[Adopted 3-18-2008 by Ord. No. 1020B (Secs. 7-1-4 and 7-1-5 of the 2009
Code of Ordinances)]
A.
Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way, unless a privilege in the street has been granted under § 573-20 or unless such obstruction or encroachment is permitted under the specific conditions provided in Subsection B or C below.
B.
The prohibitions of Subsection A above shall not apply to the following:
[Amended 9-7-2010 by Ord.
No. 1068; at time of adoption of Code (see Ch. 1,
General Provisions, Art. I)]
(1)
Projecting signs located over public property shall be prohibited unless a privilege in the street is obtained under § 573-20.
(2)
Sandwich board signs, otherwise known as sidewalk signs, in the B-1 Zoning District, provided such signs meet the standards as set forth under § 660-121.
(3)
Merchandise displays on public sidewalks in the B-1 Zoning District, provided such items meet the standards as set forth under § 660-84.
(4)
Goods, wares, merchandise or fixtures being loaded or unloaded and
which do not extend more than three feet onto a public sidewalk, provided
such items do not so remain for a period of more than two hours.
(5)
Awnings installed to extend over the public sidewalk in the B-1 Zoning District, provided they maintain a minimum height of seven feet above the sidewalk surface, and provided they have been previously authorized and are in existence prior to the enactment of this article. Any new awnings that were not authorized prior to the date of enactment of this article shall be subject to § 573-20, Privileges in streets.
(6)
Signs on awnings in the B-1 Zoning District that are consistent with the requirements of § 660-98G(2)(j)[3].
(7)
Planters on the public sidewalk in any B-1 Zoning District, provided the planters are subject to a permit granted by the Council on April 4, 2000, addressing the size, design and placement of such planters by the Lake Mills Chamber of Commerce, as well as the care of the plants placed within such planters. Any planters not covered by the Chamber permit that will be or have been placed on the right-of-way shall be subject to § 573-20, Privileges in streets.
(9)
Fire escapes and jump platforms, which do not extend below any point 10 feet above the sidewalk or alley, and which have been permitted by the Council on a case-by-case basis prior to the enactment of this article. Any fire escapes or jump platforms that replace such existing, approved structures and any newly placed fire escapes or jump platforms that will extend over the public right-of-way after the enactment of this article shall be subject to § 573-20, Privileges in streets.
(10)
Temporary encroachments or obstructions authorized by permit from the Public Works Director for no more than 90 days, and in accordance with § 573-36.
(12)
Public utility encroachments duly authorized by the Wisconsin
Statutes or this Code.
(13)
American flags may be placed on tree lawns (terraces) by adjacent
property owners, provided the total height of any such flag and staff
does not exceed 30 inches.
C.
The prohibitions of Subsection A above shall not apply to mailboxes in the right-of-way, provided any such mailbox complies with the following:
(1)
The post or other support for the mailbox must be set back at least
one foot from the face of the curb.
(2)
The mailbox must be set back at least six inches from the face of
the curb.
(3)
The bottom of the mailbox shall be not less than 42 inches above
the traveled portion of the street closest to the mailbox.
(4)
The mailbox and its post or support shall not encroach upon or obstruct
any sidewalk or in any way interfere with the use of the sidewalk
by pedestrians.
(5)
The post or support for the mailbox shall not exceed dimensions of
4.5 inches in diameter or four inches by four inches across.
D.
Mailboxes that do not comply with the requirements of Subsection C above are deemed obstructions and may be subject to orders for removal. If removal is so ordered, the owner of the property abutting such obstruction shall remove said obstruction within 30 days of receipt of such order, and if said obstruction is not removed prior to the expiration of such thirty-day period, the property owner may be subject to citations under § 1-19 of this Code for each day the obstruction continues, unless the property owner makes application for and receives a privilege in the street under § 573-20.
E.
Any person depositing snow or ice onto any public sidewalk or street
or other public property, or causing the same to be so deposited,
unless specifically authorized by the Director of Public Works, may
be subject to a forfeiture of no less than $25 and no more than $100,
plus costs of prosecution, for each violation of this section.
F.
Any person placing, or causing to be placed, any hoses used to convey
stormwater or groundwater onto or across public right-of-way may be
subject to a forfeiture of no less than $100, plus costs. Each day
on which a violation of this section occurs and continues shall constitute
a separate offense.
A.
Section 66.0425 of the Wisconsin Statutes, entitled "Privileges in
Streets," and § 86.04 of the Wisconsin Statutes, entitled
"Highway Encroachments," along with any amendments thereto, are adopted
by reference as fully as if set out verbatim herein. Privileges for
an obstruction or encroachment in the public right-of-way or on other
public property, or for an enlargement or alteration to an obstruction
or encroachment within the public right-of-way or on other public
property shall be granted only as provided in this section.
C.
Property owners presently having or using encroachments or obstructions of the public right-of-way or public property that are not exempted under § 573-19B or C, or who are contemplating the installation of such encroachments or obstructions, shall forthwith apply to the City Council for authority to continue or to install the same, as the case may be, on the terms and conditions hereinafter stated.
D.
Applications for privileges in streets shall be filed with the Director
of Public Works and shall be accompanied by a nonrefundable application
and initial processing fee of $150. There shall be no proration of
the application and initial processing fee.
(1)
If the encroachment is aboveground or underground, the application
shall include a drawing to scale of not less than one inch equals
10 feet on paper 8 1/2 inches by 14 inches in size. This drawing
shall show the location and dimensions of the aboveground or underground
encroachment, e.g., projecting sign, overhanging clock, awning, fire
escape, jump platform, or structure under the surface of the right-of-way
or public property, in relation to the applicant's property and in
relation to the right-of-way or other public property where such encroachment
does or will exist.
(2)
If the encroachment is located on the surface of the right-of-way
or other public property, the application shall include a plat of
survey at a scale of not less than one inch equals 10 feet on paper
8 1/2 inches by 14 inches in size. This survey must show the
area subject to the privilege in streets in relation to the owner's
property and in relation to the right-of-way or other public property
where the encroachment does or will exist. The survey shall include
a legal description and square footage of the public area to be occupied
by the privilege in streets.
(3)
If the Director of Public Works, or his or her designee, recommends approval of an application for a privilege in streets, the Director shall inform the applicant in writing of the recommendations and any special conditions of approval which are listed in Subsection D(7). In the event that the Director does not recommend approval of the privilege to the Council, or recommends approval with special conditions listed in Subsection D(7) to which the applicant is in disagreement, the applicant may appeal that decision to the Council within 30 days of receipt of the Director's written reasons for not recommending the grant of the privilege or placing special conditions on the proposed privilege. The Council may affirm, reverse or modify the initial determination of the Director, and the process for approval shall continue under Subsection D(4) below.
(4)
Following concurrence with the applicant with the recommended conditions
of approval, or following a reversal or modification of the determination
of the Director by the Council on appeal, the City Attorney, in cooperation
with the Director, shall prepare an agreement setting forth the requirements
and conditions under which the privilege in streets would be permitted
if the City Council approves the application and the agreement.
(5)
The Council may, in its discretion, grant or deny such application.
If denied, the Council may, in the case of an existing use, order
the same to be removed within 30 days pursuant to the terms, conditions
and penalties provided in § 86.04, Wis. Stats. In the event
of failure or refusal on the part of the property owner so ordered,
the Council may, under § 86.04(2), seek a court order for
the removal by the time stated in the order, and if not so removed,
then the City may cause the removal thereof and assess the costs of
such removal to the property as a special charge.
(6)
If said application is granted by the Council, it shall be granted
only upon the following conditions:
(b)
The applicant shall file a bond in an amount determined by the Council not to exceed $10,000 that runs to the City and such third parties as may be injured or have incurred damages. Such bond shall be to secure the performance of the conditions in Subsection D(6)(a), and said bond shall be approved by the City Attorney.
(c)
Following approval of the privilege by the Council, the resolution
granting the privilege, and the agreement setting forth the requirements
and conditions under the privilege, shall be recorded in the Office
of the Jefferson County Register of Deeds.
(d)
The Clerk shall verify annually that the bond continues to remain
in force, and if said bond should lapse, then the applicant is to
be notified immediately to file a bond within 10 days or the matter
will be brought to the Council for termination of the privilege.
[Amended 12-18-2012 by Ord. No. 1103]
(7)
Special privileges - optional conditions. If a privilege is granted
by the Council, it may, if the circumstances warrant, require any
or all of the following as additional conditions of the grant of the
privilege:
(a)
The applicant may be required to furnish proof that sufficient
and proper public liability insurance is carried which will afford
adequate protection to the City in connection with said privilege;
(b)
The applicant may be required to make such alteration, reconstruction
and safeguarding of any special privilege as the Council deems necessary;
(c)
The property owners and/or contractors working for the property
owners that receive the grant of a privilege may be required to execute
waivers or agreements in favor of the City exonerating it from any
liability for damages connected with the use of such privilege, or
caused by construction, operation or maintenance of such privilege.
(8)
The following additional responsibilities shall be applicable to
any grant of a privilege in the streets:
(a)
The holder of such privilege shall be entitled to no damages
for removal of the obstruction or encroachment, if so ordered by the
City, and if he or she does not remove the same upon due notice, it
shall be removed at his or her expense.
(b)
Third parties whose rights are interfered with by the granting
of the privilege shall have a right of action only against the holder
of the privilege.
(9)
Removal of encroachment or obstruction. The recipient of the privilege
shall remove said encroachment or obstruction and restore the public
right-of-way or other public property upon 10 days' written notice
by the City of Lake Mills. Additionally, the applicant or the applicant's
heirs or assigns may terminate the privilege by removing the encroachment
or obstruction and by restoring the surface of the area affected by
the same to a condition comparable to that of the remainder of the
right-of-way or other public property adjacent to the area affected
by the privilege, and by recording a suitable document terminating
the privilege, and filing the same with the City Clerk.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
