Village of Fox Point, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Fox Point as §§ 5.07 to 5.16 of the 1961 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 738.
Trees, shrubs and other plant material — See Ch. 310.

§ 292-1 Events using Village streets.

Before any athletic event, run, walk, or related events using Village streets can be held, sponsors shall obtain a permit from the Village Board. The applicant shall pay a fee set by the Village Board from time to time and shall obtain an insurance rider acceptable to the Village Attorney and shall name the Village on the applicant waiver. Upon written request, the Village Board may waive the fees and costs that would otherwise apply for a parade held on or within seven days of the last Monday in May, if the Village Board finds that the purpose of the parade is to recognize Memorial Day, and to honor and remember those who have died in war and similar conflicts in service to our Village and to our nation.

§ 292-2 Debris on streets and sidewalks.

A. 
Littering. No person shall deposit, cast, or throw or permit to be blown or fall onto any street, including the ditch and entire area of a street between the lot lines, whether or not paved or improved in any manner, or onto any pedestrian walk, public way or other public property, any ashes, dirt, mud, paper, tin cans, bottles, glass, twigs, shrubs, leaves, grass clippings, construction waste, garbage, or other rubbish, litter, or offensive or nauseous materials. The operator of any vehicle shall cause every person in the vehicle to comply with the provisions of this subsection, and a violation of this subsection by any person in a vehicle shall also constitute a violation by the operator thereof. In the event a truck, automobile or other vehicle is parked the person who was the operator thereof at the time it was parked shall for the purposes of this section be considered the operator thereof while it is parked.
B. 
Cleaning and maintenance by abutting owner. If ownership, occupancy, or use of any property contributes to an unsightly, unclean, or unmaintained appearance or condition of abutting Village owned property, or if an owner or occupant employs or uses abutting Village property for the benefit of their property, it shall be the duty of both the owner or occupant of any property to remove from the lot line to the center of any street, pedestrian walk, or other public way on which their property abuts, any ashes, dirt, mud, paper, tin cans, bottles, glass, twigs, shrubs, leaves, construction waste, garbage, or other rubbish, litter, or offensive or nauseous material.
C. 
Cleaning by Village at expense of owner. The Director of Public Works/Village Engineer shall, from time to time, make personal inspection of all streets, pedestrian walks and other public ways in the Village to see that they are clean, and in case of the failure of any owner or occupant to comply with the provisions of this section, the Director of Public Works/Village Engineer shall cause the material to be removed, keeping an accurate record of the cost incurred by the Village in effecting such removal, and shall then mail or deliver a bill for such work to the owner and to the occupant of the premises, which bill shall carry thereon a notation that unless the same is paid within 30 days from the end of the month in which the bill is mailed or delivered, the amount thereof will be certified and levied as a special tax against the premises in the next succeeding tax roll, and collected as other taxes are collected.
D. 
Sand on icy streets. The provisions of this section do not apply in respect to sand or ashes placed on any street, pedestrian walk or other public way to make the same safe for vehicular or pedestrian travel where necessary because of ice or snow.
E. 
Placing rubbish for collection. The provisions of this section do not apply to the placing of materials for collection by the Department of Public Works in its regular collection of rubbish, and in conformity with such rules and regulations in respect thereto as may be issued by the Director of Public Works/Village Engineer from time to time.
F. 
Construction materials. It shall not be a violation of this section if materials are strewn, spilled or carried onto any street, pedestrian walk or public way during the course of performing any work or labor on property, provided that such materials are removed prior to 6:00 p.m. of each day. It shall not be a violation of this section to leave any dirt piled on a street, pedestrian walk or other public way during the course of excavating for the installation of a sewer, water or gas main, or underground electric wires or cables, and the similar piling of gravel or material to be used in filling such excavation, provided such excavation and materials are adequately marked by barricades and lights to warn and protect the public, a proper permit for such excavation has been obtained, the excavation is promptly made and filled and any such materials so piled are removed from the street, pedestrian walk or other public way prior to 6:00 p.m. of the day following the completion of the filling of the excavation.
G. 
Responsibility for employees and subcontractors. Any person performing any work or labor in the Village shall be responsible for any violation of this section by him/her or by his/her agent or employee. A subcontractor and the agents and employees of a subcontractor for the purposes of this section shall be considered agents or employees of the principal contractor.

§ 292-3 Permit for gas lines in streets.

A. 
Permit required. Prior to the installation of any mains, services or equipment in the Village for the transmission or distribution of gas, a permit shall be obtained, which permit is subject to and conditioned upon observance of the provisions of this chapter.
B. 
Permit; gas mains. A permit for the installation of gas mains, services or equipment in the streets of the Village, exclusive of house connections, shall be obtained from the Director of Public Works/Village Engineer, for which a fee as described in Chapter 63 of this Code shall be paid to the Village prior to the issuance of the permit.
C. 
Permit; house connections. A permit for the installation of house connections for gas service in the Village shall be obtained from the Director of Public Works/Village Engineer, for which a fee as described in Chapter 63 of this Code shall be paid to the Village prior to the issuance of the permit.
D. 
Conditions of permit. The permit shall, and by applying for and receiving a permit, the applicant shall be deemed to have agreed to be responsible for and save the Village harmless from any and all claims, damage or expense incidental thereto resulting from damage or expense on account of injury to person or property negligently caused by the applicant in the prosecution of the work done under such permit. All obstructions, openings and other hazards shall be suitably guarded with barricades and red lights to protect the public. No street or walk shall be blocked unless special permission in writing is granted by the Director of Public Works/Village Engineer or his representative. No driveway shall be blocked unless permission in writing is granted by an occupant of the property served by the private driveway. In case permission is granted thus temporarily to block a street or driveway, the applicant shall notify the Police Department prior to actually blocking the street or driveway.
E. 
Time limit; liability to Village. The Director of Public Works/Village Engineer and the Plumbing Inspector shall specify in each permit the time within which such work shall be completed, and the permittee shall be liable for any damages incurred by the Village, including, without limiting the type of damage by this enumeration, increased cost to the Village due to inability to perform the necessary road work or to install public improvements, whether to be performed by Village employees or by independent contracts.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Costs to Village; billing. The cost of road repairs made by the Village road crew and the cost of inspection by the Director of Public Works/Village Engineer or his duly authorized representative will be billed to the applicant at the end of each month.
G. 
Emergencies. A person may install a main, service or equipment in the Village for the transmission or distribution of gas without having obtained a permit in the case of an emergency, in which event a permit shall be applied for within one week after commencement of such installation.

§ 292-4 Excavations for gas lines.

A. 
Excavation. All gas mains, exclusive of house connections, shall be located in accordance with the plans and specifications which shall have been first submitted to and approved by the Director of Public Works/Village Engineer. Trenches shall be excavated to a sufficient width to permit laying the main and placing the backfill in a satisfactory manner, using care to avoid damage to conduits, pipes, trees, plantings and other improvements which may be encountered. The work shall be done in accordance with reasonable suggestions made from time to time by the Director of Public Works/Village Engineer or his representative. Whenever obstructions are encountered, the applicant shall do all work necessary to support and protect them, and shall repair all damage that may result from the work.
B. 
Depth of main. So far as practicable, the main shall be laid to be a uniform depth of two feet below the existing road surface, and to two feet below the established grades across the full width of intersecting streets. In all cases, a record shall be kept of the elevation of the main at the center and sides of intersecting streets at one-hundred-foot intervals between such points and at all changes in grade, including dips or rises, obstructions, drainage ditches, etc. The main shall be laid to a greater depth where, in the judgment of the Director of Public Works/Village Engineer or his representative, the road grade will be lowered in the near future. Within 30 days after completion of the work, a copy of this record shall be filed with the Director of Public Works/Village Engineer, and by him with the Village Clerk/Treasurer, as an official Village record.
C. 
Refilling. Material for refilling trenches shall be limited to materials that can be suitably compacted. Where the trench is in a road with gravel or macadam surface, or in the shoulder of roads, the trench shall be backfilled with sand or gravel approved by the Director of Public Works/Village Engineer or his representative. The backfill in the shoulder of the roads may be made with the materials excavated where suitable means are employed to consolidate it to the satisfaction of the Director of Public Works/Village Engineer.
D. 
Removal of refuse. All excess excavated materials and any refuse of any kind resulting from the work shall be removed as the work progresses. The areas affected by the work shall be left in as good condition as they were before the work was commenced.
E. 
House connections. Installations of house connections for gas service shall also conform to the regulations prescribed above for installation of gas mains. References to the Director of Public Works/Village Engineer or his representative shall, with respect to house connections for gas service, be deemed to refer to the Plumbing Inspector.

§ 292-5 Roadway excavation restoration.

A. 
Backfill of roadway shall be No. 1 slurry, beneath any pavement, horizontally to a maximum distance of five feet beyond the edge of the pavement, and vertically to within four inches of the top of the pavement; hot mix asphalt road patch, four-inch thickness; dirt restoration with seed and mulch; and three-eighths inch granular TB shoulder material. Restoration shall be completed before street deposit is returned.
B. 
No permanent hot mix asphalt repair of asphalt pavement may be made during the period October 1 through April 30 without permission of the Director of Public Works/Village Engineer. Absent that permission, a temporary asphalt pavement repair is to be made and maintained, with permanent repair completed during the following May 1 through May 31.
C. 
Contractor is responsible for notifying the Village when the restoration is completed and ready for inspection.

§ 292-6 Housing numbering.

A. 
Issuing numbers. The Village Clerk/Treasurer, upon request, shall advise as to the numbers available for any given home site in the Village of Fox Point.
B. 
New buildings. The form of application for a building permit for a residence in the Village shall contain an agreement to be entered into by the applicant whereby he agrees that there will be provided for the residence an appropriate house number plate or sign, readily observable from the public highway, which will be installed not less than 15 days after the residence is occupied.[1]
[1]
Editor's Note: Original Section 5.12(3), Penalty, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 292-7 Removal of snow and ice.

Persons engaged in snow and ice removal shall not push, plow, or blow the same onto or across Village streets. Snow and ice shall be placed or deposited upon the private property of the owner or resident causing such placement or deposit, or upon the right-of-way abutting the same property from which it was removed.

§ 292-8 Removal of leaves and yard waste.

Persons engaged in gathering leaves and yard waste shall not place or blow the same onto or across Village streets. Leaves and yard waste shall be placed or deposited upon the private property of the owner or resident causing such placement or deposit, or upon the right-of-way abutting the same property from which it was removed. This subsection shall not apply when leaves and yard waste are blown from the originating property of placement or deposited by wind.

§ 292-9 Permits; required deposits.

A. 
Deposits required. The following deposits are required prior to the issuance of any permit required for performance of such work in the right-of-way, or upon a Village street or sidewalk, unless the work to be performed is exempted from permits under superseding state law; the work to be done in the right-of-way or upon Village streets or sidewalks does not require a permit under any applicable statute, regulation, or ordinance; or the work is to be performed by a utility or other similar entity referred to within § 66.0425(6), Wis. Stats., or on behalf of such a utility or entity by its contractor:
(1) 
For street excavation, pavement: $1,000.
(2) 
For street excavation, not in roadway: $500.
(3) 
For excavating through a public sidewalk: $500.
(4) 
For crossing storm sewers, underground stormwater drains or concrete-inverted ditches: $1,000.
B. 
All listed deposits are minimum requirements and can be increased at the discretion of the Director of Public Works/Village Engineer when, in his opinion, extra hazard is involved.
C. 
Not less than 180 days after proper completion of the work (which includes restoration of the excavated area to its prior condition) for which the permit was issued, the deposit shall be returned unless, in the opinion of the Director of Public Works/Village Engineer or designate, it shall be necessary to correct, complete, or supplement the work, in which event said deposit or any part thereof may be retained to pay the cost of the correction, completion or supplement of the work without prejudice to any right or remedy which the Village of Fox Point may have against the person or persons doing such work.

§ 292-10 Enforcement.

Violations of this chapter shall be subject to enforcement or prosecution as provided in § 1-4 of the Village Code.