and Recreation Department user fees, program fees or facilities fees unpaid within seven days of the due date shall be subject to the interest and penalties provided for in Chapter I of this Ordinance.

4-8       Evading Parks and Recreation Department Fees

(1)        It shall be unlawful for any person to intentionally evade a gate or entrance fee, user fee, program fee or facility fee, or for a non-resident, as defined herein, to provide false information in order to receive a resident rate.

(2)        The first violation of this section shall be considered a civil violation and punishable by a penalty equal to the fee otherwise due, plus $50; provided that the penalty, not including the fee, shall not exceed $800 per violation.

(3)        The second violation of this section within a two year period shall be considered a civil violation and punishable by a penalty equal to the fee otherwise due, plus $100; provided that the penalty, not including the fee, shall not exceed $800 per violation.

(4)        The third and subsequent violations of this section within a two-year period shall be considered a civil violation and punishable by a penalty equal to the fee otherwise due, plus $250; provided that the penalty, not including the fee, shall not exceed $800 per violation.

4-9       Hours of Operation for Parks

(1)        Town parks shall be open to the public from 5:00 AM to 10:00 PM daily. No person shall use Town parks between the hours of 10:00 PM and 5:00 AM daily.

(2)        Notwithstanding subsection 1 of this section, the Director of Parks and Recreation may modify Town park hours from time-to-time for special events, or as reasonably necessary for maintenance or public safety.

(3)        A violation of paragraph 1 of this section shall be punishable as a Third Degree civil violation.

4-10     Smoking and Tobacco at Town Parks – prohibition

(1)        It shall be unlawful to smoke tobacco, use tobacco products or tobacco substitutes in Town parks.

(2)        A violation of this paragraph shall be punishable as a Third Degree civil violation.

4-11     Drug use at Town Parks – prohibition

(1)        It shall be unlawful to possess, ingest or smoke marijuana or marijuana-related products in Town parks.            A violation of this subsection shall be punishable as a Second Degree criminal violation.

(2)        It shall be unlawful to possess or use any controlled substances in Town parks unless otherwise prescribed by a physician. A violation of this subsection shall be punishable as a First Degree criminal violation.

4-12     Dogs, Domestic Animals and Livestock at Town Parks

(1)        Notwithstanding any other chapter of this Ordinance to the contrary, all dogs shall be on leashes at all times and under the control of a responsible person in the Factory Point Town Green, Adams Park and the Dana L. Thompson Memorial Park, except inside the fenced area in the northeast corner of the Dana L. Thompson Memorial Park that is designated as a dog park.

(2)        No other domestic animals or livestock shall be permitted at Town parks, except as authorized in writing by the Director of Parks and Recreation for special events.

(3)        No dogs and other domestic animals and livestock, except service animals, shall be allowed inside the Park House, inside Applejack Field, on the fields north of Applejack Field (Eckhardt Field and McClellan Field), within the fencing of the three baseball fields and in the fenced in area of the swimming pool.

(4)        A violation of this section shall be considered a Third Degree civil violation.

4-13     Discharge of Weapons at Town Parks – prohibition

(1)        The discharge of firearms, air guns, bows, crossbows and other similar weapons and projectiles at Town parks is prohibited.

(2)        A violation of this section shall be considered a Second Degree criminal violation.

4-14     Overnight Parking – prohibition

(1)        It shall be unlawful to park vehicles at the Dana L. Thompson Memorial Park between the hours of 10:00 PM and 5:00 AM.

(2)        The Manchester Police Department may remove the vehicle from the park by towing the vehicle. The owner or operator of the vehicle shall be responsible for all costs associated with the removal of the vehicle.

(3)        A violation of this section shall be considered a Third Degree civil violation.

4-15     Overnight Camping – prohibition

(1)        It shall be unlawful to camp or sleep in Town parks without prior written permission from the Parks and Recreation Director.

(2)        A violation of this section shall be considered a Third Degree civil violation.

4-16     Fireworks and Camp Fires – prohibition

(1)        Fireworks and camp fires and other fires not specifically contained within barbecue grills shall be prohibited in Town parks without prior written permission from the Fire Chief of the Manchester Fire Department.

(2)        A violation of this section shall be considered a Third Degree civil violation.

4-17     Other Prohibited Activities at Town Parks

(1)        It shall be unlawful to play golf, operate remote control aircraft or engage in any other activities at Town parks that present a clear danger to the public.

(2)        It shall be unlawful to play loud music at Town parks so as to annoy or impact other park users; provided, Town-sponsored events and games shall be exempt from this section.

(3)        A violation of this section shall be considered a Third Degree civil violation.

4-18     Motor Vehicles – speed limit on Recreation Park Road and parking lots

(1)        It shall be unlawful to operate any vehicle in excess of 15 miles per hour on Recreation Park Road or on any parking lot at the Dana L. Thompson Memorial Park.

(2)        A violation of this section shall be considered a Second Degree civil violation.

4-19     Motor Vehicles – not permitted on paths and grassed areas and fields

(1)        It shall be unlawful to operate motor vehicles at Town Parks on walking paths, sidewalks, grassed areas and fields and other areas not designated for motor vehicle use without the permission of the Parks and Recreation Director. Vehicles operated by Town employees and engaged in Town-related functions shall be exempt from this section.

(2)        In addition to penalties established herein, violators shall be responsible for paying the cost of restoring any damage caused by motor vehicles.

(3)        A violation of this section shall be considered a Second Degree civil violation.

4-20     Motor Vehicles – weight limit on Recreation Park Road

(1)        Unless otherwise permitted in writing by the Director of Public Works, vehicles shall not exceed five tons in weight or two axles on Recreation Park Road. Town-owned vehicles, authorized service vehicles, buses associated with athletic events and emergency vehicles shall be exempt from this section.

(2)        A violation of this section shall be considered a Second Degree civil violation.

4-21     Vandalism of Town Parks

(1)        It shall be unlawful to intentionally damage, destroy or deface any facilities, equipment or grounds of Town parks.

(2)        In addition to penalties established herein, violators shall be responsible for paying the cost of repairing any damage caused by vandalism.

(3)        A violation of this section shall be considered a Second Degree criminal violation.

4-22     Vending at Town Parks – regulations

(1)        Vending of food, beverages, merchandise, other related items and commercial activities at Town parks shall be prohibited; provided, that the Town Manager may approve temporary vending at the Dana L. Thompson Memorial Park for special events, games and tournaments as authorized in Chapter IX of this Ordinance. Each separate organization or separately owned business shall constitute a separate vendor.

(2)        Any vendor approved under Chapter IX of this Ordinance may be permitted to vend at the Dana L. Thompson Memorial Park for Town-sponsored events, tournaments administered by the Town of Manchester, and games and events at Applejack Field upon the written approval of the Director of Parks and Recreation.

(3)        Vending operated by the Parks and Recreation Department, for the benefit of the Parks and Recreation Department, shall be exempt from this section.

(4)        A violation of this section shall be considered a First Degree civil violation.

4-23     Town Swimming Pool – regulations

(1)        The Parks and Recreation Director shall post the rules and regulations related to the use of the Town-owned swimming pool at the Dana L. Thompson Memorial Park. All swimming pool users and guests shall adhere to the rules and regulations, and shall follow the directions of Town lifeguards and staff.

(2)        The Town may cap the total cost of a season swimming pass for a household headed by a Manchester resident, as defined herein; provided that this cap shall only apply to immediate family members, as defined in this Chapter. The cap for a Manchester household shall be established in Addendum B of this Ordinance.

(3)        No person under 12 years of age shall be admitted to the swimming pool without a parent, guardian or responsible adult 18 years of age or older, who shall be responsible for supervising the person under 12 years of age at all times while at the Town swimming pool. The parent, guardian, or responsible adult shall be responsible for the general welfare of the child and ensuring that the child adheres to the rules and regulations of the swimming pool.

(4)        The Town shall not charge anyone under three years old to enter the swimming pool if the child is accompanied and supervised by an adult 18 years of age or older who has a valid day or season swimming pass; provided, that this section shall not apply to daycare providers, institutions and educational institutions.

(5)        The Parks and Recreation Director may, at his or her sole discretion, suspend or terminate a pool pass without refund or credit when a pool pass is used fraudulently to gain admission to the swimming pool or for misconduct.

(6)        The Parks and Recreation Director, at his or her sole discretion, may provide a twenty percent discount of day admission to the Town swimming pool to groups larger than fifteen people, provided that full payment shall be received before admission is allowed.

(7)        Unauthorized use of the Town swimming pool shall be considered a Second Degree civil violation.

(8)        Notwithstanding subsection 7 of this section, a violation of this section shall be considered a Third Degree civil violation.

4-24     Miscellaneous Provisions

(1)        The Selectboard designates the Factory Point Town Green as a place suitable for public gatherings and assemblies; provided, that the organizers of any event otherwise comply with this Chapter and Chapter X (Special Events).

(2)        All signs and banners erected at Town parks and not otherwise prohibited or regulated by other Town ordinances or regulations may be approved, in writing, by the Town Manager for a period not to exceed one year.

(3)        Nothing in this Chapter shall otherwise limit the Town Manager and Parks and Recreation Director from promulgating reasonable rules, regulations and policies that provide for the safe and effective management of the Town’s park system; provided, such rules, regulations and policies do not conflict with this Chapter.

4-25     Enforcement

For violations of this Chapter that are considered criminal violations, the enforcing authority for this Chapter shall be any sworn officer of the Manchester Police Department; for violations of this Chapter that are considered civil violations, the enforcing authority shall be any sworn officer of the Manchester Police Department and the Municipal Compliance Officer.


CHAPTER V

FACTORY POINT CEMETERY

5-1                   Authority to Enact Chapter

5-2                   Purpose of Chapter

5-3                   Definitions

5-4                   Management and Operation of Factory Point Cemetery

5-5                   General Provisions

5-6                   Factory Point Cemetery Fees

5-7                   Interment of Human Remains at Factory Point Cemetery

5-8                   Sale of Cemetery Lots

5-9                   Headstones and Markers

5-10                 Enforcement

 

5-1       Authority to Enact Chapter

This Chapter was duly adopted by the Legislative Body of the Town, the Selectboard, in accordance with 24 V.S.A. §2291 (3) and 18 V.S.A. §§ 5305, 5361 & 5531(d).

5-2       Purpose of Chapter

This Chapter has been adopted for the purpose of protecting and maintaining the Factory Point Cemetery.

5-3       Definitions

Burial shall mean the interment of human remains, including the interment of a body in its entirety or interment of cremated remains.

Conventional burial shall mean the burial of a human body in its entirety.

Cremation burial shall mean the burial of human remains that have been cremated.

Factory Point Cemetery and Cemetery shall mean the cemetery located on Cemetery Avenue in the Town of Manchester and referred to as 32-51-25 on the Town’s tax maps.

Family plot shall mean an area including more than one contiguous lot which is owned by one person or family.

Flat marker shall mean a stone, flush with the surrounding land to mark the grave of a person or persons.

Government marker shall mean any marker provided by or authorized by the United States government or the State of Vermont to mark the burial of an individual. A government marker shall not be considered a flat marker.

Headstone shall mean a stone erected to mark the grave of a person or persons.

Headstone guarantee shall mean a deposit paid to ensure that a permanent headstone, that complies with the standards set forth herein, is placed on a grave within twelve months of a burial.

Military veteran shall mean any Manchester resident who actively served in the armed forces and was honorably discharged from the armed forces.

Notorious crimes shall mean crimes that involve terrorism, mass murder, serial murder, torture, child molestation, cannibalism, serious war crimes, crimes against humanity, and other similar crimes.

Public safety personnel shall mean any person who served at least five years on the Manchester Police Department or Manchester Fire Department.

Sexton shall mean a person or persons who shall be responsible for overseeing the Factory Point Cemetery, its grounds and infrastructure, the vault, and burials at the Cemetery. The Director of Public Works shall serve as the sexton. The Director may appoint assistant sextons, who shall report to the Director but shall have all the powers and authority vested in the Director as the sexton. The appointment of assistant sextons shall be filed with the Town Clerk in writing. The Director may repeal the appointment of assistant sextons.

Vault shall mean the structure or structures located at the Factory Point Cemetery used to temporarily store human bodies before burial.

5-4       Management and Operation of Factory Point Cemetery

(1)        The Town Manager and his or her assistants shall be responsible for the overall management and coordination of the Factory Point Cemetery, selling plots and issuing deeds, and collection of fees and accounting. The Town Manager may appoint a coordinator to manage the day-to-day administrative operations of the Cemetery.

(2)        The sexton and the assistant sextons shall be in charge of the vault and overseeing and scheduling burials.

(3)        The Department of Public Works under the supervision of the Director of Public Works shall be charged with maintenance of the Cemetery.

(4)        The Town Clerk shall be responsible for recording, maintaining and preserving all records, surveys and maps related to the Factory Point Cemetery.

5-5       General Provisions

(1)        The Factory Point Cemetery shall be open to the public from 6:00 AM to dusk each day. It shall be unlawful to be on the grounds of the Cemetery when the Cemetery is closed. It shall be unlawful to camp, sleep, loiter, solicit, vend and conduct commercial activities in the Factory Point Cemetery. A violation of this subsection shall be considered a Second Degree civil violation.  The enforcing authority for this subsection shall be any sworn officer of the Manchester Police Department or Municipal Compliance Officer.

(2)        It shall be unlawful to intentionally disturb or otherwise interfere with a funeral or burial at the Factory Point Cemetery. A violation of this subsection shall be considered a First Degree criminal violation.  The enforcing authority for this subsection shall be any sworn officer of the Manchester Police Department.

(3)        It shall be unlawful to vandalize, desecrate or damage graves, headstones or markers. A violation of this subsection shall be considered a First Degree criminal violation.  The enforcing authority for this subsection shall be any sworn officer of the Manchester Police Department.

(4)        Signage is prohibited at the Factory Point Cemetery, including but not limited to signs that indicate that a lot, vault or tomb is for sale; provided, that headstones and markers authorized by this Chapter and information and directional signage installed by the Town of Manchester shall be exempt from this subsection. A violation of this subsection shall be considered a Third Degree civil violation.

(5)        No trees, shrubs or bushes shall be planted in the Cemetery without the written permission of the Town Manager. All trees, shrubs and bushes within the Cemetery are the exclusive property of the Town of Manchester and shall be maintained and removed at the sole discretion of the Town.

(6)        No plastic or artificial flowers, ornamental displays, glass or ceramic items or benches, or lighting unless installed by the Town of Manchester, shall be permitted in the Cemetery and shall be promptly removed by the Town.

(7)        Dogs and other domestic animals, with the exception of service animals, shall not be permitted on the ground of the Factory Point Cemetery. A violation of this subsection shall be considered a Third Degree civil violation.

(8)        It shall be unlawful for anyone to access the vault, remove a body or place a body in the vault unless the sexton or assistant sexton is present. A violation of this subsection shall be considered a Second Degree civil violation.

(9)        Vehicles on the roadway within the Factory Point Town Cemetery may not exceed 10 miles per hour. Vehicles shall not be allowed on the grass. A violation of this subsection shall be considered a Second Degree civil violation.

(10)      It shall be unlawful to consume alcohol or smoke tobacco or marijuana on the grounds of the Factory Point Cemetery. A violation of this subsection shall be considered a Second Degree civil violation.

5-6       Factory Point Cemetery Fees

(1)        Fees related to the Factory Point Cemetery shall be established in Addendum A. All fees shall be paid before any goods and services are provided, including but not limited to interments. Any unpaid fees shall be subject to interest accrual established under Chapter I.

(2)        Whenever a fee or required paperwork is received less than twenty four hours before a burial, the Town shall assess an additional fee of $50 to expedite processing.

(3)        Whenever a fee or required paperwork is received after a burial, the Town shall assess, in addition to other fees, a late fee of $100.

(4)        No discounts shall be provided for the interment of more than one person or the purchase of more than one cemetery lot.

(5)        All recording fees related to Cemetery documents shall be paid for by the purchaser of lots or the funeral home responsible for the interment.

(6)        The Town may provide a reduced rate for burials of military veterans, as defined in section 1, and public safety personnel, as defined by section 1. The rates for burial of military veterans and public safety personnel shall be established in Addendum A. For military veterans, acceptable proof of service shall include a copy of a DD-214 from the Department of Defense or similar documents. For public safety personnel, acceptable proof of service shall be payroll or personnel records or a letter from the current Fire Chief or Chief of Police.

5-7       Interment of Human Remains at Factory Point Cemetery

(1)        All excavation and interment at the Cemetery shall be performed by Town employees, or by Town-approved contractors designated by the Director of Public Works. A violation of this subsection shall be considered a Second Degree civil violation.

(2)        Only human remains shall be interred at Factory Point Cemetery. No animal remains, including but not limited to domestic animals and pets, shall be buried, interred or scattered across the grounds of the Factory Point Cemetery. A violation of this subsection shall be considered a Second Degree civil violation.

(3)        The Town Manager may deny the burial of persons who have committed, either by conviction or by reasonable evidence, notorious crimes, as defined in section 1 of this Chapter. Appeals of the Town Manager’s decision not to allow the burial of certain persons under this subsection may be made by the next of kin to the Selectboard in writing, who shall hold a hearing within seven days of receiving the appeal.

(4)        Conventional burials require that the body of the person buried shall be entombed in a concrete vault that complies with standards approved by the Director of the Public Works Department.

(5)        No above-ground vaults or structures shall be allowed, except as approved by the Selectboard.

(6)        No fences, hedges or curbing around cemetery plots shall be allowed.

(7)        Burials shall be performed between April 1 and November 30 of each year, subject to the availability of Town staff and Town-approved contractors, and suitable weather and soil conditions.

(8)        Burials may be performed between the December 1 and March 31 of each year at the sole discretion of the Director of Public Works, subject to the availability of Town staff and Town-approved contractors, and suitable weather and soil conditions, for an additional fee set forth in Addendum A.

(9)        Burials shall not be allowed on the following days, unless approved by the Town Manager: New Year’s Day, Memorial Day, Fourth of July, Labor Day, Veterans’ Day, Thanksgiving Day and Christmas Day.

(10)      No human body shall be buried at the Factory Point Cemetery unless a valid Burial Transit Permit issued by a town clerk or a deputy registrar and an Interment Order is filed with the Town Clerk of the Town of Manchester before the burial or on the next business day after the burial. No cremated remains may be buried in the Factory Point Cemetery unless an Interment Order is filed with the Town Clerk of the Town of Manchester before the burial or on the next business day after the burial. A violation of this subsection shall considered a Second Degree civil violation.

(11)      Whenever the Town performs an exhumation, the Town shall charge the same rate as a burial.

5-8       Sale of Cemetery Lots

(1)        The cost of Cemetery lots shall be governed by Addendum A.

(2)        Conventional lots shall be approximately four feet wide and twelve feet long, and may provide for the interment of one conventional burial and up to two cremated remains; provided, that cremated remains may be interred only when the conventional burial precedes the cremated burial. Whenever a conventional lot is not used for a conventional burial, a conventional lot may be used for the interment of up to four cremated remains.

(3)        Family cremation lots shall be approximately four feet wide and five to six feet long, and may provide for the interment of up to four cremated remains, subject to space being available in the lot.

(4)        Individual cremation lots shall be approximately two feet wide and two feet long, and shall provide for the interment of the cremated remains of one person.

(5)        Lots shall not be sold from a private party to another private party or transferred from a private party to another private party without the written permission of the Town Manager and a $50 processing fee payable to the Town. Lots sold or transferred under this subsection shall not be sold or transferred for more than the original purchase price. A violation of this subsection shall be considered a Second Degree civil violation.

(6)        Whenever the owner or owners of a cemetery plot are deceased, the cemetery plot is vacant, and the plot has not been transferred by probate decree, the right to use the plot shall be exclusively determined by the Town Manager. The Town Manager shall require documentation and a signed and sworn statement from the person claiming use under this subsection under the pains and penalties of perjury and a $50 processing fee payable to the Town, plus any recording fees.

5-9       Headstones and Markers

(1)        Headstones and markers shall be installed only by Town employees or Town-approved contractors, designated by the Director of Public Works. All headstones and markers shall be installed on concrete bases and in compliance with standards established and maintained by the Director of Public Works, and to the satisfaction of the Director of Public Works.

(2)        Headstones and markers shall not include any language or images that are derogatory or offensive to a reasonable person, have language or images that are sexual in nature, discriminatory or include references to illegal or immoral activities. The Town Manager may deny the installation of headstones and markers or order the removal thereof when a headstone or marker violates the terms of this subsection.

(3)        Headstones shall be at least six inches thick; shall be at least eighteen inches but not more than ninety-six inches above grade in height; and shall not be more than thirty-six inches in width.

(4)        Flat markers shall be four inches thick and have a surface area no larger than two square feet. Flat markers shall be flush with the ground and not provide a tripping hazard or hindrance to maintenance and grass mowing.

(5)        Four corner markers, which shall delineate each purchased lot, shall be installed by the Department of Public Works or a contractor selected by the Director of Public Works. The fee, established in Addendum A, shall be paid upon purchase of a lot. More than one contiguous lot owned by the same person shall only require one set of corner markers. Corner markers shall be made out of granite and shall not protrude above the surface of the ground. Corner markers shall include the last name of the person who purchased the lot or the last name of the person being buried in the lot, whenever feasible. Corner markers shall be approximately six inches square for conventional and family cremation lots and approximately 4 inches square for cremation lots.

(6)        The Town or a Town-approved contractor shall install standard government markers, which indicate service to the United States armed services. Government markers shall be allowed in addition to all other headstones or markers authorized in this Chapter.

(7)        The Director of Public Works may issue an annual permit to qualified individuals and businesses for the purpose of installing headstones and markers. All such permitted individuals and businesses shall provide proof of insurance, including liability insurance and workers compensation insurance, in an amount not less than $1,000,000, naming the Town as an additional insured.

(8)        All headstones and flat markers shall be made of durable stone, including marble and granite or other stone approved by the Director of Public Works. Government markers shall be made of bronze. Headstones and markers shall be free of cracks and other imperfections that may affect the long-term durability of the headstone or marker.

(9)        The Town shall require the payment of a headstone guarantee whenever a person is buried in a lot. Payment shall be made to the Town prior to the burial. The headstone guarantee fee shall be established in Addendum A. Whenever the sexton certifies that an acceptable and appropriate headstone has been installed to the Town’s standards, the Town shall promptly refund the headstone guarantee to the person who paid the fee or next of kin. If any acceptable and appropriate permanent headstone has not been installed within one year of the burial, then the Town may install a headstone using the headstone guarantee and no refund shall be allowed.

(10)      For conventional lots, one headstone is required. In addition to a headstone, up to four additional flat markers may be installed. A flat marker may be substituted for the headstone if desired.

(11)      For family cremation lots, one headstone is required. In addition to a headstone, up to four additional flat markers may be installed. A flat marker may be substituted for the headstone if desired.

(12)      One headstone may be used for two or more contiguous conventional lots or family cremation lots owned by the same person or entity.

(13)      For an individual cremation lot, one flat marker is required and no additional markers, other than a government marker, shall be allowed.

(14)      The owner of two or more contiguous lots as a family plot may petition the Town Manager if the number or size of headstone and flat markers desired is not allowable under these rules.  Appeals of the Town Manager’s decision may be made in writing to the Selectboard, whose decision shall be final.

5-10     Enforcement

Unless otherwise authorized in this Chapter, an issuing officers authorized to enforce this Chapter shall be any Municipal Compliance Officer.


CHAPTER VI

DOG LICENSING AND ANIMAL CONTROL

6-1                   Authority to Enact Chapter

6-2                   Purpose of Chapter

6-3                   Definition

6-4                   Licensing – requirements and fees

6-5                   Licensing – prior years

6-6                   Inoculation Against Rabies

6-7                   Running At Large and Restraining By Leash In Commercial Districts and Parks

6-8                   Noisy Animals

6-9                   Clean-Up of Dog Feces

6-10                 Impounding – contracting for services

6-11                 Impounding of Dogs

6-12                 Release of Dogs from Impoundment

6-13                 Unclaimed Dogs

6-14                 Interference with impoundment prohibited

6-15                 Reporting of Animal Bites

6-16                 Vicious Dogs

6-17                 Vicious Dog Hearing

6-18                 Rabid Animals

6-19                 Dogs and Other Domestic Animals at Fairs, Festivals, Concerts and Other Public Events and Places

6-20                 Enforcement

 

6-1       Authority to Enact Chapter

This Chapter was duly adopted by the Legislative Body of the Town, the Selectboard, in accordance with 20 V.S.A. §3549 et seq. and 24 V.S.A. §2291 (10).

6-2       Purpose of Chapter

This Chapter has been adopted for the purpose of protecting public health, safety and order. The regulations set forth herein seek to achieve the aforementioned objectives by promoting the responsible care and supervision of domestic animals within the Town.

6-3       Definitions

Aggravated vicious dog shall mean any dog that maliciously attacks or otherwise bites a human or another domestic animal multiple times that results in serious injury or death.

At large shall mean off the premises of the owner, and not under the control of the owner nor under visual supervision, a member of his immediate family, or an agent of the owner, by leash, cord or chain so that at all times the dog may be prevented from causing any damage, disturbance, nuisance or annoyance. Notwithstanding, any dog accompanied by its owner or keeper on the premises of another with permission which is neither threatening to persons, livestock, domestic or wild animals, nor causing damage, disturbance, nuisance or annoyance and is in obvious control of or is obedient to the commands of its owner or keeper shall not be considered to be at large except as provided for herein.

Dog shall mean any canine breed or wolf-hybrid.

Person shall mean any person or persons, firm, association or corporation owning, keeping or harboring a dog. All violations provided for in this Chapter shall be issued to the person owning, keeping or harboring a dog.

Vicious dog shall mean any dog that attacks or otherwise bites a human or domestic animal that results in an injury.

6-4       Licensing – requirements and fees

(1)        It shall be unlawful for a person to keep a dog older than six months in age more than 90 days in any calendar year within the limits of the Town of Manchester, including the Village of Manchester, unless the dog is licensed in accordance with the requirements of the Vermont Statutes as are now in effect and as may be amended.

(2)        Notwithstanding subsection 1 of this section, dogs less than six months of age shall be licensed with the Town Clerk on or before the dog is six months of age.

(3)        No dog shall be licensed by the Town Clerk unless a valid rabies certificate, signed by a licensed veterinarian, has been provided to the Town Clerk.

(4)        For licensing between January 1 and April 1 of each year, the Town Clerk shall charge the fee established in Addendum A, plus any fees charged by the State of Vermont.

(5)        For licensing between April 2 and June 30 of each year, the Town Clerk shall charge the fee established in Addendum A, plus any fees charged by the State of Vermont.

(6)        For licensing between July 1 and December 31 of each year, the Town Clerk shall charge the fee established in Addendum A, plus any fees charged by the State of Vermont.

(7)        The person owning, keeping or harboring a dog that is licensed within 90 days of moving to the Town of Manchester or Village of Manchester or licensed before the dog is six months of age shall be afforded the licensing fee in subsection 3 of this section. After 90 days the person owning, keeping or harboring a dog shall be charged the appropriate fee in subsection 4 or subsection 5.

(8)        A violation of this section shall be considered a Second Degree civil violation. Any fines issued under this section shall be in addition to licensing fees due to the Town of Manchester.

6-5       Licensing – prior years

(1)        Failure to license a dog, as required in section 4 of this Chapter and subsequent ordinances, shall not nullify or void any fees or penalties otherwise due under section 4. The Town Clerk shall, whenever there is persuasive evidence that a dog was not licensed in prior calendar years but was kept or harbored in the Town of Manchester, shall collect dog licensing fees for the prior year. The Town Clerk shall assess the fee established in Addendum A, plus any fees charged by the State of Vermont. Anyone who disagrees with the Town Clerk’s finding may appeal to the Town Manager in writing within 15 days.

(2)        A violation of this section shall be considered a Second Degree civil violation.

6-6       Inoculation Against Rabies

(1)        All domestic pets, including but not limited to dogs and cats, shall be inoculated against rabies as required by the laws of the State of Vermont and any regulations adopted by the Vermont Commissioner of Agriculture.

(2)        A violation of this section shall be considered a Second Degree civil violation.

6-7       Running At Large and Restraining By Leash In Certain Areas

(1)        Unless otherwise provided for in this Ordinance, no person shall permit or cause any dog to go at large within the Town of Manchester and the Village of Manchester. An owner or any person responsible for any dog deemed to be running at large, shall be held to have permitted such dog to run at large. Any dog running at large may be impounded as provided for herein.

(2)        All dogs shall be on leashes and under the control of a responsible person whenever outside in the Town’s Commercial 1, Commercial 2 and Commercial 3 zoning districts, and on any public sidewalk, right of way and public parking lot, except when on the property of its owner.

(3)        A violation of this section shall be considered a Second Degree civil violation.

6-8       Noisy Animals

(1)        No person shall keep or harbor any dog or any other domestic animal that, by frequent or long continued noise, including but not limited to barking, disturbs the comfort or repose of persons off of the property where the dog is kept.

(2)        A violation of this section shall be considered a Third Degree civil violation.

6-9       Clean-Up of Dog Feces

(1)        Any person who owns a dog or is responsible for the keeping or control of a dog shall be responsible for immediately cleaning up and properly disposing of all dog feces when the dog is off the person’s property.

(2)        A violation of this section shall be considered a Third Degree civil violation.

6-10     Impounding – contracting for services

The Town Manager may enter into a contract or contracts with persons or firms for impoundment services and enforcement of this Chapter.

6-11     Impounding of Dogs

(1)        Any dog running at large on public land or land not owned by the dog’s owner, or otherwise in violation of this Chapter, may be impounded by any person designated by the Town for the control of dogs. Not later than two days after the impounding of any dog, the owner shall be notified, or if the owner of the dog is unknown, written notice shall be posted for at least three days in three or more conspicuous places in the Town describing the dog and the place and time of taking.

(2)        The owner of any dog so impounded may reclaim such dog upon full payment of the appropriate license fees established in sections 4 and 5, if unpaid, medical services provided by the Town, and all kennel fees and other charges required under this Chapter.

6-12     Release of Dogs from Impoundment

(1)        Any dog impounded under this Chapter shall be held or transported to a boarding kennel wherein it shall be kept until released by the authority of the impounding officer, or an authorized agent of the impounding officer.

(2)        The owner of any dog so impounded may affect the release of the dog after providing proof that such a dog is licensed, payment of any medical services provided by the Town, fees and fines and reasonable kennel fees for boarding of dogs at the impounding kennel.

(3)        In event that the dog does not have a current vaccination against rabies and the Town is unable to vaccinate the dog, in addition to boarding charges and penalties, the owner shall deposit the sum of $100 plus a sum equal to the amount otherwise due for licensing with the Town Clerk. If the dog is vaccinated and licensed within two business days of initial release, the Town Clerk shall refund $100 of the deposit previously paid to the Town.

6-13     Unclaimed Dogs

(1)        Unless sooner redeemed by payment, it shall be the duty of the pound keeper or other official designated by the Town Manager to keep all dogs so impounded for a period of seven days. If, at the expiration of seven days from and including the initial date of impoundment, such dog shall not have been redeemed, it may be sold, given away or destroyed. The Town Manager shall approve the sale, giving away or destruction of any dog.

(2)        Any owner, if known, who elects not to redeem his or her dog and does not pay the boarding fees and impoundment fees within thirty days of initial impoundment, may be assessed all such fees and charges in a civil action brought under this Chapter.

6-14     Interference with impoundment prohibited

(1)        It shall be unlawful for any person to interfere with the impounding of a dog under provision of this Chapter, or improperly release or attempt to improperly release an impounded dog contrary to this Chapter.

(2)        A violation of this section shall be considered a Second Degree criminal violation.

6-15     Reporting of Animal Bites

(1)        Health care providers shall  report a dog, cat or other animal bite to the Town Health Officer or the Town of Manchester Police Department within 24 hours, including the name, age and address with contact information of any person who has been bitten by an animal. The report shall be filed by the health care provider with as much information as possible and on the Vermont State Animal Bite Report form. The Manchester Police Department shall transmit all animal bite reports to the Town Health Officer forthwith.

(2)        A violation of this section shall be considered a Third Degree civil violation.

6-16     Vicious Dogs

(1)        It shall be unlawful for any dog to attack or otherwise bite a human or another domestic animal that results in an injury, and such dog shall be considered a vicious dog. A violation of this subsection shall be considered a Second Degree civil violation.

(2)        It shall be unlawful for any dog to maliciously attack or otherwise bite a human or another domestic animal multiple times that results in serious injury or death, and such dog shall be considered an aggravated vicious dog. A violation of this subsection shall be considered a First Degree civil violation.

6-17     Vicious Dog Hearing

(1)        Upon receiving a complaint that a dog is vicious, the Police Department or animal control officer shall promptly investigate the complaint and report any founded complaint to the Selectboard.

(2)        The legislative body, within seven days after receipt of a founded complaint from the Police Chief or a direct complaint from an alleged victim or owner of an animal allegedly attacked by the dog, shall investigate the charges and hold a hearing on the matter. If the owner of the dog which is the subject of the complaint can be ascertained with due diligence, the owner shall be provided with a written notice of the time, date and place of hearing and the facts of the complaint.

(3)        If the dog 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 be 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.

6-18     Rabid Animals

(1)        Any animal, including but not limited to dogs and cats, which is considered a rabies suspect shall be managed by the Town’s Health Officer in accordance with the rules of the Department of Health.

(2)        The owner of an animal suspected of having rabies that is not properly inoculated as required herein shall reimburse the Town for all costs incurred in conjunction with the impoundment, evaluation, testing, care and disposition of the animal.

6-19     Dogs and Other Domestic Animals at Fairs, Festivals, Concerts and Other Public Events and Places

(1)        The Chief of Police may prohibit dogs and other domestic animals at fairs, festivals, concerts and other public events, at his or her sole discretion, whenever the Chief of Police determines that the presence of dogs and other domestic animals may have a detrimental impact on the public safety and health of attendees of such events. The Chief of Police shall cause appropriate signage to be erected notifying people that dogs and other domestic animals are prohibited from certain public places and certain public events.

(2)        It shall be considered a Third Degree civil violation to bring a dog or other domestic animal into a public place that the Chief of Police has prohibited dogs and domestic animals from entering under subsection 1 of this Section.

6-20     Enforcement

Sworn officers of the Manchester Police Department, Municipal Compliance Officers, Health Officer and any person appointed by the Town Manager as an Animal Control Officer are hereby designated as the enforcement authority of this Chapter.

Notwithstanding any other provision of the Ordinance, fines under this Chapter for violations of Sections 6-6 through 6-18 shall be made in accordance with the requirements of 20 V.S.A. § 3550.


CHAPTER VII

REGULATION OF ALCOHOL

7-1                   Authority to Enact Chapter

7-2                   Purpose of Chapter

7-3                   Definitions

7-4                   Open Container – Prohibitions

7-5                   Alcohol at Town Parks

7-6                   Outdoor Consumption Licenses

7-7                   Permission to Sell Alcoholic Beverages at Town Parks and Town Rights of Way

7-8                   Catering Permits and Special Events Permits

7-9                   Enforcement

 

7-1       Authority to Enact Chapter

This Chapter was duly adopted by the Legislative Body of the Town, the Selectboard, in accordance with 24 V.S.A. §2291 (17) and (18).

7-2       Purpose of Chapter

This Chapter has been adopted for the purpose of protecting public safety and preserving public order through the adoption of regulations that restrict the public consumption of alcoholic beverages.

7-3       Definitions

Alcoholic beverage shall mean any beverage that contains alcohol such as malt, vinous or spirituous liquors as defined by Vermont state law.

Open container shall mean any container that contains an alcoholic beverage that is not otherwise permanently sealed or bottles of vinous beverages resealed by a restaurant pursuant to Department of Liquor Control regulations.

7-4       Open Container – Prohibitions

(1)        Except as provided for specifically in the Ordinances, it shall be unlawful for any person to consume any alcoholic beverage upon any publicly owned roadway, sidewalk, parking lot, Town park, except as provided for in section 5 of this Chapter, or in or upon any motor vehicle while moving or stationary in any of said places.

(2)        Possession of an open container of any alcoholic beverage in any public place, including motor vehicles, shall be prima facie evidence of a violation hereof.

(3)        A violation of this section shall be considered a Second Degree civil violation.

7-5       Alcohol at Town Parks

(1)        The consumption of alcohol shall not be permitted at Adams Park, except for sampling of alcoholic beverages as permitted by the Department of Liquor Control.

(2)        The consumption of alcohol shall not be permitted at the Factory Point Town Green, unless approved by the Chief of Police through a special permit.

(3)        To the extent allowed by applicable state law, alcohol may be consumed at the Dana L. Thompson Memorial Park between the hours of 12:00 noon and 9:00 P.M.; provided, that no container of alcohol may exceed 2 liters in volume, no liquor or beverages with an alcohol content greater than 16% shall be permitted under any circumstances at the Dana L. Thompson Memorial Park and possession shall be limited to not more than thirty-six ounces of malt beverages or other beverages with an alcohol content of less than 10% per person twenty-one years of age or older, or 375 milliliters of vinous beverages per person twenty-one years of age or older. The Police Department may disband any gathering of people that is, in its sole opinion, unruly or is otherwise disturbing the peace due to the presence of alcohol. The Chief of Police may, at his or her sole discretion, further restrict or prohibit the consumption of alcohol at the Dana L. Thompson Memorial Park.

(4)        The Chief of Police may, at his or her sole discretion, approve a special permit for the sale or consumption of alcohol in the Activity Room and lobby of the Park House at the Dana L. Thompson Memorial Park, provided that: (1) alcohol may be served only by a business licensed by the State of Vermont; (2) no alcoholic beverages greater than 16% alcohol may be served under any circumstances; (3) the licensed business provides the Parks and Recreation Director a valid certificate of insurance (that includes coverage for the serving of alcohol) for not less than $1,000,000 that names the Town specifically as an additional insured; (4) the business that is serving alcohol agrees, and signs an agreement, to hold harmless the Town of Manchester from any claims that may arise from the serving or consumption of alcohol; (5) alcohol may be served only between the hours of 12:00 noon until 10:00 P.M; and (5) the licensed business serving alcohol agrees to adhere to all state and local laws and regulations relating the serving and consumption of alcohol. The Town may require, at its sole discretion, insurance coverage greater than $1,000,000. The sampling of alcoholic beverages as permitted by the Department of Liquor Control may be allowed inside the Park House.

(5)        It shall be unlawful to have an open container or consume alcohol at the Dana L. Thompson Memorial Park within 100 feet of any organized game or practice of a youth organization, middle school (including but not limited to Manchester Elementary Middle School) or high school (including but not limited to Burr and Burton Academy).

(6)        A violation of this section shall be punishable as a Second Degree civil violation.

7-6       Outdoor Consumption Licenses

(1)        Any outdoor alcohol consumption permit issued by the Selectboard to a licensed establishment shall be subject to the following conditions: the license holder shall ensure that such outside consumption of alcoholic beverages does not result in unreasonable noise, so that the comfort and repose of any person in the vicinity is disturbed and patrons shall not be seated outdoors after 11:00 P.M.

(2)        A violation of this section shall be considered a Second Degree civil violation.

7-7       Permission to Sell Alcoholic Beverages at Town Parks and Town Rights of Way

The Chief of Police may allow, through a special permit, sale and consumption of alcohol by a licensed and insured person on the Factory Point Town Green, Dana L. Thompson Memorial Park, on Town roadways and sidewalks that are closed to traffic for Town sponsored events; provided that: (1) alcohol may only be served by a business licensed by the State of Vermont; (2) no alcoholic beverages greater than 16% alcohol may be served under any circumstances; (3) the licensed business provides the Chief of Police with a valid certificate of insurance (that includes coverage for the serving of alcohol) for not less than $1,000,000 that names the Town specifically as an additional insured; (4) the business that is serving alcohol agrees, and signs an agreement, to hold harmless the Town of Manchester from any claims that may arise from the serving or consumption of alcohol; (5) alcohol may only be served between 12:00 noon until 9:00 P.M.; provided, the Chief of Police may further restrict the hours of consumption; and (5) the licensed business serving alcohol agrees to adhere to all state and local laws and regulations relative to the serving and consumption of alcohol. The Town may require, at its sole discretion, insurance coverage greater than $1,000,000.

(2)        Nothing in this section shall subvert or otherwise replace permits required by the State of Vermont and the Town of Manchester for the sale of alcoholic beverages.

(3)        A violation of this section shall be considered a Second Degree civil violation.

7-8       Catering Permits and Special Event Permits

The Town Clerk may approve catering permits and special events permits to business and individuals otherwise licensed by the State of Vermont to sell alcoholic beverages. The Town Clerk shall notify the Police Department upon the approval of any catering permit and special events permit.

7-9       Enforcement

Sworn Police Officers of the Town of Manchester Police Department are hereby designated as the enforcement authority of this Chapter.


CHAPTER IX

VENDING, PEDDLERS AND DOOR-TO-DOOR SALES

9-1                   Authority to Enact Chapter

9-2                   Purpose of Chapter

9-3                   Definitions

9-4                   General Vendor Requirements and Conditions

9-5                   Vending Licenses – general

9-6                   Class I Vending Licenses (up to 100 square feet)

9-7                   Class II Vending Licenses (up to 200 square feet)

9-8                   Class III Vending Licenses – Farmers’ Markets

9-9                   Class IV Vending Licenses – Weekend Events

9-10                 Class V Vending Licenses – Temporary Vendors

9-11                 Exceptions and Exemptions

9-12                 Penalties

9-13                 Enforcement

 

9-1       Authority to Enact Chapter

This Chapter has been promulgated under the authority granted to the Legislative Body of the Town of Manchester by 24 V.S.A. § 2291(9).

9-2       Purpose of Chapter

The purpose of this Chapter is to allow for and regulate vending while promoting public safety, health, order and convenience upon highways, driveways, sidewalks, parking areas and other places that may be frequented by the public.

9-3       Definitions

The following definitions shall apply to this Chapter:

Door-to-door sale of goods and services is defined as the act of soliciting, selling or promoting goods, merchandise or services at private residences when the owner or the occupant of the private residence has not expressly requested such goods or services.

Merchandise shall mean goods, commodities, food products or any other item that can be sold on a retail or wholesale basis to the general public.

Vendor shall mean any person, organization or entity that sells merchandise at a non-permanent location, or that is not located within a legally existing structure in the Town of Manchester. This Chapter shall not apply to vendors who are exclusively selling fruits, vegetables or farm produce.

9-4       General Vendor Requirements and Conditions

The following requirements and conditions shall apply to all Class I, II, III, IV and V licenses:

(1)        It shall be unlawful for any vendor to sell merchandise without a license. A violation of this subsection shall be considered a First Degree civil violation.

(2)        Vendors shall adhere to all provisions of this Chapter. The Selectboard may impose additional restrictions and conditions upon licenses.

(3)        Failure to comply with the requirements of this Chapter may result in fines, as provided for herein, or revocation of current licenses or denial of future licenses by the Selectboard.

(4)        The Town Manager may suspend, for not more than 30 days, a license for failure to comply with the requirements or conditions of this Chapter. Vendors may appeal this decision in writing to the Selectboard.

(5)        At its sole discretion the Selectboard may require a cash bond, not to exceed $1,000, to ensure compliance with this Chapter. The bond, plus interest and minus any fines, shall be returned to the vendor when the license has expired, is surrendered, is not renewed or has been revoked by the Selectboard provided there has been full compliance with the terms of this Chapter.

(6)        Vendors shall not conduct business within the public right-of-way unless specifically authorized by the Selectboard, or during events sponsored by the Town of Manchester and approved by the Town Manager.

(7)        Vendors shall obtain written permission from the landowner of any property on which vending is to occur. Written permission shall be submitted with the license application each year. The Zoning Administrator shall provide comments to the Selectboard regarding any conflict with land use permits and the Selectboard may consider such comments during the licensing process at a public meeting.

(8)        All vending equipment, trailers and related items shall be removed from the vending location and Town’s Commercial 1, 2 and 3 districts each night or at the end of each business day.  Vending equipment may be stored in the commercial districts in a structure or building so that the equipment is not visible to the public.

(9)        Signage, including menus, for vendors may not exceed a total of eight (8) square feet per vendor.  Signage shall be defined as any wording or image related to the vending operation that is either free-standing or affixed to the outside of a vehicle, trailer or cart.  Neon, lighted signs and flags, other than the American flag and the flag of states and nations, are not permitted.  All signage shall be on the parcel where vending is to occur but not on sidewalks, walkways or the Town right of way.  The location, size and design of any signage outside of a vehicle, trailer or cart and not affixed to a vehicle, trailer or cart must be approved by the Selectboard.

(10)      Vending employee vehicles shall be parked in areas that are not generally used by customers or the general public.

(11)      Vendors agree to hold the Town harmless from any claims that may arise as a result of vending operations, including traffic accidents. Vendors shall submit with their application a current and valid certificate of insurance, naming the Town of Manchester as an additionally insured, for $500,000 per incident and $1,000,000 overall coverage, shall maintain such coverage during the term of the license, and shall promptly furnish proof of such coverage at the request of the Town at any time during the term of the license.

(12)      Vendors may operate only between the hours of 7:00 AM and 9:00 P.M. The Town Manager may, from time to time, modify this condition for special purposes or events.

(13)      Vendors may not dump or otherwise dispose of grey-water or any wastewater on-site. Vendors may not dispose of grey-water in Town- or privately-owned catch basins or sewer basins.

(14)      Vendors agree that it shall be the sole responsibility of the vendor to comply with all State licensing requirements including, but not limited to, health licenses, business licenses and tax licenses.

(15)      Vendors agree to timely collect and remit all applicable taxes and fees, including local option sales tax and meals tax.

(16)      Vendors shall not use exterior lights.

(17)      Vendors shall not operate within ten (10) feet of any and all adjacent property boundary lines without the prior written consent of the adjacent property owner and the approval of the Selectboard. Written permission must be submitted with all applications.

(18)      Vendors shall maintain the site of vending in a clean and neat state and shall be responsible for the appropriate disposal of all rubbish generated by their business or by patrons thereof.

(19)      Licenses issued under this Chapter shall be restricted to a specific location or physical address, as indicated in the license, and shall not be transferred or assigned to any other entity.  Licenses issued under this Chapter may be amended with approval of the Selectboard, to move locations, with no additional fee.

(20)      Licenses shall not be granted for more than twelve months; nothing in this Chapter shall be construed as creating a contract or obligation on the part of the Town of Manchester to grant or renew future licenses.

(21)      Vendors shall submit a copy of a State of Vermont “Meals and Rooms Tax License” or “Sales Tax License” with any license application.

(22)      It shall be unlawful to sell goods and services door-to-door, as defined in section 3 of this Chapter, in the Town of Manchester; provided, that not-for-profit organizations recognized by the Internal Revenue Service or the State of Vermont, religious organizations recognized by the Internal Revenue Service, not-for-profit educational institutions and political causes, parties or candidates or speech that is protected by the free speech provisions of the Constitution are exempt from the requirements of this Chapter. A violation of this subsection shall be considered a Second Degree civil violation.

(23)      It shall be unlawful for any person or organization to solicit funds or sell good or services on public rights of way, roadways, sidewalks, and parking lots in the Town of Manchester unless approved by the Town Manager, in writing and at his or her sole discretion. A violation of this subsection shall be considered a Second Degree civil violation.

(24)      Applicants for a vending license shall make application on a form provided by the Town Manager.  The Town Manager shall present all complete applications to the Selectboard for its approval or disapproval, except as provided herein.  To ensure timely approval, all applications should be submitted at least one month before the requested license would become effective.  The application shall include, but is not limited to, a description and photograph of the proposed equipment to be used, the name, address, telephone number and electronic mail address of the applicant and a detailed map of the area that will be used to vend and the location of any freestanding signage.  The Town Manager, Police Chief, Planning Director, Design Advisory Board or Planning Commission may make recommendations to the Selectboard.  Vendors shall seek and obtain the Selectboard’s approval each time the vendor relocates to another parcel or proposes to use new equipment, trailer or cart.

9-5       Vending Licenses – general

(1)        There shall be five separate classes of vending licenses, as established in sections 9-6, 9-7, 9-8, 9-9 and 9-10 of this Chapter.

(2)        Licenses authorized in 9-6, 9-7, 9-8 and 9-9 of this Chapter shall be approved or disapproved by the Selectboard, through a vote of the majority of Selectboard members present and voting. Licenses authorized in Chapter 9-10 of this Chapter shall be approved or disapproved by the Town Manager.

(3)        The Selectboard may not issue more than a total of six Class I and Class II vendor licenses at any given time; provided, that applications submitted by year round vendors licensed by the Town in the previous year with full payment before December 1 and in good standing shall be given preference by the Selectboard.

9-6       Class I Vending Licenses (up to 100 square feet)

(1)        A Class I License is defined as a sole proprietor, partnership, corporation, other for-profit entity or not-for-profit entity that operates a vending operation with a total footprint, including a vehicle used to store supplies, that is within fifty feet of the vending operation, of between one and one hundred square feet.  Each license allows a vendor to operate a single vending operation. Vendors shall make an application on a form provided by the Town Manager.

(2)        The fees for Class I licenses shall be established in Addendum A; provided, a different fee shall be established in Addendum A for vendors that operate between May 1 and October 31.

(3)        Class I vendors shall vend only on commercially zoned parcels on Main Street between the intersection of Equinox Terrace Road and the intersection of Memorial Avenue; and on Depot Street, between the intersection of Main Street and the intersection of East Branch Farm Road; and at the Dana L. Thompson Memorial Park upon the written approval of the Town Manager.

(4)        Class I vendors shall not use more than two (2) employees per location at any given time.

(5)        Vending vehicles and trailers shall be reviewed by the Design Advisory Board, who shall provide comments to the Selectboard. The Selectboard shall approve or disapprove vending vehicles and trailers.

(6)        Class I vendors may use one single pole umbrella not to exceed 10 feet in diameter.  Vendors may not use tents, canopies, awnings, or other multiple pole apparatus. Vendors may not use chairs or tables that are to be used by the public.

(7)        Under no circumstances shall a Class I vendor footprint exceed 100 square feet.

(8)        Class I vendors may sell only food and/or beverages.  All other merchandise is prohibited.

(9)        Vendors shall post a copy of the vending license in a conspicuous place for public examination at all times while in operation.

(10)      Gasoline and diesel powered generators shall not be permitted.

9-7       Class II Vending Licenses (up to 200 square feet)

(1)        A Class II License is defined as a sole proprietor, partnership, corporation, other for-profit entity or not-for-profit entity that operates a vending operation with a total footprint, including a vehicle used to store supplies that is within fifty feet of the vending operation, of between one hundred and one and two hundred square feet.  The Selectboard may limit the number of Class II vending licenses. Each license allows a vendor to operate a single vending operation. Vendors shall apply on a form provided by the Town Manager.

(2)        The fees for Class II licenses shall be established in Addendum A.

(3)        All Class II licenses shall run from January 1 to December 31 of any year.

(4)        Class II vendors shall vend only on commercially zoned parcels on Main Street between the intersection of Equinox Terrace Road and the intersection of Memorial Avenue; and on Depot Street, between the intersection of Main Street and the intersection of East Branch Farm Road; and at the Dana L. Thompson Memorial Park upon the written approval of the Town Manager.

(5)        Class II vendors shall not use more than three (3) employees per location at any given time.

(6)        Vending vehicles and trailers shall be reviewed by the Design Advisory Board, who shall provide comments to the Selectboard. The Selectboard shall approve or disapprove vending vehicles and trailers.

(7)        Class II vendors may use up to two single-pole umbrellas not to exceed ten feet each in diameter. Vendors may not use tents, canopies, awnings, or other multiple-pole apparatus.  Vendors may not use chairs or tables that are to be used by the public.

(8)        Under no circumstances shall a Class II vendor footprint exceed 200 square feet.

(9)        Class II vendors may sell only food and/or beverages. All other merchandise is prohibited.

(10)      Vendors shall post a copy of the vending license in a conspicuous place for public examination at all times while in operation.

(11)      Gasoline and diesel powered generators shall not be permitted.

9-8       Class III Vending Licenses – Farmers’ Markets

(1)        The Selectboard may, at its sole discretion, issue a license to an incorporated or organized farmers’ market association.

(2)        The fees for Class III licenses shall be established in Addendum A.

(3)        A vendor may sell only foods grown by the vendor or merchandise produced by the vendor; vendors may not resell merchandise.

(4)        Each vendor may not exceed a footprint of 200 square feet.

(5)        Licenses granted under this section shall run January 1 to December 31 of any given year

9-9       Class IV Vending Licenses – Weekend Events

(1)        The Selectboard may, at its sole discretion, grant a Class IV license to a sole proprietor, partnership, corporation, other for-profit entity or not-for-profit entity for an event not to exceed four consecutive days; provided, however, that the Selectboard may grant only two licenses per calendar year to an entity.

(2)        In addition to food and beverages, notwithstanding any other clause to the contrary, Class IV vendors may vend merchandise that includes arts and crafts, antiques, collectibles, and other such merchandise.

(3)        Notwithstanding any fees established in Addendum A, no fee charged under this section shall be less than $400 or greater than $1,000.

9-10     Class V Vending Licenses – Temporary Vendors

(1)        The Town Manager may grant a temporary license to a vendor, defined as a sole proprietor, partnership, corporation, other for-profit entity or not-for-profit entity that operates a vending operation with a total footprint, including a vehicle used to store supplies, that is within fifty feet of the vending operation, of between one and two hundred square feet; provided, that a vendor approved under this section may vend for not more than three consecutive days or more than seven days in any given calendar year. Licenses shall be issued for specific days. Each license allows a vendor to operate a single vending operation. Vendors shall make an application on a form provided by the Town Manager.

(2)        The fees for Class V licenses shall be established in Addendum A of this Code.

(3)        Class V vendors shall vend only on commercially zoned parcels on Main Street between the intersection of Equinox Terrace Road and the intersection of Memorial Avenue; and on Depot Street, between the intersection of Main Street and the intersection of East Branch Farm Road; and at the Dana L. Thompson Memorial Park upon the approval of the Town Manager.

(4)        Class V vendors may sell only food and/or beverages. All other merchandise is prohibited. Class V vendors may use one single pole umbrella not to exceed 10 feet in diameter.  Vendors may not use tents, canopies, awnings, or other multiple pole apparatus. Class V vendors may not use chairs or tables that are to be used by the public. Gasoline and diesel powered generators shall not be permitted.

(5)        Notwithstanding subsection 4 of this section, vendors at the Dana L. Thompson Memorial Park may vend food and beverages; and clothing, sports equipment, and merchandise whenever it is related to a particular event or tournament. Class V vendors at the Dana L. Thompson Memorial Park may use tents and awnings, provided that the footprint of the vending operation shall not exceed a total of 200 square feet.

(6)        Vendors shall post a copy of the vending license in a conspicuous place for public examination at all times while in operation.

9-11     Exceptions and Exemptions

(1)        The provisions of this Chapter shall not apply to events administered by the Town of Manchester or the Manchester School District.

(2)        This Chapter shall not be construed to govern garage sales, tag sales, lawn sales or lemonade stands and other similar temporary, casual occurrences that are operated by town residents on parcels zoned residential and with annual revenues less than $500.

9-12     Penalties

(1)        Except as otherwise provided for in this Chapter, any violation of this Chapter shall be considered a Second Degree civil violation.

(2)        Failure to pay fines, unless otherwise appealed, within fourteen days shall result in the revocation of the vendor’s license.

(3)        Whenever possible, fines shall be issued to the licensed vendor and not an employee of the vendor.

9-13     Enforcement

Sworn police officers of the Manchester Police Department and any Municipal Compliance Officer are hereby designated as the enforcement authority for this Chapter. The Town may make periodic site visits to licensed vendors to ensure compliance with the provisions of this Chapter.


CHAPTER XI

FIRE DEPARTMENT

11-1                 Authority to Enact Chapter

11-2                 Purpose of Chapter

11-3                 Definitions

11-4                 Burning and Burn Permits

11-5                 Outdoor Boilers

11-6                 Hazardous Materials Response by Fire Department

11-7                 Enforcement

 

11-1     Authority to Enact Chapter

This Chapter was duly adopted by the Legislative Body of the Town, the Selectboard, in accordance with 10 V.S.A. § 565, 24 V.S.A. § 1956 and 24 V.S.A. §2291 (14).

11-2     Purpose of Chapter

The purpose of this Chapter is to provide for the public safety, to regulate nuisances related to fires and burning in the Town of Manchester and provide for the reimbursement of costs associated with hazardous materials responses.

11-3     Definitions

Burning shall mean the intentional lighting of material on fire or the maintaining of materials on fire.

Contained fires and contained burning shall mean any fire in a container or pit that is surrounded by non-combustible material such as stone, masonry material or metal.

Open fires and open burning shall mean any fire that is not in a container or pit that is surrounded by non-combustible material.

Costs shall mean all reasonable and necessary expenses that are incurred by the Town of Manchester as a direct result of the hazardous materials emergency response, including but not limited to the following:

(a)        Emergency response, incident assessment, control, containment and abatement of a hazardous materials incident, to include costs associated with transportation and temporary storage of hazardous materials if such transportation and temporary storage is necessary to control and contain the hazardous materials incident.

(b)        Ensuring the safety of the public, both on and off the site of the hazardous materials incident.

(c)        Repairing or replacing equipment if said equipment was damaged or destroyed as a direct result of the hazardous materials incident.

(d)       Equipment, including rental equipment, utilized by the Town of Manchester to the extent such labor and equipment is necessary for emergency response, incident assessment, control, containment and abatement of the immediate hazard.

(e)        Contract labor and equipment utilized by the Town of Manchester for emergency response, incident assessment, control, containment and abatement of the immediate hazard.

(f)        Overtime costs for compensation of Town of Manchester employees for the time devoted specifically to the hazardous materials incident.

(g)        Labor and equipment utilized by the Town of Manchester via a mutual aid agreement for emergency response, incident assessment, control, containment or abatement of the immediate hazard.

(h)        Disposable materials and supplies consumed and expended as a result of the hazardous materials incident, including but not limited to, absorbents, foams, neutralization agents, over pack drums or containers.

(i)         Decontamination of equipment that is contaminated during the hazardous materials incident.

(j)         Laboratory costs for purposes of analyzing samples taken during the release or incident.

Hazardous material means a substance or material that the United States Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and is designated as hazardous under section 5103 of Federal Hazardous Materials Transportation Law (49 U.S.C. 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 C.F.R. 172.101), and materials that meet the defining criteria for hazard classes and divisions in 49 C.F.R. 173.

Hazardous material incident means actual or threatened release of a hazardous substance or material, including hazardous waste, which poses an imminent threat to the environment and/or to the health, safety or welfare of the population and requires emergency response, incident assessment, control, containment or abatement of the immediate hazard.

Person means an individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, governmental entity, or any other legal entity.

Release shall mean the accidental or intentional, sudden or gradual spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment (including the abandonment or discarding of barrels, containers and other receptacles containing any hazardous material or substance, waste, pollutant or contaminant) whether such release occurs from a fixed facility or while the materials are being transported.

Responder means any person authorized to participate in a coordinated emergency response to a hazardous material incident.

(g)        Emergency response shall mean the provision of authorized assistance during and following a hazardous material incident and to reduce the likelihood of secondary damage, and may include incident assessment, control, containment or abatement of the immediate hazard.

(h)        Responsible party shall mean the person or persons who cause or allow a release of a hazardous material or substance or who had custody or control of the hazardous material or substance at the time of such release.

11-4     Burning and Burning Permits

(1)        Except as provided in this Chapter, the burning of any solid waste by open fire is prohibited in the Town of Manchester unless the practice has been approved by the Department of Environmental Conservation.

(2)        To the extent allowed by the Vermont Air Pollution Control Regulations, a specific permit may be granted by the Fire Warden, Deputy Fire Warden or Key Person for the following types of burning:

(a)        The open burning of leaves, brush, garden wastes, slash, slabwood, and other such natural wood wastes resulting from property maintenance, logging operations, and clearing operations.

(b)        The open burning of natural wood, grass, leaves, and similar materials for agricultural improvement, forest, or wildlife habitat management or festive celebrations.

(c)        After providing notice to the Vermont Department of Environmental Conservation, and necessary demolition permits for the disposal of asbestos and lead paint, the burning of solid or liquid fuels or structures for bona fide fire training, provided that materials other than natural wood are removed from any structures to the greatest extent possible, prior to the training.

(d)       Burning of natural-wood demolition or construction materials and natural-wood commercial wastes such as pallets or skids, provided such burning is approved by the Department of Environmental Conservation.

(e)        Any fire container that is more than seventy-two inches in diameter or any fire that is more than seventy-two inches in height shall be considered a bonfire and shall require a permit from the Fire Warden, Deputy Fire Warden or Key Person.

(f)        The open burning of natural wood by the Town of Manchester in accordance with 10 V.S.A. Section 565.

(3)        Any person or organization permitted under subsection 2 of this section shall be responsible for the safety of the fire and shall ensure that an adequate water supply is available to control a fire.

(4)        The Fire Warden, Deputy Fire Warden or Key Person shall not issue a permit unless satisfied that no hazardous condition will be created by such burning and the emission of air contaminants will not create a danger to the health and property of the citizens of the Town of Manchester. Permits which are issued under the provisions of this Chapter shall be for a specified date(s), time(s), and location(s), and for specific materials.

(5)        The provisions of this Chapter shall not apply to the following:

(a)        Burning of natural wood or any fuel in a furnace to provide heat for a building or structure or for preparing food on a cooking appliance inside of a building or structure.

(b)        Burning of natural wood or any fuel for evaporators related to maple syrup production.

(c)        Burning of natural wood or any fuel for cooking food on outdoor barbecues, grills, smokers and other similar appliances with a cooking surface less than twelve square feet, including cooking of food by vendors licensed under Chapter IX.

(d)       Contained fires governed by subsection 8 of this Chapter.

(e)        Contained fires at properties permitted as campgrounds under Chapter III.

(6)        Burning shall be allowed by permit from 7:00 AM to 9:00 PM on Mondays, Tuesdays, Wednesdays, Thursdays, Fridays and Saturdays.

(7)        Burning shall not be allowed under the following conditions:

(a)        On parcels less than one-quarter of an acre.

(b)        Burning of rubbish, trash, hazardous materials, and materials that cause noxious or hazardous smoke or fumes.

(c)        Within fifty (50) feet of a neighboring property line or within fifty (50) feet of any structure larger than 120 square feet.

(d)       Within fifty (50) feet of a wooded area or beneath canopies, natural or otherwise.

(8)        Fires contained in a receptacle, pit or similar container shall be allowed without a burn permit; provided, that the following conditions are met:

(a)        The fire is located on a parcel at least one-quarter of an acre in size.

(b)        The fire is located on a parcel that is not in the Commercial 1, Commercial 2 or Commercial 3 zoning districts.

(c)        The fire is located at least twenty (20) feet from any structure larger than 120 square feet and twenty (20) feet from any adjacent property line.

(9)        Fires contained in a receptacle, pit or similar container and use propane, natural gas, ethanol or similar fuels that produce no smoke shall be exempt from the provisions of subsection 8 of this section.

(10)      In addition to any other penalties established in this Chapter, burning in violation of this Chapter or burning that causes the Fire Department or other emergency personnel of the Town to respond to an incident may be responsible for reimbursing the Town of Manchester for costs, including labor, equipment and materials. The labor rate shall be billed at $50.00 per person, per hour for the purposes of this section.

11-5     Outdoor Boilers

Outdoor boilers used to heat structures and installed after the enactment of this Chapter, in addition to any requirements of Chapter III of these Ordinances and any other state or federal regulations, shall be installed not less than fifty feet from any adjacent structure on an adjacent parcel.

11-6     Hazardous Materials Responses and Reimbursement

(1)        The responsible party shall be liable for the payment of all reasonable and necessary costs incurred by the Town of Manchester, its Fire Department, mutual aid departments, other agencies of the Town or its agents for emergency response, incident assessment, control, containment or abatement of the immediate hazard as a direct result of  the hazardous material incident. The authority to recover costs under this article shall not include costs incurred for actual fire suppression service that is normally or usually provided within the Town of Manchester by the Fire Department or its authorized agents.

(2)        The Chief of Police shall be charged with determining the responsible party.

(3)        When responding to a hazardous material incident, the emergency response agencies of the Town of Manchester, including the Fire Department, Police Department, Department of Public Works, Water and Sewer Departments and other Town officials and employees, shall keep a detailed record of all the costs attributable thereto, including equipment and vehicles, personnel and supplies and materials.

Notwithstanding any other payments normally made to Fire Department employees, the Town shall compensate Fire Department employees at a rate of $15.00 per hour for firefighters and $20.00 per hour for officers, including chiefs, captains and lieutenants for incidents that involve hazardous material incidents.

All personnel costs not related to the Fire Department shall be billed at 140 percent of the hourly rate in order to recover costs associated with fringe benefits.

All equipment costs shall be billed using the most recent reimbursements rates established by the Federal Emergency Management Agency (https://www.fema.gov/schedule-equipment-rates).

(4)        The Fire Chief or his or her designee shall be responsible for collecting invoices, timesheets and other such documents from emergency response agencies.

(5)        The Town Manager or his or her designee shall be responsible for invoicing the responsible party and the insurance company of the responsible party.

The Town Manager or his or her designee shall submit one or a series of consolidated invoices to the responsible party that identify the costs related to responding to the hazardous materials incident; provided, however, that whenever the total cost of the response is less than $500 the Town Manager, at his or her sole discretion, may opt to waive the requirements of this subsection.

The responsible party shall reimburse the Town of Manchester within 60 days of the Town of Manchester invoicing the responsible party. After 60 days, the provisions of Chapter I, section 24 (Collection of Fees and Interest for Late Payments) shall govern late fees and interest.

11-7     Enforcement

Any sworn officer of the Manchester Police Department or any Municipal Compliance Officer shall be designated as the enforcement officer of this Chapter.


CHAPTER XII

SECURITY AND FIRE ALARMS

12-1                 Authority to Enact Chapter

12-2                 Purpose of Chapter

12-3                 Definitions

12-4                 Registration Requirement

12-5                 Alarm Permit Fees

12-6                 Device Dialing Number

12-7                 Limitations on Dialing

12-8                 Dialing Dial Delay

12-9                 Timing of Device

12-10               Disconnection or Deactivation of Alarm

12-11               Administrative Rules

12-12               False Alarms – penalties

12-13               Repeat Violations of this Chapter

12-14               Limitation of Liability

12-15               Failure to Report An Activated Alarm

12-16               Providing False Reports of Emergencies

12-17               Exemptions

12-18               Enforcement

 

12-1     Authority to Enact Chapter

The Chapter has been promulgated under the authority granted to the Town’s legislative body, the Selectboard, under 24 V.S.A. §2291 (14).

12-2     Purpose of Chapter

This Chapter has been adopted to protect public safety and welfare by enacting regulations and procedures that reduce the likelihood of false alarms. False alarms are a public nuisance, needlessly waste the time and resources of the Town’s public safety departments, and may negatively impact the preparedness and responsiveness of police, fire, rescue and other public safety personnel.

12-3     Definitions

Alarm system shall mean any device that automatically calls or otherwise contacts the emergency telephone number of the Police Department, Fire Department, Rescue Squad, State Police, Vermont emergency dispatch center, 9-1-1, a privately operated central station or answering service and uses a pre-taped, pre-recorded or other electronic means to indicate that an emergency, including but not limited to fire, smoke, gases, intruders, may exist or that the services of the Police Department, Fire Department, Rescue Squad or other town public safety department or function are needed. Alarm system shall also mean any alarm device that automatically emits an audible, visual or other response upon the occurrence of any hazard or emergency, and is intended to alert a person outside the building to the existence of a possible hazard or emergency or any system that allows persons to activate a so-called panic button. Alarm systems shall not include residential fire, smoke, gas or security alarms or alarms on motor vehicles; provided that the alarm does not automatically call the emergency telephone number of the Police Department, Fire Department, Rescue Squad, State Police, Vermont emergency dispatch center, 9-1-1, a privately operated central station or answering service.

False alarm shall mean the activation of an Alarm System through negligence of an alarm user or employee, improper installation or programming, mechanical or electronic failure, malfunction, or any other cause that may result in the police, fire, rescue or other public safety personnel responding, where it is determined by reasonable suspicion that no criminal or emergency activity or attempted criminal or emergency activity has occurred.

12-4     Registration Requirement

(1)        Each alarm system maintained in the Town of Manchester and Village of Manchester shall be registered by the person operating the alarm system, or the owner, lessee, or occupant of the property on or before April 1 of each year with the Manchester Police Department on a form approved by the Town Manager. The registration form shall include the Annual Alarm Registration Fee as established in Addendum A of the Code.

(2)        The Chief of Police of the Manchester Police Department is authorized to grant a revocable First Class Permit or Second Class Permit, as defined by section 5 of this Chapter, to any person or organization operating the alarm system, or the owner, lessee, or occupant of the property located in the Town of Manchester or Village of Manchester in order to operate, maintain, install or modify an alarm system. No alarm system shall be allowed to operate unless a permit has been issued by the Chief of Police.

(3)        A violation of this section shall be considered a Second Degree civil violation.

12-5     Alarm Permit Fees

(1)        First Class Permit shall apply to any alarm system installed and operated in any structure open to the public or used for commercial, retail or industrial purposes or is a residential structure with more than three separate dwellings. The fee for a First Class Permit shall be established in Addendum A.

(2)        Second Class Permit shall mean any alarm system installed in a structure designed and used primarily for human habitation with three or less separate dwellings. The fee for a Second Class Permit shall be established in Addendum A

12-6     Device Dialing Number

(1)        All alarm systems that dial the Manchester Police Department and Fire Department shall be programmed to dial the numbers assigned by the Chief of Police.

(2)        A violation of this section shall be considered a Third Degree civil violation.

12-7     Limitations on Dialing

(1)        No person shall use, operate or install any dialing device that will, upon activation, automatically dial, call or connect with the telephone number designated by the Chief of Police in section 6 of this Chapter, for the purpose of receiving such alarms, more than two times for any one emergency incident.

(2)        A violation of this section shall be considered a Third Degree civil violation.

12-8     Dialing Delay

(1)        Upon the activation of a burglary (break-in) alarm or motion sensor, there shall be a mandatory delay of at least fifteen seconds before the transmission of a signal to the Police Department, to enable the user to abort the signal in the event that the signal was inadvertent. This fifteen second delay shall not apply to robbery (hold-up), panic buttons, fire or medical emergency alarms.

(2)        A violation of this section shall be considered a Third Degree civil violation.

12-9     Timing of Device

(1)        With the exception of fire alarms, users of alarm systems emitting an audible, visual, or other response shall install, or cause to be installed, an automatic timing device that shall deactivate the alarm so that it will remain activated for no more than fifteen minutes.

(2)        A violation of this section shall be considered a Third Degree civil violation.

12-10   Disconnection or Deactivation of Alarm

In the event that an alarm system emitting an audible or other similar response shall fail to deactivate within the time limitation specified in section 9, subsection 1 of the Chapter, the Town shall have the right to take action, including entry, as may be necessary in order to disconnect or deactivate any such alarm. The Town shall not be responsible for any reasonable damage caused by any entry necessary to disconnect or deactivate an alarm.

12-11   Administrative Rules

The Chief of Police and Fire Chief shall determine police and fire responses to alarms, and such information shall be confidential for the protection of persons responding to alarms.

12-12   False Alarms – penalties

(1)        The first false alarm, as defined by section 3 of this Chapter, in a calendar year may result in a verbal warning.

(2)        The second false alarm, as defined by section 3 of this Chapter, in a calendar year may result in a written warning.

(3)        The third false alarm, as defined by section 3 of this Chapter, in a calendar year shall be considered a Second Degree civil violation.

(4)        The fourth false alarm and subsequent false alarms, as defined by section 3 of this Chapter, in a calendar year shall be considered a First Degree civil violation.

12-13   Repeat Violations of this Chapter

Repeated violation of this Chapter may result in the revocation of the permit by the Chief of Police.

12-14   Limitation of Liability

The Town of Manchester and its officers shall not be under any obligation or duty to an alarm user, or to any other person hereunder, by reason of this Chapter. The Town of Manchester specifically disclaims liability for any damages or injuries that may be caused by failure to respond to an alarm or for a delayed response to an alarm.

12-15   Failure to Report An Activated Alarm

(1)        It shall be unlawful for any person charged with the maintenance, supervision or operation of a public building or building open to the public to not report an alarm to public safety personnel or take action so that an alarm is not reported to public safety personnel.

(2)        It shall be unlawful for any person to take action so that an alarm in a building open to the public is not reported to public safety personnel.

(3)        A violation of this section shall be considered a First Degree criminal violation.

12-16   Providing False Reports of Emergencies

(1)        It shall be unlawful for any person to intentionally report or cause an alarm to report an emergency situation unless an emergency situation exists or the person has reasonable belief that an emergency situation may exist.

(2)        A violation of this section shall be considered a First Degree criminal violation.

12-17   Exemptions

The Town of Manchester and the Manchester School District are exempt from this Chapter, except sections 12 and 13.

12-18   Enforcement Officer

Sworn officers of the Manchester Police Department are hereby designated as the enforcement authority for this Chapter.


CHAPTER XIII

ROADWAYS, BRIDGES, SIDEWALKS, PARKING LOTS AND STREETLIGHTS

13-1                 Authority to Enact Chapter

13-2                 Purpose of Chapter

13-3                 Definitions

13-4                 Maintenance and Repairs of Town Roadways, Sidewalks, Parking Lots and Streetlights

13-5                 Town Roadways – general

13-6                 Town Roadways – maintenance

13-7                 Application to Accept a Roadway as Town Roadway

13-8                 Standards for Town Roadways

13-9                 Standards for Town Sidewalks

13-10               Town Roadway Signage

13-11               Use of Town Roadways, Rights of Way, Sidewalks and Parking Lots for Solicitation – prohibition

13-12               Use of Town Sidewalks

13-13               Use of Town Sidewalks for Dining

13-14               Skateboarding, Rollerblading and Rollerskating on Town Roadways and Sidewalks

13-15               Maintenance of Culverts

13-16               Removal of Snow and Ice and Debris from Town Sidewalks

13-17               Plowing of Snow and Ice and Depositing of Debris onto Town Roadways and Sidewalks

13-18               Discharge of Water onto Town Roadways and Rights of Way

13-19               Removal of Trees from Town Rights of Way

13-20               Streetlights

13-21               Private Signage in Town Rights of Way

13-22               Naming of Public and Private Roadways

13-23               Street Numbering of Properties

13-24               Maintenance of Grassed Rights of Way

13-25               Enforcement


13-1     Authority to Enact Chapter

This Chapter was duly adopted by the Legislative Body of the Town, the Selectboard, in accordance with 24 V.S.A. 2291 (1), (2), (3), (4) and (16); and 24 V.S.A. 4421.

13-2     Purpose of Chapter

This Chapter has been adopted in order to provide for public safety and convenience, and to provide for the maintenance, repair and improvement of Town owned roadways, bridges, sidewalks, parking lots and streetlights.

13-3     Definitions

Public sidewalk shall mean any sidewalk owned and maintained by the Town of Manchester or any sidewalk adjacent to a public roadway and located on a commercially permitted parcel and used by pedestrians as part of the sidewalk network.

Town parking lots shall mean the parking lot located off of Memorial Avenue, and referred to as 32-50-50 on the Town’s tax map; and the parking lot located at the intersection of Elm Street and Highland Avenue, and referred to as 37-50-35 on the Town’s tax map.

Right of way shall mean any public right of way, owned by the Town of Manchester and the State of Vermont either by implied consent or by deed. Whenever a public right of way is controlled by the Town through implied consent, the right of way shall be three rods in width, and one-and-a-half rods from the centerline of the roadway or the presumed center of the roadway.

Road Commissioner shall mean the duly appointed Town Manager.

Traveled roadway, traveled way and roadway shall mean the portion of a right of way improved, designed, or ordinarily used for vehicular traffic.

13-4     Maintenance and Repairs of Town Roadways, Sidewalks, Parking Lots and Streetlights

Unless otherwise provided for in these Ordinances, maintenance and repairs of Town roadways, sidewalks, parking lots and streetlights shall be performed by the Department of Public Works under the supervision of the Director of Public Works as provided for in this Chapter; provided, that streetlights provided for by the electric utility shall be maintained and repaired by the electric utility.

13-5     Town Roadways – general

The Town shall maintain the following roadways within the borders of the Town of Manchester, not including the Village of Manchester:

Class 1 Roadways:

Town Highway 1-1: Rt. 7A (Main Street) from Ways Lane to Beech Street

Town Highway 1-2: Rt. 11/30 (Depot Street) from Dufresne Pond Road to Rt. 7A (Main Street)

Town Highway 1-3: Rt. 30 (Bonnet Street) from Rt. 7A (Main Street) to (and including) the bridge across the West Branch of the Battenkill River

Class 2 Roadways:

Town Highway 2-4: River Road from the Village of Manchester to the Sunderland Town Line

Town Highway 2-5: Center Hill Road

Town Highway 2-6: Richville Road

Town Highway 2-7: North Road

Town Highway 2-8: High Meadow Way

Town Highway 2-9: Union Street from Richville Road to (but not including) the bridge across the Battenkill River

Town Highway 2-10: Barnumville Road from Rt. 7A to the Winhall Town Line

Town Highway 2-11: East Manchester Road

Class 3 Roadways:

Town Highway 3-8: Highland Avenue

Town Highway 3-9: Spruce Street

Town Highway 3-10: Elm Street

Town Highway 3-11: Three Maple Drive from West Road to the Dorset Town Line

Town Highway 3-12: Wideawake Road

Town Highway 3-13: [Intentionally omitted]

Town Highway 3-14: Pinetree Lane in its entirety from Beartown Road for a distance of 0.34 miles

Town Highway 3-15: Cross Road

Town Highway 3-16: Pat Kelley Road, from the intersection with Bonnet Street for a distance of 0.04 miles

Town Highway 3-17: [Intentionally omitted]

Town Highway 3-18: Mount Aeolus Road

Town Highway 3-19: Windhill Road

Town Highway 3-20: Overlook Road

Town Highway 3-21: Beech Street

Town Highway 3-22: Johnnycake Road from Barnumville Road for a distance of 0.58 miles

Town Highway 3-23: Grandview Lane from Canterbury Lane for a distance of 0.09 miles

Town Highway 3-24: Dufresne Pond Road from Depot Street for a distance of 0.38 miles

Town Highway 3-25: Butternut Lane from Depot Street for a distance of 0.14 miles

Town Highway 3-26: Rootville Road from Depot Street for a distance of 0.60 miles

Town Highway 3-27: [Intentionally omitted]

Town Highway 3-28: Lincoln Avenue from Richville Road for a distance of 0.23 miles

Town Highway 3-29: Memorial Avenue from Main Street for a distance of 0.11 miles to School Street

Town Highway 3-30: [Intentionally omitted]

Town Highway 3-31: Squires Road from North Road to the Dorset Town Line

Town Highway 3-32: Lye Brook Road from Richville Road for a distance of 0.34 miles

Town Highway 3-33: Cass Terrace

Town Highway 3-34: [Intentionally omitted]

Town Highway 3-35: Muddy Lane from River Road to Main Street (Route 7A)

Town Highway 3-36: Silver Springs Lane from the intersection with Wilcox Lane for a distance of 0.73 miles

Town Highway 3-37: Bentley Hill Road from Route 7A for a distance of 0.52 miles

Town Highway 3-38: Bentley Hill Road from the Sunderland Town Line east for 0.13 miles to the intersection

Town Highway 3-39: [Intentionally omitted]

Town Highway 3-40: Park Place

Town Highway 3-41: Cemetery Avenue

Town Highway 3-42: Riverside Heights, from the intersection of Depot Street south for 0.20 miles

Town Highway 3-43: School Street

Town Highway 3-44: Wyman Lane

Town Highway 3-45: Cottage Street, from the intersection of Depot Street south for 0.12 miles

Town Highway 3-46: Mountain View Terrace

Town Highway 3-47: [Intentionally omitted]

Town Highway 3-48:  Loretta Avenue, from the intersection with Depot Street south for 0.61 miles

Town Highway 3-49: Applewood Lane

Town Highway 3-50: Silver Springs Lane, from the intersection of Main Street/Route 7A west for approximately 0.80 miles but not including Wilcox Lane (discontinued in 2015)

Town Highway 3-51: Lathrop Lane from the border of the Town of Sunderland north for 0.16 miles

Town Highway 3-52: Hillcrest Road

Town Highway 3-53: Jennifer Lane

Town Highway 3-54: Hillvale Road

Town Highway 3-55: Powderhorn Road

Town Highway 3-56: Canterbury Lane from Barnumville Road north for 0.45 miles

Town Highway 3-57: Village View Road from the intersection with Canterbury Lane for 0.33 miles

Town Highway 3-58: Ledges Lane from the intersection of Overlook Road for 0.11 miles

Town Highway 3-59: [Intentionally omitted]

Town Highway 3-60: Middle Road in its entirety (a distance of 0.07 miles)

Town Highway 3-61: Upper Road in its entirety (a distance of 0.22 miles)

Town Highway 3-62: Brookside Road and Hills Way

Town Highway 3-63: Birch Hill Drive

Town Highway 3-64: Deer Meadow Road

Town Highway 3-65: Airport Road from the intersection of Richville Road for 0.16 miles

Town Highway 3-66: Poplar Lane

Town Highway 3-67: Nottingham Road

Town Highway 3-68: Little John Road

Town Highway 3-69: Bond Street

Town Highway 3-70: Leland Drive

Town Highway 3-71: [Intentionally omitted]

Town Highway 3-72: New Ireland Road

Town Highway 3-73: [Intentionally omitted]

Town Highway 3-74: [Intentionally omitted]

Town Highway 3-75: Peace Street

Town Highway 3-76: Roberts Road

Town Highway 3-77: Glen Road

Town Highway 3-78: Benson Road

Town Highway 3-79: Bromley Brook Road

Town Highway 3-80: Bromley Brook Road

Town Highway 3-81: Woods Point Road

Town Highway 3-82: Natural Form Way (formerly Applejack Road)

Town Highway 3-83: Irene Way (accepted September 30, 2014)

Class 4 Roadways:

Town Highway 4-10: Elm Street Extension from Elm Street to Depot Street (also known as Skunk Hollow)

Town Highway 4-13: Beartown Road from Three Maple Drive to Camptown Road, a private roadway

Town Highway 4-16: Pat Kelley Road

Town Highway 4-26: Rootville Road 0.60 miles from the intersection of Depot Street to the Town of Winhall

Town Highway 4-34: Sugarhouse Lane from the intersection of Richville Road for 640 feet (reclassified in 2015)

Town Highway 4-37: Bentley Hill Road from the Sunderland Town Line for a distance of 1.00 miles

Town Trails:

Beartown Road from Camptown Road (a private roadway) to the Sandgate Town Line

Rootville Road from 0.6 miles from the intersection of East Manchester Road to the Winhall Town Line

13-6     Town Roadways – maintenance

(1)        The Town shall provide winter and summer maintenance of Class 1, Class 2 and Class 3 roadways.

(2)        The Town shall provide limited summer maintenance and drainage maintenance, at the discretion of the Road Commissioner, of Class 4 roadways; and shall not provide winter maintenance of Class 4 roadways.

(3)        The Town shall provide no maintenance of Town trails except as otherwise expressly authorized by the Road Commissioner.

13-7     Application to Accept a Roadway as Town Roadway

(1)        A proponent who has a legal interest in a parcel of land or right of way may apply to the Selectboard, in writing, for the Town to accept a parcel of land or right of way as a Town roadway. An application shall be considered complete when it is accompanied by proof from an attorney licensed in the State of Vermont that the proponent has a legal right to convey the parcel or right of way, a survey of the parcel or right of way by a surveyor licensed in the State of Vermont, engineering plans (if applicable), certification from a licensed engineer that the roadway being proposed as a Town roadway meets the conditions of section 8 of this Chapter, and a non-refundable fee of $1,000.00, which shall be applied to any costs associated with the review of engineering plans, right of way documents and surveys, and construction inspection.

(2)        When the requirements of subsection 1 of this section are satisfied the Selectboard may consider the acceptance of the roadway as a Town roadway at a warned public meeting pursuant to state law.

13-8     Standards for Town Roadways

(1)        The Town of Manchester hereby adopts the Agency of Transportation Town Road and Bridge Standards.

(2)        The Selectboard may consider acceptance of a roadway as a Town roadway if the following criteria are satisfied:

(a)        The right of way shall be at least three rods wide (49.5 feet). The traveled way shall be paved and at least twenty feet wide to include two, ten foot lanes. Nothing in this section shall prohibit the Town from requiring a wider roadway based on projected or potential traffic volume.

(b)        The shoulder of the roadway shall be at least two feet wide on both sides of the traveled way.

(c)        The roadway shall be laid out in a manner so that the roadway does not exceed a grade of 9 percent.

(d)       The roadway subbase shall be excavated to firm soil, as determined by the Director of Public Works. All unstable materials shall be removed. The Director of Public Works may require independent testing to ensure that compaction of the subbase is at least 95%.

(e)        The roadway base shall be not less than twelve inches of material acceptable to the Director of Public Works, and six inches of crushed gravel acceptable to the Director of Public Works.

(f)        The roadway shall be paved with three inches of ¾-inch diameter stone bituminous asphalt base; and two inches of ½-inch diameter stone bituminous asphalt topcoat. At the discretion of the Director of Public Works, the Town may require a so-called tack coat between the base and topcoat.

(g)        At the discretion of the Director of Public Works, any shoulders with a slope greater than 1:3 shall require the installation of acceptable guardrail, to the most recent standards adopted by the Agency of Transportation.

(h)        The roadway shall have a stormwater plan, based on a hydro-study conducted by a qualified professional, and acceptable to the Town engineer and the Director of Public Works. The plan shall include ditches, catch basins, culverts, drainage piping, stormwater discharge areas and retention areas, treatment systems and other such related infrastructure.

(i)         At the discretion of the Director of Public Works, the Town may require the removal of vegetation, including trees that infringe on the right of way or may be a safety hazard, dead or dying trees, brush, large stones, and any other obstacles that infringe upon the traveled way or may create safety hazards.

(j)         Areas outside of the shoulder but within the right of way shall be stabilized with plantings or stone, at the discretion of the Director of Public Works.

(k)        At the discretion of the Selectboard, the Town may require granite curbing, concrete sidewalks and street lighting in downtown and densely developed areas.

(l)         At the discretion of the Selectboard, the Town may require roadway markings that may include centerlines, shoulder lines, stop bars and other such markings and roadway signage, all to the standards set forth in the most recent edition of the Manual of Uniform Traffic Control Devices.

(m)       For roadways that terminate at the end thereof, a so-called cul de sac, the roadway shall include an adequate radius, which shall not have a radius of less than thirty feet or more than forty feet, depending the intensity of the approved development and projected traffic flows. The Town shall not allow more than two access points off of a cul de sac, at locations approved by the Director of Public Works.

(3)        The construction of the right of way shall be based on engineering plans submitted by a licensed engineer and approved by the Town engineer and to the satisfaction of the Director of Public Works. Such engineering plans shall include, but are not limited to, roadway elevations and slope of the roadway.

(4)        The cost of construction inspection by the Director of Public Works and the Town engineer, and costs related to the review and approval of engineering plans by the Director of Public Works and Town engineer, and legal costs associated with review of legal documents by legal counsel shall be reimbursed to the Town by the applicant; provided the application fee collected under 13-7 (1) of this Chapter shall be applied to any reimbursement sought under this subsection.

13-9     Standards for Town Sidewalks

(1)        All public sidewalks and curbing constructed after the enactment of this Chapter shall conform to the Vermont Agency of Transportation (VAOT) Standard Specifications for Construction (current edition), except as added or amended herein.

(2)        All public sidewalks and curbing constructed after the enactment of this Chapter shall comply with applicable regulations from the Americans with Disabilities Act (ADA).

(3)        Public sidewalks built after the enactment of this Chapter shall be not less than sixty inches in width and constructed of concrete. The Town Manager may approve a width less than sixty inches, but not less than thirty-six inches, whenever it is not practical to construct sidewalks sixty inches in width.

(4)        Notwithstanding subsection 3 of this section, public sidewalks on Depot Street (from Main Street to Highland Avenue), Main Street (from Ways Lane to Park Street), Bonnet Street (from Main Street to School Street), and Memorial Avenue (from Main Street to School Street) built after July 1, 2016 shall be seventy-two inches in width, whenever practical, and constructed of concrete. The Town Manager may approve a width less than seventy-two inches, but not less than forty-eight inches, whenever it is not practical to construct sidewalks seventy-two inches in width.

(5)        Public sidewalks shall be 4,000 psi concrete with a minimum thickness of five inches. The concrete thickness shall be increased to 8-inches at all driveway crossings.  All sidewalks shall be constructed with steel mesh (six by six inches) to the satisfaction of the Director of Public Works.

(6)        Public sidewalks shall extend across all driveways (both commercial and residential). Driveway crossings shall comply with VAOT Standard C-2A, Type 2 or Standard C-2B if a grass strip is included.

(7)        All commercial driveway crossings on public sidewalks shall include a detectable warning surface on each side of the crossing. Detectable warning surfaces shall be a pattern of truncated domes conforming to VAOT Standard C-3A and shall be cast iron, colored or painted a contrasting color (rust or brick color).

(8)        All curbing required as part of a public sidewalk shall be split face granite with a ½-inch rounded edge. All granite curb shall be set in 2,500 psi concrete with a minimum of 6-inches of concrete under the curb and on each side of the curb, extending up to the top of the road subbase.

(9)        The sidewalk subbase on a public sidewalk shall be fine crushed gravel (1 ½-inch minus) placed to a minimum depth of 12 inches and compacted to 95% of maximum dry density as determined by the Modified Proctor Method.

(10)      Expansion joints are required every 20 feet and dummy joints shall be formed every five feet between the expansion joints on public sidewalks.

(11)      All public sidewalks shall have a broom finish and shall be sealed after the concrete has cured.

(12)      Whenever feasible, there shall be a grass or landscaped buffer not less than thirty-six inches wide between the sidewalk and roadway.

(13)      A public sidewalk may incorporate dyed concrete, stampings (textures) or other decorative features; provided that the surface complies with the American with Disabilities Act (ADA) and are approved by the Director of Public Works.

(14)      Sidewalk repairs or replacements shall comply with all requirements listed above and the following additional requirements:

(a)        The width of the repaired or replaced sections of sidewalk shall be determined by the Public Works Director, dependent on the location and limits of the repair or replacement.

(b)        All new sections of sidewalk shall be pinned to the existing sidewalk using 2-foot long #4 steel dowels placed every 18-inches. The dowels shall be drilled 1 foot into the existing slab.

(15)      The Development Review Board, at its sole discretion, may require as a condition of approval the improvement, repair, replacement or construction of public sidewalks that comply with the requirement of this section.

13-10   Town Roadway Signage

(1)        Roadway signage erected by the Department of Public Works shall comply with the most recent version of the Manual of Uniform Traffic Control Devices.

(2)        Only the Department of Public Works and the Village Highway Department shall be authorized to erect, maintain and remove roadway signage. The Director of Public Works may authorize the erection of signage for certain purposes. It shall be unlawful for any other person to tamper with, remove or otherwise alter a roadway sign erected by the Town of Manchester and Village of Manchester. A violation of this subsection shall be considered a Second Degree criminal violation. Any police officer of the Manchester Police Department shall be the enforcing authority for this subsection.

13-11   Use of Town Roadways, Rights of Way, Sidewalks and Parking Lots for Solicitation – prohibition

(1)        No person, organization, corporation or other entity shall solicit funds, fundraise, or sell goods or services on Town roadways, rights of way, sidewalks, crosswalks or parking lots unless approved by the Selectboard at a public meeting.

(2)        A violation of this section shall be considered a Second Degree civil violation.

(3)        The enforcing officers for this section shall be any officer of the Manchester Police Department or any Municipal Compliance Officer.

13-12   Use of Town Sidewalks

(1)        No person, organization, corporation or other entity shall use Town roadways, rights of way, sidewalks or parking lots to display merchandise for sale, except as may be provided by through a majority vote of the Selectboard on the so-called “sidewalk sales” weekend.

(2)        Notwithstanding section 13 of this Chapter, no person, organization, corporation or other entity shall install or place items, including benches, flower pots, steps and stairs, signage, poles, or other such items, either permanently or temporarily on Town sidewalks or rights of way without a permit issued by the Director of Public Works.

(3)        It shall be illegal for any person to stand, bicycle or walk in the middle of any roundabout inside of the yellow centerline.

(4)        A violation of this section shall be considered a Second Degree civil violation.

13-13   Use of Town Sidewalks for Dining

(1)        Notwithstanding section 12 of this Chapter, the legal owner of a building, or business with the consent of the landowner, in the Commercial 1 and Commercial 3 zoning districts may submit a license application to the Selectboard, on a form approved by the Town Manager, to use a portion of the Town-owned sidewalk for outdoor dining.

(2)        Any license issued must allow for the safe passing of pedestrians, as well as compliance with the Americans with Disabilities Act and other access standards, regulations and laws. The licensed business shall not under any circumstances limit walking areas of Town sidewalks to less than sixty inches in width. This minimum width shall include the area dedicated to seats, tables and service areas, as well as the area normally used to pull seats in and out of tables for seating purposes.

(3)        The Selectboard shall not approve license applications where the sidewalk is not located directly in front of and abutting the property used to operate the business.

(4)        The landowner and/or business shall comply with all Sewer and Water regulations, zoning bylaws, and shall be current with all payments to the Town, including zoning fees, water and sewer fees and use fees, and tax payments.

(5)        The primary purpose of any licensed business shall be the sale of prepared foods to consume on site. Business activities on the Town-owned sidewalk shall be limited exclusively to the serving of food and beverages at outdoor seating. Any other sale or display of merchandise inside the Town’s right-of-way, including sidewalks, is strictly prohibited except as provided for in section 12, subsection 1 of this Chapter.

(6)        Use of sidewalks for dining shall begin no sooner than May 15 of any year and no later than November 15 of any year and shall not exceed six (6) months in length. Businesses must reapply each year, at least 30 days prior to any planned use.

(7)        Patrons shall be seated only after 8:00 AM and no later than 10:00 PM.

(8)        No cooking or preparing of food is allowed on Town property including sidewalks. Alcoholic beverages shall be served at the table by a server. The licensed business is not permitted to establish a bar on Town-owned sidewalks, whereby customers may order alcoholic beverages directly from a bartender.

(9)        Before approving a license, the Selectboard, through the Town Manager, shall seek the advice of the Zoning Administrator, Design Advisory Review Board, Chief of Police and Director of Public Works. The Finance Director shall certify whether the business and/or property owner is current on all payments and obligations to the Town of Manchester.

(10)      The Selectboard may allow equipment, defined as tables, chairs, fencing, umbrellas or awnings, and other items necessary to maintain outdoor seating including temporary serving equipment and a hostess station.

(11)      No equipment may be fastened to the Town sidewalk or Town property. Awnings must be affixed to building and not Town sidewalk and must be retracted whenever not in use.

(12)      All equipment shall be approved by the Design Advisory Review Board. Equipment shall be durable, commercial-grade and kept in a state of good repairs. Whenever possible, equipment shall be constructed from polished chrome-looking metal or black metal. Logos on equipment, including umbrellas and awnings, are not permitted.

(13)      All equipment shall be removed or otherwise stored in an agreed upon area no later than 11:00 PM each night and until 7:00 AM, or whenever the equipment is not being used; provided, that no equipment may be located on Town sidewalks prior to May 15 nor after November 15.

(14)      The licensed business and landowner shall acknowledge that the Town is providing use of a portion of the Town-owned sidewalk at no cost, and that the Town is not serving in any capacity as a landlord or business partner or associate and the landowner assumes any and all liability associated with the use of Town-owned sidewalks.

(15)      The licensed business and landowner shall provide the Town a valid certificate of insurance naming the Town as an additionally insured in an amount not less than $1,000,000. The business shall maintain insurance that covers accidents and incidents related to the serving of food, and related to alcohol if the business intends to serve alcoholic beverages.

(16)      The licensed business and/or landowner shall agree to hold harmless and indemnify the Town of Manchester, its agents and employees from any claims that arise from the sale, serving and consumption of food and beverages, including alcoholic beverages, and that the Town is not responsible for any damage or theft of property, to and by patrons, employees and the licensed business resulting from the use of Town-owned sidewalks.

(17)      The licensed business and landowner are responsible for providing any lighting necessary to safely serve food and beverages; provided, that all lighting shall be approved by the Development Review Board after the recommendation by the Design Advisory Review Board.

(18)      The licensed business may display an informational sign within the licensed sidewalk area during hours of operation; provided that it is allowable under Chapter III and that the sign does not exceed two square feet.

(19)      The licensed business and landowner shall be responsible for any damage to Town-owned sidewalks and street lighting that results from the use of the Town-owned sidewalk. The licensed business and/or landowner is responsible for all maintenance related to the use of the sidewalk, including daily removal of trash, debris and food, and washing sidewalks. The licensed business and/or landowner shall not dispose of waste in Town-owned trash receptacles. The licensed business shall not use Town-owned electrical outlets for electrical service.

(20)      The licensed business shall ensure that noise levels are reasonable. Police Officers of the Manchester Police Department, at their sole discretion, may temporarily suspend the use of Town-owned sidewalks when an Officer determines that noise levels are unreasonable or when the Officer determines that a safety issue exists.

(21)      The Town Manager, at his or her sole discretion, may suspend a license issued by the Selectboard for non-compliance with this section or for safety reasons. The decision of the Town Manager to suspend a license may be appealed to the Selectboard.

(22)      A violation of this section shall be considered a Second Degree civil violation.

(23)      The enforcing officers for this section shall be any Municipal Compliance Officer.

13-14   Bicycling, Skateboarding, Rollerblading and Rollerskating on Town Roadways and Sidewalks

(1)        It shall be unlawful to skateboard, rollerblade or rollerskate on Town roadways, public sidewalks, Town parking lots, parking lots for commercial businesses on Main Street between Equinox Terrace and Memorial Avenue; Depot Street from Main Street to Richville Road; Bonnet Street from Main Street to School Street; and on the sidewalks of the Factory Point Town Green and Adams Park.

(2)        It shall be unlawful to ride a bicycle on public sidewalks on Main Street between Equinox Terrace and Memorial Avenue; Depot Street from Main Street to Richville Road; Bonnet Street from Main Street to School Street; and on the sidewalks of the Factory Point Town Green and Adams Park; provided, that a person may walk a bicycle on a Town sidewalk in the aforementioned designated areas; provided further, bicycles shall yield to and not interfere with pedestrians on sidewalks.

(3)        A violation of this section shall be considered a Third Degree civil violation.

(4)        The enforcing officers for this section shall be any officer of the Manchester Police Department and Municipal Compliance Officer.

13-15   Maintenance of Culverts

(1)        Culverts under private driveways, private roadways and access roads shall be maintained by the property owner, including replacement of the culvert whenever necessary and removal of debris and ice.

(2)        Whenever the Director of Public Works determines that an emergency situation exists that may jeopardize public safety or public or private property, the Director may order certain repairs to private culverts; provided, that the property owner shall reimburse the Town for any and all repairs, including but not limited to labor, use of equipment and materials.

(3)        A violation of this section shall be considered a Third Degree civil violation.

(4)        The enforcing officers for this section shall be any Municipal Compliance Officer.

13-16   Removal of Snow and Ice and Debris from Town Sidewalks

(1)        Pursuant to 24 V.S.A. 2291 (2), every owner, lessee, tenant, occupant or other person having charge of any building or lot abutting any public way or public place shall remove the snow and ice and other debris from the sidewalk in front of such building or lot.

(2)        In case the snow and ice on the sidewalk shall be frozen hard enough that it cannot be removed without damage to the sidewalk, the person having charge of any building or lot shall, within the time specified, cause the sidewalk abutting the said premises to be treated with acceptable material, as determined by the Director of Public Works, and shall, as soon thereafter as the weather shall permit, thoroughly clean the sidewalk.

(3)        Snow or ice that falls or accumulates during the day (except Sundays) before 5:00 P.M. shall be removed within three hours after the same has fallen or accumulated. Snow and ice that falls or accumulates on Sunday or after 5:00 P.M. on other days shall be removed before 10:00 A.M. the following day.

(4)        A violation of this section shall be considered a Third Degree civil violation. Violations shall be issued to the owner of the building or property.

(5)        The enforcing officers for this section shall be any Municipal Compliance Officer.

13-17   Plowing of Snow and Ice and Depositing of Debris onto Town Roadways and Sidewalks

(1)        No person shall plow or deposit snow or ice onto Town roadways and sidewalks or cause the depositing of debris or rubbish onto Town roadways, sidewalks and rights of way.

(2)        A violation of this section shall be considered a Second Degree civil violation.

(3)        The enforcing officers for this section shall be any Municipal Compliance Officer.

13-18   Discharge of Water onto Town Roadways and Rights of Way

(1)        The owners of any properties that abut a Town roadway or right of way, shall be required to maintain culverts, catch basins, other such drainage infrastructure, driveways and private roads so that water does not drain onto Town roadways, rights of way and sidewalks.

(2)        It shall be illegal to discharge water from private properties onto Town roadways, rights of way and sidewalks. A violation of this subsection shall be considered a Second Degree civil violation.

(3)        If a violation of subsection 2 of this section creates a safety hazard through the discharge of excessive water or the accumulation of ice it shall be considered a First Degree civil violation.

(4)        The enforcing officers for this section shall be any Municipal Compliance Officer.

13-19   Removal of Trees from Town Rights of Way

(1)        No person, except Town employees and contractors authorized by the Town, shall remove trees from the right of way controlled or owned by the Town. A tree for the purposes of this section shall include any trees greater than four inches in diameter.

(2)        Notwithstanding subsection 1 of this Section, upon the approval of the tree warden, a private party that is qualified and insured may remove a tree from the public right of way.

(3)        A violation of this section shall be considered a Second Degree civil violation. In addition, the Town shall require any person that removes a tree from the public right of way to replace the tree with a suitable replacement. Each tree removed shall be considered a separate violation under this section.

(4)        The enforcing officers for this section shall be any Municipal Compliance Officer.

13-20   Streetlights

(1)        Streetlights owned, operated or paid for using Town funds shall be installed only on public roadways, Town-owned parking lots and Town owned or operated properties. Any streetlights owned, operated or paid for using Town funds shall be for public good and public safety, and shall provide safety to motorist and pedestrians and not for private benefit.

(2)        No streetlight shall be installed in the Town of Manchester on public rights of way without the permission of the Road Commissioner.

13-21   Private Signage in Town Rights of Way

(1)        It shall be illegal to post any signs or notice in the Town right of way. The Town of Manchester is hereby exempt from this subsection.

(2)        Notwithstanding subsection 1 of this section, political signage posted in the right of way directly adjacent to a parcel owned by the person posting a political sign inside the Town right of way shall be exempt from this section; provided, that the number of signs does not exceed five signs, that the size of any sign does not exceed four square feet, that the signage does not infringe on traffic or public safety, and that all signage is removed not more than forty-eight hours after the election. Political signage shall not be permitted in the Town right of way on Depot Street from Highland Avenue to Main Street; on Main Street, between Ways Lane and Cemetery Avenue; and Bonnet Street, from Main Street to School Street.

(3)        Notwithstanding any other section to the contrary, it shall be illegal for any person or organization to post any sign to a Town-owned highway sign, Town-owned street light pole, Town-owned bench, bridge railings and abutments, guardrails, trees located in the Town right of way, in the middle of any roundabout or on any utility pole located within the Town right of way. The Town of Manchester is exempt from this subsection.

(4)        A violation of this section shall be considered a Third Degree civil violation. The Department of Public Works, Manchester Police Department, Town Manager, Zoning Administrator and Municipal Compliance Officer shall be authorized to remove any signage in the Town right of way that violations this section.

(5)        The enforcing officers for this section shall be any Municipal Compliance Officer.

13-22   Naming of Public and Private Roadways

(1)        The Selectboard, at a public meeting, shall be authorized to name and rename any of the following roadways, public or private, within the Town of Manchester.

(a)        All public roads in the Town of Manchester.

(b)        All private roads and driveways not owned by the Town of Manchester that serve three or more structures on three or more parcels.

(c)        Any private road or driveway of any length that has three or more E911 addresses.

(d)       Any private road or driveway having one or more E911 addresses if the Selectboard determines that the roadway or driveway has the potential for future development.

(2)        Whenever the Selectboard names a roadway under subsection 1 of this section, the name of the roadway shall be filed with the Town Clerk of the Town of Manchester.

(3)        A proponent of a new subdivision or private owner(s) of a roadway shall provide the Selectboard at least three distinct names for each roadway required to be named under subsection 1 of this section.

(4)        The Selectboard shall consider the following whenever naming the roadway:

(a)        All roads, public and private, shall have a separate and distinct name in order to avoid confusion.

(b)        All roads shall be named using geographic designations, historic owners and families who owned the property, physical features of the adjacent land, and national, state or local historic persons.

(c)        Whenever the Selectboard names a roadway, the Selectboard shall assign roadways with the appropriate road naming suffix (for example, Road, Street, or Lane).

(d)       Compliance with the standards of the Vermont Enhanced 911 Board.

(5)        Notwithstanding subsection 3 of this section, the Selectboard may decline to select any of the proposed roadway names provided by a proponent, and may request additional proposed names or name the roadway itself.

(6)        Upon the naming or renaming of a roadway by the Selectboard, the Town Manager shall inform the E911 Coordinator, Police Department, Fire Department and Department of Public Works of the roadway name.

(7)        No later than thirty days after an action by the Selectboard naming or renaming a roadway, the Department of Public Works shall erect appropriate signage, in compliance with the most recent version of the Manual of Uniform Traffic Control Devices, designating the roadway with the name approved by the Selectboard. When erecting signage for private roadways, the sign shall include the word “private” or “PVT” to indicate that the roadway is privately owned. In the case that a person or organization petitions the Selectboard to rename a roadway, the person or organization shall be responsible for reimbursing the Town of Manchester for the cost of the new signage, other materials including fasteners and posts, and labor.

13-23   Street Numbering of Properties

(1)        The duly appointed Zoning Administrator shall serve as the E911 Coordinator for the Town of Manchester and the Village of Manchester, and shall be charged with numbering properties based on most recent Addressing Standards of the Vermont Enhanced 911 Board, unless the Selectboard elects to appoint another individual as the E911 Coordinator.

(2)        The E911 coordinator shall maintain records related to this section.

(3)        The owner or occupant or person in charge of any building shall display the E911 address assigned by the E911 coordinator in compliance with the following standards:

(a)        No later than 30 days after the assignment of the E911 address by the E911 Coordinator the owner or occupant shall display the E911 assigned numbers.

(b)        Numbers shall be displayed on the primary structure on the parcel. The E911 coordinator may, at his or her sole discretion, approve the posting of E911 numbers on a freestanding sign or a mailbox.

(c)        Numbers shall not be more than fifty feet and visible from the roadway, public or private, that serves the parcel.

(d)       Numbers shall be at least four inches in height.

(e)        Numbers shall be legible and distinguishable from the street

(4)        Notwithstanding clause (3) (b) of this section, for buildings that are occupied by more than one business or have more than one residential dwelling, unit numbers shall be assigned and affixed to the primary entrance to each business or residential dwelling.

(5)        The owner or occupant or person in charge of any building shall remove any numbers that are not E911 numbers and may cause confusion.

(6)        The owner or occupant or person in charge of any building shall be responsible for the ongoing maintenance of E911 address numbers erected under subsection 3 of this section.

(7)        The cost of erecting and maintaining E911 numbers shall be borne by the owner of the property.

(8)        The Zoning Administrator shall not issue a certificate of occupancy until such time as the E911 address numbers are posted in compliance with this section.

(9)        The Fire Chief and Chief of Police shall notify the E911 Coordinator whenever the Fire Chief or Chief of Police become aware of any parcel that is not in compliance with the requirements of this section.

(10)      The E911 Coordinator may issue one written warning to the owner of any parcel that is not in compliance with this section. The owner of the property shall take action to correct any deficiencies within fourteen calendar days of the E911 Coordinator issuing the written warning.

(11)      A violation of this section shall be considered a Third Degree civil violation.

(12)      The E911 Coordinator shall be the enforcement authority of this section.

13-24   Maintenance of Grassed Rights of Way

(1)        In order to maintain public safety, abutters of rights of way owned or controlled by the Town of Manchester in the Commercial 1 and Commercial 3 zoning districts shall maintain the grassed portion of rights of way including keeping the grass at a height of less than eight inches.

(2)        A violation of this section shall be considered a Third Degree civil violation.

13-25   Enforcement

Unless otherwise specifically authorized in this Chapter, the enforcing authority of this Chapter shall be any Municipal Compliance Officer.


CHAPTER XIV

ROAD CONSTRUCTION, ROAD OPENING AND ROAD ACCESS

14-1                 Authority to Enact Chapter

14-2                 Purpose of Chapter

14-3                 Definitions

14-4                 Road Opening Permit

14-5                 Traffic Control

14-6                 Excavation of Public Roadways and Parking Lots

14-7                 Connecting to Town Drainage Systems

14-8                 Road Access Permits – General

14-9                 Road Access Permit – Industrial and Commercial Driveways

14-10               Road Access Permit – Residential Driveways

14-11               Road Access Permit – Temporary

14-12               Road Access License for Disabled Residents

14-13               Mailboxes and Other Items in Town Rights of Way

14-14               Appeals

14-15               Enforcement

 

14-1     Authority to Enact Chapter

This Chapter was duly adopted by the Legislative Body of the Town, the Selectboard, in accordance with 24 V.S.A. §2291 (6) and 19 V.S.A. §304.

14-2     Purpose of Chapter

The purpose of this Chapter is to protect public safety during the course of any construction activity within the Town right of way, and to ensure that any portion of roadway, sidewalk, curbing, drainage system, or lawn impacted by construction is restored to a safe condition and conforms to acceptable standards.

14-3     Definitions

Access point shall mean any intersection of a private driveway with a Town-owned or controlled roadway or Town-owned parking lot.

Permittee shall mean a party that receives a permit from the Town of Manchester authorized under this Chapter.

Road opening shall mean excavating, digging, modifying or other similar construction activities in the Town right of way, or on a public roadway or sidewalk.

14-4     Road Opening Permit

(1)        It shall be illegal to make alterations, excavate or otherwise perform construction on Town roadways, bridges, sidewalks and within rights of way without the express written approval by means of a permit issued by the Director of Public Works.

(2)        Applications for opening a Town roadway, sidewalk or constructing within a Town roadway shall be made to the Director of Public Works on an application approved by the Town Manager. All applications shall include fees established in this Chapter and in Addendum A.

(3)        The Director of Public Works shall charge a non-refundable application fee established in Addendum A; provided, that a distinct fee shall be charged for disturbing up to 100 square feet of surface within the right of way, between 101 square feet and 500 square feet of surface within the right of way, and for more than 500 square feet of surface within the right of way.

(4)        Work performed by the Town, including the Sewer Department and Water Department, or by an agent or contractor of the Town shall be exempt from any fee authorized under this Section.

(5)        A violation of this section shall be considered a First Degree civil violation.

14-5     Traffic Control

(1)        Whenever construction in the Town right of way, as authorized under section 4 of this Chapter, includes detouring or alteration of traffic patterns, the Director of Public Works may, at his or her sole discretion, require traffic control and a traffic control plan that shall include appropriate signage. Traffic control may only be performed by sworn police officers and individuals certified in traffic control.

(2)        A violation of this section shall be considered a Second Degree civil violation.

14-6     Excavation of Public Roadways and Parking Lots

(1)        Any person who excavates a Town roadway shall be required to restore or repair the subsurface and pavement surface to the satisfaction of the Director of Public Works. Any person who patches a roadway under a permit issued under this Chapter shall be required to repair any pavement patches and trench settling for a period of five years from the dates of the construction that required the pavement patch or trenching.

(2)        The Director of Public Works shall require so-called flowable fill on any deep excavation, as determined by the Director of Public Works, on Town Class 1 and Class 2 roadways whenever an excavation trench runs perpendicular to the traveled way or anytime the Director of Public Works determines that flowable fill will benefit the restoration of the roadway surface.

(3)        The Director of Public Works may require so-called flowable fill on any excavation on Town Class 1 and Class 2 roadways whenever an excavation trench runs with the flow of traffic.

(4)        Flowable fill shall not be required on large construction projects, as determined by the Director of Public Works, whereby the project includes paving and on Class 3 roadways, Class 4 roadways, Town trails and Town-owned parking lots, unless the Director of Public Works finds special circumstances that warrant the use of flowable fill in certain areas.

(5)        Whenever flowable fill is not required, the Director of Public Works may require, at the sole expense of the permittee, independent tests to ensure compaction to not less than 95%.

14-7     Connecting to Town Drainage Systems

(1)        It shall be illegal to connect to the Town-owned stormwater drainage system without the express written approval by means of a permit issued by the Director of Public Works. Any connection to the stormwater system owned or maintained by the Town shall be at the sole discretion of the Town.

(2)        Applications for connecting to the Town-owned stormwater system shall be made to the Director of Public Works on an application approved by the Town Manager. All applications shall include a non-refundable $250.00 application fee.

(3)        The Director of Public Works may require the applicant to upgrade the Town-owned drainage system, at the sole expense of the permittee and including engineering, onsite supervision, administrative costs and construction costs.

(4)        Notwithstanding subsection 3 of this Section, the decision of the Director of Public Works to allow a permitted connection to the Town-owned stormwater system shall consider the ability of the system to handle current demands, the proposed flow by the application and the need for the Town in the future to maintain capacity in the system.

(5)        In addition to the fee required in subsection 2 of this Section and any improvements required by the Director of Public Works by the permittee, before any connection approved by the Director of Public Works is made by the permittee, the Director shall require the payment of a fee based on the gallonage that the connection is designed to discharge into the Town-owned system. The fee shall be established in Addendum A.

(6)        The permittee shall retain all liability related to the discharge of contaminated materials into the Town-owned stormwater drainage system.

(7)        The permittee shall be responsible for the construction and maintenance of the drainage system authorized to connect to the Town-owned system, including the connection to the Town-owned stormwater drainage system.

(8)        The Director may consider only an application to connect to the Town-owned stormwater drainage system whenever an applicant proves that handling stormwater on the property of the applicant is highly impractical.

(9)        Under no circumstances shall stormwater drainage be permitted to discharge into the Town’s sewer system.

(10)      Any violation of this section or the terms of any permit issued by the Director of Public Works may result in the disconnection of the permitted connection at the sole discretion of the Town of Manchester.

(11)      A violation of this section shall be considered a First Degree civil violation.

14-8     Road Access Permits – General

(1)        It shall be illegal to access, through an access point, a roadway owned or operated by the Town of Manchester or a Town-owned parking lot without the express written approval by means of a permit issued by the Director of Public Works.

(2)        Applications for road access shall be made to the Director of Public Works on an application approved by the Town Manager. All applications shall include fees established in this Chapter and in Addendum A. The exact location of the proposed road access shall be indicated clearly on a map or survey submitted by the applicant to the Director of Public Works.

(3)        All road accesses shall be built to Vermont Agency of Transportation standards specifications B-71, “STANDARDS FOR RESIDENTIAL AND COMMERCIAL DRIVES” as amended from time to time.

(4)        Unless otherwise waived by the Director of Public Works, all accesses shall include a minimum eighteen (18) inch polyethylene driveway culvert. It shall be the exclusive responsibility of the applicant or landowner to maintain and replace the culvert. The Director may require a culvert larger than eighteen inches at his or her sole discretion. All culverts shall be constructed to the satisfaction of the Director of Public Works.

(5)        Unless otherwise waived by the Director of Public Works, all culverts installed under subsection 4 of this section shall have adequate headwalls on each end of the culvert, constructed from concrete or another material approved by the Director of Public Works. All headwalls shall be constructed to the satisfaction of the Director of Public Works.

(6)        Visibility from the access point and the public roadway will be a minimum of one-hundred and fifty feet in all directions, without obstruction. Trees, brush, fences, posts and other structures that obstruct clear vision shall be removed by the property owner, as required by the Director of Public Works. The property owner shall continue to clear trees, brush and other visual obstructions, as required by the Director of Public Works. No access shall be constructed closer than one-hundred and fifty feet to a sharp curve or blind area.

(7)        Whenever possible, driveway access points shall be inverted away from the Town roadway for a minimum of 25 feet for safe starting and stopping and in order to avoid water being discharged onto the Town roadway.

(8)        All access points shall, whenever possible, enter the Town roadway perpendicular to the existing Town roadway.

(9)        The applicant or owner shall be responsible for the costs of installing and maintaining any driveway culvert, ditch, or other improvement required as a condition of an access point approval unless otherwise agreed to in writing by the Road Commissioner. If the Town replaces a failed driveway culvert in the course of an emergency, the Town shall not accept on-going responsibility for maintenance of the replaced culvert. Furthermore, the property owner shall be required to reimburse the Town for the cost of the culvert, materials, labor and equipment.

(10)      Violation of any condition established in this Chapter or in a permit issued under this Chapter shall be grounds for the revocation of the permit by the Selectboard and the physical closure of the access.

(11)      All permits issued under this Chapter shall be completed within two years from the date of approval, or such permit shall be void.

(12)      Whenever two or more separate and distinct property owners propose to use one shared access point onto a Town roadway, the Director shall charge the applicants a total of fifty percent of the overall combined fee otherwise authorized in Addendum A.

(13)      Access points used for the sole purpose of gaining access to fields for agricultural purposes shall be exempt from any fees otherwise authorized in this Chapter, but shall be required to obtain a permit from the Director of Public Works.

(14)      The Director of Public Works may, at his or her sole discretion, require as part of a permit issued, at the applicant’s sole expense, that the applicant pave all or a portion of the driveway with asphalt or other similar material and provide continued maintenance, in order to help ensure that material from the driveway is not deposited into the Town roadway or right of way.

(15)      The Director of Public Works may, at his or her sole discretion, require as part of a permit issued, at the owner’s expense including ongoing electric costs, proper street lighting at the intersection of the access point and a Town roadway whenever the Director deems that traffic flows from the access point may require lighting.

(16)      Whenever practical and feasible, a Town-owned or controlled sidewalk, publically accessible sidewalk or a sidewalk that is part of the Town’s public sidewalk network shall continue through road access so as to provide for the continuation of the sidewalk through the road access.

14-9     Road Access Permit – Industrial and Commercial Driveways

(1)        In addition to the requirements and conditions of section 8 of this Chapter, the Director of Public Works may issue a permit to access a Town roadway for access from any parcel zoned as a commercial or industrial.

(2)        Unless otherwise approved by the Director of Public Works, commercial and industrial access points approved under this section shall not be wider than 26 feet wide. The Director of Public Works shall charge an additional $100 for each additional foot of access in excess of 26 feet.

(3)        A violation of this section shall be considered a First Degree civil violation.

14-10   Road Access Permit – Residential Driveways

(1)        In addition to the requirements and conditions of section 8 of this Chapter, the Director of Public Works may issue a permit to access a Town roadway for access from any parcel zoned residential.

(2)        Residential access points may not exceed 24 feet in width.

(3)        The Director of Public Works shall not grant any residential parcel, as defined by the Town’s zoning bylaws, more than one access point, except as authorized by section 11 of this Chapter.

(4)        A violation of this section shall be considered a Second Degree civil violation.

14-11   Road Access Permit – Temporary

(1)        It shall be illegal for any person, except authorized employees and agents of the Town of Manchester, to block a Town-owned or Town controlled roadway, bridge, sidewalk or right of way, except as provided for in this section and in Chapter X.

(2)        The Director of Public Works may grant a temporary permit, which shall expire on a specific date determined by the Director, to access Town-owned or Town-controlled roadways, sidewalks or rights of way for construction and repairs of properties that require use of the Town roadway, bridge, sidewalk or right of way, for delivery of special equipment or merchandise and other purposes determined by the Director of Public Works.

(3)        The Permittee authorized in subsection 2 of this section shall be responsible for the safety of the area, erecting and maintaining appropriate signage, securing equipment, and traffic control. The Director of Public Works may impose certain conditions and requirements in order to maintain public safety, health and convenience.

(4)        Permittee shall be responsible for obtaining any and all safety and construction permits from state and federal agencies.

(5)        Permittees shall provide the Town of Manchester a valid certificate of insurance for general liability and worker’s compensation insurance naming the Town of Manchester as an additional insured in an amount set by the Director of Public Works but not less than $1,000,000.

(4)        The Director shall collect the base fee established in Addendum A as well as the per day fee established in Addendum A.

(5)        A violation of this section shall be considered a Second Degree civil violation.

14-12   Road Access License for Disabled Residents

(1)        The Director of Public Works may grant an annual license, which shall expire on December 31 of each year, for an additional access point for a residential or commercial property when an owner or tenant provides evidence that the additional access point is medically necessary by an individual who regularly uses the property to ensure the safe access of the property. The annual fee for a license granted under this section shall be established in Addendum A

(2)        An application filed under this section shall include documentation from a physician, licensed in the State of Vermont, documenting in detail the medical necessity for an additional access point and the estimated duration of the need. The application shall also include stamped plans from an engineer, licensed in the State of Vermont, showing the design of the access point, configuration of the driveway and elements that necessitate the additional access point. The Director of Public Works may require additional information.

(3)        Whenever a license expires and is not renewed within fourteen days of expiration, whenever the medical need for the additional access point is no longer present, or the property is sold to a person not having a medical need for the additional access point, the licensed access point shall be removed within fourteen days, or as soon as practical, by and at the sole expense of the owner of the property, including but not limited to the restoration of any ditches, replacement of culverts and the repairs of any pavement, to the satisfaction of the Director of Public Works.

14-13   Mailboxes and Other Items in Town Rights of Way

(1)        The Director of Public Works may require that the owner of a mailbox relocate, at the owner’s expense, any mailbox placed in the Town right of way whenever the Director determines, at his or her sole discretion, that the mailbox is creating an infringement to maintenance, obstructs traffic or that the mailbox is creating a public safety issue.

(2)        Mailboxes located in the Town right of way shall be maintained by the property owner. Any mailboxes and posts damaged as a result of normal snow removal activities shall be repaired at the expense of the property owner.

(3)        Other privately owned items, such as signs, posts, fences and other similar items, shall not be permitted in the Town right of way.

14-14   Appeals

Any person or organization aggrieved by the decision of the Director of Public Works may appeal, in writing, to the Road Commissioner within seven calendar days of the decision of the Director of Public Works.

14-15   Enforcement

Any Municipal Compliance Officers is hereby designated as the enforcement authority of this Chapter.


CHAPTER XV

OPERATION OF VEHICLES

15-1                 Authority to Enact Chapter

15-2                 Purpose of Chapter

15-3                 Definitions

15-4                 Parking – general requirements and prohibitions

15-5                 Two Hour Parking Zones

15-6                 No Parking Zones

15-7                 Special Parking Regulations

15-8                 Handicap Parking Spaces – Designation and Penalties

15-9                 Impounding of Vehicles

15-10               Crosswalks

15-11               Stop Signs

15-12               Yield Signs

15-13               Establishment of Speed Limits and Penalties

15-14               No Passing Zones

15-15               Obstructing Town Roadways and Rights of Way

15-16               Bicycle Lanes

15-17               Posted Roads and Overweight Permits

15-18               Enforcement

 

15-1     Authority to Enact Chapter

This Chapter was duly adopted by the Legislative Body of the Town, the Selectboard, in accordance with 23 V.S.A. §§ 1007 & 1008 and 24 V.S.A.  2291 (4).

15-2     Purpose of Chapter

This Chapter has been adopted in order to provide for public safety and convenience on Town owned roadways, bridges, sidewalks and crosswalks.

15-3     Definitions

Unless otherwise provided for herein, traveled roadway, traveled way and roadway shall mean the portion of a right of way improved, designed, or ordinarily used for vehicular traffic.

15-4     Parking – general requirements and prohibitions

(1)        Parking in any of the following manners is prohibited, and vehicles may be towed at the owner’s expense:

(a)        On any roadway, in the public right of way and Town-owned parking lots between 1:00 AM and 6:00 AM from November 1 to March 31 of each year.

(b)        Within ten (10) feet of any fire hydrant.

(c)        Within twenty (20) feet of an intersection.

(d)       In front of or obstructing a private or public driveway or roadway.

(e)        More than six (6) inches from the curb or outside of the painted parking lines.

(f)        Across or within any public sidewalk, crosswalk or in any area off the roadway so as to block the passage of any pedestrian along the sidewalk or crosswalk.

(g)        Double parking, so-called, or obstructing the traveled way or otherwise obstructing the flow of traffic.

(h)        On the left side of a roadway in such a manner that the front of the parked vehicle is facing oncoming traffic.

(i)         Vehicles over fourteen feet in length shall not park in the parking spaces on the east side of Main Street approximately 260 feet from the intersection of Bonnet Street, and marked as COMPACT CARS ONLY.

15-5     Two-Hour Parking Zones

(1)        The Selectboard hereby establishes the following parking areas as two-hour parking zones:

(a)        Parking spaces on both sides of Main Street from the intersection of Bonnet Street to the intersection with Park Place, except spaces designated as handicap parking spaces.

(b)        Parking spaces on both sides of Bonnet Street from the intersection of Main Street to School Street, except spaces designated as handicap parking spaces.

(c)        Parking spaces in the Town-owned parking lot at the intersection of Elm Street and Highland Avenue, except the spaces designated as handicap parking spaces.

(d)       Center Hill Road, from Main Street to Park Street, and Park Street.

(e)        Cemetery Avenue, in the dedicated parking spaces in front of the Manchester Community Library.

(2)        It shall be unlawful to park for more than two hours in any parking space in the parking zones established in subsection 1 of this section. Any violation of this section shall be punishable by the maximum fine established in state law.

15-6     No Parking Zones

Parking is prohibited on any of the following designated streets or portions thereof:

(a)        Parking in a manner on a Class II roadway as to limit the traveled way to less than 20 feet in total width.

(b)        Parking in a manner on a Class III and Class IV roadway as to limit the traveled way to less than 15 feet in total width.

(c)        Both sides of Depot Street, from the intersection with Dufresne Pond Road to the intersection of Main Street.

(d)       On the west side of Main Street, approximately 120 feet east of the intersection with Memorial Avenue to Beech Street.

(e)        On the east side of Main Street, from the intersection of Center Hill Road to Beech Street.

(f)        Both sides of Center Hill Road, from the intersection of Park Place to Depot Street.

(g)        Both sides of Union Street, from the Village boundary to Richville Road.

(h)        Both sides of Cottage Street, from Depot Street to the intersection of Wyman Lane.

(i)         Both sides of Wyman Lane.

(j)         Both sides of New Ireland Road from the intersection with Depot Street for 1,000 feet.

(k)        Both sides of Recreation Park Road, except the designated drop-off area in front of the Park House, which shall be for drop off and pick up only and not to exceed five minutes.

(l)         Both sides of School Street.

(m)       South side of Elm Street and Elm Street Extension.

(n)        On the east side of Highland Avenue from the intersection of Depot Street to Barnumville Road.

(o)        On the west side of Highland Avenue from the intersection of Depot Street north for a distance of 1,250 feet.

(p)        On the north and south side of Main Street, from the intersection of the Ways Lane to the intersection of Bonnet Street.

(q)        On both sides of Cemetery Avenue, except in designated parking spaces in front of the Manchester Community Library.

(r)        On both sides of Hillvale Drive, from the intersection of Main Street north for 270 feet to the first intersection.

(s)        On both sides of Village View Road from 9:00 PM to 6:00 AM.

15-7     Special Parking Regulations

The Town hereby adopts special parking regulations to provide for parallel parking and angled parking on portions of both sides of Main Street, on a portion of Center Hill Road, on a portion of Park Place, on a portion of Bonnet Street in certain designated areas. Markings shall be placed upon the curb or road for the purpose of designating parking spaces under the supervision of the Road Commission. All vehicles shall be parked within lines or markings and there shall not be more than one vehicle parked in any space.

15-8     Handicap Parking Spaces – Designation and Penalties

(1)        The Road Commissioner shall cause certain parking spaces on public roadways and in Town-owned parking lots to be reserved and used by handicapped persons. Handicap parking spaces shall be marked using generally acceptable standards.

(2)        A person, other than a person with a disability, who for his or her own purposes parks a vehicle in a space for persons with disabilities shall be fined the maximum amount allowable under 23 V.S.A. 1749 for each violation.

(3)        Notwithstanding the fine established in subsection 2 of this section, a sworn police officer of the Manchester Police Department may cause the removal of a vehicle parked in violation subsection 2 of this section. The owner of the vehicle removed shall be responsible for any costs, including but not limited to towing and impoundment fees, which shall be payable before the vehicle is released to the owner.

15-9     Impounding of Vehicles

The Manchester Police Department may cause to be towed and may impound the vehicle of any owner who fails to pay three or more fines assessed under sections 3, 4, 5 and 7 of this Chapter after sixty or more days. The vehicle shall not be released to the owner until the owner pays all fines and penalties, the cost of towing the vehicle, a storage fee of $12 per day and an administrative surcharge of $50.

15-10   Crosswalks

The Road Commissioner may establish crosswalks on public roadways within the Town of Manchester based on engineering studies, and may establish no parking zones near crosswalks in order to protect pedestrians.

15-11   Stop Signs

(1)        Stop signs shall be placed by the Department of Public Works at intersections for the control of traffic, as indicated within Stop/Yield Sign Ordinance; Stop/Yield Ordinance Map 1; Stop/Yield Ordinance Map 2; Stop/Yield Ordinance Map 3; and Stop/Yield Ordinance Map 4. The direction of the arrow indicates the roadway being controlled by the stop sign.

(2)        All motor vehicles and bicycles shall come to a full stop at STOP SIGNS before proceeding into any intersection.

(3)        A violation of subsection 2 of this section shall be considered a Third Degree civil violation. In lieu of any penalty established under State law, a police officer may, at his or her sole discretion issue a citation under this subsection.

15-12   Yield Signs

(1)        Yield signs shall be placed by the Department of Public Works at intersections for the control of traffic, as as indicated on Stop/Yield Sign Ordinance; Stop/Yield Ordinance Map 1; Stop/Yield Ordinance Map 2; Stop/Yield Ordinance Map 3; and Stop/Yield Ordinance Map 4. The direction of the arrow indicates the roadway being controlled by the yield sign.

(2)        All motor vehicles and bicycles shall yield the right of way at YIELD SIGNS to traffic proceeding on designated through highways before proceeding into the intersection.

(3)        A violation of subsection 2 of this section shall be considered a Third Degree civil violation. In lieu of any penalty established under State law, a police officer may, at his or her sole discretion issue a citation under this subsection.

 

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15-13   Establishment of Speed Limits and Penalties

(1)        The Selectboard has determined, on the basis of engineering and traffic investigation, that the speed limits hereafter provided for in the diagram entitled “Speed Ordinance: Town of Manchester, Vermont” are necessary for the health, safety and welfare of the inhabitants of the Town of Manchester.

(2)        Any person who violates the provisions of this section shall pay penalties as promulgated by the State of Vermont and set forth in the State’s Uniformed Traffic Compliant Waiver Schedule of Fines and License Suspensions.

(3)        In lieu of the penalties established in subsection 2 of this Chapter, an officer of the Manchester Police Department may issue a citation to a driver who is driving 1 to 10 miles over the posted speed limit. A violation of this subsection shall be considered a Second Degree civil violation.

(4)        In lieu of the penalties established in subsection 2 of this Chapter, an officer of the Manchester Police Department may issue a citation to a driver who is driving 11 to 15 miles over the posted speed limit. A violation of this subsection shall be considered a First Degree civil violation.

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15-14   No Passing Zones

No passing shall be allowed in the following areas:

(a)        Main Street between the intersections of Ways Lanes and North Road

(b)        Depot Street between the intersections of Main Street and Dufresne Pond Road

(c)        Bonnet Street between the intersections of Main Street and the bridge over the West Branch of the Battenkill River

15-15   Obstructing Town Roadways and Rights of Way

(1)        It shall be illegal to obstruct Town roadways or place barriers of obstructions in the Town right of way without the permission of the Chief of Police or Public Works Director.

(2)        A violation of this section shall be considered a Second Degree civil violation.

15-16   Bicycle Lanes

(1)        It shall be illegal for motorized vehicles to drive in designated bike lanes, except to turn or to yield to emergency response vehicles.

(2)        A violation of this section shall be considered a Second Degree civil violation.

15-17   Posted Roads and Overweight Permits

(1)        The following roadways shall be posted for overweight truck traffic:

(a)        Barnumville Road – no through trucks over 24,000 pounds

(b)        Center Hill Road – no through trucks over 24,000 pounds

(c)        High Meadow Way – no through trucks over 24,000 pounds

(d)       Muddy Lane – no through trucks over 24,000 pounds

(e)        New Ireland Road – no through trucks over 24,000 pounds

(f)        Beech Street – no through trucks over 24,000 pounds

(2)        The Road Commissioner may restrict truck traffic on certain roads for emergencies and in March, April, and May.

(3)        Individual and fleet overweight truck permits shall be approved or disapproved by the Director of Public Work; provided, that the Director may approve permits with reasonable conditions and restrictions.

(4)        The Town shall collect the maximum fee allowable by state law for overweight permits.

(5)        A violation of subsections 1 and 2 of this section shall be considered a Second Degree civil violation.

15-18   Enforcement

Sworn Police Officers of the Town of Manchester Police Department are hereby designated as the enforcement authority of this Chapter.


CHAPTER XVI

PUBLIC HEALTH AND SAFETY

16-1                 Authority to Enact Chapter

16-2                 Purpose of Chapter

16-3                 Definitions

16-4                 Public Safety Hazards

16-5                 Dangerous Structures

16-6                 Vacant Structures

16-7                 Other Public Safety Hazards

16-8                 Sewer Pump Stations – General

16-9                 Sewer Pump Stations – Category 1

16-10               Sewer Pump Stations – Category 2

16-11               Sewer Pump Stations – Category 3

16-12               Service of Orders and Notices

16-13               Enforcement

 

16-1     Authority to Enact Chapter

18 V.S.A. Chapter 11, 24 V.S.A. Chapter 61 §2291 (14), and 32 V.S.A. Chapter 133 § 5061,

16-2     Purpose of Chapter

The purpose of this Chapter is to provide for the public health and public safety and to abate public nuisances.

16-3     Definitions

For purposes of this Chapter, the following definitions shall apply:

Board of Health shall mean the Selectboard and Health Officer, pursuant to 18 V.S.A. §604.

Dangerous Building or Structure shall mean any building or structure or part thereof declared structurally unsafe or hazardous by any duly constituted authority, whether it is occupied, unoccupied, or vacant.

Hazardous Conditions shall include, but not be limited to, situations where a property owner, tenant, any mortgagee in possession, or a designee of any of the foregoing allows: (1) trash to unreasonably accumulate or be discarded on a property in such a way that it causes an obvious hazard to public safety or public health; (2) creation of an unsanitary condition likely to attract or harbor disease-carrying pests; (3) trees and other plant life to dangerously obscure drivers’ views; (4) placement of appliances, cars, and other objects that might constitute an attractive nuisance to children or disease-carrying pests.

Health Officer shall mean any person nominated by the Selectboard to the Vermont Department of Health and subsequently appointed by the Commission of Health as the Town’s Health Officer pursuant to 18 V.S.A. § 601. Nothing in this Chapter shall prohibit the appointment of one or more assistant Health Officers.

Public Safety Inspector shall mean any person appointed by the Selectboard to administer Section 16-4 of this Chapter. Nothing in this Chapter shall prohibit the appointment of more than one Public Safety Inspector or an assistant Public Safety Inspector.

Sewer Pump Station shall mean any privately owned system designed to pump sewage from a tank or other containment system into the public sewer system, private sewer system or septic system.

Trash shall include rubbish, garbage, waste and refuse, including, but not limited to household wastes, food scraps, household appliances, automotive parts, automobiles, furniture, and yard clippings, but shall not include junk at a duly licensed junkyard.

Vacant Building or Structure shall mean any structure or building that is unoccupied by a person or occupied by unauthorized persons for one hundred twenty (120) days, excepting permitted warehouse or storage structures, garages, vacation or resort facilities or those buildings or structures only used on a seasonal basis, structures being newly constructed or rehabilitated within the terms of their zoning permits, structures being actively marketed for sale or lease, or structures receiving regular maintenance and utility services despite being unoccupied for 120 days or more.

16-4     Public Safety Hazards

(1)        Being that there exist in the Town of Manchester structures, buildings or premises that have become dangerous or unsafe and otherwise vacant, abandoned, and in disrepair, the Selectboard finds and declares:

  1. Structures or premises that become dangerous and unsafe must promptly be made safe and secure to protect the public safety.
  2. Structures that are vacant and not properly secured are dangerous and unsafe in that they are extremely vulnerable to being set on fire by unauthorized persons.
  3. Many structures or premises that are vacant, whether secured or not, are a blight on their neighborhoods, cause deterioration and instability in their neighborhoods, and have an adverse impact upon adjacent and nearby properties.
  4. Structures that were previously used as residential units and have since become vacant have a significant and detrimental impact on the local housing market.
  5. Structures that are vacant and not properly secured attract vagrants and criminals and are prime locations to conduct illegal criminal activities, including arson and drug use.
  6. Structures that are vacant and unsecured pose serious threats to the public health and safety and therefore are declared to be public nuisances.
  7. Immediate abatement of these conditions is necessary to prevent such public nuisances, prevent unsightly blight and the deterioration of neighborhoods with the consequent adverse impact on the value of adjacent and nearby properties, secure the public safety and to ensure and enhance the vitality and livability of our neighborhoods.
  8. Communication between owners of dangerous and vacant buildings or premises and the town is essential for effective allocation of public resources and the maintenance of public health, welfare, and safety in regards to such structures.

(2)        The purpose of this section and sections 16-5, 16-6, and 16-7, is to establish the reasonably necessary measures to abate the public nuisances, blight, negative housing market impact, and other harmful effects connected with dangerous and vacant or abandoned buildings, structures or premises and bring back into productive use consistent with the authority vested in the town to protect the health, safety and welfare of the public through the regulation of the construction, maintenance, repair, and alteration of buildings, structures, or premises within the town.

(3)        Enforcement Authority. The public safety inspector is authorized to administer and enforce the provisions of sections 16-4, 16-5, 16-6 and 16-7. The inspector may take such measures as are necessary for the proper administration of the section, including, but not limited to, maintaining lists on the status of vacant buildings, structures, or premises. The inspector may delegate his/her powers and duties under this chapter to an appropriate administrator or any inspector so designated.

16-5     Dangerous Structures

(1)    A building or structure or part thereof that is or becomes dangerous or unsafe shall be made safe and secure. If the building cannot be made safe or secure, the owner shall take down and remove the building. An owner of such a dangerous or unsafe building or structure who would make safe or would take down and remove such building or structure pursuant to this section shall comply with all applicable building, fire prevention, zoning ordinances, and any other applicable code or ordinance. No change of use or occupancy shall be compelled by reason of such reconstruction or restoration.

(2)    The inspector shall inspect a building or structure upon receiving information that the building or structure or anything attached or connected therewith is in violation of the specifications of all applicable public safety ordinances and codes or is otherwise in such unsafe condition that the public safety is endangered. If the inspector has reason to believe that an emergency situation exists tending to create an immediate danger to the health, welfare, or safety of the general public, the inspector shall enter and inspect the premises. Absent an emergency situation, if the owner of the vacant building or structure fails or refuses to consent to an inspection, the inspector shall seek a search warrant from the Vermont District Court for the purpose of determining and ensuring the structural integrity of the building, the repairs necessary to ensure its structural integrity, that it will be safe for entry by police officers and firefighters in time of exigent circumstances or emergency, that the building and its contents will not present a hazard to the public.

(3)    If, in the inspector’s judgment, the structure or building appears to endanger the public safety, the inspector shall in his/her discretion elect to commence action to abate as herein provided. To commence an abatement action, the inspector shall make a careful survey report based on his/her inspection of the premises, or if necessary based on an additional inspection and forthwith notify the owner to remove the condition or building or make the building or condition safe and secure in the time specified for in the notice. If it appears to the inspector that such structure would be especially dangerous, the inspector may affix a notice of dangerousness in a conspicuous space upon the structure’s exterior walls which shall not be removed or defaced without the inspector’s authority.

(4)    Any person notified as provided in subsection (3) shall within the time specified commence to secure or remove such structure. If the public safety so requires, the inspector shall enter upon the premises and cause the structure to be made safe and secure and that passers-by are protected at the expense of the owner or person interested.

(5)    If the owner refuses or neglects to remove or make the building safe, the inspector shall cause it to be taken down or otherwise made safe, and the costs and charges incurred shall constitute a lien upon the real estate upon which such building is situated and shall be enforced within the time and in the manner provided for the collection of taxes on land, pursuant to 32 V.S.A. § 5061, so long as the lien is recorded in the office where the land records are kept.

16-6     Vacant Structures

(1)    The owner of a vacant building or structure shall immediately remove all combustible waste and refuse therefrom in compliance with the applicable fire prevention codes and shall remove any waste, rubbish or debris from the interior of the structure. The owner of a vacant building or structure shall also immediately remove any waste, rubbish, debris or excessive vegetation from the yards surrounding the vacant building or structure in accordance with the vacant building maintenance standards of this article.

(2)    The owner of a vacant building or structure shall immediately lock, barricade or secure all doors, windows and other openings in the building or structure to prohibit entry by unauthorized persons, in accordance with the vacant building maintenance standards of this article. The owner of a vacant building or structure shall provide the police department with a list of persons authorized to be present in the building and shall provide notices of trespass to the police authorizing the arrest for trespass of individuals not on the list. The owner shall update the authorized person list as needed.

(3)    The obligations of owners of a vacant building or structure are continuing obligations which are effective throughout the time of vacancy, as that term is defined in this article. The inspector shall have continuing abatement authority throughout the time of vacancy.

(4) A vacant building or structure shall be deemed adequately protected from intrusion by trespassers and from deterioration by the weather if it satisfies the following vacant building maintenance standards:

  1. Building openings: Doors, windows, areaways and other openings shall be weather-tight and secured against entry by birds, vermin and trespassers and free from graffiti. Missing or broken doors, windows and other such openings shall be covered by glass or other rigid transparent materials which are weather protected, and tightly fitted and secured to the opening.
  2. Roofs: The roof and flashings shall be sound and tight, not admit moisture or have defects which might admit moisture, rain or roof drainage, and allow for drainage to prevent dampness or deterioration in the interior walls or interior of the building.
  3. Drainage: The building storm drainage system shall be functional and installed in an approved manner, and allow discharge in an approved manner.
  4. Building structure: The building shall be maintained in good repair, structurally sound and free from debris, rubbish and garbage. The building shall be sanitary. The building shall not pose a threat to the public health and safety.
  5. Structural members: The structural members shall be free of deterioration and capable of safely bearing imposed dead and live loads.
  6. Foundation walls: The foundation walls shall be maintained structurally sound and in a sanitary condition so as not to pose a threat to public health and safety, shall be capable of supporting the load which normal use may cause to be placed thereon, and shall be free from open cracks and breaks, free from leaks, free from graffiti, and be animal and rat-proof.
  7. Exterior walls: The exterior walls shall be free of holes, breaks, free from graffiti, and loose or rotting materials. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay, corrosion or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
  8. Decorative features: The cornices, belt courses, corbels, terra cotta trim, fences, wall facings and similar decorative features shall be safe, anchored, and in good repair and free from graffiti. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay, corrosion or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
  9. Overhanging extensions: All balconies, canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar features shall be in good repair, anchored, safe and sound, and free from graffiti. Exposed metal and wood surfaces shall be protected from the elements and against decay, corrosion or rust by periodic application of weather-coating materials, such as paint or similar surface treatment
  10. Chimneys and towers: Chimneys, cooling towers, smokestacks, and similar appurtenances shall be structurally safe and in good repair, and free from graffiti. Exposed metal and wood surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
  11. Walkways: Walkways shall be safe for pedestrian travel.
  12. Accessory and appurtenant structures: Accessory and appurtenant structures such as garages, sheds, and fences shall be free from safety, health, and fire hazards and shall comply with these vacant building maintenance standards.
  13. Premises: The premises upon which the structure or building is located shall be clean, safe, and sanitary, free from waste, rubbish, debris or excessive vegetation, and shall not pose a threat to the public health or safety.

16-7     Other Public Safety Hazards

(1)        In addition to buildings or structures, abandoned or neglected lands may pose hazards requiring abatement to protect the public safety. The following conditions shall not be allowed and if present on a property, the owner shall immediately abate such condition:

  1. Trash accumulated or discarded on a property in such a way that it causes an obvious hazard to public safety or public health.
  2. Unsanitary conditions on a property that attract or harbor disease-carrying pests.
  3. Excessive vegetation on a property that dangerously obscures drivers’ views or prevents or impedes emergency access or proper maintenance to buildings or structures in the vicinity.
  4. The placement of appliances, cars, and other objects on a property that might constitute an attractive nuisance to children or disease-carrying pests.

(2)    The inspector shall inspect premises upon receiving information that it is in violation of this section or is otherwise in such unsafe condition that the public safety is endangered. If the inspector has reason to believe that an emergency situation exists tending to create an immediate danger to the health, welfare, or safety of the general public, the inspector shall enter and inspect the premises. Absent an emergency situation, if the owner of the premises fails or refuses to consent to an inspection, the inspector shall seek a search warrant from the Vermont District Court for the purpose of determining and ensuring that the premises will not present a hazard to the public.

(3)    If, in the inspector’s judgment, the premises appears to endanger the public safety, the inspector shall in his/her discretion elect to commence action to abate as herein provided. To commence an abatement action, the inspector shall make a careful survey report based on his/her inspection of the premises, or if necessary based on an additional inspection and forthwith notify the owner to remove the condition or make the condition safe in the time specified for in the notice. If it appears to the inspector that such premises would be especially dangerous, the inspector may affix a notice of dangerousness in a conspicuous space upon the premises which shall not be removed or defaced without the inspector’s authority.

(4)    Any person notified as provided in subsection (3) shall within the time specified commence to make the premises safe. If the public safety so requires, the inspector shall enter upon the premises and cause it to be made safe and that passers-by are protected at the expense of the owner or person interested.

(5)    If the owner refuses or neglects to make the premises safe, the inspector shall cause it to be made safe, and the costs and charges incurred shall constitute a lien upon the real estate and shall be enforced within the time and in the manner provided for the collection of taxes on land, pursuant to 32 V.S.A. § 5061, so long as the lien is recorded in the office where the land records are kept.

16-8     Sewer Pump Stations – General

(1)        Whereas privately owned Sewer Pump Stations represent a potential significant health hazard to the citizen of the Town of Manchester, the Board of Public Health hereby directs the Health Officer, effective January 1, 2017, to regulate and license all Sewer Pump Stations in the Town of Manchester in accordance with the requirements of this Chapter.

(2)        The Health Officer may promulgate rules and regulations consistent with this Chapter to ensure the effective and efficient regulation of sewer pump stations.

16-9     Sewer Pump Stations – Category 1

(1)        Category 1 Sewer Pump Station shall mean any Sewer Pump Station that handles or is designed to handle 2,100 or more gallons per day and located within the designated Aquifer Protection Area.

(2)        On or before January 1, 2017 and each year thereafter, owners of Category 1 Sewer Pump Stations shall file a license application with the Town Health Officer, on a form approved by the Town Manager. The Health Officer shall approve or disapprove the application based on this Chapter.

(3)        The Health Officer shall charge an annual licensing fee of $250.00 to offset costs associated with licensing and inspections.

(4)        Effective January 1, 2017, the owner of a Category 1 Sewer Pump Station shall provide the Health Officer a valid certificate of insurance in an amount not less than $1,000,000 naming the Town of Manchester as an additionally insured. It shall be the responsibility of the owner to maintain insurance coverage through the term of the license. The owner shall provide a copy of the certificate of insurance to the Health Officer.

(5)        Effective January 1, 2017, the Health Officer or a qualified engineer appointed by the Health Officer shall inspect annually all Category 1 Pump Stations or at any time that the Health Officer has concerns about the operation or condition of the pump station. The Health Officer may order certain repairs or upgrades based on this Chapter and generally accepted standards in order to maintain and protect public health.

(6)        Effective January 1, 2017, all Category 1 Sewer Pump Stations shall be operated by a qualified operator licensed with the State of Vermont, who shall maintain adequate professional liability insurance in an amount not less than $1,000,000.

(7)        Effective January 1, 2018, all Category 1 Sewer Pump Stations shall have backup generators capable of powering the pump station and its equipment, including the pump for not less than 72 hours.

(8)        Effective January 1, 2018, all Category 1 Sewer Pump Stations shall have a backup pump and the capacity to install the backup pump in less than twenty-four hours.

(9)        Any violation of this section shall be considered a First Degree civil violation.

16-10   Sewer Pump Stations – Category 2

(1)        Category 2 Sewer Pump Station shall mean any Sewer Pump Station that handles or is designed to handle 2,100 or more gallons per day or located within the designated Aquifer Protection Area and handles or designed to handle between 840 gallons per day and 2,099 gallons per day.

(2)        On or before January 1, 2017 and every two years thereafter, owners of Category 2 Sewer Pump Stations shall file a license application with the Town Health Officer, on a form approved by the Town Manager. The Health Officer shall approve or disapprove the application based on this Chapter.

(3)        The Health Officer shall charge a licensing fee of $125.00 to offset costs associated with licensing and inspections.

(4)        Effective January 1, 2017, the owner of a Category 2 Sewer Pump Station shall provide the Health Officer a valid certificate of insurance in an amount not less than $500,000 naming the Town of Manchester as an additionally insured. It shall be the responsibility of the owner to maintain insurance coverage through the term of the license. The owner shall provide a copy of the certificate of insurance to the Health Officer.

(5)        Effective January 1, 2017, the Health Officer or a qualified engineer appointed by the Health Officer shall inspect all Category 2 Pump Stations as part of the licensing process or at any time that the Health Officer has concerns about the operation or condition of the pump station. The Health Officer may order certain repairs or upgrades based on this Chapter and generally accepted standards in order to maintain and protect public health.

(6)        Effective January 1, 2017, the Health Office may order, at his or her sole discretion, that a Category 2 Sewer Pump Station be operated by a qualified operator licensed with the State of Vermont, who shall maintain adequate professional liability insurance in an amount not less than $1,000,000.

(7)        Any violation of this section shall be considered a Second Degree civil violation.

16-11   Sewer Pump Stations – Category 3

(1)        Category 3 Sewer Pump Station shall mean any Sewer Pump Station not licensed under sections 9 or 10 of this Chapter and that handles or is designed to handle between 840 gallons per day and 2,099 gallons per day.

(2)        On or before January 1, 2017 and every five years thereafter, owners of Category 3 Sewer Pump Stations shall file a license application with the Town Health Officer, on a form approved by the Town Manager. The Health Officer shall approve or disapprove the application based on this Chapter.

(3)        The Health Officer shall charge a licensing fee of $50.00 to offset costs associated with licensing and inspections.

(4)        Effective January 1, 2017, the owner of a Category 3 Sewer Pump Station shall provide the Health Officer a valid certificate of insurance in an amount not less than $250,000. It shall be the responsibility of the owner to maintain insurance coverage through the term of the license. The owner shall provide a copy of the certificate of insurance to the Health Officer.

(5)        Effective January 1, 2017, the Health Officer or a qualified engineer appointed by the Health Officer may inspect any Category 3 Pump Stations as part of the licensing process or at any time that the Health Officer has concerns about the operation or condition of the pump station. The Health Officer may order certain repairs or upgrades based on this Chapter and generally accepted standards in order to maintain and protect public health.

(6)        Any violation of this section shall be considered a Third Degree civil violation.

16-12   Service of Orders and Notices

Any orders or notices authorized in this Chapter shall be served upon the owner by certified mail, return receipt requested, and by first class mail. A copy of the order shall be provided to the Board of Health.

16-13   Enforcement

The Town Health Officer and the Public Safety Inspector shall be the enforcement authorities for this Chapter.