Sec. 22-1. - Creation and establishment of new streets and sidewalks.

The creation and establishment of new streets and sidewalks shall be subject to the approval of the board of commissioners.

(Code 1974, § 17-1)

Sec. 22-2. - Underground installation of utilities; permit required.

No person shall install any wire, pipe or other utility device underground without having first obtained a permit to do so from the town clerk.

(Code 1974, § 17-4)

Cross reference— Utilities, ch. 26.

Sec. 22-3. - Sidewalk or driveway construction; permit required.

No sidewalk or driveway of any description shall be built by any person without a written permit from the town, if such sidewalk or driveway encroaches upon or abuts a town right-of-way.

(Code 1974, § 17-3)

Sec. 22-4. - Digging, etc., in streets; permit required.

It shall be unlawful for any person to dig any hole, ditch or excavation of any kind whatsoever on any street in the town without first securing a permit therefor in writing from the town clerk.

(Code 1974, § 17-2)

Sec. 22-5. - Excavation requirements.


Leaving unprotected or unlighted. It shall be unlawful for any person making any excavation in any of the streets or sidewalks to fail to protect passersby from such excavation by barricades or to fail to place a sufficient number of lights around such excavation before dark and to keep such light burning all night every night such excavation shall be open.


Restoration. It shall be the duty of every person who shall open or dig a ditch, trench or hole in any street, public alley or sidewalk of the town to put such street, public alley or sidewalk in as good condition in all respects as it was before.

(Code 1974, §§ 17-5, 17-6)

Sec. 22-6. - Overhead passageways for construction near sidewalk.

Before building or remodeling at any place more than one story in height and in close proximity to a sidewalk, a covered passageway shall be constructed, so as to leave the sidewalk unobstructed and provide safe and easy passage.

(Code 1974, § 17-8)

Sec. 22-7. - Duty to keep sidewalk, etc., free from obstruction.

Every occupant of a lot on any street shall keep the sidewalk clear and the gutter open and free from obstruction as far as such lot extends.

(Code 1974, § 17-11)

Sec. 22-8. - Placing objects or materials on streets or sidewalks.

No substance obstructing the free passage of persons and vehicles shall be placed or suffered to lie in any of the alleyways, streets or other routes of the town, nor shall any person place on or in any of the streets, sidewalks or alleyways of the town any box, crates, casks or barrels of any description, or any other obstruction of any kind; provided, that any person erecting a building may, with permission, place building material for immediate use on the streets in such a way as to not interfere with the usual traffic thereon.

(Code 1974, § 17-12)

Sec. 22-9. - Obstruction of passage on sidewalks by assemblies, gates, doors or goods and wares.

Any obstruction of any sidewalk which prevents the free passage of people shall be unlawful, whether it be by unlawful assemblies, exhibition of wares or goods for sale or gates or doors swinging across such sidewalk.

(Code 1974, § 17-13)

State law reference— Obstructing highways and roads, G.S. 136-90 et seq.

Sec. 22-10. - Dragging or running heavy machinery or tools over streets; damaging or tampering with lighting posts, etc.


It shall be unlawful for any person to drag, run or cause to be dragged or run any harrow or other implement, engine, machine or tool upon any permanently paved street of the town, which is liable to injure or cut the surface thereof in any way.


No public property on the street, such as lighting posts, bridges, culverts, drains, etc., shall in any way be damaged or tampered with by any unauthorized person.

(Code 1974, § 17-7)

Sec. 22-11. - Restrictions on use of coasters, roller skates, etc.


Generally. No person upon roller skates, or riding in or by means of any coaster, toy vehicle or similar device, shall go upon any roadway, unless while crossing a street at a crosswalk or intersection; except upon streets set aside as play streets. The term "play streets" means any street in a residential zone. If a street is a dividing line between a residential zone and any other zone it shall not be a play street, except for Broad Street.


Skating on certain streets. No person shall be allowed to use skates or skateboards from Elizabeth Street to Fifth Street on Broad Street or on Second and Third Streets between Blue and Armfield Streets.

(Code 1974, §§ 11-8, 17-10)

Sec. 22-12. - Hazardous recreational activity—Skateboard park.


The board of commissioners shall adopt and amend from time to time a schedule of use and a list of rules of use for all publicly owned and operated skateboard parks and that the current schedule and rules shall be posted at the park and that the skateboard park shall remain locked at all other times and that unauthorized entry into said skateboard park shall constitute trespassing and that appropriate signs affording reasonable notice and warning against trespassing and that violators may be subject to prosecution shall be posted at the facility.


As authorized by Chapter 99E, Article 3 of the North Carolina General Statutes, any person riding a skateboard at such facility is required to wear a helmet, knee pads, and elbow pads and that signs shall be posted at the facility affording reasonable notice that any person riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads and that any person failing to do so will be subject to citation under the ordinance from which this section derives.


As authorized by G.S. 14-4 and G.S. 99E-23(1), any person violating this section shall be guilty of a Class 3 misdemeanor and fined not more than $50.00.


Pursuant to G.S. 99-24, any person who participates in or assists in hazardous recreational activities is legally responsible for all damages, injury, or death to himself or herself and other persons or property that result from these activities. Any person who observes hazardous recreational activities assumes the known and unknown inherent risks in these activities. Participants must: (1) act within the limits of his or her ability and the purpose and design of the equipment used, (2) maintain control of his or her person and the equipment used, (3) refrain from acting in a manner that may cause or contribute to death or injury of himself, herself, or other persons.


The town shall not be liable for any damage or injury to property or persons that arises out of a person's participation in the activity.


This section to become effective upon the completion of the construction or erection of a town-owned or operated skateboard park when the appropriate signs have been installed.

(Ord. of 1-8-2009)

Secs. 22-13—22-30. - Reserved.