[HISTORY: Adopted by the Town Board of the Town of Fulton as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-12-1996 as Ch. 15, Part B, §§ 1, 2a, 3, 4 and 7 and Ch. 17 of the 1996 Code]
In the construction of these general ordinances, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the ordinance:
Wisconsin Statutes. The term "Wisconsin Statutes" wherever used in this Code shall mean the Wisconsin Statutes in effect when this Code is effective and any amendments to such statutes.
Gender; singular and plural. Every word in these ordinances imparting the masculine gender may extend and be applied to females as well as males, and every word imparting the singular number only may extend and be applied to several persons or things as well as to one person or thing, provided that these rules of construction shall not be applied to any provisions which shall contain any express language excluding such construction or when the subject matter or context of such provisions may be repugnant thereto.
Person. The word "person" extends and applies to natural persons, firms, corporations, associations, partnerships, limited liability companies or other bodies politic and all entities of any kind capable of being sued, unless plainly inapplicable.
Acts of agents. When a provision requires an act to be done which may as well be done by an agent as by the principal, such requirements shall be construed to include all such acts when done by an authorized agent.
If provisions of the different chapters of this Code conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions arising out of the subject matter of such chapter.
Whenever in this Code any standard, code, rule, regulation or other written or printed matter is adopted by reference, it shall be deemed incorporated in this Code as if fully set forth herein. Materials so filed, deposited and kept shall be public records open for examination with proper care by any person during the Town Clerk/Treasurer's office hours, subject to such orders or regulations which the Town Clerk/Treasurer may prescribe for their preservation.
Any person or entity violating any provision of this Code or any ordinance that may be enacted or amended by the Town shall forfeit not less than $50 nor more than $1,000 for each violation, together with the costs of prosecution and other court costs and penalty assessments permitted by law, except where a penalty is otherwise specifically provided for. In the event of default of payment of such forfeiture and costs of prosecution, said violator shall be imprisoned in the Rock County Jail until such forfeiture and costs are paid, but not to exceed 30 days, or, as permitted by law, said violator's driver's license may be suspended for a period of time up to two years. Each separate day shall constitute a separate violation of the ordinance, if the ordinance is one in which a continuing situation is possible. This section shall not be construed to abrogate minimum and maximum penalties prescribed by the laws of the State of Wisconsin.
Nothing in this Code shall be interpreted as guaranteeing or warranting that any method, construction, product, service, building or anything whatsoever is safe, free from defects or suited for the purpose for which it is intended.
No issuance of a license or permit, approval, inspection or other action by any Town of Fulton officer, employee or agent shall constitute a warranty or guarantee that any method, construction, product, building, service or anything whatsoever is safe, free from defects or suited for the purpose for which it is intended.
As used in this Code, the following terms shall have the meaning indicated:
- A written statement, under oath, sworn to or affirmed by the person making the affidavit before a person who has the authority to administer oaths or affirmations.
- A person authorized to act for another person.
- ALCOHOL BEVERAGE
- Fermented malt beverages and intoxicating liquor.
- ANNUAL TOWN MEETING
- The Town Meeting held under § 60.11, Wis. Stats.
- BOARD OF REVIEW
- A board established under § 70.46, Wis. Stats., to review property tax assessments and to adjust property tax assessments pursuant to Ch. 70, Wis. Stats.
- A graveyard, burial ground or a place set apart for interment of the dead.
- A common law procedure for reviewing lower court judicial determinations or determinations from a municipal board or commission (i.e., writ of certiorari for Board of Review).
- CLASS 1 NOTICE
- All legal notices that require one insertion in the official newspaper, pursuant to § 985.07, Wis. Stats.
- CLASS 2 NOTICE
- All legal notices that require two insertions in the official newspaper, pursuant to § 985.07, Wis. Stats.
- CLASS 3 NOTICE
- All legal notices that require three insertions in the official newspaper, pursuant to § 985.07, Wis. Stats.
- A person designated by another person to act as his agent.
- DISCHARGE (OF WASTE)
- Includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or dumping.
- DISPOSAL (OF WASTE)
- The discharge, deposit, injection, spilling, dumping, leaking or placing of waste into land, air or water. Disposal of waste does not include generation, transportation, storage, treatment or recycling of waste.
- A person who is a United States citizen 18 years or older who has resided in the Town of Fulton for 10 days before any election when the person offers to vote
- A situation in which property or human life is in jeopardy.
- A person, other than an independent contractor, employed by the Town of Fulton or any other person. An elected or appointed officer or elected or appointed official of the Town of Fulton shall be considered an employee of the Town of Fulton.
- FERMENTED MALT BEVERAGE
- Any beverage made by the alcohol fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated and regerminated grains or sugar, containing 0.5% or more of alcohol by volume
- Any fine or penalty established for violation of laws, regulations or ordinances, including Town of Fulton ordinances.
- Dangerous, perilous or a major risk of loss of property or injury to persons.
- HAZARDOUS WASTE
- Any waste identified by the Department of Natural Resources by rule as a hazardous waste.
- Public ways and thoroughfares and bridges on the same. It includes the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel. It includes those roads or driveways in the state, county or municipal parks and in state forests which have been opened to the use of the public for the purpose of vehicular travel, and roads or driveways upon the grounds of institutions under the jurisdiction of the board of regents of state universities, but does not include private roads or driveways as defined in § 340.01(46), Wis. Stats.
- INDEPENDENT CONTRACTOR
- A person, who is not an employee, contracted by a person to complete a project according to his, her or its methods with limited control except for the final result of the project.
- INTOXICATING LIQUORS
- All ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing 0.5% or more of alcohol by volume, which are beverages, but does not include fermented malt beverages.
- The convening of members of a governmental body for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. If 1/2 or more of the members of a governmental body are present, the meeting is rebuttably presumed to be for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. The term does not include any social or chance gathering or conference which is not intended to avoid this definition.
- MOTOR VEHICLE
- A vehicle which is self-propelled.
- NUCLEAR WASTE
- Any radioactive substance or matter, including source material, special nuclear material and by-product material defined in § 254.31, Wis. Stats., from the nuclear industry, including but not limited to gloves, clothing, lubricating oils and scrap paper exposed to radioactive materials.
- NUISANCE (HEALTH)
- Any source of filth or cause of sickness.
- Affirmation in all cases where by law an affirmation may be substituted for an oath. If any oath or affirmation is required to be taken such oath or affirmation shall be taken before and administered by some officer authorized by the law of the State of Wisconsin to administer oaths, at the place where the same is required to be taken or administered, unless otherwise expressly directed, and, when necessary, duly certified by such officer. If an oath is administered it shall end with the words "so help me God."
- Unless specifically noted, a person who holds a full-time or part-time public office who has been either elected or appointed to the office. This may include a person appointed to finish the term of an elected official.
- OFFICIAL NEWSPAPER
- A qualified newspaper, pursuant to § 985.03, Wis. Stats., designated by a municipality as its official newspaper.
- A local law of the Town of Fulton duly enacted by the Town Board of the Town of Fulton.
- All natural persons and also all partnerships, associations and bodies politic and bodies corporate.
- Contaminating or rendering unclean or impure the waters, land and air of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.
- An area designated in any license or permit.
- PUBLIC BUILDING
- Any structure, including exterior parts of such building, such as a porch, exterior platform or steps, providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy or use by the public or by three or more tenants. When used in relation to building codes, "public building" does not include a previously constructed building used as a community-based residential facility as defined in § 50.01(1g), Wis. Stats., which serves 20 or fewer residents.
- PUBLIC LAND
- Lands in the Town of Fulton owned or leased for terms exceeding one year by the federal, state or local governments, including the Town of Fulton. This may include lands held in fee or held by easement.
- PUBLIC NUISANCE
- An injurious effect on the safety, health or morals of the public or use of property which works some substantial annoyance, inconvenience or injury to the public and as a nuisance which causes hurt, inconvenience or damage to the public generally, or such part of the public as necessarily comes in contact with it in the exercise of a public or common right.
- PUBLIC PLACE
- The entire area authorized or designated for the general public use during hours of operation of any public or private business, use, activity or operation.
- RADIOACTIVE SUBSTANCE
- High-level radioactive waste, as defined in § 196.497(1)(c), Wis. Stats., transuranic waste, as defined in § 196.497(1)(d), Wis. Stats., and radioactive defense waste.
- Any material on which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority. "Record" includes, but is not limited to, handwritten, typed or printed pages, maps, charts, photographs, films, recordings, tapes (including computer tapes), computer printouts and optical disks. "Record" does not include drafts, notes, preliminary computations and like materials prepared for the originator's personal use or prepared by the originator in the name of a person for whom the originator is working, materials which are purely the personal property of the custodian and have no relation to his or her office, materials to which access is limited by copyright, patent or bequest, and published materials in the possession of an authority other than a public library which are available for sale, or which are available for inspection at a public library.
- The transfer, transporting, processing, marketing and conversion of solid wastes into usable materials or products and includes the stockpiling and disposal of nonusable portions of solid wastes but does not include the collection of solid waste.
- Bodily presence in the State of Wisconsin and, where applicable, in the Town of Fulton occupying some personal abode or dwelling with no interruption or early or definite removal but does not require an intent to make the abode a permanent domicile.
- A person who occupies a dwelling or abode within the State of Wisconsin and, where applicable, within the Town of Fulton, has a present intent to remain within the State of Wisconsin and/or Town of Fulton for a period of time and manifests the genuineness of intent by establishing an ongoing physical presence in the State of Wisconsin and/or Town of Fulton.
- A formal expression of the opinion or will of a municipality adopted by vote.
- That portion of a highway between the regularly established curblines or that portion which is improved, designed or ordinarily used for vehicular travel, excluding the berm or shoulder. In a divided highway the term "roadway" refers to each roadway separately but not to all such roadways collectively.
- The scum, liquid, sludge or other waste from a septic tank, soil absorption field, holding tank or privy. This term does not include the waste from a grease trap.
- SEPTIC TANK
- Includes a septic toilet, chemical closet and any other watertight enclosure used for storage and composition of human excrement and domestic or industrial wastes.
- Any outdoor advertising sign, display, device, notice, figure, painting, drawing, message, placard, poster, billboard or other thing which is designed, intended or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the main traveled way of any portion of an interstate highway or primary highway.
- Mud, mire, ooze, any heavy slimy deposit or sediment that is not septage.
- SOLID WASTE
- Any garbage, refuse, sludge from a waste at treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations and from community activities, but does not include hazardous waste, solids or dissolved material in domestic sewage or tar solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Ch. 283, Wis. Stats., or source, special nuclear or by-product material as defined under § 254.31, Wis. Stats.
- SPECIAL ASSESSMENT
- An amount entered in the tax roll as an assessment against real property to compensate for all or part of the costs of public work or improvements which benefit the property. "Special assessment" includes any interest and penalties assessed for nonpayment of the special charge before it is placed in the tax roll.
- SPECIAL TOWN MEETING
- All Town Meetings under § 60.12, Wis. Stats.
- STORAGE (WASTE)
- The holding of waste for a temporary period, at the end of which period the waste is to be treated or disposed. The temporary period shall not be longer than seven days from date of receipt.
- SURETY (NOUN)
- A person who is a guarantor of an obligation by written agreement.
- SURETY (VERB)
- To guarantee an obligation by written agreement.
- To withdraw and withhold from a person employment, a license, a permit or a certificate for a period of time and to withdraw and withhold all rights, privileges and authority previously conferred.
- TREATMENT (WASTE)
- Any method, technique or process, including neutralization, which follows generation and which is designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the hazardous waste or so as to render the waste nonhazardous, safer for transport, amenable for recovery, amenable for storage or reduced in volume. "Treatment" includes incineration.
- Unsuitable, incompetent, or not adopted or qualified for a particular use, business or service.
- VILLAGE POWERS
- Powers granted by the electors of the Town of Fulton at the Annual Town Meeting or Special Town Meeting to the Town Board of the Town of Fulton pursuant to § 60.10, Wis. Stats. The Town of Fulton has adopted village powers.
- A legal writ authorizing a person to make an arrest, search or seize property.
- Any solid waste, including construction waste, demolition waste, ash, sludge, refuse, rubbish, garbage and discarded recyclable materials. It also includes hazardous waste and nuclear waste or any by-product defined in § 254.31, Wis. Stats.
- A formal legal document ordering or prohibiting certain described acts.
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Town of Fulton of a general and permanent nature adopted by the Town Board of the Town of Fulton, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 425, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Fulton," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.
The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinances.
A copy of the Code, in loose-leaf form, has been filed in the office of the Town Clerk/Treasurer and shall remain there for use and examination by the public for at least two weeks, in accordance with § 66.0103, Wis. Stats., and until final action is taken on this ordinance, and, if this ordinance shall be adopted, such copy shall be certified to by the Town Clerk/Treasurer, and such certified copy shall remain on file in the office of said Town Clerk/Treasurer to be made available to persons desiring to examine the same during all times while said Code is in effect.
Any and all additions, deletions, amendments or supplements to the Code, when adopted in such form as to indicate the intention of the Town Board to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Town of Fulton" shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto.
The Clerk/Treasurer of the Town of Fulton, pursuant to law, shall cause to be published, in the manner required by law, a copy of this Adoption Ordinance. Sufficient copies of the Code shall be maintained in the office of the Clerk/Treasurer for inspection by the public at all times during regular office hours. The enactment and publication of this ordinance, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
It shall be the duty of the Town Clerk/Treasurer, or someone authorized and directed by the Clerk/Treasurer, to keep up-to-date the certified copy of the book containing the Code required to be filed in the Clerk/Treasurer's office for use by the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk/Treasurer or an authorized agent of the Clerk/Treasurer upon the payment of a fee to be set by the Town Board. The Clerk/Treasurer may also arrange for procedures for the periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Town of Fulton to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a forfeiture as provided in Chapter 1, § 1-4 of the Code.
Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. If any provision of this Code or the application thereof to any person or circumstances is held invalid, the remainder of this Code and the application of such provision to other persons or circumstances shall not be affected thereby.
Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
All ordinances or parts of ordinances of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this Adoption Ordinance, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-18 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to November 1, 2006.
Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom.
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance brought pursuant to any legislative provision.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.
Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the Town's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
The levy or imposition of taxes, assessments or charges.
The annexation or dedication of property or approval of preliminary or final subdivision plats.
Ordinances providing for local improvements or assessing taxes or special assessments therefor.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
Any ordinances adopting or amending a Zoning Map or otherwise rezoning property.
Any charter ordinances.
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Town.
One and Two Family Building Code; and any other building code except as these ordinances have been amended as a part of this recodification.
The adoption of the Code provided for in § 1-7 includes the adoption of revisions to existing ordinances deemed necessary and authorized by the Town Board to bring the ordinances of the Town into compliance with current procedures and statutory requirements, as set forth in the Code on file in the office of the Clerk/Treasurer pursuant to § 1-10.
This ordinance shall take effect upon passage and publication as required by law.