[HISTORY: Adopted by the Town Board of the Town of Fulton 9-12-1996 as Ch. 12 of the 1996 Code. Amendments noted where applicable.]
The Town Board of the Town of Fulton has the specific statutory authority, powers and duties, pursuant to the specific statutory sections noted in this chapter and/or by its adoption of village powers under § 60.10, Wis. Stats., to regulate, control, prevent and enforce against in the Town of Fulton certain uses, activities, businesses and operations by persons that may affect public safety and public order in the Town of Fulton.
The Town Board of the Town of Fulton has, by adoption of this chapter, confirmed the specific statutory authority, powers and duties noted in the specific sections of this chapter and has established by these sections and this chapter the regulations, controls and enforcement against certain uses, activities, businesses and operations by persons that may affect the public safety and public order in the Town of Fulton.
No person shall commit the following offenses in the Town of Fulton (herein noted as Town of Fulton violations) that are hereby adopted by reference in this chapter. The prosecution of such offenses under this chapter shall be as provided in §§ 60.23 and 66.0107, Wis. Stats., and the below-noted sections, but the penalties for violation of these sections shall be as provided below.
All offenses set forth in Chs. 942 through 948, Wis. Stats., inclusive, and amendments thereto, all of which are hereby adopted by reference in this chapter and are made violations of this Code.
In addition, no person shall within the Town intentionally cause, provoke, or engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest, nor shall any person within the Town cause bodily harm to another, as bodily harm is defined in § 939.22(4), Wis. Stats., by an act done with intent to cause bodily harm to that person or another without consent of the person so harmed.
No person shall use, possess, manufacture or deliver to an adult or minor in the Town of Fulton any drug paraphernalia in violation of §§ 961.573(1), 961.574(1) and 961.575(1), Wis. Stats., herein incorporated by reference.
In addition, no person shall use, possess, manufacture, sell, deliver or make available to any other person 25 grams or less of marijuana or cannabis unless such marijuana or cannabis was obtained directly or pursuant to a valid prescription or order of a practitioner acting in the course of his or her professional practice.
For purposes of this section, the following definitions are adopted:
- The residue extracted from any part of the plant Cannabis Sativa L., or any other nonfibrous extract from any part of this plant containing delta-9-tetrahydrocannabinol.
- All parts of the plant Cannabis Sativa L., whether growing or not; the seeds thereof; and every compound, manufacture, sale, derivative, mixture or preparation of the plant or its seeds. It does not include cannabis or any other compound, manufacture, sale, derivative, mixture or preparation of the mature stalks, fiber oil, or cake, or the sterilized seed of the plant which is incapable of germination.
- A physician, dentist, veterinarian, podiatrist, scientific investigator, or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with or to administer a controlled substance in the course of professional practice or research in this state.
No person shall cause, permit or allow any person in the Town of Fulton to intentionally damage any physical property owned or leased by the Town of Fulton. This damage may include but is not limited to the erection, posting, painting or maintaining of signs, posters, pictures or drawings on any curbs, bridges, equipment, fixtures, trees, windows, sidewalks, public highways, roads, streets, alleys, culverts, fences, walls, posts, lamps, poles or any buildings or materials of any type in the Town of Fulton owned or leased by the Town of Fulton.
No person shall cause, allow or permit any person in the Town of Fulton to maintain on land owned by that person in the Town of Fulton the following:
All such physical structures and places shall be properly filled, tightly enclosed, property covered or fully and securely fenced in such a manner to prevent injury to persons. Any cover, enclosure or fence shall be designed, constructed and maintained to prevent small children from accessing the structure or place.
No person shall cause, allow or permit any excavation in the Town of Fulton, for any building purpose or other purpose, to be left open beyond three months from the commencement of excavation without the person owning the property proceeding to complete the construction of the building or without the person owning the property proceeding to fill the excavation to grade. This provision shall not apply to any metallic or nonmetallic mining operations where a permit for mining has been issued by the Town Board of the Town of Fulton. If the person, after receipt of notice to comply with this chapter, fails to comply with this chapter the Town Board may order the excavation to be filled by the person within 14 days after receipt by the person of the order. If the excavation is not then filled to the satisfaction of the Town Board, the Town Board may fill the excavation to grade and may then charge the cost to fill the excavation to the person against the real property of that person as a special tax.
No person shall litter, as provided in § 287.81, Wis. Stats., which is incorporated by reference herein.
No person shall cause, allow or permit any person in the Town of Fulton to maintain outside any inhabited building or structure or inside any uninhabited building or structure, in a location accessible to small children, any abandoned, unattended or discarded icebox, refrigerator, deep freezer or other container or equipment which has an airtight door or lid which may not be released from the inside without removing the door or lid or removing the lock from such container or equipment, unless the person securely locks or fastens the door to prevent access by small children.
No person shall cause, allow or permit any person in the Town of Fulton to discharge a firearm, bow or crossbow under the following circumstances:
The provisions of §§ 941.20(1)(d) and 167.31(1), (2)(a) and (d) and (4), Wis. Stats., describing and defining regulations with respect to the use of firearms, bows and crossbows are hereby adopted and incorporated by reference by the Town of Fulton and made a part of this chapter as if fully set forth herein.
Any future amendments, modifications, revisions, additions or deletions of the above-noted statutory provisions shall be incorporated herein and made a part of this chapter in order to secure uniform regulation of firearms, bows and crossbows in the Town of Fulton.
No person shall cause, allow or permit any person to take the below-noted actions or conduct the below-noted events in the Town of Fulton on the public highways, roads, streets or alleys in the Town of Fulton without a permit issued by the Town Board of the Town of Fulton. The acts and events are the following:
Any parade, dance or motorcade, except a funeral procession, where traffic may be delayed or rerouted.
Any house, building or structure moving or wrecking on any public highway, road, street or alley.
Any party, festival, carnival, event or amusement activity where the party, festival, carnival, event or amusement activity is to be temporarily located all or in part on a public highway, road, street or alley.
The Town Board or its designee shall inspect the premises prior to the issuance or reissuance of the permit. No permit shall be issued or reissued by the Town Board until the Town Board or its designee has inspected the premises.
The Town Board of the Town of Fulton may issue the permit upon conditions to be complied with by the applicant. The Town Board of the Town of Fulton may establish a cash or surety bond to insure compliance with the conditions.
No person shall operate a power-driven boat on the Rock River, in the Town of Fulton, Rock County, Wisconsin, faster than a slow no-wake speed in the following areas when posted:
For the purpose of this section the term "slow no-wake" shall mean operating a boat at the slowest speed at which said boat can be operated and still maintain forward motion and steerage control.
Penalties. Wisconsin state boating penalties as found in § 30.80, Wis. Stats., and deposits as established in the Uniform Deposit and Bail Schedule established by the Wisconsin Judicial Conference are hereby adopted by reference with all references to fines amended to forfeitures and all references to imprisonment deleted.
Chapter XI of the Rock County Code of Ordinances concerning rules and regulations in Rock County parks is hereby adopted by reference in its entirety and is hereby made a part of this Code.
No person within the Town of Fulton shall:
In any public or private place engage in violent, noisy, riotous, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to cause or provoke an immediate disturbance of public order or tends to annoy or disturb any other person.
Engage in any of the conduct set forth in Subsection A(1) above in any public or private place while operating a motor vehicle. Such prohibited conduct shall include, but is not limited to, disobedience of posted traffic signs, whether public or private, operating a motor vehicle upon the left-hand portion of any traveled roadway, whether public or private, or otherwise operating a motor vehicle in a manner which tends to provoke or cause a disturbance.
For purposes of this section, the term "motor vehicle" means a vehicle, including a combination of two or more vehicles and/or articulated vehicle, which is self-propelled, except a vehicle operated exclusively on a rail. A snowmobile and an all-terrain vehicle shall be considered motor vehicles for purposes of this section.
No person within the Town of Fulton or in communication with any person in the Town of Fulton shall make a telephone call or send a message to any person on an electronic mail or other computerized communication system which does any of the following:
Intends to frighten, intimidate, threaten, abuse or harass, or threatens to inflict injury or physical harm to any person or property of any person.
Uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to abuse or threaten any person at the called number.
Makes or causes the telephone of another repeatedly to ring; makes repeated telephone calls, whether or not conversation ensues; makes a telephone call or calls, whether or not conversation ensues, without disclosing his or her identity; or knowingly permits any telephone under his or her control to be used to frighten, intimidate, threaten, abuse, harass or offend another person.
Sends one or more messages to any person on an electronic mail or other computerized communication system with intent solely to harass another person, while intentionally preventing or attempting to prevent disclosure of his or her identity, or knowingly permitting or directing another person to send a message prohibited in any subsection of this section from any computer terminal or other device that is used to send messages on an electronic mail or other computerized communication system that is under his or her control.
As used in this chapter, the following terms shall have the meaning indicated:
- Deserted, surrendered or ceded.
- AIR CURTAIN DESTRUCTOR
- A solid waste disposal operation that combines a fixed wall open pit and mechanical air supply which uses an excess of oxygen and turbulence to accomplish the smokeless combustion of clean wood wastes and similar combustible materials.
- Around or surrounding.
- Chrysotile, crocidolite, amosite, fibrous tremolite, fibrous actinolite or fibrous anthophyllite.
- Every description of watercraft used or capable of being used as a means of transportation on water, except a seaplane on the water and a fishing raft.
- DISORDERLY CONDUCT
- Conduct in a public or private place that is violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly under circumstances in which the conduct leads to cause or provoke a disturbance.
- A weapon that acts by force of gunpowder.
- FIRE FIGHTER
- A person employed by the State of Wisconsin or any municipality as a member or officer of a fire department or member of a volunteer fire department, including the State Fire Marshal and deputies and members of any rescue squad.
- A processing facility designed and operated for controlled burning of wastes primarily to achieve volume and weight reduction or to change waste characteristics. Facilities which use waste as a supplemental fuel where less than 30% of the heat input to the facility is derived from such supplemental fuel are not classified as incinerators.
- METALLIC MINING
- All or part of the process involved in the mining of metallic minerals, other than for exploration or prospecting, including commercial extraction, agglomeration, beneficiation, construction of roads, removal of overburden and the production of refuse.
- The act or the science or the business of traversing the sea or other navigable waters in boats or vessels.
- NONMETALLIC MINING
- Operations or activities for the extraction from the earth for sale or use by the operator of mineral aggregates such as stone, sand and gravel and nonmetallic minerals such as asbestos, beryl, clay, feldspar, peat and talc, related operations or activities such as excavation, grading or dredging if the purpose of those operations or activities is the extraction of mineral aggregates and nonmetallic minerals, and related processes such as crushing, screening, scalping, dewatering and blending.
- A writing, picture, sound recording or film which:
- A. The average person, applying contemporary community standards, would find appeals to the prudent interest if taken as a whole;
- B. Under contemporary community standards, describes or shows sexual conduct in a patently offensive way; and
- C. Lacks serious literary, artistic, political, educational or scientific value, if taken as a whole.
- OPEN BURN
- Combustion in which the by-products thereof are emitted directly into the ambient air without passing through a stack or chimney. "Open burn" does not include the combustion occurring at a properly operated air curtain destructor or incinerator.
- SEXUAL CONDUCT
- Any conduct or behavior relating to sexual activities of the complaining witness, including but not limited to prior experience or sexual intercourse or sexual contact, use of contraceptives, living arrangement and lifestyle.
- SLOW NO-WAKE
- That speed at which a boat moves as slowly as possible while still maintaining steerage control.
- Every description of watercraft used or capable of being used as a means of transportation on water, except a seaplane on the water and a fishing raft.
- Any device used and designed for navigation on water.
Every person concerned in the commission of an act prohibited by this chapter is a principal and may be charged with and convicted of the commission of said act although he did not directly commit it and although the person who directly committed it has not been convicted of some other act prohibited by this chapter.
A person is concerned in the commission of an act prohibited by this chapter if he directly commits the act or intentionally aids and abets the commission of it, is a part to a conspiracy with another to commit it or advises, hires, counsels or otherwise procures another to commit it. Such party is also concerned in the commission of any other act which is committed in pursuance of the intended violation or which, under the circumstances, is a natural and probable consequence of the intended violation. This subsection does not apply to a person who voluntarily changes his mind and no longer desires that the act be committed and notifies the other parties concerned of his withdrawal within a reasonable time before the commission of the violation so as to allow the others to withdraw.
Unless another penalty is expressly provided by any particular provision of this chapter, any person violating any provision of this chapter or any provision of any statute or code adopted by reference by this chapter shall, upon conviction, be subject to a forfeiture as provided in Chapter 1, § 1-4 and Chapter 20, Citations, of this Code.
Each act of violation and every day upon which a violation occurs or continues to exist constitutes a separate offense.
Amendments. In case of any amendment or addition to any ordinance in the Town of Fulton, the penalty provided for the violation of such ordinance shall also relate to the amendment or addition, whether reenacted in the amendatory ordinance or not, unless such penalty is specifically repealed or amended therein.
The failure of any officer or employee of the Town to perform any official duty imposed by this chapter shall not subject such officer or employee to the penalty imposed for the violation of the chapter, unless the penalty is specifically provided.
The application of the above penalty shall not prevent the enforced removal of prohibited conditions and obtaining injunctive relief.