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CODE OF ORDINANCES
TOWN OF FOND DU LAC
FOND DU LAC COUNTY, WISCONSIN
ORDAINED AND PUBLISHED
BY AUTHORITY
OF THE TOWN OF FOND DU LAC
BOARD OF SUPERVISORS
2006
TOWN OF FOND DU LAC
MUNICIPAL CODE
Table of Contents
Adopting Ordinance
Open Meeting Notice Guide
TITLE 1 - GENERAL PROVISIONS
Chapter 1 - Use and Construction
1-1-1:
Title of Code; Citation
1-1-2:
Principles of Construction
1-1-3:
Conflict of Provisions
1-1-4:
Separability of Provisions
1-1-5:
Effective Date of Ordinances
1-1-6:
General Penalty
1-1-7:
Clerk to Maintain Copies of Documents Incorporated by Reference
Chapter 2 - Use of Citation
1-2-1:
1-2-2:
1-2-3:
1-2-4:
1-2-5:
1-2-6:
1-2-7:
Method of Enforcement
Information Contained in Citation
Form of Citation
Schedule of Deposits
Issuance of Citations
Procedure
Nonexclusivity
TITLE 2 - GOVERNMENT AND ADMINISTRATION
Chapter 1 - General Provisions and Elections
2-1-1:
Legal Status; General Town Powers
2-1-2:
Village Powers
2-1-3:
Voter Registration
2-1-4:
Polling Place
2-1-5:
Election Poll Hours; Workers
2-1-6:
Official Newspaper
Chapter 2 - Town Meetings
2-2-1:
Town Meetings Definitions
2-2-2:
Powers of Town Meetings
2-2-3:
Annual Town Meeting
2-2-4:
Special Town Meetings
2-2-5:
Presiding Officer at Town Meetings
2-2-6:
Procedure at all Town Meetings
2-2-7:
Clerk of Town Meetings
Chapter 3 - Town Board
2-3-1:
Town Boards; Elections to
2-3-2:
General Powers and Duties of the Town Board
2-3-3:
Miscellaneous Powers of the Town Board
2-3-4:
Powers and Duties of the Town Board Chairperson
2-3-5:
Internal Powers of the Board
2-3-6:
Meetings of the Town Board
2-3-7:
Special Meetings of the Board
2-3-8:
Open Meetings
2-3-9:
Quorum
2-3-10:
Presiding Officer; Absence of Chairperson or Clerk
2-3-11:
Order of Business
2-3-12:
Introduction of Business, Resolutions and Ordinances; Disposition
of Communications
2-3-13:
Conduct of Deliberations
2-3-14:
Procedure at Public Hearings
2-3-15:
Motions; Voting
2-3-16:
Reconsideration of Questions
2-3-17:
Publication or Posting of Ordinances and Resolutions
2-3-18:
Amendment of Rules
2-3-19:
Suspension of Rules
Chapter 4 - Town Officers and Employees
2-4-1:
Election of Town Officers; General Provisions
2-4-2:
Temporary Vacancies
2-4-3:
Official Oath and Bond
2-4-4:
Compensation of Elective Town Offices
2-4-5:
Reimbursement of Expenses
2-4-6:
Compensation When Acting in More Than One Official Capacity
2-4-7:
Town Clerk
2-4-8:
Town Treasurer
2-4-9:
Assessor
2-4-10:
Building Inspector/Permit Issuer
2-4-11:
Weed Commissioner
2-4-12:
Town Attorney
2-4-13:
Town Engineer
2-4-14:
Town Constable
2-4-15:
Town Auditor/Accountant
2-4-16:
Town Employees; Special Office Positions
2-4-17:
Custody of Official Property
2-4-18:
Eligibility for Office/Incompatibility of Office
2-4-19:
Chapter 5 - Boards, Commissions and Committees
2-5-1:
2-5-2:
2-5-3:
2-5-4:
2-5-5:
Board of Review
Zoning Board of Appeals
Plan Commission
General Provisions Regarding Meetings and Public Notice
Residency Required for Service on Boards, Committees or
Commissions
Chapter 6 - Ethics Code
2-6-1:
Statement of Purpose
2-6-2:
Definitions
2-6-3:
Statutory Standards of Conduct
2-6-4:
Responsibility of Public Office
2-6-5:
Dedicated Service
2-6-6:
Fair and Equal Treatment
2-6-7:
Conflict of Interest
2-6-8:
Advisory Opinions
2-6-9:
Sanctions
TITLE 3 - FINANCE AND PUBLIC RECORDS
Chapter 1 - Finance
3-1-1:
3-1-2:
3-1-3:
3-1-4:
3-1-5:
3-1-6:
3-1-7:
3-1-8:
3-1-9:
3-1-10:
3-1-11:
3-1-12:
3-1-13:
3-1-14:
3-1-15:
3-1-16:
3-1-17:
3-1-18:
3-1-19:
3-1-20:
3-1-21:
3-1-22:
Fiscal Management
Preparation and Adoption of Budget
Changes in Budget
Town Funds to be Spent in Accordance with Appropriation
Annual Financial Statement
Finance Book
Financial Audits
Claims Against Town
Disbursements from Town Treasury
Facsimile Signatures
Public Depository
Temporary Investment of Funds Not Immediately Needed
Public Contracts and Competitive Bidding
Receiving Money; Receipt for Same
Duplicate Treasurer’s Bond Eliminated
Statement of Real Property Status
Liability of the Town for Acts of Agents
Accounts Receivable Billing Procedures
Annual Audits
Fee for Returning Checks with Insufficient Funds; Collection Costs
Delinquent Personal Property Taxes
Policy for Public Deposits and Investments
Chapter 2 - Special Assessments
3-2-1:
Town Board May Levy Special Assessments
3-2-2:
Resolution and Report Required
3-2-3:
Costs That May Be Paid by Special Assessment
3-2-4:
Exemptions; Deductions
3-2-5:
Notice of Proposed or Approved Project
3-2-6:
Board Actions After Hearing
3-2-7:
Combined Assessments
3-2-8:
Board’s Power to Amend, Cancel or Confirm Special Assessment
3-2-9:
Where Cost of Improvement is Less than Assessment
3-2-10:
Appealed Assessments Payable When Due
3-2-11:
Special Assessment is a Lien on Property
3-2-12:
Special Charges Permissible
3-2-13:
Miscellaneous Provisions
Chapter 3 - Public Records
3-3-1:
Definitions
3-3-2:
Duty to Maintain Records
3-3-3:
Legal Custodians
3-3-4:
Public Access to Records
3-3-5:
Access Procedures
3-3-6:
Limitations on Right to Access
3-3-7:
Destruction of Records
3-3-8:
Preservation Through Microfilm
3-3-9:
Taped Records of Meetings
Chapter 4 - Public Building Use
3-4-1:
Authority
3-4-2:
Public Building Access and Use
Chapter 5 - Room Tax
3-5-1:
Definitions
3-5-2:
Imposition of Room Tax
3-5-3:
Schedule of Payments
3-5-4:
Applications
3-5-5:
Issuance of Permit
3-5-6:
Sale of Business
3-5-7:
Audits
3-5-8:
Failure to File Return
3-5-9:
Interest on Unpaid Taxes
3-5-10:
Late Filing Fee
3-5-11:
Records
3-5-12:
Confidentiality
3-5-13:
Penalty
3-5-14:
Interpretation
TITLE 4 - ADMINISTRATIVE DETERMINATIONS REVIEW
Chapter 1 - Review of Administrative Determinations
4-1-1:
Review of Administrative Determinations
4-1-2:
Determinations Reviewable
4-1-3:
Determinations Not Subject to Review
4-1-4:
Municipal Authority Defined
4-1-5:
Persons Aggrieved
4-1-6:
Reducing Determination to Writing
4-1-7:
Request for Review of Determination
4-1-8:
Review of Determination
4-1-9:
Administrative Appeal
4-1-10:
Hearing on Administrative Appeal
4-1-11:
Final Determination
4-1-12:
Judicial Review
4-1-13:
Legislative Review
TITLE 5 - FIRE PREVENTION AND SAFETY CODES
Chapter 1 - Fire Protection
5-1-1:
Fire Protection
5-1-2:
Ambulance Service
5-1-3:
Impeding Fire Equipment Prohibited
5-1-4:
Police Power of Fire Departments
5-1-5:
Fire Inspections
5-1-6:
Damaging Fire Hose Prohibited; Parking by Hydrants; Blocking
Fire Lanes
5-1-7:
Firemen May Enter Adjacent Property
5-1-8:
Duty of Bystanders to Assist
5-1-9:
Vehicles to Yield Right of Way
5-1-10:
Open Burning
Chapter 2 - Fire Prevention and Safety Codes
5-2-1:
Intent of Code
5-2-2:
Adoption of State Codes
5-2-3:
Application to New and Existing Conditions
5-2-4:
Orders to Eliminate Fire Hazards
5-2-5:
Service of Orders
5-2-6:
Investigation of Fires
5-2-7:
Banning/Regulating the Use of Fire, Burning Materials, Fireworks
5-2-8:
Guaranty/Warranty
Chapter 3 - Hazardous Materials
5-3-1:
Disclosure of Hazardous Materials; Reimbursement for Clean-up
5-3-2:
Recovery of Costs of Extinguishing Fires Involving Hazardous
Waste
TITLE 6 - PUBLIC WORKS
Chapter 1 - Public Works
6-1-1:
Statutory Public Works Authority
6-1-2:
Payment for Public Works; Special Assessments
6-1-3:
Burning or Deposit of Rubbish on Highway Right-of-Ways
Prohibited
Chapter 2 - Laying Out and Construction of Town Highways and Roads
6-2-1:
Application to Lay Out and Construct Highway
6-2-2:
Restrictions on Laying Out Highways
6-2-3:
Procedure After Application is Filed
6-2-4:
Duties of Applicants After Application is Filed
6-2-5:
Proceedings After Notice
6-2-6:
Order, Award and Recording
6-2-7:
Damages
6-2-8:
Appeals
6-2-9:
Payment of Construction Expenses
6-2-10:
Preliminary Inspection
6-2-11:
Performance Bond
6-2-12:
Roadway Specifications
6-2-13:
Final Inspection
Chapter 3 - Road Excavations; Trees
6-3-1:
Excavations of Streets, Alleys, Public Ways and Roads
6-3-2:
Regulations Governing Excavations and Openings
6-3-3:
Trees and Shrubbery Obstructing View at Intersection or View of
Traffic Signs; Tree Removal; Fences
6-3-4:
Injury to Trees and Shrubs Prohibited
6-3-5:
Deposit of Rubbish, Stones on Highway Right-of-Way Prohibited
6-3-6:
Placement of Rural Mailboxes
6-3-7:
Mailbox Replacement
Chapter 4 - Driveways; Culverts
6-4-1:
Culvert Requirements
6-4-2:
Driveway and Culvert Location, Design and Construction
Requirements
TITLE 7 - LICENSING AND REGULATION
Chapter 1 - Licensing of Dogs and Regulation of Animals
7-1-1:
Dog License Required; Definitions
7-1-2:
Rabies Vaccination Required for License
7-1-3:
7-1-4:
7-1-5:
7-1-6:
7-1-7:
7-1-8:
7-1-9:
7-1-10:
7-1-11:
7-1-12:
7-1-13:
7-1-14:
7-1-15:
7-1-16:
7-1-17:
Issuance of Dog and Kennel Licenses
Late Fees
Rabies Quarantine
Restrictions on Keeping of Dogs, Cats, Fowl and Other Animals
Impoundment of Animals
Dogs and Cats Restricted in Cemeteries
Duty of Owner in Case of Dog or Cat Bite
Injury to Property by Animals
Barking Dogs or Crying Cats
Sale of Rabbits, Chicks or Artificially Colored Animals
Providing Proper Food and Drink to Confined Animals
Providing Proper Shelter
Neglected or Abandoned Animals
Cruelty to Animals and Birds Prohibited
Penalties
Chapter 2 - Fermented Malt Beverages and Intoxicating Liquor
Article A - Fermented Malt Beverages and Intoxicating Liquor
7-2-1:
State Statutes Adopted
7-2-2:
Definitions
7-2-3:
License Required
7-2-4:
Class of Licenses
7-2-5:
License Fees
7-2-6:
Application for License
7-2-7:
Qualifications of Applicants and Premises
7-2-8:
Investigation
7-2-9:
Approval of Application
7-2-10:
Granting or Denial of License
7-2-11:
Transfer and Lapse of License
7-2-12:
Numbering of License
7-2-13:
Posting Licenses; Defacement
7-2-14:
Conditions of License
7-2-15:
Closing Hours
7-2-16:
Restrictions on Temporary Fermented Malt Beverage or Wine
Licenses
7-2-17:
Revocation and Suspension of Licenses; Nonrenewal
7-2-18:
Nonalcohol Events for Underage Persons on Licensed Premises
7-2-19 through
7-2-29:
Reserved for Future Use
Article B - Operator’s License
7-2-30:
Operator’s License Required
7-2-31:
Procedure Upon Application
7-2-32:
Duration
7-2-33:
Operator’s License Fee; Provisional License; Temporary License
7-2-34:
Issuance or Denial of Operator’s Licenses
7-2-35:
Training Course
7-2-36:
Display of License
7-2-37:
Revocation of Operator’s License
7-2-38 through
7-2-39:
Article C - Penalties
7-2-40:
Penalties
Chapter 3 - Cigarette License
7-3-1:
Cigarette License
Chapter 4 - Transient Merchants
7-4-1:
Registration Required
7-4-2:
Definitions
7-4-3:
Exemptions
7-4-4:
Registration
7-4-5:
Investigation
7-4-6:
Appeal
7-4-7:
Regulation of Transient Merchants
7-4-8:
Revocation of Registration
Chapter 5 - Use of Explosives; Blasting Activities
7-5-1:
Authority and Purpose
7-5-2:
Definitions
7-5-3:
Regulation of Explosive Materials and Blasting
7-5-4:
Temporary Permits
7-5-5:
Regulation of Blasting Resultants
7-5-6:
Applicability
7-5-7:
Violations and Penalties
Chapter 6 - Regulation and Licensing and Fireworks
7-6-1:
Regulation of Fireworks
Chapter 7 - Street Use Permits
7-7-1:
Street Use Permits
Chapter 8 - Regulation of Large Assemblies of Persons
7-8-1:
Permits for Large Public Gatherings
Chapter 9 - Adult-Oriented Establishments
7-9-1:
Purpose
7-9-2:
Authority
7-9-3:
Definitions
7-9-4:
License
7-9-5:
Physical Layout and Operation
7-9-6:
7-9-7:
7-9-8:
7-9-9:
7-9-10:
Location Restrictions
Standards of Conduct and Operation in Adult Cabarets
Measurement
Nonconforming Uses
Miscellaneous
Chapter 10 - Licensees to Pay Local Claims; Appellate Procedures
7-10-1:
Licensees Required to Pay Local Taxes, Assessments and Claims;
Appellate Procedures
7-10-2:
Duty of Clerk With Regard to Licenses
TITLE 8 - HEALTH AND SANITATION
Chapter 1 - Health and Sanitation
8-1-1:
Rules and Regulations
8-1-2:
Health Nuisances; Abatement of
8-1-3:
Deposit of Deleterious Substances Prohibited
8-1-4:
Destruction of Noxious Weeds
8-1-5:
Regulation of Length of Lawn and Grasses
8-1-6:
Rodent Control
8-1-7:
Composting
Chapter 2 - Pollution Abatement
8-2-1:
Cleanup of Spilled or Accidentally Discharged Wastes
8-2-2:
Storage of Polluting Substances
Chapter 3 - Recycling
8-3-1:
Title and Purpose
8-3-2:
Authority
8-3-3:
Rules of Construction
8-3-4:
Severability
8-3-5:
Applicability
8-3-6:
Administration
8-3-7:
Effective Date
8-3-8:
Service Contracts
8-3-9:
Charges for Collection and Removal Services
8-3-10:
General Requirements
8-3-11:
Definitions
8-3-12:
Separation of Recyclable Materials
8-3-13:
Care of Separated Recyclable Materials
8-3-14:
Management of Lead Acid Batteries, Major Appliances, Waste
Oil, Yard Waste
8-3-15:
Preparation and Collection of Recyclable Materials
8-3-16:
Responsibilities of Owners or Designated Agents of MultipleFamily Dwellings
8-3-17:
8-3-18:
Responsibilities of Owners or Designated Agents of Nonresidential
Facilities & Properties
Enforcement
Chapter 4 - Tank Inspections and Removal
8-4-1:
Purpose and Authority
8-4-2:
Service Contracts
8-4-3:
Fees for Contract Services
TITLE 9 - PUBLIC UTILITIES
Chapter 1 - Cable Television
9-1-1:
Short Title
9-1-2:
Purposes
9-1-3:
Conflicting Provisions
9-1-4:
Definitions
9-1-5:
Franchise Territory
9-1-6:
Grant of Franchise
9-1-7:
Description of System
9-1-8:
Franchise Acceptance
9-1-9:
Transfer of Franchise
9-1-10:
Franchise Term and Renewal
9-1-11:
Revocation and Expiration
9-1-12:
Town Rights
9-1-13:
Grantee Rights
9-1-14:
Technical Performance
9-1-15:
Conditions on Street Occupancy
9-1-16:
Work Performed by Others
9-1-17:
Indemnity
9-1-18:
Franchise Fee and Annual Report
9-1-19:
Rates Charged by the Grantee
9-1-20:
Open Books and Records
9-1-21:
Subscriber Rights
9-1-22:
Emergency Alert Override System
9-1-23:
Unauthorized Connections and Modifications
9-1-24:
Severability
9-1-25:
Foreclosure; Condemnation; Receivership
9-1-26:
Nonenforcement by Town
9-1-27:
General Rights and Remedies
9-1-28:
Waiver or Exemption
9-1-29:
Transfer of Cable Television Franchise
Chapter 2 - Sewer Connections
9-2-1:
Applicability and Purpose
9-2-2:
Definition of Terms
9-2-3:
9-2-4:
9-2-5:
9-2-6:
9-2-7:
9-2-8:
9-2-9:
Procedure for Individual Sewer Connections
Repayment of Special Assessments in Installments
Connection Requirements and Procedures
Sewer Service Rates
Use of Sewerage System
Miscellaneous Rules and Regulations
Rights of Property Owners
Chapter 3 - Town Water Supply Protection
9-3-1:
Purpose; Applicability
9-3-2:
Definitions
9-3-3:
Notice Requirements
9-3-4:
Filing of Reports
9-3-5:
Costs Incident to Well Construction
9-3-6:
Groundwater Protection Fund
9-3-7:
Emergency Water Provisions
9-3-8:
Nonexclusivity
9-3-9:
Enforcement
9-3-10:
Interpretations
Chapter 4 - Connections To and Use of Town Water Distribution System
9-4-1:
Authority
9-4-2:
Purpose and Applicability
9-4-3:
Definitions
9-4-4:
Other Applicable Regulations
9-4-5:
Permit Requirements
9-4-6:
Individual Water Service and Building Lateral Extensions
9-4-7:
Future Water Main Extensions
9-4-8:
Hydrants
9-4-9:
Billing for Water Usage
9-4-10:
Vacated Buildings
9-4-11:
Repairs to Water Mains
9-4-12:
Mandatory Connection
9-4-13:
Cross-Connections
9-4-14:
Abandonment of Private Wells
9-4-15:
Authority of Inspectors
9-4-16:
Water Service Area
9-4-17:
Remedies and Penalties
9-4-18:
Interpretation
Chapter 5 - Special Assessments for Town Water Distribution System
9-5-1:
Authority
9-5-2:
Purpose
9-5-3:
Applicability
9-5-4:
Exercise of Police Powers
9-5-5:
Description of Construction Project
9-5-6:
Property Subject to Assessment
9-5-7:
Calculation of Assessed Costs
9-5-8:
Calculation of Individual Assessments
9-5-9:
Levy of Special Assessments
9-5-10:
Installment Payment Options
9-5-11:
9-5-12:
Collection of Assessments
9-5-13:
Interpretation
Appendix A: Calculation of Excluded and Assessed Portion of Project Costs
TITLE 10 - MOTOR VEHICLES AND TRAFFIC
Chapter 1 - Traffic and Parking
Article A - General Provisions
10-1-1:
State Traffic Laws Adopted
10-1-2:
State Administrative Code Provisions Adopted
10-1-3:
Official Traffic Signs and Control Devises; Prohibited Signs,
Signals, Markers
10-1-4:
Registration Record of Vehicle as Evidence
10-1-5 through
10-1-9:
Article B - Street Traffic Regulations
10-1-10:
Operators to Obey Traffic Control Devices
10-1-11:
Vehicle Weight and Size Limitations
10-1-12 through
10-1-19:
Article C - Parking Regulations
10-1-20:
Restrictions on Parking; Posted Limitations
10-1-21:
Stopping or Parking Prohibited in Certain Place
10-1-22:
Parking Reserved for Vehicles of Disabled
10-1-23:
Winter Parking Restrictions
10-1-24:
Stopping Parking of Fire and Police Vehicles
10-1-25 through
10-1-39:
Article D - Miscellaneous Provisions
10-1-40:
Disturbance of the Peace with a Motor Vehicle
10-1-41 through
10-1-49:
Article E - Enforcement and Penalties
10-1-50:
Penalties
Chapter 2 - All Terrain Vehicles and Off-road Motor Vehicle Operation
10-2-1:
State All Terrain Vehicle Laws Adopted
10-2-2:
Unauthorized Operation of Motor Vehicles
TITLE 11 - OFFENSES AND NUISANCES
Chapter 1 - State Statutes Adopted
11-1-1:
Offenses Against State Laws Subject to Forfeiture
11-1-2:
Penalties; Attempt; Parties to Acts
Chapter 2 - Offenses Against Public Safety and Peace
11-2-1:
Discharge of Firearms
11-2-2:
Sale and Discharge of Fireworks Restricted
11-2-3:
Loitering Prohibited
11-2-4:
Disorderly Conduct
11-2-5:
Obscenity
Chapter 3 - Offenses Against Property
11-3-1:
Destruction of Property Prohibited
11-3-2:
Littering Prohibited
11-3-3:
Abandoned Refrigerators Prohibited
11-3-4:
Trespass
11-3-5:
Damage to Public Property
11-3-6:
Cemetery Regulations
11-3-7:
Penalties
Chapter 4 - Offenses Involving Alcoholic Beverages
11-4-1:
Sale to Underage or Intoxicated Persons Restricted
11-4-2:
Underage Persons’ Presence in Places of Sale; Penalty
11-4-3:
Underage Persons; Prohibitions; Penalties
11-4-4:
Defense of Sellers
11-4-5:
Persons Who Have Attained the Legal Drinking Age;
False or Altered Identification Cards
11-4-6:
Possession of Alcohol Beverages on School Grounds
11-4-7:
Adult Permitting or Encouraging Underage Violation
11-4-8:
Solicitation of Drinks Prohibited
Chapter 5 - Offenses by Juveniles
11-5-1:
Town Jurisdiction Over Juveniles
11-5-2:
Enforcement and Penalties
Chapter 6 - Public Nuisances
11-6-1:
Public Nuisances Prohibited
11-6-2:
Public Nuisances Defined
11-6-3:
Public Nuisances Affecting Health
11-6-4:
Public Nuisances Intoxicating Liquor
11-6-5:
Public Nuisances Affecting Peace and Safety
11-6-6:
Abatement of Public Nuisances
11-6-7:
Cost of Abatement
Chapter 7 - Noise Ordinance
11-7-1
11-7-2
11-7-3
11-7-4
11-7-5
11-7-6
11-7-7
Purpose
Findings
Scope
Definitions
General Prohibition
Noises Prohibited
Exemptions
TITLE 12 - PARKS AND NAVIGABLE WATERS
Chapter 1 - Regulation of Parks and Navigable Waters
12-1-1:
Park Regulations
12-1-2:
Radio-Controlled Model Airplanes Prohibited in Parks
12-1-3:
Use of Metal Detectors on Public Property
12-1-4:
Fees and User Regulations
12-1-5:
Public Utilities and Private Construction
Chapter 2 - Community Use of Town Facilities
12-2-1:
12-2-2:
Definition of Terms
12-2-3:
Community Use of Town Facilities
12-2-4:
Fee for Use of Town Facilities
12-2-5:
Alcoholic Beverages Prohibited
12-2-6:
Proof of Insurance
12-2-7:
Indemnification
12-2-8:
Limitation on Damages
12-2-9:
Condition of Facilities
12-2-10:
Use of Kitchen Facilities
12-2-11:
Compliance With All Regulations
12-2-12:
Application for Use; Permit Required
12-2-13:
Regulations
TITLE 13 - ZONING CODE
13-1-1: Applicability and Purpose
13-1-1(a): Applicability
13-1-1(b): Purpose
13-1-2: Definition of Terms
13-1-2(a): General
13-1-2(b): Definition of Terms
13-1-3 General Provisions
13-1-3(a): Establishment of Districts
13-1-3(b): Establishment of Zoning Map
13-1-3(c): Interpretation of District Boundaries
13-1-3(d): Application of Regulations
13-1-3(e): County Zoning Ordinances
13-1-4 Nonconforming Uses
13-1-4(a): Applicability and Intent
13-1-4(b): Nonconforming Uses of Land and Structures
13-1-4(c): Nonconforming Structures
13-1-4(d): Nonconforming Lots of Record
13-1-4(e): Repairs and Maintenance
13-1-4(f): Existing Special Exceptions
13-1-5 Schedule of District Regulations
13-1-5(a): A-1 Exclusive Agricultural District
13-1-5(a)(1): Purpose
13-1-5(a)(2): Permitted Principal Uses and Structures
13-1-5(a)(3): Permitted Accessory Uses and Structures
13-1-5(a)(4): Special Exception Uses and Structures
13-1-5(a)(5): Dimensional Requirements
13-1-5(a)(6): Permitted Signs
13-1-5(a)(7): Off-Street Parking
13-1-5(b): A-T Exclusive Agricultural District (Transitional)
13-1-5(b)(1): Purpose
13-1-5(b)(2): Permitted Principal Uses and Structures
13-1-5(b)(3): Permitted Accessory Uses and Structures
13-1-5(b)(4): Special Exception Uses and Structures
13-1-5(b)(5): Dimensional Requirements
13-1-5(b)(6): Permitted Signs
13-1-5(b)(7): Off-Street Parking
13-1-5(c): RR Residential District (Rural)
13-1-5(c)(1): Purpose
13-1-5(c)(2): Permitted Principal Uses and Structures
13-1-5(c)(3): Permitted Accessory Uses and Structures
13-1-5(c)(4): Special Exception Uses and Structures
13-1-5(c)(5): Dimensional Requirements
13-1-5(c)(6): Permitted Signs
13-1-5(c)(7): Off-Street Parking
13-1-5(d): RM Residential District (Medium Density)
13-1-5(d)(1): Purpose
13-1-5(d)(2): Permitted Principal Uses and Structures
13-1-5(d)(3): Permitted Accessory Uses and Structures
13-1-5(d)(4): Special Exception Uses and Structures
13-1-5(d)(5): Dimensional Requirements
13-1-5(d)(6): Permitted Signs
13-1-5(d)(7): Off-Street Parking
13-1-5(d)(8): Animal Housing
13-1-5(e): RL Residential District (Low Density)
13-1-5(e)(1): Purpose
13-1-5(e)(2): Permitted Principal Uses and Structures
13-1-5(e)(3): Permitted Accessory Uses and Structures
13-1-5(e)(4): Special Exception Uses and Structures
13-1-5(e)(5): Dimensional Requirements
13-1-5(e)(6): Permitted Signs
13-1-5(e)(7): Off-Street Parking
13-1-5(e)(8): Animal Housing
13-1-5(f): RO Residential District (Open Density)
13-1-5(f)(1): Purpose
13-1-5(f)(2): Permitted Principal Uses and Structures
13-1-5(f)(3): Permitted Accessory Uses and Structures
13-1-5(f)(4): Special Exception Uses and Structures
13-1-5(f)(5): Dimensional Requirements
13-1-5(f)(6): Permitted Signs
13-1-5(f)(7): Off-Street Parking
13-1-5(f)(8): Animal Housing
13-1-5(g): C Commercial
13-1-5(g)(1):
13-1-5(g)(2):
13-1-5(g)(3):
13-1-5(g)(4):
13-1-5(g)(5):
13-1-5(g)(6):
Purpose
Permitted Principal Uses and Structures
Permitted Accessory Uses and Structures
Special Exception Uses and Structures
Dimensional Requirements and Lot Screening
Permitted Signs
13-1-5(g)(7): Off-Street Parking
13-1-5(h): I Industrial
13-1-5(h)(1):
13-1-5(h)(2):
13-1-5(h)(3):
13-1-5(h)(4):
13-1-5(h)(5):
13-1-5(h)(6):
13-1-5(h)(7):
Purpose
Dimensional Requirements and Lot Screening
Permitted Signs
Off-Street Parking
13-1-6 Supplementary District Regulations
13-1-6(a): General Application
13-1-6(b): Lots and Yards
13-1-6(c): Accessory Uses and Structures
13-1-6(d): Height
13-1-6(e): Storage of Junk, Refuse, Debris and Disabled or Damaged
Motor Vehicles
13-1-6(f): Mobiles Homes, Trailers, Boats, Snowmobiles, Etc
13-1-6(g): Parking and Storage of Motor Vehicle, Boats, Snowmobiles,
Cargo Trailers, Recreation Vehicles and Similar Vehicles
13-1-6(h): Unified Development
13-1-6(i): Buffers in New Subdivisions
13-1-6(j): Two-Family Dwelling Architectural Controls
13-1-6(k): Development Within the Red Corridor
13-1-7: Permits
13-1-7(a):
13-1-7(b):
13-1-7(c):
13-1-7(d):
13-1-7(e):
13-1-7(f):
13-1-7(g):
Applicability
Application for Building Permit
Approval of Permit
Use as Provided in Application and Plans
Improper Issuance
Prior Permits
Time Limit On Permits
13-1-8: Enforcement, Remedies and Penalties
13-1-8(a): Building Inspector-Duties and Powers
13-1-8(b): Remedies
13-1-8(c): Penalties
13-1-9 Board of Appeals
13-1-9(a): Establishment of Board
13-1-9(b): Membership and Terms of Office
13-1-9(c): Procedures, Meetings, Records and Decisions
13-1-9(d): Appeals
13-1-9(e): Variances
13-1-9(f): Special Exceptions
13-1-9(g): Appeal of Board Decisions
13-1-10: Amendments
13-1-10(a): Power of Amendment
13-1-10(b): Procedures
13-1-10(c): Public Hearing and Notice
13-1-10(d): Final Approval by Town Board
13-1-11: Interpretation and Severability
13-1-11(a): Interpretation
13-1-11(b): Severability
TITLE 14 - SUBDIVISION AND LAND CODE
14-1-1: Adoption; Introduction
14-1-1(a): Introduction and Purpose
14-1-1(b): Abrogation and Greater Restrictions
14-1-1(c): Interpretation
14-1-1(d): Severability
14-1-1(e): Repeal
14-1-1(f): Title
14-1-2: Definitions
14-1-3: General Provisions
14-1-3(a): General Provisions
14-1-3(a)(1): Compliance
14-1-3(a)(2): Jurisdiction
14-1-3(a)(3): Certified Survey
14-1-3(a)(4): Building Permits
14-1-3(a)(5): Applicability to Condominiums
14-1-3(a)(6): Noise & Avigation Easement & Non-Suit
Covenant Requirement
14-1-3(b): Land Suitability
14-1-3(b)(1): Suitability
14-1-3(b)(2): Existing Flora
14-1-3(b)(3): Additional Considerations
14-1-3(c): Condominium Developments
14-1-3(c)(1): Limited Applicability
14-1-3(c)(2): Distinction from Other Development
14-1-3(c)(3): Development Impact
R
14-1-3(c)(4): Portions of Subdivision Code Applicable to
Condominium Developments
14-1-3(c)(5): Exceptions
14-1-4: Plat Review and Approval
14-1-4(a): Preliminary Consultation
14-1-4(b): Submission of Preliminary Plat
14-1-4(b)(1): Submission
14-1-4(b)(2): Public Improvements, Plans and
Specifications
14-1-4(b)(3): Property Owners Association; Restrictive
Covenants; Easements
14-1-4(b)(4): Affidavit
14-1-4(b)(5): Supplementary Data to be Filed with the
Preliminary Plat
14-1-4(b)(5)a: Use Statement
14-1-4(b)(5)b: Zoning Changes
14-1-4(b)(5)c: Area Plan
14-1-4(b)(6): Street Plans and Profiles
14-1-4(b)(7): Soil Testing
14-1-4(b)(8): Referral to Other Agencies
14-1-4(c): Preliminary Plat Review and Approval
14-1-4(c)(1): Plan Commission Recommendation
14-1-4(c)(1)a: Recommendation to Town Board
14-1-4(c)(1)b: Notice of Plan Commission Hearing
14-1-4(c)(2): Board Action
14-1-4(c)(3): Effect of Preliminary Plat Approval
14-1-4(c)(4): Preliminary Plat Amendment
14-1-4(d): Final Plat Review and Approval
14-1-4(d)(1): Filing Requirements
14-1-4(d)(1)a: Application for Approval
14-1-4(d)(1)b: Subdivider to Submit to Other
Agencies
14-1-4(d)(1)c: Conformance to Preliminary Plat
14-1-4(d)(1)d: Public Improvement Plans
14-1-4(d)(1)e: Review by Town Engineer
14-1-4(d)(2): Plan Commission Review
14-1-4(d)(2)a: Plan Commission Recommendation
14-1-4(d)(2)b: Time for Submission of Final Plat
14-1-4(d)(2)c: Time for Plan Commission Review
14-1-4(d)(3): Board Review and Approval
14-1-4(d)(3)a: Board Action on Final Plat
14-1-4(d)(3)b: Notice to Neighboring
Municipalities
14-1-4(d)(3)c: Deemed Approval Upon Failure to
Act
14-1-4(d)(3)d: Certification of Approved Plat
14-1-4(d)(3)e: Subdivider to file Copies
14-1-4(e): Administrative Fees
14-1-4(e)(1): General
14-1-4(e)(2): Engineering Fee
14-1-4(e)(3): Administrative Fee
14-1-4(e)(4): Concept Plan, Commercial Site Plan and
Preliminary Plat Review Fee
14-1-4(e)(4)a: Review Fees
14-1-4(e)(4)b: Reapplication Fee
14-1-4(e)(5): Final Plat Review Fee
14-1-4(e)(5)a: Review Fees
14-1-4(e)(5)b: Reapplication Fee
14-1-4(f): Replat
14-1-4(f)(1): Replat
14-1-4(f)(2): Public Hearing
14-1-4(f)(3): Resubdivision
14-1-5: Technical Requirement for Plats and Certified Surveys
14-1-5(a): Technical Requirements for Preliminary Plats
14-1-5(a)(1): General
14-1-5(a)(1)a: Title
14-1-5(a)(1)b: Location
14-1-5(a)(1)c: Date, Scale, North Point
14-1-5(a)(1)d: Names and Addresses
14-1-5(a)(1)e: Entire Area
14-1-5(a)(2): Plat Data
14-1-5(a)(2)a: Exact Length and Bearing
14-1-5(a)(2)b: Locations of Existing Property Lines
14-1-5(a)(2)c: Right-of-Way Width, Names Streets
14-1-5(a)(2)d: Location, Names of Adjacent
Subdivisions
14-1-5(a)(2)e: Type, Width, Elevation - Streets
14-1-5(a)(2)f: Location, Size, Invert Elevation Sewers
14-1-5(a)(2)g: Corporate Limit Lines
14-1-5(a)(2)h: Existing Zoning
14-1-5(a)(2)i: Contours
14-1-5(a)(2)j: High-Water Elevation
14-1-5(a)(2)k: Water Elevation
14-1-5(a)(2)l: Flood-and Shoreland Boundaries
14-1-5(a)(2)m: Soil Types
14-1-5(a)(2)n: Location, Results of Soil Boring
Tests
14-1-5(a)(2)o: Location, Results of Percolation
Tests
14-1-5(a)(2)p: Location, Width, Names: Proposed
Streets
14-1-5(a)(2)q: Lot Dimensions
14-1-5(a)(2)r: Location, Dimensions of Parks, etc.
14-1-5(a)(2)s: Curve Radii
14-1-5(a)(2)t: Proposed Lake, Stream Access
14-1-5(a)(2)u: Proposed Lake, Stream
Improvements
14-1-5(a)(2)v: Additional Information Requested
14-1-5(a)(3): Additional Information
14-1-5(b): Technical Requirements for Final Plats
14-1-6(b)(1): General
14-1-5(b)(2): Additional Information
14-1-5(b)(2)a: Length, Bearing - Streets
14-1-5(b)(2)b: Street Width
14-1-5(b)(2)c: Location, Description of Street
Lighting
14-1-5(b)(2)d: Railroad Rights-of-Way
14-1-5(b)(2)e: Land Reserved for Public Use
14-1-5(b)(2)f: Special Restrictions
14-1-5(b)(2)g: Maintenance Obligations
14-1-5(b)(3): Deed Restrictions
14-1-5(b)(4): Property Owners Association
14-1-5(b)(5): Survey Accuracy
14-1-5(b)(6): Surveying and Monumenting
14-1-5(c): Technical Requirements for Certified Survey Land Divisions,
Review and Approval
14-1-5(c)(1): Certified Survey Requirements
14-1-5(c)(2): Submission and Review
14-1-5(c)(3): Additional Information
14-1-5(c)(3)a: Existing Buildings, etc.
14-1-5(c)(3)b: Setbacks
14-1-5(c)(3)c: Lands Reserved for Future
Acquisition
14-1-5(c)(3)d: Date of map
14-1-5(c)(3)e: Graphic Scale
14-1-5(c)(3)f: Owner’s Name, Address
14-1-5(c)(3)g: Square Footage of Parcels
14-1-5(c)(3)h: Present Zoning
14-1-5(c)(3)i: Maintenance Obligations
14-1-5(c)(4): Certificates
14-1-5(c)(5): Street Dedication
14-1-6: Required Improvements
14-1-6(a): Improvements Required
14-1-6(a)(1): Payment for Improvements
14-1-6(a)(2): Special Assessment Financing
14-1-6(a)(2)a: Permits
14-1-6(a)(2)b: Zoning Compliance
14-1-6(a)(2)c: Repayment
14-1-6(a)(2)d: Easements
14-1-6(a)(2)e: Indemnification
14-1-6(a)(3): General Standards
14-1-6(b): Required Agreement Providing for Proper Installation of
Improvements
14-1-6(b)(1): Contract
14-1-6(b)(2): Financial Guarantees
14-1-6(b)(2)a: Performance Bond
14-1-6(b)(2)b: Installations Prior to Final Plat
14-1-6(b)(2)c: Time for Completion
14-1-6(b)(2)d: Town Inspection Cost
14-1-6(c): Required Construction Plans; Town Review; Inspections
14-1-6(c)(1)Engineering Reports; Construction Plans and
Specifications
14-1-6(c)(1)a: Street Plans, Profiles
14-1-6(c)(1)b: Sanitary Sewer Plans
14-1-6(c)(1)c: Storm Sewer & Open Channel Plans
14-1-6(c)(1)d: Water Main Plans
14-1-6(c)(1)e: Erosion & Sedimentation Control
Plans
14-1-6(c)(1)f: Planting Plans
14-1-6(c)(1)g: Green Space
14-1-6(c)(1)h: Drainage Plans
14-1-6(c)(1)i: Additional Plans
14-1-6(c)(2): Action by Town Engineer
14-1-6(c)(3): Construction and Inspection
14-1-6(c)(3)a: Start Authorization
14-1-6(c)(3)b: Time for Completion
14-1-6(c)(3)c: Town Inspections
14-1-6(c)(4): Record Plans
14-1-6(d): Street Improvements
14-1-6(d)(1): Street Construction Standards
14-1-6(d)(2): Grading
14-1-6(d)(2)a: Existing and Proposed Grades
14-1-6(d)(2)b: Approval by Town Board
14-1-6(d)(2)c: Subdivider to Grade
14-1-6(d)(2)d: Grading Existing Streets
14-1-6(d)(2)e: Roadbed Grading
14-1-6(d)(2)f: Town Engineer Approval
14-1-6(d)(3): Street Construction
14-1-6(d)(4): Completion of Street and Sidewalk Construction
14-1-6(d)(4)a: Construction Completion; Permits
14-1-6(d(4)b: Discretionary Waiver
14-1-6(d)(4)c: Requests for Waiver
14-1-6(e): Curb and Gutter
14-1-6(f): Sidewalks
14-1-6(f)(1): Repairs
14-1-6(f)(2): Obstructions; Snow and Ice
14-1-6(g): Sanitary Sewerage System
14-1-6(g)(1): Public Sewers May by Required
14-1-6(g)(2): Each Lot to be Served
14-1-6(g)(3): Areas Served by Public Sewer
14-1-6(g)(4): Private Sewerage Systems
14-1-6(g)(5): Subdivider Responsible for Costs
14-1-6(h): Water Supply Facilities (Municipal Water Service Area)
14-1-6(h)(1):Each Lot to be Served
14-1-6(h)(2): Public Water Service
14-1-6(i): Storm Water Drainage Facilities
14-1-6(j): Other Utilities
14-1-6(j)(1): General
14-1-6(j)(1)a: Physical Limitations
14-1-6(j)(1)b: Existing Facilities
14-1-6(j)(2): Approval by Town Board
14-1-6(k): Street Signs
14-1-6(l): Street Trees
14-1-6(l)(1): Planting Required
14-1-6(l)(2): Prohibited Trees
14-1-6(m): Erosion Control
14-1-6(n): Partition Fences
14-1-6(o): Easements
14-1-6(o)(1): Utility Easements
14-1-6(o)(2): Drainage Easements
14-1-6(o)(2)a: Easement
14-1-6(o)(2)b: Relocation
14-1-6(o)(2)c: Minimum Requirements
14-1-6(o)(3): Easement Locations
14-1-6(o)(4): Grade Markers
14-1-7: Design Standards
14-1-7(a): General Street Design Standards
14-1-7(a)(1): Compliance with Statutes
14-1-7(a)(2): Dedication
14-1-7(a)(3): Compliance with Comprehensive Plan
14-1-7(a)(4): Areas Not Covered by Plan
14-1-7(a)(5): Street Classification
14-1-7(a)(5)a: Arterial Streets
14-1-7(a)(5)b: Collector Streets
14-1-7(a)(5)c: Minor Streets
14-1-7(a)(6): Reserve Strips
14-1-7(a)(7): Alleys
14-1-7(a)(8): Continuation
14-1-7(a)(9): Minor Streets
14-1-7(a)(10): Number of Intersections
14-1-7(a)(11): Frontage Roads
14-1-7(a)(12): Private Streets
14-1-7(a)(13): Visibility
14-1-7(a)(14): Tangents
14-1-7(a)(15): Street Grades
14-1-7(a)(15)a: Maximum Grades
14-1-7(a)(15)b: General Guidelines
14-1-7(a)(16): Radii of Curvature
14-1-7(a)(16)a: Arterial Streets
14-1-7(a)(16)b: Collector Streets
14-1-7(a)(16)c: Minor Streets
14-1-7(a)(17): Half Streets
14-1-7(a)(18): Intersections
14-1-7(a)(18)a: Major Thoroughfares
14-1-7(a)(18)b: Right Angle Intersections
14-1-7(a)(18)c: Street Convergence
14-1-7(a)(19): Street Names
14-1-7(a)(20): Cul-de-Sacs
14-1-7(a)(20)a: Cul-de-sacs
14-1-7(a)(20)b: Temporary Dead-ends
14-1-7(a)(21): Limited Access Highway and Railroad
Right-of-Way Treatment
14-1-7(a)(21)a: Subdivision Lots
14-1-7(a)(21)b: Commercial and Industrial
Lots
14-1-7(a)(21)c: Streets Parallel to a Limited
Access Highway
14-1-7(a)(21)d: Minor Streets
14-1-7(b): Specifications for Preparation, Construction and Dedication of
Streets and Roads
14-1-7(b)(1): General Requirements
14-1-7(b)(1)a: Construction Standards
14-1-7(b)(1)b: Project Costs
14-1-7(b)(1)c: Preliminary Consultation
14-1-7(b)(1)d: Material Slips
14-1-7(b)(1)e: Required Inspections
14-1-7(b)(1)f: Tests of Materials
14-1-7(b)(1)g: Payment Samples
14-1-7(b)(1)h: Town Board Approval
14-1-7(b)(2): Construction Standards
Urban Cross Section (table)
Rural Cross Section (table)
14-1-7(b)(2)a: Roadway Grading: Ditches
14-1-7(b)(2)b: Roadway Base Thickness
14-1-7(b)(2)(b)(1): Residential,
Rural Roads
14-1-7(b)(2)(b)(2): Heavy-Use
Roads
14-1-7(b)(2)(b)(3): Supplemental
Specs
14-1-7(b)(2)(b)(4): Discretion
Reserved
14-1-7(b)(2)(b)(5:) Base Course
Compaction
14-1-7(b)(2)c: Pavement Width
14-1-7(b)(2)d: Pavement Thickness
14-1-7(b)(2)e: Shoulder Width
14-1-7(b)(2)f: Shoulder Thickness
14-1-7(b)(2)g: Roadway Culverts and Bridges
14-1-7(b)(2)h: Driveway Culverts
14-1-7(b)(2)i: Topsoil, Grass, Seed
14-1-7(b)(2)j: Extra Turn Surface
14-1-7(b)(2)k: Drainage Improvements
14-1-7(b)(2)l: Post-Construction Traffic Limited
14-1-7(b)(3): Statutory Requirements
14-1-7(b)(4): Final Inspection
14-1-7(c): Block Design Standards
14-1-7(c)(1): Length; Arrangement
14-1-7(d): Lot Design Standards
14-1-7(d)(1): Size
14-1-7(d)(1)a: Access
14-1-7(d)(1)b: Area and Dimensions
14-1-7(d)(1)(c): Area
14-1-7(d)(2): Depth
14-1-7(d)(3): Corner Lots
14-1-7(d)(4): Side Lots
14-1-7(d)(5): Double and Reversed Frontage Lots
14-1-7(d)(6): Natural Features
14-1-7(d)(7): Land Remnants
14-1-7(d)(8): Building Setback Lines
14-1-7(e): Drainage System
14-1-7(e)(1): Drainage System Required
14-1-7(e)(2): Drainage System Plans
14-1-7(e)(2)a: Submission of Plans; Contents
14-1-7(e)(3): Grading
14-1-7(e)(3)a: Full Width
14-1-7(e)(3)b: Block Grading
14-1-7(e)(4): Drainage System Requirements
14-1-7(e)(4)a: Street Drainage
14-1-7(e)(4)b: Off-Street Drainage
14-1-7(e)(5): Protection of Drainage Systems
14-1-7(f): Nonresidential Divisions of Land
14-1-7(f)(1): General
14-1-7(f)(1)a: Commercial/Industrial Land
Division
14-1-7(f)(1)b: Applicability of Subdivision Code
14-1-7(f)(1)c: Site Plan Review
14-1-7(f)(2): Standards
14-1-7(f)(2)a: Suitability of Site
14-1-7(f)(2)b: Street Adequacy
14-1-7(f)(2)c: Street Improvements
14-1-7(f)(2)d: Public Utilities
14-1-7(f)(2)e: Adjoining Land Uses
14-1-7(f)(2)f: Commercial Traffic
14-1-8: Park and Public Land Dedications
14-1-8(a): General Park and Public Land Dedication
14-1-8(a)(1): Dedication Requirement
14-1-8(a)(2): General Design
14-1-8(b): Land Dedication
14-1-8(b)(1): Dedication Calculation
14-1-8(b)(2): Shoreland
14-1-8(b)(2)a: Public Access
14-1-8(b)(2)b: Land Abutting Water’s Edge
14-1-8(b)(3): Unknown Number of Dwelling Units
14-1-8(b)(4): Deeded to the Town
14-1-8(b)(5): Access to Dedicated Land
14-1-8(b)(6): Utility Extensions
14-1-8(c): Reservation of Additional Land
14-1-8(d): Park Fund
14-1-8(d)(1): Method of Calculation
14-1-8(d)(1)a: Method of Calculation
14-1-8(d)(1)b: Alternate Method
14-1-8(d)(2): Park Fund
14-1-9: Variances; Penalties and Violations
14-1-9(a): Variations and Exceptions
14-1-9(a)(1): Variances
14-1-9(a)(2): Plan Commission Recommendation
14-1-9(a)(2)a: Standards
14-1-9(a)(2)b: Conditions
14-1-9(a)(2)c: Hardship
14-1-9(a)(3): Town Board Action
14-1-9(a)(4): Variance Standards
14-1-9(a)(5): Monument Waiver
14-1-9(b): Enforcement, Penalties and Remedies
14-1-9(b)(1): Violations
14-1-9(b)(2): Penalties
14-1-9(b)(3): Appeals
TITLE 15 - BUILDING CODE
Chapter 1 - Building Code
15-1-1:
Building Code Established
15-1-2:
Building Permits and Inspection
15-1-3:
State Uniform Dwelling Code Adopted
15-1-4:
Construction Standards; Codes Adopted
15-1-5:
Electrical Permits and Inspections
15-1-6:
Plumbing Permits and Inspections
15-1-7:
Occupancy Permits and Inspections
15-1-8:
New Methods and Materials
15-1-9:
Unsafe Buildings
15-1-10:
Disclaimer on Inspections
15-1-11:
Garages
15-1-12:
Regulation and Permit for Razing Buildings
15-1-13:
Basements; Excavations
15-1-14:
Regulations for Moving Buildings
15-1-15:
Fees
15-1-16:
Severability
15-1-17:
Penalties
Chapter 2 - Stormwater Managment; Land Disturbing Activity
15-2-1:
Stormwater Management
15-2-2:
Land Disturbing Activity
Chapter 3 - Fair Housing
15-3-1:
Purpose/Authority
15-3-2:
Definitions
15-3-3:
Prohibited Signs
15-3-4:
Exempted Signs
15-3-5:
Informational Signs
15-3-6:
Applicability
15-3-7:
Chapter 4 - Grievances Regarding Access to Public Buildings, Programs, Services
and Employment
15-4-1:
Grievance Procedures Regarding Access to Public
Chapter 5 - Site and Grading Plans
15-5-1:
15-5-2:
General Planning Requirements
15-5-3:
Review of Site and Grading Plans
15-5-4:
Violations
15-5-5:
Amendments
15-5-6:
Interpretation and Severability
15-5-7:
CODE OF ORDINANCES OF THE
TOWN OF FOND DU LAC
PREFACE
Democracy is a government of laws. Good democracy requires not only good laws, but laws
which are readily available in written form to all who are subject to them, to the public officials
and police officers who must administer them and to the judges and attorneys who must interpret
and apply them. It is for this reason that the Town Board of the Town of Fond du Lac has
adopted this Code of Ordinances. This Code represents the contribution of the Town Board to the
democratic and efficient administration of the government and affairs of the Town of Fond du
Lac.
TOWN OFFICERS
Chairperson
Harold Manske
Supervisors
LeRoy Schmitz; Phyllis Giese
Clerk
Patti S. Supple
Treasurer
Melvin Buechel
Town Attorney
John St. Peter
FOREWORD
The Town Board is pleased to adopt this Code of Ordinances for the Town of Fond du Lac,
Wisconsin. This codification is a complete revision and codification of all Ordinances of a
general and permanent nature of the Town. All amended Ordinances are brought up to date.
The Code also includes certain new Ordinances that were prepared to fill gaps not covered by
existing Ordinances.
The Code also includes several features that will facilitate its use. The various chapters and
articles follow one another in a natural, logical order. The table of contents, with a complete
outline of this order, will often provide sufficient reference points for the reader. In addition,
the reader may consult the alphabetical index at the end of the volume. At the beginning of
each chapter there is a section-by-section analysis of the articles within the chapter.
Nontextual provisions such as severability clauses, repeals and enacting clauses are omitted from
the text but are covered by Title 1 of the Code. In most instances, references to "this ordinance"
in the text of an ordinance have been changed to "this chapter" or "this article" as deemed
appropriate. Various editorial notes, state law references and amendment notes have been
included throughout the Code to clarify its provisions.
ADOPTING ORDINANCE
An Ordinance Adopting and Enacting a Code of Ordinances for the Town of Fond du Lac,
Wisconsin; Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included
Therein Except as Herein Expressly Provided; Providing for the Manner of Amending Such
Code of Ordinances; Providing a Penalty for the Violation Thereof; and Providing When This
Ordinance Shall Become Effective.
The Town Board of the Town of Fond du Lac, Fond du Lac County, Wisconsin, does ordain as
follows:
SECTION 1
The Code of Ordinances is hereby adopted and enacted as the "Code of Ordinances of the Town
of Fond du Lac, Wisconsin," and shall be treated and considered as a new and original
comprehensive Ordinance which shall supersede all other general and permanent Ordinances of
the Town passed on or before ________________________________________to the extent
provided in Section 2 hereof.
SECTION 2
All provisions of the Code shall be in full force and effect from and after
______________________, and all Ordinances of a general and permanent nature of the Town
of Fond du Lac, enacted on final passage on or before ___________________________, and not
included in such Code or recognized and continued in force by reference therein are hereby
repealed from the Code after _____________________, except as hereinafter provided. No
resolution of the Town, not specifically mentioned, is hereby repealed.
SECTION 3
(a) The repeal provided for in Section 2 hereof shall not affect the following, except that
amendments may be made as part of this codification:
(1) Any offense or act committed or done or any penalty or forfeiture incurred or any
contract or right established or accruing before the effective date of this Ordinance;
(2) Any Ordinance or resolution promising or guaranteeing the payment of money for the
Town, or authorizing the issuance of any bonds of the Town or any evidence of the
Town's indebtedness, or any contract or obligations assumed by the Town;
(3) The administrative Ordinances or resolutions of the Town not in conflict or inconsistent
with the provisions of the Code;
(4) Any Ordinance or resolution fixing salaries of officers or employees of the Town;
(5) Any appropriation Ordinance or resolution;
(6) Any right or franchise granted by the Town Board to any person, firm or corporation;
(7) Any Ordinance or resolution dedicating, naming, establishing, locating, relocating,
opening, closing, paving, widening, vacating, etc., any street or public way in the Town;
(8) Any Ordinance or resolution establishing the prescribing the street grades of any streets
in the Town;
(9) Any Ordinance or resolution providing for local improvements or assessing taxes
therefor;
(10) Any Ordinance or resolution dedicating or accepting any plat or subdivision in the
Town;
(11) Any Ordinance pertaining to zoning, except that certain amendments have been made as
part of this recodification.
(b) The repeal shall not be construed to revive any Ordinance or part of an Ordinance that has
been repealed by a subsequent Ordinance which is repealed by this Ordinance.
SECTION 4
A copy of the Code shall be kept on file in the office of the Town Clerk. The Clerk or the Clerk’s
designee shall keep the Code updated with all amendments, ordinances or resolutions of the
Town Board that affect the Code and shall remove or note the repeal from the Code all
provisions which may be repealed from time to time by the Town Board. A copy of the Code
shall be available for all persons desiring to examine it.
SECTION 5
All ordinances or parts in conflict herewith are, to the extent of such conflict, hereby repealed.
SECTION 6
This Ordinance shall become effective on
200_.
Passed, Approved and Adopted by the Town Board on this
200_, pursuant to Section 66.0103 Wis. Stats.
Attest:
day of
,
_____________________
Town Board Chairperson
_____________________
Town Clerk
OPEN MEETING LAW GUIDE
1. Wisconsin's Open Meeting Law provides that all meetings of governmental bodies shall
be open to all citizens at all times. Sec. 19.81(2), Wis. Stats.
2. Meetings of local governing bodies or their subunits must be held in places reasonably
accessible to the public.
3. Meetings are open to all members of the public except specifically provided otherwise by
law.
4. When members of a governmental body gather in sufficient numbers to compose a
quorum, that meeting is presumed to be convened for the purpose of conducting official
business. Such a meeting is in violation of the Open Meeting Law if proper notice was
not given and the meeting is not open to the public. Sec. 19.82(2), Wis. Stats.
5. The Open Meeting Law also applies when members of a governing body, or committee
thereof, engage in business of that body and when the number of members present is
potentially sufficient to determine the governing body's course of action regarding the
proposal discussed.
Public Notice
1. Who must receive notice. For any meeting, the presiding officer, or, his/her designee,
shall give notice to the official newspaper and to any other members of the news media
who have filed a written request to receive such notices, or if neither exists, in a manner
likely to give notice to the public. Notice must also be given as required by any other
state statutes.
2. Construction of notice. The notice for the meeting shall include:
a) The time, date and place of the meeting, and
b) The subject matter of the meeting, including subject matter to be considered in
closed session.
3. Time for notice. Notice must be given at least twenty-four (24) hours prior to the
commencement of the meeting unless for good cause such notice is impossible or
impractical, in which shorter notice may be given. In no case may notice be provided less
than two (2) hours in advance of the meeting. Sec. 19.84(3), Wis. Stats.
4. Committees and subunits exemption to notice requirement. A legally constituted
subunit of a parent government body may conduct a meeting during the recess of the
governing body's meeting or immediately after the lawful meeting to act or deliberate
upon a matter, which was the subject of that meeting. For this exemption to apply, the
presiding officer must publicly announce the time, place and subject matter of the
subunit's meeting in advance at the meeting of the governing body.
Procedure For Closed Sessions
1. Notice must be given if the presiding officer or his/her designee knows that a closed
session is being contemplated. Notice is required regardless of whether a majority of
members will or will not support going into closed session at the meeting. Sec. 19.84(2),
Wis. Stats.
2. After first meeting in open session, with proper notice, a motion made and supported by
majority vote is required to close, with the vote of each member recorded in the minutes.
Sec. 19.85(1), Wis. Stats.
3. If the motion to go into closed session is carried, the presiding officer shall announce to
those present at the meeting (to be recorded in the minutes) the nature of the business to
be considered in the closed session and the specific exemption(s) relied upon in sec.
19.85, Wis. Stats., under which the closed session is permitted.
4. Only matters contained in the presiding officer's announcement of the closed session may
be considered during the closed session.
5. An open session, with adequate notice, must precede a closed session, even where it was
decided at a prior open session to go into a closed session at a subsequent meeting.
6. A governmental body may vote to go into closed session at a properly convened open
session, for a permitted purpose, where specific notice of intent to consider going into
closed session was not included on the agenda at the time notice of the open session was
given. However, such procedure requires that the presiding officer or his/her designee did
not contemplate or have knowledge that any of the other members contemplated a closed
session at the time notice of the agenda was given.
Specific Exemptions Allowing Closed Sessions
1. Sec. 19.85(1)(a), Wis. Stats., creates an exemption for governmental bodies deliberating after
quasi-judicial trials or hearings. Boards of review cannot rely on this exemption because sec.
70.47(2m), Wis. Stats. requires all Board of Review meetings to be held in open session.
2. Sec. 19.85(1)(b), Wis. Stats., permits a closed session when a governmental body is
considering the demotion, dismissal, licensing, discipline or tenure of a public employee or a
person licensed by a board or commission. This exception permits preliminary discussion
and investigation without notice to the individual involved. However, before any evidentiary
hearing can be conducted or formal action taken, notice must be given to the person involved
so that he or she can exercise his or her right to request an open session for those purposes.
3. Sec. 19.85(1)(c), Wis. Stats., permits a closed session where the governmental body is
considering employment, promotion, compensation or performance evaluation of any public
employee. Governmental bodies should exercise caution when considering performance to
avoid discussing matters that are covered by sec. 19.85(1)(b), Wis. Stats.
4. Sec. 19.85(1)(d), Wis. Stats., permits the use of a closed session when applications for parole
or probation are being considered, or when crime detection or prevention strategy is to be
discussed.
5. Sec. 19.85(1)(e), Wis. Stats., permits a closed session for the purpose of deliberating or
negotiating the purchase of public properties, the investing of public funds, or the conducting
of other specified public business, as long as competitive or bargaining reasons require a
closed session. Under this exception, a governmental body may meet in closed session for the
purpose of forming negotiation strategies, although the body must give notice that an open
session will be held for the purpose of taking a vote to convene in closed session for the
purpose of discussing labor negotiation strategies.
6. Discussions by governmental bodies considering the financial, medical, social or personal
histories or disciplinary data of specific persons which, if conducted in public, would have a
"substantial adverse effect upon the reputation of any person referred to" may be held in
closed session under sec. 19.85(1)(f), Wis. Stats. However, this exemption is unavailable
where sec. 19.85(1)(b), Wis. Stats., is applicable.
7. Sec. 19.85(1)(g), Wis. Stats., allows a governmental body to confer with its legal counsel in
closed session for the purpose of obtaining oral or written advice concerning strategy to be
adopted by the body with respect to present and prospective litigation directly involving the
governmental body.
8. Closed sessions may be utilized by governmental bodies to consider requests for confidential
written advice from ethics boards under sec. 19.85(1)(h), Wis. Stats.
Limitations on Closed Sessions
1. Under sec. 19.85(2), Wis. Stats., a governmental body may not reconvene in open session
within twelve (12) hours after a closed session un1ess public notice of the subsequent open
session was given at the same time and in the same manner as was required for the original
open session.
2. Final ratification or approval of a collective bargaining agreement is required to be in open
session under Sec. 19.85(3), Wis. Stats. However, a governmental body can vote to
preliminarily approve bargaining proposals in closed session in order to reach a consensus, as
long as final ratification occurs in open session.
Ballots, Votes and Records
1. Unless provided elsewhere by statute, no secret ballot may be utilized by a governmental
body to determine any election or decision, except the election of the officers of the body.
This narrow exception does not permit the use of secret ballots to elect members of
committees, officers of the governmental units such as department heads, or fill vacancies on
the body itself.
2. Any member may require the ascertainment and recording of each vote.
3. Records of motions and roll call votes must be preserved and open for public inspection.
Use of Equipment in Meetings
1. A governmental unit must make a reasonable effort to accommodate the media's equipment.
2. Any person may record, film or photograph a meeting in open session, provided that the use
of this equipment does not interfere with the conduct of the meeting.
3. A member of a governmental body does not have the right to tape record a closed session of
the board.
CODE OF GENERAL ORDINANCES
Key to Section Numbering
Title Chapter Section
Example: 1-1-1
TITLE l
General Provisions
Chapter 1
Chapter 2
Use and Construction
Use of Citation
CHAPTER 1
Use and Construction
1-1-1
1-1-2
1-1-3
1-1-4
1-1-5
1-1-6
1-1-7
Title of Code; Citation
Principles of Construction
Conflict of Provisions
Separability of Provisions
Effective Date of Ordinances
General Penalty
Clerk to Maintain Copies of Documents Incorporated by Reference
SEC. 1-1-1
TITLE OF CODE: CITATION.
These collected Ordinances shall be known and referred to as the "Code of Ordinances, Town of
Fond du Lac, Fond du Lac County, Wisconsin." References to the Code of Ordinances, Town of
Fond du Lac, Wisconsin, shall be cited as follows: "Sec. 2-1-1, Code of Ordinances, Town of
Fond du Lac, Wisconsin."
SEC. 1-1-2
PRINCIPLES OF CONSTRUCTION.
The following rules or meanings shall be applied in the construction and interpretation of
Ordinances codified in this Code of Ordinances unless such application would be clearly
inconsistent with the plain meaning or intent of the Ordinances:
a) Acts by agents. When an Ordinance requires an act be done by a person which may be
legally performed by an authorized agent of that principal person, the requirement shall be
construed to include all acts performed by such agents.
b) Code and Code of Ordinances. The words "Code," "Code of Ordinances" and "Municipal
Code" when used in any Section of this Code shall refer to this Code of Ordinances of the
Town of Fond du Lac unless the context of the Section clearly indicates otherwise.
c) Computation of time. In computing any period of time prescribed or allowed by these
Ordinances, the day of the act or event from which the period of time begins to run shall not
be included, but the last day of the period shall be included, unless it is a Saturday, a Sunday
or a legal holiday. If the period of time prescribed or allowed is less than seven (7) days
Saturdays, Sundays and legal holidays shall be excluded in the computation. As used in this
Section, "legal holiday" means any statewide legal holiday specified by state statute.
d) Fine. The term "fine" shall be the equivalent of the word "forfeiture," and vice versa.
e) Gender. Every word in these Ordinances referring to gender shall be gender neutral.
f) General rule. All words and phrases shall be construed according to their plain meaning in
common usage. However, words or phrases with a technical or special meaning shall be
understood and construed according to that technical or special meaning if such is the intent
of the Ordinances.
g) Person. The word "person" shall mean any of the following entities: natural persons,
corporations, partnerships, associations, bodies politic or any other entity of any kind which
is capable of being sued.
h) Repeal. When any Ordinance having the effect of repealing a prior Ordinance is itself
repealed, such repeal shall not be construed to revive the prior Ordinance or any part thereof,
unless expressly so provided.
g) Singular and plural. Every word in these Ordinances referring to the singular number only
shall also be construed to apply to several persons or things, and every word in these
Ordinances referred to the plural number shall also be construed to apply to one (1) person or
thing.
h) Tense. The use of any verb in the present tense shall not preclude the interpretation of the
verb in the future tense where appropriate.
i) Town. The term "Town" shall mean the Town of Fond du Lac, Fond du Lac County,
Wisconsin.
j) Wisconsin Statutes. The term "Wisconsin Statutes" and its abbreviation as "Wis. Stats."
shall mean, in these Ordinances, the Wisconsin Statutes for the year 2001-02, as amended.
k) Wisconsin Administrative Code. The term "Wisconsin Administrative Code" and its
abbreviation as "Wis. Adm. Code" shall mean the Wisconsin Administrative Code as of the
adoption of this Code, as amended or renumbered from time to time.
State Law Reference: Legal Holidays, Section 895.20, Wis. Stats.
SEC. 1-1-3
CONFLICT OF PROVISIONS.
a) If the provisions of different Chapters conflict with each other, the provisions of each
individual Chapter shall control all issues arising out of the events and persons intended to be
governed by that Chapter.
b) If the provisions of different Sections of the same Chapter conflict with each other, the
provision which is more specific in its application to the events or persons raising the conflict
shall control over the more general provision.
SEC. 1-1-4
SEPARABILITY OF PROVISIONS.
If any provision of this Code of Ordinances is for any reason held to be; invalid or
unconstitutional by reason of any decision of any court of competent jurisdiction, such decision
shall not affect the validity of any other provisions of these Ordinances.
SEC. 1-1-5
EFFECTIVE DATE OF ORDINANCES.
a) Code. The Code of Ordinances, Town of Fond du Lac, Fond du Lac County Wisconsin, shall
take effect as provided by state statute.
b) Subsequent Ordinances. All Ordinances passed by the Town Board subsequent to the
adoption of the Code of Ordinances, except when otherwise specifically provided, shall take
effect from and after their publication or legal posting.
State Law Reference: Code of Ordinances, Section 66.0103, Wis. Stats.
SEC. 1-1-6
GENERAL PENALTY.
a) General Penalty. Except where a penalty is provided elsewhere in this Code of Ordinances,
any person who shall violate any of the provisions of this Code shall, upon conviction of
such violation, be subject to a penalty, which shall be as follows:
1) First Offense: Penalty. Any person who violates any provision of this Code shall,
upon conviction thereof, forfeit not less than Fifty Dollars ($50.00) nor more than
One Thousand Dollars ($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, but not
exceeding ninety (90) days.
2) Second Offense: Penalty. Any person found guilty of violating any Ordinance or
part of an Ordinance of this Code who shall previously have been convicted of a
violation of the same Ordinance within one (1) year shall, upon conviction
thereof, forfeit not less than One Hundred Dollars ($100.00) nor more than Two
Thousand Dollars ($2,000.00) for each such offense, together with costs of
prosecution and, in default of payment of such forfeiture and costs, shall be
imprisoned in the County jail until such forfeiture and costs of prosecution are
paid, but not exceeding six (6) months.
b) Continued Violations. Each violation and each day a violation continues or occurs shall
constitute a separate offense. Nothing in this Code shall preclude the Town from maintaining
any appropriate action to prevent or remove a violation of any provision of this Code.
1) Other Remedies. The Town shall have any and all other remedies afforded by the
Wisconsin Statutes in addition to the forfeitures and costs of prosecution above.
2) Court Authority to Impose Alternative Juvenile Dispositions and Sanctions.
1. For a juvenile adjudged to have violated an ordinance, a court is authorized to
impose any of the dispositions listed in Sec. 938.343 and 938.344, Wis. Stats.
2. For a juvenile adjudged to have violated an ordinance who violates a
condition of a dispositional order of the court under Sec. 938.343 or 938.344,
Wis. Stats., a court is authorized to impose any of the sanctions listed in Sec.
938.355(6)(d), Wis. Stats., in accordance with the provisions of those statutes.
3. This Section is enacted under the authority of Sec. 938. 17(2)(cm), Wis. Stats.
SEC. 1-1-7
CLERK TO MAINTAIN COPIES OF DOCUMENTS INCORPORATED
BY REFERENCE.
Whenever any standard code, rule, regulation, statute or other written or printed matter is
adopted by reference, it shall be deemed incorporated in this Code as if fully set forth herein, and
the Town Clerk shall maintain in his/her office a copy of any such material as adopted and as
amended from time to time. Materials on file at the Town Clerk’s office shall be considered
public records open to reasonable examination by any person during the office hours of the
Town Clerk subject to such restrictions on examination as the Clerk imposes for the preservation
of the material.
CHAPTER 2
Use of Citation
1-2-1
1-2-2
1-2-3
1-2-4
1-2-5
1-2-6
1-2-7
Method of Enforcement
Information Contained in Citation
Form of Citation
Schedule of Deposits
Issuance of Citations
Procedure
Nonexclusivity
SEC. 1-2-1
METHOD OF ENFORCEMENT.
The Town of Fond du Lac hereby elects to use the citation method of enforcement of ordinances.
All Town law enforcement officers and other Town personnel charged with the responsibility of
enforcing the provisions of this Code of Ordinances are hereby authorized pursuant to Sec.
66.119(1)(a), Wis. Stats., to issue citations for violations of this Code of Ordinances, including
ordinances for which a statutory counterpart exists.
SEC. 1-2-2
INFORMATION CONTAINED IN CITATION.
The citation shall contain the following:
a)
b)
c)
d)
e)
The name and address of the alleged violator.
Factual allegations describing the alleged violation.
The time and place of the offense.
The Section of the Ordinance and/or state statute violated.
A designation of the offense in such manner as can readily be understood by a person making
a reasonable effort to do so.
f) The time at which the alleged violator may appear in court.
g) A statement which, in essence, informs the alleged violator:
1) That a cash deposit based on the schedule established by this Chapter may be made
which shall be delivered or mailed to the Town Clerk prior to the time of the scheduled
court appearance.
2) That, if a deposit is made, no appearance in court is necessary unless he/she is
subsequently summoned.
3) That, if a cash deposit is made and the alleged violator does not appear in court, he/she
will be deemed to have entered a plea of no contest, or, if the court does not accept the
plea of no contest, a summons will be issued commanding him/her to appear in court to
answer the complaint.
4) 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.
h) 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
Subsection (g) above has been read. Such statement shall be sent or brought with the cash
deposit.
i) Such other information as the Town deems necessary.
SEC. 1-2-3
FORM OF CITATION.
The form of the citation to be issued by law enforcement officers or other designated Town
officials is incorporated hereby by reference and shall provide for the following information:
a)
b)
c)
d)
e)
The name and address of the alleged violator;
The factual allegations describing the alleged violation;
The date and place of the offense;
The Section of the Ordinance violated;
A designation of the offense in such manner as can be readily understood by a person making
a reasonable effort to do so;
f) The time at which the alleged violator may appear in court;
g) A statement which, in essence, informs the alleged violator:
1) That the alleged violator may make a cash deposit of a specified amount to be mailed to a
specific official within a specified time;
2) That, if the alleged violator make such a deposit, he/she need not appear in court unless
subsequently summoned;
3) That, if the alleged violator makes a cash deposit and does not appear in court, he will be
deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty
assessment imposed by Section 165.87, Wis. Stats., and court costs as imposed by
Section 800.10, Wis. Stats., not to exceed the amount of the deposit or will be summoned
into court to answer the complaint if the court does not accept the plea of no contest;
4) That, if the alleged violator does not make a cash deposit and does not appear in court at
the time specified, an action may be commenced against the alleged violator to collect the
forfeiture and the penalty assessment imposed by Section 165.87, Wis. Stats.
h) A direction that, if the alleged violator elects to make a cash deposit, the alleged violator
shall sign an appropriate statement which accompanies the citation to indicate that he/she
read the statement required under Subsection (g) and shall send the signed statement with the
cash deposit;
i) Such other information as may be deemed necessary.
SEC. 1-2-6 PROCEDURE
.
Section 66.0113 (3) Wis. Stats., relating to violator's options and procedure on default is hereby
adopted and incorporated herein by reference.
SEC. 1-2-7
NONEXCLUSIVITY.
a) Other Ordinance. Adoption of this Chapter does not preclude the Town Board from adopting
any other ordinance or providing for the enforcement of any other law or ordinance,
including, but not limited to, summons and complaint, relating to the same or other matter.
b) Other Remedies. The issuance of a citation hereunder shall not preclude the Town or any
authorized officer from proceeding under any other ordinance or law or by any other
enforcement method to enforce any ordinance, regulation or order.
TITLE 2
Government and Administration
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
General Provisions and Elections
Town Meetings
Town Board
Town Officers and Employees
Commissions and Boards
Ethical Standards
CHAPTER 1
General Provisions and Elections
2-1-1
2-1-2
2-1-3
2-1-4
2-1-5
2-1-6
Legal Status; General Town Powers
Village Powers
Voter Registration
Polling Place
Election Poll Hours; Workers; Wards
Official Newspaper
SEC. 2-1-1
LEGAL STATUS; GENERAL TOWN POWERS.
a) The Town of Fond du Lac, Fond du Lac County, Wisconsin is a body corporate and politic,
with those powers granted by law. The Town shall be designated in all actions and
proceedings by its name, as the Town of Fond du Lac.
b) The Town may:
1) Sue and be sued.
2) Acquire and hold real and personal property for public use and convey and dispose of the
property.
3) Enter into contracts necessary for the exercise of its corporate powers.
State Law Reference: Section 60.01, Wis. Stats.
SEC. 2-1-2
VILLAGE POWERS.
The Town Meeting having, by resolution adopted at an annual meeting directed the Town Board
to exercise all powers relating to villages and conferred on village boards by Chapter 61, Wis.
Stats., the Town of Fond du Lac shall have said powers through its Board. This is a continuing
grant of powers.
State Law Reference: Sections 60.10(2)(c), 60.22(3) and Ch. 61, Wis. Stats.
SEC. 2-1-3
VOTER REGISTRATION.
a) Pursuant to the provisions of Sec. 6.27(2) of the Wisconsin Statutes, the Town elects that
registration shall be required for all primaries and elections in the Town.
b) The Town Clerk of the Town of Fond du Lac shall forthwith certify this action to the County
Clerk and to the Secretary of State.
SEC. 2-1-4
POLLING PLACE.
The polling place serving all wards in the Town shall be the Fond du Lac Town Hall.
State Law Reference: Section 5.25(2), Wis. Stats.
SEC. 2-1-5
ELECTION POLL HOURS; WORKERS.
a) Poll Hours. The voting polls in the Town shall be open from 8:00 a.m. to 8:00 p.m. for all
elections.
b) Number of Election Officials.
1) The Town Clerk shall be authorized to employ election officials (poll workers and
tabulators) for each election sufficient to conduct said election effectively, the minimum
number of election officials necessary at anyone time for any one (1) election being three
(3). It is further authorized that two (2) sets of election officials may be used at different
times at any one (1) election with the total number of election officials working at one
time to be an odd number.
2) The Town Clerk shall have the power to limit or reduce the number of election officials.
The Town Clerk shall determine in advance of each election whether the number of
election officials for such election should be reduced from the number prescribed by the
Wisconsin Statutes, and if such a reduction is so determined, the Town Clerk shall further
redistribute duties among the remaining officials.
c) Tabulators. The Town Clerk may deem necessary from time to time to select and employ
tabulators for certain elections due to the high projected voter turnout. Tabulators shall assist
and be under the direction of the election officials after the close of the polls. The Town
Clerk shall select and employ tabulators, if needed, for any election.
d) Wards.
1) Wards have been established in the Town for election purposes. However, there are
various elections where Town electors from more than one (1) ward vote for offices that
are identical to those in other wards, and the Town Board has determined that tabulating
vote totals by ward requires more time by election officials and occasionally require more
inspectors to work at elections. Thus, the Town Board has determined that there is no
administrative advantage to having vote totals by ward when voting for common offices.
2) For the reasons stated above, the Town Board has determined that wards will be
combined for vote reporting purposes for those wards voting for common office(s).
State Law Reference: Section 7.30(1) and (3), Wis. Stats.
SEC. 2-1-6
OFFICIAL NEWSPAPER.
The Town shall use posting pursuant to the Wisconsin Statutes as its means of giving notice.
When publication is required by the Wisconsin Statutes or when directed by the Town Board as a
substitute to posting, the official newspaper of the Town shall be The Reporter.
CHAPTER 2
Town Meetings
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2-2-2
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2-2-7
Town Meeting Definitions
Powers of Town Meeting
Annual Town Meeting
Special Town Meetings
Presiding Officer at Town Meetings
Procedure at all Town Meetings
Clerk of Town Meetings
SEC. 2-2-1
TOWN MEETING DEFINITONS.
In this Code of Ordinances:
a) "Annual Town Meeting" means the Town meeting held under Sec. 60.11, Wis. Stats.
b) "Special Town Meeting" means a Town meeting, other than the annual Town meeting, held
under Sec. 60.12, Wis. Stats.
c) "Town Meeting" means the annual Town meeting or a special Town meeting.
State Law Reference: Section 60.001,Wis. Stats.
SEC. 2-2-2
POWERS OF TOWN MEETING.
a) Direct Powers. Town Meeting may:
1) Raise money. Raise money, including levying taxes, to pay for expenses of the Town,
unless the authority has been delegated to the Town Board under Subsection (b)( 1)
below.
2) Town offices and officers.
a) Fix the compensation of elective Town offices under Sec. 60.32, Wis. Stats., unless
the authority has been delegated to the Town Board under Subsection (b)(1) below.
b) Combine the offices of Town Clerk and Town Treasurer under Sec. 60.305(1), Wis.
Stats.
c) Combine the offices of Town Assessor and Town Clerk under Sec. 60.305(2), Wis.
Stats.
d) Establish or abolish the office of Town Constable and establish the number of
constables. Abolition of the office is effective at the end of the term of the person
serving in the office.
e) Designate the office of Town Clerk, Town Treasurer or the combined office of Clerk
and Treasurer as part time under Sec. 60.305(1)(b), Wis. Stats.
3. Election of town officers.
a) Adopt a plan under Sec. 5.60(6), Wis. Stats., to elect Town Board Supervisors to
numbered seats.
b) Provide under Sec. 8.05(1)(a), Wis. Stats., for the nomination of candidates for
elective Town offices.
4. Public Waterways. Appropriate money for the improvement and maintenance of a public
waterway under Sec. 81.05, Wis. Stats.
5. Cemeteries. Authorize the acquisition and conveyance of cemeteries under Sec.
157.50(1) and (3), Wis. Stats.
6. Administrator agreements. Approve agreements to employ an Administrator for more
than three (3) years under Sec. 60.37(3)(d), Wis. Stats.
b) Directives or Grants of Authority to Town Board. Except as provided under Subsection
(c), directives or grants of authority to the Town Board under this Subsection may be general
and continuing or may be limited as to purpose, effect or duration. Resolutions adopted by a
Town Meeting directing or authorizing the Town Board to exercise one of the optional
powers of this Subsection shall include language that makes the intent of those attending the
Town Meeting clear. A resolution adopted under this Subsection shall specify whether the
directive or grant is general and continuing or whether it is limited as to purpose, effect or
duration. A resolution that is continuing remains in effect until rescinded at a subsequent
Town Meeting by a number of electors equal to or greater than the number of electors who
voted for the original resolution. This Subsection does not limit any authority otherwise
conferred on the Town Board by law. By resolution, the Town Meeting may:
1) Raise money. Authorize the Town Board to raise money, including levying taxes, to
pay for expenses of the Town.
2) Membership of Town Board in Populous towns. If the Town has a population of
2,500 or more, direct the Town Board to increase the membership of the Board under
3) Exercise of Village Powers. Authorize the Town Board to exercise powers of a
Village Board under Sec. 60.22(3), Wis. Stats. A resolution adopted under this
paragraph is general and continuing.
4) General obligation bonds. Authorize the Town Board to issue general obligation
bonds in the manner and for the purposes provided by law.
5) Purchase of land. Authorize the Town Board to purchase any land within the Town
for present or anticipated Town purposes.
6) Town buildings. Authorize the Town Board to purchase, lease or construct buildings
for the use of the Town, to combine for this purpose the Town's funds with those of a
society or corporation doing business or located in the Town and to accept
contributions of money, labor or space for this purpose.
7) Disposal of property. Authorize the Town Board to dispose of Town property, real or
personal, other than property donated to and required to be held by the Town for a
special purpose.
8) Watershed protection and soil and water conservation. Authorize the Town Board to
engage in watershed protection, soil conservation or water conservation activities
beneficial to the Town.
9) Appointed assessors. Authorize the Town Board to select Assessors by appointment
under Sec. 60.307(2), Wis. Stats.
10) Compensation of elective Town offices. Authorize the Town Board to fix the
compensation of elective Town offices under Sec. 60.32(1)(b), Wis. Stats.
c) Authorization to Town Board to Appropriate Money. The Town Meeting may authorize
the Town Board to appropriate money in the next annual budget for:
1) Conservation of natural resources. The conservation of natural resources by the Town
or by a bona fide nonprofit organization under Sec. 60.23(6), Wis. Stats.
2) Civic functions. Civic and other functions under Sec. 60.23(3), Wis. Stats.
3) Insects. weeds and animal diseases. The control of insect pests, weeds or plant or
animal diseases within the Town.
4) Rural numbering systems. Posting signs and otherwise cooperating with the county in
establishment of a rural numbering system under Sec. 59.54(4m), Wis. Stats.
5) Cemetery improvements. The improvement of a Town cemetery under Sec. 157.50(5),
Wis. Stats.
SEC. 2-2-3
ANNUAL TOWN MEETING.
a) Requirement. The Town shall hold an annual Town Meeting as provided in this Section.
b) When Held.
1) Except as provided in Subsection (b)(2) below, the annual Town Meeting shall be held on
the second (2nd) Tuesday of April.
2) The annual Town Meeting may set a date different than provided under Subsection (b)(1)
above for the next annual Town Meeting if the date is within ten (10) days after the
second (2nd) Tuesday of April.
c) Where Held.
1) The annual Town Meeting may be held in the Town or in any village or city within or
adjoining the Town of Fond du Lac.
2) The annual Town Meeting shall be held at the location of the last annual Town Meeting
unless the location is changed by the Town Board. If the Town Board changes the
location, it shall publish a Class 2 notice under Ch. 985, Wis. Stats., not more than twenty
(20) nor less than fifteen (15) days before the date of the meeting, stating the location of
the meeting.
d) Adjournment. The annual Town Meeting may be recessed to a time and date certain if the
resumed meeting is held within thirty (30) days after the date of the meeting originally
scheduled under Subsection (b). Business not acted on at the Annual Meeting, or within the
thirty (30) days allowed for adjourning and reconvening the Meeting, shall be left to the next
Annual Meeting or taken up by a special Town Meeting convened under Sec. 60.12, Wis.
Stats.
e) Notice. No public notice of the annual Town Meeting is required if held as provided under
Subsection (b)(1). If held as provided under Subsection (b)(2), notice of the time and date of
the meeting shall be given under sec. 60.12(3), Wis. Stats.
f) Jurisdiction. The annual Town Meeting may transact any business over which the Town
Meeting has jurisdiction.
g) Poll List. The annual Town Meeting may require the Clerk of the Town Meeting to keep a
poll list with the name and address of every elector voting at the meeting.
SEC. 2-2-4
SPECIAL TOWN MEETINGS.
a) Who May Convene. A special Town Meeting may be convened if:
1) Called by a Town Meeting.
2) A written request, signed by a number of electors equal to not less than ten percent (10%)
of the votes cast in the Town for Governor at the last general election, is filed with the
Town Clerk.
3) Called by the Town Board.
b) Time, Date and Purpose to be Stated. If a special Town Meeting is requested or called
under Subsection (a), the time, date and purpose of the meeting shall be stated in the request
or as part of the call.
c) Notice. The Town Clerk shall, not more than twenty (20) nor less than fifteen (15) days
before the date of a special Town Meeting, publish a Class 2 notice of the meeting under Ch.
985, Wis. Stats. The notice shall state the purpose, date, time and location of the meeting. If
notice is posted instead of published, the same time and content requirements apply.
d) Location.
1) A special Town Meeting may be held in the Town or in any village or city within or
adjoining the Town.
2) A special Town Meeting shall be held at the same location where the preceding annual
town meeting was held, unless the location is changed by the Town Board.
e) Adjournment. A special Town Meeting may be recessed to a time and date certain if the
resumed meeting is held within thirty (30) days after the date of the originally scheduled
meeting.
f) Jurisdiction. Any business which may be transacted at an annual Town meeting may be
transacted at a special Town Meeting.
SEC. 2-2-5
PRESIDING OFFICER AT TOWN MEETINGS.
a) Who Presides.
1) If present, the Town Board Chairperson shall chair the Town Meeting, as defined in Sec.
2-1-1. If the Town Board Chairperson is absent, another Town Board Supervisor shall
chair the Town Meeting. If no Town Board Supervisor is present, the Town Meeting shall
elect the chairperson of the meeting.
2) If the annual Town Meeting is held in a year when the office of Town Board Chairperson
is filled by election, the person holding the office on the day prior to the date of the
election to fill the office shall preside at the annual Town Meeting and is entitled to
receive the per diem which is ordinarily paid to the presiding officer. If such person is
absent or refuses to serve as the presiding officer, the presiding officer shall be chosen
under Subsection (a)(1) above.
b)
Duties. The Town Meeting chairperson shall conduct the Meeting's proceedings in
accordance with accepted parliamentary procedure.
c) Enforcement Authority. The Town Meeting chairperson shall maintain order and decorum
and may order any person to leave the Town Meeting if the person has conducted himself or
herself in a disorderly manner and persisted in such conduct after being directed by the
chairperson to cease the conduct. If the person refuses the chairperson's order to withdraw,
the Town Meeting chairperson may order a constable or other law enforcement officer to
take the person into custody until the meeting is adjourned.
SEC. 2-2-6
PROCEDURE AT ALL TOWN MEETINGS.
a) Qualified Voters. Any qualified elector of the Town, as defined under Ch. 6, Wis. Stats.,
may vote at a Town Meeting.
b) Definition. A qualified elector, as defined under Ch. 6, Wis. Stats., means an individual who
is a U.S. citizen, eighteen (18) years of age or older, and who has been a resident of the Town
for at least ten (10) days on the date a Town Meeting is held.
c) Method of Action; Necessary Votes. All actions of a Town Meeting shall be by vote. All
questions shall be decided by a majority of the electors voting.
d) Order of Business. At the beginning of the Town Meeting, the Town Meeting chairperson
shall state the business to be transacted and the order in which the business will be
considered. No proposal to levy a tax, except a tax for defraying necessary Town expenses,
may be acted on out of the order stated by the Town Meeting chairperson.
e) Reconsideration of Actions.
1) No reconsideration of any vote shall be had at any Town Meeting unless it be taken by a
majority vote within one (1) hour from the time such vote shall have been passed, or if
taken later than one (1) hour, unless it be sustained by a number of votes equal to a
majority of all the names entered on the poll list at such election up to the time the motion
therefor shall be made. All other questions upon motions at a Town Meeting shall be
determined by a majority of the electors voting.
2) No action of a Town meeting may be reconsidered at a subsequent Town Meeting held
prior to the next Annual Town Meeting unless a special Town Meeting is convened under
Sec. 60.12(1)(b) or (c), Wis. Stats., and the written request or the call for the meeting
states that a purpose of the meeting is reconsideration of the action.
SEC. 2-2-7
CLERK OF TOWN MEETINGS.
The Town Clerk shall serve as clerk of the Town meeting. If the Town Clerk is absent, the
Deputy Town Clerk, if the Town has one, shall serve as Town Meeting clerk. If the Deputy Clerk
is absent, the Town meeting chairperson shall appoint a clerk of the meeting. The Clerk of the
Town Meeting shall keep a poll list if required by the Annual Town meeting under Sec. 60.11(7),
Wis. Stats. The Town Meeting minutes shall be signed by the Clerk of the Town Meeting and
filed in the Officer of the Town Clerk within five (5) days after the Meeting.
CHAPTER 3
Town Board
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2-3-7
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Town Board; Elections to
General Powers and Duties of the Town Board
Miscellaneous Powers of the Town Board
Powers and Duties of Town Board Chairperson
Internal Powers of the Board
Meetings of the Town Board
Special Meetings of the Board
Open Meetings
Quorum
Presiding Officer; Absence of Chairperson or Clerk
Order of Business
Introduction of Business, Resolutions and Ordinances;
Disposition of Communications
Conduct of Deliberations
Procedure at Public Hearings
Motions; Voting
Reconsideration of Questions
Publication or Posting of Ordinances and Resolutions
Amendment of Rules
Suspension of Rules
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2-3-16
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2-3-19
SEC. 2-3-1
TOWN BOARD; ELECTIONS TO.
a) Membership. The Town Board consists of two (2) Supervisors of the Town and the
Chairperson.
b) Elections.
1)
There shall be elected one (1) Supervisor from the Town at large who shall be
designated as the “Chairperson” and whose term shall be for a period of two (2)
years.
2)
Biennially in odd-numbered years, at the annual spring election, there shall be
elected three (3) members to the Fond du Lac Town Board, one (1) of whom shall be
designated on the ballots as Chairperson and the other two (2) elected as Supervisors,
designated Supervisor 1 and Supervisor 2 respectively.
SEC. 2-3-2
GENERAL POWERS AND DUTIES OF THE TOWN BOARD.
The Town Board has the specific authority, powers and duties pursuant to Sections 60.10, 60.20,
60.22 and 60.23, Wis. Stats., and has, with authorization of the Town Meeting, additional
statutory authority, powers and duties to manage and direct certain affairs of the Town. In
addition, the Town Board has additional general and specific statutory authority, powers and
duties established beyond Chapter 60, Wis. Stats., and as prescribed by this Code of Ordinances.
a) Charge of Town Affairs. The Town Board shall have charge of all affairs of the Town not
committed by law to another body or officer or to Town employee(s).
b) Charge of Actions. The Town Board has charge of any action or legal proceeding to which
the Town is a party.
c) Village Powers. As authorized under Sec. 60.10(2)(c), Wis. Stats., and Sec. 2-1-2 of this
Code, the Town Board shall exercise powers relating to villages and conferred on village
boards under Ch. 61, Wis. Stats., except those powers which conflict with statutes relating to
towns and town boards.
d) Jurisdiction of Constable. Pursuant to Wisconsin Statutes, the Town Board shall determine
the jurisdiction and duties of the Town Constable.
e) Pursue Certain Claims of Town. The Town Board shall demand payment of penalties and
forfeitures recoverable by the Town and damages incurred by the Town due to breach of
official bond, injury to property or other injury. If payment is not made after demand, the
Board shall pursue appropriate legal action to recover the penalty, forfeiture or damages.
State Law Reference: Sections 60.10(2)(c) and 60.22, Wis. Stats.
SEC. 2-3-3
MISCELLANEOUS POWERS OF THE TOWN BOARD.
The Town Board may:
a) Joint Participation. Cooperate with the state, counties and other units of government under
Sec. 66.30, Wis. Stats., including cooperative arrangements involving the acquisition,
development, remodeling, construction, equipping, operation and maintenance of land,
buildings and facilities for regional projects, whether or not located in the Town.
b) Utility Districts. Establish utility districts under Sec. 66.0827, Wis. Stats., and provide that
any convenience or public improvement in the district be paid for under that Section. A
utility district may be used when special services such as, but not limited to, street lighting,
sidewalks, sewers, water systems, etc., are to be installed in a particular area of the Town
only.
c) Appropriations for Civic and Other Functions. If authorized under Sec.
60.10(3)(b), Wis. Stats., appropriate reasonable amounts of money for gifts or
donations to be used to:
1) Further civic functions and agricultural societies.
2) Advertise the attractions, advantages and natural resources of the Town.
3) Attract industry.
4) Establish industrial complexes.
5) Establish, maintain and repair ecological areas.
6) Provide for the organization, equipment and maintenance of a municipal band or for the
employment of other bands to give concerts and municipal entertainment in the Town.
7) Construct or otherwise acquire, equip, furnish, operate and maintain, with the County, a
county-town auditorium. The provisions of Sec. 66.0925 shall apply, except those that
conflict with statutes relating to towns and town boards.
d) Town Industrial Development Agency. In order to promote and develop the resources of
the Town, the Town Board may appropriate money for and create a Town industrial
development agency or appoint an executive officer and provide staff and facilities for a
nonprofit organization organized to act under this Subsection. A Town industrial
development agency created under this Subsection and Sec. 60.23(4), Wis. Stats., may:
1) Develop data regarding the industrial needs of, advantages of and sites in the Town.
2) Engage in promotional activities to acquaint prospective purchasers with industrial
products manufactured in the Town.
3) Coordinate its activities with the Regional Planning Commission, the Wisconsin
Department of Development and private credit development organizations.
4) Engage in any other activity necessary for the continued improvement of the Town’s
industrial climate.
e) Cooperation in County Planning. Cooperate with the County in rural planning under ss.
27.019, 59.54 (4) and (4m) and 59.69, Wis. Stats.
f) Conservation of Natural Resources. If authorized by the Town Meeting under Sec.
60.10(3)(a), Wis. Stats., appropriate money for the conservation of natural resources or for
payment to a bona fide nonprofit organization for the conservation of natural resources
within the Town or beneficial to the Town. No payment may be made to a nonprofit
organization unless the organization submits and the Town Board approves a detailed plan of
the work to be done. The plan shall include the name of the owner of any property on which
work is to be performed.
g) Emergency Pest and Disease Control. Appropriate money for the control of insects, weeds
or plant or animal diseases if:
1)
An emergency arises within the Town due to insects, weeds or plant or animal
diseases; and
2)
The Board determines that any delay resulting from calling a special Town Meeting
to authorize the Town Board to appropriate money for this purpose under Sec.
60.10(3)(c), Wis. Stats., would result in serious harm to the general welfare of the
Town.
h) Bowling Alleys, Pool Tables and Amusement Devices. Regulate, including the licensing
of, bowling alleys, billiard and pool tables and other amusement devices maintained in
commercial facilities. If a license is required, the Board shall establish the term of the license,
not to exceed one (1) year, and the license fee. The Board may suspend or revoke, for cause,
a license issued under this Subsection. Any person violating a regulation adopted under this
Subsection shall forfeit to the Town an amount established by the Board.
i) Reimbursement of School Districts for Providing Transportation in Hazardous Areas.
Reimburse a school district for costs incurred by the district under sec. 121.54(9), Wis. Stats.,
in transporting pupils who reside in the Town.
j) Exchange Tax Credit for County Land. Authorize the Town Treasurer to exchange any
credit the Town has with the County, arising from delinquent real estate taxes, for County
owned lands.
k) Associations of Towns. Appropriate money to purchase membership in any association of
town boards, town officials or town government for the protection of Town interests and
improvement of Town government.
l) Vacation of Alleys. Vacate any alley in the Town under Sec. 66.1003 Wis. Stats.
The Town Board may not vacate, under this Subsection, an alley adjacent to land
fronting a state or county trunk highway.
m) Cemeteries. Provide for cemeteries under Ch. 157, Wis. Stats.
n) Change Street Names. Name, or change the name of, any street in the Town under Sec.
81.01(11), Wis. Stats.
o) Fences in Subdivisions. Require a subdivider to construct a fence under Sec.90.02, Wis.
Stats., on the boundary of a subdivision, as defined under sec.236.02(8), Wis. Stats., as a
condition of plat approval by the Town. The fence shall be maintained under Sec. 90.05(2),
Wis. Stats., and repaired under ss. 90.10 and 90.11.
p) Disposition of Dead Animals. Notwithstanding ss. 59.54(21) and 95.50(3), Wis. Stats.,
dispose of any dead animal within the Town or contract for the removal and disposition with
any private disposal facility. The Town may enter into a contract with any other
governmental unit under Sec. 66.0301 to provide for the removal and disposition. The Town
may recover its costs under this Subsection by levying a special assessment under Sec.
66.0627, Wis. Stats.
q) Other Powers under Section 60.23, Wis Stats. Exercise any other powers authorized by
Section 60.23, Wis. Stats., regardless of whether they are specifically enumerated herein.
SEC. 2-3-4
POWERS AND DUTIES OF TOWN BOARD CHAIRPERSON.
a) General Powers and Duties. The Town Board Chairperson shall:
1) Preside at Board meetings. Preside over meetings of the Town Board.
2) Preside at Town meetings. Preside over Town meetings as provided under Sec. 60.13,
Wis. Stats., and Sec. 2-2-5 of this Code.
3) Sign documents.
a)
Sign all ordinances, resolutions, bylaws, orders, regulations, commissions,
licenses and permits adopted or authorized by the Town Board unless the Town
Board, by ordinance, authorizes another officer to sign specific types of
documents in lieu of the Chairperson. The Board, by ordinance, may authorize
use of a facsimile signature.
b) Sign all drafts, order checks and transfer orders as provided under Sec.
66.0607,Wis. Stats.
4) Assure administration of Statutes. Supervise the administration of the Wisconsin Statutes
relating to the Town and Town operations to see that they are faithfully executed.
5) Act on behalf of Board. Act, on behalf of the Town Board, to:
a)
See that Town orders and Ordinances are obeyed.
b) See that peace and order are maintained in the Town.
c)
Obtain necessary assistance, if available, in case of emergency, except as
provided under Ch. 166. Wis. Stats.
6) Act on authorization of Board. If authorized by the Town Board, act on behalf of the
Board to:
a)
Direct, as appropriate, the solicitation of bids and quotations for the Town’s
purchase of equipment, materials and services and submit the bids and
quotations to the Town Board for approval. Although the Town Board may
direct the Chairperson to solicit bids and quotations, the final decision as to
which bid to accept or the decision to enter into a contract shall be made by the
entire Board.
b) Represent, or designate another officer to represent, the Town at meetings of,
and hearings before, governmental bodies on matters affecting the Town. .
b) Administer Oaths. The Chairperson may administer oaths and affidavits on all matters
pertaining to the affairs of the Town.
c) Other Responsibilities. In addition to the powers and duties under this Section, the
Chairperson has the following responsibilities:
1)
Nominate election officials when the Town Board disapproves the nominee of a
party committee under Sec. 7.30(4)Wis. Stats. And the names of additional nominees
are not available.
2)
Serve as caucus official under Sec. 8.05(1)(c), Wis. Stats.
3)
Sue on official bonds under Sec. 19.015, Wis. Stats.
4)
Execute and sign a certificate of indebtedness in connection with obtaining a state
trust fund loan under Sec. 24.67, Wis. Stats.
5)
Serve as Town fire warden under ss. 26.13 and 26.14, Wis. Stats.
6)
Appoint members of library boards under ss. 43.54(1)(a) and 43.60(3), Wis. Stats.
7)
Exercise the powers and duties specified for a mayor under Sec. 62.13, Wis. Stats., if
the Town creates a joint board of police and fire commissioners or joint police or fire
department with a village under Sec. 61.65(3g)(d)2, Wis. Stats., or a board of police
and fire commissioners under Sec. 60.57, Wis. Stats.
8)
Provide an annual estimate of funds necessary for any utility district established
under Sec. 66.0827(2), Wis. Stats.
9)
Publish annually a notice regarding noxious weeds and appoint one (1) or more
commissioners of noxious weeds under Sec. 66.0517, Wis. Stats.
10)
Sign general obligation bonds issued by the Town under Sec. 67.08(1), Wis. Stats.
11) If authorized by the Town Board, represent the interests of the Town in connection
with appearances before the State Tax Appeals Commission under Sec. 70.64(5),
Wis. Stats.
12)
Approve the bond of the Town Clerk delivered to the County Treasurer under Sec.
70.67(1), Wis. Stats.
13) Perform duties in connection with selection of jurors in actions relating to the taking
of property to provide access to a cemetery, fairground or land used for industrial
expositions under Sec. 80.48(3) and (4), Wis. Stats.
14)
Sign orders for payment of work performed and materials furnished on Town
highways under Sec. 81.04, Wis. Stats.
15)
See that all tunnels in the Town are constructed under Sec. 81.35, Wis. Stats., and
that they are kept in good repair.
16)
If applicable, serve as a member of the County Highway Committee under Sec.
83.015(1)(d), Wis. Stats.
17)
If applicable, close county trunk highways when rendered dangerous for travel and
notify the Highway Commissioner under Sec. 80.09, Wis. Stats.
18)
If applicable, appoint members to Airport commissions under Sec. 114.14(2), Wis.
Stats.
19)
Under Sec. 167.10 (8), Wis. Stats., enforce regulation of fireworks under Sec.
167.10, Wis. Stats.
20)
Perform the Town Chairperson’s duties related to stray animals and lost goods under
Ch. 170, Wis. Stats.
21)
Perform the Town Chairperson’s duties related to distrained animals under Ch. 172,
Wis. Stats.
22)
Perform the Town Chairperson’s duties related to animals that have caused damage
in the Town under Ch. 172, Wis. Stats.
23)
If applicable, perform the Town Chairperson’s duties related to municipal power and
water districts under Ch. 198, Wis. Stats.
24)
If applicable, cause actions to be commenced for recover of forfeitures for violations
of Town Ordinances that can be recovered in municipal court under Sec. 778.11,
Wis. Stats.
25)
If applicable, notify the district attorney of forfeitures which may not be recovered in
municipal court under Sec. 778.12, Wis. Stats.
26)
Approve bonds furnished by contractors for public works under Sec. 779.14(1m),
Wis. Stats.
SEC. 2-3-5
INTERNAL POWERS OF THE BOARD.
The Town Board has power to preserve order at its meetings, compel attendance of Supervisors
and punish nonattendance.
SEC. 2-3-6
MEETINGS OF THE TOWN BOARD.
Regular meetings of the Town Board will be held at the Town Hall at 7:00 p.m. on the second
Monday of each month, or as otherwise determined by the Board. Any regular meeting of the
Board falling upon a legal holiday shall be held on the day designated by the Board. Any
meeting of the Board, including any special or adjourned meetings that are not held at the Town
Hall but at any other substitute location, shall be designated by the Town Chairperson or his or
her designee, in compliance with the open meeting law, by posting a proper written notice of the
substituted location at the three (3) usual and customary posting locations likely to give notice.
This notice shall be given least twenty-four (24) hours prior to the meeting of the Board, unless
in an emergency wherein the proper notice posting shall occur at least two (2) hours prior to the
meeting of the Board.
SEC. 2-3-7
SPECIAL MEETINGS OF THE BOARD.
a) Any special meeting of the Town Board may be called by the Chairperson or two (2)
members of the Board. The call for the special meeting must be in writing and filed with the
Town Clerk at least twenty-four (24) hours prior to the time specified in the written call for
the meeting.
b) No special meeting of the Town Board shall be held unless the notice requirement of the
State Open Meeting Law, pursuant to Sec. 19.82, Wis. Stats., has been complied with by the
person or persons requesting the meeting.
c) The Town Clerk, upon receipt of the written call for the special meeting of the Town Board,
shall immediately notify each member of the Town Board by delivering the written notice or
by having the written notice delivered personally to each member of the Town Board. If any
member of the Town Board cannot be personally notified in writing, then the Town Clerk
shall deliver or have delivered a copy of the written notice at the home of any such member
of the Town Board in the presence of an adult member of the family of the Town Board
member. If any member of the Town Board cannot be noticed in writing through an adult
family member as noted above, then the Town Clerk shall post such special meeting written
notice in the above noted three (3) usual and customary locations.
d) The Town Clerk shall file proof of service of such special meeting notice by filing an
affidavit noting the time, place and location of authorized service of the special meeting
notice upon the Town Board. If personal service upon any member of the Town Board was
not completed, then the Town Clerk shall state in the affidavit the type of service or written
notice completed.
e) Special meetings of the Town Board may be held without such service and notice when all
members of the Town Board are present in person or consent in writing to holding of any
special meeting of the Town Board. Any consent by any member of the Town Board shall be
filed by the Town Clerk prior to the beginning of any special meeting of the Town Board.
f) Special meetings of the Town Board attended by a quorum of the members shall be
considered a regular meeting of the Town Board for the transaction of any Town business
that may come before the Board if such regular business was so noted in the written notice to
the public as required by the State Open Meeting Law, Sec. 19.82, Wis. Stats.
SEC. 2-3-8
OPEN MEETINGS.
All Town Board and official Town committee and commission meetings shall be open to the
public and be in compliance with Wisconsin’s Open Meeting Law.
State Law Reference: Ch. 19, Subch. IV, Wis. Stats.
SEC. 2-3-9
QUORUM.
A majority of the Board shall constitute a quorum, but a lesser number may adjourn if
a majority is not present. The Chairperson shall be counted in determining whether a
quorum exists. If no legal quorum is present at the time of the initial roll call, the
meeting of the Board shall be adjourned by the members of the
Board present to a specific date and hour.
SEC. 2-3-10 PRESIDING OFFICER; ABSENCE OF CHAIRPERSON OR
CLERK
a) Chairperson to Preside. The Chairperson shall preside at all meetings of the Board when
present.
b) Absence of Chairperson at Call to Order of Meeting.
1)
If the Chairperson is not present at the time for the call to order, the senior member
of the Town Board present, based on date of original election as a member of the
Board, shall call the meeting of the Board to order, call the initial roll call and shall
preside until the Chairperson is able to preside at the meeting of the Board.
2)
If the Chairperson will not be able, at anytime, to preside at the meeting, the Board
shall make this determination after the initial roll call and then by motion elect an
acting Chairperson for the meeting of the Board until the Chairperson is able to
preside at the meeting.
c) Absence of Town Clerk at Meeting. If the Clerk is not present at the time of the initial roll
call of the meeting of the Board, the Chairperson shall appoint the Deputy Clerk or any other
person present at the meeting to be the Town Clerk pro tem. The Clerk pro tem shall prepare
and maintain minutes of the meeting of the Board. The Clerk pro tem shall deliver these
minutes to the Town Clerk after the end of the meeting of the Board or when the Clerk pro
tem is replaced during the meeting of the Board by the Town Clerk.
SEC. 2-3-11 ORDER OF BUSINESS.
a) Order of Business. At all meetings, the following order may be observed in
conducting the business of the Board:
1) Call to Order by presiding officer;
2) Roll call;
3) Reading and correcting the financial report and the minutes of the last preceding meeting
or meetings;
4) Reports from officials of the Town;
5) Reports from committees;
6) Unfinished business remaining from preceding sessions in the order in which it was
introduced;
7) New business; ordinances and resolutions may be introduced and considered;
8) Business as may be presented by the Chairperson and Supervisors;
9) Presentation of petitions, memorials, remonstrances, and communications;
10) Miscellaneous;
11) Adjournment.
b) Agenda Preparation.
1) The Town Clerk shall prepare an agenda incorporating the matters comprising the order
of business; and
2) The agenda shall include a time for hearing citizens who wish to address the Board; and
3) No matter requiring research, investigation or decision shall be placed on the agenda
unless a request to do so is made to the Town Clerk at least five (5) business days prior to
the meeting, (except in emergency situations as determined by the Chairperson or Clerk),
nor shall the agenda be amended to include said matter unless the members of the Board
unanimously agree to the addition.
c) Order to be Followed; Citizen Comments.
1) Any member of the Board may take up any business on the agenda in an order other than
as described in the agenda unless there is an objection by any other member of the Board.
2) a. At meetings of the Board no person other than the members of the Board shall address
the Board or any member of the Board. This provision shall not apply to:
1.
2.
3.
4.
5.
6.
7.
The Town Clerk.
The Town Treasurer.
The Town Constable.
Any member of the Town Board.
The Town Engineer or Town Attorney.
The Town Planning Director.
The Town Fire Chief.
b. This provision also not apply under the specific orders of business established to
recognize residents of the Town or other persons, under the specific order of business to
recognize members of any Town office, Town committee, Town agency, Town
commission or a special board or other Town officers, or if a person has specifically
requested the right to address the Town Board and has the approval of the presiding
officer.
c. The Chairperson or presiding officer may impose a time limit on the length of time
citizens may address the Board, following the guidelines in Section 2-3-14.
d) Roll Call; Procedure When Quorum Not in Attendance. As soon as the Board is called to
order, the Clerk shall proceed to call the names of the members, noting who are present and
who are absent and record the same in the proceedings of the Board. If it shall appear that
there is not a quorum present, the fact shall be entered in the minutes and the Board may
adjourn.
SEC. 2-3-12 INTRODUCTION OF BUSINESS, RESOLUTIONS AND ORDINANCES;
DISPOSITION OF COMMUNICATIONS.
a) Ordinances to be in Writing. All ordinances submitted to the Board shall be in writing and
shall include at the outset a brief statement of the subject matter and a title. All written
material introduced shall be read and then discussed and acted upon as the Board deems
appropriate.
b) Subject and Numbering of Ordinances. Each Ordinance shall be related to no more than
one (1) subject. Amendment or repeal of Ordinances shall only be accomplished if the
amending or repealing Ordinance contains the number and title of the Ordinance to be
amended or repealed, and title of amending and repealing Ordinances shall reflect their
purpose to amend or repeal.
c) Notice.
1) The Town Board may take action on an Ordinance only if it appears on the written agenda
for the meeting at which action is requested in order to provide proper legal notice.
2) Ordinances will be placed on the agenda for Board action only if they are submitted to the
Town Clerk in written form a minimum of five (5) days prior to the meeting at which
action is requested (except in emergency situations as determined by the Chairperson or
Town Clerk).
d) Disposition of Petitions, Communication, Etc. Every petition or other writing of any kind,
addressed to the Board, Clerk or other Town officer for reference to the Board, shall be
delivered by the Clerk or such other Town officer to the Chairperson or to the presiding
officer of the Board as soon as convenient after receipt of same and, in any event, prior to or
at the opening of the next meeting of the Board following the receipt of same.
SEC. 2-3-13 CONDUCT OF DELIBERATIONS.
a) A roll call shall not be necessary on any questions or motions except as follows:
1) When the ayes and nays are requested by any member.
2) On confirmation and on the adoption of any measure assessing or levying taxes,
appropriations or disbursing money, or creating any liability or charge against the Town
or any fund thereof.
3) When required by State Statutes.
b) All aye and nay votes shall be recorded in the official minutes.
c) Except as provided below, the Board shall, in all other respects, determine the rules of its
procedure, which shall be governed by Robert’s Rules of Order, which is hereby
incorporated by reference, unless otherwise provided by Ordinance or Statute, except when
otherwise limited or modified by this Code of Ordinances.
1) No Supervisor shall address the Board until he/she has been recognized by the presiding
officer. The Supervisor shall thereupon address himself/herself to the Chairperson and
confine his/her remarks to the question under discussion and avoid all personalities.
2) When two (2) or more members simultaneously seek recognition, the presiding officer
shall name the member who is to speak first.
SEC. 2-3-14 PROCEDURE AT PUBLIC HEARINGS.
a) The Chairperson shall call on those persons who wish to speak for the proposition. Each
person wishing to speak for the proposition shall give his or her name and address.
b) Each person speaking on behalf of the proposition shall be limited in time to five (5) minutes.
c) The Chairperson shall then call on those persons who wish to oppose the proposition.
d) Each such person wish to speak in opposition to the proposition shall give his or her name
and address and shall also be limited to five (5) minutes.
e) Any person wishing to speak in rebuttal to any statements made may, with the permission of
the Chairperson, do so, provided, however, such rebuttal statement shall be limited to three
(3) minutes by any one (1) individual.
f) When the Chairperson in his discretion is satisfied that the proposition has been heard, he/she
shall announce the fact that the hearing is concluded.
SEC. 2-3-15
MOTIONS; VOTING.
a) Motions Stated. Prior to any debate on a matter, the members of the Board shall be entitled
to a clear understanding of the motion before the Board. The person making the motion shall
clearly state the motion. There shall be a second to any motion prior to any debate or
discussion of the motion. Motions made in writing by a member of the Board and provided to
the Town Clerk prior to the meeting shall be provided priority in the appropriate order of
business. The Chairperson may, if felt necessary, restate the motion prior to any debate and
discussion. Any member of the Board may, prior to a vote on the motion, request that the
motion and any amendments adopted to the motion be reduced to writing and submitted in
writing to the members of the Board prior to the final vote on the matter.
b) Change of Vote. No member of the Board may change his or her vote on any action item,
business item, motion or question after the final result has been announced.
c) Motions With Preference. During any meeting of the Board certain motions will have
preference. In order of precedence they are:
1) Motion to Adjourn. This motion can be made at any time and has first precedence. This is
a nondebatable motion.
2) Motion to Lay on the Table. This motion may be made when the subject matter
appropriate for tabling is to be debated or discussed. This is a nondebatable motion.
3) Motion to Call Previous Question. This motion may be made at any time after the debate
or discussion commences related to an action item, business item, motion or question that
is properly before the Board. This motion is a nondebatable motion. This motion, if
adopted, ends the debate and discussion at the meeting on the action item, business item,
motion or question. The motion, if adopted, brings the Board to a direct vote with the first
vote on any amendments, if any, and then to the main action item, business item, motion
or question.
4) Motion to Postpone to a Date Certain. This motion may be made at any time after the
debate and discussion commences on an action item, business item, motion or question
that is properly before the Board. This motion is debatable. This motion, if adopted, ends
the debate and discussion at the meeting on the action item, business item, motion or
question. This motion must establish a date and time certain when the debate and
discussion before the Board will continue. The date and time established must be on a
date and time for a regularly scheduled or special meeting of the Board.
5) Motion to a Committee. This motion may be made at any time after the debate and
discussion commences on an action item, business item, motion or question that is
properly before the Board. The motion is debatable. This motion, if adopted, ends the
debate and discussion at the meeting on the action item, business item, motion or
question. This motion, if adopted, forwards the action item, business item, motion or
question to a committee for further review and discussion. The committee must be a
committee of the Town Board.
6) Motion to Amend or Divide the Question. This motion may be made at any time after
debate and discussion commences on the action item, business item, motion or question
properly before the Board. The motion is debatable. This motion, if adopted, divides the
main action item, main business item, main motion or main question pursuant to the
method described and adopted in the motion to divide.
7) Motion to Postpone Indefinitely. This motion may be made at any time after debate and
discussion commences on the action item, business item, motion or question properly
before the Board. This motion is debatable. This motion, if adopted, ends the debate and
discussion at the meeting on the action item, business item, motion or question.
8) Motion to Introduce a Matter Related to the Action Item. Business Item, Motion or
Question. This motion may be made at any time after the debate and discussion
commences on the action item, business item, motion or question properly before the
Board. This motion is debatable. This motion, if adopted, expands or adds to the debate
and discussion new items related to the main action item, main business item, main
motion or main question pursuant to the method described and approved in the motion to
introduce a matter related.
d) Public Directory Votes. No member of the Board shall request, at a meeting of the Board, a
vote from the general public unless the proposed vote of the general public is so noted by the
Chairperson or the presiding officer of the meeting as strictly an advisory vote to the Board.
Any vote taken by the general public at a meeting of the Board shall be considered by this
Board only as an advisory vote and shall not be considered as a directory vote. Directory
votes to require certain actions to be taken by the Board may occur at an annual or special
Town meeting.
SEC. 2-3-16 RECONSIDERATION OF QUESTIONS.
Any member who was in the majority may move for the reconsideration of any vote in question
at the same meeting or at the next succeeding regular adjourned meeting. A motion to reconsider
that was put and lost shall not be renewed.
SEC. 2-3-17 PUBLICATION OR POSTING OF ORDINANCES AND RESOLUTIONS.
a) General Requirement. The Town Clerk shall publish as a Class 1 notice under Ch. 985, Wis.
Stats., or post in at least three (3) places in the Town likely to give notice to the public, the
following, within thirty (30) days after passage or adoption:
1) Resolutions, motions and other actions adopted by the Town meeting, or in the exercise
of powers, under Sec. 60.10, Wis. Stats.
2) Ordinances adopted by the Town Board.
3) Resolutions of general application adopted by the Town Board and having the effect of
law.
b) Requirement for Forfeitures. If an ordinance imposes a forfeiture, posting may not be used in
lieu of publication under Subsection (a).
c) Effective Upon Publication. An ordinance, resolution, motion or other action required to be
published or posted under this Section shall take effect the day after its publication or
posting, or at a later date if expressly provided in the ordinance, resolution, motion or action.
d) Affidavit of Posting. If an ordinance, resolution, motion or other action is posted under this
Section, the Clerk shall sign an affidavit attesting that the item was posted as required by this
Section and stating the date and place of posting. The affidavit shall be filed with other
records under the jurisdiction of the Clerk.
SEC. 2-3-18
AMENDMENT OF RULES.
The rules of this Chapter shall not be rescinded or amended unless the proposed ordinance
amendment or motion to rescind has laid over from a regular meeting, and then it shall require a
vote of two-third (2/3) of all the members of the Board.
SEC. 2-3-19 SUSPENSION OF RULES.
Any of the provisions of Sections 2-3-13 through 2-3-16, inclusive, of this Code may be
suspended temporarily by a majority of the Board members present at any meeting.
CHAPTER 4
Town Officers and Employees
2-4-1
2-4-2
2-4-3
2-4-4
2-4-5
2-4-6
2-4-7
2-4-8
2-4-9
2-4-10
2-4-11
2-4-12
2-4-13
2-4-14
2-4-15
2-4-16
2-4-17
2-4-18
2-4-19
Election of Town Officers; General Provisions
Temporary Vacancies
Compensation of Elective Town Offices
Reimbursement of Expenses
Compensation When Acting in More Than One Official Capacity
Town Clerk
Town Treasurer
Assessor
Building Inspector/Permit Issuer
Weed Commissioner
Town Attorney
Town Engineer
Town Constable
Town Auditor/Accountant
Town Employees
Custody of Official Property
Eligibility for Office/Incompatibility of Office
Form of Official Oath
SEC. 2-4-1
ELECTION OF TOWN OFFICERS; GENERAL PROVISIONS.
a) Elected Town Officers. At the annual spring election., the Town shall, in odd-numbered
years, elect a Chairperson and two (2) Supervisors. The following officers of the Town of
shall be chosen at the annual Town election in odd-numbered years for terms of two (2) years
commencing on the first Tuesday of April in the year of their election:
1) A Town Clerk.
2) A Town Treasurer.
b) Restrictions.
1) Only an elector of the Town may hold a Town office, other than an Assessor appointed
under Sec. 60.307, Wis. Stats., if the Town elects to change the office of Assessor to an
appointed position.
2) No person may hold the offices of Town Treasurer and Town Assessor at the same time.
No person may assume the office of Town Assessor unless certified by the Department of
Revenue, under Sec. 73.09, as qualified to perform the functions of the office of Town
Assessor. If the Town reverts to a system of electing instead of appointing the Assessor
and a person is elected to the office and is not certified by June 1 of the year elected, the
office is vacant and the Town Board shall fill the vacancy from a list of persons certified
by the Department of Revenue.
c) Notice of Election. Within five (5) days after completion of the canvass under Sec. 7.53,
Wis. Stats., the Town Clerk shall transmit a notice of election to each person elected to a
Town office.
d) Term of Office.
1) Every elected Town officer shall hold the office for two (2) years.
2) The regular term of elected Town officers, other than the Town Assessor, if elected,
commenced on the second (2nd) Tuesday of April in the year of their election.
SEC. 2-4-2 TEMPORARY VACANCIES.
a) If any elected Town officer, other than a Supervisor, is absent or temporarily incapacitated
for any cause, the Town Board may appoint, if there is no deputy officer for the office, a
suitable person to discharge the duties of the office until the officer returns or the disability is
removed, except that the appointment procedures of this subsection apply to a Supervisor if
he or she is absent because of entry into the U.S. armed forces. Appointees shall file the
official oath and bond required under Sec. 60.31, Wis. Stats.
b) Vacancies on the Town Board shall be filled by appointment by the remaining Supervisors
and the Town Clerk, except as provided in Sec. 9.10, Wis. Stats. and except when the
vacancy is caused by removal by the Circuit Judge as provided by law, which latter vacancy
shall be filled by appointment by the said Judge. Persons appointed under this Subsection to
fill vacancies shall hold office for the residue of the unexpired term.
c) If any elected Town officer, other than a Supervisor, refuses to perform any official duty, the
Town Board may appoint a suitable person to perform those duties which the officer refuses
to perform. An appointee shall file the official oath and bond required of the office under
Sec. 60.31, Wis. Stats. This paragraph does not preclude a finding that refusal to perform
official duties constitutes cause under Sec. 17.13(3), Wis. Stats.
State Law Reference: Ss. 17.25 and 60.30(5), Wis. Stats.
SEC. 2-4-3 OFFICIAL OATH AND BOND.
a) Official Oath. Except as provided in Subsection (c), every elected or appointed Town officer
shall take and file the oath under Sec. 19.01, Wis. Stats., within five (5) days after
notification of election or appointment.
b) Official Bond. The Town Clerk, Town Treasurer and elected Assessor, if applicable, shall
execute and file an official bond provided by the Town. No natural person may be a surety on
a bond under this Subsection. The bond may be furnished by a surety company under Sec.
632.17(2), Wis. Stats. The amount of the bond shall be fixed by the Town Board. If the
amount of the bond is not fixed by the Board, the amount shall be the same as that required
of the last incumbent of the office. If the Board at any time determines that the bond is
insufficient, it may require an additional bond to be filed within ten (10) days in an amount
fixed by the Board. If the Board establishes Deputy Clerk or Treasurer positions, such
persons shall be bonded.
c) Exceptions. If the Town reverts to a system of electing an Assessor and/or creates a
Municipal Court:
1) An elected Assessor shall take and file the official oath and bond at any time between
May 27 to May 31.
2) The Municipal Judges shall take and file the official oath and bond under Sec. 755.03,
Wis. Stats.
d) Failure to File Oath or Bond. If any person elected or appointed to a Town office fails to
file a required official oath or bond within the time prescribed by law, the failure to file
constitutes refusal to serve in office.
Section 2-4-19.
Cross-Reference:
SEC. 2-4-4
COMPENSATION OF ELECTIVE TOWN OFFICES.
a) Established by Town Meeting or Board.
1) Except as provided under Subsection (2) below, the Town meeting shall establish the
compensation of elective town offices.
2) If authorized by the Town meeting under Sec. 60.10(2)(k), Wis. Stats., the Town board
shall establish the compensation of elective Town offices, other than the office of
Supervisor or Chairperson.
b) Nature of Compensation. Compensation under this Section may be:
1) Annual salary.
2) A per diem compensation for each meeting necessarily devoted to the service of the
Town and the discharge of duties. Board members or Town officials shall be the Town’s
authorized representative at a meeting or be attending an authorized convention/training
session to be eligible for per diem compensation.
3) A combination of the above.
c) Changes During Term. Subject to Subsection (d), the Town meeting or, if authorized to
establish compensation, the Town Board may make a change in the compensation of an
elective Town office to take effect during the term of office.
d) When Established. Compensation under this Section shall be established prior to the latest
date and time for filing nomination papers for the office. After that date and time, no change
may be made in the compensation of the office that applies to the current term of office.
SEC. 2-4-5 REIMBURSEMENT OF EXPENSES.
a) Generally. The Town Board may provide for reimbursement of expenses necessarily
incurred by any office or employee of the Town in the performance of official Town duties.
The Board may determine who is eligible for expense reimbursement, which expenses are
reimbursable and the amount of reimbursement. Expenses reimbursable under this Section
include, but are not limited to:
1) Traveling expenses, including mileage, lodging and meal expenses.
2) Costs associated with programs of instruction related to the officer’s or employee’s office
or employment.
c) Manuals. The Town Board may purchase handbooks and manuals that will materially assist
Town officials and employees in the performance of official duties.
SEC. 2-4-6 COMPENSATION WHEN ACTING IN MORE THAN ONE OFFICIAL
CAPACITY.
Except for offices combined under Sec. 60.305, Wis. Stats., the Town may not compensate a
Town officer for acting in more than one (1) official capacity or office of the Town at the same
time.
State Law Reference: Ss. 60.323 and 946.13, Wis. Stats.
SEC. 2-4-7 TOWN CLERK.
The Town Clerk, shall:
a) Clerk of Town Meeting. Serve as Clerk of the Town meeting under Sec. 60.15, Wis. Stats.
b) Clerk of Town Board.
1) Serve as Clerk of the Town Board, attend meetings of the Board and keep a full record of
its proceedings.
2) File all accounts approved by the Board or allowed at Town meetings and enter a
statement of the accounts in the Town’s record books.
3) File with the Board claims approved by the Clerk, as required under Sec. 60.44(2)(c),
Wis. Stats.
c) Finance Book. Maintain a finance book, which shall contain a complete record of the
finances of the Town, showing the receipts, with the date, amount and source of each receipt;
the disbursements, with the date, amount and object of each disbursement; and any other
information relating to Town finances prescribed by the Board. The financial records a Town
Clerk is expected to maintain are in addition to, not in lieu of, those a Town Treasurer is
expected to maintain.
d) Elections and Appointments.
1) Perform the duties required by Chapters 5 to 12, Wis. Stats., relating to elections.
2) Transmit to the County Clerk, within ten (10) days after election or appointment and
qualification of any Town Supervisor, Treasurer, Assessor or Clerk, a written notice
stating the name and post office address of the elected or appointed officer. The Clerk
shall promptly notify the County Clerk of any subsequent changes in such offices.
3) Transmit to the Clerk of Circuit Court, immediately after the election or appointment of
any Constable or Municipal Judge in the Town, a written notice stating the name of the
Constable or Municipal Judge and the term for which elected or appointed. If the Judge
or Constable was elected or appointed to fill a vacancy in the office, the Clerk shall
include in the notice the name of the incumbent who vacated the office.
e) Sale of Real Property. Execute the conveyance of real property of the Town. However,
prior to the sale of any property by the Town Board, the electors attending a Town meeting
must have given the Board authorization to do so.
f) Notices.
1)
Publish or post ordinances and resolutions as required under Sec. 60.80, Wis. Stats.
2)
Give notice of annual and special Town meetings as required under Sections
60.11(5) and 60.12(3), Wis. Stats.
g) Records.
1)
Comply with Subch. II of Chapter 19, Wis. Stats., concerning any record of which
the Clerk is legal custodian.
2)
Demand and obtain the official books and papers of any Municipal Judge if the
office becomes vacant and the Judge’s successor is not elected or appointed and
qualified, or if any Municipal Judge dies. The Clerk shall dispose of the books and
papers as required by law.
h) Licenses. Issue any license or permit granted by the Town Board when any required fee has
been paid.
i) Schools.
a. Perform the Clerk’s duties under Chapters 115 to 121, Wis. Stats., relating to public
instruction.
b. Within ten (10) days after the Clerk’s election or appointment, report his or her name
and post office address to the administrator of each cooperative educational service
agency which contains any portion of the Town. The Clerk shall report to the
administrator the name and post office address of each school district clerk within ten
(10) days after the name and address is filed in the Clerk’s office.
c. Make and keep in the Clerk’s office a map of the Town, showing the exact
boundaries of school districts within the Town.
d. Apportion, as provided by law, tax revenues collected by the Town for schools.
j) Highways and Bridges. Perform the duties specified in Chapters 80 to 92, Wis. Stats.,
relating to highways, bridges and drains.
k) Notice of Property Tax Revenue. Notify the Fond du Lac County Treasurer by February 20,
of the proportion of property tax revenue and the credits under Sec. 79.10, Wis. Stats., that is
to be disbursed by the taxation district treasurer to each taxing jurisdiction located in the
Town.
l) Statement of Indebtedness to Secretary of State. Furnish, pursuant to Sec. 69.68, Wis.
Stats., a full and complete summary of the bonded indebtedness and all other indebtedness,
the purpose for which the sum was incurred and any accrued interest, if any, remaining
unpaid to the Secretary of State.
m) Managed Forest Act. Receive copies from the Department of Natural Resources of all
petitions for entry under the Managed Forest Law of all lands in the Town pursuant to Sec.
77.82(5), Wis. Stats. The Clerk shall receive copies of notice of hearings established pursuant
to Sec. 77.82(6), Wis. Stats., and copies of any orders issued pursuant to Sec. 77.82(8), Wis.
Stats.
n) Notice of Cessation of Operations. Receive the appropriate notice, pursuant to Sec. 109.07,
Wis. Stats., of mergers, liquidation, disposition, relocation or cessation of operations from
any employer in the Town; the Clerk shall then immediately inform the Town Board of
receipt of such information.
o) Release and Publication of Tax Roll. Receive the assessment rolls and then publish a Class
1 notice, if applicable, or post notice under Chapter 985, Wis. Stats. The notice will provide
that in the noted days the assessment roll will be open for examination by the taxable
inhabitants.
p) Rabies Control Program. Promptly post notice in at least three (3) public places in the
Town pursuant to Sec. 95.21(3), Wis. Stats., with the notices of quarantine to be furnished by
the Department of Health and Social Services.
q) Prepare General Statistics and Annual Statement of Taxes. Make out and transmit to the
County Clerk by year’s end a statement pursuant to Sec. 69.60, Wis. Stats., showing the
assessed value of all property within the Town, all taxes levied, all special assessments made
and purposes for special assessments, and a complete and detailed statement of the bonded
and other indebtedness of the Town and of any accrued interest remaining unpaid and the
purpose for which the indebtedness was incurred. In addition, on or before the third Monday
of December, the Clerk shall file a statement of taxes levied to the Department of Revenue.
r) Make Tax Roll. Make out the complete list of all taxable real property to be called the Tax
Roll as required in Sec. 70.65, Wis. Stats.
s) Correct Tax Roll. Before delivering the Tax Roll to the Town Treasurer and after delivering
the Tax Roll to the Town Treasurer, shall correct the errors in the Tax Roll required in Sec.
70.73, Wis. Stats.
t) Receive Assessment Roll. Receive from the assessor on or before the first Monday in May
the completed Assessment Roll as required by Sec. 70.50, Wis. Stats.
u) Drainage District. Insert in the Tax Roll, in a separate column, amounts certified by the
Drainage Board secretary as assessments and interest due as required under Sec. 88.42, Wis.
Stats.
v) In General. Perform all other duties required by law, ordinance or lawful direction of the
Town meeting or Town Board.
w) Deputy Clerk. The Town Clerk may, pursuant to Sec. 60.331, Wis. Stats., appoint a Deputy
Clerk. The Deputy Clerk shall take and file the oath and bond as required by Sec. 60.331,
Wis. Stats. The Town Board shall determine what compensation is to be paid the Deputy
Clerk.
SEC. 2-4-8
TOWN TREASURER.
The Town Treasurer, shall:
a) Receive and Disburse Town Money.
1) Receive and take charge of all money belonging to the Town, or which is required by law
to be paid into the Town treasury, and disburse the money under Sec. 66.0607, Wis.
Stats.
2) Keep an itemized account of all moneys received and disbursed, specifying the source
from which it was received, the person to whom it was paid and the object for which it
was paid. The Town Treasurer shall issue numbered receipts for all funds received. At the
request of the Town Board, the Town Treasurer shall present the account books, and any
supporting documents requested, to the Board.
b) Deposit of Town Money.
1) Deposit as soon as practicable funds of the Town in the name of the Town in the public
depository designated by the Town Board. Failure to comply with this paragraph is
grounds for removal from office.
2) When money is deposited under Subsection (b)(1), the Town Clerk and the Treasurer’s
sureties are not liable for any loss as defined in Sec. 34.01(2), Wis. Stats. The interest
arising from the money deposited shall be paid into the Town treasury.
c) Records. Comply with Subch. II of Ch. 19, Wis. Stats., concerning records of which the
Treasurer is legal custodian.
d) Taxes. Perform all of the duties relating to taxation required of the Town Treasurer under
Chapters 70 to 79, Wis. Stats.
State Law Reference: Ss. 60.33, 60.34, and 60.305, Wis. Stats.
SEC. 2-4-9 ASSESSOR.
a) Qualification.
1) The Assessor, or assessment firm, shall be certified by the Department of Revenue under
Section 73.(09), Wis. Stats., as qualified to perform the functions of an Assessor.
2) If authorized by the Town meeting under Sec. 60.10(2)(j), Wis. Stats., the Town Board
may select the Town Assessor by appointment, using one of the methods authorized
under Sec. 60.307, Wis. Stats.
b) Duties. The Town Assessor shall have all the statutory authority, powers and duties for
property tax assessment required of the Town Assessor pursuant to Chapters 60, 66, 70 and
79, Wis. Stats. The Assessor shall return the assessment roll to the Town Clerk at the same
time and in the same manner in which Town Assessors are required to do as required by
Chapter 70, Wis. Stats.
State Law Reference: Section 60.307 and Ch. 70, Wis. Stats.
SEC. 2-4-10 BUILDING INSPECTOR/PERMIT ISSUER.
a) Appointment. There is hereby created the positions of Building Inspector(s) and Permit
Issuer who shall be appointed by the Chairperson, subject to confirmation by the Town
Board. He/she shall have an indefinite term of office or as prescribed by professional services
agreement. The Building Inspector shall review plans and arrange for on-site inspections.
The Building Inspector shall have proper certification in areas of responsibility from the
State of Wisconsin. If an independent contractor is serving as Town Building Inspector, the
Town Board may require that such Building Inspector provide evidence of liability
insurance.
b) Powers and Duties.
1) The Building Inspector shall enforce the Town’s building and housing codes and all other
ordinances, laws, and orders of the Town and State which relate to building construction,
alteration, and repair. With the authorization of the Town Board, he may appoint one (1)
or more Deputy Building Inspectors and may delegate to them the above-mentioned
powers and duties.
2) The Building Inspector shall make all on-site inspections necessary for compliance and
enforcement of the Building Code.
3) The Inspectors shall have the power to order all work stopped on construction, alteration,
or repair of buildings in the Town when such work is being done in violation of any
Town ordinance or without the proper permits having been issued. Work shall not be
resumed after the issuance of such an order, except on written permission of the appropriate Inspector.
4) Permit Issuers shall issue or cause to be issued all proper permits for such work after
payment of the fees required therefore. Permit Issuers shall process all applications, while
the Building Inspector shall make all inspections and have the authority to issue or cause
to be issued a certificate of completion.
c) Right of Entry. Inspectors shall have the right to enter into any building or premises where
the work of altering, repairing, or constructing any building or structure is going on,
including plumbing and electrical work.
SEC. 2-4-11 WEED COMMISSIONER.
The Weed Commissioner shall be appointed by the Chairperson on or before May 15 each year.
The Weed Commissioner shall take the official oath, which oath shall be filed in the office of the
Town Clerk, and shall hold office for one (1) year or until a successor has qualified or the
Chairperson has determined not to appoint a Weed Commissioner. The Weed Commissioner
shall hold office pursuant to and fulfill the duties set out in Sec. 66.0517, Wis. Stats.
SEC. 2-4-12 TOWN ATTORNEY.
a) Election. The Office of Town Attorney is an appointed position. The Town Attorney may be
appointed by the Town Board and shall serve at the pleasure of the Board. The Town Board
shall negotiate and establish the compensation in a contract for the designation, retention or
employment of an attorney based on a regular salary, per diem rate, retainer, hourly rate, or
other methods agreed to by the attorney and the Town Board.
b) Duties. The Town Attorney shall have the following duties:
1) The Attorney shall conduct all of the law business in which the Town is interested.
2) He/she shall, when requested by Town officers, given written legal opinions, which shall
be filed with the Town.
3) He/she shall draft ordinances, bonds and other instruments as may be required by Town
officers.
4) He/she may appoint an assistant, who shall have power to perform his/her duties and for
whose acts he shall be responsible to the Town. Such assistant shall receive no
compensation from the Town, unless previously provided by Ordinance.
5) The Town Board may employ and compensate special counsel to assist in or take charge
of any matter in which the Town is interested.
6) The Town Attorney shall perform such other duties as provided by State law and as
designated by the Town Board.
SEC. 2-4-13 TOWN ENGINEER.
The office of Town Engineer is an appointed position. The Town Engineer may be appointed by
the Town Board and shall serve at the pleasure of the Board. When authorized by the Town
Board, the Town Engineer shall provide engineering services to the Town. The cost of
engineering services provided to the Town may be billed back to private parties when created the
need for such expenditures.
SEC. 2-4-14 TOWN CONSTABLE.
The Town Constable shall be selected pursuant to Chapter 60, Wis. Stats. The Town
Board does have the authority to establish the powers and duties of the Town
Constable, which are as follows:
a) The Town Constable may impound dogs, cattle, horses, sheep, swine and other animals at
large in violation of any duly published order or ordinance adopted by the Town Board.
SEC. 2-4-15 TOWN AUDITOR/ACCOUNTANT.
a) Retention. The Town Board may, pursuant to Sections 60.41 and 60.43, Wis. Stats.,
designate, retain or employ one (1) or more accountants, including certified public
accountants, on a temporary or continuing basis for financial matters or to represent the
Town in financial matters.
b) Compensation. The Town Board shall negotiate and establish the compensation in a contract
for the designation, retention or employment of an accountant based on a regular salary, per
diem rate, retainer, hourly rate or other methods agreed to by the accountant and the Town
Board.
c) Duties. The accountant has the duties and powers established in Sections 60.41 and 60.43,
Wis. Stats., plus any additional powers and duties established pursuant to the retainer
contract between the accountant and the Town Board. The appropriate bond shall be filed
prior to the Town Board executing the written contract.
SEC. 2-4-16 TOWN EMPLOYEES; SPECIAL OFFICE POSITIONS.
a) Town Employees. The Town Board may employ on a temporary or regular basis persons
necessary to carry out the functions of Town government. The Board may establish the
qualifications and terms of employment, which may include the residency of the employee.
The Board may delegate the authority to hire Town employees to any Town official or
employee.
b) Residency. The following special office positions need not be Town of Fond du
Lac residents to hold these positions (other Town officials described in this
Chapter shall be Town of Fond du Lac residents):
1) Town Attorney.
2) Town Engineer.
3) Town Auditor/Accountant.
4) Town Assessor.
5) Building Inspector.
6) Other consultants.
c) Meeting Attendance. Special office holders listed in Subsection (b) shall attend or make all
good faith efforts to attend all properly called meetings of the Town Board if their attendance
is requested at least three (3) days prior to the meeting, or as established by professional
services agreement.
SEC. 2-4-17 CUSTODY OF OFFICIAL PROPERTY.
Town officers must observe the standards of care imposed by Section 19.21, Wis. Stats., with
respect to the care and custody of official property.
SEC. 2-4-18 ELIGIBILITY FOR OFFICE/INCOMPATIBILITY OF OFFICE.
a) Any person who is a qualified elector in the Town of Fond du Lac may hold any elected
Town office. No member of the Town Board may, during his or her term, be eligible for any
Town office or Town position which, during such term, the office or position has been
created by or the selection to which is vested in the Town Board. Any member of the Town
Board will be eligible for such Town office or Town position if he or she resigns from the
Town Board before being appointed to the Town office or Town position and if the office or
position was not created during his or her term in office.
b) Certain Town offices are incompatible, by common law and statutory law, with other Town
offices and also with other county, state or federal offices. No Town officer shall serve in
both offices at the same time. If any question or concern by any person is raised to the Town
Board regarding incompatibility of any office in the Town of Fond du Lac, the Town
Attorney, at the request of the Town Board, shall review the matter and shall provide his or
her written comments to the Town Board.
SEC. 2-4-19 OFFICIAL OATH AND BOND.
a) Authority. The Town Board has the specific statutory authority, powers and duties, pursuant
to Sections 60.20, 60.22 and 60.31, Wis. Stats., and under Section 2-4-3 of this Code of
Ordinances, to require that certain elected officials take an official oath and to require that
they file the appropriate bond.
b) Oath.
1) General Provision. All elected officers and appointed officers of the Town of Fond du
Lac, except elected assessors and municipal judges, (if such position is established), shall
take and file the below noted oath within five (5) days after notification of election or
appointment by the Town Clerk. The written oath of office and the oral oath of office,
pursuant to Sec. 19.01, Wis. Stats., shall be substantially in the following form:
a.
Written Oath.
STATE OF WISCONSIN,
County of Fond du Lac
I, the undersigned, who have been elected (or appointed) to the office of
_________, but have not yet entered upon the duties thereof, swear (or affirm)
that I will support the constitution of the United States and the constitution of
the state of Wisconsin, and will faithfully discharge the duties of said office to
the best of my ability. So help me God.
, 20____.
Subscribed and sworn to before me this _____ day of
______________________________
Signature
b.
Oral Oath.
I, _______________ swear (or affirm) that I will support the constitution of
the state of Wisconsin, and will faithfully and impartially discharge the duties of
the office of _______________ to the best of my ability. So help me God.
2) Filing Locations. The official oath of all elected officers and appointed officers of the
Town shall be filed with the Town Clerk except that the Town Clerk shall file his or her
oath with the Town Treasurer and except that the Municipal Judge (if applicable) shall
his or her oath with the Clerk of the Circuit Court.
3) Failure to File Oath. If any elected officer or appointed officer of the Town of Fond du
Lac fails to file the proper oath within the time prescribed by statute, the failure to file
constitutes refusal to serve in the office. No Municipal Judge in the Town of Fond du Lac
shall be paid a salary for anytime during the term during which the Municipal Judge has
not executed and filed his or her oath.
(c) Bonds.
1) General Provision. The bond costs shall be provided by the Town of Fond du Lac. No
natural person may be a surety on a bond. The bond may be furnished by a surety
company under Sec. 632.17(2), Wis. Stats. The Town Board may at anytime determine
that any bond amount established is insufficient or in excess and may therefore require
any officer noted above to file a new bond within ten (10) days, in an amount fixed by the
Town Board.
2) Filing Location. The official bond shall be filed with the Town Clerk except that the
Town Clerk shall file his or her bond with the Town Treasurer and except that the
municipal justice shall file his or her bond with the Clerk of Circuit Court.
3) Failure to File Bond. The elected officers and appointed officers of the Town required to
file a bond shall file the required bond before entering upon the duties of the office. If the
elected officers and appointed officers of the Town fails to file the required bond within
the time prescribed by law, the failure to file the required bond constitutes refusal to serve
in office and the office can be declared vacant by the Town Board. No Municipal Judge
of the Town shall be paid a salary for anytime during the term during which the
Municipal Judge has not executed and filed the required bond.
CHAPTER 5
Boards, Commissions and Committees
2-5-1
2-5-2
2-5-3
2-5-4
2-5-5
Board of Review
Zoning Board of Appeals
Plan Commission
General Provisions Regarding Meetings and Public Notice
Residency Required for Service on Boards, Committees or Commissions
SEC. 2-5-1
BOARD OF REVIEW.
a) Composition. The Board of Review shall consist of the Chairperson, Town Board
Supervisors and Town Clerk.
b) Duties. The duties and functions of the Board of Review shall be as prescribed in Secs. 70.46
and 70.47, Wis. Stats.
c) Meetings. The Board of Review shall meet annually on the second Monday of May, or any
day within the next thirty (30) days, at the Town Hall of the Town of Fond du Lac, and
notice of such meeting shall be published pursuant to the State Statutes. The Board, through
its Clerk, shall establish its meeting hours pursuant to Sec. 70.47(3)(b), Wis. Stats. The Board
may adjourn from day to day or from time to time, until such time as its business is
completed, providing that adequate notice of each adjournment is so given.
d) Compensation. Compensation for Board of Review members shall be as established by the
Town Board.
State Law Reference: Secs. 70.46 and 70.47, Wis. Stats.
SEC. 2-5-2
ZONING BOARD OF APPEALS. (SEE SEC. 13-1-9)
SEC. 2-5-3
PLAN COMMISSION.
a) Composition. The Plan Commission shall consist of five (5) citizen members appointed by
the Town Chairperson with the confirmation of the Town Board. The members shall be
appointed for staggered terms of two (2) years. All members shall be persons of recognized
experience and qualifications and shall hold office until their respective successors are
selected and qualified. Whenever a vacancy shall occur a successor shall be appointed for the
unexpired term in the manner as set forth herein.
b) Record. The Plan Commission shall keep a written record of its proceedings to include all
actions taken, a copy of which shall be filed with the Town Clerk. Four members shall
constitute a quorum but all actions shall require the affirmative approval of a majority of all
of the members of the Commission.
c) Duties.
1) The Master Plan.
a. The Plan Commission shall make, adopt and, as necessary, amend, extend or add to
the master plan, subject to Town Board confirmation, for the physical development of
the Town including areas outside of its boundaries which, in the Plan Commission’s
judgment, bear relation to the development of the Town. The master plan, with the
accompanying maps, plats and descriptive and explanatory matter, shall show the
Commission’s recommendations for such physical development, and may include,
among other things without limitation because of enumeration, the general location,
character and extent of streets, highways, freeways, street grades, roadways, walks,
parking areas, public places and areas, parks, parkways, playgrounds, sites for public
buildings and structures, and the genera! location and extent of sewers, water conduits
and other public utilities whether privately or publicly owned, the acceptance,
widening, narrowing, extension, relocation, removal, vacation, abandonment or
change of use of any of the foregoing public ways, grounds, places, spaces, buildings,
properties, utilities, routes or terminals, the general location, character and extent of
community centers and neighborhood units, and a comprehensive zoning plan.
b. The Commission may adopt the master plan as a whole by a single resolution, or, as
the work of making the whole master plan progresses, may from time to time by
resolution adopt a part or parts thereof, any such part to correspond generally with
one or more of the functional subdivisions of the subject matter of the plan. The
adoption of the plan or any part, amendment or addition, shall be by resolution carried
by the affirmative votes of not less than a majority of all the members of the Plan
Commission, subject to confirmation by the Town Board. The resolution shall refer
expressly to the maps, descriptive matter, and other matters intended by the
Commission to form the whole or any part of the plan, and the action taken shall be
recorded on the adopted plan or part thereof by the identifying signature of the
secretary of the Commission, and a copy of the plan or part thereof shall be certified
to the Town Board. The purpose and effect of the adoption and certifying of the
master plan or part thereof shall be solely to aid the Plan Commission and the Town
Board in the performance of their duties.
2) Matters Referred to Plan Commission. The Town Board or officer of the Town having
final authority thereon, shall refer to the Plan Commission, for its consideration and
report before final action is taken by the Board, public body or officer, the following
matters: the location of any statue or other memorial; the location, acceptance, extension,
alteration, vacation, abandonment, change of use, sale, acquisition of land for or lease of
land for any street, alley or other public way, park, playground, airport, area for parking
vehicles, or other memorial or public grounds; the location, extension, abandonment or
authorization for any public utility whether publicly or privately owned; all plats of lands
in the Town or within the territory over which the Town is given platting jurisdiction by
Chapter 236, Wis. Stats.; the location, character and extent or acquisition, leasing or sale
of lands for public or semi-public housing, slum clearance, relief of congestion, or
vacation camps for children; the amendment or repeal of any land use ordinance; and
those requests for special use permits designated for initial review by the Plan
Commission under the Town Zoning Ordinance.
d) Compensation Oath. Compensation may be established by the Town Board for service on
the Commission. Citizen members shall take the official oath required by Sec. 19.01, Wis.
Stats., which shall be filed with the Town Clerk.
e) Organization. As soon as all members of the first Commission shall have been appointed,
the Town Clerk shall give each member a written notice of the appointment and thereon shall
fix the time and place of the first meeting which shall be not less than five (5) nor more than
ten (10) days thereafter. The Commission shall elect a secretary, and shall keep a written
record of its proceedings to include all actions taken, a copy of which shall be filed with the
Town Clerk.
f) Rules of Procedure; Report. The Plan Commission is hereby authorized to adopt rules
governing its own proceedings. The Commission shall make a monthly report in writing to
the Town Board of its transactions and expenditures, if any, for the preceding month, with
such general recommendations as to matters covered by its prescribed duties and authority as
seem proper.
g) Special Meetings. Individuals requesting a special meeting of the Plan Commission shall be
required to pay a fee in accordance with the Town Board’s current fee schedule for such
meeting.
State Law Reference: Sections 61.35, 62.23, and Chapter 236, Wis. Stats.
SEC. 2-5-4
GENERAL PROVISIONS REGARDING MEETINGS AND PUBLIC
NOTICE.
a) Regular Meetings; Public Notice.
1) Every Board, Committee and Commission created by or existing under the ordinances of
the Town shall:
a. Schedule a date, time and place for its meetings;
b. Post, or when necessary publish, notice in or notify the official Town newspaper in
advance of each such regular meeting of the date, time, and place thereof, in
compliance with state law, thereof; and/or
c. Post and/or publish an agenda of the matters to be taken up at such meeting.
2) A separate public notice shall be given for each meeting at a time and date reasonably
proximate to the time and date of the meeting, but not less than twenty-four (24) hours
prior to the commencement of such meeting unless otherwise authorized by law.
3) Such notice shall set forth the time, date, place and subject matter of the meeting,
including that intended for consideration at any contemplated closed session which may
be authorized by law, and may be in the following form:
NOTICE OF MEETING
TOWN OF FOND DU LAC, WISCONSIN
(commission)
Please take notice that a meeting of the (commission) of the Town of Fond du Lac will be held
on (date), 20___, at (time) p.m., at the Fond du Lac Town Hall to consider the following:
1.
(Agenda items set forth).
2.
Such other matters as authorized by law.
Dated: ___________________________
(Commission)
By_______________________
Any person who has a qualifying disability as defined by the Americans with Disabilities Act
that requires the meeting or materials at the meeting to be in accessible location or format must
contact the Town Office at phone, (address) by 2:00 p.m. the Friday prior to the meeting so any
necessary arrangements can be made to accommodate each request.
b) Notice to Members. Every member of any board, commission or committee of the Town of
Fond du Lac shall be notified by the secretary thereof that a meeting is to be held, and the
time and place of such meeting and the subject to be considered thereat. No member shall be
intentionally excluded from any meeting by a failure to give proper notice or a reasonable
attempt to give proper notice to such member.
c) Special Meetings. Nothing in Subsection (a) shall preclude the calling of a special meeting
or dispensing with the publication of notice or such posting of the agenda, for good cause,
but such special meetings shall nonetheless comply in all respects with the provisions of
Sections 19.81 and 19.89, Wis. Stats.
d) Minutes to be kept. Every board, commission and committee shall keep a record of the
minutes of its proceedings and shall cause a signed copy thereof to be filed by its secretary
with the Town Clerk as soon as practicable after the meeting date.
SEC. 2-5-5
RESIDENCY REQUIRED FOR SERVICE ON BOARDS,
COMM1TTEES OR COMMISSIONS.
No person not a legal resident of the Town of Fond du Lac shall be appointed in a voting
capacity to any Town board, committee or commission. Any voting board, commission or
committee member who moves from the Town shall immediately be removed from such board
or committee.
CHAPTER 6
Ethics Code
2-6-1
2-6-2
2-6-3
2-6-4
2-6-5
2-6-6
2-6-7
2-6-8
2-6-9
SEC. 2-6-1
Statement of Purpose
Definitions
Statutory Standards of Conduct
Responsibility of Public Office
Dedicated Service
Fair and Equal Treatment
Conflict of Interest
Advisory Opinions
Sanctions
STATEMENT OF PURPOSE.
a) The proper operation of democratic 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 personal gain; and that the public have confidence in the integrity of its government.
In recognition of these goals, there is hereby established in this Chapter a Code of Ethics for
all Town of Fond du Lac officials and employees, whether elected or appointed, paid or
unpaid, including members of boards, committees and commissions of the Town, as well as
any individuals who are candidates for elective office as soon as such individuals file
nomination papers with the Town.
b) The purpose of this Ethics Code is to establish guidelines for ethical standards of conduct for
all such officials and employees by setting forth those acts or actions that are incompatible
with the best interests of the Town of Fond du Lac and by directing disclosure by such
officials and employees of private financial or other interests in matters affecting the Town.
The Town Board believes that a Code of Ethics for the guidance of elected and appointed
officials and employees will help them avoid conflicts between their personal interests and
their public responsibilities, will improve standards of public service and will promote and
strengthen the faith and confidence of the citizens of this Town in their elected and appointed
officials and employees. The Town Board hereby reaffirms that each elected and appointed
Town official and employee holds his or her position as a public trust, and any intentional
effort to realize substantial personal gain through official conduct is a violation of that trust.
The provisions and purpose of this Ethics Code and such rules and regulations as may be
established are hereby declared to be in the best interests of the Town of Fond du Lac.
SEC. 2-6-2
DEFINITIONS.
The following definitions shall be applicable in this Chapter:
a) Public Official. Means those persons serving in statutory elected or appointed offices
provided for in Chapter 60 of the Wisconsin Statutes, and all members appointed to boards,
committees and commissions established or appointed by the Chairperson and/or Town
Board pursuant to this Code of Ordinances, whether paid or unpaid.
b) Public Employee. Means any person excluded from the definition of a public official who is
employed by the Town.
c) Anything of Value. Means any gift, favor, loan, service or promise of future employment,
but does not include reasonable fees and honorariums, or the exchange of seasonal,
anniversary or customary gifts among relatives and friends.
d) Business. Means any corporation, partnership, proprietorship, firm, enterprise, franchise,
association, organization, self-employed individual or any other legal entity which engages in
profit-making activities.
e) Personal Interest. Means the following specific blood or marriage relationships:
1) A person’s spouse, mother, father, child, brother or sister; or
2) A person’s relative by blood or marriage who receives, directly or indirectly, more than
one-half (1/2) support from such person or from whom such person receives, directly or
indirectly, more than one-half (1/2) of his support.
f) Significant Interest. Means owning or controlling, directly or indirectly, at least ten percent
(10%) or Five Thousand Dollars ($5,000.00) of the outstanding stock of at least ten percent
(10%) or Five Thousand Dollars ($5,000.00) of any business.
g) Financial Interest. Any interest which shall yield, directly or indirectly, a monetary or other
material benefit to the officer or employee or to any person employing or retaining the
services of the officer or employee.
SEC. 2-6-3
STATUTORY STANDARDS OF CONDUCT.
There are certain provisions of the Wisconsin Statutes which should, while not set forth herein,
be considered an integral part of any Code of Ethics. Accordingly, the provisions of the
following sections of the Wisconsin Statutes, as from time to time amended, are made a part of
this Code of Ethics and shall apply to public officials and employees whenever applicable, to
wit:
a) Sec.946.10.
Bribery of Public Officers and Employees.
b) Sec.946.11.
Special Privileges from Public Utilities.
c) Sec.946.12.
Misconduct in Public Office.
(d) Sec.946.13.
Private Interest in Public Contract Prohibited.
SEC. 2-6-4
RESPONSIBILITY OF PUBLIC OFFICE.
Public officials and employees are agents of public purpose and hold office for the benefit of the
public. They are bound to uphold the Constitution of the United States and the Constitution of
this State and carry out impartially the laws of the nation, state and Town, to observe in their
official acts the highest standards of morality and to discharge faithfully the duties of their office
regardless of personal considerations, recognizing that the public interest must be their prime
concern.
SEC. 2-6-5
DEDICATED SERVICE.
a) Officials and employees should adhere to the rules of work and performance established as
the standard for their positions by the appropriate authority.
b) Officials and employees should not exceed their authority or breach the law or ask others to
do so, and they should work in full cooperation with other public officials and employees
unless prohibited from so doing by law or by officially recognized confidentiality of their
work.
b) Members of the Town staff are expected to follow their appropriate professional code of
ethics. Staff members shall file a copy of such professional ethics codes with the Town
Clerk. The Town Clerk may notify the appropriate professional ethics board of any ethics
violations involving Town employees covered by such professional standards.
SEC. 2-6-6
FAIR AND EQUAL TREATMENT.
a) Use of Public Property. No official or employee shall use or permit the unauthorized use of
Town-owned vehicles, equipment, materials or property for personal convenience or profit,
except when such services are available to the public generally or are provided as Town
policy for the use of such official or employee in the conduct of official business, as
authorized by the Town Board or authorized board, commission or committee.
b) Use of Town Stationery. Copies of any correspondence written on Town stationery shall be
filed with the Town .Clerk, or their designee.
c) Obligations to Citizens. No official or employee shall grant any special consideration,
treatment or advantage to any citizen beyond that which is available to every other citizen.
No official or employee shall use or attempt to use his or her position with the Town to
secure any advantage, preference or gain, over and above his rightful remuneration and
benefits, for himself or for a member of his or her immediate family.
d) Political Contributions. No official shall personally solicit from any Town employee, other
than an elected official, a contribution to a political campaign committee for which the
person subject to this Chapter is a candidate or treasurer.
(e) Failure to Follow Board Directive. No Town official or employee, whether elected or
appointed, shall deliberately, by individual action, direct a member of the public or a party
under contract with the Town to take an action or perform an act that is contrary to an official
Town policy adopted by the Town Board.
SEC. 2-6-7
CONFLICT OF INTEREST.
a) Financial and Personal Interest Prohibited.
1) No official or employee of the Town, whether paid or unpaid, shall engage in any
business or transaction or shall act in regard to financial or other personal interest, direct
or indirect, which is incompatible with the proper discharge of official duties in the
public interest contrary to the provisions of this Chapter or which would tend to impair
independence of judgment or action in the performance of official duties.
2) Any member of the Town Board who has a financial interest or personal interest in any
proposed legislation before the Town Board shall disclose on the records of the Town
Board the nature and extent of such interest; such official shall not participate in debate
or vote for adoption or defeat of such legislation. If the matter before the Board involves
a member’s personal interest with persons involved, the member may participate in
debate or discussion and vote on the matter following disclosure, unless an ordinance or
contract is involved; if an ordinance or contract is involved, such official shall not
participate in debate or discussion and vote on the matter.
3) Any non-elected official, other than a Town employee, who has a financial interest or
personal interest in any proposed legislative action of the Town Board or any board,
commission or committee upon which the official has any influence or input or of which
the official is a member that is to make a recommendation or decision upon any item
which is the subject of the proposed legislative action shall disclose on the records of the
Town Board or the appropriate board, commission or committee the nature and extent of
such interest. Such official shall not participate in debate or discussion or vote for
adoption or defeat of such legislation.
4) Any Town employee who has a financial interest or personal interest in any proposed
legislative action of the Town Board or any board, commission or committee upon which
the employee has any influence of input, or of which the employee is a member, that is a
make to recommendation or decision upon any item which is the subject of the proposed
legislative action shall disclose on the records of the Town Board or the appropriate
board, commission or committee the nature and extent of such interest.
b) Disclosure of Confidential Information. No official or employee shall, without proper legal
authorization, disclose confidential information concerning the property, government or
affairs of the Town, nor shall such information be used to advance the financial or other
private interests of the official or employee or others.
(c) Gifts and Favors.
1) No official or employee, personally or through a member of his immediate family, may
solicit or accept, either directly or indirectly, from any person or organization, money or
anything of value if it could be expected to influence the employee’s official actions or
judgments or be considered a reward for any action or inaction on the part of the official
or employee.
2) No official or employee personally, or through a member of his/her immediate family,
shall accept any gift, whether in the form of money, service, loan, thing or promise, from
any person which may tend to impair his/her independence of judgment or action in the
performance of his/her duties or grant in the discharge of his/her duties any improper
favor, service or thing of value.
3) An official or employee is not to accept hospitality if, after consideration of the
surrounding circumstances, it could reasonably be concluded that such hospitality would
not be extended were it not for the fact that the guest, or a member of the guest’s
immediate family, was a Town official or employee. Participation in celebrations, grand
openings, open houses, informational meetings and similar events are excluded from this
prohibition. This paragraph further shall not be construed to prevent candidates for
elective office from accepting hospitality from citizens for the purpose of supporting the
candidate’s campaign.
4) Gifts received by an official or employee or his/her immediate family under unusual
circumstances shall be referred to the Town Board within ten (10) days of receipt for
recommended disposition. Any person subject to this Chapter who becomes aware that
he/she is or has been offered any sift, the acceptance of which would constitute a
violation of this Subsection, shall, within ten (10) days, disclose the details surrounding
said offer to the Town Board. Failure to comply with this reporting requirement shall
constitute an offense under this Chapter.
d) Representing Private Interests Before Town Agencies.
1) Non-elected Town officials and employees shall not appear on behalf of any private
person (other than him or herself, his or her spouse or minor children) before any Town
agency, board, commission or the Town Board if the official or employee or any board,
commission or committee of which the official or employee is a member has any
jurisdiction, discretion or control over the matter which is the subject of such
representation.
2) Elected Town officials may appear before Town agencies on behalf of constituents in the
course of their duties as representatives of the electorate or in the performance of public
or civic obligations. However, the disclosure requirements of Subsection (a) above shall
be applicable to such appearances.
e) Ad Hoc Committee Exceptions. No violation of the conflict of interest restrictions of this
Section shall exist, however, where an individual serves on a special ad hoc committee
charged with the narrow responsibility of addressing a specific issue or topic in which that
individual, or the employer or a client of that individual, has an interest so long as the
individual discloses to the Town Board that such interest exists.
f) Contracts with the Town. No Town official or employee who, in his capacity as such
officer or employee, participates in the making of a contract in which he has a private
pecuniary interest, direct or indirect, or performs in regard to that contract with some
function requiring the exercise of discretion on his part shall enter into any contract with the
Town unless, within the confines of Sec. 946.13, Wis. Stats.:
1) The contract is awarded through a process of public notice and competitive bidding or the
Town Board waives the requirement of this Section after determining that it is in the best
interest of the Town to do so.
2) The provisions of this Subsection shall not apply to the designation of a public depository
of public funds.
SEC. 2-6-8
ADVISORY OPINIONS.
Any questions as to the interpretation of any provisions of this Code of Ethics Chapter shall be
referred to the Town Attorney. Such requests shall be as detailed as possible and shall be made in
writing. Advisory requests and opinions shall be kept confidential, except when disclosure is
authorized by the requestor, in which case the request and opinion may be made public.
SEC. 2-6-9
SANCTIONS.
A determination that an official’s or employee’s actions constitute improper conduct under the
provisions of this Chapter may, in the case of an employee, constitute a cause of suspension,
removal from office or employment or other disciplinary action. Sanctions, including any
disciplinary action, that may affect employees covered under a labor agreement will be
consistent with the terms and conditions set forth in the applicable labor agreement. In the case
of an elected or appointed Town official, the Town Board, upon a review of the facts with the
individual, may officially reprimand the official or remove such official from certain committee
assignments or responsibilities.
TITLE 3
Finance and Public Records
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Finance
Special Assessments
Public Records
Public Building Use
Room Tax
CHAPTER 1
Finance
3-1-1
3-1-2
3-1-3
3-1-4
3-1-5
3-1-6
3-1-7
3-1-8
3-1-9
3-1-10
3-1-11
3-1-12
3-1-13
3-1-14
3-1-15
3-1-16
3-1-17
3-1-18
3-1-19
3-1-20
3-1-21
3-1-22
SEC. 3-1-1
Fiscal Management
Preparation and Adoption of Budget
Changes in Budget
Town Funds to be Spent in Accordance with Appropriation
Annual Financial Statement
Finance Book
Financial Audits
Claims Against Town
Disbursements from Town Treasury
Facsimile Signatures
Public Depository
Temporary Investment of Funds Not Immediately Needed
Public Contracts and Competitive Bidding
Receiving Money; Receipt for Same
Duplicate Treasurer’s Bond Eliminated
Statement of Real Property Status
Liability of the Town for Acts of Agents
Accounts Receivable Billing Procedures
Annual Audits
Fee for Returning Checks With Insufficient Funds; Reimbursement of Collection
Costs
Delinquent Personal Property Taxes
Policy for Public Deposits and Investments
FISCAL MANAGEMENT.
The Town Board of the Town of Fond du Lac has the specific authority, powers and duties
pursuant to Sections 60.10, 60.20, 60.22, 60.23, 60.40, 60.41, 60.42, 60.44, 60.45, 60.46, 60.47,
65.90, 66.0603, 66.0607, 66.0703, 74.12, Chapter 67 and 70, Wis. Stats., to manage, supervise
and direct the fiscal operations of the Town of Fond du Lac and to develop, maintain and
implement a fiscal management system for the Town.
SEC. 3-1-2
PREPARATION AND ADOPTION OF BUDGET.
a) Fiscal Year; Annual Budget. The Town of Fond du Lac fiscal year is the calendar year. The
Town budget shall be adopted annually.
b) Preparation. The Town Board is responsible for preparation of the proposed budget required
under Sec. 65.90, Wis. Stats. In preparing the budget, the Board may provide for assistance
by any person.
c) Estimates of Budget. Each elected officer and .each appointed officer responsible for a
department, office, special office, committee, commission, agency, board or other special
government unit of the Town shall file with the Town Clerk, by a date established by the
Clerk the following for their department, office, special office, committee, commission,
agency, board or other special government unit of the Town.
1) Prior years receipts, revenues, disbursements and expenditures.
2) Current years receipts, revenues, disbursements and expenditures.
3) Estimated receipts, revenues, disbursements and expenditures for next year.
d) Elements of Budget. Each budget prepared by and approved by the Town Board
shall include the following:
1) All existing indebtedness.
2) All anticipated revenue from all sources for ensuing year.
3) All proposed appropriations for departments, committees, commissions and boards,
active or reserve accounts for next year.
4) All actual revenues and expenditures for preceding year.
5) All actual revenue and expenditures for not less than six (6) months of current year.
6) All estimated revenues and expenditures for the balance of the year.
7) All anticipated unexpended or unappropriated balances and surpluses.
8) Such other information may be required by the Board and state law.
e) Elements in Budget Summary. Each budget summary prepared by and approved by the
Board shall include the following:
1) All expenditures by major expenditure category for the proposed budget, the budget in
effect and the budget of the preceding year.
2) All revenues by major revenue service for the proposed budget, the budget in effect and
the budget of the preceding year.
3) Any financial source and use not identified in Subsection (e)(1) and (2) above.
4) All beginning and year end balances for the proposed budget, the budget in effect and the
budget of the preceding year.
f) Copies of Budget. The Town shall provide a reasonable number of copies of the budget for
distribution to citizens.
g) Hearing. The Board shall conduct the budget hearing required under Sec. 65.90, Wis. Stats.
(h) Adoption. The Board shall adopt the Town budget. The Town meeting may either retain
authority to approve any tax levy needed to support spending approved by the Board or may
delegate the authority to approve a tax levy to the Board.
(i) Amendment. The Town budget may be amended by the Board under Sec. 65.90(5) Wis.
Stats.
SEC. 3-1-3
CHANGES IN BUDGET.
The adopted budget may not be changed after approval except upon the recommendation of the
Chairperson and upon a roll call two-thirds (2/3) vote of the entire membership of the Town
Board. Notice of such change shall be given by publication or posted within ten (10) days
thereafter in the official Town newspaper.
SEC 3-1-4
TOWN FUNDS TO BE SPENT IN ACCORDANCE WITH
APPROPRIATION.
No money may be drawn from the Town or any obligation for the expenditure of money be
incurred except in conformance with the annual appropriation in the adopted budget or when
changed as authorized by Section 3-1-3 of this Chapter. At the close of each fiscal year, any
unencumbered balance of any appropriation shall revert to the general fund and shall be subject
to reappropriation; but appropriations may be made by the Board, to be paid out of the income of
the current year, in furtherance of improvements or other objects or works which will not be
completed within such year, and any such appropriation shall continue in force until the purpose
for which it was made shall have been accomplished or abandoned.
SEC. 3-1-5
ANNUAL FINANCIAL STATEMENT.
The Town Board annually shall prepare a statement of the financial condition of the Town and
present the statement to the annual town meeting. In preparing the statement, the Board may
provide for assistance by any person. The statement shall include the previous year’s revenues
and expenditures and the current indebtedness of the Town.
SEC. 3-1-6
FINANCE BOOK.
The Town Treasurer shall maintain a finance book under Sec. 60.33(3), Wis. Stats.
SEC. 3-1-7
FINANCIAL AUDITS.
The Town Board shall provide for financial audits under Sec. 66.0605, Wis. Stats.
SEC. 3-1-8
CLAIMS AGAINST TOWN.
a) The Town Board shall develop and maintain a policy and plan, pursuant to Sections 60.44
and 893.80, Wis. Stats., to manage and control any legal claims against the Town, its
officers, its employees and its agents. Claims for money against the Town or against officers,
officials, agents or employees of the Town arising out of acts done in their official capacity
shall be filed with the Town Clerk as provided under Sec. 893.80(1)(b), Wis. Stats. The
Town Clerk shall immediately contact the Town Chairperson regarding the claims. The
Chairperson shall arrange any appropriate and necessary meeting of the Board for actions
pursuant to Sections 60.44 and 893.80, Wis. Stats., to allow or disallow any claim. The
Chairperson shall, at his or her discretion, contact the Town Attorney regarding the claim
prior to the meeting of the Board.
b) The Board shall allow or disallow the claim. Notice of disallowance shall be made as
provided under Sec. 893.80(1)(b), Wis. Stats.
SEC. 3-1-9
DISBURSEMENTS FROM TOWN TREASURY.
Disbursements from the Town treasury shall be made under Sec. 66.0607, Wis. Stats. No claim,
account or demand for payment against the Town shall be paid until a voucher has been filed
with or prepared by the Town Clerk.
SEC. 3-1-10 FACSIMILE SIGNATURES.
In lieu of the personal signatures of the Town Clerk, Town Treasurer and Chairperson on checks
their facsimile signatures may be used if approved by the Town Board, but the use of a facsimile
signature does not relieve the official from any liability to which he/she is otherwise subject,
including the unauthorized use thereof.
SEC. 3-1-11
PUBLIC DEPOSITORY.
The Town Board shall designate one (1) or more public depositories for depositing funds of the
Town. These public depositories shall be approved financial institutions under Sec. 66.0603,
Wis. Stats. The Treasurer and the Treasurer’s surety are not liable for loss, as defined under Sec.
34.01(6), Wis. Stats., for money deposited in the name of the Town in a designated public
depository. Interest accruing from Town money in a public depository shall be credited to the
Town.
SEC. 3-1-12 TEMPORARY INVESTMENT OF FUNDS NOT IMMEDIATELY
NEEDED.
a) The Town Treasurer, in cooperation with the Town Board, may invest any Town long-term
funds and temporary funds not immediately needed, pursuant to Sections 66.0603 and
219.05, Wis. Stats.
b) The Board and the Treasurer shall use the following criteria in determining the financial
options available for investing the financial assets of the Town:
1) The safety of the investment.
2) The maturity of the investment.
3) The liquidity of the investment.
4) The yield of the investment.
5) The other services available to the Town with the investment.
State Law Reference: Sections 66.0603 and 219.05, Wis. Stats.
SEC. 3-1-13 PUBLIC CONTRACTS AND COMPETITIVE BIDDING.
a) Definitions. In this Section:
1) “Public contract’ means a contract for the construction, execution, repair, remodeling or
improvement of any public work or building or for the furnishing of materials or
supplies, with an estimated cost greater than Fifteen Thousand Dollars ($15,000.00).
2) “Responsible bidder” means a person who, in the judgment of the Town Board, is
financially responsible and has the capacity and competence to faithfully and
responsibly comply with the terms of the public contract.
b) Advertisement for Bids. Except as provided in Subsections (d) and (e), the Town may not
enter into a public contract unless the Town Board, or a Town official or employee
designated by the Town Board, advertises for proposals to perform the terms of the public
contract by publishing a Class 2 notice under Ch. 985, Wis. Stats. The Town Board may
provide for additional means of advertising for bids. Pursuant to Subsection (a)(1) above, this
advertising requirement does not apply to the purchase of equipment; it applies only to the
purchase of materials or supplies expected to cost more than Fifteen Thousand Dollars
($15,000.00).
c) Contracts to Lowest Responsible Bidder. The Town Board shall let a public contract for
which advertising for proposals is required under Subsection (b) to the lowest responsible
bidder. Section 66.29, Wis. Stats., applies to public contracts let under this Section.
d) Contracts with Governmental Entities. This Section does not apply to public contracts
entered into by a town with a municipality, as defined under Sec. 66.0301, Wis. Stats.
Municipality, for this Section is defined as the state or any department or agency thereof, or
any city, village, town, county, school district, public library system, public inland lake
protection and rehabilitation district, sanitary district, farm drainage district, metropolitan
sewerage district, sewer utility district, water utility district, mosquito control district,
municipal electric company, county or city transit commission or regional planning
commission.
e) Exception for Emergencies. Sec. 60.47(5) Wis. Stats., and this Section are optional with
respect to public contracts for the repair and construction of public facilities when damage or
threatened damage to the facility creates an emergency, as declared by resolution of the
Town Board, that endangers the public health or welfare of the Town. This Subsection does
not apply if the Town Board declares that the emergency no longer exists.
f) Application to Work by the Town. This Section does not apply to any public work
performed directly by the Town.
SEC. 3-1-14 RECEIVING MONEY; RECEIPT FOR SAME.
a) The Town Treasurer shall not receive any money into the treasury from any source except for
taxes levied and collected during the fiscal year for which he or she may then be serving,
without giving a receipt therefor in the manner specified by the Town Board.
b) Upon the payment of any money (except for taxes as herein provided), the Treasurer shall
make out a receipt in triplicate for the money so received. The Treasurer shall charge the
amount thereof to the treasury and credit the proper account. The payment of the money to
any receiving agent of the Town or to the Town or to the Treasurer shall be safeguarded in
such manner as the Town Board shall direct.
SEC. 3-1-15 DUPLICATE TREASURER’S BOND ELIMINATED.
The Town of Fond du Lac elects not to give the bond on the Town Treasurer provided for by
SEC. 3-1-16 STATEMENT OF REAL PROPERTY STATUS.
The Town Clerk and Town Treasurer are authorized to prepare a Statement of Real Property
Status form to be used to provide information often requested for transfers of real property such
as the amount of outstanding special assessments, deferred assessments, changes in assessments,
amount of taxes, contemplated improvement, floodplain status, violation of the building and
health codes and similar information. Any such information sought shall be provided to the
person requesting it on said form. The Clerk or Treasurer shall collect a fee of Twenty Dollars
($20.00) payable at the time a request for compiling such information on said form is filed The
Clerk and Treasurer shall have a minimum of three (3) business days during the regular work
week to satisfy such requests. Neither the Town nor its officials assume any liability when
providing this service.
SEC. 3-1-17 LIABILITY OF THE TOWN FOR ACTS OF AGENTS.
No agent of the Town having authority to employ, labor or to purchase materials, supplies or any
other commodities, may bind the Town or incur any indebtedness for which the Town may
become liable without approval of the Town Board. Each such employment or purchase order
shall be drawn against a specific appropriation, the money for which shall be available in the
Town treasury and not subject to any prior labor claims or material purchase orders at the time
when such employment is negotiated or purchase order drawn. The Town Clerk shall keep a
record of such employment and purchase orders and shall charge them against the proper
appropriation.
SEC. 3-1-18 ACCOUNTS RECEIVABLE BILLING PROCEDURES.
Billings by the Town may be paid within thirty (30) days after billing without interest.
Thereafter, interest may be charged at the rate of one and one-half percent (1-1/2%) per month or
any fraction thereof, until the following fifteenth (15th) day of November. Bills not paid on or
before the first (1st) day of November may have added to the total amount due one and one-half
percent (1-1/2%) of said charges and shall be entered on the tax roll as a special charge and
become a lien upon real estate.
SEC. 3-1-19 ANNUAL AUDITS.
A firm of certified public accountants may be employed each year by the Town, subject to the
confirmation of the Town Board, to conduct a detailed audit of the Town’s financial transactions
and its books and to assist the Town Treasurer in the management of the Town’s financial
affairs. These auditors may be employed on a calendar-year basis. The books audited shall, in
addition to the Town financial records of the office of the Treasurer, include books of any other
boards, commission, officers or employees of the Town handling Town monies.
SEC. 3-1-20 FEE FOR RETURNING CHECKS WITH INSUFFICIENT
FUNDS; REIMBURSEMENT OF COLLECTION COSTS.
a) There shall be a fee in accordance with the Town Board’s current fee schedule for processing
checks made payable to the Town that are returned because of insufficient funds.
b) Collection costs and attorneys fees shall be added to the principal amounts of unpaid bills
owed to the Town that are placed with collection agencies or with the Town Attorney for
collection.
SEC. 3-1-21 DELINQUENT PERSONAL PROPERTY TAXES.
a) Pursuant to the authority of Sec. 74.80(2), Wis. Stats., the Town hereby imposes a penalty of
one and one-half percent (1.5%) per month or fraction of a month, in addition to the interest
prescribed by Sec. 74.80(1), Wis. Stats., on all overdue or delinquent personal property taxes
retained for collection by the Town or eventually charged back to the Town by the County
for purposes of collection under Sec. 74.31, Wis. Stats.
b) This penalty of one and one-half percent (1.5%) per month or fraction of a month shall apply
to any personal property taxes which are overdue or delinquent.
SEC. 3-1-22 POLICY FOR PUBLIC DEPOSITS AND INVESTMENTS.
a) Purpose. It is in the interest of the Town to adopt a policy to insure continuous prudent
deposits and investments of available Town funds. The Town Board establishes the
following policies in the public interest for the deposit and investment of available Town
funds.
b) Public Depositories.
1) Depositories. The Town Board shall, by ordinance or resolution, designate one (1) or
more public depositories, organized and doing business under the laws of this state or
federal law, and located in Wisconsin, in which the Town Treasurer shall deposit all
public monies received by her/him.
2) Limitations. The resolution or ordinance designating one (1) or more public depositories
shall specify whether the monies shall be maintained in time deposits subject to the
limitations of Sec. 66.0603, Wis. Stats., demand deposits or savings deposits, and
whether a surety bond or other security shall be required to be furnished under Sec.
34.07, Wis. Stats., by the public depository to secure the repayment of such deposits. Not
more than Five Hundred Thousand Dollars ($500,000) shall be deposited in any one (1)
public depository, unless specifically authorized by the Board.
3) Deposits. The Treasurer shall deposit public monies in the name of the Town in such
public depositories designated by the Board and subject to the limitations hereinabove set
forth.
4) Withdrawals. Withdrawals or disbursements by the Treasurer of monies deposited in a
public depository shall be made as provided by Sections 66.0607 Wis. Stats. The
Treasurer is authorized, at her/his discretion, to process periodic payments through the
use of money transfer techniques as set forth in Sec. 66.0607(3m), Wis. Stats.
c) Investments.
1) Management. Subject to the provisions of this policy, the Treasurer shall have control of
and discretion in the investment of all Town funds that are not immediately needed and
are available for investment.
2) Intent. It is the intent of the Board that the Treasurer utilize a wise and prudent cash
management system within the level of her/his expertise in such a manner to insure
maximum investment earnings, while at the same time be able to respond promptly to
authorized expenditures. Safety, liquidity and yield will be the prime requisites for the
investment of Town funds.
3) Scope. This policy is limited in its application to funds which are not immediately needed
and are available for investment. Other funds, the investment of which is subject to
special federal and/or state laws and regulations, shall be invested in accordance with
such laws and regulations to the extent they may be inconsistent with the provisions of
this policy.
4) Responsibility. In exercising her/his investment responsibilities, the Treasurer shall
exercise the care, skill, prudence and diligence under the circumstances then prevailing
that a prudent person acting in a similar capacity, having the same resources, and familiar
with like matters in the management of a similar activity, with a like purpose.
5) Investments. The investment of Town funds shall be in accordance with Sections
34.01(5) and 66.0603, Wis. Stats., as follows:
a. Certificates of Deposit. Certificates of deposit maturing within three (3) years or less
from the date of investment issued by any banks, savings bank, trust company,
savings and loan associations or credit unions which are authorized to transact
business in the State of Wisconsin. The financial institutions must have been
designated as a public depository of the Town by resolution or ordinance of the Town
Board.
b. Government Bonds and Securities. Government bonds or securities which are
issued or guaranteed as to principal and interest by the federal government, or by a
board, commission, or other instrumentality of the federal government;
c. Other Bonds. Bonds or securities of any county, city, drainage district, technical
college district, village, town or school district of this State; bonds issued by a local
exposition district under subchapter II of Chapter 229; bonds issued by a local
professional baseball park district under subchapter III of Chapter 229; bonds issued
by a local professional football stadium district created under subchapter IV of
Chapter 229; bonds issued by the University of Wisconsin Hospitals and Clinics
Authority; bonds issued by a local cultural arts district under subchapter V of Chapter
229.
d. Government Investment Pool. The Wisconsin Local Government Pool Investment
Fund without restriction as to the amount of deposit or collateralization.
e. Repurchase Agreements. Repurchase agreements, in financial institutions
authorized to conduct business in the State of Wisconsin. Repurchase agreements can
only be made in securities which are direct obligations of or guaranteed as to
principal and interest by the federal government; and, securities which are obligations
of an agency, commission, board or other instrumentality of the federal government,
where principal and interest are guaranteed by the federal government. Securities
purchased by a repurchase agreement must be placed in safekeeping in a segregated
account in the Town’s name at any designated public depository or approved
financial institution.
f. Wisconsin Investment Trust. Town funds may be invested in the Wisconsin
Investment Trust without restrictions as to the amount of deposit or collateralization.
g. Savings Deposit. Town funds may be temporarily invested in savings deposits.
h. Securities. Any security which matures or which may be tendered for purchase at the
option of the holder within not more than seven (7) years of the date on which it is
acquired, if it has a rating which is the highest or 2nd highest rating category assigned
by Moody’s Investors Service, Standard & Poor’s Corporation or other similar
nationally recognized rating agency, or if that security is senior to, or on a parity with,
a security of the same issuer which has such a rating.
i. Other. Any other investment vehicles authorized by law.
d) Miscellaneous.
1) Liability. Notwithstanding any other provision of law, the Town Treasurer who deposits
public monies in any public depository, in compliance with Sec. 34.05, Wis. Stats., is,
under the provisions of Sec. 34.06, Wis. Stats., relieved of any liability for any loss of
public monies which results from the failure of any public depository to repay to the
public depositor the full amount of its deposits, thus causing a loss as defined in Sec.
34.01(2), Wis. Stats.
2) Definitions. Words or phrases shall, insofar as applicable, have the meaning set forth in
Sec. 34.01, Wis. Stats., as amended.
(3) Conflicts. This Section is enacted in accordance with the provisions of Chapter 34 and
Section 66.0603 and 66.0607, Wis. Stats. In case of conflict, the state laws shall prevail.
Cross-Reference: Section 3-1-12.
State Law Reference: Chapter 34 and Ss. 66.0603 and 66.0607, Wis. Stats.
CHAPTER 2
Special Assessments
3-2-1
3-2-2
3-2-3
3-2-4
3-2-5
3-2-6
3-2-7
3-2-8
3-2-9
3-2-10
3-2-11
3-2-12
3-2-13
Town Board May Levy Special Assessments
Resolution and Report Required
Costs That May Be Paid By Special Assessment
Exemptions; Deductions
Notice of Proposed or Approved Project
Board Actions After Hearing
Combined Assessments
Board’s Power to Amend, Cancel or Confirm special Assessment
Where Cost of Improvement is Less Than Assessment
Appealed Assessments Payable When Due
Special Assessment a Lien on Property
Special Charges Permissible
SEC. 3-2-1
TOWN BOARD MAY LEVY SPECIAL ASSESSMENTS.
a) The Town, by resolution of its Town Board, may levy and collect special assessments upon
property in a limited and determinable area for special benefits conferred upon such property
by any municipal work or improvement and may provide for the payment of all or any part of
the cost of the work or improvement.
b) The amount assessed against any property for any work or improvement which does not
represent an exercise of the police power shall not exceed the value of the benefits accruing
to the property therefrom, and for those representing an exercise of the police power, the
assessment shall be upon a reasonable basis as determined by the Town Board.
SEC. 3-2-2
RESOLUTION AND REPORT REQUIRED.
a) Prior to making any such special assessments, the Town Board shall declare by preliminary
resolution its intention to exercise such powers for a stated municipal purpose. Such
resolution shall describe generally the contemplated purpose, the limits of the proposed
assessment district, the number of installments in which the special assessments may be paid
or that the number of installments will be determined at the hearing required under Section 32-5 of this Chapter and direct the proper municipal officer or employee to make a report
thereon. Such resolution may limit the proportion of the cost to be assessed.
b) The report required by Subsection (a) shall consist of:
1) Preliminary or final plans and specifications.
2) An estimate of the entire cost of the proposed work or improvement.
3) An estimate as to each parcel of property affected of:
a. The assessment of benefits to be levied.
b. The damages to be awarded for property taken or damaged.
c. The net amount of such benefits over damages or the net amount of such damages
over benefits.
4) A statement that the property against which the assessments are proposed is benefited,
where the work or improvements constitute an exercise of the police power. In such case,
the estimated required under Subsection (3) shall be replaced by a schedule of the
proposed assessments.
(5) A copy of the report when completed shall be filed with the Town Clerk for public
inspection.
SEC. 3-2-3
COSTS THAT MAY BE PAID BY SPECIAL ASSESSMENT.
The cost of any work or improvement to be paid in whole or in part by special assessment on
property may include the direct and indirect cost thereof, the damages occasioned thereby, the
interest on bonds or notes issued in anticipation of the collection of the assessments, a reasonable
charge for the services of the administrative staff of the Town and the cost of any architectural,
engineering and legal services, and any other item of direct or indirect cost which may
reasonably be attributed to the proposed work or improvement. The amount to be assessed
against all property for any such proposed work or improvement shall be apportioned among the
individual parcels in the manner designated by the Board.
SEC. 3-2-4
EXEMPTIONS; DEDUCTIONS.
a) If any property deemed benefited shall, by reason of any provision of law, be exempt from
assessment therefor, such assessment shall be computed and shall be paid by the Town.
b) A parcel of land against which has been levied a special assessment for the sanitary sewer or
water main laid in one of the streets upon which it abuts shall be entitled to such deduction or
exemption as the Board determines to be reasonable and just under the circumstances of each
case, when a special assessment is levied for the sanitary sewer or water main laid in the
other street upon which such corner lot abuts. Under any circumstance, the assessment will
not be less than the long way of such lot. The Board may allow a similar deduction or
exemption from special assessments levied for any other public improvement.
SEC. 3-2-5
NOTICE OF PROPOSED OR APPROVED PROJECT.
On the completion and filing of the report required in Section 3-2-2 (b) (5) of this Chapter, the
Town Clerk shall give notice stating the nature of the proposed or approved work or
improvement, the general boundary lines of the proposed assessment district, the place and time
at which the report may be inspected and the place and time at which all interested persons, their
agents or attorneys may appear before the Town Board or Committee thereof and be heard
concerning the matters contained in the preliminary resolution and report. Such notice shall be
given either by publication in the official Town newspaper and a copy of said notice shall be
mailed to each interested person whose post office address is known. The hearing shall
commence not less than ten (10) days and not more than forty (40) days after the publication or
posting of said notice.
SEC. 3-2-6
BOARD ACTIONS AFTER HEARING.
a) After the hearing, the Town Board may approve, disapprove, modify or re-refer the report to
the designated officer or employee with such directions as it deems necessary to change the
plans and specifications so as to accomplish a fair and equitable assessment.
b) If an assessment is made against any property and an award of compensation or damage is
made in favor of the property, the Town Board shall assess only the difference between such
assessment of benefits and the award of compensation or damage.
c) (1) If the work or improvement has not been previously authorized or approved, the Town
Board shall approve the work or improvement and, by resolution, direct that the same be
done and paid for in accordance with the report finally approved.
(2) If the work or improvement has been approved by the Town Board or work commenced
or completed prior to the filing of the report or prior to the hearing, then the Town Board
shall, by resolution, confirm the report as made or modified and provide for payment in
whole or in part by assessment.
d) The Town Clerk shall publish the final resolutions as required in Section 3-2-5 of this
Chapter.
e) After the publication of the final resolution, any work or improvement provided for and not
yet authorized shall be deemed fully authorized and all awards of compensation or damage
and all assessments made shall be deemed duly and properly made, subject to the right of
appeal under Section 66.0703(12), Wis. Stats., or any other applicable provision of law.
SEC. 3-2-7
COMBINED ASSESSMENTS.
If more than a single improvement is undertaken, the Board may combine the assessments as a
single assessment on each property affected except that the property owner may object to any
one (1) or more of said improvements.
SEC. 3-2-8
BOARD’S POWER TO AMEND, CANCEL OR CONFIRM SPECIAL
ASSESSMENT.
If, after completion or after the receipt of bids, the actual cost of any work or improvement is
found to vary materially from the original estimate, or the assessment is void or invalid for any
reason, or if the Board determines to reconsider an assessment, it is empowered, after giving
notice as required in Section 3-2-5 to amend, cancel or confirm any prior assessment, and notice
of this amending, canceling or confirming be given by the Clerk as provided in Section 3-2-6 of
this Chapter.
SEC. 3-2-9 WHERE COST OF IMPROVEMENT IS LESS THAN ASSESSMENT.
If the cost of the work or improvement is less than the assessment levied, the Board, without
notice or hearing, shall reduce each assessment proportionately. If the assessment has been paid
either in part or in full, the Town shall refund the property owner such overpayment.
SEC. 3-2-10
APPEALED ASSESSMENTS PAYABLE WHEN DUE.
Pursuant to Subsection (12)(f) of Section 66.0703, Wis. Stats., it shall be a condition to the
maintenance of any appeal that any assessment appealed shall be paid when due and payable and
upon default in payment any such appeal shall be dismissed.
SEC. 3-2-11 SPECIAL ASSESSMENT A LIEN ON PROPERTY.
Pursuant to Subsection (13) of Section 66.0703, Wis. Stats., any special assessment levied under
this Chapter shall be a lien on the property against which it is levied on behalf of the Town or
appropriate utility district. The Board shall provide for the collection of such assessments and
may establish penalties for payment after the due date. The Board shall provide that all
assessments not paid by the date specified shall be extended upon the tax roll as a delinquent tax
against the property and all proceedings in relation to the collection of such delinquent taxes
shall apply to such assessment, except as otherwise provided by statute.
SEC. 3-2-12 SPECIAL CHARGES PERMISSIBLE.
a) In addition to all other methods provided by law, special charges for current services may be
imposed by the Town Board by allocating all or part of the cost of the property served. Such
may include snow and ice removal, weed elimination, street sprinkling, oiling or tarring,
repair of sidewalks or curb and gutter, garbage and refuse. disposal, recycling, storm water
management, including construction of storm water management facilities, removal and
disposition of dead animals under 60.23(20), Wis. Stats., soil conservation work under
section 92.11, Wis. Stats., snow removal under section 86.105, Wis. Stats., and tree care or
removal. The provision for notice of such charges shall be optional with the Board except
that, in the case of street, sidewalk, curb or gutter repair, twenty (20) days’ notice of public
hearing shall be published in the Town newspaper and a copy of such notice mailed to every
interested person whose post office address is known, at least ten (10) days before the
hearing or proceeding. Such notice shall specify the date, time and location of the hearing to
be held by the Board as to whether the service in question shall be funded in whole or in part
by a special charge.
b) Special charges are not be payable in installments. If not paid within the period fixed by the
Board, the charge is delinquent and the delinquent charge shall become a lien as provided in
Section 3-2-11 of this Chapter.
c) Section 3-2-2(a) of this Chapter shall not be applicable to proceedings under this Section.
SEC. 3-2-13 MISCELLANEOUS PROVISIONS.
a) If any assessment or charge levied under this Chapter is invalid because such statutes are
found to be unconstitutional, the Board may thereafter reassess such assessment or charge
pursuant to the provisions of any applicable law.
b) The Board may, without notice or hearing, levy and assess all or any part of the cost of any
work or improvement upon the property benefited if notice and hearing is waived in writing
by property owners affected.
c) Notwithstanding any other provision of law or this or other Ordinance or resolution, it is
specifically intended and provided by this Chapter that the Town may levy special
assessments for work or improvement against the property benefited either before or after the
approval of the work plans and specifications, contracting for the work or completing the
work or improvement.
CHAPTER 3
Public Records
3-3-1
3-3-2
3-3-3
3-3-4
3-3-5
3-3-6
3-3-7
3-3-8
3-3-9
SEC. 3-3-1
Definitions
Duty to Maintain Records
Legal Custodian(s)
Public Access to Records
Access Procedures
Limitations on Right to Access
Destruction of Records
Preservation Through Microfilm
Taped Records of Meetings
DEFINITIONS.
The following definitions shall be applicable in this Chapter:
a) “Authority” means any of the following Town entities having custody of a Town record: an
office, elected official, agency, board, commission, committee, council, department or public
body corporate and politic created by constitution, law, ordinance, rule or order; or a
formally constituted subunit of the foregoing.
b) “Custodian” means that officer, department head, division head or employee of the Town
designated under Section 3-3-3 or otherwise responsible by law to keep and preserve any
Town records or file, deposit or keep such records in his or her office, or is lawfully in
possession or entitled to possession of such public records and who is required by this
Section to respond to requests for access to such records.
c) “Record” means any material on which written, drawn, printed, spoken, visual or
electromagnetic information is recorded or preserved, regardless of physical form or
characteristics, which has been created or is being kept by an authority. “Record” includes,
but is not limited to, handwritten, typed or printed pages, maps, charts, photographs, films,
recordings, tapes (including computer tapes), and computer printouts. “Record” does not
include drafts, notes, preliminary computations and like materials prepared for the
originator’s personal use or prepared by the originator in the name of a person for whom the
originator is working; materials which are purely the personal property of the custodian and
have no relation to his or her office; materials to which access is limited by copyright, patent
or bequest; and published materials in the possession of an authority other than a public
library which are available for sale, or which are available for inspection at a public library.
d) “Town” shall mean the Town of Fond du Lac, Fond du Lac County, Wisconsin, and its
administrative subunits.
SEC. 3-3-2
DUTY TO MAINTAIN RECORDS.
a) Authority. The Town Board has the specific authority, powers and duties, pursuant to
Sections 19.21, 19.22, 19.23, 19.31, 19.33, 19.34, 19.35, 19.36, 19.37, 19.84, 19.85, 60.22,
and 60.83, Wis. Stats., to manage and direct certain affairs related to Town public records.
b) Public Record and Public Property Responsibilities. All public records and public
properties belonging to the Town, including records and public properties of officers, special
offices, committees, commissions, agencies, authorities, boards or other special government
units of the Town shall be safely kept, properly maintained and carefully preserved by the
legal custodian thereof when:
1) These officers, employees or agents receive custody of the public records and public
property from their predecessor or other persons.
2) These public records and public properties are required by state law or by Town
ordinance to be filed, deposited or kept in the offices of these officers, employees or
agents.
3) These public records and public properties are in lawful possession of these officers,
employees or agents or the possession or control of which these officers, employees or
agents may be lawfully entitled by state law or by Town.
c) Responsibility of Office. Except as provided under Section 3-3-7, each officer and employee
of the Town shall safety keep and preserve all records received from his or her predecessor or
other persons and required by law to be filed, deposited or kept in his or her office or which
are in the lawful possession or control of the officer or employee or his or her deputies, or to
the possession or control of which he or she or they may be lawfully entitled as such officers
or employees.
d) Responsibility Upon Expiration of Officer’s Term. Upon the expiration of an officer’s
term of office or an employee’s term of employment, or whenever the office or position of
employment becomes vacant, each such officer or employee shall deliver to his or her
successor all records then in his or her custody and the successor shall receipt therefor to the
officer or employee, who shall file said receipt with the Town Clerk. If a vacancy occurs
before a successor is selected or qualifies, such records shall be delivered to and receipted for
by the Clerk, on behalf of the successor, to be delivered to such successor upon the latter’s
receipt.
SEC. 3-3-3
LEGAL CUSTODIAN(S).
a) Each elected official is the legal custodian of his or her records and the records of his or her
office, but the official may designate an employee of his or her staff to act as the legal
custodian.
b) Unless otherwise prohibited by law, the Town Clerk or his/her designee shall act as legal
custodian for all Town records, the Board and for any committees, commissions, boards or
other authorities created by ordinance or resolution of the Board, except that the Town
Treasurer shall be the legal custodian for all records in his/her possession. In the event that
the Clerk is not available, then the Clerk shall designate someone to act in his/her behalf as
legal custodian.
c) For every authority not specified in Subsections (a) and (b), the authority’s chief
administrative officer is the legal custodian for the authority, but the officer may designate an
employee of his or her staff to act as the legal custodian.
d) Each legal custodian shall name a person to act as legal custodian in his or her absence or the
absence of his or her designee.
e) The legal custodian shall have full legal power to render decisions and to carry out the duties
of an authority under Subch. 11 of Ch. 19, Wis. Stats., and this Chapter. The designation of a
legal custodian does not affect the powers and duties of an authority under this Section.
SEC. 3-3-4
PUBLIC ACCESS TO RECORDS.
a) Except as provided in Section 3-3-6, any person has a right to inspect a record and to make or
receipt a copy of any record as provided in Sec. 19.35(1), Wis. Stats.
b) Records will be available for inspection and copying during all regular office hours.
c) If regular office hours are not maintained at the location where records are kept, the records
will be available for inspection and copying upon at least forty-eight (48) hours’ advance
notice of intent to inspect or copy.
d) A requester shall be permitted to use facilities comparable to those available to Town
employees to inspect, copy or abstract a record.
e) The legal custodian may require supervision during inspection or may impose other
reasonable restrictions on the manner of access to an original record if the record is
irreplaceable or easily damaged. No original public records of the Town shall be removed
from the possession of the legal custodian.
f) A requester shall be charged a fee .to defray the cost of locating and copying records as
follows:
1) The cost of photocopying shall be a per page fee in accordance with the Town Board’s
current fee schedule excluding accident reports. The Town may charge actual, necessary
costs in duplicating or communicating requested records, including facsimile
transmissions. Said cost has been calculated not to exceed the actual, necessary and direct
cost of reproduction.
2) If the form of a written record does not permit copying, the actual and necessary cost of
photographing and photographic processing shall be charged. The Town is not required
to purchase or lease for any requesting person any equipment or facilities for
photocopying, photographing or other copying.
3) The actual full cost of providing a copy of other records not in printed form on paper,
such as films, computer printouts and audio- or video-tapes, shall be charged.
4) If mailing or shipping is necessary, the actual cost thereof shall also be charged.
5) There shall be no charge for locating a record unless the actual cost therefor exceeds Fifty
Dollars ($50.00) in which case the actual cost shall be determined by the legal custodian
and billed to the requester. The Town will determine the cost of locating a record by
using the hourly rate in accordance with the Board’s current fee schedule for employees
involved in attempting to locate the record.
6) The legal custodian shall estimate the cost of all applicable fees and may require a cash
deposit adequate to assure payment, if such estimate exceeds Five Dollars ($5.00).
7) Elected and appointed officials of the Town shall not be required to pay for public
records they may reasonably require for the proper performance of their official duties.
8) The legal custodian may provide copies of a record without charge or at a reduced charge
where he or she determines that waiver or reduction of the fee is in the public interest.
g) Pursuant to Sec. 19.34, Wis. Stats., and the guidelines therein listed, each authority shall
adopt, prominently display and make available for inspection and copying at its offices, for
the guidance of the public, a notice containing a description of its organization and the
established times and places at which, the legal custodian from whom, and the methods
whereby, the public may obtain information and access to records in its custody, make
requests for records or obtain copies of records, and the costs thereof. Each authority shall
also prominently display at its offices, for the guidance of the public, a copy of Sections 3-34 through 3-3-6 of this Chapter. This Subsection does not apply to members of the Town
Board.
SEC. 3-3-5
ACCESS PROCEDURES.
a) 1) A request to inspect or copy a record shall be made to the legal custodian. A request shall
be deemed sufficient if it reasonably describes the requested record or the information
requested. However, a request for a record without a reasonable limitation as to subject
matter or length of time represented by the record does not constitute a sufficient request.
2) A request may be made orally, but a request must be in writing before an action to
enforce the request is commenced under Sec. 19.37, Wis. Stats.
3) Except as provided below, no request may be refused because the person making the
request is unwilling to be identified or to state the purpose of the request. No request may
be refused because the request is received by mail, unless prepayment of a fee is required
under Section 3-3-4(f)(6).
4) The legal custodian can not request the name of the requesting person or the reasons for
the need to access the public record except if the legal custodian keeps the public record
at a private residence, or if the legal custodian, for security reasons, believes
identification is necessary and appropriate or except if federal law and regulations
requires identification of the requesting person. A requester may be required to show
acceptable identification whenever the requested record is kept at a private residence or
whenever security reasons or federal law or regulations so require.
b) Each custodian, upon request for any record, shall, as soon as practicable and without delay,
either fill the request or notify the requester of the authority’s determination to deny the
request in whole or in part and the reasons therefor. If the legal custodian, after conferring
with the Town Attorney, determines that a written request is so general as to be unduly time
consuming, the party making the request may first be required to itemize his or her request in
a manner which would permit reasonable compliance.
c) A request for a record may be denied as provided in Section 3-3-6. If a request is made
orally, the request may be denied orally unless a demand for a written statement of the
reasons denying the request is made by the requester within five (5) business days of the oral
denial. If a written request is denied in whole or in part, the requester shall receive a written
statement of the reasons for denying the request. Every written denial of a request shall
inform the requester that, if the request for the record was made in writing, then the
determination is subject to review upon petition for a writ of mandamus under Sec. 19.37(1),
Wis. Stats., or upon application to the attorney general or a district attorney.
SEC. 3-3-6
LIMITATIONS ON RIGHT TO ACCESS.
(a) As provided by Sec. 19.36, Wis. Stats., the following records are exempt from inspection
under this Chapter.
1) Records specifically exempted from disclosure by state or federal law or authorized to be
exempted from disclosure by state law;
2) Any record relating to investigative information obtained for law enforcement purposes if
federal law or regulations require exemption from disclosure or if exemption from
disclosure is a condition to receipt of aids by the state;
3) Computer programs, although the material used as input for a computer program or the
material produced as a product of the computer program is subject to inspection; and
4) Pursuant to Sec. 905.08, Wis. Stats., a record or any portion of a record containing
information qualifying as a common law trade secret. “Trade secrets” are defined as
unpatented, secret, commercially valuable plans, appliances, formulas, or processes,
which are used for making, preparing, compounding, treating or processing articles,
materials or information which are obtained from a person and which are generally
recognized as confidential.
b) As provided by Sec. 43.30, Wis. Stats., public library circulation records are exempt from
inspection under this Section.
c) In responding to a request for inspection or copying of a record which is not specifically
exempt from disclosure, the legal custodian, after conferring with the Town Attorney, may
deny the request, in whole or in part, only if he or she determines that the harm to the public
interest resulting from disclosure would outweigh the public interest in full access to the
request record. Examples of matters for which disclosure may be refused include, but are not
limited to, the following:
1) Records obtained under official pledges of confidentiality which were necessary and
given in order to obtain the information contained in them.
2) Pursuant to Sec. 19.85(1)(a), Wis. Stats., records of current deliberations after a quasijudicial hearing.
3) Pursuant to Sec. 19.85(1)(b) and (c), Wis. Stats., records of current deliberations
concerning employment, dismissal, promotion, demotion, compensation, performance or
discipline of any Town officer or employee, or the investigation of charges against a
Town officer or employee, unless such officer or employee consents to such disclosure.
4) Pursuant to Sec. 19.85(1)(d), Wis. Stats., records concerning current strategy for crime
detection or prevention.
5) Pursuant to Sec. 19.85(1)(e), Wis. Stats., records of current deliberations or negotiations
on the purchase of Town property, investing of Town funds or other Town business
whenever competitive or bargaining reasons require nondisclosure.
6) Pursuant to Sec. 19.85 (1) (f), Wis. Stats., financial, medical, social or personal histories
or disciplinary data of specific persons which, if disclosed, would be likely to have a
substantial adverse effect upon the reputation of any person referred to in such history or
data.
7) Pursuant to Sec. 19.85(1)(g), Wis. Stats., communications between legal counsel for the
Town and any officer, agent or employee of the Town, when advice is being rendered
concerning strategy with respect to current litigation in which the Town or any of its
officers, agent or employees is or is likely to become involved, or communications which
are privileged under Sec. 905.03, Wis. Stats.
8) Pursuant to Sec. 19.85(1)(h), Wis. Stats., requests for confidential written advice from an
ethics board and records of advice given by such ethics board on such requests.
d) If a record contains information that may be made public and information that may not be
made public, the custodian of the record shall provide the information that may be made
public and delete the information that may not be made public from the record before release.
The custodian shall confer with the Town Attorney prior to releasing any such record and
shall follow the guidance of the Town Attorney when separating out the exempt material. If,
in the judgment of the custodian and the Town Attorney, there is no feasible way to separate
the exempt material from the nonexempt material without unreasonably jeopardizing
nondisclosure of the exempt material, the entire record shall be withheld from disclosure.
SEC. 3-3-7
DESTRUCTION OF RECORDS.
a) Town officers may destroy the following nonutility financial records of which they are the
legal custodians and which are considered obsolete, after completion of any required audit by
the Department of Revenue or an auditor licensed under Chapter 442 of the Wisconsin
Statutes but not less than seven (7) years after payment or receipt of any sum involved in the
particular transaction, unless a shorter period has been fixed by the State Public Records
Board pursuant to Sec. 16.6 1(3)(e), Wis. Stats., and then after such shorter period:
1) Bank statements, deposit books, Slips and stubs.
2) Bonds and coupons after maturity.
3) Canceled checks, duplicates and check stubs.
4) License and permit applications, stubs and duplicates.
5) Payrolls and other time and employment records of personnel included under the
Wisconsin Retirement Fund.
6) Receipt forms.
7) Special assessment records.
8) Vouchers, requisitions, purchase orders and all other supporting documents pertaining
thereto.
b) Town officers may destroy the following utility records of which they are the legal
custodians and which are considered obsolete after completion of any required audit by the
bureau of municipal audit or an auditor licensed under Chapter 442 of the Wisconsin
Statutes, subject to State Public Service Commission regulations, but not less than seven (7)
years after the record was effective unless a shorter period has been fixed by the State Public
Records Board pursuant to Sec. 16.61(3)(e), Wis. Stats., and then after such a shorter period,
except that water stubs, receipts of current billings and customers’ ledgers may be destroyed
after two (2) years.
1) Contracts and papers relating thereto;
2) Excavation permits;
3) Inspection records.
c) Town officers may destroy the following records of which they are the legal custodian and
which are considered obsolete, but not less than seven (7) years after the record was effective
unless another period has been set by statute, and then after such a period, or unless a shorter
period has been fixed by the State Public Records Board pursuant to Sec. 16.61(3)(e), Wis.
Stats., and then after such a shorter period.
1) Contracts and papers relating thereto.
2) Correspondence and communications.
3) Financial reports other than annual financial reports.
4) Justice dockets.
5) Oaths of office.
6) Reports of boards, commissions, committees and officials duplicated in the Town Board
proceedings.
7) Election notices and proofs of publication.
8) Canceled voter registration cards.
9) Official bonds.
10) Police records other than investigative records.
11) Resolutions and petitions.
c) Unless notice is waived by the State Historical Society, at least sixty (60) days’ notice shall
be given the State Historical Society prior to the destruction of any record as provided by
Sec. 19.21(4)(a), Wis. Stats.
SEC. 3-3-8
PRESERVATION THROUGH MICROFILM.
Any Town officer, or the director of any department or division of Town government may,
subject to the approval of the Town Board, keep and preserve public records in his or her
possession by means of microfilm or other photographic reproduction method. Such records
shall meet the standards for photographic reproduction set forth in Sec. 16.61(7)(a) and (b), Wis.
Stats. and shall be considered original records for all purposes. Such records shall be preserved
along with other files of the department or division and shall be open to public inspection and
copying according to the provisions of state law and of Sections 3-3-4 through 3-3-6 of this
Chapter.
SEC. 3-3-9
TAPED RECORDS OF MEETINGS.
The Town Board, any office, any special office, committee, any commission, any agency, any
authority, any board or any other special government units of the Town and their officers, their
employees and their agents of the aforesaid may destroy any taped records of any public meeting
of the aforesaid no sooner than ninety (90) days after the public meeting minutes have been
approved by the appropriate government unit if the purpose of the tape recording was to make
and maintain minutes of the public meeting.
CHAPTER 4
Public Building Use
3-4-1
3-4-2
Authority
Public Building Access and Use
SEC. 3-4-1
AUTHORITY.
The Town Board has the specific authority, powers and duties pursuant to Sections 60.10, 60.22,
and 101.13, Wis. Stats., and specific statutory authority, powers and duties with authorization of
the Town meeting, to purchase, lease, construct and dispose buildings and property for the Town
and to manage and direct certain affairs related to Town buildings and lands.
SEC. 3-4-2
PUBLIC BUILDING ACCESS AND USE.
a) Authority for Public Access. The Town Board has the authority to establish dates and times
for public access to the public buildings and public lands owned or leased by the Town. In
addition, the Board has the authority to place additional restrictions on the use of the public
buildings and public lands owned or leased by the Town.
b) Town Hall.
1) The Town Hall shall be open to the public as posted unless written notice to the contrary
is posted at the usual and customary locations in the Town.
2) The Town Hall shall be open to the public at other times with the approval of the Town
Board. The use of the Town Hall may be provided for nongovernmental functions and
events. The Board may charge a daily rental fee for such use to the responsible party. In
addition to the rental fee, the Board may require that the responsible party provide a
written indemnification and/or a policy of insurance to indemnify and hold harmless the
Town from any costs, damages or expenses the Town may incur as a result of any injury
to any person at or near the Town Hall.
3) Town Hall users shall be required to pay to the Town a security deposit in an amount
determined by resolution of Board, or its designee. Such security deposit may be
refunded, in all or part, upon a finding that the premises were left in a satisfactory
condition.
c) Litter and Discharge.
1)
The Board does not permit the disposal or discharge of any litter, solid waste,
hazardous waste, garbage or any other refuse in any Town public building or on the
premises of any Town building except in disposal containers authorized by the Town.
2)
No person shall dispose or discharge the above noted waste in violation of this
provision. Any person violating this provision shall immediately and totally reclaim
and remove the disposed or discharged waste from the Town public building.
CHAPTER 5
Room Tax
3-5-1
3-5-2
3-5-3
3-5-4
3-5-5
3-5-6
3-5-7
3-5-8
3-5-9
3-5-10
3-5-11
3-5-12
3-5-13
3-5-14
Definitions
Imposition of Room Tax
Schedule of Payments
Applications
Issuance of Permit
Sale of Business
Audits
Failure to File Return
Interest on Unpaid Taxes
Late Filing Fee
Records
Confidentiality
Penalty
Interpretation
SEC. 3-5-1
DEFINITIONS.
As used in this Chapter:
a) Bed and Breakfast. The meaning as defined in Sec. 254.61(1), Wis. Stats., insofar as
applicable.
b) Gross Receipts. The meaning as defined in Sec. 77.51(11)(a), (b), and (c), Wis. Stats.,
insofar as applicable.
c) Hotel or Motel. A group of buildings in which the public may obtain accommodations for a
consideration, including, without limitation, such establishments as inns, motels, tourist
homes, tourist homes or courts, apartment hotels, resort lodges and cabins and any other
building or group of buildings in which accommodations are available to the public, except
accommodations rented for a continuous period of more than one (1) 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 inures to the benefit of any private shareholder or individual, and excepting
mobile home parks.
d) Transient. Any person residing for continuous period less than one (1) month in a hotel,
motel or other furnished accommodations available to the public.
SEC. 3-5-2
IMPOSITION OF ROOM TAX.
a) Pursuant to Sec. 66.0615, Wis. 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, bed
and breakfast operators, and other persons furnishing accommodations available to the
public, irrespective of whether membership is required for the use of the accommodations.
Such tax shall be capped at the rate of five percent (5%) of the gross receipts from such retail
furnishings of rooms or lodging. Such tax shall not be subject to the selective sales tax
imposed by Sec. 77.52(2)(a) 1., Wis. Stats.
b) The Convention and Visitors Bureau is the principal organizational for the purpose of
promotion of convention and tourist business and shall receive all moneys collected from the
five percent (5%) room tax minus the Town’s cost of administration. The organization shall
permit and allow inspections of its records pertaining to the use of the room tax funds upon
request of the Town Board, at reasonable times.
SEC. 3-5-3
SCHEDULE OF PAYMENTS.
a) This Section shall be administered by the Town Treasurer. The tax imposed for each calendar
month is due and payable on the twentieth (20th) of the month next succeeding the calendar
month for which imposed. A return shall be filed with the Town Treasurer, by those
furnishing at retail such rooms and lodging on or before the same date on which such tax is
due and payable. Such return shall show the gross receipts of the preceding calendar month
from such retail furnishings of rooms or lodging, illustrating and indicating thereon any
exemption from an imposed room tax, billed to the State and/or its departments or agencies,
the amount of taxes imposed for such period and such other information as the Treasurer
deems necessary. Every person required to file such monthly return shall, with his/her first
(1st) return, file an annual calendar year return. Such annual return shall be filed within thirty
(30) days of the close of each such calendar year.
d) The annual return shall summarize the monthly returns, reconcile and adjust for errors in the
monthly returns, and shall contain certain such additional information as the Treasurer
requires. Such annual returns shall be made on forms prescribed by the Treasurer. All such
returns shall be signed by the person required to file a return or his/her duly authorized agent,
but need not be verified by oath. The Treasurer may, for good cause, extend the time for
billing any return, but in no event longer than one (1) month from the filing date.
SEC. 3-5-4
APPLICATIONS.
Every person furnishing rooms or lodging under Section 3-5-2(a) above, shall file an application
for a permit for each place of business with the Town Treasurer. Every application for a permit
shall be made upon a form prescribed by the Town Treasurer and shall set forth the name under
which the applicant transacts or intends to transact business, the location of his/her place of
business, and such other information as the Town Treasurer 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 the
Town Treasurer a fee for each permit. The application shall be accompanied by a check of One
Hundred Dollars ($100.00), payable to the Town Treasurer.
SEC. 3-5-5
ISSUANCE OF PERMIT.
a) After compliance with Section 3-5-4 above by the applicant, the Treasurer 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 be at all times be
conspicuously displayed at the place for which issued. No innkeeper shall operate in a
lodging facility without first obtaining a room tax permit for each lodging facility.
b) Any person aggrieved by this Chapter may petition the Board for a determination of such
grievance. The Board shall appoint three (3) disinterested persons to review and decide said
grievance.
SEC. 3-5-6
SALE OF BUSINESS.
If any person liable for any amount of tax under this Chapter sells out his business or stock of
goods or quits the business, the buyer in the transaction or new owner/operator will be
responsible for all outstanding room tax payments. If a person subject to the tax imposed by this
Chapter fails to withhold such amount of tax from the purchase price as required, he/she shall
become personally liable for payment of the amount required to be withheld by him/her to the
extent of the price of the accommodations valued in money.
SEC. 3-5-7
AUDITS.
a) The Treasurer may, by office audit, determine the tax required to be paid to the Town or the
refund due to any person under this Chapter. The determination may be made upon the basis
of the facts contained in the return being audited or on the basis of any other information
within the Treasurer’s possession. One (1) or more such office audit determination may be
made of the amount due for any one period or for more than one (1) period.
b) The Treasurer may, by field audit, determine the tax required to be paid to the Town or the
refund due to any person under this Chapter. The determination may be made upon the basis
of facts contained in the return being audited or upon any other information with the
Treasurer’s possession. The Treasurer is authorized to examine and inspect the State sales tax
records and memoranda of any person in order to verify the tax liability of that person or of
another person.
SEC. 3-5-8
FAILURE TO FILE RETURN.
If any person fails to file a return as required by this Chapter, the Treasurer shall make an
estimate of the amount of the gross receipts under Section 3-5-2 (a) above. Such estimate shall
be made for the period for which such person failed to make a return and shall be based upon the
State sales tax records and memoranda stated herein. On the basis of this estimate the Treasurer
shall compute and determine the amount required to be paid to the Town, adding to the sum thus
arrived at a penalty equal to ten percent (10%) thereof. One (1) or more such determinations may
be made for one (1) or more than one (1) period.
SEC. 3-5-9
INTEREST ON UNPAID TAXES.
All unpaid taxes under this Chapter shall bear interest at the statutory rate per annum from the
due date of the return until the first (1st) day of the month following the month in which the tax
is paid or deposited with the Town Treasurer. All refunded taxes shall bear interest at the
statutory rate per annum from the due date of the return until the first (1st) day of the month
following the month in which said taxes are refunded. An extension of time within which to file
a return shall not operate to extend the due date of the return for purposes of interest
computation.
SEC. 3-5-10 LATE FILING FEE.
Delinquent tax returns shall be subject to a late filing fee and the liquor license or other Town
licenses will be withheld or not renewed until the room tax is paid. The tax imposed by this
Section shall become delinquent if not paid:
a) In the case of a timely filed return, with thirty (30) days after the due date of the return, or
within thirty (30) days after the expiration of an extension period if one has been granted.
b) In the case of no return filed or a return filed late, by the due date of a return.
SEC. 3-5-11 RECORDS.
Every person liable for the tax imposed by this Section shall keep or cause to be kept such
records, receipts, invoices and other pertinent papers for two (2) years in such form as the Town
Treasurer requires.
SEC. 3-5-12 CONFIDENTIALITY.
a) All tax returns, schedules, exhibits, writings or audit reports relative to such returns on file
with the Treasurer are deemed to be confidential.
b) No person having any administrative duty under this Chapter 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, expenditures, or any particulars thereof set forth or disclosed in any return, or
permit any return or copy thereof to be seen or examined by any person, as provided in
Subsection (a) above.
SEC. 3-5-13
PENALTY.
Any person who is subject to the tax imposed by this Chapter who fails to obtain a permit as
required by3-5-4 above, or who fails or refuses to permit the inspection of his/her State sales tax
records by the Treasurer after such inspection has been requested by the Treasurer, or who fails
to file a return as provided in this Chapter, or who violated any other provision of this Chapter,
shall be subject to a forfeiture of not less than One Hundred Dollars ($100.00) nor more than
One Thousand Dollars ($1,000.00), together with costs of prosecution, including reasonable
attorneys’ fees. Each day that such violation continues shall be considered a separate offense.
SEC. 3-5-14 INTERPRETATION.
The provisions of this Chapter shall be considered minimum requirements. Where the provisions
of this Chapter imposes greater restrictions than any statute, other regulation, ordinance or
covenant, the provisions of this Chapter shall apply. Where the provisions of any statute, other
regulation, ordinance or covenant impose greater restrictions, the provisions of the statute, other
regulation, ordinance or covenant shall prevail.
TITLE 4
Administrative Determinations Review
CHAPTER 1
4-1-1
4-1-2
4-1-3
4-1-4
4-1-5
4-1-6
4-1-7
4-1-8
4-1-9
4-1-10
4-1-11
4-1-12
4-1-13
Determinations Reviewable
Determinations Not Subject to Review
Municipal Authority Defined
Persons Aggrieved
Reducing Determination to Writing
Request for Review of Determination
Review of Determination
Administrative Appeal
Hearing on Administrative Appeal
Final Determination
Judicial Review
Legislative Review
SEC. 4-1-1
REVIEW OF ADMINISTRATIVE DETERMINATIONS.
Any person aggrieved by an administrative determination of the Town Board or a board,
commission, committee, agency, officer or employee of the Town or agent acting on its behalf
may have such determination reviewed as provided in this Chapter. The remedies under this
Chapter shall not be exclusive, but an election to proceed hereunder shall be an election of
remedies.
SEC. 4-1-2
DETERMINATIONS REVIEWABLE.
The following determinations are reviewable under this Chapter:
a) The grant or denial in whole or in part, after application of an initial permit, license, right,
privilege or authority, except a fermented malt beverage or intoxicating liquor license.
b) The suspension, revocation or nonrenewal of an existing permit, license right, privilege or
authority, except as provided in Section 4-1-3(d).
c) The denial of a grant of money or other thing of value under a statute or ordinance
prescribing conditions of eligibility for such grant.
d) The imposition of a penalty or sanction upon any person except a municipal employee or
officer, other than by a court.
SEC. 4-1-3
DETERMINATIONS NOT SUBJECT TO REVIEW.
The following determinations are not reviewable under this Chapter:
a) A legislative enactment. A legislative enactment is an ordinance, resolution or adopted
motion of the Town Board.
b) Any action subject to administrative or judicial review procedures under state statutes or
other provisions of this Code.
c) The denial of a tort or contract claim for money required to be filed with the Town pursuant
to statutory procedures for the filing of such claims.
d) The grant, denial, suspension or revocation of a fermented malt beverage license under Ch.
125, Wis. Stats.
e) Judgments and orders of a court.
f) Determinations made during municipal labor negotiations.
g) The suspension, removal or disciplining or nonrenewal of a contract of a municipal employee
or officer.
h) Any action which the Town, by separate Ordinance or code adopted pursuant to section
68.16, Wis. Stats., elects not to be governed by this Chapter or by Chapter 68, Wis. Stats.
i) Notwithstanding any other provision of this Chapter, any action or determination of the
Town which does not involve the constitutionally protected right of a specific person or
persons to due process in connection with the action or determination.
SEC. 4-1-4
MUNICIPAL AUTHORITY DEFINED.
“Municipal authority” includes the Town Board, commission, committee, agency, officer,
employee or agent of the Town making a determination under Section 4-1-1, and every person,
committee or agency of the Town to make an independent review under Section 4-1-8(b).
SEC. 4-1-5
PERSONS AGGRIEVED.
A person aggrieved includes any individual, partnership, corporation, association, public or
private organization; officer, department, board, commission or agency of the Town, whose
rights, duties or privileges are adversely affected by a determination of a municipal authority. No
department, board, commission, agency, officer or employee of the Town who is aggrieved may
initiate review under this Chapter of a determination of any other department, board,
commission, agency, officer or employee of the Town, but may respond or intervene in a review
proceeding under this Chapter initiated by another.
SEC. 4-1-6
REDUCING DETERMINATION TO WRITING.
If a determination subject to this Chapter is made orally (or if in writing) and does not state the
reasons for the decision, the municipal authority making such determination shall, upon written
request of any person aggrieved by such determination made within ten (10) days of notice of
such determination, reduce the determination and the reasons therefor to writing and mail or
deliver such determination and reasons to the person making the request. The determination shall
be dated and shall advise such person of his right to have such determination reviewed, that such
review may be obtained within thirty (30) days, and the office or person to whom a request for
review shall be addressed.
SEC. 4-1-7
REQUEST FOR REVIEW OF DETERMINATION.
Any person aggrieved may have a written or oral determination reviewed by written request
mailed or delivered to the municipal authority which made such determination within thirty (30)
days of notice to such person of such determination. The request for review shall state the
grounds upon which the person aggrieved contends that the determination should be modified or
reversed. A request for review shall be made to the officer, employee, agent, agency, committee,
board, commission or body who made the determination, but failure to make such request to the
proper party shall not preclude the person aggrieved from review unless such failure has caused
prejudice to the municipal authority.
SEC. 4-1-8
REVIEW OF DETERMINATION.
a) Initial Determination. If a request for review is made under Section 4-1-7, the
determination to be reviewed shall be termed an initial determination.
b) Who Shall Make Review. A review under this Section may be made by the officer,
employee, agent, agency, committee, board, commission or body who made the initial
determination. However, an independent review of such determination by another person,
committee or agency of the Town (“municipal authority”), appointed by the Chairperson
without confirmation, shall be provided if practicable.
c) When to Make Review. The municipal authority shall review the initial determination
within fifteen (15) days of receipt of a request for review. The time for review may be
extended by agreement with the person aggrieved.
d) Right to Present Evidence and Argument. The person aggrieved may file with his request
for review, or within the time agreed with the municipal authority, written evidence and
argument in support of his position with respect to the initial determination.
e) Decision on Review. The municipal authority may affirm, reverse or modify the initial
determination and shall mail or deliver to the person aggrieved a copy of the municipal
authority’s decision on review which shall state the reasons for such decision. The decision
shall advise the person aggrieved of his/her right to appeal the decision, the time within
which the appeal may be taken, and the office or person with whom notice of appeal shall be
filed.
SEC. 4-1-9
ADMINISTRATIVE APPEAL
a) From Initial Determination or Decision on Review.
1) If the person aggrieved had a hearing substantially in compliance with Section 4-1-10
when the initial determination was made, he/she may elect to follow Sections 4-1-6
through 4-1-8, but is not entitled to a further hearing under Section 4-1-10 unless granted
by the municipal authority. He may, however, seek judicial review under Section 4-1-12.
2) If the person aggrieved did not have a hearing substantially in compliance with Section 41-10 when the initial determination was made, he/she shall follow Sections 4-1-6 through
4-1-8 and may appeal under this Section from the decision made under Section 4-1-8.
b) Time Within Which Appeal May Be Taken Under This Section. Appeal from a decision
on review under Section 4-1-8 may be taken within thirty (30) days of notice of such
decision.
c) How Appeal May Be Taken. An appeal under this Section may be taken by filing with or
mailing to the office or person designated in the municipal authority’s decision on review
written notice of appeal.
SEC. 4-1-10
HEARING ON ADMINISTRATIVE APPEAL
a) Time of Hearing. The Town shall provide the appellant a hearing on an appeal under
Section 4-1-9 within fifteen (15) days of receipt of the notice of appeal and shall serve the
appellant with notice of such hearing by mail or personal service at least ten (10) days before
such hearing. The office or person with whom a notice of appeal is filed shall immediately
notify the Town Attorney, who shall forthwith advise the Chairperson of such appeal.
b) Conduct of Hearing. At the hearing, the appellant and the municipal authority may be
represented by counsel and may present evidence and call and examine witnesses and crossexamine witnesses of the other party. Such witnesses shall be sworn by the person
conducting the hearing. The Chairperson shall appoint, without confirmation, an impartial
decision maker who may be an officer,, committee, board or commission of the Town or the
Town Board who did not participate in making or reviewing the initial determination, who
shall make the decision on administrative appeal. The decision maker may issue subpoenas.
An appellant’s attorney of record may issue a subpoena to compel the attendance of a witness
or the production of evidence. A subpoena issued by an attorney must be in substantially the
same form as provided in section 805.07(4), Wis. Stats. And served in the manner provided
in section 805.07 (5), Wis. Stats. The attorney shall, at the time of issuance, send a copy of
the subpoena to the decision maker. The hearing may, however, be conducted by an impartial
person, committee, board or commission designated by the Chairperson to conduct the
hearing and report to the decision maker.
c) Record of Hearing. The person conducting the hearing or a person employed for that
purpose shall take notes of the testimony and shall mark and preserve all exhibits. The person
conducting the hearing may, and upon request of the appellant, shall cause the proceedings to
be taken by a stenographer or by a recording device, the expense thereof to be paid by the
Town.
d) Hearing on Initial Determination. Where substantial existing rights are affected by an
initial determination, the municipal authority making such determination shall, when
practicable, give any person directly affected an opportunity to be heard in accordance with
this Section before making such determination.
SEC. 4-1-11 FINAL DETERMINATION.
a) Within twenty (20) days of completion of the hearing conducted under Section 4-1-10 and
the filing of briefs, if any, the decision maker shall mail or deliver to the appellant its written
determination stating the reasons therefor. Such determination shall be a final determination.
b) A determination following a hearing substantially meeting the requirements of Section 4-110 or a decision on review under Section 4-1-8 following such hearing shall be a final
determination, judicial review of which may be obtained under Section 4-1-12.
SEC. 4-1-12 JUDICIAL REVIEW.
a) Any party to a proceeding resulting in a final determination may seek review thereof by
certiorari within thirty (30) days of receipt of the final determination. The court may affirm
or reverse the final determination, or remand to the decision maker for further proceedings
consistent with the court’s decision.
b) The record of the proceedings shall be transcribed at the expense of the person seeking
review. A transcript shall be supplied to anyone requesting the same at his expense. If the
person seeking review establishes impecuniousness to the satisfaction of the reviewing court,
the court may order the proceedings transcribed at the expense of the Town and the person
seeking review shall be furnished a free copy of the transcript. By stipulation, the court may
order a synopsis of the proceedings in lieu of a transcript. The court may otherwise limit the
requirement for a transcript.
SEC. 4-1-13 LEGISLATIVE REVIEW.
a) Seeking review pursuant to this Chapter does not preclude a person aggrieved from seeking
relief from the Town Board or any of its boards, commissions, committees or agencies which
may have jurisdiction.
b) If, in the course of legislative review under this Section a determination is modified, such
modification and any evidence adduced before the Town Board, board, commission,
committee or agency shall be made part of the record on review under Section 4-1-12. The
Town Board, board, commission, committee or agency conducting a legislative review under
this Section need not conduct the type of hearing required under Section 4-1-10.
TITLE 5
Fire Protection and Safety Codes
Chapter 1
Chapter 2
Chapter 3
Fire Protection
Fire Prevention and Safety Codes
Hazardous Materials
CHAPTER 1
Fire Protection
5-1-1
5-1-2
5-1-3
5-1-4
5-1-5
5-1-6
5-1-7
5-1-8
5-1-9
5-1-10
Fire Protection
Ambulance Service
Impeding Fire Equipment Prohibited
Police Power of Fire Departments
Fire Inspections
Damaging Fire Hose Prohibited; Parking by Hydrants; Blocking Fire Lanes
Firemen May Enter Adjacent Property
Duty of Bystanders to Assist
Vehicles to Yield Right-of-Way
Open Burning
SEC. 5-1-1
FIRE PROTECTION.
a) Establishment of Town Fire Department.
1) The Town Board hereby establishes the Town of Fond du Lac Fire Department. The
operation of the existing Fire Department is hereby ratified and confirmed. The Fire
Department shall be organized as a volunteer department consisting of a Fire Chief,
Assistant Fire Chiefs, Captains and part-time volunteer firefighters. The salary, housing
and maintenance of the Department and the firefighters shall be established by the Town
Board. Notwithstanding the preceding, it is the intent of the Town Board to classify the
Department as a volunteer fire department, not a career fire department.
2) Duties. The volunteer firefighters shall be appointed by the Fire Chief and the Fire
Department Officers. They shall be directed and controlled in their actions by the Fire
Chief or the Assistant Fire Chiefs. The Fire Chief shall have command of the Fire
Department consistent with State law and shall report to the Town Board. The Fire Chief
shall see that all town ordinances and State laws relating to fire protection in the Town
are enforced. The Fire Chief may be removed by the Town Board for cause. It shall be
the duty of the Fire Chief and the volunteer firefighters to enforce the regulations and
statutes relating to the following:
a.
b.
c.
d.
the prevention of fires;
the protection of persons and property;
the storage, sale, use and handling of combustibles and explosives;
the installation and maintenance of fire alarm systems, fire protection equipment,
appliances and devices; and
e. the investigation of the cause, origin and circumstances of fires.
b) Funding. The Board may:
1) Appropriate money to pay for fire protection in the Town.
2) Charge property owners a fee for the cost of fire calls made to their property.
3) Levy taxes on the entire Town to pay for fire protection.
4) Levy taxes on property served by a particular source of fire protection, to support the
source of protection.
c) Compensation. Compensation of Fire Department personnel shall be reviewed on a periodic
basic as the need arises.
d) Reports. The Fire Chief shall report to the Town Board on a regular basis, as needed. In
addition, the Fire Chief shall provide the Town Board and the Town electors with an annual
report containing statistics and other information relevant to fire protection in the Town. The
Fire Chief shall make such other reports are may be required by the State of Wisconsin.
e) Equipment. The Town Board, upon the advice and counsel of the Fire Chief and the
officers of the Fire Department, shall provide the Fire Department with the necessary
equipment to fulfill its duties. All equipment utilized by the Fire Department shall remain
the property of the Town and shall not be encumbered or transferred without the prior written
approval of the Town Board.
State Law Reference: Sec. 60.55, Wis. Stats.
SEC. 5-1-2
AMBULANCE SERVICE.
The Town Board shall contract for or operate and maintain ambulance services unless such
services are provided by another person. If the Board contracts for ambulance services, it may
contract with one or more providers. The Board may determine and charge a reasonable fee for
ambulance service provided under this Chapter. The Board may purchase equipment for medical
and other emergency calls.
SEC. 5-1-3
IMPEDING FIRE EQUIPMENT PROHIB1TED.
No person shall impede the progress of a fire engine, fire truck or other fire apparatus of a Fire
Department along the streets, roads or alleys of the Town at the time of a fire or when a Fire
Department is using the streets, roads or alleys in response to a fire alarm or for practice.
SEC. 5-1-4
POLICE POWER OF FIRE DEPARTMENTS.
a) Police Authority at Fires.
1) The Chief and Assistants or officers in command of a Fire Department at any fire are
hereby vested with full and complete police authority at fires. Any officer of a Fire
Department may cause the arrest of any person failing to give the right-of-way to a Fire
Department in responding to a fire.
2) The Fire Chief may prescribe certain limits in the vicinity of any fire within which no
persons, except firemen and law enforcement officers and those admitted by order of any
officer of the Department, shall be permitted to come.
3) The Fire Chief shall have the power to cause the removal of any property whenever
necessary to preserve such property from fire or to prevent the spreading of fire or to
protect adjoining property, and during the progress of any fire he shall have the power to
cause the removal of all wires or other facilities and the turning off of all electricity or
other services where the same impedes the work of the Department during the progress of
a fire.
b) Firemen to Have Powers of Traffic Officers. Members of a Fire Department, when at the
scene of a fire or other emergency, or when Fire Department vehicles are upon the street
pursuant to an emergency call, shall have the authority and duty of traffic officers to direct
traffic, as conditions require, notwithstanding any other provision of this Chapter.
SEC. 5-1-5
FIRE INSPECTIONS.
a) The Fire Chief and Assistant Chiefs of the Fire Department(s) serving the Town shall be the
Fire Inspectors of the Town and shall have the power to appoint one (1) or more deputy Fire
Inspectors and shall perform all duties required of the Fire Inspectors by the laws of the State
and rules of the Department of Commerce, particularly Sec. 101.14, Wis. Stats.
b) While acting as Fire Inspectors pursuant to Sec. 101.14(2), Wis. Stats., the Fire Chief, or any
officer of the Fire Department designated by the Fire Chief, shall have the right and authority
to enter any building or upon any premises in the Town at all reasonable hours for the
purpose of making inspections or investigations which, under the provisions of this Code, he
may deem necessary. Should the Fire Inspector find that any provisions of this Code relating
to fire hazards and prevention of fires are being violated, or that a fire hazard exists which
should be eliminated, it shall be his/her duty to give such directions for the abatement of such
conditions as he/she shall deem necessary and, if such directions be not complied with, to
report such noncompliance to the Town Board for further action.
c) The Chief of the Fire Department is required, by himself/herself or by officers or members of
the Fire Department designated by him as fire inspectors, to inspect all buildings, premises
and public thoroughfares, except the interiors of private dwellings, for the purpose of
ascertaining and causing to be corrected any conditions liable to cause fire, or any violations
of any law or ordinance relating to the fire hazard or to the’ prevention of fires. Such
inspections shall be made at least once in six (6) months in all of the territory served by the
Fire Department and oftener as the Chief of the Fire Department orders. Each six (6) month
period shall begin on January 1 and July 1 of each year.
e) Written reports of inspections shall be made and kept on file in the office of the Chief of the
Fire Department in the manner and form required by the Department of Commerce. A copy
of such reports shall be filed with the Town Clerk.
e) The Town Board or its designees, and at any time, for the purpose of preventing, detecting
and suppressing fire and fire-related hazards in the Town, enter any commercial or industrial
property in the Town at reasonable times upon reasonable notice. However, in an emergency
at or near the property of any person in the Town, the Town Board or its designee may enter
the property of any person without notice and at any time.
State Law Reference: Sec. 101.14(2), Wis. Stats.
SEC. 5-1-6
DAMAGING FIRE HOSE PROHIBITED; PARKING BY HYDRANTS;
BLOCKING FIRE LANES.
a) Driving Over Fire Hose. No person shall willfully injure in any manner any hose, hydrant
or fire apparatus belonging to a Fire Department, and no vehicle shall be driven over any
unprotected hose of a Fire Department when laid down on any street, private driveway or
other place, to be used at any fire or alarm of fire, without the consent of the Fire Department
official in command.
b) Parking Vehicles Near Hydrants. It shall be unlawful for any person to park any vehicle or
leave any object within ten (10) feet of any fire hydrant at any time.
c) No Parking Near Fire. It shall be unlawful for any person, in case of fire, to drive or park
any vehicle within three hundred (300) feet from the place of fire without the consent and
authority of the Fire Chief or any law enforcement officer.
SEC. 5-1-7
FIREMEN MAY ENTER ADJACENT PROPERTY.
a) Entering Adjacent Property. It shall be lawful for any fireman, while acting under the
direction of a Fire Chief or any other officer in command, to enter upon the premises
adjacent to or in the vicinity of a building or other property then on fire for the purpose of
extinguishing such fire and in case any person shall hinder, resist or obstruct any fireman in
the discharge of his/her duty as is hereinbefore provided, the person so offending shall be
deemed guilty of resisting firemen in the discharge of their duty.
b) Destruction of Property to Prevent the Spread of Fire. During the progress of any fire, a Fire
Chief or his assistant shall have the power to order the removal or destruction of any property
necessary to prevent the further spread of fire; provided that it is inevitable that, unless such
property is removed, other property is in danger of being destroyed by fire.
SEC. 5-1-8
DUTY OF BYSTANDERS TO ASSIST.
Every person present at a fire shall be subject to the orders of a Fire Chief or officer in command
and may be required to render assistance in fighting the fire or in removing or guarding property.
Such officer shall have the power to cause the arrest of any person or persons refusing to obey
said orders.
SEC. 5-1-9
VEHICLES TO YIELD RIGHT-OF-WAY.
Whenever there shall be a fire or fire alarm or the Fire Department shall be out for practice,
every person driving or riding in a motorized or other vehicle shall move and remain to the side
of the street until the fire engine and fire truck and other fire apparatus shall have passed.
SEC. 5-1-10 OPEN BURNING.
a) Open Burning Restricted. No person, firm or corporation shall set, maintain or build any
outdoor fire within the limits of the Town upon any property zoned commercial, industrial,
agricultural or residential (or which are predominantly commercial, agricultural, industrial or
residential in nature regardless of zoning classification), except as set forth below in this
Section. This prohibition on burning includes burning of leaves, vegetation, scrap lumber,
rubbish, garbage, oily substances, asphalt, tires, plastic, painted, stained or treated lumber,
pressed wood or plywood, building materials, rubber products, and construction waste and
debris at construction sites, other than small amounts of paper.Any person wishing to
conduct open burning that may be permitted by this Code shall provide advance notice to the
Fond du Lac County Sheriff’s Department (non-emergency number) immediately prior to
conducting the open burning.
b) Open Burning Regulations. The following regulations shall be applicable when permitted
open burning is conducted:
1) All open burning shall be performed in a safe, pollution-free manner, when wind and
weather conditions are such as to minimize adverse affects, and in conformance with
local and state fire protection regulations. Open burning shall not be used to covertly burn
refuse, garbage, plastic, construction debris or other prohibited materials. Open burning
shall not regularly be used as an alternative to proper collection and disposal
requirements/services.
2) The size of the pile of material to be burned shall not exceed four (4) feet in any direction
measured horizontally, or three (3) feet measured vertically, unless a waiver is
recommended by the Fire Chief.
3) The pile of material being burned shall be at least fifty (50) feet away from any structure,
wood or lumber pile, wooden fence, trees, or bushes. Provisions shall be made to prevent
the fire from spreading to within fifty (50) feet of such items, or the fire shall otherwise
be contained in a Fire Department approved incinerator, burner, device or site which is
located at least fifteen (15) feet from any structure, wood or lumber pile, wooden fence,
trees, or bush(es).
4) Any ashes created by burning such material as is lawful under this Section are to be
disposed of in a manner authorized by law.
5) Open burning shall be constantly attended and supervised by a competent person of at
least sixteen (16) years of age until such fire is extinguished. This person shall have
readily available for use such fire extinguishing equipment as may be necessary for the
total control of the fire while burning and/or extinguishing such fire.
6) No materials may be burned upon any street, curb, gutter, sidewalk or public right-ofway; work conducted by Town or County maintenance personnel are excepted from this
prohibition.
7) Fire pits are permitted for the burning of allowable materials. Fire pits of two (2) feet in
diameter must be twenty-five (25) feet from buildings.
c) Fire Response Costs. In the event an open burning event results in a response by Fire
Department and/or other emergency personnel, the cost of such response shall be billed to the
property owner, and, if necessary placed on the property tax roll for collection.
CHAPTER 2
Fire Prevention and Safety Codes
5-2-1
5-2-2
5-2-3
5-2-4
5-2-5
5-2-6
5-2-7
Intent of Code
Adoption of State Codes
Application to New and Existing Conditions
Orders to Eliminate Fire Hazards
Service of Order
Investigation of Fires
Banning and/or Regulating the Use of Fire, Burning Materials, and Fireworks
During Existence of Extreme Fire Danger
SEC. 5-2-1
INTENT OF CODE.
It is the intent of this Chapter to prescribe regulations consistent with recognized standard
practice for the safeguarding to a reasonable degree of life and property from the hazards of fire
and explosion arising from the storage, handling, and use of hazardous substances, materials, and
devices, and from conditions hazardous to life and property in the use or occupancy of buildings
or premises.
SEC. 5-2-2
ADOPTION OF STATE CODES.
a) The following orders, rule, and regulations of the Department of Commerce, all of which are
set forth in the Wisconsin Administrative Code as from time to time amended, are
incorporated herein by reference and adopted as part of this Fire Prevention Chapter:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
16)
17)
Wis. Adm. Code Ch. Comm. 1; Safety.
Wis. Adm. Code Ch. Comm. 5; Explosives and Blasting Agents.
Wis. Adm. Code Ch. Comm. 7; Cleaning and Dyeing.
Wis. Adm. Code Ch. Comm. 8; Flammable and Combustible Liquids.
Wis. Adm. Code Ch. Comm.9; Liquefied and Petroleum Gases.
Wis. Adm. Code Ch. Comm. 14; Fire Protection
Wis. Adm. Code Ch. Comm. 20; Dusts, Fumes, Vapors and Gases.
Wis. Adm. Code Ch. Comm. 35; Safety in Construction.
Wis. Adm. Code Ch. Comm. 43; Anhydrous Ammonia Code.
Wis. Adm. Code Ch. Comm. 50; Administration and Enforcement.
Wis. Adm. Code Ch. Comm. 51; Definitions and Standards.
Wis. Adm. Code Ch. Comm. 52; General Requirements.
Wis. Adm. Code Ch. Comm. 53; Structural Requirements.
Wis. Adm. Code Ch. Comm. 54; Factories, Office and Mercantile Buildings.
Wis. Adm. Code Ch. Comm.55; Theatres and Assembly Halls.
Wis. Adm. Code Ch. Comm. 56; Schools and Wis. Adm. Other Places of Instruction.
Wis. Adm. Code Ch. Comm. 57; Apartment Buildings, Hotels, and Places of
Detention.
18) Wis. Adm. Code Ch. Comm. 58; Health Care, Detention, and Correctional
Facilities.
19) Wis. Adm. Code Ch. Comm. 59; Hazardous Occupancies.
20)
21)
22)
23)
24)
25)
26)
27)
Wis. Adm. Code Ch. Comm. 60; Child Day Care Facilities.
Wis. Adm. Code Ch. Comm. 61; CBRF.
Wis. Adm. Code Ch. Comm. 62; Specialty Occupancies.
Wis. Adm. Code Ch. Comm. 64; Heating, Ventilating, and Air Conditioning.
Wis. Adm. Code Ch. Comm. 65; Fire Prevention.
Wis. Adm. Code Ch. Comm. 70; Historic Building Code.
Wis. Adm. Code Ch. Comm. 160-164; Existing Building Code.
Wisconsin Electrical Code.
The following codes of the National Fire Protection Association (NFPA) are hereby adopted by
reference and made a part of the Town Fire Prevention Code:
(1) Volume IV -- Extinguishing Equipment.
Whenever the provisions of the aforementioned codes conflict, the stricter interpretation shall
apply.
Official copies of each of said codes are on file in the office of the Town Clerk and Town Fire
Department and shall remain so filed and be, at all reasonable times, open to inspection by any
interested persons.
SEC. 5-2-3
APPLICATION TO NEW AND EXISTING CONDITIONS.
The provisions of this Chapter shall apply equally to new and existing conditions except that
existing conditions not in strict compliance with the terms of this Chapter shall be permitted to
continue where the exceptions do not constitute a distinct hazard to life or adjoining property.
SEC. 5-2-4
ORDERS TO ELIMINATE FIRE HAZARDS.
Whenever any of the officers, members, or inspectors of a Fire Department serving the Town
finds any building or any dangerous premises or hazardous conditions as follows, he/she shall
order such dangerous conditions or materials to be removed or remedied in such manner as may
be specified in said order:
a) Dangerous or unlawful amounts of combustible or explosive matter.
b) Hazardous conditions arising from defective or improperly installed equipment for handling
or using combustible or explosive matter.
c) Dangerous accumulations of rubbish, wastepaper, boxes, shavings, or other highly flammable
materials.
d) Accumulations of dust or waste material in air conditioning systems or of grease in kitchen
exhaust ducts.
e) Obstructions to or on fire escapes, stairs, passageways, door, or windows liable to interfere
with the operation of the Fire Department or egress of occupants in case of fire.
f) Any building or other structure which, for want of repairs, lack of sufficient fire escapes or
other exit facilities, automatic or other fire alarm apparatus or fire extinguishing equipment,
or by reason of age or dilapidated condition, or from any other cause, creates a fire hazard or
a threat to life and safety.
SEC. 5-2-5
SERVICE OF ORDERS.
a) The service of an order as mentioned in Section 5-2-4 may be made upon the owner,
occupant, or other person responsible for the conditions, either by delivering a copy of the
same personally or by delivering the same to and leaving it with any person in charge of the
premises, or in case no such person is found upon the premises, by affixing a copy thereof in
a conspicuous place on the door to the entrance of the said premises. Whenever it may be
necessary to serve such an order upon the owner of premises, such order may be served
either by delivering to and leaving with the said person a copy of the said order or, if the
owner is absent from the jurisdiction of the officer making the order, by mailing such copy to
the owner’s last-known post office address.
b) If buildings or other premises are owned by one (1) person and occupied by another under
lease or otherwise, the orders issued in connection with the enforcing of the Chapter shall
apply to the occupant thereof, except where the rules or orders require the making of such
additions to or changes in the premises themselves, such as would immediately become real
estate and be the property of the owner of the premises; in such cases the rules or orders shall
affect the owner and not the occupant unless it is otherwise agreed between the owner and
the occupant.
SEC. 5-2-6
INVESTIGATION OF FIRES.
The Town Fire Department shall investigate the cause, origin, and circumstances of every fire
occurring in the Town which is of suspicious nature or which involves loss of life or injury to
persons or by which property has been destroyed substantially damaged. Such investigations
shall be begun immediately upon the occurrence of such a fire by the fire officer in whose
district the fire occurs, and if it appears that such fire is of suspicious origin, the Fire Chief shall
immediately take charge of the physical evidence, shall notify the proper authorities designated
by law to pursue the investigation of such matters and shall further cooperate with the authorities
in the collection of evidence and in the prosecution of the case.
Appropriate law enforcement agencies, upon request of the Fire Chief, may assist in the
investigation of any fire which, in the opinion of the Fire Chief, is of suspicious origin.
SEC. 5-2-7
BANNING AND/OR REGULATING THE USE OF FIRE, BURNING
MATERIALS, AND FIREWORKS DURING EXISTENCE OF EXTREME
FIRE DANGER.
a) Declarations of Emergency. When there is a lack of precipitation, there may be an extreme
danger of fire within the Town. This extreme danger of fire affects the health, safety, and
general welfare of the residents of the Town and constitutes a state of emergency. It is hereby
found that the regulation of fires, burning materials, and fireworks is necessary and expedient
for the health, safety, welfare and good order of the Town during said emergency.
b) Regulation of Fires, Burning Materials, and Fireworks. Pursuant to Sec. 166.23, Wis.
Stats., and when a burning state of emergency is declared, it may be ordered that a person
may not:
1) Set, build, or maintain any open fire, except:
a. Charcoal grills using charcoal briquettes, gas grills, or camp stoves on private
property; or
b. Charcoal grills using charcoal briquettes, gas grills, or camp stoves in Town parks
placed at least twenty (20) feet away from any combustible vegetation.
2) Throw, discard, or drop matches, cigarettes, cigars, ashes, charcoal briquettes or other
burning materials while outdoors except into a noncombustible container that does not
contain combustible materials.
3) Light or ignite a flare, except upon a roadway in an emergency.
4) Light, ignite, or use anything manufactured, processed, or packaged solely for the
purpose of exploding, emitting sparks or combustion for amusement purposes, including
fireworks, firecrackers, bottle rockets, caps, toy snakes, sparklers, smoke bombs, or
cylindrical or cone fountains that emit sparks and smoke, except in displays authorized by
the Town where adequate fire prevention measures have been taken.
c) Period of Emergency. Pursuant to Sec. 166.23, Wis. Stats., burning emergencies shall
become effective upon the time and date of the Town Chairperson or County Board declaring
a state of emergency and shall remain in effect until the period of emergency ceases to exist
or until the ratification, alteration, modification, or repeal of the burning state of emergency
by the Town Board, or when applicable, the County Board.
CHAPTER 3
Hazardous Materials
5-3-1
Disclosure of Hazardous Materials and Infectious Agents; Reimbursement for
Clean-up of Spills
5-3-2
Recovery of Costs of Extinguishing and Cleaning Up Fires Involving Hazardous
Materials
SEC. 5-3-1
DISCLOSURE OF HAZARDOUS MATERIALS AND INFECTIOUS
AGENTS; REIMBURSEMENT FOR CLEAN UP-OF SPILLS.
a) Application.
1) All persons, firms or organizations using, researching or producing hazardous materials
and/or infectious agents shall notify the Town Fire Department serving the Town as
prescribed by this Section.
2) The provisions of this Section shall apply to all persons, firms or organizations other than
farms engaged in production agriculture using, researching, producing or storing
hazardous materials and/or infectious agents on and after the effective date of this
Section.
b) Definitions.
1) “Infectious agent” is a bacterial, mycoplasmal, fungal, parasitic or viral agent known to
cause illness in humans which is used, researched, produced or stored within or on
premises.
2) “Hazardous materials” are those materials that can cause death or disabling injury from
brief exposure; those materials that could cause a lost-time injury from exposure; and
those materials that could cause temporary disability or injury without permanent effects
which are used, researched, produced or stored within or on premises except those
household consumer products used at the point of consumption and not used for
commercial or experimental purposes. This definition of hazardous materials shall
include radioactive materials. Hazardous materials includes the list of hazardous wastes
which are promulgated by the U.S. Environmental Protection Agency under Sec. 6821(b)
of the resource conservation and recovery act as amended and as further set forth in
c) Information Required.
1) Any person, firm or organization using, researching, producing and/or storing any
hazardous materials shall provide in writing to the Fire Department the following
information:
a. Address, location of where hazardous materials are used, researched, stored or
produced;
b. The trade name of the hazardous material;
c. The chemical name and any commonly used synonym for the hazardous material and
the chemical name and any commonly used synonym for its major components;
d. The exact locations on the premises where materials are used, researched, stored
and/or produced;
e. Amounts of hazardous materials on premises per exact location;
f. The boiling point, vapor pressure, vapor density, solubility in water, specific gravity,
percentage volatile by volume, evaporation rate for liquids and appearance and odor
of the hazardous material;
g. The flashpoint and flammable limits of the hazardous substance;
h. Any permissible exposure level, threshold limit value or other established limit value
for exposure to a hazardous material;
i. The stability of the hazardous substance;
j. Recommended fire extinguishing media, special firefighting procedures and fire and
explosion hazard information for the hazardous material;
k. Any effect of over-exposure to the hazardous material, emergency and first aid
procedures and telephone numbers to call in an emergency;
1. Any condition or material which is incompatible with the hazardous material and
must be avoided.
m. Any personal protective equipment to be worn or used and special precautions to be
taken when handling or coming into contact with the hazardous materials;
n. Procedures for handling or coming into contact with the hazardous materials.
2) Any person, firm or organization using, researching, producing and/or storing infectious
agent and/or carrier of an infectious agent shall provide in writing to the Fire Department
the following:
a. The name and any commonly used synonym of the infectious agent;
b. Address/location where infectious agents are used, researched, stored and/or
produced;
c. The exact locations where infectious agents are used, researched, stored and/or
produced;
d. Amount of infectious agent on premises per exact locations;
e. Any methods of route of transmission of the infectious agents;
f. Any symptoms of effect of infection, emergency and first aid procedure and a
telephone number to be called in an emergency;
g. Any personal protective equipment to be worn or used and special precautions to be
taken when handling or coming in contact with the infectious agent;
h. Procedure for handling, clean-up and disposal of infectious agents leaked or spilled.
d)
Prohibited Discharges. No person, firm, or corporation shall discharge or cause to be
discharged, leaked, leached, or spilled upon any public or private street, alley, public, or
private property, or onto the ground, surface waters, subsurface waters, or aquifers, or within
the Town, except those areas specifically licensed for waste disposal, landfill activities or
farming activities using accepted farming practices and to receive such materials, any
explosive, flammable, or combustible solid liquid or gas, any radioactive material at or above
Nuclear Regulatory Restriction levels, etiologic agents, or any solid, liquid, or as creating a
hazard, potential hazard, or public nuisance or any solid, liquid, or gas having a deleterious
effect on the environment.
e) Containment, Cleanup, And Restoration. Any person, firm, or corporation in violation of
the above section shall, upon direction of any emergency government officer of the Fire
Department, begin immediate actions to contain, clean up, and remove to any approved
repository the offending material(s) and restore the site to its original condition, with the
offending person, firm, or corporation being responsible for all expenses incurred. Should
any person, firm, or corporation fail to engage the necessary persons and equipment to
comply or to complete the requirements of this Section, the office of emergency government
may order the required actions to be taken by public or private resources and allow the
recovery of any and all costs incurred by the Town.
f) Emergency Services Response. Any emergency services response includes, but is not
limited to, fire service, emergency medical service, and law enforcement personnel. A
person, firm, or corporation who possesses or controls a hazardous substance shall be
responsible for reimbursement to the responding agencies for actual and necessary expenses
incurred in carrying out their duties under this ordinance. The property owner will be billed a
service fee if a fire department must respond. Actual and necessary expenses may include but
not be limited to replacement of equipment damaged by the hazardous material, cleaning,
decontamination, and maintenance of the equipment specific to the incident, costs incurred in
the procurement and use of specialized equipment specific to the incident, specific laboratory
expenses incurred in the recognition and identification of hazardous substances in the
evaluation of response, decontamination, clean up, and medical surveillance, and incurred
costs in future medical surveillance of response personnel as required by the responding
agencies medical advisor.
g) Site Access. Access to any site, public or private, where a prohibited discharge is indicated or
suspected will be provided to emergency government officers and staff and to law
enforcement and fire department personnel for the purpose of evaluating the threat to the
public and monitoring containment, clean up, and restoration activities.
h) Public Protection. Should any prohibited discharge occur that threatens the life, safety, or
health of the public at, near, or around the site of a prohibited discharge, and that the situation
is so critical that immediate steps must be taken to protect life and limb, the senior law
enforcement or fire official on the scene of the emergency may order an evacuation of the
area or take other appropriate steps for a period of time until the Town Board can take
appropriate action.
i) Reimbursement For Cleanup Of Spills. Any person who possesses or controls a hazardous
material or infectious agent which was discharged or caused the discharge of a hazardous
material or infectious agent shall reimburse the Town for actual and necessary expenses
incurred by the Town or its agent to contain, remove or dispose of the hazardous substance or
infectious agent or take any other appropriate action which is deemed appropriate under the
circumstances.
SEC. 5-3-2
RECOVERY OF COSTS.
a) Every person, firm or corporation using, storing, handling or transporting flammable or
combustible liquids, chemicals, gasses or other hazardous materials shall comply with the
requirements of Chapter Comm. 8, Wis. Adm. Code, as the same is now in force and may
hereafter from time to time be amended.
b) Every person, firm or corporation using, storing, handling or transporting (whether by rail or
on the highways) flammable or combustible liquids, chemicals, gasses or other hazardous
materials shall be liable to the Town for the actual cost of labor and materials associated with
the use of any specialized extinguishing agent, chemical, neutralizer or similar material or
equipment employed to extinguish, confine or clean up any such hazardous material which is
involved in any accidental spill or in threat of any fire or accidental spill.
TITLE 6
Public Works
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Public Works
Laying Out and Construction of Town Highways and Road
Road Excavations; Trees
Driveways; Culverts
CHAPTER 1
Public Works
6-1-1
6-1-2
6-1-3
Statutory Public Works Authority
Payment for Public Works; Special Assessments
Burning or Deposit of Rubbish on Highway Right-of-Ways Prohibited
SEC. 6-1-1
STATUTORY PULIC WORKS AUTHORITY.
Without limitation because of enumeration, the Town Board may:
a) Acquire lands. Notwithstanding Sec. 60.10(2)(e), Wis. Stats., acquire lands to lay, construct,
alter, extend or repair any highway, street or alley in the Town of Fond du Lac.
b) Streets, Sewers and Water Mains. Provide for laying, constructing, altering, extending,
replacing, removing or repairing any highway, street, alley, sanitary sewer, storm sewer or
water main or other service pipes, under Section 62.16 (2) (d), Wis. Stats., in the Town.
c) Sidewalks. Provide for construction, removal, replacement or repair of sidewalks under Sec.
66.0907, Wis. Stats.
d) Lighting Highways. Provide for lighting for highways, as defined under Sec. 340.01(22),
Wis. Stats., located in the Town.
e) Lake Improvement. Provide for making improvements in any lake or waterway located in the
Town.
f) Gather at the site of a public works project that has been approved by the Board for the sole
purpose of inspecting the work that has been completed, if notice has been given and under
the circumstances described in Section 60.50 (6), Wis. Stats.
SEC. 6-1-2
PAYMENT FOR PUBLIC WORKS; SPECIAL ASSESSMENTS.
The Town Board may levy and collect special assessments and charges under Sec. 66.0701, Wis.
Stats., and Title 3, Chapter 2, of this Code to pay for all or part of the cost of any public work or
improvement. Special assessments may be paid under Sec. 66.0713, Wis. Stats. Reassessments
shall be under Sec. 66.0731, Wis. Stats.
State Law Reference: Ss. 60.51, 66.0713 66.0703 and 66.0731, Wis. Stats.
SEC. 6-1-3
BURNING OR DEPOSIT OF RUBBISH ON HIGHWAY
RIGHT-OF-WAYS PROHIBITED.
It shall be unlawful for any person to throw or deposit any weeds, sod, brush, cans, glass, gravel,
stones, boulders, machinery, garbage or other waste or rubbish in or on the right-of-way of any
highway located in the Town, or to burn any material of any nature in or on the right-of-way of
any such highway or road, and particularly the paved portions thereof, in the Town, except as
specifically authorized by the Town Board.
CHAPTER 2
Laying Out and Construction of Town Highways and Roads
6-2-1
6-2-2
6-2-3
6-2-4
6-2-5
6-2-6
6-2-7
6-2-8
6-2-9
6-2-10
6-2-11
6-2-12
6-2-13
Application to Lay Out and Construct Highway
Restrictions on Laying Out Highways
Procedure After Application is Filed
Duties of Applicants After Application is Filed
Proceedings After Notice
Order, Award and Recording
Damages
Appeals
Payment of Construction Expenses
Preliminary Inspection
Performance Bond
Roadway Specifications
Final Inspection
SEC. 6-2-1
APPLICATION TO LAY OUT AND CONSTRUCT HIGHWAY.
An application under this Chapter to lay out and construct a new Town highway, other than as
part of to a new subdivision or plat, may be filed by six (6) or more resident freeholders of the
Town. Said application must in writing and it may be delivered to any Supervisor or the Town
Clerk. The application shall contain a complete description and a survey map of the property in
question. New streets and roads in subdivisions and plats shall be constructed pursuant to the
Town subdivision ordinance and this Chapter where it is not in conflict with the Town
subdivision ordinance.
Title 14 and Land Division and Subdivision Code
Cross-Reference:
SEC. 6-2-2
RESTRICTIONS ON LAYING OUT HIGHWAYS.
a) No Town highway shall be laid out through or upon any cemetery without the consent of
those having the control of the cemetery.
b) No Town highway shall be laid through or upon any structure, yard or enclosure used for
educational or charitable purposes.
c) No Supervisor shall act in laying out, altering, widening or discontinuing any highway in
which he/she may be personally interested.
d) When the laying out of a highway would require the construction of a bridge costing more
than One Thousand Dollars ($1,000.00), exclusive of donations, the order of the Supervisors
laying out such highway shall not be effective unless approved by the electors of the Town,
and an estimate by the Wisconsin Department of Transportation shall be conclusive of the
cost of such bridge for the purposes of this Section.
e) Without the consent of the owner, no Town highway shall be laid out through or upon any
garden or orchard or any building or fixture used for trade or manufacture or any other
building or fixture or the yard or enclosure necessary to the use thereof, when the damage
thereby caused thereto, exclusive of the damage to the land, exceeds Three Hundred Dollars
($300.00).
State Law Reference: Ss. 80.02, 80.03 and 80.04, Wis. Stats.
SEC. 6-2-3
PROCEDURE AFFER APPUCATION IS FILED.
a) On application made pursuant to Sec. 6-2-1 above, the Town Board shall prepare a notice
fixing therein a time and place at which they will meet and decide upon the application.
b) The notice shall specify as near as practicable the highway proposed to be laid out, widened,
altered or discontinued and the tracts of land through which the highway passes.
c) If the application is for discontinuance, the notice shall specify the tracts of land abutting on
the highway which will be benefited or injured by such discontinuance.
d) When the description in the aggregate exceeds two hundred (200) words in length, the notice
may state that such descriptions are contained in the application as provided in Sec. 80.02,
Wis. Stats., and shall give the name and address of the Town Clerk to whom the application
has been delivered.
SEC. 6-2-4
DUTIES OF APPLICANTS AFTER APPLICATION IS FILED.
a) Applicants shall at least ten (10) days prior to date of hearing give notice by registered mail
to all occupants and owners of record of lands through which the highway may pass.
b) Applicants shall give notice to the Wisconsin Department of Natural Resources and to the
County land conservation committee in each county through which the highway may pass, by
registered mail.
c) Applicants shall publish the notice as a Class 2 notice under Ch. 985 of the Wisconsin
Statutes.
SEC. 6-2-5
PROCEEDINGS AFTER NOTICE.
a) The Supervisors shall meet at the time and place stated in the notice pursuant to Sec. 6-23(a).
b) The Supervisors are to be satisfied that all notices as required by this Chapter and the Laws
of the State of Wisconsin have been complied with.
c) The Supervisors shall personally examine the highway which is the subject of the application
and shall hear any reason that may be offered for or against laying out, widening or altering
the highway.
d) The Supervisors shall, after complying with Subsections (a), (b) and (c) above, decide upon
the application and shall grant or refuse the same as they deem best for the public good.
e) The Supervisors may adjourn said hearing from time to time, not exceeding in all thirty (30)
days from the time of the first meeting, giving public notice of the time and place of such
adjournment and by filing forthwith of such adjournment in the office of the Town Clerk.
SEC. 6-2-6
ORDER, AWARD AND RECORDING.
a) When Supervisors lay out, alter, widen or discontinue any highway, they shall make and sign
an order therefor, incorporating therein a description of the highway and cause survey thereof
to be made when necessary.
b) Damages are to be awarded to landowner pursuant to Sec. 6-2-7 hereafter and Sections 80.09
and 80.10, Wis. Stats.
c) The order and award of damage shall be filed and recorded in the office of the Town Clerk
within ten (10) days after the date fixed by the notice or adjournment for deciding upon the
application.
d) If the Supervisors fail to file the order and award within ten (10) days, they shall be deemed
to have decided against the application.
e) A certified copy of the order shall .be transmitted by the Town Clerk to the Fond du Lac
County Highway Commissioner.
SEC. 6-2-7
DAMAGES.
a) The applicant(s) shall secure a release of damages from all occupants and owners of record
and file it with the Town Clerk. The damages sustained by any person upon whose land any
highway be laid out, widened or altered shall be fixed by agreement signed by the owner and
the Supervisors and be filed in the Town Clerk’s office. Such agreement and every release of
damages given shall bar any further claims for damages by the owner and all persons
claiming under him. A land conveyance shall accompany the release of damages, which shall
be properly recorded with the Fond du Lac County Register of Deeds.
b) If any owner does not so agree with the Supervisors as to his/her damages or does not deliver
to the Supervisors a written release of all claims for damages, the Supervisors shall, at the
time of making the highway order, assess the damages and make a written award specifying
the sum awarded by them to each owner. The award shall be signed by the Supervisors and
be filed in the Town Clerk’s Office with the order laying out, widening, altering or
discontinuing the highway.
SEC. 6-2-8
APPEALS.
a) Appeal From Highway Order shall be pursuant to Sec. 80.17, Wis. Stats.
b) Appeal From Award of Damages by owner shall be pursuant to Sec. 80.24, Wis. Stats.
SEC. 6-2-9
PAYMENT OF CONSTRUCTION EXPENSES.
All expenses involved in the preparation, construction and dedication involved in highway
construction under this Chapter shall be borne by the applicant(s).
SEC. 6-2-10 PRELIMINARY INSPECTION.
Prior to the design, preparation and construction of any roadway to be dedicated to the Town, the
applicant shall notify the Town Chairperson or Town Clerk. An on-site meeting will then be
arranged to be attended by the Town Board, the Town Engineer and the applicant. Plans must be
provided in order for the Town Engineer to check the design and the drainage.
SEC. 6-2-11 PERFORMANCE BOND.
At the option of the Town Board, the applicant(s) shall prepare the highway (grade, ditch, and
gravel, etc.) one year and surface it the next year in order to further compact the roadbed. If so,
the applicant(s) shall provide a bond or irrevocable letter of credit which would enable the Town
to finish the road, in case of default by the applicant(s). The performance bond, irrevocable letter
of credit, or cash escrow agreement shall be equal to the Town Board’s or Town Engineer’s
estimated cost of the required improvements adjusted for inflation. If the required improvements
are not complete within the eighteen (18) month period, all amounts held under the escrow
agreement or performance bond shall be turned over and delivered to the Town and applied to
the cost of the required improvements. Any balance remaining after such improvements have
been made shall be returned to the owner or subdivider. The Town Board, at its option, may
extend the bond period for any additional period not to exceed one (1) year; however, the initial
bond shall be required to run one (1) year beyond the initial date of acceptance of improvements.
SEC. 6-2-12 ROADWAY SPECIFICATIONS.
The road construction specifications for plats prescribed in Title 14 shall be applicable for both
new roads ordered constructed under this Chapter and for roads required as a condition of new
plat approval.
SEC. 6-2-13 FINAL INSPECTION.
Upon completion of the proposed highway, the Town Engineer will proceed to make final
inspection, accepting or rejecting road as the case may be. After all of the provisions of this
Chapter have been complied with, the roadway or easement will be inspected by Town officials
and, at that time, proof will be made by presentation of lien waivers or paid bills that all work
that has been done has been paid for or arrangements have been made for the payment by the
subdivider. If the road is rejected, corrections shall be made as required by Town Board upon the
Town Engineer’s recommendation, before final inspection can then be made again. If final
acceptance is then made, the owner or owners shall turn over to the Town the deed of all land
necessary for the road as previously mentioned.
CHAPTER 3
Road Excavations; Trees
6-3-1
6-3-2
6-3-3
6-3-4
6-3-5
6-3-6
6-3-7
SEC. 6-3-1
Excavations of Streets, Alleys, Public Ways and Roads
Regulations Governing Excavations and Openings
Trees and Shrubbery Obstructing View at Intersection or View of Traffic Signs;
Tree Removal; Fences
Injury to Trees and Shrubs Prohibited
Deposit of Rubbish and Stones on Highway Right-of-Way Prohibited
Placement of Rural Mailboxes
Mailbox Replacement
EXCAVATIONS OF STREETS, ALLEYS, PUBLIC WAYS AND ROADS.
a) Permit Required.
1) No person or entity, their agents or employees or contractors, shall make or cause to be
made any opening, excavation or boring in or under any public street, road, alley, way,
ground, sidewalk or Town-owned easement, or fill or alter any culvert or construct or
install additions or extensions to its existing facilities within the Town without a permit
therefor from the Town Chairperson or Clerk, or their designee.
2) The utility or contractor shall submit a written request for a utility construction/street
excavation permit and a plan of the proposed alteration, boring, extension or addition,
showing its location and details of construction, including specified depth, method of
excavation, open out or auguring, provisions of restoration and any other information the
Town deems necessary for review and consideration. In being issued a permit the utility
or contractor agrees to be bound by the regulations of this Section and Section 6-3-2.
b) Fee. The fee for an excavation or opening permit shall be in accordance with the Town
Board’s current fee schedule. The fee shall be paid to the Town Clerk, who shall issue a
receipt therefor.
c) Insurance Required. A permit shall be issued only upon condition that the
applicant submit to the Town satisfactory written evidence that applicant has in force and
will maintain during the time the permit is in effect public liability insurance of not less than
One Million Dollars ($1,000,000.00) per one (1) person, One Million Dollars
($1,000,000.00) for one (1) accident and property damage coverage of not less than One
Million Dollars ($1,000,000.00).
d) Bond.
1) Before a permit for excavating, boring or opening any street or public way may be issued,
the applicant must sign a statement in that he will indemnify and save harmless the Town
and its officers from all liability for accidents and damage caused by any of the work
covered by his permit, and that he will fill up and place in good and safe condition all
excavations and openings made in the street, and will replace and restore the pavement
over any opening he/she may make as near as can be to the state and condition in which
he/she found it, and keep and maintain the same in such condition, normal wear and tear
excepted, to the satisfaction of the Town Board for a period of one (1) year, and that
he/she will pay all fines imposed upon him for any violation of any rule, regulation or
ordinance governing street openings or drain laying adopted by the Board and will repair
any damage done to existing improvements during the progress of the excavation in
accordance with the ordinances, rules and regulations of the Town. Such statement shall
also guarantee that if the Town shall elect to make the street repair, the person opening
the street will pay all costs of making such repair and of maintaining the same for one (1)
year.
2) Whenever the Board finds that any such work has become defective within one (1) year
of the date of completion, it shall give written notice thereof to the contractor stating the
defect, the work to be done, the cost thereof and the period of time deemed by the Board
to be reasonably necessary to complete said work. After receipt of such notice, the
contractor or the surety must, within the time specified, repair the defect or indemnify the
Town for the cost of doing the work as set forth in the notice.
SEC. 6-3-2
REGULATIONS GOVERNING EXCAVATIONS AND OPENINGS.
a) Frozen Ground. No openings in the streets, alleys, sidewalks or public ways shall be
permitted when the ground is frozen except where it is deemed necessary by the Town
Chairperson or Town Clerk, or their designee.
b) Removal of Paving. In any opening or excavation, all paving materials shall be removed
with the least possible loss of or injury to surfacing materials and together with the excavated
materials from the opening shall be placed so as to cause the least practicable inconvenience
to the public and permit free flow of water along gutters.
c) Protection of Public.
1)
Every opening and excavation shall be enclosed with sufficient barriers. Sufficient
warning lights shall be kept on from sunset to sunrise. Such lights shall be spaced so as
to give adequate warning of the existence of the opening and of piled excavated
materials. No open flame warning pots shall be used. Except by special permission from
the Town, no trench shall be excavated more than two hundred fifty (250) feet in
advance of pipe or conduit laying nor left unfilled more than five hundred (500) feet
where pipe or conduit has been laid.
2)
All necessary precautions shall be taken to guard the public effectively from accidents
or damage to persons or property through the period of the work. Each person making
such opening shall be held liable for all damages, including costs incurred by the Town
in defending any action brought against it for damages, as well as cost of any appeal,
that may result from the neglect by such person or his employees of any necessary
precaution against injury or damage to persons, vehicles or property of any kind.
d) Replacing Street Surface. In opening any public street, alley, sidewalk, way, easement or
ground, the paving materials, sand, gravel and earth or other material moved or penetrated
and all surface monuments or hubs must be removed and replaced as nearly as possible in
their original condition or position and the same relation to the remainder as before. Any
excavated material which, in the opinion of the Town, is not suitable for refilling shall be
replaced with approved backfill material. All rubbish shall be immediately removed. In
refilling the opening, the earth must be laid in layers not more than six (6) inches in depth
and each layer mechanically rammed or tamped to prevent after-settling. When the sides of
the trench will not stand perpendicular, sheathing and braces must be used to prevent caving.
No timber, bracing, lagging, sheathing or other lumber shall be left in any trench. Trenches
shall be compacted to ninety-five percent (95%) Modified Procter, with test results from a
certified soil tester filed with the Town Engineer. The Town may elect to have the opening
for any street or sidewalk repaired by the Town, in which case the cost of making such repair
and of maintaining it for one (1) year shall be charged to the person making the street
opening.
e) Notice. It shall be the duty of the permittee to notify the Town Chairperson and/or Town
Clerk, or the Town Engineer when requested by the Town, and all private individuals, firms
and corporations affected by the work to be done at least twenty-four (24) hours before such
work is to commence. The Clerk and/or Chairperson, or the Town Engineer when requested
by the Town, shall also be notified at least four (4) hours prior to backfilling and/or restoring
the surface.
f) Validity of Permit. Unless the work shall be commenced within thirty (30) days of the
issuance of the permit, the permit shall be void, and a new permit must be obtained and an
additional fee charged. The Town may extend the time limitation for good cause. The utility
or contractor shall have present at the site of construction and during the restoration period a
copy of the construction plans and Town permit.
g) Backfilling. Reconstruction shall be in accordance with the current cross-section or
according to Town Standards, whichever is stricter. If the surface is not restored as required,
the Town may restore the surface and bill the permittee therefor; the Town shall perform
such work and bill the cost thereof to the permittee.
h) Emergency Excavation. In the event of an emergency, any person, firm or corporation,
owning or controlling any sewer, gas main, water main, conduit or other utility in or under
any public street, alley, easement, way or ground and his agents and employees may take
immediate proper emergency measures to remedy dangerous conditions for the protection of
property, life, health or safety without obtaining an excavation permit, provided that such
person, firm or corporation shall apply for an excavation permit not later than the next
business day.
i) Excavation in New Streets Limited. Whenever the Town Board determines to provide for
the permanent improvement or repaving of any street, such determination shall be made not
less than thirty (30) days before the work of improvement or repaving shall begin.
Immediately after such determination by the Board, the Town Engineer shall notify in
writing each person, utility, Town department or other agency owning or controlling any
sewer, water main, conduit or other utility in or under said street or any real property abutting
said street, that all such excavation work in such street must be completed within ninety (90)
days. After such permanent improvement or repaving, no permit shall be issued to open or
excavate said street for a period of five (5) years after the date of improvement or repaving
unless, in the opinion of the Board, an emergency exists which makes it absolutely essential
that the permit be issued.
j) Exception. The provisions of this Section shall not apply to excavation work done by Town
employees or contractors performing work under contract with the Town except that the
safety precautions under Subsection (c) hereof shall be complied with.
SEC. 6-3-3
TREES AND SHRUBBERY OBSTRUCTING VIEW AT INTERSECTION
OR VIEW OF TRAFFIC SIGNS; TREE REMOVAL; FENCES.
a) Obstruction of Intersections.
1) Purpose. No person shall maintain, plant or permit to remain on any private or public
premises situated at the intersection of two (2) or more roads, streets or alleys in the
Town any hedge, tree, shrub or other growth which may obstruct the view of the operator
of any motor vehicle or pedestrian approaching such intersection.
2) Traffic Visibility. On a corner parcel, no fence, wall, hedge, planting or structure shall be
erected, placed, planted, or allowed to grow in such a manner as to obstruct vision
between a height of two and one-half (2-1/2) feet and ten (10) feet above the centerline
grades of the intersecting streets in the area bounded by the street lines of such corner
parcels and a line joining the points along said street lines twenty-five (25) feet from the
point of intersection. In the case of arterial streets intersecting with other arterial streets
or railways, the corner cutoff distances establishing the triangular vision clearance space
shall be increased to fifty (50) feet.
b) Obstruction of Signs. It is unlawful for any person to plant, cause to grow, allow to grow or
maintain any trees, bushes, shrubbery or vegetation of any kind which is an obstruction to the
clear and complete vision of any traffic sign in the Town. It shall be the duty of every owner
of such tree, brush, shrubbery or vegetation to remove such obstruction.
c) Abatement Procedure. Any shrub, tree or other plant which obstructs the view at an
intersection or the view of a traffic sign shall be deemed to be dangerous to public travel, and
the Town Clerk shall notify the property owner in writing, describing the conditions, stating
the steps necessary to correct the conditions, and establishing a reasonable time within which
the corrective steps shall be taken. In the event that effective steps are not taken within the
time specified, the Town may abate these conditions to the extent necessary to assure
compliance with the foregoing requirements, and the costs thereof shall be charged to the
owner as a special charge pursuant to Sec. 66.0627, Wis. Stats.
d) Trees on and Adjacent to Highway.
1) Removal of Fallen Trees. If any tree falls from adjacent land into any highway, the owner
or occupant of the land shall immediately remove the tree from the highway. If the tree is
not removed by the property owner following notice from the Town, the Town may
remove from any highway any fallen tree or trees therein and charge the cost thereof to
the property owner pursuant to Sec. 66.0627, Wis. Stats.
2) Planting Trees and Shrubs in Highway. Any person owning or occupying land adjoining
any highway may, with the approval of the Board, plant, cultivate and maintain trees,
shrubs or hedges on the side of the highway continuous to and within ten (10) feet of his
land. Such trees, shrubs or hedges shall be cut or removed only by the owner or occupant
of the abutting land or by the public authority having control of the highway.
e) Cutting or Injuring Trees on Highway. No person shall cut down, break, girdle, bruise the
bark or in any other manner injure any public or private trees, shrubs or hedges growing
within the highway, except as the owner thereof or the public authority maintaining the
highway may cut down, trim and remove trees, shrubs and hedges for the purpose of and
conducting to the benefit and improvement of the owner’s land or the highway facility. When
it is necessary for trees in a road right-of-way to be removed, the adjacent property owner
shall have a right of first refusal to have the wood.
f) Fences. No person shall build or reconstruct any fence within the thirty-three (33) foot public
road right-of-way.
SEC. 6-3-4
INJURY TO TREES AND SHRUBS PROHIBITED.
a) No person shall, without the consent of the owner in the case of a private tree or shrub, or
without written permits from the Town Board in the case of a public tree or shrub, do or
cause to be done by others any of the following acts:
1) Secure, fasten or run any rope, wire sign, unprotected electrical installation or other
device or material to, around or through a tree or shrub.
2) Break, injure, mutilate, deface, kill or destroy any tree or shrub or permit any fire to burn
where it will injure any tree or shrub.
3) Permit any toxic chemical, gas, smoke, oil or other injurious substance to seep, drain or
be emptied upon or about any tree or shrub, or place cement or other solid substance
around the base of the same.
4) Remove any guard, stake or other device or material intended for the protection of a
public tree or shrub, or close or obstruct any open space about the base of a public tree or
shrub designed to permit access of air, water and fertilizer.
5) Attach any sign, poster, notice and other object on any tree, or fasten any guy wire, cable,
rope, nails, screws or other device to any tree; except that the Town may tie temporary
“no parking” signs to trees when necessary in conjunction with street improvement work,
tree maintenance work or parades.
6) Cause or encourage any fire or burning near or around any tree.
b) All trees on any parkway or other publicly owned property near any excavation or
construction of any building, structure or street work shall be sufficiently guarded and
protected by those responsible for such work as to prevent any injury to said trees.
SEC. 6-3-5
DEPOSIT OF RUBBISH AND STONES ON HIGHWAY
RIGHT-OF-WAY.
It shall be unlawful for any person to throw or deposit any weeds, sod, brush, cans, glass, gravel,
stones, boulders, machinery, garbage or other waste or rubbish in or on the right-of-way of any
highway located in the Town, without written permission of the Town Board for temporary use.
SEC. 6-3-6
PLACEMENT OF RURAL MAILBOXES.
Rural mailboxes are prohibited on the right-of-way of all highways within the Town except as
hereinafter provided:
a) Mailboxes are approved only if they are of a construction or design approved by the United
States Postal Service or previously approved by the Postmaster.
b) Newspaper tubes are permitted only if provided by the newspaper and if they are of a
construction or design that will not present a hazard to the public use of the right-of-way.
c) A nameplate bearing the name and address number of the mailbox owner shall be permitted
on each box.
d) The support for the mailbox and newspaper tube shall adhere to the standards governing
construction of mailbox supports as established by the Wisconsin Department of
Transportation and shall not constitute a hazard to the public use of the right-of-way.
e) Mailbox and newspaper tubes must be located on the side of the road required by the United
States Postal Service and so that the door to the mailbox or protruding end of the newspaper
tube is at least one (1) foot from the paved portion of the highway.
f) The owner of each mailbox and/or newspaper tube shall, within twenty-four (24) hours after
the end of each snowfall, remove all snow and ice which has fallen or accumulated in front of
said mailbox and/or said newspaper tube and shall remove the snow for a distance of fifteen
(15) feet to each side of said mailbox and/or newspaper tube.
g) No other object of any kind shall be attached to the mailbox, newspaper tube or their
supports. No other objects, including, but not limited to, landscaping boulders or fences may
be placed on the right-of-way.
h) This Section is not intended to and shall not be construed to create any affirmative duty on
the part of the Town to locate and remove obstructing mailboxes.
SEC. 6-3-7
MAILBOX REPLACEMENT.
a) The Town will replace mailboxes damaged on the Town road system where it has been
determined that:
1) Physical damage, which can be proven and documented by the owner or the Town, was
caused by actual Town equipment contact;
2) The mailbox is of standard design and placed in conformance with U.S. Post Office
standards; and
3) The existing installation, mailbox and mailbox post were in good repair.
b) The Town of Fond du Lac will not replace mailboxes damaged on the Town road system
where it has been determined that:
1) The mailbox was not of standard design, or not placed in conformance with U.S. Post
Office standards, even though it may have been damaged by Town equipment; or
2) The mailbox, post and installation were not in good repair; or
3) Evidence indicates that the weight of plowed snow resulted in the damage to the mailbox
and/or post.
(c) The replacement mailboxes by the Town shall be limited to a Twenty-five Dollar ($25.00)
payment. Special decorative mailboxes and/or posts will not be provided. If the owner wishes
to install a decorative mailbox and/or post that meets standards, it shall be at the owner’s
expense.
CHAPTER 4
Driveways; Culverts
6-4-1
Culvert Requirements
6-4-2
Driveway and Culvert Location, Design and
Construction Requirements
SEC. 6-4-1
CULVERT REQUIREMENTS.
No person shall construct any driveway or private road in a public right-of-way of the Town
without installing a culvert in full compliance with this Section. Included within the scope of this
requirement are commercial driveways.
SEC. 6-4-2
DRIVEWAY AND CULVERT LOCATION, DESIGN AND
CONSTRUCTION REQUIREMENTS.
a) General Requirements. The location, design and construction of driveways shall be in
accordance with the following:
1) General Design. Private driveways shall be of such width and so located that all of such
driveways and their appurtenances are within the limits of the frontage abutting the street
of the property served. Driveways shall not provide direct ingress or egress to or from
any street intersection area and shall not encroach upon or occupy areas of the street
right-of-way required for effective traffic control or for street signs or signals. A
driveway shall be so located and constructed that vehicles approaching or using it shall
have adequate sight distance along the street. Driveway approaches shall be at least ten
(10) feet apart except by special permission from the Town Board, and driveways shall in
all cases be placed wherever possible as not to interfere with utilities in place.
2) Island Area. The island area in the street right-of-way between successive driveways or
adjoining a driveway and between the highway shoulder and right-of-way shall constitute
a restricted area and may be filled in and graded only as provided in Subsection (5).
3) Driveway Approach to Town Road.
a. The apron from the center of the culvert to the road pavement must have a minimum
of a three (3) feet to ten (10) feet taper on each side of the apron. Example: If the
distance from the center of the culvert to the pavement is ten (10) feet, then the apron
must be three (3) feet wider on each side than the width at the culvert.
b. The sides of the apron, at least to the culvert, should be beveled down to grade so as
to have no abrupt surface that could damage a snow plow or create a hazard to any
vehicle that should travel off the pavement.
c. No barricade, fence or guard that extends higher than the roadbed may be constructed
in the area from the pavement to the center of the culvert.
4) Restricted Areas. The restricted area between successive driveways may be filled in and
graded only when the following requirements are complied with:
a. The filling or draining shall be to grades approved by the Town Engineer and, except
where highway drainage is by means of curb and gutter, water drainage of the area
shall be directed away from the street roadbed in a suitable manner.
b. Culvert extensions under the restricted area shall be of the same size and of
equivalent acceptable material as the culvert under the driveway. Intermediate catch
basins are required where the total culvert length is greater than three hundred (300)
feet and/or where a bend or curve in the pipe is required.
c. Where no street side ditch separates the restricted area from the street roadbed,
permanent provision may be required to separate the area from the street roadbed to
prevent its use for driveway or parking purposes by construction of a border, curb,
rail or posts as may be required by the Board.
5) Relocation of Utilities. Any costs of relocating utilities shall be the responsibility of the
property owner with approval of the Board necessary before any utility may be relocated
and the driveway installed.
6) Variances. Any of the above requirements may be varied by the Board in such instances
where the peculiar nature of the property or the design of the street may make the rigid
adherence to the above requirements impossible or impractical.
b) Special Requirements for Commercial and Industrial Driveways. The following
regulations are applicable to driveways serving commercial or industrial establishments:
1) Width of Drive. No part of a private driveway located within the dedicated area of a
public street shall, except as hereinafter provided, have a width greater than thirty (30)
feet measured at right angles to the center line of said driveway, except as increased by
permissible radii. In instances where the nature of the commercial or industrial activity or
the physical characteristics of the land would require a driveway of greater width than
herein specified, the Board in its discretion may permit a driveway of additional width.
2) Angular Placement of Driveway. The angle between the center line of the driveway and
the curb line or road edge shall not be less than 700.
c) Special Requirements for Residential Driveways. The following regulations are applicable
to driveways serving residential property:
1) Width. Unless special permission is first received from the Board, or committee thereof, a
residential single-type driveway shall be no greater than twenty-six (26) feet wide at the
curb line or pavement edge and eighteen (18) feet wide at the outer or street edge of the
sidewalk; residential double-type driveways shall be no greater than twenty-six (26) feet
wide at the curb line and twenty-four (24) feet wide at the outer or street edge of the
sidewalk.
2) Angular Placement. The center line of the drive may be parallel to the property line of the
lot where access is required or at right angles to the curb line or pavement edge.
d) Prohibited Driveways and/or Filling.
1) No person, firm or corporation shall place, construct, locate in, or cause to be placed,
constructed or located in, any obstruction or structure within the limits of any public road,
highway or street in the Town except as permitted by this Section. As used herein the
word “structure” includes private driveways, a portion of which extends into any public
road, highway or street, and which is in non-conformance with this Chapter.
2) No driveway shall be closer than twenty-five (25) feet to the extended street line at an
intersection. At street intersections a driveway shall not provide direct ingress or egress to
or from the street intersection area and shall not occupy areas of the roadway deemed
necessary by the Town for effective traffic control or for highway signs or signals.
3) The grade of that portion of any private driveway located within the limits of any public
road, highway or street shall be such as shall meet the grade of the existing public
roadway at its edge and not cause an obstruction to the maintenance or clearing of such
public roadway.
4) Drainage from driveways shall run into adjacent ditches and not onto the road pavement.
5) Filling of ditches and/or culverts located within a public right-of-way is prohibited
without written approval from the Town.
6) The placement of lawn sprinkler pipes in a road right-of-way is prohibited.
7) Concrete driveway culvert abutments are prohibited unless expressly approved by the
Board or its designee and a special written permit is issued therefor.
e) Culvert Construction Standards.
1) Size and Material. Culverts shall be installed prior to construction work being commenced on the property served. Minimum culvert size will be determined by the Town
permit issuer, based upon the depth of the ditch and existing culverts upstream and
downstream of the subject property. All culverts shall be constructed of galvanized steel
and shall be of new manufacture, unless specifically excepted by the Town Engineer.
2) Gauge. The minimum wall thickness for the galvanized steel or plastic pipe culverts shall
be in accordance with the following:
Pipe Diameter
15 to 24 inch
30 to 36 inch
42 to 54 inch
60 to 72 inch
78 to 84 inch
Gauge
16
14
12
10
8
The class of reinforced concrete pipe shall be in accordance with the following:
Height of Cover
(in feet)
0-2
2-3
3-6
Class of Pipe
IV
III
II
3) Drainage. The culverts shall be placed in the ditchline at elevations that will assure
proper drainage.
4) Backfill Material. Material used for backfill shall be of a quality acceptable to the Town
Engineer and shall be free from frozen lumps, wood, or other extraneous or perishable
materials. The minimum cover, measured from the top of the pipe to the top of the
subgrade, shall be six (6) inches.
5) Erosion Control. Erosion control measures shall be implemented as necessary to control
erosion, or as directed by the Town Engineer.
6) Cost. The property owner shall install the culvert and be responsible for the cost thereof.
7) Appeal. Persons may request a variance from the culvert requirements of this Section by
filing a written appeals request with the Town Clerk, who shall place the matter as an
agenda item for the Board’s next meeting. The Board may only waive the requirement for
a culvert upon a finding that unique physical characteristics of the location in question
render a culvert unnecessary. The Town Engineer may be asked to render an opinion on
the request.
f) Enforcement. All costs incurred by the Town relating to the enforcement of this Chapter or
in making the determinations or inspections necessary hereunder shall be paid by the
property owner, including, but not limited to, Town administrative costs and engineers’ and
attorneys’ fees. Such costs shall be payable from the permit fee established in Section 6-41(c)(3) above. If a property owner refuses to comply with the Chapter, the Town may install
the culverts and charge back the cost or additional cost thereof as a special charge pursuant to
Sec. 66.0627, Wis. Stats.
TITLE 7
Licensing and Regulation
CHAPTER 1
Licensing of dogs and Regulation of Animals
7-1-1
7-1-2
7-1-3
7-1-4
7-1-5
7-1-6
7-1-7
7-1-8
7-1-9
7-1-10
7-1-11
7-1-12
7-1-13
7-1-14
7-1-15
7-1-16
7-1-17
SEC. 7-1-1
Dog License Required; Definitions
Rabies Vaccination Required for License
Issuance of Dog and Kennel Licenses
Late Fees
Rabies Quarantine
Restrictions on Keeping of Dogs, Cats, Fowl and Other Animals
Impoundment of Animals
Dogs and Cats Restricted In Cemeteries
Duty in Case of Dog or Cat Bite
Injury to Property by Animals
Barking Dogs or Crying Cats
Sale of Rabbits, Chicks or Artificially Colored Animals
Proving Proper Shelter
Neglected and Abandoned Animals
Cruelty to Animals and Birds Prohibited
Penalties
DOG LICENSE REQUIRED; DEFINITIONS.
a) License Required. It shall be unlawful for any person in the Town to own, harbor or keep
any dog for more than five (5) months of age after July 1 of the license year without
complying with the provisions of this Chapter relating to the listing, licensing and tagging of
the same.
b) Definitions. In this Chapter, unless the context or subject matter otherwise require:
1) “Owner” shall mean any person owning, harboring or keeping a dog or cat and the
occupant of any premises on which a dog or cat remains or to which it customarily
returns daily for a period of ten (10) days; such person is presumed to be harboring or
keeping the dog or cat within the meaning of this Section.
2) “At large” means to be off the premises of the owner and not under the control of some
person either by leash or otherwise, but a dog or cat within an automobile of its owner, or
in an automobile of any other person with the consent of the owner of said dog or cat,
shall be deemed to be upon the owner’s premises.
3) “Dog” shall mean any canine, regardless of age or sex.
(4) “Cat” shall mean any feline, regardless of age or sex.
(5) “Neutered” as used herein as describing a dog or cat shall mean a dog or cat having
nonfunctional reproductive organs.
(6) “Animal” means mammals, reptiles and birds.
(7) “Cruel” means causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
(8) “Law Enforcement Officer” has that meaning as appears in Sec. 967.02(5), Wis. Stats.,
and includes a humane officer under Sec. 58.07, Wis. Stats., but does not include a
conservation warden appointed under Sec. 23.10, Wis. Stats.
(9) “Farm Animal” means any warm-blooded animal normally raised on farms in the United
States and used for food or fiber.
(10)“Pet” means an animal kept and treated as a pet.
State Law Reference: Sections 174.05 through 174.10, Wis. Stats.
SEC. 7-1-2
RABIES VACCINATION REQUIRED FOR LICENSE.
a) Rabies Vaccination. The owner of a dog shall have the dog vaccinated against rabies by a
veterinarian within thirty (30) days after the dog reaches four (4) months of age and
revaccinated within one (1) year after the initial vaccination. If the owner obtains the dog or
brings the dog into the Town of Fond du Lac after the dog has reached four (4) months of
age, the owner shall have the dog vaccinated against rabies within thirty (30) days after the
dog is brought into the Town unless the dog has been vaccinated as evidenced by a current
certificate of rabies vaccination. The owner of a dog shall have the dog revaccinated against
rabies by a veterinarian before the date of that immunization expires as stated on the
certificate of vaccination or, if no date is specified, within three (3) years after the previous
vaccination. The certificate of vaccination shall meet the requirements of Sec. 95.21(2), Wis.
Stats.
b) Issuance of Certificate of Rabies Vaccination. A veterinarian who vaccinates a dog against
rabies shall complete and issue to the owner a certificate of rabies vaccination bearing a
serial number and in the form approved by the Town stating the owner’s name and address,
the name, sex, spayed or unspayed, neutered or unneutered, breed and color of the dog, the
date of the vaccination, the type of rabies vaccination administered and the manufacturer’s
serial number, the date that the immunization expires as specified for that type of vaccine by
the Center for Disease Control of the U.S. Department of Health and Human Services and the
Town.
c) Copies of Certificate. The veterinarian shall keep a copy of each certificate of rabies
vaccination in a file maintained for this purpose until the date that the immunization expires
or until the dog is revaccinated, whichever occurs first.
d)
Rabies Vaccination Tag. After issuing the certificate of rabies vaccination, the veterinarian
shall deliver to the owner a rabies vaccination tag of durable material bearing the same serial
number as the certificate, the year the vaccination was given and the name, address and
telephone number of the veterinarian.
e) Tag to be Attached. The owner shall attach the rabies vaccination tag or a substitute tag to a
collar and a collar with the tag attached shall be kept on the dog at all times, but this
requirement does not apply to a dog during competition or training, to a dog while hunting, to
a dog securely confined indoors or to a dog securely confined in a fenced area. The substitute
tag shall be of a durable material and contain the same information as the rabies vaccination
tag. The requirements of this paragraph do not apply to a dog which is not required to be
vaccinated under Subsection (a).
f) Duplicate Tag. The veterinarian may furnish a new rabies vaccination tag with a new serial
number to an owner in place of the original tag upon presentation of the certificate of rabies
vaccination. The veterinarian shall then indicate the new tag number on the certificate and
keep a record in the file.
g) Cost. The owner shall pay the cost of the rabies vaccination and the cost associated with the
issuance of a certificate of rabies vaccination and the delivery of a rabies vaccination tag.
SEC. 7-1-3
ISSUANCE OF DOG AND KENNEL LICENSES.
a) Dog Licenses.
1) It shall be unlawful for any person in the Town to own, harbor or keep any dog more than
five (5) months of age without complying with the provisions of Sec. 174.05 through Sec.
174.10, Wisconsin Statutes, relating to the listing, licensing and tagging of the same.
2) The owner of any dog more than five (5) months of age on January 1 of any year, or five
(5) months of age within the license year, shall annually, or on or before the date the dog
becomes five (5) months of age, pay a license tax and obtain a license.
3) The minimum license tax under this Section shall be in accordance with the Board’s
current fee schedule.
4) Upon payment of the required license tax and upon presentation of evidence that the dog
is currently immunized against rabies, as required by Section 7-1-2 of this Chapter, the
Town Treasurer or his/her deputy shall complete and issue to the owner a license for such
dog containing all information required by state law. The Treasurer or his/her deputy
shall also deliver to the owner, at the time of issuance of the license, a tag of durable
material bearing the same serial number as the license, the name of the county in which
issued and the license year.
5) The owner shall securely attach the tag to a collar and the collar with the tag attached
shall be kept on the dog for which the license is issued at all times, except as provided in
Section 7-1-2(e).
6) The fact that a dog is without a tag attached to the dog by means of a collar shall be
presumptive evidence that the dog is unlicensed. Any Town law enforcement or humane
officer shall seize, impound or restrain any dog for which a dog license is required which
is found without such tag attached. Each day that any dog within the Town continues to
be unlicensed constitutes a separate offense for which a separate penalty applies.
7) Notwithstanding the foregoing, every dog specifically trained to lead blind or deaf
persons is exempt from the dog license tax, and every person owning such a dog shall
receive annually a free dog license from the Town Treasurer or his/her deputy upon
application therefor.
b) Kennel Licenses.
1) Any person who keeps or operates a kennel may, instead of the license tax for each dog
required by this Chapter, apply for a kennel license for the keeping or operating of the
kennel. Such person shall pay for the license year a license tax in accordance with the
Board’s current fee schedule for a kennel. Upon payment of the required kennel license
tax and, if required by the Board, upon presentation of evidence that all dogs over five (5)
months of age are currently immunized against rabies, the Treasurer or his deputy shall
issue the kennel license and a number of tags equal to the number of dogs authorized to
be kept in the kennel.
2) The owner or keeper of a kennel shall keep at all times a kennel license tag attached to
the collar of each dog over five (5) months old kept by the owner or keeper under a
kennel license but this requirement does not apply to a show dog during competition, to a
dog securely confined indoors or to a dog securely confined in a fenced area. These tags
may be transferred from one dog to another within the kennel whenever any dog is
removed from the kennel. The rabies vaccination tag or substitute tag shall remain
attached to the dog for which it is issued at all times but this requirement does not apply
to a show dog during competition, to a dog securely confined indoors or to a dog securely
confined in a fenced area. No dog bearing a kennel tag shall be permitted to stray or to be
taken anywhere outside the limits of the kennel unless the dog is in leash or temporarily
for the purposes of hunting, breeding, trial, training or competition.
SEC. 7-1-4
LATE FEES.
The Town Treasurer shall assess and collect a late fee of Five Dollars ($5.00) from every owner
of a dog five (5) months of age or over if the owner failed to obtain a license prior to April 1 of
each year, or within thirty (30) days of acquiring ownership of a licensable dog or if the owner
failed to obtain a license on or before the dog reached licensable age. Said late fee shall be
charged in addition to the required license fee.
SEC. 7-1-5
RABIES QUARANTINE.
a) Dogs and Cats Confined. If a district or neighborhood is quarantined for rabies, all dogs and
cats within the Town shall be kept securely confined, tied, leashed or muzzled. Any dog or
cat not confined, tied, leashed or muzzled is declared a public nuisance and may be
impounded. All officers shall cooperate in the enforcement of the quarantine. The Town
Clerk shall promptly post in at least three (3) public places in the Town notices of quarantine.
b) Exemption of Vaccinated Dog or Cat from Town Quarantine. A dog or cat which is
immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination
or other evidence, is exempt from the Town quarantine provisions of Subsection (a) if a
rabies vaccination tag or substitute tag is attached to the dog’s or cat’s collar.
c) Quarantine or Sacrifice of an Animal Suspected of Biting a Person or Being Infected or
Exposed to Rabies.
1) Quarantine or sacrifice of dog or cat. A law enforcement, humane or animal control
officer shall order a dog or cat quarantined if the officer has reason to believe that the
animal bit a person, is infected with rabies or has been in contact with a rabid animal. If a
quarantine cannot be imposed because the dog or cat cannot be captured, the officer may
kill the animal. The officer may kill a dog or cat only as a last resort if the owner agrees.
The officer shall attempt to kill the animal in a humane manner and in a manner which
avoids damage to the animal’s head.
2) Sacrifice of other animals. A law enforcement, humane or animal control officer may
order killed or may kill an animal other than a dog or cat if the officer has reason to
believe that the animal bit a person or is infected with rabies.
d) Quarantine of Dog or Cat.
1) Delivery to isolation facility or quarantine on premises of owner. A law enforcement,
humane or animal control officer who orders a dog or cat to be quarantined shall deliver
the animal or shall order the animal delivered to an isolation facility as soon as possible
but no later than twenty-four (24) hours after the original order is issued or the officer
may order the animal to be quarantined on the premises of the owner if the animal is
immunized currently against rabies as evidenced by a valid certificate of rabies
vaccination or other evidence.
2) Health risk to humans. If a dog or cat is ordered to be quarantined because there is reason
to believe that the animal bit a person, the custodian of an isolation facility or the owner
shall keep the animal under strict isolation under the supervision of a veterinarian for at
least ten (10) days after the incident occurred. In this paragraph, “supervision of a
veterinarian” includes, at a minimum, examination of the animal on the first day of
isolation, on the last day of isolation and on one (1) intervening day. If the observation
period is not extended and if the veterinarian certifies that the dog or cat has not exhibited
any signs of rabies, the animal may be released from quarantine at the end of the
observation period.
3) Risk to animal health.
a. If a dog or cat is ordered to be quarantined because there is reason to believe that the
animal has been exposed to a rabid animal and if the dog or cat is not currently
immunized against rabies, the custodian of an isolation facility or the owner shall
keep the animal leashed or confined for one hundred eighty (180) days. The owner
shall have the animal vaccinated against rabies between one hundred fifty-five (155)
and one hundred sixty-five (165) days after the exposure to a rabid animal.
b. If a dog or cat is ordered to be quarantined because there is reason to believe that the
animal has been exposed to a rabid animal but if the dog or cat is immunized against
rabies, the custodian of an isolation facility or the owner shall keep the animal
leashed or confined for sixty (60) days. The owner shall have the animal revaccinated
against rabies as soon as possible after exposure to a rabid animal.
4) Sacrifice of a dog or cat exhibiting symptoms of rabies. If a veterinarian determines that a
dog or cat exhibits symptoms of rabies during the original or extended observation
period, the veterinarian shall notify the owner and the officer who ordered the animal
quarantined and the officer or veterinarian shall kill the animal in a humane manner and
in a manner which avoids damage to the animal’s head. If the dog or cat is suspected to
have bitten a person, the veterinarian shall notify the person or the person’s physician.
e) Delivery of Carcass; Preparation; Examination by Laboratory of Hygiene. An officer
who kills an animal shall deliver the carcass to a veterinarian or local health department. The
veterinarian or local health department shall prepare the carcass, properly prepare and
package the head of the animal in a manner to minimize deterioration, arrange for delivery by
the most expeditious means feasible of the head of the animal to the State Laboratory of
Hygiene and dispose of or arrange for the disposal of the remainder of the carcass in a
manner which minimizes the risk or exposure to any rabies virus. The Laboratory of Hygiene
shall examine the specimen and determine if the animal was infected with rabies. The State
Laboratory of Hygiene shall notify the Town, the veterinarian or local health department
which prepared the carcass and, if the animal is suspected to have bitten a person, that person
or the person’s physician.
f) Cooperation of Veterinarian. Any practicing veterinarian who is requested to be involved
in the rabies control program by an officer is encouraged to cooperate in a professional
capacity with the Town, the Laboratory of Hygiene, the local health department, the officer
involved and, if the animal is suspected to have bitten a person, the person’s physician.
g) Responsibility for Quarantine and Laboratory Expenses. The owner of an animal is
responsible for any expenses incurred in connection with keeping the animal in an isolation
facility, supervision and examination of the animal by a veterinarian, preparation of the
carcass for laboratory examination and the fee for the laboratory examination. If the owner is
unknown, the county is responsible for these expenses.
SEC. 7-1-6
RESTRICTIONS ON KEEPING OF DOGS, CATS, FOWL AND OTHER
ANIMALS.
a) Restrictions. It shall be unlawful for any person within the Town to own, harbor or keep any
dog, cat, fowl or other animal which:
1) Habitually pursues any vehicle upon any public street, alley or highway in the Town.
2) Assaults or attacks any person or destroys property.
3) Is at large within the limits of the Town.
4) Habitually barks or howls to the annoyance of any person or persons. (See Section 7-111.)
5) Kills, wounds or worries any domestic animal.
6) Is known by such person to be infected with rabies or to have been bitten by an animal
known to have been infected with rabies.
7) In the case of a dog, is unlicensed.
b) Vicious Dogs and Animals.
1) For purposes of enforcing this Section, a dog shall be deemed as being of a vicious
disposition if, within any twelve (12) month period it bites two (2) or more persons or
inflicts serious injury to one (1) person in unprovoked circumstances off the owner’s
premises. Any vicious dog which is found off the premises of its owner other than as
hereinabove provided may be seized by any person and, upon delivery to the proper
authorities, may, upon establishment to the satisfaction of a court of competent
jurisdiction of the vicious character of said dog, by testimony under oath reduced to
writing, be killed by the law enforcement authorities.
2) No person shall harbor or permit to remain on his/her premises any animal that is
habitually inclined toward attacking persons or animals, destroying property, barking
excessively or making excessive noises or running after automobiles.
c) Animals Running at Large.
1) No person having in his/her possession or ownership any animal or fowl shall allow the
same to run at large within the Town. The owner of any animal, whether licensed or
unlicensed, shall keep his animal tied or enclosed in a proper enclosure so as not to allow
said animal to interfere with the passing public or neighbors. Any animal running at large
unlicensed and required by state law or Town Ordinance to be licensed shall be seized
and impounded by a humane or law enforcement officer.
2) A dog shall not be considered to be running at large if it is on a leash and under control of
a person physically able to control it.
d) Owner’s Liability for Damage Caused by Dogs; Penalties. The provisions of Sec. 174.02,
Wis. Stats., relating to the owner’s liability for damage caused by dogs together with the
penalties therein set forth are hereby adopted and incorporated herein by reference.
e) Animal Feces. The owner or person in charge of any dog or other animal shall not permit
solid fecal matter of such animal to deposit on any street, alley or other public or private
property, unless such matter is immediately removed therefrom by said owner or person in
charge. This Section shall not apply to a person who is visually or physically handicapped.
SEC. 7-1-7
IMPOUNDMENT OF ANIMALS.
a) Animal Control Agency.
1) The Town may contract with or enter into an agreement with such person, persons,
organization or corporation to provide for the operation of an animal shelter,
impoundment of stray animals, confinement of certain animals, disposition of
impoundment animals and for assisting in the administration of rabies vaccination
programs.
2) The Town does hereby delegate any such animal control agency the authority to act
pursuant to the provisions of this Section.
b) Impounding of Animals. In addition to any penalty hereinafter provided for a violation of
this Chapter, any law enforcement or humane officer may impound any dog, cat or other
animal which habitually pursues any vehicle upon any street, alley or highway of this Town,
assaults or attacks any person, is at large within the Town, habitually barks, cries or howls,
kills, wounds or worries any domestic animal or is infected with rabies. In order for an
animal to be impounded, the impounding office must see or hear the violation of this Section
or have in his/her possession a signed statement of a complaining witness made under oath
alleging the facts regarding the violation and containing an agreement to reimburse the Town
for any damages it sustains for improper or illegal seizure.
c) Claiming Animal; Disposal of Unclaimed Animals. After seizure of animals under this
Section by a law enforcement or humane officer, the animal shall be impounded. The officer
shall notify the owner, personally or through the U.S. Mail, if such owner be known to the
officer or can be ascertained with reasonable effort, but if such owner be unknown or
unascertainable, the officer shall post written notice in three (3) public places in the Town,
giving a description of the animal, stating where it is impounded and the conditions for its
release, after the officer has taken such animal into his/her possession. If within seven (7)
days after such notice the owner does not claim such animal, the officer may dispose of the
animal in a proper and humane manner; provided, if an animal before being impounded has
bitten a person, the animal shall be retained in the Animal Shelter for fourteen (14) days for
observation purposes. Within such times, the owner may reclaim the animal upon payment of
impoundment fees, such fees to be established by resolution of the Town Board. No animal
shall be released from the pound without being properly licensed if so required by state law
or Town Ordinance.
d) Sale of Impounded Animals. If the owner doesn’t reclaim the animal within seven (7) days,
the animal warden may sell the animal to any willing buyer.
e) Town Not Liable for Impounding Animals. The Town and/or its animal control agency
shall not be liable for the death of any animal which has been impounded or disposed of
pursuant to this Section.
SEC. 7-1-8
DOGS AND CATS RESTRICTED IN CEMETERIES.
No dog or cat shall be permitted in any public cemetery. Every dog specially trained to lead blind
or hearing impaired persons shall be exempt from this Section.
SEC. 7-1-9
DUTY OF OWNER IN CASE OF DOG OR CAT BITE.
Every owner or person harboring or keeping a dog or cat who knows that such dog or cat has
bitten any person shall immediately report such fact to a law enforcement, humane or animal
control officer and shall keep such dog or cat confined for not less than fourteen (14) days or for
such period of time as a law enforcement, humane or animal control officer shall direct. The
owner or keeper of any such dog or cat shall surrender the dog or cat to a law enforcement or
humane officer upon demand for examination.
SEC. 7-1-10
INJURY TO PROPERTY BY ANIMALS.
It shall be unlawful for any person owning or possessing an animal, dog or cat to permit such
animal, dog or cat to go upon any parkway or private lands or premises without the permission of
the owner of such premises and break, bruise, tear up, crush or injure any lawn, flower bed,
plant, shrub, tree or garden in any manner whatsoever, or to defecate thereon.
SEC. 7-1-11 BARKING DOGS OR CRYING CATS.
It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks,
howls or yelps, or any ~cat which habitually cries or howls to the great discomfort of the peace
and quiet of the neighborhood or in such manner as to materially disturb or annoy persons in the
neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to be a
public nuisance. A dog or cat is considered to be in violation of this Section when two (2)
formal, written complaints are filed with the Town Constable within a six (6) week period.
SEC. 7-1-12 SALE OF RABBITS, CHICKS OR ARTIFICIALLY COLORED
ANIMALS.
a) No person may sell, offer for sale, raffle, give as a prize or premium, use as an advertising
device or display living checks, ducklings, other fowl or rabbits that have been dyed or
otherwise colored artificially.
b) 1) No person may sell, offer for sale, barter or give away living chicks, ducklings or other
fowl without providing proper brooder facilities for the care of such chicks, ducklings or
other fowl during the time they are in such person’s care, custody or control.
2) No retailer, as defined in Sec. 100.30(2)(e), Wis. Stats., may sell, offer for sale, barter or
give away living baby rabbits, baby chicks, ducklings or other fowl under two (2) months
of age, in any quantity less than six (6), unless the purpose of selling these animals is for
agricultural, wildlife or scientific purposes.
SEC. 7-1-13
PROVIDING PROPER FOOD AND DRINK TO CONFINED ANIMALS.
a) No person owning or responsible for confining or impounding any animal may refuse or
neglect to supply the animal with a sufficient supply of food and water as prescribed in this
Section.
b) The food shall be sufficient to maintain all animals in good health.
c) If potable water is not accessible to the animals at all times, it shall be provided daily and in
sufficient quantity for the health of the animal.
SEC. 7-1-14 PROVIDING PROPER SHELTER.
a) Proper Shelter. No person owning or responsible for confining or impounding any animal
may fail to provide the animal with proper shelter as prescribed in this Section. In the case of
farm animals, nothing in this Section shall be construed as imposing shelter requirements or
standards more stringent than normally accepted husbandry practices in the county where the
animal or shelter is located.
b) Indoor Standards. Minimum indoor standards of shelter shall include:
1) Ambient temperatures. The ambient temperature shall be compatible with the health of
the animal.
2) Ventilation. Indoor housing facilities shall be adequately ventilated by natural or
mechanical means to provide for the health of the animals at all times.
c) Outdoor Standards. Minimum outdoor standards of shelter shall include:
1) Shelter from sunlight. When sunlight is likely to cause heat exhaustion of an animal tied
or caged outside, sufficient shade by natural or artificial means shall be provided to
protect the animal from direct sunlight. As used in this paragraph, “caged” does not
include farm fencing used to confine farm animals.
2) Shelter from inclement weather.
a. Animals generally. Natural or artificial shelter appropriate to the local climatic
conditions for the species concerned shall be provided as necessary for the health of
the animal.
b. Dogs. If a dog is tied or confined unattended outdoors under weather conditions
which adversely affect the health of the dog, a shelter of suitable size to accommodate
the dog shall be provided.
d) Space Standards. Minimum space requirements for both indoor and outdoor enclosures shall
include:
1) Structural strength. The housing facilities shall be structurally sound and maintained in
good repair to protect the animals from injury and to contain the animals.
2) Space requirements. Enclosures shall be constructed and maintained so as to provide
sufficient space to allow each animal adequate freedom of movement. Inadequate space
may be indicated by evidence of debility, stress or abnormal behavior patterns.
e) Sanitation Standards. Minimum standards of sanitation for both indoor and outdoor
enclosures shall include periodic cleaning to remove excreta and other waste materials, dirt
and trash so as to minimize health hazards.
SEC. 7-1-15 NEGLECTED OR ABANDONED ANIMALS.
a) Neglected or Abandoned Animals.
1) No person may abandon any animal.
2) Any law enforcement or humane officer may take an animal into custody pursuant to the
provisions of Chapter 173, Wis. Stats., which is hereby adopted by reference and made a
part of this Chapter.
b) Injured Animals. No person who owns, harbors or keeps any animal shall fail to provide
proper medical attention to such animal when and if such animal becomes sick or injured. In
the event the owner of such animal cannot be located, the Town or any animal control agency
with whom the Town has an agreement or contract shall have the authority to take custody of
such animal for the purpose of providing medical treatment, and the owner thereof shall
reimburse the person or organization for the costs of such treatment.
State Law Reference: Chapter 173,Wis. Stats.
SEC. 7-1-16 CRUELTY TO ANIMALS AND BIRDS PROHIBITED.
a) Acts of Cruelty Prohibited. No person except a law enforcement, health or humane officer
in the pursuit of his duties shall, within the Town, commit an act of cruelty to any animal or
bird or disturb any bird’s nests or bird’s eggs.
b) Leading Animal From Motor Vehicle. No person shall lead any animal upon a Town street
from a motor vehicle or from a trailer or semi-trailer drawn by a motor vehicle.
c) Use of Poisonous and Controlled Substances. No person may expose any pet animal
owned by another to any known poisonous substance or controlled substance listed in Sec.
961.01, Wis. Stats., whether mixed with meat or other food or not, where it is reasonable to
anticipate the substance may be eaten by such animal or for the purpose of harming the
animal. This Subsection shall not apply to poison used on one’s own premises and designed
for the purpose of rodent and pest extermination, nor the use of a controlled substance used
in accepted veterinarian practice or in research by persons or organizations regularly engaged
in such research.
d) Use of Certain Devices Prohibited. No person may directly or indirectly, or by aiding,
abetting or permitting the doing thereof either put, place, fasten, use or fix upon or to any
animal used or readied for use for a work purpose or for use in an exhibition, competition,
rodeo, circus or other performance any of the following devices: a bristle bur, tack bur or like
device; or a poling device used to train a horse to jump which is charged with electricity or to
which have been affixed nails, tacks or other sharp points.
e) Shooting at Caged or Staked Animals. No person may instigate, promote, aid or abet as a
principal, agent, employee, participant or spectator, or participate in the earnings from or
intentionally maintain or allow any place to be used for the shooting, killing or wounding
with a firearm or any deadly weapon any animal that is tied, staked out, caged or otherwise
intentionally confined in a man-made enclosure, regardless of size.
SEC. 7-1-17 PENALTIES.
a) Any person violating Sections 7-1-13, 7-1-14, 7-1-15 and 7-1-16, shall be subject to a
forfeiture of not less than Fifty Dollars ($50.00) and not more than Two Hundred Dollars
($200.00). This Section shall also permit the Town Attorney to apply to the court of
competent jurisdiction for a temporary or permanent injunction restraining any person from
violating any aspect of this Chapter.
b)
1) Anyone who violates Sections 7-1-1, 7-1-2, 7-1-3, 7-1-4 or 7-1-5 of this Code of
Ordinances or Chapter 174, Wis. Stats., shall be subject to a forfeiture of not less than
Twenty-five Dollars ($25.00) and not more than Two Hundred Dollars ($200.00) for the
first offense and not less than One Hundred Dollars ($100.00) and not more than Four
Hundred Dollars ($400.00) for any subsequent offenses.
2) An owner who refuses to comply with an order issued under Section 7-1-5 to deliver an
animal to an officer, isolation facility or veterinarian or who does not comply with the
conditions of an order that an animal be quarantined shall be fined not less than One
Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) or
imprisoned not more than sixty (60) days or both.
c) Any person who violates Sections 7-1-6 through 7-1-12 of this Code of Ordinances shall be
subject to a forfeiture of not less than Twenty-five Dollars
($25.00) and not more than One Hundred Dollars ($100.00) for the first violation
and not less than Fifty Dollars ($50.00) and not more than Two Hundred Dollars
($200.00) for subsequent violations.
CHAPTER 2
Fermented Malt Beverages and Intoxicating Liquor
Article A
7-2-1
7-2-2
7-2-3
7-2-4
7-2-5
7-2-6
7-2-7
7-2-8
7-2-9
7-2-10
7-2-11
7-2-12
7-2-13
7-2-14
7-2-15
7-2-16
7-2-17
7-2-18
Definitions
License Required
Classes of Licenses
License Fees
Application for License
Qualifications of Applicants and Premises
Investigation
Approval of Application
Granting or Denial of License
Transfer and Lapse of License
Numbering of License
Posting Licenses; Defacement
Conditions of License
Closing Hours
Restrictions on Temporary Fermented Malt Beverage or Wine Licenses
Revocation and Suspension of Licenses; Non-Renewal
Non-Alcohol Events for Underage Persons on Licensed Premises
7-2-19
through
7-2-29
Article B
Operator’s License
7-2-30
7-2-31
7-2-32
7-2-33
7-2-34
7-2-35
7-2-36
7-2-37
Operator’s License Required
Procedure Upon Application
Duration
Operator’s License Fee; Provisional License; Temporary License
Issuance or Denial of Operator’s Licenses
Training Course
Display of License
Revocation of Operator’s License
7-2-38
through
7-2-39
Artic1e C
Penalties
7-2-40
Penalties
ARTICLE A
SEC. 7-2-1
STATE STATUTES ADOPTED.
The provisions of Chapter 125 of the Wisconsin Statutes, relating to the sale of intoxicating
liquor and fermented malt beverages, except provisions therein relating to penalties to be
imposed, are hereby adopted by reference and made a part of this Chapter 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 Chapter. Any future amendment, revisions or
modifications of the statutes incorporated herein are intended to be made a part of this Chapter in
order to secure uniform statewide regulation of alcohol beverage control.
State Law Reference: Chapter 125, Wis. Stats.
SEC. 7-2-2
DEFINITIONS.
As used in this Chapter the terms “Alcoholic Beverages,” “Intoxicating Liquors,” “Principal
Business,” “Legal Drinking Age”, “Premises,” “Sell,” “Sold,” “Sale,” “Restaurant,” “Club,”
“Retailer,” “Person,” “Fermented Malt Beverages,” “Wholesalers,” “Retailers,” “Operators,” and
“Non-Intoxicating Beverages” shall have the meaning given them by Chapter 125, Wisconsin
Statutes.
SEC. 7-2-3
LICENSE REQUIRED.
No person, firm or corporation shall vend, sell, deal or traffic in or have in his possession with
intent to vend, sell, deal or traffic in or, for the purpose of evading any law or ordinance, give
away any intoxicating liquor or fermented malt beverage in any quantity whatever, or cause the
same to be done, without having procured a license as provided in this Chapter nor without
complying with all the provisions of this Chapter, and all statutes and regulations applicable
thereto
SEC. 7-2-4
CLASSES OF LICENSES.
a) Retail “Class A” Intoxicating Liquor License. A retail “Class A” intoxicating liquor
license, when issued by the Town Clerk under the authority of the Town Board, shall permit
its holder to sell, deal and traffic in intoxicating liquors only in original packages or
containers and to be consumed off the premises so licensed.
b) Retail “Class B” Intoxicating Liquor License. A retail “Class B” intoxicating liquor
license, when issued by the Town Clerk under authority of the Town Board, shall permit its
holder to sell, deal and traffic in intoxicating liquors to be consumed by the glass only on the
premises so licensed and in the original package or container in multiples not to exceed four
(4) liters at any one (1) time, to be consumed off the premises, except that wine may be sold
in the original package or otherwise in any other quantity to be consumed off the premises.
c) Class “A” Fermented Malt Beverage Retailer’s License. A Class “A” retailer’s
fermented malt beverage license, when issued by the Town Clerk under the authority of
the Town Board, shall entitle the holder thereof to possess, sell or offer for sale fermented
malt beverages only for consumption away from the premises where sold and in the
original packages, containers or bottles. Such license may be issued after July 1st. The
license shall expire on the following June 30th.
d) Class “B” Fermented Malt Beverage Retailer’s License.
1) License. A Class “B” fermented malt beverage retailer’s license, when issued by the
Town Clerk under the authority of the Board, shall entitle the holder thereof to possess,
sell or offer for sale, fermented malt beverages, either to be consumed upon the premises
where sold or away from such premises. The holder may also sell beverages containing
less than one-half (1/2) of a percentum of alcohol by volume, without obtaining a special
license to sell such beverages. Such license may be issued after July 1st. The license shall
expire on the following June 30th.
2) Application. Class “B” licenses may be issued to any person qualified under Sec.
125.04(5), Wis. Stats. Such licenses may not be issued to any person acting as agent for
or in the employ of another except that this restriction does not apply to a hotel or
restaurant which is not a part of or located on the premises of any mercantile
establishment, or to a bona fide club, society or lodge that has been in existence for at
least six (6) months before the date of application. A Class “B” license for a hotel,
restaurant, club, society or lodge may be issued in the name of an officer who shall be
personally responsible for compliance with this Chapter. Except as provided in Sec.
125.31, Wis. Stats., Class “B” licenses may not be issued to brewers or fermented malt
beverages wholesalers.
e) Temporary Class “B” Fermented Malt Beverage license.
1) License. As provided in Sec. 125.26(1) and (6), Wis. Stats., temporary Class “B”
fermented malt beverage licenses may be issued to bona fide clubs, to county or local fair
associations or agricultural societies, to churches, lodges or societies that have been in
existence for at least six (6) months before the date of application and to posts of
veterans’ organizations authorizing the sale of fermented malt beverages at a particular
picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair
association or agricultural society. A license issued to a county or district fair licenses the
entire fairgrounds where the fair is being conducted and all persons engaging in retail
sales of fermented malt beverages from leased stands on the fairgrounds. The county or
district fair to which the license is issued may lease stands on the fairgrounds to persons
who may engage in retail sales of fermented malt beverages from the stands while the fair
is being held. Such license is valid for dates as approved by the Town Board.
2) Application. Application for such license shall be signed by the president or
corresponding officer of the society or association making such application and shall be
filed with the Town Clerk together with the appropriate license fee for each day for
which the license is sought. Any person fronting for any group other than the one applied
for shall, upon conviction thereof be subject to a forfeiture of Two Hundred Dollars
($200.00) and will be ineligible to apply for a temporary Class “B” license for one (1)
year. The license shall specify the hours and dates of license validity. The application
shall be filed a minimum of fifteen (15) days prior to the meeting of the Town Board at
which the application will be considered for events of more than three (3) consecutive
days. If the application is for a license to be used in a Town park, the applicant shall
specify the main point of sale facility.
f) Wholesaler’s License. A wholesaler’s fermented malt beverage license, when issued by the
Town Clerk under authority of the Town Board, shall entitle the holder thereof to possess,
sell or offer for sale fermented malt beverages only in original packages or containers to
dealers, not to be consumed in or about the premises of said wholesaler.
g) Retail “Class C Licenses.
1) In this Subsection, “barroom” means a room that is primarily used for the sale or
consumption of alcohol beverages.
2) A “Class C” license authorizes the retail sale of wine by the glass or in an opened original
container for consumption on the premises where sold.
3) A “Class C” license may be issued to a person qualified under Sec. 125.04(5), Wis.
Stats., for a restaurant in which the sale of alcohol beverages accounts for less than fifty
percent (50%) of gross receipts and which does not have a barroom or for a restaurant in
which the sale of alcohol beverages accounts for less than fifty percent (50%) of gross
receipts and which has a barroom in which wine is the only intoxicating liquor sold. A
“Class C” license may not be issued to a foreign corporation or a person acting as agent
for or in the employ of another.
4) A “Class C” license shall particularly describe the premises for which it is issued.
Cross Reference: Section 7-2-17.
SEC. 7-2-5
LICENSE FEES.
There shall be the following classes of licenses which, when issued by the Town Clerk under the
authority of the Town Board after payment of the license fee and publication costs hereinafter
specified shall permit the holder to sell, deal or traffic in intoxicating liquors or fermented malt
beverages as provided in Section 7-2-4 of this Code of Ordinances and Chapter 125, Wis. Stats.:
a) Class “A” Fermented Malt Beverages Retailer’s License. The annual fee for this license
shall be in accordance with the Town Board’s current fee schedule. The fee for a license for
less than twelve (12) months shall be prorated according to the number of months or fraction
thereof for which the license is issued.
b) Class “B” Fermented Malt Beverage License.
1) The annual fee for this license shall be in accordance with the Town Board’s current fee
schedule. This license may be issued at any time for six (6) months in any calendar year,
for which fifty percent (50%) of the applicable license fee shall be paid, but such license
shall not be renewable during the calendar year in which issued. The fee for a license for
less than twelve (12) months shall be prorated according to the number of months or
fraction thereof for which the license is issued.
2) A Class “B” fermented malt beverages license may also be issued to bona fide clubs,
lodges or societies that have been in existence for at least six (6) months before the date
of application and to posts of veterans’ organizations authorizing the sale of fermented
malt beverages at a particular picnic or similar gathering and at a meeting of the post. The
fee for the license shall be as prescribed by the Town’s Fee Schedule.
(c) Temporary Class “B” Fermented Malt Beverage license. The fee for this license shall be
per event in accordance with the Town Board’s current fee schedule.
(d) Fermented Malt Beverage Wholesalers’ License. The annual fee for this license shall be in
accordance with the Town Board’s current fee schedule.
(e) “Class A” Intoxicating Liquor Retailer’s License. The annual fee for this license shall be
in accordance with the Town Board’s current fee schedule.
(f) “Class B” Intoxicating liquor Retailer’s License. The annual fee for this license shall be in
accordance with the Town Board’s current fee schedule, except that the fee for Reserve Class
B licenses under Sec. 125.51 (4) 4., Wis. Stats. shall be as set forth in that statute. This
license may be issued at any time for six (6) months in any calendar year, for which fifty
percent (50%) of the applicable license fee shall be paid, but such license shall not be
renewable during the calendar year in which issued.
SEC. 7-2-6
APPLICATION FOR LICENSE.
a) Contents. Application for a license to sell or deal in intoxicating liquor or fermented malt
beverages shall be made in writing on the form prescribed by the Wisconsin Department of
Revenue and shall be sworn to by the applicant as provided by Secs. 887.01 to 887.04, Wis.
Stats., and shall be filed with the Town Clerk not less than fifteen (15) days prior to the
granting of such license. The premises shall be physically described to include every room
and storage space to be covered by the license, including all rooms not separated by a solid
wall or joined by connecting entrances.
b) Corporations. The application shall be filed and sworn to by the applicant if an individual
and by the president and secretary, if a corporation.
c) Publication. The Clerk shall publish each application for a Class “A”, Class “B”, “Class A”
or “Class B” or “Class C” license. There is no publication requirement for temporary Class
“B” picnic beer licenses under Sec. 125.26, Wis. Stats. The application shall be published
once in the official Town newspaper, and the costs of publication shall be paid by the
applicant at the time the application is filed, as determined under Sec. 985.08, Wis. Stats.
d) Amending Application. Whenever anything occurs to change any fact set out in the
application of any licensee, such licensee shall file with the issuing authority a notice in
writing of such change within ten (10) days after the occurrence thereof.
e) License Quotas. Retail intoxicating liquor licenses issued by the Town Board shall be limited
in number to the quota prescribed by state law.
SEC. 7-2-7
QUALIFICATIONS OF APPLICANTS AND PREMISES.
a) Residence Requirements. A retail Class “A” or Class “B” fermented malt beverage or
“Class A” or “Class B” intoxicating liquor license shall be granted only to persons who have
been residents of the State of Wisconsin continuously for at least ninety (90) days prior to the
date of the application.
b) Applicant to have Malt Beverage License. No retail “Class B” intoxicating liquor license
shall be issued to any person who does not have or to whom is not issued a Class “B”
retailer’s license to sell fermented malt beverages, unless the “Class B” license is the type
described under Sec. 125.51(3)(am) (winery license).
c) Right to Premises. No applicant will be considered unless he has the right to possession of
the premises described in the application for the license period, by lease or by deed.
d) Age of Applicant. Licenses related to alcohol beverages shall only be granted to persons
who have attained the legal drinking age.
e) Corporate Restrictions.
1) No license or permit may be issued to any corporation unless the corporation meets the
qualifications under Sec. 125.04(6), Wis. Stats.
2) Each corporate applicant shall file with its application for such license a statement by its
officers showing the names and addresses of the persons who are stockholders together
with the amount of stock held by such person or persons. It shall be the duty of each
corporate applicant and licensee to file with the Town Clerk a statement of transfers of
stock within forty-eight (48) hours after such transfer of stock.
3) Any license issued to a corporation may be revoked in the manner and under the
procedure established in Sec. 125.12, Wis. Stats., when more than fifty percent (50%) of
the stock interest, legal or beneficial, in such corporation is held by any person or persons
not eligible for a license under this Chapter or under the state law.
(f) Sales Tax Qualification. All applicants for retail licenses shall provide proof, as required by
Sec. 77.61(11), Wis. Stats., that they are in good standing for sales tax purposes (i.e., hold a
seller’s permit) before they may be issued a license.
(g) Separate license Required for Each Place of Sale. A separate license shall be required for
each stand, place, room or enclosure or for each suite of rooms or enclosures which are in a
direct connection or communication where intoxicating liquor or fermented malt beverages
are kept, sold or offered for sale; and no license shall be issued to any person, firm,
partnership, corporation or association for the purpose of possession, selling or offering for
sale any intoxicating liquors or fermented malt beverages in any dwelling house, flat or
residential apartment.
(h) Residential Areas. No “Class B” fermented malt beverage license may be issued for any
premises where forty percent (40%) or more of the property fronting on both sides of the
same street in the same block whereon the premises is located is used for residence purposes
if a written objection is filed with the Town Clerk signed by owners of more than eighty
percent (80%) of such residence property.
i) Off-Street Parking Facilities. No “Class B” intoxicating liquor license shall be issued for
any premises unless said premises provides off-street parking stalls equal in number to fifty
percent (50%) of the number of patrons which said premises may lawfully accommodate.
This restriction shall not apply in the case of renewal licenses issued for premises licensed as
of the date of the enactment of this Subsection.
j) Connecting Premises. Except in the case of hotels, no person may hold both a “Class A”
license and either a “Class B” license or permit, a Class “B” license or permit, or a “Class C”
license for the same premises or for connecting premises. Except for hotels, if either type of
license or permit is issued for the same or connecting premises already covered by the other
type of license or permit, the license or permit last issued is void. If both licenses or permits
are issued simultaneously, both are void.
k) Limitations on Other Business; Class “B” Premises. No Class “B” license or permit may
be granted for any premises where any other business is conducted in connection with the
premises, except that this restriction does not apply if the premises for which the Class “B”
license or permit is issued is connected to premises where other business is conducted by a
secondary doorway that serves as a safety exit and is not the primary entrance to the Class
“B” premises. No other business may be conducted on premises operating under a Class “B”
license or permit. These restrictions do not apply to any of the following:
1) A hotel.
2) A restaurant whether or not it is a part of or located in any mercantile establishment.
3) A combination grocery store and tavern.
4) A combination sporting goods store and tavern in towns, villages and 4th class cities.
5) A combination novelty store and tavern.
6) A bowling alley or recreation premises.
7) A club, society or lodge that has been in existence for six (6) months or more prior to the
date of filing application for the Class “B” license or permit.
SEC. 7-2-8
INVESTIGATION.
The Town Clerk shall notify the Town Constable, Fire Inspector and Building Inspector of each
new application, and these officials shall inspect or cause to be inspected each application and
the premises, together with such other investigation as shall be necessary to determine whether
the applicant and the premises sought to be licensed comply with the regulations, ordinances and
laws applicable thereto, including those governing sanitation in restaurants, and whether the
applicant is a proper recipient of a license. A records check may also be requested from the
Sheriff’s Department. These officials shall furnish to the Town Clerk in writing, who shall
forward to the Town Board, the information derived from such investigation, accompanied by a
recommendation as to whether a license should be granted or refused.
SEC. 7-2-9
APPROVAL OF APPLICATION.
a) No license shall be granted for operation on any premises or with any equipment for which
taxes, assessments, forfeitures or other financial claims of the Town are delinquent and
unpaid.
b) No license shall be issued unless the premises conform to the sanitary, safety and health
requirements of the State Building Code, and the regulations of the State Board of Health and
local Board of Health applicable to restaurants. The premises must be properly lighted and
ventilated, must be equipped with separate sanitary toilet and lavatory facilities equipped
with running water for each sex and must conform to all Ordinances of the Town.
c) Consideration for the granting or denial of a license will be based on:
1) Arrest and conviction record of the applicant, subject to the limitations imposed by Secs.
111.321, 111.322, 111.335, and 125.12(1)(b), Wis. Stats.;
2) The financial responsibility of the applicant;
3) The appropriateness of the location and the premises where the licensed business is to be
conducted; and
4) Generally, the applicant’s fitness for the trust to be reposed.
d) An application may be denied based upon the applicant’s arrest and conviction record if the
applicant has been convicted of a felony (unless duly pardoned) or if the applicant has
habitually been a law offender. For purposes of this licensing procedure, “habitually been a
law offender” is generally considered to be an arrest or conviction of at least two (2) offenses
which are substantially related to the licensed activity within the five (5) years immediately
preceding the license application. Because a license is a privilege, the issuance of which is a
right granted solely to the Town Board, the Board reserves the right to consider the severity,
and facts and circumstances of the offense when making the determination to grant, deny or
not renew a license. Further, the Board, at its discretion, may, based upon an arrest or
conviction record of two (2) or more offenses which are substantially related to the licensed
activity within the five years immediately preceding, act to suspend such license for a period
of one (1) year or more.
SEC. 7-2-10 GRANTING OF LICENSE.
a) In the event the application is for a “Class A” or a “Class B” intoxicating liquor license at a
site not previously licensed under this Chapter, the Clerk shall schedule public hearings
before the Board on the granting of the licenses and shall notify all property owners situated
in the block of the site for which the license is sought and all property owners within a radius
of three hundred (300) feet of the proposed site of the dates of the hearings. The notice shall
be given at least ten (10) days before the hearing and may be given by mail.
b) Opportunity shall be given by the governing body to any person to be heard for or against the
granting of any license. Upon the approval of the applicant by the Board, the Clerk shall
issue to the applicant a license, upon payment by the applicant of the license fee to the Town.
The full license fee shall be charged for the whole or fraction of any year.
c) If the Board denies the license, the applicant shall be notified in writing, by registered mail or
personal service, of the reasons for the denial. The notice shall also inform the applicant of
the opportunity to appear before the Board and to provide evidence as to why the denial
should be reversed. In addition, the notice shall inform the applicant that the reconsideration
of the application shall be held in closed session, pursuant to Sec. 19.85(1)(b), Wis. Stats.,
unless the applicant requests such reconsideration be held in open session and the Board
consents to the request. Such written notice shall be mailed or served upon the applicant at
least ten (10) days prior to the Board meeting at which the application is to be reconsidered.
SEC. 7-2-11
TRANSFER AND LAPSE OF LICENSE.
a) In accordance with the provisions of Sec. 125.04(12), Wis. Stats., a license shall be
transferable from one premises to another if such transfer is first approved by the Town
Board. An application for transfer shall be made on a form furnished by the Town Clerk.
Proceedings for such transfer shall be had in the same form and manner as the original
application. The fee for such transfer is Ten Dollars ($10.00). Whenever a license is
transferred, the Clerk shall notify the Wisconsin Department of Revenue of the transfer. In
the event of the sale of a business or business premises of the licensee, the purchaser of the
business or business premises must apply to the Town for reissuance of the license and the
Town, as the licensing authority, shall in no way be bound to reissue said license to the
subsequent purchaser.
b) Whenever the agent of a corporate holder of a license is for any reason replaced, the licensee
shall give the Clerk written notice of the replacement, the reasons therefor and the new
appointment. Until the next regular meeting or special meeting of the Town Board, the
successor agent shall have the authority to perform the functions and be charged with the
duties of the original agent. However, said license shall cease to be in effect upon receipt by
the Clerk of notice of disapproval of the successor agent by the Wisconsin Department of
Revenue or other peace officer of the municipality in which the license was issued. The
corporation’s license shall not be in force after receipt of such notice or after a regular or
special meeting of the Board until the successor agent or another qualified agent is appointed
and approved by the Town.
SEC. 7-2-12 NUMBERING OF LICENSE.
All licenses shall be numbered in the order in which they are issued and shall state clearly the
specific premises for which granted, the date of issuance, the fee paid and the name of the
licensee. The Town Clerk shall affix to the license his affidavit as provided by Sec. 125.04(4) of
the Wisconsin Statutes.
SEC. 7-2-13 POSTING LICENSES; DEFACEMENT.
a) Every person licensed in accordance with the provisions of this Chapter shall immediately
post such license and keep the same posted while in force in a conspicuous place in the room
or place where said beverages are drawn or removed for service or sale.
b) It shall be unlawful for any person to post such license or to be permitted to post it upon
premises other than those mentioned in the application or knowingly to deface or destroy
such license.
SEC. 7-2-14 CONDITIONS OF LICENSE.
All retail Class “A”, Class “B”, “Class A” and “Class B” licenses granted hereunder shall be
granted subject to the following conditions, and all other conditions of this Section, and subject
to all other Ordinances and regulations of the Town applicable thereto.
a) Consent to Entry. Every applicant procuring a license thereby consents to the entry of
police or other duly authorized representatives of the Town at all reasonable hours for the
purpose of inspection and search, and consents to the removal from said premises of all
things and articles there had in violation of Town Ordinances or state laws, and consents to
the introduction of such things and articles in evidence in any prosecution that may be
brought for such offenses.
b) Employment of Minors. No retail “Class B” or Class “B” licenses shall employ any
underage person, as defined in the Wisconsin Statutes, but this shall not apply to hotels and
restaurants. Family members may work on the licensed premises but are not permitted to sell
or dispense alcoholic beverages.
c) Disorderly Conduct Prohibited. Each licensed premises shall, at all times, be conducted in
an orderly manner, and no disorderly, riotous or indecent conduct shall be allowed at any
time on any licensed premises.
d) Licensed Operator on Premises. There shall be upon premises operated under a “Class B”
or Class “B” or “Class C” license, at all times, the licensee, members of the licensee’s
immediate family who have attained the legal drinking age, and/or some person who shall
have an operator’s license and who shall be responsible for the acts of all persons serving as
waiters, or in any other manner, any fermented malt beverages to customers. No person other
than the licensee shall serve fermented malt beverages in any place operated under a “Class
B”, Class “B” or “Class C” license unless he/she possesses an operator’s license, or there is a
person with an operator’s license upon said premises at the time of such service.
e) Health and Sanitation Regulations. The rules and regulations of the Department of Health
and Family Services governing sanitation in restaurants shall apply to all “Class B” liquor or
“Class C” licenses issued under this Chapter. No “Class B” or “Class C” license shall be
issued unless the premises to be licensed conform to such rules and regulations.
f) Restrictions Near Schools and Churches. Unless this restriction is waived by the majority
vote of the Town Board, no retail Class “A”, Class “B”, “Class A” or “Class B” license shall
be issued for premises, the main entrance of which is less than three hundred (300) feet from
the main entrance of any established public school, parochial school, hospital or church. Such
distance shall be measured by the shortest route along the highway from the closest point of
the maintenance entrance of such school, church or hospital to the main entrance to such
premises. This Subsection shall not apply to premises licensed as such on June 30, 1947, nor
shall it apply to any premises licensed as such prior to the occupation of real property within
three hundred (300) feet thereof by any school building, hospital building or church building.
g) Clubs. No club shall sell or give away any intoxicating liquors except to bona fide members
and guests invited by members.
h) Gambling Prohibited. Except as authorized by state law, no gambling or game of chance of
any sort shall be permitted in any form upon any premises licensed under this Chapter or the
laws of the State of Wisconsin.
i) Credit Prohibited. No retail Class “A”, Class “B”, “Class A” or “Class B” liquor or
fermented malt beverage or “Class C” wine licensee shall sell or offer for sale any alcohol
beverage to any person or persons by extending credit, except hotel credit extended to a
resident guest or a club to a bona fide member. It shall be unlawful for such licensee or
permittee to sell alcohol beverages to any person on a passbook or store order or to receive
from any person any goods, ware, merchandise or other articles in exchange for alcohol
beverages.
j) Licensee or Permittee Responsible for Acts of Help. A violation of this Chapter by a duly
authorized agent or employee of a licensee or permittee under this Chapter shall constitute a
violation by the licensee or permittee. Whenever any licensee or permittee under this Chapter
shall violate any portion of this Chapter, proceedings for the suspension or revocation of the
license or permit of the holder thereof may be instituted in the manner prescribed in this
Chapter.
SEC. 7-2-15 CLOSING HOURS.
Closing hours shall be established in conformance with Sec. 125.32(3), Wis. Stats., and further
restricted as follows:
a) Class “B” licenses.
1) No premises for which a retail “Class B” liquor or Class “B” fermented malt beverage
license or “Class C” wine license has been issued shall be permitted to remain open for
the sale of liquor or fermented malt beverages or for any other purpose between the hours
of 2:00 a.m. and 6:00 a.m., Monday through Friday, and 2:30 a.m. and 6:00 a.m.,
Saturday and Sunday. There shall be no closing hours on January 1st.
2) Hotels and restaurants, the principal business of which is the furnishing of food or
lodging to patrons, bowling alleys, indoor horseshoe-pitching facilities, curling clubs,
golf courses and golf clubhouses may remain open for the conduct of their regular
business but shall not sell liquor or malt beverages during the closing hours of Subsection
(a)(1) above.
b) Carryout Hours. Between 9:00 p.m. and 8:00 a.m., no person may sell, remove, carry out or
permit to be removed or carried out from any premises having a “Class A” or Class “A”
license, fermented malt beverages or intoxicating liquor in original unopened packages,
containers or bottles or for consumption away from the premises.
SEC. 7-2-16 RESTRICTIONS ON TEMPORARY FERMENTED MALT BEVERAGE
OR WINE LICENSES.
It shall be unlawful for any person or organization on a temporary basis to sell or offer to sell any
alcohol beverage upon any Town-owned property or privately-owned property within the Town,
except through the issuance of a Temporary Class “B” Fermented Malt Beverage License issued
by the Town Board in accordance with Wisconsin Statutes and as set forth in this Section. A
Temporary Class “B” Fermented Malt Beverage License authorizing the sale and consumption of
beer on Town-owned property or privately-owned property may be authorized by the Town
Board provided the following requirements are met:
a) Compliance with Eligibility Standards. The organization shall meet the eligibility
requirements of a bona fide club, association, lodge or society as set forth in Sec. 125.26(6),
Wis. Stats., and shall fully comply with the requirements of this Section and Section 11-4-1.
Members of an organization which is issued a temporary license and who are issued
operator’s licenses for the event shall attend a pre-event informational meeting to learn what
rules and regulations apply and what the responsibilities of the bartenders and organization
will be.
b) Posting of Signs and Licenses. All organizations issued a temporary license shall post a
sufficient number of signs in a conspicuous location at the main point of sale and at all
remote points of sale stating that no fermented malt beverage shall be served to any underage person without proper identification.
c) Fencing. If necessary due to the physical characteristics of the site, the Town may require
that the organization install a double fence around the main point of sale to control ingress
and egress and continually station a licensed operator, security guard or other competent
person at the entrance for the purpose of checking age identification. Where possible, there
shall be only one (1) point of ingress and egress. When required, the double fence shall be a
minimum of four (4) feet high and a minimum of six (6) feet between fences.
d) Underage Persons Prohibited. No underage persons shall be allowed to assist in the sale of
fermented malt beverages at any point of sale, nor shall they be allowed to loiter or linger in
the area of any point of sale.
e) Licensed Operators Requirement. A licensed operator shall be stationed at all points of
sales at all times.
f) Waiver. The Board may waive or modify the requirements of this Section due to the physical
characteristics of the licensed site.
g) Insurance. The applicant for a temporary fermented malt beverage license may be required
to indemnify, defend and hold the Town and its employees and agents harmless against all
claims, death of any person or any damage to property caused by or resulting from the
activities for which the permit is granted. As evidence of the applicant’s ability to perform
the conditions of the license, the applicant may be required to furnish a Certificate of
Comprehensive General Liability insurance with the Town. The applicant may be required to
furnish a performance bond prior to being granted the license.
Cross Reference: Section 11-4-1.
SEC. 7-2-17 REVOCATION AND SUSPENSION OF LICENSES; NON-RENEWAL
a) Procedure. Whenever the holder of any license under this Chapter violates any portion of
this Chapter or Title 11, Chapter 4, of this Code of Ordinances, proceedings for the
revocation of such license may be instituted in the manner and under the procedure
established by this Section.
b) Abandonment of Premises. Any licensee holding a license to sell alcohol beverages who
abandons such business shall forfeit any right or preference he may have to the holding of or
renewal of such license. Abandonment shall be sufficient grounds for revocation of any
alcohol beverage license. The loss of the licensed premises for at least six (6) months shall be
prima facie evidence of the abandonment, unless extended by the Town Board. All persons
issued a license to sell alcohol beverages in the Town for which a quota exists limiting the
number of such licenses that may be issued by the Town shall cause such business described
in such license to be operated on the premises described in such license for at least one
hundred fifty (150) days during the term of such license, unless such license is issued for a
term of less than one hundred eighty (180) days, in which event this Subsection shall not
apply.
c) License Revocation or Suspension. License revocation or suspension procedures shall be as
prescribed by Chapter 125, Wis. Stats.
SEC. 7-2-18 NON-ALCOHOL EVENTS FOR UNDERAGE PERSONS ON LICENSED
PREMISES.
The presence of underage persons on a licensed premises as provided under Sec.
125.07(3)(a)10, Wis. Stats., shall be subject to the following:
a) The licensee or agent of a corporate licensee shall notify the Town Clerk at least forty-eight
(48) hours in advance of the date of any event at which underage persons will be present on
the licensed premises. Each such non-alcohol event notice shall specify the date(s) on which
the event is to occur and the time(s) of commencement. All notices shall be filed with the
Clerk during normal working hours. After a non-alcohol event notice has been given, the
licensee may cancel an event(s) only by giving like notice to the Town in accordance with
the provisions of this Subsection. Regardless of the date given, all notices shall expire and be
deemed cancelled no later than the date of expiration or revocation of the applicable retail
Class “B” or “Class B” license.
b) During the period of any non-alcohol event a notice card prescribed by the Town shall be
posted at all public entrances to the licensed premises notifying the general public that no
alcohol beverages may be consumed, sold or given away on or carried into the licensed
premises during the event. The notice cards shall be made available by the Town to a
requesting licensee.
c) Once a non-alcohol event has commenced, no alcohol beverages may be consumed, sold or
given away on or carried into the licensed premises until the next day following the closing
hours of the licensed premises.
d) During the period of any non-alcohol event all alcohol beverages shall be stored in a locked
portion of the licensed premises in a secure place out of the sight and physical reach of any
patron present and shall be under the direct and immediate control and supervision of the
licensee or a licensed bartender in the employ of the licensee. All beer taps and automatic
dispensers of alcohol beverages (“speed guns”) shall be either disconnected, disabled or
made inoperable.
SEC. 7-2-19 THROUGH SEC. 7-2-29
RESERVED FOR FUTURE USE.
ARTICLE B
Operator’s License
SEC. 7-2-30 OPERATOR’S LICENSE REQUIRED.
a) Operator’s Licenses; Class “A”, Class “B” or “Class C” Premises. Except as provided
under Sec. 125.32(3)(b) and Sec. 125.07(3)(a)10, Wis. Stats., no premises operated under a
Class “A”, Class “B” or “Class C” license or permit may be open for business unless there is
upon the premises the licensee or permittee, the agent named in the license or permit if the
licensee or permittee is a corporation, or some person who has an operator’s license and who
is responsible for the acts of all persons serving any fermented malt beverages to customers.
An operator’s license issued in respect to a vessel under Sec. 125.27(2), Wis. Stats., is valid
outside the municipality that issues it. For the purpose of this Section, any person holding a
manager’s license under Sec. 125.18, Wis. Stats., or any member of the licensee’s or
permittee’s immediate family who has attained the age of eighteen (18), shall be considered
the holder of an operator’s license. No person, including a member of the licensee’s or
permittee’s immediate family, other than the licensee, permittee or agent, may serve
fermented malt beverages in any place operated under a Class “A”, Class “B” or “Class C”
license or permit unless he or she has an operator’s license or is at least eighteen (18) years of
age and is under the immediate supervision of the licensee, permittee, agent or a person
holding an operator’s license, who is on the premises at the time of the service.
b) Use by Another Prohibited.
1) No person may allow another to use his or her Class “A” or Class “B” license or permit
to sell alcohol beverages.
2) The license or permit of a person who violates Subsection (b)(1) above shall be revoked.
State Law Reference: Secs. 125.17 and 125.32, Wis. Stats.
SEC. 7-2-31 PROCEDURE UPON APPLICATION.
a) The Town Board may issue an operator’s license, which shall be granted only upon
application in writing on forms to be obtained from the Town Clerk only to persons eighteen
(18) years of age or older. Operator’s licenses shall be operative only within the limits of the
Town.
b) All applications are subject to an investigation by law enforcement authorities and/or other
appropriate authority to determine whether the applicant and/or premises to be licensed
complies with all regulations, ordinances and laws applicable thereto. These authorities may
conduct an investigation of the applicant including, but not limited to, requesting information
from the State, surrounding municipalities, and/or any community where the applicant has
previously resided concerning the applicant’s arrest and conviction record. Based upon such
investigation, the authorities may recommend, in writing, to the Town Board approval or
denial of the application. If the authorities recommend denial, the authorities shall provide, in
writing, the reasons for such recommendation.
SEC. 7-2-32 DURATION.
Licenses issued under the provisions of this Chapter shall be valid for a period of one
(1) year and shall expire on the thirtieth (30th) day of June of each even year.
SEC. 7-2-33 OPERATOR’S LICENSE FEE; PROVISIONAL LICENSE; TEMPORARY
LICENSE.
a) Fee. The annual fee for an operator’s license or provisional license shall be in accordance
with the Board’s current fee schedule for the term or part thereof, plus actual records check
costs. The fee for a provisional license shall be in accordance with the Board’s current fee
schedule.
b) Provisional license. The Clerk may issue provisional operator’s licenses in accordance with
Sec. 125.17(5), Wis. Stats. The provisional operator’s license shall expire sixty (60) days
after its issuance or when an operator’s license is issued to the holder, whichever is sooner.
The Clerk may, upon receiving an application for a temporary provisional license, issue such
a license without requiring the successful completion of the approved program as described
herein. However, such temporary license shall be used only for the purpose of allowing such
applicant the privilege of being licensed as a beverage operator pending his successful
completion of the approved program. A provisional license may not be issued to any person
who has been denied an operator’s license by the Board or who has had his operator’s license
revoked or suspended within the preceding twelve (12) months. The Clerk shall provide an
appropriate application form to be completed in full by the applicant. The Town Clerk may
revoke the provisional license issued if he discovers that the holder of the license made a
false statement on the application.
c) Temporary license. The Town Clerk may issue a temporary operator’s license, at no fee,
provided that:
1) This license may only be issued to operators employed by, or donating their services to,
nonprofit corporations and organizations.
2) No person may hold more than one (1) license of this kind per year.
3) The license is valid for any period from one (1) day to fourteen (14) days, and the period
for which it is valid shall be stated on the license.
SEC. 7-2-34 ISSUANCE OR DENIAL OF OPERATOR’S LICENSES.
a) After the Town Board approves the granting of an operator’s license, the Clerk shall issue the
license. Such licenses shall be issued and numbered in the order they are granted and shall
give the applicant’s name and address and the date of the expiration of such license.
b) 1) If the application is denied by the Board, the Clerk shall, in writing, inform the applicant
of the denial, the reasons therefore, and of the opportunity to request a reconsideration of the
application by the Board in a closed session. The notice must be sent by registered mail to, or
served upon, the applicant at least ten (10) days prior to the Board’s reconsideration of the
matter. At such reconsideration hearing, the applicant may present evidence and testimony as
to why the license should be granted.
2) If, upon reconsideration, the Board again denies the application, the Town Clerk shall
notify the applicant in writing of the reasons therefore. An applicant who is denied any
license upon reconsideration of the matter, may apply to Circuit Court pursuant to Sec.
125.12(2)(d), Wis. Stats., for review.
c) 1) Consideration for the granting or denial of a license will be based on:
a. Arrest and conviction record of the applicant, subject to the limitations imposed by
Secs. 111.321, 111.322, 111.335 and 125.12(1)(b), Wis. Stats.;
b. The financial responsibility of the applicant;
c. The appropriateness of the location and the premises where the licensed business is to
be conducted; and
d. Generally, the applicant’s fitness for the trust to be reposed.
2) If a licensee is convicted of an offense substantially related to the licensed activity, the
Town Board may act to revoke or suspend the license.
d) An application may be denied based upon the applicant’s arrest and conviction record if the
applicant has been convicted of a felony (unless duly pardoned) or if the applicant has
habitually been a law offender. For purposes of this licensing procedure, “habitually been a
law offender” is generally considered to be an arrest or conviction of at least two (2) offenses
which are substantially related to the licensed activity within the five (5) years immediately
preceding the license application. Because a license is a privilege, the issuance of which is a
right granted solely to the Town Board, the Town Board reserves the right to consider the
severity, and facts and circumstances of the offense when making the determination to grant,
deny or not renew a license. Further, the Town Board, at its discretion, may, based upon an
arrest or conviction record of two (2) or more offenses which are substantially related to the
licensed activity within the five (5) years immediately preceding, act to suspend such license
for a period of one (1) year or more.
SEC. 7-2-35 TRAINING COURSE.
a) Except as provided in Subsection (b) below, the Board may not issue an operator’s license
unless the applicant has successfully completed a responsible beverage server training course
at any location that is offered by a vocational, technical and adult education district and that
conforms to curriculum guidelines specified by the board of vocational, technical and adult
education or a comparable training course that is approved by the educational approval board
or unless the applicant fulfills one of the following requirements:
1) The person is renewing an operator’s license.
2) Within the past two (2) years, the person held a Class “A”, Class “B”, “Class A”, “Class
B” or “Class C” license or permit or a manager’s or operator’s license.
3) Within the past two (2) years, the person has completed such a training course.
b) The Board may issue a provisional operator’s license to a person who is enrolled in a training
course under Subsection (a) above and shall revoke that license if the applicant fails
successfully to complete the course in which he or she enrolls.
c) The Board may not require that applicants for operators’ licenses undergo training in addition
to that under Subsection (a), but may require applicants to purchase, at cost, materials that
deal with relevant local subjects not covered in the course under Subsection (a).
SEC. 7-2-36 DISPLAY OF LICENSE.
Each license issued under the provisions of this Chapter premises whenever the operator
dispenses beverages or carry a license card.
SEC. 7-2-37 REVOCATION OF OPERATOR’S LICENSE
Violation of any of the terms or provisions of the St. relating to operator’s licenses by any person
holding such cause for revocation of the license.
SEC. 7-2-38 THROUGH SEC. 7-2-39
RESERVED FOR FUTURE USE
ARTICLE C
Penalties
SEC. 7-2-40 PENALTIES.
a) Forfeitures for violations of Secs. 125.07(1)-(5) and 125.09(2) of the Wisconsin Statutes,
adopted by reference in Section 7-2-1 of the Code of Ordinances of the Town of Fond du
Lac, shall conform to the forfeiture penalty permitted to be imposed for violations of the
comparable State Statute, including any variations or increases for subsequent offenses.
b) Any person who shall violate any provision of this Chapter of the Code of Ordinances of the
Town of Fond du Lac, except as otherwise provided in Subsection (a) herein or who shall
conduct any activity or make any sale for which a license is required without a license, shall
be subject to a forfeiture as provided in the general penalty section of this Code of the Town
of Fond du Lac.
c) Nothing herein shall preclude or affect the power of the sentencing court to exercise
additional authorities granted by the Wisconsin Statutes.
CHAPTER 3
Cigarette License
7-3-1
Cigarette License
SEC. 7-3-1
CIGARETTE LICENSE.
a) License Required. No person or entity shall, in any manner, directly or indirectly, upon any
premises, or by any device, sell, exchange, barter, dispose of or give away, or keep for sale,
any cigarette, cigarette paper or cigarette wrappers, or any substitute therefor, without first
obtaining a license as hereinafter provided.
b) Application for License; Fee. Every person or entity desiring a license under this Section
shall file with the Town Clerk a written application therefor, stating the name of the person
and the place for which such license is desired. Each license shall be filed by the Clerk and
shall name the licensee and the place wherein he/she is authorized to conduct such business,
and the same shall not be delivered until the applicant shall pay to the Clerk a license fee in
c) Issuance and Term of License. Licenses for the sale, exchange, barter, disposition
of, or giving away or keeping for sale of cigarette paper or cigarette wrappers or any
substitute therefor shall be issued by the Clerk. Each license shall be issued on the first day
of July in each year, or thereafter whenever applied for, and shall continue in force from date
of issuance until the succeeding June 30th unless sooner revoked for any violation of this
Section.
CHAPTER 4
Transient Merchants
7-4-1
7-4-2
7-4-3
7-4-4
7-4-5
7-4-6
7-4-7
7-4-8
SEC. 7-4-1
Registration Required
Definitions
Exemptions
Registration
Investigation
Appeal
Regulation of Transient Merchants
Revocation of Registration
REGISTRATION REQUIRED.
It shall be unlawful for any transient merchant to engage in direct sales within the Town without
being registered for that purpose as provided herein.
SEC. 7-4-2
DEFINITIONS.
In this Chapter:
a) Transient Merchant means any individual who engages in the retail sale of merchandise at
any place in this state temporarily, and who does not intend to become and does not become
a permanent merchant of such place. The term shall include, but not be limited to, peddlers,
solicitors and transient merchants. The sale of goods includes donations required by the
transient merchant for the retention of goods by a donor or prospective customer. For
purposes of this Section, sale of merchandise includes a sale in which the personal services
rendered upon or in connection with the merchandise constitutes the greatest part of value for
the price received, but does not include a farm auction sale conducted by or for a resident
farmer of personal property used on the farm, or the sale of produce or other perishable
products at retail or wholesale by a resident of the State of Wisconsin.
b) Permanent Merchant means any person who, for at least one (1) year prior to the
consideration of the application of this Chapter to said merchant:
1) Has continuously operated an established place of business in the Town; or
2) Has continuously resided in the Town and now does business from his residence.
c) Merchandise shall include personal property of any kind, and shall include merchandise,
goods, or materials provided incidental to services offered or sold. The sale of merchandise
includes donations required by the seller for the retention of merchandise by a donor or
prospective customer.
d) Charitable Organization shall include any benevolent, philanthropic, religious, patriotic or
eleemosynary person, partnership, association or corporation, or one purporting to be such,
including, for example, Boy Scouts, Girl Scouts, 4-H Clubs and school organizations.
e) Clerk shall mean the Town Clerk of the Town of Fond du Lac, or his/her designee.
f) Person shall mean all humans of any age or sex, partnerships, corporations, associations,
groups, organizations and any other description of a collection of human beings working in
concert or for the same purpose or objective.
SEC. 7-4-3
EXEMPTIONS.
The following shall be exempt from all provisions of this Chapter:
a) Any person delivering newspapers, fuel, dairy products or bakery goods to regular customers
on established routes;
b) Any person selling merchandise at wholesale to dealers in such merchandise;
c) Any person selling Wisconsin agricultural products which the person has grown;
d) Any permanent merchant or employee thereof who takes orders at the home of the buyer for
merchandise regularly offered for sale by such merchant within this county and who delivers
such merchandise in their regular course of business;
e) Any person who has an established place of business where the merchandise being sold or is
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 selling or offering for sale a service unconnected with the sale or offering for sale
of merchandise;
h) 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;
i) 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 Town Clerk proof that
such charitable organization is registered under Sec. 440.41, Wis. Stats. Any charitable
organization engaging in the sale of merchandise and not registered under Sec. 440.41, Wis.
Stats., or which is exempt from that statute’s registration requirements, shall be required to
register under this Chapter.
j) Any person who claims to be a permanent merchant, but against whom complaint has been
made to the Town Clerk that such person is a transient merchant, provided that there is
submitted to the Town Clerk proof that such person has leased for at least one (1) year, or
purchased, the premises from which he/she is conducting business, or proof that such person
has conducted such business within a five (5) mile radius of the Town for at least one (1)
year prior to the date complaint was made.
k) Any individual licensed by an examining board as defined in Sec. 15.01(7), Wis. Stats.
1) This Chapter does not apply to transient merchants while doing business at special events
authorized by the Town Board.
m) Minors under eighteen (18) years of age who are residents of the School District(s) in the
Town.
SEC. 7-4-4
REGISTRATION.
a) Registration Information.. Applicants for registration must complete and return to the Town
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) Height, weight, color of hair and eyes, and date of birth;
3) Name, address and telephone number of the person or entity that the transient merchant
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 merchandise offered and
any services offered;
6) Proposed method of delivery of merchandise, if applicable;
7) Make, model and license number of any vehicle to be used by applicant in the conduct of
his business;
8) Last cities, villages, towns, not to exceed three (3), where applicant conducted similar
business just prior to making this registration.
9) Place where applicant can be contacted for at least seven (7) days after leaving the Town;
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 (5) years, the nature
of the offence and the place of conviction.
b) Identification and Certification. Applicants shall present to the Clerk for examination:
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 sealer of weights and measures
where applicant’s business requires use of weighing and measuring devices approved by
state authorities;
3) A state health officer’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 ninety (90) days prior to the date the application for license is made.
c) Registration and Investigation Fee.
1) At the time of filing applications, a registration fee in accordance with the Town Board’s
current fee schedule shall be paid to the Clerk to cover the cost of investigation of the
facts stated in the applications and for processing said registration. Every member of a
group must file a separate registration form.
2) The applicant shall sign a statement appointing the Clerk his 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.
3) Upon payment of said fees and the signing of said statement, the Clerk shall register the
applicant as a transient merchant and date the entry. Said registration shall be valid for a
period of one (1) year from the date of entry, subject to subsequent refusal as provided in
Sec. 7-4-5(b) below.
d) License; Fees. Except as provided by Section 7-4-3, no person shall conduct any activity as a
transient merchant without a license. Every applicant for a license shall pay a license fee as
follows:
1) Annual License. The fee for an annual license shall be in accordance with the Town
Board’s current fee schedule which shall be paid to the Clerk. Such license shall be for a
calendar year and shall expire on December 31 following its issuance, provided however,
that the fee shall be one-half (1/2) of the amount stipulated for a calendar year if it is
issued on or after July 1 of any year.
2) Daily License. The daily license fee shall be in accordance with the Board’s current fee
schedule per day which shall be paid to the Clerk. The license shall set forth the exact
days on which such business may be carried out.
SEC. 7-4-5
INVESTIGATION.
a) Upon receipt of each application, the Clerk may refer it to the Sheriff’s Department, or other
appropriate law enforcement agency, for an investigation of the statements made in such
registration, said investigation to be completed within seven (7) days from the time of
referral.
b) The Clerk shall refuse to register the applicant and issue a permit 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 and towns, not exceeding three (3), in
which the applicant conducted similar business; the applicant was convicted of a crime,
statutory violation or ordinance violation within the last five (5) 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 Section 7-4-4(b) above.
SEC. 7-4-6
APPEAL
Any person denied registration may appeal the denial through the appeal procedure provided by
ordinance or resolution of the Board or, if none has been adopted, under the provisions of Secs.
68.07 through 68.16, Wis. Stats.
SEC. 7-4-7
REGULATION OF TRANSIENT MERCHANTS.
a) Prohibited Practices.
1) A transient merchant shall be prohibited from: calling at any dwelling or other place
between the hours of 9:00 p.m. and 8:00 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 transient merchant shall not misrepresent or make false, deceptive or misleading
statements concerning the quality, quantity or character of any merchandise offered for
sale, the purpose of his visit, his identity or the identity of the organization he represents.
A charitable organization transient merchant shall specifically disclose what portion of
the sale price of merchandise 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 merchandise.
3) No transient merchant 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 transient merchant shall make any loud noises or use any sound amplifying device to
attract customers if the noise produced is capable of being plainly heard outside a one
hundred (100) foot radius of the source.
5) No transient merchant shall allow rubbish or litter to accumulate in or around the area in
which he is conducting business.
b) Disclosure Requirements.
1) After the initial greeting and before any other statement is made to a prospective
customer, a transient merchant shall expressly disclose his name, the name of the
company or organization he is affiliated with, if any, and the identity of merchandise or
services he offers to sell.
2) If any sale of merchandise is made by a transient merchant or any sales order for the later
delivery of merchandise 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
Twenty-five Dollars ($25.00), in accordance with the procedure as set forth in Sec.
423.203, Wis. Stats.; the seller shall give the buyer two (2) copies of a typed or printed
notice of that fact. Such notice shall conform to the requirements of Sections
423.203(1)(a)(b) and (c), (2) and (3), Wis. Stats.
3) If the transient merchant takes a sales order for the later delivery of merchandise, he
shall, at the time the order is taken, provide the buyer with a written statement containing
the terms of the agreement, 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.
SEC. 7-4-8
REVOCATION OF REGISTRATION.
a) Registration may be revoked by the Board after notice and hearing if the registrant made any
material omission or materially inaccurate 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 Chapter 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 or pursuant to Section 7-4-4(c) on the
registrant at least seventy-two (72) hours prior to the time set for the hearing; the notice shall
contain the time and place of hearing and a statement of the acts upon which the hearing will
be based.
CHAPTER 5
Use of Explosives; Blasting Activities
7-5-1
7-5-2
7-5-3
7-5-4
7-5-5
7-5-6
7-5-7
Authority and Purpose
Definitions
Regulation of Explosive Materials and Blasting
Temporary Permits
Regulation of Blasting Resultants
Applicability
SEC. 7-5-1
AUTHORITY AND PURPOSE.
a) Authority. This Chapter is adopted pursuant to the police powers granted to the Town under
b) Purpose. The purpose of this Chapter is to:
1) Protect the health, welfare and safety of Town residents;
2) Protect public and private property located within the Town;
3) Regulate the use of explosive materials and establish uniform limits on the permissible
levels of blasting resultants to reasonably assure that blasting resultants do not cause
injury, damage or nuisance to persons or property.
SEC. 7-5-2
DEFINITIONS.
a) The following definitions shall apply in this Chapter. Terms not herein defined shall be
understood to have their usual and ordinary dictionary meaning:
1) “Airblast”. An airborne shock wave resulting from the detonation of explosives.
2) “Approves”. Approval granted by the Town of Fond du Lac.
3) “Blaster”. Any individual holding a valid blaster’s license issued by the Wisconsin
Department of Commerce.
4) “Blasting”. Any method of loosening, moving or shattering means of solid matter by use
of an explosive.
5) “Blasting Operation”. Any operation, enterprise or activity involving the use of blasting.
6) “Blasting Resultants”. The physical manifestations of forces released by blasting,
including, but not limited to, projectile matter, vibration and concussion, which might
cause injury, damage or unreasonable nuisance to persons or property located outside the
controlled blasting site area.
7) “Community”. A built-up inhabited area.
8) “Permitted Explosives Use Area”. The area that surrounds a blasting site
and:
a. Is owned by the operator; or
b. With respect to which, because of property ownership, employment, relationship or
agreement with the property owner, the operator can take reasonably adequate
measures to exclude or to assure the safety of
persons and property.
9) “Detonator”. Any device containing a detonating charge that is used for initiating
detonation in an explosive. The term includes, but is not limited to, electric blasting caps
of instantaneous and delay types, blasting caps for use with safety fuses, detonating cord
delay connectors, and non-electric instantaneous and delay blasting caps.
10) “Department”. The Wisconsin Department of Commerce.
11) “Electric Blasting Cap”. A blasting cap designed for, and capable of, initiation by means
of an electric current.
12) “Explosion”. The substantially instantaneous release of both gas and heat.
13) “Explosive”. Any chemical compound, mixture or device, the primary or common
purpose of which is to function by explosion unless the compound, mixture or device is
otherwise classified by the Department by rule.
14) “Explosive Materials”. Explosives, blasting agents and detonators. The term includes, but
is not limited to, dynamite and other high explosives, slurries, emulsions, water gels,
blasting agents, black power, pellet powder, initiating explosives, detonators, safety
fuses, squibs, detonating cord, igniter cord and igniters.
15) “Flyrock”. Rock that is propelled through the air from a blast.
16) “Ground Vibration”. A shaking of the ground caused by the elastic wave emanating from
a blast.
17) “Highway”. Any public street, public alley or public road.
18) “Inhabited Building”. A building regularly occupied in whole or in part as a habitation
for human beings, or any church, schoolhouse, railroad station, store or other structure
where people are accustomed to assemble, except any building or structure occupied in
connection with the manufacture, transportation, storage or use of explosive materials.
19) “Particle Velocity”. Any measure of ground vibration describing the velocity at which a
particle of ground vibrates when excited by a seismic wave.
20) “Person”. Any individual, corporation, company, association, firm, partnership, society or
joint stock company.
21) Powder Factor”. Any ratio between the amount of powder loaded and the amount of rock
broken.
22) “Primer”. A capped fuse, electric detonator or any other detonating device inserted in or
attached to a cartridge of explosive.
23) “Stemming”. The inert material, such as drill cutting, used in the collar portion or
elsewhere of a blast hole to confine the gaseous products of detonation.
24) Nuisance. An injurious effect on the safety, health, or morals of the public, or use of
property which works some substantial annoyance, inconvenience, or injury to the public
and which causes hurt, inconvenience, or damage.
25) “Town”. The Town of Fond du Lac, Fond du Lac County, Wisconsin.
SEC. 7-5-3 REGULATION OF EXPLOSIVE MATERIALS AND BLASTING.
a) General.
1) General Permit(s) Required. No person shall handle or use explosive materials in the
Town unless he:
a. Possesses a valid State of Wisconsin blaster’s license with the proper classification or
is supervised by a holder of a valid State of Wisconsin blaster’s license with the
proper classification; and
2) Firearms Exception. For purposes of this Chapter, blasting does not include the discharge
of firearms for hunting.
b) Town Permit Requirements. No person shall handle, use or cause explosives to be detonated
within the Town without an explosives use permit issued by the Town, as hereafter set forth,
to such person, his supervisor or employer:
1) Application. Applications for an explosives use permit shall be in writing upon forms
provided by the Town Clerk. Applications shall be accompanied by a permit fee in
accordance with the Town Board’s current fee schedule. Permits shall be issued on an
annual basis commencing January 1 and ending on December 31. Applications may be
made by and permits issued to the blasting business, provided that the person doing the
blasting or responsible for such blasting shall hold a valid Wisconsin blaster’s license
with proper classification. The application will identify the licensed blasters operating
under the permit and the blasting locations within the Town.
2) Financial Assurance. Each application for an explosives use permit as herein stated, or a
renewal thereof, shall be accompanied by a certificate of insurance evidencing
comprehensive general public liability insurance against claims for bodily injury, death,
or property damage arising out of the blasting operation; such insurance to afford
protection to the Town and its residents of not less than One Million Dollars ($1,000,000)
with respect to bodily injury or death to any one (1) person, not less than Three Million
Dollars ($3,000,000) with respect to any one (1) accident, and not less than One Hundred
Thousand Dollars ($100,000) with respect to property damage. The certificate of
insurance shall name the Town and its residents as additional insureds under the relevant
policy. Any insurance which the blaster is obligated to carry under the terms of this
Chapter may be carried under so-called “blanket” policies covering other properties or
liabilities of the blaster, provided, that such blanket policies otherwise comply with the
provisions of this Subsection. Each insurance policy shall provide that it shall not be
cancelled by the insurance company, except after not less than ninety (90) days’ notice to
the Town, in writing, by registered or certified mail. Not less than thirty (30) days prior to
the expiration of the ninety (90) day notice of cancellation, the blaster must deliver to the
Town a replacement insurance policy in absence of which all blasting shall cease. The
liability insurance must be issued by a company licensed by the State of Wisconsin to
issue the policy. The Town Board reserves the right to increase the amount of the
insurance policy depending on the circumstances of the blasting activity.
3) Explosives Use Plan. Each application for an explosives use permit or a renewal thereof
shall include a written description of the total area within which explosives are proposed
to be used, blasting procedures to be employed, including types of explosives, initiating
systems, and an aerial photograph or drawing acceptable to the Town Board with a scale
of no less than one (1) inch equals one hundred (100) feet and having an overlaying grid
of fifty (50) feet by fifty (50) feet which accurately includes all areas and inhabited
buildings within five hundred (500) feet of all proposed blasting areas.
4) Hours of Operation. Blasting shall only be conducted between 9:00 a.m. and 4:00 p.m. on
Monday through Friday, provided, however, that in the event an emergency has delayed a
blast beyond 4:00 p.m., a loaded hole may be blown within a reasonable time thereafter.
Blasting shall not be conducted at other times or on Sundays or legal holidays without
written permission from the Town Board or its designee, which shall only be granted
upon a showing of extreme need.
5) Blasting Log. An accurate blasting log shall be prepared and maintained for each blast
fired, and a true and complete copy of said log shall be supplied to the Town Clerk within
seven (7) working days of the initiation of the blast. The Town may require that the
permittee furnish to the Town an analysis of any particular blasting log to be prepared by
the permittee. In the event the permittee cannot or will not prepare a reliable analysis, the
Town may obtain such analysis from an independent expert. The permittee shall be liable
for the reasonable cost of such analysis if it is determined after an opportunity to be heard
that this requirement was violated by the permittee. Each blasting log shall include, but
not be restricted to, the following information:
a. Name and license number of blaster in charge of blast;
b. Blast location with grid coordinate references to the supplied aerial photograph or
drawing of the explosives use area;
c. Date and time of blast;
d. Weather conditions at time of blast;
e. Diagram and cross-section of blast hole layout;
f. Number of blast holes;
g. Blast hole depth and diameter;
h. Spacing and burden of blast holes;
i. Maximum holes per delay;
j. Maximum pounds of explosives per delay;
k. Depth and type of stemming used;
1. Total pounds of explosives used, including primers and initiating cord;
m. Distance to nearest inhabited building not owned by permittee;
n. Type of initiation system used;
o. Seismographic and airblast information, which shall include:
1. Type of instrument and last calibration date;
2. Exact location of instrument and date, time and distance from the blast,
3. Name and company affiliation of person taking reading;
4. Name of the person and firm analyzing the seismographic and airblast date when
required;
5. Vibrations and airblast levels recorded; and
6. Copy of the seismograph printout.
SEC. 7-5-4
TEMPORARY PERMITS.
a) Temporary Permit Requirements. The Town Clerk or Building Permit Issuer upon receipt
of a properly completed temporary permit application form, may issue a temporary permit to
allow for special construction or demolition activities requiring the use of explosives.
Temporary permits shall be issued for a duration of fourteen (14) consecutive working days.
The Town Board, in its discretion, may grant one (1) fourteen (14) day extension. Only one
(1) temporary permit [and one (1) renewal] can be issued for any given site within the year of
permit issuance. Applicants for temporary permits are required to provide financial
assurance as specified in Section 7-5-4(b) and provide notice to all neighbors within five
hundred (500) feet of the special construction or demolition activity.
b) Temporary Permit Categories. Permits shall be in the following categories:
1) Road, Sewer, Heavy Construction. The fee shall not exceed Five Hundred Dollars
($500.00) determined by the Town Board based on the explosive use plan submitted by
contractor or blaster.
2) Construction Authorized by Town Board. Construction authorized by the Town Board
for town use is exempt from the fee. Applicants for these permits are required to file
financial assurances as specified in Section 7-5-3(b) and provide notice to all neighbors
within five hundred (500) feet.
3) Construction. This category includes home building, septic systems, swimming pools,
etc. The fee is included in the building permit. If blasting becomes necessary after the
issuance of a building permit, a fee in accordance with the Town Board’s current fee
schedule will be assessed for the blasting permit. No bond is required. However, proof
of insurance and notice to all neighbors within five hundred (500 feet is required.
SEC. 7-5-5
REGULATION OF BLASTING RESULTANTS.
a) Purpose of Section. It is the purpose of this Section to provide for the establishment of
uniform limits on permissible levels of blasting resultants to reasonably assure that blasting
within the Town does not cause injury, damage or a nuisance to persons or property outside
and beyond the permitted explosives use area.
b) Instrumentation. All blast-monitoring instruments used to produce data to support
compliance with this Subsection shall meet the following minimum specifications:
Seismic frequency range. Two (2) to two hundred (200) Hz (± 3 Hz).
Acoustic frequency range. Two (2) to two hundred (200) Hz (± 1dB).
Velocity range. 0.02 to four (4.0) inches per second.
Sound range. One hundred (100) to one hundred forty (140) dB linear.
Transducers. Three (3) mutually perpendicular axes.
Recording. Provide time-history of wave form.
Printout. Direct printout showing time, date, peak air pressure, peak particle velocity and
frequency in three (3) directions and a printed waveform graph of the event depicting
measured air blast and particle velocity in the three (3) directions.
8) Calibration. At least once every twelve (12) months according to manufacturer’s
recommendations.
1)
2)
3)
4)
5)
6)
7)
c) Control of Adverse Effects Generally. The permittee shall take necessary steps prescribed
by the Town to control adverse effects from his activity.
d) General Requirements. Blasting shall be conducted so as to prevent injury and
unreasonable annoyance to persons and damage to public or private property outside the
permitted explosives use area.
e) Airblast.
1) Limits. Airblast shall not exceed the maximum limits listed in Table A-1 at the location
of any dwelling, public building, place of employment, school, church or community or
institutional building outside and beyond the permitted explosives use area.
Notwithstanding this general requirement, an annual permit holder subject to this
limitation may exceed the limitation on up to five percent (5%) of the blasts it initiates
during the period from January 1 to December 31 without violating this Ordinance,
provided that the airblast produced by such blasts does not exceed the limitations on
airblast imposed by the Wisconsin Department of Industry, Labor and Human Relations
in Subsection ILHR 7.64(2), Wis. Adm. Code, as amended from time to time.
Table A-1
Airblast Limits
Lower Frequent Limit of
Measuring System in Hz
2 Hz or lower – Flat response
6 Hz or lower – Flat response
Maximum Level in dB
123 peak
129 peak
2) Monitoring.
a. The permittee shall monitor all blasts at the closest location to the blast of any
dwelling, public building, place of employment, school, church or community or
institutional building outside and beyond the permittee explosives use area, provided,
however, that the permittee may monitor, at another location, approximately the same
distance from the blast site, if the permittee is unable to obtain permission to conduct
the monitoring from the owner of the preferred location. The Town Board or its
designee may, at its discretion, require the relocation of monitoring equipment to a
more suitable site and/or may conduct independent air-blast monitoring to spot-check
data supplied by the permittee. If independent monitoring by the Town after hearing
discloses that this Chapter was violated by the permittee, then in that event, the
permittee shall pay the reasonable costs incurred by the Town for the independent
monitoring. Upon receiving and approving billings for such expenses, the Town shall
cause notice of the expenses to be mailed to the permittee, who shall reimburse the
Town for such expenses within thirty (30) days after receipt of such notice.
b. The measuring equipment used shall have an upper end flat frequency response of at
least tow hundred (200) Hz.
c. All measuring equipment during monitoring shall be spiked to the ground or
sandbagged.
f) Flyrock. Flyrock produced as a result of explosives use shall be totally contained within the
permitted explosives use area.
g) Ground Vibration.
1) General.
a. The maximum ground vibration at the location of any dwelling, public building, place
of employment, school, church or community or institutional building outside or
beyond the permitted explosives use area shall have a maximum peak-particlevelocity limit as provided by the Department, the scaled-distance equation provided
by the Department, or the blasting level chart provided by the Department, whichever
is applicable hereunder.
b. All structures in the vicinity of the permitted explosives use area, not listed in
Subsection (g)(1), such as water towers, pipelines and other utilities, tunnels, dams,
impoundments and underground mines shall be protected from damage by
establishment by the permit holder of a maximum allowable limit on the ground
vibration. The permit holder shall establish the limit after consulting with the owner
of the structure.
2) Seismic Monitoring.
a. The Town Board, in its discretion, may conduct independent seismic blast monitoring
to spot-check data supplied by the permit holder. If the independent monitoring was
done after good cause was shown therefore and after the permittee was given notice
and an opportunity to be heard on the matter, the permittee shall be liable to the Town
for all expenses incurred by the Town as a result of such independent monitoring.
Upon receiving and approving billings for such expenses, the Town shall cause notice
of the expenses to be mailed to the permittee, who shall reimburse the Town for such
expenses within thirty (30) days after receipt of such notice.
b. The Town Board, upon good cause shown and after giving the permittee notice and
an opportunity to be heard, may request analysis of records and data for any or all
blasts which occurred within the permitted explosives use area.
3) Preblasting Notification.
a. Each explosives use permit application and all reapplications shall include the names
and addresses of all residents or owners of dwellings or other structures located
within an area affected by the permitted explosives use. The affected area shall be
determined based on the maximum pounds of explosive per eight (8) MS delay from
the previous three (3) years’ high. This calculation’s square root x one hundred (100)
shall determine the affected in area in feet. This calculation shall be the maximum
distance from the boundary of the quarry where a preblast survey may be requested.
One thousand (1,000) feet shall be the minimum distance for which a preblast survey
may be requested regardless of the above calculation. Residents outside of these
boundaries may petition the Town Board for a preblast survey, with the survey to be
at the quarry operator’s expense. Residents denied this preblast survey may, at their
own expenses, secure a survey by a company acceptable to the quarry operator. The
quarry operator may not unreasonably reject the company proposed to perform the
survey. The surveys performed in this paragraph will serve as the basis for damage
claims against the quarry operator. The blasting logs used to determine the previous
three (3) years’ high, as references in this Subsection, are available for inspection
from the Town Clerk. [See Section 7-5-3(b)(5)]
b. At the time of permit application, the applicant shall have notified, in writing, all
residents or owners of dwellings or other structures located within the affected area,
previously defined in Subsection (g)(3)a immediately above, who may request a
preblast survey. All preblast surveys shall include a water quality test for existing
wells. The applicant shall cause a preblast survey to be conducted as to such
dwellings or structures, and extensive water quality testing for existing wells,
provided, however, that the applicant shall not be required to conduct a preblast
survey more than once every six (6) years and a well water quality test more than
once every four (4) years. The applicant or permittee are responsible for the costs of
all requested preblast surveys and water quality tests.
c. The survey shall include a written report signed by the person who conducted the
survey. Copies of the survey report shall be promptly provided to the Town Clerk,
the owner or resident, and the applicant/permittee. The owner, resident or
applicant/permittee shall promptly submit in writing to the Town any objections to
the survey report, setting forth in detail such objections.
d. The owner of a dwelling or structure that is within the affectd area defined in
Subsection (3)(a) above, who subsequent to the preblast survey has substantially
modified or improved the dwelling or structure by fifty percent (50%) or more of the
fair market value may request a new preblast survey. If it is found that a preblast
survey is appropriate, the permittee may conduct such surveys within a reasonable
period of time, but not exceeding twice a year for all such requested by all owners.
These updated surveys shall be requested in writing submitted to the Town Board,
which shall promptl notify the permittee of the request.
e. All expenses incurred as a result of such independent surveys shall be the
responsibility of the applicant/permittee. Upon receiving and approving billings for
such expenses, the Town shall cause notice of the expenses to be mailed to the
applicant/permittee, who shall reimburse the Town for such expenses within thirty
(30) days after receipt of such notice.
SEC. 7-5-6
APPLICABILITY.
a. Effective Date. All use of explosives and blasting activity conducted in the Town on or after
the date or original adoption of this Chapter shall be subject to the provisions of this Chapter.
Existing operations of whatever nature, including without limitation nonmetallic mining
operations, shall comply with the terms of this Chapter.
b. Other Ordinances. Where the provisions of this Chapter conflict with any provisions of any
other Town Ordinance, the provisions of this Chapter, if more restrictive than those of the
other ordinances, shall control and shall supersede the provisions of the other ordinances.
c. State and Federal Laws. Where the provisions of this Chapter conflict with the provisions
of any applicable State or Federal law or regulation, the provisions of the most restrictive
Ordinance, Statute or Regulation shall control, to the extent permitted by State and Federal
law.
SEC. 7-5-7
VIOLATIONS AND PENALTIES.
a. Enforcement Provisions.
1) Enforcement. The following are criteria that the Town Board may consider for issuance,
re-issuance, suspension or revocation of a blasting permit:
a. compliance with the blasting standards established by the Town of Fond du Lac as
noted herein by this Chapter.
b. Development and submittal to the Town Board of the Town of Fond du Lac the
explosives use plan and fails upon operation to comply with the plan.
c. Development and submittal to the Town Board of the Town of Fond du Lac the
blasting log and fails upon operation to comply with the information called for by the
blasting log.
d. Maintaining the financial assurance requested by the Town Board of the Town of
Fond du Lac.
e. Compliance with the operational hours for blasting as noted herein by this Chapter.
f. Compliance with airblast and ground vibration standards established by the Town of
Fond du Lac as noted herein by this Chapter.
g. Compliance with the pre-blasting notification requirements to residents and the Town
Board as noted hereby by this Chapter.
h. Attempts made by the permittee or party in interest to comply with the provisions of
this Chapter.
i. Consideration of atmospheric, unknown conditions including geophysical conditions,
and other matters beyond the control of the permittee or party in interest.
2) Suspension/Revocation.
a. Unless expressly provided herein or by other Town of Fond du Lac ordinance
provisions, the explosive use permit may be suspended or revoked for cause for
substantial noncompliance with this Chapter after the proper Town of Fond du Lac
hearing noted below, unless in an emergency condition determined by a designated
member of the Town Board and either the Town Clerk, the Town Constable, or the
permit issue of the Town of Fond du Lac wherein the license, registration or permit
can be suspended temporarily for a set time period. Prior to any action for suspension
or revocation, the Town Board of the Town of Fond du Lac must, by the Town Clerk
of the Town of Fond du Lac, receive a verified complaint concerning the licensee,
registrant or permittee. The following persons may file a verified complaint with the
Town Board of the Town of Fond du Lac:
1.
2.
3.
4.
5.
6.
7.
The Town Chair.
The Town Clerk.
The Town Supervisors.
The Town Zoning Administrator/Building Inspector.
The Town Constable or other law enforcement officer.
Any Town of Fond du Lac resident.
A landowner within one thousand (1,000) feet of the blasting site.
b. The Town Board will make a determination if the allegations of the complaint are of
sufficient magnitude, importance, or otherwise of such a nature as to require a formal
evidentiary hearing.
c. The person subject to charges for violation of any Town of Fond du Lac ordinance or
any violation of a condition of the explosives use permit shall be provided a copy of
the verified complaint and notice of hearing before the Town Board of the Town of
Fond du Lac. The hearing shall be required to be not less than ten (10) days nor more
than thirty (30) days after the receipt of notice, unless stipulated in writing by the
Town Board of the Town of Fond du Lac and the person subject to charges.
d. The person subject to charges for violation of any Town of Fond du Lac ordinance or
any violation of a condition of the explosive use permit shall be entitled to the
following:
1. Representation by legal counsel.
2. Right to present and cross examine witnesses.
3. Right to subpoena witnesses by the Town Chair of the Town of Fond du Lac
issuing subpoenas to compel attendance of witnesses.
e. The Town Board of the Town of Fond du Lac may, after the hearing for any person
previously issued an explosive use permit by the Town Board of the Town of Fond du
Lac, act as follows:
1.
2.
3.
4.
Revoke the permit as a final decision.
Suspend the permit for a date certain as a final decision.
Request additional information as an interim decision prior to taking future action.
Take no action on the permit as a final decision.
f. The final decision of the Town Board of the Town of Fond du Lac to revoke or
suspend the explosives use permit shall be subject to appeal to the Circuit Court.
b. Penalties for Violations. In addition to the denial, suspension or revocation of a permit
issued under this Chapter, any person who shall violate any provision of this Chapter or who
shall fail to obtain a permit as required hereunder shall upon conviction of such violation, be
subject to a penalty of a civil forfeiture as prescribed in Section 1-1-6 of this Code of
Ordinances, together with the costs of prosecution. Each violation and each day a violation
continues or occurs shall constitute a separate offense. Nothing in this Chapter shall preclude
the Town from maintaining any appropriate action to prevent or remove a violation of any
provision of this Chapter. Any default of such forfeiture determined by a Court of competent
jurisdiction shall be subject to any penalties as provided by Sections 66.115, 66.117, 66.119
and 66.12, Wis. Stats., as may be amended.
CHAPTER 6
Regulation and Licensing of Fireworks
7-6-1
SEC. 7-6-1
REGULATION OF FIREWORKS
a) Statutory Authority. This Section is adopted pursuant to the powers granted to Towns under
Secs. 60.22, 66.052, and 167.10(5), Wis. Stats. The provisions of this Section are intended to
supplement, not replace, the existing statutory requirements set forth in Ch. 167, Wis. Stats.
b) Definition. This Section incorporates by reference the definition of “fireworks” as set forth
in Sec. 167.10, Wis. Stats., as amended from time to time. In this Section, “fireworks” means
anything manufactured, processed or packaged for exploding, emitting sparks or combustion
which does not have another common use, but does not include any of the following:
1) Fuel or a lubricant.
2) A firearm cartridge or shotgun shell.
3) A flare used or possessed or sold for use as a signal in an emergency or in the operation
of a railway, aircraft, watercraft or motor vehicle.
4) A match, cigarette lighter, stove, furnace, candle, lantern or space heater.
5) A cap containing not more than one-quarter (1/4) grain of explosive mixture, if the cap is
used or possessed or sold for use in a device which prevents direct bodily contact with a
cap when it is in place for explosion.
6) A toy snake which contains no mercury.
7) A model rocket engine.
8) Tobacco and a tobacco product.
9) A sparkler on a wire or wood stick not exceeding thirty-six (36) inches in length or 0.25
inch in outside diameter which does not contain magnesium, chlorate or perchlorate.
10) A device designed to spray out paper confetti or streamers and which contains less than
one-quarter (1/4) grain of explosive mixture.
11) A device designed to produce an audible sound but not explode, spark, move or emit an
external flame after ignition and which does not exceed three (3) grams in total weight.
12) A device that emits smoke with no external flame and does not leave the ground.
13) A cylindrical fountain not exceeding one hundred (100) grams in total weight with an
inside tube diameter not exceeding 0.75 inch, designed to sit on the ground and emit only
sparks and smoke.
14) A cone fountain not exceeding seventy-five (75) grams in total weight, designed to sit on
the ground and emit only sparks and smoke.
c) Sale. No person may sell or possess with intent to sell fireworks, except:
1) To a person holding a permit under Subsection (d)(3);
2) To a municipality; or
3) For a purpose specified under Subsection (d)(2)b-f.
d) Use.
1) Permit Required. No person may possess or use fireworks without a user’s permit from
the Town Chairperson or from an official or employee of the Town as designated by the
Town Board. No person may use fireworks or a device listed under Subsection (a)(5)-(7)
and (9)-(14) while attending a fireworks display for which a permit has been issued to a
person listed under Subparagraph (d)(3)a-e or under Subparagraph (d)(3)f if the display is
open to the general public.
2) Permit Exceptions. Subparagraph (d)(1) above does not apply to:
a. The Town, except that Town fire and law enforcement officials shall be notified of the
proposed use of fireworks at least two (2) days in advance.
b. The possession or use of explosives in accordance with rules or general orders of the
Wisconsin Department of Industry, Labor and Human Relations.
c. The disposal of hazardous substances in accordance with rules adopted by the
Wisconsin Department of Natural Resources.
d. The possession or use of explosive or combustible materials in any manufacturing
process.
e. The possession or use of explosive or combustible materials in connection with classes
conducted by educational institutions.
3) Who May Obtain Permit. A permit under this Subsection may be issued only to the
following:
a. A public authority;
b. A fair association;
c. A park board;
d. A civic organization;
e.
An agricultural producer who uses fireworks for the protection of crops from
predatory birds or animals.
4) Crop Protection Signs. A person issued a permit for crop protection shall erect
appropriate warning signs disclosing the use of fireworks for crop protection.
5) Indemnity Bond/Insurance. Any person or entity applying for a user’s permit from the
Town of Fond du Lac shall file an indemnity bond with good and sufficient sureties or a
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 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. The bond or policy shall be
in an amount of not less than One Hundred Thousand Dollars ($100,000.00) for property
damage, Five Hundred Thousand Dollars ($500,000.00) for injury to or death of one (1)
person and One Million Dollars ($1,000,000.00) for all injuries or deaths arising out of or
resulting from any occurrence. The Town shall be provided with a certificate of insurance
issued by the applicant’s insurance company showing such insurance to be in effect and
naming the Town as an additional insured. The bond or policy shall require notice of
cancellation to be sent to the Town at least thirty (30) days prior to any cancellation or
modification.
6) Required Information for Permit. A permit under this Subsection shall specify all of the
following:
a. The name and address of the permit holder.
b. The date on and after which fireworks may be purchased.
c. The kind and quantity of fireworks which may be purchased.
d. The date and location of permitted use.
e. Other special conditions prescribed by ordinance.
7) Copy of Permit. A copy of a permit under this Subsection shall be given to the Fire Chief
at least two (2) days before the date of authorized use.
8) Minors Prohibited. A permit under this Subsection may not be issued to a minor.
e) Storage and Handling.
1) Fire Extinguishers Required. No wholesaler, dealer or jobber may store or handle
fireworks on the premises unless the premises are equipped with fire extinguishers
approved by the Fire Chief.
2) Smoking Prohibited. No person may smoke where fireworks are stored or handled.
3) Fire Chief to be Notified. A person who stores or handles fireworks shall notify the Fire
Chief of the location of the fireworks.
4) Storage Distance. No wholesaler, dealer or jobber may store fireworks within five
hundred (500) feet of a dwelling.
5) Restrictions on Storage. No person may store fireworks within five hundred (500) feet of
a public assemblage or place where gasoline or volatile liquid is sold in quantities
exceeding one (1) gallon.
f) Parental Liability. A parent or legal. guardian of a minor who consents to the use of
fireworks by the minor is liable for damages caused by the minor’s use of the fireworks.
g) Enforcement. Fireworks stored, handled, sold, possessed, or used by a person in violation of
this Section may be seized by the Fond du Lac County Sheriff’s Department. The fireworks
shall be destroyed after conviction for a violation.
h) Continuing Applicability of State Statutes. Nothing in this local ordinance is intended to
modify or supersede the requirements of Ch. 167, Wis. Stats., unless expressly set forth
herein.
Cross-Reference: Section 11-2-2, Sale and Discharge of Fireworks Restricted
CHAPTER 7
Street Use Permits
7-1-1
SEC. 7-7-1
Street Use Permits
STREET USE PERMITS.
a) Purpose. The streets in possession of the Town are primarily for the use of the public in the
ordinary way. However, under proper circumstances, the Town Clerk may grant a permit for
Street use, subject to reasonable municipal regulation and control. Therefore, this Chapter is
enacted to regulate and control the use of streets pursuant to a Street Use Permit to the end
that the health, safety and general welfare of the public and the good order of the Town can
be protected and maintained.
b) Application. A written application for a Street Use Permit by persons or groups desiring the
same shall be made on a form provided by the Town Clerk and shall be filed with the Clerk.
The application shall set forth the following information regarding the proposed street use:
1) The name, address and telephone number of the applicant or applicants.
2) If the proposed street use is to be conducted for, on behalf of, or by an organization, the
name, address and telephone number of the headquarters of the organization and of the
authorizing responsible heads of such organization.
3) The name, address and telephone number of the person or persons who will be
responsible for conducting the proposed use of the street.
4) The date and duration of time for which the requested use of the street is proposed to
occur.
5) An accurate description of that portion of the street proposed to be used.
6) The approximate number of persons for whom use of the proposed street area is
requested.
7) The proposed use, described in detail, for which the Street Use Permit is requested.
c) Representative at Meeting. The person or representative of the group making application for
a Street Use Permit shall be present when the Town Board gives consideration to the granting
of said Street Use Permit to provide any additional information which is reasonably
necessary to make a fair determination as to whether a permit should be granted.
d) Denial of Street Use Permit. An application for a Street Use Permit may be denied if:
1) The proposed street use is primarily for private or commercial gain.
2) The proposed street use would violate any federal or state law or any Ordinance of the
Town.
3) The proposed street use will substantially hinder the movement of police, fire or
emergency vehicles, constituting a risk to persons or property.
4) The application for a Street Use Permit does not contain the information required above.
5) The application requests a period for the use of the street in excess of eight (8) hours.
6) The proposed use could equally be held in a public park or other location. In addition to
the requirement that the application for a Street Use Permit shall be denied, as
hereinabove set forth, the Board may deny a permit for any other reason or reasons if it
concludes that the health, safety and general welfare of the public cannot adequately be
protected and maintained if the permit is granted.
e) Permit Fee. Each application for a Street Use Permit shall be accompanied by a fee in
accordance with the Board’s current fee schedule. The applicant shall be responsible for
obtaining state-approved barricades from a private firm that supplies such equipment and pay
the cost thereof.
f) Insurance. The applicant for a Street Use Permit may be required to indemnify, defend and
hold the Town and its employees and agents harmless against all claims, liability, loss,
damage or expense incurred by the Town on account of any injury to or death of any person
or any damage to property caused by or resulting from the activities for which the permit is
granted. As evidence of the applicant’s ability to perform the conditions of the permit, the
applicant may be required to furnish a Certificate of Comprehensive General Liability
Insurance with the Town. The applicant may be required to furnish a performance bond prior
to being granted the permit.
g) Termination of a Street Use Permit. A Street Use Permit for an event in progress may be
terminated by law enforcement officers if the health, safety and welfare of the public appears
to be endangered by activities generated as a result of the event or the event is in violation of
any of the conditions of the permits or ordinances of the Town. Law enforcement officers
have the authority to revoke a permit or terminate an event in progress if the event organizers
fail to comply with any of the regulations in the street use policy or conditions stated in the
permit.
CHAPTER 8
Regulation of Large Assemblies of Persons
7-8-1
Permits for Large Public Gatherings
SEC. 7-8-1
PERMITS FOR LARGE PUBLIC GATHERINGS.
a) Intent.
1) It is the purpose of the Town Board to regulate the assemblage of large numbers of
people, in excess of those normally needing the health, sanitary, fire, police,
transportation and utility services regularly provided in the Town, in order that the health,
safety and welfare of all persons in the Town, residents and visitors alike, may be
protected.
2) The purpose and intent of this Section is to establish site approval for locations in the
Town used temporarily for large gatherings, as defined in Subsection (b) below, it being
recognized that the character and type of such gatherings vary widely and the facilities
required to carry out the general purpose and intent of this Section should be the subject
of a Public Gathering Permit issued only after public hearing and a determination by the
Board that there will be compliance with the standards set forth in this Section.
b) Scope. This Section shall apply to all public and private gatherings, rallies, assemblies or
festivals at which attendance is greater than five hundred (500) persons for a one (1) day
event and greater than two hundred fifty (250) persons for a two (2) day or more event. The
requirement for a Public Gathering Permit shall not apply to events held in any regularly
established permanent place of worship, stadium, school, athletic field, arena or other similar
permanently established structure designed for assemblies or to church picnic events which
do not exceed by more than two hundred fifty (250) people the maximum seating capacity of
the structure where the assembly is held.
c) Definitions. The following definitions shall be applicable in this Section:
1) Person. Any individual, partnership, corporation, firm, organization, company,
association, society or group.
2) Assembly. A company of persons gathered together at any location at any single time for
any purpose, and may be considered a large public gathering if it falls within the
definition in Subsection (b) above.
3) Public Gathering. Shall be as defined in Subsection (b) above.
d) Permit Required. No person shall permit, maintain, promote, conduct, advertise, act as
entrepreneur, undertake, organize, manage or sell or give away tickets to an actual or
reasonably anticipated large gathering, whether on public or private property, unless a Public
Gathering Permit to hold the assembly has first been issued by the Town Board. A permit to
hold an assembly issued to one person shall permit any person to engage in any lawful
activity in connection with the holding of the licensed assembly.
e) Application for Permit.
1) Applicant. Applications for a Public Gathering Permit shall be made by the owner or a
person having a contractual interest in lands proposed as the site for a public or private
gathering, rally, assembly or festival as defined in this Section. The application shall
contain a statement made upon oath or affirmation that the statements contained therein
are true and correct to the best knowledge of the applicant and shall be signed and sworn
to or affirmed by the individual making application in the case of an individual, natural
human being, by all officers in the case of a corporation, by all partners in the case of a
partnership or by all officers of an unincorporated association, organization, society or
group or, if there be no officers, by all members of such association, organization, society
or group.
2) Filing Period. An application for a Public Gathering Permit shall be filed with the Town
Clerk not less than forty-five (45) days nor more than one hundred twenty (120) days
before the date on which it is proposed to conduct the event.
f) Required Application Information. The application for a Public Gathering Permit shall
contain and disclose all of the following information:
1) The name, residence and mailing address of all persons required to sign the application
by Subsection (e)(1) above and, in the case of a corporation, a certified copy of the
articles of incorporation together with the name, age, residence and mailing address of
each person holding ten percent (10%) or more of the stock of such corporations.
2) The name and mailing address of the promoter and/or sponsor of the gathering.
3) The address and legal description of all property upon which the assembly is to be held,
together with the name, residence and mailing address of the owner of record of all such
property. This description shall be by plat of survey to a scale of one (1) inch equals one
hundred (100) feet prepared by a registered land surveyor showing the location,
boundaries, dimensions, type, elevations and size of the following: subject site, existing
or proposed wells, buildings, fences, woods, streams, lakes or water courses, as well as
the vertical contour interval two (2) feet above the ordinary high water level.
4) Proof of ownership of all property upon which the assembly is to be held or a statement
made upon oath or affirmation by the record owner of all such property that the applicant
has permission to use such property for an assembly of two hundred fifty (250) or more
persons.
5) The nature or purpose of the assembly.
6) The total number of days and/or hours during which the assembly is to last.
7) The maximum number of persons which the applicant shall permit to assemble at any
time, not to exceed the maximum number which can reasonably assemble at the location
of the assembly, in consideration of the nature of the assembly, or the maximum number
of persons allowed to sleep within the boundaries of the location of the assembly by the
zoning ordinances of the county if the assembly is to continue overnight.
8) The maximum number of tickets to be sold, if any.
9) The plans of the applicant to limit the maximum number of people permitted to assemble.
10)
The plans for fencing the location of the assembly and the gates contained in such
fence.
11) The plans for supplying potable water including the source, amount available and
location of outlets.
12) The plans for providing toilet and lavatory facilities including the source, number and
location, type and the means of disposing of waste deposited.
13) The plans for holding, collection and disposing of solid waste material.
14) The plans to provide for medical facilities including the location and construction of a
medical structure, the names and addresses and hours of availability of physicians and
nurses, and provisions for emergency ambulance service.
15) The plans, if any, to illuminate the location of the assembly including the source and
amount of power and the location of lamps.
16) The plans for parking vehicles including size and location of lots, points of highway
access and interior roads including routes between highway access and parking lots.
17) The plans for camping facilities, if any, including facilities available and their location.
18) The plans for security including the number of guards, their deployment, command
arrangements, and their names, addresses, credentials and hours of availability.
19) The plans for fire protection including the number, type and location of all protective
devices including alarms and extinguishers, and the number of emergency fire personnel
available to operate the equipment.
20) The plans for sound control and sound amplification, if any, including number, location
and power of amplifiers and speakers.
21) The plans for food concessions and concessionaires who will be allowed to operate on the
grounds including the names and addresses of all concessionaires and their license or
permit numbers.
22) The application shall include the bond required in Subsection (g) and the permit fee.
g) Bond. The Board shall have authority to require the applicant and site owners to file a cash
bond or establish an escrow account in an amount to be determined by the Board, but not
exceeding One Hundred Thousand Dollars ($100,000.00), conditioned on complete
compliance by the applicant and site owner with all provisions of this Section, the terms and
conditions of the Public Gathering Permit, including cleaning up the site, and the payment of
any damages, administrative and law enforcement costs, fines, forfeitures or penalties
imposed by reason of violation thereof. Such bond or escrow account information shall be
filed with the Clerk prior to the issuance of a permit.
h) Charge for Increased Costs. Where the Board determines that the cost of municipal services
incident to the staging of the usage will be significantly increased because of the usage, the
Board may require the permittee to make an additional payment into the general fund of the
Town in an amount equal to the increased costs.
i) Hearing; Determination. Prior to considering an application for a Public Gathering Permit,
the Board shall conduct a public hearing on the matter. Written notice of such hearing shall
be mailed to the applicant and all property owners adjacent to the site of the proposed
assembly. The Board shall, based on evidence presented at the hearing, make a finding of the
number of persons expected to attend the event. Such finding shall be final and conclusive on
the applicant for the purpose of determining the amount of the permit fee and the
applicability of those standards set forth herein which are dependent upon the number of
persons attending the event.
j) Standards. A Public Gathering Permit shall not be issued unless it is determined, based on
evidence produced at the hearing or submitted with application materials, that the following
standards are or will be met; the applicant may be required to file with the Town Clerk copies
of properly executed contracts establishing the ability to fully provide the services required
under this Section:
1) For events scheduled for two (2) successive days or more, at least one (1) acre of land,
exclusive of roads, parking lots and required yards shall be provided for each one
hundred (100) persons attending.
2) Every site proposed for a Public Gathering Permit shall be on generally well-drained
ground and shall not be on ground on which storm or other waters accumulate or on
ground which is wet or muddy due to subsoil moisture.
3) Due to the physical characteristics of the site, the Board may require that the applicant
shall provide proof that he will furnish, at his own expense, a minimum of two (2) days
before the assembly commences, a snow-fence type fence completely enclosing the
proposed location of sufficient height and strength to prevent people in excess of the
maximum permissible number from gaining access to the assembly grounds, which shall
have at least four (4) gates, at least one (1) at or near four (4) opposite points of the
compass.
4) The applicant shall provide proof that he has contracted for local EMS services to provide
emergency ambulance and EMT services, at the applicant’s expense, for events at which
over one thousand (1,000) persons will be in attendance.
5) The applicant shall provide proof that he will furnish, at his own expense before the
assembly commences if the assembly is to continue during hours of darkness,
illumination sufficient to light the entire area of the assembly at the rate of at least five
(5) foot candles, but not to shine unreasonably beyond the boundaries of the enclosed
location of the assembly.
assembly commences, a free parking area inside of the assembly grounds sufficient to
provide parking space for the maximum number of people to be assembled at the rate of
at least one (1) parking space for every four (4) persons.
assembly commences, security guards, either regularly employed, duly sworn, off-duty
Wisconsin peace officers or private guards, licensed in Wisconsin, sufficient to provide
adequate security for the maximum number of people to be assembled at the rate of at
least one (1) security guard for every five hundred (500) people. If it is determined by the
Town Chairperson that additional police protection shall be required, he may contact the
County Sheriffs Department; and all costs for the additional protection required shall be
deducted from the posted cash bond.
assembly commences, fire protection, including alarms, extinguishing devices and fire
lanes and escapes, sufficient to meet all state and local standards for the location of the
assembly as set forth in the Wisconsin Administrative Code and ordinances of the county
and Town, and sufficient emergency personnel to efficiently operate the required equipment.
9) The applicant shall provide an adequate source of pure water with sufficient supply
outlets for drinking and other purposes to comfortably accommodate the number of
persons expected to attend the event at the rate of one (1) gallon per person per day.
Where a public water supply is not available, potable water, meeting all federal and state
requirements for purity, may be used. Any well or wells supplying any such site shall
comply with the Wisconsin Administrative Code.
10) The applicant shall provide separate enclosed toilets for males and females, meeting all
state and local specifications, conveniently located throughout the grounds, sufficient to
provide facilities for the maximum number of people to be assembled at the rate of at
least one (1) toilet for every one hundred (100) females and at least one (1) toilet for
every two hundred (200) males together with an efficient, sanitary means of disposing of
waste matter deposited, which is in compliance with all state and local laws and
regulations; a lavatory with running water under pressure and a continuous supply of
soap and paper towels shall be provided with each toilet.
11) The applicant shall provide a sanitary method of disposing of solid waste, in compliance
with state and local laws and regulations, sufficient to dispose of the solid waste
production of the maximum number of people to be assembled at the rate of at least two
and one-half (2.5) pounds of solid waste per person per day, together with a plan for
holding and a plan for collection of all such waste at least once each day of the assembly
and sufficient trash cans with tight fitting lids and personnel to perform the task.
12) If the assembly is to continue overnight, camping facilities shall be provided in
compliance with all state and local requirements as set forth in the Wisconsin
Administrative Code and ordinances of the Town and county, sufficient to provide
camping accommodations for the maximum number of people to be assembled.
k) Reasons for Denial. Applicants may be denied for any of the following non-exclusive
reasons:
1) It is for a use which would involve a violation of federal or state law or any Town or
county ordinance.
2) The granting of the permit would conflict with another permit already granted or for
which application is already pending.
3) The application does not contain the information or does not properly satisfy the
conditions required by this Section.
4) The application is made less than the required days in advance of the proposed assembly.
5) The policing of the assembly will require so large a number of persons and vehicles,
including ambulances, as to prevent adequate service of the needs of the rest of the
community.
6) The assembly will substantially hinder the movement of police and fire and other
emergency vehicles as to create a substantial risk to persons and property.
7) The assembly will reasonably create a substantial risk of injury to persons or damage to
property.
8)
The assembly use is so poorly organized that participants are likely to engage in
aggressive or destructive activity.
1) Class B Fermented Malt Beverage Licenses. When fermented malt beverages are sold at
any event authorized by this Section, a valid Temporary Fermented Malt Beverage license
shall be obtained and applicable Town ordinances shall be fully complied with. Said license
must be possessed by the person who filed for the license and shall be presented to any law
enforcement officer upon request.
m) Recommendations of Governmental Agencies. The Clerk may submit a copy of the
application to the County Sheriffs Department and other governmental agencies for their
recommendations.
n) Permit Revocation. Any law enforcement officer, the Town Chairperson, or the Board may
revoke a permit already issued if it is deemed that such action is justified by an actual or
potential emergency due to weather, fire, riot, other catastrophe or likelihood of a breach of
the peace or by a change in the conditions forming the basis of the standards of issuance. In
lieu of revoking a permit, an above-named official may require the permittee to file evidence
of good and sufficient sureties, insurance in force or other evidence of adequate financial
responsibility, running to the Town and such third parties as may be injured or damaged, in
an amount depending upon the likelihood of injury or damage as a direct and proximate
result of the holding of the usage sufficient to indemnify the Town and such third parties as
may be injured or damaged thereby, caused by the permittee, its agents or participants.
o) Fees. The following fees shall be applicable under this Section:
1) Gatherings of Two Hundred Fifty (250) to Five Hundred (500) - Two (2) day or More
Event). No fee.
2) Gatherings of Five Hundred (500) to Two Thousand Five Hundred (2,500). A fee in
3) Gatherings of Two Thousand Five Hundred (2,500) to Five Thousand (5,000). A fee in
4) Gatherings of Over Five Thousand (5,000). A fee in accordance with the Town Board’s
current fee schedule.
CHAPTER 9
Adult-Oriented Establishments
7-9-1
7-9-2
7-9-3
7-9-4
7-9-5
7-9-6
7-9-7
7-9-8
7-9-9
7-9-10
Purpose
Authority
Definitions
License
Physical Layout and Operation
Locational Restrictions
Standards of Conduct and Operation in Adult Cabarets
Measurement
Nonconforming Uses
Miscellaneous
SEC. 7-9-1
PURPOSE.
a) Adult-oriented establishments require special supervision in order to protect and preserve the
health, safety, and welfare of the patrons of such establishments as well as the citizens of the
Town.
b) The Town Board finds that adult-oriented establishments may be used for unlawful sexual
activities, including prostitution and sexual liaisons of a casual nature.
c) It has been found in Milwaukee and Kenosha Counties, Wisconsin; Chattanooga, Tennessee;
Newport News, Virginia; and Marion County, Indiana, to name a few locales, that the
viewing booths in adult-oriented establishments have been and are being used by patrons for
engaging in sexual acts, particularly between males, including but not limited to, intercourse,
sodomy, oral copulation and masturbation, resulting in unsafe and unsanitary conditions in
said booths.
d) Acquired Immune Deficiency Syndrome (AIDS) is a sexually-transmitted disease that
destroys the body’s immune system, and has no known cure. Statistics from the State of
Wisconsin have indicated an increase in the number of AIDS cases in the state. The concern
over sexually-transmitted diseases is a legitimate health concern of the Town that demands
reasonable regulation of adult-oriented establishments in order to protect the health and wellbeing of the Town.
e) Licensing is a legitimate means of accountability to ensure that operators of adult-oriented
establishments comply with reasonable regulations and to insure that operators do not
knowin~1y allow their establishments to be used as places of illegal sexual activity or
solicitation.
f) Adult-oriented establishments, because of their very nature, have a deleterious effect on both
the existing establishments around them and the surrounding residential areas adjacent to
them.
g) Adult-oriented establishments, due to their very nature, have serious objectionable
operational characteristics, particularly when they are located in proximity to each other,
thereby contributing to blight and downgrading the quality of life in the adjacent area.
h) The Town Board wants to prevent these adverse effects and thereby protect the health, safety,
and welfare of Town residents; protect residents from increased crime; preserve the quality
of life; preserve the property values and character of the surrounding neighborhoods; and
deter the spread of blight.
i) It is not the intent of this Chapter to suppress any speech activities protected by the First
Amendment, but to enact a content neutral ordinance that addresses the secondary effects of
adult-oriented establishments as well as the health problems associated with such
establishments.
j) It is not the intent of the Town Board to condone or legitimize the distribution of obscene
materials, and the Board recognizes that state and federal laws prohibit the distribution of
obscene materials and expects and encourages state enforcement officials to enforce state and
federal obscenity statutes against any such illegal activities in the Town.
SEC. 7-9-2
AUTHORITY.
The Town Board has the specific authority, powers, and duties pursuant to adoption of its
Village powers under Sec. 60.10, Wis. Stats., to regulate and control certain uses, activities,
establishments and operations in the Town of Fond du Lac.
SEC. 7-9-3
DEFINITIONS.
For purposes of this Chapter:
a) Adult Bookstore. An establishment that has a facility or facilities, including tut not limited
to, booths, cubicles, rooms or stalls for the presentation of “adult entertainment,” including
adult-oriented films, movies, or live performances for observation by patrons therein; or an
establishment having a substantial or significant portion of its stock-in-trade for sale, rent,
trade, lease, inspection, or viewing of books, films, video cassettes, magazines, or other
periodicals, which are distinguished or characterized by their emphasis on matters depicting,
describing, or relating to specified anatomical areas or specified sexual activities as defined
below.
b) Adult Entertainment. Any exhibition of any motion picture, live performance, display, or
dance of any type, which has as its dominant theme or is distinguished or characterized by an
emphasis on any actual or simulated specified sexual activities or specified anatomical areas
as defined below.
c) Adult Motion Picture Theater. An enclosed building used for presenting material having as
its dominant theme or distinguished or characterized by an emphasis on matters depicting,
describing, or relating to specified sexual activities or specified anatomical areas as defined
below for observation by patrons of the building.
d) Adult-Oriented Establishment. Any premises including, without limitation, “adult
bookstores,” or “adult motion picture theaters.” It further means any premises to which
public patrons or members are invited or admitted and which are so physically arranged so as
to provide booths, cubicles, rooms, compartments, or stalls separate from the common area
of the premises for the purposes of viewing adult-oriented motion pictures, or wherein an
entertainer provides adult entertainment to a member of the public, a patron, or a member,
whether or such adult entertainment is held, conducted, operated, or maintained for a profit,
direct or indirect. “Adult-Oriented Establishment” further includes, without limitation, any
premises physically arranged and used as such whether advertised or represented as an adult
entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio,
modeling studio, or any other term of like import.
e) Adult Cabaret. Any commercial premises, including any cabaret premises, to which any
member of the public is invited or admitted and where an entertainer provides live adult
entertainment to any member of the public. For the purposes of this Chapter, “cabaret”
means any room, place or space whatsoever in the Town in which any music, signing,
dancing, or other similar entertainment is permitted in connection with any hotel, restaurant,
café, club, tavern, eating place, directly selling, serving, or providing the public, with or
without charge, food or beverages (whether or not alcoholic beverages). “Employee” means
any and all persons, including managers, entertainers, and independent contractors who work
in or at or render any services directly related to the operation of any Adult Cabaret.
f) Booths/Cubicles/Rooms/Compartments/Stalls. Enclosures that are specifically offered to
the public or members of an adult-oriented 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. This 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. However, “booth,” “cubicle,” “room,” “compartment,” or “stall” does not mean
such enclosures that are private offices used by the owners, managers, or persons employed
on the premises for attending to the tasks of their employment, which enclosures are not held
out to the public or members of the establishment for hire or for a fee or for the purpose of
viewing entertainment for a fee, are not open to any person other than employees, nor shall
this definition apply to hotels, motels, or other similar establishments licensed by the State of
Wisconsin pursuant to Wisconsin law.
g) Operators. Any person, partnership, or corporation operating, conducting, maintaining or
owning any adult-oriented establishment.
h) Specified Anatomical Areas. Less than completely and opaquely-covered human genitals,
pubic region, buttocks, female breasts below the point immediately above the top of the
areola; or, human male genitals in a discernible turgid state, even if opaquely covered.
i) 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, sado
masochistic abuse, fellatio, or cunnilingus; or
3) Fondling or erotic touching of human genitals, pubic region, buttocks, or female breasts.
SEC. 7-9-4
LICENSE.
a) License. Except as provided below, from and after the effective date of this Chapter, no adultoriented establishment shall be operated or maintained in the Town without first obtaining a
license to operate issued by the Board. A license may be issued only for one (1) adultoriented establishment located at a fixed and certain location. Any person who desires to
operate more than one (1) adult-oriented establishment must have a license for each. No
license or interest in a license may be transferred to any person. All adult-oriented
establishments existing at the time of the passage of this Chapter must submit an application
for a license within ninety (90) days of the passage of this Chapter. A license fee in
accordance with the Board’s current fee schedule shall be submitted with the application for
a license. If the application is denied, one-half (1/2) of the fee shall be returned. A license
renewal fee in accordance with the Town Board’s current fee schedule shall be submitted
with the application for renewal. A license must be renewed every year.
b) Application for License. Any person desiring to secure a license shall make application to
the Town Clerk. The applicant for a license shall furnish the following information under
oath:
1) The name and address of the intended operator;
2) The name and address of the owner of the premises if different from the operator;
3) The name and address of the adult-oriented establishment to be operated by the applicant;
4) Written proof that the individual is at least eighteen (18) years of age;
5) The address of the adult-oriented establishment to be operated by the applicant;
6) 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 agents, and the
name and address of all shareholders owning more than five percent (5%) of the stock in
such corporation and all officers and directors of the corporation;
7) If the establishment is in operation, the date on which the owner acquired the
establishment for which the license is sought. The date on which the establishment began
operations as an adult-oriented business at the location for which the license is sought;
8) If the establishment is a corporation, a certified copy of the Articles of Incorporation and
a certified copy of a certificate of good standing disclosing that the corporation is
authorized to transact business in the State of Wisconsin;
9) Proof of the current fee ownership of the tract of land on which the establishment is to be
situated in the form of a copy of a recorded deed; and
10) If the operator is not the fee owner of the tract of land, then the lease, purchase contract,
purchase option contract, lease option contract, or other documents evidencing the
legally-enforceable right of the owners or proposed owners of the establishment to have
or obtain the use and possession of the tract of land for the establishment.
c) Issuance of License. The Town shall approve the issuance of a license to the
applicant within forty-five (45) days after receipt of the application unless the
Town finds one (1) or more of the following to be true:
1) The applicant is under eighteen (18) years of age;
2) The applicant or the applicant’s spouse is overdue in the payment of Town taxes, fines, or
penalties assessed against the applicant or imposed upon the applicant in relation to an
adult-oriented establishment;
3) The applicant has failed to provide information reasonably necessary for issuance of the
license or has falsely answered a question or request for information on the application;
4) The applicant is residing with a person who has been denied a license by the Town to
operate an adult-oriented establishment within the preceding twelve (12) months, or
residing with a person whose license to operate an adult-oriented establishment has been
revoked within the preceding twelve (12) months;
5) The premises to be used have not been approved by the Building Inspector, Fire
Department, or any other local, state or federal official as being in compliance with
applicable laws, regulations and ordinances;
6) The fee required by this Chapter has not been paid; or
7) Any intoxicating liquor or cereal malt beverage is served or consumed on the premises of
the adult-oriented establishment.
d) Hearing. The Board, before revoking or suspending any license, shall give the operator at
least ten (10) days’ written notice of the charges against him and the opportunity for a public
hearing before the Town Board or its designated committee.
e) Transfer. The transfer of a license or any interest therein, shall automatically and
immediately revoke the license.
f) Inspection. Any applicant or licensee shall permit representatives of the County Sheriffs
Department, County Health Department, Town Fire Department, Building Inspector, or other
Town or state departments or agencies to inspect the premises of an adult-oriented
establishment for the purpose of ensuring compliance with this Chapter and all relevant state
and federal laws.
SEC. 7-9-5
PHYSICAL LAYOUT AND OPERATION.
a) Exterior. It shall be unlawful for an owner or operator of an adult-oriented establishment:
1) To allow the merchandise or activities of the establishment to be visible from a point
outside the establishment;
2) To allow the exterior portion of the adult-oriented establishment to have flashing lights,
or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of
any manner except to the extent permitted by this Chapter;
3) To allow exterior portions of the establishment to be painted in a color other than a single
color.
b) Signage. The operator shall comply with the Town’s Sign Ordinance. In addition, the display
surfaces of the sign shall not contain any flashing lights or photographs, silhouettes,
drawings, or pictorial representations of any manner, except for the name of the enterprise.
c) Booth/Room/Cubicle. Any adult-oriented establishment having available for customers,
patrons, or members, in a booth, room or cubicle for the private viewing of any adult
entertainment must comply with the following requirements:
1) Each booth, room, or cubicle shall be totally accessible to and from isles and public areas
of the adult-oriented establishment and shall be unobstructed by any door, lock, or other
control-type devices;
2) Every booth, room, or cubicle shall meet the following construction requirements:
a. Each booth, room or cubicle shall be separated from adjacent booths, rooms, or
cubicles and any non-public areas by a wall;
b. Have at least one (1) side totally open to a public lighted isle so that there is an
unobstructed view at all times of anyone occupying the same;
c. All walls shall be solid and without any openings, extended from floor to a height of
not less than six (6) feet and be light-colored, non-absorbent, smooth textured and
easily cleanable;
d. The floor must be light-colored, non-absorbent, smooth textured and easily cleanable;
e. The lighting level of each booth, room, or cubicle, when not in use shall be a
minimum of ten (10) foot candles at all times, as measured from the floor.
3) Only one (1) individual shall occupy a booth, room, or cubicle at any time. No occupants
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.
d) Responsibilities of the Operator. Every act or omission by an employee constituting a
violation of the provisions of this Chapter shall be deemed the act or omission of the operator
is 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 by omission.
e) Minors. It shall be unlawful to allow a person who is younger than eighteen (18) years of age
to enter or be on the premises of an adult-oriented establishment at any time that the
establishment is open for business. The operator must ensure that an attendant is stationed at
each public entrance at all times during regular business hours. The attendant shall prohibit
any person under the age of eighteen (18) from entering the establishment. It shall be
presumed that an attendant knew a person was under the age of eighteen (18) unless such
attendant asked for and was furnished either a valid operator’s drivers license or a valid
personal identification certificate issued by a State reflecting that the person is eighteen (18)
years of age or older.
f) Hours. An adult-oriented establishment may remain open for business no longer than the
hours from between 10:00 a.m. to 12 midnight, seven (7) days a week.
SEC. 7-9-6
LOCATIONAL RESTRICTIONS.
Adult-oriented establishments are permitted in any Business District provided that the
establishment may not be operated within one thousand (1,000) feet of:
a) A church, synagogue, or regular place of religious worship;
b) A public or private elementary or secondary school;
c) A boundary of any residential district;
d) A public park;
e) A license day-care center; or
f) Another adult-oriented establishment.
SEC. 7-9-7
STANDARDS OF CONDUCT AND OPERATION IN ADULT CABARETS
a) Standards of Conduct. The following standards of conduct must be adhered to by
employees of any Adult Cabaret while in any area in which members of the public are
allowed to be present:
1) No employee or entertainer shall be unclothed or in such less-than-opaque and complete
attire, costume or clothing so as to expose to view any portion of the female breast below
the top of the areola or any portion of the pubic region, anus, buttocks, vulva, or genitals,
except upon a stage at least eighteen (18) inches above the immediate floor level and
removed at least six (6) feet from the nearest member of the public.
2) No employee or entertainer mingling with members of the public shall be unclothed or in
less-than-opaque and complete attire, costume or clothing as described in subsection 7-97(a) above, nor shall any male employee or entertainer at any time appear with his
genitals in a discernibly turgid state, even if completely and opaquely covered, or wear or
use any device or covering which simulates the same.
3) No employee or entertainer shall caress, fondle, or erotically touch any member of the
public. No employee or entertainer shall encourage or permit any member of the public
to caress, fondle or erotically touch any employee or entertainer.
4) No employee or entertainer mingling with members of the public shall conduct any
dance, performance or exhibition in or about the nonstage area of the Adult Cabaret
unless that dance, performance, or exhibition is performed at a distance of no less than
six (6) feet from any member of the public.
5) No tip or gratuity offered to or accepted by an adult entertainer may be offered or
accepted prior to any performance, dance or exhibition provided by the entertainer. No
entertainer performing upon any stage area shall be permitted to accept any form of
gratuity offered directly to the entertainer by any member of the public. Any gratuity
offered to any entertainer performing upon any stage area must be placed into a
receptacle provided for receipt of gratuities by the Adult Cabaret or provided through a
manager on duty on the premises. Any gratuity or tip offered to any adult entertainer
conducting any performance, dance or exhibition in or about the nonstage area of the
Adult Cabaret shall be placed into the hand of the adult entertainer or into a receptacle
provided by the adult entertainer, and not upon the person or into the clothing of the adult
entertainer.
6) No member of the public shall be permitted at any time to enter into any of the nonpublic
portions of the Adult Cabaret, which shall include but are not limited to the dressing
rooms of the entertainers or other rooms provided for the benefit of employees, and the
kitchen and storage areas; except that person, who in the ordinary course of business,
deliver goods, materials, food or beverages, or perform maintenance or repairs to the
premises or equipment on the premises may be permitted into nonpublic areas to the
extent required to perform their job duties.
b) Premise-Specifications. The following specifications shall apply to all Adult Cabarets
located in the Town of Fond du Lac:
1) The performance area of the Adult Cabaret where adult entertainment is provided shall be
a stage or platform at least eighteen (18) inches in elevation above the level of the patron
seating areas, and shall be separated by a distance of at least six (6) feet from all areas of
the premises to which members of the public have access. A continuous railing at least
three (3) feet in height and located at least six (6) feet from all points of the performance
area shall separate the performance area and the patron seating areas. The stage and the
entire interior portion of cubicles, rooms or stalls wherein adult entertainment is provided
must be visible from the common areas of the premises. Visibility shall not be blocked
or obstructed by doors, curtains, drapes or any other obstruction whatsoever.
2) Sufficient lighting shall be provided and equally distributed throughout the public areas
of the premises so that all objects are plainly visible at all times. A minimum lighting
level of 30 lux horizontal, measured at thirty (30) inches from the floor and on 10-foot
centers is hereby established for all areas of the Adult Cabaret where members of the
public are admitted.
3) A sign at least two (2) feet by two (2) feet, with letters at least one (1) inch high shall be
conspicuously displayed in the public area(s) of the premises stating the following:
THIS ADULT CABARET IS REGULATED BY THE TOWN OF FOND DU LAC.
ENTERTAINERS ARE:
A. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT.
B. NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE, EXCEPT ON
STAGE.
C. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF
THEIR PERFORMANCE.
D. NOT PERMITTED TO ACCEPT TIPS DIRECTLY FROM PATRONS WHILE
PERFORMING UPON ANY STAGE AREA.
c) Inspections. In order to insure compliance with this Chapter all areas of Adult Cabarets that
are open to members of the public shall be open to inspection by Town agents and employees
or law enforcement officers during the hours when the premises are open for business. The
purpose of such inspections shall be to determine if the premises are operated in accordance
with the requirements of this Chapter. It is hereby expressly declared that unannounced
inspections are necessary to assure compliance with this Chapter.
d) Performances Not Prohibited. This Chapter shall not be construed to prohibit:
1) Plays, operas, musicals, or other dramatic works that are not obscene;
2) Classes, seminars and lectures that are held for serious scientific or educational purposes
and which are not obscene; or
3) Exhibitions, performances, expressions or dances that are not obscene.
e) Determination of Obscenity. Whether or not activity is obscene shall be judged by
consideration of the following factors:
1) Whether the average person, applying contemporary community standards would find
that the activity taken as a whole appeals to the prurient interest in sex; and
2) Whether the activity depicts or describes in a patently offensive way, as measured against
community standards, sexual conduct as described in this Chapter; and
3) Whether the activity taken as a whole lacks serious literary, artistic, political, or scientific
value.
f) Effective Date. This Chapter shall take effect upon adoption and publication by the Town’s
official newspaper and shall apply to all existing or new Adult Cabarets located within the
Town.
SEC. 7-9-8
MEASUREMENT.
For the purpose of this Chapter, measurement shall be made in a straight line, without regard
to intervening structures or objects from the nearest portion of the building or structure used
as part of the premises where an adult-oriented establishment is conducted, to the nearest
property line of the premises of a church, synagogue, regular place of worship, or public or
private elementary or secondary school, or to the nearest boundary of an affected public park,
Residential District, or residential lot, or licensed day-care center. The distance between any
two (2) adult oriented businesses shall be measured in a straight line, without regard to
intervening structures or objects, from the closest exterior wall of the structure in which such
business is located.
SEC. 7-9-9
NONCONFORMING USES.
Any business lawfully operating on the effective date of this Chapter that is in violation of the
locational or structural configuration requirements of this Chapter shall be deemed a
nonconforming use. The nonconforming use will be permitted to continue for a period of not to
exceed two (2) years, unless sooner terminated for any reason or voluntarily discontinued for a
period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged,
extended or altered except that the use may be changed to a conforming use. The nonconforming
use is required to submit an application for a permit and otherwise comply with the requirements
of this Chapter.
SEC. 7-9-10 MISCELLANEOUS.
a) Penalties. Any person who fails to comply with any provisions of this Chapter shall be
subject to a forfeiture of not less than One Hundred Dollars ($100.00) or more than One
Thousand Dollars ($1,000.00) and the costs of prosecution, including reasonable attorneys’
fees, for each violation. Each day that a violation exists or continues shall constitute a
separate offense.
b) Other Remedies. In addition to other remedies the Town reserves the right to institute
appropriate action or proceedings to prevent, restrain, correct, or abate a violation of this
Chapter or to prevent any illegal act, conduct, business, or use in or about the subject
premises.
c) Interpretation. The provisions of this Chapter are considered minimum requirements.
Where the provisions of this Chapter impose greater restrictions than any statute or other
regulation, the provisions of this Chapter shall apply. Where the provisions of any statute or
other regulation impose greater restrictions, the provisions of the statute or regulation shall
prevail.
d) Severability. If any provision of this Chapter is declared invalid by a Court of competent
jurisdiction, such decision shall not affect the validity of this Chapter in its entirety, or any
part thereof, other than that so declared to be invalid. The balance of the Chapter not found
invalid shall be enforced.
f) Rules of Construction. In the construction of this Chapter references to the male gender
include the female and references to the singular include the plural. References to “person”
or “persons” extends to natural persons, firms, corporations, partnerships, limited liability
companies or other entities.
CHAPTER 10
Licensees to Pay Local Claims; Appellate Procedures
7-10-1
7-10-2
Licensees Required To Pay Local Taxes, Assessments and Claims; Appellate
Procedures
Duty of Clerk-Treasurer with Regard to Licenses
SEC. 7-10-1 LICENSEES REQUIRED TO PAY LOCAL TAXES, ASSESSMENTS AND
CLAIMS.
a) Payment of Claims. The Town shall not issue or renew any license to transact any business
within the Town:
1) For any purposes for which taxes, assessments or other claims of the Town are delinquent
and unpaid.
2) For any person who is delinquent in payment:
a. Of any taxes, assessments or other claims owed the Town; or
b. Of any forfeiture resulting from a violation of any Town Ordinance.
b) Exemption. This Section shall apply to licenses issued pursuant to the provisions of Title 7
of this Code of Ordinances, except Chapters 1 and 5.
c) Applicability. An application for renewal of a license subject to this Chapter shall be denied
pursuant to the provisions of Subsection (a) only following notice and opportunity for
hearing as provided by Subsection (d) below.
d) Hearings. Prior to any denial of an application for renewal of a license, including denials
pursuant to Subsection (a), the applicant shall be given notice and opportunity for a hearing
as hereinafter provided:
1) With respect to licenses renewable under Chapter 2 of Title 7 of this Code of Ordinances,
notice and opportunity for hearing shall be as provided by Sec. 125.12, Wis. Stats., as
amended from time to time, and Town ordinances.
2) With respect to licenses other than those described in Subsection (a) herein, the Town or
its assignee shall notify the applicant in writing of the Town’s intention not to renew the
license and shall provide the applicant with an opportunity for hearing. The notice shall
state the reasons for the intended action and shall establish a date, not less than three (3)
days nor more than ten (10) days after the date of the notice on which the applicant shall
appear before the Town Board. If the applicant shall fail to appear before the Board on
the date indicated on the notice, the Board shall deny the application for renewal. If the
applicant appears before the Board on the date indicated in the notice and denies that the
reasons for nonrenewal exist, the Board shall conduct a hearing with respect to the
matter. At the hearing, both the Town and the applicant may produce witnesses, cross
examine witnesses and be represented by counsel. The applicant shall, upon request, be
provided a written transcript of the hearing at the applicant’s expense. If the Board
determines the applicant shall not be entitled to renewal pursuant to Subsection (a), the
application for renewal shall be denied.
e) Appeals. Where an individual, business or corporation wishes to appeal the Town Clerk’s
decision not to issue a license or permit under this Title on grounds other than those specified
in Subsections (a) through (d) above, the applicant may file a request in writing with the
Town Clerk that the matter be referred to the Town Board. A public hearing shall be
scheduled within fourteen (14) calendar days by the Town Board. All parties may be
represented by counsel. The Board shall consider all relevant information and shall render a
decision which shall be binding.
SEC. 7-10-2 DUTY OF CLERK WITH REGARD TO LICENSES.
The Town Clerk shall be charged with the administration of all ordinances relating to licenses
unless otherwise provided by the Town Board.
TITLE 8
Health and Sanitation
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Pollution Abatement
Recycling
Tank Inspections and Removal
CHAPTER 1
8-1-1
8-1-2
8-1-3
8-1-4
8-1-5
8-1-6
8-1-7
Rules and Regulations
Abatement of Health Nuisances
Deposit of Deleterious Substances Prohibited
Destruction of Noxious Weeds
Regulation of Length of Lawn and Grasses
Rodent Control
Composting
SEC. 8-1-1
RULES AND REGULATIONS
The Town Board may make reasonable and general rules for the enforcement of the provisions
of this Chapter and for the prevention of health nuisances and the protection of the public health
and welfare and may, where appropriate, require the issuance of licenses and permits. All such
regulations shall have the same effect as ordinances, and any person violating any such
regulations or any lawful order of the Board shall be subject to the general penalty provided for
in this Code.
SEC. 8-1-2
ABATEMENT OF HEALTH NUISANCES
a) Defined. A health nuisance is any source of filth or cause of sickness.
b) Duty to Abate. The Town Board shall abate health nuisances pursuant to Sections 146.16
and 146.17, Wis. Stats., which are adopted by reference and made a part of this Section.
State Law Reference: Ss. 146.16 and 146.17, Wis. Stats.
SEC. 8-1-3
DEPOSIT OF DELETERIOUS SUBSTANCES PROHIBITED.
No person shall deposit or cause to be deposited in any public street, on any public ground
or on any private property other than his own, any refuse, garbage, litter, waste material or
liquid or any other objectionable material or liquid. When any such material is placed on the
person’s own private property, it shall be properly enclosed and covered so as to prevent the
same from becoming a public nuisance.
SEC. 8-1-4
DESTRUCTION OF NOXIOUS WEEDS.
a) Unless delegated to the county, the Town Chairperson shall publish annually on or before
May 15th a notice that every person is required by law to destroy all noxious weeds on lands
which he owns, occupies or controls in the Town. A joint notice with other towns or
municipalities may be utilized.
b) If the owner or occupant neglects to destroy any weeds as required by such notice, the Town
Weed Commissioner, or the Town Board’s designee, shall give five (5) days’ written notice
by mail to the owner or occupant of the lands upon which the weeds are growing stating that
after the five (5) day period the Town will proceed to destroy or cause the destruction of all
such weeds growing upon said lands and that the cost thereof will be assessed as a special
charge upon the lands upon which the weeds are located under the provisions of Sec.
66.0407, Wis. Stats. If the owner or occupant neglects to comply within such five (5) day
notice, then the Weed Commissioner, or the Board’s designee, shall destroy the weeds or
cause them to be destroyed in the manner deemed to be the most economical method and the
expense thereof, including the cost of billing and other necessary administrative expenses,
shall be charged against such lands and be collected as a special charge thereon.
SEC. 8-1-5
REGULATION OF LENGTH OF LAWN AND GRASSES.
a) Purpose. This Section is adopted due to the unique nature of the problems associated with
lawns, grasses and noxious weeds being allowed to grow to excessive length in the Town.
b) Public Nuisance Declared. The Town Board finds that lawns, grasses and noxious weeds on
nonagricultural parcels of land in the Town, as classified under the Zoning Code, which
exceed twelve (12) inches in length adversely affect the public health and safety in that they
tend to emit pollen and other discomforting bits of plants, constitute a fire hazard and a safety
hazard in that debris can be hidden in the grass, interfere with the public convenience and
adversely affect property values of other land within the Town. For that reason, any nonagricultural lawn, grass or weed on a parcel of land which exceeds twelve (12) inches in
length is hereby declared to be a public nuisance, except for property located in a designated
floodplain area and/or wetland area, or in a water detention area or established drainage
ways.
c) Nuisances Prohibited. No person, firm or corporation shall permit any public nuisance as
defined in Subsection (b) above to remain on any premises owned or controlled by him
within the Town.
d) Inspection. The Weed Commissioner or the Town Board’s designee shall inspect or cause to
be inspected all premises and places within the Town to determine whether any public
nuisance as defined in Subsection (b) above exists.
e) Abatement of Nuisance. If the Weed Commissioner or the Town Board determines that any
public nuisance as defined in Subsection (b) above exists, he/it shall immediately cause
written notice to be served that the Town proposes to have the lot grass or lawn cut so as to
conform with this Section.
f) Due Process Hearing. If the owner believes that his grasses or weeds are not a nuisance,
he/she may request a hearing before the Town Board. The request for said hearing must be
made in writing to the Town Clerk’s office within five (5) days as set forth in the notice.
Upon application for the hearing, the property owner must deposit a $25.00 bond. If a
decision is rendered in the property owner’s favor, the $25.00 will be returned to the property
owner. If the property owner fails to appear for the hearing or if the decision is rendered
against the property owner, the deposit shall be forfeited and applied to the cost of Town
personnel abating the nuisance, if necessary. When a hearing is requested by the owner of the
property, a hearing by the Town Board shall be held within seven (7) days from the date of
the owner’s request. The property in question will not be mowed by the Town until such time
as the hearing is held by the Town Board. At the hearing, the owner may appear in person or
by his/her attorney, may present witnesses in his own behalf and may cross-examine
witnesses presented by the Town as well as subpoena witnesses for his/her own case. At the
close of the hearing, the Town Board shall make its determination in writing specifying its
findings, facts, and conclusions. If the Town Board determines that a public nuisance did
exist, the Town Board shall order the Weed Commissioner or the Board’s designee to mow
the property in question unless the property has been mowed by the owner within forty-eight
(48) hours of the Town Board’s decision. If the owner does not abate the nuisance within the
described forty-eight (48) hours, the Town shall cause the nuisance to be abated and cost in
excess of the forfeited fee assessed accordingly.
g) Option To Abate Nuisance. In any case where the owner, occupant or person in charge of
the property shall fail to cut his/her lawn, grass or weeds as set forth above, then, and in that
event, the Town may elect to cut said lawn, grass or weeds as follows:
1) The written notice required in Subsection (e) shall inform said person that in the event of
his/her failure to abate the nuisance within the prescribed time, the Town shall abate the
same and the cost thereof shall be assessed to the property owner as a special charge.
2) The Town shall cut or cause to be cut all grass and weeds from the subject’s property and
shall charge the expenses of so doing at a rate as established by resolution by the Town
Board. The charges shall be set forth in a statement to the Town Clerk who, in turn, shall
mail the same to the owner, occupant or person in charge of the subject premises. If said
statement is not paid in full within thirty (30) days thereafter, the Town Clerk shall enter
the charges in the tax roll as a special charge against said parcel of land, and the same
shall be collected as provided under Sec. 66.0627, Wis. Stats.
SEC. 8-1-6
RODENT CONTROL
a) Definitions. The following definitions shall be applicable in this Section:
1) Owner or Manager means any person or persons who is in actual possession or have
control of any property within the Town, including executors, administrators, trustees,
guardians or agents who shall be deemed to be the owner or owners of such property
within the meaning of this Section and shall be bound to comply with the provisions of
this Section to the same extent as the owner. Notice to any such person of any order or
decision of the Building Inspector or his/her designee shall be deemed to be sufficient
notice as if such person or persons were actually the owner or owners of such property,
except that whenever an entire premises or building is occupied as a place of business,
such as a store, factory, warehouse, rooming house, junk yard, lumber yard or any other
business under a single management, the person, firm or corporation in charge of such
business shall be considered the owner or manager.
2) A Rodent-Proof Container means a container constructed of concrete or metal, or the
container shall be lined with metal or other material that is impervious to rodents, and
openings into the container such as doors shall be tight-fitting to prevent the entrance of
rodents.
3) Rodent-Proofing means closing openings in building foundations and openings under and
around doors, windows, vents and other places which could provide means of entry for
rodents, with concrete, sheet iron, hardware cloth or other types of rodent-proofing
material approved by the Town.
4) Rodent Harborage means any place where rodents can live and nest without fear of
frequent molestation or disturbance.
5) Hardware Cloth means wire screening of such thickness and spacing as to afford
reasonable protection against the entrance of rodents.
6) Rodent means all nuisance animals.
b) Elimination of Rodent Harborages. Whenever accumulations of rubbish, boxes, lumber,
scrap metal, car bodies or any other materials provide rodent harborage, the person owning or
in control of such materials shall cause the materials to be removed or to be stored so as to
eliminate the rodent harborage. Lumber boxes and similar materials shall be neatly piled.
These piles shall be raised at least a foot above the ground.
c) Elimination of Rodent Feeding Places. No person shall place, or allow to accumulate, any
materials that may serve as food for rodents in a site accessible to rodents. Any waste
material that may serve as food for rodents shall be stored in rodent-proof containers.
d) Extermination. Whenever rodent holes, burrows or other evidence of rodent infestation are
found on any premises or in any building within the Town, it shall be the duty of the owner
or manager of such property to exterminate the rodents or to cause the rodents to be
exterminated. Within ten (10) days after extermination, the owner or manager shall cause all
of the rodent holes or burrows in the ground to be filled with earth or other suitable material.
e) Rodent-Proofing. It shall be the duty of the owner or manager of any building in the Town
to make the building reasonably rodent-proof, to replace broken basement windows and,
when necessary, to cover the basement window openings with hardware cloth or other
suitable material to prevent rodents from entering the building through such window
openings.
SEC. 8-1-7
COMPOSTING.
a) Purpose and Intent. The purpose of this Section is to promote the recycling of yard wastes
and certain kitchen wastes through composting and to establish minimum standards for
proper compost maintenance.
b) Definitions. “Composting” means the controlled biological reduction of organic waste to
humus. “Yard waste” means the organic waste produced from the growing, trimming, and
removal of grass, branches (not exceeding 1” in diameter), bushes, shrubs, plants, leaves and
garden debris. “Kitchen waste” means uncooked plant matter not contaminated by or
containing meat, fish and/or dairy products.
c) Maintenance. All compost piles shall be maintained using approved composting procedures
to comply with the following requirements:
1) All compost piles shall be enclosed in a free-standing compost bin. Each compost bin
shall be no larger in volume than one hundred twenty-five (125) cubic feet, and shall be
no taller than forty-two (42) inches.
2) All compost bins shall be so maintained as to prevent the attraction or harborage of
rodents and pests. The presence of rodents in or near a compost bin shall be cause for the
Town to proceed under Section 8-1-6.
3) All compost bins shall be maintained so as to prevent unpleasant odors.
4) No compost bin shall be allowed to deteriorate to such condition as to be a blighting
influence on the surrounding property or neighborhood or Town in general.
5)
a. All compost bins shall be located not less than five (5) feet from a property line or
principal building or dwelling and three (3) feet from any detached accessory
building.
b. A variance from these setback requirements may be requested if the property
owner(s) can show a hardship exists which prohibits compliance. In addition, any
variance application must include a signed written approval of the variance
request from the adjacent property owner(s). Variances can be granted by the
Board of Appeals on an annual basis upon the proper application being submitted
by the property owner(s). Screening and/or fencing of compost bins may be
required as a condition of a variance being granted.
6) No compost bin shall be located in any yard except a rear yard, as defined in the Town’s
Zoning Code, unless a variance is granted by the Board of Appeals.
7) Those composting bins which existed prior to the adoption of this Section shall be given
one (1) year to comply with the requirements set forth herein.
d) Ingredients.
1) No compost bin shall contain any of the following:
a. Lakeweeds;
b. Cooked food scraps of any kind or type;
c. Fish, meat or other animal products;
d. Manures;
e. Large items that will impede the composting process.
2) Permitted ingredients in a compost bin shall include the following:
a. Yard waste;
b. Coffee grounds and used tea leaves;
c. Uncooked plant matter not contaminated by or containing meat, fish,
and/or dairy products;
d. Commercial compost additives.
e) Owner Responsibility. Every owner or operator shall be responsible for maintaining all
property under his or her control in accordance with the requirements of this Section.
CHAPTER 2
Pollution Abatement
8-2-1
Cleanup of Spilled or Accidentally Discharged Wastes
8-2-2
Storage of Polluting Substances
SEC. 8-2-1
CLEANUP OF SPILLED OR ACCIDENTALLY DISCHARGED WASTES.
a) Cleanup Required. All persons delivering, hauling, disposing, storing, discharging or
otherwise handling solid or liquid potentially polluting substances such as, but not limited to,
the following: fuel oil, gasoline, solvents, industrial liquids or fluids, milk, grease trap and
septic tank wastes, sewage sludge, sanitary sewer wastes, storm sewer catch basin wastes, oil
or petroleum wastes, shall immediately clean up any such spilled material to prevent it
becoming a hazard to health or safety or directly or indirectly causing pollution to the lakes
and streams under the jurisdiction of the Town.
b) Notification. Spills or accidental release of hazardous materials or pollutants at a site or of a
quantity or nature that cannot adequately be cleaned up by the responsible party or parties
shall be immediately reported to the Fire Department so that assistance can be given by the
proper agency.
c) Financial Liability. The party or parties responsible for the release, escape or discharge of
wastes shall be held financially liable for the cost of any cleanup or attempted cleanup
deemed necessary or desirable and undertaken by the Town or its designated agent in an
effort to minimize the pollutional effects of the discharged waste.
d) Reimbursement for Hazardous Material Emergency Action.
1) Any person who possessed or controlled a hazardous substance that was discharged or
who caused the discharge of a hazardous substance shall reimburse the Town of Fond du
Lac for actual, reasonable and necessary expenses incurred by the Town of Fond du Lac
for any emergency action taken under, and consistent with, Sec. 166.22(3), Wis. Stats.,
whether such action be taken by the Town of Fond du Lac or another entity on its behalf
or direction.
2) Reimbursement as provided under Subsection (d)(1), above, will be accomplished as
provided by Sec. 166.22(5), Wis. Stats., by the Fond du Lac County Board of
Supervisors, or by local emergency government officials.
3) Terms not defined above shall have the meaning referred to in Sec. 166.22(1), Wis. Stats.
SEC. 8-2-2
STORAGE OF POLLUTING SUBSTANCES.
It shall be unlawful for any person to store any potentially polluting substances unless such
substances are stored in a manner so as to securely prevent them from escaping onto the ground
surface and/or into any street, sewer, ditch or drainage way, lake or stream within the jurisdiction
of the Town of Fond du Lac.
CHAPTER 3
Recycling
8-3-1
8-3-2
8-3-3
8-3-4
8-3-5
8-3-6
8-3-7
8-3-8
8-3-9
8-3-10
8-3-11
8-3-12
8-3-13
8-3-14
8-3-18
Title and Purpose
Authority
Severability
Applicability
Administration
Effective Date
Service Contracts
Charges for Collection and Removal Services
Definitions
Separation of Recyclable Materials
Care of Separated Recyclable Materials
Management of Lead Acid Batteries, Major Appliances, Waste Oil and Yard
Waste
Preparation and Collection of Recyclable Materials
Responsibilities of Owners or Designated Agents of Multiple-Family Dwellings
Responsibilities of Owners or Designated Agents of NonResidential Facilities and
Properties
Enforcement
SEC. 8-3-1
TITLE AND PURPOSE.
8-3-15
8-3-16
8-3-17
This Chapter is entitled the “Town of Fond du Lac Recycling Ordinance.” The purpose of this
Chapter is to establish and implement a recycling ordinance pursuant to Sec. 159.11, Wis. Stats.,
and Ch. NR 544, Wis. Adm. Code.
SEC. 8-3-2
AUTHORITY.
The Town Board of the Town of Fond du Lac is a “responsible unit” as defined by Sec.
287.01(9), Wis. Stats. As such, the Town has the authority under Chapter 287 as well as pursuant
to its Village powers under Sec. 60.10, Wis. Stats., to plan, develop, implement and operate an
effective recycling program within the Town.
SEC. 8-3-3
RULES OF CONSTRUCTION.
In the construction of this Chapter, the following rules shall be observed unless such construction
would be inconsistent with the manifest intent of the Chapter:
a) References to the male gender include the female and references to the single include the
plural. References to “person” extend to natural persons, firms, corporations, partnerships or
other entities;
b) It is not intended by this Chapter to repeal, abrogate, annul, impair or interfere with any
existing rules, regulations or ordinances or permits previously adopted or issued pursuant to
law. However, whenever this Chapter imposes greater restrictions, the provisions of this
Chapter shall apply; and
c) Where a provision of this Chapter is required by Wisconsin Statutes, or by a standard in Ch.
NR 544, Wis. Adm. Code, and where the ordinance provision is unclear, the provision shall
be interpreted in light of the Wisconsin Statutes and Chapter NR 544 standards in effect on
the date of the adoption of this Chapter, or in effect on the date of the most recent
amendment to this Chapter.
SEC. 8-3-4
SEVERABILITY.
Should any portion of this Chapter be declared unconstitutional or invalid by a court of
competent jurisdiction, the remainder of this Chapter shall not be affected.
SEC. 8-3-5
APPLICABILITY.
The requirements of this Chapter apply to all persons residing or doing business within the Town
of Fond du Lac.
SEC. 8-3-6
ADMINISTRATION.
The provisions of this Chapter shall be administered by the Town Board or its designee.
SEC. 8-3-7
EFFECTIVE DATE.
The provisions of this Chapter shall take effect on January 1, 1995.
SEC. 8-3-8
SERVICE CONTRACTS.
The Town shall negotiate and attempt to enter into an annual or multi-year contract with a
licensed waste hauler for the purpose of providing the collection and removal of recyclable
material from residential establishments on a weekly basis in the Town. The final negotiated
contract with the licensed waste hauler shall be drafted and approved by the Town Board to
require that collection and removal of recyclable materials shall commence no later than January
1, 1995. The collection and removal services to be provided shall be placed for bid by the Town
Board, and the Town Board shall, for purposes of this contract, comply with the public bidding
requirement.
SEC. 8-3-9
CHARGES FOR COLLECTION AND REMOVAL SERVICES.
The Town Board may establish service charges to cover the cost of collection and removal
services in the Town for recyclable material. Recycling charges may be included on tax bills as
special charges. The Town may require that all occupied residential establishments be charged
by for collection and removal services regardless of whether the establishment uses the
collection and removal services provided for or arranged for the Town.
SEC. 8-3-10 GENERAL REQUIREMENTS.
a) The Town requires that recyclable material properly prepared and separated shall be
collected and removed from all residential establishments in the Town by this Town or by a
person permitted or contracted to collect and remove waste by the Town. A residential
establishment shall include mobile homes, apartments with up to four (4) dwellings per
apartment building and an agricultural establishment for purposes of collection and removal
of residential recyclable material. Each residence will be furnished with its own recycling
containers or receptacles by the Town’s contractor. The Town, as the responsible unit under
Sec. 287.01(9), Wis. Stats., reserves the right to refuse to collect and remove any waste from
any person in the Town for recycling purposes if the waste is not properly separated, is
contaminated or is otherwise in a condition that makes recycling inappropriate.
b) Pursuant to Sec. 287.11, Wis. Stats., the Town shall develop an effective recycling program
for determination by the Wisconsin Department of Natural Resources. In addition, the Town
and/or its contractor intends to develop and implement an educational program to inform
residents of the reasons to recycle, local opportunities to recycle and the prohibitions if
recycling does not occur.
c) The Town requires, unless specifically exempted by this Chapter or by order of the Town
Board, that any receptacles used for recyclable material collection and removal be placed
near or at the curbside, street, alley, highway or roadway at locations authorized by the
Town. The time for recyclable material placement shall be no earlier than 6:00 p.m. on the
day preceding collection and removal. The recycling receptacle shall be removed from
placement no later than 8:00 p.m. on the day of collection and removal. The actual days for
collection and removal shall be determined by the Town Board or its contractor.
d) The Town prohibits any person to place or permit any other person to place any recyclable
material in containers or receptacles at any location within the Town unless the recyclable
material was from the premises in the Town serviced by the recycling container or
receptacle.
SEC. 8-3-11 DEFINITIONS.
a) The following definitions shall be applicable in this Chapter:
1) Bi-Metal Container. A container for carbonated or malt beverages that is made primarily
of a combination of steel and aluminum.
2) Container Board. Corrugated paperboard used in the manufacture of shipping containers
and related projects.
3) HDPE. High density polyethylene plastic containers marked by the SPI Code No. 2.
4) LDPE. Low density polyethylene plastic containers marked by the SPI Code No.4.
5) Magazines. Magazines and other materials printed on similar paper.
6) Major Appliance. A residential or commercial air condition, clothes dryer, clothes
washer, dishwasher, freezer, microwave oven, oven, refrigerator or stove.
7) Mixed or Other Plastic Resin Types. Plastic containers marked by the SPI Code No. 7.
8) Multiple-Family Dwelling. A property containing five (5) or more residential units,
including those which are occupied seasonally.
9) Newspaper. A newspaper and other materials printed on newsprint.
10) Non-Residential Facilities and Properties. Commercial, retail, industrial, institutional and
governmental facilities and properties. This term does not include multiple family
dwellings.
11) Office Paper. High grade printing and writing papers from offices in nonresidential
facilities and properties. Printed white ledger and computer printout are examples of
office paper generally accepted as high grade. This term does not include industrial
process waste.
12) Person. Includes any individual, corporation, partnership, association, local governmental
unit, as defined in Sec. 66.0131(1)(a), Wis. Stats., state agency or authority or federal
agency.
13) PETE. Polyethylene terephthalate plastic containers marked by the SPI Code No. 1.
14) Postconsumer Waste. Solid waste other than solid waste generated in the production of
goods, hazardous waste, as defined in Sec. 289.01(33), Wis. Stats., waste from
construction and demolition of structures, scrap automobiles, or high-volume industrial
waste, as defined in Sec. 289.01(17), Wis. Stats.
15) PP. Polypropylene plastic containers marked by the SPI Code No. 5.
16) PS. Polystyrene plastic containers marked by the SPI Code No. 6.
17) PVC. Polyvinyl chloride plastic containers marked by the SPI Code No. 3.
18) Recyclable Materials. Lead acid batteries; major appliances; waste oil; yard waste;
aluminum containers; corrugated paper or other container board; foam polystyrene
packaging; glass containers; magazines; newspapers; office paper; plastic containers,
including those made of PETE, HDPE, PVC, LDPE, PP, PS, and mixed or other plastic
resin types; steel containers; waste tires; and bi-metal containers.
19) Solid Waste has the meaning specified in Sec. 289.01(33), Wis. Stats.
20) Solid Waste Facility has the meaning specified in Sec. 289.01(35), Wis. Stats.
21) Solid Waste Treatment. Any method, technique or process which is designed to change
the physical, chemical or biological character or composition of solid waste. “Treatment”
included incineration.
22) Waste Tire. A tire that is no longer suitable for its original purpose because of wear,
damage, or defect.
23) Yard Waste. Leaves, grass clippings, yard and garden debris and brush, including clean
woody vegetative material no greater than six (6) inches in diameter. This term does not
include stumps, roots or shrubs with intact root balls.
SEC. 8-3-12 SEPARATION OF RECYCLABLE MATERIALS.
Occupants of single family and two (2) to four (4) unit residences, multiple-family dwellings and
nonresidential facilities and properties shall separate the following materials from post-consumer
waste:
a) Lead acid batteries.
b) Major appliances.
c) Waste oil.
d) Yard waste.
e) Aluminum containers.
f) Bi-metal containers.
g) Corrugated paper or other container board.
h) Foam polystyrene packaging.
i) Glass containers.
j) Magazines or other materials printed on similar paper.
k) Newspapers or other materials printed on newsprint.
1) Office paper.
m) Plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and mixed or other plastic
resin types.
n) Steel containers.
o) Waste tires.
SEC. 8-3-13 CARE OF SEPARATED RECYCLABLE MATERIALS.
To the greatest extent practicable, the recyclable materials separated in accordance with Section
8-3-12 shall be clean and kept free of contaminants such as food or product residue, oil or grease,
or other non-recyclable materials, including but not limited to household hazardous waste,
medical waste and agricultural chemical containers. Recyclable materials shall be stored in a
manner which protects them from wind, rain, and other inclement weather conditions.
SEC. 8-3-14 MANAGEMENT OF LEAD ACID BATTERIES, MAJOR APPLIANCES,
WASTE OIL AND YARD WASTE.
Occupants of single family and two (2) to four (4) unit residences, multiple-family dwellings and
non-residential facilities and properties shall manage lead acid batteries, major appliances, waste
oil and yard waste as follows:
a) Lead acid batteries shall be delivered to designated drop off stations.
b) Major appliances shall be delivered to or picked up by licensed salvagers.
c) Waste oil shall be delivered to designated drop off stations.
d) Yard waste shall be delivered to designated sites as specified by the Town Board or its
contractor.
SEC. 8-3-15 PREPARATION AND COLLECTION OF RECYCLABLE MATERIALS.
Except as otherwise directed by the Town Board or its contractor, occupants of single family and
two (2) to four (4) unit residences shall do the following for the preparation and collection of the
separated materials specified in Section 8-3-12(a) through (o):
a) Aluminum containers, bi-metal containers, glass containers, plastic containers made of
PETE (No. 1) and HDPE (No. 2) shall be cleaned and rinsed and placed in the approved
recycling receptacle for pickup.
b) Newspapers or other materials printed on similar paper and corrugated paper or other
container board shall be bundled and placed in the approved recycling receptacle for
pickup.
c) Foam polystyrene packaging shall be collected when a market is available to our
contractor.
d) Office paper shall be collected when market is available to our contractor.
e) Plastic containers made of PVC (No. 3), LDPE (No. 4), PP (No. 5), PS (No. 6), and
mixed or other plastic resin types (No. 7) shall be cleaned and rinsed and placed in the
approved recycling receptacle for pickup when markets are made available to our
contractor.
SEC. 8-3-16 RESPONSIBILITIES OF OWNERS OR DESIGNATED AGENTS OF
MULTIPLE-FAMILY DWELLINGS.
a) Owners or designated agents of multiple-family dwellings shall do all of the following for
recycling the materials specified in Section 8-3-12 (a) through (o):
1) Provide adequate, separate containers for the recyclable materials.
2) Notify tenants in writing at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program.
3) Provide for the collection of the materials separated from the solid waste by the tenants
and the delivery of the materials to a recycling facility.
4) Notify tenants of reasons to reduce and recycle solid waste, which materials are collected,
how to prepare the materials in order to meet the processing requirements, collection
methods or sites, locations and hours of operation, and a contact person or company,
including a name, address and telephone number.
b) The requirements specified in Subsection (a) do not apply to the owners of designated agents
of multiple-family dwellings if the postconsumer waste generated within the dwelling is
treated at a processing facility licensed by the Department of Natural Resources that recovers
for recycling the materials specified in Section 8-3-12(a) through (o) from solid waste in as
pure a form as is technically feasible.
SEC. 8-3-17
RESPONSIBILITIES OF OWNERS OR DESIGNATED
AGENTS OF NON-RESIDENTIAL FACILITIES AND PROPERTIES.
Owners or designated agents of non-residential facilities and properties shall do all of the
following for recycling the materials specified in Section 8-3-12(a) through (o):
a) Provide adequate, separate containers for the recyclable materials.
b) Notify in writing, at least semi-annually, all users, tenants and occupants of the properties
about the established recycling program.
c) Provide for the collection of the materials separated from the solid waste by the users,
tenants and occupants and the delivery of the materials to a recycling facility.
d) Notify users, tenants and occupants of reasons to reduce and recycle, which materials are
collected, how to prepare materials in order to meet the processing requirements,
collection methods or sites, locations and hours of operation, and a contact person or
company, including a name, address and telephone number.
SEC. 8-3-18 ENFORCEMENT.
a) Any authorized officer, employee or representative of the Town Board or its contractors may
inspect recyclable materials separated for recycling, post-consumer waste intended for
disposal, collection sites and facilities, collection vehicles, collection areas of multiple-family
dwellings and non-residential facilities and properties, solid waste disposal facilities and
solid waste treatment facilities, and any records relating to recycling activities, for the
purpose of ascertaining compliance with the provisions of this Chapter. No person may
refuse access to any authorized officer, employee or authorized representative of the Town
Board or its contractor who requests access for purposes of inspection, and who presents
appropriate credentials. No person may obstruct, hamper, or interfere with such an
inspection.
b) Any person who violates a provision of this Chapter may be issued a citation by the Town
Board or its designee to collect forfeitures. The issuance of a citation shall not preclude
proceeding under any other ordinance or law relating to the same or any other matter shall
not preclude the issuance of a citation under this Subsection.
c) Penalties for violating this Chapter may be assessed as follows:
1) Any person who violates any provision of this Chapter shall be required to forfeit Fifty
Dollars ($50.00) for a first violation, Two Hundred Dollars ($200.00) for a second
violation, and not more than Two Thousand Dollars ($2,000.00) for a third or subsequent
violation, including reasonable attorney’s fees and costs of prosecution.
CHAPTER 4
Tank Inspections and Removals
8-4-1
8-4-2
8-4-3
Purpose and Authority
Service Contracts
Fees for Contract Services
SEC. 8-4-1
PURPOSE AND AUTHORITY.
a) Purpose. This Chapter is adopted for the purpose of promoting the health and safety of Town
residents, preservation of Town property and property values, and to implement and comply
with applicable State and Federal statutes, codes and regulations related to fire prevention,
inspections, and the regulation of underground and aboveground petroleum product storage
tanks and facilities.
b) Authority. This Chapter is enacted pursuant to the Town’s police powers and pursuant to
authority granted under Sec. 60.555, Wis. Stats., and under Chapter COMM 10, Wis. Adm.
Code.
SEC. 8-4-2
SERVICE CONTRACTS.
a) Contracts Authorized. The Town Board may enter into contracts with qualified third parties
for the provision of fire prevention and inspection services, inspections and reviews required
under Chapter COMM 10, Wis. Adm. Code, and any other such related services as the Town
may be authorized or required to perform pursuant to applicable State and Federal statutes,
codes and regulations.
b) Certification Requirements. All contracts entered into or approved by the Town must be
with persons who are certified, with regard to the services to be performed by such person,
by the Wisconsin Department of Commerce (COMM) to the extent that COMM has a
certification program applicable to the service being performed. Contracts may be awarded to
business entities (as opposed to an individual), if the Town is satisfied that all persons who
will perform services under the contract meet the certification requirements of this Chapter.
Any contract entered into hereunder may be revoked by the Town if the person or entity that
is a party to the contract loses the certification required under this Chapter.
c) Other Contract Terms. The Town Board may enter into contracts with the persons or
entities, for such periods, and at such cost, as the Town Board, in its sole discretion, deems
appropriate and beneficial to the Town. Except as otherwise required by law, the Town will
not be required to solicit bids for the contracts regulated by this Chapter. If COMM, or
another applicable State or Federal agency, has identified a person or entity with which the
Town is required to contract for any or all of the services regulated by this Chapter, the Town
will enter into a contract for such service(s) with that person or entity.
SEC. 8-4-3
FEES FOR CONTRACT SERVICES.
a) Fees Regulated by State. Where the State, under Chapter COMM 10 or COMM 2, Wis.
Adm. Code, has set a fee for services regulated under this Chapter, the State fee will be
charged, collected and administered by the party with whom the Town has contracted for
such service.
b) Fees for Tank Removal Inspections. Until such time as the State or other applicable
regulatory agency establishes a different, mandatory fee schedule, the Town Board will
establish a fee schedule for inspection of the closure of non-federally regulated petroleum
storage tank systems, where applicable State or Federal statutes, codes or regulations require
inspection of the closure. The fee schedule will be set by separate resolution of the Town
Board and may provide for splitting the inspection fee between the Town and the inspector in
such manner as the Town Board deems appropriate. Where the Town has entered into a
separate contract or agreement for such inspection services, the inspector will be responsible
for collection and remittance of the inspection fee in accordance with this Chapter and the fee
schedule then in effect.
TITLE 9
Public Utilities
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Cable Television
Sewer Connections
Town Water Supply Protection
Connections to and Use of Town Municipal Water Distribution System
Special Assessments for Town Water Distribution System
CHAPTER 1
Cable Television
9-1-1
9-1-2
9-1-3
9-1-4
9-1-5
9-1-6
9-1-7
9-1-8
9-1-9
9-1-10
9-1-11
9-1-12
9-1-13
9-1-14
9-1-15
9-1-16
9-1-17
9-1-18
9-1-19
9-1-20
9-1-21
9-1-22
9-1-23
9-1-24
9-1-25
9-1-26
9-1-27
9-1-28
9-1-29
Short Title
Purposes
Conflicting Provisions
Definitions
Franchise Territory
Grant of Franchise
Description of a System
Franchise Acceptance
Transfer of Franchise
Franchise Term and Renewal
Revocation and Expiration
Town Rights
Grantee Rules
Technical Performance
Conditions on Street Occupancy
Work Performed By Others
Indemnity
Franchise Fee and Annual Report
Rates Charged By the Grantee
Open Books and Records
Subscriber Rights
Emergency Alert Override System
Unauthorized Connections and Modifications
Severability
Foreclosure; Condemnation; Receivership
Nonenforcement By the Town
General Rights and Remedies
Waiver or Exemption
Transfer of Cable Television Franchise
SEC. 9-1-1
SHORT TITLE.
This Chapter shall be known as the “Town of Fond du Lac Cable Communications
Ordinance.”
SEC. 9-1-2
PURPOSES.
The purposes of this Chapter are to:
a) Protect the public health, safety and welfare;
b) Provide for the granting of one (1) or more Franchises to permit the use of Town streets and
other public ways for cable communication systems;
c) Provide for the regulation by the Town of the erection, construction, reconstruction,
installation, operation, maintenance, dismantling, testing, repair and use of such systems in,
upon, along, across, above, over and under or in any manner connected with the streets or
other public ways within the Town, as it now or in the future may exist;
d) Provide for the payment of fees and other valuable considerations to the Town for the use of
Town streets and other public ways by such systems as well as to compensate the Town for
costs associated with such use;
e) Provide for the development of cable communication systems as a means to improve
communications between and among, and to otherwise serve, the present and future needs of
the citizens, government and private and public institutions, organizations and enterprises of
the Town and surrounding communities; and
f) Provide remedies and prescribe penalties for violations of this Chapter and any Franchise
Agreements executed pursuant to this Chapter.
SEC. 9-1-3
CONFLICTING PROVISIONS.
a) This Chapter is adopted pursuant to the authority of the Town under the Constitutions and
Statutes of the State of Wisconsin and the United States of America, including but not limited
to the Cable Communications Policy Act of 1984 (47 U.S.C. 521 cf.) and 66.0419, Wis. Stats.
Where any provision of this Chapter conflicts with any provision of state or federal law, this
Chapter shall control to the full extent permitted by law.
b) In the case of an express conflict or any ambiguity between a provision in this Chapter and
either a provision in a Franchise Agreement executed pursuant to this Chapter or a provision
in a Franchise Proposal that is incorporated by reference into such Franchise Agreement, this
Chapter shall control.
SEC. 9-1-4
DEFINITIONS.
a) When not inconsistent with the context, words used in the present tense include the future
tense, words used in the plural number include the singular number, and words used in the
singular number include the plural number.
b) For the purposes of this Chapter, the following terms, phrases and words and their derivations
have the meanings given herein, unless it is clearly stated that another meaning is intended.
1) Town. The Town of Fond du Lac, County of Fond du Lac, State of Wisconsin, in its
present incorporated form or in any later recognized, consolidated, enlarged or
reincorporated form.
2) Basic Service. Any service tier which includes the retransmission of local television
broadcast signals and the access channel(s) herein required.
3)
Cable System. Coaxial cables, wave guides or other conductors and equipment for
transmitting video, audio and data services by cable or through its facilities as herein
contemplated, and including closed-circuit special event programs and educational
television.
4) Control or Controlling Interest. Actual working control or ownership of the cable system
in whatever manner exercised. A rebuttable presumption of the existence of control or a
controlling interest shall arise from the beneficial ownership, directly or indirectly, by any
person, group of persons acting in concert (except underwriters during the period in
which they are offering securities to the public) or entity of forty-nine percent (49%) or
more of the Fond du Lac cable system or the Franchise under which the system is
operated. A change in the control or controlling interest of a parent of a Grantee shall
constitute a change in the control or controlling interest of the Fond du Lac cable system
under the same criteria. Control or controlling interest as used herein may be held
simultaneously by more than one (1) person, group of persons or entities.
5) Board. The present Town Board of the Town or any future body constituting the
legislative body of the Town.
6) Franchise. An authorization issued by the Town to construct and operate a Cable System.
7) Grantee. Any entity including a corporation, joint venture, association, partnership or
individual to whom or which a Franchise under this Chapter is granted or lawfully
transferred.
8) Gross Revenues. Any revenue derived directly or indirectly by a Grantee, its affiliates,
subsidiaries, parents and any persons or entities in which a Grantee has a financial interest
of five percent (5%) or more, from or in connection with the operation of a grantee’s
cable system within the Town including, but not limited to, basic subscriber service fees,
pay channel service fees, installation and reconnection fees, leased channel fees,
converter and remote control rentals, enhanced telecommunication services, studio
rentals, production equipment rentals and advertising revenues. The term does not include
any taxes or other fees on services provided by a Grantee and imposed directly upon any
subscriber or user by the state, Town or other governmental unit and collected by a
Grantee on behalf of said unit.
9) Street or Public Way. The surface of and space above and below any public street, road,
highway, freeway, lane, alley, court, sidewalk, parkway or drive, now or hereafter
existing as such within the Town. A Franchise granted under this Chapter shall be deemed
to confer only such rights to use property in the Town as the Town may have the right and
power to grant in such agreements.
10) Subscriber. Any person or entity lawfully receiving for any purpose the cable system
services of a Grantee herein.
c) Any word, phrase or term defined in Section 522 of the Cable Communications Policy Act of
1984 but not defined in this Section shall have the meaning set forth in Section 522 of the
Cable Communications Policy Act of 1984 as amended.
SEC. 9-1-5
FRANCHISE TERRITORY.
A Franchise granted under this Chapter is for the present territorial limits of the Town of Fond du
Lac, unless otherwise granted by the Board. Any area henceforth added to the Town during the
term of the Franchise shall become part of the Franchise territory. For any area within the
Franchise territory not served under the Franchise, service under the Franchise must be offered
when household density reaches the equivalent of forty (40) households per cable mile, including
interconnecting trunk. Nothing in this Section is intended to preclude Grantee from extending its
System to other portions of the Town or outside the Town for the purpose of serving the other
areas. Upon notice by the Town that an area has met the density requirement stipulated herein,
Grantee shall be given one hundred eighty (180) days to construct the extension to those areas
which are contiguous to Grantee’s existing plant. Grantee shall be given a reasonable period of
time to construct the extension to those areas which are not contiguous to Grantee’s existing
plant.
SEC. 9-1-6
GRANT OF FRANCHISE.
a) This Chapter allows the Town of Fond du Lac to grant a Franchise to install, maintain and
operate a cable system for a term of up to fifteen (15) years, provided that the Grantee
conforms to the conditions, limitations and requirements of this Chapter. No portion of a
Franchise or any right granted thereunder may be separated or transferred, except as provided
in Section 9-1-9.
b) The Town will use its discretion and judgment to determine if the granting of one (1) or more
Franchises under this Chapter will serve the public’s needs and protect the public’s health,
safety and welfare. If the Town determines that the grant of more than one (1) Franchise will
serve the public’s needs and protect the public’s health, safety and welfare, it may grant an
additional Franchise, provided, however, that the terms and conditions of such grant are not
more favorable or less burdensome to the applicant than those granted pursuant to any
existing cable television Franchise.
c) No provision of this Chapter shall be deemed or construed to require the Board to grant a
Franchise.
d) A Franchise granted under this Chapter shall not take the place of any other license or permit
legally required of a Grantee, unless expressly provided in a Franchise Agreement made
pursuant to this Chapter.
e) On or about the fifth (5th) and tenth (10th) anniversaries of the effective date of a Franchise
granted under this Chapter, the Town may schedule a public meeting or meetings with the
Grantee to review the Franchise performance, plans and prospects. The Town may require the
Grantee to make available specified information to determine if the Grantee is supplying a
level and variety of services equivalent to those being generally offered in comparable
markets.
SEC. 9-1-7
DESCRIPTION OF A SYSTEM.
a) The minimum capacity for a cable system in Fond du Lac shall be fifty (50) channels.
b) A Grantee shall, as part of the acceptance of a Franchise, provide the Town with a written
description of the cable system within the Town, including technical characteristics, channel
capacity, and channel carriage. The Grantee shall provide the Town with an updated
description as substantial changes in the system are made.
SEC. 9-1-8
FRANCHISE ACCEPTANCE.
a) To accept a Franchise granted under this Chapter, a Grantee must file any required bonds,
funds and proof of insurance, as well as written notice of acceptance with the Town Clerk
within forty-five (45) days of the offer of the Franchise being made by the Town Board.
b) Such written notice shall include a certification that the Grantee:
1) Will comply with this Chapter, any Franchise Agreements made pursuant to this Chapter,
and all applicable Town, county, state and federal regulations in regard to the
construction, operation and maintenance of a cable system;
2) Accepts the Franchise relying on its own investigation and understanding of the power
and authority of the Town to grant the Franchise and the terms and conditions thereof;
3) Acknowledges that it has not been induced to enter into the Franchise by any
understanding or promise or by other statement, whether written or verbal, by or on
behalf of the Town or by any other third (3rd) person concerning any term or condition of
the Franchise or Chapter not expressed herein;
4) Shall have no recourse whatsoever against the Town for any loss, cost, expense or
damage arising out of any provision or requirement of a Franchise or the enforcement
thereof, or for the failure of the Town to have authority to grant any or all parts of the
Franchise;
5) Agrees that, in the event of any ambiguity in a Chapter, Franchise or Franchise
Agreement or any dispute over the meaning of any terms or conditions thereof, the same
shall be construed against the Grantee and in favor of the Town; and
6) Will not at any time set up against the Town in a claim for proceeding any condition or
term of the Franchise or Chapter as unreasonable, arbitrary or void, or that the Town had
no power or authority to make any such term or condition, but shall accept the validity of
the terms and conditions of the Franchise and Chapter in their entirety.
c) Grantees of a Franchise granted or transferred under this Chapter shall, at the time of
acceptance of the Franchise, provide an initial payment to the Town in the amount of the
City’s cost of granting or, in the case of a transfer, transferring the Franchise. The amount of
such payment shall be considered as reimbursement for administrative costs incurred before
the granting or transferring of the Franchise.
SEC. 9-1-9
TRANSFER OF FRANCHISE.
a) There shall be no sale, transfer or assignment of a majority ownership or the control of a
Franchise granted hereunder, nor shall the title, either legal or equitable, or any right or
interest relating to a Franchise or system, pass to or vest in any person or entity without the
written permission of the Board, which approval shall not be unreasonably withheld. This
Section shall not apply to the granting of a security or mortgage interest in the Grantee’s
assets by the Grantee to a financing institution for the purpose of financial either the
construction, maintenance or operation of the Cable System. This Section shall also not apply
to the Grantee’s transfer or assignment of its rights and obligations to any subsidiary or to any
partnership of which the Grantee is the controlling managing partner.
b) A Grantee wishing to transfer control of or a controlling interest in its Franchise or system
within the Town shall make a written request to the Town Board for such approval. The
Town shall have forty-five (45) days from the time of the receipt of the request to reply in
writing and indicate approval of the request or its determination that a public hearing is
necessary due to potential adverse affect on Grantee’s Subscribers.
c) Upon receipt of any request contemplated in Subsection (a) of this Section, the Town may
require the Grantee or any other party involved in the transfer to provide such information as
is necessary to evaluate the transfer.
d) The Town may approve the transfer, deny the transfer with cause, or conditionally approve
the transfer, provided that the Town shall not unreasonably refuse to approve the transfer or
condition the transfer upon unreasonable conditions. The conditions the Town may attach to
the transfer approval may include, but are not limited to: reimbursement for reasonable and
necessary expenses incurred in evaluating the transfer request; remedy of any existing or
historical violations of Town ordinances or the Franchise agreement; payment of all fees and
penalties owed by the Grantee at the time of transfer approval; and a guarantee by the
prospective new Grantee to abide by any and all ordinances, agreements and conditions
placed upon the Franchise and system by the Town and existing Grantee, unless mutually
removed by the Town and Grantee.
e) The Town shall approve the transfer, deny the transfer with cause, or conditionally approve
the transfer within ninety (90) days of receipt of the notice required in Subsection (b) of this
Section. The Town’s failure to approve the transfer, deny the transfer with cause, or
conditionally approve the transfer within ninety (90) days, by express action of the Board,
shall be construed as approval of Grantee’s request.
f) When the Town approves a transfer under this Section, the new Grantee shall indicate
acceptance of the Franchise as specified in Section 9-1-8, including the filing of all necessary
bonds, funds, proofs of insurance and certifications.
SEC. 9-1-10 FRANCHISE TERM RENEWAL
a) A Franchise granted pursuant to this Chapter shall be effective for a period of up to fifteen
(15) years. The Town may grant a Franchise for a shorter term if the Board deems it in the
best interest of the Town to do so.
b) The Town may decide to renew a Franchise granted under this Chapter if the Grantee files a
written request of such a renewal. The Town may use the written request as a signal to update
this Chapter and reevaluate the community needs served by the Grantee.
c) To the extent applicable, Section 546 of the Cable Communications Policy Act of 1984, as
amended, shall govern the procedures and standards for renewal of any Franchise awarded
pursuant to this Chapter.
d) To the extent that Section 546 of the Cable Communications Act of 1984, as amended, is not
applicable, the Town in its sole discretion and judgment shall have the right to grant, deny or
conditionally grant renewal of a Franchise, provided that the Town shall not unreasonably
refuse to renew the Franchise or unreasonably condition the renewal. The conditions the
Town may place on its approval shall include, but are not limited to: reimbursement for
reasonable expenses incurred in evaluating the request for renewal, updating the Chapter and
surveying community cable needs, provided, however, that this Section shall not preclude an
agreement by the Town and Grantee to share in the costs incurred in evaluating a request for
renewal; remedy of historical or existing violations of the Franchise or Chapter which had not
been waived previously by the Town; payment of all fees and penalties owed by the Grantee
at the time of the renewal; and acceptance of any updated Chapter or Franchise agreement.
e) Unless otherwise agreed upon, any amended cable ordinance or provision thereunder adopted
before the Franchise renewal shall take effect at the Franchise renewal.
f) When the Town approves a Franchise renewal, the Grantee shall accept the renewed
Franchise under the procedures set out in Section 9-1-8.
SEC. 9-1-11 REVOCATION AND EXPIRATION.
a) The Town shall have the right to revoke a Franchise in the event that the Grantee:
1) Violates any material provision of this Chapter, a Franchise or an applicable Franchise
Agreement;
2) Attempts to evade or violate any provision of this Chapter, a Franchise or an applicable
Franchise Agreement;
3) Practices any deceit or fraud upon the Town or any subscriber;
4) Performs any act or fails or cure any event that requires the approval or consent of the
Town without securing such approval or consent; or
5) Triggers any provision in this Chapter that provides for revocation as a remedy.
b) If the Board chooses to revoke a Franchise, it shall provide the Grantee with written notice if
its intent and describing the reasons constituting cause for revocation. The Grantee shall have
at least thirty (30) days, or longer if the Board agrees, to remedy the cause or to provide
adequate assurance of performance in compliance with the Franchise. If the Grantee fails to
remedy the cause to the satisfaction of the Board during this period, the Board shall,
following the thirty (30) day period provided in Subsection (b) above, conduct a public
hearing at which the Grantee is provided an opportunity to be heard.
c) After the public hearing and upon determination by the Board to revoke the Franchise,
Grantee shall have a period of thirty (30) days, from the date to the Town’s determination,
within which to file an appeal with an appropriate state or federal court or agency. During the
appeal period, the Franchise shall remain in full force and effect unless the term thereof
sooner expires.
d) Should a Franchise be revoked or expire and there is no judicial or administrative review of
the revocation or expiration taking place, the Grantee shall begin to remove, within ninety
(90) days of revocation or expiration, all property owned by the Grantee and placed on a
public right-of-way unless permitted by the Town to abandon said property to a purchaser.
e) In the event that a Franchise has been revoked or has not been renewed, the Town shall have
the option, to the extent then permitted by law, to purchase the tangible assets of the
Grantee’s cable television system previously governed by the Franchise at its fair market
value, to assign such rights to purchase, or to require removal of all Grantee’s property
located within the public ways of the Town at the Grantee’s expense. Such an option must be
exercised within ninety (90) days from the date of the revocation or expiration of the
Franchise, the entry of a final judgment by a court reviewing the question of the revocation or
expiration, or the entry of a final order upon appeal of the same, whichever is later.
SEC. 9-1-12 TOWN RIGHTS.
a) The Town may amend this Chapter and a Franchise granted hereunder to incorporate
amendments to federal law which are applicable to the Grantee’s Cable System. Any
provision herein in conflict with or preempted by federal law shall be superseded.
b) The Town reserves the right to further amend this Chapter, or adopt additional ordinances, if
it finds it necessary to protect the public health, safety and welfare. Such amendments and
new ordinances shall be reasonable and not be in substantial conflict with the rights granted
in this Chapter or with federal or state law.
c) In the event that the Federal government cedes any power vested in the Federal government
at the time a Franchise is granted under this Chapter, the Town reserves the right to exercise
that power.
d) During the term of a Franchise and within the Town limits, the Town may, where fixtures
necessary for a police and fire alarm system. Such wires and fixtures shall be constructed and
maintained to the satisfaction of the Grantee in accordance with standards set out in this
Chapter.
e) The Town may inspect all construction or installation work during such construction or
installation, or at any time after completion thereof, in order to insure compliance with the
provisions of this Chapter and all other governing ordinances.
f) A Grantee shall provide free basic service consisting of one (1) outlet to any and all existing
public buildings, public libraries, fire stations and schools, whether private, public or
parochial, within the Franchise territory provided that such public buildings, public libraries,
fire stations and schools are reasonably accessible from Grantee’s distribution plant.
Additional outlets shall be provided at the Grantee’s cost for time and materials. In the event
of the addition of a new building eligible for service under this Section during the life of the
Franchise, the Grantee shall provide such service as soon as it is reasonably accessible from
the Grantee’s distribution plant.
SEC. 9-1-13
GRANTEE RULES.
A Grantee may promulgate such rules, regulations, terms and conditions governing the conduct
of its business as shall be reasonably necessary to enable the Grantee to exercise its rights and
perform its obligations under the Franchise and to assure uninterrupted service to all its
subscribers. However, such rules, regulations, terms and conditions shall not be in conflict with
the provisions of this Chapter, other Town Ordinances or the laws of the State.
SEC. 9-1-14
TECHNICAL PERFORMANCE.
a) The cable system shall be operated to comply with or exceed all guidelines and standards set
by the FCC for signal quality and leakage. The Town reserves the right to test the system and
independently measure the signal quality. The system shall at all times comply with or exceed
standards set by the National Electrical Code of the National Fire Protection Association.
b) A Grantee shall at all times keep its cables and other appurtenances used for transmitting
signals shielded in such a manner that there will be no interference with electronic equipment
not connected to the Grantee’s service.
c) The Town reserves the right to adopt and enforce technical standards to the extent allowed by
Federal law. If such Town authority is expanded during the duration of a franchise granted
under this Chapter, the Town may choose to exercise its authority at its own discretion.
SEC. 9-1-15
CONDITIONS ON STREET OCCUPANCY.
a) All transmission and distribution structures, lines and equipment erected by a Grantee within
the Town shall be so located as not to cause interference with the proper use of streets, alleys
and other public ways and places, and not to cause interference with the rights or reasonable
convenience of property owners who adjoin any of the streets, alleys or other public ways and
places.
b) The Grantee shall obtain permission from the Director of Public Works or other appropriate
Town authority before commencing disturbance of pavement, sidewalk, driveway or other
public surfacing, and shall, at its own cost and expense and in a manner approved by the
Director of Public Works, or other appropriate Town authority, replace and restore all
pavement, sidewalk, driveway or other surface of any street or alley disturbed in as good
condition as before such work commenced. The Grantee shall comply with all Town
ordinances relating to Street openings and utility facility placement and operation. A Grantee
shall not charge a Town resident for damage to its underground cable plant if, prior to
commencing the activities which resulted in the damage, the resident had made appropriate
contact with the relevant locate authority and the resident’s activities were not otherwise
negligent.
c) If, at any time during a Franchise, the Town shall elect to alter or change the location or grade
of any Street, alley or other public way, the Grantee, upon reasonable notice by the Town,
shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and
other fixtures at its own expense. If any construction by the Grantee is in violation of the
provisions of Subsection (a), the Grantee shall likewise, upon reasonable notice by the Town,
remove, relay and relocate its property in such a manner as to remedy such violation at its
own expense.
d) The Grantee shall not place poles or other fixtures where the same will interfere with any gas,
electric, telephone or other fixture, water hydrant or main. All such poles or other fixtures
placed in any Street shall be placed between the outer edge of sidewalk and the curb line, and
those placed in alleys shall be placed close to the line of the lot abutting on such alley in such
a manner as not to interfere with the usual travel on the streets, alleys and public ways.
Nothing in this Chapter shall prohibit the use by the Grantee of existing public utility poles
where practical, providing mutually satisfactory rental agreements can be entered into.
e) A Grantee shall, on the request of any person holding a building moving permit issued by the
Town, temporarily raise or lower its wires to permit the moving of buildings. The expenses of
such temporary raising or lowering of the wires shall be paid by the person requesting the
same, and the Grantee may require such payment in advance. The Grantee shall be given at
least two (2) weeks advance notice to arrange for such temporary wire changes.
f) The Grantee, after obtaining permission from the Town in each instance, may trim trees that
overhang streets, alleys, sidewalks and public places of the Town so as to prevent the
branches of such trees from coming in contact with the wires and cables of the Grantee.
SEC. 9-1-16 WORK PERFORMED BY OTHERS.
a) A Grantee shall give prior notice to the Town specifying the names and addresses of any
entity, other than the Grantee, that performs construction services in excess of Ten Thousand
Dollars ($10,000) pursuant to the Franchise, provided, however, that all provisions of the
Franchise remain the responsibility of the Grantee.
b) All provisions of a Franchise shall apply to any subcontractor or others performing any work
or services pursuant to the provisions of the Franchise.
c) Nothing in this Section shall be construed as allowing the transfer of any rights or
responsibilities of the Grantee without Town approval.
SEC. 9-1-17 INDEMNITY.
a) The Grantee shall defend and save the Town and its agents and employees harmless from all
claims, damages, losses and expenses, including consultant and attorney’s fees, sustained by
the Town on account of any suit, judgment, execution, claim or demand whatsoever arising
out of:
1) The enactment of this Chapter and granting of a Franchise thereunder, except such claims
as may arise from the City’s selection of Grantee to be awarded a Franchise pursuant to
this Chapter.
2) The installation, operation or maintenance of the cable system except for acts of the
Town, its agents or employees, unless said acts are at the request of and under the
direction or supervision of the Grantee.
b) In order for the Town to assert its rights to be indemnified, defended, and held harmless, the
Town must, with respect to each claim:
1) Promptly notify Grantee of any claim or legal proceeding which gives rise to such right;
2) Afford Grantee the opportunity to participate in and fully control any compromise,
settlement or other resolution or disposition of any claim or proceeding; unless, however,
the Town determines that its interests cannot be represented in good faith by Grantee; and
3) Fully cooperate with reasonable requests of Grantee, at Grantee’s expense, in its
participation in, and control, compromise, settlement or resolution or other disposition of
such claim or proceeding subject to Subsection (b)(2) above.
c) The Grantee shall furnish to the Town, before any Franchise becomes effective, satisfactory
evidence in writing that the Grantee has in force and will maintain in force during the term of
the Franchise public liability insurance.
d) A Grantee shall maintain throughout the term of the Franchise a general comprehensive
liability insurance policy naming as additional insured the Town, its officers, boards,
commissions, agents and employees. The policy shall protect the Town and its agencies and
employees against liability for loss or damage for personal injury, death or property damage
occasioned by the operations of Grantee under any Franchise granted hereunder, in the
amounts of One Million Dollars ($1,000,000) for bodily injury or death to any one (1) person
with the limit however of Ten Million Dollars ($10,000,000) for bodily injury or death
resulting from any one (1) accident, and One Million Dollars (1,000,000) for property
damage resulting from any one (1) accident. The Town reserves the unilateral right to revise
the levels of insurance required under this Section to reflect conditions on or about the fifth
(5th) and tenth (10th) anniversaries of the effective date of a franchise granted under this
Chapter. The Town shall be named as an additional insured under such insurance and a
certificate of insurance shall be deposited with the Town Clerk.
SEC. 9-1-18 FRANCHISE FEE AND ANNUAL REPORT.
a) As compensation for permission to use the streets and public ways of the Town for the
construction, operation, maintenance, modification, and reconstruction of a cable system, and
for the City’s costs in establishing a regulatory program for a Grantee, the Grantee shall pay
to the Town an annual amount equal to five percent (5%) of the Grantee’s annual Gross
Revenues derived from its operations in the Town or, if higher, that amount allowed under
Federal law following ninety (90) day’s written notice by the Town informing the Grantee of
the requirement of such higher amount.
b) The Franchise fee shall be paid on a semi-annual basis according to the following schedule:
revenues for January through June shall be reflected in an August 15 payment; revenues for
July through December shall be reflected in a February 15th payment. A Grantee shall
provide, with each franchise fee payment, a gross revenue statement showing the revenues
received by Grantee for the six (6) month period covered by the payment.
c) The Town may request on an annual basis a report containing a summary, by type, of
customer complaints received during the previous year as well as their resolutions; a
summary of material physical changes in the cable system and changes in services offered in
the past year; any rate or fee changes; a current listing of each officer, director, and manager
of the cable system, and each person or entity holding control or controlling interest in the
Grantee; and a summary of the Grantee’s plans for the cable system in the coming year.
d) No acceptance of any payment by the Grantee to the Town shall be construed as a release or
as an accord and satisfaction of any claim the Town may have for further or additional sums
payable as a Franchise fee or for the performance of any other obligation of the Grantee. Any
discrepancy between a franchise fee paid and the amount verified by an independent
accounting of Grantee’s revenue shall be paid within thirty (30) days of the verification of the
discrepancy.
SEC. 9-1-19 RATES CHARGED BY THE GRANTEE.
a) Rates charged by a Grantee for service under a Franchise granted under this Chapter shall be
fair and reasonable. Before any service is sold to any customer, the Grantee shall file with
Town Clerk its schedule of rates for installation and monthly service charges, together with a
statement of the rights and obligations of subscribers.
b) Subsequent increases in monthly service rates or additions or amendments to rights and
obligations statements shall likewise be filed with the Town Clerk at least twenty-one (21)
days before the same become effective. The Grantee must also provide subscribers to the
cable system with written notification of any such changes at least fourteen (14) days before
the same become effective.
c) The Town may regulate rates for the provision of cable service provided over the System
only to the extent allowed under federal or state law(s).
d) To the extent allowed by state and federal law, nothing in this Section shall prevent the
Grantee from applying a surcharge or late payment penalty to subscriber bills to reflect
delinquent balances due the Grantee.
SEC. 9-1-20
OPEN BOOKS AND RECORDS.
a) A Grantee shall manage all of its operations in accordance with the policy of totally open
books and records in respect to the Town. The authorized officers and agents of the Town
shall have the right to inspect, upon at least twenty-four (24) hours notice, during normal
business hours, all records maintained by Grantee that relate to the operation of the Franchise.
b) A Grantee shall, at its own expense, prepare and furnish to the Town, at the times and in the
form prescribed by the Town, such reasonable reports with respect to its operation, affairs,
transactions and property, relating to its system in the Town, as the Town deems necessary
for the purpose of regulating the Franchise.
c) The Town may order an audit of the Grantee’s records, which may be conducted by a Town
employee or by an independent entity.
SEC. 9-1-21 SUBSCRIBER RIGHTS.
a) No monitoring of any terminal connected to the system shall take place without, on each
occasion, specific written authorization by the user of the terminal in question and written
notice to the Town. Written permission shall not be required for the conducting of system
wide or individually addressed electronic sweeps for the purpose of verifying system integrity
or monitoring for the purpose of billing, nor shall it prevent the introduction of additional
services agreed upon, such as two-way communications and security systems.
b) A Grantee shall not, except as required by governmental action, provide any data concerning
specific subscribers or users or their use of subscriber services except in compliance with the
Cable Communications Policy Act of 1984.
c) Subscribers and users shall retain the right to deactivate their terminals, but shall continue to
be responsible for charges until the Grantee is notified to terminate service. The subscriber
shall not be charged any fee for the cancellation or downgrading of cable service.
d) During standard business working hours, the Grantee’s office must be open and able to accept
payments; exchange or accept return of converters; schedule and conduct service or
technician calls; and answer subscriber inquiries.
e) The Grantee shall provide subscribers with a local or toll-free line, either staffed or
conditions, telephones must be answered within thirty (30) seconds; subscribers should reach
a customer service representative within two (2) minutes in all cases. Less than three percent
(3%) of callers to the Grantee shall receive a busy signal.
f) The Grantee shall answer subscribers’ service requests within twenty-four (24) hours,
including weekends and holidays. Problems should be rectified within forty-eight (48) hours
or, in case of a dispute, in fewer than ten (10) days. Customers shall be able to schedule with
the Grantee that a service visit occur during a four (4) hour block in either the morning or the
afternoon.
g) Upon notification by a Subscriber of a service interruption, Grantee shall give the Subscriber
a credit for each hour that cable service is interrupted if cable service is interrupted for more
than four (4) hours in one (1) day and the interruption is not caused by the cable operator.
h) Upon notification by a Subscriber of a service interruption, Grantee shall give the Subscriber
a credit for one (1) day of cable service if cable service is interrupted for more than four (4)
hours in one (1) day and the interruption is caused by the Grantee.
i) Once a cable system is in place, all normal installations must be made within seven (7)
business days. Upon initial installation each subscriber shall receive written notice of all
services available, rates for such services and all Grantee policies affecting customer services.
SEC. 9-1-22
EMERGENCY ALERT OVERRIDE SYSTEM.
The Grantee shall incorporate into its cable system the capability for a temporary
emergency override whereby a designee of the Town, in times of emergencies, may
introduce a message on all channels in the system simultaneously. The Grantee shall
provide and maintain all equipment necessary for the use of this capability, which shall be
capable of being invoked by a telephone line, provided acceptable security for the
override can be accomplished.
SEC. 9-1-23
UNAUTHORIZED CONNECTIONS AND MODIFICATIONS.
a) It shall be unlawful for any firm, person, group, company, corporation or governmental body
or agency, without the expressed consent of the Grantee, to make or possess, or to assist in
making or possessing, any connection, extension, or division, whether physically,
acoustically, inductively, electronically or otherwise, with or to any segment of the System.
b) It shall be unlawful for any firm, person, group, company, corporation or governmental body
or agency to willfully interfere, tamper, remove, obstruct or damage, or assist thereof, any
part or segment of the System for any purpose whatsoever.
c) Any firm, person, group, company, corporation or governmental body or agency found guilty
of violating this Section may be fined not less than Fifty Dollars ($50.00) and the costs of the
action or more than Five Hundred Dollars ($500.00) and the costs of the action for each and
every subsequent offense. Each continuing day of the violation shall be considered a separate
offense.
SEC. 9-1-24
SEVERABILITY.
Should any word, phrase, clause, sentence, paragraph or portion of this Chapter and or a
Franchise thereunder be declared to be invalid by a Court of competent jurisdiction, such
adjudication shall not affect the validity of this Chapter and or the Franchise as a whole, but shall
only affect the portion thereof declared to be invalid; and the Town Board hereby expressly states
and declares that it would nonetheless have passed this Chapter and or granted the Franchise had
it known that any such word, phrase, clause, sentence, paragraph or portion of said Chapter and
or Franchise were invalid.
SEC. 9-1-25 FORECLOSURE; CONDEMNATION; RECEIVERSHIP.
Upon the occurrence of any event that may lead to the foreclosure, condemnation or receivership
of any part of the Fond du Lac cable system, the Grantee shall immediately provide written
notification to the Town. Such notification shall be notice of cause for revocation of the
Franchise, and the Town may revoke the Franchise under procedures set in this Chapter.
SEC. 9-1-26 NONENFORCEMENT BY THE TOWN.
The Grantee shall not be relieved by obligation by reason of any failure of the Town to enforce
prompt compliance with any provision of this Chapter, a Franchise or a Franchise Agreement.
SEC. 9-1-27 GENERAL RIGHTS AND REMEDIES.
All rights and remedies given to the Town under this Chapter, a Franchise and a Franchise
Agreement shall be in addition to and cumulative with each other and with any and all other
rights or remedies, existing or implied, now or hereafter available to the Town, at law or in
equity, and such rights and remedies shall not be exclusive, but each and every right and remedy
specifically provided or otherwise existing or given may be exercised from time to time and as
often and in such order as may be deemed expedient by the Town in its sole judgment and
discretion, and the exercise of one (1) or more rights or remedies shall not be deemed a waiver of
the right to exercise at the same time or thereafter any other right or remedy nor shall any such
delay or omission be construed to be a waiver of or acquiescence to any default. The exercise of
any such right or remedy by the Town shall not release the Grantee from its obligations or any
liability under this Chapter, a Franchise or a Franchise Agreement.
SEC. 9-1-28 WAIVER OR EXEMPTION.
The Town reserves the right to waive provisions of this Chapter, or exempt a Grantee from
meeting provisions of this Chapter, if the Town determines such waiver or exemption is in the
public interest.
SEC. 9-1-29 TRANSFER OF CABLE TELEVISION FRANCHISE.
a) History.
1) The Cable television franchise in the Town of Fond du Lac (the “Franchise”) is currently
owned and operated by Charter Communications (“Franchisee”).
2) The Franchisee has entered into a Purchase Agreement dated November 12,1993 (the
“Purchase Agreement”) between Franchisee and Marcus Cable Partners, L.P. (“Marcus”),
and the Town Board has received a request from the Franchisee for approval to assign the
franchise and transfer the CATV Ordinance from the Franchisee to Marcus.
3) Marcus, as the proposed assignee and transferee of Franchisee, from and after the date of
the closing of the transactions described in the Purchase Agreement, shall assume and
agree to perform each and every obligation of the Franchisee under the Franchise.
4) The Town’s Ordinance requires the Town Board to approve said transfer.
5) The Town is not aware of any current default of the terms and conditions of the franchise
agreement or CATV ordinance.
b) Transfer.
1) The sale, transfer and assignment of the rights, responsibilities and benefits of the
Franchisee under the Franchise from Franchisee to Marcus is hereby permitted and
approved.
2) The Franchise (and the related CATV ordinance) is in full force and effect to the date
hereof (February 14, 1994) in accordance with the terms and conditions as set forth
therein.
3)
The consent to transfer herein provided shall be effective upon and only effective
concurrent with the closing of the transactions described in the Purchase Agreement and
Marcus shall notify the Town promptly upon the closing of such transactions.
CHAPTER 2
Sewer Connections
9-2-1
9-2-2
9-2-3
9-2-4
9-2-5
9-2-6
9-2-7
9-2-8
9-2-9
Definition of Terms
Procedure for Individual Connection Applications
Repayment of Special Assessments in Installments
Connection Requirements and Procedures
Sewer Service Rates
Use of Sewerage System
Miscellaneous Rules and Regulations
Rights of Property Owners
SEC. 9-2-1
APPLICABILITY AND PURPOSE.
a) Applicability. This Chapter shall apply to all Town properties located outside an existing
sanitary district, which may or do connect to the City of Fond du Lac sewer system by means
of connection of an owner-installed sewer lateral to an abutting sewer main owned by the
City of Fond du Lac.
b) Purpose. The purpose of this Chapter is to promote the public health, safety and general
welfare of the community through provisions designed to:
1) Provide an orderly procedure for connection of Town properties located outside of
sanitary districts to a municipal sewer system where sewer service is available.
2) Discharge the Town’s obligations for individual sewer connections as established through
arbitration and judicial processes.
3) Defray the immediate costs of sewer connections to Town properties through the
establishment of the right to elect an installment method for payment of connectionrelated costs.
4) Promote residential and commercial development within the Town through the
availability of affordable municipal sewer service.
SEC. 9-2-2
DEFINITION OF TERMS.
a) General. For the purpose of this Chapter, the following shall apply throughout the Chapter:
1) The word “person” includes a firm, association, organization, partnership, trust, company
or corporation as well as an individual.
2) The present tense includes the future tense and the singular includes the plural.
3) The word “shall” is mandatory, the word “may” is permissive.
4) The word “Town” includes, where applicable, the relevant Town Sanitary District.
b) Definition of Terms.
1) Basin Charges. Payment due to the City of Fond du Lac for use of a previouslyconstructed sewer collection system providing transportation of sewage from a specific
area to the treatment facility. Basin charges applicable to individual connections have
been determined through arbitration and are set out in arbitration award dated February
17, 1989. Residential basin charges are assessed on a “per unit” basis and commercial
basin charges are assessed on a per acre basis. Basin charges are due to the City at or
prior to the time of connection to the sewer system.
2) City’s Deferred Charges. Charges assessed by the City of Fond du Lac for installation of
a sewer line which would have been assessed to the abutting property had the property
been located within the City’s corporate boundaries. The City’s deferred charges are
currently assessed on a front foot basis, are assessed solely within the discretion of the
City and are subject to change by the City. The City’s deferred charges are due to the
City at or prior to the time of connection to the sewer system.
3) Individual Connections. Connection of residential or commercial properties, which are
located within the Town but outside of a sanitary district, to the City’s sewer system,
where connection may be made by installation of a privately-owned and installed lateral
to an existing City-installed sewer line which abuts the connecting property.
4) Lateral. A private sewer line installed at the property owner’s expense for the purpose of
connecting the property to a City-installed sewer line which abuts the property to provide
municipal sewer service for the property.
5) Property. Any property located within the Town but outside of a sanitary district which
abuts a City-installed sewer line and for which basin charges and the City’s deferred
charges have been previously determined or negotiated by the Town and the City of Fond
du Lac.
6) Sewer Line. A sewer main or other collector line which has been installed by the City for
the purpose of transporting sewage to the treatment plant and which abuts property
located within the Town.
7) Sewer System. The regional sewage treatment system, including the collection system
and the City-owned regional treatment plant.
SEC. 9-2-3
PROCEDURE FOR INDIVIDUAL CONNECTION APPLICATIONS.
a) Application Process. The property owner shall apply to the Town for a connection permit.
The application shall be submitted to the Town Clerk, together with an application fee of
Thirty-five Dollars ($35.00), and shall contain the following minimum information:
1) Name and address of the applicant.
2) Address and legal description of the property for which connection is requested.
3) If the property is currently improved, whether the improvement is residential or
commercial and the number of units or buildings for which sewer service is requested.
4) If the property is unimproved, a description of the proposed development and the number
of units for which connection to the sewer system is requested, together with the
anticipated commencement date for construction.
5) Whether the property is currently subject to any State or local sanitary code enforcement
orders or citations.
6) Whether repayment of the special assessment to be imposed under this Chapter shall be
made in a lump sum or the right to repay in installments is being requested.
b) Application Review.
1) The Town Board shall review the application at the next regularly scheduled Town Board
meeting, provided the application is received at least fifteen (15) days prior thereto. If the
application is received less than fifteen (15) days prior to the next regularly scheduled
meeting, it shall be reviewed at the second regularly scheduled meeting following receipt
of the application. The Town Board may schedule a special meeting for the purpose of
review of an application.
2) If the property and the proposed connection are within the rights of the Town as
determined by the arbitration and judicial processes and, subject to the discretion
reserved to the Town as set forth in this Chapter, the Town Board shall approve the
application for connection in accordance with the provisions of this Chapter.
c) Special Assessment.
1) As an express condition for approval of a connection application, the property owner
shall consent to the imposition of a special assessment against the property and shall
waive notice and public hearing thereon in accordance with the provisions of Sec.
66.0703(7)(b),Wis. Stats.
2) If the application is approved, a special assessment shall be levied against the property in
an amount to the basin charges, the City’s deferred charges, and any directly-related
administrative charges, as applicable to the connecting property.
3) The property owner shall be solely responsible for the installation of a lateral to connect
the property to the abutting sewer line and all costs thereof.
d) Compliance With All Applicable Laws. The property owner shall comply with all
applicable State, city, county and Town ordinances and regulations governing sewer
connections, lateral installations, zoning and any such other ordinances or regulations related
to connection of the property to the sewer system and shall obtain any and all required State,
city, county and Town permits prior to commencing any work related to connection to the
sewer system. Any and all costs associated with compliance shall be the sole responsibility of
the property owner. Nothing herein shall be construed as prohibiting the Town from granting
such economic incentives to development as the Town Board may determine to be in the best
interests of the Town, its residents and property owners.
e) Denial of Application. The Town Board may deny an application when:
1) The applicant, the property to be connected, or any other property located within the
Town and owned by the applicant, is in violation of any Town ordinance.
2) The property is not located within an area for which basin charges or the City’s deferred
charges have been previously determined or negotiated.
3) The property owner does not consent to the imposition of a special assessment against the
property as set forth in this Chapter.
4) The property owner requests the right to repayment of the special assessment in
installments and the Town has insufficient funds available to finance an installment
repayment election.
5) The City of Fond du Lac refuses to grant a permit for or otherwise refuses to allow the
connection.
6) The property does not abut an existing sewer line.
7) The proposed development of the property to be connected, or the connection of the
property, would be in violation of existing zoning or other applicable ordinances or any
contracts or intergovernmental agreements to which the Town is a party.
8) Other relevant and reasonable conditions exist which the Town Board, in its sole
discretion, determines require the denial of the connection request.
SEC. 9-2-4
REPAYMENT OF SPECIAL ASSESSMENTS IN INSTALLMENTS.
a) Installment Periods.
1) Whenever the special assessment imposed under this Chapter is in excess of Five
Hundred Dollars ($500.00) and less than Four Thousand Dollars ($4,000.00), the
assessment may be paid in installments over a period not to exceed five (5) years.
2) Whenever the special assessment imposed under this Chapter is Four Thousand Dollars
($4,000.00) or more, the assessment may be paid in installments over a period not to
exceed ten (10) years.
b) Installment Billings and Collection.
1) Where a property owner elects installment treatment for the special assessment as
provided in this Chapter, the first installment shall include a proportionate amount of the
principal of the special assessment determined by the number of installments, together
with interest for the period of one (1) year computed from the date of the imposition of
the special assessment, and each subsequent installment shall include a like proportion of
the principal and one (1) year’s interest upon the unpaid principal portion of the
assessment.
2) The interest rate on the unpaid. principal of the special assessment shall be subject to
amendment by the Town.
3) Installments shall be entered on the tax roll, paid and collected in the manner set forth in
c) Limitations on Installments.
1) Where the special assessment to be imposed under this Chapter is less than Five Hundred
Dollars ($500.00), the assessment shall be paid in a lump sum prior to connection of the
property to the sewer system and the property owner shall have no right to elect
installment treatment for the assessment.
2) The Town may deny the property owner’s request for installment treatment of the special
assessment if the Town, as determined by the Town Board, has insufficient funds
available to finance the special assessment. Nothing in this Chapter shall be construed as
requiring the Town to borrow any funds for the purpose of financing individual,
connections to the sewer system.
SEC. 9-2-5
CONNECTION REQUIREMENTS AND PROCEDURES.
a) Rules. The rules, regulations and sewer rates of the Town set forth in this Chapter or in the
minutes of the meetings of the Town Board shall be considered a part of the contract with
every person who is connected with the sewer system to the Town and every such person, by
connecting with the sewer system, shall be considered as expressing his or their assent to be
bound thereby. The Board reserves the right to change the rules, regulations and sewer rates
from time to time as they may deem advisable; and to make special rates and contracts in all
proper cases.
b) Indemnification of Town. All plumbers, pipe fitters or other persons permitted to do any
work in connection with the sewer system as set forth in this Chapter shall indemnify and
hold harmless the Town and the Town Board from all liability for accidents and damages
arising from any negligence or lack of skill in doing or protecting his work, or from any
unfaithful or inadequate work done in the pursuance of his license; and that he will restore
the street, sidewalk and pavement over any piping he lays, and seal all excavations to be
made by him so as to leave said street, sidewalk and pavement in as good a state and
condition as he found them, and will keep and maintain the same in good order to the
satisfaction of said Town Board and any other authority having jurisdiction; and that he will
pay all fines that may be imposed on him as set forth in Section 9-2-8, for a violation of any
rules and regulations adopted by the Town or the Town Board and in force during the terms
of said plumber’s license.
c) Permit Required. No person shall uncover, make any connections with or disturb any sewer
or appurtenance thereof without first obtaining a written permit in accordance with this
Chapter.
d) Inspection Required. All individual laterals and connections to the sanitary sewer must be
inspected by a plumbing inspector or some other person authorized by the Town before any
excavation is backfilled.
e) Separate Connections Required. A separate and independent sewer shall be provided for
every individual building. No user shall allow others or other services to connect to the sewer
system through his lateral. All cost and expense incident to the installation and connection of
the building sewer shall be born by the owner.
f) Material Standards. Building sewer size, gradient, installation and materials used shall be
in conformance with the relevant requirements of the Wisconsin Administrative Code set
forth in COMM 1-86, as amended. The foregoing notwithstanding, all lateral installations
shall utilize, as a minimum material standard, Schedule 40 gauge PVC pipe. Only approved
pipe materials and joints will be allowed. Existing building sewer materials will be allowed
for extension only if the material and joints meet existing requirements as determined by
inspection and testing. If non-acceptable material had been used in the past, the entire line
will have to be replaced with acceptable material. All sewers shall be tested in accordance
with the relevant Code requirements.
g) Excavations.
1) All excavations for building sewer installations shall be adequately guarded with
barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways
and other public property disturbed in the course of work shall be restored in a manner
satisfactory to the Town.
2) When excavating in streets or highways for laying service pipe or making repairs, the
surface material and earth removed must be deposited in a manner that will occasion the
least inconvenience to the public and provide for the passage of water into road ditches or
other drainage areas.
3) No person shall leave any excavation made in any street or highway open at any time
without barricades; and during the night, warning lights must be maintained at all
excavations.
4) When refilling the excavation after the service pipes are laid, the earth must be laid in
layers of not more than nine (9) inches in depth, and each layer thoroughly rammed or
puddled to prevent settling. All work, including replacement of sidewalks and paving,
must be done so as to make the street at least as good as before it was disturbed, and
satisfactory to the Town Board and any other authority having jurisdiction over the street.
h) Private System Abandonment. At the time of connection to the sewer system, any existing
septic tank, holding tank or seepage pit located on the premises shall be pumped, and the
contents disposed of in accordance with Ch. NR 113, Wis. Adm. Code, and after pumping,
shall either be removed and disposed of, or shall be abandoned in accordance with Ch. Comm
83, Wis. Adm. Code.
i) Service Pipe Responsibility. All sewer system users shall keep their own service pipes in
good repair and protected from frost at their own risk and expense; and shall prevent any
unnecessary waste of water and overburdening of the sewer system. All expenses relating to
the introduction of sewer into buildings or private premises, and connection with the sewer
system, shall be paid by the applicant. It is expressly stipulated that no claim shall be made
against said Town or Town Board by reason of the breaking, clogging, stoppage, backup, or
freezing of any service pipe.
j) Inspection Right. The inspector for the Town or any other person authorized by the Town
Board of the Town and bearing proof of such, shall be permitted to enter all properties for the
purpose of inspection, observation, measurement, sampling and testing in accordance with
the provisions of this Chapter. Residents of the Town must at all times, frankly and without
concealment, answer all questions put to them relevant to the sanitary sewer.
SEC. 9-2-6
SEWER SERVICE RATES.
a) Unit of Service.
1) Premises shall be classified as residential, apartments, commercial and industrial. A
residence shall be considered the basic unit of service for billing purposes. Individual
apartments within apartment buildings shall be classified as a single unit of service
separate and distinct from other users.
2) The costs of the Town’s administrative expenses, payments to the City of Fond du Lac
and any and all other liabilities of the Town related to individual sewer connections shall
be divided among the various units of service as determined by the Town Board.
b) Sewer Service Billing. Bills for sewer service and all other charges provided for in this
Chapter shall be billed, as a minimum, on a quarterly basis. Payment of bills shall be due
within thirty (30) days after the billing date, unless otherwise indicated on the billing
statement. All delinquent accounts shall be charged interest at the rate of one and one-half
percent (1-1/2%) per month on the unpaid balance, including interest. Such interest shall
accrue starting with the 31st day following the date of the bill.
c) Meter Requirement. All premises are required to install Town-furnished meters at their own
expense. The sewage disposal charge shall be based upon the amount of water used as
metered.
d) Responsibility for Payment.
1) The property owner is held primarily responsible for all sewer bills on premises that he or
she owns whether or not owner-occupied. In the case of rental properties, all delinquent
sewer bills and notices of any nature, relative to the sewer service, will be addressed to
the property owner in addition to the tenant. Change of ownership or occupancy of
premises delinquent under this Chapter shall not be cause for reduction or elimination of
charges due.
2) Every reasonable care will be exercised in the proper delivery of sewer bills. Failure to
receive a sewer bill, however, shall not relieve any person (whether property owner or
tenant) of the responsibility for payment of sewer charges within the prescribed period,
nor exempt any person from any penalty imposed for delinquency in the payment thereof.
SEC. 9-2-7
USE OF SEWERAGE SYSTEM.
a) Industrial Wastes.
1) Industrial wastes shall be metered, sampled and analyzed to assure compliance with the
City of Fond du Lac requirements for waste discharged to the treatment plant. If wastes
do not comply, pretreatment will be required to produce a waste acceptable to the City.
No explosive, toxic, poisonous or corrosive waste or any waste which may be detrimental
to personnel, sewer lines or equipment may be discharged to the sanitary sewer.
2) If a user of the sewerage system discharges any substance therein which is deemed by the
Town or City to be injurious to the operation of the sewerage system, such user shall be
required to discontinue the discharge of such substance in the sewerage system.
b) Prohibited Connections. No person shall connect any roof drain, cistern overflow, sump
pump, area drain, surface drain, cooling water line, or any other type of drain line which
would allow surface water, ground water, rain water, or any other type of unpolluted water to
enter the sanitary sewer. Existing prohibited clear water connections must be removed from
the building sewer before connection to the sanitary district sewer system.
c) Prohibited Discharges.
1) No person shall discharge or cause to be discharged to the sanitary sewer system, any
substance which is flammable or explosive, nor any waste which could be toxic or
poisonous to personnel or treatment processes. Waters with a pH lower than five and onehalf (5.5) or greater than nine and one-half (9.5), corrosive waste, waters with fats, wax
or grease in concentrations greater than one hundred (100) mg/l, and large substances
capable of plugging sewers shall be prohibited.
2) Wastewater discharges must in every respect comply with the requirements and
provisions of the City of Fond du Lac Sewer Ordinance.
d) Discharge Interceptors.
1) Grease, oil and sand interceptors shall be provided when in the opinion of the Town, they
are necessary for the proper handling of liquid wastes containing grease in excessive
amounts, or any flammable wastes, sands, and other harmful ingredients; except that such
interceptors shall not be required for private living quarters or dwelling units. All
interceptors shall be of the type and capacity approved by the Town and shall be located
as to be readily and easily accessible for cleaning and inspection.
2) Grease, oil and sand interceptors shall be constructed of impervious materials capable of
withstanding abrupt and extreme changes in temperature. They shall be of substantial
construction, watertight, and equipped with easily removable covers which when bolted
in place shall be gastight and watertight.
3) Where installed, all grease, oil, and sand interceptors shall be maintained by the owner, at
his expense, in continuously efficient operation at all times.
e) Disconnection of Service.
1) Whenever a building which is served by the system is partially or completely destroyed
by fire or other event which renders the building temporarily or permanently
uninhabitable, the owner of said building shall notify the Town Board, or its designated
representative, of such condition within three (3) days of the event. The service pipe
connecting the building to the system shall be capped and sealed so as to be watertight
within five (5) days of the event and shall remain capped until such time as the building
is repaired and reoccupied, at which time connection shall again be made to the system.
The foregoing notwithstanding, if the building is to be demolished, the service pipe shall
be capped and sealed so as to be watertight prior to the commencement of demolition.
The service pipe shall remain capped unless and until such time as a new building is
erected and occupied, at which time connection shall again be made to the system.
2) The above notice and capping requirements shall also apply in the event a building which
is served by the system is to be voluntarily demolished in order to erect a new building.
3) The owner of the building shall, upon initial notification to the Town Board or its
representative, also inform the District as to the date and time the service pipe shall be
capped. The capping of the line shall be inspected and approved by the District prior to
any covering of the service line or cap. The owner shall notify the Town Board or its
representative prior to any reconnection to the system. Reconnection shall be in
accordance with the provisions of this Chapter and shall be subject to the procedures and
inspections applicable to new connections.
SEC. 9-2-8
MISCELLANEOUS RULES AND REGULATIONS.
a) Lien for User Charges. Sewer user charges are a lien on property. Sewer service charges,
quarterly service charges, standby charges, or any other form of charge imposed by the
Commissioners shall be collected and taxed and shall be a lien upon the property served in
the same manner as prescribed and in accordance with the provisions of Sec. 66.0809, Wis.
Stats., as amended. The provisions of said Sec. 66.0906, Wis. Stats., are incorporated by
reference and shall apply as if fully set forth herein.
b) Maintenance Responsibility.
1) All sewer services from the point of connection to the system to and throughout the
premises must be maintained free of defective conditions, by and at the expense of the
owner or occupant of the property. If the property owner does not repair, within twentyfour (24) hours, any break between the property line and the building, the service may be
repaired by the Town and back charged to the property owner.
2) The Town shall have the right of recovery from all persons, any expense incurred by the
Town for the repair or replacement of any sewer pipe damaged in any manner by any
person by the performance of any work under their control, or by anynegligent act. No
person shall maliciously, willfully, or negligently break, damage, destroy, uncover,
deface or tamper with any structure, appurtenance, or equipment which is a part of the
sewerage works.
c) Code Violations. Any person who shall violate any of the provisions of this Chapter or rules
or regulations of the Town or who shall connect a service pipe without first having obtained a
permit therefore; or who shall violate any provisions of the Wisconsin Statutes, Wisconsin
Administrative Code or any other materials which are incorporated by reference, shall upon
conviction thereof be fined not less than Twenty-five Dollars ($25.00) nor more than Two
Hundred Dollars ($200.00) and costs of prosecution. Each day during which the violation
occurs shall be deemed a separate offense.
d) State Law Adopted. There is hereby adopted all the rules and regulations of the State
Plumbing and State Building Codes and the building rules of the State Department of
Commerce insofar as the same are applicable to the Town.
SEC. 9-2-9
RIGHTS OF PROPERTY OWNERS.
Nothing in this Chapter shall not be construed as creating a vested right in any property owner to
connect to the sewer system. All individual connections shall be subject to such awards, orders
and judgments as have been or may be rendered through or as a result of the arbitration and
judicial processes between the Town and the City of Fond du Lac.
CHAPTER 3
Town Water Supply Protection
9-3-1
9-3-2
9-3-3
9-3-4
9-3-5
9-3-6
9-3-7
9-3-8
9-3-9
9-3-10
Purpose; Applicability
Definitions
Notice Requirements
Filing of Reports
Costs Incident to Well Construction
Groundwater Protection Fund
Emergency Water Provisions
Nonexclusivity
Enforcement
Interpretation
SEC. 9-3-1
PURPOSE; APPLICABILITY.
This Chapter shall regulate test wells or permanent wells within the Town intended to be used as
part of a community water system, a municipal water system, or a high capacity water system as
the same are defined herein. The purpose of this Chapter is to (a) provide advance notice of the
installation or construction of a test well or permanent well for the previously described systems
and (b) to provide security to protect Town residents and property owners against injury caused
by the installation or operation of a test well or permanent well as defined herein.
SEC. 9-3-2
DEFINITIONS
a) Adequate Water Supply. A water supply which has a yield, where obtainable, and the
pump capacity to provide the quantity of water which is reasonably necessary to maintain use
for drinking, culinary, personal hygiene, and other purposes for which the water is reasonably
intended to be used. This Chapter is intended to protect the existing water supply of Town
residents.
b) Community Water System. As defined by NR 811.02(9) of the Wisconsin Administrative
Code which is incorporated herein as if fully set forth.
c) Contaminant. Any matter which may render water bacteriologically or chemically impure or
turbid so as to make it unfit for human consumption.
d) Distribution System. All pipes or conduits by which water is delivered to consumers or
municipalities located outside the Town boundaries, except piping inside buildings served
and service pipes from a building to a distribution main or pipe.
e) Drawdown. The extent of lowering the water level when water is pumped or flows from a
private well.
f) Groundwater. Subsurface water which is within the zone of saturation, including but not
limited to, perched water tables, shallow regional groundwater tables and aquifers or zones
that are seasonally, periodically or permanently saturated.
g) Groundwater Source. All groundwater obtained from horizontal collectors, infiltration
lines, springs and dug, drilled or other types of test wells or permanent wells.
h) High Capacity Water Supply or System. As defined by NR 812.07(53), Wis. Adm. Code,
which is incorporated herein as if fully set forth.
i) Living Unit. A domicile located within the Town’s boundaries.
j) Municipality. Any City, Town, Village, County, County Utility District, Town Sanitary
District, Town Utility District, School District or Metropolitan Sewage District or any other
public entity created under Wisconsin law and having authority to collect, obtain, store, treat
or convey water for domestic, commercial or industrial use.
k) Municipal Water System. As defined by NR 811.02(20), Wis. Adm. Code, which is
incorporated herein as if fully set forth.
l) Person. An individual, corporation, company, association, cooperative, trust, institution,
partnership, state, municipality, or federal agency.
m) Private Water Supply. One (1) or more sources of groundwater, including facilities for
storage and conveyance of groundwater, such as wells, springs, pumps, pressure tanks and
reservoirs, on one (1) property, other than those serving a public water system.
n) Public Water System. As defined by NR 811.02 (25), Wis. Adm. Code, which is
incorporated herein as if fully set forth.
o) Specific Capacity. The continuance yield of a well at a given well water or pressure
drawdown expressed in gallons per minute, per foot of drawdown.
p) Supplier of Water. Any person who owns or operates a public water system.
q) Utility. A public utility as defined in Chapter 196, Wis. Stats., and as the same may be
modified or amended.
r) Waterworks or Water System. Any facility installed or constructed to obtain, store, treat or
convey water for drinking or domestic, commercial or industrial use for a public water
system.
s) Well. An excavation or opening into the ground made by digging, boring, drilling, driving or
other methods for the purpose of obtaining groundwater or for monitoring groundwater
movement. This definition applies to all wells, whether for test purposes or for permanent
use.
t) Well Driller. Any person, firm or corporation, whether private or public, employed in
obtaining groundwater from a well by digging, boring, drilling, driving or other methods for
the purpose of obtaining groundwater.
u) Yield. The quantity of water which may flow or be pumped from the well per unit of time.
SEC. 9-3-3
NOTICE REQUIREMENTS.
a) No test well or permanent well shall be constructed in the Town if such well is intended as
part of a community water system, a municipal water system, a public water system, or a
high capacity water system, unless written notice of such well and its intended use is given to
the Town:
1) Within ten (10) days of the submission of preliminary plans and specifications to the
Wisconsin Department of Natural Resources under NR 108.04; or
2) Thirty (30) days prior to the commencement of any test or permanent well construction;
whichever is earlier. Said notice shall be provided to the Town Clerk and shall contain
the following information:
a. The name of the supplier of water and/or owner of the well;
b. The type of water system for which the well will be used;
c. The location of the well and the name of the owner of the site location;
d. The description and location of the distribution system for the water system,
identifying
affected roads, rights-of-way, and easements to be utilized in
transporting the water to its ultimate user;
e. The name and address of the well driller;
f. Identification of all existing wells located in the Town, whether public, private,
municipal, community and/or high capacity, within a two (2) mile radius of the well
site;
g. The estimated specific capacity of the well, whether a test or permanent well;
h. The estimated yield of the test and/or permanent well(s), utilizing calculations based
on per minute yields, per day yields, and annual yields;
i. The groundwater source to be utilized by the well;
j. The estimated time for completion of the permanent water supply and distribution
systems;
k. The estimated useful life of the well and water system;
l. The contact person having authority to respond to inquiries regarding the application.
b) Any information identified above which is not available at the time of the required
submission of the Notice shall be supplied immediately as the same becomes available or
determinable. The Notice required by this Section shall be in addition to any and all reports,
applications and/or Notices required elsewhere in any Town ordinance applicable to wells or
the location of wells. The applicant shall be responsible for supplementing or updating the
submitted application as new information is obtained or as circumstances change.
SEC. 9-3-4
FILING OF REPORTS.
If the water system proposed or under construction is a reviewable project under Chapter NR
108(2), Wis. Adm. Code, copies of any and all reports required to be filed with the Wisconsin
Department of Natural Resources shall be filed simultaneously with the Town Clerk.
SEC. 9-3-5
COSTS INCIDENT TO WELL CONSTRUCTION.
a) The provisions of this and any other Town ordinance notwithstanding, each well owner and
supplier of water subject to this Chapter shall be solely responsible for all costs of repairs to
roads, public rights-of-ways, topography or other surfaces or locations damaged or disturbed
in any manner due to the construction of any well and/or water distribution system servicing
a community water system, municipal water system, public water system and/or high
capacity water system. The plans and specifications for all water distribution systems located
within the Town shall be filed with the Town Clerk sixty (60) days prior to commencement
of construction of any such distribution system or portion thereof. The information to be
submitted shall include specification of the size, type and exact location the distribution
system and its appurtenances and shall indicate whether such is to be located within private
or public lands and shall indicate the owners of all lands upon which the system shall be
located. The well owner and water supplier shall be solely responsible for obtaining the
necessary easements, public or private, for location of the well and distribution system and
for conformance to all Town, State and Federal requirements governing the same. The Town
Board may limit and/or regulate the location of wells and distribution systems in
conformance with applicable zoning ordinances and uses allowed in accordance therewith.
b) The plans and specifications for all water distribution systems described in Subsection (a)
above shall be accompanied by an application and inspection fee of Two Hundred Dollars
($200.00) and a performance bond in an amount which the Town Board determines to be
reasonably necessary to secure the proper performance and completion of the construction of
the relevant water distribution systems located within the Town. Said bond shall be
determined in light of the nature of the improvements and the contents of the plans and
specifications filed with the Town Clerk as set forth in Subsection (a) above. Performance
bonds used in conjunction with the applicant’s well construction project are sufficient to
meet the requirements of this Section provided the bonds designate the Town as an additional
insured or beneficiary.
c) In addition to all other requirements set forth herein, the permit applicant shall perform, at its
cost, static and pumping operating levels for all wells of whatever depth within a two (2)
mile radius. Thereafter, the well permittee shall perform follow-up well surveys within the
same areas at two (2) year intervals. The follow-up surveys shall be performed during the
same month or season as the initial well surveys in order to maintain comparability in the
data. The Town shall assist the permit applicant or permittee by providing a letter addressed
to the relevant Town residents requesting cooperation in the well surveys.
d) Any water system other than a system administered by the Town of Fond du Lac may not sell
water to any private residents, businesses or corporations located in the Town of Fond du
Lac.
SEC. 9-3-6
GROUNDWATER PROTECTION FUND.
a) The existence of wells servicing community water systems, municipal water systems, public
water systems and/or high capacity water systems in the Town may have future adverse
effects on the groundwater and groundwater sources utilized by Town residents. Protection
of groundwater and groundwater sources is necessary for the maintenance of the health,
welfare and economic well-being of the Town and its residents. There presently exists the
scientific knowledge and expertise necessary to reasonably determine the effect of such wells
on prior, existing, normal capacity private wells and the groundwater sources for such private
wells. To protect Town property owners from adverse effects of the existence and location of
community, public, municipal and/or high capacity wells in the Town, and to provide for
reasonable compensation for any losses which may be incurred thereby, there is hereby
established a Groundwater Protection Fund, to be administered as set forth herein.
b) A special permit shall be required prior to the installation and operation of all permanent
wells servicing community, municipal, public and/or high capacity water systems located
within the Town. An applicant for a special permit shall submit his or her request on forms to
be supplied by the Town Clerk. The Town shall act on the permit application within fortyfive (45) days of receipt.
c) There shall be imposed upon all new permanent wells servicing community, municipal,
public and/or high capacity water systems an initial special permit fee payable to the Town
prior to the installation of said permanent well in an amount of Twenty-five Thousand
Dollars ($25,000). Furthermore, there shall be imposed upon all new permanent wells
servicing community, municipal, public and/or high capacity water systems an annual
operation fee payable to the Town no later than February 1 of the year following each year,
or fraction thereof, such a well is operating in the Town in an amount of One Thousand
Dollars ($1,000). The special permit fee and the annual operation fee shall be escrowed
pursuant to the terms of Subsection (d) below.
d) The initial special permit fees and the annual operation fees shall be deposited into a separate
interest-bearing insured account(s) denominated “Groundwater Protection Fund Well No.
______.“ The account(s) may be in the name of and controlled by the permittee, provided no
withdrawals occur except as authorized by mutual agreement between the Town Board and
the permittee or by direction of the Arbitration Panel as provided herein. The annual
operation fee of One Thousand Dollars ($1,000) per well shall continue to be paid until the
account balance, including accumulated interest thereon, reaches a balance of Fifty Thousand
Dollars ($50,000). The permittee shall be entitled to the interest earned on the account after
the Fifty Thousand Dollar ($50,000) balance has been met. In the event the account balance
falls below Fifty Thousand Dollars ($50,000), the annual operation fee shall resume and
earned interest shall be retained until such time as the Fifty Thousand Dollar ($50,000)
balance has been restored. The Groundwater Protection Funds shall be administered as
follows:
1) Disbursements to be made from the Groundwater Protection Fund to private well owners
who incur damages or expenses as a result of any adverse effect(s) created by wells
subject to the jurisdiction of this Chapter. Such damages or expenses shall include, but
are not limited to, the following:
a. Contamination of private water supply;
b. Depletion of groundwater sources resulting in the drawdown of private wells;
c. Depletion of groundwater sources resulting in a significant lowering of well water
level in private wells;
d. Such other and similar expenses or damages reasonably shown to have been caused
by wells regulated under this Chapter.
2) Any damages or expenses found to be compensable under “A” above which occur within
a two (2) mile radius of any wells subject to this Chapter shall be presumed to have been
caused by the operation of the community, public, municipal and/or high capacity well.
Damages or expenses incurred by private well owners outside the two (2) mile radius
area may be compensable under this Section if sufficient evidence is presented to
reasonably establish a causal connection between the damage or expense and the
community, municipal, public and/or high capacity well. The presumptions set forth
above may be rebutted by clear and satisfactory evidence presented by hearing before the
Arbitration Panel described below.
3) Distributions from the Groundwater Protection Fund shall be made upon submission by
the private well owner of evidence of damages or expenses incurred, or to be incurred.
The private well owner’s submission shall include two (2) bids identifying the work
required and the cost thereof. Compensable expenses shall be limited to the following:
a. Obtaining an alternate water supply for a maximum period of one (1) year after the
date of the written request for a distribution from the Groundwater Protection Fund,
or until a replacement water supply has been obtained.
b. A replacement water supply.
c. Equipment used for treating the contaminated private water supply only if it is not
feasible to remedy the contamination with a replacement water supply.
d. Other costs as deemed necessary by the Town Board to accomplish the purposes of
this Chapter.
4) Distributions from the Groundwater Protection Fund shall not be made for the following
ineligible costs:
a. The replacement of a sand point well with a drilled well unless:
1) The Town Board determines that replacement with another sand point well is
not feasible;
2) The Town Board determines that the claimant had no knowledge or reason to
believe the sand point well would become contaminated at the time it was
constructed; and
3) The well serves a principal residence.
b. Any costs incurred prior to the date of this Chapter.
c. A replacement well greater than seven (7) inches in diameter.
d. A replacement well screen greater than ten (10) feet in length.
e. Any consulting or cost estimate fees.
f. Any state, county or local permit fees.
g. Relocation, replacement or abandonment of sewer piping, buried gasoline or fuel oil
tanks, or similar items.
h. Mileage, phone, postage, and other miscellaneous costs incurred by the claimant.
i. Any other well construction costs which exceed the dollar limits set forth in Ch. NR
123(21)(3), Wis. Adm. Code.
5) Within ten (10) days of receipt of a private well owner’s claim, but in no event prior to
approval or disapproval of said claim, the Town shall notify the relevant permittee by
certified mail of the filing of a compensation claim. The notice to the permittee shall
include all supporting documentation filed by the private well compensation claimant.
The permittee shall have fourteen (14) days to object to the compensation claim filed
with the Town. All objections shall be in writing setting forth the grounds thereto with
specificity. Upon receipt of a timely objection, the Town, the permittee and the claimant
shall attempt to resolve the dispute on a voluntary basis. If the parties are unable to
resolve the dispute within thirty (30) days, the matter shall be submitted to a third person
Arbitration Panel for resolution as follows:
a. The Town and the permittee shall each designate a representative to serve on the
Panel. The two (2) designated representatives shall name a third Panel member. If the
two (2) designated representatives are unable to agree on a third Panel member, they
shall contact the Department of Natural Resources for a list of five (5) qualified
individuals. Names shall be stricken from the list on an alternate basis in order to
arrive at the third Panel member.
b. The Arbitration Panel shall meet within thirty (30) days for the purpose of resolving
the compensation claim dispute. The meetings shall be informal and shall not be
subject to the procedural requirements set forth in Chapter 68, Wis. Stats.
Notwithstanding the informal nature of the hearings, all parties shall be given the
opportunity to present evidence in support of their positions.
c. The Arbitration Panel shall rule on the compensation claim within thirty (30) days of
the close of the meeting described in Subsection (5)b, above. In making its
determination, the Arbitration Panel shall consider the evidence and argument of the
parties consistent with the remedial purposes of this Chapter.
d. The award of the Arbitration Panel shall be final and binding. The successful party
may petition Fond du Lac County Circuit Court for Judgment affirming the award
pursuant to the provisions of Chapter 788, Wis. Stats.
e. The permittee shall be responsible for the costs of the arbitration proceedings unless it
is the prevailing party, in which event, it shall be reimbursed by the relevant
Groundwater Protection Fund for the fees and disbursements of the third Arbitrator.
6) Distributions from the Groundwater Protection Fund shall be in addition to and not in lieu
of, other compensations which may be available to a private well owner, but in no case
shall distributions be made other than for actual damages and/or expenses for which
compensation or reimbursement has not been received from another source.
7) Nothing in this Chapter or the Groundwater Protection Fund created hereunder shall be
deemed to be a property right of a property well owner. Distributions from the
Groundwater Protection Fund are qualified by and limited to available monies. Nothing
contained herein shall obligate the Town to maintain a fund in amounts sufficient to
compensate private well owners.
SEC. 9-3-7
EMERGENCY WATER PROVISIONS.
The Town Board shall have authority under this Chapter to require a permittee to provide
emergency water supplies to Town residents, including farms for livestock use, in all cases
where it is reasonably determined by the Town Board that the operation of the community,
municipal, public and/or high capacity water system has depleted, contaminated, or has
otherwise caused the loss of an adequate water supply. The exercise of the emergency powers
herein are in addition to all other powers granted to the Town Board under this Chapter or as
authorized by law.
SEC. 9-3-8
NONEXCLUSIVITY.
a) Adoption of this Chapter does not preclude the Town Board from adopting any other
ordinance or providing for the enforcement of any other law or ordinance relating to the same
or other matters. The jurisdiction and duties defined herein shall not preclude the Town
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.
b) This Chapter is to operate in conjunction with the previously adopted Town Zoning
Ordinance applicable to Exclusive Agricultural District Zoning.
SEC. 9-3-9
ENFORCEMENT.
The Town Board shall have the authority to institute the appropriate action or proceedings to
prevent, restrain, correct or abate a violation of this Chapter. Enforcement remedies created by
this Chapter are cumulative and shall be in addition to all other remedies available under law.
Any person who violates any provision of this Chapter or any order, rule, or regulations
promulgated shall, upon conviction, be fined not less than One Hundred Dollars ($100.00) nor
more than One Thousand Dollars ($1,000), for each offense, together with the costs of
prosecution. Each day that a violation continues shall be considered a separate offense.
SEC. 9-3-10 INTERPRETATION.
The provisions of this Chapter shall be considered minimum requirements. Where the provisions
of this Chapter impose greater restrictions than any statute, other regulation, ordinance, or
covenant, the provisions of this Chapter shall prevail. Where the provisions of any statute, other
regulation, ordinance or covenant impose greater restrictions than the provisions of this Chapter,
the provisions of such statute, other regulation, ordinance or covenant shall prevail.
CHAPTER 4
Connections To and Use of Town Municipal Water
Distribution System
9-4-1
9-4-2
9-4-3
9-4-4
9-4-5
9-4-6
9-4-7
9-4-8
9-4-9
9-4-10
9-4-11
9-4-12
9-4-13
9-4-14
9-4-15
9-4-16
9-4-17
9-4-18
Authority
Definitions
Other Applicable Regulations
Permit Requirements
Individual Water Service and Building Lateral Installations
Future Water Main Extensions
Hydrants
Billing for Water Usage
Vacated Buildings
Repairs to Water Mains
Mandatory Connection
Cross-Connections
Abandonment of Private Wells
Authority of Inspectors
Water Service Area
Interpretation
SEC. 9-4-1
AUTHORITY.
This Chapter is enacted pursuant to authority granted under Chapter 60, Wis. Stats., and
authority granted pursuant to the police powers of the Town.
SEC. 9-4-2
PURPOSE AND APPLICABILITY.
a) Purpose. The purpose of this Chapter is to regulate the use of the Town’s municipal water
distribution system (“the Water System”); to ensure that all connections made to the Water
System are made in a safe and orderly manner and in compliance with all applicable
ordinances and regulations of other municipalities having authority or jurisdiction over such
connections; and to protect and promote the health, safety and welfare of Town residents and
Town property owners.
b) Applicability. This Chapter applies to all connections and proposed connections to the
Town’s Water System and to all persons making or requesting such connections.
SEC. 9-4-3
DEFINITIONS.
As used in this Chapter:
a) Building Lateral. A privately-owned water lateral connected to the Water system main at
the curb stop and extended to a building connected to the Water System.
b) Individual Water Service. The tap-in to the Water System main, the shut-off box and curb
stop, installed from the main to the curb (or to the property line).
c) Water System. The municipal water distribution system consisting of water mains, hydrants,
valves and related appurtenances, up to and including the curb stop, constructed and owned
by the Town of Fond du Lac, and connected to the water system owned by the Village of
North Fond du Lac (“the Village”) for the purpose of providing municipal water service to
certain areas of the Town of Fond du Lac. The Water System is owned and operated by the
Town. Individual customers connected to the Water System are treated as direct retail
customers of the Village.
d) PSC. All references to the “PSC” mean the Public Service Commission of Wisconsin.
SEC. 9-4-4
OTHER APPLICABLE REGULATIONS.
In addition to the provisions of this Chapter, all connections made or proposed to be made to
the Water System, and all persons making or requesting such connections, shall be subject to
all applicable provisions of:
a) Other Town Ordinances, rules and policies;
b) The Village of North Fond du Lac Municipal Code, including all regulations and policies
governing the Village Water Utility; and
c) All applicable State of Wisconsin and PSC statutes, codes and rules.
SEC. 9-4-5
PERMIT REQUIREMENTS.
a) Permit Required. No connection may be made to the Water System without first obtaining
connection permits from both the Town and the Village. The Town Board may establish a fee
for the connection permit and may adjust the fee from time to time in its sole discretion. The
fee for the Town connection permit is separate from and in addition to the Water System
special assessment levied against all properties connecting to the Water System and is also
separate from and in addition to any applicable Town or Village connection, meter, tap-in,
inspection, or water usage fees.
b) Application For Permit. Permit applications shall be obtained from and shall be filed with
the Town Permit Issuer not less than forty-five (45) days prior to the proposed connection
date. A single permit application shall be submitted for both Town and Village permits.
Within thirty (30) days of receipt of the application, the Town will notify the applicant of the
amount of all applicable Town and Village Fees. Both Town and Village fees will be
collected by the Town. The Town will remit the Village fees directly to the Village on behalf
of the applicant. By submitting an application for a connection permit, the applicant agrees to
be bound by and comply with the provisions of this Chapter and of all other applicable
statutes, rules, codes and regulations, including the rules, regulations and codes of the
Village. At a minimum, the permit application shall contain the following:
1) Name, address and telephone number of the applicant;
2) Address of requested connection;
3) Name, address and telephone number of landowner, if different from the applicant;
4) Identification of type of building to be connected (e.g., private residence, restaurant, retail
establishment, grocery store, etc.);
5) Date connection is proposed to be made;
6) Name, address, telephone number and license number of plumber who will be making the
connection;
7) The name, address and telephone number of the contractor who will be installing the
individual water service required] and the building lateral;
8) A site plan showing both water and sanitary sewer building laterals and material
specifications for the installation of the laterals must be attached;
9) If the connection is for a residential building, the number of residential units;
10)The connection is for a commercial building, such other information as may be set forth
in the permit application.
c) Permit Standards. A Town connection permit will be granted only if the following
conditions are met:
1) The location of the proposed connection is within an area designated as either a Town
Growth Area or a Town Planning Area as defined under any Intergovernmental
Agreements entered into between the Town, the Village, and the City of Fond du Lac;
2) The special assessment attributable to the proposed connection has been levied pursuant
to the Town’s Ordinance Providing For Levying Of Special Assessments For Town
Water Distribution System, and the assessment has been paid in full ($780.00) or less], or
the property owner has notified the Town of his/her intention to pay the assessment in
installments, than Seven Hundred Eighty Dollars ($780.00)].
3) The Town’s consulting engineers or the Village Water Utility have approved the
individual water service plans (where the individual water service is to be installed by the
applicant’s contractor) and the building lateral plans;
4) Provision of water service will not violate the terms of the Intergovernmental Agreement
Between the Village and the Town to Provide Municipal Water Service To Portions of
the Town, dated June 9, 1997;
5) The Village has approved the application and has indicated that it will issue a Village
permit for the premises;
6) All applicable Town and Village permit and connection fees have been paid; and
7) No conditions described in Subsection (d) regarding refusal of service exist.
d) Denial of Application for Service. In addition to any and all other conditions set forth in
this Chapter under which service may be refused, an application for service may be demed
and a request for service refused under the following conditions:
1) To the extent permitted by the rules of the PSC, the failure to pay a delinquent Village
Water Utility account or failure to comply with the terms of deferred payment agreement
entered into with the Village;
2) Failure to pay an outstanding account balance with the Village Water Utility owing at a
previous address for which there is no agreement or arrangement for payment and the
account is not in dispute but remains outstanding;
3) Failure to comply with deposit or guarantee arrangements authorized as a condition to
service under applicable Wisconsin Public Service Commission codes and regulations;
4) Failure to comply with the terms of any applicable Town or Village ordinance or code, or
with applicable Wisconsin statutes or the rules or orders of the PSC;
5) Failure to provide any information required in the Application For Service;
6) Failure to provide credit information necessary to evaluate the need for a deposit or
deferred payment agreement;
7) Any other conditions for refusal of service permitted or mandated under the rules of the
PSC.
SEC. 9-4-6
INDIVIDUAL WATER SERVICE AND BUILDING LATERAL
INSTALLATIONS.
a) Responsibility for Construction. No individual water service or building lateral may be
installed, or construction thereof commenced, before issuance of a connection permit by the
Town. All installations and connections must be inspected by an authorized representative of
the Town or by the Village Water Utility. Building services shall be constructed as follows:
1) If the required building lateral size is larger than one (1) inch, the property owner is
responsible for installation of the individual water service at his sole cost.
2) If the required lateral size is one (1) inch or smaller, the individual water service may be
installed by the Village or by the property owner. If the property owners prefer to have
the Village install the individual water service, the property owner shall be responsible
for making the necessary arrangements for installation with the Village and will be
responsible for the Village’s applicable installation, meter and tap-in fees in accordance
with Village codes, rules and regulations.
3) The property owner is solely responsible for the cost of installation of the building lateral,
including costs of inspection and any related Town or Village costs.
b) Construction Standards. The following construction standards shall apply to all ownerinstalled individual water services and to all building laterals:
1) All laterals shall utilize materials and installation specifications meeting the then-current
requirements of applicable State of Wisconsin Codes. Only the following types of
materials may be used for building laterals: ductile iron, PVC; PE; or Type K copper.
2) Where multiple meters will be installed in a building served by a single building lateral,
neither the branch service connection nor piping between branch connections and meters
may be covered or buried, but must be accessible and available for inspection at all times.
Each branch service connection must be supplied with a shut-off valve located prior to
the meter installation point. If the required shut-off valve is not installed, the entire
building will be treated as a single customer for purposes of water usage billing by the
Village;
3) All meters shall be located a minimum of three (3) feet off of the surface of the floor and
a minimum of one (1) foot away from all walls and shall be kept free and clear of any
obstructions that would interfere with or hamper meter readings, tests, repair or
replacement;
4) All individual water services and building laterals shall be constructed in accordance with
the provisions of this Chapter and all applicable Village, State of Wisconsin and PSC
statutes, codes and regulations.
c) Inspection. All individual water services and all building laterals installed by the property
owner shall be inspected by an authorized representative of the Town or by the Village water
utility before any excavation is backfilled. All costs of inspection shall be borne by the
property owner. The property owner shall notify the Town or the Village water utility at least
three (3) working days prior to beginning excavation.
d) Excavations. All excavations in streets or highways for installation of individual water
services or laying building laterals or making repairs shall be done in a good and
workmanlike manner and in a manner that causes the least inconvenience to the public. All
road materials and earth removed must be deposited in a manner that will occasion the least
inconvenience to the public and that will permit free flow of water in any abutting ditches.
The work zone shall be signed in accordance with the Manual On Uniform Traffic Control
Devices (MUTCC). All excavations shall be barricaded and warning lights shall be
maintained during non-daylight hours. In refilling the opening after the service pipes are laid,
the earth must be laid in layers of not more than nine (9) inches in depth, and each layer
mechanically compacted to prevent settling. All work, including replacement of sidewalks,
ballast and paving, must be done so as to make the street as good, at least, as before it was
disturbed, and satisfactory to the Town or other authority having jurisdiction over the area.
Streets, sidewalks, parkways and other public property disturbed in the course of work shall
be restored in a manner satisfactory to the Town or to any other authority having jurisdiction
over the area. The property owner is solely responsible for obtaining all necessary State,
County, Town or Village permits required for work to be done within the roadway or road
rights-of-way.
e) Maintenance of Building Laterals. The property owner is solely responsible for
maintenance of the building lateral from the point of use in the building up to and including
the connection to the curb stop. The Town is responsible for maintenance of the pipe from
the water main up to and including the curb stop. The Village may require that the Town turn
off the water if the property owner fails to repair a leaking or broken lateral from the curb
stop to the point of metering or use within a reasonable period of time. The Village may bill
property owners for water that is wasted by defective pipes and fixtures, regardless of
whether the water has passed through the meter. Neither the Town, the Vil1a~e, nor their
respective governing bodies, agents or employees shall be responsible for any damage to
person or property resulting from by the breaking, clogging, stoppage, backup, or freezing of
any building lateral.
f) Meters Required. All connection to and all use of water from the Water System shall be
metered. Meters shall be owned by, obtained from and installed, maintained, repaired and
replaced by the Village. Unless specifically authorized by the Town or the Village water
superintendent, no water service will be turned on until a meter is installed. Only a
representative of the Town, or a Village Water Utility employee, may turn on the water
service to a building. When buildings serviced by a meter provided by Town Sanitary
District No. 3 or used in conjunction with Sanitary District sewage service connect to the
Water System, the meter shall be replaced with a meter provided by the Village.
Replacement of existing Sanitary District meters with Village-supplied meters is required in
order to permit meter readings by the Village for water billing purposes. Water meter
readings will also be used for purposes of sewer user billings by the Sanitary District. No
person shall tamper with, replace or disconnect the water meter. All provisions of the Village
Water Utility Code and PSC regulations shall apply to and govern meter installations,
maintenance, testing and service.
SEC. 9-4-7
FUTURE WATER MAIN EXTENSIONS.
This Section applies to all future connections which require construction of additional water
mains to connect to the Water System. If the Town, in its sole discretion, agrees to undertake
and finance the costs of extension of additional water mains, the project will be considered a
Town Project. All other projects are deemed to be Private Projects. No Private Project may be
undertaken without the prior express, written approval of the Town. In addition to all other
applicable statutory, code or ordinance requirements, any property owner or developer
requesting an extension of the public water main, or approval of a Private Project for
construction of additional mains to connect to the Water System, shall comply with the
following requirements:
a) The party requesting the extension, whether as a Town Project or as a Private Project, must
submit to the Town an approved final plat or certified survey map specifically identifying all
lands to be serviced by the requested extension, specific information regarding the proposed
use of the lands to be serviced, and a certification from the appropriate town and county
zoning officials that the land is zoned for the proposed use, prior to the design and
construction of the extension.
b) The party requesting the extension, whether as a Town Project or as a Private Project, shall
submit to the Town information identifying the total projected water consumption for the
area proposed to be served by the extension.
c) The Town shall, in its sole discretion, designate the engineering consultant who will design
any and all Private Projects. All plans and specifications for a Private Project must be
reviewed and approved by all applicable reviewing authorities, including the Town and the
Village, prior to commencement of construction. The Town’s engineering consultant shall
perform construction inspection and construction contract administration for all Private
Projects.
d) For Private Projects, all costs related to the design, construction, approval for construction of
and acceptance by the Town of the completed water main extension, including but not
limited to, engineering, accounting, legal and inspection fees, shall be borne by the party
requesting the extension. The party requesting approval for a Private Project shall establish a
funded escrow account, or other security mechanism approved by the Town, in an amount
equal to one hundred twenty-five percent (125%) of the estimated amount of the total cost of
the extension. The Town, in its sole discretion, shall determine the amount to be escrowed or
otherwise secured. The escrow account or other security established shall permit the Town to
withdraw funds to pay for the costs of completion of the Private Project, at such times as the
Town deems necessary and appropriate.
e) The party requesting approval for a Private Project shall be solely responsible for securing all
required utility easements. All easements shall be recorded and in a form approved by the
Town prior to recording of the easement.
f) In addition to any project costs related to the new extension that may be assessed, all
connections (or potential connections such as lots in a new subdivision) to the Water System
through connection of the new extension to the Water System shall be subject to a special
assessment for use of the Water System in accordance with the terms of the Town’s
Ordinance Providing For Levying Of Special Assessments For Town Water Distribution
System.
g) No extensions will be permitted if the area to be serviced by the extension is located outside
of a Town Growth Area or Town Planning Area, or if the water usage projected for the area
serviced by the extension would cause the Town to exceed the permitted total Town water
usage as set forth in the Intergovernmental Agreement Between the Village and the Town to
Provide Municipal Water Service To Portions of the Town, dated June 9, 1997, or if any of
the conditions identified in Section 16 exist.
SEC. 9-4-8
HYDRANTS.
a) Use of Hydrants. No person shall use or open any fire hydrant without the express
authorization of the Town, the Town or Village Fire Departments, or the Village Water
Utility superintendent. Authorization for private use of hydrants shall be at the sole discretion
of the Town and Village. Any authorized or unauthorized use of water from hydrants shall be
subject to billing for water usage in accordance with the applicable, established Village water
rates.
b) Damage to Hydrants. Any person defacing or damaging any hydrant, by motor vehicle or
otherwise, shall be responsible for the cost of repair of the hydrant. The Town shall not be
responsible for damage to any person or personal property resulting from damage to the
hydrant caused by a third (3rd) party.
c) Damage Resulting From Unauthorized or Improper Use of Hydrants. Any person who:
1) opens or uses any fire hydrant without prior, express authorization; or
2) is authorized to open or use a fire hydrant, and negligently or improperly opens, uses or
closes a fire hydrant,
shall be solely responsible for any and all damages incurred by the Town, the Village or to the
Town Water system, or incurred by third parties or to third parties’ property, as a result of the
unauthorized or improper use of the fire hydrant. Any such damages incurred as a result of the
use of a fire hydrant by a member of a local fire department in the course of fighting a fire shall
be charged to the municipality sponsoring the fire department, or to the fire department if it is an
independent entity. Neither the Town, the Village nor its representatives, employees or agents,
shall be liable, directly or indirectly, for any loss or damage caused by or incurred as a result of
the authorized or unauthorized use of Town fire hydrants, except where such damages result
from the authorized but improper or negligent use by its representatives, employees or agents.
SEC. 9-4-9
BILLING FOR WATER USAGE.
a) Village Billing. Until such time as the Town establishes itself as an independent water utility,
all customers of the Water System will be treated as direct retail customers of the Village
Water Utility and will be billed directly by the Village. Water rates shall be charged in
accordance with the Village’s retail rates as filed with and approved by the PSC. Customers
are solely responsible for payment of all billings, including any Village Public Fire
Protection Charges, in accordance with all applicable Village and PSC codes, policies, rules
and regulations. The Town shall be responsible for any rate surcharge imposed by the
Village.
b) Delinquent Bills. Delinquent bills shall be subject to such penalties and late payment charges
as may be imposed under applicable Village and PSC codes, rules and regulations. In
accordance with such codes, rules and regulations, the Village may direct that service be
disconnected as permitted under PSC rules, codes and regulations. The Town will assist the
Village in effecting such disconnection upon receipt of notification from the Village. The
Town will, upon request of the Village, assist the Village in collection of delinquent billings
by placing such billings on the real estate tax roll in accordance with the procedures
authorized by State statute and will remit any collections of billings from the tax roll to the
Village.
SEC. 9-4-10 VACATED BUILDINGS.
Whenever a building which is connected to the Water System is wholly or partially
destroyed, or otherwise rendered temporarily or permanently uninhabitable, abandoned or
vacated, the owner of the building shall notify the Town or the Village water utility within
one (1) working day of the event. Neither the Town, the Village, nor their governing bodies,
agents or employees shall be responsible for any damage to the building resulting from the
destruction, abandonment or vacation of the building. The owner of the building and the
owner of the real estate shall be jointly and severally liable for any damage to the Water
System or to the Village’s water system resulting from a failure to promptly notify the Town
or Village water utility of the destruction, abandonment or vacation of the building.
SEC. 9-4-11 REPAIRS TO WATER MAINS.
a) Responsibility for Repairs. The Town shall be solely responsible for effecting repairs to the
water mains and Water System appurtenances and the cost of such repairs, except where
damage is caused by the negligent or intentional acts of a third (3rd) party. The cost of
repairs necessitated by the negligent or intentional acts of a third (3rd) party shall be charged
to such party.
b) Notice of Repairs. The Town, of its authorized agent, will make reasonable efforts to notify
affected customers in advance of the time and duration of service interruptions if the water
service must be interrupted in order to effect repairs or to routine maintenance of the Water
System. Where practicable, notice may be given by radio, newspaper announcement or other
appropriate means. Where interruptions in service are required, the Town or Village, as the
case may be, will endeavor to re-establish service with the shortest possible delay consistent
with safety to their employees or agents, customers, and the general public. Neither the
Town, the Village, nor their governing bodies, agents or employees shall be responsible for
any damage to persons, buildings, pipes, fixtures or personal property resulting from the
interruption of water service.
SEC. 9-4-12 MANDATORY CONNECTION.
All buildings in existence at the date of completion of the Water System which are serviced
by a previously-installed private well shall connect to the Water System no later than five (5)
years after the date that the Water System became operational. Private wells may continue to
be used after connection to the Water System only in accordance with the express provisions
of this Chapter. All buildings constructed or completed after date that the Water System
became operational shall connect to the Water System prior to occupancy of the building.
SEC. 9-4-13
CROSS-CONNECTIONS.
a) Cross-Connection Defined. A cross-connection is any physical connection or arrangement
between the municipal Water System and any private water source, where there may be a
flow from one (1) system to the other.
b) Cross-Connections Prohibited. No person shall establish or maintain any cross-connection.
No person shall establish or maintain an interconnection, whereby water from a private,
auxiliary or emergency water supply other than the municipal water supply may enter the
Water System, unless the private water supply, the connection method, and the use of the
private water supply have been approved by the Town, the Village, and any State agency
having jurisdiction or authority over such interconnection or private water supply.
SEC. 9-4-14 ABANDONMENT OF PRIVATE WELLS.
a) Abandonment Required. Unless a well operation permit has been issued in accordance with
the provisions of this Chapter, all private wells shall be abandoned no later than thirty (30)
days after the date of connection to the Water System.
b) Abandonment Procedures. All wells abandoned pursuant to the requirements of this
Chapter shall be abandoned in accordance with the procedures and methods required by the
Wisconsin Administrative Code. The well owner shall notify the Town at least two (2)
working days prior to commencement of any abandonment activities. The Town, or its
representative, shall observe and inspect the abandonment. A copy of the abandonment report
form, supplied by the Wisconsin Department of Natural Resources, shall be submitted to the
Town and to the DNR within ten (10) days of completion of the well abandonment.
c) Well Operation Permit. The Town may grant a permit for continued operation of a private
well under the following conditions:
1) The well and pump installation meet or are upgraded to meet the requirements of the
Wisconsin Administrative Code governing private wells; and
2) The well has a history of producing bacteriolo~ical1y safe water as evidenced by at least
two (2) samplings taken a minimum of two (2) weeks apart; and
3) There are no cross-connections or interconnections between the well and pump
installation and the municipal Water System; and
4) The property owner demonstrates a need for continued current use of the private well.
d) Duration of Well Operation Permit. Well operation permits shall be issued for a period of
two (2) years. Permits may be renewed provided that all of the requirements of Subsection
(c) are and continue to be met. The Village will perform water sampling and tests in
accordance with the requirements of Subsection (c) in conjunction with requests for initial
issuance and renewals of the well operation permit. Failure to permit the Village to perform
the required water sampling and tests will result in denial of an initial permit application (or a
renewal request) and issuance of an order requiring that the well be abandoned.
SEC. 9-4-15 AUTHORITY OF INSPECTORS.
The inspector for the Town or any other person authorized by the Town, the Village Water
Utility, or the PSC, and bearing proof of such, shall be permitted to enter all properties for
the purpose of inspection, observation, measurement, sampling, testing and billing in
accordance with the provisions of this, or any other applicable, ordinance, rule or regulation.
SEC. 9-4-16 WATER SERVICE AREA.
Only properties located within Town Growth or Town Planning Areas may connect to the
Water System. The Town expressly reserves the right to further limit connections to the
Water System, even for properties located within Town Growth or Town Planning Areas, if,
in the sole determination of the Town, any of the following factors are present:
a) The area of the proposed connection cannot adequately be served by the Water System at a
service level permitting adequate fire flows;
b) The proposed connection is not in accord with the Town’s Comprehensive Plan;
c) The area proposed to be served cannot reasonably be served with sanitary sewer service
through the Town or a Town Sanitary District;
d) Other essential services cannot be extended to the area of the proposed connection without
unduly burdening the Town or the Town tax base;
e) Connection would cause the Town to exceed the water usage limits set forth in the
Intergovernmental Agreement Between the Village and the Town to Provide Municipal
Water Service To Portions of the Town, dated June 9, 1997.
f) Connection would require the construction of additional water mains in or through an area
where the Town, in its sole discretion, determines that it is not economically or otherwise
feasible for the Town to construct the additional mains and the party requesting connection is
unwilling to bear the cost of the required main extensions.
g) The proposed connection would adversely affect service to existing customers or to potential
customers located within the area of a previously-approved connection.
h) The proposed connection would violate the provisions of any applicable statutes, codes,
regulations, ordinances or policies, or would violate the terms of any intergovernmental
agreements entered into between the Town and any other municipal entity.
SEC. 9-4-17 REMEDIES AND PENALTIES.
a) Remedies. If any structure is or is proposed to be connected to the Water System in violation
of this Chapter, the appropriate authorities of the Town of Fond du Lac may in addition to
other remedies, institute appropriate action or proceedings to prevent, restrain, correct or
abate such violation, including (but not limited to) action to disconnect the structure from
municipal water service if permitted under applicable State Statutes and Codes.
b) Penalties. Any person who violates any provision of this Chapter or any order, rule or
regulation made hereunder shall, upon conviction, be fined not less than One Hundred
Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for each offense,
together with the costs of prosecution and reasonable attorneys’ fees expended by the Town
in conjunction with enforcement of the Chapter. Each day that a violation continues shall be
considered a separate offense.
SEC. 9-4-18
INTERPRETATION.
In their interpretation and application, the provisions of this Chapter shall be considered
minimum requirements. Where the provisions of this Chapter impose greater restrictions than
any statute, other regulation, ordinance or covenant, the provisions of this Chapter shall prevail.
Where the provisions of any statute, other regulation, ordinance or covenant impose greater
restrictions than the provisions of this Chapter, the provisions of such statute, other regulation,
ordinance or covenant shall prevail. Nothing in this Chapter shall be interpreted so as to conflict
with other Town of Fond du Lac or Village of North Fond du Lac ordinances not mentioned or
made inapplicable by the express provisions of this Chapter.
CHAPTER 5
Special Assessments for Town Water Distribution System
9-5-1
Authority
9-5-2
Purpose
9-5-3
Applicability
9-5-4
Exercise of Police Powers
9-5-5
Description of the Construction Project
9-5-6
Property Subject to Assessment
9-5-7
Calculation of Assessed Costs
9-5-8
Calculation of Individual Assessments
9-5-9
Levy of Special Assessments
9-5-10
Installment Payment Options
9-5-11
9-5-12
Collection of Assessments
9-5-13
Interpretation
Appendix A Calculation of Excluded and Assessed Portion of Project Costs
SEC. 9-5-1
AUTHORITY.
This Chapter is enacted pursuant to authority granted under Sec. 66.0701, Wis. Stats.
SEC. 9-5-2
PURPOSE.
The purpose of this Chapter is to provide a method of levying special assessments for recovery
of portions of the cost of construction of the Town’s municipal water distribution system from
properties benefiting from the construction.
SEC. 9-5-3
APPLICABILITY.
The method for levying special assessments as described in this Chapter applies only to special
assessments levied for recovery of portions of the cost of construction of the Town’s 1997 water
distribution system construction project as initially constructed by B.P. Phillips Construction (the
“Water System”) unless later amendments to this Chapter expand this original applicability.
SEC. 9-5-4
EXERCISE OF POLICE POWERS.
All special assessments levied under this Chapter are levied against properties that are directly
benefited by the construction by the Town of the Water System and are levied as an exercise of
the police powers of the Town of Fond du Lac.
SEC. 9-5-5
DESCRIPTION OF THE CONSTRUCTION PROJECT.
a) General Project Description. The project generally consists of the construction of a
municipal water distribution system, including water mains, hydrants, valves, a flow
metering station and individual water services (from main to curb stop) for buildings in
existence at the time of construction, from the current terminus of the Village of North Fond
du Lac (“Village”) water system to provide for distribution of Village municipal water
service to properties located within the Town.
b) Water Service Area.
1) Town properties to be served by the Water System are generally located in the following
areas:
West of Esterbrook Road to approximately the Town line, both north and south of
State Highway 23; and the area located from Esterbrook Road easterly to U.S.
Highway 41 and south of State Highway 23 to approximately Forest Avenue.
2) Service is available only to parcels that are located within Town Growth or Town
Planning Areas as designated under the Intergovernmental Agreement Among the City of
Fond du Lac and the Towns of Fond du Lac, et al, dated as of July 3, 1996 and the
Intergovernmental Agreement Among the Village of North Fond du Lac, the Town of
Fond du Lac and Town Sanitary District No. 3 of the Town of Fond du Lac To Provide
For Orderly Growth and Development Within Agreed-Upon Municipal Boundaries, dated
June 9, 1997, and any amendments thereto. Connection to the Water System may be
further limited in accordance with the Town’s Ordinance Regulating Connections To
And Use Of Town Municipal Water Distribution System.
SEC. 9-5-6
PROPERTY SUBJECT TO ASSESSMENT.
a) Connection to Water System. All parcels connecting directly or indirectly to the Water
System are subject to special assessment levy pursuant to this Chapter. A separate assessment
shall be levied for each structure located upon a parcel that has a separate building lateral
connected to the Water System. A connection shall be deemed to be made to the Water
System if the parcel is directly serviced by the Water System mains, or if the parcel is
serviced by a different main and that service main is connected to a Water System main.
Special assessments levied pursuant to this Chapter shall be levied in the following
circumstances:
1) In conjunction with the connection of individual structures to the Water System, prior to
issuance of a permit to connect to the Water System (provided that all other requirements
for issuance of the connection permit are met);
2) In conjunction with approval of a request for extension of additional mains to be
connected to the Water System to provide service to a new subdivision.
b) Assessment for Individual Water Services. In addition to the special assessment for a
proportionate share of the project costs related to construction of the Water System, a
separate assessment shall be levied for each connection that is made to an individual water
service where the water service (from the main to the curb stop) was constructed as part of
the Town’s Water System construction project. The assessment for the individual water
service shall be Seven Hundred Ten Dollars ($710.00) per connection, which is the contract
price charged to the Town for this construction, plus a proportionate share of the interest on
the project debt attributable to the water services share of the project costs.
c) Assessment Separate From Water Usage and Other Charges.
1) The special assessments levied pursuant to this Chapter are separate and distinct from:
a. Any and all charges for actual water usage charged to properties connected to the
water system;
b. Any assessment levied in conjunction with other utility construction projects;
c. Any permit fees;
d. Any applicable Village or Town connection, meter, tap-in, or inspection fees;
e. The cost of installing the building lateral.
2) Payment of the special assessments levied pursuant to this Chapter shall not relieve any
property owner from the obligation to pay all water use charges, both fixed and variable,
imposed after connection has been made to the water system.
SEC. 9-5-7
CALCULATION OF ASSESSED COSTS.
a) Assessed Project Costs. Each connection to the Water System will be assessed for a
proportionate share of the total project cost (including interest on project debt) less certain
Excluded Costs. Excluded Costs are:
1) Fire Protection Service Costs. Costs directly related to maintenance of fire protection
service, consisting of fire hydrants, hydrant leads, one-half (1/2) of the cost of the dualmeter metering system, and the proportionate share of project debt interest attributable to
these construction costs;
2) Costs Recoverable Through Future Sales. Costs that may be recovered through future
sale of a portion or portions of the Water System to adjoining municipalities, consisting
of costs related to that portion of the system that is installed within (or abutting) Village
of North Fond du Lac Growth Areas, as those Areas are defined in the Intergovernmental
Agreement between the Town and the Village dated June 9, 1997, and the proportionate
share of project debt interest attributable to these construction costs;
3) Individual Water Services Costs.
a. Costs of providing individual water services to be installed as part of the project,
consisting of a total of sixteen (16) one (1) inch water laterals from the water
main to the property line complete with corporation, curb stop and box in place,
and the proportionate share of project debt interest attributable to these
construction costs. The cost of individual water services will be separately
assessed to the property connecting to the individual water service.
b. The share of project costs to be assessed is determined by subtracting the Excluded
Costs from the total project costs.
b) Calculation of Excluded Costs. In order to calculate the assessed portion of the project
costs, it is necessary to first identify the amount of the Excluded Costs. Cost calculations at
the time of adoption of this Chapter are based upon bid prices for the project. The Town
Board may, by Resolution, amend this Chapter to revise the cost allocation after completion
of the construction project to make any necessary adjustments to reflect actual project
quantities and prices. A detailed explanation of the calculation of Excluded Costs is
incorporated into this Chapter as Appendix A. Excluded Costs are summarized as follows:
1) Fire Protection Costs.
One-half of cost of flow metering station:
$ 7,000
Hydrants and Hydrant Leads:
27,451
Proportionate Share of Interest on Project Debt:
Total, Fire Protection Costs:
5,344
$ 39,795
2) Costs Recoverable Through Future Sales
4,820 feet of 8” water main:
$ 74,460
Hydrants and hydrant leads:
9,299
Valves:
3,850
Proportionate Share of Engineering and
Administrative Project Costs:
14,758
One-Half Easement Acquisition Costs:
10,000
17,435
Total, Recoverable Costs:
$129,802
3) Cost of Individual Water Services
16 Individual Water Services @ $615/each:
Total, Individual Water Services:
$ 9,840
1,530
$11,370
c) Calculation of Specially-Assessed Portion of Project Costs. The amount of the project
costs to be assessed to connecting properties is calculated as follows:
Total Project Cost (including interest on project debt)
Less, Fire Protection Project Costs:
Less, Recoverable Costs
Less, Individual Water Service Costs:
Project Costs to be Assessed:
SEC. 9-5-8
$629,704
(39,795)
(129,802)
(11,370)
$448,737
CALCULATION OF INDIVIDUAL ASSESSMENTS.
a) Base Assessment. Individual assessments will be based upon the number of Residential
Equivalent Units (REUs) per connection. No assessment will be based upon less than one (1)
REU.
b) Determination of Base REUs. The base number of REUs that may be served by the Water
System has been determined by the Town’s engineering consultants. It has been determined
that a total of one thousand three hundred seventy (1,370) acres of land could be served with
adequate fire flow pressure and volume by the Water System. Taking into consideration areas
to be dedicated for roadways, green space and other public purposes, as well as
environmentally-sensitive areas unsuitable for construction, it is determined that the land
ratio of single family dwellings to total acreage is one to one (1:1). That is, a total of one
thousand three hundred seventy (1,370) single family dwellings could be constructed upon
the one thousand three hundred seventy (1,370) acres within the water service area.
c) Determination of Assessable REUs. For purposes of this Chapter and the determination of
special assessments hereunder, one REU is defined as follows:
one (1) residence = three (3) people = one hundred fifty (150) gallons per day water usage
= thirteen thousand six hundred fifty (13,650) gallons per quarter water usage, or fifty-four
thousand six hundred (54,600) gallons per year. In the development area, a total of six
hundred fifty-seven (657) acres are currently zoned or are anticipated to be zoned for
residential use. A total of seven hundred thirteen (713) acres are zoned or anticipated to be
zoned for commercial use. Certain commercial uses may generate annual water demands
equivalent to a single family residence, while other commercial uses generate higher
demands. In order to determine the total water demand on an REU basis, the mixture of
higher-use commercial and single family residential uses must be considered. Actual water
meter readings and actual parcel sizes for existing commercial properties located within
Town Sanitary District No. 3 were reviewed to determine an average commercial water
usage per acre. Based upon this review, it is determined that the average commercial water
demand is one and one-half (1.5) REU per acre. Total REUs are then calculated as follows:
Acres in
Development Area
REU Equivalent
657 Acres Residential
713 Acres Commercial
Total Assessable REUs:
1
1.5
Total REUs
657
1,069
1,726
d) Determination of Assessment Per REU. The base assessment per REU is calculated as
follows:
Assessed Project Costs:
$448,737
Divided by Total Serviceable REUs:
Equals Base Assessment Per REU:
Round To:
1,726
$259.99
$260.00/REU
e) Determination of Individual Assessments.
1) Residential Parcels. All residential connections shall be assessed on the basis of one (1)
REU, or Two Hundred Sixty Dollars ($260.00)/REU [plus Seven Hundred Ten Dollars
($710.00) if the building service was installed as part of the Water System project.]
Multi-family dwellings, including duplexes, shall be assessed for one (1) REU per
dwelling unit.
2) Existing Improved Commercial Parcels. Commercial structures in existence at the date of
adoption of this Chapter shall be assessed on the basis of the number of REUs as
determined by the actual, average annual water usage records for the structure for the
four (4) quarters prior to the date of connection to the water system. The average annual
water use shall be determined from the records of Town of Fond du Lac Sanitary District
No. 3, which has been providing individually-metered sanitary sewer service to all
existing improved commercial parcels that are subject to special assessments. For
example, an existing commercial use that has an average annual water use of five
hundred forty-six thousand (546,000) gallons shall be assessed on the basis of ten (10)
REUs, or a total assessment of Two Thousand Six Hundred Dollars ($2,600.00) [plus
Seven Hundred Ten Dollars ($710.00) if the building service was installed as part of the
Water System project].
3) New Commercial Improvements. Assessments against parcels with newly-constructed
commercial improvements (improvements not existing on the date of adoption of this
Chapter) shall be determined as follows:
Classification
Number of REUs
General Business/Office
One REU per 20 employees
Shopping Center/Supermarket
One REU per 4,000 sq. ft. of floor space
Motel with Laundry
One REU = bed space x % of occupancy 6
Motel without Laundry
One REU = bed space x % of occupancy 8
Bowling Alley with Bar
½ REU per alley
Service Station
One REU
Church
One REU
School – Preschool, Elementary,
Middle or Junior High
One REU per 30 students
High School
One REU per 20 students
Tavern
One REU per 40 seats
Tavern with Food Service
Family-Style Restaurant
Family-Style Restaurant with
Separate Bar Area
One REU per 10 seats for Restaurant Area,
and One REU per 40 seats for Bar Area
Fast-Food Restaurant
One REU per 6 seats
Country Club
One REU per 25 members
Health/Fitness Club
One REU per 40 members
Child Care/Daycare Center
One REU per 16 children
Manufactured Housing Community
One REU per lot
Other Commercial or Industrial Use
To Be Determined by the Town Board on a
Case-by-Case Basis
4) Adjustments to Initial REU Calcuation. All REU computations shall be rounded upward
to the nearest ½ REU. Where the REU determination is based upon the number of
employees or members, the property will be subject to an additional assessment if the
initial employee or member count supplied by the property owner is found to be
understated by 10% or more. Where the REU is based in part upon an occupancy
percentage, the occupancy percentage will be determined in accordance with the
developer’s pre-construction market studies or similar study prepared in conjunction with
the developer’s decision to proceed with construction of the facility. Future expansions
that occur after the initial determination of the special assessment for a commercial
structure will be subject to an additional assessment if the expansion requires the
installation of a larger individual water service (building lateral) than that installed at the
time of the original connection.
SEC. 9-5-9
LEVY OF SPECIAL ASSESSMENTS.
a) Assessment to Be Levied Prior to Connection. No connection shall be made to the
Water system, and no connection permit shall be issued by the Town, unless and until the
special assessment for the connection has been determined and levied in accordance with
the provisions of this Chapter.
b) Adoption of Assessment Levy Resolution. When the final REU determination is made
for a requested connection to the Water System in accordance with the provisions of this
Chapter, the Town Board, in the exercise of its police powers, shall adopt a Resolution
identifying the special assessment for the affected parcel(s) and by such Resolution shall
levy the special assessment(s) so determined. The Town Clerk shall give notice by mail
to the last known address of the owner of every parcel subject to assessment pursuant to
the assessment Resolution not less than ten (10) days prior to the meeting at which the
Resolution will be considered and possibly adopted.
c) Appeal Rights. Any person having an interest in the land subject to the special
assessment may appeal the assessment within forty (40) days of adoption of the
assessment Resolution, in the manner set forth in Sect. 66.62(2), Wis. Stats. The notice
of the meeting at which the assessment Resolution may be adopted shall contain a
notification to the property owner of the appeal right hereunder.
d) Waiver of Notice and Hearing. The notice requirements of this Section shall not be
applicable to the levy of any special assessment for which the property owner has consent
to the levy of the special assessment and has specifically waived, in writing, the right to
notice and hearing prior to levy of the special assessment.
e) Date of Lien of Special Assessment. All special assessments levied by the assessment
Resolution shall be a lien upon the property from the date of adoption of the Resolution.
SEC. 9-5-10
INSTALLMENT PAYMENT OPTIONS.
Assessments based upon three (3) or less REUs must be paid in full upon issuance of a permit for
connection to the Water System. Assessments based upon more than three (3) REUs may be
paid in not more than five (5) annual installments of principal. Because interest on the project
debt has already been included in the total assessed costs, no interest will be charged on the
individual assessment installments. The annual principal installment will be placed on the tax
roll, commencing with the real estate tax levy year of the year of application for a connection
permit. The outstanding balance of an assessment that is initially paid in installments may be
paid in full at any time.
SEC. 9-5-11
REMEDIES AND PENALTIES.
a) Remedies. If any structure is or is proposed to be connected to the Water System in
violation of this Chapter, the appropriate authorities of the Town of Fond du Lac may in
addition to other remedies, institute appropriate action or proceedings to prevent, restrain,
correct or abate such violation, including (but not limited to) action to disconnect the
structure from municipal water service if permitted under applicable State Statutes and
Codes.
b) Penalties. Any person who violates any provision of this Chapter or any order, rule or
regulation made hereunder shall, upon conviction, be fined not less than One Hundred
Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for each offense,
together with the costs of prosecution and reasonable attorneys’ fees expended by the
Town in conjunction with enforcement of the Chapter. Each day that a violation
continues shall be considered a separate offense.
SEC. 9-5-12
COLLECTION OF ASSESSMENTS.
In addition to any and all other remedies and penalties that may be imposed for violation of this
Chapter, the provisions of the Wisconsin Statutes governing the collection of special
assessments, including various alternative collection rights and procedures and provisions for
imposition of penalties and interest charges for delinquent assessments, shall apply to all special
assessments levied pursuant to this Chapter.
SEC. 9-5-13
INTERPRETATION.
In their interpretation and application, the provisions of this Chapter shall be considered
minimum requirements. Where the provisions of this Chapter impose greater restrictions than
any statute, other regulation, ordinance or covenant, the provisions of this Chapter shall prevail.
Where the provisions of any statute, other regulation, ordinance or covenant impose greater
restrictions than the provisions of this Chapter, the provisions of such statute, regulation,
ordinance or covenant shall prevail. Nothing in this Chapter shall be interpreted so as to conflict
with other Town of Fond du Lac ordinances not mentioned or made inapplicable by the express
provisions of this Chapter.
APPENDIX A
CALCULATION OF EXCLUDED AND ASSESSED PORTION OF PROJECT COSTS
1. Detail of Total Project Costs
Total Construction, including contingency
$441,450
Engineering/Legal/Administrative costs
$ 82,400
Accounting Fees
$
Easement Purchases
Total:
$ 20,000
$545,150*
1,300
*Net of additional $75,000 borrowed for Project as special contingency for rock
removal. The special contingency fund was not needed for the Project and the
$75,000 will be used to make a partial prepayment on the Project debt on May 1,
1998 (the first available prepayment date.)
2. Detail of Interest On Project Debt
Total Town 1997 General Obligation Note:
$650,000*
Portion Attributable to Water System Project:
$620,150*
Ratio of Water Project Debt to Total Debt is
$620,150/650,000 or:
95%
Total Interest on 1997 GO Note:
$ 89,004
Water Project share at 95%
$ 84,554
*Before $75,000 partial prepayment to be made on May 1, 1998.
3. Total Project Costs
Total Construction, Engineering, etc.:
$545,150
Water Project Share of Interest:
$ 84,554
Total Project Costs:
$629,704
4. Detail of Excluded Costs
A. Fire Protection
One-Half of Flow Meter Station:
$ 7,000
24.5 Hydrants @ $950/each
(Some hydrants are located in areas
such that they will be ultimately shared
by Town and Village)
$23,275
174’ of hydrant leads @ $24/ft:
Total Fire Protection Costs:
$ 4,176
$39,795
B. Costs Recoverable Through Future Sales
Approx. 4,820’ of water main abuts Village
Growth Areas (from connection point, through
Steenberg lands, and ½ of pipe abutting Kramer
lands).
4,766’ water main @ $15/ft:
54’ water main (bored) @ $55/ft:
$ 71,490
$ 2,970
8.5 Hydrants @ $950/each
$ 8,075
51’ Hydrant Leads @ $24/ft:
$ 1,224
7 Valves @ $550/each:
$ 3,850
½ of Easement Cost (Steenberg)
$ 10,000
Total Construction:
$ 97,609
Share of Engineering, Legal and
Administrative Costs calculated as follows:
$97,609/$545,150 Total Construction Cost =
17.91%; $82,400 Engineering, etc. costs x 17.91%=
$ 14,758
Total Construction and Engineering, etc.:
$112,367
Share of Debt Interest calculated as follows:
$112,367 Recoverable Construction Cost/$545,150
Total Construction = 20.62%; $84,554 Total Interest
x 20.62% =
Total Recoverable Costs:
$ 17,435
$129,802
C. Cost of Individual Water Services
16 Individual Services, complete with
corporation, curb stop and box in place
@ $615/each:
$ 9,840
$9,840 Water Services Construction
$545,150 Total Construction = 1.81%;
$84,554 Total Interest x 1.81% =
$ 1,530
Total, Individual Water Services:
$ 11,370
TITLE 10
Motor Vehicles and Traffic
Chapter 1
Chapter 2
Traffic and Parking
All-Terrain Vehicles and Off-Road Motor Vehicle Operation
CHAPTER 1
Traffic and Parking
Article A
10-1-1
10-1-2
10-1-3
10-1-4
10-1-5
through
10-1-9
State Traffic Laws Adopted
State Administrative Code Provisions Adopted
Official Traffic Signs and Control Devices; Prohibited Signs, Signals and
Markers
Registration Record of Vehicle as Evidence
Article B
10-1-10
10-1-11
10-1-12
through
10-1-19
Street Traffic Regulations
Operators to Obey Traffic Control Devices
Vehicle Weight and Size Limitations
Article C
10-1-20
10-1-21
10-1-22
10-1-23
10-1-24
10-1-25
through
10-1-39
General Provisions
Parking Regulations
Restrictions on Parking; Posted Limitations
Stopping or Parking Prohibited in Certain Specified Places
Parking Reserved for Vehicles of Disabled
Winter Parking Restrictions
Stopping and Parking of Fire and Police Vehicles
Article D
10-1-40
10-1-41
through
10-1-49
Disturbance of the Peace With a Motor Vehicle
Article E
10-1-50
Penalties
ARTICLE A
General Provisions
SEC. 10-1-1 STATE TRAFFIC LAWS ADOPTED.
a) Statutes Adopted. Except as otherwise specifically provided in this Code, the statutory
provisions in Chapters 110, 194, and 340 through 349 of the Wisconsin Statutes, describing
and defining regulations with respect to vehicles and traffic, for which the penalty is a
forfeiture only, exclusive of any regulations for which the statutory penalty is a fine or term
of imprisonment or exclusively state charges, are hereby adopted and by reference made a
part of this Chapter as if fully set forth herein. The statutory sections listed shall be
designated as part of this Code by adding the prefix “10-1-” to each statute section number.
Any act required to be performed or prohibited by any regulation incorporated herein by
reference is required or prohibited by this Chapter. Any future amendments, revisions or
modifications of the statutory regulations in Chapters 340 through 349 incorporated herein
are intended to be made part of this Chapter in order to secure to the extent legally
practicable uniform statewide regulation of vehicle traffic on the highways, streets and alleys
of the State of Wisconsin. Any person who shall, within the Town of Fond du Lac, Fond du
Lac County, Wisconsin, violate any provisions of any Statute incorporated herein by
reference shall be deemed guilty of an offense under this Section.
b) Other State Laws Adopted. There are also hereby adopted by reference the following
sections of the Wisconsin Statutes, but the prosecution of such offenses under this Chapter
shall be as provided in Chapters 340 through 349 of the Wisconsin Statutes and the penalty
for violation thereof shall be limited to a forfeiture as hereinafter provided in this Chapter:
941.01
Negligent Operation of Vehicle Off Highway
943.11
Entry into Locked Vehicle
943.23
Operating Motor Vehicles Without Owners Consent
346.935.1
Intoxicants in Motor Vehicles
c) Statutes Specifically Incorporated by Reference. Whenever this Chapter incorporates by
reference specific sections of the Wisconsin Statutes, such references shall mean the
Wisconsin Statutes of 1995-96 as from time to time amended, repealed or modified by the
Wisconsin Legislature.
d) General References. General references in this Chapter to Wisconsin statutory sections or
chapters describing or defining procedures or authority for enactment or enforcement of local
traffic regulations shall be deemed to refer to the most recent enactments of the Wisconsin
Legislature describing or defining such procedures or authorities.
SEC. 10-1-2 STATE ADMINISTRATIVE CODE PROVISIONS ADOPTED.
a) Administrative Regulations Adopted. The following administrative rules and regulations
adopted by the Secretary of the Wisconsin Department of Transportation and published in the
Wisconsin Administrative Code, exclusive of any provisions therein relating to the penalties
to be imposed, are hereby adopted by reference and made part of this Chapter as if fully set
forth herein.
Wis. Adm. Code- TRANS 305
Standards for Vehicle Equipment
Leasing of Vehicles by Private Carriers
Slow Moving Vehicle Emblem
b) Non-Compliance Prohibited. No person shall operate or allow to be operated on any
highway, street or alley within the Tow a vehicle that is not in conformity with the
requirements of Subsection (a) or the provisions of Sec. 110.075 and Chapter 347, Wis.
Stats., incorporated by reference in Section 10-1-1 of this Chapter.
c) Safety Checks.
1) Operators to Submit to Inspection. When directed to do so by any law enforcement
officer, the operator of any motor vehicle shall stop and submit such vehicle to an
inspection and such tests as are necessary to determine whether the vehicle meets the
requirements of this Section or that the vehicle’s equipment is in proper adjustment or
repair. No person, when operating a motor vehicle, shall fail to stop and submit such
vehicle to inspection when directed to do so by any law enforcement officer as herein
provided.
2) Authority of Officer. Any law enforcement officer is hereby empowered whenever he or
she shall have reason to believe that any provision of this Section is being violated to
order the operator of the vehicle to stop and to submit such vehicle to an inspection with
respect to brakes, lights, turn signals, steering, horns and warning devices, glass, mirrors,
exhaust systems, windshield wipers, tires and other items of equipment.
3) Vehicle to be Removed From Highway. Whenever, after inspection as provided by this
Section, a law enforcement officer determines that a vehicle is unsafe for operation, he or
she may order it removed from the highway and not operated, except for purposes of
removal and repair until the vehicle has been repaired as directed in a repair order. Repair
orders may be in the form prescribed by the secretary of the Department of
Transportation under Sec. 110.075(5), Wis. Stats., and shall require the vehicle owner or
operator to cause the repairs to be made and return evidence of compliance with the
repair order to the department of the issuing officer within the time specified in the order.
d) Penalty.
1) Penalty for violation of any provision of this Section, including the provisions of the
Wisconsin Administrative Code, incorporated herein by reference, shall be as provided in
Section 10-1-50, together with the costs of prosecution and applicable penalty
assessment.
2) The Administrative Code sections adopted by reference in Subsection (a) above shall be
designated as part of this Code by adding the prefix “10-1-”to each statute or
Administrative Code section number.
SEC. 10- 1-3 OFFICIAL TRAFFIC SIGNS AND CONTROL DEVICES; PROHIBITED
SIGNS, SIGNALS AND MARKERS.
a) Duty to Erect and Install Uniform Traffic Control Devices. Whenever traffic regulations
created by this Chapter, including a State of Wisconsin traffic regulation adopted by
reference in Section 10-1-1, require the erection of traffic control devices for enforcement,
the Town Board shall procure, erect and maintain uniform traffic control devices conforming
to the Uniform Traffic Control Device Manual promulgated by the Wisconsin Department of
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 traffic control device, devices shall be
erected in such locations and in such a manner as, in the judgment of the Board, will carry
out the purposes of this Chapter and give adequate warning to users of the streets and
highways of the Town.
b) Code Numbers to be Affixed to Official Traffic Control Devices. The Town Board shall
cause to be placed on each official traffic control sign a guide board, mile post, signal or
marker erected under Subsection (a), a code number assigned by the Wisconsin Department
of Transportation, and shall also place or direct the placing of code numbers on all existing
official traffic control devices as required by the laws of the State of Wisconsin.
c) Prohibited Signs and Markers in Highways. No person other than the Town Board or an
official authorized by this Chapter to erect and maintain official traffic control devices or his
or her designee shall place within the limits of any street or highway maintained by the Town
any sign, signal, marker, mark or monument unless permission is first obtained from the
Board or, where applicable, the State Highway Commission. Any sign, signal, marker, mark
or monument placed or maintained in violation of this Subsection shall be subject to removal
as provided in Subsection (d).
d) Removal of Unofficial Signs, Markers, Signals and Traffic Control Devices. The Town
Board, or its designee, may remove any sign, signal, marking or other device which is placed,
maintained or displayed in violation of this Chapter or state law. Any charge imposed against
premises for removal of a prohibited or illegal sign, signal, marking or device shall be
reported to the Board for review and certification at its next regular meeting following the
imposition of the charge. Any charge not paid on or before the next succeeding November 15
shall be placed upon the tax roll for collection as other special municipal taxes.
SEC. 10-1-4 REGISTRATION RECORD OF VEHICLE AS EVIDENCE.
When any vehicle is found upon a street or highway in violation of any provision of this Chapter
regulating the stopping, standing or parking of vehicles and the identity of the operator cannot be
determined, the owner, as shown by the ownership registration of the vehicle supplied by the
Wisconsin Department of Transportation, or a comparable authority of any other state, shall be
deemed to have committed the violation for purposes of enforcement of this Chapter and
specifically Section 10-1-1 and shall be subject to the applicable forfeiture penalty; provided the
defenses defined and described in Ch.346, Subchapter VII, Wis. Stats., shall be a defense for an
owner charged with any violations thereunder.
SEC. 10-1-5 THROUGH 10-1-9
ARTICLE B
Street Traffic Regulations
SEC. 10-1-10 OPERATORS TO OBEY TRAFFIC CONTROL DEVICES.
Every operator of a vehicle approaching an intersection at which an Official Traffic Control
Device is erected in accordance with this Chapter shall obey the direction of such Official Traffic
Control Device as required by the Wisconsin Statutes incorporated by reference in Section 10-11 of this Chapter. Operators of vehicles approaching a stop sign shall stop before entering a
highway as required by Sec. 346.46, Wis. Stats. Operators approaching intersections at which a
yield sign has been installed shall yield the right-of-way to other vehicles as required by Sec.
346.18(6), Wis. Stats.
SEC. 10-1-11 VEHICLE WEIGHT AND SIZE LIMITATIONS.
a) Designation — Roads and Highways. All roads and highways maintained by the Town are
hereby designated as Class “B” highways for the purpose of putting into effect the weight
limitations and other authorized controls set forth in Chapter 348, Wis. Stats.
b) Vehicles — Size, Weight and Load.
1) The Town hereby adopts the descriptions and phrases set forth in Chapter 348.01, Wis.
Stats., as amended.
2) The provisions of this Section restricting the size and weight of vehicles apply to the
vehicles and any load which it is carrying, except as otherwise provided herein, and also
vehicles owned or operated by or for a governmental agency, subject to exceptions set
forth elsewhere herein.
3) The owner of a vehicle who causes or permits such vehicle to be operated on a highway
within the Town in violation of this Section is guilty of the violations the same as if he
actually operated the vehicle himself/herself.
4) Limitations on size, weight or load imposed by this Section do not apply to road
machinery actually engaged in construction, repair, or maintenance of a highway within
the limits of the project.
5) The limitations on weight, length and number of vehicles and combination imposed by
this Section shall not apply to a combination of vehicles in an emergency towing
operation in which the towing vehicle is being used to remove a stalled or disabled
vehicle or combination of vehicles from the highway to the nearest adequate place for
repairs, or in which the towing vehicle is an emergency truck tractor temporarily
substituted for a stalled or disabled truck tractor, provided that the limitation and the
number of vehicles in combination imposed by this Section may be exceeded only if the
vehicles comprising the towed combination of vehicles cannot reasonably be separated as
to be transported singly. The vehicle’s owner or the owner’s agent shall designate the
nearest adequate place for repairs for vehicles or combination of vehicles exceeding the
length limits or limits on the number of vehicles and combination.
c) Width of Vehicles. No person shall cause or permit a vehicle to be operated on any Town
road which exceeds the size and load provisions set forth in Chapter 348.05,
Wis. Stats., as amended (which is hereby incorporated herein by reference.)
d) Height of Vehicles. No person, without a permit therefor, shall cause or permit a vehicle to
be operated on Town roads, which exceeds the height requirements set forth in Chapter
348.06, Wis. Stats., as amended (which is incorporated herein by reference.)
e) Length of Vehicles. No person, without a permit therefor, shall cause or permit a vehicle to
be operated on Town roads with an overall length of that set forth in Chapter 348.07, Wis.
Stats., as amended (which Chapter is incorporated herein by reference.)
f) Vehicle Trains. No person, without a permit therefor, shall cause or permit a vehicle to be
operated on Town roads any motor vehicle which is prohibited to be operated on highway as
set forth in Chapter 348.08, Wis. Stats., as amended (which Chapter is incorporated herein by
reference.)
g) Projecting Loads on Side of Vehicles. No person, without a permit therefor, shall cause or
permit a vehicle to be operated on Town roads any motor vehicle, trailer or semitrailer
carrying any load extending beyond the fender line as set forth in Chapter 348.09, Wis.
Stats., as amended (which Chapter is incorporated herein by reference.)
h) Special limitations on Load. No person, without a permit therefor, shall cause or permit to
be operated on Town roads any motor vehicle or combination of vehicles with any load
thereon extending more than three (3) feet beyond the front of the foremost vehicle as set
forth in Chapter 348.10, Wis. Stats., as amended (which is incorporated herein by reference.)
i) Penalty for Violating Size and Load limitations.
1) Any person violating this Section in conformity with Sec. 348.09 or 348.10, Wis. Stats.,
may be required to forfeit not less than Ten Dollars ($10.00) nor more than Two Hundred
Dollars ($200.00).
2) Any person violating this Section where it is in substantial conformity with Sections
348.05 through 348.08, Wis. Stats. may be required to forfeit not less than Fifty Dollars
($50.00) nor more than One Hundred Dollars ($100.00) for the first offense and may be
required to forfeit not less than One Hundred Dollars ($100.00) nor more than Two
Hundred Dollars ($200.00) for the second and each subsequent conviction within one (1)
year.
j) Weight limitations.
1) The Town hereby adopts the weight limitations set forth in Chapter 348.15 and 348.16,
Wis. Stats., as amended, as those weight limits affect the permissible limits on Class B
highways within the Town.
2) No person without a permit shall operate or cause a vehicle to be operated on any Class B
highway within the Town, any vehicle or combination of vehicles unless the vehicle or
combination of vehicles comply with the weight limitation as set forth in Chapter 348.15
and 348.16, Wis. Stats., as amended.
k) Exceptions.
1) No person shall operate, whether operating under a permit or otherwise, shall operate a
vehicle in violation of any special weight limitations imposed by the Town Board on
particular highways, highway structures, or portions of highways, if signs have been
erected as required by Chapter 349.16(2), Wis. Stats., as amended, except when the
vehicle is being operated under a permit expressly authorizing such weight limitations to
be exceeded.
2) Whenever the operator of a vehicle is ordered by the officer or agency in charge of
maintenance or by a traffic officer to suspend operation of such vehicle because of the
damage such vehicle is causing or is likely to cause to the highway or the public
investment herein, he/she shall forthwith comply with said order.
3) Certain vehicles may operate in excess of the gross limitations above specified if said
operation is in full compliance with Chapter 348.175 and 348.18, Wis. Stats., (which are
hereby incorporated herein by reference.)
l) Weight Indication. No person shall operate upon any Town road any motor truck, truck
tractor, road tractor or motor bus, or a trailer or semitrailer used in connection therewith,
unless there is attached to or lettered upon the left side thereof a sign giving its empty weight.
A sign in conformity with any regulation or alternate rule which has been designated by the
Wisconsin Department of Motor Vehicles would be deemed to be in conformity with this
Section.
m) Forfeitures. If convicted, violations of this Section shall be subjected to the same forfeitures
as set forth in the corresponding sections of Chapter 348 and/or 349, Wis. Stats. Each day of
violation shall be deemed to be a separate and distinct violation, and if an owner or operator
operates more than own truck on Town roads in violation in each occurrence shall be a
separate and distinct violation.
n) Compliance With State Statutes. Nothing in this Section shall be construed, or is intended
to be contrary to, or inconsistent with, Chapter 341 to 348, Wis. Stats., and any provision of
this Section which may appear in conflict with said statutes, and which is not expressly
authorized by Section 349.06 to 349.236, Wis. Stats., shall be, and hereby is modified and
interpreted to conform to said statutes and the authority permitted therein for creation of this
Section and each section thereof, and authorizing penalties for violation hereof.
o) Permits. Applications for permits shall be made through the Town Clerk and the designated
local official, now being the Town Chairperson, countersign, and all permits may be signed
by the Town Chairperson or his designee and certified by the Town Clerk. Permits shall be
generally subject to the provisions set forth for issuance of such permits as set forth in
Chapter 348.25, Wis. Stats.
SEC. 10-1-12 THROUGH 10-1-19
ARTICLE C
Parking Regulations
SEC. 10-1-20 RESTRICTIONS ON PARKING; POSTED LIMITATIONS.
a) Forty-eight (48) Hour Limitation. No person, firm or corporation shall park or leave
standing any automobile, truck, tractor, trailer or vehicle of any description on any public
streets or public parking lots in the Town of Fond du Lac for a period of forty-eight (48) or
more consecutive hours in the same location at any time, except that where more restrictive
parking limits have been established, the more restrictive limits shall apply. When any law
enforcement officer shall find a vehicle standing upon a public street or parking lot in
violation of the provisions of this Section, he/she is authorized to move such a vehicle or to
require the operator in charge thereof to move such vehicle to a position permitted under this
Chapter. The law enforcement officer may cause said vehicle to be removed to a proper
impoundment and storage area where storage space is available and in such case the owner
shall pay the costs of removing said vehicle and the storage fees on said vehicle before he/she
may recover the possession thereof.
b) Posted Limitations.
1) The Town Board may designate certain streets or portions of streets as no parking or no
stopping or standing zones or as zones for parking by physically handicapped persons
and may limit the hours in which the restrictions apply. The Town shall mark, by
appropriate signs, each zone so designated in accordance with the provisions of Sec.
349.13, Wis. Stats.
2) Except when necessary to avoid conflict with other traffic or in compliance with the
directions of a law enforcement officer or traffic control device, no person shall stop or
park a vehicle in an established no stopping or standing zone when stopping or standing
is prohibited. No vehicle shall be parked in a no parking zone during hours when parking
is prohibited except physicians on emergency calls or as permitted by state law or
elsewhere by this Code of Ordinances.
3) The Town Board shall have the authority to restrict the turning or movement of heavy
traffic and to impose special weight limitations on any highway or portions thereof
which, because of the weakness of the roadbed due to deterioration or climatic conditions
or other special or temporary conditions, would likely be seriously damaged or destroyed
in the absence of any restrictions on heavy traffic movement or special weight
limitations.
4) No prohibition, restriction or limitation on parking or restriction on movement or turning
of heavy traffic and imposition of special weight limits is effective unless official traffic
control devices have been placed or erected indicating the particular prohibition,
restriction or limitation.
SEC. 10-1-21 STOPPING OR PARKING PROHIBITED IN CERTAIN SPECIFIED
PLACES.
a) Parking Prohibited at All Times. Except temporarily for the purpose of and while actually
engaged in loading or unloading or in receiving or discharging passengers or property and
while the vehicle is attended by a licensed operator so that it may be moved promptly in case
of an emergency or to avoid obstruction of traffic, no person shall at any time park or leave
standing any vehicle:
1) Within an intersection.
2) On a crosswalk.
3) On a sidewalk or terrace area, except when parking in such place is clearly indicated by
official traffic signs or markers or parking meters. “Terrace or Sidewalk Area” means that
area between the sidewalk and the nearest curb line running parallel or generally parallel
thereto or in the absence of a sidewalk ten (10) feet beyond the paved surface.
4) Alongside or opposite any highway excavation or obstruction when such stopping or
standing would obstruct traffic or when pedestrian traffic would be required to travel in
the roadway.
5) On the roadway side of any parked vehicle unless double parking is clearly indicated by
official traffic signs or markers.
6) Within a fire lane consisting of either the driveway between the front doors of a Fire
Station and the public street or in such places properly designated and marked as fire
lanes ordered by the Fire Chief.
7) Upon any portion of a highway where and at the time when stopping or standing is
prohibited by official traffic signs indicating the prohibition of any stopping or standing.
8) In any place or manner so as to obstruct, block or impede traffic.
9) Within twenty (20) feet of a fire hydrant, unless a greater distance is indicated by an
official traffic sign.
10) Upon any portion of a highway where and at the time when parking is prohibited, limited
or restricted by official traffic signs.
11) Upon any bridge.
12) Upon any street or highway within the Town any vehicle which faces a direction
different from the direction of normal traffic flow for the lane of traffic in which said
vehicle is stopped or standing.
13) Upon any terrace or sidewalk in the Town at any time.
14) In a loading zoning.
15) Within six (6) feet of the entrance to an alley, private road or driveway.
16) In any municipal park when said park is closed to the public.
b) 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 of the property which such
driveway is located, whether or not such driveway is posted to limit or restrict parking.
c) Vehicles Not to Block Private Drive, Alley or Fire Lane. No vehicle shall, at any time, be
parked so as to unreasonably restrict the normal access to any private drive, alley or fire lane.
Said access shall be deemed to be unreasonably restricted if any vehicle is parked within four
(4) feet of either side of said access. Upon discovery by a law enforcement officer or upon
complaint by the owner of any such blocked drive, alley or fire lane, the law enforcement
officer may order said vehicle towed from such position at the risk and expense of the owner
of said vehicle.
SEC. 10-1-22 PARKING RESERVED FOR VEHICLES OF DISABLED.
When official traffic signs indicating such restriction have been erected in accordance
with Section 10-1-3 of this Chapter, no person shall park, stop or leave standing any
vehicle upon any portion of a street, highway or public or private parking facility
reserved for vehicles displaying special registration plates or identification cards or
emblems issued by the Wisconsin Department of Transportation or, for vehicles
registered in another jurisdiction, by such other jurisdiction designating the vehicle as one
used by a physically disabled person.
SEC. 10-1-23 WINTER PARKING RESTRICTIONS.
No parking is permitted on any Town roadway, including but not limited to subdivision streets
and cul-de-sacs, between November 1 and April 1 between the hours of 11:00 p.m. and 8:00
a.m. No one may deposit, pile, distribute or push snow cleared from driveways, parking lots,
sidewalks or other areas into any Town roadway or street, or within the right-of-way area of
Town roadways or streets or ditches within road or street rights-of-way.
SEC. 10-1-24
STOPPING AND PARKING OF FIRE AND POLICE
VEHICLES.
Stopping and parking of fire and police vehicles during an emergency or while training is
permitted. Fire and police vehicles shall have proper emergency lights operating. This Section
also allows fire fighter’s private vehicles at an emergency scene.
SEC. 10-1-25 THROUGH SEC. 10-1-39
ARTICLE D
SEC. 10-1-40 DISTURBANCE OF THE PEACE WITH A MOTOR VEHICLE.
a) Unnecessary Noise Prohibited. It shall be unlawful for any person to operate a motor
vehicle in such a manner which shall make or cause to be made any loud, disturbing, or
unnecessary sounds or noises such as may tend to annoy or disturb another in or about any
public or private area in the Town.
b) Unnecessary Smoke Prohibited. It shall be unlawful for any person to operate a motor
vehicle in such a manner which shall make or cause to be made any smoke, gases, or odors
which are disagreeable, foul, or otherwise offensive which may tend to annoy or disturb
another in or about any public or private area in the Town.
c) Unnecessary Acceleration and Display of Power Prohibited. It shall be unlawful for any
person to operate any vehicle, including motorcycles, all-terrain vehicles, recreational
vehicles, and bicycles, in such a manner as to cause, by excessive and unnecessary
acceleration, the tires of such vehicle or cycle to spin or emit loud noises or to unnecessarily
throw stones or gravel; nor shall such driver cause to be made by excessive and unnecessary
acceleration any loud noise as would disturb the peace.
d) Disorderly Conduct with a Motor Vehicle.
1) Conduct Prohibited. No person shall, within the Town, by or through the use of any
motor vehicle, including but not limited to, an automobile, truck, all-terrain vehicle,
motorcycle, minibike or snowmobile, cause or provoke disorderly conduct with a motor
vehicle, cause a disturbance or annoy one or more persons, or disturb or endanger the
property or the safety of another’s person or property.
2) Definition. “Disorderly conduct with a motor vehicle” shall mean the engaging in violent,
abusive, unreasonably loud conduct, or disturbing or endangering the property or the
safety of another’s person or property, or otherwise disorderly conduct, including but not
limited to, unnecessary, deliberate or intentional spinning of wheels, squealing of tires,
revving of engine, blowing the horn, causing the engine to backfire or causing the
vehicle, while commencing to move or in motion, to raise one or more wheels off the
ground.
e) Avoidance of Traffic Control Device Prohibited. It shall be unlawful for any person to
operate a motor vehicle in such a manner as to leave the roadway and travel across private
property to avoid an official traffic control device, sign, or signal.
f) Operation in Restricted Area Prohibited. It shall be unlawful for any person to operate a
motor vehicle in such a manner as to leave the roadway and park, stop, or travel upon or
across any public or private property, parking lot, driveway, or business service area for any
purpose except the official conduct of business located on said property without the consent
of the owner or lessee of the property. This Section shall specifically include, but not be
limited to:
1) Public park property;
2) Cemetery properties;
3) School District property;
4) Medical facilities;
5) Funeral homes;
6) Service stations;
7) Grocery stores;
8) Restaurants;
9) Financial institutions; and
10) Other similar-type businesses with service driveways or drive-up or drive-through
facilities.
g) Stopping and Parking Prohibited. It shall be unlawful for any person to stop or park a
motor vehicle in any manner on any public or private property or parking lot contrary to a
regulatory sign posted thereon which may permit parking by certain persons and limits,
restricts, or prohibits parking as to other persons without the consent of the owner or lessee
of the property. Any vehicle parked in violation of this Section may be removed or towed by
the property owner at the vehicle owner’s expense.
SEC. 10-1-41 THROUGH SEC. 10-1-49
RESERVED FOR FUTURE USE
ARTICLE E
SEC. 10- 1-50 PENALTIES.
a) Forfeiture Penalty. The penalty for violation of any provision of this Chapter shall be a
forfeiture as hereafter provided, together with court costs and fees prescribed by Sections
814.63(1) and (2) or 814.65(1), Wis. Stats., the penalty assessment for moving traffic
violations and the driver improvement surcharge imposed by Section 346.655, Wis. Stats.,
where applicable. Payment of the judgment and applicable court costs, fees, assessments and
surcharges may be suspended by the sentencing court for not more than sixty (60) days. Any
person eighteen (18) years of age or older who shall fail to pay the amount of the forfeiture,
court costs, any penalty assessment or driver surcharge or other penalty imposed for violation
of any provision of this Chapter may, upon order of the court entering judgment therefor and
having jurisdiction of the case, be imprisoned until such forfeiture, costs and assessment are
paid, but not exceeding ninety (90) days.
b) Other Sanctions.
1) By Court. Nothing herein shall preclude or affect the power of the sentencing court to
exercise additional authorities granted by the Wisconsin Statutes to suspend or revoke the
operating privileges of the defendant, order the defendant to submit to assessment and
rehabilitation programs or to attend traffic safety school in addition to payment of a
monetary penalty or in lieu or imprisonment.
2) By Municipality. No person who has been convicted of a violation of any provision of
this Chapter shall be issued a license or permit by the Town, except a dog license, until
the forfeiture imposed for such violation and any penalty assessment, court costs and fees
or surcharge is paid.
c) Forfeitures for Violation of Uniform Moving Traffic Regulations. Forfeitures for
violations of any moving traffic regulation set forth in the Wisconsin Statutes adopted by
reference in Section 10-1-1 shall conform to the forfeiture penalty permitted to be imposed
for violations of the comparable Wisconsin Statute, including any variations or increases for
subsequent offenses; provided, however, that this Subsection shall not be construed to permit
prosecution under this Chapter for any offense described in Chapters 341 to 349, Wis. Stats.,
for which an imprisonment penalty or fine may be imposed upon the defendant.
d) Forfeitures for Parking Violations.
1) Forfeitures for Uniform Statewide Parking. Stopping and Standing Offenses.
Minimum and maximum forfeiture for violation of non-moving traffic violations adopted
by reference in Section 10-1-1 as described in Chapter 341 to 349, Wis. Stats., shall be as
found in the current edition of the Revised Uniform State Traffic Deposit Schedule.
2) Penalty for Other Parking Violations. The forfeiture for violation of local parking
regulations shall be Ten Dollars ($10.00) to Two Hundred Dollars ($200.00).
e) Other Violations. Any person who shall violate any provision of this Chapter for which a
penalty is not otherwise established by this Section shall be subject to a forfeiture of not less
than Twenty Dollars ($20.00) nor more than One Hundred Dollars ($100.00).
CHAPTER 2
All-Terrain Vehicles and Off-Road Motor Vehicle Operation
10-2-1
10-2-2
State All-Terrain Vehicle Laws Adopted
Unauthorized Operation of Motor Vehicles on Public or Private Property
SEC. 10-2-1 STATE ALL-TERRAIN VEHICLE LAWS ADOPTED.
The provisions describing and defining regulations with respect to all-terrain vehicles in the
following-enumerated Subsections of Sec. 23.33, Wis. Stats., and any future amendments or
revisions, are hereby adopted by reference and made part of this Section as if fully set forth
herein. The statutory sections adopted by reference herein shall be designated as part of this
Code by adding the prefix “10-2-1-” to each statute section number. Any acts required to be
performed by the following Statutory Subsections or which are prohibited by such Statutory
Subsections are required to be performed by this Section or are prohibited by this Section:
23.33(2)
23.33(3)
23.33(3g)
23.33(4)
23.33(5)
23.33(6)
23.33(7)
23.33(1)
Registration
Rules of operation
Use of Headgear
Operation on or near highway
Age Restrictions; Safety Certification Program
Equipment requirements
Accidents
Definitions
SEC. 10-2-2 UNAUTHORIZED OPERATION OF MOTOR VEHICLES ON PUBLIC
OR PRIVATE PROPERTY.
a) Purpose.
1) The unauthorized off-road operation of motor vehicles has resulted in serious damage to
public and private lands including damage or destruction of vegetation, animal life and
improvement to the lands; and
2) The unauthorized off-road operation of motor vehicles has resulted in the permanent
scarring of land and an increase in both erosion and air pollution; and
3) The unauthorized off-road operation of motor vehicles has resulted in collisions and near
collisions threatening the life and safety of the operators of such vehicles as well as of
other persons; and
4) The unauthorized off-road operation of motor vehicles has resulted in a loss of the
privacy, quietude and serenity to which the owners and users of land are rightfully
entitled.
b) Definitions. For purposes of this Section, the terms below shall be defined as follows:
1) Unauthorized shall mean without the express prior consent of the owner, lessee, manager
or other person authorized to give consent by the owner or lessee of land. Authorization
shall not be implied from a failure to post private or public land.
2) Off-Road shall mean any location which:
a. Is not a paved or maintained public street or alley; or
b. Is not used or maintained by the owner or lessee of land as a driveway, parking lot or
other way for motor vehicles; or
c. Is a private trail for use only by the owner or his permittees for recreational or other
vehicular use. Off-road shall not include any creekbed, riverbed or lake provided,
however, that this Subsection shall not apply to snowmobiles or other vehicles being
operated on the ice covering such creekbed, riverbed or lake.
3) Operation shall mean the physical manipulation or activation of any of the controls of a
motor vehicle necessary to put it in motion.
4) Motor Vehicle shall mean, for purposes of this Section, any vehicle which is selfpropelled and shall include but not be limited to automobiles, trucks, jeeps, vans,
motorcycles, motorbikes, go-karts, motorized three-wheeled vehicles, all-terrain vehicles,
mopeds, snowmobiles, dune buggies and tractors. Motor vehicle shall not mean any
airplane, railroad train, boat, wheelchair or bicycle. A vehicle which would otherwise be
defined as a motor vehicle under this Section shall not be so defined while:
a. It is being operated solely for the purpose of construction or maintenance of an
improvement to land or solely for access to construction or maintenance sites
provided such operation is by persons having legitimate business on such lands or
sites;
b. It is being operated by or at the direction of public employees or utility company
employees as part of their employment duties.
c. It is being operated by the holder of an easement or right of access on or over the land
on which operation is occurring or the holder’s employees or agents.
c) Unauthorized Off-road Operation Prohibited.
1) The unauthorized off-road operation of a motor vehicle is prohibited.
2) Except for authorized maintenance vehicles and snowmobiles or all-terrain vehicles
operating in areas authorized by the Town Board, it shall be unlawful to operate any
minibike, go-kart, all-terrain vehicle or any other motor-driven craft or vehicle
principally manufactured for off-highway use on the Town streets, alleys, parks,
sidewalks, bikeways, parking lots or on any public lands or private lands or parking lots
held open to the public. The operator shall at all times have the written consent of the
owner before operation of such craft or vehicle on private lands.
3) Any motor vehicle which is operated over or upon any private property located in the
Town without the owner’s prior consent shall constitute a private nuisance and violation
of this Code.
4) Snowmobiles and all-terrain vehicles shall not be operated within the Town limits
between the hours of 12:00 midnight and 6:00 a.m.
TITLE 11
Offenses and Nuisances
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
1
2
3
4
5
6
7
Offenses Against Public Safety and Peace
Offenses Against Property
Offenses Involving Alcoholic Beverages
Offenses by Juveniles
Public Nuisances
Noise Ordinance
CHAPTER 1
11-1-1
11-1-2
Offenses Against State Laws Subject to Forfeiture
Penalties; Attempt; Parties to Acts
SEC. 11-1-1 OFFENSES AGAINST STATE LAWS SUBJECT TO FORFEITURE.
The following statutes defining offenses against the peace and good order of the State are
adopted by reference to define offenses against the peace and good order of the Town of Fond du
Lac. With the exception of Sec. 938.342, Wis. Stats., the penalty for commission of such
offenses hereunder shall be limited to a forfeiture imposed under the general penalty provisions
of this Code of Ordinances. Any future amendments, revisions or modifications of the Statutes
incorporated herein by reference are intended to be made part of this Code. The penalty for
truancy and high school dropouts shall be governed by the provisions of Sec. 938.342, Wis.
Stats., as adopted herein.
118.07
118.08
118.09
118.10
118.105
118.11
118.123
118.163
134.65
134.66
167.10
175.25
254.76
254.92
287.81
938.125
Safety Requirements
School Zones; Crossings
Safety Zones
School Safety Patrols
Control of Traffic on School Premises
School Fences
Reports and Records
Truancy and School Dropout Violations
Cigarette and Tobacco Products Retailer License
Restrictions on Sale or Gift of Cigarettes or Tobacco Products
Storage of Junked Automobiles
Causing Fires by Tobacco Smoking
Purchase or Possession of Cigarettes or Tobacco Products by Person
Under 18 Prohibited
Littering
Jurisdiction over Juveniles Alleged to Have Violated Civil Law or
Ordinances
938.17
Jurisdiction over Juveniles – Traffic, Boating, Snowmobile and All Terrain Vehicle Violations and Other Civil Law and Ordinance Violations
938.342
Disposition – Truancy and School Dropout Ordinance Violations
938.343
Disposition – Juvenile Adjudged to Have Violated A Civil Law/Ordinance
938.344
Disposition – Certain Intoxicating Liquor, Beer and Drug Violations
938.345
Disposition – Juvenile Adjudged in Need of Protection or Services
939.05(2)(b)
Aiding and Abetting
939.22
Words and Phrases Defined
940.19(1)
Battery
940.291
Failure of a Law Enforcement Officer to Render Aid
940.42
Misdemeanor Intimidation of Witnesses
940.44
Misdemeanor Intimidation of Victims
941.01
Negligent Operation of Vehicle
941.10
Negligent Handling of Burning Material
941.12(2), (3) Interference With Firefighting
941.13
False Alarms
941.20(1)
Endangering Safety by Use of Dangerous Weapon
941.23
Carrying Concealed Weapon
941.235
Carrying Firearm in Public Building
941.24
Possession of Switchblade Knife
941.35
Emergency Telephone Calls
941.36
Fraudulent Tapping of Electric Wires, Gas or Water Meters or Pipes
941.37(1), (2) Obstructing Emergency or Rescue Personnel
942.01
Defamation
942.03
Giving False Information for Publication
942.05
Opening Letters
942.20(1), (2) Theft
943.01(1)
Damage to Property
943.11
Entry Into Locked Vehicle
943.125
Entry Into Locked Coin Box
943.13
Trespass to Land
943.14
Criminal Trespass to Dwellings
943.145
Criminal Trespass to a Medical Facility
943.15
Entry onto Construction Site or Locked Building, Dwelling or Room
943.20(3)(a)
Theft
943.21(3)(a)
Fraud on Hotel or Restaurant Keeper or Taxicab Operator
943.22
Use of Cheating Tokens
943.23(1),(4),(5)
Operating Vehicle Without Owner’s Consent
943.24
Issue of Worthless Check
943.34(1)(a)
Receiving Stolen Property
943.37
Alteration of Property Identification Marks
943.38(3)
Misdemeanor Forgery
943.41
Financial Transaction Card Crimes
943.46
Theft of Cable Television
943.50(1)-(3),
(4)(a)
Retail Theft
943.55
Removal of Shopping Cart
943.70
944.15
944.17
944.20
944.21
944.23
944.30
944.31
944.33
933.36
945.01
945.02
945.04
946.40
946.41
946.42(2)
946.46
946.69
946.70
946.72(2)
947.01
947.012
947.013
947.06
948.01
948.09
948.10
948.11(1)(b),
(2)(b)
948.40
948.51(1),
(2), (3)(a)
948.60
948.61(1),
(2)(a)
948.63
951.01
951.015
951.02
951.03
951.04
951.05
951.06
951.07
951.08
951.09
Computer Crimes
Public Fornication
Sexual Gratification
Lewd and Lascivious Behavior
Obscene Material or Performance
Making Lewd, Obscene or Indecent Drawings
Prostitution
Patronizing Prostitutes
Pandering
Definitions Relating to Gambling
Gambling
Permitting Premises to be Used for Commercial Gambling
Refusing to Aid Officer
Resisting or Obstructing Officer
Escape
Encouraging Violation of Probation, Extended Supervision or Parole
Falsely Assuming to Act as Public Officer or Employee or Utility
Employee
Impersonating Peace Officers
Tampering With Public Records and Notices
Disorderly Conduct
Unlawful Use of Telephone
Harassment
Unlawful Assemblies
Definitions Relating to Crimes Against Children
Sexual Intercourse With a Child Age 16 or Older
Exposing Genitals or Pubic Area
Exposing a Child to Harmful Material
Contributing to the Delinquency of a Child
Hazing
Possession of a Dangerous Weapon by a Person Under 18
Dangerous Weapons Other Than Firearms on School Premises
Receiving Property From a Child
Definitions Relating to Crimes Against Animals
Construction and Application
Mistreating Animals
Dognapping or Catnapping
Leading Animal from Motor Vehicle
Transportation of Animals
Use of Poisonous and Controlled Substances
Use of Certain Devices Prohibited
Instigating Fights Between Animals
Shooting at Caged or Staked Animals
951.10
951.11
951.13
951.14
951.15
Sale of Baby Rabbits, Chicks and Other Fowl
Artificially Colored Animals; Sale
Providing Proper Shelter
Abandoning Animals
SEC. 11-1-2 PENALTIES; ATTEMPT; PARTIES TO ACTS.
a) Penalty. In addition to the general penalty provisions of this Code in Section 1-1-6 or any
other penalty imposed for violation of any Section of this Title, any person who shall cause
physical damage to or destroy any public property shall be liable for the cost of replacing or
repairing such damaged or destroyed property. The parent or parents of any unemancipated
juvenile who violates Section 11-3-1 may also be held liable for the cost of replacing or
repairing such damaged or destroyed property in accordance with the Wisconsin Statutes.
Nothing in this Code of Ordinances shall prevent the Police Department from referring
violations of the provisions of this Title to the District Attorney’s office in the interest of
justice.
b) Attempt.
1) Whoever attempts to commit an act prohibited by Title 11 of the Code of Ordinances of
the Town may be required to forfeit amounts not to exceed one-half (1/2) the maximum
penalty for the completed act.
2) An attempt to commit an act prohibited by the ordinances in Title 11 requires that the
actor have an intent to perform acts and attain a result which, if accomplished, would
constitute a violation of these ordinances and that he/she does acts towards the
commission of the violation which demonstrate unequivocally, under all the
circumstances, that he/she formed that intent and would commit the violation except for
the intervention of another person or some other extraneous factor.
c) Parties to Acts Prohibited in Title 11.
1) Whoever is concerned in the commission of an act prohibited by Title 11 of this Code of
Ordinances, is a principle and may be charged with and convicted of the commission of
said act although he/she did not directly commit it and although the person who directly
committed it has not been convicted of some other act prohibited by these ordinances.
2) A person is concerned in the commission of an act prohibited by these
ordinances if he/she:
a. Directly commits the act; or
b. Intentionally aids and abets the commission of it; or
c. Is a party to a conspiracy with another to commit it or advises, hires, counsels or
otherwise procures another to commit it. Such party is also concerned in the
commission of any other act which is committed in pursuance of the intended
violation and which, under the circumstances, is the natural and probable
consequence of the intended violation. This paragraph does not apply to a person who
voluntarily changes his/her mind and no longer desires that the act be committed and
notifies the other parties concerned of his/her withdrawal within a reasonable time
before the commission of the violation so as to allow the others also to withdraw.
CHAPTER 2
Offenses Against Public Safety and Peace
11-2-1
11-2-2
11-2-3
11-2-4
11-2-5
Discharge of Firearms
Sale and Discharge of Fireworks Restricted
Loitering Prohibited
Disorderly Conduct
Obscenity
SEC. 11-2-1 DISCHARGE OF FIREARMS.
Applicable state statutes shall be followed regarding the discharge of firearms in the Town.
SEC. 11-2-2 SALE AND DISCHARGE OF FIREWORKS RESTRICTED.
No person shall use, keep, discharge or explode any fireworks except toy pistol paper caps,
sparklers and toy snakes within the limits of the Town unless he shall be authorized by a
fireworks permit as provided in Title 7 of this Code of Ordinances. The term “fireworks” as used
in this Section shall be defined as provided in Sec. 167.10(1), Wis. Stats. and shall be deemed to
include all rockets or similar missiles containing explosive fuel.
SEC. 11-2-3 LOITERING PROHIBITED.
a) General Regulation of Loitering or Prowling. No person shall loiter or prowl in a place, at
a time or in a manner not usual for law abiding individuals under circumstances that warrant
alarm for the safety of persons or property in the vicinity. Among the circumstances which
may be considered in determining whether such alarm is warranted is the fact that the person
takes flight upon appearance of a police or peace officer, refuses to identify himself or
manifestly endeavors to conceal himself or any object. Unless flight by the person or other
circumstances makes it impracticable, a law enforcement officer shall, prior to any arrest for
an offense under this Section, afford the person an opportunity to dispel any alarm which
would otherwise be warranted, by requesting him/her to identify himself and explain his/her
presence and conduct. No person shall be convicted of an offense under this Subsection if the
law enforcement officer did not comply with the preceding sentence, or if it appears at trial
that the explanation given by the person was true and, if believed by the law enforcement
officer at the time, would have dispelled the alarm.
b) Public Property Loitering Prohibited.
1) No person shall loiter in or about any public street, public sidewalk, street crossing, alley,
bridge, public parking lot or other place of assembly or public use after being requested
to move by any law enforcement officer.
2) Upon being requested to move, a person shall immediately comply with such request by
leaving the premises or area thereof at the time of the request.
c) Private Property Loitering Prohibited.
1) No person shall loiter in or about any private premises or adjacent doorways or entrances
or upon private property held out for public use, including, but not limited to, business or
industry parking lots or shopping malls without invitation from the owner or occupant or
by any person in authority at such places.
2) Upon being requested to move by any such person in authority or by any law
enforcement officer, a person shall immediately comply with such request by leaving the
premises or area thereof at the time of the request.
d) Loitering or Prowling Prohibited. No person shall loiter or prowl in a place, at a time or in
a manner not usual for law abiding individuals under circumstances that warrant alarm for
the safety of persons or property in the vicinity. Among the circumstances which may be
considered in determining whether such alarm is warranted is the fact that the person takes
flight upon appearance of a law enforcement officer, refuses to identify himself/herself or
manifestly endeavors to conceal himself or any object. Unless flight by the person or other
circumstances makes it impracticable, a law enforcement officer shall, prior to any arrest for
an offense under this Section, afford the person an opportunity to dispel any alarm which
would otherwise be warranted, by requesting him/her to identify himself and explain his
presence and conduct. No person shall be convicted of an offense under this Subsection if the
law enforcement officer did not comply with the preceding sentence, or if it appears at trial
that the explanation given by the person was true and, if believed by the law enforcement
officer at the time, would have dispelled the alarm.
e) Loitering by Underage Persons Where Alcohol Beverage is Dispensed.
1) Underage Persons and Intoxicants. No underage person shall enter, remain or loiter in
any public or private place where any fermented malt beverage or other alcohol beverage
is sold, dispensed, given away or made available, unless accompanied by a parent,
guardian or spouse who has attained the legal drinking age.
2) Permitting Loitering Permitted. No person of legal drinking age shall permit any
underage person to enter, remain or loiter in any premises, public or private, where
fermented malt beverages or other alcohol beverages are served, sold, dispensed, given
away or made available, unless such underage person is accompanied by a parent,
guardian or spouse who has attained the legal drinking age.
f) Definitions. As used in this Section, the following terms shall have the following meanings,
unless the context clearly indicates that a different meaning is intended:
1) Loiter. To sit, stand, loaf, lounge, wander or stroll in an aimless manner or to stop, pause
or remain in an area for no obvious reason.
2) Nuisance. Unnecessary conduct which may tend to annoy, intimidate, threaten or
otherwise disturb another in or about any public Street, sidewalk, bridge or public ground
which is offensive to the public morals or decency of the citizens of the Town.
3) Prowl. To move or roam about furtively, particularly on the property of another person.
SEC. 11-2-4 DISORDERLY CONDUCT.
a) Disorderly Conduct Prohibited. No person within the Town shall:
1) In any public or private place engage in violent, noisy, riotous, abusive, indecent,
profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to
cause or provoke an immediate disturbance of public order or tends to annoy or disturb
any other person.
2) Intentionally cause, provoke or engage in any fight, brawl, riot or noisy altercation other
than a bona fide athletic contest.
b) Disorderly Conduct With Motor Vehicle. No person shall make unnecessary and annoying
noises with a motor vehicle, including motorcycles and all-terrain vehicles, by squealing
tires, excessive acceleration of the engine or by emitting unnecessary and loud muffler noise.
c) Defecating or Urinating in Public Places. It shall be unlawful for any person to defecate or
urinate outside of designed sanitary facilities, upon any sidewalk, street, alley, public parking
lot, park, playground, cemetery or other public area within the Town, or upon any private
property in open view of the public, or in the halls, stairways or elevators of public or
commercial buildings, or to indecently expose his/her person.
SEC. 11-2-5 OBSCENITY.
a) Distribution of Obscene Material Prohibited. It shall be unlawful for any person to send or
cause to be sent, bring or cause to be brought into the Town, for sale or distribution, or for
any person in the Town to prepare, publish, print, exhibit, distribute or offer to distribute, or
have in his possession with intent to distribute or to exhibit or offer to distribute, any material
that such person knows to be “obscene” as hereinafter defined.
b) Definitions.
1) The word “obscene” shall apply to any work or material that depicts or describes acts of:
sexual intercourse between humans, normal or perverted, actual or simulated; acts of
masturbation; fellatio; cunnilingus; acts of a sexually stimulated condition; and sexual
relations between humans and animals, any of which taken as a whole by the average
person applying contemporary community standards would be found to:
a. Appeal to the prurient interest in sex; and
b. Portray sexual conduct in a patently offensive way; and which, taken as a whole
by the average person applying contemporary national standards, would be found
not be have serious literary, artistic, political or scientific value.
2) The word “material” or “work” shall mean any book, magazine, newspaper, or other
printed or written material, or any picture, drawing, photograph, motion picture, video
tape, or other pictorial representation.
3) The word “person” shall mean any individual, partnership, firm, association, corporation
or other legal entity.
4) The word “distribute” shall mean any transfer or possession with intent to transfer,
whether with or without consideration.
5) The word “know” shall mean being aware, or having reason to be aware, of the nature of
the materials alleged to be obscene.
CHAPTER 3
Offenses Against Property
11-3-1
11-3-2
11-3-3
11-3-4
11-3-5
11-3-6
11-3-7
Destruction of Property Prohibited
Littering Prohibited
Abandoned Refrigerators Prohibited
Trespass
Damage to Public Property
Cemetery Regulations
Penalties
SEC. 11-3-1 DESTRUCTION OF PROPERTY PROHIBITED.
a) Destruction of Property. No person shall willfully injure or intentionally deface, destroy or
unlawfully remove, take or meddle with any property of any kind or nature within the Town
and belonging to the Town or its departments, or to any private person, without the consent
of the owner or proper authority.
b) Parental Liability. Pursuant to Sec. 895.035, Wis. Stats., the parents of an unemancipated
minor shall be liable for the damage of property caused by the willful, malicious or wanton
act of such child; such liability shall not exceed Two Thousand Five Hundred Dollars
($2,500.00).
SEC. 11-3-2 LITTERING PROHIBITED.
a) Littering Prohibited. No person shall throw any glass, refuse or waste, filth or other litter
upon the streets, alleys, highways, public parks, public right-of-ways, or other property of the
Town, or upon any private person or the surface of any body of water within the Town.
b) Litter From Conduct of Commercial Enterprise.
1) Scope. The provisions of this Subsection shall apply to all sales, promotions and other
commercial ventures that result in litter being deposited on any street, alley or other
public way.
2) Cleanup of Litter. Any person, firm, corporation or association carrying on an enterprise
that results in litter being deposited on any street, alley or other public way shall clean up
the same within twenty-four (24) hours of the time the same is deposited or immediately
if such litter or debris presents a traffic or safety hazard. If any such litter is subject to
being blown about, it shall be picked up immediately. If any such litter is likely to attract
animals or vermin, such litter shall be picked up immediately.
3) Litter Picked Up at Litterer’s Expense. If any person, firm, corporation or association
fails to pick up any litter as required by Subsection (b)(1) within the time specified, the
Town shall arrange to have the same picked up by Town crews or by private enterprise.
Applicable bidding procedures shall be used for any arrangement for the use of private
enterprise to pick up such litter. The entire expense of picking up such litter, together
with and additional charge of twenty percent (20%) for administrative expenses, shall be
charged to the person, firm, corporation or association that did the littering. If such sum is
not promptly paid, steps shall be taken, with the advice of the Town Attorney’s office, to
collect the same. This charge shall be in addition to any forfeiture or other penalty for
violation of this Section.
c) Dumping of Refuse and Grass Along Roads. Except for temporary placement up to six (6)
hours, no person shall deposit any refuse, leaves or grass clippings in any gutter along any
public street, road, alley, public right-of-way or highway.
d) Depositing of Materials Prohibited. Except as provided in Subsection (c), it shall be
unlawful for any person to deposit, cause or permit to be deposited, placed or parked any
vegetation, earth, sand, gravel, water, snow, ice, debris, waste material, foreign substance,
construction materials, equipment or object upon any street, sidewalk or public property
without authorization of the Town Board, or its designee, pursuant to the provisions of this
Code of Ordinances, or upon any private property without the consent of the owner or lessee
of the property. Any person who deposits, causes or permits to be deposited, placed or parked
any such materials, equipment or objects upon any street, sidewalk or property shall be
responsible to properly mark or barricade the area so as to prevent a safety hazard.
e) Handbills.
1) Scattering Prohibited. It shall be unlawful to deliver any handbills or advertising material
to any premises in the Town except by being handed to the recipient, placed on the porch,
stoop or entrance way of the building, placed in newspaper boxes, or firmly affixed to a
building so as to prevent any such articles from being blown about, becoming scattered or
in any way causing litter.
2) Papers in Public Places Prohibited. It shall be unlawful to leave any handbills, advertising
material or newspapers unattended in any Street, alley, public building or other public
place, provided that this shall not prohibit the sale of newspapers in vending machines.
3) Advertisements Upon Public or Private Property. No person shall place any
advertisement upon any public property or any street, alley or public ground or upon any
private property situated and fixed in any street, alley or public ground or upon any other
private property, except by the permission of the owner thereof, but this Section shall not
apply to the posting of notices required by law.
SEC. 11-3-3 ABANDONED REFRIGERATORS PROHIBITED.
No person shall leave or permit to remain outside of any dwelling, building or other structure, or
within any unoccupied or abandoned building, dwelling or other structure under his control in a
place accessible to children any abandoned, unattended or discarded freezer, refrigerator or other
container which has an airtight door or lid, snap lock or other locking device which may not be
released from the inside without first removing said door or lid, snap lock or other locking device
from said ice box, refrigerator or container, unless such container is displayed for sale on the
premises of the owner or his agent and is securely locked or fastened.
SEC. 11-3-4 TRESPASS.
a) Purpose. This Section is created for the purposes of securing to the residents of the Town
their rights to enjoyment and use of land and property by providing an efficient and orderly
method of enforcement of such rights. This ordinance is enacted under the authority of
sections of the Wisconsin Statutes and acts amendatory thereto.
b) Short Title. This Section may be referred to and cited as the Town of Fond du Lac Trespass
Ordinance.
c) Violations. It shall be unlawful and a violation of this Section for any person to commit any
of the following acts:
1) Enter upon any enclosed or cultivated land of another with intent to catch or kill any
birds, animals, or fish on such land or gather any products of the soil without the express
or implied consent of the owner or occupant to engage in any such activities.
2) To enter or remain on any land of another after having been notified by the owner or
occupant not to enter or remain on such premises.
3) To hunt, shoot, fish, or gather any product of the soil on the premises of another, or enter
said premises with intent to do any of the foregoing after having been notified by the
owner or occupant not to do so.
4) To enter upon any enclosed or cultivated land or another with a vehicle of any kind
without the express or implied consent of the owner or occupant.
5) To erect upon the land of another any sign which is the same as or similar to the type of
sign described in Subsection (d), unless authorized to do so by the owner of the lands
involved.
d) Posting of Lands. For lands to be posted against entry by another under this Section, a sign
at least eleven (11) inches square must be placed in at least two (2) conspicuous places for
every forty (40) acres sought to be protected. The sign must carry an appropriate notice and
the name of the person giving the notice followed by the word “owner” if the person giving
the notice is the holder of legal title to the land and by the word “occupant” if the person
giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that
appropriate signs as herein provided were erected or in existence upon the premises to be
protected within six (6) months prior to the event complained of shall be prima facie proof
that the premises to be protected were posted as herein provided.
e) How Entry Denied. A person has received notice from the owner or occupant within the
meaning of this Section if he has been notified personally, either orally or in writing, or if the
land is posted.
f) Failure to Post. The failure of any person or occupant to post his or her lands shall not be
deemed to constitute consent of such owner or occupant to any uninvited entry by another.
Any entry by a person other than the lawful owner or lawful occupant of land or building
shall constitute a violation of this ordinance if such entry is made under circumstances
tending to create or provoke breach of the peace.
SEC. 11-3-5 DAMAGE TO PUBLIC PROPERTY.
a) Damaging Public Property. No person shall climb any tree or pluck any flowers or fruit,
wild or cultivated, or break, cut down, trample upon, remove, or in any manner injure or
deface, write upon, defile or ill use any tree, shrub, flower, flower bed, turf, fountain,
ornament, statue, building, fence, apparatus, bench, table, official notice, sign, bridge,
structure or other property within any park or parkway, or in any way injure, damage or
deface any public building, sidewalk or other public property in the Town.
b) Breaking of Street Lamps or Windows. No person shall break glass in any street lamps or
windows of any building owned or occupied by the Town.
SEC. 11-3-6 CEMETERY REGULATIONS.
a) Purpose and Definition. In order to protect cemetery areas within the Town from injury,
damage or desecration, these regulations are enacted. The term “cemetery” as hereinafter
used in this Section shall include all cemetery property, grounds, equipment and structures,
both privately and publicly owned, which are located within the Town.
b) Authority to Establish Rules and Regulations. The cemetery property owner shall have the
authority to establish reasonable rules and regulations to regulate and govern the operation of
any cemetery in accordance with state law and this Code of Ordinances. The cemetery
property owner shall reserve the right to prohibit and regulate the planting or placement of
any flowers, plants, vines, shrubs, trees, flower pots, urns or other objects on cemetery
property. Placements of any such plantings, containers or objects shall be in accordance with
established regulations of the cemetery property owner.
c) Specific Regulations.
1) Disturbing Cemetery Property. No person shall cut, remove, damage or carry away any
flowers, plants, vines, shrubs or trees from any cemetery lot or property, except the owner
of the cemetery lot or a person with the cemetery lot owner’s consent or any cemetery
employee or representative engaged in official cemetery duties for the cemetery owner;
nor shall any person without proper authority remove, deface, mark or damage in any
manner any cemetery markers, headstones, monuments, fences or structures; nor shall
any person without proper authority remove, damage or destroy any vases, flower pots,
urns or other objects which have been placed on any cemetery lot; nor shall any person
move or remove any cemetery equipment without the owner’s consent.
2) Protection of Cemetery Property. No person shall trap in any cemetery without specific
written authorization of the owner; nor shall any person kill, injure or disturb or attempt
to injure or disturb any animals, birds or waterfowl, wild or domestic, within any
cemetery in any manner except as provided by this Code of Ordinances; nor shall any
person climb any tree, break, cut down, trample upon, remove or in any manner injure,
deface, write upon or in any manner damage any tree, shrub, flower, flower bed, turf,
grassy area, soil, building, structure, equipment, official notice, sign or other property
within any cemetery.
3) Motor Vehicles. Motor vehicles are restricted to the roads and drives and parking areas.
Except for authorized maintenance vehicles, no person shall operate an unlicensed or
licensed motorized vehicle on any cemetery property outside of areas specifically
designated as parking areas or areas where the operation of such vehicles is specifically
permitted. It shall be unlawful for a person to engage in any off-roadway operation of a
motorized vehicle on cemetery property without the owner’s consent.
4) Speed Limit. No person shall operate any motorized vehicle in any cemetery in excess of
fifteen (15) miles per hour unless otherwise posted.
5) Parking. No person, without the owner’s consent, shall park any motor vehicle in any
cemetery on any grassy or seeded area or upon any location except a designated parking
area; nor shall any person park a motor vehicle on cemetery property for any purpose
except engaging in official cemetery business. Any unlawfully parked motor vehicle may
be towed or removed by the cemetery property owner at the vehicle owner’s expense.
6) Littering Prohibited. No person shall litter, dump or deposit any rubbish, refuse, earth or
other material in any cemetery without the owner’s consent.
7) Pets Prohibited. Pets, including animals of any species, are prohibited in any cemetery
without the cemetery owner’s consent.
8) Sound Devices. No person shall operate or play any amplifying system or sound device
in any cemetery without the owner’s consent.
9) Authorized Notices. No person shall post, paste, fasten, paint or attach any placard, bill,
notice, sign or advertising matter upon any structure, tree or other natural object in any
cemetery, except under these regulations. No person shall remove, deface or damage in
any manner any official sign or notice posted in any cemetery.
10) Loitering Prohibited. No person shall loiter or cause a nuisance or engage in any sport or
exercise on any cemetery property without the owner’s consent.
11) Alcoholic Beverages Prohibited. No person shall consume or have in his possession any
open container containing an alcohol beverage upon any cemetery property within the
Town unless the property is specifically named as being part of a licensed premises.
12) Play Vehicles Prohibited. No person shall operate or make use of a play vehicle upon any
cemetery property without the owner’s consent. As used in this Section, a play vehicle
shall mean any coaster, skateboard, roller skates, sled, toboggan, unicycle, or toy vehicle
upon which a person may ride.
13) Presence After Hours Prohibited. No person shall be present upon any cemetery property
without the owner’s consent during posted hours when the cemetery is not open to the
public.
SEC. 11-3-7
PENALTIES.
In addition to the general penalty of this Code in Section 1-1-6 or any other penalty imposed for
violation of any Section of this Chapter, any person who shall cause physical damage to or
destroy any public property shall be liable for the cost of replacing or repairing such damaged or
destroyed property. The parent or parents of any unemancipated minor child who violates
Section 11-3-1 may also be held liable for the cost of replacing or repairing such damaged or
destroyed property in accordance with the Wisconsin Statutes. Nothing in this Code of
Ordinances shall prevent law enforcement officers from referring violations of the provisions of
this Title to the District Attorney’s office in the interest of justice.
CHAPTER 4
Offenses Involving Alcoholic Beverages
11-4-1
11-4-2
11-4-3
11-4-4
11-4-5
11-4-6
11-4-7
11-4-8
Sale to Underage or Intoxicated Persons Restricted
Underage Persons’ Presence in Places of Sale; Penalty
Underage Persons; Prohibitions; Penalties
Defense of Sellers
Persons Who Have Attained the Legal Drinking Age;
False or Altered Identification Cards
Possession of Alcohol Beverages on School Grounds
Adult Permitting or Encouraging Underage Violation
SEC. 11-4-1 SALE TO UNDERAGE OR INTOXICATED PERSONS RESTRICTED.
a) Sales of Alcohol Beverages to Underage Persons.
1) No person may procure for, sell, dispense or give away any fermented malt beverages to
any underage person not accompanied by his or her parent, guardian or spouse who has
attained the legal drinking age, or procure for, sell, dispense or give away any
intoxicating liquor to any underage person.
2) No license or permittee may sell, vend, deal or traffic in fermented malt beverages to or
with any underage person not accompanied by his or her parent, guardian or spouse who
has attained the legal drinking age or sell, vend, deal or traffic in intoxicating liquor to or
with any underage person.
b) Penalties. A person who commits a violation of Subsection (a) above is subject to a
forfeiture of:
1) Not more than Five Hundred Dollars ($500.00) if the person has not committed a
previous violation within twelve (12) months of the violation; or
2) Not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars
($500.00) if the person has committed a previous violation within twelve (12) months of
the violation.
3) In addition to the forfeitures provided in Subsections (1) and (2) above, a court shall
suspend any license issued under Title 7 of this Code to a person violating this Section
pursuant to Sec. 125.07(1)(b)3, Wis. Stats.
c) Sale of Alcohol Beverages to Intoxicated Persons.
1) No person may procure for, sell, dispense or give away alcohol beverages to a person
who is intoxicated.
2) No licensee or permittee may sell, vend, deal or traffic in alcohol beverages to or with a
person who is intoxicated.
d) Penalties. Any person who violates Subsection (c) above shall be subject to a forfeiture of
not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).
SEC. 11-4-2 UNDERAGE PERSONS’ PRESENCE IN PLACES OF SALE; PENALTY.
a) Restrictions. An underage person not accompanied by his or her parent, guardian or spouse
who has attained the legal drinking age may not enter or be on any premises for which a
license or permit for the retail sale of alcohol beverages has been issued for any purpose
except the transaction of business pertaining to the licensed premises with or for the licensee
or his or her employee. The business may not be amusement or the purchase, receiving or
consumption of edibles or beverages or similar activities which normally constitute activities
of a customer of the premises. This paragraph does not apply to:
1) An underage person who is a resident, employee, lodger or boarder on the premises
controlled by the proprietor, licensee or permittee of which the licensed premises consists
or is a part.
2) An underage person who enters or is on a “Class A” retail intoxicating liquor premises
for the purpose of purchasing edibles or beverages other than alcohol beverages. An
underage person so entering the premises may not remain on the premises after the
purchase.
3) Hotels, drug stores, grocery stores, bowling alleys, cars operated by any railroad,
regularly established athletic fields, stadiums or public facilities as defined in Sec.
125.51(5)(b)1.d, Wis. Stats., which are owned by a county or municipality.
4) Premises in the state fair park, concessions authorized on state-owned premises in the
state parks and state forests as defined or designated in Chs. 27 and 28, Wis. Stats., and
parks owned or operated by agricultural societies.
5) Ski chalets, golf clubhouses and private tennis clubs.
6) Premises operated under both a Class “B” alcoholic beverage or “Class B” fermented
malt beverage license or permit and a restaurant permit where the principal business
conducted is that of a restaurant. If the premises are operated under both a Class “B”
alcoholic beverage or “Class B” fermented malt beverage license or permit and a
restaurant permit, the principal business conducted is presumed to be the sale of alcohol
beverages, but the presumption may be rebutted by competent evidence.
7) An underage person who enters or remains on a Class “B” alcoholic beverage or “Class
B” fermented malt beverage premises for the purpose of transacting business at an
auction or market as defined in Sec. 125.07(3)(7), Wis. Stats., if the person does not enter
or remain in a room where alcohol beverages are sold or furnished.
8) An underage person who enters or remains in a room on Class “B” alcoholic beverage or
“Class B” fermented malt beverage licensed premises separate from any room where
alcohol beverages are sold or served for the purpose of engaging in marching or drilling
with a group of other persons if no alcohol beverages are furnished or consumed by any
person in the room where the underage person is present and the presence of underage
persons is authorized under this Subsection. An underage person may enter and remain
on Class “B” alcoholic beverage or “Class B” fermented malt beverage premises under
this Subsection only if the municipality which issued the Class “B” alcoholic beverage or
“Class B” fermented malt beverage license adopts an ordinance permitting underage
persons to enter and remain on the premises as provided in this Subsection and the law
enforcement agency responsible for enforcing the ordinance issues to the Class “B”
alcoholic beverage or “Class B” fermented malt beverage licensee a written authorization
permitting underage persons to be present under this Subsection on the date specified in
the authorization. Before issuing the authorization, the law enforcement agency shall
make a determination that the presence of underage persons on the licensed premises will
not endanger their health, welfare or safety or that of other members of the community.
The licensee shall obtain a separate authorization for each date on which underage
persons will be present on the premises.
b) Penalties. A licensee or permittee who directly or indirectly permits an underage person to
enter or be on a licensed premises in violation of Subsection (a) is subject to a forfeiture of
not more than Five Hundred Dollars ($500.00).
SEC. 11-4-3 UNDERAGE PERSONS; PROHIBITIONS; PENALTIES.
a) Any underage person who does any of the following is guilty of a violation:
1) Procures or attempts to procure alcohol beverages.
2) Knowingly possesses or consumes intoxicating liquor.
3) Enters or is on licensed premises in violation of Section 11-4-2(a).
4) Falsely represents his or her age for the purpose of receiving alcohol beverages from a
licensee or permittee.
b) Any underage person not accompanied by his or her parent, guardian or spouse who has
attained the legal drinking age who knowingly possesses or consumes fermented malt
beverage is guilty of a violation.
c) Any person violating Subsections (a) or (b) is subject to the following penalties:
1) For a first violation, a forfeiture of not more than Fifty Dollars ($50.00), suspension of
the person’s operating privilege as provided under Sec. 343.30(6)(b)1, Wis. Stats.,
participation in a supervised work program under Subsection (d) or any combination of
these penalties.
2) For a violation committed within twelve (12) months of a previous violation, either a
forfeiture of not more than One Hundred Dollars ($100.00), suspension of the person’s
operating privilege as provided under Sec. 343.30(6)(b)2, Wis. Stats., participation in a
supervised work program under Subsection (d) or any combination of these penalties.
3) For a violation committed within twelve (12) months of two (2) or more previous
violations, either a forfeiture of not more than One Hundred Fifty Dollars ($150.00),
revocation of the person’s operating privilege under Sec. 343.30(6)(b)3, Wis. Stats.,
participation in a supervised work program under Subsection (d) or any combination of
these penalties.
d) (1) If the Court orders a person to participate in a supervised work program under Subsection
(d), the Court shall set standards for the program within the budgetary limits established by
the Town Board. The program may provide the person with reasonable compensation
reflecting the market value of the work performed, or it may consist of uncompensated
community service work and shall be administered by the County Department of Public
Welfare or a community agency approved by the court.
2) The supervised work program shall be of a constructive nature designed to promote the
person’s rehabilitation, shall be appropriate to the person’s age level and physical ability
and shall be combined with counseling from an agency staff member or other qualified
person. The program may not conflict with the person’s regular attendance at school. The
amount of work required shall be reasonably related to the seriousness of the person’s
offense.
e) When a court revokes or suspends a person’s operating privilege under Subsection (c), the
Department of Transportation may not disclose information concerning or relating to the
revocation or suspension to any person other than a court, district attorney, county
corporation counsel, city, village or town attorney, law enforcement agency or the person
whose operating privilege is revoked or suspended. A person entitled to receive information
under this paragraph may not disclose the information to any other person or agency.
f) Subsections (a) and (b) do not prohibit an underage person employed by a licensee or
permittee from possessing fermented malt beverages during the brewing process or for sale
or delivery to customers.
g) Subsections (a) and (b) do not prohibit an underage person employed by a brewery, a winery
or a facility for the rectifying or manufacture of intoxicating liquor or the production of fuel
alcohol from possessing alcohol beverages during regular working hours and in the course of
employment.
SEC. 11-4-4 DEFENSE OF SELLERS.
a) Defenses. Proof of the following facts by a seller of alcohol beverages to an underage person
is a defense to any prosecution for a violation of this Section:
1) That the purchaser falsely represented in writing and supported with other documentary
proof that he or she had attained the legal drinking age.
2) That the appearance of the purchaser was such that an ordinary and prudent person would
believe that the purchaser had attained the legal drinking age.
3) That the sale was made in good faith and in reliance on the written representation and
appearance of the purchaser in the belief that the purchaser had attained the legal drinking
age.
b) Book Kept by Licensees and Permittees. Every retail alcohol beverage licensee or
permittee shall cause a book to be kept for the purpose of this Subsection. The licensee or
permittee or his or her employee shall require any person who has shown documentary proof
that he or she has attained the legal drinking age to sign the book if the person’s age is in
question. The book shall show the date of the purchase of the alcohol beverages, the
identification used in making the purchase, the address of the purchaser and the purchaser’s
signature.
State Law Reference: Sec. 125.07(6) and (7), Wis. Stats.
SEC. 11-4-5 PERSONS WHO HAVE ATTAINED THE LEGAL DRINKING AGE;
FALSE OR ALTERED IDENTIFICATION CARDS.
a)
1) Any person who has attained the legal drinking age, other than one authorized by Sec.
125.08, Wis. Stats., who makes, alters or duplicates an official identification card may be
fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00)
or imprisoned not less than ten (10) days nor more than thirty (30) days or both.
2) Any person who has attained the legal drinking age who, in applying for an identification
card, presents false information to the issuing officer may be fined not less than Fifty
Dollars ($50.00) nor more than One Hundred Dollars ($100.00) or imprisoned not more
than ten (10) days or both.
b) Any underage person who does any of the following is subject to the penalties specified
under Section 11-4-3(c) or (d):
1) Intentionally carries an official identification card not legally issued to him or her, an
official identification card obtained under false pretenses or an official identification card
which has been altered or duplicated to convey false information. A law enforcement
officer shall confiscate any card that violates this Subsection.
2) Makes, alters or duplicates an official identification card.
3) Presents false information to an issuing officer in applying for an official identification
card.
SEC. 11-4-6 POSSESSION OF ALCOHOL BEVERAGES ON SCHOOL GROUNDS
PROHIBITED.
a) In this Subsection:
1) “Motor vehicle” means a motor vehicle owned, rented or consigned to a school.
2) “School” means a public, parochial or private school which provides an educational
program for one (1) or more grades between grades 1 and 12 and which is commonly
known as an elementary school, middle school, junior high school, senior high school or
high school.
3) “School administrator” means the person designated by the governing body of a school as
ultimately responsible for the ordinary operations of a school.
4) “School premises” means premises owned, rented or under the control of a school.
b) Except as provided by Subsection (c) no person may possess or consume alcohol beverages:
1) On school premises;
2) In a motor vehicle, if a pupil attending the school is in the motor vehicle; or
3) While participating in a school-sponsored activity.
c) Alcohol beverages may be possessed or consumed on school premises, in motor vehicles or
by participants in school-sponsored activities if specifically permitted in writing by the
school administrator consistent with applicable laws and ordinances.
d) A person who violates this Section is subject to a forfeiture of not more than Two Hundred
Dollars ($200.00), except as otherwise provided by Wisconsin Statutes and except that and
Section 11-4-3(c) and (d) of this Code of Ordinances provide the penalties applicable to
underage persons.
SEC. 11-4-7 ADULT PERMITTING OR ENCOURAGING UNDERAGE
VIOLATION.
a) No adult may knowingly permit or fail to take action to prevent the illegal consumption of
alcohol beverages by an underage person on premises owned by the person or under the
person’s control. This Subsection does not apply to alcohol beverages used exclusively as
part of a religious service.
b) No adult may intentionally encourage or contribute to a violation of Section 11-4-3(a) or (b).
c) A person who violates this Section is subject to a forfeiture of not more than Two Hundred
Dollars ($200.00).
State Law Reference: Sec. 125.07(1)(a)3 and 4, Wis. Stats.
SEC. 11-4-8 SOLICITATION OF DRINKS PROHIBITED.
Any licensee, permittee or bartender of a retail alcohol beverage establishment covered by a
license or permit issued by the Town who permits an entertainer or an employee to solicit a drink
of any alcohol beverage defined in Section 125.02(1) of the Wisconsin Statutes, or any other
drink from a customer on the premises, or any entertainer or employee who solicits such drinks
from any customer is deemed in violation of this Section.
CHAPTER 5
Offenses by Juveniles
11-5-1
11-5-2
Town Jurisdiction Over Juveniles
SEC. 11-5-1 TOWN JURISDICTION OVER JUVENILES.
a) Adoption of State Statutes. Sections 938.02, and 938.17(2), Wis. Stats., are hereby adopted
and by reference made a part of this Section as if fully set forth herein.
b) Definition of Adult and Juvenile.
1)
“Adult” means a person who is eighteen (18) years of age or older, except that for
purposes of prosecuting a person who is alleged to have violated any civil law or
municipal ordinance, “adult” means a person who has attained seventeen (17) years
of age.
2)
“Juvenile” means a person who is less than eighteen (18) years of age, except that for
purposes of prosecuting a person who is alleged to have violated a civil law or
municipal ordinance, “juvenile” does not include a person who has attained
seventeen (17) years of age.
c) Provisions of Ordinance Applicable to Juveniles. Subject to the provisions and limitations
of Sec. 938.17(2), Wis. Stats., complaints alleging a violation of any provision of this Code
of Ordinances against juveniles may be brought on behalf of the Town and may be
prosecuted utilizing the same procedures in such cases as are applicable to adults charged
with the same offense.
d) No Incarceration as Penalty. The Court shall not impose incarceration as a penalty for any
person convicted of an offense prosecuted under this Section.
e) Additional Prohibited Acts. In addition to any other provision of the Town Code of
Ordinances, no juvenile 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
f) Penalty for Violations of Subsection (d). Any juveniles who violate the provisions of
Subsection (d) shall be subject to the same penalties as are provided in Section 1-1-6 of these
Ordinances exclusive of the provisions therein relative to commitment in the County Jail.
SEC. 11-5-2 ENFORCEMENT AND PENALTIES.
a) Citation Process. Juveniles may be cited by the citation process on a form approved by the
Town Attorney and shall contain on the reverse side the penalties that the juvenile may
receive simultaneously with issuing the citation to the juvenile. A copy will be mailed to the
parent or legal guardian.
b)
Penalties. Violations by a person under the age of eighteen (18) shall be punishable
according to Sections 938.17(2), 938.343, 938.344 and 938.345, Wis. Stats. Nothing in this
Section shall prevent the juvenile officer, in his discretion, from referring cases directly to the
District Attorney’s office.
CHAPTER 6
Public Nuisances
11-6-1
11-6-2
11-6-3
11-6-4
11-6-5
11-6-6
11-6-7
Public Nuisances Prohibited
Public Nuisances Defined
Public Nuisances Affecting Health
Public Nuisances Offending Morals and Decency
Public Nuisances Affecting Peace and Safety
Abatement of Public Nuisances
Cost of Abatement
SEC. 11-6-1 PUBLIC NUISANCES PROHIBITED.
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance
within the Town.
SEC. 11-6-2 PUBLIC NUISANCE DEFINED.
A public nuisance is a thing, act, occupation, condition or use of property which shall continue
for such length of time as to:
a) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public;
b) In any way render the public insecure in life or in the use of property;
c) Greatly offend the public morals or decency;
d) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous
for passage any street, alley, highway, navigable body of water or other public way or the use
of public property;
e) Any condition or use of premises or of building exteriors which is detrimental to the property
of others or which causes or tends to cause substantial diminution in the value of other
property in the neighborhood in which such premises are located.
SEC. 11-6-3 PUBLIC NUISANCES AFFECTING HEALTH.
The following acts, omissions, places, conditions and things are hereby specifically declared to
be public health nuisances, but such enumeration shall not be construed to exclude other health
nuisances coming within the definition of Section 11-6-2:
a) Adulterated Food. All decayed, harmfully adulterated or unwholesome food, food
byproducts or drink sold or offered for sale to the public.
b)
Unburied Carcasses. 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 twenty-four (24) hours after death.
c) Animals Running at Large. All domestic animals running at large, including, without
limitation, dogs, cats, horses, llamas and all other types of domestic pets.
d) Air Pollution. 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 (1) mile
therefrom in such quantities as to endanger the health of persons of ordinary sensibilities or
to threaten or cause substantial injury to property in the Town.
e) Water Pollution. The pollution of any public well or cistern, stream, lake, canal or other
body of water by sewage, creamery or industrial wastes or other substances.
f) Foul Odors, etc. Any use of property, substances or things within the Town emitting or
causing any foul, offensive, nauseous, unwholesome or disagreeable odors, gases, stenches,
liquids or substances offensive to the physical senses of an ordinary person possessed of
ordinary tastes and susceptibilities or which otherwise annoy, discomfort, injure or
inconvenience the health of persons within the Town, other than odors produced through the
operation of farming practices.
g) Abandoned Wells. All abandoned wells not securely covered or secured from public use.
h) Junked Vehicles. Disassembled, dismantled, partially dismantled, inoperable, junked,
wrecked, or unlicensed motor vehicles, truck bodies, tractors, trailers, boats, or campers in
such state of physical or mechanical ruin as to be incapable of propulsion or of being
operated upon the public streets, highways, or waters.
i)
Abandoned Equipment. Abandoned, discarded or unused objects or equipment such as
industrial equipment, farm machinery, furniture, stoves, refrigerators, freezers, cans,
containers, lumber, trash, debris or yard waste.
j) Unsafe Buildings. Any dwelling or building that has any or all of the following defects:
1) any dwelling or building whose walls or vertical members list, lean or buckle to such an
extent that a plumb line suspended from the top edge of such member shall fall outside of
a distance from the edge equal to 1/3 of the thickness of such members;
2) any dwelling or building which has a support member or members which
have deteriorated to such an extent as to be unable to safely support the applied loads or
which have forty percent (40%) damage or deterioration of the non-supporting, enclosed
or outside walls or covering;
3) any dwelling or building which has been damaged by fire, wind or other causes so as to
become dangerous to life, safety, morals or the general health and welfare of the
occupants;
4) any dwelling or building which has parts thereof which are so attached that they may fall
and injure persons or property;
5) any dwelling or building which does not have an unobstructed means of egress leading to
an open space at ground level;
6) any dwelling or building which does not have the window area for each habitable room
equal to at least ten percent (10%) of the total floor of such room;
7) any dwelling or building which has wiring that is dangerous due to lack of insulation,
improper fuses, inadequate grounding, lack of capacity of wires or other dangerous
conditions;
8) any dwelling or building which does not have an installed kitchen sink in each dwelling
unit properly connected to the hot and cold water supply pipes and the sewer system;
9) any dwelling or building which does not have an installed tub or shower and lavatory in
each dwelling unit properly connected to hot and cold water supply pipes and the sewer
system;
10) any dwelling or building which does not have a flush type water closet in each dwelling
unit located in a room affording privacy and properly connected to the water supply pipes
and sewer system;
11) any dwelling or building which does not have installed electric lighting facilities
consisting of at least two separate wall-type convenience outlets or one ceiling-type
fixture and one wall-type outlet for every habitable room installed in accordance with the
electrical code;
12) any dwelling or building which does not have either central heating, fireproof flues or
fireproof vents serving each dwelling unit. All heating equipment whether installed by
the owner or occupant must be vented and maintained in good order and repair.
SEC. 11-6-4
PUBLIC NUISANCES – INTOXICATING LIQUOR
All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored,
brewed, bottled, manufactured or rectified without a permit or license or contrary to an existing
permit or license, are deemed a public nuisance.
SEC. 11-6-5 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.
The following acts, omissions, places, conditions and things are hereby declared to be public
nuisances affecting peace and safety, but such enumeration shall not be construed to exclude
other nuisances affecting public peace or safety coming within the definition of Section 11-6-2.
Agriculturally-related farm activities are exempt from the definition of public nuisances
contained in this section.
a) Excessive Noise. All loud, discordant and unnecessary noises or vibrations or any kind. This
definition shall not apply to noises made by agricultural vehicles, equipment or machinery,
regardless of the time of day or night.
b) Noisy Animals or Fowl. The keeping or harboring of any animal or fowl which, by frequent
or habitual howling, yelping, barking, crowing or making of other noises shall greatly annoy
or disturb a neighborhood or any considerable number of persons within the Town. This
definition shall not apply to noises made by farm animals.
c) Obstructions of Streets. All obstructions of streets, alleys, sidewalks or crosswalks and all
excavations in or under the same, except as permitted by the ordinances of the Town or
which, although made in accordance with such ordinances, are kept or maintained for an
unreasonable or illegal length of time after the purpose thereof has been accomplished, or
which do not conform to the permit.
d) Open Excavations. All open and unguarded pits, wells, excavations, and all unused,
abandoned, or uninhabitable buildings or unused basements freely accessible from any
public street, alley or sidewalk.
e) Appliances and Junk. Any junk, wood, bricks, cement, concrete blocks, abandoned
vehicles, or machinery or parts thereof, refrigerators, furnaces, washing machines, stoves,
and other appliances or any other unsightly accumulation of items or materials such as may
tend to depreciate property values in the area, or create a blighted condition, or create a
hazard (except when such items are properly housed and out of public view).
f)
Unauthorized Street Use. Any unauthorized or unlawful use of property abutting on a
public street, alley or sidewalk or of a public street, alley or sidewalk which causes large
crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.
g) All items enumerated in section 11-6-3, above.
SEC. 11-6-6 ABATEMENT OF PUBLIC NUISANCES.
a) Inspection of Premises. Whenever a complaint is made to a member of the Town Board that
a public nuisance exists within the Town, the Town Board shall inspect or cause to be
inspected the premises complained of.
b) Notice to Owner. If the Town Board determines that a public nuisance exists within the
Town, it shall provide notice to the person causing, permitting or maintaining such nuisance
or the owner or occupant of the premises where such nuisance exists. The notice shall direct
the person causing, permitting or maintaining the nuisance or the owner or occupant of the
premises to abate or remove such nuisance within three (3) days. The notice shall also state
that unless such nuisance is so abated, the Town shall cause the same to be abated and will
charge the cost thereof to the owner, occupant or person causing, permitting or maintaining
the nuisance, as the case may be.
c) Abatement by Town. If the nuisance is not abated within the time provided or if the owner,
occupant or person causing the nuisance cannot be found, the Town shall cause the
abatement or removal of such public nuisance.
d) Abatement by Court Action. If the Town shall determine that a public nuisance exists on
private premises but that the nature of such nuisance is not such as to threaten immediate
danger to the public health, safety, peace, morals or decency, the Town may cause an action
to abate such nuisance to be commenced in the name of the Town in the Circuit Court of
Fond du Lac County.
e) Other Methods Not Excluded. Nothing in this Chapter shall be construed as prohibiting the
abatement of public nuisances by the Town or its officials in accordance with the laws of the
State of Wisconsin.
SEC. 11-6-7 COST OF ABATEMENT.
In addition to any other penalty imposed by this Chapter for the erection, contrivance, creation,
continuance or maintenance of a public nuisance, the cost of abating 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.
CHAPTER 7
Noise Ordinance
11-7-1
11-7-2
11-7-3
11-7-4
11-7-5
11-7-6
11-7-7
Purpose
Findings
Scope
Definitions
General Prohibition
Noises Prohibited
Exemptions
SEC. 11-7-1 PURPOSE.
This chapter is enacted to protect, preserve, and promote the health, safety, welfare, peace, and
quiet of the citizens of the Town of Fond du Lac through the reduction, control, and prevention
of loud and raucous noise, or any noise which unreasonably disturbs, injures, or endangers the
comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity.
SEC. 11-7-2 FINDINGS.
a) Loud and raucous noise degrades the environment of the Town of Fond du Lac to a degree
that:
1) is harmful to the health, welfare, and safety of its inhabitants and visitors;
2) interferes with the comfortable enjoyment of life and property;
3) interferes with the well being, tranquility, and privacy of the home; and
4) both causes and aggravates health problems.
c) Both the effective control and the elimination of loud and raucous noise are essential to
the health and welfare of the Town’s inhabitants and visitors, and to the conduct of the
normal pursuits of life, including recreation, work, and communication.
d) The use of sound amplification equipment creates loud and raucous noise that may, in a
particular manner and at a particular time and place, substantially and unreasonably
invade the privacy, peace, and freedom of inhabitants of, and visitors to, the Town of
Fond du Lac.
e) Certain short-term easing of noise restrictions is essential to allow the construction and
maintenance of structures, infrastructure, and other elements necessary for the physical
and commercial vitality of the Town of Fond du Lac.
SEC. 11-7-3 SCOPE.
This chapter applies to the control of all sound originating within the jurisdictional limits of the
Town of Fond du Lac.
SEC. 11-7-4 DEFINITIONS.
a) “Emergency” means any occurrence or set of circumstances involving actual or imminent
physical trauma or property damage demanding immediate attention.
b) “Emergency Work” means any work performed for the purpose of preventing or alleviating
physical trauma or property damage, whether actually caused or threatened by an emergency,
or work by private or public utilities when restoring utility service.
c) “Impulsive Sound” means sound of short duration, usually less than one second, with an
abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions,
drop forge impacts and the discharge of firearms.
d) “Noise Sensitive Area” includes, but is not limited to, a posted area where a school, hospital,
nursing home, church, court, public library, or similar institution is located.
e) “Person” means any individual, firm, association, partnership, joint venture, or corporation.
f) “Public right-of-way” means any street, avenue, boulevard, highway, sidewalk, alley, or
similar place normally accessible to the public which is owned or controlled by a government
entity.
g) “Public Space” means any real property or structures on real property, owned by a
government entity and normally accessible to the public, including but not limited to parks
and other recreational areas.
h) “Residential Area” means any real property which contains a structure or building in which
one or more persons reside, provided that the structure or building is properly zoned, or is
legally nonconforming, for residential use in accordance with the terms and maps of the
Town of Fond du Lac’s zoning ordinance.
SEC. 11-7-5 GENERAL PROHIBITION.
a) Unless otherwise stated herein, no person shall make, continue, or cause to be made or
continued:
1)
any unreasonably loud or raucous noise or injuries;
2)
any noise which unreasonably disturbs, or endangers the comfort, repose, health,
peace, or safety of reasonable persons of ordinary sensitivity, within the
jurisdictional limits of the Town of Fond du Lac;
3)
any noise which is so harsh, prolonged, unnatural, or unusual in time or place as
to occasion unreasonable discomfort to any persons within the neighborhood from
which said noises emanate, or as to unreasonably interfere with the peace and
comfort of neighbors or their guests, or operators or customers in places of
business, or as to detrimentally or adversely affect such residences or places of
business;
4)
any noise exceeding the following when measured at the property line:
District
Residential
Commercial
Industrial
Sound Pressure Level Limit – dB(A)
____________________________________________
Day
Night
(7 a.m. – 10 p.m.)
(10 p.m. – 7 a.m.)
55
50
60
55
80
75
b) Factors for determining whether a sound is unreasonably loud and raucous include, but are
not limited to, the following:
1) the proximity of the sound to sleeping facilities, whether residential or commercial;
2) the land use, nature, and zoning of the area from which the sound emanates and the
area where it is received or perceived;
3) the time of day or night the sound occurs;
4) the duration of the sound; and
5) whether the sound is recurrent, intermittent, or constant.
SEC. 11-7-6 NOISES PROHIBITED.
The following acts are declared to be per se violations of this chapter. This enumeration does not
constitute an exclusive list:
a) Unreasonable Noises. The unreasonable making of, or knowingly and unreasonably
permitting to be made, any unreasonably loud, boisterous or unusual noise, disturbance,
commotion or vibration in any boarding facility, dwelling, place of business or other
structure, or upon any public street, park, or other place or building. The ordinary and usual
sounds, noises, commotion or vibration incidental to the operation of these places when
conducted in accordance with the usual standards of practice and in a manner which will not
unreasonably disturb the peace and comfort of adjacent residences or which will not
detrimentally affect the operators of adjacent places of business are exempted from this
provision.
b) Vehicle Horns, Signaling Devices, and Similar Devices. The sounding of any horn,
signaling device, or other similar device, on any automobile, motorcycle, or other vehicle on
any right-of-way or in any public space of the Town of Fond du Lac for more than ten (10)
consecutive seconds. The sounding of any horn, signaling device, or other similar device, as
a danger warning is exempt from this prohibition.
c) Non-Emergency Signaling Devices. Sounding, or permitting sounding any amplified signal
from any bell, chime, siren, whistle or similar device, intended primarily for non-emergency
purposes, from any place for ore than ten (10) consecutive seconds in any hourly period. the
reasonable sounding of such devices by houses of religious worship, ice cream trucks,
seasonal contribution solicitors or by the Town of Fond du Lac for traffic control purposes
are exempt from the operation of this provision.
d) Emergency Signaling Devices. The intentional sounding or permitting the sounding
outdoors of any emergency signaling device including fire, burglar, civil defense alarm,
siren, whistle, or similar emergency signaling device, except in an emergency or except as
provided in subsections (d)(1) and (d)(2) below.
(1)
testing of an emergency signaling device shall occur between 7:00 a.m. and 7:00
p.m. Any testing shall use only the minimum cycle test time. In no case shall
such test time exceed five (5) minutes. Testing of the emergency signaling
system shall not occur more than once in each calendar month.
(2)
sounding or permitting the sounding of any exterior burglar or fire alarm or any
motor vehicle burglar alarm, shall terminate within fifteen (15) minutes of
activation unless an emergency exists. If a false or accidental activation of an
alarm occurs more than twice in a calendar month, the owner or person
responsible for the alarm shall be in violation of this chapter.
e) Radios, Televisions, Boomboxes, Phonographs, Stereos, Musical Instruments and
Similar Devices. The use or operation of a radio, television, boombox, stereo, musical
instrument, or similar device that produces or reproduces sound in a manner that is plainly
audible to any person other than the player(s) or operator(s) of the device, and those who are
voluntarily listening to the sound, and which unreasonably disturbs the peace, quiet, and
comfort of neighbors and passers-by, or is plainly audible at a distance of 50 feet from any
person in a commercial, industrial area, or public space. The use or operation of a radio,
television, boombox, stereo, musical instrument, or similar device that produces or
reproduces sound in a manner that is plainly audible to any person other than the player(s) or
operator(s) of the device, and those who are voluntarily listening to the sound, and
unreasonably disturbs the peace, quiet, and comfort of neighbors in residential or noise
sensitive areas, including multi-family or single-family dwellings. Any noise exceeding the
ambient noise level at the property line of any property (or, if a condominium or apartment
house, within any adjoining apartment) by more than five decibels shall be deemed to be
prima facie evidence of a violation of the provisions of this section.
f) Loudspeakers, Amplifiers, Public Address Systems and Similar Devices. The
unreasonably loud and raucous use or operation of a loudspeaker, amplifier, public address
system, or other device for producing or reproducing sound between the hours of 10:00 p.m.
and 7:00 a.m. on weekdays and 10:00 p.m. and 10:00 a.m. on weekends and holidays in the
following areas:
(1)
within or adjacent to residential or noise-sensitive areas;
(2)
within public space if the sound is plainly audible across the real property line of
the public space from which the sound emanates, and is unreasonably loud and
raucous. The sound shall be deemed unreasonably loud if it exceeds 15 dBA
above the ambient noise level as measured at the property lien from which the
sound emanates.
This shall not apply to any public performance, gathering, or parade for which a permit for
the date, time and place of the particular event has been obtained from the Town of Fond du
Lac.
g) Yelling, Shouting and Similar Activities. Yelling, shouting, hooting, whistling, or singing
in residential or noise sensitive areas or in public places, between the hours of 10:00 p.m. and
7:00 a.m., or at any time or place so as to unreasonably disturb the quiet, comfort, or repose
of reasonable persons of ordinary sensitivities.
h) Animals and Birds. Unreasonably loud and raucous noise emitted by an animal or bird for
which a person is responsible. A person is responsible for an animal if the person owns,
controls or otherwise cares for the animal or bird. Sounds made by animals or birds in
animal shelters, kennels, veterinary hospitals, pet shops or pet kennels, [licensed under and in
compliance with licensing and permitting provisions set forth in this chapter] are exempt
from this subsection.
i) Loading or Unloading Merchandise, Materials, Equipment. The creation of unreasonably
loud, raucous, and excessive noise in connection with the loading or unloading of any vehicle
at a place of business or residence.
j) Construction or Repair of Buildings, Excavation of Streets and Highways. The
construction, demolition, alteration or repair of any building or the excavation of streets and
highways other than between the hours of 7:00 a.m. and 7:00 p.m. on weekdays. In cases of
emergency, construction or repair noises are exempt from this provision. In non-emergency
situations, a Building Inspector may issue a permit, upon application, if the Building
Inspector determines that the public health and safety, as affected by loud and raucous noise
caused by construction or repair of buildings or excavation of streets and highways between
the hours of 7:00 p.m. and 7 a.m. will not be impaired, and if the Building Inspector further
determines that loss or inconvenience would result to a party in interest. The permit shall
grant permission in non-emergency cases for a period of not more than three (3) days. The
permit may be renewed once for a period of three (3) days or less.
k) Blowers and Similar Devices. In residential or noise sensitive areas, between the hours of
7:00 p.m. and 7:00 a.m., the operation of any noise-creating blower, power fan, or any
internal combustion engine, the operation of which causes noise due to the explosion of
operating gases or fluids, provided that the noise is unreasonably loud and raucous and can
be heard across the property line of the property from which it emanates.
l) Commercial Establishments Adjacent to Residential Property. Unreasonably loud and
raucous noise from the premises of any commercial establishment, including any outdoor
area which is part of or under the control of the establishment, between the hours of 10:00
p.m. and 7:00 a.m. which is plainly audible at a distance of five (5) feet from any residential
property. Any sound that exceeds 15 dBA above the ambient noise level as measured at the
property line from which the sound emanates shall be deemed unreasonably loud.
m) Unnecessary Engine Noise. To discharge into open air the exhaust of any steam engine,
stationary internal combustion engine, motor vehicle or motorboat engine, except through a
muffler or other device that will effectively prevent loud or explosive noises therefrom.
n) Tire Squealing and Other Unnecessary Motor Noise. Squealing of motor vehicle tires by
intentional sudden acceleration or deceleration to accomplish that effect or unnecessary
motor noise by the excessive acceleration of the engine or a motor vehicle.
SEC. 11-7-7 EXEMPTIONS.
Sounds caused by the following are exempt from the prohibitions set out in section 11-7-6 and
are in addition to the exemptions specifically set forth in section 11-7-6:
a) Motor vehicles on traffic ways of the Town of Fond du Lac, provided that the prohibition of
11-7-6(b) continues to apply.
b) Repairs of utility structures which pose a clear and immediate danger to life, health, or
significant loss of property.
c) Sirens, whistles, or bells lawfully used by emergency vehicles, or other alarm systems used
in case of fire, collision, civil defense, police activity, or imminent danger, provided that the
prohibition contained in 11-7-6(d) continues to apply.
d) The emission of sound for the purpose of alerting persons to the existence of an emergency
or the emission of sound in the performance of emergency work.
e) Repairs or excavations of bridges, streets or highways by or on behalf of the Town of
Fond du Lac, the State, or the federal government, between the hours of 7:00 p.m. and 7:00
a.m., when public welfare and convenience renders it impractical to perform the work
between 7:00 a.m. and 7:00 p.m.
f) Outdoor School and Playground Activities. Reasonable activities conducted on public
playgrounds and public or private school grounds, which are conducted in accordance with
the manner in which such spaces are generally used, including but not limited to, school
athletic and school entertainment events.
g) Other Outdoor Events. Outdoor gatherings, public dances, shows and sporting events, and
other similar outdoor events, provided that a permit has been obtained from the appropriate
permitting authority.
h) Agricultural Activity. The operation of farm equipment and machinery for agricultural
purposes, regardless of the time.
TITLE 12
Parks and Navigable Waters
Chapter 1
Chapter 2
Regulation of Parks and Navigable Waters
CHAPTER 1
Regulation of Parks and Navigable Waters
12-1-1
12-1-2
12-1-3
12-1-4
12-1-5
Park Regulations
Radio-Controlled Model Airplanes Prohibited in Parks
Use of Metal Detectors on Public Property
Fees and User Regulations
Public Utilities and Private Construction
SEC. 12-1-1
PARK REGULATIONS.
a) Purpose and Definition. These regulations are enacted to protect the parks, parkways,
recreational facilities and public conservancy areas within the Town from injury, damage or
desecration,. The term “park,” as used in this Chapter, shall include all grounds, structures
and watercourses which are or may be located within any area dedicated to the public use as
a park, parkway, public boat landing, public lake access or recreation facility in the Town.
b) General Regulations.
1) Littering Prohibited. No person shall litter, dump or deposit any rubbish, refuse, earth or
other material in any park, except by placing such material in receptacles provided for
such purpose.
2) Sound Devices. No person shall operate or play any amplifying system unless specific
authority is first obtained from the Town Board, or its authorized designee.
3) Bill Posting. No person shall post, paste, fasten, paint or attach any placard, bill, notice,
sign or advertising matter upon any structure, tree or other natural object in any park,
except park regulations and other signs authorized by the Town Board.
4) Trapping. No person shall trap in any Town park unless specific written authority is first
obtained from the Town Board.
5) Fires. No person shall start, tend or maintain a fire except in personal grills or designated
fireplaces. Personal grills shall be used only in designated picnic areas. The use of
personal grills is permitted provided lawns and vegetation are not endangered. Unburned
fuel and ashes shall be disposed of in such a manner as to prevent fire or damage to any
park property.
6) Protection of Park Property. No person shall kill, injure or disturb or attempt to injure or
disturb waterfowl, birds or animals, wild or domestic, within any park. No person shall
climb any tree or remove flowers or fruit, wild or cultivated, or break, cut down, trample
upon, remove or in any manner injure, deface, write upon or ill use any tree, shrub,
flower, flower bed, turf, soil, sand, fountain, ornament, building, structure, apparatus,
bench, table, official notice, sign or other property within any park.
7) Illegal Entry. It shall be unlawful for any person to enter in any way any park building,
installation or area after the posted closing time or before the posted opening time, or
contrary to posted notices.
8) Throwing Stones and Missiles Prohibited. No person shall throw stones or other missiles
in or into any park.
9) Removal of Park Equipment Prohibited. No person shall remove benches, seats, tables, or
other park equipment from any park, unless authorized by the Town Board or its
designee.
10) Vending. Vending is prohibited in Town parks unless authorized by the Town Board.
11) Plant Materials. No person shall remove any plant materials or plants from any park
unless authorized by the Town Board.
12) Structures. No temporary or permanent structures may be erected in a park without
specific approval of the Town Board.
13) Hours. Parks shall be closed to all uses and all persons between the hours of 10:00 p.m.
and 6:00 a.m. Central Standard Time or Central Daylight Time, whichever shall be in
effect in the State of Wisconsin, during the period from April 1 to November 15,
inclusive.
14) Firearms. The use or possession of any firearms, bow and arrow, crossbow, BB or pellet
gun or slingshot is prohibited at all times.
15) Fireworks. The setting or building of any fire, or the use or possession of any fireworks
within the park is prohibited at all times; except on express permission of the Town
Chairperson and under such conditions and restrictions as he/she shall deem necessary
and proper, and which permission shall be granted only for special group occasions.
SEC. 12-1-2 RADIO-CONTROLLED MODEL AIRPLANES PROHIBITED IN PARKS.
No person shall fly a radio-controlled model airplane in any park in the Town except in areas
specifically designated and posted for such purpose.
SEC. 12-1-3 USE OF METAL DETECTORS ON PUBLIC PROPERTY.
Absent authorization by the Town Board, the use of metal detectors and digging for buried
objects on Town property, except beaches where no vegetation is present, is prohibited.
SEC. 12-1-4 FEES AND USER REGULATIONS.
a) Fee Schedule. It shall be unlawful for any person to use any Town park facility, shelter, land,
or recreational area for which a fee or charge has been approved by the Board without
payment of such fee or charge.
TITLE 13
ZONING CODE
13-1-1 Applicability and Purpose
13-1-1(a)
Applicability
13-1-1(b)
Purpose
13-1-2 Definition of Terms
13-1-2(a)
13-1-2(b)
General
Definition of Terms
13-1-3 General Provisions
13-1-3(a)
13-1-3(b)
13-1-3(c)
13-1-3(d)
13-1-3(e)
Establishment of Districts
Establishment of Zoning Map
Interpretation of District Boundaries
Application of Regulations
County Zoning Ordinances
13-1-4 Nonconforming Uses
13-1-4(a)
13-1-4(b)
13-1-4(c)
13-1-4(d)
13-1-4(e)
13-1-4(f)
Applicability and Intent
Nonconforming Uses of Land and Structures
Nonconforming Structures
Nonconforming Lots of Record
Repairs and Maintenance
Existing Special Exceptions
13-1-5 Schedule of District Regulations
13-1-5(a)
A-1 Exclusive Agricultural District
13-1-5(a)(1)
Purpose
13-1-5(a)(2)
13-1-5(a)(3)
13-1-5(a)(4)
13-1-5(a)(5)
Dimensional Requirements
13-1-5(a)(6)
Permitted Signs
13-1-5(a)(7)
Off-Street Parking
13-1-5(b)
A-T Exclusive Agricultural District (Transitional)
13-1-5(b)(1)
Purpose
13-1-5(b)(2)
13-1-5(b)(3)
13-1-5(b)(4)
13-1-5(b)(5)
13-1-5(b)(6)
Permitted Signs
13-1-5(b)(7)
Off-Street Parking
13-1-5(c)
RR Residential District (Rural)
13-1-5(c)(1)
Purpose
13-1-5(c)(2)
13-1-5(c)(3)
13-1-5(c)(4)
13-1-5(c)(5)
13-1-5(c)(6)
Permitted Signs
13-1-5(c)(7)
Off-Street Parking
13-1-5(d)
RM Residential District (Medium Density)
13-1-5(d)(1)
Purpose
13-1-5(d)(2)
13-1-5(d)(3)
13-1-5(d)(4)
13-1-5(d)(5)
13-1-5(d)(6)
Permitted Signs
13-1-5(d)(7)
Off-Street Parking
13-1-5(d)(8)
Animal Housing
13-1-5(e)
RL Residential District (Low Density)
13-1-5(e)(1)
Purpose
13-1-5(e)(2)
13-1-5(e)(3)
13-1-5(e)(4)
13-1-5(e)(5)
13-1-5(e)(6)
Permitted Signs
13-1-5(e)(7)
Off-Street Parking
13-1-5(e)(8)
Animal Housing
13-1-5(f)
RO Residential District (Open Density)
13-1-5(f)(1)
Purpose
13-1-5(f)(2)
13-1-5(f)(3)
13-1-5(f)(4)
13-1-5(f)(5)
13-1-5(f)(6)
Permitted Signs
13-1-5(f)(7)
Off-Street Parking
13-1-5(f)(8)
Animal Housing
13-1-5(g)
C Commercial
13-1-5(g)(1)
13-1-5(g)(2)
13-1-5(g)(3)
13-1-5(g)(4)
13-1-5(g)(5)
13-1-5(g)(6)
Purpose
Dimensional Requirements and Lot
Screening
Permitted Signs
13-1-5(g)(7)
13-1-5(h)
I Industrial
13-1-5(h)(1)
13-1-5(h)(2)
13-1-5(h)(3)
13-1-5(h)(4)
13-1-5(h)(5)
13-1-5(h)(6)
13-1-5(h)(7)
Off-Street Parking
Purpose
Dimensional Requirements and Lot
Screening
Permitted Signs
Off-Street Parking
13-1-6 Supplementary District Regulations
13-1-6(a)
General Application
13-1-6(b)
Lots and Yards
13-1-6(c)
Accessory Uses and Structures
13-1-6(d)
Height
13-1-6(e)
Storage of Junk, Refuse, Debris and Disabled or
Damaged Motor Vehicles
13-1-6(f)
Mobiles Homes, Trailers, Boats, Snowmobiles, Etc
13-1-6(g)
Parking and Storage of Motor Vehicle, Boats, Snowmobiles,
Cargo Trailers, Recreation Vehicles and Similar Vehicles
13-1-6(h)
Unified Development
13-1-6(i)
Buffers in New Subdivisions
13-1-6(j)
Two-Family Dwelling Architectural Controls
13-1-6(k)
Development Within the Red Corridor
13-1-7 Permits
13-1-7(a)
13-1-7(b)
13-1-7(c)
13-1-7(d)
13-1-7(e)
13-1-7(f)
13-1-7(g)
Applicability
Application for Building Permit
Approval of Permit
Use as Provided in Application and Plans
Improper Issuance
Prior Permits
Time Limit On Permits
13-1-8 Enforcement, Remedies and Penalties
13-1-8(a)
Building Inspector-Duties and Powers
13-1-8(b)
Remedies
13-1-8(c)
Penalties
13-1-9 Board of Appeals
13-1-9(a)
13-1-9(b)
13-1-9(c)
13-1-9(d)
13-1-9(e)
13-1-9(f)
13-1-9(g)
Establishment of Board
Membership and Terms of Office
Procedures, Meetings, Records and Decisions
Appeals
Variances
Special Exceptions
Appeal of Board Decisions
13-1-10 Amendments
13-1-10(a)
13-1-10(b)
13-1-10(c)
13-1-10(d)
Power of Amendment
Procedures
Public Hearing and Notice
Final Approval by Town Board
13-1-11 Interpretation and Severability
13-1-11(a)
Interpretation
13-1-11(b)
Severability
SEC. 13-1-1 APPLICABILITY AND PURPOSE
a) Applicability. This code, established under sections 60.62 and 61.35 of the Wisconsin
Statutes, shall be known as the Zoning Code for the Town of Fond du Lac and shall apply to:
1) The regulation and restriction of the height, number of stories and size of buildings and
other structures;
2) The percentage of lot that may be occupied;
3) The size of yards, courts and other open spaces;
4) The density of population;
5) The regulating of nonconforming uses;
6) The location and use of buildings, structures and land for trade, industry, residence or
other purposes, provided that there shall be no discrimination against temporary
structures.
b) Purpose. The purpose of this Zoning Code is to promote the public health, safety and
general welfare of the community through provisions designed to:
1) Encourage the most appropriate use of the land;
2) Conserve the taxable value of land and buildings;
3) Prevent the overcrowding of land and the congestion of streets;
4) Provide adequate light and air;
5) Secure safety from fire, panic and other dangers;
6) Avoid undue concentration of population;
7) Facilitate the adequate provision of transportation, water, sewerage, schools, parks and
other public requirements;
8) Preserve and promote the general attractiveness and character of the Town environment.
SEC. 13-1-2
DEFINITION OF TERMS
a) General. For the purpose of this Zoning Code, the following shall apply as indicated
throughout the Code:
1) The word "person" includes a firm, association, organization, partnership, trust, company
or corporation as well as an individual;
2) The present tense includes the future tense and the singular includes the plural;
3) The word "shall" is mandatory, the word "may" is permissive;
4) The words "used" or "occupied" also mean intended, designed or arranged to be used or
occupied.
b) Definition of Terms. For the purpose of this Zoning Code, the following terms are defined:
1) Acceptable Standards: Standards of care or workmanship that are of good quality, free
from faults and defects and are in conformance with community and trade practices. It is
the intent of this definition that the standards of care or workmanship are of a type that do
not create a nuisance or cause a property or an area to appear in a blighted condition or
tend to depreciate property values in the neighborhood or area.
2) Accessory Use or Structure: A use or structure on the same lot with the principal use or
structure, and of a nature customarily incidental and subordinate to the principal
structure.
3) Alteration: A change or rearrangement in the structural parts of a structure, an
enlargement of a structure, whether by extending on the side or by increasing the height,
or the movement of a structure from one location to another.
4) Bed & Breakfast Establishment: Any place of lodging that provides 8 or fewer rooms for
rent to no more than a total of 20 tourists or other transients for more than 10 nights in a
12-month period, is the owner’s residence, is occupied by the owner at the time of rental,
and in which the only meal served to guests is breakfast.
5) Billboard: A "Billboard" means any outdoor advertising sign, display, device, notice,
figure, painting, drawing, mural, message, placard, poster or other thing which is
designed, intended or used to advertise or inform, any part of which is visible from any
place on the traveled way of any Town, County or State Highway or Roadway and which
is larger than 75 square feet in total area.
6) Boarding House: An establishment where meals and/or lodging is provided for
compensation by prearrangement other than in dwelling units, without limitation on time
periods involved, and for a total of five to ten roomers and/or boarders.
7) Building: A structure having one or more stories and a roof which is used or intended to
be used for shelter or enclosure of persons, property or animals.
8) Clinic: An office or group of offices for one or more physicians or dentists engaged in
treatment of persons.
9) Condominium: A form of ownership authorized by Chapter 703 of the Wisconsin
Statutes, as amended.
10) Convalescent Home, Children's Home, Nursing Home: A place where regular care is
provided to two or more infirm persons who are not members of the family which resides
on the premises.
11) Day Nursery, Kindergarten: A place where day care is provided to five or more children
who are not members of the family which resides on the premises, provided this
definition shall not include public or private schools organized, operated, or approved
under Wisconsin law.
12) Debris: Any junk, wood, bricks, cement, concrete blocks, abandoned vehicles, or
machinery or parts thereof, refrigerators, furnaces, washing machines, stoves, and other
appliances or any other unsightly accumulation of items or materials such as may tend to
depreciate property values in the area, or create a blighted condition, or create a nuisance
or hazard (except when such items are properly housed and out of public view).
13) Development: Any man-made change to improved or unimproved real estate, including
but not limited to construction of or additions or substantial improvements to buildings,
other structures, or accessory uses, mobile homes, mining, dredging, filling, grading,
paving, excavation or drilling operations, and deposition of materials.
14) Dog Kennel: A place where more than two adult dogs are boarded for a fee on a
recurrent basis, or a place where more than five adult dogs are kept for any purpose.
15) Drive-In Restaurant: Any establishment dispensing or serving food in automobiles
including those establishments where customers serve themselves and may eat or drink in
the building or in their automobiles on the premises.
16) Dwelling Unit: A room or rooms connected together, constituting a separate,
independent housekeeping establishment for one family only, for owner occupancy or for
rental, lease, or other occupancy on a weekly or longer basis, physically separated from
any other rooms or dwelling units, and containing independent cooking and sleeping
facilities.
17) Dwelling, Single-Family Detached: A building containing not more than one dwelling
unit, entirely separated from structures on adjacent lots. The term "detached dwelling"
shall not include mobile homes, travel trailers, or other forms of portable or temporary
housing.
18) Dwelling, Single-Family Attached: A building containing not more than one dwelling
unit attached at the side or sides in a series or group of three or more buildings each
containing not more than one dwelling unit. Each building shall be separated from the
adjoining building or buildings by a party wall or walls extending from footings through
roofs. The term attached dwelling is intended to imply townhouses, patio, or atrium
houses or any form which conforms to this definition.
19) Dwelling, Two-Family: One building containing not more than two dwelling units or
two buildings, attached at the side, with not more than one dwelling unit per building.
The term "two-family dwelling" is intended to imply single-family semidetached
buildings and duplexes or any form which conforms to this definition.
20) Dwelling, Multiple-Family: A building containing three or more dwelling units. The
term "multifamily dwelling" shall include cooperative apartments, condominiums,
apartments and the like. Regardless of how rental units are equipped, any multifamily
dwelling in which units are available for rental periods of less than one week shall be
considered a motel.
21) Dwelling, Mobile Home: A building transportable in one or more sections, built on a
permanent chassis, with body width exceeding eight feet or body length exceeding 32
feet, designed to be used as a single dwelling with a permanent foundation when
connected to the required utilities.
22) Dwelling, Modular Home (Manufactured Home): A dwelling structure or component
thereof fabricated in an offsite manufacturing facility for installation or assembly at the
building site which is certified and labeled as a manufactured home under 42 USC Secs.
5401-5426, which, when placed on the site:
a. Is set on an enclosed continuous foundation in accordance with Wis. Stat. § 70.43(1)
and ILHR 21, Subchapters III, IV and V, Wis. Adm. Code, or is set on a comparable
enclosed continuous foundation system approved by the Building Inspector, who may
require a plan for such foundation to be certified by a registered architect or engineer
to ensure proper support for such structure;
b. Is installed in accordance with the manufacturer’s instructions;
c. Is properly connected to utilities; and
d. Meets other applicable standards of this chapter.
23) Family: One or more persons occupying a single dwelling unit provided that unless all
members are related by blood or marriage, no such family shall contain over five persons,
but further provided that domestic servants employed on the premises may be housed on
the premises without being counted as family.
24) Fence: A structure which is a barrier and used as a boundary or means of protection or
confinement.
25) Fence, Open: A fence including gates which has, for each one foot wide segment
extending over the entire length and height of the fence, 50 percent of the surface area in
open spaces which afford a direct view through the fence.
26) Fence, Solid: A fence, including gates, which conceals from view from adjoining
properties, streets, or alleys, activities conducted behind it.
27) Filling Station: Buildings and premises where gasoline, oil, grease, batteries, tires, and
automobile accessories may be supplied and dispensed at retail and where, in addition,
minor repair work may be performed, such as ignition service, tire repair, repair and
replacement of minor parts such as pumps and filters, brake service and the like. A
filling station is not a repair or body shop.
28) Height, Building: A building's vertical measurement, from the mean level of the finished
grade in front of the building to the highest point on the roof line of a flat roof or of a roof
having a slope of less than 15 degrees from the horizontal, and to a point midway
between the peak and the eaves of a roof having a slope of 15 degrees or more.
29) Home Occupations: An occupation conducted in a dwelling unit provided:
a. No person other than members of the family residing on the premises shall be
engaged in such occupation;
b. The use of the dwelling unit for the home occupation shall be clearly incidental and
subordinate to its use as a residence and not more than 25 percent of the floor area of
the dwelling unit shall be used in the conduct of such occupation;
c. There shall be no change in the outside appearance of the building other than one sign
limited to five square feet in area and mounted flat against the building;
d. No home occupation shall be conducted in any accessory building;
e. No equipment or process shall be used which creates noise, vibration, glare, fumes,
odors or electrical interference detectable outside of the dwelling unit.
30) Hotel: An establishment where lodging is provided for compensation other than in
dwelling units and for 11 or more persons. Hotels may serve meals to both occupants
and others. The term hotel is also intended to imply motel, motor court, motor lodge,
tourist court or any form which conforms to this definition.
31) Lot: A parcel of land used or set aside and available for use as the site for one or more
buildings and buildings necessary thereto or for any other purpose, not divided by a street
nor including any land within the limits of a public or private street right-of-way. The
term "record lot" shall mean land designated as a distinct and separate parcel on a legally
recorded deed, certified survey map or plat in the office of the Register of Deeds of Fond
du Lac County.
32) Lot Area: The total horizontal area within the lot lines of the lot.
33) Lot Coverage: The percentage of the lot area covered by the principal structure.
34) Lot Frontage: The front of a lot shall be construed to be the portion nearest the street.
For the purpose of determining yard requirements on corner lots and through lots, all
sides of a lot adjacent to streets shall be considered frontage.
35) Lot Line: The line on the official map that indicates lot boundaries, provided any street
right-of-way line shall be considered lot lines for the purposes of this zoning code.
36) Lot Types:
a. Corner lot is a lot located at the intersection of two or more streets. A lot abutting a
curved street shall be considered a corner lot when the projected tangents of the lot
lines along those streets meet at an interior angle less than 135 degrees;
b. Interior lot is a lot with only one frontage on a street;
c. Through lot is a lot other than a corner lot with frontage on two streets.
37) Lot Width: The width of a lot shall be considered to be the average distance between
straight lines connecting front and rear lot lines at each side of the lot, measured as
straight lines between the foremost points of the side lot lines in front (where they
intersect with the street right-of-way) and the rear most points of the side lot lines in the
rear, provided however that the width between the side lot lines at their foremost points in
the front shall not be less than eighty (80%) percent of the required lot width except in
the case of lots on the turning circle of a cul-de-sac, where the width shall not be less than
sixty (60%) percent of the required lot width. See diagram at end of Title 13.
38) Mobile Home Park: A site designed and maintained for the location of two or more
mobile homes under a continuing local general management and including special
facilities for common use by the occupants, such as open space areas and recreational
areas and buildings.
39) Net Acre: The total acreage of a lot, tract or parcel excluding land in existing and
proposed streets and street rights-of-way.
40) Reconstruction: Repairs or the replacement of structural components of a structure
exceeding fifty (50%) percent of the replacement cost of the structure.
41) Rooming House: An establishment where lodging is provided for compensation other
than in dwelling units, without meal service, and for a total of five to ten persons.
42) Sign: A "sign" means any outdoor advertising, display, device, notice, figure, painting,
drawing, mural, message, placard, poster or other thing which is designed, intended or
used to advertise or inform, and in which any part of the advertising or informative
contents is visible from any place on the traveled way of any portion of a Town, County
or State highway or roadway and is less than seventy-five (75) square feet in total area.
The following signs shall not be included in the application of sign regulations herein:
a. Signs not exceeding three square feet in area and bearing only property numbers,
postbox numbers, names of occupants of the premises, or other identification not
having commercial connotations;
b. Flags and insignia of any government except when displayed in connection with a
commercial promotion;
c. Legal notices, identification, informational, or directional signs erected or required by
governmental agencies;
d. Integral or architectural features of buildings except letters, trademarks, moving parts
or moving lights;
e. Signs directing or guiding traffic and parking on private property, but bearing no
advertisement matter and not exceeding nine square feet in area;
f. Temporary signs, including election signs, advertising a cultural or civic matter for up
to 45 days before such an event and for 7 days after such an event.
43) Sign Area: A sign or billboard area shall be measured by the smallest square, rectangle,
triangle, circle or combination thereof which encompasses the entire sign, including
border and trim, but excluding supports. The profile of a building is bounded by the
outer edges of its structure as they appear to an observer positioned in the area to which
the sign is directed.
44) Sign, Number of: For the purposes of determining number of signs, a sign shall be
considered to be a single display surface or device containing elements organized, related
and composed to form a unit. Where subject matter is displayed randomly without any
organization of the elements, each element shall be considered to be one sign.
45) Solid Waste Disposal Sites and Facilities: Land and facilities used for the collection,
storage, treatment, utilization, processing or final disposal of solid waste as defined by
Chapter NR 500.03(215), General Solid Waste Management Requirements, Wisconsin
Administrative Code and section 289.01(33), Wisconsin Statutes.
46) Special Exception: A use that would not be appropriate in a zoning district but which, if
controlled as to number, area, location or relation to the neighborhood, would promote
the public health, safety, morals, order, comfort, convenience, appearance, property or
general welfare. Such uses may be permitted in a zoning district if they meet the
requirements of this Zoning Code.
47) Story: That portion of a building, other than a basement, that is between the surface of
any floor and the surface of the next floor above it or, if there is not a floor above, then
the space between such floor and the ceiling next above it.
48) Structure: Anything constructed or erected with a fixed location on the ground, or
attached to something with a fixed location on the ground. Among other things structures
include signs, fences, mobile homes and parking lots.
49) Variance: An exception to the terms of the Zoning Code where such variance will not be
contrary to the public interest and where, owing to conditions peculiar to the property and
not the result of the actions of the applicant, a literal enforcement of the Code would
result in unnecessary and undue hardship. Variances may be granted only if they meet
the requirements of this Code.
50) Yard: An open space other than a court, on a lot, unoccupied and unobstructed from the
ground upward provided however, that fences, walls, poles, posts and other customary
yard accessory ornaments and furniture may be permitted in any yard subject to height
limitations and requirements limiting obstruction of visibility.
51) Yard, Front: A yard extending across the front of a lot between the side lot lines and
extending from the street right-of-way to the nearest principal building or projection of a
building. Notwithstanding the preceding, no accessory building shall occupy any portion
of the front yard.
52) Yard, Rear: A yard extending across the rear of a lot between the side lot lines, and
extending from the rear lot line to the nearest line of the principal structure or projection
of the principal structure.
53) Yard, Side: A yard extending between the nearest principal building or projection thereto
and the side lot line, and extending from the front yard to the rear yard.
SEC. 13-1-3 GENERAL PROVISIONS
a) Establishment of Districts. For the purpose of this Zoning Code, the Town is hereby
divided into the following districts:
1) A-1 Exclusive Agriculture District;
2) A-T Exclusive Agriculture District (Transitional);
3) RR - Residential District (Rural);
4) RM - Residential District (Medium Density);
5) RL - Residential District (Low Density);
6) RO - Residential District (Open Density)
7) C - Commercial District;
8) I - Industrial District.
b) Establishment of Zoning Map. The locations and boundaries of the districts established
shall be as shown on the map entitled the Official Zoning Map of the Town. The Official
Zoning Map with all notations, dimensions, designations, references and other data shall
accompany and be part of this Zoning Code. Amendments to the Official Zoning Map shall
be approved by the Town Board and shall promptly be portrayed on the Official Zoning Map.
The Map shall be available for public inspection in the Town Hall.
c) Interpretation of District Boundaries. Where uncertainty exists as to the boundaries of
districts as shown on the Official Zoning Map, the following rules shall apply:
1) Boundaries as indicated as approximately following the center lines of streets, highways,
alleys or a railroad right-of-way shall be construed to follow such center lines;
2) Boundaries indicated as approximately following platted lot lines shall be construed as
following such lot lines;
3) Where boundaries do not follow property lines and distances are not specified on the
Official Zoning Map boundaries shall be determined by the use of the scale on the
Official Zoning Map;
d) Application of Regulations. The regulations set by this Zoning Code shall be minimum
regulations and shall apply uniformly to each class or kind of structure or land, and
particularly, except as hereinafter provided:
1) No land, building or structure shall hereafter be used or occupied, and no building,
structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or
structurally altered except in conformity with all the regulations herein specified for the
district in which it is located. The permitted principal uses and structures, permitted
accessory uses and structures and special exception uses and structures are intended to be
exclusive. Uses and structures not specifically listed are excluded;
2) No sign shall hereafter be erected, hung, placed, painted, altered or moved except in
conformity with regulations of the district in which it is located;
3) No part of a yard, open space or off-street parking space required about or in connection
with any building for the purpose of complying with this zoning code shall be included as
part of a yard, open space or off-street parking space similarly required for any other
building;
4) No lot or yard existing at the effective date of adoption of the Town’s original zoning
ordinance shall be reduced in dimension or area below the minimum requirements set
forth herein. Lots or yards created after the effective date of adoption of this Zoning
Code shall meet the minimum requirements established by this Code;
5) No accessory building shall be constructed upon a lot until the construction of the
principal building has actually commenced. No accessory building shall be used unless
the principal building on the lot is also being used. No cellar or basement shall be used
as a dwelling prior to substantial completion of the dwelling of which it is a part;
6) No building shall hereafter be erected, constructed, reconstructed, moved or structurally
altered on land which is not adequately drained at all times or which is subject to periodic
flooding.
e) County Zoning Ordinances. In addition to the regulations established herein, no land,
water, building or structure shall hereafter be used or occupied, and no building, structure or
part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally
altered except in conformance with all of the regulations established in the Fond du Lac
County Shoreland Zoning Ordinance, Fond du Lac County Floodplain Zoning Ordinance,
Fond du Lac County Subdivision Control Ordinance, Fond du Lac County Sanitary and
Private Sewage System Ordinance, and the Fond du Lac County Automobile, Tire and Junk
Ordinance in effect as amended from time to time.
SEC. 13-1-4 NONCONFORMING USES
a) Applicability and Intent. Any use of land or structures, or any lot or structure which
existed at the effective date of adoption or amendment of the Town’s zoning ordinance which
would not be permitted or permissible by the provisions of that ordinance or of this Zoning
Code as adopted or amended, shall be deemed nonconforming. It is the intent of this Zoning
Code to permit such nonconformities to continue, subject to restrictions.
b) Nonconforming Uses of Land and Structure. No such nonconforming use of any land or
structure shall be extended or enlarged. If such nonconforming use is discontinued for a
period of twelve consecutive or eighteen accumulative months during any three year period,
any future use of such land or structure shall conform to the Zoning Code.
c) Nonconforming Structures. No such structure shall be altered in any manner which would
increase the degree of nonconformity. The total structural repairs or alterations in such a
nonconforming structure shall not during its life exceed fifty (50%) percent of the
replacement cost of the structure.
d) Nonconforming Lots of Record.
1) In any residential district, a single-family dwelling and customary accessory structures
may be erected on a single lot of record at the effective date of adoption or amendment of
the Town’s zoning ordinance. This provision shall apply even though such lot fails to
meet the requirements of lot area, lot width or both for the district in which it is located,
provided such lot shall be in separate ownership and not of continuous frontage with
other lots in the same ownership. Variance of yard requirements shall be obtained only
through action of the Board of Appeals.
2) If two or more lots or combinations of lots and portions of lots with continuous frontage
in single ownership were of record at the effective date of adoption of the Town’s zoning
ordinance, the lands involved shall be considered to be an individual parcel for the
purpose of this Zoning Code and no portion of such parcel shall be used, divided or sold
which does not meet the lot area and lot width requirements for the district in which it is
located.
e) Repairs and Maintenance. Nothing in this Zoning Code shall be deemed to prevent normal
maintenance or repair of any structure or to prevent restoring to a safe condition any structure
declared to be unsafe.
(f) Existing Special Exceptions. Any use or structure existing at the effective date of adoption
of the Town’s zoning ordinance which is classified as a special exception in the district in
which it is located shall be deemed to have been granted approval by the Board of Appeals,
subject to maintaining the character and extent of such use or structure existing on that date.
Any extension, enlargement or change in such use or structure shall require approval of the
Board of Appeals as provided in this Zoning Code.
SEC. 13-1-5 SCHEDULE OF DISTRICT REGULATIONS
a) A-1 EXCLUSIVE AGRICULTURAL DISTRICT
1) Purpose.
a. The purposes of the A-1 District are to:
1) preserve productive agricultural land for food and fiber production;
2) preserve productive farms by preventing land use conflicts between incompatible
uses;
3) maintain a viable agricultural base to support agricultural processing and service
industries;
4) reduce costs of providing services to scattered non-farm uses;
5) pace and shape urban growth;
6) implement the provisions of the Fond du Lac County Farmland Preservation Plan;
and
7) comply with the provisions of the Farmland Preservation Law to permit eligible
land owners to receive tax credits under Chapter 91 of the Wisconsin Statutes.
2) Permitted Principal Uses and Structures.
a. Agricultural uses and structures for: general farming; dairying; raising of grain, grass
and seed crops; vegetable raising; orchards; horticulture; plant greenhouses and
nurseries; forest and game management; raising of fruits, nuts and berries; sod
farming; fish farming; beekeeping; and other uses and structures of a similar nature.
No structures or improvements may be built on the land unless consistent with
agricultural uses.
b. All residential dwellings, commercial establishments and legal lots of record existing
prior to the effective date of the adoption of the Town’s zoning ordinance which are
not accessory to or associated with agricultural uses. Said residential dwellings and
commercial establishments may be altered, repaired or rebuilt if destroyed by
casualty, fire, acts of God or other involuntary events. Under said circumstances, the
setback requirements of section 13-1-5(a)(5)b(1) of this code shall not apply.
However, the original use may not be altered, e.g. from residential use to commercial
use. Also, the degree of noncompliance, if any, with section 13-1-5(a)(5)b(1) of this
code may not be increased by the altering, repairing or rebuilding due to the above
circumstances.
c. Under all other circumstances except as specifically noted in this subsection,
residential dwellings and commercial establishments may be altered, repaired or
rebuilt subject to the setback requirements of section 13-1-5(a)(5)b(1) of this code.
d. A residential single-family detached dwelling may be built on a legal lot of record
existing prior to the effective date of the adoption of the Town’s zoning ordinance, as
permitted in section 13-1-5(a)(2)b, above, subject to the setback requirements of
section 13-1-5(a)(5)b(1) of this code.
3) Permitted Accessory Uses and Structures.
a. Uses and structures customarily accessory and clearly incidental to permitted
principal and accessory uses and structures. Residential single-family detached
dwellings shall be considered accessory to agricultural uses provided such dwellings
are occupied by a person or a family, at least one member of which earns a substantial
part of his or her livelihood from farming operations on the farm parcel, or by the
parents or children of the farm operator.
These accessory residential single-family detached dwellings must be established on a
separate parcel with a certified survey and are subject to the dimensional
requirements of sections 13-1-5(a)(5)a(1),13-1-5(a)(5)b(1) and 13-1-5(a)(4)o, of this
Code.
b. One (1) roadside stand per farm of not more than 100 square feet in area used solely
for the sale of products produced on the premises.
c. Home occupations.
d. For purposes of farm consolidation or division, farm residences or structures which
existed prior to the adoption of the Town’s zoning ordinance, or residential singlefamily detached dwellings built under section 13-1-5(a)(3)a, above, may be separated
from a larger farm parcel.
4) Special Exception Uses and Structures.
a. Residential single-family detached dwellings as a principal use and structure provided
no residential dwelling and lot shall cause undue difficulties for future farm
consolidation or the free movement of agricultural machinery and equipment among
farm units. Said residential single-family detached dwellings must comply with the
dimensional requirements of sections 13-1-5(a)(5)a(1) and 13-1-5(a)(5)b(1) of this
Code. No structures or improvements may be built on the land unless consistent with
agricultural uses.
b. Single-family attached dwellings and two-family dwellings. Said dwellings must
comply with the requirements of section 13-1-5(a)(2)c, above.
c. Livestock and poultry raising; egg production; feedlot; and fur farms.
d.
Parks and public golf courses.
e. Public and semipublic nonprofit institutional uses including churches, schools,
libraries and the like.
f. Clubs and organizations not conducted as a gainful business.
g. Resource extraction uses, including quarrying and sand and gravel pits, provided the
location of such uses is appropriate to existing development and development which
may reasonably be expected within the life of the operation. The tract shall consist of
a minimum of two acres with dimensions sufficient to accommodate the operation
with minimum adverse effects on adjacent land.
h. Public utility installations.
i. Cemeteries.
j. Municipally owned or leased airports or agricultural-related airport facilities.
k. Agricultural-related businesses such as feedmills, farm coops, creameries, milk
processing and cheese factories.
l. Dog Kennels.
m. Solid Waste Disposal Sites and Facilities.
n. Bread & Breakfast Establishments, subject to such special conditions on location and
operation, duration of the special exception permit, number of rooms available for
rent to the public, requirements for food preparation, limits on transferability of
permit, and other conditions or restrictions as may be specified in the permit.
o. Residential single-family detached dwellings on lots smaller than 35 acres but no
smaller than 65,000 square feet which shall be used for residential purposes only,
provided that the following minimum requirements are met in addition to any and all
requirements that may be imposed by the Plan Commission:
1) A Special Exception permit may be issued only if the residence is to be built and
occupied by the landowner or members of his immediate family (children, parents
or grandchildren);
2) The proposed land division may not deprive the remaining land of a right-of-way
to a public road;
3) The property owner may be required to dedicate right-of-way for future road
purposes if the Plan Commission so directs;
4) A parcel larger than 65,000 sq. ft. may be required if deemed necessary by the
Plan Commission in light of the features of the land, the proposed residence, or
other reasonable factors;
5) The proposed land division shall be by certified survey map, which shall be
provided to obtain a building permit. (A drawing showing the proposed land
division shall be submitted to the Plan Commission for review. The Drawing shall
also show the larger parcel from which the lot is being divided.);
6) No land division will be approved if the remaining parcel that is intended to
remain in agricultural use would be reduced to less than 35 acres. This shall
include hobby farms that house cattle, pigs, sheep, goats, chickens, horses or any
other type of livestock and produce farms, etc.;
7) The Plan Commission may impose such other requirements and restrictions as it
deems suitable under the individual circumstances of the proposed land division,
which shall become part of the Special Exception permit;
8) Each land division shall be applied for through the Town Permit Issuer who shall
provide forms and instructions.
5) Dimensional Requirements.
a. Minimum Lot Size.
1) Except as provided in section 13-1-5(a)(4)o, above, the minimum lot size to
establish a farm operation as a principal use and structure under section 13-15(a)(2)a, or a residence (single-family detached dwelling) under section 13-15(4)a, or single-family detached dwelling and two-family dwelling under
section 13-1-5(a)(4)a, or a special exception operation under section 13-15(a)(4)b, is 35 acres.
2) Except as provided in section 13-1-5(a)(4)o, above, the minimum lot size to
establish a separate parcel for an additional residence (single-family detached
dwelling) considered accessory to agricultural uses and built under section 131-5(a) (3)a, above, is 65,000 sq.ft.
3) The minimum lot size for farm residences or structures which existed prior to
the adoption of this ordinance which are separated from a larger parcel
through farm consolidation or division is 65,000 sq.ft.
4) Except as provided in section 13-1-5(a)(4)o, above, the minimum lot size for
residences (single-family detached dwellings) considered accessory to
agricultural uses built under section 13-1-5(a)(3)a, above, which are separated
from a larger parcel through farm consolidation or division, is two acres.
b. Setbacks.
1) The setbacks for all residences (single-family detached dwellings) built under
this section are:
a) Minimum lot width: 100 feet.
b) Minimum front yard: 40feet.
c) Minimum rear yard: 30 feet.
d) Minimum side yard: 12 feet, but in no case less than 30- foot combined side
yards.
e) Maximum height: 35 feet (2 1/2 stories).
f) No dwelling shall be located within 500 feet of any farm building, except a
residence (single-family detached dwelling) built under section 13-15(a)(3)a, above, which shall not be located within 200 feet of any farm
building.
6) Permitted Signs.
a. Two accessory identification signs limited in area to 25 square feet each (farms
only).
b. Temporary signs advertising the sale or lease of real estate or in conjunction with
special events not to exceed l80 days.
c. Signs defined in section 13-1-2(b)(40)a-f.
7) Off-Street Parking.
a. Dwellings: Two per unit.
b. Churches, libraries and golf courses: One per two persons of maximum capacity.
c. High Schools: One per three students.
d. Elementary and Junior High Schools: One per employee.
e. Other Uses: Sufficient off-road parking so that no public road shall be used for
parking.
b) A-T EXCLUSIVE AGRICULTURAL DISTRICT (TRANSITIONAL)
1) Purpose.
a. The purposes of the Agricultural Transition District (A-T District) are to:
1) provide for the orderly transition of agricultural land to other uses in areas
planned for eventual urban expansion;
2) defer urban development until the appropriate local governmental bodies
determine that adequate public services and facilities can be provided at a
reasonable cost;
3) insure that urban development is compatible with local land use plans and
policies;
4) provide periodic review to determine whether all or part of the land should be
transferred to another zoning district.
b. Such periodic review of land in the A-T District shall occur:
1) a minimum of every five years;
2) upon completion or revision of a County Agricultural Preservation Plan which
affects lands in the district; or
3) upon extension of public services such as sewer and water, necessary to serve
urban development.
c. Furthermore, the agricultural transition zoning classification is meant to comply with
the provisions of the Farmland Preservation Law as set forth in Chapter 91 of the
Wisconsin Statutes.
a. Permitted principal uses and structures in the A-1 Agricultural District.
a. Permitted accessory uses and structures in the A-1 Agricultural District.
a. Special exception uses and structures in the A-1 Agricultural District.
a. Dimensional requirements in the A-1 Agricultural District.
6) Permitted Signs.
a. Permitted signs in the A-1 Agricultural District.
a. Off-street parking in the A-1 Agricultural District.
c) RR RESIDENTIAL DISTRICT (RURAL)
1) Purpose.
a. To establish and maintain areas of the Town for large-lot, low-density single-family
development where public sanitary sewers are not available.
a. Single-family detached dwellings.
b. Public and semipublic nonprofit institutional uses including churches, schools,
c. Parks and playgrounds.
d. Gardens, nurseries and orchards.
e. Family day care homes as defined by Section 66.1017 of the Wisconsin Statutes, as
amended.
a. Uses and structures customarily accessory and clearly incidental to permissible
principal uses and structures, provided that any necessary structure meets the
1) Detached accessory buildings shall not exceed 600 sq. ft. in size and shall not be
over 14 feet in height;
2) No detached accessory building shall occupy any portion of the front yard.
Detached accessory buildings of less than 100 sq. ft. are authorized as permitted
accessory buildings may only be located in the rear yard. All detached accessory
buildings must meet the dimensional requirements of this ordinance.
3) Detached accessory buildings shall match the architectural style and the
predominant color of the principle structure.
4) Accessory buildings shall be set back 5 feet from the rear and side lot lines.
b. Home occupations.
a. Clubs and organizations not conducted as a gainful business.
b. Convalescent or nursing homes.
c. Public utility installations.
d. Cemeteries.
e. Airports.
f. Dog Kennels.
g. Agricultural uses including general farming, pasture, grazing, truck farming, forestry,
and other agricultural uses of a similar nature; and horses kept for pleasure and hobby
purposes.
h. Family day care homes as defined by Section 66.1017 of the Wisconsin Statutes, as
amended.
i. Two-family Dwellings, provided that the following minimum requirements are met in
addition to any other requirements that may be imposed by the Plan Commission:
a) Minimum lot area: 26,000 sq. ft.
b) Minimum lot width: 130 feet.
c) Minimum front: 40 feet, except that the setback for lots in platted subdivisions
shall be as identified in the Final Plat as approved by the Town Board;
d) Minimum rear yard: 30 feet.
e) Minimum side yard:10 feet, but in no case less than 30-foot combined side
yards.
f) Maximum height: 35 feet (2 ½ stories).;
2) Soil tests performed by a certified soil tester, and approved or confirmed by the
County Sanitarian, indicate that the parcel is suitable for installation of a private
sewerage system capable of handling waste from a two-family dwelling, and that
there is sufficient area of suitable soils for construction of both an original and a
replacement system adequate to serve a two-family dwelling;
3) If a single private sewerage system is to serve the two-family dwelling, covenants,
restrictions, or a joint sewerage system agreement approved by the Plan
Commission is or will be imposed upon the parcel allocating maintenance, repair
and replacement responsibilities for the sewerage system among the dwelling
owners.
a. Single-Family Detached Dwellings.
1) Minimum: lot area: 20,000 sq. ft.
2) Minimum lot width: 100 feet.
3)
Minimum front yard: 40 feet, except that the setback for lots in platted
subdivisions shall be as identified in the Final Plat as approved by the Town
Board;
4) Minimum rear yard: 30 feet.
5) Minimum side yard: 12 feet, but in no case less than 30-foot combined side yards.
6) Maximum height: 35 feet (2 1/2 stories).
b. Other Permissible Principal Uses and Structures.
1) Minimum lot area: one acre.
3) Minimum front yard: 40 feet.
6) Permitted Signs.
a. Permitted signs in the A-1 Agricultural District.
b. Temporary signs advertising the sale or lease of the subject real estate provided such
sign is displayed for a period not to exceed 180 days.
c. Signs defined in section 13-1-2(b)(40) a-f.
a. Applicable requirements as specified in the A-1 Agricultural District.
b. Convalescent and nursing homes: one per five beds plus one per employee.
d) RM RESIDENTIAL DISTRICT (MEDIUM DENSITY)
1) Purpose.
a. To establish and maintain areas of the Town for medium-density residential development
where public sewer facilities are available.
b. To provide appropriate buffering by the use of increased setbacks where multi-family
development is proposed to abut existing single- or two-family development.
b. Two-family dwellings.
c. Family day care homes as defined by section 66.1017, Wisconsin Statutes, as
amended.
d. Parks and playgrounds on land dedicated to the Town.
principal uses and structures, provided that any accessory structure meets the
a. Single-family attached dwellings.
b. Multiple-family dwellings provided principal access is available on a public street.
c. Unified Development (see section 13-1-6(h) ).
d. Public Utility Installations.
e. Public and semipublic nonprofit institutional uses including churches, schools,
f. Convalescent or nursing homes.
g. Accessory structures exceeding the permitted size limits or not conforming to the
other requirements of section 13-1-5(d)3, above.
1) Minimum lot area: 16,000 sq. ft.
3) Minimum front yard: 40 feet, except that the setback for lots in platted
Board;
b. Two-Family Single-Story Dwellings.
1) Minimum lot area: 18,000 sq. ft.;
Board;
5) Minimum side yard-10 feet, but in no case less than 25-foot combined side yards.
6) Maximum height: 35 feet (2 ½ stories)
c. Single-Family Two-Story Dwellings.
Board;
6) Maximum height: 35 feet (2 ½ stories).
d. Multiple-Family Dwellings.
(1) Minimum lot area: 18,000 sq. ft. regardless of the number of units, minimum of
3,000 sq. ft. for each dwelling unit if more than 5 units (e.g., 20-unit development
requires minimum of 60,000 sq. ft. lot area).
(2) Minimum lot width: 100 feet.
(3) Minimum front yard: 40 feet, except that the setback for lots in platted
Board.
(4) Minimum rear yard: 30 feet.
(5) Minimum side yard: 20 feet each side. Yard minimum must be increased by 30
feet on the abutting side if the development abuts, or will abut, planned, singlefamily or two-family dwellings.
(6) Maximum: height: 45 feet (3 stories).
(7) Maximum lot coverage: 20 percent.
6) Permitted Signs.
a. Signs defined under section 13-1-2(b)(40) a-f.
sign is displayed for a period not to exceed 180 days.
b. Single-Family dwellings: 2 per unit.
c. Multiple-family dwellings: 2 ½ per unit (if a garage is provided for a unit, it shall be
counted as one of the required parking spaces for that unit). Parking areas for
multiple-family developments must be paved, with parking spaces marked.
8) Animal Housing. There shall be a limit of two animals (dogs or cats only) per dwelling
unit. All animals must be kept under control and shall remain on the owner's property.
All animals must be kept and controlled so that no nuisance is created.
e) RL RESIDENTIAL DISTRICT (LOW DENSITY)
1) Purpose.
a. To establish and maintain areas of the Town for lower-density residential
development.
b. Family day care homes as defined by Section 66.1017 of the Wisconsin Statutes, as
amended.
b. Two-family Dwellings, provided that the following minimum requirements are met in
addition to any other requirements imposed by the Town Board:
1) Dimensional requirements.
a) Minimum: lot area: 30,000 sq. ft.(15,000 sq. ft. per dwelling unit).
c) Minimum front yard: 40 feet, except that the setback for lots in platted
Board;
d) Minimum rear yard: 30 feet.
e) Minimum side yard: 15 feet each side, but in no case less than 35-foot
combined side yards.
f) Maximum height: 35 feet (2 ½ stories).
2) If the property is to be served by a private sewerage system, soil tests performed by
a certified soil tester, and approved or confirmed by the County Sanitarian,
indicate that the parcel is suitable for installation of a private sewerage system
capable of handling waste from a two-family dwelling, and that there is sufficient
area of suitable soils for construction of both an original and a replacement
system adequate to serve a two-family dwelling;
3) If a single private sewerage system is to serve the two-family dwelling, covenants,
restrictions, or a joint sewerage system agreement approved by the Town Board is
or will be imposed upon the parcel allocating maintenance, repair and
replacement responsibilities for the sewerage system among the dwelling owners;
4) Two-family dwellings shall be interspersed with single-family dwellings within
the subdivision or development and no more than three (3) lots adjacent to each
other may be developed with two-family dwellings. Any 3-lot block of twofamily dwellings must be separated from another 3-lot block of two-family
dwellings by at least 3 single-family dwelling lots. This provision may be waived
only where two-family dwellings are used to buffer a residential development
from a Commercial or Industrial District or a commercial or industrial lot or use.
c. Unified Development (see section 13-1-6(h).
d. Public utility installations.
e. Clubs and organizations not conducted as a gainful business.
f. Cemeteries.
g. Private Airports.
h. Public and semipublic nonprofit institutional uses including churches, schools,
i. Agricultural uses including general farming, pasture, grazing, truck farming, forestry
and other agricultural uses of a similar nature, and horses kept for pleasure and hobby
purposes.
j. Detached accessory buildings in excess of 100 sq. st. in a side yard.
k. Accessory structures exceeding the permitted 600-sq. st. size limits or not conforming
to the other requirements of section 13-1-5(e)(3)a, above.
1) Minimum lot area: 30,000 sq. ft.
Board;
5) Minimum side yard - 15 feet each side, but in no case less than 35- foot combined
side yards.
6) Maximum height: 35 ft. (2 ½ stories).
5) Permitted Signs.
a. Signs defined under section 13-1-2(b)(40) a-f.
sign is displayed for a period not to exceed 10 days after the closing on the sale or
lease of the premises.
c. Platted subdivision signs at the main entrance to the subdivision, no larger than 32 sq.
ft., permitted only until all lots in the subdivision are sold.
b. Two-family dwellings: 3 per unit (if a garage is provided for a unit, it shall be
counted as one of the required parking spaces for that unit).
8) Animal Housing. There shall be a limit of four animals (dogs or cats only) per singlefamily dwelling unit and a limit of two animals (dogs or cats only) per family per twofamily dwelling unit. All animals must be kept under control and shall remain on the
owner's property. All animals must be kept and controlled so that no nuisance is created.
f) RO RESIDENTIAL DISTRICT (OPEN DENSITY)
1) Purpose.
a. To establish and maintain areas of the Town for large-lot, low-density residential
development.
b. To provide areas for residential development while preserving a “rural” character in
portions of the Town.
b.
Family day care homes as defined by section 66.1017, Wisconsin Statutes, as
amended.
b. Two-family Dwellings, provided that the following minimum requirements are met in
addition to any other requirements imposed by the Town Board:
1) Dimensional requirements.
a) Minimum: lot area: 65,000 sq. ft.
c) Minimum front and rear yards: 50 feet.
d) Minimum side yard - 20 feet each side, but in no case less than 45-foot
combined side yards.
e) Maximum: height: 42 ft..
2) If the property is to be served by a private sewerage system, soil tests performed
by a certified soil tester, and approved or confirmed by the County Sanitarian,
indicate that the parcel is suitable for installation of a private sewerage system
capable of handling waste from a two-family dwelling, and that there is sufficient
area of suitable soils for construction of both an original and a replacement
system adequate to serve a two-family dwelling;
3)
If a single private sewerage system is to serve the two-family dwelling,
covenants, restrictions, or a joint sewerage system agreement approved by the
Town Board is or will be imposed upon the parcel allocating maintenance, repair
and replacement responsibilities for the sewerage system among the dwelling
owners;
4) Two-family dwellings shall be interspersed with single-family dwellings within
the subdivision or development and no more than three (3) lots adjacent to each
other may be developed with two-family dwellings. Any 3-lot block of twofamily dwellings must be separated from another 3-lot block of two-family
dwellings by at least 3 single-family dwelling lots. This provision may be waived
only where two-family dwellings are used to buffer a residential development
from a Commercial or Industrial District or a commercial or industrial lot or use.
c. Unified Development (see section 13-1-6(h).
d. Public utility installations.
e. Clubs and organizations not conducted as a gainful business.
f. Cemeteries.
g. Private Airports.
h. Public and semipublic nonprofit institutional uses including churches, schools,
i. Agricultural uses including general farming, pasture, grazing, truck farming, forestry
and other agricultural uses of a similar nature, and horses kept for pleasure and hobby
purposes.
j. Detached accessory buildings in excess of 100 sq. st. in a side yard.
k. Accessory structures exceeding the permitted 600-sq. st. size limits or not conforming
to the other requirements of section 13-1-5(f)(3), above.
3) Minimum front and rear yards: 50 feet.
4) Minimum side yard: 15 feet each side, but in no case less than 35- foot combined
side yards.
5)Maximum height: 42 feet.
6) Permitted Signs.
a.
Signs defined under section 13-1-2(b)(40) a-f.
b.
Temporary signs advertising the sale of lease of the subject real estate provided
such sign is displayed for a period not to exceed 10 days after the closing on the
sale or lease of the premises.
c.
Platted subdivision signs at the main entrance to the subdivision, no larger than 32
sq. ft., permitted only until all lots in the subdivision are sold.
b. Two-family dwellings: 3 per unit (if a garage is provided for a unit, it shall be
counted as one of the required parking spaces for that unit).
8) Animal Housing. There shall be a limit of four animals (dogs or cats only) per singlefamily dwelling unit and a limit of two animals (dogs or cats only) per family per twofamily dwelling unit. All animals must be kept under control and shall remain on the
owner's property. All animals must be kept and controlled so that no nuisance is created.
g) C COMMERCIAL
1) Purpose. To establish and maintain areas of the Town for general commercial use.
a. Retail establishments including department, grocery, specialty, hardware and
drugstores and uses of a similar nature.
b. Personal and general service establishments including banks, barbers, cleaners,
restaurants, taverns, repair shops and uses of a similar nature.
c. Wholesale, warehouse and building supply establishments.
d. Automobile, farm implement and boat dealers and repair shops.
e. Offices and public buildings.
f. Public and private institutional uses.
g. Printing and publishing.
h. Mobile home sales and service establishments.
i. Theaters, except drive-in theaters.
j. Motels.
k. Transportation terminals.
l. Automobile filling stations.
m. Funeral homes.
n. Gardens, orchards and nurseries including where a store is maintained on the
premises.
o. Recreational establishments including bowling alleys, skating rinks, billiard parlors,
dance halls and uses of a similar nature.
principal uses and structures.
a. Public utility installations.
b. Agricultural related businesses such as feedmills, farm coops, creameries, milk
c. Temporary exposition, carnival or fair.
d. Light manufacturing uses including bottling, packaging, laboratories, and the like.
e. Billboards or signs in excess of twenty-five (25) square feet.
f. Clinics.
g. Mobile Home Parks, where sanitary sewers are available.
h. Dog Kennels.
i. All "Permitted Principal", "Permitted Accessory" and "Special Exception" uses and
structures in the RR, RM and RH residential district schedules, with the applicable
"Dimensional", "Permitted Signs" and "Off-Street Parking" requirements.
5) Dimensional Requirements and Lot Screening.
a. All Permissible Principal Uses and Structures.
1) Minimum: lot area-16,000 sq. ft. for lots served by public sanitary sewers and
20,000 sq. ft. for lots not served by public sanitary sewers;
All minimum side yard requirements shall be increased in width one foot for
every two feet the principal building exceeds 50 feet in height.
6) Any yard within the commercial district which is directly adjacent to a residential
district without an intervening street shall provide a landscaped strip not less than
seven ft. in depth if at the rear and seven ft. in width if at the side.
7) Any commercial use may be required to be appropriately screened from adjoining
residential districts by a fence, wall or shrubs.
6) Permitted Signs.
a. One (1) sign limited to 25 square feet in area, either single-faced or double-faced, not
to exceed 25 square feet on either side. Moving, flashing or blinking lighted signs are
not permitted. No sign shall be erected within ten (10) feet of any front lot line or ten
(10) feet of any side lot line.
b. Temporary signs either lighted (whether blinking or flashing lights) or unlighted may
be erected only with the express, written permission of the Town Building Inspector
who shall issue a permit for a fee of twenty dollars ($20.00) which shall cover a
period not to exceed ten (10) days. The Building Inspector's decision shall be
unappealable.
c. Signs defined under section 13-1-2(b)(40) a-f.
d. Temporary signs advertising the sale or lease of the subject real estate.
a. Applicable parking requirements as specified in the A-1 Agricultural District.
b. Retail and personal service establishments other than restaurants: one per 200 square
feet of floor area.
c. Restaurants and recreational establishments other than theaters: one per 100 square
feet of floor area.
d. Theaters and taverns: one per three persons of maximum capacity.
e. General service establishments, printing and publishing: one per employee.
f. Offices, clinics, public and private institutional uses: one per 200 square feet of floor
area.
g. Hotels: one per sleeping room.
h. Funeral homes: one per three seats.
i. Wholesale, warehouse, and building supply establishments: minimum of four, plus
one additional for each 3,000 square feet over 12,000 square feet of floor area.
j. Light manufacturing: one per employee.
h) I INDUSTRIAL DISTRICT
1) Purpose. To establish and maintain areas of the Town for general industrial use.
a. Wholesale, warehouse, and building supply establishments.
b. Automobile, farm implement and boat dealers and repair shops.
c. Offices and office buildings.
d. Printing and publishing.
e. Mobile homes sales and service.
f. Automobile filling stations.
g. Transportation terminals.
h. Public utility installations.
i. Agricultural-related businesses such as feedmills, farm coops, creameries, milk
j. Light manufacturing uses including bottling, packaging, laboratories and the like.
k. Manufacturing uses including production, processing, cleaning, testing and the
distribution of materials and goods provided:
1) No activity or operation shall transmit any noise exceeding a sound level of 75
dBA when measured within a property boundary outside of the Industrial District.
(Noises not directly under the control of the property user, from temporary
construction or maintenance and from emergency, safety or warning devices shall
be exempt.);
2) No operation or activity shall transmit any physical vibration that is above the
vibration perception threshold of an individual within a property boundary outside
of the Industrial District;
3) No operation or activity shall emit any substance or combination of substances in
such quantities that create an objectionable odor as defined in Chapter NR 429.03,
Wisconsin Administrative Code;
4) No operation or activity shall emit any particulate matter into the ambient air
which exceeds the limitations as established in Chapter NR 436, Wisconsin
Administrative Code;
5) No operation or activity shall emit into the ambient air from any direct or portable
source any matter that will affect visibility in excess of the limitations established
in Chapter NR 431, Wisconsin Administrative Code;
6) No operation or activity shall emit any hazardous substances in such quantity,
concentration or duration as to be injurious to human health or property and all
estimates shall not exceed the limitations established in Chapter NR 445,
Wisconsin Administrative Code.
principal uses and structures.
a. Motor vehicle salvage yard.
b. Storage or warehousing of volatile substances.
c. Mobile Home Parks, where sanitary sewers are available.
d. Solid Waste Disposal Sites and Facilities.
e. Dog Kennels.
f. All "Permitted Principal", "Permitted Accessory" and "Special Exception" uses and
structures in the RR and RM, residential districts and C, Commercial District
schedules, with the applicable "Dimensional", "Permitted Signs" and "Off-Street
Parking" requirements.
5) Dimensional Requirements and Lot Screening
a. All Permissible Principal Uses and Structures.
1) Minimum lot area: 16,000 sq. ft. for lots served by public sanitary sewers and
20,000 sq. ft. for lots not served by public sanitary sewers.
All minimum side yard requirements shall be increased in width one foot for
every two feet the principal building exceeds 50 feet in height.
6) Any yard within the industrial district which is directly adjacent to a residential
district without an intervening street shall provide a landscaped strip not less than
seven feet in depth if at the rear and seven feet in width if at the side.
7) Any industrial use may be required to be appropriately screened from adjoining
residential districts by a fence, wall or shrubs.
6) Permitted Signs.
a. As specified in the C Commercial District.
a. As specified in the C Commercial District.
b. Manufacturing: one per employee on maximum shift.
SEC. 13-1-6 SUPPLEMENTARY DISTRICT REGULATIONS
a) General Application
The regulations set forth herein shall supplement or modify the regulations set forth in
section 13-1-5, Schedule of District Regulations. Unless the context of a particular section
indicates otherwise, all activities and construction shall be performed to acceptable standards,
as defined above.
b) Lots and Yards
1) More Than One Building on a Lot. In any district, more than one building housing a
principal use may be erected on a single lot provided that yard and other requirements of
this Zoning Code shall be met for each building as though it were on an individual lot.
2) Through Lots. On through lots or lots with double frontage, the required front yard shall
be provided on each street. On corner lots the street side yard shall equal the required
front yard for lots fronting on that street.
3) Development on Mapped Streets. Where an official line has been established for the
future widening or opening of a street, the depth of a front yard or the width of a side
yard shall be measured from such official line to the nearest line of the building.
4) Access. Every building housing a principal use hereafter erected or moved shall be on a
lot with direct access to a public or private street and all such buildings shall be so
located as to provide safe and convenient access for servicing and off-street parking.
5) Building Groups. In any nonresidential district a group of buildings separated only by
common or party walls shall be considered as one building.
6) Residential Lot Area. In districts permitting two-family or multiple-family dwellings
where the area of property is such that a portion remains after full requirements have
been met for other dwelling units on the same property, the following rules shall guide
the Building Inspector in issuing permits, and no relaxation will be permitted by a
variance:
a. Two units shall be permitted on a lot containing area required for one unit and ninety
(90%) percent of the area for a second unit;
b. Three units shall be permitted on a lot containing area required for two units and
eighty-five (85%) percent of the area required for a third unit;
c. One additional unit shall be permitted on a lot containing area required for three or
more units and eighty (80%) percent of the area required for the additional unit.
c) Accessory Uses and Structures
1) Attached Accessory Buildings. All accessory buildings which are attached to the
principal building shall comply with the yard requirements of the principal building.
2) Detached Accessory Buildings. No detached accessory building shall occupy any portion
of the front yard. Detached accessory buildings of less than 100 square feet are
authorized as permitted accessory uses in a side yard. Detached accessory buildings in
excess of 100 square feet are special exception uses in a side yard. All detached
accessory buildings must meet the dimensional requirements of this Zoning Code.
3) Vision-Corner Clearance: On corner lots and on the right-of-way within the vision
clearance triangle, it shall be unlawful to install, to set out, to park or maintain, or to
allow such installation, setting out, parking or maintenance of any structures, vehicles,
signs, hedges, shrubbery, natural growth or other obstruction of view between two and a
half feet and eight feet above the grade of the intersection of street centerlines adjacent
thereto. The vision clearance triangle shall be determined by measuring 80 feet along the
centerlines of closest adjacent intersecting road surfaces from the point of intersection of
the same and connecting these points with a line, thus defining a triangular area including
right-of-way and property adjacent thereto. Allowable installations within the vision
clearance area: utility and street light poles when no safer alternative location is
available; trees, saplings or plant species with growth habits which develop no significant
foliage which will obstruct view in the two and a half to eight foot clearance area; official
signs and signals; and on-street parking when traffic controls exist which permit
decreased sight lines.
4) Fences.
a. Open Fences.
1) Residence Districts.
a) two and a half feet maximum height within the vision-corner clearance
triangle.
b) five feet maximum height.
c) unlimited maximum height adjacent to nonresidential uses or districts.
Permitted only in side or rear yards.
2) Non-residence districts: ten feet maximum height.
3) Schools in any district: unlimited height.
4) No barbed wire fencing may be used in a residence district.
b. Solid Fences.
1) Residence Districts.
a) two and a half feet maximum height within the vision-corner clearance
triangle.
b) six feet maximum height permitted only in side or rear yards.
c) ten feet maximum height adjacent to nonresidential uses or districts, to within
fifteen feet of the front lot line.
2) Non-residence districts: ten feet maximum height.
3) No barbed wire fencing may be used in a residence district.
c. Permits.
1) All fences shall be properly maintained both as to structure and appearance. The
Building Inspector shall have the authority to order the repair of fences. Fences
shall be repaired within thirty days of the Building Inspector's Order. Failure to
comply with the Building Inspector's Order shall subject the property owner to the
penalties under section 13-1-8 of this Zoning Code.
2) No building permit is required for fences of a maximum height of two and one
half feet and less than fifty feet in total length.
3) In all districts except agricultural, all fences shall be set back two feet from the
property lot line.
4) No building permit is required for temporary, seasonal fences (e.g. snow fences).
5) No building permit is required for fences located within agricultural districts
when used for the purpose of containing livestock.
5) Dog Kennels. No dog kennels are allowed in high density (RH) or medium density (RM)
Residential Districts.
d) Height. The height limitations contained in section 13-1-5 do not apply to belfries, cupolas,
antennas, water tanks, elevator bulkheads, chimneys, spires, flagpoles or other appurtenances
usually required to be placed above the roof level and not intended for human occupancy.
e) Storage of Junk, Refuse, Debris and Disabled or Damaged Motor Vehicles. The open
storage of junk, refuse, scrap, debris, disabled or damaged motor vehicles (whether awaiting
repair or not; whether licensed or not) is prohibited in all zoning districts. Enclosed storage,
when permitted within a zoning district, shall be completely surrounded by a solid fence or
wall which completely obscures the vision of the storage from beyond the property.
f) Mobile Homes, Trailers, Boats, Snowmobiles, Etc. Except in established mobile home
parks and tourist camps, mobile homes, travel trailers, camping trailers and slide-on campers
shall not be occupied for dwelling purposes. No more than one camping trailer or slide-on
camper or travel trailer or motor home or snowmobile and snowmobile trailer as a unit or
boat and boat trailer as a unit or utility trailer may be parked or stored in the open, and then
only at the side or rear of the principal structure, without a permit from the zoning code
enforcing officer. No cargo or storage trailers or containers shall be allowed in any
residential or agricultural district. Semi-trailer and semi-truck parking shall not be permitted
in any residential district or agricultural district (unless used for agricultural purposes in the
agricultural district).
g) Parking and Storage of Motor Vehicle, Boats, Snowmobiles, Cargo Trailers, Recreation
Vehicles and Similar Vehicles. Boats, snowmobiles, cargo trailers, motor vehicles,
recreation vehicles and similar vehicles may be parked or stored in the open when customary
in the operation of a lawfully established principal use, and one such vehicle may be stored
or parked on a residential lot provided that it is not located in any required front yard and no
major repair, disassembly or rebuilding operations are conducted thereon.
h) Unified Development
1) Intent. The purpose of the unified development regulations is to promote the maximum
benefit which can be derived from coordinated area site planning, diversified location of
structures and a mixture of compatible uses conceived and implemented as a
comprehensive and cohesive project. It is further intended to encourage the preservation
of open land and natural features such as woods, streams and wetlands as integral
components of the development. To this end, the regulations provide for the
development of land on a comprehensive and unified basis rather than through the
application of fixed formulas.
2) Permitted Uses
a. In a unified development, any uses permitted in any of the other districts of this
Zoning Code may be permitted provided, however, that no use shall be permitted
except in conformity with a precise development plan pursuant to the criteria for
approval and the procedural requirements of the unified development provisions.
b. Specific lot size, density, open space, building location, height, size, floor area and
other such requirements shall be based upon determination as to their appropriateness
to the proposed uses or structures as they relate to the total environmental concept of
the planned development consistent with the criteria set forth herein and with those
generally accepted basic standards necessary to insure the protection of the public
health, safety and welfare.
c. Such requirements as are made a part of an approved precise development plan shall
be, along with the plan itself, construed to be and enforced as a part of this Zoning
Code.
3) Design Standards. Design standards for streets, sidewalks, street lighting, storm
drainage, lot size, lot arrangement, or other elements of the development shall be based
upon a determination of specific function and relationship to the total development and
compatibility with the existing pattern in areas peripheral to the development. In no case
shall minimal construction standards be less than those necessary to protect the public
health, safety and welfare. Precise standards shall be made a part of the approved plan,
and shall be construed to be and enforced as part of this Zoning Code.
4) Criteria for Approval. Approval of a unified development shall be based upon
determination of the following criteria:
a. The proposed development is consistent with the spirit and intent of these regulations,
has been prepared with competent professional advice and guidance and produces
significant benefits in terms of improved environmental design to justify the
application of the "unified development" concept;
b. The development reflects sensitive consideration of the physical nature of the site
with particular concern for conservation of natural features, preservation of open
space, proper drainage and preservation of natural terrain wherever appropriate;
c. The development is internally consistent by type and intensity of use and compatible
with development in the surrounding area;
d. The development can be provided with appropriate municipal services and would not
conflict with or cause overload on such facilities as schools, highways, police, fire or
utility services;
e. The development has appropriate design standards to facilitate adequate circulation,
parking, emergency services, delivery service and snowplowing;
f. Adequate provision has been made to insure proper maintenance and preservation of
any common areas provided for the recreation and aesthetic enhancement of the
development.
5) Procedure
a. Pre-application Conference. Prior to submitting an application for a special
exception, it is recommended that the applicant confer with the Planning Commission
in order to establish mutual understanding of the concept proposed and the
requirements applicable to a unified development.
b. General Development Plan. A general development plan shall be submitted
concurrently with an application for a special exception with the Town Board. The
Town Board shall refer the proposed general development plan to the Plan
Commission for its recommendation. The general development plan shall contain the
following information:
1) The title of the project and names of the professional project planner and the
developer;
2) The pattern of proposed uses including the size and arrangement of lots and use
areas, the density of development and the environmental character of the site;
3) The basic street and utility pattern;
4) The location, size, and character of recreational and open space areas;
5) The number of dwelling units and the lot area and floor area of the dwelling units
and the location of nonresidential uses;
6) An outline of intended organizational structure of property owners' association
and all easements, deed restrictions and covenants.
c. Findings and Recommendations. The Planning Commission may recommend to the
Town Board that the special exception for a unified development be approved,
approved subject to stated conditions or disapproved. The Town Board shall make
the final decision to grant or deny the special exception. All terms, conditions or
safeguards made at the time of approval of a special exception shall be binding upon
the applicant or any successor in interest.
d. Implementation Plan. Implementation plans for development of land approved as a
unified development shall be processed in accordance with standard subdivision
review procedures. Implementation plans shall be in substantial compliance with the
approved general development plan and shall include the following information:
1) Building locations and architectural definitions of all structures proposed;
2) Master landscape plan;
3) Specific designation of proposed uses including public and private roads, parking
facilities, walkways and specific treatment of any common open space or
recreational areas;
4) Detailed storm drainage, sanitary sewer and water system plans;
5) Proposed engineering standards for all streets and walkways;
6) Agreements, bylaws, covenants and easements.
6) Building Permits. Approval of a unified development plan does not constitute approval
for the construction of individual buildings or structures in the development. Separate
approval shall be required upon application for building permits.
i) Buffers in New Subdivisions. The Plan Commission, in its sole discretion, may of a new
subdivision in order to seclude the subdivision, maintain the seclusion of an adjoining
subdivision or existing residential development, or to provide a buffer against an adjoining,
nonresidential land use. The Plan Commission may make the recommendation that a berm
be constructed only upon unanimous vote of the Plan Commission. The Town Board shall
make the final decision as to whether a conservancy strip, berm or other buffer is required.
j) Two-Family Dwelling Architectural Controls. Design of two-family homes in subdivisions,
developments and neighborhoods shall be well balanced. Patterns, rhythms, and articulation
of architectural elements are encouraged. Owners or builders are encouraged to vary and
mix brick, other masonry materials, trim, siding, roofing and paint color of two-family
homes. It is the intent of this zoning code to vary color, hue and texture as much as
reasonably feasible.
The identical front exterior brick or other masonry materials color or siding color may not
be duplicated on dwellings within two lots of that home. For example: a dwelling on lot 7
may have the same brick color or other masonry material color, or siding as the dwelling
on lot 10, but not on lot 9, and the same brick or other masonry material color, siding
color as on lot 4 but not on lot 5, nor on a lot directly across the street from lot 7.
No exterior color may be exactly duplicated on any two-family dwellings directly
contiguous to each other and on the same side of the street. Exterior trim and roof colors
may be duplicated directly contiguous to each other.
k) Development Within the “Red Corridor”.
1) Red Corridor Defined. The Red Corridor is the area adjacent to the East Branch of the
Fond du Lac River (“the River”) between the Wisconsin Central Railroad tracks where
they cross the East Branch of the Fond du Lac River and C.T.H. D.
2) Conservancy Area Defined. A “Conservancy Area” is an area in which no structures
may be constructed and cutting of vegetation and native trees is prohibited except where
a view or recreation corridor is permitted or required.
3) Applicability. The provisions of this subsection (k) apply only to land use and
development within the Red Corridor. Where the provisions of this subsection (k)
conflict with other provisions of this Zoning Code related to lot size and building
setbacks, this subsection (k) shall control.
4) Conservancy Area Required. A 150-foot Conservancy Area setback, measured from the
ordinary high water mark of the East Branch of the Fond du Lac River, is required for all
development within the Red Corridor. No native trees (trees indigenous to Fond du Lac
County) or grass may be cut within a Conservancy Area except in required or permitted
view/recreation corridors. Noxious weeds may be cut within the Conservancy Area.
5) View/Recreation Corridor. Residential subdivision plats may provide a view/recreation
corridor to the River, in a location and configuration approved by the Plan Commission.
The view/recreation corridor may not exceed 25% of the River frontage included in the
plat. The view/recreation corridor may be maintained in lawn-type grass. Gravel or
paved paths are not permitted in the view/recreation corridor. No view/recreation
corridor shall be permitted in commercial, industrial or future farm developments.
6) Lot Size and Setback. Lots with River frontage shall have a minimum width of 150 feet,
a minimum Conservancy Area building setback of 150 feet from the ordinary high water
mark of the River, and a minimum buildable lot area of 20,000 square feet. ”Buildable
area” means the total lot area remaining after deducting the 150-foot Conservancy Area
setback. A view/recreation corridor to the River not to exceed 35 feet in width per lot
shall be permitted. Lots of record in existence prior to the date of adoption of this
amendment (being February 10, 2003) are exempt from the Conservancy Area building
setback requirement.
7) Lots of Record. Lots in existence prior to the date of adoption of this amendment
(February 10, 2003) are exempt from the provisions of this amendment. No further
encroachment on to the river will be permitted in the Conservancy Area on lots of record.
Agricultural farm fields shall not be considered lots of record.
8) Municipal Park Areas. A Conservancy Area is not required in any municipal park within
the Red Corridor. The River bank in any park shall be maintained to prevent erosion and
inflow from areas outside of the park. An area not less than 75 feet from the ordinary
high water mark of the River must be maintained as lawn, or in a natural state with only
noxious weeds being cut. No native trees larger than 4 inches in diameter may be
removed, and no paved or graveled paths, boat ramps, piers or other similar structures or
improvements are permitted within the 75-foot natural corridor.
9) Agricultural Uses Within the Red Corridor. Existing agricultural uses shall be allowed in
the Red Corridor setback requirement. Agricultural use may not be extended farther into
the 150-foot required setback than they are at date of adoption of this amendment.
Ordinary maintenance of field tile, ditches and etc. will be allowed within the 150-foot
setback. Operations sanctioned under other DNR or other Federal or State Government
Programs will be allowed. If agricultural use of the area within the required 150-foot
setback is discontinued for a period of one (1) year all requirements of this amendment
shall apply.
10) Existing Buildings Within the Red Corridor. Notwithstanding any other provision of this
Zoning Code, existing buildings located within the red corridor at the date of adoption of
this amendment may be rebuilt and repaired if partially or totally destroyed by an act of
God or nature.
SEC. 13-1-7
PERMITS
a) Applicability. No structure (except signs exempt from the provisions of this Zoning Code
defined in section 13-1-2(b)(40) and no building shall be erected, constructed, reconstructed,
altered, moved or enlarged until a building permit has been obtained from the Building
Inspector.
b) Application for Building Permit. Application for a building permit shall be made in writing
upon a form furnished by the Building Inspector and shall include the following information:
1) Name and address of the owner of the land or the owner of the building or structure if
different;
2) Statement as to the proposed use of the structure, building or land;
3) Site layout drawn to scale showing the location and dimensions of all proposed buildings
and uses;
4) Lot dimensions and the location, dimensions and arrangements of all open spaces, yards,
parking and signs. Methods to be used for screening shall be included where applicable;
5) Other information as required by this Zoning Code or necessary for the Building
Inspector to enforce the provisions of this Zoning Code.
c) Approval of Permit. If the Building Inspector determines that the proposed building or
structure will comply with the provisions of this Zoning Code and all applicable laws and
orders of the State of Wisconsin, he shall officially approve and sign one set of plans and
return it to the Permit Issuer who shall issue a building permit which shall be kept on display
at the site of the proposed building.
d) Use as Provided in Application and Plans. Building permits issued on the basis of plans
and applications approved by the Building Inspector authorizes only the use, arrangement
and construction set forth in such approved plans and applications. Use, arrangement or
construction at variance with that authorized shall be deemed a violation of this Zoning
Code.
e) Improper Issuance. A permit which was improperly issued or not issued in accordance
with the standards and procedures as set forth in this Zoning Code shall not create any right
in said permit and the Town shall be entitled to revoke said permit.
f) Prior Permits. No building permit lawfully issued by the Building Inspector prior to the
effective date of adoption or amendment of this Zoning Code shall be invalidated by the
adoption or amendment of this Zoning Code. Such permit shall remain valid and subsisting
subject only to its own terms.
g) Time Limit On Permits. Building permits issued pursuant to this section are valid for a
period of twelve months from the date of issuance. The permittee shall initiate substantial
work or improvements prior to the termination of twelve months from date of issuance. If
substantial work or improvements have not begun prior to twelve months from date of
issuance, the building permit issued pursuant to this section shall lapse and the permittee
shall be required to reapply as set forth above in this section. Consideration of "substantial
work or improvements" shall include but is not limited to the following factors: amount of
labor; expenditures; economic value of materials and labor; hardship to the owner; reasons
for delay in construction; and such other factors as the Building Inspector deems relevant.
The Building Inspector's decision on this matter may be appealed to the Board of Appeals.
SEC. 13-1-8 ENFORCEMENT, REMEDIES AND PENALTIES
a) Building Inspector: Duties and Powers. The provisions of this Zoning Code shall be
administered and enforced by the Building Inspector who shall be appointed by the Town
Board Chairman and confirmed by the Town Board. The Building Inspector shall:
1) Examine all applications for building permits and approve such permits only where there
is compliance with the provisions of this Zoning Code. Permits requiring a special
exception shall be referred to the Board of Appeals for action thereon and shall be issued
only upon order of the Board of Appeals;
2) Conduct inspections to determine compliance or noncompliance with the provisions of
this Zoning Code;
3) Issue stop, cease and desist orders, and orders requiring the correction of all conditions
found to be in violation of the provisions of this zoning code. Such written orders shall
be served personally or by certified mail upon persons deemed by the Building Inspector
to be violating the provisions of this Zoning Code. It shall be unlawful for any person to
violate any such order issued by the Building Inspector;
4) With the approval of the Town Board, or when directed by them, institute in the name of
the Town any appropriate action or proceedings to prevent any violation of this Zoning
Code;
5) Revoke by order any building permit approved under a misstatement of fact or contrary
to the law or provisions of this Zoning Code;
6) Maintain a map or maps of all nonconformities and special exceptions, and maintain a
file on each;
7) Upon the request of the Town Board, Town Board Chairman, Planning Commission or
Board of Appeals, present to such persons or bodies, facts, records or reports which they
may request to assist them in making decisions, or assist them in any other way as
requested.
b) Remedies. In the event any building or structure is or is proposed to be erected, constructed,
reconstructed, altered, converted or maintained, or any building, structure or land is or is
proposed to be used in violation of this Zoning Code, the appropriate authorities of the Town,
and any adjacent or neighboring property owners who would be damaged by such violation
may, in addition to other remedies, institute appropriate action or proceedings to prevent,
restrain, correct or abate such violation, to prevent the occupancy of said building, structure
or land, or to prevent any illegal act, conduct, business or use in or about such premises.
c) Penalties. Any person who violates any provision of this Zoning Code or any order, rule or
regulation made hereunder shall, upon conviction, be fined not less than $25.00, nor more
than $500.00 for each offense, together with the costs of prosecution and, in default of
payment of such fine and costs of prosecution, shall be imprisoned in the Fond du Lac
County jail until such fine and forfeitures are paid, but not to exceed thirty days. Whenever a
person shall have been notified in writing by the Building Inspector that he is in violation of
the provisions of this Zoning Code, such person shall commence correction of all violations
within seven days after notice, and shall correct all violations within thirty days after notice.
If corrections are not commenced within seven days of written notice or not corrected within
thirty days of written notice, each day that a violation continues shall be considered a
separate offense.
SEC. 13-1-9 BOARD OF APPEALS
a) Establishment of Board. In order that the objectives of this Zoning Code may be more fully
and equitably achieved and a means for interpretation provided, there is established a Board
of Appeals (hereinafter referred to in this section as the Board).
b) Membership and Terms of Office.
1) Board Members. The Board shall consist of five members appointed by the Town Board.
Not more than one Town Board Supervisor may be a member of the Board of Appeals.
The Town Board shall designate one member Chairman and one member Secretary.
Board members may be removed from office by the Town Board for cause.
2) Alternate Members. The Town Chairman may appoint three alternate members to the
Board. Annually, the Town Board Chairman shall designate one of the alternate
members as first alternate, the next as second alternate, and the last as third alternate.
The first alternate shall act, with full power, only when a member of the Board is absent
or refuses to vote because of a conflict of interest. The second or third alternate,
respectively, shall act only when the first or second alternate refuses to act, is absent, or
when more than one member of the Board so refuses or is absent. No more than two
alternates may serve at a hearing at the same time.
3) Terms. Board members shall be appointed to three year terms, except for those first
appointed, in which case, one member shall serve for one year, two members for two
years and two members for three years. Alternate members shall serve staggered terms
of three years.
4) Vacancies. Vacancies shall be filled for the unexpired terms of members whose terms
become vacant.
c) Procedures, Meetings, Records and Decisions.
1) Meetings. Meetings of the Board shall be held at the call of the Chairman and at such
other times as the Board may determine. Such Chairman or, in his absence, the acting
chairman, may administer oaths and compel the attendance of witnesses. All meetings of
the Board shall be open to the public.
Three members of the Board of Appeals or alternate members of the Board of Appeals
shall be necessary to comprise a quorum.
2) Records and Decisions. The Board 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 and other official actions, all of which
shall be immediately filed as public records.
All actions or decisions shall be taken by resolution in which a majority of the members
present during the proceedings must concur. Each resolution or decision shall contain
findings of fact supporting the basis of such resolution or decision. The Chairman shall
notify the Town Board of all decisions and resolutions. The foregoing notwithstanding,
the concurring vote of 4 members of the Board shall be necessary to reverse any order,
requirement, decision or determination of the Building Inspector, or to grant a variance or
special exception under this Zoning Code.
3) Public Hearing. Upon the filing with the Board of an application for an appeal, variance
or special exception, the Board shall fix a reasonable time (not more than sixty days from
the filing date) for a public hearing. A Class 1 notice pursuant to Chapter 985, Wisconsin
Statutes, shall be published in the official newspaper of the Town specifying the date,
time and place of the hearing and the matters to come before the Board. Notices shall
also be mailed to the parties at interest, as determined by the Board.
4) Fees. Appellants and applicants for a variance or special exception shall pay a designated
fee as determined by the Town Board to the Secretary of the Board of Appeals upon
filing an appeal or application. No action shall be taken on any appeal or application
until such fee has been paid.
d) Appeals.
1) Power and Duties. The Board shall have the power to hear and decide appeals by any
person aggrieved or by any officer, department, board or bureau of the Town affected by
any decision of the Building Inspector. The Board may reverse or affirm, wholly or
partly, or may modify the decision appealed from, and issue, or direct the issuance of a
permit.
2) Procedure. An appeal from any decision of the Building Inspector shall be made within
thirty days of such decision. The appeal shall be filed with the Building Inspector and
with the Board of Appeals on a form provided by the Board specifying the grounds for
the appeal.
3) Preliminary Review. The Secretary of the Board of Appeals shall, as promptly as
possible, inform the Board concerning the appeal, and the Board may either discuss the
matter with the applicant if the applicant desires or proceed directly to order public notice
of a hearing.
If the applicant elects to withdraw the appeal any time before final determination is made
by the Board, this fact shall be noted on the application, with the signature of the
applicant, attesting withdrawal. Copies of the withdrawn application shall be returned to
the Secretary for the files of the Board, to the Permit Issuer and to the applicant.
If the appeal is not withdrawn, the Board may request the applicant to provide such
additional information as may be needed to determine the case and shall instruct the
Secretary to proceed with public notice of a hearing on the case.
4) Amendments. Amendment of an appeal by the applicant may be permitted at any time
prior to or during the public hearing, provided that no such amendment shall be such as to
make the case materially different from its description in the notice of public hearing. If
the amended notice can be published within the time frame specified for the public
hearing, the hearing on the amended appeal may be held on that date, otherwise the
chairman shall announce that the hearing originally scheduled on the case will be
deferred to a future meeting, before which appropriate public notice will be given, and
will state the reasons for the deferral.
e) Variances.
1) Powers and Duties. The Board shall have the power to authorize upon appeal a variance
from the terms of the Zoning Code where a literal enforcement of the provisions of the
Zoning Code will result in practical difficulty or unnecessary hardship.
2) Requirements for a Variance. No variance shall be granted for actions which require an
amendment to this Zoning Code. The Board shall consider the following factors in its
consideration of requests for variances:
a. The variance is not contrary to the public interest and that such a variance will be in
general harmony with the purposes and intent of this Zoning Code and the area;
b. Special conditions and circumstances exist which are peculiar to the land, structure or
building involved and which are not generally applicable to other lands, structures or
buildings in the same district;
c. The variance will not permit the establishment of a use which is not permitted in the
district;
d. The hardship results from the strict application of this Zoning Code and is not the
result of self-created or self-imposed circumstances;
e. Greater profitability, lack of knowledge of restrictions, and other variances granted
under similar circumstances are not being considered as sufficient cause for a
variance;
f. Nonconforming uses of neighboring lands, structures or buildings in the same district,
and permitted or nonconforming uses of lands, structures or buildings in other
districts are not being considered as grounds for issuance of a variance;
g. Granting the variance will not impair the adequate supply of light or air to adjacent
property, nor will it substantially increase the danger of fire or otherwise endanger the
public safety;
h. The Board may place conditions and restrictions upon the variance and the use of the
premises as it deems justified under the circumstances.
f) Special Exceptions
1) Powers and Duties. The Board shall have the power to hear and decide the following
special exceptions under this Zoning Code:
b. In A-1 Exclusive Agricultural and A-T Exclusive Agricultural (Transitional)
Districts:
(1) Livestock and poultry raising; egg production; feedlot; fur farms;
(2) Resource extraction uses including quarrying and sand and gravel pits provided
the location of such uses is appropriate to existing development and development
which may reasonably be expected within the life of the operation. The tract shall
consist of a minimum of two acres with dimensions sufficient to accommodate the
operation with minimum adverse effects on adjacent land;
(3) Municipally owned or leased airports or agricultural related airport facilities;
(4) Dog kennels;
(5) Solid Waste Disposal Sites and Facilities.
c. In the RR Rural Residential District:
(1) Airports
d. In the C Commercial District:
(1) Temporary exposition, carnival or fair;
(2) Light manufacturing uses including bottling, packaging, laboratories, and the like;
(3) Dog kennels.
e.
In the I Industrial District:
(1) Motor vehicle salvage yard;
(2) Solid Waste disposal Sites and Facilities;
(3) Dog kennels.
2) Requirements for a Special Exception. In granting a special exception, the Board shall
make findings of fact consistent with the terms of this Zoning Code. The Board shall not
grant a special exception except in conformity with the conditions and standards outlined
herein. In addition to the requirements and conditions specified herein, the Board may
impose additional conditions as deemed necessary to insure the proposed use will secure
substantially the objectives of the Zoning Code.
g) Appeal of Board Decisions. Any person or persons, jointly or severally aggrieved by any
decision of the Board of Appeals, or any taxpayer, or any officer, department, board or
bureau of the Town, may present to a court of record a petition, duly verified, setting forth
that such a decision is illegal, in whole or in part, specifying the grounds of the illegality.
Such petition shall be presented to the court within thirty days after the receipt of the decision
by the person aggrieved.
SEC. 13-1-10 AMENDMENTS
a) Power of Amendment.
1) Town Board Authority. The Town Board may from time to time on its own motion or on
petition, amend, supplement or change this Zoning Code, including the Official Zoning
Map. There is hereby established a Plan Commission consisting of five members and
two alternates, all with staggered terms. The Plan Commission shall serve at the pleasure
of the Town Board in order to fulfill the functions defined below.
b) Procedures.
1) Zoning code Amendments. The Board shall refer every proposed amendment of this
Zoning Code to the Plan Commission for a report and recommendation. If the Town
does not receive a report and recommendation from the Plan Commission within sixty
days of submitting the proposed amendments, the Board may proceed with the necessary
hearing.
2) Special Exception Review. The Board shall refer the following enumerated special
exceptions under this Zoning Code to the Plan Commission for a report and
recommendation. If the Board does not receive a report and recommendation from the
Plan Commission within sixty days of submitting the proposed special exception to the
Plan Commission, it may proceed to determine whether to grant or deny the special
exception. Applications for the following enumerated special exceptions shall be filed
with the Town Clerk.
a. In A-1 Exclusive Agricultural and A-T Exclusive Agricultural (Transitional)
Districts:
1) Residential single-family detached dwellings as a principal use and
structure, in accordance with the minimum requirements set forth under
section 13-1-5(a) and any additional requirements that may be imposed as
a condition to the special exception;
2) Single-family attached dwellings and two-family dwellings, in accordance
with the minimum requirements set forth under section 13-1-5(a) and any
additional requirements that may be imposed as a condition to the special
exception;
3) Parks and public golf courses;
4) Public and semipublic nonprofit institutional uses including churches,
schools, libraries and the like;
5) Clubs and organizations not conducted as a gainful business;
6) Public utility installations;
7) Cemeteries;
8) Agriculturally related businesses such as feedmills, farm coops, creameries,
milk processing and cheese factories;
9) Bed and breakfast establishments.
b. In the RR Rural Residential District:
1) Clubs and organizations not conducted as a gainful business;
3) Cemeteries;
4) Agricultural Uses including general farming, pasture, grazing, truck
farming, forestry, and other agricultural uses of a similar nature; and
horses kept for pleasure and hobby purposes;
5) Two-family dwellings, in accordance with the minimum requirements set
forth under section 13-1-5(c) and any additional requirements that may be
imposed as a condition to the special exception.
c. In the RM Residential Medium Density District:
1) Single-family attached dwellings;
2) Multiple-family dwellings provided that principal access is available on a
public street;
3) Public utility installations.
d. In the C Commercial District:
2) Agriculturally related businesses such as feedmills, farm coops,
creameries, milk processing and cheese factories;
3) Clinics;
4) Mobile home parks, where sanitary sewers are available.
e. In the I Industrial District:
1) Mobile home parks, where sanitary sewers are available.
c) Public Hearing and Notice.
1) Required Hearing. No amendment of this Zoning Code shall become effective until a
public hearing is held before the Town Board where parties in interest and citizens shall
have the opportunity to be heard.
2) Notice of Hearing. A Class 2 notice in accordance with Chapter 985, Wisconsin
Statutes, shall be published in the Town's official newspaper once during each of the
two weeks prior to such hearing.
At least ten days before the public hearing, a written notice of such hearing shall also be
given to the Clerk of any municipality whose boundaries are within 1,000 feet of any
lands included in the proposed amendment. Failure to give such notice shall not
invalidate such amendment.
d) Final Approval by Town Board. An amendment shall become effective upon a majority
vote of the members of the Town Board voting on the proposed change. However, in case of
a protest against such amendment, duly signed and acknowledged by the owners of twenty
(20%) percent or more of the land included in such proposed amendments or by the owners
of twenty (20%) percent or more of the area immediately adjacent extending 100 feet
therefrom, or by the owners of twenty (20%) percent or more of the land directly opposite
thereto extending 100 feet from the street frontage of such opposite land, such amendment
shall not become effective except by a unanimous vote of the members of the Board voting
on the proposal.
SEC. 13-1-11 INTERPRETATION AND SEVERABILITY
a) Interpretation. In their interpretation and application, the provisions of this Zoning Code
shall be considered minimum requirements. Where the provisions of this Zoning Code
impose greater restrictions than any statute, other regulation, ordinance, code or covenant, the
provisions of this Zoning Code shall prevail. Where the provisions of any statute, other
regulation, ordinance, code or covenant impose greater restrictions than the provisions of this
Zoning Code, the provisions of such statute, other regulation, ordinance, code or covenant
shall prevail.
b) Severability. If any section, subsection, sentence, or phrase of this Zoning Code shall be
held invalid, illegal, unenforceable, or unconstitutional by a court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions hereof; and there shall be
substituted for the provision at issue a valid and enforceable provision as similar as possible
to the provision at issue. All ordinances and codes or parts of ordinances and codes of the
Town inconsistent with or contrary to this Zoning Code are hereby repealed; provided
however, that nothing in this Zoning Code shall be interpreted so as to conflict with other
Town ordinances or codes not mentioned or made inapplicable by the express provisions of
this Zoning Code.
Originally adopted March 9, 1981.
LOT WIDTH DIAGRAM
INTENTIONALLY LEFT BLANK
b) Additional Rules. Rules and regulations may be made from time to time by the Town Board
governing the further use of and enjoyment of Town parks, parkways, playgrounds, beaches,
boat landings, campgrounds, lakes, streams, and the facilities thereof. Any person who shall
violate such rules or regulations may be excluded from the use of such facility.
c) Permits. Any person to whom a permit shall have been issued by the Town Board or agent
thereof shall be bound by the provisions of all ordinances and rules of the Town as fully as
though the laws were inserted in each permit.
SEC. 12-1-5 PUBLIC UTILITIES AND PRIVATE CONSTRUCTION.
a) Location of Public Utilities. The location of all sewers and receivers, gas pipes, water pipes,
stopcock boxes, hydrants, lamp posts, telegraph, telephone and electric power posts and
lines, manholes, conduits, and pumps within any Town park or parkway shall be subject to
the jurisdiction and control of the Town Board, and their construction, repair or relocation
shall be undertaken only after written permission is received from the Town Board.
b) Private Construction.
1) No curb, whether stone, concrete, or asphalt, shall be cut for the purpose of constructing a
private driveway across any parkway border, nor for any other purpose, without the
written permission of the Town Board.
2) The location, width, grade, and construction of all paths, driveways, and roadways across
any sidewalk bordering along any parkway shall be subject to the approval of the Town
Board and constructed only after written permission is obtained from the Town Board.
CHAPTER 2
12-2-1
12-2-2
12-2-3
12-2-4
12-2-5
12-2-6
12-2-7
12-2-8
12-2-9
12-2-10
12-2-11
12-2-12
12-2-13
Definition of Terms
Fee for Use of Town Facilities
Alcoholic Beverages Prohibited
Proof of Insurance
Indemnification
Limitation on Damages
Condition of Facilities
Use of Kitchen Facilities
Compliance With All Regulations
Application for Use; Permit Required
Regulations
SEC. 12-2-1 APPLICABILITY AND PURPOSE.
a) Applicability. This Chapter shall apply to all requests for and use of the Town Hall and the
facilities located on Pioneer Road, Fond du Lac, Wisconsin, by the general public. The
foregoing notwithstanding, this Chapter shall not apply to requests for or use of the Town
Hall and facilities by any 4-H organization which has been afforded the use of the Town Hall
on a regular basis prior to the adoption of this Chapter.
b) Purpose. The purpose of this Chapter is to promote the general welfare of the community
through provisions designed to:
1) Carry out the directive of the electors expressed at the 1990 Annual meeting to make the
Town Hall available for use by the general public.
2) To implement policies and procedures for making the Town Hall available to responsible
community organizations and associations for appropriate educational, civic, cultural or
recreational activities.
3) To regulate use of the Town Hall and its facilities so that community use of the facilities
does not infringe upon or interfere with the best interests of the Town and the conduct of
Town business.
SEC. 12-2-2 DEFINITION OF TERMS.
For purposes of this Chapter, the following shall apply as indicated throughout the
Chapter:
a) The term “public group” includes a firm, association, organization, partnership, trust,
company or corporation.
b) The present tense includes the future tense and the singular includes the plural.
c) The word “shall” is mandatory. The word “may” is permissive.
d) The term “Town Facilities” means the Town Hall located on Pioneer Road, Town of Fond du
Lac, Fond du Lac County, Wisconsin, together with the kitchen, parking lot area and other
facilities located within and adjacent to the Town Hall, and any replacement or subsequent
Town Hall facility wherever located.
e) The term ‘Town Hall” and/or ‘Town Facilities” does not include the portion of the Town
Hall used for fire station purposes and/or storage of Town fire trucks and related equipment.
SEC. 12-2-3 COMMUNITY USE OF TOWN FACILITIES.
a) Availability of Facilities. The Town Facilities will be made available for public use at such
times and for such periods as the facilities are not required for the conduct of Town business.
For purposes of this Chapter, Town business includes but is not limited to use by the Town
Board, the Town Fire Department, Town Sanitary Districts, Elections, Board of Review, Plan
Commission and other Town functions.
b) Use of Town Facilities.
1) The use of Town Facilities for purposes other than the conduct of Town
business shall be limited to the following types of organizations:
a.
b.
c.
d.
Youth organizations;
Service organizations;
Non-profit organizations.
Town officials including Town Board, Planning Commission, Board of Appeals
members and Fire Department members.
2) The Town Facilities shall not be available for use by private individuals or businesses.
c) Processing of Requests. Requests for use of Town Facilities by outside groups or
organizations will be processed on a first-come, first served basis with no reservations
accepted more than one (1) year prior to the date of the event. Preference will be given as
follows:
1) Organizations located within the Town of Fond du Lac.
2) Organizations located outside of the Town of Fond du Lac.
d) Right to Cancel. The Town reserves the right, with or without cause, to cancel any permit
for use of its facilities up to ten (10) calendar days prior to the date of the scheduled activity.
Further, in an emergency, as determined by the Town Board, a permit for the use of Town
Facilities may be cancelled on shorter notice in order to accommodate a Town function.
e) Regular Use Prohibited. Public groups shall not be permitted to schedule regular use of
Town Facilities. (For example, the regular monthly meetings of a community organization
will not be scheduled in Town Facilities.)
f) For-Profit Use Prohibited. Requests for use of Town Facilities will not be honored if:
1) The event is principally for profit (buying or selling), unless for a bona fide charitable
purpose.
2) The event, while informational in content, has a goal of promoting the sale of goods or
services.
g) Town Representative Required. Community groups requesting the use of Town Facilities
must have a designated Town representative present during the entire time that the group’s
activities are being conducted.
SEC. 12-2-4 FEE FOR USE OF TOWN FACILITIES.
In addition to all other requirements under this Chapter, the Town Board may establish a Fee
Schedule for use of Town Facilities. An additional fee may be required when use of the kitchen
facilities at the Town Hall is requested. The Fee Schedule established by the Town Board may be
changed from time to time as the Board deems appropriate. In addition to the basic permit fee
charged, charges shall be made for any use of the telephone facilities and/or photocopy machine
located in the Town Hall. All fees established hereunder shall be paid in advance by groups
requesting use of the Town Facilities. Failure to pay such fees prior to the date of the requested
use will result in cancellation of the permit for use of the Town Facilities.
SEC. 12-2-5 ALCOHOLIC BEVERAGES PROHIBITED.
Except when the Town Board has given permission to the Town’s Volunteer Fire Department,
no public group utilizing Town Facilities shall provide, either gratuitously or for sale, alcoholic
beverages on Town premises, including the Town Hall parking lot. In addition, no member of the
group nor member of the public attending the group’s function shall be permitted to bring
alcoholic beverages onto the premises, including the parking lot area.
SEC. 12-2-6 PROOF OF INSURANCE.
No public group shall be permitted to use the Town Facilities unless it has provided to the Town,
in advance, the appropriate policy or certificate of insurance evidencing the existence of
insurance in at least the following amounts: at least One Hundred Thousand Dollars ($100,000)
for injuries to any one (1) person; Three Hundred Thousand Dollars ($300,000) for any one (1)
accident and Three Hundred Thousand Dollars ($300,000) for property damage. The Town will
accept blanket, umbrella or other coverage equivalent to the foregoing. The limits of insurance
coverage set forth above shall in no manner limit or otherwise alter the public groups’ responsibilities or obligations under this Chapter. Notwithstanding the preceding, the Town reserves its
statutory defenses under Chapter 893, Wis. Stats., as amended.
SEC. 12-2-7 INDEMNIFICATION.
The Town shall not be responsible for any defect, latent or otherwise, on or in the premises, or
for any damage to the premises, or to any person, firm, corporation or governmental authority by
reason of any matter or thing existing or occurring on or about the premises. Public groups
authorized to use the Town Facilities hereby assume all risk, responsibility and liability with
reference to the present and future conditions of the premises. As a condition to the use of the
Town Facilities, public groups using the Town Facilities hereby indemnify and save the Town
harmless against and from any and all claims by or for any person, firm corporation or
governmental authority arising from the condition of the premises.
SEC. 12-2-8 LIMITATION ON DAMAGES.
The Town shall not be responsible or liable for any damages sustained by any public group as a
result of its request for or cancellation of a permit or reservation for, or use of, the Town
Facilities. As a condition to the use of the Town Facilities the public group hereby waives all
claims for damages to person or property sustained by the group, its members, employees or
agents, or invitees resulting from the condition of the Town’s Facilities or any equipment.
SEC. 12-2-9 CONDITION OF FACILITIES.
a) Adequacy of Facilities. The Town makes no representations or warranties regarding the
adequacy of the Town Facilities or any part thereof for any requested or permitted use by any
public group.
b) Cleanup. Public groups utilizing Town Facilities shall be solely responsible for cleanup of
the Facilities at the end of the group’s function. The Town Facilities shall be cleaned and
restored by the group to the condition existing at the time the group commenced its use of the
Facilities.
SEC. 12-2-10 USE OF KITCHEN FACILTIES.
Any group wishing to utilize the kitchen facilities located at the Town Hall shall notify the Town
Board of its request for use of the kitchen facilities at the time application for use permit is made.
If permission is granted to use the kitchen facilities, the group shall be solely responsible for
complete cleanup and restoration of the kitchen area. Any group using the kitchen facilities shall
comply with all Federal, State, and local safety and health laws and regulations with respect to
sanitation and the use of the kitchen facilities.
SEC. 12-2-11 COMPLIANCE WITH ALL REGULATIONS.
Use of the Town Facilities by public groups and all activities conducted thereon by public groups
will be conducted in compliance with all applicable Federal and State laws, municipal
ordinances, and any policies, rules and procedures promulgated by the Town related to use of the
Facilities. Liability for any and all violations shall be the responsibility of the group using the
Town Facilities. Violation of any policy, rule or procedure established by the Town for use of its
Facilities shall result in immediate cancellation of any permit or reservation for use of the Town
Facilities and may result in denial of requests for use in the future.
SEC. 12-2-12 APPLICATION FOR USE; PERMIT REQUIRED.
All public groups requesting use of Town Facilities shall apply for a use permit on a form
specified by the Town. In addition to such other information as the Town Board may require, the
permit application shall identify the group requesting use of the Town Facilities; shall describe
with specificity the function to be conducted and the reason for requesting use of the Town
Facilities; shall identify by name, address, day and night time phone number, the representative
of the group who shall be contacted regarding and shall be responsible for a group’s use of the
Town Facilities and for compliance with this Chapter and all other rules, regulations and
procedures governing use of the Town Facilities. The person or persons signing the application
will be held responsible for payment of all fees and other charges made by the Town for use of
the Town Facilities. Such person or persons will also be financially responsible for any damage
or loss to the Town incurred by the group’s use of the Town Facilities.
SEC. 12-2-13 REGULATIONS.
The Town Board shall promulgate policies, rules and regulations governing public use of the
Town Facilities. These regulations shall be supplied to a requesting group at the time any use
permit is issued. The Town Board may change the policies, rules and regulations from time to
time.
TITLE 14
SUBDIVISION AND LAND DIVISION CODE
14-1-1
Adoption; Introduction
14-1-1(a)
Introduction and Purpose
14-1-1(b)
Abrogation and Greater Restrictions
14-1-1(c)
Interpretation
14-1-1(d)
Severability
14-1-1(e)
Repeal
14-1-1(f)
Title
14-1-2
Definitions
14-1-3
General Provisions
14-1-3(a)
General Provisions
14-1-3(a)(1)
14-1-3(a)(2)
14-1-3(a)(3)
14-1-3(a)(4)
14-1-3(a)(5)
14-1-3(a)(6)
14-1-3(b)
14-1-3(c)
14-1-4
Land Suitability
14-1-3(b)(1)
14-1-3(b)(2)
14-1-3(b)(3)
Compliance
Jurisdiction
Certified Survey
Building Permits
Condominiums
Noise and Avigation Easement and Non-Suit
Covenant Requirement
Suitability
Existing Flora
Additional Considerations
14-1-3(c)(1)
Limited Applicability
14-1-3(c)(2)
Distinction from Other Development
14-1-3(c)(3)
Development Impact
14-1-3(c)(4)
Portions of Subdivision Code Applicable to
14-1-3(c)(5)
Exceptions
Plat Review and Approval
14-1-4(a)
Preliminary Consultation
14-1-4(b)
Submission of Preliminary Plat
14-1-4(b)(1)
Submission
14-1-4(b)(2)
Public Improvements, Plans and Specifications
14-1-4(b)(3)
Property Owners Association; Restrictive
Covenants; Easements
14-1-4(b)(4)
Affidavit
14-1-4(b)(5)
14-1-4(b)(6)
14-1-4(b)(7)
14-1-4(b)(8)
Supplementary Data to be Filed with the
Preliminary Plat
14-1-4(b)(5)a
Use Statement
14-1-4(b)(5)b
Zoning Changes
14-1-4(b)(5)c
Area Plan
Street Plans and Profiles
Soil Testing
Referral to Other Agencies
14-1-4(c)
Preliminary Plat Review and Approval
14-1-4(c)(1)
Plan Commission Recommendation
14-1-4(c)(1)a
Recommendation to Town
Board
14-1-4(c)(1)b
Notice of Plan Commission
Hearing
14-1-4(c)(2)
Board Action
14-1-4(c)(3)
Effect of Preliminary Plat Approval
14-1-4(c)(4)
Preliminary Plat Amendment
14-1-4(d)
Final Plat Review and Approval
14-1-4(d)(1)
Filing Requirements
14-1-4(d)(1)a
Application for Approval
14-1-4(d)(1)b
Subdivider to Submit to
Other Agencies
14-1-4(d)(1)c
Conformance to Preliminary
Plat
14-1-4(d)(1)d
Public Improvement Plans
14-1-4(d)(1)e
Review by Town Engineer
14-1-4(d)(2)
14-1-4(d)(3)
Plan Commission Review
14-1-4(d)(2)a
Plan Commission
Recommendation
14-1-4(d)(2)b
Time for Submission of Final
Plat
14-1-4(d)(2)c
Time for Plan Commission
Review
Board Review and Approval
14-1-4(d)(3)a
Board Action on Final
Plat
14-1-4(d)(3)b
Notice to Neighboring
Municipalities
14-1-4(d)(3)c
Deemed Approval
Upon Failure to Act
14-1-4(d)(3)d
Certification of
Approved Plat
14-1-4(d)(3)e
14-1-4(e)
Administrative Fees
14-1-4(e)(1)
14-1-4(e)(2)
14-1-4(e)(3)
14-1-4(e)(4)
14-1-4(e)(5)
14-1-4(f)
14-1-5
Replat
14-1-4(f)(1)
14-1-4(f)(2)
14-1-4(f)(3)
Subdivider to file
Copies
General
Engineering Fee
Administrative Fee
Concept Plan, Commercial Site Plan and
Preliminary Plat Review Fee
14-1-4(e)(4)a
Review Fees
14-1-4(e)(4)b
Reapplication Fee
Final Plat Review Fee
14-1-4(e)(5)a
Review Fees
14-1-4(e)(5)b
Reapplication Fee
Replat
Public Hearing
Resubdivision
Technical Requirement for Plats and Certified Surveys
14-1-5(a)
Technical Requirements for Preliminary Plats
14-1-5(a)(1)
General
14-1-5(a)(1)a
Title
14-1-5(a)(1)b
Location
14-1-5(a)(1)c
Date, Scale, North Point
14-1-5(a)(1)d
Names and Addresses
14-1-5(a)(1)e
Entire Area
14-1-5(a)(2)
Plat Data
14-1-5(a)(2)a
Exact Length and Bearing
14-1-5(a)(2)b
Locations of Existing
Property Lines
14-1-5(a)(2)c
Right-of-Way Width, Names
- Streets
14-1-5(a)(2)d
Location, Names of Adjacent
Subdivisions
14-1-5(a)(2)e
Type, Width, Elevation Streets
14-1-5(a)(2)f
Location, Size, Invert
Elevation - Sewers
14-1-5(a)(2)g
Corporate Limit Lines
14-1-5(a)(2)h
Existing Zoning
14-1-5(a)(2)i
Contours
14-1-5(a)(2)j
High-Water Elevation
14-1-5(a)(2)k
Water Elevation
14-1-5(a)(2)l
Flood-and Shoreland
Boundaries
14-1-5(a)(2)m
Soil Types
14-1-5(a)(2)n
14-1-5(a)(3)
Location, Results of Soil
Boring Tests
14-1-5(a)(2)o
Location, Results of
Percolation Tests
14-1-5(a)(2)p
Location, Width, Names:
Proposed Streets
14-1-5(a)(2)q
Lot Dimensions
14-1-5(a)(2)r
Location, Dimensions of
Parks, etc.
14-1-5(a)(2)s
Curve Radii
14-1-5(a)(2)t
Proposed Lake, Stream
Access
14-1-5(a)(2)u
Proposed Lake, Stream
Improvements
14-1-5(a)(2)v
Additional Information
Requested
14-1-5(b)
Technical Requirements for Final Plats
14-1-6(b)(1)
General
14-1-5(b)(2)
14-1-5(b)(2)a
Length, Bearing - Streets
14-1-5(b)(2)b
Street Width
14-1-5(b)(2)c
Location, Description of
Street Lighting
14-1-5(b)(2)d
Railroad Rights-of-Way
14-1-5(b)(2)e
Land Reserved for Public
Use
14-1-5(b)(2)f
Special Restrictions
14-1-5(b)(2)g
Maintenance Obligations
14-1-5(b)(3)
Deed Restrictions
14-1-5(b)(4)
Property Owners Association
14-1-5(b)(5)
Survey Accuracy
14-1-5(b)(6)
Surveying and Monumenting
14-1-5(c)
Technical Requirements for Certified Survey Land Divisions, Review
and Approval
14-1-5(c)(1)
Certified Survey Requirements
14-1-5(c)(2)
Submission and Review
14-1-5(c)(3)
14-1-5(c)(3)a
Existing Buildings, etc.
14-1-5(c)(3)b
Setbacks
14-1-5(c)(3)c
Lands Reserved for Future
Acquisition
14-1-5(c)(3)d
Date of map
14-1-5(c)(3)e
Graphic Scale
14-1-5(c)(4)
14-1-5(c)(5)
14-1-6
14-1-5(c)(3)f
14-1-5(c)(3)g
14-1-5(c)(3)h
14-1-5(c)(3)i
Certificates
Street Dedication
Owner’s Name, Address
Square Footage of Parcels
Present Zoning
Maintenance Obligations
Required Improvements
14-1-6(a)
Improvements Required
14-1-6(a)(1)
Payment for Improvements
14-1-6(a)(2)
Special Assessment Financing
14-1-6(a)(2)a
Permits
14-1-6(a)(2)b
Zoning Compliance
14-1-6(a)(2)c
Repayment
14-1-6(a)(2)d
Easements
14-1-6(a)(2)e
Indemnification
14-1-6(a)(3)
General Standards
14-1-6(b)
Required Agreement Providing for Proper Installation of
Improvements
14-1-6(b)(1)
Contract
14-1-6(b)(2)
Financial Guarantees
14-1-6(b)(2)a
Performance Bond
14-1-6(b)(2)b
Installations Prior to Final
Plat
14-1-6(b)(2)c
Time for Completion
14-1-6(b)(2)d
Town Inspection Cost
14-1-6(c)
Required Construction Plans; Town Review; Inspections
14-1-6(c)(1)
Engineering Reports; Construction Plans and
Specifications
14-1-6(c)(1)a
Street Plans, Profiles
14-1-6(c(1)b
Sanitary Sewer Plans
14-1-6(c)(1)c
Storm Sewer & Open
Channel Plans
14-1-6(c)(1)d
Water Main Plans
14-1-6(c)(1)e
Erosion & Sedimentation
Control Plans
14-1-6(c)(1)f
Planting Plans
14-1-6(c)(1)g
Green Space
14-1-6(c)(1)h
Drainage Plans
14-1-6(c)(1)i
Additional Plans
14-1-6(c)(2)
Action by Town Engineer
14-1-6(c)(3)
Construction and Inspection
14-1-6(c)(3)a
Start Authorization
14-1-6(c)(3)b
Time for Completion
14-1-6(c)(4)
14-1-6(d)
14-1-6(e)
14-1-6(f)
14-1-6(g)
14-1-6(c)(3)c
Record Plans
Town Inspections
Street Improvements
14-1-6(d)(1)
Street Construction Standards
14-1-6(d)(2)
Grading
14-1-6(d)(2)a
Existing and Proposed
Grades
14-1-6(d)(2)b
Approval by Town Board
14-1-6(d)(2)c
Subdivider to Grade
14-1-6(d)(2)d
Grading Existing Streets
14-1-6(d)(2)e
Roadbed Grading
14-1-6(d)(2)f
Town Engineer Approval
14-1-6(d)(3)
Street Construction
14-1-6(d)(4)
Completion of Street and Sidewalk Construction
14-1-6(d)(4)a
Construction Completion;
Permits
14-1-6(d(4)b
Discretionary Waiver
14-1-6(d)(4)c
Requests for Waiver
Curb and Gutter
Sidewalks
14-1-6(f)(1)
Repairs
14-1-6(f)(2)
Obstructions; Snow and Ice
Sanitary Sewerage System
14-1-6(g)(1)
Public Sewers May by Required
14-1-6(g)(2)
Each Lot to be Served
14-1-6(g)(3)
Areas Served by Public Sewer
14-1-6(g)(4)
Private Sewerage Systems
14-1-6(g)(5)
Subdivider Responsible for Costs
14-1-6(h)
Water Supply Facilities (Municipal Water Service Area)
14-1-6(h)(1)
Each Lot to be Served
14-1-6(h)(2)
Public Water Service
14-1-6(i)
Storm Water Drainage Facilities
14-1-6(j)
Other Utilities
14-1-6(j)(1)
14-1-6(j)(2)
14-1-6(k)
Street Signs
14-1-6(l)
Street Trees
General
14-1-6(j)(1)a
Physical Limitations
14-1-6(j)(1)b
Existing Facilities
Approval by Town Board
14-1-6(l)(1)
14-1-6(l)(2)
14-1-6(m)
Erosion Control
14-1-6(n)
Partition Fences
14-1-6(o)
Easements
14-1-6(o)(1)
14-1-6(o)(2)
14-1-6(o)(3)
14-1-6(o)(4)
14-1-7
Planting Required
Prohibited Trees
Utility Easements
Drainage Easements
14-1-6(o)(2)a
Easement
14-1-6(o)(2)b
Relocation
14-1-6(o)(2)c
Minimum Requirements
Easement Locations
Grade Markers
Design Standards
14-1-7(a)
General Street Design Standards
14-1-7(a)(1)
Compliance with Statutes
14-1-7(a)(2)
Dedication
14-1-7(a)(3)
Compliance with Comprehensive Plan
14-1-7(a)(4)
Areas Not Covered by Plan
14-1-7(a)(5)
Street Classification
14-1-7(a)(5)a
Arterial Streets
14-1-7(a)(5)b
Collector Streets
14-1-7(a)(5)c
Minor Streets
14-1-7(a)(6)
Reserve Strips
14-1-7(a)(7)
Alleys
14-1-7(a)(8)
Continuation
14-1-7(a)(9)
Minor Streets
14-1-7(a)(10)
Number of Intersections
14-1-7(a)(11)
Frontage Roads
14-1-7(a)(12)
Private Streets
14-1-7(a)(13)
Visibility
14-1-7(a)(14)
Tangents
14-1-7(a)(15)
Street Grades
14-1-7(a)(15)a
Maximum Grades
14-1-7(a)(15)b
General Guidelines
14-1-7(a)(16)
Radii of Curvature
14-1-7(a)(16)a
Arterial Streets
14-1-7(a)(16)b
Collector Streets
14-1-7(a)(16)c
Minor Streets
14-1-7(a)(17)
Half Streets
14-1-7(a)(18)
Intersections
14-1-7(a)(18)a
Major Thoroughfares
14-1-7(a)(18)b
Right Angle Intersections
14-1-7(a)(19)
14-1-7(a)(20)
14-1-7(a)(21)
14-1-7(b)
14-1-7(a)(18)c
Street Convergence
Street Names
Cul-de-Sacs
14-1-7(a)(20)a
Cul-de-sacs
14-1-7(a)(20)b
Temporary Dead-ends
Limited Access Highway and Railroad Right-ofWay Treatment
14-1-7(a)(21)
Subdivision Lots
14-1-7(a)(21)b
Commercial and Industrial
Lots
14-1-7(a)(21)c
Streets Parallel to a Limited
Access Highway
14-1-7(a)(21)d
Minor Streets
Specifications for Preparation, Construction and Dedication of Streets
and Roads
14-1-7(b)(1)
14-1-7(b)(1)a
Construction Standards
14-1-7(b)(1)b
Project Costs
14-1-7(b)(1)c
Preliminary Consultation
14-1-7(b)(1)d
Material Slips
14-1-7(b)(1)e
Required Inspections
14-1-7(b)(1)f
Tests of Materials
14-1-7(b)(1)g
Payment Samples
14-1-7(b)(1)h
Town Board Approval
14-1-7(b)(2)
Construction Standards
Urban Cross Section (table)
Rural Cross Section (table)
14-1-7(b)(2)a
Roadway Grading: Ditches
14-1-7(b)(2)b
Roadway Base Thickness
14-1-7(b)(2)(b)(1) Residential, Rural Roads
14-1-7(b)(2)(b)(2) Heavy-Use Roads
14-1-7(b)(2)(b)(3) Supplemental Specs
14-1-7(b)(2)(b)(4) Discretion Reserved
14-1-7(b)(2)(b)(5) Base Course Compaction
14-1-7(b)(2)c
Pavement Width
14-1-7(b)(2)d
Pavement Thickness
14-1-7(b)(2)e
Shoulder Width
14-1-7(b)(2)f
Shoulder Thickness
14-1-7(b)(2)g
Roadway Culverts and
Bridges
14-1-7(b)(2)h
Driveway Culverts
14-1-7(b)(2)i
Topsoil, Grass, Seed,
Fertilizer, Mulch
14-1-7(b)(2)j
Extra Turn Surface
14-1-7(b)(2)k
Drainage Improvements
14-1-7(b)(2)l
14-1-7(b)(3)
14-1-7(b)(4)
Post-Construction Traffic
Limited
Statutory Requirements
Final Inspection
14-1-7(c)
Block Design Standards
14-1-7(c)(1)
Length; Arrangement
14-1-7(d)
Lot Design Standards
14-1-7(d)(1)
Size
14-1-7(d)(1)a
Access
14-1-7(d)(1)b
Area and Dimensions
14-1-7(d)(1)(c)
Area
14-1-7(d)(2)
Depth
14-1-7(d)(3)
Corner Lots
14-1-7(d)(4)
Side Lots
14-1-7(d)(5)
Double and Reversed Frontage Lots
14-1-7(d)(6)
Natural Features
14-1-7(d)(7)
Land Remnants
14-1-7(d)(8)
Building Setback Lines
Drainage System
14-1-7(e)(1)
Drainage System Required
14-1-7(e)(2)
Drainage System Plans
14-1-7(e)(2)a
Submission of Plans;
Contents
14-1-7(e)(3)
Grading
14-1-7(e)(3)a
Full Width
14-1-7(e)(3)b
Block Grading
14-1-7(e)(4)
Drainage System Requirements
14-1-7(e)(4)a
Street Drainage
14-1-7(e)(4)b
Off-Street Drainage
14-1-7(e)(5)
Protection of Drainage Systems
Nonresidential Divisions of Land
14-1-7(f)(1)
General
14-1-7(f)(1)a
Commercial/Industrial Land
Division
14-1-7(f)(1)b
Applicability of Subdivision
Code
14-1-7(f)(1)c
Site Plan Review
14-1-7(f)(2)
Standards
14-1-7(f)(2)a
Suitability of Site
14-1-7(f)(2)b
Street Adequacy
14-1-7(f)(2)c
Street Improvements
14-1-7(f)(2)d
Public Utilities
14-1-7(f)(2)e
Adjoining Land Uses
14-1-7(f)(2)f
Commercial Traffic
14-1-7(e)
14-1-7(f)
14-1-8
Park and Public Land Dedications
14-1-8(a)
General Park and Public Land Dedication
14-1-8(a)(1)
Dedication Requirement
14-1-8(a)(2)
General Design
14-1-8(b)
Land Dedication
14-1-8(b)(1)
14-1-8(b)(2)
14-1-8(b)(3)
14-1-8(b)(4)
14-1-8(b)(5)
14-1-8(c)
Park Fund
14-1-8(c)(1)
14-1-8(c)(2)
14-1-9
Shoreland
14-1-8(b)(1)a
Public Access
14-1-8(b)(1)b
Land Abutting Water’s Edge
Unknown Number of Dwelling Units
Deeded to the Town
Access to Dedicated Land
Utility Extensions
Method of Calculation
14-1-8(c)(1)a
Method of Calculation
14-1-8(c)(1)b
Alternate Method
Park Fund
Variances; Penalties and Violations
14-1-9(a)
Variations and Exceptions
14-1-9(a)(1)
Variances
14-1-9(a)(2)
Plan Commission Recommendation
14-1-9(a)(2)a
Standards
14-1-9(a)(2)b
Conditions
14-1-9(a)(2)c
Hardship
14-1-9(a)(3)
Town Board Action
14-1-9(a)(4)
Variance Standards
14-1-9(a)(5)
Monument Waiver
14-1-9(b)
Enforcement, Penalties and Remedies
14-1-9(b)(1)
Violations
14-1-9(b)(2)
Penalties
14-1-9(b)(3)
Appeals
SEC. 14-1-1 ADOPTION; INTRODUCTION
a) Introduction and Purpose.
1) Introduction. In accordance with the authority granted by Sec. 236.45 of the Wisconsin
Statutes and for the purposes listed in Sections 236.01 and 236.45 of the Wisconsin
Statutes:
a. The provisions of this Subdivision Code shall be held to be minimum requirements
adopted to promote the health, safety, comfort, prosperity and general welfare of the
Town.
b. This Subdivision Code shall not repeal, impair or modify private covenants or public
ordinances or codes, except that it shall apply whenever it imposes stricter restrictions
on land use.
2) Purpose. The purpose of this Subdivision Code is to promote the public health, safety,
convenience and general welfare of the community. The regulations are designed to
foster the orderly layout and use of land; to secure safety from fire, panic and other
dangers; to provide adequate light and air; to discourage overcrowding of the land; to
protect the community’s agriculture base; to facilitate adequate provision for
transportation, public water and sewerage, schools, parks, playgrounds and other public
necessities; and to facilitate the further division of large tracts of land into smaller
parcels. The regulations are made with the reasonable consideration of, but not limited to,
the present character of the Town and its environs, with the objectives of conserving the
value of the land and improvements placed thereon, providing the most appropriate
environment for human habitation, encouraging commerce and industry, protecting
farming and open spaces, and providing for the most appropriate use of land in the Town.
b) Abrogation and Greater Restrictions. This Subdivision Code is not intended to repeal,
abrogate, annul, impair, or interfere with any existing easements, covenants, agreements,
rules, regulations or permits previously adopted or issued pursuant to law. However, where
this Code imposes greater restrictions, the provisions herein shall govern.
c) Interpretation. In their interpretation and application, the provisions of this Subdivision
Code shall be held to be minimum requirements and 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.
d) Severability. If any provision of this Subdivision Code is invalid or unconstitutional, or if
the application of this Code to any person or circumstances is invalid or unconstitutional,
such invalidity or unconstitutionality shall not affect the other provisions or applications of
this Code which can be given effect without the invalid or unconstitutional provision or
application.
e) Repeal. All other ordinances, codes or parts of ordinances or codes of the Town inconsistent
or conflicting with this Subdivision Code, to the extent of the inconsistency only, are hereby
repealed.
f) Title. This Chapter shall be known as, referred to, or cited as the “Town of Fond du Lac
Subdivision and Land Division Code.”
SEC. 14-1-2 DEFINITIONS
a) The following definitions shall be applicable in this Subdivision Code:
1) Alley. A public right-of-way which normally affords a secondary means of vehicular
access to abutting property.
2) Arterial Street. A street which provides for the movement of relatively heavy traffic to,
from or within the Town. It has a secondary function of providing access to abutting land.
3) Block. An area of land within a subdivision that is entirely bounded by a combination or
combinations of streets, exterior boundary lines of the subdivision and streams or water
bodies.
4) Collector Street. A street which collects and distributes internal traffic within an urban
area such as a residential neighborhood, between arterial and local streets. It provides
access to abutting property.
5) Commission. The Plan Commission created by the Town Board pursuant to Sec. 62.23 of
the Wisconsin Statutes.
6)
Comprehensive Development Plan. A comprehensive plan prepared by the Town
indicating the general locations recommended for the various functional classes of land
use, places and structures, and for the general physical development of the Town and
includes any unit or part of such plan separately adopted and any amendment to such plan
or parts thereof.
7) Cul-de-sac. A short street having but one (1) end open to traffic and the other end being
permanently terminated in a vehicular turnaround. No cul-de-sacs over 500 feet long are
permitted in the Town.
8) Division of Land. The creation of one or more parcels or building sites, or where the title
to a parcel or any part thereof is transferred by the execution of a land contract, an option
to purchase, an offer to purchase and acceptance, a deed, or a certified survey.
9) Easement. The area of land set aside or over or through which a liberty, privilege or
advantage in land, distinct from ownership of the land, is granted to the public or some
particular person or part of the public.
10) Extraterritorial Plat Approval Jurisdiction. The unincorporated area within one and onehalf (1-1/2) miles of a fourth-class city or a village and within three (3) miles of all other
cities.
11) Final Plat. The final map, drawing or chart on which the subdivider’s plan of subdivision
is presented to the Town for approval and which, if approved, will be submitted to the
County Register of Deeds.
12) Frontage Street. A minor street auxiliary to and located on the side of an arterial street
for control of access and for service to the abutting development.
13) Improvement, Public. Any sanitary sewer, storm sewer, open channel, water main,
roadway, park, parkway, public access, sidewalk, pedestrian way, planting strip or other
facility for which the Town may ultimately assume the responsibility for maintenance
and operation.
14) Local Street. A street of little or no continuity designed to provide access to abutting
property and leading into collector streets.
15) Lot. A parcel of land having frontage on a public street or other officially approved
means of access, occupied or intended to be occupied by a principal structure or use and
sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other
open space provisions of this Subdivision Code and any applicable zoning code.
16) Lot, Area. The area contained within the exterior boundaries of a lot excluding streets,
and land under navigable bodies of water.
17) Lot, Corner. A lot abutting intersecting streets at their intersection.
18) Lot,Reversed Corner. A corner lot which is oriented so that it has its rear lot line
coincident with or parallel to the side lot line of the interior lot immediately to its rear.
19) Lot, Through. A lot having a pair of opposite lot lines along two (2) more or less parallel
public streets and which is not a corner lot. On a “through lot,” both street lines shall be
deemed front lot lines.
20) Lot Lines. The peripheral boundaries of a lot as defined herein.
21) Lot Width. The width of a parcel of land measured along the front building line.
22) Major Thoroughfare. A street used or intended to be used primarily for fast or heavy
through traffic. Major thoroughfares shall include freeways, expressways and other
highways and parkways, as well as arterial streets.
23) Minor Street. A street used, or intended to be used, primarily for access to abutting
properties; also referred to as a “local street.”
24) Minor Subdivision. The division of land by the owner or subdivider resulting in the
creation of not more than four (4) parcels or building sites. The Town Plan Commission
shall review any proposed subdivision creating three (3) or more parcels.
25) Owner. Includes the plural as well as the singular and may mean either a natural person,
firm, association, partnership, private corporation, public or quasi-public corporation, or
combination of these.
26) Pedestrian Pathway. A public way, usually running at right angles to streets, which is
intended for the convenience of pedestrians only; it may also provide public right-of-way
for utilities.
27) Plat.The map, drawing or chart on which the subdivider’s plat of subdivision is presented
to the Town for approval.
28) Preliminary Plat. The Preliminary Plat map, drawing or chart indicating the proposed
layout of the subdivision to be submitted to the Plan Commission prior to submittal to the
Town Board for its consideration as to compliance with the Comprehensive Plan (when
adopted) and these regulations along with required supporting data. Submittal of a
concept plan for review prior to preparation and submittal of a Preliminary Plat is
encouraged.
29) Protective Covenants. Contracts entered into between private parties or between private
parties and public bodies pursuant to Sec. 236.293, Wis. Stats., which constitute a
restriction on the use of all private or platted property within a subdivision for the benefit
of the public or property owners and to provide mutual protection against undesirable
aspects of development which would tend to impair stability of property values.
Protective covenants are sometimes referred to as "restrictive covenants." Protective
covenants or restrictive covenants shall be recorded with the Register of Deeds
30) Replat. The process of changing, or a map or plat which changes, the boundaries of a
recorded subdivision plat or part thereof. The legal dividing of a large block, lot or outlot
within a recorded subdivision plat without changing exterior boundaries of said block, lot
or outlot is not a replat.
31) Shorelands. Those lands within the following distances: one thousand (1,000) feet from
the high-water elevation of navigable lakes, ponds and flowages or three hundred (300)
feet from the high-water elevation of navigable streams or to the landward side of the
floodplain, whichever is greater.
32) Subdivider. Any person, firm or corporation, or any agent thereof, dividing or proposing
to divide land resulting in a subdivision, minor subdivision or replat.
33) Subdivision. The division of a lot, outlot, parcel, or tract of land by the owner thereof or
his agent for the purpose of transfer of ownership or building development where the act
of division creates three (3) or more parcels or building sites of thirty-five (35) acres or
less in area, or where the act of division creates three (3) or more parcels or building sites
by successive division within a period of five (5) years, whether done by the original
owner or a successor owner.
34) Town. The Town of Fond du Lac, Fond du Lac County, Wisconsin.
35) Wetlands. An area where water is at, near or above the land surface long enough to be
capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of
wet conditions.
36) Wisconsin Administrative Code. The rules of administrative agencies having rulemaking authority in Wisconsin, published in a looseleaf, continual revision system, as
directed by Sec. 35.93 and Chapter 227 of the Wisconsin Statutes, including subsequent
amendments to those rules.
SEC. 14-1-3 GENERAL PROVISIONS
a) General Provisions.
1) Compliance. No person shall divide any land located within the jurisdictional limits of
these regulations which results in a subdivision, land division or a replat as defined
herein; no such subdivision, land division or replat shall be entitled to record; and no
Street shall be laid out or improvements made to land without compliance with all
requirements of this Subdivision Code and the following:
a. The provisions of Ch. 236 and Sec. 80.08, Wis. Stats.
b. The rules of the Division of Health, Wisconsin Department of Commerce, contained
in Wis. Adm. Code Chapter Comm 85for subdivisions not served by public sewer.
c. The rules of the Division of Highways, Wisconsin Department of Transportation
contained in Wis. Adm. Code Chapter Trans 233 for subdivisions which abut a state
trunk highway or connecting Street.
d. The rules of the Wisconsin Department of Natural Resources contained in the Wis.
Adm. Code for Floodplain Management Program.
e. Comprehensive plans or components of such plans prepared by state, regional, county
or municipal agencies duly adopted by the Town Board.
f. All applicable Town and county regulations, including zoning, sanitary, building,
water, official mapping and sanitary district ordinances and codes.
g. The Town Master Plan, or components thereof, and applicable ordinances of any city
or village whose extraterritorial jurisdiction extends into the Town.
h. Applicable provisions of the Town Zoning Code.
i. All applicable rules contained in the Wisconsin Administrative Code not listed in this
Subsection.
j. The provisions of all intergovernmental agreements to which the Town is a party.
2) Jurisdiction. These regulations apply to all lands within the corporate limits of the Town
of Fond du Lac. The provisions of this Subdivision Code, as they apply to divisions of
tracts of land into less than three (3) parcels, shall not apply to:
a. Transfers of interests in land by will or pursuant to court order;
b. Leases for a term not to exceed ten (10) years, mortgages or easements;
c. 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 sizes required by this Subdivision Code or other applicable laws, codes or
ordinances.
3) Certified Survey. Any division of land other than a subdivision as defined in Sec.
236.02(12), Wis. Stats., shall be surveyed and a certified survey map prepared as
provided in Sec. 236.34, Wis. Stats.
4) Building Permits. The Town shall not issue any building permit relating to any parcel of
land forming all or any part of lands included in a subdivision, land division, replat or
certified survey originally submitted to the Town on or after the effective date of the
Subdivision Ordinance that was the prdecessor to this Code until the applicant has
complied with all of the provisions and requirements of this Code.
5) Applicability to Condominiums. This Subdivision Code is expressly applicable to
condominium developments within the Town’s jurisdiction, pursuant to Section
703.27(1), Wis. Stats. For purposes of this Code, a condominium unit and any associated
limited common elements shall be deemed to be equivalent to a lot or parcel created by
the act of subdivision.
6) Noise & Avigation Easement & Non-Suit Covenant Requirement. All residential land
divisions, whether by certified survey map or plat, shall contain the following restrictive
covenants, which shall be recorded with the Register of Deeds, Fond du Lac County,
Wisconsin, and which shall run with the land and be binding upon the successors and
assigns of the relevant owners:
a. This parcel of land is near the Fond du Lac County Airport and is within the County’s
“Height Limitation Zoning Map” as amended from time to time. The Purchaser is
hereby advised that the subject property is located in a noise-impacted area; that these
present and future noise impacts might be annoying to users of the land for its stated
purpose and might interfere with the unrestricted use and enjoyment of the property
in its intended use; that these noise impacts might change over time by virtue of
greater numbers of aircraft, louder aircraft, seasonable variations, and time-of-day
variances; that changes in airport, aircraft, and air traffic control operating procedures
or in airport layout could result in increased noise impact; and that the Purchaser’s
and user’s own personal perceptions of the noise exposure could change and that his
or her sensitivity to aircraft noise could increase.
b. Purchaser does hereby grant and convey to Fond du Lac County its successors and
assigns, a continuing right to keep the airspace within the “Height Limitation Zoning
Map, Fond du Lac County Airport, Fond du Lac County, Wisconsin” clear and free
from any obstructions of any kind or nature whatsoever, together with the right of
ingress to egress from, and passage over the land of the Purchaser for the purpose of
effecting and maintaining such clearances and of removing any and all obstructions
which now or may hereafter extend above said heights.
c. Purchaser hereby covenants, both for himself and herself and his and her heirs,
executors, administrators and assigns, for and during the life of this easement, as
follows:
1) Purchaser shall not hereafter construct nor permit any obstruction upon
said land in violation of the County’s Height Limitation described above;
and
2) Purchaser shall not hereafter use or permit the use of the land in such a
manner as to create electrical interference with radio communication
between the airport and aircraft or as to make it difficult for flyers to
distinguish between airport lights and others, or as to result in glare in the
eyes of flyers using the airport, or as to impair visibility in the vicinity of
the airport, or as otherwise to endanger the landing, taking-off or
maneuvering of aircraft.
d. By virtue of accepting title to the land that is subject to these restrictive covenants, the
Purchaser, for and on behalf of himself and herself and all successors in interest to
any and all of the land, waives as to Fond du Lac County and the Town of Fond du
Lac or any successor agency legally authorized to operate the Fond du Lac County
Airport, any and all claims for damage of any kind whatsoever incurred as a result of
aircraft using the easement granted herein regardless of any future changes in volume
or character of aircraft overflights, or changes in airport design and operating policies,
or changes in air traffic control procedures.
e. The Purchaser, for and on behalf of himself and herself and all successors in interest
to any and all of the land that is subject to these restrictive covenants, does further
hereby covenant and agree with Fond du Lac County and the Town of Fond du Lac,
their successors and assigns, that it will not, from and after the effective date hereof,
sue, prosecute, molest, or trouble Fond du Lac County and the Town of Fond du Lac,
their successors and assigns, in respect to or on account of the flight of any and all
aircraft over or near the land, or for any effects resulting therefrom, including but not
limited to, noise, air pollution, or any other possible damages to or taking of said
property resulting from such flights.
b) Land Suitability.
1) Suitability. No land shall be subdivided for residential, commercial or industrial use
which is held unsuitable for such use by the Town Board for reason of flooding,
inadequate drainage, adverse soil or rock formation, unfavorable topography or any other
feature likely to be harmful to the health, safety, or welfare of the future residents of the
proposed subdivision or of the community. The Board, in applying the provisions of this
subsection, shall in writing recite the particular facts upon which it bases its conclusion
that the land is not suitable for residential use and afford the subdivider an opportunity to
present evidence regarding such unsuitability if he so desires. Thereafter the Board may
affirm, modify, or withdraw its determination of unsuitability. The Plan Commission
shall review the proposed subdivision and make its recommendation to the Board prior to
Board review and final determination.
2) Existing Flora. The subdivider shall make every effort to protect and retain all existing
trees, shrubbery, vines, and grasses not actually lying in public roadways, drainageways,
building foundation sites, private driveways, soil absorption waste disposal areas, paths,
and trails. Such trees are to be protected and preserved during construction in accordance
with sound conservation practices, possibly including the preservation of trees by well
islands or retaining walls whenever abutting grades are altered, pursuant to a landscaping
plan filed by the subdivider and approved by the Town Board. Brush clearing may be
permitted provided that nothing over three inches (3") in diameter may be removed
without prior Plan Commission approval of a brush clearing plan.
3) Additional Considerations.
a. Areas of archaeological and/or historical interest shall be designated by the State
Historical Society.
b. Areas of geological interest shall be designated by the State Geological and Natural
History Survey.
c. Suitability of land for private sewerage systems shall be determined in accordance
with Chapter Comm 83, Wisconsin Administrative Code.
c) Condominium Developments.
1) Limited Applicability. The Town Board hereby finds that certain issues arise in
condominium developments that require limited applicability of this Subdivision Code to
condominium developments. The State Legislature has recognized that subdivision
codess may apply to condominiums, but that subdivision codess shall not impose burdens
upon condominiums that are different from those imposed on other property of a similar
character not subject to a declaration of condominium.
2) Distinction from Other Development. The factor that makes this Subdivision Code
applicable to a condominium development is the creation of multiple, distinct property
entities at or near the ground surface, subject to property taxation as separate “parcels”,
with each property entity having different ownership and management. The Town
determines that this factor makes a condominium development dissimilar, both physically
and in ownership, from developments in which the land and improvements are under
unitary ownership, management and control.
3) Development Inpact.
The Town Board hereby finds that new condominium
developments can place impacts on community resources in the same manner as other
new developments which are characterized by division of land into lots. These impacts
include:
a. Additional population density;
b. Possibility of use of particular land in a manner unsuitable to the land’s
characteristics;
c. Additional demands upon Town area parks, recreation areas, utility facilities and
schools;
d. Additional traffic and street use.
4) Portions of Subdivision Code Applicable to Condominium Developments. The following
sections of this Code shall apply to condominium developments:
a. Section 14-1-3(b), relating to land suitability and construction practices;
b. Sections 14-1-4(a) through 14-1-4(c), relating to preliminary plat approval. This stage
of approval shall be the only approval required for a condominium development. The
technical requirements for preliminary plats set forth in section 14-1-5(a) shall not
apply, since condominiums have separate technical standards set forth in Chapter
703, Wis. Stats.
c. Section 14-1-5(e), relating to fees for review;
d. Section 14-1-6, relating to required improvements;
e. Section 14-1-7, relating to design standards for improvements;
f. Section 14-1-8, relating to dedication requirements.
5) Exceptions. This Section shall not apply to the following condominiums:
a. Any condominium plat recorded prior to the effective date of the Town's Subdivision
Ordinance (being March 10, 2003);
b. Any conversion of a structure or structures in existence on the effective date of the
Town's Subdivision Ordinance to a condominium after said effective date.
SEC. 14-1-4 PLAT REVIEW AND APPROVAL
a) Preliminary Consultation. Before filing a Preliminary Plat or certified survey, the
subdivider is encouraged to consult with the Town Board, Plan Commission and/or other
professionals assisting the Town for advice regarding general subdivision requirements.
Submittal of a concept plan prior to preparation of a preliminary plat is encouraged. For
commercial development, submittal of a site plan to the Plan Commission for review prior to
submittal of a preliminary plat or certified survey map is required. Information on meeting
dates, agenda deadlines and filing requirements may be obtained from the Plan Commission
Secretary. The subdivider shall also submit a location map showing the relationship of the
proposed subdivision to traffic arteries and existing community facilities. This consultation
is neither formal nor mandatory but is intended to inform the subdivider of the purpose and
objectives of these regulations, the comprehensive plan, comprehensive plan components and
duly adopted plan implementation devices of the Town and to otherwise assist the subdivider
in planning his/her development. In so doing, both the subdivider and planning agency may
reach mutual conclusions regarding the general program and objectives of the proposed
development and its possible effects on the neighborhood and community and the subdivider
will gain a better understanding of the subsequent required procedures.
b) Submission of Preliminary Plat.
1) Submission. Before submitting a Final Plat for approval, the subdivider shall prepare a
Preliminary Plat and a letter of application. The subdivider shall submit seven (7) copies
of the Preliminary Plat. The Preliminary Plat shall be prepared in accordance with this
Subdivision Code, and the subdivider shall file copies of the Plat and the application as
required by this Section with the Plan Commission Secretary at least fifteen (15) days
prior to the meeting of the Plan Commission at which action is desired. The Plan
Commission Secretary shall submit a copy of the Preliminary Plat to the Plan
Commission and to the Town Engineer for review and written report of his
recommendations and reactions to the proposed plat.
2) Public Improvements, Plans and Specifications. Simultaneously with the filing of the
Preliminary Plat of map, the owner shall file with the Plan Commission Secretary seven
(7) complete sets of engineering reports, plans and specifications for the construction of
any public improvements required by this Subdivision Code, specifically addressing
sewer and water service feasibility, drainage facilities, traffic patterns, typical street cross
sections, erosion control plans, pavement design and other improvements necessary in the
subdivision.
3) Property Owners Association; Restrictive Covenants; Easements. A draft of the legal
instruments and rules for proposed property owners associations, when the subdivider
proposes that common property within a subdivision would be either owned or
maintained by such an organization of property owners or a subunit of the Town pursuant
to Sec. 236.293,Wis. Stats., any proposed deed restrictions or restrictive covenants, and
any easement agreements (e.g., for drainageways or other improvements) shall be
submitted at the time of filing the Preliminary Plat with the Plan Commission Secretary.
4) Affidavit. The surveyor preparing the Preliminary Plat shall certify on the face of the plat
that it is a correct representation of all existing land divisions and features and that he has
fully complied with the provisions of this Subdivision Code.
5) Supplementary Data to be Filed with Preliminary Plat. The following shall also be filed
with the Preliminary Plat:
a. Use Statement. A statement of the proposed use of lots stating type of residential
buildings with number of proposed dwelling units; types of business or industry so as
to reveal the effect of the development on traffic, fire hazards and congestion of
population; and
b. Zoning Changes. If any zoning changes are contemplated, the proposed zoning plan
for the areas, including dimensions; and
c. Area Plan. Where the subdivider owns property adjacent to that which is being
proposed for the subdivision, the Plan Commission may require that the subdivider
submit a Concept Plan for the remainder of the property so as to show the possible
relationships between the proposed subdivision and future subdivision. In any event,
all subdivisions must be shown to relate well with existing or potential adjacent
subdivisions.
6) Street Plans and Profiles. The subdivider shall provide street plans and profiles showing
existing ground surface, and proposed and established street grades, including extensions
for a reasonable distance beyond the limits of the proposed subdivision when requested
and future connections to existing streets. All street plans shall conform to the Town's
Official Map, unless the subdivider successfully petitions for an amendment to the
Official Map.
7) Soil Testing. The subdivider shall provide a preliminary soils report, listing the types of
soil in the proposed subdivision, their effect on the subdivision and a proposed soil
testing and investigation program. Pursuant to the public policy concerns prescribed in
section 14-1-3(b), the Plan Commission may require that borings and soundings be made
in specified areas to ascertain subsurface soil, rock and water conditions, including depth
to bedrock and depth to ground water table.
8) Referral to Other Agencies The subdivider shall submit the Preliminary Plat for approval
as required by Section 236.12, Wisconsin Statutes.
c) Preliminary Plat Review and Approval.
1) Plan Commission Recommendation.
a. Recommendation to Town Board. After review of the Preliminary Plat or certified
survey map and negotiations with the subdivider on changes and the kind and extent
of public improvements which will be required, the Plan Commission shall
recommend to the Town Board disapproval, approval or conditional approval of the
Preliminary Plat or certified survey within forty-five (45) days of the date the Plat
was filed with the Plan Commission Secretary. (Note: Sec. 236.11(l)(a), Wis. Stats,
states that extensions of time or a decision to hold a matter in abeyance may only be
made by agreement between the subdivider and Town Board, not the Plan
Commission.)
b. Notice of Plan Commission Hearing. The Plan Commission Secretary shall give
notice of the Plan Commission's review of the Preliminary Plat or certified survey,
including any public hearing it may hold on the matter, by listing it as an agenda item
in the Commission's meeting notice given to the official Town newspaper. The
notice shall include the name of the applicant, the address of the property in question
and the requested action. Property owners within five hundred (500) feet of the
proposed land division shall receive written notice of any public hearing held on the
matter. The Plan Commission shall review any restrictive covenants, proposed
easements and proposed development agreements at the same time as it reviews the
Preliminary Plat.
2) Board Action. After receipt of the Plan Commission’s recommendation, the Town Board
shall, within ninety (90) days of the date the plat was filed with the Plan Commission
Secretary, approve, approve conditionally or reject such plat or survey map and shall
state, in writing, any conditions of approval or reasons for rejection, unless the time is
extended by agreement with the subdivider. Failure of the Town Board to act within
ninety (90) days or extension thereof shall constitute an approval of the Preliminary Plat,
unless other authorized agencies object to the plat. The Town Clerk shall communicate
to the subdivider the action of the Town Board. If the plat or map is approved, the Town
Clerk shall endorse it for the Town Board.
3) Effect of Preliminary Plat Approval. Approval or conditional approval of a Preliminary
Plat shall not constitute automatic approval of the Final Plat, except that if the Final Plat
is submitted within six (6) months of Preliminary Plat approval and conforms
substantially to the Preliminary Plat layout, the Final Plat shall be entitled to approval
with respect to such layout. The Preliminary Plat shall be deemed an expression of
approval or conditional approval of the layout submitted as a guide to the preparation of
the Final Plat, which will be subject to further consideration by the Plan Commission and
Town Board at the time of its submission. A Final Plat that shows staged development is
not entitled to approval on the basis of approval of the Preliminary Plat unless the stage
development plan was clearly shown on the Preliminary Plat at the time it was approved.
4) Preliminary Plat Amendment. Should the subdivider desire to amend the Preliminary Plat
as approved, he may resubmit the amended plat which shall follow the same procedure,
except for the fee, unless the amendment is, in the opinion of the Plan Commission, of
such scope as to constitute a new plat, in which such case it shall be refiled.
d) Final Plat Review and Approval.
1) Filing Requirements.
a. Application for Approval. The subdivider shall prepare a Final Plat and a letter of
application in accordance with this Subdivision Code and shall file seven (7) copies
of the Plat and the application with the Plan Commission Secretary at least fifteen
(15) days prior to the meeting of the Plan Commission at which action is desired.
The Plan Commission Secretary shall give notice of the Plan Commission's meeting
in the manner prescribed in section 14-1-3(c)(1)b. The owner or subdivider shall file
seven (7) copies of the Final Plat not later than six (6) months after the date of
approval of the Preliminary Plat; otherwise, the Preliminary Plat and Final Plat will
be considered void unless an extension is requested in writing by the subdivider and
for good cause granted by the Town. The owner or subdivider shall also submit at
this time a current certified abstract of title or registered property report and such
other evidence as the Town Attorney may require showing title or control in the
applicant.
b. Subdivider to Submit to Other Approving Agencies. The subdivider shall submit the
Final Plat for approval by other approving agencies as required by Section 236.12,
Wisconsin Statutes.
c. Conformance to Preliminary Plat. The Final Plat shall conform to the Preliminary
Plat as approved and to the requirements of all applicable ordinances, codes and state
laws and shall be submitted for certification of those agencies having the authority to
object to the plat as provided by Sec. 236.12(2).
d. Public Improvement Plans. Simultaneously with the filing of the Final Plat or map,
the owner shall file with the Plan Commission Secretary seven (7) copies of the final
plans and specifications of public improvements required by this Subdivision Code.
e. Review by Town Engineer. The Plan Commission Secretary may refer the Final Plat,
and shall refer public improvement plans and specifications, to the Town Engineer for
review. The abstract of title or registered property report may be referred to the Town
Attorney for his examination and report. The recommendations of the Town Engineer
shall be made within thirty (30) days of the filing of the Final Plat. The Town
Engineer shall examine the plat and final plans and specifications of public
improvements for technical details and, if he finds them satisfactory, shall so certify
in writing to the Plan Commission. If the plat or the plans and specifications are not
satisfactory, the Town Engineer shall return them to the owner and so advise the Plan
Commission.
2) Plan Commission Review.
a. Plan Commission Recommendation. The Plan Commission shall examine the Final
Plat as to its conformance with the approved Preliminary Plat, any conditions of
approval of the Preliminary Plat, this Subdivision Code and all applicable ordinances,
codes, rules, regulations, comprehensive plans and comprehensive plan components
which may affect it and shall recommend approval, conditional approval or rejection
of the Plat to the Town Board.
b. Time for Submission of Final Plat. If the Final Plat is not submitted within six (6)
months of the last required approval of the Preliminary Plat, the Town Board may
refuse to approve the Final Plat.
c. Time for Plan Commission action. The Plan Commission shall, within forty (40)
days of the date of filing of the Final Plat with the Plan Commission Secretary,
recommend approval, conditional approval or rejection of the Plat and shall transmit
the Final Plat and application along with its recommendations to the Town Board.
The Plan Commission may hold the matter in abeyance if there is incomplete or
inadequate information, until the subdivider supplies the required information.
3)
Board Review and Approval.
a. Town Board Action on Final Plat. The Town Board shall, within sixty (60) days
of the date of filing the original Final Plat with the Plan Commission Secretary,
approve or reject such Plat unless the time is 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. The
Town Board may not inscribe its approval on the Final Plat unless the Town Clerk
certifies on the face of the Plat that the copies were forwarded to objecting
agencies as required herein, the date thereof and that no objections have been filed
within twenty (20) days or, if filed, have been met.
b. Notice to Neighboring Munipalities. The Town Board shall, when it determines
to approve a Final Plat, give at least ten (10) days ' prior written notice of its
intention to the Municipal Clerk of any municipality within one thousand (1,000)
feet of the Final Plat.
c. Deemed Approval Upon Failure to Act. Failure of the Town Board to act within
sixty (60) days, the time having not been extended and no unsatisfied objections
having been filed, the plat shall be deemed approved.
d. Certification of Approved Plat. After the Final Plat has been approved by the
Town Board the Town 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.
e. Subdivider to file Copies. The subdivider shall file copies of the approved Final
Plat with approving agencies, affected sanitary districts, and other affected
agencies for their files.
e) Administrative Fees.
1) General. The subdivider shall pay the Town all fees as hereinafter required and at the
times specified before being entitled to review of a plat or certified survey map.
2) Engineering Fee. The subdivider shall pay a fee equal to the actual cost to the Town
for all engineering work incurred by the Town in connection with a concept plan, plat
or certified survey map, including inspections required by the Town. The subdivider
shall pay a fee equal to the actual cost to the Town for such inspection as the Town
Board deems necessary to assure that the construction of the required improvements is
in compliance with the plans, specifications, ordinances and codes of the Town or any
other governmental authority.
3) Administrative Fee. The subdivider shall pay a fee equal to the cost of any legal,
administrative or fiscal work which may be undertaken by the Town in connection with
a concept plan, plat or certified survey map.
4) Concept Plan, Commercial Site Plan and Preliminary Plat Review Fee.
a. Review Fees. The subdivider shall pay a fee of Three Hundred Dollars ($300.00)
plus Ten Dollars ($10.00) for each lot within the concept plan, site plan,
Preliminary Plat or certified survey map to the Plan Commission Secretary at the
time of first application for approval to assist in defraying the cost of review.
b. Reapplication Fee. A reapplication fee of Fifty Dollars ($50.00) shall be paid to the
Plan Commission Secretary at the time of reapplication for approval of any concept
plan, site plan, Preliminary Plat or certified survey map which has previously been
reviewed.
5) Final Plat Review Fee.
a. Review Fees. The subdivider shall pay a fee of Three Hundred Dollars ($300.00)
plus Ten Dollars ($10.00) for each dwelling unit within the Final Plat to the Town
Clerk at the time of first application for Final Plat approval of said plat to assist in
defraying the cost of review.
b. Reapplication Fee. A reapplication fee of Fifty Dollars ($50.00) shall be paid to the
Town Clerk at the time of a reapplication for approval of any Final Plat which has
previously been reviewed.
f) Replat.
1) Replat. Except as provided in Section 70.27(l), Wis. Stats., 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 or person wishing to replat shall vacate or
alter the recorded Plat as provided in Chapter 236 of the Wisconsin Statutes. The
subdivider or person wishing to replat shall then proceed, using the procedures for
Preliminary and Final Plats.
2) Public Hearing. The Plan Commission Secretary 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 five hundred (500) feet of the exterior
boundaries of the proposed Replat.
3) Resubdivision. Where lots are more than double the minimum size required for the
applicable zoning district, the Plan Commission may require that such lots be arranged so
as to allow resubdivision of such parcels into normal lots in accordance with the
provisions of the Subdivision Code.
SEC. 14-1-5 TECHNICAL REQUIREMENTS FOR PLATS AND CERTIFIED
SURVEYS
a) Technical Requirements for Preliminary Plats.
1) General. A Preliminary Plat shall be required for all subdivisions and shall be based upon
a survey by a registered land surveyor and the plat prepared on mylar or paper of good
quality at a scale of not more than one hundred (100) feet to the inch and shall show
correctly on its face the following information:
a. Title under which the proposed subdivision is to be recorded.
b. Location of the proposed subdivision by government lot, quarter section, township,
range, county and state.
c. Date, Scale and North Point.
d. Names and Addresses of the owner, subdivider and land surveyor preparing the plat.
e. Entire Area contiguous to the proposed plat owned or controlled by the subdivider
shall be included on the Preliminary Plat even though only a portion of said area is
proposed for immediate development. If phased development is proposed, it shall be
plainly identified on the Preliminary Plat. The Town Board, upon the Plan
Commission's recommendation, may waive this requirement where it is unnecessary
to fulfill the purposes and intent of this Subdivision Code and undue hardship would
result from strict application thereof.
2) Plat Data. All Preliminary Plats shall show the following:
a. Exact Length and Bearing of the exterior boundaries of the proposed subdivision
referenced to a corner established in the U.S. Public Land Survey and the total
acreage encompassed thereby.
b. Locations of all Existing Property Boundary Lines, structures, drives, streams and
water courses, marshes, rock outcrops, wooded areas, railroad tracks and other
significant features within the tract being subdivided or immediately adjacent thereto.
c. Location, Right-of-Way Width and Names of all existing streets, alleys or other
public ways, easements, railroad and utility rights-of-way and all section and quarter
section lines within the exterior boundaries of the plat or immediately adjacent
thereto.
d. Location and Names of any Adjacent Subdivisions, parks and cemeteries and owners
of record of abutting unplatted lands.
e. Type, Width and Elevation of any existing street pavements within the exterior
boundaries of the plat or immediately adjacent thereto, together with any legally
established centerline elevations.
f. Location, Size and Invert Elevation of any existing sanitary or storm sewers, culverts
and drain pipes, the location of manholes, catchbasins, hydrants, electric and
communication facilities, whether overhead or underground and the location and size
of any existing water and gas mains within the exterior boundaries of the plat or
immediately adjacent thereto. If no sewers or water mains are located on or
immediately adjacent to the tract, the nearest such sewers or water mains which might
be extended to serve the tract shall be indicated by the direction and distance from the
tract, size and invert elevations.
g. Corporate Limit Lines within the exterior boundaries of the plat or immediately
adjacent thereto.
h. Existing Zoning on and adjacent to the proposed subdivision.
i. Contours within the exterior boundaries of the plat and extending to the centerline of
adjacent public streets to National Map Accuracy Standards based upon Mean Sea
Level Datum at vertical intervals of not more than two (2) feet. At least two (2)
permanent bench marks shall be located in the immediate vicinity of the plat; the
location of the bench marks shall be indicated on the plat, together with their
elevations referenced to Mean Sea Level Datum and the monumentation of the bench
marks clearly and completely described. Where, in the judgment of the Town
Engineer, undue hardship would result because of the remoteness of the parcel from a
mean sea level reference elevation, another datum may be used.
j. High-Water Elevation of all ponds, streams, lakes, flowages and wetlands within the
exterior boundaries of the plat or located within one hundred (100) feet therefrom.
k. Water Elevation of all ponds, streams, lakes, flowages and wetlands within the
exterior boundaries of the plat or located within one hundred (100) feet therefrom at
the date of the survey.
l. Floodland and Shoreland Boundaries and the contour line lying a vertical distance of
two (2) feet above the elevation of the one hundred (100) year recurrence interval
flood or, where such data is not available, two (2) feet above the elevation of the
maximum flood of record within the exterior boundaries of the plat or within one
hundred (100) feet therefrom. Areas without a determined one hundred (100) year
recurrence interval flood elevation may be required by the Town Board to have the
flood profile calculated with an approved hydraulic model.
m. Soil Types and their boundaries, as shown on the operational soil survey maps
prepared by the U.S. Department of Agriculture, Soil Conservation Service.
n. Location and Results of Soil Boring Tests within the exteriorboundaries of the plat
conducted in accordance with Comm 85 of the Wisconsin Administrative Code and
delineation of areas with three (3) foot and six (6) foot groundwater and bedrock
levels where the subdivision will not be served by public sanitary sewer service.
o. Location and Results of Percolation Tests within the exterior bounaries of the plat
conducted in accordance with Comm 85 of the Wisconsin Administrative Code where
the subdivision will not be served by public sanitary sewer service.
p. Location, Width and Names of all proposed streets and public rights of way such as
alleys and easements.
q. Approximate Dimensions of All Lots together with proposed lot and block numbers.
The area in square feet of each lot shall be provided.
r. Location and Approximate Dimensions of any sites to be reserved or dedicated for
parks, playgrounds, drainage ways or other public use.
s. Approximate Radii of all Curves.
t. Any Proposed Lake and Stream Access with a small drawing clearly indicating the
location of the proposed subdivision in relation to access.
u. Any Proposed Lake and Stream improvement or relocation, and notice of application
for approval by the State Department of Natural Resources, when applicable.
v. Where the Plan Commission. Town Board or Town Engineer finds that it requires
additional information relative to a particular problem presented by a proposed
development in order to review the Preliminary Plat, it shall have the authority to
request in writing such information from the subdivider.
3) Additional Information. The Plan Commission and/or Town Board may require a
proposed subdivision layout or concept plan for all or part of the subdivider's
contiguously owned land even though division is not planned at the time.
b) Technical Requirements for Final Plats.
1) General. A Final Plat prepared by a registered land surveyor shall be required for all
subdivisions. It shall comply in all respects with the requirements of Chapter 236, Wis.
Stats., and this Subdivision Code.
2) Additional Information. The Final Plat shall show correctly on its face, in addition to the
information required by Chapter 236, Wis. Stats., the following:
a. Exact Length and Bearing of the center line of all streets.
b. Exact Street Width along the line of any obliquely intersecting street.
c. Exact Location and Description or street lighting and lighting utility easements.
d. Railroad Rights-of-Way within and abutting the plat.
e. All Lands Reserved for future public acquisition or reserved for the common use
of property owners within the Plat.
f. Special Restrictions required by the Town Board relating to access control along
public ways or to the provision of planting strips.
g. Maintenance Obligations and provisions for maintenance of drainageways,
drainage easements, and other internal subdivision improvements not dedicated to
the public or accepted for dedication by the Town.
3) Deed Restrictions. Final versions of Restrictive Covenants and deed registrations for the
proposed subdivision shall be filed with the Final Plat.
4) Property Owners Association. The legal instruments creating a property owners
association for the ownership and/or maintenance of common lands and green space or
open space in the subdivision shall be filed with the Final Plat.
5) Survey Accuracy. The Town Board shall examine all Final Plats within the Town and
may check for the accuracy and closure of the survey, the proper kind and location of
monuments, and legibility and completeness of the drawing.
6) Surveying and Monumenting. All Final Plats shall meet all the surveying and
monumenting requirements of Chapter 236, Wis. Stats.
c) Technical Requirements for Certified Survey Land Divisions; Review and Approval.
1) Certified Survey Requirements. For any land division creating up to three (3) parcels,
containing not more than four (4) parcels which are thirty-five (35) acres each or less, or
building sites within a recorded subdivision plat without changing the exterior boundaries
of the block, lot or outlot, the subdivider may subdivide by use of a certified survey map,
prepared in accordance with Chapter 236, Wis. Stats., and this Subdivision Code.
2) Submission and Review. The subdivider shall file seven (7) copies of said certified
survey map with the Plan Commission Secretary. The Plan Commission shall review, and
shall make its recommendation to the Town Board to approve, approve conditionally, or
reject, within forty (40) days. The subdivider shall be notified in writing of any
conditions of approval, or the reasons for rejection.
3) Additional Information. The certified survey map shall show correctly on its face, in
addition to the information required by Chapter 236, Wis. Stats., the following:
a. All Existing Buildings, watercourses, drainage ditches and other features pertinent to
proper division.
b. Setbacks or Building Lines required by the Town ordinances and code and
specifically the Town Zoning Code.
c. All Lands Reserved for future acquisition.
d. Date of the Map.
e. Graphic Scale.
f. Name and Address of the owner, subdivider and surveyor.
g. Square Footage of each parcel.
h. Present Zoning for the parcels.
i.
Maintenance Obligations and provisions for maintenance of drainageways, drainage
easements, and other internal subdivision improvments not dedicated to the public or
accpeted for dedication by the Town.
4) Certificates. The surveyor shall certify on the face of the certified survey map that he/she
has fully complied with all the provisions of this Subdivision Code. The Town Board,
after a recommendation by the Plan Commission, shall certify its approval on the face of
the map.
5) Street Dedication. Dedication of streets and other public areas shall require, in addition,
the owner's certificate and the mortgagee's certificate in substantially the same form as
required by Section 236.21(2)(a) of the Wisconsin Statutes.
SEC. 14-1-6
REQUIRED IMPROVEMENTS
a) Improvements Required.
1) Payment for Improvements. The improvements prescribed in this Subdivision Code are
required as a condition of approval of all land divisions. Required improvements shall be
installed, furnished and financed at the sole expense of the subdivider. However, the cost
of such improvements may, at the sole discretion of the Town Board or the applicable
Sanitary District Commission and in accordance with the policies and procedures
identified herein and in other Town Ordinances or Codes, be financed through special
assessments.
2) Special Assessment Financing. A developer wishing to develop residential, commercial
or industrial lots shall provide to the Plan Commission a preliminary layout of the plat,
roadway, sewer and water extensions and any special requirements such as lift stations,
drainage, water booster stations and sidewalks. The developer shall also submit a
financial proposal describing the estimated cost of the proposed improvements and the
amount of special assessment financing requested from the Town. If the concept of the
preliminary layout is approved by the Plan Commission and the Town Board, the Board
may elect to partially or completely undertake the improvements and finance the same
through the issuance of special assessment B Bonds. Each proposal will be evaluated on
its own merits by the Town Board and may be accepted in full, rejected in full or partially
accepted or rejected based upon the needs of the Town, funds available, the number of
proposals received and other factors deemed relevant by the Board. Nothing herein shall
be construed to obligate the Town to provide financial assistance to any developer nor
shall the provision of financial assistance to one developer be deemed a precedent in the
consideration of other proposals. In order to be eligible for this assistance, the developer
must execute a developer’s agreement with the Town upon such terms as the Town may
require and the parties may negotiate, including, at a minimum the following:
a. Permits. The developer shall be responsible for obtaining all necessary permits and
licenses for the development and the costs thereof.
b. Zoning and Other Compliance. All plans for construction shall meet all setback and
other Code requirements under Town, County and State regulations and shall meet all
requirements and conditions for connection to municipal sewer and water systems. In
addition, the property proposed for development must be eligible for development
within the Town under the terms of the Town’s intergovernmental agreements with
other municipalities. If a conditional use permit or variance is required, developer
shall obtain the same prior to any borrowing by the Town. If rezoning is required,
developer will be exclusively responsible for filing and processing the petition with
the required governmental entities for such rezoning.
c. Repayment. Developer shall agree to repay the Town for all costs incurred by the
Town in conjunction with the development, including but not limited to costs of
construction, inspection, engineering fees, legal fees, leasing, bond issuance costs and
interest not to exceed one and one-half percent (1 ½ %) above the interest rate on the
bonds issues. Developer shall repay these amounts in the form of a special
assessment on the developing property over a term not to exceed ten (10) years.
Developer shall consent to the imposition of the special assessment(s) and waive
notice, hearing and appeal rights related to the special assessment. Developer shall
also furnish the Town with a surety or letter of credit in an amount of at least 100% of
the estimated cost of the project in a form satisfactory to the Town, which surety or
letter of credit shall remain in full force and effect until the assessments are final and
binding.
d. Easements and Dedications. Developer shall grant to and/or obtain on behalf of the
Town any easements or rights-of-way necessary for public purposes.
e. Indemnification. Developer shall indemnify and hold the Town harmless from any
and all claims and liabilities arising from damage to property or injury to persons
which may occur during the course of development.
3) General Standards. Improvements required by this Subdivision Code shall be installed in
accordance with the engineering standards and specifications which have been adopted
by the Town Board. Where standards and specifications have not been adopted, the
improvements shall be made in accordance with good engineering practices, approved
prior to the start of construction by the Town Engineer.
b) Required Agreement Providing for Proper Installation of Improvements.
1) Contract. Prior to installation of any required improvements and prior to the meeting at
which the Final Plat is approved, the subdivider shall enter into a written Development
Agreement with the Town, requiring the subdivider to furnish and construct said
improvements at his sole cost and in accordance with plans and specifications and usual
contract conditions, which shall include provision for inspection of construction details
by the Town Engineer.
2) Financial Guarantees.
a. Performance Bond. The Agreement shall require the subdivider to make an escrow
deposit or in lieu thereof to furnish a performance bond or irrevocable letter of credit,
the amount of the deposit and the penal amount of the bond to be equal to one
hundred twenty-five percent (125%) of the Town Engineer's estimate of the total
cost of the improvements to be furnished under the contract, including the cost of
inspection.
b. Installations Prior to Final Plat. On request of the subdivider, the Agreement may
provide for completion of part or all of the improvements covered thereby prior to
acceptance of the Final Plat, and in such event the amount of the deposit, letter of
credit or bond shall be reduced in a sum equal to the estimated cost of the
improvements so completed prior to acceptance of the plat only. If the required
improvements are not complete within the specified period, all amounts held under
performance bond, deposit or letter of credit, shall be turned over and delivered to the
Town and applied to the cost of the required improvements. Any balance remaining
after such improvements have been made shall be returned to the owner or
subdivider. The Town Board, at its option, may extend the bond, deposit or letter of
credit, period for additional periods not to exceed two (2) years each period.
c. Time for Completion. The time for completion of the work and individual
improvements shall be determined by the Town Board upon recommendation of the
Town Engineer after consultation with the subdivider. The completion date shall be a
component of the contract.
d. Town Inspection Costs. The subdivider shall pay the Town for all costs incurred by
the Town for review and inspection of the public improvements constructed and
installed in the subdivision. This includes review, and preparation at the Town
Board's discretion, of plans and specifications by the Town Engineer, Planner, and
Attorney, as well as other costs of a similar nature.
c) Required Construction Plans; Town Review; Inspections.
1) Engineering Reports, Construction Plans and Specifications. Engineering reports, plans
and proposed specifications shall be submitted simultaneously with the filing of the
Preliminary Plat. At the Final Plat stage, construction plans for the required
improvements conforming in all respects with the standards of the Town Engineer and
the ordinances and codes of the Town shall be prepared at the subdivider's expense by a
professional engineer who is registered in the State of Wisconsin, and said plans shall
contain the engineer's seal. Such plans, together with the quantities of construction items,
shall be submitted to the Town Engineer for his approval and for his estimate of the total
cost of the required improvements; upon approval they shall become a part of the
Development Agreement. Simultaneously with the filing of the Final Plat with the Plan
Commission Secretary, or as soon thereafter as practicable, copies of the construction
plans and specifications, where applicable, shall be furnished for the following public
improvements, with a copy sent to the appropriate sanitary district:
a. Street Plans and Profiles showing existing and proposed grades, elevations and cross
sections of required improvements.
b. Sanitary Sewer plans and profiles showing the locations, grades, sizes, elevations and
materials of required facilities.
c. Storm Sewer and Open Channel plans and profiles showing the locations, grades,
sizes, cross sections, elevations and materials of required facilities.
d. Water Main plans and profiles showing the locations, sizes, elevations and materials
of required facilities.
e. Erosion and Sedimentation Control plans showing those structures required to retard
the rate of runoff water and those grading and excavating practices that will prevent
erosion and sedimentation. Such plans shall comply with the County's or Town's
Erosion Control Code.
f. Planting Plans showing the locations, age, caliper, species and time of planting of any
required grasses, vines, shrubs and trees.
g. Green Space and buffer areas.
h. Drainage Plans, drainage areas, retention ponds and other drainage improvements,
and drainage easements.
i. Additional special plans or information as required by Town officials.
2) Action by the Town Engineer. The Town Engineer shall review the plans and
specifications for conformance with the requirements of this Subdivision Code and other
pertinent Town ordinances or codes and design standards recommended by the Town
Engineer and approved by the Town Board. If the Town Engineer rejects the plans and
specifications, he shall notify the owner, who shall modify the plans or specifications or
both accordingly. When the plans and specifications are corrected, the Town Engineer
shall approve the plans and specifications for transmittal to the Town Board. The Town
Board shall approve the plans and specifications before the improvements are installed
and construction commenced.
3) Construction and Inspection.
a. Start Authorization. Prior to starting any of the work covered by the plans approved
above, written authorization to start the work shall be obtained from the Town
Engineer upon receipt of all necessary permits and in accordance with the
construction methods of this Subdivision Code. Building permits shall not be issued
until all improvements required by this Subdivision Code are satisfactorily
completed.
b. Time for Completion. Construction of all improvements required by this Subdivision
Code shall be completed within two (2) years from the date of approval of the Final
Plat by the Town Board, unless good cause can be shown for the Town Board to grant
an extension.
c. Town Inspections. During the course of construction, the Town Engineer shall make
such inspections as the Town Board deems necessary to insure compliance with the
plans and specifications as approved. The owner shall pay the actual cost incurred by
the Town for such inspections. This fee shall be the actual cost to the Town of
inspectors, engineers and other parties necessary to insure satisfactory work.
4) Record Plans. After completion of all public improvements and prior to final acceptance
of said improvements, the subdivider shall make or cause to be made three (3) copies of
record plans showing the actual location of all valves, manholes, stubs, sewers and water
mains and such other facilities as the Town Engineer shall require. These plans shall be
prepared on the original mylar of the construction plans and shall bear the signature and
seal of a professional engineer registered in Wisconsin. The presentation of the record
plans shall be a condition of final acceptance of the improvements and release of the
surety bond assuring their completion. Two (2) copies shall be retained by the Town and
one (1) copy of such record plans shall be forwarded to the appropriate sanitary district.
d) Street Improvements. The subdivider shall construct streets, roads and alleys as outlined on
the approved plans based on the requirements of this Subdivision Code:
1) Street Construction Standards. The design and construction of all roads and streets in the
Town shall fully comply with the requirements and specifications of section 14-1-7.
2) Grading.
a. Existing and Proposed Grades. With the submittal of the Preliminary Plat, the
subdivider shall furnish drawings which indicate the existing and proposed grades of
roads, streets and alleys shown on the plat.
b. Approval by Town Board. Proposed grades will be reviewed by the Town Engineer
for conformance with Town standards and good engineering practice. Street grades
require the approval of the Town Board after receipt of the Town Engineer's
recommendations.
c. Subdivider to Grade. After approval of the street grades, the subdivider shall grade
the full width of the right-of-way of the streets proposed to be dedicated, including
the vision clearance triangle on corner lots.
d. Grading Existing Streets. In cases where an existing street right-of-way is made a
part of the plat or abuts the plat, the subdivider shall grade that portion of the right-ofway between the existing pavement and the property line.
e. Roadbed Grading. The bed for the roadways in the street rights of way shall be
graded to subgrade elevation.
f. Town Engineer Approval. The Town Engineer shall approve all grading within rights
of way and said grading shall extend for a sufficient distance beyond the right-of-way
to insure that the established grade will be preserved.
3) Street Construction. After sanitary sewer, storm sewer, water, and other necessary
utilities have been installed, where required by the Town, the subdivider shall construct
and dedicate, as part of the subdivision, streets and curbs and gutters. The subdivider
shall surface roadways to the widths prescribed in sections 14-1-7. Construction shall be
to Town standard specifications for street improvements.
4) Completion of Street and Sidewalk Construction.
a. Construction Completion before Building Permits Issuable. Unless otherwise
provided in the Development Agreement, prior to any building permits being issued
on lands adjacent to streets, all street construction shall be completed by the
subdivider, approved by the Town Engineer and accepted by the Town Board.
b. Discretionary Waiver. The Town Board may issue a waiver of these requirements in
unusual or special circumstances such as excessively severe weather conditions,
heavy construction temporarily in area or construction material shortages (i.e.,
cement, asphalt). The issuance or denial of a waiver shall be at the sole discretion of
the Town Board.
c. Requests for Waiver. The subdivider requesting a waiver shall do so in writing,
presenting such information and documentation as required by the Town Board. The
waiver, if issued, shall be in written form and shall detail which improvement
requirements are temporarily waived and for what period of time. The Town Board
may refer the waiver request to the Plan Commission for review and
recommendation. The Plan Commission shall report back to the Town Board within
forty (40) days of the date of referral.
e) Curb and Gutter. After the installation of all required utility and storm water drainage
improvements, the subdivider, when required by the Town Board where determined to be
necessary by the Town Engineer, shall construct concrete curbs and gutters in accordance
with plans and standard specifications approved by the Town Board or its designee.
Wherever possible, provision shall be made at the time of construction for driveway access
curb cuts.
f) Sidewalks. Sidewalks may be required by the Town Board in high traffic areas and areas in
the vicinity of schools, commercial areas and other places of public assemblage, or where
deemed necessary by the Town Board for the safety and welfare of the public. All sidewalks
constructed within the Town shall meet the specifications set by the Town Engineer.
Construction specifications may vary from road to road or street to street, as specific
conditions warrant. The Town Board may require the construction of sidewalks if such
walks are necessary, in their opinion, for safe and adequate pedestrian circulation. As an
alternative, the Town may require the extra extension and marking of roadway pavement for
a walkway.
1) Repairs.The owner of property abutting a public sidewalk is required to keep the sidewalk
in good repair. Property owners shall be liable to the Town for all losses to the Town for
damages to person or property caused by the owner’s failure to keep the sidewalk in good
repair and in a safe condition. The Town, through its Building Inspector, may notify a
property owner that repairs are necessary. The property owner shall have 60 days from
the date of the notice to complete the specified repairs. A permit is required before
making the specified repairs, but no permit fee will be charged if the repairs are made
within 60 days of the date of the notice, unless the property owner proposes to change the
grade, location or dimensions of the sidewalk. If the property owner fails to make the
repairs, the Town may repair the sidewalk and place the cost thereof on the tax roll for
collection as a special charge pursuant to sec. 66.0627, Wis. Stats.
2) Obstructions; Snow and Ice. The owner or occupant of property abutting a sidewalk shall
keep the sidewalk clear of dirt, rubbish and obstructions. No downspout or other pipe or
hose may be directed so that water drains on or over any public sidewalk so as to create a
health or saftey hazard or a public nuisance. The owner or occupant of property abutting
a sidewalk shall remove all ice and snow that has accumulated on the sidewalk within 24
hours after each snowfall event. If accumulated ice cannot be removed, the owner or
occupant shall sprinkle the sidewalk with sand, salt or other abrasives so as to make the
sidewalk safe for pedestrian travel. If the owner or occupant fails to remove ice and
snow from the sidewalk, or to sprinkle the sidewalk as required, the Town may, at its sole
discretion, cause the sidewalk to be cleaned or sprinkled and the cost thereof shall be
placed upon the tax roll for collection as a special charge pursuant to sec. 66.0627, Wis.
Stats.
g) Sanitary Sewerage System.
1) Public Sewers May be Required. There shall be provided a sanitary sewerage system in
conformity with the master plan of sewers as approved by the Town Board and/or
sanitary district.
2) Each Lot to be Served. The subdivider shall make adequate sewage disposal systems
available to each lot within the subdivision, certified survey parcel or land division.
3) Areas Served by Public Sewer. Subdivisions and certified survey parcels in areas able to
be served by a Town Sanitary District's public sewer system shall be served by public
sewer facilities. The size, type, and installation of all sanitary sewers proposed to be
constructed shall be in accordance with plans and specifications approved by the Sanitary
District.
4) Private Sewerage Systems. Land divisions created by certified survey outside areas
served by public sewer service may be served by private sewage disposal systems, if
public sewer facilities are not available. Private sewage disposal systems shall comply
with the Wisconsin Administrative Code Section Comm 82.20 and applicable Town
ordinances or codes, and County ordinances.
5) Subdivider Responsible for Costs. The subdivider shall pay all the costs of all sanitary
sewer work including the bringing of the sanitary sewer from where it exists to the
subdivision in question as well as providing all sanitary sewer work within the
subdivision. The size, type and installation of all sanitary sewers proposed to be
constructed shall be in accordance with plans and standard specifications approved by the
appropriate sanitary district serving the area. If the extension of sanitary sewer to the
subdivision is part of a larger project initiated by the town or sanitary district, the
subdivider shall pay his share of the project costs in the same manner as other properties
to be served by the project unless otherwise agreed to as part of the Development
Agreement.
h) Water Supply Facilities (Municipal Water Service Area).
1) Each Lot to be Served. The subdivider shall make adequate domestic water supplies
available, and pay for such improvements, for each lot within the subdivision or land
division in the Town's municipal water service area.
2) Public Water Service. The subdivider shall construct water mains in such a manner as to
make adequate water service available to each lot within the subdivision or land division.
The size, type, and installation of all public water mains proposed to be constructed shall
be in accordance with plans and specifications approved by the Town. If the extension
of municipal water to the subdivision is part of a larger project initiated by the town, the
subdivider shall pay his share of the project costs in the same manner as other properties
to be served by the project unless otherwise agreed to as part of the Development
Agreement.
i) Storm Water Drainage Facilities. Pursuant to section 14-1-7(e), the subdivider shall
provide storm water drainage facilities which may include curb and gutter, catch basins and
inlets, storm sewers, road ditches and open channels, as may be required by the Town. All
storm water drainage improvements shall be designed and constructed in accordance with the
requirements of the Town's Stormwater Management Code and all other applicable Town
and County ordinances or codes. Storm drainage facilities shall be so designed as to
minimize hazards to life or property, and the size, type and installation of all storm water
drains and sewers proposed to be constructed shall be in accordance with the plans and
specifications approved by the Town Board, upon the recommendation of the Town
Engineer.
j) Other Utilities.
1) General. The subdivider shall cause gas, electric power and telephone facilities to be
installed in such a manner as to make adequate service available to each lot in the
subdivision, certified survey or land division. All new electrical distribution television
cables and telephone lines from which lots are individually served shall be underground
unless the Town Board specifically allows overhead poles for the following reasons:
a. Physical Limitations. Topography, soil, water table, solid rock, boulders, or other
physical conditions would make underground installation unreasonable or
impractical; or
b. Existing Facilities. The lots to be served by said facilities can be served directly from
existing overhead facilities.
2) Approval by Town Board. Plans indicating the proposed location of all gas, electrical
power and telephone distribution and transmission lines required to service the
subdivision shall be approved by the Town Board and such map shall be filed with the
Town Clerk.
k) Street Signs. The Town shall provide and install street signs at the intersections of all
dedicated streets.
l) Street Trees.
1) Planting Required. The subdivider shall plant in the area between the building setback
line and the road right of way at least one (1) tree of a species acceptable to the Town
Board and of at least six (6) feet in height for each fifty (50) feet of frontage on all streets
proposed to be dedicated. The required trees shall be planted in accordance with plans
and specifications approved by the Town Board.
2) Prohibited Trees. No person shall plant or maintain in the planting area any tree of the
species Populus Deltoides. commonly called the "Cottonwood," Black Locust, the seedbearing "Box Elder" or Acer Negundo. which may now or hereafter become infested with
Box Elder bugs, White Poplar, Lombardy Poplar, any evergreen or fir tree, any fruit or
nut tree, or any other species, which in the opinion of the Town Board, will constitute a
nuisance to the public or adjoining property owners or interfere with the safety of the
public.
m) Erosion Control. The subdivider shall cause all gradings, excavations, open cuts, side
slopes, and other land surface disturbances to be mulched, seeded, sodded or otherwise
protected so that erosion, siltation, sedimentation and washing are prevented. The subdivider
shall submit an erosion control plan that specifies measures that will be taken to assure the
minimization of erosion problems, and shall comply with all applicable Town, County and
DNR erosion control ordinances and guidelines.
n) Partition Fences. When the land included in a subdivision plat or certified map abuts upon
or is adjacent to land used for farming or grazing purposes, the Town may require that the
subdivider erect, keep, and maintain partition fences, satisfying the requirements of the
Wisconsin Statutes for a legal and sufficient fence, between such land and the adjacent land.
A covenant binding the developer, its grantees, heirs, successors, and assigns to erect and
maintain such fences, without cost to the adjoining property owners, so long as the land is
used for farming or grazing purposes, shall be included upon the face of the Final Plat or
certified survey map.
o) Easements.
1) Utility Easements. Utility easements are required for poles, wire, conduits, storm and
sanitary sewers, gas, water and head mains or other utility lines. It is the intent of this
Subdivision Code to protect all established easements so as to assure proper grade and
maintenance of the established grade, prohibit construction of permanent fences,
retaining walls or other improvements over underground installation and prevent the
planting of trees in the easement area.
2) Drainage Easements. Where a subdivision is traversed by a watercourse, natural or manmade drainage way, channel or stream:
a. Easement. There shall be provided a storm water easement or drainage right-of-way
conforming substantially to the lines of such watercourse and such further width or
construction, or both, as will be adequate for the purpose and as may be necessary to
comply with this Section; or
b. Relocation. The watercourse, drainage way, channel or stream may be relocated in
such a manner that the maintenance of adequate drainage will be assured and the
same provided with a storm water easement or drainage right-of-way conforming to
the lines of the relocated watercourse, and such further width or construction, or both,
as will be adequate for the purpose and may be necessary to comply with this Section.
c. Minimum Requirements. Wherever possible, it is desirable that drainage be
maintained by an open channel with landscaped banks and adequate width for
maximum potential volume flow. In all cases, such water course shall be of a
minimum width established at the high-water mark or, in the absence of such
specification, not less than thirty (30) feet. If, in the opinion of the Town Engineer,
the easement will be for a major drainage swale, the easement shall be of sufficient
width to contain a one hundred (100) year frequency storm. If the drainage easement
is located in an established flood way or flood fringe district, the entire flood plain
area shall be included within the drainage easement. The Town will not be
responsible for maintenance of any drainage easement areas unless it specifically
accepts the drainage easement areas as dedications to the public and public access to
the easement areas it provided by express dedication.
3) Easement Locations. Easements shall be at least twelve (12) feet wide, or wider where
recommended by the Town Engineer, and may run across lots or alongside of rear lot
lines. Such easements should preferably be located along rear lot lines. Evidence shall be
furnished the Plan Commission and Town Board that easements and any easement
provisions to be incorporated in the plat or in deeds have been reviewed by the individual
utility companies or the organization responsible for furnishing the services involved.
4) Grade Markers. The developer or owner of every new subdivision regulated by the
Subdivision Ordinance or the developer or owner of a lot in a previously approved
subdivision where the lot grade has not yet been finished must install grade markers on
each lot as prescribed below. The grade marker must be metal in the form of an
agricultural-type steel fence post or tubular pipe of at least 1-1/4” diameter or other type
of metal post of comparable strength. Any lot, real estate parcel, accessory building, or
commercial or industrial building required by the Town to submit a drainage plan must
also comply with the grade marker requirements described below.
a. The required grade marker must be set in the ground a minimum of 18” and rise
above the relevant grade not less than 3-1/2 feet. The grade marker must be placed
adjacent to the left front corner lot stake viewed when facing the front of the lot from
the relevant road or subdivision street.
b. A grade marker must be marked with a permanent line of quality paint or file
mark/paint in order to show the finish ground elevation at the house consistent with
the final grading and drainage plan approved by the Town.
c. A minimum of two (2) permanent benchmarks must be located in every new
subdivision. If the grade marker has been removed, for any reason, or if the line
reference in subsection 4(b) above is obliterated for any reason, the developer or
owner must resurvey the area in question and replace the grade marker to its original
position.
d. The developer or owner are responsible, joint and several, for reimbursing the Town
for the reasonable costs incurred by the Town in confirming or rechecking elevations
arising out of a problem with the grade marker(s) required by this Ordinance.
e. The text of every protective covenant applicable to platted property within a
subdivision must incorporate the grade marking requirements of this Ordinance. The
protective covenants must also include a provision that the grade markers cannot be
removed until an occupancy permit has been issued by the Town for the relevant
premises.
SEC. 14-1-7
DESIGN STANDARDS
a) General Street Design Standards.
1) Compliance with Statutes. In laying out a subdivision, the owner shall conform to the
provisions of Chapter 236, Wis. Stats., and all applicable Town and County ordinances or
codes. In all cases where the requirements of this Subdivision Code are different from the
requirements of Chapter 236, the more restrictive provision shall apply.
2) Dedication. The subdivider shall dedicate land and improve streets as provided in this
Subdivision Code and section 14-1-6(d). Streets shall be located with due regard for
topographical conditions, natural features, existing and proposed streets, utilities and land
uses and public convenience, and safety. Streets shall conform to official maps adopted
by the Town Board. The subdivision, certified survey parcel or land division shall be so
designed as to provide each lot with satisfactory access to a public street or road.
3) Compliance with Comprehensive Plan. The arrangement, character, extent, width, grade
and location of all streets shall conform to any Town Comprehensive Development Plan
or Official Map and to this Subdivision Code and shall be considered in their relation to
existing and planned streets, to reasonable circulation of traffic, to topographical
conditions, to run-off of storm water, to public convenience and safety, and in their
appropriate relation to the proposed uses of the land to be served by such streets. The
arrangement of streets in new subdivisions shall make provision for the appropriate
continuation at the same width of the existing streets in adjoining areas.
4) Areas Not Covered by Plan. In areas not covered by a Town Comprehensive Plan, or
Official Map, the layout of streets shall conform to the plan for the most advantageous
development of adjoining areas of the neighborhood. Streets shall be designed and
located in relation to existing and officially planned streets, topography and natural
terrain, streams and lakes and existing tree growth, public convenience and safety and in
their appropriate relation to the proposed use of the land to be served by such streets.
5) Street Classifications. Streets/roads shall be classified as indicated below.
a. Arterial Streets. Arterial streets shall be arranged to provide through traffic for a
heavy volume of vehicles.
b. Collector Streets. Collector streets shall be arranged so as to provide ready collection
of traffic from commercial and residential areas and conveyance of this traffic to the
major street and highway system and shall be properly related to special traffic
generators such as schools, churches and shopping centers and other concentrations of
population and to the major streets into which they feed.
c. Minor Streets. Minor streets shall be arranged to conform to the topography, to
discourage use by through traffic, to permit the design of efficient s

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