TABLE OF CONTENTS

TITLE 1 – GENERAL PROVISIONS

CHAPTER AND SECTIONS: PAGE:

1.05 CORPORATE SEAL 3

1.05.010 Description of Corporate Seal

1.10 ELECTIONS 3

1.10.010 Authority to Specify the Conduct of Elections

1.10.020 Conduct of Elections

1.10.030 Terms of Office

1.15 TOWN COUNCIL MEETINGS 3

1.15.010 Regular Meetings

1.15.020 Meetings, Generally

1.15.030 Call for Special Meeting

1.15.040 Regular and Special Meetings: Record

1.15.050 Duties of Clerk as to Journal

1.15.060 Adjournment of Meeting to a Subsequent Date

1.15.070 Executive Session

1.15.080 Council Meetings: Quorum

1.15.090 Attendance of Clerk and Officer on Duty

1.15.100 Committees

1.15.110 Disruption of Public Meeting

1.20 RULES GOVERNING TOWN COUNCIL MEETING PROCEDURE 6

1.20.010 Parliamentary Procedure to Be Used

1.20.020 Presiding Officer

1.20.030 Duties and Privileges of Presiding Officer

1.20.040 Call to Order and Order of Business

1.20.050 Priority of Business

1.20.060 Motion and Resolutions

1.20.070 Order of Motions

1.20.080 Division of Question

1.20.090 Ayes and Nays

1.20.100 Motion for “Previous Question”

1.20.110 Different Sums and Times Proposed: Order of Vote

1.20.120 Procedure Before Council Member Speaks

1.20.130 Procedure During the Putting of the Question

1.20.140 No Private Conversations

1.20.150 Member Called to Order

1.20.160 Adjournment

1.20.170 Amendment of Rules

1.25 COMMITTEES 9

1.25.010 Ad Hoc Committees

1.25.020 Special Committees

1.25.030 Committee Reports

1.30 ORDINANCES 9

1.30.010 Passage of Ordinances

iii

1.30.020 Repeal of Ordinances

1.30.030 Repeal of Ordinance Repealing Former Ordinance

1.30.040 Plural Words and Male Gender Used in Ordinances

TITLE 2 – ADMINISTRATION & PERSONNEL

CHAPTERS AND SECTIONS:

2.05 GENERAL PROVISIONS 12

2.05.010 Appointed Town Officers

2.05.020 Salaries of Town Officers

2.05.030 Bonds Required for Officers

2.05.040 Oath

2.05.050 Duties

2.10 MAYOR 12

2.10.010 Powers and Duties

2.15 MAYOR PRO-TEM 13

2.15.010 Definition

2.15.020 Duties and Powers

2.20 TOWN CLERK 13

2.20.010 Duties

2.25 TOWN TREASURER 14

2.25.010 Duties

2.30 CHIEF OF POLICE 15

2.30.010 Duties

2.40 TOWN ATTORNEY 16

2.40.010 Duties

2.45 MUNICIPAL COURT JUDGE 16

2.45.010 Duties

2.50 PUBLIC WORKS DIRECTOR 16

2.50.010 Duties

2.55 TOWN ENGINEER 17

2.55.010 Duties

TITLE 3 – FINANCE 

CHAPTERS AND SECTIONS:

3.05 INDUSTRIAL DEVELOPMENT REVENUE BONDING 19

3.05.010 Criteria for Consideration

3.05.020 Application Fee

3.05.030 Reimbursement of Expenses

3.05.040 Applicant Financial Information

3.05.050 Marketability of Bonds

3.05.060 Determination of Town

iv

3.05.070 Liability of Town and Bond Purchaser

3.05.080 Limitation of Inducement Resolution

3.10 RETURNED CHECKS 22

3.10.010 Returned Checks

3.10.015 Use of Collection Agency

3.10.020 Non-exclusive Remedy

TITLE 4 – CRIMES AND OFFENSES

CHAPTERS AND SECTIONS:

4.05 GENERAL PROVISIONS 25

4.05.010 Classes of Crimes, Violations

4.05.020 Requirements of Culpability

4.10 CRIMES AGAINST PUBLIC PEACE 26

4.10.010 Disorderly Conduct

4.10.020 Permitting Disorderly Establishment

4.10.030 Discharging of Firearms or Firecrackers

4.10.035 Selling of Firecrackers or Explosives

4.10.040 Concealed Weapons

4.10.045 Brandishing a Deadly Weapon

4.10.050 Disturbing the Peace

4.10.060 Criminal Provocation

4.10.070 Disturbance of Lawful Assembly

4.10.080 Unlawful Assembly

4.10.090 Impersonation of a Police Officer

4.10.100 Interference with a Police Officer

4.10.110 Interference with Town Employees

4.10.120 False Calls

4.10.130 Interfering with Fire Alarm System

4.10.140 Interfering with Fire Hydrants, Water Mains, etc.

4.10.150 Erection of Dangerous Fences

4.10.160 Curfew

4.10.170 Engine Compression Brake Use Prohibited

4.10.180 Illegal Sale of a Lottery Ticket

4.15 CRIMES AGAINST THE PERSON 31

4.15.010 Assault

4.15.020 Assault and Battery

4.15.030 Domestic Abuse

4.15.040 Stalking

4.20 CRIMES AGAINST PROPERTY 33

4.20.010 Throwing of Objects Prohibited

4.20.020 Destruction of Property

4.20.030 Interference with Safety Device

4.20.040 Destruction of Lawfully Posted Papers

4.20.050 Defrauding Vending Machine, Coin Telephone

4.20.060 Unlawful Opening of Vending Machine

4.20.070 Petty Larceny

v

4.20.080 Larceny

4.20.090 Shoplifting

4.20.100 Detention and Interrogation of Suspects

4.20.110 Reasonable Cause A Defense Against Action Brought by Person Detained

4.20.120 Unauthorized Fire

4.20.130 Throwing Burning Matches, Cigarettes, etc. from Vehicle

4.20.140 Malicious Mischief

4.20.150 Parties to A Crime

4.20.160 Check Fraud

4.20.170 Trespass

4.20.180 Vandalism

4.20.190 Theft of Labor, Services of Use of Property

4.20.195 Failure to Pay

4.20.200 Parties to a Crime

4.25 CRIMES AGAINST PUBLIC DECENCY 36

4.25.010 Public Intoxication

4.25.020 No Serving of Minors

4.25.030 Minors in Possession or Under the Influence of Alcohol

4.25.040 Public Nudity

4.25.050 Voyeurism

4.25.055 Lewd and Lascivious Behavior

4.25.060 Obscenity: Definitions

4.25.070 Obscenity: Prohibited Conduct

4.25.080 Obscenity: Notice, Presumption of Knowledge

4.25.090 Obscenity: Proceedings

4.25.100 Prostitution

4.25.110 Possession of Controlled Substance

4.25.115 Synthetic Cannabinoids and MDKP

4.25.120 Person Using or Under the Influence of Controlled Substance

4.25.130 Definitions

4.25.140 Drug Paraphernalia

4.25.150 Tobacco: Sale, etc. to Minors

4.30 ABANDONED PROPERTY 43

4.30.010 Abandoned Automobiles

4.30.020 Removal of Abandoned Automobiles

4.30.030 Other Abandoned, Unused, etc. Property

4.30.040 Removal of Abandoned, Unused, etc. Property

4.30.050 Abatement of Nuisance

4.30.060 Penalty of Violation

TITLE 5 – ANIMALS

CHAPTERS AND SECTIONS:

5.05 DOGS AND OTHER ANIMALS 46

5.05.005 Compliance

5.05.010 Rabies Vaccination

vi

5.05.020 License Required

5.05.030 License Procedure

5.05.040 Keeping Other Animals

5.05.045 Keeping of Chickens

5.05.050 License for Horses

5.05.060 Penalty for Licensing Violation

5.05.070 Dog at Large

5.05.080 Impounding of Animals

5.05.090 Reclaiming Impounded Animals

5.05.100 Vicious or Noisy Dog

5.05.110 Kennel License Required; Kennel Permits

5.10 CRUELTY TO ANIMALS 51

5.10.010 Cruelty to Animals Prohibited

5.15 ANIMAL ENCLOSURES 51

5.15.010 Offensive Animal Enclosures

5.20 ANIMALS AT LARGE 51

5.20.010 Animals at Large Prohibited

5.20.020 Impoundment of Animals

5.20.030 Interference with Impoundment Prohibited

5.20.040 Notification of Owner

5.20.050 Disposal of Impounded Animals.

5.20.060 Excess Monies from Sale

5.25 DEAD ANIMALS 53

5.25.010 Animal Carcass is Nuisance

5.25.020 Disposal of Animal Carcass

TITLE 6 – HEALTH AND SAFETY

CHAPTERS AND SECTIONS:

6.05 FOOD 56

6.05.010 Unwholesome Food for Sale

6.05.020 Restrictions on Food

6.05.030 Container for Food Storage

6.05.040 Seizure of Unwholesome Food

6.05.050 Penalty for Violation

6.10 FIRE 56

6.10.010 Adoption of Uniform Fire Code

6.10.020 Modification of Uniform Fire Code

6.10.030 Future Modifications of Uniform Fire Code

6.10.040 Enforcement of Uniform Fire Code

6.10.050 Appeals

6.10.060 Penalty for Violation of Fire Code

6.15 MAINTENANCE OF PREMISES 58 6.15.010 Clean and Orderly Premises

6.15.015 Purpose, Violation of, Fire Hazard and Nuisance

6.15.016 Excessive and/or Noxious Weeds

6.15.020 Notice to Destroy Weeds

vii

6.15.025 Action Upon Non-Compliance with Order

6.15.030 Maintaining a Health Menace

6.15.035 Offensive Matter on Premises

6.15.040 Liquids Allowed to Become Nauseous

6.15.050 Abatement of Nuisance

6.15.060 Places Where Cooking or Eating is Done

6.15.070 Littering Prohibited

6.15.080 Vacant Lots

6.20 GARBAGE COLLECTION AND DISPOSAL 61

6.20.010 Definitions

6.20.020 Garbage Collection by Commercial Services

6.20.030 Responsible for Removal of Certain Material to Transfer Station

6.20.040 Burning of Garbage Unlawful

6.20.050 Securing Refuse Containers

6.20.060 Commercial District: Fenced Collection Containers

6.20.070 Penalty for Violation

6.20.080 Transfer Station Rates, Hours, Penalties, and Salvage Privileges

6.25 HOUSE NUMBERING 64

6.25.010 Purpose

6.25.020 Number Size

6.25.030 Color and Location

6.25.040 Compliance

6.25.050 Penalty

6.30 SMOKING REGULATIONS IN TOWN BUILDINGS 65

6.30.010 Purpose

6.30.020 Definitions

6.30.030 Policies

6.30.040 Violation

6.35 UNIFORM CODE FOR ABATEMENT OF DANGEROUS

BUILDINGS 65

6.35.010 Title

6.35.020 Purpose and Scope

6.35.030 Enforcement, General

6.35.040 Abatement of Dangerous Buildings

6.35.050 Violations

6.35.060 Inspection of Work

6.35.070 Board of Appeals

6.35.080 Definitions, General

6.35.090 Dangerous Buildings

6.35.100 Notices and Orders of Building Official, General

6.35.110 Recordation of Notice and Order

6.35.120 Repair, Vacation and Demolition

6.35.130 Notice to Vacate

6.35.140 Appeals, General

6.35.150 Effect of Failure to Appeal

6.35.160 Scope of Hearing on Appeal

6.35.170 Staying of Order Under Appeal

6.35.180 Procedure for Conduct of Hearing Appeals, General

6.35.190 Form of Notice of Hearing

6.35.200 Subpoenas

viii

6.35.210 Conduct of Hearing

6.35.220 Method and Form of Decision

6.35.230 Compliance: Enforcement of the Order of the Building Official or the Board of Appeals

6.35.240 Extension of Time to Perform Work

6.35.250 Interference with Repair or Demolition Work Prohibited

6.35.260 Performance of Work of Repair or Demolition, General

6.35.270 Recovery of Cost of Repair or Demolition; Expense, Filing of Report: Contents

6.35.280 Report Transmitted to Council: Set for Hearing

6.35.290 Protests and Objections: How Made

6.35.300 Hearing of Protests

6.35.310 Personal Obligation or Special Assessment

6.35.320 Contest

6.35.330 Authority for Installment Payment of Assessments with Interest

6.35.340 Lien of Assessment

6.35.350 Report to Assessor and Tax Collector: Addition of Assessment to Tax Bill

6.35.360 Filing Copy of Report with County Auditor

6.35.370 Collection of Assessment: Penalties for Foreclosure

6.35.380 Repayment of Repair and Demolition Fund

6.40 BUILDING CODES 81 6.40.010 International Building Code Adopted

TITLE 7 – TRAFFIC, PARKING, SIDEWALKS, AND ROADS

CHAPTERS AND SECTIONS:

7.05 TRAFFIC 85

7.05.010 General Traffic Code

7.05.015 Additional Adopted Traffic Provisions

7.05.020 Intent of General Traffic Code

7.05.030 Driving While License Cancelled, Suspended or Revoked

7.05.040 Failure to Maintain Liability Coverage; Exceptions

7.05.050 Speed or Acceleration Contest or Exhibition on Highways

7.05.060 Penalty

7.10 PARKING 87

7.10.010 Prohibited at All Times; Signs Not Required for Enforcement

7.10.020 Method of Parking, Generally

7.10.030 Truck Parking

7.10.040 Private Property

7.10.050 Stop When Traffic Obstructed

7.10.060 Blocking of Streets, Alleys or Sidewalks

7.10.070 Yield Right-of-Way Sign, Obedience: Manner of Entering Intersections So Posted

7.10.080 Storage of Vehicles in Public Space Prohibited

7.10.090 Parking Vehicles on Public Streets for Repairs

7.10.100 Parking Near Intersections Restricted

ix

7.10.110 Abandonment Declared Nuisance

7.10.120 Snow Removal Parking

7.10.130 Authority to Impound Illegally Parked Vehicles

7.10.140 Definitions

7.10.150 Penalty

7.15 BICYCLES 90

7.15.010 Defined

7.15.020 Operation: Applicability of Traffic Regulations

7.15.030 Operation: When Provisions in Effect

7.15.040 Operation: Riding on Seat Required; Number of Persons Permitted

7.15.050 Operation: To Be Ridden on Right Edge of Roadway; Riding More Than Two Abreast; Use of Bicycle Paths

7.15.060 Operation: Carrying Packages, etc.

7.15.070 Operation: Equipment

7.15.080 Operation: On Sidewalks

7.15.090 Operation: Liability of Parents or Guardians

7.20 SNOWMOBILES 91

7.20.010 Definitions

7.20.020 Operation Unlawful

7.20.030 Penalty for Violation

7.25 SIDEWALKS 93

7.25.010 Removal of Snow and Ice

7.25.020 Cleaning Sidewalks

7.25.030 Obstruction of Sidewalks

7.25.040 Driving on Sidewalks

7.25.050 Broken Sidewalks

7.25.060 Penalty for Violation

7.30 EXCAVATIONS 94

7.30.010 Definitions

7.30.020 Permit Required

7.30.030 Application for Permit

7.30.040 Permit Procedure

7.30.050 Responsibility of Commissioner

7.30.060 Bonding

7.30.070 Permit Fees

7.30.080 Excavation Placard

7.30.090 Barriers and Warning Devices for Safety

7.30.100 Crossings and Passageways for Pedestrians and Vehicles

7.30.110 Routing of Traffic: Closing of Streets

7.30.120 Emergency Evacuations

7.30.130 Liability of Municipality and Municipal Employees

7.30.140 Liability of Permittee

7.30.150 Prompt Completion of Work and Restoration Required

7.30.160 Inconvenience, Annoyance, etc., to General Public and Occupants

of Neighboring Property

7.30.170 Interference with Access to Fire Hydrants, Fire Escapes and Other Vital Equipment

7.30.180 Interference with Existing Facilities

7.30.190 Protection of Adjoining Property

x

7.30.200 Care of Lawn Areas; Removal of Trees and Shrubs from Parking Strip Areas

7.30.210 Breaking Through Pavement

7.30.220 Disposition of Materials from Excavation

7.30.230 Removal of Debris

7.30.240 Normal Storm Flows

7.30.250 Disposal of Muck, Silt, etc.

7.30.260 Backfilling

7.30.270 Restoration of Surface

7.30.280 Penalty

7.30.290 Severability

7.30.300 Repeal and Effective Date

7.35 MISCELLANEOUS PROVISIONS 102

7.35.010 Injury to Pavement or Sidewalks

7.35.020 Excavations Near Street

7.35.030 Removal of Materials

7.35.040 Excavation in Streets or Alleys

7.35.050 Hindering of Repair or Construction

7.35.060 Building Material in Streets

7.35.070 Repair of Damage

7.35.080 Enforcement

7.35.090 Penalties

TITLE 8 – TOWN LICENSES AND PERMITS

CHAPTERS AND SECTIONS:

8.05 GENERAL BUSINESS LICENSES 107

8.05.010 Compliance Required

8.05.020 Application Process

8.05.030 License Tax Certificate

8.05.040 Transfer of License

8.05.050 Payment Due Dates

8.05.060 License Fees for Businesses and Occupations

8.05.070 Several Businesses at One Location

8.05.080 Penalty

8.05.090 Appeals

8.05.100 Public Utilities

8.10 ALCOHOLIC BEVERAGES 109

8.10.010 Adoption of State of Wyoming Alcoholic Beverage Control Laws

8.10.020 Compliance with Chapter

8.10.030 Retail Liquor License Fee

8.10.040 Restaurant Liquor License Fee

8.10.050 Twenty-four Hour Malt Beverage Permit Fee

8.10.060 Transfer of License Location or Ownership Fee

8.10.070 Hours of Sale

8.20 BUILDING PERMITS 110

8.20.010 Building Permits

xi

8.25 ADVERTISING AND SIGNS 111

8.25.010 License to Post, Distribute, etc., Advertising Material Required

8.25.020 Same: Application, Issuance, Term

8.25.030 Same: Fee

8.25.040 Throwing, etc., Newspapers, Handbills, etc., on Private Property Without Owner’s Consent

8.25.050 Destroying Authorized Advertisement

8.25.060 False Advertising

8.25.070 Maintenance of Signs

8.25.080 Removal of Temporary Political or Promotional Placards and Posters

8.30 SECONDHAND DEALERS, PAWNBROKERS, AND JUNK

DEALERS 113

8.30.010 Pawnbrokers, Defined

8.30.020 Licenses: Required

8.30.030 Licenses: Fee, Transfer

8.30.040 Licenses: Revocation

8.30.050 Licenses: Secondhand Dealer’s License Not Required

8.30.060 Bond

8.30.070 Records: Required Contents

8.30.080 Records: Delivery to Police; Retention of Copy

8.30.090 Inspection of Records, Merchandise, etc.

8.30.100 Stolen or Illegally Obtained Property

8.30.110 Transactions with Minors

8.30.120 Compliance with Wyoming Consumer Credit Code and Interest Limitations

8.30.130 Secondhand Dealers, Defined

8.30.140 Licenses

8.30.150 Records, Generally

8.30.160 Inspection of Records, Merchandise, etc.

8.30.170 Stolen or Illegally Obtained Property

8.30.180 Junk Dealers: License Required

8.30.190 Licenses: Application

8.30.200 Licenses: Fee

8.30.210 Right of Entry of Police and City Officers

8.30.220 Articles to be Kept Ten Days After Purchase

8.30.230 Register

TITLE 9 – UTILITIES

CHAPTERS AND SECTIONS:

9.05 NATURAL GAS 120

9.05.010 Adoption of Uniform Plumbing Code

9.05.020 Inspector and Inspections

9.05.030 Plumbing Permit Inspection Fees

9.05.040 Penalties for Violation

9.10 UTILITY COMPANY, FEES, AND UTILITY FRANCHISES 120

xii

9.10.010 Utility Company and Franchise Fees

9.10.020 Electric Power and Light Company

9.10.030 Public Utility Gas Company

9.10.040 Community Television Systems

9.10.050 Telephone Franchise

9.15 SEWER AND SEWAGE DISPOSAL 132

9.15.010 Definitions

9.15.020 Adoption of Additional Regulations

9.15.030 Powers and Duties of Administrative Official

9.15.040 Permit Required for Alteration of Service Lines

9.15.050 Separate Service Line Required for Each Property; Plumbing Fixtures to be Connected by Property Owner Upon Notice

9.15.060 Sand and Grease Traps Required for Establishments Having Wash or Grease Racks

9.15.070 Depositing Injurious Material into System

Sewer Connections:

9.15.080 Required for Occupied Land Within Three Hundred Feet of Public Sewer; Exceptions

9.15.090 Connections to be Made Before Paving Adjacent Streets

9.15.100 Permit: Required

9.15.110 Application

9.15.120 Permit: Contents, Fees

9.15.130 Permit: Types Issued

9.15.140 Plumbing to be Inspected Before Connections are Made

9.15.145 Capping of Sewer Access Points Required

Installation and Repair of Sewer System:

9.15.150 Service Lines: Dimensions and Material Requirements

9.15.160 Service Lines: Backfilling of Trenches

9.15.170 Service Lines: Maintenance of Inside.

9.15.180 Service Lines: Property Owner Responsible for Cost of Installing, Repairing, etc.

9.15.190 Service Lines: Method and Specifications for Making Connections to Sewer Mains

9.15.200 Extent of Town’s Participation in Bearing Cost of Larger Mains

9.15.210 Sub-divider to Install Mains After Approval of Plans and Inspection: Exception

9.15.220 Sub-divider to Pay Costs of Construction of Mains, etc.; Mains to be Extended to Farthest Points of Upgrade

9.15.230 Construction of Service in Subdivisions: Undeveloped Areas

9.15.240 Extension of Sewer to Serve Property Within Town Not Part of a Subdivision

9.15.250 Non-gravity Lines: Pumping Stations, Generally

9.15.260 Non-gravity Lines: Force Mains Serving Areas Not Otherwise Able to Enter Sewer Utility

9.15.270 Non-gravity Lines: Tie into Gravity Lines

9.15.280 Extension of Service Outside Town: Authority of Town Council

9.15.290 Extension of Service Outside Town: Findings Prerequisite to Agreement

Service Charges:

9.15.300 Establishment: Billing Procedures

9.15.310 Service Outside Town Limits

xiii

9.15.320 Metering of Water from Private Sources

9.15.330 Charges to be Included on Water Bill

9.15.340 Place of Payment, Due Date of Bills

9.15.350 Liability of Property Owner of Service

9.20 RULES AND REGULATIONS FOR THE OPERATION OF THE WATER UTILITY 139

9.20.010 Definitions

9.20.020 Reservation of Rights by the Town

9.20.030 Promulgation of Rules and Regulation by the Town Council

9.20.040 Agreement to Rules and Regulations Prerequisite to Commencement of Service

9.20.050 Water Employee: Appointment, Duties, Records and Reports

9.20.060 Damaging Utility’s Property, Equipment, etc.

9.20.070 Trespass or Interference with Utility’s Property, etc.

9.20.080 Depositing Material in Utility Which Will Obstruct, Pollute, etc., Water

9.20.090 Emergencies

9.20.100 Prohibited Uses of Water for Water Utility

9.20.110 Private Water Wells

9.20.120 Discontinuance of Service: Failure to Pay Charges

Connections:

9.20.130 Only Town Employees Authorized to Turn on Water to Premises: Exceptions

9.20.140 Unauthorized Taps, Compliance with Permit, Costs

9.20.150 Permit: Required

9.20.160 Permit: Types Issued

9.20.170 Permit: Application

9.20.180 Permit: Issuance, Contents

9.20.190 Connection Fee

9.20.200 All Plumbing to be Inspected and Approved

Service Lines:

9.20.210 Installation: Written Permission Prerequisite; To be by Licensed Plumber; Inspection

9.20.220 Installation: Costs, Generally

9.20.230 Material Specifications

9.20.240 Minimum Size

9.20.250 Required Depth

9.20.260 Replacement Where Materials Unsuitable

9.20.270 Approval of Replacement Services

9.20.280 Extension to More Than One Property

9.20.290 Maintenance

9.20.300 Disconnecting Service from Premises

Mains, Generally:

9.20.310 Shutting Water off From Street Mains to Make Connection, Extension, etc.

9.20.320 Minimum Size

Charges:

9.20.330 Advance Payment of Minimum Charge for One Billing Period Required

9.20.340 Rates: Within Corporate Limits

9.20.350 Bills, Notices, etc., Effective Upon Mailing

xiv

9.20.360 Where Payable; Due Date

9.20.370 Liability of Property Owner for Service

9.20.380 Disconnection or Reconnection to Premises

Installations and Extension for Construction of Water System:

9.20.390 Construction of Water Mains in Subdivisions; Main Extension Contract Required

9.20.400 Sub-divider to Install Mains After Approval of Plans and Inspection: Exception

9.20.410 Sub-divider to Pay Costs of Construction of Mains, etc.; Mains to be Extended to Farthest Points of Upgrade

9.20.420 Construction of Services in Subdivision, Undeveloped Areas

9.20.430 Extension of Main to Serve Property Within Town Not Part of A Subdivision

9.20.440 Extension of Service Outside Town; Authority of Town Council

9.20.450 Extension of Service Outside Town; Findings Prerequisite to Agreement

9.30 REDUCED RATE UTILITES 148

9.30.010 Definitions

9.30.020 Rate Reduction Committee

9.30.030 Town Council Review

9.30.040 Appeal

9.30.050 Renewal

TITLE 10 – PLANNING AND ZONING

CHAPTERS AND SECTIONS:

10.05 GENERAL PROVISIONS 155

10.05.010 Title

10.05.020 Short Title

10.05.030 Authority

10.05.040 Purpose

10.05.050 Interpretation

10.05.060 Conflict

10.05.070 Definitions

10.05.080 Powers

10.05.090 Membership, Term, Vacancies

10.05.100 Qualifications of Commission Members

10.05.110 Organization

10.05.120 Finances

10.05.130 Meetings

10.10 ADMINISTRATION AND ENFORCEMENT 161

10.10.010 Enforcement Responsibility

10.10.020 Enforcement Agency

10.10.030 Enforcement and Penalties

10.15 ZONING AND DISTRICTS DESIGNATED 162

10.15.010 Zoning Map and Boundaries

10.15.020 Establishment of Districts

xv

10.20 GENERAL PROVISIONS 162

10.20.010 Applicability

10.20.020 Nonconforming Use

10.20.030 Premises to be Clean and Orderly

10.20.040 Conditional Use Permit

10.20.050 Appeals

10.20.060 Stays

10.20.070 Legal Action

10.20.080 Liability for Damages

10.20.090 Building Permits

10.20.100 Licensing

10.20.110 Building Size

10.20.120 Building Age

10.20.130 Building Materials and Construction Requirements

10.25 R-1 LOW DENSITY RESIDENTIAL DISTRICT 168

10.25.010 Purpose

10.25.020 Permitted Uses

10.25.030 Conditional Uses

10.25.040 Lot and Yard Requirements

10.30 R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT 169

10.30.010 Purpose

10.30.020 Permitted Uses

10.30.030 Conditional Uses

10.30.040 Lot and Yard Requirements

10.30.050 Accessory Building

10.35 MINIMUM STANDARDS FOR MOBILE HOMES, ON LOTS OTHER THAN

MOBILE HOME PARK 171

10.35.010 Construction Standards: HUD

10.35.020 Foundation Standards

10.35.030 Anchoring Standards

10.35.040 Wheels and Hitches

10.35.050 Minimum Construction Standards

10.35.060 Lot Standards

10.35.070 Accessory Buildings in R-2 Districts

10.35.080 Accessory Buildings: Other

10.40 MOBILE HOMES 172

10.40.010 Purpose

10.40.020 Minimum Lot Use

10.40.030 Permitted Uses

10.40.040 Special Uses

10.40.050 Minimum HUD Requirements

10.40.060 Lot and Yard Requirements

10.45 MHP – MOBILE HOME PARK 173

10.45.010 Purpose

10.45.020 Permitted Uses

10.45.030 Conditional Uses

10.45.040 Definitions

10.45.050 Plans and Specifications

10.45.060 Permits

10.45.070 Inspection of Mobile Home Parks

xvi

10.45.080 General Provisions, Which Apply to Mobile Home Parks

10.45.090 Water Supply Sampling

10.45.100 Registration of Occupants

10.45.110 Refuse Disposal

10.45.120 Travel Trailer and Truck Campers

10.50 C – COMMERCIAL DISTRICT 177

10.50.010 Purpose

10.50.020 Permitted Uses

10.50.030 Conditional Uses

10.50.040 Lot and Yard Requirements

10.55 I – INDUSTRIAL DISTRICT 179

10.55.010 Purpose

10.55.020 Conditional Uses

10.55.030 Lot and Yard Requirements

10.60 PO – PUBLIC OWNERSHIP DISTRICT 180

10.60.010 Purpose

10.60.020 Permitted Uses

10.65 VARIANCES 180

10.65.010 Intent and Purpose

10.65.020 Responsibility of Applicant

10.65.030 Public Hearing

10.65.040 Conditions of Variance

10.65.050 Responsibility of the Town Council

10.65.060 Appeals

10.65.070 Revocation of Variances

10.70 GARAGES AND ACCESSORY BUILDINGS 182

10.70.010 Purpose

10.70.020 Garages

10.70.030 Accessory Buildings

10.70.040 Occupancy of Garages and Accessory Buildings

10.70.050 Driveways and Approaches

10.75 SIGNS 184

10.75.010 Purpose and Intent

10.75.020 Signs, Generally

10.80 FLOODS 185

10.80.010 General

10.80.020 Purpose

10.80.030 Method of Reducing Flood Losses

10.80.040 Definitions

10.80.050 General Provisions

10.80.060 Permit Requirements

10.80.070 Flood Damage Prevention Superintendent

10.80.080 Appeal Board

10.80.090 Rules and Regulations

10.80.100 Variances

10.80.110 Federal Insurance

10.80.120 Flood Hazard Reduction

10.85 SUBDIVISIONS 194

10.85.010 Definitions

10.85.020 Conformity to Provisions

xvii

10.85.030 Division, Generally

10.85.040 Design Standards: Applicability

10.85.050 Design Standards

10.85.060 Conformity to Provisions

10.85.070 Subsequent to Approval

10.85.080 Procedures, Generally

10.85.090 Procedures: Pre-Preliminary Sketch

10.85.100 Procedures: Preliminary Plat

10.85.110 Procedures: Hearing

10.85.120 Approval or Disapproval by Planning Commission

10.85.130 Town Council Action

10.85.140 Procedure: Final Plat

10.85.150 Procedure: Final Plat Approval or Disapproval

10.85.160 Review by Municipal Engineer or Attorney

10.85.170 Procedure: Town Council Action

10.85.180 Procedure: Recording of Final Plat

10.85.190 Procedure: Additions, Erasures, etc., after Approval by Town Council

10.85.200 Sanctions and Fines Against Non-Approved Subdivision; Injunctions

10.85.210 Variances

10.85.220 Interpretation

10.85.230 Appeals

10.85.240 Amendment

10.85.250 Separability

TITLE 11 – ADDITIONAL BOARDS AND COMMISSIONS

CHAPTERS AND SECTIONS:

11.01 CREATION 207

11.01.005 Creation

11.05.010 Recreation Board

TITLE 1

GENERAL PROVISIONS

CHAPTERS AND SECTIONS: PAGE:

1.05 CORPORATE SEAL 3 1.05.010 Description of Corporate Seal

1.10 ELECTIONS 3

1.10.010 Authority to Specify the Conduct of Elections

1.10.020 Conduct of Elections

1.10.030 Terms of Office

1.15 TOWN COUNCIL MEETINGS 3

1.15.010 Regular Meetings

1.15.020 Meetings, Generally

1.15.030 Call for Special Meetings

1.15.040 Regular & Special Meetings: Record

1.15.050 Duties of Clerk as to Journal

1.15.060 Adjournment of Meeting to a Subsequent Date

1.15.070 Executive Session

1.15.080 Council Meetings: Quorum

1.15.090 Attendance of Clerk and Officer of Duty

1.15.100 Committees

1.15.110 Disturbance of Public Meetings

1.20 RULES GOVERNING TOWN COUNCIL MEETING PROCEDURE 6

1.20.010 Parliamentary Procedure to be Used

1.20.020 Presiding Officer

1.20.030 Duties and Privileges of Presiding Officer

1.20.040 Call to Order and Order of Business

1.20.050 Priority of Business

1.20.060 Motions and Resolutions

1.20.070 Order of Motions

1.20.080 Division of Question

1.20.090 Ayes and Nays

1.20.100 Motion for Previous Question

1.20.110 Different Sums and Times Proposed: Order of Vote

1.20.120 Procedure Before Council Member Speaks

1.20.130 Procedure During the Putting of the Question

1.20.140 No Private Conversations

1.20.150 Member Called to Order

1.20.160 Adjournment

1.20.170 Amendment of Rules

1.25 COMMITTEES 9

1.25.010 Ad Hoc Committees

1.25.020 Special Committees

1.25.030 Committee Reports

1.30 ORDINANCES 9

2

1.30.010 Passage of Ordinances

1.30.020 Repeal of Ordinances

1.30.030 Repeal of Ordinance Repealing Former Ordinance

1.30.040 Plural Words and Male Gender Used in Ordinance

3

CHAPTER 1.05 – CORPORATE SEAL

1.05.010 – DESCRIPTION OF CORPORATE SEAL

A seal, the impression of which shall be in circular form bearing the words, “Town of LaBarge, Lincoln County, Wyoming,” on the outer edge, and the words “Corporate Seal” in the center, shall be, and the same is hereby adopted and declared to be the seal of the Town of LaBarge.

CHAPTER 1.10 – ELECTIONS

1.10.010 – AUTHORITY TO SPECIFY THE CONDUCT OF ELECTIONS

This Charter Ordinance is adopted pursuant to authority vested in cities and Towns of the State of Wyoming by Article 13, Section 1 of the Constitution of Wyoming.

1.10.020 – CONDUCT OF ELECTIONS

The Town Council of the Town of LaBarge does hereby elect to conduct elections in the same manner as statewide elections and pursuant to Wyoming Statutes Annotated. All matters with respect to elections for Town office or for ballot propositions of the Town of LaBarge shall be held in accordance with the provisions of Title 22, Wyoming Statutes Annotated (Rep. Ed. 1977), and any amendments, modifications or revisions thereof.

1.10.030 – TERMS OF OFFICE

A. The term of office for Mayor shall be four (4) years to be elected at each November general election in even numbered years. The term of Councilmen shall be for four (4) years to be elected at each November general election in even numbered years.

B. Two Councilmen and a Mayor were elected in November, and their term shall expire on January 1; their position shall be filled by appointment until their successors are duly elected and qualified at the election to be held in November, and they shall take office on the 1st Monday of January.

C. Two Councilmen were elected in November and shall serve until January 1; their positions shall be filled by appointment until their successors are duly elected and qualified at the election to be held in November, and they shall take office on the 1st Monday of January.

CHAPTER 1.15 – TOWN COUNCIL MEETINGS

1.15.010 – REGULAR MEETINGS

The regular meetings of the Town Council of the Town of LaBarge, shall be held on the third Wednesday of each month, at the hour of 7:00 p.m. in the Town Hall in the Town of LaBarge.

4

1.15.020 – MEETINGS, GENERALLY

A. All meetings of the governing body and all other boards, commissions and agencies of the municipality shall be open to the public at all times, except as provided in Section 1.15.070. No action of such body shall be taken except during a public meeting.

B. A member of the public shall not be required, as a condition of attendance at any meeting, to register his name, to supply information, to complete a questionnaire, or fulfill any other condition precedent to his attendance except that a person seeking recognition may be required to give his name and affiliation.

1.15.030 – CALL FOR SPECIAL MEETING

A. The Mayor and any two Council members shall have power to call special meetings of the Town Council, the object of which shall be submitted to the Council in writing and the call and object as well as the disposition thereof shall be entered upon the journal by the Clerk.

B. Whenever a special meeting of the Town Council is called, it shall be the duty of those calling such special meeting to notify the Town Clerk in writing thereof by giving him/her a copy of the call for such meeting, signed by the person calling the meeting. Such call shall contain the objects thereof and name the time and place of such special meeting and shall be filed with the Town Clerk.

C. Upon receipt of such call by the Town Clerk, it shall be his/her duty to have copies of such call prepared and have one copy served upon each member of the Town Council who can be found within the limits of the Town of LaBarge. The Chief of Police shall serve the call upon the members of the Town Council. It shall be the duty of the Chief of Police to personally notify the Mayor and each Council member of the meeting. If possible, the call shall be served upon such members at least twelve (12) hours prior to the time of the meeting. The necessity of any such notice shall be waived by the presence of the Councilmen upon whom notice is not served.

D. No business not stated in the call shall be transacted at such special meeting.

1.15.040 – REGULAR AND SPECIAL MEETINGS: RECORDS

The Council shall keep a Journal of its proceedings, which shall be open at all times for inspection and shall be kept by the Town Clerk.

1.15.050 – DUTIES OF CLERK AS TO JOURNAL

It shall be the duty of the Clerk of the municipality to keep the journal of the governing body. The Clerk shall, within twelve (12) days after adjournment of any regular or special meeting of the governing body, furnish the legal newspaper, if there be one located within the municipality, a copy of the proceedings of such meeting for publication, if there is no legal newspaper within the municipality a copy of the proceedings will be posted in a conspicuous place. Such copy shall include every bill presented to the governing body showing the amount of the bill, the amount allowed, what the bill was for and by whom claimed. In addition, the Clerk shall be responsible for the safekeeping of such journal and providing for the exhibition of such journal to the public when so requested.

5

1.15.060 – ADJOURNMENT OF MEETING TO A SUBSEQUENT DATE

The Town Council may, by motion duly passed, adjourn any regular or special meeting thereof to a subsequent named date, and adjournments there from may be made from time to time in the same manner should the Town Council deem such action advisable.

1.15.070 – EXECUTIVE SESSION

A. The Town Council by a vote of 2/3 of the members present may go into executive session and exclude the public there from if the nature of the business so requires. When the Council is in executive session, the Town Hall or place of meeting shall be cleared of all persons excepting the Mayor, Council members, Clerk, and such members of the Town Government or others as may be requested to remain by the Council.

B. If required by any member of the Council, a record of the meeting shall be made and kept the same as when the Council is in open session.

C. Unless otherwise provided, executive sessions, not open to the public, of the governing body and all other boards, commissions and agencies of the municipality, may be held:

1. With the prosecuting attorney, municipal attorney, chief of police or their respective deputies, or other officers of the law, on matters posing a threat to the security of public or private property or a threat to the public’s right of access;

2. To consider the appointment, employment, right to practice or dismissal of a public officer, professional person or employee, or to hear complaints or charges brought against an employee, professional person or officer, unless the employee, professional person or officer requests a public hearing. The governing body may exclude from any public or private hearing during the examination of a witness, any or all other witnesses in the matter being investigated. Following the hearing or executive session, the governing body may deliberate on its decision in executive session;

3. On matters concerning litigation to which the governing body is a party or proposed litigation to which the governing body may be a party;

4. When the agency is a licensing agency while preparing, administering or grading examinations;

5. To consider the selection of a site or the purchase of real estate when the publicity regarding the consideration would cause a likelihood of an increase in price;

6. To consider acceptance of gifts, donations and bequests which the donor has requested in writing to be kept confidential;

7. To consider or receive any information classified as confidential by law;

8. To consider accepting or tendering offers concerning wages, salaries, benefits and terms of employment during all such negotiation;

6

9. At any other time, the governing body, board, commission or agency of the municipality deems the nature of the business to be so sensitive or confidential that proceeding in executive session is the most prudent manner to continue.

1.15.080 – COUNCIL MEETINGS: QUORUM

At all meetings of the Council, a majority of the Town Council shall constitute a quorum for the transaction of business at any meeting.

1.15.090 – ATTENDANCE OF CLERK AND POLICE OFFICER ON DUTY

It shall be the duty of the Clerk and the Police Officer on duty to attend all meetings of the Council.

1.15.100 – COMMITTEES

The governing body may appoint such committees to function in an advisory capacity, as it from time to time desires or as be required by law.

1.15.110 – DISRUPTION OF PUBLIC MEETINGS

If any public meeting is willfully disrupted by a person or group of persons so as to render the orderly conduct of the meeting unfeasible, and order cannot be restored by the removal of the person or persons who are willfully interrupting the meeting, the meeting may be recessed and reconvened at another time or location. Only matters appearing on the agenda may be acted upon in a meeting so recessed. Procedures for readmitting an individual or individuals not responsible for disturbing the conduct of a meeting shall be established by the body conducting such meeting. Duly accredited members of the press or other news media except those who participated in a disturbance shall be allowed to attend any meeting permitted by this section.

CHAPTER 1.20 – RULES GOVERNING TOWN COUNCIL MEETING PROCEDURE

1.20.010 – PARLIAMENTARY PROCEDURE TO BE USED

A. Roberts Rules of Order shall be the standard authority upon the parliamentary questions, which may arise before the Council not provided for.

B. The rules governing Town Council meeting procedures shall be strictly adhered to by the Council unless they shall be temporarily suspended by a two-thirds vote of the members present.

1.20.020 – PRESIDING OFFICER

The Mayor shall preside at all meetings of the Town Council and shall have one vote and no more on all questions coming before the Council. In the absence of the Mayor, the member of the Council appointed by the Council as Mayor Pro-Tem shall preside.

7

1.20.030 – DUTIES AND PRIVILEGES OF THE PRESIDING OFFICER

The Mayor, or presiding officer in the absence of the Mayor, shall preserve order and decorum and shall decide questions of order subject to an appeal to the Council.

1.20.040 – CALL TO ORDER AND ORDER OF BUSINESS

A. At the hour appointed, the Council shall be called to order by the Mayor, or in his absence by the Mayor Pro-Tem, if a quorum be present, the Council shall proceed to the business before them in the order following:

1. Call to Order

2. Reading of Minutes of Previous Month’s Meeting

3. Reading of Treasurer’s Report

4. Reading of Department Reports

5. Old Business

6. New Business

7. Bills

8. Adjourn

1.20.050 – PRIORITY OF BUSINESS

All questions relating to the priority of business shall be decided without debate.

1.20.060 – MOTIONS AND RESOLUTIONS

All motions shall be reduced to writing if required by the Mayor or any member of the Council, and when stated by the Mayor, shall be open for consideration, and all resolutions must be written and shall be open for consideration after being read by the Mayor. No motion or resolution can be withdrawn after it shall have been amended or decided.

1.20.070 – ORDER OF MOTIONS

Motions upon the subject under consideration shall have precedence in the following order:

1st: To lay upon the table

2nd: To postpone

3rd: To commit

4th: To amend

1.20.080 – DIVISION OF QUESTION

If the question before the Council shall contain two or more distinct propositions, any member may have the same divided on request.

8

1.20.090 – AYES AND NAYS

On the question of the passage of any ordinance, by-law or resolution, the ayes and nays shall be taken, and a record made of the same, and entered upon the journal showing how each Council person voted, and on all other questions the ayes and nays shall be taken, when called for by any member.

1.20.100 – MOTION FOR “PREVIOUS QUESTION”

A. A motion for a “Previous Question” shall preclude all amendments and debate on the main question until the motion for the previous question is decided, and a motion to postpone to a certain day until it is decided shall preclude all amendments to the first question.

B. The previous question shall be put in this form: “Shall the main question be now put?” and the effect thereof, when sustained by a majority of the members present, shall be to put an end to all debate and bring the Council to a vote on the question or questions before it.

1.20.110 – DIFFERENT SUMS AND TIMES PROPOSED: ORDER OF VOTE

When a blank is to be filled and different sums and times proposed, the question shall first be put upon the largest sum and longest time.

1.20.120 – PROCEDURE BEFORE COUNCIL MEMBER SPEAKS

Every member, before speaking on any question, shall address himself to the Mayor or presiding individual by his title, but shall not proceed with his remarks until recognized and named.

1.20.130 – PROCEDURE DURING THE PUTTING OF THE QUESTION

While the Mayor is getting the question, no Councilperson shall walk across or out of the Town Hall or place of meeting.

1.20.140 – NO PRIVATE CONVERSATIONS

While a member of the Council is speaking, no member shall enter into private conversation.

1.20.150 – MEMBER CALLED TO ORDER

A member called to order shall immediately suspend his remarks, unless permitted to explain. If there is no appeal, the decision of the Chair shall be conclusive, but if the member shall appeal to the Council, the Council shall decide the case without debate.

1.20.160 – ADJOURNMENT

A motion to adjourn shall always be in order, and shall have precedence over all other motions, and shall be decided without debate.

1.20.170 – AMENDMENT OF RULES

9

These rules may be amended at any meeting of the Town Council by a vote of 2/3 of the members present. The amendment must be presented in writing and read, and the ayes and nays shall be called as in the passage of any other Ordinance.

CHAPTER 1.25 – COMMITTEES

1.25.010 – AD HOC COMMITTEES

A. An Ad Hoc Committee may be appointed, and the person first named on the committee shall be the chairman thereof.

B. The Ad Hoc Committee of the Council shall consist of two members each.

1.25.020 – SPECIAL COMMITTEES

All special committees shall be appointed by the Mayor, or in his absence by the Mayor Pro-Tem.

1.25.030 – COMMITTEE REPORTS

All committees shall report orally or in writing. All reports of committees shall be addressed to the Mayor and Council of the Town of LaBarge.

CHAPTER 1.30 – ORDINANCES

1.30.010 – PASSAGE OF ORDINANCES

A. Ordinances shall be passed, amended, published, enacted and repealed in accordance with Wyoming Statutes (1977) or any subsequent amendments, changes, or modifications of applicable State law. When an ordinance is ready to be voted upon by the Council, the ordinance shall be read and placed upon its passage, and ayes and nays shall be called, and if the Ordinance shall have passed by a majority vote, it shall be signed by the Mayor, if he approves same, with the date of passage, and the Clerk shall attest the same under the seal of the Town, and file such ordinance safely away. The Clerk shall enter upon the journal a record of the passage and approval of all Ordinances with the names and record of how each member voted.

B. Provided, however, that in the event the Mayor is absent from any Council meeting where an Ordinance or other matter in writing is passed or adopted requiring the signature of the presiding officer of the Council, then, in that event, such Ordinance or other matter so adopted by the Council shall be signed by the Mayor Pro-Tem and the same shall thereafter within a reasonable time, not exceeding ten (10) days, if approved by the Mayor, be signed by him with a record thereon signifying his approval of the same.

1.30.020 – REPEAL OF ORDINANCES

The repeal of an ordinance shall not affect any act done or any right accrued or any suit or proceeding had or commenced in any civil or criminal cause under the ordinances of the Town of

10

LaBarge existing prior to such repeal, but all rights and liabilities accruing under said repealed ordinances shall continue and be enforced in the same manner as if said repeal had not been made. All offenses committed and all penalties and forfeitures incurred under any ordinance which may be repealed, may be prosecuted and punished in the same manner and with the same effect as if said repeal had not been made.

1.30.030 – REPEAL OF ORDINANCE REPEALING FORMER ORDINANCE

When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision unless it shall therein be expressly provided.

1.30.040 – PLURAL WORDS AND MALE GENDER USED IN ORDINANCES

Whenever any words in any ordinance imparting the plural number shall be used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed included, although distinguishing words may not be used, and when any subject matter, party or persons shall be referred to in any ordinance by words imparting the singular only, or the masculine gender, several matters, parties or persons, and females as well as males, and bodies corporate shall be deemed to be included, provided, that these rules of construction shall not be applied to any ordinance which shall contain any provision excluding such construction, or when the subject matter or context of such ordinance may be repugnant thereto.

TITLE 2

ADMINISTRATION & PERSONNEL

CHAPTERS AND SECTIONS: PAGE:

2.05 GENERAL PROVISIONS 12

2.05.010 Appointed Town Officers

2.05.020 Salaries of Town Officers

2.05.030 Bonds Required for Officers

2.05.040 Oath

2.05.050 Duties

2.10 MAYOR 12

2.10.010 Powers and Duties

2.15 MAYOR PRO-TEM 13

2.15.010 Definition

2.15.020 Duties and Powers

2.20 TOWN CLERK 13

2.20.010 Duties

2.25 TOWN TREASURER 14

2.25.0 10 Duties

2.30 CHIEF OF POLICE 15

2.30.010 Duties

2.40 TOWN ATTORNEY 16

2.40.010 Duties

2.45 MUNICIPAL COURT JUDGE 16

2.45.010 Duties

2.50 PUBLIC WORKS DIRECTOR 16

2.50.010 Duties

2.55 TOWN ENGINEER 17

2.55.010 Duties

12

CHAPTER 2.05 – GENERAL PROVISIONS

2.05.010 – APPOINTED TOWN OFFICERS

A. The Mayor shall, with the advice and consent of the Town Council, appoint the following officers of the Town of LaBarge for one (1) year terms: Clerk/Treasurer, Chief of Police, Town Attorney, Municipal Court Judge, Public Works Director, and Town Engineer.

B. The Mayor shall, with the advice and consent of the Town Council, appoint members of the Planning and Zoning Commission and Recreation Committee for terms to be determined and set at the time of appointment.

C. The Mayor shall, with the advice and consent of the Town Council, appoint hoc committees and other officers as needed by the Town from time to time. Ordinances governing permanent committees and officers shall be enacted as soon as is practical after the need for such is determined.

2.05.020 – SALARIES OF TOWN OFFICERS

The elected officials and appointed Town officers shall receive such compensation for services as the Town Council may from time to time order and direct in accordance with the statutes of the State of Wyoming. The salaries of elected officials shall be fixed before their terms begin and shall not change during the term for which they are elected.

2.05.030 – BONDS REQUIRED FOR OFFICERS

The governing body of the Town of LaBarge shall require the Treasurer and Municipal Court Judge, as well as any other official or employee, that from time to time will have custody of Town money, to post bonds for the performance of their duties. The bonds shall be from a surety company licensed to do business in this state, in the amount as the governing body determines, payable to the Town, and shall be filed with the Town Clerk. The Town shall pay the bond costs and any filing fees.

2.05.040 – OATH

The officers of the municipality, before entering upon the duties of their office shall take the oath of office prescribed by Article 6, Section 20 of the Wyoming Constitution which shall be endorsed upon the back of the certificate of election or appointment and filed with the Clerk.

2.05.050 – DUTIES

Officers and employees of the municipality shall perform the duties required of them by the administrative official, the laws of the State and other ordinances of the municipality, as the same may pertain to them.

CHAPTER 2.10 – MAYOR

13

2.10.10 – POWERS AND DUTIES

A. Unless otherwise provided, the Mayor shall:

1. Have superintending control of all officers and affairs of the Town;

2. Take care that the ordinances and laws are complied with;

3. Administer oaths;

4. Sign commission and appointments on all bonds, contracts and other obligations required to be signed in the name of the Town;

5. Sign every ordinance within a reasonable time after passage.

B. The Mayor may remove the Clerk/Treasurer, Chief of Police, Attorney, Municipal Court Judge, Public Works Director, Town Engineer and/or any other appointed officers or committee members for incompetency, neglect of duty or maladministration of office, consistent with the Statutes of Wyoming, the majority of the Council concurring. The Mayor may relieve any such officer or committee member from duty until a lawful meeting of the Town Council can meet to consent or object to the removal.

CHAPTER 2.15 – MAYOR PRO-TEM

2.15.010 – DEFINITION

The Mayor, upon consent and approval of the Town Council, shall appoint a member of the Town Council as Mayor Pro-Tem to act in the absence of the Mayor. Should both the Mayor and the Mayor Pro-Tem be absent from a lawful meeting, the Council Member who was first sworn into office and to serve without interruption since, shall act in the absence of the Mayor.

2.15.020 – DUTIES AND POWERS

Whenever any power shall be vested in the Mayor, or he shall be required to do any act or perform any executive function, in his absence. It shall be the duty of the Mayor Pro-Tem, for the time being, to execute such power and perform such acts or executive function as fully as it is expressly named in the ordinance. Unless it shall be therein otherwise expressly provided, or such act would be in dereliction of the Laws of Wyoming.

CHAPTER 2.20 – TOWN CLERK

2.20.010 – DUTIES

A. Unless provided otherwise by statute, the duties of the Town Clerk shall include:

1. The Town Clerk of the Town of LaBarge, shall have custody of the Town Seal and of all laws and ordinances of the Town of LaBarge, and shall keep a correct and regular journal of the proceedings of the Town Council;

14

2. The Town Clerk shall engross all Ordinances, Resolutions and By-Laws, in a separate book to be kept for that purpose, and furnish copies of the same for publication when so directed, and shall issue warrants for money when appropriated by the Town Council and shall keep a distinct and classified account of such appropriations;

3. The Town Clerk shall keep on file all records, papers, books, contracts and correspondence belonging to the Town, and not allow any such papers, books, records, contracts or Town Seal to be removed without the written consent of the Mayor of said Town;

4. At the expiration of his/her said term of office he shall turn over to his successor all property belonging to the Town, in his possession;

5. Administer oaths to persons verifying claims against the Town and to persons acting as judges or clerks of elections for electing officers of the Town;

6. Administer oaths or affirmations in accordance with State law;

7. Attest Ordinances passed by the governing body and record the same in a book kept for that purpose;

8. File petitions of candidates for public election and file oaths of office of elected municipal officers;

9. Certify the names of candidates for municipal office and the office they seek to the County Clerk in preparation for the printing of the primary election ballot;

10. Assist in conducting municipal elections to the extent permitted by State law;

11. Maintain in his office true and correct copies of any and all acts or codes adopted by reference into Town ordinances;

12. Countersign funding and refunding bonds in accordance with State law;

13. Assist the Board of Public Utilities by furnishing copies of all ordinances, resolutions, agreements, contracts and other records the board requires;

14. Receive liquor license applications;

15. All other duties assigned by the governing body.

CHAPTER 2.25 – TOWN TREASURER

2.25.010 – DUTIES

15

A. It shall be the duty of the Town Treasurer to receive all monies derived for the benefit of said Town from every and any source and disburse the same only on proper orders signed by the Mayor and attested by the Clerk and having affixed thereto the corporate seal.

B. The Treasurer shall pay the orders on his/her drawn in the order of their issue and shall keep a register of all orders and drafts in a book provided for that purpose.

C. When any orders or warrants are not paid for want of funds, the Treasurer shall endorse the date of presentation across the face of each order or warrant and the reason why not paid, and the holder will be entitled to receive interest until paid at the rate of eight percent per annum.

D. All orders and warrants on the Treasurer shall have specified therein the service or indebtedness for which the same are drawn.

E. The Treasurer shall keep an accurate and full account of all receipts and expenditures in a book provided for that purpose.

F. The Treasurer shall at all times keep his/her books open for inspection of the Mayor and the members of the Town Council and shall furnish them when required with a full statement of all expenditures and receipts.

G. The Treasurer shall keep all monies belonging to the Town separate and distinct from his own and not allow Town money to be used for the private benefit of any person.

H. The Treasurer shall give an annual state of the treasury report to the governing body.

CHAPTER 2.30 – CHIEF OF POLICE

2.30.010 – DUTIES

A. The Chief of Police shall execute and make-due return of all writs and process to him directed by the Municipal Court Judge, in all cases.

B. The Chief of Police shall suppress all riots, disturbances and breaches of the peace within the Town of LaBarge, and shall pursue and arrest any person in the act of committing any offense against the Ordinances of the Town of LaBarge, and forthwith bring such person before the Municipal Court Judge for examination and trial.

C. It shall be the duty of the Chief of Police to see that all persons liable to pay for Town licenses or permits shall procure the same, as provided by the Ordinances of the Town of LaBarge.

D. The Chief of Police may, with the approval of the Mayor and Town Council, appoint one or more persons to assist him in maintaining order and performing the duties of his office.

E. Unless otherwise provided in these ordinances, he shall perform such other duties as may be prescribed by Ordinance or ordered by the Mayor or Town Council or statutes of the State of Wyoming.

16

CHAPTER 2.40 – TOWN ATTORNEY

2.40.010 – DUTIES

A. The Town Attorney shall be the legal advisor of the Town Council and of all city officers; he shall commence, prosecute and defend all suits and actions necessary to be commenced, prosecuted or defended on behalf of the Town of LaBarge, under the Ordinances thereof, or that may be ordered by the Town Council.

B. The Town Attorney shall, when required to do so, attend meetings of the Council and give an opinion upon any matter submitted by the Town Council, either orally or in writing as may be required.

CHAPTER 2.45 – MUNICIPAL COURT JUDGE

2.45.010 – DUTIES

A. The office of the Municipal Court Judge is hereby created in the Town of LaBarge, and the said officer shall have jurisdiction to fine, enter judgment, sentence, imprison, and hear and determine all cases arising under the Ordinances of said Town.

B. Such Municipal Court Judge shall have jurisdiction and power as provided for by the Statutes of the State of Wyoming.

C. All fines and penalties collected arising from the breach of the ordinances of the Town of LaBarge shall be paid into the Town Treasury by the Municipal Court Judge collecting the same.

CHAPTER 2.50 – PUBLIC WORKS DIRECTOR

2.50.010 – DUTIES

A. The Public Works Director shall plan, manage, coordinate and supervise the day-to-day operation of the infrastructure of the Town including, necessary janitorial and maintenance of the Town’s buildings, facilities, grounds, vehicles, equipment, storm drainage system, parks and streets.

B. The Public Works Director shall maintain and operate the Town’s water and sewer systems, including obtaining and/or supervising the obtaining of any and all necessary licenses and training to lawfully operate such facilities.

C. The Public Works Director shall supervise the Town’s emergency response for flooding, snow and ice removal, and severe weather mitigation in the Town.

17

CHAPTER 2.55 – TOWN ENGINEER

2.55.010 – DUTIES

A. The Town Engineer shall provide consulting services to the Town for planning, managing, coordinating, inspecting and supervising construction, rehabilitation, and installation of large public improvements to the Town’s infrastructure, including providing estimates, writing grants and supervising the bidding and contracting of bids for such projects.

B. The Town Engineer shall review plans, plats, and submitted documents for review of subdivisions, easements, variances and any other Town plan alterations for feasibility and compliance with sound engineering practices.

C. The Town Engineer shall survey and or prepare the Town’s plats, legal descriptions, and/or any other documents necessary or required for recording at the County Recorder’s Office or otherwise to be submitted to responsible entities.

TITLE 3

FINANCE

CHAPTERS AND SECTIONS: PAGE:

3.05 INDUSTRIAL DEVELOPMENT REVENUE BONDING 19

3.05.010 Criteria for Consideration

3.05.020 Application Fee

3.05.030 Reimbursement of Expenses

3.05.040 Applicant Financial Information

3.05.050 Marketability of Bonds

3.05.060 Determination of Town

3.05.070 Liability of Town and Bond Purchaser

3.05.080 Limitation of Inducement Resolution

3.10 RETURNED CHECKS 22

3.10.010 Returned Checks

3.10.015 Use of Collection Agency

3.10.020 Non-exclusive Remedy

19

CHAPTER 3.05 – INDUSTRIAL DEVELOPMENT REVENUE BONDING

3.05.010 – CRITERIA FOR CONSIDERATION

A. In general, the Town of LaBarge will consider issuing industrial development revenue bonds only upon a clear and factual demonstration of direct economic benefit to the Town of LaBarge’s economic development goals, including, but not limited to, the creation of additional employment opportunities; expansion of the tax base and increasing sales, property or other tax revenues to the Town; maintenance and promotion of a stable, balanced and diversified economy among agriculture, natural resource development, business, commerce and trade; and promotion or development of the use of agricultural, manufactured, commercial or natural resource products within or without the State. Consideration will also be given to any adverse effect upon the Town of LaBarge’s development or other goals of the Town. The following guidelines apply:

1. No particular type of business or enterprise will be excluded from consideration for the issuance of industrial development revenue bonds by the Town of LaBarge, but every applicant should be prepared to demonstrate that the proposed facility will promote the general economic development of the Town of LaBarge within the context of the existing rules, regulations and requirements of the Town, State of Wyoming, and the U.S. Government.

2. Proposals for issuance of all industrial development revenue bonds will be carefully considered in order to determine whether there would result from such proposed issuance substantial benefit to the Town and its inhabitants.

3. It must be demonstrated that each project for which industrial development revenue bonds are to be issued will meet the following public purposes:

a. The creation of new or additional employment opportunities in the Town of LaBarge;

b. Expansion of the tax base and increase of sales, property or other tax revenues to the Town of LaBarge;

c. Maintenance and promotion of a stable balanced and diversified economy among agriculture, natural resource development, business and commerce and trade;

d. Promotion or development of the use of agriculture, manufactured, commercial or natural resource products within or without the State.

3.05.020 – APPLICATION FEE

At the time of submission of the information required by Section 3.05.040, the applicant shall deposit with the Town a non-refundable application fee. The amount of the application fee shall be based on the aggregate principal amount of bonds or other obligations being requested, and more particularly as follows:

_______REQUEST FEE_______

Up to $500,000.00……………………………..$1,000.00

$500,000.00 to $999,999.00………………….$2,000.00

$1,000,000.00 and over:………………………$5,000.00

3.05.030 – REIMBURSEMENT OF EXPENSES

20

Whether or not the proposed bonds are issued, the applicant will be required to execute an agreement to provide for the reimbursement of all expenses incurred by the Town of LaBarge in evaluating the project proposal, and in connection with the issuance of bonds. This reimbursement will cover the cost of the time of all personnel of the Town of LaBarge involved in the evaluation, the expense of counsel and such consultants as the Town of LaBarge may employ to assist in the evaluation and the other expenses incurred by the Town of LaBarge related to the project evaluation and to the issuance of bonds. The application fee shall be a credit against this reimbursement. In addition to cover any non-itemized expenses of the Town of LaBarge in connection with the transactions contemplated by the bond issuance the applicant will be required to execute an agreement prior to the issuance of the bonds, obligating the applicant to pay to the Town of LaBarge an amount not to exceed 0.1% of the principal amount of the bonds outstanding each year for the life of the bond issue. This amount shall be discounted back to present value at a rate not to exceed the average interest rate on the bond issue.

3.05.040 – APPLICANT FINANCIAL INFORMATION

A. The Town of LaBarge, in evaluating proposals for the issuance of industrial development revenue bonds, will seek to protect the good fiscal reputation of the Town of LaBarge, and will require information and proof of such matters as may be necessary to establish the feasibility of the project and the financial responsibility and capacity of the applicant. At least 20 days prior to any meeting with the Town of LaBarge officials, the following information, together with the application fee provided for in Section 3.05.020, shall be submitted to the Town of LaBarge and used in its determination of whether or not to proceed with the proposed industrial development revenue bond financing:

1. A description of the project including a complete list of assets to be purchased or constructed and the estimated life of such, assets, the estimated cost of constructing and acquiring the project, and the cost of the issuance of the industrial development revenue bonds;

2. A description statement of how the proposed project would benefit the Town of LaBarge and fulfills the requirements of Section 3.05.010 above;

3. A description of alternative forms of financing investigated, together with the reasons for seeking industrial development revenue bond financing;

4. History of applicant, including a description of its operations;

5. A resume of principals and key employees of applicant regardless of the type of business organization and including directors and officers if the applicant is a corporation, or all of the partners, if the applicant is a partnership;

6. Historical financial information for the applicant for the past five years, or for the entire time it has conducted business, including:

a. Sales

b. Gross profit

c. Net income

d. Cash flow

e. Net worth

f. Earnings available for debt service

g. Net fixed assets

21

h. Working capital

i. Ratio of Assets and Liabilities

B. If a new business enterprise is involved, the Town of LaBarge may require personal financial information from the principals of such enterprise:

1. Applicant’s financial statements, either audited or otherwise satisfactory to the Town of LaBarge, dated within sixty (60) days of the application date;

2. Copies of the applicant’s financial, statements, either audited or otherwise satisfactory to the Town of LaBarge, for the preceding five (5) years or the entire time during which the applicant has conducted business;

3. A report of any material litigation pending against the applicant;

4. A proposed bond redemption schedule including the estimated debt service on the proposed industrial development revenue bonds;

5. Any other matters specifically desired by the Town of LaBarge not set forth above.

3.05.050 – MARKETABILITY OF BONDS

Applicant must demonstrate by acceptable evidence that the proposed industrial development revenue bonds issue can be sold without violating Federal or State securities law through a qualified underwriter or to an experienced investor or group of investors. Where industrial revenue bonds are proposed to be marketed through negotiation with the bond underwriter, such underwriter shall submit to the Town of LaBarge an analysis of current market conditions which indicate that the bonds are marketable. The consideration of the marketability of the bonds will be accomplished on the basis of the financial soundness of the applicant to meet debt obligation incurred by the issuance of the bonds and whether or not a market exists for the bonds. If the industrial development revenue bonds are not to be marketed through negotiation with the bond underwriter, then applicant must submit evidence as to how the bonds are going to be marketed.

3.05.060 – DETERMINATION OF TOWN

At such time as the applicant has satisfied all of the above stated requirements, the Town of LaBarge will review the material and information submitted, taking into consideration the findings and recommendations of such officers or employees of the Town who have been requested by the Town to examine such information and make such findings and recommendations, and taking into consideration any other matters which the Town in its sole discretion determines to be significant in deciding whether or not to proceed with the proposed industrial development revenue bonds issue. The decision of the Town shall be at the full and complete discretion of the Town, and the Town reserves the right to modify, delete, or add to any of the requirements stated herein for good and sufficient reason. Further, the Town expressly declares that the fulfillment of the guidelines set forth in this Ordinance in no way assures of the proposed issue of industrial development revenue bonds.

3.05.070 – LIABILITY OF TOWN AND BOND PURCHASER

22

The acceptance of the financial information and agreement by the Town to issue industrial development revenue bonds does not constitute approval by the Town of the applicant’s financial condition or soundness. In case of a private placement of the bonds, the ultimate purchasers will be required to certify to the Town that it has independently satisfied itself of the credit worthiness of the applicant. Regardless of whether the bonds are to be sold publicly or privately, no purchaser or underwriter shall in any way represent in an official statement, offering circular or other offering material, otherwise, that the Town has in any way reviewed or passed upon the financial -condition or soundness of the applicant or has, in any way, evaluated whether or not the bonds are marketable.

3.05.080 – LIMITATION OF INDUCEMENT RESOLUTION

Upon the Town’s determination to proceed with the industrial development revenue bond issue, it will entertain a resolution of inducement, which, once passed, will be effective for the period stated in the resolution.

CHAPTER 3.10 – RETURNED CHECKS

3.10.010 – RETURNED CHECKS

Any and all moneys paid to the Town of LaBarge by check that are returned by the drawee for any reason including, but not limited to, insufficient funds, the Town will assess a thirty dollar ($30) handling fee in addition to the face value of the check.

3.10.015 – USE OF COLLECTION AGENCY

The Clerk of the Town of LaBarge may use the services of a collection agency to collect debts owed to the Town without further action or authorization by the Town Councilor the Mayor.

3.10.020 – NON-EXCLUSIVE REMEDY

Nothing in this Chapter shall be read to prohibit the Town, its agents or assigns, from using any and all other lawful means to collect any outstanding debt owed to the Town.

TITLE 7

TRAFFIC, PARKING, SIDEWALKS, ROADS

CHAPTER AND SECTIONS: PAGE:

7.05 TRAFFIC 85

7.05.010 General Traffic Code

7.05.015 Additional Adopted Traffic Provisions

7.05.020 Intent of General Traffic Code

7.05.030 Driving While License Cancelled, Suspended or Revoked

7.05.040 Failure to Maintain Liability Coverage; Exceptions

7.05.050 Speed or Acceleration Contest or Exhibition on Highways

7.05.060 Penalty

7.10 PARKING 87

7.10.010 Prohibited at All Times; Signs Not Required for Enforcement

7.10.020 Method of Parking, Generally

7.10.030 Truck Parking

7.10.040 Private Property

7.10.050 Stop When Traffic Obstructed

7.10.060 Blocking of Streets, Alleys or Sidewalks

7.10.070 Yield Right-of-Way Signs, Obedience; Manner of Entering Intersections So Posted

7.10.080 Storage of Vehicles in Public Space Prohibited

7.10.090 Parking Vehicles on Public Streets for Repairs

7.10.100 Parking Near Intersections Restricted

7.10.110 Abandonment Declared Nuisance

7.10.120 Snow Removal Parking

7.10.130 Authority to Impound Illegally Parked Vehicles

7.10.140 Definitions

7.10.150 Penalty

7.15 BICYCLES 90

7.15.010 Defined

7.15.020 Operation: Applicability of Traffic Regulations

7.15.030 Operation: When Provisions in Effect

7.15.040 Operation: Riding on Seat Required; Number of Persons Permitted

7.15.050 Operation: To Be Ridden on Right Edge of Roadway; Riding More than Two Abreast; Use of Bicycle Paths

7.15.060 Operation: Carrying Packages, etc.

7.15.070 Operation: Equipment

7.15.080 Operation: On Sidewalks

7.15.090 Operation: Liability of Parents or Guardians

7.20 SNOWMOBILES 91

7.20.010 Definitions

7.20.020 Operation Unlawful

7.20.030 Penalty for Violation

83

7.25 SIDEWALKS 93

7.25.010 Removal of Snow and Ice

7.25.020 Cleaning Sidewalks

7.25.030 Obstruction of Sidewalks

7.25.040 Driving on Sidewalks

7.25.050 Broken Sidewalks

7.25.060 Penalty for Violation

7.30 EXCAVATIONS 94

7.30.010 Definitions

7.30.020 Permit Required

7.30.030 Application for Permit

7.30.040 Permit Procedure

7.30.050 Responsibility of Commissioner

7.30.060 Bonding

7.30.070 Permit Fees

7.30.080 Excavation Placard

7.30.090 Barriers and Warning Devices for Safety

7.30.100 Crossings and Passageways for Pedestrians and Vehicles

7.30.110 Routing of Traffic; Closing of Streets

7.30.120 Emergency Excavations

7.30.130 Liability of Municipality and Municipal Employees

7.30.140 Liability of Permittee

7.30.150 Prompt Completion of Work and Restoration Required

7.30.160 Inconvenience, Annoyance, etc., to General Public and Occupants of Neighboring Property

7.30.170 Interference with Access to Fire Hydrants, Fire Escapes, and Other Vital Equipment

7.30.180 Interference with Existing Facilities

7.30.190 Protection of Adjoining Property

7.30.200 Care of Lawn Areas; Removal of trees and Shrubs from Parking Strip Areas

7.30.210 Breaking Through Pavement

7.30.220 Disposition of Materials from Excavation

7.30.230 Removal of Debris

7.30.240 Normal Storm Flows

7.30.250 Disposal of Muck, Silt, etc.

7.30.260 Backfilling

7.30.270 Restoration of Surface

7.30.280 Penalty

7.30.290 Severability

7.30.300 Repeal and Effective Date

7.35 MISCELLANEOUS PROVISIONS 102

7.35.010 Injury to Pavement or Sidewalks

7.35.020 Excavations Near Street

7.35.030 Removal of Materials

7.35.040 Excavation in Streets or Alleys

7.35.050 Hindering of Repair or Construction

7.35.060 Building Material in Streets

7.35.070 Repair of Damage

7.35.080 Enforcement

84

7.35.090 Penalties

85

CHAPTER 7.05 – TRAFFIC

7.05.010 – GENERAL TRAFFIC CODE

Pursuant to W.S. § 15-1-119(a), The Uniform Act Regulating Traffic on Highways (Wyoming Statutes §§ 31-5-101 through 31-5-1214), including all amendments thereto through and including 2005, subject to the provisions of Section 7.05.020 of this Code, are hereby adopted by reference and incorporated herein as a part of this Section as if fully set forth herein.

7.05.015 – ADDITIONAL ADOPTED TRAFFIC PROVISIONS: WYOMING STATUTES, SECTIONS 31-4-101 Wyoming Statutes Sections 31-4-101 through 31-4-105, 31-6-101 through 31-6-108, 31-7-133 through 31-7-136, 31-7-306 through 31-7-308, and 31-7-404 in their entirety, as well as all amendments which may be made to said Sections from time to time, are hereby adopted by reference by the Town of LaBarge, Wyoming and made a part of the Municipal Ordinances of the Town of LaBarge as if set forth in the body and text of this chapter.

7.05.020 – INTENT OF GENERAL TRAFFIC CODE

A. It is the intent of the Town of LaBarge to control traffic on the streets and alleys of the Town as nearly as possible in the same manner as traffic is controlled by the State of Wyoming. Any and all provisions of the State Statutes described above in Section 7.05.010 inconsistent with this intent and purpose shall be ignored and shall not affect the validity of any other part of the Statutes, which can be given effect without such inconsistent part or parts.

B. In this regard, the words “Superintendent”, “Commission”, “Director”, “Division”, and “Department” shall be construed to mean, when the context so requires, either the Town, the Mayor, the Town Council or the Chief of Police, whichever is consistent with the purpose and intent of said Statutes.

7.05.030 – DRIVING WHILE LICENSE CANCELLED, SUSPENDED, OR REVOKED

No person shall drive a motor vehicle on any public street or highway in the corporate limits of the Town of LaBarge at a time when the person's driver's license, from Wyoming or any other jurisdiction, or nonresident operating privileges are cancelled, suspended or revoked under Wyoming Statutes or any other law. A person convicted of violating this section is guilty of a misdemeanor.

7.05.040 – FAILURE TO MAINTAIN LIABILITY COVERAGE; EXCEPTIONS

A. No owner of a motor vehicle required to be registered shall operate or permit the operation of such motor vehicle within the corporate limits of the Town of LaBarge without having in full force and effect a motor vehicle liability policy in amounts provided by Wyoming Statute (W.S.) § 31-9-405(b) or a bond in amounts provided by W.S. § 31-9-102(a)(xi). Violation of this section is a misdemeanor. A vehicle owned by a nonresident and registered in a state not requiring insurance is exempt from this subsection.

B. Any police officer as defined by W.S. § 31-5-102(a)(xxxiii), issuing a citation for any moving violation under W.S. § 31-5-101 through § 31-5-1402 or inspecting any vehicle, shall require the

86

operator of any motor vehicle required to be registered to produce evidence of whether the operator or owner of the motor vehicle has in full force and effect a motor vehicle liability policy in amounts provided by § W.S. 31-9-405(b) or a bond in amounts provided by' § W.S. 31-9-102(a)(xi). If the operator cannot show written proof of financial responsibility, the driver shall have seven (7) days to produce such proof. Any operator or owner of a motor vehicle required to be registered who is not able to demonstrate evidence of compliance with subsection A) of this section may be charged with violating that subsection. Additionally, the judge may order any driver failing to produce written proof of financial responsibility to pay restitution in accordance with § W.S. 7-9-101 through 7-9-115. The displaying or exhibiting of a validly issued insurance identification card as provided by W.S. § 31-8-201 by an operator or owner of the motor vehicle constitutes compliance with this section. No operator or owner of a motor vehicle charged with violating this section shall be convicted if he produces in court one of the following which was valid at the time of arrest or at the time the citation was issued:

1. A liability insurance policy previously issued to him;

2. Evidence of a bond on file as provided by W.S. § 31-9-102(a)(xi).

C. This section does not apply to:

1. Self-insurers pursuant to W.S. § 31-9-414;

2. A vehicle owned by the United States government, any state or political subdivision thereof which is self-insured;

3. A vehicle meeting the requirements of W.S. §§ 31-9-408 and 31-9-409;

4. A commercial vehicle registered or proportionally registered in this and any other jurisdiction provided the vehicle is covered by a vehicle insurance policy complying with the laws of any other jurisdiction in which it is registered.

7.05.050 – SPEED OR ACCELERATION CONTEST OR EXHIBITION ON HIGHWAYS

A. No person shall engage in any motor vehicle speed or acceleration contest, or exhibition of speed or acceleration on any highway without approval of such use by the governing body in charge of said highway. No person shall aid or abet in any such motor vehicle speed or acceleration contest or exhibition on any highway, without approval of such use by the governing body in charge of said highway.

B. No person shall for the purpose of facilitating or aiding or as an incident to any motor vehicle speed or acceleration contest upon a highway, in any manner obstruct or place or assist in placing an barricade or obstruction upon any highway without approval of such use by the governing body in charge of said highway.

C. Any person who violates this section shall upon conviction be fined not less than ten dollars ($l0) nor more than one hundred dollars ($100), or by imprisonment in the county jail for not more than ten (10) days or both.

7.05.060 – PENALTY

A. Any violation of the provisions of this Chapter is punishable by a maximum fine of seven hundred fifty dollars ($750.00), except for the following, which are punishable by a maximum of

87

seven hundred fifty dollars ($750.00) and/or a maximum sentence of incarceration of one hundred eighty (180) days in the Lincoln County Detention Center:

1. Driving Under the Influence pursuant to Wyoming Statute § 31-5-233 through 234, and/or Ordinance 7.05.010;

2. Eluding a Police Officer pursuant to Wyoming Statute § 31-5-225 through 234, and/or Ordinance 7.05.010;

3. Reckless Driving pursuant to Wyoming Statute § 31-5-229 through 234 and/or Ordinance 7.05.010;

4. Operating a Motor Vehicle Without Required Interlock Device pursuant to Wyoming Statute § 31-7-404;

5. Operating a Motor Vehicle Without Insurance pursuant to Wyoming Statute § 31-4-103 and/or Ordinance 7.05.040;

6. Operating a Motor Vehicle While License is Cancelled, Suspended, or Revoked pursuant to Wyoming Statute § 31-7-134 and/or Ordinance 7.05.030.

CHAPTER 7.10 – PARKING

7.10.010 – PROHIBITED AT ALL TIMES; SIGNS NOT REQUIRED FOR ENFORCEMENT

A. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic control device, in any of the following places at any time. Except as otherwise provided in this section, posting of signs prohibiting parking shall not be a requirement for the prosecution of persons violating this section:

1. Within fifteen (15) feet of a fire hydrant, on a line running from the center of said fire hydrant, parallel with the street, on both sides of the fire hydrant;

2. On a crosswalk;

3. Blocking any traffic sign or device;

4. Within fifteen (15) feet of a crosswalk at an intersection, except in a commercial district;

5. Within thirty (30) feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of the roadway;

7. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;

8. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

88

9. In any designated alley;

10. On a public street except in the direction of traffic;

11. In any manner which will block a driveway of a residence or business, except by the resident or business owner.

7.10.020 – METHOD OF PARKING, GENERALLY

A. Unless otherwise posted, all vehicles in all parts of Town stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right hand wheels of such vehicle parallel to and within eighteen (18) inches of the right hand curb, provided that upon hillsides or inclines, the front wheels shall be turned into this curb.

B. Angle or diagonal parking shall be permitted only in designated areas.

C. Any person in violation of this section shall be guilty of a Class D misdemeanor.

7.10.030 – TRUCK PARKING

No parking of commercial trucks in LaBarge except in designated areas or when making a delivery. Any person in violation of this section shall be guilty of a misdemeanor.

7.10.040 – PARKING

No person shall park a vehicle on private property without the permission of the property owner. Any person in violation of this section shall be guilty of a Misdemeanor.

7.10.050 – STOP WHEN TRAFFIC OBSTRUCTED

No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed. Any person in violation of this section shall be guilty of a misdemeanor.

7.10.060 – BLOCKING OF STREETS, ALLEYS, OR SIDEWALKS

No vehicle shall be driven or parked so as to obstruct any street, sidewalk, alley or

Section. Any person in violation of this section shall be guilty of a Misdemeanor.

7.10.070 – YIELD RIGHT-OF-WAY SIGN, OBEDIENCE; MANNER OF ENTERING INTERSECTIONS SO POSTED

A driver of a vehicle approaching a yield sign shall slow to a speed of not more than ten (10) miles per hour and yield the right-of-way to all vehicles approaching from the right or left of the intersecting street which are so close as to constitute an immediate hazard. If a driver is involved in a collision at an intersection or interferes with the movement of other vehicles after driving past a yield sign, such collision or interference shall be deemed prima facie evidence of the driver’s failure to yield the right-of-way.

89

7.10.080 – STORAGE OF VEHICLES IN PUBLIC SPACE PROHIBITED

No owner, manager or employee of any garage, salesroom, shop or other place of business shall permit any vehicle, whether the same is stock in trade or left for safe keeping, repair or storage, to be or remain in or upon any alley, street or sidewalk or in any space between the street and the property line adjacent to, in front of or beside any premises in the Town. Any person in violation of this section shall be guilty of a misdemeanor.

7.10.090 – PARKING VEHICLES ON PUBLIC STREETS FOR REPAIRS

No person shall park a vehicle on a public street or alley for the principal purpose of repairing, changing oil or greasing same, except repairs necessitated by an emergency. Any person in violation of this section shall be guilty of a misdemeanor.

7.10.100 – PARKING NEAR INTERSECTION RESTRICTED

No vehicle, which exceeds six (6) feet in height, shall be parked upon any street or roadway within forty (40) feet of the intersection of that street or roadway with any other street or roadway. Any person in violation of this section shall be guilty of a misdemeanor.

7.10.110 – ABANDONMENT DECLARED NUISANCE

It is hereby declared that leaving vehicles for more than twenty-four (24) hours on any of the highways, alleys, streets or public thoroughfares within the corporate limits of LaBarge or upon any Town property shall constitute a nuisance and shall be abated. Any person in violation of this section shall be guilty of a misdemeanor.

7.10.120 – SNOW REMOVAL PARKING

No person shall park a vehicle, trailer, etc. on any public street or alley that after or during a snow storm, or at the request of Town personnel, shall impede the removal of snow, ice or slush from the streets or alleys by the street personnel. Any person in violation of this section shall be guilty of a misdemeanor.

7.10.130 – AUTHORITY TO IMPOUND ILLEGALLY PARKED VEHICLES

Any vehicle found parked in any unauthorized place or in violation of this chapter may be towed to any impound in the Town. The owner of such vehicle shall be required to pay all charges of towing and storage incurred thereby in addition to any penalties imposed for violation of this chapter.

7.10.140 – DEFINITIONS

A. The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meaning ascribed to them in this chapter:

Owner: A person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for a conditional sale or lease thereof, with the right of purchase upon performance of the conditions stated in the agreement, and with

90

an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee, or lessee or mortgagor shall be deemed the owner for the purpose of this chapter.

7.10.150 – PENALTY

Any person in violation of this chapter shall be guilty of a misdemeanor.

CHAPTER 7.15 – BICYCLES

7.15.010 – DEFINED

For the purposed of this chapter, the word “bicycle” shall mean every device propelled by human power upon which any person may ride, having two tandem wheels either of which is more than twenty inches in diameter and shall include tricycles powered by human power

7.15.020 – OPERATION: APPLICABILITY OF TRAFFIC REGULATIONS

Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle under the motor vehicle provisions of this Code, except as to those provisions which by their nature can have no application.

7.15.030 – OPERATION: WHEN PROVISIONS IN EFFECT

The provisions of this article and any traffic regulation applicable to bicyclists shall apply whenever a bicycle is operated upon any highway or any path set aside for the use of bicyclists.

7.15.040 – OPERATION: RIDING ON SEAT REQUIRED; NUMBER OF PERSONS PERMITTED

A. A person propelling or riding as a passenger on a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.

B. No Bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped to seat.

7.15.050 – OPERATION: TO BE RIDDEN ON RIGHT EDGE OF ROADWAY; RIDING MORE THAN TWO ABREAST, USE OF BICYCLE PATHS

A. Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

B. Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

91

C. Whenever a usable path for bicycles has been provided adjacent to roadway, bicycle riders shall use such path and shall not use the roadway.

7.15.060 – OPERATION: CARRYING PACKAGES, ETC.

No person operating a bicycle shall carry any package, bundle, or article which prevents the driver from keeping at least one hand upon the handlebars.

7.15.070 – OPERATION: EQUIPMENT

A. Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear of a type approved by the police department which shall be visible from all distances from fifty feet to three hundred feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector.

B. Every bicycle shall be equipped with a brake, which will enable the operator to make the braked wheels skid on dry, level, clean pavement.

7.15.080 – OPERATION: ON SIDEWALKS

It shall be unlawful for any person to ride a bicycle upon any sidewalk within the town.

7.15.090 – OPERATION: LIABILITY OF PARENTS, GUARDIANS

It shall be unlawful for the parent of any child or the guardian of any ward to authorize or knowingly permit any such child or ward to violate any of the provisions of this article or any traffic regulation applicable to bicyclists.

CHAPTER 7.20 – SNOWMOBILES

7.20.010 – DEFINITIONS

A. For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Daylight Hours: any time, except from half hour after sunset to a half hour before sunrise and any other time when there is not sufficient light to render clearly discernible persons and vehicles at a distance of five hundred feet.

Operate: to ride in or on and control the operation of a snowmobile.

Operator: every person who operates or is in actual physical control of a snowmobile.

Owner: a person other than a lien holder having the property in or title to a snowmobile entitled to the use or possession thereof.

92

Snowmobile: any mechanically driven vehicle of a type, which utilizes sled type runners, or skis or any endless tread or combination of these designated primarily for operation over snow.

7.20.020 – OPERATION UNLAWFUL

A. It shall be unlawful for any person to drive or operate any snowmobile at any place within the municipality in the following ways or under the following circumstances:

1. At a rate of speed greater than reasonable or proper under all surrounding circumstances;

2. In a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage to such person or property;

3. While under the influence of intoxicating liquor or narcotics or habit-forming drugs;

4. Without a lighted headlamp and tail lamp when required for safety;

5. In any planting area in a manner which damages or destroys growing stock;

6. Without a muffler in good working order and connected to the snowmobile exhaust system;

7. On direct crossing of a street or highway unless:

a. The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;

b. The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway;

c. The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard; and

d. In crossing a divided highway, the crossing is made only at the intersection of such highway with another public street or highway.

8. While towing a sled, toboggan or other object, except with solid hitch;

9. Abreast of another snowmobile upon any street, alley, or highway;

10. Between the hours of ten (10) p.m. and seven (7) a.m.;

11. In any municipal park or recreation area controlled by the municipality, except when posted as “open” to snowmobiles and within the hours permitted;

12. Upon private property other than that of the snowmobile owner or operator without express permission of the owner;

13. While carrying a bow or firearm unless the same is securely encased;

93

14. Leaving or allowing a snowmobile to be or remain unattended on public property, street, highway or other public grounds or places while the motor is running or with keys to start such snowmobile in the ignition switch;

15. Without observing all traffic signs, signals, rules, and regulations applying to motor vehicles;

16. Upon any road, street, or highway in the municipality kept open for vehicular traffic, except:

a. During a period of emergency when travel by conventional automatic equipment is not possible.

b. For a special snowmobile event of limited duration when conducted on a prearranged scheduled under permit from governing body.

c. In crossing a street as provided in subsection (g) of this section.

d. On streets or reads not maintained for winter vehicular travel.

e. On streets closed to wheeled vehicular traffic.

f. Within the right-of-way but not on the main traveled roadway.

7.20.030 – PENALTY FOR VIOLATION

Any person, firm, corporation, co-operative or partnership, who shall who shall violate the terms and provisions of this Ordinance, and upon conviction thereof, shall deemed guilty of a misdemeanor, and shall be fined in a sum of not less than five ($5.00) dollars nor more than One Hundred ($100.00) dollars.

CHAPTER 7.25 – SIDEWALKS

7.25.010 – REMOVAL OF SNOW AND ICE

No owner or occupant herein mentioned shall suffer or permit any snow or ice to collect and remain on any public sidewalk so as to impede, obstruct, or render dangerous public travel, later than nine o’clock in the forenoon of any day after the same shall have fallen or collected thereon, or for more than two hours after notice from the Mayor or Chief of Police of the said Town, or any person duly authorized by the Mayor, to remove such snow or ice.

7.25.020 – CLEANING SIDEWALKS

A. Every person occupying the ground floor of any building and the owner of any vacant building or lot, shall keep the sidewalk adjoining said building and lot free and clean from snow, ice, waste, rubbish or other obstructions.

B. No person shall sweep, plow, push or shovel snow, dirt, ashes or rubbish, or throw slop water out of any building or lot upon any public sidewalk, street, alley or property.

7.25.030 – OBSTRUCTION OF SIDEWALKS

94

Any person who shall obstruct any sidewalk in such a manner as to hinder or endanger its use by pedestrians, except when receiving or delivering goods or during the maintenance of said sidewalk shall be guilty of a misdemeanor.

7.25.040 – DRIVING ON SIDEWALKS

A. Any person who shall drive any vehicle along or upon any sidewalk in the Town of LaBarge, intended for the use by pedestrians, except baby carriages, wheel chairs or vehicles used for the maintenance of said sidewalk shall be guilty of a misdemeanor.

B. Any person who shall drive, skate or slide over any sidewalk or cross-walk in such a manner as to hinder or endanger pedestrians, or occupy any sidewalk, cross-walk, bridge or entrance to a church or public hall in such a manner as to obstruct the free passage of the public, shall be guilty of a misdemeanor.

7.25.050 - Broken Sidewalks

Any person who shall suffer any sidewalk in front of the premises owned and occupied by him to become or continue so broken so as to endanger life or limb, shall be guilty of a misdemeanor.

7.25.060 Penalty for Violation

Any person violating any provision of this chapter, for which violation punishment is not specifically heretofore provided herein, shall be deemed guilty of a misdemeanor.

CHAPTER 7.30 – EXCAVATIONS

7.30.010 – DEFINITIONS

Applicant: any person or company making written application to the Town of LaBarge for an excavation permit.

Commissioner: the LaBarge Street and Parks Foreman or an authorized agent.

Contractor: any person who has been granted and has in full force and effect an excavation permit issued hereunder.

Excavation: any opening in the surface of a public place, or other work permitted under an excavation permit and required to be performed under this chapter, and when a trencher, back-hoe, boring machine, jack hammer, cable plow or any other methods or equipment are used to do such work, except an opening into a lawful structure below the surface of a public place, the top of which is flush with the adjoining surface and is constructed as to permit frequent opening without injury or damage to the public place.

Facility: any material structure or object of any kind or character, whether enumerated herein or not, which is, or may be, lawfully constructed, left, placed or maintained in, upon, along, across, under or over any public place.

95

May: shall mean permissible.

Permittee: shall mean the individual or firm applying for or holding an excavation permit.

Shall: means mandatory action.

Street: any street, highway, alley, avenue, or other public way or public grounds, including sidewalks, in the Town.

Town: shall mean the Town of LaBarge, Wyoming.

Town Clerk: shall mean the Town Clerk for the Town of LaBarge, Wyoming or an authorized representative.

Utility: shall mean any facility owned by a utility company and from time to time will refer to the company itself.

7.30.020 – PERMIT REQUIRED

No person, firm, utility or corporation shall dig up, break, excavate, turn undermine or in any manner break up any paved, oiled or gravel surfaced street, alley any publicly dedicated utility easement or right-of-way in the Town, or cause to interfere with the free use of any of the above mentioned areas, unless they first obtain an excavation permit from the Town Clerk.

7.30.030 – APPLICATION FOR PERMIT

A. The applicant shall obtain from the Town Clerk an application for an excavation permit, containing the following:

1. The permit shall state the name, address and principal place of business of the applicant; the purpose of the permit; the location and dimensions of the installation or removal for which the permit is issued; the length of time which will be required to complete such work, including backfilling such excavation and removing all obstructions, material and debris.

7.35.040 – PERMIT PROCEDURE

A. Upon completing the permit application, the applicant shall return the same to the Town Clerk. The permit shall be reviewed, and, if in compliance with the Excavation Ordinance, approved and signed by:

1. The Street and Parks Foreman; or

2. The Town Engineer

B. The Town Clerk shall notify the applicant, in writing, within five (5) working days, of the denial and the reasons for denial. The applicant shall also be told of their right to an appeal by the Planning and Zoning Commission and Town Council.

96

C. If not in compliance with the Excavation Ordinance, the permit shall be denied and the applicant notified in writing, within five (5) working days, of the denial and the reasons for denial. The applicant shall also be told of their right to an appeal by the Planning and Zoning Commission and Town Council.

D. If denied, it is the responsibility of the applicant to initiate the appeal process. The applicant shall notify the Town Clerk that they wish to be placed on the agenda of both the Planning and Zoning Commission and Town Council.

E. The contractor shall obtain satisfactory clearances from gas, water, telephone or other facilities so such utilities will not be damaged or existing services interfered with. It shall remain the applicant’s duty to notify all utilities within the area of the proposed excavation and perform all work as provided in the issued excavation permit.

7.30.050 – RESPONSIBILITY OF COMMISSIONER

The Commissioner shall make such inspections as are reasonably necessary to enforce this chapter. The Commissioner shall have the authority to promulgate and cause to be enforced such rules, regulations or specifications as may be reasonably necessary to enforce and carry out the intent of this chapter.

7.35.060 – BONDING

A. Before any person, firm, corporation, partnership, company, association, agency, utility franchise holder (i.e. telephone, electricity, gas or television cable company, shall do any work within the Town limits as permitted by this chapter, a five thousand dollar ($5,000.00) corporate surety bond must be filed in the Town Hall with the Town Clerk, guaranteeing faithful performance of the provisions set forth in this chapter.

B. In lieu of posting a bond, a certified check or cash deposit can be substituted for the above in an amount equal to the estimated cost of the excavation, repairs and restoration, as determined by the Commissioner and the Town Engineer. The purpose of said bonds or deposits shall be to indemnity the Town for any expenses it may incur to correct any and all violations of this chapter.

C. Should any Permittee fail to abide by this chapter, the Town shall cause such work to be accomplished correctly. Upon the completion of said work, and upon the recommendation of the Commissioner, the Town Council may cause the permitte’s bond to be called in order to indemnify the Town for costs incurred.

D. Any and all bonds as herein specified shall be enforced for a one (1) year period.

7.30.070 – PERMIT FEES

A fee of Five Dollars ($5.00) shall be charged by the Town Clerk for the issuance of a required excavation permit.

7.30.080 – EXCAVATION PLACARD

97

A. The Town Clerk shall provide each contractor, at the time a permit is issued hereunder, a suitable placard plainly written or printed in English letter at least one (1) inch high with the following notice:

“TOWN OF LABARGE, WYOMING EXCAVATION PERMIT

No. _____ issued to ______________________________

On the _____ day of ___________________, _________”

B. It shall be the duty of any contractor hereunder to keep the placard posted in a conspicuous place at the site of the excavation work. It shall be unlawful for any person to exhibit such placard at or about any excavation not covered by such permit or to misrepresent the number of the permit or the date of its issuance.

7.30.090 – BARRIERS AND WARNING DEVICES FOR SAFETY

A. It shall be the duty of every person cutting or making an excavation in or upon any public place to place and maintain such barriers and warning devices as may be necessary for safety. Barriers and warning devices shall be designed to warn pedestrians and vehicles of impending personal injury or property damage.

B. Barriers shall meet the requirements of the Commissioner. Warning lights shall be used from sunset of each day to sunrise of the following day and shall emit light of sufficient intensity and frequency to be visible at a reasonable distance for safety. Reflectors or reflecting material may be used to supplement, but not replace light sources. The warning system shall conform with the Uniform Manual of Traffic Devices, which is incorporated herein by references and as, from time to time, is published by the United States Department of Transportation. Three copies of said Uniform Manual of Traffic Devices are on file with the Town Clerk.

7.30.100 – CROSSINGS AND PASSAGEWAYS FOR PEDESTRIANS AND VEHICLES

Where possible, a Permittee under this chapter shall maintain reasonably safe crossings for two (2) lanes of vehicle traffic at all street intersections and reasonably safe crossings for pedestrians. If an excavation is made across any street, alley, or sidewalk, at least one (1) safe crossing shall be maintained when possible for vehicles and pedestrians. In any case, the Commissioner may, at his discretion, prescribe and require that extra measures shall be taken by the Permittee to maintain reasonably safe traffic and pedestrian movement.

7.30.110 – ROUTING OF TRAFFIC; CLOSING OF STREET

A Permittee under this chapter shall take appropriate measures to assure that during performance of the excavation work, traffic conditions as near normal as practical shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public. Provided that the Commissioner may permit the closing of streets and alleys to all traffic for a period of time prescribed by him, if, in his opinion, it is necessary.

7.30.120 – EMERGENCY EXCAVATIONS

Nothing in this article shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property or for the location of trouble or for making repairs; provided that the person making such excavations shall apply to the Town Clerk for an excavation

98

permit on the first working day after such work is commenced. An emergency shall be defined as a loss of service, a definite possibility of personal injury or property destruction.

7.30.130 – LIABILITY OF MUNICIPALITY AND MUNICIPAL EMPLOYEES

This chapter shall not be construed as imposing upon the municipality or any official or employee thereof, any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued; nor shall the municipality or any official or employee thereof be deemed to have assumed such liability or responsibility by reason of inspections authorized under this chapter, the issuance of any permit or the approval of any excavation work.

7.30.140 – LIABILITY OF PERMITTEE

The Permittee shall be liable to correct any problems caused by settlement of the excavation for a period of one (1) year. Should the excavation settle causing remedial work to include new surfacing material, the Permittee, at his expense, shall repair or replace said damage, as determined by the Commissioner, within thirty (30) days after being notified by the Commissioner. A settlement of more than one (1) inch below the surrounding surface may be considered excessive and may cause the Commissioner to require remedial work to correct the same.

7.30.150 – PROMPT COMPLETION OF WORK AND RESTORATION REQUIRED

After an excavation is commenced, the Permittee under this chapter shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the public place to its original condition, or as near as possible, so as not to obstruct the public place or travel thereon more than is reasonable necessary. A maximum of forty-eight (48) hours shall be allowed to complete such excavation, backfilling and resurfacing, except and unless, because of unusual circumstances, the Commissioner allows Permittee an extension of the time limit.

7.30.160 – INCONVENIENCE, ANNOYANCE, ETC., TO GENERAL PUBLIC AND OCCUPANTS OF NEIGHBORING PROPERTY

Each Permittee under this chapter shall conduct and carry out excavation work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance of the excavation work, the Permittee shall take appropriate measures to reduce to the fullest extent practical, noise, dust, and unsightly debris. During the hours of 10:00 p.m. to 6:00 a.m., the Permittee shall not use any tool, appliance or equipment producing noise or sufficient volume to disturb the sleep or repose of occupants of neighboring property except with written permission of the Commissioner, in case of emergency as otherwise provided in this chapter.

7.30.170 – INTERFERENCE WITH ACCESS TO FIRE HYDRANTS, FIRE ESCAPES, AND OTHER VITAL EQUIPMENT

All excavation work under this chapter shall be performed and conducted so as not to interfere with access to fire hydrants, fire escapes or any other equipment as designated by the Commissioner.

99

7.30.180 – INTERFERENCE WITH EXISTING FACILITIES

A. A permittee under this chapter shall not interfere with any existing facility without the written consent of the Commissioner, and, if privately owned, the consent of the owner of the facility except where such facility trespasses upon an existing utility easement. If it becomes necessary to relocate an existing facility, this shall be done by agreement between its owner and the Permittee. No facility owned by the municipality shall be moved to accommodate the Permittee unless the cost of such work is done by the Permittee. if a facility is located on a utility easement contrary to the rights of the utility, the owner of such facility shall be required to bear the cost of the removal of such facility. A Permittee under this chapter shall at all times, at his own expense, take such reasonable precautions as necessary to protect from injury all pipes, conduits, poles,

V wires and other apparatus, which may be in any way affected by the excavation work.

B. It shall be the joint responsibility of the Permittee and the owner or his representative of the utility to locate, mark and protect any utility facilities. The Permittee shall inform himself as to the existence and location of all underground facilities and protect the same against damage as provided herein. It shall be the responsibility of the utility to provide accurate information to include field location of the facility. The facility shall be marked with durable and visible markings that will last for the duration of the construction, over or near the same.

7.30.190 – PROTECTION OF ADJOINING PROPERTY

A. A Permittee under this chapter shall at all times, at his own expense, take all reasonable precautions to preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Wherein it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the Permittee shall obtain permission from the owner of such property. For such purposes, and if he cannot obtain an access from such owner, the Commissioner may authorize him to enter the private premises solely for the purpose of making the property safe for protection of lives or property.

B. The Permittee shall, at his own expense, shore up and protect all buildings, walls, fences and other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from his failure to properly protect and carry out such work.

7.30.200 – CARE OF LAWN AREAS; REMOVAL OF TREES AND SHRUBS FROM PARKING STRIP

A. Whenever it may be necessary for a Permittee under this chapter to trench through any lawn area, all construction and maintenance work shall be done in the manner calculated to leave the lawn area clean of earth and debris and in a condition as near as possible to that which existed before such work began.

B. The Permittee shall not move, even temporarily, any trees or shrubs which exist in public places without first obtaining the consent of the Commissioner, or as provided herein for an emergency.

7.30.210 – BREAKING THROUGH PAVEMENT

100

The following provisions shall be applicable where any excavation requires breaking through pavement. These provisions are in addition to any standard specifications that may be adopted by the Town Council.

A. Heavy duty breakers may be disallowed by the Commissioner. Heavy Duty breakers shall not be construed to mean a jackhammer operated by one man.

B. Saw cutting of Portland Cement concrete shall be required by the Commissioner when the nature of the job or the condition of the street warrants.

C. Approved cutting of bituminous pavement surface ahead of excavations shall be required by the Commissioner or confine pavement damage to the limits of the trench.

D. Sections of sidewalks shall be removed to the nearest score line or saw cut edge.

E. Unstable pavement shall be removed over cave-outs and over-breaks and the sub-grade be treated as the main trench.

F. Pavement edges shall be trimmed to a vertical face and neatly aligned with the centerline of the trench.

G. Cut-outs outside of the trench lines must be normal or parallel to the trench line.

H. Boring or other methods to prevent cutting of new pavement may be required by the Commissioner for arterials or where the blockage of the street would isolate an area from access or emergency service.

I. The Permittee under this ordinance shall not be required to repair damage existing prior to excavation done by him unless his cut results in small float-sections that may be unstable, in which case, the Permittee shall remove and pave the area. In either case, it shall be up to the Commissioner’s discretion to make the decision.

7.30.220 – DISPOSITION OF MATERIALS FROM EXCAVATION

All materials excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained, in such a manner as not to endanger those working in the trench, pedestrians or other users of the street so that as little inconvenience as possible is caused to those using the streets and adjoining property. Where the confines of the area being excavated are too narrow to permit piling of excavated material beside the trench, the Commissioner shall have the power to require that the Permittee under this ordinance will haul the excavated material to a storage site and then re-haul it to the trench site at the time of backfilling.

7.30.230 – REMOVAL OF DEBRIS

As excavation work progresses, all streets, sidewalks and alley shall be thoroughly cleaned of all rubbish excess earth, rock and other debris resulting from such work. All clean-up operations at the location of such excavation shall be accomplished at the expense of the Permittee and shall be completed to the satisfaction of the Commissioner and immediately after completion of such work, the Permittee shall, at his own expense, clean up and remove all refuse and unused materials of any kind resulting from such work.

101

7.30.240 – NORMAL STORM FLOWS

Normal storm flows shall be maintained or temporarily rerouted if necessary and property and existing facilities shall be protected. Following the completion of the excavation work, the original drainage shall be restored.

7.30.250 – DISPOSAL OF MUCK, SILT, ETC.

The Permittee under this chapter shall make provisions to dispose of all surplus water, muck, silt, sucking and other runoff pumped from excavations or resulting from slushing to other operations and shall be responsible for any damage resulting from its failure to do so.

7.30.260 – BACKFILLING

Suitable material free from lumps and stones shall be thoroughly compacted in a manner and as determined by the Commissioner. The method of compaction shall be approved by the Commissioner or shall be in compliance with Town standard specifications as determined by the Town Engineer and Commissioner. Broken pavement, large stones, roots and other debris shall, not be used as backfill. No frozen material shall be allowed. In all cases the backfill material shall be subject to the approval of the Commissioner.

7.30.270 – RESTORATION OF SURFACE

A. Resurfacing of excavation shall be done with such material and in such a manner as to restore the surface to the condition at least as good as the surface prior to the commencement of the excavation. In all cases, surfacing, either temporary or permanent, shall be placed within forty-eight (48) hours after initial opening, except and unless, because of unusual circumstances, the Commissioner allows Permittee an extension of the time limit. Temporary surfacing may be required by the Commissioner where the backfill is likely to settle. Any and all temporary surfaces shall be replaced with permanent resurfacing when the backfill has ceased to settle. Both surfacing shall be at the expenses of the Permittee. All surfaces and sub-surfaces shall conform to the method of construction of street, sidewalk, or alley in which the excavation was made, and in conformance with the standard specifications as determined by the Town Engineer and Commissioner.

B. Should the Permittee fail to find a contractor to replace the surface material, Permittee may ask the Town to replace the surface material for an excavation less than one hundred fifty (150) square feet. The Town will bill the Permittee upon completion. The excavation shall be measured by the Town upon completion of the backfill process and the bill shall be based upon said measurements. The Town shall bill the Permittee for concrete surface, asphalt surface, or gravel surface (whichever shall be furnished by the Town) at such costs and rates as may, from time to time, be established by the Commissioner and Town Engineer.

7.30.280 – PENALTY

Any person, firm or corporation violating any provisions of this chapter as adopted herein, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not exceeding Two Hundred and No./100th Dollars ($200.00); and shall further be required to make full

102

restitution to the Town for costs of restoring the surface to its condition prior to any excavation made.

7.30.290 – SEVERABILITY

Should any section, paragraph, sentence, clause, or phrase of this chapter be declared invalid for any reason, the remainder of such chapter shall not be affected thereby.

7.30.300 – REPEAL AND EFFECTIVE DATE

All ordinances and parts of ordinances in conflict with this Chapter are hereby repealed, and this Chapter shall be in full force and effect immediately upon its adoption and publication as provided by law.

CHAPTER 7.35 – MISCELLANEOUS PROVISIONS

7.35.010 – INJURY TO PAVEMENT OR SIDEWALKS

A. Any person who shall injury or tears up any pavement or sidewalk in this Town without authority, shall be deemed guilty of a misdemeanor, and upon conviction, may be punished by a fine in any sum to cover the cost of labor, materials, and any other items needed to repair such pavement or sidewalk to its original condition.

B. Any person making an excavation, hole, drain or ditch in any street or alley in the Town of LaBarge, without first obtaining permission of the Town, shall, upon conviction, be guilty of a misdemeanor and may be ordered to pay restitution to the Town any sum necessary to cover cost of labor, materials, and any other items needed to repair such street or alley to its original condition.

7.35.020 – EXCAVATION NEAR STREET

Any person who shall dig a cellar or other excavation adjacent to and within four (4) feet of the line of any public street or sidewalk, shall erect barriers between such street or sidewalk and excavation sufficient to secure public safety, and at all times during the night shall keep lighted lamps upon said excavations; and if within twenty four (24) hours after notice from the Mayor to place such barriers and lights, such notice be not complied with, then said Mayor may cause such barriers and light to be placed at the expense of the persons to be in default.

7.35.030 – REMOVAL OF MATERIALS

Any person or persons who shall, without first having obtained written permission from the Town, digs, removes or carries away or causes or procures the same to be done, any sod, stone, earth, sand or gravel from any street, alley, or public grounds within this Town, shall be deemed guilty of a misdemeanor.

7.35.040 – EXCAVATIONS IN STREETS OR ALLEYS

103

No Town officer, contractor, or other person in this Town shall make any excavation or dig any hole, drain or ditch in any highway, thoroughfare or alley within the limits of this Town without providing during the night that such excavations shall have lighted barriers erected around the same, together with flashing lights, sufficient in number to warn any person of such excavation. Any person violating the provisions of this section shall upon conviction be guilty of a misdemeanor.

7.35.050 – HINDRANCE OF REPAIR OR CONSTRUCTION

Any person who shall hinder or obstruct the making or repairing of any pavement, sidewalk or cross-walk in this Town, which is or may be in the course of construction pursuant to any ordinance, resolution or order of the Town Council, or shall hinder or obstruct any person employed in making or repairing any public improvement or work ordered by the Town Council, shall be deemed guilty of a misdemeanor.

7.35.060 – BUILDING MATERIAL IN STREETS

A. No person shall place any building material upon any public street or alley without a permit in writing from the Town of LaBarge. Any person to who such permit is granted shall cause all said materials to be enclosed with guards sufficient to secure public safety, and at all times during the night shall keep flashing light upon said guards to give warning to all persons. All such building materials and rubbish arising there from shall be removed from any public street by the expiration of the time limited in the above-mentioned permit, or upon the revocation of said permit.

B. Any person violating any provisions of this section shall be deemed guilty of a misdemeanor.

7.35.070 – REPAIR OF DAMAGE

The applicant shall be responsible for the repair of all damage caused by

Applicants vehicles, to the Town streets. All repairs shall pass the inspection of the Town Engineer prior to the release of a bond or release of the applicant from liability for the damage.

7.35.080 – ENFORCEMENT

A driver of any vehicle, or combination of vehicles, upon demand of any LaBarge Police Officer, having reason to believe that the weight of a vehicle or combination, including load, if any, is unlawful, shall stop and submit the vehicle or combination of vehicles and any load thereon to a weighing at any state owned or leased scales. The driver shall comply with the directions of the Police Officer to obtain the total weight or measurement of the load and vehicle.

7.35.090 – PENALTIES

Any violation of this chapter, except as specifically designed above, or the conditions of any permit issued under it, is punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Seven Hundred Fifty Dollars ($750.00), in addition to an excess gross volume weight fine of:

_____GROSS VOLUME WEIGHT __ FINE_____

0 – 4,000 $ 25.00

4,000 – 6,000 50.00

104

6,001 – 8,000 100.00

8,001 – 10,000 150.00

10,001 – 12,000 200.00

12,001 – 14,000 250.00

14,001 – 16,000 300.00

16,001 – 18,000 400.00

18,001 – 20,000 500.00

Over 20,000 - 750.00

TITLE 8

TOWN LICENSES AND PERMITS

CHAPTER AND SECTIONS: PAGE:

8.05 GENERAL BUSINESS LICENSES 107

8.05.010 Compliance Required

8.05.020 Application Process

8.05.030 License Tax Certificate

8.05.040 Transfer of License

8.05.050 Payment Due Dates

8.05.060 License Fees for Businesses and Occupations

8.05.070 Several Businesses at One Location

8.05.080 Penalty

8.05.090 Appeals

8.05.100 Public Utilities

8.10 ALCOHOLIC BEVERAGES 109

8.10.010 Adoption of State of Wyoming Alcoholic Beverage Control Laws

8.10.020 Compliance with Chapter

8.10.030 Retail Liquor License Fees

8.10.040 Restaurant Liquor License Fees

8.10.050 Twenty-four Hour Malt Beverage Permit Fee

8.10.060 Transfer of License Location or Ownership Fee

8.10.070 Hours of Sale

8.20 BUILDING PERMITS 110

8.20.010 Building Permits

8.25 ADVERTISING AND SIGNS 111

8.25.010 License to Post, Distribute, etc., Advertising Material, Required

8.25.020 Same: Application; Issuance; Term

8.25.030 Same: Fee

8.25.040 Throwing, etc., Newspapers, Handbills, etc., on Private Property Without Owner’s Consent.

8.25.050 Destroying Authorized Advertisement

8.25.060 False Advertising

8.25.070 Maintenance of Signs

8.25.080 Removal of Temporary political or Promotional Placards and Posters

8.30 SECONDHAND DEALERS, PAWNBROKERS, AND JUNK

DEALERS 113

8.30.010 Pawnbrokers, Defined

8.30.020 License Required

8.30.030 Licenses: Fee; Transfer

8.30.040 Licenses: Revocation

8.30.050 Licenses: Secondhand Dealer’s License Not Required

8.30.060 Bond

8.30.070 Records Required; Contents

106

8.30.080 Records: Delivery to Police; Retention of Copy

8.30.090 Inspection of Records, Merchandise, etc.

8.30.100 Stolen or Illegally Obtained Property

8.30.110 Transactions with Minors

8.30.120 Compliance with Wyoming Consumer Credit Code and Interest Limitations

8.30.130 Secondhand Dealers, Defined

8.30.140 Licenses

8.30.150 Records, Generally

8.30.160 Inspection of Records, Merchandise, etc.

8.30.170 Stolen or Illegally Obtained Property

8.30.180 Junk Dealers: License Required

8.30.190 Licenses: Application

8.30.200 Licenses: Fee

8.30.210 Right of Entry of Police and City Officers

8.30.220 Articles to be Kept Ten Days After purchase

8.30.230 Register

107

CHAPTER 8.05 – GENERAL BUSINESS LICENSES

8.05.010 – COMPLIANCE REQUIRED

A. It shall be unlawful for any person to engage in or carry on any business, trade, profession or calling, or to use in connection therewith any vehicles, premises, machine or device, for which a license or permit is required by this ordinance or any other ordinance of the Town of LaBarge, without first obtaining and keeping in effect a license or permit therefore.

B. The agent or other representative of non-residents who are doing business in this Town or the agent of any domestic corporation shall be personally responsible for the compliance with this ordinance by their principals, and of and for the business that they represent.

C. For the purpose of this ordinance, any person shall be deemed to be in business and thus subject to the requirement of this ordinance when he/she does one act of any of the following within the Town of LaBarge:

1. Selling any goods or services;

2. Soliciting business or offering goods or services for sale or hire;

3. Acquiring or using any vehicle on any premises in the Town of LaBarge for any business purpose.

8.05.020 – APPLICATION PROCESS

The applicant for a license shall make his application therefore in writing, addressed to the Mayor and Town Council, stating the business, occupation, or profession intended to be engaged in, which application, with the Clerk’s receipt, shall be filed with the Town Clerk.

8.05.030 – LICENSE TAX CERTIFICATE

A. Upon payment of the license tax herein assessed to the Town Clerk, said Clerk shall then issue and deliver to the taxpayer a certificate showing the following:

1. The name of the person, association, firm or corporation paying such tax;

2. The amount of tax paid; and

3. A description of the nature of the business in which the taxpayer is engaged.

B. Every person, association, firm or corporation carrying on such trades, businesses, occupation or calling as above enumerated shall at all times exhibit a certificate of payment of the occupation tax when requested to do so by any officer or employee of the Town of LaBarge.

8.05.040 – TRANSFER OF LICENSE

A. No receipt or certificate showing the payment of the license tax herein assessed shall in any manner be assignable or transferable without the written consent of the Town Council.

108

B. In the event a license is transferred from one proprietor to another, or from one location to another with the approval of the Town Council, a transfer fee of $1.00 shall be assessed upon the issuance of a new amended license tax certificate.

8.05.050 – PAYMENT DUE DATES

All persons taxed under this ordinance shall pay said tax on or before the first day of July each year. The license tax certificate issued upon payment of the tax shall be valid until June 31. If any trade, occupation, business or profession be commenced after the first day of July, the proportion of the tax levied for the remainder of the year shall be immediately due and payable.

8.05.060 – LICENSE FEES FOR BUSINESSES AND OCCUPATIONS

All the businesses and occupations hereinafter mentioned shall be licensed and the amount taxed for each license shall be $35.00 per year on or before July 1 annually.

8.05.070 – SEVERAL BUSINESSES AT ONE LOCATION

If a person engaged in more than one trade, occupation, business or profession, at one location in the Town of LaBarge, unless otherwise specified herein, said person shall pay a tax equal to the highest tax levied against any one of the trades, occupations, businesses or professions as are carried on at one location.

8.05.080 – PENALTY

A. Any person who shall commence or carry on any business, profession or occupation for which a license is required by this ordinance, without first obtaining such license, or any person who shall violate any other provision of this ordinance, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined $100.00 per day until they are in compliance with this ordinance.

B. If any occupation tax remains delinquent after it shall have become due and payable, then interest shall accrue on the past due amount at the rate of eighteen percent (18%) per annum until the tax assessment is fully satisfied.

C. The Town of LaBarge shall have the right to institute, in any court of competent jurisdiction, a civil action or actions to recover the amount of any taxes becoming delinquent, together with all interest accruing thereon. Neither the recovery by the Town of LaBarge or a judgment for such taxes or interest, nor the satisfaction thereof, shall release the delinquent taxpayer from liability for a violation of any of the provisions of this ordinance.

8.05.090 – APPEALS

A. At its first meeting in February, the Town Council shall sit as a Board of Equalization to hear complaints from any taxpayer who feels aggrieved at the tax levied against him.

B. Each complaint shall be filed in writing with the Town Clerk three (3) days before the meeting of the Town Council, fully setting forth the grounds of the complaint. No complaint shall be heard by the Town Council unless the taxpayer shall have paid the Town Clerk the taxes claimed by such taxpayer to be correct and just. The Town Council may use its discretion in equalizing all complaints that come before it. If any person shall furnish satisfactory evidence to

109

the Town Council that by reason of misfortune or physical infirmities, he is entitled to exemption for the payment of any tax herein required, the Council may remit such license, tax, or any part thereof.

8.05.100 – PUBLIC UTILITIES

A. The grantee of any franchise to furnish natural gas, electricity, telephone service, or cable television in the Town of LaBarge, shall pay a franchise fee equal to one percent (1%) of the gross revenue derived from customers within the corporate limits of the Town of LaBarge during each calendar year.

B. “Gross Revenue” as used herein shall be construed to mean any revenues of the grantee derived from the sale and use of natural gas, electricity, telephone service or cable television within the Town of LaBarge, after adjustments for write-off of the un-collectable accounts and corrections of bills theretofore rendered.

C. Within forty-five (45) days after the close of each quarter in each calendar year, the grantee shall file with the Town Clerk a report of the gross revenues for the quarter. The report shall contain a statement of gross revenues, and any deductions made because of adjustments or corrections, together with a computation of the tax to be paid. Coincidentally with the filing of the report, the grantee shall pay to the Town Clerk the amount of the tax thus computed. Within thirty (30) days after the filing of the report, or within such reasonable additional time as he may request, the Town Clerk shall examine the report, determine the accuracy of the amounts reported, and, if he finds any errors, report them to the grantee for correction. If the tax as paid were found deficient, the grantee shall promptly remit the difference, and if the tax as paid were found excessive, the Town shall promptly refund the difference. The records of the grantee pertaining to such report shall be open for inspection by the Town Council or its representative at all reasonable hours for the purpose of verifying the report.

D. The franchise fee as provided herein, shall be in lieu of all other license taxes, occupational taxes and franchise taxes. However, the franchise fee shall not be deemed to preclude the assessment of general property taxes or special assessments for local improvements

CHAPTER 8.10 – ALCOHOLIC BEVERAGES

8.10.010 – ADOPTION OF STATE OF WYOMING ALCOHOLIC BEVERAGE CONTROL LAWS

There is hereby adopted by reference the State of Wyoming Beverage Control Laws and amendments hereto, by the Town of LaBarge, for the purpose of regulating the sale of alcoholic and malt beverages within the Town limits of LaBarge, being more particularly the most recent edition thereof, and the whole thereof, as the same from time to time may be amended, a copy of which has been and is now on file in the office of the Town Clerk, and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this section shall take effect, the provisions thereof and all subsequent amendments thereto shall be controlling the sale of alcoholic and malt beverages within the corporate limits of the Town of LaBarge.

110

8.10.020 – COMPLIANCE WITH CHAPTER

For the protection of the welfare, health, peace, morals and safety of the people of the Town of LaBarge, it is hereby declared to be a public policy in the municipality that the traffic in spirituous, fermented and malt liquors shall be regulated to the extent of prohibiting all traffic therein except as provided in this chapter, and no sale at retail of such liquors may be consummated in the municipality except in compliance with the provisions of this chapter and the provisions S12-1-101 to S12-9-119 W.S. (1977)

8.10.030 – RETAIL LIQUOR LICENSE FEE

The license fee for a retail liquor license shall be seven hundred dollars ($750.00) payable on or before July 1 annually.

8.10.040 – RESTAURANT LIQUOR LICENSE FEE

The license fee for a restaurant liquor license shall be seven hundred dollars ($750.00). The license fee for a restaurant liquor license for the sale of malt beverages only shall be five hundred dollars ($500.00), both payable annually in advance.

8.10.050 – TWENTY-FOUR-HOUR MALT BEVERAGE FEE

The license fee for a twenty-four-hour malt beverage permit shall be ten dollars ($10.00) payable in advance.

8.10.060 – TRANSFER OF LICENSE LOCATION OR OWNERSHIP FEE

After a public hearing a license or permit may be transferred to or renewed on different premises or transferred to a new owner on the same basis as the original application. An additional license fee of one hundred dollars ($100.00) is required for the remaining term of the license or permit. A transferred license or permit shall expire on the same date as the original license or permit.

8.10.070 – HOURS OF SALE

All licensees may, open the dispensing room at 6:00 a.m. and shall close the dispensing room and cease sale of both alcoholic and malt beverages promptly at the hour of 2:00 a.m. the following day. In addition, licensees shall clear the dispensing room of all persons other than employees by 2:30 a.m. Except for Sunday, open only from 12:00 noon till 10:00 p.m. only.

CHAPTER 8.20 – BUILDING PERMITS

8.20.010 – BUILDING PERMITS

A. There is hereby adopted by reference, under authority of Section 15-1-509, Wyoming Statutes Annotated (2011) and amendments thereto, by the Town of LaBarge for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipping,

111

use, occupancy, location and maintenance of buildings and structures, including permits and penalties, as set forth in Section 10.20.090.

B. Building permit applications shall be filled out by the contractor, authorized agent or owner of land and be submitted to the Planning and Zoning Commission or the LaBarge Building Inspector. Such permit becomes null and void if work or construction authorized is not commenced within forty-five (45) days from issuance of the permit.

C. The applicant for a building permit shall prepare a site plan, except where the building permit concerns interior or exterior changes with no alteration of the building’s dimensions. The site plan shall be drawn to scale and show all existing and proposed buildings, utility rights-of-way, fences, landscaping, automobile parking and loading areas, and any other information the Planning and Zoning Commission may deem necessary.

D. Application for a building permit should be submitted to the Planning and Zoning Commission or building inspector prior to the projected construction. Such building permits and applications shall be made available through the Town Clerk.

E. It shall be unlawful for any person to begin construction, site preparation or ground alteration without first obtaining an approved building permit from the LaBarge Planning and Zoning Commission, or the LaBarge Building Inspector.

CHAPTER 8.25 – ADVERTISING AND SIGNS

8.25.010 – LICENSE TO POST, DISTRIBUTE, ETC., ADVERTISING MATERIAL REQUIRED

No person shall construct or erect, permanent or temporary, advertising signs, tack cards, metal, wood, or plastic signs or signs of any other material, or post any posters or other advertising devices calculated to attract the attention of the public for commercial, promotional or political purposes, without first having obtained a license from the town therefore; provided, however, that this section shall not apply to advertising or posting by charitable, religious, educational or other governmental or non-profit organizations or clubs.

8.25.020 – SAME: APPLICATION; ISSUANCE; TERM

All applications for a license required by this chapter shall be accompanied with a license fee in such sum as the governing body shall set by resolution. The town clerk, upon receiving such application and the required fee, shall issue a license certificate as applied for, stating the name of the person to whom issued, the date of its expiration and the amount paid therefore. Such certificate shall not be issued for a longer period than one year and at the expiration thereof the same may be renewed for another term of one year upon the payment of the required license fee and may be renewed thereafter upon the payment of the required fee. Such license shall cover the erection of each billboard, signboard and other structures for advertising purposes erected or to be erected during the year for which such license was issued.

8.25.030 – SAME: FEE

112

The fee for licenses required by this chapter shall be such sum as the governing body shall set by resolution per year, payable annually to the town.

8.25.040 – THROWING, ETC., NEWSPAPERS, HANDBILLS, ETC., ON PRIVATE PROPERTY WITHOUT OWNER’S CONSENT

It shall be unlawful and a nuisance for any person to distribute, cast, throw or otherwise place any newspaper, magazine, handbill, pamphlet, circular, dodger or any other paper on any private residential property in the town, without the express consent of the owner or of an adult occupant thereof, or of a person authorized by such owner or occupant to give such consent.

8.25.050 – DESTROYING AUTHORIZED ADVERTISEMENT

No person shall mischievously, wantonly and maliciously tear down, deface or cover up any advertisement when the same tear down, deface or cover up any advertisement when the same is posted or put up in conformance with this code or other is posted or put up in conformance with this Code or other ordinances of the town or pursuant to the laws of the state.

8.25.060 – FALSE ADVERTISING

It shall be unlawful for any person with intent to sell, let, lease, rent or in any way offer or dispose of merchandise, products, securities, service, lodging or anything offered by such person, directly or indirectly, to the public for rent, lease, sale or distribution or to induce the intent to increase the consumption thereof or to induce the public in any manner to enter into any obligation relating thereto or to acquire title thereto or any interest therein, to make, publish, post, disseminate, display, circulate or place before the public, or cause, directly or indirectly to be made, published, posted, disseminated, displayed, circulated or placed before the public, or cause, directly or indirectly to be made, published, posted, disseminated, displayed, circulated or placed before the public, in a newspaper, or other publication or in form of a book, notice, handbill, poster, bill, circular, pamphlet, letter, sign or billboard or in any other way, in advertisement of any sort regarding such lodgings, meals, merchandise, products, securities, service or anything so offered to the public which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading.

8.25.070 – MAINTENANCE OF SIGNS

All signs or other advertising devices licensed under the terms of this chapter shall be well maintained and kept to good condition, order and repair by the licensee or his successor. Any sign or other advertising device not maintained in good condition, order and repair maybe removed by the town at the licensee’s expense.

8.25.080 – REMOVAL OF TEMPORARY POLITICAL OR PROMOTIONAL PLACARDS AND POSTERS

It shall be unlawful for any person, who has erected, placed or posted any temporary political or promotional placards or posters within the Town of LaBarge, to fail to remove the same within sixty days of the placement thereof.

113

CHAPTER 8.30 – SECONDHAND DEALERS, PAWNBROKERS, AND JUNK DEALERS

8.30.010 – PAWNBROKERS, DEFINED

For the purposes of this article, the term “pawnbroker” shall mean any person who advances or loans money or other valuable things on the deposit of personal property on the condition of selling the same back at a stipulated price.

8.30.020 – LICENSES REQUIRED

No person shall at any time carry on the business of a pawnbroker without obtaining a license, therefore.

8.30.030 – LICENSES: FEE, TRANSFER

The pawnbroker’s license fee shall be $25.00 per year, or such other amount as the town council may determine, from time to time, by resolution. Such licenses shall not be transferable.

8.30.040 – LICENSES: REVOCATION

In addition to any other penalty, which may be imposed for a violation of the provisions of this article, the town council may, by resolution, require that any person who shall violate or fail to comply with any provision of this article shall forfeit his license as a pawnbroker.

8.30.050 – LICENSES: SECONDHAND DEALER’S LICENSE NOT REQUIRED

Persons holding a pawnbroker’s license and also engaged in business as a secondhand dealer shall not be required to be licensed as a secondhand dealer in addition to his pawnbroker’s license.

8.30.060 – BOND

Any applicant for a license under this article shall execute to the town a bond in the penal sum of four thousand dollars ($4,000.00), conditioned that in the conduct of such business he will respect and obey the provisions of this Code and other ordinances of the town applicable thereto and will pay all damages that may accrue to any person by reason of any fraud or misconduct in managing such business.

8.30.070 – RECORDS REQUIRED; CONTENTS

Every pawnbroker shall keep at his place of business an accurate description of all personal property, bonds, notes and other securities received on deposit or purchases, the time when they were received or purchased and mentioning particularly any descriptive or identifying marks that may be on such property, bonds, notes or other securities, together with the name, residence, thumbprint and accurate description of the person by whom they were left and such other information as may be required by the town Marshall or chief of police. Such entries must be made on the day such property is taken in, using ink or indelible pencil, and no entry shall be

114

erased or obliterated. All such records shall be clean and legible and in such form as the town Marshall or chief of police shall prescribe.

8.30.080 – RECORDS: DELIVERY TO POLICE; RETENTION OF COPY

Before noon of each working day each pawnbroker shall deliver to the police department the original record required by section 17-7, which shall include all of the business done on the preceding day and from the time of the last report to the day such report is made. The copy of such report shall be kept by the pawnbroker for his permanent records.

8.30.090 – INSPECTION OF RECORDS, MERCHANDISE, ETC.

Every pawnbroker shall, upon request, during the ordinary business hours, submit and exhibit the records required by section 17-7, to the reasonable inspection of police officers and permit any of such officers to make a copy inspection of any of such officers any goods personal property, bonds, notes or other securities that may be so received by him.

8.30.100 – STOLEN OR ILLEGALLY OBTAINED PROPERTY

Any pawnbroker who shall have accepted, obtained or bought any property, bonds, notes or other securities or goods, either new or secondhand, from any person, not knowing the same to have been stolen or illegally obtained, shall deliver the same into the hands of the lawful owner when such owner shall have made a reasonably accurate and certain identification by means of number or description in the presence of the investigating officer.

8.30.110 – TRANSACTIONS WITH MINORS

It shall be unlawful for any pawnbroker to transact any such business with any person under the age of nineteen years.

8.30.120 – COMPLIANCE WITH WYOMING CONSUMER CREDIT CODE AND INTEREST LIMITATIONS

A. The Wyoming Consumer Credit Code, Sections 40-14-101, et. Seq., as the same may be amended from time to time is hereby incorporated by this reference and all transactions shall comply with said Code, a copy of which is on file in the office of the town clerk.

B. Interest rates or any transaction shall not exceed thirty-six per cent (36%) annual percentage rate (APR).

C. Violation of this chapter shall be a misdemeanor punishable by section 1-5.

8.30.130 – SECONDHAND DEALERS, DEFINED

Every person who buys, sells, exchanges or deals in personal property that has been previously used, broken or disfigured shall be considered a secondhand dealer; provided, that merchants who deal in new furniture, dishes or other regular household furnishings and accept such articles for credit on the purchase price of new or used articles sold contemporaneously which are of similar character to the goods so exchanged shall not be considered secondhand dealers for he purposes of this article.

115

8.30.140 - LICENSES

No person shall conduct any business as a secondhand dealer in the town without obtaining a license therefore, except holders of a pawnbroker’s license. The fee for such license shall be $35.00 per year or such other amount the town council shall determine, from time to time, by resolution.

8.30.150 – RECORDS, GENERALLY

Every dealer licensed under this article shall keep at his place of business an accurate detailed record of every article purchased by him, exclusive of household furnishings. Such record shall include the date of purchase, name of seller, amount paid and a description of the article. Such records shall be clean and legible, and a copy thereof delivered to the town Marshall or chief of police before noon of each business day.

8.30.160 – INSPECTION OF RECORDS, MERCHANDISE, ETC.

Every secondhand dealer shall, upon request, during ordinary business hours, submit and exhibit the records required by section 17-14 to the reasonable inspection of the town Marshall or chief of police or any regular police officer of the town and permit any of such officers to make a copy thereof. He shall also, upon request, exhibit for the inspection of such officers any personal property or merchandise, that may be so received by him.

8.30.170 – STOLEN OR ILLEGALLY OBTAINED PROPERTY

Any secondhand dealer who shall have accepted, obtained or purchased any new or secondhand personal property or merchandise from any person, not knowing the same to have been stolen or illegally obtained, shall deliver the same into the hands of the lawful owner when such owner shall have made a reasonably accurate and certain identification by means of number or description in the presence of the investigating officer.

8.30.180 – JUNK DEALERS: LICENSE REQUIRED

No person shall carry on or engage in the business of keeping a junk shop, or what is commonly called a junk shop, or carry on or engage in purchasing, selling, bartering, exchanging or other dealings in or the storage of rags, old rope, paper or bagging, old iron, brass, copper, tin, lead or other old metals, rubber, empty bottles or other junk without first obtaining a license therefore from the town.

8.30.190 – LICENSES: APPLICATION

The application for a junk dealer’s license shall be in writing, shall be signed by the applicant and shall contain a description of the premises where the business to be licenses is located.

8.30.200 – LICENSES: FEE

The fee for licenses required by this article shall be $35.00 per year or such other amount as the town council may determine, from to time, by resolution.

116

8.30.210 – RIGHT OF ENTRY OF POLICE AND CITY OFFICERS

The place of business, storehouse or yards and the articles, things, goods, wares or merchandise therein, of any person engaged in a business mentioned in section 17-17 shall, at all reasonable hours, be open to inspection by the police officers or other authorized and agents of the town.

8.30.220 – ARTICLES TO BE KEPT TEN DAYS AFTER PURCHASE

No owner, proprietor or keeper of a junk shop and no person dealing in junk shall expose for sale or sell any article within ten days of the time the same shall have been purchased or until the same shall have been upon the premises where the same are offered or exposed for sale or sold for a period of at least ten days.

8.30.230 – REGISTER

Every owner, proprietor or keeper of a junk shop and every person dealing in junk shall provide and keep a book in which shall be written the date and time of every purchase, a description of the article purchased and the name and residence of the person from whom the article was purchased; except, that this section shall not apply to the purchasing of rags, paper or bagging or empty bottles.

TITLE 9

UTILITIES

CHAPTER AND SECTIONS:

9.05 NATURAL GAS 120

9.05.010 Adoption of Uniform Plumbing Code

9.05.020 Inspector and Inspections

9.05.030 Plumbing Permit Inspection Fees

9.05.040 Penalties for Violation

9.10 UTILITY COMPANY, FEES, AND UTILITY FRANCHISES 120

9.10.010 Utility Company and Franchise Fees

9.10.020 Electric Power and Light Company

9.10.030 Public Utility Gas Company

9.10.040 Community Television Systems

9.10.050 Telephone Franchise

9.15 SEWER AND SEWAGE DISPOSAL 132

9.15.010 Definitions

9.15.020 Adoption of Additional Regulations

9.15.030 Powers and Duties of Administrative Official

9.15.040 Permit Required for Alteration of Service Lines

9.15.050 Separate Service Line Required for Each Property; Plumbing Fixtures to be Connected by Property Owner Upon Notice

9.15.060 Sand and Grease Traps Required for Establishments Having Wash or Grease Racks

9.15.070 Depositing Injurious Material into System

Sewer Connections:

9.15.080 Required for Occupied Land Within Three Hundred Feet of Public Sewer; Exceptions

9.15.090 Connections to be Made Before Paving Adjacent Streets

9.15.100 Permit: Required

9.15.110 Application

9.15.120 Permit: Contents, Fees

9.15.130 Permit: Types Issued

9.15.140 Plumbing to be Inspected Before Connections are Made

9.15.145 Capping of Sewer Access Points Required

Installation and Repair of Sewer System:

9.15.150 Service Lines: Dimensions and Material Requirements

9.15.160 Service Lines: Backfilling of Trenches

9.15.170 Service Lines: Maintenance of Inside.

9.15.180 Service Lines: Property Owner Responsible for Cost of Installing, Repairing, etc.

9.15.190 Service Lines: Method and Specifications for Making Connections to Sewer Mains

9.15.200 Extent of Town’s Participation in Bearing Cost of Larger Mains

118

9.15.210 Sub-divider to Install Mains After Approval of Plans and Inspection; Exception

9.15.220 Sub-divider to Pay Costs of Construction of Mains, etc.; Mains to be Extended to Farthest Points of Upgrade

9.15.230 Construction of Service in Subdivisions: Undeveloped Areas

9.15.240 Extension of Sewer to Serve Property Within Town Not Part of a Subdivision

9.15.250 Non-gravity Lines: Pumping Stations, Generally

9.15.260 Non-gravity Lines: Force Mains Serving Areas Not Otherwise Able to Enter Sewer Utility

9.15.270 Non-gravity Lines: Tie into Gravity Lines

9.15.280 Extension of service Outside Town: Authority of Town Council

9.15.290 Extension of Service Outside Town: Findings Prerequisite to Agreement

Service Charges:

9.15.300 Establishment; Billing Procedures

9.15.310 Service Outside Town Limits

9.15.320 Metering of Water from Private Sources

9.15.330 Charges to be Included on Water Bill

9.15.340 Place of Payment; Due Date of Bills

9.15.350 Liability of Property Owner of Service

9.20 RULES AND REGULATIONS FOR THE OPERATION OF THE WATER UTILITY 139

9.20.010 Definitions

9.20.020 Reservation of Rights by the Town

9.20.030 Promulgation of Rules and Regulation by the Town Council

9.20.040 Agreement to Rules and Regulations Prerequisite to Commencement of Service

9.20.050 Water Employee; Appointment; Duties; Records and Reports

9.20.060 Damaging Utility’s Property, Equipment, etc.

9.20.070 Trespass or Interference with Utility’s Property, etc.

9.20.080 Depositing Material in Utility Which Will Obstruct, Pollute, etc., Water

9.20.090 Emergencies

9.20.100 Prohibited Uses of Water for Water Utility

9.20.110 Private Water Wells

9.20.120 Discontinuance of Service: Failure to Pay Charges

Connections:

9.20.130 Only Town Employees Authorized to Turn on Water to Premises; Exceptions

9.20.140 Unauthorized Taps, Compliance with Permit; Costs

9.20.150 Permit Required

9.20.160 Permit: Types Issued

9.20.170 Permit : Application

9.20.180 Permit: Issuance; Contents

9.20.190 Connection Fee

9.20.200 All Plumbing to be Inspected and Approved

Service Lines:

9.20.210 Installation: Written Permission Prerequisite; to be by Licensed Plumber; Inspection

9.20.220 Installation: Costs Generally

119

9.20.230 Material Specifications

9.20.240 Minimum Size

9.20.250 Required Depth

9.20.260 Replacement Where Materials Unsuitable

9.20.270 Approval of Replacement Services

9.20.280 Extension to More than One Property

9.20.290 Maintenance

9.20.300 Disconnecting Service from Premises

Mains, Generally:

9.20.310 Shutting Water off From Street Mains to Make Connection, Extension, etc.

9.20.320 Minimum Size

Charges:

9.20.330 Advance Payment of Minimum Charge for One Billing Period Required

9.20.340 Rates Within Corporate Limits

9.20.350 Bills, Notices, etc., Effective Upon Mailing

9.20.360 Where Payable; Due Date

9.20.370 Liability of Property Owner for Service

9.20.380 Disconnection or Reconnection to Premises

Installations and Extension for Construction of Water System:

9.20.390 Construction of Water Mains in Subdivisions, Main Extension Contract Required

9.20.400 Sub-divider to Install Mains After Approval of Plans and Inspection; Exception

9.20.410 Sub-divider to Pay Costs of Construction of Mains, etc., Mains to be extended to farthest Points of Upgrade

9.20.420 Construction of Services in Subdivision, Undeveloped Areas

9.20.430 Extension of Main to Serve Property Within Town not Part of a Subdivision

9.20.440 Extension of Service outside Town, Authority of Town Council

9.20.450 Extension of Service outside Town, Findings Prerequisite to

9.30 REDUCED RATE UTILITES 148

9.30.010 Definitions

9.30.020 Rate Reduction Committee

9.30.030 Town Council Review

9.30.040 Appeal

9.30.050 Renewal

120

CHAPTER 9.05 – NATURAL GAS

9.05.010 – ADOPTION OF UNIFORM PLUMBING CODE

There is hereby adopted by reference, under authority of Section 15-1-103, Wyoming Statutes (1997) and amendments thereto, by the Town of LaBarge, for the purpose of establishing rules and regulations on the installation, alteration and maintenance of all interior natural gas plumbing, including permits and penalties, that certain plumbing code known as the Uniform Plumbing Code recommended by the International Conference of Building Officials, being particularly the 1997 edition thereof and the whole thereof, as the same from time to time may be amended, save and except such portions as are hereinafter deleted, modified or amended, a copy of which has been and is now on file in the office of the Town Clerk, and same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this section shall take effect, the provisions thereof and all subsequent amendments thereto shall be controlling the interior installation of natural gas plumbing therein contained within the corporate limits of the Town of LaBarge.

9.05.020 – INSPECTOR AND INSPECTIONS

Under this chapter the Town Building Inspector, or other persons or person designated by the Mayor and Town Council shall be the inspector and shall have supervision of all inspections and the application and enforcement of the rules and regulations as may be necessary to carry out the application and enforcement thereof, in accordance with its intent and purpose.

9.05.030 – PLUMBING PERMIT INSPECTION FEES

For issuing each permit $3.00

For each water heater and/or vent $2.00

For each natural gas appliance $2.00

9.05.040 – PENALTIES FOR VIOLATION

A. Any person found violating any provision of this chapter shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

B. Any person, who shall continue any violation beyond the time limit provided for above, shall be guilty of a misdemeanor.

CHAPTER 9.10 – UTILITY COMPANY FEES AND UTILITY FRANCHISES

9.10.010 – UTILITY COMPANY FRANCHISE TAX

A. The Grantee of any franchise, including natural gas, telephone service, electrical service, or cable television, in the Town of LaBarge, or any other person, partnership, venture, corporation, or association which provides utility service in the Town of LaBarge other than those either owned,

121

operated or run by the Town of LaBarge, hereinafter collectively referred to as grantee, shall pay a tax equal to one percent (1%) of the gross revenue derived from customers within the corporate limits of the Town of LaBarge during each calendar year.

B. “Gross Revenue” as used herein shall be construed to mean any revenue of the grantee derived from the sale and use of natural gas, telephone service, electrical service, cable television or other service of a utility within the Town of LaBarge, after adjustment for write-off of the un-collectible accounts and corrections of bills theretofore rendered.

C. Within 45 days after the close of each quarter in each calendar year, the grantee shall file with the Town Clerk a report of the gross revenues for the quarter. The report shall contain a statement of gross revenues and any deductions made because of adjustments or corrections, together with a computation of the tax to be paid. Coincidentally with the filing of the report, the grantee shall pay to the Town Clerk the amount of the tax thus computed. Within 30 days after the filing of the report, or within such reasonable additional time as he may request, the Town Clerk shall examine the report, determine the accuracy of the amount reported, and, if he/she finds any errors, report them to the grantee for correction. If the tax as paid is found deficient, the grantee shall promptly remit the difference, and if the tax as paid is found excessive, the Town shall promptly refund the difference. The records of the grantee pertaining to such report shall be open for inspection by the Town Council or its representative at all reasonable hours for the purpose of verifying the report.

D. The tax as provided herein, shall be in lieu of all other license taxes, occupational taxes and franchise taxes. However, the tax shall not be deemed to preclude the assessment of general property taxes or special assessments for local improvements.

9.10.020 – ELECTRIC POWER AND LIGHT COMPANIES

A. There is hereby granted to Pacific Power Corporation of Wyoming, its successors and assigns, (hereinafter called the “Grantee”), the right and authority, for a term of twenty five (25) years, to construct, maintain and operate in the present and future streets, alleys, and public places in the Town of LaBarge, Wyoming, electric light and power lines, together with all the necessary or desirable appurtenances (including underground conduits, poles, towers, wires, transmission lines, and telegraph and telephone lines, for its own use), for the purpose of supplying electricity to said Town, the inhabitants thereof, and persons and corporations beyond the limits thereof for light, heat, power, and other purposes.

B. Poles and towers shall be so erected as to interfere as little as possible with traffic over said streets and alleys. All lines shall be constructed in accordance with established practices with respect to electrical construction in accordance with established practices with respect to electrical construction. When said Grantee shall make any excavations, dig any ditch, trench or hole, or in any manner interfere with any street, alley, sidewalk, cross walk or pavement, such street, alley, cross walk or pavement shall be restored to good order and conditions as soon as possible, under the then circumstances, by Grantee, its successors and assigns.

C. The Town shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by the Grantee of its lines and appurtenances hereunder, and the acceptance of this franchise shall be deemed an agreement on the part of said Grantee, its successors and assigns, to indemnify said Town and hold it harmless against any and all liability, loss, cost, damage or expense which may accrue to said Town by reasons of

122

neglect, default or misconduct of the Grantee in the construction, operation or maintenance of its lines and appurtenances hereunder.

D. In consideration for the rights and privileges granted herein, the Grantee, its successors and assigns, shall throughout the term thereof pay to the Town of LaBarge, each third month, one per cent (1%) of the gross receipts received as monthly service charge, less those charges deemed un-collectible, from users within the corporate limits of the Town of LaBarge, Wyoming. This provision shall not apply to any amount received in aid of construction.

E. The Grantee shall file its written acceptance of this franchise with the Clerk of the Town Council of the Town within thirty (30) days after its passage. Any rights and privileges herein granted shall be null and void unless such acceptance is so filed.

9.10.030 – PUBLIC UTILITY GAS COMPANIES

A. There is hereby granted to Questar Gas Company, a Utah corporation (“Grantee”), the right and authority, during the term of the franchise granted by this Ordinance, to construct, maintain, and operate a distribution system for furnishing natural and manufactured gas to all consumers, public and private, within the Town of LaBarge. For such purpose, Grantee has the right to erect or construct, equip, and maintain along, over, or under present or future streets, alleys, and other public places a system of underground mains and other apparatus and facilities as are reasonably necessary for supplying gas service in accordance with this franchise.

1. Terms. The franchise is granted for term of 25 years commencing with the date on which it is accepted. Thereafter the franchise will continue in effect, in the absence of an express objection by either of the parties, in accordance with the terms of this Ordinance until new or modified terms and conditions may be negotiated and adopted as mutually acceptable to Grantor and Grantee.

2. Grantee will file a written acceptance of the franchise with the Grantor within 90 days after the date of this Ordinance, declaring its acceptance of the franchise and its intention to be bound by the terms and conditions of the franchise.

B. Conditions: Construction and Maintenance of Facilities.

All mains, pipes, laterals, and related apparatus and facilities shall be laid so as to interfere as little as reasonably possible with traffic over the streets and alleys, Grantee shall comply with all reasonable and valid ordinances and regulations that are or may be prescribed by Grantor with respect to the construction and maintenance of all facilities as long as such ordinances or regulations do not conflict with or prejudice the rights of Grantee as provided by applicable statutory or constitutional law, this Ordinance, or the tariffs approved by the regulatory body having jurisdiction over Grantee (“Commission’).

C. Conditions: Terms of Service.

Grantee shall furnish gas services without preference or discrimination among customers of the same service class at reasonable rates, in accordance with all applicable tariffs of Grantee approved by and on file with Commission, including revisions made during the term of this Ordinance, and in conformity with applicable constitutional and statutory requirements. Grantee may make and enforce reasonable rules and regulations in the conduct of its business and may require applicants for gas service to execute a gas service agreement as a condition for receiving service. Grantee shall have the right to contract with each customer regarding the installation of

123

main and service pipelines and the control of the main and service pipes from their connection with the supply lines of the Grantee in the streets to and including the meter located on the customer’s premises. To secure safe and reliable service to the customer, and in the public interest, Grantee shall have the right to prescribe the sizes and kinds of pipes and related facilities to be used by the customer in conveying gas on his premises and shall have the right to refuse service to any customer who neglects or refuses to comply with the rules of the Grantee prescribing such conditions.

D. Conditions: Indemnification.

In the event of injury to any person or damage to any property by reason of the negligence of Grantee in the construction, operation, or maintenance of Grantee’s gas distribution system, Grantee shall indemnify Grantor and hold it harmless from liability.

E. Consideration.

In consideration of the franchise granted herein, Grantee shall pay to Grantor the sum of $50.00 with ninety (90) days after the date of this Ordinance and shall prove natural gas services within the Town in accordance with the terms of this franchise. The Grantee shall throughout the term thereof pay to the Town of LaBarge, each third month, one percent (1%) of the gross receipts received as monthly service charge, less those changes deemed un-collectible, from users within the corporate limits of the Town of LaBarge, Wyoming.

F. Assignment of Franchise.

Grantee and its successors or assigns shall have the rights to assign this franchise with all the rights provided in it. Upon written notice to Grantor of such assignments, Grantee’s successors or assigns, whether individuals or corporations, shall be entitled to all the rights and privileges granted and shall assume all the obligations and duties provided in this franchise.

9.10.040 – COMMUNITY TELEVISION SYSTEMS

A. This is hereby granted to Mallard Cable, LLC, a Delaware limited liability company, its successors and assigns, to build, construct, operate and maintain a cable television system in the Town of LaBarge, Wyoming and setting forth conditions accompanying the granting of this franchise; making certain acts unlawful and providing penalties, therefore.

B. Definitions.

For the purpose of this Ordinance, and when not inconsistent with the context, words used herein in the present tense include the future; works in the plural include the singular, and vice versa; the word “shall” is always mandatory. The captions supplied herein for each section are for convenience only. Said captions have no force of law, are not part of the section, and are not to be used in construing the language of the section. The following terms and phrases, as used herein, shall be given the meaning set forth below:

Town: The Town of LaBarge, a municipal corporation, under the laws of the State of Wyoming.

Grantee: Mallard Cablevision, a Delaware Limited Liability Company, duly authorized to do business in the State of Wyoming, and it is the grantee of rights under this franchise.

Town Council: The Town Council of the Town of LaBarge, or its designated representative.

124

Federal Communications Commission: or “FCC,” is the present Federal agency of that name as constituting by the Communications Act of 1934, or any successor agency created by the United States Congress.

Person: any individual, firm, partnership, association, corporation, company or organization of any kind.

Gross Revenues: shall include all receipts derived by Grantee from regular subscriber monthly service charges in connection with the carriage of broadcast signals and Federal Communications Commission mandated non-broadcast services within the Town, and the net receipts from “ancillary” or “auxiliary” services, which include, but are not limited to, advertising, leased channels, and programming supplied on a per program or per channel basis, if any; but shall not include any refunds or credits made to subscribers or any taxes (not including real or personal property taxes) imposed upon the services furnished by Grantee. Nor shall it include revenue from installations, disconnections, and re-installation charges.

Regular Subscriber Services: shall include the carriage of broadcast signals and FCC mandated non-broadcast services, but shall not include “ancillary” or “auxiliary” services, which include, but are not limited to, advertising, leased channels, and programming supplied on a per program or per channel charge basis, if any.

Net Revenue from Ancillary or Auxiliary Service: shall include the gross receipts from such services, less the costs of rent, royalties or other similar charges incurred in providing such services.

C. Grant of Authority.

There is hereby granted by the Town to Grantee the right and privilege to improve, operate and maintain in, upon, along, across, above, over or under the streets, alleys, public utility easements, public ways and public places now laid out or dedicated and all extensions thereof and additions thereto in the Town, all poles, wires, cables, underground conduits, manholes and other conductors and fixtures necessary for the maintenance and operation in the Town of a cable television system for the transmission of television signals and all other signals permitted by the FCC, either separately or upon or in conjunction with any public utility maintaining the same in the Town, with all of the necessary and desirable appliances and appurtenances pertaining thereto. Without limiting the generality of the foregoing, this franchise and grant shall and does hereby include the right in, over, under and upon the streets, sidewalks, alleys, public utility easements and public grounds and places in the Town to install, erect, operate or in any way acquire the use of, as by leasing or licensing, all lines and equipment necessary to a cable television system and the right to make connections to subscribers and the right to repair, replace, enlarge and extend said lines, equipment and connections. The rights herein granted for the purposes herein set forth shall not be exclusive, and the Town reserves the right to grant a similar use of said streets, alleys, public utility easements, public ways and places to any person at any time during the period of this franchise; to require the granting of additional CATV franchises if, in the opinion of the Town Council, it is in the public interest to restrict such franchises to one or more.

D. Police Power.

125

Grantee shall at all times during the term of this franchise be subject to all lawful exercise of the police power of the Town. The right is hereby reserved to the Town to adopt, in addition to the provisions herein contained and any other existing applicable ordinances, such additional applicable ordinances as it shall find necessary in the exercise of its police power; provided, however, that such additional ordinances shall be reasonable, shall not conflict with or alter in any manner the rights granted herein, and shall not conflict with the laws of the State of Wyoming, the laws of the United States of America, or the rules, regulations, and policies of the FCC.

E. Indemnification.

Grantee shall save the Town harmless from all loss sustained by the Town on account of any suit, judgment, execution, claim of demand whatsoever against the Town resulting from negligence on the part of the Grantee in the improving, operation or maintenance of its cable television system in the Town; and for this purpose Grantee shall carry property damage and personal injury insurance with some responsible company or companies qualified to do business in the State of Wyoming. The amounts of such insurance to be carried for liability due to property damage shall be $1000,000.00 as to any one occurrence; and against liability due to injury to or death of person, $500,000.00 as to any one person and $1,000,000.00 as to any one occurrence. The Town shall be named as an additional insured on all liability policies. The Town shall notify Grantee, in writing, within fifteen (15) days after the presentation of any claims or demand, either by suit or otherwise, made against the Town on account of any negligence as aforesaid on the part of the Grantee. Where any such claim or demand against the Town is made by suit or other legal action, written notice thereof shall be given by the Town to Grantee, not less than ten (10) days prior to the date upon which an answer to such demand is made upon the Town, whichever notice period yields Grantee the larger amount of time within to prepare an answer.

F. Construction and Maintenance.

1. All structures, line and equipment erected by Grantee within the Town shall be so located as to cause minimum interference with the proper use of streets, alleys, public utility easements and other public ways and places and to cause minimum interference with the rights or reasonable convenience of property owners, and Grantee shall comply with all reasonable, proper and lawful ordinances of the Town now or hereafter in force. Existing poles, posts, conduits, and other such structures of any electric power system, telephone company, or other public utility located in the Town shall be made available to Grantee for leasing or licensing upon reasonable terms and rates and shall be used to the extent practicable in order to minimize interference with travel and to avoid unnecessary duplications of facilities. The Town shall actively assist Grantee to the fullest extent necessary in obtaining reasonable joint pole or conduit use agreements form the owners of existing poles or conduits. To the extent that existing poles, posts, conduits, and other such structures are not available, or are not available under reasonable limitations upon the use of Grantee’s cable television system, Grantee shall have the right to purchase, lease, or in any other manner acquire land, right-of-way, or public utility easements upon or under which to erect and maintain its own poles, conduits, and other such structures as may be necessary for the improving and maintenance of its cable television system.

2. All service lines shall be underground in those areas of the municipality where either public utilities providing telephone or electric service are underground at the time of installation. In areas where telephone and electric utility facilities are above ground at the time of installation, the Grantee may install its

126

services above ground. If, subsequently, the electric utility facilities or others go underground, then in that event and to that extent the affected facilities of the Grantee also shall go underground simultaneously.

a. In case of any disturbance by Grantee of pavement, sidewalk, driveway, or other surfacing, Grantee shall, at its own cost and expense and in a manner approved by the Town, replace and restore all paving, sidewalk, driveway or surface so disturbed in as good condition as before said work was commenced.

b. The Grantee shall deliver to the Grantor a bond, letter of credit, or cash in the amount of $2,000.00 guaranteeing performance of the work described in subparagraph (B) (1) above. When all work has been completed to the satisfaction of the Town, the bond or letter of credit or cash shall be released.

3. In the event that at any time during the period of this franchise the Town shall lawfully elect to alter or change any street, alley, public utility easement, or other public way requiring the relocation of Grantee’s facilities, then in such event, Grantee, upon reasonable notice by the Town, shall remove, relay and relocate the same at its own expense; provided, however, that where public funds are available for such relocation pursuant to law, Grantee shall not be required to pay the cost.

4. Grantee shall, on the request of any person holding a building-moving permit issued by the Town, temporarily raise or lower its lines to permit the moving of the building. The expense of such temporary removal shall be paid by the person requesting the same, and Grantee shall have the authority to require such payment in advance.

5. Grantee shall have the authority to trim trees upon and overhanging all streets, alleys, public utility easements, sidewalks and public places of the Town so as to prevent the branches of such trees from coming into contact with Grantee’s facilities.

6. All poles, lines, structures and other facilities of Grantee in, on, over, and under the streets, sidewalks, alleys, public utility easements and public grounds or places of the Town shall be kept by Grantee at all times in a safe and substantial condition.

7. Grantee shall incorporate into its cable communication system a capability which will permit the Town in times of emergency to override the audio portions of at least one channel. Grantee shall designate a channel, which will be used for emergency broadcasts.

8. Grantee shall furnish connections to the nearest property line of all public schools within the limits of the Town, to the Town library, and, upon request, to the Town Hall, and shall provide regular subscription service without any monthly service charge to the schools or Town; provided, however, that all wiring within any buildings contemplated within this section shall be done by the municipality or school district which owns the building.

127

9. All construction shall be in compliance with the LaBarge Building and Electrical Codes.

G. Commencement of Construction.

The Grantee shall commence construction within sex (6) months from the effective date of this ordinance and shall complete construction within twelve (12) months from the date construction is commenced. However, the Grantee will not be held liable for the completion as hereinabove set forth when delayed by any action of the Grantor, or when it is prevented from doing so by circumstances beyond its control such as unavailability of materials, acts of nature, or civil strife.

H. FCC Rules Applicable.

This franchise is governed by and subject to all applicable rules, regulations and policies of the Federal Communication Commission, specifically including Part 76, and by the laws of the State of Wyoming. Should there by any modifications of the provisions of Part 76 of the Rules and Regulations of the Federal Communications Commission that are inconsistent with this franchise, the Town and Grantee agree that this franchise shall be appropriately amended within one (1) year after the effective date of the FCC’s adoption of the modification or upon renewal of this franchise, whichever occurs first.

I. Franchise Term.

This franchise shall take effect and be in full force from and after acceptance of Grantee as provided in Section 16, and the same shall continue in full force and effect for a term of 20 years; provided, however, that should FCC authorization be necessary in connection with implementation or continuation of the cable television service contemplated by this franchise, then the term shall begin upon the effective date of such FCC authorization.

J. Renewal Procedure.

At or before the expiration of the term of the grant, the Grantee may be considered by the Town for renewal of the grant for an extended term of 10 years. In determining at its option whether to grant the Grantee’s application for an extended term, due consideration shall be given to Grantee’s performance during the initial basic term, with such consideration pertaining to, but not being limited to; the extent to which the state of the cable TV art shall have been improved, progressed, or otherwise changed, and whether and to what extent Grantee proposes to provide services to subscribers in conformity therewith; and whether and to what extent Grantee shall have performed in accordance with the requirements recited elsewhere herein pertaining to receipt of inquiries, requests, and complaints.

K. Local Office and Complaint Procedure.

The Grantee shall maintain a local business office or agent within the LaBarge/Kemmerer, Wyoming area, for receiving, via non-toll telephone calls, inquiries or complaints regarding quality of service, equipment, malfunctions, billing disputes and similar matters. Inquiries or complaints shall be received during normal business hours, Monday through Friday and excepting holidays proclaimed by national, state or local governmental authority. Complaints for other than regular working hours may be made to a separate telephone maintained for the purpose, which shall be listed in the telephone directory, or the same telephone number may be used, at the option of the Grantee. All complaints and inquiries will be investigated and responded to or acted upon as promptly as practical, and unless prevented by circumstances beyond grantee’s control, within three (3) business days after receipt of the same. The company shall maintain a maintenance service log indicating the date and time complaints are received and resolved, and the nature of the complaint and resolution. This record shall be made available for reasonable inspection by the Grantor.

128

L. Forfeiture.

In addition to all other rights and powers pertaining to the Town by virtue of this authority or otherwise, the Town reserves the right to terminate and cancel this authority and all rights and privileges of the Grantee hereunder in the event that the Grantee:

1. Violates any provision of this authority or any rule, order, or determination of the Town Council made pursuant to this authority, except where such violation, other than of provisions concerning transfer of authority without prior Town approval, is without fault or through excusable neglect;

2. Become insolvent, unable, or unwilling to pay its debts, or is adjudged bankrupt;

3. Attempts to dispose of any of the facilities or property of its CATV system in violation of this term of this authority;

4. Attempts to evade any of the provisions of this authority or practices any fraud or deceit upon the Town;

5. Fails to begin or complete construction, and/or fails to provide services as otherwise required hereby;

6. Fails to restore system-wide service following 72 consecutive hours of interrupted service, except where prior approval of such interruption shall have been obtained from the Town, or in the event that any such action is caused by acts of God, national emergency, war, strikes, or other actions beyond the control of the Grantee.

7. Any termination proceedings initiated by the Town shall occur only after thirty (30) days written notice to Grantee. The Grantee shall have an opportunity to respond to such a claim at a public hearing held in this matter. Grantee shall be a necessary party to all public hearings regarding operations or termination of said franchises.

8. Providing that the Town Council may, in its discretion and upon a finding of violation or failure to comply, impose a lesser penalty than forfeiture of this franchise or excuse the violation or failure to comply upon a showing by Grantee of mitigating circumstances.

9. In the event that forfeiture is imposed upon Grantee, it shall be afforded a period of six (6) months within which to sell, transfer, or convey this cable television system to a qualified purchaser at fair market value. During this six (6) month period, which shall run from the effective date of the final order or decision imposing forfeiture, including any appeal. Grantee shall have the right to operate this cable television system pursuant to the provisions of this franchise.

10. At the expiration of such six (6) month period the Town shall have the right, if a sale and transfer has not been completed, to require the Grantee to remove at its own expense all portions of the CATV system from all public ways within the Town.

129

M. Surrender Right.

Grantee may surrender this franchise at any time upon filing with the Town Clerk of the Town a written notice of its intention to do so at least three (3) months before the surrender date. On the surrender date specified in the notice, all of the rights and privileges and all of the obligations, duties and liabilities of Grantee in connection with this franchise shall terminate.

N. Transfer.

All of the rights and privileges and all of the obligations, duties and liabilities created by this franchise shall pass to and be binding upon the successors of the Town and the successors and assigns of Grantee; and the same shall not be assigned or transferred without the written approval of the Town Council, which approval shall not be unreasonably withheld; provided, however, that this section shall not prevent the assignment or hypothecation of the franchise by Grantee as security for debt without such approval; and provided further, that transfers or assignments of this franchise between any parent or subsidiary corporation or between entities which at least fifty percent (50%) of the beneficial ownership is held by the same person, persons, or entities shall be permitted without prior approval of the Town Council.

O. Franchise Fee.

In consideration of the terms of this franchise, Grantee agrees to pay the Town a sum of money equal to one percent (1%) of Grantee’s gross revenues within the corporate limits of the Town of LaBarge, payable quarterly, throughout the term hereof

P. Receiver Sales Prohibited.

As a condition of this franchise, Grantee agrees that it shall not engage in the business of sales or repair of television receivers owned by its subscribers; nor shall it be responsible for the operating conditions of said receivers; provided, however, that this paragraph shall not apply to converters, decoders, home interactive terminals and other such devices as may be used in furnishing any programming or service via Grantee’s cable television system.

Q. Acceptance.

This Ordinance shall become effective when accepted by Grantee and shall then be and become a valid and binding contract between the Town and Grantee; provided, however, that this Ordinance shall be void unless Grantee shall, within ninety (90) days after final passage of this Ordinance, file with the Town Clerk of the Town a written acceptance of this Ordinance and the franchise herein granted, agreeing that it will refrain from doing all of the things prohibited by this Ordinance.

R. Unlawful Acts.

1. It shall be unlawful for any person to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of Grantee’s cable television system for the purpose of enabling himself or others to receive any television signals, radio signals, pictures, programs, sounds, or any other information or intelligence transmitted over Grantee’s cable system without payment to Grantee or its lessee.

2. It shall be unlawful for any person, without the consent of the owners, to willfully tamper with, remove, or injure any cable, wires, or other equipment used for the distribution of television signals, radio signals, pictures, programs, sounds, or any other information or intelligence transmitted over Grantee’s cable system.

130

3. It shall be a misdemeanor punishable by a fine of not more than Seven Hundred Fifty Dollars ($750.00), or by imprisonment for a term not to exceed ninety (90) days, or both, for any person to violate any of the provisions of this section.

S. Severability.

If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any Federal or State court of administrative or governmental agency of competent jurisdiction, specifically including the Federal Communications Commission, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

T. Amendments.

It shall be the policy of the Grantor to liberally amend this franchise, upon application of the Grantee, only when necessary to enable the Grantee to take advantage of any developments in the field of transmission of television and radio signals or other electronic impulses for communications which will afford it an opportunity to more effectively, efficiently or economically serve it subscribers. However, this shall not in any way be construed to require the Grantor to make any such amendments.

9.10.050 – TELEPHONE FRANCHISE

A. There is hereby granted to Union Telephone Company, Inc., herein called “Union” or “Company”, a corporation created and existing under and by virtue of the laws of the State of Wyoming, upon the terms and subject to the conditions of this Ordinance, to construct, erect, renew, repair, maintain and operate in, upon, along, across, under and over the streets, alleys, and other public ways of the Town of LaBarge for a period of ten (10) years from and after its acceptance by Union (and thereafter until terminated by at least six (6) months written notice either by the Town of LaBarge to the Company or by the Company to the Town), Union’s lines, poles, anchors, wires, cables, conduit, vaults, laterals, and other fixtures and equipment, and to use said property for the transmission of sound and signals, or other means of communication by means of electricity (including telephone, television, computer, facsimile transmission and voice mail).

1. In the event at least six (6) months written notice shall be given by the Town of LaBarge to the Company, or by the Company to the Town of LaBarge of its desire to terminate the permission and authority granted by this Ordinance, the permission an authority granted by this Ordinance shall thereupon expire in accordance with such notice. Whereupon, this Ordinance shall be null and void and of no effect whatsoever and all rights and privileges granted by this Ordinance shall be at an end.

B. The Location of said lines, poles, anchors, wires, cable, conduit, vaults, laterals and other fixtures and equipment, and the construction thereof, or any change or extension (or the removal thereof), in case said removal shall necessitate the substantial disturbance of any street, alley, or other public way shall be subject to the approval of the Governing Body of the Town of LaBarge.

1. The Company shall place on file with the Town Clerk plans showing the location and character of each pole and each conduit to be erected or laid, and the number of ducts in each conduit and the location of manholes or other openings to gain access to said conduit; and no pole, conduit, vault or anchor shall be erected, constructed, or laid upon or any street, alley or other public

131

way or any such tunnel, manner and place of laying, constructing or erecting the said conduit, pole, valet or anchor.

2. The Company agrees that in all cases (except as hereinafter expressly otherwise provided) where the Town shall change the grade or width of any street, alley, or other public way, the Company will, promptly and at its own expense, unless otherwise by Ordinance provided, change or move its structures so as to conform thereto, and all sidewalks, parkways or pavements disturbed by the Company shall be restored by it to a good condition, and in the event that any such sidewalk, parkway or pavement shall become uneven, unsettled, or otherwise require repairing because of such disturbance by the Company, then the company shall promptly, upon receipt of notice from the Town so to do, cause said sidewalk, parkway or pavement to be repaired or restored to a good condition.

C. The permission and authority herein granted are upon the express condition that the Company, as consideration therefore, and as compensation for the use herein granted of town streets, alleys and other public ways, shall pay into the Town Treasury (in addition to all other compensation provided for in this Ordinance) the sum of Two Hundred Fifty Dollars ($250.00) upon Union’s acceptance of this Ordinance, and Two Hundred Fifty Dollars ($250.00) on or before the anniversary of the initial payment in each succeeding year, which the parties mutually acknowledge to be in good and sufficient consideration.

1. The Company shall, within thirty (30) days after demand, pay to the Town of LaBarge, Wyoming, the cost of publishing this Ordinance.

D. This franchise is contingent for its existence and continuance upon a certificate of authority from the Public Service Commission of the State of Wyoming.

E. The Company shall at its own expense, indemnify and save harmless the Town from any and all damages, judgment, cost, and expenses of every kind, which may arise or result by reason of or in consequence of the acts or neglect of the Company, its agent or servants.

F. In the event that the Company shall default in the observance or performance of any one or more of the agreements duties or obligations imposed upon it by any of the provisions and conditions of this Ordinance, and if any such default or defaults shall continue for a period of six (6) months (exclusive of all times during which the Company may be delayed or interfered with, without its connivance, by unavoidable accidents, acts of God, labor strikes, or the orders or judgment of any commission or court entered in any suit or proceeding brought without is connivance) after written notice thereof to the Company from the Town, stating the alleged default on the part of the Company, then and in each and every such case, the Town, in entitled to terminate the grant made to the Company in and by this Ordinance, and all rights and privileges of the Company under this Ordinance shall thereupon be at an end.

1. If any section, sentence, clause or phrase of this Ordinance is for any reason declared to be illegal, invalid, unconstitutional or void, all other sections thereof not so held shall be and remain in full force and effect.

G. This Ordinance shall be in full force and effect from and after its passage and approval, upon Union filing with the Clerk of the Town within thirty (30) days after the passage and approval of this Ordinance, Union’s written and unconditional acceptance thereof, provided that all the rights and privileges granted to the Company hereunder may pass to its legal successor or successors organized under the law of the state acquiring of any corporation organized under the

132

laws of the state acquiring the plan and property of the Company, or that part thereof located in the Town, subject to all there terms and conditions of this Ordinance, and provided that said successor or successors or said assignee shall have filed with the Clerk its acceptance of said terms and conditions.

1. This Ordinance shall be in full force and effect and shall constitute a binding contract between the Town of LaBarge and the Company when the provisions hereof shall have been accepted in writing by the Company and such acceptance filed with the Town Clerk.

H. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, if any such ordinances do in fact exist.

I. That the Company agrees to pay to the Town of LaBarge a franchise fee of one percent (1%) on gross sales in quarterly payments.

CHAPTER 9.15 – SEWAGE AND SEWAGE DISPOSAL

9.15.010 – DEFINITIONS

A. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to then by this section:

Sewer Service Line: the sewer line running from the town sewer main to the structure or property to be served.

Sewer Utility: all sanitary sewers, sewage treatment works, equipment, material and supplies used by the town municipality to collect and dispose of sewage from property in the town and property served by town sewers outside the town; provided, that a sewer service line shall be regarded as the property of the owner of such structure or property served.

9.15.020 – ADOPTION OF ADDITIONAL REGULATIONS

The administrative official may, from time to time, promulgate such rules and regulations as he considers necessary to carry out the intent of this chapter; provided, that such rules and regulations shall not the inconsistent with this chapter.

9.15.030 – POWERS AND DUTIES OF ADMINISTRATIVE OFFICIALS

The administrative official shall cause to be inspected all openings made in any sewer and all connections made to the sewer utility. He shall take such action, as he deems necessary to prevent injury or damage to the sewer utility and to prevent interference with the free flow of sewage.

9.15.040 – PERMIT REQUIRED FOR ALTERCATION OF SERVICE LINES

It shall be unlawful to extend any sewer service line or to change, enlarge or alter the use of any sewer service line connected to the sewer utility without first obtaining a permit, therefore.

133

No such permit shall be issued to property situated outside the town limits, except under such terms and conditions, as the town council shall provide.

9.15.050 – SEPARATE SERVICE LINE REQUIRED FOR EACH PROPERTY; PLUMBING FIXTURES TO BE CONNECTED BY PROPERTY OWNER UPON NOTICE

Each Property shall be served by its own sewer service line. All plumbing fixtures in any building or structure on and land adjoining to or abutting on or near any street or alley or other place through which there is a public or private sewer connected with the sanitary sewer utility of the town shall be connected by the owner of the property or his agent or other persons having charge of or receiving the rent or being the tenant of the same, with such public or private sewer upon notice from the town. Such notice shall be served upon the owner of such property by registered or certified mail to his last known address; provided, that this section shall not be construed as prohibiting a single service line to serve a single structure under one roof occupying more than one property.

9.15.060 – SAND AND GREASE TRAPS REQUIRED FOR ESTABLISHMENTS HAVING WASH OR GREASE RACKS

All service stations, garages, and similar places having wash or grease tacks connected with the sewer utility shall be provided with a sand and grease trap of suitable size and construction.

9.15.070 – DEPOSITING INJURIOUS MATERIAL INTO SYSTEM

It shall be unlawful to throw or deposit or cause or permit to be deposited in any vessel or receptacle connected with the sewer utility any petroleum products, volatiles, acids, highly alkaline solutions or any other matter whatsoever which shall be in any way injurious to the system or the treatment process at the treatment plant or which shall in any way cause undue maintenance of the system or the sewage plant.

SEWER CONNECTIONS:

9.15.080 – REQUIRED FOR OCCUPIED LAND WITHIN THREE HUNDRED FEET OF PUBLIC SEWER; EXCEPTIONS

All occupied lots or parts of lots or land in the town within three hundred (300) feet or less of the public sewer of the town shall be connected by private drain connections with the public sewer, in the manner as provided in this chapter, and no privy vault or cesspool shall be maintained, kept or continued thereon. If the owner of the property coming within the purview or this section neglects or refuses to make such connection, the town council shall notify such owner or his agent to make or cause such connections to be made. The owner or his agent shall comply with such notice within thirty (30) days from the service of such notice. Failure to comply with such notice shall be unlawful and every such 30 days’ neglect, after service of such notice, shall constitute a separate offense; provided, that where the drainage is such that it is impossible or impracticable to make such sewer connection, this section shall not apply.

9.15.090 – CONNECTIONS TO BE MADE BEFORE PAVING ADJACENT STREETS

134

Before any street or alley is paved, the owners or all property abutting thereon where a sanitary sewer is laid shall make proper sewer connection with such sanitary sewer, whether the immediate use thereof is required or not. Until used, such connecting sewers shall be supplied with a proper cap or covering sufficient to prevent the escape of sewer gas.

9.15.100 – PERMIT REQUIRED

No person shall make any connection to or uncover or open any towns sewer without first obtaining a permit therefore from the town administrative official.

9.15.110 – APPLICATION

Any person desiring to make any connection to the sewer utility shall make written application to the administrative official for a permit. All such applications must contain a description of the property to be connected, the kind and size of the service line and the kinds or fixtures to be served.

9.15.120 – PERMIT: CONTENTS, FEES

The permit shall state the name and address of the person making the connection or excavation, the property to be served, the location of the tap to the town sewer main and the size of the tap. No permit shall be issued unless the fees prescribed by the town are tendered with the application for a permit. Such fees shall be as are established from time to time by the town council.

9.15.130 – PERMIT: TYPES ISSUED

A. The following types or permits shall be issued for connecting to the sewer utility:

1. Permits to run a sewer line from the sewer main to the property line of the property to be served;

2. Permits to run a sewer service line from the sewer main to the structure or building to be served;

3. Permits to run a sewer from the stubbed-in service at the property line to the building or other structure to be served;

4. Permits to connect a sewer service line to the sewer utility to serve property outside the town limits; provided, that no permit shall be issued to connect with the sewer utility to serve property lying outside the town except with the express consent of the town council and under such terms and conditions as the town council may by resolution prescribe

5. Permits to renew any of the sewer service lines provided for in this section.

9.15.140 – PLUMBING TO BE INSPECTED BEFORE CONNECTIONS ARE MADE

All plumbing shall be subject to inspection by the administrative official or his authorized agent, in order to ascertain whether the requirements of this chapter have been or are being complied with. It shall be unlawful for any person to cause any plumbing within or outside the town to be

135

connected with the sewer utility of the town until such plumbing shall have been inspected and approved and a certificate or tag of approval issued by the town.

9.15.145 – CAPPING OF SEWER ACCESS POINTS REQUIRED

Whenever a building with sewer service is destroyed or removed, it is the duty of the property owner to cap and plug the sewer access pipe(s) with watertight and secure caps designed and sufficient to prevent air, water, and other materials from entering the sewer system.

INSTALLATIONS AND REPAIR OF SEWER SYSTEM:

9.15.150 – SERVICE LINES: DIMENSIONS AND MATERIAL REQUIREMENTS

The size of any sewer service line shall not be less than four inches nor more than six inches in diameter inside of the pipe and shall be formed of food, hard and sound vitrified clay or cast-iron or PVC plastic pipe with root resistant joints or such pipe and materials as may be approved by the administrative officials.

9.15.160 – SERVICE LINES: BACKFILLING OF TRENCHES

Backfilling of sewer line trenches shall be hard packed with care and well rammed to prevent the slightest settling of the trenches.

9.15.170 – SERVICE LINES: MAINTENANCE OF INSIDE

The inside of every sewer service line connected with the sewer utility shall be left smooth and perfectly clean throughout its entire length and the ends of all lines not to be immediately used shall be securely guarded against the introduction of earth, sand or other foreign materials by bricks and cement or other watertight and impervious material.

9.15.180 – SERVICE LINES: PROPERTY OWNER RESPONSIBLE FOR COST OF INSTALLING, REPAIRING, ETC.

The cost of installing the sewer service line shall be paid by the property owner. The owners of the property served by a sewer service line shall be responsible for repairing or replacing such sewer service line when, in the opinion of the administrative official, such line has become inoperative due to stoppages, crushing, settlement or any other defect.

9.15.190 – SERVICE LINES: METHOD AND SPECIFICATIONS FOR MAKING CONNECTIONS TO SEWER MAINS

Whenever a sewer connection shall be made, the required trench shall be opened an ample width to permit easy inspection and the removal of all rubbish. It there is no junction piece in the sewer a “T” saddle of the size specified in the permit required, therefore. After making the opening, which shall be done with great care so as to not injure the sewer, all rubbish shall be made with “Y” branches or “T” saddle and long radius eighth bends. The interior of each length of pipe and the inside of the last joint shall be made perfectly clean before the next joint is laid. All joints of vitrified clay pipe shall be ser in an approved mastic type joint filler. Slip on type joints of a type approved by the town shall be acceptable. The “T” saddle may be inserted into the sewer and set even with

136

the inside of the sewer on a bed or mortar and the opening around the pipe carefully repaired and well plastered with an approved mastic type repaired and well plastered with an approved mastic type joint filler. In connecting pipe with pipe, a “Y” junction or “T” saddle shall be used and the main sewer left in as good a condition as before the work was done. When a connection is made to a sewer main, the service line shall not be connected thereto until the connection has been inspected and approved by the town.

9.15.200 – EXTENT OF TOWN’S PARTICIPATION IN BEARING COST OF LARGER MAINS

A. Except in such instances where a single sewer district, subdivision or development under one ownership shall require a main greater than eight inches in diameter, the town shall participate in the cost of installing larger sized mains. The extent of the town’s participation shall be based on the following percentages of the total cost of sewers greater than eight inches in diameter:

1. For ten-inch mains, the percentage of the town’s participation shall be fifteen percent (15%);

2. For twelve-inch mains, the percentage of the town’s participation shall be twenty-five percent (25%);

3. For fifteen-inch mains, the percentage of the town’s participation shall be thirty-five percent (35%);

4. For eighteen-inch mains, the percentage of the town’s participation shall be forty-five percent (45%);

5. For mains larger than eighteen inches in diameter, the extent of the town’s participation shall be determined by the town council

6. In those instances where a district, subdivision or development under one ownership is of such size that entire cost of such oversize main shall be paid by the district of sub-divider.

9.15.210 – SUB-DIVIDER TO INSTALL MAINS AFTER APPROVAL OF PLANS AND INSPECTION; EXCEPTION

The sub-divider shall install the mains in his subdivision by contract upon approval of the plans and specifications by the town, execution of sewer extension contacts and town inspection of actual construction; provided, that the town may elect to install the mains, in which case the sub-divider shall deposit with the town the estimated costs. The town shall then proceed to construct the sewer under contract. If at any time the actual cost exceeds the amount deposited, the sub-divider shall immediately deposit sufficient funds to complete the work.

9.15.220 – SUB-DIVIDER TO PAY COSTS OF CONSTRUCTION OF MAINS, ETC.; MAINS TO BE EXTENDED TO FARTHEST POINTS OF UPGRADE

The sub-divider shall pay the costs of construction of all sewer mains and appurtenances to, in and through his sub-division except as otherwise provided in this chapter. Sewer mains shall always be extended to the farthest points upgrade in a platted sub-division so that the system may be perpetuated.

137

9.15.230 – CONSTRUCTION OF SERVICE IN SUB-DIVISIONS: UNDEVELOPED AREAS

When a sub-divider finds it necessary to construct a sewer through undeveloped areas to serve his platted sub-division, the entire cost of such sewer line shall be paid by the sub-divider unless the oversize main provisions are applicable. At the time of annexation or as the property abutting such sewer is developed and connections are made to the sewer, the town may collect a charge per front foot based upon the original construction costs and if so collected shall reimburse the original sub-divider to the extent of the collections so made; provided, that in no event shall such reimbursement exceed the total cost of the sewer. A sub-divider’s right to reimburse under the provisions of this section shall terminate fifteen (15) years after execution of the sewer extension contract.

9.15.240 – EXTENSION OF SEWER TO SERVE PROPERTY WITHIN TOWN NOT PART OF A SUB-DIVISION

Extension of sewer to serve property within the town, but not a part of the subdivision shall be financed by special assessment against the benefited property or under such terms and conditions, as the town council shall provide.

9.15.250 – NON-GRAVITY LINES: PUMPING STATIONS, GENERALLY

When pumping stations are required, the cost of constructing such stations shall be the responsibility of the property served thereby. In those instances where it appears that more than one subdivision may be served by the pump station, the town may require a larger capacity than that necessary to serve the initial development. Where such larger capacity is required the additional costs may be paid by the sewer or sub-dividers connected to lines served by the pump station. Such charges shall be paid prior to the time any connections are made.

9.15.260 – NON-GRAVITY LINES: FORCE MAINS SERVING AREAS NOT OTHERWISE ABLE TO ENTER SEWER UTILITY

Force mains required to serve an area not otherwise able to enter the town’s sewerage system shall be constructed at the expense of the owners of the property to be served thereby.

9.15.270 – NON-GRAVITY LINES: TIE INTO GRAVITY LINES

In those instances where pumping stations and force mains are required, the sewerage system shall be designed so as to permit an eventual connection into a gravity system with a minimum of expense. Where practicable, easements shall be provided, and lines contracted to tie into the gravity system. The town may require deposits, where deemed necessary, from the property owners requiring such force system to insure the eventual construction of gravity lines.

9.15.280 – EXTENSION OF SERVICE OUTSIDE TOWN: AUTHORITY OF TOWN COUNCIL

The town council may in its sole discretion enter into agreements with customers shoes lands lie outside the corporate limits of the town, to extend the town’s sewer system for the use, needs and requirements of such customers.

138

9.15.290 – EXTENSION OF SERVICE OUTSIDE OF TOWN: FINDINGS PREREQUISITE TO AGREEMENT

A. Before the town council shall enter into any agreement for the extension of the town’s sewer system to customers outside the town limits, it shall find that:

1. The extension of sewer service is economically feasible;

2. The property to be served is readily adaptable to and can be made to conform, within a reasonable time to be fixed by the town council, to the then existing ordinances of the town which relate to subdivision, platting, zoning and construction of improvements;

3. The property to be served is not currently contiguous to the town limits and cannot therefore be annexed to the town pursuant to the laws of the state, but that such property can reasonably be expected to be annexable to the town within the foreseeable future;

4. Such extension would help promote the orderly growth and development of the town;

5. Such extension would help promote the health, safety and welfare of the citizens of the town;

6. Such extension would help promote ecological and esthetic considerations in the growth and development of the town. Such extension is generally in the best interests of the citizens of the town.

CHARGES:

9.15.300 – ESTABLISHMENT: BILLING PROCEDURES

A. Charges for use of the town’s sewer system shall be as set, from time to time, by the town council by resolution. A copy of the ordinance establishing such charges shall be maintained on file in the office of the town clerk whether it shall be available for inspection by the public during the normal office hours of the town clerk.

B. Billing and collection procedures may be established by the town employees charged with the collection of such sewer service charges; provided, that such procedures are approved by the town council.

9.15.310 – SERVICE OUTSIDE TOWN LIMITS

The charge for sewer service outside the town shall be double that for service within the town, unless otherwise provided by the town council.

9.15.320 – METERING OF WATER FROM PRIVATE SOURCES

139

The administrative official may require that water used from private wells, which enters the sanitary sewer system, shall be metered or he may otherwise determine the method to be used to establish the rate to be charged for sewer service.

9.15.330 – CHARGES TO BE INCLUDED ON WATER BILL

Sewer charges shall be included on the water bill.

9.15.340 – PLACES OF PAYMENT; DUE DATE OF BILLS

All charges for sewer services provided in this chapter shall be due and payable at the office of the town treasurer or by mail to the town hall on the tenth of the month following the date of the bill.

9.15.350 – LIABILITY OF PROPERTY OWNER OF SERVICE

The owner of every building, premises or lot or house shall be liable for all sewer system services used upon his premises, which liability may be enforced by the town by action at law to enforce payment. In case the tenant in possession of any premises or buildings shall pay the sewer charges, it shall relieve the landowner from such obligations, but the town shall not be required to look to any person whatsoever other than the owner for the payment of sewer charges. No change of ownership or occupation shall affect the application of this section.

9.15.360 – SEWER TAP FEES

This shall be paid for making a sewer service line connection to the sewer utility the following charges; as the same may from time to time be amended by resolution of the Town Council;

4” Service Line, Inside Diameter ……….$ 250.00

6” Service Line, Inside Diameter ……….$1,000.00

8” Service Line, Inside Diameter……….$3,000.00

CHAPTER 9.20 – RULES AND REGULATIONS FOR THE OPERATION OF THE WATER UTILITY

9.20.010 – DEFINITIONS

A. For the purpose of this ordinance, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Water Service Line: the line running from the Town water main to the structure or property to

be served.

Water Utility: all water and water rights, waterworks and appurtenances thereto, machinery, equipment and supplies used by the Town to supply consumers with water; provided, that the water service line from the mainline to the structure or

140

property served shall be regarded as the property of the owner of such structure or property served.

9.20.020 – RESERVATION OF RIGHTS BY THE TOWN

The use of water under the provisions of this ordinance shall not constitute of be deemed to be a relinquishment of any water or water right by the Town and the Town reserves the full right to determine all matters in connection with the control and use of such water.

9.20.030 – PROMULGATION OF RULES AND REGULATIONS BY TOWN COUNCIL

The Town Council may, from title to time, promulgate such rules and regulations by resolution, as it considers necessary to carry out the intent of this chapter; provided, that such rules and regulations are not inconsistent with this ordinance.

9.20.040 – AGREEMENT TO RULES AND REGULATIONS PREREQUISITE TO COMMENCEMENT OF SERVICE

No person may be served with water from the water utility unless he agrees to all the ordinances, rules and regulation of the Town pertaining to the use of such water.

9.20.050 – WATER EMPLOYEE: APPOINTMENT, DUTIES, RECORDS, AND REPORTS

A. The Town Council may hire a Town water utility employee to operate the water utility under the direction and supervision of the Town Council. Said employee shall have the employment rights, only, of a regular Town employee.

B. Said employee under the direction and supervision of the mayor and council, shall have the general management, control and supervision of the water utility and sewer system of the Town.

C. Said employee shall execute orders for all plumbing work and inspect all plumbing work under the supervision of the Town engineer; keep an accurate up-to-date record of all tapping; keep an accurate list of all tools, materials and supplies pertaining to the water utility.

D. Said employee shall keep such records and prepare such reports concerning the water utility as the Town Council directs.

9.20.060 – DAMAGING UTILITY PROPERTY, EQUIPMENT, ETC.

It shall be unlawful to in any way to purposely, knowingly, recklessly or negligently damage any property, equipment or appliance constituting or being part of the water utility, either directly or indirectly, including by neglecting to prevent the accumulation of ice in and around any water bearing equipment connected to the utility. A violation of this section shall be punishable by a fine of not more than $750.00, as well as restitution to the town for the cost of repairing said property, equipment or appliance.

9.20.070 – TRESPASS OR INTERFERENCE WITH UTILITY PROPERTY, ETC.

141

It shall be unlawful to trespass upon the property of the water utility or tap any water mains without authorization, or make any connection therewith or in any manner interfere with the water utility or the property, equipment, pipes, valves or any other appliances of the water utility or change or alter the position of any valve or appliance regulating the flow of water in any pipeline A violation of this section shall be punishable by a fine of not more than $750.00.

9.20.080 – DEPOSITING MATERIAL IN UTILITY WHICH WILL OBSTRUCT, POLLUTE, ETC., WATER

It shall be unlawful for any person to cast, place, dump or deposit in any part of the water utility any oil, gasoline or other petroleum product or by-product, or any substance or material which will in any manner injure or obstruct the same or any material or substance that would tend to contaminate or pollute the water or obstruct the flow of the water. A violation of this section shall be punishable by a fine of not more than $750.00.

9.20.090 – EMERGENCIES

In the event of a major fire or other emergency that should require the immediate curtailment of the use of water from the water utility, the Town Council shall have the authority to make such temporary restrictions as the Town Council shall deem necessary for the protection of the public.

9.20.100 – PROHIBITED USES OF WATER FOR WATER UTILITY

A. It shall be unlawful for any person to use water from the Water Utility for the following purposes:

1. The use of water from the water utility for commercial agricultural purposes is prohibited.

2. No person having water service shall permit any other person to take or use water from his water service for use on property not connected to the water utility.

B. A violation of this section shall be punishable by a fine of not more than $750.00.

9.20.110 – PRIVATE WATER WELLS

A. Upon application to and upon consent from the Public Works Director and the Town Council, which may set a fee by Resolution of that body, a private water well may be placed and operated within the Town of LaBarge, so long as:

1. The well is constructed, placed and operated in a lawful manner consistent with the applicable statutes, rules, and regulations promulgated by the State Engineer or other such lawful body or agency; and

2. The well water is in no way connected to or likely to contaminate the municipal water systems of the Town; and

3. Is solely used for outdoor watering of vegetation and agricultural purposes on one lot, and is not used, stored, or resold off the subject properties or for any commercial purpose; and

142

4. Will not and does not cause or exacerbate erosion within the town; and

5. No well is dug or maintained within twenty-five (25) feet of any Town water or sewer main.

A violation of any provision herein constitutes a misdemeanor punishable by a maximum $750.00 fine to which may be added costs and restitution. The imposition of any such fine shall not bar the institution of appropriate legal actions or proceedings by the town to restrain, correct, or abate the violation nor shall the institution of such legal actions or proceedings be deemed a bar to the imposition of such fine. Each day of violation of this ordinance may constitute a separate offense.

B. All properties containing a well within the Town of LaBarge shall be subject to periodic and/or random inspection by Town personnel or Town designees to ensure compliance with this Ordinance and State regulations regarding use of such private water wells.

C. All properties containing a well within the Town of LaBarge shall install a Double-Check Valve Backflow Prevention Device, on any and all connections between the Town Water Supply and the property owner’s side of any water meter at the owner’s expense. Such Backflow Prevention Device shall be installed and maintained as per the regulations of the Wyoming Division of Water Quality.

D. On all properties containing an existing well at the time of the passage of this Ordinance, a Backflow Prevention Device, as per Section C above, shall be installed no later than the next occasion that the necessary section of the connection to the Town’s water supply is uncovered for maintenance and/or repair purposes.

9.20.120 – DISCONTINUANCE OF SERVICE; FAILURE TO PAY CHARGES

In case any water user shall fail to pay all charges and fines as prescribed by this chapter, the Town shall shut off the water from the premises, building, house or lot, and water shall not be turned on again until all charges and fines are paid, together with the charge for shutting off and turning on the water; provided, that the Town shall not shut off the water until the owner shall have been given seven (7) days’ notice in writing, by regular mail, mailed to his mailing address as shown on the records of the water utility.

CONNECTIONS:

9.20.130 – ONLY TOWN EMPLOYEES AUTHORIZED TO TURN ON WATER TO PREMISES; EXCEPTIONS

It shall be unlawful for any person, other than an employee of the Town in the course of his employment, to turn on water to any premises, lot, building or house when the water has been shut off pursuant to the provisions of this ordinance; provided, however that this section shall not be construed to prevent any plumber or contractor from admitting water to test pipes or to restore service after repairs. A violation of this section shall be punishable by a fine of not more than $750.00.

9.20.140 – UNAUTHORIZED TAPS; COMPLIANCE WITH PERMIT, COSTS

143

A. It shall be unlawful for any person not authorized by the Town to tap or connect to any part of the water utility. A violation of this section shall be punishable by a fine of not more than $750.00.

B. All taps or connections shall be made in accordance with the terms and conditions of the permit issued, therefore.

C. All taps or connections to any part of the water utility shall be made at the expense of the person making such tap or connection.

9.20.150 – PERMIT REQUIRED

Any person desiring to make a connection to the water utility or to use water there from, shall make written application to the Town for a permit to do so and shall not make such connection without such permit.

9.20.160 – PERMIT: TYPES ISSUED

A. There shall be two types of permits to make connections with the water utility of the Town:

1. A permit for the purpose of connecting a water service line from a main of the water service line from a main of the water utility to the property to be served, for the purpose of taking and using water for normal Town purposes; that is, domestic commercial or industrial;

2. A permit to connect an enlarged tap to the water utility for the purpose of taking and using water for normal Town purposes; this is, domestic, commercial or industrial.

9.20.170 – PERMIT APPLICATION

The application for a permit to make connection to the water utility shall state the name of the person to whom the permit is to be issued, the size of the tap, corporation cock and water service lien, the location thereof, the premises upon which water is to be used and the purpose for which the water is to be used.

9.20.180 – PERMIT: ISSUANCE, CONTENTS

Permits required by this ordinance shall be issued by the Town and shall state the name of the person to whom the permit is issued, the date of the permit, the size of the tap, corporation cock and water service line, the premises upon which the water is to be used, and the purpose for which the water is to be used.

9.20.190 – CONNECTION FEE

A. There shall be paid for making a connection to the water utility the following charges, as the same may from time to time be amended to ordinance of the LaBarge Town Council:

½” Service Line, Inside Diameter ……….$ 750.00

1” Service Line, Inside Diameter ……….$ 1,125.00

1 ½” Service Line, Inside Diameter ……….$ 1,500.00

144

2” Service Line, Inside Diameter ……….$ 2,250.00

4” Service Line, Inside Diameter ……….$15,000.00

6” Service Line, Inside Diameter ……….$22,500.00

8” Service Line, Inside Diameter ……….$30,000.00

9.20.200 – ALL PLUMBING TO BE INSPECTED AND APPROVED

All plumbing shall be subject to inspection by the Town or its authorized agents in order to ascertain whether the requirements of this ordinance have been or are being complied with. It shall be unlawful for any person to cause any plumbing within or outside the Town limits to be connected with the water utility of the Town until such plumbing shall have been inspected and approved and a certificate or tag or approval issued by the Town. A violation of this section shall be punishable by a fine of not more than $750.00.

SERVICE LINES:

9.20.210 – INSTALLATION: WRITTEN PERMISSION PREREQUISITE; TO BE BY A LICENSED PLUMBER; INSPECTION

A. No service lines shall be installed without having first obtained written permission from the town.

B. No person other than a plumber licensed by the Town shall install a water service line, including a meter vault and a meter riser.

C. All water service line installations shall, before being covered, be inspected by the Town of LaBarge. A request to inspect the installed water service line shall be made by the plumber, contractor, owner or other person in charge of such installation no less than thirty-six (36) hours before and nor more than forty-eight (48) hours before covering of such a line.

9.20.220 – INSTALLATION: COSTS, GENERALLY

Any service line from a main to a structure to be served shall be installed by the water user at his expense.

9.20.230 – MATERIAL SPECIFICATIONS

All service lines from the water main line to the property valve shall be of C.W. Poly, 200# rating, minimum. Corporation cocks, water risers, and service lines shall be of the size as specified by the Town. Curb stops as specified by the Town, buried five and one- half feet, shall be used and a minimum curb box top section shall be one and one-half feet and shall be one and one-half inch in diameter.

9.20.240 – MINIMUM SIZE

The water service line from the street main to the water distribution system of the building to be served with water shall be of sufficient size to furnish an adequate peak demand and in no event shall it be less than three-fourths (3/4) inch nominal diameter. Peak demand requirements shall be determined in each case by the Town engineer pursuant to applicable engineering standards.

145

9.20.250 – REQUIRED DEPTH

All service lines shall be laid seven feet below the established grade of the street from the water main to the meter vault. When the main is greater or less depth, the service line shall be brought to the required depth as soon as possible after leaving the tap.

9.20.260 – REPLACEMENT WHERE MATERIALS UNSUITABLE

Service lines made of materials other than cast iron or copper shall be replaced by copper, cast iron, Schedule 40 PVC or suitable materials authorized for such use by the Town of LaBarge, when in the opinion of the Town of LaBarge, such lines have become so disintegrated as to be unfit for further use. The water utility shall assume the cost of replacement of the service line between the main and the curb stop, and the property owner shall assume the cost of replacement of the water service line between the curb stop and the distribution system of the building served. When such lines have been replaced with copper, cast iron or Schedule 40 PVC or better lines as set forth in this article, the water utility shall assume the maintenance of the service line between the water main and the curb stop or meter riser.

9.20.270 – APPROVAL OF REPLACEMENT SERVICES

New services to replace existing services shall not be approved by the Town and water turned on until old service lines are dug up and the corporation cock shut off at the main.

9.20.280 – EXTENSION TO MORE THAN ONE PROPERTY

Each property shall be served by its own service line, and no connection with the water utility shall be made by extending the service line from one property to another property. In cases where service lines were extended from one property to a different property prior to adoption of this section, the continued use of such extension shall be permitted until replacement made to the water main at the expense of the owner of the property served by such extension and the extended service line shall be discontinued; provided, that this section shall not be construed as prohibiting a single service line to serve a single structure under one roof occupying more than one property.

9.20.290 – MAINTENANCE

The owner of any property connecting to the water utility shall be responsible for the maintenance of the water service line from the main line to the structure being served and shall keep this line in good condition at his expense. He shall, at his expense, at all times keep all pipes, fixtures and appliance on his property tight and in good working order so as to prevent waste of water.

9.20.300 – DISCONNECTING SERVICE FROM PREMISES

When a water user desires to disconnect his premises from the water utility, he shall not be permitted to take up that portion of the service line between the main and the curb stop or meter vault, nor shall he be permitted to take up the meter vault, but, at his expense, the water shall be shut off of the corporation cock and all appliances from the water main to and including the meter vault shall remain in the ground and become the property of the Town.

146

MAINS, GENERALLY:

9.20.310 – SHUTTING WATER OFF FROM STREET MAINS TO MAKE CONNECTIONS, EXTENSIONS, ETC.

Water may be shut off from any street main when necessary to repair the main or to make any connections or extensions of the water mains or to perform any other work necessary to maintain the water utility.

9.20.320 – MINIMUM SIZE

The size of the main required to serve any part of the Town shall be determined by the Town. No main less than six inches in diameter shall be placed in the water distribution system.

CHARGES:

9.20.330 – ADVANCE PAYMENT OF MINIMUM CHARGE FOR ONE BILLING PERIOD REQUIRED

A new water user, upon application for water service, shall pay in advance the minimum charge for one billing person, which shall be credited upon termination of service.

9.20.340 – RATES: WITHIN CORPORATE LIMITS

The charge for water use inside the corporate limits of the Town shall be in the amount that the Town council shall determine by resolution.

9.20.350 – BILLS, NOTICES, ETC., EFFECTIVE UPON MAILING

Billing for water service and any other notices relating to the water utility shall be effective upon mailing such billing or notice to the address of the property owner as shown on the records of the Town water utility.

9.20.360 – WHERE PAYABLE; DUE DATE

All charges for the use of water as provided for in this article are due and payable at the office of the Town clerk. All charges are due the tenth of the month following the date of the bill; delinquent bills will be charged an addition ten per cent (10%).

9.20.370 – LIABILITY OF PROPERTY OWNER FOR SERVICE

The owner of every building, Premises, lot or house shall be liable for all water delivered to or taken from and used upon his premises, which liability may be enforced by the Town by action at law or equity to enforce payment. In case the tenant in possession of any premises or buildings shall pay the water charges, it shall relieve the landowner from such obligations, but the Town shall not be required to look to any person whatsoever other than the landowner for the payment of water charges. No change of ownership of occupation shall affect the application of this section.

147

9.20.380 – DISCONNECTION OR RECONNECTION TO PREMISES

The Town shall set by Resolution fees for the connection, reconnection and disconnection of water service. Such fees may take into account the record of payment of the water user.

INSTALLATION AND EXTENSION FOR CONSTRUCTION OF WATER SYSTEM:

9.20.390 – CONSTRUCTION OF WATER MAINS IN SUBDIVISIONS: MAIN EXTENSION CONTRACT REQUIRED

No water mains shall be constructed in a platted subdivision until the sub-divider and the Town has executed a water main extension contract.

9.20.400 – SUB-DIVIDER TO INSTALL MAINS AFTER APPROVAL OF INSPECTION; EXCEPTIONS

The sub-divider shall install the mains in his subdivision by contract, upon approval of the plans and specifications by the Town, execution of the water main extension contract and Town inspection of actual construction; provided, that the Town may elect to install the mains, in which case the sub-divider shall deposit with the Town the estimated cost of the water main construction, plus engineering and administrative costs. The Town shall then proceed to construct the water mains under contract. If at any time the actual cost exceeds the amount deposited, the sub-divider shall immediately deposit sufficient funds to complete the work.

9.20.410 – SUB-DIVIDER TO PAY COSTS OF CONSTRUCTION OF MAINS, ETC., TO BE EXTENDED TO FARTHEST POINTS OF UPGRADE

The sub-divider shall pay the costs of construction of all water mains and appurtenances to, in and through his subdivision, except as otherwise provided in this chapter. Water mains shall always be extended to the farthest points upgrade in a platted subdivision so that the system may be perpetuated.

9.20.420 – CONSTRUCTION OF SERVICES IN SUBDIVISION: UNDEVELOPED AREAS

When a Sub-divider finds it necessary to construct a water main through undeveloped areas to serve his platted subdivision, the entire cost of such water line shall be paid by the sub-divider. At the time of annexation or as the property abutting such line is developed and connections are made to the line, the Town may collect a charge per front foot based upon the original sub-divider to the extent of the collections so made; provided, that in no event shall such reimbursement exceed the total cost of the line. A sub-divider’s right to reimbursement under the provisions of this section shall terminate fifteen years after execution of the water main extension contract.

9.20.430 – EXTENSION OF MAIN TO SERVE PROPERTY WITHIN TOWN NOT PART OF A SUBDIVISION

Extension of water mains to serve property within the Town, but not a part of a subdivision shall be financed by special assessment against the benefited property or under such terms and conditions as the Town Council shall provide.

148

9.20.440 – EXTENTION OF SERVICE OUTSIDE TOWN: AUTHORITY OF TOWN COUNCIL

The Town Council may in its sole discretion enter into agreements with customers whose lands lie outside the corporate limits, to extend the Town’s water system for the use, needs and requirements of such customers.

9.20.450 – EXTENSION OF SERVICE OUTSIDE TOWN: FINDINGS PREREQUISITE TO AGREEMENT

A. Before the Town Council shall enter into any agreement for the extension of the Town’s water system to customers outside the corporate limits, it shall find that:

1. The extension of water service is economically feasible;

2. The property to be served is readily adaptable to and can be made to conform, within a reasonable time to be fixed by the Town Council, to the then existing ordinances of the Town, which relate to subdivision, planning, zoning and construction of improvements;

3. The property to be served is not currently contiguous to the Town limits and cannot therefore be annexed to the Town pursuant to the laws of the state, but that such property can reasonably be expected to be annexable to the Town within the foreseeable future;

4. Such extension would help promote the orderly growth and development of the town;

5. Such extension would help promote the health, safety and welfare of the citizens of the town;

6. Such extension would help promote ecological and aesthetic considerations in the growth and development of the town;

7. Such extension is economically feasible;

8. Such extension is generally in the best interests of the town.

CHAPTER 9.30 – REDUCED RATE UTILITIES

9.30.010 – DEFINITIONS

A. For the purpose of this ordinance, the following words and phrases shall have the meanings respectively ascribed to them by this section:

User: any person or entity assessed a Utility Fee.

149

Utility Fee: any fee or assessment assessed pursuant to Title 9 of the Code of the Town of LaBarge, Wyoming.

9.30.020 – RATE REDUCTION COMMITTEE

A. The Mayor shall appoint a standing special committee, pursuant to Ordinance 1.25.020 and 1.25.030, consisting of no less than three members made up from the Town's users, who shall meet from time to time to consider applications from users for reduced utility fees. The members of this standing special committee shall serve indefinitely at the Mayor's pleasure, and any vacancy in the standing special committee shall be appointed pursuant to Ordinance 1.25.020 and 1.25.030.

B. Any user requesting a reduction in utility fees shall submit a request to the Rate Reduction Committee in writing. Such request must contain the following information:

1. Name of requesting user;

2. Address of requesting user;

3. A clearly stated reason why such a request should be granted with supporting documentation (i.e., if the request is based on limited income, documentary evidence of any and all income);

4. A proposed utility fee to be paid by the user;

5. The user's signature.

C. The Rate Reduction Committee may request additional information from the applicant user deemed prudent to the Committee's consideration. Failure to provide such information, or to adequately explain its absence, is sufficient ground for denial of that user's request.

D. The Rate Reduction Committee shall review each application for good cause in granting the reduction. Should the Committee, by majority vote, find good cause to grant the reduction in any or all utility fees, the Committee shall recommend such reduction, along with a recommended reduced utility fee rate, to the Town Council, in writing, within 10 days of the meeting wherein the Committee made such determination.

E. Should the Committee not find good cause to grant the reduction in any or all utility fees, the Committee shall inform the applicant user, either verbally or in writing, within 10 days of the meeting wherein the Committee made such determination.

9.30.030 – TOWN COUNCIL REVIEW

A. During the regular meeting of the Town Council, the Town Council shall review all rate reductions recommended by the Rate Reduction Committee for approval. At that time, the Town Council shall approve or disapprove the request. Should the Council approve the rate reduction, the Council should state at what rate the user should be assessed and when date the reduced rate shall begin being assessed against that user.

150

B. In all matters concerning applications pursuant to this Chapter, the decisions of the Council shall be final, notwithstanding 9.30.050. The granting of a reduced utility rate is a privilege, and not a right established by the Town.

9.30.040 – APPEAL

Should the Rate Reduction Committee not find good cause to grant the reduction, the applicant user shall have thirty (30) days to appeal that decision to the Town Council in writing. The written appeal shall, with specificity, why the determination made by the Rate Reduction Committee was erroneous. The Town Council shall consider the appeal during the regular meeting of the Town Council. The Town Council may act in any way it deems prudent pursuant to the appeal, including granting the reduced rate, denying the application, or remanding the application back to the Rate Reduction Committee for further review.

9.30.050 – RENEWAL

A. Any and all reduced utility rates granted under this Chapter shall be reviewed annually. The Rate Reduction Committee shall meet and recommend to the Town Council whether or not any and all rate reduction should be renewed, cancelled or modified. In considering renewals, the Rate Reduction Committee shall be permitted to require applicants to submit or resubmit information or documents.

B. No user applicant may request a utility rate reduction more than one per year per location

TITLE 10

PLANNING AND ZONING

CHAPTERS AND SECTIONS:

10.05 GENERAL PROVISIONS 155

10.05.010 Title

10.05.020 Short Title

10.05.030 Authority

10.05.040 Purpose

10.05.050 Interpretation

10.05.060 Conflict

10.05.070 Definitions

10.05.080 Powers

10.05.090 Membership, Term, Vacancies

10.05.100 Qualifications of Commission Members

10.05.110 Organization

10.05.120 Finances

10.05.130 Meetings

10.10 ADMINISTRATION AND ENFORCEMENT 161

10.10.010 Enforcement Responsibility

10.10.020 Enforcement Agent

10.10.030 Enforcement and Penalties

10.15 ZONING DISTRICTS DESIGNATED 162

10.15.010 Zoning Map and Boundaries

10.15.020 Establishment of Districts

10.20 GENERAL PROVISIONS 162

10.20.010 Applicability

10.20.020 Nonconforming Use

10.20.030 Premises to be Clean and Orderly

10.20.040 Conditional Use Permit

10.20.050 Appeals

10.20.060 Stays

10.20.070 Legal Action

10.20.080 Liability for Damages

10.20.090 Building Permits

10.20.100 Licensing

10.20.110 Building Size

10.20.120 Building Age

10.20.130 Building Materials and Construction Requirements

10.25 R-1 LOW DENSITY RESIDENTIAL DISTRICT 168

10.25.010 Purpose

10.25.020 Permitted Uses

10.25.030 Conditional Uses

10.25.040 Lot and Yard Requirements

10.30 R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT 169

152

10.30.010 Purpose

10.30.020 Permitted Uses

10.30.030 Conditional Uses

10.30.040 Lot and Yard Requirements

10.30.050 Accessory Building

10.35 MINIMUM STANDARDS FOR MOBILE HOMES, ON LOTS OTHER THAN MOBILE HOME PARK 171

10.35.010 Construction Standards: HUD

10.35.020 Foundation Standards

10.35.030 Anchoring Standards

10.35.040 Wheels and Hitches

10.35.050 Minimum Construction Standards

10.35.060 Lot Standards

10.35.070 Accessory Buildings in R-2 Districts

10.35.080 Accessory Buildings: Other

10.40 MOBILE HOMES 172

10.40.010 Purpose

10.40.020 Minimum Lot Area

10.40.030 Permitted Uses

10.40.040 Special Uses

10.40.050 Minimum HUD Standards

10.40.060 Lot and Yard Requirements

10.45 MHP – MOBILE HOME PARK 173

10.45.010 Purpose

10.45.020 Permitted Uses

10.45.030 Conditional Uses

10.45.040 Definitions

10.45.050 Plans and Specifications

10.45.060 Permits

10.45.070 Inspection of Mobile Home Parks

10.45.080 General Provisions Which Apply to Mobile Home Parks

10.45.090 Water Supply Sampling

10.45.100 Registration of Occupants

10.50 C – COMMERCIAL DISTRICT 177

10.50.010 Purpose

10.50.020 Permitted Uses

10.50.030 Conditional Uses

10.50.040 Lot and Yard Requirements

10.55 I – INDUSTRIAL DISTRICT 179

10.55.010 Purpose

10.55.020 Conditional Uses

10.55.030 Lot and Yard Requirements

10.60 PO – PUBLIC OWNERSHIP DISTRICT 180

10.60.010 Purpose

10.60.02 Permitted Uses

10.65 VARIANCES 180

10.65.010 Intent and Purpose

10.65.020 Responsibility of Applicant

10.65.030 Public Hearing

10.65.040 Conditions and Variance

153

10.65.050 Responsibility of the Town Council

10.65.060 Appeals

10.65.070 Revocation of Variances

10.70 GARAGES AND ACCESSORY BUILDINGS 183

10.70.010 Purpose

10.70.020 Garages

10.70.030 Accessory Buildings

10.70.040 Occupancy of Garages and Accessory Buildings

10.70.050 Driveways and Approaches

10.75 SIGNS 184

10.75.010 Purpose and Intent

10.75.020 Signs, Generally

10.80 FLOODS 185

10.80.010 General

10.80.020 Purpose

10.80.030 Method of Reducing Flood Losses

10.80.040 Definitions

10.80.050 General Provisions

10.80.060 Permit Requirements

10.80.070 Flood Damage Prevention Superintendent

10.80.080 Appeal Board

10.80.090 Rules and Regulations

10.80.100 Variances

10.80.110 Federal Insurance

10.80.120 Flood Hazard Reduction

10.85 SUBDIVISIONS 194

10.85.010 Definitions

10.85.020 Conformity to Provisions

10.85.030 Division, Generally

10.85.040 Design Standards: Applicability

10.85.050 Design Standards

10.85.060 Conformity to Provisions

10.85.070 Subsequent to Approval

10.85.080 Procedures: Generally

10.85.090 Procedures: Pre-Preliminary Sketch

10.85.100 Procedures: Preliminary Plat

10.85.110 Procedures: Hearing

10.85.120 Approval or Disapproval by Planning Commission

10.85.130 Town Council Action

10.85.140 Procedure: Final Plat

10.85.150 Procedure: Final Plat Approval or Disapproval

10.85.160 Review by Municipal Engineer or Attorney

10.85.170 Procedure: Town Council Action

10.85.180 Procedure: Recording of Final Plat

10.85.190 Procedure: Additions, Erasures, etc., After Approval by Town Council

10.85.200 Sanctions and Fines Against Non-Approved Subdivision; Injunctions

10.85.210 Variances

10.85.220 Interpretation

154

10.85.230 Appeals

10.85.240 Amendment

10.85.250 Separability

155

CHAPTER 10.05 – GENERAL PROVISIONS

10.05.020 – SHORT TITLE

This title shall be known, cited and referenced to as the zoning title of the Town.

10.05.030 – AUTHORITY

This title is adopted pursuant to and in accordance with the authority vested in the Town council of the Town and by the provisions of Section 15-1-103 Wyoming Statutes Sections 15-1-501 through 15-1-512 Wyoming Statutes, and 15-1-601 through 15-1-611 Wyoming Statutes, as amended.

10.05.040 – PURPOSE

This title is designed and enacted for the purpose of promoting the health, safety, and welfare of present and future inhabitants of the Town including among other things, the lessening of congestion in town or roads, securing safety from fire and other dangers, providing light and air, classification of land and distribution of land development and utilization, protection of the tax base and property values, economic growth, protection of both residential and nonresidential development, to promote the most appropriate use of land an orderly and centralized growth of the Town.

10.05.050 – INTERPRETATION

In interpreting and applying the provisions of this title, the requirements contained herein are the minimum requirements for the purpose set forth.

10.05.060 – CONFLICT

This title shall not nullify the more restrictive provisions of other ordinances or laws, but shall prevail notwithstanding such provisions, which are less restrictive.

10.05.070 – DEFINITIONS

A. For the purpose of this title, certain words, terms and phrases shall be defined to have same meaning as set forth in this section. Where apparently inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural and the plural the singular. The word “shall” is always mandatory and not directory. The word “may” is permissive.

Accessory Building: a building customarily incidental to, and located on the same lot occupied by, the main building.

Agriculture: the tilling of the soil, the raising of crops, horticulture, gardening, ranching and the keeping of domestic animals and fowl excepting household pets. Agricultural land shall include buildings and structures required for agricultural purposes.

156

Alley: a public thoroughfare twenty feet or 6.10 meters or less in width, which affords only a secondary access to an abutting property.

Building: any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or movable possessions.

Building Height: the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between ridge and eaves of a gable, hip or gamble roof

Building Permit: a written warrant or license granting a landowner approval for proposed construction, reconstruction or alteration of buildings or structures.

Double-Wide Mobile / Manufactured Home: a mobile or manufactured home no less than twenty-eight (28) feet in width, with minimum interior dimensions in excess of one thousand four hundred (1400) square feet.

Dwelling Unit: a building arranged, intended or designed to be occupied by one or more families living independently of each other upon the premises.

Family: one or more persons related by blood, marriage or adoption, occupying a dwelling unit and living as a single housekeeping unit, as distinguished from renters, roomers or as a group occupying a hotel or motel, as defined in this chapter.

Floodway: the area through which the main body of flood water flows.

Floodway Fringe Area: the area immediately adjacent to the floodway; characterized by a large volume of water moving slower than the main floodway, often dry until subject to flooding.

Floor Area: the total horizontal living area of a building measured on the outside walls of each story.

Garage: an accessory building designed or used for the storage of not more than four automobiles owned and used by the occupants of the building to which it is an accessory.

Grade, Ground Level: the average of the finished ground level at the center of all walls of a building. For buildings adjoining one street only, the elevation of the ground at the center that wall adjoining the street shall be considered grade. For buildings adjoining more than one street, grade is average of the elevation of the ground at the center of all walls adjoining the streets. All walls approximately parallel to and more than five feet (1 .52m) from a street line are to be considered as adjoining a street.

Home Occupation: any use conducted entirely within a dwelling carried on primarily by the inhabitants living there and which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the dwelling; provided, however, there shall no uses allowed classified as industrial.

157

Hospital: any building or portion thereof used for the diagnosis, treatment or for the accommodation and medical care of sick, injured or infirm persons and including sanitariums, but not clinics, rest homes and convalescent homes.

Hotel: a building or part thereof which has a common entrance, common heating system, and may include a general dining room, and which contains seven or more living and sleeping rooms designed to be occupied by individuals or groups of individuals for compensation.

Household Pets: animals ordinarily permitted in the house and kept for company or pleasure, such dogs, cats and canaries, but not including a sufficient number of dogs to constitute a kennel.

Indirect Lighting: a source of illumination, which is enclosed in a manner, which prevents all unscreened light from being seen.

Industrial Park: a group of non-nuisance industrial plants on a single parcel of land, or on separate parcels continuously arranged so as to form planned development of industrial sites, building or buildings.

Junkyard: any place, establishment or business maintained, used or operated for storing, keeping, buying or selling of junk or for maintenance or operation of automobile graveyards.

Lot: a parcel of land occupied or to be occupied by a main building or group of buildings (main and accessory), together with such yards, open space, lot width and lot areas as required by this title and having frontage upon a street. Except for a group of dwellings, not more than one dwelling structure shall occupy any one lot.

Lot Area: the total area within the property lines of the lot, excluding adjacent streets.

Lot Corner: a lot, abutting on two intersecting or intercepting streets, where interior angle of intersection or interception does not exceed one hundred thirty-five degrees.

Lot Interior: a lot other than a corner lot.

Lot Line Back: the lot line opposite the front lot line.

Lot Line Front: the property line dividing a lot from a street. On a corner lot only one street line shall be considered as a front line and the short street frontage shall be considered the front line. Provided the shorter side is the logical front for a lot considering the location of other dwellings on the street. The appropriate front of a lot should a question arise.

Lot Line Side: any lot lines other than the front lot line or rear lot lines.

158

Lot Width: the distance parallel to the front lot line measured between side lot lines through that part of the building, structure or lot where the lot is narrowest.

Mobile Home: a transportable structure built on a chassis and designed to be used with or without a permanent foundation as a dwelling unit when connected to public utility facilities and which is built in a factory in accordance with specifications set forth by the U.S. department of housing and urban development. Motorized homes, trailers or other camping or recreational vehicles are not considered mobile homes.

Mobile Park: an area designated for and/or occupied by more than two mobile homes or facilities delineated above, on units of space pre-designed type, which may be utilized for living purposes, either permanent, seasonal, or both, and each unit is on less than seven thousand square feet.

Open Space: unoccupied space within the incorporated limits, set aside for recreational use.

Parking Space: space within a building, lot or parking lot for the parking or storage of one automobile. The parking space shall not be less than ten feet by twenty (3.05 m x 6. 10 m) or two hundred square feet (18.6 sq. m) in area.

Permitted Uses: all uses permitted in a district, subject to the same use, density, sign, parking and spatial regulations applicable to that district.

Planning Commission: the planning and zoning commission of the Town.

Sign: any device used for visual communication to the general public and displayed out of doors, but not including any flag, badge, or ensign of any government agency.

Sign, Advertising: a sign, which directs attention to a use, product or commodity, or service not related to the premises.

Sign, Business: a sign, which directs attention to a use, conducted, product or commodity sold, or service performed on the premises.

Sign, Identification: a sign displayed to indicate the name or nature of buildings or other uses than commercial or industrial uses located upon the premises.

Sign, Name Plate: a sign indicating the name and/or occupations of a person or persons residing on the premises, or legally occupying the premises, or indicating a home occupation legally existing on the premises.

Sign, Property: a sign related to the property on which it is located and offering such property for sale or lease or advertising contemplated improvements or announcing the name of the builder, owner, designer or developer of the project, or warning against trespassing.

159

Sign, Public Information: a sign erected by a public or nonprofit agency, service club, etc., giving information to direct the public to both public and private facilities and major uses.

Sign, Temporary: shall include any sign, banner, pennant or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be used for short period of time only.

Site Plan: a graphic portrayal drawn to scale of all required elements including, but not limited to, existing and proposed buildings, utilities right-of ways, fencing, landscaping, and parking and loading areas.

Street: a public thoroughfare the surface of which is at least thirty (30) feet wide, which affords principal means of access to abutting property.

Structure: anything constructed or erected which requires location on the ground or is attached to something having a location on the ground. -

Use: the purpose for which land or building is designed, arranged or intended, or for which it is or may be either occupied or maintained.

Yard Front: a space on the same lot with a building, between the front line of the building (exclusive of steps) and the front lot line, and extending across the full width of the lot.

Yard Rear: a space on the same lot with a building, between the rear line of the building (exclusive of steps and chimneys) and the rear line of the lot and extending the full width of the lot.

Yard Side: a space on the same lot with a building, between the side line of the lot and extending from the front yard line to the rear line of the lot and extending the full width of the lot.

Zone: a synonym to district.

Zoning Map: the official map, which describes thereon the several zoning districts to which the regulations set forth in this title shall apply.

Zoning Officer: the duly constituted Town official designated to administer and enforce this zoning title.

10.05.080 – POWERS

The LaBarge Planning and Zoning Commission may make reports and recommendations relating to the planning and development of the municipality to the Town Council. In general, the Planning and Zoning Commission has all the powers necessary to enable it to perform its functions in conjunction with the Town Council.

10.05.090 – MEMBERSHIP, TERMS, VACANCIES

160

A. The LaBarge Planning and Zoning Commission shall consist of five (5) members, to be appointed by the Town Council.

B. The term of each appointed member shall be four (4) years, except that of the first appointed members, three (3) members shall be appointed for a four (4) year term and two (2) members shall be appointed for a three (3) year term.

C. Any member whom is absent for three (3) consecutive meetings shall be deemed removed from their position on the Commission. New members shall be appointed in January of each appropriate year. The Town Council may re-appoint members for additional terms. Vacancies occurring, other than through the expiration of term, shall be filled to serve out the un-expired term. These appointments will also be made by the Town Council after adequate public notice has been given, announcing a vacancy position needs to be filled.

10.05.100 – QUALIFICATIONS OF COMMISSION MEMBERS

All members of the LaBarge Planning and Zoning Commission shall be qualified electors. Also, members shall have been residents within the Corporate limits of the Town of LaBarge for no less than six (6) months.

10.05.110 – ORGANIZATION

A. At the first meeting held in February of each year, the Planning and Zoning Commission shall elect a chairman, vice chairman, director and secretary from among its members. The term for each office shall be one (1) year. Officers may be re-elected for additional terms.

B. The Director shall have general authority and responsibility for the administration of the rules and regulations of the Planning and Zoning Commission as granted by the Wyoming State Statutes.

C. The Chairman shall preside at all meetings and in his/her absence, the vice chairman shall preside.

D. The Secretary shall attend Planning and Zoning meetings and keep an accurate record of all resolutions, transaction, findings and determinations made by the Planning and Zoning Commission, all of which should be available to the public.

E. The Zoning Officer shall have general authority and responsibility for the administration of the rules and regulations of the Planning and Zoning Commission as granted by the Wyoming State Statutes.

10.05.120 – FINANCES

The Planning and Zoning Commission shall serve without compensation except for reasonable expenses, which will be supported by receipts turned into the Town Hall Clerk.

10.05.130 – MEETINGS

A. The Planning and Zoning Commission shall meet monthly on the first Tuesday of each month and other times as necessary to conduct business. Public notice will also be given as per

161

the State of Wyoming’s Open Meeting requirements. Three (3) members shall constitute a quorum for the transaction of business. If any member has a financial gain or interest in any planning manner that may be reviewed by the Commission, he/she must state themselves and remove from voting on the concern that is before the Commission. As a matter of decorum, the said member should remove him/herself from the meeting entirely until such matter is decided upon.

B. Agenda type meetings will be held. Persons wishing to be on the agenda should notify the Town Clerk at least 48 hours in advance.

C. The Planning and Zoning Commission has the right of going into closed session if deemed necessary.

D. Each member of the Planning and Zoning Commission has the right to one (1) vote, unless there is a conflict of interest.

E. A minimum of three (3) members will be required to approve or disapprove a building, etc. permit.

F. The Planning and Zoning Commission may change a scheduled meeting and reschedule a meeting, but they must duly inform the public of such instance.

CHAPTER 10.10 – ADMINISTRATION AND ENFORCEMENT

10.10.010 – ENFORCEMENT RESPONSIBILITY

A. It shall be the responsibility of the Planning & Zoning Commission and its authorized agent to be known as the zoning officer to administer this zoning title.

B. It is unlawful to locate, erect, construct, reconstruct, enlarge, maintain or use any building or use any land within the incorporated area of the Town of LaBarge without first obtaining authorization from the Town council or its authorized agent. No such authorization shall be issued unless the plans for the proposed building, structure or use, fully comply with this zoning title. The planning and zoning commission or their authorized agent shall act upon any application filed with it. They shall grant authorization in all cases where the proposed construction or use complies with all requirements of the zoning title and if it denies the authorization shall specify the reasons for such denial.

10.10.020 – ENFORCEMENT AGENT

A. The planning and zoning commission, with the approval of the Town council, may appoint a zoning enforcement agent for the administration and enforcement of the provisions of this title. This agent shall be designated as the zoning officer.

B. The zoning officer shall be the authority and responsibility to enter upon public and private premises and make inspection thereof at any reasonable time and for any proper purpose of enforcing this title. Further, upon reasonable cause or question as to proper compliance, to revoke

162

any authorization and issue cease and desist orders, requiring the cessation of any construction, alteration or use which is in violation of the provisions of this title.

10.10.030 – ENFORCEMENT AND PENALTIES

A. It shall be the responsibility of the Town council and its authorized agent, the planning and zoning commission, to administer the zoning title.

B. No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or use land in violation of this title or amend thereof.

C. The planning and zoning commission shall declare each violation a nuisance and order, in writing, correction of all conditions, which are found to be in violation of this title. All violations shall be corrected in thirty days after the written order is issued or in a longer period of time as indicated by the planning and zoning commission in the written order. Any violations not corrected within the specified period of time shall be prosecuted.

D. Any person who violates this title may be punished by a fine of not more than one hundred dollars, as set to the discrepancy of the planning and zoning commission. Each day’s continuance of such violation shall be deemed to be a separate offense. In addition to the fine, any other appropriate legal action authorized by the Town council may be employed against violators of the zoning title.

CHAPTER 10.15 – ZONING DISTRICTS DESIGNATED

10.15.010 – ZONING AND BOUNDARIES

The boundaries and zoning or classifications of districts established are as shown on the official zoning map for the Town as adopted or amended after public hearings by the Town council. Such maps and all notations, references, data and other information shown thereon are, by reference, made a part of this title.

10.15.020 – ESTABLISHING DISTRICTS

In order to carry out the provisions of this title there are created zoning district classifications as follows:

Low Density Residential District R-1

Medium Density Residential District R-2

Non-Complying Mobile Homes R-3

Mobile Park MHP

Commercial District C

Industrial District I

Public Ownership PO

CHAPTER 10.20 – GENERAL PROVISIONS

163

10.20.010 – APPLICABILITY

A. Except as hereafter otherwise provided:

1. No building or structure or part thereof and no lot or land or part thereof shall hereafter be used, except in conformity with the use regulations herein prescribed. Any existing lawful use that does not conform to the use regulations of this title shall be deemed a nonconforming use;

2. No building or structure or part thereof shall be erected, structurally altered, enlarged or rebuilt except in conformity with the lot dimensions, yard coverage, height and density regulations herein prescribed;

3. Any building or structure that does not conform to such regulation hereinafter as referred to the design standards of this title shall be deemed a nonconforming structure, no matter of the use for which it is put.

10.20.020 – NONCONFORMING USES AND BUILDINGS

A. Normal maintenance and repairs of a building or other structure containing a nonconforming use is permitted; provided, it does not extend the floor are occupied by the nonconforming use.

B. Repairs and structural alterations may be made to a nonconforming building or to a building housing a nonconforming use, subject to approval by the planning and zoning commission.

C. A building or structure lacking sufficient automobile parking in connection therewith, as required by this title, may be altered or enlarged provided additional parking space is supplied to the meet the requirements of this title.

D. A building or structure or portion thereof occupied by a nonconforming use, which is, or hereafter becomes, vacant and remains unoccupied for a continuous period of one year., except for dwellings, shall not thereafter be occupied except by conforming use.

E. The occupancy of a building or structure by a nonconforming use, existing at the time this ordinance was codified may be continued.

F. A vacant building or structure may be occupied by a use for which the building or structure was designed or intended if so occupied within a period of one year after the use became nonconforming.

G. The nonconforming of a building or structure may not be changed except to a conforming use; but for which change is made, the use shall not be changed back.

H. The nonconforming use of land, existing at the time this ordinance came into effect may be continued, provided that no such nonconforming use of the land shall in any way be expanded or extended either on the same or adjoining property, and provided that if the land becomes abandoned or changed to a conforming use for a period of one year or more, any future use shall be in conformity with this title.

I. A nonconforming mobile home may be removed and replaced by another mobile home provided replacement occurs within a period of one year of the date on which the mobile home

164

was removed and meets the requirements of the Wyoming Standards Governing Mobile Home Guidelines.

10.20.030 – PREMISES TO BE CLEAN AND ORDERLY

A. It shall be the duty of every owner, manager, lessee, renter, tenant or occupant of any building, house, apartment, lot or other property to maintain said premises, including any adjacent publicly owned right-of way, as hereafter specified, in a clean and orderly condition at all times, permitting no accumulation of rubbish, trash, junk, garbage, litter, discard or unused building materials, furniture or appliances, automobile parts, inoperable or unlicensed motor vehicles or motor driven equipment, (unless such vehicles are completely screened from view and no more than three are stored on the premises), animal waste, or other debris.

B. It shall be the duty of every owner, manager, lessee, renter, tenant, or occupant of any building, house, apartment, lot or other property to cut, pull, remove or otherwise lawfully dispose of all unsightly weeds, wild grasses, noxious plants growing on said premises and right-of-way in a well maintained and attractive condition.

C. The imposed by this section to maintain adjacent publicly owned right-of-ways shall extend, in the case of paved roads, only to those portions of such rights-of-way between the adjacent property line and an imaginary line drawn parallel to said property at a distance of three feet.

D. Violations of the provisions of this section or failure to meet any duty imposed by this section shall constitute a misdemeanor offense. The imposition of any penalty for any violation will not excuse it or allow it to continue; and the violator shall be ordered to correct or remedy the violations or defects within a reasonable amount of time; each day thereafter that the prohibited condition is not corrected or remedied shall constitute a separate.

10.20.040 – CONDITIONAL USE PERMITS

A. An approved conditional use permit shall be required for each conditional use listed in this title. No building permit or other permit or license shall be issued for a conditional use permit by any officer or employee of the Town unless a conditional use permit was approved by the planning and zoning and reviewed by the Town council.

B. Application.

Application for a conditional use permit shall be filled out at the Town hall, if possible, on forms provided by the Town of LaBarge for the specific purpose.

C. Development Plan.

The applicant for a condition use permit shall prepare a site plan of the proposed condition use, drawn to scale and showing all existing and proposed buildings, utility rights-of-way, fences, landscaping, automobile parking and loading areas and any other information the planning and zoning commission may deem necessary.

D. Fee.

The conditional use permit shall be five dollars.

E. Public Hearing and Notice.

165

Unless there is a major problem with the applicability and circumstance of a conditional use permit, there will be a public hearing and notice regarding such action as to the approval in which the Town Council and The Planning and Zoning Commission will discuss the matter in full.

F. Commission Action.

The planning and zoning commission may approve, modify and approve, or deny the conditional use application. In approving any conditional use permit, the planning and zoning shall impose regulations and conditions as are necessary, to protect the public welfare.

G. In approving a conditional use permit, the Planning and Zoning Commission shall find:

1. That the proposed use is necessary or desirable and will contribute to the general well-being of the community;

2. That the proposed use will comply with the regulations of this title;

3. That the use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity;

4. That the proposed use is in harmony with the intent of this title, the master plan and any other applicable ordinances of the Town.

H. Inspection.

The building inspector shall inspect the conditional use permit during the course of construction to ensure that it complies with the conditions of the permit.

I. Time Limit.

A conditional use permit shall be null and void one year after approval unless substantial ground work has been accomplished toward its completion.

J. Revocation.

A conditional use permit may be revoked upon failure to comply with the conditions, imposed with the original approval of the permit.

10.20.050 – APPEALS

Any decision of the planning and zoning commission which does not automatically go to the Town council, may be appealed by any person aggrieved or affected by any decision of the planning and zoning commission or their authorized agent. Such appeal must be made within ten days from the date of action being appealed by filing a notice of appeal with the Town council. The planning and zoning commission shall forthwith transmit to the Town council all papers constituting the record of the action being appealed.

10.20.060 – STAYS

An appeal of a decision by the planning and zoning commission or its authorized agent shall stay all proceedings in furtherance of the action appealed, unless the planning and zoning commission or its authorized agent shall certify to the Town council, after notice of appeal has been filed with both of them, that the reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, the proceedings shall not be stayed other than by a restraining

166

order which may be granted by the Town Council of LaBarge or by a court of record on application or notice to the planning and zoning commission or its agent, and on due cause shown.

10.20.070 – LEGAL ACTION

In case any building or structure is, or is proposed to be erected, constructed, reconstructed altered, maintained or used, or land is proposed to be used in violation of any provision of this title, or any amendment thereof, the Town council and the attorney for the Town or any owner of real estate within the zoned areas, in addition to other remedies provided by law, may constitute injunction, mandates, abatement or any other appropriate action to prevent, enjoin, above or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.

10.20.080 – LIABILITY FOR DAMAGES

This title shall not be construed to hold the Town of LaBarge responsible for any damage to persons or property for reason of the inspection or re-inspection authorized in this title or failure to inspect or re-inspect for reason of issuing authorization in the administration and enforcement of this title.

10.20.040 – BUILDING PERMITS

A. Building permit applications shall be filled out by the contractor, authorized agent, or owner of the land and submitted to the planning and zoning commission Such permit becomes null and void if work or construction does not commence within ninety days.

B. The applicant for a building permit shall prepare a site plan, except where the permit concerns interior or exterior changes with no alteration of the building’s dimensions. The site plan shall be drawn to scale and show all existing and proposed buildings, utility rights-of-way, fences, landscaping, automobile parking and loading areas and any other information required. No site plan shall be accepted wherein the primary ingress and egress of a lot shall be through an alleyway.

C. Proper Procedure for Building Permits.

Obtain forms from the Town Clerk for one of the following:

1. Building Permit Instructions and Forms

2. Building Permit for Accessory Building

3. Building Permit for Mobile / Manufactured Home

4. Building Permit for Signs

5. Building Permit for Fences

6. Application for Zoning Change

7. Application for Nonconforming Use

8. Application for Conditional Use

D. There shall be a fee of five dollars for each permit, with the exception of the fence permit, which only requires you understand the rules and regulations of height and setbacks stated in the area in which you reside.

E. If construction has started without the proper permits a diligent effort should be made by the zoning officer to obtain these permits. If all efforts fail an Officer of the Law should be asked to assist in halting the construction until proper permits are obtained, and fees paid.

167

F. A copy of the Approved Building Permit should be posted at the construction site.

10.20.100 – LICENSING

All officials and public employees of the Town of LaBarge, which are vested with the duty or authority to issue permits or licenses, shall enforce the provision of this title. Any permit or license issued and used in conflict with the provisions of this title shall be null and void.

10.20.110 – BUILDING SIZE

Any residential building moved into or built within the town or shall be a minimum of fourteen feet (14') along the widest part of the structure's shortest axis and shall have a minimum of eight hundred twenty (820) square feet of livable floor space on one level. or a total livable floor space of one thousand two hundred (1,200) sq. feet.

10.20.120 – BUILDING AGE

Any building moved into the town to be placed on any lot or space, to be used with or without a permanent foundation, shall be no more than ten (10) years of age at the time of application. Construction or manufactured date of the building must be ten (10) years or less from time of application for placement in the town. Proof of construction or manufactured date must be provided at time of application.

10.20.130 – BUILDING MATERIALS AND CONSTRUCTION REQUIREMENTS

A. The following are requirements for construction and materials of residential buildings moved into the town from another location or built on site:

1. Pitched Roof, Slope: The structure shall have a pitched roof, with a slope of not less than a nominal four inch (4") vertical rise for each twelve inches (12") of horizontal run; provided however, that singlewide mobile homes are exempted so long as all other applicable HUD building requirements are met;

2. Roofing Material: Roof material shall consist of no reflective material customarily used for conventional dwelling including, but not limited to, asbestos shingles, fiberglass shingles, shake shingles, wood shingles, composition shingles, or tile materials. Roof material shall not include flat or corrugated sheet metal, except for manufactured metal roof panels; and

3. Siding: Have siding material consisting of wood or wood products, stucco, brick, rock, horizontal lap steel or aluminum or horizontal lap vinyl; or

4. Other Materials or Methods: Utilize other conventionally constructed dwelling materials or methods not meeting the above listed conditions but approved by the town's designated representative;

5. Must comply with all other standards set forth in the General Building Guidelines for the Town of La Barge.

168

CHAPTER 10.25 – R-1 LOW DENSITY RESIDENTIAL DISTRICT

10.25.010 – PURPOSE

The purpose of the R-I District is to provide appropriate locations where low-density residential neighborhoods may be established, maintained and protected. The regulations also permit the establishment, with the proper controls, of churches, schools, libraries, parks and playgrounds. The regulations are intended to prohibit those uses that would be harmful to a single-family neighborhood.

10.25.020 – PERMITTED USES

A. The permitted uses in an R-1 district are:

1. One single-family dwelling unit, which may be a double-wide mobile / manufactured home;

2. One two-family dwelling unit with a common party wall;

3. Home occupations;

4. Parks and Playgrounds.

10.25.030 – CONDITIONAL USES

A. The conditional uses in an R-1 district are:

1. Churches and Public Libraries;

2. Educational institutions;

3. Hospitals, clinics, and day care centers;

4. Public utilities and facilities.

10.25.040 – LOT AND YARD REQUIREMENTS

A. The lot and yard requirements for an R-l district are:

1. Minimum lot size, nine thousand square feet;

2. Minimum front setback, twenty-five feet;

3. Minimum side setback, ten feet;

4. Minimum rear setback, ten feet;

5. Maximum fence height on a corner lot shall be four feet high for twenty feet from the front lot line;

6. Maximum building height, thirty feet high;

169

7. Maximum accessory building height, other than an attached garage, shall be only fifteen-feet high;

B. Separation of an accessory building, other than an attached garage, from the main building shall be ten feet, twenty-five feet from the front lot line, five feet from the side lot line, five feet from the rear lot line, and fifteen feet from the street-side-side lot on a corner lot.

10.25.050 – DOUBLE-WIDE / MANUFACTURED HOME REQUIREMENTS

A. The double-wide mobile / manufactured home requirements for an R-l district are:

1. Minimum age: Five (5) years from the date of obtaining a building permit for the placement of the mobile/manufactured home;

2. Peaked roof: With a pitch of no less than 3-12;

3. Foundation: Permanent set on a concrete or cinderblock foundation with permanent anchors and no axles. The foundation shall be cement grade, or equal to or better grade, with no less than a four (4) by twelve (12) inch cement surface perimeter to support skirting, and then cinder block up to the home frame on piers. The foundation shall have a covered entryway to the underside of the mobile / manufactured home sufficient in dimensions to accommodate an adult person;

4. The siding shall be of vinyl grade, or equal to or better grade;

5. For a mobile home, the unit shall contain no less than four (4) piers of at least forty-two (42) inches in depth, installed below existing grade, with no more than twenty (20) feet between said piers.

CHAPTER 10.30 – R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT

10.30.010 – PURPOSE

The purpose of the R-2 District is to provide appropriate locations where medium density residential neighborhoods may be established, maintained and protected. The regulations also permit the establishment, with proper controls, of churches, schools, libraries, parks and playgrounds. The regulations are intended to prohibit those uses that would be harmful to a single-family neighborhood.

10.30.020 – PERMITTED USES

A. The permitted uses in an R-2 District are:

1. Single and two-family dwelling units with a common party wall;

2. Home occupations;

3. Parks and playgrounds.

170

10.30.030 – CONDITIONAL USES

A. The conditional uses in an R-2 District are:

1. Multiple dwellings;

2. Churches and libraries;

3. Educational institutions;

4. Hospitals, clinics, and day care centers;

5. Public utilities and facilities;

6. Parking lots for permitted or conditional uses;

7. Business in an accessory building;

8. Mobile or Manufactured Homes, meeting the HUD Standards as stated by the State of Wyoming. Directive no. 3280.703.

10.30.040 – LOT AND YARD REQUIREMENTS

A. The lot and yard requirements for R-2 District are:

1. Minimum lot size, 5,000 square feet for one family, 8,000 square feet for two families;

2. Minimum front setback, fifteen feet;

3. Minimum side setback, five feet;

4. Minimum rear setback, one foot with an alley, five feet without an alley;

5. Maximum fence height on a corner lot shall be four feet high for fifteen off the corner;

6. Maximum building height is thirty feet (not to exceed two stories).

10.30.050 – ACCESSORY BUILDING

A. Other than attached garage:

1. Separation from main building shall be 10 feet;

2. Front of lot line shall be 15 feet;

3. Side yard shall be 5 feet;

4. Corner lot street side-side lot shall be 10 feet;

5. Rear shall be 5 feet.

171

6. Private garages and accessory buildings located at least 10 feet behind the main building may have a rear yard of 5 feet, provided that on a corner lot rearing the side yard of another lot, the minimum rear yard for all buildings shall be 10 feet.

CHAPTER 10.35 – MINIMUM STANDARDS FOR MOBILE HOMES

ON A LOT OTHER THAN A MOBILE HOME PARK

10.35.010 – CONSTRUCTION STANDARDS: HUD

Unit shall meet all HUD Mobile home construction standards.

A.35.20 – FOUNDATION STANDARDS

A. The unit shall be placed on a permanent foundation. For a mobile home the unit shall meet all current minimum standards:

1. Minimum of 4 sets of 42” piers installed below existing grade cannot exceed a 20-foot span between span. 42” piers as per drawing.

2. 4” x 12” minimum cement perimeter to support skirting with 1/2” rebar as per drawing.

3. For a mobile home or manufactured home, the foundation will be of cement grade and then cinder block up to the home frame on piers.

10.35.030 – ANCHORING STANDARDS

The unit shall be bolted, welded or similarly attached to the foundation. It shall be anchored on all four corners.

10.35.04 – WHEELS AND HITCHES

Removal of all hitches and wheels is mandatory at the time of set up.

10.35.050 – MINIMUM CONSTRUCTION STANDARDS

A. Unit minimum construction standards:

1. It cannot be less than fourteen feet wide;

2. Must have a pitched roof must have center ridge and 4/12 pitch minimum;

3. Exterior finish, siding and matching skirting:

a. Wood siding;

b. Masonry appearing siding;

c. Siding shall be directly compared to siding used on conventionally constructed homes.

172

10.35.060 – LOT STANDARDS

A. Unit shall be placed on a lot and meet all setbacks of this zoning district.

1. Minimum lot area shall be 5,000 square feet;

2. Minimum lot width, interior lots, shall be fifty feet;

3. Corner lots shall he large enough to meet all setback requirements.

10.35.070 – ACCESSORY BUILDINGS IN R-2 DISTRICTS

Accessory buildings must be located ten feet from the main building in R-2 Districts, and five feet from the rear, ten feet from the street side-side lot on a corner, and five feet off the side otherwise.

10.35.080 – ACCESSORY BUILDINGS: OTHER THAN ATTACHED GARAGE

A. Accessory Building, other than the attached garage:

1. Separation from main building shall be 10 feet;

2. Setback from the front of the lot line shall be 15 feet

3. Setback from the side yard shall be 5 feet;

4. Corner lot street side-side lot setback shall be 10 feet;

5. Rear setback shall be 5 feet from the lot line;

a. Private garages and accessory buildings located at least 10 feet behind the main building may have a rear yard of 5 feet provided that on a corner lot rearing the side yard of another lot, the minimum rear yard setback for all buildings shall be 10 feet.

CHAPTER 10.40 – R-3 MOBILE HOMES WHICH DO NOT COMPLY

IN ZONES 1 AND 2

10.40.010 – PURPOSE

In order to provide for medium density, of mobile homes that do not meet the standards of Zones I and 2, in the Town, therefore has been established an R-3 District to suit those needs.

10.40.020 – MINIMUM LOT AREA

A. Unit shall be placed on a lot and meet all setbacks of this zoning district.

1. Minimum lot area shall be 4,000 square feet

2. Minimum width shall be forty feet;

3. Corner lots shall be large enough to fit all setback requirements.

173

10.40.030 – PERMITTED USES

A. The permitted uses in R-3 are:

1. Single family, mobile/manufactured homes;

2. Public parks and playgrounds;

3. Customary accessory structures and uses.

B. Overhead power, cable TV, transmission, and telephone lines will be placed or permitted only on the side and rear yard lot lines.

10.40.040 – SPECIAL USES

A. The following uses are permitted upon written approval by the planning and zoning commission:

1. Day care centers;

2. Home occupations;

3. Public utilities and facilities.

10.40.050 – MINIMUM HUD STANDARDS

For mobile homes, unit shall meet all HUD mobile home construction standards.

10.40.060 – LOT AND YARD REQUIREMENTS

A. The lot and yard requirements for R-3 District are:

1. Main building 15 feet high, accessory building 10 feet high;

2. Main building shall be 15’(feet)from the front, 5’ (feet) from the side; corner or street side shall be 10’ (feet), and 5’ (feet) off the rear lot lines;

3. Accessory building shall be 15’ (feet) from the front, 1’ (foot) from the side; corner or street side shall be 10’ (feet), and 1’ (foot) off the rear lot line;

4. Fences shall be 4’ (feet) high in the front and may be 6’ (feet) high on the side and the rear.

CHAPTER 10.45 – MHP - MOBILE HOME PARK

10.45.010 – PURPOSE

This district is intended to allow for mobile homes in a planned environment. This section contains special development standards similar to the state. In addition to these regulations, all mobile home parks must comply with all applicable state standards and secure all necessary state approvals prior to requesting final approval by the Town of LaBarge.

174

10.45.020 – PERMITTED USES

A. The permitted uses for a mobile home park are:

1. Mobile homes in a mobile home park that comply with all of the provisions of these regulations and the subdivision regulations of the Town may have a home occupation.

10.45.030 - CONDITIONAL USES

Public utilities and facilities.

10.45.040 – DEFINITIONS

A. For the purpose of this title:

Approved: acceptable to the health authority following his/her determination as to conformance with these standards and good public health practice.

Health Officer: as used in this title, means the administer of the Division of I-Health and Medical Services, Wyoming Department of Health and Social Services, or his/her authorized representative.

Mobile Home: a structure so constructed as to permit its being conveyed upon a public street or highway and constructed in such a manner as will permit year-round occupancy therefore as a dwelling. Such unit’s overall length shall be thirty feet or more. A structure having a flush toilet, bath or shower and all other home facilities.

Person: a person, firm, corporation or association.

Tent Trailer: a vehicle less than twenty feet in length with an expandable closure of canvas, fabric or metal constructed in such a manner that temporary facilities for sleeping or dwelling are provided.

Travel Trailer: a vehicle used and so constructed as to permitted its being used as a conveyance upon public streets and highways and duly licensable as such, made in such a manner as will permit occupancy thereof as a temporary or seasonal dwelling.

Truck Camper: any vehicle used or so constructed as to permit its being conveyed upon public streets and highways and duly licensed as such, constructed in such a manner that temporary facilities for dwelling or sleeping are provided upon the frame or bed of such vehicle. Such facilities may be either permanent or temporarily attached.

Unit Space: a designated plot of ground within a mobile home park for the accommodation of one unit of a pre-designed type.

10.45.050 – PLANS AND SPECIFICATIONS

A. No corporation, association, firm or person shall construct a mobile home park as defined in these standards without written approval of the Town and health officer. One copy of the

175

complete plans and specifications for the construction and operation of the proposed mobile home park shall be submitted to the Town for review in accordance with the Towns procedures and shall be submitted to the Division of Health and Medical Services, Environmental Surveillance and Control Services, Wyoming Department of Health and Social Services, Cheyenne, WY. At least forty-five days prior to the proposed date for bid letting or construction starts. All plans shall show the following:

1. The site area dimensions and boundaries of the site;

2. The number, location, size, and designated use of all unit spaces, plus designation of specific uses. Information related to recreation, solid waste disposal, insect and rodent control;

3. The location and width of surface materials of roadway and walkways;

4. The location of service buildings, if provided, plus any other structures (storage buildings, garbage and trash, etc.);

5. Proof of current approval or permit to construct the water supply system, sewage collection, and disposal system from the Department of Environmental Quality;

6. Plans and specifications of all other structures to be constructed or existing within the mobile home park;

7. Statement of compliance with the Town building, zoning and health approvals shall accompany the plans to the appropriate state agency. Construction shall not deviate from the submitted plans and specifications without additional review by the Town and state.

10.45.060 – PERMITS

A. It is unlawful for any person to operate a mobile home park in the Town who does not possess a valid Town permit and one from the health officer. Such a permit shall be posted in a conspicuous site. Only persons whom comply with the requirements of these standards shall be entitled to receive and retain this permit. Annual permits are issued by the state commencing each May 1St and shall remain in force until April 30th of the ensuing year. Such permits must be received to continue operating in the Town. The following actions will result in the loss or non-issuance of a permit:

1. Permits shall not be transferable from one person to another person or to a different location than the originally issued;

2. Issuance of permits. Any person, firm, or corporation desiring to operate a mobile home park shall make written application for a permit on forms provided by the Division of Health and Medical Services. Prior to issuance of the permit the mobile home park shall be inspected to determine compliance with the provisions of these standards. No permit shall be issued if the standards are not complied with;

3. The permit may be temporarily suspended by the health officer upon violation by the holder of the terms of these standards or revoked after an opportunity for a hearing by the health officer upon serious or repeated violations;

176

4. No mobile home park, following temporary suspension or no issuance of a permit for noncompliance of the standards, shall operate in excess of thirty days. If conditions indicate, special consideration may be granted a mobile home park that has indicated willingness and intent to achieve total compliance with the standards, a temporary permit may then be issued. Such temporary permit shall be for a specified time. No additional extension shall be granted for reasons of further noncompliance. NOTE: Special investigations may be initiated upon complaint and action may then be taken to abate potential and actual health hazards through the office of the county attorney;

5. After the receipt of a satisfactory application, accompanied by a statement signed by the applicant to the effect that the violated provision or provisions of these standards have been confirmed with, the health officer shall make a re-inspection, and thereafter as many additional re-inspections as he/she deem necessary to assure that the applicant is again complying with requirements; and, in case the findings dictate compliance, shall reinstate the permit.

10.45.070 – INSPECTION OF MOBILE HOME PARKS

At least once every 12 months, the health officer will inspect every mobile home park located within the Town. In the case of discovering a violation of any item of these standards, a second inspection after a lapse of time which he/she deems necessary for the defects to be remedied. If upon subsequent inspection of any mobile home park, the health officer finds violations have not been corrected which have previously been brought to the attention of the owner or operator, he shall then give a second notice in writing to the person to whom the permit was issued that upon any consecutive violation of the same item on a third inspection shall necessitate immediate suspension of the permit.

10.45.080 – GENERAL PROVISIONS WHICH APPLY TO MOBILE HOME PARKS

A. Mobile home park areas shall be graded and well drained.

B. The mobile home park shall be well lighted.

C. Each mobile unit shall have its boundaries clearly defined and contain a minimum of three thousand square feet. The minimum width of the unit shall be thirty feet.

D. Each unit shall abut upon a driveway not less than twenty-four feet in width which shall have unobstructed access to a public street or highway.

E. Mobile homes shall be located on unit space designated for such use.

F. Provision shall make for adequate all-weather walkways to each unit. Parking for at least one vehicle.

G. A sanitary station shall be provided within every mobile home park that provides units or facilities for travel trailers and truck campers.

177

10.45.090 – WATER SUPPLY SAMPLING

Sampling for bacteriological (chemical examination required only once) examination shall be submitted regularly and routinely at the rate of not less than four times per year, while the mobile home park is operating. All mobile homes shall be connected to the Town water supply.

10.45.100 – REGISTRATION OF OCCUPANTS

Every mobile home park owner or operator shall maintain a register containing a record of all mobile homes, travel trailers, and truck campers using the mobile home park. The register shall be kept current.

10.45.110 – REFUSE DISPOSAL

A. All mobile homes shall be connected to the town sewer system.

B. The storage, collection and disposal of refuse shall be in such a manner as to avoid creating an insect or rodent harborage, health hazard, or odor nuisance and shall be approved by the health officer.

C. Refuse containers shall be provided in adequate numbers with one hundred feet of each unit space and shall be provided with protection from animals, insects, and rodents.

D. Garbage shall be collected and disposed of a minimum of once a week and more often if needed.

E. Every mobile home park shall be kept free of rubbish and maintained in a sanitary condition at all times.

F. All harborages for rodents and insects shall be eliminated and prevented.

G. Flies and mosquitoes shall be controlled by active control measures.

10.45.120 – TRAVEL TRAILER AND TRUCK CAMPERS

This section applies only to temporary sleeping and living accommodations for seasonal work or recreation.

CHAPTER 10.50 – C - COMMERCIAL DISTRICT

10 50.010 – PURPOSE

This district is intended for the purpose of grouping those retail, commercial, institutional and office uses necessary for a central business district serving a major trade area.

10.50.020 – PERMITTED USES

178

A. The following uses may be operated as permitted uses in the district, those uses not listed here shall not be permitted without receiving conditional use approval. The permitted uses are:

1. Retail neighborhood stores, including grocery stores, frozen food lockers, delicatessens, bakeries, ice cream shops, cafes, restaurants, barber shops, beauty parlors, shoe repair shops, drug stores, variety stores, jewelry stores, electrical appliance stores, radio stores, fix-it shops, art and photography stores, service stations, automobile supply shops, theaters, milliners, clothing stores, sporting goods, dry cleaning shops, dyeing shops, serve yourself laundries, telephone and telegraph exchange buildings, hardware stores, furniture stores, and other retail uses of a nature similar to those above specified. Stores for the conduct of retail or wholesale business, not including warehouses; provided that such stores do not give rise to dust, odor, noise, fumes, smoke, gas, wastes or to danger of explosion;

2. Dance halls, nightclubs, saloons, bowling alleys, pool and billiard rooms, enclosed shooting galleries and skating rinks;

3. Funeral establishments;

4. Dancing schools, music schools, business schools, and trade schools;

5. Pet shops, taxidermy shops, radio broadcasting stations, ice delivery stations, electrical shops, newspaper and printing shops, and other uses of a similar nature which do not give rise to dust, odor, noise, fumes, smoke; gas, or to danger of explosion.

10.50.030 – CONDITIONAL USES

A. The conditional uses allowed in the C commercial district are:

1. Churches and public libraries;

2. Educational institutions;

3. Hospitals, clinics and day care centers;

4. Public utilities and facilities;

5. Other general retail uses not listed as a permitted use;

6. One single-family dwelling wholly contained within the commercial structure or one mobile home exclusively for the use of the owner of the lot and structures or caretaker employed on the premises by the owner.

10.50.040 – LOT AND YARD REQUIREMENTS

A. The lot and yard requirements for the C Commercial District are:

1. Minimum lot size, none;

2. Minimum front setback, none;

3. Minimum side setback, none;

179

4. Minimum rear setback, none;

5. Maximum building height, thirty feet, not to exceed two stories.

CHAPTER 10.55 – I - INDUSTRIAL DISTRICT

10.55.010 – PURPOSE

This district is intended to allow a compatible mixture of industrial uses, which do not require excessively intensive land coverage, generate large volumes of traffic or create obnoxious sounds, glare, dust or odors. There are no permitted uses within this district because of the small geographic area of the Town and the fact that any approved location for an industrial use would be adjacent to or near residential areas. All proposed industrial uses must be reviewed separately by the Town of LaBarge through the conditional use process.

10.55.020 – CONDITIONAL USES

A. The conditional uses which may be allowed in an I industrial district are:

1. Any use permitted in a commercial district;

2. The manufacture and maintenance of billboards and commercial advertising;

3. Foundry casting of light nonferrous metal not causing noxious fumes or odor;

4. Machine shop or other metal-working shop;

5. Concrete or cement products manufacture;

6. Restricted acetylene gas manufacture or bulk storage, provided all hazardous liquids are securely stored within the building;

7. Public garages, automobile trailer, airplane or boat sales rooms or lots, and commercial parking areas;

8. Veterinary hospitals;

9. Water hauling businesses, roustabout businesses, equipment rental and other oil-field-related industries;

10. Any other trade, industry, or use that would be injurious, hazardous, noxious or offensive to an extent equal to or greater than those enumerated herein.

10.55.030 – LOT AND YARD REQUIREMENTS

A. The lot and yard requirements for I Industrial District are the same as in the commercial district.

1. Building height shall only be thirty feet high.

180

CHAPTER 10.60 – PO - PUBLIC OWNERSHIP DISTRICT

10.60.010 – PURPOSE

The purpose of the P0 Public Ownership District is to provide a coordinated land planning approach to the sale, rent, lease, purchase, management or alteration of publicly owned or operated property. Notwithstanding those public uses permitted elsewhere in this code, the P0 district is primarily concerned with although not limited to the enlightened planning of parks and recreation areas, public buildings and facilities, other capital improvements of a distinctively significant nature, and the coordination with other public agencies in their future land planning efforts.

10.60.020 – PERMITTED USES

A. The permitted uses in the P0 district are:

1. Public and private utility services;

2. Government services such as fire and police stations (jail), libraries, Town offices and post offices;

3. Education institutions;

4. Public owned and operated parks and recreational areas.

CHAPTER 10.65 – VARIANCES

10.65.010 – INTENT AND PURPOSE

When practical difficulties, unnecessary hardships or results inconsistent with general intent and purpose of this ordinance occur through the strict application of the provisions here to the parcel, group of parcels or lot affected by a common problem, the planning and zoning commission, in its capacity of an advisory commission to the Town of LaBarge Council shall review all variance applications. The planning and zoning shall approve/disapprove all applications and recommend terms and conditions as it deems necessary and proper as may be in harmony with its general intent and purpose, so that the spirit of the ordinance shall be observed, public safety and general welfare secured, and substantial justice done. The Town council shall act on the application and may accept the recommendations of the planning and zoning commission when making a decision to approve/disapprove the application.

10.65.020 – RESPONSIBILITY OF APPLICANT

A. Applications should be filed by the owner or authorized agent upon forms provided by the LaBarge Town Clerk. The application shall set forth and state fully the reasons and ground of the variance and shall contain such information as the planning and zoning shall prescribe. Accompanying the application shall be the following:

181

1. A map showing the property described in the application and adjoining properties and public streets and highways within a radius of 300 feet of the exterior boundaries;

2. A list of all the property owners whose name and addresses appear on the County tax roll as owning property within a distance of 300 feet of the exterior boundaries;

3. Photographs, drawings and other supporting documents as may be required by the planning and zoning commission.

B. Filing Fee.

An applicant must pay a fee, which will be established by the Town council.

C. Proof.

An applicant must have written proof from all property owners within 300 feet of the requested variance, including addresses, names, and whether they approve or disapprove of the requested variance.

10.65.030 – PUBLIC HEARING

A. The planning and zoning commission shall hold a public hearing upon the application of a variance. Which they will employ-the following factors to base their decision:

1. That because of the special circumstance or unusual hardships applicable to the subject property, including size, shape, topography, location or surroundings the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications;

2. That such conditions have been imposed upon the approval of the variance as will insure that the variances thereby authorized does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which it is located;

3. That approval of the variance will not be detrimental to the public welfare or injurious to property and improvements in the zone and vicinity in which the property is located;

4. That the approval of the variance will not adversely affect the comprehensive general plan;

5. An onsite inspection shall have been made by the commission or its authorized representative.

B. The planning and zoning commission may approve a variance in whole or in part, by the findings of the hearing, if there is not enough information from said hearing the planning and zoning commission has the right to deny such application for the variance.

C. Every action taken by the planning and zoning commission must have a quorum present to vote on any issue brought before them.

182

10.65.040 – CONDITIONS OF VARIANCE

A. The P&Z Commission in approving a variance, may set forth in its decision reasonable terms and conditions which it deems necessary to protect the health, safety and welfare of the community and to insure the intent and purpose of this ordinance.

B. Every variance from the provisions of this ordinance approved by the planning and zoning commission as authorized by this section, shall contain a condition thereon as follows:

“This variance hereby allowed is conditioned upon the privileges herein being utilized within 180 days after the effective date, and should the privileges authority hereby fail to be executed where some form of construction has not commenced within 180 days and is not diligently prosecuted to completion, this authority shall become null and void and any privilege or variance granted hereby shall lapse unless such variance has not been commenced by reason of delays caused by approval of plan, in which the planning and zoning may grant a reasonable extension of time; provided, however, that the P&Z may, in its discretion and with consent or upon request of the applicant for any cause grant an extension in addition to 180 days it has already provided. Such request shall be filed with the Town clerk prior to the 180-day deadline.”

C. If approved the planning and zoning commission shall notify the Town clerk and have the variance request put on the agenda of the next Town council meeting.

D. If disapproved the planning and zoning shall notify the Town clerk of its findings, reasons for disapproval, and request the applicant be notified. The applicant shall be informed of the right to approach the Town council with the application.

10.65.050 – RESPONSIBILITY OF THE TOWN COUNCIL

A. At the first public meeting after the P&Z meeting, the council will review all variances approved the P&Z and make the final decision on approving/disapproving the variance, taking into the recommendations of the P&Z and any other pertinent facts presented to them.

B. If an applicant approaches the Town Council with a variance application that has been denied by the P&Z, the council shall review the recommendation and hear any plea made by the applicant, then make a final decision of approval/disapproval.

10.65.060 – APPEALS

A. Written appeals may be presented to the Town council by the applicant for a variance or by any property owner located within 300 feet of the exterior boundaries of the applicant’s property aggrieved by any determination of the variance or upon failure of the planning and zoning commission to make its determination on any application by or at the next P&Z meeting.

B. Appeal of a decision by the P&Z is to be made to the LaBarge Town Council. Appeals shall be in writing and to be filed at the office of the Town council, within ten working days after the decision of the planning and zoning commission.

C. The Town Council shall hold a public meeting as required by the state statutes.

183

10.65.070 – REVOCATION OF VARIANCES

A. A variance may be revoked or modified by the Town Council after a public hearing on any one or more of the following grounds:

1. That the approval was obtained by fraud;

2. That the use for such approval was granted is not being exercised within the time specified for the permit;

3. That use for such approval was granted for no longer exist or has ceased, or has been suspended for (1) one year or more;

4. That the permit granted is being, or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, resolution, law, or regulation;

5. The use for which the approval was granted has been so exercised as to be detrimental to the public health, safety, welfare, or so as to constitute a nuisance.

B. Written notices of intention to revoke shall be mailed to the owners of the property and the occupants of the property not less than 15 days from the date of the public hearing.

C. In the event of revocation by the Town Council, the applicant may appeal in the same manner as an appeal from a denial of a variance in the first instance.

CHAPTER 10.70 – GARAGES AND ACCESSORY BUILDINGS

10.70.010 – PURPOSE

The purpose of this section is to give guidelines for the intent of citizens within the Town limits to construct a garage or accessory building.

10.70.020 – GARAGES

A. Minimum requirements for all garages shall be as follows:

1. The concrete pad shall have a depth of at least 4 inches of concrete with the requirement of 3000 psi. A 6-inch footer around the perimeter, with the exception of doorways, 1/2” anchor bolts every 4-foot minimum to secure against high wind velocity. The garage must be painted or sided to match the existing building.