Town of Cedarburg, WI
Ozaukee County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Cedarburg 1-2-1991 as Title 2, Ch. 3 and Title 4, Ch. 1 of the 1991 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Ethics — See Ch. 40.
Government and elections — See Ch. 48.

§ 78-1 Membership; elections.

A. 
Membership. The Town Board consists of the five Supervisors of the Town of Cedarburg.
B. 
Elections.
(1) 
There shall be elected one Supervisor from the Town at large who shall be designated as the "Chairperson" and whose term shall be for a period of two years.
(2) 
There shall be elected four Supervisors from the Town at large who shall have numbered seats (one through four) and whose term shall be for a period of two years.
[Amended 10-4-2006 by Ord. No. 2006-11; 4-4-2012 by Ord. No. 2012-8]
(3) 
The Town shall elect the Chairperson and Supervisors with odd-numbered seats in odd-numbered years and Supervisors with even-numbered seats in the even-numbered years.
[Amended 4-4-2012 by Ord. No. 2012-8]

§ 78-2 General powers and duties.

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 employees.
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 § 60.10(2)(c), Wis. Stats., and Chapter 48, § 48-2 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. The Town Board shall determine the jurisdiction and duties of the Town Constable, if the office is in existence.
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, following demand, payment is not made, the Board shall pursue appropriate legal action to recover the penalty, forfeiture or damages.

§ 78-3 Miscellaneous powers.

The Town Board may:
A. 
Joint participation. Cooperate with the state, counties and other units of government under § 66.0301, 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 § 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 streetlighting, 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 § 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.
D. 
Town industrial development agency. In order to promote and develop the resources of the Town, 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 § 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 Commerce and private credit development organizations.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
Engage in any other activity necessary for the continued improvement of the Town' industrial climate.
E. 
Cooperation in county planning. Cooperate with the county in rural planning under §§ 27.019, 59.54(4) and (4m) and 59.69, Wis. Stats.
F. 
Conservation of natural resources. If authorized by the Town Meting under § 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. 
Obstructions in non-navigable waters. Remove, at the expense of the Town, any obstruction located in the Town which prevents the natural flow of water in a non-navigable stream. One or more Supervisors, or a designee of the Board, may enter upon any land if necessary to remove the obstruction.
H. 
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 § 60.10(3)(c), Wis. Stats., would result in serious harm to the general welfare of the Town.
I. 
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 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 Town Board.
J. 
Reimbursement of school districts for providing transportation in hazardous areas. Reimburse a school district for costs incurred by the district under § 121.54(9), Wis. Stats., in transporting pupils who reside in the Town.
K. 
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.
L. 
Associations of towns. Appropriate money to purchase membership in any association of town boards for the protection of Town interests and improvement of Town government.
M. 
Vacation of alleys. Vacate any alley in the Town under § 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.
N. 
Cemeteries. Provide for cemeteries under Ch. 157, Wis. Stats.
O. 
Change street names. Name, or change the name of, any street in the Town under § 82.03(7), Wis. Stats.
P. 
Use of firearms. Regulate the use of firearms and impose forfeitures for violation of the regulations.
Q. 
Fences in subdivisions. Require a subdivider to construct a fence under § 90.02, Wis. Stats., on the boundary of a subdivision, as defined under § 236.02(12), Wis. Stats., as a condition of plat approval by the Town. The fence shall be maintained under § 90.05(2), Wis. Stats., and repaired under §§ 90.10 and 90.11.
R. 
Disposition of dead animals. Notwithstanding §§ 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 § 66.0301, Wis. Stats., to provide for the removal and disposition. The Town may recover its costs under this subsection by imposing a special charge under § 66.0627, Wis. Stats.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
S. 
Public works.
(1) 
Without limitation because of enumeration, the Town Board may:
(a) 
Acquire lands. Notwithstanding § 60.10(2)(e), Wis. Stats., acquire lands to lay, construct, alter, extend or repair any highway, street or alley in the Town.
(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 in the Town.
(c) 
Sidewalks. Provide for construction, removal, replacement or repair of sidewalks under § 66.0907, Wis. Stats.
(d) 
Lighting highways. Provide for lighting for highways, as defined under § 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.
(2) 
Payment for public works; special assessments. The Town Board may levy and collect special assessments and charges under §§ 66.0703 and 66.0627, Wis. Stats., and Chapter 10 of this Code to pay for all or part of the cost of any public work or improvement. Special assessments may be paid under Subchapter VII of Ch. 66, Wis. Stats. Reassessments shall be under § 66.0731, Wis. Stats.

§ 78-4 Powers and duties of 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 § 60.13, Wis. Stats., and Chapter 82, Town Meetings, § 82-5 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 § 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 represent, or designate another officer to represent, the Town at meetings of, and hearings before, governmental bodies on matters affecting the Town.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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. The Chairperson shall:[2]
(1) 
Nominate election officials when the Town Board disapproves the nominee of a party committee under § 7.30(4)(b)(2), Wis. Stats.
(2) 
Serve as caucus official under § 8.05(1)(c), Wis. Stats.
(3) 
Sue on official bonds under § 19.015, Wis. Stats.
(4) 
Execute and sign a certificate of indebtedness in connection with obtaining a state trust fund loan under § 24.67, Wis. Stats.
(5) 
Serve as Town Fire Warden under §§ 26.13 and 26.14, Wis. Stats.
(6) 
Appoint members of library boards under §§ 43.54(1)(a) and 43.60(3), Wis. Stats.
(7) 
Exercise the powers and duties specified for a Mayor under § 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 § 61.65(3g)(d)(2), Wis. Stats., or a board of police and fire commissioners under § 60.57, Wis. Stats.
(8) 
Provide an annual estimate of funds necessary for any utility district established under § 66.0827(2), Wis. Stats.
(9) 
Publish annually a notice regarding noxious weeds and appoint one or more Weed Commissioners under § 66.0407, Wis. Stats.
(10) 
Sign general obligation bonds issued by the Town under § 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 § 70.64(5), Wis. Stats.
(12) 
See that all tunnels in the Town are constructed under § 82.37, Wis. Stats., and that they are kept in good repair.
(13) 
If applicable, serve as a member of the County Highway Committee under § 83.015(1)(d), Wis. Stats.
(14) 
If applicable, appoint members to airport commissions under § 114.14(2), Wis. Stats.
(15) 
Under § 167.10, Wis. Stats., enforce regulation of fireworks.
(16) 
Perform the Town Chairperson's duties related to stray animals and lost goods under Ch. 170, Wis. Stats.
(17) 
Perform the Town Chairperson's duties related to distrained animals under Ch. 172, Wis. Stats.
(18) 
Perform the Town Chairperson's duties related to animals that have caused damage in the Town under Ch. 173, Wis. Stats.
(19) 
If applicable, perform the Town Chairperson's duties related to municipal power and water districts under Ch. 198, Wis. Stats.
(20) 
If applicable, cause actions to be commenced for recovery of forfeitures for violations of Town ordinances that can be recovered in Municipal Court under § 778.11, Wis. Stats.
(21) 
If applicable, notify the District Attorney of forfeitures which may not be recovered in Municipal Court under § 778.12, Wis. Stats.
(22) 
Approve bonds furnished by contractors for public works under § 779.14(1), Wis. Stats.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 78-5 Order at meetings; attendance.

[Amended 4-3-2013 by Ord. No. 2013-4]
A. 
The Town Board has power to preserve order at its meetings, compel attendance of Supervisors and punish nonattendance.
B. 
When a Supervisor is prevented from physically attending a meeting because of illness or disability, employment or business purposes, personal or family commitments, or an emergency situation, that Supervisor may make use of a telephonic or other electronic device to attend and participate fully in the meeting.
C. 
Upon a request made by a Supervisor to attend a meeting remotely by a telephonic or other electronic device, Town administrative staff shall set up the speakerphone prior to the meeting to ensure that a Supervisor who is not physically present can hear and be heard by those present in the meeting room.

§ 78-6 Regular meetings.

[Amended 12-5-2001 by Ord. No. 2001-23]
Regular meetings of the Town Board shall be held on the first Wednesday of every month at 7:00 p.m., local time. Any regular meeting falling on a legal holiday shall be held the next following Wednesday at the same time and place. All meetings of the Board shall be held at the Town Hall of the Town of Cedarburg unless specified otherwise in the minutes of the preceding meeting or by written notice posted at the regular meeting place at least three hours prior to any meeting. All five Supervisors must consent to any change in the place of any meeting of the Board.

§ 78-7 Special meetings.

Special meetings may be called by the Chairperson or his designee by notifying the Clerk no less than 24 hours prior to the specific time of meeting or by any two Supervisors by notifying the Clerk no less than 72 hours prior to the specified time of the meeting. The Clerk shall immediately notify all Supervisors of the time and place of the meeting and shall cause public notice to be posted in at least three public places likely to give notice to persons affected no less than six hours prior to the time specified for the meeting.

§ 78-8 Open meetings.

All Town Board and Town committee meetings shall be open to the public and be in compliance with Wisconsin's Open Meeting Law.[1]
[1]
Editor's Note: See §§ 19.81 to 19.98, Wis. Stats.

§ 78-9 Quorum.

A majority of the Supervisors shall constitute a quorum, but a lesser number may adjourn if a majority is not present.

§ 78-10 Presiding officer.

The Chairperson shall preside at all meetings of the Town Board when present. In his absence, the Town Board may select another Supervisor to preside, and in such case the Clerk shall call the meeting to order and preside until the Town Board selects a Supervisor to preside.

§ 78-11 Order of business; agenda; roll call.

A. 
Order of business. At all meetings, the following order may be observed in conducting the business of the Town Board:
(1) 
Call to order by presiding officer.
(2) 
Roll call.
(3) 
Reading and correcting the minutes of the last preceding meeting or meetings.
(4) 
Presentation of bills, statements and vouchers.
(5) 
Presentation of petitions, memorials, remonstrances and communications.
(6) 
Reports of standing or special committees.
(7) 
Reports from officials of the Town.
(8) 
Unfinished business remaining from preceding sessions in the order in which it was introduced.
(9) 
New business; ordinances and resolutions may be introduced and considered.
(10) 
Business may be presented by the Chairperson and Supervisors.
(11) 
Miscellaneous.
(12) 
Adjournment.
B. 
Agenda preparation. The Town Administrator shall prepare an agenda incorporating the matters comprising the order of business, and there shall be included on said agenda a time for hearing citizens wishing to address the Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Order to be followed; citizen comments. No business shall be taken up out of order unless by unanimous consent of all Supervisors and in the absence of any debate whatsoever. The Chairperson or presiding officer may impose a time limit on the length of time citizens may address the Board.
D. 
Roll call; procedure when quorum not in attendance. As soon as the Board shall be called to order, the Clerk shall proceed to call the names of the members in alphabetical order, noting who is present and who is 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 on the journal and the Board may adjourn.

§ 78-12 Ordinances and resolutions; disposition of communications.

A. 
Ordinances, resolutions, etc., to be in writing. All ordinances, resolutions or other communications submitted to the Board shall be in writing. All ordinances shall be read at least once before their final passage if requested by a member of the Town Board or requested by a Town resident at the meeting when the ordinance is being considered.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Subject and numbering of ordinances. Each ordinance shall be related to no more than one 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 the 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 or resolution only if it appears on the written agenda for the meeting at which action is requested in order to provide proper legal notice.
(2) 
Resolutions or ordinances will be placed on the agenda for Board action only if they are submitted to the Town Administrator in written form a minimum of seven days prior to the meeting at which action is requested.
D. 
Disposition of petitions, communication, etc. Every petition or other writing of any kind, addressed to the Board, Administrator, Clerk or other Town officer for reference to the Town Board, shall be delivered by the Administrator, Clerk or such other Town officer to the Chairperson or to the presiding officer of the Board as soon as convenient after receipt of the same and, in any event, prior to or at the opening of the next meeting of the Board following the receipt of the same.

§ 78-13 Standing committees; action on committee reports.

A. 
Managing Supervisors. At the first regular meeting of the Town Board in each year following the spring election, the Chairperson may establish standing committees and appoint Supervisors to the same, subject to Board confirmation, to make whatever recommendations to the Board as they deem appropriate or as may be directed by the Board. Present standing committees are:
(1) 
Highway Committee (entire Board sitting as committee of the whole).
(2) 
Personnel Committee (three Supervisors).
(3) 
Finance Committee (three Supervisors).
B. 
Committee appointments.
(1) 
Each Supervisor shall serve as appointed unless excused by a majority of the members of the Board.
(2) 
The Chairperson may declare the entire Town Board a committee of the whole for informal discussion at any meeting or for any other purpose and shall ex officio be Chairperson of the same.
(3) 
The Chairperson may, from time to time, appoint such special committee or committees as he may deem advisable or as provided for by motion or resolution stating the number of members and object thereof to perform such duties as may be assigned to them.
C. 
Reference and reports.
(1) 
The Town Board shall refer new business coming before the Town Board to the appropriate committee of managing Supervisors, unless otherwise referred or disposed of by motion of the Board.
(2) 
Resolutions, ordinances and formal committee or managing Supervisors' recommendations involving Town policy will be placed on the agenda for a Board action only if they are submitted to the Town Administrator in written form a minimum of seven days prior to the meeting at which action is requested.
D. 
Cooperation of Town officers. All Town officers shall, upon request of the managing Supervisors, confer with the committee and supply to it such information as may be requested in connection with any matter pending before the committee and/or managing Supervisors.

§ 78-14 Conduct of deliberations.

A. 
A roll call shall not be necessary on any questions or motions except as follows:
(1) 
When the ayes and noes are requested by any member.
(2) 
On confirmation and on the adoption of any measure assessing or levying taxes, appropriating or disbursing money, or creating any liability or charge against the Town or any fund thereof.
(3) 
When requested by the State Statutes of Wisconsin.
B. 
All aye and nay votes shall be recorded in the official minutes.
C. 
Except as provided below, the Town Board shall, in all other respects, determine the rules of its procedure, which shall be governed by Robert's Rules of Order, as most recently amended, which is hereby incorporated by reference, unless otherwise provided by ordinance or statute, except when otherwise limited or modified by this Code:
[Amended 10-4-2006 by Ord. No. 2006-11]
(1) 
No Supervisor shall address the Board until he has been recognized by the presiding officer. He shall thereupon address himself to the Chairperson and confine his remarks to the question under discussion and avoid all personalities.
(2) 
When two or more members simultaneously seek recognition, the presiding officer shall name the member who is to speak first.
(3) 
No person other than a member shall address the Board except under order of business, except that citizens may address the Board with the permission of the presiding officer as to matters which are being considered by the Board at the time.
(4) 
No motion shall be discussed or acted upon unless and until it has been seconded. No motion shall be withdrawn or amended without the consent of the person making the same and the person seconding it.

§ 78-15 Public hearings.

In connection with any public hearings held by the Town Board, the Plan Commission, Zoning Board of Appeals, or any other board or committee of the Town, the following rules and procedure shall govern the conduct of the hearing:
A. 
The Chairperson shall state the nature of the hearing, including its purpose, and if held in connection with a petition presented, the Chairperson shall read the petition in its entirety, except only the legal description in case said petition is for rezoning or zoning, and in lieu of reading the description shall state generally the location on the property involved.
B. 
The Chairperson shall then 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.
C. 
Each person speaking on behalf of the proposition shall be limited in time to five minutes.
D. 
The Chairperson shall then call on those persons who wish to oppose the proposition.
E. 
Each such person wishing to speak in opposition to the proposition shall give his or her name and address and shall also be limited to five minutes.
F. 
Any person wishing to speak in rebuttal to any statements made may, with the permission of the Chairperson, do so; provided, however, that such rebuttal statement shall be limited to three minutes by any one individual.
G. 
When the Chairperson in his discretion is satisfied that the proposition has been heard, he shall announce the fact that the hearing is concluded.

§ 78-16 Reconsideration of questions.

It shall be in order for any member, if in the majority, to move for the reconsideration of any vote in question at the same meeting or at the next succeeding regular meeting. A motion to reconsider being put and lost shall not be renewed.

§ 78-17 Call for the previous question.

Any member desirous of terminating the debate may call the previous question, when the question announced by the Chairperson shall be "shall the main question be put?" If a majority of the members present vote in the affirmative, the main question shall be put to a vote without further debate, and its effect shall be to put an end to all debate and bring the Board to a direct vote, first upon the pending amendment and then upon the main question.

§ 78-18 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 one public place likely to give notice to persons affected and placed electronically on an Internet site maintained by the municipality, the following, within one week after passage or adoption:
[Amended 12-2-2015 by Ord. No. 2015-13]
(1) 
Resolutions, motions and other actions adopted by the Town Meeting, or in the exercise of powers under § 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 or state law 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 Town 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.

§ 78-19 Amendment of rules.

The rules of this chapter shall not be rescinded or amended unless the proposed amendment or motion to rescind has laid over from a regular meeting, and then it shall require a vote of 2/3 of all the members of the Board.

§ 78-20 Suspension of rules.

Any of the provisions of §§ 78-14 through 78-17, inclusive, of this chapter may be suspended temporarily by a majority of the Board members present at any meeting.