66.610(3)(c)1.1. Subject to
subd. 2., the council may authorize the payment of the entire cost of any pedestrian mall improvement established under this section by appropriation from the general fund, by taxation or special assessments, and by the issuance of municipal bonds, general or particular special improvement bonds, revenue bonds, mortgages or certificates, or by any combination of such financing methods.
66.610(3)(c)2.
2. If such improvement is financed by special assessments and special improvement bonds are not issued, such special assessments, when collected, shall be applied to the payment of the principal and interest on any general obligation bonds issued or to the reduction of general taxes if such general obligation bonds or general tax levy are used to finance the improvement.
66.610(3)(d)
(d) The council may exercise the powers granted by this subsection only if it makes the findings required under
sub. (4) and complies with the procedures and requirements under
subs. (5),
(6) and
(8).
66.610(4)
(4) Preliminary findings. No pedestrian mall may be established under
sub. (3) unless the council finds that:
66.610(4)(a)
(a) The proposed pedestrian mall will be located primarily in or adjacent to a business district.
66.610(4)(b)
(b) There exist reasonably convenient alternate routes for private vehicles to other parts of the city and state.
66.610(4)(c)
(c) The continued unlimited use by private vehicles of the streets or parts thereof in the proposed mall district endangers pedestrian safety.
66.610(4)(d)
(d) Properties abutting the proposed mall can be reasonably and adequately provided with emergency vehicle services and delivery and receiving of merchandise or materials either from other streets or alleys or by the limited use of the pedestrian mall for such purposes.
66.610(4)(e)
(e) It is in the public interest to use such street or portions thereof primarily for pedestrian purposes.
66.610(5)(a)(a) Before establishing a pedestrian mall or undertaking any pedestrian mall improvement, the council shall by resolution authorize the commissioner of public works and the local planning agency to make studies and prepare preliminary plans for the proposed project. The local planning agency shall hold a public hearing on these studies and preliminary plans.
66.610(5)(b)
(b) Upon receiving the authority under
par. (a) and upon completion of the public hearing, the commissioner of public works shall prepare a report which shall include:
66.610(5)(b)1.
1. A plat and survey showing the character, course and extent of the proposed pedestrian mall.
66.610(5)(b)2.
2. A description of any proposed alterations of any street and of any public or private utilities running under or over any public way.
66.610(5)(b)3.
3. A description of the methods to be used in completing the project, including information on grading, drainage, planting, street lighting, paving, curbing, sidewalks, the types of construction materials and the proposed initial distribution and location of any movable furniture, sculptures, pedestrian or vehicle traffic control devices, flowers and plantings and any other structures or facilities.
66.610(5)(b)4.
4. A description of the property necessary to be acquired or interfered with and the identity of the owner of each such parcel if the same can be readily ascertained by the commissioner.
66.610(5)(b)5.
5. An estimate of the cost of each item in the proposed project, described separately or in reasonable classifications detailed to the council's satisfaction.
66.610(5)(c)
(c) In preparing such report, the commissioner of public works shall consult with any community development advisory body which has been organized in the proposed pedestrian mall district.
66.610(5)(d)
(d) After referring the report described in
par. (b) to the city plan commission for review and recommendations, the commissioner of public works shall submit such report, with the city plan commission's recommendations, if any, to the council and shall file a copy in the office of the city clerk. The council may then refer the report and recommendations, with any modifications it deems necessary, to the board of assessment for action pursuant to
subch. II of ch. 32.
66.610(5)(e)
(e) Notwithstanding any other provision of this section, if a petition protesting the establishment of a pedestrian mall or a pedestrian mall improvement, duly signed and acknowledged by the owners of 51% or more of the front footage of lands abutting a street or part thereof proposed as a pedestrian mall, is filed with the city clerk at any time prior to the conclusion of all proceedings required under this section, the council shall terminate its proceedings, and no proposal for the establishment of the same or substantially the same mall may be introduced or adopted within one year after such termination.
66.610(5)(f)
(f) Proceedings governing the establishment of a pedestrian mall or the undertaking of a pedestrian mall improvement are governed by
subch. II of ch. 32.
66.610(6)
(6) Ordinances; required provisions. Any ordinance establishing a pedestrian mall shall:
66.610(6)(b)
(b) Designate the streets, including intersecting streets, or parts thereof to be used as a pedestrian mall.
66.610(6)(c)
(c) Limit the use of the surface of such street or part thereof to pedestrian users and to emergency, public works, maintenance and utility transportation vehicles during such times as the council determines appropriate to enhance the purposes and function of the pedestrian mall.
66.610(7)
(7) Use by public carriers. If the council finds that a street or part thereof which is designated as a pedestrian mall is served by a common carrier engaged in mass transportation of persons within the city and that continued use of such street or part thereof by such common carrier will benefit the city, the public and adjacent property, the council may permit such carrier to use such street or part thereof for such purposes to the same extent and subject to the same obligations and restrictions which are applicable to such carrier in the use of other streets of the city. Upon like findings, the council may permit use of such street or part thereof by taxicabs or other public passenger carriers.
66.610(8)(a)(a) If, at the time an ordinance establishing a pedestrian mall is adopted, any property abutting such pedestrian mall or part thereof does not have access to some other street or alley for the delivery or receiving of merchandise or materials, such ordinance shall provide for either:
66.610(8)(a)1.
1. The issuance of special access permits to the affected owners for such purposes; or
66.610(8)(a)2.
2. The designation of the hours or days on which such pedestrian mall may be used for such purposes without unreasonable interference with the use of the mall or part thereof by pedestrians and other authorized vehicles.
66.610(8)(b)
(b) The council may issue temporary permits for closing a pedestrian mall or any part thereof to all vehicular traffic for the promotion and conduct of sidewalk art fairs, sidewalk sales, craft shows, entertainment programs, special promotions and for such other special activities consistent with the ordinary purposes and functions of the pedestrian mall.
66.610(9)
(9) Excess estimated cost; assessment adjustments. 66.610(9)(a)(a) If, after the completion of any pedestrian mall improvement, the commissioner of public works certifies that the actual cost is less than the estimated cost upon which any aggregate assessment is based, such aggregate assessment shall be reduced, subject to
par. (c), by a percentage amount of the excess estimated cost which is equal to the percentage of the estimated cost financed by such aggregate assessment. The city comptroller shall certify to the city treasurer the amount refundable under this subsection.
66.610(9)(b)
(b) If such aggregate assessment has been fully collected, the city treasurer shall refund the excess assessment to the affected property owners on a proportional basis.
66.610(9)(c)
(c) If such aggregate assessment has not been fully collected, the amount of the refundable assessment shall be reduced by a sum determined by the council to be sufficient to cover anticipated assessment collection deficiencies, and the balance, if any, shall be refunded to the affected owners on a proportional basis. The treasurer shall deduct the appropriate amount from instalments due after the receipt of the certificate from the city comptroller.
66.610(10)(a)(a) Concurrently with the submission of the plan, and annually thereafter by June 15 of each year, the city comptroller and the commissioner of public works, with the assistance of a community development advisory body, if any, shall furnish the council with a report estimating the cost of improving, operating and maintaining any pedestrian mall district for the next fiscal year. Under the plan in effect, such report shall include itemized cost estimates of any proposed changes in the plan under consideration by the council and also a detailed summary of the estimated costs chargeable to the following categories:
66.610(10)(a)1.
1. The amount of the annual costs chargeable to the general fund. Such amount may not exceed that amount which the city normally allocates from the general fund for maintenance and operation of a street of similar size and location not improved as a pedestrian mall.
66.610(10)(a)2.
2. The amount of the annual costs chargeable to owners of property in the district who are benefited by such annual mall improvements. The aggregate amount assessed against such owners may not exceed the aggregate benefits accruing to all such assessable property.
66.610(10)(a)3.
3. The amount of the annual costs, if any, to be specially taxed against taxable property in the district. Such amount shall be determined by deducting from the estimated annual costs the amounts under
subds. 1. and
2. and the amount of anticipated rentals received from vendors using pedestrian mall facilities.
66.610(10)(b)
(b) Moneys appropriated and collected for annual pedestrian mall improvement costs shall be credited to a special account. The council may incur such annual costs as it deems necessary, whether or not they have been included in the budget for that fiscal year, except that such nonbudgeted expenditures shall be included in the estimate required under
par. (a) for the next following fiscal year. Any unexpended balances in such special account remaining at the end of a fiscal year shall be carried over to the appropriate category of the estimate required under
par. (a) for the next following fiscal year.
66.610(11)
(11) Nuisances: limitation of liability. 66.610(11)(a)(a) The installation of any furniture, structure or facility or the permitting of any use in a pedestrian mall district under a final plan adopted under this section may not be deemed a nuisance or unlawful obstruction or condition by reason of the location of such installation or use.
66.610(11)(b)
(b) Such installation or use may not cause the city or any person acting under permit to be liable for injury to persons or property in the absence of negligence in the construction, maintenance, operation or conduct of such installation or use.
66.610(12)
(12) Interpretation: amendment and repeal. No action by the council establishing a pedestrian mall or undertaking a pedestrian mall improvement under this section may be construed as a vacation, abandonment or discontinuance of any street or public way. This section may not be construed to prevent the city from abandoning the establishment or operation of a pedestrian mall, changing the extent of a pedestrian mall, amending the description of the district to be assessed or taxed for annual improvement costs, or changing or repealing any limitations on the use of a pedestrian mall by private vehicles or any plan, rule or regulation adopted for the operation of a pedestrian mall.
66.610(13)
(13) Substantial compliance; validity. Substantial compliance with the requirements of this section is sufficient to give effect to any proceedings hereunder and any error, irregularity or informality not affecting substantial justice does not affect the validity of such proceedings.
66.610 Note
NOTE: Chapter 255, laws of 1975, which created this section, contains a statement of legislative findings and public policy.
66.615(1)(1)
Part of street; obstructions. 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; but such sidewalk shall be kept clear for the uses specified herein.
66.615(2)
(2) Grade. In all cases where the grades of sidewalks shall not have been specially fixed by ordinance the sidewalks shall be laid to the established grade of the street.
66.615(3)(a)(a)
Authority of council. The council may from time to time by ordinance or resolution determine where 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.
66.615(3)(b)
(b)
Board of public works. The board of public works may order any sidewalk which is unsafe, defective or insufficient to be repaired or removed and replaced with a sidewalk in accordance with the standard fixed by the council.
66.615(3)(c)
(c)
Notice. A copy of the ordinance, resolution or order directing such laying, removal, replacement or repair shall be served upon the owner, or an agent, of each lot or parcel of land in front of which such work is ordered. The board of public works, or either the street commissioner or the city engineer if so requested by the council, may serve the notice. Service of the notice may be made by:
66.615(3)(c)3.
3. Publication in the official newspaper as a class 1 notice, under
ch. 985, together with mailing by 1st class mail if the name and mailing address of the owner or an agent can be readily ascertained.
66.615(3)(d)
(d)
Default of owner. Whenever any such owner shall neglect for a period of 20 days after such service to lay, remove, replace or repair any such sidewalk the city may cause such work to be done at the expense of such owner. All work for the construction of sidewalks shall be let by contract to the lowest responsible bidder except as provided in
s. 62.15 (1).
66.615(3)(e)
(e)
Minor repairs. If the cost of repairs of any sidewalk in front of any lot or parcel of land does not exceed the sum of $100, the board of public works, street commissioner or city engineer if so required by the council, may immediately repair such sidewalk, without notice or letting the work by contract, and charge the cost thereof to the owner of such lot or parcel of land, as provided in this section.
66.615(3)(f)
(f)
Expense. The board of public works shall keep an accurate account of the expenses of laying, removing and repairing sidewalks in front of each lot or parcel of land whether the work is done by contract or otherwise, and report the same to the comptroller who shall annually prepare a statement of the expense so incurred in front of each lot or parcel of land and report the same to the city clerk, and the amount therein charged to each lot or parcel of land shall be entered by such clerk in the tax roll as a special tax against said lot or parcel of land, and the same shall be collected in all respects like other taxes upon real estate. The council by resolution or ordinance may provide that the expense so incurred may be paid in up to 10 annual instalments and upon such determination, the comptroller shall prepare the expense statement as herein required in such manner and with such frequency as the improved instalment payment schedule allows. If annual instalments for such expense are authorized, the city clerk shall charge the amount to each lot or parcel of land and enter it on the tax roll as a special tax against such lot or parcel each year until all instalments have been entered, and the same shall be collected in all respects like other taxes upon real estate. The council may provide that the street commissioner or city engineer shall perform the duties imposed by this section on the board of public works.
66.615(5)
(5) Snow and ice. The board of public works shall keep the sidewalks of the city clear of snow and ice in all cases where the owners or occupants of abutting lots fail to do so, and the expense of so doing in front of any lot or parcel of land shall be included in the statement to the comptroller required by
sub. (3) (f), and in the comptroller's statement to the city clerk and in the special tax to be levied as therein provided. The city may also impose a fine or penalty for neglecting to keep sidewalks clear of snow and ice.
66.615(6)
(6) Repair at city expense. Whenever the council shall by resolution or ordinance so determine, sidewalks shall be kept in repair by and at the expense of the city, or the council may direct that a certain proportion of the cost of construction, reconstruction or repair be paid by the city and the balance by abutting property owners.
66.615(7)
(7) Rules. The council may from time to time make all needful rules and regulations by ordinance for carrying the aforesaid provisions into effect, for regulating the use of the sidewalks of the city and preventing their obstruction.
66.615(10)
(10) Application of section; definitions. The provisions of this section shall not apply to 1st class cities but shall be applicable to towns and villages, and when applied to towns and villages:
66.615(10)(a)
(a) "Board of public works" means the committee or officer designated to handle street or sidewalk matters.
66.615 Annotation
A city cannot delegate its primary responsibility to maintain its sidewalks, nor delegate or limit its primary liability by ordinance. Kobelinski v. Milwaukee & S. Transport Corp. 56 W (2d) 504, 202 NW (2d) 415.
66.615 Annotation
Defendant property owners' failure to remove snow and ice from sidewalk in violation of municipal ordinance did not constitute negligence per se. Hagerty v. Village of Bruce, 82 W (2d) 208, 262 NW (2d) 102.
66.615 Annotation
City, exercising its police power, can impose special tax on properties for cost of installing sidewalk on adjacent city right-of-way, in absence of showing that properties would be benefited. Stehling v. City of Beaver Dam, 114 W (2d) 197, 336 NW (2d) 401 (Ct. App. 1983).
66.616(1)(1) The standard for construction of curbs and sidewalks on each side of any city or village street, or any connecting highway or town road for which curbs and sidewalks have been prescribed by the governing body of the town, city or village having jurisdiction thereover, shall include curb ramping providing access to crosswalks at intersections and other designated locations. Curb ramping includes the curb opening, the ramp and that part of the sidewalk or apron leading to and adjacent to the curb opening. Any person constructing new curbs or sidewalks or replacing curbs or sidewalks within 5 feet of a legal crosswalk in any city street, village street, connecting highway or town road shall comply with the standards for curb ramping under this section.
66.616(3)
(3) Curb ramps shall conform to the following requirements:
66.616(3)(a)
(a) Curb ramping shall be of permanent construction. The ramp shall be at least 40 inches wide. The sides of the ramp shall slope from the sidewalk or apron elevations to the ramp elevation with the widest portion of the side slope not less than 18 inches nor more than 24 inches wide at the curb. The ramp slope may not exceed one inch vertical to 12 inches horizontal from the flow line elevation of the curb. The curb opening shall be not less than 40 inches nor more than 80 inches wide at the flow line of the curb. The taper of the curb from the top of the curb to the flow line of the curb at the curb opening shall be not less than 18 inches nor more than 24 inches wide. The ramp shall be bordered on both sides and on the curb line with a 4-inch-wide yellow stripe or with brick of a contrasting color.
66.616(3)(b)
(b) Curb ramping shall be in one of the following locations, to provide access to each end of each crosswalk affected:
66.616(3)(b)1.
1. At the center of the curve of the street corner to accommodate crossing for either direction at the intersection. The entire curb corner may not be made into a ramp, but shall provide for standard sidewalk apron and curb on both sides of a ramp. Any safety zone marking required by ordinance shall be provided in the street or town road 40 inches out and parallel with the curb, joining with the standard safety pedestrian crossing markings in the street or town road;
66.616(3)(b)2.
2. If
subd. 1. is not feasible, centered on line with the crosswalk and pedestrian traffic and containing surface texturing to indicate clearly to the sense of touch that the surface differs from that of the sidewalk or street. The surface texturing shall consist of linear impressions one-fourth of an inch to three-eighths of an inch deep, oriented to provide a uniform pattern of diamond shapes. The diamond shapes shall measure approximately 1 1/4 inches wide by 2 1/4 inches long, with the length of the diamond shape parallel to the direction of pedestrian movement. The diamond shapes shall be spaced one-fourth of an inch to three-eighths of an inch apart. This surface texture may be achieved by impressing and removing expanded metal regular industrial mesh into the surface of the ramp while the concrete is in a plastic state; or
66.616(3)(b)3.
3. If both
subds. 1. and
2. are not feasible, at a suitable location as near to the crosswalk as practicable. Any safety zone markings required by ordinance shall be provided in the street or town road 40 inches out and parallel with the curb, joining with the standard safety pedestrian crossing markings in the street or town road.
66.616(5)
(5) The district attorney, on his or her own motion or upon the complaint of any person, may bring an action in circuit court to enforce this section.
66.616(6)
(6) If any person constructs a new or replacement sidewalk or curb, other than the town, city or village with jurisdiction over the curbs or sidewalks, the town, city or village shall inform the person of the requirements of this section. The town, city or village may agree to construct, or bear the cost of constructing, curb ramping required to provide access to sidewalks opposite the new or replacement curb or sidewalk.
66.62
66.62
Special assessments. 66.62(1)(1) Except as provided in
s. 66.60 (6m), in addition to other methods provided by law, the common council of any 2nd, 3rd or 4th class city, a village board or a town board may, by ordinance, provide that the cost of installing or constructing any public work or improvement shall be charged in whole or in part to the property benefited thereby, and to make an assessment against such property in such manner as such council or board determines. Such special assessment shall be a lien against the property from the date of the levy.
66.62(2)
(2) Every such ordinance shall contain provisions for reasonable notice and hearing. Any person against whose land a special assessment is levied under any such ordinance shall have the right to appeal therefrom in the manner prescribed in
s. 66.60 (12) within 40 days of the date of the final determination of the governing body.
66.62 History
History: 1983 a. 532;
1989 a. 322.
