[Adopted as Sec. 6-2-5 of the 1995 Code]
No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant except as provided in §§ 491-17 and 491-18.
The prohibition of § 491-16 shall not apply to the following:
A. 
Temporary encroachments or obstructions authorized by permit under Article VI of this chapter pursuant to § 66.0425, Wis. Stats.
B. 
Building materials for the period authorized by the Building Inspector, which shall not obstruct more than 1/2 of the sidewalk or more than 1/3 of the traveled portion of the street and which do not interfere with the flow in the gutters.
C. 
Excavations and openings permitted under §§ 491-7 and 491-8 of this chapter.
[Amended 11-17-2022 by Ord. No. 2022-6]
A. 
The Village Clerk, upon the recommendation of the Director of Public Works and/or Building Inspector, is authorized to issue a permit which allows property owners to place certain fixtures, such as for the sale of merchandise, on sidewalks which immediately adjoin their property. In determining if a permit shall be authorized, all of the following requirements must be met:
(1) 
The property must be located in an area zoned for commercial uses.
(2) 
The fixture(s) shall not be physically attached to the sidewalk, any street fixtures or any adjacent building, and shall be of a temporary design.
(3) 
The placement of the fixture shall not impede the flow of pedestrian traffic on the sidewalk. In no event shall the fixture reduce the unobstructed sidewalk width to less than five feet at any point.
(4) 
The property owner shall provide the Village with proof of liability insurance coverage. The insurance coverage shall be an amount of not less than $500,000 per occurrence and the policy shall specifically state that it includes coverage for the fixtures located on the Village sidewalks. In addition, the Village shall be identified as a third party insured.
(5) 
The fixtures(s) shall not be for sale nor shall the fixtures(s) be used for the sale of merchandise. Specifically excluded are all forms of vending machines, vendor carts or tables, etc.
(6) 
The property owner whose property adjoins the Village sidewalk shall file the permit application or authorize the occupant of the subject property to file the permit application.
(7) 
The property owner or the occupant of the subject property shall display the approved permit in the window of the building so that it can be seen from the sidewalk.
B. 
Upon reviewing the permit application if it is determined by the Village Clerk that all of the above requirements have been met, he shall issue the permit. Said permit may be revoked by the Village President, Director of Public Works, Village Clerk, Building Inspector or any Village law enforcement officer ("Village enforcement officials") at any time when one or more of the above requirements are not complied with or if he determines that the placement of the fixture(s) endangers the safety of the pedestrians who utilize the sidewalks.
A. 
Sidewalk obstruction. In addition to any other penalty imposed, if any Village enforcement official determines that a sidewalk is unlawfully obstructed in violation of this article, he shall issue a written notice to the owner or occupant of the premises which adjoins the obstructed sidewalk directing that the obstruction be removed within 24 hours.
B. 
Village street, alley, public grounds or land dedicated for public use obstructed or encumbered. In addition to any other penalty imposed, if any Village enforcement official determines that a Village street, alley, public grounds or land dedicated for public use is obstructed or encumbered, he shall issue a written notice to the property owner of the premises which adjoin the obstructed public area directing that the obstruction be removed within 24 hours.
C. 
If the owner or occupant fails to remove the obstruction within the time period established in Subsection A or B, respectively, any Village enforcement official shall cause the removal of the obstruction, keeping an account of the expense of the abatement, and such expenses shall be charged to and paid by such property owner. Notice of the bill for abatement of the obstruction shall be mailed to the owner of the premises and shall be payable within 10 calendar days from receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the Village Treasurer shall enter those charges onto the tax roll as a special tax as provided by the state statutes.
[Amended 11-17-2022 by Ord. No. 2022-6]
D. 
The failure of the Village Treasurer to record such claim or to mail such notice or the failure of the owner to receive such notice shall not affect the right to place the Village expense on the tax rolls for unpaid bills for abating the obstructions as provided for in this section.
[Amended 11-17-2022 by Ord. No. 2022-6]