[HISTORY: Adopted by the Common Council of the City of Shawano 4-7-1982 by Ord. No.
872 as Ch. 5 of the 1982 Municipal Code. Amendments
noted where applicable.]
(1)
The official City base or plane of reference for elevations in the
City is on file in the office of the Director of Public Works and
is fixed at a point above mean tide sea level, New York City, as ascertained
by the United States Coast and Geodetic Survey Party made in 1934.
(2)
All official elevations hereafter established in the City shall be
described with reference to their elevation as compared with the official
base in feet and decimal parts of a foot. No grade or official elevation
shall be established other than by ordinance or resolution.
(1)
Establishment. The grade of all streets, alleys and sidewalks shall
be established by the Council and shall be recorded by the Clerk-Treasurer
in his or her office. No street, alley or sidewalk shall be worked
until the grade thereof is established. The grade of all streets having
curb and gutter on the effective date of this Code are established
at the level then existing.
(2)
Altering grade prohibited. No person shall alter the grade of any
street, alley, sidewalk or public ground or any part thereof unless
authorized or instructed to do so by the Council.
[Added by Ord. No. 1004; amended by Ord. No.
1172; Ord. No.
1173; Ord. No.
1204; 5-7-2003 by Ord. No. 1554; 4-17-2007 by Ord. No. 1682; 10-10-2007 by Ord. No. 1691]
(1)
East Green Bay Street. A permit is required for the construction
of any new access driveway or the revision of any existing driveway
within the right-of-way along East Green Bay Street east of the C&NW
Railroad crossing. The permit shall be issued by the Green Bay District
Office of the State Department of Transportation.
(2)
Width. All residential or noncommercial driveways shall have a width
of between 10 feet and 24 feet. Commercial one-way driveways shall
be a maximum of 30 feet wide, and commercial two-way driveways shall
be a maximum of 60 feet wide. The maximum width of driveways split
by a common lot line would be 40 feet, with 20 feet the maximum for
each individual parcel.
(3)
Radii. The radii for residential driveways shall be a maximum of
15 feet. The radii for commercial driveways shall be a minimum of
five feet and a maximum of 30 feet.
(4)
Center line. The driveway center line shall be at right angles to
the pavement edge.
(5)
Number
of driveways. Only one driveway shall be permitted for residential
lots. A second driveway may be permitted for corner lots on the adjacent
street of the existing driveway with the approval of the Public Works
Field Committee. A typical commercial property shall be allowed a
maximum of two driveways, located at least 50 feet apart. The minimum
distance between a driveway and the nearest public road or street
shall be 50 feet. A minimum distance of 450 feet shall be required
between the center lines of entrances into shopping and similar developments
that generate high traffic volumes.
[Amended 11-10-2016 by Ord. No. 1906]
(6)
Concrete curb head. Existing curb heads shall be saw cut as directed
by the Department of Public Works. As an alternative, the existing
curb and gutter may be removed and replaced in its entirety with new
concrete gutter matching the profile shown on the attached detail
sheet. Partial removal of the curb head using a jack hammer or other
breaking equipment is not allowed.
(7)
Driveway aprons. The driveway apron within the street right-of-way
shall be constructed of concrete as directed by the Department of
Public Works.
(8)
Intersection clearance. At an intersection of a City street with
another City street, where right-of-way has been acquired to provide
sight distance, no driveway approach shall be permitted within the
frontage thereof. At any other intersection, a driveway shall be restricted
for a sufficient distance from the intersection to preserve the normal
and safe movement of traffic.
(9)
Sight distance. All entrances and exits shall be so located and constructed
that vehicles approaching or using them will be able to obtain adequate
sight distance in both directions along the roadway in order to maneuver
safely and without interfering with roadway traffic.
(10)
Control devices. No entrance or approach shall be located or constructed
so as to interfere with or prevent the proper location or functioning
of any traffic-regulating device. The applicant shall not be permitted
to erect any sign or display material, either fixed or movable, on
or extending over any portion of the City street right-of-way.
(11)
Property line offset. All driveways shall be so located that the
flared portion adjacent to the traveled way will not encroach upon
adjoining property.
(12)
Slope of drive. The maximum grade on the driveway shall not exceed
12%.
(13)
Drainage. All driveways and approaches shall be so constructed that
they shall not interfere with the drainage system of the street or
roadway. The applicant shall be required to provide, at his/her own
expense, drainage structures at entrances and exits that will become
an integral part of the existing drainage system. The Department of
Public Works, prior to installation, must approve the dimensions of
all drainage structures.
(14)
Rural sections. All rural section applicants shall purchase, install and maintain a culvert sized by the Director of Public Works. The ditch area shall be maintained to ensure proper drainage. At no time shall the ditch area be filled except for driveway sections as per § 5.04(4).
(15)
Exceptions. Special conditions for driveways entering specific establishments
may be considered. Traffic volumes, the number of entrances, the size
of the parking area, the length of the storage lanes for traffic entering
and leaving the establishments and the internal traffic pattern are
all items that would be reviewed prior to the granting of any special
permit.
(16)
Patron parking curb cut. In areas where existing conditions exist
where a combination of public right-of-way and private property are
used for public parking, a mountable curb can be maintained and replaced
if necessary. This type of curb cut will not be allowed for any new
building or development.
[Added 6-7-2017 by Ord.
No. 1920[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
(16) as Subsection (17).
(17)
Variance request. If any person desires to obtain a variance from
the provisions of this section, said person shall take such request
to the Field Committee, which Committee shall have the authority to
approve or disallow the requested variance, with said action to be
taken at a regularly scheduled Field Committee meeting.
[Amended by Ord. No. 1011; Ord. No. 1014]
(1)
Permit.
(a)
Required. No person shall make or cause to be made any excavation
or opening in any street, alley, highway, sidewalk or other public
way within the City without first obtaining a permit therefor from
the Director of Public Works. A copy of the permit shall be kept at
the work site and shall be provided for examination by City inspection
personnel upon request.
[Amended 10-10-2007 by Ord. No. 1691]
(b)
Exemption. A permit from the Director of Public Works shall not be
required for any excavation or opening in any street, alley, highway,
sidewalk or other public way when a "permit to excavate and/or fill
on highway right-of-way" has already been obtained from the State
Department of Transportation for the proposed work.
(2)
Fee. The fee for a street opening permit shall be as set by Council
resolution and shall be paid to the Director of Public Works, who
shall issue a receipt therefor. In the event that a barricade is provided
by the City for any street opening, the City shall charge a barricade
fee as set by Council resolution.
[Amended 12-8-1999 by Ord. No. 1438; 6-8-2011 by Ord. No. 1785]
(3)
Bond.
(a)
Required. Before a permit for excavating or opening any street or
public way may be issued, the applicant must execute and deposit with
the Clerk-Treasurer an indemnity bond, approved by the City Attorney,
in the sum of $5,000 conditioned that he or she will indemnify and
save harmless the City and its officers from all liability for accidents
and damage caused by any of the work covered by his or her permit,
and that he or she 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 or she may make as near
as can be to the state and condition in which he or she found it,
and keep and maintain the same in such condition, normal wear and
tear excepted, to the satisfaction of the Director of Public Works
for a period of one year, and that he or she will pay all forfeitures
imposed upon him or her for any violation of any rule, regulation
or ordinance governing street openings or drainlaying adopted by the
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 violations during the period of excavation for which it is given.
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 Council as necessary to adequately protect the public and the
City.
(b)
Exemption. As provided in W.S.A. s. 66.045(6), public service corporations
or cooperative associations organized under W.S.A. Ch. 185 to render
or furnish telephone, gas, light, heat or power shall be exempt from
the requirement to furnish a bond.
(4)
Insurance. Prior to commencement of excavation work, a permittee
must furnish the Director of Public Works satisfactory written evidence
that he or she has in force and will maintain during the life of the
permit and the period of excavation, public liability insurance of
not less than $100,000 for one person, $300,000 for one accident and
property damage insurance of not less than $50,000.
(5)
Regulations governing street and sidewalk openings.
(a)
Frozen ground. No opening in the streets or sidewalks for any purpose
shall be permitted when the ground is frozen, except where necessary,
as determined by the Director of Public Works.
(b)
Removal of paving. In opening any street or other public way, all
paving or ballasting materials shall be removed with the least possible
loss of or injury to surfacing material and, together with the excavated
material from trenches, shall be placed so as to cause the least practicable
inconvenience to the public and permit free flow of water along gutters
and drainageways.
(c)
Protection of public.
1.
No part of the work operations shall be commenced until warning signs,
devices and methods adequate to protect the public are established
in place and fully functional. Warning signs and devices shall conform
to the appropriate sizes, designs and arrangements specified within
the Wisconsin Department of Transportation Manual of Traffic Control
Devices, current edition. It shall be the responsibility of the permittee
to provide and maintain at least the quantity of signs and devices
therein described, but to also supplement those with such additional
signs, devices and flagmen as are necessary to functionally protect
persons and property from injury or damage at all times and under
all conditions, including changed or changing conditions. Warning
signs, devices and methods shall be in place and protectively functional
prior to the commencement of any of the permitted works within the
limits of the public street right-of-way and shall protect the public
until all permit-associated works are completed.
2.
The permittee agrees to indemnify and hold harmless the City, its
employees, agents and officers from any cost, claim, suit, liability
or award which might come to be brought or assessed because of the
issuance or exercise of the permit to excavate in the public street
right-of-way, or because of any adverse effect upon any person or
property attributed to the partially or entirely completed works of
the permittee. Accomplishment of the permitted work, or of any part
thereof, by or on behalf of the permittee shall bind the permittee
to abide by this permit and all the conditions and provisions therein.
3.
Vehicles, equipment and materials shall be so regulated by the permittee
as to assure consistently safe conditions. Particular care shall be
exercised at all times to assure a safe traffic environment at and
near the site of the work. These requirements pertain while the work
operations are in active progress, as well as during periods of work
shutdown. Any discovered violation of this permit, and particularly
as regards any failing to maintain a safe traffic and general public
environment, will require an immediate cure by the permittee of the
fault discovered, could result in an order by the City to stop further
progress of the work and might result in revocation of the permit
and expulsion from the public street right-of-way.
(d)
Existing facilities. It shall be the responsibility of the permittee
to determine the location of, and protect or cause to be protected
from any damage, any facilities already in place in the area to be
influenced by the permitted work. All notifications of others are
likewise a responsibility of the permittee.
(e)
Subsurface restoration. Any permitted excavation within the limits
of any normal public street right-of-way shall be backfilled with
suitable granular material. Excavated material may be used as backfill
material unless the Director of Public Works deems it unsuitable,
in which case it shall be replaced with approved backfill material.
Backfill shall be placed in lifts or layers 12 inches or less each
in depth and compacted mechanically to the compaction of the adjacent
and undisturbed ground or material. Water flooding and the use of
moisture in excess of necessity to facilitate mechanical compaction
are expressly prohibited. Any subsequent heaving, settling or other
faultings attributable to the permitted works shall be repaired to
the satisfaction of the Director of Public Works at the permittee's
expense. Temporary sheeting and shoring shall be used as necessary
to prevent soil caving in trenches and tunnels. Sheeting and shoring
must be removed before backfill operations may begin.
(f)
Surface restoration.
1.
Any curb, gutter, pavement, sidewalk, terrace, driveway, gravel base,
ballast or shouldering material or other element of the public street
right-of-way or facility disturbed by the permitted works shall be
restored in kind to the qualities, grades, compactions and conditions
at least equal to those prevailing ahead of the permitted work operations
and all to the satisfaction of the Director of Public Works.
2.
The topmost surface of any backfilled excavation which lies in the
paved portion of the public street right-of-way shall be maintained
in such a manner as to pose no hazard to safe traveling. It shall
be the responsibility of the permittee to maintain the excavation
to the satisfaction of the Director of Public Works for a period of
one year following the completion of the permitted works.
3.
Pavement disturbed or removed during the excavation shall be restored
in kind to the qualities, grades, compactions and conditions at least
equal to those prevailing previous to the permitted work operations.
All pavement replacement shall be done in accordance with pertinent
sections of Standard Specifications for Road and Bridge Construction,
State of Wisconsin, latest edition.
4.
Any turfed area of the public street right-of-way disturbed by the
permitted works and operations shall be restored with fine-graded
topsoil having a depth of not less than four inches, and reseeded
to perennial grass, or sodded.
(g)
Responsibility for restoration.
1.
Permittees may elect to replace disturbed pavement themselves in
accordance with this Code; however, if the pavement replacement is
found to be unsatisfactory by the Director of Public Works, the permittee
shall be responsible for all costs incurred to satisfactorily complete
restoration.
2.
The City will replace pavement for permittees at the time the annual
street paving plan is implemented if the permittee so desires. The
permittees will be responsible for the cost of this replacement and
will be billed for such after the work has been completed.
3.
If, in the opinion of the Director of Public Works, the permittee
fails to satisfactorily complete all restorations, the City may arrange
directly for all needful restorations and all costs associated with
such restorations, and the arrangements therefor shall be a cost obligation
of the permittee. The permittee agrees to pay any and all of such
costs within 30 days of the City billing.
(6)
Excavation in new streets limited.
(a)
Utility notification. Whenever the Council determines to provide
for the permanent improvement or repaving of any street, such determination
shall be made not less than 60 days before the work of improvement
or repaving shall begin. Immediately after such determination by the
Council, the Director of Public Works shall notify, in writing, each
person, utility, City 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 60 days.
(b)
Request to delay. An agency owning or controlling any utility in
or under a street which has been designated for improvement or repaving
may request that the City delay said improvement or repaving to allow
any necessary work to said utility to be completed prior to commencing
the street improvement or repaving. The request shall be presented
to the Director of Public Works, in writing, no less than 30 days
prior to the time that scheduled work is to begin. Said written request
shall include specific information regarding the reason for the requested
delay and the anticipated length of time the delay will last. The
Director and/or his or her Field Committee shall make the final determination
as to whether or not to delay the improvement or repaving until such
time as any necessary utility work has been completed.
(c)
Excavation limited. After permanent improvement or repaving has been
completed, no permit shall be issued to open, cut or excavate said
street for a period of five years after the date of improvement or
repaving unless, in the opinion of the Director of Public Works, a
situation exists which makes it absolutely essential that the permit
be issued.
(7)
Emergency excavations authorized. In the event of an emergency, any
person owning or controlling any sewer, water main, conduit or utility
in or under any street and his or her agents or 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 shall apply for an
excavation permit not later than the end of the next succeeding business
day and shall not make any permanent repairs without first obtaining
an excavation permit hereunder.
(8)
City work excluded. The provisions of this section shall not apply
to excavation work under the Director of Public Works by City employees
or contractors performing work under contract with the City necessitating
openings or excavations in City streets.
(1)
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 or she is the owner or occupant, except as provided in Subsection (2) below.
(2)
Exceptions. The prohibition of Subsection (1) above shall not apply to the following:
(a)
Public utility encroachments duly authorized by state law, the Shawano
Municipal Utilities Commission or the Council.
(b)
Temporary encroachments or obstructions authorized by permit granted
pursuant to W.S.A. s. 66.045.
(d)
Low-growing landscaping, such as grass, ground cover, flowers and
plants installed and maintained by the abutting property owner may
be allowed within the right-of-way. Landscaping in the public right-of-way
must not be allowed to become a safety hazard by obscuring the visibility
of drivers, bicyclists or pedestrians and excludes fencing, boulders
or other materials. This type of landscaping does not include trees
in the public right-of-way. Property owners may not plant trees between
the curb and sidewalk or in any other portion of the public right-of-way.
Requests for trees to be planted in public right-of-way must be submitted
to the City Forester for consideration. City staff reserves the right
to evaluate and determine the acceptability of any right-of-way obstructions.
[Added 8-10-2016 by Ord.
No. 1900]
(3)
Drainage encroachment. All surfaced parking lots in excess of 20,000
square feet in area shall employ storm sewers or drainage ditches
for the collection of storm drainage from the pavement surface. Property
owners are responsible for the construction of the storm sewer or
drainage ditch and its connection to the existing drainage system.
Surface drainage may not be directed toward the street or adjacent
properties. This subsection shall only apply to such parking lots
constructed or expanded on or after December 9, 1987.
[Added by Ord. No. 1003]
(4)
Drainage ditches. The City of Shawano requires all drainage ditches
in City easements or rights-of-way (rural sections) to be open sections
as approved. No person shall be allowed to fill said drainage ditch
or to place a drainage structure and fill said ditch except for driveways.
[Added 11-9-2005 by Ord. No. 1634]
[Added by Ord. No. 961]
(1)
Roller skates, street skates, skateboards and play vehicles regulated.
No person shall roller skate or ride a skateboard, coaster wagon,
tricycle or scooter anywhere in the City without complying with the
terms of this section. As used herein, to "roller skate" shall mean
to skate on any type of roller skates and street skates.
(2)
Streets. No person shall roller skate or ride a skateboard, coaster
wagon, tricycle or scooter on any street except for the purpose of
crossing the street. The rules relating to pedestrians crossing streets
shall apply to persons crossing a street on roller skates or a skateboard.
No person crossing a street on roller skates or a skateboard, coaster
wagon, tricycle or scooter shall travel too fast for safety under
the conditions existing.
(3)
Sidewalks. No person shall roller skate or ride a skateboard, coaster
wagon, tricycle or scooter in a reckless manner on any public sidewalk.
No person shall ride a skateboard, coaster wagon, tricycle, scooter
or roller skate on a sidewalk without exercising due care for the
safety of other persons using the sidewalk, and without yielding to
pedestrians. No person shall roller skate or skateboard on any sidewalk
bordering Main Street or Green Bay Street or on any public property
or parking lot.
(4)
City park property. No person shall roller-skate or ride a skateboard
on any City park property.
[Added by Ord. No. 979]
(4.1)
Prohibit operation. It shall be unlawful for any
person to operate or ride a skateboard, roller skates, street skates
and play vehicles in any of the following places:
[Added by Ord. No. 1307]
(a)
On property where a sign prohibiting such items has been posted
by the owner, lessee or person in charge of the property.
(4.2)
Area designated for skateboards. The following regulations
shall apply to any area designated by the City for skateboarding:
[Added 6-10-1998 by Ord. No. 1361]
(a)
Skateboarders shall skate at their own risk.
(b)
Signs shall be posted, which signs shall set forth the rules
applicable to areas designated for skateboards.
(c)
Skateboarding shall be allowed between the hours of 9:00 a.m.
and dusk.
(d)
Skateboarders shall not use or cause loud noises, loud radio
or audio equipment to be played or use foul language.
(e)
All skateboarders shall abide by the rules posted on signs located
at areas designated for skateboarding.[1]
[1]
Editor's Note: Former Subsection (4.2)(f), regarding a skateboarding
permit fee, added 4-11-2012 by Ord. No. 1807, which immediately followed
this subsection, was repealed 10-12-2016 by Ord. No. 1904.
(5)
Sales and rentals. Any commercial establishment selling or renting
street skates, roller skates of any kind, coaster wagons, tricycles,
scooters or skateboards shall post a copy of this section, or a summary
of the rules set out in this section, in a conspicuous place where
persons buying or renting skates will see it.
[Amended by Ord. No. 979]
(6)
Penalty.[2] Any person, firm or corporation violating any provision
of this section shall be fined not less than $50 nor more than $150
for a first offense and not less than $100 nor more than $500 for
a second offense. A separate offense shall be deemed committed on
each day during or on which a violation occurs or continues.
[Amended by Ord. No. 979; 9-8-1999 by Ord. No. 1419; 1-10-2007 by Ord. No. 1663]
[Added by Ord. No. 1040]
(1)
Authority. This section is being created pursuant to W.S.A. ss. 346.804
and 346.94(1).
(2)
Rules applicable to bicycles. Whenever bicycles are operated upon
a sidewalk or highway, the following rules shall apply:
(a)
A person propelling a bicycle shall not ride other than upon
or astride a permanent and regular seat attached thereto.
(b)
No bicycle shall be used to carry more persons at one time than
the number for which it is designed and equipped.
(c)
No person operating a bicycle shall carry any package, bundle
or article which prevents the operator from keeping at least one hand
upon the handle bars.
(d)
The operator of a bicycle shall, continuously, during not less
than the last 50 feet traveled, signal his or her intention to turn.
(e)
No person riding a bicycle shall cling or attach oneself or
one's bicycle to any vehicle.
(f)
No person shall operate a bicycle which is not in such mechanical
condition so that it can be safely operated.
(g)
The operator of a bicycle emerging from an alley, driveway,
garage or public sidewalk shall yield the right-of-way to pedestrians
when riding onto or across a public sidewalk or onto or across a public
sidewalk line projected across an alley, and shall exercise extreme
care in making such movements.
(3)
Rules applicable to riding bicycles on sidewalks.
(a)
Whenever a usable sidewalk has been provided adjacent to a roadway,
bicycle riders may use such sidewalk in lieu of the roadway.
(b)
Every person operating a bicycle upon a sidewalk shall yield
the right-of-way to any pedestrian and shall exercise due care and
give an audible signal when passing a bicycle rider or pedestrian
proceeding in the same direction. During conditions that require large
volume pedestrian usage of a sidewalk, bicycle operators shall be
required to ride on the roadway.
(c)
When approaching a pedestrian on the sidewalk, the speed of
the bicycle shall be reduced to a speed which is no greater than necessary
to continue the operation of the bicycle without the rider dismounting,
and shall not be increased until the pedestrian has been passed.
(4)
Penalty.[1] Any person violating any provision of this section shall
be subject to a forfeiture of not less than $50 nor more than $150
for a first offense and not less than $100 nor more than $500 for
a second offense. A separate offense shall be deemed committed on
each day during or on which a violation occurs or continues.
[Amended 9-8-1999 by Ord. No. 1419; 1-10-2007 by Ord. No. 1664]
[Added 4-13-2022 by Ord.
No. 2003]
(1)
Intent. The intent of this section is to protect the public health,
safety, and welfare by preventing or mitigating against any adverse
impact that electric scooter rental and operation may have, by restricting
the locations in which electric scooters may be operated and parked,
and by licensing the short-term commercial rental of electric scooters
in the City.
(2)
ELECTRIC SCOOTER
LICENSEE
OPERATE AN ELECTRIC SCOOTER
REBALANCING
USER
Definitions. The following words, terms, and phrases, when used in
this section, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
A device weighing less than 100 pounds that has handlebars
and an electric motor, is powered solely by the electric motor and
human power and has a maximum speed of not more than 20 miles per
hour on a paved, level surface when powered solely by the electric
motor. "Electric scooter" does not include an electric personal assistive
mobility device, motorcycle, motor bicycle, electric bicycle, or moped.
The holder of a commercial electric scooter rental license
issued under section.
To ride on an electric scooter powered at least in part by
the electric motor.
The redistribution of electric scooters throughout the City.
An individual who uses an electric scooter for the purpose
of transportation or recreation.
(3)
Usage of electric scooters.
(a)
No person shall operate an electric scooter on any roadway under
the City's jurisdiction having a speed limit of more than 25
miles per hour.
(b)
No person shall operate an electric scooter on any sidewalk
under the City's jurisdiction.
(c)
No person shall operate an electric scooter on Green Bay Street
other than to lawfully cross such street.
(d)
Electric scooters may be operated on any roadway under the City's
jurisdiction having a speed limit of 25 miles per hour or less, and
on recreational trails under the City's jurisdiction, subject
to state, federal and county regulations.
(e)
No person who has not attained the age of 12 may operate an
electric scooter unless he or she is accompanied by and under the
direct supervision of an adult over the age of 18 years of age.
(4)
Parking of electric scooters.
(a)
Electric scooters shall be parked in an upright position, with
two wheels making a point of contact with the ground.
(b)
Electric scooters shall not be parked in a way that provides
less than a five-foot-wide path on the sidewalk for pedestrian access.
(c)
Electric scooters shall not be parked between the sidewalk and
the curb where such area is less than three feet wide.
(d)
Where possible without impeding the flow of pedestrian traffic,
an electric scooter may be parked on a sidewalk, or in a bicycle rack
or other similar area designated for bicycle parking.
(e)
On blocks without sidewalks, electric scooters may be parked
in the roadway if the right-of-way and the pedestrian way are not
obstructed by so parking the electric scooter.
(f)
Except at existing permitted bicycle facilities, electric scooters
shall not be parked between the sidewalk and the curb where adjacent
to or within the following locations:
(5)
Rental of electric scooters.
(a)
License required. No person or business shall offer short-term
commercial rental of electric scooters to the public unless the person
or business has obtained a license in accordance with this section.
(b)
License application requirements.
1.
Application for a commercial electric scooter rental license
shall be made in writing to the City Clerk, upon applications furnished
by the Clerk's office.
a.
In the case of a sole proprietorship, the owner shall sign the
application.
b.
In the case of a partnership, the name of the business and the
names and addresses of all partners shall be provided on the application.
One of the partners shall sign the application.
c.
In the case of an LLC or a corporation, the name of the business
and the names and addresses of the principal officers shall be provided
on the application. In the case of an LLC, one of the members shall
sign the application. In the case of a corporation, the president
and secretary shall sign the application.
2.
The application shall identify contact information (including
a phone number and email address) for an operations manager based
within 50 miles of the City.
3.
The applicant shall include a copy of their user agreement and
privacy policy with the application.
4.
Insurance.
a.
The applicant shall include a certificate of insurance with
the application that meets the requirements of this provision.
b.
The applicant's insurance shall provide that the City of
Shawano will receive a thirty-day written notice of cancellation,
nonrenewal, or material change by any insurer providing coverage required
by this provision.
c.
Insurance companies must have a current A.M. Best rating of
A-VII or better.
d.
The applicant's insurance policy limits shall meet at least
the following requirements:
i.
Workers' compensation (only required if the applicant employs
persons within the State of Wisconsin): statutory limits.
ii.
Commercial general liability insurance: $2,000,000 per occurrence
and $3,000,000 in the aggregate.
iii.
Auto liability: $2,000,000 per occurrence and
$3,000,000 in the aggregate.
e.
The City of Shawano shall be listed as an additional insured
on the applicant's commercial general liability insurance policy.
f.
If the applicant uses subcontractors for maintenance, rebalancing,
or any other aspects of the applicant's commercial electric scooter
rental business, the subcontractor must be covered by the applicant's
insurance or the applicant must demonstrate that the subcontractor
independently meets the insurance provisions of this requirement.
5.
Indemnification. The applicant shall agree to indemnify, defend,
and hold the City of Shawano (and the City's officers, employees,
and agents) harmless from and against all actions, damages, or claims
brought against the City of Shawano arising out of the applicant's
operations. The City Attorney shall have the authority to negotiate
the terms of the indemnification provision with the applicant.
6.
Application fee. The fee for a commercial electric scooter rental
license required by this section shall be as set by Council resolution.
7.
Granting licenses. The City Clerk shall issue a license under
this section if all requirements have been met and if issuance is
in the best interest of the City. The City Clerk may deny any license
under this section in his or her full discretion in the interest of
public safety or if the application is not in the interest of the
City. In reviewing the application, the City Clerk shall consider
any input from the City Administrator, the City Attorney, the Police
Chief, the Director of Planning and Development, or their designees.
If the Clerk denies a license, the applicant may appeal said denial
to the Licensing, Hearing, and Public Safety Committee of the Common
Council.
8.
Term of license. Any license issued pursuant to this section
shall be effective upon issuance. It shall expire on the 31st day
of December following its issuance.
(c)
Rental operation requirements. In conducting their electric
scooter rental business, each holder of a commercial electric scooter
rental license shall comply with the following:
1.
Maximum number of scooters. No licensee shall have more than
300 scooters available for rent within the City at any one time without
the approval of the of the Common Council.
2.
Hours of operation. No licensee shall make electric scooters
available for rent before 4:00 a.m. or after midnight.
3.
User fees. Any user fee for the rental of an electric scooter
shall be clearly and understandably communicated to the user prior
to the usage of the electric scooter.
4.
Parking. The licensee shall:
a.
Provide instructions for properly parking electric scooters
to users.
b.
Keep the sidewalk free from obstructions to pedestrians by requiring
users to park electric scooters such that a walk space not less than
five feet wide shall at all times be kept open for pedestrians.
c.
Use geofencing to prohibit parking in areas in which parking
is prohibited by this section.
d.
Upon notification by the City Administrator or a designee to
the operations manager that an electric scooter of license is improperly
parked, the licensee shall relocate the electric scooter in accordance
with the following requirements:
i.
Within three hours of notice received between 7:00 a.m. and
7:00 p.m.
ii.
By 10:00 a.m. for notice received between 7:00 p.m. and 7:00
a.m. The City of Shawano may relocate improperly parked electric scooters
which are not relocated in accordance with this requirement and shall
bill the licensee $50 for each electric scooter it relocates, which
is reasonably calculated to recapture the City's costs in relocating
an improperly parked electric scooter.
e.
Licensees may appeal fees imposed by Subsection (5)(c)4dii above,
to the Finance Committee by providing written notice to the City Clerk
within 10 business days of receiving notice of a fee.
f.
Licensees that owe $500 or more to the City of Shawano related
to the relocation of the licensee's electric scooters shall,
upon five business days' written notice, have their license suspended
until the total amount owed has been paid. Prior to the expiration
of the five business days' notice, the licensee shall remove
their electric scooters from the City or shall make payment to the
City. If licensee does not remove their electric scooters from the
City or make payment to the City during this time period, the City
may remove the electric scooters pursuant to Subsection (5)(e).
5.
Safety education. The licensee shall provide materials to its
users to promote safe riding and educate users on rider responsibilities
and encourage safe and courteous riding and parking.
6.
Snow events.
a.
The licensee shall ensure that their electric scooters do not
impede City of Shawano or resident snow removal and ice control operations.
b.
In the event that the City of Shawano declares a snow emergency,
the licensee shall ensure that its electric scooters are removed from
the right-of-way for the duration of the snow emergency.
7.
Notice of changes. In the event that the licensee changes its
operations manager identified in its application (including contact
information for the operations manager), user agreement, privacy policy,
or insurance, the licensee shall provide notice to the City Clerk
within three business days of the change.
8.
Website or mobile application. If the licensee operates a website
or smartphone application, the website and smartphone application
shall:
b.
Provide a means for users to notify the licensee if there is
a safety or maintenance issue with the electric scooter. The licensee
shall immediately take the scooter out of service upon receipt of
notice that there is a safety or maintenance issue and shall not return
the scooter to service until the licensee has resolved the safety
or maintenance issue.
9.
Electric scooter standards. Any electric scooter made available
for rent by the licensee must meet the following requirements:
a.
Each electric scooter shall meet the requirements described
in Wis. Stats. §§ 340.01(15ps), 347.489(1), 347.489(2),
and 347.489(3).
b.
Each electric scooter shall include easily visible contact information,
including a toll-free phone number and email address, for members
of the public to make relocation requests or to report other issues
with the electric scooters.
c.
Each electric scooter shall be inspected by the licensee at
least once per month. The inspection shall include, at a minimum,
a check of the brake function and brake-level wear. Any electric scooter
deemed unsafe or inoperable shall be placed out of service immediately.
The licensee shall maintain records of its inspections, which shall
be open to the City for inspection upon reasonable request.
d.
Each scooter shall be equipped with wheel-lock technology to
prevent unauthorized use.
e.
Geofencing shall be used to prohibit usage in areas prohibited
by this section.
f.
Each scooter shall be assigned a unique identifying number (which
is clearly labeled on the electric scooter), which shall be provided
to the City Clerk prior to making the electric scooter available for
rental in the City.
10.
Data and reporting. The licensee shall provide data reasonably
requested by the City of Shawano to assist with monitoring program
usage.
11.
Assist with user compliance. In addition to the requirements
set forth above, the licensee shall take any additional steps reasonably
requested by the City to ensure appropriate usage of electric scooters
by its users.
(d)
Suspension or revocation of license.
1.
A license may be suspended or revoked by the City Clerk or their
designee for any of the following reasons:
2.
Any licensee whose license has been suspended or revoked under
the provisions of this subsection may appeal said suspension or revocation
to the Licensing, Hearings, and Public Safety Committee of the Common
Council by providing written notice to the City Clerk. The Licensing,
Hearings, and Public Safety Committee shall conduct a hearing within
30 days of receipt of a written appeal.
(e)
Unlicensed electric scooter rentals. In the event that a person
or business commences short-term commercial rental of electric scooters
to the public in the City without having first obtained a license
in accordance with this section, the City may, without advance notice,
take possession of any unauthorized electric scooters in the right-of-way.
The City shall provide notice to the unauthorized person or business
that it has taken possession of the electric scooters and invoice
the unlicensed person or business the rate for relocating an electric
scooter set in Subsection (5)(c)4d, above. The unlicensed person or
business may appeal fees imposed by this subsection to the Finance
Committee by providing written notice to the City Clerk within 20
business days of receiving notice of a fee. If the unlicensed person
or business does not appeal the fees imposed or make payment within
45 days of receipt of invoice, the City may dispose of any electric
scooters belonging to the unlicensed person or business in its possession.
Any proceeds from the disposition shall be used to offset the unlicensed
person or business's unpaid fees. Any costs from the disposition
shall be billed to the unlicensed person or business.
(1)
The owner or lessee of every lot or parcel of land in the City in
front of or abutting upon a sidewalk shall clear the entire sidewalk
of snow within 24 hours after any given snowfall and shall cause the
entire sidewalk to be kept clear of snow and ice.
[Amended by Ord. No. 1295]
(a)
Where sidewalks are constructed on trunk highways, municipal state-aid
routes, county highways and county state-aid routes and at the rear
of adjacent properties, such sidewalks will be cleared of snow and
ice by the City or an agent of the City.
[Added 7-1-1998 by Ord. No. 1364]
(2)
No person shall deposit or cause to be deposited any snow or ice taken and removed from his or her premises or elsewhere upon any sidewalk, alley, parkway, public place or street in the City; provided, however, that the removal of snow from a sidewalk in front of or abutting his or her premises, as is required by Subsection (1) above, may be deposited on the alley or street.
(3)
The deposit of any snow or ice upon any sidewalk, alley or street
of the City contrary to the provisions of this section shall be and
is declared to be a nuisance and, in addition to the penalty provided
for violation of this section, the City may summarily remove any snow
so deposited and cause the cost of said removal to be charged to the
owner of the property from which said snow or ice has been removed.
If not paid within 30 days, such charge shall be extended upon the
current or next tax roll as a delinquent property tax as provided
in W.S.A. s. 66.60(16).
(4)
Snow removal by City. It shall be the duty of the designated Property
Maintenance Official to enforce this section, and if any person shall
fail to comply herewith, the Property Maintenance Official shall,
after 24 hours' written notice to the owner, have the snow/ice removed
from the sidewalks and shall report the cost thereof, in writing,
to the Clerk-Treasurer. The costs/fees shall be as set by Council
resolution. In the event of nonpayment within 30 days from said report
of cost, such cost shall be assessed against the real estate as a
special charge. Repeat offenses at a premises will not be noticed
to the property owner, and the Property Maintenance Official shall
have the snow/ice removed from sidewalks and the costs reported and
collected as provided above.
[Amended 9-8-1999 by Ord. No. 1419; 3-11-2015 by Ord. No. 1859]
(5)
The Director of Public Works is hereby authorized, at the request of any person desiring to have snow removed from his or her premises, to remove said snow with City equipment, and the actual cost (labor and materials) of said removal shall be paid by such person requesting such snow or ice to be removed promptly upon presentation of a statement from the Director of the cost of such removal. If said charge is not paid upon presentation of the statement, the same shall be placed upon the tax roll as provided in Subsection (4) above. The Director shall not be obliged to remove snow or ice at the request of any owner of property, but may do so only in case the City equipment required for the removal of the snow or ice is not required by the Department of Public Works for use upon City streets or in work pertaining to the City.
[Added 7-11-2007 by Ord. No. 1685; 3-11-2015 by Ord. No. 1859]
(6)
Exemptions. To prevent unnecessary hardship and to avoid practical
difficulty in complying with the foregoing snow and ice removal requirements,
any aggrieved party may request a specific exemption from the Field
Committee. Such request shall be submitted in writing and shall detail
the unnecessary hardship or practical difficulty claimed (i.e., mid-block
sidewalk not connected to any other sidewalk). Any exemptions so granted
by the Field Committee shall be in writing, and shall clearly show
what particular and specific unnecessary hardship or practical difficulty
is exempted or extended, and a copy of same shall be filed with the
Clerk-Treasurer so as to be available for public inspection.
[Added 7-11-2007 by Ord. No. 1685]
No sign or advertisement shall be erected on Green Bay Street
or Main Street without the approval of the Building Inspector. The
Inspector shall administer the policies of the State Highway Commission
relative to the erection of signs and advertisements within or on
such streets.
No person shall display, purchase or sell, or offer to purchase
or to sell, on any street, sidewalk, alley or other public place within
the City, anything of value or service of any kind, except in connection
with a City-wide enterprise or promotion of community trade.
(1)
The official house numbering system for the City now on file in the
office of the Building Inspector which assigns a number for each house,
building and parcel of land within the City is hereby adopted by reference.
The Inspector is directed to establish and place on file a number
for each parcel in new subdivisions.
(2)
Each property owner shall affix to his or her house, or other building
having a street address, evidence of his or her official number where
it shall be plainly visible from the street. If the property owner
fails to do so within 10 days after notice by the Inspector, the City
shall cause the same to be affixed and shall charge the cost thereof
against the benefited property, to be collected as other special charges
when taxes are collected.
All utility, water and sewer mains and service laterals to the
abutting property shall be installed before any street is permanently
surfaced or resurfaced. The Manager of the Shawano Municipal Utilities
shall inform the Director of Public Works in writing of all proposed
construction of water and sewer mains and service laterals as soon
as conveniently may be.
[Amended by Ord. No. 1274]
(1)
General application.
(a)
The installation of any special street improvement shall be an exercise
of the special taxing power or of the police power of the City as
may from time to time be determined by the Council, and the property
served shall be assessed pursuant to the provisions of W.S.A. ss.
66.60 and 66.62.
(b)
The total cost of any special improvement to be paid in whole or
in part by special assessment shall include the direct and indirect
costs reasonably attributable thereto, including but not site preparation
and restoration, damages occasioned by the special improvement, interest
on bonds or notes issued in anticipation of the collection of assessments
and a reasonable charge for engineering, legal and administrative
costs. Minor cost such as street signs, street trees and streetlighting
shall also be assessed to the developer.
[Amended 3-9-2005 by Ord. No. 1614]
(c)
The total assessment for any special improvement shall be based upon
the total cost as defined in Subsection (1)(b) above and shall be
apportioned among the individual parcels benefited. Such apportionment
shall generally be computed on a linear frontage or equivalent lot
basis unless the Council otherwise determines that extenuating circumstances
require a different method of assessment.
(2)
Streets.
[Amended 2-20-2002 by Ord. No. 1511]
(a)
Streets shall be constructed in accordance with specifications established
by the Public Works Field Committee.
(b)
Special assessments for all new streets hereinafter constructed shall
be levied at 100% of the total cost of construction, except that the
City shall pay for 50% of the bituminous or concrete pavement cost.
The cost of maintaining and resurfacing existing streets shall be
borne by the City.
(3)
Curb and gutter.
(a)
Curb and gutter shall be installed in accordance with specifications
established by the Public Works Field Committee.
(b)
Special assessment for all new curb and gutter shall be levied at
100% of the total cost. The cost of maintaining and replacing existing
curb and gutter shall be borne by the City.
(4)
Sidewalks.
(a)
Sidewalk standards. The sidewalk shall be located in such places
as designated by the Public Works Field Committee. The sidewalk shall
be aligned on the same side of the street as sidewalks exist on the
adjacent blocks.
[Amended 8-12-1998 by Ord. No. 1369]
(b)
New sidewalks. Fifty percent of the costs for the installation of
new sidewalks shall be specially assessed to adjacent property owners.
The Department of Public Works shall budget for the remaining costs.
[Amended 2-20-2002 by Ord. No. 1512; 6-12-2002 by Ord. No. 1523]
(c)
Sidewalk repair or replacement. The Public Works Field Committee
may order the repair, removal or replacement of any sidewalk located
on the street right-of-way which is unsafe, defective or insufficient.
The Public Works Department shall repair or construct such sidewalk
with funds included in the annual budget.
(d)
Payment for certain work. Sidewalks that require replacement due
to changes in the property use because of requests made by the property
owner or remodeling or improving the property site, or damage caused
by the property owner, shall be replaced by the owner at the owner's
expense.
(5)
Storm sewer. The special assessments upon the property benefited
by the installation of storm sewer shall be levied at 100% of the
total cost of all mains 18 inches in diameter and below. When storm
sewer construction includes mains larger than 18 inches in diameter
and manholes larger than 48 inches in diameter, the City shall pay
the difference in cost. The cost of storm sewer laterals shall be
charged to the property owner benefited. Reconstruction or development
of storm sewer in areas of existing homes shall not result in the
assessments for such improvements. In the event that a user/developer
requires a storm sewer or construction for more than the sizes as
set forth herein, the user shall pay the cost of the next larger pipe
size required for the pipe size brought to the street by the user/developer,
and the City shall pay the additional cost incurred if the City desires
to put in a larger size storm sewer or other construction larger than
the next larger pipe size due to future development needs of the City.
[Amended by Ord. No. 1300]
(6)
Request for public improvements. Any person, partnership, association,
corporation or other legal entity of any kind that requests a public
improvement such as sewer, electric, water, street, curb and gutter
or other such improvement or the modification or relocation of same
shall provide a written request for said improvement to the Shawano
Municipal Utilities and the Department of Public Works by August 15
of the year prior to when the public improvement is requested to be
provided. Said request shall be in writing and shall include the name,
address and telephone number of the person requesting the improvement,
a description of the improvement that is being requested, the planned
location of the improvement and any other information requested by
the City.
(a)
The City and the Utility may request that the developer provide evidence
of the ability to pay the assessments on the proposed project.
(b)
The City shall not commit to budget more than $500,000 for the financing
of special assessments in any one budget year without special approval
of the Council.
The penalty for violation of any provision of this chapter shall be a penalty as provided in § 20.04 of this Code. A separate offense shall be deemed committed on each day on which a violation of this chapter occurs or continues.
