[Adopted as Secs. 7.01 through 7.05 and Sec. 7.20 of the
Codification]
[Amended by Ord. No. 1764]
A.
Injuring
grass plots or streets. No person shall cut, break, tear, deface or
otherwise injure a grass plot, flower bed, ornamental or shade tree,
shrub, lamppost, signpost, or street lamp other than his own, upon
any sidewalk, street, alley or other public place within the limits
of this Village.
B.
Fastening
animals to shade trees. No person shall fasten any animal to any ornamental
or shade tree, lamp post, sign post, or to any box or cage around
such tree other than his own, upon any sidewalk, street, alley or
other public place within the limits of this Village.
C.
Obstructing
sidewalks. No person shall pile, deposit, or place, or permit to be
piled, deposited or placed, any rubbish, wood, coal, dirt, impediment
or obstruction of any kind upon or over any sidewalk within this Village
so as to interfere with the convenient use of the same by the public.
In the event that any person shall violate the provisions of this
section or shall allow any such rubbish, wood, coal, dirt, impediment
or obstruction of any kind to accumulate or be deposited upon any
street or sidewalk and remain there for more than 12 hours, the Village
Manager shall forthwith remove the same at the expense of the owner
of said premises, keep an accurate account of the cost of said work
opposite each separately owned tract or parcel of land, certify the
same to the Village Clerk-Treasurer prior to the first day of November
next ensuing, and the said Clerk-Treasurer shall immediately enter
the said amount so certified on the tax roll against the respective
parcels of land.
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
D.
Riding or driving upon sidewalks. No person over the age of 12 years shall ride any bicycle and no person shall ride any motorcycle or drive or ride any horse or any vehicle, as defined in Chapter 6, Traffic Code, along or across any of the sidewalks or curbs of any of the streets or highways within this Village.
E.
Roller
skating on sidewalks. It shall be unlawful for any person or persons
to use or operate upon any of the sidewalks in said Village between
the hours of 8:00 p.m. and 7:00 a.m. any roller skate or roller skates
or any push-mobile or push-mobiles, except only such as are equipped
with rubber tire upon each roller or wheel thereof.
F.
Engaging
in dangerous sports upon streets. No person shall engage in any sport
or exercise whereby any passenger in or upon any streets, alley or
public grounds within the limits of this Village shall or may be impeded
or endangered or injured.
G.
Damaging
streets. No person shall injure, tear up or deface any public improvement,
nor dig any hole, ditch, drain or trench, nor make any alteration
or construct any improvement of any kind in any public street or highway
without a written permit from the Village Manager. Application for
such permit shall be in such form and contain such information as
shall be required by the Village Manager, who shall issue such permit
subject to such regulations and conditions as he may adopt.
(1)
Requires a nonrefundable street excavation permit in an amount as
set from time to time by the Village Board.
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
H.
Removing
earth, etc., from streets. No person shall remove any earth, sand,
stones, planks or gravel from any streets, highways or public grounds
within said Village without first having obtained an order or permit
from the Village Manager.
I.
Use
of certain equipment prohibited.
(1)
The dropping of heavy weights, frost breakers or construction equipment
buckets to break pavements, driveway approaches or sidewalks, or to
compact backfill material is prohibited.
(2)
The use of mobile hammers to break pavements, driveway approaches,
or sidewalks after November 1 or before April 15 is prohibited. The
use of mobile hammers at any other time is permitted conditioned upon
an endorsement from the contractor to the Village, holding the Village
harmless from claims arising from use of mobile hammers.
A.
Littering
prohibited. No person shall deposit, cast, throw, or permit to be
blown or fall onto any street or highway, including the entire area
of a street or highway between the lot lines, whether or not paved
or improved in any manner, or onto any pedestrian walk, public way
or other public property, any ashes, dirt and paper, tin cans, bottles,
glass, twigs, shrubs, construction waste, garbage or other rubbish,
litter, or offensive or nauseous material of any type.
B.
Vehicle littering prohibited. The operator of any truck, automobile or vehicle of any type shall cause every person in such truck, automobile or other vehicle to comply with the provisions of Subsection A of this section of Article I, Regulations; Penalty, and the violation of Subsection A by any person in a truck, automobile or other vehicle shall also constitute a violation by the operator thereof. In the event a truck, automobile or other vehicle is parked, the person who was the operator thereof at the time it was parked shall, for the purposes of this article, be considered the operator thereof while it is parked.
C.
Litter
removal.
(1)
It shall be the duty of the owner and occupant of every dwelling, store, building or structure to remove from the lot line to the center of the street or highway, pedestrian walk or other public way on which such property abuts, including the entire lot or parcel of land whether or not the building or structure thereon covers the entire lot, all materials of the type referred to in Subsection A.
(2)
The Village Manager shall, from time to time, make personal inspection
of all streets, highways, pedestrian walks and other public ways in
the Village to see that the provisions hereof are observed and obeyed,
and in case of the failure of any owner or occupant to comply with
the provisions hereof, the Village Manager shall cause the material
to be removed, keeping an accurate record of the cost incurred by
the Village in effecting such removal, and shall then mail or deliver
a bill for such work to the owner and to the occupant of the premises,
which bill shall carry thereon a notation that, unless the same is
paid within 30 days from the end of the month in which said bill is
mailed or delivered, the amount thereof will be certified and levied
as a special tax against the premises in the next succeeding tax roll
and collected as all other taxes are collected.
D.
When
inapplicable.
(1)
This section shall not apply in respect to ashes, sawdust or sand placed on any street, highway, pedestrian walk or other public way pursuant to Article IV, Snow and Ice Removal, of this article to make the same safe for vehicular or pedestrian travel where necessary because of ice or snow on such street, highway, pedestrian walk or other public way.
(2)
This section shall not apply to the placing of materials referred
to by this section for collection by the Department of Public Works
in its regular collection of rubbish and in conformity with such rules
and regulations in respect thereto as may be issued by the Village
Manager from time to time.
E.
Removal of construction material. It shall not be a violation of this section if materials of the type referred to in Subsection A are strewn, spilled or carried onto any street, highway, pedestrian walk or public way during the course of performing any work or labor on property, provided that such materials are swept, shoveled or otherwise removed or taken from such street, highway or public way prior to 6:00 p.m. of each day; further, it shall not be a violation of this section to leave any dirt piled on a street, highway, pedestrian walk or other public way during the course of excavating for the installation of a sewer, water or gas main, or underground electric wires or cables, and the similar piling of gravel or material to be used in filling such excavation, provided such excavation and materials so piled are adequately marked by barricades and lights to warn and protect the public; a proper permit for such excavation has been obtained; the excavation is promptly made and filled; and any such materials so piled are removed from the street, highway, pedestrian walk or other public way prior to 6:00 p.m. on the day following the completion of the filling of the excavation.
F.
Responsibility
for employees, etc. Any person performing any work or labor in the
Village shall be responsible for any violations of this section by
him or by any servant, agent or employee of his; a subcontractor,
and the servants, agents and employees of a subcontractor, for the
purposes of this section, shall be considered agents or employees
of the principal contractor.
A.
Utility
wires and appurtenances.
(1)
Regulation of construction. No light, power, telegraph, telephone
or other wires shall hereafter be placed, suspended or maintained
on or laid underground in any street, alley or other public grounds
in this Village, except in accordance with plans and specifications
therefor approved in writing by the Village Manager.
B.
Radio
and television antennas.
(1)
Prohibition. No radio or television antenna or supporting cable shall
be placed, suspended, constructed or maintained on, along or across
any Village street or attached to any Village light pole, utility
pole or any tree or trees growing in the parkway adjacent to a Village
street or in any public way.
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
A.
No
person shall obstruct any part of any street, alley, public grounds,
parkway or sidewalk in the Village by placing or causing to be placed
any piles of earth, stone, timber, lumber, planks or other construction
material without first obtaining a permit from the Village Clerk-Treasurer
upon approval by the Village Manager. The application shall be accompanied
by a fee per month or part thereof as set from time to time by the
Village Board. The permittee shall erect such barriers and warning
lights as will effectively protect the public. No roadway shall be
obstructed by more than 1/3 of the width nor for a period longer than
one month, nor beyond the extension of the lot lines upon which construction
work is actually being done. In the event a public sidewalk is obstructed,
the permittee shall direct pedestrians around the obstruction by a
protected temporary walkway, or to a public sidewalk on the opposite
side of the street, all areas shall be placed in as good and clean
condition as prior to issuance of the permit.
B.
No
person shall erect or move any building, fence or other structure
upon any streets, alley or sidewalk or other public grounds within
this Village without a written permit therefor as provided in the
Uniform Building Code.
A.
It
shall be the duty of every person who shall tear up or dig any hole
or trench in or cause any obstruction to exist in any street or public
ground of said Village, and all such persons who shall be so engaged
in any capacity whatsoever, to see that such streets or other public
grounds during the progress of said work shall be passable and not
otherwise to be made dangerous, but where the nature of said work
necessarily makes travel over such street or other public ground dangerous,
every such person shall, during all such times, erect and maintain
good and sufficient barriers, with red lights mounted thereon, between
sundown and sunrise, to caution the public that said street or other
public ground is impassable or dangerous, and prevent travel thereon.
[Amended by Ord. No. 1781]
Any person who shall violate any provision of this article shall be subject to a penalty as provided in Chapter 17, Village Code and Ordinances, Article III, General Penalty, of the Code of the village of Whitefish Bay, in addition to any specific penalty provided herein. A separate offense shall be deemed committed on each day on which a violation of any provision of this article occurs or continues. As and for a further penalty for any violation of this or any other provision in the Municipal Code, the Village Board hereby empowers the Village Manager or designee to, after providing notice in person or via United States Mail to the last known owner of the property at least two business days in advance, perform such work on said property as is required to render the property compliant with the Municipal Code. The reasonable cost of such work shall be billed to the last known property owner and such bill shall be due and payable within 15 days after it has been mailed. Amounts due after said period of time shall be delinquent and shall become a lien upon the property and may be placed on the tax bill of the property in question as a special charge for current services as provided in § 66.0627, Wis. Stats.
