B. Schedule of payments. A schedule of the fees and charges for any town cemetery, as established by the town board by resolution shall be on file in the office of the town clerk. The town board may by resolution change the schedule from time to time without advance notice to conform the fees and charges to current economic conditions.
C. Fee payment location. All fees and charges for any town cemetery in the current schedule of fees and charges adopted under subsection B are payable to the town treasurer at the office of the town clerk, where receipts will be issued for the amounts paid.
D. Sexton. The town board, by resolution, may designate, retain, or employ a person as sexton or may designate any other person or committee to act administratively and to manage, operate, maintain, and provide care for the town cemetery or any part of the operations or of any town cemetery pursuant to this ordinance. The sexton may be a town employee or may, with proper insurance and indemnification protection for the town, its officers, employees, and agents, be an independent contractor or agent retained under written contract for a fixed time of years. The town board, consistent with this ordinance, shall designate the authority, responsibility, and duties to the sexton by written resolution. The town board shall be responsible for proper supervision of the sexton.
E. Amendment of ordinance. The town board reserves the right to amend this ordinance to conform with newly developed cemetery practices or any other legal purpose that the town board deems necessary and appropriate. Before this ordinance is amended, a public hearing shall be held on the proposed amendment before the town board. Notice of the public hearing shall be published in a local newspaper at least 10 days prior to the hearing.
SECTION XVIII - PENALTIES
A. Citation. The town board may establish a citation ordinance for enforcement of violations of this ordinance and for any bylaws or regulations.
B.
Penalties. Any person who violates any provision of this ordinance or any bylaws or regulations shall, upon conviction, be fined and shall forfeit for any bylaw or regulation violation under Section XI, subsection A, of this ordinance and
s. 157.11 (2), Wis. stats., not more than $10, and for a violation of this ordinance, not less than $100 nor more than $500 for each offense, together with the costs of prosecution. Each day a violation exists or continues constitutes a separate offense under this ordinance. The town board may withhold the issuance of any town licenses, authorities, grants, or permits and any additional cemetery lot purchases and permits for burial or disinterment until the violation has been abated and all penalties and costs satisfied.
C. Abatement. 1. In lieu of or in addition to any other penalty for a violation of this ordinance, if the violation consists of a physical condition, the town board may issue a written notice to the person responsible for the violation, if known, requiring the person responsible to [abate or remove] the violation within ___ days of receipt of the notice. Service of notice shall be by personal service or registered mail with return receipt requested.
2. If the person responsible for the violation of this ordinance is unknown or the person responsible has not [abated or removed] the violation within ___ days of receipt of the notice described in paragraph 1., the sexton, or some other person designated by the town board, may immediately abate or remove the violation in a manner approved by the town board. The cost of the abatement or removal may be recovered from the person responsible for the violation.
D.
Injunctive relief. In lieu of or in addition to any other penalty for a violation of this ordinance the town board may seek to enjoin any continuing violation of this ordinance as provided in
ch. 813, Wis. stats.
SECTION XVIII - EFFECTIVE DATE
This ordinance is effective on publication or posting.
The town clerk shall properly post or publish this ordinance, as required under
s. 60.80, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note:
Section 154.30, Wis. stats., makes provision for persons who “may control final disposition, including the location, manner, and conditions of final disposition,” and provides for a form to do so. Be aware that such a form could designate a burial location that is not under the control, under
s. 157.10
, Wis. stats., of the person making that designation, or his or heirs.
If a town does not have a public nuisance ordinance, language similar to that contained in Section XI and XII of the Public Nuisance Ordinance may be adapted to this ordinance. When adopting language providing that illegal burials are a public nuisance, existing public nuisance ordinances should be reviewed to insure no inconsistency between the ordinances.
STATE OF WISCONSIN
Town of ________
________ County
To ________ ________:
You, ________ ________, of ______________, are granted permission to purchase fireworks on and after ________ ___, 20__ [insert date], of the following kind and quantity ________ [insert type and amount] to be used on ________ ___, 20__ [insert date], at ________ [insert location]. This permit is restricted to the above conditions.
You are also to adhere to the following special conditions in Ordinance ________ [cite ordinance number and/or title] for the Town of ________, ________ County, Wisconsin: [list special conditions].
[If a bond or liability insurance policy is required, add the following:]
You are also required to file a [bond or liability policy, whichever requested] in the name of the Town of ________, in the amount of $________, that will indemnify other persons for any injuries to person or property arising out of the use of the fireworks.
Dated this ______ day of ________, 20__.
[Signature of town chairperson or designee]
Note: See
s. 167.10, Wis. stats., for other fireworks regulations. A copy of the permit shall be given to a town fire or law enforcement official at least 2 days before the date of authorized use. The bond or liability policy, if required, and a copy of the permit must be filed in the office of the town clerk.
(ONLY for use by towns authorized to exercise VILLAGE POWERS under
s. 60.22, Wis. stats.)
STATE OF WISCONSIN
Town of ________
________ County
SECTION I - TITLE AND PURPOSE
The title of this ordinance is the Town of ________ Harmful and Exotic Wild Animal Ordinance. The purpose of this ordinance is for the town to regulate by permit and penalty the possession, display, sale, purchase, and exhibition of certain harmful wild animals and exotic or wild animals in the town.
SECTION II - AUTHORITY
The Town Board of the Town of ________ has the specific authority under
s. 169.43, Wis. stats., and general authority under its village powers under
s. 60.22, Wis. stats., to adopt this ordinance.
SECTION III - ADOPTION OF ORDINANCE
This ordinance, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, provides for the regulation by permit of the possession, display, sale, purchase, and exhibition of certain harmful wild animals or exotic or wild animals within the town.
SECTION IV - DEFINITIONS
In this ordinance:
A. “Bovine animal” means domestic cattle and American bison of any age or sex.
B. “Cattle” means any of the various animals of the domesticated genus Bos.
C. “Cervid” means a member of the family of animals that includes deer, elk, moose, caribou, reindeer, and the subfamily musk deer. “Cervid” includes all farm-raised deer.
D. “Circus” means a scheduled event staged by a traveling company with mobile facilities in which entertainment consisting of a variety of performances by acrobats, clowns, or trained animals is the primary attraction or principle business.
E. “Domestic animal” means any of the following:
1. Domesticated cats of the subspecies Felis silvestris catus.
2. Domesticated dogs of the subspecies Canis lupus familiaris.
3. Rodents kept in cages, aquariums, or similar containers, including gerbils, hamsters, guinea pigs, and white mice.
4. Fish kept in aquariums or self-contained bodies of water and farm-raised fish, except fish that have been released to waters of the state.
5.
Farm-raised deer that are kept by a person registered under
s. 95.55, Wis. stats.
6. Livestock.
7. Poultry.
8. Farm-raised game birds, except farm-raised game birds that have been released to the wild.
9. Ratites.
10. Foxes, fitch, nutria, marten, fisher, mink, chinchilla, rabbit, or caracul that are born, bred, and raised in captivity and are not endangered or threatened species.
11. Pet birds.
12. Any other animal listed as a domestic animal by rule by the State of Wisconsin, Department of Agriculture, Trade and Consumer Protection.
F. “Equine animal” means a horse, mule, zebra, donkey, or ass.
G. “Exotic or wild animal” means any animal that is not a domestic animal and specifically includes all of the following:
1. Nonhuman primates and prosimians, including chimpanzees and monkeys.
2. Felids, except domesticated cats of the subspecies Felis silvestris catus, including lions, tigers, and other felids generally referred to as big cats;
3. Canids, except domesticated dogs of the subspecies
Canis lupus familiaris, including foxes not born, bred, and raised in captivity, and all wolves, coyotes, and wolf hybrids.
4. Ursids, including all bears.
5. Elephants.
6. Crocodilians, including alligators and crocodiles.
7. Marsupials, including kangaroos, wallabies, and opossums.
8. Hippopotami.
9. Rhinoceroses.
10. Hyenas.
11. Mustelids, except domestic ferrets, including skunks, otters, and badgers.
12. Procyonids, including raccoons and coatis.
13. Dasypodidae, including anteaters, sloth, and armadillos.
14. Viverrids, including mongooses, civets, and genets.
15. Reptilia over ___ [insert minimum length of snakes to be subject to regulation] feet in length, including boa constrictors, pythons, and any other snakes.
16. Venomous reptilia.
17.
Cervids, except farm-raised deer that are kept by a person registered under
s. 95.55, Wis. stats.
18. Camelids, except South American camelids.
H. “Farm-raised deer” means a captive cervid, but includes a non-captive cervid that has an ear tag or other mark identifying it as being raised on a farm. “Farm-raised deer” does not include a cervid kept by an institution accredited by the American association of zoological parks and aquariums.
I.
“Farm-raised game bird” means a captive bird of a wild nature that is not native. “Farm-raised game bird” does not include poultry or ratites, or birds kept pursuant to a license issued under
ss. 169.15,
169.19,
169.20, or
169.21, Wis. stats.
J. “Harmful wild animal” means members of the family ursidae commonly knows as bears, the species Felis concolor commonly known as cougars, and any other animal designated as a harmful wild animal under Wisconsin Statutes, or by rule of the State of Wisconsin, Department of Natural Resources.
K. “Livestock” means bovine animals, equine animals, goats, poultry, sheep, swine other than wild hogs, farm-raised deer, farm-raised game birds, South American camelids, and ratites.
L. “Person” means an individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity.
M. “Pet bird” means a psittacine or softbill that is not native, is not identified on the federal list of endangered and threatened species, and is not a migratory bird.
N. “Poultry” means domesticated fowl, including chickens, turkeys, and waterfowl, that are bred for the primary purpose of exhibition or producing eggs or meat. “Poultry” does not include ratites.
O. “Possess” means to own, control, restrain, transport, or keep.
P. “Public zoo or aquarium” means a zoo or aquarium that is an accredited member of the American Zoo and Aquarium Association.
Q. “Ratite” means a member of the group of flightless birds that includes the ostrich, emu, cassowary, kiwi, and rhea.
R. “Self-contained body of water” means a body of water that has no inlet from or outlet to a natural body of water, except that it may have pipes or similar conduits to put in or withdraw water that are equipped with barriers that prevent the passage of fish between the body of water and the other waters of the State of Wisconsin.
S. “South American camelid” means a llama, alpaca, vicuña, or guanaco.
