SECTION XVI – TREES, SHRUBS, AND FLOWERS AT TOWN CEMETERY
A. Tree and shrub planting. The planting at any town cemetery of trees and shrubs on newly purchased lots or parts of lots is prohibited except by written consent of the town board or the sexton.
B. Large tree removal. Lot owners may, with the written consent of the town board or the sexton, remove large trees on or adjacent to cemetery lots in any town cemetery that hinder the full usage of the lot. The expense of the tree and stump removal shall be paid for by the lot owners.
C. Fresh flowers and flags. All flower baskets at grave or lot sites at a town cemetery shall be removed by October 15 of each year. Fresh cut flowers may be used in any town cemetery at any time. Containers for cut flowers are to be of a type that is level with the ground surface and not holding water when not in use; or of the type to be disposed of when flowers are removed. All flags placed on graves for Memorial Day shall be removed by the day following Flag Day of that year.
D. Potted plants. Potted plants at any town cemetery may be set on lots, without disturbing the sod, if removed within 5 days after being set. If a potted plant is not removed within 5 days of being set on the lot, the potted plant may be picked up and destroyed by the town board or the sexton of the town or removed and preserved for planting within the town cemetery.
E. Artificial flower decorations; baskets. Artificial flower decorations are prohibited in any town cemetery unless in a vase or pot and when so used will be treated as potted plants. Unfilled or unsightly baskets will be removed from the lot by the town board or the sexton.
F. Flower beds. Individual flower beds or growing plants other than trees or shrubs are permitted at any town cemetery but must be of a reasonable size as determined by the town board or the sexton. In case of doubt, the town board or the sexton of the town should be consulted. Flower beds or growing plants that are not maintained, become unsightly or undesirable, or are not of a reasonable size as determined by the town board or the sexton will be removed by the town board or the sexton.
G. Plant or flower removal. Plants or flowers planted in a town cemetery may not be taken up or removed by any person, nor cuttings removed therefrom, without written consent from the town board or the sexton, except that plants in flower beds and growing plants authorized under subsection F may be removed or cut by the person who planted the flower bed or growing plant.
H. Vine, wreath, and memorial removals. Vines that interfere with the proper care of lots or graves or injure or damage the grass will be removed from any town cemetery by the town board or the sexton when found objectionable. No real or artificial wreaths, temporary or permanent, nor memorial or personal memorabilia items will be allowed on lots or graves without written consent of the town board or the sexton.
SECTION XVII – MISCELLANEOUS
A. Neglected lots. It is urged that lot owners interest themselves in the present and future care of their lots, as a single neglected lot mars the beauty of the entire town cemetery. The town board or the sexton may notify, or attempt to notify, in writing a lot owner that any lot, or monument or marker thereon, is being neglected and that failure to comply with this ordinance and town cemetery bylaws and regulations regarding proper care and management, or failure to correct a neglected lot, may be cause for imposition of forfeitures under s. 157.11 (2), Wis. stats. 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. Note: If a town does not have a public nuisance ordinance, language similar to that contained in Section XI and XII of 29.038: Public nuisance ordinance [ss. 29.038, 66.0407, 66.0413, 125.14, 169.01, and 175.25 and ch. 823, Wis. stats.] 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. The following statutes affect this form: s. 167.10 (3), Wis. stats. 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 or title, or both] 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. The following statutes affect this form: ss. 170.07 and 170.08, Wis. stats. To [law enforcement agency for the town]:
Notice is hereby given that on ________ ___, 20__, the undersigned found, in the Town of ________, ________ County, Wisconsin, the following-described [money or goods] of the value of $25 or more, namely: [describe money or goods].
Dated this ______ day of ________, 20__.
[Signature]
Notes: If the value is less than $100, the law enforcement agency shall post a notice of the found money or goods in 2 public places in the town. If the value is $100 or greater, the finder shall cause a class 2 notice under ch. 985, Wis. stats., of the found goods to be published in the county. Under s. 170.10, stats., if no owner of lost money or goods appears within 90 days after notice is given to the law enforcement agency of the city, village or town under s. 170.07 or 170.08, stats., the finder of the money or goods shall be the owner of the lost money or goods. The following statutes affect this form: s. 170.105, Wis. stats. 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 town clerk shall post this resolution, with the below-noted Notice of found money or goods, in two public places in the Town of ________, ________ County, Wisconsin. The two public places for posting are the following: [list locations].
NOTICE OF FOUND GOODS OR MONEY
The Town of ________, ________ County, Wisconsin, has in its possession certain found money or goods, specifically: [describe goods or money found].
The lawful owner of these found goods or money must appear within 90 days of the date of the posting of this notice and establish his or her right to the found goods or money. Upon determination by the town board or its designee of the ownership of these goods or money, the goods or money shall be promptly returned to the owner, subject to the owner making full payment to the town treasurer for any charges, costs, or expenses incurred by the Town of ________ as a result of its possession and management of these goods or money. If no owner of the found money or goods appears within the 90-day period, the goods or money shall become the property of the Town of ________, ________ County, Wisconsin.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
The following statutes affect this form: s. 943.13, Wis. stats. STATE OF WISCONSIN
Town of ________
________ County
SECTION I – TITLE AND PURPOSE
The title of this ordinance is the Town of ________ Town Buildings Firearms Ordinance. The purpose of this ordinance is to prohibit the carrying of firearms within buildings that are owned, occupied, or controlled by the town.
SECTION II – AUTHORITY
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, prohibits the carrying of firearms within buildings that are owned, occupied, or controlled by the town and provides penalties, as provided in Section V.
SECTION IV – SUBDIVISION AND NUMBERING OF THIS ORDINANCE
This ordinance is divided into sections designated by uppercase Roman numerals. Sections may be divided into subsections designated by uppercase letters. Subsections may be divided into paragraphs designated by numbers. Paragraphs may be divided into subdivisions designated by lowercase letters. Subdivisions may be divided into subdivision paragraphs designated by lowercase Roman numerals. Reference to a “section,” “subsection,” “paragraph,” or “subdivision” includes all divisions of the referenced section, subsection, paragraph, or subdivision.
SECTION SECTION V – CARRYING FIREARMS IN TOWN BUILDINGS PROHIBITED
A. In this section, “carry” means to go armed with.
B. 1. Except as provided in paragraph 2, the carrying of firearms of in any part of any building owned, occupied, or controlled by the town, excluding any building or portion of a building under s. 175.60 (16) (a), Wis. stats., is prohibited.* The town shall provide notice to all actors not to enter or remain in the building while carrying a firearm as provided in paragraph 2. 2. The town clerk shall post and maintain in a prominent place near each the entrances to the part of each building to which the prohibition under paragraph 1 applies, a sign that is at least ____ inches by _____ inches** that states: “Entering or remaining in this building while carrying a firearm is a violation of state law and the Town of ______ Town Buildings Firearms Ordinance. Violators may be prosecuted.” If only a part of a building is subject to the prohibition in paragraph 1, the sign shall be modified so as to notify a reader that the carrying of a firearm within the applicable part of the building is prohibited. All signs shall be posted and maintained so that any individual entering the building can be reasonably expected to see the sign.
3. This subsection does not apply to a person who leases residential or business premises in the building or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the building used as a parking facility.
C. No person may, while carrying a firearm, enter or remain in any part of a building that is owned, occupied, or controlled by the town, excluding any building or portion of a building under s. 175.60 (16) (a), if the town has notified the actor not to enter or remain in the building while carrying a firearm. This subsection does not apply to a person who leases residential or business premises in the building or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the building used as a parking facility. SECTION VI – ENFORCEMENT
This ordinance may be enforced by any law enforcement officer authorized to enforce the laws of the state of Wisconsin and additionally as may be stated in a Town citation authority ordinance adopted per s. 66.0113, Wis. stats. SECTION VII – PENALTIES
The penalties under s. 943.13 (1m), Wis. Stats, are adopted by reference. SECTION VIII – 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 XV – 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]
Note: This form may be adapted to prohibit the carrying of only certain types of firearms and to apply to only specified town buildings or parts of town buildings, as allowed by s. 943.13, Wis. stats.
