City of Watertown, WI
Jefferson/Dodge County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Watertown as §§ 8.001 to 8.15, 8.17 and 8.18 of the former City Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alcohol beverage licensing and sales — See Ch. 220.
Construction codes — See Ch. 253.
Plumbing: street and sidewalk openings — See § 419-10.
Public events — See Ch. 428.
Solid waste — See Ch. 446.
Transient merchants — See Ch. 480.
Subdivision of land — See Ch. 545.
Zoning — See Ch. 550.
[Added by Ord. No. 90-57]
It is in the interest of the City to provide for and regulate the size, number, placement and safe construction of any obstructions or encroachments in the public right-of-way, such as streets, alleys or sidewalks, within the City so as to ensure that obstructions and encroachments do not constitute a traffic hazard or distraction to the traveling public and to eliminate potential nuisances and health or safety hazards.
A. 
Establishment. The grade of all streets, alleys and sidewalks shall be established by the Common Council and shall be recorded by the City Clerk/Treasurer in his office. No permanent street, alley or sidewalk shall be worked until the grade thereof is established. The grades of all streets having curb and gutter on the effective date of this chapter are established at the level then existing.
B. 
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 Common Council.
[Amended by Ord. No. 70-45; Ord. No. 98-5; Ord. No. 09-15; Ord. No. 13-37]
A. 
The abutting property owner shall repair and perpetually maintain the sidewalks which are adjacent to the property along any street in the City.
B. 
Portland cement sidewalks of City specifications shall be required.
C. 
The Common Council will, by resolution, determine the priority of establishing sidewalk improvement districts, based upon the dictates of public health and safety, with special emphasis upon those areas surrounding schools and playgrounds, in accordance with the policies and programs specified in the City of Watertown Comprehensive Plan.
D. 
For those areas of the City that have been platted or subdivided after February 20, 1998, the installation and maintenance of new sidewalks shall be governed by the provisions of § 545-28 of this Code.
E. 
Notice and public hearing. Prior to sidewalk installation as set forth in Subsection C herein, the Council shall give written notice to the property owners of its intention to install and assess the installation cost of a sidewalk adjacent to their property. Thereafter, within one month of such written notice, the Common Council shall conduct a public hearing to permit the property owner to appear before the Council to indicate if the property owner is in favor of or opposed to the construction of such sidewalk.
F. 
Sidewalk repair. Sidewalk repair shall be according to § 66.0907(3), Wis. Stats.
G. 
Installation by City of decorative sidewalk in Central Business District. The City elects, pursuant to § 62.15(1), Wis. Stats., to construct and replace the decorative brick between the curb and sidewalk and install colored stamped concrete on the north and south sides of Main Street between College Avenue on the east and Church Street on the west. All of this work shall be performed directly by the City without submitting or letting the work for public bids.
[Amended by Ord. No. 93-56]
A. 
Permit required. No person shall construct, lay or rebuild any sidewalk or curb and gutter on any public street or alley within the City without first having obtained a permit from the City Engineer. The permit shall be valid for a period of 12 months from the date of issuance for any work that the contractor may do within the City of Watertown.
B. 
Rules and regulations. The City Engineer may make such rules and regulations as he may deem necessary for the constructing, laying or rebuilding of sidewalks and curb and gutter within the City and may prescribe standard specifications for the construction of such items.
C. 
Curb and gutter driveway openings. No person shall make or cause to be made any curb and gutter openings (including sawing) within the City without first obtaining a permit from the City Engineer. All openings shall be reported to the Street Superintendent, who shall saw the appropriate curb opening width. A fee as set by the Common Council and provided under separate fee schedule shall be paid to the City by the person applying for the permit at the time of application. A fee as set by the Common Council and provided under separate fee schedule shall be paid for sawing a sump pump hose connection to the curb and gutter.
[Amended by Ord. No. 97-14[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Concrete sidewalks. Concrete sidewalks are the only type of sidewalks that may be constructed within the City of Watertown.
E. 
Defective workmanship. If a permittee shall fail to perform said work or to furnish material and workmanship of such quality as to conform to the requirements established by the City Engineer, the permittee shall, during such period of one year after the completion of the initial work, make at his own expense such repairs and remove any damaged or defective parts of the sidewalk or curb and gutter and repair the same with new parts as may be required by and deemed necessary by the City Engineer.
F. 
Exceptions. This section shall not apply to work done by the City or under contract with the City.
[Amended by Ord. No. 90-33]
A. 
Before construction of any new street where sewer and water mains are installed and where the land abutting the street is subdivided into lots or before construction of a semipermanent street, the Director of Public Works shall order the construction of curb and gutter and the installation of water, sewer and gas services to within seven feet of the property line of each lot which is classified as a buildable lot under Chapter 550, Zoning.
B. 
In the event the owner of any such lot fails to comply with the order within 10 days of written notice thereof, the Director of Public Works shall cause the same to be installed and the cost thereof reported to the City Clerk/Treasurer as a special charge against the property. The special charge may be paid in cash within 60 days after receipt of the final bill; thereafter interest at the rate of 12% per annum shall be charged until the assessment is paid, or the assessment may be paid in five equal annual installments with interest at 12% per year on the tax roll. If a property owner elects to pay the assessment in five equal annual installments, and if the property should be sold or ownership transferred within said five-year period, then the entire remaining balance shall be due and payable immediately upon sale or transfer of ownership.
See § 419-10 of this Code.
[Amended by Ord. No. 90-58]
A. 
Obstructions and encroachments.
(1) 
Obstructions and encroachments prohibited. No persons 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 encroachments or encumbrances to be placed or remain in any public way adjoining the premises of which he is the owner or occupant, except as provided in Subsection B.
(2) 
Vending machine placement is prohibited on all streets, alleys and sidewalks, except as set forth in Subsection B, Exceptions.
B. 
Exceptions. Subsection A shall not apply to the following:
(1) 
Any items permanently attached to a building structure in accordance with Chapter 550, Article XII, Signs and Projections.
(2) 
Vending machine placement shall specifically be allowed in public parks and on City-owned property upon the approval of the City of Watertown Park, Recreation and Forestry Commission and said vending machine accruing to the benefit of the City of Watertown.
(3) 
Public utility encroachments duly authorized by state law or the Watertown Common Council.
(4) 
Loading or unload of goods, wares or merchandise, which does not extend more than three feet onto the sidewalk, and provided such goods, wares, etc., do not remain thereon for a period of more than two hours.
(5) 
Street furniture and landscape elements with a maximum area of nine square feet per building, which must be placed against an exterior wall and may be installed pursuant to this exception only if a minimum of 12 feet of sidewalk width exists, measured from the building front to the back of the curb, or specifically if the furniture and/or landscape element is part of an approved City streetscape plan.
(6) 
Newspaper vending machines, street furniture, and all other encroachments located within the Main Street Commercial Historic District may be permitted if said encroachment meets the requirements of Subsection B(5) of this section; the proponent/owner of any such encroachment shall make a written application, pursuant to the procedures set forth below in Subsection D, prior to installation or placement of the proposed encroachment in the right-of-way; and the Watertown Historic Preservation Commission shall make a recommendation approving or rejecting placement of the proposed encroachment to the Watertown Common Council Public Safety and Welfare Committee.
[Amended by Ord. No. 91-1]
(7) 
Excavation and openings permitted under § 419-10 of this Code.
(8) 
Building materials permitted under Subsection C of this section.
(9) 
Temporary encroachments or obstructions authorized by permit granted pursuant to § 66.0425, Wis. Stats. The cost of such permit obtained pursuant to this subsection shall be as set by the Common Council and provided under separate fee schedule and the permit shall be valid for 14 consecutive days following its issuance.
[Amended by Ord. No. 13-06[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(10) 
Other exceptions located outside of the Main Street Commercial Historic District shall be allowed, provided they are subject to the requirements of Subsection B(5) of this section and the proponent/owner of such an encroachment shall make written application, pursuant to the procedures set forth below in Subsection D, prior to installation or placement of the proposed encroachment in the right-of-way.
[Amended by Ord. No. 91-2]
(11) 
Booths, benches, tables or other structures erected or maintained for the display of goods, wares, merchandise or foodstuffs, and approved under § 457-12 shall not be considered obstructions or encroachments.
[Added by Ord. No. 93-23]
(12) 
Mailboxes and newspaper receptacles constructed as required by the standards set forth in § 457-8 of this chapter.
[Added by Ord. No. 95-43]
C. 
Building materials.
(1) 
The Director of Public Works may grant permission to any person for a period not to exceed three months to use not to exceed 1/3 in width of any or all streets adjacent to any proposed building or other improvement to be built or made for the purpose of temporarily depositing thereon building material, excavated material and other articles necessary to be used in and about the construction of such building or other improvement.
(2) 
Every person to whom a permit is granted hereunder shall provide a sufficient barricade and during the nighttime sufficient warning lights around or on such building materials, excavating material or other articles so as to effectually prevent the happening of accidents to persons or property, and every such person shall be liable for all accidents and damage caused by his failure to properly provide and maintain such barriers and warning lights.
D. 
Application for variance. Application to request a variance granting the proposed use or encroachment of the public way may be taken by any person by filing a written application with the Watertown Common Council Public Safety and Welfare Committee, which shall fix a reasonable time for the hearing of the application, give a minimum of 72 hours' notice to the applicant by regular mail, and decide the same within a reasonable time by approving or rejecting the request. Each application shall be accompanied by a fee as set by the Common Council and provided under separate fee schedule. At the hearing, any party may appear in person or by agent or attorney. The Committee shall decide all applications within 30 days after the hearing thereon. Any person or persons jointly or severally aggrieved by any decision of the Public Safety and Welfare Committee may present to a court of record a petition for certiorari within 30 days after the decision of the Public Safety and Welfare Committee with respect to the application.
[Added by Ord. No. 91-3[2]]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added by Ord. No. 95-44]
All mailbox and newspaper receptacle placement and construction within the City of Watertown shall comply with the standards set forth herein, which support and mounting standards comply with the requirements of the United States Postal Service, as follows:
A. 
Support.
(1) 
The support shall be a wood post, steel pipe or steel channel installed no more than 24 inches in the ground and extending to a vertical height such that the bottom of the box is a minimum of 36 inches but not to exceed a maximum of 42 inches above the ground surface. The support shall have no larger than the following dimensions:
(a) 
Square wood post: four inches by four inches.
(b) 
Round wood post: 4 1/2 inches in diameter.
(c) 
Steel pipe: two inches inside diameter.
(d) 
Steel channel: two pounds per foot.
(2) 
The support shall not be set in concrete, nor is a base plate acceptable. Anti-twist flanges may be installed on the pipe or channel supports but shall not be imbedded more than 10 inches into the ground.
B. 
Attachment. The box-to-post attachment shall be sufficient to prevent the separation of the box from the support post when struck. An approved newspaper receptacle may be attached to a post with a mailbox, but not on a post by itself.
C. 
Multiple boxes. No more than four boxes shall be mounted on one support post. For a multiple installation, support posts shall be spaced a minimum longitudinal distance apart which is equal to 3/4 of the height of the posts in the installation.
D. 
Location. The face of the box shall be located a minimum of six inches behind the traffic face of curb and a maximum of 12 inches behind the traffic face of curb. Installations shall avoid blind spots or poor sight distance locations.
E. 
Liability. Mailboxes and newspaper receptacles placed within the street right-of-way are the sole property and responsibility of the abutting property owner. The City of Watertown shall not be liable for damages caused to or by mailboxes and newspaper receptacles placed within the street right-of-way.
F. 
Drawings. The City of Watertown shall maintain a supply of standard drawings of approved mailbox installations for distribution to the general public.
G. 
Violations and penalties. A mailbox or newspaper receptacle installed in violation of the provisions of this section will result in the City issuing a notice of noncompliance to the violating property owner. If the violation is not corrected within 30 days, the City shall remove the violating obstruction or encroachment and assess the cost of removal as a special charge against the property as provided in § 66.0627, Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added by Ord. No. 13-13]
For the purposes of this section, a "sidewalk cafe" is defined as an outdoor dining area located in a public right-of-way that is operated adjacent to and in conjunction with an indoor commercial entertainment use (as defined in § 550-52H of Chapter 550, Zoning), in which the sale of alcohol beverages accounts for less than 50% of the gross receipts. Notwithstanding § 457-7A, sidewalk cafes and dining upon the public rights-of-way shall be permitted, subject to the following requirements:
A. 
A sidewalk cafe permit must be granted by the City; a sidewalk cafe permit shall be granted only to the operator of a restaurant that is in compliance with the City of Watertown Code and is licensed by the Wisconsin Department of Health Services (DHS) to operate a restaurant pursuant to Ch. 254, Wis. Stats., and/or licensed with the Department of Agriculture, Trade and Consumer Protection (DATCP) or a local agent of DHS or DATCP to operate a retail food establishment pursuant to Ch. 97, Wis. Stats. All food preparation, storage and handling shall conform to all applicable health codes.
[Amended by Ord. No. 13-21]
B. 
Applicants for a sidewalk cafe permit must provide a complete application form and a sketch plan of the proposed site, at a scale of 1/4 inch equals one foot, indicating the following:
(1) 
The location of the building front and all doorways;
(2) 
The proposed location of the sidewalk cafe barrier, tables, chairs, serving equipment, planters, borders, awnings, umbrellas and other facilities to be included in the seating area;
(3) 
The location of existing public improvements, including fire hydrants, street signs, streetlights, utilities, traffic signals, mailboxes, trees and tree grates, parking meters, planting boxes or planting areas, fire escapes or other overhead obstructions and any other public obstruction;
(4) 
The location of crosswalks, driveways, parking spaces, loading zones, and other vehicular areas adjacent to the proposed sidewalk cafe.
C. 
The application form and sketch plan shall be signed by the applicant and by the property owner and shall be approved, in writing, by the City Engineer or designee prior to any implementation of the sidewalk cafe.
D. 
The design of the sidewalk cafe, as depicted on the sketch plan and as installed, maintained and operated following approval, shall comply with all of the following requirements:
(1) 
Sidewalk cafes are restricted to the portion of the sidewalk which is parallel to and immediately adjacent to the abutting business establishment to which the sidewalk cafe permit has been issued or in a location and configuration as otherwise approved.
(2) 
Sidewalk cafes are permitted only where both the sidewalk and the paved terrace are wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed activity. Generally, the remaining unimpeded sidewalk and adjacent terrace shall be a minimum of five feet.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
The sidewalk cafe may not be wider than one chair or table which is one-place-setting wide.
(4) 
The sidewalk cafe shall be located on an impervious surface.
(5) 
The sidewalk cafe shall not be located in or otherwise obstruct more than 24 inches of the sidewalk.
(6) 
The sidewalk cafe shall be accessible to the disabled, and the permit holder shall at all times comply with all applicable federal, state and City laws, ordinances and regulations concerning accessibility and nondiscrimination in the providing of service.
(7) 
No tables, chairs, fencing or any other fixtures used in connection with a sidewalk cafe shall be attached, chained or in any manner affixed to the public area or any other public property, including street trees.
(8) 
Lighting to serve outside seating areas shall be provided by ambient sources. No lighting fixtures or other electrical devices are permitted.
E. 
Operations of sidewalk cafes shall comply with the following requirements:
(1) 
A sidewalk cafe may only be open between the hours of 7:00 a.m. and 10:00 p.m. on any day and only when the restaurant is otherwise open.
(2) 
All tables, chairs and all other materials and equipment must be removed from the site from close of business until normal opening of business each day.
(3) 
All tables and chairs shall be heavyweight so as to withstand moderate winds. Plastic and tubular aluminum furniture using fabric seats and/or seat backs is prohibited.
(4) 
Diningware shall be heavyweight so as to withstand moderate winds. Reusable, nondisposable flatware, dishware and beverage containers are required for use in all sidewalk cafes. No food or beverage, including water, shall be served in, on or with single-use paper, plastic or polystyrene plastic dishes or utensils, nor shall any food or beverage be served to the customer wrapped or packaged in foil, paper, plastic or polystyrene plastic.
(5) 
No smoking shall be permitted within sidewalk cafe enclosures.
(6) 
No amplified music is permitted in sidewalk cafes. Live, unamplified music is permitted, but musicians and equipment shall be located within two feet of the building when performing.
(7) 
Additional parking shall not be required or reasonably necessitated due to the addition of a sidewalk cafe area.
F. 
Businesses which intend to serve alcohol beverages at the sidewalk cafe must additionally meet the following requirements:
(1) 
The business shall hold a valid liquor license for all premises where alcohol beverages are served and consumed.
(2) 
Sidewalk cafes where alcohol beverages are served and consumed shall be responsible for policing the area of the outdoor cafe to be sure the area is in compliance with the alcohol beverage licensing requirements at all times.
(3) 
The entire outdoor area utilized for service and consumption of food and beverage shall be visible from the restaurant establishment.
(4) 
No alcohol beverages may be served at any time if the restaurant has not received Common Council approval for the enlargement of the premises under its liquor license that includes the area of the public sidewalk where the sidewalk cafe is located. Further, the liquor license shall be automatically conditioned at the time of the enlargement of premises to allow for the consumption of alcohol beverages within the sidewalk cafe area only. Approval of the enlargement of premises area (sidewalk cafe) shall not grant any licensee or licensed premises any vested rights, and such approval may be suspended or revoked or nonrenewed without cause being shown.
(5) 
Alcohol beverages must be sold and served by the licensee or licensee's employees who have operator's licenses and sold, served and consumed by patrons seated at tables in the sidewalk cafe, pursuant to §§ 125.32(2) and 125.68(2), Wis. Stats.
(6) 
Alcohol beverages may only be served at the sidewalk cafe when food service is available through the licensed establishment.
(7) 
The permittee shall be responsible for complying with the approved sidewalk cafe plan.
(8) 
The permittee shall not allow patrons of the sidewalk cafe to bring alcohol beverages into the sidewalk cafe, nor to carry open containers of alcohol beverages about in the sidewalk cafe area, nor to carry open containers of alcohol beverages served in the sidewalk cafe outside the sidewalk cafe area.
(9) 
The permittee shall display signage indicating alcohol may only be consumed by patrons seated at tables in the sidewalk cafe.
(10) 
The bar from which the alcohol beverages are dispensed shall be located indoors and shall not be located in the sidewalk cafe area.
G. 
Both the owner/lessee/lessor of the business establishment and the property owner shall agree in writing to hold the City harmless for any personal injury or property damage resulting from the existence or operation of the sidewalk cafe and guarantee the condition and maintenance of the right-of-way upon which any sidewalk cafe is located and shall furnish evidence of general liability insurance in the amount of $1,000,000.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
The City may cause the immediate removal or relocation of all or any part of the sidewalk cafe or its fixtures in emergency situations. The City, its officers, agents and employees shall not be responsible for any damages or loss of sidewalk cafe fixtures relocated during emergency situations and shall not be responsible for any loss of revenue associated with removal, costs associated with the removal, or the return and installation of any sidewalk cafe fixtures.
[Added by Ord. No. 13-12]
For the purposes of this section, "daily notice signs" include sandwich board signs and menu board signs. Notwithstanding § 457-7A, daily notice signs shall be permitted, subject to the following requirements:
A. 
Daily notice signs shall be permitted only in the Central Business (CB) Zoning District. Only one daily notice sign per customer entrance shall be permitted. The owner of the customer entrance may select which type of daily notice sign to use, either one sandwich board sign or one menu board sign.
B. 
A daily notice sign shall be considered an auxiliary sign; daily notice signs shall not count as business signs for the purpose of regulating the number of business signs or the area of business signs allowed on the property.
C. 
Rules for sandwich board signs.
(1) 
Location requirements for sandwich board signs.
(a) 
Sandwich board signs are permitted within a street terrace or on private property within the Central Business (CB) Zoning District.
(b) 
Sandwich board signs shall be placed a minimum of one foot from a sidewalk and shall not otherwise obstruct a sidewalk.
(c) 
Sandwich board signs shall be placed a minimum of one foot from any of the following: doorway, loading zone, crosswalk, curb cut, bike rack, bench or any other public facility or fixture for vehicles or pedestrians.
(d) 
Sandwich board signs shall not obstruct access to any fire hydrant, fire escape or fire door, or obstruct the clear view of any traffic signal, regulatory sign or street sign. Whether such a prohibited obstruction is created by the sandwich board sign shall be in the sole, exclusive and irrebuttable determination of the City.
(e) 
Sandwich board signs shall be kept inside the building when the business is closed.
(2) 
Configuration requirements for sandwich board signs.
(a) 
No portion of a sandwich board sign shall be more than four feet high or more than two feet wide, including any part of its frame or supporting structure.
(b) 
Anything attached to a sandwich board sign shall not project outside the perimeter of the sign face nor project in excess of one inch from the sign face.
(3) 
Material requirements for sandwich board signs.
(a) 
Sandwich boards may be made of any material.
(b) 
Sandwich boards shall be heavy enough to remain stable in moderate wind conditions.
(4) 
Illumination requirements for sandwich board signs.
(a) 
Sandwich boards may not be illuminated by any means other than an ambient light source, such as the sun or a streetlight.
D. 
Rules for menu board signs.
(1) 
Location requirements for menu board signs.
(a) 
Menu board signs shall be affixed to the exterior wall of the building containing the use.
(2) 
Configuration requirements for menu board signs.
(a) 
Menu board sign surface area and its surrounding frame and structure shall not exceed eight square feet.
(b) 
Menu board sign shall not extend more than three inches from the wall on which it is mounted.
(c) 
Moving signs such as traveling message boards, electronic message boards and video screens are prohibited.
(d) 
Anything attached to a menu board sign shall not project outside the perimeter of the sign face nor project more than one inch from the sign face.
(3) 
Material requirements for menu board signs.
(a) 
Menu board signs may be made of any material.
(4) 
Illumination requirements for menu board signs.
(a) 
Menu board signs may not be illuminated by any means other than an ambient light source, such as the sun or a streetlight.
[Amended by Ord. No. 92-6]
A. 
Duty to remove or cover. The owner, occupant or person in charge of each lot or part of lot shall, within 24 hours after snow has stopped falling, remove all snow and ice which may have fallen or accumulated upon the sidewalks abutting the premises and driveway aprons owned, occupied or cared for by him or her. When snow and ice has so formed upon any sidewalk that it cannot be removed, the persons herein referred to shall keep the same sprinkled with sand, salt or an ice-melting compound. Failure to remove or cover the snow and ice as specified herein will subject the owner, occupant or person in charge of the premises to the forfeitures provided in § 1-4 of this Code. This requirement shall not apply to sidewalks exempted by the written Policy for City for Snow Removal on Sidewalks, adopted by the City of Watertown Public Works Commission on September 14, 2010.
[Amended by Ord. No. 10-31; Ord. No. 11-17]
B. 
Street Superintendent to cause removal. If the owner, occupant or person in charge of each lot or part of lot does not remove or cover all snow or ice from the sidewalks abutting the premises owned, occupied or cared for by him, as provided in Subsection A herein, and continues to refuse to remove the snow and ice after a complaint has been issued, and the party is found to be in violation of Subsection A hereinabove, then the Street Superintendent shall cause all sidewalks which shall not have been cleaned or sprinkled with sand, salt or an ice-melting compound as above prescribed to be so cleaned or sprinkled in his discretion immediately upon the default of the person whose duty it is to clean or sprinkle the same. He shall annually render to the City Clerk/Treasurer an itemized report of all sums disbursed by him for such cleaning or sprinkling, the description of the premises affected thereby, and the names of the owners thereof, and the sum so disbursed shall annually be levied and collected as a special tax upon said premises unless paid.
[Amended by Ord. No. 08-33; Ord. No. 11-17[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Depositing of snow in streets and alleys. No person shall deposit or cause to be deposited in any public street, alley or roadway in the City snow taken or removed from property that is privately owned or occupied, public sidewalks, road right-of-way or driveway aprons abutting such private property. This subsection shall not apply to any properties located within the Central City Snow Removal Area, as defined in § 500-9C(2)(a) of the City's Code.
[Amended by Ord. No. 08-33]
D. 
Violations and penalties. Any person or entity who shall violate any provision of this section shall be subject to a forfeiture of not less than $50. Each violation and each day a violation continues or occurs shall constitute a separate offense.
[Amended by Ord. No. 08-33]
A. 
Sale of merchandise prohibited. It shall be unlawful for any person to sell or offer for sale any goods, wares, merchandise or foodstuffs, or to erect or maintain or cause or permit to be erected or maintained, any booth, bench, table or other structure for the display of goods, wares, merchandise or foodstuffs on any sidewalk, street, boulevard, alley, public way or public right-of-way between the private property line and the established curbline of the roadway or streets of the City.
[Amended by Ord. No. 97-59]
B. 
Sale of merchandise from vehicles prohibited. It shall be unlawful for any person to sell or offer for sale any goods, wares, merchandise, vegetables or produce, or other foodstuffs from any vehicle, pushcart, three-wheeled bicycle or other conveyance in or upon any street, public way, alley or public right-of-way within the City.
[Amended by Ord. No. 97-59]
C. 
Exceptions.
[Amended by Ord. No. 93-22; Ord. No. 10-19]
(1) 
Subsections A and B shall not apply to any person distributing or selling any agricultural product grown by him or her or homemade produce made by him or her on the day of the Farmers Market, which is each Tuesday of every month, during the months of May through November in the specific area designated under § 428-11 of the Watertown Code.
(2) 
The provisions of Subsection A shall not apply to the annual Maxwell Street Day event, conducted under the provisions of Subsection D below, or to special retail promotions organized by the Watertown Area Chamber of Commerce or the Watertown Main Street Program in behalf of the downtown business community and approved, in writing, by the Mayor. For promotions other than Maxwell Street Day, any booth, bench, table or other structure for the display of goods, wares, merchandise or foodstuffs shall extend not more than 36 inches beyond the private property line.
(3) 
Permitted food vending on public streets under § 457-185.
[Added 2-20-2018 by Ord. No. 18-1]
D. 
Maxwell Street Day sidewalk sale. The Watertown Main Street Program is granted an annual permit to conduct a special event on the sidewalks and streets of the Central Business District (as that term is defined and designated in § 550-34 of the Watertown Zoning Code), commonly known as "Maxwell Street Day," subject to the regulations as set forth below.
[Amended by Ord. No. 89-74A; Ord. No. 95-32; Ord. No. 10-19; 10-4-2016 by Ord. No. 16-18]
(1) 
The Maxwell Street Day event shall extend from 6:00 a.m. to 9:00 p.m. on the third Thursday in July, or on such other date as designated by the Mayor and Chief of Police, in writing.
(2) 
The eastbound and westbound traffic lanes of Main Street shall be closed to all vehicular traffic during the course of the event.
(3) 
There shall be no parking allowed on the entire closed portion of Main Street and on side streets of the Central Business District in front of participating merchants during the course of the event.
(4) 
The Watertown Street Department shall provide and remove such barricades and warning devices as are deemed necessary by the Chief of Police to allow for the safe flow of traffic northbound and southbound on the intersecting streets within the Central Business District and to allow for emergency vehicle access to the closed portion of Main Street.
(5) 
The provisions of Subsection A of this section prohibiting the use of streets and sidewalks for outside sales shall be suspended for the duration of the special event within the Central Business District, provided that:
(a) 
The outside sales activity is either a sidewalk cafe or storefront display by a contiguously located merchant which does not extend beyond the frontage width of the business associated therewith.
(b) 
Any storefront display or sidewalk cafe shall be limited to the sale and display of those items of goods, wares, merchandise or foodstuffs commonly sold or offered for sale in the place of business associated with the contiguously located merchant.
(c) 
"Contiguously located merchant" in this section means a business whose place of business is located on the ground floor abutting the sidewalk, and which has available to it immediately adjacent sidewalk space.
(6) 
As a condition of the issuance of this permit, the sponsor must have in force adequate liability insurance holding the City and its employees harmless and to indemnify and defend the City or its employees against all claims, liability, loss, damage or expense arising out of or resulting from the activities for which the permit is granted. As evidence of the sponsor's ability to perform this condition of the permit, the sponsor shall furnish a certificate of insurance evidencing the existence of a comprehensive general liability insurance policy, with the City named as an additional insured. Adequate liability limits means minimum limits of $100,000 per occurrence for bodily injury and minimum limits of $50,000 per occurrence for property damage. The certificate of insurance shall provide for 30 days' written notice to the City upon cancellation, nonrenewal or material change to the policy.
(7) 
The Watertown Area Chamber of Commerce is vested with exclusive authority over the conduct of this special event, including, but not limited to, use of sound equipment or public address systems in the Central Business District, operation of food stands within the Central Business District which may offer food for sale to the general public, allocation of space limitations on contiguously located merchants for use of sidewalks and streets for display purposes, and a unified, comprehensive advertising campaign or theme for the event, utilizing placards, banners and other advertising materials.
E. 
Main Street Program weekend events. The Main Street Program (MSP) is granted permission to manage a series of Friday night events from May through August in downtown Watertown. The Main Street Program must submit plans for any street closings in sufficient time for the appropriate City departments to be able to make arrangements for the safe and efficient closure of any streets. The Mayor, Police Chief and Fire Chief will need to approve all street closures.
[Added by Ord. No. 05-19]
(1) 
The details of the event are to be approved by the Mayor, Police Chief and Fire Chief.
(2) 
The provisions of Subsection A of this section are suspended for each of these events for the period of time beginning one hour before and ending one hour after the schedule MSP event. The MSP is responsible for approving the sidewalk events and the vendors that are involved. In no case shall the tables block pedestrian traffic, and they shall leave at least four feet of unobstructed sidewalk.
(3) 
There shall be no parking in the closed section of the street or municipal parking lot on which the event is to be held during the time of the event. The MSP shall be responsible for posting signs in sufficient time to notify vehicle owners of the closure of the street or parking lot.
(4) 
The MSP shall make arrangements for barricades and "no parking" signs with the appropriate department and ensure that they are placed in a timely fashion and in such a manner that the general public is notified.
[Added by Ord. No. 13-30; amended 1-19-2016 by Ord. No. 15-40]
A. 
Dip netting prohibited. It shall be unlawful to dip net from any bridge within the City or actively or passively assist any such activity.
B. 
Signage. The Park, Recreation and Forestry Department is authorized and directed to place and maintain suitable posts, signs or markers designating the areas of prohibition consistent with Subsection A; however, any failure to place or maintain such posts, signs or markers shall constitute no legal defense or excuse to any prosecution under the provisions hereof.
No railway corporation or person in charge of any locomotive, engine, railway car, train or trains shall cause or permit said locomotive, engine, railway car, train or trains, whether standing or in motion, to block any street crossing in the City for longer than five minutes.
[Added by Ord. No. 93-58]
It shall be unlawful for any person or company to deposit concrete, concrete residue or concrete truck cleanings upon any public lands within the corporate City limits of the City of Watertown, including road rights-of-way, or to make any deposits in the sanitary sewer or storm sewer systems of the City of Watertown. Persons or firms convicted of violating the provisions of this section shall pay a minimum forfeiture of $500 for a first conviction and a minimum of $1,000 for second and subsequent convictions.
A. 
The owners and occupants of all stores, houses and other buildings abutting on any of the streets in the City shall cause to be placed on their respective stores, houses or other buildings street numbers according to the plat of said City.
B. 
Numbers must be plainly visible from the curb of the street upon which the house fronts and mounted on a contrasting background. The minimum specifications on three types of house numbers presently available shall be as follows:
(1) 
Minimum tile base size of three inches high by two inches wide; nonilluminated.
(2) 
Minimum individual figure three inches high; nonilluminated.
(3) 
Illuminated number 1 1/4 inches high by seven-eighths-inch wide.[1]
[1]
Editor's Note: Original § 8.12, Street and alley vacations, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added by Ord. No. 03-30]
A. 
The depositing or placement of any type of yard waste, including grass clippings, leaves or tree branches or any other yard waste, in the paved portion of any road or alley is hereby prohibited. The Watertown Public Works Commission shall be responsible for establishing a written policy regarding the enforcement of this section. The Watertown Street Superintendent and Assistant Street Superintendent shall have the authority to issue citations to persons who violate this section.
B. 
The penalty for persons violating this section shall be $25 per occurrence plus court costs and assessments. Each violation and each day a violation continues or occurs shall constitute a separate offense. However, this section shall not preclude any appropriate action which the City may take to restrain or remove a violation of this section.
[Added by Ord. No. 05-28]
A. 
Public policy. It is hereby declared that, in the interests of public safety, health and general welfare, community appearance and efficiency of operation, it is unlawful to place, throw, leave, in any way deposit or permit to be deposited or permit to remain any dirt, rubbish, litter, debris or material of any kind upon any street, sidewalk or alley within the City.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Construction sites. All incidental mud-tracking off site from a construction site onto adjacent public thoroughfares shall be cleaned up and removed by the end of each working day using proper cleaning and disposal methods.
C. 
Private property. The owner, occupant or person in charge of private premises who places, causes or permits to remain any of such materials upon any street, sidewalk or alley in the City shall immediately remove said materials at no cost to the City.
D. 
Motor vehicle operator. The operator of any motor vehicle which tracks, drops or places any materials upon any street, sidewalk or alley in the City, except from a construction site, shall immediately stop and remove such materials at no cost to the City. In the event such operator is performing work under the control or authority of the owner, occupant or person in charge of the work on private premises, and such operator causes the deposit of any materials upon any street, sidewalk or alley in the City, which such operator fails to remove as required in this subsection, the owner, occupant or person in charge of such work on such private premises shall remove said materials at no cost to the City.
E. 
City removal and costs. In the event the materials are not removed from the street, sidewalk or alley in accordance with the aforementioned subsections, the City shall cause the removal of such materials and charge such operator or such owner, occupant or person in charge of such work the cost of removal. In the event the person charged for such removal fails to pay such costs within 30 days, it shall be entered on the tax roll as special tax against such property.
F. 
Penalty provisions. In addition to the cost of removal, such operator, owner, occupant or person in charge of such property shall be subject to a penalty of not less than $50 per occurrence. Each day that such materials are not removed shall constitute a separate offense under this section.
[Added 2-20-2018 by Ord. No. 18-1]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
MOBILE FOOD CARTS or PUSHCARTS or MOBILE FOOD ESTABLISHMENT
A restaurant or retail food establishment where food is served or sold from a movable NSF/ANSI 59 compliant pushcart which periodically or continuously changes location and requires a service base to accommodate the unit for servicing, cleaning, inspection and maintenance.
(1) 
Bicycle (two- or three-wheeled) food carts shall not be used as a mobile food cart or pushcart.
MOBILE FOOD VENDING TRAILERS or MOBILE FOOD ESTABLISHMENT
A restaurant or retail food establishment where food is served or sold from a movable trailer which periodically or continuously changes location and requires a service base to accommodate the unit for servicing, cleaning, inspection and maintenance.
(1) 
Mobile food vending trailers shall only be permitted in City-approved municipal parking lots.
MOBILE OPERATOR
Includes any person, firm or corporation who owns, leases, contracts or in any other fashion permits a person to operate upon a City street, sidewalk or municipal parking lot any mobile food establishment for the purpose of vending, or the person driving or operating any such vehicle.
MOTORIZED FOOD VENDING VEHICLE or MOBILE FOOD ESTABLISHMENT
A restaurant or retail food establishment where food is served or sold from a motorized movable vehicle which periodically or continuously changes location and requires a service base to accommodate the unit for servicing, cleaning, inspection and maintenance.
SIDEWALK
Has the meaning given in § 340.01(58), Wis. Stats.
VEND or VENDING
Offering food for sale from a mobile food establishment on City-owned streets, sidewalks or parking lots.
B. 
Permit required. No mobile operator shall vend from a mobile food establishment while on City-owned streets, sidewalks or parking lots unless a permit to do so is obtained from the City Engineer or designee. An annual permit and fee shall entitle the mobile operator to vend from a mobile food establishment for the period of July 1 of the application year through June 30 of the following year. For each additional individual vehicle utilized by a mobile operator, an additional permit fee shall be paid. Applicants must include a copy of their service base license and mobile food establishment license required by the Wisconsin Department of Agriculture, Trade and Consumer Protection or local agent with licensing authority.
(1) 
First-time applicants shall be eligible for a fifteen-month food vending on public streets permit that shall permit the mobile operator to vend from a mobile food establishment for the period of April 1 of the application year through June 30 of the following year at no additional fee.
C. 
Insurance. No permit shall be issued hereunder to a mobile operator unless a certificate is furnished to the City evidencing in form coverages and limits acceptable to the City that the mobile operator is adequately insured with respect to public liability for personal injury or death resulting from any one occurrence and on account of any one accident and property damage insurance; in addition:
(1) 
The City shall be an additional insured as evidenced on a certificate of liability insurance:
(2) 
Upon receipt of a permit under this section, the mobile operator of a mobile food establishment agrees that it shall defend, indemnify and hold harmless the City, its officers, employees and agents from and against all actions, losses, damages, liability, costs and expenses of every type and description, including, but not limited to, attorney fees, to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, in whole or in part, the acts or omissions of the permittee or the permittee's agents, officers or employees, directly or indirectly arising from the operation of a mobile food establishment;
(3) 
A certificate of liability insurance shall contain an acknowledgement attested by the insurer that prior to modification, cancellation or termination of the subject policy, written notice shall be sent to the City Engineer by said insurance company.
D. 
Inspections.
(1) 
Prior to the initial use and operation of a motorized food vending vehicle, said vehicle shall be thoroughly examined and inspected by a certified mechanic and found to comply with all standards of safety prescribed by the laws of the state or the City. An inspection report showing that a vehicle has met the standards of safety prescribed by law must be presented to the City Engineer or designee at the time of permit application.
(2) 
Every motorized food vending vehicle licensed pursuant to this chapter shall be inspected from time to time, but no less frequently than annually, by a certified mechanic to ensure the continued maintenance of safe operating conditions. The operation of any vehicle which fails to meet the standards of safety established by law shall be discontinued until such time as the deficiency is eliminated in the exclusive determination of the City.
(3) 
All mobile food establishments shall be inspected in accordance with Ch. ATCP 75, Wis. Adm. Code, Wisconsin Food Code and Chapter 319 of this Code.
E. 
Pedestrian sidewalk access. All vending activities from a mobile food cart or push cart shall be conducted to maintain a minimum width of three feet of unobstructed public pedestrian walkway adjacent to the vending site.
F. 
Park and recreation facilities. See Chapter 398 of this Code.
G. 
Restrictions on vending activity.
(1) 
A mobile operator shall not leave a mobile food establishment unattended at any time.
(2) 
A mobile operator shall vend only when the mobile food establishment is lawfully parked, stopped, or standing.
(3) 
A mobile operator of a motorized food vending vehicle shall vend only from the side of the vehicle away from moving traffic and as near as possible to the curb or outer limit of the street.
(4) 
A mobile operator shall not vend to any customer situated in the street.
(5) 
Mobile food carts or push carts shall only vend on sidewalks or City-approved municipal parking lots.
(6) 
Loading and unloading of mobile food carts or push carts shall not obstruct traffic.
(7) 
The City Engineer shall establish and make known to mobile operators all City streets, sidewalks or municipally owned parking lots that are disapproved for the utilization of vending. The City Engineer shall take into consideration factors such as the classification of the street, the amount and character of the traffic carried thereon, and any special hazards to the public which may be created by permitting vending activity thereon.
(8) 
No vending activity shall occur between the hour of 10:00 p.m. and the hour of 7:00 a.m. next succeeding.
(a) 
All mobile food establishments shall not be parked and/or stored on or within any City of Watertown street, sidewalk or municipally owned parking lot between the hour of 10:00 p.m. and the hour of 7:00 a.m. next succeeding.
(9) 
A mobile operator must maintain at least one leakproof waste container for customer use and shall be responsible for proper and legal disposal of customer litter or other refuse collected in the natural course of conducting the activities permitted under this section. Mobile operators are required to remove or otherwise properly dispose of all waste, litter or garbage generated by their operations and patrons on a daily basis, including that which may be reasonably seen from the location of operation on the ground or otherwise not in a proper disposal container.
(10) 
A mobile food establishment or mobile operator shall not obstruct the ingress or egress from commercial buildings and private driveways.
(11) 
A mobile food establishment or mobile operator shall not vend within 30 feet of the property line of a licensed food establishment.
(12) 
A mobile operator shall not operate within 200 feet from a community event or parade without written permission from the event permit holder.
(a) 
A community event is an event licensed or permitted under Chapter 398 or 428 of this Code.
(13) 
No mobile operator or mobile food establishment shall use utilities from the public rights-of-way; this includes, but is not limited to, reliance on extension cords or water hoses.
(14) 
Mobile operators or mobile food establishments relying on generators shall not use or rely on a generator that produces noise greater than 60 decibels.
(15) 
All mobile food establishments must have signage posted, in lettering not less than three inches in height and two inches in width, in plain view to all patrons that provides the name of the mobile operator and a valid telephone number.
(16) 
All state, county, local agents with licensing authority and/or City of Watertown licenses and/or permits shall be conspicuously displayed on all mobile food establishments while in operation.
H. 
Sound amplification devices. No mobile operator while vending shall use a sound amplification device, bell or horn which is audible for a distance of more than 50 feet from a mobile food establishment. No such device shall be used within 300 feet of any church or place of worship, school, hospital, residential zoning district or municipal building.
I. 
Denial, suspension or revocation of permit. Failure to comply with all applicable municipal code(s) or state statute(s) shall result in immediate denial, suspension or revocation of a mobile operator's food vending on public streets permit.
J. 
Appeal. The decision to deny, condition or suspend a permit shall be reviewable upon appeal pursuant to the provisions of Chapter 10 of this Code.
K. 
Exemptions. A food vending on public streets permit shall not be required for any mobile food establishment that is associated with a public event under Chapter 428 of this Code, events/concessions under Chapter 398 of this Code, Watertown Main Street Program's Farmers Market, or Watertown Public Library's Farmers Market so long as the food vending vehicle is removed within 24 hours of the stated end of the licensed event.
Any person who shall violate any provision of this chapter shall be subject to the penalty provided in § 1-4. Each violation and each day a violation continues or occurs shall constitute a separate offense. However, this section shall not preclude any appropriate action which the City may take to restrain or remove a violation of this chapter.