[HISTORY: Adopted by the City Council of the City of South
Milwaukee. Amendments noted where applicable.]
[Amended 1-15-2002 by Ord. No. 1813]
When it is necessary to excavate any street, alley, sidewalk or other public place for the purpose of laying gas, water or other pipe, or for the installation of conduits for carrying electric light, telephone or other wires or pipes, or for making water, gas, sewer, steam or other service connection, all work shall be performed in accordance with the procedures identified in the "Regulations For Work Within Public Right-of-way" on file in the office of the City Engineer. Such regulations are adopted by reference and made a part of the City Code of Ordinances as though fully set forth herein. Changes to such regulations shall become effective upon approval of the Common Council by motion adopted by a majority of the Common Council at any regular or special meeting of the Common Council. Failure to follow the regulations shall be punishable as provided in § 12.27 of this Code of Ordinances. In addition to any forfeiture imposed pursuant to § 12.27, the cost of restoring the right-of-way may be assessed by an action in the Circuit Court.
A.
The Committee on Public Works of the Common Council shall adopt a
uniform combination curb and gutter and only this standard type shall
be constructed in any public street or alley in the City of South
Milwaukee unless the Common Council shall otherwise order.
B.
The Committee on Public Works shall annually recommend to the Common
Council the construction of whatever curbs and gutters are necessary
in the opinion of the committee. Such construction as may be approved
by the Common Council shall then be incorporated in one annual public
works program which shall be conducted by the City of South Milwaukee.
The procedures followed for all assessable improvements shall be as
provided in § 66.60, Wis. Stats. All assessments so levied
shall be in such amounts and on such terms as shall be provided by
the Common Council in the authorizing resolutions.
C.
The Common Council may, as provided in § 62.15(1), Wis.
Stats., determine that any such construction may be done by the City
of South Milwaukee without submitting the same for bids.
[Amended 2-2-2016 by Ord.
No. 2121]
It shall be the responsibility of the property owner to ensure
that any dumpster or any other obstruction placed in the public right-of-way
by the property owner, or by any person or company doing work for
the property owner, meet all requirements listed on the Street Obstruction
permit including lighted barricades.
No person shall dig any hole, ditch, trench or drain in or otherwise
injure or tear up or in any manner deface or destroy any sidewalk,
pavement, crosswalk or part or parts thereof, without first having
obtained written permission so to do from the Council.
A.
No person, persons, firm or corporation shall place, throw or leave or operate any vehicle which from its load or wheels or any other part thereof deposits any ashes, rubbish, junk, bottles, tin cans, dirt, mud or refuse of any kind or description in or upon any street, gutter, sidewalk, alley or public grounds in the City of South Milwaukee, except in receptacles as provided in § 12.16 of the South Milwaukee Code.
B.
Failure to immediately remove such material and clean such places
thereof shall constitute a separate and distinct offense and subject
the violator to an additional forfeiture therefore.
[Amended 7-30-1959 by Ord. No. 626]
No person, firm or corporation shall put up, erect, fasten,
post, paint or maintain any sign, picture, poster or advertisement
of any description which shall exceed 32 square feet in area upon
any curb, sidewalks, fence, board, barrel, box, case, railing, post,
barricade, material, bridge, bridge fender, structure or building
of any kind placed upon or adjacent to any street, alley, public way,
public ground or public highway except that signs of any size may
be erected on the premises of a business for the limited purpose of
advertising that business. Any such sign exceeding 32 square feet
in area shall not be erected closer than 50 feet from the nearest
lot line of any lot used for residential purposes, except that when
the sign location adjoins a lot used for residential purposes and
is separated from such lot by an alley or street right-of-way, no
setback shall be required. The erection of any sign in the City of
South Milwaukee shall be subject to the following regulations:
A.
No signs shall be erected or painted until an application for a sign
permit has been made in writing to the City Engineer and a permit
for such sign has been issued. In said application, the applicant
shall provide the following information:
(1)
The size of the sign.
(2)
The weight of the sign.
(3)
The method of supporting the sign.
(4)
The location of the sign, the owner of the building in which the
sign will be erected or on which the sign shall be painted, and the
occupant of the building.
(5)
The written consent of the owner of the building if the application
is made by someone other than the owner.
[Amended 6-30-1967 by Ord. No. 823]
B.
Every sign in its support shall be capable of withstanding a wind
pressure of 30 pounds to the square foot with a factor of safety of
four. The method of supporting the sign shall be acceptable to the
City Engineer. All signs, if attached parallel to a building, shall
be placed in close contact to the walls thereof; if offset from the
building, the same shall be attached with an open space of not less
than eight inches between any portion of the sign and the wall or
roof or other portion of the building in order to avoid the accumulation
of combustible substances. Every sign shall be installed so as to
be rigid.
C.
The lowest part of any sign support or appurtenance which extends
over any street, alley, sidewalk or other public way or place shall
be at least 10 feet above grade or not less than 15 feet above any
place used by vehicles. The furthermost projecting point of any sign
shall be at least 24 inches from the face of the street curb. No sign
shall be supported from any point outside the property line.
[Amended 12-24-1959 by Ord. No. 635]
D.
All electrical signs shall be electrically connected by an electrician
licensed by the City of South Milwaukee.
E.
In addition to the signs permitted under this section, there shall
be permitted marquees or canopies in the City of South Milwaukee,
the construction of which shall be subject to the following restrictions:
(1)
All portions of canopies or marquees shall be of incombustible material
throughout with the exception that a wood roof may be used where the
roof is covered by an incombustible material.
(2)
All supporting members must be structural steel or other incombustible
material.
(3)
Canopy faces cannot be over five feet high.
(4)
The canopy must be at least nine feet above grade.
[Amended 6-1-1976 by Ord.
No. 1035]
(5)
The furthermost projecting point of any canopy shall be at least
24 inches from face of curb.
F.
The fee for a sign permit shall be as established by resolution of
the Common Council.
[Amended 6-20-1967 by Ord. No. 723; 4-5-2000 by Ord. No. 1764]
G.
The Common Council may, upon written application, waive any of the
fees established herein
[Added 6-13-1968 by Ord.
No. 855]
H.
Within those areas of the City of South Milwaukee zoned for industrial
or commercial use, the provisions of Section 84.30(1), (2), (3) and
(4) as created by Chapter 197, Laws of 1971, are adopted by reference
and made a part of this section with the same force and effect as
if fully set forth herein, provided that references contained therein
to the "State Highway Commission" and to the State" shall be understood
to mean and to be changed to "South Milwaukee Building Inspector"
and "City."
[Added 9-4-1978 by Ord.
No. 971]
[Amended 4-5-2000 by Ord.
No. 1764]
Public signs shall be posted in public places, which signs shall
read "$25 reward shall be paid for information leading to the arrest
and conviction of anyone destroying public property." The Police Department
shall be responsible for determining the placement of such signs.
[Amended 1-2-1985 by Ord.
No. 1284; 2-2-2016 by Ord. No. 2121]
It shall be the duty of every property owner of each and every
parcel of real estate abutting on or bordering upon any street, avenue
or highway or other public place to remove or cause to be removed
all snow and ice from the sidewalk in front of or adjacent to such
premises to the full-paved width of such sidewalks within 24 hours
after such snow or ice shall have fallen or accumulated thereon. Determination
of the ending of such twenty-four-hour period shall be made by the
Police Department.
[Amended 2-2-2016 by Ord.
No. 2121]
In case the snow and ice on the sidewalk shall be frozen so
hard that it cannot be removed without damage to the sidewalk, the
owner of every parcel of real estate shall, within the time specified
in the preceding section, ensure the safe traversing of the sidewalk
abutting or adjacent to such premises by applying an abrasive material
such as sand or salt and as soon thereafter as the weather shall permit,
thoroughly clean such sidewalk.
No person shall throw, place or pile, or assist others in throwing,
placing or piling, any snow, ice or other impediment or obstruction
to the running of cars upon the tracks of any railroad company or
in the space between the rails thereof or in the space between a rail
and a line distant three feet outside each rail.
[Amended 2-2-2016 by Ord.
No. 2121]
It shall be unlawful for any person to throw, blow, pile, or
place or allow to be thrown or placed any snow or ice into any street,
avenue or other public place in the City. This section may be enforced
against any person or entity performing snow removal or the person
or entity owning the property from which the snow was removed, or
all of the aforesaid parties. This section shall not apply to any
employee of the City while acting within the scope of City employment.
[Amended 2-2-2016 by Ord.
No. 2121]
The owner of any building so located, abutting upon or near
to any public street or place that snow or ice may fall from a roof,
canopy or awning thereof into or upon such street or place or upon
the sidewalk thereof shall cause all snow and ice to be removed from
such roof within six hours after the same shall have ceased falling
or forming, or provide suitable guards so that the ice or snow shall
not be discharged upon the sidewalk. Determination of the ending of
such six-hour period shall be made by the Police Department.
It shall be the duty of each police officer, in case he finds
that the snow and ice have not been removed from sidewalks and roofs,
or in case of the neglect of the person charged with such duty by
this chapter to spread sand or other substances upon ice or snow when
the same cannot be removed within the time required by this chapter,
immediately to notify the Street Superintendent thereof.
[Amended 2-2-2016 by Ord.
No. 2121]
Whenever any property owner shall fail or neglect to remove snow and/or ice from any public sidewalk or roof as provided in this chapter, the Street Superintendent may without notice to the property owner, have the ice and/or snow removed. The fee for the City removing the snow and ice shall be set by the Common Council and included in the City's Administrative Fee Schedule. The Street Superintendent shall keep an accurate account of the occurrences of the City clearing the snow and ice in all cases where property owners of abutting lots fail to do so and report the same to the City Clerk who shall prepare at least annually invoices for the affected property owners. If the property owner fails to pay the invoice, the amount therein charged to each lot or parcel of land shall be entered in the tax roll as a special charge against said lot or parcel of land and the same shall be collected in all respects like other taxes upon real estate. The imposition and collection of any fine or penalty prescribed for violation of §§ 12.20 and 12.26 inclusive of the South Milwaukee code shall not bar the right of the City to collect the cost of the removal and cleaning of snow and ice from the sidewalk as herein provided.
[Amended 1-15-2002 by Ord. No. 1813]
Any person who shall violate any of the provisions of this Chapter 12 of the Municipal Code of Ordinances or the regulations adopted by reference herein shall, upon conviction, pay a forfeiture of not less than $250 nor more than $5,000 and the costs of prosecution for each offense. Each day on which a violation continues shall constitute a separate offense.
A.
This ordinance is created with the intention of controlling those
discharges of storm and rain water which, when transferred to the
public right-of-way, create hazardous walking or driving conditions.
[Amended 4-16-1985 by Ord. No. 1301]
B.
Definition. The public right-of-way includes those areas within the
street, curb, lawn, sidewalk and alley way which are designated as
public rights-of-way on the City of South Milwaukee Official Map.
C.
No owner of real property in the City of South Milwaukee shall be
permitted to discharge storm water or rain water or other types of
clear water discharges upon or adjacent to the public right-of-way
in such a manner that the discharge creates or tends to create a safety
hazard for pedestrians and vehicular traffic on the public right-of-way
whether such hazard is created in the area immediately bounded by
the owner's property or at a distance from the owner's property.
[Amended 4-16-1985 by Ord. No. 1301]
D.
Monitoring.
(1)
The Engineering Supervisor of the City of South Milwaukee is herewith
charged with the responsibility of periodically surveying the City
to determine those areas in which rain and other water discharges
upon the public right-of-way have in the past and are likely to in
the future create ice hazards during the winter season upon the public
right-of-way in the City of South Milwaukee.
(2)
The Engineering Supervisor of the City of South Milwaukee is also
herewith charged with the responsibility of investigating complaints
of discharge upon the public right-of-way causing a safety hazard
to pedestrian or vehicular traffic on the public right-of-way and
where, in the judgment of the Engineering Supervisor, such discharge
creates a safety hazard, to order the owner of the property causing
such discharge, whether that property owner be the one immediately
adjacent to the hazard or at a distance therefrom, to eliminate the
water causing such hazard in conformity with the following provisions.
[Added 4-16-1985 by Ord.
No. 1301]
(3)
It is further declared the duty of the City Engineering Supervisor
to determine the source of such water creating such ice hazard and
to determine the most efficient and economical means of elimination
of such hazard and issue such orders as are necessary to the achievement
of such elimination.
(4)
Such orders issued by the Engineering Supervisor shall be served
upon the property owner and shall provide for the remedial action
to be taken within a defined period of time and shall identify with
reasonable specificity the means by which such remedial action shall
be taken.
(5)
In issuing such orders, the Engineering Supervisor is directed to
consider both the degree of the hazard created, the cost of all possible
solutions, all reasonable alternative solutions, the time within which
compliance can reasonable be expected and such other individual factors
to determine the most effective and economical means of presenting
the creation of ice hazards on the public right-of-way. The Engineering
Supervisor may issue orders which provide a specific time period for
the owner to attempt alternate solutions on a trial basis upon such
conditions as the Engineering Supervisor deems reasonable.
(6)
Failure to comply with an order issued pursuant to this paragraph
or to a modification of such order granted by the Review Board established
hereinafter shall subject the owner of property to whom such order
is addressed to a penalty of not more than $50 per day for each day
the owner fails to comply with the order.
E.
Each order issued by the Engineering Supervisor pursuant to the above
paragraph shall be accompanied by a notice of appeal rights outlining
the procedure contained in this paragraph.
(1)
There is hereby created a Board of Compliance Appeals consisting
of the City Administrator, the Chairman of the Public Works Committee
and the members of the Building Board of the district wherein the
property subject to the order is located.
(2)
Any property owner subject to an order issued by the Engineering
Supervisor may, within 10 days of the receipt of such order, file
with the herein created Board of Compliance Appeals, a written notice
of appeal stating herein those aspects of the order which the property
owner feels are unreasonable. This notice of appeal shall be sent
by certified mail to the Chairman of the Public Works Committee. The
Chairman of the Public Works Committee shall then order a hearing
upon that appeal not later than 30 days after receipt of the notice
of appeal.
(3)
Notice of the date of the hearing shall be given to the individual
property owner, the Engineering Department Supervisor and any other
parties who have informed the Chairman of the Public Works Committee
of their interest prior to the hearing date. The Chairman of the Public
Works Committee may also give notice to any other party s/he deems
interested including but not limited to the alderman of the district,
the Street Superintendent, neighbors of the property owner, etc.
(4)
The Board of Compliance Appeals shall have the authority to grant
temporary stays, compliance schedules, modifications to the order
or to vacate the order of the Engineering Supervisor.
(5)
Any order issued by the Engineering Supervisor which is appealed
to the Board of Compliance Appeals hereunder shall be stayed until
the decision of the Board of Compliance Appeals. The board shall render
its decision in writing and mail a copy of the decision by first class
to the last known address of the property owner. Upon mailing of the
order, the automatic stay herein created shall be lifted and the time
period of compliance shall again begin to run subject to any modification
granted by the Board of Compliance Appeals.
F.
Permit required.
(1)
Any installation of a permanent discharge line designed to discharge
on the public-right-of-way made after the effective date of this ordinance
shall not be employed to discharge water onto the public right-of-way
unless a permit for such discharge is first obtained from the City
Engineering Supervisor.
(2)
Permits issued under this section shall be issued by the Engineering
Supervisor subject to such conditions and restrictions as he deems
reasonable to prevent the creation of ice hazards on the public right-of-way.
All construction in lands which are not platted prior to July
30, 1984, shall provide for the connection of all sump discharge lines
directly to the nearest available storm sewer line.
[Added 12-29-1955 by Ord.
No. 543]
A.
Main thoroughfares are hereby established. The use of such streets
shall be controlled as provided herein. Widths and type of pavement
construction shall conform to the drawing entitled "Width of Highway"
hereby adopted and made a part of this ordinance.
B.
East and west main thoroughfares shall be as follows:
|
College Avenue from Nicholson Road to North Chicago Avenue
| |
|
Drexel Avenue from Nicholson Road to 5th Avenue
| |
|
Forest Hill Avenue from Nicholson Road to 12th Avenue
| |
|
Marquette Avenue from Nicholson Road to 5th Avenue
| |
|
Milwaukee Avenue from Nicholson Road to 5th Avenue
| |
|
Oak Street (including Parkway Drive) from Nicholson Avenue to
North Chicago Avenue
| |
|
Park Avenue from North Chicago Avenue to Lake Drive
| |
|
Rawson Avenue from Nicholson Road to 10th Avenue
|
C.
North and south main thoroughfares shall be as follows:
|
5th Avenue from Milwaukee Avenue to the south limits of the
City of South Milwaukee
| |
|
10th Avenue from College Avenue to Forest Hill Avenue
| |
|
12th Avenue from Milwaukee Avenue to Marquette Avenue
| |
|
13th Avenue from College Avenue to 12th Avenue, including cut
over route from 13th Avenue to 12th Avenue
| |
|
15th Avenue from College Avenue to Forest Hill Avenue
| |
|
Lake Drive from College Avenue to Milwaukee Avenue, including
the Mill Road through Oak Creek Parkway
| |
|
Nicholson Road from College Avenue to Forest Hill Avenue
|
[Added 11-15-1956 by Ord.
No. 559]
A.
There is hereby established a uniform system of numbering all houses,
buildings and lots fronting on all streets, avenues and highways in
the City of South Milwaukee.
B.
College Avenue shall constitute the base line for numbering along
all streets running north and south and Lake Shore Boulevard shall
constitute the base line for numbering along all streets running east
and west. All buildings and lots on diagonal streets shall be numbered
the same as north and south streets if the diagonal runs more in a
north-south direction and the same on east and west diagonal streets
if the diagonal runs more in an east-west direction.
C.
The numbering for each street shall begin at the base line with College
Avenue being designated as 100 and Lake Shore Boulevard being designated
as 200, and each block to the south and west of said base lines respectively
shall be numbered in a series of increasing 100's. For the purpose
of this ordinance, the lines of perpendicular streets which do not
intersect shall be extended so that the same intersect. The City Engineer
shall assign the proper number to each house, building or lot on the
basis of one number for each 30 feet of frontage wherever platting
and lot sizes permit, otherwise in a manner consistent with the intent
of this ordinance and adapted to the particular locality.
D.
Odd house numbers shall be assigned to all lots and buildings on
the south and east sides of streets and even numbers shall be assigned
to the north and west sides of streets.
E.
Where blocks of different lengths occur on opposite sides of a street,
the numbers on both sides shall be assigned on the bases of the shorter
blocks unless the City Engineer shall otherwise determine. All streets
not extending through to the base line shall be assigned the same
relative numbers as if the said street had extended to the base line.
For purposes of this ordinance, the lines of perpendicular streets
shall be considered as extended to that the same will intersect.
F.
Within 90 days from the effective date of this ordinance, the City
Engineer shall cause a survey to be made to determine whether any
house, building or lot within the City of South Milwaukee is numbered
in a manner so as not to conform to the provisions of this ordinance.
In such case, the owner, occupant or agent of either shall be notified
in writing that the number in use is incorrect and said notice shall
specify the correct number therefore. The person so notified shall
then be given a period of 30 days in which to renumber such house,
building or lot to conform to the provisions of this ordinance.
G.
The number assigned for each house, building or lot shall be conspicuously
placed immediately above or at the side of the proper door of each
building so that the number can be seen plainly from the street. Whenever
any building is located more than 50 feet from the street line, the
number of such building shall be conspicuously displayed at or near
the street line so that the same is clearly discernible therefrom.
H.
Where only one number can be assigned to any house or building, the
owner or occupant thereof who shall desire to use distinctive numbers
for the upper and lower portions of such house or building or any
part thereof shall use the suffix "1/2" as may be required.
I.
For the purpose of facilitating a correct numbering, a plat book
of all streets, avenues and public highways within the City showing
the proper numbers of all lots or houses fronting upon all streets,
avenues or highways shall be kept on file in the Office of the City
Engineer and shall be open to inspection by all persons during office
hours. It shall be the duty of the City Engineer to inform any party
applying therefore of the number or numbers belonging or embraced
within the limits of any lot or property as provided by this ordinance.
In case of doubt as to the proper number to be assigned, the City
Engineer shall determine the number of such lot or building.
J.
Whenever any house, building or structure shall be erected or located
in the City of South Milwaukee after the entire work of establishing
a uniform system of house numbering has been completed, in order to
preserve the continuity and uniformity of numbers of the houses, buildings
and structures, it shall be the duty of the owner to determine from
the City Engineer the proper numbers assigned to the particular lot
and to affix the proper numbers upon the building or structure as
provided by this ordinance.
K.
It shall be the duty of all police officers of the City of South
Milwaukee to report any violations of the provisions of this ordinance.
L.
If the owner or occupant of any building required to be numbered
by this ordinance shall neglect for the period of 20 days to duly
attach and maintain the proper number on such building, the City Engineer
shall serve upon him a notice requiring such owner to properly number
the same, and if he neglects to do so for 10 days after the service
of such notice, he shall be deemed to have violated this ordinance.
Upon conviction therefore, he shall forfeit not less than $1 nor more
than $200 together with the costs of prosecution, and in default of
payment of such forfeiture and the costs of prosecution, shall be
imprisoned in the House of Correction or the County Jail until such
forfeiture and costs are paid, but not to exceed 30 days for each
violation. Each day that a violation continues to exist shall constitute
a separate and distinct violation.
[Added 3-27-1958 by Ord.
No. 589]
In addition to all other methods provided by law for the fixing
and establishing of grades for all streets and alleys in the City
of South Milwaukee, the Common Council may from time to time fix and
establish such grades by the adoption of a resolution approving the
proposed grade for such street, alley or portion thereof as shown
by the drawing therefore as prepared by the City Engineer and on file
in the Office of the City Clerk, identifying the same by number and
date. The City Clerk shall maintain a file of established grades for
all streets and alleys for which a grade has been permanently established.
Such file shall contain copies of all ordinances, resolutions and
drawings by which such grades are established, the drawings to show
existing elevations and the proposed grade of the street, alley or
portion thereof.
A.
The Common Council shall adopt a standard for all permanent type
pavements within the City of South Milwaukee and the same shall then
be installed uniformly throughout the City at such times and locations
as the Common Council may from time to time determine.
B.
No permanent type pavement shall be installed on any roads which
form boundaries of the City of South Milwaukee without first obtaining
agreement of the governing body of the adjoining municipality relative
to assessments against property in such adjoining municipality.
[Amended 3-3-1964 by Ord.
No. 750]
C.
Owners of property may pave curb lawn areas between the curb and
sidewalk abutting any church, school, business or manufacturing establishment,
conforming to the specifications on file in the Office of the City
Engineer with:
A.
It shall be the policy of the City of South Milwaukee before accepting any proposed dedications of lands for public roadway purposes to require the installation of all improvements which are required under the provisions of Chapter 14 of the South Milwaukee Code relating to subdivisions, including street grading and surfacing sanitary sewers, water mains, house laterals, to each proposed building site, curb and gutter and sidewalks.
B.
If such improvements have not been completed at the time of dedication,
the owner may file with said dedication either (1) a bond meeting
the approval of the City Attorney; or (2) a certified check in an
amount equal to the estimated cost of such improvements as a guarantee
that said improvements shall be completed within 120 days of the acceptance
of the dedication by the City of South Milwaukee.
[Added 10-16-1958 by Ord.
No. 607]
[Added 12-24-1959 by Ord.
No. 636; amended 4-5-2000 by Ord. No. 1764]
Any person owning property fronting or abutting upon any street
or alley in the City of South Milwaukee may petition the Common Council
for the vacation of such street or alley or any portion thereof, but
any such petition must be accompanied by the fee established by resolution
of the Common Council.
A.
Newspaper distribution boxes.
(1)
No newspaper distribution box shall be positioned or maintained within
any public highway or beyond the lot line or upon City property except
by permit issued by the Common Council.
(2)
Application for such permit shall be made to the Permits and licenses
Committee and shall be accompanied by a list of specific locations
where such boxes are positioned or maintained. Such list shall further
specify all dimensions of such distribution boxes and the method of
installation or maintenance such as fastening to pole or free standing.
(3)
If such application is approved by the Common Council, the permit
shall be issued upon payment of fees by the applicant in the amount
as established by resolution of the Common Council.
[Amended 4-5-2000 by Ord.
No. 1764]
(4)
No such permit shall be issued until the applicant shall file a bond
in the amount of $10,000 running to the City and to such parties as
may be injured because of the installation or maintenance of such
newspaper distribution boxes within the public highway or upon City
property. All such permits shall be granted only upon the condition
that by acceptance of such permit the applicant shall become primarily
liable for damages to person or property by reason of the granting
of the privilege, shall be obligated to remove any such newspaper
distribution box upon 10 days' notice by the State of Wisconsin
or by the City. Such permit shall also be conditioned upon a waiver
by the applicant of its right to contest in any manner the validity
of § 66.045, Wis. Stats., or of this subsection or of the
amount of the fees herein specified. It shall be a further condition
of any such permit that the City shall not be responsible for any
damage to such box or boxes because of snow plowing or removal operations
or any other municipal maintenance function. The holder of any such
permit shall be entitled to no damages for removal of any such newspaper
distribution box, and if he shall not remove the same upon due notice,
it shall be removed by the City at his expense. Third parties whose
rights are interfered with by the granting of such permit shall have
right of action against the holder of the permit only.
(5)
The Common Council shall review such permit applications and shall
approve the positioning or maintenance of specific newspaper distribution
boxes only when it has determined that there will be no unreasonable
obstruction of vehicular or pedestrian traffic upon the public highways
or City property, that there will be no interference caused to any
other municipal or public service structure or equipment, that accessibility
to bus stops by both buses and pedestrians will not be impeded, that
the boxes will be securely fastened and maintained in a neat condition.
B.
The Common Council is authorized to establish specific standards
and to amend them from time to time in order to carry out the purposes
of this subsection.
