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 is the owner or occupant except as provided in §§
491-17 and
491-18.
The prohibition of §
491-16 shall not apply to the following:
A. Temporary encroachments or obstructions authorized by permit under Article
VI of this chapter pursuant to § 66.0425, Wis. Stats.
B. Building materials for the period authorized by the Building Inspector,
which shall not obstruct more than 1/2 of the sidewalk or more than
1/3 of the traveled portion of the street and which do not interfere
with the flow in the gutters.
C. Excavations and openings permitted under §§
491-7 and
491-8 of this chapter.
[Amended 11-17-2022 by Ord. No. 2022-6]
A. The Village Clerk, upon the recommendation of the Director of Public
Works and/or Building Inspector, is authorized to issue a permit which
allows property owners to place certain fixtures, such as for the
sale of merchandise, on sidewalks which immediately adjoin their property.
In determining if a permit shall be authorized, all of the following
requirements must be met:
(1) The property must be located in an area zoned for commercial uses.
(2) The fixture(s) shall not be physically attached to the sidewalk,
any street fixtures or any adjacent building, and shall be of a temporary
design.
(3) The placement of the fixture shall not impede the flow of pedestrian
traffic on the sidewalk. In no event shall the fixture reduce the
unobstructed sidewalk width to less than five feet at any point.
(4) The property owner shall provide the Village with proof of liability
insurance coverage. The insurance coverage shall be an amount of not
less than $500,000 per occurrence and the policy shall specifically
state that it includes coverage for the fixtures located on the Village
sidewalks. In addition, the Village shall be identified as a third
party insured.
(5) The fixtures(s) shall not be for sale nor shall the fixtures(s) be
used for the sale of merchandise. Specifically excluded are all forms
of vending machines, vendor carts or tables, etc.
(6) The property owner whose property adjoins the Village sidewalk shall
file the permit application or authorize the occupant of the subject
property to file the permit application.
(7) The property owner or the occupant of the subject property shall
display the approved permit in the window of the building so that
it can be seen from the sidewalk.
B. Upon reviewing the permit application if it is determined by the
Village Clerk that all of the above requirements have been met, he
shall issue the permit. Said permit may be revoked by the Village
President, Director of Public Works, Village Clerk, Building Inspector
or any Village law enforcement officer ("Village enforcement officials")
at any time when one or more of the above requirements are not complied
with or if he determines that the placement of the fixture(s) endangers
the safety of the pedestrians who utilize the sidewalks.