MUNICIPAL CODE
OF THE
TOWN OF TEXAS
MARATHON COUNTY, WISCONSIN

2010

Published by Order of the Town Board

DRAFT
June, 2010

OFFICIALS
TOWN OF TEXAS,
MARATHON COUNTY, WISCONSIN

Matthew Bootz
Town Chairman

Thomas Domka
Philip Walters
Town Supervisors

Lorraine Beyersdorff
Town Clerk

Marian Matsche
Town Treasurer

Shane J. VanderWaal
Town Attorney

TOWN OF TEXAS, MARATHON COUNTY, WISCONSIN
ADOPTING A GENERAL CODE; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE SHALL BECOME EFFECTIVE.

THE TOWN BOARD OF THE TOWN OF TEXAS, MARATHON COUNTY, WISCONSIN, DO ORDAIN AS FOLLOWS:

Section 1. The Code entitled "Code of Ordinances of the Town of Texas, Wisconsin," consisting of Chapters 1 through 63, each inclusive, is hereby adopted.

Section 2.  All ordinances of a general and permanent nature enacted on or before _______________ 2010, and not included in the Code or recognized and continued in force by reference therein, are repealed.

Section 3. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4.  Additions or amendments to the Code when passed in such form as to indicate the intention of the town to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 5.  Ordinances adopted after_______________, 2010 that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

Section 6.  If any provisions of this Code are invalid or unconstitutional or if the application of this Code to any person or circumstances is found invalid or unconstitutional by a Court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the provisions or application of this Code which can be given effect without the invalid or unconstitutional provision or application.

Section 7.  This Ordinance shall be in full force and effect from and after its date of passage and publication as required by law.

Passed and adopted by the Town Board of the Town of Texas, Wisconsin this            day of June, 2010	

						TOWN OF TEXAS

																		_______________________________
						Matthew Bootz, Chairman

ATTEST:

______________________________
Lorraine Beyersdorf, Town Clerk

Adopted: ___________

Approved: __________

Published:  __________

TABLE OF CONTENTS

Chapter									Page

1.   General Provisions							1:1

2.   Administration								2:1
	Art. I. In General	 						2:2
    	Art. II. Town Board							2:2
    	Art. III. Officers and Employees					2:5
    		Div. 1. Generally						2:5
    		Div. 2. Appointive Officials					2:5
    	Art. IV. Boards, Commissions and Committees			2:6
    	Art. V. Finance							2:6

3—5.   Reserved								3:1

6.   Alcohol Beverages							6:1
      	
7—9.   Reserved								7:1

10.   Animals									10:1
      	Art. I. In General							10:2
       	Art. II. Dogs and Cats							10:2

11—13.   Reserved								11:1

14.   Buildings and Building Regulations					14:1
       	 Art. I. In General							14:2
       	 Art. II. Administration and Enforcement				14:2
        		Div. 1. Generally						14:2
        		Div. 2. Permits and Fees					14:4
        		Div. 3. Inspections and Orders				14:9
        	Art. III. Wrecking, Razing and Demolition of Buildings		14:10
       	Art. IV. House and Building Numbering				14:11

15—29.   Reserved								15:1

30.   Fire Prevention and Protection						30:1
       	 Art. I. In General							30:2
      	 Art. II. Reserved							30:4
      	 Art. III. Volunteer Fire Department					30:4

TABLE OF CONTENTS-Cont'd.

Chapter								   	Page 
31—37.   Reserved								31:1

38.   Mobile Homes								38:1
 	Art. I. In General							38:2
	
39—41.   Reserved								39:1

42.   Nuisances								42:1
 	Art. I. Public Nuisances						42:2
        	Art. II. Junk								42:6
	
43—53.   Reserved								43.1

54.    Solid Waste								54:1
        	Art. I. In General							54:2
         	Art. II. Disposal							54:2
         	Art. III. Littering							54:3
	
55—57.   Reserved	          							55:1

58.   Streets					           				58:1
       	 Art. I. In General							58:2
       	 Art. II. Excavations							58:3

59—61.   Reserved								59:1

62.   Taxation									62:1
       	Art. I. Board of Review						62:2
		
63.   Traffic and Vehicles							63:1
        	Art. I. In General							63:2
        	Art. II. ATV'S								63:3
        	Art. III. Snowmobiles	      						63:3
       	Art. IV. Mini-bikes and Self-Propelled Devices			63:4

Chapter 1

GENERAL PROVISIONS

Sec. 1.100.	Title; effective date; citation.
Sec. 1.101.	Definitions and rules of construction.
Sec. 1.102.	Titles, chapters, sections.
Sec. 1.103.	Catchlines of sections; history notes, references, editor's notes.
Sec. 1.104.	Provisions deemed continuation of existing ordinances.
Sec. 1.105.	Repeal of ordinances.
Sec. 1.106.	Repeal of repealed acts.
Sec. 1.107.	Certain ordinances not affected by Code.
Sec. 1.108.	Code does not affect prior offenses or rights.
Sec. 1.109.	General penalty.
Sec. 1.110.	Reserved.
Sec. 1.111.	Supplementation of code.
Sec. 1.112.	Fees and charges.

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Sec. 1.100. Title; effective date; citation.

These ordinances shall be known as the "Municipal Code of the Town of Texas" and shall take effect from and after passage and publication as required by statute. All references shall be cited by section number.  For references to the provisions of Chapters of this Code, the section of this Code shall be cited together with the specific citation of the applicable Wisconsin Statute (example: Section 1.100, Municipal Code of the Town of Texas). 

Sec. 1.101. Definitions and rules of construction.

The following words, terms and phrases when used in this Code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Generally. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.

Acts of agent. When a provision requires an act to be done that may by law as well be done by an agent as by the principal, such requirement shall be construed to include all such acts when done by an authorized agent.

And/or. The term "and" may be read as "or," and the term "or" may be read "and" where the sense requires it.

Computation of time.

	1.  The time within which an act is to be done or proceeding had or taken shall be computed by excluding the first day and including the last; and when any such time is expressed in hours the whole of Sunday and of any legal holiday, from midnight to midnight, shall be excluded.

	2.  If the last day within which an act is to be done or proceeding had or taken falls on a Sunday or legal holiday, the act may be done or the proceeding had or taken on the next secular day.

	3.  When the last day within which a proceeding is to be had or taken or an act done that consists of any payment to or the service upon or filing with any officer, agent, agency, department or division of the state or of the county, or a city, village, town, school district or other division of the state, of any money, return, statement, report, notice or other document, falls on a Saturday and the duly established official office hours of such officer, agent, agency, department or division to which such payment is to be made or upon which such service is to be made or with which such return, statement, report notice or other document is required to be filed, do not include any office hours on such Saturday, such proceeding may be had or taken or such act may be done on the next succeeding day that is not a Sunday or legal holiday.

	4.  Regardless of whether the time limited in any ordinance for the taking of any proceeding or the doing of any act is measured from an event or from the date or 
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	day on which such event occurs, the day on which such event took place shall be excluded in the computation of such time.

	5.  The term "legal holiday" as used in this section means any statewide legal holiday provided in Wis. Stats. § 895.20. When an act is permitted to be done by the use of the postal service, and the last day within the time prescribed by law for performing such act falls on a legal public holiday under federal law, or other holiday designated by the president such that the postal service does not receive registered mail or make regular deliveries on that day, the day shall be considered a legal holiday for purposes of this definition.

State law reference—similar provisions, Wis. Stats. § 990.001(4).

County. The term "county" means the County of Marathon, Wisconsin.

Includes. "Includes" does not limit a term to a specified example.

Officers and employees generally. Whenever any officer or employee is referred to by title, such as "Town Clerk" or "health officer," such reference shall be construed as if followed by the words "of the Town of Texas, Wisconsin."

Owner. The term "owner," as applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of such building or land.

Person. The term "person" extends and applies to natural persons, firms, corporation, associations, partnerships or other bodies politic, and all entities of any kind capable of being sued unless plainly inapplicable.

Personal property. The term "personal property" includes every species of property except real property.

Premises. The term "premises" as applied to real property, includes real estate, structures and hereditaments.

Property. The term "property" shall include real, personal and mixed property.

Real property. The term "real property" shall include lands, tenements and hereditaments.

Reasonable time or notice. In all cases when an enactment shall require any act to be done in a "reasonable time" or a "reasonable notice" is to be given to any person, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt execution of such duty or compliance with such notice.

Regulations and Code. Whenever in this Code reference is made to any "regulations" or "code" of any government or board, bureau, commission or agency, such terms shall mean the regulations in effect on the effective date of this Code, unless the context clearly provides otherwise.

Singular and plural; male and female. Every word in this Code and in any ordinance 
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importing the masculine gender may stand and be applied to females as well as males, and 
every word importing the singular number only may extend and be applied to several persons or things as well as to one person or thing; provided that these rules of construction shall not be applied to any provisions that shall contain any express language excluding such construction or when the subject matter or context of such provisions may be repugnant thereto.

Street. The term "street" shall include any highway, street, avenue, boulevard, road, alley, lane or viaduct in the town dedicated or devoted to public use.

Tenant; occupant. The terms "tenant" and "occupant," applied to a building or land, shall include 
any person holding a written or oral lease or who occupies the whole or part of such building or land, either alone or with others.

Town board, board. The terms "town board" and "board" mean the board of supervisors of the Town of Texas, Wisconsin.

Wis. Admin. Code. The abbreviation "Wis. Admin. Code" shall mean the official Wisconsin Administrative Code, as amended.

Wisconsin Statutes. Whenever in this Code reference is made to the "Wisconsin Statutes" or "state statutes" or "state law" or "laws of the state," such term shall mean the Wisconsin Revised Statutes, as amended, unless the context clearly provides otherwise. 

Sec. 1.102. Titles, chapters, sections.

	1.  Reference to this Code. All references to titles, chapters, articles, sections, subsections or paragraphs refer to this Code of Ordinances unless otherwise indicated.

	2.  Conflicting provisions. If the provisions of the different chapters of this Code conflict with or contravene each other, the provisions of each chapter shall prevail to all matters and questions arising out of the subject matter of such chapter.
	
Sec. 1.103. Catchlines of sections; history notes, references, editor's notes.

	1.  The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and are not titles of such sections, or of any part of the section, nor unless expressly so provided shall they be so deemed when any such section, including the catchline, is amended or reenacted.

	2.  The history or source notes appearing in parentheses after sections in this Code have no legal effect and only indicate legislative history.

	3.  Unless specified otherwise, all references to chapters or sections are to chapters or sections of this Code.

	4.  Editor's notes and other references appearing after sections throughout this 
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	Code are not intended to have any legal effect but are merely intended to assist the user of the Code.

Sec. 1.104. Provisions deemed continuation of existing ordinances.

The provisions of this Code, insofar as they are substantially the same as legislation previously adopted by the town relating to the same subject matter, shall be construed as restatements and continuations of the Code and not as new enactments.

Sec. 1.105. Repeal of ordinances.

All ordinances adopted by the town board prior to the effective date of this Code and inconsistent with any of the provisions of this Code are repealed, except those ordinances and parts mentioned in section 1.107. 

Sec. 1.106. Repeal of repealed acts.

No act or part of any act repealed by subsequent act of the town board shall be deemed to be revived by the repeal of such repealed act, nor shall any ordinance or part of any ordinance heretofore repealed be considered re-ordained or reenacted by virtue of the provisions of section 1.105. 

Sec. 1.107. Certain ordinances not affected by Code.

	1.  Nothing in this Code or the ordinance adopting this Code affects the validity of 	any ordinance or portion of an ordinance:

	     a.  Promising or guaranteeing the payment of money or authorizing the issuance 	    of bonds or other instruments of indebtedness. 

	     b.  Authorizing or approving any contract, deed or agreement.

	     c.  Granting any right or franchise.

	     d.  Making or approving any appropriation or budget.

	     e.  Providing for salaries or other employee benefits not codified in this code.

	     f.  Levying, imposing or otherwise relating to taxes not codified in this code.

	     g.  Adopting or amending the comprehensive plan and regarding zoning and
                 platting and sub-divisions.

	     h.  Dedicating, accepting or vacating any plat or sub-division.

	     i.  Dedicating, establishing, naming, locating, relocating, opening, paving, 		     grading, widening, repairing or vacating any street.

	     j.  Establishing the grade of any street or sidewalk.
	
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	     k. Levying or imposing any special assessments.

	     l.  De-annexing property or excluding property from the town.

	     m. Regarding water wells, water and sewer services.

	     n.  That is temporary, although general in effect.

	     o.  That is special, although permanent in effect.

	     p.  The purpose of which has been accomplished.

	     q.  Reserved.

	2.  The ordinances designated in subsection (1) of this section continue in full 	force and effect to the same extent as if published at length in this Code. 

Sec. 1.108. Code does not affect prior offenses or rights.

	1.  Nothing in this Code or the ordinance adopting this Code affects any offense or act committed or done, any penalty or forfeiture incurred, or any contract or right established before the effective date of this Code.

	2.  The adoption of this Code does not authorize any use or the continuation of any use of a structure or premises in violation of any town ordinance on the effective date of this Code. 

Sec. 1.109. General penalty.

	1.  Established.  Unless another penalty is expressly provided in this Code or in any ordinance of the town, any person who shall violate any of the provisions of this Code shall upon conviction of such violation be subject to a forfeiture, which shall be-as-follows:

	     a.  First offense. For the first offense, a forfeiture of not less than $50.00 nor
	     more than $500.00, together with 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 costs are paid, but not exceeding 90 days.  

	     b. Second offense. Any person found guilty of violating any ordinance or 
   	     provision of this Code who shall previously have been convicted of a violation 	   
	     of the same ordinance or provision shall, upon conviction, forfeit not less than 
	     $100.00 nor more than $500.00 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 to exceed six months.

	     c.  In addition to any penalties as set forth herein, the town may institute the 
	     appropriate legal action or proceedings to enjoin a violation of this code or seek 
	     abatement or removal.
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	     d.  Each day that a violation continues to exist shall constitute a separate 
	     offense. 

	2.  Execution against defendant's property.

	     a.  Whenever any person fails to pay any forfeiture and costs of prosecution 
	     upon the order of a court for violation of this Code or ordinance of the town, the
	     court may, in lieu of ordering imprisonment of the defendant, or after the 
	     defendant has been released from custody, issue an execution against the 
	     property of the defendant for such forfeiture and costs.

	     b.  The imposition of forfeiture does not prevent revocation or suspension of a 
	     license, permit or franchise.

	3.  Citation method of enforcement.

	     a.  Enforcement. The town hereby elects to use the citation method of 
	     enforcement of ordinances. All town law enforcement officers and other town 
	     personnel charged with the responsibility of enforcing the provisions of this 
	     Code are hereby authorized to issue citations for violations of this Code, 
	     including ordinances for which a statutory counterpart exists.	

	     b.  Contents of citation. The citation shall contain the following:

		i.    	The name and address of the alleged violator.
		ii.   	Factual allegations describing the alleged violation.
		iii.  	The time and place of the offense.
		iv.   	The number and section of the ordinance violated.
		v.  	A designation of the offense in such manner as can readily be 
			understood by a person making a reasonable effort to do so.
		vi.	The time and date at which the alleged violator may appear in court.
		vii.	A statement which in essence informs the alleged violator:

			1.  That a cash deposit may be made, which deposit shall be 
			delivered or mailed to the Clerk of Circuit Court prior to the time of 
			the initial court appearance.

			2.  That if a deposit is made, no appearance in court is necessary 
			unless he is subsequently summoned.

			3.  That if a cash deposit is made and the alleged violator does not
			appear in court, he/she will be deemed to have entered a plea of no 
			contest and submitted to a forfeiture, a penalty assessment imposed 
			by Wis. Stat. §757.05, a jail assessment imposed by Wis. Stat. 
			§302.46(1), a crime laboratories and drug law enforcement 
			assessment imposed by Wis. Stats §165.755, any applicable 
			consumer information assessment imposed by Wis. Stat. §100.261, 
			and any applicable domestic abuse assessment imposed by Wis. 
			Stat. §973.055(1) not to exceed the amount of the deposit or, if the 
			court does not accept the plea of no contest, a summons will be 
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			issued commanding him to appear in court to answer the complaint.

			4.  That if no cash deposit is made and the alleged violator does not 
			appear in court at the time specified, the court may issue a 
			summons or a warrant for the alleged violator's arrest or consider 
			the nonappearance to be a plea of no contest and enter judgment, or 
			the town may commence an action to collect the forfeiture, the 
			penalty assessment imposed by Wis. Stat. § 757.05, the jail 
			assessment imposed by Wis. Stat. §302.46(1), the crime 
			laboratories and drug law enforcement assessment imposed by Wis. 
			Stat. §165.755, any applicable consumer information assessment 
			imposed by Wis. Stat. §100.261 and any applicable domestic abuse
			assessment imposed by Wis. Stat. §973.055(1).

			5.  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 Wis. Stat. § 800.093.

			6.  A direction that if the alleged violator elects to make a cash
			deposit, the statement which accompanies the citation shall be 
			signed to indicate that the statement required under subsection 
			(d)(2)g of this section has been read. Such statement shall be sent or 
			brought with the cash deposit.

			7.  Such other information as the town deems necessary.

	     c.  Form of citation. The form of the citation to be used by the town is on file in
	     the town clerk's office and is adopted by reference as though fully set forth in
	     this section.

	     d.  Schedule of deposits.	A schedule of cash deposits may be established for 
	     use with citations issued under this section of the Code by adoption of a 
	     resolution by the town board according to the penalty provisions of this Code or 
	     the Wisconsin Statutes, whichever is applicable. In the absence of a scheduled 
	     or statutorily mandated deposit amount for a particular violation, the deposit 
	     amount shall be $100.00 plus applicable court costs and assessments.

	     e.  Deposits shall be made in cash, money order or certified check to the clerk 
	     of circuit court who shall provide a receipt therefore.

	4.  Procedure. Wis. Stats. §66.0113(3) and any amendments thereto, relating to 
	violator's options and procedure on default, is hereby adopted and incorporated 
	herein by reference.

	5.  Nonexclusively.

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	     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 issuance of a citation under this section shall not 
	     preclude the common council or any authorized officer from proceeding under 
	     any other ordinance or law or by any other enforcement method to enforce any 
	     ordinance, regulation or order. 
 
	6.  Special Inspection Warrants.  The provisions of Wis. Stats. §66.0119 shall 
	govern the issuance of all special inspection warrants.

	7.  Statute of Limitations.  Pursuant to Wis. Stat. §893.93(2)(b), any action to
	recover a forfeiture  or penalty imposed by ordinance or regulation, when no other 
	limitation is prescribed by law, shall be commenced within two years of the 
	violation.  In those situations in which there occurs a continuing violation in 
	existence for more than two years prior to the issuance or the citation and wherein 
	each day the violation exists continues to constitute a separate offense, no penalty 
	may be imposed for each day a violation occurs more than two years prior to the
	issuance of the citation; a penalty may be imposed, however, for each day of the 
	violation occurring within a two year period prior to the issuance of the citation.

State law references—Penalty for violation of ordinances, Wis. Stat. § 66.0109; bail generally, Wis. Stat. § 66.0111; outstanding unpaid forfeitures, Wis. Stat. § 66.0115; actions for violations of municipal ordinances, Wis. Stat. § 66.0114; fees of municipal courts, Wis. Stat. § 814.65; collection of forfeitures generally, Wis. Stat. § 778.10.

Sec. 1.110. Reserved.

Sec. 1.111. Supplementation of Code.

When preparing a supplement to this Code, the person authorized to prepare the supplement may make formal, non-substantive changes in ordinances and parts of ordinances included in the supplement, insofar as necessary to do so in order to embody them into a unified code. For example, the person may:

	1.  Arrange the material into appropriate organizational units.

	2.  Supply appropriate catchlines, headings and titles for chapters, articles, 
	divisions, subdivisions and sections to be included in the Code and make changes 
	in any such catchlines, headings and titles or in any such catchlines, headings and 
	titles already in the Code.

	3.  Assign appropriate numbers to chapters, articles, divisions, subdivisions and 
	sections to be added to the Code.

	4.  Where necessary to accommodate new material, change existing numbers 
	assigned to chapters, articles, divisions, subdivisions or sections.

	5.  Change the words "this ordinance" or similar words to "this chapter," "this 
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	article," "this division," "this subdivision," "this section" or "sections ______ to
	"(inserting section numbers to indicate the sections of the Code that embody the 	substantive 	sections of the ordinance incorporated in the Code).

	6.  Make other non-substantive changes necessary to preserve the original meaning 
	of the ordinances inserted in the Code.

Sec. 1.112. Fees and charges.

All fees and charges required by the town are set by the town board from time to time, and none of the provisions of this Code or the ordinance adopting this Code shall affect such fees and charges.

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Chapter 2

ADMINISTRATION

Article I.   General

Sec. 2.101.	Statutes adopted.
Sec. 2.102.	Voter registration.

Article II.   Town Board

Sec. 2.103.	How constituted.
Sec. 2.104.	Duties and powers.
Sec. 2.105.	Board meetings.
Sec. 2.106.	Accounts to be examined.
Sec. 2.107.	Publication/Posting of ordinances.
Sec. 2.108.	Order of business.
Sec. 2.109.	Committees.
Sec. 2.110.	Duties of presiding officer.
Sec. 2.111	Duties/Election Of Town Clerk And Town Treasurer.
Sec. 2.112.	Reserved.

Article III.    Officers and Employees

Division 1.    Generally

Sec. 2.113.	Term of office of appointive officials.
Sec. 2.114.	Vacancies in office of appointive officials.
Sec. 2.115.	Certificate of appointment.
Sec. 2.116.	Vacancy, when occurring.

Division 2.    Appointive Officials

Sec. 2.117.       Town Attorney; Town Constable.

Article IV.   Boards, Commissions and Committees

Sec. 2.118.       Designated.
Sec. 2.119.       Robert's Rules of Order.
Sec. 2.120.       Additional commissions and committees.

Article V.   Finance

Sec. 2.121.       Receipts and earnings.

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ARTICLE I. GENERAL

Sec. 2.101. Statutes adopted.

The provisions of Wis. Stat., Ch. 6, as amended, in regard to voter registration is incorporated and made a part of this section as if fully set forth at length. 

Sec. 2.102. Voter registration.

	1.  Authorization. Before any adult resident of the town shall be permitted to vote 
	at any election held within the limits of the town, he shall register as a qualified 
	elector.

	2.  Registration. The town clerk/treasurer shall receive applications for 
	registration at his/her office during regular office hours throughout the year and at 
	such other places and at such times as he deems advisable, except that pre-
	registration for any election or primary shall be closed at 5:00 p.m. on the second 
	Wednesday next preceding the election or primary. Registration at other times 
	and places is permissible in accordance with Wis. Stat.,  Ch. 6.

ARTICLE II. TOWN BOARD

Sec. 2.103. How constituted.

The elective officials of the town board shall be a town chairman and two supervisors and shall constitute a board to be designated "Town Board of Texas," two of whom shall constitute a quorum, except when otherwise provided by law; and the chairman may administer oaths and affidavits in all matters pertaining to the affairs of the town. Unless otherwise set by resolution of the town board, meetings of the town board shall be held in the Town of Texas Municipal Center. The town board shall have the duties and powers as provided in this article.

State law reference—Town board generally, Wis. Stat. § 60.20 et seq.

Sec. 2.104. Duties and powers.

The town board shall have all of the powers and duties conferred upon it by Wis. Stats. § 60.22 et seq., as amended, which sections are incorporated by reference and made a part of this section as though fully set forth. In addition, the town board shall exercise powers relating to villages and conferred on village boards, having been lawfully authorized so to do by resolution of a town meeting held on April 11, 2000, which resolution was adopted pursuant to Wis. Stats. § 60.10(2)(c).

Sec. 2.105. Board meetings.

	1.  Regular meetings. Unless otherwise set by resolution of the board the regular 
	meetings of the town board shall be held at the Town of Texas Municipal Center 
	on the second Monday of each month, commencing with the first meeting of the 
	town board after the annual town meeting at 7:00 p.m.

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	2.  Special meetings. Special meetings of the town board may be called by the 
	chairman at such times as he may appoint by oral or written notice of the purpose 
	and time of the meeting to each member, which notice shall be given within a 
	reasonable time prior to the meeting.

	3.  Adjournments. Any regular or special meeting may be adjourned by a majority 
	of the members present at a town board meeting.

	4.  Meetings shall be public. All meetings of the town board shall be open and 
	public, and all its procedures shall be recorded by the town clerk/treasurer or 
	under his authorization in record books kept for that purpose.

	5.  Call to order. The town chairman shall promptly call each meeting of the town 
	board to order at the hour fixed for the holding of such meeting. In case of the 
	absence of the town chairman, the senior supervisor shall call the meeting to 
	order and the supervisors present shall elect one of their number president pro 	tern.

	6.  Attendance; leave of absence. No member of the town board, the town 
	clerk/treasurer, the designated law enforcement officer whose duty it shall be to 
	attend a town board meeting shall absent himself from the meetings of the board 
	unless for illness or other good cause without first having obtained leave of 
	absence.

	7.  Disturbance, how suppressed. Whenever any disturbance or disorderly 
	conduct shall occur in the town board meetings or rooms or halls adjacent to such 
	meetings, the town chairman or other presiding officer of the board shall have 
	power and authority by and with the aid of the designated attending law 
	enforcement officer to cause the disturbance or disorderly conduct to be cleared 
	of all persons except members and officers of the town board. 

Sec. 2.106. Accounts to be examined.

Every account presented to the town board shall not be allowed or directed to be passed until it shall have been examined by the board; and no account shall be acted upon unless it has been filed with the town clerk at least by the Wednesday preceding the Monday upon which a town board meeting is to be held, at which meeting said account is to be presented. 

Sec. 2.107. Publication/Posting of ordinances.

All ordinances adopted by the town board shall be published/posted as provided by Wis. Stat. § 60.80, as amended, and shall not be in effect until so published/posted unless otherwise provided. 

Sec. 2.108. Order of business.

The order of business set forth in this section shall in all cases be adhered to, but the order may be temporarily suspended by majority vote.

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	1.  Call of roll and announcement of presence or absence of a quorum.

	2.  Reading and correcting the minutes of the last preceding meeting or meetings 
	unless dispensed with by the board without objection from any member.

	3.  Old business.

	4.  Reports of standing committees.

	5.  Reports of special committees.

	6.  New business.

Sec. 2.109. Committees.

	1.  Standing committees. The planning commission is a standing committee of the 
	town board and the members shall be appointed by the town chairman with the 
	consent of the board.

	2.  Special committees. Select or special committees may be provided for on 
	motion or by resolution designating the number and object and, unless otherwise 
	ordered, shall be appointed by the town chairman with the approval of the town 
	board. 

Sec. 2.110. Duties of presiding officer.

The presiding officer at meetings of the town board shall be the town chairman, unless otherwise provided, and shall have the following duties:

	1.  The chairman shall be the chief executive officer. He shall take care that town 
	ordinances and state laws are observed and enforced and that all town officers and 
	employees discharge their duties.

	2.  He shall give the board such information and recommend such measures as he 
	may deem advantageous to the town.

	3.  He shall inform the town board when necessary or when referred to for that 
	purpose on any point of order or practice.

	4.  He shall authenticate by his signature when necessary, all ordinances, 
	resolutions, orders and proceedings of the meetings of the board over which he 
	presides.

	5.  The chairman, or other presiding officer of the town board, shall preserve 
	order and decorum, may speak to points of order in preference to others rising 
	from his seat for that purpose, and shall decide questions of order subject to an 
	appeal by any two members, on which appeal no member shall speak more than 
	once unless by leave of the town board.

	6.  The chairman shall have such other duties as the board shall prescribe and as 
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	set forth in Wis. Stat. § 60.24.

Section 2.111.	  Duties/Election Of Town Clerk And Town Treasurer.

	1.  Elections.  The positions of town clerk and town treasurer shall be through the 
	election of said persons for the terms provided by law.

	2.  Duties.  The town clerk and town treasurer shall have those duties as provided 
	in this Code and Wis. Stat. §§60.33 and 60.34.

Sec. 2.112. Reserved.

ARTICLE III. OFFICERS AND EMPLOYEES

DIVISION 1. GENERALLY

Sec. 2.113. Term of office of appointive officials.

All appointive officials, except as otherwise provided, shall hold their office for the term of two years and/or until their successors are lawfully appointed and qualified. 

Sec. 2.114. Vacancies in office of appointive officials.

Vacancies in appointive offices shall be filled by appointment for the residue of the unexpired term by the appointing power and in the manner prescribed in this article for making regular full-term appointments. 

Sec. 2.115. Certificate of appointment.

When an appointive official has filed the oath and bond as required, the town clerk shall issue to him a certificate of appointment. If the appointment is to a commission, the appointee shall file the certificate with the secretary of the commission. 
                                                                            
Sec. 2.116. Vacancy, when occurring.

A vacancy shall occur in case of the dismissal or death of any official or in case of the removal of any officer from the town, or when any officer elected or appointed in, for, or from any part of the town shall remove his residence outside the limits of the town, or when any official shall refuse or neglect for 20 days after notice of his election or appointment to qualify and enter upon the discharge of his duties. 

DIVISION 2. APPOINTIVE OFFICIALS

Sec. 2.117. Town Attorney; Town Constable.

	1.  The town attorney shall be appointed by the town board. The town attorney 
	need not be a resident of the town.  The town attorney shall receive such 
	compensation as the town board shall prescribe.

	2.  The Town Constable shall be appointed by the Town of Texas Town Board.
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ARTICLE IV. BOARDS, COMMISSIONS AND COMMITTEES

Sec. 2.118. Designated.

The boards and commissions of the town are the Board of Appeals, Board of Review, and Plan Commission.

Sec. 2.119. Robert's Rules of Order.

Robert's Rules of Order, Newly Revised, shall apply at all town board, committee or commission meetings unless otherwise required by ordinance or statute. 

Sec. 2.120. Additional commissions and committees.

The town board shall appoint additional commissioners and members of committees and shall form additional commissions and committees as it shall deem necessary for the efficient operation of the town. 

ARTICLE V. FINANCE

Sec. 2.121. Receipts and earnings.

Whenever any town officer or employee is required to turn over any receipts or earnings to the town clerk monthly, such funds received by him/her during the month shall be turned over on or before the tenth day of the succeeding calendar month.

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Chapters 3-5

RESERVED

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Chapter 6

ALCOHOL BEVERAGES

Sec. 6.100.	Adoption by reference.
Sec. 6.101.	Issuance of licenses.
Sec. 6.102.	Retail liquor and beer license fees.
Sec. 6.103.	Issuance of operator’s license.
Sec. 6.104.	Operator’s license requirement.
Sec. 6.105.	Provisional operator’s license.
Sec. 6.106.	Business continuation.

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Sec. 6.100. Adoption by reference.
The provisions of Wis. Stat. Ch. 125 are hereby adopted and by reference made a part of this section as if fully set forth herein.  Any person violating any provisions of this chapter shall, upon conviction, be subject to the penalties set forth in Wis. Stat. Ch. 125.

Sec. 6.101. Issuance of licenses.

Restrictions on issuing alcohol beverage licenses shall be as follows:

	1.  Premises. No initial or renewal alcohol beverage license shall be granted for 
	any premises for which taxes, assessments or other claims of the town are 
	delinquent and unpaid.

	2.  Persons. No initial or renewal alcohol license shall be granted to any person:

	     a.  Delinquent in payment of any taxes, assessments or other claims owed to the 
	     town.

	     b.  Delinquent in payment of a forfeiture resulting from a violation of any 
	     ordinance.

	     c.  Delinquent in payment to the state of any taxes owed.

Sec. 6.102. Retail liquor and beer license fees.

	1.  Class A licenses. The annual fees for class A licenses shall be from time to time
	set by the town board.

	2.  Class B licenses. The annual fees for class B licenses shall be as from time to 
	time set by the town board. 

Sec. 6.103. Issuance of operator's license.

The fee for an operator's license shall be from time to time as set by the town board and, except as otherwise provided, shall be issued for one year and shall expire on June 30 of the year for which issued. 

Sec. 6.104. Operator's license requirement.

	1.  An operator's license shall be issued by the town clerk/treasurer only to persons 
	qualified under Wis. Stat. § 125.04(5), as amended, 18 years of age or over, of 
	good character, who have been citizens of the United States and residents of this 
	state continuously for not less than ninety days prior to the date of the filing of the 
	application. Such licenses shall be operative only within the limits of the town.  
	For the purpose of this section, any member of the immediate family of the 
	licensee shall be considered as holding an operator's license.

	2.  No operator's license shall be issued, except as otherwise provided, unless the 
	applicant has completed a responsible beverage server training course. Applicants 
	are exempted from the training course requirement if they are renewing an existing 
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	operator's license, have completed the training course within two years prior to the 
	date of making the application or have held a retail license, managers or operators 
	license within the preceding two years. Applicants may be issued a provisional 
	operator's license if they are enrolled in a training course.

Sec. 6.105. Provisional operator's license.

The town clerk/treasurer shall issue a provisional operator's license to a person who has applied for an operator's license. The standards contained in Sections 6.103 and 6.104 shall apply to any person issued a provisional operator's license. Such license shall be effective for a period of 60 days or until a regular operator's license is issued, whichever event shall first occur. The fee for a provisional operator's license shall be set by the town board. 

Sec. 6.106. Business Continuation.

	1.  As a condition of maintaining and keeping an alcohol beverage license in this 
	town, any licensee must continue in business.  Issuance or retention of a license by 
	a party not doing business is hereby declared to be against public policy and 
	lacking in usefulness.  

	2.  The following words, terms and phrases, when used in this section, shall have 
	the meanings ascribed to them in this subsection, except where the context clearly 
	indicates a different meaning:

Business Continuation means:

Time of Operation.  The applicant must maintain appropriately zoned premises and be open for the business of selling liquor at least 100 days of the license period, with each day consisting of at least six continuous hours in a 24 hour period.  For each renewal application for licenses to take effect in July 2010 or thereafter, the applicant must have been open for the business of selling liquor for at least 100 days during the previous 12 months, except due to circumstances beyond its control, with each day consisting of at least six continuous hours in a 24-hour period.

Damage to Business Premises.  Any applicant whose place of business suffers damage that causes it to be non-operable for a period of time shall make every reasonable effort to timely remedy the damage in order to resume normal operations in six months or less from the date of damage.  Open means conducting business publicly at least six hours per calendar day.

	1.  If any licensed party violates this section, the Town Board may take 
	disciplinary action, including reprimand, license suspension for a specified 
	number of days (up to 90 days) or revocation.  Any license that has been revoked 
	shall not be reinstated within the following 12 months.  Any disciplinary action
	taken shall follow notice to the licensee prior to a hearing.  The hearing notice, 
	which will include the reason for the hearing, and later the hearing decision of the 
	Board, will be sent by first class mail to the licensee’s last known address, or 
	personally served at the Town Chairman’s option.

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	2.  If disciplinary action is taken against an alcohol licensee, the procedure 
	mandated under Wis. Stat. § 125.12 will be followed.  At present, the procedure
	requires personal service of the hearing notice (summons) and complaint, and a 
	hearing within three to ten days thereafter.  If the licensee cannot be found, the 
	summons may be published once in a newspaper of general circulation deemed 
	most likely to provide notice to the license holder.

	3.  There shall be no refunds of any license fee paid to a party whose license is 
	revoked.

	4.  In lieu of a hearing, the Town Board may accept surrender of the license, and 
	the board shall then determine the time period before another application for the 
	same type of license will be accepted from the former licensee.

	5.  Evidence and testimony at the hearing shall be done in open session.  The Clerk 
	shall see that the hearing notice is posted or published in a format acceptable to the 
	town chairman.

	6.  When a tenant has not done business in the licensed premises for at least 30 
	consecutive days, voluntarily vacated the premises more than 30 days before the 
	Board decision, or was court ordered out of the premises with vacation to be at 
	least 30 days before the Board’s decision, grounds for suspension or revocation 
	exist.  Testimony of any party, eviction notice, court documentation or other valid 
	evidence of such actions may be presented.  The board may issue a summons and 
	set up the hearing date prior to the expiration of the 30-day period, any may make 
	its decision effective on a later date, in its discretion.

	7.  Unless no disciplinary action, including reprimand or probation, is offered by 
	the Board, the license holder shall reimburse the Town for costs of personal 
	service, mailing, fax costs and any per diem paid for a Town officer to attend the
	hearing or other meeting due to a license violation.  Payment of the fees shall earn 
	five percent interest if unpaid within 30 days.  Payment shall be required before 
	any future license is issued or reinstated to the license holder.

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Chapters 7-9

RESERVED

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Chapter 10

ANIMALS

Article I.   In General

Sec. 10.100.	State code adopted.
Sec. 10.101.	Nuisance.
Sec. 10.102.	Reserved.
Sec. 10.103.	Abandonment of domestic animals.
Sec. 10.104.	Reserved.
Sec. 10.105.	Legal fences.

Article II.   Dogs and Cats

Sec. 10.106.	Definitions.
Sec. 10.107.	Licenses Required.
Sec. 10.108.	Restrictions on keeping dogs and cats.
Sec. 10.109.	Impounding of dogs and cats.
Sec. 10.110.	Claiming impounded dog or cat.
Sec. 10.111.	Duty of owner in cases of dog bite.
Sec. 10.112.	Number of dogs and cats limited.
Sec. 10.113.	Animal excreta.

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ARTICLE I. IN GENERAL

Sec. 10.100. State code adopted.

It is expressly provided and ordained that all of the provisions of Wis. Stat. Ch. 172, as amended, are incorporated by reference into this section with the same force and effect as if fully set forth. 

Sec. 10.101. Nuisance.

	1.  The keeping or harboring of any animal or fowl that, by frequent or habitual 
	howling, yelping, barking, crowing or making of other noises, shall greatly annoy 
	or disturb a neighborhood or any considerable number of persons within the town 
	which tend to create a disturbance is prohibited. 

	2.  In a residential district the keeping or harboring of any animal or fowl that 
	permits an offensive odor or unusual odor that greatly annoys or disturbs a 
	neighborhood or any considerable number of persons within the town shall be 
	declared a public nuisance.  

Sec. 10.102. Reserved.

Sec. 10.103. Abandonment of domestic animals.

No person shall transport any domestic animal into the town for the purpose of abandoning the animal, and no person shall abandon any domestic animal within the Town of Texas. 

Sec. 10.104. Reserved.

Sec. 10.105. Legal fences.

Legal fences as set forth in Wis. Stat. § 90.02, are deemed and declared to be the legal and sufficient fences within the Town.   

ARTICLE II. DOGS AND CATS

Sec. 10.106. Definitions.

The following definitions shall apply in construing the provisions of this section, unless the context or subject matter otherwise requires:

	1.  Owner means any person owning, harboring or keeping a dog or cat.  The 
	occupant of any premises on which a dog or cat remains or to which it 
	customarily returns daily for a period of ten (10) days, is presumed to be 
	harboring or keeping the dog or cat within the meaning of this Code. 

	2.  At large means to be off the premises of the owner and not under the control of 
	some person, either by leash or otherwise.  But a dog or cat within an automobile 
	of its owner or in an automobile of any other person with the consent of the dog 
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	or cat’s owner shall be deemed to be on the owner's premises.

Sec. 10.107. Licenses required.

No person shall own, harbor, or keep any dog more than five (5) months of age without 
complying with Wis. Stat. §§174.05 through 174.10 relating to the licensing, listing and tagging of dogs.

Sec. 10.108. Restrictions on keeping dogs and cats

No person within the town shall own, harbor or keep:

	1.  Any dog which habitually pursues any vehicle upon any public street, alley or 
	highway in the town.

	2.  Any dog which assaults or attacks any person.

	3.  Any dog which is at large within the limits of the town.

	4.  Any dog which habitually barks or howls to the annoyance of any person or 
	persons.  

	5.  Any dog that kills, wounds, or worries any domestic animal.

	6.  Any dog which is known by any such person to be infected with rabies or to 
	have been bitten by any animal known to have been infected with rabies.  

Sec. 10.109. Impounding of dogs and cats.

It shall be the duty of the Town Constable to impound every dog or cat found or known to be running at large within the town.  Each dog or cat impounded by the Town Constable shall be taken to the Marathon County Humane Society for seven (7) days from the time of his capture, unless sooner released as hereinafter provided.  All dogs or cats remaining at the Marathon County Humane Society for a period of seven (7) days after the time of their capture may be disposed  of  as deemed appropriate by the Town Chairman upon the recommendation of the Marathon County Humane Society.  

Sec. 10.110. Claiming impounded dog or cat.

Impounded dogs and cats shall be forthwith delivered to the Marathon County Humane Society by the Town Constable.  Any person whose dog or cat has been impounded may obtain the animal’s release from the Marathon County Humane Society by making payment to the Marathon County Humane Society for all of the costs, charges and/or expenses that were incurred as a result of the animal’s impoundment.  Every person taking a dog or cat from the Marathon County Humane Society shall sign a receipt therefore.  

Sec. 10.111. Duty of the owner in cases of dog bite.

Every owner of person harboring or keeping a dog who knows that such dog has bitten 
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any person shall immediately report such fact to the Town Constable and the Marathon County Health Department and shall keep such dog confined for not less than fourteen (14) days or for such a period of time as the Marathon County Health Department shall direct.  The owner or keeper of any such dog shall surrender the dog to the h Marathon County Health Department or to the Town Constable upon demand for examination.  

Sec. 10.112. Number of dogs and cats limited.

No more than three (3) dogs shall be kept in or upon one residential unit or by one or more persons constituting one residential unit unless the premise is issued a conditional use permit for boarding of dogs.  No more than three (3) cats shall be kept in or upon one residential unit or by one or more persons constituting one residential unit.

Sec. 10.113. Animal excreta.

No person who has the care, custody, or control of any animal shall allow or permit the animal to defecate or urinate upon property not owned by such person or without such other property owner’s consent or upon any public property.  

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Chapters 11—13

RESERVED

11:1
Chapter 14

BUILDINGS AND BUILDING REGULATIONS

Article I.   In General

Sec. 14.100.     No town liability.
Sec. 14.101.     Building code and regulations.

Article II.   Administration and Enforcement

Division 1.  Generally

Sec. 14.102.	Penalties.
Sec. 14.103.	Enforcing official.
Sec. 14.104.	Building inspector.
Sec. 14.105.	Stop work order.
Sec. 14.106.	Change.
Sec. 14.107.	Open excavations prohibited.

Division 2.   Permits and Fees

Sec. 14.108.	Licenses and fees.
Sec. 14.109.	Permits.
Sec. 14.110.	Furnishing of grade level.
Sec. 14.111.	Reserved.
Sec. 14.112.	Time limitations.
Sec. 14.113.	Moving permits.

Division 3.   Inspections and Orders

Sec. 14.114.     Inspections.
Sec. 14.115.     Certificate of occupancy.

Article III.   Wrecking, Razing and Demolition of Buildings

Sec. 14.116.	Demolition regulations; purpose.
Sec. 14.117.	Permit required.
Sec. 14.118.	Liability of independent contractor.
Sec. 14.119.	Wrecking permit fee.
Sec. 14.120.	Public safety.
Sec. 14.121.	Removal of rubble and rubbish.

Article IV.   House and Building Numbering

Sec. 14.122.     Intent.
Sec. 14.123.     Specifications. 
Sec. 14.124.     Numbers required.

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ARTICLE I. IN GENERAL

Sec. 14.100. No town liability.

The provisions of this chapter shall not be construed so as to impose any liability or the assumption of liability on the part of the town for damages to anyone injured or any property destroyed by any defect in any building or equipment or in any heating, ventilating, air conditioning, electrical, plumbing or other equipment. 

Sec. 14.101. Building code and regulations.

	1.  The Administrative Code provisions describing and defining regulations with 
	respect to new one (1) and two (2) family dwellings in Comm 20-25 of the 
	Wisconsin Administrative Code are hereby adopted by the Town of Texas, 
	Marathon County, and by reference made a part of this ordinance as if fully set 
	forth herein.  Any future amendments, revisions or modifications of the 
	Administrative Code provisions incorporated herein are intended to be made part 
	of this ordinance to secure uniform statewide regulation of all new one (1) and 
	two (2) family dwellings.  A copy of these administrative code provisions and any 
	future amendments shall be kept on file in the office of the Town of Texas 
	Building Inspector.  

	2.  Uniform Dwelling Code means those Administrative Code provisions and any 
	future amendments, revisions or modifications thereto, contained in the following 
	chapters of the Wisconsin Administrative Code:

	Wis. Adm. Code  Comm 20- Administration and Enforcement
	Wis. Adm. Code  Comm 21- Construction Standards
	Wis. Adm. Code Comm 22- Energy Conservation Standards
	Wis. Adm. Code Comm 23- H.V.A.C.
	Wis. Adm. Code  Comm 24- Electrical Standards
	Wis. Adm. Code  Comm 25- Plumbing and Potable Water Standards

	3.  Zoning. No provision or provisions of this chapter shall be construed to repeal, 
	modify or constitute an alternative to any of the town's zoning regulations.

ARTICLE II. ADMINISTRATION AND ENFORCEMENT

DIVISION 1. GENERALLY

Sec. 14.102. Penalties.

In addition to the failure to obtain a permit, revocation of a permit or the withholding of a building permit and injunctive relief, any person who violates any provision of this chapter shall be subject to Wisconsin Administrative Code Comm 20.22.

Sec. 14.103. Enforcing official.

For the purposes of enforcing the provisions of this chapter and the administrative codes 
adopted in this chapter, the building inspector shall be that person appointed or assigned 
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such duties by the town board.

Sec. 14.104. Building Inspector.

	1.  Creation.  The position of Building Inspector is hereby created within the 
	towns.  The Building Inspector shall administer and enforce the provisions of the 
	Wisconsin Uniform Dwelling Code and be certified under the provisions of the 
	Wisconsin Safety and 	Buildings Division.

	2.  Appointment. The Building Inspector shall also be the trailer inspector. The 
	Building Inspector shall be appointed by the Town of Texas Town Board.

	3.  Compensation. The Building Inspector shall receive such compensation as the 
	town board shall prescribe.

	4.  Records. There shall be kept in the office of the Building Inspector or the 
	Town Clerk a book containing a record of all applications for building permits, 
	and each permit shall be regularly numbered in the order of its issue. 

	5.  The razing, removal and condemnation of buildings and fees collected for such 
	work shall likewise be maintained by the Building Inspector or the Town Zoning 
	Inspector and shall be available for public inspection at reasonable times and 
	intervals. 

Sec. 14.105. Stop work order.

If the Building Inspector determines that any work or construction is not proceeding in accordance with the requirements of the approved plans, a stop work order shall be served upon the owner or his representative, and a copy shall be posted at the site of the construction.  Such stop work order shall not be removed except by written notice from the Building Inspector and upon the Building Inspector's being satisfied that any violation has been corrected. 

Sec. 14.106. Change.

It shall be unlawful to change the use of any building, structure, premises or part without first obtaining from the Building Inspector an approval of such change in the occupancy or use and a certificate of occupancy. 

Sec. 14.107. Open excavations prohibited.

	1.  No excavation for building or any other purpose in the town, whether or not
	completed, shall be left open for more than six months without proceeding with 
	the erection of a building on the premises. If any such excavation remains open 
	for more than six months, the town shall order the erection of a building on the 
	excavation to begin forthwith or in the alternative that the excavation be filled to
	grade.

	2.  Such order shall be served upon the owner of record or his agent or an agent in 
	charge of the premises and upon the holder of an encumbrance of record in the 
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	manner provided for service of a summons in the circuit court. If the owner or the 
	holder of an encumbrance of record cannot be found; the order may be served by
	posting it on the premises and by publishing it at least three places in the town for 
	at least ten (10) days before the time limited in the order commences to run.

	3.  If the owner of record fails to comply with the order within 15 days after 
	service upon him, the town shall cause the excavation to be filled to grade; and 
	the cost shall be charged against the real estate and entered in the next succeeding 
	tax roll as a special tax and shall bear interest at the rate of 18 percent per annum 
	or 1.5 percent per month from the date of the report of the cost.

	4.  The term "excavation" shall include depressions caused by filling two or more 
	sides of a plot of land and shall include excavations for any purpose, including 
	stripping of land, basements, part basements or other excavations left as residue of 
	a burned or razed building; and such basements and excavations shall after six 
	months be subject to the same provisions as excavations made for the purpose of 
	erecting new structures. This section shall not apply to excavations in streets.

DIVISION 2. PERMITS AND FEES  

Sec. 14.108. Licenses and fees.

No person shall conduct or begin construction for any project requiring a permit for such actions without first applying for a permit and payment of such permit fees established by the town board.

Sec. 14.109. Permits.

	1.  Permit fees are established within the contract of the Building Inspector and 
	approved by the town board.  

	2.  Street dedication required.  No permit for residential or commercial 
	construction shall be issued unless the property on which the building is proposed 
	to be built abuts a street that has been dedicated and improved for street purposes. 
	The lot upon which the structures are to be located must comply with all 
	ordinances, including zoning.

	3.  Conditions for issuance.

	     a.  If the Building Inspector finds that the proposed building will comply in 
	     every respect with the provisions of this chapter and other municipal 
	     ordinances and all laws of the State and lawful orders issued pursuant to such 
	     ordinances and laws, he/she shall issue a building permit. After being 
	     approved, there shall be no material alterations or changes in the plans or 
	     specifications that would in any way impact upon these ordinances or other 
	     ordinances or laws without the written consent of the Building Inspector.

	     b.  In no event shall work commence on any building prior to a building permit 
	     being issued. The Building Inspector in his/her discretion may issue a permit 
	     for the construction of part of a building or structure prior to receiving the
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	     plans and specifications for the entire building or structure. However, the 
	     issuance of a permit shall not be construed to prevent the Building Inspector
	     from thereafter requiring correction of errors in any plan or specification or
	     from preventing building operations being carried on when in violation of any
	     ordinances of the Town or the laws of the state or lawful orders issued 
	     pursuant to such ordinances or laws.

	     c.  For the construction of buildings requiring approval of the Department of   
	     Commerce, no permit shall be issued until such approved plans are received by 
	     the Building Inspector.

	4.  The Town may revoke any permit, certificate of occupancy or approval issued 
	under this section and may stop construction or the use of any materials, 
	equipment, methods of construction, devices or appliances for any of the 
	following reasons:

	     a.  Whenever there is a violation of any provision of this chapter, the laws of 
	     the State or any lawful orders relating to this chapter or such laws.

	     b.  Whenever the continuance of any construction becomes dangerous to life or    
	     property.

	     c.  Whenever there is any violation of any condition or provision of the 
	     application for a permit or of the permit.

	     d. Upon discovery of any false statement or misrepresentation having been 
	     made in the application for a permit or plans, drawings, data, specifications or 
	     certified lot or plot plan on which the issuance of the permit or approval was
	     based.

	     e. In the event of violation of any condition of any approval or occupancy 
	     given by the  Building Inspector for the use of any materials, equipment, 
	     methods of construction, devices or appliances.

	5.  The Town shall cause to be served personally upon the applicant for the 
	permit, the owner of the premises and his agent, if any, and on the person having 
	charge of construction, a notice that the permit is revoked and construction shall 
	cease forthwith.  In addition thereto, such notice shall be posted upon the 
	building, structure, equipment or premises.  After such notice is given, it shall be
	unlawful for any person to proceed thereafter with construction on the premises, 
	and the permit shall become null and void. No additional construction shall take 
	place upon the premises until a new permit is issued pursuant to the requirements 
	of this chapter after the payment of the fees required in this chapter.  All 
	construction thereafter pursuant to the new permit must be in full compliance with 
	the requirements of this chapter and other ordinances of the Town and the laws of 
	the State. 

Sec. 14.110. Furnishing of grade level.

	1.  Paved surfaces.  Where a road has been provided with a finished, paved 
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      surface, the grade level shall be as follows: on substantially level ground, the 
	grade level of the main floor shall be 18 inches above the crown of the road. The 
	finished garage floor slab shall be a minimum of 12 inches above the crown of the 
	road. In cases of conflict, the most restrictive dimension shall apply. On sloping 
	ground, the Building Inspector shall be contacted so that he/she can approve the 
	appropriate grade level.

	2.  Non-paved surfaces.  Except in those instances where a road has been provided 
	with a finished, paved surface, and except where the town board has approved a 
	profile for the road, the furnishing of a grade level shall be required in all 
	subdivisions of the Town and may be required in other instances by the Building 
	Inspector in his/her discretion in order to carry out the terms and provisions of this 
	chapter. The fee for the furnishing of the grade in all cases shall be set by the 
	town board.

Sec. 14.111. Reserved.

Sec. 14.112. Time limits.

	1.  Six months.  The building permit shall become void unless visible on-site 
	construction is commenced within six months from the date of issuance of the 
	permit or if the building or work authorized by such permit is suspended at any 
	time after work is commenced for a period of sixty (60) days. The period of time 
	may be extended by the Building Inspector if the delay was due to conditions 
	beyond the control of the applicant. All permits granted under the terms of this
	 division shall be valid for only 24 months unless otherwise so regulated by the 
	Wis. Admin. Code.

	2.  New permit.   Before any on-site work or construction is commenced after the 
	permit has lapsed, a new permit shall be issued and a new fee paid.  In all cases, 
	all construction shall be completed within 24 months from the date of issuance of 
	the permit.

Sec. 14.113. Moving permits.

	1.  Fee for permit.

	     a.  Approval necessary. No person shall move any building from one place or 
	     location to another within the town, through the town, or into the town without 
	     first obtaining approval from the town board and obtaining a moving permit.
	     The fee for the moving permit shall be as set by the Town of Texas Town 
	     Board.

	     b.  Review of moving permit. No moving permit for the moving of buildings 
	     shall be issued by the town board until it has reviewed the opinion of the 
	     Building Inspector and Marathon County Sherriff’s Department.  

	     c.  Building permit for moved buildings. Any person moving a building within, 
	     through or into the town shall obtain a building permit only after the moving
	     permit has been approved.
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	2.  Application; denial; appeal. A written application for a moving permit is 
	required, and the applicant shall file full and complete information and a plan 
	signed by the applicant and by the owner, specifying the type of building, present 
	location, place to which it was intended to move the building, and streets to be 
	crossed or traversed in moving the building. The town board may refuse to grant
	such permits under any conditions if, in the judgment of the town board, damage 
	to the streets, shrubbery, trees, boulevards, wires, pipes or utilities or other 
	facilities may result. However, the town board may approve the permits providing
	the applicant agrees to pay all expenses for damages under such conditions as 
	may be set by the town board.

	3.  Bond required.

	     a.  Amount. The town board shall require a bond or letter of credit to be filed 
	     by the applicant and/or owner.  The town board may require an additional 
	     bond or letter of credit for or an additional amount to be included for a moving
	     permit under such special conditions as the town board may prescribe.  Any 
	     bond or letter of credit required by the town board herein may be conditioned
	     upon, among other things, the indemnification to the town for any costs or 
	     expenses incurred by it in connection with payment of any judgment together 
	     with the costs and any connected expenses incurred by the town arising out of 
	     the removal of the building for which the permit is issued.

	     b. Barriers for excavations required. The bond or letter of credit required 
	     herein  shall be further conditioned upon the applicant's or the owner's erecting   
	     adequate barriers to guard any exposed excavation caused by the removal of a  
	     building or structure from being a safety hazard unless determined otherwise
	     by the town board. The bond or letter of credit shall be further conditioned 
	     upon the owner's or applicant's filling in such excavation within 48 hours after
	     the excavation is exposed, or adopting and employing such other means, 
	     devices or methods approved by the town board that would be reasonably 
	     calculated to prevent injury or damage to person or property as a result of the 
	     exposed excavation.

	4.  Contents.  A moving permit shall specify the present location of the building, 
	the location to which it is permitted to be moved, and the streets to be traversed, 
	and may specify any other conditions imposed by the town board, including the 
	right to stop the moving operations if it becomes apparent that damage, with 
	reasonable probability, will ensue if the operations are continued.

	5.  General conditions.

	     a.  Continuous movement. The movement of any building or structure pursuant 
	     to a lawfully issued moving permit shall be continuous and uninterrupted until 
	     the move is fully completed. The moving shall be performed with the least
	     possible obstruction to thoroughfares. No building shall be allowed to remain 
	     overnight upon any public thoroughfare or public property, nor shall any such 
	     building be allowed to obstruct access to any fire hydrant or any other public
	     facility. Lighted warning flashers shall be kept in conspicuous places at each
	     end of the building or structure during hours of darkness.
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	     b. Street repair.  Every person receiving a permit to move a building shall, 
	     within 24 hours after any building or structure for which a permit has been 
	     issued reaches its destination, report to the Town Chairman that the move has
	     been completed.  The Town Chairman shall thereupon inspect the streets and 
	     highways over which the building had been moved.  After such inspection, if 
	     in the opinion of the town board the transportation of the building over any 
	     public street or property has caused any damage to any street or property, the 
	     person to whom the permit was issued shall forthwith restore the streets and/or 
	     property to in as good repair and condition as they were in prior to the time the 
	     permit was granted. On the failure of the permittee to do so within ten   
	     days thereafter to the satisfaction of the town board, the town shall repair the   
	     damage, and the person to whom the permit was issued and his or her sureties 
	     shall be responsible for the payment of the costs of repair.

	     c.  Conformance with chapter.  No permit shall be issued to move a building 
	     within, through or into the town and to establish it upon a location within the 
	     town until the Building Inspector has made an investigation of such building at 
	     the location from which it is to be moved, and is satisfied from such 
	     investigation that the building is in a sound and stable condition and of such
	     construction that it will meet the requirements of this chapter in all respects.  
	     Should any repairs, improvements or remodeling be contemplated or required, 
	     such repairs, improvements or remodeling shall be made insofar as possible 
	     before the building is taken from the premises from which it is to be moved. A 
	     complete plan of all further repairs, improvements and remodeling with 
	     reference to such building shall be submitted to the Building Inspector, and
	     he/she shall make a finding of fact to the effect that such repairs, 
	     improvements and remodeling are in conformity with the requirements of this
	     chapter, and that when the repairs, improvements and remodeling are 
	     completed, the building as such will so comply with this chapter.  The 
	     Building Inspector shall report these facts to the town board prior to issuance 
	     of a moving permit. If a building is to be moved from the town to some point 
	     outside its boundaries, the provisions with respect to the furnishing of plans 
	     and specifications for proposed alterations to such building may be 
	     disregarded.

	6.  Town Board approval required.

	     a.  Architectural compatibility. No moving permit shall be issued by the town 
	     board unless the town board shall first determine by a majority vote and after
	     an inspection of the property and the application for a permit that the exterior 
	     architectural appeal and functional plan of the building to be moved or to be 
	     moved and altered will not be so at variance with either the exterior 
	     architectural appeal and functional plan of the buildings already constructed or
	     in the course of  construction in the immediate neighborhood, or the character 
	     of the applicable district established by the Town Zoning Ordinances, or any
	     ordinance amendatory of or supplementary to such ordinance, as to cause a 
	     substantial depreciation in the property values of the neighborhood within the
	     applicable district. In making such determination, the town board shall 
	     consider the exterior elevations of the building, the photographs of all sides 
	     and views of the building; and if it is proposed to alter the exterior of the 
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	     building, the plans and specifications of such proposed alterations as well as a 
	     view of the building proposed to be moved and of the site to which it is to be  
	     located and such other information as the town board in its discretion deems 
	     appropriate. If the owner proposes to alter the exterior of the building after 
	     moving it, he/she shall submit with his application papers complete plans and 
	     specifications for the proposed alterations.  Before a permit shall be issued for 
	     a building to be moved and altered, the owner shall provide a bond or letter of 
	     credit as determined by the town board, to the town clerk, which shall not to be 
	     less than $5,000.00 and conditioned upon the fact that he will within a time to 
	     be set by the town board complete the proposed exterior alterations to the 
	     building in the manner set forth in his plans and specifications. The bond or 
	     letter of credit shall be in addition to any other surety that may be required by 
	     other applicable ordinances. No occupancy permit shall be issued for the
	     building until the exterior alterations shall have been fully completed.

DIVISION 3. INSPECTIONS AND ORDERS

Sec. 14.114. Inspections.

It shall be the responsibility of the applicant for a building permit to request inspections of the Building Inspector at certain stages of progress during construction. The Building Inspector shall perform the requested inspection within 48 hours after notification except the final inspection. Construction shall not proceed beyond the point of inspection until the inspection has been completed.  The following sequence of inspections shall be performed for the purpose of determining if the work complies with the requirements of the State Uniform Dwelling Code (UDC) and Town of Texas Ordinances:

	1.  Footings.  The excavation shall be inspected after the placement of forms, 
	shoring and reinforcement and prior to placement of footing materials.

	2.  Foundation.  Where below-grade drain tiles, waterproofing or exterior 
	insulation is required, the foundation shall be inspected prior to backfilling.

	3.  General construction and rough plumbing.  When the structure is framed and 
	the plumbing is roughed in.

	4.  Heating, ventilating, air conditioning and electrical. When the rough heating, 
	ventilating, air conditioning and electrical is completed.

	5.  Insulation.  After the insulating and vapor barrier are installed and after all 
	other rough inspections have been made.

	6.  Final inspection.  The dwelling may not be occupied until a final inspection 
	has been made which finds that no violations of the dwelling code or ordinance
	have occurred.

Sec. 14.115. Certificate of occupancy.

	1.  Inspections.
	
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	     a.  Occupancy permit and final inspection. A building or structure cannot be
	     occupied until a final inspection is completed and a certificate of occupancy is 
	     issued.  In addition to other requirements for the issuance of an occupancy
	     permit, such permit cannot be issued if there are any safety and health
	     violations; i.e. handrails missing, improper stairs, landings or exits incomplete,
	     electrical, smoke detectors missing, improper egress windows, etc.  An
	     occupancy surcharge set by the town board will be added to each building
	     permit fee. If the building is unoccupied at the time of final
	     inspection and a certificate of occupancy is issued by the Building Inspector 
	     after a  finding of no violations, the surcharge will be refunded. If no violations 
	     of this chapter or other ordinances are found, the Building Inspector shall issue 
	     a certificate of occupancy under this section, which shall state the purpose for
	     which the building or structure is to be used.

	     b. Use must be consistent with certificate of occupancy. No building or no part 
	     of a building shall be occupied until such certificate has been issued; nor shall
	     any building be occupied in any manner that conflicts with any conditions set 
	     forth in the certificate of occupancy.

	2.  Use discontinued.

	     a.  Use contrary to occupancy permit. Whenever any building or portion 
	     thereof is being used or occupied contrary to the provisions of this chapter, the 
	     Building Inspector shall order such use or occupancy discontinued and the 
	     building vacated by notice served on any person using or causing such use or
	     occupancy to be continued; and such person shall vacate such building within
	     ten days after receipt of the notice or make the building comply with the
	     requirements of this chapter.

	     b.  Occupancy of vacated or damaged premises. Any building, structure or 
	     premises vacated or damaged by any cause whatsoever so as to jeopardize
	     public safety or health shall not thereafter be occupied or used under any 
	     existing certificate of occupancy or without the certificate until an application 
	     has been filed and a new certificate of occupancy issued.

	3.  Hardship.  The Building Inspector shall have the authority and power to permit
	the occupancy of any building or structure in the town prior to issuance of an 
	occupancy certificate, in all such cases of hardship, as in his/her judgment and 
	discretion, warrant occupancy before final stage of completion as set forth in this 
	chapter.  Before granting such permission, the Building Inspector shall first 
	examine the premises and determine if it is safe and sanitary. The Building 
	Inspector shall determine the time within which such building or structure can be
	completed. Such time should not exceed 120 days.

ARTICLE III. WRECKING, RAZING AND DEMOLITION OF BUILDINGS

Sec. 14.116. Demolition regulations; purpose.

The purpose of this article is to promote the public health, safety and general welfare of the town. This article is designed to provide for the safe, orderly and supervised 
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wrecking, razing or demolition of buildings or structures.
 
Sec. 14.117. Permit required.

	1.  Wrecking permit.  No person shall wreck, raze or demolish or commence the 
	wrecking, razing or demolition of a building or structure without first filing an 
	application in writing with the building inspector and obtaining a written 
	wrecking permit from the building inspector.

	2.  Conditions of permit.  The Building Inspector shall issue a wrecking permit 
	after the applicant has submitted written evidence to him that:

	     a.  The owner of the building or structure or his authorized agent has notified 
	     all utilities including but not limited to such utilities as water, electricity, gas 
	     and sewer, having service connections with such building or structure, of the 
	     work to be done.

	     b. All connections such as meters and regulators have been removed or sealed
	     and plugged in a safe manner.

	     c.  Proof of liability insurance is in effect in those amounts as from time to 
	     time determined by the town board.  

Sec. 14.118. Liability of independent contractor.

Any independent contractor who contracts with the owner of any building or structure for the wrecking, razing or demolition of the building or structure shall be liable for all permits, fees and regulations the same as if he were the owner of such building or structure. 

Sec. 14.119. Wrecking permit fee.

The fee for a permit required by Section 14.117 shall be as set by the town board. 

Sec. 14.120. Public safety.

A snow fence and/or lighted barricades or such other safeguards as the Building Inspector shall direct must be erected at the worksite to promote public safety. 

Sec. 14.121. Removal of rubble and rubbish.

All rubble, rubbish, and other debris shall be removed from any work or construction site 
promptly so as to safeguard against the health, safety and welfare of the public. All rubble and rubbish shall be hauled to a site that is either a licensed solid waste disposal facility or will otherwise allow the deposit of such materials under all State and town laws, ordinances, and regulations.

ARTICLE IV. HOUSE AND BUILDING NUMBERING

Sec. 14.122. Intent.
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The intent of this article is to assist the designated law enforcement and fire departments in quickly finding the correct residence at which to provide emergency services by requiring house and building numbers to be placed in prominently visible locations. 

Sec. 14.123. Specifications.

	1.  Content. The standard number shall be not less than three inches in height, 
	either in bright metal or plainly painted so as to be easily seen and read.

	2.  Display requirement. The assigned street number shall be conspicuously 
	displayed on the primary driveway for every house and building in the town.
	House numbers will be furnished by the town at the time of issuance of the 
	building permit. All property owners shall be responsible for keeping the sign 
	clear of all obstructions such as brush and snow.

	3.  Placement. The number shall be placed immediately within ten (10) feet of the 
	road right-a-way on a stake provided by the Town.  

	4.  New houses and buildings incomplete. In the case of new houses and 
	buildings, the number, together with the building permit, shall be placed on a 
	temporary post or tree in front of the construction where it is visible from the 
	street. When the building is completed, the number shall be moved to the 
	permanent location specified above.

	5.  Replacement.  If a sign is damaged or broken in any way, the owner of the 
	property is responsible for the cost of a new sign.  

Sec. 14.124. Numbers required.

No permit for the construction of a house or building shall be issued until the assigned number has been obtained from the Town of Texas. No permit for the repair or alteration shall be issued unless the proper number is affixed to the house or building in accordance with this article. 

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Chapters 15—29

RESERVED

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Chapter 30

FIRE PREVENTION AND PROTECTION

Article I.   In General

Sec. 30.100.     Open burning and recreational fees.

Article II.   Reserved

Article III.   Volunteer Fire Department

Sec. 30.101.     The Town of Texas Fire Department Objectives.
Sec. 30.102.     Membership.
Sec. 30.103.     Approval of officers.
Sec. 30.104.     Penalties and Forfeitures.
Sec. 30.105.     Power to Excuse.
Sec. 30.106.     Duties of the Fire Chief.
Sec. 30.107.     Qualifications of the Fire Chief.
Sec. 30.108.     Duties of the Assistant Chief.
Sec. 30.109.     Qualifications of the Assistant Chief.
Sec. 30.110.     Duties of the Fire Captain.
Sec. 30.111.     Qualifications of the Fire Captain.
Sec. 30.112.     Duties of the EMS Captain.
Sec. 30.113.     Qualifications of the EMS Captain.
Sec. 30.114.     Duties of the First Lieutenant.
Sec. 30.115.     Qualifications of the First Lieutenant.
Sec. 30.116.     Duties of the Second Lieutenant.
Sec. 30.117.     Qualifications of the Second Lieutenant.
Sec. 30.118.     Duties of the EMS Training Coordinator.
Sec. 30.119.     Qualifications of the EMS Training Coordinator.
Sec. 30.120.     Duties/Qualifications of the Fire Inspector.
Sec. 30.121.     Duties of the Members.
Sec. 30.122.     Drills.
Sec. 30.123.     Squad Rules.

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ARTICLE I. IN GENERAL

Sec. 30.100. Open burning and recreational fires.

	1.  Definitions.  The following words, terms and phrases, when used in this 	subsection, shall have the meanings ascribed to them in this section, except where the 
	context clearly indicates a different meaning:

	Open Burning means any fire wherein the products of combustion are emitted into the
	open air and are not directed through a screened stack or chimney associated with a 
	building.

	Recreational fire means any fire such as a campfire or cooking fire, not involving the 
	burning of yard waste, located at a single-family or multifamily residence and used 
	for the purpose of recreation and person enjoyment.  

	Yard Waste means dry grass, leaves, pine needles or brush.

		Clean Wood means natural wood which has not been painted, varnished or coated 
		with a similar material has not been pressure treated with preservatives, and does not
		contact resins or glues as in plywood or other composite wood products.

	2.  Burn Barrels.  Are prohibited in the Town of Texas.

	3.  Legal holidays and Sundays.  Open burning on legal holidays and Sundays is
	prohibited.

	4.  Burning Restrictions.  All open burning is prohibited except as follows:

	     a.  Open Burning by Permit.

		i.    No person shall kindle any fire without first securing a permit from the 
		Town of Texas Fire Warden, who shall issue such permit subject to any 
		conditions for the protection of life and property imposed by fire regulations.

		ii    However, a permit is not required at times when at least one inch of 
		continuous snow cover exists.  

		iii.  Hours of burning by permit are limited to 6:00 p.m. to 12:00 midnight.

		iv.  The Marathon County Sheriffs Department shall be notified by calling the
		non-emergency number before any open burning takes place.  

	     b.  Recreational Fires Permitted. All recreational fires shall be in a fire pit with a 
	     minimum depth of eight inches and a maximum diameter of four feet, or in a
	     portable (Weber-type) device that is placed upon a non-combustible surface and
	     secured.  The fire may not extend more than four feet above the ground at all
	     times.  Burning materials must be contained within the fire pit enclosure at all 
	     times.  All below  ground fire pits shall be surrounded on the outside, above 
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	     ground, by a non-combustible material such as concrete block, rock or metal. 

	5.  Conditions of Burning

	     a.  Open burning of leaves, weeds, brush, stumps, clean wood and other vegetative
	     debris allowed only in accordance with the following provisions.
	
	     b.  No person shall kindle, or cause to be kindled, or otherwise permit or allow any 
	     open fire in or upon any street, alley, or public way or closer than 25 feet from any
	     building, structure, shed or garage, except recreational fires may be no closer than 
	     15 feet from any fire building, structure, shed or garage, or except for barbecue, 
	     gas and charcoal grills.  No burning shall be undertaken within 25 feet from any
	     combustible material, combustible wall or partition exterior window opening, exit 
	     access or exit unless authorized by the Town of Texas Fire Chief.

	     c.  No person shall kindle, or cause to be kindled, or otherwise permit or allow any
	     open fire unless there are favorable conditions for burning with regard to wind 
	     direction and speed.  No fire shall be started at a time when wind speed is eight 
	     miles per hour or more.

	     d.  No person shall kindle, or cause to be kindled, or otherwise permit or allow any 
	     open fire when the wind will cause smoke, combustibles or other materials to be
	     carried by the wind toward any building or other combustible or flammable 
	     material.  Smoke from any fire shall not create a nuisance for neighboring property
	     owners.

	     e.  The Town of Texas will not issue a permit for burning any of the following 
	     materials without air pollution control devices and a written copy of an approval 
	     by the Department of Natural Resources.

		i.   Rubbish or garbage including but not limited to food waste, food wraps,  
		packaging, animal carcasses, paint or painted materials, furniture, composite
		shingles, construction or demolition debris or other household or business
		wastes.  

		ii.   Waste oil or other oily wastes except used oil burned on a heating device
		for energy recovery subject to the restriction in Chapter NR 590, Wisc. 
		Admin. Code.

		iii.  Asphalt and products containing asphalt.

		iv.  Treated or painted wood including but not limited to plywood, composite 
		wood products or other wood products that are painted, varnished or treated
		with preservatives.

		v.  Any plastic material including but not limited to nylon, PVC, ABS,
	 	polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic 
		containers.
		
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		vi.  Rubber including tires and synthetic, rubber-like products.
				
		vii. Newspaper, corrugated cardboard, container board, office paper and other  
		materials that must be recycled in accordance with the recycling ordinance   
		except as follows:

		     1.  Paper and cardboard products may be used as started fuel for a fire that 
		     is allowed under this ordinance.

		     2.  Small quantities of confidential papers from a residence may be burned
		     if necessary to prevent the theft of financial records, identification or other 
	 	     confidential information.

		     3.  Confidential paper from a commercial enterprise shall be shredded or 
	 	     destroyed in a manner other than burning.

	     f.  No person shall kindle, or cause to be kindled, or otherwise permit or allow any
	     open fire unless adequate fire suppression equipment is present to extinguish or 
	     control the fire at all times.  Adequate fire suppression equipment shall consist of 
	     shovels, fire extinguishers, water hoses, or other like equipment sufficient to 
	     extinguish the fire if necessary.	

	     g.  No person shall kindle, or cause to be kindled, or otherwise permit or allow any 
	     open fire unless attended at all times by at least one responsible person 18 years of 
	     age or older until the fire is completely extinguished.

	     h.  It shall be the duty of any renter or lessee to notify and obtain written 
	     permission from the property owner prior to initiating any fire.

	     i.  The property owner, renter or lessee shall be held liable for any damage caused 
	     by any fire, including the cost of suppression and/or any citations.  

	6.  Burning Moratoriums.  The Town of Texas Fire Chief or the Department of 
	Natural Resources (DNR) may, when weather conditions warrant, declare a burning 
	moratorium for a specified period of time, during which all open burning is 
	prohibited.

	7.  Liability.  Any person violating this section shall, in addition to the penalties 
	provided in other sections of this Code, reimburse the Town for reasonable cost of fire 
	protection services made necessary by the violation including, but not limited to, the
	costs of investigation of the violation and any response by the Town’s Fire 
	Department as a result of the violation.  The prosecution for violations of this section 
	or payment of the penalties provided shall not prohibit any person from seeking any 
	other remedy against the person causing or permitting the burning.

ARTICLE II. RESERVED

ARTICLE III.  VOLUNTEER FIRE DEPARTMENT

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Sec. 30.101. Town of Texas Fire Department Objectives.

	1.  This organization shall be known as the Town of Texas Fire Department, 
	Marathon County, Wisconsin.  Formation of the department was authorized by town 
	electors at a special meeting on April 12, 1986.  Fire Department #37230.

	2.  The objectives and purpose of the Department shall be for the prevention of fires 
	and safeguard the lives and property of all people in the community.

	3.  The Department is organized exclusively for charitable, educational, religious or
	scientific purposes within the meaning of § 501(c)(3) of the Internal Revenue Code.  

Sec. 30.102. Membership.

Membership in the Department shall not exceed twenty-six (26) Firefighters and/or First 
Responders.

	1.  The member sponsoring the applicant shall announce the name of  the applicant for  
	membership at a regular meeting of the Department.  The application form of the 
	candidate will be forwarded to the chief for background investigation, driver’s license 
	and reference checks, and acceptance or rejection of the applicant as a member of the 
	Department.  The applicant’s residence is preferred to be within the protection area of
	the town.  The chief shall report to the Department within a reasonable time, his/her 
	acceptance or rejection of the applicant into the Department.  

	2.  No rejected applicants shall be permitted to file another application until twelve 
	(12) months has elapsed.

	3.  All new members of the Department shall serve a probationary period of one (1) 
	year.  All applicants to the Department must be a minimum of Firefighter 1 and/or 
	state certified First Responder.  If an applicant is not a Firefighter 1, the applicant 
	shall enroll and complete certified Firefighter 1 training during the probationary 
	period.  A background check must be approved by the town board prior to 
	commencing the Firefighter 1 course.  

	4.  Prior to or at the conclusion of the probation period, the officers of the Department 
	shall report to the town board whether the applicant shows satisfactory proficiency in 
	drills and fire fighting and/or first responder knowledge.  Only after confirmation by 
	the town board, shall the applicant become a full member of the Department.
	
	5.  Any Department member residing outside of the Department’s protection area may 
	join or remain a member of the Department only at the town board’s discretion.  

	6.  No elected official of the town board shall be or remain an officer of Department 
	while holding elected office. 

Sec. 30.103. Approval of Officers.
	
The town board shall approve of all Department officers.
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Sec. 30.104. Penalties and Forfeitures.

	1.  Drill and alarm minimum member participation requirements will be reviewed 
	annually by the chief of the Department.  Lack of participation will be reviewed with 
	the member to determine reason(s) for absence and to agree on a plan to improve 
	attendance will be discussed.  If the member is unable to meet the minimum 
	requirements established by the Department, the member shall resign, retire, or be 
	subject to termination by the town board.

	2.  The chief shall have the authority to suspend any member of the Department for 
	insubordination or failure to obey Department rules and regulations, which suspension     
	shall be for a period not to exceed two (2) months.  The suspension and circumstances
	shall be reported to the town board by the chief.  

	3.  A member of the Department may be suspended, reduced in rank, or removed by
	the town board, if a member was insubordinate or failed to obey Department rules and
	regulations.  

	4.  Any resigned, retired or expelled member shall immediately return to the chief all 
	Department property in his/her possession (keys, pager charger and case, radio 
	charger and case, first responder equipment, soft pack, auxiliary kit, oxygen system, 
	and defibrillator, badges insignia, and any or all other equipment).

Sec. 30.105. Power to Excuse.

	1.  Only the chief or officer in charge shall have the power to excuse a member for 
	absence (illness, work, injury, training, vacation, etc.) from fires, drills, meetings, or 
	other occasions which attendance is required.  

	2.  No member shall be excused from registering after an alarm and must remain for 
	cleanup unless excused by the chief, assistant chief or officer in charge.

Sec. 30.106. Duties of Fire Chief

The chief shall perform the administrative functions of planning, organizing, directing, coordinating, and controlling the operations and personnel of the Department and the personnel under the jurisdiction of the Department.  This position involves the development and training of personnel, performance evaluation, morale, safety of personnel, equipment maintenance and utilization, budget preparation, enforcement of codes and ordinances of the town State statutes and federal rules and regulations.  The chief shall also:  

	1.  Be knowledgeable of and enforce the rules and regulations of the Department and 
	this ordinance.      

	2.  Utilize the Incident Command System (ICS) on all incidents.  

	3.  Assume command at his/her discretion of all fire, EMS, and rescue operations.

	4.  Review reports and records of Department activities and operations and take 
30:6
	appropriate action when required to assure effectiveness.

	5.  Develop policies and procedures governing both emergency and non-emergency
	operations of the Department.  

	6.  Make every effort to attend all fires, meetings, drills, and direct the officers and 
	members in the performance of their duties.  

	7.  Supervise the administration of the Department budget preparation with the 
	assistance of other administration personnel.  

	8.  Develop long-range plans for the training, operations, staffing and equipment 
	requirements of the Department.  

	9.  Investigate each fire to determine its cause.  

	10.  Lead scheduled officers meetings. 

Sec. 30.107. Qualifications of Fire Chief

The chief appointed and approved by the town board shall have the following minimum qualifications:

	1.  Certified as a Firefighter 1 or Firefighter 2.    

	2.  Knowledge of the Department administration, fire prevention practices, 
	firefighting, and EMS techniques.  

	3.  Possess the ability to plan, assign, direct, and supervise firefighting, rescue, EMS
	operations, and personnel under emergency conditions.  

	4.  Possess the knowledge of the use of firefighting, rescue and EMS tools and 
	equipment, and the ability to organize and supervise drills sessions and instruct 
	personnel.  

	5.  Preferably have seven (7) years of experience in rank of command officer.    

	6.  Preferably have a minimum of ten (10) years as a firefighter.  

Sec. 30.108. Duties of Assistant Chief

Initiate the development, implementation, coordination, and supervision of fire suppression, training, rescue, and fire prevention services.  Staff responsibilities shall be as assigned by the chief.  

The assistant chief shall have direct control over all members and employees within his/her command.  The assistant chief shall preside at all meetings in the absence of the chief.  In the absence of the assistant chief the next ranking officer shall preside.  The assistant chief shall 
also:   
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	1.  Report to the chief at all fires and assist him\her in the discharge of his\her duties.
	In the absence of the chief, the assistant chief will officiate in the capacity of the 
	chief.  

	2.  Be knowledgeable of and enforce the rules and regulations of the Department and 
	this ordinance.       

	3.  Assume command at his/her discretion of all firefighting, rescue, and EMS 
	operations of the Department.  

	4.  Plan, formulate, and develop minimum standards of training and technical 
	competence for officers and firefighters.  

	5.  Assist the chief in the preparation of the Department budget.    

	6.  Oversee regular Department training programs and supervise driver/operator 
	training programs.    

	7.  Assist the chief in the development of standard operating guidelines to govern
	firefighting operation of the Department.  

	8.  Perform criminal and driving background checks on all applicants to the 
	Department.    

	9.  Be responsible for the submission of all state required fire and EMS reports.  

	10.  Be responsible for front line supervision for his/her squad.

	11.  Attend scheduled officers meetings.

Sec. 30.109. Qualifications of Assistant Chief

The assistant chief appointed and approved by the town board shall have the following minimum qualifications:

	1.  Certified as a Firefighter 1, Firefighter 2 or EMT.

	2.  Possess thorough knowledge of firefighting, rescue and EMS techniques, and fire 
	prevention practices.  

	3.  Ability to plan, assign, direct, and supervise firefighting personnel and equipment
	under emergency conditions.  

	4.  Possess and maintain a valid Wisconsin Motor Vehicle operator’s license.  

	5.  Preferably have five (5) years of experience in rank of command officer.    

	6.  Preferably have a minimum of eight (8) years as a firefighter.  

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Sec. 30.110. Duties of Fire Captain.  

Department company officer rank requires knowledge of firefighter tasks and driver/operator responsibilities.  The captain shall assist in the activities of the Department, at fires and other emergencies.  The captain shall also have those staff responsibilities as assigned by the chief.  

Subject to the authority of the chief and assistant chief, the captain shall issue such orders and directives necessary to promote the effective operation of all activities in the Department.  The captain shall also:   

	1.  Respond to fire alarms, assist driver/operator concerning the route to follow, assist 
	in evaluating the emergency and direct Department operations.    

	2.  Upon arrival at the scene of a fire, report to the ranking officer for further orders or 
	take command.  

	3.  Assist in training subordinates during Department responses to fire or other 
	emergencies.    

	4.  Be responsible for fire prevention activities.  

	5.  Prepare records and reports of Department responses to fire or other emergencies.  

	6.  Be responsible for annual pump, hose, and ladder testing.      

	7.  Be responsible for front line supervision of his/her squad.    

	8.  Attend scheduled officers meetings.    

	9.  Coordinate joint training with First Responders.    

Sec. 30.111. Qualifications of Fire Captain.

The Fire captain appointed and approved by the town board shall have the following minimum qualifications:

	1.  Certified as a Firefighter 1 or Firefighter 2.

	2.  Possess knowledge of geography of the response area, fire alarm reporting, 
	equipment, hydrant and other water source locations. 
 
	3.  Possess knowledge of the use of firefighting apparatus, tools, suppression 
	techniques, and EMS techniques.  

	4.  Possess the ability to conduct training for Department personnel.

	5.  Possess and maintain a valid Wisconsin Motor Vehicle Department driver’s 
	license.  

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	6.  Preferably have three (3) years of experience in rank of command officer.    

	7.  Preferably have a minimum of seven (7) years of firefighting experience.  

Sec. 30.112. Duties of EMS Captain.  

The EMS captain shall assist in the activities of first responders in the station, at medical and other emergencies.  The EMS captain shall have the staff responsibilities assigned by the chief.  

Subject to the authority of the chief, assistant chief, and captain, shall issue such orders and directives necessary to promote the effective operation of all activities in the Department.  
The EMS captain shall also:   

	1.  Respond to EMS alarms, assist in evaluating the emergency, and direct
	 Departmental operations when necessary.    

	2.  Upon arrival at the scene report to the ranking officer for further orders or take 
	command.  

	3.  Be responsible for drills of first responders.    

	4.  Be responsible for fire prevention activities.  

	5.  Be responsible for EMS prevention activities.  

	6.  Prepare records and reports of EMS emergencies.      

	7.  Be responsible for supervision of the first responders.    

	8.  Be responsible for annual defibrillator checks. 

	9.  Be responsible for maintaining an inventory of EMS supplies.

	10.  Attend scheduled officers meetings.

	11.  Coordinate joint training with the Fire captain.    

Sec. 30.113. Qualifications of the EMS Captain.

The EMS captain appointed and approved by the town board shall have the following minimum qualifications:

	1.  Be a certified first responder.  

	2.  Preferably be certified as a Firefighter 1.

	3.  Possess knowledge of geography of the response area.    

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	4.  Possess knowledge of the use of EMS apparatus and tools.    

	5.  Possess knowledge of the principals and practices of EMS prevention.

	6.  Possess the ability to conduct training for EMS department personnel.  

	7.  Possess a valid Wisconsin Motor Vehicle driver’s license.

	8.  Preferably have three (3) years of experience in rank of command officer.    

	9.  Prefer have five (5) years of EMS experience.  

Sec. 30.114. Duties of First Lieutenant.  

Subject to the authority of the chief, assistant chief, and captain, the first lieutenant shall issue such orders and directives necessary to promote the effective operation of all activities in the Department.  The first lieutenant shall also:

	1.  Respond to alarms, assist driver/operator concerning the route to follow, evaluate 
	emergency and direct Department operations for initial attack.    

	2.  Inspect apparatus, equipment, grounds and station, as required, to ensure proper 
	order and condition.  

	3.  Be responsible for making sure that all hose is dried after each fire or drill and all 
	apparatus and equipment is ready for use.  

	4.  Assist in setting up and completion of all fire drills.

	5.  Review and check the weekly vehicle reports for defects noted.  

	6.  Assume staff responsibilities as assigned by the chief.

	7.  Be responsible for front line supervision of his/her squad.    

	8.  Attend scheduled officers meetings.    

Sec. 30.115. Qualifications of First Lieutenant.

The first lieutenant appointed and approved by the town board shall have the following minimum qualifications:

	1.  Certified as a Firefighter 1.

	2.  Possess knowledge of the use of firefighting apparatus, tools, techniques, and EMS 
	tools.

	3.  Possess knowledge of the principals and practices of the fire prevention, EMS, 
	rescue and firefighting, driver/operator responsibilities, and ability to demonstrate 
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	their use to others.  

	4.  Possess the ability to conduct training for Department personnel.

	5.  Possess and maintain a valid Wisconsin Motor Vehicle Department driver’s 
	license.  

	6.  Preferably have a minimum of five (5) years of fire service experience.  

	7.  Preferably have a minimum of two (2) years of command experience.

Sec. 30.116. Duties of Second Lieutenant.  

Subject to the authority of the chief, assistant chief, captain, and first lieutenant, the second lieutenant shall issue such orders and directives necessary to promote the effective operation of all activities within his/her command.  The second lieutenant shall also:

	1.  Respond to alarms, assist driver/operator concerning the route to follow, evaluate 
	the emergency and direct initial attack.   

	2.  Inspect apparatus, equipment, and supplies, as required, to ensure proper order and 
	condition.  

	3.  Upon arrival at a scene report directly to the ranking officer for further 	instructions.  

	4.  Assist in setting up and completion of fire drills.

	5.  Be responsible for front line supervision of his/her squad.     

	6.  Attend scheduled officers meetings.    

Sec. 30.117. Qualifications of Second Lieutenant.

The second lieutenant appointed and approved by the town board shall have the following minimum qualifications:

	1.  Certified as a Firefighter 1.

	2.  Be knowledge of fire apparatus tools and the ability to demonstrate to others.

	3.  Possess the ability to conduct training for Department personnel.

	4.  Possess and maintain a valid Wisconsin Motor Vehicle Department driver’s 
	license.  

	5.  Preferably have a minimum of five (5) years of fire service experience.  

	6.  Preferably have a minimum of one (1) year of command experience.
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Sec. 30.118. Duties of EMS Training Coordinator.  

Subject to the authority of the chief and EMS captain, the EMS Training Coordinator shall have the following duties:  

	1.  Respond to EMS alarms.

	2.  Inspect EMS equipment, as required, to ensure proper order and conditions.  

	3.  Be responsible for setting up and completion of EMS drills.    

	4.  Assume staff responsibilities as assigned by the EMS Captain.  

	5.  Be responsible for field supervision of first responders in the absence of the EMS 
	captain.  

Sec. 30.119. Qualifications of the EMS Training Coordinator.

The EMS training coordinator appointed and approved by the town board shall have the following minimum qualifications:

	1.  State certified First Responder.

	2.  Possess knowledge of the use of first responder equipment and tools.   
 
	3.  Possess knowledge of the principals and practices of EMS activities, rescue, and 
	ability to demonstrate their use to others.    

	4.  Possess ability to conduct EMS training for department personnel.  

	5.  Possess and maintain a valid Wisconsin Motor Vehicle driver’s license.

	6.  Preferably have two (2) years of EMS experience.    

Sec. 30.120. Duties/Qualifications of Fire Inspector.  

The fire inspector shall have the following duties/qualifications:  

	1.  Setup and maintain records of fire inspections as required by DILHR.  Fire 
	inspection reports shall be stored at the fire station and be available to members of the 
	Department.  

	2.  Maintain state certification necessary for fire inspectors. 

	3.  Possess and maintain a valid Wisconsin Motor Vehicle Department driver’s 
	license.

	4.  Perform inspections as specified by the State.

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	5.  Fire inspector candidates shall be interviewed by the officers of the Department 
	who shall make a recommendation to town board.  The fire inspector shall be 
	appointed by the town board.
  
Sec. 30.121. Duties of Members.

	1.  Each firefighter, upon receiving an alarm, crash or other emergency shall proceed 
	immediately to the fire station following the state motor vehicle laws and convey 
	apparatus to the scene of the incident unless otherwise directed by the officer in 
	charge.  Firefighters are encouraged to respond to medical alarms to provide 
	assistance as required.  

	2.  Every firefighter will wear personal protective equipment that is appropriate for 
	the assigned task.  

	3.  Each First Responder upon receiving a medical, crash, or fire alarm shall proceed 
	directly to the incident following state motor vehicle laws.  

	4.  Members are assigned to squads.  Squads will have weekly vehicle and equipment 
	inspections recorded on appropriate vehicle inspection forms.  Defects will be noted.  

	5.  Each driver/operator has the responsibility to perform a vehicle and equipment
	inspection following each alarm or use by filling out the provided form.  

	6.  All requests for supplies shall be made through the respective captain.  Requests 
	are to be in writing using the request for equipment form.  

	7.  All new member firefighters shall be or become Firefighter 1 as set forth above.  

	8.  All new first responders shall be a State certified first responder and maintain 
	credentials as required by the State.  

	9.  All new driver/operators (engine and aerial) shall take or have taken as a minimum 
	entry level driver/operator course parts 1 and 2 (30 hours).  The chief shall approve 
	the new driver to drive under emergency conditions.  

	10.  Tanker drivers shall take one (15 hours) entry level driver/operator course.  The 
	chief shall approve the new driver to drive under emergency conditions.  

	11.  Officer candidate(s) shall take an entry level officer course within twelve (12) 
	months of appointment.  Extensions may be granted only by the chief based on course 
	availability.  

	12.  All Department members must take or have taken an NIMS/FEMA approved ICS
	class.

	13.  All Department members shall have and maintain a current Wisconsin driver’s 	license, and have insurance on their personal vehicle(s).  If a member’s license is 
	suspended, revoked or they have been convicted of OWI, drug possession, any felony, 
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	abuse, or cancellation of insurance, they must immediately report such information to
	the chief.  Failure to notify the chief may result in dismissal from the Department by 
	the town board.  

	14.  All Department members are required annually to take a blood borne pathogen 
	class.  

	15.  All Department members are encouraged to maintain or improve their current 
	credentials by attending further training.  For the Department to pay for said classes, a
	member shall fill out and gain approval of the request for approval to attend form by 
	the town board prior to attending such training. 

Sec. 30.122. Drills.

	1.  Business meetings and training meeting are held on the first and third Tuesdays of 
	the month.  

	2.   First Responder drills are to be held on the second and third Tuesdays of the 
	month.  

	3.  A notice will be posted in the station if there is a change to the schedule or an 
	additional drill is scheduled.

	4.  Drills will cover all facets of emergency service response – fire, EMS, hazardous 
	material and unusual incidents.  

	5.  Reimbursements for expenses are generated by signing attendance sheet for drills 
	and approved activities.  Reimbursement will be in December.  

Sec. 30.123. Squad Rules.

	1.  Members arriving at an incident shall report to their squad officer for orders.  If the 
	squad officer is absent, the member shall report to the officer in charge.  

	2.  Prompt obedience to orders from officers is required.    

	3.  A civil demeanor is required.  

	4.  Avoid reckless destruction of property.  

	5.  The officer in charge shall determine equipment positioning.

	6.  No one should permit driving over the hose.  Should a hose burst, immediately 
	transmit that information to the pump operator.  

	7.  The officer in charge shall determine the zone of safety beyond which no civilian
	 is permitted.  

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	8.  No person shall be allowed to enter the fire station to handle any apparatus or 
	equipment belonging to the Department unless accompanied by an active member of 
	the Department.  

	9.  No member shall appear under the influence of alcohol or other drugs if consumed 
	within eight (8) hours of a drill, a meeting, or incident scene.

	10.  No member shall be use insulting, indecent, or improper language, or engage in 
	any  conduct unbecoming a firefighter.  

	11.  Each member shall be responsible for all Department equipment that has been 
	issued.

	12.  No apparatus, equipment, or clothing shall be used for personnel reasons.  

	13.  A member discovering a fire shall have the entire Department alerted if it requires 
	apparatus.  No Department vehicle may respond without alerting the entire
	Department.  

	14.  Anytime a Department vehicle leaves the station, the members involved will have 
	full protective gear in his/her possession.  

	15.  While in public, the pager shall be on a private line.

	16.   No member may use any rotating, flashing, or blinking red, white, blue, or green 
	lights.  

	17.  All members must have a current valid Wisconsin driver’s license to operate any 
	department vehicles.  
  
	18.  No member may operate any Department vehicle if he/she has any alcohol or 
	controlled substance in their system.  There is zero tolerance.

	19.  No first responders may respond if he/she has any alcohol or controlled substance
	in their system.  There is zero tolerance.

	20.  No firefighter may use breathing apparatus (SCBA) if he/she has any alcohol or 
	controlled substance in their system. There is zero tolerance.

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Chapters 31—37

RESERVED

31:1

Chapter 38

MANUFACTURED HOMES AND TRAILERS

Sec. 38.100.	Definitions.
Sec. 38.101.	Penalty.
Sec. 38.102.	License required; Renovation; Suspension.
Sec. 38.103.	Application, renewal and transfer.
Sec. 38.104.	Annual license, monthly permit fees.

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ARTICLE I. IN GENERAL

Sec. 38.100.  Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:

Accessory Building means all structures constructed upon a mobile home space and used in conjunction with a mobile home.  

Dependent Mobile Home means a housing unit that does not have bathroom facilities and depends on locally provided bathroom facilities fur such needs.  

Licensee and Park Operator means any person licensed to operate and maintain a mobile home park under this chapter.

Licensing Authority means the Town of Texas.

Manufactured Home has the meaning set forth in Wis. Stats. §101.91, which definition is incorporated into this article by reference as though set forth in full.

Manufactured Home Community has the meaning set forth in Wis. Stats. § 101.91, which definition is incorporated into this article by reference as though set forth in full.

Mobile Home or Housing means a housing unit which is, or was, as originally constructed, designed to be transported by any motor vehicle upon a public highway and designed, equipped, and used primarily for sleeping, eating and living quarters, or is intended to be so used; and includes any additions, attachments, annexes, foundations and appurtances.  

Non-dependent Mobile Home means a housing unit that is completely equipped with both shower and bath and toilet facilities.  While such unit may have a holding tank or depend on sewer, water and electrical services at the site, it does not depend on a service building for bathroom facilities.  

Pad means a concrete slab or its equivalent as determined by the zoning inspector and constructed on the mobile home space for the purpose of accommodating water and sanitary connections for a mobile home.  

Community and Mobile Home Community  means any park, court, camp, site lot, parcel or tract of land designed, maintained, intended or used for the purpose of supplying a location or accommodations for two or more units occupied for dwelling or sleeping purposes, regardless of whether a charge is made for the accommodation, and include all facilities used or intended for use as part of the equipment thereof.  The term “mobile home park” shall not include automobile or mobile home sales lots on which un-occupied mobile homes are parked for purposes of inspection and sale.  

Person includes an individual, partnership, firm, company, corporation, whether tenant, owner, lessee, licensee or other agent, heir or assign.

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Space means a plot of ground within a mobile home park designed for the placement of one mobile or manufactured housing unit.

Unit means one mobile or manufactured housing unit.

Sec. 38.101. Penalty.

Any person violating this chapter shall be subject to section the general penalties set forth in this code except as may be limited by Wis. Stats..  Each failure to report shall be treated as a separate offense.

Sec. 38.102. License Required; Revocation; Suspension.

	1.  It shall be unlawful for any person to maintain or operate within the town any
	mobile home park unless such person shall first obtain from the town a mobile home 
	park license.  If the park is a manufactured home park, Wis. Stats. §101.935 also
	requires a permit be issued by the department of commerce.

	2.  In order to protect and promote the public health, morals and welfare and to
	equitably defray the cost of municipal and educational services required by persons 
	and families using or occupying mobile homes or mobile home parks for living, 
	dwelling or sleeping purposes, the town establishes reasonable standards and 
	regulations for every mobile home and mobile home park and shall require an annual 
	license fee to operate the same and levy and collect special assessments to defray the
	cost of municipal and educational services furnished to such mobile home park.  The 
	town may limit the number of units or mobile homes that may be parked or kept in
	any mobile home park and limit the number of licenses for mobile home parks in any
	common school district, if the mobile housing development would cause the school 
	costs to increase above the state average or if an exceedingly difficult or impossible 
	situation exists with regard to providing adequate and proper sewage disposal in the
	particular area.  The power conferred on the town by this chapter is in addition to all
	other grants and shall be deemed limited only by the express language of this section.  

	3.  Any application for a mobile home park license shall comply with the provisions 
	of the town zoning code.  

	4.  Any license granted under the provisions of this chapter shall be subject to 
	revocation or suspension for cause by the town board upon complaint filed with the
	town clerk signed by any law enforcement officer, health officer or zoning inspector, 
	after a public hearing upon such complaints, provided that the holder of such license 
	shall be given ten days notice in writing of such hearing and shall be entitled to appear
	and be heard as to why such license shall not be revoked.  Any holder of a license 
	which is revoked or suspended by the town board may within 30 days of the date of 
	such revocation or suspension appeal there from to the Marathon County Circuit 
	Court by filing a written notice of appeal with the Marathon County Clerk of Circuit 
	Court with a copy to the town clerk, and shall also file with the town clerk a bond 
	executed to the town  in the sum of $500.00, as condition for the faithful prosecution
	of such appeal and payment of costs that may be adjudged against him or her.  

38:3
Sec. 38.103. Application, renewal and transfer.

	1.  The application for a license or a renewal thereof shall be made on forms furnished 
	by the town clerk and shall include the name and address of the owner in fee of the 
	land if the fee is vested in some person other than the applicant, a duly verified 
	statement by that person that the applicant is authorized by him or her to construct 
	and/or maintain the mobile home park, and such legal description of the premises 
	upon which the mobile home park is or will be located as will readily identify and 
	definitely locate the premises.  The initial application for an existing, new or revised 
	mobile home park shall be accompanied by five (5) copies of the park plan showing 
	the following, whether existing or as proposed:

                 a.  The extent and care for the park purposes.

                 b.  Roadways and driveways.

	     c.  Location and designation of dependent and independent mobile home spaces.

                 d.  Location of any service buildings indicating the number of sanitary 	
                 conveniences, including toilets, washrooms, laundries and utility rooms, to 
                 be used by occupants of the mobile home park; however, any mobile housing 
                 development harboring only non-dependent mobile homes shall not be required to
                 provide a service building.  
	
                 e.  Complete layout of storm, sanitary and water systems for the service building 
                 and spaces and certification that the park is properly graded to ensure rapid 
                 drainage and is free from stagnant pools of water.

                 f.  Method and plan of garbage removal.
	
                 g.  Plans and specification in compliance with all applicable town ordinances
                 including zoning provisions and rules and provisions of the regulations of the 
                 Department of Commerce.

	2.  In no case shall a license be issued for a mobile home park where private or
	municipal sanitary facilities are not available.

	3.  Upon application by any licensee, after approval by the town board and upon 
	payment of the annual license fee, the town clerk shall issue a certificate renewing the 
	license for another year, unless sooner revoked.  The application for renewal shall be 
	in writing, signed by the applicant on forms furnished by the town clerk. 

	4.  Upon application, for the transfer of license, the town clerk, after approval of the 
	application by the town board, shall issue a transfer upon payment of the required fee
	as set from time to time by the town board.

Sec. 38.104. Annual License; Monthly Parking Permit Fees.

	1.  The annual license fee shall be as set from time to time by the town board for each 
38:4
	fifty (50) spaces or fraction thereof within each mobile home park within its limits, 
	except that, where the park lies in more than one municipality, the amount of the 
	license fee shall be such fraction thereof as the number of spaces in the park in the 
	town bears to the entire number of spaces in the park.  

	2.  In addition to the license fee provided in subsection (1) of this section, each mobile 
	home occupying space or lots in a mobile home park shall pay a monthly parking 
	permit fee, except the following shall not be subject to this monthly parking permit 
	fee:

	Mobile homes that constitute improvements to real estate under Wis. Stat. § 	70.043(1).

	     a.  Recreational mobile homes and camping trailers as defined in Wis. Stat. § 
	     70.111(19).
	
	     b.  Mobile homes located in campgrounds licensed under Wis. Stat. § 254.47.
	
	     c.  Mobile homes outside mobile home parks where the principal residence of the
	     owner of the mobile home is located, regardless of whether the mobile home is 
	     occupied during all or part of any calendar year.

	3.  The monthly parking permit fee shall be computed and administered as follows:
	
	     a.  January 1 of each year, the town assessor shall determine the total fair market 
	     value of each mobile home in the town subject to the monthly parking fee.
	
	     b.  The fair market value, minus the tax exempt household furnishings thus 
	     established, shall be equated to the general level of assessment on other real and 
	     personal property in the town.
	
	     c.  The value of each mobile home shall be multiplied by the general property
	     gross tax rate, less any credit for the property tax relief credit, established on the 
	     preceding year’s assessment of general property.
	
	     d.  The total annual parking permit fee thus computed shall be divided by twelve 
	     (12) and shall represent the monthly mobile home parking permit fee.
	 
	     e.  The fee shall be applicable to the mobile homes moving into the town any time 
	     during the year.  The mobile home park operator shall furnish information to the 
	     town clerk and assessor on mobile homes added to any mobile home park within 
	     five (5) days after their arrival, on forms prescribed by the Department of Revenue.  
	     As soon as the assessor receives the notice of an addition of an occupied home to 
	     the park, the assessor shall determine its fair market value and notify the town 
	     clerk of that determination.  The town clerk shall equate the fair market value 
	     established by the assessor and shall apply the tax rate for that year, divide the 
	     annual parking permit fee thus determined by twelve (12) and notify the mobile
	     home owner of the monthly fee to be collected from the mobile home owner.  
	     Liability for payment of the fees shall begin on the first day on the next succeeding 
	     38:5

	     month and shall remain on the mobile home as the mobile home remains in the
                 town. 
	
	     f.  A new fee rate and a new valuation shall be established each January and shall 
	     continue for that calendar year.
	
	     g.  The valuation established shall be subject to review as are other values 
	     established under Wis. Stats. Ch. 70.  If the board of review reduces a valuation on 
	     which previous monthly payments have been made, the town shall refund past 
	     excess fee payments.
	
	     h.  The monthly parking permit fees shall be paid by the mobile home owner to the 
	     mobile home park operator, who in turn will pay the town treasurer or before the 
	     tenth of the month following the month for which such parking permit fee is due.
	
	     i.  A mobile home park operator who collects monthly parking permit fees may 
	     deduct and retain two percent (2%) of the monthly fees for administrative 
                 expenses.
	
	     j.  The mobile home park operator shall be liable for the monthly parking permit 
	     fee for any mobile home occupying spare therein, as well as the owner of the 
	     mobile home or occupant of the mobile home.
	
	     k.  No monthly parking permit fee shall be imposed for any space occupied by a 
	     mobile home accompanied by an automobile for an accumulating period not to 
	     exceed sixty (60) days in any twelve (12) months if the occupants of the mobile 
	     home are tourists or vacationers.  Exemption certificates and duplicates shall be 
	     accepted by the town treasurer from qualified non-resident tourist or vacationer in 
	     lieu of monthly mobile home parking permit fees.  	
	
	     l.  The lottery credit under Wis. Stat. § 79.10(9)(bm), for the principal dwelling on 
	     a parcel of taxable property, applies to the estimated fair market values of a mobile 
	     home that is the principal dwelling of the owner.  The procedures set forth in Wis.
	     Stat. § 66.0435 are incorporated in this chapter by reference in order for the owner
	     to obtain the lottery credit.

	4.  The mobile home park operator shall be liable for the monthly parking permit fee, 
	and shall remit to the town treasurer on or before the tenth (10) day of each month the 
	monthly parking permit fees upon a form providing the name of the mobile home 
	owner, and the amount of the monthly parking permit fees as determined be the 
	assessor.  The town treasurer shall have no responsibility to contact the licensee for 
	payment of the monthly parking permit fee.  Any violation of the provision shall 
	subject the licensee to the penalties as provided in subsection (7) of this section.  Each 
	failure to remit the monthly parking permit fee for each mobile home shall be 
	regarded as a separate offense.  

	5.  If a mobile home is permitted to be located outside of a licensed park, the monthly 
	parking permit fee shall be paid by the owner of the land on which it stands, the same 
38:6

	as homes located in mobile home parks, and the owner of such land shall be required 
	to comply with the reporting requirements of the mobile home park operator as set 
	forth in subsection (3)(e) of this section.  

	6.  Failure to timely pay the tax under this section shall be treated in all respects like a 
	default in payment of personal property tax and shall be subject to all procedures and 
	penalties applicable under Wis. Stats. chs. 70 and 74.

	7.  Failure to comply with the reporting requirements of this code in subsections (3) or 
	(5) of this section shall subject the responsible party to Section 1.109 of this code, 
	except as Wis. Stats. § 66.0435 limits the forfeitures for violations of this chapter to 
	$25.00, with each failure to report being treated as a separate offense.  

	8.  The town shall retain ten percent (10%) of the monthly parking permit fees 
	collected each month to cover the cost of administration, without any reduction for 
	amounts deducted by mobile home park operators as compensation for their 
	administrative expenses.  The town shall pay the school district in which the park is 
	located, within twenty (20) days after the end of each month, such proportion of the 
	remainder of the fees collected in the preceding month as the ratio of the most recent 
	property tax levy for school purposes bears to the total tax levy for all purposes in the 
	Town.  If the mobile home park is located in more than one (1) school district, each 
	district shall receive a share in the proportion that its property tax levy for the school 
	purposes bears to the total school tax levy.  

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Chapters 39—41

RESERVED

39:1

Chapter 42

NUISANCES

Article I.   Public Nuisances

Sec 42.100.	Definitions.
Sec 42.101.	Penalty; Abatement; Costs.
Sec 42.102.	Public nuisances prohibited
Sec 42.103.	Public nuisances affecting health.
Sec 42.104.	Public nuisances offending morals and decency.
Sec 42.105.	Public nuisances affecting peace and safety.

Article II.   Junk

Sec 42.106.	State Code Adopted.
Sec 42.107.	Junk.

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ARTICLE I.  PUBLIC NUISANCES

Sec. 42.100. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Public Nuisance means a thing, act, occupations, condition or use of property which shall continue for such length of time as to:

	1.  Substantially annoy, injure or endanger the comfort, health, repose or safety of the 
	public.
	
	2.  In any way render the public insecure in life or in the use of property.
	
	3.  Unlawfully and substantially interfere with, obstruct or tend to obstruct or render
	dangerous for passage any street, alley, highway, navigable body of water or other 
	public way or the use of public property.

Sec. 42.101. Penalty; Abatement; Costs.

	1.  Any person violating any of the provisions of this chapter shall, upon conviction
	thereof, be subject to Section 1.109.  In addition, a violation of this chapter is subject
	to subsections (2) and (3) of this section.

	2.  Abatement.
	
	     a.  Inspection of Premises.  Whenever complaint is made to the town that a public 
	     nuisance or a violation of Section 42.102 exists, the town board shall forthwith 
	     inspect or cause to be inspected the premises complained of and shall make a 
	     written report of the inspecting officer’s finding.  Whenever practicable, the 
	     inspecting officer shall cause photographs to be made of the premises and shall file 
	     the same with the town clerk.  
	
                b.  Summary Abatement. 
		
		i.   Notice to Owner. If the inspecting officer shall determine that a public 
		nuisance exists within the town and that there is a great and immediate danger 
		to the public health, safety, peace, morals or decency, the town board shall 
		serve notice on the person causing, permitting or maintaining such nuisance or 
		upon the owner or occupant of the premises upon which such nuisance is 
		caused, permitted or maintained and to post a copy of the notice on the 
		premises.  Such notice shall direct the person causing, permitting or 
		maintaining such nuisance or the owner or occupant of the premises to abate 
		or remove such nuisance within 24 hours and shall state that unless such 
		nuisance is so abated, the town will cause the same to be abated and will 
		charge the cost thereof to the owner, occupant, or person causing, permitting 
		or maintaining the nuisance, as the case may be.
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		ii.   Abatement by Town.  If the nuisance is not abated within the time provided
		or if the owner, occupant or person causing the nuisance cannot be found, the
		town board shall cause the abatement or removal of such public nuisance.  
	
		iii.  Abatement by court action. If the inspecting officer shall determine that a
		public nuisance exists on private premises but that the nature of such nuisance 
		is not such as to threaten great and immediate danger to the public health, 
		safety, peace, morals or decency, the inspecting officer shall file a written 
		report of his or her findings with the town board who shall cause an action to 
		abate such nuisance to be commenced in the name of the town and the Circuit 
		Court of the County, in accordance with the provisions of Wis. Stats. Ch. 823.
  	
		iv.  Other Methods Not Excluded.  Nothing in this article shall be construed as
		prohibiting abatement of public nuisances by the town  in accordance with 
		law.

	3.  Cost of Abatement.  In addition to any other penalty imposed by this article for the
	erection, contrivance, creation, continuance or maintenance of a public nuisance, the 
	cost of abating a public nuisance by the town shall be collected as a debt from the 
	owner, occupant or person causing, permitting or maintaining the nuisance, and if 
	notice to abate the nuisance has been given to the owner, such cost shall be assessed 
	against the real estate as a special charge.

Sec. 42.102. Public nuisances prohibited.

No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the Town in clear violation of Wis. Stats. Ch. 823 which is herein adopted as if fully set forth and as from time to time amended.    

Sec. 42.103. Public nuisances affecting health.

The following acts, omissions, places, conditions and things are specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances of this section:

	1.  All decayed, harmfully adulterated or unwholesome food or drink sold or offered 
	for sale to the public.

	2.  Carcasses of animals, birds or fowl not intended for human consumption or food 
	which are not buried or otherwise disposed of in a sanitary manner within 24 hours 
	after death.

	3.  Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting 
	lumber, bedding, packing material, scrap metal or any material whatsoever in which
	flies, mosquitoes, disease-carrying insects, rats or other vermin may breed.

	4.  All stagnant water in which mosquitoes, flies or other insects can multiply.

	5.  Garbage cans which are not fly tight.
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	6.  All noxious weeds and other rank growth of vegetation.

	7.  All animals running at large.

	8.  The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, industrial 
	dust or other atmospheric pollutants within the town or within one mile there from in 
	such quantities as to endanger the health of persons of ordinary sensibilities or to 
	threaten or cause substantial injury to property in the town.

	9.  The pollution of any public well or cistern, stream, lake, canal or other body of 
	water by sewage, creamery or industrial wastes or other substances.  

	10.  Any use of property, substances or things within the town emitting or causing any 
	foul, offensive, noisome, nauseous, noxious or disagreeable odors, gases, effluvia or
	stenches extremely repulsive to the physical senses of ordinary persons which annoy, 
	discomfort, injure or inconvenience the health of any appreciable number of persons 
	within the Town.

	11.  All abandoned wells not securely covered or secured from public use.

	12.  Any use of property which shall cause any nauseous or unwholesome liquid or 
	substance to flow into or upon any street, gutter, alley, sidewalk or public place within 
	the Town.

Sec. 42.104. Public nuisances offending morals and decency.

The following acts, omissions, places, conditions and things are specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances of this section:

	1.  All disorderly houses, bawdy houses, houses of ill fame, gambling houses and 
	buildings or structures kept or resorted to for the purpose of prostitution or gambling.

	2.  All gambling devices and slot machines.

	3.  All places where alcoholic beverages are sold, possessed, stored, brewed, bottled,
	manufactured or rectified without a permit or license required by Section 6.100.

	4.  Any place or premises within the Town where ordinances or laws relating to public 
	health, safety, peace, morals or welfare are openly, continuously, repeatedly and 
	intentionally violated.

	5.  Any place or premises resorted to for the purpose of drinking alcoholic beverages 
	in violation of law or ordinance.  

Sec. 42.105. Public nuisances affecting peace and safety.

The following acts, omissions, places, conditions and things are specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health 
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nuisances of this section:

	1.  All signs and billboards, awnings and other similar structures over or near streets, 
	sidewalks, public grounds or places frequented by the public so situated or 	constructed as to endanger the public's safety.

	2.  All buildings erected, repaired or altered in violation of fire hazard areas relating to 
	materials and manner of construction of buildings and structures within such district.

	3.  All unauthorized signs, signals, markings or devices placed or maintained upon or 
	in view of any public highway or railway crossing that purport to be or may be 
	mistaken as an official traffic control device, railroad signal or which because of its
	color, location, brilliance or manner of operation, interferes with the effectiveness of 
	any such device, signal or sign.

	4.  All trees, hedges, billboards or other obstructions which prevent persons driving
	vehicles on public streets, alleys or highways from obtaining a clear view of traffic 
	when approaching an intersection or pedestrian crosswalk.

	5.  All use or display of fireworks except as provided by law.

	6.  All buildings or structures so old dilapidated or out of repair as to be dangerous, 
	unsafe, unsanitary or otherwise unfit for human use.

	7.  All wires over streets, alleys or public grounds which are strung less than 15 feet 
	above the surface thereof.

	8.  All loud, discordant and unnecessary noises or vibrations of any kind.

	9.  The keeping or harboring of any animal or fowl which by frequent or habitual 
	howling, yelping, barking, crowing or making of other noises shall greatly annoy or
	disturb a neighborhood or any considerable number of persons within the Town.

	10.  All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in 
	or under the same, except as permitted by the Town or which, although made in 
	accordance with Town authorization, are kept or maintained for an unreasonable or
	illegal length of time after the purpose thereof has been accomplished.

	11.  All open and unguarded pits, wells, excavations or unused basements freely 
	accessible from any public street, alley or sidewalk.

	12.  All abandoned refrigerators or iceboxes from which the doors or other covers 
	have not been removed or which are not equipped with a device for opening from the
	inside.

	13.  Any unauthorized or unlawful use of property abutting on a public street, alley or 
	sidewalk or of a public street, alley or sidewalk which causes large crowds of people
	to gather obstructing traffic and free use of the streets or sidewalks.

	42:5
	14.  Repeated or continuous violations of ordinances or laws of the state relating to
	the storage of flammable liquids.

ARTICLE II.  JUNK

Sec. 42.106. State Code Adopted.

The Wisconsin Statutes relating to the provisions of abandoned vehicles, including Wis. Stat. §346.94 is hereby adopted by reference and fully set forth herein and as from time to time amended.

Sec. 42.107. Junk.

	1.  The keeping, housing, storing and placing of all junk, such as scrap iron, wrecked
	vehicles, junked vehicles, junked machinery, wrecked machinery, junked trailers, 
	bottles, jugs, rags, broken glass, paper of all kinds, scrap metal and anything that 
	might pertain to a junkyard, is declared to be a public nuisance and detriment to the 
	public health and welfare of the town.
	
	2.  Any person violating subsection 42.107(1) be subject to Section 1.109.  Upon 
	removal, the vehicle and/or junk shall be stored in a junkyard or salvage yard or other 
	suitable place for thirty (30) days, and the owner thereof shall be notified, if the name 
	and whereabouts of the owner can be readily ascertained.  At the end of this time, the 
	vehicle and/or junk shall be disposed of unless claimed by the owner.  If the vehicle 
	and/or junk is claimed by the owner, all reasonable charges for handling and storage 
	shall be paid by the owner.  

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Chapters 43—53

RESERVED

43:1

Chapter 54

SOLID WASTE

Article I.   In General

Sec. 54.100.		Storing of refuse.
Sec. 54.101.		Garbage from outside the town.

Article II.   Disposal

Sec. 54.102.		Definitions.
Sec. 54.103.		Penalty.
Sec. 54.104.		Garbage, refuse and waste containers.
Sec. 54.105.		Dumping garbage, refuse and waste.
Sec. 54.106.		Treatment of combustible rubbish.
Sec. 54.107.		Disposal of building wastes.

Article III.   Littering

Sec. 54.108.		Definitions.
Sec. 54.109.		Penalty for violation of article.

54:1
ARTICLE I. IN GENERAL

Sec. 54.100. Storing of refuse.

Any accumulation of refuse and/or waste on any premises in the town is declared to be a nuisance and is prohibited. The owner is responsible for the removal of such accumulation.  Upon failure of the owner to remove after written notice by the town chairman, the town board shall cause the removal of the accumulation and place the charges of such removal on the tax roll. 

Sec. 54.101. Garbage from outside the town.

It shall be unlawful to bring refuse for disposal or recyclables from outside the corporate limits of the town unless authorized by agreement with the town.  Furthermore, no person may dump, deposit or place refuse or recyclables in receptacles or on the property of another without the latter's express consent. 

ARTICLE II. DISPOSAL

Sec. 54.102. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Combustible refuse means discarded, relatively dry, miscellaneous materials, comprising chiefly wood, paper, rags, excelsior, straw, leather, rubber, boxes, sweepings from buildings and similar discarded articles of a combustible nature.

Garbage means the waste of both animal and vegetable matter that results from the preparation of food in the town, including that from houses, kitchens, hotels, clubs, restaurants and other buildings, or that result from the handling of food material at markets, commission houses, butcher shops and similar establishments, including in both cases natural content of moisture.

Noncombustible waste means discarded refuse incapable of incineration, such as metal cans, glassware, ground, sod, stone, pottery ware, metallic ware, heavily sanded roofing paper, and all other similar types of materials. 

Cross reference—Definitions and rules of construction generally, § 1.101.

Sec. 54.103. Penalty.

Any person violating any of the provisions of this article shall be subject to section 1.109. 

Sec. 54.104. Garbage, refuse and waste containers.

Each owner, tenant or person occupying any dwelling house or other building in the town and producing garbage, refuse and/or waste shah provide and renew when necessary a sufficient number of containers to hold the garbage, refuse and waste accumulating between collections and/or removal to the sanitary landfill without overloading. Containers shall be of metal, rubber, fiberglass or other similar type material and be of substantial construction with tight fitting covers and strong handles on the outsides, and shall be watertight and fly proof. AU containers shall be maintained by the user in a good, clean and sanitary condition; and covers shall be kept tightly on such containers so as to prevent all materials from blowing or spilling from the container. Any container that is defective or has ragged or sharp edges or any defects to injure or hamper the person collecting the waste or that does not meet the requirements of this article must be replaced immediately by a new container. In all multifamily 
54:2
dwelling units (buildings containing more than two residential units), and in all commercial buildings containing more than two business establishments, garbage containers shall be placed and maintained within a three-sided enclosure consisting of a fence of a height no less than two feet higher than the maximum height of the garbage containers. The fence shall be constructed in such a manner so as to prevent paper, debris and other refuse material from being blown through the fence. The owner of all multifamily dwelling units and all such commercial establishments shall be responsible for the full compliance with the requirements of this article. 

Sec. 54.105. Dumping garbage, refuse and waste.

	1.  Use of containers required. No owner, tenant, housekeeper, building maintenance person
	or other person occupying any dwelling or other building or portion of a building in the town 
	shall deposit, throw, place or leave any garbage, refuse or waste upon any street, court, lane, 
	alley, business square, public enclosure, vacant lot, house yard, body of water or any place
	except in a garbage container required for that purpose; except bulky combustible rubbish 
	may be 	prepared and left for collection or removal to a landfill site as provided in this article. 
	No person shall upset or turn over any contents of any waste container on any street, alley and 
	other public place. No person shall remove any waste from containers on private premises 
	without the consent of the occupant, owner or lessee of the premises; and no person shall 
	remove any waste from a container that has been set out for collection unless authorized to do 
	so. In all multifamily dwelling units (buildings containing more than two residential units), 
	and in all commercial buildings containing more than two business establishments, the owner 
	in each instance shah be responsible for the compliance with the requirements of this article.

	2.  Certain deposits in containers belonging to the public and others prohibited.

	     a.  No person shall deposit or leave any garbage, refuse or waste in any garbage container 
	     belonging to another person without first securing permission to use such container for 
	     disposal purposes.

	     b.  Garbage containers placed at public waysides, public parks and other public areas 
	     within the town are intended to be used for the disposal of garbage, refuse and waste 
	     generated at and associated with the use of the public facility being served by such 
	     containers.  No person shall deposit or leave any garbage, refuse or waste in any public 
	     refuse container or at any public wayside or park within the town unless such garbage, 
	     refuse or waste was generated upon the premises being served by the container and in 
	     connection with the use of the public facility.  No public container shall be utilized by any 
	     person for the disposal of his garbage, refuse or waste except as authorized in this article 
	     unless the town board officially designates a site to be a solid waste collection station by 
	     the posting of official signs at the site to that effect. 

Sec. 54.106. Treatment of combustible rubbish.

Paper cartons containing leaves and grass must be kept free from moisture and kept in a solid condition. 

Sec. 54.107. Disposal of building wastes.

All wastes resulting from the remodeling, construction or reconstruction of a building or structure, roadway or sidewalk must be disposed of by the owner, builder or contractor. 

ARTICLE III. LITTERING

Sec. 54.108. Definitions.
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The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Aircraft means any structure invented, used or designed for navigation or flight in the air.

Highway has the meaning given in Wis. Stat. § 340.01(22).

Vehicle has the meaning given in Wis. Stat. § 340.01(74).

Waters of the state has the meaning given in Wis. Stat. § 281.01(18). 

Sec. 54.109. Penalty for violation of article.

	1.  Except as provided in subsection (2) of this section and in addition to the provisions of 
	Section 1.1.09, a person who does any of the following may be required to forfeit not more
	than $500.00:

	     a.  Deposits or discharges any solid waste on or along any highway, in any waters of the 
	     town, on the ice of any waters of the town or on any other public or private property.

	     b.  Permits any solid waste to be thrown from a vehicle operated by the person.

	     c.  Fails to remove within 30 days or otherwise abandons any automobile, boat or other 
	     vehicle in the waters of the town.

	     d.  Owns an aircraft that has crashed in the waters of the town and fails to remove the 
	     aircraft from those waters within 30 days after the crash or, within 30 days after the 
	     National Transportation Safety Board pursuant to an investigation under 49 CFR 831 
	     authorizes its removal, whichever is latest.

	2.  Subsection (1)(a) of this section does not apply to a person who places solid waste in a
	     receptacle designed for solid waste storage that is located along a highway or on other 
	     public or private property.

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Chapters 55—57

RESERVED

55:1
Chapter 58

STREETS

Article I.   In General

Sec. 58.100.	Statutes adopted.
Sec. 58.101.	Licenses, fees and penalties.
Sec. 58.102.	Prohibited deposits.
Sec. 58.103.	Removal of obstructions.
Sec. 58.104.	Depositing snow removal.
Sec. 58.105.	Width of highways or streets.
Sec. 58.106.	Assignment of town road names.
Sec. 58.107.	Obstruction of streets by building material.
Sec. 58.108.	Driveways.
Sec. 58.109.	Regulation of mailboxes.

Article II.   Excavations

Sec. 58.110.	Permit required.
Sec. 58.111.	No opening in frozen ground.
Sec. 58.112.	Notification of excavation.
Sec. 58.113.	Traffic control.
Sec. 58.114.	Report of utility pipes required.
Sec. 58.115.	Surety bond required.
Sec. 58.116.	Bond proceeds.
Sec. 58.117.	Barricades.
Sec. 58.118.	Trench backfilling.
Sec. 58.119.	Compaction control tests.
Sec. 58.120.	Permanent pavement repair costs.

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ARTICLE I. IN GENERAL

Sec. 58.100. Statutes adopted.

The provisions of Wis. Stat. § 62.16, as amended, relating to the construction, improvement and repair of streets and alleys, so far as applicable to the town, are adopted for reference in this section as if fully set forth. 

Sec. 58.101. Licenses, fees and penalties.

No person shall begin or engage in any excavation or construction in, on, under, above or across any street, sidewalk or public property without first obtaining a permit and payment of the required fee set by the town board.

Sec. 58.102. Prohibited deposits.

No person shall deposit or place or cause or permit to be deposited or placed in, upon or over any street, alley, roadway or other public grounds within the town any brush, fence, wood, dirt, stone, rubbish, glass, bottles, crockery, nails, tacks, pieces of metal, wire, briars, thorns or other articles or obstructions that would in any way interfere with the convenient or intended use of a street, alley, ditch, roadway or other public ground by the public or that would be liable to injure or damage any person or animal or the wheels or tires of bicycles or any vehicles that have wheels with rubber or pneumatic tires. 

Sec. 58.103. Removal of obstructions.

Whenever there shall be any fence, barrier or any such items of rubbish, etc., upon or over any sidewalk, street, alley or roadway or other public grounds in the town, the town board may make an order directing the owner or the person having or claiming to have the care, custody or control of such places, or the person who placed or caused the obstructions to be placed upon or over any such sidewalk, street, alley, roadway or other public grounds, to remove the obstructions by a certain day, to be not less than five nor more than 30 days from the date of service of such order. It shall be the duty of the designated chief of police to serve a copy of the order upon the person against whom the order is directed, by delivering to him a copy of the order; and it shall be the duty of such person to remove such material, or cause it to be removed, at his own expense within the time limited in such order. 

Sec. 58.104. Depositing snow removal.

It shall be unlawful for any person to push or deposit snow, or cause snow to be pushed or deposited from his own personal driveway or parking area into the public streets and/or alley or roadway.

Sec. 58.105. Width of highways or streets.

All streets, highways and roads within the town shall be established, constructed and laid out having a width of 66 feet unless written approval to the contrary is first obtained from the town board. 

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Sec. 58.106. Assignment of town road names.

In accordance with Wis. Stat. § 83.03 which requires the assignment of names for each road under the town's jurisdiction, the road names as shown on the official town map are assigned. 

Sec. 58.107. Obstruction of streets by building material.

No person shall place or cause to be placed, any dirt, coal, stone, timber, planks, boards or other materials for building or otherwise in or upon any street, alley, right-of-way or public square without written permission from the town board. 

Sec. 58.108. Driveways.

	1.  Permit required. Any person installing a driveway shall obtain an installation
	permit from the town. Upon issuance of the permit, the town engineer shall 
	prescribe the grades acceptable for satisfactory drainage. The permit fee shall be 
	as set by the town board.

	2.  Application. Application for a permit to construct a driveway shall be made in 
	writing to the town and shall describe the property and the street where the 
	driveway will be constructed.

Sec. 58.109. Regulation of mailboxes.

	1.  Mailboxes shall conform to regulations of postal authorities. No mailbox shall 
	be set, established or maintained unless it shall conform to all respects to the 
	regulations of the United States postal authorities.

	2.  Distance from road. No standard, post or other device for the placement of a 
	rural mailbox shall be set, established or maintained further than one foot to the
	roadside ditch or boulevard line.

ARTICLE II. EXCAVATIONS

Sec. 58.110. Permit required.

An excavation permit shall be obtained from the town chairman before any applicant shall excavate, dig upon or in, or remove any tree or material from any public street, alley, right-of-way or public square without written permission from the town board. 

Sec. 58.111. No opening in frozen ground.

Where the work is done by others than the town, no openings in the streets will be permitted when the ground is frozen, except for an emergency, such necessity to be determined by the town board. 

Sec. 58.112. Notification of excavation.

An applicant who has been authorized to excavate or dig in accordance with the terms of 
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this article shall notify the town of the date on which he will begin excavation, and the time required to complete the work. No excavation authorized under this article may be initiated until such notification has been made. 

Sec. 58.113. Traffic control.

If an excavation requires the rerouting or detour of traffic, the contractor shall provide all signs, barricades, lights and traffic control. All detours shall be approved by the town chairman. 

Sec. 58.114. Report of utility pipes required.

While excavating, any person who shall uncover, strike, disturb or discover any pipe, conduit casing or other object used to transmit gas, water, sewerage, telephone, electrical current, or cable television, shall immediately report that fact to the appropriate utility before progressing further with the excavation or removal. Where there may be damage to life or property, the report shall also be made to the designated law enforcement and fire departments. 

Sec. 58.115. Surety bond required.

The contractor shall execute and file with the town clerk and keep in effect a corporate surety bond in the amount set by the town board conditioned upon the timely and faithful performance of all conditions prescribed by law and all laws and ordinances applicable with respect to all permits issued to the applicant. 

Sec. 58.116. Bond proceeds.

The contractor shall immediately, after verbal or written notification by town officials, correct violations of this article. If there is a failure to correct such violations within a reasonable amount of time, particularly where a violation may endanger public safety, the town shall cause the violation to be corrected and shall bill the contractor for the actual cost plus a penalty prescribed by the town board, with bond proceeds forfeited accordingly.

Sec. 58.117. Barricades.

All barricades shall comply with the following standards:
	
	1.  Barricades and constructions warning signs shall be constructed, marked and 
	reflectorized in conformance with the Manual of Uniform Traffic Control 
	Devices, latest edition and revisions.
	
	2.  All barricades used at night shall be lighted with a minimum of one flasher for
	each barricade.
	
	3.  A construction warning sign, illuminated with at least one light or flasher, shall
	be placed adjacent to the roadway approximately 200 feet in advance of the 
	barricaded area.
	
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	4.  Each barricade shall contain the contractor’s name, address and telephone 
	number.  The telephone number shall be such that the contractor or his authorized 
	representative can be reached 24 hours per day.

Sec. 58.118. Trench backfilling.

Trench backfilling shall be accomplished as follows:

	1.  The backfill from the bottom of the conduit to an elevation one foot above
	the conduit shall be fine granular material carefully placed by hand and well 
	tamped to fill completely all the spaces under and adjacent to the conduit so as 
	to form a bed that will preclude subsequent settlement.  Compaction shall
	achieve at least 95 percent of maximum dry density at optimum moisture as 
	determined in accordance with the Standard Method of Test for the Moisture
	Density Relations of Soils, AASHTO Designation T 180- 74.

	2.  The remainder of the backfilling may consist of suitable native soils with 
	proper moisture content for maximum compaction.  The contractor shall have a 
	vibratory type compactor approved by the Town before starting to backfill.  The 
	backfill shall be uniformly compacted to at least 90 percent of maximum dry 
	density, except for the upper three (3) feet, which shall be compacted to at least
	95 percent of maximum dry density at optimum moisture as determined by the 
	Standard Method of Test for the Moisture Density Relations of Soils, AASHTO 
	Designation T 180-74.

	     a.  All roots, debris, rocks greater than six (6) inches in diameter, frozen 
	     material, or other unsuitable materials that in the opinion of the Town may 
	     cause interference with the compaction requirements shall not be used in the 
	     backfill and shall be disposed of elsewhere by the contractor; and unsuitable 
	     materials shall be replaced with suitable granular materials approved by the 
	     town board.

	     b.  This backfilling shall be made immediately after placing the hand backfill 
	     and shall be accomplished by placing and compacting in layers, not to 
	     exceed eight (8) inches in depth.
	
	3.  All who excavate in the public right-of-way, except those included under
	subsection (4) of this section, shall be responsible for trench backfilling and the 
	placement of the two-inch temporary asphalt patch as described in subsection 
	(3)(a-c) of this section.  In addition, they shall remit in advance of receiving the
	excavation permit, the cost of the permanent pavement repairs as described in 
	section 58.120.

	     a.  Gravel surfaces. The contractor shall complete the compacted backfill to 	     an elevation six inches below the finished street grade and immediately place 
	     six inches of compacted gravel surface course equal in quality to that which
	     is existing.

	     b.  Asphalt. The contractor shall complete the compacted backfill to an
	     elevation two inches below the finished street grade and immediately place a 
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	     minimum of two inches of compacted asphalt surface course on the street.  

	     c.  Cleaning of area. Immediately after placement of the surface course, the 
	     area shall be cleaned and left in a safe and satisfactory manner and the street 
	     opened to traffic.

	4.  Major utility companies, including but not limited to, Wisconsin Fuel and
	Light Company, General Telephone Company, and Wisconsin Public Service
	Corporation and their subcontractors, shall be responsible for the backfilling of 
	the trench and the permanent pavement repair as described in subsection (4)(b).

	     a.  Major utility companies responsible for the permanent pavement repair 
	     shall compact the trench backfill as described in subsections (1) and (2) and 
	     in addition perform the following: For an asphalt pavement with gravel base, 
	     the compacted backfill shall be completed to an elevation where a minimum 
	     of six inches of state-graded base course shall be placed and compacted, 
	     followed by placement of a minimum two-inch hot mixed asphalt pavement 
	     or a thickness equal to the existing pavement.

	5.  The permanent repair shall be to the satisfaction of the town board.  Settling
	of the permanent patch, regardless of who installed the permanent pavement, 
	within one year from the date of trench backfilling shall be construed as 
	evidence of poor compaction; and the contractor who backfilled the trench and
	his surety shall be responsible for the cost and satisfactory performance of a 
	replacement patch.  If after notification by the town the contractor fails to re-
	compact the backfill and replace the pavement patch, the town shall perform the
	work and bill the contractor or his surety for the actual cost plus a penalty set by
	the town board.  Each successive replacement patch by the contractor shall be
	subject to satisfactory performance for a period of one year.

	6.  The contractor shall not begin any excavation on any arterial street in travel 
	lanes within the town before 9:00 a.m. and shall have such excavation 
	backfilled and complete with the asphaltic interim pavement before 4:00 p.m., 
	and barricades removed. If underground work cannot be completed by 4:00 
	p.m., the contractor shall make provisions to place a temporary bridge over the 
	excavation that will allow traffic to utilize the travel lane, unless specific 
	permission is granted by the Town to allow barricades to remain.

Sec. 58.119. Compaction control tests.

The town shall perform compaction control tests at such frequency and at such depths as deemed necessary to verify compliance with the compaction requirements.  The contractor shall furnish such materials, labor and equipment deemed necessary by the town in order to obtain the necessary compaction test soil samples.

Sec. 58.120. Permanent pavement repair costs.

	1.  The town will accomplish the permanent pavement repairs necessary except as 
	provided in section 58.118(4) and will charge the applicant in advance for such 
	repairs according to a schedule prepared by the town and filed in the town clerk’s 
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	office.

	2.  Such charges shall be paid at the time of the application for the excavation 
	permit.  There will be no further charges to the contractor upon payment of the 
	permanent pavement repair fee except for the later repairs made necessary by 
	failure of the contractor to properly compact the excavations.

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Chapters 59—61

RESERVED

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Chapter 62

TAXATION

Sec. 62.100.	Adoption of state statutes.
Sec. 62.101.	How constituted.
Sec. 62.102.	Clerk.
Sec. 62.103.	Compensation.
Sec. 62.104.	Time and place of meetings.

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Sec. 62.100. Adoption of state statutes.

Except as otherwise provided, the duties and functions of the board of review shall be as prescribed by statute, particularly as set forth in Wis. Stats. Ch. 70, as from time to time amended. 

Sec. 62.101. How constituted.

The town board and the town clerk shall comprise the town board of review. 

Sec. 62.102. Clerk.

The town clerk shall be the clerk of the board of review and keep an accurate record of all proceedings. 

Sec. 62.103. Compensation.

The members of the board of review, except members who are full-time employees or officers of the town, shall receive such compensation as shall be established by the town board.  It shall be the duty of the town assessor to attend the session of the board of review. 

Sec. 62.104. Time and place of meetings.

The board of review shall meet annually on the second Monday of May at the Town of Texas Municipal Center or other location as otherwise set by resolution of the town board. The board shall proceed as outlined in Wis. Stats. § 70.47. 

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Chapter 63

TRAFFIC AND VEHICLES

Article I.   In General

Sec. 63.100.	Traffic control devices ratified.
Sec. 63.101.	Official traffic signs and signals.
Sec. 63.102.	Parking regulations; snow removal emergency.
Sec. 63.103.	Traffic and parking regulations on school grounds.

Article II.   ATVS

Sec. 66.104.     Operation.

Article III.    Snowmobiles

Sec. 66.105.     State snowmobile forfeiture laws adopted. 
Sec. 66.106.     Penalty for snowmobile violations. 
Sec. 66.107.     Operation.

Article IV.   Mini-bikes and Self-Propelled Devices

Sec. 66.108.     Definitions.
Sec. 66.109.     Provisions for the operation of mini-bikes and self-propelled devices. 
Sec. 66.110.     Liability of parent or guardian.
Sec. 66.111.     Penalties for violation of article.

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ARTICLE I. IN GENERAL

Sec. 66.100. Traffic control devices ratified.

All traffic control signs, signals, devices and markings in place on the date of adoption of this Code are expressly ratified and confirmed.

Sec. 66.101. Official traffic signs and signals.

	1.  Erection. Signs shall be erected in such locations and manner as the town 
	board shall determine will best affect the purposes of this chapter and give 
	adequate warning to users of the street or highway.

	2.  Removal.  The town shall have the authority granted by Wis. Stat. § 349.09 to
	order the removal of a sign, signal, marking or device placed, maintained or 
	displayed in violation of Wis. Stat. § 346.41. Any charge imposed on a premise 
	for removal of such illegal sign, signal or device shall be reported to the town 
	board at its next regular meeting for review and certification.

Sec. 66.102. Parking regulations; snow removal emergency.

When circumstances warrant, the town may declare a snow removal emergency and specify its duration, during which emergency the street shall be cleared for the purpose of permitting the official removal of snow and ice from the street, provided that:

	1.  Notice of such declaration shall be given by the chairman of the town board by
	broadcast or telecast over a radio or television station located in Wausau, 
	Wisconsin.

	2.  After notice is given, during the period of such snow removal emergency as so 
	declared, no vehicle shall be parked, stopped or left standing on any public street 
	or alley within the town.

	3.  If any vehicle shall be found standing, stopped or parked upon any public street 
	or alley within the town during the period of a snow removal emergency, the 
	designated chief of police may cause such vehicle to be towed away. The owner 
	of such vehicle shall not be entitled to recover possession of such vehicle until an 
	expense and tow charge as set by the town board is paid to the town 
	clerk/treasurer or designated chief of police and his receipt exhibited. All charges 
	for towing and storage shall be in addition to all other penalties imposed by law or 
	ordinance. 

Sec. 66.103. Traffic and parking regulations on school grounds.

	1.  Pursuant to Wis. Stat. § 118.105, the following shall apply on all school 
	property, public and parochial, located in the town:

	     a.  Parking.  No person shall park any vehicle in any vehicular traveling area 
	     or parking areas of the Wausau School District or parochial school district, 
	     except in conformity with the posted parking regulations set forth for such 
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	     vehicular travel and parking areas.

	     b.  Speed limits.  No person shall, at any time, operate a motor vehicle upon 
	     any Wausau School District or parochial school district grounds at a speed in 
	     excess of any posted speed limit or, lacking any specific speed limit posting, at 
	     a speed greater than ten miles per hour.

	     c.  Vehicles prohibited at specified times.  No person shall, at any time, operate 
	     a motor vehicle other than a school bus or emergency vehicle in or upon any 
	     drive designated for buses only, during the hours indicated by posted signs on 
	     weekdays during the months when school is in session.

	     d.  Parking lot dividers and islands.   No person shall operate a motor vehicle 
	     on such premises across parking lot islands or parking lot dividers.

	2.  All sections referred to in subsection (1) of this section are amended in 
	accordance with Wis. Stats. § 118.105 and apply on all school property, public 
	and parochial, located in the town.

	3.  Any changes, additions or deletions in Wis. Stat. § 118.105 and Chs. 343—
	348, 350, 23 and 28 shall be applied to this section.

ARTICLE II. ATV'S

Sec. 66.104. Operation.

	1.  No person shall operate an ATV over designated ATV routes at a rate of speed 
	that exceeds the maximum posted speed limit.

	2.  No person shall operate an ATV at a rate of speed that is unreasonable or 
	improper, under the conditions, and having regard for the actual and potential 
	hazards then existing, or in any careless way so as to endanger the person or 
	property of another or while under the influence of intoxicating liquor, fermented 
	malt beverages or a controlled substance.
	
ARTICLE III. SNOWMOBILES

Sec. 66.105. State snowmobile forfeiture laws adopted.

Except as otherwise specifically provided, all provisions of Wis. Stats, Ch. 350, as amended, describing and defining regulations with respect to snowmobiles for which the penalty is a forfeiture only, including penalties to be imposed and procedure for prosecution, are adopted and by reference made a part of this section as if fully set forth. Any act required to be performed or prohibited by any statute incorporated in this section by reference is required or prohibited by this section. Sections of Wis. Stats, Ch. 350 adopted by reference shall include but not be limited to the following:

Wis. Stats. § 350.01	(Definitions)
Wis. Stats. § 350.02	(Operation of Snowmobiles on or in the Vicinity of Highways)
Wis. Stats. § 350.03	(Right-of-Way)
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Wis. Stats. § 350.05	(Operation of Youthful Operators Restricted)
Wis. Stats. § 350.07	(Driving Animals)
Wis. Stats. § 350.08	(Owner Permitting Operation)
Wis. Stats. § 350.09	(Head lamps, Tail lamps, Brakes, etc.)
Wis. Stats. § 350.10	(Miscellaneous Provisions for Snowmobile Operation)
Wis. Stats. § 350.101	(Intoxicated Snowmobiling)
Wis. Stats. § 350.102	(Preliminary Breath Screening Test)
Wis. Stats. § 350.1025	(Application of Intoxicated Snowmobiling Law)
Wis. Stats. § 350.103	(Implied Consent)
Wis. Stats. § 350.104	(Chemical Tests)
Wis. Stats. § 350.106	(Report Arrest to Department)
Wis. Stats. § 350.107	(Officer's Action after Arrest for Operating a Snowmobile
			While Under the Influence of Intoxicant)
Wis. Stats. § 350.11(1),(3a)[1], (4) (Penalties)
Wis. Stats. § 350.12	(Registration of Snowmobiles)
Wis. Stats. § 350.15	(Accidents and Accident Reports)
Wis. Stats. § 350.17(2) (Refusing To Stop After Being Requested or Signaled To Do
			So by Law Enforcement Officer)
Wis. Stats. § 350.19	(Liability of Landowners)

Sec. 66.106. Penalty for snowmobile violations.

The penalty for the violation of any provision of this article relating to snowmobiles shall be a forfeiture, which shall conform to the forfeiture for the violation of the comparable state offenses incorporated in this article by reference, including any variations or increases for second offenses.  The forfeiture for violation of any provision of this article where no forfeiture can be found for a comparable state statute incorporated in this article by reference shall be as provided in section 1.109. 

Sec. 66.107. Operation.

	1.  The town shall post prescribed snowmobile routes in accordance with Wis. 
	Stats. § 350.13.

	2.  No person shall operate a snowmobile over the designated snowmobile routes 
	at a rate of speed that exceeds the maximum speed limit posted on the route.

	3.  No person shall operate a snowmobile at a rate of speed that is unreasonable or 
	improper, under the conditions, and having regard for the actual and potential 
	hazards then existing, or in any careless way so as to endanger the person or
	property of another, or while under the influence of intoxicating liquor, fermented 
	malt beverages or controlled substance.

	4.  The operation of snowmobiles on any roadway in the town other than the 
	prescribed routes is declared unlawful.

ARTICLE IV. MINI-BIKES AND SELF-PROPELLED DEVICES

Sec. 66.108. Definitions.

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The following words, terms and phrases, when used in this article, shall have the 
meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Highway means all public ways, thoroughfares and bridges. It includes the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel. It includes not only the actual traveled portion of the roadway but also the shoulders, ditches and other adjacent areas owned by or reserved for the use of the public.

Mini-bike means any self-propelled device primarily used for transportation or sport, including but not limited to motorcycles, go-carts, motorized bicycles, off-the-road trail bikes, and all-terrain vehicles.

Self-propelled device means any device designed primarily for off-the-road use which is driven by an internal combustion engine or electricity, and in, upon or by which any person or property is or may be transported or drawn. It includes without limitation for lack of enumeration such devices commonly known as mini-bikes, go-carts and motor bicycles. 

Sec. 66.109. Provisions for the operation of mini-bikes and self-propelled devices.

No person shall operate a mini-bike or self-propelled device in the town in the following manner:

	1.  At a rate of speed that is unreasonable or imprudent under the circumstances.

	2.  In any careless way so as to endanger the person or property of another.

	3.  While under the influence of intoxicating liquor, fermented malt beverages, 
	narcotics or other controlled substances.

	4.  In such a way that the exhaust of the motor makes an excessive or unusual 
	noise.

	5.  Without a functioning muffler.

	6.  Upon any public highway, street or alley, or upon any sidewalk or parkway in 
	the town unless such vehicle is registered as required by Wis. Stats. ch. 341 and 
	its operation and operator are specifically permitted to operate the vehicle by 
	statute.

	7.  Upon any slide, ski or skating area, except for the purpose of serving the area 
	or crossing the places where marked.

	8.  On any lands operated or leased by the town.

	9.  Upon the private property of another without the consent of the owner or 
	lessee. Failure to post private property does not imply consent for use. Any motor-
	driven craft, mini-bike or self-propelled vehicle shall, at all times, have the 
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	consent of the owner before operation of such craft or vehicle on private lands.

	10.  On or across a cemetery, burial ground, school or church property, without 
	the express consent of the owner.

Sec. 66.110. Liability of parent or guardian.

No parent or guardian of any child under the age of 18 years shall authorize or permit such child to violate any of the provisions of this article. Any child under the age of 18 years who shall operate a mini-bike or self-propelled device shall be presumed to be operating the vehicle under the authority of a parent or guardian. 

Sec. 66.111. Penalties for violation of article.

The penalty for the violation of any of the provisions of this article relating to the operation of mini-bikes or self-propelled devices shall be as provided in section 1.109. 

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