The town board has the specific authority to adopt this Snowmobile Route Ordinance under
s. 350.18, Wis. stats. [and if applicable, and general authority under its village powers under
s. 60.22, Wis. stats.]
SECTION III - 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 IV - AUTHORIZATION AND CONDITIONS
A. In this section “highways within the town” means [select one all highways within the town, [select one except/including state and county highways
or all of the following designated highways [and parts of highways if applicable] in the town:
1. specifically list and describe highways here]
C. Residents of the town and their guests and registered guests of lodging establishments in the town are authorized to operate snowmobiles on highways within the town that are not not designated as snowmobile routes for the sole purpose of accessing the snowmobile route or snowmobile trail nearest the resident's residence or registered guest's place of lodging by way of the shortest available route from the residence or lodging establishment to the nearest snowmobile route or trail.
C. A person operating a snowmobile on highways within the town as authorized in subsection B may operate the snowmobile [select one upon the roadway and shoulder of the highway or only upon the shoulder of the highway].
D. A person operating a snowmobile on highways within the town as authorized in subsection B shall do all of the following [as applicable]:
1. Observe speed limits applicable to the travelled highway.
2. Operate the snowmobile on the extreme right side of the roadway and travel with the flow of traffic.
3. Not operate the snowmobile abreast of another snowmobile or other vehicle travelling in the same direction except when being overtaken and passed by another vehicle. When riding with more than one snowmobiler, the snowmobiles shall be operated in single file and passing is not permitted.
4. Operate the snowmobile's headlight and taillight at all times.
5. Any other conditions.
E. Except as provided in this section, no person may operate a snowmobile on highways within this town, except as provided in chapter 350, Wis. stats., which is adopted and incorporated by reference.*
SECTION V - ENFORCEMENT
This ordinance may be enforced by any law enforcement officer authorized to enforce the laws of the state of Wisconsin.
SECTION VI - PENALTIES
The penalties under
s. 350.11, Wis. stats., are adopted and incorporated by reference.
SECTION VII - 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 VIII - 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., and mail a copy to the State of Wisconsin Department of Natural Resources and to the _____________________ [all law enforcement agencies exercising jurisdiction in the town], as required under s.
350.047, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: This form is complementary to the 350.18 * Snowmobile Routes Ordinance and towns may wish to adapt both or Section IV of this form may be adapted for inclusion as part of a Snowmobile Routes Ordinance. See:
STATE OF WISCONSIN
Town of ________
________ County
I, ________ ________, treasurer for the Town of ________, ________ County, Wisconsin, have during the year 20__ collected forfeitures from municipal judges of the Town of ________, as set forth below:
Dated this ______ day of ________, 20__.
[Signature of town treasurer]
STATE OF WISCONSIN,
________ County.
________ ________, being duly sworn, says that [he or she] is the treasurer of the Town of ________, ________ County, Wisconsin, and has made and signed the foregoing statement, and that the same is correct.
[Signature of town treasurer]
Subscribed and sworn to before me this ____ of ________, 20__.
[Signature and title of officer]
(ONLY for use by towns authorized to exercise VILLAGE POWERS under s.
60.22.)
STATE OF WISCONSIN
Town of ________
________ County
SECTION I – TITLE AND PURPOSE
The title of this ordinance is the Town of ________ Public Nuisance Ordinance. The purpose of this ordinance is to regulate for public health and safety reasons public nuisances and certain uses and activities in the town.
SECTION II – AUTHORITY
The town board has the specific authority under
ss. 29.038,
66.0407,
66.0413,
125.14,
169.01, and
175.25, and
chapter 823, 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 storage, treatment, disposal, and discharge of certain junk and of other items, uses, and activities in the town.
SECTION IV – DEFINITIONS
A.
“Agricultural use” means any beekeeping, commercial feed lots, dairying, egg production, floriculture, fish or fur farming, forest and game management, grazing, livestock raising, orchards, plant greenhouses and nurseries, poultry raising, raising of grain, grass, mint, and seed crops, raising of fruits, nuts, and berries, sod farming, placing land in federal programs in return for payments in kind, owning land, at least 35 acres of which is enrolled in the conservation reserve program under
16 USC 3831 to
3835, participating in the milk production termination program under
7 USC 1446 (d), and vegetable raising.
B. “Appliance” means any household or office device, instrument, utensil, apparatus, or machine that utilizes power, including, but not limited to, any stove, clothes washer or dryer, refrigerator, dish washer, freezer, water heater, water pump, furnace, television set, home entertainment device, computer or peripheral device, or other home or office electronic device.
C. “Building” includes any building or structure or any portion of a building or structure.
D. “Debris” means any litter, junk, wood, bricks, paper, cement, concrete blocks, or any other unsightly accumulation of items or materials that may tend to depreciate property values in the adjacent or near area, create a blighted condition, present a substantial threat to public health or safety, or create a public nuisance or a public safety or health hazard, except when such items are determined by the town board or town committee or other agent of the town to be stored or housed out of public view and are treated and maintained so as not to be a public nuisance.
E. “Equipment” means goods used or bought for use primarily in a business, including farming and a profession.
F.
“Hazardous waste” means any solid waste identified by the State of Wisconsin, Department of Natural Resources as hazardous under
s. 291.05 (2), Wis. stats.
G. “Junk” means scrap metal, metal alloy, wood, concrete, or synthetic or organic material or any junked, inoperative, unlicensed, or unregistered vehicle, structure, equipment, furniture, appliances, or machinery, or any part thereof. “Junk” includes refuse, used tires, parts of dismantled buildings, agricultural use equipment not in usable condition, parts of agricultural use equipment, and contaminated recyclable material.
H. “Junked” means dismantled for parts or scrapped.
I. “Junked vehicle parts” means parts from a junked vehicle.
J. “Junkyard” means any place that is owned, maintained, operated, or used for storing, keeping, processing, buying, or selling junk. “Junkyard” includes sanitary landfills, refuse dumps, garbage dumps, automobile graveyards, scrap metal processors, auto-wrecking yards, salvage yards, auto-recycling yards, used auto parts yards, and places for temporary storage of automobile bodies or parts awaiting disposal as a normal part of a business operation when the business will continually have like materials located on the premises. “Junkyard” does not include places where litter, trash, and other debris are scattered along or upon a highway or temporary operations and outdoor storage of limited duration.
K. “Local zoning and land use regulation” means any applicable county, town, or extraterritorial zoning, subdivision, land division, platting, official map, building code, building permit, or other ordinance adopted pursuant to general police powers that is applicable in any manner to the use of land.
L. “Machinery” means a structure or assemblage of parts that transmits forces, motion, or energy from one part to another in a predetermined way by electrical, mechanical, or chemical means. “Machinery” does not include a building.
M.
“Motor vehicle dealer” has the meaning given in
s. 218.0101 (23), Wis. stats.
N.
“Motor vehicle salvage dealer” has the meaning given in
s. 218.20 (1r), Wis. stats.
O.
“Not registered,” in reference to “all-terrain vehicles” as defined in
s. 340.01 (2g), Wis. stats., “snowmobiles” as defined in
s. 340.01 (58a), Wis. stats., or “boats” as defined in
s. 29.001 (16), Wis. stats., means those that are required to, but do not have nor bear, required current and valid State of Wisconsin licenses or registrations.
P. “Public nuisance” means a thing, act, occupation, condition, or use of property that continues in the town for such time as to do any of the following:
1. Substantially annoy, injure, or endanger the comfort, health, repose, or safety of the public.
2. In any way render the public insecure in life or in the use of property.
3. Greatly offend the public morals or decency.
4. Unlawfully and substantially interfere with, obstruct, or attempt 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.
Q. “Recyclable material” means material that is suitable for recycling.
R. “Scrap metal processor” means a fixed location at which machinery and equipment are utilized for the processing and manufacturing of iron, steel, or nonferrous metallic scrap into prepared grades and whose principal product is scrap iron, scrap steel, or nonferrous metal scrap for sale for remelting purposes.
S.
“Solid waste” means any garbage, refuse, sludge, ash, paper, wood, metal, glass, cloth, plastic, lumber, concrete, food waste and other organics, boxes, barrels and other containers, tires and other like materials, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and any other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining, agricultural, and community activities, but does not include solids or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under
chapter 283, Wis. stats., source material as defined in
s. 254.31 (1), Wis. stats., special nuclear material as defined in
s. 254.31 (11), Wis. stats., or by-product material as defined in
s. 254.31 (1), Wis. stats.
T. “Solid waste facility” means a facility for solid waste treatment, solid waste storage, or solid waste disposal, and includes commercial, industrial, municipal, state, and federal establishments or operations such as, without limitation because of enumeration, sanitary landfills, dumps, land disposal sites, incinerators, transfer stations, storage facilities, collection and transportation services, and processing, treatment, and recovery facilities. “Solid waste facility” includes the land where the facility is located. “Solid waste facility” does not include any of the following:
1. A facility for the processing of scrap iron, steel, or nonferrous metal using machinery to produce a principal product of scrap metal for sale or use for remelting purposes.
2. A facility that uses machinery to sort, grade, compact, or bale clean wastepaper, fibers, or plastics, not mixed with other solid waste, for sale or use for recycling purposes.
3. An auto junkyard or scrap metal salvage yard.
S. “Town” means the Town of ________, ________ County, Wisconsin.
T. “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, specifically including the town clerk and town chair.
U. “Town chair” means the chairperson of the Town of ________, ________ County, Wisconsin.
V. “Town clerk” means the clerk of the Town of ________, ________ County, Wisconsin.
W. “Town committee” means a committee established by the town board to address and aid in regulation of those uses and activities that may cause public nuisance or public health and safety threats in the town.
X. “Unlicensed” or “unregistered” in reference to vehicles, mobile homes, or manufactured homes means those that are required to be licensed or registered for operation in the state, but do not have nor bear required current and valid State of Wisconsin licenses or registration.
Y. “Vehicle” means every device in, upon, or by which any person or property is or may be transported. “Vehicle” includes, but is not limited to, all of the following:
1.
“Aircraft” as defined in
s. 29.001 (16), Wis. stats.
2.
“All-terrain vehicles” as defined in
s. 340.01 (2g), Wis. stats.
3.
“Antique vehicles” as described in
s. 341.265, Wis. stats.
4.
“Automobiles” as defined in
s. 340.01 (4), Wis. stats.
