[HISTORY: Adopted by the Town Board of the Town of Rome as
Sec. 5.015 of the prior Code. Amendments noted where applicable.]
This chapter shall apply to an incumbent cable operator, as
that term is defined in § 66.0420(2)(L), Wis. Stats. This
chapter shall cease to be effective upon the last date of the term
of said operator's existing franchise agreement.
It is the purpose of this chapter to delineate the rules, regulations,
and requirements for a franchise to construct, maintain, and operate
a cable television system in the Town of Rome, Wisconsin, and to set
forth the obligations and rights of the Town and grantee accompanying
said grant.
A.
The grantee shall construct, operate, and maintain the cable TV system
subject to the supervision of all authorities of the Town who have
jurisdiction in such matters and in strict compliance with all laws
and ordinances.
B.
Notwithstanding any other provisions of this chapter or grantee's
agreement, the grantee shall, at all times, comply with all laws and
regulations of the State of Wisconsin and the federal government or
any administrative agency thereof; provided, however, if any such
state or federal law or regulation shall require the grantee to perform
any service or shall permit the grantee to perform any service in
conflict with the terms of this chapter or of any law or regulation
of the Town, then as soon as possible following knowledge thereof,
the grantee shall notify the Town Board of any conflict believed to
exist between such regulation or law and the laws or ordinances of
the Town or this chapter. If the Town Board determines that a material
provision of this chapter is affected by such subsequent action, the
Town Board shall have the right to modify any of the provisions herein
to such reasonable extent as may be necessary to carry out the full
intent and purpose of this chapter.
C.
The grantee shall be excused from complying with any of the terms
and conditions of this chapter or grantee's agreement by any
failure of the Town upon any one or more occasions to insist upon
or seek compliance with any such terms or conditions.
D.
The captions to sections throughout this chapter are intended solely
to facilitate reading and reference to the sections and provisions
of this chapter. Such captions shall not affect the meaning or interpretation
of this chapter.
Applications for a franchise to construct or operate a cable
television system hereunder shall be filed with the Town Clerk/Treasurer
in accordance with the filing instructions promulgated by the Town
and shall contain the following written information and provisions.
Each application submitted after the effective date of this chapter
shall be accompanied by cash or check in the amount of $250, which
sum shall be the fee required for any franchise granted under this
chapter. In the event that the Town does not grant a franchise, such
sum shall be returned to the applicant:
A.
The name and business address of the applicant, date of application,
and signature of applicant or appropriate corporation officers.
B.
A general description of the applicant's proposed operation, including,
but not limited to, business hours, operating staff, maintenance procedures,
management, and marketing staff complement and procedures and place
of local business office.
C.
A statement of the television and radio services to be provided,
including both off the air and locally originated signals.
D.
A statement setting forth a description of the automated services
proposed as well as a description of the production facilities to
be made available by the grantee for the public, municipal, and educational
channels required to be made available by the SCC regulation.
E.
A statement of the applicant's proposed schedule of charges
to subscribers.
F.
A statement detailing the corporation organization of the applicant,
if any, including the names and addresses of its officers and directors
and the number of shares of stock held by each officer and director.
G.
A current copy of the corporation's annual report filed with
the Wisconsin Secretary of State.
H.
A statement describing all intra-company relationships of the applicant,
including parent, subsidiary or affiliated companies.
I.
Suitable written evidence from a recognized financial institution
addressed to the applicant and to the Town advising that the applicant's
financial ability and planned operation have been analyzed by the
institution and that the financing institution is prepared to make
the required funds available to applicant if it is awarded a franchise
under the terms of this chapter. If the planned operation is to be
internally financed, a certified copy of a corporation board resolution
or written statement of all partners shall be supplied authorizing
procurement and expenditure of such funds as are required to construct,
install, and operate the cable television contemplated hereunder.
J.
A statement of existing franchises held by the applicant indicating
when the franchises were issued and when the systems were constructed
and the present state of the systems in each respective governmental
unit, together with the name and address and phone number of a responsible
governmental official knowledgeable of the applicant.
K.
A statement as to whether the applicant or any of its officers or
directors or holders of 5% or more of its voting stock has in the
past 10 years been convicted of any felony.
L.
A statement detailing the prior cable television experience of the
applicant, including that of the applicant's officers, management,
and staff to be associated with the proposed operation.
M.
The application for franchise shall respond specifically and in sequence
to the sections of this chapter and shall be bound separately from
any additional information filed by the applicant. Two copies of the
application shall be supplied to the Town; supplementary additional
or other information that the applicant deems reasonable for consideration
may be submitted at the same time as its application, but must be
separately bound and submitted in the above number of copies. The
Town may, at its discretion, consider such additional information
as part of the application.
N.
The Town reserves the right to require such supplementary, additional
or other information that the Town deems reasonably necessary for
its consideration of the application. Such modifications, deletions,
additions, or amendments to the application shall be considered only
if specifically requested by the Town.
O.
Any existing grantee at the time this chapter becomes effective must
supply all information set forth in this chapter upon any renewal
application.
A.
Any franchise awarded hereunder and the rights, privileges, and authority granted thereby shall take effect and be in force from and after the 30th day following the award thereof, provided that within 30 days from the day of such award the grantee shall file with the Town the following: a notarized statement by the grantee of unconditional acceptance of the franchise; certificates of insurance as required in § 154-9 herein; and written notification of the grantee's location and address for mail and official notification from the Town.
B.
The grantee shall have no recourse whatsoever against the Town for
any loss, cost, expense, or damage arising out of any provision or
requirement of this chapter or its regulation or from the Town's
exercise of its authority to grant additional franchises hereunder.
C.
The grantee expressly acknowledges that, in accepting any franchise
awarded hereunder, it has relied upon its own investigation and understanding
of the power and authority to grant this franchise.
D.
Grantee acknowledges by the acceptance of this chapter and any franchise
agreement with the Town that it has carefully read the terms and conditions
of this chapter, and it is willing to and does accept all the obligations
of such terms and conditions, including future amendments. Grantee
further agrees that it will not, prior to substantial completion of
the system, set up as against the Town any claim that any provision
of this chapter as adopted or any franchise granted hereunder is unreasonable,
arbitrary, invalid, or void.
A.
After the expiration of the term for which a franchise is granted,
the Town, in its sole discretion, may determine whether the grantee
shall continue to operate a cable television system pursuant to the
terms and conditions of this chapter. If grantee intends to apply
for a renewal term, the grantee shall submit an application to the
Town not later than 90 days prior to the expiration of the terms stated
in grantee's agreement with the Town.
B.
In addition to all other rights and powers pertaining to the Town
by virtue of this chapter, grantee's agreement or otherwise,
the Town reserves the right to revoke, terminate, and cancel the franchise
and all rights and privileges of the grantee hereunder in the event
that:
(1)
The grantee violates any provision of this chapter, any provision
of the grantee's agreement, or any rules, orders, or determinations
of the Town made pursuant to this chapter, except where such violation
is without fault or through excusable neglect;
(2)
The grantee becomes insolvent, unable, or unwilling to pay its debts,
or has a bankruptcy judgment;
(3)
There has been a change in the control of the grantee requiring the
consent of the Town Board, pursuant to this chapter, and such consent
has been denied or not given; or
(4)
The grantee practices any fraud or deceit upon the Town.
C.
Upon the occurrences of any of the events enumerated in this chapter,
the Town Board may, after hearing upon 30 days' written notice
to the grantee citing the reasons alleged to constitute cause for
revocation, set a reasonable time in which the grantee must remedy
the cause. If, during the thirty-day period, the cause shall be cured
to the satisfaction of the Town, the Town may declare the notice to
be null and void. If the grantee fails to remedy the cause within
the time specified, the Town may revoke the franchise. In any event,
before a franchise may be terminated, the grantee must be provided
with an opportunity to be heard before the Town Board. The decision
of the Town Board may be subject to judicial review.
D.
If the Town determines not to renew the franchise for reasons other
than a material breach of their franchise or reasons unrelated to
the performance of the grantee or upon receipt of an application for
assignment of the franchise, or upon a change of de facto control,
the grantee shall first offer all of the grantee's equipment
and property situated within the Town and used in conjunction with
the operation of the cable television system to the Town at fair market
value, which value shall include the fair market value of the system
as a going concern, including the franchise itself and the rights
and privileges granted by the Town. When a franchise is revoked pursuant
to this chapter or expires and is not renewed because of a material
breach of the franchise, grantee's said equipment and property
within the Town shall first be offered to the Town at a fair market
value, which value shall not include any value for the franchise itself
or for any of the rights or privileges granted by the Town. If the
determination of fair market value cannot be negotiated or determined,
said value shall be determined by an impartial arbitration procedure
pursuant to Chapter 298 of the Wisconsin Statutes, wherein the grantee
and the Town shall each choose an arbitrator and the arbitrators shall
choose a third arbitrator; the valuation determination by a majority
of said arbitrators shall be considered the fair market value at which
the system will be offered to the Town. The grantee and the Town shall
share the cost of the arbitration procedure equally. The Town shall
have 90 days to exercise the right of first refusal to purchase grantee's
aforementioned property within the Town, said 90 days commencing on
the day the fair market value of the equipment is determined either
through negotiation or the arbitration procedure.
E.
If the Town does not exercise its option to purchase and grantee's
said property is not sold to a person who has obtained a franchise
from the Town in a reasonable period of time, the grantee, upon request
by the Town, shall not later than six months from the date of such
Town request, remove its equipment from Town streets. If the Town
determines not to exercise its right of first refusal, it shall not
unreasonably refuse to renew or grant a cable television franchise
during a reasonable interim period. While transfer of the system and
franchise is being negotiated, arranged, or ordered, the grantee may
be required to continue service to the public and its subscribers
unless, for reasons beyond the control of the grantee, said operation
will be economically unfeasible to the grantee.
F.
If for any reason stated in this chapter the grantee is required
to remove its plant, structures, and equipment from Town roads, the
grantee shall fill, at its own expense, any excavation that shall
be made by it and shall leave all public streets and places in such
condition acceptable to and approved by the Town. During any period
of removal, grantee shall be required to maintain the liability insurance
required herein and the indemnity to the Town required herein. (Buried
cable may be cut off below ground level and abandoned in place.)
G.
If the grantee fails to complete any work required by this chapter
or any work required by any other Town law or ordinance within the
time established and to the satisfaction of the Town, the Town may
cause such work to be done and the grantee shall reimburse the costs
thereof within 30 days and after receipt of an itemized list of such
costs.
H.
Upon the expiration of the grantee's agreement, the Town may,
by resolution, on its own motion or request of the grantee, require
the grantee to operate the franchise for an extended period of time
not to exceed six months from the date of the expiration of the original
term of the franchise or any renewal term. All provisions of this
chapter and grantee's agreement shall continue to apply to operations
during any extension period. The Town shall serve written notice to
grantee of its intent to extend under this section at least 90 days
prior to expiration of the original franchise or any renewal term.
I.
If, for a period of six continuous years following the termination
of grantee's franchise for any reason, the grantee has failed
to remove its equipment from Town streets or the grantee has not sold
said equipment to a subsequent franchise holder or the Town has not
exercised its rights to purchase such equipment, then any such equipment
in any Town street shall be deemed abandoned and title to the same
shall revert to the Town upon resolution of the Town Board.
The Town Board shall have the right to inspect all construction
or installation work performed pursuant to the provisions of this
chapter.
A.
The grantee shall maintain its facilities, equipment, and service
so that the CATV system is as advanced as the current state of technology
with field-proven equipment will allow, consistent with good economic
judgment of the grantee and service requirements of the franchise
area. The grantee shall render efficient service in accordance with
such rules and regulations as have been promulgated and may be promulgated
by the FCC and other federal and state regulatory agencies.
B.
It shall be the right of all residential subscribers, unless prohibited
by any law, rule, or regulation, to receive all available services
insofar as their financial and other obligations to the grantee are
honored.
C.
The grantee shall respond to all service calls and complaints and
shall correct malfunctions in its equipment as promptly as possible.
The grantee shall respond to requests for service within 48 hours
after its reception of said request. If the grantee does not respond
to a request within said 48 hours, the grantee shall refund 1/30th
of its monthly charge to a subscriber for each 24 hours or fraction
thereof following a request for service except to the extent that
the grantee is prevented from responding to said request for service
by strike, injunction, or other causes beyond the control of the grantee.
D.
The grantee shall not be obligated to extend service in any area
unless there are at least 20 residential structures per contiguous
mile.
E.
The grantee shall provide, without charge, three outlets to the primary
Town municipal building. If more than three outlets are required in
said building or if outlets are requested in any other municipal building
within the Town, the grantee shall install the same at the cost of
time and materials only. In no event will there be a monthly service
charge at any of the said locations. The subsection shall apply only
when service is available near the building location.
A.
At all times during the term of the franchise, the grantee shall
obtain, pay all premiums for, and file with the Town Board certificates
of insurance for the following: A general comprehensive public liability
insurance policy indemnifying, defending, and saving harmless the
Town, its officers, boards, committees, commissions, agents, and employees
from any and all claims by any person whatsoever on account of injury
to or death of a person or persons occasioned by the operations of
the grantee under the franchise herein granted or alleged to have
been so caused or occurred with a minimum liability of $500,000 for
bodily injury or death of any one person and $1,000,000 for any one
occurrence; property damage insurance with the same indemnifications
as previously stated in this subsection from and against all claims
by any person whatsoever for property damage occasioned by the construction
or operation of the grantee under the franchise herein granted or
alleged to have been so caused or occurred with a minimum liability
of $100,000 for property damage in any one occurrence. All of the
foregoing insurance policies shall be in a form satisfactory to the
Town Attorney, shall be approved by the Board, and shall be maintained
by companies authorized to do business in the State of Wisconsin.
Said insurance contracts shall require 30 days' written notice
of any cancellation to the Town.
B.
The grantee shall also, at its sole cost and expense, fully indemnify,
defend, and hold harmless the Town, its officers, boards, committees,
commissions, and employees against any and all claims, suits, actions,
liability, and judgments for damages (including but not limited to
expenses for reasonable attorneys' fees and disbursements) arising
out of any claim for invasions of the right of privacy, for defamation
of any person, firm, or corporation or for the violation or infringement
of any copyright, trademark, trade name, service mark, or patent,
or of any other right of any person, firm, or corporation, and arising
out of the grantee's failure to comply with the provisions of
any federal, state, or local statute, ordinance, or regulation applicable
to the grantee in this business hereunder. The foregoing indemnity
is conditioned upon the following: The Town shall give the grantee
prompt notice of the making of any claim or the commencement of an
action, suit, or other proceeding covered by the provisions of this
chapter.
A.
A person who willfully or maliciously damages, or causes to be damaged,
any wire, cable, conduit, apparatus or equipment of the grantee, or
who commits any act with intent to cause damage to any wire, cable,
conduit, apparatus or equipment of the grantee, or who taps, tampers
with, or connects any wire or device to a wire, cable, conduit or
equipment of the grantee with intent to obtain a signal or impulse
there from without authorization of the grantee, shall be subjected
to a forfeiture of not less than $50 or more than $300 as determined
by the court and shall be liable in a civil action for three times
the actual amount of damages sustained thereby. However, this section
shall not prevent the Town (or the designated employee and agents
of) from removing, disconnecting, or otherwise rendering inoperable
any of grantee's apparatus or equipment attached or in any way
connected to the Town's facilities, if done for reasonable cause.
B.
Whoever with intent to defraud obtains or attempts to obtain a signal
or impulse from any wire, cable, conduit, apparatus, or equipment
of the grantee by any of the following means shall be subject to a
forfeiture of not less than $50 or more than $300 as determined by
the court and shall be liable in a civil action for three times the
actual amount of damages sustained thereby.
C.
This section shall apply when the said CATV system service either
originates or terminates or both in this state, or when the charges
for said service would have been billable in normal course, by a person
providing CATV service in this state, but for the fact that said service
was obtained, or attempted to be obtained, by one or more of the means
set forth in this chapter.
D.
For purposes of determining the forfeiture set forth in this chapter,
each day of violation of the provisions of said section shall constitute
a separate offense.
A.
Any franchise granted pursuant to this chapter shall not be assigned
or transferred, either in whole or in part, or leased or sublet in
any manner, nor shall title thereto either legal or equitable, or
any right, interest, or property therein, pass to or vest in any person
either by the act of the grantee or by operation of law without the
express consent of the Town Board. The granting, giving, or waiving
of any one or more of such consent shall not render unnecessary any
subsequent consent or consents.
B.
The grantee shall promptly notify the Town Board of any proposed
change in, or transfer of, or acquisition by, any other party of control
of or the business assets of the grantee. Within 60 days after receiving
said notice, the Town Board shall hold a public hearing on this matter
and, within 90 days, shall make its recommendations upon the matter.
For the purpose of determining whether it will consent to such change,
transfer, or acquisition of control, the Town Board may inquire into
the qualifications of the prospective controlling party and shall
require the prospective controlling party to submit all information
and documentation as set forth in this chapter.
C.
Every change, transfer, or acquisition of control of the grantee,
with respect to which the consent of the Town Board is required, pursuant
to this chapter, shall make this franchise subject to revocation unless
and until the Town Board shall have consented thereto. If the Town
Board denies consent and such change, transfer, or acquisition of
control has been effected, the Town may revoke any franchise or permit
given pursuant to this chapter unless control of the grantee is restored
to its status prior to the change, or to a status acceptable to the
Town Board.
D.
For purposes of this chapter and the preceding subsection, a change,
transfer, or acquisition of control shall not be effected where less
than 30% of the shares of stock in the grantee is made within any
calendar year. Changes or transfers of control resulting from the
death of a stockholder shall be exempt from the requirements of the
previous subsections.
E.
Nothing in this chapter shall be deemed to prohibit a mortgage or
pledge of the cable system equipment or any part thereof or a leasing
by the grantee from another part thereof for financing purposes or
otherwise. Any such mortgage, pledge, or lease shall be subject and
subordinate to the rights of the Town under the grantee's agreement
or this chapter and applicable law.
A.
There is hereby granted by the Town the right, privilege, and franchise
to construct, operate, and maintain a cable television system on the
streets of the Town for a period of years as specified in any agreement
between the Town and the grantee, subject to the rights, obligations,
conditions, and restrictions as hereinafter provided. The right to
use and occupy said streets for the purposes herein set forth shall
not be exclusive, and the Town reserves the right to grant a similar
use of said streets to any person at any time during the period of
the grantee's franchise.
B.
All transmission and distributions, structures, lines, and equipment
erected by the grantee within the Town shall be located so as not
to interfere with the proper use of streets, alleys, and other public
ways and places, and to cause minimum interference with the rights
or reasonable convenience of property owners who adjoin any of said
streets, alleys, or other public ways and places, and not to interfere
with existing public utility installations. All installations shall
be underground in those areas of the Town where both of the public
utilities providing telephone or electric service are underground
at the time of installation. In areas where both telephone and electric
utility distribution facilities are above ground at the time of installation,
the grantee may install its facilities above ground; but in such case,
the grantee, to the maximum extent possible subject to approval by
the affected public utility, shall place its facilities on the poles
of said public utilities. If, subsequently, said telephone or electric
utility facilities go underground, the facilities of the grantee shall
go underground simultaneously. The use of the grantee of any facilities
or installations of a telephone or electric utility and the conditions
of said uses shall be determined by negotiations between the grantee
and said utility.
C.
In cases of any disturbance of pavement, sidewalk, driveway, or other
surfacing, the grantee shall, at its own expense, and in the manner
provided by the Town, place and restore all paving, sidewalk, driveway,
or other surface of any street or alley disturbed.
D.
If, at any time during the period of grantee's agreement, the
Town shall alter or change the grade or location of any street, alley,
or other public way, or repair the same, the grantee shall, upon 45
days' notice by the Town, remove, relay, and relocate its poles,
wires, cables, and underground fixtures at its own expense and, in
each instance, comply with the requirements of the Town.
E.
From time to time, the Town Board may prohibit placement of grantee's
equipment, wires, or facilities from specified areas where the Town
Board has determined the location of such equipment, wires, and facilities
might or would interfere with or endanger any public or private utility
or would violate any applicable safety statute, ordinance, or administrative
regulation.
F.
The grantee shall, on request of any person holding a moving permit
issued by the Town, temporarily move its wires or fixtures to permit
the moving of buildings, the expense of such temporary removal to
be paid by the person requesting the same, and the grantee shall be
given not less than 96 hours' advance notice to arrange for such
temporary changes.
A.
The grantee shall not deny service, deny access, or otherwise discriminate
against any subscribers, programmers, or general citizens on the basis
of race, color, religion, national origin, creed, age, or sex. Nothing
in this section shall be construed to prohibit the reduction or waiving
of charges in conjunction with promotional campaigns for the purpose
of attracting subscribers, nor shall this provision be interpreted
to prohibit the establishment of a graduated scale of charges and
classified rate schedules to which any subscriber or programmer included
in a particular classification shall be entitled.
B.
Except with written subscriber consent, neither the grantee, nor
any governmental bureau, department, unit, agency, or entity at the
federal, state, county, or town level, nor any other person or entity
shall monitor or arrange for the monitoring of any subscriber cable,
subscriber outlet or subscriber receiver for any purpose whatsoever.
C.
Without the express written consent of a subscriber, the grantee
shall not sell, or otherwise make available, lists of the names and
addresses of the subscribers, or any lists which identifies, by name,
subscribers' viewing habits, to any person, agency, or entity,
for any purpose whatever.
A.
The right is hereby reserved to the Town to adopt, in addition to
the provisions contained herein and any existing applicable ordinances,
such additional regulations as it shall find necessary in the exercise
of the police powers, provided that such regulations, by ordinance
or otherwise, shall be reasonable and not in conflict with the rights
herein granted.
B.
Nothing in this chapter shall limit the right of the Town to acquire
the cable system of the grantee through the exercise of eminent domain,
condemnation proceedings, or otherwise.
C.
For the purpose of vacating streets, installing utilities and rerouting
utilities, the Town of Rome may terminate grantee's rights to
use the streets and the facilities of the Town upon resolution of
the Town Board and two months' notice to the grantee. Notwithstanding
the foregoing, in case of emergency or as a measure to safeguard the
health, safety, and welfare of the Town or any of its inhabitants,
the Town may, by resolution, prescribe a shorter notice. Any removal
of equipment, wires, or facilities of the grantee required by this
section shall be done at the sole cost and expense of the grantee.
If removal is not made by the grantee in the time required or, in
case of emergency, the Town or its lawful representatives may cause
the same to be removed at the grantee's expense without notice.
D.
Nothing contained in this chapter shall be construed to limit or
in any other way impair the powers and authorities of the Town, except
as expressly stated in this chapter.
A.
Except as expressly provided in this chapter and grantee's agreement, grantee herein shall have no recourse whatsoever against the Town for any loss, cost, or expense or damage arising out of the provisions or requirements of this chapter or because of the enforcement of provisions set forth in § 1-5, General penalty.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Any grantee receiving a franchise from the Town pursuant to this
chapter acknowledges by acceptance of a franchise that it has carefully
read the terms and conditions hereof and is willing to and does accept
all reasonable risks of the meaning of such terms and conditions,
and agrees that in the event of any ambiguity thereon or in the event
of any other dispute over the meaning thereof, the same shall be construed
strictly against the grantee in the favor of the Town.
For the purpose of this chapter, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
If not defined herein, the word, term or phrase shall have the definition
commonly accepted including a relevant definition contained in the
Wisconsin Statutes. When not inconsistent with the context, the words
used in the present tense include the future, words in the plural
number include the singular number and words in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory:
A public right-of-way, which normally affords a secondary
means of vehicular access to abutting property.
Any facility that, in whole or in part, receives directly
or indirectly over the air and amplifies or otherwise modifies the
signals transmitting programs broadcast by one or more television
or radio stations and distributes such signals by wire or cable to
subscribing members of the public who pay for such service, but such
terms shall not include any such facility that serves fewer than 50
subscribers or any such facility that serves only the residents of
one or more apartment dwellings under common ownership, control, or
management, and commercial establishments located on the premises
of such an apartment house.
A bank, credit union, savings and loan or other business
providing conventional financial services that is regulated by the
Wisconsin Department of Financial Institutions and the Federal Deposit
Insurance Corporation.
The average level of the finished surface of the ground adjacent
to the exterior walls of the building or structure.
Operator shall mean any person who has charge, care or control
of a building, structure or premises or part thereof.
Includes the plural as well as the singular and may mean
either a natural person, firm, association, partnership, private corporation,
public or quasi-public corporation, or combination of these who shall
hold title to a building, structure or property, or who shall be in
actual possession of, or have charge, or control of building, structure,
or property as agent of the title holder, or who shall be trustee
or guardian of the estate or person of the title holder.
Includes a corporation, firm partnership, association, organization
and any other group acting as a unit as well as individuals, including
a personal representative, receiver or other representative appointed
according to law. Whenever the term "person" is used in any section
of this chapter prescribing a penalty or fine, as to partnerships
or associations, the work shall include the partners or members thereof,
and as to corporations, shall include the officers, agents or members
thereof who are responsible for any violation of such section.
Any sidewalk, street, alley, highway, or other public thoroughfare.
Any public highway or alley and shall mean the entire width
between the boundary lines of any public way where any part thereof
is open to the public for purposes of vehicular traffic.
Anything constructed or erected, the use of which requires
a more or less permanent location in or on the premises, or any other
attachment to something having a permanent location on the ground,
which includes, but is not limited to, objects such as buildings,
mobile homes, gas or liquid storage tanks, bridges, culverts, decks,
fences, satellite dishes or swimming pools.
The Town of Rome, Adams County, Wisconsin, or any duly appointed
designate thereof, including, but not limited to, the Town Board and
Town committees.
The present governing body of the Town or any successors
to the legislative power of said body, or any duly appointed designate
thereof.
Public and private facilities, such as water wells, water
and sewage pumping stations, water storage tanks, electrical power
substations, static transformer stations, telephone and telegraph
exchanges, microwave radio relays and gas regulation stations, inclusive
of associated transmission facilities but not including sewage disposal
plants, municipal incinerators, warehouses, shops, storage yards and
power plants.
