C. [List additional restrictions and applicable time periods, if any, for example:
All off-highway motorcycle operators shall observe posted roadway speed limits.
All off-highway motorcycle operators shall ride single file.
All off-highway motorcycle operators shall slow the vehicle to 10 mph or less when operating within 150 feet of a dwelling.]
SECTION IX - INCORPORATION OF STATE STATUTE BY REFERENCE
Section. 23.335, Wis. stats., is adopted as a part of this ordinance by reference, pursuant to
s. 23.335 (21), Wis. stats. A copy of this ordinance shall be sent by the town clerk to the Department of Natural Resources, the State Traffic patrol, the ________ County Sheriff's Department and any other law enforcement agency serving the Town of ________'s jurisdiction.
SECTION X - ENFORCEMENT
This ordinance may be enforced by any law enforcement officer authorized to enforce the laws of the state of Wisconsin [and additionally as stated in the Town's citation authority ordinance adopted per s.
66.0113].
SECTION XI - PENALTIES
The penalties under
s. 23.335 (23), Wis. stats., are adopted by reference. Violators of Section VIII C, or any other provision of this ordinance for which a penalty is not provided under
s. 23.335 (23), Wis. stats., shall, upon conviction, pay a forfeiture of not less than $_____ nor more than $_____, plus the applicable surcharges, assessments, and costs for each violation.
SECTION XII – SEVERABILITY
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION XIII – EFFECTIVE DATE
This ordinance is effective on publication or posting.
The town clerk shall properly 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]
23.335 (19) (b) Trails. A local governmental unit or the department may designate corridors through land which it owns or controls, or for which it obtains leases, easements, or permission, for recreational use as off-highway motorcycle trails. A designation may include all or a portion of an all-terrain vehicle trail.
(c) Routes. A local governmental unit may designate highways as off-highway motorcycle routes. No state trunk highway or connecting highway may be designated as an off-highway motorcycle route unless the department of transportation approves the designation.
STATE OF WISCONSIN
Town of ________
________ County
The Sanitary District Commission for the ________ Sanitary District, ________ County, Wisconsin, by this resolution, 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, resolves and orders as follows:
The high water mark of Lake ________, a lake that lies wholly within the ________ Sanitary District, is identified as being that high water mark level described as follows:
[establish high water mark].
Dated this ______ day of ________, 20__.
[Signatures of town sanitary district members]
[Attest: Town sanitary district clerk]
Note: No person may construct or maintain a bridge or construct, place, or maintain a culvert in, on, or over navigable waters without obtaining a permit from the Department of Natural Resources. For more information, see the DNR website at the following address:
STATE OF WISCONSIN
Town of ________
________ County
The Town Board of the Town of ________, ________ County, Wisconsin, by this resolution, 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, resolves and orders as follows:
Pursuant to the findings of the town board, stated below, ________ ________, the owner of a wharf or pier, shall remove or have removed the wharf or pier described below by ________ ___, 20__. If the wharf or pier is not timely removed by the owner, the town board orders ________ ________, [a town officer or agent of the town], to remove or have removed the wharf or pier.
[Include either Alternative 1 or 2, as applicable.]
[Alternative 1] The town board finds that the pier or wharf located at ______________ [insert location including name of waterway, if any] constitutes an unlawful obstruction of navigable water in the Town of ________. The wharf or pier shall be timely removed as follows:
[state method of removal].
[Alternative 2] The town board finds that the pier or wharf located at ______________ [insert location including name of waterway, if any] is so old, dilapidated, or in need of repair that it constitutes a public nuisance. The town board finds that repair of the wharf or pier is presumed unreasonable and the wharf or pier is presumed to be a public nuisance under
s. 30.13 (5m) (a) 2., Wis. stats. The wharf or pier should be removed as follows:
[state method of removal].
The town clerk shall properly post or publish this resolution as required under
s. 60.80, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: Under
s. 30.13 (5m) (a) 2., Wis. stats., the town board must determine the cost of repair prior to utilizing Alternative 2. In relevant part,
s. 30.13 (5m) (a) 2., Wis. stats., states:
30.13 (5m) (a) 2. If the governing body of a city, village or town or a designated officer determines that the cost of repair is likely to exceed 50% of the equalized assessed value of the wharf or pier or, if the wharf or pier is not subject to assessment, if the cost of repair is likely to exceed 50% of the current fair market value, then repair is presumed unreasonable and the wharf or pier is presumed to be a public nuisance.
Note: The removal order must be served on the owner or person responsible in the manner provided for service of summons or by posting if the owner or responsible agent cannot be served.
STATE OF WISCONSIN
Town of ________
________ County
The Town Board of the Town of ________, ________ County, Wisconsin, by this resolution, 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, resolves and orders as follows:
Pursuant to
s. 30.16 (1), Wis. stats., ________ ________, a town officer, shall give reasonable written notice to the owner or master, or an agent of the owner or master, of a watercraft or float described as ______________ [describe watercraft or float as specifically as possible] that is obstructing the free navigation of ______________ [insert location including name of waterway, if any] to remove the obstruction from the waterway by ________, 20__.
If the above-described watercraft or float is not removed by the owner or master, or the agent of the owner or master, by ________ ___, 20__, then ________ ________, acting as a town officer, shall act to have the obstruction removed for the Town of ________ and upon the removal of the watercraft or float from ________ [insert location including name of waterway, if any] shall, relative to the watercraft or float, take the following additional actions:
[list and detail actions to be taken].
Upon publication of this resolution, the Town Board of the Town of ________ shall obtain a first lien on the watercraft or float described above for all costs, charges, and expenses incurred by the town in the removal of the watercraft or float described above. The attorney for the Town of ________ is authorized to commence a personal action for the town against the owner of the watercraft or float for all costs, charges, or expenses incurred by the town in removing the obstruction above.
The town clerk shall properly post or publish this resolution as required under
s. 60.80, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
The Department of Natural Resources (DNR) has published Guidelines for Creating Local Boating Ordinances and Placing Waterway Markers in Wisconsin Waters, which contains sample ordinances. Electronic copies of the publication may be downloaded from the DNR website at the following address:
STATE OF WISCONSIN
Town of ________
________ County
The Town Board of the Town of ________, ________ County, Wisconsin, by this resolution, 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, resolves and orders as follows:
The following actions regarding a dam across ______________, [insert location including name of waterway, if any] a lake or stream that is adjoining or is within the town municipal limits, are authorized:
[state specific acquisition, construction, maintenance, or repair action to be taken by town].
It is ordered that a plan for the above-described action, with specifications and cost estimates to be provided to the town board for adoption, shall be prepared. The plan, when adopted by the town board, shall be submitted to the State of Wisconsin, Department of Natural Resources and the appropriate federal agency for approval. No action may be taken by the town until the plan has been approved by the Department of Natural Resources and the appropriate federal agency. The plan, at minimum, shall contain all of the following:
[list plan specifications].
The town clerk shall properly post or publish this resolution as required under
s. 60.80, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: Permits or approvals from the Department of Natural Resources are required for the construction and maintenance of dams on both navigable and nonnavigable waterways (streams, creeks, or rivers). A fee is required. For more information, see the DNR website:
STATE OF WISCONSIN
Town of ________
________ County
The Town Board of the Town of ________, ________ County, Wisconsin, by this resolution, 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, resolves and orders as follows:
Pursuant to the findings of the town board, stated below, a public inland lake district is established for the following described area, which encompasses within its boundaries all of the frontage of Lake ________, a public inland lake within this state. The corporate name of the public inland lake district is ______________. The boundaries of the district are as follows:
[insert legal descriptions and boundaries].
The town board, after consideration of the committee report and other evidence submitted to it, has found all of the following:
1. The petition was signed by the requisite owners, the appropriate notice of public hearing was published or mailed, the public hearing was held not later than 30 days from the date of presentation of the petition to the town board, the appropriate committee was appointed and reported to the town within 3 months after the date of the public hearing, and this order is issued within 6 months after the date of the hearing.
2. The proposed district is necessary.
3. The public health, comfort, convenience, necessity, or public welfare will be promoted by the establishment of the district.
4. The real property in the district will be benefited by the establishment of the district.
5. The State of Wisconsin, Department of Natural Resources was properly notified in writing of the hearing at the time the hearing date was set.
The town clerk shall properly post or publish this resolution as required under
s. 60.80, Wis. stats.
Adopted this ______ day of ________, 20__.
