On the agenda: Lincoln Ordinance Sub Committee - November — flock safety (Nov 16)

Town of Lincoln
Ordinance Committee Meeting
November 16, 2026 at 6:30 PM
Lincoln Town Hall
AGENDA
A.

Call to Order
6:30 PM Meeting called to order on November 16, 2026 at Lincoln Town Hall,
100 Old River Road, Lincoln, RI.
This meeting will be held as a hybrid meeting, with the Council meeting in person
and the public may participate in person or by utilizing the web streaming
available on www.lincolnri.gov, and emailing comments to
[email protected]. Streaming of the meeting is not always guaranteed.

B.

Approval of Previous Meeting Minutes
1.

C.

Minutes of October 19, 2026

Resolutions for Review
1.

D.

2026-21
Resolution establishing a subcommittee to study the potential
implementation of flock safety cameras and develop a
comprehensive policy for their use
History:
Date
Meeting Body
Action
10/20/2026
Town Council
Referred to
Committee

Ordinances for Review
1.

2025-13
Zoning Ordinance Amendment: Section 260-32 - Additional Residential
Requirements & Access Easement Deed and Agreement
History:
Date
Meeting Body
Action
08/19/2025
Town Council
Referral to Committee
09/09/2025
Ordinance Sub
Deferred in Committee
Committee
10/20/2025
Ordinance Sub
Deferred in Committee
Committee
Page 1 of 19

11/17/2025
12/15/2025
01/20/2026
02/09/2026
03/16/2026
04/20/2026
05/18/2026
06/15/2026
08/17/2026
09/14/2026
10/19/2026

Ordinance Sub
Committee
Ordinance Sub
Committee
Ordinance Sub
Committee
Ordinance Sub
Committee
Ordinance Sub
Committee
Ordinance Sub
Committee
Ordinance Sub
Committee
Ordinance Sub
Committee
Ordinance Sub
Committee
Ordinance Sub
Committee
Ordinance Sub
Committee

Deferred in Committee
Deferred in Committee
Deferred in Committee
Deferred in Committee
Deferred in Committee
Deferred in Committee
Deferred in Committee
Deferred in Committee
Deferred in Committee
Deferred in Committee
Deferred in Committee

2.

2026-10
Amendment to Section 183-8 Violations and penalties in the Parks &
Recreation Chapter
History:
Date
Meeting Body
Action
06/16/2026
Town Council
Referred to
Committee
08/17/2026
Ordinance Sub
Deferred in
Committee
Committee
09/14/2026
Ordinance Sub
Deferred in
Committee
Committee
10/19/2026
Ordinance Sub
Deferred in
Committee
Committee

3.

2026-15
Amendment to Chapter 175-12; Construction and Demolition
History:
Date
Meeting Body
Action

Page 2 of 19

10/20/2026

E.

Public Comment

F.

Adjourn

Town Council

Page 3 of 19

Referred to
Committee

Town of Lincoln
Ordinance Committee Meeting
October 19, 2026 at 6:30 PM
Lincoln Town Hall
MINUTES
A.

Call to Order
6:30 PM Meeting called to order on October 19, 2026 at Lincoln Town Hall, 100
Old River Road, Lincoln, RI.
This meeting will be held as a hybrid meeting, with the Council meeting in person
and the public may participate in person or by utilizing the web streaming
available on www.lincolnri.gov, and emailing comments to
[email protected]. Streaming of the meeting is not always guaranteed.
Members Present:
Kenneth Pichette
Bruce Ogni
Anthony DeSisto, Town Solicitor
Philip Gould, Town Administrator
Members Excused:
Arthur Russo, Jr.

B.

Approval of Previous Meeting Minutes
1.

C.

Minutes of September 14, 2026
ACTION:
Motion to approve by Bruce Ogni second by Ken
Pichette;
Motion passed with a 2:0
AYES:
Bruce Ogni, Ken Pichette
NOES:
None
ABSTAIN:
None

Ordinances for Review
1.

2025-13
Zoning Ordinance Amendment: Section 260-32 - Additional Residential
Requirements & Access Easement Deed and Agreement
History:
Date
Meeting Body
Action
08/19/2025
Town Council
Referral to Committee

Page 4 of 19

09/09/2025
10/20/2025
11/17/2025
12/15/2025
01/20/2026
02/09/2026
03/16/2026
04/20/2026
05/18/2026
06/15/2026
08/17/2026
09/14/2026

ACTION:

AYES:
NOES:
ABSTAIN:
ACTION:

AYES:
NOES:
ABSTAIN:
2.

Ordinance Sub
Committee
Ordinance Sub
Committee
Ordinance Sub
Committee
Ordinance Sub
Committee
Ordinance Sub
Committee
Ordinance Sub
Committee
Ordinance Sub
Committee
Ordinance Sub
Committee
Ordinance Sub
Committee
Ordinance Sub
Committee
Ordinance Sub
Committee
Ordinance Sub
Committee

Deferred in Committee
Deferred in Committee
Deferred in Committee
Deferred in Committee
Deferred in Committee
Deferred in Committee
Deferred in Committee
Deferred in Committee
Deferred in Committee
Deferred in Committee
Deferred in Committee
Deferred in Committee

Motion to discuss by Bruce Ogni second by Ken
Pichette;
Motion passed with a 2:0
Bruce Ogni, Ken Pichette
None
None
Motion to defer by Bruce Ogni second by Ken
Pichette;
Motion passed with a 2:0
Bruce Ogni, Ken Pichette
None
None

2026-10
Amendment to Section 183-8 Violations and penalties in the Parks &
Recreation Chapter
History:
Date
Meeting Body
Action
06/16/2026
Town Council
Referred to
Committee
Page 5 of 19

08/17/2026
09/14/2026

ACTION:

AYES:
NOES:
ABSTAIN:
ACTION:

AYES:
NOES:
ABSTAIN:
D.

Ordinance Sub
Committee
Ordinance Sub
Committee

Deferred in
Committee
Deferred in
Committee

Motion to discuss by Bruce Ogni second by Ken
Pichette;
Motion passed with a 2:0
Bruce Ogni, Ken Pichette
None
None
Motion to defer by Bruce Ogni second by Ken
Pichette;
Motion passed with a 2:0
Bruce Ogni, Ken Pichette
None
None

Public Comment
Sam Kennedy Smith of 387 Front Street spoke on ebikes.
There was no one else wishing to speak during public comment.

E.

Adjourn
ACTION:

AYES:
NOES:
ABSTAIN:

Motion to adjourn the meeting by Bruce Ogni second by
Ken Pichette;
Motion passed with a 2:0
Bruce Ogni, Ken Pichette
None
None

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A RESOLUTION ESTABLISHING A SUBCOMMITTEE TO STUDY THE POTENTIAL
IMPLEMENTATION OF FLOCK SAFETY CAMERAS AND DEVELOP A
COMPREHENSIVE POLICY FOR THEIR USE
WHEREAS, the Town Council recognizes its responsibility to promote public safety, protect the
rights and privacy of residents, and ensure that emerging technologies used by the Town are
implemented in a transparent, accountable, and responsible manner; and
WHEREAS, Flock Safety cameras and related automated license plate reader technology may
provide law enforcement with tools to assist in criminal investigations, identify vehicles associated
with criminal activity, and support efforts to enhance public safety; and
WHEREAS, the potential implementation of such technology raises important considerations
regarding privacy, data collection and retention, access to information, sharing information with
outside agencies, cybersecurity, oversight, public transparency, and the appropriate use of
collected data; and
WHEREAS, the Town Council believes that a thorough review of the technology, its potential
benefits and limitations, associated costs, and applicable legal requirements should take place
before the Town makes a decision regarding its implementation; and
WHEREAS, the Town Council finds that establishing a subcommittee to examine these matters
and develop recommendations for a comprehensive policy would provide the Council and the
public with an informed basis for future decision-making;
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of [Town Name]
hereby establishes a Flock Safety Camera Study and Policy Subcommittee for the purpose of
evaluating the potential implementation of Flock Safety cameras and developing a proposed policy
governing their use within the Town.
Section 1. Purpose and Responsibilities
The Subcommittee shall:
1. Evaluate the technology and its intended use, including the potential public safety
benefits, operational capabilities, limitations, and alternatives to Flock Safety cameras.
2. Review financial and contractual considerations, including equipment and installation
costs, recurring subscription fees, maintenance expenses, contract terms, renewal
provisions, and funding sources.
3. Develop privacy and data protection standards, including policies governing data
collection, retention and deletion, access controls, audit logs, cybersecurity, and safeguards
against unauthorized use.
4. Establish guidelines for access to and sharing of data, including the circumstances under
which local law enforcement and other authorized agencies may access information, the
conditions for sharing information with outside agencies, and appropriate restrictions on
third-party access.

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5. Examine oversight and accountability measures, including supervisory approval where
appropriate, periodic audits, reporting requirements, complaint procedures, and
consequences for violations of the adopted policy.
6. Review applicable federal and state laws, including laws and regulations relating to
privacy, public records, law enforcement practices, data security, and records retention.
7. Provide for public engagement and transparency, including opportunities for residents
to express their views, consideration of community concerns, and public presentation of
the Subcommittee's findings and recommendations.
8. Consider appropriate restrictions and safeguards, including prohibitions against
unauthorized surveillance, personal or political misuse, and uses inconsistent with the
adopted policy or applicable law.
9. Prepare a proposed written policy addressing the authorized purposes, permitted uses,
limitations, oversight mechanisms, and ongoing review of any Flock Safety camera system
implemented by the Town.
10. Submit recommendations to the Town Council concerning whether to proceed with
implementation and, if so, under what conditions, safeguards, and oversight requirements.
Section 2. Membership
The Subcommittee shall consist of [five (5)] members appointed by the Town Council and shall
include, where practicable, representation from the following:
•
•
•
•
•

One or more members of the Town Council.
A representative of the Police Department.
A representative with knowledge of municipal legal matters or data privacy.
A resident or community representative.
Such additional members as the Town Council deems appropriate.

The Town Council shall designate a chairperson. The Subcommittee may request input from the
Town Administrator, Town Solicitor, Police Chief, information technology personnel, and other
relevant officials or subject-matter experts as needed.
Section 3. Meetings and Public Participation
The Subcommittee shall meet as necessary to fulfill its responsibilities. Meetings shall be
conducted in accordance with applicable open meetings laws and other legal requirements. The
Subcommittee shall provide reasonable opportunities for public input and shall maintain records
of its proceedings and recommendations as required by law.
Section 4. Deliverables and Timeline
The Subcommittee shall report its progress to the Town Council. The timeline should correspond
with the 2027 State of Rhode Island legislative session, as the State may be considering a statewide
policy.
Section 5. No Authorization for Implementation

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The establishment of this Subcommittee shall not constitute authorization to install, activate, or
enter into a contract, or amendment thereto, for Flock Safety cameras. Any decision to implement
the technology shall remain subject to further action by the Town Council, applicable procurement
requirements and adoption of any necessary policies.
Section 6. Reporting and Council Action
Upon receipt of the Subcommittee's final report, the Town Council shall consider the findings and
recommendations at a duly noticed public meeting and determine what further action, if any, is
appropriate.

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§ 260-32 Additional Residential Requirements
A.
In any residential district, the parking or storage of commercial vehicles over 10,000
pounds of gross vehicle weight and/or storage is directly related to an accessory or a
permitted use or legal nonconforming use on the premises. The parking or storage of any
commercial vehicles labeled for a business use shall not be allowed in any residential
district, unless permitted by a nonconforming use, except when registered to the property
owner.
B.
No unregistered, unserviceable, discarded, worn-out or junked automobile, truck or
trailer of any kind or type, or body, engine, part or accessory shall be parked or stored on
any residentially zoned property other than in a completely enclosed building in excess of
three months.
C.
Parking or storage of any vehicle or the storage of any temporary or permanent
structures by residents shall not be permitted on Town owned property, utility easements,
or any other non-privately owned land.
D.
“Parking Areas” and “Parking Facilities” as set forth in § 260-31 are prohibited in all
residential zones.

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ACCESS EASEMENT DEED AND AGREEMENT
Grantor: TOWN OF LINCOLN, A RHODE ISLAND MUNICIPALITY
Grantee:
Property Address: Benefited Land:
Burdened Land: Assessor’s Plat 13 Lot 380
The GRANT OF ACCESS EASEMENT is entered into on this ____ day of ______ 2024
by and between the Grantor, THE TOWN OF LINCOLN, A RHODE ISLAND
MUNICIPALITY, of 100 Old River Road, Lincoln, Rhode Island 02865, (the
"Landowner") and the Grantee,
,of
, RI
(the “Easement Holder”).
RECITALS
A. The Landowner is the sole owner of certain real estate in the Town of Lincoln, County
of Providence and State of Rhode Island, which is set forth on Assessor’s Plat 12 Lot 380
(the “Burdened Property”).
B. The Easement Holder is the owner of certain real estate in the Town of Lincoln,
County of Providence and State of Rhode Island, which is set forth on Assessor’s Plat 12
Lot
(the “Benefited Property”).
C. Landowner has agreed to convey to the Easement Holder, a Grant of Access Easement
across the Burdened Property.
GRANT OF ACCESS EASEMENT
In consideration of the facts recited above, the Landowner and Easement Holder
agree as follows:
1. Grant of Easement. The Landowner hereby grants and conveys to the
Easement Holder, a perpetual, nonexclusive, rent-free, right to cross their land to enter
Easement Holder Land (the “Access Easement”) for ingress and egress for the purpose
accessing Benefited Property. The Easement area shall be the land owned by the Town of
Lincoln as shown on Assessor’s Plat 12, Lot 380, consisting of the Land used as a
driveway for the Benefitted Property across Lot 380 to Leichester Drive.
2. Use of Access Easement. The purpose of the Access Easement is to provide
year-round pedestrian, vehicular and utility access to and from the Benefited Property by
the Easement Holder. Nothing in this Access Easement is intended to prohibit use of
the Access Easement by the Landowner, provided such use does not interfere with the
use of the Access Easement by the Easement Holder.

Page 11 of 19

3. Improvements. Any improvements on the Easement Property made by the
Landowner, shall be subject to the prior written approval of the Easement Holder.
4. Maintenance/Repair. The Easement Holder shall be solely responsible for
maintaining the Easement Property (i.e. snow removal, ice removal and all other normal
and usual maintenance). The Easement Property shall be kept in a good, clean and safe
condition, free from waste or litter and free from any condition that constitutes a nuisance
or any condition that could cause injury or damage. If the Easement Holder allows the
Easement Property to be in violation of the requirements set forth herein, the Easement
Holder shall be responsible for the cost to promptly repair the Easement Property and
return it to its condition prior to the violation.
5. Damage to Easement Property. The Easement Holder shall be responsible for
any damage it may cause to the Easement Property. If the Easement Holder causes such
damage, it shall promptly make all needed repairs, restoring the Easement Property to its
condition prior to the damage.
6. Obstructions to Use of the Easement Property. Neither the Landowner or
Easement Holder, under the terms of this Access Easement may utilize the Easement
Property in a way that interferes with its use by any other person permitted to use it. Any
obstructions or impediments to the use of the Easement Property may be removed,
without notice, by the Landowner or Easement Holder and the cost of such removal shall
be borne by the party causing or responsible for such obstruction.
7. Enforcement of Agreement. The Easement Holder and the Landowner shall
have the right to legally enforce this Access Easement and the covenants, conditions and
restrictions set forth herein, by whatever action or actions are legally available, including,
without limitation, enjoining any violation or threatened violation hereof.
8. Amendments. This Access Easement may not be modified, amended or
terminated except by execution and recording of a written instrument signed by both the
Landowner and Easement Holder.
9. Successors. All of the terms, covenants, conditions, and obligations set forth in
this Access Easement shall inure to the benefit of and bind the Landowner and Easement
Holder, and their respective personal representatives, heirs, successors, transferees and
assigns, and shall continue as a servitude running in perpetuity with the Landowner’s
Property.
10. Severability. If any provision or specific application of this Access Easement
is found to be invalid by a court of competent jurisdiction, the remaining provisions or
specific applications of this Access Easement shall remain valid and binding.
11. Governing Law. This Access Easement shall be governed by and construed
under the laws of the State of Rhode Island.

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12. Indemnification. The Easement Holder shall indemnify and hold Landowner
harmless for any and all claims, demands, causes of actions and damages that may arise
from the Easement Holder's use of the Access Easement. The Landowner shall have no
liability for any actions that arise due to the Easement Holder’s use of the Access
Easement. Easement Holder shall indemnify, defend, and hold harmless the Landowner
if any party to this agreement or any other person or entity attempts to hold the
Landowner liable for any actions that arise due to the Easement Holder’s use of the
Access Easement.
IN WITNESS WHEREOF, the undersigned, have agreed to and executed this
Access Easement this _____ day of _______, 2024
Witness:
_______________________

TOWN OF LINCOLN
BY:

_____________________________
EASEMENT HOLDER

_______________________

_____________________________

STATE OF RHODE ISLAND
COUNTY OF PROVIDENCE
In the Town of Lincoln on this ____ day of ______________, 2024 before me, the
undersigned notary public, personally appeared ________________ in his/her capacity as
____________________ of the Town of Lincoln, personally known to the notary or proved
to the notary through satisfactory evidence of identification, which was
_________________________, to be the person whose name is signed on the preceding or
attached document, and acknowledged to the notary the (he/she/they) signed it voluntarily for
its stated purpose.
_____________________________
NOTARY PUBLIC
PRINT NAME:
MY COMMISSION EXPIRES:

Page 13 of 19

STATE OF RHODE ISLAND
COUNTY OF PROVIDENCE
In the Town of Lincoln on this ______ day of _____________, 2024 before me, the
undersigned notary public, personally appeared
,personally known
to the notary or proved to the notary through satisfactory evidence of identification, which
was _________________________, to be the person whose name is signed on the preceding
or attached document, and acknowledged to the notary the he signed it voluntarily for its stated
purpose.
_____________________________
NOTARY PUBLIC
PRINT NAME:
MY COMMISSION EXPIRES:

Page 14 of 19

Page 15 of 19

§ 260-32 Additional Residential Requirements
A.
In any residential district, the parking or storage of commercial vehicles over 10,000 pounds
of gross vehicle weight and/or storage is directly related to an accessory or a permitted use or legal
nonconforming use on the premises. The parking or storage of any commercial vehicles labeled for
a business use shall not be allowed in any residential district, unless permitted by a nonconforming
use, except when registered to the property owner.
A. In any Residential District, the parking or storage of commercial vehicles over 10,000 pounds of
gross vehicle weight and/or commercial trailers or house trailers shall not be permitted except
where such parking or storage is directly related to an accessory or a permitted use or legal
nonconforming use on the premises. The parking or storage of any commercial vehicles labeled
for a business use shall not be allowed in any residential district, unless permitted by a legal
nonconforming use, except when registered to the property owner.

COMMENT: It appears that there may be a scrivener’s error in letter A. This paragraph
should revert to the original that is in the Zoning Ordinance. It appears that the highlighted
phrase in the above may have been accidentally omitted.
B.
No unregistered, unserviceable, discarded, worn-out or junked automobile, truck or trailer of
any kind or type, or body, engine, part or accessory shall be parked or stored in excess of 30 days on
any residentially zoned property other than in a completely enclosed building in excess of three
months.

COMMENT: Although not the subject of the proposed revisions, the Planning Board
recommends reducing the time allowance for junk and unregistered vehicles from 3 months
to 30 days. They also recommend a slight rewrite to move that clause earlier in the
paragraph.
C.
Parking or storage of any vehicle or the storage of any temporary or permanent structures by
residents shall not be permitted on Town owned property, utility easements, or any other nonprivately owned land except for that parking or storage that is permitted by that property’s intended
use.

COMMENT: The Planning Board wanted to remove the “by residents” reference as it was
mentioned that a non-resident should not be able to park or store. They also wanted the last
line above to be added because they noted that there are many Town-owned properties
where people do park, i.e., at schools, parks, Town Hall, etc., and this appears to prohibit it.
D.
“Parking Areas” and “Parking Facilities” as set forth in § 260-31 are prohibited in all
residential zones.

COMMENT: The Planning Board did not discuss this at their August 27, 2025 meeting, but
it seems to preclude parking for residential uses, i.e. multi-family developments, singlefamily homes and so forth. I don’t think it’s necessary with all the above language.

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Ordinance No. ____
Section 1. Definitions
Chapter 183, amending by addition of §183-5.1 as well as amendments to 183-6 and
183-8
§183-5.1
Class 1: A bicycle equipped with an electric motor that provides assistance only when the
rider is pedaling and that ceases to provide assistance when the electric bicycle reaches
twenty miles per hour.
Class 2: A bicycle equipped with a throttle-actuated electric motor that ceases to provide
assistance when the electric bicycle reaches twenty miles per hour.
Class 3: A bicycle equipped with an electric motor that provides assistance only when the
rider is pedaling and that ceases to provide assistance when the electric bicycle reaches
twenty-eight miles per hour.
Electric bicycle (e-bike): A bicycle that qualifies as a Class 1, Class 2, or Class 3 electric
powered bicycle under this section.
Wheelchair: A manually operated or power-driven device designed primarily for use by
an individual with a mobility disability for the main purpose of indoor or both indoor and
outdoor mobility.
Mobility Device: A manually operated or power-driven device designed primarily for use
by an individual with a mobility disability for the purpose of mobility, including, but not
limited to, an electric wheelchair, power wheelchair, mobility scooter, or other powerdriven mobility device used by an individual with a disability.
§ 183-6
A) No person shall ride, or drive, or operate any animal, electric bike, motor vehicle, or
power-propelled vehicle, or any other vehicle within any park or recreation area, except
for the purpose of entering, leaving, or parking those vehicles in the designated
roadways, driveways, or parking areas.
B) Mobility devices. Nothing in this section shall prohibit:
1) An individual with a mobility disability from using a wheelchair or manually
powered mobility aid in any area open to pedestrian use; or
2) An individual with a mobility disability from using another power-driven mobility
device in accordance with the Americans with Disabilities Act and applicable
federal and state regulations.
§ 183-8
Any violation of this article shall be punished by a fine of not more than $20 or
imprisonment of 10 days, or both. The penalty for a violation of this article shall be forfeiture of
the vehicle. If the defendant does not own the vehicle and the owner did not know and could not
have reasonably known that the E-bike or vehicle would be used in violation of this article, a
civil penalty of $100.00 in addition to any subsequent fines or penalties associated with the
illegal operation of such vehicle shall be imposed upon the owner/operator. If this is the first
offense committed knowingly, the owner/operator shall pay a $200.00 civil penalty along with
any subsequent fines or penalties or forfeitures. If the penalty is the second penalty committed

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knowingly, the owner/operator will be fined $300.00 in addition to any subsequent fines or
penalties or forfeitures. If this penalty is the third penalty committed by the owner/operator, they
shall pay $500.00 along with any other subsequent fines or penalties or forfeitures. The Lincoln
Police Department shall be therefore empowered to seize or impound the E-bike or motorized
vehicle, or any other vehicle previously listed, in order to enforce this amendment.
1) Commencement of forfeiture proceeding and notice.
a) The Town shall bring an action by filing a complaint to the [court].
b) The Town shall give notice of the forfeiture proceeding by mailing a copy of the
complaint and a notice for hearing to each person who’s right, title, or interest is
known and/or to the address of the person who operated the E-bike or other
vehicle. If the operator at the time is a minor, notice shall be given to the parent(s)
or guardian(s) of the operator. Such person or persons shall henceforth be referred
to as the “owner(s)”
c) The owner of the property shall, within 30 days of the mailing the complaint and
notice, file a verified answer to the complaint. The owner shall also appear at the
hearing on the action for forfeiture.
2) Forfeiture hearing.
a) If the owner fails to appear at said hearing, the court may enter an order for
forfeiture by default.
b) If the owner appears at said hearing, the [judge] shall show evidence that the
property was used in violation of this article.
c) If the [judge] does not made the showing required in (2)b of this section, the
property shall be released to the owner.
d) If the [court] finds that the required showing was made, the owner may offer
evidence as to why the owner was not in violation of, did not know of, or had no
reason to know of illegal use of the property. For the sake of this article, the
owner shall be deemed to have knowledge of the provisions of §183-6.
e) If the owner rebuts the Town by showing a preponderance of the evidence, then
the complaint for forfeiture shall be denied and dismissed. The Town shall then
determine whether the owner be responsible for any fines or penalties based on
the circumstances.
f) Where the Town has made the required showing of evidence, the owner has not
rebutted by showing a preponderance of evidence, or where the court enters
forfeiture by default, the court may order:
1) The property to be destroyed by the agency who seized it or another
municipal agency
2) The property be delivered and retained for the use of the agency or
another municipal agency who seized it

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ORDINANCE NO. 2026-19
AN ORDINANCE AMENDING CHAPTER 175, §175-12 OF THE CODE OF THE TOWN OF
LINCOLN ENTITLED “CONSTRUCTION AND DEMOLITION”
§175-12. Construction and demolition.
A.
It shall be unlawful for any person to operate equipment or perform any outside
demolition, construction or repair work on buildings, structures or projects or to operate
any pile driver, power shovel, pneumatic hammer, derrick, power hoist or any other type of
heavy construction equipment or device between the hours of 10:00 p.m. of one day and
7:00 a.m. of the next day unless beforehand a special permit therefor has been duly
obtained from the Town Council.
In addition, it shall be unlawful at any time on Sunday to engage in blasting, rock breaking,
rock crushing, pile driving, jackhammering, pneumatic or hydraulic hammering, or to
operate bulldozers, excavators, backhoes, power shovels, loaders, or other heavy
construction or earth-moving equipment, unless a special permit authorizing such Sunday
activity has first been obtained from the Town Council.
The Sunday restriction established by this section is intended to regulate heavy, highimpact, or unusually loud construction activity and shall not constitute a general
prohibition against all construction, repair, or property maintenance activities on Sundays.
B.
The provisions of this section shall not apply to:
(1) Emergency work or repair performed by and for governmental entities or public service
utility companies;
(2) Work for which Town Council has issued a special permit.

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