CODE OF ORDINANCES_ Town of Rockland, Brown County, Wisconsin

Transcription

1 CODE OF ORDINANCES_ Town of Rockland, Brown County, Wisconsin Leave blank for spacing putting new items here for tracking December 16, Agricultural Farmland Preservation (AG-FP) Zoning Adopted December 16, Agricultural Non Participating Working Lands (NPWLI) Adopted December 16, 2013 Rockland Zoning Map Repealed, Recreated, & Adopted June 3, 2013 Noise Ordinance Adopted: Chapter 10 Section 2 January 7, 2013 Public Nuisance Ordinance Adopted: Chapter 10 Section 1 April 16, 2012 Nonmetallic Mining Ordinance Adopted: Chapter 21 April 16, 2012 Explosives and Blasting Ordinance Adopted: Chapter 22 September 6, 2011 Rockland Zoning Map Adopted September 6, 2011 Rockland Code of Ordinances Adopted 1

2 CHAPTER 1 GENERAL PROVISIONS CITATION ORDINANCE Title and purpose Authority Designations and citation of code Subdivison and numbering of this ordinance Definitions and rules of construction Catchlines of sections; history notes; references Effect of repeal of ordinances Amendments to code; Effect of new ordinances; amendatory language Supplementation of code General penalty; continuing violations Citation method of enforcement Conflicting provisions Severability Altering or tampering with code; penalties for violation Provisions deemed continuation of existing ordinances Establishments of fees, charges, and penalties Code does not affect prior offenses or rights Certain ordinance not affected by code Effective date CHAPTER 2 GOVERNING BODY VILLAGE POWERS ADOPTED CONFIDENTIALITY OF INCOME AND EXPENSES PROVIDED TO ASSESSOR FOR ASSESSMENT PURPOSES ORDINANCE TO APPOINT ALTERNATE MEMBERS FOR BOARD OF REVIEW ORDINANCE TO ESTABLISH SPLIT SHIFTS FOR ELECTION OFFICIALS CHAPTER 3 RESERVED FOR FINANCE AND TAXATION CHAPTER 4 RESERVED FOR LAW ENFORCEMENT CHAPTER 5 RESERVED FOR FIRE PROTECTION CHAPTER 6 RESERVED FOR TRAFFIC CODE CHAPTER 7 BUILDING CODES ADOPTION OF STATE BUILDING CODES Authority Purpose Definitions Wisconsin Uniform Dwelling Code Wisconsin Commercial Building Code Building inspector Building permit required Other requirements remain applicable Inspections Enforcement and penalty provision HOUSE NUMBERING Enforcement and penalty provision CHAPTER 8 PUBLIC WORKS

3 TOWN ROADS [Wis. Stats ] Authority Standards Authority to impose special or seasonal weight limitations Implementation; no truck traffic signs enumerated Enforcement and penalty provision UTILITY SPECIAL PERMIT PROVISIONS & CONDITIONS OF APPROVAL Fees Enforcement and penalty provision CHAPTER 9 ENVIRONMENT RECYCLING ORDINANCE FOR THE TOWN OF ROCKLAND Purpose Statutory authority Abrogation and greater restrictions Interpretation Administration Definitions Separation of recyclable materials Separation requirements exempted Care of separated recyclable materials Management of lead acid batteries, major appliances, waste oil, and yard waste Preparation and collection of recyclable materials Responsibilities of owners or designated agents of multiple-family dwellings Responsibilities of owners or designated agents of non-residential facilities and properties Prohibitions on disposal of recyclable materials Enforcement and penalty provision Right to amend LANDSPREADING OF PETROLEUM CONTAMINATED SOILS Definitions Effective upon the adoption of this ordinance: Enforcement and penalty provision CHAPTER 10 PUBLIC NUISANCES, HEALTH, AND SAFETY PUBLIC NUISANCE ORDINANCE Title and Purpose Authority Adoption of ordinance Nuisances generally Public nuisances prohibited Noxious weeds, grass and vegetation Abandoned, junked, and hazardous motor vehicles Nuisance abatement Severability NOISE ORDINANCE Authority and Purpose Findings and Declaration of Policy Applicability Definitions Loud and Unnecessary Noise Prohibited

4 Exceptions Enforcement Penalties Severability CHAPTER 11 RESERVED 51 CHAPTER 12 LICENSES AND PERMITS SEXUALLY-ORIENTATED ADULT-ENTERTAINMENT ESTABLISHMENT LICENSE Purpose Authority Definitions License required Application for license Standards for issuance of license Fees Display of license or permit Renewal of license or permit Denial of application Suspension, revocation, on non-renewal of license Physical layout of adult establishments Responsibilities of the operator Registration of employees Exclusions Enforcement and penalty provision CHAPTER 13 CABLE TELEVISION Authority Title Definitions Grant of authority Compliance with applicable laws and ordinances Territorial area involved Acceptance of franchise and term Franchise non-exclusive Written notice Repair of streets and property Trimming of trees Damages and defenses Insurance Transfer of assignment of franchise Franchise renewal Town s right to revoke Revocation procedures Removal upon revocation Continuity of service Force majeure Maps Service area Theft of service Franchise fee

5 Franchise costs Service to public buildings Landlord/tenant relations Severability Amendment Relocation, temporary disconnects and redesign Enforcement Right of inspection Passage and effective date CHAPTER 14 RESERVED 68 CHAPTER 15 RESERVED 69 CHAPTER 16 RESERVED 70 CHAPTER 17 COMPREHENSIVE PLAN Adoption CHAPTER 18 ZONING ORDINANCE ZONING Authority Title Jurisdiction Intent Purpose Severability General Definitions General Provisions Establishment of Zones Residential Sewered (RS-1) District Rural Residential Non-Sewered (RR-1) District Estate Residential 2-Acre (ER-2) District Estate Residential 5-Acre (ER-5) District Estate Residential 10 Acre (ER-10) District Agricultural Non-Participating Working Lands Initiative (NPWLI) Neighborhood Business (B-1) District Community Business (B-2) District Institutional (IN) District Limited Industrial (I-1) District Heavy Industrial (I-2) District Planned Development District Overlay (PDD) Agricultural - Farmland Preservation (AG-FP) Zoning Ordinance MANUFACTURED HOMES AND MANUFACTURED HOME PARKS Purpose Definitions Application and license for manufactured home park Revocation and suspension Location of manufactured home parks Manufactured home park plan Sanitary regulations

6 Operation of manufactured home parks: responsibility of park management Variances Enforcement and penalty provision SEXUALLY-ORIENTED ADULT ENTERTAINMENT ZONING Definitions General standards SIGN CODE Purpose Scope of regulations Substitution clause Definitions Permits Fees Area computation of signs Prohibited signs Signs not requiring permit Illumination standards Landscaping standards Location standards Bonding requirements Signs allowed by permit Nonconforming signs Temporary signs Design, construction, and erection standards Maintenance of signs Appeals and variances Enforcement and penalty provision OFF-STREET PARKING General requirements Parking standards Specific requirements TELECOMMUNICATION ANTENNAS AND TOWERS Definitions Applicability General guidelines and requirements Permitted use permits Conditional use permits Removal of abandoned telecommunication antennas and towers Enforcement and penalty provision MAN-MADE BODIES OF WATER Applicability Definitions Location Exemptions Permit Site plan Design standards Inspections Maintenance Permit fees Enforcement and penalty provision

7 EARTH EXCAVATION Applicability Enforcement and penalty provision NON-CONFORMING USES, STRUCTURES, AND LOTS (Draft ) Purpose, Intent ADMINISTRATION AND ENFORCEMENT Purpose General Zoning Administrator Board of Appeals Planning Commission Building Permit Plats Variances Appeals Amendments Conditional Uses (Draft ) Fees Enforcement and penalty provision THE LARGE, MEDIUM, AND SMALL WIND ENERGY ORDINANCE Title Applicability Purpose Findings of fact Definitions Regulatory framework General requirements for wind energy systems Setbacks Sound and vibration Minimum ground clearance Signal interference Shadow flicker Ice shedding and debris Throw Avian risk Waste management General Safety ANIMAL ORDINANCE Keeping of Animals and Fowl Purpose Authority Definitions Dogs and Cats Calculation for the Number of Livestock Allowed, not Including Dogs and Cats Wild, Dangerous, or Exotic Animals Keeping of Pigeons Animals to be Confined Enforcement and penalty provision APPENDIX CHAPTER 19 SUBDIVISION AND PLATTING REGULATIONS Subdivision and Platting Regulations History: adopted April 17,

8 Authority Title Jurisdiction Purpose General Provisions Definitions Land Suitability Dedications and Reservations Improvements Construction Procedure Design Standards Survey and Data Submission Requirements Planned Unit Developments Variances Enforcementand penalty provision CHAPTER 20 SITE PLAN REVIEW AND DESIGN STANDARDS FOR COMMERCIAL AND MULTIPLE FAMILY DEVELOPMENTS SITE PLAN/LANDSCAPING DEVELOPMENT AND DESIGN STANDARDS INTENT OBJECTIVES STANDARD REQUIREMENTS ADMINISTRATION GENERAL BUILDING AND PERFORMANCE STANDARDS NO RIGHT TO DIVIDE PROPERTY FENCES LIGHTING STANDARDS SITE PLAN LANDSCAPING OFF-STREET PARKING REQUIREMENTS SIGNS OFF-STREET LOADING REQUIREMENTS OUTDOOR STORAGE CHAPTER 21 NONMETALLIC MINING ORDINANCE CHAPTER 22 EXPLOSIVES AND BLASTING ORDINANCE CHAPTER 23 THROUGH 135 ARE RESERVED

9 CHAPTER 1 GENERAL PROVISIONS CITATION ORDINANCE TITLE AND PURPOSE A. The title of this chapter is the Town of Rockland Citation Ordinance. The purpose of this ordinance is to authorize the Town Board of the Town of Rockland, or its designees, to issue citations for violations of Town of Rockland Code of Ordinances, including ordinances with statutory counterparts AUTHORITY A. The Town Board of the Town of Rockland, Brown County, Wisconsin has the specific authority under Wis. Stats. S to adopt this code of ordinances DESIGNATIONS AND CITATION OF CODE A. The ordinances embraced in this and the following Chapters 1 through 135 together with an Appendix shall constitute and be designated the Code of Ordinances, Town of Rockland, Brown County, Wisconsin, and may be so cited. Such code may also be cited as the Rockland Town Code, Town of Rockland Code of Ordinances, or the Code. B. It shall be the duty of the Town Clerk, or someone authorized and directed by the Clerk, to keep up-to-date the certified copy of the book containing the Code required to be filed in the Clerk s office for use by the public. A copy of the Code of Ordinances can also be seen on the town website: TownofRockland.org. C. Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk or an authorized agent of the Clerk upon the payment of a fee to be set by the Town Board. The Clerk may also arrange for procedures for the periodic supplementation the Code. (State law reference Codification of ordinances, Wis. Stats ) SUBDIVISON AND NUMBERING OF THIS ORDINANCE A. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter DEFINITIONS AND RULES OF CONSTRUCTION A. The following definitions and rules of construction shall apply to this Code and to all ordinances and resolutions unless the context requires otherwise: 1. Generally. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the town board may be effectuated. Words and phrases shall be construed according to the common and approved usage of the language; but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings. This Code shall be interpreted and applied so as to be the minimum requirements adopted for the promotion of public health, safety, comfort, and general welfare. 2. Code. The term Code means the Code of Ordinances, Town of Rockland, Brown County, Wisconsin, as designated in section Computation of time. In computing any period of time, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday, or legal holiday. In any event, the period runs until the end of the next day that is neither a Saturday, Sunday, or legal holiday. When the period of time prescribed or allowed is less 9

10 than seven days, intermediate Saturdays, Sundays, or legal holidays shall be excluded from the computation. 4. Conjunctions. In a provision involving two or more items, conditions, provisions or events, which item, conditions, provisions or events are connected by the conjunction and, or or either or, the conjunction shall be interpreted as follows, except that the terms and and or may be interchangeable: a) And indicates that all the connected terms, conditions, provisions, or events apply. b) Or indicates that the connected terms, conditions, provisions, or events apply singly or in any combination. c) Either or indicates that the connected terms, conditions, provisions or events apply singly but not in combination. 5. County. The term county means Brown County, Wisconsin. 6. Delegation of authority. A provision that authorizes or requires a town officer or town employee to perform an act or make a decision authorizes such officer or employee to act or make a decision through subordinates. 7. Demolition. The wrecking, razing, destruction or removal by any means the partial or entire structure. This definition includes modifications to a structure that result in a reduction or increase in its mass, height, or volume. This definition does not include action necessary for normal maintenance of a structure, including but not limited to the removal/replacement of exterior trim/siding/facing material, deck, interior walls, windows, doors or utility/mechanical equipment. (Added December 16, 2013) 8. Fine. The term fine shall be the equivalent of the word forfeiture, penalty, and vice versa. 9. Forfeiture. The term forfeiture shall be the equivalent of the word fine, penalty and vice versa. 10. Gender. Words of one gender include all other genders. 11. Governing Body. The term governing body means the Town Board of Rockland, Brown County, Wisconsin. 12. Includes. The term includes does not limit a term to a specified example. 13. Joint authority. Words giving a joint authority to three or more persons give such authority to a majority of such persons. 14. May. The term may is to be construed as being permissive and not mandatory. 15. May not. The term may not states a prohibition and has a prohibitory effect 16. Month. The term month means a calendar month. 17. Number (Singular, Plural). Words in singular include the plural. Words in the plural include the singular. 18. Oath. A solemn affirmation is the equivalent to an oath and a person shall be deemed to have sworn if such person makes such an affirmation. 19. Officers, departments, etc. References to officers, departments, boards, commissions, or employees are to town officers, town departments, town boards, town commissions, and town employees. 20. Owner. The term owner as applied to property, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such property. 21. Penalty. The term penalty shall be the equivalent of the word fine, forfeiture, and vice versa. 10

11 22. Person. The term person means any human being, any governmental or political subdivision or public agency, any public or private corporation, any partnership, any firm, association or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing, or any other legal entity. 23. Personal property. The term personal property means any property other than real property. 24. Premises. The term premises as applied to real property, includes land and structures. 25. Property. The term property includes real property, personal property, and mixed property. 26. Public place. The term public place includes any street, sidewalk, park, cemetery, schoolyard, body of water or watercourse, public conveyance, or any place for the sale of merchandise, public accommodation or amusement. 27. Real property. The term real property includes lands, tenements, and hereditaments (heritable property). 28. Shall. The term shall is to be construed as being mandatory and not discretionary. 29. Sidewalk. The term sidewalk means that portion of the street between the curb line and the adjacent property line intended for the use of pedestrians. 30. Signature or subscription by mark. The terms signature and subscription include a mark when the signer or subscriber cannot write. In such situations, such person s name shall be written near the mark by a witness who writes his own name near such person s name. 31. State. The term state means the State of Wisconsin. 32. Street. The term street includes any alley, avenue, boulevard, lane, road, highway, viaduct, or other public thoroughfare. 33. Tenant and occupant. The terms tenant and occupant, as applied to premises, include any person holding a written or oral lease, or who actually occupies the whole or any part of such premises, alone or with others. 34. Tense. The present tense includes the past and future tenses. The future tense includes the present tense. 35. Town. The term town means the Town of Rockland, Brown County, Wisconsin. 36. Town Board. The term town board means the governing body of the Town of Rockland, Brown County, Wisconsin. 37. Week. The term week means a period of seven consecutive days. 38. Wis. Adm. Code. The abbreviation Wis. Adm. Code means Wisconsin Administrative Code, as amended. References to a state act by title are to such act as amended. 39. Wis. Stats. The abbreviation Wis. Stats. means Wisconsin Statues and Annotations, as amended. References to a state act by title are to such act as amended. 40. Writing. The term writing includes any form of recorded message capable of comprehension by ordinary visual means. 41. Year. The term year means a calendar year. (State law reference-construction of statutes, Wis. Stats et seq.) CATCHLINES OF SECTIONS; HISTORY NOTES; REFERENCES A. The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and are not titles of such sections, or of 11

12 any part of the section, nor unless expressly so provided shall they be so deemed when any such section, including the catchline, is amended or reenacted. B. A history note appearing in parentheses after a section in this Code indicates the legislative history and is a declaration by the town board that the section to which the history note applies is a restatement or reenactment of an original ordinance or amendment thereof. Cross references, editor s notes, and state law references that appear in this Code after sections or subsections or that otherwise appear in footnote form are provided for the convenience of the user of the Code and have no legal effect. C. Unless specified otherwise, all references to chapters or sections are to chapters or sections of this code. (State law reference-similar provisions, Wis. Stats (6).) EFFECT OF REPEAL OF ORDINANCES A. Unless specifically provided otherwise, the repeal of an ordinance does not revive any previously repealed ordinance. B. The repeal or amendment of an ordinance does not affect any punishment or penalty incurred before the repeal took effect, nor does such repeal or amendment affect any suit prosecution or proceeding pending at the time of the amendment or repeal. C. The repeal or amendment of an ordinance does not affect any vested right, privilege, obligation or liability. (State law reference-effect of repeal, Wis. Stats ) AMENDMENTS TO CODE; EFFECT OF NEW ORDINANCES; AMENDATORY LANGUAGE A. All ordinances adopted subsequent to this Code that amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of the Code and printed for inclusion in the Code. Portions of this Code repealed by subsequent ordinances may be excluded from this Code by omission from reprinted pages affected thereby. B. Amendments to provisions of this Code may be made with the following language: Section (chapter, article, division or subdivision, as appropriate) of the Code of Ordinances, Town of Rockland, Brown County, Wisconsin is hereby amended to read as follows: C. If a new section, subdivision, division, article or chapter is to be added to the Code, the following language may be used: Section (chapter, article, division or subdivision, as appropriate) of the Code of Ordinances, Town of Rockland, Brown County, Wisconsin is hereby created to read as follows: D. All provisions desired to be repealed should be repealed specifically by section, subdivision, division, article or chapter number, as appropriate, or by setting out the repealed provisions in full in the repealing ordinance. (State law reference-adoption of municipal ordinances. Wis. Stats ) SUPPLEMENTATION OF CODE A. Supplements to this Code shall be prepared and printed whenever authorized or directed by the Town Board. A supplement to this Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of the supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages that have become obsolete or partially obsolete. The new pages shall be so prepared that when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement. B. In preparing a supplement to this Code, all portions of the Code that have been repealed shall be removed from the Code by the omission thereof from reprinted pages. 12

13 C. When preparing a supplement to this Code, the person authorized to prepare the supplement may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as necessary to do so in order to embody them into a unified code. For example, the person may: 1. Arrange the material into appropriate organizational units. 2. Supply appropriate catchlines, headings, and titles for chapters, articles, divisions, subdivisions and sections to be included in the Code and make changes in any such catchlines, headings and titles or in any such catchlines, headings, and titles already in the Code. 3. Assign appropriate numbers to chapters, articles, divisions, subdivisions, and sections to be added to the Code. 4. Where necessary to accommodate new material, change existing numbers assigned to chapters, articles, divisions, subdivisions or sections. 5. Change the words this ordinance or similar words to this chapter, this article, this division, this subdivision, this section or sections to (inserting section numbers to indicate the sections of the Code that embody the substantive sections of the ordinance incorporated in the Code). 6. Make other nonsubstantive changes necessary to preserve the original meaning of the ordinances inserted in the Code GENERAL PENALTY; CONTINUING VIOLATIONS A. In this section, the term violation of this Code means any of the following: 1. Doing an act that is prohibited, or made or declared unlawful, an offense, a violation by ordinance, by statue adopted by reference in this Code, by state rule or regulation adopted by reference in this Code, or by rule or regulation authorized by ordinance. 2. Failure to perform an act that is required to be performed by ordinance, by statute adopted by reference in this Code, by state rule or regulation adopted by reference in this Code or by rule or regulation authorized by ordinance. 3. Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation by ordinance, by statute adopted by reference in this Code, by state rule of regulation adopted by reference in this Code or by rule or regulation authorized by ordinance. B. In this section, the term violation of this Code does not include the failure of a town officer or town employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section. C. Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code shall be punished as follows: 1. For the first offense, by a forfeiture of not more than $500.00, plus costs of prosecution. 2. For each subsequent violation of the same provision by the person, by forfeiture of not more than $1,000.00, plus costs of prosecution. 3. In default of payment of such forfeiture and costs, after complaint is filed and judgment awarded, such person may be committed to the county jail until such forfeiture and costs are paid, except, every commitment shall limit the duration of such imprisonment to a definite term not exceeding 180 days. [Wis. Stats ] D. Except as otherwise provided by law or ordinance, with respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense. Except as otherwise provided by law or ordinance, as to violations that are not continuous with respect to time, each act constitutes a separate offense. 13

14 E. The imposition of a forfeiture does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions. F. Violations of this Code that are continuous with respect to time are a public nuisance and may be abated injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief CITATION METHOD OF ENFORCEMENT A. Enforcement. The town hereby elects, pursuant to the authority of Wis. Stats and , to use the citation method of enforcement of ordinances. All law enforcement officers authorized by the town, in cooperation with the Town officials designated in this section with the responsibility of enforcing the provisions of this Code, are hereby authorized to issue citations for violations of this Code, including ordinances for which a statutory counterpart exits. 1. Rockland Town Zoning Administrator 2. Rockland Town Chairman B. Contents of citation. The citation shall contain the following, as provided in Wis. Stats (1)(b): 1. The name and address of the alleged violator. 2. Factual allegations describing the alleged violation. 3. The time and place of the offense. 4. The number and section of the ordinance violated. 5. A designation of the offense in such manner as can readily be understood by a person making a reasonable effort to do so. 6. The time and date at which the alleged violator may appear in court. 7. A statement which in essence informs the alleged violator: a) That the alleged violator may make a cash deposit of a specified amount to be mailed to a specified official within a specified time. b) That if the alleged violator makes a cash deposit, he or she need not appear in court unless subsequently summoned. c) That if a cash deposit is made and the alleged violator does not appear in court, he will be deemed to have entered a plea of no contest and submitted to a forfeiture, a penalty assessment imposed by Wis. Stats. Chapter 814, and/or Wis. Stats , a jail assessment imposed by Wis. Stats (1), a crime laboratories and drug law enforcement assessment imposed by Wis. Stats , any applicable consumer information assessment imposed by Wis. Stats and any applicable domestic abuse assessment imposed by Wis. Stats (1) not to exceed the amount of the deposit or, if the court does not accept the plea of no contest, a summons will be issued commanding him to appear in court to answer the complaint. d) That if no cash deposit is made and the alleged violator does not appear in court at the time specified, the court may issue a summons or a warrant for the alleged violator s arrest or consider the nonappearance to be a plea of no contest and enter judgment, or the town may commence an action to collect the forfeiture, the penalty assessment imposed by Wis. Stats. Chapter 814, and/or Wis. Stats , the jail assessment imposed by Wis. Stats (1), the crime laboratories and drug law enforcement assessment imposed by Wis. Stats , any applicable consumer information assessment imposed by Wis. Stats and any applicable domestic abuse assessment imposed by Wis. Stats (1). 14

15 e) That if the court finds that the violation involves an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and that the violation resulted in damage to the property of or physical injury to a person other than the alleged violator, the court may summon the alleged violator into court to determine if restitution shall be ordered under Wis. Stats A direction that if the alleged violator elects to make a cash deposit, the statement which accompanies the citation shall be signed to indicate that the statement required under Chapter (B)(7) has been read. Such statement shall be mailed or brought with the cash deposit. 9. Such other information as the town deems necessary. 10. The town board requires that in traffic regulation violation actions, except for parking regulation violations, the uniform traffic citation specified in Wis. Stats shall be used by the Town of Rockland in lieu of the citation form described in subsection (B). 11. The board requires that in actions for violations of the Town of Rockland ordinances enacted in accordance with Wis. Stats (11)(am) or Wis. Stats , the citation form specified in Wis. Stats shall be used in lieu of the citation form described in subsection (B). C. Effects of citation. The citation shall have the legal effect specified in Wis. Stats and , and a duly issued citation shall confer subject matter jurisdiction upon the designated municipal court. D. Designated municipal court or circuit court. The designated court and clerk of court will be stated on the citation, posted on the Town of Rockland website: TownofRockland.org, and on file at the Town Clerk s office. E. Schedule of deposits. 1. A schedule of cash deposits may be established for use with citations issued under this section of the Code by adoption of a resolution by the town board according to the penalty provisions of this Code or the state statutes, whichever is applicable. In the absence of a scheduled or statutorily mandated deposit amount for a particular violation, the deposit amount shall be $100.00, plus applicable court costs and assessments. 2. Deposits shall be made in cash, money order, or certified check to the designated court, clerk of court, or other designated official, who shall provide a receipt for each cash deposit received. F. Procedure. Wis. Stats (3) and any amendments thereto, relating to a violator s options and procedure on default, is hereby adopted and incorporated herein by reference. G. Outstanding unpaid forfeitures. The provisions of Wis. Stats on outstanding unpaid forfeitures is adopted. H. Relationship to other laws. 1. Other Ordinance. Adoption of this section does not preclude the town board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter. 2. Other remedies. The issuance of a citation under this section shall not preclude the town board or any authorized officer from proceeding under any other ordinance or law by any other enforcement method to enforce any ordinance, regulation, or order. (State law references Penalties under county and municipal ordinances, Wis. Stats ; ordinance violations; citations, Wis. Stats et seq.; collection for forfeitures, Wis. Stat et seq.) CONFLICTING PROVISIONS 15

16 A. Different chapters. If the provisions of different chapters conflict with each other, the provisions of each individual chapter shall control all issues arising out of the events and persons intended to be governed by that chapter. B. Different sections. If the provisions of different sections of the same chapter conflict with each other, the provision which is more specific in its application to the events or person raising the conflict shall control over the more general provision SEVERABILITY A. The sections, subsections, paragraphs, sentences, clauses and phrases of this Code and all provisions adopted by reference in this Code are severable so that if any section, subsection, paragraph, sentence, clause and phrase of this Code or of any provision adopted by reference in this Code is declared unconstitutional or invalid by a valid judgment of a court of competent jurisdiction, such judgment shall not affect the validity of any other section, subsection, paragraph, sentence, clause and phrase of this Code or of any provision adopted by reference in this Code; for the board declares that it is its intent that it would have enacted this Code and all provisions adopted by reference in this Code without such invalid or unconstitutional provisions. (State law reference-severability of state statutes, Wis. Stats (11).) ALTERING OR TAMPERING WITH CODE; PENALTIES FOR VIOLATION A. It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code to alter or tamper with such Code in any manner whatsoever which will cause the law of the Town of Rockland to be misrepresented. B. Anyone violation of this section or any part of the Town of Rockland Code of Ordinances shall be subject to the provisions of this ordinance PROVISIONS DEEMED CONTINUATION OF EXISTING ORDINANCES A. The provisions of this Code, insofar as they are substantially the same as legislation previously adopted by the town relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments ESTABLISHMENTS OF FEES, CHARGES, AND PENALTIES A. Wherever a penalty is imposed by the town in this Code; that penalty may be established by ordinance. B. This section in no way prohibits the town board from delegating the authority to establish municipal fees or charges to a town office or department head CODE DOES NOT AFFECT PRIOR OFFENSES OR RIGHTS A. Nothing in this Code or the ordinance adopting this Code affects any offense or act committed or done, any penalty or forfeiture incurred, or any contract or right established before the effective date of this Code. B. The adoption of this Code does not authorize any use or the continuation of any use of a structure or premises in violation of any town ordinance on the effective date of this Code CERTAIN ORDINANCE NOT AFFECTED BY CODE A. Nothing in this Code or the ordinance adopting this Code affects the validity of any ordinance or resolution, or any portion thereof: 1. Establishing or imposing town charges or fees not otherwise specified in this Code. 2. Promising or guaranteeing the payment of money or authorizing the issuance of bonds or other instruments of indebtedness. 16

17 3. Authorizing or approving any contract, deed, or agreement. 4. Making or approving any appropriate or budget. 5. Granting any right or franchise. 6. Providing for salaries or other officer or employee benefits not codified in this Code. 7. Releasing a person from liability. 8. Calling or ordering an election. 9. Establishing or designating polling places or election officials. 10. Adopting or amending the comprehensive plan. 11. Levying or imposing any special assessment. 12. Dedicating, establishing, naming, locating, relocating, opening, paving, widening, repairing, or vacating any street. 13. Establishing the grade or any street or sidewalk. 14. Dedicating, accepting, or vacating any plat or subdivision. 15. Levying or imposing taxes not codified in this Code. 16. Providing traffic or parking regulations for specific locations or routing buses in a manner not inconsistent with this Code. 17. Rezoning specific property or amending the zoning map. 18. Designating and delineating the responsibilities of town officials or department heads as record, management custodians. 19. That is temporary, although general in effect. 20. That is special, although permanent in effect. 21. The purpose of which has been accomplished. B. The ordinances designated in subsection A of this section continue in full force and effect to the same extent as if published at length in this Code EFFECTIVE DATE A. This ordinance shall take effect immediately upon passage and posting (or publication) as provided by law. 17

18 CHAPTER 2 GOVERNING BODY VILLAGE POWERS ADOPTED (History: Resolution of April 5, 1978) A. The town has adopted village powers conferred on village boards under Wis. Stats (3), pursuant to the authority of said town under Wis. Stats (2)(c) CONFIDENTIALITY OF INCOME AND EXPENSES PROVIDED TO ASSESSOR FOR ASSESSMENT PURPOSES (History: # Adopted July 1, 2002) A. ADOPTION 1. This ordinance adopts by reference Wis. Statutes Sec (7) (af). Income and expense information provided by a property owner to an assessor for the purposes of establishing the valuation for assessment purposes by the income method of valuation shall be confidential and not a public record open to inspection or copying under Sec (1) of Wis. Statutes. B. EXCEPTIONS 1. An officer may make disclosure of such information under the following circumstances: a) The assessor has access to such information in the performance of his/her duties; b) The Board of Review may review such information when needed, in its opinion, to decide upon a contested assessment; c) Another person or body has the right to review such information due to the intimate relationship to the duties of an officer or as set by law; d) The officer is complying with a court order; e) The person providing the income and expense information has contested the assessment level at either the Board of Review or by filing a claim for excessive assessment under Sec , in which case the base records are open and public. 18

19 ORDINANCE TO APPOINT ALTERNATE MEMBERS FOR BOARD OF REVIEW (Adopted May 1, 2006) A. AUTHORITY 1. Whereas, Sec (6m) (c) authorizes the appointment of alternate members to serve on the board of review when standing members are removed from individual cases. Now therefore the Town Board of Rockland, Brown County does ordain as follows: B. ADOPTION 1. Pursuant to Sec (6m) (c) and Sec (1) of Wis. Statutes the Town Board hereby provides for the appointment of alternates to serve on the Town Board of Review in the event a standing board member of the Board of Review is removed or unable to serve for any reason. C. APPOINTMENTS 1. The Town Clerk will keep on file the names and addresses of the electors appointed by the Town Board as alternates to the Board of Review. 2. The Town Board will appoint the Board of Review alternates at a regularly scheduled Town Board meeting where such appointments appear on the agenda. D. EFFECTIVE DATE 1. The appointments made in this ordinance are in effect for Board of Review proceedings for the current and succeeding years until such appointments are rescinded by action of the Town Board and effective upon posting as provided by law. 19

20 ORDINANCE TO ESTABLISH SPLIT SHIFTS FOR ELECTION OFFICIALS A. AUTHORITY 1. Whereas, the Town Board of the Town of Rockland, Brown County, Wisconsin has the specific authority under Sec. 7.30(1) Wis. Stats., to adopt this ordinance. B. ADOPTION 1. Whereas, 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 selection of 2 or more sets of officials to work at different times on each election day. Now, therefore the Town Board of Rockland does ordain as follows: C. SPLIT SHIFTS 1. There shall be split shifts for election workers on all election days. 2. Such shifts shall be determined by the Clerk as necessary to meet election worker schedules and Election Day demands. D. EFFECTIVE DATE 1. This ordinance is effective on publication or posting. (History: Adopted December 16, 2013 # )) 20

21 CHAPTER 3 RESERVED FOR FINANCE AND TAXATION 21

22 CHAPTER 4 RESERVED FOR LAW ENFORCEMENT 22

23 CHAPTER 5 RESERVED FOR FIRE PROTECTION 23

24 CHAPTER 6 RESERVED FOR TRAFFIC CODE 24

25 CHAPTER 7 BUILDING CODES ADOPTION OF STATE BUILDING CODES (History: Adoption of Uniform Dwelling Code January 2, 2006; February 4, Adoption of Wisconsin Building Inspector Commercial Work Code March 4, 2002) Authority A. The town board of the town has the authority under s.60.61, s Wis. Stats, and general authority under its village powers under s Wis. Stats., to adopt this ordinance Purpose A. The purpose of this ordinance is to promote the general health, safety, and welfare and to maintain required local uniformity with the administrative and technical requirements of the Wisconsin Uniform Dwelling Code and the Wisconsin Commercial Building Code. B. The purpose of this ordinance is for the town to have information regarding the type, size, and location of all buildings and structures constructed, reconstructed, remodeled, removed, or demolished after the effective date of this ordinance Definitions A. Building means any building or structure and any installation constructed, reconstructed, remodeled, enlarged, altered, removed, or demolished for any use within the town, including but not limited to one- and two-family dwellings, manufactured homes, mobile homes, temporary or seasonal dwellings, garages, agricultural structures, and outbuildings. B. Owner means any person having a legal or equitable interest in a building. Owner does not include any person whose legal or equitable interest in a building is a security interest derived solely from the extension credit to permit construction or remodeling of the building or purchase of the building by a third party. C. Town means the Town of Rockland, Brown County, Wisconsin, and includes the town s officers, employees, and agents when appropriate. D. Town board means the Town Board for the Town of Rockland, or any person designated to act for the town board. E. Town Clerk means the Clerk of the Town of Rockland or his or her deputy or agent. F. Wis. Stats. means the Wisconsin Statutes, including successor provisions Wisconsin Uniform Dwelling Code A. The Wisconsin Uniform Dwelling Code, Chs. Comm. 20 to 25 of the Wisconsin Administrative Code, and all subsequent amendments, additions, recodifications thereto are hereby adopted and incorporated by reference and shall apply to the construction, structural remodeling, and inspection of one and two family dwellings built since June 1, 1980 as well as the construction, structural remodeling, and inspection of garages and other outbuildings Wisconsin Commercial Building Code A. The Wisconsin Administrative Code Chapters Comm. 61 to 65 and all subsequent amendments, additions and recodifications thereto are hereby adopted and shall apply to the design, construction, maintenance and inspection of public buildings, including multifamily dwellings, and places of employment, as well as additions or alterations to all existing public buildings, including multifamily dwellings, and places of employment. 25

26 Building inspector A. There is hereby created the position of Building Inspector, who shall administer and enforce this ordinance and shall be certified by the Division of Safety & Buildings, as specified by Wisconsin Statutes, Section (2), in the category of Uniform Dwelling Code Construction Inspector. Additionally, this or other assistant inspectors shall possess the certification categories of UDC HVAC, UDC Electrical, and UDC Plumbing Building permit required A. The owner of any building or structure in the town who constructs, installs, remodels, reconstructs, enlarges, alters, removes, or demolishes any building or structure within the town shall seek and obtain from the town a Town building permit prior to commencing, or causing the commencement of, any construction, installation, remodeling reconstruction, enlargement, altering, removing, or demolishing of any building. B. Any structural changes or major changes to mechanical systems that involve extensions shall require permits Other requirements remain applicable A. The issuance of this Town building permit does not relieve the owner from any of the following: 1. Obtaining any permit that may be required by any other state law or local ordinance including but not limited to any of the following: a) Sanitary permits b) Town, county, or state driveway permits c) Any other applicable permit under town or county ordinance or state law. d) Complying with any other requirement, ordinance, or law, including, but not limited to, those governing zoning, subdivision, land division, and setbacks. B. Any of the above building permit requirements does not guarantee the applicant the issuance of a building permit. C. Building Permit Fee. 1. The building permit fees shall be determined by resolution of the Town Board and include the fee for the Wisconsin Department of Commerce UDC permit seal that shall be assigned to any new dwelling. 2. The building permit fees are stated on the Town of Rockland Building Permit Fee Schedule posted on the town website: TownofRockland.org and on file in the town clerk s office Inspections A. Building inspector sign-off sheet 1. No work shall be done on any part of a building or structure beyond the point indicated in each successive inspection without first obtaining approval of the Building Inspector. Upon notification by the permit holder or agent of the completion of each of the respective steps in construction, the Building Inspector or authorized agent shall make successive inspections and shall either approve that portion of the construction as completed or notify the permit holder or an agent wherein the same fails to comply with the law. 2. The Building Inspector shall keep a record of such inspections and include them on a sign-off sheet that will remain properly located on the job site on the doorframe of the first floor bathroom or garage area. No work shall commence on any portion of the building or structure without signature by the Building Inspector on the proper line item 26