98-1195ORDINANCE NO. 98-1195
An ordinance amending City Ordinance 12.08.090, prohibiting the display or storage of merchandise
or personal property on any sidewalk to allow the display of merchandise and personal property if it
meets specified criteria, with penalties for violations thereof and injunctive relief as set forth in
Janesville General Ordinance Section 12.08.120 and this section.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Section 12.08.090 of the Code of General Ordinances of the City of Janesville is hereby
amended to read as follows:
"12.08.090 Merchandise or Personal Property on Sidewalks Forbidden
Unless expressly authorized to do so by the Council, no person shall use the sidewalk, or any part thereof,
for the display of merchandise or the storage of any merchandise or other personal property. The only
exception to this provision, is that storage of merchandise or other personal property shall be allowed
provided that it meets all of the below enumerated conditions. The following exception to the above
prohibition shall apply, notwithstanding Janesville General Ordinance Chapter 5.20 or herein to the
contrary:
1. The property is located in the B5 (Central Business) and B6 (Central Service) zoning districts in
the City.
2. No person shall obstruct or impede the pedestrian right-of-way of any paved public sidewalk with
any merchandise or personal property, except as provided herein. Merchandise shall be located
adjoining the building it is marketed from and shall not encroach more than 30" from the building
facade and in all cases, the unobstructed sidewalk area must be a minimum of five contiguous feet
(5') in width and comply with ADA requirements, as from time to time amended.
3. Displayed merchandise shall be consistent to that sold within the business and shall no include food
or beverage items.
4. Displayed merchandise or personal property must be removed each day following the close of
business, but in no event shall the merchandise be permitted outdoors between the hours of 6:00
p.m. and 7:00 a.m. nightly.
5. Displaying merchandise or personal property on a paved sidewalk shall constitute express
permission of the property and/or business owner for the City to take corrective, remedial and
removal action(s). The City may also prosecute violations of this ordinance and seek injunctive
relief, from time to time and at any time.
6. The cost of such correction, remediation, and/or removal shall be paid by the owner.
7. The property and business owners are jointly and severally liable for any and all injury to any
person or property directly and/or indirectly caused by their joint or several negligence and/or
activities occurring on the paved sidewalk under this ordinance."
ADOPTED: July 27, 1998
APPROVED:
Steven E. Sheiffer, City Manager
ATTEST:
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Waldemar Klimczyk, City Attomey
Proposed by: Public Works Administration
Prepared by: Management Assistant
MOTION BY: Noll
SECOND BY: Schneider
COUNCILMEMBER AYE NAY PASS ABSENT
WESTPHAL X
MURPHY X
STEHURA X
BRIEN X
O'LEARY X
NOLL X
SCHNEIDER X