[Code 1967, § 5.01; Code 1997, § 86-1]
(a) 
Cleaning streets abutting owner's duty. It shall be the duty of the owner and occupant of any dwelling, store, building or structure of any kind to clean to the edge of the pavement 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.
(b) 
Cleaning by village. The superintendent of public works shall make personal inspection of all streets, highways, pedestrian walks and other public ways in the village to see that the provisions of this section are observed and obeyed; and in case of the failure of any owner or occupant to comply with the provisions of this section, the superintendent of public works 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 the 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.
(c) 
Exceptions.
(1) 
The provisions of this section shall not apply in respect to sand or ashes placed on any street, highway, pedestrian walk or other public way 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) 
The provisions of 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 from time to time.
(d) 
Excavation dirt and fill. 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 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. of the day following the completion of the filling of the excavation.
(e) 
Contractor's responsibility. Any person performing any work or labor in the village shall be responsible for any violation of this section by him or by any agent or employee of his. A subcontractor, and the agents and employees of a subcontractor, for the purposes of this section, shall be considered agents or employees of the principal contractor.
[Code 1997, § 86-3; Ord. No. 97-401, 8-7-1997; Ord. No. 07-565, 7-12-2007]
(a) 
Disturbing drainage ditches and shoulders of municipally-owned roadways. No person shall make any fill, excavation or alteration in any street or highway ditch or shoulder of municipally-owned roadways in such a manner as to disturb or obstruct drainage in such street or highway ditch or shoulder of municipally-owned roadway, or shall in any other manner disturb or obstruct such drainage. In any case where such fill, excavation, alteration or obstruction shall disturb such drainage, the person making such fill, excavation, alteration or obstruction shall restore such street or highway ditch or shoulder of municipally-owned roadway to its original condition within 72 hours following notice from the village board, the village manager, or authorized agent or employee of the village. If such person shall fail or refuse to restore the street or highway ditch or shoulder of municipally-owned roadway to its original condition, the village shall conduct the restoration and shall charge the cost thereof to the person causing such disturbance or obstruction.
(b) 
Culvert, installation, modification or replacement. Prior to the issuance of a building permit or any modification or replacement of an existing culvert the applicant shall obtain approval of the department of public works to ensure proper installation of such culvert. The department of public works will inspect the site prior to commencement of work and also after the installation, modification or replacement of the culvert to ensure the culvert has been properly installed and the street or highway ditch has been properly restored.
(c) 
Culvert fee. A fee in such amount as shall be established by the village board from time to time by ordinance or resolution shall be paid prior to obtaining approval of the department of public works for the installation, modification or replacement of a culvert to defray costs in providing proper grades to and the inspections by the department of public works.
[Code 1997, § 86-4; Ord. No. 318, 10-4-1990]
It shall be unlawful for any person to stand, sit, loaf or loiter or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the village in such a manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic or to prevent or hinder free ingress or egress to or from any residence, place of business or amusement, church, hall or meeting place.
[Code 1997, § 86-5; Ord. No. 00-462, 9-7-2000]
The village right-of-way ordinance is hereby incorporated by reference pursuant to the provisions of Wis. Stats. § 66.0103. Such ordinance has been on file in the office of the village clerk and open to public inspection since September 7, 2000, and shall be kept permanently on file and open to public inspection in the office of the village clerk.
[Code 1997, § 86-6; Ord. No. 05-540, 9-1-2005]
(a) 
Purpose.
(1) 
Statement of purpose. The purpose of this section is to promote the public health, safety and welfare through the regulation of placement, appearance and servicing of newsboxes on public right-of-way:
a. 
To reduce the exposure of the village to personal injury or property damage claims and litigation;
b. 
To provide for pedestrian and driving safety and convenience;
c. 
To provide reasonable access for the use and maintenance of sidewalks, poles, posts, traffic signs and signals, benches, hydrants, and access to locations used by pedestrians and for public transportation purposes;
d. 
To restrict unreasonable interference with the flow of pedestrian and vehicular traffic, including ingress to or egress from businesses, residences, and from the street to the sidewalk by persons accessing parked or standing vehicles;
e. 
To protect and improve the aesthetics and value of properties within the village.
(2) 
Preservation of rights. It is not the intent of this section to discriminate against, regulate or interfere with the publication, circulation, distribution or dissemination of printed material that is constitutionally protected. It is further the intent of this section to treat all publications fairly regardless of their size, content, circulation or frequency of publication and to maintain and preserve the freedom of the press.
(b) 
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
BLOCK
Means both sides of any street in a public right-of-way which exists between two consecutive intersecting streets (or in the case of a cul-de-sac, between the end of the street and the first intersecting street) and is intended to include, but not be limited to, the roadways, streets, alleys and sidewalks within that right-of-way.
NEWSBOX
Means any type of self-service or coin-operated box, container, storage unit, or other dispenser installed, used or maintained for the sale, display, or dissemination of newspapers, news periodicals or written materials, including circulars, pamphlets, papers, booklets and any other printed or otherwise reproduced written material which advertises for sale any merchandise, product, commodity or thing, or which attracts attention to any business, commercial establishment or other activity for the purpose of directly promoting the interest thereof by sales, private gain or profit.
(c) 
Prohibitions.
(1) 
Prohibitions. No newsboxes shall be placed, installed, used or maintained in a public right-of-way:
a. 
Within 15 feet of any marked crosswalk;
b. 
Within 15 feet of the curb return of any unmarked crosswalk;
c. 
Within ten feet of any fire hydrant;
d. 
Within 100 feet of any other newsbox containing the same newspaper, news periodical or written material, except where separated by a street corner;
e. 
Within five feet of any driveway;
f. 
Within five feet past and 15 feet before any sign marking a designated bus stop measured along the edge of the street;
g. 
On or within five feet of any access ramp for disabled persons;
h. 
On any sidewalk area or any area that is established for pedestrian movement;
i. 
Where it projects onto, into or rests wholly or in part, upon the roadway of any public street;
j. 
Within three feet of or on any public area improved with flowers, shrubs, trees or other landscaping or on any grass;
k. 
Within three feet of any display window of any building abutting the sidewalk, or in such a manner as to impede or interfere with the reasonable use of such window for display purposes;
l. 
Within the "A," "B" and "C" residence and the "G" nature center district.
(2) 
Newsboxes grandfathered. Newsboxes placed in the village as of the effective date of the ordinance from which this section is derived, may be maintained in the same location until they are moved or replaced at which time they shall comply with the requirements of this section.
(3) 
No attachments. No newsbox may be attached by any means of attachment to any light posts, traffic signs or signals, poles, posts, control boxes, bench, trees, bike racks or hydrants in the public right-of-way, nor attached to any paved surface in the public right-of-way.
(d) 
Placement.
(1) 
Placement distances. Newsboxes may be placed next to each other, provided that no group of newsboxes shall extend for a distance of more than eight feet along a curb or a street edge.
(2) 
Number. No more than five newsboxes shall be located on any public right-of-way within a space of 200 feet in any direction within the same block of the same street; provided, however, that no more than ten newsboxes shall be allowed on any one block. No individual newsbox owner or publication may locate more than two boxes in the public right-of-way on any block. In determining which newsboxes shall be permitted to be located or to remain if already in place, the village manager shall be guided solely by the following criteria:
a. 
First priority shall be daily publications (published five or more days per week).
b. 
Second priority shall be publications published one day per week.
c. 
Third priority shall be publications published less frequently than weekly.
(3) 
Parked vehicles. Newsboxes shall not interfere with parked vehicles, including the opening of vehicle doors.
(e) 
Standards for maintenance.
(1) 
Graffiti abatement. The owner of any newsbox shall not continue to use any newsbox that has been defaced with graffiti; further, the owner shall be responsible to remove graffiti within 24 hours of notification by the village.
(2) 
Maintenance and repair. Each newsbox shall be adequately maintained in a neat and clean condition and in good repair at all times. As used in this section, the terms "adequate maintenance" and "good repair" mean that each newsbox is serviced and maintained:
a. 
To be reasonably free of dirt and grease;
b. 
To be reasonably free of chipped, faded, peeling or cracked paint on the areas visible on the outside of the box;
c. 
To be reasonably free of rust and corrosion on the areas visible on the outside of the box;
d. 
Such that clear plastic or glass parts, if any, are reasonably free of cracks, dents and discoloration.
(3) 
Size. No newsbox shall exceed 50 inches in height and 30 inches in width or depth.
(4) 
Coin boxes. Newsboxes equipped with a coin box shall also have a coin-return mechanism to permit a person using the box to secure an immediate refund in the event the person is unable to receive the materials paid for. The coin-return shall be maintained in good working order at all times.
(5) 
Person to be notified. Each newsbox shall have affixed to it, in a readily visible place so as to be seen by anyone using the newsbox, a notice setting forth the name and address of the newsbox-owner or owner's representative, and a telephone number of a working telephone service to call and report malfunctions and other violations of this section.
(6) 
Color. The community development authority of the village may by resolution designate an acceptable color or colors for newsboxes in the village. Newsboxes in the village must comply with any such designation of acceptable colors.
(f) 
Violations.
(1) 
Notice of violation. Upon determination by the village manager that a newsbox has been installed, used, or maintained in violation of the provisions of this section, an order to correct the violation shall be issued by posting a copy of the order upon the newsbox itself, and by mailing a copy of the order by certified mail to the owner or owner's representative. The order shall specifically describe the offending condition and provide information regarding the right of appeal. Within 15 days of the issuance of the order, the owner of the newsbox shall either:
a. 
Correct the violation; or
b. 
Remove the newsbox from the public right-of-way.
(2) 
Removal. If after 15 days the owner of the newsbox has not taken action as prescribed within this section, the offending newsbox may be removed from the public right-of-way by the village. Notice shall be sent to the owner or owner's representative advising that the newsbox has been removed and that a fee for removal shall be assessed as provided herein.
(3) 
Emergency removal. The 15-day notice of violation provision which would be required prior to removal may be waived when, in the discretion of the village manager, immediate removal of a newsbox is required because of its condition or its placement, and the newsbox presents a serious and immediate threat to public health and safety.
(4) 
Fees. The cost of removal shall be assessed against the owner of each newsbox removed by the village under this section. The village manager shall cause inspection to be made after a condition cited under this section has been corrected. The owner of the newsbox shall be charged an inspection fee of $25.00 for each newsbox so inspected.
(g) 
Appeals. Any person or entity aggrieved by a finding, determination, notice, order or action taken under the provisions of this section may appeal to the board of appeals within 30 days of being served by certified mail with such finding, determination, notice, order or notice of action taken.
[1]
Editor’s Note: Former § 41-6, which pertained to seasonal road weight restrictions and derived from Code 1997, § 86-7, as amended by Ord. No. 10-04, was repealed by Ord. No. 19-694.