[HISTORY: Adopted by the Town Board of the Town of Fulton 9-12-1996
as Ch. 10 of the 1996 Code. Amendments noted where applicable.]
The purpose of this chapter is as follows: to restrict and regulate
public nuisances that may cause disease or injury if not regulated.
The Town Board of the Town of Fulton has the specific authority, powers
and duties, pursuant to § 66.0415, Wis. Stats., and Chs. 252, 254,
281 and 823, Wis. Stats., pursuant to the specific statutory sections noted
in this chapter and by 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 health and public sanitation 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 regulation, control, prevention and enforcement against
certain uses, activities, businesses and operations by persons that may affect
public safety and public order within the Town of Fulton.
No person shall:
A.
Cause, allow or permit any person to construct or permit
any drain, pipe, sewer or other outlet to discharge into a public highway,
road, alley or street any infectious or noxious matter in the Town of Fulton.
B.
Cause, allow or permit any person to discharge by any
means untreated domestic sewage into surface water or into any drainage ditch
in the Town of Fulton. No person shall cause, allow or permit to discharge
effluent or pumpage by any means whatsoever from any septic tank, dry well,
holding tank or cesspool into any surface water or into any drainage ditch
in the Town of Fulton.
C.
Cause, allow or permit any person to create a human health
hazard as defined in § 254.01(2), Wis. Stats., in the Town of Fulton.
The Town Board of the Town of Fulton, or its designated Health Officer, shall
order that person to abate or remove any such nuisance on private property,
and if the owner or occupant fails to comply the Town Board or its designee
may enter upon this property and abate and remove such nuisance, pursuant
to § 254.59(2), Wis. Stats. No person shall cause, allow or permit
any septic disposal in the Town of Fulton without complying with all state
laws and regulations and any County of Rock and Town of Fulton ordinances.
D.
Cause, allow or permit any person to operate and maintain
in the Town of Fulton a privy, septic tank, holding tank or cesspool after
connection of any building used for human habitation to a sewer main.
Any person owning, occupying or in charge of any public building in
the Town of Fulton [as "public building" is defined in § 101.01(12),
Wis. Stats.] shall keep the building clean and sanitary.
As used in this chapter, the following terms shall have the meaning
indicated:
Waters following no defined course or channel and not gathering into
any definite body of water but that diffuse themselves over the surface of
the ground.
A.
Any person or entity violating any provision of this chapter shall be subject to a forfeiture as provided in Chapter 1, § 1-4 and Chapter 20, Citations, of this Code. Each day's continuance of any violation shall constitute a separate violation. The imposition of one penalty for any violation of this chapter shall not excuse the violation or permit it to continue, and all persons on whom a penalty is imposed shall correct or remedy such violations or defects forthwith.[1]
B.
The application of the above penalty shall not prevent
the enforced removal of prohibited conditions and obtaining injunctive relief.
