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A. Except as provided in subsection B of this section, a license agreement is required for any public or nonpublic use of Town real property.

B. Section A does not apply to:

1. Use of Town real property by the town.

2. Landscaping materials, including, but not limited to, grass, trees, shrubs and flowers, which materials may be placed within a Town right-of-way without a license agreement or other authorization. The town shall have no liability to any person for the loss, damage or destruction of any landscaping materials placed within Town right-of-way.

3. Use of Town real property pursuant to a valid agreement, including, but not limited to, an easement, a lease, or a permit issued by the town.

4. Use of Town real property when such property is made available by the town for use by the general public; provided, however, a license agreement is required to conduct a business activity on Town real property, even if such property is open to the general public.

5. Use of Town property as permitted by law. (Ord. 23, Series 2017; amd. Ord. 31, Series 2019)