It shall be unlawful for any person, firm, partnership
or corporation to lay or cause to be laid or repaired in the Village
of Shorewood any sidewalk or driveway located within the public way
without securing a permit issued in the name of the Director of Public
Works.
All sidewalks and driveways located within the
public way shall be constructed according to specifications which
have been established and approved by the Village Board, which specifications
are on file with the Director of Public Works.
[Amended 10-5-1987 by Ord. No. 1511[1]]
It shall be the duty of any person, firm, partnership
or corporation constructing any sidewalk or driveway within the public
way to determine the location of any existing electric cable and to
lay alongside of said cable a conduit furnished by the contractor
prior to construction of said sidewalk or driveway; in the event that
no cable exists, said conduit shall be laid in a location approved
by the Director of Public Works or his designee.
[Amended 3-23-1998 by Ord. No. 1770[1]]
No person, firm, partnership or corporation
shall break or remove a curb upon the public highway for the purpose
of constructing a driveway without first having obtained a permit
and paying a fee as enumerated in the Village Fee Schedule, but no
curb shall be broken or any part thereof removed, or permit granted,
unless such permit shall include the construction of said driveway,
plans for which have been submitted to the Planning and Development
Department and approved by the Building Inspector or his designee.
All surplus material and refuse shall be removed
from any public way by the contractor within 24 hours after the completion
of the work, failing in which the Director of Public Works will cause
the same to be removed at the cost and expense of the contractor.
[Amended 10-5-1987 by Ord. No. 1511]
It shall be the duty of the contractor, immediately
upon the setting of forms for the building of sidewalks or driveways
upon the public highway, to notify the Building Inspector or his representative.
If, after completion, any work is found to be defective by the Building
Inspector or his representative, it shall be removed by the contractor
within 24 hours after receiving notice from the Building Inspector.
A.
Privileges for an obstruction or excavation on, or
projections over, public thoroughfares, other than those regulated
by this chapter or by other ordinances, may be granted by the Village
Board pursuant to § 66.0425, Wis. Stats.
B.
Any person, firm, partnership or corporation desiring
such special privilege shall file with the Village Clerk a petition
in writing on a form furnished for such purpose by the Planning and
Development Department and shall pay to the Treasurer of the Village
of Shorewood a fee in an amount as set forth in the Village Fee Schedule
for the purpose of defraying the cost of printing and other expenses
which the Village may incur in the consideration of such petition
for a special privilege, as provided herein.[1]
C.
A special privilege shall be granted only on condition
that, by acceptance of such special privilege, the grantee shall:
(1)
Become primarily liable for damages to persons or
property by reason of the granting of such special privilege and indemnify
and hold harmless or coinsure the Village of Shorewood from any and
all liability.
(2)
File with the Village Clerk a license, permit or maintenance
bond of a surety company duly incorporated in the State of Wisconsin,
or duly licensed to do business in this state, in such sum as the
Village Board may require, but not exceeding the sum of $10,000, said
bond running to the Village of Shorewood and to such third parties
as may be injured or damaged. The term of said bond shall be for a
minimum of one year and shall be in full force and effect during the
life of the special privilege granted hereunder. Said bond shall be
approved by the Village Attorney. Individual sureties shall not be
deemed in compliance with this section. The applicant shall also file
with the Village Clerk a certificate of insurance indicating that
the applicant holds a public liability policy in the sum of at least
$100,000 covering bodily injury to any one person and $300,000 covering
bodily injury to more than one person in any one accident and $25,000
covering the property damage to any one owner on the areas included
within the special privilege and naming the Village of Shorewood as
an insured. The term of the insurance policy shall be for a minimum
of one year, and said insurance shall remain in full force and effect
during the life of the special privilege granted hereunder. The policy
of insurance shall be approved by the Village Attorney. Both the bond
and the insurance policy shall provide that they shall not be canceled
until after at least 30 days' notice in writing has been given to
the Village Clerk of the Village of Shorewood. The bond provisions
hereunder may be waived by the Village Board if the applicant is the
owner of the property requiring said privilege.
(3)
Remove said obstruction, encroachment or projection
under such special privilege whenever public necessity so requires
or when so ordered by the Village Board, and such grantee shall not
be entitled to damages for such removal.
(4)
Waive the right to contest in any manner the validity
of § 66.0425, Wis. Stats.
D.
Permits granted hereunder, heretofore and hereafter,
shall remain in effect so long as the provisions of this section are
complied with or until such time as the Village Board orders the revocation
of said permit.
E.
The Village Board shall refer to the Director of Public
Works, Planning and Zoning Administrator, Building Inspector and the
Chief of Police or their designees all petitions for special privileges
for their consideration and recommendation.[2]
F.
In case privileges, projections or encroachments permitted
as provided herein become out of repair, unsafe or unsightly, in the
opinion of the Building Inspector, the Building Inspector shall notify
the owner or person in charge of the abutting property to maintain,
repair or make such things safe. If such notice is not complied with
within five days from the receipt thereof, the Building Inspector
shall thereupon notify the Director of Public Works, who shall maintain,
repair or remove such privileges, projections or encroachments, either
by contract or by Village forces, and shall certify the costs thereof
in the proper manner to have them levied as special charges against
such property, and the proper officers of the Village are authorized
and directed to enter such charges onto the tax rolls.
Boilers, engines, machinery using gas or explosive
mixtures or tanks or containers containing volatile inflammable liquid
shall not be located in or under the public highway.
A.
Purpose.
(1)
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 rights-of-way to:
(a)
Reduce the exposure of the Village to personal
injury or property damage claims and litigation.
(b)
Provide for pedestrian and driving safety and
convenience.
(c)
Provide reasonable access for the use and maintenance
of sidewalks, poles, posts, traffic signs and signals, benches, and
hydrants and access to locations used by pedestrians and for public
transportation purposes.
(d)
Restrict unreasonable interference with the
flow of pedestrian and vehicular traffic, including ingress to or
egress from businesses and residences, and from the street to the
sidewalk by persons accessing parked or standing vehicles.
(e)
Protect and improve the aesthetics and value
of certain properties within the Village.
(2)
Preservation of rights. It is not the intent of this
section to in any way discriminate against, regulate or interfere
with the publication, circulation, distribution or dissemination of
any printed material that is constitutionally protected. It is further
the intent of this section to treat all such publications fairly regardless
of their size, content, circulation or frequency of publication and
to maintain and preserve the freedom of the press.
B.
BLOCK
NEWSBOX
PARKWAY
PUBLIC RIGHT-OF-WAY
SIDEWALK
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Both sides of any street in a public right-of-way which exists
between two consecutive intersecting streets and is intended to include,
but not be limited to, the roadways, streets, parkways, alleys and
sidewalks within that right-of-way.
Any type of self-service or coin-operated box, container,
storage unit, or other dispenser installed, used or maintained for
the purpose and display 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.
[Amended 2-9-1998 by Ord. No. 1766]
The area between the sidewalk and the curb of any street.
All of the area dedicated to that public use existing between
property lines adjacent thereto and is intended to include, but not
be limited to, roadways, streets, parkways, alleys, and sidewalks.
The paved surface of the right-of-way between the roadway
and adjacent property lines provided for the use of pedestrians.
C.
Prohibitions.
(1)
Location. 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 10 feet of any fire hydrant.
(d)
Within 100 feet of any other newsbox containing
the same newspaper, news periodical or written materials except where
separated by a street corner.
(e)
Within five feet of any driveway.
(f)
Within five feet ahead of and 15 feet to the
rear of any sign marking a designated bus stop measured along the
curb of the street.
(g)
On or within five feet of any access ramp for
disabled persons.
(h)
At any location where the clear space for the
passageway of pedestrians would be reduced to less than seven feet
by its placement.
(i)
Where it projects onto, into or rests wholly
or in part upon the roadway of any public street.
[Amended 2-9-1998 by Ord. No. 1766]
(j)
Within three feet of or on any public area improved
with flowers, shrubs, trees or other landscaping.
(k)
Within three feet of any display window of any
building abutting the sidewalk or parkway or in such a manner as to
impede or interfere with the reasonable use of such window for display
purposes.
(2)
Attachment. No newsbox may be attached by chain, bolt,
cable, or by any other means of attachment to any light posts, traffic
signs or signals, poles, posts, benches, trees, bike racks or hydrants
in the public right-of-way or attached to any paved surface in the
public right-of-way.
D.
Placement.
(1)
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, and a space of not less than six feet shall
separate each group of newsboxes.
(2)
No more than eight 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 16 newsboxes shall be allowed on any one block. In determining
which newsboxes shall be permitted to be located or to remain if already
in place, the Director of Public Works shall be guided solely by the
following criteria:[1]
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 or be liable for the costs of removal pursuant to Chapter 305 of the Village Code.
[Amended 2-9-1998 by Ord. No. 1766]
(2)
Maintenance and repair. Each newsbox shall be adequately
maintained in a neat and clean condition and in good repair at all
times. Specifically, adequate maintenance and good repair as intended
within this section shall 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
and cracked paint on the outside visible areas of the box.
(c)
To be reasonably free of rust and corrosion
on the outside visible areas of the box.
(d)
Such that clear plastic or glass parts, if any,
are reasonably free of cracks, dents and discoloration.
(3)
Size. No newsrack shall exceed 50 inches in height
and 30 inches in width or thickness.
(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 that the person is unable
to receive the materials paid for, and this coin-return mechanism
shall be maintained in good working order.
(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.
F.
Violations.
[Amended 2-9-1998 by Ord. No. 1766[2]]
(1)
Notice of violation. Upon determination by the Director
of Public Works or the Director's designee that a newsbox has been
installed, used, or maintained in violation of the provisions of this
section, an order to correct the offending condition shall be issued
by posting a copy upon the newsbox itself and 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 on the right to appeal. Within 15 days of the issuance
of the order, the owner of the newsbox shall either:
(2)
Removal. If after 15 days the owner of the newsbox
has not taken any action as prescribed within this section, the offending
newsbox may be removed from the public right-of-way. Notice shall
be sent to the owner or owner's representative advising that the newsbox
has been removed and that a fee for this removal shall be assessed
as provided herein.
(3)
Emergency removal. The fifteen-day notice of violation provision which would be required prior to removal as set forth in Subsection F(1) and (2) is not applicable when, in the discretion of the Director of Public Works, immediate removal of a newsbox is required when, because of its condition or its placement, the newsbox presents a serious and immediate threat to public health and safety.
(4)
Fees. A removal fee shall be assessed against the
owner of each newsbox removed by the Village under this section. The
Director of Public Works or the Director's designee 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 for each
newsbox so inspected. Fees as described herein are as enumerated within
the Village Fee Schedule.
