Title 11 Public Ways and Property amd 20170109ItURAKI
Subject
Chapter
Public Right of Way Construction ............................... 1
Non -Motorized Pathways .......................................
Teton County
• CHAPTERI
PUBLIC RIGHT OF WAY CONSTRUCTION
SECTION:
ACT: The underground facilities damage prevention
act as set forth in Idaho Code section 55-2201
et seq.
CONSTRUCTION: The construction, placement or laying of any
asphalt or concrete pavement, sidewalk,
is driveway, curb, gutter water line, sanitary sewer
line, storm drain line, telephone line, electrical
line, cable TV line, gas line or any other similar
structure or appurtenant facilities in any street,
alley, easement or other public right of way of
the county.
Teton County
11-1- 1:
Definitions
11-1- 2:
Permit Required
.
11-1- 3:
Exceptions
11-1- 4:
Insurance
11-1- 5:
Application For Permit
11-1- 6:
Location Procedure
11-1- 7:
Completion Of Work And Backfilling
11-1- 8:
Time To Complete Repairs
11-1- 9:
Maintenance And Safeguards
11-1-10:
Warranty Of Repairs
11-1-11:
Repairs By County
11-1-12:
Remedy For Noncompliance
11-1-13:
No Duty
11-1-1:
DEFINITIONS: As used in this chapter, the following words
and terms shall have the meanings ascribed to them in this
section:
ACT: The underground facilities damage prevention
act as set forth in Idaho Code section 55-2201
et seq.
CONSTRUCTION: The construction, placement or laying of any
asphalt or concrete pavement, sidewalk,
is driveway, curb, gutter water line, sanitary sewer
line, storm drain line, telephone line, electrical
line, cable TV line, gas line or any other similar
structure or appurtenant facilities in any street,
alley, easement or other public right of way of
the county.
Teton County
11-1-2
EXCAVATION:
Any operation in which earth, rock or other
•
material In the ground is moved or otherwise
displaced by any means, including, but not
limited to, explosives.
EXCAVATOR:
Any person who engages directly in excavation.
REPAIR:
The improvement, alteration, modification or
replacement of any asphalt or concrete
pavement; sidewalk; driveway; curb; gutter;
water line; sanitary sewer line; storm drain line;
telephone line, conduit or facilities; electrical
•
line, conduit or facilities; cable TV line, conduit
or facilities; gas line or facilities; or any other
structure or facilities in any street, alley,
easement or other public right of way of the
county.
UNDERGROUND
Any item buried or placed below ground for use
FACILITY:
in connection with the storage or conveyance of
water unless being delivered primarily for
irrigation, sewage, electronic signal, telephonic
or telegraphic communications, cable television,
fiber optic, electrical energy, petroleum
products, gas, gaseous vapors, hazardous
liquids or other substances, including, but not
limited to, pipes, sewers, conduits, cables,
valves, lines, wires, manholes, attachments and
those parts of poles or anchors located below
ground.
WORKING DAYS:
All days except Saturdays, Sundays and legal
holidays.
WORKING HOURS: The hours from eight o'clock (8:00) A.M. to five
o'clock (5:00) P.M. of any working day. (2001
Code) 0
11-1-2: PERMIT REQUIRED: No person shall engage in any
construction, repair or excavation in any street, alley,
easement or other public right of way within the county without first
obtaining a permit from the county road and bridge supervisor. No permit
under this chapter shall be valid until or unless the notice provisions of
Teton County
11-1-2 11-1-4
• Idaho Code section 55-2201 et seq., have been complied with. The permit
shall clearly define the area within which the permittee may do such
construction, repair or excavation. A copy of the permit shall be kept on file
with the county road and bridge supervisor for a period of not less than five
(5) years after its issuance. (2001 Code)
11-1-3: EXCEPTIONS: Unless facts exist which would reasonably
cause an excavator to believe that an underground facility
exists within the depth of the intended excavation, a permit shall not be
• required for the following excavations:
A. Tilling Of Soil: The tilling of soil to a depth of less than fifteen inches
(15") for agricultural purposes;
B. Replacements: For replacement of highway guardrail posts, sign
posts, delineator posts, culverts, electrical poles, telephone poles
and traffic -control device supports in the same location and depth of
the replaced item within a public highway right of way. (2001 Code)
11-1-4: INSURANCE: No permit shall be issued pursuant to this
chapter unless the applicant presents with the application, or
has on file with the county road and bridge supervisor, a certificate of
insurance from an insurance company qualified to write insurance contracts
within the state, certifying that the applicant has a policy of liability
insurance in an amount of not less than five hundred thousand dollars
($500,000.00) single limit liability for personal injury, death and property
damage; provided, however, if the work to be done under the permit is
limited to excavation in an easement situated entirely on private property or
is for construction of a concrete sidewalk, driveway or curb and gutter
within a street right of way, but parallel with and adjacent to private
property, the amount of such insurance shall be not less than one hundred
thousand dollars ($100,000.00) single limit for personal injury, death and
property damage. Said insurance policy shall contain a clause requiring that
• the county be given at least thirty (30) days' advance written notice in the
event of expiration or anticipated cancellation. The permit shall be revoked
at the time such insurance expires or is cancelled unless a certificate of
comparable insurance is filed with the county road and bridge supervisor
prior to the time of cancellation or expiration of the original policy of
insurance. (2001 Code)
1�1
Teton County
11-1-5 11-1-8
11-1-5: APPLICATION FOR PERMIT: Applications for construction, •
repair and excavation permits shall be made at the office of
the county road and bridge supervisor. The application shall state the
applicant's name, business or home address; the applicant's right of way
contractor's license number (if any); telephone number; the location of the
construction, the name, address and telephone number of the owner of the
property where such repair or excavation will occur, the date notification
was given to all one number locator services or the owner of any
"underground public facility" as defined under the act; and the nature of the
work to be performed at the location specified. If the applicant complies
with the provisions of this chapter and the proposed construction, repair or
excavation work complies with this code and will not endanger public
health, safety or welfare, the county shall issue the permit, provided the city
may issue the permit subject to such conditions as are necessary to protect
the public health, safety and welfare. No permit shall be issued to any
person who does not possess all licenses required by state or local law.
(2001 Code)
11-1-6: LOCATION PROCEDURE: Call digline or blue stakes type
organization for location procedure. (2001 Code)
11-1-7: COMPLETION OF WORK AND BACKFILLING: All work •
shall be expeditiously performed and completed as soon as
reasonably possible. Upon completion of construction or repair, the
permittee shall promptly backfill any street, alley, easement or other public
right of way in which permittee has made any excavation. All work and
backfilling shall be done in accordance with the county standards adopted
by ordinance of the county. (2001 Code)
11-1-8: TIME TO COMPLETE REPAIRS: Permanent asphalt repairs
shall be completed by the permittee not later than three (3)
days after the excavation has been backfilled, unless otherwise authorized
by the county road and bridge supervisor or•his designated representative.
If weather conditions prohibit permanent repairs, the county road and bridge
supervisor, or his designated representative, may authorize the use and
installation of temporary cold patches. Such temporary cold patches shall
be replaced by the permittee as soon as weather permits. (2001 Code)
•
Teton County
11-1-9 11-1-12
11-1-9: MAINTENANCE AND SAFEGUARDS: The permittee shall
continuously maintain the construction, repair or excavation
site in a safe condition and keep the site free from any condition that may
cause risk of harm to any person or property at all times after the work has
commenced and until all work, including permanent patching, has been
completed and accepted by the county. During such time, permittee also
shall provide, install and continuously maintain proper safeguards, signs
and barricades at the construction, repair or excavation site. Such signs
and barricades shall conform to the requirements and standards set forth in
the most recent edition of the manual on uniform traffic control devices
published by the U.S. department of transportation, federal highway
administration, or any other manual adopted by the state of Idaho,
department of transportation, pursuant to the provisions of Idaho Code
section 49-102. (2001 Code)
11-1-10: WARRANTY OF REPAIRS: The permittee shall warrant to
the county the adequacy and continued satisfactory condition
and function of all backfill and permanent patches installed by permittee or
by any agent or employee of permittee for a period of one year after the
permanent patch has been accepted by the county road and bridge
supervisor. Such warranty shall extend only to any unsatisfactory condition
or function caused by inferior design, workmanship and materials furnished
• by permittee or by any agent or employee of permittee. (2001 Code)
•
11-1-11: REPAIRS BY COUNTY: If the permittee fails to install
permanent patching within three (3) days after completion of
backfill, or if the permittee fails to honor the warranty set forth in the
preceding section after demand by the county, the county may complete the
work and make such repairs. If such repairs are completed by the county,
the county may charge the cost of the repairs to the permittee. The cost of
repairs shall be based upon the actual charges and cost to the county of
repairs at the time the repair was completed. If the permittee is charged
with the county's costs of repairs, the permittee shall pay such cost within
five (5) days after the county has given written notice to permittee of the
cost. (2001 Code)
11-1-12: REMEDY FOR NONCOMPLIANCE: If any permittee fails to
perform any duty imposed by this chapter or if any permittee
fails to pay the costs assessed pursuant to the preceding section within the
time provided therein, the county, at its option and upon prior written notice
to permittee, may suspend or revoke any contractor's license issued by the
Teton County
11-1-12
11-1-13
county to the permittee, cancel or revoke all permits held by the permittee M
and refuse to issue to the permittee further permits for construction, repair
or excavation in public rights of way or easements of the county. (2001
Code)
11-1-13: NO DUTY: Nothing in this chapter shall be deemed or
construed to impose any private duty or obligation upon the
county to properly or accurately locate any utility line or facility or to ensure
that a permittee fully complies with the provisions hereof. (2001 Code)
•
•
C.
•
Teton County
ORDINANCE 2017-0109
Amending Title 11, Chapter 2
Teton County, Idaho
The following amendment was adopted at a regular meeting of the Board of Teton County Commissioners,
held on the 9t" day of January, 2017.-
Amendment
017:
Amendment to Title 11, Chapter 2
AN ORDINANCE TO REGULATE THE USE OF NON -MOTORIZED PATHWAYS WITHIN THE
COUNTY, AND TO PROVIDE PENALTIES FOR VIOLATION THEREOF
11-2-1 DEFINITIONS. The following words and terms in this ordinance are defined as follows:
(a) "Bicycle" means a device propelled exclusively by human power upon which a person may ride, having
two, three, or four wheels arranged in a tandem or tricycle fashion.
(b) "Motor vehicle" means a vehicle which is self-propelled including, but not limited to motorized
scooters, all -terrain vehicles, automobiles, trucks, tractors, mopeds, golf carts and Segway Personal Transporters.
(c) "Motorcycle" means a motor vehicle having a saddle or seat for use of a rider and designated to travel on
not more than three wheels in contact with the ground, but excluding a tractor.
(d) "Non -motorized pathway" shall mean any public way or easement operated and maintained or held by
the County for bicycle and pedestrian use.
(e) "Person" shall mean any person, or any firm, corporation (profit or nonprofit), or any association
(incorporated or unincorporated), or any other type of business entity.
(f) "Sign" shall have the same meaning as provided in the County Zoning Ordinance.
(g) "Snowmobile" means a motor -driven vehicle designed for travel primarily on snow or ice of a type which
utilizes sled -type runners or skis, or a revolving belt tread, or any combination of these or similar means of contact with
the surface upon which it is operated.
(h) "Vehicle" means a device in, upon, or by which any person or property is or may be transported or drawn
upon a highway, excepting devices moved exclusively by human power.
(i) "Designated Easement" is a two (T) foot area that runs on either side of the paved non -motorized
pathway.
11-2-2 PROHIBITION OF MOTOR VEHICLE USE. No person shall operate an automobile, truck, tractor,
moped, motorcycle, four wheeler, or any other type of motor vehicle upon any non -motorized pathway within the
County, except directly to enter or depart from adjacent property. Provided, however, this section shall not prohibit the
use of snowmobiles on the pathway when snow covers the pathway, nor shall it prohibit use of pedestrian pathways by
persons using power driven mobility devices as defined by the Americans with Disabilities Act. County employees or
others authorized by the County to perform inspection, repair, or maintenance work, and persons providing emergency
medical or veterinary services, in the performance of their official or professional duties shall be exempted as well.
11-2-3 SAFE BICYCLE AND SNOWMOBILE OPERATION. All persons will travel in a consistent and
predictable manner. No person shall operate a bicycle or a snowmobile on a non -motorized pathway at a speed greater
than what is reasonable and prudent under the conditions then existing, and in no event at a speed greater then 25 mph.
Any person operating a bicycle or snowmobile on a non -motorized pathway shall yield the right-of-way to motor
NON -MOTORIZED PATHWAYS Amended 01-09-2017 Page 1 of 4
vehicles that are crossing the non -motorized pathway, and also shall yield the right-of-way to pedestrians who are using
the non -motorized pathway.
11-2-4 COUNTY POLICIES REGULATING PATHWAY USE. The Board of County Commissioners may adopt
policies for regulating the use of non -motorized pathways, consistent with the terms of this ordinance. Such policies may
include provisions regulating the occurrence and scope of gatherings and events on, near or associated with a non -
motorized pathway, including but not limited to a County Events Policy. Users of any non -motorized pathway located in
the County shall:
(a) Travel in a consistent and predicable manner.
(b) Travel as near to the right side of the pathway as is safe, except as may be appropriate while preparing to
make or making turning movements, or while over taking or passing another user traveling in the same direction.
(c) Occupy only the right half of the non -motorized pathway, measured from the right side, so as not to
impede the normal and reasonable movement of other pathway users.
(d) Pass other users on the left and only when it can be done safely, returning to the right upon safely clearing
the user being passed.
(e) Give an audible warning signal (e.g. voice, bell, or mechanical or electrical signaling device), in sufficient
time to allow response, before passing any user.
(f) Remove themselves and any equipment off the non -motorized pathway when stopping, standing or
parking.
11-2-5 DAMAGE.
(a) No person shall willfully or maliciously, or wantonly destroy, injure, mutilate, deface, paint on, write on,
alter, remove or otherwise damage or carry away a non -motorized pathway, on any part thereof, or any sign, pillar,
fence, bench, trash container or part thereof, relating thereto.
(b) At the County's option, the County may either repair the damage caused by a person who violates
subsection (a), and such person shall be responsible for reimbursing the County for such repair work, or alternatively, the
County may require the person who caused the damage to repair the non -motorized pathway to its prior state within ten
(10) days of the date of the damage. All such repair work shall be performed to the County's satisfaction.
11-2-6 NON -MOTORIZED PATHWAY OBSTRUCTION.
(a) PARKING. No person shall stop, stand or park or cause to be stopped, standing or parked, any vehicle,
motorcycle, trailer, mobile home, motor home, camper, or boat or any other object upon a non -motorized pathway or the
designated easement so as to obstruct the free passage of pedestrians, vehicles or other persons or conveyances.
(b) DEBRIS. No person shall deposit or burn, or cause to be deposited or burned, any litter, or leaves,
branches, grass, brush or other yard debris upon a non -motorized pathway, or deposit, or cause to be deposited, any
earth, stone, sand, gravel, trash, rubbish, cans, bottles, broken glass, nails, garbage cans or any other objects or debris
upon a non -motorized pathway or within the designated easement for the non -motorized pathway.
(c) DEPOSIT OF ICE OR SNOW. No person, in removing snow, ice or slush from private property, or from
public property under his or her control, such as a driveway, vehicle parking area or approach area, shall dump or
deposit, or cause to be dumped or deposited, such snow, ice or slush, either temporarily or permanently, on any non -
motorized pathway without the prior written permission of an authorized Victor County official.
NON -MOTORIZED PATHWAYS Amended 01-09-2017 Page 2 of 4
11-2-7 ANIMALS.
(a) Any person who owns or exercises any control over an animal shall, if the animal deposits any fecal
matter on any non -motorized pathway or within the designated easement for the non -motorized pathway, immediately
and completely remove such matter. This section shall not prohibit the presence of animals on non -motorized pathways.
(b) Pets must be under the control of the owner at all times so as not to interfere with other pathway users.
11-2-8 VEGETATION. No person shall plant any trees, shrubs or other vegetation within the designated easement for
the non -motorized pathway without first obtaining a permit or other written permission from the County. The County
reserves the right to maintain trees and shrubs within the designated easement of the non -motorized pathway.
11-2-9 IRRIGATION. No person shall leave any garden hose, lawn sprinkler or other irrigation device or similar
implement unattended when such hose, sprinkler, device or implement is in contact with or runs across or over the
surface of a non -motorized pathway. No water or other outflow from such device shall encroach upon the surface of a
non -motorized pathway.
11-2-10 CONSTRUCTION PROJECTS.
(a) If any construction project on lands adjoining a non -motorized pathway results in damage to the non -
motorized pathway, then all such damage shall be fully repaired and the non -motorized pathway shall be restored to its
former condition within ten (10) days after the damage occurs, unless otherwise authorized by Victor County; provided,
however, that if weather conditions prevent full restoration of the non -motorized pathway within such ten (10) day
period, then the non -motorized pathway shall be temporarily patched and restored so as to permit reasonable use by
bicycles, skaters and pedestrians, and full repair and restoration shall then be completed as soon as weather permits.
(b) An occupancy permit shall not be granted under the County zoning ordinance or building code for any
building or structure unless and until any non -motorized pathway damaged in connection with the construction of such
building or structure has been fully repaired and restored to its former condition; provided, however, that if weather
conditions then prevent full repair and restoration of the non -motorized pathway, an occupancy permit may be granted if
(i) the non -motorized pathway has been temporarily patched and restored so as to permit safe and reasonable use by
bicycles and pedestrians, and (ii) the County is provided with adequate financial security in the form of a cash deposit,
letter of credit or performance bond, to guarantee full repair or restoration of the non -motorized pathway as soon as
weather permits.
(c) Repair of all damage, as required by this Section, shall be performed in compliance with trail standards
set by the County Engineer.
11-2-11 CUTS OR OPENINGS IN SIDEWALK OR PEDESTRIAN PATHWAY.
(a) All persons shall complete a Non -motorized Pathway Opening Permit if it is necessary to make a cut or
opening in a non -motorized pathway. Such cut or opening shall not be made until a Non -motorized Pathway Opening
Permit has been authorized in writing by the County.
(b) If an emergency requires an immediate utility cut or opening to be made, the County Public Works
Director shall be notified, the permit completed and the applicable fee paid on the next business day during which the
County office is open.
(c) When the work within a cut or opening is completed, the cut or opening shall be promptly compacted and
restored as required in accordance with the trail standards set by the County Engineer.
11-2-12 SIGNS.
(a) No person shall install, attach, suspend or in any other manner display any sign, banner, printed leaflet or
similar object or above a non -motorized pathway, or within the designated easement for the non -motorized pathway, nor
NON -MOTORIZED PATHWAYS Amended 01-09-2017 Page 3 of 4
shall any person tape or affix any sign, banner, printed leaflet or similar object to a non -motorized pathway or within the
designated easement for the non -motorized pathway without the prior written approval of the County Zoning
Administrator or other County official authorized to grant such approval.
(b) The provisions of this Section shall not prohibit the County from installing and maintaining signs and
markers pertaining to the non -motorized pathway or painting words or markings on the pathway if necessary for the
proper use of the pathway or for public safety purposes.
11-2-13 EXEMPTION. This ordinance shall not apply to work being done by an authorized County official or
employee on a non -motorized pathway and this ordinance shall not be construed to prohibit the County, or any officer,
employee or agent thereof, from exercising all reasonable and necessary governmental powers with respect to the use,
maintenance and repair of non -motorized pathways.
11-2-14 SANCTIONS FOR VIOLATIONS. Any person or other entity who violates any of the provisions of this
Ordinance is guilty of an infraction as defined by Idaho law and is subject to a fine of eighty five dollars ($85.00) plus
costs. A violator of this Ordinance shall also be subject to such additional sanctions, remedies, and judicial orders as are
authorized under Idaho law. Each time a violation of this Ordinance exists constitutes a separate violation.
11-2-15 SEVERABILITY. This ordinance and the sections and subsections thereof are severable. If any portion of this
ordinance is adjudged invalid, the remainder of the ordinance shall not be affected thereby, but shall remain in full force
and effect.
11-2-16 CONFLICT. If any ordinances or parts of ordinances are in conflict with this ordinance this ordinance shall
control.
ADOPTED this 9t" Day of January, 2017.
Teton County Board of County Commissioners
Y
By: «/
Mark R, Ricks, Ctnur
ATTEST:
Ma Lou Hansen, County Clerk
NON -MOTORIZED PATHWAYS Amended 01-09-2017 Page 4 of 4