6. Any parking, storage, or other keeping of any agricultural use vehicles in the open on private lands in the town that is in conformity with local zoning and land use regulation by the owner or leaseholder of the land, if the vehicles are and can be used by the owner or leaseholder, without repair, for normal agricultural use in the town is exempt from the provisions of Section VI, subsection O, applicable to junked vehicles, junked machinery, junked appliances, or junked equipment and parts thereof. Notwithstanding anything contained in this paragraph, storage of inoperable junk or other unrepaired agricultural use vehicles on private property of any person for more than _____ [state time limit] in the open shall be deemed a violation of Section VI, subsection O, unless the storage is at a commercial implement repair location where the equipment or implements can and will be timely repaired and removed from the premise.
B. Permits. 1. Upon proper and timely application by an owner or occupant of the premises in the town to the town clerk for a permit, and after a public hearing held by the town board, the town board may permit on public or private lands in the town, with or without conditions and restrictions, any of the following:
a. The storage in the open on private premises of vehicles, structures, machinery, appliances, or equipment in the town that are subject to Section VI.
b. The maintenance of buildings, structures, or dwellings in the town that are subject to Section VI.
c. The storage, disposal, treatment, or discharge of items, waste, and materials in the town that are subject to Section VI.
2. A permit under this subsection B may be issued by the town board regardless of the ownership or possession rights to the vehicles, implements, machinery, structures, equipment, appliances, buildings, structures, dwellings, items, waste, or materials to be stored, maintained, disposed, treated, or discharged.
3. The applicant shall be notified of the public hearing required under paragraph 1 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 applicant noted on the application.
4. The permit shall be for a specific location, may be established for a term of months or years, and may be reissued upon application by the permit holder if the permit holder is in full compliance with this ordinance and with the permit conditions and restrictions as issued.
5. The conditions and restrictions, if any, in the permit established by the town board for any permitted storage, maintenance, disposal, treatment, or discharge shall be reasonable restrictions and conditions to protect the public health, safety, and welfare of persons within the town and to limit or negate potential public nuisances caused by the permitted storage, maintenance, disposal, treatment, or discharge. The conditions and restrictions shall be stated in writing and attached to the written permit upon issuance by the town board.
6. The owner or occupant of the permitted premises is responsible for compliance with the conditions and restrictions in the permit issued regardless of whether the owner or occupant of the premises has any legal or equitable interest in the vehicles, structures, machinery, appliances, or equipment subject to the permit.
SECTION XI – ABATEMENT OF PUBLIC NUISANCES/PERMIT REVOCATION
A. Inspection of Premises. 1. Whenever a complaint is made to the town board, town clerk, town chair, or any appropriate town committee or agent that a public nuisance under this ordinance or a violation of a permit issued under this ordinance exists within the town, the town chair, town committee, or other agents of the town board shall promptly inspect or cause to be inspected the premises complained of and shall make a written report of its findings to the town board, which report shall thereafter be filed with the town clerk and kept of record in the office of the town clerk. Whenever practicable, the town chair, town committee, or other agents of the town board shall cause photographs to be made of the premises for inclusion in the written report to the town board.
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 ch. 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 169.43: Harmful and exotic wild animal ordinance as an alternative to this provision regarding exotic animals.
Note: This form is complementary to 175.25: Junked vehicle ordinance, and it is suggested that towns adopt both.
The following statutes affect this form: s. 60.23 (10), Wis. stats. STATE OF WISCONSIN
Town of ________
________ County
SECTION I – TITLE AND PURPOSE
This ordinance is entitled the Town of ________ Amusement Center License ordinance. The purpose of this ordinance is for the Town of ________ to regulate by license and penalty the installation and maintenance of certain amusement devices in the Town of ________.
SECTION II – AUTHORITY
The Town Board of the Town of ________, ________ County, Wisconsin, has the specific authority under s. 60.23 (10), 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, and permits the construction or installation, of certain amusement devices in the Town of ________.
SECTION IV – COVERAGE
No person in the Town of ________ shall maintain billiards tables, pool tables, bowling alleys, or other amusement devices, including pinball machines and video games, on commercial premises or facilities in the Town of ________ without obtaining an amusement center license from the Town of ________. The application fees shall be established annually on resolution by the Town Board of the Town of ________ prior to ________ ___. The license shall be issued from July 1 of the year of issuance to June 30 of the next year. The license shall be issued by the town clerk of the Town of ________ prior to the amusement devices being used and operated by any person on commercial premises in the Town of ________ or prior to the amusement devices being used or operated for commercial or business purposes at any other premises in the Town of ________.
SECTION V – APPLICATION/LICENSE
The application for amusement center license and the amusement center license shall designate the commercial premises or facilities where the amusement devices are located. The amusement center license may be amended without charge if the licensee changes premises in the Town of ________. However, the amusement center license is not transferable from one person to another. The application shall include all of the following:
A. The name of the applicant.
B. The address of the applicant.
C. The residential and business telephone number of the applicant, if any.
D. The age of the applicant.
E. The name and address of the owner of the amusement devices, if different from the applicant.
F. The type and number of amusement devices.
SECTION VI – EXEMPTIONS
The following uses, activities, or locations are exempt from this licensing requirement:
A. Commercial premises or facilities with less than ____ amusement devices located on the premises or facilities.
B. Gambling or gaming devices that are illegal to operate in Wisconsin.
SECTION VII – SPECIFIC ORDINANCE/LICENSE PROVISIONS
A. The person subject to this ordinance shall comply with s. 60.23, Wis. stats., and this ordinance. B. No person may be issued or reissued an amusement center license in the Town of ________ until the appropriate fee has been paid to the town clerk of the Town of ________.
C. No person may be issued or reissued an amusement center license in the Town of ________ who has failed to properly and fully complete and submit to the town clerk of the Town of ________ the application form as developed and provided by the Town of ________.
D. No person may be issued or reissued an amusement center license in the Town of ________ until that person owns or has leased a commercial or other premises or facility in the Town of ________ to keep the amusement devices.
SECTION VIII – PENALTY PROVISIONS
Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this ordinance shall, upon conviction, pay a forfeiture of not less than $_____ nor more than $_____, plus the applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this ordinance. In addition, the town board may seek injunctive relief from a court of record to enjoin further violations.
SECTION IX – 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 X – EFFECTIVE DATE
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]
The following statutes affect this form: s. 60.23 (30) and chs. 173 and 174, Wis. stats. (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 ________ Dogs Running at Large Ordinance. The purpose of this ordinance is to regulate, by tag and penalty, the care, treatment, and control of dogs in the town.
SECTION II – AUTHORITY
The town board has the authority under its village powers under s. 60.22, Wis. stats., and the specific authority under s. 60.23 (30), and chs. 173 and 174, 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 care, treatment, and control of dogs in the town.
SECTION IV – DEFINITIONS
In this ordinance:
