CHAPTER 16 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*

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1 CHAPTER 16 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES* *Cross reference(s)--drainage commission, et seq.; drainage districts created, 2-114; planning commission shall select and recommend to the City Council routes of streets, avenues and the opening, widening or abandonment of such streets, 2-203(6); city property, et seq.; riding or allowing horses, mules or cattle on sidewalks prohibited, 3-84; motor vehicle routes for transportation of explosives, blasting agents, flammable or hazardous chemicals, etc., 7-62; fire lanes shall be established by the city manager, 7-63; street system in mobile home or manufactured housing park, ; subdivisions, ch. 17; streets and alleys in subdivisions, ; storm drainage system requirements in subdivisions, ; restrictions on riding bicycles on sidewalks, 18-33; traffic control devices, et seq.; one-way streets and alleys, 18-99; through streets designated, ; stop streets established, ; yield right-of-way streets established, ; permit required for parades, ; parking in alleys restricted, State law reference(s)--authority to restrain or prohibit certain activity on streets and sidewalks, V.T.C.A., Local Government Code Page Art. I In General, Art. II Excavation, Art. III Obstructions, ARTICLE I. IN GENERAL Secs Reserved. Χη. Πγ. 1

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3 ARTICLE II. EXCAVATION* *Cross reference(s)--excavation and grading code adopted, 4-144; utilities, ch. 19; water, et seq.; sanitary sewerage system, et seq.; extension policy for utilities, et seq. Sec General prohibition. It shall be unlawful for any person having charge of any public or private improvement or building in the city to leave any hole, ditch or excavation of any kind in the surface of the earth in any street, alley, sidewalk or other public place, without guarding or covering same in such manner as to protect persons and animals from injury. (Code 1977, 16-2) Sec Permit required. No person shall excavate any hole, ditch or drain in any street, alley, public thoroughfare or public ground within the city without first having obtained the permission of the City Council or of the city manager. (Code 1977, 16-3) Sec Removal of material. No person shall, without first having obtained the permission of the City Council or the city manager, dig, remove or carry away, or cause the same to be done, from any street, alley or public place in the city, any sod, stone, earth, sand or gravel. (Code 1977, 16-4) Secs Reserved. Χη. Πγ. 3

4 ARTICLE III. OBSTRUCTIONS* *Cross reference(s)--traffic and vehicles, ch. 18. Sec Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them in this section. (1) Curb line shall mean the boundary of that portion of any street which is improved, designed or ordinarily used for vehicular traffic. (2) Object shall mean every sign, advertisement, container or display item of any type or form, portable or fixed, which is not authorized by state law, this Code or city ordinance. (3) Plant shall mean any hedge, bush, shrub, vine, palm or other vegetation, except trees. (4) Property line shall mean the boundary line of any street which line marks the division between the street area and the property abutting upon the same. (5) Street shall mean the entire width of every way or place of whatsoever nature when any part thereof is open to the use of the public as a matter of right for the purpose of traffic. (6) Traffic shall mean pedestrians, riders of animals and drivers of vehicles while using any street for the purpose of travel. (7) Vehicle shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a street, except devices moved by human power. (Ord. No. 269, 1(18-79), ) Cross reference(s)--definitions and rules of construction generally, 1-2. Sec Prohibited. No person shall unnecessarily obstruct any street, alley or other public Χη. Πγ. 4

5 thoroughfare in the city with wagons, carts, delivery trucks, motor vehicles or vehicles of any kind, or with boxes, lumber, timber, firewood, posts, awnings, signs, merchandise or other substances in any manner whatsoever, so as to prevent free passage thereon. (Code 1977, 16-5) Sec Exceptions. (a) Section shall not be construed to prohibit any person who may be engaged in building, removing or improving any building or other improvements, from occupying with lumber, stone, brick or other material, that portion of the public square, or any street or alley which is adjacent to such improvement or building; however, such material shall not occupy a space larger than one-third of the street or alley adjacent to such improvement or building, nor a space larger than thirtythree and one-third (33 1/3) feet in width on the public square from the outside of the sidewalk and parallel with same in front of such building or improvement. (b) Nothing in section shall be construed to prevent merchants and dealers from placing packages of goods, wares or merchandise, which they may be receiving or shipping, on any sidewalk, if the same do not occupy more than onehalf the width thereof, and do not remain more than six (6) hours thereon. (c) Nothing in section shall prevent merchants, dealers or auctioneers from occupying a space on the sidewalk adjoining their place of business, two (2) feet or less in width, measured from the inside of the sidewalk, and the length of the property, with signs, samples or other articles. (Code 1977, 16-6) Sec Height restriction on plants near street corners. It shall be unlawful for any person to place or cause to be placed any plant having a height greater than three (3) feet above the level of the center of the nearest abutting street on or in that portion of any corner lot in the city, which portion is included in a triangle on the street corner of the lot formed by a diagonal line intersecting the property lines at points twenty (20) feet from the street corner intersection of the lines. (Ord. No. 269, 1(18-80), ) Χη. Πγ. 5

6 Sec Certain objects prohibited in sidewalk areas. It shall be unlawful for either the owner or the occupant of any corner lot in the city to place, maintain or permit or cause to placed or maintained any plant having a height greater than three (3) feet above the level of the center of the nearest abutting street on or in that area which lies between the property lines of such corner lot and the curb lines of streets abutting such property lines and which area extends for a distance of fifty (50) feet back from the intersection of the curb lines of such abutting streets. (Ord. No. 269, 1(18-81), ) Sec Obstructing free passage in sidewalk areas. It shall be unlawful for either the owner or the occupant of any lot in the city to place, maintain or permit or cause to be placed or maintained any tree, plant, or object, on or in the area between the property line thereof and the curb line of any street abutting such property line in such a way as to obstruct the free passage on and use of that area by the public. (Ord. No. 269, 1(18-82), ) Sec Near fire hydrants. It shall be unlawful for either the owner or the occupant of any property in the city to place, maintain or permit or cause to be placed or maintained thereon any tree, plant, or object within five (5) feet of any fire hydrant in the city. (Ord. No. 269, 1(18-83), ) Cross reference(s)--fire prevention and protection, ch. 7; traffic and vehicles, ch. 18. Sec Minimum clearance of trees--in sidewalk areas. It shall be unlawful for the owner or occupant of any property in the city to maintain or permit limbs of trees growing thereon to overhang or grow above the area between his property line and the curb line of any abutting street, unless such limbs and all branches and foliage thereon are kept trimmed and pruned to a minimum clearance of eight (8) feet above the street level at the nearest curb line. (Ord. No. 269, 1(18-84), ) Χη. Πγ. 6

7 Sec Same--Correction of violations. It shall be the duty of the chief of police to cause notice to be served upon the owner or occupant of any property upon which any violation of section exists to correct such violation within ten (10) days after service of such notice. If such condition is not corrected or remedied or caused to be corrected or remedied by such person by the end of such ten-day notice, the city manager is authorized and directed to cause the tree or plant or part thereof constituting such violation to be so trimmed, pruned or removed as to eliminate the prohibited condition. (Ord. No. 269, 1(18-85), ) Sec Authority to trim, remove, etc. The city manager is authorized to remove, or cause to be removed, any trees or plants found between the opposite curb lines in any street in the city and to trim branches, limbs or foliage of any tree or plant which overhangs or grows above the area which lies between the opposite curb lines of any street, so as to provide a minimum clearance of eight (8) feet above the street level at the curb line and so as to be graduated toward the center of the street to a clearance of twelve (12) feet above the street level at the center of the street. (Ord. No. 269, 1(18-86), ) Sec Certain fences prohibited. It shall be unlawful for any person to construct or replace, or cause to be constructed or replaced, any fence having a height greater than three (3) feet above the level of the center of the nearest abutting street on or in that portion of any corner lot in the city, which portion is included in a triangle on the street corner of the lot formed by a diagonal line intersecting the property lines at points twenty (20) feet from the street corner intersection of the property lines. (Ord. No. 269, 1(18-87), ) Cross reference(s)--buildings and building regulations, ch. 4. Χη. Πγ. 7

Chapter 28 - PARKS AND RECREATION

Chapter 28 - PARKS AND RECREATION State Law reference County authority to regulate parks, Wis. Stats. 27.05; county exercise of municipal powers regarding county parks, Wis. Stats. 27.075; county authority