[HISTORY: Adopted by the Town Board of the
Town of Fulton 9-12-1996 as Ch. 12 of the 1996 Code. Amendments noted where applicable.]
The Town Board of the Town of Fulton has the
specific statutory authority, powers and duties, pursuant to the specific
statutory sections noted in this chapter and/or by its adoption of
village powers under § 60.10, Wis. Stats., to regulate,
control, prevent and enforce against in the Town of Fulton certain
uses, activities, businesses and operations by persons that may affect
public safety and public order in the Town of Fulton.
The Town Board of the Town of Fulton has, by
adoption of this chapter, confirmed the specific statutory authority,
powers and duties noted in the specific sections of this chapter and
has established by these sections and this chapter the regulations,
controls and enforcement against certain uses, activities, businesses
and operations by persons that may affect the public safety and public
order in the Town of Fulton.
No person shall commit the following offenses
in the Town of Fulton (herein noted as Town of Fulton violations)
that are hereby adopted by reference in this chapter. The prosecution
of such offenses under this chapter shall be as provided in §§ 60.23
and 66.0107, Wis. Stats., and the below-noted sections, but the penalties
for violation of these sections shall be as provided below.
A.
All offenses set forth in Chs. 942 through 948, Wis.
Stats., inclusive, and amendments thereto, all of which are hereby
adopted by reference in this chapter and are made violations of this
Code.
B.
In addition, no person shall within the Town intentionally
cause, provoke, or engage in any fight, brawl, riot or noisy altercation
other than a bona fide athletic contest, nor shall any person within
the Town cause bodily harm to another, as bodily harm is defined in
§ 939.22(4), Wis. Stats., by an act done with intent to
cause bodily harm to that person or another without consent of the
person so harmed.
[Amended 6-8-2000]
[Amended 6-8-2000]
A.
No person shall use, possess, manufacture or deliver
to an adult or minor in the Town of Fulton any drug paraphernalia
in violation of §§ 961.573(1), 961.574(1) and 961.575(1),
Wis. Stats., herein incorporated by reference.
B.
In addition, no person shall use, possess, manufacture,
sell, deliver or make available to any other person 25 grams or less
of marijuana or cannabis unless such marijuana or cannabis was obtained
directly or pursuant to a valid prescription or order of a practitioner
acting in the course of his or her professional practice.
[Amended 11-13-2007]
C.
CANNABIS
MARIJUANA
PRACTITIONER
For purposes of this section, the following definitions
are adopted:
The residue extracted from any part of the plant Cannabis
Sativa L., or any other nonfibrous extract from any part of this plant
containing delta-9-tetrahydrocannabinol.
All parts of the plant Cannabis Sativa L., whether growing
or not; the seeds thereof; and every compound, manufacture, sale,
derivative, mixture or preparation of the plant or its seeds. It does
not include cannabis or any other compound, manufacture, sale, derivative,
mixture or preparation of the mature stalks, fiber oil, or cake, or
the sterilized seed of the plant which is incapable of germination.
A physician, dentist, veterinarian, podiatrist, scientific
investigator, or other person licensed, registered or otherwise permitted
to distribute, dispense, conduct research with or to administer a
controlled substance in the course of professional practice or research
in this state.
No person shall cause, permit or allow any person
in the Town of Fulton to intentionally damage any physical property
owned or leased by the Town of Fulton. This damage may include but
is not limited to the erection, posting, painting or maintaining of
signs, posters, pictures or drawings on any curbs, bridges, equipment,
fixtures, trees, windows, sidewalks, public highways, roads, streets,
alleys, culverts, fences, walls, posts, lamps, poles or any buildings
or materials of any type in the Town of Fulton owned or leased by
the Town of Fulton.
A.
No person shall cause, allow or permit any person
in the Town of Fulton to maintain on land owned by that person in
the Town of Fulton the following:
B.
All such physical structures and places shall be properly
filled, tightly enclosed, property covered or fully and securely fenced
in such a manner to prevent injury to persons. Any cover, enclosure
or fence shall be designed, constructed and maintained to prevent
small children from accessing the structure or place.
C.
No person shall cause, allow or permit any excavation
in the Town of Fulton, for any building purpose or other purpose,
to be left open beyond three months from the commencement of excavation
without the person owning the property proceeding to complete the
construction of the building or without the person owning the property
proceeding to fill the excavation to grade. This provision shall not
apply to any metallic or nonmetallic mining operations where a permit
for mining has been issued by the Town Board of the Town of Fulton.
If the person, after receipt of notice to comply with this chapter,
fails to comply with this chapter the Town Board may order the excavation
to be filled by the person within 14 days after receipt by the person
of the order. If the excavation is not then filled to the satisfaction
of the Town Board, the Town Board may fill the excavation to grade
and may then charge the cost to fill the excavation to the person
against the real property of that person as a special tax.
No person shall litter, as provided in § 287.81,
Wis. Stats., which is incorporated by reference herein.
No person shall cause, allow or permit any person
in the Town of Fulton to maintain outside any inhabited building or
structure or inside any uninhabited building or structure, in a location
accessible to small children, any abandoned, unattended or discarded
icebox, refrigerator, deep freezer or other container or equipment
which has an airtight door or lid which may not be released from the
inside without removing the door or lid or removing the lock from
such container or equipment, unless the person securely locks or fastens
the door to prevent access by small children.
[Amended 10-9-1997]
No person shall cause, allow or permit any person
in the Town of Fulton to discharge a firearm, bow or crossbow under
the following circumstances:
A.
The provisions of §§ 941.20(1)(d) and
167.31(1), (2)(a) and (d) and (4), Wis. Stats., describing and defining
regulations with respect to the use of firearms, bows and crossbows
are hereby adopted and incorporated by reference by the Town of Fulton
and made a part of this chapter as if fully set forth herein.
B.
Any future amendments, modifications, revisions, additions
or deletions of the above-noted statutory provisions shall be incorporated
herein and made a part of this chapter in order to secure uniform
regulation of firearms, bows and crossbows in the Town of Fulton.
A.
No person shall cause, allow or permit any person
to take the below-noted actions or conduct the below-noted events
in the Town of Fulton on the public highways, roads, streets or alleys
in the Town of Fulton without a permit issued by the Town Board of
the Town of Fulton. The acts and events are the following:
(1)
Any parade, dance or motorcade, except a funeral procession,
where traffic may be delayed or rerouted.
(2)
Any house, building or structure moving or wrecking
on any public highway, road, street or alley.
(3)
Any party, festival, carnival, event or amusement
activity where the party, festival, carnival, event or amusement activity
is to be temporarily located all or in part on a public highway, road,
street or alley.
B.
The Town Board or its designee shall inspect the premises
prior to the issuance or reissuance of the permit. No permit shall
be issued or reissued by the Town Board until the Town Board or its
designee has inspected the premises.
[Added 4-12-2022 by Ord. No. 2022-08]
A.
No person
shall operate a power-driven boat on the Rock River, in the Town of
Fulton, Rock County, Wisconsin, faster than a slow no-wake speed in
the following areas when posted:
B.
For the
purpose of this section, the term "slow no-wake" shall mean operating
a boat at the slowest speed at which said boat can be operated and
still maintain forward motion and steerage control.
C.
Penalties.
Wisconsin State boating penalties as found in § 30.80, Wis.
Stats., and deposits as established in the Uniform Deposit and Bail
Schedule established by the Wisconsin Judicial Conference are hereby
adopted by reference with all references to fines amended to forfeitures
and all references to imprisonment deleted.
[1]
Editor's Note: Former § 334-14, Slow no-wake areas,
added 5-14-1998, was repealed 1-11-2022 by Ord. No. 2022-02.
Chapter XI of the Rock County Code of Ordinances
concerning rules and regulations in Rock County parks is hereby adopted
by reference in its entirety and is hereby made a part of this Code.
[Added 9-10-1998]
A.
No person within the Town of Fulton shall:
(1)
In any public or private place engage in violent,
noisy, riotous, abusive, indecent, profane, boisterous, unreasonably
loud or otherwise disorderly conduct which tends to cause or provoke
an immediate disturbance of public order or tends to annoy or disturb
any other person.
(2)
Engage in any of the conduct set forth in Subsection A(1) above in any public or private place while operating a motor vehicle. Such prohibited conduct shall include, but is not limited to, disobedience of posted traffic signs, whether public or private, operating a motor vehicle upon the left-hand portion of any traveled roadway, whether public or private, or otherwise operating a motor vehicle in a manner which tends to provoke or cause a disturbance.
B.
For purposes of this section, the term "motor vehicle"
means a vehicle, including a combination of two or more vehicles and/or
articulated vehicle, which is self-propelled, except a vehicle operated
exclusively on a rail. A snowmobile and an all-terrain vehicle shall
be considered motor vehicles for purposes of this section.
[Added 6-8-2000]
No person within the Town of Fulton or in communication
with any person in the Town of Fulton shall make a telephone call
or send a message to any person on an electronic mail or other computerized
communication system which does any of the following:
A.
Intends to frighten, intimidate, threaten, abuse or
harass, or threatens to inflict injury or physical harm to any person
or property of any person.
B.
Uses any obscene, lewd or profane language or suggests
any lewd or lascivious act.
C.
Makes a telephone call, whether or not conversation
ensues, without disclosing his or her identity and with intent to
abuse or threaten any person at the called number.
D.
Makes or causes the telephone of another repeatedly
to ring; makes repeated telephone calls, whether or not conversation
ensues; makes a telephone call or calls, whether or not conversation
ensues, without disclosing his or her identity; or knowingly permits
any telephone under his or her control to be used to frighten, intimidate,
threaten, abuse, harass or offend another person.
E.
Sends one or more messages to any person on an electronic
mail or other computerized communication system with intent solely
to harass another person, while intentionally preventing or attempting
to prevent disclosure of his or her identity, or knowingly permitting
or directing another person to send a message prohibited in any subsection
of this section from any computer terminal or other device that is
used to send messages on an electronic mail or other computerized
communication system that is under his or her control.
As used in this chapter, the following terms
shall have the meaning indicated:
Deserted, surrendered or ceded.
A solid waste disposal operation that combines a fixed wall
open pit and mechanical air supply which uses an excess of oxygen
and turbulence to accomplish the smokeless combustion of clean wood
wastes and similar combustible materials.
Around or surrounding.
Chrysotile, crocidolite, amosite, fibrous tremolite, fibrous
actinolite or fibrous anthophyllite.
Every description of watercraft used or capable of being
used as a means of transportation on water, except a seaplane on the
water and a fishing raft.
Conduct in a public or private place that is violent, abusive,
indecent, profane, boisterous, unreasonably loud or otherwise disorderly
under circumstances in which the conduct leads to cause or provoke
a disturbance.
As defined in § 961.571, Wis. Stats.[2]
A weapon that acts by force of gunpowder.
A person employed by the State of Wisconsin or any municipality
as a member or officer of a fire department or member of a volunteer
fire department, including the State Fire Marshal and deputies and
members of any rescue squad.
As defined in § 167.10(1), Wis. Stats.[3]
A processing facility designed and operated for controlled
burning of wastes primarily to achieve volume and weight reduction
or to change waste characteristics. Facilities which use waste as
a supplemental fuel where less than 30% of the heat input to the facility
is derived from such supplemental fuel are not classified as incinerators.
All or part of the process involved in the mining of metallic
minerals, other than for exploration or prospecting, including commercial
extraction, agglomeration, beneficiation, construction of roads, removal
of overburden and the production of refuse.
The act or the science or the business of traversing the
sea or other navigable waters in boats or vessels.
Operations or activities for the extraction from the earth
for sale or use by the operator of mineral aggregates such as stone,
sand and gravel and nonmetallic minerals such as asbestos, beryl,
clay, feldspar, peat and talc, related operations or activities such
as excavation, grading or dredging if the purpose of those operations
or activities is the extraction of mineral aggregates and nonmetallic
minerals, and related processes such as crushing, screening, scalping,
dewatering and blending.
A writing, picture, sound recording or film which:
The average person, applying contemporary community
standards, would find appeals to the prudent interest if taken as
a whole;
Under contemporary community standards, describes
or shows sexual conduct in a patently offensive way; and
Lacks serious literary, artistic, political,
educational or scientific value, if taken as a whole.
Combustion in which the by-products thereof are emitted directly
into the ambient air without passing through a stack or chimney. "Open
burn" does not include the combustion occurring at a properly operated
air curtain destructor or incinerator.
Any conduct or behavior relating to sexual activities of
the complaining witness, including but not limited to prior experience
or sexual intercourse or sexual contact, use of contraceptives, living
arrangement and lifestyle.
That speed at which a boat moves as slowly as possible while
still maintaining steerage control.
Every description of watercraft used or capable of being
used as a means of transportation on water, except a seaplane on the
water and a fishing raft.
Any device used and designed for navigation on water.
A.
Every person concerned in the commission of an act
prohibited by this chapter is a principal and may be charged with
and convicted of the commission of said act although he did not directly
commit it and although the person who directly committed it has not
been convicted of some other act prohibited by this chapter.
B.
A person is concerned in the commission of an act
prohibited by this chapter if he directly commits the act or intentionally
aids and abets the commission of it, is a part to a conspiracy with
another to commit it or advises, hires, counsels or otherwise procures
another to commit it. Such party is also concerned in the commission
of any other act which is committed in pursuance of the intended violation
or which, under the circumstances, is a natural and probable consequence
of the intended violation. This subsection does not apply to a person
who voluntarily changes his mind and no longer desires that the act
be committed and notifies the other parties concerned of his withdrawal
within a reasonable time before the commission of the violation so
as to allow the others to withdraw.
C.
Unless another penalty is expressly provided by any particular provision of this chapter, any person violating any provision of this chapter or any provision of any statute or code adopted by reference by this chapter shall, upon conviction, be subject to a forfeiture as provided in Chapter 1, § 1-4 and Chapter 20, Citations, of this Code.[1]
D.
Each act of violation and every day upon which a violation
occurs or continues to exist constitutes a separate offense.
E.
Amendments. In case of any amendment or addition to
any ordinance in the Town of Fulton, the penalty provided for the
violation of such ordinance shall also relate to the amendment or
addition, whether reenacted in the amendatory ordinance or not, unless
such penalty is specifically repealed or amended therein.
F.
The failure of any officer or employee of the Town
to perform any official duty imposed by this chapter shall not subject
such officer or employee to the penalty imposed for the violation
of the chapter, unless the penalty is specifically provided.
G.
The application of the above penalty shall not prevent
the enforced removal of prohibited conditions and obtaining injunctive
relief.
