City of Onalaska, WI Maintenance of Public Right of Ways

To protect the City's stormwater system, pedestrian safety, and vehicular traffic in public rights-of-way, dirt, mud, rocks, leaves, grass clippings, and/or rubbish/refuse of any kind may not be dropped, deposited, or directed towards the public right-of-way. Dirt, mud, rocks, leaves, grass clippings, and/or other rubbish/refuse unintentionally directed towards the public right-of-way shall be removed and properly disposed of.

Removal of debris and dirt from sidewalks, streets and public grounds.

No abutting property owner shall, upon any sidewalk, street, alley or public ground, so maintain their land or any building situated thereon so that, by erosion, by travel or by act of the responsible person, parts of the soil or other substance shall be deposited upon the abutting sidewalk, street, alley or any public ground, and if such deposit by erosion or otherwise shall take place, the sidewalk, street, alley or public ground shall be cleaned and made passable by such abutting owner within 24 hours after receiving notice thereof.

No abutting property owner shall maintain their adjacent land within three feet of any sidewalk, street, alley or public ground so that by erosion, debris, or other substances creates a public nuisance or that the maintenance of the adjoining lands shall be such that over time said conditions will cause destruction and disrepair of the sidewalk, street, alley or public grounds. That within the 24 hours after receiving notice thereof, said property owner shall remedy any public nuisance or conditions which may cause destruction and disrepair of sidewalks, streets, alleys or public grounds.

Removal from sidewalks. The owner, occupant or person in charge of any parcel or lot which fronts upon or abuts any sidewalk shall keep said sidewalk clear of all snow and ice. In the event of snow accumulating on said sidewalk due to natural means and/or by any other means, said sidewalks shall be cleared of all accumulated snow and/or ice within 24 hours of the time the snow ceases to accumulate on said sidewalk. Sidewalks are to be kept clear of snow and ice to the width of the sidewalk. In the event that ice has formed on any sidewalk in such a manner than it cannot be removed, the owner, occupant or person in charge of the parcel or lot which fronts upon or adjoins said sidewalk shall keep the sidewalk sprinkled with material to accelerate melting or prevent slipping. In case snow shall continue to fall for some time, then it shall be removed immediately after it shall cease to fall. If snow should begin to fall again within the initial 24 hours, the twenty-four-hour time shall be reset to when the snow ceases to fall the following time. The owner, agent, occupant or person in charge of a corner lot shall also clear, sand or salt, as set forth herein, to the curb that portion of the sidewalk commonly referred to as the "corner crosswalk." A corner lot is defined as a lot abutting upon two or more streets.

Public Works Department to remove.

In any case where any sidewalk in front of or adjoining any lot or parcel of land shall remain covered in any part with snow or ice after 24 hours when it cased to fall, the Public Works Department, may grant a courtesy notice to the owner, agent or occupant to remove said snow. It shall be the duty of the Public Works Department to thereafter cause such snow or ice to be so removed from the full width of such sidewalk. The costs incurred by the City for the removal of snow and/or ice shall be fully accounted and charged to the parcel of land adjoining said sidewalk. If the costs and expenses remain unpaid, the City Treasurer shall enter those charges onto the tax roll as a special charge and shall be collected as other taxes upon real estate are collected.

The charge for said service shall be linear foot of frontage cleared with costs outlined in the City Fee Schedule, including an administrative fee.

Snow and ice not to encroach. No person shall push, shove, plow, throw or in any way deposit any snow or ice onto any public streets, alley, sidewalk, or public lands dedicated to public use except for parcels or lots where existing buildings are constructed within five feet of the street right-of-way and the sidewalks exists from the City right-of-way to the curbline. In such instances, the owners, occupants and/or employees of parcels or lots shall be permitted to deposit snow and ice from their sidewalks only onto the public streets. Snow from public sidewalks shall not be stored in any manner which will obstruct or limit vehicular or pedestrian vision, movement or access. The deposit of any snow or ice upon any sidewalk, alley or public street of the City, contrary to the provisions of this section, is a nuisance; and the City may summarily remove any snow or ice so deposited and cause the cost of said removal to be charged to the owner of the property from which said snow or ice had been removed.

Enforcement. The Public Works Department officers are hereby authorized and directed to enforce the provisions of this section.

Continued violations. Each twenty-four-hour period where a violation occurs shall constitute a separate offense under this section for enforcement purposes. Repeated violations or subsequent additional accumulations of snow and/or ice shall not nullify any pending notice issued under this section.

Penalty. In addition to the provisions set forth in this section, any person, firm or corporation which violates the provisions of this section shall be subject to a penalty as provided in Title 1 and per §§ 66.60(16)[1] and 66.615(3)(f) and (5),[2] Wis. Stats.

[1]

Editor's Note: Section 66.60(16), Wis. Stats., was repealed 1-1-2001 by 1999 Act 150, §§ 525 to 535.

[2]

Editor's Note: See now § 66.0907(3)(f) and (5), Wis. Stats.