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City of Franklin, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Franklin 8-5-1997 by Ord. No. 97-1461 as Secs 9.01 through 9.06, 9.09, 9.10, 9.15, 12.20 and 13.035 of the 1997 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fences — See Ch. 92, § 92-6.
Mobile homes and mobile home parks — See Ch. 174.
Nuisances — See Ch. 178.
Orderly conduct — See Ch. 183.
Plumbing standards — See Ch. 190.
St. Martins Fair — See Ch. 203.
Sewers and water — See Ch. 207.
Signs and billboards — See Ch. 210.
Solid waste — See Ch. 218.
Trees — See Ch. 240.
Vehicles and traffic — See Ch. 245.
A. 
The grade of all streets, alleys and sidewalks shall be established and described by the Council and shall be recorded by the City Engineer in his or her office. No street, alley or sidewalk shall be worked until the grade thereof is established.
[Amended 3-5-2002 by Ord. No. 2002-1708]
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 Council.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CULVERT
Any pipe or piping used to guide surface water through or under roads or driveways.
DRIVEWAY
Any roadway leaving a public street, highway or road and entering upon private or business property.
B. 
Types.
(1) 
Approved culverts shall be constructed of corrugated metal, in compliance with Wisconsin State Highway specifications, of an approved type. The metal type shall be preferred. Culverts constructed of boilers, water tanks, boiler pipes or other nonapproved materials shall be prohibited.
(2) 
Culverts may be purchased by the owner, and if so purchased, the current list price of the culvert will be deducted from the City's charges.
C. 
Size.
(1) 
The diameter of any culvert shall be as determined by the City Engineer and shall be based on the ultimate development of the area in accordance with the zoning in effect at the time of installation.
(2) 
Minimum length of the culverts shall be as follows:
(a) 
Diameter of 12 inches, 15 inches, 18 inches and 21 inches and No. 12, No. 15, No. 18 and No. 21 pipe arch: 20 feet.
(b) 
Diameter of 24 inches and 30 inches and No. 24 and No. 30 pipe arch: 22 feet.
(c) 
Diameter of 36 inches and 42 inches and No. 36 and No. 42 pipe arch: 24 feet.
(d) 
All other sizes shall be a length as directed by the City Engineer.
(3) 
The maximum length of any driveway culvert shall be 34 feet, unless otherwise approved by the City Engineer.
D. 
Installation.
(1) 
Installation of culverts shall be made by City street employees so as to ensure maintenance of proper grades and uniformity of depth and cover.
(2) 
The cost of all culvert installations shall be in accordance with the schedule approved by the Board of Public Works and on file in the City Engineer's office. Payment of such costs shall be made at the time application for such installation is made.
(3) 
This subsection shall include culverts installed at the direction of the City Engineer.
E. 
Movement of existing culverts.
(1) 
Movement of existing culverts must be made by City crew, and costs incidental to such moves, including fill and cover materials, are to be borne by the property owner.
(2) 
This subsection shall exclude those moves as are required or made necessary incidental to construction on or widening of City streets and/or ditches.
(3) 
Culverts not meeting City specifications shall be removed and replaced and the cost thereof charged to the abutting property.
(4) 
Under no circumstances wherein repair or restoration by City crew to a rural (noncurb and gutter) Portland concrete driveway approach over a ditch culvert is required incidental to the movement, removal or alteration of the culvert shall the City be required to use any concrete material other than asphaltic concrete.
(5) 
Where it is necessary as part of the restoration of a public construction project or the City re-grading of roadside ditches to reset driveway culverts, such resetting costs shall be borne by the City. Should the existing culvert be deteriorated or lacking flow capacity, the City shall replace the existing culvert at its cost, with no charge to the abutting property owner.
[Added 2-2-2010 by Ord. No. 2010-1992]
(6) 
End walls.
[Added 2-2-2010 by Ord. No. 2010-1992]
(a) 
Certain culverts have end walls. These end walls can be prefabricated corrugated metal, precast concrete, or custom-made concrete, brick, block or stone.
(b) 
The City shall remove and set aside culvert end-wall materials during construction and reset the end walls as part of restoration if determined to be reasonable by the City Engineer or designee, as to municipal cost and available municipal construction capabilities in the area and not of an unusual design or unique material construction requiring excessive costs or scarce resources for restoration.
(7) 
The property owner of the existing culvert determined to be moved by the City Engineer or the City Engineer's designee may appeal the determination as to the move and/or the resulting determined restoration upon the grounds of error made in such determination(s), by filing a written notice of appeal with the City Engineer within five days of the initial written or verbal notice from the City, its officers, employees or agents, to the property owner of such determined move or restoration. The notice of appeal shall set forth with specificity the claimed errors in the application of this Subsection E. The Board of Public Works shall schedule such appeal for hearing before it at its next regular meeting which is scheduled to be held not less than five days from the date of the filing of the notice of appeal.
[Added 2-2-2010 by Ord. No. 2010-1992]
A. 
Permit.
(1) 
No person shall construct, build, establish or maintain any driveway over, across or upon any portion of the public sidewalk or public parkway without first having obtained a written permit to do so from the City Engineer. No such permit shall be issued for construction or establishment of any such driveway, except in accordance with the provisions contained herein.
(2) 
Application for permit must be made in writing upon forms furnished by the City. The application shall contain the name and address of the person making the application, the name of the contractor or person who is to construct the driveway and the proposed location and dimensions of such driveway. Complete plans and specifications shall be submitted to the City Engineer at least 48 hours before a permit shall be issued.
B. 
Fees. Before any work is started, the contractor shall pay to the City Treasurer permit and inspection fees of $5.
C. 
Supervision. All such work shall be done under the jurisdiction of the City Engineer and in accordance with the ordinances of the City and shall be inspected upon completion by the City Engineer or his or her representative.
D. 
Specifications. All plans and specifications must conform to the City minimum requirements on file in the office of the City Engineer.
E. 
Maintenance. Any portion of a driveway approach existing upon any portion of a public street or right-of-way shall be maintained by the owner of the property served by such driveway so that the grade of the street or right-of-way is maintained and in no way diverted, depressed or obstructed. Any condition of a driveway approach which creates a hazard to street travel or municipal snow removal or any damage to a driveway approach caused by municipal snow removal equipment due to such condition shall be corrected and repaired by and at the expense of the owner of the property served by such driveway approach.
F. 
Concrete driveway approach required. All driveway approaches serving any property abutting a public street, which public street includes the installation of concrete curb and gutter or a mountable concrete curb abutting, adjoining or adjacent to the property served by the driveway approach, shall be constructed of concrete and shall meet all of the other terms and provisions of this section. Such concrete driveway approach shall be installed by the owner of the property being served by the same prior to the issuance of an occupancy permit for the subject property, excepting during the period from December 1 to May 1, annually, provided that the property owner has applied for a permit as required under Subsections A(1) and (2) above.
[Added 12-16-1997 by Ord. No. 97-1479]
G. 
Second driveway.
[Added 8-24-1999 by Ord. No. 99-1574]
(1) 
The owner of property supporting a one- or two-family residence or property zoned for such use may make application under this section for the installation of one additional driveway, in addition to the one driveway to service a single-family dwelling or in addition to the one or two driveways to service a two-family dwelling. The City Engineer may permit and approve such application after review and recommendation by the Building Inspection and Planning and Zoning Departments where the proposed additional driveway will result in a circular drive upon the property constructed to the principal building or where additional access is necessary so as to be connected to an accessory parking structure for access purposes. No permit shall be granted by the City Engineer where such second driveway installation:
(a) 
Would not meet the minimum turning radii set forth in the Engineering Department of Design Specifications;
(b) 
Where the resulting driveway access to a public street would be within 50 feet from a street intersection corner lot line; or
(c) 
Where such proposed second driveway would not otherwise comply with all setback requirements under the Unified Development Ordinance.
(2) 
Should the City Engineer deny any such application under this Subsection, the City Engineer shall specify the reasons for such denial and send written notice thereof by regular mail to the applicant. The applicant may appeal such denial to the Common Council within 30 days of the date of written notice thereof by filing a request for appeal with the City Clerk, specifying the reasons for such appeal.
H. 
Restoration of construction within right-of-way.
[Added 2-2-2010 by Ord. No. 2010-1992]
(1) 
The City and its contractor and any public utility installing or maintaining facilities, or performing roadway rehabilitation, shall be responsible to restore the driveway to the reasonably same condition as what previously existed.
(2) 
Subsection H(1) above shall not apply, and the City, contractor or utility shall be responsible to restore a disturbed area with a minimum of six inches of gravel and three inches of bituminous pavement, placed to match existing pavement, where:
(a) 
A driveway is constructed of concrete and extends to the edge of a rural street (without curb and gutter) which is bituminous pavement; or
(b) 
A driveway is constructed of a decorative material, such as brick or block, and extends to the edge of a rural street (without curb and gutter) which is bituminous pavement.
(3) 
The property owner of the driveway as determined to be restored by the City Engineer or the City Engineer's designee may appeal the determination as to the restoration upon the ground of error made in such determination, by filing a written notice of appeal with the City Engineer within five days of the initial written or verbal notice from the City, its officers, employees or agents, to the property owner of such determined restoration. The notice of appeal shall set forth with specificity the claimed errors in the application of this Subsection H. The Board of Public Works shall schedule such appeal for hearing before it at its next regular meeting, which is scheduled to be held not less than 5 days from the date of the filing of the notice of appeal.
[Amended 6-7-2011 by Ord. No. 2011-2050]
A. 
Permit required. No person shall open or tear any part of any street, alley, sidewalk, parkway or other public place in the City for any purpose without first obtaining a permit from the Director of Public Works or his or her authorized representative.
B. 
Insurance required.
(1) 
A permit shall be issued only upon the condition that the applicant submit evidence to the Director of Public Works that the applicant is covered by public liability insurance by the following amounts and that such insurance protects the City from all claims.
Personal Injury
Property
One Person
One Accident
$1,000,000
$2,000,000
$500,000
(2) 
The evidence of insurance shall also provide that the City be notified at least 10 days prior to cancellation or expiration of the insurance.
C. 
Information to accompany application. The applicant for a permit shall submit to the Director of Public Works, at the time the permit is applied for, sufficient information relating to the work to be done. The Director of Public Works shall determine if sufficient information is submitted, but in no case shall it be less than the following:
(1) 
The applicant shall state the nature and location of the work, the reason for the work and the proposed method of doing the work.
(2) 
The proposed utility plan shall show the area(s) and type(s) of erosion control that may be necessary to control disturbed soil. Work site restoration shall show location and material to be used.
D. 
Permit fee. The permit fee(s) is given in the schedule in Subsection D(1). Upon written notice to the permit applicant, restoration work that is not completed or not deemed to be of acceptable quality by the Director of Public Works or his representative, the applicant will be given 20 days to correct all deficiencies. The City may then complete work or hire a contractor to correct the deficiencies and bill the applicant for work performed.
(1) 
The permit fee schedule is as follows:
(a) 
Application fee: $50.
(b) 
First one foot to 200 feet in length: $50.
(c) 
Minimum total fee: $100.
(d) 
Additional $0.10 per foot for installed utility lengths exceeding 200 feet.
(2) 
Calculation will be made based on the number of lineal feet of utility main installed or repaired.
E. 
Permit to be displayed. The permit shall be displayed on the site at all times.
F. 
Permit to become void. Unless the work shall be commenced within 30 calendar days of the issuance of the permit, the permit shall be void, and a new permit shall be obtained and an additional fee charged. The permit will remain in effect for one year from date of issuance. The Director of Public Works may extend the time limitation for sufficient cause.
G. 
Notices required.
(1) 
The permittee shall notify all public and private individuals, firms and corporations affected by the work at least 24 hours before such work is to start.
(2) 
The permittee shall notify the Director of Public Works or his or her authorized representative at least 24 hours prior to the time of starting work and again at least four hours prior to backfilling and/or restoring the surface.
H. 
Emergency work. In the event of an emergency arising out of office hours, at night, Sundays or legal holidays, when an immediate excavation may be necessary for the protection of public or private property, the same shall be reported to the Police Department, which shall grant permission to make the necessary excavation upon the express condition that an application be made in the manner herein provided on or before noon of the next following business day.
I. 
Construction of new facilities. Within six months after notification by the City that a new street, alley or sidewalk pavement is to be constructed, all public and private utilities, firms or individuals shall construct their necessary facilities in a manner not to interfere with the paving work.
J. 
Maximum street opening. The permittee shall prosecute the work in such a manner so that not more than 600 lineal feet of trench shall be open at one time.
K. 
Completion of the work. Excavations shall not remain open in excess of three calendar days unless specific permission is obtained from the Director of Public Works prior to the third day. For each day or fraction thereof the excavation remains open in excess of three days, the permittee shall forfeit to the City as damages the sum of $25.
L. 
Method of doing work.
(1) 
Excavating. The trench shall be excavated to a sufficient width and depth to permit the laying of the pipe or conduit, using special care to avoid damaging existing conduits or pipes. All work shall be done in a manner to conform to the Wisconsin Administrative Codes that may apply and to the rules and regulations of the City. All refuse and excess excavated material shall be removed from the street surface as the work progresses and shall not be permitted to be deposited on the site.
(2) 
Maintenance of opening. The applicant shall backfill the opening immediately upon the completion of the work and place at least eight inches of traffic bind or similar material in the opening. The applicant shall maintain the opening in good condition for six months after the completion of the work or until the surface has been restored, either by the permittee or the City.
(3) 
Backfilling. Backfilling shall be done with due care in a workmanlike manner and shall be consolidated by flooding or tamping according to approved methods so as to prevent the settling of the facility. In all streets, alleys, sidewalks or other public ways, whether improved or unimproved, all excavated material shall be removed and the trench shall be completely backfilled with clear limestone, one bag concrete mix slurry or gravel, unless permission is obtained from the Director of Public Works to use excavated material for backfill.
(4) 
Barriers and lights in streets. Each opening made in the street or public ways shall be enclosed with sufficient barriers. Red lights must be kept burning from sunset to sunrise, one red light to be placed at each end of opening in street and other lights to be placed at intervals of 10 feet. All necessary precautions shall be taken to guard the public effectually from accidents or damage to persons or property from the beginning to the end of the work.
(5) 
Restoration of surface. Should any person, firm or corporation fail to restore the surface within seven calendar days or within a period determined by the Director of Public Works, the City will make such repairs and will direct to bill the utility for the cost of labor, material and an administrative cost of 15%.
(6) 
Street cuts.
(a) 
How cut. All cuts in streets owned by or to be dedicated to the City shall be saw cut.
(b) 
Backfill. Excavation from street cuts made in streets owned by or to be dedicated to the City shall be backfilled with aggregate slurry backfill consisting of No. 1 and No. 2 coarse aggregate Class "C" concrete mix, with the cement deleted and prepared by mixing the material with water to inundate the aggregate sufficient to provide an approximate three-inch slump which is deposited in the trench directly from a concrete transit mix truck according to Standard Specifications for Sewer and Water Construction in Wisconsin, March 1, 1980 (4th ed.).
(c) 
Enforcement.
[1] 
Any person who violates the provisions of this subsection may be ordered by the Municipal Court to properly cut and/or excavate and properly backfill the street cut.
[2] 
Any person who violates the provisions of this subsection is subject to the provisions of Chapter 1, General Provisions, § 1-19.
M. 
Plumbing permits. See also §§ 190-8 through 190-12 and §§ 190-16 and 190-17. In the event of conflict, such sections shall control.
A. 
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 such person is the owner or occupant, including the installation of a private lawn sprinkler or sprinkler system in the public right-of-way, except as provided in Subsection B.
B. 
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1) 
Signs or clocks attached to buildings which project not more than six inches from the face of such building and which do not extend below any point 10 feet above the sidewalk, street or alley.
(2) 
Awnings which do not extend below any point seven feet above the sidewalk, street or alley.
(3) 
Public utility encroachments authorized by the City.
(4) 
Goods, wares, merchandise or fixtures being loaded or unloaded which do not extend more than three inches on a sidewalk, provided that such goods, waters, etc., do not remain thereon for more than three hours.
(5) 
Building materials, when placed upon the street, alley or sidewalk, upon conditions prescribed by the Director of Public Works. He or she may require such materials to be protected by barricades or appropriate lights.
(6) 
Temporary use of the streets with a permit issued under § 222-10.
(7) 
Installed private lawn sprinklers or sprinkler systems to provide irrigation to a berm, planting strip, median island or other similar landscaping feature required by the City to be installed and/or maintained by a developer or property owner, subject to the prior approval of the Common Council, upon a finding that such sprinkler installation use will not interfere with the public interest in such property.
A. 
Owner to clean sidewalk. The owner of any building or lot fronting upon or adjoining any street shall clean or cause to be cleaned the sidewalk abutting such building or lot of snow and ice and shall cause the same to be kept clear of snow and ice within 24 hours after such snow or ice has ceased to fall or accumulate thereon, provided that when ice has so formed on any sidewalk that it cannot be removed, such person shall ensure safe traversing by applying an abrasive material or salt within the time period referred to herein.
B. 
Depositing snow on streets and public property. No person shall throw, blow, pile or place, or cause or allow to be thrown, blown, piled or placed, any snow or ice on any public street, public place or public property. This subsection may be enforced against any person or entity performing snow removal or the person or entity owning the property from which the snow was removed or all of the aforesaid parties. This subsection shall not apply to any employee of the Department of Public Works, Fire Department or Police Department while acting within the scope of City employment.
[Amended 5-17-2005 by Ord. No. 2005-1841]
C. 
City may effect compliance. Whenever any owner of any lot or parcel fails or neglects to remove snow and ice from any sidewalk, the Director of Public Works, without notice, shall cause such snow and ice to be removed therefrom. The Director of Public Works shall determine on a yearly basis the costs of such abatement and keep an accurate account of the expense of keeping sidewalks clear of snow and ice where the owners of such lots fail to do so. The Director of Public Works shall report recorded expenses to the City Clerk, who shall enter the cost of such snow or ice removal on the tax roll as a special tax against the lot affected. In addition to the aforesaid City abatement costs, any person or entity who shall violate any provision of this § 222-6 may, after given written notice, be subject to citation by the Superintendent or Assistant Superintendent of Public Works for the City of Franklin and, upon conviction of a first offense thereof, forfeit the sum of $50 for single-family residential property and $100 for multifamily, commercial or industrial property, and be otherwise subject to all of the remaining terms and provisions of §1-19, the penalty provisions of this Municipal Code.
[Amended 5-17-2005 by Ord. No. 2005-1841]
D. 
Exceptions. Sidewalks on double frontage lots shall be maintained as set forth above, except that the City shall be responsible for snow and ice removal from walks that service the rear of such double frontage lots. Owners of cemetery property shall be exempt from the requirements of this section, and the City shall be responsible for snow and ice removal from sidewalks abutting cemetery property. Owners of single-family zoned and developed property abutting a public sidewalk shall be exempt from the requirements of this section and the City shall be responsible for snow and ice removal from such sidewalk, where the density of the single-family dwelling structures along the length of the abutting contiguous public sidewalk is more than 750 feet, measured lineally and parallel to the public sidewalk.
[Amended 2-5-2008 by Ord. No. 2008-1938; 12-21-2010 by Ord. No. 2010-2036]
A. 
Procedure. Upon written application of a party disputing the location of a rural mailbox within the public right-of-way addressed to the Building Inspector stating the reasons for his or her objections to such location, the Building Inspector shall investigate such complaint and attempt to resolve it. If the Building Inspector cannot resolve the complaint, he or she then shall determine where such mailbox shall be located and advise the owner of the mailbox to locate or relocate the mailbox at a designated spot. His or her determination shall be in writing and addressed to the owner of the mailbox. The owner shall be allowed up to 30 days to relocate the mailbox.
B. 
Penalty. If the owner of a mailbox fails to comply with the written order of the Building Inspector within the time limit prescribed therein, he or she shall be subject to the penalties set forth in Chapter 1, General Provisions, § 1-19.
All stones and/or rocks or other material lying within the public right-of-way shall be removed or set back as follows:
A. 
If there is an existing curb and gutter, the stones and/or rocks or other material shall be relocated so that such materials are not within three feet of the back of the curb and gutter.
B. 
If there is no curb and gutter, the stones and/or rocks or other materials shall not be kept within six feet of the edge of the street or roadway.
[Added 9-15-1998 by Ord. No. 98-1511]
Where the City has required as a condition of subdivision development that a group mailbox holder be provided to serve cul-de-sac properties within the subdivision, no person shall install any mailbox to serve a property designated to be served by the group mailbox holder, outside of the mailbox holder, and any such outside or freestanding mailbox is prohibited.
No property owner shall cause the discharge of water from his or her sumps directly or indirectly upon any public street or highway from November 15 to April 15 of each year. During such period, the property owner shall discharge the water from their sumps onto their lawns at a point not more than 10 feet from their building.
[Amended 3-5-2002 by Ord. No. 2002-1708]
A. 
Permit required. No person shall obstruct, close or otherwise deter traffic in the public streets, roads or highways without a permit issued by the City Clerk of the City. This section shall not apply to City, county or state personnel working in the streets, roads or highways.
B. 
Application for license. Any person desiring to obstruct or deter traffic or close a street, road or highway shall complete a permit application form obtainable from the office of the City Clerk. The application form shall state:
(1) 
The name and address of the applicant.
(2) 
The name and address of the person or association the applicant represents.
(3) 
The nature and purpose of the obstruction or street closing.
(4) 
A description of all parts of the road, street or highway which the applicant seeks to obstruct or close.
(5) 
The date and times which the street, road or highway is proposed to be obstructed or closed.
(6) 
The estimated number of people proposed to attend the event.
(7) 
The plans for cleaning up after the event is completed.
(8) 
Provisions for allowing ingress and egress of people or businesses denied access during the event.
(9) 
If the street, highway or road is owned by another jurisdiction (county or state), whether the applicant has obtained permission from that other jurisdiction.
(10) 
All applications shall be signed and sworn to by the applicant.
C. 
Permit consideration. Upon filing the completed application, the City Clerk shall forward the application to the Police Chief and City Engineer for their comments on such matters as traffic rerouting, police services required, public works services required and other relevant matters.
D. 
Issuance of permit upon return of comments from the Police Chief and City Engineer. The City Clerk may issue the permit and place such conditions upon it as are appropriate to secure the public safety and assure compliance with the conditions, including but not limited to use of a cash bond for damage restoration, cleanup, loan of and return of street barricades, use of extra City services and time deadlines for cleanup. No permit shall be issued if the street, road or highway is owned by another jurisdiction and the application fails to obtain the permission of the jurisdiction owning the street, road or highway.
E. 
Appeal. If the City Clerk declines to grant the permit, the applicant may appeal such denial to the City Council.
F. 
Road damage and cleaning. After the event has been completed, the applicant is responsible for assuring that the area used for the event is returned to the same condition as it was prior to the event, including but not limited to damage to the road and litter pickup.
G. 
Penalties. Violation of this section for failure to obtain a permit, willful falsification of the application or failure to fully comply with the conditions of the permit shall be punishable under the terms of Chapter 1, General Provisions, § 1-19.
[Added 4-3-2017 by Ord. No. 2017-2265[1]]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
COAL TAR
A byproduct of the process used to refine coal. Coal tar contains high levels of polycyclic aromatic hydrocarbons (PAHs).
COAL TAR SEALANT PRODUCT
A pavement sealant product that contains coal tar, coal tar pitch, coal tar pitch volatiles, RT-12, refined tar or any variation assigned the Chemical Abstracts Service (CAS) Numbers 65996-92-1, 65996-93-2, 65996-89-6, or 8007-45-2 or related substances.
DIRECTOR
The City Engineer or the City Engineer's designee.
HIGH-PAH SEALANT PRODUCT
Any pavement sealant product that contains greater than 0.1% polycyclic aromatic hydrocarbons (PAHs) by weight, including, but not limited to, coal tar sealant products and sealant products containing steam-cracked petroleum residues, steam-cracked asphalt, pyrolysis fuel oil, heavy fuel oil, ethylene tar, or any variation of those substances assigned the Chemical Abstracts Service Number 64742-90-1, 69013-21-4 or related substances.
PAVEMENT SEALANT PRODUCT or SEALCOAT
Any substance that is typically applied on paved surfaces to protect the surfaces. This may include but is not limited to sealant products that are coal tar or asphalt based.
POLYCYCLIC AROMATIC HYDROCARBONS (PAHs)
A group of organic chemicals that are formed during the incomplete combustion of coal, oil, gas, or other organic substances, are present at high levels in coal tar, and are known to be harmful to humans, fish, and other aquatic life.
B. 
Enforcement. Violations of this section will be enforced by the City Engineer or the City Engineer's designee.
C. 
Regulation of the application and sale of coal tar or other high-PAH sealant products.
(1) 
Except as provided in Subsection D, no person shall apply any coal tar sealant product or high-PAH sealant product within the City of Franklin.
(2) 
No person shall sell, offer to sell, or display for sale any coal tar sealant product or high-PAH sealant product within the City of Franklin.
(3) 
Any person who sells pavement sealant products shall prominently display, in the area where such pavement sealant products are sold, a notice that contains the following language: "The application of coal tar sealant products or other high-PAH sealant products on driveways, parking lots and all other paved surfaces in the City of Franklin is prohibited by § 222-11 of the City of Franklin Municipal Code of Ordinances. Polycyclic aromatic hydrocarbons (PAHs), are a group of organic chemicals that are known to cause cancer and are toxic to aquatic life. Coal tar and other high-PAH sealant products are a major source of PAHs that can travel into homes, buildings, and soils, or be carried by stormwater and other runoff into the water resources of the City of Franklin."
(4) 
No person shall allow a coal tar sealant product or other high-PAH sealant product to be applied upon property that is under that person's ownership or control.
(5) 
No person shall contract with any commercial applicator, residential or commercial developer, or any other person for the application of any coal tar sealant product or high-PAH sealant product to any driveway, parking lot, or other surface within the City of Franklin.
(6) 
No commercial applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any coal tar sealant product or high-PAH sealant product to any driveway, parking lot, or other surface within the City of Franklin.
D. 
Exemptions. The director may exempt a person from a requirement of this chapter if the director determines that:
(1) 
The director may exempt a person from the requirements of Subsection C if the person is conducting bona fide research concerning the effects of a coal tar sealant product or high-PAH sealant product on the environment; the use of the coal tar product or high-PAH sealant product is required for said research; and the director determines that said research will not cause significant contamination of the surrounding environment, including soils and aquatic ecosystems, and will not unduly endanger human health.
(2) 
The director may exempt a person from the requirements of Subsection C if the person does not intend to apply the sealant within municipal boundaries.
E. 
Penalty.
(1) 
Any person who violates Subsection C by applying a coal tar sealant product or high-PAH sealant product at his or her residence shall be subject to a fine not to exceed $500.
(2) 
Each day that a violation occurs or continues is a separate offense and subject to an additional fine.
(3) 
Any commercial sealant product applicator, residential or commercial developer, industrial or commercial owner, or any other person, other than a person identified under Subsection E(1) above, who violates Subsection C shall be subject to a fine of not less than $1,000 nor more than $10,000. Each incidence of a violation shall constitute a separate offense. Upon default of payment, the violator shall be subject to imprisonment for not less than 30 days nor more than 100 days.
[1]
Editor's Note: This ordinance also renumbered former § 222-11 as § 222-12.
Except as otherwise provided, any person who shall violate any provision of this chapter, or any order, rule or regulation made hereunder, shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-19.