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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. 11 of the 1996 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 170.
Mass public assemblies — See Ch. 177.
Fire prevention — See Ch. 230.
Health and sanitation — See Ch. 248.
Junkyards — See Ch. 272.
Peace and good order — See Ch. 334.
Solid waste — See Ch. 370.
The Town Board of the Town of Fulton has the specific statutory authority, powers and duties, pursuant to § 66.0415, Wis. Stats., and Chs. 146, 254, 281 and 823, Wis. Stats., 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 cause a public nuisance 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, regulations, controls and enforcement against certain uses, activities, businesses and operations by persons that may cause a public nuisance in the Town of Fulton.
[Amended 10-9-1997]
No person shall cause, allow or permit any person to create any public nuisance areas on the premises owned, leased or controlled by that person in the Town of Fulton.
A. 
Public health nuisances. The following are specifically declared by the Town of Fulton to be public health nuisances. This declaration should not be construed to exclude other public nuisances affecting public health in the Town of Fulton.
(1) 
A rat harborage area where rats or other vermin can live and breed.
(2) 
A waste accumulation area where waste amounts in excess of a normal and reasonable one-week accumulation are allowed to accumulate without a proper waste management permit issued by the Town Board of the Town of Fulton.
(3) 
An unburied animal carcass area where a dead animal or dead animals are not buried in a sanitary manner within 12 hours of death.
(4) 
A stagnant water area where mosquitoes, flies and other insects are allowed harborage.
(5) 
A noxious weed area where these noxious weeds are allowed to exceed one foot.
(6) 
A noxious odor area where emissions of any noxious odors, foul odors, offensive odors, noisome odors, nauseous odors, gases or stenches repulsive to the senses of ordinary persons are allowed to continue to the substantial annoyance or substantial discomfort of persons or are allowed to cause injury to persons or property in the Town of Fulton.
(7) 
A well pollution area where pollution from the premises entering the groundwater has caused a private or public drinking water well on another property to become contaminated.
(8) 
A surface water pollution area where pollution from the premises entering the surface water has caused a private or public drinking water well on another property or any river, stream, lake, ditch, canal or other body of water to become contaminated.
(9) 
An air pollution area where emissions of smoke, soot, fumes, gases, ash, dust or other pollutants into the atmosphere repulsive to the senses of ordinary persons are allowed to continue to the substantial annoyance or substantial discomfort of persons or are allowed to cause injury to persons or property in the Town of Fulton.
(10) 
A human burial area where a human body or bodies are buried in the Town of Fulton outside of an established cemetery.
(11) 
An unwholesome food area where unwholesome, contaminated or polluted food or drink is sold or served on the premises to persons in the Town of Fulton.
(12) 
A dangerous building area where the building, structure, or place or the electrical, heat or water supply is in a condition and location to cause a menace or danger to the public health of persons in the Town of Fulton.
(13) 
An improper sewage area where the effluent from the sewer, septic tank, holding tank or cesspool on the premises is in a condition and location to cause a menace or danger to public health of persons in the Town of Fulton.
(14) 
A hazardous waste area where the discharge, disposal, storage or treatment of hazardous, nuclear or toxic waste is allowed to continue to the substantial annoyance or substantial discomfort of persons or is allowed to cause injury to persons or property in the Town of Fulton.
(15) 
A noxious material discharge area where the discharge, disposal, storage or treatment of noxious, filthy, decaying or nauseous materials repulsive to the senses of ordinary persons is allowed to continue to the substantial annoyance or substantial discomfort of persons or is allowed to cause injury to persons or property in the Town of Fulton.
(16) 
A dog or dogs running at large.
B. 
Public safety nuisances. The following are specifically declared by the Town Board of the Town of Fulton to be public safety nuisances. This declaration should not be construed to exclude other public nuisances affecting public safety in the Town of Fulton.
(1) 
An abandoned or wrecked motor vehicle area where motor vehicles, tractors, house trailers, railroad cars and semitrailer boxes are allowed to remain without a proper junkyard permit issued by the Town Board of the Town of Fulton.
(2) 
A dilapidated building area where old or dilapidated buildings, structures and equipment are allowed to stand while they are dangerous, unsafe, unsanitary, uninhabitable or otherwise unfit for human use and occupancy.
(3) 
A dangerous tree area where trees and limbs are in a condition and location to cause a menace or danger to public safety of persons in the Town of Fulton.
(4) 
An illegal building area where buildings were constructed, repaired, expanded or altered illegally in violation of any Town of Fulton or County of Rock ordinances or state and federal laws and regulations in the Town of Fulton.
(5) 
An improper structure area where signs, billboards, awnings and other structures are improperly, illegally or unsafely installed or maintained near public highways, roads, streets, sidewalks, parks, public buildings, public premises or other public places in a condition and location to cause a menace or danger to public safety of persons in the Town of Fulton.
(6) 
A loud noise area where loud, discordant and unnecessary sounds, including but not limited to the sounds of motor vehicles, animals, firearms or music repulsive to the senses of an ordinary person, are allowed to continue to the substantial annoyance or substantial discomfort of persons or injury to person or property in the Town of Fulton.
(7) 
A low wire area where wires over public highways, roads, streets, alleys, parks, public buildings, public premises or other public places are installed or maintained in a condition or location to cause a menace or danger to public safety of persons in the Town of Fulton.
(8) 
An unauthorized traffic sign area where unauthorized signs, signals, markings or other sign devices are installed or maintained near a public highway, road, street, alley or railroad crossing and which purport to be or can be mistaken for an official sign or other traffic control device or which because of their location, color, manner of operation or structure will interfere with any official traffic control device in the Town of Fulton.
(9) 
An obstruction area where structures, hedges, trees, weeds, signs, billboards, buildings or equipment is installed or maintained near a public highway, road, street, alley or railroad crossing and due to the condition and location block a clean view of traffic that causes a menace or danger to public safety of persons in the Town of Fulton.
(10) 
One or more semitrailer boxes, whether with wheels off or on, not used regularly for hauling cargo over the road unless the premises is zoned to allow such.
C. 
Keeping of deleterious material. To prevent a public nuisance, no person in the Town of Fulton shall cause, allow or permit any person to keep on premises owned, leased or controlled by that person any deleterious or septic material, unless the material is kept in proper containers which will prevent access to humans, flies, insects, vermin and other animals.
[Amended 10-14-1999]
A. 
Nonregistered motor vehicle storage prohibited.
(1) 
No person owning or being in possession of any motor vehicle that does not have valid current registration shall allow such vehicle to remain on any public street or grounds longer than 48 hours or upon private property longer than 10 days, that is within the ordinary public view, after notification thereof by the Town Police Chief or his designee or other designee of the Town Board. Notification shall be accomplished by placing in a conspicuous place on the vehicle a dated notice and by mailing or serving upon the owner of the vehicle and/or the owner (including any tenant) of the property in which said vehicle is located a dated written notice bearing the same date as the vehicle notice setting forth the following or substantially the following: "Warning. This vehicle is declared to be a public nuisance because of its nonregistration. You must obtain current valid registration for said vehicle within 48 hours. If a valid registration is not obtained within said period of time, this vehicle is declared to be a public nuisance and it may be removed and disposed of by the Town of Fulton as provided in its Town Code."
(2) 
No person, after notification to register any nonregistered vehicle, shall move the same to any other public location or private location within the ordinary public view upon which such storage would not be permitted under this section. Whenever the Town Chief of Police or Town Board shall find or be notified that any such vehicle has been so removed, the time periods as originally provided for herein as applicable shall continue to apply notwithstanding such removal. In addition, such removal constitutes a separate offense under this chapter.
(3) 
Subsection A(1) and (2) shall not apply to a motor vehicle in an enclosed building, a vehicle in an appropriate storage place or depository maintained in a lawful place and manner authorized by the Code of the Town of Fulton, or a vehicle on private property not within the ordinary public view, or vehicles that are exempt from registration under Wisconsin Statutes or this Code.
B. 
Definitions. As used in this section, the following terms shall have the meaning indicated:
DISABLED MOTOR VEHICLE
Any motor vehicle which has been junked, wrecked, or damaged or from which parts, accessories, or equipment has been removed so that the same is not capable and cannot be operated in its then current condition safely and legally upon any street or highway.
VEHICLE or MOTOR VEHICLE
A motor vehicle, motor truck automobile, motor bus, station wagon, truck tractor or semitrailer but does not mean a motor home, trailer or snowmobile, all as defined in relevant sections of the state statutes which are adopted by reference herein, whether or not the vehicle is registered under Ch. 341, Wis. Stats.
C. 
Abandonment of vehicles or disabled vehicles prohibited.
(1) 
No person shall leave any abandoned vehicle or disabled vehicle within the Town of Fulton that is in violation of this Code.
(2) 
Presumption of abandonment.[1]
(a) 
Any vehicle left unattended for more than 48 hours on any public street or grounds or for more than 10 days on private property, within the ordinary public view, is deemed abandoned and constitutes a public nuisance subject to notification thereof by the Town Chief of Police or Town Board. Any disabled vehicle also constitutes a public nuisance subject to notification thereof by the Town Chief of Police or Town Board. Notification shall be accomplished by placing in a conspicuous place on the vehicle a dated notice and by mailing or serving upon the owner of the vehicle and/or the owner (including any tenant) of the property in which said vehicle is located a dated written notice bearing the same date as the vehicle notice setting forth the following or substantially the following: "Warning. This vehicle is deemed abandoned/disabled and constitutes a public nuisance. You must remove the vehicle from this location so as to abate this public nuisance within 48 hours. Any vehicle so noticed which is not removed within 48 hours may be removed and disposed of as provided in Chapter 318 of the Code of the Town of Fulton."
(b) 
No person, after notification to remove any abandoned/disabled vehicle, shall move the same to any other location, either public or private, under which such storage is not permitted. Whenever the Town Chief of Police or Town Board finds that any such vehicle has been so removed, the time periods as originally provided for herein as applicable shall continue to apply notwithstanding such removal. In addition, such removal constitutes a separate offense under this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Subsection C(1) and (2) shall not apply to a vehicle in an enclosed building; a vehicle in an appropriate storage place or depository maintained in a lawful place and manner authorized by the Code of the Town of Fulton, or a vehicle on private property not within the ordinary public view.
D. 
Removal and impoundment or sale. Any vehicle found in violation of this section and deemed a public nuisance pursuant to this chapter shall be impounded by the Town of Fulton until lawfully claimed or disposed of as provided in this section. If the Town Chief of Police, the Town Board or its designee determines that towing and storage fees for the minimum period of impoundment would exceed the value of the vehicle, the vehicle may be junked or sold by the Town prior to the expiration of the impoundment period upon determination by the Town Chief of Police that the vehicle is not stolen or otherwise wanted for evidence or other reasons, provided that vehicles in excess of 19 model years of age shall be sold or disposed of only by auction, sale or sealed bid in accordance with the provisions of this section.
E. 
Minimum impoundment period. The minimum period of impoundment or storage of a vehicle found in violation of this section shall be 10 days.
F. 
Notice to owner. The Town official removing or causing the removal of any vehicle found in violation of this section shall immediately notify the Town Chief of Police or Town Board of the abandonment and location of the impounded vehicle and shall as soon as practicable, but not more than 10 days thereafter, notify the owner and lienholders of record, by certified mail, of the impoundment and of their right to reclaim the vehicle. The notice shall set forth the information contained in § 342.40(3), Wis. Stats., and shall state that the failure of the owner or lienholders to exercise their rights to reclaim the vehicle shall be deemed a waiver of all right, title and interest in the vehicle and a consent to sale of the vehicle.
G. 
Sale. Each retained vehicle not reclaimed by the owner or lienholder may be disposed of by sealed bid or auction sale as provided in § 342.40(3), Wis. Stats.
H. 
Sale to bar claims against vehicle. The sale of a motor vehicle under the provisions of this section shall forever bar all prior claims thereto and interest therein except as hereinafter provided.
I. 
Purchaser to remove vehicle. The purchaser of any vehicle on sealed bid or auction sale under Subsection G shall have 10 days to remove the vehicle from the storage area upon payment of a storage fee as set by the Town Board for each day the vehicle has remained in storage after the second business day subsequent to the sale date. Ten days after the sale, the purchaser shall forfeit all interest in the vehicle and the vehicle shall be deemed to be abandoned and may be again sold.
J. 
Request for list. Any listing of vehicles to be sold pursuant to this section shall be made available by the Town Clerk/Treasurer to any interested person or organization who or which makes a written request therefor, for a fee as set by the Town Board.
K. 
Notice to Department of Transportation. Within five days after sale or disposition of a vehicle under this section, the Town Clerk/Treasurer shall advise the Wisconsin Department of Transportation of such sale or disposition on a form supplied by the Department.
L. 
Owner may file. At any time within two years after the sale of a motor vehicle as provided herein, any person claiming ownership of such motor vehicle or a financial interest therein may present a claim to the Town Board setting forth such facts as are necessary to establish such ownership or interest and that the failure of the claimant to reclaim the vehicle prior to sale was not the result of the neglect or fault of the claimant. If the Town Board is satisfied as to the justice of such claim, it may allow the same, but in no case shall the amount allowed exceed the sum paid into the Town treasury as the result of the sale of such motor vehicle, nor the amount of interest of the claimant therein.
M. 
Exemption. Any owner or person operating a registered vehicle which shall become disabled or inoperative for any reason, and who shall be unable to cause removal of such vehicle from any alley, street, highway or public place, not otherwise regulated as a restricted parking, stopping or standing zone, shall, within 12 hours of such occurrence, notify the Town Chief of Police or Town Board of the location of the vehicle and shall transfer and deliver clear title for said vehicle to the Town together with a fee as set by the Town Board to offset the cost of towing and junking charges and shall be exempt from the provisions of this section. When so requested by the owner or person in charge of a vehicle, the Town Chief of Police or Town Board shall be authorized to order such vehicle removed and junked directly from the scene of disablement by the contractor engaged by the Town for towing of disabled vehicles.
[Added 7-6-2010[1]]
No person owning property within the Town shall permit to grow or pollinate upon his or her residential lot or that portion of a lot on which a residential structure is located and in its immediate vicinity any noxious weeds or weeds or grasses which cause or produce hay fever in human beings, exhale unpleasant or noxious odors or conceal filthy deposits. In order to prevent such growth and pollination, it shall be the duty of every property owner to mow or cause to be mowed upon his or her residential lot or that portion of a lot on which a residential structure is located and in its immediate vicinity all grasses or weeds exceeding one foot in height.
[1]
Editor’s Note: This ordinance also provided for the renumbering of former §§ 318-5 and 318-6 as §§ 318-7 and 318-8, respectively.
[Added 7-6-2010]
It shall be the duty of the Weed Commissioner to enforce § 318-5, and if any person shall fail to comply, the Commissioner shall send a certified letter with a fee of $25 for administration costs and, after five days' written notice to the owner, cause the premises to be mowed and report the cost thereof, in writing, to the Clerk in the manner provided in § 66.0517, Wis. Stats. Such charge shall be entered on the next tax roll, in a column headed "For the Destruction of Weeds," as a tax on the lands upon which the weeds were destroyed, unless such lands are exempt from taxation. The cost to be charged by the Weed Commissioner pursuant to this section shall be $100 per hour, with a minimum fee of $100. The hourly rate and minimum fee may be adjusted from time to time by resolution of the Town Board.
As used in this chapter, the following terms shall have the meaning indicated:
ABANDONED
Deserted, surrendered or ceded.
BILLBOARDS
Signboards for advertising posters.
FIREARM
A weapon that acts by force of gunpowder.
GROUNDWATER
Any of the waters of the State of Wisconsin occurring in a saturated subsurface geological formation or permeable rock or soil.
JUNKYARD
Any place which is owned, maintained, operated or used for storage, keeping, processing, buying or selling junk, including refuse dumps, garbage dumps, automobile graveyards, scrap metal processors, auto wrecking yards, salvage yards, auto recycling yards, used auto parts yards and temporary storage of automobile bodies or parts awaiting disposal as a normal part of a business operation when the business will continually have like materials located on the premises, and sanitary landfills. This definition does not include litter, trash and other debris scattered along or upon the highway, or temporary operations and outdoor storage of limited duration.
NOXIOUS WEEDS
The following weeds: Canada thistle, leafy spurge, field bindweed (creeping Jenny), all weeds and grasses on a residential lot exceeding one foot in height, which could constitute a fire hazard and/or which, if allowed to pollinate, would cause and produce hay fever in human beings, exhale unpleasant or noxious odors or cause skin rash through contact with skin, and such other weeds as determined by resolution of the Town Board for the Town of Fulton.
[Amended 11-9-2010]
SIGNS (OFFICIAL)
Those signs posted for official public notice in the Town of Fulton.
SURFACE WATER
Waters following no defined course or channel and not gathering into any definite body of water but that diffuse themselves over the surface of the ground.
TOXIC
Any substance, other than a radioactive substance, which has the capacity to produce personal injury or illness to persons through ingestion, inhalation or absorption through any body surface.
[1]
Editor's Note: See also Ch. 1, § 1-6.
[Amended 10-14-1999; 11-13-2007]
Any person or entity violating any provision of this chapter shall be subject to a forfeiture as provided in Chapter 1, § 1-4 and Chapter 20, Citations, of this Code. The Township may notify the Wisconsin Department of Transportation to suspend the driving privileges of the person obligated to pay said forfeiture for a period of up to five years or until such time as said forfeiture is paid, with a minimum period of suspension of 30 days. Each day's continuance of any violation shall constitute a separate violation. The imposition of one penalty for any violation of this chapter shall not excuse the violation or permit it to continue, and all persons on whom a penalty is imposed shall correct or remedy such violations or defects forthwith. The application of the above penalty shall not prevent the enforced removal of prohibited conditions and obtaining injunctive relief.