2.
If the person subject to complaint holds a current permit under this ordinance, or any Town Building Permit or Junked Vehicle Permit issued under
s. 175.25, Wis. stats., and the town's village powers under
s. 60.22, Wis. stats., the town chair, the town committee or other agents of the town board may immediately request the town board to hold a public hearing to consider suspension or revocation of the permit for refusal to comply with the permit conditions and this ordinance. The town board shall hold a public hearing prior to taking any action to revoke or suspend a permit. The permit holder shall be notified of the public hearing at least 20 days before the public hearing by the mailing by U.S. mail of a First Class notice letter to the last known address of the permit holder noted on the permit or permit application.
3. The town board may, in the alternative to revocation, suspend any issued permit for a period up to 6 months. Any revocation shall be for a period in excess of 6 months and no reapplication can be received or acted upon by the town board for the premises or for the owner or occupant of the premises for any activity, use, or item prohibited by or requiring a permit under this ordinance during the revocation period.
4. For any decision regarding the revocation or suspension of any permit, the town board shall determine and state the reason or reasons for any revocation, nonrevocation, or suspension of the permit based on the lack of compliance with the permit conditions and this ordinance by the permit holder or by any employees or agents of the permit holder. The reason or reasons for the decision shall be stated in writing and sent to the permit holder within 10 days after the decision by the town board by mailing by U.S. mail of a First Class letter to the last known address of the permit holder noted on the permit or permit application.
B. Owner of Premises Responsibility. Any owner or occupant of land in the town is responsible for compliance with this ordinance on the owner's or occupant's land regardless of ownership of and responsibility for the uses, activities, or things located on the land that are subject to this ordinance.
C. Summary Abatement. 1. Notice to Owner. If the town chair, town committee, or other agents of the town board determine, by written notice to the town board, that a public nuisance exists under this ordinance within the town on private or public land and that there is great, immediate, and substantial danger or threat to the public health or safety, the town board, town chair, town committee, or other agents of the town board shall serve a written order upon the person who is causing, permitting, or maintaining the public nuisance, and the owner or occupant of the premises where the public nuisance is caused, permitted, or maintained. If immediate personal service cannot be made, one copy of the written notice shall be posted on the premises in a location likely to attract the attention of the owner or occupant of the premises or the person who is causing, permitting, or maintaining the public nuisance, and one copy of the notice shall be served by mailing by U.S. mail of a First Class letter to the last known address for the owner or occupant of the premises. The order notice shall direct the owner or occupant to remove the public nuisance within 24 hours and shall state that unless the public nuisance is so timely abated, the town may cause, due to the emergency conditions, the public nuisance to be abated and shall charge the costs of abatement to the owner, occupant, or person causing, permitting, or maintaining the public nuisance.
2. Abatement by town. If the public nuisance is not abated within the time provided in the notice under paragraph 1 or if the owner, occupant, or person causing the public nuisance, if known, cannot be found, the town chair, the town committee, or other agents of the town board, with approval of the town board, shall cause the abatement or removal of the public nuisance by immediately seeking for the town a court order that allows for the immediate enjoinment and abatement of the public nuisance.
D. Abatement By Court Action. If the town board determines that a public nuisance exists on public or private premises but that the nature of the nuisance does not threaten great, immediate, and substantial danger to the public health or safety, the town board shall file a written report or its resolution of its findings with the town clerk who shall, after approval and filing of the report or resolution by the town board, take one or more of the following actions, as directed by the town board:
1. Issue and serve a written order to cease and desist the public nuisance upon the person causing, permitting, or maintaining the public nuisance and the owner or occupant of the premises where the public nuisance is located.
2. Issue and serve a citation for violation of this ordinance upon the person causing, permitting, or maintaining the public nuisance and the owner or occupant of the premises where the public nuisance is located.
3. Cause the town attorney to draft a formal civil complaint to be filed and served upon the alleged violators based upon an alleged violation of this ordinance or the conditions of any permit as issued or have drafted by the town attorney to be filed and served a formal complaint for abatement of the public nuisance under chapter 823, Wis. stats.
E. Other Methods Not Excluded. Nothing in this ordinance may be construed as prohibiting the injunction and abatement of public nuisances against any person, including against a permit holder that holds a current and valid permit issued by the town under this ordinance, by the town or its officials in accordance with the laws of the State of Wisconsin or this ordinance.
SECTION XII – COSTS OF ABATEMENT OR DISPOSAL
In addition to any other penalty imposed by this ordinance for the erection, contrivance, creation, continuance, or maintenance of a public nuisance and violation of this ordinance, the cost of abatement of any public nuisance by the town may be collected under this ordinance or
s. 823.06, Wis. stats., as a debt or expense from the owner or occupant of the real property for causing, permitting, or maintaining the public nuisance. If notice to abate the nuisance has been given to the owner or occupant previously, the cost of abatement may be assessed against the real property for services rendered and incurred by the town to enjoin or abate the public nuisance as a special charge under
s. 66.0627, Wis. stats., unless paid earlier. If any vehicle, structure, equipment, implement, or appliance is abandoned or remains unclaimed in violation of this ordinance, the town board may proceed to declare this personal property abandoned and proceed to dispose of this personal property under
s. 66.0139, Wis. stats., by public auction or other means as determined in writing by the town board.
SECTION XIII – ENFORCEMENT PROVISIONS
A. Penalties. 1. 1st Offense. Any person who violates this ordinance shall, upon conviction, forfeit not less than $20 nor more than $500 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 the forfeiture and costs are paid, but not exceeding 90 days.
2. Second and Subsequent Offenses; Penalty. Any person guilty of violating this ordinance or any person who has previously been convicted of a violation of this ordinance shall, upon conviction, forfeit not less than $100 nor more than $1,000 for each offense, 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 the forfeiture and costs of prosecution are paid, but not exceeding 6 months.
B. Separate Violations. Each day of violation of this ordinance constitutes a separate offense.
SECTION XIV – SEVERABILITY
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION XV – EFFECTIVE DATE
This ordinance is effective on publication or posting.
The town clerk shall properly 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]
Note: Towns may wish to adopt the following ordinance as an alternative to this provision regarding exotic animals.
Note: This form is complementary to the following form and it is suggested that towns adopt both:
STATE OF WISCONSIN
Town of ________
________ County
SECTION I - TITLE AND PURPOSE
The title of this ordinance is the Town of ________ Town Buildings Firearms Ordinance. The purpose of this ordinance is to prohibit the carrying of firearms within buildings that are owned, occupied, or controlled by the town.
SECTION II - AUTHORITY
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, prohibits the carrying of firearms within buildings that are owned, occupied, or controlled by the town and provides penalties, as provided in Section V.
SECTION IV - 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 SECTION V - CARRYING FIREARMS IN TOWN BUILDINGS PROHIBITED
A. In this section, “carry” means to go armed with.
B. 1. Except as provided in paragraph 2, the carrying of firearms of in any part of any building owned, occupied, or controlled by the town, excluding any building or portion of a building under
s. 175.60 (16) (a), Wis. stats., is prohibited.
* The town shall provide notice to all actors not to enter or remain in the building while carrying a firearm as provided in paragraph 2.
2. The town clerk shall post and maintain in a prominent place near each the entrances to the part of each building to which the prohibition under paragraph 1 applies, a sign that is at least ____ inches by _____ inches** that states: “Entering or remaining in this building while carrying a firearm is a violation of state law and the Town of ______ Town Buildings Firearms Ordinance. Violators may be prosecuted.” If only a part of a building is subject to the prohibition in paragraph 1, the sign shall be modified so as to notify a reader that the carrying of a firearm within the applicable part of the building is prohibited. All signs shall be posted and maintained so that any individual entering the building can be reasonably expected to see the sign.
3. This subsection does not apply to a person who leases residential or business premises in the building or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the building used as a parking facility.
C.
No person may, while carrying a firearm, enter or remain in any part of a building that is owned, occupied, or controlled by the town, excluding any building or portion of a building under s.
175.60 (16) (a), if the town has notified the actor not to enter or remain in the building while carrying a firearm. This subsection does not apply to a person who leases residential or business premises in the building or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the building used as a parking facility.
SECTION VI - ENFORCEMENT
This ordinance may be enforced by any law enforcement officer authorized to enforce the laws of the state of Wisconsin and additionally as may be stated in a Town citation authority ordinance adopted per
s. 66.0113, Wis. stats.
SECTION VII - PENALTIES
The penalties under s.
943.13 (1m), Wis. Stats, are adopted by reference.
SECTION VIII - SEVERABILITY
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION XV – EFFECTIVE DATE
This ordinance is effective on publication or posting.
The town clerk shall properly 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]
Note: This form may be adapted to prohibit the carrying of only certain types of firearms and to apply to only specified town buildings or parts of town buildings, as allowed by
s. 943.13
, Wis. stats.
This form incorporates the language of
s. 943.13, Wis. stats., as close as possible. Section
943.13 does not apply to weapons other than firearms. Except to incorporate amendments to s.
943.13, alteration is not suggested. Under
s. 943.13 (1e) (aL)
, Wis. stats., “`Carry' has the meaning given in s.
175.60 (1) (ag).” Under
s. 175.60 (1) (ag), Wis. stats., “`Carry' means to go armed with,” and that definition is incorporated in this form.
Note:
Section 943.13 (2) (bm) 1., Wis. stats., requires the sign to be at least 5 inches by 7 inches.
STATE OF WISCONSIN
Town of ________
________ County
________ ________, being duly sworn, states that [he or she] is the clerk of the Town of ________, ________ County, Wisconsin; that on ________ ___, 20__, [he or she] posted notices of ________________ [specifically describe the notice posted], a copy of which is annexed and made part hereof, in 3 of the most public places in the town, to wit: [state the several places].
[Signature of town clerk]
Subscribed and sworn to before me this ____ day of _____________, 20___.
[Signature of officer administering oath]
Filed in my office ________ ___, 20__.
Recorded in the town bond record book on page ________, on ________ ___, 20__.
[Signature of town clerk]
Note: If the notice was published in a local newspaper, obtain and file and record the printer's affidavit of publication of the notice. See
s. 985.12, Wis. stats.
APPENDIX I
The Internet form should be printed directly from the Internet and not pasted into a word processing document.
