[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; 12-9-2024 by Ord. No. 27-2024]
(a) 
No person shall build any sidewalk or multi-use path or rebuild an existing sidewalk or multi-use path in a public street in the Village without a permit for such construction. Application shall be made to the Director of Public Works or designee for permission to construct or rebuild such sidewalk or multi-use path. The permit application shall contain a full statement of the materials to be used in the construction of the sidewalk or multi-use path, the width thereof, and shall request that the line and grade for construction of such sidewalk or multi-use path be furnished by public works.
(b) 
Any person may lawfully rebuild his sidewalk or multi-use path to a grade corresponding with the grade of the adjoining sidewalk or multi-use path unless he shall have been ordered to rebuild such sidewalk or multi-use path on a different grade. The Director of Public Works or designee may order any sidewalk or multi-use path which is unsafe, defective or insufficient to be repaired, maintained or removed and replaced. A copy of the order directing such laying, removal, replacement, repair and/or general maintenance 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 and multi-use paths 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 or path surface.
b. 
JOINT
A cleavage created for expansion purposes which separates two or more sidewalk squares.
c. 
MULTI-USE PATH
A paved public pathway within the street-right-of-way or public easement.
d. 
PITCH
The constructed cross-slope of a sidewalk or multi-use path to the street (normally 1/4 inch per foot).
e. 
SIDEWALK(S)
A public sidewalk within the street right-of-way or public easement.
f. 
SIDEWALK INSPECTORS
Village staff or representatives designated by the Director of Public Works to perform qualified inspections on sidewalks and multi-use paths.
g. 
SIDEWALK SQUARE
That portion of a sidewalk bordered by joints and the sidewalk edge.
h. 
SPALLING
Chipped or splintered condition of a sidewalk square.
(2) 
Notice and special assessments. Wis. Stats. § 66.0907, 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 or section of multi-use path replaced, repaired or maintained:
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 1/2 inch in the elevation of adjacent sections of a crack.
e. 
There is a depression greater than 1/2 inch within a sidewalk square or path section.
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%.
i. 
Transverse, longitudinal, or alligator cracking deemed a potential hazard to pedestrian or bicycle traffic.
j. 
Encroachment of adjacent vegetation or other materials onto or over the sidewalk or path surface, effectively narrowing the intended width of the travelled way.
(4) 
Temporary sidewalk or multi-use path repair. No sidewalk square or section of multi-use path shall be ordered or arranged to be repaired by way of crack fillers, wedges, surface treatments, temporary asphalt surface (i.e., "cold patch") 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. Repairs to sections of multi-use path shall be made by use of full-depth saw cuts made perpendicular and parallel to the longitudinal alignment of the path prior to removal of said section. Asphalt or concrete mixes used to make repairs to removed sections of sidewalk or multi-use path shall be approved by the Director of Public Works or his designee.
(5) 
Documentation of inspection. Sidewalk Inspectors, upon finding a sidewalk in need of replacement or repair, shall document the date of sidewalk or multi-use path inspection and condition of the sidewalk or multi-use path, and notify the property owner in writing of the condition of the sidewalk or multi-use path and corrective action required.
(d) 
No person shall place, deposit or cast, or cause to be placed, deposited or cast, upon any sidewalk or multi-use path 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 multi-use path or impede, hinder or endanger travel thereon, tend to injure or disfigure such sidewalk or multi-use path, or tend to render the sidewalk or multi-use path 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 or multi-use path.
(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 or multi-use path 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 or multi-use path 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 or multi-use path, at the expense of the person who placed, or caused to be placed, such items upon such sidewalk or multi-use path or who is the owner of the items, or both.
[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; 12-9-2024 by Ord. No. 27-2024]
(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 and/or multi-use paths 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 and/or multi-use paths 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 this Section, 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 Subsection (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.
(1) 
Identifying snow removal ordinance in the Village newsletter.
(2) 
Placement of a one-time notice in the official newspaper for public notices.
(3) 
Personal letter mailed by the U.S. Postal Service mailed to the property owner.
(c) 
Fines and fees may be levied against the property as follows:
(1) 
Inspection fee of $50 for each inspection.
(2) 
Fine of $50 to $500.
a. 
First time offense $50.
b. 
Second time offense $100.
c. 
Third time offense $250.
d. 
Further offenses $500 each occurrence.
(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 Section 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.
[Added 12-9-2024 by Ord. No. 25-2024]
(a) 
Purpose. Village roadways are primarily for the use of the public in the ordinary way. However, under proper circumstances, the Village Clerk, following review and approval by the Chief of Police and Public Works Director, may grant a permit for street use, subject to reasonable municipal regulation and control. Therefore, this Section is enacted to regulate and control the use of streets pursuant to a street use permit to the end that the health, safety and general welfare of the public and the good order of the Village can be protected and maintained.
(b) 
Application. A written application for a street use permit by persons or groups desiring the same shall be made on a form provided by the Village Clerk and shall be filed with the Village Clerk. The completed application must be received by the Village Clerk at least 30 days before the proposed street use. The Chief of Police or Public Works Director have the authority to order immediate street closure if public safety or public/private property is threatened.
(c) 
Review by Public Works and Police Departments. The application shall be reviewed by the Director of Public Works and Chief of Police, or their designees, for recommendation as to the affect that the temporary closing of the street will have on the public safety and traffic movement in the area during the time the street may be closed.
(d) 
Standards for approval or mandatory denial of street use permit. Review of an application for a street use permit shall consider the following factors:
(1) 
Compliance with laws. The proposed street use shall be denied if it would violate any Federal or State law or any Village ordinance.
(2) 
Traffic volume, route and circulation. The proposed street use will not substantially hinder the movement of police, fire or emergency vehicles, constituting a risk to persons or property.
(3) 
Completeness of application. The Director of Public Works and Chief of Police in reviewing the application may request additional information necessary for consideration.
(4) 
In the event the application is denied by either the Director of Public Works or the Chief of Police that shall constitute a denial and the applicant shall promptly receive written notification of such denial detailing the reason or reasons for the denial.
(e) 
Permit fee. Each application for a street use permit shall be accompanied by a $25 fee, which may be modified from time to time by the Village Board and set forth in the official village fee schedule on file in the Village Clerk's office. In addition to the permit fee, the applicant shall be responsible for additional costs the Village may incur (including hourly equipment and personnel costs as listed in the schedule of fees and application review) in providing service or assistance with the proposed street use permit use.
(f) 
Appeal of denied permit. An applicant may modify the application to seek approval or request an appeal of a denied permit within five business days after the written denial was received. The appeal shall be considered by the Zoning Board of Appeals and will not to be governed by Wis. Stats. Ch. 68.