Town of Fulton, WI Chapter 344 Public Buildings and Land

[HISTORY: Adopted by the Town Board of the Town of Fulton 9-12-1996 as Ch. 3, Part B of the 1996 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Records and property — See Ch. 120.

§ 344-1 Authority.

The Town Board of the Town of Fulton has the specific authority, powers and duties pursuant to §§ 60.10, 60.22 and 101.13, Wis. Stats., and specific statutory authority, powers and duties with authorization of the Town Meeting, to purchase, lease, construct and dispose of buildings and property for the Town of Fulton and to manage and direct certain affairs related to Town of Fulton buildings and Town of Fulton lands.

§ 344-2 Handicap access.

A. New building. The Town Board of the Town of Fulton shall design and construct any new Town of Fulton public buildings to allow physically disabled persons reasonable means of access, including access from parking lots, if any, ancillary to the public building.

B. Remodeling. The Town Board of the Town of Fulton shall meet the minimum regulations of the State of Wisconsin Department of Commerce and § 101.13, Wis. Stats., for remodeling of Town of Fulton public buildings to ensure the access to and use of the public buildings by physically disabled persons. Any Town of Fulton public buildings that are remodeled, unless excepted by rules of the State of Wisconsin Department of Commerce or by § 101.13, Wis. Stats., shall be designed and constructed so as to provide reasonable means of access for physically disabled persons and shall comply with the Americans with Disabilities Act (ADA).

§ 344-3 General access.

A. Authority for public access. The Town Board of the Town of Fulton has the authority to establish dates and times for public access to the public buildings and public lands owned or leased by the Town of Fulton. In addition, the Town Board of the Town of Fulton has the authority to place additional restrictions on the use of the public buildings and public lands owned or leased by the Town of Fulton.

B. Town Hall. The Town Hall of the Town of Fulton shall be open to the public at the following times and dates unless written notice to the contrary is posted at the usual and customary locations in the Town of Fulton: meetings of the Town Board, its committees and commissions and elections. The Town Hall shall be open to the public at other times with the approval of the Town Board of the Town of Fulton. No person shall enter the Town Hall of the Town of Fulton, except as noted above, unless authorized by the Town Board of the Town of Fulton. Any person who violates the above-noted provision shall immediately leave the Town Hall of the Town of Fulton.[1]

[1] Editor's Note: Original § 3c, Town office, which immediately followed this subsection, was deleted 11-13-2007.

§ 344-4 Animals.

The Town Board of the Town of Fulton does not permit access to or use of any Town of Fulton public buildings and Town of Fulton public lands by any cat, dog or other domestic animal except as follows:

A. Seeing Eye dog or other animal used to assist the visually handicapped.

B. A dog, cat or other domestic animal within a motor vehicle where the animal is in the motor vehicle by consent of the owner of the motor vehicle.

C. A dog, cat or other domestic animal is permitted and authorized by the Town Board of the Town of Fulton as an authorized animal of a fair, circus or other social event that has been authorized to be held on land owned or leased by the Town Board of the Town of Fulton.

§ 344-5 Alcohol and drugs.

A. The Town Board of the Town of Fulton does not permit access to or use of Town of Fulton public buildings and Town of Fulton public lands by any person who is intoxicated or impaired due to the use of alcohol or drugs. Any person so intoxicated or impaired shall leave the Town of Fulton public building, public land or office. No formal request to leave by any Town of Fulton law enforcement officer or any other law enforcement officer shall be required for violation of this provision to occur. Any person who fails to leave immediately any Town of Fulton public building and public land after formal request by the Town of Fulton Town Chief of Police or other law enforcement officer shall be immediately arrested by the Town of Fulton law enforcement officer or any other law enforcement officer and shall be immediately removed from the Town of Fulton public building, Town of Fulton public land or Town of Fulton office.

B. The Town Board of the Town of Fulton does not permit use or possession, by any person, of any alcohol beverages or controlled substance drug in or on the premises of any Town of Fulton public building or Town of Fulton public land.

§ 344-6 Littering and waste disposal.

A. The Town Board of the Town of Fulton does not permit the disposal or discharge of any litter, solid waste, hazardous waste, garbage or any other refuse in any Town of Fulton public building and on the premises of any Town of Fulton public land except in disposal containers authorized by the Town Board of the Town of Fulton or except with a permit issued by the Town Board of the Town of Fulton.

B. No person shall dispose or discharge the above-noted waste in violation of this provision. Any person violating this provision shall immediately and totally reclaim and remove the disposed or discharged waste from the Town of Fulton public building and the Town of Fulton public lands. No formal request to reclaim and remove the above-noted waste by any Town of Fulton law enforcement officer or any other law enforcement officer shall be required to violate this provision. Any person who fails to reclaim and remove the above-noted waste immediately from any Town of Fulton public building and Town of Fulton public land after formal request to reclaim and remove by a Town of Fulton law enforcement officer or any other law enforcement officer shall be immediately arrested and removed from the Town of Fulton public building and Town of Fulton public land.

§ 344-7 Disorderly conduct.

A. The Town Board of the Town of Fulton does not permit disorderly conduct in any public building and on any public land or contemptuous behavior or insolent behavior to any Town of Fulton official, employee or agent in any Town of Fulton public building and on any Town of Fulton public land when the officer, employee or agent is on duty or working for the Town of Fulton.

B. No person shall commit or cause disorderly conduct to the public or commit or cause contemptuous behavior or insolent behavior to a Town of Fulton official, employee or agent in a Town of Fulton public building and on any Town of Fulton public land when the officer, employee or agent is on duty or working for the Town of Fulton. Loitering in a Town of Fulton public building and on any Town of Fulton public land or office, including Town roads, after being formally requested to leave the Town of Fulton public building and Town of Fulton public land by the chief presiding officer of any public meeting or by a Town of Fulton law enforcement officer or other law enforcement officer shall be considered disorderly conduct under this provision. Any person who continues to violate this provision after formal request to cease the disorderly conduct or to cease the contemptuous or insolent behavior by the Town of Fulton law enforcement officer or any other law enforcement officer shall be arrested and removed from the Town of Fulton public building and Town of Fulton public land.

§ 344-8 Hours and days of operation.

The following will be the normal hours and days the following public buildings and public facilities will be open to the general public:

A. Town Hall: as posted.

B. Town office: as posted.

§ 344-9 Definitions. [1]

As used in this chapter, the following terms shall have the meaning indicated:

DISORDERLY CONDUCT

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.

INSOLENT BEHAVIOR

Insulting, abusive or offensive behavior.

LOITER

To linger, stand around, move slowly about, remain or spend time idly in a public building, public land, in a public facility or any public place.

PHYSICALLY DISABLED PERSON

A person who requires an assistant device for mobility, including but not limited to a wheelchair, brace, crutch or artificial limb.

PUBLIC FACILITY

An arena, coliseum, related exposition facility or center for the performing or visual arts.

[1] Editor's Note: See also Ch. 1, § 1-6.

§ 344-10 Use of public walkways.

[Added 3-11-2008]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

PUBLIC WALKWAY

A parcel or strip of land, owned by the Town varying in length and width, located between and adjoining to privately held property, one end of which is located at the shoreline of a navigable body of water within the Township of Fulton. Such parcel or strip of land permits foot traffic over said parcel or strip of land to a navigable body of water, but does not include any such parcel or strip of land which permits or is developed for the purpose of allowing vehicular traffic to the shoreline of a navigable body of water for the purpose of launching watercraft or other such similar uses.

B. Limitations on use.

(1) Landowners adjoining public walkways may but are not required to maintain or improve a walkway, provided that any maintenance or improvements do not restrict the public from enjoying a permitted use of the walkway.

(2) Public walkways may be utilized by the public during the hours of 7:00 a.m. to 10:00 p.m., Sunday through Saturday.

(3) Public walkways may not be utilized to transport watercraft to a navigable waterway, except nonmotorized watercraft transported by individuals without a trailer. Furthermore, use of walkways by any motorized vehicle is prohibited.

(4) Any and all construction of piers, boat lifts or other such physical improvements or obstacles along or at the shoreline edge of a public walkway is prohibited. Repair, maintenance or replacement of existing piers is also prohibited.

(5) Disposal of refuse or any other such waste material on public walkways is prohibited.

(6) Consumption of alcoholic beverages on public walkways is prohibited.

(7) Fires on public walkways are prohibited.

(8) Discharge of firearms or fireworks on public walkways is prohibited.

(9) Behavior constituting disorderly conduct, including, but not limited to, producing sound levels that are disruptive to nearby properties is prohibited.

C. Maintenance of public walkways. This section does not create any obligation on behalf of the Town to improve or otherwise maintain any such public walkway.

D. Penalty. Any person violating any provision of this section shall, upon conviction, be subject to a forfeiture in the amount set forth on the schedule located in the office of the Town Clerk/Treasurer and the cost of prosecution. In default of payment of forfeiture and costs, such persons may be imprisoned in the county jail until such forfeiture and costs of prosecution are paid, but not to exceed 90 days. Each act of violation and every day upon which a violation occurs or continues to exist constitutes a separate offense.