[Code 1993, § 8.01]
(a)
Permit required. No person shall injure, break, remove or tear up
any pavement, street, alley, highway, road, sidewalk, crosswalk, drain,
sewer, public right-of-way or public ground, or any part thereof,
or dig any hole, ditch or drain in any pavement, street, alley, highway,
road, sidewalk, crosswalk, public right-of-way or public ground, or
remove any gravel, sod, dirt or sand from any pavement, street, alley,
highway, road, sidewalk, crosswalk, public right-of-way or public
ground or from the east end of any street, alley, highway, road, sidewalk,
crosswalk, public right-of-way or public ground abutting on Lake Michigan,
or place, or allow to be placed, on any pavement, street, alley, highway,
road, sidewalk, crosswalk, public right-of-way or public ground any
building, material, equipment or machinery, or obstruct travel thereon
of any nature, without a written permit obtained from the Village
Board or its authorized agent. All work authorized by the permit shall
be completed within the time specified in the permit. The fee for
such permit shall be as determined from time to time by resolution
of the Village Board.
(1)
When
private landscaping or other improvements are placed or installed
within the public right-of-way, the Village has no obligation to replace
or repair such landscaping or other improvements if removed or damaged
by Village field operations, utility operations, and other governmental
functions. The Village also has no obligation to maintain private
aboveground or below-ground improvements or landscaping within the
public right-of-way. Private installations interfering with; including,
but not limited to, Village field operations, utilities (installation,
access, repair, etc.), roadway repair and/or maintenance, public safety,
or drainage, shall be ordered removed from the public right-of-way
at the discretion of the Public Works Department.
[Added 2-27-2023 by Ord. No. 9-2023]
(b)
Removing material. No openings in streets, highways, roads or alleys
will be permitted when the ground is frozen, except where absolutely
necessary, as determined by the Village Board or its authorized agent.
In opening any street or other public way, all materials for paving
or ballasting shall be removed, together with the excavated material
from trenches, and shall be placed where the least practicable inconvenience
to the public will be caused and will permit the free passage of water
along the gutters.
(c)
Barriers and lights. Every person who receives a permit shall place
upon or around any building, material, machinery, equipment or other
obstruction located in whole or part upon any street, alley, highway,
road, sidewalk, crosswalk, public right-of-way or public ground, and
maintain in working order thereon until such building, material, machinery,
equipment or other obstruction is completely removed, from one hour
after sunset until daylight of the next day, sufficient lights and
barriers to warn all persons passing along or across such street,
alley, road, highway, sidewalk, crosswalk, public right-of-way or
public ground of the presence of such material, machinery, equipment
or other obstruction.
(d)
Bonds for drainlaying. Drains shall be laid only on the condition
that the person has filed with the Clerk-Treasurer a bond and insurance
policy for all damages that may result from such person's neglect
of any necessary precautions against all accidents to persons or property.
(e)
Closing streets to traffic. One lane of traffic shall be maintained
at all times unless a permit for a temporary closing is granted by
the Village Board. Application for such closing shall be made, in
writing, to the Village Board or its authorized agent and shall only
be granted on the condition that the applicant for such permission
shall notify the Police Department and Fire Department of the time
and place of such closing, and that the applicant barricade the street
at the intersections of each end of the block wherein the opening
is made and post signs informing the public that the street is closed.
The barricades shall be protected in the nighttime in the manner provided
for openings.
(f)
Trenches. No trench shall have a clear width inside the necessary
sheeting or bracing which is more than 12 inches greater than the
maximum outside dimension of the pipe or conduit being installed,
except that no trench is required to have a clear width of less than
30 inches. All trenches shall be sheeted and braced in accordance
with the current regulations of the department of commerce.
(g)
Backfilling. All excavated material from openings shall be removed
from the site and such openings shall be backfilled with an approved
material to within 10 inches of the finished grade. The remaining
distance shall be backfilled with crushed stone to its existing grade
and the pavement material shall be replaced in kind. Such fill material
shall be slurry sand or granular fill, tamped by mechanical means
in two-foot lifts, as may be directed by the Village Board or its
authorized agent. All water or gas pipes, electric or telephone cables
or conduit, and drain and sewer tiles must be protected from injury
or settling in a manner satisfactory to the Village Board or its authorized
agent.
(h)
Street restoration.
(1)
In the case of a permit to open a paved street which is concrete,
asphalt or brick surface, the applicant for a permit, in addition
to the permit fee specified in Subsection (a) of this section, may
be required, as determined by the Village Board or its authorized
agent, to deposit with the Village the sum set by the Village Board
to cover the expense of relaying such pavement, which shall be performed
by the Village Board or under its direction or supervision. Where
the street restoration area exceeds 125 square feet, there shall be
an additional fee as set by the Village Board. In the case of a permit
to open an unpaved street which has a crushed stone base, the applicant
for a permit shall deposit with the Village, in addition to the permit
fee specified in Subsection (a) of this section, the sum as set by
the Village Board. Where the street restoration area exceeds 125 square
feet, there shall be an additional fee as set by the Village Board.
In case of a permit to open a public right-of-way, the applicant shall
deposit with the Village, in addition to the permit fee specified
in Subsection (a) of this section, the sum as set by the Village Board.
The sum shall be deposited in the name of the permit applicant. Neither
the permit fee or any deposit shall be refundable.
(2)
Prior to the paving or repaving of any Village street, the Village
Board may determine that, in the interest of preserving and protecting
such proposed street from unnecessary excavations, property owners
abutting on such street should, upon written notice by the Village
Board, extend such utilities or water lines, etc., as may be then
present in the right-of-way, to the lot line on the street proposed
to be paved or repaved.
(3)
The requirements for permit fees and deposits set forth in Subsections
(h)(1) and (h)(2) of this section shall apply to each such property
owner. Written notice shall give the property owner not less than
30 days to arrange for the necessary extensions. If the property owner
fails make such arrangement, the Village Board may then order the
work done and the cost thereof, including the permit fees and deposits,
shall be payable upon demand by the Village. If the amount is not
paid to the Village, it may be added to the tax rolls and collected
as any other tax.
(i)
Final inspection; maintenance. Upon the completion of backfilling,
the applicant shall request final inspection of the trench. Upon acceptance
of the trench by the Village Board or its authorized agent, the Village
shall thereafter maintain the trench, including the replacement of
the oiled surface on all oiled streets and the bituminous mat on bituminous
surfaced streets.
(j)
Traffic hazards. Prior to the time of acceptance of the backfilled
trench, if any opening made pursuant to this article shall become
a hazard to vehicular traffic or pedestrians due to settlement or
any other cause, the Village Board or its authorized agent may protect
such opening by barricades or make such repairs as may be necessary,
and in either event, charge the costs of furnishing the protection
or making the repairs to the applicant for the opening permit.
(k)
Liability for violations. Any person who shall violate any of the
provisions of this article shall pay all damages and costs which may
arise from such offense.
(l)
Permit required for excavations near sewers. No person shall uncover
or excavate under or around any sewer, for any purpose whatsoever,
without the written permit of the Village Board or its authorized
agent.
[Code 1993, § 8.02]
(a)
No person shall knock down, destroy, injure or remove any barrier, light or other protection in and upon any pavement, street, alley, highway, road, sidewalk, crosswalk, public right-of-way or public place which has been set up in accordance with the provisions of § 70-1(c) or pursuant to other directions of the Village Board or any Village official.
(b)
No person shall walk upon, drive upon or in any way injure, disfigure
or destroy any pavement upon any street, alley, highway, road, sidewalk,
crosswalk, public right-of-way or public place which has not been
opened and is not open at the time for public use or travel.
(c)
No person shall knock down, destroy, injure or remove any manhole,
water hydrant or catch basin, in whole or in part, located in or upon
any street, alley, highway, road, sidewalk, crosswalk, public right-of-way
or public place in the Village.
(d)
No person shall enter upon any property from any street, alley, highway,
road, sidewalk, crosswalk, public right-of-way or public place with
any vehicle, machinery or equipment, or cause any vehicle, machinery
or equipment to be entered thereon from any street, alley, highway,
road, sidewalk, crosswalk, public right-of-way or public place, except
at and over a complete driveway, with a culvert installed therein
where necessary, for drainage, connecting such property with the traveled
portion of such street, alley, highway, road, sidewalk, crosswalk,
public right-of-way or public place.
[Amended 4-25-2016 by Ord. No. 06-2016]
(a)
No person shall build any sidewalk or rebuild an existing sidewalk
in a public street in the Village without a permit for such construction.
Application shall be made to the Director of Engineering or designee
for permission to construction or rebuild such sidewalk. The permit
application shall contain a full statement of the materials to be
used in the construction of the sidewalk, the width thereof, and shall
request that the line and grade for construction of such sidewalk
be furnished by public works.
(b)
Any person may lawfully rebuild his sidewalk to a grade corresponding
with the grade of the adjoining sidewalk unless he shall have been
ordered to rebuild such sidewalk on a different grade. The Director
of Engineering or designee may order any sidewalk which is unsafe,
defective or insufficient to be repaired or removed and replaced.
A copy of the order directing such laying, removal and replacement
or repair shall be served on the owner or agent of each lot or parcel
of land in front of which such work is ordered. Whenever any such
owner shall neglect to do such work for a period of 20 days after
service of the order, the Village may cause such work to be done at
the expense of such owner. All work for such construction shall be
let by contract to the lowest responsible bidder. Any amount unpaid
by the owner shall be charged by the Clerk-Treasurer to each lot or
parcel of land and entered on the tax roll as a special tax against
the lot or parcel of land, and such amount shall be collected in all
respects like other taxes upon real estate.
(c)
All sidewalks constructed within the Village of Mount Pleasant shall
conform to the United States federal guidelines adopted as the "2010
ADA Standards for Accessible Design," including both the Title II
regulations at 28 CFR 35.151 and the 2004 ADAAG at 36 CFR part 1191,
appendices B and D.
(1)
Definitions of words used herein.
a.
CRACK — A fissure within a sidewalk square.
b.
JOINT — A cleavage created for expansion purposes which separates
two or more sidewalk squares.
c.
PITCH — The constructed slope of a sidewalk to the street (normally
1/4 inch per foot).
d.
SIDEWALK(S) — A public sidewalk within the street right-of-way.
e.
SIDEWALK SQUARE — That portion of a sidewalk bordered by joints
and the sidewalk edge.
f.
SPALLING — Chipped or splintered condition of a sidewalk square.
(2)
Notice and special assessments. § 66.0907, Wisconsin Statutes,
incorporated herein by reference, shall govern notices and special
assessments.
(3)
Examples of conditions that could develop into hazards. Sidewalk
Inspectors shall consider the following examples of conditions, which,
if not addressed, could develop into a hazard, in determining whether
to order a sidewalk square replaced or repaired:
a.
There is a difference in height greater than 1/4 inch but less than
1/2 inch; beveling the surface with a maximum grade of 50% is required.
If the height is greater than 1/2 inch; removal and replacement is
required unless a ramp can be installed with a maximum grade of 8.33%.
b.
The transverse slope of the sidewalk is greater than 2%.
c.
There is a crack greater than 1/2 inch in width.
d.
There is a difference in height greater than one-half inch in the
elevation of adjacent sections of a crack.
e.
There is a depression greater than 1/2 inch within a sidewalk square.
f.
There is spalling which has resulted in a surface texture of 1/4
inch or more every 30 inches.
g.
There has been a temporary sidewalk repair.
h.
Curb ramps shall not exceed 8.33%.
(4)
Temporary sidewalk repair. No sidewalk square shall be ordered or
arranged to be repaired by way of crack fillers, wedges, surface treatments
or the like by a Sidewalk Inspector, except as a temporary measure
pending replacement. Sidewalk squares which, upon inspection, are
noted to have been temporarily repaired shall be ordered or arranged
to be replaced. However, where the only defect is a difference in
elevation due to settlement, it shall be permissible to remedy said
condition without replacing the sidewalk square.
(5)
Documentation of inspection. Sidewalk Inspectors, upon finding a
sidewalk in need of replacement or repair, shall document the date
of sidewalk inspection and condition of the sidewalk, and notify the
property owner in writing of the condition of the sidewalk and corrective
action required.
(d)
No person shall place, deposit or cast, or cause to be placed, deposited
or cast, upon any sidewalk in the Village, any timber, wood, lumber,
ashes, rubbish, offal, vegetables, paper shavings, carcasses, earth
or anything or substance whatsoever which may obstruct any such sidewalk
or impede, hinder or endanger travel thereon, tend to injure or disfigure
such sidewalk, or tend to render the sidewalk unclean or a nuisance.
No person shall cause any wagon, carriage, cart, automobile or other
vehicle, or any box, crate, bale, package, merchandise or other thing
to stand or be in or upon any such sidewalk.
(e)
Any constable or other designated official of the Village shall require any person who may have placed, or caused or permitted to be placed, any of the items set forth in Subsection (c) of this section upon any sidewalk in the Village, or any person who may be the owner of such items, to immediately remove the items, or cause the removal thereof, from such sidewalk and, in case such person shall neglect or fail to remove the items within a reasonable time after being so notified, it shall be the duty of such constable or Village official to remove, or cause to be removed, from such sidewalk, at the expense of the person who placed, or caused to be placed, such items upon such sidewalk or who is the owner of the items, or both.
[Code 1993, § 8.04]
No person shall place, or cause to be placed, out for sale any
goods, wares or merchandise on or over a sidewalk in the Village.
[Code 1993, § 8.05]
(a)
No person shall place, or cause to be placed, drive, ride, push or
draw any horse or other beast of burden, or any wagon, cart, carriage,
automobile, bicycle or other vehicle, upon any sidewalk or crosswalk
in the Village so as to obstruct the sidewalk or crosswalk.
(b)
No person shall fasten, or cause to be fastened, any horse or other
animal in such a way that such horse or animal, or any vehicle or
equipment attached to the horse or animal, shall obstruct any sidewalk
or crosswalk in the Village.
[Code 1993, § 8.06; amended 1-9-2012 by Ord. No. 01-2012]
(a)
The occupants or owners of every building, tenement or premises fronting
upon any street within the Village, and the owners of any unoccupied
building or premise fronting on any street in the Village, shall keep
the sidewalks adjoining such premises reasonably free and clear of
snow and ice and, after and during every snow, such persons shall
clear the snow from such sidewalks before 10:00 a.m. of each day.
No snow or ice shall be placed upon any street, alley, highway, road,
sidewalk, and crosswalk. The Village shall attempt to contact property
owners, which violate the intent of the Ordinance, prior to snow remediation
by the Village. Where such property occupant(s) or owner(s) fails
to remove snow such that it may cause a hazard to pedestrians, the
motoring public, or Village snow removal equipment, the Village may
cause such snow (obstruction) to be removed to provide safe passage
by the public on any portion of the public right-of-way and charge
personnel time and equipment expense to the occupant or owner at such
rate as adopted by the Village Board as identified in Sec. 70-6(c)(3)
below.
(b)
The Village shall notify property owners of violations and penalties.
Notifications shall be provided by a minimum of two of the following
methods.
(c)
Fines and fees may be levied against the property as follows:
(1)
Inspection fee of $50 for each inspection.
(3)
Fee to remove snow via contracted or Village personal equivalent
to costs incurred by the Village. Village charge of $90/hr shall be
levied for time spent by Village employee with hand controlled snow
removal equipment, or a charge of $125 per hour for operator and driven
snow removal equipment (i.e. front end loader, truck with mounted
snow plow), and a Portal to Portal Charge of one quarter hour plus
administrative costs.
(d)
This ordinance does not apply to the Village of Mount Pleasant or
other governmental entities.
[Code 1993, § 8.07]
In accordance with Wis. Stats. § 81.01(11), which
requires the assignment of names for each road under the jurisdiction
of the Village, the road names as shown on the plat on file in the
Clerk-Treasurer's office are hereby assigned.
[Code 1993, § 8.08]
No person shall rake or place, or otherwise cause to be raked
or placed, any leaves, branches or other refuse onto any street, highway
or public right-of-way within the Village.
[Code 1993, § 8.10]
Except as otherwise provided, any person found to be in violation of any provision of this chapter, or any rule or regulation promulgated under this chapter, shall be subject to a penalty as provided in § 1-15.
