[HISTORY: Adopted by the Town Board of the Town of Fulton 9-12-1996
as Ch. 1, Parts A and H of the 1996 Code. Amendments noted where applicable.]
A.
The Town Board of the Town of Fulton has the specific
authority, powers and duties, pursuant to §§ 60.10, 60.20,
60.22 and 60.23, Wis. Stats., and has, with authorization of the Town Meeting,
additional statutory authority, powers and duties to manage and direct certain
affairs of the Town of Fulton. In addition, the Town Board of the Town of
Fulton has additional general and specific statutory authority, powers and
duties established beyond Ch. 60, Wis. Stats.
The Town Board of the Town of Fulton has, by adoption of this chapter,
confirmed the specific statutory authority, powers and duties of the Town
Board of the Town of Fulton established in Ch. 60, Wis. Stats., and has established,
pursuant to the above-noted chapter and this chapter, other statutory authority,
powers and duties of the Town Board of the Town of Fulton to manage and direct
the affairs of the Town of Fulton.[1]
A.
The Town Board of the Town of Fulton may, pursuant to
§ 60.21, Wis. Stats., consist of up to five members and, in a county
containing only one town, up to seven members. In a town of 2,500 or more,
the Town Meeting may direct five members to be elected at large.
B.
Until changed, the Town Board of the Town of Fulton shall
consist of three members. The Town Board shall be designated the "Town Board
of the Town of Fulton."
A legal quorum of the Town Board of the Town of Fulton is a majority
of the members of the Town Board of the Town of Fulton. The current Town Board
consists of three members of which two members shall be a legal quorum when
they are in attendance at any duly called and any duly authorized public meeting
of the Town Board of the Town of Fulton.
A meeting of the Town Board of the Town of Fulton may be held within
the Town of Fulton or in any town, city or village within or adjoining the
Town of Fulton, subject to the open meeting provisions of Subchapter V of
Ch. 19, Wis. Stats.
The Town Board of the Town of Fulton has the below-noted specific powers
and specific duties that are established in §§ 60.22 and 60.23,
Wis. Stats. These powers and duties are:
A.
Village powers. The Town Board of the Town of Fulton
shall exercise powers relating to villages and conferred under Ch. 61, Wis.
Stats., except those powers which conflict with statutes relating to towns
and town boards.
B.
Charge of Town officers. The Town Board of the Town of
Fulton has charge of all affairs of the Town of Fulton not committed by law
to another body or officer or to a Town employee of the Town of Fulton.
C.
Chief of Police. The Town Board of the Town of Fulton
shall determine the jurisdiction and duties of the Town Chief of Police. The
Town Board may also require the Town Chief of Police to complete training
under § 165.85(4m), Wis. Stats.
D.
Charge of actions. The Town Board of the Town of Fulton
has charge of any action or legal proceeding to which the Town of Fulton is
a party.
E.
Pursue claims of Town. The Town Board of the Town of
Fulton shall demand payment of penalties and forfeitures recoverable by the
Town of Fulton and damages incurred by the Town of Fulton due to breach of
any official bond, any injury to property or other injury. If, following demand
by the Town Board of the Town of Fulton, payment is then not made, the Town
Board of the Town of Fulton shall pursue appropriate legal action to recover
the appropriate penalty, forfeiture or damages.
F.
Joint participation agreements. The Town Board of the
Town of Fulton may cooperate with state, county or other units of government
in Wisconsin pursuant to § 66.0301, Wis. Stats., including cooperative
arrangements involving the acquisition, development, remodeling, construction,
equipping, operation and maintenance of land, building and facilities for
regional projects whether or not located in the Town of Fulton.
G.
Utility districts in Town. The Town Board of the Town
of Fulton may establish utility districts pursuant to § 66.0827,
Wis. Stats., and may provide that any convenience or public improvement in
the district be paid for under that section.
H.
Appropriation for civic and other functions. The Town
Board of the Town of Fulton may, if authorized by the Town Meeting under § 60.10(3)(b),
Wis. Stats., appropriate reasonable amounts of money for gifts or donations
for those purposes specified in § 60.23(3), Wis. Stats.
I.
Town industrial development agency. The Town Board of
the Town of Fulton, in order to promote and develop the resources in the Town
of Fulton, may 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 of
Fulton industrial development agency created under this subsection may:
(1)
Develop data regarding the industrial needs of, advantages
of and sites in the Town of Fulton.
(2)
Engage in promotional activities to acquaint prospective
purchasers with industrial products manufactured in the Town of Fulton.
(4)
Engage in any other activity necessary for the continued
improvement of the industrial climate of the Town of Fulton.
J.
Cooperation in county planning. The Town Board of the
Town of Fulton may cooperate with the county in rural planning under § 27.019,
Wis. Stats., § 59.54(4) and (4m), Wis. Stats., and § 59.69,
Wis. Stats.
K.
Conservation of natural resources. The Town Board of
the Town of Fulton may, if authorized by the Town Meeting 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 of Fulton or beneficial to the Town of Fulton.
No payment may be made to a nonprofit organization unless the organization
submits and the Town Board of the Town of Fulton approves a detailed plan
of work to be done. The plan shall include the name of the owner of any property
on which work is to be performed.
L.
Obstruction in nonnavigable waters. The Town Board of
the Town of Fulton may remove, at the expense of the Town of Fulton, any obstruction
located in the Town of Fulton which prevents the natural flow of water in
a nonnavigable stream. One or more Town Board Supervisors, or a designee of
the Town Board of the Town of Fulton, may enter upon any land if necessary
to remove the obstruction. Included in the definition of "obstruction" are
man-made or natural obstructions to culverts which prevent the flow of water
through such culverts.
M.
Emergency pest and disease control. The Town Board of
the Town of Fulton may appropriate money for the control of insects, weeds
or plant or animal disease if:
(1)
An emergency arises within the Town of Fulton due to
insects, weeds or plant or animal diseases; and
(2)
The Town Board of the Town of Fulton determines that
any delay resulting from calling a Special Town Meeting to authorize the Town
Board of the Town of Fulton 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
of Fulton.
N.
Bowling alleys, pool tables and amusement devices. The
Town Board of the Town of Fulton may 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 Town Board of the
Town of Fulton shall establish the term of the license, not to exceed one
year, and the license fee. The Town Board of the Town of Fulton 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 of Fulton
an amount established by the Town Board of the Town of Fulton.
O.
Exchange tax credit for county land. The Town Board of
the Town of Fulton may authorize the Town Treasurer of the Town of Fulton
to exchange any credit the Town of Fulton has with the county, arising from
delinquent real estate taxes, for county-owned land.
P.
Associations of towns. The Town Board of the Town of
Fulton may appropriate money to purchase membership in any association of
town boards for the protection of town interests and improvement of town government.
Q.
Vacation of road, street, slip, pier, lane or alley.
The Town Board of the Town of Fulton may discontinue the whole or any part
of any road, street, slip, pier, lane or alley as provided for in § 66.1003.
R.
Change of street names. The Town Board of the Town of
Fulton may, by ordinance, name or change the name of any street in the Town
of Fulton under § 82.03(7), Wis. Stats.
S.
Use of firearms. The Town Board of the Town of Fulton
may regulate the careless use of firearms and impose forfeitures for violation
of the regulations.
T.
Fences in subdivisions. The Town Board of the Town of
Fulton may, if authorized under § 60.10(2)(c), Wis. Stats., to exercise
village powers, by ordinance require a subdivider to construct a fence under
§ 90.02, Wis. Stats., as a condition of plat approval by the Town
of Fulton. The fence shall be maintained under § 90.05(2), Wis.
Stats., and required under §§ 90.10 and 90.11, Wis. Stats.
U.
Disposition of dead animals. The Town Board of the Town
of Fulton may, notwithstanding § 59.54(21), Wis. Stats., and § 95.50(3),
Wis. Stats., dispose of any dead animal within the Town of Fulton or contract
for the removal and disposition with any private disposal facility.
Nothing contained in this chapter is intended to impair the authority
of the Town Board to act pursuant to other ordinances and codes of ordinances
that may now exist or exist in the future. The various powers of the Town
Board enumerated in this chapter are not intended to be all inclusive.
A.
Regular meeting of Town Board. The regular meeting of
the Town Board of the Town of Fulton will be held at the Town Hall located
at the unincorporated Village of Indianford at such time and date as may be
designated by the Town Board. Any regular meeting of the Town Board of the
Town of Fulton falling upon a legal holiday shall be held on the day designated
by the Town Board of the Town of Fulton. Any meeting of the Town Board of
the Town of Fulton, including any special or adjourned meeting, that is not
held at the Town Hall but at any other substitute location shall be designated
by the Town Chair of the Town of Fulton or his or her designee, in compliance
with the Open Meeting Law,[1] by posting a proper written notice of the substituted location
at the three usual and customary posting locations likely to give notice.
This notice shall occur at least 24 hours prior to the meeting of the Town
Board of the Town of Fulton, unless in an emergency wherein the proper notice
posting shall occur at least two hours prior to the meeting of the Town Board
of the Town of Fulton.
[1]
Editor's Note: See §§ 19.81 to 19.98, Wis. Stats.
B.
Special meeting of the Town Board. Any special meeting
of the Town Board of the Town of Fulton may be called by any two members of
the Town Board of the Town of Fulton in writing with the written call for
the special meeting of the Town Board of the Town of Fulton filed with the
Town Clerk/Treasurer of the Town of Fulton at least 24 hours prior to the
proposed special meeting of the Town Board of the Town of Fulton with the
time specified in the written call for the special meeting. No special meeting
of the Town Board of the Town of Fulton shall be held unless the notice requirements
of the State Open Meeting Law, pursuant to § 19.84, Wis. Stats,
have been complied with by the person or persons requesting the public meeting.
The Town Clerk/Treasurer of the Town of Fulton, upon receipt of the written
call for the special meeting of the Town Board of the Town of Fulton, shall
immediately notify, in writing, each member of the Town Board of the Town
of Fulton by delivering the written notice or by having the written notice
delivered personally to each member of the Town Board of the Town of Fulton.
If any member of the Town Board of the Town of Fulton cannot be personally
notified in writing, then the Town Clerk/Treasurer of the Town of Fulton shall
deliver or have delivered a copy of the written notice at the home of any
such member of the Town Board of the Town of Fulton in the presence of an
adult member of the family of the Town Board member. If any member of the
Town Board of the Town of Fulton cannot be noticed in writing through an adult
family member as noted above, then the Town Clerk/Treasurer of the Town of
Fulton shall post such special meeting written notice in the above-noted three
usual and customary locations.
(1)
The Town Clerk/Treasurer of the Town of Fulton shall
file proof of service of such special meeting notice by filing an affidavit
noting the time, place and location of authorized service of the special meeting
notice upon the Town Board of the Town of Fulton.
(2)
If personal service upon any member of the Town Board
of the Town of Fulton was not completed, then the Town Clerk/Treasurer of
the Town of Fulton shall so state in the affidavit the type of service or
written notice completed.
(3)
Special meetings of the Town Board of the Town of Fulton
may be held without such service and notice when all members of the Town Board
of the Town of Fulton are present in person or consent in writing to holding
of any special meeting of the Town Board of the Town of Fulton. Any consent
by any member of the Town Board of the Town of shall be filed by the Town
Clerk/Treasurer of the Town of prior to the beginning of any special meeting
of the Town Board of the Town of Fulton.
(4)
Special meetings of the Town Board of the Town of Fulton
attended by a quorum of the members shall be considered a regular meeting
of the Town Board of the Town of Fulton for the transaction of any Town of
Fulton business that may come before the Town Board of the Town of Fulton
if such regular Town business was so noted in the written notice to the public
as required by the State Open Meeting Law, § 19.84, Wis. Stats.
C.
Adjourned meeting of the Town Board. The Town Board of
the Town of Fulton may, by majority vote, adjourn any special meeting of the
Town Board of the Town of Fulton from time to time to a specific date and
hour. The adjournment to the specific time and place will be in compliance
with the Open Meeting Law.
D.
Order and conduct at Town Board meeting. A majority of
the Town Board of the Town of Fulton may place any properly noticed and lawful
matter, if in compliance with the Open Meeting Law, on the regular business
order agenda before the Town Board of the Town of Fulton at any regular or
special Town Board meeting.
(1)
The regular business order agenda for the Town of Fulton
shall be as is now customarily used and as may be revised by the Town of Fulton
and/or the Town of Fulton Clerk/Treasurer from time to time. Such agenda shall
fairly inform the public and press of the business to be conducted by the
Town of Fulton. Such agenda may include an agenda item inviting comments and
suggestions from residents of the Town of Fulton and other persons present,
commonly known as "citizens' input." The agenda may also contain an agenda
item to the effect of "such other and further business as may lawfully come
before the Town Board," provided that such agenda item is not used to mislead
the public and press as to matters that will be heard, considered, or acted
upon by the Town Board.
(2)
At the meeting of the Town Board of the Town of Fulton
any member of the Town Board of the Town of Fulton may take up any business
on the agenda in any other order unless there is objection by any other member
of the Town Board of the Town of Fulton.
E.
Quorum at roll call of meeting. If no legal quorum is
present at the time of the initial roll call, the meeting of the Town Board
of the Town of Fulton shall be thereon adjourned by the members of the Town
Board of the Town present to a specific date and hour.
F.
Absence of Town Clerk/Treasurer at meeting. If the Town
Clerk/Treasurer of the Town of Fulton is not present at the time of the initial
roll call of the meeting of the Town Board of the Town of Fulton, the Town
Chair shall appoint any other person present at the meeting of the Town of
Fulton to be the Town Clerk Pro Tem. The Town Clerk Pro Tem shall prepare
and maintain minutes of the meeting of the Town Board of the Town of Fulton.
G.
Absence of Town Chair at call to order of meeting.
(1)
The presiding officer at the meeting of the Town Board
of the Town of Fulton will be the Town Chair. If the Town Chair is not present
at the time for the call to order, the senior member of the Town Board of
the Town of Fulton present, known as "Supervisor 1," based on date of original
election as a member of the Town Board of the Town of Fulton, shall call the
meeting of the Town Board of the Town of Fulton to order, call the initial
roll call and shall preside as Town Chair until the Town Chair of the Town
of Fulton is able to preside at the meeting of the Town Board of the Town
of Fulton.
(2)
If the Town Chair of the Town Board of the Town of Fulton
will not be able to, at any time, preside at the meeting, the Town Board of
the Town of Fulton shall make this determination after the initial roll call
and then by motion elect an acting Town Chair for the meeting of the Town
Board of the Town of Fulton until the Town Chair of the Town of Fulton is
able to preside at the meeting.
H.
Vacation of Town Chair or presiding officer at meeting.
(1)
If the Town Chair of the Town of Fulton or any other
presiding officer of the Town Board of the Town of Fulton desires to speak
on any question or to make any motion, the Town Chair or the presiding officer
may speak or make a motion without vacating the chair or without designating
a member of the Town Board of the Town of Fulton to preside at the meeting
as Town Chair Pro Tem.
(2)
It shall be within the discretion of the Town Chair to
vacate the Chair and designate a member of the Town Board to preside at the
meeting either to the conclusion of a particular matter under consideration
or for the remainder of the meeting should the Town Chair reasonably conclude
that he or she has a conflict of interest in the matter or matters under discussion
or if he or she concludes that there would be an appearance of a conflict
of interest should the Chair not be so vacated. In the event of vacation of
the Chair, the Town Chair shall designate a member of the Town Board to preside
as Town Chair Pro Tem.
I.
Meeting in the public. Any business of any meeting of
the Town Board of the Town of Fulton shall be in open session and accessible
to the public, as provided by Wisconsin law.
J.
Audit of accounts. The Town Board of the Town of Fulton
shall at its meeting be presented by the Town Clerk/Treasurer with the accounts
of the Town of Fulton for auditing by the Town Board.
K.
Receipts of funds. Any officer, employee or agent of
the Town of Fulton in possession of funds or receipts or earnings of the Town
of Fulton shall deposit any such funds, receipts or earnings with the Town
Clerk/Treasurer on at least a weekly basis unless approved otherwise by the
Town Board of the Town of Fulton.
L.
Specific rules of conduct at Town Board meeting.
(1)
Robert's Rules of Order. Unless other rules of conduct
are specifically adopted and codified by ordinance by the Town Board of the
Town of Fulton, the Town Board and the meetings of the Town Board of the Town
of Fulton shall be governed by Robert's Rules of Order.
(2)
Speaking before Town Board. At a meeting of the Town
Board of the Town of Fulton no person, other than the members of this Board,
shall address the Town Board or any member of the Town Board. This provision
shall not apply to the Town Clerk/Treasurer, the Town Chief of Police or any
member of the Town Board. This provision shall also not apply under the specific
orders of business established to recognize residents of the Town or other
persons, under the specific order of business to recognize members of any
Town office, Town committee, Town agency, Town commission or a special board
or other Town officers, or except if the person has specifically requested
from a member of this Board the right to address the Town Board and then only
after the approval of either the presiding officer or the Town Board through
an affirmative vote by the Town Board.
(3)
Excused voting.
(a)
For voting upon orders, motions, resolutions, ordinances,
action items, business items or any other questions, all individual members
of the Town Board present at the meeting shall vote when that individual Town
Board member's name is called, unless for special cause a Town Board member
has been excused prior to the vote by an affirmative roll call vote of the
remaining members. However, no member of the Town Board shall be excused from
voting after the actual voting has commenced.
(b)
The Town Board of the Town of Fulton may establish its
own rules regarding when and if members are not to be voting because of any
special cause or causes or conflict of interest.
(c)
Any member of the Town Board of the Town of Fulton voting
in the majority on any matter may move for reconsideration of the vote at
the meeting or at a succeeding regular meeting where the topic is an agenda
item. A motion to reconsider being proposed and then defeated shall not be
renewed.
(4)
Change of vote. No member of the Town Board of the Town
of Fulton may change his or her vote on any action item, business item, motion
or question after the final result has been announced by the Town Clerk/Treasurer.
M.
Appointment of committees. The Town Board of the Town of Fulton
shall, at its first meeting following the Annual Town Meeting, or, if the
established agenda does not permit, at the second meeting, appoint or reappoint
persons to the following special offices of the Town Board of the Town of
Fulton, namely:
N.
Suspension of rules. These rules or any part of these rules or
any other rules of the Town Board of the Town of Fulton may be temporarily
suspended at any meeting of the Town Board, including any special meeting
of the Town Board, in connection with any matter under consideration by the
Town Board of the Town of Fulton. Any rule may be suspended by a recorded
affirmative roll call vote of 2/3 or more of the members of the Town Board
of the Town of Fulton present at the meeting of the Town Board of the Town
of Fulton.
O.
Amendment of rules. These rules or any part of these rules or
any other rules of the Town Board of the Town of Fulton may be altered or
amended at any meeting of the Town Board of the Town of Fulton, including
any special meeting of the Town Board of the Town of Fulton. Any rules may
be altered or amended by a recorded affirmative roll call vote of 2/3 or more
of the members of the Town Board of the Town of Fulton present at the meeting
of the Town Board of the Town of Fulton.
The Town Meeting of the Town of Fulton previously authorized, by adoption
of a resolution, that the Town Board of the Town of Fulton had and has the
specific authority, powers and duties noted above in Chs. 60 and 61, Wis.
Stats., and has established pursuant to these chapters and this Code the powers
and duties of the Town Board of the Town of Fulton to exercise village board
powers pursuant to §§ 60.22 and 61.34, Wis. Stats., and subject
to the conditions established in § 60.22, Wis. Stats.
Nothing contained in this chapter shall be deemed an election by the
Town Board of the Town of Fulton not to adopt any provision of the Town Parity
Act, 1993 Act 246. In the event there is a conflict between any Wisconsin
statute granting authority to a town to act using village powers and the authority
of the Town to act under the powers granted by the Town Parity Act, such conflict
will be resolved by the use of the Wisconsin law which affords the Town the
greatest power to act with regard to a particular matter.
As used in this chapter, the following terms shall have the meaning
indicated:
Devices provided for recreational and amusement activities, specifically
bowling alleys, billiards, pool tables, video games, jukeboxes and other similar
devices.
Taxes overdue and unpaid to the proper municipality
A weapon that acts by force of gunpowder.
The days designated by law and the Town of Fulton Board as exempt
from judicial proceedings, service of process or demand and protest of commercial
papers.
A meeting which is held in a place reasonably accessible to members
of the public and open to all persons at all times. In the case of a state
governmental body, it means a meeting which is held in a building and room
thereof which enables access by persons with functional limitations, as defined
in § 101.13(1), Wis. Stats.
Temporary. In connection with offices "pro tem" means temporary appointment.
A federal or state credit union, federal or state savings and loan
association, state bank, savings and trust company, mutual savings bank, or
national bank in this state which receives or holds any public deposits or
the local government pooled investment fund.
A majority of the number of members of a public body fixed by law
or ordinance.
A book published which establishes formal parliamentary procedures
for meetings.
The state statutes and interpretation by the court of those statutes
found in Ch. 19, Wis. Stats.
