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(a) No person shall stand or be upon a median of any street for longer than is reasonably necessary to cross the street.

(b) For the purpose of this Section, median means:

(1) The area of a street, generally in the middle, which separates traffic traveling in one (1) direction from traffic traveling in another direction, or which, at intersections, separates traffic turning left from traffic proceeding straight. Such an area is physically defined by curbing, landscaping, or other physical obstacles to the area’s use by motor vehicles, or by traffic control markings which prohibit use of a portion of the pavement of a street by motor vehicles other than to drive generally perpendicularly across the markings, or to wait there awaiting the opportunity to cross or merge with the opposing lanes of traffic (also known as painted medians, which are wider than a double yellow line); or

(2) The area of a street at an intersection between the streets and a right turn only lane, roughly triangular in shape, and separated from the motor vehicle traffic lanes by curbing, landscaping, or other physical obstacles to the area’s use by motor vehicles (also known as a right turn island).

(c) This Section shall not apply to any employee or agent of the Town.

(d) The Town Manager, or designee, may authorize any person or persons to stand or be upon a median provided the following conditions are met:

(1) Charitable purpose or organization;

(2) Completion of Town application;

(3) No person under eighteen (18) years of age;

(4) Limited to time duration established by the Town;

(5) Limited to area specifically designated by the Town;

(6) Any person involved in activities under the permit shall execute a release, as provided by the Town, prior to engaging in any such activity;

(7) Subject to any other reasonable limitations as determined by the Town Manager, or designee, in his or her sole discretion;

(8) There shall be no application fee charged by the Town.

(e) In the event a permit is granted, failure to comply with the terms and conditions of the permit, including expanding the area of the permitted activity, is unlawful and subject to immediate revocation of the permit at the sole discretion of the Town Manager or designee.

(f) This Section is deemed a noncriminal violation. Upon conviction penalties set forth at Section 1-72(a) of this Code shall apply. (Ord. 1311 §4, 2019)