City of Shawano, WI Chapter 5 Streets and Sidewalks

[HISTORY: Adopted by the Common Council of the City of Shawano 4-7-1982 by Ord. No. 872 as Ch. 5 of the 1982 Municipal Code. Amendments noted where applicable.]

GENERAL REFERENCES

Traffic Code — See Ch. 4.

Utilities — See Ch. 6.

Signs — See Ch. 10, Subchapter V.

Control of weeds, grass and plants — See § 11.10.

Bond Schedule — See Ch. 20.

§ 5.01 Official City base or plane of reference.

(1) The official City base or plane of reference for elevations in the City is on file in the office of the Director of Public Works and is fixed at a point above mean tide sea level, New York City, as ascertained by the United States Coast and Geodetic Survey Party made in 1934.

(2) All official elevations hereafter established in the City shall be described with reference to their elevation as compared with the official base in feet and decimal parts of a foot. No grade or official elevation shall be established other than by ordinance or resolution.

§ 5.02 Street and sidewalk grades.

(1) Establishment. The grade of all streets, alleys and sidewalks shall be established by the Council and shall be recorded by the Clerk-Treasurer in his or her office. No street, alley or sidewalk shall be worked until the grade thereof is established. The grade of all streets having curb and gutter on the effective date of this Code are established at the level then existing.

(2) Altering grade prohibited. No person shall alter the grade of any street, alley, sidewalk or public ground or any part thereof unless authorized or instructed to do so by the Council.

§ 5.021 Driveways.

[Added by Ord. No. 1004; amended by Ord. No. 1172; Ord. No. 1173; Ord. No. 1204; 5-7-2003 by Ord. No. 1554; 4-17-2007 by Ord. No. 1682; 10-10-2007 by Ord. No. 1691]

(1) East Green Bay Street. A permit is required for the construction of any new access driveway or the revision of any existing driveway within the right-of-way along East Green Bay Street east of the C&NW Railroad crossing. The permit shall be issued by the Green Bay District Office of the State Department of Transportation.

(1a) North Main Street. Notwithstanding whatever may be provided in Subsections (6) and (7) below, no new access driveway shall be allowed in the 300 Block of North Main Street on the west side, which access driveway would enter upon North Main Street.

(2) Width. All residential or noncommercial driveways shall have a width of between 10 feet and 24 feet. Commercial one-way driveways shall be a maximum of 30 feet wide, and commercial two-way driveways shall be a maximum of 60 feet wide. The maximum width of driveways split by a common lot line would be 40 feet, with 20 feet the maximum for each individual parcel.

(3) Radii. The radii for residential driveways shall be a maximum of 15 feet. The radii for commercial driveways shall be a minimum of five feet and a maximum of 30 feet.

(4) Center line. The driveway center line shall be at right angles to the pavement edge.

(5) Number of driveways. Only one driveway shall be permitted for residential lots. A second driveway may be permitted for corner lots on the adjacent street of the existing driveway with the approval of the Public Works Field Committee. A typical commercial property shall be allowed a maximum of two driveways, located at least 50 feet apart. The minimum distance between a driveway and the nearest public road or street shall be 50 feet. A minimum distance of 450 feet shall be required between the center lines of entrances into shopping and similar developments that generate high traffic volumes.

[Amended 11-10-2016 by Ord. No. 1906]

(6) Concrete curb head. Existing curb heads shall be saw cut as directed by the Department of Public Works. As an alternative, the existing curb and gutter may be removed and replaced in its entirety with new concrete gutter matching the profile shown on the attached detail sheet. Partial removal of the curb head using a jack hammer or other breaking equipment is not allowed.

(7) Driveway aprons. The driveway apron within the street right-of-way shall be constructed of concrete as directed by the Department of Public Works.

(8) Intersection clearance. At an intersection of a City street with another City street, where right-of-way has been acquired to provide sight distance, no driveway approach shall be permitted within the frontage thereof. At any other intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the normal and safe movement of traffic.

(9) Sight distance. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the roadway in order to maneuver safely and without interfering with roadway traffic.

(10) Control devices. No entrance or approach shall be located or constructed so as to interfere with or prevent the proper location or functioning of any traffic-regulating device. The applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the City street right-of-way.

(11) Property line offset. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property.

(12) Slope of drive. The maximum grade on the driveway shall not exceed 12%.

(13) Drainage. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or roadway. The applicant shall be required to provide, at his/her own expense, drainage structures at entrances and exits that will become an integral part of the existing drainage system. The Department of Public Works, prior to installation, must approve the dimensions of all drainage structures.

(14) Rural sections. All rural section applicants shall purchase, install and maintain a culvert sized by the Director of Public Works. The ditch area shall be maintained to ensure proper drainage. At no time shall the ditch area be filled except for driveway sections as per § 5.04(4).

(15) Exceptions. Special conditions for driveways entering specific establishments may be considered. Traffic volumes, the number of entrances, the size of the parking area, the length of the storage lanes for traffic entering and leaving the establishments and the internal traffic pattern are all items that would be reviewed prior to the granting of any special permit.

(16) Patron parking curb cut. In areas where existing conditions exist where a combination of public right-of-way and private property are used for public parking, a mountable curb can be maintained and replaced if necessary. This type of curb cut will not be allowed for any new building or development.

[Added 6-7-2017 by Ord. No. 1920[1]]

[1] Editor's Note: This ordinance also redesignated former Subsection (16) as Subsection (17).

(17) Variance request. If any person desires to obtain a variance from the provisions of this section, said person shall take such request to the Field Committee, which Committee shall have the authority to approve or disallow the requested variance, with said action to be taken at a regularly scheduled Field Committee meeting.

§ 5.03 Street and sidewalk excavations and openings.

[Amended by Ord. No. 1011; Ord. No. 1014]

(1) Permit.

(a) Required. No person shall make or cause to be made any excavation or opening in any street, alley, highway, sidewalk or other public way within the City without first obtaining a permit therefor from the Director of Public Works. A copy of the permit shall be kept at the work site and shall be provided for examination by City inspection personnel upon request.

[Amended 10-10-2007 by Ord. No. 1691]

(b) Exemption. A permit from the Director of Public Works shall not be required for any excavation or opening in any street, alley, highway, sidewalk or other public way when a "permit to excavate and/or fill on highway right-of-way" has already been obtained from the State Department of Transportation for the proposed work.

(2) Fee. The fee for a street opening permit shall be as set by Council resolution and shall be paid to the Director of Public Works, who shall issue a receipt therefor. In the event that a barricade is provided by the City for any street opening, the City shall charge a barricade fee as set by Council resolution.

[Amended 12-8-1999 by Ord. No. 1438; 6-8-2011 by Ord. No. 1785]

(3) Bond.

(a) Required. Before a permit for excavating or opening any street or public way may be issued, the applicant must execute and deposit with the Clerk-Treasurer an indemnity bond, approved by the City Attorney, in the sum of $5,000 conditioned that he or she will indemnify and save harmless the City and its officers from all liability for accidents and damage caused by any of the work covered by his or her permit, and that he or she will fill up and place in good and safe condition all excavations and openings made in the street, and will replace and restore the pavement over any opening he or she may make as near as can be to the state and condition in which he or she found it, and keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the Director of Public Works for a period of one year, and that he or she will pay all forfeitures imposed upon him or her for any violation of any rule, regulation or ordinance governing street openings or drainlaying adopted by the Council, and will repair any damage done to existing improvements during the progress of the excavation in accordance with the ordinances, rules and regulations of the City. Such bond shall also guarantee that if the City shall elect to make the street repair, the person opening the street will pay all costs of making such repair and of maintaining the same for one year. Recovery on such bond for any accident, injury, violation of law, ordinance, rule or regulation shall not exhaust the bond, but it shall cover any and all accidents, injuries or violations during the period of excavation for which it is given. An annual bond may be given under this section covering all excavation work done by the principal for one year beginning January 1, which shall be conditioned as specified above and in the amount determined by the Council as necessary to adequately protect the public and the City.

(b) Exemption. As provided in W.S.A. s. 66.045(6), public service corporations or cooperative associations organized under W.S.A. Ch. 185 to render or furnish telephone, gas, light, heat or power shall be exempt from the requirement to furnish a bond.

(4) Insurance. Prior to commencement of excavation work, a permittee must furnish the Director of Public Works satisfactory written evidence that he or she has in force and will maintain during the life of the permit and the period of excavation, public liability insurance of not less than $100,000 for one person, $300,000 for one accident and property damage insurance of not less than $50,000.

(5) Regulations governing street and sidewalk openings.

(a) Frozen ground. No opening in the streets or sidewalks for any purpose shall be permitted when the ground is frozen, except where necessary, as determined by the Director of Public Works.

(b) Removal of paving. In opening any street or other public way, all paving or ballasting materials shall be removed with the least possible loss of or injury to surfacing material and, together with the excavated material from trenches, shall be placed so as to cause the least practicable inconvenience to the public and permit free flow of water along gutters and drainageways.

(c) Protection of public.

1. No part of the work operations shall be commenced until warning signs, devices and methods adequate to protect the public are established in place and fully functional. Warning signs and devices shall conform to the appropriate sizes, designs and arrangements specified within the Wisconsin Department of Transportation Manual of Traffic Control Devices, current edition. It shall be the responsibility of the permittee to provide and maintain at least the quantity of signs and devices therein described, but to also supplement those with such additional signs, devices and flagmen as are necessary to functionally protect persons and property from injury or damage at all times and under all conditions, including changed or changing conditions. Warning signs, devices and methods shall be in place and protectively functional prior to the commencement of any of the permitted works within the limits of the public street right-of-way and shall protect the public until all permit-associated works are completed.

2. The permittee agrees to indemnify and hold harmless the City, its employees, agents and officers from any cost, claim, suit, liability or award which might come to be brought or assessed because of the issuance or exercise of the permit to excavate in the public street right-of-way, or because of any adverse effect upon any person or property attributed to the partially or entirely completed works of the permittee. Accomplishment of the permitted work, or of any part thereof, by or on behalf of the permittee shall bind the permittee to abide by this permit and all the conditions and provisions therein.

3. Vehicles, equipment and materials shall be so regulated by the permittee as to assure consistently safe conditions. Particular care shall be exercised at all times to assure a safe traffic environment at and near the site of the work. These requirements pertain while the work operations are in active progress, as well as during periods of work shutdown. Any discovered violation of this permit, and particularly as regards any failing to maintain a safe traffic and general public environment, will require an immediate cure by the permittee of the fault discovered, could result in an order by the City to stop further progress of the work and might result in revocation of the permit and expulsion from the public street right-of-way.

(d) Existing facilities. It shall be the responsibility of the permittee to determine the location of, and protect or cause to be protected from any damage, any facilities already in place in the area to be influenced by the permitted work. All notifications of others are likewise a responsibility of the permittee.

(e) Subsurface restoration. Any permitted excavation within the limits of any normal public street right-of-way shall be backfilled with suitable granular material. Excavated material may be used as backfill material unless the Director of Public Works deems it unsuitable, in which case it shall be replaced with approved backfill material. Backfill shall be placed in lifts or layers 12 inches or less each in depth and compacted mechanically to the compaction of the adjacent and undisturbed ground or material. Water flooding and the use of moisture in excess of necessity to facilitate mechanical compaction are expressly prohibited. Any subsequent heaving, settling or other faultings attributable to the permitted works shall be repaired to the satisfaction of the Director of Public Works at the permittee's expense. Temporary sheeting and shoring shall be used as necessary to prevent soil caving in trenches and tunnels. Sheeting and shoring must be removed before backfill operations may begin.

(f) Surface restoration.

1. Any curb, gutter, pavement, sidewalk, terrace, driveway, gravel base, ballast or shouldering material or other element of the public street right-of-way or facility disturbed by the permitted works shall be restored in kind to the qualities, grades, compactions and conditions at least equal to those prevailing ahead of the permitted work operations and all to the satisfaction of the Director of Public Works.

2. The topmost surface of any backfilled excavation which lies in the paved portion of the public street right-of-way shall be maintained in such a manner as to pose no hazard to safe traveling. It shall be the responsibility of the permittee to maintain the excavation to the satisfaction of the Director of Public Works for a period of one year following the completion of the permitted works.

3. Pavement disturbed or removed during the excavation shall be restored in kind to the qualities, grades, compactions and conditions at least equal to those prevailing previous to the permitted work operations. All pavement replacement shall be done in accordance with pertinent sections of Standard Specifications for Road and Bridge Construction, State of Wisconsin, latest edition.

4. Any turfed area of the public street right-of-way disturbed by the permitted works and operations shall be restored with fine-graded topsoil having a depth of not less than four inches, and reseeded to perennial grass, or sodded.

(g) Responsibility for restoration.

1. Permittees may elect to replace disturbed pavement themselves in accordance with this Code; however, if the pavement replacement is found to be unsatisfactory by the Director of Public Works, the permittee shall be responsible for all costs incurred to satisfactorily complete restoration.

2. The City will replace pavement for permittees at the time the annual street paving plan is implemented if the permittee so desires. The permittees will be responsible for the cost of this replacement and will be billed for such after the work has been completed.

3. If, in the opinion of the Director of Public Works, the permittee fails to satisfactorily complete all restorations, the City may arrange directly for all needful restorations and all costs associated with such restorations, and the arrangements therefor shall be a cost obligation of the permittee. The permittee agrees to pay any and all of such costs within 30 days of the City billing.

(6) Excavation in new streets limited.

(a) Utility notification. Whenever the Council determines to provide for the permanent improvement or repaving of any street, such determination shall be made not less than 60 days before the work of improvement or repaving shall begin. Immediately after such determination by the Council, the Director of Public Works shall notify, in writing, each person, utility, City department or other agency owning or controlling any sewer, water main, conduit or other utility in or under said street or any real property abutting said street that all such excavation work in such street must be completed within 60 days.

(b) Request to delay. An agency owning or controlling any utility in or under a street which has been designated for improvement or repaving may request that the City delay said improvement or repaving to allow any necessary work to said utility to be completed prior to commencing the street improvement or repaving. The request shall be presented to the Director of Public Works, in writing, no less than 30 days prior to the time that scheduled work is to begin. Said written request shall include specific information regarding the reason for the requested delay and the anticipated length of time the delay will last. The Director and/or his or her Field Committee shall make the final determination as to whether or not to delay the improvement or repaving until such time as any necessary utility work has been completed.

(c) Excavation limited. After permanent improvement or repaving has been completed, no permit shall be issued to open, cut or excavate said street for a period of five years after the date of improvement or repaving unless, in the opinion of the Director of Public Works, a situation exists which makes it absolutely essential that the permit be issued.

(7) Emergency excavations authorized. In the event of an emergency, any person owning or controlling any sewer, water main, conduit or utility in or under any street and his or her agents or employees may take immediate proper emergency measures to remedy dangerous conditions for the protection of property, life, health or safety without obtaining an excavation permit; provided that such person shall apply for an excavation permit not later than the end of the next succeeding business day and shall not make any permanent repairs without first obtaining an excavation permit hereunder.

(8) City work excluded. The provisions of this section shall not apply to excavation work under the Director of Public Works by City employees or contractors performing work under contract with the City necessitating openings or excavations in City streets.

§ 5.04 Obstructions and encroachments.

(1) 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 or she is the owner or occupant, except as provided in Subsection (2) below.

(2) Exceptions. The prohibition of Subsection (1) above shall not apply to the following:

(a) Public utility encroachments duly authorized by state law, the Shawano Municipal Utilities Commission or the Council.

(b) Temporary encroachments or obstructions authorized by permit granted pursuant to W.S.A. s. 66.045.

(c) Excavations and openings permitted under § 5.03 of this chapter.

(d) Low-growing landscaping, such as grass, ground cover, flowers and plants installed and maintained by the abutting property owner may be allowed within the right-of-way. Landscaping in the public right-of-way must not be allowed to become a safety hazard by obscuring the visibility of drivers, bicyclists or pedestrians and excludes fencing, boulders or other materials. This type of landscaping does not include trees in the public right-of-way. Property owners may not plant trees between the curb and sidewalk or in any other portion of the public right-of-way. Requests for trees to be planted in public right-of-way must be submitted to the City Forester for consideration. City staff reserves the right to evaluate and determine the acceptability of any right-of-way obstructions.

[Added 8-10-2016 by Ord. No. 1900]

(3) Drainage encroachment. All surfaced parking lots in excess of 20,000 square feet in area shall employ storm sewers or drainage ditches for the collection of storm drainage from the pavement surface. Property owners are responsible for the construction of the storm sewer or drainage ditch and its connection to the existing drainage system. Surface drainage may not be directed toward the street or adjacent properties. This subsection shall only apply to such parking lots constructed or expanded on or after December 9, 1987.

[Added by Ord. No. 1003]

(4) Drainage ditches. The City of Shawano requires all drainage ditches in City easements or rights-of-way (rural sections) to be open sections as approved. No person shall be allowed to fill said drainage ditch or to place a drainage structure and fill said ditch except for driveways.

[Added 11-9-2005 by Ord. No. 1634]

§ 5.041 Regulation of roller skates, street skates, skateboards and play vehicles.

[Added by Ord. No. 961]

(1) Roller skates, street skates, skateboards and play vehicles regulated. No person shall roller skate or ride a skateboard, coaster wagon, tricycle or scooter anywhere in the City without complying with the terms of this section. As used herein, to "roller skate" shall mean to skate on any type of roller skates and street skates.

(2) Streets. No person shall roller skate or ride a skateboard, coaster wagon, tricycle or scooter on any street except for the purpose of crossing the street. The rules relating to pedestrians crossing streets shall apply to persons crossing a street on roller skates or a skateboard. No person crossing a street on roller skates or a skateboard, coaster wagon, tricycle or scooter shall travel too fast for safety under the conditions existing.

(3) Sidewalks. No person shall roller skate or ride a skateboard, coaster wagon, tricycle or scooter in a reckless manner on any public sidewalk. No person shall ride a skateboard, coaster wagon, tricycle, scooter or roller skate on a sidewalk without exercising due care for the safety of other persons using the sidewalk, and without yielding to pedestrians. No person shall roller skate or skateboard on any sidewalk bordering Main Street or Green Bay Street or on any public property or parking lot.

(4) City park property. No person shall roller-skate or ride a skateboard on any City park property.

[Added by Ord. No. 979]

(4.1) Prohibit operation. It shall be unlawful for any person to operate or ride a skateboard, roller skates, street skates and play vehicles in any of the following places:

[Added by Ord. No. 1307]

(a) On property where a sign prohibiting such items has been posted by the owner, lessee or person in charge of the property.

(4.2) Area designated for skateboards. The following regulations shall apply to any area designated by the City for skateboarding:

[Added 6-10-1998 by Ord. No. 1361]

(a) Skateboarders shall skate at their own risk.

(b) Signs shall be posted, which signs shall set forth the rules applicable to areas designated for skateboards.

(c) Skateboarding shall be allowed between the hours of 9:00 a.m. and dusk.

(d) Skateboarders shall not use or cause loud noises, loud radio or audio equipment to be played or use foul language.

(e) All skateboarders shall abide by the rules posted on signs located at areas designated for skateboarding.[1]

[1] Editor's Note: Former Subsection (4.2)(f), regarding a skateboarding permit fee, added 4-11-2012 by Ord. No. 1807, which immediately followed this subsection, was repealed 10-12-2016 by Ord. No. 1904.

(5) Sales and rentals. Any commercial establishment selling or renting street skates, roller skates of any kind, coaster wagons, tricycles, scooters or skateboards shall post a copy of this section, or a summary of the rules set out in this section, in a conspicuous place where persons buying or renting skates will see it.

[Amended by Ord. No. 979]

(6) Penalty.[2] Any person, firm or corporation violating any provision of this section shall be fined not less than $50 nor more than $150 for a first offense and not less than $100 nor more than $500 for a second offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

[Amended by Ord. No. 979; 9-8-1999 by Ord. No. 1419; 1-10-2007 by Ord. No. 1663]

[2] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.

§ 5.042 Regulation of bicycles.

[Added by Ord. No. 1040]

(1) Authority. This section is being created pursuant to W.S.A. ss. 346.804 and 346.94(1).

(2) Rules applicable to bicycles. Whenever bicycles are operated upon a sidewalk or highway, the following rules shall apply:

(a) A person propelling 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.

(c) No person operating a bicycle shall carry any package, bundle or article which prevents the operator from keeping at least one hand upon the handle bars.

(d) The operator of a bicycle shall, continuously, during not less than the last 50 feet traveled, signal his or her intention to turn.

(e) No person riding a bicycle shall cling or attach oneself or one's bicycle to any vehicle.

(f) No person shall operate a bicycle which is not in such mechanical condition so that it can be safely operated.

(g) The operator of a bicycle emerging from an alley, driveway, garage or public sidewalk shall yield the right-of-way to pedestrians when riding onto or across a public sidewalk or onto or across a public sidewalk line projected across an alley, and shall exercise extreme care in making such movements.

(3) Rules applicable to riding bicycles on sidewalks.

(a) Whenever a usable sidewalk has been provided adjacent to a roadway, bicycle riders may use such sidewalk in lieu of the roadway.

(b) Every person operating a bicycle upon a sidewalk shall yield the right-of-way to any pedestrian and shall exercise due care and give an audible signal when passing a bicycle rider or pedestrian proceeding in the same direction. During conditions that require large volume pedestrian usage of a sidewalk, bicycle operators shall be required to ride on the roadway.

(c) When approaching a pedestrian on the sidewalk, the speed of the bicycle shall be reduced to a speed which is no greater than necessary to continue the operation of the bicycle without the rider dismounting, and shall not be increased until the pedestrian has been passed.

(4) Penalty.[1] Any person violating any provision of this section shall be subject to a forfeiture of not less than $50 nor more than $150 for a first offense and not less than $100 nor more than $500 for a second offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

[Amended 9-8-1999 by Ord. No. 1419; 1-10-2007 by Ord. No. 1664]

[1] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.

§ 5.043 Regulation of electric scooters.

[Added 4-13-2022 by Ord. No. 2003]

(1) Intent. The intent of this section is to protect the public health, safety, and welfare by preventing or mitigating against any adverse impact that electric scooter rental and operation may have, by restricting the locations in which electric scooters may be operated and parked, and by licensing the short-term commercial rental of electric scooters in the City.

(2) Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

ELECTRIC SCOOTER

A device weighing less than 100 pounds that has handlebars and an electric motor, is powered solely by the electric motor and human power and has a maximum speed of not more than 20 miles per hour on a paved, level surface when powered solely by the electric motor. "Electric scooter" does not include an electric personal assistive mobility device, motorcycle, motor bicycle, electric bicycle, or moped.

LICENSEE

The holder of a commercial electric scooter rental license issued under section.

OPERATE AN ELECTRIC SCOOTER

To ride on an electric scooter powered at least in part by the electric motor.

REBALANCING

The redistribution of electric scooters throughout the City.

USER

An individual who uses an electric scooter for the purpose of transportation or recreation.

(3) Usage of electric scooters.

(a) No person shall operate an electric scooter on any roadway under the City's jurisdiction having a speed limit of more than 25 miles per hour.

(b) No person shall operate an electric scooter on any sidewalk under the City's jurisdiction.

(c) No person shall operate an electric scooter on Green Bay Street other than to lawfully cross such street.

(d) Electric scooters may be operated on any roadway under the City's jurisdiction having a speed limit of 25 miles per hour or less, and on recreational trails under the City's jurisdiction, subject to state, federal and county regulations.

(e) No person who has not attained the age of 12 may operate an electric scooter unless he or she is accompanied by and under the direct supervision of an adult over the age of 18 years of age.

(4) Parking of electric scooters.

(a) Electric scooters shall be parked in an upright position, with two wheels making a point of contact with the ground.

(b) Electric scooters shall not be parked in a way that provides less than a five-foot-wide path on the sidewalk for pedestrian access.

(c) Electric scooters shall not be parked between the sidewalk and the curb where such area is less than three feet wide.

(d) Where possible without impeding the flow of pedestrian traffic, an electric scooter may be parked on a sidewalk, or in a bicycle rack or other similar area designated for bicycle parking.

(e) On blocks without sidewalks, electric scooters may be parked in the roadway if the right-of-way and the pedestrian way are not obstructed by so parking the electric scooter.

(f) Except at existing permitted bicycle facilities, electric scooters shall not be parked between the sidewalk and the curb where adjacent to or within the following locations:

1. Parklets;

2. Loading zones;

3. Accessible parking spaces;

4. Curb ramps;

5. Entryways;

6. Driveways;

7. Street furniture requiring pedestrian access; and

8. Transit stops (including bus stops, shelters, and passenger waiting areas).

(5) Rental of electric scooters.

(a) License required. No person or business shall offer short-term commercial rental of electric scooters to the public unless the person or business has obtained a license in accordance with this section.

(b) License application requirements.

1. Application for a commercial electric scooter rental license shall be made in writing to the City Clerk, upon applications furnished by the Clerk's office.

a. In the case of a sole proprietorship, the owner shall sign the application.

b. In the case of a partnership, the name of the business and the names and addresses of all partners shall be provided on the application. One of the partners shall sign the application.

c. In the case of an LLC or a corporation, the name of the business and the names and addresses of the principal officers shall be provided on the application. In the case of an LLC, one of the members shall sign the application. In the case of a corporation, the president and secretary shall sign the application.

2. The application shall identify contact information (including a phone number and email address) for an operations manager based within 50 miles of the City.

3. The applicant shall include a copy of their user agreement and privacy policy with the application.

4. Insurance.

a. The applicant shall include a certificate of insurance with the application that meets the requirements of this provision.

b. The applicant's insurance shall provide that the City of Shawano will receive a thirty-day written notice of cancellation, nonrenewal, or material change by any insurer providing coverage required by this provision.

c. Insurance companies must have a current A.M. Best rating of A-VII or better.

d. The applicant's insurance policy limits shall meet at least the following requirements:

i. Workers' compensation (only required if the applicant employs persons within the State of Wisconsin): statutory limits.

ii. Commercial general liability insurance: $2,000,000 per occurrence and $3,000,000 in the aggregate.

iii. Auto liability: $2,000,000 per occurrence and $3,000,000 in the aggregate.

e. The City of Shawano shall be listed as an additional insured on the applicant's commercial general liability insurance policy.

f. If the applicant uses subcontractors for maintenance, rebalancing, or any other aspects of the applicant's commercial electric scooter rental business, the subcontractor must be covered by the applicant's insurance or the applicant must demonstrate that the subcontractor independently meets the insurance provisions of this requirement.

5. Indemnification. The applicant shall agree to indemnify, defend, and hold the City of Shawano (and the City's officers, employees, and agents) harmless from and against all actions, damages, or claims brought against the City of Shawano arising out of the applicant's operations. The City Attorney shall have the authority to negotiate the terms of the indemnification provision with the applicant.

6. Application fee. The fee for a commercial electric scooter rental license required by this section shall be as set by Council resolution.

7. Granting licenses. The City Clerk shall issue a license under this section if all requirements have been met and if issuance is in the best interest of the City. The City Clerk may deny any license under this section in his or her full discretion in the interest of public safety or if the application is not in the interest of the City. In reviewing the application, the City Clerk shall consider any input from the City Administrator, the City Attorney, the Police Chief, the Director of Planning and Development, or their designees. If the Clerk denies a license, the applicant may appeal said denial to the Licensing, Hearing, and Public Safety Committee of the Common Council.

8. Term of license. Any license issued pursuant to this section shall be effective upon issuance. It shall expire on the 31st day of December following its issuance.

(c) Rental operation requirements. In conducting their electric scooter rental business, each holder of a commercial electric scooter rental license shall comply with the following:

1. Maximum number of scooters. No licensee shall have more than 300 scooters available for rent within the City at any one time without the approval of the of the Common Council.

2. Hours of operation. No licensee shall make electric scooters available for rent before 4:00 a.m. or after midnight.

3. User fees. Any user fee for the rental of an electric scooter shall be clearly and understandably communicated to the user prior to the usage of the electric scooter.

4. Parking. The licensee shall:

a. Provide instructions for properly parking electric scooters to users.

b. Keep the sidewalk free from obstructions to pedestrians by requiring users to park electric scooters such that a walk space not less than five feet wide shall at all times be kept open for pedestrians.

c. Use geofencing to prohibit parking in areas in which parking is prohibited by this section.

d. Upon notification by the City Administrator or a designee to the operations manager that an electric scooter of license is improperly parked, the licensee shall relocate the electric scooter in accordance with the following requirements:

i. Within three hours of notice received between 7:00 a.m. and 7:00 p.m.

ii. By 10:00 a.m. for notice received between 7:00 p.m. and 7:00 a.m. The City of Shawano may relocate improperly parked electric scooters which are not relocated in accordance with this requirement and shall bill the licensee $50 for each electric scooter it relocates, which is reasonably calculated to recapture the City's costs in relocating an improperly parked electric scooter.

e. Licensees may appeal fees imposed by Subsection (5)(c)4dii above, to the Finance Committee by providing written notice to the City Clerk within 10 business days of receiving notice of a fee.

f. Licensees that owe $500 or more to the City of Shawano related to the relocation of the licensee's electric scooters shall, upon five business days' written notice, have their license suspended until the total amount owed has been paid. Prior to the expiration of the five business days' notice, the licensee shall remove their electric scooters from the City or shall make payment to the City. If licensee does not remove their electric scooters from the City or make payment to the City during this time period, the City may remove the electric scooters pursuant to Subsection (5)(e).

5. Safety education. The licensee shall provide materials to its users to promote safe riding and educate users on rider responsibilities and encourage safe and courteous riding and parking.

6. Snow events.

a. The licensee shall ensure that their electric scooters do not impede City of Shawano or resident snow removal and ice control operations.

b. In the event that the City of Shawano declares a snow emergency, the licensee shall ensure that its electric scooters are removed from the right-of-way for the duration of the snow emergency.

7. Notice of changes. In the event that the licensee changes its operations manager identified in its application (including contact information for the operations manager), user agreement, privacy policy, or insurance, the licensee shall provide notice to the City Clerk within three business days of the change.

8. Website or mobile application. If the licensee operates a website or smartphone application, the website and smartphone application shall:

a. Notify users that:

i. Helmet use is encouraged while riding an electric scooter;

ii. Sidewalk riding is prohibited;

iii. Users are required to follow all rules of the road; and

iv. Scooters must be parked responsibly.

b. Provide a means for users to notify the licensee if there is a safety or maintenance issue with the electric scooter. The licensee shall immediately take the scooter out of service upon receipt of notice that there is a safety or maintenance issue and shall not return the scooter to service until the licensee has resolved the safety or maintenance issue.

9. Electric scooter standards. Any electric scooter made available for rent by the licensee must meet the following requirements:

a. Each electric scooter shall meet the requirements described in Wis. Stats. §§ 340.01(15ps), 347.489(1), 347.489(2), and 347.489(3).

b. Each electric scooter shall include easily visible contact information, including a toll-free phone number and email address, for members of the public to make relocation requests or to report other issues with the electric scooters.

c. Each electric scooter shall be inspected by the licensee at least once per month. The inspection shall include, at a minimum, a check of the brake function and brake-level wear. Any electric scooter deemed unsafe or inoperable shall be placed out of service immediately. The licensee shall maintain records of its inspections, which shall be open to the City for inspection upon reasonable request.

d. Each scooter shall be equipped with wheel-lock technology to prevent unauthorized use.

e. Geofencing shall be used to prohibit usage in areas prohibited by this section.

f. Each scooter shall be assigned a unique identifying number (which is clearly labeled on the electric scooter), which shall be provided to the City Clerk prior to making the electric scooter available for rental in the City.

10. Data and reporting. The licensee shall provide data reasonably requested by the City of Shawano to assist with monitoring program usage.

11. Assist with user compliance. In addition to the requirements set forth above, the licensee shall take any additional steps reasonably requested by the City to ensure appropriate usage of electric scooters by its users.

(d) Suspension or revocation of license.

1. A license may be suspended or revoked by the City Clerk or their designee for any of the following reasons:

a. Failure to comply with any of the provisions of this section;

b. Violating any state statutes or City Code provisions;

c. By request of the City Administrator, City Attorney, Police Chief, or their designees, when said request provides evidence of the reasons in Subsection (5)(d)1a or b above.

2. Any licensee whose license has been suspended or revoked under the provisions of this subsection may appeal said suspension or revocation to the Licensing, Hearings, and Public Safety Committee of the Common Council by providing written notice to the City Clerk. The Licensing, Hearings, and Public Safety Committee shall conduct a hearing within 30 days of receipt of a written appeal.

(e) Unlicensed electric scooter rentals. In the event that a person or business commences short-term commercial rental of electric scooters to the public in the City without having first obtained a license in accordance with this section, the City may, without advance notice, take possession of any unauthorized electric scooters in the right-of-way. The City shall provide notice to the unauthorized person or business that it has taken possession of the electric scooters and invoice the unlicensed person or business the rate for relocating an electric scooter set in Subsection (5)(c)4d, above. The unlicensed person or business may appeal fees imposed by this subsection to the Finance Committee by providing written notice to the City Clerk within 20 business days of receiving notice of a fee. If the unlicensed person or business does not appeal the fees imposed or make payment within 45 days of receipt of invoice, the City may dispose of any electric scooters belonging to the unlicensed person or business in its possession. Any proceeds from the disposition shall be used to offset the unlicensed person or business's unpaid fees. Any costs from the disposition shall be billed to the unlicensed person or business.

(6) Penalties. In addition to the penalties specifically provided in this section, any person who shall violate any provision of this section shall be subject to a penalty as provided in § 20.04 of this Code.

§ 5.05 Snow and ice removal.

(1) The owner or lessee of every lot or parcel of land in the City in front of or abutting upon a sidewalk shall clear the entire sidewalk of snow within 24 hours after any given snowfall and shall cause the entire sidewalk to be kept clear of snow and ice.

[Amended by Ord. No. 1295]

(a) Where sidewalks are constructed on trunk highways, municipal state-aid routes, county highways and county state-aid routes and at the rear of adjacent properties, such sidewalks will be cleared of snow and ice by the City or an agent of the City.

[Added 7-1-1998 by Ord. No. 1364]

(2) No person shall deposit or cause to be deposited any snow or ice taken and removed from his or her premises or elsewhere upon any sidewalk, alley, parkway, public place or street in the City; provided, however, that the removal of snow from a sidewalk in front of or abutting his or her premises, as is required by Subsection (1) above, may be deposited on the alley or street.

(3) The deposit of any snow or ice upon any sidewalk, alley or street of the City contrary to the provisions of this section shall be and is declared to be a nuisance and, in addition to the penalty provided for violation of this section, the City may summarily remove any snow so deposited and cause the cost of said removal to be charged to the owner of the property from which said snow or ice has been removed. If not paid within 30 days, such charge shall be extended upon the current or next tax roll as a delinquent property tax as provided in W.S.A. s. 66.60(16).

(4) Snow removal by City. It shall be the duty of the designated Property Maintenance Official to enforce this section, and if any person shall fail to comply herewith, the Property Maintenance Official shall, after 24 hours' written notice to the owner, have the snow/ice removed from the sidewalks and shall report the cost thereof, in writing, to the Clerk-Treasurer. The costs/fees shall be as set by Council resolution. In the event of nonpayment within 30 days from said report of cost, such cost shall be assessed against the real estate as a special charge. Repeat offenses at a premises will not be noticed to the property owner, and the Property Maintenance Official shall have the snow/ice removed from sidewalks and the costs reported and collected as provided above.

[Amended 9-8-1999 by Ord. No. 1419; 3-11-2015 by Ord. No. 1859]

(5) The Director of Public Works is hereby authorized, at the request of any person desiring to have snow removed from his or her premises, to remove said snow with City equipment, and the actual cost (labor and materials) of said removal shall be paid by such person requesting such snow or ice to be removed promptly upon presentation of a statement from the Director of the cost of such removal. If said charge is not paid upon presentation of the statement, the same shall be placed upon the tax roll as provided in Subsection (4) above. The Director shall not be obliged to remove snow or ice at the request of any owner of property, but may do so only in case the City equipment required for the removal of the snow or ice is not required by the Department of Public Works for use upon City streets or in work pertaining to the City.

[Added 7-11-2007 by Ord. No. 1685; 3-11-2015 by Ord. No. 1859]

(6) Exemptions. To prevent unnecessary hardship and to avoid practical difficulty in complying with the foregoing snow and ice removal requirements, any aggrieved party may request a specific exemption from the Field Committee. Such request shall be submitted in writing and shall detail the unnecessary hardship or practical difficulty claimed (i.e., mid-block sidewalk not connected to any other sidewalk). Any exemptions so granted by the Field Committee shall be in writing, and shall clearly show what particular and specific unnecessary hardship or practical difficulty is exempted or extended, and a copy of same shall be filed with the Clerk-Treasurer so as to be available for public inspection.

[Added 7-11-2007 by Ord. No. 1685]

§ 5.06 Street signs prohibited.

No sign or advertisement shall be erected on Green Bay Street or Main Street without the approval of the Building Inspector. The Inspector shall administer the policies of the State Highway Commission relative to the erection of signs and advertisements within or on such streets.

§ 5.07 Sale or display of merchandise prohibited.

No person shall display, purchase or sell, or offer to purchase or to sell, on any street, sidewalk, alley or other public place within the City, anything of value or service of any kind, except in connection with a City-wide enterprise or promotion of community trade.

§ 5.08 House numbering system established.

(1) The official house numbering system for the City now on file in the office of the Building Inspector which assigns a number for each house, building and parcel of land within the City is hereby adopted by reference. The Inspector is directed to establish and place on file a number for each parcel in new subdivisions.

(2) Each property owner shall affix to his or her house, or other building having a street address, evidence of his or her official number where it shall be plainly visible from the street. If the property owner fails to do so within 10 days after notice by the Inspector, the City shall cause the same to be affixed and shall charge the cost thereof against the benefited property, to be collected as other special charges when taxes are collected.

§ 5.09 Utility extensions required.

All utility, water and sewer mains and service laterals to the abutting property shall be installed before any street is permanently surfaced or resurfaced. The Manager of the Shawano Municipal Utilities shall inform the Director of Public Works in writing of all proposed construction of water and sewer mains and service laterals as soon as conveniently may be.

§ 5.10 Special street improvements and assessments.

[Amended by Ord. No. 1274]

(1) General application.

(a) The installation of any special street improvement shall be an exercise of the special taxing power or of the police power of the City as may from time to time be determined by the Council, and the property served shall be assessed pursuant to the provisions of W.S.A. ss. 66.60 and 66.62.

(b) The total cost of any special improvement to be paid in whole or in part by special assessment shall include the direct and indirect costs reasonably attributable thereto, including but not site preparation and restoration, damages occasioned by the special improvement, interest on bonds or notes issued in anticipation of the collection of assessments and a reasonable charge for engineering, legal and administrative costs. Minor cost such as street signs, street trees and streetlighting shall also be assessed to the developer.

[Amended 3-9-2005 by Ord. No. 1614]

(c) The total assessment for any special improvement shall be based upon the total cost as defined in Subsection (1)(b) above and shall be apportioned among the individual parcels benefited. Such apportionment shall generally be computed on a linear frontage or equivalent lot basis unless the Council otherwise determines that extenuating circumstances require a different method of assessment.

(2) Streets.

[Amended 2-20-2002 by Ord. No. 1511]

(a) Streets shall be constructed in accordance with specifications established by the Public Works Field Committee.

(b) Special assessments for all new streets hereinafter constructed shall be levied at 100% of the total cost of construction, except that the City shall pay for 50% of the bituminous or concrete pavement cost. The cost of maintaining and resurfacing existing streets shall be borne by the City.

(3) Curb and gutter.

(a) Curb and gutter shall be installed in accordance with specifications established by the Public Works Field Committee.

(b) Special assessment for all new curb and gutter shall be levied at 100% of the total cost. The cost of maintaining and replacing existing curb and gutter shall be borne by the City.

(4) Sidewalks.

(a) Sidewalk standards. The sidewalk shall be located in such places as designated by the Public Works Field Committee. The sidewalk shall be aligned on the same side of the street as sidewalks exist on the adjacent blocks.

[Amended 8-12-1998 by Ord. No. 1369]

(b) New sidewalks. Fifty percent of the costs for the installation of new sidewalks shall be specially assessed to adjacent property owners. The Department of Public Works shall budget for the remaining costs.

[Amended 2-20-2002 by Ord. No. 1512; 6-12-2002 by Ord. No. 1523]

(c) Sidewalk repair or replacement. The Public Works Field Committee may order the repair, removal or replacement of any sidewalk located on the street right-of-way which is unsafe, defective or insufficient. The Public Works Department shall repair or construct such sidewalk with funds included in the annual budget.

(d) Payment for certain work. Sidewalks that require replacement due to changes in the property use because of requests made by the property owner or remodeling or improving the property site, or damage caused by the property owner, shall be replaced by the owner at the owner's expense.

(5) Storm sewer. The special assessments upon the property benefited by the installation of storm sewer shall be levied at 100% of the total cost of all mains 18 inches in diameter and below. When storm sewer construction includes mains larger than 18 inches in diameter and manholes larger than 48 inches in diameter, the City shall pay the difference in cost. The cost of storm sewer laterals shall be charged to the property owner benefited. Reconstruction or development of storm sewer in areas of existing homes shall not result in the assessments for such improvements. In the event that a user/developer requires a storm sewer or construction for more than the sizes as set forth herein, the user shall pay the cost of the next larger pipe size required for the pipe size brought to the street by the user/developer, and the City shall pay the additional cost incurred if the City desires to put in a larger size storm sewer or other construction larger than the next larger pipe size due to future development needs of the City.

[Amended by Ord. No. 1300]

(6) Request for public improvements. Any person, partnership, association, corporation or other legal entity of any kind that requests a public improvement such as sewer, electric, water, street, curb and gutter or other such improvement or the modification or relocation of same shall provide a written request for said improvement to the Shawano Municipal Utilities and the Department of Public Works by August 15 of the year prior to when the public improvement is requested to be provided. Said request shall be in writing and shall include the name, address and telephone number of the person requesting the improvement, a description of the improvement that is being requested, the planned location of the improvement and any other information requested by the City.

(a) The City and the Utility may request that the developer provide evidence of the ability to pay the assessments on the proposed project.

(b) The City shall not commit to budget more than $500,000 for the financing of special assessments in any one budget year without special approval of the Council.

§ 5.11 Penalty. [1]

The penalty for violation of any provision of this chapter shall be a penalty as provided in § 20.04 of this Code. A separate offense shall be deemed committed on each day on which a violation of this chapter occurs or continues.

[1] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.