Chapter 349
STREETS, SIDEWALKS AND PUBLIC AREAS
[HISTORY: Adopted by the Common Council of the City of Bayfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Bicycles and play vehicles -- See Ch. 134.
Cable television -- See Ch. 166.
Construction site erosion control -- See Ch. 190.
Direct sellers -- See Ch. 200.
Driveways and culverts -- See Ch. 206.
Nuisances -- See Ch. 289.
Parks -- See Ch. 298.
Use of snowmobiles and ATVs on streets -- See Ch. 337.
Abandoned vehicles -- See Ch. 366.
ARTICLE I
Grades
[Adopted 4-1-1992 (§§ 6-1-1 through 6-1-3 of the 1992 Code of Ordinances)]
§ 349-1. Establishment of grades.
A. Grades to be established. The grade of all streets, alleys and sidewalks shall be established by resolution by the Common Council, upon the recommendation of the Public Works Director, and the same recorded by the City Clerk in his office. No street, alley or sidewalk shall be worked until the grade thereof is established. In all cases where the grade of sidewalks shall not have been specifically set by ordinance, the sidewalks shall be laid to the established grade of the street. All such grades heretofore established are hereby confirmed.
B. New sidewalk grade. Whenever a street shall be improved for the first time or the grade thereof changed and the street improved so as to conform to the new grade, the grading of the sidewalk shall be considered a part of the improvement, shall be let by contract with the other work of improving such street, and the expense thereof shall be provided for and borne in all respects like that of improving the street, but the construction shall be done by the owners of the abutting lots or parcels of land or at their expense as hereinafter provided. Before such construction is commenced by the owners of the abutting lots or parcels of land, the Common Council, or its designee, shall, upon application by the respective owners for a sidewalk grade, cause such sidewalk grade to be established.
§ 349-2. Alteration of grade prohibited.
No person shall alter the grade of any street, alley, sidewalk or public ground or any part thereof in the City of Bayfield by any means whatsoever unless authorized or instructed to do so by the Common Council or Public Works Director. All such alterations of grade shall be recorded in the office of the City Clerk.
§ 349-3. Regulation of underground utilities.
A. Elevation. The grade or elevation of all underground construction shall be a minimum of three feet below the established grade of the street, alley, park, public property or easement. The three feet shall be measured between the top of the established grade and the top of the underground construction.
B. Approval of location. The location of any and all such underground construction must have the approval of the Common Council or Public Works Director.
C. Filing plans. Complete plans for any such construction must be filed with and be approved by the Common Council or Public Works Director before construction can begin.
D. Inspection. On request of the Common Council or Public Works Director, the utility company must provide opportunity for City officials to check any construction before it may be covered.
E. Conflict with other utilities. If the grade or elevation herein set for the underground construction of utilities shall, in any instance, conflict with other existing utilities, the utility shall be required to lower the elevation of its underground construction at the election of the Common Council or Public Works Director, and in accordance with its directions and specifications.
F. Establishment of grade. At the request of the utility company, the Common Council or Public Works Director shall, at the City's expense, give the utility company an established grade on any streets, alleys, public parks or easements where it proposes to install underground utilities.
G. Emergency. In case of an emergency, when immediate action is necessary in order to protect life or property, the utility company may proceed with underground construction subject to obtaining the approval of such work by the Common Council or Public Works Director as soon thereafter as is reasonably possible.
H. Restoration of surface. In the event of any such underground construction, the utility company shall leave the surface of the ground, or road, in the same condition as before said work was commenced, and in the event of its failure so to do, the City may proceed to place the surface of the ground or street in such condition at the utility company's expense. Such work shall comply with the provisions of §§ 349-6 and 349-7 of Article II, Streets and Sidewalks, of this chapter.
I. Nonrelief from obligations. Compliance with this section does not relieve the utility company from any responsibility of any kind whatsoever by reason of the widening of the travelway, or any other improvements which may become necessary; nor does it relieve it from any liability of any kind or nature whatsoever. Compliance with this section shall not relieve the utility company from the responsibility or obligation of removing, relocating or moving any of its mains, pipes or property due to the opening, widening or improving of streets, or due to any other changes which may occur by reason of which such moving, relocation or removing may be necessary.
ARTICLE II
Streets and Sidewalks
[Adopted 4-1-1992 (§§ 6-2-1 through 6-2-15 of the 1992 Code of Ordinances)]
§ 349-4. Removal of rubbish and dirt from sidewalks.
No owner or occupant shall allow the sidewalk abutting on his premises to be littered with rubbish or dirt. If such owner or occupant shall refuse or fail to remove any such rubbish or dirt when notified to do so by the Common Council, or its designee, the City may cause the same to be done and report the cost thereof to the City Treasurer who shall spread the cost on the tax roll as a special tax against the premises, pursuant to § 66.0627, Wis. Stats., or such cost may be recovered in an action against the owner or occupant.
§ 349-5. Construction and repair of sidewalks and curb and gutter.
A. Construction and repair procedures. The Common Council may determine that sidewalks be constructed and establish the width, determine the material and prescribe the method of construction of standard sidewalks pursuant to this section.
B. Cost of new sidewalks and curb and gutter. The cost of projects where under the City's special assessment policies shall be as prescribed in Chapter 15, Assessments and Charges, § 15-17, of the Code of the City of Bayfield.
C. Sidewalk permit required. No person shall hereafter lay, remove, replace or repair any public sidewalk within the City unless he is under contract with the City to do such work or has obtained a permit therefor from the Public Works Director or his designee at least three days before work is proposed to be undertaken. A fee as set by the Common Council shall be charged for such permits. The City reserves the right to accept or reject contractors.1
D. Standard specifications for sidewalk.
(1) General. All sidewalks shall be of concrete construction. In appropriate areas, installation of street brick instead of cement is allowed if first approved by the Public Works Committee. Concrete sidewalk construction shall meet the specifications and provisions set forth in this section and shall be constructed in locations and to line and grade as established by the City.
(2) Subgrade. Subgrade shall be four inches of sand fill, thoroughly and uniformly compacted and brought to correct grade placing of concrete and thoroughly wet down immediately before concrete is placed. Soft, porous and unsuitable subgrade material shall be removed and replaced with sand or other satisfactory material. On embankments, the subgrade shall extend at least one foot beyond each edge of the sidewalk.
(3) Concrete. The minimum quantity of cement per cubic yard shall be six sacks of 94 pounds each. Concrete shall be mixed for at least one minute. Gravel shall be of good quality and washed. Concrete shall test 3,000 pounds compression in 28 days.
(4) Forming. Concrete shall be placed in straight forms of wood or metal of sufficient strength to resist springing, tipping or other displacement during the process of depositing and consolidating the concrete. Concrete shall be placed in the forms on a moist subgrade, deposited just above the finished grade and consolidated and spaded sufficiently to bring the mortar to the surface and to prevent honeycombing. It shall then be struck off level with the top of the forms and finished. Forms shall be securely fastened, staked, braced and held firmly to required line and shall be sufficiently tight to prevent leakage of mortar.
(5) Jointing, floating and finishing. Soon after screening and while the concrete is still plastic, the surface shall be floated with wood, cork or metal floats or by a finishing machine. At all places where the sidewalk intersects another sidewalk or curbline, a one-half-inch expansion joint shall be placed. Transverse expansion joints of 1/2 inch thick and four inches wide and five feet long or premolded material shall be located every 30 feet. Control joints will not be greater than the width of the sidewalk.
(6) Slope. All forms must be approved by the Public Works Director or its designee before concrete is poured. To provide adequate drainage, the sidewalk shall slope toward the curb at a minimum rate of 1/4 inch per foot of width of sidewalk. All joints and edges shall be finished with a three-fourths-inch radius edging tool. Sidewalks shall be constructed within the limits of the street, and unless otherwise specifically indicated, there shall be a one foot strip of street property left between the property line and the edge of the sidewalk.
(7) Width and thickness. Residential walks shall be five feet in width and not less than four inches thick, except within driveway approaches where the minimum thickness shall be six inches, with rod or mesh reinforcement, provided that walks in residential areas may be repaired or replaced to a width not less than the existing width. Sidewalks in front of commercial or industrial establishments shall be seven feet wide, or shall have a width as determined by the Public Works Committee and be four inches thick, except within driveway approaches where the minimum thickness shall be six inches.
(8) Finishing. Edges are required. Dry cement shall not be spread on a wet surface to take up excess water. Finishing operations shall be delayed until water has disappeared. No tool marks shall be left on exposed surfaces. In case of rain, the walk shall be covered to protect the surface from being damaged. Walks shall be kept free from all traffic at normal temperatures for 48 hours and in cold weather (below 50° F.) for 96 hours.
(9) Curing and drying. As soon as any of the concrete work herein before mentioned has been finished and hardened sufficiently to prevent excessive marring of the surface, it shall be cured and protected against rapid drying. Failure to comply with this requirement shall be deemed sufficient cause for suspension of the work. Curing shall be accomplished by the "impervious coating," "wet fabric" or "paper" methods. For impervious coating or membrane curing, only those materials meeting requirements of ASTM Spec. C156-44T, "Method of Test for Efficiency of Materials for Curing Concrete," shall be used. Said specifications are hereby adopted by reference as if fully set forth herein.
(10) Cold weather requirements. When the temperature is less than 40° F., all concrete placed in the forms shall have a temperature between 50° and 70° F. and shall meet the requirements as per Wisconsin Department of Transportation specifications for cold weather concrete.
E. Repair or replacement of defective or damaged sidewalks.
(1) All property owners with adjoining properties to City sidewalks shall be responsible for keeping their portion of said sidewalks in good, safe condition for all pedestrian traffic. Sidewalks with multiple cracks, surface deterioration, or depressions or rises greater than 1/2 inch shall be considered an unsafe condition and shall be repaired or replaced by said adjoining property owner after sufficient notice from the City as to said depression or other unsafe conditions. Pursuant to § 66.0907, Wis. Stats., the Common Council may order at any time property owners to repair or remove and replace any sidewalk which is unsafe, defective or insufficient, or which is damaged by the acts of the property owner or his agents. If the property owner shall fail to so repair or remove and replace such sidewalk within 20 days after service of the notice provided in § 66.0907(3)(c), Wis. Stats., the Common Council or its designee shall repair or construct such sidewalk and the City Treasurer shall enter the total cost thereof upon the tax roll as a special tax against said lot or parcel of land. If an emergency situation exists which is caused by a sidewalk in need of repair, the Common Council or its designee shall immediately direct the property owner to immediately make repairs. If the property owner shall fail to repair such sidewalk within the required period, the Common Council shall make the necessary repairs and the City Treasurer shall enter the total cost thereof on the tax roll as a special tax against said parcel.
(2) Nothing in this section shall apply to minor repairs, the cost of which does not exceed $300; such repairs may be made at the direction of the Public Works Director without notice, and the cost thereof may be charged to the abutting property owner in the same manner as provided in this section for major repairs.
F. Illegal sidewalks. No sidewalk which shall be constructed contrary to the provisions of this section shall be considered a legal sidewalk and the same may be ordered to be replaced with a legal sidewalk and with one that is in conformity with this section, the same as if no sidewalk whatever had been built or constructed in the place where any such sidewalk is located.
G. Curb and gutter. All new or replacement curb and gutter shall match the adjacent areas where said curb and gutter is located, a standard curb height shall be six inches, and the standard gutter 18 inches in width. The face of the sidewalk may not be used as a curb without permission in writing from the Public Works Committee.
H. Handicap ramps. The standard for construction of curbs and sidewalks on each side of a City street shall include curb ramping which will provide access to crosswalks at intersections and other designated locations in accordance with § 66.0907, Wis. Stats., which is hereby incorporated by reference.
§ 349-6. Excavations of streets, alleys, public ways and grounds.
A. Permit required. No person, partnership or corporation, or their agents or employees or contractors, shall make or cause to be made any opening or excavation in any public street, public alley, public way, public ditch, public ground, public sidewalk or City-owned easement within the City of Bayfield without a permit therefor from the Public Works Director.
B. Application for permit. The application for a permit shall be in writing and signed by the applicant or his/her agent. The applicant shall submit to the Public Works Director, at the time the permit is applied for, sufficient information relating to the work to be done including the general location and nature of the work and the method applicant proposes to use in doing the work. The Public Works Director shall determine if sufficient information is submitted.
C. City work excluded. The provisions of this section shall not apply to excavation work under the direction of City departments or employees or to contractors performing work under contract with the City necessitating openings or excavations in City streets.
D. Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under § 349-7G for pavement replacement.
E. Renewal of permit. If operations have begun under an approved permit and will continue beyond the thirty-day validation period, the permittee shall apply for a thirty-day permit renewal by written request to the Public Works Director and payment of a renewal permit fee as set by the Common Council. Permit renewals shall be issued at the discretion of the Public Works Director.2
F. City standards; fees.
(1) City standards. All street work shall be performed in accordance with the current standard specifications for street openings found in this section and § 349-7. Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to the condition prior to damage.
(2) Fee. The fee for permits for making openings in streets, alleys, sidewalks, or public ways shall be as set by the Common Council, and the estimated cost of repair shall also be paid to the City at the time of application.3
G. Insurance required. A permit shall be issued only upon condition that the applicant submit to the Public Works Director satisfactory written evidence that applicant has in force and will maintain during the time the permit is in effect public liability insurance of not less than $500,000 per one person, $500,000 for one accident and property damage coverage of not less than $500,000. The insurance requirement may be reduced or waived at the discretion of the Public Works Director on any project less than $1,000.
H. Deposit (small projects). On projects of less than $5,000, a cost estimate will be determined by the Public Works Director. A deposit in that amount will be placed on deposit with the City Treasurer in lieu of a bond.
I. Bond (large projects).
(1) Before a permit for excavating or opening any public street, sidewalk, ditch, alley or public right-of-way may be issued for projects of more than $5,000, the applicant must execute and deposit with the City an indemnity bond in an amount determined by the Public Works Director, conditioned that he will indemnify and save harmless the City of Bayfield and its officers from all liability for accidents and damage caused by any of the work covered by his permit, and that he will fill up and place in good and safe condition all excavations and openings made in the street, and will replace and restore the pavement over any opening he may make as near as can be to the state and condition in which he found it, and keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the Public Works Director for a period of one year, and that he will pay all fines of forfeitures imposed upon him for any violation of any rule, regulation or ordinance governing street openings or drainlaying adopted by the Common Council and will repair any damage done to existing improvements during the progress of the excavation in accordance with the ordinances, rules and regulations of the City. Such bond shall also guarantee that, if the City shall elect to make the street repair, the person opening the street will pay all costs of making such repair and of maintaining the same for one year. Recovery on such bond for any accident, injury, violation of law, ordinance, rule or regulation shall not exhaust the bond but it shall cover any and all accidents, injuries or violation of law during the period of excavation for which it is given.
(2) An annual bond may be given under this section covering all excavation work done by the principal for one year beginning January 1, which shall be conditioned as specified above and in the amount determined by the Public Works Director as necessary to adequately protect the public and the City.
(3) Faulty work or materials shall be immediately replaced by the permittee upon notice by the City. Failure to correct deficiencies shall result in a one-year revocation of the right to obtain a street opening permit. The Common Council shall repair the deficiencies and bill the permittee for all labor, materials and equipment used plus 20% for administration.
(4) The person who does such restoration shall be responsible therefor for one year from the date of the completion of the work and shall file a written guarantee or surety bond to that effect with the City in an amount determined by the Public Works Director.
(5) Whenever the Common Council shall find that any such work has become defective within one year of the date of completion, it shall give written notice thereof to the contractor or to his surety stating the defect, the work to be done, the cost thereof and the period of time deemed by the Common Council to be reasonably necessary to complete said work. After receipt of such notice, the contractor or the surety must, within the time specified, repair the defect or indemnify the City for the cost of doing the work as set forth in the notice.
J. Public utilities. All public utilities as defined in § 66.0801 and 196.01, Wis. Stats., are hereby required to be bound by the terms and conditions of this section and § 349-7, any and all subsections thereunder, except that a public utility as defined within this section shall not be required to post the indemnity bond.
§ 349-7. Regulations governing excavations and openings.
A. Frozen ground. No openings in the streets, alleys, sidewalks or public ways shall be permitted between November 15 and May 1 except where it is determined by the Public Works Director or his designee to be an emergency excavation.
B. Protection of public.
(1) Every opening and excavation shall be enclosed with sufficient barriers, signing, and such other traffic control devices as may be required by the City and in accordance with Section VI of the Manual of Uniform Traffic Control Devices. Sufficient warning lights shall be kept on from sunrise to sunset. No open flame warning devices shall be used. Except by special permission from the Public Works Director, no trench shall be excavated more than 250 feet in advance of pipe or conduit laying nor left unfilled more than 500 feet from where pipe or conduit has been laid.
(2) All necessary precautions shall be taken to guard the public effectively from accidents or damage to persons or property through the period of the work. Each person making such opening shall be held liable for all damages, including costs incurred by the City in defending any action brought against it for damages, as well as cost of any appeal, that may result from the neglect by such person or his employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind.
(3) Unless otherwise approved, a minimum of one lane of traffic in each direction shall be provided. Every effort shall be made on the part of the permittee to provide reasonable access to all properties adjacent to his project. In the event traffic is limited to less than one lane in each direction, a flagman or temporary traffic control signal shall be provided so as to safely cycle traffic in each direction past the work area.
(4) The permittee shall perform the work in such a manner so as not to disrupt the flow of traffic in the area or endanger the safety of workmen or passersby. It shall be the responsibility of the permittee to prevent traffic backup during construction operation. The permittee shall notify the Public Works Director 24 hours prior to commencement of excavation of the location and extent of the excavation, unless the excavation is an emergency excavation as identified in Subsection G.
(5) When the operations will result in the loss of any utility service to private properties, the private properties shall be notified in writing or by personal contact at least 12 hours prior to the loss of service, unless the operations are part of an emergency excavation as defined in Subsection G.
C. Pavement removal.
(1) Removal of existing pavement shall be to neat, straight lines. The permittee shall make a final saw cut in the existing pavement after backfilling. Excavations shall be kept to the minimum possible and acceptable for the convenience and safe performance of his work and in accordance with all applicable codes and regulations.
(2) If the pavement is damaged during excavation beyond the original saw cut lines, it shall be saw cut again along neat, straight lines. The finished saw cut shall leave a regular rectangular section for pavement replacement. Should the street opening occur within adjacent or close to an existing patch or require more than one opening within a short distance, the permittee shall identify and locate the existing patches or additional openings on the permit application form. The Public Works Director or his designee shall, on the basis of an on-site inspection, approximate the boundaries of the pavement replacement area.
(3) The Public Works Director or his designee may order the permittee to remove and replace up to one full lane width of pavement along the patched or excavated area. Special care shall be taken with concrete pavement to produce a vertical face on the existing concrete at the point of the saw cut to insure a full depth of concrete at the joint.
D. Excavation.
(1) All excavated material shall be piled in a manner such that pedestrian and motor traffic is not unnecessarily disrupted. Gutters shall be kept clear or other satisfactory provisions made for street drainage, and natural watercourses shall not be obstructed.
(2) Excavated material to be used for backfilling of the trench must be so handled and placed as to be of as little inconvenience as practical to public travel and adjoining tenants.
E. Backfilling.
(1) All backfill material shall be free from cinders, ashes, refuse, vegetable or organic matter, boulders, rocks or stones greater than eight inches in their greatest dimension, frozen lumps or other material which in, in the opinion of the Public Works Director or his designee, is unsuitable.
(2) In refilling the excavation, if there is not sufficient material excavated suitable for refilling, the deficiency shall be made up with material, approved prior to use by the Public Works Director or his designee, hauled in.
(3) Wherever an excavation crosses an existing utility, pipe or other structure, backfill shall be carefully compacted in stages from the bottom of the excavation. Any sanitary sewer, storm sewer, water, telephone, natural gas or other service shall not be interrupted by the permittee. It shall be the permittee's responsibility to have the various utilities locate and mark their facilities prior to excavation.
(4) Mechanical compaction shall be used on all materials used for trench backfill. Each layer (twelve-inch maximum) shall be uniformly compacted to a dry density of at least 95% of the maximum dry density as determined by the modified proctor Test (ASTM-1557). Compaction or consolidation by flooding shall not be permitted.
(5) All excavations shall be subject to testing by the City. Backfilled material not achieving the above compaction requirements shall be removed and recompacted by the permittee. The cost of any retesting shall be paid by the permittee.
(6) When the sides of the trench will not stand perpendicular, sheathing and braces shall be used to prevent caving. No timber, bracing, lagging, sheathing or other lumber shall be left in any trench. At no time shall any street pavements be permitted to overhang the excavation.
F. Notice. It shall be the duty of the permittee to notify the Public Works Director and all public and private individuals, firms and corporations affected by the work to be done at least one business day before such work is to commence. The Public Works Director shall also be notified at least four hours prior to backfilling and/or restoring the surface.
G. Emergency excavation. In the event of an emergency, any person, firm or corporation owning or controlling any sewer, gas main, water main, conduit or other utility in or under any public street, alley easement, way or ground and his agents and employees make take immediate proper emergency measures to remedy dangerous conditions for the protection of property, life, health or safety without obtaining an excavation permit, provided that such person, firm or corporation shall apply for an excavation permit not later than the next business day and shall notify City officials immediately.
H. Excavation in new streets limited. Whenever the City determines to provide for the permanent improvement or repaving of any street, such determination shall be made not less than 30 days before the work of improvement or repaving shall begin. Immediately after such determination by the Common Council, the City shall notify in writing each person, utility or other agency owning or controlling any sewer, water main, conduit or other utility in or under said street or any real property abutting said street, that all such excavation work in such street must be completed within 30 days. After such permanent improvement or repaving, no permit shall be issued to open or excavate said street for a period of five years after the date of improvement or repaving unless, in the opinion of the Common Council, conditions exist which make it absolutely essential that the permit be issued. Every effort shall be made to place gas, electric, telephone and television cable lines in street terraces.
I. Repair by City. The City may elect to have the City or a contractor working for the City make the pavement repair for any street or sidewalk opening, in which case the cost of making such repair and of maintaining such repair for one year shall be charged to the person making the street opening.
§ 349-8. Pavement replacement and sidewalk, curb and gutter and driveway restoration.
A. Backfill material shall be left below the original surface to allow for five inches of three inch crushed stone and four inches of three-fourths-inch crushed stone, plus the thickness of the required pavement structure. If paving will not occur as part of the initial street restoration operation, the balance of the opening to the original surface elevation shall be backfilled with compacted three-fourths-inch crushed stone.
B. Bituminous pavement shall be placed the full depth of the existing pavement or three inches, whichever is greater. Bituminous pavement shall be placed in a maximum of one-and-one-half-inch layers with each layer compacted to maximum density and shall consist of Wisconsin Department of Transportation Gradation No. 1 for the binder course and Wisconsin Department of Transportation Gradation No. 3 for the surface course. The finished surface shall be smooth and free of surface irregularities and shall match the existing pavement and any castings or street appurtenances. Allowable deviations shall be no more than 1/4 inch as measured with a ten-foot straight edge.
C. Concrete pavement shall be placed to the full depth of the existing pavement or seven inches, whichever is greater. Concrete used shall not contain calcium chloride. The surface shall be given a light broom finish. The edges shall be tooled to prevent spalling at the saw cut edge. The surface shall be evenly and completely sealed with a white pigmented curing compound. The surface shall be protected from traffic for a minimum of three days. Tie bars shall be installed as directed by the Public Works Director or his designee.
D. All permanent restoration of street, curb and gutter shall be of the same type and thickness as the curb and gutter which abuts. The grade of the restored curb and gutter shall conform with the grade of the existing adjacent curb and gutter.
E. All permanent restoration of driveways and sidewalks shall conform to the manner of construction as originally placed and to the lines and grades as given by the Public Works Director. No patching of concrete driveway areas will be allowed between joints or dummy joints.
F. Sidewalks shall be replaced the full width of the walk and minimum length shall be 60 inches. All replaced walk shall be four inches thick, except at driveways where it shall be six inches thick. The new walk shall slope to conform to existing construction across the width of the walk toward the street.
G. In emergency excavations during winter months when it is not possible to replace the removed pavement with a like material, the excavation shall be temporarily resurfaced with a minimum of 3 1/2 inches of cold mix bituminous material. This temporary wearing surface shall be compacted and rolled smooth. These temporary wearing surfaces shall be removed and replaced with material as specified above by not later than the following June 1, except as provided above. Permanent pavements shall be replaced within 60 days of the date of the permit.
§ 349-9. Obstructions and encroachments.
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 Subsections B and C.
B. Exceptions. The prohibition of Subsection A shall not apply to the following:
(1) Temporary encroachments or obstructions authorized by street privilege permit under § 349-10 of this article pursuant to § 66.0425, Wis. Stats.
(2) Building materials for the period authorized by the Common Council, or its designee, which shall not obstruct more than 1/2 of the sidewalk or more than 1/3 of the traveled portion of the street and which do not interfere with the flow in the gutters.
(3) Excavations and openings permitted under §§ 349-6 and 349-7 of this article.
(4) Awnings which do not extend below any point seven feet above the sidewalk, street or alley.
(5) Public utility encroachments duly authorized by state law or the Common Council.
(6) Temporary obstructions authorized by permit pursuant to Subsection C.
(7) Goods, wares, merchandise, or fixtures being loaded or unloaded which do not extend more than three feet on the sidewalk, provided such goods, wares, etc., do not remain thereon for a period of more than two hours.
C. Issuance of permit (sidewalk sales by merchants).
(1) Except as otherwise provided herein, and in § 349-18 for special event vending, no person, firm, business or corporation shall use any sidewalk or street as a place for advertising, displaying, vending, selling or dealing in any goods, wares, merchandise or service. The Common Council is authorized to issue a permit which allows property owners to place certain fixtures on sidewalks which immediately adjoin their property. In determining if a permit shall be authorized, all of the following requirements must be met:
(a) The property must be located in an area zoned for commercial uses.
(b) The fixture(s) shall not be physically attached to the sidewalk, any street fixture or any adjacent building, and shall be of a temporary design.
(c) The placement of the fixture shall not unsafely impede the flow of pedestrian traffic on the sidewalk. In no event shall the fixture reduce the unobstructed sidewalk width to less than three feet at any point.
(d) The property owner may be required to provide the City with proof of liability insurance coverage. The insurance coverage shall be an amount of not less than $500,000 per occurrence and the policy shall specifically state that it includes coverage for the fixtures located on the City sidewalks. In addition, the City shall be identified as a third-party insured.
(e) The property owner whose property adjoins the City sidewalk shall file the permit application or authorize the occupant of the subject property to file the permit application.
(f) The property owner or the occupant of the subject property shall display the approved permit in the window of the building so that it can be seen from the sidewalk.
(2) Any nonprofit business, charitable service, religious or eleemosynary organization may apply to the Common Council for a permit to advertise, display, vend, sell or deal in the goods, wares, merchandise or services of its members on any street or sidewalk. Said application shall specify the nature of the use contemplated, including any proposed street or sidewalk closings or obstructions and the duration desired, not to exceed 10 days. No permit shall be issued, except upon approval by the Public Works Director, Chief of Police and by the Fire Chief, and upon the payment of an application fee as set by the Common Council.4
(3) The permit may be revoked by the Common Council, Public Works Director, Mayor, Fire Chief or any City law enforcement officer ("City enforcement officials") at any time when one or more of the above requirements are not complied with or if he determines that the placement of the fixture(s) endangers the safety of the pedestrians who utilize the sidewalks.
D. Removal by City for sidewalk obstructions and encroachments. In addition to any other penalty imposed, if any City enforcement official determines that a sidewalk is unlawfully obstructed in violation of this section, he shall issue a written notice to the owner or occupant of the premises which adjoins the obstructed sidewalk directing that the obstruction be removed within 24 hours.
E. Removal by City for obstruction and encroachments located in the City streets, alleys, public grounds or lands dedicated for public use. In addition to any other penalty imposed, if the Common Council determines that a City street, alley, public grounds or land dedicated for public use is obstructed or encumbered, he shall issue a written notice to the property owner of the premises which adjoin the obstructed public area directing that the obstruction be removed within 24 hours.
F. Failure to remove obstruction.
(1) If the owner or occupant fails to remove the obstruction within the time period established in Subsection D or E, respectively, the Council shall cause the removal of the obstruction, keeping an account of the expense of the abatement, and such expenses shall be charged to and paid by such property owner. Notice of the bill for abatement of the obstruction shall be mailed to the owner of the premises and shall be payable within 10 calendar days from receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the City Treasurer shall enter those charges onto the tax roll as a special tax as provided by the state statutes.
(2) The failure of the City Treasurer to record such claim or to mail such notice or the failure of the owner to receive such notice shall not affect the right to place the City expense on the tax rolls for unpaid bills for abating the obstruction as provided for in this section.
§ 349-10. Street privilege permit.
A. When required. Permits for the use of the streets, alleys, sidewalks or other public ways or places of the City may be granted to applicants by the Common Council for the purpose of moving any building or structure or of encumbering the street, alley, sidewalk or way with materials necessary in and about the construction or demolition of any building or structure, provided such applicant has complied with the other requirements of this section and has obtained a building permit if required by this Code of Ordinances. The Common Council may request advisory recommendations from the Chief of Police and Public Works Director prior to issuance of the permit. City officials may attach conditions to the permit, including proof of liability insurance.
B. Bond. No street privilege permit shall be issued until the applicant shall execute and file with the City Clerk a bond not exceeding $20,000, conditioned that the applicant will indemnify and save harmless the City from all liability for accidents or damage caused by reason of operations under said permit and will remove such encumbrance upon termination of the operations and will leave the vacated premises in a clean and sanitary condition and repair any and all damage to the streets, alleys, sidewalks or public property of the City resulting from such building or moving operations.
C. Fee. The fee for a street privilege permit shall be in the sum as set by the Common Council, plus any actual City costs. [Amended 10-18-2006 by Ord. No. 335]
D. Conditions of occupancy. The permission to occupy or obstruct the streets, alleys, sidewalks or public grounds is intended only for use in connection with the actual erection, alteration, repair, removal or moving of buildings or structures and shall be given upon the following terms and conditions and subject to revocation without notice by the Mayor, Chief of Police or Public Works Director for violation thereof:
(1) Such temporary obstruction shall cover not more than 1/3 of any street or alley.
(2) Obstructions shall be sufficiently lighted at night so as to be in full view of the public from all directions.
(3) Sidewalk traffic shall not be interrupted, but temporary sidewalks of not less than four feet in width guarded by a closed fence at least four feet high on both sides may be maintained during the period of occupancy.
(4) No building or structure shall be allowed to remain overnight on any street crossing or intersection or so near thereto as to prevent easy access to any fire hydrant.
(5) Upon termination of the work necessitating such obstruction, all parts of the streets, alleys, sidewalks or public grounds occupied under the permit shall be vacated, cleaned of all rubbish and obstructions and placed in a safe condition for public travel at the expense of the permittee.
E. Termination. All street privilege permits shall automatically terminate at the end of three months from the date of issuance unless an earlier termination date is specified thereon at the discretion of the Public Works Director.
F. Removal by City. In addition to any other penalty imposed, if the owner or occupant of the premises adjoining any lawfully obstructed sidewalk shall remove or neglect to remove such obstruction within 24 hours after such notice from the Common Council to do so, it shall be the duty of the City to remove such obstruction and make return of the costs and expenses thereof to the City Treasurer who shall enter such cost on the next annual tax roll as a special charge against the property abutting such obstructed sidewalk, and such sum shall be levied and collected as other special taxes against real estate.
§ 349-11. Snow and ice removal.
A. Removal from sidewalks.
(1) The owner, occupant or person in charge of any parcel or lot which fronts upon or abuts any sidewalk within the area designated in Subsection A(2) below 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 from the time the snow ceases to accumulate on said sidewalk. In the event that ice has formed on any sidewalk in such a manner that 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.
(2) The following areas comprise the designated sidewalk clearance area:
(a) Rittenhouse Avenue from Fourth Street to Front Street, both sides; [Amended 2-20-2008 by Ord. No. 341]
(b) Broad Street from Manypenny Avenue to Rittenhouse Avenue, the east side;
(c) First Street from Washington Avenue to City Hall, the west side;
(d) Manypenny Avenue from Broad Street to Third Street, both sides;
(e) Broad Street, from Wilson Avenue to Manypenny Avenue, both sides;
(f) (Reserved)5
(g) North side of Manypenny Avenue from Broad Street to First Street;
(h) South side of Manypenny Avenue from First Street, west to alleyway east of Second Street;
(i) West side of Fourth Street from Rittenhouse Avenue to Sweeny Avenue;
(j) West side of Third Street from Rittenhouse Avenue to Sweeny Avenue;
(k) South side of Washington Avenue from Third Street to First Street. [Amended 2-20-2008 by Ord. No. 341]
B. Notice and removal of snow from sidewalks. If the owner, occupant or person in charge of any parcel or lot which fronts upon or adjoins any sidewalk shall fail to keep said sidewalk clear of snow and ice as set forth in Subsection A, the Public Works Director or the Police Department shall take the following action:
(1) Hazardous conditions. If the Public Works Director or the Police Department determines that the failure to remove the snow and ice from the sidewalk creates an immediate danger to the public health and/or safety, he/she shall cause all sidewalks which have not been cleaned or sprinkled in the manner heretofore to be cleaned or sprinkled upon default of the person whose duty it shall be to clean or sprinkle the same, and the cost thereof, shall be assessed as outlined in Subsection D.
(2) Snow and ice not to encroach. No person shall push, shove or in any way deposit any snow or ice onto any public streets, alley, sidewalk or public lands dedicated to public use. 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 street of the City, contrary to the provisions of this section, is a nuisance; and in addition to the penalty provided for violation of this section, the City may summarily remove and transport from the site 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.
C. Enforcement. The Public Works Director or the Police Department is hereby authorized and directed to enforce the provisions of this section.
D. Expense. An account of the expenses incurred by the City to abate the snow and/or ice hazard shall be kept and such expenses shall be charged to and paid by the parcel or lot owner. The City shall charge the total cost to abate the hazardous condition. There is a minimum charge of $50 that will be levied for snow removal by the City. The bill for the removal of snow and/or ice shall be mailed to the last-known address of the owner of the parcel or lot and shall be payable within 10 calendar days from the receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the City Treasurer shall enter those charges onto the tax roll as a special tax as provided by § 66.0907(5), Wis. Stats.
E. Violations and penalties. Snow and ice shall be removed within twenty-four-hours, pursuant to the above requirements, after any storm; should said snow and ice fail to be removed, the City Public Works Department shall remove the snow pursuant to Subsection B(1) and shall issue a warning ticket. In addition to being billed for the abatement of the hazardous condition, should a property owner receive three warnings, the Police Department shall issue a citation with a penalty as prescribed in Chapter 1, General Provisions, Article I, § 1-3, Violations and penalties, of the Code of the City of Bayfield.
§ 349-12. Terrace areas.
A. Definition. The definition of "terrace" shall be as defined in the definition of "boulevard or terrace area" in § 360-2 of Chapter 360, Trees and Shrubs, of the Code of the City of Bayfield.
B. Noxious weeds; paving. All that part of the terrace not covered by a sidewalk shall be kept free and clear of all noxious weeds and shall not be paved, surfaced or covered with any material which shall prevent the growth of plants and shall be maintained as a lawn, except in areas specifically approved by the Common Council or its designee. Basketball backstops, statuary, structures, flagpoles and other objects shall not be placed in the terrace area.
C. Responsibility to maintain. Every owner of land in the City whose land abuts a terrace is required to maintain, or have maintained by his tenant, the terrace directly abutting such land as provided in this section and elsewhere in this Code. Every owner shall keep mailboxes located on a terrace free and clear of snow.
§ 349-13. Vaults.
All vaults and cisterns under sidewalks shall be prohibited.
§ 349-14. Requests for improvements.
Requests or petitions by City property owners for new streets, street resurfacing, curb and gutter, storm sewers, utility work and sidewalks shall be presented to the Common Council on or before September 1 to be considered for installation in the following year.
§ 349-15. Unlawful dumping on streets.
It shall be unlawful for any person to deposit or cause to be deposited, dump, sort, scatter or leave any rubbish, stone, wire, earth, ashes, cinders, sawdust, hay, glass, manure, filth, paper, snow, ice, dirt, grass, leaves, construction waste, garbage or other offensive or noxious material in any public street, sidewalk, alley, or upon any public property or upon any property of another, without the express permission of the owner of occupant thereof.
§ 349-16. Street numbers.
A. Buildings to have street numbers. Each principal building in the City shall be assigned an official street number by the Clerk, or his designee. All lots and parts of lots in the City shall be numbered in accordance with a street numbering map on file in the office of the Clerk. Plats shall be numbered to conform as nearly as possible to the general scheme of numbering as outlined on the map.
B. Street numbers to be displayed. The owner, occupant, or agent in charge of the premises shall cause to be affixed and to be maintained when so affixed to each principal building controlled by him/her the official street number assigned to that building as provided in Subsection A hereof. The physical numbers provided herein shall be not less than four inches in size. Each required number shall be affixed on the front of the building in such a location that it may be easily and readily seen by a person of ordinary eyesight on the public street or highway upon which the building abuts. For commercial buildings with a public entrance fronting a public alley, the street number shall also be affixed in such location that it may be seen in like manner from such alley. Where the second floor of a structure is separately occupied, the same shall be given a 1/2 number in addition to the first floor.
C. Noncompliance. If the owner or occupant of any building neglects for 20 days to duly attach and maintain the proper numbers on the building, the City shall serve him/her a notice requiring him/her to properly number the same, and if he/she neglects to do so for 10 days after service, he/she shall be subject to a forfeiture as provided in Chapter 1, General Provisions, Article I, § 1-3, Violations and penalties, of the Code of the City of Bayfield.
§ 349-17. Obstruction of public ditches.
No person shall in any manner obstruct or cause to be obstructed the free passage of water in any public gutter, ditch, culvert, swale or drain or place or cause to be placed any rubbish, dirt, sand, gravel or any other matter or thing so that the same is likely to be carried by the elements into any public gutter, ditch, culvert, swale or drain.
§ 349-18. Sale or display of merchandise prohibited; special event vending permit.
A. Street sales prohibited except by permit. Except as provided in § 349-17C, no person shall display, sell or offer to sell on any street, sidewalk, alley or other public place within the City any goods, wares, foodstuffs or any thing or value or service of any kind by putting up a booth or stopping a vehicle or person on foot or in any other manner attempting to publicly sell or offer for sale any such articles, unless such person shall have first applied for and obtained a special event vending permit from the Common Council. Such permit shall enable holders to conduct their business in all enumerated areas subject to the limitations of this section. A special event vending permit shall be obtained where the vending is done by a participant in a special event and where such vending is an integral part of the event. However, where the vending is to occur in connection with a City- or area-wide promotion of community trade or festival sponsored or coordinated by an organization, the sponsoring organization shall obtain the special event vending permit as agent for its participating members.
B. Procedure.
(1) Application for a special event vending permit shall be filed with the City Clerk and shall contain such information as the City Clerk may require. Licenses shall be signed by the City Clerk and shall be conspicuously displayed at the place where such sales are being made. The permit shall set forth the exact days on which and the exact location where such business shall be carried on and shall be valid only during the dates and at the locations specified. Where a sponsoring organization is the applicant, the applicant shall provide the City Clerk with a complete list of sponsors and participants at the time of making application.
(2) Upon receipt of an application for a permit, the Common Council shall review the information given on the application for conformity with the provisions of this section. If all the applicable requirements are clearly and unambiguously met in the Common Council's opinion, it shall approve the permit or approve it conditionally. If the applicable requirements are not clearly and unambiguously met in the Common Council's opinion, it shall state the matters in doubt in writing to the applicant within three days of the time of making application.
C. Conditions of license. In addition to any other conditions imposed by the Common Council, all permittees shall fully comply with the following requirements:
(1) Apple Festival provisions. From 8:00 a.m. on the Friday first preceding the first Saturday of October of each year to 8:00 a.m. the following Monday (known as "Apple Festival"), no person shall engage in the business of peddler, solicitor, or transient merchant, as defined in Chapter 200, Direct Sellers, of the Code of the City of Bayfield, within the City of Bayfield, nor shall any owner of real property within the City of Bayfield knowingly permit the use of such property for such business, unless such person has first been authorized in writing to do so by the Bayfield Chamber of Commerce, after said organization has been authorized by the City to issue such permits for the Apple Festival in question. The City may authorize the Bayfield Chamber of Commerce to issue such permits for Apple Festivals upon terms and conditions acceptable to the City.
(2) Liability insurance. To hold a valid permit, the vendor shall be required to have in force adequate liability insurance. Adequate liability insurance is liability insurance holding the City and its employees and agents harmless and to indemnify and defend the City, its employees and agents against all claims, liability, loss, damage or expense incurred by the City with adequate liability policy limits on account of any damage caused by or resulting from the activities for which the permit is granted. As evidence of the applicant's ability to perform this condition of the permit, the applicant shall, when required, furnish a certificate of insurance evidencing the existence of comprehensive general liability insurance (including contractual liability insurance with the City being named as an additional insured). Adequate liability limits means minimum limits of $100,000 per occurrence for bodily injury and minimum limits of $50,000 per occurrence for property damage. The certificate of insurance shall provide 30 days' written notice to the City upon cancellation, or nonrenewal or material change in the policy. Proof of insurance shall be submitted to the City Clerk a minimum of seven days before the start of the event.
(3) Cooperation with law enforcement officials. To protect the public health and safety, the permittee shall coordinate with the Chief of Police the location of all events under the permit. Street and sidewalk encroachments, booth locations and special parking provisions shall be submitted to the Chief of Police for his/her review and approval a minimum of seven days before the start of the event.
(4) Cleanup. The permittee shall be fully responsible for all necessary cleanup associated with the licensed event.
(5) Compliance with other regulations. The permittee shall comply with all applicable state and county regulations governing health and sanitation for food-handling establishments, if applicable, and any other applicable City regulations, including, but not limited to, regulations pertaining to the issuance of special Class "B" fermented malt beverage licenses.
(6) Glass containers. Glass containers are prohibited at these licensed events.
ARTICLE III
Street Use Permits
[Adopted 4-1-1992 (§ 7-9-1 of the 1992 Code of Ordinances)]
§ 349-19. Purpose.
The streets in possession of the City are primarily for the use of the public in the ordinary way. However, under proper circumstances, the Common Council may grant a permit for street use, subject to reasonable municipal regulation and control. Therefore, this article 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 City can be protected and maintained.
§ 349-20. Application for permit.
A written application for a street use permit by persons or groups desiring the same shall be made on a form provided by the City Clerk and shall be filed with the City Clerk. The application shall set forth the following information regarding the proposed street use:
A. The name, address and telephone number of the applicant or applicants.
B. If the proposed street use is to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorizing responsible heads of such organization.
C. The name, address and telephone number of the person or persons who will be responsible for conducting the proposed use of the street.
D. The date and duration of time for which the requested use of the street is proposed to occur.
E. An accurate description of that portion of the street proposed to be used.
F. The approximate number of persons for whom use of the proposed street area is requested.
G. The proposed use, described in detail, for which the street use permit is requested.
§ 349-21. Representative at meeting.
The person or representative of the group making application for a street use permit shall be present when the Common Council gives consideration to the granting of said street use permit to provide any additional information which is reasonably necessary to make a fair determination as to whether a permit should be granted.
§ 349-22. Review by City officials.
Before any application for a street use permit is considered by the Common Council, the application shall be reviewed by the Public Works Director and Chief of Police for their 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.
§ 349-23. Conditions for mandatory denial.
An application for a street use permit shall be denied if:
A. The proposed street use is primarily for private or commercial gain.
B. The proposed street use would violate any federal or state law or any ordinance of the City.
C. The proposed street use will substantially hinder the movement of police, fire or emergency vehicles, constituting a risk to persons or property.
D. The application for a street use permit does not contain the information required above.
E. The application requests a period for the use of the street in excess of six hours.
F. The proposed use could equally be held in a public park or other location. In addition to the requirement that the application for a street use permit shall be denied, as hereinabove set forth, the Common Council may deny a permit for any other reason or reasons if it concludes that the health, safety and general welfare of the public cannot adequately be protected and maintained if the permit is granted.
§ 349-24. Permit fee. 6
Each application for a street use permit shall be accompanied by a fee as set by the Common Council.
§ 349-25. Consent of nearby residents required. 7
In addition to the fee required by the § 349-24, each application for a street use permit, except for parades or races sponsored by civic, youth or Scout organizations which have been in existence for at least six months, shall be accompanied by a petition designating the proposed area of the street to be used and time for said proposed use, said petition to be signed by not less than 75% of the residents over 18 years of age residing along that portion of the street designated for the proposed use. Said petition shall be verified and shall be submitted on a form provided by the City Clerk.
§ 349-26. Insurance.
The applicant for a street use permit may be required to indemnify, defend and hold the City and its employees and agents harmless against all claims, liability, loss, damage or expense incurred by the City on account of any injury to or death of any person or any damage to property caused by or resulting from the activities for which the permit is granted. As evidence of the applicant's ability to perform the conditions of the permit, the applicant may be required to furnish a certificate of comprehensive general liability insurance with the City of Bayfield. The applicant may be required to furnish a performance bond prior to being granted the permit.
§ 349-27. Termination of event.
A street use permit for an event in progress may be terminated by the Police Department if the health, safety and welfare of the public appears to be endangered by activities generated as a result of the event or the event is in violation of any of the conditions of the permits or ordinances of the City of Bayfield. The Chief of Police has the authority to revoke a permit or terminate an event in progress if the event organizers fail to comply with any of the regulations in the street use policy or conditions stated in the permit.