§ 40-50. 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) of this section.

(b)

Exceptions. The prohibition of Subsection (a) of this section shall not apply to the following:

(1)

Temporary encroachments or obstructions authorized by street privilege permit under Section 10-108 pursuant to Wis. Stats. § 66.0425.

(2)

Building materials for the period authorized by the Common Council, or its designee, which shall not obstruct more than one-half of the sidewalk or more than one-third of the traveled portion of the street and which do not interfere with the flow in the gutters.

(3)

Excavations and openings permitted under Sections 40-48 and 40-49.

(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) of this section.

(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. The following shall be the restrictions for use of sidewalks or streets:

(1)

Except as otherwise provided herein, no person 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 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 $500,000.00 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 ensured.

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 person may apply to the Common Council for a permit to advertise, display, vend, sell or deal in his particular goods, wares, merchandise or service on the sidewalk or street adjoining his place of business. 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 one year, commencing on January 1 of each calendar year. No permit shall be issued except upon approval by the Director of Public Works, Chief of Police and by the Fire Chief and upon payment of an applicable fee in the amount established by the Common Council and made available in the City Clerk-Treasurer's office. Permits are not transferable.

(3)

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 ten days. No permit shall be issued, except upon approval by the Director of Public Works, Chief of Police and by the Fire Chief, and upon the payment of an application fee in the amount established by the Common Council and made available in the City Clerk-Treasurer's office.

(4)

The permit may be revoked by the Common Council, Director of Public Works, Mayor, Building Inspector/Zoning Administrator, Fire Chief or any City law enforcement officer ("City enforcement officials") at any time when one or more of the requirements of this section are not complied with or if he determines that the placement of the fixture 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) of this section respectively, the Common 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 ten calendar days from receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the City Clerk-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 Clerk-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.

(Code 1991, § 6-2-5)