* Ordinance 1044 added unnumbered prior code sections.

Pursuant to the terms and conditions established in this chapter, the director of public works (hereafter director) may issue to owners of golf courses which abut county highways permits to establish and maintain crossings over such highways for the use of golf carts. The owners may be permitted to erect, maintain and use warning and safety devices. (Ord. 1044 § 1 (part), 1980)

A. Before granting any permit as described in Section 5.06.010, the director shall make an investigation of the site or sites at which an owner of a golf course proposes to install a crossing or crossings, as the case may be, and he shall grant a permit for the establishment of the crossing or crossings and warning and safety devices only if he finds:

1. That no reasonable alternative to the establishment of the crossing or crossings over the county highway exists; and

2. That the installation and use of any proposed crossing or crossings, warning and safety devices will not constitute an unreasonable interference with the right of the public to use the highway for highway purposes; and

3. That the installation and use of any such crossing or crossings, warning and safety devices will not create any hazard to persons using the highway or the crossing or crossings.

B. If the director determines that any proposed crossing or crossings, warning and safety devices proposed to be installed by the owner do not, as proposed, satisfy the requirements of subdivisions 2 and 3 of subsection A of this section, he may nevertheless, upon acceptance by the owner of modifications which satisfy subdivisions 2 and 3 of the owner’s proposal as to the location or type of crossing or crossings or warning and safety devices recommended by the director, grant the permit described in Section 5.06.010.

C. The director shall require that crossings, warning and safety devices shall be placed so as to achieve the highest possible visibility and permit adequate response time considering the terrain, grade, flow of traffic and carts, and normal highway use. (Ord. 1044 § 1 (part), 1980)

Every permit as described in Section 5.06.010, issued under the provisions of this chapter shall be in writing and shall be signed by the mayor and the owner or the authorized representative of the owner and shall constitute an undertaking by the county to permit the establishment, maintenance and use of the crossing or crossings, warning and safety devices within the affected county highway area and an undertaking by the owner to abide by or satisfy, as the case may be, the following terms and conditions:

A. That all expenses incurred or to be incurred, directly or indirectly, in connection with the installation, maintenance, operation or modification of the crossing or crossings, warning and safety devices and such other safety devices as may be determined, from time to time, to be necessary by the director, shall be the sole responsibility of the owner;

B. That the owner shall indemnify, defend and save harmless the county from any and all liability for property damage, personal injury or otherwise which arises or may arise from the operation, maintenance or use of the crossing, crossings, warning and safety devices;

C. That all crossings, warning and safety devices shall be subject to inspection by the director and may not be installed, operated, or maintained without the approval of the director. Approval by the director of the crossings, warning and safety devices shall not be deemed to be an acceptance by the county of the crossings or devices;

D. That the public shall be permitted to use the golf course serviced by the crossings upon payment of reasonable green fees;

E. That the permit is subject to revocation or modification at any time by the county upon sixty days written notice to the owner except in cases of emergency when no notice shall be required. All expenses attributable directly or indirectly to removing the crossings, warning, or safety devices or to modifying them shall be the sole responsibility of the owner;

F. That the construction of the crossings for purposes of ingress and egress within the area between the pavement of a street and the owner’s property shall be done in conformity with the provisions of Chapter 12.08 relating to driveways, unless the director determines that modifications of the requirements are necessary to assure safety to persons or property;

G. That transfer of the permit may not be made except to a new owner of the golf course and only then if such new owner, in writing, agrees to all of the terms and conditions contained in the permit;

H. That the permit shall become effective upon approval by the council by resolution. (Ord. 1044 § 1 (part), 1980)