City of Fond du Lac, WI
Fond du Lac County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Fond du Lac 6-23-1993 by Ord. No. 2679 as §§ 8.01 to 8.04, 8.06 to 8.09 and 8.10 to 8.40 of the 1993 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Bicycles and play vehicles — See Ch. 241.
Erosion control and stormwater management — See Ch. 325.
Licenses and permits — See Ch. 433.
Nuisances — See Ch. 476.
Trees — See Ch. 607.
Subdivision of land — See Ch. 705.
Zoning — See Ch. 720.
[Amended 4-24-2014 by Ord. No. 3544; 2-13-2019 by Ord. No. 3684]
The Department of Public Works shall issue or direct the issuance of permits for all work to be done in the City’s rights-of-way, which include sidewalks, streets, curbs and gutters, except where this chapter provides that the Council shall approve the issuance of such permits. It shall be the duty of every person, agent, or contractor to whom a permit is issued under the provisions of this chapter to keep the permit on premises at all times. The permittee may also be required to obtain a special event or march/public assembly permit, as provided in Chapter 562 of the Code of the City of Fond du Lac.
A. 
All lots and parts of lots in the City shall be numbered in accordance with a certain map on file in the office of the City Engineer which is designated as "a street numbering map," bearing City Clerk's file No. 38-4996, or as subsequently numbered. All lots and parts of lots hereafter platted shall be numbered to conform as nearly as possible to the general scheme of numbering as outlined on the map, and numbers shall be allocated as nearly as possible of one number to each 20 feet. Division Street shall be the north and south base line and Main Street shall be the east and west base line for street numbering.
[Amended 4-24-2014 by Ord. No. 3544]
B. 
Any owner or occupant of any building fronting upon any street in the City who fails after 20 days after the completion of such building to attach securely or apply to the front of the same in a conspicuous position and not higher than the first or ground story of the building so that the same can be plainly seen from the street the proper number of such building as inscribed upon the map in figures not less than 2 1/2 inches in height shall be deemed to be in violation of this section and may be prosecuted at any time five days after the Chief of Police shall serve written notice on such owner or occupant demanding that he properly number the same.
C. 
The streets of the City shall bear the names appearing upon the street numbering map referred to in this section, except as subsequently changed by resolution. Such names shall only be changed by resolution and, when so changed, the City Engineer shall make a corresponding change upon the map.
[Amended 4-24-2014 by Ord. No. 3544]
A. 
Establishing and filing. The grade of all streets and sidewalks as established by the Council shall be kept on file in the office of the City Engineer, who shall establish the grade whenever none has been previously established.
B. 
Unauthorized changing of grade. No person shall alter the grade of any street, alley, sidewalk or public ground in the City by taking from or adding to the surface of such street, sidewalk, alley or public ground by digging, plowing or otherwise changing or disturbing the surface unless authorized or directed by the Council.
C. 
Existing grade approved. The grades of all streets, sidewalks, and public grounds on file August 18, 1942, as the established grade in the office of the City Engineer, are hereby approved and confirmed and shall continue unless changed or altered by the Council.
[Amended 4-24-2014 by Ord. No. 3544]
No person shall occupy or use in any way any public street, sidewalk or alley for any purpose except public travel or for the parking of vehicles on such streets or alleys as permitted by this chapter unless such use is authorized by the Council as provided in this chapter; provided, however, that this prohibition shall not apply to charitable organizations as defined by Wisconsin Statutes which from time to time solicit funds for the furtherance of their activities by such means as the sale of poppies, forget-me-nots, etc. This enumeration is not to be construed as limiting the activities outlined above but is merely for the purpose of illustration. The Council may from time to time grant permission for such charitable activities on the public streets and sidewalks.
A. 
Permit. No person shall block or obstruct any sidewalk, street, alley or any portion thereof in the City without obtaining a permit from the Director of Public Works or designee. Obstructions include any object(s) in the right-of-way which obstructs the free movement of vehicular, pedestrian, or bicycle traffic, including the placement of vehicles, equipment, building materials, dumpsters, PODS®, or any other materials. The permittee may also be required to obtain a special event or march/public assembly permit, as provided in Chapter 562 of the Code of the City of Fond du Lac.
[Amended 4-24-2014 by Ord. No. 3544; 2-13-2019 by Ord. No. 3684]
B. 
Application for permit. Application shall be made to the Director of Public Works on prescribed form for such permit. Such applications shall be in regular form and approved by the Director of Public Works, by the provisions of which it shall, among other things, hold the City harmless from any and all damages which may result to or against the City for allowing or permitting such obstruction. The Director of Public Works shall issue such permit only when it appears that such use will not render public travel on or along a street or a sidewalk dangerous or hazardous.
[Amended 4-24-2014 by Ord. No. 3544]
C. 
Fee. The permit fee will be set by resolution of the City Council.
[Amended 4-24-2014 by Ord. No. 3544; 2-13-2019 by Ord. No. 3684]
D. 
Notice of issuing permit. The Director of Public Works shall notify the Police Department and Fond du Lac Fire/Rescue Department of the issuance of any permit allowing the obstructing of 1/2 or more the width of any public street or alley. Such notice shall state the name of the person holding the permit and the exact place and the time for which such obstruction is authorized, and no permit shall authorize the obstruction of any sidewalk, street or alley for more than 15 days unless authorized by the City Manager, and in no event shall such obstruction be longer than 30 days under any one permit.
[Amended 1-28-2015 by Ord. No. 3570]
E. 
Privileges in streets under statutes. Privileges in streets which by their extent and duration are subject to § 66.0425, Wis. Stats., shall be governed thereby, and this section and § 568-7 so far as in conflict therewith shall not apply. Section 66.0425, Wis. Stats., is hereby adopted by reference. Violation of the provisions of § 66.0425, Wis. Stats., shall constitute a violation of this section.
F. 
Barricades. The person obtaining such permit or in whose behalf the permit was obtained shall cause such obstruction to be properly barricaded and guarded by day and night so as to sufficiently warn public travelers that the same is as reasonably safe as the nature of the obstruction will permit.
[Added 10-27-1993 by Ord. No. 2685]
A. 
It shall be unlawful for any railroad company to operate or permit the operation of any railroad train, locomotive or car upon or across any street crossing within the corporate limits of the City, or leave the same standing upon such crossing, so that such crossing is obstructed to users of such street for a period longer than six consecutive minutes, except in cases where such obstruction is caused by circumstances beyond the control of the person in charge of such train or the railroad company.
B. 
When circumstances are found to be beyond the control of persons in charge of trains or the railroad company for a ninety-day period, the City shall serve notice to the railroad company that said circumstances shall be brought under control within a ninety-day period from the date of notice. Said circumstances continuing beyond that period of time shall not be considered to be beyond the control of the railroad company.
[Amended 4-24-2014 by Ord. No. 3544]
A. 
Permit. No person shall in any manner excavate in or remove any portion of any street, alley, sidewalk, terrace, easement or other public place in the City without having first obtained an excavation in the right-of-way permit from the Director of Public Works or designee. All work completed in any street, alley, sidewalk, terrace, easement, or other public place in the City must follow the current City of Fond du Lac Standard Specifications published by the Engineering Division.
B. 
Application for permit. The application for excavating in or removing any dirt from under any public street, sidewalk or alley shall be made to the Director of Public Works on the specified excavation permit. The application shall state the location and the extent of the proposed excavation or removal of earth. Such application shall also be accompanied by a performance bond and insurance certificate as approved by the Director of Public Works, by the provisions of which it will hold the City harmless from any and all claims which may arise by reason of the applicant's use of such street for excavating purposes. The amount of the bond shall be the sum of $10,000. The Director of Public Works shall issue the permit only when it appears that the use will not render public travel on or along the street, sidewalk or alley dangerous or hazardous. Any person making proper application for such permit who is aggrieved by the refusal of the Director of Public Works to grant the permit may make further application to the City Manager, and the City Manager shall reexamine the matter and have full power to act. When such application is made by public service corporations or cooperative associations under Ch. 185, Wis. Stats., to render or furnish telephone, gas, light, heat or power, it shall not be necessary that the application be accompanied by a bond in regular form as otherwise provided by this subsection.
C. 
Fee. The permit fee shall be set annually according to the adopted fee schedule.
D. 
Excavation and backfilling.
(1) 
Any excavations made in any public street, sidewalk or alley shall not be larger and shall not be left open longer than the necessities of the work demand. All excavations shall at all times be properly guarded by day and by night in such manner as to sufficiently warn public travelers upon or along such street, sidewalk or alley, so that the same are as reasonably safe as the nature of the work will permit. The person making such excavation shall be responsible for any damages which may result to any person or to any property by reason of such excavating work, and the City shall assume no responsibility therefor by reason of granting such permit.
(2) 
All backfilling for excavation below the pavement, asphalt other hard surface of the traveled way on any street, sidewalk or alley shall be done with graveled sand or crushed stone, firmly tamped, and all earth, stone and other material excavated shall be hauled away by the person authorized to make such excavation; provided, however, that when such excavation is made upon any street or alley not open to public travel and actually not being used for such purpose, the person making such excavations may refill with earth, stone or other material excavated from the location, provided the same shall be slushed back with water, thoroughly and properly tamped, so that the street is left in as good condition as it was in immediately before such excavation was made.
E. 
Private use of surplus City dirt. No City employee, agent, contractor or subcontractor shall haul away or direct the hauling away of any surplus dirt from any City project, whether street work or otherwise, for private use, unless it is sold upon the terms and/or prices as are set by the Council, with payments to be made through the Comptroller's Office, and records kept to show the name of the purchaser and the cost to purchaser, except the abutting landowners upon streets dedicated to public right-of-way by easement and not by complete ownership in the City may obtain surplus dirt for use on the abutting land without cost, upon written request to the Comptroller.
A. 
Cellars and vaults. No person shall dig or construct, cause to be dug or constructed or have or maintain any area or entrance around any cellar or basement story of any building or open area or open cellar way or entrance leading from the street or alley to the basement of such building; or dig, construct or cause to be dug or constructed any vault or cellar so that the same shall extend into the land of any street, sidewalk, alley or public place; or build, make or cause to be built or made or have or maintain any sidewalk, cellar door or other door or window over or opening into any vault or cellar which opening or window is in or on any street, alley or sidewalk without permission first being granted by the Council. If such permission is granted, a certified copy of the action of the Council taken upon the matter shall be filed by the City Clerk with the Director of Public Works and kept as a record relating to streets, sidewalks and alleys. No basement door, outside entrance or trap door shall extend more than three feet into the line of the street, sidewalk or alley.
B. 
Protection for sidewalk openings. Every opening to any vault, coal hole, chute or aperture in the sidewalk over the same shall be covered with a substantial, good and sufficient iron or steel door or doors, plate or plates with other than a smooth or slippery surface, and shall be laid even with the sidewalk so that persons using the sidewalk can pass with safety over the door, plate or plates.
C. 
Owner's and occupant's liability. The owner, occupant or tenant of the abutting premises in front of which any opening is maintained in any sidewalk as provided in this section shall be solely responsible for any and all damages and costs which may be adjudged or be required to be paid to any persons for damages in consequence of any defect or inadequacy in the construction of the covering or for the maintenance of such opening, and should it be adjudged that the City is responsible regardless of the above declaration, the City shall have recourse against any such owner, occupant or tenant for any damages which may be rendered against the City because of the maintenance of the opening, and such application for permit, or the continued maintenance of openings, shall be deemed to impose such liability upon the owners, occupants or tenants.
D. 
Removing grates. No person shall remove or insecurely fix any bed, grate, door or covering of any opening in any sidewalk permitted by this section, except that such openings may be opened while actually being used, providing they are properly guarded with a guard of at least three feet in height, firmly and securely made and so placed that persons using the sidewalk cannot pass over that portion of the sidewalk where such opening exists, and likewise no person shall leave the covering wholly or partially open or leave any portion extending above the surface of the sidewalk, except when the opening is actually being used as provided herein.
E. 
Bond. All persons having or maintaining any trap door or openings in any sidewalk or having or maintaining any vault or excavated area under any street, alley or sidewalk in the City and all persons receiving permission to construct the same shall at all times have on file with the City Clerk a bond or public liability insurance policy in the sum of not less than $25,000 for each person and $50,000 for each accident, except that permits for oil intakes in sidewalks of a construction approved by the Sidewalk Inspector shall require a bond or public liability insurance policy with terms and amounts as set by the City Engineer.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
No person shall place, scatter, deposit, cast or cause to be placed, scattered, deposited or cast upon any public street, alley, gutter, sidewalk or other public grounds in the City any lumber, wood, timber, ashes, rubbish or any vegetables, paper, glass, tacks, nails, tin cans, wire shavings, refuse matter, carcass, earth or any other thing or substance whatsoever which may obstruct or be likely to obstruct any street, alley, gutter, sidewalk or public ground or impede or tend to impede, hinder or endanger travel thereon or which shall or may injure or deface the same or render the same unclean or unsanitary or impede or tend to impede or clog the storm sewage system of the City, nor shall any owner or occupant of any lot or premises within the City permit or allow the limbs, branches, or leaves of any tree or shrub upon his or her premises to obstruct or interfere with the free passage of pedestrian or vehicular traffic upon said sidewalks or streets.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
No person in clearing snow from a private property, driveway, business, or other large area shall pile or distribute snow in the street, alleyways or any portions of the street right-of-way within the City which in any way tends to narrow the traveled portion of the street, block the vision of motorists at intersections or prevent parking at the curb or in any other way impede snow removal or create a traffic hazard. Persons having such an accumulation of snow shall remove the same at their own expense without depositing the same in the public streets or public right-of-way. Nothing contained herein shall be applicable to the removal of snow from sidewalks in the City.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
No person shall burn any brush, leaves, grass, papers, rubbish or similar substance or materials upon any street, sidewalk, alley, gutter or public place in the City.
[Amended 7-12-1995 by Ord. No. 2792[1]]
No person shall plant a tree on any City parkway or in a street right-of-way without first obtaining authorization from the City.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
No person shall deposit, scatter or permit to be deposited, scattered or dripped any oil, gasoline or petroleum products upon any hard-surfaced streets, alleys or sidewalks in the City except when such deposit is made by and under the direction of the Director of Public Works.
No operator of any vehicle shall operate or drive any vehicle in such manner as to cause any materials being transported to spill upon the public streets or alleys of the City.
A. 
No person shall construct or maintain any driveway between the curb and gutter and the property lines of any property on any street unless the entire combined curb and gutter shall first have been removed and the same replaced with a driveway gutter which shall be constructed separate from the driveway itself.
B. 
No person shall construct or maintain any plank or metal or other raised approach to any driveway or alley across any gutter on any paved or other hard-surfaced streets having a curb and gutter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Curb or gutter.[1]
(1) 
No person shall begin to construct, reconstruct, repair, alter, or grade any curb or gutter without first obtaining a permit from the Director of Public Works or designee.
(2) 
Application shall be made to the Director of Public Works on prescribed form for such permit. The application shall state the location and the exact number of feet of curbing and gutter to be removed and shall also state in general terms how the driveway will be rebuilt. Whenever a curb is altered or closed, the work shall be performed according to the specifications for curb cuts on file with the Engineering Division.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Curb and terrace.
(1) 
It is hereby declared to be the policy of the City to permit, under certain circumstances, owners of property abutting on public streets to remove that portion of the public right-of-way defined as the curb and terrace and to resurface the same to provide for motor vehicle parking.
(2) 
Permits to effect the provisions of Subsection B(1) above shall be obtained from the Director of Public Works, and such permits may be secured when the applicant and the area under consideration have met the following conditions:
(a) 
The area to be rebuilt to provide parking must be on a street which is in the foreseeable future subject to reconstruction and widening, this determination to be made by the Director of Public Works subject to appeal to the Council.
(b) 
All expenses incurred shall be borne by the property owner, except when the area to be rebuilt is subject to reconstruction within a period of one year from the date of application, in which case the cost shall be borne by the City and be considered part of the general expense of the contemplated future improvement for the area.
(c) 
Plans and specifications for the reconstruction shall be approved by the Director of Public Works.
C. 
The permit fee shall be set annually according to the adopted fee schedule.
[Added 4-24-2014 by Ord. No. 3544]
No person shall construct or maintain any gasoline or similar curb pumps of petroleum products in any street or construct or maintain any air hose outlet or standard on any public street of the City.
No person shall place or deposit on the terrace of any street any cask, box, crate, wood, stone, plank, board, goods, wares, merchandise, ashes or other substances or materials. There shall be no violation of this section when such material is so placed in a regular container for immediate collection and disposal, and actually collected within 24 hours. No person shall park any automobile or truck on the terrace of any street for any purpose at any time.
No person shall use any sidewalk, street or any part thereof as a place for vending, selling or dealing in merchandise, except when licensed to do so as provided in this Code.
[1]
Editor’s Note: Former § 568-20, Parade permits, was repealed 2-13-2019 by Ord. No. 3684.
The owner or occupant of a lot, part of a lot or building in the City fronting upon any street shall keep the sidewalk in front of such property and along the same clean and free from all dirt, rubbish, encumbrances or obstructions.
No operator of any motor vehicle or horse-drawn vehicle shall operate or drive the same over or onto any sidewalk in the City, except in necessarily crossing the same.
A. 
The owner or occupant or person in charge of each lot or part of lot within the City fronting or abutting on a sidewalk shall, within 24 hours after the cessation of each snowfall, remove all ice and snow which may have fallen or accumulated upon the sidewalk under his/her care, including crosswalks and handicapped accessibility ramps if said property is a corner lot. When ice is so formed upon any sidewalk that it cannot be removed, such person shall keep the same sprinkled with sand, salt or other abrasives in a manner as to prevent the sidewalk from being dangerous for pedestrian travel, and as soon as weather permits, cause such sidewalk to be thoroughly cleaned. Failure to remove snow and ice accumulations shall be deemed a violation of this section and punishable by the payment of a forfeiture provided in § 1-4 of this Code.
[Amended 10-13-2004 by Ord. No. 3226]
B. 
In the event of the failure of any person to clean or sprinkle sidewalks as provided in Subsection A above, the Director of Public Works shall cause such sidewalks to be cleaned or sprinkled at his discretion. He shall keep an accurate account of the expenses of removing the snow and ice and cause a reasonable charge to be inserted in the tax roll against the property and the same shall be collected in the manner as other special assessment taxes upon real estate as provided in § 66.0907, Wis. Stats.
[Amended 4-24-2014 by Ord. No. 3544]
[Amended 4-24-2014 by Ord. No. 3544]
No owner or occupant of any lot or building shall permit or allow water, from a sump pump or any other source upon his or her premises, to obstruct or interfere with pedestrian or vehicular traffic upon the sidewalk or streets so as to create a public nuisance or hazard.
No person shall take part in the playing of any game of baseball, football or other game upon the public streets, alleys or sidewalks of the City.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
No person shall post or fasten on any telephone or electric light pole or similar pole within the City or upon any tree within any street line or on any public grounds in the City any bill, sign, notice or advertising device, and permission to erect any such pole shall not be construed to grant such person any right to use or rent the pole for advertising purposes contrary to the provisions of this section.
B. 
A person conducting a rummage sale at his residence may have one sign, not to exceed 12 inches by 15 inches in size, advertising the sale on the terrace abutting such residence during the hours and day of the sale.
A. 
Beautifying and protecting parkway. Permission is hereby granted to the owners of abutting property to improve and beautify that portion of the public streets in the City lying between the sidewalks and curbline, subject to the supervision and direction of the Director of Public Works. No person shall allow or permit any shrubs or other foliage over three feet in height in any parkway within 100 feet of any intersection. Any person allowing or permitting any shrubbery or foliage to exist in violation of this subsection shall be subject to penalty as hereafter provided, and the Director of Public Works is hereby empowered and directed to cause all such foliage and shrubbery to be removed and the actual cost of removal may be chargeable to the abutting property.
B. 
Destruction of plants in parkways. Except as provided in this section, no person shall trample, cut, take out or in any manner destroy or damage any plants, flower beds, shrubs or flowers located or growing in that part of any public street in the City lying between the sidewalk and the curbline or between the two roadways when any street shall be constructed with a parkway between such roadways on a divided highway.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Supervision. All maintenance and repair of public streets, alleys, sidewalks and other public ways shall be under the supervision of the Director of Public Works or designee. He shall be charged with the enforcement of all ordinance provisions relating to such public ways (except traffic ordinances) and is hereby authorized to enforce such ordinances.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
License required. No person shall build or construct any cement sidewalk upon or along any street in the City unless he shall first have obtained a sidewalk builder's license, as provided in this section.
C. 
Application. Any person constructing cement sidewalks upon or along the streets of the City for another shall first apply to the Director of Public Works for a license as a sidewalk builder. Upon the applicant furnishing satisfactory evidence that he is capable of building proper cement sidewalks according to the requirements of the City, the Director of Public Works shall issue the applicant a license as a sidewalk builder, which license shall terminate on December 31 next following the issuance thereof.
[Amended 5-26-2004 by Ord. No. 3211]
D. 
Revocation of license. Should any person holding license as a sidewalk builder violate any of the ordinances of the City relating to construction of sidewalks, the Council shall have the power and authority, upon giving the offender 48 hours' notice, to hold a hearing and to thereafter revoke such license. Such notice may be served in the same manner as service of process.
E. 
Stamp required. The licensee shall provide himself with a stamp and shall stamp his name and the year of construction at each end of each piece of sidewalk so constructed by him in the City.
F. 
Record of sidewalk construction. The licensee shall on or before December 31 of each year file with the Director of Public Works a statement showing the number of linear feet and square feet of sidewalk built by him during the past year on or along any public street in the City.
[Amended 5-26-2004 by Ord. No. 3211]
G. 
Barricades. All licensees shall during construction of sidewalks provide the usual lights and barriers to take necessary precautions so that public travel along the street will not be rendered hazardous or dangerous by reason of such construction.
H. 
Sidewalk laid by City. Whenever the City shall cause any work to be done upon any public sidewalks in the City, whether the work be repair, rebuilding or otherwise, the same shall be done in accordance with the ordinances of the City regarding the specifications, line and grade thereof. Nothing in this section requiring a permit or bond, however, shall apply to any work done by the Department of Public Works.
I. 
Construction. No person shall construct or lay any pavement on any public street, sidewalk, alley or other public way, or repair the same, without first having secured a permit. Application for permit shall be made to the Director of Public Works and shall state the location of the intended pavement or repair, the extent thereof, and the person or firm who is to do the actual construction work. No permit shall be issued unless the work conforms to the ordinances of the City.
J. 
Bond. Each applicant shall file a bond to be approved by the Director of Public Works conditioned to indemnify the City for any loss or damage resulting from the work undertaken or the manner of doing the same. The schedule or amount of the bond shall be determined by the City Engineer.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
K. 
Specifications. All street and sidewalk pavements shall be made in conformity with specifications on file with the City Engineering Division.[3]
(1) 
Permits required. No public sidewalk shall be repaired or installed by any person without first having a written permit from the City.
(a) 
Application forms. Application for sidewalk repair or installation permit shall be made on forms furnished by the City.
(b) 
Fees, installation. Fees for a sidewalk installation, payable in advance, are set annually according to the fee schedule.
(c) 
Permit expiration. A permit shall expire for work not started within 30 days or completed within 60 days after issuance of a permit, and a new permit shall be required before beginning or completing the work.
(2) 
Grade and alignment standards. Applicants shall follow the standard provisions set forth herein for sidewalk construction.
(a) 
Minimum width: 4 1/2 feet.
(b) 
Grade: to follow a line sloping up and away from the top of the curb at a slope of 1/2 inch per foot minimum.
(3) 
Variance from standards. The City Engineer may authorize variances from standard sidewalk provisions where no curb exists or when unusual topographical conditions, nature of existing construction, or similar factors would make adherence to standard provisions unreasonable.
(4) 
Grade and line required. No sidewalk shall be installed unless a grade and line are established. If no grades or lines are available, sidewalks may be installed, but they shall be removed, modified or replaced to conform to grades and lines when established by the City at the sole cost of the property owner abutting the sidewalk.
(5) 
Construction standards. Sidewalks shall be constructed in accordance with details and specifications as established by the City Council.
(6) 
Inspection of work. All work shall be subject to inspection by the City, during construction and upon completion. The Sidewalk Inspector shall be notified by permittee after forms are set and no concrete shall be poured or further construction started until approved by the Inspector.
(7) 
Responsibility of property owners. All owners or agents of owners with property abutting and fronting upon any plaza, street or alley within the corporate limits of the City are required to keep the public sidewalk immediately abutting their property in good order and repair. Each owner shall be liable to the City for all losses to the City or recoveries from the City for damages to person or property of others caused by his failure or that of his agents to repair and keep in good order and reasonably safe condition all sidewalks abutting and fronting his property upon any plaza, street or alley within the corporate limits of the City. The City may, at its discretion, through the Director of Public Works, notify such owner that repairs are necessary to put the sidewalk in good order and the owner shall within 60 days after notification under the supervision of the Director of Public Works, complete repairs as specified in the notice. If the person fails to make the required repairs, the City may repair same and the owner shall be liable to the City for the cost of the repairs. A permit shall be required to make repairs pursuant to this section.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 7-12-1995 by Ord. No. 2792]
A. 
The provisions of § 66.0907, Wis. Stats., relating to the construction and repair of sidewalks, so far as applicable to the City, are hereby adopted by reference.
B. 
Concrete sidewalks of at least 4 1/2 feet in width shall be constructed on both sides of the street in the right-of-way with the inside edge of the walk along the property line, in the areas described as follows with the exception of the specific exemptions stated in Subsections C and D of this section.
(1) 
In all residential and business districts.
(a) 
Lots in developed residential and commercial districts of the City that abut on a public street upon which sidewalks are not already constructed shall be required to have missing walks constructed by November 1, 1971. (For purposes of this section, "developed" shall be defined as 50% of the lots within a given block being built upon and ready for occupancy.) However, the City Council may require sidewalks for access to public buildings or in instances where the public need dictates, in areas of less than fifty-percent development. The City Council may order the installation of sidewalks within any developed area of the City upon the submittal of a petition initiated by two or more affected properties.
(b) 
Lots in newly annexed developed districts of the City that abut on a public street upon which sidewalks are not already constructed shall be required to have sidewalks constructed thereon within one year after annexation unless the City Council determines otherwise.
(c) 
Any residential or commercial buildings completed after September 1, 1970, on a lot abutting on a public street upon which sidewalks meeting City specifications are not already constructed, shall install sidewalks within 120 calendar days after completion of the foundation walls, unless a written extension of up to eight months to allow for poor weather conditions or other conditions beyond the owner's control is obtained from the Director of Public Works.
(d) 
In areas proposed for development in the City where lots abut on a public cul-de-sac street.
(2) 
Major and secondary thoroughfares. Along all major and secondary thoroughfares and collector streets, regardless of zoning classification, when the City Council deems such construction necessary to safeguard the safety and welfare of the public. Generally but not necessarily excepted would be highways abutting:
(a) 
Agricultural zones.
(b) 
Cemeteries.
(c) 
Fairgrounds.
(d) 
Vacant land extending outward to limits of City and not situated between built up areas that could be expected to generate pedestrian traffic.
(e) 
Areas where land is intermittently in the township and the City so as to make impossible the construction of a continuous sidewalk for at least 500 feet.
(f) 
Outlying industrial and commercial zones typically reached by motor vehicle.
C. 
The Director of Public Works is hereby empowered to exempt properties from such construction when, upon investigation, he determines that sidewalk construction is physically impracticable due to the following circumstances:
(1) 
Nature of terrain.
(2) 
Insufficient right-of-way.
(3) 
Insurmountable engineering problems.
(4) 
Safety hazards that would arise by encouraging pedestrian traffic in dangerous areas such as along railroad tracks.
D. 
The Director of Public Works is hereby empowered to exempt properties from the requirement that the sidewalk be constructed with the inside edge along the property line when, upon investigation, he determines that:
(1) 
Specimen healthy trees of 12 inches or greater diameter would be destroyed.
(2) 
Sidewalk alignment within a block would be different from existing walks within the block.
(3) 
Severe grade problems would result.
E. 
The Director of Public Works is hereby empowered to postpone construction of walks required under Subsection B(1)(a) and (b) and (2) until the time of street construction when a lot or lots abut an unimproved (lacking curb and gutter) street that is expected to be scheduled for improvement at some future date and when in his opinion a delay of construction to coincide with street construction would be necessary.
A. 
Line and grade. All sidewalks and sidewalk repairs in the City shall be laid to the line and grade provided by the Engineering Division of the Public Works Department.
B. 
Concrete. All sidewalks built in the City shall be constructed with air-entrained portland cement concrete having a minimum of six bags of cement per cubic yard of concrete. The use of modular concrete paving materials shall be permitted upon authorization by the Director of Public Works. Concrete shall be proportioned by weight, so that for every bag (94 pounds) of cement there shall be provided approximately 530 pounds of clean, sound aggregates, of which 35% to 45% shall be fine aggregate. The maximum amount of mixing water provided in the mix shall be six gallons of water per ninety-four-pound bag of cement. The above quantities of aggregate are for oven-dry materials having a bulk specific gravity of 2.65; for aggregates having a different specific gravity, the weights of such aggregates shall be adjusted in the ratio that the actual specific gravity of such materials bears to 2.65.
[Amended 9-25-2002 by Ord. No. 3122]
(1) 
The coarse aggregate used for such concrete may be either broken stone or natural gravel which shall be clean, hard, durable washed material containing no vegetable or other deleterious matter. Such coarse aggregate shall contain no more than 1% total chert by particle count. One hundred percent of the coarse aggregate shall pass a one-inch screen, with good grading of intermediate sizes.
(2) 
Fine aggregate used in the mix shall consist of clean, hard, durable particles of sand, free from all organisms or other deleterious matter. One hundred percent of the fine aggregate shall pass a 1/4 inch screen and 95% shall be retained on a one-hundred-mesh screen, with the material well graded between large and small particles.
(3) 
Air-entrained concrete shall be produced through the use of air entrained portland cement or by an admixture used with normal portland cement, or by a combination of the two. The volume of entrained air in the freshly mixed concrete shall be not less than 4% nor more than 7%.
(4) 
The sidewalk builder shall have delivery tickets for read mix (transit mixed) concrete available at all times for examination by the City's Sidewalk Inspector as to the mix proportions and type of concrete. Such Inspector shall also be permitted to make compression test cylinders or test for entrained air volumes at any time during the pouring of any concrete sidewalk within the City, to see that proper standards are being maintained.
C. 
Dimensions. All sidewalks shall be a minimum of four inches in thickness, except that where driveways cross such sidewalk, the thickness shall be a minimum of six inches for the full width of the driveway. All sidewalks constructed or reconstructed in the City shall be 4 1/2 feet in width except that where existing walks are of greater width than 4 1/2 feet, the City Engineer or his agent (Sidewalk Inspector) may order the new walk to be reconstructed to conform to the width of the existing walks. All sidewalks shall have a lateral pitch towards the street curb of no less than 1/4 inch per foot nor more than 3/4 inch per foot.
D. 
Preparation.
(1) 
Preparation of the area on which concrete sidewalk is to be built shall include grading to an elevation at least three inches below the bottom face of the concrete section to be placed.
(2) 
Such grading shall be carried to a width sufficient to permit proper forming of the sidewalk. Soft or boggy material under the proposed sidewalk section shall be removed and replaced with specified granular fill material. Where fill is required to attain the elevation, such fill shall be well compacted sand, gravel, or crushed stone material. There shall be placed on the graded section a minimum of three inches of granular base course under all sidewalk construction, such granular base to be of crushed gravel or crushed limestone, thoroughly compacted by means of pneumatic, mechanical or hand tamping equipment. Such compaction shall be uniform across the entire width of the base course and under the forms as well.
E. 
Forms. Forms for sidewalk construction shall be of wood or metal, straight and of sufficient strength to prevent springing, tipping or other displacement during depositing and consolidation of the concrete. They shall be securely staked and braced to retain the required line and grade during the walk construction. Forms shall be thoroughly cleaned and oiled before concrete is placed against them. No concrete shall be placed within the forms until they have been inspected by the Sidewalk Inspector or a representative of the Engineering Division.
F. 
Construction methods.
(1) 
Concrete of the quality and composition specified in Subsection B shall be placed only on a moistened base course, such wetting to be done immediately before placing concrete. The concrete shall be deposited to the proper depth and consolidated and spaded sufficiently to produce a dense mass, free of voids and providing a smooth face against the forms.
(2) 
After the sidewalk concrete is struck off to grade, the surface shall be troweled and brushed to provide a finish that will not be slippery in wet weather. Sprinkling or wetting of the concrete to delay setting up time shall not be permitted and the addition of water to the surface after concrete has been placed may be cause for condemnation of the new work by the Sidewalk Inspector.
(3) 
All construction or blind joints in the sidewalk construction shall be cut to a minimum depth of 1/4 the thickness of the concrete slab, or one inch either by sawing or by the use of a suitable tool or edger while the concrete is still plastic. Before a license is issued to any sidewalk builder, he will be required to show evidence of possessing the proper tools to accomplish this joint requirement. The spacing of contraction joints shall be such that no block of sidewalk is larger than 36 square feet in area.
(4) 
One-half inch thick preformed expansion joint filler shall be placed in all sidewalk construction at property lines, at transverse joints no more than 40 feet apart, between sidewalk approaches and back of curb, on the approach sides of each corner block at street intersections and at sharp changes in thickness of slab such as at the ends of driveway sections where the walk thickness changes from four inches to six inches.
(5) 
The edges of all sidewalks shall be rounded with an edger of one-quarter-inch radius along the forms and at all joints, contraction or expansion.
(6) 
All concrete sidewalk repairs or new construction shall be properly cured, after finishing, by the application of an impervious spray coat or by covering with wet fabric or waterproof paper. The curing operation shall be continued for at least 72 hours after the placing of concrete, and such curing operation shall be sufficiently effective to prevent the loss of more than 15% of the water in the concrete mix. Care shall be taken to see that the work is uniformly covered by the curing method employed, including any sawed joints in the work.
(7) 
Any cold weather work (below 40° F.) shall be protected in the manner prescribed by the City Engineer or his agent, such protection requirements to be based on the particular conditions prevailing at the time the work is to be done. Concrete work shall cease when the descending air temperature falls below 40° F. It shall not be resumed until the ascending air temperature rises above 35° F.
No person shall write, paint or otherwise place any writing, transfer, painting, printing or other sign, advertisement, mark or picture so that the same is actually upon and affixed to the surface of any public street, sidewalk, gutter, curb or bridge in the City, unless such act is for traffic or other public purposes authorized by the Council.
No person shall will fully deface or otherwise damage or loosen the surface of any street, sidewalk, alley, curbing or gutter.
A. 
New subdivisions. In all areas platted after March 10, 1971, streetlighting shall be provided in accordance with Chapter 705, Subdivision of Land, of this Code. Such chapter requires the subdivider to assume the cost of normal residential streetlighting and, in cases where greater than normal residential streetlighting is required, the City to assume costs over and above the normal residential lighting.
B. 
Any area other than a new subdivision.[1]
(1) 
Upon petition from property owners or owner on any given block, the City Council may commence proceedings to accomplish the installation of required streetlighting, and property abutting a street where lighting is installed shall be assessed the full cost of normal residential streetlighting on the basis of front footage in accordance with the current streetlighting assessment procedures. In cases where greater than normal residential streetlighting is required, the City may assume the costs over and above the cost of normal residential lighting.
(2) 
When deemed necessary for the public safety by the City Council, the Director of Public Works may order installation of streetlighting of a type consistent with the nature of the street and its lighting needs, as specified by the Plan Commission. Property abutting a street where lighting is installed may be assessed the full cost of normal residential streetlighting on the basis of front footage in accordance with current streetlighting assessment procedures. In cases where greater than normal residential streetlighting is required, the City may assume the costs over and above the cost of normal residential lighting.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
No person shall remove, knock down, deface or alter the location of any authorized barricade for a street, sidewalk or excavation in the alleys, streets, parks or other public places in the City, whether the property of the City or otherwise. No person shall remove or damage any lantern, flare, light or warning sign located at or near any barricade or excavation unless the person performing such act is authorized to do so.
A. 
Permit for erection.
(1) 
No person shall erect any telegraph, telephone, electric, railway or other utility poles or posts upon any public street or alley in the City unless a permit is first obtained from the Director of Public Works or designee.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Application shall be made in the manner generally provided for permits under § 433-2 of this Code, and such application shall, among other things, state the route of the proposed line or lines or any extension thereof showing as nearly as practicable the location of each pole or post and the number and location of the wires, also the approximate height of the poles, and if transformers or other apparatus is to be affixed to the poles, the approximate location and weight thereof shall be stated.
(3) 
Such permit shall be subject to revocation for reasonable cause at any time upon giving to the holder of the permit six months' notice. However, less time of revocation may be given when public necessity or safety requires any pole or post be removed, in which case, the time for such removal shall be stated in such notice.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
Where poles are replaced by like poles in the exact location where formerly located, no permit is required unless the height thereof is less than the height of the replaced pole.
B. 
Location of poles. Unless otherwise particularly provided in the permit, utility poles erected in any street shall be placed on the outer edge of the sidewalk just inside of the curb and on the line dividing the plot or parcels of land in such manner so that the same will not unreasonably inconvenience the public or the adjoining proprietor or residence or disturb the drainage of the street, or interfere or damage the trees or other public or private property on the line of the street, and when erected in an alley, the pole shall be set as near the side line as practicable, and in general compliance with the rules relating to the erection of poles in streets and in any event, whether the poles are erected in a street or alley, they shall be so located that they do not interfere with, obstruct or inconvenience the free use of the street or alley by the public. All such poles, guy wires, and posts for guy wires shall be of sufficient height to carry any wires placed thereon above and clear of all obstructions growing out of the character or use of the building or other objects adjoining such line. They shall not be attached to the eaves, roof or tops of houses or trees, without the consent of the owner thereof given in writing, and no poles, masts, towers, brackets, or supports shall be less in height from the surface of the ground immediately below than 30 feet, except as to guy posts, the height of which shall be as approved by the Director of Public Works in the permit allowing the same.
C. 
Resetting. Whenever any street or alley upon which any utility poles have been set, graded or paved, all the poles shall be reset immediately so as to conform to the street as reconstructed and failure of the owner of the poles to reset the same as provided in this subsection shall be cause for immediate revocation of the permit under which the poles are maintained, in which event such cancellation may be made by 10 days' notice as provided in Subsection A.
D. 
Name of company on poles. All utility poles for the support of wires shall be marked with the name or initials of the company owning them at a point approximately five feet from the ground surface. Where a pole is used by more than one company, each crossarm or portion thereof on the pole shall be clearly marked and labeled so as to indicate the owner or use thereof.
E. 
Poles prohibited. No utility poles shall be erected by any person upon or along Main Street from Rees Street to Sixth Street or along Forest Avenue from Main Street to Brooke Street.
F. 
Climbing or damaging poles. No person, except when specifically authorized by the owner, shall climb any utility pole or intentionally, willfully, or maliciously injure or damage the same, or any wire or other apparatus connected thereto. No person, whether the owner or otherwise, shall post any bill or poster upon any pole within the City except to initial the same or to otherwise post information relating to the voltage or danger or to give similar information relating to the ownership or use of the pole or apparatus thereon. This provision does not apply to the posting of legal or election notices by the proper officials upon such poles.
No person shall lay any underground wire, pipe, or other apparatus for the conveyance of electricity or telephone, or telegraph message under or along any public street or alley in the City without receiving a permit from the Council, subject to the exceptions contained in § 66.0425(6), Wis. Stats., or as subsequently amended. Application and the granting of a permit shall be in the manner and subject to the restrictions, so far as applicable to the granting of a permit for the erection of utility poles, as provided by § 568-35. The excavation of any streets, sidewalks, or alleys for the purpose of laying any conduits or repairing the same shall be subject to the provisions of this chapter relating to excavation in the public streets, sidewalks and alleys in the City.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
No person shall operate any vehicle on any public street or alley of the City where such vehicle is equipped with solid rubber tires, unless the same shall have rubber on its entire traction surface at least one inch in thickness above the edge of the flange of the entire periphery. No person shall operate any vehicle upon any street or alley where such vehicle has a solid rubber tire having flat spots of three inches or more in dimension when measured on the circumference of the tire. Except when engaged in actual highway construction or maintenance on unfinished streets, public streets or alleys, no person shall propel or draw upon any public street or alley any motor vehicle or tractor engine equipped with any flange, cleat, lug, spud, rim or any other projection extending more than two feet beyond the outside surface of any wheel or tractive rim. No flange, cleat, lug, spud, rim or other projection on any wheel or tractive rim shall come to a sharp edge or point and no angle iron or V-shaped cleat or rim shall be used, unless so mounted that the ends of both lugs or angle irons or V-shaped cleats are on the wheel or tractive rim. The cleats and lugs shall be so arranged on all driving wheels that not more than two cleats or lugs are in contact with the road surface at all times and the weight on any wheel or tractive rim shall not exceed 800 pounds per inch of tire width.
B. 
No person shall operate any vehicle of the tractor type upon any public street or alley of the City, unless the driving wheels are protected by suitable fenders.
C. 
No person shall propel, draw or move on or across any public street or alley of the City which is paved with asphalt or tar any traction engine or tractor or any other vehicle having lugs or other than pneumatic tires and weighing over 1,000 pounds, unless there shall be laid and placed upon the surface of such public street or alley planks not less than two inches thick and kept under the wheels of the vehicle while the same is being moved thereon.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 7-26-1995 by Ord. No. 2799]
Public improvements such as sanitary sewer mains and laterals, storm sewer mains and laterals, water mains and laterals, grade and gravel, curb and gutter, permanent type pavement, and ornamental streetlighting may either be initiated by the City Council or by a petition filed with the City Clerk signed by one of the following:
A. 
City Manager.
B. 
Director of Public Works or City Engineer.
C. 
The owner/owners of more than 1/2 of the frontage of the lots and lands abutting the proposed public improvement.
Except as otherwise provided, any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.