1. Issue and serve a written order to cease and desist the public nuisance upon the person causing, permitting, or maintaining the public nuisance and the owner or occupant of the premises where the public nuisance is located.
2. Issue and serve a citation for violation of this ordinance upon the person causing, permitting, or maintaining the public nuisance and the owner or occupant of the premises where the public nuisance is located.
3. Cause the town attorney to draft a formal civil complaint to be filed and served upon the alleged violators based upon an alleged violation of this ordinance or the conditions of any permit as issued or have drafted by the town attorney to be filed and served a formal complaint for abatement of the public nuisance under ch. 823, Wis. stats. E. Other Methods Not Excluded. Nothing in this ordinance may be construed as prohibiting the injunction and abatement of public nuisances against any person, including against a permit holder that holds a current and valid permit issued by the town under this ordinance, by the town or its officials in accordance with the laws of the State of Wisconsin or this ordinance.
SECTION XII – COSTS OF ABATEMENT OR DISPOSAL
In addition to any other penalty imposed by this ordinance for the erection, contrivance, creation, continuance, or maintenance of a public nuisance and violation of this ordinance, the cost of abatement of any public nuisance by the town may be collected under this ordinance or s. 823.06, Wis. stats., as a debt or expense from the owner or occupant of the real property for causing, permitting, or maintaining the public nuisance. If notice to abate the nuisance has been given to the owner or occupant previously, the cost of abatement may be assessed against the real property for services rendered and incurred by the town to enjoin or abate the public nuisance as a special charge under s. 66.0627, Wis. stats., unless paid earlier. If any vehicle, structure, equipment, implement, or appliance is abandoned or remains unclaimed in violation of this ordinance, the town board may proceed to declare this personal property abandoned and proceed to dispose of this personal property under s. 66.0139, Wis. stats., by public auction or other means as determined in writing by the town board. SECTION XIII – ENFORCEMENT PROVISIONS
A. Penalties. 1. 1st Offense. Any person who violates this ordinance shall, upon conviction, forfeit not less than $20 nor more than $500 together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the county jail until the forfeiture and costs are paid, but not exceeding 90 days.
2. Second and Subsequent Offenses; Penalty. Any person guilty of violating this ordinance or any person who has previously been convicted of a violation of this ordinance shall, upon conviction, forfeit not less than $100 nor more than $1,000 for each offense, together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the county jail until the forfeiture and costs of prosecution are paid, but not exceeding 6 months.
B. Separate Violations. Each day of violation of this ordinance constitutes a separate offense.
SECTION XIV – 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: Towns may wish to adopt 169.43: Harmful and exotic wild animal ordinance as an alternative to this provision regarding exotic animals.
Note: This form is complementary to 175.25: Junked vehicle ordinance, and it is suggested that towns adopt both.
The following statutes affect this form: s. 60.23 (10), Wis. stats. STATE OF WISCONSIN
Town of ________
________ County
SECTION I – TITLE AND PURPOSE
This ordinance is entitled the Town of ________ Amusement Center License ordinance. The purpose of this ordinance is for the Town of ________ to regulate by license and penalty the installation and maintenance of certain amusement devices in the Town of ________.
SECTION II – AUTHORITY
The Town Board of the Town of ________, ________ County, Wisconsin, has the specific authority under s. 60.23 (10), 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, and permits the construction or installation, of certain amusement devices in the Town of ________.
SECTION IV – COVERAGE
No person in the Town of ________ shall maintain billiards tables, pool tables, bowling alleys, or other amusement devices, including pinball machines and video games, on commercial premises or facilities in the Town of ________ without obtaining an amusement center license from the Town of ________. The application fees shall be established annually on resolution by the Town Board of the Town of ________ prior to ________ ___. The license shall be issued from July 1 of the year of issuance to June 30 of the next year. The license shall be issued by the town clerk of the Town of ________ prior to the amusement devices being used and operated by any person on commercial premises in the Town of ________ or prior to the amusement devices being used or operated for commercial or business purposes at any other premises in the Town of ________.
SECTION V – APPLICATION/LICENSE
The application for amusement center license and the amusement center license shall designate the commercial premises or facilities where the amusement devices are located. The amusement center license may be amended without charge if the licensee changes premises in the Town of ________. However, the amusement center license is not transferable from one person to another. The application shall include all of the following:
A. The name of the applicant.
B. The address of the applicant.
C. The residential and business telephone number of the applicant, if any.
D. The age of the applicant.
E. The name and address of the owner of the amusement devices, if different from the applicant.
F. The type and number of amusement devices.
SECTION VI – EXEMPTIONS
The following uses, activities, or locations are exempt from this licensing requirement:
A. Commercial premises or facilities with less than ____ amusement devices located on the premises or facilities.
B. Gambling or gaming devices that are illegal to operate in Wisconsin.
SECTION VII – SPECIFIC ORDINANCE/LICENSE PROVISIONS
A. The person subject to this ordinance shall comply with s. 60.23, Wis. stats., and this ordinance. B. No person may be issued or reissued an amusement center license in the Town of ________ until the appropriate fee has been paid to the town clerk of the Town of ________.
C. No person may be issued or reissued an amusement center license in the Town of ________ who has failed to properly and fully complete and submit to the town clerk of the Town of ________ the application form as developed and provided by the Town of ________.
D. No person may be issued or reissued an amusement center license in the Town of ________ until that person owns or has leased a commercial or other premises or facility in the Town of ________ to keep the amusement devices.
SECTION VIII – PENALTY PROVISIONS
Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this ordinance shall, upon conviction, pay a forfeiture of not less than $_____ nor more than $_____, plus the applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this ordinance. In addition, the town board may seek injunctive relief from a court of record to enjoin further violations.
SECTION IX – 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 X – 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]
The following statutes affect this form: s. 60.23 (30) and chs. 173 and 174, Wis. stats. (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 ________ Dogs Running at Large Ordinance. The purpose of this ordinance is to regulate, by tag and penalty, the care, treatment, and control of dogs in the town.
SECTION II – AUTHORITY
The town board has the authority under its village powers under s. 60.22, Wis. stats., and the specific authority under s. 60.23 (30), and chs. 173 and 174, 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 of the care, treatment, and control of dogs in the town.
SECTION IV – DEFINITIONS
In this ordinance:
A. “Abandoned” means that an owner has failed to pay the impoundment and care costs incurred by the town, as specified in Section IX, subsection E, within 7 days after receipt by a dog’s owner of written notice from the town clerk that the dog is under the possession and care of the town or its designated agents.
B. “Law enforcement officer” means any person employed by the town for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances that the person is employed to enforce.
C. “Legal premise” means the real property owned or occupied by the owner of a dog.
D. “Owner” means a person who owns, harbors, or keeps a dog.
E. “Running at large” means off the owner’s legal premise and not under the control of the owner or some other person.
F. “Stray dog” means a dog running at large whose owner is unknown.
G. “Town” means the Town of ________ in ________ County, Wisconsin.
H. “Town board” means the board of supervisors for the Town of ________, ________ County, Wisconsin, and includes designees of the town board authorized to act for the town board.
I. “Town clerk” means the clerk of the Town of ________, ________ County, Wisconsin.
J. “Untagged” means a valid license tag is not attached to a collar that is kept on a dog whenever the dog is outdoors, unless the dog is securely confined by the owner in a fenced area or confined on the owner’s legal premise.
K. “Wis. stats” means the Wisconsin Statutes, including successor provisions of cited statutes.
SECTION V – 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 VI – RESTRICTIONS ON DOGS
Except as provided in Section VII, no person may do any of the following:
A. Allow any dog owned by that person to run at large in the town.
B. Allow any dog owned by that person to be untagged in the town.
C. Allow any dog owned by that person to be abandoned in the town.
D. Allow a dog or dogs on the legal premise of its owner to continue to frequently or habitually howl, yelp, bark, or make other loud noises that serve to greatly annoy or disturb an adjacent owner or occupant of land or serve to greatly annoy or disturb any considerable number of persons within the town, as determined by the town board, or its designees, after receipt of written notice from the town board, or its designees, to the owner of the dog or to the owner of the legal premise where the dog is kept that the noise from the dog or dogs must be eliminated.
