[HISTORY: Adopted by the Common Council of
the City of Jefferson 8-6-2002 by Ord. No. 7-02 as §§ 8.02
to 8.06, 8.09, 8.10, 8.11 and 12.15 of the 2002 Code. Amendments noted
where applicable.]
A.
Permit required. No person shall dig or cause to be dug any ditch or other excavation in the platted way of any public street or public alley in the City without having obtained a permit from the City Administrator or his designee. Application for the permit shall be in writing on forms provided by the City and signed by the person contemplating the work or by the authorized agent of such person and filed with the City not less than 48 hours prior to the commencement of the excavation. Upon receipt of such application, the City shall investigate and determine whether a permit shall be issued and may prescribe terms and conditions for the issuance of the permit, which terms may include, at the discretion of the City Administrator, submission of a certificate of liability insurance covering the applicant and the City during all phases of the opening and closing of the ditch or excavation and/or provision for a surety bond to insure the replacement and restoration of the street or alley opened as provided in Subsection C. Such conditions as prescribed by the City shall be set forth in writing on the permit. The City shall keep shall keep a record of all permits issued hereunder, which record shall indicate the date the permit was granted, the location of the ditch and any special terms or conditions prescribed. Failure to obtain a permit prior to commencement of the excavation, except as provided for in Subsection B, will result in a forfeiture as provided in § 240-9 of this chapter.[1]
B.
Emergency excavations. Prior application and the issuance
of a permit shall not be required under this section for excavations
made necessary by an emergency, but a report of such emergency shall
be made in writing to the City Administrator by 10:00 a.m. of the
following business day. For purposes of this section, the term "emergency"
is defined as a condition creating imminent hazard to life or property.
C.
General conditions. All work shall be performed in
a manner to ensure public safety and protect the physical integrity
of the existing improvements to the greatest degree possible. The
permittee shall not commence work until all utilities have been notified.
Proper flagging, barricading and fencing of the excavation is required
and is the responsibility of the permittee. All street openings shall
be cut at the commencement of the excavation to minimize damage to
the existing pavement and saw cut to provide for clean, straight edges
upon completion. Trench widths shall be held to a minimum to reduce
settlement damage. Sidewalks and curbs must be protected from settlement
and heavy equipment damage. All curb and sidewalk replacement must
meet current City specifications, including handicap access. All excavations
shall be backfilled with granular material compacted to a ninety-five-percent
compaction level unless specifically exempted by the City Director
of Public Works/Engineer. Restoration of the street surface is the
responsibility of the permittee. Arrangements for such restoration
are to be made with the Director of Public Works/Engineer prior to
or immediately upon completion of the excavation. The permittee shall
make good settlements resulting from such excavation for a period
of one year and shall be liable for all damages resulting from failure
to do so. All costs incurred by the City due to noncompliance of such
general conditions shall be the responsibility of and shall be charged
to the permittee.
Section 66.0907, Wis. Stats., is adopted by
reference and made a part of this section.
A.
When required.
(1)
Sidewalks shall be required on all streets with the
following exceptions:
(a)
Sidewalk will not be required when the nature
of the terrain creates insurmountable engineering problems.
(b)
Sidewalk will not be required when there is
insufficient right-of-way.
(c)
Sidewalk will not be required if the installation
would generate a safety hazard by encouraging pedestrian traffic in
dangerous areas.
(d)
Sidewalk shall not be required along industrial
zoned properties excepting in those instances where said properties
are situated between areas generating pedestrian traffic.
(e)
Sidewalks will not be required along vacant
land which extends to the City limits which is not situated between
areas generating pedestrian traffic.
(f)
Sidewalk shall not be required on any street
which is not curb and gutter.
B.
Construction and repair program. The Director of Public
Works/Engineer shall establish a program of sidewalk construction
and repair and shall periodically, but not less than annually, review
and update the program. The Director of Public Works/Engineer or his
designee shall inspect sidewalks and may order any sidewalk which
is unsafe, defective or insufficient to be repaired or removed and
replaced with a sidewalk in accordance with the standard sidewalk
specifications established herewith. A copy of such specifications
shall be placed on file in the office of the Director of Public Works/Engineer.
C.
Notice. A written order directing the laying, removal,
replacement, or repair of any sidewalk shall be served upon the owner
of each lot or parcel of land in front of which such work shall have
been ordered by the Director of Public Works/Engineer as prescribed
in § 66.0907(3)(c), Wis. Stats.
D.
Work by owner. Any such owner may, within 30 days
of receipt of such order, notify the Director of Public Works/Engineer,
in writing, of his intent to perform such work and complete the same
within 60 days of receipt of such order. Whenever any owner shall
fail to notify of his intent to perform such work the City may cause
such work to be done at the expense of such owner.
A.
Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds, or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in Subsection B.
B.
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1)
Signs or clocks attached to buildings which project
no more than six feet from the face of such building and which do
not extend below any point 10 feet above the sidewalk, street, or
alley.
(2)
Awnings which do not extend below any point seven
feet above the sidewalk, street or alley.
(3)
Public utility encroachments duly authorized by state
law or the Council.
(4)
Goods, wares, merchandise or fixtures being loaded
or unloaded which do not extend more than three feet on a sidewalk,
provided that such goods, wares, etc., do not remain thereon for more
than three hours.
(5)
Obstructions and encroachments not to exceed 10 minutes.
C.
Mailbox installation regulated. Mailboxes installed
on public rights-of-way shall conform to the following standards:
(1)
Support. The support shall be a wood post, steel pipe,
or steel channel installed no more than 24 inches in the ground and
extending to a vertical height such that the bottom of the mailbox
is a minimum of 42 inches but not to exceed a maximum of 48 inches
above the ground surface.
(2)
Attachment. The box-to-post attachment shall be sufficient
to prevent the separation of the box from the support post when struck.
(3)
Setbacks and location. On curbed residential streets
the face of the mailbox shall be a minimum of six inches behind the
face of the curb and a maximum of 12 inches. On residential streets
without curb or paved shoulder the face of the mailbox shall be a
minimum of eight inches behind the edge of the shoulder and a maximum
of 12 inches. If a paved turnout is provided, this setback may be
reduced to zero. The face of the mailbox must not extend over the
edge of the traveled way of a paved shoulder.
No person shall place or move any vehicle, machine
or load of great weight across any cement gutter or sidewalk without
placing boards or planks under the wheels to prevent injury to the
gutter or sidewalk.
No person shall operate any motor vehicle over
any street in the City which is equipped with mud lugs or similar
projections likely to cause damage to the streets.
A.
The names of all streets within the City as indicated
on the latest approved map or maps labeled "Official Street Name and
Building Numbering System," on file in the City Hall, are hereby confirmed
as the names of the streets as indicated on such map or maps except
as otherwise provided in this section.
B.
There is hereby established a uniform system of numbering
houses and buildings fronting on all streets, avenues and public ways
in the City, and all houses and buildings shall be numbered in accordance
with the provisions of this section.
C.
Racine Street shall constitute the base line for numbering
along all streets running north and south. Main Street shall constitute
the base line for numbering east and west.
D.
The numbering for each street shall begin at the base
line. The numbers within the first block shall be from 100 to 199,
within the second block from 200 to 299, etc. There shall be assigned
100 numbers to each block, square or space that would be one block
or square if streets each way were so extended as to intersect each
other, and one number shall be assigned to each 20 feet of frontage.
In blocks or equivalent space longer than 1,000 feet which is not
intersected by a street, the total length of such space divided by
50 shall be used to determine the feet of frontage assigned to each
number.
E.
All lots and houses on the north and west side of all streets shall be numbered with odd numbers, each commencing with the hundred assigned to that block, and shall increase from the base line, one number for each 20 feet of frontage or fraction thereof, except as provided in Subsection D. All lots and houses on the south and east side of all streets shall be numbered in the same way with even numbers. Where any building has more than one door serving separate occupants, a separate number shall be assigned to each door serving a separate occupant, provided that the building is 25 feet or more in width. If the building is not 25 feet or more in width and the entrances are not that far apart, the next consecutive number shall have a number assigned only to the main entrance, unless other entrances served different occupants.
F.
All streets not extending through to the base line
shall be assigned the same relative numbers as if said street had
extended to said base line.
G.
The Common Council has caused a survey to be made
and there is hereby assigned to each house and building located on
any street, avenue, alley, or highway in said City its respective
number under the uniform system provided for in this section, as shown
on the map titled "Official Street Name and Building Numbering System
for City of Jefferson," which map is made a part of this section.
The owner, occupant, or agent shall place or cause to be placed upon
each house or building controlled by him the number(s) assigned under
the uniform system provided for in this section
H.
Where only one number can be assigned to any house
or building, the owner, occupant, or agent of such house or building
who shall desire distinctive numbers for the upper and lower portion
of any such house or building, or for any part of such house or building
fronting on any street, may use the suffix "A," "B," "C," etc., as
may be required.
I.
For the purpose of facilitating correct numbering,
a copy of the map showing the proper numbers of all lots or houses
fronting upon all streets, avenues, or highways shall be kept on file
in the office of the City Clerk/Treasurer. This map shall be open
to inspection by all persons during the office hours of the Clerk/Treasurer.
J.
The City Clerk/Treasurer shall inform any party applying
therefor of the number belonging to or embraced within the limits
of said lot or property as provided in this section. In case of doubt
as to the proper number to be assigned to any lot or building, the
Clerk/Treasurer shall determine the number of such lot or building.
K.
Whenever any house, building or structure shall hereafter
be erected or located in the City, the owner shall procure the correct
number or numbers so assigned upon said building as provided by this
section. No building permit shall be issued for any such house, building
or structure until the owner has procured from the Clerk/Treasurer
the official number of the premises.
L.
All police officers of the City shall report the violation
of any provisions of this section.
M.
If the owner or occupant of any building required
to be numbered by this section shall neglect for more than 30 days
to duly attach and maintain the proper number on such building, the
City Clerk/Treasurer shall serve upon him a notice requiring such
owner or occupant to properly number the same, and if he neglects
to do so for 10 days after the service of such notice, he shall be
deemed to have violated this section.
N.
The City Clerk/Treasurer shall have all future City
plats and annexations, after approval by the Council, immediately
noted on the Official Street Name and Building Numbering Map or maps
with the same system of house numbering as is used on the present
Official Map.
[Amended 1-17-2012 by Ord. No. 3-12; 4-3-2013 by Ord. No. 2-13]
The owner or occupant of real property shall
remove snow and ice from the sidewalks including all portions of the
sidewalk and street necessary to provide clear passage without any
snow obstructions on the sidewalk or in the street that would impede
the use of the sidewalk network within 24 hours after the end of snowfall.
The Public Works Foreman may order the crew to clear sidewalks where
owners or occupants have failed to do so within 24 hours. It is unlawful
for snow to be blown or pushed into City streets and is considered
an unlawful obstruction, subject to citation. The Public Works Foreman
may order the crew to clear streets where owners or occupants have
placed such an obstruction. The expense of said removal shall be included
in a statement to the City Clerk/Treasurer from the Public Works Foreman
indicating the cost of such removal. The cost of such snow and ice
removal shall be levied and collected as a special tax upon such lot
or parcel paid by owner thereof.
A.
The Common Council may temporarily close a public
right-of-way for celebrations or short-term commercial use upon the
following conditions:
(1)
The applicant shall execute a lease for the prescribed
right-of-way containing provisions holding the City harmless for accidents
or injuries occurring as a result of use of the leased premises. The
lease shall specify the party responsible for the leased premises
who shall be individually liable to the City for any loss sustained.
(2)
The applicant shall be responsible for all cleanup
after the event. Any costs incurred by the City will be billed to
the responsible party.
(3)
The applicant shall arrange for such traffic barriers
as may be necessary to properly close the right-of-way.
(4)
Such closure may include a portion of a sidewalk if
at least four feet of the remaining sidewalk remains open to pedestrian
traffic.
(5)
The application shall be accompanied by written consent
of the residents or commercial tenants of properties with frontage
on the affected right-of-way and proof of comprehensive general liability
insurance in a minimum amount of $500,000 for bodily injury or death
and $100,000 for property damage.
(6)
The Council shall specify in its approval any other
conditions it deems advisable based on the nature and location of
the event.
(7)
The applicant shall pay a fee as set by the Common
Council. Nonprofit entities shall be exempt from the rental fee for
City right-of-way as established by the Common Council beginning January
1, 2005. In lieu of the rental fee, all nonprofit entities shall be
required to make a lease payment of $1 and comply with all other provisions
of this section.
[Added 12-16-2003 by Ord. No. 16-03;
amended 6-7-2005 by Ord. No. 13-05]
B.
Consumption of alcoholic beverages on leased premises. A person holding a Class "B" or "Class B" license for an adjacent premises may sell alcohol in designated areas according to the term of the lease as set forth above. During such time, § 160-16 of the Code shall be inapplicable to the leased premises. Upon approval of the lease as set forth above, the applicant's license shall be deemed to be amended for the term of the lease to include the leased premises as part of the defined premises of the original license.
[Amended 10-18-2005 by Ord. No. 17-05]
