M U N I C I P A L C O D E
TOWN OF UNION
EAU CLAIRE COUNTY, WISCONSIN
ORIGINALLY ADOPTED APRIL 7, 2011
TABLE OF CONTENTS
TABLE OF CONTENTS
REVISION HISTORY LOG.......................................................................... 5
TITLE I - POLICY AND ADMINISTRATION.................................................. 6
CHAPTER 1 - GENERAL PROVISIONS........................................................ 6
ARTICLE 1 - MUNICIPAL CODE.................................................................. 6
ARTICLE 2 - VILLAGE POWERS.................................................................11
ARTICLE 3 - TOWN MEETINGS .................................................................12
ARTICLE 4 - CODE ENFORCEMENT...........................................................13
CHAPTER 2 - TOWN BOARD CHAIRPERSON AND BOARD.....................................34
ARTICLE 1 - TOWN BOARD CHAIRPERSON ...................................................34
ARTICLE 2 - TOWN BOARD..........................................................................35
CHAPTER 3 - ADMINISTRATION............................................................. 36
ARTICLE 1 - TOWN ADMINISTRATOR ................................................................ 36
ARTICLE 2 - CLERK .............................................................................. 37
ARTICLE 3 - LEGAL SERVICES................................................................. 38
ARTICLE 4 - PURCHASING ...................................................................... 40
ARTICLE 5 - PROPERTY MANAGEMENT AND INSURANCE.............................. 41
ARTICLE 6 - ADMINISTRATIVE ASSISTANT................................................ 42
ARTICLE 7 - RECORDS MANAGEMENT...................................................... 43
CHAPTER 4 - FINANCE............................................................................ 45
ARTICLE 1 - GENERAL PROVISIONS.......................................................... 45
*SECTION 1 - AMBULANCE SERVICE................................................. 47
*SECTION 2 - REFUND OF TAX OVERPAYMENTS................................ 48
ARTICLE 2 - TREASURER....................................................................... 50
ARTICLE 3 - BUDGETING ........................................................................ 51
ARTICLE 4 - ACCOUNTING, AUDITING AND FINANCIAL REPORTING ............... 52
ARTICLE 5 - PUBLIC DEPOSITORIES AND INVESTING................................... 53
ARTICLE 6 - ASSESSING.......................................................................... 55
ARTICLE 7 - BOARD OF REVIEW.............................................................. 56
ARTICLE 8 - ROOM TAX.......................................................................... 57
ARTICLE 9 - DELINQUENT TAXES.............................................................. 62
December 10, 2012
Page 1
CHAPTER 5 - PERSONNEL...................................................................... 63
ARTICLE 1 -PERSONNEL MANUAL............................................................ 63
ARTICLE 2 - ETHICS CODE...................................................................... 64
CHAPTER 6 - ELECTIONS........................................................................ 69
ARTICLE 1 - GENERAL PROVISIONS.......................................................... 69
ARTICLE 2 - WARDS AND POLLING PLACES................................................ 70
ARTICLE 3 - ELECTION PROCEDURES........................................................ 71
ARTICLE 4 - ELECTION OFFICIALS .......................................................... 72
ARTICLE 5 - ELECTRONIC VOTING .......................................................... 73
TITLE 2 - COMMUNITY PROTECTION.......................................................74
DIVISION 1 - LAW ENFORCEMENT............................................................74
CHAPTER 1 - PUBLIC OFFENSES..............................................................74
ARTICLE 1 - PUBLIC PEACE AND MORALS.................................................. 74
ARTICLE 2 - PUBLIC HEALTH AND SAFETY................................................ 77
ARTICLE 3 - PROPERTY.......................................................................... 82
ARTICLE 4 - NUISANCES......................................................................... 84
CHAPTER 2 - VEHICLES AND TRAFFIC................................................... 88
ARTICLE 1 - GENERAL PROVISIONS.......................................................... 88
ARTICLE 2 - GENERAL REGULATIONS....................................................... 90
ARTICLE 3 - SPEED REGULATIONS........................................................... 96
ARTICLE 4 - STOP AND YIELD REGULATIONS............................................. 97
ARTICLE 5 - PARKING............................................................................. 98
ARTICLE 6 - ALL TERRAIN VEHICLES AND SNOWMOBILES.......................... 109
CHAPTER 3 - ANIMAL CONTROL.............................................................113
ARTICLE 1 - ANIMAL CONTROL REGULATIONS...........................................113
CHAPTER 4 - BUILDINGS AND CONSTRUCTION.................................................131
ARTICLE 1 - BUILDING CODE.................................................................. 131
ARTICLE 2 - HOUSING CODE.................................................................. 133
CHAPTER 5 - TOWN CONSTABLE...........................................................156
ARTICLE 1 - GENERAL PROVISIONS......................................................... 156
CHAPTER 6 - WATER CRAFT................................................................. 157
ARTICLE 1 - GENERAL PROVISIONS......................................................... 157
TITLE 2 - COMMUNITY PROTECTION........................................................159
DIVISION 2 - FIRE SAFETY.....................................................................159
CHAPTER 1 - FIRE WARDEN...................................................................159
ARTICLE 1 - GENERAL PROVISIONS......................................................... 159
CHAPTER 2 - TOWNSHIP FIRE DEPARTMENT, INC.................................160
ARTICLE 1 - GENERAL PROVISIONS......................................................... 160
CHAPTER 3 - FIRE REGULATIONS...........................................................161
December 10, 2012
Page 2
ARTICLE 1 - GENERAL PROVISIONS......................................................... 161
TITLE 2 - COMMUNITY PROTECTION.....................................................169
DIVISION 3 - EMERGENCY SERVICES.....................................................169
CHAPTER 1 - MANAGEMENT OF EMERGENCIES.................................... 169
ARTICLE 1 - EMERGENCY POWERS ........................................................ 169
ARTICLE 2 - AUXILIARY POLICE............................................................. 170
ARTICLE 3 - CONTINUITY OF GOVERNMENT ............................................. 171
CHAPTER 2 - EMERGENCY MEDICAL SERVICES.....................................172
TITLE 3 - COMMUNITY ENVIRONMENT..................................................173
CHAPTER 1 - BUSINESS REGULATIONS..................................................173
ARTICLE 1 - BEER AND LIQUOR CONTROL............................................... 173
ARTICLE 2 - ADULT ENTERTAINMENT REGULATIONS................................. 176
ARTICLE 3 - CABLE TELEVISION............................................................. 188
ARTICLE 4 - CIGARETTE AND AMUSEMENT MACHINES.............................. 195
ARTICLE 5 - MOBILE HOMES, MOBILE HOME PARKS AND MOBILE
HOME FEES....................................................................... 197
ARTICLE 6 - DIRECT SELLERS............................................................... 206
ARTICLE 7 - SOLID WASTE COLLECTION AND LANDFILLS............................ 213
ARTICLE 8 - JUNKED OR UNLICENSED VEHICLES, MACHINERY AND PARTS
THEREOF.......................................................................... 217
ARTICLE 9 - RECYCLING CENTER........................................................... 218
ARTICLE 10 - MOTOR VEHICLE SALVAGE YARD........................................ 222
ARTICLE 11 - FEES AND LICENSES.......................................................... 226
CHAPTER 2 - PARKS AND RECREATION.................................................227
ARTICLE 1 - PARKS AND FORESTS......................................................... 227
TITLE 4 - PUBLIC WORKS...................................................................... 231
CHAPTER 1 - DEPARTMENT OF PUBLIC WORKS.................................... 231
ARTICLE 1 - GENERAL PROVISIONS......................................................... 231
CHAPTER 2 - STREETS.......................................................................... 232
ARTICLE 1 - STREET REGULATIONS........................................................ 232
ARTICLE 2 - BUILDING NUMBERING........................................................ 237
ARTICLE 3 - NAMING OF STREETS ......................................................... 238
ARTICLE 4 - VACATION AND DISPOSAL.................................................... 239
ARTICLE 5 - STREET CONSTRUCTION AND SUBDIVISION REVIEW ................. 240
ARTICLE 6 - STREET LIGHTING.............................................................. 244
ARTICLE 7 - DRIVEWAYS AND SIDEWALKS............................................... 245
CHAPTER 3 - ENGINEERING ................................................................. 247
CHAPTER 4 - LAND USE........................................................................ 248
December 10, 2012
Page 3
ARTICLE 1 - PLAN COMMISSION............................................................ 248
ARTICLE 2 - SUBDIVISION CODE........................................................... 259
ARTICLE 3- VARIANCES...................................................................... 281
FEE SCHEDULE.................................................................................... 286
BUILDING AND INSPECTION FEES SCHEDULE....................................... 288
December 10, 2012
Page 4
REVISION HISTORY LOG
Date Page Section # Change
December 10, 2012
Page 5
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 1 - GENERAL PROVISIONS
ARTICLE 1 - MUNICIPAL CODE
1-1.0105 TITLE AND CREATION. Pursuant to the provisions of Sec. 66.035
of the Wisconsin Statutes, there is hereby created a Code of General Ordi-
nances of the Town. Said Code of Ordinances shall be known and may be cited
as the Municipal Code of the Town of Union.
1-1.0110 CODIFICATION. All Town General Ordinances shall be numeri-
cally codified except where specifically stated or when no code number is given.
All ordinances which amend, repeal or in any manner affect the Municipal
Code shall include proper reference to title, division, chapter, article, section
and subsection to maintain an orderly codification of the ordinances of the
Town.
1-1.0115 DEFINITIONS.
A. The following words and phrases, whenever used in the resolutions
or ordinances of the Town or in this Municipal Code, shall be construed or
defined as provided in this section unless, from the context, a different mean-
ing is intended or unless a different meaning is specifically defined or more
particularly directed to the use of such words and phrases:
1. "Board" means the Town Board of Supervisors of the Town of
Union.
2. “Chair” means the Town Board Chairperson.
3. “Clerk” means the Town Clerk.
4. "Code or Municipal Code" means the Code of General Ordi-
nances of the Town.
5. "Constable" shall mean an elected or appointed constable or
police officer of the Town of Union.
6. "County" means the County of Eau Claire, Wisconsin.
7. "Keeper and Proprietor" shall include persons, firms, associ-
ations, corporations, clubs and co-partnerships, whether acting by
themselves or by a servant, agent or employee.
December 10, 2012
Page 6
8. "Law" means any of the following which may be applicable:
a. The Constitution of the United States
b. The Constitution of the State of Wisconsin
c. Federal law
d. State Statute
e. Federal Regulation
f. State Administrative Regulation
g. County Ordinance
h. Ordinances or resolutions of the Town
9. "May" shall be permissive.
10. "Month" shall mean a calendar month.
11. "Must” and “Shall" each shall be mandatory.
12. "Oath" includes an affirmation or declaration in all cases in
which by law an affirmation may be substituted for an oath in which and
in such cases the words swear and sworn shall be equivalent to the
words affirm and affirmed.
13. "Or" may be read "and" and "and" may be read "or" if the
sense requires it.
14. "Owner", applied to a building, land or personal property and
includes any part owner, marital property owner, joint owner, tenant in
common or joint tenant of the whole or part, or lessee for one year or
more, of such building, land or personal property.
December 10, 2012
Page 7
15. "Personal Property" includes every species of property except
real property as herein defined.
16. "Preceding and Following" shall mean next before and next
after respectively.
17. "Property" includes real and personal property.
18. "Real Property" includes lands, tenements, buildings and
other land improvements.
19. "Sidewalk" means that portion of a street between the curb
line and the adjacent property line intended for the use of pedestrians.
20. “Statute” or “Statutes” or “Wis. Stats.” refers to the Wiscon-
sin Statutes.
21. "Street,” “Road" and “Highway” includes all public ways,
roads, streets, highways, avenues, boulevards, drives, alleys, courts,
places, squares, curbs, bridges and approaches thereto within the Town.
22. "Town" means the Town of Union in Eau Claire County,
Wisconsin, the area within the limits of the Town and such territory
outside of the Town over which the Town has jurisdiction or control by
virtue of any statutory provision.
23. “Treasurer” means the Town Treasurer.
24. "Written” and “Writing" shall include all means of preserving
physical or electronic data which can be read by a literate person fluent
in the English language.
25. "Year" means a calendar year.
B. All words and phrases shall be construed and understood accord-
ing to the common and approved usage of the language. The technical words
and phrases and such others as may have acquired a peculiar and appropriate
meaning in the law shall be construed and understood according to such
peculiar and appropriate meaning.
C. When an act is required by an ordinance or resolution, the same
being such that it may be done as well by an agent as by the principal, such
December 10, 2012
Page 8
requirement shall be construed as to include all such acts performed by an
authorized agent of the principal.
1-1.0120 RULES OF CONSTRUCTION. The following rules of construction
and interpretation shall apply in the interpretation and application of ordi-
nances and resolutions of the Town unless the context requires otherwise:
A. GENDER. The masculine gender includes the feminine and neuter
genders and visa versa.
B. The repeal of an ordinance or resolution shall not effect any
punishment or penalty incurred before the repeal took effect nor any suit,
prosecution or proceeding pending at the time of the repeal for an offense
committed under the ordinance or resolution repealed.
C. Titles of chapters, sections or paragraphs are for information only,
and are not a substantive part of the ordinance.
1-1.0125 SEVERABILITY. The titles, chapters, articles, sections, subsec-
tions, paragraphs, sentences, clauses and words of this code are severable and
if any word, clause, sentence, paragraph, subsection, section, article, chapter
or title of this code shall be declared unconstitutional or invalid for any reason
by valid judgment or decree of any court of competent jurisdiction. Such
unconstitutionality or invalidity shall not affect any of the remaining words,
clauses, sentences, paragraphs, subsections, sections, articles, chapters and
titles of this code since the same would have been enacted by the Board
without the incorporation into this code of any such unconstitutional or invalid
word, clause, sentence, paragraph, subsection, section, article, chapter or title.
1-1.0130 RIGHT OF ENTRY. Whenever necessary to make an inspection to
enforce any ordinance or resolution or whenever there is reasonable cause to
believe there exists an ordinance or resolution violation in any building or upon
any property or upon any premises within the Town on which the Town has
jurisdiction, any authorized official of the Town may, upon presentation of
proper credentials, enter such building or premises or property at all reason-
able times to inspect the same or to perform any duty imposed upon him by
ordinance provided that except in emergency situations or when consent of the
owner or occupant if they can be located after reasonable effort, 24 hours
written notice of the authorized official's intention to inspect. The notice
transmitted to the owner or occupant shall state that the owner or occupant
has the right to refuse entry and that in such event entry is refused, legal
action including the issuance of a search warrant may be pursued by the
authorized official. In the event the owner or occupant refuses entry upon
such request after such request has been made, the official is empowered to
seek assistance in the form of appropriate legal action from any Court or
competent jurisdiction in obtaining such entry.
December 10, 2012
Page 9
1-1.0135 ALTERING CODE. It shall be a violation of this code for any
person to change or amend by additions or deletions any part or portion of the
Municipal Code or to insert or delete pages or portions thereof or to alter or
tamper with the Municipal Code in any manner whatsoever which will cause
the law of the Town to be misrepresented thereby.
1-1.0140 ENACTING CLAUSE. The enacting clause of all ordinances of the
Town shall be "be it ordained by the Town Board of the Town of Union as
follows (or that):." The enacting clause of any resolution of the Board shall be
"be it resolved by the Town Board of the Town of Union that (or as follows):."
1-1.0145 OFFICIAL NEWSPAPER. The Leader-Telegram published in the
City of Eau Claire and serving the west-central Wisconsin region is designated
as the official newspaper of the Town.
December 10, 2012
Page 10
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 1 - GENERAL PROVISIONS
ARTICLE 2 - VILLAGE POWERS
1-1.0205 VILLAGE POWERS EXERCISED. It is declared that the Town
Board, pursuant to the authority granted to it and reaffirmed by the annual
meetings of the Town, shall exercise all powers relating to villages and con-
ferred upon village Boards consistent with Sec. 60.18(12) of the Wisconsin
Statutes.
December 10, 2012
Page 11
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 1 - GENERAL PROVISIONS
ARTICLE 3 - TOWN MEETINGS
(Reserved for Future Use)
December 10, 2012
Page 12
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 1 - GENERAL PROVISIONS
ARTICLE 4 - CODE ENFORCEMENT
1-1.0405 PURPOSE. The purpose of this article is to provide for a modern
means for the effective enforcement of the provisions of the Municipal Code.
1-1.0410 WARNING OR CITATION. Whenever a public official or employee,
who is charged with enforcing all or part of the Municipal Code, has knowledge
or reasonable cause to believe that a person has violated any of the provisions
of the Municipal Code, such official or employee may, at his discretion, give
such person an oral or written warning of the violation or may issue a citation,
without arresting the person, as provided for in this article.
1-1.0415 JURISDICTION OVER JUVENILES.
A. The Eau Claire County Circuit Court shall have concurrent
jurisdiction with the Juvenile Court in proceedings against minors ages 14 or
older for violations of the Municipal Code.
B. Warnings and citations issued under this article may be issued to
minors in such cases as adults may be warned or cited for the same offense.
C. If a warning or citation is issued to a minor under this article, a
letter from the issuing official or employee together with a copy of such warning
or citation shall be sent within seven days to the minor's parent or guardian.
D. If a court finds that the minor violated a law punishable by forfei-
ture or violated the Municipal Code, it may enter any of the dispositional orders
permitted by law.
1-1.0420 JUVENILE CASE FOLLOW-UP. If a violation of the Municipal Code
is committed by a minor under the age of 14, the enforcement official involved
shall notify the minor's parent or guardian and may notify the County Director
of Children's Court Services of the nature and details of the incident.
1-1.0425 GENERAL ENFORCEMENT POWERS. Notwithstanding the
provisions of this article, nothing in this article shall be construed to limit the
authority of the Chair or Board, on behalf of the Town, to take such legal action
as they may deem necessary to enforce the provisions of the Municipal Code
and all other ordinances and resolutions of the Town. The issuance under this
article of a warning or a citation shall not preclude the proceeding under any
other ordinance, resolution or law relating to the same or any other matter.
December 10, 2012
Page 13
1-1.0430 ISSUANCE OF CITATIONS.
A. The Chair and any Supervisor designated by the Chair may and
are hereby authorized to issue citations for enforcement of any section or
portion of the Municipal Code enumerated in Section 1-1.0460.
B. The following officials of the Town are hereby authorized to issue
citations for the enforcement of those portions of the Municipal Code specified
hereunder which are directly related to their official responsibilities provided
that the specific section or portion to be enforced is enumerated under Section
1-1.0460:
Enforcement Official Municipal Code Reference
Clerk Chapter 6 of Title 1 entitled "Elections"
Animal Control Officer Article 2 of Chapter 3 of Division 1 of Title
2 entitled "Animal Control Regulations"
Chief, any Deputy Chief Chapter 3 of Division 1 of Title 2 entitled
or Chief Inspector, "Fire Regulations"
Township Fire Department, Inc.
The Sheriff, any Deputy Title 3, Chapter 2 - entitled “Parks and
Sheriff of Eau Claire County Recreation
and any other Park Warden
appointed by the Town
Board
C. Delegation of authority to issue citations under this section shall
not be permitted.
1-1.0435 CITATION FORMAT AND PROCEDURE.
A. The citation shall contain the following:
1. The name and address of the alleged violator.
December 10, 2012
Page 14
2. Factual allegations describing the alleged violation.
3. The time and place of the offense.
4. The section of the Municipal Code violated.
5. A designation of the offense in such a manner as can readily
be understood by a person making a reasonable effort to do so.
6. The time at which the alleged violator may appear in court.
7. A statement which in essence informs the alleged violator:
(a) That a cash deposit based on the schedule established
in Section 1-1.0460 may be made and delivered or mailed to the
Clerk prior to the time of the scheduled court appearance;
(b) That if a cash deposit is made, no appearance in court
is necessary unless subsequently summoned;
(c) That if a cash deposit is made and the alleged violator
does not appear in court, the nonappearance will be deemed a plea
of no contest for which a forfeiture and a penalty assessment
imposed by Section 165.87 of the Statutes not to exceed the
amount of the deposit submitted; or in the event that the court
does not accept the plea of no contest, a summons will be issued
ordering the alleged violator to appear in court to answer the
complaint; and
(d) That if no cash deposit is made and the alleged violator
does not appear in court at the time specified, an action may be
commenced to collect the forfeiture and the penalty assessment
imposed by Section 165.87 of the Statutes up to the maximum
permitted by law.
8. A direction that if the alleged violator elects to make a cash
deposit, the statement which accompanies the citation shall be signed to
indicate that the statement required under item number 7 above has
been read. Such statement shall be sent or brought with the cash
deposit.
December 10, 2012
Page 15
B. The provisions of Section 66.0111 of the Statutes relating to
violators options and procedures on default are hereby adopted and incorpo-
rated herein by reference.
1-1.0438 PARTIES TO A VIOLATION.
A. Whoever is concerned in the commission of a violation of the
Municipal Code for which a forfeiture is imposed is a principal and may be
charged with and convicted of the violation although he or she did not directly
commit it and although the person who directly committed it has not been
convicted of the violation.
B. A person is concerned in the commission of the violation if the
person:
1. Directly commits the violation;
2. Aids and abets the commission of it; or
3. Is a party to a conspiracy with another to commit it or
advises, hires or counsels or otherwise procures another to commit it.
1-1.0440 DISTINCTION BETWEEN OFFENSES. Unless otherwise specified,
each day or occurrence of a violation of the Municipal Code shall be deemed a
separate offense.
1-1.0445 CITIZEN COMPLAINTS.
A. Whenever a person has a complaint that another person has or is
violating a provision of the Municipal Code and the enforcement official in-
volved does not have sufficient information to reasonably believe that such
offense has or is being committed, without the statement of the complainant,
the enforcement official shall request that the complainant execute and file
with the Town a written complaint on a form to be provided by the Town.
B. If the written complaint provides the enforcement official with the
reasonable information he requires, he may then, at his discretion, issue a
warning or citation or institute other legal action as appropriate.
C. Each person filing a formal written complaint shall be responded to
as soon as is practical as to the disposition of the complaint.
December 10, 2012
Page 16
1-1.0450 OFFENSE REPORTS.
A. Each enforcement official designated in Section 1-1.0430 shall
prepare, sign and file with the Town for placement in the filing system estab-
lished under Section 1-3.0705, an offense report for each code enforcement
case handled by him regardless of whether a citation was issued.
B. Each report shall contain the following information, when avail-
able, and shall be on a form provided by the Town:
1. Name, address and telephone number of complainant.
2. Name, address, date of birth and description of violator
including driver's license number.
3. Type and nature of offense or incident including the time,
date, day of week and location of occurrence and a summary thereof.
4. When and by what means the complaint was received.
5. Case number.
6. Number of official warning or citation.
C. A copy of all offense reports shall be filed in the filing system
established for enforcement matters.
1-1.0455 INCIDENT REPORTS BY MONTH AND YEAR.
A. By the first of each month the Clerk shall prepare for the Board an
Incident Report for the month previous to the month then ending showing a
summary of all enforcement activity including hours and mileage and the
nature and disposition of all cases, complaints, official warnings and citations
including deposits collected.
B. By March 1 of each year the Clerk shall prepare for the Board and
the Attorney an Incident Report for the previous calendar year showing a
summary of all enforcement activity including hours and mileage and the
nature and disposition of all cases, complaints, official warnings and citations
December 10, 2012
Page 17
including deposits collected.
C. A condensed version of the Annual Incident Report provided by
Paragraph B above shall be prepared by March 1 of each year for placement
with appropriate narrative in the Town Annual Report.
D. A copy of all Incident Reports shall be filed in the filing system
established for enforcement matters.
1-1.0460 SCHEDULE OF DEPOSITS.
A. All deposits under this section shall be made in cash, money order
or certified check to the Clerk of Circuit Courts for Eau Claire County, who
shall provide a receipt therefor.
B. The following schedule of cash deposits required for various
municipal code violations and for the penalty and assessment imposed by
Section 165.87 of the Statutes is established for use with citations issued
under this article:
MUNICIPAL
CODE
REFERENCE OFFENSE DEPOSIT
1-4.0850 Tax and Auditing Class B - 400.00
1-5.0240 Ethics Class C - 100.00
2.1-1.0105 Assault Class D - 75.00
2.1-1.0110 Harassment Class D - 75.00
2.1-1.0115 Willful Disturbance Class D - 75.00
2.1-1.0120 Disorderly Conduct Class D - 50.00
MUNICIPAL
CODE
December 10, 2012
Page 18
REFERENCE OFFENSE DEPOSIT
2.1-1.0125 Riot Class C - 100.00
2.1-1.0130 Unlawful Assembly Class D - 50.00
2.1-1.0135 Terrorism Class C - 100.00
2.1-1.0140 Indecent Exposure Class C - 100.00
2.1-1.0145 Juvenile Drinking Class D - 25.00
2.1-1.0150 Juvenile Loitering Class D - 25.00
2.1-1.0205 Spitting Class D - 25.00
2.1-1.0210 Sale of Tainted Food Class D - 75.00
2.1-1.0212 Distributing Dangerous
Substances Class C - 100.00
2.1-1.0214 Making a False Report Class C - 200.00
2.1-1.0215 False Report of Destructive
Substance Class C - 200.00
2.1-1.0218 Impersonating a Public Official
or Employee Class C - 100.00
2.1-1.0220 Interference with Official Acts Class C - 100.00
2.1-1.0222 Refusing to Assist Officer Class D - 50.00
2.1-1.0224 Harassment of Public Officers
and Employees Class D - 50.00
MUNICIPAL
CODE
December 10, 2012
Page 19
REFERENCE OFFENSE DEPOSIT
2.1-1.0225 Abandoned or Unattended
Refrigerators Class D - 50.00
2.1-1.0228 Reckless Use of Fire or
Explosives Class C - 200.00
2.1-1.0230 Antenna and Radio Wires Class D - 25.00
2.1-1.0232 Barbed Wire Class D - 50.00
2.1-1.0234 Throwing and Shooting Class D - 50.00
2.1-1.0235 Carrying Weapons Class D - 75.00
2.1-1.0238 Discharging Weapons Class D - 75.00
2.1-1.0240 Fireworks Class D - 50.00
2.1-1.0305 Defacing Public Grounds Class D - 25.00
2.1-1.0310 Injuring Pavement Class D - 25.00
2.1-1.0315 Defacing Proclamations or
Notices Class D - 25.00
2.1-1.0320 Injury to Fire Apparatus Class C - 100.00
2.1-1.0325 Public Buildings Class D - 50.00
2.1-1.0330 Obstructing Drainage Class D - 50.00
2.1-1.0340 Vandalism Class D - 75.00
MUNICIPAL
December 10, 2012
Page 20
CODE
REFERENCE OFFENSE DEPOSIT
2.1-1.0345 Trespassing Class D - 25.00
to 100.00
2.1-1.0350 Theft Class D - 75.00
2.1-1.0355 Littering Class D - 25.00
to 100.00
2.1-1.0410 Public Nuisances Prohibited Class C - 100.00
to 250.00
2.1-2.0125 Traffic Lanes Class D - 25.00
2.1-2.0205 Walking in Street Class E - 10.00
2.1-2.0210 Use of Sidewalks Class E - 10.00
2.1-2.0215 Hitchhiking Class E - 20.00
2.1-2.0216 Pedestrian Crossing Class E - 10.00
2.1-2.0217 Use of Crosswalks Class E - 10.00
2.1-2.0218 Pedestrians Right-of-Way Class D - 25.00
2.1-2.0220 Pedestrians Prohibited on
Interstate 94 Class D - 25.00
2.1-2.0222 White Canes Restricted to
Blind Pedestrians Class D - 25.00
2.1-2.0224 Duty of Drivers with Regard
to Blind Pedestrians Class D - 25.00
December 10, 2012
Page 21
MUNICIPAL
CODE
REFERENCE OFFENSE DEPOSIT
2.1-2.0225 Temporary Embargo Class C - 150.00
2.1-2.0228 Tampering with Vehicles Class C - 100.00
2.1-2.0230 Moving Other Vehicles Class D - 50.00
2.1-2.0232 Unattended Motor Vehicles Class D - 50.00
2.1-2.0234 Excessive Tire Noise Class D - 50.00
2.1-2.0235 Quiet Zones Class D - 25.00
2.1-2.0238 Funeral or Other Procession Class D - 25.00
2-1.2.0240 Vehicles on Sidewalks Class D - 25.00
2.1-2.0242 Clinging to Vehicles Class D - 75.00
2.1-2.0244 Mufflers Class D - 25.00
2.1-2.0245 Recreational Vehicles Restricted Class D - 25.00
2.1-2.0248 Operation of Licensed Vehicles
Restricted on Public Property Class D - 25.00
2.1-2.0250 Traffic Code Applies to Bicycles Class D - 25.00
2.1-2.0252 Double Riding Restricted Class E - 10.00
2.1-2.0254 Place of Riding Bicycle Class E - 10.00
2.1-2.0255 Bicycle Paths Class E - 10.00
December 10, 2012
Page 22
MUNICIPAL
CODE
REFERENCE OFFENSE DEPOSIT
2.1-2.0260 Bicycle Emerging from Alley
or Driveway Class E - 10.00
2.1-2.0262 Carrying Articles Class E - 10.00
2.1-2.0264 Riding on Sidewalks Class E - 10.00
2.1-2.0265 Bicycles Clinging to Other
Vehicles Class D - 25.00
2.1-2.0268 Bicycles Prohibited on
Interstate Highway Class D - 25.00
2.1-2.0270 Reckless Operation of Bicycles Class D - 25.00
2.1-2.0272 Parking of Bicycles Class E - 10.00
2.1-2.0274 Equipment Requirements for
Bicycles Class E - 10.00
2.1-2.0515 Schedule of Parking Fines Class E - 5.00
To 25.00
2.1-2.0530 Impounding Vehicles Class D - 25.00
2.1-2.0535 Park Adjacent to Curb Class D - 25.00
2.1-2.0540 Parking for Certain Purposes
Illegal Class D - 25.00
2.1-2.0545 Parking Prohibited Class D - 25.00
2.1-2.0550 Handicapped Parking Class C - 100.00
To 250.00
December 10, 2012
Page 23
MUNICIPAL
CODE
REFERENCE OFFENSE DEPOSIT
2.1-2.0555 No Parking Zones Class D - 25.00
2.1-2.0560 Parking Continuously in One Place
for more than 72 Hours Prohibited Class D - 25.00
2.1-2.0562 Snow Removal Class D - 25.00
2.1-2.0568 Street Maintenance Class D - 25.00
2.1-2.0570 Parking in Driveways Class D - 25.00
2.1-2.0572 Parking Heavy Vehicles
Prohibited Class D - 25.00
2.1-2.0574 Unlawful Removing of Parking
Notices and Citations Class D - 25.00
2.1-2.0575 Abandonment of Vehicles
Prohibited Class D - 25.00
2.1-2.0645 All Terrain Vehicles and Snowmobiles Class D - 25.00
To 100.00
2.1-3.0198 Animal Control Violation Class C - 100.00
To 250.00
2.1-4.0155 Violation of Building Code Class C - 100.00
To 250.00
2.1-4.0290 Violation of Housing Code Class C - 100.00
To 250.00
2.2-3.0175 Fire Prevention Code Violations Class C - 100.00
To 250.00
December 10, 2012
Page 24
MUNICIPAL
CODE
REFERENCE OFFENSE DEPOSIT
3-1.0155 Alcohol License Holder Closing Hours Class D - 25.00
To 100.00
3-1.0280 Adult Entertainment Regulations Class C - 100.00
To 250.00
3-1.0530 Mobile Homes Outside of Parks Class E - 5.00
To 25.00
3-1.0650 Direct Sellers Class D - 25.00
To 100.00
3-1.0675 Violating Hauler License Class A - 500.00
To 1,000.00
3-1.0793 Depositing Yard Waste in Landfill
1 Offense within 1 year Class E - 10.00
st
To 25.00
2 Offense within 1 year Class D - 25.00
nd
To 50.00
3 Offense within 1 year Class D - 50.00
rd
To 100.00
4 or more Offense within 1 year Class C - 100.00
th
To 250.00
3-1.0795 Landfill without Permission Class C - 100.00
To 250.00
3-1.0945 Recycling without Permit Class D - 25.00
To 100.00
3-1.1055 Operating a Motor Vehicle Salvage Yard
without License Class A - 500.00
To 1,000.00
December 10, 2012
Page 25
MUNICIPAL
CODE
REFERENCE OFFENSE DEPOSIT
3-2.0195 Park Violations Class C - 100.00
To 250.00
4-2.0110 Fires in Streets Class D - 25.00
4-2.0125 Street Obstruction without Warning Class D - 50.00
Lights
4-2.0135 Street Obstruction Class D - 25.00
Vegetation Overgrowth Class E - 10.00
Snow Obstruction Class D - 25.00
4-2.0140 Failure to Shovel Class D - 25.00
4-2.0145 Injure or Tearing Up Pavement Class A - 500.00
To 1,000.00
4-2.0710 Unlawful Driveway Class C - 100.00
To 250.00
4-2.0705 Unlawful Sidewalk Class C - 100.00
To 250.00
1-1.0462 RANGES FOR DEPOSITS. Wherever a deposit range is provided in
Section 1-1.0460, enforcement officials shall have the discretion to select a
deposit within the range as provided.
1-1.0464 SECTION NOTATIONS. For the purpose of easy reference, each
section of the Municipal Code enumerated specifically under one of the offense
classifications provided in Section 1-1.0465 shall have such class noted in
parenthesis following the section. Each section for which a citation deposit or
deposit range is provided in Section 1-1.0460 shall have such deposit amount
or range noted in parenthesis following the section.
December 10, 2012
Page 26
1-1.0465 CLASSIFICATION OF OFFENSES; FORFEITURES.
A. The penalty for violation of any provision of the Municipal Code
shall be a forfeiture as hereinafter provided together with the costs of prosecu-
tion and the penalty assessment imposed by Section 165.87 of the Statutes
where applicable. Payment of the judgment may be suspended by the sentenc-
ing judge for not more than 60 days. Any person who shall fail to pay the
amount of the forfeiture, costs of prosecution and penalty assessment imposed
for violation of any provision of the Municipal Code may, upon order of the
court, be imprisoned until such forfeiture, costs and assessments are paid, but
not exceeding 90 days.
B. All offenses of the Municipal Code are hereby classified with a
minimum and maximum forfeiture for each class for which a violator shall be
subject. All offenses not specifically enumerated in this section shall be
deemed Class E offenses.
C. The following offenses are designated Class A offenses and shall be
subject to a forfeiture of not less than $500.00 and not more than $1,000.00:
MUNICIPAL
CODE
REFERENCE OFFENSE
3-1.0675 Violating Hauler License
3-1.1055 Operating a Motor Vehicle Salvage Yard Without License
4-2.0145 Injure or Tearing Up Pavement
D. The following offenses are designated Class B offenses and shall be
subject to a forfeiture of not less than $250.00 and not more than $500.00:
MUNICIPAL
CODE
REFERENCE OFFENSE
1-4.0850 Tax and Auditing
E. The following offenses are designated Class C offenses and shall be
subject to a forfeiture of not less than $100.00 and not more than $250.00:
December 10, 2012
Page 27
MUNICIPAL
CODE
REFERENCE OFFENSE
1-5.0240 Ethics
2.1-1.0125 Riot
2.1-1.0135 Terrorism
2.1-1.0140 Indecent Exposure
2.1-1.0212 Distributing Dangerous Substances
2.1-1.0214 Making a False Report
2.1-1.0215 False Report of Destructive Substance
2.1-1.0218 Impersonating a Public Official or Employee
2.1-1.0220 Interference with Official Acts
2.1-1.0228 Reckless Use of Fire or Explosives
2.1-1.0320 Injury to Fire Apparatus
2.1-1.0410 Public Nuisances Prohibited
2.1-2.0225 Temporary Embargo
2.1-2.0228 Tampering with Vehicles
2.1-2.0550 Handicapped Parking
2.1-3.0198 Animal Control Violation
2.1-4.0155 Violation of Building Code
2.1-4.0290 Violation of Housing Code
2.2-3.0175 Fire Prevention Code Violations
3-1.0280 Adult Entertainment Regulations
3-1.0793 Depositing Yard Waste in Landfill, 4 offense within 1 year
th
3-1.0795 Landfill without Permission
3-2.0195 Park Violations
December 10, 2012
Page 28
MUNICIPAL
CODE
REFERENCE OFFENSE
4-2.0710 Unlawful Driveway
4-2.0705 Unlawful Sidewalk
F. The following offenses are designated Class D offenses and shall be
subject to a forfeiture of not less than $25.00 and not more than $100.00:
MUNICIPAL
CODE
REFERENCE OFFENSE
2.1-1.0105 Assault
2.1-1.0110 Harassment
2.1-1.0115 Willful Disturbance
2.1-1.0120 Disorderly Conduct
2.1-1.0130 Unlawful Assembly
2.1-1.0145 Juvenile Drinking
2.1-1.0150 Juvenile Loitering
2.1-1.0205 Spitting
2.1-1.0210 Sale of Tainted Food
2.1-1.0222 Refusing to Assist Officer
2.1-1.0224 Harassment of Public Officers and Employees
2.1-1.0225 Abandoned or Unattended Refrigerators
2.1-1.0230 Antenna and Radio Wires
2.1-1.0232 Barbed Wire
2.1-1.0234 Throwing and Shooting
2.1-1.0235 Carrying Weapons
2.1-1.0238 Discharging Weapons
December 10, 2012
Page 29
MUNICIPAL
CODE
REFERENCE OFFENSE
2.1-1.0240 Fireworks
2.1-1.0305 Defacing Public Grounds
2.1-1.0310 Injuring Pavement
2.1-1.0315 Defacing Proclamations or Notices
2.1-1.0325 Public Buildings
2.1-1.0330 Obstructing Drainage
2.1-1.0340 Vandalism
2.1-1.0345 Trespassing
2.1-1.0350 Theft
2.1-1.0355 Littering
2.1-2.0125 Traffic Lanes
2.1-2.0218 Pedestrians Right-of-Way
2.1-2.0220 Pedestrians Prohibited on Interstate 94
2.1-2.0222 White Canes Restricted to Blind Pedestrians
2.1-2.0224 Duty of Drivers with Regard to Blind Pedestrians
2.1-2.0230 Moving Other Vehicles
2.1-2.0232 Unattended Motor Vehicles
2.1-2.0234 Excessive Tire Noise
2.1-2.0235 Quiet Zones
2.1-2.0238 Funeral of Other Procession
2.1-2.0240 Vehicles on Sidewalks
2.1-2.0242 Clinging to Vehicles
2.1-2.0244 Mufflers
2.1-2.0245 Recreational Vehicles Restricted
December 10, 2012
Page 30
MUNICIPAL
CODE
REFERENCE OFFENSE
2.1-2.0248 Operation of Licensed Vehicles Restricted on Public Property
2.1-2.0250 Traffic Code Applies to Bicycles
2.1-2.0265 Bicycles Clinging to Other Vehicles
2.1-2.0268 Bicycles Prohibited on Interstate Highway
2.1-2.0270 Reckless Operation of Bicycles
2.1-2.0530 Impounding Vehicles
2.1-2.0535 Park Adjacent to Curb
2.1-2.0540 Parking for Certain Purposes Illegal
2.1-2.0545 Parking Prohibited
2.1-2.0555 No Parking Zones
2.1-2.0560 Parking Continuously in One Place for More Than 72 Hours
Prohibited
2.1-2.0562 Snow Removal
2.1-2.0568 Street Maintenance
2.1-2.0570 Parking in Driveways
2.1-2.0572 Parking Heavy Vehicles Prohibited
2.1-2.0574 Unlawful Removing of Parking Notices and Citations
2.1-2.0575 Abandonment of Vehicles Prohibited
2.1-2.0645 All Terrain Vehicles and Snowmobiles
3-1.0155 Alcohol License Holder Closing Hours
3-1.0650 Direct Sellers
3-1.0793 Depositing Yard Waste in Landfill, 2 offense within a year
nd
3-1.0793 Depositing Yard Waste in Landfill, 3 offense within a year
rd
3-1.0945 Recycling without Permit
December 10, 2012
Page 31
MUNICIPAL
CODE
REFERENCE OFFENSE
4-2.0110 Fires in Streets
4-2.0125 Street Obstruction without Warning Lights
4-2.0135 Street Obstruction
4-2.0135 Snow Obstruction
4-2.0140 Failure to Shovel
G. The following offenses are designated Class E offenses and shall be
subject to a forfeiture of not less than $5.00 and not more than $25.00:
MUNICIPAL
CODE
REFERENCE OFFENSE
2.1-2.0205 Walking in Street
2.1-2.0210 Use of Sidewalks
2.1-2.0215 Hitchhiking
2.1-2.0216 Pedestrian Crossing
2.1-2.0217 Use of Crosswalks
2.1-2.0252 Double Riding Restricted
2.1-2.0254 Place of Riding Bicycle
2.1-2.0255 Bicycle Paths
2.1-2.0260 Bicycle Emerging from Alley or Driveway
2.1-2.0262 Carrying Articles
2.1-2.0264 Riding on Sidewalks
2.1-2.0272 Parking of Bicycles
2.1-2.0274 Equipment Requirements for Bicycles
2.1-2.0515 Schedule of Parking Fines
December 10, 2012
Page 32
MUNICIPAL
CODE
REFERENCE OFFENSE
3-1.0530 Mobile Homes Outside of Parks
3-1.0793 Depositing Yard Waste in Landfill, 1 offense within a year
st
4-2.0135 Vegetation Overgrowth
December 10, 2012
Page 33
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 2 - TOWN BOARD CHAIRPERSON AND BOARD
ARTICLE 1 - TOWN BOARD CHAIRPERSON
(Reserved for Future Use)
December 10, 2012
Page 34
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 2 - TOWN BOARD
ARTICLE 2 - TOWN BOARD
1-2.0205 FIVE PERSON TOWN BOARD, TERM OF OFFICE AND ELEC-
TION DATES. The Town Board, pursuant to direction of the 2008 Town
meeting, the Town Board of Supervisors shall consist of five members to be
elected at large as follows:
For the spring election in April 2009, there will be a chair and four
supervisors elected. The two supervisors receiving the greatest number of votes
shall be elected for two year terms. The two supervisors receiving the next
highest number of votes shall be elected for one year terms. Each year thereaf-
ter, two supervisors will be elected for two year terms at each spring election,
creating staggered terms pursuant to s. 60.21 (2) (c), Wis. Stats.
December 10, 2012
Page 35
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 3 - ADMINISTRATION
ARTICLE 1 - TOWN ADMINISTRATOR
(Reserved for Future Use)
December 10, 2012
Page 36
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 3 - ADMINISTRATION
ARTICLE 2 - CLERK
1-3.0205 APPOINTMENT OF CLERK. A majority of the members of the
Board may appoint a person to fill the office of Clerk. The term of the person’s
appointment shall be for two years. The person may be reappointed. During a
term, the person may be dismissed by the Board only for cause.
December 10, 2012
Page 37
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 3 - ADMINISTRATION
ARTICLE 3 - LEGAL SERVICES
1-3.0305 TOWN ATTORNEY APPOINTMENT. The Town Attorney shall be
appointed by majority vote of the Board upon the recommendations of the
Chair and shall receive such compensation as shall be established by resolu-
tion.
1-3.0310 TOWN ATTORNEY POWERS AND DUTIES.
A. The Town Attorney shall act as attorney for the Town on all
matters affecting the Town's interests and appear on behalf of the Town before
any Court, Tribunal, Commission or Board.
B. The Town Attorney shall sign the name of the Town to all appeal
bonds and to all other bonds or papers of any kind that may be essential to the
prosecution of any cause in court and when so signed, the Town shall be
bound upon the same.
C. The Town Attorney shall prepare those ordinances and resolutions
that the Board or the Chair may desire and direct to be prepared and report to
the Board upon all such ordinances before their final passage by the Board and
publication or posting as required by law.
D. The Town Attorney shall, upon request, make a written report to
the Chair, Clerk, Treasurer or Board, giving his opinion on all contracts,
documents, resolutions, ordinances or any other matters submitted to him or
coming to his knowledge.
E. The Town Attorney shall render his opinion on all questions of law
relating to Town matters when requested by the Chair, Clerk, Board, Treasurer,
Assessor or head of any other Town department or office.
F. The Town Attorney shall attend meetings of the Board as requested
by the Chair or the Board.
G. The Town Attorney shall prepare the contracts, forms and other
legal documents and writings which may be required for use by the Town and
shall examine and render an opinion upon the legality and form of and recom-
mend alterations for any legal document which binds or obligates the Town
prior to the time that said document becomes binding or obligatory upon the
Town.
December 10, 2012
Page 38
1-3.0315 SPECIAL COUNSEL. The Chair is empowered to appoint and
retain the services of special legal counsel on behalf of the Town whenever, in
his judgment, it is in the best interests of the Town to do so or whenever the
Town Attorney has a professional conflict with his duties.
December 10, 2012
Page 39
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 3 - ADMINISTRATION
ARTICLE 4 - PURCHASING
(Reserved for Future Use)
December 10, 2012
Page 40
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 3 - ADMINISTRATION
ARTICLE 5 - PROPERTY MANAGEMENT AND INSURANCE
(Reserved for Future Use)
December 10, 2012
Page 41
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 3 - ADMINISTRATION
ARTICLE 6 - ADMINISTRATIVE ASSISTANT
(Reserved for Future Use)
December 10, 2012
Page 42
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 3 - ADMINISTRATION
ARTICLE 7 - RECORDS MANAGEMENT
1-3.0705 DISPOSAL OF RECORDS. Pursuant to Sections 60.83 and
19.21(4) of the Statutes, authorization is hereby given to the Clerk to destroy or
otherwise dispose of Town records, invoices, tax rolls, vouchers and such other
obsolete or out-of-date materials as were generated for the years 1900-1990.
Following the initial actions taken under this article, such Town documents
described in the above paragraph shall be disposed of in accordance with
referenced statutes on an annual basis; no documents being retained for a
period greater than the statutory period established. Records of Board Pro-
ceedings and Town Meetings, Town planning documents, subdivisions, Town
Road documents and Real Estate documents shall not be disposed of under
this section.
1-3.0710 POSSESSION OF TOWN RECORDS.
A. In order to provide for the orderly administration and government
of the Town, the Board has established an office.
B. The orderly administration of the Town requires that all books and
records of the Town be kept at the Town office except for those which, for
orderly administration, must be in the possession of the officeholder.
C. Except as permitted in Paragraph D below, all books and records of
the Town, including all books and records in the charge of election or ap-
pointed Town officials, shall be kept and maintained at the Town office.
D. The following exceptions apply to Paragraph C above:
1. Personal records of any Town supervisors.
2. Records of the Town Assessor, provided the Assessor main-
tains an office where the same may be inspected by members of the
public during normal business hours.
3. Records of any Town law enforcement officer provided that
those records which are not confidential by law are made available to any
person properly seeking to inspect the same upon one business day's
notice.
December 10, 2012
Page 43
F. No Town officer or employee, except a Town law officer accepting
the payment of bail pursuant to law, may accept or retain any funds paid to
the Town for whatever reason except at the Town office. Any funds accepted
or received for the Town shall be promptly deposited in one of the depositories
designated by the Board.
December 10, 2012
Page 44
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 4 - FINANCE
ARTICLE 1 - GENERAL PROVISIONS
1-4.0105 APPROVAL OF CLAIMS.
A. Except for the payment of wages and salaries, no claim or demand
against the Town treasury shall be paid until it has been audited and allowed
and an order check drawn therefor.
B. Prior to submission to the Board for consideration, any and all
claims and demands, except claims subject to and governed by Section 893.80
of the Statutes, shall be audited and approved for submission by the Clerk
under the following guidelines:
1. That funds are available therefor pursuant to the current
budget as approved or amended by the Board.
2. That the item or service involved has been duly authorized
by the Board and is in conformance with the prevailing purchasing
policies of the Town.
3. That the item or service has been actually supplied or
rendered in conformity with such authorization.
4. That the claim is just and valid pursuant to law. The Clerk
may require the submission of such proof and evidence to support the
foregoing as in their discretion they may deem necessary.
C. Following the auditing required in Paragraph B above, and on a
monthly basis, the Board shall be given a list of claims audited and recom-
mended to be allowed by the Clerk and a list, if necessary, of claims audited
and recommended to the disallowed. For each claim, such lists shall show the
name of claimant, purpose or description, amount, budget account number
and account name. Each list shall bear the signatures of the Clerk indicating
that they have audited the claims listed and recommend allowance or disallow-
ance as captioned.
D. Following review and approval by the Board, said Board shall
execute an original list and one original copy. The original shall be kept with
the minutes and the copy shall be filed in the filing system established for
claims. Said execution by the Board shall represent allowance or disallowance
as the caption of the list states.
December 10, 2012
Page 45
E. Following review and allowance by the Board, the Clerk is autho-
rized and instructed to release properly prepared order checks to the claimants
as indicated on the approved list. If a claim is disallowed by the Board, the
Chair or the Clerk shall, as appropriate, inform the claimant in writing of such
disallowance with the reasons the Board gave for its decision.
F. Notwithstanding the above, claims may be allowed in part by the
Board except such action shall be denoted on the approved list executed by the
Board.
G. In the case where the Chair and Clerk have a disagreement or
dispute over the auditing and submission of a claim to the Board, both officials
shall place their respective recommendations in memorandum form and
submit it along with the claim in question to the Board for settlement within 30
days of initial receipt of the claim.
H. In carrying out the provisions of this section, the Chair shall, as
Deputy Clerk, have the powers and duties of the Clerk in the absence of the
Clerk under this section.
I. Payment of all wages and salaries of authorized positions shall be
by payroll verified by the Clerk and filed in time for payment on the regular
payday as appropriate.
J. On a monthly basis, the Clerk shall prepare for the Chair, with a
copy filed in the filing system established for claims, a central listing of the
payroll figures of the previous month including names, positions, hours, rates
of pay, budget accounts charged against and such other additional information
as the Chair may require.
1-4.0110 SYSTEM FOR FILING CLAIMS.
A. Each claim allowed pursuant to Section 1-4.0105 shall be filed in a
uniform filing system established exclusively for claims based on the expendi-
ture chart of accounts established by year.
B. Attached to each claim shall be a claim allowance form which shall
contain the order check number, payment date, fund name, account number,
account name, purchase order number (if any), name of claimant, address of
claimant and the date the Board approved allowance of the claim.
C. A copy of the completed form shall be used to prepare required
December 10, 2012
Page 46
lists and the monthly general ledger and financial statements of the Town.
D. The filing system for claims shall also contain a copy of the lists
required in Section 1-4.0105 and such other information as may be required by
the Clerk.
1-4.0115 AMBULANCE SERVICE.
A. DEFINITIONS.
1. "Persons who receive emergency medical service or ambu-
lance service" includes persons who personally receive such service and
every person responsible for the payment of the medical expenses or
debts of those persons, including the spouse, parents, children guardian,
representative payee, personal representative, heirs, and others as
provided by law.
2. "Emergency medical service or ambulance service" includes
the services of emergency medical technicians, first responders, ambu-
lance personnel, and others called or dispatched to the site of a reported
medical emergency, without regard to whether actual medical or para-
medical services are performed or whether the person is transported in
an ambulance or other emergency vehicle.
B. All persons who receive emergency medical service or ambulance
service which, by law, is furnished by the Town or the cost of which is charge-
able to the Town, shall pay the cost thereof to the provider.
C. Any person who fails to pay to the provider the cost of said service
shall pay to the Town any amount paid by the Town for said service together
with interest thereon at the rate of one and one-half percent per month for
each calendar month or part thereof between the date of said service and the
date of payment to the Town.
D. Town officials are empowered to undertake such acts as are
necessary or convenient to collect sums due the Town under the terms of this
subsection.
December 10, 2012
Page 47
1-4.0120 REFUND OF TAX OVERPAYMENTS.
A. All sums tendered to the Treasurer for the payment of taxes and
license fees shall be applied by the Treasurer to sums due from the taxpayer in
the following order unless a different order is specified by the taxpayer in
writing:
1. To personal property taxes due;
2. To all license fees due;
3. To all special assessments or special charges due from the
taxpayer except those deferred pursuant to ordinance or deferred as
stated on the tax statement;
4. To the installment of real estate taxes, special assessments,
and special charges shown on the taxpayers tax statement as due on
January 31 of the year following the year for which said taxes are levied;
and
5. To all remaining taxes, special assessments, and special
charges due from said taxpayer.
B. Overpayments in the amount of $2.00 or less are subject to
Section 1-4.0125.
C. Overpayments in excess of $2.00 shall be refunded by the Trea-
surer within 60 days of the date of overpayment without interest.
D. Any taxpayer who has overpaid the Treasurer may request an
expedited refund provided such request is accompanied by payment to the
Town in the amount listed in the Fee Schedule at the end of this code. Upon
receipt of such request for expedited refund and payment, the Treasurer shall
process a check for such refund and deliver the same to the taxpayer or mail it
to the taxpayer by First Class Mail at the address shown on the request for
refund, within five days of receipt of said request for payment or, if payment
was made by check, within five days of the date the check is paid to the Town's
bank, whichever is later.
1-4.0125 REFUNDS OF $2.00 OR LESS. When any person, firm or corpo-
ration has over-paid an obligation to the Town, but said over-payment is in the
amount of $2.00 or less, the Town shall not refund said over-payment unless
December 10, 2012
Page 48
application therefor is made in writing.
December 10, 2012
Page 49
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 4 - FINANCE
ARTICLE 2 - TREASURER
1-4.0205 BOND REQUIREMENTS.
A. Pursuant to Section 70.67(2) Statutes, the Town is obligated to pay
and shall pay, in case the Treasurer of the Town of Union shall fail to do so, all
taxes of any kind required by law to be paid by the Treasurer to the County
Treasurer of Eau Claire County.
B. A certified copy of this ordinance shall be delivered by the Clerk to
the County Treasurer of Eau Claire County in lieu of that bond required by
Section 70.67(1) of the Wisconsin Statutes.
C. The Treasurer shall make available to the Chair or the Clerk the
daily tax collections for verification of the days collections and deposits.
December 10, 2012
Page 50
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 4 - FINANCE
ARTICLE 3 - BUDGETING
(Reserved For Future Use)
December 10, 2012
Page 51
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 4 - FINANCE
ARTICLE 4 - ACCOUNTING, AUDITING AND FINANCIAL REPORTING
(Reserved For Future Use)
December 10, 2012
Page 52
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 4 - FINANCE
ARTICLE 5 - PUBLIC DEPOSITORIES AND INVESTING
1-4.0505 PRINCIPAL PUBLIC DEPOSITORY. Bremer Bank, as a qualified
public depository under the laws of the State of Wisconsin, is hereby desig-
nated as the primary public depository of the Town for the purpose of making
deposits of public monies. Said bank, as a public depository of the Town, shall
be used for all checking and savings accounts of the Town unless otherwise
specifically authorized by the Board.
1-4.0510 OTHER PUBLIC DEPOSITORIES. Notwithstanding Section 1-
4.0205, the Treasurer, consistent with Sections 1-4.0520 and 1-4.0525, may
transfer funds through order check or bank wire only from the primary public
depository for the purpose of investing Town funds with or through the follow-
ing financial institution(s) all of which shall be considered public depositories
of the Town:
A. Charter Bank of Eau Claire
1-4.0515 SIGNATURES ON ORDER CHECKS. The Clerk and the Treasurer
shall sign each order check of the Town. In the absence of the Clerk, the
Deputy Clerk may sign for the Clerk. The use of a facsimile signature by the
Clerk or Treasurer on order checks in lieu of a personal signature is approved
pursuant to Section 66.0607(3) of the Wisconsin Statutes provided said Clerk
or Treasurer file and maintain a notarized written notice of personal approval
and adoption of the procedure. The requirement for the Chair to countersign
all order checks of the Town is removed.
1-4.0520 INVESTMENT AUTHORITY
A. The authority to invest and reinvest money of the Town, to sell or
exchange securities so purchased and to deposit such securities for safekeep-
ing is delegated to the Board.
B. The Treasurer is authorized to purchase at their original sale or
after they have been issued, securities which are permissible investments
under the Statutes as they now read or may hereafter be amended from money
in the custody of the Treasurer which is not required for the immediate neces-
sities of the Town and as he or she may deem wise and expedient and to sell or
exchange for other eligible securities and reinvest the proceeds of the securities
so purchased.
C. From time to time, the Treasurer shall redeem the securities in
December 10, 2012
Page 53
which the Town's money has been invested pursuant to Paragraph B above so
that the proceeds may be applied to the purposes for which the original money
was designated or placed in the Town's treasury.
1-4.0525 MOVEMENT OF FUNDS. All withdrawals or transfers of funds
shall be made only by Town order check or bank wire. Whenever monies are
received, they shall be immediately, or as soon as practicable, deposited by the
Treasurer or the Clerk for safekeeping in a public depository of the Town as
authorized in Section 1-4.0510. All accounts, deposits and securities shall be
at all times held in the name of the Town only.
December 10, 2012
Page 54
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 4 - FINANCE
ARTICLE 6 - ASSESSING
1-4.0605 ASSESSABLE IMPROVEMENTS.
A. No person shall move, remove or raze any assessable improvement
on real estate without first obtaining a permit therefor from the Clerk. The cost
of the permit is listed in the Fee Schedule at the end of this code. Failure to
obtain said permit when required is a Class C offense under the provisions of
the Municipal Code.
B. Any person having an interest in real estate from or upon which
assessable improvements have been moved, removed or razed, and who fails to
secure the permit required herein, is deemed to have waived any right to a
claim, adjustment or refund of real estate taxes levied on account of improve-
ments which were not on the assessed premises on the date of assessment.
1-4.0610 CONFIDENTIAL RECORDS.
Whenever the Assessor, in the performance of the Assessor's Duties,
requests or obtains income and expense information pursuant to §70.47(7)(af),
Wis. Stats., or other applicable statute, such income and expense information
so provided to the Assessor pursuant to law shall be held as a confidential
record by the Assessor, except, however, that said information may be revealed
to and used by persons:
A. In the proper discharge of duties imposed by law;
B. In the discharge of duties by office including, but not limited to,
use in the Assessor's office and use by the Board of Review; or
C. Pursuant to order of a court. Income and expense information so
provided to the Assessor, unless a court determines that it is inaccurate, is not
subject to the right of inspection and copying under Section 19.35(1), Wis.
Stats.
December 10, 2012
Page 55
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 4 - FINANCE
ARTICLE 7 - BOARD OF REVIEW
1-4.0705. A. The Board of Review of the Town, established pursuant to
Section 70.46 of the Wisconsin Statutes, shall consist of five persons. The
positions of the Board shall be filled by the following persons, in the order
given, until full membership of five is reached:
1. Chair
2. Town Supervisors
3. Clerk
B. In the event fewer than five persons named in Paragraph A., above,
are available to serve on the Board of Review, The Chair, or in the absence of
the Chair, the available members of the Board of Review, may appoint addi-
tional members until there a five members available to serve. Additional
members must be persons who meet all of the qualifications necessary to serve
as a Supervisor.
December 10, 2012
Page 56
TITLE I - POLICY AND ADMINISTRATION
CHAPTER 4 - FINANCE
ARTICLE 8 - ROOM TAX
1-4.0805 DEFINITIONS. For the purpose of this section, the following terms
shall be defined as follows:
A. “Hotel” or “Motel” means a building or group of buildings in which
the public may obtain accommodations for a consideration including, without
limitation, such establishments as inns, motels, hotels, tourist homes, tourist
houses or courts, lodging houses, rooming houses, summer camps, apartment
hotels, resort lodges and cabins and any other buildings in which accommoda-
tions are available to the public, except accommodations rented for a continu-
ous period of more than one month and accommodations furnished by any
hospitals, sanitariums, or nursing homes, or by corporations or associations
organized and operated exclusively for religious, charitable or educational
purposes provided that no part of the net earnings of such corporations and
associations inure to the benefit of any private shareholder or individual.
B. “Gross Receipts” has the meaning as defined in Wisconsin Stat-
utes, Section 77.51 (11) (a), (b) and (c) insofar as applicable.
C. “Transient” means any person residing for a continuous period of
less than one month in a hotel, motel, or other furnished accommodations
available to the public.
D. “Innkeeper” means every person, whether a natural person or a
person at law, acting as a hotel keeper, motel operator or other persons
furnishing accommodations that are available to the public, and furnishing
rooms or lodging at retail to transients.
1-4.0810 IMPOSITION OF TAX. Pursuant to §66.75, Wisconsin Statutes,
(Stats.) a tax is hereby imposed on the privilege and service of furnishing, at
retail, of rooms or lodging to transients by hotel keepers, motel operators and
other persons furnishing accommodations that are available to the public,
irrespective of whether membership is required for the use of the accommoda-
tions. Such tax shall be at the rate of eight percent of the gross receipts from
such retail furnishing of rooms or lodging. Such tax shall not be subject to the
selective sales tax imposed by §77.52 (2) Stats. The proceeds of such tax shall
be remitted quarterly to the Clerk.
1-4.0811 EXEMPTIONS FROM TAX. This tax may not be imposed upon any
sales to any person or entity made exempt by Wisconsin Statute.
December 10, 2012
Page 57
1-4.0815 TAX PAYMENT AND FILING RETURNS. The tax shall be payable
quarterly and shall be due on the last day of the month next succeeding the
calendar quarter for which imposed. A return shall be filed with the Clerk by
every innkeeper on or before the same date on which such tax is due and
payable. Such return shall show the gross room receipts of the preceding
calendar quarter from such retail furnishing of rooms or lodging, the amount of
taxes imposed for such period, and such other information as the Clerk deems
necessary for proper administration. All payments shall be made to the
Treasurer in care of the Clerk, who shall record such payments in the records
of the Town and then deposit the same to the credit of the Town or forward
payment to the Treasurer. The date a payment is received shall be the actual
date on which the Clerk receives the payment, or the due date of said payment
if the same was mailed to the Clerk by United States Mail, with sufficient
postage prepaid, the envelope bears a postmark on or before the due date of
the payment, and the envelope is delivered to the Clerk on or before the fifth
business day following the due date.
The Clerk may, for good cause shown, extend the time of filing any
return, but in no event longer than one month from the filing date. The
quarterly room taxes collected may be reduced by an administrative fee of the
greater of one percent of the gross amount of the tax OR $10.00, whichever is
greater, but not more than the tax collected, which may be retained by the
taxpayer, provided that payment of the tax is not delinquent.
1-4.0820 TRANSFEREE LIABILITY. If any person liable for any amount of
tax under this section transfers a significant portion of the taxable hotel, motel,
or lodging business, or a significant portion of the assets used in the operation
of said business, the transferee shall withhold a sufficient portion of the
purchase price to pay all taxes, penalties, and interest due under this chapter
until the Clerk certifies that all of said taxes, penalties, and interest due from
the Transferor have been paid. Without regard to whether Said Transferee
shall have withheld a sum sufficient therefor, said transferee shall pay any
sums demanded by the Clerk on account of the Transferor's liability hereunder,
provided such demand may not be made more than six months after Trans-
feree notifies the Clerk of said Transfer. Thereafter, Transferee and Transferor
may apply for refund of any sums collected but not actually due. Unless
otherwise directed in writing, all such refunds shall be by check payable to
both Transferee and Transferor.
1-4.0825 AUDIT.
A. The Clerk, Treasurer, or the designee of either of them may, by
office audit, determine the tax required to be paid to the Town or the refund
due to any person under this section. This determination may be made upon
the basis of the facts contained in the return being audited or on the basis of
the other information within the Clerk's possession. One or more such office
audit determinations may be made of the amount due for any one or for more
than one period.
December 10, 2012
Page 58
B. The Clerk, Treasurer, or the designee of either of them may, by
field audit, determine the tax required to be paid to the Town or the refund due
to any person under this section. The determination may be made upon the
basis of the facts contained in the return being audited or upon any other
information within the Clerk's possession. The Clerk, Treasurer, or the
designee of either of them is authorized to examine and inspect the books,
records, memoranda, and property of any person in order to verify that the tax
is the liability of that person or another person. Nothing herein shall prevent
the Clerk from making a determination of tax at any time.
1-4.0830 COLLECTION, INTEREST & PENALTIES.
A. If any person fails to file a return as required by this section, the
Clerk shall make an estimate of the amount of the gross receipts. Such
estimate shall be made for the period from which such person failed to make a
return and shall be based upon any information available to the Clerk. On the
basis of this estimate the Clerk shall compute and determine the amount
required to be paid to the Town, adding to the sum thus arrived at a computa-
tion surcharge equal to ten percent thereof. One or more such determinations
may be made for one or more than one period.
B. If a return is filed late, or an incorrect return is filed, the entire tax
finally determined shall be subject to a penalty of twenty-five percent of the tax
exclusive of interest or other penalties.
C. If a person fails to file a return when due or files a false or fraudulent
return with the intent in either case to defeat or evade the tax imposed by this
chapter, a penalty of twenty-five percent shall be added to the tax required to
be paid, exclusive of interest and other penalties.
D. All unpaid taxes under this section shall bear interest at the rate of
one and one half percent for each calendar month or part thereof which passes
after the due date until the tax due is paid to the Treasurer. All payments shall
be applied first to penalties then due, then to surcharges then due, then to
interest then due, and the balance, if any, shall be applied to taxes then due.
All amounts refunded by the Town to the taxpayer because of taxpayer error or
overpayment shall bear no interest. All other taxes refunded by the Town to
the taxpayer shall bear interest at the rate of five percent per annum.
E. Any penalty or late fee imposed pursuant to this article may be
waived by the Clerk if the Clerk determines that the error or failure for which
the penalty or late fee would otherwise be imposed was reasonably due to good
cause and not to neglect.
F. In order to protect the revenue of the Town, the Clerk may require
December 10, 2012
Page 59
any person liable for the tax imposed by this chapter to place with the Town,
before or after a permit is issued, such security not in excess of $15,000 as the
Clerk determines. If any taxpayer fails or refuses to place such security, the
Clerk may refuse to issue, or may revoke such permit. If any taxpayer is
delinquent in the payment of the taxes imposed by this chapter, the Treasurer
may, upon ten days' notice, recover the taxes, interest and penalties from the
security placed with the Clerk by such taxpayer. No interest shall be paid or
allowed by the Town to any person for the deposit of such security
1-4.0835 PERMIT.
A. Every person furnishing rooms or lodging under Section 1-4.0805
shall file with the Clerk an application for a permit for each place of business.
Every application for a permit shall be made upon a form prescribed by the
Clerk and shall set forth the name under which the applicant transacts or
intends to transact business, the location of his place of business, and such
other information as the Clerk requires. The application shall be signed by the
owner if a sole proprietor and, if not a sole proprietor, by the person authorized
to act on behalf of such sellers. At the time of making an application the
applicant shall pay to the Treasurer the fee shown on the Fee Schedule at the
end of this code.
B. After compliance with Sections 1-4.0835 and 1-4.0830 F. by the
applicant, the Clerk shall grant and issue to each applicant a separate permit
for each place of business within the Town. Such permit is not assignable and
is valid only for the person in whose name it is issued and for the transaction
of business at the place designated therein. It shall at all times be conspicu-
ously displayed at the place for which issued.
C. Whenever any person fails to comply with this chapter the Clerk or
the Treasurer may, upon ten days' notification and after affording such person
the opportunity to show cause why his permit should not be revoked, revoke or
suspend any or all of the permits held by such person. The Clerk shall give to
such person written notice of the suspension or revocation of any of his
permits. The Clerk shall not issue a new permit after the revocation of a permit
unless he or she is satisfied that the former holder of the permit will comply
with the provisions of this chapter. A fee shown on the Fee Schedule at the
end of this code shall be imposed for the renewal or re-issuance of a permit
which has been previously suspended or revoked.
1-4.0840 CONFIDENTIALITY.
A. Pursuant to §66.75(3), Wisconsin Statutes, all tax returns, sched-
ules, exhibits, writings or audit reports relating to such returns, on file with the
Auditing Agency are deemed to be confidential, except the Clerk, Treasurer, or
the designee of either of them may divulge their contents to the following, and
December 10, 2012
Page 60
no others:
1. The person who filed the return.
2. Officers, agents, or employees of the Federal Internal Reve-
nue Service or the State Department of Revenue.
3. Officers, employees, or agents of the Town as may be neces-
sary to enforce collection.
B. No person having an administrative duty under this section shall
make known in any manner the business affairs, operations or information
obtained by an investigation of records of any person on whom a tax is imposed
by this section, or the amount or source of income, profits, losses, expendi-
tures, or any particular thereof set forth or disclosed in any return, or to permit
any return or copy thereof to be seen or examined by any person, except as
required by law.
1-4.0845 DISPOSITION OF FUNDS COLLECTED. Not less than annually as
a part of the Town's budget, and at such other times as the Board shall
determine, the Board shall allocate and provide for spending at least seventy
percent of the Room Tax amount collected on tourist promotion and develop-
ment, which includes the development and enhancement of tourist destina-
tions in the Town, the development and enhancement of tourist destinations in
the area of Eau Claire, Altoona, and Menomonie, the advertising and promotion
of tourist destinations in the Town and the advertising and promotion of tourist
destinations in the area of Eau Claire, Altoona, and Menomonie. Advertising
and promotion activities may be conducted by the Town, by any agents or
agencies selected by the Board, or by any combination thereof.
1-4.0850 PENALTY. Any person who is subject to the tax imposed by this
section who fails to obtain a permit as required in Section 1-4.0835 or who fails
or refuses to permit the inspection of his records by the Auditing Agency, after
such inspection has been duly requested by the Clerk, or who fails to file a
return as provided in this section, or who violates any provision of this section,
shall be subject to a forfeiture not to exceed $400. Each day, or portion
thereof, that such violation continues is hereby deemed to constitute a sepa-
rate offense.
December 10, 2012
Page 61
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 4 - FINANCE
ARTICLE 9 - DELINQUENT TAXES
1-4.0905 DENIAL - DELINQUENT TAXES.
A. PREMISES. No initial or renewal business, fermented malt
beverage, or alcohol beverage license or permit shall be issued for any premises
for which local taxes, assessments or other claims due to the Town are delin-
quent and unpaid.
B. PERSONS. No initial or renewal business, fermented malt bever-
age, or alcohol beverage license or permit shall be issued by the Town to any
person:
1. Delinquent in payment of local taxes, assessments, or other
claims due to the Town; or
2. Delinquent in payment of a forfeiture resulting from a
violation of any ordinance of the Town.
C. NOTICE. Applicants for renewal of a license or permit shall be
afforded notice when a license renewal is denied on the basis of delinquent
local taxes, and may apply for an appeal hearing on the matter within 20 days
of receipt of said notice.
December 10, 2012
Page 62
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 5 - PERSONNEL
ARTICLE 1 - PERSONNEL MANUAL
1-5.0105. In the event the Board determines to hire employees for more than
800 hours per year, it shall adopt and publish a manual of Personnel policies
and practices.
December 10, 2012
Page 63
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 5 - PERSONNEL
ARTICLE 2 - ETHICS CODE
1-5.0205 PURPOSE. The proper operation of a democratic and representa-
tive government requires that public officials and employees be independent,
impartial and responsible to the people; that government decisions and policy
be made in proper channels of the governmental structure; that public office
not be used for improper personal gain; and that conflicts between private
interest and public responsibilities be avoided. In recognition of these goals,
there is established a Code of Ethics for Town officials and employees. The
purpose of this code is to establish guidelines for ethical standards of conduct
for such officials and employees by setting forth those acts or actions that are
incompatible with the best interest of the Town and by directing disclosure by
such officials and employees of private interest in matters affecting the Town.
The provisions and purpose of this code and such rules and regulations as may
be established are declared to be in the best interest of the Town.
1-5.0210 DEFINITIONS. In construing the provisions of this chapter, the
following definitions shall apply:
A. "Business" means an occupation, trade or profession, engaged in
for profit or personal gain.
B. "Confidential information" means such oral or written communica-
tions received in the course of performance of official duties which are decreed
to be privileged under statutes, regulations or ordinances, or which should be
reasonably understood to be privileged, unless the Town and all other parties
involved have authorized the release of said information.
C. "Conflict of interest" means a direct or indirect personal or finan-
cial interest which is inconsistent with the proper performance or one's official
duties or which would tend to impair one's independence of judgment or action
in the performance of official duties.
D. "Contract" means all agreements, whether formal or informal, to
which the Town is a party for the provision of goods, materials, supplies,
construction or services in exchange for valuable consideration.
E. "Family" means the immediate family and includes the, spouse,
children, parents and siblings.
F. "Financial interest" means a pecuniary interest, whether vested or
contingent, direct or indirect or, which may reasonably be expected to yield a
December 10, 2012
Page 64
monetary or the material benefit to the person in question.
G. "Gratuity" means anything of value, whether corporeal or incorpo-
real, given to a Town employee or official by any person who has benefitted or
hopes to benefit from the sale of goods or services to the Town, or, in all cases,
given with the intent of influencing that employee or official's decisions or
actions, but shall not include reasonable fees, honoraria or expenses incurred
in attendance at public meetings or speaking engagements.
H. "Incompatibility" or any form thereof means such a conflict be-
tween one's official responsibilities and personal or financial interests so as to
prevent that person from discharging both with fidelity and propriety.
I. "Interest" means the right to participation or actual participation in
terms of either responsibility or advantage.
J. "Kickback" means a gratuity given to an employee or Town official
in response to action which was previously induced to promote the interests of
the person giving the gratuity.
K. "Personal Interest" means any interest arising from blood or
marriage, to the extent of the third degree as defined in Sec. 8522.03 (2),
Stats., whether or not any financial interest is involved.
1-5.0215 FINANCIAL AND PERSONAL INTEREST PROHIBITED. No Town
official or employee shall engage in any business or transaction for financial or
personal interest with the Town.
1-5.0220 SPECIFIC CONFLICTS ENUMERATED. The following conflicts of
interest shall be expressly prohibited.
A. INCOMPATIBLE EMPLOYMENT. No Town official or employee
shall engage in or accept private employment or render services to any other
governmental body or to anyone in the private sector which would tend to be
incompatible with the proper discharge or his or her duties, unless otherwise
permitted by law or unless disclosure is made as hereinafter provided.
B. REPRESENTING PRIVATE INTERESTS BEFORE AGENCIES OR
COURTS. No elected Town official or employee who is admitted to practice law
shall represent, as an advocate any private interest, other than his or her own
or that of his or her family, in any proceeding adverse to the Town before any
federal or state court or agency.
December 10, 2012
Page 65
C. DISCLOSURE OF CONFIDENTIAL INFORMATION. No Town
official or employee shall, without proper authorization, disclose confidential
information, nor use such information to advance the actual or anticipated
financial or personal interest of him or herself or others.
D. GRATUITIES OR KICKBACKS.
1. No person shall offer, give or agree to give any Town official
or employee, nor shall any Town official or employee accept a gratuity in
connection with any decision, purchase requests or ruling for the pur-
pose of influencing the result of such official action with respect to which
the Town official or employee exercises a discretionary or mandatory
power.
2. No payment of a gratuity or kickback shall be made by or on
behalf of any person and be accepted by any Town official or employee as
an inducement or reward for the latter's action in procuring the award of
any contract or order.
E. FAILURE TO DISCLOSE INTEREST IN LEGISLATION.
1. The following persons on behalf of themselves or their
families shall disclose the nature and extent of any personal or financial
interest in proposed legislation before the Board:
a. Board members;
b. Town officials or employees who have been asked to
render official opinions or recommendations to the Board on the
legislation.
2. The disclosure shall be made before any debate commences
upon the particular legislation and shall consist of an announcement to
be recorded in the journal of proceedings and a request to abstain from
voting. Notwithstanding abstention from voting as may be allowed by the
Board, it shall be the responsibility of each employee or Town official to
personally ascertain that such actions do not conflict with Section
946.13, Stats.
F. NEPOTISM FORBIDDEN. Town officials and employees are
forbidden from engaging in any act intended to, or from using their positions to
influence the Town to, employ in any capacity whatsoever, or otherwise retain
the services of, as an independent contractor or agent, a relative by blood, to
December 10, 2012
Page 66
the extent of the third degree, as defined at Section 852.03 (2), Stats., or by
marriage.
G. USE OF POSITION TO COMPEL CHARITABLE
CONTRIBUTIONS, DONATIONS OR INDUCE BUSINESS. Town officials are
forbidden from using their positions to influence employees to make political
campaign contributions, secure other donations to causes, Town or private, or
to engage in business transactions in which they have a personal or financial
interest.
H. CONDUCTING PRIVATE BUSINESS ON TOWN PREMISES AND
TIME. Town officials and employees are forbidden from conducting their
personal or private business while they are on Town premises and engaged in
their public duties. Private business includes all forms of political activity
including but not limited to, soliciting, making or receiving contributions,
gathering signatures on petitions, and engaging in campaigning for votes
except as an incident to legislative activities.
1-5.0225 PROHIBITED CONTRACTS WITH THE TOWN. Notwithstanding
the exclusions from coverage set forth at Section 946.13 (2) Stats., no Town
official or employee may, in his or her private capacity, negotiate or enter in to
a contract with the Town in which contract such person has a private financial
interest, direct or indirect, if at that time he or she is required or authorized by
law to participate in an official capacity as a Town official or employee in the
making of that contract or to perform in regard to that contract some official
function requiring the exercise of personal discretion; nor shall any Town
official or employee, in an official capacity, participate in the making of a
contract in which such person has a private financial interest, direct or
indirect, or perform in regard to that contract some functions requiring the
exercise of personal discretion unless said action is otherwise lawful and:
A. That contract is awarded through a process of public notice and
competitive bidding; and
B. The Board waives the requirement of this section after determining
that it is in the best interest of the Town to do so.
1-5.0230 PUBLIC PURPOSE DOCTRINE.
A. No Town official or employee shall request or permit the use of
Town services or of Town-owned vehicles, equipment, materials or property for
non-official purposes or for personal profit or convenience, except when such
services are generally available to the public-at-large.
December 10, 2012
Page 67
B. No Town official or employee shall grant any special consideration,
treatment or advantage to any citizen beyond that which is available to every
other citizen.
1-5.0235 INCORPORATION OF STATE STATUTES.
A. In addition to Section 946.13, Stats., the following provisions of the
Wisconsin Statutes are incorporated by reference and made a part of this
chapter:
1. Section 19.01, Oaths and Bonds;
2. Section 19.21, Custody and Delivery of Official Property
Records.
B. Failure of Town officials to comply with the provisions of law set
forth in Subsection A of this section shall constitute a violation of this chapter.
1-5.0240 SANCTION FOR VIOLATIONS. Any person violating this chapter
may be subject to forfeiture. (Class C - $100.00)
December 10, 2012
Page 68
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 6 - ELECTIONS
ARTICLE 1 - GENERAL PROVISIONS
(Reserved for Future Use)
December 10, 2012
Page 69
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 6 - ELECTIONS
ARTICLE 2 - WARDS AND POLLING PLACES
1-6.0205 PURPOSE. The purpose of this article is to establish voting wards,
ward boundaries and designate polling places for the Town.
1-6.0210 NUMBER OF WARDS. There shall be established three voting
wards in the Town, numbered one through three.
1-6.0215 BOUNDARIES. Ward boundaries shall be in accordance with the
map maintained in the office of the Clerk, and may be updated from time to
time to reflect attachments, annexations or consolidations.
1-6.0220 POLLING PLACES. The following listed polling places shall be
established as the polling place for the designated wards herein listed:
All wards: Union Town Hall
December 10, 2012
Page 70
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 6 - ELECTIONS
ARTICLE 3 - ELECTION PROCEDURES
(Reserved for Future Use)
December 10, 2012
Page 71
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 6 - ELECTIONS
ARTICLE 4 - ELECTION OFFICIALS
(Reserved for Future Use)
1-6.0410 SHIFTS OF ELECTION O0FFICIALS. The Clerk may designate two
of more shifts of election officials to work on an election day, and the Clerk or
other person in charge of a polling place may establish the working hours of
each election official.
December 10, 2012
Page 72
TITLE 1 - POLICY AND ADMINISTRATION
CHAPTER 6 - ELECTIONS
ARTICLE 5 - ELECTRONIC VOTING
(Reserved for Future Use)
December 10, 2012
Page 73
TITLE 2 - COMMUNITY PROTECTION
DIVISION 1 - LAW ENFORCEMENT
CHAPTER 1 - PUBLIC OFFENSES
ARTICLE 1 - PUBLIC PEACE AND MORALS
2.1-1.0105 ASSAULT. No person shall, without justification or consent of the
other, do any of the following:
A. PAIN OR INJURY. Perform any act which is intended to cause
pain or injury or which is intended to result in physical contact which will be
insulting or offensive to another.
B. THREAT OF PAIN OR INJURY. Perform any act which is intended
to place another in reasonable fear of immediate physical contact which will be
painful, injurious, insulting or offensive.
C. DANGEROUS WEAPON. Intentionally point any firearm toward
another or display in a threatening manner any dangerous weapon toward
another. (Class D - $75.00)
2.1-1.0110 HARASSMENT. No person shall, with intent to intimidate, annoy
or alarm another person, do any of the following:
A. COMMUNICATIONS. Communicate with another person by
telephone, telegraph or writing without legitimate purpose and in a manner
likely to cause the other person annoyance or harm.
B. SIMULATED EXPLOSIVE. Place any simulated explosive or
simulate incendiary device in or near a building, vehicle, airplane, railroad
engine, railroad car or boat.
C. MERCHANDISE OR SERVICES. Order merchandise or services in
the name of another, or to be delivered to another, without such persons
knowledge and consent.
D. FALSE REPORTS. Report or cause to be reported false information
to a law enforcement, emergency medical or fire service agency or member
thereof implicating another in some criminal activity knowing that the
information is false, or report occurrence of a criminal act knowing the same
did not occur. (Class D - $75.00)
2.1-1.0115 WILLFUL DISTURBANCE. No person shall willfully disturb any
December 10, 2012
Page 74
deliberative or governing body, election or hearing with the purpose of
disturbing the functioning of such body, election or hearing by tumultuous
behavior or coercing by force or the threat of force any official conduct or
proceeding. (Class D - $75.00)
2.1-1.0120 DISORDERLY CONDUCT. No person shall do any of the following:
A. FIGHTING. Engage is fighting or violent behavior in any public
place, except that participants in athletic contests may engage in such conduct
which is reasonably related to that sport.
B. NOISE. Make loud and raucous noise in the vicinity of any
residence, business or hospital which causes unreasonable distress to the
occupants or users thereof.
C. ABUSIVE LANGUAGE. Direct abusive epithets or make any
threatening gesture which the person knows or reasonably should know as
likely to provoke a disturbance or violent reaction by another.
D. DISRUPT LAWFUL ASSEMBLY. Without lawful authority or color
of authority, disturb any lawful assembly or meeting of persons by conduct
intended to disrupt the meeting or assembly.
E. FALSE REPORT OF CATASTROPHE. By words or action, initiate
or circulate a report or warning of fire, epidemic or other catastrophe knowing
such report to be false or such warning to be baseless.
F. OBSTRUCT USE OF STREET. Without authority or justification,
obstruct any street, sidewalk, highway or other public way with the intent to
prevent or hinder its lawful use by others.
G. OTHER. Engage in, in a public or private place, in violent, abusive,
indecent, profane, boisterous, unreasonably loud or otherwise disorderly
conduct under circumstances in which the conduct tends to cause or provoke
a disturbance. (Class D - $50.00)
2.1-1.0125 RIOT. It shall be unlawful for three or more persons to assemble
and conduct themselves in a violent manner, to the disturbance of others, and
for any of said persons to use unlawful force or violence against another person
or any property. (Class C - $100.00)
2.1-1.0130 UNLAWFUL ASSEMBLY. It shall be unlawful for three or more
December 10, 2012
Page 75
persons to assemble, with all or any of them acting in a violent manner and
with the intent that all or any of them will commit a public offense. (Class D -
$50.00)
2.1-1.0135 TERRORISM. No person shall shoot, throw, launch or discharge a
dangerous weapon at or into any building, vehicle, aircraft, railroad engine or
railroad car or boat occupied by another person and thereby place the
occupants thereof in reasonable apprehension of serious injury. (Class C -
$100.00)
2.1-1.0140 INDECENT EXPOSURE. No person shall publicly expose his or her
genitals or pubic area, or commit a sex act in the presence of or view of a third
person, if the person does so to arouse or satisfy the sexual desires of either
party and the person knows or reasonably should know that the act is offensive
to the viewer. (Class C - $100.00)
2.1-1.0145 JUVENILE DRINKING. No person under the age of 21 years of age
shall own, possess, ingest, buy, sell, trade, use as a beverage, give away or
otherwise control any intoxicating liquor or fermented malt beverage in
violation of Chapter 125 of the Statutes. (Class D - $25.00)
2.1-1.0150 JUVENILE LOITERING. No person under the age of 18 years of
age, after first being warned by a law enforcement officer or a school official,
shall remain, loiter or idle on public school grounds during scheduled school
hours. This section shall not apply to students who have obtained special
permission from school authorities in accordance with the school's rules and
regulations. (Class D - $25.00)
December 10, 2012
Page 76
TITLE 2 - COMMUNITY PROTECTION
DIVISION 1 - LAW ENFORCEMENT
CHAPTER 1 - PUBLIC OFFENSES
ARTICLE 2 - PUBLIC HEALTH AND SAFETY
2.1-1.0205 SPITTING. It shall be unlawful for a person to spit within any food
establishment, restaurant, hotel, motor inn, cocktail lounge or tavern. (Class D
- $25.00)
2.1-1.0210 SALE OF TAINTED FOOD. It shall be unlawful for a person to sell
or offer for sale any tainted, unsound or rotten meat, fish, fowl, fruit,
vegetables, eggs, butter, canned goods, packaged goods or other articles of food
or to sell or offer for sale the flesh of any animal that was diseased. (Class D -
$75.00)
2.1-1.0212 DISTRIBUTING DANGEROUS SUBSTANCES. No person shall
distribute any drugs or medicine or any corrosive, caustic, poisonous or other
injurious substance unless the person delivers such into the hands of a
competent person or otherwise takes reasonable precaution that neither
minors nor animals have access to the place where the substance is deposited.
(Class C - $100.00)
2.1-1.0214 MAKING A FALSE REPORT. No person shall report or cause to be
reported false information to any fire service or law enforcement authority or
any official of the Town knowing that the information is false or shall report an
occurrence knowing the same did not occur. (Class C - $200.00)
2.1-1.0215 FALSE REPORT OF DESTRUCTIVE SUBSTANCE. No person
shall, knowing the information to be false, convey or cause to be conveyed to
any person any false information concerning the placement of any incendiary
or explosive device or material or other destructive substance or device in any
place where persons or property would be endangered. (Class C - $200.00)
2.1-1.0218 IMPERSONATING A PUBLIC OFFICIAL OR EMPLOYEE. No
person shall falsely and with intent to deceive hold himself or herself out or
assume to act as an elected or appointed officer of official, peace officer or
person authorized to act on behalf of the Town. (Class C - $100.00)
2.1-1.0220 INTERFERENCE WITH OFFICIAL ACTS. No person shall
knowingly resist or obstruct anyone known by the person to be a public official
or peace officer in the performance of any act which is within the scope of such
official or officer's lawful duty or authority or shall knowingly resist or obstruct
the service or execution by any authorized person of any civil or criminal
process or the order of any court. (Class C - $100.00)
December 10, 2012
Page 77
2.1-1.0222 REFUSING TO ASSIST OFFICER. Any person who is requested or
ordered by any official, peace officer or fire fighter to render said official, peace
officer or fire fighter assistance in making or attempting to make an arrest,
suppressing a fire, preventing the commission of any criminal act, shall render
assistance as required. (Class D - $50.00)
2.1-1.0224 HARASSMENT OF PUBLIC OFFICERS AND EMPLOYEES. No
person shall willfully prevent or attempt to prevent any public official, officer or
employee from performing the official's, officer's or employee's duty. (Class D -
$50.00)
2.1-1.0225 ABANDONED OR UNATTENDED REFRIGERATORS. No person
shall, outside of a secure building, abandon, leave or permit to remain
unattended any refrigerator, icebox, freezer or other containers with doors that
may become latched from the outside. (Class D - $50.00)
2.1-1.0228 RECKLESS USE OF FIRE OR EXPLOSIVES. No person shall so
use fire or any incendiary or explosive device or material as to recklessly
endanger the property and safety of another. (Class C - $200.00)
2.1-1.0230 ANTENNA AND RADIO WIRES. It shall be unlawful for a person to
allow antenna wires, antenna supports, radio wires or television wires to exist
over any street, alley, highway, sidewalk or other public property without
proper authorization of the Town. (Class D - $25.00)
2.1-1.0232 BARBED WIRE. It shall be unlawful for a person to use barbed
wire to enclose land within the Town without the consent of the Board unless
such land consists of ten acres or more and is used as agricultural land and is
zoned as such. (Class D - $50.00)
2.1-1.0234 THROWING AND SHOOTING. No person shall throw stones or
missiles of any kind or shoot arrows, rubber guns, slingshots, air rifles or other
dangerous instruments or toys on or into any street, highway, alley, sidewalk,
Town right-of-way or other public place. (Class D - $50.00)
2.1-1.0235 CARRYING WEAPONS. No person shall go armed with a
dangerous weapon concealed on or about his person or shall within the Town
go armed with any loaded firearm, whether concealed or not, or shall knowingly
carry or transport in a vehicle a pistol, revolver or loaded firearm, provided that
this section shall not apply to any of the following:
A. Being armed with a dangerous weapon in his or her own dwelling
or place of business or on land owned or possessed by the person.
December 10, 2012
Page 78
B. Any peace officer including the Town Police Officer as defined by
the Statutes.
C. Any member of the armed forces of the United States or the
National Guard or person in the service of the United States when the weapons
are carried in connection with his or her duties as such.
D. WITHIN CONTAINER. Any person who for any lawful purpose
carries an unloaded pistol, revolver or other dangerous weapon inside a closed
or fastened container or securely wrapped package which is too large to be
concealed on the person.
E. WITHIN VEHICLE. Any person who for any lawful purpose carriers
or transports any unloaded pistol or revolver in any vehicle inside a cargo or
large compartment where the pistol or revolver will not be readily accessible to
any person riding in the vehicle or common carrier.
F. TARGET PRACTICE AND HUNTING. Any person while he or she
is lawfully engaged in target practice or hunting for game.
G. VALID PERMIT. Any person who has in his or her possession and
displays to any official or peace officer of the Town on demand a valid permit to
carry weapons which permit has been issued to that person pursuant to
Wisconsin law and whose conduct is within the limits described therein.
H. CORRECTIONAL OFFICER. Any correctional officer, when his or
her duties require, serving under the authority of the State Division of
Corrections. (Class D - $75.00)
2.1-1.0238 DISCHARGING WEAPONS.
A. No person shall discharge any rifle, shotgun, revolver, pistol, gun
or firearm of any kind within 200 yards of any permanent dwelling, residence
or business structure not owned or occupied by the person discharging the
weapon.
B. In addition to the restrictions in Section A above, no person shall
fire or discharge or carry uncased any rifle, revolver or pistol within the
following described area of the Town, except for authorized target shooting at
Westgate Sportsman Club. That area of the Town East of County Trunk
Highway TT (Kane Road) and East of the West lines of Sections 26 and 35,
Township 27 North, Range 10 West. (Class D - $75.00).
December 10, 2012
Page 79
2.1-1.0240 FIREWORKS.
A. No person may possess or use fireworks, as described in the
Wisconsin Statutes, within the Town without first having secured a permit
from the Chair. (Class D - $50.00).
B. A permit under this section may be issued only to:
1. A public authority;
2. A fair association;
3. An amusement park;
4. A park Board;
5. A civic organization;
6. A group of resident or nonresident individuals; or
7. An agricultural producer for the protection of crops from
predatory birds or animals.
C. The Chair shall issue no permit for the possession or use of
fireworks until the applicant has executed an application containing the
following:
1. The identity of the applicant;
2. The proposed purpose of the use or possession of fireworks;
3. If the fireworks are to be ignited or displayed, an adequate
description of the location and circumstances under which they will be
used or displayed; and
4. An indemnity of the Town for any damages arising from said
possession or use in the following language: "The undersigned hereby
indemnifies and holds harmless the Town, its officers, agents and
December 10, 2012
Page 80
employees from any and all claims, damages, costs or expenses including
reasonable attorney's fees, which costs, claims, damages or expenses
arise, directly or indirectly, from or because of the use or display of
fireworks in the Town by the undersigned, by any person under the
control of the undersigned, by any person operating with permission of
the undersigned or by any person obtaining fireworks previously in
possession of the undersigned pursuant to the permit applied for by any
means whatsoever."
5. Satisfactory proof that the applicant is licensed by the State
of Wisconsin as a pyrotechnic operator.
D. Before issuance of a permit under this section, the Chair shall
determine that the applicant has filed with the Clerk an indemnity bond with
good and sufficient sureties or policy of liability insurance for the payment of
all claims that may arise by reason of injuries to person or property from the
handling, use or discharge of fireworks under the permit. The bond or policy, if
required, shall be taken in the name of the Town, and any person injured
thereby may bring an action on the bond or policy in the person's own name to
recover the damage the person has sustained, but the aggregate liability of the
surety or insurer to all persons shall not exceed the amount of the bond or
policy.
E. Before issuance of a permit under this section, the Chair shall
determine that the applicant is an appropriate person to receive such permit,
shall receive advice from the Town staff as to the foreseeable safety of the
possession or use of fireworks at the proposed location, and shall notify the
Township Fire Department Incorporated of the application.
F. Copy of every permit issued under this section shall be delivered to
the Town law enforcement officer and the Chief of the Township Fire
Department at least 48 hours before the permit allows the discharge of
fireworks.
G. The Fire Chief of the Township Fire department may cancel any
permit issued under this ordinance if, in the Chief's sole discretion, the use of
fireworks as authorized by the permit poses an unusual fire hazard. The
issuance by the Fire Chief or by the Wisconsin Department of Natural
Resources of a general burning ban covering the site described in the permit
and effective on the date of the permit shall automatically cancel said permit.
H. Any application for a fireworks permit shall be accompanied by a
fee listed in the Fee Schedule at the end of this code.
December 10, 2012
Page 81
TITLE 2 - COMMUNITY PROTECTION
DIVISION 1 - LAW ENFORCEMENT
CHAPTER 1 - PUBLIC OFFENSES
ARTICLE 3 - PROPERTY
2.1-1.0305 DEFACING PUBLIC GROUNDS. No person shall cut, break or
deface any tree or shrub on public property or on any public way by willfully
defacing, cutting, breaking or injuring such tree or shrub. (Class D - $25.00)
2.1-1.0310 INJURING PAVEMENT. No personal shall damage or deface the
pavement in any street, alley, driveway or sidewalk. (Class D - $25.00)
2.1-1.0315 DEFACING PROCLAMATIONS OR NOTICES. No person shall
intentionally deface, obliterate, tear down or destroy in whole or in part any
proclamation, advertisement, notification, ordinance or resolution set up at any
place within the Town by authority of the law or any public official during the
time for which the same is to remain set up. (Class D - $25.00)
2.1-1.0320 INJURY TO FIRE APPARATUS. No person shall willfully destroy,
damage or injure any fire apparatus, vehicle or piece of equipment or other
thing used and kept for the extinguishment of fires. (Class C - $100.00)
2.1-1.0325 PUBLIC BUILDINGS. No person shall willfully write, make marks
or draw characters on the walls or any other parts of any church, college,
school or other public building or on any furniture, apparatus or fixture therein
or otherwise willfully damage or deface the same or any wall or fence enclosing
the same. (Class D - $50.00)
2.1-1.0330 OBSTRUCTING DRAINAGE. No person shall divert, obstruct,
impede or fill up without authorization from the Town any ditch, drain or water
course or otherwise obstruct or impede drainage. (Class D - $50.00)
2.1-1.0340 VANDALISM. No person shall damage, deface, alter or destroy the
tangible or physical property of another person without that person's consent.
(Class D - $75.00)
2.1-1.0345 TRESPASSING. No person shall commit one or more of the
following acts:
A. ENTER PROPERTY WITHOUT PERMISSION. Enter upon or in
property without justification or without the implied or actual permission of the
owner, lessee or person in lawful possession with the intent to commit a public
offense or to use, remove therefrom, alter, damage, harass or place therein or
December 10, 2012
Page 82
thereon anything animate or inanimate.
B. VACATE PROPERTY WHEN REQUESTED. Enter and remain
upon or in property without justification after being notified or requested to
abstain from entering or to remove or vacate therefrom by the owner, lessee or
person in lawful possession or by any peace officer or public employee whose
duty it is to supervise the use and maintenance of the property.
C. INTERFERE WITH LAWFUL USE OF PROPERTY. Enter upon or
in private property for the purpose or with the affect of unduly interfering with
the lawful use of the property by another.
D. USE OF PROPERTY WITHOUT PERMISSION. Be upon or in
property and wrongfully use, remove therefrom, alter, damage, harass or place
thereon or therein anything without the implied or actual permission of the
owner, lessee or person in lawful possession.(Class D - $25.00 to $100.00)
2.1-1.0350 THEFT. No person shall take possession or control of the property
of another or property in the possession of another with the intent to deprive
the other thereof. (Class D -$75.00)
2.1-1.0355 LITTERING. No person shall throw or deposit any debris or waste
material on or along any highway or street or on any public or private property.
(Class D - $25.00 to $100.00)
December 10, 2012
Page 83
TITLE 2 - COMMUNITY PROTECTION
DIVISION 1 - LAW ENFORCEMENT
CHAPTER 1 - PUBLIC OFFENSES
ARTICLE 4 - NUISANCES
2.1-1.0405 PUBLIC NUISANCES DEFINED.
A. “Public Nuisance” means any thing, act, occupation, omission,
condition or use of property that is injurious to health, indecent or offensive to
the senses or an obstacle to the free use of property so as to unreasonably
interfere with the comfortable enjoyment of life or property or which tends to
depreciate the value of surrounding property.
B. The following are hereby specifically declared to be public
nuisances but such enumeration shall not be construed to exclude other
public nuisances coming within the definition provided in Paragraph A above:
1. Carcasses of animals, birds or fowl not intended for human
consumption or food which are not buried or otherwise disposed of in a
sanitary manner within 24 hours after death.
2. Accumulations of decayed animal or vegetable matter, trash,
rubbish, rotting lumber, bedding, packing materials, ashes, garbage,
scrap metal or similar materials.
3. Garbage cans or trash containers which are not fly tight.
4. All noxious weeds and other rank growth of vegetation.
5. The escape of smoke, soot, cinders, noxious acids, fumes,
gases, fly ash, industrial dust or other atmospheric pollutants within the
Town limits or within one mile therefrom in such quantities as to
endanger the health of persons of ordinary sensibilities or to threaten or
cause injury to property in the Town.
6. The pollution of any public well or cistern, stream, lake or
other body of water by sewage, industrial wastes or other substances.
7. Any use of property, substances or things within the Town
emitting or causing any fowl, offensive, noisome, nauseous, noxious or
disagreeable odors, gases, effluvia or stenches repulsive to the physical
senses or ordinary persons which annoy, discomfort, injure or
December 10, 2012
Page 84
inconvenience any appreciable number of persons within the Town.
8. All abandoned wells not securely covered or secured from
public use.
9. Any use of property which shall cause any nauseous or
unwholesome liquid or substance flow into or upon any street, gutter,
alley, sidewalk or public place within the Town or into or upon any
private property.
10. All signs and billboards, awnings and other similar
structures over or near streets, sidewalks, public grounds or places
frequented by the public so situated or constructed as to endanger the
public safety.
11. All unauthorized signs, signals, markings or devices placed
or maintained upon or in view of any public street or railway crossing
which purport to be or may be mistaken as an official traffic control
device, railroad signal or which because of its color, location, brilliance or
manner of operation interferes with the effectiveness of any such device,
signal or sign.
12. All trees, hedges, billboards or other obstructions which
prevent persons driving vehicles on public streets or highways from
obtaining a clear view of traffic when approaching an intersection or a
pedestrian crosswalk.
13. All limbs of trees which project over and less than fifteen feet
(15') above the surface of a public sidewalk or street or less than twelve
feet (12') above any public place.
14. All buildings or structures so old, dilapidated or out of repair
as to be dangerous, unsafe, unsanitary or otherwise unfit for human
occupancy or use.
15. Anything suspended less than fifteen feet (15') above streets,
sidewalks or other public property.
16. All loud, discordant and unnecessary noises or vibrations of
any kind.
17. Any unauthorized or unlawful use of property abutting on a
December 10, 2012
Page 85
public street or sidewalk or of a public street or sidewalk which causes
large crowds of people to gather, or results in the obstruction of traffic or
inhibits the free use of the street or sidewalk.
18. All open and unguarded pits, wells, excavations or unused
basements freely accessible from any public street or sidewalk.
19. All lawns and the boulevard in front or along such premises,
in primarily residential areas, not cut or maintained by the owner or
occupant at a height lower than nine inches (9").
20. Any unlicensed vehicle or vehicle part which is neither on a
driveway or stored within a building, except in those areas specifically
licensed as salvage yards or automobile dealers.
21. The accumulation or storage of any unlicensed, junked or
inoperative vehicles or machinery, or parts thereof, outside of any
building on any real estate located in the Town, unless a proper permit
has been issued therefor.
22. Any sidewalk of the Town not kept clear of snow and ice by
the owner or occupant of the abutting lot.
2.1-1.0410 PUBLIC NUISANCES PROHIBITED. No person shall create, erect,
contrive, cause, continue, maintain or permit to exist any public nuisance
within the Town. Violation of this section shall be a Class C offense,
punishable by a forfeiture of not less than $100.00, not more than $250.00,
plus costs and attorney fees. Each day of violation shall constitute a separate
offense.
2.1-1.0415 ENFORCEMENT. Notwithstanding the provisions for abatement in
this article, official warnings and citations may be issued therefor.
2.1-1.0420 ABATEMENT.
A. Whenever a complaint is made that a public nuisance exists within
the Town, the Chair or and any Supervisor designated by the Chair, as an
enforcement official of the Town, shall promptly inspect or cause to be
inspected the premises complained of and shall whenever appropriate and
practicable perpetuate evidence of the nuisance by preparation of reports,
statements, photographs, and sound recordings.
December 10, 2012
Page 86
B. If the enforcement official determines that a public nuisance exists
and that is poses a danger to the public health, safety, peace or good order of
the Town, notice shall be served on the person or persons causing, permitting
or maintaining such nuisance or upon the owner or occupant of the premises
which such nuisance is caused, permitted or maintained or by posting a copy
of said notice on the premises. Such notice shall direct the abatement of such
nuisance by a set time and date, which shall be as soon as practical under the
circumstances. The notice shall state that unless such nuisance is so abated
or removed, the Town will cause the same to be abated or removed and will
charge the cost thereof to the owner, occupant or person causing, permitting or
maintaining the nuisance as the case may be.
C. If the nuisance is not abated within the time provided or the
owner, occupant or person causing the nuisance cannot be found, the
enforcement officer shall promptly cause the abatement or removal of such
public nuisance.
D. If the enforcement official determines that a public nuisance exists
on private property but that the nature of the nuisance is not such as to pose a
danger to the public health, safety, peace or good order, he shall file a written
report of his findings with the Town Attorney who shall cause an action to
abate such nuisance to be commenced in the name of the Town.
E. Nothing in this section shall be construed as prohibiting the use of
other methods of abatement of public nuisances or the enforcement of this
article by the Town or its officials.
2.1-1.0425 COSTS OF ABATEMENT. In addition to any other penalty
imposed, the cost of abating or removing a public nuisance by the Town shall
be collected as a debt from the owner, occupant or person causing, permitting
or maintaining the nuisance and if notice to abate the nuisance has been given
to the owner, such cost shall be assessed against the real estate as a special
charge.
December 10, 2012
Page 87
TITLE 2 - COMMUNITY PROTECTION
DIVISION 1 - LAW ENFORCEMENT
CHAPTER 2 - VEHICLES AND TRAFFIC
ARTICLE 1 - GENERAL PROVISIONS
2.1-2.0105 STATE TRAFFIC LAWS ADOPTED. Except as otherwise
specifically provided in this code, the statutory provisions in Chapters 340 to
348, of the Wisconsin Statutes, describing and defining regulations with
respect to vehicles and traffic, exclusive of any provisions therein relating to
penalties to be imposed and exclusive of any regulations for which the
statutory penalty is a fine or term of imprisonment are hereby adopted and by
reference made a part of this code as if fully set forth herein. Any act required
to be performed or prohibited by any statute incorporated herein by reference
is required or prohibited by this code. Any future amendments, revision or
modifications of the statutes incorporated herein are intended to be made part
of this code in order to secure uniform statewide regulation of traffic on the
highways, streets, and alleys of the State of Wisconsin.
2.1-2.0110 DEFINITIONS.
A. “Roadway” means that portion of highway between the regularly
established curb lines or that portion which is improved, designed or ordinarily
used for vehicular travel, excluding the berm or shoulder.
B. “Highway” means a public way, thoroughfares and bridges of the
same. It includes the entire width between the boundary lines of every way
open to the public as a matter of right for the purposes of vehicular travel. It
includes those roads or driveway in the state, county or municipal parks but
does not include private roads or driveways as defined in Sec. 340.01 (46),
(1989-90) WI Stats.
C. “Traffic Control Devices” means any sign, signal marking, or other
device displayed to regulate the flow or stopping of traffic on a Town Roadway.
D. “Official Traffic Map” means the map established by the Town
Board with the location of all TRAFFIC CONTROL DEVICES clearly marked.
2.1-2.0115 INSTALLATION OF UNIFORM TRAFFIC CONTROL DEVICES. It
is the duty of the Board to have Uniform Traffic Control Devices Erected and
Installed. Whenever traffic regulations created by this code including a State of
Wisconsin Traffic Regulation adopted by reference in Section 1 require the
erection of traffic control devices for enforcement, the Board shall procure,
erect and maintain uniform traffic control devices conforming to the Uniform
Traffic Control Devices Manual promulgated by the Wisconsin Department of
December 10, 2012
Page 88
Transportation, giving notice of such traffic regulation to the users of the
streets and highways on which such regulations apply. Whenever state law
grants discretion to local authorities in erecting or placement of a uniform
graphic control device, devices shall be erected in such locations and in such a
manner as in the judgement of the Board will carry out the purposes of this
code and give adequate warning to the users of the streets and highways of the
Town.
2.1-2.0120 CROSSWALKS. The Board by may, by resolution, designate and
maintain crosswalks by appropriate traffic control devised at intersections
where due to traffic conditions there is particular danger to pedestrians
crossing the street or roadway and at such other places as traffic conditions
require.
2.1-2.0125 TRAFFIC LANES. The Town may mark lanes for traffic on street
pavements at such places as traffic conditions require when such is not
inconsistent with this chapter. Where such traffic lanes have been marked, it
shall be unlawful for the operator of any vehicle to fail or refuse to keep such
vehicle within the boundaries of any such lane except when lawfully passing
another vehicle or preparatory to making a lawful turning movement. (Class D -
$25.00)
December 10, 2012
Page 89
TITLE 2 - COMMUNITY PROTECTION
DIVISION 1 - LAW ENFORCEMENT
CHAPTER 2 - VEHICLES AND TRAFFIC
ARTICLE 2 - GENERAL REGULATIONS
2.1-2.0205 WALKING IN STREET. When sidewalks are not provided,
pedestrians shall at all times, when walking on or along a street, walk on the
left side of the street. (Class E - $10.00)
2.1-2.0210 USE SIDEWALKS. Where sidewalks are provided, it shall be
unlawful for any pedestrian to walk along or upon an adjacent street. (Class E
- $10.00)
2.1-2.0215 HITCHHIKING. No person shall stand in the traveled portion of a
street for the purpose of soliciting a ride from the driver of any private vehicle.
(Class E - $20.00)
2.1-2.0216 PEDESTRIAN CROSSING. Every pedestrian crossing a street or
roadway, at a point other than within a marked crosswalk or within an
unmarked crosswalk at an intersection, shall yield the right-of-way to all
vehicles upon the roadway. (Class E - $10.00)
2.1-2.0217 CROSSWALK. Pedestrians crossing the street in an area where a
marked crosswalk is provided shall cross in the crosswalks only. (Class E -
$10.00)
2.1-2.0218 PEDESTRIAN RIGHT-OF-WAY. Where traffic control signals are
not in place or in operation, the driver of a vehicle shall yield the right-of-way,
slowing down or stopping if need be to so yield, to a pedestrian crossing the
road right-of-way within any marked crosswalk or within any unmarked
crosswalk at an intersection. (Class D - $25.00)
2.1-2.0220 PEDESTRIANS PROHIBITED ON INTERSTATE 94. No person
shall walk upon, along or within any fences portion of the right-of-way of
Interstate Highway 94, except persons duly engaged in construction,
maintenance, fire fighting or law enforcement or persons present for the
purpose of leaving, servicing or removing a disabled vehicle or aiding the
injured. (Class D - $25.00)
2.1-2.0222 WHITE CANES RESTRICTED TO BLIND PEDESTRIANS. No
person, except when wholly or partially blind, shall carry or use on any public
street, highway or sidewalk a cane or walking stick which is white in color or
white tipped with red. (Class D - $25.00)
December 10, 2012
Page 90
2.1-2.0224 DUTY OF DRIVERS WITH REGARD TO BLIND PEDESTRIANS.
Any driver of a vehicle or operator of a motor drive vehicle who approaches or
comes in contact with a person wholly or partially blind carrying a cane or
walking stick which is white in color or white tipped with red or being led by a
guide dog wearing a harness and walking on either side of or slightly in front of
said blind person, shall immediately come to a complete stop and take such
precautions as may be necessary to avoid accident or injury to the blind
person. (Class D - $25.00)
2.1-2.0225 TEMPORARY EMBARGO. Whenever it appears by reason of
deterioration, rain, snow or other climatic conditions that certain streets will be
seriously damaged or destroyed by vehicles weighing in excess of a certain
designated amount, the Chair, for a period not to exceed 120 days without
Board authorization, may declare a temporary embargo whereby vehicles
weighing in excess of an amount designated by the Chair but not less than
three tons, shall not be operated on the streets so designated by the Chair in a
Class Two notice to be published in the official newspaper of the Town prior to
the effective date of the temporary embargo. Such embargo may be restricted
to certain designated streets or may be declared on a Town-wide basis
applicable to all Town streets and highways. (Class C - $150.00)
2.1-2.0228 TAMPERING WITH VEHICLES. No person shall individually or in
association with one or more other persons willfully injure or tamper with any
vehicle or break or remove any part or parts of or from a vehicle without the
consent of the owner. (Class C - $100.00)
2.1-2.0230 MOVING OTHER VEHICLES. No person shall move a vehicle not
owned by such person into any prohibited area or away from curb such
distance as is unlawful. (Class D - $50.00)
2.1-2.0232 UNATTENDED MOTOR VEHICLES. No person driving in or in
charge of a motor vehicle shall permit it to stand unattended without first
stopping the engine, locking the ignition and removing the key, and, when
standing upon any perceptible grade, without effectively setting the brake
thereupon and turning the front wheels to the curb or side of the street. (Class
D - $50.00)
2.1-2.0234 EXCESSIVE TIRE NOISE. No person shall skid, slide or spin the
tire of a motor vehicle he is operating so as to cause the emission of excessive
or unusual noise when the same is not necessary for the safe operation of the
vehicle. (Class D - $50.00)
2.1-2.0235 QUIET ZONES. When authorized signs are erected indicating a
quiet zone as designated by the Board, no person operating a motor vehicle in
any such zone shall sound the horn or other warning device of such vehicle
except in an emergency. (Class D - $25.00)
December 10, 2012
Page 91
2.1-2.0238 FUNERAL OR OTHER PROCESSION. The following regulations
shall apply to funeral and other similar processions within the Town:
A. IDENTIFIED. A funeral or other procession composed of vehicles
as such by the lighting of their headlights which shall be kept lighted during
the time they are in procession.
B. MANNER OF DRIVING. Each driver in a funeral or other
procession shall drive as near to the right hand side of the roadway as practical
and shall follow the vehicle ahead as closely as is practical and safe.
C. INTERRUPTING PROCESSION. No driver of any vehicle shall drive
between vehicles comprising a funeral or other authorized procession while
they are in motion and when such vehicles are conspicuously designated as
required in this section. This provision shall not apply to intersections where
traffic is controlled by traffic control signals or peace officers. (Class D -
$25.00)
2.1-2.0240 VEHICLES ON SIDEWALKS. The driver of a vehicle shall not drive
upon or within any sidewalk or boulevard area except at a driveway. (Class D -
$25.00)
2.1-2.0242 CLINGING TO VEHICLES. No person shall drive a motor vehicle
on the streets of the Town unless all passengers of said vehicle are inside the
vehicle in the place intended for their accommodations. No person shall ride
on the running board of a vehicle or in any other place not customarily used for
carrying passengers. No person riding upon any bicycle, coaster, roller skates,
sled or toy vehicle shall attach the same or himself to any vehicle upon a
roadway. (Class D - $75.00)
2.1-2.0244 MUFFLERS. It shall be unlawful for a person to operate or drive a
motor vehicle on a street or highway that is not equipped with a muffler in good
working order and in constant operation to prevent excessive or unusual noise
and annoying smoke or to use a muffler cut-out, by-pass or similar device.
(Class D - $25.00)
2.1-2.0245 RECREATIONAL VEHICLES RESTRICTED.
A. Except as specifically authorized by Statute, no person shall use or
operate any snowmobile, mini-bike, all-terrain vehicle or any other motorized
vehicle not licensed for operation on the highways of the state, on any public
property in the Town except in areas where such operation is specifically
permitted by official signs posted by the Town, county or state.
December 10, 2012
Page 92
B. No person shall use or operate a snowmobile, mini-bike, all-terrain
vehicle or any other motorized vehicle not licensed for operation on the
highways of the state on any private property in the Town without the owner's
consent.
C. For the purposes of this section, public property shall include all
property and lands owned by the Town, any school district, or the County.
(Class D - $25.00)
2.1-2.0248 OPERATION OF LICENSED VEHICLES RESTRICTED ON
PUBLIC PROPERTY. No person shall use or operate any motorcycle,
motorbike, moped or other motorized vehicle licensed for operation upon the
highways of the state on any public property within the Town except upon
streets and highways or other areas specifically designated by official signs of
the Town or the County for such operation. (Class D - $25.00)
2.1-2.0250 TRAFFIC CODE APPLIES TO BICYCLES.
A. Every person riding a bicycle upon a roadway shall be granted all
of the rights and shall be subject to all of the duties applicable to the driver of a
vehicle by the laws of this state declaring rules of the road applicable to
vehicles or by this chapter applicable to the driver of a vehicle except as to
those provisions which by their nature can have no application.
B. Whenever such person riding a bicycle dismounts from a bicycle,
he shall be subject to all regulations applicable to pedestrians.(Class D -
$25.00)
2.1-2.0252 DOUBLE RIDING RESTRICTED. A person propelling a bicycle
shall not ride other than astride a permanent and regular seat attached
thereto. No bicycle shall be used to carry more persons at one time than the
manner for which it is designed and equipped. (Class E - $10.00)
2.1-2.0254 PLACE OF RIDING BICYCLE. Every person operating a bicycle
upon a public way or street shall ride as near to the right hand side of the way
or street shall ride as near to the right hand side of the way or street as
practicable, exercising due care when passing a standing vehicle or one
proceeding in the same direction. When so riding upon a public way or street
with other cyclists, there shall not be more than two abreast except on public
ways set aside for the exclusive use of bicycles. (Class E - $10.00)
2.1-2.0255 BICYCLE PATHS. Whenever a usable path for bicycles has been
December 10, 2012
Page 93
provided adjacent to a street or roadway, bicycle riders shall use such path and
shall not use the roadway or street. (Class E - $10.00)
2.1-2.0260 BICYCLE EMERGING FROM ALLEY OR DRIVEWAY. The
operator of a bicycle emerging from an alley, driveway or building shall, upon
approaching a sidewalk or the sidewalk area extending across any alleyway,
yield the right-of-way to all pedestrians approaching on said sidewalk of
sidewalk area and upon entering the roadway or street shall yield the right-of-
way to all vehicles approaching on said roadway or street. (Class E - $10.00)
2.1-2.0262 CARRYING ARTICLES. No person operating a bicycle shall carry
any package, bundle or article which prevents the rider from keeping at least
one hand on the handle bars. (Class E - $10.00)
2.1-2.0264 RIDING ON SIDEWALKS. Bicycles may be operated upon the
public sidewalks in a careful and prudent manner and at a rate of speed not
exceeding eight miles per hour. Every person lawfully operating a bicycle upon
a public sidewalk, when approaching a pedestrian, shall either dismount or
give a clear right-of-way to the full extent of such sidewalk to such pedestrian.
(Class E - $10.00)
2.1-2.0265 BICYCLES CLINGING TO OTHER VEHICLES. No person riding
upon any bicycle on a street or public way shall attach the bicycle or himself to
any moving vehicle upon such street or public way. (Class D - $25.00)
2.1-2.0268 BICYCLES PROHIBITED ON INTERSTATE HIGHWAY. No person
shall ride, park or stop any bicycle within any fenced portion of the right-of-
way of Interstate Highway 94. (Class D - $25.00)
2.1-2.0270 RECKLESS OPERATION OF BICYCLES. No person shall operate a
bicycle on a street or public way at a speed greater than is reasonable and
prudent under the conditions then existing and shall not operate the same in
such a manner as to constitute a willful or wanton disregard for the safety of
persons or property. (Class D - $25.00)
2.1-2.0272 PARKING OF BICYCLES. No person shall park a bicycle upon a
street other than upon the roadway against the curb or upon the sidewalk in a
rack to support the bicycle or against a building or at the curb in such a
manner as to afford the least obstruction to pedestrian traffic or upon the
parking area between the sidewalk and roadway. (Class E - $10.00)
2.1-2.0274 EQUIPMENT REQUIREMENTS FOR BICYCLES. Every person
riding a bicycle shall be responsible for providing and properly using
equipment as provided herein:
December 10, 2012
Page 94
A. NIGHTTIME USE. Every bicycle when in use at nighttime shall be
equipped with a lamp on the front which shall emit a white light visible from a
distance from at least five hundred feet (500') to the front and with a red
reflector on the rear of a type which shall be visible from all distances from fifty
to three hundred feet (50'-300') to the rear when directly in front of a lawful
upper beam of headlamps on a motor vehicle. A lamp emitting a red light
visible from a distance of five hundred feet (500') to the rear may be used in
addition or in place of the red reflector required in this subsection.
B. BRAKES REQUIRED. Every bicycle shall be equipped with a brake
which will enable the operator to make a braked wheel skid on dry, level, clean
pavement and which may be applied and bring the bicycle to a stop without the
brake locking the braked wheel. (Class E - $10.00)
December 10, 2012
Page 95
TITLE 2 - COMMUNITY PROTECTION
DIVISION 1 - LAW ENFORCEMENT
CHAPTER 2 - VEHICLES AND TRAFFIC
ARTICLE 3 - SPEED REGULATIONS
(Reserved for Future Use)
December 10, 2012
Page 96
TITLE 2 - COMMUNITY PROTECTION
DIVISION 1 - LAW ENFORCEMENT
CHAPTER 2 - VEHICLES AND TRAFFIC
ARTICLE 4 - STOP AND YIELD REGULATIONS
(Reserved for Future Use
December 10, 2012
Page 97
TITLE 2 - COMMUNITY PROTECTION
DIVISION 1 - LAW ENFORCEMENT
CHAPTER 2 - VEHICLES AND TRAFFIC
ARTICLE 5 - PARKING
2.1-2.0505 DEFINITIONS. The following definitions shall apply in this article
unless the context requires otherwise:
A. “Abandoned Vehicle” means any of the following:
1. A motor vehicle that has been unattended on public property
for more than 24 hours and lacks current registration plates or in
inoperable.
2. A motor vehicle that has remained illegally on public
property for more than 15 days.
3. A motor vehicle that has been unlawfully parked on private
property or has been placed on private property without the consent of
the owner or person in control of the property for more than 24 hours, or
for a motor vehicle that has been illegally impounded by order of the
Chair or any Supervisor designated by the Chair and has not been
reclaimed for a period of 30 days.
B. “Inoperable Vehicle” means any motor vehicle which lacks an
engine, or two or more wheels or other structural part which renders the
vehicle totally inoperable.
C. “Park or Parking” means the standing of a vehicle whether
occupied or not, otherwise than temporarily for the purpose of and while
actually engaged in loading or unloading merchandise or passengers.
D. “Vehicle” means a motor vehicle, motorized recreational vehicle,
trailer, semi-trailer, mobile home or similar vehicle, whether or not such vehicle
is registered under Chapter 341 of the Statutes.
2.1-2.0510 PARKING VIOLATION NOTICE.
A. The Chair, any Supervisor designated by the Chair, and any
employee of the Town under their direction may enforce the parking
regulations established in this article by the initial issuance of a parking
violation notice to be placed and secured upon the vehicle.
December 10, 2012
Page 98
B. Such notice shall indicate the date and time of the violation, the
license of the vehicle, the year of the vehicle and the location of the offense.
Such notice shall also include designation of the general nature of the offense,
the amount of the find imposed and any comments of the issuing official or
employee together with his or her initials.
C. If payment of the fine imposed is made in person or by mail to the
Town within ten days of the issuance of the notice, no citation or court action
will be initiated for the particular violation unless such violation should
continue.
2.1-2.0515 SCHEDULE OF PARKING FINES. Except for violations of parking
regulations regarding parking during a snow emergency, all parking
regulations regarding prohibited or restricted parking, overtime parking or
improper parking, except handicapped parking, shall be subject to a parking
fine of $5.00. A violation of any section regarding parking during snow
emergency shall be subject to a fine of $10.00. Notwithstanding this, after ten
days and payment has not been made, a citation may be issued for violation of
this article with the deposit for such citation being equal to the maximum
forfeiture provided for a Class E offense. (Class E $5.00- $25.00).
2.1-2.0520 OTHER ENFORCEMENT ACTION NOT EXCLUDED.
Notwithstanding any other provisions of this article regarding article
enforcement, the Chair or any Supervisor designated by the Chair may when
they deem it necessary under the circumstances, take such other legal action
as may be necessary to enforce this article including the issuance of a written
warning or citation.
2.1-2.0525 PRESUMPTION OR ILLEGAL PARKING. In any proceeding
charging a standing or parking violation, a prima facie presumption that the
registered owner was the person who parked or placed such vehicle at the point
where, and for the time during which, such violation occurred, shall be raised
by proof that:
A. DESCRIBED VEHICLE. The particular vehicle described in the
information was parked in violation of this article; and
B. REGISTERED OWNER. The defendant named in the information
was the registered owner at the time in question.
2.1-2.0530 IMPOUNDING VEHICLES. The Chair and any Supervisor
designated by the Chair are hereby authorized to remove, or cause to be
December 10, 2012
Page 99
removed, a vehicle from a street, public way, public parking lot or highway to
the nearest garage or other place of safety, or to a garage designated and
maintained by the Town, under the circumstances hereinafter enumerated:
A. DISABLED VEHICLE. When a vehicle is upon a roadway or street
and is so disable as to constitute an obstruction to traffic and the person or
persons in charge of the vehicle are by reason of physical injury incapacitated
to such an extent as to be unable to provide for its custody or removal.
B. ILLEGALLY PARKED VEHICLE. When any vehicle is left
unattended upon a street or roadway and is so illegally parked as to constitute
a definite hazard or the obstruction to the normal movement of traffic.
C. SNOW REMOVAL. When any vehicle is left parked in violation of a
ban on parking during a snow emergency.
D. PARKED OVER 72 HOUR PERIOD. When any vehicle is left
parked upon a street or roadway for a continuous period of 72 hours or more, a
diligent effort shall first be made to locate the owner. If the owner is found, he
shall be given a reasonable opportunity to remove the vehicle.
E. COSTS. In addition to the standard penalties provided, the owner
or driver of any vehicle impounded for the violation of any of the provisions of
this article shall be required to pay the reasonable cost of towing and storage
as provided for abandoned vehicles. (Class D - $25.00).
2.1-2.0535 PARK ADJACENT TO CURB. No person shall stand or park a
vehicle in a street or roadway other than parallel with the edge of the roadway
headed in the direction of lawful traffic movement and with the right hand
wheels of the vehicle within eighteen inches (18") of the curb or edge of the
roadway or street, except as otherwise provided in the case of angle parking
and vehicles parked on the left hand side of one-way streets. (Class D -
$25.00).
2.1-2.0540 PARKING FOR CERTAIN PURPOSES ILLEGAL. No person shall
park a vehicle upon any street or roadway for any of the following principal
purposes:
A. SALE. Displaying such vehicle for sale.
B. REPAIRING. For commercial washing, greasing or repairing such
December 10, 2012
Page 100
vehicle except such repairs as are necessitated by an emergency.
C. ADVERTISING. Displaying advertising.
D. MERCHANDISE SALES. Selling merchandise from such vehicle
except in a duly established marketplace or when so properly authorized as
provided in the Municipal Code. (Class D - $25.00).
2.1-2.0542 RESIDENTIAL OFF-STREET PARKING.
A. It is recognized that uncontrolled residential off-street parking,
specifically in residential front yards and in residential side yards which abut a
public street, is a public nuisance. The purpose of this section is to provide for
the regulation of residential off-street parking and to specify the requirements
for residential off-street parking as they pertain to the appearance and the
health, safety and welfare of the Town. This section does not affect parking on
public highways, which is the subject of another section.
B. For all purposes under this section, "vehicle" includes all of the
following: motor vehicle, vehicle designed or intended to be towed by a motor
vehicle, accessory to a motor vehicle designed for human habitation of any
duration or a boat on or off a trailer.
C. Except as permitted herein, no vehicle may be parked, stored or
left unattended and no person may park, store or leave unattended any vehicle
on any land in the Town designated for residential use by the Zoning
Ordinance of Eau Claire County as the same exists on the date any party seeks
to enforce this section, except on that land zoned for rural homes.
D. Personal, non-commercial vehicles may be parked in said
residential districts only on a driveway or other improved surface and only
under the following conditions.
1. Parking is permitted anywhere in rear or interior side yards
but only on an improved surface as defined below.
2. Parking is prohibited in front yards and side yards on a
corner lot abutting a street except on a driveway.
3. Parking additional vehicles in the front yard or side yard on
a corner lot abutting a street may be permitted in writing by the Clerk if
space is unavailable or there is no reasonable access to the rear yard.
December 10, 2012
Page 101
Any issuance or denial of a permit by the Clerk may be appealed to the
Board within 30 days of issuance or denial.
4. No part of a parked vehicle may be closer than two feet (2') to
any property line.
E. "Driveway" means a surface maintained for motor vehicle access
and parking including those providing access from a street entrance to a
garage or parking area and those used specifically for circular turnaround or
circular through traffic. Driveway widths shall not exceed thirty percent of the
lot width or thirty feet (30'), whichever is more. The Board may modify this
standard if, owing to special conditions, a literal enforcement of the provisions
of this section will result in practical difficulty or unnecessary hardship, so that
the spirit of the ordinance shall be observed, public safety and welfare secured
and substantial justice done. In the event of conflict between any
determination of the Board under this section and a determination by the Eau
Claire County Board of Adjustment, the most restrictive rule shall apply.
F. "Improved Surface" means a surface of bituminous paving over a
base course, Portland cement concrete, brick or block designed for this use and
laid over a sand base, an oiled base course or crushed rock which provides a
stable, hard driving surface which resists rutting, is impervious to erosion,
does not result in blowing dirt or dust, the ponding of water and which
eliminates the accumulation of dust, dirt and mud.
G. Any vehicle parked in violation of this section for 48 or more
consecutive hours is hereby declared an abandoned vehicle. The Chair, any
Supervisor designated by the Chair, or any Deputy Sheriff who discovers such
an abandoned vehicle may cause that vehicle to be removed and stored at a
suitable place pursuant to the provisions of Section 342.40 of the Statutes.
H. Any person who parks a vehicle in violation of this section, any
person who owns a vehicle parked in violation of this section and any person
rightfully in possession of the premises where a vehicle is parked in violation of
this section is guilty of a Class E offense for the first violation and guilty of a
Class D offense for any violation which occurs within one year of a preceding
violation. Each day a violation continues is a separate offense.
2.1-2.0545 PARKING PROHIBITED. No person shall stop, stand or park a
vehicle except when necessary to avoid conflict with other traffic or in
compliance with the directions of a peace officer, fire fighter or traffic control
device, in any of the following places:
A. CROSSWALK. At a crosswalk at an intersection.
December 10, 2012
Page 102
B. CENTER PARKWAY. On the center parkway or dividing area of
any divided street.
C. MAILBOXES. Within five feet (5') on either side of a mailbox which
is so placed and so equipped as to permit the depositing of mail from the
vehicles on the roadway or street.
D. SIDEWALKS AND BOULEVARDS. On or across a sidewalk or
boulevard.
E. DRIVEWAY. In front of a public or private driveway.
F. INTERSECTIONS. Within an intersection of any street, highway or
alley.
G. FIRE HYDRANT. Within fifteen feet (15') of a fire hydrant.
H. STOP SIGN OR SIGNAL. Within ten feet (10') upon the approach
to any flashing beacon, stop or yield sign, or traffic control signal located at the
side of a roadway.
I. RAILROAD CROSSING. Within fifty feet (50') of the nearest rail of
a railroad crossing.
J. FIRE STATION. In front of or blocking the entrance to any fire
station.
K. EXCAVATIONS. Along side or opposite any street excavation or
obstruction when such stopping, standing or parking would obstruct traffic.
L. DOUBLE PARKING. On the roadway or street side of any vehicles
stopped or parked at the edge or curb of a street.
M. HAZARDOUS LOCATIONS. When, because of restricted visibility
or when standing or parked vehicles would constitute a hazard to moving
traffic, or when other traffic conditions require, the Board may cause curbs to
be painted with a yellow color and erect no parking or standing signs.
N. INTERSTATE HIGHWAY 94. No person shall stop, stand or park a
December 10, 2012
Page 103
vehicle, whether attended or unattended, within any fenced portion of the
right-of-way of Interstate Highway 94, or on any ramps thereof or on any
approaches thereto, except duly authorized construction, maintenance or
emergency vehicles or vehicles present for the servicing or removing a disabled
vehicle or aiding the injured. This paragraph shall not apply to any vehicle
which is disabled in such a manner and to such an extent that it is impossible
to avoid stopping or temporarily leaving such disabled vehicle in such position.
The driver of such disable vehicle shall, if possible, stop or push the same off
the paved or improved part of the main traveled part of the right-of-way.
O. ILLEGAL OFF-STREET PARKING. No person shall drive, stop,
stand or park a vehicle onto or upon privately owned property or in an area
developed as an off street facility, without the consent of the owner, lessee or
person in charge of such privately owned property or facility.
P. OTHER. At any place where official signs prohibit stopping or
parking. (Class D - $25.00).
2.1-2.0550 HANDICAPPED PARKING. Parking for the use of the physically
handicapped is provided as follows:
A. DESIGNATED SPACES. The Board on public property, and others
on their own property, may set aside special parking places designated only for
parking motorized vehicles displaying a special identification device issued in
accordance with state law.
B. UNLAWFUL USE. The use of parking spaces which are designed
for the handicapped and which are located on public or private property by a
motor vehicle not displaying such a device, or by a motor vehicle displaying
such device but not being used as operator or passenger by the individual to
whom the device has been issued or another individual physically handicapped
to the extent described by the applicable statute, shall be in violation of the
Municipal Code. (Class C - $100.00 - $250.00).
2.1-2.0555 NO PARKING ZONES. No person shall stop, stand or park a
vehicle in any specifically designated no parking zones except when necessary
to avoid conflict with other traffic conflict with other traffic or in compliance
with a peace officer, fire fighter or traffic control signal. (Class D - $25.00)
2.1-2.0560 PARKING CONTINUOUSLY IN ONE PLACE FOR MORE THAN 72
HOURS PROHIBITED. No person shall park any vehicle and permit the same
to remain standing upon any public street in the Town continuously and in one
place for a period of more than 72 hours. (Class D - $25.00).
December 10, 2012
Page 104
2.1-2.0562 SNOW REMOVAL.
A. Notwithstanding all other parking restrictions in this article,
whenever in the opinion of the Chair or any Supervisor designated by the
Chair, an emergency exists in the Town or any section or sections thereof
because of snow, freezing rain, sleet, ice, snowdrifts or other natural
phenomenon which would create or would likely create hazardous road
conditions impeding or likely to impede the free movement or fire, health,
police, emergency or other vehicular traffic or otherwise endanger the safety or
welfare of the Town, the Chair or any Supervisor designated by the Chair may
declare an emergency to exist for a period of 48 hours. Notice of such
emergency shall be given through the media and when given shall constitute
due and proper notice.
B. When in the opinion of the Chair or any Supervisor designated by
the Chair such emergency conditions do exist for a period in excess of aforesaid
emergency period, he or she is authorized to declare successive periods as are
necessary.
C. At least two hours must elapse after first notification by the news
media before the penalty provisions established and maintained for this section
shall become operative.
D. During the period of time between the declaration of emergency
and the end of such emergency vehicles shall not be left, stopped, parked,
abandoned or otherwise unattended on any street or highway in the Town.
(Class D - $25.00)
E. The provisions of this section as they pertain to any particular
snow fall or snow emergency may be terminated by declaration of the Chair or
any Supervisor designated by the Chair similarly publicized and shall be
deemed terminated as to any particular street involved as soon as snow has
been plowed on both sides of any such street. Lawful parking may be resumed
on the individual street as soon as snow plowing has been completed on the
full width of such street.
2.1-2.0565 PARKING SIGNS REQUIRED. Whenever by this article or any
other section of the Municipal Code any parking time limit is imposed or
parking is prohibited on designated streets or portions of streets, it shall be the
duty of the Town to erect and maintain or cause to be erected and maintained
appropriate signs giving notice thereof and no such regulation shall become
effective unless signs are erected and in place at the time of any alleged offense.
When the signs are so erected giving notice thereof, no person shall disobey the
restrictions or regulations stated on such sign.
December 10, 2012
Page 105
2.1-2.0568 STREET MAINTENANCE. Whenever it is necessary to clear or
repair a Town street or roadway or any part thereof or under other special
circumstances such as the construction or maintenance of public
improvements, the Town may post or cause to be posted such streets,
highways or parts thereof with temporary no parking signs for a period not to
exceed ten days without prior Board authorization. Such signs shall be erected
at least two hours prior to the time that street maintenance or similar work is
to be commenced. No person shall park a motor vehicle in violation of such
sign.(Class D - $25.00).
2.1-2.0570 PARKING IN DRIVEWAYS. No person shall park or leave standing
any motor vehicle in any private driveway without the permission of the owner
or lessee or the property or the person in control of the property upon which
such driveway is located, whether or not such driveway is posted to limit or
restrict parking. (Class D - $25.00).
2.1-2.0572 PARKING HEAVY VEHICLES PROHIBITED. Notwithstanding the
provisions in this chapter for temporary vehicle embargoes, no operator of a
motor truck, truck-tractor, trailer or semi-trailer or any other vehicle or
combination of vehicles other than motor buses weighing more than 6,000
pounds shall park such vehicles on any street or highway other than a state
trunk highway in the Town except for such time as is necessary to facilitate the
loading or unloading of the vehicle. (Class D - $25.00).
A. The Board finds that the parking of vehicles over 6,000 pounds in
gross weight and not used exclusively for personal use, constitutes a nuisance
in residential districts in the Town.
B. No person may park, or leave standing, any motor vehicle having a
gross weight of 6,000 pounds or more, unless used or licensed only for
personal use, on any town road or street or on any private property within the
Town in an area zoned residential other than RH, by Eau Claire County.
C. Any such vehicle left in an area described in Paragraph B above
and not occupied by its driver is hereby declared to be parked in violation of
this ordinance unless the same is being actively and diligently loaded or
unloaded.
2.1-2.0574 UNLAWFUL REMOVING OF PARKING NOTICES AND
CITATIONS. No person other than the owner or operator thereof, shall remove
a Town parking violation notice, warning or citation from a motor vehicle.
(Class D - $25.00).
2.1-2.0575 ABANDONMENT OF VEHICLES PROHIBITED. No person shall
abandon any vehicle unattended within the Town for such time and under
December 10, 2012
Page 106
such circumstances as to cause the vehicle to reasonably appear to be
abandoned. (Class D - $25.00).
2.1-2.0578 PRESUMPTION OF ABANDONMENT. Any vehicle left unattended
for more than 72 hours on any public street or ground or on private property
where parking is prohibited, limited or restricted, without the permission of the
owner or lessee or person in control of the property, is deemed abandoned and
constitutes a public nuisance provided that the vehicle shall not be deemed
abandoned under this section if left unattended on private property out of view
and by permission or lessee or person in control of the property.
2.1-2.0580 ABANDONMENT EXCEPTIONS. This section shall not apply to a
vehicle in an enclosed building, a vehicle in an appropriate storage place or a
depository maintained in a lawful place and manner properly authorized or a
vehicle parked in a parking space for which a fee has been paid.
2.1-2.0582 REMOVAL AND ABANDONMENT OR SALE. Any vehicle found
abandoned in violation of this article shall be impounded by the Chair or any
Supervisor designated by the Chair on behalf of the Town until lawfully claimed
or disposed of as provided for in this article. If the Chair or any Supervisor
designated by the Chair determines that towing costs and storage charges for
the minimum impoundment period would exceed the value of the vehicle, the
vehicle may be junked or sold prior to the expiration of the impoundment and
upon determination by the Chair or any Supervisor designated by the Chair
that the vehicle is not wanted for evidence or any other reason, provided that
vehicles in excess of 19 model years of age shall be sold or disposed of only by
auction sale or sealed bid.
2.1-2.0585 NOTICE TO OWNER OF IMPOUNDMENT. The official removing or
causing the removal of any vehicle on behalf of the Town found in violation of
this article shall within ten days thereafter notify the owner and all lienholders
of record, by certified mail, of the impoundment and of their right to reclaim
the vehicle. The notice shall set forth the information contained in Section
342.40(3) of the Wisconsin Statutes and shall state that the failure of the
owner or lienholders to exercise their rights to reclaim the vehicle shall be
deemed a waiver of all rights, title and interest in the vehicle and a consent to
the sale of the vehicle.
2.1-2.0588 SALE OF IMPOUNDED VEHICLE. Each retained vehicle not
reclaimed by the owner or a lienholder pursuant to law may be disposed of by
sealed bid or auction sale as provided in Section 342.40(3) of the Statutes.
2.1-2.0590 SALE TO BAR CLAIMS AGAINST VEHICLE. The sale of a motor
vehicle under the provisions of this article shall forever bar prior claims thereto
and interest therein except as hereinafter provided.
December 10, 2012
Page 107
2.1-2.0592 PURCHASER TO REMOVE VEHICLE. The purchaser of any
vehicle on sealed bid or auction sale under this article shall have ten days to
remove the vehicle from the storage area or storage firm upon payment of a
storage fee to be determined by the firm storing the vehicle. Ten days after the
sale, the purchaser shall forfeit all interest in the vehicle and the vehicle shall
be deemed to be abandoned and may be sold again.
2.1-2.0594 NOTICE TO THE DEPARTMENT OF TRANSPORTATION. Within
five days after the sale or disposition of a vehicle under this article, the Clerk
shall advise the State Department of Transportation of such sale or disposition
on a form supplied by said Department.
2.1-2.0595 OWNER MAY FILE CLAIM TO ABANDONED VEHICLE. At any
time within two years of the sale of a motor vehicle as provided in this article,
any person claiming ownership of such vehicle or financial interest therein,
may present a claim to the Board setting forth such facts as are necessary to
establish such ownership or interest and that the failure of the claimant to
reclaim the vehicle prior to sale was not the result of the neglect or fault of the
claimant. If the Board is satisfied as to the justice of the claim, it may allow
the same, but in no case shall the amount allowed exceed the sum paid into
the Town treasury as a result of the sale of such motor vehicle nor the amount
of interest of the claimant therein.
December 10, 2012
Page 108
TITLE 2 - COMMUNITY PROTECTION
DIVISION 1 - LAW ENFORCEMENT
CHAPTER 2 - VEHICLES AND TRAFFIC
ARTICLE 6 - ALL TERRAIN VEHICLES AND SNOWMOBILES
2.1-2.0605 ADOPTION OF ORDINANCE. The Board, by adoption of this
ordinance, confirmed the specific statutory authority, powers and duties noted
in specific sections of this ordinance and has established by these sections and
this ordinance the management of the affairs of the Town.
2.1-2.0610 STATE STATUES ADOPTED. Except as specifically noted
otherwise in this ordinance, Chapters 350 and 23 State Stats. (2009-2010)
describing and defining regulations with respect to “all terrain vehicles” and
“snowmobiles” are hereby adopted and incorporated by reference by the Town
and made part of this ordinance as if fully set forth herein. Any future
amendments, modifications, revisions, additions or deletions of the above noted
statutory chapters shall be incorporated herein and made part of this
ordinance.
2.1-2.0615 DEFINITIONS IN THIS CHAPTER.
A. “All Terrain Vehicle” means a motor driven vehicle designed
primarily for use off the road and able to be operated upon land, snow or water
and usually equipped with flotation tires or tracks.
B. “Roadway” means that portion of a highway between the regularly
established curb lines or that portion which is improved, designed or ordinarily
used for vehicular travel, excluding the berm or shoulder. In a divided highway
the term “roadway” refers to each roadway separately but not to all such
roadways collectively.
C. “Highway” means all public ways and thoroughfares and bridges
on every way open to the use of the public as a matter of right for the purposes
of vehicular travel. It includes those roads or driveways in the state, county or
municipal parks and in state forest which have been opened to the use of the
public for the purpose of vehicular travel and roads or driveways upon the
grounds of public schools, as defined in State Stat. 115.01 (1) and institutions
under the jurisdiction of the County Board of Supervisors, but does not include
private roads or driveways as defined in State Stats 340.01 (46)
D. “Snowmobile” means any engine driven vehicle of a type which
utilizes sled type runners, or skis, or and endless belt tread or any combination
of these or other similar means of contact with the surface upon which it is
operated, but does not include such vehicles which are either manually
propelled or driven by a motor of four horsepower or less and operated only on
private property.
December 10, 2012
Page 109
E. “Operator” means a person who operates or is in actual control of
his or her off road motor driven cycle, all terrain vehicles or snowmobile.
F. “Operate” means to control the operation of an off road motor
driven cycle, all terrain vehicle or snowmobile.
2.1-2.0620 REGULATIONS-CYCLE, ALL TERRAIN VEHICLE, SNOWMOBILE.
A. No person shall operate an off road cycle, all terrain vehicle, or
snowmobile on the private property of another without the written permission
of the property owner, with that permission to be carried on the person of the
operator.
B. No owner or other person having charge or control of an off road
motor driven cycle, all terrain vehicle or snowmobile shall knowingly authorize
or permit any person to operate such vehicle who is incapable by reason of age,
physical or mental disability, or is under the influence of intoxicating liquor,
fermented malt beverages or controlled substances.
C. The operation of off road motor driven cycles, all terrain vehicles or
snowmobiles in public parks, or property owned by the Town is prohibited
without the written permission of the Chair. Other governmental bodies having
control of land in the Town may place reasonable conditions or restrictions on
such operation.
D. No person shall operate an off road motor driven cycle, all terrain
vehicle, or snowmobile in such a manner as to constitute a violation of the
Town’s “Public Nuisance Ordinance” (3.01.030)
E. It shall be a violation of this ordinance for any person to operate an
off road motor driven cycle, all terrain vehicle or snowmobile upon any highway
within the Town except in the specific manner set forth in 2.1-2.0625 of this
ordinance of the Town.
2.1-2.0625 HIGHWAY USE PERMISSION GRANTED. The operation of off road
motor driven cycles, all terrain vehicles or snowmobiles will be permitted upon
specific highways within the Town under the following conditions:
A. All off road motor driven cycles, and terrain vehicles and
snowmobiles will be operated at the extreme edge of the highway, wherever the
embankment does not permit safe and level use the operator may operate the
cycle, all terrain vehicle or snowmobile as close to the embankment as possible
December 10, 2012
Page 110
without endangering his/her safety.
B. Whenever crossing a roadway the operator must stop and proceed
with caution.
C. No highway will be used for off road motor driven cycles, all terrain
vehicles or snowmobiles unless the Board specifically designates the highway
as a trail or route in this chapter.
D. All rules of the highway will be obeyed as defined in Town
Ordinance 2.1-2.0105 and 2.1-2.0610 in reference to State Stats. (2009-2010)
E. No roadway will be permitted to be used as a trail, or route except
for crossing as allowed by this ordinance, any person crossing a roadway must
remove himself/herself from the seat of the off road motor driven cycle, all
terrain vehicle or snowmobile and walk the machine across the roadway.
2.1-2.0630 HIGHWAY-DESIGNATED AS TRAILS OR ROUTES. The following
highways or parts of highways thereof are designated as trails or routes for
either off road motor driven cycles, all terrain vehicles or snowmobiles.
A. OFF ROAD MOTOR DRIVEN CYCLES.
1. None
B. ALL TERRAIN VEHICLES.
1. None
C. SNOWMOBILES.
1. None
2.1-2.0635 ENFORCEMENT OF ORDINANCE. The Eau Claire County Sheriff
department or a designee of the Board shall be the enforcement authority for
provisions of this ordinance. It is unlawful for any person, to refuse or fail to
comply with any lawful order, signal or direction of an officer of the Eau Claire
County Sheriffs Department or the designee of the Board.
December 10, 2012
Page 111
2.1-2.0640 ORDINANCE FILED. The Clerk shall file a copy of this ordinance
upon passage and posting as required by WI Stats., with the Wisconsin
Department of Natural Resources and Eau Claire County Sheriffs Department.
2.1-2.0645 VIOLATION-PENALTY. Any person in violation of any of the
provisions of this chapter will forfeit not less than $25.00 dollars nor more
than $100.00 and the cost of prosecution for each offense and in default of
payment of such forfeiture and costs shall be imprisoned in the County Jail
until the payment of such forfeiture and costs of prosecution but not exceeding
30 days for each violation. Each day of violation shall constitute a separate
offense.
December 10, 2012
Page 112
TITLE 2 - COMMUNITY PROTECTION
DIVISION 1 - LAW ENFORCEMENT
CHAPTER 3 - ANIMAL CONTROL
ARTICLE 1 - ANIMAL CONTROL REGULATIONS
2.1-3.0105 PURPOSE. The purpose of this chapter is to promote humane
treatment of all animals and to reduce the hazard, nuisances and conflicts
created by irresponsible pet ownership and to promote effective enforcement of
pet licensing requirements.
2.1-3.0110 APPLICABILITY. This ordinance applies to all animals within the
Town.
2.1-3.0120 DEFINITIONS. The following terms used in this ordinance mean:
A. “Additional license fee” means that part of a dog license fee
determined by the Town Board and which is added to the base license fee
established by Wisconsin Statute.
B. “Altered Male” means any male animal that has been surgically
permanently altered to prevent the production or ejaculation of sperm.
prevent it from procreating.
C. “Animal” means any living vertebrate, domestic or wild, except a
human being.
D. “Animal Control Officer” means the Constable, any person so
designated by the State of Wisconsin, a humane officer duly appointed
pursuant to §173.03, Stats., or any person authorized by the Town Code of
Ordinances or by the Town Board to perform any of the duties, or exercise any
of the powers, of an animal control officer under this Article.
E. “Animal Shelter” means a facility that is operated for the purpose
of providing for and promoting the welfare, protection, and humane treatment
of animals, that is used to shelter at least 25 dogs in a year, that is operated by
a humane society, humane association, animal welfare society, animal rescue
group, or other nonprofit group, and is licensed or otherwise recognized as a
humane society by the municipality in which it is located.
F. “Article” or “this Article” means TITLE 2, DIVISION 1, CHAPTER 3,
ARTICLE 1 of the Town of Union Municipal Code.
G. “Auction” means an event where dogs or cats are bought, sold, and
traded. This section does not apply to individual sales of animals by owners at
the residence of the owner or the buyer.
H. “Bite” means to seize with the teeth or jaws so that the person or
animal seized has been nipped, gripped, wounded, or had the skin pierced.
I. “Business Organization” includes any partnership, corporation,
cooperative, unincorporated organization, limited liability company, limited
liability partnership, or limited partnership, or similar organization, without
regard to whether the organization is organized for profit, not for profit, exempt
from income taxes, or for any purpose whatsoever.
J. “Cattery” means a Commercial Animal Establishment where a
person, group of persons, or business organization engages in the keeping of
cats, or the business of breeding, buying, selling or boarding cats.
K. “Circus” means a commercial variety show featuring animal acts
for public entertainment.
December 10, 2012
Page 113
L. “Commercial Animal Establishment” means any animal shelter, pet
show, grooming shop, pet shop, auction, riding school or stable, zoological
park, circus, performing animal exhibition, kennel, or cattery.
M. “Confined” means the restriction of an animal at all times by the
owner, or his agent, to an escape-proof building or other enclosure, away from
other animals and the public.
N. “Current Rabies Vaccination Certificate” means a certificate
describing the animal by color, age and breed, stating whether the animal has
been spayed or neutered, naming the owner, recording vaccination tag number,
and recording the expiration date of the rabies vaccine licensed by the U. S.
Department of Agriculture used, dated and signed by a licensed veterinarian,
which indicates that the described animal has been immunized against rabies
and that the immunization has not expired.
O. “Dangerous Dog” means any dog which on two separate occasions
within a 36 month period, engages in any unprovoked behavior with requires a
defensive action by any person to prevent bodily injury when the person and
the dog are off the property of the owner or keeper of the dog or any dog which
on two separate occasions within a 36 month period, without provocation, has
killed, bitten, inflicted injury or otherwise caused injury to a domestic or farm
animal off the property of the owner or keeper of the dog.
P. “Disinfect” means to destroy infectious or disease producing
microorganisms or agents.
Q. “Domesticated or domestic animal” means an animal which lives in
an environment provided by humans and includes pets but not farm animals.
R. “Educational or scientific purposes” means only those dogs used
for at least one of those purposes and kept by the Eau Claire Area School
District, a college or university accredited by the North Central Association of
Colleges and Schools, or a business organization licensed by the U.S. Food and
Drug Administration to manufacture medicines or drugs.
S. “Farm” means land, plants, animals, buildings, structures,
including ponds used for agricultural or aquacultural activities, machinery,
equipment, and other appurtenances used in the commercial production of
farm products in an agricultural zoning district.
T. “Farm Animal” means an animal commonly raised or kept in an
agricultural, rather than an urban, environment including, but not limited to,
domestic fowl, pigs, sheep, goats, horses, cattle, llamas, emus, ostriches,
donkeys, alpacas, bison, and mules.
U. “Farm Operation” means the operation and management of a farm
or a condition or activity that occurs at any time as necessary on a farm in
connection with the commercial production, harvesting, and storage of farm
products within an agricultural zoning district.
V. “Grooming Shop” means a Commercial Animal Establishment
where animals are bathed, clipped, plucked, or otherwise groomed.
W. “Harbor” means to feed or shelter an animal for more than 72
hours.
X. “Humane Officer” means a person duly appointed the Humane
Officer of a municipality pursuant to §173.03, Wis. Stats., and certified
pursuant to §173.03, Wis. Stats. who is authorized to act within the Town.
Y. “Humane Society” means The Eau Claire County Humane
Association and any business organization proclaiming itself to be a humane
society, animal welfare society, or animal rescue group organized at least in part
for the prevention of cruelty to animals and that is licensed or otherwise
December 10, 2012
Page 114
recognized as a humane society by the municipality in which it is located .
Z. “Keep” means to harbor and exercise some degree of control or
management of an animal.
AA. “Kennel” means a Commercial Animal Establishment wherein a
person, group of persons, or business organization is engaged in the business of
boarding, breeding (two or more litters of pups per year), buying, letting for hire,
training for a fee, or selling dogs.
BB. “Leash” means a cord, rope, strap, chain or training lead which
shall be securely fastened to a dog, cat or other animal and shall be of sufficient
strength to keep such dog, cat or other animal under control.
CC. “License Fee” shall be the cost of a license as determined by the
Board, and, with respect to dog licenses, is synonymous with “dog license tax”
as used in Chapter 174, Stats.
DD. “Neutered Male” means any altered male.
EE. “Owner” means any person, group of persons, or business
organization or adult member of a household which owns, keeps or harbors one
or more animals.
FF. “Performing Animal Exhibition” means any spectacle, display, act or
event other than circuses, in which performing animals are used.
GG. “Pet” means any animal kept for pleasure rather than utility.
HH. “Pet Shop” means a Commercial Animal Establishment, except for a
licensed kennel or cattery, that buys, sells, or boards any species of animals
intended to be a pet.
II. “Public Nuisance” with respect to an animal means any animal or
animals which:
1. Molests passersby or passing vehicles;
2. Attacks other animals;
3. Is repeatedly at large;
4. Damages private or public property; or
5. Barks, whines, howls, or makes other sounds common to its
species in an excessive, continuous or disruptive fashion.
JJ. “Restraint” means physically confined on the premises of its owner,
or restrained by a leash held by a responsible person capable of controlling said
animal.
KK. "Service animal" means a guide dog, signal dog, or other animal
that is individually trained or is being trained to do work or perform tasks for
the benefit of a person with a disability, including the work or task of guiding a
person with impaired vision, alerting a person with impaired hearing to
intruders or sound, providing minimal protection or rescue work, pulling a
wheelchair, or fetching dropped items.
LL. “Severe Injury” means any Physical injury that results in muscle
tears or disfiguring lacerations or requires multiple sutures or corrective or
cosmetic surgery.
MM. “Spayed Female” means any female animal, which has been
surgically permanently altered to prevent conception.
NN. “Stats.” means the current edition of the Wisconsin Statutes.
OO. “Veterinary Hospital” means any establishment maintained and
operated by a licensed veterinarian for the boarding of animals or the diagnosis
and treatment of disease and injuries of animals.
PP. “Vicious Animal” means any animal or animals that constitute a
physical threat to human beings or other animals.
QQ. “Vicious Dog” means any dog which, when unprovoked, in an
December 10, 2012
Page 115
aggressive manner, inflicts severe injury on or kills a human being or any dog
previously determined to be vicious by the Town or any other jurisdiction.
RR. “Wild Animal” means any animal which is not a pet or a farm
animal.
SS. “Zoological Park” means any facility, other than a pet shop or
kennel, displaying or exhibiting one or more species of non-domesticated
animals operated by a person, Business Organization, or government agency.
2.1-3.0125 LICENSE, FEES; REQUIRED.
A. No person shall own, harbor, or keep any dog over the age of five
months within the Town without first obtaining a license from the Town.
B. The license fees shall be as stated in the Fee Schedule appended to
the Municipal Code and amended from time to time. When establishing the
license fee, the Board shall establish an additional license fee which shall not
exceed the result achieved by determining the total cost of all dog licensing,
regulating and impounding activities for the previous year and dividing that
amount by the total of dog licenses issued that year. License fees shall not
exceed: (1) $3 plus the additional license fee for a neutered male dog or spayed
female dog, upon presentation of evidence that the dog is neutered or spayed,
(2) $8 plus the additional license fee for an unneutered male dog or unspayed
female dog or (3) for a multiple dog license, $36 for 12 or fewer multiple license
tags, an additional $3 for each multiple license tag in excess of 12, plus the
additional license fee for each multiple license tag issued. The license fee shall
be one-half of these amounts for a dog which became 5 months of age after July
1 of the license year.
C. The license year shall commence on January 1st and shall end on
the following December 31st. Licenses, except multiple dog license tags, shall
not be transferable. License fees shall not be refundable nor prorated, except
as provided in Paragraph B, above.
D. Application for such license shall be made on or before January 30
of the current license year, or within 30 days of acquiring a licensable dog,
whichever is later.
E. A late fee set in the Town Fee Schedule shall be assessed and
collected from every owner of a dog five months of age or over, if the owner failed
to obtain a license on or before the date required by this Article, except that no
late fees shall be imposed upon applications received between January 1 and
April 1, in accordance with §174.05, Stats.
F. The appropriate fee and a current rabies vaccination certificate
shall accompany the application.
G. EXCEPTION. Licenses shall be issued without charge for dogs kept
only for educational or scientific purposes, service animals, or dogs used by a
law enforcement agency.
2.1-3.0130 LICENSE TAGS.
A. Upon receipt of the License application form, current rabies
vaccination certificate and fee, the Treasurer shall issue a tag that shall be
attached to the collar of such licensed dog.
B. No person shall, negligently or otherwise, permit any dog five
months of age or older to be untagged. A dog is considered to be untagged if a
valid license tag is not attached to a collar which is kept on the dog whenever
December 10, 2012
Page 116
the dog is outdoors, unless the dog is securely confined in a fenced area.
C. No person other than the owner or an animal control officer acting
on behalf of the Town, in the line of duty shall remove the license tag from the
dog.
2.1-3.0135 RUNNING AT LARGE.
A. It is unlawful for the owner or keeper of any dog or cat to permit the
same to run at large in the Town. Any animal found at large shall be
conclusively presumed to be so with the permission of its owner or keeper. A
dog, cat or other domestic animal shall be considered to be running at large if it
is off the premises of its owner and not under the control of the owner or some
other person.
B. Except as provided in subsections C. And D., below, all dogs, cats
or other animals shall be kept on a leash by the person or persons
accompanying the animal at all times when off the premises of their owner.
C. Dogs, cats and other domestic animals shall not be considered
running at large when a property owner other than the animal’s owner has
given permission for the animal to be present on his or her property
D. Dogs used for hunting purposes on public or private lands shall not
be considered running at large if the dog owner is present and has the dog
under his or her control by voice or whistle command.
E. No dog or cat owner shall allow his or her pet to pursue deer or
other wild animals except as permitted by Wisconsin statue.
2.1-3.0140 CARE OF DOGS AND DOMESTICATED ANIMALS.
A. All dogs and domesticated animals shall be cared for, maintained
and handled in a humane and sanitary manner and in such a way as to prevent
noises, barking, fighting or howling or other disturbance of the peace and quiet
of the neighborhood.
B. No domestic animal shall be abandoned or turned loose by its
owner.
C. No animal shall be inhumanely confined in a manner, which causes
or is likely to cause pain, suffering, injury or death.
D. No person shall confine and allow their animals to remain outside
during adverse weather conditions constituting a health hazard to said animals,
such act shall be deemed cruelty to animals and such animals may be
impounded, pursuant to section 2.1-3.0175, by the Animal Control Officer.
E. No owner shall fail to provide his or her animals with sufficient
good and wholesome food and water, adequate shelter and protection from the
weather, veterinary care when needed to prevent suffering, and with humane
care and treatment.
F. No person shall beat, cruelly ill treat, torment, or otherwise abuse
any animal.
G. No person may expose any domestic animal to any known poison or
controlled substance whether mixed with meat or other food or not, so that the
substance may be consumed by the animal. This section shall not apply to
poison used on one's own premises for the purpose of rodent or pest
extermination nor to the use of controlled substances in bona fide experiments
carried on for scientific research by a licensee under §169.,25, Stats., or in
accepted veterinary practices, or to substances prescribed by a licensed
veterinarian.
H. No person may own, possess, keep or train any animal with the
December 10, 2012
Page 117
intent that the animal be engaged in an exhibition of fighting.
I. No person shall cause or permit any dog fight, cockfight, bullfight
or other combat between animals or between animals and humans.
J. The owner of any animal which is kept outdoors or in an unheated
enclosure shall provide such animal with an adequate shelter and suitable
bedding material.
K. The owner of any animal which is kept outdoors shall provide
shade from the direct rays of the sun during the months of May through
September, inclusive.
L. No person shall injure, destroy or attempt to injure or destroy, any
kind of wild animal or bird except as permitted by Wisconsin Statute.
2.1-3.0145 ANNOYANCES. No Person shall:
A. Harbor or keep any dog or any other animal, which is a public
nuisance.
B. Fail to maintain in a clean and sanitary condition and free from
objectionable odor, all structures, pens, yards and areas adjacent thereto
wherein any dog or animal is kept.
C. Fail to keep a dog or animal confined on his own premises or under
his immediate control.
D. Fail to exercise proper care and control of his animals to prevent
them from becoming a public nuisance.
E. Allow an animal to soil, defile, or defecate on any private or public
property. The person responsible for, or walking, such animal must
immediately remove and dispose of all feces so deposited in a sanitary manner
except this subsection shall not apply to disabled persons accompanied by a
certified service animal.
F. No person shall keep or permit to be kept on his premises any wild
or vicious animal for display or for exhibiting purposes, whether gratuitously or
for a fee. This section shall not be construed so as to apply to a zoo, theatrical
exhibit or circus.
G. EXCEPTION. Farms, Farm Animals and Farm Operations shall not
be found to be an annoyance or nuisance under this ordinance.
2.1-3.0150 ANIMALS AND SPECIES PROHIBITED. Animals of the species or
classifications named in this section are hereby declared to be a nuisance
within the Town and may not be kept by any person:
A. Poisonous snakes,
B. Poisonous reptiles,
C. Poisonous fish,
D. Electric eels,
E. Alligators and crocodiles.
F. Cougars, wild cats, lions or mountain lions
G. Bears, unless kept by a licensed wildlife rehabilitator or the owner
has a current DNR permit to do so, and the owner has, by January 30 of each
calendar year, displayed the original permit to the Town Clerk and provided the
Town Clerk with an exact copy of such permit.
H. Any primate, except homo sapiens
2.1-3.0150 LIMITATION ON NUMBER OF DOGS OR CATS. There is no limit
on the number of dogs or cats kept at a property address, but the Board may
limit the number of dogs or cats at the premises identified by a given property
December 10, 2012
Page 118
address if the Board finds that there have been two or more violations of this
Article or of violating any section of Chapter 951, Stats, by persons at the
property address within a period of 365 days, or that the persons at the
property address have failed to care for the animals at those premises in a
humane manner as prescribed in this chapter. If the Board limits the number
of dogs or cats the animal owner will have two weeks to find a new home for the
excess animals; upon failure to reduce the number of gods or cats as directed
by the Board, all the animals at that address shall be impounded pursuant to
section 2.1-3.0175.
2.1-3.0155 COMMERCIAL ANIMAL ESTABLISHMENT.
A. No person, group of persons, or business organization shall operate
a Commercial Animal Establishment without first obtaining the appropriate
license in compliance with this section, which shall be publicly displayed at the
establishment.
B. Every facility and every activity regulated by this ordinance shall be
considered a separate enterprise and requires an individual permit.
C. The licensee of any Commercial Animal Establishment License shall
comply with all legal requirements for humane care of all animals and for
compliance with the provisions of this ordinance and other applicable laws. The
Town may amend such regulations from time to time as deemed desirable for
public health and welfare and for the protection of animals.
D. Upon a showing by an applicant for a license to the Town Clerk or
the Town Board Chairperson that the proposed licensed premises meets the
current zoning requirements, that the applicant and the applicant’s facility will
comply with this Article, and after an Animal Control Officer has filed with the
Town Clerk a satisfactory inspection report, a permit may be issued by the
Board upon payment of the applicable fee as listed in the fee schedule at the
end of this code. The Board may refuse to issue such a permit for good cause
shown, including but not limited to the grounds stated in 2.1-3.0197 A.
E. The license period for each calendar year shall be from January 1
through December 31. Renewal applications for permits shall be made during
December and January.
F. Each commercial establishment shall be inspected by an Animal
Control Officer after any application for an original or renewal Commercial
Animal Establishment has been presented to the Town Clerk but before such
license is issued. A written report of such inspections shall be filed with the
Town Clerk. By accepting a Commercial Animal Establishment license, the
licensee consents to at least one additional announced or unannounced
inspection of the facility during the license year. Failure to permit and facilitate
any inspection called for in this Article shall be sufficient grounds for revocation
of the Commercial Animal Establishment license.
G. A Commercial Animal Establishment license is not transferrable.
H. Commercial Animal Establishments are subject to all provisions of
this ordinance.
I. The annual license fee for each commercial animal establishment
license shall be as stated in the Fee Schedule at the end of this code.
J. EXCEPTION TO FEE. No fee may be required of any animal shelter
operated by, or under contract with, the Eau Claire County Humane
Association, a government operated zoological park or licensed Veterinary
December 10, 2012
Page 119
Clinic.
2.1-3.0160 DOG OR CAT AUCTION LICENSE.
A. Each licensee shall, in addition to the other requirements of this
ordinance, comply with the minimum standards of this section. Failure to meet
these standards shall be grounds for denial or revocation of a license.
B. A dog or cat Auction License shall be valid for not more than two
consecutive days and shall be publicly displayed at the licensed auction.
Application for this license shall be made at least 30 days prior to the Auction.
C. One or more days before the auction, each seller of each dog or cat
offered for sale shall provide the Town Clerk the following information:
1. The seller’s, and if different, the breeders name, physical
address [street address, post office, state, & zip code (No PO Boxes)].
2. Dog or cat’s size, breed, and color and date of birth.
3. A certificate of good health from a licensed veterinarian,
including the health history, immunization record, and the name, address
and telephone number of the Veterinarian. This information shall be
current to within seven days of the sale.
D. Within ten days of any auction, the auction licensee shall furnish
the Town Clerk a description of each dog or cat sold, the name of the seller of
that dog or cat, and the name, physical address (street address (No PO Boxes),
post office, state, & zip code of the buyer of each such dog.
E. No person shall interfere with or provide false information to the
Town or Animal Control Officer or other official during the license process or
Auction site inspection.
F. Only healthy animals may be sold at auction.
G. The animal control officer shall conduct a site inspection the day of
the auction prior to the start of the sale. The auction license shall be revoked
when two or more citations have been issued for violations of this ordinance at
the auction facility on the date of the auction.
2.1-3.0165 KENNEL OR CATTERY LICENSE.
A. Each licensee shall, in addition to the other requirements of this
ordinance, comply with the minimum standards of this section. Failure to meet
these standards shall be grounds for denial or revocation of a Commercial
Animal Establishment license.
B. STANDARDS.
1. Enclosures must be provided which shall allow adequate
protection against weather extremes. Floors of buildings, runs and walls
shall be of an impervious material to permit proper cleaning and
disinfecting.
2. Building temperature shall be maintained at a comfortable
level for the animals kept therein. Adequate ventilation shall be
maintained to promote health and odor control.
3. Each animal shall have sufficient space to stand up, lie down
and turn around without touching the sides or top of the cage or
enclosure, and without touching litter or feces.
4. Cages are to be of material and construction that permits
cleaning and sanitizing (stainless steel or fiberglass preferred).
5. Runs shall provide an adequate exercise area and protection
from the weather. Runs and side walls to a minimum height of four feet
(4') shall have an impervious surface to allow for cleaning, disinfecting
December 10, 2012
Page 120
and odor control.
6. All animals must be quartered in a shelter which will protect
the animal from rain, snow, wind, and direct sunlight, and all animal
quarters and runs are to be kept clean, dry and in a sanitary condition.
7. The food shall be free from contamination, wholesome,
palatable and of sufficient quantity and nutritive value to meet the normal
daily requirements for the condition and size of animal.
8. All animals shall have potable water available at all times.
C. No dog or cat shall be accepted for boarding, grooming or training
unless the licensee has on file a Current Rabies Vaccination Certificate for the
animal.
D. Any animal that appears to be ill shall be promptly examined by a
veterinarian of the owner's choice, if known, or by the veterinarian employed by
the licensee, and a record kept of the examination and treatment.
E. In the event an animal dies while being boarded or while in
training, the body shall be handled in one of the following ways:
1. The body shall be preserved by refrigeration or freezing until
examined or returned to the owner. The body is to be held for at least one
week after the time the owners are scheduled to return, after which the
body may be disposed of in compliance with this ordinance.
2. The body shall be submitted to a licensed veterinarian who
shall perform a necropsy at the kennel operator's expense, unless prior
agreement has been made for payment of such services by the owner. A
copy of the necropsy report is to be given to the owner.
F. Animals shall not be group-housed at any time, unless they are
owned by the same person and are compatible.
G. If the owners of animals do not appear or contact the kennel or
cattery operator within seven days of their stated return time, the operator may
surrender the animal to the animal Control Officer for impoundment.
H. Boarding Records shall be maintained for a period of 12 months.
The record shall state the owner's name, address and telephone number,
expected duration of the stay, service to be provided, and owner's agent for
emergency contacts.
2.1-3.0170 GROOMING SHOP LICENSE.
A. Each licensee shall comply with all provisions of this Article and in
addition thereto, any specific Town, County, or State regulations relating to
grooming care.
B. Each licensee shall maintain its premises in a clean and sanitary
condition and must provide cages for each animal on the premises.
2.1-3.0172 ANIMAL SHELTER LICENSE
Each licensee shall operate the establishment so as to comply with all
requirements for a Commercial Animal Establishment, and all requirements
enumerated in 2.1-3.0165 B.
2.1-3.0175 IMPOUNDMENT OF ANIMALS.
A. Any animal taken by the Animal Control Officer and impounded, or
otherwise impounded, shall be confined in an animal shelter in a humane
manner. An impounded animal shall be kept for not less than seven days
unless it is claimed by the owner. If by a license tag or other means, the owner
December 10, 2012
Page 121
can be identified, the shelter manager shall, within 48 hours, Sundays and
Holidays excepted, notify the owner by telephone or mail, of the impoundment
of the animal.
B. Animals not claimed by their owners after the seven days, shall be
made available for adoption to suitable new homes. Those dogs and cats not
placed in suitable new homes after a reasonable length of time, or those animals
deemed as being unsuitable for adoption, may be humanely euthanized by the
Shelter Manager, or by an agency delegated by the Humane Society to exercise
that authority.
C. The owner of any animal which has been impounded pursuant to
this Article shall pay the Humane Society’s impoundment fees for that animal in
order to regain possession of their animal. This fee shall be set by the Humane
Society, with the approval of the Town and shall cover all costs involved in the
pick-up and impounding of said animal. Impoundment fees include all services
provided in connection with impounding an animal, including, but not limited
to, pick-up fees, boarding, veterinary care, necropsy, or destruction.
Impoundment fees must be paid by the owner of the animal, without regard to
whether the animal is retrieved by the owner, dies while impounded, is
abandoned by the owner. Failure to pay said fees when due is a violation of this
ordinance.
2.1-3.0180 ANIMAL BITES.
A. The owner of any dog, cat or other animal which has bitten any
person or other animal shall, upon demand of the Animal Control Officer,
Sheriff’s Department or Health Department, produce and surrender up such
dog, cat or other animal to such department to be held in quarantine for a
minimum of ten days. During quarantine the animal shall be securely confined
and kept from contact with any other animal.
B. An animal described in paragraph A., above, for which there is no
Current Rabies Vaccination Certificate must be quarantined at the owner’s
expense at the Animal Shelter or at a veterinary hospital of the owner's choice
for a minimum period of ten days.
C. An animal described in paragraph A., above, for which there is a
Current Rabies Vaccination Certificate may, at the discretion of the Animal
Control Officer, Sheriff Department or the Health Department, be held in
quarantine on the premises of the owner for a minimum period of ten days.
Failure on the part of the owner to obey all conditions and directions of the
Animal Control Officer, Sheriff and the Health Department pertaining to the
quarantine period shall result in the immediate impoundment of the animal in a
veterinary hospital for the remainder of the quarantine period.
D. No person shall fail to produce and surrender up any animal for
quarantine pursuant to this section.
2.1-3.0185 DANGEROUS AND VICIOUS DOGS.
A. No person shall own, harbor, keep or maintain any dangerous or
vicious dog in the Town.
B. No person shall bring into the Town, any dog which has been
deemed vicious or dangerous in another jurisdiction or any dog ordered
removed from another jurisdiction.
C. No person shall interfere with, or provide false information to the
Animal Control Officer or other official during the investigation or capture of a
December 10, 2012
Page 122
dangerous or vicious dog
D. An Animal Control Officer may impound any dog suspected of being
dangerous or vicious, for a period not to exceed 30 days or order the dog to be
removed from the Town.
E. Upon receipt of a written order to remove a dangerous or vicious
dog from an Animal Control Officer, the owner shall confine the animal
immediately if it is not impounded and comply with the removal order within
seven days.
F. An Animal Control Officer may destroy, or arrange for the
destruction of, a vicious dog with the consent of the dog owner or begin the
process to have the dog destroyed per pursuant to §174.02(3), Stats.
G. All orders of the Town shall be in writing and promptly served upon
the owner or mailed to the owner by Certified Mail at the owner’s last known
address
H. EXEMPTION. The provisions of this section shall not apply to dogs
owned by law enforcement agencies and used for law enforcement purposes
2.1-3.0190 MAD, VICIOUS, SUSPICION OF RABIES – QUARANTINE AND
DESTRUCTION.
A. No person shall harbor or keep any animal infected with rabies, or
any animal bitten by a rabid animal. No person shall fail to report to the Animal
Control Officer, Sheriff and the Health Department the existence of an animal
which is so infected. It shall be a defense to a charge of violating this paragraph
if the person did not know, and did not have reasonable cause to believe, that
the animal was infected with rabies or had been bitten by an animal infected
with rabies.
B. In all cases hereunder, if any dog, cat, or other domestic animal is
found to exhibit signs of rabies, it shall be destroyed and no person shall
interfere with the Town authorities or agents in carrying out their duties in this
regard. All expenses thus incurred shall be paid by the owner or the person
having custody of such dog, cat or other domestic animal.
C. Any dog, cat, or other domestic animal which has bitten any person
and which shows evidence of a current rabies inoculation shall be quarantined
at such place as designated by the health department for a minimum period of
ten days. The dog, cat, or other domestic animal shall be examined by a
licensed veterinarian within 24 hours of a quarantine notice and again on the
tenth day after the bite. If, in the opinion of the health department, the
vaccinated animal cannot be confined securely at the residence of its owner or
custodian, or exhibits signs of illness as determined by a licensed veterinarian,
the dog, cat, or other domestic animal shall be quarantined at a veterinary
hospital under the supervision of a licensed veterinarian.
D. Any dog, cat, or other domestic animal which has bitten any person
and which does not display evidence of rabies inoculation shall be quarantined
within 24 hours of the quarantine order at a veterinary hospital under the
supervision of a licensed veterinarian for a minimum of ten days. "Supervision
of a licensed veterinarian" includes, at a minimum, examination of the animal
on the first day of isolation and on the last day of isolation. If the veterinarian
certifies that the dog, cat, or other domestic animal has not exhibited any signs
of rabies, the animal may be released from quarantine at the end of the
observation period. After such period of time, such veterinarian shall report his
December 10, 2012
Page 123
or her determination or findings thereof in writing to the health department.
E. Any domesticated wild animal that has bitten any person,
including, but not limited to, wolf-dog hybrids, skunks and raccoons, shall be
immediately destroyed by a licensed veterinarian and the proper specimen from
the animal tested for rabies by the State Lab of Hygiene. All expenses connected
therewith shall be charged to the owner or custodian of the animal.
F. If a dog, cat, or other domestic animal is ordered to be quarantined
because there is reason to believe the animal has been exposed to a rabid
animal, and if the dog, cat, or other domestic animal is not currently immunized
against rabies, the custodian of an isolation facility or the owner shall keep the
animal leashed or confined for 180 days. The owner shall have the animal
vaccinated against rabies between 155 and 165 days after exposure to a rabid
animal.
G. If a dog, cat, or other domestic animal is ordered to be quarantined
because there is reason to believe the animal has been exposed to a rabid
animal, and if the dog, cat, or other domestic animal is immunized against
rabies, the custodian of an isolation facility or the owner shall keep the animal
leashed or confined for 60 days. The owner shall have the animal re-vaccinated
against rabies as soon as possible after exposure to a rabid animal.
H. No person, other than the Animal Control Officer or a Law
Enforcement Officer, shall kill or cause to be killed, any domesticated animal
suspected of being rabid. The animal suspected of being rabid shall be placed
in quarantine, and the diagnosis of rabies made by a licensed veterinarian. If a
veterinarian does diagnose rabies in an animal in quarantine, then the animal
shall be humanely euthanized and the head of such animal sent to a laboratory
for pathological examination and confirmation of the diagnosis.
2.1-3.0195 VACCINATION OF DOGS AND CATS.
A. The owner of a dog or cat shall have the animal vaccinated for
rabies by a licensed veterinarian on or before the date the animal reaches five
months of age.
B. An owner who imports an animal into Eau Claire County that has
reached five months of age must have a Current Rabies Vaccination Certificate
for the animal.
C. The owner of a dog or cat shall have the animal vaccinated for
rabies:
1. Within one year after initial vaccination; or
2. Before the date that the immunization expires, as stated on
the certificate; or
3. Within three years after the previous vaccination, if no date is
specified on the certificate.
2.1-3.0197 REVOCATION OF COMMERCIAL ANIMAL ESTABLISHMENT
LICENSE
A. If a Commercial Animal Establishment licensee is found guilty in
Circuit Court for Eau Claire County, Wisconsin, of violating any provision of this
Article or of violating any section of Chapter 951, Stats, an animal control officer
may commence revocation proceedings under this section. If any animal
control officer has probable cause to believe that a person who holds any
Commercial Animal Establishment license has violated any provision of this
Article, that animal control officer may commence revocation proceedings under
December 10, 2012
Page 124
this section.
B. Revocation proceedings are commenced by filing with the Clerk an
allegation that a licensee has been convicted of violating this article, or that
there is probable cause to believe that a licensee has violated any provision of
this Article, along with a written exposition of the basis for the allegation. If the
Clerk determines that the written exposition, if uncontested, contains probable
cause to believe that this Article has been violated by the licensee, the Clerk
shall schedule a public hearing before the Board to determine whether the
license should be revoked and mail a copy of the notice of hearing and the
allegation and exposition to the licensee. The hearing may be scheduled no
sooner than 15 days after the notice
C. The hearing shall be held in public, be recorded by electronic or
stenographic means, and shall be presided over by the Chair. The reporting
animal control officer shall present his or her testimony and evidence to the
Board, and may be assisted by an attorney who shall be compensated for that
service by the Town. The licensee may present any testimony and evidence to
the Board, and may be assisted by an attorney.
D. After the hearing, the Board by a majority vote, shall make findings
as to whether any provision of this Article or of any section of Chapter 951,
Stats, has been violated by the licensee. If the Board finds such a violation, it
shall determine whether the license shall be revoked, suspended, or restricted.
The licensee shall be notified within ten days in writing of the Board decision.
E. The proceedings of the hearing, including detailed findings of fact
and conclusions of law, and the decision of the Board shall be in writing and
entered as a matter of public record in the office of the Clerk. Such record shall
also include a copy of every notice and order issued in connection with the case.
In addition, the Board may employ a person capable of producing a verbatim
transcript of the proceeding.
F. Appeal. A person aggrieved by any decision of the Board made
under this Article, may, within 30 days after the filing of the decision in the
office of the Clerk, commence an action seeking the remedy available by
certiorari. The Board shall not be required to return the original papers acted
upon by it, but it shall be sufficient to return certified or sworn copies thereof.
If necessary for the proper disposition of the matter, the court may take
evidence, or appoint a referee to take evidence and report findings of fact and
conclusions of law as it directs, which shall constitute a part of the proceedings
upon which the determination of the court shall be made. The court may
reverse or affirm, wholly or partly, or may modify, the decision brought up for
review.
2.1-3.0198 ENFORCEMENT, PENALTIES AND FEES.
A. The Animal Control Officer or any person designated by the State of
Wisconsin, a municipal government, a humane society or any person authorized
by the Town is authorized to enforce the provisions of this ordinance
B. The penalty for violation of any portion of this Article shall be a
forfeiture of not less than $100 or more than $250 plus the cost of prosecution.
C. Any person who violates any part of this article more than two
times in any calender year shall forfeit an amount double the deposit set forth
in Subsection (B), above.
D. Each day that any violation of this ordinance continues shall be
deemed a separate offense.
December 10, 2012
Page 125
THIS PAGE LEFT BLANK
December 10, 2012
Page 126
THIS PAGE LEFT BLANK
December 10, 2012
Page 127
THIS PAGE LEFT BLANK
December 10, 2012
Page 128
THIS PAGE LEFT BLANK
December 10, 2012
Page 129
THIS PAGE LEFT BLANK
December 10, 2012
Page 130
TITLE 2 - COMMUNITY PROTECTION
DIVISION 1 - LAW ENFORCEMENT
CHAPTER 4 - BUILDING CONSTRUCTION
ARTICLE 1 - BUILDING CODE
2.1-4.0105 STATE STATUES ADOPTED. This article is adopted pursuant to
Sections 101.65 and 101.76 Wis. Stats, and includes all acts amendatory
thereof and supplementary thereto relative to one and two family dwellings and
outbuilding construction, restructuring, remodeling or tearing down are
adopted as a portion of this chapter as far as possible, exclusive of the penalty
provisions therein provided for which the penalties provided in this chapter of
the Municipal Ordinance shall be substituted, and except as otherwise lawfully
provided by the Town Ordinance.
2.1-4.0110 ADOPTION OF STATE CODE. That Wisconsin Administrative Code
Chapters COMM 20 - 25, The Wisconsin Uniform Dwelling Code as of January
1, 2011, with all amendments and provisions is adopted as part of this
ordinance with all changes past, present and future and all amendments
thereof.
2.1-4.0115 BUILDING INSPECTORS. That all Town Building Inspectors as
certified by the Wisconsin Department of Commerce and appointed by the
Board are hereby authorized and directed to administer and enforce all of the
provisions of the State Uniform Dwelling Code.
2.1-4.0120 BUILDING PERMIT REQUIRED. No person, firm, corporation or
partnership shall build, restructure, remodel, or tear down any one or two
family dwellings or out buildings without first obtaining a building permit for
such building from the Clerk as granted by the Board or from the Town
Building Inspector. Such building permit shall be furnished by the Town in
accordance with this ordinance.
2.1-4.0125 BUILDING PERMIT FEE. That before receiving a building permit,
the person, firm, corporation or partnership shall pay the fees listed in the Fee
Schedule at the end of this code.
2.1-4.0130 LOT SIZE, SETBACKS AND DISTANCE FROM LOT LINE. Except
as permitted in the Subdivision Code, lot size for new one and two family
residential buildings shall be a minimum of one and one half (1 ½) acres in size
with the frontage not less then one hundred feet (100'). Buildings must be set
back from any state, county, federal or town road right-of-way a minimum of
thirty feet (30') unless other wise controlled by the state or the county. No new
one or two family building or other structure or remodeled building shall be
built within ten feet (10') of any lot line unless other wise approved by the
Board.
December 10, 2012
Page 131
2.1-4.0135 LIQUID WASTE SEPTIC SYSTEM. All new one or two family
residential buildings shall have approved a primary and a secondary liquid
waste septic system equal to or exceeding that required by the State of
Wisconsin prior to building permit being issued.
2.1-4.0140 MANUFACTURED HOMES. As defined in Wis Stats, Chapter
101.91 (2) (a) and (b) as they relate to Chapters 101.90 to 101.96 shall be
granted a permit as a one or two family dwelling when all other sections
relevant to this ordinance are satisfied with exception to those sections or parts
of sections which refer to the State Uniform Dwelling Code (IND 20, 21, 22, 23,
24, 25).
2.1-4.0145 PERMIT-DISPLAY ON PREMISES. Every person in accordance
with the provisions of this section shall immediately post such permit and keep
the same posted while in force in a conspicuous place on the grounds where it
can be easily seen from the car passing upon a roadway. It is considered a
violation of this ordinance for anyone to knowingly deface, alter or destroy such
permit. Whenever a permit shall be lost or destroyed a duplicate permit in lieu
thereof under the original application my be issued by the Clerk or Building
Inspector when satisfied as to the facts relating thereto.
2.1-4.0150 REVOCATION AND SUSPENSION OF PERMIT. The Clerk by order
of the Board or the Town Building Inspector may revoke or suspend any permit
issued under this ordinance for violation of any section of this ordinance or for
violation of any provisions of the State Uniform Dwelling Code.
2.1-4.0155 PENALTY. Any person violating any of the provisions of this
chapter shall forfeit not less than $100.00 nor more than $250.00 and the cost
of prosecution for each offense and in default of payment of such forfeiture and
costs shall be imprisoned in the County Jail until the payment of such
forfeiture and costs of prosecution but not exceeding 30 days for each violation.
Each day of violation shall constitute a separate offense.
December 10, 2012
Page 132
TITLE 2 - COMMUNITY PROTECTION
DIVISION 1 - LAW ENFORCEMENT
CHAPTER 4 - BUILDING CONSTRUCTION
ARTICLE 2 - HOUSING CODE
2.1-4.0205 INTERPRETATION. The general provisions of Sections 2.1-4.0210
through 2.1-4.0230 shall apply in the interpretation and enforcement of the
ordinance codified in this chapter.
2.1-4.0210 DECLARATION OF NECESSITY. It is found that there exists and
may in the future exist within the Township, premises, dwellings, dwellings
units, rooming units, or parts thereof, which by reason of their structure,
equipment, sanitation, maintenance, use or occupancy affect or are likely to
affect adversely the public health, (including the physical, mental, and social
well-being of persons and families), safety and general welfare. To correct and
prevent the existence of such adverse conditions, and to achieve and maintain
such levels of residential environmental quality as will protect and promote
public health, safely and general welfare, it is further found that the
establishment and enforcement of minimum housing standards is required.
2.1-4.0215 PURPOSE. The purpose of the ordinance codified in this chapter is
to protect, preserve, and promote the physical and mental health and social
well-being of the people, to prevent and control incidence of communicable
diseases, to regulate privately and publicly owned dwellings for the purpose of
maintaining adequate sanitation and public health, and to protect the safety of
the people and to promote the general welfare by legislation which shall be
applicable to all dwellings now in existence or hereafter constructed. It is
further declared that the purpose of the ordinance codified in this chapter is to
insure that the quality of housing is adequate for protection of public health,
safety, and general welfare, including:
A. Establishment of minimum standards for basic equipment and
facilities for light, ventilation and thermal conditions, for safety from fire and
accidents, for the use and location and amount of space for human occupancy,
and for an adequate level of maintenance.
B. Determination of the responsibilities of owners, operators and
occupants of dwellings.
C. Provisions for the administration and enforcement thereof.
2.1-4.0220 SHORT TITLE. This chapter shall be known and may be cited as
the “Housing Maintenance Occupancy Code” of the Town, Eau Claire Co. WI.
December 10, 2012
Page 133
For provisions of general municipality law regarding housing authorities,
see WI ss 66.40; for provisions of general charter law authorizing cities to act for
the health, safety, morals and welfare fo their citizens, see WI ss 62.11(5).
2.1-4.0225 APPLICABILITY. The provision of this code shall apply to all
buildings used or designed or intended to be used for human habitation. Such
occupancies and uses in existing buildings may be continued if such use or
occupancy was legal at the time of adoption of this code, provided such
structures are not substandard and such continued use is not dangerous to
life. The decisions of the Health Official shall be subject to appeal to the Board
as herein provided.
2.1-40226 RELATION TO BUILDING CODE. Whenever the Housing Code and
the Building code impose similar requirements, the stricter of the two shall
apply. Whenever the Housing Code and the Building code are in conflict, the
Building Code shall apply.
2.1-4.0230 DEFINITIONS.
A. “Accessory Structure” means a detached structure subordinate to
the main or principal structure and located on the same lot, the use of which is
customarily incidental to the main building.
B. “Approved” means approved by the local or state authority having
such administrative authority.
C. “Ashes” means the residue from the burning of combustible
materials.
D. “Bathroom” means an enclosed space containing one or more
bathtubs or showers, or both, and which may also contain water closets,
lavatories, or fixtures serving similar purposes.
E. “Building” means any structure built for the support, shelter and
enclosure of person, animals, chattels, or movable property of any kind, and
which is permanently affixed to the land, or connected to a utility, and includes
those structures resting on runners, wheels, or similar supports.
F. “ Cellar” means that portion of a building partly underground and
having one-half or more of its interior clear height below average lot grade.
G. “Central Heating System” means a single system supplying heat to
one or more dwelling unit(s) or more than one rooming unit.
December 10, 2012
Page 134
H. “Court” means an open, uncovered, unoccupied space partially or
wholly surrounded by walls of a structure.
I. “Deterioration” means the condition or appearance of a building or
part thereof, characterized by breaks, holes, rot, crumbling, cracking, peeling,
rusting, or other evidence of physical decay or neglect, excessive use, or lack of
maintenance.
J. “Dilapidated” describes a building, structure or part thereof which
is in a state of ruin or shabbiness resulting from neglect. The term implies a
hazard to life or property.
K. “Dormitory” means a room in any dwelling used for sleeping
purposes by four or more unrelated persons.
L. “Dwelling” means any enclosed space which is wholly or partly used
or intended to be used for living, sleeping, cooking, and eating.
M. “Extermination” means the control and elimination of insects,
rodents or other pests by eliminating their harborage places; by removing or
making in accessible materials that may serve as their food; by poisoning,
spraying, fumigating, trapping or by any other recognized and legal pest
elimination methods approved by the local or state authority having such
administrative authority.
N. “Family” means one adult person plus one or more persons who are
legally related to said person and residing in the same dwelling unit with said
person.
O. “Flush Water Closet” means a toilet bowl flushed with water under
pressure with a water-sealed trap above the floor level. Such toilet bowl shall
have a smooth, easily cleanable surface.
P. “Garbage” means the animal and vegetable waste resulting from the
handling, preparation, cooking, serving and nonconsumption of food.
Q. “Grade” is the level of the finished surface of the ground adjacent to
the exterior walls of the building or structure.
R. “Guest” means any person who shares a dwelling unit in a non-
permanent status for not more than 30 days.
December 10, 2012
Page 135
S. “Habitable Room” means a room or enclosed floor space used or
intended to be used for living, sleeping, cooking eating purposes, excluding
bathrooms, water closet compartments, laundries, furnace rooms, pantries,
kitchenette and utility rooms of less than fifty square feet (50' ²), foyers, or
communicating corridors, stairways, closets, storage spaces, and workshops,
hobby and recreation areas in unsealed or uninsulated parts of structure below
ground level or in attics.
T. “Health Officer” means the Director of the Eau Claire City-County
Health department representative designated by him.
U. “Heated Water” means water heated to temperature of not less than
120 degrees Fahrenheit.
V. “Household” means a family and/or one or more unrelated persons,
who share the same dwelling and use some or all of its cooking and eating
facilities, including servants and not more than two boarders.
W. “Town of Union Board” is the board appointed to act on appeals
regarding this code.
X. “Infestation” means the presence within or around a dwelling of any
insects, rodents or other pests.
Y. “Insanitary Condition” is a condition constituting a danger or
hazard to the health of a person or persons occupying or frequent a building or
premises, or to the general public.
Z. “Kitchen” means any room containing any or all of the following
equipment, or area of a room within three feet (3') of such equipment: Sink
and/or other device for dish washing, stove or other device for cooking,
refrigerator or other device for cool storage of food, cabinets and/or shelves for
storage of equipment and utensils, and counter or table for food preparation.
AA. Meaning of Certain Words. Whenever the words “dwelling”,
“dwelling unit”, “rooming house”, “rooming units”, “premises”, and “structure”
are used in this chapter they shall be construed as though they were followed
by the words “or any part thereof”. Words used in the singular include the
plural, and the plural the singular. The masculine gender includes the feminine
and the feminine the masculine.
AB. “Multiple Dwelling” means any dwelling containing more than two
December 10, 2012
Page 136
dwelling units and/or rooming units.
AC. “Occupant” means any person, over one year of age, living,
sleeping, cooking or eating in, or actually having possession of a dwelling unit
or a rooming unit, except that in dwelling units a guest will not be considered
an occupant.
AD. “Operator” means any person who has charge, care, control or
management of a building, or part thereof, in which dwelling units or rooming
units are let.
AE. “Ordinary Maximum Summer Conditions” means a temperature of
92 degrees Fahrenheit.
AF. “Ordinary Minimum Winter Conditions” means a temperature of
minus 21 degrees Fahrenheit.
AG. “Owner” means any person who, alone or jointly or severally with
others:
1. Shall have legal title to any dwelling or dwelling unit, with or
without accompanying actual possession thereof; or
2. Shall have charge, care or control of any dwelling or dwelling
unit, as own or agent of the owner, or an executor, administrator, trustee
or guardian of the estate fo the owner. Any such person thus
representing the actual owner shall be bound to comply with the
provisions of this chapter and of rules and regulations adopted pursuant
thereto, to the same extent as if he were the owner.
AH. “Permissible Occupancy” means the maximum number or persons
permitted to reside in a dwelling unit or rooming unit.
AI. “Person” means and includes any individual, firm, corporation,
association or partnership.
AJ. “Plumbing” means and includes all of the following supplied
facilities and equipment: gas pipes, gas burning equipment, water pipes,
garbage disposal units, waste pipes, water closets, sinks, installed dishwashers,
lavatories, bathtubs, shower baths, installed clothes washing machines, catch
basins, drains, vents, and any other similar supplied fixtures, together with all
connections to water, sewer or gas lines.
December 10, 2012
Page 137
AK. “Privacy” means the ability of a person or persons to carry out an
activity commenced without interruption or interference, either by sight or
sound, by unwanted persons.
AL. “Premises” means a platted lot or part thereof or unplatted lot or
parcel of land or plot of land, either occupied or unoccupied by a dwelling or
non-dwelling structure and includes any such building, accessory structure or
other structure thereon.
AM. “Public” means an area open to the public.
AN. “Resident” means a resident of the Town.
AO. “Refuse” means all putrescible and nonputrescible solids (except
body wastes) including garbage, rubbish, ashes and dead animals.
AP. “Room” is a space within an enclosed building, and set aside from
other rooms or space by a permanent partition or partitions.
AQ. “Recreation Room” is a game or recreation room such as is
frequently built in a cellar or basement.
AR. “Rooming house” means any dwelling or that part of any dwelling
containing one or me rooming units, and/or one or more dormitory rooms. For
the purpose of this code, “Rooming house” includes a dwelling unit occupied by
more than four persons who are not legally related.
AS. “Rooming Unit” means any room or group of rooms forming a single
habitable unit used or intended to be used for living and sleeping, but not for
cooking purposes.
AT. “Rubbish” means nonputrescible solid wastes (excluding ashes)
consisting of either:
1. Combustible wastes such as paper, cardboard, plastic
containers, yard clippings, and wood; or
2. Noncombustible wastes such as tin cans, glass or crockery
December 10, 2012
Page 138
AU. “Space Heater” means a self-contained heating appliance of either
the circulating type or the radiant type and intended primarily to heat only one
room.
AV. “Storage” means an item or items or materials intended for use at a
subsequent time in another location.
AW. “Substandard Building” means all buildings used for purposes of
human habitation which do not confirm to the minimum standards established
by this chapter and by any other provisions of this code or other ordinances.
AX. “Temporary Housing” means any tent, trailer, mobile home, or any
other structure used for human shelter which is designed to be transportable
and which is not attached to the ground, to another structure, or to any utility
system on the same premises for more than 30 consecutive days.
AY. “Ventilation” means the process of supplying and removing air, by
natural or mechanical means, to or from any space.
AZ. “Water Closet Compartment” means an enclosed space containing
one or more water closets and one or more lavatories, and which may also
contain urinals and other plumbing fixtures.
BA. “Abandoned Dwelling” means a dwelling which is not occupied and
which is not intended by the owner to be occupied within a reasonable period of
time. A dwelling shall be presumed to be abandoned if it is unoccupied for a
period of 12 consecutive months. Occupancy required hereunder shall be bona
fide and not acquired for the sole purpose of defeating the abandonment of a
dwelling.
BB. “Vacant Dwelling” means a dwelling which is unoccupied for a
temporary period of time, less than 12 consecutive months and is intended by
the owner to be occupied in the future, provided that such occupancy is bona
fide and not to be acquired for the sole purpose of defeating the vacancy of the
dwelling.
BC. “Asbestos” is the term used for a group of naturally occurring
minerals that separate into fibers which are mined and milled for commercial
use.
BD. “Friable Asbestos” means asbestos-containing material which can
be crumbled, pulverized, or reduced to powder in the hand, readily releasing
fibers with minimal mechanical disturbance.
December 10, 2012
Page 139
BE. “Unobstructed Means of Egress” means that the exit is accessible
from a common use are such as a hallway, living room, or kitchen, or, if the
same is not available, from a bedroom or other area which is accessible to all
occupants, that the exit is not in such a location as to become easily
obstructed, and that the exit remains readily available for egress and not
obstructed at all times.
2.1-4.0235 DWELLING UNIT MINIMUM REQUIREMENTS.
A. No person shall occupy as owner-occupant or let to another for
occupancy any dwelling unit, for the purpose of living, sleeping, cooking or
eating therein, which does not comply with the following requirements.
B. Potable water from an approved source shall be available at all
times in residential buildings, at a pressure which is adequate for normal
human requirements. All sources of domestic water shall meet Wisconsin
Department of Health Standards for potability. The domestic water supply
system of the building shall be connected to such approved source and shall not
be subject to contamination. All potable water supply piping and fittings for
each plumbing fixtures shall be installed in such a manner that backflow or
back siphonage cannot occur. Backflow connections shall not be permitted
between the piping system carrying potable water and any piping system or
plumbing equipment carrying nonpotable water or water-borne waste. (All
drinking fountains provided in any building or on any premises shall comply
with the requirements of the State Plumbing Code.)
C. Every dwelling unit shall contain a kitchen sink in good working
condition and properly connected to a water and sewer system approved by the
Health Officer.
D. Every dwelling unit shall contain which affords privacy to person
with said room and which is equipped with a flush water closet and a lavatory
basin in good working condition and properly connected to a water and sewer
system approved by the Health Officer.
E. Every dwelling unit shall contain, within a room which affords
privacy to a person within said room, a bathtub or shower in good working
condition and properly connected to a water and sewer system approved by the
Health Officer.
F. Every kitchen sink, lavatory basin, and bathtub or shower required
under the provisions of this section shall be properly connected with hot and
cold water lines which provide pressure which is adequate for normal human
requirements.
December 10, 2012
Page 140
G. Every dwelling unit shall be supplied with adequate rubbish storage
facilities, the type and location of which are approved by the Health Officer.
H. Every dwelling unit shall have adequate garbage disposal facilities
or garbage storage containers, the type and location of which are approved by
the Health Officer.
I. Every dwelling shall have supplied water heating facilities which are
properly installed, are maintained in safe and good working condition, are
properly connected with the hot water lines required under the provision of
Subsection F, and are capable of heating water to such a temperature as to
permit and adequate amount of water to be drawn at every required kitchen
sink lavatory basin, bathtub or shower at a temperature of not less than 120
degrees Fahrenheit. Such supplied water heating facilities shall be capable of
meeting the requirements of this subsection when the dwelling or dwelling unit
heating facilities required under the provisions of Subsection F are not in
operation.
J. Every dwelling unit shall have access to two or more safe,
unobstructed means or egress with minimum head room of six feet four inches
(6'4"), leading directly to safe and open space at ground level, or as otherwise
provided by the law of this state and the Town. Dwelling units which are above
the first story will be permitted to use a secondary exit which utilizes a flat roof
deck or platform supported by columns or brackets, and is provided with a
three foot six inch (3'6") high protective rail together with two uniformly spaced
intermediate rails. Railings on platforms subject to use by children shall have
intermediate rails or an ornamental pattern designed to prevent the passage of
an object with a diameter larger than nine inches (9"). This platform shall
comply with the regulations contained in Wisconsin Administrative Code Ind.
51.20 (3) and (4) which in part requires that it be of wrought iron, soft steel or
medium steel construction. The floor of the platform or roof edge may not
exceed an elevation of ten feet zero inches (10'0") above the ground.
K. Structurally Sound handrails shall be provided on any steps
containing four risers or more and on the open sides of all such stairways with
a vertical rise of more than three feet (3'). All openings between handrails and
stairways shall be protected by an intermediate rail at mid height or equivalent
unless the stairway is subject to use by children in which case it shall have rails
designed to prevent the passage of an object with a diameter larger than nine
inches (9"). Porches, balconies and other elevated platforms located more than
two feet (2') higher than the adjacent areas shall have structurally sound
protective guardrails forty-two inches (42") high and, in unenclosed,
intermediate rails or balusters as specified in Subsection J above. Protective
guardrail within individual dwelling units may be a minimum of thirty-six
inches (36") in height.
December 10, 2012
Page 141
2.1-4.0240 RETALIATORY EVICTION PROHIBITED. No tenancy upon any
premises subject to the provisions of this chapter may be terminated by a
landlord for the sole reason that the tenant whose tenancy is proposed to be
terminated has reported an actual and existing violation of this chapter to the
proper code enforcement authorities.
2.1-4.0245 LIGHT, VENTILATION AND HEATING MINIMUM STANDARDS.
No person shall occupy as owner-occupant or let to another for occupancy any
dwelling or dwelling unit, for the purpose of living therein, which does not
comply with the following requirements:
A. Every habitable room shall have at least one window or skylight
facing directly to the outdoors. The minimum total window area, measured
between stops, for every habitable room shall be eight percent of the floor area
of such room. Whenever walls or portions of structures face a window or any
such room and such light obstruction structures are located less than three feet
(3') from the window and extended to a level above that of the ceiling of the
room, such window shall not be deemed to face directly to the outdoors and
shall not be included as contributing to the required minimum total window
area. Whenever the only window area of such skylight shall equal at least
fifteen percent of the total floor area of such room, or adequate artificial light
shall be provided if window areas do not comply with the above requirements.
B. Every habitable room shall have at least one window or skylight
which can easily be opened, or such other device as will adequately ventilate the
room. The total of operable window or exterior door area in every habitable
room shall be equal to at least forty-five percent of the minimum window size or
minimum skylight-type window size, as required in Subsection A, except where
there is supplied some other device affording adequate ventilation and approved
by the Health Officer.
C. Every bathroom and water closet compartment shall comply with
the light and ventilation requirements for habitable rooms contained in
Subsection A and B, except that no window or skylight shall be required in
adequately ventilated bathrooms and water closet compartments equipped with
a ventilation system in working condition which is approved by the Health
Officer.
D. Every dwelling unit shall be supplied with electrical service, wiring,
outlets and fixtures which shall be properly installed and shall be maintained in
good and safe working condition. The following requirements shall be
applicable to all dwelling units:
1. Every bathroom, bedroom, water closet compartment,
kitchen, dining room, living room, laundry room, furnace room, hall,
stairway and exterior entrance shall have at least one approved wall or
December 10, 2012
Page 142
ceiling light fixture capable of providing no less than five foot candles at
floor level in the center of the room. A switched outlet may be substituted
for a light fixture in bedrooms, living rooms and dining rooms.
2. A minimum number of duplex electric convenience outlets
shall be provided as follows:
a. Kitchen and living room-three each room with at least
one outlet serving the food preparation area.
b. Bedrooms-one duplex outlet per occupant of the
bedroom, with a minimum of two outlets per bedroom.
c. Every habitable room not listed in a and b shall have at
least two separate duplex convenience outlets; or one such duplex
convenience outlet and supplied ceiling or wall light fixture.
3. Branch circuits shall be protected by circuit breakers, or by
S- type or equivalent safety type, tamper proof fuses not to exceed the
amp capacity of the smallest wire in the circuit.
4. No duplex electric convenience outlet shall serve more than
two fixtures or appliances.
E. Every dwelling shall have heating facilities which are properly
installed, are maintained in safe and good working condition, and are capable of
safely and adequately heating all habitable rooms, bathrooms and water closet
compartments in every dwelling unit located therein to a temperature of at least
70 degrees Fahrenheit at a distance three feet (3') above floor level, under
ordinary minimum winter conditions.
F. Every public hall and stairway in every multiple dwelling shall be
adequately lighted at all times as determined by the Health officer. Every public
hall and stairway in structures devoted solely to dwelling occupancy and
containing not more than four dwelling units may be supplied with conveniently
located light switches, controlling an adequate lighting system approved by the
Health Officer, which may be turned on when needed, instead of full time
wiring.
G. From approximately May 1 to September 30 doorways and
st th
windows shall meet the following:
December 10, 2012
Page 143
1. Every doorway used or intended to be used for ventilation
and opening directly from a dwelling, dwelling unit, or a rooming unit to
outside space shall have supplied properly fitting screens having at least
16-gauge mesh and be provided with a self closing device.
2. Every window or other device with openings to outdoor space
used or intended to be used for ventilation, shall be supplied with screens
having at least 16-gauge mesh.
H. Every basement or cellar window used or intended to be used for
ventilation and every other opening to basement which might provide an entry
for rodents, shall be supplied with a screen or such other device as will
effectively prevent their entrance.
I. From November 1 to March 31 every window serving a habitable
st st
room shall be provided with storm windows, except insulated windows need not
be provided with storm windows. Each exterior door other than a solid core or
insulated door, shall be supplied with a storm door. All such storm windows
and doors shall be maintained in reasonably good repair and shall be
reasonably weathertight.
2.1-4.0250 SAFETY AND SANITARY FACILITIES MAINTENANCE. No person
shall occupy as owner-occupant or let to another for occupancy dwelling or
dwelling unit, for the purpose of living therein, which does not comply with the
following requirements:
A. Every foundation, floor, wall, ceiling and roof shall be reasonably
weather tight, structurally sound, watertight and rodent proof; shall be capable
of affording privacy; and shall be kept in good repair.
B. Every window, exterior door and basement hatchway shall be
reasonably weather tight, watertight and rodent proof; and shall be kept in
sound working condition and good repair.
C. Every inside and outside stair, every porch and every appurtenance
thereto shall be so constructed as to be safe use and capable of supporting the
load that normal use may cause to be placed thereon; and shall be kept in
sound condition and good repair.
D. Every plumbing fixture and water and waste pipe shall be properly
installed and maintained in good sanitary working condition, free from defects,
leaks and obstructions.
December 10, 2012
Page 144
E. Every water closet compartment floor surface and bathroom floor
surface shall be constructed and maintained so as to be reasonably impervious
to water and so at to permit such floor to be easily kept clean and in sanitary
condition.
F. Every supplied facility, piece of equipment or utility which is
required under this chapter, including interior doors, shall be so constructed or
installed that it will function safely and effectively, and shall be maintained in
satisfactory working condition and in good repair.
G. No owner, operator or occupant shall cause any service, facility,
equipment or utility which is required under this chapter to be removed from or
shut off from or discontinued for any occupied dwelling let or occupied by him,
except for such temporary interruption as may be necessary while actual
repairs or alterations are in process, or during temporary emergencies when
discontinuance of service is approved by the Health Officer.
H. No owner shall occupy or let to any other occupant any vacant
dwelling unit unless it is clean, sanitary and fit for human occupancy.
I. In all dwellings, dwelling units, or rooming units where lead in
excess of one half percent by weight is established for painted surfaces or any
other surface in any other surface in any other item in the home, it shall be
removed or made inaccessible. In every inspection of a dwelling, dwelling unit
or rooming unit conducted by the Health Officer, they shall inspect the presence
of lead-based substances in or upon exposed surfaces and may remove samples
necessary for laboratory analysis.
J. Owners of rental property who supply a stove or stoves or similar
service for cooking food, or a refrigerator or refrigerators for the safe storage of
food, or both, shall assure the same are properly installed and in good repair
such that they may be maintained for safe and sanitary operation. All food
preparation areas and supplied furniture in rental property shall be in
reasonably good condition.
K. In every inspection of dwelling, dwelling unit or rooming unit
conducted by the Health Officer, he shall inspect for the presence of friable
asbestos-containing material and may remove samples necessary for laboratory
analysis. Where asbestos-containing material is found to be present and in
such condition that asbestos fibers are or may be released to the adjacent
environment, the asbestos- containing material shall be removed or repaired.
1. Removal, repair, and disposal of asbestos- containing
material shall follow federal, state and local rules and/or guidelines.
Plans detailing corrective procedures to comply with the health
December 10, 2012
Page 145
department orders regarding asbestos shall be submitted to the health
department prior to initiating the corrective measures.
2. Where asbestos-containing materials are sued to insulate
pipes and/or boilers, the phrase “caution asbestos” shall be painted or
otherwise securely affixed on the boiler and on at least one of the
insulated pipes in letters not less than one inch (1") in height, in
contrasting colors with the background material and be easily visible.
2.1-4.0255 MINIMUM FLOOR SPACE-LOT USE REQUIREMENTS. No person
shall occupy or let to another for occupancy any dwelling or dwelling unit, for
the purpose of living therein, which does not comply with the following
requirements:
A. Every dwelling unit shall contain at least one hundred and fifty
square feet (150' ²) of floor space for the first occupant thereof and at least one
hundred additional square feet (100'²) of floor space for every additional
occupant thereof, the floor space to be calculated on the basis of total habitable
room area.
B. In every dwelling unit of two or more rooms, every room occupied
for sleeping purposes by one occupant shall contain at least seventy square feet
(70' ²) of floor space, and every room occupied for sleeping purposes by more
than one occupant shall contain at least fifty square feet (50' ²) of floor space for
each occupant thereof over 12 years of age and at least thirty square feet (30' ²)
for each occupant 12 years of age and under.
C. No dwelling unit containing two or more sleeping rooms shall have
such room arrangements that access to a bathroom or water closet
compartment intended for use by occupants of more than one sleeping room
can be had only by going through another sleeping room unless the other room
passed through is occupied by persons 12 years of age or under; nor shall room
arrangements be such that access to a sleeping room can be had only by going
through another sleeping room unless other room passed through occupied by
person 12 years of age or younger; nor shall room arrangements be such that
access to a sleeping room can be had only by going through a bathroom or
water closet compartment.
D. At least one-half of the floor area of every habitable room shall have
a ceiling height of at least seven feet (7'); and the floor area of that part of any
room where the ceiling height is less than five feet (5') shall not be considered as
part of the floor area in computing the total floor area of the room for the
purpose of determining the maximum permissible occupancy thereof.
E. In multiple dwellings, the occupancy of rooms below grade shall be
December 10, 2012
Page 146
in compliance with state law. This requirement is that no rooms below grade
shall be used for living or sleeping unless they were used as such before the
adoption of the state regulations. In one and two family dwellings no space
located partially or totally below grade shall be used as a habitable room of a
dwelling unit unless:
1. The floor and those portions of the wall below grade are of
waterproof and dampproof construction;
2. The minimum window area is equal to at least that required
in Section 2.1-4.0245 A; and such window area is located entirely above
the grade of the ground adjoining the window area, or if windows are
located wholly or partly below grade, there is constructed a properly
drained window well, the open area of which is equal to or greater than
the area of the masonry opening for the window, the bottom of the
window well is below the top of the impervious masonry construction
under this window and the minimum horizontal dimension of the window
well is greater than the depth of the well; except where there is supplied
adequate artificial illumination;
3. The total openable window area in each room is equal at least
to that required in Section 2.1-4.0245 B or meets the ventilation
requirements of said section;
4. There are no pipes, ducts or other obstructions less than six
feet five inches (6'5") above the floor level which interfere with the normal
use of the room area;
5. There are two doorway-type exits provided therefrom;
6. In case of a recreation room used for recreational and other
temporary occupancies only the requirements of 2, 3 and 5 do not apply.
2.1-4.0260 RESPONSIBILITIES OF OWNERS AND OCCUPANTS.
A. Every owner of a dwelling containing two more dwelling units shall
be responsible for maintaining in a clean and sanitary condition the shared or
public area of the dwelling and premises thereof.
B. Every occupant of a dwelling or dwelling unit shall keep in a clean
and sanitary condition that part of the dwelling, dwelling unit and premises
thereof which he occupies and controls.
December 10, 2012
Page 147
C. Every occupant of a dwelling or dwelling unit shall dispose of all his
rubbish in a clean and sanitary manner by placing it in the rubbish containers
required by Subsection 2.1-4.0235 G.
D. Every occupant of a dwelling or dwelling unit shall dispose of all his
garbage and any other organic waste which might provide food for rodents, in a
clean and sanitary manner, by placing it in the garbage disposal facilities or
garbage storage containers required by Section 2.1-4.0235 H. It shall be the
responsibility of the owner to supply such facilities or containers for all dwelling
units in a dwelling containing more than two dwelling units and for all dwelling
units located on premises where more than two dwelling units share the same
premises. In all other cases it shall be the responsibility of the occupant to
furnish such facilities or containers.
E. Every occupant of a dwelling or dwelling unit shall be responsible
for hanging all screens, storm windows or storm doors whenever the same are
required under the provisions of this chapter or of any rule or regulation
adopted pursuant thereto, except the owner shall be responsible where he or
she has agreed to supply such services, or where the dwelling unit is above the
first floor, or where the dwelling unit is a licensed rooming house.
F. Every occupant of a dwelling containing a single dwelling unit shall
be responsible for the extermination of any insects, rodents or other pests
therein or on the premises; and every occupant of a dwelling unit in a dwelling
containing more than one dwelling unit shall be responsible for such
extermination whenever his dwelling unit is the only one infested.
Notwithstanding the foregoing provisions of this subsection, whenever
infestation is caused by failure of the owner to maintain a dwelling in a rat-proof
or reasonably insect-proof condition, extermination shall be the owner.
Whenever exists in two or more of the dwelling units in any dwelling, or in the
shared or public parts of any dwelling containing two or more dwelling units,
extermination thereof shall be the responsibility of the owner.
G. Every occupant of a dwelling unit shall keep all plumbing fixtures
therein in a clean and sanitary condition and shall be responsible for the
exercise of responsible care in the proper use and operation thereof.
2.1-4.0265 EFFICIENCY APARTMENTS. Nothing in this code shall prohibit
the use of an efficiency living unit meeting the following requirements:
A. Such efficiency living shall have for general living purposes, not less
than two hundred and twenty square feet (220' ²) of floor area. An additional
one hundred square feet (100' ²) of superficial floor area shall be provided for
each occupant of such unit in excess of two.
December 10, 2012
Page 148
B. Such efficiency living unit shall be provided with a kitchenette not
less than fifteen square feet (15' ²) in size and shall be equipped and arranged
for complete kitchen use which can be considered as part of total habitable
area.
C. Such efficiency living unit shall be provided with separate bathroom
meeting the requirements of this code.
2.1-4.0270 HEALTH OFFICER-INSPECTIONS DUTIES.
A. The health officer is authorized and directed to make inspections
pursuant to the plans for inspection authorized by this chapter or in response
to a complaint that an alleged violation of the provisions to this chapter or of
applicable rules or regulations pursuant thereto has been committed; or when
the health officer has valid reason to believe that a violation of this chapter or
any rules and regulations pursuant thereto has been committed. If violations
are found to exist the procedure of enforcement stated in Sections 2.1-4.0275
through 2.1-4.0295 inclusive shall also apply to such violations.
B. The health officer is authorized to enter and inspect all dwellings,
dwelling units, rooming houses, rooming units, and dormitory rooms subject to
the provisions of this chapter between the hours of eight a.m. and five p.m.
(except Sundays and holidays), for the purpose of determining whether there is
compliance with its provisions. He shall give the occupant thereof, or if there is
none, then the owner thereof not less than 24 hours’ notice of his intent to
inspect the premises and may then make his inspection only if he is given
permission to do so. In the absence of such permission, he shall obtain a
search warrant before entering the premises.
However, if delay in inspection would pose a serious and imminent threat
to human life, health or property, he may enter the premises without such
permission or notice and with or without a search warrant as the circumstances
may prescribe.
The 24 hour notice requirement may be waived by the occupant, or if
there is none, the owner.
C. The health officer is hereby authorized to inspect the premises
surrounding dwellings, dwelling units, rooming houses, rooming units, and
dormitory rooms subject to this chapter for the purpose of determining whether
there is compliance with its provisions.
D. The health officer and the owner, occupant or other person in
charge of dwelling, dwelling unit, rooming house or dormitory rooms subject to
this chapter may agree to an inspection by appointment at a time other than
the hours provided by this chapter.
December 10, 2012
Page 149
E. The owner, occupant or other person in charge of a dwelling,
dwelling unit, rooming unit, rooming house or dormitory room upon
representation by the health officer of proper identification, a copy of any
relevant plan of inspection pursuant to which entry is sought, and a schedule of
the specific areas and facilities to be inspected shall give the health officer entry
and free access to every part of the dwelling unit, rooming unit or dormitory
room to the premises surrounding any of these except as noted in Subsection B
above.
F. The health officer shall keep confidential all evidence not related to
the purpose of this chapter and any rules and regulations pursuant thereto
which he may discover in the course of the inspection. Such evidence shall be
considered privileged, and consent shall not be admissible in any judicial
proceeding, without the consent of the owner, occupant, or other person in
charge of the dwelling unit or rooming unit so inspected.
G. If any owner, occupant, or other person in charge of a dwelling,
dwelling unit or rooming unit, or a multiple dwelling or rooming house subject
to the provisions of the Housing Code, refuses, impedes, inhibits, interferes
with, restricts, or obstructs entry and free access to every part of the structure
or premises where inspection authorized by this chapter is sought, the health
officer may seek in a court of competent jurisdiction an order that such owner,
occupant or other person in charge cease and desist with such interference.
2.1-4.0275 ENFORCEMENT-NOTICES, ORDERS AND HEARINGS.
A. Whenever the health officer determines that there are reasonable
grounds to believe that there has been a violation of any provisions of this
chapter or of any rule or regulation adopted pursuant thereto, he shall give
notice of such alleged violation to the person of persons responsible therefor, as
hereinafter provided. Such notice shall:
1. Be put in writing;
2. Include a statement of the reasons why it is being issued;
3. Allow a reasonable time for the performance of any act it
requires;
4. Be served upon the owner or his agent, or the occupant, as
the case may require: Provided that such notice shall be deemed to be
properly served upon such owner or agent, or upon such occupant, if a
copy thereof is served upon him personally; or if a copy thereof is sent by
December 10, 2012
Page 150
certified mail to his last known address; or if a copy is posted in a
conspicuous place in or about the dwelling affected by the notice; or if he
is served with such notice by any other method authorized or required
under the laws of this state. Such notice may;
5. Contain an outline of remedial action which, if taken, will
effect compliance with the provisions of this chapter and with the rules
and regulations adopted pursuant thereto.
B. Any person affected by any notice which has been issued in
connection with the enforcement of any provisions of this chapter or any rule or
regulation adopted pursuant thereto, may request and shall be granted a
hearing on the matter before the Board. Such person shall file with the health
office a written petition requesting such a hearing setting forth a brief statement
of the grounds thereof within ten days of the day the notice was served. Upon
receipt of such petition the health officer shall advise the Chair, who shall set a
time and place for such a hearing, which shall be within ten days, or as soon
thereafter as the matter may be heard by the Board, and shall give the
petitioner written notice thereof. At such a hearing the petitioner shall be given
an opportunity to be heard and to show why such notice should be modified or
withdrawn.
C. After such hearing the Board may sustain. modify or withdraw
such notice, depending upon its finding as to whether the provision of this
chapter and the rules and regulations adopted pursuant thereto have been
violated. The Board shall be guided by a policy of reasonable compliance in
order to promote the public health and may at its discretion permit exceptions
to provisions of this chapter so long as such exceptions are not contrary to the
spirit of the chapter as a whole.
D. The proceedings at such hearing, including the findings and
decisions of the Board shall be summarized, reduced to writing and entered as a
matter of public record in the office of the Clerk. Such shall also include a copy
of every notice or order issued in connection with the matter. Any person
aggrieved by the decision of the Housing Advisory Board may seek relief
therefrom in any court of competent jurisdiction as provided by the laws of this
state.
E. Whenever the health officer finds that an emergency exists which
requires immediate action to protect the public health he may, without notice or
hearing, issue and order reciting the existence of such an emergency and
requiring that such action be taken as he deems necessary to meet the
emergency. Notwithstanding the other provisions of this chapter, such order
shall be effective immediately. Any person to whom such order is directed shall
comply therewith immediately, but upon petition to the Board shall be afforded
a hearing as soon as possible. After such hearing, depending upon his finding
as to whether the provisions of this chapter and the rules and regulations
December 10, 2012
Page 151
adopted pursuant thereto have been complied with, the health officer shall
continue such order in effect, or modify it or revoke it.
2.1-4.0280 HOUSING APPEARANCE.
A. MINIMUM STANDARDS. No person shall occupy as owner-
occupant or shall let or hold out to another for occupancy, any dwelling of
family unit, for the purpose of living therein, or own or be in control of any
vacant dwelling or dwelling unit which is not safe, sanitary, and fit for human
occupancy, and which does not comply with the particular requirements of the
following sections.
B. FOUNDATIONS, EXTERIOR WALLS, AND ROOFS. No person shall
occupy as owner-occupant or let to another for occupancy any dwelling or
dwelling unit, for the purpose of living therein, or own or be in control of any
vacant dwelling unit, which does not comply with the following requirements:
1. Every exterior wall shall be free of deterioration, holes,
breaks, loose or rotting boards or timbers.
2. Structures that require paint or stain, or that have been
painted or stained, should have paint or stain applied at regular intervals
to exterior building surfaces. When the building has more than thirty
percent deterioration of its finished surface on any wall, that wall shall be
painted or stained. Such painting and staining shall be completed within
90 days from the date of the first application.
3. All cornices, moldings, lintels, sills, oriel windows, and
similar projections shall be kept in good repair and free from cracks and
defects which make them hazardous or unsightly.
4. Roof surfaces shall be tight and have no defects which admit
water. All roof drainage systems shall be secured and hung properly.
5. Chimneys, antennas, air vents, and other similar projections
shall be structurally sound and in good repair. Such projections shall be
secured properly, where applicable, to an exterior wall or exterior roof.
C. GRADING AND DRAINAGE OF LOTS. Every yard, court, vent
passageway, driveway, and other portion of the lot on which the dwelling stands
shall be graded so as to prevent the accumulation of water on any such surface
or on adjacent property. Driveways shall be maintained in good repair.
December 10, 2012
Page 152
D. ACCESSORY STRUCTURES. All accessory structures shall be
maintained in a state of good repair and vertical alignment. All exterior
appurtenances or accessory structures which serve no useful purpose and are
in a deteriorated condition, which are not economically repairable, shall be
removed. Such structures include, but shall not be limited to: porches,
terraces, entrance platforms, garages, driveways, carports, walls, fences and
miscellaneous sheds.
E. ABANDONED DWELLINGS. The owner of any abandoned dwelling
or his authorized agent shall:
1. Cause all services and utilities to be disconnected from or
discontinued to said dwelling;
2. Lock all exterior doors and windows of said dwelling;
3. Maintain such dwelling so that its foundation, floors,
windows, walls, doors, ceiling, roof, porches and stairs shall be
reasonably weather tight, waterproof, rodent proof, structurally sound,
and in good repair such that they comply with Section 2.1-4.0280 B of
this chapter, and
4. Maintain the yard and accessory structures such that they
comply with Section 2.1-4.0280 C and D of this chapter.
F. NUISANCES. The interior and exterior of vacant and abandoned
dwellings shall be maintained in a nuisance-free condition.
2.1-4.0285 UNFIT DWELLINGS-CONDEMNATION PROCEDURE. The
designation of dwellings or dwelling units as unfit for human habitation and the
procedure for the condemnation of such unfit dwellings or dwelling units shall
be carried out in compliance with the following requirements:
A. Any dwelling or dwelling unit which shall be found to have any of
the following defects shall be condemned as unfit for human habitation and
shall be so designated and placarded by the health officer:
1. One which is so damaged, decayed, dilapidated, insanitary,
unsafe, or vermin infested that it creates a serious hazard to the health of
safety of the occupants or of the public;
2. One which lacks illumination, ventilation, or sanitation
December 10, 2012
Page 153
facilities adequate to protect the health of safety of the occupants or of the
public;
3. One which because of its general condition or location is
insanitary or otherwise dangerous, to the health or safety of the
occupants or of the public.
B. Any dwelling or dwelling unit condemned as unfit for human
habitation and so designated and placarded by the health officer, shall be
vacated within a reasonable time as ordered by the health officer.
C. No dwelling or dwelling unit which has been condemned and
placarded as unfit for human habitation shall again be used for human
habitation until written approval is secured form, and such placard is removed
by, the health officer. The health officer shall remove such placard whenever
the defect of defects upon which the condemnation and placarding action were
based have been eliminated.
D. No person shall deface or remove the placard from any dwelling or
dwelling unit which has been condemned as unfit for human habitation and
placarded as such, except as provided in Subsection C.
E. Any person affected by any notice or order relating to the
condemning and placarding of a dwelling or dwelling unit as unfit for human
habitation may request and shall be granted a hearing on the matter before the
Board, under the procedure set forth in Section 2.1-4.0275.
2.1-4.0290 VIOLATION-PENALTY. Any person who violates any provision of
this chapter, or any provision of any rules or regulation adopted by the health
officer pursuant to authority granted by this chapter, shall upon conviction
thereof, forfeit not less than $100.00 nor more than $250.00 together with the
costs of prosecution, and every day of violation shall constitute a separate
offense. On default of payment of such forfeiture, any person so convicted shall
be confined in the County Jail of Eau Claire County for a term of not less than
one day and not more than 60 days.
2.1-4.0295 PREVAILING REGULATIONS. In any case where a provision of
this chapter is found to be in conflict with a provision of any zoning, building,
fire, safety, or Health Ordinance Code of the Town existing on the effective date
of the ordinance codified herein, the provision which established the higher
standard for the promotion and protection of the health and safety of the people
shall prevail. In any case, where a provision of this chapter is found to be in
conflict with a provision of any other ordinance or code of the Town existing on
the effective date of the ordinance codified herein which establishes a lower
standard for the promotion and protection of the health and safety of the
December 10, 2012
Page 154
people, the provisions of this chapter shall be deemed to prevail, and such other
ordinances or codes are declared to be repealed to the extent that they may be
found in conflict with this chapter.
TITLE 2 - COMMUNITY PROTECTION
DIVISION 1 - LAW ENFORCEMENT
CHAPTER 5 - TOWN CONSTABLE
ARTICLE 1 - GENERAL PROVISIONS
December 10, 2012
Page 155
2.1-5.0105 STATUTORY AUTHORITY. Pursuant to Sec. 60.22 (4) and Sec.
60.35 of Wisconsin Statutes, the Board hereby establishes the jurisdiction and
duties of the Town Constable, as described herein.
2.1-5.0110 JURISDICTION AND DUTIES. The Constable shall cause to be
enforced and prosecuted all violations of the following named Town Ordinances
of which he or she has knowledge or information:
A. Animal Ordinance: Title 2, Division 1, Chapter 3.
2.1-5.0115 NONEXCLUSIVITY. The adoption of this ordinance does not
preclude the Board from adoption any other ordinance or providing for the
enforcement of any law or ordinance relating to the same or other matter. The
jurisdiction and duties of the Constable as stated herein shall not preclude the
Board or any other Town Officer from proceeding under any ordinance or law or
by any other enforcement method to enforce any ordinance, regulation, or order.
December 10, 2012
Page 156
TITLE 2 - COMMUNITY PROTECTION
DIVISION 1 - LAW ENFORCEMENT
CHAPTER 6 - WATER CRAFT
ARTICLE 1 - GENERAL PROVISIONS
2.1-6.0105 APPLICABILITY AND ENFORCEMENT.
A. The provisions of this ordinance shall apply to the waters of Elk
Creek Lake.
B. This chapter shall be enforced by the officers of the Town, Eau
Claire County and the officers of the Town of Spring Brook, Dunn County,
working cooperatively with officers of the Eau Claire County, State of Wisconsin;
Dunn County, State of Wisconsin; and the Wisconsin Department of Natural
Resources.
C. This article shall not apply to official emergency personnel
providing emergency services or to official emergency personnel engaged in
training approved by the personnel’s agency’s chief of emergency services.
2.1-6.0110 INTENT. The intent of this ordinance is to provide safe and
healthful conditions for the enjoyment of aquatic recreation consistent with
public rights and interests, and the capability of the water resources.
2.1-6.0115 STATE BOATING AND SAFETY LAWS ADOPTED. State boating
laws as found in SS. 30.50 to 30.71, Wis. Stats., are adopted by reference.
2.1-6.0120 DEFINITIONS.
A. “Slow-no-wake” means that speed at which a boat moves as slowly
as possible while still maintaining steerage control.
B. “Elk Creek Lake” means all bays, lake area and back waters of the
Elk Creek Lake area of Sect 18 Twp 27N, Range 10W and Sections 13 and 24,
Twp 27N, Range 11W all in the Town of Spring Brook, Dunn Co., WI and the
Town of Union, Eau Claire Co., WI.
2.1-6.0125 CONTROLLED AREA. No person shall operate a boat or water craft
faster than slow-no-wake in the waters of Elk Creek Lake at any time.
2.1-6.0130 POSTING REQUIREMENTS. The Towns of Union, Eau Claire Co.,
December 10, 2012
Page 157
and Spring Brook, Dunn Co. shall place and maintain a synopsis of this
ordinance at all public access points within their respective jurisdictions
pursuant to the requirements of NE 5015 Wis. Admin. Code.
2.1-6.0130 PENALTIES. Wisconsin state boating penalties as found in Wis.
Stat. 30.80 and deposits as established in the Uniform Deposit and Bail
Schedule established by the Wisconsin Judicial Conference, are hereby adopted
by reference and all references to fines amended to forfeitures and all references
to imprisonment deleted.
December 10, 2012
Page 158
TITLE 2 - COMMUNITY PROTECTION
DIVISION 2 - FIRE SAFETY
CHAPTER 1 - FIRE WARDEN
ARTICLE 1 - GENERAL PROVISIONS
2.2-1.0105 CHAIR AS FIRE WARDEN. Pursuant to Section 26.13 of the
Statutes, the Chair by virtue of office and oath of office is the Town Fire Warden
and shall perform the duties and have the powers of the Fire Warden in addition
to those of Chair. The Chair may appoint one or more Supervisors to act as
Deputy Fire Warden.
2.2-1.0110 COMPENSATION. The Chair shall receive no additional
compensation from the Town for the duties of Fire Warden except expenses.
2.2-1.0115 POWERS AND DUTIES.
A. In addition to the powers and duties conferred upon fire wardens
by the Municipal Code and Chapter 26 of the Statutes, the Fire Warden shall be
responsible for the proper and just enforcement of Chapter 3 of this Division
under the supervision of the Board.
B. The vehicle of the Fire Warden is hereby designated as an
authorized emergency vehicle.
C. The Fire Warden shall have the same powers and duties as the Fire
Chief and Chief Inspector conferred in the Fire Prevention Code as adopted and
modified by Chapter 3 of this Division except the power to issue, suspend or
revoke permits required by said code.
December 10, 2012
Page 159
TITLE 2 - COMMUNITY PROTECTION
DIVISION 2 - FIRE SAFETY
CHAPTER 2 - TOWNSHIP FIRE DEPARTMENT, INC.
ARTICLE 1 - GENERAL PROVISIONS
2.2-2.0105 NATURE OF DEPARTMENT. The fire services provided to the Town
are provided by the Township Fire Department, Inc., a non-profit, non-stock
corporation which is owned by the Towns of Washington, Seymour, Union,
Brunswick and Pleasant Valley. The corporation serves as the official fire
department for the Town.
2.2-2.0110 RELATIONSHIP WITH DEPARTMENT.
A. The Town's relationship with the corporation is governed by the
provisions of the bylaws of the corporation which are incorporated herein by
reference as from time to time amended or altered.
B. The Town is represented at the meetings of corporation members,
both annual and special, by the Board.
C. The Chair, by virtue of office, shall serve as a corporate director on
the Board of Directors and may serve as an official or officer of the corporation.
He shall serve in any capacity incident to be the Town's official designated
representative.
D. The Town shall be responsible for payment of its financial support
assessment as annually approved by the Board of Directors based on the
equalized valuation of the members as provided in the corporate bylaws.
December 10, 2012
Page 160
TITLE 2 - COMMUNITY PROTECTION
DIVISION 2 - FIRE SAFETY
CHAPTER 3 - FIRE REGULATIONS
ARTICLE 1 - GENERAL PROVISIONS
2.2-3.0105 PURPOSE. This ordinance is intended to promote the public health,
safety and welfare and to safeguard the health, comfort, living conditions, safety
and welfare of the citizens of the Town due to the air pollution and fire hazards
of open burning, outdoor burning and refuse burning.
2.2-3.0110 APPLICABILITY. This ordinance applies to all outdoor burning of
any material, whether the fire is contained or not within the Town except:
A. Grilling or cooking using charcoal, wood, propane or natural gas in
cooking or grilling appliances.
B. Burning in a stove, furnace, fireplace or other heating device within
a building used for human or animal habitation unless the material being
burned includes refuse as defined in 2.2-3.0115 (N) of this ordinance.
C. Burning in a furnace, boiler or other heating device outside a
building used to provide heat for human or animal habitation unless the
material being burned includes refuse as defined in 2.2-3.0115 (N) of this
ordinance.
D. The use of propane, acetylene, natural gas, gasoline or kerosene in
a device intended for heating, construction or maintenance activities.
E. Fires for the purpose of warming the person which comply with the
terms of this ordinance for a campfire.
2.2-3.0115 DEFINITIONS.
A. “Burn Barrel” means a steel or iron container used to burn
materials not prohibited by law constructed so that while burning takes place in
it, there are no holes in any of its top, bottom, or sides greater than one-forth
square inch (1/4" ²), it is at least six inches (6") above the ground, and it is at
least ten feet (10') from any combustible material.
B. “Campfire” means a small outdoor fire less than five feet (5') in
diameter, intended for recreation, cooking or warming the body, not including a
fire intended for disposal of waste wood or refuse. Wood used in a camp fire
December 10, 2012
Page 161
shall be cut, split, trimmed and sized appropriately for a small camp fire and
the fire shall be confined by a control device or structure such as a barrel, fire
ring or fire pit.
C. “Clean Wood” means natural wood which has not been painted,
varnished or coated with a similar material, has not been pressure treated with
preservatives and does not contain resins or glues as in plywood or other
composite wood products.
D. “Chief Inspector” means the Chief Inspector of the Township Fire
Department, Inc.
E. “Confidential Papers” means printed material containing personal
identification or financial information that the owner wishes to destroy.
F. “Department of Natural Resources” means any employee of the
State of Wisconsin, Department of Natural Resources empowered by that
department to act on its behalf in the matter at issue.
G. “Deputy Chief or Battalion Chief” means a Deputy Fire Chief or a
Battalion Chief of the Township Fire Department, Inc.
H. “Exception” This chapter shall not apply to fires lawfully set,
kindled or maintained for the purpose of cooking food or warming the person.
I. “Fire Chief” means the Chief of Township Fire Department, Inc. or
other person authorized by the Fire Chief.
J. “Fire Department” means the Township Fire Department, Inc.
K. “Outdoor Burning” means open burning or burning in an outdoor
wood-fired furnace.
L. “Open Burning” means kindling or maintaining a fire where the
products of combustion are emitted directly into the ambient air without
passing through a stack or a chimney.
M. “Outdoor Wood-Fired Furnace” means a wood-fired furnace, stove
or boiler that is not located within a building intended for habitation by humans
or domestic animals.
December 10, 2012
Page 162
N. “Refuse” means any waste material except clean wood.
2.2-3.0120 GENERAL PROHIBITION ON OPEN BURNING, OUTDOOR
BURNING AND REFUSE BURNING. Open burning, outdoor burning and refuse
burning are prohibited in the Town unless the burning is specifically permitted
by this ordinance.
2.2-3.0125 MATERIALS THAT MAY NOT BE BURNED. Unless a specific
written approval has been obtained from the Department of Natural Resources,
the following materials may not be burned in an open fire, incinerator, burn
barrel, furnace, stove or any other indoor or outdoor incineration or heating
device. The Town will not issue a permit for burning any of the following
materials without air pollution control devices and a written copy of an approval
by the Department of Natural Resources:
A. Rubbish or garbage including but not limited to food wastes, food
wraps, packaging, animal carcasses, animal waste, paint or painted materials,
furniture, composite shingles, construction or demolition debris or other
household or business wastes.
B. Waste oil or other oily wastes except used oil burned in a heating
device for energy recovery subject to the restrictions in Chapter NR 590,
Wisconsin Administrative Code.
C. Asphalt and products containing asphalt.
D. Treated or painted wood including but not limited to plywood,
composite wood products or other wood products that are painted, varnished or
treated with preservatives.
E. Any plastic material including but not limited to nylon, PVC, ABS,
polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic
containers.
F. Rubber including tires and synthetic rubber-like products.
G. Newspaper, corrugated cardboard, container board, office paper
and other materials that must be recycled in accordance with the Eau Claire
County Recycling Ordinance except as provided in 2.2-3.0145 of this ordinance.
2.2-3.0130 OPEN BURNING OF LEAVES, BRUSH, CLEAN WOOD AND
OTHER VEGETATIVE DEBRIS. Open burning of leaves, weeds, brush, stumps,
December 10, 2012
Page 163
clean wood other vegetative debris is allowed only by permit, issued under 2.2-
3.0150 and 2.2-3.0155 of this ordinance, subject to special conditions therein
and in accordance with the following provisions:
A. All allowed open burning shall be conducted in a safe nuisance free
manner, when wind and weather conditions will minimize adverse effects and
not create a health hazard or a visibility hazard on roadways, railroads or
airfields. Open burning shall be conducted in conformance with all local and
state fire protection regulations.
B. Except for barbecue, gas and charcoal grills, no open burning shall
be undertaken during periods when either the Fire Chief or the Wisconsin
Department of Natural Resources has issued a burning ban applicable to the
area.
C. Open burning shall be conducted only on the property on which the
materials were generated.
D. A commercial enterprise other than an agricultural or silvicultural
operation may open burn only at a facility approved by and in accordance with
provisions established by the Department of Natural Resources and the Fire
Chief.
E. Open burning of weeds or brush on agricultural lands is allowed if
conducted in accordance with other applicable provisions of this ordinance and
in accord with all restrictions imposed by the approving authorities.
F. Fires set for forest, prairie or wildlife habitat management are
allowed with the approval of the Department of Natural Resources and the Fire
Chief.
G. Burning of trees, limbs, stumps, brush or weeds for clearing or
maintenance of rights-of-way is allowed if approved by the Fire Chief and if
conducted in accordance with other provisions of this ordinance.
H. In emergency situations such as natural disasters burning that
would otherwise be prohibited is allowed if specifically approved by the
Department of Natural Resources.
I. Open burning under this section shall only be conducted at a
location at least fifty feet (50') from the nearest building which is not on the
same property.
December 10, 2012
Page 164
J. Except for campfires, open burning and burning in a barrel shall
only be conducted between 6:00 PM to midnight Monday through Friday except
legal holidays as defined in 895.20, Wisconsin Statutes or between 8:00 AM to
midnight Saturday, except legal holidays as defined in 895.20, Wisconsin
Statutes. All fires shall be extinguished by midnight.
K. When two or more inches of snow cover blankets the Town burning
permits may be issued allowing open burning and burning in a burn barrel
between the hours of 8:00 AM and Midnight Monday through Saturday except
legal holidays as described in 2.2-3.0130 (J). All fires shall be extinguished by
midnight.
L. Open burning and burning in a barrel shall be constantly attended
and supervised by a competent person of at least 18 years of age until the fire is
extinguished and is cold. The person shall have readily available for use such
fire extinguishing equipment as may be necessary for the total control of the
fire.
M. All piles of materials to be burned shall be sized appropriately so
that the fire will be completely out by midnight.
N. No materials may be burned upon any street, curb, gutter or
sidewalk or on the ice of a lake, pond, stream or water body.
O. Except for barbecue, gas and charcoal grills, no burning shall be
undertaken within twenty-five feet (25') from any combustible material,
combustible wall or partition, exterior window opening, exit access or exit
unless authorized by the Fire Chief.
P. No open burning may be conducted on days when the Department
of Natural Resources has declared an ozone action day applicable to the Town.
Q. Agricultural burning permits, may be issued in the A1 (exclusive
agriculture) Zoning districts to burn leaves, weeds, brush, stumps, clean wood
and other vegetative debris, Monday through Saturday except legal holidays and
when atmospheric conditions or when local circumstances may make or tend to
make such fire or fires hazardous. When Agricultural burning may take place
24 hours a day continuously when the burning takes place on a snow covered,
tilled or harvested field where minimal crop residue is present to support
continuous burning and the fire is attended as described in Section 2.2-3.0130
(L).
2.2-3.0135 BURN BARRELS. A burn barrel may be used in the Town only in
accordance with the following provisions:
December 10, 2012
Page 165
A. The burn barrel shall not be used to burn any of the prohibited
materials listed in 2.2-3.0125 of this ordinance and may only be used in
accordance with the provisions of 2.2-3.0130 of this ordinance.
B. The burn barrel shall be located at least fifteen feet (15') from the
nearest building that is not on the same property as the burn barrel.
C. The burn barrel shall have vent holes not greater than ¼ (.25)
square inch (.5”X.5” square, or 13”/16” round), located above the ash line for
combustion air and shall be covered with a heavy wire screen with the openings
not greater than ¼ (.25) square inch.
D. No burn barrel shall be used or located upon the premises of a
commercial enterprise.
E. A burning permit is not required for burning in a barrel when such
burning takes place during the hours set forth in 2.2-3.0130 (J) and the burn
barrel meets the specifications of Section 2.2-3.0135 (C).
2.2-3.0140 FIRE DEPARTMENT PRACTICE BURNS. Notwithstanding Section
2.2-3.0120 of this ordinance, the Township Fire Department, Inc. or another
Fire Department having jurisdiction in the Town, alone or in conjunction with
Chippewa Valley Technical College may burn a standing building if necessary
for fire fighting practice and if the practice burn complies with the requirements
of the Department of Natural Resources.
2.2-3.0145 EXEMPTION FOR BURNING CERTAIN PAPERS.
A. Notwithstanding 2.2-3.0125 (G) of this ordinance, paper and
cardboard products may be used as a starter fuel for a fire that is allowed under
this ordinance
B. Small quantities of confidential papers from a residence may be
burned if necessary to prevent the theft of financial records, identification or
other confidential information.
C. Confidential papers from a commercial enterprise shall be shredded
or destroyed in a manner other than burning.
D. A fire set for burning of a small quantity of confidential papers shall
be subject to and comply with 2.2-3.0130 of this ordinance.
December 10, 2012
Page 166
2.2-3.0150 BURNING PERMITS.
A. No person shall start or maintain any open burning without a
burning permit issued by the Dispatcher or Deputy Dispatcher of the Township
Fire Department, Inc.
B. Property owners located in the DNR intensive forest fire protection
areas, Shall obtain a burning permit from an authorized DNR fire warden.
C. An outdoor campfire does not require a permit provided that the fire
complies with all other applicable provisions of this ordinance.
D. Any person who burns leaves, brush, clean wood or other vegetative
debris under 2.2-3.0130 of this ordinance shall obtain a burning permit by
telephonic or in-person communication with the dispatcher of the Township
Fire Department Inc.
E. When weather conditions warrant, the Fire Chief or the Department
of Natural Resources may declare a burning moratorium on all open burning
and temporarily suspend previously issued burning permits for open burning.
F. A burning permit issued under this section shall require
compliance with all applicable provisions of this ordinance and any additional
special restrictions deemed necessary to protect public health and safety.
G. Burning permits shall not be issued when sustained wind speeds
greater than ten mph or sustained winds of lesser speed gust to 15 mph or
more. All previously issued burning permits become invalid when those
conditions exist.
H. Any violation of the conditions of a burning permit shall be deemed
a violation of this ordinance. Any violation of this ordinance or the burning
permit shall void the permit.
2.2-3.0160 LIABILITY.
A. Any person who starts or uses an outdoor fire shall be liable to the
Township Fire Department for all fire suppression costs if the fire is in violation
of this ordinance or it endangers property not covered by the permit or persons.
December 10, 2012
Page 167
2.2-3.0165 PERMISSION OF OWNER OR LESSEE REQUIRED FOR FIRES.
No person shall set, kindle or maintain or cause to be so any fire, or otherwise
authorize such fire to be set, kindled or maintained on any public property or
on any private property except:
A. Property owned by the person;
B. Property leased to the person; or
C. Property owned by another with that owners written consent.
2.2-3.0170 RIGHT OF ENTRY AND INSPECTION. The Fire Chief or any person
designated by the Fire Chief or any authorized officer, agent, employee or
representative of the Town may inspect any property for the purpose of
ascertaining compliance with the provisions of this ordinance.
2.2-3.0175 ENFORCEMENT, PENALTIES, AND FEES.
A. The Fire Chief and any Assistant Chief or Battalion Chief of
Township Fire Department Inc., or any Fire Warden appointed by any agency of
the State of Wisconsin or the Town or any person authorized by the Town is
authorized to enforce the provisions of this ordinance.
B. The penalty for violation of any portion of this ordinance shall be a
class C offense and a forfeiture of not less than $100 or more than $250 plus
the cost of prosecution.
C. Burning permit fees and annual burn barrel permit fees are listed
in the Fee Schedule at the end of this code.
December 10, 2012
Page 168
TITLE 2 - COMMUNITY PROTECTION
DIVISION 3 - EMERGENCY SERVICES
CHAPTER 1 - MANAGEMENT OF EMERGENCIES
ARTICLE 1 - EMERGENCY POWERS
(Reserved for Future Use)
December 10, 2012
Page 169
TITLE 2 - COMMUNITY PROTECTION
DIVISION 3 - EMERGENCY SERVICES
CHAPTER 1 - MANAGEMENT OF EMERGENCIES
ARTICLE 2 - AUXILIARY POLICE
(Reserved for Future Use)
December 10, 2012
Page 170
TITLE 2 - COMMUNITY PROTECTION
DIVISION 3 - EMERGENCY SERVICES
CHAPTER 1 - MANAGEMENT OF EMERGENCIES
ARTICLE 3 - CONTINUITY OF GOVERNMENT
(Reserved for Future Use)
December 10, 2012
Page 171
TITLE 2 - COMMUNITY PROTECTION
DIVISION 3 - EMERGENCY SERVICES
CHAPTER 2 - EMERGENCY MEDICAL SERVICES
(Reserved for Future Use)
December 10, 2012
Page 172
TITLE 3 - COMMUNITY ENVIRONMENT
CHAPTER 1 - BUSINESS REGULATIONS
ARTICLE 1 - BEER AND LIQUOR CONTROL
3-1.0105 TRAINING REQUIREMENTS FOR OPERATOR LICENSES.
A. All persons applying for, or presently licensed as beverage operators
in a Class A or Class B establishment, shall complete a mandatory Alcohol
Awareness Training Program approved by the Board.
Any person applying for a license may be granted a license for a 45 day
period pending completion of the approved training program. After completion
of the approved training program, the applicant shall show to the Clerk the
certificate of completion and shall be granted a license for the balance of the
licensing period. In the event the applicant does not complete the approved
training program, the 45 day license shall become null and void.
B. No Class A or Class B license shall be issued unless the applicant
has successfully completed the above described program. For the purpose of
this section, applicant means: for a sole applicant, that person; for a
partnership, all partners except limited partners so designated by a limited
partnership agreement which complies with Chapter 179 of the Wisconsin
Statutes; for a corporation, the agent of said corporation pursuant to Section
125.04(6), Wis. Stats. No person who otherwise would be considered the holder
of an operator's license under Section 125.32(2) or 125.68(2) of the Wisconsin
Statutes shall be so considered unless he or she has successfully completed
said program.
C. Participants in the approved training program shall pay the
established tuition fee. Changes in the curriculum, content or hours of the
approved program may be made without consent of the Board, provided that
such changes are approved by the Clerk and the Chair, but that the Board be
advised of such changes.
3-1.0110 ISSUING OPERATOR LICENSES.
A. A new beverage operator's (bartender's) license as provided by Chapter
125 Stats. may be issued by the Board upon the payment of the fee shown on the
Fee Schedule at the end of this code. A renewal beverage operator's license may
be issued by the Board upon the payment of a fee listed in the Fee Schedule. A
written application provided by the Clerk shall be filed with the Clerk and
completed in full. The application shall be referred to the Sheriff for a background
report on the applicant. A person must be 18 years of age and have completed the
approved training in order to be eligible for an operator's license.
December 10, 2012
Page 173
B. The Board shall grant an operator's license pursuant to this section
to such applicants as they deem fit. Said license shall expire on the second
June 30th following the date of issuance. The license fee under this section
shall be paid to the Treasurer. Each operator's license shall be posted in a
conspicuous place in the room or place where alcohol beverages are poured,
served, consumed or removed for service or sale.
C. The Clerk may issue a provisional beverage operator's license
subject to the following conditions:
1. A provisional license may be issued only to a person who has
applied for a regular beverage operator's license as provided by
Subsections A and B of this section.
2. A provisional license may not be issued to any person who
has been denied a regular beverage operator's license by the Board.
3. A provisional license shall expire 60 days after its date of
issuance or when a regular beverage operator's license is granted by the
Board and issued to the holder, whichever is sooner.
4. The fee for a provisional beverage operator's license shall be
included in the fee paid for an operator's license under Subsection A of
this section. Upon issuance of a provisional license, the fee is non-
refundable.
5. The Clerk may revoke the provisional license if it is
discovered that the holder of the license made a false statement on the
application.
6. On issuance of the provisional license, the Clerk shall provide
the Sheriff with a copy of the application and the Sheriff shall then make
a background check on the license holder and report the results to the
Clerk's office.
7. The Clerk may revoke the provisional license of any person
when it is determined that such person has had one or more criminal or
civil convictions substantially relating to the duties and circumstances
commonly associated with a beverage operator's position.
8. Any person whose provisional license is revoked by the Clerk
shall have the right to appeal that revocation to the Board. Such appeal
December 10, 2012
Page 174
must be made in writing and presented to the Clerk within ten days after
the date of revocation. Such appeal will then be heard by the Board at its
next regularly scheduled meeting.
9. No person shall be issued more than two provisional licenses
in any two year period.
C. Any license issued under this section may be suspended or revoked
for cause by the Board. The Chair, Clerk or Board may suspend a beverage
operator's license upon receipt of information which constitutes probable cause
that the licensee:
1. Violated any ordinance, law or regulation while operating as a
licensee;
2. That violations of any ordinance, law or regulation pertaining
to the sale of beverages containing alcohol occurred while said licensee
was present on said premises; or
3. That violation of any ordinance, law or regulation pertaining
to the premises where said sales occurred while said licensee was present
on said premises. The Board shall hold a public hearing prior to any
revocation, and may only revoke a license for cause.
3-1.0115 REGULATION OF CLOSING HOURS.
A. No premises for which a Class B license has been issued for the sale
of intoxicating liquors or fermented malt beverages shall be or remain open
during hours prohibited by Wisconsin Statutes.
B. Any person or license holder who violates any of the provisions of
this section shall forfeit a penalty of not less than $25.00 nor more than $100.00
together with the costs of prosecution for each and every offense, and in default
of the payment thereof, shall be committed to the Eau Claire County Jail until
such forfeiture and costs and expenses of prosecution are paid.
3-1.0120 ON AND OFF SALE. The Town elects to come under Section
125.51(3)(b) of the Wisconsin Statutes. The issuance of a Class B license for the
sale of intoxication liquor pursuant to Section 125.51 of the Wisconsin Statutes
may upon approval of the Board, include authority for the sale of said
intoxicating liquor in the original package or container, subject to all statutory
restrictions.
December 10, 2012
Page 175
TITLE 3 - COMMUNITY ENVIRONMENT
CHAPTER 1 - BUSINESS REGULATIONS
ARTICLE 2 - ADULT ENTERTAINMENT REGULATIONS
3-1.0205 CERTAIN CONDUCT ON “CLASS B” PREMISES PROHIBITED.
Whereas the Board finds that the nature, design and intended use of adult-
oriented establishments is conducive to high-risk sexual behavior. Such high-
risk sexual behavior has the potential of exposing persons to, among other
things, the Human Immunodeficiency Virus (HIV) and Acquired Immune
Deficiency Syndrome (AIDS). AIDS is currently determined to be irreversible and
usually fatal. The sections created herein are intended to provide for licensing
and maintaining minimum standards for such adult-oriented establishments in
order to protect the general health, safety and welfare of the public, by regulating
those features of adult-oriented establishments which tend to facilitate and
promote high-risk behavior and by providing regulations which aid in the
surveillance and detection of unlawful activities within such premises.
A. No person possessing a "Class B" retailer's intoxicating liquor
license, personally or through his agent or employee, shall knowingly permit or
engage in the following conduct on licensed premises, and no entertainer or
employee shall engage in the following conduct on said premises:
1. The performance of acts or simulated acts of sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts
which are prohibited by law;
2. The actual or simulated touching, caressing, or fondling of the
breast, buttocks, anus, vulva or genitals;
3. The actual or simulated displaying of the areola of the breast, pubic
hair, anus, vulva, or genitals;
4. The showing of films or slides depicting any of the acts which are
prohibited by the regulations stated above.
B. Certain Performances and Costumes Prohibited. No licensee, either
personally or through his or his agent or employee, shall furnish entertainment
or permit the performance of any act, stunt or dance by dancers, performers or
entertainers, whether such dancers, performers or entertainers are employed by
the licensee or through his or her agent or not, and no entertainer or employee
shall furnish any entertainment or perform any act, stunt or dance unless such
dancers, performers or entertainers shall meet
the following wearing apparel standards when performing or when present upon
the premises.
1. That portion of every costume to be worn by dancers,
December 10, 2012
Page 176
performers or entertainers covered by the provisions of this subsection
and which relates to the breast or chest area and/or to the area of the sex
organs and buttocks shall be of nontransparent material.
2. The top portion of the costume worn by a female dancer,
performer or entertainer, or a female impersonator shall be so conformed,
fabricated, and affixed to the body so as to keep the area of the breast at
or below the areola thereof completely covered at all times.
3. The lower portion of the costume worn by a female dancer,
performer or entertainer, or a female impersonator, shall encircle the
body at the area of the sex organs and buttocks. This portion of the
costume shall be of such dimensions and so conformed, fabricated and
affixed to the body so as to completely cover the sex organs, the pubic
hair and the cleavage of the buttocks at all times. An animal fur piece or
other device simulating the hair surrounding the pubic area shall not
constitute compliance with the costume requirements of this ordinance.
4. The lower portion of the costume worn by a male dancer,
performer, or entertainer shall encircle the area of the sex organs and the
buttocks. This portion of the costume shall be of such dimensions and so
conformed, fabricated and affixed to the body so as to completely cover
the pubic hair, sex organ and the cleavage of the buttocks at all times.
C. Disorderly Conduct by Patrons Prohibited. No licensee, either
personally or through his agent or employee, shall knowingly permit any patron
to participate in any act, stunt or dance in violation of the provisions of this
section.
3-1.0210 DEFINITIONS AS APPLIED TO ADULT ENTERTAINMENT
ESTABLISHMENTS AND LIVE ADULT ENTERTAINMENT ESTABLISHMENTS.
For the purpose of this section, the following words and phrases shall mean:
A. “Adult Book or Video Store” means an establishment which is used
for selling, renting or loaning, for monetary consideration, the following
materials, when such activity constitutes a substantial or significant part of the
business conducted therein:
1. Any pictures, photographs, drawings, motion picture films or
similar visual representations or images of a person or portions of a
human body which are distinguished or characterized by their emphasis
on matters depicting, or describing or relating to specified sexual
activities or specified anatomical areas as defined herein or
December 10, 2012
Page 177
2. Any book, pamphlet, magazine, printed matter, however
reproduced, or sound recording which contains any matter enumerated in
Paragraph 1 above.
3. Significant part of the business means dedication or use of
more than ten percent of the available floor, wall and display space to the
sale, rental or loan of the subject matter referenced in Paragraphs 1 and 2
above, including space devoted to the viewing of videotapes or films, or
display and advertisement of subject matter referenced herein in excess
ten percent of the total merchandise for sale, rental or loan.
4. Material, however distributed, which is published by a
medical products manufacturer, a medical or health association, an
insurance company, or by a consumer education organization shall not
be considered part of the business of operating an adult book or video
store.
B. “Adult Entertainment Establishment” means an adult book or video
store or an adult motion picture theater.
C. “Live Adult Entertainment Establishment” means any
establishment which is used for live presentations or service distinguished or
characterized by an emphasis on exposure to view of human genitals, pubic
area, buttocks or anus; or a female’s vulva or breasts below the top of the areola
; or male genitals in a discernable turgid state, even if opaquely covered; or on
acts of or acts which simulate erotic touching, sexual intercourse,
masturbation, flagellation, sodomy, bestiality, necrophilia, sadomasochistic
abuse, fellatio, cunnilingus, or any sexual acts prohibited by Wis. Statutes.
D. “Adult Motion Picture Theater” means an enclosed building used for
presenting or exhibiting a motion picture film, show or other presentation
having as its dominant theme or distinguished or characterized by an emphasis
on exposure to view of human genitals, pubic area, buttocks or anus; or a
female’’s vulva or breasts below the top of the areola ; or male genitals in a
discernable turgid state, even if opaquely covered; or on acts of or acts which
simulate erotic touching, sexual intercourse, masturbation, flagellation,
sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio, cunnilingus, or
any sexual acts prohibited by Wis. Statutes.
E. “Board” means the Town Board.
F. “Booths, cubicles, rooms, compartments or stalls separate from the
common areas of the premises” shall mean such enclosures as are specifically
December 10, 2012
Page 178
offered to the public or members of that establishment for hire or for a fee as
part of a business operated on the premises which offers as part of its business
the entertainment to be viewed within the enclosure; which shall include,
without limitation, such enclosures wherein the entertainment is dispensed for
a fee, but a fee is not charged for mere access to the enclosure. The phrase
“booths, cubicles, rooms, compartments or stalls separate from the common
areas of the premises” does not mean enclosures which are private offices used
by the owners, managers, or persons employed on the premises for attending to
the tasks of their employment, and which are not held out to the public or
members of the establishment for hire or for a fee or for the purposes of viewing
entertainment for a fee, and which are not open or available to any persons
other than owners, managers or employees.
G. “Live Adult Entertainment Establishment” means any
establishment which is used for live presentations or service distinguished or
characterized by an emphasis on exposure to view of human genitals, pubic
area, buttocks or anus; or a female’s vulva or breasts below the top of the areola
; or male genitals in a discernable turgid state, even if opaquely covered; or on
acts of or acts which simulate erotic touching, sexual intercourse,
masturbation, flagellation, sodomy, bestiality, necrophilia, sadomasochistic
abuse, fellatio, cunnilingus, or any sexual acts prohibited by Wis. Statutes.
H. “Operator” means any person, partnership, corporation, or other
entity operating, managing, renting, conducting, maintaining or owning any
adult entertainment establishment, or live adult entertainment establishment.
I. “Specified Anatomical Area” means:
1. Less than completely and opaquely covered human genitals,
pubic region, buttocks and female breasts below a point immediately
above the top of the areola.
2. Human male genitals in a discernible turgid state, even if
opaquely covered.
J. “Specified Sexual Activities”, simulated or actual:
1. Showing of human genitals in a state of sexual stimulation or
arousal.
2. Acts of masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio or cunnilingus.
December 10, 2012
Page 179
3. Fondling or erotic touching of human genitals, pubic region,
buttock or female breasts.
3-1.0215
ADULT ENTERTAINMENT ESTABLISHMENT OR LIVE ADULT
ENTERTAINMENT ESTABLISHMENT LICENSE.
A. Except as provided in Subdivision (D) below, from and after the
effective date of this ordinance, no adult entertainment establishment or live
adult entertainment establishment shall be operated or maintained in the Town
without first obtaining a license to operate issued by the Town.
B. A license may be issued only for one adult entertainment
establishment or live adult entertainment establishment located at a fixed and
certain place. Any person who desires to operate more than one adult
entertainment establishment or live adult entertainment establishment must
have a license for each.
C. No license or interest in a license may be transferred to any
person.
D. All adult entertainment establishments or live adult entertainment
establishment existing at the time of the passage of this ordinance must submit
an application for a license within 90 days of the passage of this ordinance. If
an application is not received within such 90-day period, then such existing
adult entertainment establishment or live adult entertainment establishment
shall cease operations.
3-1.0220
APPLICATION FOR LICENSE.
A. Any person desiring to secure a license shall make application to
the Clerk. The application shall be filed in quadruplicate. A copy of the
application shall be distributed promptly by the Clerk to the Eau Claire County
Sheriff’s Department, the City-County Health Department, the Zoning
Administrator, and to the Board members.
B. The application for a license shall be upon a form provided by the
Clerk. An applicant for a license interested directly in the ownership or
operation of the business shall furnish the following information under oath:
December 10, 2012
Page 180
1. Name and address.
2. Written proof that the individual is at least 18 years of age.
3. The address of the adult entertainment establishment or live
adult entertainment establishment to be operated by the applicant.
4. If the applicant is a corporation, the application shall specify
the name of the corporation, the date and state of incorporation, the
name and address of the registered agent and the name and address of all
shareholders owning more than five percent of the stock in such
corporation and all officers and directors of the corporation.
C. Within 21 days of receiving an application for an adult
entertainment establishment license or a live adult entertainment
establishment license, the Clerk shall notify the applicant whether the
application is granted or denied.
D. Whenever an application is denied or a license is not renewed, the
Clerk shall advise the applicant in writing of the reasons for such action. If the
applicant requests a hearing within ten days of receipt of notification of denial
or nonrenewal, a public hearing shall be held within ten days thereafter before
the Board. If a public hearing is requested, it shall be held within ten days
thereafter before the Board. The Board shall make a determination on the denial
or nonrenewal of the license within 20 days of the scheduled public hearing and
shall provide notification of the determination in writing to the licensee within
five days of the determination. The notification shall contain reasons for the
denial or nonrenewal of the license. Judicial review by certiorari may be sought
within 30 days of a termination under (c), (d), or (e) if a public hearing is
requested. If a licensee makes a timely appeal, no nonrenewal shall be effective
until a final judicial decision is rendered.
F. Failure or refusal of the applicant to give any information relevant
to the investigation of the application or the applicant’’s refusal or failure to
appear at any reasonable time and place for examination under oath regarding
such application or the applicant’’s refusal to submit to or cooperate with any
investigation required by this section shall constitute an admission by the
applicant that she, he or it is ineligible for such license and shall be grounds for
denial thereof by the Clerk.
3-1.0225 STANDARDS FOR ISSUANCE OR RENEWAL OF LICENSE. To
receive a license to operate an adult entertainment establishment or live adult
entertainment establishment, an applicant must meet the following standards:
December 10, 2012
Page 181
A. If the applicant is an individual:
1. The applicant shall be at least 18 years of age.
2. The applicant shall not have been found to have previously
violated this ordinance within five years immediately preceding the date of
the application.
B. If the applicant is a corporation:
1. All officers, directors and stockholders required to be named
under Subsection (B) shall be at least 18 years of age.
2. No officer, director or stockholder required to be named
under Subsection (B) shall have been found to have previously violated
this section within five years immediately preceding the date of the
application.
C. If the application is a partnership, joint venture or any other type of
organization where two or more persons have a financial interest:
1. All persons having a financial interest in the partnership,
joint venture or other type of organization shall be at least 18 years of
age.
2. No person having a financial interest in the partnership, joint
venture or other type of organization shall have been found to have
violated any provision of this ordinance within five years immediately
preceding the date of the application.
D. A valid land use permit obtained from the Zoning Administrator.
E. The license may include conditions that have been agreed to by the
Town and the applicant pursuant to a court order in the settlement of an action
to enforce this ordinance.
December 10, 2012
Page 182
3-1.0230 FEES. A license fee shown on the Fee Schedule at the end of this
code shall be submitted with the application for an adult entertainment
establishment license or a live adult entertainment establishment license. If the
application is denied, one half of the fee shall be returned.
3-1.0235
DISPLAY OF LICENSE. The license shall be displayed in a
conspicuous public place in the adult entertainment establishment.
3-1.0240
RENEWAL OF LICENSE.
A. Every license issued pursuant to this ordinance shall terminate on
June 30 of each year, unless sooner revoked, and must be renewed before
operation is allowed on July 1. Any operator desiring to renew a license shall
make application to the Clerk. The application for renewal must be filed not
later than 60 days before the license expires. The application for renewal shall
be filed in quadruplicate with and dated by the Clerk. A copy of the application
for renewal shall be distributed promptly by the City Clerk to the City Police
Department, the City Health Department and to the operator. The application
for renewal shall be upon a form provided by the City Clerk and shall contain
such information and data given under oath or affirmation as is required for an
application for a new license.
B. A license renewal fee listed in the Fee Schedule at the end of this
code shall be submitted with the application for renewal of either an adult
entertainment establishment license or a live adult entertainment
establishment license. In addition to the renewal fee, a late penalty listed in the
Fee Schedule at the end of this code shall be assessed against the applicant
who files for a renewal less than 60 days before the license expires. If the
application is denied, one half of the total fees collected shall be returned.
C. If the County Sheriff’s Department , City-County Health
Department, or Zoning Administrator is aware of any information bearing on the
operator’s qualifications, that information shall be filed in writing with the
Clerk.
3-1.0245 REVOCATION OF LICENSE.
A. The Board may revoke or suspend a license for any of the following
reasons:
December 10, 2012
Page 183
1. Discovery that false or misleading information or data was
given on any application or material facts were omitted from any
application.
2. The operator or any employee of the operator violates any
provision of this section or any rule or regulation adopted by the Board
pursuant to this chapter provided, however, that in the case of a first
offense by an operator where the conduct was solely that of an employee,
the penalty shall not exceed a suspension of 30 days if the Board shall
find that the operator had no actual or constructive knowledge of such
violation and could not by the exercise of due diligence have had such
actual or constructive knowledge.
3. The operator becomes ineligible to obtain a license.
4. Any cost or fee required to be paid by this chapter is not paid
or any tax due to the Town from the operator is not paid.
5. Any intoxicating liquor or fermented malt beverage is served
or consumed on any premises of an adult entertainment establishment or
a live adult entertainment establishment.
B. The Board, before revoking or suspending any license, shall give the
operator at least ten days written notice of the charges against the operator and
the opportunity for a public hearing before the Board. If the operator does not
file a timely request for a public hearing, the allegations set forth in the charges
shall be taken as true, and within ten days the Board shall meet and determine
whether the charges are sufficient to revoke or suspend a license. Within five
days of such determination, the Board shall provide written notification to the
licensee of its findings and shall include reasons for suspension or revocation. If
a public hearing is requested, it shall be held within ten days thereafter before
the Board. The Board shall make a determination on the suspension or
revocation of the license within 20 days of the scheduled public hearing and
shall provide notification of the determination in writing to the licensee within
five days of the determination. The notification shall contain reasons for a
suspension or revocation of the license. Appeal of either of the above written
determinations of the Board to revoke or suspend a license shall be by certiorari
which must be sought within 30 days of a determination under this subdivision.
If a licensee makes a timely appeal of the Board’s determination to suspend or
revoke a license, no suspension or revocation shall be effective until a final
judicial decision is rendered.
C. The transfer of a license or any interest in a license shall
automatically and immediately revoke the license.
December 10, 2012
Page 184
D. Any operator whose license is revoked shall not be eligible to receive
a license for one year from the date of revocation. No location or premises for
which a license has been issued shall be used as an adult entertainment
establishment or live adult entertainment establishment for one year from the
date of revocation of the license.
3-1.0250 LOCATION. No adult entertainment establishment license or live
adult entertainment establishment license shall be granted for any premises:
A. Within one thousand feet (1,000') of any public or private school,
any premises licensed for the sale of intoxicating liquor or fermented malt
beverages, or any other adult entertainment establishment or live adult
entertainment establishment;
B. Within five hundred feet (500') of any house of worship or licensed
facility for day care of children or adults, or any community living arrangement,
foster home, treatment foster home, or adult family home, as referred to in Sec.
59.69(15) Wisconsin Statutes.
3-1.0255 PHYSICAL LAYOUT. Any adult entertainment establishment or
live adult entertainment establishment having available for customers, patrons
or members any booth, room or cubicle for the private viewing of any adult
entertainment must comply with the following requirements:
A. ACCESS. Each booth, room or cubicle shall be totally accessible to
and from aisles and public areas of the establishment and shall be
unobstructed by any door, lock or other control-type devices.
B. CONSTRUCTION. Every booth, room or cubicle shall meet the
following construction requirements:
1. Each booth, room or cubicle shall be separated from adjacent
booths, rooms and cubicles and any nonpublic areas by a wall.
2. Have at least one side totally open to a public lighted aisle so
that there is an unobstructed view at all times of anyone occupying same.
3. All walls shall be solid and without any openings, extended
from the floor to a height of not less than six feet (6') and be light colored,
nonabsorbent, smooth textured and easily cleanable.
December 10, 2012
Page 185
4. The floor must be light colored, nonabsorbent, smooth
textured and easily cleanable.
5. The lighting level of each booth, room or cubicle when not in
use shall be a minimum of ten foot (10') candles at all times as measured
from the floor.
C. OCCUPANTS. Only one individual shall occupy a booth, room or
cubicle at any time. No occupant of same shall engage in any type of sexual
activity, cause any bodily discharge or litter while in the booth. No individual
shall damage or deface any portion of the booth.
3-1.0260
OPERATOR RESPONSIBILITY.
A. Every act or omission by an employee constituting a violation of the
provisions of this ordinance shall be deemed the act or omission of the operator
if such act or omission occurs, either with the authorization, knowledge or
approval of the operator or as a result of the operator’’s negligent failure to
supervise the employee’s conduct, and the operator shall be punishable for
such act or omission in the same manner as if the operator committed the act
or caused the omission.
B. Any act or omission of any employee constituting a violation of the
provisions of this ordinance shall be deemed the act or omission of the operator
for purposes of determining whether the operator’’s license shall be revoked,
suspended or renewed.
C. No employee of an adult entertainment establishment or live adult
entertainment establishment shall allow any minor to enter, loiter around or
frequent an adult entertainment establishment or live adult entertainment
establishment or to allow any minor to view any activity allowed in an adult
motion picture theater or live adult entertainment establishment.
D. The operator shall maintain the premises in a clean and sanitary
condition at all times. The operator shall submit a fixed cleaning and sanitizing
schedule to the Health Department for approval, and once approved, adhere to
that schedule.
E. The operator shall maintain at least ten foot (10') candles of light in
December 10, 2012
Page 186
the public portions of the establishment, including aisles, at all times. However,
if a lesser level of illumination in the aisles shall be necessary to enable a patron
to view any activity in a booth, room or cubicle adjoining an aisle, a lesser
amount of illumination may be maintained in such aisles provided, however, at
no time shall be there be less than one foot candle of illumination in such aisles
as measured from the floor.
F. The operator shall conspicuously post inside each booth, stall,
partitioned portion of room, or individual room an unmutilated and undefaced
sign or poster supplied by the health department which contains information
regarding sexually transmitted diseases and the telephone numbers from which
additional information can be sought.
G. The operator shall post regulations concerning booth occupancy, on
signs, with lettering at least one inch (1") high, that are placed in conspicuous
areas of the establishment and in each of the viewing enclosures.
H. The operator shall comply with all conditions attached to a license
pursuant.
I. The operator shall insure compliance of the establishment and its
patrons with the provisions of this ordinance, including any license conditions.
3-1.0265
PATRON RESPONSIBILITY.
A. No person shall occupy an enclosure already occupied by another
person, regardless of whether permission to enter has been given.
B. No person shall at any time engage in specified sexual activities or
cause any bodily discharge or litter associated with such sexual activity while in
the enclosure.
C. No person shall remove, destroy, or deface any signs or posters, or
destroy or deface any information, brochures, or pamphlets, whether supplied
by the Health Department or posted by the operator.
D. No person shall damage or deface any portion of the enclosure.
3-1.0270
EXCLUSIONS. All private and public schools, as defined in Ch.
December 10, 2012
Page 187
115, Wis. Stats., hospitals, medical clinics and public health facilities, located
within the Town, are exempt from obtaining a license hereunder when
instructing pupils, patients, or clients in sex education, prenatal, family
planning, or child birth classes as part of their curriculum or services.
3-1.0275
ENFORCEMENT. It shall be the duty of the Officers of the Town to
administer and enforce the provisions of this ordinance.
3-1.0280
PENALTY.
A. In addition to the revocation, suspension or nonrenewal of any
license issued under this ordinance, any person found to be in violation of any
provision of this ordinance shall be subject to a forfeiture of not less than $100
nor more than $250 and in the case of an operator shall result in the
suspension or revocation of any license up to one year.
B. Each violation of this ordinance shall be considered a separate
offense, and any violation continuing more than one day shall be considered a
separate offense.
C. SEVERABILITY. If any provision of this ordinance is deemed
invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the other provisions of the same.
December 10, 2012
Page 188
TITLE 3 - COMMUNITY ENVIRONMENT
CHAPTER 1 - BUSINESS REGULATIONS
ARTICLE 3 - CABLE TELEVISION
3-1.0305 POLICY. CABLE SYSTEM FRANCHISE REQUIRED. No cable
system shall be allowed to occupy or use the streets or public rights-of-way of
the Town without a Cable System Franchise granted by the Board to those
applicants who successfully demonstrate that it is likely to and capable of
operating a Cable System in the Town pursuant to this ordinance.
3-1.0306 FRANCHISE APPLICATION. An applicant for a Cable System
Franchise shall apply to the Clerk on forms provided for that purpose. A non-
refundable application fee shown on the Fee Schedule at the end of this code
shall accompany the application. A franchise is not assignable except pursuant
to Section 3-1.0307. In awarding a franchise, the Board:
A. Shall allow the applicant's cable system a reasonable period of time
to become capable of providing cable service to all households in the franchise
area;
B. May require adequate assurance that the cable operator will
provide adequate public, educational, and governmental access channel
capacity, facilities, or financial support; and
C. May require adequate assurance that the cable operator has the
financial, technical, or legal qualifications to provide cable service.
3-1.0307 FRANCHISE ASSIGNMENT. A Franchisee may assign a franchise
upon written application to the Clerk on forms provided for that purpose
provided the Board is satisfied that the proposed assignee is qualified to hold a
franchise. The Board shall approve or deny such application within 30 days of
submission of all requested information. A non-refundable assignment fee
shown on the Fee Schedule at the end of this code shall accompany the
application for approval.
3-1.0310 DEFINITIONS. For the purposes of the ordinance, the following
terms, phrases, words and their derivations shall have the meanings given
herein. The word “shall” is always mandatory and not merely directory.
A. “Franchise” shall mean the authorization to operate a cable
television system, including all mutual rights, duties and obligations of a
franchisee as contained or incorporated in this ordinance. A franchise granted
under this ordinance confers no property right upon a franchisee, but only
those legal and political rights contained in this ordinance and in other law.
The term of a Franchise shall be set by the Board, and shall be no longer than
December 10, 2012
Page 189
ten years. The franchise of a franchisee which has complied with this
ordinance shall, upon application and payment of the application fee, receive a
renewal permit for a like term.
B. “System” shall mean those antennas, cables, wires, lines towers,
waveguides, or other conductors, converters, equipment or facilities, designed
and constructed within the Town for the purpose of producing, providing,
receiving, transmitting, amplifying and distributing audio, video and other
forms of electronics or directional duplex signals, except it shall not include
such facilities as are owned or operated by an entity whose rates and conditions
of service are regulated by the Wisconsin Public Service Commission.
C. “Cable Service” shall mean the one-way transmission to
subscribers of video programming, or other programming service, and
subscriber interaction, if any, which is required for the selection or use of such
video programming or other programming service;
3-1.0315 GRANT OF AUTHORITY.
A. A franchisee shall be given the right and privilege to construct,
erect, operate, and maintain, in, and along, across, above, over, and under the
streets, alleys, public ways now laid out or dedicated and in compatible
easements, and all extensions, thereof, and additions thereto, in the Town,
poles, wires, cables, underground conduits, manholes, and other equipment
and fixtures necessary for the maintenance of a cable system
B. A franchisee shall raise or lower wires or equipment upon the
reasonable request of any third person, including any person holding a building
permit. Expenses associated with raising and lowering the wires or equipment
shall be paid by the person requesting he same (except in cases where
franchisee is required to bear the costs under other provisions of its franchise)
and the franchisee may require advance payment. A franchisee shall be entitled
to require that it be given up to ten days advance notice by the person
requesting the movement.
3-1.0320 COMPLIANCE WITH APPLICABLE LAWS.
A. A franchisee, shall, at all times during the life of its franchise, be
subject, when not inconsistent with this franchise, to all lawful exercise of the
police power by the Town and to such regulation as the Town shall hereafter
provide, including, but not limited to, all Town ordinances regulating the use of,
or excavation in, Town roads and Town Road Rights-of-Way.
B. Copies of all petitions, applications and communications submitted
December 10, 2012
Page 190
by any franchisee to the Federal Communications Commission, Securities and
Exchange Commission, or any other federal or state regulatory commission or
agency having jurisdiction in respect of any matters directly affecting Cable
System operations authorized pursuant to the franchise, shall be submitted to
the Board upon request.
3-1.0325 COMPLIANCE WITH ELECTRICAL STANDARDS. Construction
and maintenance of the transmission and distribution system including house
connections, shall be in accordance with the provisions of the National
Electrical Safety Code of the National Board of Fire Underwriters, and such
safety codes as now exist or which may be established in the future. In the
event of a conflict among safety codes, the strictest standard shall apply.
3-1.0330 MULTIPLE FRANCHISES. In the event that the Town grants more
than one franchise for a system, they shall be on substantially similar terms.
3-1.0335 SERVICE TERRITORY. A franchise shall include the entire area of
the Town. A franchisee’s distribution system shall be capable of providing
service to all potential subscribers requesting service within the limits of the
Town and shall extend its distribution system to serve additional subscribers in
any unserved areas of the Town as of the effective date of this ordinance
whenever the number of unservile homes passed by such extension would
exceed 30 homes per mile; provided that such extensions are technically and
economically feasible to the franchisee.
3-1.0340 CUSTOMER SERVICE. A franchisee shall render efficient repair
service, and interrupt service only for good cause and for the shortest time
possible. A local or toll-free telephone number shall be maintained so that
complaints and repair requests may be received by franchisee at any time. All
non-emergency service requests and complaints shall be responded to within
five days of receipt. All emergencies and system outages will be responded to
within 24 hours.
A franchisee shall give the Town 30 days prior notice of any rate
increases, channel lineup or other substantive service changes.
A franchisee shall by appropriate means, as subscribers are connected or
reconnected to the system, furnish information concerning the procedures for
making inquiries and complaints, including the name, address and toll-free
telephone number of the franchisee
3-1.0345 SERVICE TO TOWN. Each franchisee shall provide and maintain
one free connection of basic cable service and such other services upon which a
franchisee and the Town may agree, to the Town Hall, fire station(s), and to all
public and parochial primary and secondary schools located in the Town. The
cost of any internal wiring shall be borne by the building occupant.
Such connections shall be provided at such times as service can be
December 10, 2012
Page 191
provided from a franchisee’s existing distribution plant. If a distribution plant
extension of the system is required which imposes an undue economic
hardship, a franchisee shall have the right to petition the Town for relief from
the service commitments of this section. Service shall be provided to newly
constructed eligible building under the same terms and conditions and as soon
as practical, but in no even later than two years from the date of occupancy.
3-1.0350 CONDITIONS ON STREET USE. A franchisee shall endeavor to
obtain rights to use compatible facilities, such as without limitation by
enumeration, poles, easements, trenches, and towers, belonging to other
franchise holders within the Town. Approval of the assignment of such rights to
a franchisee by such other franchise holders is hereby expressly given by the
Town, it being the intention of the Town that the franchisee will utilize public
utility facilities where feasible.
All transmission and distribution structures, lines, and equipment
erected by a franchisee within the Town shall be located so as not to interfere
with the proper use of streets alley, and other public ways and places, and to
cause minimum interference with the rights or reasonable convenience of
property owners who adjoin any of the said streets, alleys, or other public ways
and places, and not to interfere with existing public utility installation.
If a franchisee disturbs any pavement, sidewalks, driveways or other
surfacing, it shall, at its own expense, and in the manner provided by the Town,
replace and restore all such pavings, sidewalks, driveways or other surfaces of
any streets or alleys thus disturbed.
If at any time during the period of any franchise, the Town shall lawfully
elect to alter, or change the grade or alley, or other public ways, the franchisee
shall upon reasonable notice by the Town, remove and relocate its poles, wires,
cables, underground conduits, manholes, and other fixtures at its own expense,
and in each instance comply with the requirements of the Town.
3-1.0355 INDEMNIFICATION AND INSURANCE.
Minimum insurance coverage for a franchisee shall be:
Worker’s Compensation Statutory limits
Commercial General liability $1,000,000 per occurrence
Combined Single Liability C.S.L.
$2,000,000 General Aggregate
Auto liability including coverage $1,000,000 per occurrence C.S.L.
on all owned, non-owned and
hired autos
December 10, 2012
Page 192
Umbrella Liability $1,000,000 per occurrence C.S.L.
The Town shall be added as an Additional Insured to the above
Commercial General Liability and Auto Liability Insurance Coverage. A
franchisee shall furnish the Town with current Certificates of Insurance
evidencing such coverage.
A franchisee shall indemnify the Town and hold it harmless for any and all
claims, costs and expenses arising from the operation of its system or the
existence or placement of any of its equipment.
3-1.0360 NOTICE. Any notices to be sent to the parties hereto shall be sent
to the following addresses: unless either party notifies the other in writing of
another address:
Clerk
Town of Union
1506 N Town Hall Rd
Eau Claire, WI 54703
To any franchisee:Name and Address shown on franchisee’s application, as
amended from time to time.
3-1.0365 EMERGENCY USE OF FACILITIES. In the case of any emergency
or disaster, the franchisee shall upon request of the Town, make available its
facilities for emergency use during the emergency or disaster.
3-1.0370 PUBLIC RECORDS. The Town shall have access to records and
other like materials of a franchisee upon reasonable prior notice as may be
necessary or convenient for the enforcement of this ordinance or as mutually
agreed upon by the Town and franchisee.
3-1.0375 ENFORCEMENT.
A. TERMINATION OF FRANCHISE.
1. The Town reserves the right to terminate and cancel any
franchise and all rights and privileges of a franchisee hereunder in the
event that the franchisee violates any provision of this franchise, provides
materially false statements under Section 3-1.0285, becomes insolvent,
unable or unwilling to pay its debts, is adjudged bankrupt, or practices
any fraud or deceit upon the Town.
December 10, 2012
Page 193
2. Such termination and cancellation shall be by resolution duly
adopted after 30 days written notice to the franchisee and public hearing
at which the franchisee may present evidence and argument and shall in
no way affect any of the Town’s rights under this franchise or any
provisions of law.
3. Prevention or delay of any performance under the franchise
due to circumstances beyond the control of franchisee or Town including,
but not limited to, natural disaster, employee strikes or war shall not be
deemed noncompliance with or a violation of this franchise.
B. INJUNCTION AND NUISANCE. The Town may require a franchisee
which is operating in violation of this ordinance to cease operating in the Town
until such violation is stopped and prior violations are rectified. The Board may
declare operation of a cable system in violation of this ordinance a public
nuisance, and may abate such nuisance, as provided by law.
C. LATE PAYMENT PENALTIES. Each late payment shall be
accompanied with a “Late Fee” listed in the Fee Schedule at the end of this code.
3-1.0380 FRANCHISE FEE. Each franchisee shall pay to the Town an
annual franchise fee listed in the Fee Schedule at then end of this code which is
collected for cable services rendered in the Town. Such payment shall be in
addition to any other taxes or permit fees owed to the Town by the Grantee that
are not included as franchise fee under federal law.
3-1.0385 PAYMENT OF FRANCHISE FEE. The franchise fee due the Town
under this ordinance shall be computed and paid quarterly, based on the
Grantee's fiscal year. Estimated franchise payment shall be made to the
Treasurer within 45 days of the end of each of the first three quarters of the
franchisee’s fiscal year. The payment for the last quarter shall be made within
90 days of the conclusion thereof, may contain adjustments of prior quarterly
payments for that year, and shall include a certificate by an independent
Certified Public Accountant that the statement of gross revenue as defined
herein is correct pursuant to applicable generally accepted accounting
principles. As an alternative to such certificate, a franchisee may provide
certified statements prepared by is staff, provided the Town, it accountants,
auditors, attorneys, and agents, are permitted full access to the books and
records of the franchisee for the purpose of verifying the statements so provided
on the condition that they will keep confidential all information in said records
not necessary to prove any claim made by the Town. The initial payment
period, after a franchise is granted shall commence on the first day of the
second calender month which begins after the franchise is issued. If the result
of an audit ordered by the Town discloses underpayment because a franchisee
under-reported its applicable gross revenue for its fiscal year by five percent or
more, the franchisee shall pay the entire cost of the audit ordered by the Town.
December 10, 2012
Page 194
TITLE 3 - COMMUNITY ENVIRONMENT
CHAPTER 1 - BUSINESS REGULATIONS
ARTICLE 4 - CIGARETTE AND AMUSEMENT MACHINES
3-1.0405 AMUSEMENT MACHINES - REGULATION AND LICENSING.
A. DEFINITIONS. The following words and phrases as hereunder
defined shall apply to this title unless a different meaning is specifically afforded
to the word or phrase or the context requires otherwise:
1. “Amusement Devices” means any machine or devise, coin-
operated or for the operation of which a fee is charged, the operation or
use of which involves a skill feature and which do not deliver, pay out or
emit coins, tokens, coupons, tickets, receipts, chips or other things which
may be redeemed, accepted or exchanged for money, merchandise or
other thing of value or for use in operating any such amusement device.
2. “Coin-Operated Phonograph” means any phonograph
designed to be operated by use of coin, token, slug or other thing.
3. “Operator-Possessor” means the person, firm or corporation
operating or conducting the premises, as owner, lessee, tenant or
otherwise, in which an amusement device or coin-operated phonograph is
located or contained for use.
B. No operator-possessor, as herein defined, shall distribute, lease,
install or set up any amusement device or coin-operated phonograph for use on
any premises in the Town without first obtaining a license so to do as herein
provided.
C. Any person, firm or corporation being an operator of an amusement
device or coin-operated phonograph as herein defined shall make application to
the Board for a license.
D. The license fee for operator's license shall listed on the Fee
Schedule at the end of this code and shall be paid to the Treasurer at the time
of filing the application for such license hereunder. Operator's license shall be
granted only to persons of good moral character and qualified to do business
within the state. Applicants shall consent in their application to reasonable
inspection of their records and devices by a representative of the Town to
determine compliance with this section.
December 10, 2012
Page 195
E. The operator's license shall be issued in the name of operator-
possessor and shall at all times be publicly and continuously displayed in such
premises.
F. The license may be transferred to another location during the
current license year and upon surrender and cancellation of the then existing
license, a new license for the unexpired license period shall be issued.
G. The license period shall run from the 1st day of July to the 30th
day of June of the succeeding year.
H. The Clerk shall provide appropriate forms of licenses and keep and
maintain adequate records of the issue thereof as provided in this section.
I. As a condition of the license granted hereunder, the licensee or
other qualified, competent person designated by the licensee shall be on the
premises upon which are located licensed amusement devices at all times that
such premises is open for business, for the purpose of maintaining order and
decorum on the premises.
J. It is unlawful for any operator or possessor, as herein defined, or
for any other person, firm or corporation to offer, advertise, make or give or
award any prize, money or thing of value to any person for, through or by
reason of the use or operation of any amusement device.
December 10, 2012
Page 196
TITLE 3 - COMMUNITY ENVIRONMENT
CHAPTER 1 - BUSINESS REGULATIONS
ARTICLE 5 - MOBILE HOMES, MOBILE HOME PARKS
AND MOBILE HOME FEES
3.1-0505 DEFINITIONS.
A. "Dependent Mobile Home" means a mobile home which does not
have complete bathroom facilities.
B. "Licensee" means any person licensed to operate and maintain a
mobile home park under this section.
C. "Mobile Home" means a vehicle manufactured or assembled before
June 15, 1976; designed to be towed as a single unit or in sections upon a
highway and equipped and used or intended to be used primarily for human
habitation; with walls of rigid uncollapsible construction; and which has an
overall length in excess of forty-five feet (45').
D. "Manufactured Home" means a structure constructed after June
14, 1976 which is transportable in one or more sections; which in the traveling
mode is 8 body feet or more in width or 40 body feet and which is built on a
permanent chassis and designed to be used as a dwelling with or without a
permanent foundation when connected to the required facilities.
E. "Mobile Home Park" means any plot or plots of ground upon which
two or more units, occupied for dwelling or sleeping purposes are located,
regardless of whether or not a charge is made for such accommodation.
F. "Non-Dependent Mobile Home" means a mobile home equipped
with complete bath and toilet facilities, all furniture, cooking, heating,
appliances and complete year round facilities.
G. "Park" means mobile home park.
H. "Person" means any natural individual, firm, trust, partnership,
association or corporation.
I. "Space" means a plot of ground within a mobile home park
designed for the accommodation of one mobile home unit.
J. "Unit" means a mobile home or a manufactured home.
December 10, 2012
Page 197
3.1.0506 COUNTY JURISDICTION. In the event any part of this chapter
covers matter also covered by an ordinance of Eau Claire County,
the more strict provision shall apply.
3.1.0507 MOBILE HOME PARK REQUIREMENTS.
A. The minimum park size shall be five acres.
B. The maximum density shall be four lots per acre.
C. No unit may be located closer than fifty feet (50') from the exterior
boundary of the park.
D. The park shall be properly drained, attractively landscaped and
screened along the exterior boundary all in accordance with the site plan
submitted and approved by the Board.
E. Each park shall have a minimum of ½ acre recreation area for each
50 sites.
F. These shall be the allowable uses:
1. Units shall be for single families only; and
2. Service buildings such as, offices, laundromats, convenience
stores and recreation buildings shall be for use of park residents only.
These buildings may not occupy more than five per cent of gross area of
park.
G. The following is prohibited in a Mobile home Park:
1. Commercial sales of homes; and
2. Occupancy of motor homes and camping trailers for
residential use.
H. Street and parking requirements:
1. Every site within the park shall be served by one or more
December 10, 2012
Page 198
private streets within the park;
2. Park entrances shall be located to avoid congestion and
hazards on adjacent public streets.
3. Interior private streets shall be a minimum eighteen feet (18')
wide and have a dust free surface.
4. Each site shall include improved parking spaces for at least
two motor vehicles.
5. Utilities:
(a) Each park shall be served by a common or public water
supply system capable of delivering 250 gallons per day to each
home. All elements of the system must meet the requirements of
all state and county ordinances and codes.
(b) The sewer system shall meet the requirements of
Chapter DIHLR 83, Wisconsin Administrative Code, and the County
Sanitary Code.
(c) Each site shall be served by buried electricity and
telephone service, unless soil conditions require the use of overhead
lines.
3-1.0510 MOBILE HOME PARKS - LICENSE AND REVOCATION OR
SUSPENSION.
A. It shall be unlawful for any person to maintain or operate within
the limits of the Town any mobile home park unless such person first obtains
from the Town a license therefor.
B. Original application for mobile home park license shall be filed with
the Clerk of the licensing authority. Applications shall be in writing, signed by
the applicant and shall contain the following:
1. The name and address of the applicant.
2. The location and legal description of the mobile home park.
December 10, 2012
Page 199
3. The complete plan of the park.
C. Accompanying and to be filed with an original application for a
mobile home park shall be plans and specifications which shall be in
compliance with all applicable Town and County ordinances and provisions of
the Department of Health and Social Services.
D. When reviewing an application for a mobile home park license, the
Board shall consider, along with all documents received and statements from
the applicant and others, the site plan for the proposed park, its proximity to
major traffic routes and shopping areas, its potential impact on schools, public
services and public utilities, its compatibility with nearby land use, and its
potential effect on the value of nearby properties.
E. The Clerk, after approval of the application by the Board and upon
completion of the work according to the plans, shall issue the license. A mobile
housing development harboring only non-dependent mobile homes as defined in
Section 3.1-0505 (F) shall not be required to provide a service building.
F. Upon application by any licensee and after approval by the Board
and upon payment of the annual license fee, the Clerk of the Town shall issue a
certificate renewing the license for another year, unless sooner revoked. The
application for renewal shall be in writing, signed by the applicant on forms
furnished by the Town.
G. Upon application for a transfer of license and payment of the fee
shown on the Fee Schedule at the end of this code, the Clerk shall issue a
transfer.
H. The Clerk shall not issue any original or renewal license unless the
operator has filed a bond assuring the Town of collection of the mobile home
fees likely to be due during the term of the licensee. The bond may be issued by
a bonding company believed to be a business in the State of Wisconsin or it may
have two unrelated private sureties in which case said sureties shall
demonstrate to the Clerk that each owns unencumbered property not exempt
from execution which has a value equal or greater than the amount of the bond.
If any marital property is to be counted, the spouse of the surety shall sign as
an additional surety.
I. REVOCATION.
1. Any license granted under the provisions of this section shall
be subject to revocation or suspension for cause by the Board upon
complaint filed with the Clerk signed by any law enforcement officer,
health officer or building inspector after a public hearing upon such
complaint, provided that the holder of such license shall be given ten
December 10, 2012
Page 200
days' notice in writing of such hearing and he shall be entitled to appear
and be heard as to why such license shall not be revoked. Any holder of a
license which is revoked or suspended by the Board may within 20 days
of the date of such revocation or suspension appeal therefrom to the
Circuit Court of Eau Claire County by filing a written notice of appeal
with the Clerk together with a bond executed to the Town in the sum of
$500.00 with two sureties or a bonding company approved by said Clerk,
conditioned for the faithful prosecution of such appeal and the payment
of costs adjudged against him.
2. If used in this section, "cause" includes, but is not limited to,
the following:
(a) The violation by the operator of any ordinance, statute,
rule, regulation or license condition pertaining to the construction,
operation or maintenance of the park.
(b) The existence of any condition at the park which
violates any ordinances, statute, rule, regulation or license
condition.
(c) The failure to pay when due any fee prescribed by this
ordinance.
(d) The failure of the operator to enforce compliance within
the park of any ordinance, statute, rule, regulation or license
condition pertaining to said park.
3. The procedure for any hearing held under this paragraph
shall be as follows:
(a) The Clerk shall notify the operator in writing, by letter
mailed not less than 10 days prior to the date scheduled for a
hearing, of the alleged violations, the name of the complainant and
the date, time and place when the hearing will be held.
(b) The Chair shall chair the proceedings and the Clerk
shall keep minutes of the hearing. A verbatim transcript is not
required but interest parties are authorized to tape record or
otherwise preserve a verbatim record of the proceedings.
(c) The complainant and all of his or her witnesses shall
be heard and may be cross-examined by the park operator or his
December 10, 2012
Page 201
representative. The park operator may then be heard presenting
such evidence as he may desire and witnesses put forth by the park
operator shall be subject to cross-examination by the complainant
or his representative. The Board may question any of the parties.
(d) At the conclusion of evidence and argument, the Chair
shall declare the hearing closed and the Board may retire to
executive session for deliberation pursuant to Section 19.85 of the
Wisconsin Statutes.
(e) In the event it is the decision of the Board to suspend
or revoke the license of an operator, such suspension or revocation
shall take place upon issuance of the order by the Board or at such
other time as may be specified in said order.
3-1.0515 LICENSE FEES AND MONTHLY PARKING PERMIT FEE -
REVIEW.
A. The licensee shall pay an annual license fee listed in the Fee
Schedule at the end of this code.
B. In addition to the license fee provided in Paragraph A above, the
Town shall collect from each mobile home occupying space or lots in a park in
the Town, except from mobile homes that constitute improvements to real
property under Section 70.043(1) of the Wisconsin Statutes and from
recreational mobile homes and camping trailers as defined in Section
70.111(19) of the Wisconsin Statutes, a monthly parking permit fee computed
as follows:
1. On January 1 the assessor shall determine the total fair
market value of each mobile home in the taxation district subject to the
monthly parking permit fee. The fair market value, minus the tax-exempt
household furnishings thus established, shall be equate to the general
level of assessment for the prior year on other real and personal property
in the district. The value of each mobile home thus determined shall be
multiplied by the general property gross tax rate less any credit rate
under Section 79.10 of the Wisconsin Statutes established on the
preceding year's assessment of general property. The total annual
parking permit fee thus computed shall be divided by 12 and shall
represent the monthly mobile home parking permit fee. The fee shall be
applicable to mobile homes moving into the tax district any time during
the year.
2. The Park Operator shall furnish information to the Tax
District Clerk and the Assessor on mobile homes added to the park within
December 10, 2012
Page 202
five days after their arrival on forms prescribed by the Department of
Revenue. As soon as the assessor receives the notice of an addition of a
mobile home to a park, the assessor shall determine its fair market value
and notify the Clerk of that determination. The Clerk shall equate the fair
market value established by the assessor and shall apply the appropriate
tax rate, divide the annual parking permit fee thus determined by 12 and
notify the mobile home owner of the monthly fee to be collected from the
mobile home owner.
3. The mobile home park operator shall collect the monthly
parking fee from the mobile home owner. The licensee of a park shall be
liable for the monthly parking permit fee for any mobile home occupying
space therein as well as the owner and occupant thereof.
4. Liability for payment of the fee shall begin on the first day of
the next succeeding month and shall remain on the mobile home only for
such months as the mobile home remains in the tax district.
5. A new fee and a new valuation shall be established and
January and shall continue for that calendar year.
6. The valuation established shall be subject to review as are
other values established under Chapter 70. If the Board of Review
reduces a valuation on which previous monthly payments have been
made, the tax district shall refund past excess fee payments.
7. The monthly parking permit fee shall be paid by the mobile
home owner to the Treasurer on or before the 10th of the month following
the month for which such parking permit fee is due.
8. No such fee shall be imposed for any space occupied by a
recreational vehicle or a mobile home accompanied by an automobile for
an accumulating period not to exceed 60 days in any 12 month period if
the occupants of the mobile home are tourists or vacationists. Exemption
certificates in duplicate shall be accepted by the Treasurer from qualified
tourists or vacationists in lieu of monthly mobile home parking permit
fees.
C. Failure to timely pay the tax hereunder shall be treated in all
respects like a default in payment of personal property tax and shall be subject
to all procedures and penalties applicable thereto under Chapters 70 and 74.
D. A park operator who collects the monthly parking permit fee from
mobile home owners may deduct, for administrative expenses, two percent of
the monthly fees collected.
December 10, 2012
Page 203
E. The Town shall retain ten percent of the monthly parking permit
fees collected in each month without reduction for any amounts deducted under
Paragraph E to cover the cost of administration. The Clerk shall pay to the
school district in which the park is located within 20 days after the end of each
month such proportion of the remainder of the fees collected in the preceding
month as the ratio of the most recent property tax levy for school purposes
bears to the total tax levy for all purposes in the municipality. If the park is
located in more than one school district, each district shall receive a share in
the proportion that its property tax levy for school purposes bears to the total
tax levy.
3-1.0520 SITING MOBILE HOMES AND MANUFACTURED HOMES IN THE
TOWN OTHER THAN IN PARKS.
A. No person may park, locate or occupy a mobile home in the Town
other than in a mobile home park except those which were occupied upon the
date of adoption of this ordinance.
B. No person may park, locate or occupy a manufactured home in the
Town other than in a mobile home park except under the following conditions:
1. Location and occupancy of the home are lawful under the
Eau Claire County Zoning Ordinance and all necessary permits are
obtained from Eau Claire County;
2. The manufactured home shall be placed on an adequate
foundation meeting the Uniform Dwelling Code or be anchored according
to the NCSBCS A225.1-1987 Standards;
3. If a manufactured home is anchored, it shall be skirted with
a water-resistant material that is similar in style and appearance to the
exterior siding of the manufactured home. The skirting shall be properly
ventilated;
4. No reconditioned manufactured home located in the Town,
outside of a mobile home park, unless it is certified by the United States
Department of Housing and Urban Development after reconditioning. A
manufactured home cannot be located in the Town outside of a mobile
home park until a permit has been issued by the Town. When
considering the issuance of a permit, the Board shall consider all relevant
factors including, but not limited, the following:
(a) Vehicular access.
December 10, 2012
Page 204
(b) Surrounding land uses.
(c) Availability of utilities.
(d) Environmental factors.
(e) Site location.
3-1.0525 MONTHLY PARKING PERMIT FEES ON MOBILE HOMES AND
MANUFACTURED HOMES NOT SITED IN MOBILE HOME PARKS. If a mobile
home or manufactured home is permitted to be located outside of a licensed
park, the Town shall collect a monthly parking permit fee determined in
accordance with Section 3-1.0515 (C) from the owner of the land on which it
stands and the owner of such land shall be required to comply with the
reporting requirements of Section 3-1.0515 (C). The owner of the land may
collect the fee from the owner of the mobile home and, on or before January 10
and on or before July 10, shall transmit to the taxation district all fees owed for
the six months ending on the last day of the month preceding the month when
the transmission is required.
3-1.0530 PENALTY. Any person who fails to comply with the reporting
requirements of Section 3-1.0515 (C) (2) and Section 3-1.0515 (D) of this
ordinance shall be a Class E offense and subject to a forfeiture of not less than
five ($5.00) dollars nor more than twenty-five ($25.00) dollars, plus the costs of
prosecution and in default of payment of such forfeiture and the costs of
prosecution shall be imprisoned in the County jail until payment of such
forfeiture and costs of prosecution is made but no for more than 90 days. Each
day of violation shall constitute a separate offense.
December 10, 2012
Page 205
TITLE 3 - COMMUNITY ENVIRONMENT
CHAPTER 1 - BUSINESS REGULATIONS
ARTICLE 6 - DIRECT SELLERS
3-1.0605 REGISTRATION. It shall be unlawful for any direct seller to engage
in direct sales within the Town of Union without being registered for that
purpose as provided herein.
3-1.0610 DEFINITIONS.
A. "Direct Seller" means any individual who, personally or for a
partnership, association or corporation sells goods or services, or takes sales
orders for the later delivery of goods or services, at any location other than the
permanent business place or residence of said individual, partnership,
association or corporation and shall include, but not be limited to, peddlers,
solicitors and transient merchants. The sale of goods or services includes
donations required by the direct seller for the retention of goods or services by a
donor or prospective customer.
B. "Permanent Merchant" means a direct seller who, for at least one (1)
year prior to the consideration of the application of this Article to said
merchant, 1) has continuously operated an established place of business in this
town, or 2) has continuously resided in this town and now does business from
said residence.
C. "Goods" shall include personal property of any kind, and shall
include goods provided incidental to services offered or sold.
D. "Charitable Organization" shall include any benevolent,
philanthropic, patriotic or eleemosynary person, partnership, association or
corporation, or one purporting to be such.
E. "Clerk" shall be the Town Clerk.
F. "Services" shall include but not be limited to any act, work
assistance, advice or consultation provided for another for pay or other
consideration.
3-1.0615 EXEMPTIONS. The following shall be exempt from all provisions of
this ordinance:
A. Any person delivering newspapers, fuel, dairy products or bakery
goods to regular customers on established routes;
December 10, 2012
Page 206
B. Any person selling goods at wholesale to dealers in such goods;
C. Any person selling agricultural products which such person has
grown;
D. Any permanent merchant or employee thereof who takes orders
away from the established place of business for goods regularly offered for sale
by such merchant within this town and who delivers such goods in their regular
course of business;
E. Any person who has an established place of business where the
goods being sold are offered for sale on a regular basis, and in which the buyer
has initiated contact with, and specifically requested a home visit by said
person;
F. Any person who has had, or one who represents a company which
has had, a prior business transaction, such as a prior sale or credit
arrangement, with the prospective customer;
G. Any person holding a sale required by statute or by order of any
court and any person conducting a bona fide auction sale pursuant to law;
H. Any employee, officer or agent of a charitable organization who
engages in direct sales for or on behalf of said organization, provided that there
is submitted to the clerk proof that such charitable organization is registered
under §440.41 Stats., or proof that such charitable organization is exempt from
such registration. Any charitable organization not registered under §440.41
Stats., and not exempt from that statute's registration requirements, shall be
required to register under this ordinance.
I. Any person who claims to be a permanent merchant, but against
whom complaint has been made to the Clerk that such person is a transient
merchant; provided that there is submitted to the Clerk, proof that such person
has leased for at least one year, or purchased, the premises from which the
business is conducted, or proof that such person has conducted such business in
this town for at least one year prior to the date complaint was made.
J. Any person who acts as a direct seller at a private non-public
premise, provided that another person, corporation, partnership, association or
other entity has properly registered with the town pursuant to the terms of this
ordinance, and where the "license" of such registrant is posted in a place on the
premises clearly visible to the public.
December 10, 2012
Page 207
3-1.0620 REGISTRATION.
A. Twenty-four (24) hours prior to registration, applicants for
registration must complete and return to the clerk a registration form furnished
by the clerk which shall require the following information:
1. Name, permanent address and telephone number, and
temporary address, if any;
2. Age, height, weight, color of hair and eyes;
3. Name, address and telephone number of the person, firm,
association or corporation that the direct seller represents or is employed
by, or whose merchandise is being sold;
4. Temporary address and telephone number from which
business will be conducted, if any;
5. Nature of business to be conducted and a brief description of
the goods offered, and any services offered;
6. Proposed method of delivery of goods, if applicable;
7. Make, model and license number of any vehicle to be used by
applicant in the conduct of the business;
8. Last cities, villages, towns, not to exceed three, where
applicant conducted similar business;
9. Place where applicant can be contacted for at least seven
days after leaving this city;
10. Statement as to whether applicant has been convicted of any
crime or ordinance violation related to applicant's transient merchant
business within the last five years, the nature of the offense and the place
of conviction.
11. Applicant shall list State Sellers Number, or Tax Exempt
Number, or Federal Sellers Permit Number on the application.
B. Applicants shall present to the clerk for examination:
December 10, 2012
Page 208
1. A driver's license or some other proof of identity as may be
reasonably required;
2. A state certificate of examination and approval from the seller
of weights and measures where applicant's business requires use of
weighing and measuring devices approved by state authorities;
3. A state health office's certificate where applicant's business
involves the handling of food or clothing and is required to be certified
under state law; such certificate to state that applicant is apparently free
from any contagious or infectious disease, dated not more than 90 days
prior to the date the application for license is made.
C. At the time the registration is returned, a fee, listed in the Fee
Schedule at the end of this code, shall be paid to the clerk to cover the cost of
processing said registration and other incidental costs. The applicant shall sign
a statement appointing the clerk as agent to accept service of process in any
civil action brought against the applicant arising out of any sale or service
performed by the applicant in connection with the direct sales activities of the
applicant, in the event the applicant cannot, after reasonable effort, be served
personally. Upon payment of said fee and the signing of said statement, the
Clerk shall register the applicant as a direct seller and date the entry. Said
registration shall be valid for a period of thirty (30) days from the date of entry,
subject to subsequent refusal as provided in Sec. 3-1.0625(B).
D. At the time of registration, the clerk shall issue a numbered
registration form entitled "license" to each applicant. If the applicant's business
is to be conducted at only one location, said license must be displayed at all
times such business is conducted in a place clearly visible to the public. All
applicants who will conduct their business from place to place in the town shall
also be issued a numbered paper license which must be displayed on their
person in a place which is clearly visible to the public, during all times that they
conduct such business.
3-1.0625 INVESTIGATION.
A. Upon receipt of each application, the clerk may refer it immediately
to the Police Officer or County Sheriff who may make and complete an
investigation of the statements made in such registration.
B. The clerk shall refuse to register the applicant if it is determined,
pursuant to the investigation above, that: the application contains any material
omission or materially inaccurate statement; complaints of a material nature
have been received against the applicant by authorities in the last cities, villages
December 10, 2012
Page 209
and towns, not exceeding three, in which the applicant conducted similar
business; the applicant was convicted of a crime, statutory violation or
ordinance violation within the last five years, the nature of which is directly
related to the applicant's fitness to engage in direct selling; or the applicant
failed to comply with any applicable provision of Sec. 3-1.0620(B) above.
3-1.0630 APPEAL. Any person denied registration may appeal the denial
through the appeal procedure provided by ordinance or resolution of the Town
Board, or, if none has been adopted, under the provisions of Sec. §68.06
through 68.16, Stats.
3-1.0635 REGULATION OF DIRECT SELLERS.
A. Prohibited Practices.
1. A direct seller shall be prohibited from: calling at any
dwelling or other place between the hours of 8:00 p.m. and 9:00 a.m.
except by appointment; calling at any dwelling or other place where a sign
is displayed bearing the words "No Peddlers", "No Solicitors" or words of
similar meaning; calling at the rear door of any dwelling place; or
remaining on any premises after being asked to leave by the owner,
occupant or other person having authority over such premises.
2. A direct seller shall not misrepresent or make false, deceptive
or misleading statements concerning the quality, quantity or character of
any goods offered for sale, the purpose the visit the seller's identity or the
identity of the organization represented. A charitable organization direct
seller shall specifically disclose what portion of the sale price of goods
being offered will actually be used for the charitable purpose for which the
organization is soliciting. Said portion shall be expressed as a percentage
of the sale price of the goods.
3. No direct seller shall impede the free use of sidewalks and
streets by pedestrians and vehicles. Where sales are made from vehicles,
all traffic and parking regulations shall be observed.
4. No sales shall be solicited or made, nor shall advertising or
goods be displayed on any public property except as authorized in writing
by the government which owns such property.
5. No direct seller shall make any loud noises or use any sound
amplifying device or use blinking, rotating, or oscillating lights to attract
customers if the noise or visible effect produced is capable of being plainly
heard or seen outside a one-hundred foot radius of the source.
December 10, 2012
Page 210
6. No direct seller shall allow rubbish or litter to accumulate in
or around the area in which business is conducted.
7. A direct seller shall display a valid license at all times when
conducting business in a manner readily visible for examination.
8. The license number issued to a direct seller must appear in a
clearly visible place in all printed or written advertisement used by the
direct seller to promote business. Such number shall appear at the end
of the following phrase: "Town of Union license no.______." All radio or
television advertisement by a direct seller must also contain either a
verbal or a written statement that the advertiser is licensed by the Town
of Union, and must include that direct seller's number.
B. Disclosure Requirements.
1. After the initial greeting and before any other statement is
made to a prospective customer, the name of the direct seller shall be
disclosed, the name of the company or organization the seller is affiliated
with, if any, and the identity of goods or services offered for sale.
2. If any sale of goods is made by a direct seller, or any sales
order for the later delivery of goods is taken by the seller, the buyer shall
have the right to cancel said transaction, if it involves the extension of
credit or is a cash transaction of more than $25.00, in accordance with
the procedure as set forth in §423.203, Stats.; the seller shall give the
buyer two copies of a typed or printed notice of that fact. Such notice
shall conform to the requirements of §423.203 (1) (a), (b), and (c), (2) and
(3), Stats.
3. If the direct seller takes a sales order for the later delivery of
goods, the seller shall, at the time the order is taken, provide a writing
containing the amount paid in advance whether full, partial or no
advance payment is made, the name address and telephone number of
the seller, the delivery or performance date and whether a guarantee or
warranty is provided and, if so, the terms thereof.
3-1.0640 RECORDS. The clerk shall note any violation of this ordinance on the
record of the registrant convicted.
3-1.0645 REVOCATION OF REGISTRATION.
A. Registration may be revoked by the Town Board after notice and
hearing, if the registrant made any material omission or materially inaccurate
December 10, 2012
Page 211
statement in the application for registration, made any fraudulent, false,
deceptive or misleading statement or representation in the course of engaging in
direct sales, violated any provision of this ordinance or was convicted of any
crime or ordinance or statutory violation which is directly related to the
registrant's fitness to engage in direct selling.
B. Written notice of the hearing shall be served personally on the
registrant at least 72 hours prior to the time set for the hearing; such notice
shall contain the time and place of hearing and a statement of the facts upon
which the hearing will be based.
3-1.0650 PENALTY. Any person convicted of violating any provisions of this
ordinance shall forfeit not less than twenty-five dollars ($25.00) nor more than
one hundred dollars ($100.00) for each violation plus costs of prosecution.
Each violation shall constitute a separate offense.
December 10, 2012
Page 212
TITLE 3 - COMMUNITY ENVIRONMENT
CHAPTER 1 - BUSINESS REGULATIONS
ARTICLE 7 - SOLID WASTE COLLECTION AND LANDFILLS
3-1.0710 SOLID WASTE COLLECTION. The provisions of this ordinance
shall apply to any person, firm, or corporation collecting, transporting,
dumping, or disposing of garbage, recyclables, refuse or rubbish within the
Town; and shall supercede any and all previous ordinances or parts of
ordinances with which it conflicts. Except for such conflicts, the effect of said
ordinances shall be cumulative.
3-1.0720 LICENSE REQUIRED. Except for those persons who collect yard
waste for disposal in other than a licensed landfill, No person, firm, or
corporation shall collect, transport, dump or dispose of solid waste within the
Town except upon license issued by the Board.
3-1.0725 LICENSE APPLICATION. An application for a license hereunder shall
be made to the Board in writing; and shall include:
A. The name and address of the applicant; if the applicant is a
corporation, the name and address of the corporation's principal officer and
registered agent.
B. The legal description of any disposal site to be used by the licensee.
C. A copy of any license granted to the applicant by the Wisconsin
Department of Natural Resources.
D. A certificate of inspection by the Eau Claire City/County Health
Department for each vehicle to be used by the licensee, certifying that such
vehicle complies with all applicable health regulations.
E. A certificate of insurance as described below.
F. The names and addresses of municipalities within the state which
have issued to the applicants similar disposal licenses and a summary of the
applicant's experience.
3-1.0730 TERM OF LICENSE. A license issued hereunder shall be for a term
not to exceed one year, commencing with the date of issuance of the license and
ending June 30th following. Such license may be renewed by the Town without
further written application.
December 10, 2012
Page 213
3-1.0735 LICENSE FEE. The applicant shall accompany his application with
the annual license fee listed in the Fee Schedule at the end of this code. If the
application is denied, the license fee shall be returned to the applicant.
3-1.0740 INSURANCE. Prior to issuance of the license, the applicant shall
furnish to the Clerk a current certificate of insurance showing worker's
compensation coverage and also showing that the operations of the applicant
pursuant to the license will be covered by public and vehicle liability and
property damage and indemnity insurance in the amount of $1,000,000.00 for
each death and injury; $3,000,000.00 for all deaths or injuries occurring in a
common accident (or $3,000.000 single limit coverage); and $300,000.00 for
property damage liability. All licenses shall save the Town harmless from
liability which may arise by reason of issuance of a license hereunder or
operations of the licensee hereunder. Failure to provide or keep in force the
insurance required hereunder shall automatically void the license issued
hereunder.
3-1.0745 REFUSE DESTINATION. All refuse collected in the Town by a
licensed hauler shall be deposited in a lawfully licensed location to receive such
refuse.
3-1.0750 REVOCATION. The Board may revoke any license issued hereunder
for cause upon three days notice to the licensee and after granting the
opportunity to be heard before the Board. Cause shall include by not be limited
to a violation of this ordinance or any other ordinance or state law or order
regulating the disposal, dumping, or transporting of solid waste; or the creation
of a public nuisance. If any license is revoked hereunder, the license fee shall
not be returned to the applicant.
3-1.0755 MANDATORY COLLECTION OF RECYCLABLES. Any business or
individual licensed, authorized or otherwise permitted to collect refuse in the
Town shall collect and dispose of recyclables placed for collection on the curb by
all customers living in single family homes and dwellings with two to four units.
Such collection shall be at least twice a month and for so long as the County
pays the hauler for collection of recyclables, there shall be no charge to the
customer except for the charge for collecting refuse. The licensee shall also
provide the customer, free of charge, with a minimum 18 gallon container that
complies with Subsection 12.73.140A of the Eau Claire County Code, into
which the customer may place the recyclables. For the purpose of this section,
recyclables shall mean those materials as defined in Subsection 12.73.100A of
the Eau Claire County Code.
3-1.0760 VOLUME BASED RATES. Each hauler shall provide volume based
rate schedule for garbage service to be assessed on a per container basis with
the base level of service not to exceed one 45 gallon container per week. The
schedule and any revisions thereof shall be filed with the Municipal Clerk and
County Solid Waste Coordinator prior to implementation or revision of said
schedule.
December 10, 2012
Page 214
3-1.0765 PENALTY. Any person, firm, or corporation who shall violate any
provision of this ordinance shall upon conviction forfeit not less than $500.00
nor more than $1,000.00 together with the costs of prosecution and in default
of payment of such forfeiture and costs of prosecution, shall be imprisoned in
the County jail until such forfeiture and costs are paid, for a term not to exceed
90 days. Each violation and each day of continued violation or each day a
violation occurs shall constitute a separate offense.
3-1.0770 DEFINITION.
A. "Hauler" means any person, firm, or corporation licensed by the
Town and authorized to collect refuse within the Town for deposit at a licensed
landfill.
B. "Yard waste" means grass clippings, lawn rakings and leaves.
3-1.0775 PURPOSE. The Town recognizes that yard waste comprises a
significant amount of the total volume of refuse deposited at any landfill. The
Town further acknowledges that there is a need to preserve landfill space. To
this end, Eau Claire County has adopted regulations prohibiting the deposit of
yard wastes at the County landfill and requiring that users of the landfill shall
adopt a program requiring the separation of yard wastes from other refuse. The
Town finds the public health and welfare is served by minimizing , to the extent
possible, the materials which are placed in the landfill. The intent of this
ordinance is to further the goal of having no yard waste deposited in the landfill,
thus conserving this valuable asset.
3-1.0780 SEPARATION. All persons whose refuse is disposed of at a licensed
landfill shall separate yard waste from all other refuse.
3-1.0785 NO COLLECTION OR DEPOSIT. No person shall place any yard
waste for collection or deposit in any landfill. No hauler shall collect any yard
waste for deposit at a landfill.
3-1.0790 REFUSAL OF SERVICE. Any yard waste placed for collection not in
accordance with the provisions of this section shall be refused by the hauler.
3-1.0793 PENALTY. Any person who violates a provision of this section shall,
upon conviction, forfeit:
A. Not less than $10.00 and not more than $25.00 for the first
conviction within one year;
December 10, 2012
Page 215
B. Upon the second conviction within one year, not less than $25.00
nor more than $50.00;
C. Upon the third conviction within one year, not less than $50.00 nor
more than $100.00;
D. Upon the fourth and subsequent convictions within one year, not
less than $100.00 nor more than $250.00.
The license of any licensed hauler who violates this section may be
suspended or revoked by the Town in addition to the imposition of a penalty
under this subsection.
The owners and operators of multiple-family dwellings and mobile home
parks shall provide facilities for the separation of yard waste by the residents of
such dwellings.
3-1.0795 LANDFILL SITING.
A. No land shall be used, within the Town as a Sanitary Land Fill
without permission from the Board or at the Annual Town meeting.
B. Permission for operation of a sanitary Land Fill May be issued by
the Board at its discretion. Said permission shall be on an annual basis and
the cost of said permission shall be at the rate of $100.00 per acre.
C. Any person, Corporation or municipal entity who fails to comply
with the provision of this ordinance shall, upon such failure thereof, forfeit not
less than $100.00 nor more than $250.00 and in default of said payment of
forfeiture and costs shall be imprisoned in the County Jail of Eau Claire County
until payment thereof, but not exceeding 30 days. Each violation exists or
continues shall constitute separate offenses.
December 10, 2012
Page 216
TITLE 3 - COMMUNITY ENVIRONMENT
CHAPTER 1 - BUSINESS REGULATIONS
ARTICLE 8 - JUNKED OR UNLICENSED VEHICLES, MACHINERY AND
PARTS THEREOF
3-1.0805 PERMIT REQUIRED. No person, firm, partnership or corporation
shall accumulate or store any unlicensed or junked vehicles, machinery, or
parts thereof, outside of any building on any real estate located in the Town,
except in compliance with all applicable ordinances of Eau Claire County. See
Nuisance Section for penalty (2.1-1.0410).
December 10, 2012
Page 217
TITLE 3 - COMMUNITY ENVIRONMENT
CHAPTER 1 - BUSINESS REGULATIONS
ARTICLE 9 -RECYCLING CENTER
3-1.0905 DEFINITIONS. For the purpose of this chapter:
A. “Recyclable Material” means any material that has been determined
to be recyclable by the State of WI Recycling Act and has been banned from the
Eau Claire County Landfill.
B. “Real Estate” means the plot of land and improvements described
as a parcel in the assessment roll on which the center is located.
C. “Screened” means hidden from view by;
1. Fencing of durable materials and construction properly
maintained,
2. Buildings,
3. Contour of Earth, or
4. By natural cover of sufficient density to restrict the view year
around.
D. “Center” means any location that deals in recycling materials.
3-1.0910 LICENSE REQUIRED. It is unlawful to operate a “Center” without a
license.
3-1.0915 LICENSE FEE. The license fee hereunder shall be as listed in the
Fee Schedule at the end of this code. Licenses issued to “Existing Centers”
shall be at the renewal rate. If no action is taken by the Board the license fee
shall remain the same as the previous year.
3-1.0920 LICENSE GRANTING AUTHORITY. The Board shall be the
granting authority for licenses which:
A. Are not transferable from person to person.
December 10, 2012
Page 218
B. May be amended for change of “Real Estate”.
3-1.0922 LICENSE APPLICATIONS. The application and license shall
contain the following;
A. The name of the applicant, owner and/or operator;
B. Address and telephone number of applicant;
C. Real Estate parcel to be licensed, (legal disc.);
D. Age of applicant (compliance with Chapter 103 WI SS);
E. Quantity and manner of storage;
F. Projected life of business on parcel; and
G. A site plan and building which will include screening subject to
Board approval.
3-1.0925 LICENSE COMPLIANCE REQUIREMENTS.
A. All materials and scrap metals outside of a building shall be
screened from view.
B. Business signs and advertising shall be limited to name of
business, type of business, business hours and telephone number.
C. Comply with fire safety requirements as determined by the
Township Fire Department.
D. Comply with all requirements and orders of state, federal, county
and town regulations.
E. Maintain adequate public liability insurance as determined by the
Board.
F. Maintain control to prevent trespassing, and prevent littering and
December 10, 2012
Page 219
nuisance to adjacent property.
G. Arrange material and scrap metal in neatly arranged rows wide
enough to allow fire equipment to drive between.
H. Agree to allow the Board or its designee to inspect the “Center”
upon an eight hour notice.
I. “Site Plan” shall be subject to approval of the Board and shall
include but not be limited to the following:
1. Employee parking.
2. Trailer parking and number of stalls.
3. Retail drop off bins.
4. Location of storage areas for:
(a) Hazardous substance such as batteries and other
toxic, corrosive, flammable irritants, strong sensitizers, or
explosives.
5. Landscaping plan including screening both natural or
fencing.
6. Building locations.
7. Storm drainage plan.
J. Daily inspection and clean up of “Center”
K. Noise emanating from property cannot exceed 60 decibels at the
property line as averaged over any one hour as measured by the City/County
Health Department or as acceptable by the Occupational Health and Safety Act
[OSHA].
L. All interior drains shall be directed to a septic system approved by
the City/County Health Department. Vehicle washing shall be in compliance
December 10, 2012
Page 220
with all City/County Health Department regulations and/or guidelines.
3-1.0930 LICENSE DISPLAY. License issued under this ordinance shall be
displayed at all times in a conspicuous place on the parcel for which it was
issued.
3-1.0935 LICENSE LIMITED. License shall be limited to one Recycling Center
License.
3-1.0940 LICENSE-REVOCATION-HEARING. Any license issued hereunder
may be revoked or suspended at any time by the Board after a hearing at which
it has been found that the licensee has failed to comply with the provisions of
this chapter. The complaint shall state the nature of the alleged failure to
comply with the provisions hereof. A copy of the complaint, together with a
notice of hearing, shall be served upon the licensee not less than ten days
previous to the date of the hearing.
3-1.0945 VIOLATION-PENALTY. Any person, firm, or corporation violating any
of the provisions of this chapter shall be a Class D offense and shall forfeit not
less than twenty-five ($25.00) dollars nor more than one hundred ($100.00)
dollars for each offense. Each day that the violation of this ordinance exists
shall be considered a separate and distinct offense. In default of payment of
said fine shall result in imprisonment in the County Jail for a period not
exceeding 30 days.
December 10, 2012
Page 221
TITLE 3 - COMMUNITY ENVIRONMENT
CHAPTER 1 - BUSINESS REGULATIONS
ARTICLE 10 - MOTOR VEHICLE SALVAGE YARD
3-1.1005 DEFINITIONS.
A. "Motor Vehicle Salvage Yard" means a parcel of real estate on which
motor vehicles or motor vehicle parts are stored or collected for the purpose of
dismantling, salvaging, or demolition and subsequent sale. An aggregation of
frames, bodies or parts from ten or more motor vehicles shall constitute a motor
vehicle salvage yard, hereinafter referred to as "Yard".
B. "Motor Vehicle" includes but is not limited to water craft,
automobiles, trucks, tractors, motorcycles, snowmobiles, all terrain vehicles,
buses, trailers, semi-trailers or any other motorized or mobile vehicle or
conveyance.
C. "Motor Vehicle Part" means any part from any motor vehicle
including batteries and tires.
D. "Real Estate" means the plot of land and improvements as
described as a parcel in the assessment roll on which the Yard is located.
E. "Screened" means hidden from view by:
1. Fencing of durable materials and construction properly
maintained.
2. Buildings.
3. Contour of earth.
4. By natural cover of sufficient density to restrict the view year
around.
F. "Existing Yards" means yards in existence and licensed by the
Department of Administration, State of Wisconsin, at the time this ordinance is
adopted.
December 10, 2012
Page 222
3-1.1010 LICENSE REQUIRED. It is unlawful to operate a "Yard" outside of a
building without a license.
3-1.1015 LICENSE FEE. The license fee hereunder shall be as listed in the
Fee Schedule at the end of this code. The initial license issued to "Existing
Yards" shall be at the renewal rate.
3-1.1020 LICENSE GRANTING AUTHORITY. The Board shall be the
granting authority for licenses which:
A. Are not transferrable from person to person, except that they may
be transferred to a corporation, limited liability company, or partnership of
which the licensee owns more than fifty percent and which the licensee
controls.
B. May not be transferred from the real estate described in the
application."
3-1.1025 LICENSE APPLICATIONS. The application and license shall
contain the following:
A. The name of the applicant, owner and/or operator, who must be an
adult.
B. Address and telephone number of applicant.
C. Full legal description of the real estate parcel to be licensed.
D. Evidence of ownership of the Real Estate, and satisfactory evidence
of the applicant's right to use the Real Estate for a yard.
E. Quantity and manner of storage.
F. Projected life of business on parcel.
G. A screening plan.
3-1.1030 LICENSE COMPLIANCE REQUIREMENTS.
December 10, 2012
Page 223
A. "Motor Vehicles" and "Motor Vehicle Parts" must be screened from
view in a lawful manner approved by the Board.
B. Business signs and advertising on the Real Estate shall comply
with all applicable zoning restrictions.
C. Comply with fire safety requirements as determined by the
Township Fire Department.
D. Comply with all laws, regulations, and orders of state, federal,
county and town governments.
E. Maintain adequate public liability insurance as determined by the
Board.
F. Maintain control to prevent trespassing and prevent littering and
nuisances to adjacent property.
G. Arrange "Motor Vehicles and Parts" in neatly arranged rows.
H. Agree to allow the Board or its designee to inspect the "Yard" at any
time during business hours, or at other times upon an eight hour notice.
I. Comply with all orders of the Board with regard to screening the
yard.
3-1.1035 LICENSE DISPLAY. License issued under this ordinance shall be
displayed at all times in a conspicuous place on the parcel for which is was
issued.
3-1.1040 LICENSING OF EXISTING YARDS. An "Existing Yard" shall obtain
a license or cease operations within one year of publication of this ordinance.
Provided the applicant presents the Board with a sound plan for full compliance
with this ordinance at the time of initial application, the Board may defer
compliance with some of the requirements of this ordinance for up to one year.
3-1.1045 LICENSE LIMITED. No more than three licenses shall be granted
under this ordinance. However, all "Existing Yards" at the time this ordinance
December 10, 2012
Page 224
is adopted are eligible for licensing. If there are more than three "Existing
Yards" at the time of adoption of this ordinance, no new Real Estate may be
licensed until the total of licensed yards shall be three or fewer.
3-1.1050 LICENSE-REVOCATION-HEARING. Any license issued hereunder
may be revoked or suspended at any time by the Board after a hearing at which
it has been found that the licensee has failed or refused to comply with any
provisions of this article. Such hearing may be held by the Board upon its own
motion or upon the complaint in writing duly signed and verified by a
complainant. Such complaint shall state the nature of the alleged failure to
comply with the provisions hereof. A copy of the complaint, together with a
notice of hearing, shall be served upon the licensee not less than ten days
previous to the date of the hearing.
3-1.1055 VIOLATION-PENALTY. Any person, firm, or corporation violating
any of the provisions of this chapter shall forfeit not less than $500.00 nor more
than $1,000.00 for each offense. Each day that the violation of this ordinance
exists shall be considered a separate and distinct offense. In default of payment
of said fine shall result in imprisonment in the County Jail for a period not
exceeding 30 days.
December 10, 2012
Page 225
TITLE 3 - COMMUNITY ENVIRONMENT
CHAPTER 1 - BUSINESS REGULATIONS
ARTICLE 11 - FEES AND LICENSES
3-1.1105 DENIAL - DELINQUENT TAXES.
A. PREMISES. No initial or renewal business, fermented malt
beverage, or alcohol beverage license or permit shall be issued for any premises
for which local taxes, assessments or other claims due to the Town are
delinquent and unpaid.
B. PERSONS. No initial or renewal business, fermented malt beverage,
or alcohol beverage license or permit shall be issued by the Town to any person:
1. Delinquent in payment of local taxes, assessments, or other
claims due to the Town; or
2. Delinquent in payment of a forfeiture resulting from a
violation of any ordinance of the Town.
C. NOTICE. Applicants for renewal of a license or permit shall be
afforded notice when a license renewal is denied on the basis of delinquent local
taxes, and may apply for an appeal hearing on the matter within 20 days of
receipt of said notice.
December 10, 2012
Page 226
TITLE 3 - COMMUNITY ENVIRONMENT
CHAPTER 2 - PARKS AND RECREATION
ARTICLE 1 - PARKS AND FORESTS
3-2.0105 PURPOSE. This chapter shall prescribe rules and regulations for
the establishment, protection, development and management of parks and
forests of the Town of Union so as to provide the associated benefits of soil and
water conservation, scenic value, and recreational benefit
3-2.0110 SCOPE. Except as provided otherwise herein, the provisions of this
chapter shall apply to all lands, structures, and property owned, leased or
administered by the Town for forest, park and special use purposes under the
management, supervision and control of the Board.
3-2.0115 PARK USE REGULATIONS.
A. All parks, special use areas and forests shall be open to the public
throughout the year during the hours between 6:00 a.m. and 11:00 p.m. each
day. No person may enter or be on such lands outside of those hours.
B. It shall be unlawful to use or possess any glass containers in any
park, forest or special use property of the Town.
C. Camping in any park, forest or special use area is prohibited
3-2.0120 INSTALLATION, PUBLIC UTILITIES AND PRIVATE
CONSTRUCTION. The location of all public and private utilities, structures,
lines and pipes within any park, forest or special use area shall be subject to
the control of the Board, and their construction, erection, repair, or relocation
shall be undertaken only after written consent from the Board.
3-2.0125 PEDDLING AND SOLICITING. It is unlawful for any person to
peddle or solicit business of any nature, to distribute handbills or other
advertising matter, or to post signs, posters, or decorations on any lands or
structures under the jurisdiction this ordinance, for any purposes whatsoever,
3-2.0130 PERSONAL CONDUCT. It is unlawful for any person to engage in
violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise
disorderly conduct under circumstances in which such conduct tends to cause
or provoke a disturbance.
3-2.0135 DESTRUCTION, DEFACEMENT OR REMOVAL. It is unlawful for
December 10, 2012
Page 227
any person to disturb, vandalize, damage, deface, remove, or destroy any trees,
shrubs, plants, rock, gravel, sand, dirt, or other natural material, to carve, paint
or mark, on any rocks, archeological or geological features, signs, walls or
structures, to drive nails into trees, or to move, injure, or deface in any manner
any structure, including buildings, signs, fences, tables, or other park property
except with the approval of the Board. This prohibition shall not include the
picking of edible fruits, nuts and fungi.
3-2.0140 TRESPASS AND TAMPERING. It is unlawful for any person to
enter any buildings, installation, or area which may be under construction,
locked or closed to public use or to tamper with, use or damage any water
control structure, or culvert, or to enter or be upon any building, installation, or
area after the posted closing time, or before the posted opening time, or contrary
to other posted notices in any park, forest, or special use area.
3-2.0145 CLEANING AND REFUSE.
A. WASHING. The washing of persons, pets, cooking utensils or
clothing, as well as the cleaning of fish and game, is prohibited in all of the
rivers and streams, or any picnic grounds, playgrounds, recreation areas, or
within fifty feet (50') of any pump, fountain, or drinking water outlet in any
park, forest or special use area.
B. REFUSE.
1. It is unlawful for any person to dispose of any garbage,
sewage, bottles, cans, paper, or other waste material, or to dump any
refuse in any park, forest or special use area, in any manner except by
placing the same in receptacles provided for such purposes.
2. Charcoal residue shall not be discarded onto any grounds,
nor into any containers other than those designated for such purpose.
3. It is unlawful for any person to dispose of any personal
household garbage in any refuse container provided by the Town in any
park, forest, or special use area.
3-2.0150 VEHICULAR TRAFFIC. No person shall operate any vehicle, ATV,
motor bike, motor cycle, bicycle, snowmobile or automobile in any park, forest
or special use area without the written authorization of the Board. This section
of this ordinance does not apply to Emergency Vehicles used in accordance with
fire suppression, emergency medical services, law enforcement and search and
rescue or training of such disciplines.
December 10, 2012
Page 228
3-2.0155 FIRES. It is unlawful within any park, forest or special use area for
any person to start, tend or maintain any fire except for cooking and lawful
camp fires. It is also unlawful for any person to leave unattended or abandon
any fire, to discard any matches, cigarettes, cigars, pipe ashes or embers
without first extinguishing them. The burning of any items other than dry,
untreated wood products is also prohibited
3-2.0160 FIREWORKS, ROCKETS, EXPLOSIVE DEVICES. It is unlawful for
any person to possess, fire, discharge, explode or set off any squib, cracker or
other explosive or pyrotechnic device containing powder or other combustible or
explosive material within the boundaries of any park, forest or special use
areas.
3-2.0165 FIREARMS AND BOWS. It is unlawful for any person to have in his
or her possession or under his or her control in any park, or special use area
any firearm or air-gun as defined in Wis. Stat. 939.22(2) or other device that
impels by force any object of any kind unless it is unloaded and enclosed in a
carrying case, or any bow, crossbow or slingshot unless it is unstrung and
enclosed in a carrying case.
3-2.0170 PETS. It is unlawful for any person to allow pet animals to enter
any public building, picnic ground or playground within any park, forest or
special use area, or to allow them to run at large at any time in parks, forest or
special use areas. Subject to the conditions expressed such animals shall be
permitted, provided that they are kept on a leash no longer than eight feet (8')
and under the owner's control at all times. The owner or person in charge of an
animal shall promptly remove and dispose of in a sanitary manner any excreta
deposited by such animal. Persons shall not allow their pet animals to deprive
or disrupt the enjoyment or use of any area by other persons. Pets may be
allowed to run at large in specified forests upon resolution by the Board.
3-2.0175 HORSES. It is unlawful for any person to ride or possess a horse in
any park, forest or special use area. Horses may be allowed in specified forests
or special use areas upon resolution by the Board.
3-2.0180 HUNTING AND TRAPPING. It is unlawful for any person to take,
catch, kill, hunt, trap, pursue, or otherwise capture any wild animals or birds in
any park, forest or special use area. Hunting by the general public may be
allowed in specified forests upon resolution by the Board.
3-2.0185 TIMBER CUTTING.
A. Cultural cuttings shall include thinning, release cuttings,
sanitation cuttings and improvement cuttings to remove trees of inferior
species, form, or condition for the purpose of stand improvement. All cultural
December 10, 2012
Page 229
cuttings in the forest shall be approved by the Board, in accordance
recommendations from the staff of the Wisconsin Department of Natural
Resource. Materials cut in such operations by crews employed by the Town may
be used by the Town or given to others for their use, or sold, as determined by
the Board. When given, or sold, to others, the latter shall pay the Town a sum
not less than prevailing average stumpage rates.
B. Salvage cuttings shall include the cutting of timber damaged by
fire, storm, insect or disease. Salvage cutting shall be done under the procedure
specified for cultural cutting or for commercial cutting, as established by the
Board.
C. Commercial cuttings shall include all cuttings where stumpage is
sold under contract in which the primary objective of the cutting is the
marketing of the timber products, including logs, ties, poles, posts, pulpwood,
piling, Christmas trees and boughs, or other forest products.
3-2.0190 ENFORCEMENT. The Board, any Sheriff, Deputy Sheriff of Eau
Claire County and any other person appointed by the Board is authorized to
enforce the provisions of this ordinance.
3-2.0195 PENALTIES. The penalty for violation of any portion of this
ordinance shall be a forfeiture of not less than $100 or more than $250 plus the
cost of prosecution. Penalties are doubled for second and subsequent offense.
December 10, 2012
Page 230
TITLE 4 - PUBLIC WORKS
CHAPTER 1 - DEPARTMENT OF PUBLIC WORKS
ARTICLE 1 - GENERAL PROVISIONS
(Reserved for Future Use)
December 10, 2012
Page 231
TITLE 4 - PUBLIC WORKS
CHAPTER 2 - STREETS
ARTICLE 1 - STREET REGULATIONS
4-2.0105 PURPOSE. The purpose of this article is to regulate the use of Town
roads and streets, hereinafter called streets, in the Town for the safety and
convenience of the public.
4-2.0110 FIRES IN STREETS. It is unlawful for any person to burn any
rubbish, leaves or other combustible material in any street or alley in the Town.
(Class D - $25.00)
4-2.0115 PLAYING GAMES. No person or persons shall take part in any game
of ball on a street or alley, nor shall by person or persons take part in tossing or
throwing a ball, flying a kite or in any other game of play on any public street or
alley which shall tend to impede or endanger public travel thereon, which may
be dangerous to the safety of such person or persons or which may be contrary
to the interests of public safety. (Class E - $10.00)
4-2.0120 SKATEBOARDS, ROLLER SKATES, AND ROLLER SKIS.
A. It shall be unlawful for any person to operate or ride a skateboard,
roller skates, or roller skis in any of the following places:
1. On any street.
2. On any sidewalk in the business district. For purposes of
this section, a business district shall be defined as any area primarily
commercial in nature.
3. In any public parking ramp or parking lot.
4. On private property, unless permission has been received
from the owner, lessee or person in charge of that property.
B. Operators or riders of skateboards, roller skates, or roller skis shall
yield the right-of-way to other pedestrians using Town sidewalks, and shall not
otherwise endanger or interfere with normal pedestrians traffic on those
sidewalks.
4-2.0125 WARNING LIGHTS REQUIRED. Every person, firm or corporation
or the agent of any person, firm or corporation who receives permission from the
December 10, 2012
Page 232
Town Road Commissioner to place any building materials or other obstructions
upon any street or highway in the Town shall place and maintain upon or
around such material or other obstructions each night from time of sunset until
time of sunrise, sufficient lights to warn all persons riding, driving, or passing
along said street or highway of the presence of such material or obstruction.
(Class D - $50.00)
4-2.0130 TAMPERING WITH BARRICADES OR LIGHTS. No person or
persons shall knock down, destroy or injure any barrier, light or other
protection in and upon streets, alleys and public places under construction or
improvement in the Town; nor shall any person walk, drive upon, or in any way
injure, disfigure, or destroy any pavement upon any street, alley or public place
not opened by the road commissioner for public use or travel; nor shall any
person knock down, destroy or injure any manhole, water hydrant, or catch
basin in or upon any streets.
4-2.0135 OBSTRUCTING, LITTERING, VEGETATION CONTROL.
A. No person shall place, deposit or cast or cause to be placed,
deposited, or cast upon any street, alley, gutter, sidewalk or public ground
within the Town any grass clippings, leaves, ashes, rubbish, paper, snow or ice
or anything or substance whatever which may obstruct any such street, alley,
gutter, sidewalk or public ground, or impede, hinder, or endanger travel
thereon, or which shall or may injure or disfigure the same, or tend to the injury
or disfigurement thereof, or tend to render the same unclean or a nuisance; nor
shall any person cause or suffer any motor vehicle or other vehicle, or any box,
crate, bale, package, merchandise or other thing to stand or be in or upon any
such street, alley, sidewalk or public ground longer than may be actually
necessary. (Class D - $25.00)
B. No person shall permit any vegetation growing on premises owned
or controlled by him or her to obstruct or impede, hinder, or endanger travel
upon any street, sidewalk or alley under like penalty. (Class E - $10.00)
C. No person shall place or cause or permit another to place snow or
ice anywhere upon a Town owned right-of-way at a location or at a height or
depth that said snow or ice interferes with or impedes Town snow clearance
operations or which causes damage or injury to any Town equipment or
personnel. (Class D - $25.00).
4-2.0140 CLEANING OF SNOW AND ICE REQUIRED.
A. The owner of every lot or parcel of land shall keep the public
sidewalk adjacent to said premises reasonably clear and free from snow and ice
and shall clear the snow from such sidewalk within 24 hours following a
snowfall. (Class D - $25.00)
December 10, 2012
Page 233
B. Upon the failure of an owner to clear any sidewalk as required
under this section, the Town shall cause the sidewalk to be so tax chargeable to
such lot or parcel of land to be collected like other taxes upon real estate as
prescribed in Wisconsin Statutes 66.0627.
4-2.0145 INJURE OR TEARING UP PAVEMENT.
A. No person may injure or tear up any pavement, sidewalk,
crosswalk, ditch, boulevard, drain, or sewer or any part thereof, or dig any hole,
ditch or drain in any highway right-of-way, or excavate in or place an
obstruction in any such highway right-of-way, or remove any gravel, sod, sand
or pavement from any highway right-of-way unless such person has first
obtained a permit therefore.
B. The Chair or Clerk is authorized to issue, pursuant to Section
86.07 (2), Wisconsin Statutes, to any qualified person who applies for a permit
under this ordinance, an excavation permit. The Chair or Clerk may impose
conditions on such permit consistent with the terms of this ordinance. Any
person aggrieved by the denial of such permit or the imposition of conditions
thereon, may appeal to the Board.
C. An excavation or construction permit may be issued to the following
persons:
1. To any person previously using the highway right-of-way
lawfully for the provision of services through buried or overhead facilities,
for the repair, maintenance or reconstruction of such facilities;
2. To any person for the purpose of installing new underground
or overhead facilities in those areas of the Town where such person is
lawfully authorized to provide such service. Such lawful authorization
shall be by the Board, unless such authorization arises by permit or order
of the Public Service Commission of the State of Wisconsin, or by
operation of Section 196.495 of the Wisconsin Statutes.
D. While granting such a permit, the Chair or Clerk shall impose such
conditions as he or she considers necessary and appropriate for the
preservation of access to adjoining property, the provision of emergency
services, the protection of public safety, and the coordination of planned
construction or maintenance by the Town or by other authorized users of the
right-of-way.
E. Permit applications shall be filed prior to the proposed construction
or excavation as set forth below except as permitted by the Chair or Board:
December 10, 2012
Page 234
1. Emergency repairs - no limit;
2. Individual service lateral or drop from existing facilities -
three days;
3. Regular or scheduled maintenance or inspection - 30 days;
and
4. Reconstruction of existing facilities or construction of new
facilities - six months.
F. Except as provide in Paragraph 4 below, whenever a permit has
been granted to any person to excavate or install facilities within any highway
right-of-way, such person shall restore the same to a condition as good as it was
before.
G. If permitted construction will result in the destruction of more than
fifty percent of the existing pavement for 50 or more linear feet measured on the
centerline of the right-of-way, the entire roadway in the disturbed area shall be
replaced by the permittee. Such replacement and any repairs or patching shall
meet minimum Town road standards in effect at the time the permit is granted
or, if the previous construction of the disturbed areas exceeded those
standards, the replacement shall be equal to or better than the roadway
replaced. If required in advance of construction, the permittee, unless excused
by the Board or the Chair pursuant to policies adopted by the Board, shall file a
completion bond issued by a surety company licensed in the State of Wisconsin
assuring completion and reconstruction according to the terms of the permit.
H. As a condition of any permit issued pursuant to this ordinance, the
applicant shall:
1. Indemnify the Town and hold the Town harmless for any
damages, claims, causes of action, losses or liability resulting from the
exercise of this permit. The Chair or the Clerk may require from such
applicant a certificate of insurance or other evidence of the financial
ability of the applicant to meet its obligations under this provision.
2. Provide to all parcels of land in the Town abutting the portion
of Town Road to be disturbed, the use of any utility or utility service
installed therein. No such utility service shall be available to such
abutting parcel until the owner or occupant thereof requests said service,
pays for installation of said utility service on the same basis as that
imposed on the majority of the existing customers of said utility, and pays
for the utility service provided. There may be no other conditions for the
December 10, 2012
Page 235
provision of service except that said utility service may be denied if
providing the same would result in actual, rather than speculative,
danger to public health or safety or danger to the health or safety of the
occupants of the parcel.
I. Whenever any person disturbs or excavates within a Town Road
Right-of-way, or restores or reconstructs a Town Road, such person shall cause
the resulting roadway, shoulder and ditch to accommodate and conduct surface
waters in such a manner that the Town Road and properties which drain to or
toward the affected area, and properties downstream from the affected area, are
not adversely affected because of said disturbance, excavation, restoration or
reconstruction.
J. DEFINITIONS.
1. For the purpose of this ordinance, "utility" shall mean the
person providing, and "utility service" shall mean the provision of: energy,
including but not limited to electricity and gas, electronic signals,
including but not limited to telephone and television, water, sanitary
sewer, and storm sewer.
2. For the purpose of this ordinance, "construction" does not
include the construction of overhead facilities on or from existing poles, or
the placement of new poles in substantially the same location as poles
being replaced.
3. For the purpose of this ordinance, "person" includes
individuals, partnerships, limited liability companies, corporations,
cooperatives, regulated and unregulated public utilities, governments,
public bodies, municipal and quaisi-municipal corporations, and any
subdivisions, agencies, units, or subunits thereof.
K. Any person who violates this ordinance shall forfeit not less than
$500.00 nor more than $1,000.00, together with the costs of prosecution, for
each offense. Each day during which a continuing offense exists, shall
constitute a separate offense.
December 10, 2012
Page 236
TITLE 4 - PUBLIC WORKS
CHAPTER 2 - STREETS
ARTICLE 2 - BUILDING NUMBERING
4-2.0205 PURPOSE. The purpose of this article is to provide for a uniform
program for the numbering of buildings in the Town for the safety and
convenience of the public.
4-2.0210 ASSIGNING OF NUMBERS.
A. The person designated by the Board shall be responsible for the
assignment of building numbers to each new lot created by a certified survey
map or final plat on the official building numbering book.
B. At least on a monthly basis, a list of building permits issued for
principle buildings or structures, such as residential homes or commercial
buildings, by the County Department of Planning and Development, shall be
obtained and a notice shall be sent to the owner on record informing him of the
number assigned and the requirements of this article.
4-2.0215 DISPLAY AND MAINTENANCE OF NUMBERS.
A. After a building number has been determined, the Town or the
Township Fire Department will place a post with the number on it where it can
be easily seen from the road. The property owner shall maintain the post and
sign.
B. Property owners may also place the assigned building number on
the building and on the mailbox for the building.
4-2.0220 OFFICIAL BUILDING NUMBERING BOOK. Numbers for all
principle buildings and structures and for all lots created by final plats and
certified survey maps shall be shown on the Official Building Numbering Book
which is hereby adopted by reference and declared to be a part of this article.
The Official Building Numbering Book shall be identified by the signature of the
Chair and the application of the Town seal under the following words: "This is
to certify that this is the Official Building Numbering Book as referred to in
Section 4-2.0220 of the Municipal Code the Town of Union".
December 10, 2012
Page 237
TITLE 4 - PUBLIC WORKS
CHAPTER 2 - STREETS
ARTICLE 3 - NAMING OF STREETS
(Reserved for Future Use)
December 10, 2012
Page 238
TITLE 4 - PUBLIC WORKS
CHAPTER 2 - STREETS
ARTICLE 4 - VACATION AND DISPOSAL
4-2.0405 UTILITY RESERVATION.
A. Whenever the Board shall, by resolution, order any street, alley,
highway or any part thereof vacated, after due procedure, it shall be upon the
condition that such vacated street or alley or part thereof be charged with a
reservation or the right of the Town or any public utility to enter upon the same
to install, repair, maintain or relocate any public utilities or accessories. Said
reservation of right shall apply to presently located or any that may hereafter be
installed.
B. Subsection “A” hereof shall apply to all street and alley vacations
whether or not such resolution shall contain said reservation clause.
4-2.0410 VACATION–FEE. The petition for the vacation and discontinuance
of any highway, street or part thereof within the Town shall be filed in the office
of the Clerk. The petitioner or petitioners shall at the time of filing the petition
pay to the Clerk a filing fee listed in the Fee Schedule at the end of this code.
Prior to the holding of any hearing thereon, the petitioner or petitioners shall
make payment to the Town in the amount equal to all costs incurred, or
reasonably anticipated to be incurred, by the Town in connection with the
publication and service of notices and the filing of papers and documents in
connection therewith. The filing fee previously paid shall be applied toward the
payment of such costs.
December 10, 2012
Page 239
TITLE 4 - PUBLIC WORKS
CHAPTER 2 - STREETS
ARTICLE 5 - STREET CONSTRUCTION AND SUBDIVISION REVIEW
4-2.0505 No person shall file a plat or certified survey map, pursuant to
Chapter 236 of the Wisconsin Statutes, affecting lands in the Town, Eau Claire
County, Wisconsin, unless all streets and roads to be dedicated to the public
have been constructed and approved pursuant to this article or construction
has been deferred in compliance with Section 4-2.0560 below.
4-2.0510 The Board will not accept dedication of any other street or road
unless it was constructed and approved pursuant to this article or Section 4-
2.0560 below has been complied with.
4-2.0515 No plat or certified survey map shall be approved by the Board
unless the subdivider first submits a preliminary plat or preliminary certified
survey map which shall be processed in accordance with Section 236.11(1) of
the Wisconsin Statutes.
4-2.0520 ROAD PLANS.
A. The following documents shall be submitted to the Board before
approval of any road:
1. A scale drawing of the location of the proposed road and the
area it will serve. The drawing shall contain contours at vertical intervals
of not more than two feet (2') showing the topography of the road and the
area served, and shall indicate how runoff from the area served will be
diverted from the road.
2. If the proposed road is not located within a platted
subdivision, a certified survey map of the location of the proposed road
and the area served.
B. In addition to the foregoing, the Board may require the submission
of either or both of the following additional documents before construction of
the road is undertaken:
1. A profile drawing of the centerline of the proposed road,
drawn to scale, showing the grade of the road.
2. A cross-section drawing of the road, drawn to scale, showing
the cut and fill areas.
December 10, 2012
Page 240
4-2.0525 MINIMUM DESIGN STANDARDS. The road shall conform to the
minimum Town road standards and specifications contained in the Wisconsin
Statutes, the Wisconsin Administrative Code and publications issued by the
State Department of Transportation.
4-2.0530 The following standards, or Town road standards established by the
State of Wisconsin, shall be met or exceeded by all public highways, streets and
roads, hereinafter constructed in the Town, unless modified by the Board for
good cause shown. Whenever there is a conflict between any particular
standard of the Town and a corresponding standard of the state, the more strict
standard shall apply.
A. Road Right-of-Way ................ 66 feet (4 rods)
B. Right-of-Way Width (sub grade) ... 28 feet
C. Roadway Width (base course) ...... 26 feet
D. Traffic Lanes (surfaced area) .... 22 feet
E. Maximum Grade .................... 10 percent
F. No road shall dead-end without a permanent or temporary cul-de-
sac with a right-of-way radius of fifty-five feet (55') and a pavement radius of
forty-five feet (45').
4-2.0535 DITCHES.
A. All ditches shall be seeded, sodded or provided with sodded check
dams at discretion of the Board.
B. All portions of the right-of-way beyond the edge of the base course
that are disturbed at the time of construction shall be properly seeded or
sodded to prevent erosion.
C. No trees or stumps may be placed or left in any fill.
4-2.0540 BRIDGES AND CULVERTS.
A. Culverts shall conform to the minimum design standards contained
December 10, 2012
Page 241
in the Wisconsin Statutes, the Wisconsin Administrative Code, and publications
issued by the State Department of Transportation. In addition, in every case
the Board shall determine whether culverts are large enough to drain off the
anticipated service area during heavy runoff and prevent ponding. The Board
may require drainage calculations prior to the placement of any culvert.
B. The Board may require drainage calculations for any culvert
placement, costs of which shall be borne by the subdivider.
C. All bridges shall conform to those minimum design standards and
specifications contained in the Wisconsin Statutes, the Wisconsin
Administrative Code, and publications issued by the State Department of
Transportation, but in no case shall any bridge be built which is less than
twenty-eight feet (28') in width. All bridge designs must bear the seal of a
certified civil engineer of the State of Wisconsin.
4-2.0545 ROAD CONSTRUCTION MATERIALS.
A. Base course shall be compacted 8" minimum of crushed gravel,
crushed lime rock or other such materials as approved by the Board. Base
course shall be allowed to season for one winter before application of asphalt.
B. Unless the base course is mechanically compacted and meets
Wisconsin Department of Transportation (WisDOT) Specifications, asphalt shall
be applied no sooner than six months and no later than 36 months after
application of base course.
C. Asphalt surfacing shall conform to WisDOT Specifications for local
roads having a traffic count of less than 750 vehicles per day, but shall have a
finished thickness of at least two inches (2") in all locations, or to such greater
depth as may be prescribed by the Board on roads expected to experience
moderate or heavy traffic or use by heavy vehicles. The Town may sample
paving material at the plant and also on the roadway for a period of 15 days
after application to determine acceptability.
D. No trees, brush or stumps shall be buried within the right-of-way.
Disposal of unsuitable materials shall be in compliance with regulations issued
by the Board or the State Department of Natural Resources.
4-2.0550 SIGNS. Street and Road signs at all intersections created by a
newly constructed road shall be fabricated and erected by the person proposing
dedication of such road. Fabrication shall be in accordance with then
prevailing Town Road Sign Standards, and installation shall be as directed by
the Chair or, in the Chair’s absence, by the Board.
December 10, 2012
Page 242
4-2.0555 The Board or its designee shall inspect any road before approval, and
no plat or certified survey map will be approved or surety released until the
construction complies with all Town road standards.
4-2.0560 As an alternative to requiring completed approved construction of
streets and roads prior to approval of a plat or certified survey map the Board
may, in its sole discretion, permit a subdivider to enter into an agreement with
it providing for the future construction of said streets and roads. Full
performance of the agreement shall be secured by one of the following:
1. A surety bond issued by a bonding company licensed to do
business in the State of Wisconsin;
2. The pledge of a deposit of funds in a financial institution
insured by the Federal Deposit Insurance Corporation assigned in such a
way that the Town can receive the funds without action or further
consent of the subdivider; or
3. By an unconditional letter of credit from a financial
institution insured by the Federal Deposit Insurance Corporation. The
amount of the surety bond, deposit or letter of credit shall be in the
amount of the Town's estimate of the full cost of engineering and
constructing the road or roads by the deadline stated in the contract,
adjusted upward for estimated inflation between the time the contract is
signed and the deadline plus the anticipated cost of penalties for early
withdrawal and the anticipated cost of enforcement of the contract, bond,
pledge or letter of credit.
December 10, 2012
Page 243
TITLE 4 - PUBLIC WORKS
CHAPTER 2 - STREETS
ARTICLE 6 - STREET LIGHTING
(Reserved For Future Use)
December 10, 2012
Page 244
244
TITLE 4 - PUBLIC WORKS
CHAPTER 2 - STREETS
ARTICLE 7 - DRIVEWAYS AND SIDEWALKS
4-2.0705 INSTALLATION OF SIDEWALKS.
A. The Board is hereby authorized to designate by resolution areas
along roads and highways as sidewalk areas, and in making that determination,
the Board shall consider the nature of the road or highway adjacent to the
proposed sidewalk area, the volume and character of the traffic on the road or
highway, the nature of existing or planned road or highway construction or
improvement, and whether there is a concrete curb and gutter running along
the roadway.
B. When the Board designates either or both sides of a road, for
whatever distance they shall designate, as a sidewalk area, the installation of
sidewalk along the extreme edges of the road or highway right of way, shall be
required, said sidewalk shall be of permanent construction, conforming to
standards established by the Town, and shall be at least five feet (5') in width.
C. When the Board designates an area as a sidewalk area, it may
order the owners of property to install sidewalk, or may proceed pursuant to the
statute then existing, to construct the required sidewalk and levy special
assessments against the abutting land owners for the cost thereof.
D. Any person, firm or corporation violating any order of the Board
issued pursuant to the provisions of this article shall forfeit a sum of not less
than $100.00 nor more than $250.00 for each offense, or upon failure to pay
said forfeiture, shall be committed to the County Jail of Eau Claire County, not
to exceed 30 days or until said forfeiture is paid. Further, the Board is
authorized to proceed by any lawful action to secure enforcement of any order
issued by it pursuant to this article.
E. Every provision of this article shall be considered separable, and
the invalidity of any section, clause, provision or portion thereof, shall not affect
the validity of any other portion of this article.
4-2.0710 INSTALLATION AND MAINTENANCE OF DRIVEWAYS.
A. No person may construct or thereafter maintain a driveway or other
means of facilitating vehicular traffic onto a public highway from property which
is not a public highway, upon public highway right-of-way land, unless they
first obtain a permit from the person appointed by the Board to issue said
permits. This ordinance applies only to driveways constructed, expanded, or
relocated after July 1, 1995.
December 10, 2012
Page 245
245
B. No person may construct or thereafter maintain any structure or
other object upon any public right-of-way, except a driveway entrance, mailbox
and a newspaper receptacle. Any such mailbox or newspaper receptacle shall
be constructed of materials approved by the Board, constructed in a design
approved by the Board, and placed at the location designated by the U.S. Postal
Service.
C. Prior to issuing any permit under this ordinance the person
authorized to issue such permits shall take into account directions from state
and county highway officials, traffic safety, visibility, drainage of surface waters
and snow melt and said permit may specify the location, dimensions, and
construction methods and materials of said driveway, and said permit may also
specify the location of any mailbox or other lawful accessory use on the right-of-
way associated with the property served by said driveway.
D. The driveway within the area of the public right-of-way shall slope
away form the road at a minimum of one percent and a maximum of five
percent to prevent erosion on the Town road.
E. The fee for a driveway permit listed in the Fee Schedule at the end
of this code shall be paid upon application for the permit.
F. PENALTY. Violation of this section by failing to obtain a driveway
permit or by constructing any driveway that does not comply with the terms of
said permit or by erecting any accessory on the right-of-way in any manner or
place not specified in said permit shall be a Class C offense, punishable by a
forfeiture of not less than $100.00 not more than $250.00, plus costs and
attorney fees. Each day of violation shall constitute a separate offense. The
maintenance of any driveway or part thereof, or any other structure or object,
on public right-of-way in violation of this ordinance is declared a public
nuisance and may be abated summarily by the Town as provided by law.
December 10, 2012
Page 246
246
TITLE 4 - PUBLIC WORKS
CHAPTER 3 - ENGINEERING
(Reserved for Future Use)
December 10, 2012
Page 247
247
TITLE 4 - PUBLIC WORKS
CHAPTER 4 - LAND USE
ARTICLE 1 -PLAN COMMISSION
4-4.0105 TITLE. This ordinance is entitled the “Town of Union Plan
Commission Ordinance.”
4-4.0110 PURPOSE. The purpose of this ordinance is to establish the Town
Plan Commission and set forth its organization, powers and duties, to further
the health, safety, welfare and wise use of resources for the benefit of current
and future residents of the Town and affected neighboring jurisdictions,
through the adoption and implementation of comprehensive planning with
significant citizen involvement.
4-4.0115 AUTHORITY; ESTABLISHMENT. The Board hereby exercises its
village powers under §60.22(3), Wis. Stats., and establishes a seven member
Plan Commission under §§61.35 and 62.33, Wis. Stats. The Plan Commission
shall be considered the “Town Planning Agency” under §§236.02(13) and
236.45, Wis. Stats.
4-4.0120 MEMBERSHIP. The Plan Commission consists of one Board
Supervisor, who may be the Chair, and six citizen members, three of whom may
not otherwise be Town officials, and who shall be persons of recognized
experience and qualifications.
4-4.0125 APPOINTMENTS. In April of each year after newly elected
supervisors, if any, have taken office the Chair shall appoint persons to succeed
all Commission members whose terms expire in April, and shall designate the
person who shall preside for the following year. The Chair may appoint person
to fill vacancies in unexpired terms of at any time. All appointments must be
ratified by the Board before they shall be effective. Every member of the Plan
Commission shall take and fill its oaths of office as required by §60.31(1), Wis.
Stats.
4-4.0130 TERMS OF OFFICE. The term of office for the Plan Commission
Chair and Commission member shall be for a period of three years, ending on
April 30, or until a successor is appointed and qualified, except:
A. The term of any person who held Town office when appointed shall
expire when that person’s term of office for such other Town office expires.
B. The seats on the Commission shall be designated A, B, C, D, E, F &
G. Seat A shall be held by a Board Supervisor.
The initial term of seats B and C shall expire April 30, 2004.
The initial term of seats D and E shall expire April 30, 2005.
The initial term of seats F and G shall expire April 30, 2006.
December 10, 2012
Page 248
248
4-4.0135 VACANCIES. A person who is appointed to fill a vacancy on the
Plan commission shall serve for the remainder of the term.
4-4.0140 COMPENSATION; EXPENSES. Plan Commission members shall be
paid a per diem allowance of $25.00 per meeting. In addition, the Board may
reimburse Plan Commission members’ reasonable costs and expenses.
4-4.0145 EXPERTS & STAFF. The Plan Commission may recommend to the
Board the employment of experts and staff, and may review and recommend to
the approval authority proposed payments under any contract with an expert.
4-4.0150 RULES; RECORDS. The Plan Commission may adopt rules for the
transaction of its business, subject to Town ordinances, and shall keep a record
of its resolutions, transactions, findings and determinations.
4-4.0155 OFFICERS.
A. CHAIR. The Plan Commission Chair shall be appointed and serve a
term as provided in Sections 5 and 6 of this ordinance. The Chair shall, subject
to Town ordinances and Commission rules:
1. Provide leadership to the Commission;
2. Set Commission meeting and hearing dates;
3. Provide notice of Commission meetings and hearings and set their
agendas, personally or by his her designee;
4. Preside at Commission meetings and hearings; and
5. Ensure that the laws are followed.
B. VICE CHAIR. The Plan Commission may elect, by open vote or
secret ballot under §19.88(1), Wis. Stats., a Vice Chair to act in the place of the
Chair when the Chair is absent or incapacitated for any cause.
C. SECRETARY. The Plan Commission shall elect, by open vote or
secret ballot under §19.88(1), Wis. Stats., one of its members to serve as
Secretary, or, with the approval of the Board, designate the Clerk or other Town
Officer or employee as Secretary. The secretary may designate any Town
employee, or the Clerk if present, to keep the minutes of each meeting, subject
to the supervision of the secretary and the approval of the Commission. All
December 10, 2012
Page 249
249
records of the commission shall be maintained by the Clerk.
4-4.0160 COMMISSION MEMBERS AS LOCAL PUBLIC OFFICIALS. All
members of the Plan Commission shall faithfully discharge their official duties
to the best of their abilities, as provided in the oath of office, sec 19.01, wis
Stats., in accordance with, but not limited to, the provisions of the Wisconsin
Statutes on: Public Records, §§9.21-19.39; Code of Ethics for Local Government
Officials, §§19.42, 19.58 & 19.59; Open Meetings, §§19.81-19.89; Misconduct in
Office, §946.12; and Private Interests in Public Contracts, §946.13.
Commission members shall further perform their duties in a fair and rational
manner and avoid arbitrary actions.
4-4.0165 GENERAL & MISCELLANEOUS POWERS. The Plan Commission,
under §62.23(4), Wis. Stats., shall have the power:
A. Necessary to enable it to perform its functions and promote Town
planning.
B. To make reports and recommendations relating to the plan and the
development of the Town to the Board, other public bodies, citizens, public
utilities and organizations.
C. To recommend to the Board programs for public improvements and
the financing of such improvements.
D. To receive from public officials, within a reasonable time, requested
available information required for the commission to do its work.
E. For itself, its members and employees, in the performance of their
duties, to enter upon land, make examinations and surveys, and place and
maintain necessary monuments and marks thereon. However, entry shall not
be made upon private land, except to the extent the private land is held open to
the general public, without the permission of the landowner or tenant. If such
permission has been refused, entry shall be made under the authority of an
inspection warrant issued for cause under §66.0119, Wis. Stats., or other court-
issued warrant.
4-4.0170 TOWN COMPREHENSIVE PLANNING: GENERAL AUTHORITY &
REQUIREMENTS.
A. The Plan Commission shall make and adopt a comprehensive plan
under §§62.23 and 66.1001, Wis. Stats., which contains the elements specified
in §66.1001(2), Wis. Stats, and follows the procedures in §66.1001(4), Wis.
Stats.
December 10, 2012
Page 250
250
B. The Plan Commission shall make and adopt the comprehensive
plan within the time period directed by the Board, but not later than a time
sufficient to allow the Board to review the plan and pass an ordinance adopting
it to take effect on before January 1, 2010, so that the Town comprehensive
plan is in effect by the date on which any Town program or action affecting land
use must be consistent with the Town comprehensive plan under §66.1001(3),
Wis. Stats.
C. In this section the requirement to “make” the plan means that the
Plan Commission shall ensure that the plan is prepared, and oversee and
coordinate the preparation of the plan, whether the work is performed for the
Town by the Plan Commission, Town staff, another unit of government, the
regional planning commission, a consultant, citizens, an advisory committee, or
any other person, group or organization.
4-4.0175 PROCEDURE FOR PLAN COMMISSION ADOPTION &
RECOMMENDATION OF A TOWN COMPREHENSIVE PLAN OR AMENDMENT.
The Plan Commission, in order to ensure that the requirements of §66.1001(4),
Wis., Stats, are met, shall proceed as follows.
A. PUBLIC PARTICIPATION VERIFICATION. Prior to beginning work
on a comprehensive plan, the Plan Commission shall verify that the Board has
adopted written procedures designed to foster public participation in every stage
of preparation of the comprehensive plan. These written procedures shall
include open discussion, communication programs, information services and
noticed public meetings. These written procedures shall further provide shall
further provide for wide distribution of proposed, alternative or amended
elements of a comprehensive plan and shall provide an opportunity for written
comments to be submitted by members of the public to the Board and for the
Board to respond to such written comments.
B. RESOLUTION. The Plan Commission, under §66.1001(4)(b), Wis.,
Stats, shall recommend its proposed comprehensive plan or amendment to the
Board by adopting a resolution by a majority vote of the entire Plan
Commission. The vote shall be recorded in the minutes of the Plan
Commission. The resolution shall refer to maps and other descriptive materials
that relate to one or more elements of the comprehensive plan. The resolution
adopting a comprehensive plan shall further recite that the requirements of the
comprehensive planning law have been met, under §66.1001, Wis. Stats.,
namely that:
1. The Board adopted written procedures to foster public
participation and that such procedures allowed public participation at
each stage of preparing the comprehensive plan;
2. The plan contains the (9) specified elements and meets the
requirements of those elements.
December 10, 2012
Page 251
251
3. The (specified) maps and (specified) other descriptive
materials relate to the plan;
4. The plan has been adopted by a majority vote of the entire
Plan Commission, which the Clerk or Secretary is directed to record in
the minutes; and
5. The Plan Commission Clerk or Secretary is directed to send a
copy of the comprehensive plan adopted by the Commission to the
governmental units specified in §66.1001(4), Wis. Stats.
C. TRANSMITTAL. One copy of the comprehensive plan or
amendment adopted by the Plan Commission, for recommendation to the Board
shall be sent to:
1. Every governmental body that is located in whole or in part
within the boundaries of the Town, including any school district, Town
sanitary district, public inland lake protection and rehabilitation district
or other special district.
2. The Clerk of every city, village, town, County and regional
planning commission that is adjacent to the Town.
3. The Wisconsin Land Council.
4. After September 1, 2003, the Department of Administration.
5. The regional planning commission in which the Town is
located.
6. The public library that serves the area in which the Town is
located.
4-4.0180 PLAN IMPLEMENTATION & ADMINISTRATION.
A. ORDINANCE DEVELOPMENT. If directed by resolution or motion
of the Board, the Plan commission shall prepare the following:
1. OFFICIAL MAP. A proposed official map ordinance.
2. SUBDIVISIONS. A proposed Town subdivision or other land
division ordinance.
December 10, 2012
Page 252
252
3. OTHER. Any other ordinance regarding land use,
development, preservation, conservation or protection specified by the
Board.
B. ORDINANCE AMENDMENT. The Plan Commission, on its own
motion, or at the direction of the Board by its resolution or motion, may prepare
proposed amendments to the Town’s ordinances relating to comprehensive
planning and land use.
C. NON-REGULATORY PROGRAMS. The Plan Commission, on its
own motion, or at the direction of the Board by resolution or motion, may
propose non-regulatory programs to implement the comprehensive plan,
including programs relating to topics such as education, economic development
and tourism promotion, preservation of nature resources through the
acquisition of land or conservation easements, and capital improvement
planning.
D. PROGRAM ADMINISTRATION. The Plan commission; shall,
pursuant to Town ordinances, have the following powers.
1. SUBDIVISION REVIEW. Proposed plats under ch. 236, Wis.,
Stats, (and proposed subdivisions or other land division under the Town
subdivision ordinance under § 236.45, Wis., Stats, and all applicable
Town ordinances shall be referred to the Plan Commission for review and
recommendation to the Board.
2. Other.
E. CONSISTENCY. Any ordinance, amendment or program proposed
by the Plan commission, and any Plan Commission approval, recommendation
for approval or other action under Town ordinances or programs that
implement the Town’s comprehensive plan under §§62.23 and 66.1001, Wis.,
Stats, shall be consistent with that plan as of January 1, 2010. If any such
Plan Commission action would not be consistent with the comprehensive plan,
the Plan Commission shall use this as information to consider in updating the
comprehensive plan.
4-4.0185 REFERRALS TO THE PLAN COMMISSION.
A. Required referrals under § 62.23(5), Wis. Stats. The following shall
be referred to the Plan commission for report:
1. The location and architectural design of any public building.
December 10, 2012
Page 253
253
2. The location of any statue or other memorial.
3. The location, acceptance, extension, alteration, vacation,
abandonment, change of use, sale, acquisition of land for or lease of land
for any
(a) street, alley or other public way;
(b) park or playground;
(c) airport;
(d) area for parking vehicles; or
(e) other memorial or public grounds.
4. The location, extension, abandonment or authorization for
any publicly or privately owned utility.
5. All plats under the Town’s jurisdiction under ch. 236, Wis.
Stats., including divisions under a Town subdivision or other land
division ordinance adopted under § 236.45, Wis. Stats. by the Town or by
any other unit of Government having jurisdiction thereof.
6. The location, character and extent or acquisition, leasing or
sale of lands for
(a) public or semi-public housing;
(b) slum clearance;
(c) relief of congestion; or
(d) vacation camps for children.
7. The amendment or repeal of any ordinance adopted under §
62.23, Wis. Stats., including ordinances relating to: the Town Plan
Commission; the Town master plan or the Town comprehensive plan
under §66.1001, Wis. Stats., and a Town official map.
December 10, 2012
Page 254
254
B. Required referrals under sections of the Wisconsin Statues other
than §62.23(5), Wis. Stats. The following shall be referred to the Plan
Commission for report:
1. An application for initial licensure of a child welfare agency or
group home under §48.68(3), Wis. Stats.
2. An application for initial licensure of a community-based
residential facility under § 50.03(4), Wis. Stats.
3. Proposed designation of a street, road or public way, or any
part thereof, wholly within the jurisdiction of the Town, as a pedestrian
mall under § 66.10905, Wis. Stats.
4. Matters relating to the establishment or termination of an
architectural conservancy district under §66.1007, Wis. Stats.
5. Matters relating to the establishment of a reinvestment
neighborhood required to be referred under § 66.1109, Wis. Stats.
6. Matters relating to the establishment or termination of a
business improvement district required to be referred under § 66.1109,
Wis. Stats.
7. A proposed housing project under § 66.1211(3), Wis. Stats.
8. Matters relating to urban redevelopment and renewal in the
Town required to be referred under sub ch. XIII of ch. 66, Wis. Stats.
9. The adoption or amendment of a Town subdivision or other
land division ordinance under § 236.45(4), Wis. Stats.
10. Any other matter required by the Wisconsin Statutes to be
referred to the Plan Commission.
C. Required referrals under this ordinance. In addition to referrals
required by the Wisconsin Statutes, the following matters shall be referred to
the Plan Commission for report:
1. Any proposal, under § 49.69, Wis. Stats., for the Town to
approve General County Zoning so that it takes effect in the Town, or to
remain under General County Zoning.
December 10, 2012
Page 255
255
2. Proposed regulations or amendments relating to historic
preservation under § 60.64, Wis. Stats
3. A proposed driveway access ordinance or amendment.
4. A proposed Town Official Map Ordinance under § 62.23 (6),
Wis. Stats. or any other proposed Town ordinance under §62.23, Wis.
Stats., not specifically required by the Wisconsin Statues to be referred to
the commission.
5. A proposed Town ordinance or amendment adopted under
authority separate from or supplemental to §62.23, Wis. Stats., including
a Town construction site erosion control and storm water management
zoning ordinance under § 60.627(6), Wis. Stats., and town exclusive
agricultural zoning ordinance under sub ch. V of ch. 91, Wis. Stats.
6. An application for a conditional use permit.
7. A proposed site plan
8. A proposed extraterritorial zoning ordinance or a proposed
amendment to an existing ordinance under § 62.23(7a), Wis. Stats.
9. A proposed boundary change pursuant to an approved
cooperative plan agreement under § 66.0307, Wis. Stats., or a proposed
boundary agreement under § 66.0225, Wis. Stats., or other authority.
10. A proposed zoning ordinance or amendment pursuant to an
agreement in an approve cooperative plan under §66. 0307(7m), Wis.
Stats.
11. Any proposed plan, element of a plan or amendment to such
plan or element developed by the regional planning commission and sent
to the Town for review or adoption.
12. Any proposed contract, for the provision of information, or
the preparation or a comprehensive plan, an element of a plan or an
implementation measure between the Town and the regional planning
commission, under §66.0309, Wis. Stats., another unit of government, a
consultant or any other person or organization.
13. A proposed ordinance, regulation or plan or amendment to
the foregoing, relating to a mobile home park under § 66. 0434, Wis.
December 10, 2012
Page 256
256
Stats.
14. A proposed agreement, or proposed modification to such
agreement, to establish an airport affected area, under § 66.1009, Wis.
Stats.
15. A proposed Town airport zoning ordinance under §
114.136(2), Wis. Stats.
16. A proposal to create environment remediation tax
incremental financing in the Town under §66.1106, Wis. Stats.
17. A proposed County Agricultural Preservation Plan or
amendment, under sub ch. IV of ch. 91, Wis. Stats., referred by the
County to the Town, or proposed Town agricultural preservation plan or
amendment.
18. Any other matter required by a Town ordinance or Board
resolution or motion to be referred to the Plan Commission.
D. DISCRETIONARY REFERRALS. The Board, or other Town Officer
or body with final approval authority or referral authorization under the Town
ordinances, may refer any of the following to the Plan Commission for report:
1. A proposed County Development Plan or comprehensive plan,
proposed element of such a plan, or proposed amendment to such a plan.
2. A proposed County zoning ordinance or amendment.
3. A proposed County zoning ordinance or amendment.
4. An appeal or permit application under the County Zoning
Ordinance to the County Zoning Board of Adjustment, County Planning
Body or other County body.
5. A proposed intergovernmental cooperation agreement, under
§ 66.0301, Wis. Stats., or other statute, affecting land use, or a municipal
revenue sharing agreement under § 66.0305, Wis. Stats.
6. A proposed plat or other land division under the County
Subdivision or other land division ordinance under § 236.45, Wis. Stats.
December 10, 2012
Page 257
257
7. A proposed County plan under § 236.46, Wis. Stats., or the
proposed amendment or repeal of the ordinance adopting such plan, for a
system of town arterial thoroughfares and minor streets, and the platting
of lots surrounded by them.
8. Any other matter deemed advisable for referral to the Plan
Commission for report.
E. REFERRAL PERIOD. No final action may be taken by the Board or
any other officer or body with final authority on a matter referred to the Plan
Commission until the Commission has made its report, or 30 days, or such
longer period as stipulated by the Board, has passed since referral. The 30 day
period for referrals required by the Wisconsin Statutes may be shortened only if
so authorized by statute. The 30 day referral period for matters subject to
required or discretionary referral under the Town’s ordinances, but not required
to be referred under the Wisconsin Statues, may be made subject by the Board
to a referral period shorter or longer than the 30 day referral period if deemed
advisable.
December 10, 2012
Page 258
258
TITLE 4 - PUBLIC WORKS
CHAPTER 4 - LAND USE
ARTICLE 2-SUBDIVISION CODE
4-4.0205 PURPOSE. The purpose of this ordinance is to implement the Town
of Union Land Use Plan 2000-2020, supplement the provisions of Chapter 236
of Wisconsin Statutes and to promote the public health, safety and general
welfare within the Town; to lessen congestion in the streets and highways; to
further the orderly layout and use of land; to secure safety from fire, panic and
other dangers; to provide adequate light and air; to prevent the overcrowding of
land; to avoid undue concentration of population; to facilitate adequate
provision for transportation, water, sewerage, schools, parks, playgrounds and
other public requirements; and to facilitate the further re-subdivision of larger
tracts into smaller parcels of land. The provisions of this ordinance are made
with reasonable consideration, among other things, of the character of the Town
with a view of conserving the value of natural resources and the buildings
placed upon the land, providing the best possible environment for continued
agricultural activity and human habitation, and encouraging the most
appropriate use of land throughout the Town.
4-4.0210 INTERPRETATION. The provisions of this ordinance shall be
liberally construed in favor of the Town and shall not be deemed a limitation or
repeal of any other power granted by the Wisconsin Statutes.
4-4.0215 ABROGATION AND GREATER RESTRICTIONS. It is not the intent
of this ordinance to repeal, abrogate, annual, impair or interfere with existing
rules and regulations governing the subdivision of land or land divisions;
provided, however, that where this ordinance is more restrictive, the provisions
of this ordinance shall govern.
4-4.0220 JURISDICTION. The jurisdiction of this ordinance shall include all
lands and waters within the Town.
A. EXCEPTIONS. This ordinance, insofar as it may apply to land
divisions less than five parcels, shall not apply to:
1. Transfer of interest in land by Will, intestate succession,
survivorship, or other transfer which occurs upon death by direction of
the decedent, or pursuant to court order, provided such transfer does not
subdivide land into parcels which do not conform to zoning or other
parcel size or configuration limitations then in effect.
2. Leases for a term not to exceed ten years, mortgages or
easements.
3. The sale or exchange of parcels of land between owners of
adjoining property if additional lots are not thereby created and the lots
resulting are not reduced below the minimum size required by this
ordinance or other applicable laws or ordinances.
December 10, 2012
Page 259
259
4. Cemeteries.
5. Assessor's plats.
4-4.0225 COMPLIANCE. No person or entity shall divide, monument or
describe any land in the Town which results in a land division, record any
division of land in the Town, or lay out, dedicate, or improve any highway or
other public land in the Town without compliance with all requirements of this
ordinance, all applicable Town and County ordinances, and all applicable
Wisconsin Statutes and Wisconsin Administrative Code provisions.
4-4.0230 DEFINITIONS. For the purpose of these regulations, the following
terms are defined. Words used in the present tense include the future, the
singular includes the plural, and the plural includes the singular. The word
"shall" is mandatory.
A. “Adequate Copies of the Plat” means the number of copies of the
plat to be filed deemed sufficient for distribution to reviewing parties by the
Clerk at the time of application or recordation.
B. “Board” means Town Board of Supervisors.
C. “Building Site” means a parcel of land occupied, or intended to be
occupied, by a structure as permitted under applicable zoning regulations.
D. “Certified Survey Map” means a map of a land division resulting in
not more than four parcels of land prepared in accordance with this ordinance
and Section 236.34, Wisconsin Statutes. See “Other Division”.
E. “Clerk” means the Clerk.
F. “Comprehensive Plan” means a master plan, adopted by the Town
Plan Commission and certified to the Board pursuant to Section 62.23 of the
Wisconsin Statutes, including proposals for future land use, transportation,
urban redevelopment and public facilities. Devices for the implementation of
these plans, such as zoning, official map, land division and building ordinances
and capital improvement programs shall also be considered a part of the
comprehensive plan.
G. “Construction” means any activity on any parcel of land resulting in
a non-restorable change, or the permanent affixing of a structure, to any part of
the parcel, in the course of, or with the intent of, altering or improving the
parcel.
December 10, 2012
Page 260
260
H. “County” means Eau Claire County.
I. “Land Division” means the division of a parcel of land by the owners
thereof, or their agents, for the purpose of transfer of ownership or building
development where the act of division results in a subdivision, other division, or
replat.
J. “Objecting Agencies” means those agencies includes all agencies to
whom a preliminary plat shall be distributed pursuant to §236.12, Statutes,
and other applicable laws.
K. “Other Division” means the division of a parcel of land by the
owners thereof, or their agents, for the purpose of transfer of ownership or
building development where the act of division creates fewer than five lots or
building sites any of which is 20 acres in area or less, except where the newly
created lot(s) or building site(s) are entirely within a recorded subdivision or
where the newly created lot(s) or building site(s) are within a previously recorded
Certified Survey Map (CSM). A CSM shall be required for all lots or building
sites of land so created. See “Certified Survey Map”.
L. “Outlot” means a parcel of land not intended for immediate or
eventual development, so designated on the plat, replat or Certified Survey Map.
M. “Owner” means any person, group of persons, firm or firms,
corporation or corporations, or any other legal entity having legal or equitable
title to land sought to be subdivided or subject to a land division under this
ordinance.
O. “Parcel” means contiguous land not separated by public roads or
railroad rights-of-way. Creation of private or public roads or railroad rights-of-
way after the effective date of this ordinance does not create separate parcels.
P. “Plan Commission” means the Town Plan Commission.
Q. “Plat” means a map of a subdivision complete with all certificates
and engineering data per Chapter 236, Wisconsin Statutes.
R. “Replat” means the process of changing, or the map or plat which
changes, the boundaries of a recorded subdivision plat or part thereof.
S. “Steep Slope” means any area with a slope of twelve percent or
greater and a vertical relief of four feet (4') or more.
T. “Subdivide” means the act of creating a subdivision or other
December 10, 2012
Page 261
261
division.
U. “Subdivider” means any person, firm, corporation, any agent
thereof, assigns or the land owner at the time the subdivision plat or CSM is
recorded dividing or proposing to divide land resulting in a subdivision, other
division or replat, as defined herein.
V. “Subdivision” means the division of a parcel of land by the owners
thereof, or their agents, for the purpose of transfer of ownership or building
development where the act of division creates five or more lots or building sites
any one of which is five acres or less in area; or where the act of division creates
five or more lots or building sites any one of which is five acres or less in area by
successive division within a period of five years.
4-4.0235 FEES. A filing fee shall be required when a Certified Survey Map,
preliminary plat, and final plat is submitted for Town approval. The fees are
listed in the Fee Schedule at the end of this code.
4-4.0240 AMENDMENTS AND APPEAL.
A. AMENDMENTS. The Board, upon recommendation of the Plan
Commission, may amend, supplement or repeal any of these regulations after
public notice and hearing.
B. APPEALS. Any person aggrieved by an objection to a plat or CSM or
failure to approve a plat or CSM may appeal to the Board within 30 days of
notification of the rejection of the plat or CSM. The appeal shall be considered
in accordance with Section 236.13 (5), Wisconsin Statutes.
4-4.0245 VIOLATIONS AND PENALTIES. Any person who builds upon,
divides, conveys, records or monuments in violation of or fails to comply with
the provisions of this ordinance shall, upon conviction thereof, forfeit not less
than $100.00 nor more than $250.00 plus the costs of prosecution for each
violation, and in default of payment of such forfeiture and costs shall be
imprisoned in the County Jail until payment thereof, but not exceeding 30 days.
Each violation and each day a violation exists or continues shall constitute a
separate offense. In addition, the remedies authorized by Sections 236.30,
236.31 and 235.32, Wisconsin Statutes, shall be available to the Town.
4-4.0250 SUBDIVISION. Procedures for subdivision shall be coordinated to
the greatest extent practicable with the County and any municipality with
extraterritorial plat approval jurisdiction, to streamline the platting process for
the applicant and avoid duplication.
When it is proposed to divide a parcel of land by the owners thereof, or
their agents, for the purpose of transfer of ownership or building development
where the act of division creates five or more lots or building sites any one of
December 10, 2012
Page 262
262
which is five acres or less in area; or where the act of division creates five or
more lots or building sites any one of which is five acres or less in area by
successive division within a period of five years, the subdivider shall subdivide
in accordance with this ordinance and Chapter 236, Wisconsin Statutes.
A. COPIES. The subdivider shall file adequate copies of the
preliminary plat, final plat and the recorded final plat with the Clerk for
distribution to the Board and Plan Commission. The subdivider shall also
distribute copies to utilities, and other approving, objecting or affected agencies
for their files, with a copy of the transmittal to the Clerk.
B. INITIAL CONSULTATION. The subdivider shall have an initial
consultation with the Plan Commission before proceeding with platting
procedures in order to obtain its advice and assistance with particular attention
to:
1. The suitability of the site for development.
2. The accessibility of the site.
3. The availability of public facilities (sewer, schools, parks,
water, etc.) and public services (police, fire, etc.).
4. Soil conditions, topography and drainage patterns.
5. The effect on the proposed development on any contemplated
improvements.
6. Zoning.
C. SUBMISSION OF SKETCH PLAN. The subdivider, at the time of the
initial consultation or later, must submit a sketch plan to the Clerk at least 15
days before the Plan Commission meeting. It may be a free-hand drawing, but
in sufficient detail to determine the nature of the above conditions and comply
with the plat requirements check list, Section 4-4.0267. The sketch plan will be
reviewed as it relates to:
1. Topography.
2. The improvements, design, dedications or reservations
required by these regulations.
3. Continuity to existing development within five hundred feet
(500') of all boundaries.
December 10, 2012
Page 263
263
4. All state and local legal requirements.
D. PRELIMINARY PLAT REVIEW WITHIN THE TOWN. Before
submitting a final plat for approval, the subdivider shall prepare a preliminary
plat in accordance with this ordinance complying with the plat requirements
checklist, Section 15.18 and Chapter 236, Wisconsin Statutes. The subdivider
shall file adequate copies of the plat, a draft of protective covenants whereby the
subdivider intends to regulate land use in the proposed subdivision and a letter
of application with the Clerk at least 15 days prior to a Regular Meeting of the
Plan Commission at which action is desired. The letter of application must
indicate that copies of the plat are on file with the utility companies having
jurisdiction over the subject area so that required easements can be
determined.
The Clerk shall transmit an adequate number of copies of the preliminary
plat to the Board of Supervisors and the Town Plan Commission, the County,
and all other reviewing authorities provided by law. The Board is hereby
designated an approving authority and the Town Plan Commission designated
the Board's agent for reviewing preliminary plats, final plats and replats and
shall advise the Board thereon.
1. PRELIMINARY PLAT APPROVAL WITHIN THE TOWN. The
objecting agencies shall, within 20 days of the date of receiving their
copies of the preliminary plat, notify the subdivider and all other
approving and objecting agencies of any objections. If there are no
objections, they shall so certify on the face of the copy of the plat and
shall return that copy to the Town Plan Commission. If an objecting
agency fails to act within 20 days, it shall be deemed to have no objection
to the plat.
The Town Plan Commission, within 60 days of the date of filing of
preliminary plat with the Clerk, shall review the preliminary plat for
conformance with this ordinance and all ordinances, rules, regulations,
comprehensive plans and comprehensive plan components which affect it
and shall recommend approval, conditional approval or rejection of such
plat. The Board shall approve, approve conditionally, or reject such plat
within 90 days of the date of filing of preliminary plat with the Clerk,
unless the date is extended by mutual agreement with the subdivider.
One copy of the plat shall there upon be returned to the subdivider with
the date and action endorsed thereon; and if approved conditionally or
rejected, a letter setting forth the conditions of approval or the reasons for
rejection shall accompany the plat. One copy each of the plat and letter
shall be placed in the Plan Commission's permanent file.
Failure of the Board to act within 90 days shall constitute approval.
2. EFFECT OF CONDITIONAL OR PRELIMINARY APPROVAL.
Approval or conditional approval of the preliminary plat by the Town Plan
Commission shall be deemed an expression of approval or conditional
approval of the layout submitted as a guide to the preparation of the final
plat to be prepared and submitted by the subdivider under Section 4-
December 10, 2012
Page 264
264
4.0250 (E) which final plat will be subject to further consideration by the
Plan Commission at the time of its submission. Approval of the
preliminary plat does not authorize the subdivider to proceed with the
installation of site improvements nor does it authorize the sale of lots.
3. REVOCATION OF PRELIMINARY PLAT APPROVAL. The
approval of the preliminary plat or any time extension thereof, may be
revoked upon written notice where the Plan Commission finds that a
material change in conditions has occurred affecting the proposed
subdivision, including new information regarding the physical conditions
of the site or proposed public works, which would adversely affect to a
substantial degree public health, safety or welfare.
E. FINAL PLAT REVIEW WITHIN THE TOWN. The subdivider shall
prepare a final plat and a letter of application in accordance with this ordinance
complying with the plat requirement check list, Section 15.18, Chapter 236,
Wisconsin Statutes and shall file adequate copies of the plat and the application
with the Clerk at least 15 days prior to the meeting of the Plan Commission at
which action is desired, or at least 20 days prior to the fourth Thursday of a
month in the interim between Regular Meetings of the Plan Commission. The
subdivider shall also submit the original final plat to the State Plat Review
Agency as per Chapter 236.12(2), Wisconsin Statutes.
The Clerk shall transmit copies of the final plat to the Board of
Supervisors and the Town Plan Commission for review.
1. PARTIAL PLATTING. The final plat, may, if permitted by the
Plan Commission, constitute only that portion of the approved
preliminary plat which the subdivider proposes to develop at that time.
2. SUBMISSION. If the final plat is not submitted within six
months of the last required approval of the preliminary plat, the Board
may refuse to approve the final plat.
3. FINAL PLAT APPROVAL WITHIN THE TOWN. Approval
within the Town. The objecting agencies shall, within 20 days of the date
of receiving their copies of the final plat, notify the subdivider and all
other approval and objecting agencies of any objections. If there are no
objections, they shall so certify on the face of the copy of the plat and
shall return that copy to the Town Plan Commission. If an objecting
agency fails to act within 20 days, it shall be deemed to have no objection
to the plat.
The Town Plan Commission shall, within 30 days of the date of
filing of the final plat with the Clerk, recommend approval, conditional
approval or rejection of the plat and shall transmit the final plat and
application along with its recommendations to the Board.
The Board shall, within 60 days of the date of filing the original
final plat with the Clerk, approve or reject such plat unless the time is
December 10, 2012
Page 265
265
extended by agreement with the subdivider. If the plat is rejected, the
reasons shall be stated in the minutes of the meeting and a written
statement of the reasons forwarded to the subdivider.
Failure of the Board to act within 60 days, the time having not been
extended and no unsatisfied objections having been filed, the plat shall be
deemed approved.
F. SUBDIVISION PERFORMANCE GUARANTEES. Each subdivider
shall construct, install and complete the following required subdivision
improvements as specified by the Board prior to approval of any final plat or
other subdivision which dedicates any land to public use or to any function for
which the Town may become responsible.
1. Subdivision streets shall be constructed and installed to the
Town’s road specifications.
2. Curb and gutter if deemed necessary at time of approval of
the final plat by the Board.
3. Storm water management structures if determined necessary
by the Board at time of final plat approval.
4. Dedicated clear water drainage easements as determined
necessary by the Board at the time of approval of the subdivision final
plat, or at such subsequent time as the subdivision experiences clear
water drainage problems. In the latter event, the Town may assess the
cost of acquisition, construction and maintenance of clear water drainage
easements to benefitted subdivision lots.
G. As an alternative to requiring completed approved construction of
streets and roads prior to approval of a plat or certified survey map the Board
may, in its sole discretion, permit a subdivider to enter into an agreement with
it providing for the future construction of said streets and roads. Full
performance of the agreement shall be secured by one of the following:
1. A surety bond issued by a bonding company licensed to do
business in the State of Wisconsin;
2. The pledge of a deposit of funds in a financial institution
insured by the Federal Deposit Insurance Corporation assigned in such a
way that the Town can receive the funds without action or further
consent of the subdivider; or
3. By an unconditional letter of credit from a financial
institution insured by the Federal Deposit Insurance Corporation. The
December 10, 2012
Page 266
266
amount of the surety bond, deposit or letter of credit shall be in the
amount of the Town's estimate of the full cost of engineering and
constructing the road or roads by the deadline stated in the contract,
adjusted upward for estimated inflation between the time the contract is
signed and the deadline plus the anticipated cost of penalties for early
withdrawal and the anticipated cost of enforcement of the contract, bond,
pledge or letter of credit. The Board or its designee shall inspect any road
before approval, and no plat or certified survey map will be approved or
surety released until the construction complies with all Town road
standards.
H. RECORDATION. After the final plat has been approved by the
Board and required improvements either installed or a performance guarantee
insuring their installation is filed, the Clerk shall cause the certificate inscribed
upon the plat attesting to such approval to be duly executed and the plat
returned to the subdivider for recording with the County Register of Deeds. The
Register of Deeds cannot record the plat unless it is offered within 30 days from
the date of last approval.
4-4.0255 REPLAT. When it is proposed to replat a recorded subdivision or
part thereof, so as to change the boundaries of a recorded subdivision, or part
thereof, the subdivider shall follow Sections 236.36 and 236.40 through 236.44
of the Wisconsin Statutes.
When necessary, the Clerk shall schedule a public hearing before the
Plan Commission when a preliminary plat of a replat of lands within the Town is
filed, and shall cause notices of the proposed replat and public hearing to be
mailed to the owners of all properties within the limits of the exterior
boundaries of the proposed replat and to the owners of all properties within six-
hundred feet (600') of the exterior boundaries of the proposed replat.
4-4.0260 OTHER DIVISION. A Certified Survey Map (CSM) shall be required
for all newly created lots or building sites where the act of division will create
less than five lots or building sites any one of which is 20 acres in area or less,
except where the newly created lot(s) or building site(s) are entirely within a
recorded subdivision or where the newly created lot(s) or building site(s) are
within a previously recorded CSM. A CSM shall also be required for all public
dedications. No land included in any street, highway or railroad right-of-way
shall be included in computing lot area.
The Clerk shall transmit a copy of the map to all affected Municipalities,
Commissions or Departments for their review and recommendations concerning
matters within their jurisdiction. Their recommendations shall be transmitted
to the Town Plan Commission within ten days from the date the map is filed.
The map shall be reviewed by the Plan Commission for conformance with this
ordinance and all ordinances, rules, regulations, and comprehensive plans
which affect it. The Plan Commission shall, within 30 days from the date of
filing of the map, recommend approval, conditional approval or rejection of the
map, and shall transmit the map along with its recommendations to the Board.
The Board shall approve, approve conditionally, or reject such map within
60 days from the date of filing of the map unless the time is extended by
December 10, 2012
Page 267
267
agreement with the subdivider. If the map is rejected, the reason shall be stated
in the minutes of the meeting and a written statement forwarded to the
subdivider. If the map is approved, the Board shall cause the Clerk to so certify
on the face of the original map and return the map to the subdivider.
A. RECORDING. The Certified Survey Map shall be recorded with the
County Register of Deeds. When a Certified Survey Map has been so recorded,
the parcels of land in the map shall be described by reference to the number of
the survey, the volume and page where recorded, and the name of the County.
Any land or improvements offered for dedication and noted on the Certified
Survey Map shall be deeded at the time of recording, unless otherwise arranged.
B. COPIES. The subdivider shall file an adequate number of copies of
the recorded Certified Survey Map with the Clerk for distribution to the Board,
Plan Commission and other affected Town departments for their files, with
copies of the transmittal sent to the Clerk.
4-4.0265 ASSESSOR’S PLAT. An assessor's plat made under Section 70.27
of the Wisconsin Statutes may be ordered by the Board at the expense of the
subdivider when a subdivision is created by successive divisions without
complying with this ordinance.
4-4.0267 PLAT REQUIREMENT CHECKLIST.
A. SKETCH PLAN.
1. Title, scale, north arrow and date must be shown.
2. The scale should not be less than one hundred feet (100') to
the inch and should be on a topographical survey map. It may be a free-
hand sketch or a print of such a map and must show:
(a) Subdivision boundaries and proposed use.
(b) General street and lot layout including streets, utilities
and other features adjacent and within three hundred feet (300') of
the proposed subdivision.
(c) Approximate location of steep slopes, wetlands, flood
plains, trees and other prominent physical features.
3. Must show a location map. It may be free-hand in the same
orientation as the sketch plan and must show:
December 10, 2012
Page 268
268
(a) Municipal boundaries.
(b) Subdivision location and boundaries.
(c) Location of existing facilities which serve or influence
the subdivision (e.g., schools, parks, main traffic arteries, shopping
centers, utilities, etc.).
4. Must show total acreage of subdivision and number of lots
proposed, and the typical width and depth of lots.
5. Name, phone number and address of subdivider or his/her
agent.
6. Approximate square footage of each lot.
B. PRELIMINARY PLAT.
1. It shall be clearly marked "preliminary plat" and shall be in
sufficient detail to determine whether the final plat will meet all
requirements of the ordinance.
2. Title, scale, north arrow and date must be shown.
3. The scale shall not be less than one hundred feet (100') to the
inch and shall be drawn on a topographical survey map having contour
intervals of no more than two feet (2') between intervals.
4. Must show the location and dimensions of:
(a) Existing, planned and proposed streets, public facilities
or land, easements, existing buildings, steep slopes, water courses
and wetlands, drainage ditches and other such features.
(b) Facilities or land offered for dedication or reserved for
public or other use as indicated.
(c) Contour lines and elevation points.
(d) Owners of adjoining land.
December 10, 2012
Page 269
269
(e) Blocks and lots in consecutive order.
5. It must have a neighborhood location map showing
subdivision location and surrounding roads, etc. in the same orientation
as the preliminary plat.
6. It must have a feasibility report on sewage and water
facilities.
7. Must show zoning classification, land use and minimum lot
sizes within and adjacent to the subdivision.
8. Must be a drawing of all present and proposed street grades
and facilities for sanitary sewer, water and storm water management.
9. There must be a draft of all types of restrictions placed on the
land which will become covenants in the deeds for lots shown on the final
plat when submitted. These covenants should encourage a variety of
dwelling types and developments suitable to the site.
10. Must show total acreage of subdivision, number of lots
proposed, the typical width, depth and approximate square footage of lots,
and total street length.
11. Name, telephone number and address of the subdivider or
his/her agent.
C. FINAL PLAT.
1. It shall show the corrected and finalized data from the
preliminary plat.
2. A final plat shall comply with the provisions of Chapter 236
of the Wisconsin Statutes.
3. Subdivision performance guarantee as per Section 4-4.0250
(F), Town Subdivision Ordinance.
D. STORM WATER. The preliminary plat and the final plat shall
identify and delineate all accoimodations for storm water required
by Eau Claire County.
Design Standards
December 10, 2012
Page 270
270
4-4.0270 LOCATION OF SITE.
A. GENERAL PLAN. The location and design of all land divisions must
conform to any applicable comprehensive or land use plan.
B. ZONING. The use of land in all land divisions must conform to any
applicable municipal, Town or county zoning ordinances, however, larger lots
and setbacks may be required where conditions warrant.
C. OBJECTIONABLE AREAS. Land subject to hazards of life, health
or property as may arise from fire, floods, disease, noise, falling aircraft or
considered to be uninhabitable for other reasons, may not be subdivided for
building purposes unless the hazard has been eliminated or the plans show
adequate safeguards correcting the hazards have been approved by the Town.
D. NEARBY DEVELOPMENT. All land divisions shall be coordinated
with existing nearby development or neighborhoods so that the area as a whole
shall be developed harmoniously.
4-4.0272 DESIGN OF SITE.
A. NATURAL FEATURES.
1. PRESERVATION. In all land divisions, care shall be taken to
preserve all natural and historic features which will add attractiveness
and value to the remainder of the land being divided (i.e., prime farmland,
trees, wetlands, water courses, views, historic structures).
2. STEEP SLOPE DEVELOPMENT. Where a land division is on
an area that has a slope of twelve percent or greater and with a vertical
relief of four or more feet, the Plan Commission may require larger lot
sizes than are zoned, additional best management practices for erosion
control and storm water management, and may reduce setback
requirements upon proper appeal. The footprint of buildings or
structures shall not encroach within ten feet (10') of areas with slopes
twenty percent or greater and with a vertical relief of four or more feet. A
naturally occurring steep slope shall not be graded, filled or otherwise
altered to avoid these requirements.
3. WATER FRONTAGE AND SURFACE DRAINAGE. For all land
divisions, the damming, filling or relocating or otherwise interfering with
the natural flow of surface water (including intermittent drainage) along
any surface water drainage channel or natural water course shall not be
permitted except with approval of the Plan Commission or any other
affected agency. Building setback lines shall be established no less than
seventy-five feet (75') from the high water line of any stream, lake or water
December 10, 2012
Page 271
271
body to prevent construction of any structure other than a dam, bridge,
boat house retaining wall, bulkhead or revetments in the setback area.
See County Shoreland Zoning Ordinance requirements for lot size,
setbacks, well location, location of private on-site wastewater treatment
systems, etc.
4. PLANTING SCREENS. For all land divisions, the Town shall
require planting or buffering easements, extra lot depth or width
alongside heavily traveled highways where lots are backed into the
roadway; along zoning district lines; as buffer strips separating
agricultural zoning districts from residential, commercial or industrial
land uses or residential zoning districts from commercial or industrial
land uses; as buffer zones along railroad rights-of-way or for any such
use as may be deemed appropriate and consistent with the total
development of the community.
B. STREET ARRANGEMENT. These standards shall apply to all land
divisions.
1. LOCATION PRINCIPLES. The streets shall be properly
located and designed with regard to:
(a) Existing and planned streets.
(b) Topographic conditions.
(c) Public convenience and safety including facilitating fire
protection and pedestrian traffic.
(d) The proposed uses of land to be served by the streets.
(e) Anticipated traffic volumes.
(f) Further subdivision possibilities with suitable access to
abutting properties.
(g) Any other principles as may be deemed significant to
protect the public interest by the Town.
2. COORDINATION OF EXISTING STREET PATTERN. The
arrangement, character, extent, width, grade, location and engineering
specifications of all streets shall conform to the standards of this
ordinance, adopted municipal or County plans and any official highway
December 10, 2012
Page 272
272
maps. If there is a comprehensive plan or official map, the arrangement
of streets in a land division shall provide for the continuation or
appropriate projection of existing streets into surrounding areas, subject
to topography conditions, public convenience, safety and proposed uses of
land to be served. The Plan Commission may require multiple
egress/ingress for a subdivision or other division if it deems it necessary
due to the size of the subdivision or its particular characteristics. Where
a subdivision or other division borders on or contains a railroad right-of-
way, the Plan Commission may require a street approximately parallel
with and on each side of such right-of-way, at a distance suitable for the
appropriate use of the intervening land. Such distances shall also be
determined with regard for the requirements of approach grades and
future grade separations.
3. SUBDIVISION OR OTHER DIVISION ABUTTING
ARTERIALS. Where a proposed subdivision or other division abuts or
contains an existing or proposed street right-of-way as designed on the
official map of the Town, or as may be determined by the Plan
Commission, adequate protection of existing or proposed development,
limitation of access and separation of through and local traffic shall be
handled as follows:
(a) Reverse frontage, with screen planting contained in a
non-access reservation along the rear property line; or
(b) By frontage streets; or
(c) By having development front on a perpendicular street
to the primary right-of-way.
When lots within the proposed subdivision or other division back
upon the right-of-way of an existing or proposed limited access highway
or a railroad, a planting easement at least fifteen feet (15') in width shall
be provided adjacent to normal lot depth. This easement shall be a part
of the platted lots or CSM, but shall have the following restriction lettered
on the face of the plat or CSM: "This strip reserved for the planting of
trees and shrubs, the building of any structure hereon prohibited." The
developer shall plant trees and shrubs in the planting strip as specified by
the Board, and said planting shall be treated as other subdivision
improvements to be constructed and guaranteed under Section 4-4.0250
(F).
Streets parallel to a limited access highway or railroad right-
of-way, when intersecting a major street and highway, said intersection
shall be located a minimum distance of two hundred and fifty feet (250')
from said limited access highway or railroad right-of-way. Such
minimum distance shall be determined with due consideration of the
minimum distance required for the future separation of grades by means
of appropriate approach gradients.
4. CUL-DE-SAC. Cul-De-Sacs shall not be allowed, except only
where topographical and site conditions warrant such roadways, and will
be subject to the finding of fact and approval of the Plan Commission.
December 10, 2012
Page 273
273
Designed as permanent installations, they should not be longer than five
hundred feet (500'), except only where topographical and site conditions
warrant an extension with the finding of fact and approval of the Plan
Commission. The closed end shall have a turn-around with an outside
roadway diameter of at least one hundred and eighty feet (180') and a
street property line diameter of two hundred and ten feet (210').
C. EASEMENTS IN ALL LAND DIVISION. Easements across lots or
centered on rear or side lot lines shall be designed for named utilities or their
licensees where necessary and shall be at least fifteen feet (15') wide. Electric
and telephone lines shall be planned along rear lot lines wherever possible. The
Plan Commission shall determine the feasibility of burying utility lines. Where a
subdivision or other division is traversed by a water course, drainage way,
channel or street, there shall be provided a storm water easement or drainage
right-of-way not less than thirty feet (30') in width, conforming substantially
with the lines of such water courses. Parallel streets or parkways may be
required in connection therewith.
D. STORM DRAINAGE IN ALL LAND DIVISIONS. Storm sewers,
culverts and related facilities shall be designed to permit the unimpeded flow of
natural water courses; insure the drainage of all low points along the line of
streets; provide positive drainage away from on-site sewer disposal facilities;
and, facilitate infiltration of on-site runoff where possible. Storm drainage
facilities must be designed not only to handle the anticipated peak discharge
from the property being divided, but also the anticipated increase in runoff that
will occur when all the property at a higher elevation in the same drainage basin
is fully developed. On-site infiltration of storm water runoff facilitated by
recognized storm water management best management practices will be
preferred. Where adequate existing storm sewers are readily accessible, the
subdivider shall connect his storm water facilities to these existing sewers. In
the design of storm drainage facilities, special consideration shall be given to
preventing excess runoff onto adjacent property. Where a storm drainage outlet
will abut another property, sufficient and adequate engineering safeguards shall
be designed in the plat or CSM to prevent damage to adjoining property. Sloped
drainage channels must be protected against erosion.
1. STORM WATER MANAGEMENT.
(a) PURPOSES. The intent of this section is to protect
property and structures from damage caused by increased surface
water runoff due to commercial, industrial and residential
development, and to minimize the impacts of development on
surface water quality.
(b) STANDARDS. Surface water runoff from the site after
development shall not exceed the peak rate/volume of flow at pre-
development conditions. Minimum design criteria will
accommodate peak flows resulting from two year frequency three
inches (3.0"), ten year frequency four and two-tenths inches (4.2"),
25 year frequency four and seven-tenths inches (4.7"), and 100 year
frequency six inches (6.0"), 24 hour rains. These peak flows shall
be the basis to determine both pre-construction and post-
construction surface water runoff.
December 10, 2012
Page 274
274
(c) PLAN. A storm water management plan is required for
subdivisions and shall be submitted with the preliminary plat. The
plan shall be designed, stamped and signed by a registered
professional engineer. The plan shall include, but not be limited to,
the following:
(1) Soil types, infiltration characteristics of the soil,
amount of available detention area, type of vegetative cover,
amount of impervious cover and time response to runoff.
(2) The plan shall be compatible with natural
drainage ways and existing man-made drainage ways and
easements.
(3) The plan shall identify bridges, regional drainage
patterns, water boundaries, pipes, culverts, catch basins,
waterways, ditches, detention and retention basins; and
indicate respective size, dimensions and grades of each.
(4) All drainage ways and associated structures
shall lie within maintenance easements and such easements
shall be shown on the final plat.
(5) The direction of surface water flow shall be
shown by arrows.
(6) The plan shall be designed in accordance with
any United States government guidance or requirements for
such locations.
(7) The plan shall be accompanied by calculations
showing pre-construction and post-construction surface
water runoff.
(8) A statement shall be included indicating how
runoff resulting from construction and from the completed
development will affect downstream areas and adjacent
property owners.
(9) The statement shall indicate methods, structures
and best management practices that will be used to protect
downstream areas and adjacent property owners from
damage caused by increased surface water runoff and ground
disturbance during construction.
(10) A covenant shall be recorded with the final plat
and shall be placed on the final plat. The covenant shall
state:
December 10, 2012
Page 275
275
a. No artificial obstruction may be
constructed, planted or maintained within any man-
made or natural drainage way so that such obstruction
impedes the natural flow of water and/or diminishes
the natural aesthetic quality of the drainage way.
b. Upon failure of the property owners to
perform maintenance of the drainage ways and
associated structures, the Town may perform
maintenance or repairs. The payment of said
maintenance or repairs shall be equally assessed to all
parcels within the subdivision.
2. SURFACE WATER DRAINAGE RESTRICTIONS. No drainage
way contained within a drainage easement shall be disturbed, except as
provided in 4-4.0285, in accordance with the following:
(a) No artificial obstruction may be constructed, planted or
maintained within any man-made or natural drainage way so that
such obstruction impedes he natural flow of water and/or
diminishes the natural aesthetic quality of the drainage way.
(b) Lot boundaries shall be made to coincide with new
and/or pre-existing man-made and natural drainage ways to avoid
the creation of lots that can be built upon only by altering such
drainage ways.
(c) EXCEPTIONS. Surface water shall not be regarded as
unduly retained or diverted if:
(1) The retention or diversion results from a
technique, practice or device deliberately installed as part of
an approved construction site erosion control or storm water
management plan.
(2) The retention or diversion is not substantially
different in location or degree than that experienced by the
development site in its pre-development stage, unless such a
retention or diversion presents a danger to health or safety.
(3) The retention or diversion results from the
actions of natural obstructions, whereby maintenance shall
be performed by the property owners in accordance with any
procedures and specifications approved by the Board.
(4) The retention or diversion has been allowed or
required by the Board, and noted on the approved storm
water management plan.
December 10, 2012
Page 276
276
E. LOTS AND BUILDING LOCATION. The lot size, width, depth,
shape, orientation and minimum building lines shall be appropriate for the
location of the subdivision or other division and for the type of development and
use proposed. Lot dimensions shall conform to the requirements of the local
zoning ordinance, or as may be determined by soil capability ratings and by the
County Shoreland Ordinance. Corner lots shall have increased width to permit
adequate setback from both streets. Side lot lies shall be substantially at right
angles to the street lines. Double frontage shall be avoided except where
essential to provide separation of residential development from traffic arteries or
to overcome particular topographic and orientation disadvantages.
1. ACCESS. Every lot in a subdivision or other division shall
front or abut on a public street and have direct vehicular access to that
public street for a distance of at least thirty-three feet (33'). Direct
vehicular access does not include the use of easements.
2. WIDTH AND DEPTH. All land divisions shall be at least a
half (½) acre based on the conservation design layout as described in the
Comprehensive Land Use Plan of the Town. All other subdivision of land
shall be a minimum of one and one-half (1 ½) acres as described in the
Town Comprehensive Land Use Plan. The minimum lot width for any
subdivision shall be one hundred and fifty feet (150'), measured at the
side lot line. Depth shall not exceed three times the width nor shall it be
less than one hundred and fifty feet (150'), except when following the
planning areas as described in the development scenario policies in the
Town Comprehensive Plan or as permitted by the Board due to unusual
topography. All commercial or industrial lots shall be at least one and
one-half (1 ½) acres, designed with a suitable proportion between width
and depth which is compatible with adjacent and neighboring properties.
F. FILLING. For any land division, where any land is to be filled more
than six inches (6") above an adjacent property, a grading plan must be
approved by the Plan Commission.
G. STREET NAMES. No street names shall be used which will
duplicate or be confused with the name of an existing street within the Town.
Streets that are extensions, or obviously are in alignment with existing named
streets, must bear the names of those streets. Street names must be consistent
with the Eau Claire County Uniform Addressing Grid System (Ordinance # 4-95)
and approved by the Town and County.
H. COMMERCIAL AND INDUSTRIAL AREAS. The land division shall
be designed with consideration of site conditions to permit the best possible
layout to serve the public; to permit good traffic circulation and the parking of
cars; to make delivery and pickup efficient; to design individual units so that
they blend with the whole; to provide for the most efficient arrangement of space
for present use and future expansion; and to provide adequate and safe space
for worker and customer access and parking. A development plan of this
nature shall be accompanied by a plan indicating general landscape treatment
intended.
Required Improvements
December 10, 2012
Page 277
277
4-4.0275 SURVEY MONUMENTS. The subdivider shall install survey
monuments placed in accordance with the requirements of Chapter 236.15 of
the Wisconsin Statutes witnessed with a T-type post at least five feet (5') long or
4" x 4" x 6' long CCA ground contact treated timbers and as may be required by
the Board. Any existing survey monuments which are disturbed during
construction shall be rehabilitated at cost to the subdivider and to the
specifications of existing state regulations and the County Surveyor.
4-4.0278 GRADING. After the installation of temporary block corner
monuments by the subdivider and establishment of street grades, the
subdivider shall grade the full width of the right-of-way of all streets proposed to
be dedicated in accordance with plans and standard specifications approved by
the Board. The subdivider shall grade the roadbeds in the street right-of-way to
subgrade.
4-4.0280 SURFACING. All roadways and streets to be accepted by the Board
must be finish grade with gravel fill to the specifications of the Board.
At a minimum, the roadway or street shall be hard-surfaced with asphalt
according to the specifications given by the Board. A copy of such minimum
specifications is on file with the Clerk.
After the street has been brought to the hard-surface specifications of the
Town, at the cost of the person dedicating the street or the subdivider as the
case may be, then the Town will take over and maintain the same. Repairs
required to the hard-surface as a result of defects in the hard-surface
construction or in the construction below the hard-surface shall be the
responsibility of the person dedicating or the subdivider for a period of one year
after acceptance of the street by the Town and a performance guarantee shall be
required to insure the payment for such repairs.
Where a street is installed and the person dedicating the street or the
subdivider desires to delay the installation of the hard-surface of the street,
then the person dedicating the street or the subdivider shall furnish to the Town
a satisfactory guarantee to cover the full installation of the hard-surface street,
subject to Section 4-4.0250 (F) of this ordinance.
4-4.0282 TOWN ROAD SECTIONS. When permanent town road sections
have been approved by the Board, the subdivider shall finish grade all
shoulders and road ditches, install all necessary culverts at intersections and
driveways and, if required, surface ditch inverts to prevent erosion and
sedimentation in accordance with plans and standard specifications approved
by the Board.
4-4.0285 STORM WATER MANAGEMENT FACILITIES. The subdivider shall
construct storm water drainage or management facilities and structures, which
may include, but not be limited to, curb and gutter, grassy swales, catch or
infiltration basins, trenches and inlets, porous pavements, detention ponds,
culverts, storm sewers, road ditches and open channels, as may be required.
All such facilities are to be of adequate size and grade to hydraulically
accommodate maximum potential volumes of flow; the type of facility required,
the design criteria, and the sizes and grades to be reviewed by the Plan
Commission. Storm water management facilities shall be so designed as to
present no hazard to life or property; and the size, type and installation of all
storm water drains and sewers or management structures proposed to be
December 10, 2012
Page 278
278
constructed shall be in accordance with any plans and standard specifications
approved by the Board.
4-4.0287 OTHER UTILITIES. The subdivider shall cause gas, electrical
power, telephone, telecommunications and cable facilities to be installed in such
a manner as to make adequate service available to each lot in the subdivision.
No such electrical, telephone or cable service shall be located on overhead poles
along the front lot lines unless otherwise allowed due to exceptional topography
or other physical barriers. The subdivider shall consult with the various utility
companies to determine the feasibility of burying utility lines.
Plans indicating the proposed location of all gas, electrical power,
telephone and cable distribution and transmission lines required to service the
plat shall be approved by the particular utility having jurisdiction.
4-4.0290 LOT GRADING. The Plan Commission shall require that a grading
plan be submitted prior to the approval of a preliminary plat or CSM.
4-4.0292 LOT OWNER RESPONSIBILITIES. All subdivision improvements
which are not dedicated to the public and accepted by the Board shall be
maintained by the owners of all lots in the subdivision. The subdivider shall
provide an enforceable means to accomplish this, which may include a
Homeowners’ Association, and shall provide for the assignment of responsibility
for such maintenance and the creation of liens against all lots in the subdivision
for unpaid assessments. The means chosen shall not impose any responsibility
on the Town, but shall permit the Town, at the expense of the lot owners, to
enforce performance of the responsibilities and payment therefor.
Construction
4-4.0293 COMMENCEMENT. No construction or installation of
improvements shall commence in a proposed subdivision or other division until
the final plat or CSM has been approved and the Board has given written
authorization.
4-4.0294 BUILDING PERMITS. No land use or building permits shall be
issued for erection of a structure on any lot of record until all the requirements
of this ordinance have been met.
4-4.0295 PLANS. The following plans and accompanying construction
specifications shall be required by the Board before authorization of
construction or installation of improvements:
A. Street plans and profiles showing existing and proposed grades, soil
conditions, elevations and cross sections of required improvements.
B. Storm water management plans and profiles showing the location,
grades, sizes, cross sections, elevations and materials of required facilities.
December 10, 2012
Page 279
279
1. Surface water drainage plan.
2. Grading plan.
3. Additional special plans or information as required.
TITLE 4 - PUBLIC WORKS
CHAPTER 4 - LAND USE
ARTICLE 3-VARIANCES
4-4.0305 PURPOSE. The Plan Commission (hereinafter the “Commission,”
shall determine and may vary the regulations of this ordinance in harmony with
its general purpose and intent. Only in specific instances when the Board
makes a finding of fact, based upon the standards hereinafter prescribed, shall
the Commission Grant a variance, Granting a variance may not merely serve as
a convenience to the applicant, but is necessary to alleviate some demonstrable
and qualifying difficulty.
December 10, 2012
Page 280
280
A. INITIATION.
1. PETITION. Any variance application may be initiated by the
owner or owners, or by a purchaser or purchasers under a written,
accepted offer to purchase.
2. ACTION. Variances may be initiated by action of the Town or
its agent provided that the procedure prescribed in the following
paragraphs of this section is followed.
B. APPLICATION. An application for a variance shall be filed with the
Commission. The applicant shall include a statement in writing and adequate
evidence showing that the proposed variance will conform to the variance
standards set forth in this ordinance, and shall contain the following
information and material.
1. NAME AND ADDRESS OF APPLICANT including the
property owner and agent, if any.
2. OWNERSHIP STATEMENT that the applicant is the owner or
the authorized agent of the owner of the property for which the variance is
proposed.
3. ADDRESS OR DESCRIPTION OF THE PROPERTY.
4. SCALE DRAWING OF SITE AND SURROUNDED AREA. An
accurate scale drawing of the site and the surrounding area for a distance
of at least three hundred feet (300') from each boundary of the site
showing the location of property lines and Rights of Way (any highway,
road, street, and railroad and public utilities).
5. NAMES AND ADDRESSES. The names, addresses, and
parcel numbers shall be listed for all parcels within five hundred feet
(500') of the parcel for which a variance is sought.
6. APPLICATION FEE as scheduled by the Board.
C. NOTICE. The owners of property within five hundred feet (500') of
the property that is the subject of the variance application shall receive due
notice of the hearing.
D. DUTIES. With respect to this ordinance, the Commission is hereby
delegated the following duties and responsibilities.
1. To correct errors or abuses in the administration of the
ordinance by the Town, except those of the Board.
December 10, 2012
Page 281
281
2. To grant relief when hardship results from strict application
of the provisions of the ordinance.
3. To consider applications for variances.
4. To grant or deny applications for variances from the
ordinance.
5. To interpret the subdivision regulations.
E. POWERS OF THE BOARD. The Commission shall have the
following powers.
1. To hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by the Town,
except those of the Board.
2. To authorize upon appeal in specific cases such variance
from the terms of the ordinance as will not be contrary to the public
interest, where, owing to special conditions, a literal enforcement of the
provisions of the ordinance will result in unnecessary hardship, and so
that the spirit of the ordinance shall be observed and substantial justice
done.
3. To interpret the subdivision regulations where there is a
question about the purpose, intent, application or effect of the
Subdivision Regulations.
F. PRINCIPLES GUIDING BOARD DECISIONS. The following are
principles that shall guide the Commission:
1. ACCEPTANCE OF SUBDIVISION ORDINANCE. The
Commission is bound to accept the Subdivision Ordinance as correct.
2. PROOF OF NEED FOR A VARIANCE. The burden is upon
the appellant to prove the need for a variance.
3. VARIANCE STANDARDS.
(a) UNNECESSARY HARDSHIP. The application of the
Subdivision Ordinance to the site, property or buildings will cause
an unnecessary hardship.
(1) An unnecessary hardship occurs when the strict
application of the ordinance denies the applicant all
December 10, 2012
Page 282
282
reasonable use of the property as a whole.
(2) A variance shall not be granted where the reason
for obtaining a variance is to alleviate personal
inconvenience, construction errors or self-created hardships.
(3) A variance shall not be granted where the reason
for obtaining a variance is to obtain a more profitable use of
the property or other economic reasons.
(4) The hardship cannot be one that would have
existed in the absence of the Zoning Ordinance.
(b) UNIQUE PROPERTY LIMITATIONS OR PRACTICAL
DIFFICULTY. Unique physical characteristics of the property
prevents the applicant from developing in compliance with the
Subdivision Ordinance.
(1) Physical features that may limit the use of
property include, but are not limited to, wetlands, soil type,
bedrock type and depth, groundwater depth and steep
slopes.
(2) Unique property limitations are unique or special
conditions or exceptional circumstances on the land in
question due to lot size or shape, topography, or other
physical features or circumstances, which the applicants or
the owners of the property since the enactment of the
ordinance have had no control over and which do not
generally apply to other properties in the same zone or
vicinity. The property must qualify for the variance, not the
situation of the applicant.
(3) Existing violations on other properties or
variances previously granted, including variances improperly
granted, are not grounds for a variance. Applications for a
variance must be individually evaluated based on all of these
standards as applied to the property in question.
(4) Variances shall not be granted for property
features that affect many properties in the same way.
(c) PUBLIC INTEREST PROTECTED. Granting of a
variance must not harm the public interest. A variance must not
violate the purpose, intent or objectives of the ordinance.
(d) The granting of a variance shall not be based on the
number of persons for or against it, or the lack of opposition or
support, but shall be based solely upon the equities of the situation
December 10, 2012
Page 283
283
involved and the interest of the public at large.
(e) If granted, the variance can only provide the minimum
relief needed to alleviate the unnecessary hardship or obtain
reasonable use of the property.
(1) The variance must not be detrimental to adjacent
properties.
(2) Variances may be granted in the form of an area
or dimensional variance.
(3) The use of the property and or buildings in
question must presently either conform to the County Zoning
Ordinance or be a legal non-conforming use. An application
that would bring the property into compliance may be
considered.
G. RULES, MEETINGS, MINUTES.
1. RULES OF PROCEDURE. The Commission shall adopt rules
of procedure in accordance with the provisions of this ordinance.
2. MEETING REGULATIONS. Meetings of the Commission shall
be held at the call of the Chair and at such other times as the Board may
determine. Such Chair, or in his or her absence the Acting Chair, may
administer oaths and compel the attendance of witnesses. All meetings of
the Board shall be open to the public.
3. KEEPING MINUTES. The Commission shall keep minutes of
its proceedings, showing the vote of each member upon each question, or,
if absent or failing to vote, indicating such fact, and shall keep records of
its examinations, findings of fact and other official actions, all of which
shall be immediately filed in the office of the Clerk and shall be a public
record.
H. HEARING APPEALS. The Board of Zoning Appeals shall fix a
reasonable time for the hearing of the appeal, determination or variance and
publish a Class 2 Notice thereof under Chapter 985 of the Wisconsin Statutes,
as well as give due notice to the parties in interest and decide the same within a
reasonable time. Upon the hearing any party may appear in person or by agent
or by attorney.
I. COURT REVIEW. Any person or persons, jointly or severally
aggrieved by any decision of the Commission, or any taxpayer, or any officer,
department, board of bureau of the municipality, map present to a court of
record a petition, duly verified, setting forth that such decision is illegal, in
whole or in part, specifying the grounds of illegality. Such petition shall be filed
with the court within 30 days after the filing of the decision of the Commission
December 10, 2012
Page 284
284
Appeals.
J. CERTIORARI. Upon the presentation of such petition the court
may allow a writ of certiorari directed to the Commission to review such
decision of the Commission, and shall prescribe therein the time within which a
return thereto must be made and served upon the realtor or his or her attorney,
which shall not be less than 30 days and may be extended by the court. The
allowance of the writ shall not stay proceedings upon the decision appealed
from, but the court may, on application, on notice to the Board, and on due
cause shown, grant a restraining order.
K. RETURN TO WRIT. The Board of Zoning Appeals shall not be
required to return the original papers acted upon it, but it shall be sufficient to
return certified or sworn copies thereof or of such portions thereof as may be
called for by such writ. The return shall concisely set forth such other facts as
may be pertinent and material to show the grounds of the decision appealed
from, and shall be verified.
L. COURT DECISION. If, upon the hearing, it shall appear to the
court that testimony is necessary for the proper Disposition of the matter, it
may take evidence, or appoint a referee to take such evidence as it may direct
and to report the same to the court with his findings of fact and conclusions of
law, which shall constitute s part of the proceedings upon which the
determination of the court shall be made. The court may reverse or affirm,
wholly or partly, or may modify, the decision brought up for review.
M. COSTS. Costs shall not be allowed against the Board unless it shall
appear to the court that it acted with gross negligence or in bad faith, or with
malice in making the decision appealed from. All issues in any proceeding
under this section shall have preference over all civil action and proceedings.
December 10, 2012
Page 285
285
FEE SCHEDULE
Type of License and
Fee
Amount Ordinance #
Cigarettes $25.00
Class A Beer (take out) $100.00
Class B Beer (beer bar) $100.00
Class A Liquor (liquor
store)
$400.00
Class B Liquor (liquor
bar)
$400.00
Picnic $10.00
Expedited Refunds $10.00 1-4.0120
Building Removed,
Razed
$2.00 1-4.0605 A
Hotel Permit Application
Fee
$10.00 1-4.0835 A
Hotel Permit Renewal
Fee
$10.00 1-4.0835 C
Fireworks Application $25.00 2.1-1.0240 H
Commercial Animal
Establishment License
$40.00 2.1-3.0155 J
Dog License (unaltered) $8.00 + additional
license fee
2.1-3.0125 C
Dog license (spayed,
neutered)
$3.00 + additional
license fee
2.1-3.0125 C
Multiple Dog License (up
to 12 dogs)
$36.00 + additional
license fee for each tag
issued
2.1-3.0125 C
Multiple Dog License
(additional dogs)
$3.00 + additional
license fee for each tag
2.1-3.0125 C
December 10, 2012
Page 286
286
issued
Dog License Late Fee $5.00 2.1-3.0125 F
Animal Impoundment &
Disposal
Set by Animal Shelter 2.1-3.0170 D
Burning Permit 2.2-3.0175
Burn Barrel 2.2-3.0175
Bartender’s License $15.00 3-1.0110 A
Bartender’s License -
provisional
$20.00
Bartender’s License
Renewal
$15.00 3-1.0110 A
Adult Entertainment
Establishment
Application
$1,000.00 3-1.0230
Adult Entertainment
Renewal License
$1,000.00 3-1.0240 B
Adult Entertainment
Renewal License Late
Fee
$100.00 3-1.0240
Cable System Franchise
Application
$100.00 3-1.0306
Franchise Assignment $100.00 3-1.0307
Franchise Late Fee $50 + 1.5% amount due
for each month between
due date and date
collected by treasurer
3-1.0375
Annual Franchise 3% annual gross
revenue of franchise
3-1.0380 D
Amusement Machine
Operator’s License
$25/year/device or
phonograph
3-1.0405 D
Mobile Home Transfer of $10.00 3-1.0510 G
December 10, 2012
Page 287
287
License
Mobile Home Annual
License Fee
$150/50 spaces or
fraction thereof within
each mobile home park
3-1.0515 A
Mobile Home Monthly
Parking Fee
See ordinance 3-1.0525
Direct Seller $20.00 3-1.0620 C
Solid Waste
Application/Annual
License
$500.00 3-1.0735
Recycling Center
License
$500.00 3-1.0915
Recycling Center
License Renewal
$75.00 3-1.0915
Motor Vehicle Salvage
Yard License
$500.00 3-1.1015
Motor Vehicle Salvage
Yard Renewal
$75.00 3-1.1015
Vacation Permit $250 4-2.0410
Driveway Permit $25 4-2.0710
CSM or Preliminary Plat $60.00 4-4.0235
Final Plat $50.00 4-4.0235
BUILDING AND INSPECTION FEES (2.1-4.0125)
*Under $1,000 and no structural change does not require a permit.
Type of License and Fee Amount
Residential
New construction/Location - 1 or 2 family,
manufactured or modular, (includes electric,
plumbing, heat)
.25/ sq ft with
minimum of $250
December 10, 2012
Page 288
288
Additions - finished .25/sq ft with minimum
of $75
Additions - unfinished .25/sq ft with minimum
of $50
Additions - deck, pools $30
Additions - re-roofing/re-siding $25
Alterations .25/sq ft with minimum
of $50
Garages (attached or not) $50
Pole Building .05/sq ft or $30
minimum & $150
maximum
Electrical (additional) $25
Plumbing (additional) $25
Heating (additional) $25
Inspections/Repeats (over four) $50
Special Inspections $25
Permission to Start $25
Commercial
New and Additions (includes electric, plumbing,
heating, construction)
$250 + .02/sq ft
Alterations $150 + .02/sq ft with
minimum $50
Fines
Start before permit/no permit - residential $50 to double permit
fee per day
Start before permit/no permit - commercial $100 to double permit
fee per day
Covering before inspection $50
December 10, 2012
Page 289
289
