[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.]
[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]
[Amended 9-11-2019 by Ord. No. 3697]
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.
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]
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.
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.
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.
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.
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.
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.
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.
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]
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]
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.
(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.
[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:
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:
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.
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]
(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]
(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.
[Amended 4-24-2014 by Ord. No. 3544; 11-22-2022 by Ord. No. 3763]
A.
Permit required. Any person intending to place a private transmission
facility in the public right-of-way shall obtain a private transmission
facilities permit under this chapter. A "private transmission facility"
is defined as any facility capable of transmitting digital or analog
voice and/or video, liquids, solids, or gases. Application for the
license shall be to the City Engineering Division on forms required
by the City Engineering Division.
B.
Application. At least 30 days before the desired effective date,
application shall be made. The application shall be accompanied by
a plan showing the type and location of the proposed facility. The
plan shall also include the type, size and location of all existing
utilities within 20 feet of the proposed facility and all other information
as may be required.
C.
Condition of approval. The permit shall be subject to the following
conditions:
(1)
A permit shall only be issued to the owner of the private transmission
facility.
(2)
All underground facilities shall be installed in conduit. Boring
technology and procedures are preferred for the installation of facilities.
In areas with prohibitively high construction costs and/or where the
deployment of conduit is not feasible, applicant's network facilities
may be installed via micro-trenching technology and procedures, or
open-trenching technology and procedures. This decision shall be subject
to approval by the Director of Public Works or his designee, which
shall be granted on a case-by-case basis.
(3)
The applicant shall relocate the private transmission facility at
the applicant's expense prior to any City construction project
or maintenance project after receiving written notice by the City
that the relocation is required.
(4)
The applicant shall execute and deliver to the City a hold harmless
agreement, on a form approved by the City, relieving the City from
any and all liability arising out of installation, placement or use
of the private transmission facility.
(5)
The applicant shall provide and maintain a current certificate of
insurance naming the City of Fond du Lac as an additional insured
in an amount established by the City's Risk Manager. The certificate
of insurance shall be maintained in effect from start of installation
until the transmission facility is abandoned and/or removed in accordance
with this chapter.
(6)
The applicant shall become a member of Digger's Hotline.
(7)
The applicant shall comply with all applicable local, state, and
federal regulations affecting private transmission facilities.
(8)
The Department of Public Works will provide one copy of the approved
permit to the applicant prior to commencing the installation of the
approved facility. The approved permit may be recorded with the Fond
du Lac County Register of Deeds by the Department of Public Works.
If any of the required insurance coverages and/or endorsements expire
during the term of this permit, the permit holder shall deliver renewal
certificates and/or policies to the City of Fond du Lac Risk Manager
or the City Clerk at least 10 days prior to the expiration date.
(9)
The installation of all nonconductive conduit and/or pipe shall also
include a locating wire or other equally effective means for marking
the location of the facility.
(10)
The Department of Public Works may require the permit holder
to provide as-built plans of the facility.
(11)
Permits shall include the obligation of applicant to timely
repair the right-of-way following the street opening to City standards
subject to the review and acceptance by the Director of Public Works
or his designee. Applicant shall not core newly constructed pavement
within 10 years of construction without prior approval of the City.
All cored pavement, sidewalk, driveways, and trails are subject to
replacement according to City specifications. Applicant shall restore
any damage to rights-of-way caused by excavation; utility pole installation
(where permitted); or otherwise caused by applicant, network operations,
or the installation, repair, or maintenance of network facilities
pursuant to the necessary City permit and subject to review and acceptancy
by the City through the Director of Public Works or his designee.
Applicant shall use commercially reasonable efforts to restore boulevards
(also referred to as terraces or parkways) within the rights-of-way
and any private property so damaged within 10 days of boring and setting
of hand holes and/or pedestals, subject to factors beyond its reasonable
control and with consideration given to the amount of restoration
needed. When reasonably possible, hard surface restoration shall be
completed within 10 days. Extensions may be granted on a case-by-case
basis. Applicant shall use reasonable efforts to provide owners notice
of upcoming construction activity in abutting rights-of-way or utility
easements. Following such notice, applicant will not be required to
repair, replace, or restore any personal property of a property owner
that was improperly located in a right-of-way or utility easement.
D.
Approval of application. Plans submitted with the application shall
be reviewed by the Department of Public Works, which shall make recommendations
to assist the applicant in meeting the conditions set forth in this
section. The Director of Public Works shall have the authority to
approve or deny the private transmission facilities permit application.
E.
Revocation of permit.
(1)
The permit may be revoked by the Director of Public Works by issuing
a written notice to the permit holder stating the reason for revocation.
Upon receiving the revocation notice, the permit holder shall remove
or abandon in place to the satisfaction of the Director of Public
Works the facility, at the holder's expense, within 30 days.
(2)
The permit shall be revoked at the time the ownership of the private
transmission facilities changes, and the permit holder shall remove
or abandon in place to the satisfaction of the Director of Public
Works the facility, at the permit holder's expense, within 30
days, unless all conditions of approval of the original permit have
been met by the new owner of the private transmission facilities.
(3)
In the event the certificate of insurance is not renewed or maintained
at any time, the permit shall be revoked and the transmission line
shall be deemed abandoned.
F.
Appeal of decision. The permit holder may appeal the denial or revocation
of permit by giving written notice to the Department of Public works
within seven days of receiving the revocation notice. The Board of
Appeals will hear the appeal. The decision of the Board is final.
H.
Permit fees. The Director of Public Works may assess the costs of
the City employees' time engaged in review and inspection of
the anticipated work. A minimum permit fee of $150 will be assessed
and an additional $0.15 per linear foot for project lengths over 1,000
feet. If applicant desires to expedite the application and review
process, applicant may retain Wisconsin-licensed civil engineers or
inspectors, at applicant's sole election and expense, to complete
required applications, review work, and certify its accuracy or completion
to state law and City Code standards. The City shall retain all final
reviews and approvals.
I.
City use of applicant conduit. Applicant shall allow City co-location,
to the extent space is reasonable available and on such reasonable
terms the applicant and the City mutually agree, within network conduit
for the City to pull fiber and place related fiber infrastructure
at the City's sole cost and expense.
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]
[Amended 7-26-1995 by Ord. No. 2799; 2-22-2023 by Ord. No. 3765]
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 street
lighting may be initiated by the City Council or by a petition filed
with the City Clerk signed by one of the following:
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.
