[1969 Code; 5-15-1990; 11-6-1991; 2016 Code]
All streets and alleys shall be opened, graded, changed, graveled,
macadamized, paved, worked or improved, and all sidewalks shall be
built and constructed, or rebuilt and all sewers and drains in public
streets, alleys and public grounds, all bridges and all other public
works, in any streets, sidewalks or other public grounds, shall be
built, constructed, erected, or completed according to the plans and
specifications therefor adopted, which plans and specifications shall
be kept on file in the office of the city clerk or city engineer.
Such work shall be done in the manner and of the materials in such
specifications prescribed and not otherwise. No bids or proposals
for the doing or performing of any of the work mentioned shall be
called for, nor any contract therefor let or awarded, nor work thereon
commenced until such plans and specifications have been adopted by
the council and filed in the office of the city clerk, for inspection
by any person concerned.
[1969 Code; 2016 Code]
It shall be unlawful for any person, except upon a permit:
(A)
To excavate for and build, or cause to be excavated for and built,
a cellar, vault or other room under a sidewalk or street in front
of his or her store or place of business.
(B)
To excavate or cause to be excavated a cellar, cistern, well, hole
or other depression, on or so near the line of a street, sidewalk,
alley or other public ground within the city, as to endanger the public
use thereof, or of life or limb of persons passing thereover.
(C)
To excavate for or build, or cause to be excavated for or built,
a passageway, trench, drain or sewer, within, along or near such street,
sidewalk, alley, park or other public grounds.
(D)
To erect, construct, place or maintain, or cause to be erected, constructed,
placed or maintained any telephone or electric light pole or poles,
or any scaffold, platform, bay window, awning or other extension of
a building, or any billboard, sign, illuminated signboard or other
advertising device, any rope, wire or chain within or over any street,
alley, sidewalk, park or other public ground within the city.
(E)
To build any stairway or entrance from a sidewalk or street into
a basement or cellar adjoining or within any street, park or other
public ground within the city.
(F)
To build or cause to be built, or allow to exist, any area, hole
or opening within any sidewalk space.
(G)
To remove or cause to be removed any building upon, within, along,
over or across any street, sidewalk, alley, park or other public ground
within the city.
(H)
To build or repair any building next to and adjoining any street,
sidewalk, or alley where material may be placed or work performed
within such street or sidewalk.
(I)
To use any street, sidewalk, park or other public ground for the
deposit of building materials, or the doing of any work or labor within
the same, in the moving, taking down, raising, erection and construction
of any building.
(J)
To break, dig up, remove or in any way displace, or cause to be broken,
dug up, removed or in any way displaced, any pavement, macadam, gravel
or earth within any street, sidewalk, alley, park or other public
grounds, which might otherwise be lawfully done.
(K)
To remove any trees along any street or sidewalk.
(L)
To alter or change, or cause to be altered or changed, the grade
of any street, sidewalk, alley, park or other public grounds within
the city.
(M)
To interfere with, break down or remove, or cause to be interfered
with, broken down or removed, any guard protection, barrier or barricade
placed in any street, sidewalk, alley or other public ground as a
protection of the city against damages to the traveling public against
injury, or any work or improvement against damages.
(N)
To keep or leave open any cellar door or grating of any vault in
any street or sidewalk, or to allow the same to be left open, nor
shall any excavation adjacent to any street or sidewalk be left open.
(O)
To place in or over any gutter any material or object of any nature
which may obstruct the flow of water therein.
(P)
To propel any cart or vehicle, pushed or pulled by hand, on any sidewalk
in the city, except carriages, carts and sleighs for small children
and single passenger handicapped vehicles occupied by a handicapped
person.
[1969 Code; 2016 Code]
Every person applying for a written permit for any of the purposes of work required in section 11-1-2 of this chapter shall present to the board of public works his or her application in writing, with such plans and specifications as may be required by the board of public works, signed by himself or herself, or his or her authorized agent, and state his or her name and place of residence, the purpose of the work for which such permit is desired, the time to begin and complete the work and the location thereof, and shall also contain an agreement on his or her part that if a permit is granted, he or she will conform to and comply with all codes, rules and regulations of the city pertaining to the work or purpose for which a permit is asked, and that he or she will pay all damages caused by him, his or her agents, employees or servants in the doing or execution of the work for which the permit may be granted, and that he or she will keep and save the city free and harmless of any damages or claims against it by reason of failure, fault or neglect by himself, his or her agents, servants or employees in the execution of the work for which such permit is granted. He or she shall also satisfy the board, if it be required so to do, that he or she is financially able to pay any damages or claims to which he or she may become liable under such an agreement, or that he or she will file with the city clerk a sufficient bond for such purpose approved by the mayor in writing before the permit is issued.
[1969 Code; 2016 Code]
No permit under this chapter shall be issued, except on the vote and the direction of the board of public works upon the application required by Section 11-1-3 of this chapter and on the terms and conditions by such vote fixed, and when so voted and directed, it shall be issued by the city clerk in duplicate over his or her signature, stating the date of issue, the name and address of the person to whom issued and the work or purpose for which issued, the time within which the work is to be completed and the date on which the permit will expire, and such further terms and conditions as the board of public works may have fixed. Such permit shall be subject to all the codes, rules and regulations of the city relative to the subject of such permit, and one such duplicate original shall be delivered to the applicant or his or her agent, and one such duplicate original shall be attached to the application and kept on file by the city clerk; provided, however, that all permits shall be subject to the review of the council.
[1969 Code; 2016 Code]
Every person to whom a permit shall be granted to build, repair
or remove any building, or to use any street or sidewalk for the deposit
of building materials, shall enclosed or cause to be enclosed on all
sides, within or exposed to a public street, alley, sidewalk, park
or other public place, any obstruction, excavation, cellar, vault,
coal bin or other room, well, cistern, hole or other depression, passageway,
trench, drain, sewer, open area, opening, building, building material,
broken up sidewalk, pavement, macadam, gravel, earth or other obstruction,
within or adjoining any street, sidewalk, alley, park or other public
ground within the city, by guards, fences or barriers, at least three
feet high and at night a red light or lights shall be placed and kept,
so as to cast a light on such obstruction, and if of any excavation,
trench, drain, sewer, cellar, vault, cistern, well, open area or other
opening, a red light shall be placed and kept at each end and as often
as every 50 feet along the entire side or length thereof. And such
person shall replace, rebuild, relay or make, or cause to be replaced,
rebuilt, relaid, or made, in all respects as good and safe, substantial
and permanent as the same was before any street, sidewalk, crosswalk,
alley, park or other public ground which may have been disturbed or
displaced by such excavation, trench or obstruction.
[1969 Code; 2016 Code]
No bridge or platform over any gutter in any street or alley
within the city shall be more than 12 feet in width, or if plank,
less than two inches thick resting on and securely nailed to four
stringers at least four inches square and such bridge or platform
shall not extend into any street more than 18 inches beyond the space
occupied by a sidewalk, nor obstruct the flow of water in the gutter,
and any such bridge or platform, or any culvert or box, or any obstruction
to the flow of water in the gutter may be removed summarily by any
agent of the city; provided, that no bridge, platform or gutter shall
be placed on any street or alley that is improved by pavement, macadam
or gravel, with stone or concrete curbings, without a permit from
the city.
[1-15-2002; 2016 Code; 6-5-2018]
(A)
Obstructions and encroachments prohibited. No person shall encroach
upon or in any way obstruct or encumber any street, alley, sidewalk,
public grounds or land dedicated to public use, or any part thereof,
or permit such encroachment or encumbrance to be placed or remain
on any public way adjoining the premises of which he or she is the
owner or occupant, except as provided in Subsection (B) of this section.
(B)
Exceptions. The prohibition of the preceding Subsection (A) shall
not apply to the following:
(1)
City employees acting in their scope of employment.
(2)
Public utility encroachments duly authorized by state law or
this Code.
(3)
Awnings, signs, other projections over sidewalks that are installed
and maintained in accordance with this Code and authorized by permit.
(4)
Temporary encroachments or obstructions authorized by permit
or as otherwise authorized by this Code.
(5)
Commencing no sooner than 12:00 midnight prior to an approved
parade, chairs, ropes, blankets or other items may be placed on public
boulevards, public sidewalks or public rights-of-way on designated
parade routes as long as such items do not interfere with such parade
or are deemed to be a public safety hazard by the police chief or
other designed law enforcement officer. Such items shall be removed
immediately following such parade.
[1969 Code; 12-17-1991; 2016 Code]
(A)
Poles erected; subject to regulations and alterations.
(1)
The city shall have the right at any time to designate the location
of all telephone, telegraph and electric light poles erected on or
in the public streets and alleys. The city may periodically direct
any alteration in the location and height of such poles, and the height
of all wires that are run on such poles.
(2)
Before any alteration is made under this section, at least five
days' notice in writing shall be given the owner of the poles, and
reasonable opportunity shall be given the owner and all citizens to
be heard on the proposed alteration.
(3)
When any such alterations are ordered, the owner of such poles
shall, at its sole expense, commence alteration within five days,
and shall complete the alteration as soon as practicable.
(4)
If the owner of such poles does not complete the alteration
within a reasonable time after notification of the required alteration,
the city may perform the required work.
(5)
If the city performs the alteration under subsection (A)(4)
of this section, the owner of the poles shall be liable for the cost
of such alteration, and shall also be subject to a class 3 forfeiture.
(B)
Laying of sewers, water mains and gas mains.
(1)
Sewer mains. When laying of sewer mains in the public streets
of the city, lateral mains shall be constructed and laid from the
sewer main to the curb line of all adjoining improved parcels and
improved lots abutting on that part of the street where the sewer
main is laid and the cost of the construction of lateral mains shall
be charged to the owner or owners of abutting parcels and lots; provided,
that if the street where a sewer main is laid is to be permanently
improved, lateral mains shall be laid to all parcels and lots adjoining
such street.
(2)
Water mains. When laying water mains in the public streets of
the city, lateral mains shall be constructed and laid from the water
main to the curb line of all adjoining improved parcels and improved
lots abutting on that part of the street where the water main is laid
and the cost of the construction of lateral mains shall be charged
to the owner or owners of abutting parcels and lots; provided, that
if the street where a water main is laid is to be permanently improved,
lateral mains shall be laid to all parcels and lots adjoining such
street.
(3)
Gas mains. When laying gas pipe or mains in the public streets
of the city, lateral mains shall be constructed and laid from the
gas mains or lines to all improved lots and improved parcels of land
abutting on that part of the street where the gas lines or mains are
laid and the cost of the construction of lateral mains shall be borne
by the gas company so constructing the mains; provided, that if the
street where the gas mains is laid is to be permanently improved,
laterals shall be laid to all parcels of land and lots adjoining such
street.
(C)
Installation and maintenance of underground telecommunication conduits.
(1)
Telecommunication conduit. Providers of telecommunication services
are hereby are authorized to install and permanently maintain necessary
underground conduit and manholes at locations within streets, avenues
and alleys in the city in locations approved by the board of public
works. During installation such providers shall not unnecessarily
obstruct any streets, avenues, alleys or public grounds and shall
suitably barricade and protect that part of the street, avenue or
alley where the work is being done, and shall close off no portion
of streets, avenues or alleys without first having received a permit
from the city. Such providers shall complete all installation work
as speedily as possible and shall repair and make good any water or
sewer pipes previously laid that are damaged or destroyed during such
installation. Following such installation such providers shall restore
said streets and alleys under direction of the board of public works;
shall further.
(2)
Installations before December 31, 2015. All underground telecommunication
conduit and manhole installations that have been lawfully placed prior
to December 31, 2015 are hereby approved.
[3-15-1994; 11-5-2014; 2016 Code; 9-21-2020]
(A)
Purpose. The purpose of this section is to provide for the installation
or repair of sidewalks throughout the city to provide safe off street
paths for pedestrians on all public street frontage within the city.
(B)
Mandatory installation. Sidewalks shall be constructed in the city
as follows:
(1)
Sidewalk shall be installed where curb and gutter are installed
during the reconstruction of any street.
(2)
Sidewalk shall be installed before issuance of any occupancy
permit issued for new construction or change in use. For purposes
of this subsection (B)(2), construction of an addition, garage, shed
or other improvement on a residential lot which there is located a
previously constructed residence does not constitute "new construction."
(3)
In addition to the installation or repair of sidewalk as provided
in subsections (B)(1) and (B)(2) of this section, the council shall
from time to time by resolution determine where other new sidewalks
shall be installed.
(C)
Board of public works. The board of public works may order any sidewalk
which is unsafe, defective or insufficient to be repaired or removed
and replaced with a sidewalk in accord with the standards fixed by
the council.
(D)
Exceptions to mandatory installation.
(1)
A person may, by filing a petition with the plan commission,
request an exception to the requirement for installation of sidewalk
for an engineering consideration which renders the installation of
sidewalk on a particular property unreasonable.
(2)
Notwithstanding subsection (D)(1) of this section, a person
who owns real property located within the industrial or business park
zoning districts may, by filing a petition with the plan commission,
request an exception to the requirement for installation of sidewalk
within the public right-of-way of any street or avenue, on the side
of such right-of-way that directly abuts such real property. The petitioner
shall not be required to show an engineering consideration which renders
the installation of sidewalk on the petitioner's property unreasonable,
but the plan commission may consider other then-existing or planned
uses outside the petitioner's property that generate, or may in the
future generate, pedestrian traffic on the segment of sidewalk for
which the exception is requested and may deny or condition approval
of the exception accordingly. An exception granted pursuant to this
subsection may be for a limited time or made subject to such other
terms or conditions as the plan commission may determine.
(3)
The plan commission shall hear and decide each petition requesting
an exception to the installation of sidewalk.
(4)
If a petition under this subsection is denied, the petitioner
may file a written notice of appeal upon the city clerk within 10
days following the date the plan commission makes its decision. If
the city administrator objects to the granting of a petition under
this subsection, the city administrator may file a written notice
of appeal upon the city clerk within 10 days following the date the
plan commission makes its decision. The city clerk shall forward the
notice of appeal to the council, which shall consider such appeal
within 30 days following receipt of the notice of appeal. The council
may affirm, reverse or modify the decision of the plan commission.
(E)
Construction standards. The common council shall by resolution establish
the width, fix the grade, determine the material and prescribe the
method of construction of standard sidewalks throughout the city.
The board of public works, plan commission, director of public works
and city engineering department shall make such recommendations and
presentations as may be requested by the common council in making
any such resolution.
(F)
Permit, self-repair agreement.
(1)
Any person other than the city seeking to repair sidewalk or remove and replace sidewalk shall first submit an application for permit as provided in section 11-1-3 of this chapter.
(2)
In addition to the permit required in subsection (F)(1) of this
section, any person other than the city seeking to repair sidewalk
or remove and replace sidewalk shall first submit a sidewalk self-repair
agreement to the city engineering department. Sidewalk self-repair
agreement forms shall be available upon request from the city engineering
department.
(3)
Upon issuance of a permit and approval of the self-repair agreement,
a person may repair sidewalk or repair and replace sidewalk.
(G)
Payment for repair or construction. Payment for repair or construction
of sidewalk shall be charged as provided in section 66.0907 of the
Wisconsin statutes.
[12-17-1991; 11-18-2003; 2016 Code]
(A)
Every person shall remove all snow, ice, dirt, rubbish or refuse
material from the sidewalk in front of or immediately adjacent to
the premises owned or occupied by him.
(1)
Removal of snow, ice, dirt, rubbish or refuse material shall
be completed within a reasonable time after the accumulation of such
materials on the sidewalk.
(2)
Ice or snow that cannot be removed shall be sprinkled with ashes,
sand, salt or other substance to allow safe pedestrian use.
(3)
If the person responsible for removal of materials from the
sidewalk fails to remove such materials within a reasonable time,
the city shall be entitled to remove such material from the sidewalk.
Costs incurred by the city shall be billed to the owner of the property
to which the sidewalk adjoins. If such costs are not paid, such charges
shall be entered on the tax roll as a special tax against the property,
and shall be collected as other taxes upon real estate.
(B)
Unless otherwise permitted by law, no person shall cause to be deposited
any snow, slush, ice, dirt, debris, rubbish or refuse material of
any type or nature, on or upon any public or private property not
owned or occupied by such person or without the consent of the owner
or occupant thereof.
(1)
This subsection (B) shall not apply to city employees or other
agents of the city acting within the scope of their duties.
(2)
This subsection (B) shall not prevent the deposit of snow and
ice from a private residence upon the terrace immediately adjoining
the sidewalk of such private residence.
(3)
Snow, slush, ice, dirt, debris, rubbish or refuse material of
any type or nature, deposited in violation of this subsection (B)
is declared to be a public nuisance and in addition to any penalty
provided, the city may abate the public nuisance by removing any snow,
slush, ice, dirt, debris, rubbish or refuse material of whatever type
or nature, and cause the cost of the removal to be charged to the
person who deposited or caused the deposit in violation of this subsection
(B). If such costs are not paid, such charges shall be entered on
the tax roll as a special tax against the property, and shall be collected
as other taxes upon real estate.
(C)
In addition to any charges for services made under this section,
any person who violates any provision of this section shall upon conviction
be subject to a Class 5 forfeiture. A separate offense exists each
calendar day during which a violation occurs or continues.
[1-15-2002; 4-8-2015; 2016 Code]
(A)
AWNING
AWNING SIGN
NONPROJECTING AWNING
NONPROJECTING SIGN
PROJECTING AWNING
PROJECTING SIGN
SIGN
Definitions. In this section:
Means a roof like structure which projects beyond the lot
line, over a public sidewalk, and is fastened to a wall of a building
or to a support fastened to a wall of a building.
Means an identification sign painted on or affixed flat to
the surface of an awning and which does not extend vertically or horizontally
from the awning.
Means an awning which projects four inches or less beyond
the lot line.
Means a sign projecting four inches or less beyond the lot
line, over a public sidewalk, and is fastened to a wall of a building
or to a support fastened to a wall of a building.
Means an awning which projects more than four inches beyond
the lot line.
Means a sign, other than an awning sign, projecting more
than four inches beyond the lot line, over a public sidewalk, and
is fastened to a wall of a building or to a support fastened to a
wall of a building.
Means any medium, including its structure, words, letters,
figures, numerals, phrases, sentences, emblems, devices, designs,
trade names, or trademarks, by which anything is made known and which
is used to advertise or promote an individual, firm, association,
company, profession, business, commodity, event or product.
(B)
Projecting awnings. No person shall place, hang or maintain any projecting
awning or cause the same to be placed, hung or maintained unless the
distance from any point on such projecting awning to the public sidewalk
is seven feet or more and the person has obtained a written permit
issued following approval of such projecting awning by the board of
public works.
(C)
Projecting signs. No person shall place, hang or maintain any projecting
sign or cause the same to be placed, hung or maintained unless the
distance from the bottom of such projecting sign to the public sidewalk
is 8 1/2 feet or more and the person has obtained a written permit
issued following approval of such projecting sign by the board of
public works.
(D)
Nonprojecting awnings and signs. No person shall place, hang or maintain
any nonprojecting awning or nonprojecting sign or cause the same to
be placed, hung or maintained unless the person has obtained a written
permit issued following approval of such nonprojecting awning or nonprojecting
sign by the board of public works.
(E)
Other structures. No porch, gallery, store, platform, entrance to
basement, fire escapes, heating or air conditioning units, downspout,
railing or grating shall be allowed to extend into, upon or over any
public sidewalk without the written permit issued following approval
thereof by the board of public works.
(F)
Conditions for issuance of permit. The board of public works may,
as a condition of the issuance of a permit under this section, require
that a projecting awning, nonprojecting awning, projecting sign, nonprojecting
sign or other structure be limited in size, installed at a height
greater than the minimum set forth in this section or impose other
conditions which are reasonably designed to protect public safety
or promote an aesthetic image which is consistent with adjoining properties.
(G)
Other approvals. Issuance of a permit pursuant to this section shall
not relieve the person to whom such permit is issued from obtaining
other permits and approvals required by the city or other governmental
authority having jurisdiction.
[1969 Code; 2016 Code]
(A)
Every person owning any building in the city having any area between
the building and sidewalk or extending into the sidewalk shall keep
the same covered by a closed iron, or a closed iron and glass cover
laid perfectly even with the surface of the sidewalk, or shall keep
the same surrounded on all sides by a sufficient railing or barrier
at least three feet high, except stairways leading from the sidewalks
to basements which shall have a sufficient railing or barrier at least
three feet high on three sides thereof.
(B)
Every person who shall take up or remove any portion of any sidewalk,
or of any portion of any street or alley within the city, shall take
all necessary precautions to guard the public against all accidents
therefrom and shall be subject to such rules and regulations for the
protection of travel as the council may adopt.
[1969 Code; 12-17-1991; 2016 Code]
(A)
It shall be unlawful to stop any railroad train, locomotive or car
upon or across any street crossing for longer than five minutes without
opening the street for at least 10 minutes.
(B)
Any person responsible for the stopping of a railroad train, locomotive
or car contrary to the provisions of this section shall upon conviction
be subject to a class 5 forfeiture.
(C)
The owner of any railroad train, locomotive or car stopped in violation
of the provisions of this section shall upon conviction be subject
to a class 5 forfeiture.
[2016 Code]
The director of public works shall make a periodic report and
statement to the board of public works of the labor and services performed
by the city employees who are under his or her supervision, the nature
of the work performed, the amount due and owing for such services
and the name or names of the person or persons from whom payment is
due. The report shall also contain a statement of any material belonging
to the city sold by the director of public works, the name of the
party who purchased the same and the amount due for such material.
It shall be the duty of the city treasurer to make collection of amounts
so specified in the report of the director of public works.
[1969 Code; 2016 Code]
The city may do any class of public work or any part thereof
directly without submitting the same for bids.
[12-17-1991; 2016 Code]
Except as specifically provided elsewhere in this chapter, a
person who violates any provisions of this chapter shall upon conviction
be subject to a Class 3 forfeiture.
