City of Jefferson, WI
Jefferson County
[HISTORY: Adopted by the Common Council of the City of Jefferson 8-6-2002 by Ord. No. 7-02 as §§ 8.02 to 8.06, 8.09, 8.10, 8.11 and 12.15 of the 2002 Code. Amendments noted where applicable.]
GENERAL REFERENCES

Property maintenance — See Ch. 219.

Sanitary sewers — See Ch. 230.

Vehicles and traffic — See Ch. 265.

Water — See Ch. 277.

Subdivision of land — See Ch. 294.

§ 240-1
Excavations within public right-of-way. 

§ 240-2
Sidewalk construction and repair. 

§ 240-3
Obstructions and encroachments. 

§ 240-4
Protection of sidewalks and gutters. 

§ 240-5
Vehicles equipped with mud lugs or other projections. 

§ 240-6
Street name and building numbering system. 

§ 240-7
Snow and ice removal. 

§ 240-8
Temporary closure of public right-of-way. 

§ 240-9
Violations and penalties. 

§ 240-1 Excavations within public right-of-way.

A. 

Permit required. No person shall dig or cause to be dug any ditch or other excavation in the platted way of any public street or public alley in the City without having obtained a permit from the City Administrator or his designee. Application for the permit shall be in writing on forms provided by the City and signed by the person contemplating the work or by the authorized agent of such person and filed with the City not less than 48 hours prior to the commencement of the excavation. Upon receipt of such application, the City shall investigate and determine whether a permit shall be issued and may prescribe terms and conditions for the issuance of the permit, which terms may include, at the discretion of the City Administrator, submission of a certificate of liability insurance covering the applicant and the City during all phases of the opening and closing of the ditch or excavation and/or provision for a surety bond to insure the replacement and restoration of the street or alley opened as provided in Subsection C. Such conditions as prescribed by the City shall be set forth in writing on the permit. The City shall keep shall keep a record of all permits issued hereunder, which record shall indicate the date the permit was granted, the location of the ditch and any special terms or conditions prescribed. Failure to obtain a permit prior to commencement of the excavation, except as provided for in Subsection B, will result in a forfeiture as provided in § 240-9 of this chapter.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. 

Emergency excavations. Prior application and the issuance of a permit shall not be required under this section for excavations made necessary by an emergency, but a report of such emergency shall be made in writing to the City Administrator by 10:00 a.m. of the following business day. For purposes of this section, the term "emergency" is defined as a condition creating imminent hazard to life or property.

C. 

General conditions. All work shall be performed in a manner to ensure public safety and protect the physical integrity of the existing improvements to the greatest degree possible. The permittee shall not commence work until all utilities have been notified. Proper flagging, barricading and fencing of the excavation is required and is the responsibility of the permittee. All street openings shall be cut at the commencement of the excavation to minimize damage to the existing pavement and saw cut to provide for clean, straight edges upon completion. Trench widths shall be held to a minimum to reduce settlement damage. Sidewalks and curbs must be protected from settlement and heavy equipment damage. All curb and sidewalk replacement must meet current City specifications, including handicap access. All excavations shall be backfilled with granular material compacted to a ninety-five-percent compaction level unless specifically exempted by the City Director of Public Works/Engineer. Restoration of the street surface is the responsibility of the permittee. Arrangements for such restoration are to be made with the Director of Public Works/Engineer prior to or immediately upon completion of the excavation. The permittee shall make good settlements resulting from such excavation for a period of one year and shall be liable for all damages resulting from failure to do so. All costs incurred by the City due to noncompliance of such general conditions shall be the responsibility of and shall be charged to the permittee.

§ 240-2 Sidewalk construction and repair.

Section 66.0907, Wis. Stats., is adopted by reference and made a part of this section.

A. 

When required.

(1) 

Sidewalks shall be required on all streets with the following exceptions:

(a) 

Sidewalk will not be required when the nature of the terrain creates insurmountable engineering problems.

(b) 

Sidewalk will not be required when there is insufficient right-of-way.

(c) 

Sidewalk will not be required if the installation would generate a safety hazard by encouraging pedestrian traffic in dangerous areas.

(d) 

Sidewalk shall not be required along industrial zoned properties excepting in those instances where said properties are situated between areas generating pedestrian traffic.

(e) 

Sidewalks will not be required along vacant land which extends to the City limits which is not situated between areas generating pedestrian traffic.

(f) 

Sidewalk shall not be required on any street which is not curb and gutter.

(2) 

Installation of new sidewalk required under this section shall typically be required upon the occurrence of one of the following:

(a) 

Upgrading the street from a rural section to an urban section.

(b) 

When the City deems necessary because of a safety hazard.

B. 

Construction and repair program. The Director of Public Works/Engineer shall establish a program of sidewalk construction and repair and shall periodically, but not less than annually, review and update the program. The Director of Public Works/Engineer or his designee shall inspect sidewalks and may order any sidewalk which is unsafe, defective or insufficient to be repaired or removed and replaced with a sidewalk in accordance with the standard sidewalk specifications established herewith. A copy of such specifications shall be placed on file in the office of the Director of Public Works/Engineer.

C. 

Notice. A written order directing the laying, removal, replacement, or repair of any sidewalk shall be served upon the owner of each lot or parcel of land in front of which such work shall have been ordered by the Director of Public Works/Engineer as prescribed in § 66.0907(3)(c), Wis. Stats.

D. 

Work by owner. Any such owner may, within 30 days of receipt of such order, notify the Director of Public Works/Engineer, in writing, of his intent to perform such work and complete the same within 60 days of receipt of such order. Whenever any owner shall fail to notify of his intent to perform such work the City may cause such work to be done at the expense of such owner.

§ 240-3 Obstructions and encroachments.

A. 

Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds, or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in Subsection B.

B. 

Exceptions. The prohibition of Subsection A shall not apply to the following:

(1) 

Signs or clocks attached to buildings which project no more than six feet from the face of such building and which do not extend below any point 10 feet above the sidewalk, street, or alley.

(2) 

Awnings which do not extend below any point seven feet above the sidewalk, street or alley.

(3) 

Public utility encroachments duly authorized by state law or the Council.

(4) 

Goods, wares, merchandise or fixtures being loaded or unloaded which do not extend more than three feet on a sidewalk, provided that such goods, wares, etc., do not remain thereon for more than three hours.

(5) 

Obstructions and encroachments not to exceed 10 minutes.

C. 

Mailbox installation regulated. Mailboxes installed on public rights-of-way shall conform to the following standards:

(1) 

Support. The support shall be a wood post, steel pipe, or steel channel installed no more than 24 inches in the ground and extending to a vertical height such that the bottom of the mailbox is a minimum of 42 inches but not to exceed a maximum of 48 inches above the ground surface.

(a) 

The support shall be the following dimensions:

[1] 

Square wood post: four inches by four inches.

[2] 

Round wood post: 4 1/2 inches in diameter.

[3] 

Steel pipe: two-inch inside diameter.

[4] 

Steel channel: two pounds per foot.

(b) 

The support shall not be set in concrete, nor is a base plate acceptable. Anti-twist flanges may be installed on the pipe or channel supports but shall not be imbedded more than 10 inches into the ground.

(2) 

Attachment. The box-to-post attachment shall be sufficient to prevent the separation of the box from the support post when struck.

(3) 

Setbacks and location. On curbed residential streets the face of the mailbox shall be a minimum of six inches behind the face of the curb and a maximum of 12 inches. On residential streets without curb or paved shoulder the face of the mailbox shall be a minimum of eight inches behind the edge of the shoulder and a maximum of 12 inches. If a paved turnout is provided, this setback may be reduced to zero. The face of the mailbox must not extend over the edge of the traveled way of a paved shoulder.

§ 240-4 Protection of sidewalks and gutters.

No person shall place or move any vehicle, machine or load of great weight across any cement gutter or sidewalk without placing boards or planks under the wheels to prevent injury to the gutter or sidewalk.

§ 240-5 Vehicles equipped with mud lugs or other projections.

No person shall operate any motor vehicle over any street in the City which is equipped with mud lugs or similar projections likely to cause damage to the streets.

§ 240-6 Street name and building numbering system.

A. 

The names of all streets within the City as indicated on the latest approved map or maps labeled "Official Street Name and Building Numbering System," on file in the City Hall, are hereby confirmed as the names of the streets as indicated on such map or maps except as otherwise provided in this section.

B. 

There is hereby established a uniform system of numbering houses and buildings fronting on all streets, avenues and public ways in the City, and all houses and buildings shall be numbered in accordance with the provisions of this section.

C. 

Racine Street shall constitute the base line for numbering along all streets running north and south. Main Street shall constitute the base line for numbering east and west.

D. 

The numbering for each street shall begin at the base line. The numbers within the first block shall be from 100 to 199, within the second block from 200 to 299, etc. There shall be assigned 100 numbers to each block, square or space that would be one block or square if streets each way were so extended as to intersect each other, and one number shall be assigned to each 20 feet of frontage. In blocks or equivalent space longer than 1,000 feet which is not intersected by a street, the total length of such space divided by 50 shall be used to determine the feet of frontage assigned to each number.

E. 

All lots and houses on the north and west side of all streets shall be numbered with odd numbers, each commencing with the hundred assigned to that block, and shall increase from the base line, one number for each 20 feet of frontage or fraction thereof, except as provided in Subsection D. All lots and houses on the south and east side of all streets shall be numbered in the same way with even numbers. Where any building has more than one door serving separate occupants, a separate number shall be assigned to each door serving a separate occupant, provided that the building is 25 feet or more in width. If the building is not 25 feet or more in width and the entrances are not that far apart, the next consecutive number shall have a number assigned only to the main entrance, unless other entrances served different occupants.

F. 

All streets not extending through to the base line shall be assigned the same relative numbers as if said street had extended to said base line.

G. 

The Common Council has caused a survey to be made and there is hereby assigned to each house and building located on any street, avenue, alley, or highway in said City its respective number under the uniform system provided for in this section, as shown on the map titled "Official Street Name and Building Numbering System for City of Jefferson," which map is made a part of this section. The owner, occupant, or agent shall place or cause to be placed upon each house or building controlled by him the number(s) assigned under the uniform system provided for in this section

H. 

Where only one number can be assigned to any house or building, the owner, occupant, or agent of such house or building who shall desire distinctive numbers for the upper and lower portion of any such house or building, or for any part of such house or building fronting on any street, may use the suffix "A," "B," "C," etc., as may be required.

I. 

For the purpose of facilitating correct numbering, a copy of the map showing the proper numbers of all lots or houses fronting upon all streets, avenues, or highways shall be kept on file in the office of the City Clerk/Treasurer. This map shall be open to inspection by all persons during the office hours of the Clerk/Treasurer.

J. 

The City Clerk/Treasurer shall inform any party applying therefor of the number belonging to or embraced within the limits of said lot or property as provided in this section. In case of doubt as to the proper number to be assigned to any lot or building, the Clerk/Treasurer shall determine the number of such lot or building.

K. 

Whenever any house, building or structure shall hereafter be erected or located in the City, the owner shall procure the correct number or numbers so assigned upon said building as provided by this section. No building permit shall be issued for any such house, building or structure until the owner has procured from the Clerk/Treasurer the official number of the premises.

L. 

All police officers of the City shall report the violation of any provisions of this section.

M. 

If the owner or occupant of any building required to be numbered by this section shall neglect for more than 30 days to duly attach and maintain the proper number on such building, the City Clerk/Treasurer shall serve upon him a notice requiring such owner or occupant to properly number the same, and if he neglects to do so for 10 days after the service of such notice, he shall be deemed to have violated this section.

N. 

The City Clerk/Treasurer shall have all future City plats and annexations, after approval by the Council, immediately noted on the Official Street Name and Building Numbering Map or maps with the same system of house numbering as is used on the present Official Map.

§ 240-7 Snow and ice removal.

[Amended 1-17-2012 by Ord. No. 3-12; 4-3-2013 by Ord. No. 2-13]

The owner or occupant of real property shall remove snow and ice from the sidewalks including all portions of the sidewalk and street necessary to provide clear passage without any snow obstructions on the sidewalk or in the street that would impede the use of the sidewalk network within 24 hours after the end of snowfall. The Public Works Foreman may order the crew to clear sidewalks where owners or occupants have failed to do so within 24 hours. It is unlawful for snow to be blown or pushed into City streets and is considered an unlawful obstruction, subject to citation. The Public Works Foreman may order the crew to clear streets where owners or occupants have placed such an obstruction. The expense of said removal shall be included in a statement to the City Clerk/Treasurer from the Public Works Foreman indicating the cost of such removal. The cost of such snow and ice removal shall be levied and collected as a special tax upon such lot or parcel paid by owner thereof.

§ 240-8 Temporary closure of public right-of-way.

A. 

The Common Council may temporarily close a public right-of-way for celebrations or short-term commercial use upon the following conditions:

(1) 

The applicant shall execute a lease for the prescribed right-of-way containing provisions holding the City harmless for accidents or injuries occurring as a result of use of the leased premises. The lease shall specify the party responsible for the leased premises who shall be individually liable to the City for any loss sustained.

(2) 

The applicant shall be responsible for all cleanup after the event. Any costs incurred by the City will be billed to the responsible party.

(3) 

The applicant shall arrange for such traffic barriers as may be necessary to properly close the right-of-way.

(4) 

Such closure may include a portion of a sidewalk if at least four feet of the remaining sidewalk remains open to pedestrian traffic.

(5) 

The application shall be accompanied by written consent of the residents or commercial tenants of properties with frontage on the affected right-of-way and proof of comprehensive general liability insurance in a minimum amount of $500,000 for bodily injury or death and $100,000 for property damage.

(6) 

The Council shall specify in its approval any other conditions it deems advisable based on the nature and location of the event.

(7) 

The applicant shall pay a fee as set by the Common Council. Nonprofit entities shall be exempt from the rental fee for City right-of-way as established by the Common Council beginning January 1, 2005. In lieu of the rental fee, all nonprofit entities shall be required to make a lease payment of $1 and comply with all other provisions of this section.

[Added 12-16-2003 by Ord. No. 16-03; amended 6-7-2005 by Ord. No. 13-05]

B. 

Consumption of alcoholic beverages on leased premises. A person holding a Class "B" or "Class B" license for an adjacent premises may sell alcohol in designated areas according to the term of the lease as set forth above. During such time, § 160-16 of the Code shall be inapplicable to the leased premises. Upon approval of the lease as set forth above, the applicant's license shall be deemed to be amended for the term of the lease to include the leased premises as part of the defined premises of the original license.

[Amended 10-18-2005 by Ord. No. 17-05]

§ 240-9 Violations and penalties.

Any person who shall violate any provision of this chapter or any order, rule or regulation made thereunder shall be subject to a penalty as provided in Chapter 1, Article I of this Code.