MUNICIPAL CODE
OF THE 
TOWN OF TEXAS
 MARATHON COUNTY, WISCONSIN

2010

Published by Order of the Town Board

December, 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 60, 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_______________ 2010, and not included in the Code or recognized and continued in force by reference therein, are repealed.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repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.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 is 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 December, 2010	

						TOWN OF TEXAS

																		_______________________________
						Matthew Bootz, Chairman

ATTEST:

______________________________
Lorraine Beyersdorf, Town Clerk

Adopted: ___________

Approved: __________

Published:  __________

TABLE OF CONTENTS

Chapter								Page

1. General Provisions……………………………………………..	 1							 
2. Administration………………………………………………….	  2	           
    Art. I. In General……………………………………………….	 11
    Art. II. Town Board…………………………………………….	 11
    Art. III. Officers and Employees……………………………….	 14
    Div. 1. Generally……………………………………………….	 14
    Div. 2. Appointive Officials……………………………………	 14
    Art. IV. Boards, Commissions and Committees……………….	 14
    Art. V. Finance…………………………………………………	 15

3—5.   Reserved…………………………………………………..	 16

6.   Alcohol Beverages…………………………………………….	 17
      	
7—9.   Reserved……………………………………………………	 21

10.  Animals………………………………………………………..	 22
       Art. I. In General………………………………………………	 23
       Art. II. Dogs and Cats…………………………………………	 23

11—13.   Reserved…………………………………………………	 26

14.   Buildings and Building Regulations………………………….	 27
        Art. I. In General	……………………………………………..	 28
        Art. II. Administration and Enforcement……………………..	 28
        Div. 1. Generally	……………………………………………..	 28
        Div. 2. Permits and Fees………………………………………	 30
        Div. 3. Inspections and Orders………………………………..	 34
        Art. III. Wrecking, Razing and Demolition of Buildings……..	 35
        Art. IV. House and Building Numbering……………………..	 36

15—29.   Reserved…………………………………………………	 38

30.   Fire Prevention and Protection……………………………….	 39
        Art. I. In General	……………………………………………..	 40
        Art. II. Reserved………………………………………………	 41
        Art. III. Volunteer Fire Department…………………………..	 42

TABLE OF CONTENTS-Cont'd.

Chapter									Page 

31—37.   Reserved………………………………………………………..	 44

38.   Mobile Homes……………………………………………………….	 45
        Art. I. In General	…………………………………………………….	 46
	
39—41.   Reserved………………………………………………………..	 52

42.   Nuisances…………………………………………………………….	 53
        Art. I. Public Nuisances………………………………………………	 54
        Art. II. Junk…………………………………………………………..	 57
	
43—53.   Reserved…………………………………………………………	 59

54.    Solid Waste…………………………………………………………...	 60
         Art. I. In General……………………………………………………..	 61
         Art. II. Disposal………………………………………………………	 61
         Art. III. Littering……………………………………………………..	 62
	
55—57.   Reserved…………………………………………………………	 64

58.   Streets…………………………………………………………………	 65
        Art. I. In General	……………………………………………………...	 66
        Art. II. Excavations……………………………………………………	 67

59.   Board of Review………………………………………………………	 71
		
60.   Traffic and Vehicles…………………………………………………… 73
        Art. I. In General	………………………………………………………  74

                    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.	Severability of provisions.
Sec. 1.113	Fees and charges.

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 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 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 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.
	
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.

n.     	That is special, although permanent in effect.

o.     	The purpose of which has been accomplished.

p.    	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.

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 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.	Nonexclusivity.
a.	Other ordinance. Adoption of this ordinance does not preclude the town board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter.

b.	Other remedies. The 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 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.

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 audited, filed and referred
Sec. 2.107.	Publication 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.

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.

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.

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 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 3. 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.

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.

Chapters 3-5

RESERVED

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.

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 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, manager's or operator's 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.

3.	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.

4.	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.

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

6.	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.

7.	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.

8.	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 makes its decision effective on a later date, in its discretion.

9.	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.

Chapters 7-9

RESERVED

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.	License Required.
Sec. 10.108.	Restrictions on keeping dogs and cats.
Sec. 10.109.	Impounding of dogs.
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 limited.
Sec. 10.113.	Animal excreta.

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 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 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 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.  

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.  

Chapters 11—13

RESERVED

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.

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 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 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. 

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, 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 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 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.

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.  Reserved.  

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.

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.

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 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.
	
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 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.

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. 

Chapters 15—29

RESERVED

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.

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 authorized in the Town of Texas as permitted pursuant to the Wisconsin Department of Natural Resource Regulations and after obtaining a permit from a Fire Warden.  

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 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, ext 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.
		
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.  

5.  	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.

6.  	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

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. 

Sec. 30.103. Approval of Officers.

1.	The town board shall approve all Department officers presented to it by the Department within thirty (30) days of presentation to the town board.   If the town board fails to approve a fire chief within that time period, the town board shall at a minimum appoint an acting fire chief until a permanent chief is approved by the town board.

2.	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.

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

4.	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.  

5.	 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.  

6.	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).

Chapters 31—37

RESERVED

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.

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.

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 be 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.  

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 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:

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

b.	Recreational mobile homes and camping trailers as defined in Wis. Stat. § 70.111(19).
	
c.	Mobile homes located in campgrounds licensed under Wis. Stat. § 254.47.
	
d.	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 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 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.  

Chapters 39—41

RESERVED

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.

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.

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.

1.	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, excluding compost piles.

4.	All animals running at large.

5.	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.

6.	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.  

7.	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.

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

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

3.	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.

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

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

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

8.	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.

9.	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.

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

11.	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.

12.	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.

13.	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, storing and placing of all junk in view from a public right-of-way, 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) shall 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.  

Chapters 43—53

RESERVED

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.

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 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.

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.

Chapters 55—57

RESERVED

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.

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. 

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 zoning inspector 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 contrary to the rules, policies and procedures as set forth by Marathon County.  
3.	
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 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.
	
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 minimum of two and one-half 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.  	Utility companies 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 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.

Chapter 59

BOARD OF REVIEW

Sec. 59.100.	Adoption of state statutes.
Sec. 59.101.	How constituted.
Sec. 59.102.	Clerk.
Sec. 59.103.	Compensation.
Sec. 59.104.	Time and place of meetings.

Sec. 59.100. 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. 59.101. How constituted.

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

Sec. 59.102. Clerk.

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

Sec. 59.103. 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. 59.104. 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. 

Chapter 60

TRAFFIC AND VEHICLES

Article I.   In General

Sec. 60.100.	Traffic control devices ratified.
Sec. 60.101.	Official traffic signs and signals.
Sec. 60.102.	Parking regulations; snow removal emergency.
Sec. 60.103.	Traffic and parking regulations on school grounds.

ARTICLE I. IN GENERAL

Sec. 60.100. 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. 60.101. 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. 60.102. 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. All charges for towing and storage shall be in addition to all other penalties imposed by law or ordinance. 

Sec. 60.103. 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 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.