STATE OF WISCONSIN
Town of ________
________ County
The Town Board of the Town of ________, ________ County, Wisconsin, has the specific authority under
s. 125.51 (3) (b), Wis. stats., to adopt this ordinance.
This ordinance, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, provides that any holder of a “Class B” intoxicating liquor license may sell intoxicating liquor in the original package or container, in any quantity, for consumption off the premises where sold.
This ordinance is effective on publication or posting.
The town clerk shall properly post or publish this ordinance as required under
s. 60.80, Wis. stats.
Adopted this ________ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
STATE OF WISCONSIN
Town of ________
________ County
________ ________, of the Town of ________, ________ County, Wisconsin, having filed with the undersigned town clerk an application for a Retail “Class C” license to sell wine in accordance with
s. 125.51 (3m), Wis. stats., that has been published as required by
s. 125.04 (3), Wis. stats., and having produced a receipt showing the payment of $________ to the treasurer of the town, and the application having been granted by the town board on ________ ____, 20__;
A Retail “Class C” license is granted to ________ ________ to sell wine by the glass or in an opened original container to be consumed on the following premises within the town: [describe].
This license expires on the last day of June, 20__, unless sooner revoked.
Dated this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: Six-month licenses and licenses for months or fractions of months may be granted, with prorated fees under s.
125.51 (9).
STATE OF WISCONSIN
Town of ________
________ County
Whereas,
s. 125.51 (4) (e) 1., Wis. stats., authorizes the Town to request another municipality that is contiguous with, or within 2 miles of, the Town to transfer to the Town a reserve “Class B"license, as defined under
s. 125.51 (4) (a) 4., Wis. stats., that is held by the other municipality; and
Whereas, the [City or Village or Town] of _______________ [insert name of municipality] is [contiguous with or within 2 miles of] the Town and holds a reserve “Class B” license.
The Town Board of the Town of ________, ________ County, Wisconsin, by this resolution, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, resolves and orders as follows:
The Town requests that the [City or Village or Town] of _______________ [insert name of municipality] transfer to the Town a reserve “Class B” license, as defined under
s. 125.51 (4) (a) 4., Wis. stats., in accordance with
s. 125.51 (4) (e), Wis. stats.
The town clerk shall provide for the delivery of this resolution to the clerk of the [City or Village or Town] of _______________ [insert name of municipality], which resolution shall constitute the Town's request under
s. 125.51 (4) (e), Wis. stats., to the [City or Village or Town] of _______________ [insert name of municipality] to transfer a reserve “Class B” license to the Town.
The town clerk shall properly post or publish this resolution as required under
s. 60.80, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
STATE OF WISCONSIN
Town of ________
________ County
Whereas,
s. 125.51 (4) (e) 1., Wis. stats., authorizes a municipality to request another municipality that is contiguous with, or within 2 miles of, to transfer to it a reserve “Class B" license, as defined under
s. 125.51 (4) (a) 4., Wis. stats. that is held by the other municipality; and
Whereas, the [City or Village or Town] of _______________ [insert name of municipality] is [contiguous with or within 2 miles of] the Town and has requested that the Town transfer to it a reserve “Class B” license held by the Town; and
Whereas, the Town currently has a quota of ___ [insert total number of licenses authorized to be issued prior to the transfer] “Class B” licenses, as determined under
s. 125.51 (4), Wis. stats., that the Town is authorized to issue; and
Whereas, ___ [insert total number of reserve licenses held by the town prior to the transfer] of the Town's quota of “Class B” licenses are reserve “Class B” licenses, as determined under
s. 125.51 (4), Wis. stats., that may be transferred to another municipality under
s. 125.51 (4) (e), Wis. stats.
The Town Board of the Town of ________, ________ County, Wisconsin, by this resolution, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, resolves and orders as follows:
The Town transfers to the [City or Village or Town] of _______________ [insert name of municipality] ___ [insert the number of licences transferred] reserve “Class B” license(s), in accordance with
s. 125.51 (4) (e), Wis. stats.
By the transfer of ___ [insert the number of licences transferred] reserve “Class B” license(s) to the [City or Village or Town] of _______________ [insert name of municipality], the Town reduces its quota of “Class B” licenses from ___ [insert total number of “Class B” licenses authorized to be issued prior to the transfer] to ___ [insert total number of “Class B” licenses authorized to be issued prior to the transfer less the number of reserve licenses transferred] and reduces the total number of reserve “Class B” licenses held by the town from ___ [insert total number of reserve licenses held by the town prior to the transfer] to ___ [insert total number of reserve licenses held by the town prior to the transfer less the number of reserve licences transferred].
Pursuant to
s. 125.51 (3) (e) 4., Wis. stats., the Town establishes the fee for the initial issuance of the reserve “Class B" license by the [City or Village
or Town] of _______________ [insert name of municipality] as $________ [an amount not less than $10,000]. Upon receipt of the fee from the licensee, the Town by the [City or Village or Town] of _______________ [insert name of municipality] shall remit the fee to the Town as provided under
s. 125.51 (4) (e) 3., Wis. stats.
The town clerk shall provide for the delivery of this resolution to the clerk of the [City or Village or Town] of _______________ [insert name of municipality], which resolution shall constitute the Town's approval of and transfer under
s. 125.51 (4) (e), Wis. stats., to the [City or Village or Town] of _______________ [insert name of municipality] of the reserve “Class B” license.
The town clerk shall properly post or publish this resolution as required under
s. 60.80, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: The following form for temporary fermented malt beverages may be modified and used:
(ONLY for use by towns authorized to exercise VILLAGE POWERS under
s. 60.22, Wis. stats.)
STATE OF WISCONSIN
Town of ________
________ County
SECTION I - TITLE AND PURPOSE
The title of this Ordinance is the “Town of ________ Town Cemetery Ordinance.” The purpose of this Ordinance is to regulate the construction, management, operation, and platting of cemeteries, the burial of human corpses, and other cemetery uses and activities in the town.
SECTION II - AUTHORITY
The Town Board of the Town of ________ has the specific authority under
s. 157.50 (2), Wis. stats., and general authority under its village powers under
s. 60.22, Wis. stats., to adopt this ordinance.
SECTION III - ADOPTION OF ORDINANCE
This ordinance, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, provides for the regulation of the construction, management, operation, and platting of cemeteries and the burial of human corpses and other cemetery uses and activities in the town, including cemeteries that are not owned, operated, or controlled directly by the town.
SECTION IV - DEFINITIONS
In this ordinance:
A. “Burial” means entombment, inurnment, or interment and “bury” means to entomb, inurn, or inter.
B. “Cemetery” means any location for burial of human remains in the town.
C. “Human remains” means the body of a deceased individual that is in any stage of decomposition or has been cremated.
D. “Lot” means a single grave lot platted in accordance with Section VI, whether or not occupied by a grave.
E. “Outer burial container” means any container that is placed or intended to be placed into the burial excavation of a grave and into which a casket is placed or intended to be placed at the time of burial.
F. “Sexton” means a town employee or independent contractor employed or retained by the town board to administer, repair, maintain, manage, and operate a town cemetery or any part of the operations of a town cemetery consistent with this ordinance. In the event no person is specifically designated as “sexton” by the town board, “sexton” means any person or committee designated to act administratively and to manage, operate, maintain, and provide care for the town cemetery or any part of the operations or of any town cemetery pursuant to this ordinance.
G. “Town” means the Town of ________, ________, County, Wisconsin.
H. “Town board” means the board of supervisors for the Town of ________, ________ County, Wisconsin, and includes designees of the board authorized to act for the board.
I.
“Town cemetery” means a municipal cemetery owned, operated, and maintained by the Town of ________, ________ County, Wisconsin, under
s. 157.50, Wis. stats., that is located within the town.
J. “Town chair” means the chairperson of the Town of ________, ________ County, Wisconsin.
K. “Town clerk” means the clerk of the Town of ________, ________ County, Wisconsin.
L. “Town treasurer” means the treasurer of the Town of ________, ________ County, Wisconsin.
M. “Wis. stats.” means the Wisconsin Statutes, including successor provisions to cited statutes.
SECTION V - SUBDIVISION AND NUMBERING OF THIS ORDINANCE
This ordinance is divided into sections designated by uppercase Roman numerals. Sections may be divided into subsections designated by uppercase letters. Subsections may be divided into paragraphs designated by numbers. Paragraphs may be divided into subdivisions designated by lowercase letters. Subdivisions may be divided into subdivision paragraphs designated by lowercase Roman numerals. Reference to a “section,” “subsection,” “paragraph,” or “subdivision” includes all divisions of the referenced section, subsection, paragraph, or subdivision.
SECTION VI - STATEMENT OF POLICY
Every town cemetery is owned, operated, directly controlled, and maintained by the town for the benefit of all citizens. Persons of all denominations of all religions, sexes, creeds, and races, shall be allowed to be buried in a town cemetery. This ordinance, adopted pursuant to
s. 157.50 (2), Wis. stats., governs the construction, management, administration, platting, maintenance, and operation of any town cemetery and of any new cemetery or expanded cemetery of any other type in the town, including cemeteries operated by associations, religious orders and societies, and privately owned, controlled, operated, and maintained cemeteries.
SECTION VII - NEW BURIALS, CEMETERIES, AND CEMETERY LOTS AND NEW OR EXPANDED CEMETERY OPERATIONS
A.
Platting. Before any new block of any existing town cemetery or any other new or expanded cemetery in the town is opened for the sale of cemetery lots for burial of human remains after the effective date of this ordinance, the town board or the sexton for a town cemetery and any person or agent for any other cemetery in the town that is subject to
s. 157.065, Wis. stats., shall cause the blocks and lots to be platted and recorded in the Office of the Register of Deeds for ________ County, Wisconsin, in accordance with
s. 157.065, Wis. stats.
B. Single grave section. The town board or the sexton shall designate, for any town cemetery, certain lots as a single grave section, and the lots within each grave section shall be platted and sold as single-grave lots. Unused portions of grave sections repossessed under chapter 157, Wis. stats., for nonpayment of assessments for care shall likewise be designated and sold as single-grave lots.
C. Purchase of new lands. The town board or the sexton shall not purchase any land for cemetery purposes without approval of the electors of the town at a regular or special town meeting.
D. New or expanded cemeteries. 1. No person or authorized agent of any cemetery may conduct any burial, or construct, manage, plat, or operate any new or expanded cemetery of any type in the town, after the date of adoption of this ordinance, without written permit approval of the town board. Approval, approval on condition, or denial of a permit shall only be made after a public hearing with a class 2 notice under
chapter 985, Wis. stats. Any new or expanded cemetery to be approved by the town board shall be, at minimum, properly platted and filed with the town clerk and recorded in the Office of the Register of Deeds for ________ County, Wisconsin. No cemetery shall be located, established, or dedicated contrary to
s. 157.065 or
157.128, Wis. stats. The minimum cemetery acreage must be at least _____ contiguous acres at platting dedication. No cemetery shall be located, established, or dedicated in violation of a town, county, or other zoning ordinance. The town board may require that the following criteria be met for approvals of permits: [list].
2. After the date of adoption of this ordinance, any place in the town where human remains are buried on private or public land without written permit approval of the town board and not timely removed within _____ [state time limit] days after receipt of written notice from the town board to remove said remains is declared to be a public nuisance. In addition to commencing an action for penalties as provided in this ordinance, the town may take action to abate the nuisance and recover its costs of doing so, as provided in the town Public Nuisance Ordinance.** This paragraph does not apply to any established cemetery or burial site grounds approved, owned, and operated in accordance with chapter 157, Wis. stats., and this ordinance.
SECTION VIII - PURCHASE OF LOTS IN TOWN CEMETERY
A. Price of lots. The town board shall from time to time by resolution fix a price on all lots to be sold for burials in any town cemetery.
B. Sales of lots. 1. Persons, or their authorized agents, desiring to purchase a lot in any town cemetery for burial are referred to the town board, town clerk, or sexton. The town board, town clerk, or sexton shall have available suitable plats showing size and price of lots, and any other information that may be required, and render assistance to those desiring to make lot purchases. The town board, town clerk, or sexton shall issue a lot order for a selected lot to the prospective purchaser, or his or her agent, who shall present the order at the office of the town clerk. Upon receipt of proper payment to the town treasurer, the town chair and town clerk shall issue a cemetery lot deed to the lot in the form prescribed by the town attorney. The original deed from the town and the records of the cemetery kept by the town clerk or other designee of the town board are the only evidence of title to any lot. The deed shall be signed by the town clerk and town chair or other persons so designated by the town board and sealed and acknowledged so as to entitle the purchaser to record the deed with the Register of Deeds for ________ County, Wisconsin.
2.
Persons conveying any cemetery lot in any town cemetery shall comply with
s. 157.08, Wis. stats., and this ordinance.
SECTION IX - OWNERSHIP RIGHTS OF BURIAL IN TOWN CEMETERY
A. Ownership conditions. 1. The owner of a town cemetery lot, or his or her authorized agent, shall have the right to use a lot or portion of a lot for burial purposes only in accordance with the terms of this ordinance or any town cemetery bylaws and regulations.
2. Upon full payment by any person of the purchase price of a town cemetery lot, the town clerk and town chair shall issue a cemetery lot deed, under seal, as provided in Section VIII, subsection B., and a copy of the deed shall be filed in the records of the town as evidence of ownership of the lot. Lots for which lot deeds have been issued by the town may not be subdivided except by consent in writing of the town board.
3. All repossessed vacant lots in any town cemetery when resold are subject to the same fees and charges as other unoccupied lots.
