[HISTORY: Adopted by the Town Board of the
Town of Fulton 9-12-1996 as Ch. 11 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 § 66.0415,
Wis. Stats., and Chs. 146, 254, 281 and 823, Wis. Stats., 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 cause a public nuisance 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, regulations,
controls and enforcement against certain uses, activities, businesses
and operations by persons that may cause a public nuisance in the
Town of Fulton.
[Amended 10-9-1997]
No person shall cause, allow or permit any person
to create any public nuisance areas on the premises owned, leased
or controlled by that person in the Town of Fulton.
A.
Public health nuisances. The following are specifically
declared by the Town of Fulton to be public health nuisances. This
declaration should not be construed to exclude other public nuisances
affecting public health in the Town of Fulton.
(1)
A rat harborage area where rats or other vermin can
live and breed.
(2)
A waste accumulation area where waste amounts in excess
of a normal and reasonable one-week accumulation are allowed to accumulate
without a proper waste management permit issued by the Town Board
of the Town of Fulton.
(3)
An unburied animal carcass area where a dead animal
or dead animals are not buried in a sanitary manner within 12 hours
of death.
(4)
A stagnant water area where mosquitoes, flies and
other insects are allowed harborage.
(5)
A noxious weed area where these noxious weeds are
allowed to exceed one foot.
(6)
A noxious odor area where emissions of any noxious
odors, foul odors, offensive odors, noisome odors, nauseous odors,
gases or stenches repulsive to the senses of ordinary persons are
allowed to continue to the substantial annoyance or substantial discomfort
of persons or are allowed to cause injury to persons or property in
the Town of Fulton.
(7)
A well pollution area where pollution from the premises
entering the groundwater has caused a private or public drinking water
well on another property to become contaminated.
(8)
A surface water pollution area where pollution from
the premises entering the surface water has caused a private or public
drinking water well on another property or any river, stream, lake,
ditch, canal or other body of water to become contaminated.
(9)
An air pollution area where emissions of smoke, soot,
fumes, gases, ash, dust or other pollutants into the atmosphere repulsive
to the senses of ordinary persons are allowed to continue to the substantial
annoyance or substantial discomfort of persons or are allowed to cause
injury to persons or property in the Town of Fulton.
(10)
A human burial area where a human body or bodies are
buried in the Town of Fulton outside of an established cemetery.
(11)
An unwholesome food area where unwholesome, contaminated
or polluted food or drink is sold or served on the premises to persons
in the Town of Fulton.
(12)
A dangerous building area where the building, structure,
or place or the electrical, heat or water supply is in a condition
and location to cause a menace or danger to the public health of persons
in the Town of Fulton.
(13)
An improper sewage area where the effluent from the
sewer, septic tank, holding tank or cesspool on the premises is in
a condition and location to cause a menace or danger to public health
of persons in the Town of Fulton.
(14)
A hazardous waste area where the discharge, disposal,
storage or treatment of hazardous, nuclear or toxic waste is allowed
to continue to the substantial annoyance or substantial discomfort
of persons or is allowed to cause injury to persons or property in
the Town of Fulton.
(15)
A noxious material discharge area where the discharge,
disposal, storage or treatment of noxious, filthy, decaying or nauseous
materials repulsive to the senses of ordinary persons is allowed to
continue to the substantial annoyance or substantial discomfort of
persons or is allowed to cause injury to persons or property in the
Town of Fulton.
(16)
A dog or dogs running at large.
B.
Public safety nuisances. The following are specifically
declared by the Town Board of the Town of Fulton to be public safety
nuisances. This declaration should not be construed to exclude other
public nuisances affecting public safety in the Town of Fulton.
(1)
An abandoned or wrecked motor vehicle area where motor
vehicles, tractors, house trailers, railroad cars and semitrailer
boxes are allowed to remain without a proper junkyard permit issued
by the Town Board of the Town of Fulton.
(2)
A dilapidated building area where old or dilapidated
buildings, structures and equipment are allowed to stand while they
are dangerous, unsafe, unsanitary, uninhabitable or otherwise unfit
for human use and occupancy.
(3)
A dangerous tree area where trees and limbs are in
a condition and location to cause a menace or danger to public safety
of persons in the Town of Fulton.
(4)
An illegal building area where buildings were constructed,
repaired, expanded or altered illegally in violation of any Town of
Fulton or County of Rock ordinances or state and federal laws and
regulations in the Town of Fulton.
(5)
An improper structure area where signs, billboards,
awnings and other structures are improperly, illegally or unsafely
installed or maintained near public highways, roads, streets, sidewalks,
parks, public buildings, public premises or other public places in
a condition and location to cause a menace or danger to public safety
of persons in the Town of Fulton.
(6)
A loud noise area where loud, discordant and unnecessary
sounds, including but not limited to the sounds of motor vehicles,
animals, firearms or music repulsive to the senses of an ordinary
person, are allowed to continue to the substantial annoyance or substantial
discomfort of persons or injury to person or property in the Town
of Fulton.
(7)
A low wire area where wires over public highways,
roads, streets, alleys, parks, public buildings, public premises or
other public places are installed or maintained in a condition or
location to cause a menace or danger to public safety of persons in
the Town of Fulton.
(8)
An unauthorized traffic sign area where unauthorized
signs, signals, markings or other sign devices are installed or maintained
near a public highway, road, street, alley or railroad crossing and
which purport to be or can be mistaken for an official sign or other
traffic control device or which because of their location, color,
manner of operation or structure will interfere with any official
traffic control device in the Town of Fulton.
(9)
An obstruction area where structures, hedges, trees,
weeds, signs, billboards, buildings or equipment is installed or maintained
near a public highway, road, street, alley or railroad crossing and
due to the condition and location block a clean view of traffic that
causes a menace or danger to public safety of persons in the Town
of Fulton.
(10)
One or more semitrailer boxes, whether with wheels
off or on, not used regularly for hauling cargo over the road unless
the premises is zoned to allow such.
C.
Keeping of deleterious material. To prevent a public
nuisance, no person in the Town of Fulton shall cause, allow or permit
any person to keep on premises owned, leased or controlled by that
person any deleterious or septic material, unless the material is
kept in proper containers which will prevent access to humans, flies,
insects, vermin and other animals.
[Amended 10-14-1999]
A.
Nonregistered motor vehicle storage prohibited.
(1)
No person owning or being in possession of any motor
vehicle that does not have valid current registration shall allow
such vehicle to remain on any public street or grounds longer than
48 hours or upon private property longer than 10 days, that is within
the ordinary public view, after notification thereof by the Town Police
Chief or his designee or other designee of the Town Board. Notification
shall be accomplished by placing in a conspicuous place on the vehicle
a dated notice and by mailing or serving upon the owner of the vehicle
and/or the owner (including any tenant) of the property in which said
vehicle is located a dated written notice bearing the same date as
the vehicle notice setting forth the following or substantially the
following: "Warning. This vehicle is declared to be a public nuisance
because of its nonregistration. You must obtain current valid registration
for said vehicle within 48 hours. If a valid registration is not obtained
within said period of time, this vehicle is declared to be a public
nuisance and it may be removed and disposed of by the Town of Fulton
as provided in its Town Code."
(2)
No person, after notification to register any nonregistered
vehicle, shall move the same to any other public location or private
location within the ordinary public view upon which such storage would
not be permitted under this section. Whenever the Town Chief of Police
or Town Board shall find or be notified that any such vehicle has
been so removed, the time periods as originally provided for herein
as applicable shall continue to apply notwithstanding such removal.
In addition, such removal constitutes a separate offense under this
chapter.
(3)
Subsection A(1) and (2) shall not apply to a motor vehicle in an enclosed building, a vehicle in an appropriate storage place or depository maintained in a lawful place and manner authorized by the Code of the Town of Fulton, or a vehicle on private property not within the ordinary public view, or vehicles that are exempt from registration under Wisconsin Statutes or this Code.
B.
DISABLED MOTOR VEHICLE
VEHICLE or MOTOR VEHICLE
Definitions. As used in this section, the following
terms shall have the meaning indicated:
Any motor vehicle which has been junked, wrecked, or damaged
or from which parts, accessories, or equipment has been removed so
that the same is not capable and cannot be operated in its then current
condition safely and legally upon any street or highway.
A motor vehicle, motor truck automobile, motor bus, station
wagon, truck tractor or semitrailer but does not mean a motor home,
trailer or snowmobile, all as defined in relevant sections of the
state statutes which are adopted by reference herein, whether or not
the vehicle is registered under Ch. 341, Wis. Stats.
C.
Abandonment of vehicles or disabled vehicles prohibited.
(1)
No person shall leave any abandoned vehicle or disabled
vehicle within the Town of Fulton that is in violation of this Code.
(2)
Presumption of abandonment.[1]
(a)
Any vehicle left unattended for more than 48 hours on any public street or grounds or for more than 10 days on private property, within the ordinary public view, is deemed abandoned and constitutes a public nuisance subject to notification thereof by the Town Chief of Police or Town Board. Any disabled vehicle also constitutes a public nuisance subject to notification thereof by the Town Chief of Police or Town Board. Notification shall be accomplished by placing in a conspicuous place on the vehicle a dated notice and by mailing or serving upon the owner of the vehicle and/or the owner (including any tenant) of the property in which said vehicle is located a dated written notice bearing the same date as the vehicle notice setting forth the following or substantially the following: "Warning. This vehicle is deemed abandoned/disabled and constitutes a public nuisance. You must remove the vehicle from this location so as to abate this public nuisance within 48 hours. Any vehicle so noticed which is not removed within 48 hours may be removed and disposed of as provided in Chapter 318 of the Code of the Town of Fulton."
(b)
No person, after notification to remove any
abandoned/disabled vehicle, shall move the same to any other location,
either public or private, under which such storage is not permitted.
Whenever the Town Chief of Police or Town Board finds that any such
vehicle has been so removed, the time periods as originally provided
for herein as applicable shall continue to apply notwithstanding such
removal. In addition, such removal constitutes a separate offense
under this chapter.
D.
Removal and impoundment or sale. Any vehicle found
in violation of this section and deemed a public nuisance pursuant
to this chapter shall be impounded by the Town of Fulton until lawfully
claimed or disposed of as provided in this section. If the Town Chief
of Police, the Town Board or its designee determines that towing and
storage fees for the minimum period of impoundment would exceed the
value of the vehicle, the vehicle may be junked or sold by the Town
prior to the expiration of the impoundment period upon determination
by the Town Chief of Police that the vehicle is not stolen or otherwise
wanted for evidence or other reasons, provided that vehicles in excess
of 19 model years of age shall be sold or disposed of only by auction,
sale or sealed bid in accordance with the provisions of this section.
E.
Minimum impoundment period. The minimum period of
impoundment or storage of a vehicle found in violation of this section
shall be 10 days.
F.
Notice to owner. The Town official removing or causing
the removal of any vehicle found in violation of this section shall
immediately notify the Town Chief of Police or Town Board of the abandonment
and location of the impounded vehicle and shall as soon as practicable,
but not more than 10 days thereafter, notify the owner and lienholders
of record, by certified mail, of the impoundment and of their right
to reclaim the vehicle. The notice shall set forth the information
contained in § 342.40(3), Wis. Stats., and shall state that
the failure of the owner or lienholders to exercise their rights to
reclaim the vehicle shall be deemed a waiver of all right, title and
interest in the vehicle and a consent to sale of the vehicle.
G.
Sale. Each retained vehicle not reclaimed by the owner
or lienholder may be disposed of by sealed bid or auction sale as
provided in § 342.40(3), Wis. Stats.
H.
Sale to bar claims against vehicle. The sale of a
motor vehicle under the provisions of this section shall forever bar
all prior claims thereto and interest therein except as hereinafter
provided.
I.
Purchaser to remove vehicle. The purchaser of any vehicle on sealed bid or auction sale under Subsection G shall have 10 days to remove the vehicle from the storage area upon payment of a storage fee as set by the Town Board for each day the vehicle has remained in storage after the second business day subsequent to the sale date. Ten days after the sale, the purchaser shall forfeit all interest in the vehicle and the vehicle shall be deemed to be abandoned and may be again sold.
J.
Request for list. Any listing of vehicles to be sold
pursuant to this section shall be made available by the Town Clerk/Treasurer
to any interested person or organization who or which makes a written
request therefor, for a fee as set by the Town Board.
K.
Notice to Department of Transportation. Within five
days after sale or disposition of a vehicle under this section, the
Town Clerk/Treasurer shall advise the Wisconsin Department of Transportation
of such sale or disposition on a form supplied by the Department.
L.
Owner may file. At any time within two years after
the sale of a motor vehicle as provided herein, any person claiming
ownership of such motor vehicle or a financial interest therein may
present a claim to the Town Board setting forth such facts as are
necessary to establish such ownership or interest and that the failure
of the claimant to reclaim the vehicle prior to sale was not the result
of the neglect or fault of the claimant. If the Town Board is satisfied
as to the justice of such claim, it may allow the same, but in no
case shall the amount allowed exceed the sum paid into the Town treasury
as the result of the sale of such motor vehicle, nor the amount of
interest of the claimant therein.
M.
Exemption. Any owner or person operating a registered
vehicle which shall become disabled or inoperative for any reason,
and who shall be unable to cause removal of such vehicle from any
alley, street, highway or public place, not otherwise regulated as
a restricted parking, stopping or standing zone, shall, within 12
hours of such occurrence, notify the Town Chief of Police or Town
Board of the location of the vehicle and shall transfer and deliver
clear title for said vehicle to the Town together with a fee as set
by the Town Board to offset the cost of towing and junking charges
and shall be exempt from the provisions of this section. When so requested
by the owner or person in charge of a vehicle, the Town Chief of Police
or Town Board shall be authorized to order such vehicle removed and
junked directly from the scene of disablement by the contractor engaged
by the Town for towing of disabled vehicles.
[Added 7-6-2010[1]]
No person owning property within the Town shall permit to grow
or pollinate upon his or her residential lot or that portion of a
lot on which a residential structure is located and in its immediate
vicinity any noxious weeds or weeds or grasses which cause or produce
hay fever in human beings, exhale unpleasant or noxious odors or conceal
filthy deposits. In order to prevent such growth and pollination,
it shall be the duty of every property owner to mow or cause to be
mowed upon his or her residential lot or that portion of a lot on
which a residential structure is located and in its immediate vicinity
all grasses or weeds exceeding one foot in height.
[Added 7-6-2010]
It shall be the duty of the Weed Commissioner to enforce § 318-5, and if any person shall fail to comply, the Commissioner shall send a certified letter with a fee of $25 for administration costs and, after five days' written notice to the owner, cause the premises to be mowed and report the cost thereof, in writing, to the Clerk in the manner provided in § 66.0517, Wis. Stats. Such charge shall be entered on the next tax roll, in a column headed "For the Destruction of Weeds," as a tax on the lands upon which the weeds were destroyed, unless such lands are exempt from taxation. The cost to be charged by the Weed Commissioner pursuant to this section shall be $100 per hour, with a minimum fee of $100. The hourly rate and minimum fee may be adjusted from time to time by resolution of the Town Board.
As used in this chapter, the following terms
shall have the meaning indicated:
Deserted, surrendered or ceded.
Signboards for advertising posters.
A weapon that acts by force of gunpowder.
Any of the waters of the State of Wisconsin occurring in
a saturated subsurface geological formation or permeable rock or soil.
Any place which is owned, maintained, operated or used for
storage, keeping, processing, buying or selling junk, including refuse
dumps, garbage dumps, automobile graveyards, scrap metal processors,
auto wrecking yards, salvage yards, auto recycling yards, used auto
parts yards and temporary storage of automobile bodies or parts awaiting
disposal as a normal part of a business operation when the business
will continually have like materials located on the premises, and
sanitary landfills. This definition does not include litter, trash
and other debris scattered along or upon the highway, or temporary
operations and outdoor storage of limited duration.
The following weeds: Canada thistle, leafy spurge, field
bindweed (creeping Jenny), all weeds and grasses on a residential
lot exceeding one foot in height, which could constitute a fire hazard
and/or which, if allowed to pollinate, would cause and produce hay
fever in human beings, exhale unpleasant or noxious odors or cause
skin rash through contact with skin, and such other weeds as determined
by resolution of the Town Board for the Town of Fulton.
[Amended 11-9-2010]
Those signs posted for official public notice in the Town
of Fulton.
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.
Any substance, other than a radioactive substance, which
has the capacity to produce personal injury or illness to persons
through ingestion, inhalation or absorption through any body surface.
[Amended 10-14-1999; 11-13-2007]
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. The Township may notify the Wisconsin Department of Transportation to suspend the driving privileges of the person obligated to pay said forfeiture for a period of up to five years or until such time as said forfeiture is paid, with a minimum period of suspension of 30 days. 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. The application of the above penalty shall not prevent the enforced removal of prohibited conditions and obtaining injunctive relief.
