[HISTORY: Adopted by the Village Board of the Village of Webster 3-13-1986
as Title 4, Chs. 1 and 2; Title 7, Ch. 9; and Sec. 9-2-6 of the 1986 Code.
Amendments noted where applicable.]
A.
Grades to be established. The grade of all streets, alleys
and sidewalks shall be established by resolution by the Village Board and
the same recorded by the Village Clerk-Treasurer 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.
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 and 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
of the sidewalk 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 Director
of Public Works shall, upon application by the respective owners for a sidewalk
grade, cause such sidewalk grade to be established. The cost of furnishing
such grade shall be borne by the village.
No person shall alter the grade of any street, alley, sidewalk or public
ground or any part thereof in the village by any means whatsoever unless authorized
or instructed to do so by the Village Board. All such alterations of grade
shall be recorded in the office of the Clerk-Treasurer or the officer authorizing
the alteration.
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 Village
Board, the Board may cause the same to be done and report the cost thereof
to the Village Clerk-Treasurer, who shall spread the cost on the tax roll
as a special tax against the premises, or such cost may be recovered in an
action against the owner or occupant.
A.
Owner to construct. It shall be the duty of the abutting
owner to build, repair, construct and perpetually maintain sidewalks along
or upon any street, alley or highway in the Village of Webster and to pay
the entire cost of construction thereof. Whenever the Village Board shall
by resolution determine that a sidewalk be laid, rebuilt, repaired, lowered
or raised along or upon any public street, alley or highway within the village,
it shall proceed according to § 66.0907, Wis. Stats. Sidewalks shall
be located in such places as designated by the Village Board. No person shall
remove any sidewalk without the permission of the Village Board.
B.
Permit required. No person shall hereafter lay, remove,
replace or repair any public sidewalk within the village unless he is under
contract with the village to do such work or has obtained a permit therefor
from the Clerk-Treasurer at least seven days before work is proposed to be
undertaken. No fee shall be charged for such permit.
C.
Specifications. All sidewalks within the village hereafter
shall be repaired, rebuilt and constructed in accordance with the following
specifications:
(1)
Subgrade. The subgrade shall be prepared by excavating
to the line, grade and cross section as established by the Village Board and
approved by the Village Board. Soft and unsuitable material shall be removed
and replaced with sand or other satisfactory material, and the subgrade shall
be thoroughly and uniformly compacted and moistened immediately before the
concrete is placed. When so specified by the Director of Public Works a subbase
of sand, sand and gravel or other approved porous material shall be placed
under the sidewalk. On embankments the subgrade shall extend at least one
foot beyond each edge of the sidewalk.
(2)
Material. All sidewalks shall be of air-entrained concrete
composed of six bags per cubic yard of one course construction and built to
the established line and grade. Gravel shall be of good quality. Concrete
shall be mixed thoroughly for a minimum of one minute after all materials
have been placed in the mixer.
(3)
Forms; slope; joints and edges.
(a)
Forms. 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.
Wood forms shall be surfaced plank of at least two inches thickness except
for sharply curved sections. Metal forms shall be of approved section. The
forms shall be of full depth of the required walk and shall be of such design
as to permit secure fastening. Forms shall be thoroughly cleaned and oiled
before the concrete is placed against them. 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 with wooden flats.
(b)
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 one-fourth-inch-radius edging
tool. Sidewalks shall be constructed within the limits of the street, and,
unless otherwise specifically indicated, there shall be one-foot strip of
street property left between the property line and the edge of the sidewalk.
(4)
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, provided that
walks in residential areas may be repaired or replaced to a width not less
than the existing width on the effective date of this section. Sidewalks in
front of commercial or industrial establishments shall be not less than five
feet in width and five inches in thickness, except within driveway approaches,
where the minimum thickness shall be seven inches.
(5)
Finishing. Before the last finish has set, the sidewalk
shall be steel troweled and brushed in transverse direction. Before the final
finishing, the surface shall be checked with a ten-foot straight edge, and
any areas departing more than 1/8 inch from the testing edge shall be corrected
by adding or removing concrete while the concrete in the walk is still plastic.
(6)
Jointing. Transverse, full depth, one-half-inch-thick
expansion joints of premolded expansion material shall be located every 40
feet and at the property line and where the walk intersects another walk,
curbline, building or driveway approach and at buildings, walls, poles and
stop boxes. The expansion joint material shall be placed in a neat and workmanlike
manner with its upper edge slightly below the finished sidewalk surface. Dummy
groove joints for controlled cracking, at least 3/8 inch in thickness and
5/16 inch in depth, shall be placed at intervals of approximately four feet.
All joints shall be at right angles to the direction and grade of the walk.
Diagonal joints may be used only when approved by the Director of Public Works.
(7)
Curing and drying. As soon as any of the concrete work
hereinbefore 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 Specs. 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.
Walks shall be kept free from all traffic at normal temperatures for 48 hours
and in cold weather (below 50° F.) for 96 hours. No concrete shall be
poured when the temperature may be expected to fall below 35° F. in any
seventy-two-hour period or upon frozen subgrade.
D.
Sidewalk repair or replacement. Pursuant to § 66.0907,
Wis. Stats., the Village Board may order property owners to repair or remove
and replace any sidewalk which is unsafe, defective or insufficient. If the
property owner shall fail to so repair or remove and replace such sidewalk
for a period of 20 days after service of the notice provided in § 66.0907(3)(c),
Wis. Stats., the Village Board shall repair or construct such sidewalk and
the Village Clerk-Treasurer shall enter the total cost thereof upon the tax
roll as a special tax against said lot or parcel of land.
E.
Unsafe sidewalks. The Village Board may at any time,
by ordinance or resolution, order any sidewalk which is unsafe, defective
or insufficient to be removed and replaced with a sidewalk in accordance with
the standard specifications provided for in this section.
F.
Construction and repair of concrete curb and gutter.
The provisions of § 66.0703, Wis. Stats., shall be followed in the
case of the construction and repair of concrete curb and gutter, provided
that the property deemed benefited by said construction and repair shall pay
100% of the costs thereof.
A.
Permit required. No person, partnership or corporation,
or his or its 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 ground, public sidewalk or village-owned easement within the Village
of Webster without a permit therefor from the Director of Public Works or
Clerk-Treasurer.
B.
Fees. The fee for a street opening permit shall be as
established by the Village Board. The fee shall be paid to the Clerk-Treasurer,
who shall issue a receipt therefor.
C.
Insurance required. A permit shall be issued only upon
condition that the applicant submit to the Director of Public Works or Clerk-Treasurer
satisfactory written evidence that the applicant has in force and will maintain
during the time the permit is in effect public liability insurance of not
less than $100,000 per one person and $300,000 for one accident and property
damage coverage of not less than $50,000.
D.
Bond.
(1)
Before a permit for excavating or opening any street
or public way may be issued, the applicant must execute and deposit with the
Village Clerk-Treasurer an indemnity bond, approved by the Village President,
in the sum of $5,000, conditioned that he will indemnify and save harmless
the Village of Webster 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 Village Board for a period of one year and that
he will pay all fines imposed upon him for any violation of any rule, regulation
or ordinance governing street openings or drain laying adopted by the Village
Board 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 village. Such bond shall also guarantee that if the village 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.
(2)
Recovery on such bond for any accident, injury or violation
of law, ordinance, rule or regulation shall not exhaust the bond, but it shall
cover any and all accidents, injuries or violations during the period of excavation
for which it is given.
(3)
Whenever the Village Board shall find that any such work
has become defective within two years 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 Village Board 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 village for the cost of doing
the work as set forth in the notice.
(4)
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 Village Board as necessary to adequately protect the public and the
village.
A.
Frozen ground. No openings in the streets, alleys, sidewalks
or public ways shall be permitted when the ground is frozen except where it
is deemed necessary by the Director of Public Works.
B.
Removal of paving. In any opening or excavation all paving
or ballasting materials shall be removed with the least possible loss of or
injury to surfacing materials and together with the excavated materials from
the opening shall be placed so as to cause the least practicable inconvenience
to the public and permit the free flow of water along gutters.
C.
Protection of public.
(1)
Every opening and excavation shall be enclosed with sufficient
barriers. Sufficient warning lights shall be kept on from sunrise to sunset.
Such lights shall be spaced so as to give adequate warning of the existence
of the opening and of piled excavated materials. No open flame warning pots
shall be used. Except by special permission from the Director of Public Works,
no trench shall be excavated more than 250 feet in advance of pipe or conduit
laying nor left unfilled more than 500 feet 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 village 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.
D.
Replacing street surface. In opening any public street,
public alley, public sidewalk, public way, public easement or public ground,
the paving materials, sand, gravel and earth or other material moved or penetrated
and all surface monuments or hubs must be removed and replaced as nearly as
possible in their original condition or position and the same relation to
the remainder as before. Any excavated material which in the opinion of the
Director of Public Works is not suitable for refilling shall be replaced with
approved backfill material. All rubbish shall be immediately removed. In refilling
the opening, the earth must be puddled or laid in layers not more than six
inches in depth and each layer rammed, tamped or flushed to prevent after-settling.
When the sides of the trench will not stand perpendicular, sheathing and braces
must be used to prevent caving. No timber, bracing, lagging, sheathing or
other lumber shall be left in any trench. The village may elect to have the
opening for any street or sidewalk repaired by the village, in which case
the cost of making such repair and of maintaining it for one year shall be
charged to the person making the street opening.
E.
Notice. It shall be the duty of the permittee to notify
the Director of Public Works or Village Clerk-Treasurer and all public and
private individuals, firms and corporations affected by the work to be done
at least 24 hours before such work is to commence. The Director of Public
Works shall also be notified at least four hours prior to backfilling and/or
restoring the surface.
F.
Validity of permit. Unless the work shall be commenced
within 30 days of the issuance of the permit, the permit shall be void and
a new permit must be obtained and an additional fee charged. The Director
of Public Works may extend the time limitation for good cause.
G.
Backfilling. It shall be the duty of the permittee to
backfill the opening immediately upon completion of the work and to place
at least five inches of traffic bind or similar material in the opening unless
otherwise advised by the Director of Public Works. It shall be the duty of
the permittee to maintain the opening in good condition for a period of six
months after the completion of the work or until the surface has been restored.
The Director of Public Works shall decide when, within said six-month period,
the opening is ready for paving if a paving surface is required. If the surface
is not restored within a period of 10 days or such longer period as determined
by the Director of Public Works, the village may restore the surface and bill
the permittee therefor.
H.
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 may 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.
I.
Excavation in new streets limited. Whenever the Village
Board 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 Village Board, the Director of Public Works shall notify in writing
each person, utility, village department 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 Village Board an emergency exists which makes it absolutely
essential that the permit be issued.
J.
Application for permit. The application for a permit
shall be in writing and signed by the applicant or his agent. The applicant
shall submit to the Director of Public Works, 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 the applicant proposes
to use in doing the work. The Director of Public Works shall determine if
sufficient information is submitted.
K.
Exception. The provisions of this section shall not apply to excavation work done under the direction of the Director of Public Works by village employees or contractors performing work under contract with the village, except that the safety precautions under Subsection C hereof shall be complied with.
A.
Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in Subsection B.
B.
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1)
Signs or clocks attached to buildings which project no
more than six feet from the face of such building and which do not extend
below any point 10 feet above the sidewalk, street or alley.
(2)
Awnings now built and extending over any sidewalk at
a height of less than seven feet above the sidewalk, street or alley.
(3)
Public utility encroachments duly authorized by state
law or by the Village Board.
(4)
Goods, wares, merchandise or fixtures being loaded or
unloaded which do not extend more than three feet on a sidewalk, provided
such goods, wares, etc., do not remain thereon for more than two hours.
(5)
Temporary encroachments or obstructions authorized by permit under § 259-8 of this chapter pursuant to § 66.0425, Wis. Stats.
(6)
Building materials for the period authorized by the Village
Board 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
flow in the gutters.
C.
Obstructing streets. No person shall stand, sit, loaf
or loiter or engage in any sport or exercise on any public street, bridge
or public ground within the village in such manner as to prevent or obstruct
the free passage of pedestrian or vehicular traffic thereon or to prevent
or hinder free ingress or egress to or from any place of business or amusement,
church, public hall or meeting place.
D.
Blocking sidewalk prohibited. No person shall block any
sidewalk by obstructing the same so that it is impossible for a pedestrian
to travel along the sidewalk without leaving the sidewalk and walking on adjacent
property or on the street.
E.
Free speech. This section shall not be interpreted as
prohibiting any person from stopping on any sidewalk to talk or to make a
speech, provided that such person shall not stand in such a location that
it is impossible for any pedestrian to travel along the sidewalk without leaving
the sidewalk and walking on adjacent property or on the street. If two or
more persons are engaged in talking while stopped on a sidewalk, they shall
not stand in such locations as to completely prevent any pedestrian from passing
them on the sidewalk.
F.
BLOCK
SIDEWALK
Definitions. As used in Subsections C, D and E, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
To interfere with unobstructed travel by any means, including but
not limited to standing on the part of the walk that is fit for travel or
placing any object or vehicle whatsoever on such walk.
Any sidewalk owned or maintained by the village. The term shall not
include sidewalks or walkways on private property in shopping centers, apartment
complexes, office building sites or any other private property.
A.
When required. Permits for the use of the streets, alleys,
sidewalks or other public ways or places of the village may be granted to
applicants by the Director of Public Works 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.
B.
Bond. No street privilege permit shall be issued until
the applicant shall execute and file with the Village Clerk-Treasurer a bond
in an amount determined by the Village Board, not exceeding $10,000, conditioned
that the applicant will indemnify and save harmless the village 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 village
resulting from such building or moving operations.
C.
Fee. The fee for a street privilege permit shall be as
established by the Village Board.
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 Director
of Public Works 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)
The process of moving any building or structure shall
be as continuous as practicable until completed and, if ordered by the Director
of Public Works, shall continue during all hours of the day and night.
(5)
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.
(6)
Buildings shall be moved only in accordance with the
route prescribed by the Director of Public Works.
(7)
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 direction of the Director of
Public Works.
F.
Removal by village. In addition to any other penalty
imposed, if the owner or occupant of the premises adjoining any unlawfully
obstructed sidewalk shall refuse or neglect to remove such obstruction within
24 hours after such notice from the Director of Public Works to do so, it
shall be the duty of the Director of Public Works to remove such obstruction
and make return of the costs and expenses thereof to the Village Clerk-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.
A.
Owner's responsibility. The owner, occupant or person
in charge of each and every building or structure or unoccupied lot in the
Village of Webster fronting or abutting any street shall clean or cause to
be cleaned the sidewalk in front of or adjoining each such home, building
or unoccupied lot, as the case may be, of snow or ice to the width of such
sidewalk within 24 hours after such snow has ceased to fall and shall cause
the same to be kept clear from ice and snow, provided that when the ice has
formed on any sidewalk so that it cannot be immediately removed, the persons
herein referred to shall keep the same sprinkled with salt, sawdust or sand,
provided, also, that in case snow shall continue to fall during and after
10:00 a.m., then it shall be removed within three hours of daylight after
it shall cease to fall.
B.
Village's option to clear sidewalks. In any case
where the owner, occupant or person in charge of any building or structure
or unoccupied lot shall fail to clear their respective sidewalks of snow and
ice as set forth above, then and in that event the village may elect to clear
said sidewalks as follows:
(1)
Written notice shall be personally served, delivered
or mailed by certified mail informing said person of his or her failure to
clear said sidewalk, the village's intention to clear the same and the
potential costs thereof no less than 12 hours prior to the village's
clearing said sidewalk.
(2)
The village shall clear or cause to be cleared all snow
and ice from the subject's sidewalk and shall charge the expenses of
so doing at a rate as established by resolution by the Village Board. The
charges shall be set forth in a statement to the Clerk-Treasurer, who, in
turn, shall mail the same to the owner, occupant or person in charge of the
subject premises. If said statement is not paid in full within 30 days thereafter,
the statement shall be reported to the Clerk-Treasurer, who shall enter the
charges in the tax roll as a special tax against said lot or parcel of land,
and the same shall be collected in all respects like other taxes upon real
estate, or as provided under § 66.0907(3)(f), Wis. Stats.
C.
Deposit of snow on streets or sidewalks. No person shall deposit or cause to be deposited any snow or ice taken and removed from his premises or elsewhere upon any sidewalk, alley, parkway, public place or street in the village; provided, however, that the removal of snow from a sidewalk in front of or abutting his premises, as is required by Subsection A, may be deposited on the alley or street. Snow shall not be piled at or near intersections so as to obstruct the view of pedestrians or operators of motor vehicles.
D.
Penalty. As an alternative to the remedy provided in Subsection B above, or in addition thereto, the village may impose a penalty for violation of any provision of this section, providing that the person who violates any of the provisions of this section shall forfeit and pay to the village a forfeiture of not less than $25 nor more than $500, together with the costs of prosecution for each offense. A separate offense shall be deemed committed during each day (24 hours) or part thereof during which a violation occurs or continues.
B.
Noxious weeds; paving. All that part of the clear-sight
triangle 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 Village Board or its designee.
C.
Responsibility to maintain. Every owner of land in the
village whose land abuts a clear-sight triangle is required to maintain, or
have maintained by his tenant, the clear-sight triangle directly abutting
such land as provided in this section and elsewhere in this Code. Every owner
shall keep mailboxes located on a clear-sight triangle free and clear of snow.
D.
Street rights-of-way. Any tree, shrub, hedge, fence or other obstruction planted or constructed within the right-of-way of any village street shall be done at the property owner's risk and shall be in accordance with the provisions of Chapter 274, Trees and Shrubs, of this Code. In the event any street is widened or sidewalk constructed, any such planting or obstruction shall be removed at the property owner's expense.
All vaults under sidewalks in the village shall be constructed of brick,
concrete block or poured concrete. The surface opening into the street shall
be within three feet of the outer edge of the sidewalk or the curb. The slab
over such vault shall be able to withstand a load of 250 pounds per square
foot of slab area. The owner of any lot or parcel of land adjoining such vault
shall maintain such vault and slab over in a safe condition and at his own
expense.
No downspouts from any building shall terminate on or upon or in such position that the contents of such spout shall be cast upon or flow back or over any public sidewalk in the village. When the eaves of any building extend over or are so constructed that water may fall therefrom or run back upon any public sidewalk, such eaves shall be so protected by proper spouts or otherwise that no water shall fall or drain therefrom or run back upon or over any public sidewalk. The owner or owners of any building and the officers of any association or corporation owning any building on which any spouts or the eaves thereof shall be maintained contrary to this section shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-18 of this Code.
No person shall display, sell or offer to sell, on any street, sidewalk,
alley or other public place within the village, anything of value or service
of any kind, except in connection with a village-wide enterprise or promotion
of community trade.
Requests or petitions by village property owners for new streets, curb
and gutter and sidewalks shall be presented to the Village Board on or before
November 1 to be considered for installation in the following year.
A.
Purpose. The streets in possession of the village are
primarily for the use of the public in the ordinary way. However, under proper
circumstances the Village Board may grant a permit for street use, subject
to reasonable municipal regulation and control. Therefore, this section 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 village can be protected and maintained.
B.
Application. A written application for a street use permit
by persons or groups desiring the same shall be made on a form provided by
the Village Clerk and shall be filed with the Village Clerk. The application
shall set forth the following information regarding the proposed street use:
(1)
The name, address and telephone number of the applicant
or applicants.
(2)
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.
(3)
The name, address and telephone number of the person
or persons who will be responsible for conducting the proposed use of the
street.
(4)
The date and duration of time for which the requested
use of the street is proposed to occur.
(5)
An accurate description of that portion of the street
proposed to be used.
(6)
The number of persons for whom use of the proposed street
area is requested.
(7)
The proposed use, described in detail, for which the
street use permit is requested.
C.
Representative at Board meeting. The person or representative
of the group making application for a street use permit shall be present when
the Village Board 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.
D.
Petition. The application shall be accompanied by a petition
designating the proposed area of the street to be used and the 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
in substantially the following form:
|
Petition for Street Use Permit
| |
|---|---|
|
We, the undersigned residents of the _____ hundred block of ________________
Street in the Village of Webster, hereby consent to the ___________________
recreational or business use of this street between the hours of ______ and
______ on _________ the _____ day of_______________ for the purpose of _______________
and do hereby petition the Village Board of the Village of Webster to grant
a street use permit for us to use said portion of said street for said purpose
and do hereby agree to abide by such conditions of such use as the Village
Board of the Village of Webster shall attach to the granting of the requested
street use permit.
We designate __________________________________ as the responsible person
or persons who shall sign an application for a street use permit on our behalf.
|
E.
Fees. An application for a street use permit for less
than three blocks shall be accompanied by a fee as established by the Village
Board for the permit. If the application is for three or more blocks, a fee
as established by the Village Board shall accompany the application plus a
flat user fee as established by the Village Board if traffic must be rerouted
for the street closure. If the application is for an event in which a major
activity is the sale or promotion of commercial products or services, the
application shall be accompanied by a fee as established by the Village Board
plus a flat user fee per day as established by the Village Board and the applicant
shall agree to pay within 20 days of billing all village costs incurred by
the occasion of the event. The applicant may be required to furnish a performance
bond prior to being granted the permit.
F.
Insurance. The applicant for a street use permit may
be required to indemnify, defend and hold the village and its employees and
agents harmless against all claims, liability, loss, damage or expense incurred
by the village 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 Village of Webster. The applicant may
be required to furnish a performance bond prior to being granted the permit.
G.
Termination of a street use permit. A street use permit
for an event in progress may be terminated by the Chief of Police 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 permit or ordinances of the Village of Webster. 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.
