ARTICLE GENERAL City of Oshkosh

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					City of Oshkosh                                                                                    Municipal Code
                                                                                            Revisions thru 8/31/09


                                                CHAPTER 25.


         ARTICLE I. GENERAL REGULATIONS.

25-1              Authority of Board of Public Works to make additional rules.
25-2              Permits to be kept on job site and displayed to City officials or such persons.

         ARTICLE II. STREETS AND ALLEYS.

25-3              Council to establish grades.
25-4              Interference with grade stakes.
25-5              Opening of streets.
25-6              Street surfacing improvements to require Common Council action.
25-7              Procedure for street improvements by petition; schedule of charges.
25-8              Procedure for street improvement by order of the Common Council without petition.
25-9              Underground street improvements.
25-10             Procedure for payment for street construction.
25-11             Future assessments following completion of street improvement.

         ARTICLE III. WORK IN STREETS AND PUBLIC RIGHT OF WAYS.

25-12             Work in right of way license required.
25-13             Liability insurance required for issuance of license.
25-14             Surety bond; nature and amount.
25-15             Approval of policy and bond by City Attorney.
25-16             Work in right of way permit required.
25-17             Backfilling materials; manner in which work performed.
25-18             Removing earth from streets prohibited without permission; damages.
25-19             Removing pavement.
25-20             Width of trenches.
25-21             Manner in which concrete sidewalks and terrace to be cut.
25-21.1           Replacing street surface.
25-21.2           Concrete pavement.
25-21.3           Asphalt pavement and asphalt over concrete.
25-21.4           Oiled gravel streets.
25-21.5           Excavation of a series of trenches in high type pavement.
25-22             Street to remain open to traffic during course of excavation work.
25-23             Reserved.
25-24             Reserved.
25-25             Repairing of City streets when excavations have been made therein.

         ARTICLE IV. OBSTRUCTION IN STREETS.

25-26             Obstruction in street prohibited
25-27             Public nuisance.
25-28             Spilling materials on streets prohibited.
25-29             Planting in streets.
25-30             Traffic interference caused by branches or natural growth.
25-30.1           Traffic interference caused by buildup of ice.
25-31             Height limitations on hedges at intersections.
25-32             Street obstruction license
25-33             Liability insurance required
25-34             Surety bond; nature and amount


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City of Oshkosh                                                                                    Municipal Code
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25-35             Approval of policy and bond by City Attorney
25-36             Street/sidewalk obstruction permit required.

         ARTICLE V.      GENERAL PROVISIONS APPLICABLE TO OBSTRUCTIONS
                         AND WORK IN THE RIGHT-OF-WAY

25-37             Exemptions from permit requirements
25-37.1           Emergency situations.
25-37.2           Barricading and signs.
25-37.3           Street and public right of way obstruction protection.
25-37.4           City to erect barricade.
25-33             Application for permit.

         ARTICLE VI. MOVING BUILDINGS ALONG STREETS.

25-38             Permit Required.
25-39             Application for Permit.
25-40             Bond and Conditions for Moving.
25-41             Violation of Permit.

         ARTICLE VII. SIDEWALKS

25-42             Construction and repair regulated.
25-43             Board of Public Works authorized to construct and repair; advertising for bids.
25-44             State law applicable.
25-45             Concrete sidewalk layers/curb cut contractors license.
25-46             Concrete sidewalk contractors - license; application; contents.
25-47             Concrete sidewalk/curb cut contractor – change in business name or address
25-48             Liability insurance required.
25-50             Bond.
25-51             Sidewalk construction - lights and barriers.
25-52             Sidewalk /curb cut construction – permit; application; contents; issuance by
                  Board of Public Works.
25-53             Sidewalk line and grade.
25-54             Sidewalk widths.
25-55             Sidewalk thickness.
25-56             Sidewalk construction - standard specification.
25-57             Hollow sidewalks.
25-58             Sidewalk construction.
25-59             Condemnation of faulty construction or repair; defective sidewalks; notice to rebuild;
                  City may repair; cost.
25-60             Powers of the Board of Public Works to grant variances; architectural sidewalks.
25-61             Procedure for payment for sidewalk construction.
25-62             Reserved
25-63             Reserved
25-64             Reserved
25-65             Reserved
25-66             Reserved
25-67             Reserved




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City of Oshkosh                                                                        Municipal Code
                                                                                Revisions thru 8/31/09


         ARTICLE VIII. SNOW AND ICE REMOVAL

25-68             Snow Removal
25-69             When City Has to Do Work
25-70             Reserved

         ARTICLE IX. NUMBERING OF BUILDINGS.

25-71             Uniform system of numbering established.
25-72             Base line for streets running north - south.
25-73             Base line number to begin at zero; exception.
25-74             Explanation of the numbering sequence.
25-75             Streets not extending to base line.
25-76             Survey and assignment of numbers.
25-77             Distinctive numbers for portions of buildings.
25-78             Plat book to be kept.
25-79             City Engineer to inform applicant of numbers.
25-80             Responsibility of owner to procure numbers.
25-81             Police to report violations.
25-82             Refusal to number building.

         ARTICLE X. PROCEDURE FOR PAYMENT OF SPECIAL ASSESSMENTS

25-83             Methods of paying.
25-84             Payment in full.
25-84.6           Five year installment plan.
25-85             Ten year installment plan.
25-85.6           Fifteen year installment plan.
25-86             Prorated interest.
25-87             (Repealed)
25-88             Notice of election of installment payment to be in writing.
25-89             Payment of hook-on charges.
25-90             Special assessments - deferred payment.

         ARTICLE XI. ACCESS CONTROL

25-91             Definitions
25-92             Curb cut permit required.
25-93             Application.
25-94             Reserved.
25-95             Reserved
25-96             Reserved
25-97             Reserved
25-98             Reserved
25-99             Reserved
25-100            Reserved.
25-101            Standards for issuance of permit.
25-102            Supervision of director of Public Works.
25-103            Order to alter curb cut.
25-104            Notice of alteration order
25-104.1          Driveway Conditions and Criteria
25-104.2          Unusual conditions.




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City of Oshkosh                                                                                   Municipal Code
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         ARTICLE XII. RIVER AND BRIDGES.

25-105            Director of Public Works.
25-106            Duties of Bridge Tenders.
25-107            Loitering on Bridges; fishing.
25-108            Police to preserve order.
25-109            Damaging bridges.
25-110            Boat operators to wait until bridge opens.
25-111            Obstructing bridges.
25-112            Fastening vessels to bridges.
25-113            Conduct of vessels.
25-114            Anchoring vessels near bridges.
25-115            Bell signals.
25-116            Boats, rafts, etc. to be fastened.
25-117            Steamboats and whistles.
25-118            Anchoring in river.
25-119            Fishing docks and piers.

         ARTICLE XIII. PENALTIES

25-120            Penalties.
25-121            License/permit non-renewal, suspension, or revocation.




                                  ARTICLE I. GENERAL REGULATIONS.

SECTION 25-1             AUTHORITY TO MAKE ADDITIONAL RULES.

In addition to the rules and regulations obtained in this Chapter for the construction use, and repair of
streets, alleys, sidewalks and public places, the Director of Public Works shall have the authority to
prepare, promulgate, and enforce such other rules, regulations, and conditions (not inconsistent with this
Chapter) as may be deemed useful for the preservation of streets, alleys, sidewalks, and public places.

A copy of all general rules, regulations and conditions shall be kept on file in the Department of Public
Works and the Office of the City Clerk. In addition, the Director of Public Works shall have the authority to
proscribe and enforce any rule(s) or condition(s) (not inconsistent with this Chapter) as may be deemed
necessary or useful for the preservation of streets, alleys sidewalks and public places as a condition of any
license or permit issued under the provisions of this Chapter.

Violation of any rule, regulation or condition of the Director of Public Works shall be a violation of this
Chapter.


SECTION 25-2             PERMITS TO BE KEPT ON JOB SITE AND DISPLAYED TO
                         CITY OFFICIALS.

It shall be the duty of every person, agent or employee to whom a permit is issued under the provisions of
this Chapter to keep at all times said permit on the premises referred to in said permit and the holder of
said permit, his agent or employee shall show said permit upon demand to any police officer or authorized
representative of the Department of Public Works.




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                                   ARTICLE II. STREETS AND ALLEYS


SECTION 25-3            COUNCIL TO ESTABLISH GRADES.

The Common Council shall establish the grades of all streets and alleys in the City, and such grades shall
be kept on file in the office of the City Engineer and City Clerk. No street or alley shall be worked by the
City or the owner of the abutting property until the grade thereof is established and indicated by grade
stakes.


SECTION 25-4            INTERFERENCE WITH GRADE STAKES.

No person shall, without authority in writing from the City Engineer, interfere with, alter the position or level
of, remove or destroy any line or grade stakes set by the City Engineer, or by his/her authority to designate
the line or the grade of any such street or alley before same shall be built in accordance therewith.


SECTION 25-5            OPENING OF STREETS.

Petition of abutting owners; dedicated streets. The request to open a dedicated street, i.e. preliminary
blading for the preparing of the surface for vehicular traffic, may be initiated by petition of fifty-one (51) per
cent of the ownership of the abutting property. A dedicated street may also be opened by order of the
Council.


SECTION 25-6            STREET SURFACING IMPROVEMENTS TO REQUIRE COMMON
                        COUNCIL ACTION.

No street shall be surfaced or resurfaced with concrete, hot mix or oiling, without specific action by the
Common Council. All such work shall be done at the full or partial expense of the benefited property, with
special assessments or special charges levied according to Sections 66.0703 and 66.0705 of the
Wisconsin Statutes.


SECTION 25-7            PROCEDURE FOR STREET IMPROVEMENTS BY PETITION;
                        SCHEDULE OF CHARGES.

(A)      The owners of the abutting property may petition for surfacing by concrete, hot mix or oiling to be
         paid by the abutting property owners on a front foot basis. No concrete or asphalt pavement,
         except cold-mixed asphalt resurfacing shall be laid on a street without curbing. This provision shall
         not be construed to prevent resurfacing of an established pavement. Property owners may petition
         for curb and gutter, twelve (12) inches of rock and two (2) applications of asphalt and chips, the
         total cost to be borne by the abutting property owners. It shall be understood, however, that the
         petitions shall be subject to assessments for oiling and any high type surface at a later date. It shall
         be further understood that there is no guarantee for the life of rock- asphalt-chip surface.

(B)      The Common Council shall, from time to time, publish a schedule of charges representing the
         owner's portion of the improvement for the various types of street surfacing and the types of
         deferred payment plans available.




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City of Oshkosh                                                                                     Municipal Code
                                                                                             Revisions thru 1/31/09




SECTION 25-8            PROCEDURE FOR STREET IMPROVEMENT BY ORDER OF THE
                        COMMON COUNCIL WITHOUT PETITION.

(A)      The Common Council shall from time to time levy special assessments and arrange for street
         surfacing by concrete, hot mix or oiling, for such streets as the Common Council shall determine, all
         according to Sections 66.0703 and 66.0705 of the Wisconsin Statutes.

(B)      The Common Council, prior to the adoption of the preliminary, resolution declaring intent to exercise
         special assessment powers, or special charges under Section 66.60 of the Wisconsin Statutes for
         any specific street, may adopt a resolution designating said street and suggested type of
         resurfacing material calling for a non-statutory public hearing to be held before the Common
         Council on the question of whether such a preliminary resolution shall be adopted.


SECTION 25-9            UNDERGROUND STREET IMPROVEMENTS.

No street shall be improved by high type surfacing unless water, sanitary sewer, storm sewer, and gas
main and service pipes are first installed pursuant to Section 62.16 of the Wisconsin Statutes. High type
surfacing shall be construed as including only concrete or hot mix surfacing.


SECTION 25-10           PROCEDURE FOR PAYMENT FOR STREET CONSTRUCTION.

See Article X of this Chapter.


SECTION 25-11           FUTURE ASSESSMENTS FOLLOWING COMPLETION OF STREET
                        IMPROVEMENT.

The city estimates that streets improved by sealcoats should not need extensive improvements for 3 years,
streets improved by cold-mixed asphaltic resurfacing should not need extensive improvements for 5 years;
streets improved by hot-mixed asphaltic resurfacing should not need extensive improvements for 12 years;
and streets improved by Portland Cement Concrete pavement or asphaltic concrete pavement with curb
and gutters should not need extensive improvements for 25 years. If any surface repairs are necessary
during the life expectancy of the street improvement, the Special Assessment for the new street
improvement shall be reduced by the proportional amount of the original assessment of the sealcoat,
asphaltic resurfacing, or pavement as it would be depreciated on a straight line basis on the life
expectancy of the original improvement. Whenever the city improves the street by constructing a new
Portland Cement Concrete pavement, a new Asphaltic Concrete Pavement with Portland Cement curb and
gutters, or resurfacing an existing base of pavement which has been deemed adequate by the city with
Asphaltic Concrete with Portland Cement curb and gutters, such activity shall be defined as Pavement and
shall have a life expectancy of 25 years.


                   ARTICLE III. WORK IN STREETS AND PUBLIC RIGHT OF WAYS.


SECTION 25-12           WORK IN RIGHT OF WAY LICENSE REQUIRED.

No person shall excavate or tear up any street, alley, sidewalk, or other public place in the City without
having first obtained an annual license therefor from the City Clerk. The fee for such license shall be Fifteen
Dollars ($15.00). Licenses shall be valid from January 1 to December 31 of the year of issuance. The fee
for such license shall not be pro-ratable.


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SECTION 25-13           LIABILITY INSURANCE REQUIRED FOR ISSUANCE OF LICENSE.

Before a license to work within the right of way is issued, the applicant shall file with the City Clerk
insurance in the form and amount specified in Appendix “A” to this Chapter.


SECTION 25-14           SURETY BOND; NATURE AND AMOUNT.

Before a Work in the Right-of-Way License may be issued, the applicant shall file with the City Clerk a
surety bond in the amount of five thousand dollars ($5000.00) conditioned that the principal obligator shall
faithfully perform all work done in the right of way with proper care and skill, obey all laws of the State of
Wisconsin and all ordinances of the City in regard to obstruction of or work within the right of way areas and
with the employment of labor, properly replace and restore any street, sidewalk, terrace or other public area
to as good a condition as it was in before the obstruction or work performed under the license, to pay to the
City of Oshkosh any amounts due for services or materials furnished in connection therewith within one
week of invoice; that the licensee shall indemnify and save harmless the City from all accidents and
damages caused by any failure to erect and maintain sufficient barriers or lights at the place where licensee
has placed obstruction or performed work, or by failure to guard against injury to persons passing upon the
street or sidewalk, or by failure to promptly remove all tools, implements, refuse and unused materials from
said right-of-way. The licensee shall indemnify and refund to the City of Oshkosh all sums which it may be
obligated to pay, including without limitation, damages, punitive damages, attorney fees and court costs
within thirty (30) days of written demand for payment. The bond shall be a guarantee of the work
performed for a period beginning on the date of issuance of the license through a date two years from the
expiration of license.


SECTION 25-15 APPROVAL OF POLICY AND BOND BY CITY ATTORNEY

The liability policy and surety bond shall be subject to approval by the City Attorney and shall be filed with
the City Clerk.


SECTION 25-16           WORK IN RIGHT OF WAY PERMIT REQUIRED

No person shall excavate or tear up any street, alley, sidewalk, terrace or other public place in the City
without having first obtained a work in the right-of-way permit therefor from the Department of Public Works.
No charge shall be made for the issuance of a permit. A separate permit for right-of-way obstruction under
this Chapter shall not be required.


SECTION 25-17           BACKFILLING MATERIALS; MANNER IN WHICH WORK PERFORMED.

(A)      All excavations in regularly traveled streets shall be backfilled to the street line, which is the
         property line established by the property abutting the street, with granular materials approved by the
         Department of Public Works, except that the terrace between the existing flow line or curb line, and
         the outer sidewalk line the top ten (10) inches may be filled with earth. The granular materials
         approved by the department of Public Works shall be well graded and all passing a one (1) inch
         screen. The stone shall be compacted in twelve (12) inches layers by use of hand or pneumatic
         tampers. That the top eight (8) inches of the trench in the traveled way, or if the curbing exists from
         back of curb to back of curb, shall be filled with crusher run stone, well graded and all passing a one
         (l) inch screen, compacted in place.

(B)      All tunneling shall be backfilled with sand and well packed by ramming in place, except low grade


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         concrete to be used where it is deemed necessary by the Department of Public Works.

         (C)      The intent of this Section is to have all excavations backfilled to produce a stable surface. If
                  trenches or tunnels should settle within a period of two (2) years, the firm or individual
                  obtaining the excavation permit shall immediately re-excavate the trench and backfill same
                  at his or their own expense when so ordered by the Department of Public Works.


SECTION 25-18            REMOVING EARTH FROM STREETS PROHIBITED WITHOUT
                         PERMISSION; DAMAGES.

(A)      Any person who shall remove or cause to be removed any earth from any of the streets, highways
         or alleys in the City without first having obtained written permission from the Board of Public Works,
         shall be liable in the amount of Three Dollars ($3.00) per cubic yard for all earth so removed, to be
         collected as civil damages.

(B)      Earth or material unsuitable for or in excess of the amount necessary for backfilling shall become
         the property of the City if the abutting property owner does not want same. It shall be hauled by the
         contractor doing the excavating at no cost to the City, to such points within the City limits as
         directed by the Board of Public Works.


SECTION 25-19            REMOVING PAVEMENT.

When excavations are made in concrete streets or concrete curb and gutter, the pavement must be sawed
one-third (1/3) of the thickness and the portion of concrete to be removed and replaced must be at least
eight (8') feet wide or three (3) times width of the trench, whichever is greater. If a panel of concrete, which
remains to the nearest transverse joint, is less than eight (8) feet wide, the concrete must also be removed
and replaced to the next longitudinal joint.

When excavations are made in hot mixed asphalt or asphalt over concrete streets, the asphalt pavement
must be sawed the entire thickness and the portion of pavement removed must be at least (3) times the
width of the trench. If the edges of the asphalt break down before the final patch is made, the asphalt shall
be re-sawed, to form a vertical joint between the old and new asphalt.


SECTIONS 25-20           WIDTH OF TRENCHES.

In regularly traveled streets, the trenches when excavated by machine shall have a bucket of a maximum
width of twenty-four (24) inches and trench width shall be held to the minimum width required to perform the
work for which the trench is intended.


SECTION 25-21            MANNER IN WHICH CONCRETE SIDEWALKS AND TERRACE TO BE CUT.

(A)      Where concrete sidewalks are encountered in the course of the excavation, a section of such
         sidewalk from joint to joint shall be removed so that the ditch may be properly backfilled, or the
         sidewalk may be tunneled, under the direction of the Board of Public works. All sidewalks or
         crosswalks disturbed or removed in the course of the work shall be rebuilt or made in all respects
         as good, substantial and permanent as they were before the work was started. (REF: Section VII
         Sidewalks).

(B)      All terraces disturbed in the course of excavation shall be rebuilt or made in all respects as good,
         substantial and permanent as they were before the excavation was started.


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SECTION 25-21.1        REPLACING STREET SURFACE.

After backfill materials have been compacted as specified, the surface of the excavation shall be replaced
with the same material and depth as excavated.


SECTION 25-21.2        CONCRETE PAVEMENT.

Concrete shall be air-entrained and the mix approved by the Board of Public Works. Concrete shall be
cured by keeping moist with water for four (4) days or by applying a concrete curing compound. When the
temperature is expected to go below forty (40) degrees F., the concrete shall be protected by marsh hay or
other suitable protection. No traffic shall be allowed on the concrete for seven (7) days or until the concrete
strength attains a minimum of two thousand five hundred (2,500) psi.


SECTION 25-21.3        ASPHALT PAVEMENT AND ASPHALT OVER CONCRETE.

Asphalt pavement and asphalt over concrete shall be repaired by first placing an eight (8) inch thickness of
concrete, as specified above, to within one-half (1/2) inches of the existing surface. After the concrete has
attained proper strength, the one and one-half (1/2) inches layer of asphalt shall be installed. Hot mix
asphalt shall be approved by Board of Public Works and installed by accepted practices for construction of
hot mix asphalt pavement. Before hot mix asphalt is installed, the edges of the saw cut trench shall be tack
coated with asphalt to provide a bond between the existing and new asphalt.


SECTION 25-21.4        OILED GRAVEL STREETS.

Oiled gravel streets shall be surfaced with two (2) inches of cold mix. Cold mix shall be rolled or compacted
with vibrating plate tamper.


SECTION 25-21.5        EXCAVATION OF A SERIES OF TRENCHES IN HIGH TYPE PAVEMENT.

Where a series of excavations are made on line and are a minimum of fifteen (15) feet on center, the entire
surface of the pavement between excavations shall be replaced as specified above.


SECTION 25-22          STREET TO REMAIN OPEN TO TRAFFIC DURING COURSE OF EXCAVATION
                       WORK.

A passageway of not less than 10 feet in the traveled portion of the street must remain open for travel at all
times when openings are made into the following : State and County roads, one-way streets, detour routes,
Murdock (Algoma to Hazel, Bowen Street, W. 9th Avenue, Ohio Street, Elmwood Avenue, (Algoma to New
York), West South Park, Knapp Street (9th to 20th), Sawyer (Oshkosh to 9th), Witzel, New York (High to
Hazel), Washington (Main to Hazel), Algoma, Taft, (Eagle to Koehler), Eagle (5th to Adams), West 5th
(Sawyer to Westfield), Hazel (Murdock to Washington), Irving (Elmwood to Hazel), Campbell Road,
Harrison, Pearl (Main to Rockwell), Smith (Vinland to Jackson) and Wisconsin. The passageway may be
maintained by tunneling, or, if tunneling is not practicable or possible, the contractor must proceed half way
across the street and must complete and backfill same before he continues the ditch across the street.

SECTION 25-23          Reserved
SECTION 25-24          Reserved



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SECTION 25-25           REPAIRING OF CITY STREETS WHEN EXCAVATIONS HAVE BEEN
                        MADE THEREIN.

The City of Oshkosh will repair excavations made in City streets at the following described rates:


                  Oil Gravel                    $1.00/square foot
                  Concrete                      2.25/square foot
                  Asphalt over Concrete         2.50/square foot
                  Asphalt                       2.25/square foot
                  Saw cutting                   1.25/lineal foot plus time and materials for
                                                for removal of necessary excavation


                                ARTICLE IV. OBSTRUCTION IN STREETS

SECTION 25-26           OBSTRUCTIONS IN STREET PROHIBITED

No person shall place or deposit, except as thereinafter permitted in any sidewalk or in any street within the
City any cask, box, crate, wood, stone, lumber, posts, firewood, timber, dirt, ashes, or other object, article,
substance, or material, nor erect within the limits of such street or sidewalk any scaffold, platform or other
structure or obstruction whatever without a written license and permit therefor from the Office of the City
Clerk, obtained as hereinafter provided, nor obstruct or stop the flow of water in any manner in any ditch,
sewer, gutter or culvert in, along or across any street, lane, alley or public grounds or sidewalks in the City.
Obstructions include any object(s) placed in the right-of-way which obstruct the free movement of vehicular,
pedestrian or bicycle traffic including the placement of vehicles, equipment, building or other materials on
streets, sidewalks or alleys.


SECTION 25-27           PUBLIC NUISANCE.

(A)      Seizure
         All objects, articles, substances and materials, scaffolds, platforms or other structures erected
         without a permit within the limits of such streets or sidewalks, and all unlawful obstructions so
         placed and while remaining in such streets or on the sidewalks shall be deemed a public nuisance,
         and subject to summary removal and abatement by or on the order of the City Manager, Chief of
         Police, any police officer, or Director of Public Works. All such materials, objects and articles shall
         be subject to be seized and shall be held liable for the payment of any fine and costs imposed
         pursuant to this article upon any person convicted of creating such nuisance.

(B)      Exception.
         This Article shall not be construed as prohibiting the placing of garbage and refuse on streets in
         accordance with the provisions of Chapter 23.


SECTION 25-28           SPILLING MATERIAL ON STREETS PROHIBITED.

Any person, in hauling or causing to be hauled over or along any streets of the City upon any kind of
vehicle, any crushed stone, gravel, wood, blocks, dirt, manure or any other material whatever shall not, by
reason of loose boxes or overloading or any other cause, scatter or permit to be scattered on any of said
streets any such crushed stone, gravel, wood, blocks, dirt, manure or any other material whatever. No
person engaged in the delivering of rock, brick, ice or any other material or goods in the City shall let any
such material fall upon any improved street or sidewalk.


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SECTION 25-29           PLANTING IN STREETS.

No person shall plant any tree or shrub in any street within the corporate limits of the City except as
provided in Chapter 26.


SECTION 25-30           TRAFFIC INTERFERENCE CAUSED BY BRANCHES OR NATURAL GROWTH.

(A)      Property owner to prevent obstructions caused by natural growth. No owner or occupant of any lot
         or premises within the City shall permit or allow the limbs, boughs, branches or leaves of any tree or
         shrub upon his premises or in the sidewalk, street or alley in front of his premises or the premises
         occupied by him to grow so as to obstruct or interfere with the free passage of vehicular or
         pedestrian traffic upon said streets or sidewalks.

(B)      Duty to remove obstructions after notification by City. No person shall neglect to remove any tree,
         shrub or the branches or limbs thereof which obstruct the free passage of vehicles and passengers
         after being requested and notified to remove the same by the Director of Public Works, any police
         officer or the City Forester.


SECTION 25-30.1         TRAFFIC INTERFERENCE CAUSED BY BUILDUP OF ICE.

(A)      Property owner to prevent obstruction by ice.
         No owner or occupant of any lot or premises within the City shall permit or allow water, from a sump
         pump or any other source upon his premises or premises occupied by him, to form ice so as to
         obstruct or interfere with the free passage of vehicular or pedestrian traffic upon the streets or
         sidewalks adjacent to said premises.

(B)      Duty to remove ice after notification by City.
         No person shall neglect to remove any ice which obstructs the free passage of vehicular and/or
         pedestrian traffic after being requested and notified to remove same by any police officer, Board of
         Public Works of the City, or the Director of Public Works of the City.


SECTION 25-31           HEIGHT LIMITATIONS ON HEDGES AT INTERSECTIONS.

It shall be unlawful to plant or maintain, or cause to be planted or maintained, any hedges exceeding three
(3) feet in height along lot lines within thirty (30) feet of the intersection of the inside lines bounding any
corners of lots located at street intersections, and such planting and maintenance shall be a public
nuisance.


SECTION 25-32           STREET OBSTRUCTION LICENSE

No person shall obstruct or cause to be obstructed in any manner any traveled portion of a public
street, alley, sidewalk or other public way, without first obtaining a Street Obstruction License and
Street / Sidewalk Obstruction Permit. The license shall be made upon application to the office of the
City Clerk. The fee for such license shall be Fifteen Dollars ($15.00). Licenses shall be valid from
January 1 to December 31st of the year of issuance. The fee for such license shall not be pro-ratable.




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SECTION 25-33          LIABILITY INSURANCE REQUIRED

Before a Street Obstruction License may be issued, the applicant shall file with the City Clerk insurance
in the form and amount specified in Appendix “A” to this Chapter.


SECTION 25-34          SURETY BOND; NATURE AND AMOUNT

Before a Street Obstruction License may be issued, the applicant shall file with the City Clerk a surety bond
in the amount of five thousand dollars ($5000.00) conditioned that the principal obligator shall faithfully
perform all work done in the right of way with proper care and skill, obey all laws of the State of Wisconsin
and all ordinances of the City in regard to obstruction of or work within the right of way areas and with the
employment of labor, properly replace and restore any street, sidewalk, terrace or other public area to as
good a condition as it was in before the obstruction or work performed under the license, to pay to the City
of Oshkosh any amounts due for services or materials furnished in connection therewith within one week of
invoice; that the licensee shall indemnify and save harmless the City from all accidents and damages
caused by any failure to erect and maintain sufficient barriers or lights at the place where licensee has
placed obstruction or performed work, or by failure to guard against injury to persons passing upon the
street or sidewalk, or by failure to promptly remove all tools, implements, refuse and unused materials from
said right-of-way. The licensee shall indemnify and refund to the City of Oshkosh all sums which it may be
obligated to pay, including without limitation, damages, punitive damages, attorney fees and court costs
within thirty (30) days of written demand for payment. The bond shall be a guarantee of the work
performed for a period beginning on the date of issuance of the license through a date two years from the
expiration of license.


SECTION 25-35          APPROVAL OF POLICY AND BOND BY CITY ATTORNEY

The liability policy and surety bond shall be subject to approval by the City Attorney and shall be filed with
the City Clerk.


SECTION 25-36          STREET / SIDEWALK OBSTRUCTION PERMIT REQUIRED

No person shall obstruct any street, alley, sidewalk or other public place in the City without first having
obtained a street / sidewalk obstruction permit therefor from the office of the city clerk. The fee for such
permit shall be as established in section 25-16.


                        ARTICLE V. GENERAL PROVISIONS APPLICABLE TO
                        OBSTRUCTIONS AND WORK IN THE RIGHT-OF-WAY


SECTION 25-37          EXEMPTIONS FROM PERMIT REQUIREMENTS

The following entities are exempt from license and permit requirements under this Chapter:

         A) The City of Oshkosh
         B) Winnebago County when performing work on designated County Trunk highways located
            within the city limits
         C) The State of Wisconsin when performing work on designated State Highways located within
            the city limits



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SECTION 25-37.1          EMERGENCY SITUATIONS

Whenever it is impossible or impractical to obtain the licenses and/or permits required by this Chapter
due to emergency conditions, the person performing such work shall immediately notify the Oshkosh
Police Department and Department of Public Works (during normal working hours) of such emergency
condition. After any right-of-way is obstructed, excavated or torn up in an emergency situation, a permit
and license, if required, shall be obtained as soon as practicable. An explanation of the emergency
situation shall accompany such request.


SECTION 25-37.2          BARRICADING AND SIGNS.

No person shall obstruct, excavate, or tear up, nor cause the same of any traveled portion of streets, alleys,
sidewalks or other public way, except for emergency situations without first having obtained a permit from
the Director of Public Works or Designee. Any portion of a public street, alley, sidewalk or other public way
which is obstructed shall be signed and barricaded in accordance with the latest “Manual of Traffic Controls
for Work in the Right of Way for the City of Oshkosh” as published by the Department of Public Works, as
well as the latest editions of the “Wisconsin Manual of Uniform Traffic Control” (WMUTCD) and U. S.
Department of Transportation Manual on Uniform Traffic Control Devices (MUTCD). A traffic plan showing
how the project site will be protected and signed for the safe movement of pedestrian and vehicular traffic
around the project area shall be submitted together with any permit application under this Chapter.


SECTION 25- 37.3         STREET AND PUBLIC RIGHT OF WAY OBSTRUCTION PROTECTION.

(A)      All excavation sites shall be carefully guarded, fenced and protected by sufficient barriers to the
         satisfaction of the Board of Public Works, including all openings, materials, tools, machinery, and
         any and all obstructions of every kind placed or left in any street and public right-of-way.

(B)      It shall be the duty of the permittee to erect and maintain all protection devices along the lines of the
         site and to maintain warning lights from twilight in the evening until sunrise wherever needed during
         the progress of the excavation, and a traffic control person or flagger shall be kept on the site
         whenever deemed necessary by the Director of Public Works or Chief of Police or their designees
         to direct traffic or safeguard the site. It shall be the duty of the person signing the excavation permit
         to obtain from Police Department parking meter hoods to isolate parking meters in the area
         occupied by excavation equipment or spoils.


SECTION 25-37.4          CITY TO ERECT BARRICADE.

(A)      For excavation sites that are not properly barricaded or guarded, the Police Department and the
         Department of Public Works may establish and maintain suitable barricades. The permittee shall
         pay to the City a minimum fee of twenty-five Dollars ($25.00) for the erection of proper barricades or
         guards.

(B)      No person shall interfere with, or molest, or remove any legally installed excavation site barrier
         or guards until the public right-of-way has been cleared of all obstructions whatsoever.




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                         ARTICLE VI. MOVING BUILDINGS ALONG STREETS.

SECTION 25-38           PERMIT REQUIRED.

No building shall be moved through any street without obtaining a written permit.


SECTION 25-39           APPLICATION FOR PERMIT.

Before any such permit shall be issued the person who desires to move such building, together with the
owner thereof or authorized agent, shall make application in writing to the Building Inspection Services
Division therefor, stating the kind and size of the building, the place from which and to which it is to be
moved, the route to be followed and the time of removal. Such application shall also contain an agreement
on the part of the applicants to pay any damage caused by such removal to any public or private property
or to any sidewalk, terrace, curb, gutter, street or pavement, or the cost and expense of restoring the same
to as good condition as they were formerly in where that can be done. The fee for such permit shall be
$50.00 for any structure under 500 square feet and $100.00 for any structure 500 square feet or larger, and
shall be paid prior to issuance of the permit.


SECTION 25-40           BOND AND CONDITIONS FOR MOVING.

No permit shall be issued until a sufficient bond to secure payment in such sum as shall be reasonable
guarantee of any damages caused during the movement of the building along the city streets. The
Inspection Services Division in consultation with the Department of Public Works, the Police Department,
and Forestry Division is hereby authorized to determine the time, manner, and conditions of such removal
and the route thereof and shall state the same in such permit.


SECTION 25-41           VIOLATION OF PERMIT.

Any person who shall move any building through any street in the City otherwise than as required by such
permit, or shall violate any of the requirements of conditions of such permit shall be deemed in violation of
this Chapter.


                                       ARTICLE VII. SIDEWALKS.

SECTION 25-42           CONSTRUCTION AND REPAIR REGULATED.

No person, whether owner, builder or contractor, shall build any new sidewalk or repair or renew, or cause
to be built, repaired or renewed any existing sidewalk contrary to the provisions of this Chapter.


SECTION 25-43           BOARD OF PUBLIC WORKS AUTHORIZED TO CONSTRUCT AND
                        REPAIR ADVERTISING FOR BIDS.

(A)      The Board of Public Works is empowered and directed to proceed with the construction and repair
         of concrete sidewalks without advertising for bids upon such work.

(B)      The Board shall advertise for bids upon all material and supplies, the estimated cost of which shall
         exceed One Thousand Dollars ($1,000.00). Said work shall not be done on any street until


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         specifically ordered as required by law.

SECTION 25-44           STATE LAW APPLICABLE.

In addition to the provisions of this Chapter, the provisions of Section 66.0907 of the Wisconsin Statutes,
so far as applicable to this City, shall govern the construction, improvement and repair of sidewalks.


SECTION 25-45           CONCRETE SIDEWALK LAYERS / CURB CUT CONTRACTORS LICENSE.

No person, firm or corporation shall engage in or carry on the business of constructing concrete sidewalks
or constructing or altering curb cuts in the city without procuring a license therefor from the Office of the
City Clerk as herein provided.


SECTION 25-46           CONCRETE SIDEWALK CURB CUT CONTRACTORS - LICENSE;
                        APPLICATION; CONTENTS.

The application for a sidewalk layers/ curb cut contractor's license shall state the name and place of
business of the applicant and shall contain a statement by the applicant agreeing to abide by the rules and
regulations and specifications adopted by the Board of Public Works and Director of Public Works and to
obey all ordinances and resolutions of the City in relation to said work.


SECTION 25-47           CONCRETE SIDEWALK / CURB CUT CONTRACTOR - CHANGE IN BUSINESS
                        NAME OR ADDRESS.

A licensee shall immediately notify the office of the City Clerk of every change of place of business or of the
name under which the business of such licensee is carried on.


SECTION 25-48           LICENSE FEE; PAYMENT TO TREASURER.

Before receiving such license, the applicant shall pay to the City Treasurer a fee of Fifteen Dollars ($15.00).
Licenses shall be issued on January 1 and will be effective for a period of a year terminating December 31.
The fee for such license shall not be pro-ratable.


SECTION 25-49           LIABILITY INSURANCE REQUIRED.

Before a Sidewalk / Curb Cut Contractor’s license may be issued, the applicant shall file with the City Clerk
insurance in the form and amount specified in Appendix “A” to this Chapter.


SECTION 25-50           BOND.

Before a Sidewalk Layerts/Curb Cut Contractors License may be issued, the applicant shall file with the
City Clerk a surety bond in the amount of five thousand dollars ($5000.00) conditioned that the principal
obligator shall faithfully perform all work done in the right of way with proper care and skill, obey all laws of
the State of Wisconsin and all ordinances of the City in regard to obstruction of or work within the right of
way areas and with the employment of labor, properly replace and restore any street, sidewalk, terrace or
other public area to as good a condition as it was in before the obstruction or work performed under the
license, to pay to the City of Oshkosh any amounts due for services or materials furnished in connection



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therewith within one week of invoice; that the licensee shall indemnify and save harmless the City from all
accidents and damages caused by any failure to erect and maintain sufficient barriers or lights at the place
where licensee has placed obstruction or performed work, or by failure to guard against injury to persons
passing upon the street or sidewalk, or by failure to promptly remove all tools, implements, refuse and
unused materials from said right-of-way. The licensee shall indemnify and refund to the City of Oshkosh all
sums which it may be obligated to pay, including without limitation, damages, punitive damages, attorney
fees and court costs within thirty (30) days of written demand for payment. The bond shall be a guarantee
of the work performed for a period beginning on the date of issuance of the license through a date two
years from the expiration of license.


SECTION 25-51           SIDEWALK CONSTRUCTION - LIGHTS AND BARRIERS.

Any person who shall construct or cause to be constructed any concrete sidewalks, including all contractors
performing or supervising such construction, shall cause sufficient barriers to be erected and maintained
during the period of construction and sufficient lighting to be placed at each end of the sidewalk and kept
operating during darkness for the period of construction in accordance with Article V. above.


SECTION 25-52           SIDEWALK / CURB CUT CONSTRUCTION - PERMIT; APPLICATION;
                        CONTENTS; ISSUANCE BY BOARD OF PUBLIC WORKS.

No sidewalk or curb cut shall be excavated, altered or constructed by any person, firm or corporation
without a work in the right-of-way permit issued by the Department of Public Works to construct the same,
said permit shall be signed by the party responsible for the construction, and shall state the length of said
proposed walk, any openings to be left therein or thereunder and the means proposed to cover or protect
the same, and designating the premises in front of which the walk is to be constructed and the nature of the
principal buildings thereof. The fee for such permit shall be as specified in section 25-16.


SECTION 25-53           SIDEWALK LINE AND GRADE.

(A)      Sidewalk location.
         (1)   General requirements.
               All sidewalks in the City shall be constructed so that the inside sidewalk line abuts the outer
               edge of the City owned right-of-way, with the provision that the sidewalk line may be set so
               as to circumvent any trees which in the opinion of the City Forester should be left standing,
               except as herein- after provided.

         (2)      Exceptions.
                  (a)    The sidewalk on the North side of West 11th Avenue between Mason Street and
                         Weisbrod Street shall be located one foot six inches (1'6") inside the City
                         right-of-way, line.

                  (b)   The sidewalk on the West side of north Main Street between Allen Avenue and
                        Linwood Avenue shall be located one foot (1') inside the City right-of-way, line.

                  (c)   The sidewalk on the East side of Oak Street between Cleveland Avenue and East
                        Parkway Avenue shall be located two and eight tenths feet (2.8') inside the City
                        right-of-way, line.

                  (d)   The sidewalk at the Northwest corner of the inter- section of White Swan Drive and
                        Fairview Street shall be located so the back of the sidewalk follows the line of an arc
                        having a radius of forty-four feet (44') and commencing at the south lot line of Lot


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                         153, third Addition to North Point Plat and ending at the East Lot line of Lot 154,
                         Third Addition to North Point Plat.

                  (e)    The sidewalk commencing at a point on the West line of Grand Street located
                         eighty-eight and seven tenths (88.7) feet north of East Irving Avenue, thence
                         Northerly along a 10-foot radius curve concave to the East having a chord length of
                         17.3 feet as measured along the West line of Grand Street.

                  (f)    The sidewalk on the west side of Idaho Street, between 8th Avenue and 9th
                         Avenue, shall be located one foot east of the west right-of-way line.

                  (g)    The sidewalk located on the north side of West 20th Avenue commencing at
                         Minnesota Street to 155 feet east of Minnesota Street.

                  (h)    The sidewalk on the west side of Harrison Street, commencing 171.09 feet south of
                         the southwest corner of Linwood Avenue and Harrison Street to 205.99 south
                         thereof shall be located one foot six inches inside the City right-of-way line.

                         The sidewalk on the west side of Harrison Street, commencing 200 feet north of the
                         northwest corner of Smith Avenue and Harrison Street to 250 feet north thereof
                         shall be located two feet inside the City right-of-way line.

                  (i)    Villa Park, Deerfield and Maricopa Drives.

(B)      Sidewalk grade.
         The City Engineer shall, upon granting of the permit determine the lines and grades of said walk
         and cause proper stakes set to designate the same on an offset line, and until such stakes are set
         the construction of said walk, except the excavation therefor, shall not be commenced.

(C)      Sidewalk grade stakes.
         No person shall, without authority in writing from the City Engineer, interfere with, alter the position
         or level of, remove or destroy any line or grade stakes set by the City Engineer or by his authority,
         before said walk is built in accordance therewith.

(D)      Sidewalk slope.
         Unless otherwise specified by the City Engineer, the slope of all sidewalks shall be one-fourth of an
         inch per foot downward from the inner line to the outer line of the sidewalk, and the height of such
         walk at the inner line shall be determined by the City Engineer in accordance with the grade of the
         street or sidewalk established by the City Council. If no grade has been established, then the
         height shall be determined by the City Engineer in such manner as shall, in his judgment, make the
         same conform with the proper height of the street and adjoining sidewalks for street improvement
         purposes.


SECTION 25-54            SIDEWALK WIDTHS.

(A)      Widths - Standard.
         The widths of sidewalks on all streets and parts of streets, other than those for which different
         widths are prescribed, shall be five (5) feet.

(B)      Widths - Certain streets.
         (1)    All ordinances prescribing sidewalk widths on certain designated streets different than the
                standard width prescribed in Subsection (a) are incorporated into this chapter by reference
                thereto and shall be kept on file in the City Engineer's office. All such ordinances in force at


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                  the time of the adoption of this Code shall not be repealed by reason of adoption.

         (2)      The following sidewalks shall have widths as indicated:

                  (a)    Beech Street from West Bent Avenue to Congress Avenue, both sides 4 feet.

                  (b)    Georgia Street from West 9th Avenue to West 11th Avenue, West side - 4 feet.

                  (c)    West South Park Avenue, North side, from Georgia Street to Berger Street,
                         excepting those walks now presently existing - 4 feet.

                  (d)    South Sawyer Street from West 9th Avenue to West 11th Avenue, West side - 4
                         feet.

                  (e)    Kansas Street from West 9th Avenue to West 10th Avenue, East side - 4 feet.

                  (f)    West side of North Main Street between Allen Avenue and Linwood Avenue - 4 feet.

(C)      Widths - in front of public buildings.
         Sidewalks in front of the main entrance of all business establishments, churches, hospitals, schools,
         public halls, places of amusement, apartment houses, and other buildings and places of public
         character, shall occupy the entire space between the lot line and the curb wherever, in the judgment
         of the Board of Public Works, public convenience shall require it.

(D)      Widths - Passage to curb.
         The owner of the premises may, when constructing a sidewalk in front of the premises extend a
         portion of the sidewalk to the curb at a place convenient for persons alighting from vehicles.
         Nothing contained in this Sub-section shall prevent the extension of a private driveway to the curb.

(E)      Widths - Streets under 50 feet.
         Streets with a maximum width of fifty (50) feet shall have sidewalks with a width of four (4) feet.

(F)      Widths - replacement of sidewalks with widths that vary from the standard five (5) feet. All
         replacement sidewalks shall be the same width as the sidewalk being replaced. The Board of
         Public Works may, upon request, authorize a variance in the width if it is in the best interests of the
         City.


SECTION 25-55            SIDEWALK THICKNESS.

The thickness of all concrete sidewalks shall be four (4) inches except across existing or proposed
driveways where the sidewalk shall be six (6) inches thick.

SECTION 25-56            SIDEWALK CONSTRUCTION - STANDARD SPECIFICATION.

(A)      Concrete construction required. All sidewalks built or rebuilt within the City street right of way shall
         be constructed of concrete as hereinafter prescribed.

(B)      Material specifications.
         (1)    All cement used in the construction of sidewalks shall be the best quality of American
                Portland cement and the Board of Public Works shall have the right to require a test of any
                cement proposed to be used in the construction of any sidewalks and to reject such cement
                and prohibit the same from being used if it does not conform to requirements.



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         (2)      Portland cement shall be designation Type I or Type III, or for air entraining Portland cement
                  Type I-A or Type III-A. Air entraining admixtures shall be added to Portland cement Type I
                  or Type III. Air content of concrete shall be a minimum of 4% and maximum of 7%.

         (3)      Fine aggregate shall consist of sand having clean, hard, durable, uncoated grains, free from
                  deleterious substances.

         (4)      Coarse aggregate shall consist of crushed stone, gravel or other approved inert materials
                  with similar characteristics or combinations thereof, having clean, hard, durable, uncoated
                  particles free from deleterious matter.

         (5)      The water used in mixing concrete shall be clean, free from acid, alkali, vegetable, or other
                  organic matter.

         (6)      The sub-base or fill material shall be a durable materials such as crushed stone, or
                  bank-run sand or gravel.

         (7)      Expansion joint filler shall be half inch (l/2") preformed cork or bit bituminous fiber.

         (8)      The Board of Public Works is hereby authorized to amend these specifications at any time,
                  provided that such amendment shall not conflict with any of the provisions of this chapter.

(C)      Construction specifications.

         (1)      Concrete shall be machine-mixed in the appropriate proportions of one (1) volume of
                  Portland cement, two and one- quarter (2 1/4) volume of sand and three (3) volumes of
                  coarse aggregate. There shall not be less than six (6) bags of cement per cubic yard of
                  concrete. No more than six (6) gallons of water including that contained in the aggregate
                  shall be used per sack of Portland cement.

         (2)      Excavation and subgrade preparation.

                  (a)     The subgrade shall be formed by trenching or filling to required elevation of the
                          bottom of the concrete. preparation of the subgrade shall include removal of all sod,
                          loam earth, brush, shrubs, tree roots and stumps. The sub-base or fill material shall
                          be thoroughly tamped to insure stability. Granular fill material shall be paved in
                          layers not exceeding six (6) inches compacted thickness. In fills the sub-base shall
                          be constructed to a width of at least eighteen (18) inches beyond both edges of the
                          sidewalk.

                  (b)     The licensee shall be responsible for all damage done to water shut-offs in the
                          process of excavation or sidewalk construction and will be charged by the City for
                          any repairs to water shut-offs. If the water shut- off falls into the sidewalk line, there
                          shall be installed a Hudson box to protect the shut-off. Said Hudson box can be
                          purchased from the City, however, the installation of the same will be the
                          responsibility of the licensee.

                  (c)     The licensee shall also be responsible for all iron property stakes. If an iron property
                          stake is damaged or removed, the licensee shall hire a registered land surveyor to
                          have same replaced. If this is not done, the City will hire the registered land
                          surveyor and charge either the licensee or the abutting property on which the
                          sidewalk was installed.

         (3)      Base.


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                  There shall be installed a minimum of three (3) inches of granular base material under the
                  sidewalk. Said base shall be leveled and thoroughly tamped to a uniform grade which is the
                  same as that of the underside of the concrete.

         (4)      Forms.
                  Forms shall be of wood or metal and shall be straight and of sufficient strength to resist
                  springing, tipping, or other displacement during the process of depositing and consolidating
                  the concrete. If of wood, forms shall be surfaced plank of at least two (2) inches nominal
                  thickness stock; if of metal, they shall be of approved section and shall have a flat surface
                  on top. The forms shall be of a depth equal to the full depth of the sidewalk, at least six (6)
                  inches in depth for that portion of the sidewalk abutting a driveway, or proposed driveway,
                  and at least four (4) inches in depth for all other portions of the sidewalk. They shall be
                  securely staked, braced, and held firmly to the required line and grade, and shall be
                  sufficiently tight to prevent leakage of mortar. All forms shall be cleaned thoroughly and
                  oiled before the concrete is placed against them.

         (5)      Placing and finishing concrete.

                  (a)       The subgrade and forms shall be checked and approved by the City Engineer or his
                            designee before the concrete is placed. The concrete shall be placed on a moist
                            subgrade, deposited to the proper depth, and consolidated and spaded sufficiently
                            to bring the mortar to the surface, after which it shall be struck off and floated with a
                            wooden float. Before the mortar has set, the surface shall be steel troweled and
                            given a brushed finish with a clean bristle brush. The finished surface must be
                            uniformly smooth in appearance. Edging tools shall be used on all the joints and
                            along the edges of the walk. Sprinkling of cement on the surface of the concrete to
                            absorb water or to hasten hardening is prohibited. The sprinkling or adding of water
                            to the surface of the concrete to aid in troweling or finishing the side walk shall be
                            prohibited.

                  (b)       No concrete shall be placed on a frozen base of subgrade.

                  (c)       The concrete shall have a maximum slump of four (4") inches when placed.

         (6)      Joints.

                  (a)       Contraction joints shall be placed at intervals of five (5') feet at right angles to the
                            centerline of the sidewalk. Contraction joints shall be tooled or sawed to a depth of
                            one-quarter (1/4) the total depth of the sidewalk or to a depth of one (1) inch for a
                            four (4") thick walk and sidewalk. A one-half (1/2) inch expansion joint shall be
                            placed at intervals of sixty (60) feet and whenever the new sidewalk abuts old walk,
                            curb, a building or rigid structure. The joint filler shall be placed so as to completely
                            separate the sidewalk, and the top of the filler shall be slightly below the finished
                            surface of the sidewalk. The concrete at the faces of all joints shall be thoroughly
                            spaded and compacted to fill the voids. The edges of the sidewalk along forms,
                            joints, and metal slab division forms shall be rounded with an edger of one-quarter
                            (1/4) inch radius.

                  (b)       Joints shall not be sealed.

         (7)      Adjusting sidewalk to private entrance walks driveways.
                  Where existing concrete and asphalt entrance walks or asphalt driveways extend into the
                  new sidewalk line, the licensee shall saw cut the concrete or asphalt on a line designated by
                  the City Engineer or his designee and this material shall be removed to allow for


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                  construction of the new walk. After the sidewalk is constructed, the licensee shall do all
                  patching necessary to form a satisfactory transition ramp from the entrance walk or
                  driveway to the new sidewalk.

         (8)      Curing and protection.

                  (a)    The newly placed concrete shall be cured by the Impervious Coating Method. As
                         soon after finishing operations as the free water has disappeared, the concrete
                         surface shall be sealed by spraying on it a uniform coating of curing material
                         approved by the Engineer. The curing material shall be applied in such a manner as
                         to provide a continuous water impermeable film on the entire concrete surface.

                  (b)    The licensee shall erect and maintain suitable barricades to exclude pedestrian
                         traffic from the newly poured sidewalks. Pedestrian traffic may be allowed to use
                         the sidewalk any time after expiration of the curing period.

                  (c)    The licensee shall follow construction procedures during cold weather as outlined or
                         his designee. If the air temperature is forecast to drop below 40 degrees F., the
                         licensee must cover all concrete poured during the previous 72 hours and shall
                         protect the same with heavy paper and ten (10) inches to twelve inches of straw for
                         a period of 72 hours after pouring.

         (9)      Restoring site of work.
                  At all times the licensee shall keep the working area free from an accumulation of waste
                  material and rubbish. Periodic clean-up from work areas where construction has been com-
                  pleted, will be done by the licensee upon the direction of the City Engineer or his designee.
                  Upon completion of the entire project, all work areas shall be restored to a neat and
                  presentable condition.


SECTION 25-57            HOLLOW SIDEWALKS.

(A)      Plan approval by Board of Public Works. Whenever it is desired to utilize the space under the
         sidewalk in such a manner that the concrete sidewalk or any portion thereof shall extend over such
         space and constitute a hollow sidewalk, the sidewalk shall be structurally designed to carry a live
         load of not less than three hundred (300) pounds per square foot. The licensee must submit a
         detailed plan to the Board of Public Works for its approval prior to the commencement of
         construction, and the sidewalk shall be constructed in accordance with the approved plan and to the
         satisfaction of the Board of Public Works.

(B)      Ventilation and access.

         (1)      Construction requirements.
                  No open or partially uncovered areas of any kind in any new or rebuilt concrete sidewalk,
                  shall be made except when necessary for the purposes of ventilation of basements or
                  spaces under buildings, in which case the open areas shall not extend more than five (5)
                  inches outward from the inner line of the sidewalk and shall be securely covered by an open
                  barred iron grating of a kind and in a manner approved by the Board of Public Works.

         (2)      Supporting walls.
                  All areas for ventilating purposes shall be properly protected by sufficient surrounding walls
                  of brick, or concrete which shall extend upward to the sidewalk to prevent the breaking or
                  crumbling away of the foundation of the sidewalk where it meets the ventilation area. Such
                  walls shall be constructed in a manner satisfactory to the Board of Public Works.


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         (3)      Exceptions.
                  Where the entrance to a basement now exists in any sidewalk, if properly built and guarded
                  to the satisfaction of the Board of Public Works, it may be continued in use provided it is
                  necessary for access to such basement from the street.

         (4)      Trap Doors.
                  Trap Doors will not be allowed except upon written approval of the Board of Public Works. If
                  allowed, the trap door shall be designed for a live load of three hundred (300) pounds per
                  square foot and shall close to a completely flush unit. If the trap door shall become
                  hazardous or shall form a projection of any kind, it shall be repaired immediately. If not
                  repaired within ten (10) days of written notice by the Board of Public Works, the Board shall
                  cause same to be removed and the entrance or opening closed as per this ordinance.

(C)      Coal holes and catch basins.

         (1)      Coal holes not to exceed twenty-four (24) inches in their largest dimensions may be
                  provided in the sidewalks on any street. Coal holes shall be covered with an iron cover
                  having a rough surface and the cover shall be flush with the surface of the sidewalk.

         (2)      Projections. All covers for openings of every kind in sidewalks must be adjusted to the
                  proper grade of the sidewalk before any walk is built or rebuilt. No projection of any kind
                  shall be allowed above the surface of any sidewalk.


SECTION 25-58            SIDEWALK CONSTRUCTION.

(A)      Streets shall provide a right of way for vehicular traffic and, where the Council so requires, a
         sidewalk on either or both sides thereof; the sidewalk shall be for the use of persons on foot, and no
         person shall be allowed to encumber the same with boxes or other material.

(B)      The Council may from time to time by ordinance or resolution determine where the sidewalks shall
         be constructed and establish the width, determine the material and prescribe the method of
         construction of standard sidewalks, and the standard so fixed may be different for different streets,
         and may order by ordinance or resolution sidewalks to be laid as provided in this subsection.

         (1)      The Board of Public Works shall provide at least ten (10) days advance written notice, by
                  regular first class mail, to property owners affected by the ordinance or resolution that
                  determines where sidewalks shall be constructed.


SECTION 25-59            CONDEMNATION OF FAULTY CONSTRUCTION OR REPAIR;
                         DEFECTIVE SIDEWALKS; NOTICE TO REBUILD; CITY MAY
                         REPAIR; COST.

(A)      Faulty work; condemnation; notice.
         Whenever any person, firm or corporation shall repair or cause to be repaired an existing sidewalk
         contrary to the terms of this Chapter, or shall construct or cause to be constructed a sidewalk that
         cannot be made to conform to the requirements of this Chapter or to any requirement of the Board
         of Public Works without completely reconstructing such sidewalk or some part thereof; the Board of
         Public Works is empowered to and shall condemn the sidewalk or part thereof and shall give notice
         thereof to the licensee and owner of the abutting premises. Within twenty (20) days of receipt of


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         said notice the sidewalk or party thereof thus condemned shall be removed and rebuilt in
         accordance with the provisions of this chapter.

(B)      Defective sidewalks; condemnation; notice.
         When any existing sidewalk becomes defective, insufficient or dangerous to travel, the Board of
         Public Works is empowered to and shall condemn the sidewalk or part thereof and shall give notice
         thereof to the owner of the abutting premises. Within twenty (20) days after receipt of said notice
         the sidewalk or part thereof thus condemned shall be removed and rebuilt in accordance with the
         terms of this Chapter.

(C)      City may repair; cost.
         If any person, firm or corporation shall fail or neglect for twenty (20) days after the service of the
         notice referred to in Section 25-59(a) or (b) to comply with the same, the Board of Public Works
         shall proceed in the manner provided by law to cause the sidewalk or part thereof to be removed
         and a new concrete sidewalk built in place thereof and the cost of such work shall be charged either
         to the abutting property or to the licensee under the provisions of Section 25-49.


SECTION 25-60            POWERS OF THE BOARD OF PUBLIC WORKS TO GRANT
                         VARIANCES; ARCHITECTURAL SIDEWALKS.

(A)      The Board of Public Works is empowered to authorize in specific cases such variance from the
         terms of this Article as will not be contrary to the public interest, where owing to special conditions,
         a literal enforcement of the provisions of this ordinance will result in practical difficulty or
         unnecessary hardship, so that the spirit of this ordinance shall be observed, public safety and
         welfare secured, and substantial justice done.

(B)      Architectural sidewalks.
         Architectural sidewalks may be permitted by the Board of Public Works for an entire City block
         when a petition is filed by all the owners of property fronting on said block and when the board is
         satisfied that the architectural sidewalk meets the specification for strength and durability of
         sidewalks contained in this Code. The architectural sidewalk with the exception of color and design
         is subject to all requirements of this Code.


SECTION 25-61            PROCEDURE FOR PAYMENT FOR SIDEWALK CONSTRUCTION.

(A)      Methods of paying.
         The abutting property owner shall pay for the construction of sidewalks, whether ordered to be
         constructed by the City Council or otherwise, by paying for same himself without City intervention
         unless he elects one of the following methods:

         (1)      By payment of same by the City and reimbursement by being billed for same without
                  interest, on the next succeeding tax roll.
         (2)      If the cost is in excess of Two Hundred Fifty Dollars ($250.00), by payment of same by the
                  City and reimbursement by entering it in the tax roll over a ten (10) year period as a special
                  tax against said lot or parcel of land as provided in Section 25-85.

(B)      Miscellaneous provisions.
         The election to utilize Plan 1 above shall be made in writing by the property owner on forms to be
         supplied by the City; such election must be made within thirty (30) days from the date of the notice
         of requirement to elect method of payment; money for this purpose shall be taken from the Special
         Assessment Revolving Fund without further Common Council action, providing however, that the
         owner shall first approve, in writing the contractor's invoice in all cases where the owner contracted


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         directly with the contractor; and all reimbursements shall be credited to the Special Assessment
         Revolving Fund; the election specified above shall be available to the property owner if he contracts
         for the sidewalk installation or if the City contracts for the sidewalk installation.

(C)      If any charge of installment so entered in the tax roll shall not be paid to the City Treasurer with the
         other taxes, it shall be returned to the County as delinquent and accepted and collected by the
         County in the same manner as delinquent taxes on real estate.

(D)      Any property owner on an installment basis may pay all remaining installments, or any part thereof,
         together with interest at the rate of 5/6 of l% per month through the month of said payment providing
         however, that between November 1st and December 3lst of each year the one installment with
         interest which is placed on the current tax roll must be paid as shown on said tax roll, and the
         remaining principal installments may be paid without interest.

(E)      In the event 3 or more special assessments for either a water main, sanitary sewer main, street
         grading, street surfacing, or sidewalk are levied within 3 calendar years, an affected property owner
         on the 5 year payment plan for sidewalk charges may elect to have the balance due on said
         sidewalk charges extended and scheduled over a period of time which is equal to that which would
         have been in effect if a l0 year payment plan had originally been elected.


SECTION 25-62            RESERVED.
SECTION 25-63            RESERVED.
SECTION 25-64            RESERVED.
SECTION 25-65            RESERVED.
SECTION 25-66            RESERVED.
SECTION 25-67            RESERVED.


                                 ARTICLE VIII. SNOW AND ICE REMOVAL

SECTION 25-68            SNOW REMOVAL

(1)      Sidewalks

         Every owner of real property within the City shall within twenty-four (24) hours following cessation of
         a snowfall or other precipitation, remove all snow and ice from the sidewalk located adjacent to the
         premises; provided that, when ice is so formed on any sidewalk so that it cannot be removed, the
         person owning such premises shall keep the sidewalk sprinkled with a material to accelerate
         melting or prevent slipping. Every person who owns property abutting sidewalks on two intersecting
         streets shall remove all snow and ice from the sidewalks bordering the crosswalk, including the curb
         ramp. Additional snow events will not extend the snow removal deadline. Prior snowfalls are
         required to be removed by the original deadline.

(2)      Deposit On Streets and Near Fire Hydrants Prohibited.

         (A)      No person shall throw, or put, or cause to be thrown or put, any snow or ice onto any fire
                  hydrant, or cause to be blocked or covered or interfere with the use of fire hydrants.

         (B)      No owner of real property within the City shall remove or cause or allow to be removed any
                  snow or ice from private property including but not limited to driveway, parking lot, parking
                  area, business property, or other area onto any public right-of-way or public property. No
                  owner of real property within the City shall remove or cause or allow to be removed any
                  snow or ice from a sidewalk or driveway apron onto any alley or street.


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         (C)      Snow removed from public sidewalks shall not be stored in any manner which will
                  unreasonably obstruct or limit vehicular or pedestrian vision, movement, or access.

         (D)      If the owner of such premises shall fail to remove such snow and ice or to sprinkle a
                  sidewalk as required, or if the owner deposits or causes to be deposited or allows snow or
                  ice to be deposited upon any public right-of-way or public property contrary to these
                  provisions, such actions shall be considered a nuisance. Any person violating any of the
                  provisions of this section shall be subject to a forfeiture of not less than twenty dollars ($20)
                  nor more than fifty dollars ($50) for a first offense and not less than thirty dollars ($30) nor
                  more than one hundred dollars ($100) for any subsequent offense. Each day any violation
                  of this ordinance continues shall constitute a separate offense.


SECTION 25-69             WHEN CITY HAS TO DO WORK

(1)      Residential Districts.

         Whenever any owner of any parcel of real estate in a residential district fails or neglects to remove
         snow and ice from any such sidewalk as provided in Section 25-68 of the Oshkosh Municipal Code,
         the Director of Public Works shall, without notice, have the ice and snow removed there from. He
         shall keep an accurate account of the expenses, including any administrative costs, of keeping the
         sidewalks clear of snow and ice in all cases where owners of abutting lots fail to do so, shall invoice
         the property owner for such expenses and report the same to the Comptroller, who shall annually
         prepare a statement of the expenses so incurred and remaining unpaid in front of each lot or parcel
         of land and report the same to the City Clerk. The amount charged to each lot or parcel of land
         which remains unpaid shall be entered by the City Clerk in the tax roll as a special charge as
         provided in §66.0627 of the Wisconsin Statutes against such lot or parcel of land, and the same
         shall be collected in all respects like other taxes upon real estate. The imposition and collection of
         any forfeiture shall not bar the right of the City to collect the cost of the removal of snow and ice
         from the sidewalks as herein provided.

(2)      Commercial or Industrial Districts.

         Whenever any owner of any parcel of real estate in a commercial or industrial district fails or
         neglects to remove snow and ice from any such sidewalk as provided in Section 25-68 of the
         Oshkosh Municipal Code, the Director of Public Works shall, without notice, have the ice and snow
         removed there from. He shall keep an accurate account of the expenses, including any
         administrative costs, of keeping the sidewalks clear of snow and ice in all cases where owners of
         abutting lots fail to do so, shall invoice the property owner for such expenses and report the same to
         the Comptroller, who shall annually prepare a statement of the expenses so incurred and remaining
         unpaid in front of each lot or parcel of land and report the same to the City Clerk. The amount
         charged to each lot or parcel of land which remains unpaid shall be entered by the City Clerk in the
         tax roll as a special charge as provided in §66.0627 of the Wisconsin Statutes against such lot or
         parcel of land, and the same shall be collected in all respects like other taxes upon real estate. The
         imposition and collection of any forfeiture shall not bar the right of the City to collect the cost of the
         removal of snow and ice from the sidewalks as herein provided.


SECTION 25-70             RESERVED




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                               ARTICLE IX. NUMBERING OF BUILDINGS.

SECTION 25-71            UNIFORM SYSTEM OF NUMBERING ESTABLISHED.

There is hereby established a uniform system of numbering houses and buildings fronting on all streets,
avenues, and public ways in the City, and all houses and buildings shall be numbered in accordance with
the provisions of this Article.


SECTION 25-72            BASE LINE FOR STREETS RUNNING NORTH - SOUTH.

Witzel Avenue to center of Fox River and along the river to mouth of river shall constitute the base line for
numbering along all streets running north or south.

North and South Main Streets shall constitute the base line for numbering along all streets running east and
west.

         (A)      The numbering of houses and buildings shall start with zero on both sides of these base
                  lines; except that on the Witzel Avenue base line, the numbering shall start with one
                  hundred (100).

         (B)      The City Engineer shall number diagonal streets so as to conform to the general plan as
                  nearly as possible.

         (C)      The City Engineer may make whatever minor alterations and adjustments that may become
                  necessary to carry out the basic numbering plan of this Article.

         (D)      The City Engineer shall number circular streets so as to conform to the general plan as
                  nearly as possible.


SECTION 25-73            BASE LINE NUMBER TO BEGIN AT ZERO; EXCEPTION.

(A)      Numbers of streets to begin at base line.
         The numbering of each street shall begin at the base line with zero, except on the Witzel Avenue
         base line which will begin with one hundred (100). The City Engineer shall assign one hundred
         (l00) numbers to each block where practicable so as to provide a uniform system of numbers
         runnout out from each base line.

         The City Engineer shall assign a number to a lot or land frontage at whatever intervals are
         practicable.

(B)      Numbering where blocks are of different length.
         Where blocks of different lengths occur on opposite sides of a street, the numbers on both sides
         shall be assigned on the basis of the shorter blocks, unless the City Engineer shall otherwise
         determine.

SECTION 25-74            EXPLANATION OF THE NUMBERING SEQUENCE.

(A)      All lots and houses on the north and east sides of the streets shall be numbered with even numbers,


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and all lots and houses on the south and west sides of all streets shall be numbered with odd numbers,
each commencing with the hundred assigned to that block, and shall increase from the base line one (1)
number of each twenty (20) feet of frontage or fraction thereof, except as provided in Sections 25-79 to
25-83.

(B)     Where any building has more than one door serving separate occupants, a separate number shall
be assigned to each door serving a separate occupant, providing the building is twenty (20) feet or more in
width. If the building is not twenty (20) feet or more in width and the entrances are not that far apart, the
next consecutive number shall be marked as provided in Sections 25-79 to 25-83. Buildings fronting on two
(2) or more streets shall have a number assigned only to the main entrance, unless other entrances serve
different occupants.


SECTION 25-75           STREETS NOT EXTENDING TO BASE LINE.

All streets not extending through to the base line shall be assigned the same relative numbers as if the said
street had extended to the said base line.



SECTION 25-76           SURVEY AND ASSIGNMENT OF NUMBERS.

(A)      Designation of numbers.
         The Common Council shall cause the necessary survey to be made, and there shall be assigned to
         each house and building located on any street, avenue, or public ways in the City, its respective
         number under the uniform system provided for in this Article. When the survey shall have been
         completed and each house and building has been assigned it respective number or numbers, the
         City Engineer shall place or cause to be placed upon each house or building the number or
         numbers assigned under the uniform system provided for in this Article.

(B)      Numbers to be of a uniform size.
         The numbers and holders shall be uniform in size, color and style throughout the City with the
         numbers being three and one-half (3 1/2) inches by two and one-half (2 1/2) inches in black enamel
         vitrified tile. The numbers shall be placed within twenty (20) days after the assigning of the proper
         number. The cost of the original numbers shall be included as part of the fee establishing grades
         as provided in Section 7-11(B) of this Code. The cost of any replacement numbers shall be $2.50
         per number. Numbers shall be procured from the City Engineer.

(C)      Numbers to be conspicuously placed.
         The numbers shall be conspicuously placed immediately above, on or at the side of the proper door
         of each building so that the number can be seen plainly from the street. Whenever any building is
         situated more than fifty (50) feet from the street line, the number of such building shall be
         conspicuously displayed at the street line, near the walk, driveway or common entrance to such
         building and upon the gate post, fence, tree, post or other appropriate place so as to be easily
         discernible from the sidewalk.


SECTION 25-77           DISTINCTIVE NUMBERS FOR PORTIONS OF BUILDINGS.

Where only one (1) number can be assigned to any house or building, the owner, occupant or agent thereof
who shall desire distinctive numbers for the upper and lower portion of the house or building, or for party
thereof fronting on any street, shall use the suffix "A", "B", "C", etc. as may be required.




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SECTION 25-78           PLAT BOOK TO BE KEPT.

For the purpose of facilitating a correct numbering, a plat book of all streets, avenues and public highways
within the City, showing the proper numbers of all lots or houses fronting upon all streets, avenues, or
highways, shall be kept on file in the office of the City Engineer. These plats shall be open to inspection to
all persons during the office hours of the Engineer. Duplicate copies of such plats may be furnished to the
Clerk and Building Inspector by the City Engineer.


SECTION 25-79           CITY ENGINEER TO INFORM APPLICANT OF NUMBERS.

It shall be the duty of the City Engineer to inform any party applying therefor, of the number or numbers
belonging or embraced within the limits of said lot or property as provided in this Section. In case of doubt
as to the proper number to be assigned to any lot or building, the City Engineer shall determine the number
of such lot or building.


SECTION 25-80           RESPONSIBILITY OF OWNER TO PROCURE NUMBERS.

Whenever any house, building or structure shall be erected or located in the City, after the entire work of
establishing a uniform system of house numbering has been completed, in order to preserve the continuity
and uniformity of numbers of all houses, buildings and structures, it shall be the duty of the owner to
procure the correct number or numbers as designated from the City Engineer for the property and to
immediately fasten the numbers so assigned upon said building as provided by this Article. No building
permit shall be issued for any house, building or structure until the owner has procured the official number
of the premises.


SECTION 25-81           POLICE TO REPORT VIOLATIONS.

It shall be the duty of all police officers of the City to report violations of any provision of this Article.


SECTION 25-82           REFUSAL TO NUMBER BUILDING.

If the owner or occupant of any building required to be numbered by this Article shall prevent the City
Engineer from attaching and maintaining the proper number on such building, the City Attorney shall serve
upon the owner a notice requiring him to properly number the same, and if the owner or occupant neglects
to do so within ten (10) days after the service of such notice, he shall be deemed to have violated this
Article.


                  ARTICLE X. PROCEDURE FOR PAYMENT OF SPECIAL ASSESSMENTS

SECTION 25-83           METHODS OF PAYING.

The abutting property owner shall pay for the construction of public improvements where special
assessments are levied or charged, by paying for same under one (l) of the following plans and according
to the provisions of this Section.


SECTION 25-84           PAYMENT IN FULL

(A)      Such owner shall file the notice specified in Section 66.45(7)(e) of the Wisconsin Statutes and pay


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         for same in full prior to the next succeeding November 1. Upon acceptance of the particular public
         improvement involved and the election by the property owner pursuant hereto, the Clerk shall issue
         the Certificate of same pursuant to Section 66.54 of the Wisconsin Statutes, and deliver same to
         the Treasurer for collection.

(B)      The Treasurer shall then notify such owner: (1) that the amount is due, (2) that if paid on the next
         succeeding tax roll interest will not be charged, otherwise interest shall accrue at the rate of ten (10)
         per cent per year from the date of the Certificate.


SECTION 25-84.6          FIVE YEAR INSTALLMENT PLAN

(A)      The City Clerk shall publish a Class 1 Notice, an Installment Assessment Notice similar to the
         notice specified in Section 66.54(7)(e) of the Wisconsin Statutes stating that the City has
         determined to collect the same in five (5) annual installments.

(B)      First installment shall include one-fifth (1/5) portion of the principal of the assessment together with
         interest thereto at the rate of six (6) per cent per year from the date of acceptance by the City of
         such public improvement to the succeeding December 31, providing such acceptance was prior to
         November of such year, otherwise the interest shall accrue to the next succeeding tax roll. Each
         subsequent installment shall include a like portion of the principal and one (1) year’s interest upon
         the unpaid portion of such assessment. The City Clerk shall maintain a schedule of all five (5) year
         installment assessment plans and the payments made thereon.

(C)      The provisions for this installment payment option shall apply to assessments Five Hundred Dollars
         ($500.00) or more. For cold-mix asphalt resurfacing, the property owner shall be deemed to accept
         this plan unless the property owner files with the Clerk the notice specified in Section 25-84(A).
         There shall be no installment payment option for assessment for cold-mix asphalt resurfacing for
         assessments less than Five Hundred Dollars ($500.00)


SECTION 25-85            TEN YEAR INSTALLMENT PLAN.

(A)      The City Clerk shall publish a Class 1 Notice, an Installment Assessment Notice similar to the
         notice specified in Section 66.54(7)(e) of the Wisconsin Statutes stating that the City has
         determined to collect the same in ten (10) annual installments. Except for assessments for cold-mix
         asphalt resurfacing, the property owner shall be deemed to accept this plan unless he files with the
         Clerk the notice specified in Section 25-84(A).

(B)      First installment shall include one-tenth (1/10) portion of the principal of the assessment together
         with interest thereto at the rate of six (6) per cent per year from the date of acceptance by the City
         of such public improvement to the succeeding December 31, providing such acceptance was prior
         to November of such year, otherwise the interest shall accrue to the next succeeding tax roll. Each
         subsequent installment shall include a like portion of the principal and one (1) year's interest upon
         the unpaid portion of such assessment. The City Clerk shall maintain a schedule of all ten (10) year
         installment assessment plans and the payments made thereon.

(C)      The provisions for this installment payment plan option shall apply only to assessments Five
         Hundred Dollars ($500.00) or more. The installment plan provided for by this section shall not be
         available for cold-mix asphalt resurfacing.


SECTION 25-85.6          FIFTEEN YEAR INSTALLMENT PLAN



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(A)      The City Clerk shall publish a Class 1 Notice, an Installment Assessment Notice similar to the
         notice specified in Section 66.54(7)(e) of the Wisconsin Statutes stating that the City has
         determined to collect the same in fifteen (15) annual installments.


(B)      First installment shall include one-fifteenth (1/15) portion of the principal of the assessment together
         with interest thereto at the rate of six (6) per cent per year from the date of acceptance by the City
         of such public improvement to the succeeding December 31, providing such acceptance was prior
         to November of such year, otherwise the interest shall accrue to the next succeeding tax roll. Each
         subsequent installment shall include a like portion of the principal and one (1) year’s interest upon
         the unpaid portion of such assessment. The City Clerk shall maintain a schedule of all fifteen (15)
         year installment assessment plans and the payments made thereon.

(C)      The provisions for this installment payment plan option shall apply only to assessments One
         Thousand Dollars ($1,000.00) or more. The installment plan provided for by this section shall not
         be available for cold-mix asphalt resurfacing.



SECTION 25-86           PRORATED INTEREST.

After the time for making the election shall have expired, any property owner on an installment basis may
pay all remaining installments, or any part thereof, together with interest at the rate of six (6) per cent per
year through the month of the payment, provided, however, that between November 1 and December 31 of
each year the one (1) installment with interest which is placed on the current tax roll must be paid as shown
on the tax roll, and the remaining principal installments may be paid without interest.

SECTION 25-87            (REPEALED 4/22/03).


SECTION 25-88           NOTICE OF ELECTION OF INSTALLMENT PAYMENT TO BE IN WRITING.

(A)      The election to utilize any of the above payment plans shall be made in writing by the property
         owner on forms supplied by the City.

(B)      The City Clerk upon certification of the project by the Board of Public Works shall notify all property
         owners who have not made an election for payment under the provisions of this Article that they
         shall have thirty (30) days from the date of such acceptance and certification to pay the entire
         assessment, and if they fail to make the payment, then the assessment shall be payable over a
         period of ten (10) years under the provisions of this Article.


SECTION 25-89           PAYMENT OF HOOK-ON CHARGES.

(A)      Property annexing to the City shall pay a hook-up charge, which is calculated at rates equal to the
         special assessments previously levied against benefiting properties located within the City limits for
         public storm sewer, public sanitary sewer main and/or public water main, at such time as the
         annexation procedure is officially completed.

(B)      Such charge may be prorated upon request of the property owner as though it were originally under
         the ten (10) year assessment plan: One-tenth (1/10) of the charge shall be paid for each year after
         the original assessment to a total of ten (10) and the balance paid annually in one-tenth (1/10)
         installments with interest at the rate of six (6) per cent per year.



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SECTION 25-90            SPECIAL ASSESSMENTS - DEFERRED PAYMENT

The Common Council may by resolution direct the City Treasurer to pay all, or any portion of special
assessments or special charges extended upon the current or next tax roll against property owned by and
upon which reside, worthy, indigent persons, in accordance with the provisions of Wis. Stat. Sec. 74.77 with
an annual interest rate of six (6) per cent per year. Applications for deferment of payment shall be upon a
form provided by the City Clerk verified by applicant, and the information contained therein shall be treated
a confidential, privileged information. Each application shall be considered by the Board of Public Works,
which shall make its recommendation thereon to the Common Council. All of the provisions of Wis. Stat.
Sec. 74.77 shall be applicable to such deferred charges and assessments.



                                     ARTICLE XI. ACCESS CONTROL

SECTION 25-91            DEFINITIONS

For the purposes of this Ordinance, the following words shall have the meaning thereafter provided:

(1)      Class I Driveway Approach shall mean a driveway approach, which serves a Type "A" site or a
         single parcel of property located in a residential zoning district or commercial zoning district which is
         used for residential purposes.

(2)      Class II Driveway Approach shall mean a driveway approach, which serves property located in a
         commercial district which is not used primarily for residential purposes.

(3)      Class III Driveway Approach shall mean a driveway approach, which serves commercial or
         manufacturing property and which is primarily used by buses or semi-trailer trucks.

(4)      Curb Cut shall mean that section of concrete curb removed to permit the entrance and exit of
         vehicles from adjacent property and shall be measured at the entrance width plus the allowable
         flare.

(5)      Director of Public Works shall include designees thereof.

(6)      Driveway shall mean a private roadway providing access from a public right-of-way to a parking
         space, garage, dwelling, parking lot, or other structure.

(7)      Driveway Approach shall mean an area within a public right-of-way which is improved for motor
         vehicle traffic and which connects a private road or driveway to a portion of a public right-of-way,
         which is improved for motor vehicle traffic.

(8)      Entrance shall mean the point at which a driveway abuts the driveway approach.

(9)      Flare shall mean the portion of a driveway approach, which is wider at the street curb line than at
         the entrance.

(10)     Intersection Turning Area shall mean the part of the street intersection included between the radius
         line used to connect the curb lines and the intersection of the curb lines, if extended.

(11)     Type "A" Site shall mean property in a residential zoning district containing a single residential
         structure of one or two dwelling units having fewer than five (5) off-street parking spaces.



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(12)     Type "B" Site shall mean all property, whether one or more contiguous lots or parts of lots, which
         does not meet the definition of a Type "A" site.



SECTION 25-92            CURB CUT PERMIT REQUIRED.

No person shall begin to construct, reconstruct, repair, alter, or grade any sidewalk, curb, curb-cut,
driveway approach or street on the public streets without first obtaining a license for that purpose from the
office of the City Clerk as provided in section 25- 45 of this Chapter. In addition, for each project or address
at which work will be performed a work in the right-of-way permit shall be obtained from the Director of
Public Works as provided by this Article. Before receiving such permit, the applicant shall pay to the City
Treasurer the fee established per Section 25-16.


SECTION 25-93            APPLICATION.

An applicant for a permit hereunder shall file with the Director of Public Works an application showing:

         (a)      Name and address of the owner, or agent in charge, of the property abutting the proposed
                  work area;

         (b)      Name and address of the party doing the work;

         (c)      Location of the work area;

         (d)      Attached plans showing details of the proposed alteration;

         (e)      An approved building permit;

         (f)      The location of existing driveway approaches currently serving the property.

         (g)      Such other information as the Director of Public Works shall find reasonably necessary to
                  the determination of whether a permit should be issued hereunder. Note: Existing driveway
                  approaches that require abandonment must be removed and the curb/gutter replaced to the
                  standard specifications of the City.


SECTION 25-94            Reserved
SECTION 25-95            Reserved
SECTION 25-96            Reserved
SECTION 25-97            Reserved
SECTION 25-98            Reserved
SECTION 25-99            Reserved
SECTION 25-100           Reserved


SECTION 25-101           STANDARDS FOR ISSUANCE OF PERMIT.

The Director of Public Works shall issue a permit hereunder when the following conditions are met:

(A)      That the plans for the proposed operation have been approved by the City Engineer or Director of
         Public Works.


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(B)      That the work shall be done according to the standard specifications of the City for public work of
         like character. Said plans and specifications for curb cuts are on file in the office of the City
         Engineer of the City of Oshkosh.


(C)      That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand
         and necessity for parking spaces, and the means of egress to and from the property affected and
         adjacent properties.

(D)      That the health, welfare and safety of the public will not be unreasonably impaired.


SECTION 25-102          SUPERVISION OF DIRECTOR OF PUBLIC WORKS.

All operations for which a permit is granted hereunder shall be under the direction and supervision of the
Director of Public Works.


SECTION 25-103          ORDER TO ALTER CURB CUT.

(a)      Where the use, convenience and necessity of the public require, the Director of Public Works shall
         have the authority to order the owners, or agents in charge of property adjacent to which curb cuts
         are maintained, to alter or close the curb cut in such manner as necessary under the
         circumstances.

(b)      Whenever a curb cut is altered or closed, the work shall be performed according to the plans and
         specifications for curb cuts on file in the office of the City engineer of the City of Oshkosh.


SECTION 25-104          NOTICE OF ALTERATION ORDER.

The notice required by Section 25-103 shall (1) require compliance by permittee within thirty (30) days of
said notice, (2) be in writing and, (3) be served upon permittee as required by law.


SECTION 25-104.1        DRIVEWAY CONDITIONS AND CRITERIA

The location of non-commercial and manufacturing driveway approaches on local and collector streets shall
be subject to the following:

(a)      Driveway approach openings shall be located at least forty (40) feet from the right-of-way line with
         the exception of single-family and two-family driveway openings, which shall be located at least
         twenty-five (25) feet from the right-of-way line.

(b)      No driveway approach shall be closer than one-half (1/2) foot to an adjacent property line. This
         requirement shall not apply when adjacent property owners sign a joint application for a driveway
         approach permit.

(c)      Any two (2) driveway approaches to the same lot shall be at least twenty (20) feet apart.

(d)      All driveway approaches shall be so located as to provide adequate sight distance in both directions
         along the street for safe access to the street.



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(e)       A maximum of two (2) driveway approaches per property.

(f)       For single and two-family dwellings where no garage exists, the maximum driveway width shall not
          exceed twelve (12) feet. Said driveway shall be situated so as not to create only a front yard parking
          area.


(g)       For single and two-family dwellings, circular, horseshoe and similar type driveways shall be permitted
          where the minimum lot width is at least 100 feet. The maximum width of such a driveway shall not
          exceed twelve (12) feet, except for the area of allowable paving in front of the garage, and the inside
          edge of the arc of the driveway shall be at least twenty-five (25) feet from the front lot line. For
          driveways with two curb openings, the spacing shall provide a minimum dimension of fifty (50) feet
          between the inside driveway edges, measured at the right-of-way line.

(h)       DRIVEWAY CONDITIONS AND CRITERIA
          (1)  Class I
               Maximum permitted width of entrance .......... 24 feet
               Minimum permitted width of entrance ............. 8 feet
               Maximum permitted curb cut ......................... 29 feet
               Minimum permitted curb cut .......................... 13 feet
               Maximum flare.............................................. 2.5 feet

          (2)      Class II*
                   Maximum permitted width of entrance .......... 30 feet
                   Minimum permitted width of entrance
                           or two entrances of 10 feet minimum
                           under one-way operation................... 18 feet
                   Maximum permitted curb cut ......................... 40 feet
                   Minimum permitted curb cut .......................... 28 feet
                   Maximum flare................................................. 5 feet

          (3)      Class III
                   Maximum permitted width of entrance .......... 40 feet
                   Minimum permitted width of entrance ........... 35 feet
                   Maximum permitted curb cut ........................ 70 feet
                   Minimum permitted curb cut ......................... 65 feet
                   Maximum flare .............................................. 15 feet

      *   Minimum permitted entrance width is ten (10) feet when
          serving twelve (12) or fewer vehicle parking spaces at a
          multiple-dwelling unit facility.

(i)       The following set of driveway access conditions and criteria apply to driveway approach
          improvements on any secondary and primary arterial and commercial/manufacturing property
          located on a collector street:

          (1)      Driveway Approaches

                   Corner clearance:            a) near side = 175 feet from the right-of-way line
                                                b) far side = 120 feet from the right-of-way line

                   Frequency          a) one per single and two family residential property unless in
                                       compliance with 25.104.1(g)



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                                b) two per multi-dwelling property
                                c) a second driveway warranted per commercial parcel if
                                   frontage is greater than 600 feet or if total ingress/egress
                                   volume exceeds 5000 vpd.

                  Spacing       a) 105 foot minimum curb for 25 mph speed limit
                                b) 125 foot minimum curb for 30 mph speed limit
                                c) 150 foot minimum curb for 35 mph speed limit
                                d) 185 foot curb minimum for 40 mph speed limit
                                e) 230 foot curb minimum for 45 mph and over speed limit

                  Width:
                  (1)    Class I
                         Maximum permitted width of entrance… 24 feet
                         Minimum permitted width of entrance… 8 feet
                         Maximum permitted curb cut …………. 29 feet
                         Minimum permitted curb cut………….... 13 feet
                         Maximum flare…………………………... 2.5 feet

                  (2)    Class II*
                         Maximum permitted width of entrance…30 feet
                         Minimum permitted width of entrance
                           or two entrances of 10 feet minimum
                           under one-way operation…………….. 18 feet
                         Maximum permitted curb cut…………... 40 feet
                         Minimum permitted curb cut…………… 28 feet
                         Maximum flare…………………………… 5 feet
                  (3)    Class III
                         Maximum permitted width of entrance… 40 feet
                         Minimum permitted width of entrance…. 35 feet
                         Maximum permitted curb cut ……………70 feet
                         Minimum permitted curb cut …………….65 feet
                         Maximum flare ……………………………15 feet

         *        Minimum permitted entrance width is ten (10) feet when
                  serving twelve (12) or fewer vehicle parking spaces at a
                  multiple-dwelling unit facility.

                  Restricted Lateral Clearance
                                 …………75 ft. minimum if traffic is less than 1500 vph.
                                 … … … 120 ft. minimum if traffic is greater than 1500 vph

                  Downstream Median: Required at all four-lane driveways.

                         a) Minimum width = 4 feet, Desirable width = 10 feet
                         b) Minimum length = 25 feet.

(j)      Anytime a parcel of land is cleared of existing surface improvements, the driveways serving that
         parcel should be cleared or reconstructed to conform to the guidelines set forth herein.

(k)      The following special design features may be permitted or required at high volume (5000 vpd)
         entrances if approved by the Board of Public Works.

                  (a)    One or more driveway approaches may be replaced by a street type entrance. The


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                          cost shall be borne by the requestor. The spacing shall be a minimum of 300 feet.

                  (b)     One or more driveways to a major traffic generator may be replaced with special
                          geometrically designed approaches and entrances where traffic volumes and turning
                          movements reduce the capacity of the adjacent street or pose a hazard to through
                          traffic. These designed approaches or entrances include (but are not limited to) speed
                          change lanes, median crossovers, traffic islands and special driveway approach
                          design features. The owner of the traffic generator shall be financially responsible for
                          the cost of the specially designed approaches and entrances as well as the cost of
                          additional drainage structures, street lighting and traffic signals and conduit
                          necessitated at such approaches and entrances.

                  (c)     Right-of-way areas adjacent to driveway approaches shall be left unimproved for
                          vehicular use.

SECTION 25-104.2          UNUSUAL CONDITIONS

The Plan Commission is hereby authorized to grant in writing, variances from the strict application of
driveway conditions and criteria provided it is determined that the following conditions are present:

         (1)      The exception or variance desired arises from peculiar physical conditions not ordinarily
                  existing in similar districts in the city, or is due to the nature of the business or operation on
                  the abutting property.

         (2)      That the granting of the permit for the exception or variance will not adversely affect the
                  rights of adjacent property owners or tenants.

         (3)      That exception or variance desired is not against the public interest, particularly safety,
                  convenience and general welfare.

         (4)      That the strict application of the terms of this chapter will impose unnecessary hardship on
                  the property owner or tenant.

The Director of Community Development or designee may require additional conditions that may be
deemed necessary to meet the standards of this section.

The Director of Community Development or designee shall have the authority to grant a variance for
Section 25-104.1(h).


                                   ARTICLE XII. RIVER AND BRIDGES.

SECTION 25-105            DIRECTOR OF PUBLIC WORKS.

Duties of Director; See Section 2-26 of this Code.


SECTION 25-106            DUTIES OF BRIDGE TENDERS.

The duties of such bridge-tenders shall be to have charge of the bridges to which they are appointed; to
cause such bridges to be promptly opened and closed, to allow for passage of boats and to keep the same
properly lighted in accordance with the regulations therefor from time to time prescribed by the proper
United States authorities and as may be required by the Common Council; to promptly notify the Police
Department of the violation of any ordinances of the City regulating traffic on the bridges; to at once notify


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the Superintendent of Bridges of any defect occurring or existing to his knowledge, or reasonably
discoverable by him, in or upon his bridge and to take all precautions and means in his control to prevent
injuries to any person from such defect; and to obey the rules and comply with the directions from time to
time made or given for the care and management of such bridges by the Bridge Superintendent.




SECTION 25-107           LOITERING ON BRIDGES; FISHING.

No person shall stand or loiter on any bridge in the City or the abutment or railing pertaining to the same,
except that any person may fish from the East or downstream side of City owned bridges with the exception
of the Main Street Bridge. No person shall fish on such bridges in violation of the following regulations:

         (A)      Fishing poles longer than five and one-half (5 1/2) feet shall not be used.

         (B)      Not more than two (2) fishing poles per person shall be used.

         (C)      A bait bucket larger than a two (2) gallon bucket shall not be used.

         (D)      No casting is allowed.

         (E)      Drop or throw line fishing shall not be allowed.

         (F)      Fishing from the span is not allowed.


SECTION 25-108           POLICE TO PRESERVE ORDER.

(A)      Any police officer may give any order for the preservation of good order and the equal convenience
         of the public on or near any bridge in the City; and any person refusing or neglecting to obey such
         order shall be subject to immediate arrest and to the penalty hereinafter provided.


SECTION 25-109           DAMAGING BRIDGES.

No person shall mar, deface, cut, injure, or intermeddle with any bridge within the limits of the City, or mar,
deface, cut, injure or intermeddle with any safety gate or gates, tools, machinery, lamps or lighting
apparatus connected with or used in, upon, or about any bridge or bridges.


SECTION 25-110           BOAT OPERATORS TO WAIT UNTIL BRIDGE OPENS.

Whenever any person having charge of any vessel, craft or float shall wish to move the same past any
bridge, reasonable time shall be allowed for the opening of the same, and no person shall move any vessel,
craft or float against any bridge or draw thereof before the same shall be opened.


SECTION 25-111           OBSTRUCTING BRIDGES.

No person shall place or cause to be placed any vehicle or other thing on any of the bridges within the City
so as to cause any obstruction to a free passage across said bridges.




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SECTION 25-112          FASTENING VESSELS TO BRIDGES.

No person shall tie, attach or in any manner fasten to any bridge across Fox River in the City, or to any pier
of any such bridge, including protection piers and all parts of such bridges, any boat, vessel, scow, float,
raft, barge, crib of logs, timber or lumber or any floating articles, materials or property of any kind.



SECTION 25-113          CONDUCT OF VESSELS.

All vessels, crafts or floats navigating Fox River when passing any bridge in the City shall be moved past
the same as expeditiously as is consistent with a proper movement in the river, but in no case shall any
vessel, craft or float while passing any bridge and obstructing the same be allowed, remain or obstruct the
passage across said bridge more than thirty (30) minutes, and no vessel, craft or float shall be so anchored
or fastened by the person in charge as to prevent any bridge from a free and speedy opening.


SECTION 25-114          ANCHORING VESSELS NEAR BRIDGES.

No person in charge of any steamboat, vessel or any other water craft of whatever name or description
shall under any circumstances permit the dropping of the anchor into the water or otherwise fasten within
fifty (50) feet from any of the bridges in Fox River.


SECTION 25-115          BELL SIGNALS.

(A)      Bridge tender to ring bell.
         A bell shall be placed at or near the center of the draw of each bridge in the City and it shall be the
         duty of each bridge tender in the City immediately before opening the bridge draw for any purpose
         whatever, to ring such bell.

(B)      Driving onto bridge after signal prohibited.
         No person shall drive or attempt to drive on the draw of any bridge with any kind of vehicle after the
         tender of such bridge has commenced to give the signal for swinging or opening the draw thereof.

(C)      Unauthorized use prohibited.
         No person shall ring or meddle with the bell on any bridge, except authorized personnel.


SECTION 25-116          BOATS, RAFTS, ETC. TO BE FASTENED.

No owner, bailee or person having in charge, and any person to whom belongs the legal custody of every
fleet, float, raft or crib or logs, posts, timber or lumber, shall permit or allow the same to remain, either with
or without his knowledge, in Fox River within the limits of the City without the same being properly and
securely fastened to some fixed post, pile or other permanent object. These provisions shall not apply to
any fleet, float or raft or crib which is in the actual custody of some person or persons and being moved or
navigated from one place to another on said river.


SECTION 25-117          STEAMBOATS AND WHISTLES.

(A)      Slow speed required.
         All steamboats coming or going out of Fox River of passing up or down the river in the City shall be
         moved under a low head of steam and slowly by the person in charge so as not to endanger other


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         craft, and shall have extinguished or secured safely at dark all fires that may be kept on board.

(B)      Blowing of whistle near bridge prohibited; exception.
         No person having in charge any steamboat or tug boat of whatever name or description upon the
         waters within the limits of the City shall blow or permit or cause or suffer the steam whistle therein
         to be blown except in case of alarm for an actual fire and public danger, within two hundred (200)
         feet of any bridge or within two hundred (200) feet of any dock or wharf within the City.


SECTION 25-118          ANCHORING IN RIVER.

No person having in charge any steamboat, vessel or other craft or float shall anchor or otherwise fasten or
permit to be fastened any steamboat, vessel, craft or float in Fox River in the City so that the same shall
obstruct the passage of any other steamboat, vessel, craft or float coming in or going out or passing up or
down said river.


SECTION 25-119          FISHING DOCKS AND PIERS.

It shall be unlawful to fish or loiter on the Bowen Street Dock from ten o'clock (10:00) P.M. to sunrise.



                                        ARTICLE XIII. PENALTIES.

SECTION 25-120          PENALTIES.

Any person who shall violate any of the provisions of this Chapter or of any Section thereof, shall, upon
conviction thereof, be punished by a forfeiture of not less than $75.00 nor more than $500.00, together with
costs of prosecution and in default of payment thereof, by imprisonment in the County Jail for a period not
to exceed sixty (60) days. Each day of violation shall constitute a separate offense.

SECTION 25-121          LICENSE/PERMIT N0N-RENEWAL, SUSPENSION, OR REVOCATION

In addition to any other penalty provided by law, any licensee or permittee found to be in violation of the
provisions of this Chapter, any rules or conditions of the Director of Public Works shall be subject to non-
renewal, suspension or revocation of their license/permit by the Director of Public Works. The City elects
not to be bound by the provisions of Chapter 68 Wis. Stats. in regard to decisions on license or permit
status under this section.

Any person may file a sworn written complaint with the City Clerk alleging violations of this Chapter or of
applicable State or other law related to a licensee or permittee under this Chapter. Upon filing of a
complaint, the City Clerk shall issue a notice setting forth a date and time for hearing on the matter, not less
than three (3) days nor more than fifteen (15) days after the date of the notice.

If the Director of Public Works, Chief of Police or their designees shall determine that a licensee or
permittee is in violation of the provisions of this Chapter, any rules or conditions of the Director of Public
Works and that such violation creates a great and immediate danger to the public health, safety, or peace,
the Director, Chief or their designees may take such as action as they may deem necessary to protect the
public. The licensee may appeal from such action by filing with the City Clerk a statement indicating the
action taken and specifying the reasons for the appeal. Upon filing of an appeal, the City Clerk shall issue
a notice setting forth a date and time for hearing on the matter, not less than three (3) days nor more than
fifteen (15) days after the date of the notice.



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At the hearing, the complainant and the person(s) complained of may be represented by counsel, may
present evidence and call and examine witnesses and cross examine witnesses of another party. Such
witnesses shall be sworn or affirmed by the person conducting the hearing. The Director of Public Works
shall act as the decision maker. If the Director is the complainant or is otherwise unable to so act, a
decision maker shall be appointed by the City Manager.

A written determination continuing, suspending, revoking, or failing to renew the license or permit shall be
issued within ten (10) days of the hearing. The written determination shall be mailed to all interested parties
and shall be placed on file with the City Clerk by the decision maker. The written decision shall specify the
reasons for the decision made.

Within ten days of the date of posting of the written decision, any person aggrieved thereby may appeal
such decision to the Common Council. Appeals shall be taken by filing a notice of appeal specifying the
grounds therefore with the City Clerk. On Appeal the Director or other decision maker shall forthwith
transmit all papers relating to such appeal to the City Clerk. The Clerk shall give notice of the appeal to the
Common Council at its next regular meeting. The Council shall then fix a reasonable time for hearing of the
same and give public notice thereof, as well as notice to the parties interested, and shall promptly decide
the appeal. Any party to the proceeding as well as any person who may be adversely affected by a
decision of the Council may appear at the hearing and may produce witnesses and be represented by
counsel. In addition to any other witnesses presented, the Council may subpoena and examine such other
persons as it may deem necessary for a fair and impartial hearing of the appeal. The Clerk shall swear all
persons testifying before the Council in regard to the appeal, and shall maintain a record of all testimony
and other evidence as may be presented.

The Council may reverse, affirm, or modify the decision of the Director or other decision maker appealed
from, and to this end may direct issuance, suspension or revocation of any license or permit issued under
this Chapter. Within ten (10) days after the decision on any appeal, the City Clerk shall cause due notice
thereof in writing to be mailed to all parties to the appeal as well as any other persons who may have
appeared therein at their last known post office address. Such notice shall specify the grounds for the
decision.

Any person aggrieved by the decision of the Common Council on appeal may seek such other legal relief
as may be available.




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