ORDINANCE # 11__
ORDINANCE TO REGULATE ANY PERSONS FROM OBSTRUCTING OR
DAMAGING TOWN ROADS OR ROAD RIGHT-OF-WAYS IN THE PROCESS OF HAULING, LOGGING,
CONSTRUCTION, AND/OR OTHER SERVICES.
SECTION I PURPOSE:
The purpose of this ordinance is to avoid damages and repair roadways in the
Town of
SECTION II CONDITIONS OF ISSUANCE:
All persons shall notify the Town board prior to any logging, hauling of heavy
equipment, construction and or other activities or services which may cause
damage to the town roads in the Town of Minong: All contractors shall
obtain approval from the Town Board of the Town of Minong for the placement
of culverts and / or fill onto town roads.
Loggers shall have their landings at least 150 feet from the road
right-a-way. They shall have no slash any closer than 75 feet from the
center line. They shall make logging roads at a 45-degree angle in the
direction of hauling, and shall be graded up higher than the town road.
SECTION III VIOLATIONS:
Anyone doing damage to any roads and /or ditches while in the process of
hauling, logging, construction, and or other activities or services shall be
properly notified and responsible for the repair of such damages as they
occur. If said damages are not repaired by the responsible party:
the town highway department will make all necessary repairs or hire the work
done, and all costs or related bills will be forwarded to the responsible party
for collection.
SECTION IV VALIDITY:
Should any section, clause or provision of this Ordinance be declared by the
courts to be invalid, the same shall not affect the validity of the Ordinance
as a whole or any part thereof, other than the part so declared to be invalid.
SECTION V EFFECTIVE DATE
This ordinance shall be in full force and effective on
the _______ day of ________ 2002, after proper notice and publication of said
ordinance according to law.
Filed this _______day of ___________2002
Approved by:
Town Board – Town of Minong
CHAIRMAN
SUPERVISOR 1
SUPERVISOR 2
Attested By: Town of
This ________ day of ________________2002
ORDINANCE # 8
An ordinance regulating the installation of private driveways
onto the Town of
SECTION 1. PURPOSE:
The purpose of the Ordinance is to provide safety to the citizens when either
using Town of
SECTION II. PERMITS:
A. Permits are required for all private driveways and roads
with access onto Town of
B. All sights must be inspected and approved before any earth
moving is started.
C. All permits are subject to the approval or denial of the
Minong Town Board.
D. Permits will be available from: Washburn County Zoning,
Minong Town Clerk or Road Crew.
SECTION III. CONDITIONS OF ISSUANCE:
(a). The applicant indicated on the permit represents all parties in
interest, that any driveway or approach constructed by or for him is for the
bona fide purpose of providing access to his property.
(b). The permitee shall
furnish all materials, do all the work, and pay all costs in connection with
the construction of the driveway and it’s appurtenances on the highway
right of way. In every instance, the subsequent maintenance of the
driveway and it’s appurtenances within the limits of the highway right of
way shall be the responsibility of the indicated permittee,
who shall be obliged to pay all costs and accomplish all works necessary in
relation to said maintenance of the driveway facility.
(c). The driveway installation shall be made
without jeopardy to or interference with traffic using the
highway.
(d). Highway surfaces, shoulders, ditches and
vegetation that are disturbed by the driveway installation shall be restored to
at least the pre-existing conditions by the driveway construction.
(e). The surface of the driveway connecting with the highway shall slope
down and away from the highway shoulder a sufficient amount and distance to
preclude ordinary surface water drainage from the driveway area flowing onto
the highway road bed.
(f). The driveway shall not obstruct or impair
drainage in highway side ditches. Driveway culverts where necessary,
shall be adequate for surface water drainage along the highway and in no case
less equivalent of a 12 inch diameter pipe.
(g). No revisions or additions shall be made to
the access driveway or it’s appurtenances on the right-of-way without the
permission of the Minong Town Board or the Road Crew.
(h). The Town of Minong does not assume any
responsibility for the removal or clearance of snow, ice or sleet, or the
opening of windrows of such material, upon any portion of any driveway or
entrance along any Town highway, even though snow, ice and sleet is deposited
or windrowed on said driveway or entrance by its authorized representative
engaged in normal winter maintenance operations.
(i). The permittee,
his successors or assignees agree to hold harmless the Town of Minong and
it’s duly appointed agents and employees against any action for personal
injury or property damage sustained by exercise of this permit.
AMENDMENT: For purposes of snowplowing and availability of emergency equipment,
driveways must be cleared of all trees, rocks, stumps, debris, etc. at a
distance of 20 feet wide by 16 feet high, with ample room to turn equipment
around. AMENDED this 9th day
of September 2002.
SECTION IV. ENFORCEMENT
AMENDED: All costs incurred by the Town relating to the
enforcement of this Ordinance or in making the determinations or inspections
necessary hereunder, shall be paid by the property owner, including, but not
limited to, any costs to the Town for bringing such driveways up to the
provisions of this Ordinance if property owner refuses to do the same.
Town administrative and inspection costs shall be payable by the permit fee
established by the Town Board at the Town Board Meeting on July 14, 2003.
Said fee will be set at. $20.00. This fee is subject to
change upon the discretion of the town board, but only at a properly noticed
public meeting. If any of the required costs are not covered by the
property owner, said costs can be charged back to the landowners property taxes
as a special assessment
SECTION V. VIOLATIONS
Violation of this Ordinance is subject to a fine of $500.00 and/or the
restoration of the entry onto the Town of
SECTION VI. VALIDITY:
Should any section, clause or provision of this Ordinance be declared by the
courts to be invalid, the same shall not affect the validity of the Ordinance
as a whole or any part thereof, other than the part so declared to be invalid.
SECTION VII. WHEN EFFECTIVE:
This Ordinance shall be in force after its passage, publication and recording
according to law.
Passed and adopted by the Minong Town Board this 20th day of September, 1999.
Amended
______________________________
______________________
Town Chairman
Date
________________________________________
______________________________
Supervisor #1
Date
________________________________________
______________________________
Supervisor #2
Date
ATTESTED BY TOWN CLERK
________________________________________
______________________________
Town Clerk
Date
ATV ORDINANCE
TOWN OF
An
ordinance regulating the use of All-Terrain Vehicles within the Township of
Minong, Washburn County, State of Wisconsin has been adopted pursuant to
Wisconsin Statutes 23.33 (8)(b).
The
Town Board of the Town of
1. That the following named
roads in the Town of Minong shall be designated as all-terrain vehicle routes, between
those areas POSTED with all-terrain
vehicle route signs; and that the roads
must be properly signed as required for ATV travel and are not part of the
designated route until such signs are in place:
AMENDMENT TO ORDINANCE –ATV TRAVEL ON DESIGNATED BLACKTOP ROADS WILL BE ON THE BLACKTOPPED ROADBED, NOT ON THE ROADSIDES OR SHOULDERS. PER BOARD DECISION AT THE JULY 12, 2004 TOWN BOARD MEETING:
AMENDMENT TO ORDINANCE – ALL ATV TRAVEL ON ANY DESIGNATED TOWN ROADS OR TRAILS WILL BE SUSPENDED DURING ANY TIMES OF VERY HIGH OR WORSE FIRE DANGER OR FIRE EMERGENCY INDICATED BY THE WISCONSIN DEPARTMENT OF NATURAL RESOURSES. ALL TRAVEL WILL REMAIN RESTRICTED CONTINGENT UPON FIRE BANS BEING LIFTED OR WHEN FIRE DANGER HAS SUBSIDED:
PER
BOARD ORDER AT THE
ORIGINAL ROADS INCLUDED WITH
ORDINANCE
B.
C. Gilmore
Drive going north and south form County I to Nancy Lake Road .06 mile.
D.
E.
G. Log Cabin
Road going north from St. Croix Trail to Little Sand Lake Rd (Douglas Co) 3
miles.
I. St. Croix
Trail Road going east and west from Kimball Lake Rd to County Line Road 5
miles.
J. One Mile Road from Douglas
Co south to Big Sand Road then Big Sand Rd in an easterly direction to Log
Cabin Road.
K. Peninsula Road to
L.
AMENDED – NEW SECTION & ROAD - At Town Board
Meeting
M. Peninsula Road South on
Deeper
N.
AMENDED – NEW ROAD - At Town Board Meeting
O.
P.
Q.
R.
S. CC Road from Nancy Lake Rd
north to East Flowage Road to Sun Point Rd then east on Sun Point Rd to Smith
Bridge Road then proceed north on Smith Bridge Rd to Town of Wascott line.
Chicog opening
their end of
T.
U. Lone
AMENDED
– NEW SECTION – At Town Board Meeting
V. ¼ mile of
W. 1 ¾ mile of
X. 1/3 mile on
Y.
Z.
AA.
BB.
AMENDED – NEW ROAD
– At Town Board Meeting
CC. 1 mile of
DD.
AMENDED – NEW ROAD
– At Town Board Meeting
EE. Whitetail Drive to
proceeding
north to public landing.
AMENDED – NEW ROAD
– At Town Board Meeting
FF.
connect with existing trail. Approximately 1 mile.
GG.
(Douglas County Line) approximately 3 miles.
AMENDED – ADDITION AND
NEW ROAD – At Town Board Meeting
HH.
Flowage Rd beginning at the public boat landing to
II.
AMENDED – ADDITION –
At Town board Meeting May 12, 2008
JJ. Big
AMENDED – NEW ROAD –
At Town Board Meeting
AMENDED – NEW ROAD –
At Town Board Meeting
LL Tota Drive as far as
AMENDED – NEW ROAD –
At Town Board Meeting
MM Island
View Road running north and south between Big Sand Lake Road and Little Sand
Road. Entire road.
AMENDED – CORRECTION FROM
PREVIOUS ROADS –
NN Middle
Road starting at Twin Lake Road proceeding south east to town line,
approximately 1/8 mile.
AMENDED – NEW SECTION
OF ROAD – At Town Board Meeting
AMENDED – NEW ROAD –
At Town Board Meeting
PP
AMENDED – NEW ROAD –
At Town Board Meeting
1. The speed limit shall be 35
miles per hour while operating on all Town of Minong gravel roads, and 25 miles
per hour while operating on all Town of Minong paved roads. NOTE: State law restricts all-terrain vehicle
speed to 10 miles per hour within 150 feet of a dwelling at all times/ 24 hrs per day.
2. All-terrain vehicles shall
operate of the extreme right side of the roadway and travel with the flow of
traffic.
3. All-terrain vehicles shall
be operated in single file.
4. All-terrain vehicle
operators shall yield the right-of-way to all other vehicular traffic and
pedestrians.
5. Headlamps shall be turned on
and in proper working order at all times while operating on designated township
roadways.
6. A minor who is 12 to 15 years of age may only operate on an all-terrain
vehicle route, if the minor holds an ATV safety certificate issued by Wisconsin
DNR; children under 12 cannot operate on any roadway or (route) per State law.
7. Operators of all-terrain
vehicles travel at their own risk and the Town of Minong will not be liable for
any damages or injuries to operators of all-terrain vehicles occurring in the
Town of Minong.
8. The Washburn County
Sheriff’s Department is hereby designated as the law enforcement agency
responsible for enforcing the provisions of this ordinance.
10. The penalty for violating any of the
provisions of this Ordinance is the same as listed in
S.23.33, Wisconsin Statutes, as adopted
by reference.
11. This Ordinance shall be
effective upon passage and publication as provided by law and shall
repeal and replace all previous all-terrain ordinances heretofore
enacted by the Town of Minong.
Should
any section, clause, or provision of this Ordinance be declared by the courts
to be invalid, the same shall not affect the validity of the Ordinance as a
whole or any part thereof, other than the part so declared to be invalid.
_____________________________________Chairman Date ________________
_____________________________________Supervisor Date________________
_____________________________________Supervisor Date________________
_____________________________________Supervisor Date________________
_____________________________________Supervisor Date________________
I
hereby certify that the above Ordinance was adopted by the Town Board of the
Town of Minong on the 9th day of September 2002. I also hereby certify that Amendments have
been added on the _14th _ day of October 2002, the __9th_day of December 2002,
was revised per state advisement on
the 3rd day of March 2003, and amended the _17th_day
of March 2004, the __14th_day of June 2004, the 12th day of July 2004, the 9TH day of August 2004, the 13th day of December 2004, the 14th day of March 2005, the 13th day of June, 2005, the 11th day of July 2005, the 12th day
of June 2006, and the 8 th day of
January 2007, and the 11th day of
June, 2007, Roads closure amendment
the 9th day of July 2007.
Including amendment and clarifications made on the 13th day of August 2007.
___________________________________ATTESTED BY _____________________
TOWN
CLERK DATE
ORDINANCE GOVERNING
INVESTIGATION OF FIRES
TOWN OF MINONG
ORDINANCE # _13_
ORDINANCE FOR POLICE POWER OF THE FIRE DEPARTMENT: INVESTIGATION OF FIRES
SECTION I PURPOSE:
The purpose of this ordinance is for the safety of the community and residents
of the Town of Minong.
SECTION II CONDITIONS OF ISSUANCE:
Police Authority at Fires.
1. The Chief and assistants or officers in command at any
fire are hereby vested with full and complete police authority at fires.
Any officer of the Department may cause the arrest of any person failing to
give the right-of-way to the Fire Department in responding to a fire.
2. The Fire Chief may prescribe certain limits in the
vicinity of any fire within which no persons, excepting firemen and policemen
and those admitted by order of any officer of the Department, shall be
permitted to come.
3. The Chief shall have the power to cause the removal of any
property whenever it shall become necessary for the preservation of such
property from fire or to prevent the spreading of fire or to protect the
adjoining property, and during the progress of any fire he shall have the power
to cause the removal of all wires or other facilities and the turning off of
all electricity or other services where the same impedes the work of the
Department during the progress of a fire.
Fire Inspection Duties.
l. The Fire Chief shall be the Fire Inspector of the Town of
Minong and shall have the power to appoint one or more deputy Fire Inspectors
and shall perform all duties required of the Fire Inspectors by the laws of the
State and rules of the Department of Industry, Labor and Human Relations,
particularly Section 101.14, Wisconsin Statutes.
2. While acting as Fire Inspector pursuant to Sec. 101.14(2),
Wis.Stat., the
Fire
Chief or any officer of the Fire Department designated by the Fire Chief, shall
have the right and authority to enter any building or upon any premises in the
Town of Minong at all reasonable hours for the purpose of making
inspections or investigations which, under the provisions of this Code of
Ordinances, he may deem necessary and, if such directions be no complied with,
to report such noncompliance to the Town Board for further action.
3. The Chief of the Fire Department is required, by himself
or by officers or members of the Fire Department designated by him as fire
inspectors, to inspect all buildings, premises and public thoroughfares, except
the interiors of private dwellings, for the purpose of ascertaining and causing
to be corrected any conditions liable to cause fire, or any violations of any
law or ordinance relating to the fire hazard or to the prevention of fires.
Such inspections shall be made at least once in six (6) months in all of the
territory served by the Fire Department and oftener as the Chief of the Fire
Department orders. Each six (6) month period shall begin on January 1,
and July 1.
4. Written reports of inspections shall be made and kept on
file in the office of the Chief of the Fire Department in the manner and form
required by the Department of Industry, Labor and Human Relations. A copy
of such reports shall be filed with the Fire Chief.
State Law Reference: Section 101.14(2), Wis. Stats.
SECTION III VIOLATIONS: GENERAL PENALTY
(a) General Penalty. Except where a penalty is provided
elsewhere in this Code, any person who shall violate any of the provisions of
this Code shall upon conviction of such violation, be subject to a penalty,
which shall be as follows:
1. FIRST OFFENSE –Penalty. Any person who shall
violate any provision of this Code shall, upon conviction thereof, forfeit not
less than Twenty-five dollars ($25.00)nor more than
One Thousand dollars ($1,000.00) for each such offense, together with the costs
of prosecution and, in default of payment of such forfeiture and costs of
prosecution, shall be imprisoned in the County jail until such forfeiture and
coasts are paid, but not exceeding ninety (90) days.
2. SECOND OFFENSE –Penalty. Any person found
guilty of violating any ordinance or part of an ordinance of this Code who
shall previously have been convicted of a violation of the same ordinance
within one year shall upon conviction thereof, forfeit not less than Fifty
dollars ($50.00) nor more than One Thousand dollars ($1000.00) for each such
offense, together with costs of prosecution and in default of payment of such
forfeiture and costs shall be imprisoned in the County jail until such
forfeiture and costs of prosecution are paid, but not exceeding six (6) months.
(b) Continued Violations. Each violation and each day a
violation continues or occurs shall constitute a separate offense.
Nothing in this Code shall preclude the Town from maintaining any appropriate
action to prevent or remove a violation of any provision of this Code.
(c) Other Remedies. The Town shall have any and all
other remedies afforded by the Wisconsin Statutes in addition to the
forfeitures and cost of prosecution above.
SECTION IV VALIDITY
Should any section, clause or provision of this Ordinance be declared by the
courts to be invalid, the same shall not affect the validity of the Ordinance
as a whole or any part thereof, other than the part so declared to be invalid.
Whenever any standard code, rule, regulation, statute or other written or
printed matter is adopted by reference, it shall be deemed incorporated in a
Code of Ordinances as if fully set forth herein and the Town Clerk/Treasurer
shall maintain in their office a copy of any such material as adopted and as
amended from time to time. Material on file at the
Clerk/Treasurer’s office shall be considered public records open to
reasonable examination by any person during the office hours of the Town
Clerk/Treasurer subject to any restrictions on examination as the Town
Clerk/Treasurer imposes for the preservation of the material.
SECTION V EFFECTIVE DATE
(A) Code. The code of Ordinances, Town of Minong,
Wisconsin when adopted shall take effect as provided
by state law.
(B) Subsequent Ordinances. All Ordinances passed by the
Town of Minong subsequent to the adoption of the Code of Ordinances, except
when otherwise specifically provided, shall take effect from and after their
publication.
State Law Reference: Code of Ordinances, Sec. 66.035, Wis
Stats.
This ordinance shall be in full force and effective on the _______ day of
________ 2002, after proper notice and publication of said ordinance according
to law.
Filed this _______day of ___________2002
Approved by:
Town Board – Town of Minong
___________________________________
CHAIRMAN
___________________________________
SUPERVISOR 1
___________________________________
SUPERVISOR 2
___________________________________
Dated this ________day of _______2003
Attested By: Town of Minong
TOWN CLERK
TOWN OF MINONG
ORDINANCE ESTABLISHING
JURISDICTION AND DUTIES OF
TOWN CONSTABLE
ORDINANCE _#10_____
WHEREAS, effective May 20, 2002, pursuant to 1983 Wis. Act
532, Sec 60.22(4) the Town Board shall determine the jurisdiction and duties of
the town constable;
WHEREAS, it is in the public interest and welfare to
establish the jurisdiction and duties of the constable of the Town of Minong,
as provided herein.
NOW, THEREFORE, the Town Board of Supervisors of the Town of
Minong, Washburn County does ordain as follows:
SEC. 1 STATUTORY AUTHORITY:
Pursuant to Sec. 60.22 (4) and Sec 60.35 of 1983 Wisconsin
Act 532, the Town Board of Supervisors of the Town of Minong, Washburn County
hereby establishes the jurisdiction and duties of the town constable of the
Town of Minong, Washburn County as described herein.
SEC. 2 JURISDICTION AND DUTIES:
The town constable of the Town of Minong, Washburn County
shall:
(1) Attend upon sessions of the Circuit Court in his county
when required by the sheriff.
(2) Inform the District Attorney of all trespasses on public
lands on which he has knowledge or information.
(3) Impound cattle, horses, sheep, swine, and other animals
at large on the highways in violation of any duly published order or ordinance
adopted by the Town Board.
(4) Cause to be prosecuted all violations of law of which he
has knowledge or information.
(5) Perform all other duties required by any law.
(6) Cause to be enforced and prosecuted all violations of the
following named town ordinances of which he has knowledge or information:
(a) Dog Ordinance
(b) Nuisance Ordinance
7 Act on behalf of the Town Board as directed to:
(a) See that town orders and ordinances are obeyed
(b) See that peace and order are maintained in the town.
(c) Obtain necessary assistance, if available, in case of
emergency, except as provided
under Chapter 166 of Wisconsin Statutes for emergency government.
SEC. 3 NONEXCLUSIVITY:
A. Other ordinance
Adoption of this ordinance does not preclude the Town Board from adopting any
other ordinance or providing for the enforcement of any other law or ordinance
relating to the same or other matter.
B. Other remedies.
The jurisdiction and duties of the town constable as stated herein shall not
preclude the Town Board or any other town officer from proceeding under any
ordinance or law or by any other enforcement method to enforce any ordinance or
law or by any other enforcement method to enforce any ordinance, regulation, or
order.
SEC. 4 SEVERABILITY:
If any provision of this ordinance is invalid or unconstitutional, or if the
application of this ordinance to any person or circumstance is invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the
provisions or applications of this ordinance which can be given effect without
the invalid or unconstitutional provision or application.
SEC. 5 EFFECTIVE DATE:
This ordinance shall take effect June 1, 2002.
The foregoing ordinance was adopted at a regular meeting of
the Town Board of the Town of Minong, on May 20, 2002.
Filed this _____day of ______________
________________________
In the office of the Town Clerk/Treasurer
Chairman
________________________________
________________________
Town Clerk/ Treasurer
Supervisor
________________________
Supervisor
TOWN OF MINONG
WASHBURN COUNTY
WISCONSIN
COMBINING THE OFFICES OF CLERK AND TREASURER ORDINANCE
ORDINANCE __#9______
WHEREAS, the Town of Minong has increased in population and evaluation; and
WHEREAS, the citizens of the Town of Minong require more services and
information, and
WHEREAS, the Annual Meeting of April 8, 2000 had called for a Special Meeting,
which was held on August 24, 2000, to decide whether to combine the offices of
the Town Clerk and the Town Treasurer into one office. The vote taken at
the Special Meeting was 18 yes and 5 no, to combine the offices.
THEREFORE BE IT ORDAINED, that the offices of Town Clerk and Town Treasurer
shall be combined into one office. The term of an elected Clerk/Treasurer
shall be two years, elected in the odd numbered years at the April
election.
HOWEVER, should the referendum at the November 7, 2000 election be successful
for appointing the Clerk/Treasurer, the term may be up to three years.
____________________________________
Town Chairman
_____________________________________
Supervisor #1
_____________________________________
Supervisor #2
_____________________________________
Town Clerk
Dated this ____ day of _______________________, 2000.
Publishing not required.
TOWN OF MINONG, WASHBURN COUNTY, WISCONSIN
ORDINANCE FOR ADOPTION OF WISCONSIN UNIFORM DWELLING CODE
ORDINANCE # __17__
CONTENTS:
1.1 Authority
1.2 Purpose
1.3 Scope
1.4 Adoption of Wisconsin Uniform Dwelling Code
1.5 Building Inspector
1.6 Building Permit Fees
1.7 Penalties
1.8 Effective Date
1.1 Authority: These regulations are adopted under the
authority granted by s.101.65, Wisconsin Statutes.
1.2 Purpose: The Purpose of this ordinance is to
promote the general health, safety and welfare, and to maintain required
uniformity with the administrative and technical requirements of the Wisconsin
Uniform Dwelling Code.
1.3 Scope: The scope of this ordinance includes the
construction and inspection of one-and-two family dwelling built since June 1,
1980.
1.4 Wisconsin Uniform Dwelling Code Adopted: The
Wisconsin Uniform Dwelling Code Chs. 20-25 of the
Wisconsin Administrative Code, and all amendments thereto is adopted and
incorporated by reference and shall apply to all buildings within the scope of
this Ordinance.
1.5 UDC Building Inspector: There is hereby created the
position of UDC Building Inspector, who shall administer and enforce this
Ordinance and shall be certified by the Division of Safety and Buildings, as
specified by Wisconsin Statutes, Section 101.66(2), in the category of Uniform
Dwelling Code Construction Inspector. Additionally, this or other
Assistant inspectors shall possess the certification categories of UDC HVAC,
UDC Electrical, and UDC Plumbing.
1.6 Building Permit Required: No person shall alter, add
onto, or build a new building within the scope of this ordinance, without first
obtaining a Building Permit for such work from the UDC building
inspector. Any structural changes or major changes to mechanical systems
that involve extensions shall require permits. Restoration or repair of
an installation to its previous code-compliant condition as determined by the
UDC building inspector is exempted from the permit requirements.
Residing, reroofing, finishing of interior surfaces, and installation of cabinetry shall be exempted
from permit requirements.
1.7 Building Permit Fee:
Building permit fees shall be determined by resolution
1.8 Penalties: The enforcement of this section and all
other laws and ordinances relating to building shall be by means of the
withholding of building permits, imposition of forfeitures and injunctive
action. Forfeitures shall not be less than $ 25.00 nor
more than $ 1,000.00 for each day of noncompliance.
1.9 Effective Date: This Ordinance shall be effective imediately upon passage and publication as provided by law.
ADOPTED THIS __13_, DAY OF December 2004
___L.H. Fiedler_______________________
Chairman
PUBLISHED THIS 13 ,DAY OF December 2004
___Eugene Barrett_____________________
Supervisor
ATTESED BY _Jo A Denninger,
Clerk______ ___Harold
Smith___________________
Town of Minong
Supervisor
TOWN OF
ORDINANCE TO
CREATE FIVE MEMBER TOWN BOARD
NO ___18___
Whereas, the Town of Minong, Washburn County has been authorized by the Town electors to exercise Village powers pursuant to s.60.10 ( c ) and s. 60.22 (3), Wis. Stats.;
Whereas, Wis. Stat. s. (60.21 (1) authorizes town boards with village powers to establish a five member town board; and as a result of an Advisory Referendum of the town electors of the Town of Minong voting in favor of increasing the size of the town board from 3 persons to 5 persons;
Whereas the Town Board of the Town of Minong, Washburn County has determined that a five person town board would provide greater representation to the residents of the Town of Minong;
Be it hereby ordained by the Town Board of the Town of Minong, Washburn County, that pursuant to s.60.21 (1) Wis. Stats., the town board elects to create a five person town board as follows:
For the spring election in April 2006, there will be a two supervisors elected. The year after a chairperson and two supervisors will be elected.
Be it further ordained that each even numbered year thereafter, a town Caucus will be held in January to nominate a chairperson and two supervisors that will be elected for two-year terms at the spring election following, and each odd numbered year thereafter, a town Caucus will be held in January to, nominate two supervisors that will be elected for a two-year term at the spring election following, thus, creating staggered terms pursuant to s.6021 (1), Wis. Stat.
This ordinance shall be effective upon publication or posting by the Town clerk as required, pursuant to s.60.80, Wis. Stat.
Adopted this _5TH day of December 2005.
By the Town Board of the Town of Minong, Washburn County, Wisconsin:
L. H. FIEDLER, CHAIRMAN
Town Chairperson
EUGENE BARRETT
Town Supervisor
HAROLD SMITH
Town Supervisor
Attest:
JO A. DENNINGER, Town Clerk
Posted the 7 day of December, 2005 in the following 3 places: ____________or Published the _____day of__________2005, in the following newspaper:_______________
ORDINANCE #__19__
A Sole Ordinance to regulate boating upon the waters of Twin Lakes an prescribing penalties for violations thereof.
The Town Board of the Town of Minong do ordain as follows:
Section I. Applicability and Enforcement
The provisions of this Ordinance shall apply to the
waters of
This chapter shall be enforced by the officers of the
Section II Intent
The intent of this ordinance is to provide safe and healthful conditions for the enjoyment of aquatic recreation consistent with public rights and interests, and the capability of the water resources.
State boating laws as found in ss. 30.50 to 30.71, Wis. Stats., are adopted by Reference.
“Slow-no-wake” means that speed at which a boat moves as slowly as possible while still
maintaining steerage control
No person shall operate a boat faster than
“slow-no-wake” in the waters of Twin Lakes between the hours of
5:00 P.M. and
The Town of Minong shall place and maintain a synopsis of this ordinance at all Public access points within the jurisdiction of the Town pursuant to the Requirements of NR 5.15 Wis. Admin. Code.
Wisconsin state boating penalities as found in Wis. Stat. 30.80 and deposits as established in the Uniform Deposit and Bail Schedule established by the Wisconsin Judicial Conference, are hereby adopted by reference and all references to fines amended to forfeitures and all references to imprisonment deleted.
The provisions of the Ordinance shall be deemed severable and it is expressly declared that the Town of Minong Board would have passed the other provisions of this ordinance irrespective of whether or not one or more provisions may be declared invalid. If any provision of this ordinance or the application to any person or circumstances is held invalid, the remainder of the ordinance and the application of such provisions to other persons or circumstances shall not be affected.
This section will become effective upon passage and the day after publication.
Passed this 5th day of December, 2005
(Town Chairman)
ATTESTED BY:
TOWN OF
(Town Clerk)
TOWN OF
ORDINANCE #_20___
SECTION I Penalty for Violation of Ordinance
Penalties for violations of this Ordinance are as set forth in the schedule of deposits as set by the Town and/or County board.
SECTION II Purpose and Intent.
(a) The purpose and intent of this chapter is to protect the public health, safety and general welfare and to maintain and protect the environment for the people and communities of the Town, and to:
(1) Prevent diseases.
(2) Prevent the continuance of public nuisances.
(3) Assure that insects and rodents do not create a public nuisance and/or health hazard.
(4) Assure that surface water and ground water meet the County and State standards and regulations.
(5) Assure that solid waste is handled, stored and disposed of according to state standards and regulations.
(6) Assure that citizens are protected from hazardous, unhealthy or unsafe substances.
(b) This chapter does not apply to county forest land or state fish and wildlife land. This chapter does apply to land zoned agricultural or used as agricultural, except that this chapter shall not prohibit or penalize commonly accepted farming practices. Such practices are defined as animal husbandry and crop production practices that produce food and fiber adapted to the county.
SECTION III
Public Nuisances Affecting Health.
The following are declared to be public nuisances affecting health:
(1) Failure to keep waste, refuse or garbage in an enclosed building or properly contained in a closed container designed for such purposes.
(2) Failure to maintain a structure so as to avoid health and safety hazards.
(3) Allowing any discharge into the environment of toxic or noxious materials in such concentrations as to endanger the public health.
(4) Maintaining excessive numbers of pets (too many animals for the space or food provided, as determined by health officer or his designee) that result in a health hazard to either the animal or human inhabitants.
(5) Allowing an accumulation of debris such as metal or glass.
(6) Abandoned vehicles (no more than two).
(7) Accumulation of unused appliances.
(8) Holes or excavations not properly posted or barricaded which constitute a safety hazard.
(9) Abandoned wells not properly sealed.
(10) Carcasses of animals, birds or fowl reported on private land which are not intended for human consumption or food and which are not buried or otherwise disposed of in a sanitary manner within 24 hours after death.
(11) Accumulations of decayed animal or vegetable matter, trash, rubbish, bedding, packing material, scrap metal or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin can breed, live, nest or seek shelter, exempting private compost piles.
(12) All decayed, adulterated or unwholesome food or drink sold or offered for sale to the public.
SECTION IV Enforcement Procedure.
(a) Whenever in judgment of the officer charged with enforcement, it is determined upon investigation that a public nuisance is being maintained or exists within the Township, such officer;
(1) Shall notify in writing the person committing or maintaining such nuisance and shall require him to terminate and abate the nuisance and to remove such conditions or remedy such defects. The written notice shall be served upon the person committing or maintaining such nuisance. If the premises are not occupied and the address of the owner is unknown, service on the owner may be had by posting a copy of the notice on the premises. The notice shall require the owner or occupant of such premises, or both, to take reasonable steps within a reasonable time to abate and remove the nuisance. The maximum time for removal of the nuisance after service of the notice shall not in any event exceed 30 days.
(2) May issue a citation for violation of this article at the time the notice is served, or any time thereafter, until the order to abate has been complied with. The citation shall be in the form prescribed by the district attorney and shall specify a forfeiture according to the schedule of forfeitures adopted by the circuit judge.
(b) When an order to abate as contained in the notice has not been complied with, such noncompliance shall be reported to the county health committee for such action as may be necessary and deemed advisable.
SECTION V - Abatement of
Nuisance.
If entry is refused to the
officer charged with enforcement, a warrant may be obtained. If after service of notice the person served
fails to abate the nuisance or make the necessary repairs, alterations or
changes in accordance with the order of the health committee, the health
committee may cause such nuisance to be abated at the expense of the County
board and recover such expenditure against the person served; or, if service
has been had upon the owner or occupant, by ordering the clerk to extend such
sum as a special tax against the property upon which the nuisance existed and
to certify the tax to the county for collection in the same manner as taxes and
special assessments are certified and collected.
SECTION VI - Appeal Process.
If one believes his order of
abatement is in error, the appeal process may be followed:
(1) Discuss the matter with the county health officer (635-4400).
(2) Bring the matter to the county board of health
SECTION VII Fees for Violations of This Ordinance
Fees for the following violations shall be set by the county board:
(1) Public nuisances affecting health:
a. Failure to keep waste, etc., in building in proper container.
b. Failure to maintain a structure.
c. Allowing any discharge.
d. Maintaining excessive number of pets.
e. Allowing an accumulation of debris.
f. Abandoned vehicles.
g. Accumulation of unused appliances.
h. Holes or excavations.
i. Abandoned wells not properly sealed.
j. Carcasses of animals, birds.
k. Accumulations of decayed animals of vegetables.
l. All decayed, adulterated or unwholesome food.
(2) Designation of unfit dwellings:
a. One which is damaged, decayed, dilapidated.
b. One which lacks any ventilation or sanitation.
(3) Public nuisance; animals. See section III
This Ordinance shall be in force after its
passage, publication and recording according to law.
Passed and adopted by the Minong Town Board
this _________day of _____________2006
Town Chairman Date
______________________________ ______________________________
Supervisor #1 Date
__________________________________ ______________________________
Supervisor #2 Date
ATTESTED
BY TOWN CLERK
_________________________________ _____________________________
Town Clerk Date
TOWN OF
MINONG,
SUBDIVISION
ORDINANCE # ____21_______
CONTENTS:
1.1
Authority
1.2
Purpose
1.3
Definitions
1.4
Scope
1.5
Exemptions
1.6
Required
Installations
1.7
Unsuitable
Land
1.8
Lots not
requiring a plat
1.9
Planned Unit
developments
1.10
Condominiums
1.11
Reservations
1.12
Variances
1.13
General
Interpretation
1.14
General Administration
1.15
Enforcement
and Penalties
1.16
Conflict
1.17
Effective Date
1.1
Authority: The Town Board of the Town of Minong, Washburn County, WI,
after required notification and proper procedure at open public board meetings
do ordain as follows;
1.2
Purpose: The purpose
of this Ordinance is to regulate and control the division of land within the
limits of the Town of Minong, Washburn County, Wisconsin, in order to
accomplish all of the following purposes:
A. Promoting the public health, safety, and general welfare of
the Town of Minong.
B. Supplementing County, State, and Federal land division
controls to implement any Town Comprehensive plan, master plan, or other land
use plans.
C. Promoting the planned and orderly layout and use of the land
in the Town of Minong.
D. Encouraging the most appropriate use of the land throughout
the Town of Minong.
E. Minimizing the public impact resulting from the division of
large tracts into smaller parcels of land in the Town of Minong.
F. Facilitating the adequate provision of transportation,
water, sewage, health, education, recreation, and other public requirements in
the Town of Minong.
G. Providing the best possible environment for human habitation in
the Town of Minong.
H. Enforcing the goals and policies set forth in any Town
Comprehensive Plan, master plan, or other land use plans.
I. Ensuring that the design of the street
system will not have a negative long-term effect on neighborhood quality,
traffic flow, and safety in the Town of Minong.
J. Realizing goals, objectives, policies,
and development standards set forth in plans, codes, and ordinances adopted by
the Town of Minong.
K. Securing safety from fire, flooding, and other dangers in
the Town of Minong.
L. Avoiding the inefficient and uneconomical
extension of governmental services in the Town of Minong.
M. Promoting the rural and North Woods character, scenic vistas, and
natural beauty of the Town of Minong.
N. Regulate the development of condominium projects.
O. Insure accurate legal descriptions.
P.
Providing for administration
and enforcement of this Ordinance by the Town Board
1.3 Definitions: The following
words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a
different meaning:
Alley means a narrow service way providing a
secondary public means of access to abutting properties.
Arterial or major highway means a street which
serves or is designed to serve the rapid movement of concentrated volumes of
traffic over relatively long distances. This type of street provides primarily
for movement between rather than within activity areas.
Block means a parcel or tract of land bounded on at
least one side by a public street and on the other sides by natural or manmade
barriers or unplatted land.
Collector street means a street which serves
or is designed to serve the moderate speed movement traffic from minor streets
to arterials or major highways and to provide access to individual lots. This
type of a street provides for movement within rather than between activity
areas.
Condominium means a building or a group of
buildings in which units are owned individually and the building common areas
are facilities are owned by all owners on a proportional undivided basis. A
condominium is a legal form of ownership and not a specific building type or style.
County zoning committee means a county
zoning committee authorized by Wis. Stats. § 59.69 or any agency created by the
board and authorized by statute to plan land use.
Dead-end street means a street with only
one vehicular outlet.
Division of land means the creation of a
parcel or tract of land having an area of nine acres or less, for the purpose
of sale or building development.
AMENDMENT 2/12/07:
Driveway means a private approach to one, or two lots. Access to three or more lots constitutes a
minor or “collector street” – see above definition.
Easement means authorization by a property owner for
the use of another, and for a specified purpose, of any designated part of his
property.
Minor or local street means a street which serves
or is intended to serve primarily as an access to abutting lots.
Navigable water means any body of water which is navigable
under the laws of the state.
Street includes streets, roads, avenues, lanes or
other ways.
Subdivider
means any person who shall lay out, for the purpose of sale or building
development, any subdivision or part of a subdivision.
AMENDMENT
2/12/07: Subdivision, (no longer major or minor) now
means any division of a lot, parcel or tract of land by the owner or his agent
for the purpose of sale or building development, where:
(1) The act of division creates three or more parcels
of a minimum lot size of 1 1/2 acres each, up to a maximum size of nine acres
– see above definition of division of land.
1.4. Scope:
(a) Except as
provided in section 1.5 every division of land within the Town of Minong shall
be subject to the provisions of this chapter.
(b) All divisions
of land subject to this chapter shall also be in conformity with county zoning,
county sanitary code, and any official map ordinances in effect in the county.
1.5 Exceptions: This chapter shall not apply to
divisions exempt from platting controls under the provisions of Wis. Stats. §§
236.03 and 236.45(2). County (Ord. No. 44, § II(C))
1.6 Required Installations:
(a)
Before the final plat is approved by the Town board,
the subdivider shall install all improvements
required by this chapter. In lieu of such installation, the owner may post with
the Town clerk, cash, negotiable securities, or surety bond to the Town of
Minong, in value sufficient to cover the full estimated cost as certified by
the Town Board or county highway commissioner, to assure the satisfactory
installation of the improvements as set forth in this chapter. If a surety bond
is used, it shall be approved by the board.
(b)
AMENDMENT
02/12/07: A subdivision
accessed by an existing private
road shall be required to upgrade the road to meet town road
specifications, See below. The extent of
such road improvements shall be continuous from the start of the private road
to the part that abuts the new subdivision, inclusive.
(c)
The specifications for all improvements shall be
approved by the Town board. Prior to acceptance of the improvements by the
board or release of the developers bond, all improvements shall be inspected by
the Town board and or county highway commissioner and found to have been
installed according to Town and County Road specifications. Per Town Resolution
# 32 below, and Per County (Ord. No. 44, § II(F),
(G))
ROAD SPECIFICATIONS – TOWN OF MINONG
1. 26
FEET WIDE – 20 FOOT ROAD BED AND 3 FOOT SHOULDERS ON BOTH SIDES.
2. RIGHT
OF WAY CLEARED 33 FEET BOTH SIDES OF THE CENTERLINE.
3. ROAD
MUST BE DITCHED AND WATERBARS, WHERE NEEDED.
1.7 Unsuitable Land: Land which
is deemed unsuitable for any proposed development by the town board or the
county zoning committee for reason of flooding, inadequate drainage, adverse
soil or rock formation, severe erosion potential, unfavorable topography,
inadequate water supply or sewage disposal capabilities, or any other feature
likely to be harmful to the health, safety or welfare of the future residents
of the proposed subdivision or of the community shall not be subdivided.
Furthermore, lands may
be deemed unsuitable for development when the proposed subdivision is likely to
have detrimental effects on unique or fragile environmental features. Examples of such land could include wetlands
and nesting sites of specific protected birds.
In applying the provisions of this section, the town board
shall, recite the particular facts upon which it bases its conclusion that the
proposed development is unsuitable and afford the subdivider
an opportunity to present evidence regarding such suitability if he so desires
at a town board meeting as provided in this chapter. Thereafter, the town board
may affirm, modify or withdraw its determination of unsuitability. (County Ord. No. 44, § II(H))
1.8 Lots not Requiring a
Plat: Lots created not requiring a plat; county zoning committee
review and recorded certified surveys. Any proposed division of land where lots
are created but insufficient numbers and area to require submission of a plat
under the requirements of Wis. Stats. ch. 236 or to
constitute a subdivision shall comply with the Town Ordinances, provisions of
the county sanitary code; the Washburn County Zoning Ordinance, and the
standards of Wis. Admin. Code, of the division of health, and shall be approved
by the county zoning administrator or the county zoning committee, as the case
may be, in accordance with the procedure for submitting certified survey maps
in section 62-54. A certified survey map may also be required where the
proposed division might result in boundary problems or disputes, such as
divisions of land within 1 1/2 miles of incorporated cities and villages or in
developed unincorporated areas. Such certified survey maps shall meet the
requirements of Wis. Stats. § 236.34.(County Ord. of
11-13-1979, § III)
1.9 Planned Unit
Developments: Proposed
cluster and planned unit development shall be located in the planned unit
development (PUD) district, and shall be prepared in such a way as to address
the considerations set forth in the Washburn County Zoning Ordinance. Lands
dedicated to the public, must be accepted by action of the governing bodies of
the accepting unit of government. If land is to be conveyed to owners of lots
in the development, a homeowners association or similar legally constituted
body shall be created to maintain the openspace land.
(County Ord. No. 44, § VII; Ord.
of 7-18-1978, § VII)
1.10 Condominium developments: Proposed condominium development shall comply in all respects with the requirements of Sec. 703.11 WI Statutes, and adequate open space shall be provided so that the average density and intensity of land use shall be no greater than that permitted for the town or county zoning district in which it is located.
1.11 Reservations: The county zoning committee or town board may require
that suitable sites be dedicated or reserved for future public uses such as
parks, playgrounds and open spaces. In locating such sites, consideration shall
be given to preserving scenic and historic sites, stands of fine trees, marshes
and shorelines. Reservation of land for public acquisition shall be for an
indefinite period, with review every three years to determine whether or not to
extend the reservation. (County Ord. No. 44, § IX)
1.12 Variances:
(a) The county
zoning committee and the town of Minong may grant variances from the provisions
of this chapter after holding a public hearing, with ten days' notice in
writing to owners of adjoining lands and upon finding that:
(1) Because of
the unique topographic or other conditions of the lands involved, literal
application of this chapter would impose a hardship.
(2) The variance
will not violate the purpose of this chapter or the provisions of Wis. Stats. ch. 236.
(b) The requirement of filing and
recording a plat for a subdivision or a certified survey
(County Ord.
No. 44, § X)
1.13 General Interpretation: This chapter
shall not repeal, impair or modify private easements or covenants governing the
use of lands; except it shall be applicable to the extent that it imposes
stricter regulations. (County Ord. No. 44, § I)
1.14 General
administration: The Town Board, the county zoning committee or its
duly authorized staff shall be responsible for administration of this
chapter.(County Ord. No. 44, § II(A)) Secs. 62-14--62-50. Reserved.
1.15 Enforcement
and penalties: The county zoning administrator shall have responsibility
for enforcement of this chapter. No land use permit shall be issued for
construction on any lot until the final plat for the subdivision has been duly
recorded or the certified survey map recorded. Any person who violates this
chapter shall be subject to section 1-8.
(County Ord. No. 44, § XII)
1.16
Conflict: If any provision of this ordinance
is invalid or unconstitutional, or if the application of this ordinance to any
person or circumstance is invalid or unconstitutional, such invalidity or unconstitutionality
shall not affect the provisions or application of this ordinance which can be
given effect without the invalid or unconstitutional provision.
1.17
Effective Date: This ordinance shall be in
full force and effective on the ________day
of _________________
2006, after proper notice and publication of said ordinance according to
law. Voted by role
call vote – AYES ________ NAYES
_________and adopted by the Minong
Town Board at a properly noticed Town Board Meeting held on
_________________ Filed this
________ day of
_______________2006. AMENDED THIS 12TH DAY OF MARCH
2007.
______________________________ ___________________
TOWN CLERK DATE
CITATION ORDINANCE
WI STATUTES 66.0113
TOWN
OF
ORDINANCE # 23_
ORDINANCE FOR THE
AUTHORITY UNDER WI STATUTES 66.0113 TO ADOPT A CITATION ORDINANCE FOR THE TOWN
OF
SECTION I
- PURPOSE AND AUTHORITY:
The title of this ordinance is the Town of Minong Citation Ordinance. The purpose of this ordinance is for the safety of the community and residents of the Town of Minong, and to authorize the Town Board of the Town of Minong, or its designees, (Town constable) to issue citations for violations of Town of Minong ordinances, including ordinances with statutory counterparts.
SECTION II
– ADOPTION OF ORDINANCE:
The Town Board of
the Town of Minong, by this ordinance, adopted on proper notice with a quorum
and by a roll call vote by a majority of the town board present and voting,
provides the authority for the Town of Minong to issue citations for violations
of Town of Minong ordinances, including ordinances with counterparts.
1. Town of Minong citations may be issued by the Town Board of the Town of Minong, or the Town Board of the Town of Minong may designate certain Town of Minong, Washburn County, or other municipal officials, with their writer approval, to issue such citations.
2. Town of Minong citations, in addition, may specifically be issued by the Town board of the Town of Minong or the Town Constable of the Town of Minong. This official may also designate a person to issue such Ordinances for the Town of Minong, and this official may revoke this authority to issue anytime.
3. The Town of Minong Town Board has designated the Town Chair or any person approved by the Town Board to serve any citations for the Town of Minong upon issuance. Any person specifically authorized by the Town board to issue citations by the Town Board of the Town of Minong may also serve such citations.
SECTION IV – COVERAGE
The form for citations to be issued in the Town of Minong by the town board, or its designees, for violations of Town of Minong ordinances shall be as provided in this subsection and shall include all of the following:
1. The name and address of the alleged violator
2. The factual allegations describing the alleged violation
3. The time and place of the alleged violation.
4. The number of the ordinance violation.
5. A designation of the offense in a manner that can be readily understood by a person making a reasonable effort to do so.
6. The time at which the alleged violator may appear in court.
7. A statement that in essence informs the alleged violator of all the following:
a. That the alleged violator may make a cash deposit of a specified amount to be mailed to a specified official within a specified time.
b. That if the alleged violator makes a cash deposit, he or she need not appear in court unless subsequently summoned.
c. That if the alleged violator makes a cash deposit and does not appear in court , he or she either will be deemed to have tendered a plea of no contest and submitted to a forfeiture, plus costs, fees, and surcharges imposed under chapter 814 WI stats., not to exceed the amount of the deposit, or will be summoned into court to answer the complaint if the court does not accept the plea of no contest.
d. That if the alleged violator does not make a cash deposit and does not appear in court at the time specified, the court may issue a summons or a warrant for the defendant’s arrest or consider the nonappearance to be a plea of no contest and enter judgment under s 66.0113 (3) (d) WI stats, or the municipality may commence an action against the alleged violator to collect the forfeiture, plus costs, fees, and surcharges imposed under chapter 814 WI stats.
e. That if the court finds that the violation involves an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and that the violation resulted in damage to the property of or physical injury to a person other than the alleged violator, the court may summon the alleged violator into court to determine if restitution shall be ordered under s 800.093 WI stats.
8. A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement that accompanies the citation to indicate that he or she read the statement required under s 66.0113 (1)(b) 7. WI stats and shall send the signed statement with the cash deposit.
9. Any other information as may be deemed necessary
The town board adopts the following schedule of cash deposits that are required for the various Town of Minong ordinance violations, which includes for each listed violation costs, fees, and surcharges imposed under chapter 814 WI stats.
The town board names the following court, clerk of court, or other official to whom cash deposits are to be made and requires that receipts shall be given for cash deposits:
Washburn County Clerk of Court.
The town board requires that in traffic regulation violation actions, except for parking regulation violations, the uniform traffic citation specified in s 345.11 WI stats., shall be used by the Town of Minong in lieu of the citation form described above.
The Town board requires that in actions for violation of Town of Minong ordinances enacted in accordance with s 23.33 (11) (am) or 30.77 WI stats., the citation from specified in s23.54 WI stats., shall be used in lieu of the citation form noted described above.
SECTION IV - RELATIONSHIP TO OTHER LAWS
The adoption and authorization for use of a citation under this ordinance does not preclude the Town Board of the Town of Minong from adopting any other ordinance or providing for the enforcement of any other law or ordinance or providing for the enforcement of any other law or ordinance relating to the same or any other matter. The issuance of a citation under this ordinance does not preclude proceeding under any other ordinance or law relating to the same of any other matter. Proceeding under any other ordinance or law relating to the same or any other matter does not preclude the issuance of a citation under this ordinance.
Should any section, clause or provision of this Ordinance be declared by the courts to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid.
Whenever any standard code, rule, regulation, statute or other written or printed matter is adopted by reference, it shall be deemed incorporated in a Code of Ordinances as if fully set forth herein and the Town Clerk/Treasurer shall maintain in their office a copy of any such material as adopted and as amended from time to time. Material on file at the Clerk/Treasurer’s office shall be considered public records open to reasonable examination by any person during the office hours of the Town Clerk/Treasurer subject to any restrictions on examination as the Town Clerk/Treasurer imposes for the preservation of the material.
SECTION
VI EFFECTIVE DATE
(A) Code. The code of Ordinances, Town of Minong, Wisconsin when adopted shall take effect as provided by state law.
(B) Subsequent Ordinances. All Ordinances passed by the Town of Minong subsequent to the adoption of the Code of Ordinances, except when otherwise specifically provided, shall take effect from and after their publication.
State Law Reference: Code of Ordinances, Sec. 66.035, Wis Stats.
This ordinance shall be in full force and effective on the _______ day of ________ 2007, after proper notice and publication of said ordinance as required under s 60.80 WI stats.
Filed this _______day of ___________2007
Approved by:
Town Board – Town of
___________________________________ ______________________________
CHAIRMAN SUPERVISOR #3
___________________________________ ______________________________
SUPERVISOR #1 SUPERVISOR #4
___________________________________
SUPERVISOR #2
___________________________________ Dated this ________day of _______2007
ATTESTED BY: TOWN CLERK
Town of Minong
TOWN OF
MINONG ORDINANCE # ___25___
LICENSING AND
REGULATION OF INTOXICATING LIQUOR
SECTION I
- PURPOSE AND AUTHORITY:
The
title of this ordinance is the Town of Minong Licensing and Regulation of Intoxicating
Liquors Ordinance. The purpose of this ordinance is to adopt the provisions of Chapter 125, Wisconsin Statutes,
defining and regulating the sale, procurement, dispensing, and transfer of
alcohol beverages, including provisions relating to minors and persons under
the legal drinking age, and to authorize the Town Board of the Town of
Minong, to enact or prescribe additional regulations for the sale of alcoholic
beverages pursuant to WI Stats 125.10 provided such additional regulations do
not conflict with said statutes. A violation of any of such provisions shall
constitute a violation of this Section. Any future amendments, revisions, or
modifications of the Statutes included herein are intended to be made a part of
this Section.
SECTION II – ADOPTION OF
ORDINANCE:
The
Town Board of the Town of Minong, by this ordinance, adopted on proper notice,
and by proper vote with a quorum and by a roll call vote by a majority of the town
board present and voting, provides the authority for the Town of Minong to
regulate, revoke, or suspend licenses or permits, and enforce other specific
actions at or near alcohol retail sales premises located in the Town and other
regulatory and enforcement authority noted in this ordinance.
SECTION III - APPLICATION FOR LICENSES
1. APPLICATION FOR CLASS “B”- Applications
for Liquor licenses need to be submitted to the Town Clerk one week prior to
the May Town Board Meeting. License applications will then be published and
submitted for approval at the June Town Board Meeting. Respective fees have been set by the Town
Board and will be submitted with the license application.
A. Upon receipt of
a new or renewal application, an inspection of the premises may be required.
B. A yearly record
check will be done on all new and existing bar owners prior to license
approval.
2. APPLICATION FOR OPERATORS LICENSES -
Renewal applications for Operators licenses need to be submitted to the Town
Clerk one week prior to the June Board meeting for approval at that
meeting. New applicants can submit at
anytime, at which time a 60 day Provisional License can be issued if necessary
by the Town Clerk and submitted for approval at the next available Town Board
meeting.
A. All applicants
are required to show proof of certification of the required beverage training
course.
B. A record check
will be done on all new and renewal applications for an Operator’s
license.
C. The clerk will
report all information for town board approval of all Operators’
Licenses. The Town Board will then determine if an
Operator’s license will be granted based on the findings of
the record
check and or applicants qualifications.
3. APPLICATION FOR SPECIAL CLASS
“B” GATHERING OR PICNIC LICENSES AND
TEMPORARY OPERATORS LICENSES - applications for Class
“B” licenses for special events can be issued to service or
non-profit organizations by board approval. Said applications need to be
approved by board action in advance of the date of the event, and need to be
accompanied by a Temporary Operator’s License which includes all the
names of any person who will be responsible for serving the beverages. This
action can be waved if the organization holds a yearly event approved by the
board as such. However, a license and
list of operator’s still need to be filed with the Town Clerk prior to
the date of the event.
SECTION IV - COMPLIANCE CONDITIONS AND REASONS
FOR SURRENDER OF LICENSES
VALIDITY
OF PREMISES It is unlawful for any person to sell or keep for sale at
wholesale or retail, or permit to be sold or kept for sale at wholesale or
retail, within the town any alcohol beverage or soft drink, except in strict accordance
with the provisions of this ordinance and state law. The issuance of any
license or permit to any person under this ordinance and chapter 125, Wis.
stats., is contingent upon full compliance with this ordinance and chapter 125,
Wis. stats. by the licensee or permittee. Any
building or place where alcohol beverages or alcohol is sold, possessed,
stored, brewed, bottled, manufactured, or rectified without a valid
permit or license issued under this ordinance or chapter 125 or 139, Wis.
stats., or where persons are permitted to drink alcohol beverages in
violation of this chapter is a public nuisance and may be closed until the
activity in violation of this ordinance is abated. When the activity is abated,
the building or place may be used for any lawful purpose.
UNDER THE
INFULENCE It is unlawful for a licensee, permittee,
or any employee, operator, or manager of a tavern or other licensed or
permitted establishment to be under the influence of an intoxicant, or a
controlled substance or a combination of an intoxicant and a controlled
substance while perforating services on the licensed or permitted premises of
the town.
CONDUCT OF
LICENSE HOLDER It is unlawful for any person, including any owner,
tenant, employee, operator, or manager of a tavern, who has engaged in violent,
abusive, indecent, profane, boisterous, unreasonably loud, or otherwise
disorderly conduct in a town tavern premises under circumstances in which that
conduct tended to cause or provoke a disturbance and who has been ordered
by the town board or law enforcement officer not to enter or to remain in a
tavern or other licensed or permitted establishment to so enter or remain during any
period after having been ordered not to enter or remain by a law enforcement
officer. An order prohibiting entry under this subsection may prohibit entry for a
period up to 6 months.
UNSANITARY
OR UNSAFE CONDITION OF BUILDING: No licensee or permittee
in charge
and
control of a tavern shall fail to keep or maintain a tavern or other
licensed or permitted premise up to Code or in a sanitary or safe condition
after written notice by the State of Wisconsin, Department of Health and
Family Services or the town board.
REQUIRED
CONTINUATION OF BUSINESS: As a condition of maintaining and keeping an
alcohol beverage retail sale license for a tavern in the town, any
licensee of a tavern premise must stay open for business and continue in
business and demonstrate business continuance satisfactory to the
town board. Issuance or retention of a license by a party not
open for business and not demonstrating business continuation is declared by
this ordinance to be against public policy of the town. A
determination by the town board that a person is not demonstrating
business continuation establishes grounds for suspension or revocation of the
alcohol beverage retail sale license. The town board shall determine whether the
license shall be suspended or revoked under this subsection and in accordance
with s. 125.12, Wis. stats. A person who was licensed or permitted for the
tavern premises for an alcohol beverage retail tavern is not demonstrating
business continuation if any of the following is demonstrated:
A. The person has delinquent Real Estate taxes,
Personal Property taxes, or outstanding liquor bills due on the property in
which the establishment is taxed.
B. The person has not done business in the
tavern premises for at least 180 consecutive days.
C. The person
has voluntarily vacated the premises for more than 180 consecutive days.
D. The person
was ordered by a court of competent jurisdiction to vacate the premises.
MORAL
CHARACTER: A license or permit shall not be denied on the grounds
that the applicant lacks good moral character, unless there is evidence that the
applicant would, if granted an initial or renewed license or permit, pose a threat
to the safety or welfare of patrons of the licensed or permitted establishment
in which he or she would be employed. The following will be considered
grounds for suspension or revocation of a Class A, Class B, Operator's, or
Manager's License or dismissal from a bartending job if the applicant
has had a:
A. A
suspension, revocation, or dismissal which occurred within a year of the date of
the application, or there has been more than one such suspension,
revocation, or dismissal within 3 years of the date of the
application.
B. Record of habitually being a law offender or has
been convicted of a felony, unless the person has been legally pardoned.
C. Pending criminal charge and the circumstances of
the charge substantially relate to the circumstances of the permitted or
licensed activity.
D. Conviction
of one or more of the following:
1. Manufacturing,
distributing, or delivering a controlled substance or controlled substance analog under s.961.41(1), Wis. stats.
2.
Possessing, with intent to manufacture, distribute, or deliver, a controlled
substance analog under s. 961.41 (lm), Wis. stats.
3.
Possessing, with intent to manufacture, distribute or deliver, or
manufacturing, distributing, or delivering a controlled
substance or controlled substance analog under a federal law that is substantially similar to s. 961.41 (1) or
(lm), Wis. stats.
EVIDENCE OF REHABILITATION: If any town committee, or local
law enforcement recommends to the town board denial of an Operator's
License or Manager License or other license or permit on the basis provided
under this ordinance, the applicant shall be given the
opportunity to present evidence of rehabilitation. Such evidence may
include, but is not limited to, letters of recommendation, evidence of family
stability or educational advancement, satisfactory work performed,
professional counseling. and participation in community activities.
SECTION V - LICENSE RESTRICTIONS
A. Sale of Alcohol Beverages to Underage
Persons; Restrictions.
1. No person may procure for or sell, dispense, or
give away any alcohol beverages to any underage person not accompanied by his
or her parent, guardian, or spouse who has attained the legal drinking
age
No licensee or permittee
may sell, vend, deal, or traffic in alcohol beverages to or with any underage person
not accompanied by his or her parent, guardian, or spouse who has attained the
legal drinking age.
No adult may knowingly permit or
fail to take action to prevent the illegal consumption of alcohol beverages
by an underage person on premises owned by the adult or under the adult's
control. This paragraph does not apply to alcohol beverages used
exclusively as part of a religious service.
B. Intoxicated Persons.
1. No person may procure for sale, dispense, or give
away alcohol beverages to an intoxicated person.
2. No license or permittee may sell, vend,
deal, or traffic in alcohol beverages
to or with an intoxicated person.
3 No licensee
or permittee may permit an intoxicated person to be
on a licensed or permitted premise.
C. Disorderly House. No
licensee or permittee in charge and control of a
licensed or permitted premises shall keep or maintain a disorderly or riotous,
indecent, or improper tavern or licensed or permitted
establishment.
D. After hours. No
licensee or permittee shall permit any person to be
present on the premises operated under a Class "A,"
"Class A," or "Class C" license or under a Class
"B" or "Class B" license or permit during
hours when the premises are not open for business unless these persons are
performing job related activities.
SECTION VI -
SEVERABILITY
If any
provision of this ordinance or its application to any person or circumstance is
held invalid, the invalidity does not affect other provisions or
applications of this ordinance that can be given effect without the invalid provision
or application, and to this end, the provisions of this ordinance are
severable.
SECTION VII - EFFECTIVE
DATE
A. Code. The code of Ordinances, Town of Minong, Wisconsin
when adopted shall take effect as provided by state law.
B. Subsequent
Ordinances. All Ordinances passed by the
Town of Minong subsequent to the adoption of the Code of Ordinances, except
when otherwise specifically provided, shall take effect from and after their
publication.
State Law Reference: Code of Ordinances, Sec.
66.035, Wis Stats.
This
ordinance shall be in full force and effective on the ______ day of ______ 2008, after proper
notice and publication of said ordinance as required under s 60.80 WI Stats.
Filed
this _______ day of ______________ 2008
APPROVED
BY TOWN BOARD TOWN OF MINONG
__________________________________ __________________________________
CHAIRMAN DATE SUPERVISOR #1 DATE
__________________________________ __________________________________
SUPERVISOR
# 2 DATE SUPERVISOR # 3 DATE
__________________________________
SUPERVISOR # 4 TOWN
SEAL
____________________________________
ATTESTED BY: TOWN CLERK