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Town of Fulton, WI
Rock County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Fulton 9-12-1996 as Ch. 1, Parts A and H of the 1996 Code. Amendments noted where applicable.]
A. 
The Town Board of the Town of Fulton has the specific authority, powers and duties, pursuant to §§ 60.10, 60.20, 60.22 and 60.23, Wis. Stats., and has, with authorization of the Town Meeting, additional statutory authority, powers and duties to manage and direct certain affairs of the Town of Fulton. In addition, the Town Board of the Town of Fulton has additional general and specific statutory authority, powers and duties established beyond Ch. 60, Wis. Stats.
B. 
In addition, the Town Board of the Town of Fulton has powers available to it under the Town Parity Act, 1993 Act 246.[1]
[1]
Editor's Note: See Ch. A430, Town Parity Act.
The Town Board of the Town of Fulton has, by adoption of this chapter, confirmed the specific statutory authority, powers and duties of the Town Board of the Town of Fulton established in Ch. 60, Wis. Stats., and has established, pursuant to the above-noted chapter and this chapter, other statutory authority, powers and duties of the Town Board of the Town of Fulton to manage and direct the affairs of the Town of Fulton.[1]
[1]
Editor's Note: Original § 2A, Statutory references, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See Ch. 1, General Provisions, § 1-1A.
A. 
The Town Board of the Town of Fulton may, pursuant to § 60.21, Wis. Stats., consist of up to five members and, in a county containing only one town, up to seven members. In a town of 2,500 or more, the Town Meeting may direct five members to be elected at large.
B. 
Until changed, the Town Board of the Town of Fulton shall consist of three members. The Town Board shall be designated the "Town Board of the Town of Fulton."
A legal quorum of the Town Board of the Town of Fulton is a majority of the members of the Town Board of the Town of Fulton. The current Town Board consists of three members of which two members shall be a legal quorum when they are in attendance at any duly called and any duly authorized public meeting of the Town Board of the Town of Fulton.
A meeting of the Town Board of the Town of Fulton may be held within the Town of Fulton or in any town, city or village within or adjoining the Town of Fulton, subject to the open meeting provisions of Subchapter V of Ch. 19, Wis. Stats.
The Town Board of the Town of Fulton has the below-noted specific powers and specific duties that are established in §§ 60.22 and 60.23, Wis. Stats. These powers and duties are:
A. 
Village powers. The Town Board of the Town of Fulton shall exercise powers relating to villages and conferred under Ch. 61, Wis. Stats., except those powers which conflict with statutes relating to towns and town boards.
B. 
Charge of Town officers. The Town Board of the Town of Fulton has charge of all affairs of the Town of Fulton not committed by law to another body or officer or to a Town employee of the Town of Fulton.
C. 
Chief of Police. The Town Board of the Town of Fulton shall determine the jurisdiction and duties of the Town Chief of Police. The Town Board may also require the Town Chief of Police to complete training under § 165.85(4m), Wis. Stats.
D. 
Charge of actions. The Town Board of the Town of Fulton has charge of any action or legal proceeding to which the Town of Fulton is a party.
E. 
Pursue claims of Town. The Town Board of the Town of Fulton shall demand payment of penalties and forfeitures recoverable by the Town of Fulton and damages incurred by the Town of Fulton due to breach of any official bond, any injury to property or other injury. If, following demand by the Town Board of the Town of Fulton, payment is then not made, the Town Board of the Town of Fulton shall pursue appropriate legal action to recover the appropriate penalty, forfeiture or damages.
F. 
Joint participation agreements. The Town Board of the Town of Fulton may cooperate with state, county or other units of government in Wisconsin pursuant to § 66.0301, Wis. Stats., including cooperative arrangements involving the acquisition, development, remodeling, construction, equipping, operation and maintenance of land, building and facilities for regional projects whether or not located in the Town of Fulton.
(1) 
The Town of Fulton maintains the following joint cooperative arrangements:
(a) 
Edgerton Fire Protection District Commission.
(b) 
Consolidated Koshkonong Sanitary District.
(c) 
Rock River Safety Patrol.
(2) 
The Town of Fulton does not herein express an opinion as to whether or not any or all of these entities are legally constituted and functioning; the purpose of this section is to declare that the Town of Fulton has in the past had a relationship with these entities.
G. 
Utility districts in Town. The Town Board of the Town of Fulton may establish utility districts pursuant to § 66.0827, Wis. Stats., and may provide that any convenience or public improvement in the district be paid for under that section.
H. 
Appropriation for civic and other functions. The Town Board of the Town of Fulton may, if authorized by the Town Meeting under § 60.10(3)(b), Wis. Stats., appropriate reasonable amounts of money for gifts or donations for those purposes specified in § 60.23(3), Wis. Stats.
I. 
Town industrial development agency. The Town Board of the Town of Fulton, in order to promote and develop the resources in the Town of Fulton, may appropriate money for and create a Town industrial development agency or appoint an executive officer and provide staff and facilities for a nonprofit organization organized to act under this subsection. A Town of Fulton industrial development agency created under this subsection may:
(1) 
Develop data regarding the industrial needs of, advantages of and sites in the Town of Fulton.
(2) 
Engage in promotional activities to acquaint prospective purchasers with industrial products manufactured in the Town of Fulton.
(3) 
Coordinate its activities with the County Planning Commission, the Department of Commerce and private credit development organizations.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
Engage in any other activity necessary for the continued improvement of the industrial climate of the Town of Fulton.
J. 
Cooperation in county planning. The Town Board of the Town of Fulton may cooperate with the county in rural planning under § 27.019, Wis. Stats., § 59.54(4) and (4m), Wis. Stats., and § 59.69, Wis. Stats.
K. 
Conservation of natural resources. The Town Board of the Town of Fulton may, if authorized by the Town Meeting under § 60.10(3)(a), Wis. Stats., appropriate money for the conservation of natural resources or for payment to a bona fide nonprofit organization for the conservation of natural resources within the Town of Fulton or beneficial to the Town of Fulton. No payment may be made to a nonprofit organization unless the organization submits and the Town Board of the Town of Fulton approves a detailed plan of work to be done. The plan shall include the name of the owner of any property on which work is to be performed.
L. 
Obstruction in nonnavigable waters. The Town Board of the Town of Fulton may remove, at the expense of the Town of Fulton, any obstruction located in the Town of Fulton which prevents the natural flow of water in a nonnavigable stream. One or more Town Board Supervisors, or a designee of the Town Board of the Town of Fulton, may enter upon any land if necessary to remove the obstruction. Included in the definition of "obstruction" are man-made or natural obstructions to culverts which prevent the flow of water through such culverts.
M. 
Emergency pest and disease control. The Town Board of the Town of Fulton may appropriate money for the control of insects, weeds or plant or animal disease if:
(1) 
An emergency arises within the Town of Fulton due to insects, weeds or plant or animal diseases; and
(2) 
The Town Board of the Town of Fulton determines that any delay resulting from calling a Special Town Meeting to authorize the Town Board of the Town of Fulton to appropriate money for this purpose under § 60.10(3)(c), Wis. Stats., would result in serious harm to the general welfare of the Town of Fulton.
N. 
Bowling alleys, pool tables and amusement devices. The Town Board of the Town of Fulton may regulate, including the licensing of, bowling alleys, billiard and pool tables and other amusement devices maintained in commercial facilities. If a license is required, the Town Board of the Town of Fulton shall establish the term of the license, not to exceed one year, and the license fee. The Town Board of the Town of Fulton may suspend or revoke, for cause, a license issued under this subsection. Any person violating a regulation adopted under this subsection shall forfeit to the Town of Fulton an amount established by the Town Board of the Town of Fulton.
O. 
Exchange tax credit for county land. The Town Board of the Town of Fulton may authorize the Town Treasurer of the Town of Fulton to exchange any credit the Town of Fulton has with the county, arising from delinquent real estate taxes, for county-owned land.
P. 
Associations of towns. The Town Board of the Town of Fulton may appropriate money to purchase membership in any association of town boards for the protection of town interests and improvement of town government.
Q. 
Vacation of road, street, slip, pier, lane or alley. The Town Board of the Town of Fulton may discontinue the whole or any part of any road, street, slip, pier, lane or alley as provided for in § 66.1003.
R. 
Change of street names. The Town Board of the Town of Fulton may, by ordinance, name or change the name of any street in the Town of Fulton under § 82.03(7), Wis. Stats.
S. 
Use of firearms. The Town Board of the Town of Fulton may regulate the careless use of firearms and impose forfeitures for violation of the regulations.
T. 
Fences in subdivisions. The Town Board of the Town of Fulton may, if authorized under § 60.10(2)(c), Wis. Stats., to exercise village powers, by ordinance require a subdivider to construct a fence under § 90.02, Wis. Stats., as a condition of plat approval by the Town of Fulton. The fence shall be maintained under § 90.05(2), Wis. Stats., and required under §§ 90.10 and 90.11, Wis. Stats.
U. 
Disposition of dead animals. The Town Board of the Town of Fulton may, notwithstanding § 59.54(21), Wis. Stats., and § 95.50(3), Wis. Stats., dispose of any dead animal within the Town of Fulton or contract for the removal and disposition with any private disposal facility.
Nothing contained in this chapter is intended to impair the authority of the Town Board to act pursuant to other ordinances and codes of ordinances that may now exist or exist in the future. The various powers of the Town Board enumerated in this chapter are not intended to be all inclusive.
A. 
Regular meeting of Town Board. The regular meeting of the Town Board of the Town of Fulton will be held at the Town Hall located at the unincorporated Village of Indianford at such time and date as may be designated by the Town Board. Any regular meeting of the Town Board of the Town of Fulton falling upon a legal holiday shall be held on the day designated by the Town Board of the Town of Fulton. Any meeting of the Town Board of the Town of Fulton, including any special or adjourned meeting, that is not held at the Town Hall but at any other substitute location shall be designated by the Town Chair of the Town of Fulton or his or her designee, in compliance with the Open Meeting Law,[1] by posting a proper written notice of the substituted location at the three usual and customary posting locations likely to give notice. This notice shall occur at least 24 hours prior to the meeting of the Town Board of the Town of Fulton, unless in an emergency wherein the proper notice posting shall occur at least two hours prior to the meeting of the Town Board of the Town of Fulton.
[1]
Editor's Note: See §§ 19.81 to 19.98, Wis. Stats.
B. 
Special meeting of the Town Board. Any special meeting of the Town Board of the Town of Fulton may be called by any two members of the Town Board of the Town of Fulton in writing with the written call for the special meeting of the Town Board of the Town of Fulton filed with the Town Clerk/Treasurer of the Town of Fulton at least 24 hours prior to the proposed special meeting of the Town Board of the Town of Fulton with the time specified in the written call for the special meeting. No special meeting of the Town Board of the Town of Fulton shall be held unless the notice requirements of the State Open Meeting Law, pursuant to § 19.84, Wis. Stats, have been complied with by the person or persons requesting the public meeting. The Town Clerk/Treasurer of the Town of Fulton, upon receipt of the written call for the special meeting of the Town Board of the Town of Fulton, shall immediately notify, in writing, each member of the Town Board of the Town of Fulton by delivering the written notice or by having the written notice delivered personally to each member of the Town Board of the Town of Fulton. If any member of the Town Board of the Town of Fulton cannot be personally notified in writing, then the Town Clerk/Treasurer of the Town of Fulton shall deliver or have delivered a copy of the written notice at the home of any such member of the Town Board of the Town of Fulton in the presence of an adult member of the family of the Town Board member. If any member of the Town Board of the Town of Fulton cannot be noticed in writing through an adult family member as noted above, then the Town Clerk/Treasurer of the Town of Fulton shall post such special meeting written notice in the above-noted three usual and customary locations.
(1) 
The Town Clerk/Treasurer of the Town of Fulton shall file proof of service of such special meeting notice by filing an affidavit noting the time, place and location of authorized service of the special meeting notice upon the Town Board of the Town of Fulton.
(2) 
If personal service upon any member of the Town Board of the Town of Fulton was not completed, then the Town Clerk/Treasurer of the Town of Fulton shall so state in the affidavit the type of service or written notice completed.
(3) 
Special meetings of the Town Board of the Town of Fulton may be held without such service and notice when all members of the Town Board of the Town of Fulton are present in person or consent in writing to holding of any special meeting of the Town Board of the Town of Fulton. Any consent by any member of the Town Board of the Town of shall be filed by the Town Clerk/Treasurer of the Town of prior to the beginning of any special meeting of the Town Board of the Town of Fulton.
(4) 
Special meetings of the Town Board of the Town of Fulton attended by a quorum of the members shall be considered a regular meeting of the Town Board of the Town of Fulton for the transaction of any Town of Fulton business that may come before the Town Board of the Town of Fulton if such regular Town business was so noted in the written notice to the public as required by the State Open Meeting Law, § 19.84, Wis. Stats.
C. 
Adjourned meeting of the Town Board. The Town Board of the Town of Fulton may, by majority vote, adjourn any special meeting of the Town Board of the Town of Fulton from time to time to a specific date and hour. The adjournment to the specific time and place will be in compliance with the Open Meeting Law.
D. 
Order and conduct at Town Board meeting. A majority of the Town Board of the Town of Fulton may place any properly noticed and lawful matter, if in compliance with the Open Meeting Law, on the regular business order agenda before the Town Board of the Town of Fulton at any regular or special Town Board meeting.
(1) 
The regular business order agenda for the Town of Fulton shall be as is now customarily used and as may be revised by the Town of Fulton and/or the Town of Fulton Clerk/Treasurer from time to time. Such agenda shall fairly inform the public and press of the business to be conducted by the Town of Fulton. Such agenda may include an agenda item inviting comments and suggestions from residents of the Town of Fulton and other persons present, commonly known as "citizens' input." The agenda may also contain an agenda item to the effect of "such other and further business as may lawfully come before the Town Board," provided that such agenda item is not used to mislead the public and press as to matters that will be heard, considered, or acted upon by the Town Board.
(2) 
At the meeting of the Town Board of the Town of Fulton any member of the Town Board of the Town of Fulton may take up any business on the agenda in any other order unless there is objection by any other member of the Town Board of the Town of Fulton.
E. 
Quorum at roll call of meeting. If no legal quorum is present at the time of the initial roll call, the meeting of the Town Board of the Town of Fulton shall be thereon adjourned by the members of the Town Board of the Town present to a specific date and hour.
F. 
Absence of Town Clerk/Treasurer at meeting. If the Town Clerk/Treasurer of the Town of Fulton is not present at the time of the initial roll call of the meeting of the Town Board of the Town of Fulton, the Town Chair shall appoint any other person present at the meeting of the Town of Fulton to be the Town Clerk Pro Tem. The Town Clerk Pro Tem shall prepare and maintain minutes of the meeting of the Town Board of the Town of Fulton.
G. 
Absence of Town Chair at call to order of meeting.
(1) 
The presiding officer at the meeting of the Town Board of the Town of Fulton will be the Town Chair. If the Town Chair is not present at the time for the call to order, the senior member of the Town Board of the Town of Fulton present, known as "Supervisor 1," based on date of original election as a member of the Town Board of the Town of Fulton, shall call the meeting of the Town Board of the Town of Fulton to order, call the initial roll call and shall preside as Town Chair until the Town Chair of the Town of Fulton is able to preside at the meeting of the Town Board of the Town of Fulton.
(2) 
If the Town Chair of the Town Board of the Town of Fulton will not be able to, at any time, preside at the meeting, the Town Board of the Town of Fulton shall make this determination after the initial roll call and then by motion elect an acting Town Chair for the meeting of the Town Board of the Town of Fulton until the Town Chair of the Town of Fulton is able to preside at the meeting.
H. 
Vacation of Town Chair or presiding officer at meeting.
(1) 
If the Town Chair of the Town of Fulton or any other presiding officer of the Town Board of the Town of Fulton desires to speak on any question or to make any motion, the Town Chair or the presiding officer may speak or make a motion without vacating the chair or without designating a member of the Town Board of the Town of Fulton to preside at the meeting as Town Chair Pro Tem.
(2) 
It shall be within the discretion of the Town Chair to vacate the Chair and designate a member of the Town Board to preside at the meeting either to the conclusion of a particular matter under consideration or for the remainder of the meeting should the Town Chair reasonably conclude that he or she has a conflict of interest in the matter or matters under discussion or if he or she concludes that there would be an appearance of a conflict of interest should the Chair not be so vacated. In the event of vacation of the Chair, the Town Chair shall designate a member of the Town Board to preside as Town Chair Pro Tem.
I. 
Meeting in the public. Any business of any meeting of the Town Board of the Town of Fulton shall be in open session and accessible to the public, as provided by Wisconsin law.
J. 
Audit of accounts. The Town Board of the Town of Fulton shall at its meeting be presented by the Town Clerk/Treasurer with the accounts of the Town of Fulton for auditing by the Town Board.
K. 
Receipts of funds. Any officer, employee or agent of the Town of Fulton in possession of funds or receipts or earnings of the Town of Fulton shall deposit any such funds, receipts or earnings with the Town Clerk/Treasurer on at least a weekly basis unless approved otherwise by the Town Board of the Town of Fulton.
L. 
Specific rules of conduct at Town Board meeting.
(1) 
Robert's Rules of Order. Unless other rules of conduct are specifically adopted and codified by ordinance by the Town Board of the Town of Fulton, the Town Board and the meetings of the Town Board of the Town of Fulton shall be governed by Robert's Rules of Order.
(2) 
Speaking before Town Board. At a meeting of the Town Board of the Town of Fulton no person, other than the members of this Board, shall address the Town Board or any member of the Town Board. This provision shall not apply to the Town Clerk/Treasurer, the Town Chief of Police or any member of the Town Board. This provision shall also not apply under the specific orders of business established to recognize residents of the Town or other persons, under the specific order of business to recognize members of any Town office, Town committee, Town agency, Town commission or a special board or other Town officers, or except if the person has specifically requested from a member of this Board the right to address the Town Board and then only after the approval of either the presiding officer or the Town Board through an affirmative vote by the Town Board.
(3) 
Excused voting.
(a) 
For voting upon orders, motions, resolutions, ordinances, action items, business items or any other questions, all individual members of the Town Board present at the meeting shall vote when that individual Town Board member's name is called, unless for special cause a Town Board member has been excused prior to the vote by an affirmative roll call vote of the remaining members. However, no member of the Town Board shall be excused from voting after the actual voting has commenced.
(b) 
The Town Board of the Town of Fulton may establish its own rules regarding when and if members are not to be voting because of any special cause or causes or conflict of interest.
(c) 
Any member of the Town Board of the Town of Fulton voting in the majority on any matter may move for reconsideration of the vote at the meeting or at a succeeding regular meeting where the topic is an agenda item. A motion to reconsider being proposed and then defeated shall not be renewed.
(4) 
Change of vote. No member of the Town Board of the Town of Fulton may change his or her vote on any action item, business item, motion or question after the final result has been announced by the Town Clerk/Treasurer.
M. 
Appointment of committees. The Town Board of the Town of Fulton shall, at its first meeting following the Annual Town Meeting, or, if the established agenda does not permit, at the second meeting, appoint or reappoint persons to the following special offices of the Town Board of the Town of Fulton, namely:
(1) 
Public depository.
(2) 
Chief of Police.
(3) 
Assessor.
(4) 
Building Inspector.
(5) 
Town Attorney.
(6) 
Official newspaper.
N. 
Suspension of rules. These rules or any part of these rules or any other rules of the Town Board of the Town of Fulton may be temporarily suspended at any meeting of the Town Board, including any special meeting of the Town Board, in connection with any matter under consideration by the Town Board of the Town of Fulton. Any rule may be suspended by a recorded affirmative roll call vote of 2/3 or more of the members of the Town Board of the Town of Fulton present at the meeting of the Town Board of the Town of Fulton.
O. 
Amendment of rules. These rules or any part of these rules or any other rules of the Town Board of the Town of Fulton may be altered or amended at any meeting of the Town Board of the Town of Fulton, including any special meeting of the Town Board of the Town of Fulton. Any rules may be altered or amended by a recorded affirmative roll call vote of 2/3 or more of the members of the Town Board of the Town of Fulton present at the meeting of the Town Board of the Town of Fulton.
The Town Meeting of the Town of Fulton previously authorized, by adoption of a resolution, that the Town Board of the Town of Fulton had and has the specific authority, powers and duties noted above in Chs. 60 and 61, Wis. Stats., and has established pursuant to these chapters and this Code the powers and duties of the Town Board of the Town of Fulton to exercise village board powers pursuant to §§ 60.22 and 61.34, Wis. Stats., and subject to the conditions established in § 60.22, Wis. Stats.
Nothing contained in this chapter shall be deemed an election by the Town Board of the Town of Fulton not to adopt any provision of the Town Parity Act, 1993 Act 246. In the event there is a conflict between any Wisconsin statute granting authority to a town to act using village powers and the authority of the Town to act under the powers granted by the Town Parity Act, such conflict will be resolved by the use of the Wisconsin law which affords the Town the greatest power to act with regard to a particular matter.
[1]
Editor's Note: See also Ch. A430, Town Parity Act.
As used in this chapter, the following terms shall have the meaning indicated:
AMUSEMENT DEVICES
Devices provided for recreational and amusement activities, specifically bowling alleys, billiards, pool tables, video games, jukeboxes and other similar devices.
DELINQUENT (TAXES)
Taxes overdue and unpaid to the proper municipality
FIREARM
A weapon that acts by force of gunpowder.
HOLIDAY
The days designated by law and the Town of Fulton Board as exempt from judicial proceedings, service of process or demand and protest of commercial papers.
OPEN SESSION
A meeting which is held in a place reasonably accessible to members of the public and open to all persons at all times. In the case of a state governmental body, it means a meeting which is held in a building and room thereof which enables access by persons with functional limitations, as defined in § 101.13(1), Wis. Stats.
PRO TEM/PRO TEMPORE
Temporary. In connection with offices "pro tem" means temporary appointment.
PUBLIC DEPOSITORY
A federal or state credit union, federal or state savings and loan association, state bank, savings and trust company, mutual savings bank, or national bank in this state which receives or holds any public deposits or the local government pooled investment fund.
QUORUM
A majority of the number of members of a public body fixed by law or ordinance.
ROBERT'S RULES OF ORDER
A book published which establishes formal parliamentary procedures for meetings.
STATE OPEN MEETING LAW
The state statutes and interpretation by the court of those statutes found in Ch. 19, Wis. Stats.
[1]
Editor's Note: See also Ch. 1, § 1-6.