Ordinances

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This section of the website is posted as a courtesy and is not all inclusive. For all ordinances contact the Town Clerk.

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1.0 - 1.04 Reserved for Future Use

1.05 STANDING COMMITTEES.

(1) Authority and Creation of Standing Committees.

The Town shall have the following standing committee, with the membership as indicated:

a) Parks and Environment Committee to consist of three (3) members with one (1) Board member.

(2) Eligibility, Appointment and Term.

The Town Chairperson shall solicit names of electors of the Town who wish to serve on standing committees. Only electors of the Town shall be eligible for consideration. Appointments to standing committees shall be made by the Town Chairperson, subject to confirmation by the Town Board. In general, regular appointments shall be presented by the Town Chairperson to the Town Board at the first scheduled meeting in April. Approval of the recommendation by a majority vote of the Town Board members present shall be considered approval of the nominee. The regular term for an appointment commences on the first day of May. To provide for continuity on standing committees, initial appointments to a standing committee shall be for one (1), two (2) and three (3) year terms, respectively. Thereafter, persons shall be appointed for terms of two (2) years.

(3) Vacancy.

A vacancy prior to expiration of a term shall be created upon the occurrence of any of the following: resignation, end of status as an elector in the Town, removal as provided for appointive officers in Wisconsin Statutes sec. 17.13(1) (2009-2010) (as may be amended), disability or incapacity, excessive absences as determined in the sole discretion of the Town Board, andlor temporary incapacity from any cause that unduly limits the discharge of duty as determined in the sole discretion of the Town Board. Upon the creation of a vacancy, the Town Chairperson shall promptly appoint member(s) to the standing committee(s) to serve out the remainder of the term, subject to confirmation by the Town Board.

(4) Duties and Authority.

Standing committees shall have such duties and responsibilities as prescribed by the Town Chairperson, the Town Board, and Town ordinances. Each standing committee shall make recommendations to the Board as the committee deems appropriate or as may be directed by the Board. Standing committees may involve consultants with expertise in the subject matter being considered by the committee, provided that the committee shall not incur any expense without first obtaining Board approval. · "

(5) Compensation and Expenses.

Members of standing committees are not entitled to compensation, but may receive compensation in the form of an annual salary, a per diem compensation, or a combination of the two, as determined by resolution of the Town Board. Reimbursement of expenses shall be made as set forth in Wisconsin Statutes sec. 60.321, if so determined by resolution of the Town Board. As indicated above, standing committees shall not incur expenses for any consultants without first obtaining approval by the Town Board.

(6) Subject to Open Meetings and Records Requirements.

All meetings shall be held in a manner consistent with Town ordinances and all other applicable laws, including open meeting and records laws. (See Wisconsin Statutes sees. 19.81- 19.85.) Standing committees shall designate a secretary for each meeting and promptly provide the minutes to the Town Clerk, who shall serve as the records custodian for the standing committee.

1.06 AD HOC OR LIMITED TERM COMMITTEES.

The Town may establish ad hoc committees for a limited term or purpose, as deemed necessary. Ad hoc committees require authorization by resolution of the Town Board, written authorization by the Town Chairperson acting unilaterally, or written authorization of two Town Board members. To the full extent practicable, and except as otherwise indicated by the authorizing document, the general provisions of the Town Ordinances on Standing Committees shall apply to ad hoc committees. (See Town Ordinance 1.05.)

1.11 TOWN OF DUNKIRK HISTORICAL COMMISSION.

There is hereby established the Town of Dunkirk Historical Commission (hereinafter the "Commission").

(1) Purpose.

The Commission is established to preserve and protect the history of the Town including materials of historical, educational and aesthetic merit.

(2) Commission Membership.

The Commission shall consist of three (3) members who shall be appointed by the Town Chairperson subject to confirmation by the Town Board. One ofthe Commission members may also be a member of the Town Board. The members of the Commission shall be individuals who have an interest in preserving the history of the Town. At least two (2) of the Commission members shall be electors of the Town. " .

(3) Appointment and Term; Compensation.

Commission members shall be appointed in the same manner as members of standing committees. Each Commission member shall serve for a term of three (3) years. Commission members shall serve without pay, but may be reimbursed for any expenditures in the conduct of Commission business when so authorized by the Board.

(4) Officers.

The Commission members shall elect a chairperson, vice-chairperson, and such other officers deemed necessary from its membership.

(e) Commission Meetings. The Commission shall meet at least quarterly (four times per year) and the chairperson shall report the Commission's activities to the Board on a regular basis. All Commission meetings shall be held in a manner consistent with the ordinances of the Town and all other applicable laws, including open meeting laws. The Commission shall designate a secretary for each meeting and promptly provide the minutes to the Town Clerk.

(f) Policies and Procedures. The Commission may develop, from time to time, policies and procedures relating to, among other things, the acceptance, rejection, and disposal of gifts of papers or property, supporting memberships, and fundraising, which policies or procedures shall be reviewed and approved by the Town Board before becoming effective.

(g) Applicability of Town Ordinance on Standing Committees. To the full extent practicable, and except as otherwise indicated in this section 1.11 above, the general provisions of the Town Ordinances on Standing Committees shall apply to the Commission. (See Town Ordinance 1.05.) Effective Date. The above ordinances shall take effect upon passage and publication.

1.10 APPOINTED OFFICIALS

(1) Appointments.

(a) How Made.

The Town Chair or a Town Supervisor may advance an individual's name for appointment. All appointments must be approved by a majority vote of the Town Board, unless otherwise specifically provided by ordinance, resolution or contract approved by the Town Board.

(b) When Made; Length of Appointment.

Unless otherwise specifically provided by ordinance, resolution or contract approved by the Town Board, all appointments and reappointments shall be made at the first regular meeting in June and all appointments shall run for a two (2) year period commencing on July pt.

(c) Reappointment.

During the 60 day period prior to reappointment, the Town Board will contact the appointed official to determine if he or she is seeking reappointment. During said period, the Town Board may also elect to seek applications from others who may be interested in filling the position.

(d) Removal from Office.

Unless otherwise specifically provided by ordinance, resolution or contract approved by the Town Board, all appointed officials shall be subject to removal under Wis. Stats. § 17.13(1) (1999-2000) .

(e) Vacancies; Appointments Mid -Year.

In the event that a vacancy exists, or it is otherwise necessary to make an appointment at other than the time set forth in Town Ord. §1.1O(1)(b), the appointment shall be made within 60 days of the creation of the vacancy. During the 60 day period, the Town Board shall seek applications from others who may be interested in filling the position. The length of the term shall be that necessary to complete the term in which a vacancy was created.

(2) Positions.

Appointments shall be made for the offices of the Town Attorney, Town Building Inspector and Town Assessor. If deemed appropriate by the Town Board, the official shall serve in accordance with a written job description or contract approved by the Town Board. If the Town Board does not expressly approve a written job description or contract, the official's duties shall include those duties customarily associated with the positions and his or her service shall be at the pleasure of the Town Board.

1.15 ORDINANCES ORIGINATED BY MOTION.

All proposed new ordinances shall originate in a motion by a member of the Board. The motion may be either that an ordinance be drafted to accomplish some particular end or regulate some type of conduct or that the Board adopt a specific ordinance of which a draft already exists,

which draft shall then be incorporated in the motion.

1.16 GENERAL REQUIREMENT FOR REVIEW. PUBLIC HEARING

Every proposed ordinance shall undergo an initial review and, if necessary, revision by the Board; a legal review by the Town Attorney, which may lead to further revision by the Board; and a public hearing. No ordinance shall be adopted which has not first been the subject of a

public hearing noticed in the same manner as a regular town Board meeting by publication in the Town newspaper of'record. Pending the public hearing, proposed ordinances will be available for review at the Town Hall. If practical, copies will be provided to the public on request.

(1) If the motion proposing a new ordinance incorporates a draft ordinance, the board may proceed to initial review and revision immediately. After legal review by the Town Attorney a public hearing may be scheduled at which the proposed ordinance will be considered and after which the proposed ordinance shall be finally voted on by the Board. The length and formality of legal review shall depend on the specific ordinance being considered. In an appropriate situation where the Town Attorney is present or has been provided an advance copy of a proposed ordinance, the requirement for legal review could be met and a public hearing scheduled at the same meeting at which the motion proposing the new ordinance is originally adopted.

(2) If the motion proposing a new ordinance does not incorporate a draft ordinance, the board shall designate someone to draft the proposed new ordinance. The Board shall schedule a date on which the proposed draft shall be reviewed for the first time by the Board. It may instruct the drafter to submit the draft to the Town Attorney for review before the initial review meeting or may submit the revised draft for legal review. If the Town Attorney is the drafter, the legal review requirement will be deemed to have been met. After the Board has reviewed and revised the proposed ordinance as often as it deems necessary, it shall schedule the proposed ordinance for public hearing.

1.17 ADDING EXISTING ORDlNANCES TO THE CODE OF GENERAL ORDINANCES.

Ordinances which have been adopted by the Board prior to the adoption of this section of the Code of General Ordinances may be renumbered and modified, without changing their meaning or effect, so that they may be added to the Code without the necessity for a public bearing. Any existing ordinances to be adapted for inclusion in the Code shall be reviewed by the Board before it adopts an ordinance adding them to the Code. Notice of such review shall appear in the Town Board agenda prior to such review and adoption .

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2.01 COURT ESTABLISHED.

The Municipal Court for the City of Stoughton (“City”) and the Towns of Dunkirk, Rutland and Pleasant Springs (“Towns”), created by chapter 755 of the Wisconsin Statutes, is hereby established and shall become operative and functional on the effective date of this ordinance.

2.02 JURISDICTION.

The Municipal Court shall have exclusive jurisdiction of offenses against the ordinances of the City and Towns and shall exercise such jurisdiction to the fullest extent permitted under Wisconsin law.

2.03 MUNICIPAL JUDGE.

The Municipal Court shall be presided over by a Municipal Judge.

(a) Election; Term.

The Municipal Judge shall be elected at large by the electors of the City and the Towns at the spring election in even numbered years for a term of two years, or until a successor is elected and qualifies, commencing on May 1 succeeding his election. Mid-term vacancies in the office of Municipal Judge shall be filled by appointment pursuant to section 8.50(4)(fm). Wis. Stats., as agreed upon by the City and Towns.

(b) Salary.

The Municipal Judge shall receive a monthly salary paid by the City which shall be in lieu of fees and costs. No salary shall be paid to the Judge for any time during his term for which he has not executed and filed his official bond and oath as required by paragraph (d).

(c) Bond; Oath.

The Municipal Judge shall execute and file with the Clerk of the Courts for Dane County the oath prescribed by section 757.02, Wis. Stats., and a bond. The Municipal Judge shall not be qualified to act until a certified copy of the bond is filed with the City Clerk and a certified copy of the oath is filed with the office of the State Administrator of Courts as required by Section 755.03, Wis. Stats.

(d) Authority

The Municipal Judge shall exercise such authority of the office to the fullest extent permitted under Wisconsin law.

(e) Sessions.

The Municipal Court shall be open on the days and hours set by order of the Municipal Judge.

2.04 LOCATION.

The Municipal Judge shall keep his office and hold court in the City Hall.

2.05 PROCEDURE.

The procedure in Municipal Court shall be as provided by this section and State law including. without limitation because of enumeration, chapters 800, 755 and sections 23.66 to 23.99. 288.14, 288.15, 288.18 and 345.20 to 345.53, Wis. Stats.

2.06 COLLECTION AND RETURN OF FORFEITURES.

The Municipal Judge shall collect all forfeitures. penalty assessments, fees and taxable costs in any action or proceeding before him or her and shall pay over such moneys to the City Treasurer within seven days of collection. At such time. the Municipal Judge shall also report to the City Treasurer the title, nature of offenses, and total amount of judgements imposed in actions and proceedings in which such moneys were collected.

2.07 CONTEMPT OF COURT.

The Municipal Judge, after affording an opportunity to the person to be heard in defense, may punish for contempt of Municipal Court persons guilty of either of the following acts and no other:

(a) Disorderly, contemptuous and insolent behavior toward the Judge while engaged in any judicial proceeding or other conduct which tends to interrupt the proceedings or to impair the respect due the Judge's authority.

(b) Resistance of or disobedience to any lawful order of process made or issued by the Judge. The Municipal Judge may, upon finding any person guilty of contempt, order such person to forfeit not more than $50 plus 15% penalty assessment under section 165.87, Wis. Stats. Upon nonpayment of the forfeiture and penalty, the person found guilty of contempt may be sentenced to the County Jail not to exceed seven days.

2.08 STIPULATIONS AND DEPOSITS IN MUNICIPAL COURT.

( a ) Deposit Schedule to be Established .

The Municipal Judge shall establish and submit to the City Council for approval in accordance with section 800.03(3), Wis. Stats., a schedule of deposits for violations of City ordinances, except traffic regulations which are governed by section 345.27 Wis. Stats. and boating violations governed by section 23.67, Wis. Stats. When approved by the Council, such deposit schedule shall be posted in the office of the Municipal Court Clerk and the City Police Department. The Municipal Judge shall establish and submit to the Town Boards for approval in accordance with section 800.03(3), Wis. Stats., a schedule of deposits for violations of Town ordinances except traffic regulations which are governed by section 345.27, Wis. Stats., and boating violations governed by section 23.67, Wis. Stats. When approved by the Town Boards, such deposit schedules shall be posted at the Town Halls.

(b) Stipulation and Deposit in Lieu of Court Appearance.

Persons cited for violations of City or Town ordinances for which a deposit has been established under this subsection shall be permitted to make a stipulation of no contest and a deposit in lieu of court appearance as provided in sections 800.03, 800.04 and 800.09, Wis. Stats.

(c) Traffic and Boating Deposits.

The deposit schedule established by the Wisconsin Judicial Conference and the procedures set forth in chapters 23 and 345, Wis. Stats., shall apply to stipulations and deposits for violations of traffic regulations enacted in accordance with section 345.27 and boating regulations enacted in accordance with section 30.77, Wis. Stats.

(d) When not Permitted.

Stipulations and deposits shall not be permitted after initial appearance or in cases of contempt under subsection (8).

2.09 ADMINISTERING AGREEMENT.

The Common Council and Town Boards are authorized to enter into an agreement to share the costs of maintaining the Municipal Court.

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03.01 PREPARATION OF TAX ROLL.

(1) OBLIGATION TO PAY

(a) Pursuant to s. 70.67

(2), Stats.,

the Town of Dunkirk, Dane County, Wisconsin, hereby assumes the obligation to pay all taxes required by law to be paid by the Town treasurer to the County treasurer within any tax year, in the event the duly elected Town treasurer shall fail to do so.

(3) EFFECTIVE DATE

(a) This section shall take effect upon passage and publication.

03.02 ANNUAL BUDGET AND FINANCIAL STATEMENT

(1) FISCAL YEAR AND ANNUAL BUDGET

The Town's fiscal year shall be from January 1 thru December 31 and a Town budget shall be adopted annually.

(2) PREPARATION

The Town Board is responsible for preparation of the proposed budget required under s.65.90, Stats. In preparing the budget, the Board may provide for assistance by any person.

(3) PUBLIC HEARING

(a) The Town Board shall conduct a budget hearing as required under s. 65.90, Stats.

(b) An attendance list, which indicates the person's name and address, shall be provided by the clerk. Appearance slips shall be used to assist in the orderly presentation of testimony. Electors of the Town shall be given preference regarding the order in which any testimony is heard.

(4) ADOPTION

(a) Following the budget hearing, the Town Board shall vote to adopt the Town budget for the following fiscal year.

(b) The Town budget may be amended by the Town Board, under s. 65.90(5), Stats.

(5) FINANCIAL STATEMENT

The Town Board shall annually prepare a statement of the financial condition of the Town and shall present the statement to the Town meeting. In preparing the statement, the Board may provide for assistance from any person. The statement shall itemize the previous year's revenues and expenditures, and the current indebtedness of the Town.

(6) EFFECTIVE DATE

This section shall take effect upon passage and publication.

03.03 CONFIDENTIALITY OF INCOME AND EXPENSES PROVIDED TO ASSESSOR FOR ASSESSMENT PURPOSES

(1) This ordinance adopts by reference Wis. Statutes Sec. 70.47 (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. 19.35 (1) of Wis. Statutes.

(2) Exceptions.

An officer may make disclosure of such information under the following circumstances:

(a) The assessor has access to such information in the performance ofhis/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 office 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. 74.37 , in which case the base records are open and public.

(3) Severability.

The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and shall not affect the validity of any other provisions, sections, or portions thereof of the ordinance. The remainder of the ordinance shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict.

(4) Effective Date.

This ordinance shall take effect immediately upon passage and posting as provided by law.

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4.01 LANDOWNER'S EXPENSE

The expense of all new highway dedication, including purchase of lands therefor, preparation and construction, including the initial black-top thereof, shall be borne by the landowner.

4.02 VIEWING PROPOSED HIGHWAYS

Any person intending to dedicate to the Town any new highway shall first notify the Town Board thereof in writing and an on-the-site meeting of the applicant and the Town Board will be had, after which the Town Board shall make recommendations as to the location and extent of said proposed highway.

4.03 DESCRIBING PROPOSED HIGHWAYS

All applicants making application to dedicate a public Town highway must submit to the Town Board a complete legal description, including a survey and scale map of the proposed highway and land development by way of subdivision, preliminary plat or certified survey. Applications for highway dedication shall be in accordance with Chapter 80, Wisconsin Statutes, a part of a legal plat or certified surveyor by legal deed or road conveyance as approved by the Town Board.

4.04 STANDARDS OF ROAD CONSTRUCTION

All roads will be constructed in accordance with the requirements and specifications of law and the order of the Town Board, which will be generally the construction requirements used by Dane County in constructing county highways. The construction of the road will take into consideration the suitability and position of culverts for cross road drainage. The Town Board shall determine the standard of road bed condition and the time when same will be surfaced and covered with hot-mix asphalt, which shall be applied in accordance with State of Wisconsin specifications.

4.05 RELEASE OF DAMAGES

All applications for dedications of highways shall be accompanied by a release of damages from the landowner over which the road is to be dedicated and the applicant shall prepare all legal documents, necessary orders for signature by the Town Chair and Clerk, along with any and all necessary documents for filing and recording, the cost of which shall be borne by the applicant.

4.06 COMPLETION OF HIGHWAY- BONDING

Prior to the approving of any plat~ certified surveyor dedication of any highway, the applicant shall either first complete said highway construction to the satisfaction of the Town Board for all or part of said construction or post a bond in an amount to be determined by the Town Board, furnished by a responsible bonding company, guaranteeing the Town sufficient money to pay the current cost of completing said highway, including the hot-mix black-topping of same. In lieu of the requirement of posting bond, the applicant may deposit cash or an irrevocable letter of credit, approved by the Board, with the Town Treasurer.

4.07 REGULATION OF PRIVATE SNOW REMOVAL

No person shall allow snow or ice which is removed from private property or from public property which a private property owner has the obligation to clear (private removal area), to be deposited in the public ways or in areas expected to be cleared or which are ordinarily cleared by the Town of Dunkirk (municipal removal area). Any blowing, throwing, pushing, carrying or otherwise depositing snow or ice from a private removal area onto a municipal removal area without immediately removing the said snow or ice from such municipal removal area shall constitute a violation of this ordinance. Owners of private property within the Town shall be responsible for ensuring that snow or ice from their private removal areas is disposed of in accordance herewith.

4.08 PENALTY

Violators of this section shall be subject to a Class B forfeiture as set forth in Chapter 17 of this code.

4.09 IMPOSITION OF SPECIAL ASSESSMENT

In addition to the forfeiture provided for above, if any owner of a private removal area deposits or permits the deposit of ice or snow from such area onto a municipal removal area without immediately removing the same, the Town Road Supervisor may cause the said snow or ice to be removed by the Town. Upon such removal the Road Supervisor shall report the cost thereof to the Town Clerk. Pursuant to § 66.62 Wis. Stats., the cost of such removal(s) shall be deemed to be a public work or improvement and a benefit to the property on which the snow or ice originated. The Town Clerk shall charge said cost as a special assessment against such property. Whenever the Town Clerk determines to make such special assessment, he or she shall provide written notice of such intent to the affected property owner and said owner shall have ten (10) days from the date to seek a hearing before the Town Board relative to such special assessment.

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5.01. REPEAL OF PRIOR ORDINANCES.

All prior Town ordinances whose primary purpose was the regulation of the sale and use of alcohol beverages are repealed.

5.02. STATE ALCOHOL BEVERAGES LAWS ADOPTED.

Except as otherwise specifically provided herein, the statutory provisions of Chapter 125 of the Wisconsin Statutes including penalty provisions contained therein, exclusive of fines or terms of imprisonment, are hereby adopted and by this reference made a part of this ordinance as if fully set forth herein. Any future amendments, revisions or modifications of the said incorporated provisions, shall become a part of this ordinance without the need for further action by the Town.

5.03. REGULATION OF HOURS.

(1) Class “A”

No person may sell fermented malt beverages on Class “A” licensed premises between the hours of nine (9) p.m. and eight (8) a.m., although said premises may remain open for the conduct of other regular business.

(2) "Class A"

No person may sell intoxicating liquor on “Class A" licensed premises in an original unopened package, container or bottle or for consumption away from the premises between the hours of nine (9) p.m. and eight (8) a.m.

(3) Class “B”

No person may sell fermented malt beverages on Class "B" licensed premises in an original unopened package, container or bottle or for consumption away from the premises between the hours of nine (9) p.m. and eight (8) a.m.

(4) “Class B”

No person may sell intoxicating liquor on “Class B” licensed premises in an original unopened package, container or bottle or for consumption away from the premises between the hours of nine (9) p.m. and eight (8) a.m.

(5) “Class C”.

No person may sell wine on “Class C” licensed premises for consumption on said premises between the hours of two (2) a.m. and eight (8) a.m.

(6) Hours When Closed

During hours when premises licensed hereunder are not open for business pursuant to this chapter, the licensee shall ensure that only the licensee, employees, salespersons or service personnel are present on such premises and even such persons may be present only when and so long as they are performing job related activities.

5.04. LICENSES.

(1) No Sales Without License, Fees, Terms

Every person (except those under immediate supervision of an appropriate person - see §125.17, 125.32 and 125.68 Wis. Stats.) in the Town of Dunkirk who sells alcohol beverages with one-half of one percent (1/2 of 1%) of alcohol by volume or more and manufacturers, wholesalers, retailers and distributors of such beverages in the Town of Dunkirk, shall seek and obtain the following applicable licensees) from the Town of Dunkirk:

a) “Class “B” Winery License [125.51(3)(am)]

b) “Class “A” (Fermented Malt Beverages) License [§125.25]

c) “Class “B” (Fermented Malt Beverages) License [§125.26]

d) “Class A" (Intoxicating Liquor) License [§125.51(2)]

e) "Class B” (Intoxicating Liquor) License [§125.51(3)(b)]

f) "Class C" Retail Wine (Consumed on Premises) License [121.51(3m)]

g) Temporary Class “B” (picnic) Fermented Malt Beverage License [125.26(6)]

h) Temporary "Class B” (picnic) Wine License [125.51(10)]

i) Operator's License [125.17(1)-(3)]

j) Manager's License [125.18, 125.32(1) and 125.68(1)]

The fees for such license(s) are as noted on the Town of Cottage Grove Alcohol Beverage License Application adopted hereinafter. Said fees may be reviewed and modified upon the request of the Town Clerk or on motion of any supervisor. Except as otherwise specifically noted, terms of licenses shall be from July 1 of one year to June 30 of the following year.

(2) Issuance of Licenses.

a) The Town Clerk is hereby delegated the authority to issue operators and managers licenses in compliance with the terms of this ordinance and applicable Wisconsin Statutes. The Board retains the power and obligation to decide on all other licenses.

b) The Town of Dunkirk Alcohol Beverage License Application attached hereto and marked Exhibit A is hereby adopted and made a part of this ordinance as though fully set forth herein.

c) The Town shall provide one copy of this ordinance at no cost to any applicant for a license hereunder or to any member of the public.

d) No person or corporation shall be issued or reissued any alcohol beverage license in the Town of Dunkirk unless:

• the applicant will be at least 18 years of age at the time of issuance (21 years in the case of a Managers license);

• the appropriate fee has been paid;

• all relevant portions of the Town of Dunkirk Alcohol Beverage License Application have been fully completed;

• except as provided in Stats. 125.17(6), such applicant or its agent has successfully completed a responsible beverage servers course;

• the statutory waiting period for issuance of a license has passed (see Stats. 125 .04 (3)(f) ;

• the applicant holds a seller's permit from the State of Wisconsin;

• notice thereof has been published as a class 1 notice containing the name and address of the applicant, the kind of license applied for, and the location of the premises to be licensed. The applicant for a license shall deposit the fees required for such publication with the Town Clerk at the time of filing the application, and the Town Clerk shall thereupon cause such publication to be made.

e) If an applicant for a license has an arrest or conviction record which, in the opinion of the Clerk, disqualifies him or her from holding an operators or managers license, the clerk will, in consultation with the Town Attorney, refuse to issue such license and will specify the reasons for such refusal in writing to the applicant. In no event will the application fee be refunded since such fee is intended to cover the cost of a background check.

f) No corporation shall be issued a license unless it appoints an agent, by written corporate resolution and endows that agent with all powers required by the provisions of Stats. 125.04(6). Successor agents must meet the same qualifications.

g) No license for any premises shall be issued if that premises has unresolved building code violations or unpaid and delinquent taxes or assessments. Every premises to be licensed shall have an operating telephone on the premises to summon help in an emergency.

5.05. POSTING AND CARE OF LICENSES.

Every license issued under this chapter shall be posted and at all times displayed as provided in Stats. 125.4(10). No person shall post such license or permit any other person to post it upon premises other than those mentioned in the application, or deface or destroy such license.

5.06. REVOCATION AND SUSPENSION OF LICENSES.

Whenever the holder of any license under this chapter violates any portion of this chapter, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by Stats. 125.12 and the provisions therein relating to granting a new license shall likewise be applicable.

5.07. AUTOMATIC REVOCATION.

Any license issued under the provisions of this chapter shall stand revoked without further proceedings upon the conviction of a licensee or employee, agent or representative thereof for a second offense within one calendar year under this chapter or for a violation of Chs. 125 or 139, Wis. Stats., or any other State or Federal liquor or fermented malt beverage laws or of any felony.

5.08. NONRENEWAL OF LICENSES.

Before renewal of any license issued under this chapter is refused, the licensee shall be given written notice of any charges or violations against him or her or the reasons proposed for nonrenewal and a copy of any proposed motion for nonrenewal and shall have an opportunity to be heard before the Town Board on such motion.

5.09. CANCELLATION OR FORFEITURE OF LICENSE, FEES NOT REFUNDED

If any license except an operators or manager1s license issued hereunder is not used within 15 days after its issuance, or if after its issuance its usage is discontinued for a period of 15 days or more, the license may be cancelled by the Town Board. If any license issued under this chapter is revoked for cause or is voluntarily surrendered, no refund shall be made of any part of the license fee.

5.10. EFFECT OF REVOCATION OF LICENSE.

Whenever any license has been revoked, at least 6 months from the time of such revocation shall elapse before another license shall be granted for the same premises and 12 months shall elapse before another license shall be granted to the person whose license was revoked.

5.11. DELINQUENT TAXES, ASSESSMENTS, AND CLAIMS.

No license shall be granted for any premises for which taxes, assessments or other claims of the Town are delinquent and unpaid, or to any person delinquent in payment of such claims to the Town.

5.12. SEARCH OF LICENSED PREMISES.

It is a condition of any license issued hereunder that the licensed premises may be entered and inspected at any reasonable hour by any peace officer without a warrant and application for a license hereunder shall be deemed a consent to this provision. Any refusal to permit such inspection shall automatically operate as a revocation of any license issued hereunder and shall be a violation of this section.

5.13. PENALTIES.

Any person who violates any provision of this ordinance shall be subject to the forfeitures and other penalties set forth in Chapter 125 Wisconsin Statutes, exclusive of penalties which provide for fines or terms of imprisonment and if no specific forfeiture is provided, shall be subject to a forfeiture of not more than Five Hundred Dollars ($500.00) together with court costs.

5.14. EFFECTIVE DATE.

Sections 5.00 - 5.12 shall take effect the day following the publication of the ordinance adopting them.

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6.01 TITLE AND PURPOSE.

This ordinance is entitled "Emergency Government". Its purpose is to comply with the requirements of Chapter 166 of the Wisconsin Statutes, Emergency Government, by adopting an effective program of Emergency Government consistent with the State Plan.

6.02 COMMITTEE ON EMERGENCY GOVERNMENT.

The Committee on Emergency Government shall be a combination of appointive members and ex officio members.

Appointive Members:

Three (3) members shall be appointed by the Board of the Town of Dunkirk. At least one shall be a member of the board. Each board appointed member shall serve a term of two years and may be reappointed for one or more successive terms. In the event there is a vacancy on the Committee, the board shall. within forty-five days of such vacancy, appoint a new member to serve out the unexpired term. Where a term has expired and there has been no appointment to the new term. the incumbent committee member may continue in office arid continue to act until such appointment is made.

In addition to Board appointed members, the Committee shall be entitled to appoint as members such other persons, including representatives of significant community entities, as it deems necessary or desirable to carry out its functions.

Committee appointees shall also serve two year terms and may be reappointed.

Ex-Officio Members:

The incumbents of the following offices or their appointees shall be members of the Committee:

• The Chair of the Town

• The Town Constable

• The Chief of the Volunteer Fire Department (City of Stoughton), or his or her representative.

• - The Director or other officer of the Emergency Medica Services District.

Organization and Meeting:

Except as hereinafter specifically provided, the committee shall organize itself and conduct its meetings and business as it deems best. Until the Committee shall make a different rule, a quorum of the Committee shall be two of the three Board appointed members and two of the five ex officio members.

6.03 HEAD OF EMERGENCY GOVERNMENT SERVICES.

At its first meeting following the passage of this ordinance and the appointment of members by the Board, the Committee

on Emergency Government shall elect a chair. The election of such chair shall constitute a nomination of the person so elected

for appointment by the Board as Head of Emergency Government Services (HEGS).

The Committee will immediately advise the Board, in writing, of the election of such chair. The said chair shall be and he or she hereby is appointed HEGS effective with the date of election unless the Board acts to cancel such appointment within 30 days of the date of the written notification referred to. If an appointment is canceled, the Committee shall elect a new chair and said chair shall become HEGS in the same manner unless his or her appointment is canceled.

The HEGS shall serve for a term of two years. At the expiration of a term or upon a vacancy in the office, the Committee shall elect a new chair who shall be HEGS unless such appointment is canceled as set forth above. A HEGS may be reappointed for one or more successive terms. In the event a HEGS's term expires before a new appointment has been made, the incumbent HEGS may continue in office and continue to act until an appointment is made.

6.04 PLAN OF EMERGENCY GOVERNMENT SERVICES.

The HEGS shall, in consultation with the Committee on Emergency Government, develop a comprehensive plan of Emergency Government, consistent with the State plan for Emergency Government.

Said plan shall include but not necessarily be limited to provisions for declarations of emergency, chain of command and succession during emergencies, regulations to go into effect during emergencies, planning for evacuation, provision of temporary emergency shelters, training of Town employees or volunteers in handling of emergencies, planning for equipment to be available in emergencies, coordination with county and state authorities during emergencies and dealing with hazardous substances or materials in the event of fire, accident or other emergency. Said plan shall also include provision for amendment by the Committee after its initial approval in accordance herewith.

When the said plan has been completed, the same shall be submitted, together with a proposed first year budget, to the Board for discussion and possible revision. A final plan shall then be adopted by resolution. The said resolution shall also contain an appropriation of funds to cover the costs and expenses of the program for a period of one year. The draft plan of emergency government developed in accordance herewith shall be submitted for discussion with the Board not later than January 30, 1993.

6.05 MUTUAL AID AGREEMENTS

The HEGS may, subject to the approval of the Board, enter into mutual aid agreements with other political subdivisions.

6.06 DECLARATIONS OF EMERGENCY

Upon the declaration of a state of emergency by the Governor, the HEGS, the Town Chair or the Village President or by any other person authorized to declare emergency, the HEGS shall issue all necessary proclamations as to the existence of such state of emergency and shall issue such warnings or alerts as shall be required in the comprehensive plan of emergency government. All persons shall act in accordance with the plan after the declaration of an emergency and the issuance of warnings. A state of emergency shall continue until terminated by the declaring authority provided that any declaration not made by the Governor may be terminated by the act of both Boards.

6.07 EMERGENCY REGULATIONS

Whenever necessary to meet an emergency for which adequate regulations do not exist, the HEGS may, by proclamation, promulgate and enforce such orders, rules and regulations relating to the conduct of persons and the use of property as shall be necessary to protect the public peace, health and safety, to preserve lives and property and to ensure necessary cooperation in emergency situations. Such proclamations shall be posted in three (3) public places and may be rescinded by the act of both Boards at any time. They shall remain in effect only during the duration of an emergency.

6.08 OBSTRUCTION OF EMERGENCY OPERATIONS

It shall be unlawful for any person willfully to obstruct, hinder or delay the enforcement of any order, rule, regulation or plan issued pursuant to this chapter, or to do any act forbidden by any order, rule, regulation or plan issued pursuant to the authority contained herein. Violators of this chapter shall be subject to a Class C forfeiture as set forth in Chapter 17 of this code.

Click Here to download Sections 1 & 2 PDF
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7.01 REPEAL OF PRIOR ORDINANCE

Any existing town ordinances relating to the regulation and/or licensing of dogs and cats is repealed and the following sections, 7.02 - 1 through 7.02-19, is substituted therefore.

7.02 LICENSING OF DOGS AND REGULATIONS OF ANIMALS

7.02 - 1 Dog licenses Required; Definitions
7.02 - 2 Rabies Vaccination Required for License
7.02 - 3 Dog License Tax and Multiple Dog Licenses
7.02 - 4 Late Fees
7.02 - 5 Rabies Quarantine
7.02 - 6 Restrictions on Keeping of Dogs, Cats, Fowl and Other Animals
7.02 - 7 Impoundment of Animals
7.02 - 8 Dogs and Cats Restricted on Cemeteries
7.02 - 9 Duty of Owner in Case of Dog or Cat Bite
7.02 - 10 Injury to Property by Animals
7.02 - 11 Barking Dogs and Crying Cats
7.02 - 12 Sale of Rabbits, Chicks or Artificially Colored Animals
7.02 -13 Providing Proper Food and Drink to Confined Animals
7.02 - 14 Providing Proper Shelter
7.02 - 15 Neglected or Abandoned Animals
7.02 - 16 Cruelty to Animals and Birds Prohibited
7.02 - 17 Limitation on Number of Dogs and Cats
7.02 - 18 Penalties
7.02 - 19 Enforcement

Sec. 7.02 - 1 Dog License Required; Definitions

(a) License Required. It shall be unlawful for any person in the Town of Dunkirk to OW11, harbor or keep any dog more than five (5) months of age on January 1 of any year, or five (5) months of age within the license year, without complying with the provisions of this Chapter and Sec. 174.05 through Sec. 174.10, Wisconsin Statutes, relating to the listing, licensing and tagging of the same.

(b) Definitions. Terms used in this chapter are defined as follows:

(1) "Owner" shall mean any person owning, harboring or keeping a dog or any person occupying any premises on which a dog remains or to which it customarily returns daily for a period often (10) days.

(2) "At large" means to be off the premises of the owner and not under the control of some person either by lease or otherwise, but a dog within an automobile of its owner, or in an automobile of any other person with the consent of the owner of said dog, shall be deemed to be upon the owner's premises.

(3) "Dog" shall mean any canine, regardless of age or sex.

(4) "Cat" shall mean any feline, regardless of age or sex.

(5) "Neutered" as used herein as describing a dog shall mean a dog having nonfunctional reproductive organs.

(6) "Animal" means mammals, reptiles and birds.

(7) "Cruel" means causing unnecessary and excessive pain or suffering or unjustifiable injury or death.

(8) "Law Enforcement Officer" or "Officer" has that meaning as appears in Sec. 967.02(5), Wis. Stats., and includes a humane officer appointed under Sec. 173.03, Wis. Stats., but does not include a conservation warden appointed under Sec. 23.10, Wis. Stats.

(9) "Farm Animal" means any warm-blooded animal normally raised on farms in the United States and used for food or fiber.

(10) "Pet" means an animal kept and treated as a pet.

(11) "Department" means the State of Wisconsin Department of Agriculture, Trade and Consumer Protection.

Sec. 7.02-2 Rabies Vaccination Required for License.

(a) Rabies Vaccination. The owner of a dog shall have the dog vaccinated against rabies by a veterinarian no later than five (5) months of age and re-vaccinated within one (1) year after the initial vaccination. If the owner obtains the dog or brings the dog into the Town of Dunkirk after the dog has reached five (5) months of age, the owner shall have the dog vaccinated against rabies within thirty (30) days' after the dog is obtained or brought into the Town, unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination from the State of Wisconsin or another state. The owner of a dog shall have the dog re-vaccinated against rabies by a veterinarian before the date of that immunization expires as stated on the certificate of vaccination or, if no date is specified, within three (3) years after the previous vaccination. The certificate of vaccination shall meet the requirements of Sec. 95.21(2), Wis. Stats.

(b) Issuance of Certificate of Rabies Vaccination. A veterinarian who vaccinates a dog against rabies shall complete and issue to the owner a certificate of rabies vaccination bearing a serial number and in the form approved by the Department identifying the Town of Dunkirk as the municipality where the dog is required to be licensed and stating the owner's name and address, the name, sex, spayed or unsprayed, neutered or unneutered, breed and color of the dog, the date of the vaccination, the type of rabies vaccination administered and the manufacturer's serial number, and the date that the immunization expires as specified for that type of vaccine by the Center for Disease Control of the U.S. Department of Health and Human Services.

Sec 7.02-3 Dog License Tax and Multiple Dog Licenses

(Missing part of the PDF, not listed in its entirety) by state law. The Town Clerk/Treasurer or the Deputy Town Clerk/Treasurer shall also deliver to the owner, at the time of issuance of the dog license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.

(4) The owner shall securely attach the tag to a collar and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, but this requirement does not apply to a dog during competition or training, to a dog while hunting, to a dog securely confined indoors or to a dog securely confined in a fenced area.

(5) The fact that a dog is without a tag attached to the dog by means of a collar shall be presumptive evidence that the dog is unlicensed. Any law enforcement officer shall seize, impound or restrain any dog for which a license is required which is found without such tag attached. Each day that any dog within the Town continues to be unlicensed constitutes a separate offense for which a separate penalty applies.

(6) Notwithstanding the foregoing, every dog specifically trained as a service dog, such as, but not limited to, leading blind or deaf persons or providing support for mobility-impaired persons, is exempt from the dog license tax, and every person owning such a dog shall receive annually a free dog license from the Town Clerk/Treasurer or his/her deputy upon application therefore.

(b) Multiple Dog Licenses.

(1) Subject to Section 7.02-17, any person who keeps more than one dog may, instead of the license tax for each dog required by this Chapter, apply to the Town Clerk/Treasurer or the Deputy Town Clerk/Treasurer for a multiple dog license for the keeping of the dogs. Such person shall pay for the license year a license tax of $35 for 12 or fewer dogs and an additional $3 for each dog in excess of 12. Upon payment of the required multiple dog license tax and upon presentation of evidence that all dogs over five (5) months of age are currently immunized against rabies, the Town Clerk/Treasurer or the Deputy Town Clerk/Treasurer shall issue the multiple dog license and a number of tags equal to the number of dogs authorized to be kept by the person.

(2) Multiple dog license tags shall be made in a form so that they may be readily distinguishable from the individual license tags for the same year. The owner or keeper of dogs for which a multiple dog license has been issued shall keep at all times a multiple dog license tag attached to the collar of each dog over five (5) months old kept by the owner or keeper under a multiple dog license, but this requirement does not apply to a dog during competition or training, to a dog securely confined indoors, to a dog while hunting, or to a dog securely confined in a fenced area. No dog bearing a multiple dog license tag shall be permitted to stray or to be taken anywhere outside the limits of the owner's or keeper's premises unless the dog is in leash or temporarily out for the purposes of hunting, breeding, trial, training, or competition.

Sec. 7.02 - 4 Late Fees.

The Town Clerk/Treasurer shall assess and collect a late fee of Five Dollars ($5.00) from every owner of a dog five (5) months of age or over if the owner failed to obtain a dog license prior to April 1 of each year, or if the owner failed to obtain a dog license within thirty (30) days of acquiring ownership of a licensable dog, or if the owner failed to obtain a dog license on or before the dog reached licensable age. Said late fee shall be charged in addition to the required dog license fee, plus the Town administrative fee.

Sec. 7.02 - 5 Rabies Quarantine.

(a) Dogs and Cats Confined. If a district or neighborhood is quarantined for rabies, all dogs and cats within the district or neighborhood shall be kept securely confined, tied, leashed or muzzled. Any dog or cat not confined, tied, leashed or muzzled is declared a public nuisance and may be impounded. All law enforcement officers shall cooperate in the enforcement of the quarantine. The Town Clerk/Treasurer shall promptly post in at least three (3) public places in the Town notices of quarantine.

(b) Exemption of Vaccinated Dog or Cat from Quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the quarantine provisions of Subsection (a) if a rabies vaccination tag or substitute tab is attached to the dog's or cat's collar.

(c) Quarantine or Sacrifice of an Animal Suspected of Biting a Person or Being Infected or Exposed to Rabies.

(1) Quarantine or Sacrifice of Dog or Cat. A law enforcement officer shall order a dog or cat quarantined if the officer has reason to believe that the animal bit a person, is infected with rabies or has been in contact with a rabid animal. If a quarantine cannot be imposed because the dog or cat cannot be captured, the officer may kill the animal. The officer may kill a dog or cat only as a last resort or if the owner agrees. The officer shall attempt to kill the animal in a humane manner and in a manner which avoids damage to the animal's head.

(2) Sacrifice of Other Animals. A law enforcement officer may order killed or may kill an animal other than a dog or cat if the officer has reason to believe that the animal bit a person or is infected with rabies.

(d) Quarantine of Dog or Cat.

(1) Delivery to Isolation Facility or Quarantine on Premises of Owner. A law enforcement officer who orders a dog or cat to be quarantined shall deliver the animal or shall order the animal delivered to an isolation facility as soon as possible but no later than twenty-four (24) hours after the original order is issued or the officer may order the animal to be quarantined on the premises of the owner if the animal is immunized currently against rabies as evidenced by a valid certificate of rabies vaccination or other evidence.

(2) Health Risk to Humans. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal bit a person, the custodian of an isolation facility or the owner shall keep the animal under strict isolation under the supervision of a veterinarian for at least ten (10) days after the incident occurred. In this paragraph, "supervision of a veterinarian" includes, at a minimum, examination of the animal on the first day of isolation, on the last day of isolation and on one (1) intervening day. If the observation period is not extended and if the veterinarian certifies that the dog or cat has not exhibited any signs of rabies, the animal may be released from quarantine at the end of the observation period.

(3) Risk to Animal Health.

a. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal and if the dog or cat is not currently immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for one hundred eighty (180) days. The owner shall have the animal vaccinated against rabies between one hundred fifty-five (155) and one hundred sixty-five (165) days after the exposure to a rabid animal.

b. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal but if the dog or cat is immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for sixty (60) days. The owner shall have the animal revaccinated against rabies as soon as possible after exposure to a rabid animal.

(4) Sacrifice of a Dog or Cat Exhibiting Symptoms of Rabies. If a veterinarian determines that a dog or cat exhibits symptoms of rabies during the original or extended observation period, the veterinarian shall notify the owner and the officer who ordered the animal quarantined and the officer or veterinarian shall kill the animal in a humane manner and in a manner which avoids damage to the animal's head. If the dog or cat is suspected to have bitten a person, the veterinarian shall notify the person or the person's physician.

(e) Delivery of Carcass; Preparation; Examination of Laboratory of Hygiene. A law enforcement officer who kills an animal shall deliver the carcass to a veterinarian or local health department. The veterinarian or local health department shall prepare the carcass, properly prepare and package the head of the animal in a manner to minimize deterioration, arrange for delivery by the most expeditious means feasible of the head of the animal to the State Laboratory of Hygiene and dispose of or arrange for the disposal of the remainder of the carcass in a manner which minimizes risk or exposure to any rabies virus. The Laboratory of Hygiene shall examine the specimen and determine if the animal was infected with rabies. The State Laboratory of Hygiene shall notify the Department, the veterinarian or local health department which prepared the carcass and, if the animal is suspected to have bitten a person, that person or the person's physician.

(f) Cooperation of Veterinarian. Any practicing veterinarian who is requested to be involved in the rabies control program by an officer is encouraged to cooperate in a professional capacity with the Department, the Laboratory of Hygiene, the local health department, the officer involved and, if the animal is suspected to have bitten a person, the person's physician.

(g) Responsibility for Quarantine and Laboratory Expenses. The owner of an animal is responsible for any expenses incurred in connection with keeping the animal in an isolation facility, supervision and examination of the animal by a veterinarian, preparation of the carcass for laboratory examination and the fee for the laboratory examination. If the owner is unknown, the county is responsible for these expenses.

Sec. 7.02-6 Restrictions on Keeping of Dogs, Cats, Fowl and Other Animals.

(a) Restrictions. It shall be unlawful for any person within the Town of Dunkirk to own, harbor or keep any dog or cat which:

(I) Habitually pursues any vehicle upon any public street, alley or highway in the Town.

(2) Assaults or attacks any person or destroys property.

(3) Is at large within the limits of the Town.

(4) Habitually barks or howls or cries to the annoyance of any person or persons. (See Section 7.02-11.)

(5) Kills, wounds or worries any domestic animal.

(6) Is known by such person to be infected with rabies or to have been bitten by an animal known to have been infected with rabies.

(7) In the case of a dog, is unlicensed.

(b) Vicious Dogs and Animals.

(1) For purposes of enforcing this Section, a dog shall be deemed as being of a vicious disposition if, within any twelve (12) month period, it bites two (2) or more persons or inflicts serious injury to one (1) person in unprovoked circumstances off the owner's premises. Any vicious dog which is found off the premises of its owner may be seized by any law enforcement officer and, upon delivery to the proper authorities, may, upon establishment to the satisfaction of a court of competent jurisdiction of the vicious character of said dog, by testimony under oath reduced to writing, be killed by the police authorities.

(2) No person shall harbor or permit to remain on his premises any animal that is habitually inclined toward attacking persons or animals, destroying property, barking excessively or making excessive noises or running after automobiles.

(c) Animals Running at Large.

(1) No person having in his possession or ownership any animal or fowl shall allow the same to run at large within the Town. The owner of any animal, whether licensed or unlicensed, shall keep his animal tied or enclosed in a proper enclosure so as not to allow said animal to interfere with the passing public or neighbors. Any animal running at large shall be seized and impounded by a law enforcement officer.

(2) A dog or animal shall be considered to be running at large if it is off the premises of its owner and not under the control of the owner or some other person.

(d) Owner's Liability for Damaged Caused by Dogs; Penalties. The provisions of Sec. 174.02, Wis. Stats., relating to the owner's liability for damage caused by dogs together with the penalties therein set forth are hereby adopted and incorporated herein by reference.

(e) Animal Feces. The owner or person in charge of any dog or other animal shall not permit solid fecal matter of such animal to deposit on any street, alley or other public or private property, unless such matter is immediately removed there from by said owner or person in charge. This Section shall not apply to a person who is visually or physically handicapped.

Sec. 7.02 - 7 Impoundment of Animals.

(a) Animal Control Agency.

(1) The Town of Dunkirk may contract with or enter into an agreement with such person, persons, organization or corporation to provide for the operation of an animal shelter, impoundment of stray animals, confinement of certain animals, disposition of impoundment animals and for assisting in the administration of rabies vaccination programs.

(2) The Town of Dunkirk does hereby delegate any such animal control agency the authority to act pursuant to the provisions of this Section.

(b) Impounding of Animals. In addition to any penalty hereinafter provided for a violation of this Chapter, any law enforcement officer may impound any dog, cat or other animal which habitually pursues any vehicle upon any street, alley or highway of this Town, assaults or attacks any person, is at large within the Town, habitually barks, cries or howls, kills, wounds or worries any domestic animal or is infected with rabies. In order for an animal to be impounded, the impounding officer must see or hear the violation of this Section or have in his/her possession a signed statement of a complaining witness made under oath alleging the facts regarding the violation and containing an agreement to reimburse the Town for any damages it sustains for improper or illegal seizure.

(c) Claiming Animal; Disposal of Unclaimed Animals. After seizure of animals under this Section by a law enforcement officer, the animal shall be impounded. The officer shall notify the owner, personally or through the U.S. Mail, if such owner be known to the officer or can be ascertained with reasonable effort, but if such owner be unknown or unascertainable, the officer shall post written notice in three (3) public places in the Town, giving a description of the animal, stating where it is impounded and the conditions for its release, after the officer has taken such animal into his/her possession. If within seven (7) days after such notice the owner does not claim such animal, the officer may dispose of the animal in a proper and human manner; provided, if an animal before being impounded has bitten a person, the animal shall be retained in the animal shelter for fourteen (14) days for observation purposes. Within such times, the owner may reclaim the animal upon payment of impoundment fees, such fees to be established by resolution of the Town Board. No animal shall be released from the animal shelter without being properly licensed if so required by state law or Town Ordinance.

(d) Sale of Impounded Animals. If the owner does not reclaim the animal within seven (7) days, the animal may be sold or released to any person, if all of the following apply:

(1) The person provides his or her name and address.

(2) The licensure is required by statute or ordinance, the animal is licensed or assurance of licensure is given by evidence of pre-payment.

(3) If vaccination is required by statute or ordinance, the animal is vaccinated or assurance of vaccination is given by evidence of pre-payment.

(4) Any charges imposed by the Town or its contracting agent for custody, care, vaccination and treatment are paid or waived.

(e) Town Not Liable for Impounding Animals. The Town and/or its animal control agency shall not be liable for the death of any animal which has been impounded or disposed of pursuant to this Section.

Sec. 7.02 - 8 Dogs and Cats Restricted on Cemeteries. No dog or cat shall be permitted on any public cemetery. Every dog specifically trained as a service dog, such as, but not limited to, leading blind or deaf persons or providing support for mobility-impaired persons, shall be exempt from this Section.

Sec. 7.02 - 9 Duty of Owner in Case of Dog or Cat Bite. Every owner or person harboring or keeping a dog or cat who knows that such dog or cat has bitten any person shall immediately report such fact to a law enforcement officer and shall keep such dog or cat confined for not less than fourteen (14) days or for such period of time as a law enforcement officer shall direct. The owner or keeper of any such dog or cat shall surrender the dog or cat to a law enforcement officer upon demand for examination.

Sec. 7.02 - 10 Injury to Property by Animals. It shall be unlawful for any person owning or possessing an animal, dog or cat to permit such animal, dog or cat to go upon any parkway or private lands or premises without the permission of the owner of such premises and break, bruise, tear up, crush or injure any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever, or to defecate thereon.

Sec. 7.02 -11 Barking Dogs and Crying Cats.

(a) It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls or yelps, or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to a public nuisance. A dog or cat is considered to be in violation of this Section when three (3) formal, written complaints of documented violations are filed with the Town within anyone (1) month period.

(b) No person shall be found to be violation of this section unless first notified in writing, at least ten (10) days prior to the issuance of any citation or summons, of the fact of the complaints of documented noise.

Sec. 7.02 - 12 Sale of Rabbits, Chicks or Artificially Colored Animals.

(a) No person may sell, offer for sale, raffle, give as a prize or premium, use as an advertising device or display living chicks, ducklings, other fowl or rabbits that have been dyed or otherwise colored artificially.

(b)( I) No person may sell, offer for sale, barter or give away living chicks, ducklings or other fowl unless the person provides proper brooder facilities for the care of such chicks, ducklings or other fowl during the time they are in such person's possession.

(2) No retailer, as defined in Sec. lOO.30(2)(e), Wis. Stats., may sell, offer for sale, barter or give away living baby rabbits, baby chicks, ducklings or other fowl under two (2) months of age, in any quantity less than six (6), unless in the business of selling these animals is for agricultural, wildlife or scientific purposes.

Sec. 7.02 - 13 Providing Proper Food and Drink to Confined Animals.

(a) No person owning or responsible for confining or impounding any animal may fail to supply the animal with a sufficient supply of food and water as prescribed in this Section.

(b) The food shall be sufficient to maintain all animals in good health. (c) If potable water is not accessible to the animals at all times, it shall be provided daily and in sufficient quantity for the health of the animal.

Sec. 7.02 - 14 Providing Proper Shelter.

(a) Proper Shelter. No person owning or responsible for confining or impounding any animal may fail to supply the animal with proper shelter as prescribed in this Section. In the case of farm animals, nothing in this Section shall be construed as imposing shelter requirements or standards more stringent than normally accepted husbandry practices in the particular county where the animal or shelter is located.

(b) Indoor Standards. Minimum indoor standards of shelter shall include:

(1) Ambient Temperatures. The ambient temperature shall be compatible with the health of the animal.

(2) Ventilation. Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animals at all times.

(c) Outdoor Standards. Minimum outdoor standards of shelter shall include:

(1) Shelter from Sunlight. When sunlight is likely to cause heat exhaustion of an animal tied or caged outside, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight. As used in this paragraph, "caged" does not include farm fencing used to confined farm animals.

(2) Shelter from Inclement Weather.

a. Animals generally. Natural or artificial shelter appropriate to the local climatic conditions for the species concerned shall be provided as necessary for the health of the animal.

b. Dogs. If a dog is tied or confined unattended outdoors under weather conditions which adversely affect the health of a dog, a shelter of suitable size to accommodate the dog shall be provided.

(d) Space Standards. Minimum space requirements for both indoor and outdoor enclosures shall include:

(1) Structural Strength. The housing facilities shall be structurally sound and maintained in good repair to protect the animals from injury and to contain the animals.

(2) Space Requirements. Enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of debility, stress or abnormal behavior patterns.

(e) Sanitation Standards. Minimum standards of sanitation for both indoor and outdoor enclosures shall include periodic cleaning to remove excreta and other waste materials, dirt and trash so as to minimize health hazards.

Sec. 7.02 - 15 Neglected or Abandoned Animals.

(a) Neglected or Abandoned Animals.

(1) No person may abandon any animal.

(2) Any law enforcement officer may remove, shelter and care for an animal found to be cruelly exposed to the weather, starved or denied adequate water, neglected, abandoned or otherwise treated in a cruel manner and may deliver such animal to another person to be sheltered, cared for and given medical attention, if necessary. In all cases the owner, if known, shall be immediately notified and such officer, or other person, having possession of the animal shall have a lien thereon for its care, keeping and medical attention and the expense of the owner.

(3) If the owner or custodian is unknown and cannot, with reasonable effort, be ascertained or does not, within five (5) days after notice, redeem the animal by paying the expenses incurred, it may be treated as a stray and dealt with as such.

(4) Whenever in the opinion of any such officer an animal is hopelessly injured or diseased so as to be beyond the probability of recovery, it shall be lawful for such officer to kill such animal and the owner thereof shall not recover damages for the killing of such animal unless he shall prove that such killing was unwarranted.

(5) Section 173.10, Wis. Stats., Investigation of Cruelty Complaints, and Sec. 173.24, Wis. Stats., Reimbursement for Expenses, are hereby adopted by reference and made a part of this Chapter.

(b) Injured Animals. No person who owns, harbors or keeps any animal shall fail to provide proper medical attention to such animal when and if such animal becomes sick or injured. In the event the owner of such animal cannot be located, the Town or any animal control agency with whom the Town has an agreement or contract shall have the authority to take custody of such animal for the purpose of providing medical treatment, and the owner thereof shall reimburse the person or organization for the costs of such treatment.

Sec. 7.02 - 16 Cruelty to Animals and Birds Prohibited.

(a) Acts of Cruelty Prohibited. No person except a law enforcement officer in the pursuit of his/her duties shall, within the Town, shoot or kill or commit an act of cruelty to any animal or bird or disturb any bird's nests or bird's eggs.

(b) Leading Animal from Motor Vehicle. No person shall lead any animal upon a Town street from a motor vehicle or from a trailer or semi-trailer drawn by a motor vehicle.

(c) Use of Poisonous and Controlled Substances. No person may expose any domestic animal owned by another to any known poisonous substance, any controlled substance included in schedule I, II, III, IV or V of Chapter 961 of the Wisconsin Statutes, or any controlled substance analog of a controlled substance included in schedule I or II of Chapter 961, whether mixed with meat or other food or not, so that the substance is liable to be eaten by such animal or for the purpose of harming the animal. This section does not apply to poison used on one's own premises and designed for the purpose of rodent and pest extermination, nor the use of a controlled substance in bona fide experiments carried on for scientific research or in accepted veterinary practice.

(d) Use of Certain Devices Prohibited. No person may directly or indirectly, or by aiding, abetting or permitting the doing thereof, either put, place, fasten, use or fix upon or to any animal used or readied for use for a work purpose or for use in an exhibition, competition, rodeo, circus or other performance, any of the following devices: a bristle bur, tack bur or like device; or a poling device used to train a horse to jump which is charged with electricity or to which have been affixed nails, tacks or other sharp points.

(e) Shooting at Caged or Staked Animals.

(1) No person may shoot, kill, or wound with a firearm, or with any deadly weapon, any animal that is tied, staked out, caged or otherwise intentionally confined in an artificial enclosure, regardless of size.

(2)(a) Whoever is concerned in the commission of a violation of this section is a principal and may be charge with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.

(2)(b) A person is concerned in the commission of a violation of this section under par. (a) if the person does any of the following:

1. Instigates, promotes, aids, or abets the violation as a principal, agent, employee, participant, or spectator.

2. Participates in any earnings from the commission of the violation.

3. Intentionally maintains or allows any place to be used for the commission of the violation.

(3) This section does not apply to any of the following animals:

(a) A captive wild bird that is shot, killed, or wounded on a bird hunting preserve licensed under Sec. 169.19, Wis. Stats.

(b) Farm-raised deer, as defined in Sec. 95.001 (1)(ag), Wis. Stats.

(c) Animals that are treated in accordance with normally acceptable husbandry practices.

Sec. 7.02 -17 Limitation on Number of Dogs and Cats.

(a) Purpose. The keeping of a large number of dogs and cats within the Town for a considerable period of time detracts from and, in many instances, is detrimental to, healthful and comfortable life in such areas. The keeping of a large number of dogs and cats is, therefore, declared a public nuisance.

(b) Number Limited.

(1) No person or family shall own, harbor or keep in its possession more than five (5) dogs and five (5) cats in any residential unit, except that a litter of pups or kittens or a portion of a litter may be kept for not more than ten (10) weeks from birth.

(2) The above limitation may be waived by the Town Board under extraordinary circumstances. Such application for waiver shall be submitted to the Town Clerk/Treasurer.

(c) Exception. The limitations identified in paragraph (b)(1) shall not apply to a kennel legally operating under the Dane County Zoning Code.

Sec. 7.02 - 18 Penalties.

(a) Each day that a violation of this Chapter occurs shall be considered as a separate offense.

(b)(1) Anyone who violates Sections 7.02-1,7.02-2, 7.02-3, 7.02-4 and 7.02-5 of this Code of Ordinances or Chapter 174, Wis. Stats., shall be subject to a forfeiture of not less than Twenty-five Dollars ($25.00) and not more than Two Hundred Dollars ($200.00) for the first offense and not less than One Hundred Dollars ($100.00) and not more than Four Hundred Dollars ($400.00) for any subsequent offenses.

(2) Any owner who refuses to comply with an order issued under Section 7.02-5 to deliver an animal to an officer, isolation facility or veterinarian or who does not comply with the conditions or an order that an animal be quarantined shall be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) or imprisoned not more than sixty (60) days or both.

(c) Any person who violates Sections 7.02-6 through 7.02-12 of this Code of Ordinances shall be subject to a forfeiture of not less than Twenty-Jive Dollars ($25.00) and not more than One Hundred Dollars ($100.00) for the first violation and not less than Fifty Dollars ($50.00) and not more than Two Hundred Dollars ($200.00) for subsequent violations.

Sec. 7.02-19 Enforcement.

(a) The Town or a law enforcement officer have the discretion to enforce the provisions of this Chapter without the citizen complaint procedure under paragraph (b) being invoked.

(b) In the event a person complains to a Town official or law enforcement officer that another person is violating or has violated any provisions of this Chapter, the Town may enforce any provision of this Chapter against the person violating such sections, provided the following conditions are satisfied:

(1) The complainant shall file with the Town Clerk a written statement describing the details of the violation.

(2) The complainant shall agree to provide such testimony or other evidence as may be necessary for the Town to enforce this Chapter.

(3) The complainant shall agree in writing with the Town that, in the event it is subsequently determined that there has been no Chapter violation, the complainant shall reimburse the Town for all costs and expenses incurred, including reasonable attorneys' fees and court costs, in attempting to enforce this Chapter. The Town shall require the complainant to make a deposit with the Town Clerk 0 fat least One Hundred Dollars ($100.00) to cover the Town's anticipated costs and expenses as a condition precedent to any such enforcement action.

Sec 7.09 - REGULATIONS OF OPEN BURNING - DEFINITIONS

(1) “Air Curtain Destructor” - This means a solid waste disposal operation that combines a fixed wall open pit and a mechanical air supply which uses an excess of oxygen and turbulence to accomplish the smokeless combustion of clean wood wastes and similar combustible materials.

(2) “Bonfire” - This means an open fire kindled to mark a public event, victory celebration or similar occurrence where dry, combustible material such as wood, paper and similar items are burned.

(3) “Open Burning” - This means combustion in which the by-products thereof are emitted directly into the ambient air without passing through a stack or chimney, including the combustion occurring at a properly operated air curtain destructor. Open burning does not include the combustion which occurs in an enclosed or covered unit designed to prevent the escape of any burning materials.

(4) “No Burning Order” - This means an order, issued by the Town Board, temporarily prohibiting open burning of any type during periods of exceptional dryness or in other circumstances where the Board determines that such burning may be hazardous. It the Board issues such an order, it will notify the Fire Department. When a “no burning order” is in effect the Fire Department will so inform persons who notify it of their intention to burn.

Sec 7.10 - PROHIBITED OPEN BURNING

No person shall engage in any of the following within the Town:

(1) Open burning of any wet combustible rubbish, garbage, oily substances, asphalt, rubber products, or other materials prohibited by state statue or administrative rule.

(2) Burning of explosive or dangerous materials without a permit issued by either the Wisconsin Department of Natural Resources (DNR) or the Department of Commerce.

(3) Open burning in an air curtain destructor without first obtaining a permit from the Department of Natural Resources and received written approval from the Town Board

(4) Any form of open burning while a “no burning order” is in effect.

(5) Any form of open burning without notifying the Town Fire Department as provided in Section 7.12(1)

Sec 7.11 - OTHER OPEN BURNING

Open burning not specifically prohibited in Section 7.10 of this chapter is permitted between sunrise and sunset providing the Open Burning Rules set forth in Section 7.12 of this chapter are complied with. The Town Board shall have the power to permit open burning after sunset when a specific exception to this section is requested by a landowner.

Sec. 7.12 - OPEN BURNING RULES

(1) No open burning may take place unless the Town Fire Department has been notified by the person intending to burn. Notification shall include the name, address and telephone number of the person giving the notification as well as the date, location and approximate time the burning is to take place.

(2) A responsible adult shall be in attendance at any fire until it is totally extinguished.

(3) Regardless who attends the fire, the owner of the land on which the burning takes place, whether present or not, may be held responsible by the Town for the costs described in Section 7.13 of this chapter.

(4) Burning shall be conducted in a safe manner, when wind and weather conditions are such that they do not create a risk of spreading the fire.

(5) No open burning shall be conducted within 40 feet from any structure, hay stack or fuel storage location; or upon any paved surface within a right-or-way, public or private.

(6) Adequate firebreaks must be provided and provision made to notify the fire department in an emergency (i.e.: DIAL 911).

(7) Open burning my not violate federal air quality control rules or state air pollution control rules.

Sec. 7.13 - PENALTY FOR VIOLATION(S)

(1) The burning in Violation of this ordinance may result in the fire being extinguished. Any cost incurred for such extinguishment shall be paid by the owner of the land.

(2) The owner of the land on which the burning takes place shall be liable for any and all costs incurred by the Town in responding to and extinguishing any fires which get out of control.

(3)In addition to, and separate from, the possible liability referred to in paragraphs 1 and 2 of this section, violations of this ordinance, including but not limited to the failing to notify the Fire Department before burning hall be punishable as Class C forfeitures, under Chapter 17 of this code.

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8.01 GENERAL FEE PROVISIONS

(1) The fees established in this Chapter are in addition to any fees specified elsewhere. All fees shall be paid to the Town in US currency, money order or check payable to the Town of Dunkirk. An itemized receipt shall be provided for all currency received.

(2) All required fees shall be submitted along with a completed application, where applicable. No application will be processed and no written response or materials will be provided until the treasurer or clerk receives all fees.

(3) Any fee established by the town board, which is in effect at the time of application for a license or permit, shall remain in effect for the entire term of the license or permit, provided the application is approved. In the event a re-application is made, the established fee that is in effect at the time of the re-application shall be considered the appropriate fee.

8.02 SPECIFIC FEE SCHEDULES

(1) Dog License Fee. For all dogs requiring licenses under ordinance 7.04, the license fee shall be $10.00 per year if the dog is spayed or neutered and proper proof is shown. If the dog is not spayed or neutered, the annual license fee shall be $15.00 per year.

(2) Kennel Fee. The kennel fee or multiple dog license fee in accordance with Wisconsin Statute §174.053 shall be $75.00 for 12 or fewer dogs and an additional $7.00 for each dog in excess of 12.

(3) Special Assessment Letters. A request to confirm or verify special assessments, special charges, or other municipal charges on land in writing to title companies, banks, real estate closing firms or other entities shall be $25.00. (4) Assessment Information Requests. A request to confirm or verify land value assessments to real estate agents, brokers, or other persons or firms who do not own the land about which the request is made shall be $15.00.

(5) Rezoning Application. The fee for a rezoning application shall be $150.00.

(6) Driveway Permits. The fee for a driveway permit required under ordinance 4.11 shall be $25.00 for a field access driveway and $100.00 for all other driveways.

(7) Copying Fee. The copying fee for Town records shall be 25 cents per page.

8.03 FEE REVIEW.

The above fees may be reviewed annually by the Town Board, or an otherwise necessary and prudent. All fees set forth in Section 8.02 above are current as of 2003. All fees set forth in Section 8.02 may be changed by resolution of the Town Board without amendment of this ordinance provided that the new fee schedule is publicly posted within 30 days of passage.

8.04 EFFECTIVE DATE.

Sections 8.01 through this section 8.04 shall take effect upon passage and publication.

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9.01 TRAFFIC LAWS.

(1) State Traffic Laws Adopted. Except as otherwise specifically provided in this code, the statutory provisions in Chapters 340 through 348, of the Wisconsin Statutes, describing and defining regulations with respect to vehicles and traffic, exclusive of any provisions therein relating to penalties to be imposed and exclusive of any regulations for which the statutory penalty is a fine of term of imprisonment are hereby adopted and by reference made a part of this code as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this code. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this code in order to secure uniform state wide regulation of traffic on the highways, streets and alleys of the State of Wisconsin.

(2) Definitions. As used in this code:

a) "Town" shall mean the Town Board of the Town of Dunkirk.

b) "Traffic Control Device" shall mean any and all signs, mechanical or otherwise, whose purpose is to direct or control traffic flow as set forth in the Manual on Uniform Traffic Control Devices adopted by by the Wisconsin - Department of Transportation pursuant to Wis. Stats.84.02(4)(e).

9.02 STOP SIGNS.

(1) Designation of Stop Signs. In the interests of public safety stop signs shall be installed at the following locations to control traffic on the highways over which the Town has exclusive jurisdiction:

a) Unplatted Areas of the Town:

• At the southwest corner of the intersection of the intersection of Slinde Road with Washington Road for traffic on Slinde Road entering Washington Road

• At the northeast corner of the intersection of Slinde Road with Tower Road for traffic on Slinde Road entering Tower Road.

• At the southeast corner of the intersection of Hammond Road with Hanerville Road for traffic on Hammond Road entering Hanerville Road.

• At the northeast corner of the intersection of Hammond Hanerville Road.

• At the southeast corner of the intersection of Hanerville Road with Hammond Road for traffic on Hanerville Road entering Hammond Road.

• At the northwest corner of the intersection of Hanerville Road with Hammond Road for traffic on Hanerville Road

• At the southwest corner of the intersection of Oaklawn Road with Taylor Lane for traffic on Oaklawn Road entering Taylor Lane.

• At the northeast corner of the intersection of Oaklawn Road with Taylor Lane for traffic on Oaklawn Road entering Taylor Lane.

• At the southeast corner of the intersection of Taylor Lane with Oaklawn Road for traffic on Taylor Lane entering Oaklawn Road.

• At the northwest corner of the intersection of Taylor Lane with Oaklawn Road for traffic on Taylor Lane entering Oaklawn Road

• At the northwest corner of the intersection of Taylor Lane with Stebbensville Road for traffic on Taylor Lane entering Stebbinsville Road

• At the southeast corner of the intersection of Danks Road with Old Stone Road for traffic on Danks Road entering Old Stone Road.

• At the southwest corner of the intersection of Hammond Road with Washington Road for traffic on Hammond Road entering Washington Road.

• At the southwest corner of the intersection of Old Stone Road with Bass Lake Road for traffic on Old Stone Road entering Bass Lake Road.

• At the northeast corner of the intersection of Sam Miles Road with Bass Lake Road for traffic on Sam Miles Road entering Bass Lake Road.

• At the southwest Corner of the intersection of Hauge Road with Taylor Lane for traffic on Hauge Road entering Taylor Lane.

• At the northeast corner of the intersection of Hauge Road with Taylor Lane for traffic on Hauge Road entering Taylor Lane.

• At the southeast corner of the intersection of Taylor Lane with Hauge Road for traffic on Taylor Lane entering Hauge Road.

• At the northwest corner of the intersection of Taylor Lane with Hauge Road for traffic on Taylor Lane entering Hauge Road

• At the southwest corner of the intersection of Kaase Road with Washington Road for traffic on Kaase Road entering Washington Road.

• At the southwest corner of the intersection of Leslie Road with Tower Drive for traffic on Leslie Road entering Tower Drive.

• At the southwest corner of the intersection of Aacker Road with Taylor Lane for traffic on Aacker Road entering Taylor Lane.

• At the northwest corner of the intersection of Quinn Lane with Aacker road for traffic on Quinn Lane entering Aacker Road.

• At the northwest corner of the intersection of Brickson Road with Stebbinsville Road for traffic on Brickson Road entering Stebbinsville Road.

• At the northwest Corner of the intersection of McGinnis Road with Stebbinsville Road for traffic on McGinnis Road entering Stebbinsville Road.

• At the northeast corner of the intersection of Bass Lake Road and Same miles Road and at the southeast corner of the same said intersection. (Both signs face east).

b) Plat of Rolling Acres

• At the Southwest corner of the intersection of Aspen Road with Taylor Lane for traffic on Aspen Road entering Taylor Lane.

• At the northwest corner of the intersection of Ash Lane with Tareyton Circle for traffic on Ash Lane entering Tareyton Circle.

• At the southwest corner of the intersection of Tareyton Circle with Taylor Lane for the traffic on Tareyton Circle entering Taylor Lane.

c) Rorge Plat

• At the northeast corner of the intersection of Tareyton Circle with Taylor lane for traffic on Tareyton Circle entering Taylor Lane

• At the southeast corner of the intersection of Gilrust Avenue with Ridgewood Drive for traffic on Gilrust Avenue entering Ridgewood Drive

• At the northwest corner of the intersection of Gilrust Avenue with Ridgewood Drive for Traffic on Gilrust Avenue entering Ridgewood Drive

• At the northeast corner of the intersection of Ridgewood Drive with Taylor Lane for traffic on Ridgewood Drive entering Taylor Lane.

• At the southeast corner of the intersection of Gilrust Avenue with Westchester Circle for traffic on Gilrust Avenue entering Westchester Circle.

• At the northeast corner of the intersection of Westchester Circle with Taylor Lane for traffic on Westchester Circle entering Taylor Lane.

d) Plat of Pleasant Hill

• At the northwest corner of the intersection of Estate Lane with West South Street for traffic on Estate Lane entering West South Street.

• At the southeast corner of the intersection of Estate Lane with West Main Street for traffic on Estate Lane entering West Main Street.

• At the northwest corner of the intersection of Prospect Lane with West South Street for traffic on Prospect Lane entering West South Street.

• At the southwest corner of the intersection of Hilldale lane with Pleasant View Drive for traffic on Hilldale Lane entering Pleasant View Drive.

• At the northeast corner of the intersection of West South Street with Pleasant View Drive for traffic on West South Street entering Pleasant View Drive

• At the southwest corner of the intersection of Sunrise Court with Pleasant View Drive for traffic on Sunrise Court entering Pleasant View Drive.

• For the southwest corner of the intersection of Outlook Court with Pleasant View Drive for traffic on Outlook Court entering Pleasant View Drive.

• At the northwest corner of the intersection of Pleasant View Drive with West Main Street for traffic on Pleasant View Drive entering West Main Street

• At the southwest corner of the intersection of West Main Street with Pleasant View Drive for traffic on West Main Street entering Pleasant View Drive

• At the Northeast corner of the intersection of Pleasant View Drive with Hoel Avenue for traffic on Pleasant View Drive entering Hoel Avenue.

• At the southwest corner of the intersection of McComb Road with Hoel Avenue for traffic on McComb road entering Hoel Avenue.

e) Racetrack Plat

• At the northeast corner of the intersection of Vernon Street with Racetrack road for traffic on Vernon Street entering Racetrack Road.

• At the northeast corner of the intersection of Anderson Street with Racetrack Road for traffic on Anderson Street entering Racetrack Road.

• At the northeast corner of the intersection of Robert Street with Racetrack Road for traffic on Robert Street entering Racetrack Road.

(2) Operations to Obey Traffic Control Devices

Every operation of a vehicle approaching an intersection at with an Official Traffic Control Device is erection in accordance with this section shall obey the directions of such Official Traffic Control Device as required by Wisconsin Statues incorporated by reference in Section one of this code. Operators of vehicles approaching a stop sign shall stop before entering a highway as required by SS. 346.46, Wis. Statues. Operators approaching intersections at which a yield sigh has been installed shall yield to right-or-way to other vehicles as required by ss. 346.18(6), Wis. Stats.

9.03 WEIGHT LIMITS AND HEAVY TRAFFIC ROUTES

( 1 ) Streets Designated Class B Highways. All highways within the Town of Dunkirk, Wisconsin, are hereby designated class IIBII highways by the Wisconsin Statutes adopted by reference in Section One of this code except the following enumerated highways or parts of highways:
Race track road from CTH A to U.S.H. 51 - posted limits.

(2 ) Special and Seasonal Weight Limits. The Town Highway Department shall have the authority to impose special or seasonal weight limits on any highway, bridge, or culvert maintained by the Town to prevent injury to the roadway or for the safety of the users of such bridge or culvert and shall be responsible for erecting Uniform Traffic Control Devices giving notice thereof in accordance with the proving of Section 2 of this code.

9.04 MISCELLANEOUS PARKING RESTRICTIONS

(1) Street Maintenance. Whenever it is necessary to clear or repair a Town roadway or any part thereof, the Town Traffic Department shall post such highways or parts thereof with signs bearing the works No Parking - Street Maintenance Work”. Such signs shall be erected at least two (2) hours prior to the time that street maintenance work is to be commenced. No person shall park a motor vehicle in violation of such signs.

(2) Parking in Driveways. No person shall park or leave standing any motor vehicle in any private driveway without the permission of the owner or lessee of the property upon which such driveway is located, whether or not such driveway is posted to limit or restrict parking.

- No person shall park across from a private driveway entrance.

(3) Parking Heavy Vehicle in Residential Districts. No operator of a motor truck, truck-tractor, trailer or semi-trailer or any other vehicle or combination of vehicles other than motorbuses weighing more than eight thousand (8,000) pounds shall park such vehicle on any highway other than a routed State Truck Highway in any residential district except for such time as is reasonably necessary to facilitate the loading or unloading of the vehicle.

(4) Removal of Illegally Parked Vehicles. Any vehicle parked or left standing upon a highway, street or alley or other public grounds in violation of any of the provisions of this Section or Section One of this code is declared to be a hazard to traffic and public safety. Such vehicle shall be removed by the operator, upon request of any police officer, to a position where parking, stopping or standing is not prohibited. Any police officer, after issuing a citation for illegal parking, stopping or standing of an unattended vehicle in violation of this code, is authorized to remove such vehicle. The officer may order a motor carrier holding a permit to perform vehicle towing services, a licensed motor vehicle salvage dealer or a licensed motor vehicle dealer who performs vehicle towing services to remove and store such vehicle in any storage garage or rental parking grounds or any facility of the person providing the towing services. In addition to other penalties provided by Section 11 of this code the owner or operator of a vehicle so removed shall pay the cost of the towing and storage. If towing is authorized by the police department, a few shall be paid for towing; except during emergencies when no towing fee shall be charged of assessed against the owner of such vehicle for removal necessitated under the emergency powers granted by sub. (7)(d) of this Section.

(5) Registration Record of Vehicle as Evidence. When any vehicle is found upon a street or highway in violation of any provision of this code regulating the stopping, standing or parking of vehicles and the identity of the operator cannot be determined, the owner as shown by the ownership registration of the vehicle supplied by the Wisconsin Department of Transportation, or a comparable authority of any other State, shall be subject to appropriate penalty.

9.05 ABANDONED VEHICLES

(1) Abandonment of Vehicles Prohibited. No person shall abandon any vehicle unattended within the Town for such time and under such circumstances as to cause the vehicle to reasonably appear to be abandoned.

(2) Definition. As used in this Section "vehicle" means a motor vehicle, trailer, semi-trailer or mobile home whether or not vehicle is registered under ch. 341, Wis. Stats.

(3 ) Presumption of Abandonment. Any vehicle left unattended for more than forty-eight hours on any public street or grounds or on private property where parking is prohibited, limited or restricted, without the permission of the owner or lessee, is deemed abandoned and constitutes a public nuisance; provided that the vehicle shall not be deemed abandoned under this Section if left unattended on private property out of public view, by permission of the owner or lessee.

( 4 ) Exceptions. This Section shall not apply to a vehicle in an enclosed building; a vehicle in an appropriate storage place or depository maintained in a lawful place and manner authorized by the Town or a vehicle parked in a metered or paid lot or parking space where the required fee has been paid and meter activated.

( 5 ) Removal and Impoundment or Sale. Any vehicle found abandoned in violation of this ordinance shall be impounded by the police department until lawfully claimed or disposed of as provided in this Section. If the police chief or his/her duly authorized representative determines that towing costs and storage charges for thirty days, see sub.(5), would exceed the value of the vehicle, the vehicle may be junked or sold prior to the expiration of the impoundment period upon determination by the chief of police that the vehicle is not wanted for evidence or any other reason; provided that vehicles in excess of 19 model years of age shall be sold or disposed of only by auction, sale or sealed bid in accordance with sub. (5) of this Section.

(6) Minimum Impoundment Period. The minimum period on impoundment or storage of a vehicle found in violation of this Section shall be thirty days.

(7) Notice to Owner. The police officer removing or causing the removal of any vehicle found in violation of this Section shall immediately notify the chief of police of abandonment and location of the impounded vehicle, and shall within ten days thereafter notify the owner and lienholders of record, by certified mail, of the impoundment and of their right to reclaim the vehicle. The notice shall set forth the information contained in ss. 342.40(3), Wis. Stats., and shall state that the failure of the owner or lienholders to exercise their rights to reclaim the vehicle shall be deemed a waiver of all right, title and interest in the vehicle and a consent of sale of the vehicle.

(8) Sale. Each retained vehicle not reclaimed by the owner or lienholder may be disposed of by sealed bid or auction sale as provided in ss. 342.40(3) Wis. Stats ..

( 9 ) Sale To Bar Claims Against Vehicle. The sale of a motor vehicle under the provisions of this Section shall forever bar all prior claims thereto and interest therein except as hereinafter provided.

(10) Purchaser to Remove Vehicle. The purchaser of any vehicle on sealed bid or auction sale under sub. (7) shall have ten days to remove the vehicle from the storage area upon payment of a storage fee of $10.00 for each day the vehicle has remained in storage after the second business day subsequent to the sale date. Ten days after the sale, the purchaser shall forfeit all interest in the vehicle and the vehicle shall be deemed to be abandoned and may be again sold .

(11) Request For List. Any listing of vehicles to be sold pursuant to this section shall be made available by the Town Clerk to any interested person or organization who makes a written request therefore, for a fee of $5.00.

(12) Notice to Department. Within five days after sale or disposition of a vehicle under this Section, the Clerk shall advise the Wisconsin Department of Transportation of such sale or disposition on a form supplied by the Department.

(13) Owner May File. At any time within two years after the sale of a motor vehicle is provided herein, any person claiming ownership of such motor vehicle of a financial interest therein may present a claim to the Town Board setting forth such facts as are necessary to establish such ownership or interest, and that the failure of the claimant to reclaim the vehicle prior to sale was not the result of neglect or fault of claimant. If the Town Board is satisfied as to the justice of such claim, it may allow the same, but in no case shall the amount allowed exceed the sum paid into the Town Treasury as the result of the sale of such motor vehicle, nor the amount of interest of the claimant therein.

(14) Exemption. Any owner or person operating a registered vehicle which shall become disabled or inoperative for any reason. and who shall be unable to cause removal of such vehicle from any alley, street, highway or public place, not otherwise regulated as a restricted parking, stopping or standing lone, shall, within 12 hours of such occurrence, notify the police department of the location of the vehicle and shall transfer and deliver clear title for said vehicle to the Town together with a fee to offset the cost of towing and junking charges and shall be exempt from the provisions of this ordinance.

When so requested by the owner or person in charge of a vehicle the Town Constable shall be authorized to order such vehicle removed and junked directly from the scene of disablement by the towing service or contractor engaged by the Town for towing of disabled vehicles. The provisions of sub.(11) shall apply to any vehicle removed under this subsection.

9.06 ACCIDENT REPORTS.

(1) Operators To File. The operator of any vehicle involved in an accident resulting in injury to or death or any person, or property damage

to an apparent total in excess of $500.00 per person or $200.00 to Town owned property shall immediately after such accident file with the Town law enforcement department a copy of the report required by 346.70, Wis. Stats.

(2)Reports Public Record. Accident reports filed under this Section shall be available for public inspection and duplication in accord with ss. 346.70(4)(f) and 346.73, Wis. Stats. and upon completion of report by the police officer or department.

9.07 STATE STANDARDS FOR MOTOR VEHICLE EQUIPMENT ADOPTED.

(1) Administrative Regulations Adopted. The administrative rules and regulations adopted by the Secretary of Wisconsin Department of Transportation and published in Chapter MVD 5 of the Wisconsin Administrative Code, exclusive of any provisions therein relating to the penalties to be imposed, are hereby adopted by reference and made part of this code as if fully set forth herein.

(2) Non-Compliance Prohibited. No person shall operate or allow to be operated on any highway, street or alley within the Town of Dunkirk a vehicle that is not in conformity with the requirements of sub. (1) or the equipment provisions of ch. 347, Wis. Stats., incorporated by reference in Section One of this Code.

(3) Owner’s Liability. Any owner of a vehicle not equipped as required by this Section who knowingly causes or permits such vehicle to be operated on a highway in violation of this Section is guilty of the violation the same as if he or she had operated the vehicle. The provisions of ss. 347.04 , Wis. Stats., relating to non-applicability of demerit points, shall apply to owners convicted of violation of this Section.

(4) Safety Checks.

a) Operator’s to Submit to Inspection. When directed to do so by any law enforcement officer, the operator of any motor vehicle shall stop and submit such vehicle to an inspection and such tests as are necessary to determine whether the vehicle meets the requirements of this Section, or that the vehicle's equipment is in proper adjustment or repair. No person, when operating a motor vehicle, shall fail to stop and submit such vehicle to inspection when directed to do so by any law enforcement officer as herein provided.

b ) Authority of Officer. Any law enforcement officer of the Town of Dunkirk is hereby empowered whenever he or she shall have reason to believe that any provision of this Section is being violated to order the operator of the vehicle to stop and to submit such vehicle to an inspection with respect to brakes, lights, turn signals, steering, horns and warning devices, glass, mirrors, exhaust systems, windshield wipers, tires and other items of equipment.

(5) Penalty. Penalty for violation of any provision of this Section including the provisions of ch. MVD5 of the Wisconsin Administrative Code, incorporated herein by reference, shall be as provided in Chapter 17 of this Code, together with the costs of prosecution and applicable penalty assessment.

9.08 DISPLAY OF POWER PROHIBITED.

No person shall make unnecessary and annoying noises with a motor vehicle, by squealing tires, excessive acceleration of engine, or by emitting unnecessary and loud muffler noises. (Garthwaite ordinance).

9.09 SNOWMOBILES.

(1) State Snowmobile Laws Adopted. Except as otherwise specifically provided in this chapter, the statutory provisions describing and defining regulations with respect to snowmobiles of Ch. 350, Wis. Stat., are hereby adopted by reference and made a part of this section as if fully set forth herein. Acts for which the penalty prescribed by Ch. 350, Wis. Stat., is a fine or imprisonment are excluded from this section. Acts required to be performed or prohibited by Ch. 350, Wis. Stat., are required or prohibited by this section.

(2) Applicability of Rules of the Road to Snowmobiles. The operator of a snowmobile upon a roadway shall in addition to the provisions of Ch. 350 be subject to ss. 346.04, 346.06, 346.11, 346.14(1), 346.18, 346.19, 346.20, 346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50(1)(b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92(1), and 346.94(1), (6), (6m), and (9), Wis. Stat.

(3) Permitting Operation by Improper Persons Prohibited. No owner or person having charge or control of a snowmobile shall authorize or permit any person to operate such snowmobile who is not permitted under state law to operate such snowmobile or who is under the influence of an intoxicant or dangerous or narcotic drug.

(4) Operation While Under the Influence Prohibited. Sec. 346.63, Wis. Stat., shall apply to the operation of a snowmobile any place within the Town.

(5) Written Consent of Owner Required. The consent required under ss. 350.10(6), (11), and (13), Wis. Stat., shall be written consent dated and limited to the year in which the consent is given. If the property is owned or leased by more than one person, the consent of each must be obtained.

9.10 INOPERABLE WRECKED OR DISCARDED VEHICLES.

(1) Storage Prohibited. No person owning or having custody of any partially dismantled. non-operable, wrecked, junked or discarded motor vehicle shall allow such vehicle to remain on any public highway, parking lot or ramp longer than 72 hours after notification thereof by the Police Department. Notification shall be accomplished by placing in a conspicuous place on the vehicle and by mailing or serving upon the owner or occupant in charge of the premises a written notice setting forth briefly the applicable provisions of this Section and the date of the notice. Any vehicle so tagged which is not removed within 24 hours after notice is declared to be a public nuisance and may be removed and disposed of as provided in 55. 10 of this Code.

(2 ) Exemptions. This Section shall not apply to a motor vehicle in an appropriate storage place or depository maintained in a lawful place and manner authorized by the Town of Dunkirk.

9.11 STREET STORAGE PROHIBITED.

No vehicle shall be left parked or standing on any street or parkway for more than 24 continuous hours, unless a permit to do so has first been obtained from the Town Constable or Chair. “Parkway" means that area between the sidewalk and the nearest curb line running parallel or generally parallel thereto.

9.12 PEDESTRIAN REGULATIONS.

(1) Pedestrian Obedience to Traffic Control Devices and Regulations

a) Obedience to Traffic Control Devices. No person shall fail to obey the instructions of any Uniform Traffic Control Device when traveling as a pedestrian on any highway within the Town of Dunkirk unless otherwise directed by a law enforcement officer.

b) Crossing at Crosswalks. No pedestrian shall cross at a crosswalk except on the right half therof whenever practicable. Where sidewalks are provided, no pedestrian shall walk along and upon an adjacent roadway except when the sidewalk is visibly unsafe, obstructed, or closed to public travel.

(2) Prohibited Pedestrian Crossings.

a) Between Controlled Intersections. No pedestrian shall cross between adjacent intersections at which Official Traffic Control Signals are in operation and crosswalks are provided, unless such crossing is permitted by Official Traffic Control Devices.

b) Crossing in Business Districts. No pedestrian shall cross a roadway, other than a crosswalk, in any business districts.

3) Jaywalking Prohibited. No pedestrian shall jaywalk. The following shall constitute jaywalking and shall be deemed a violation of this Section:

a) Crossing a roadway at a point within 300 feet of a marked crosswalk;

b) Crossing at a controlled intersection contrary to the signal lights or the direction of a traffic officer;

c) Failing to walk on the extreme left side of any roadway when there are no sidewalks or pathways for pedestrian travel available adjacent to or abutting said roadway;

d) Crossing a roadway intersection diagonally, unless authorized by Official Traffic Control Devices or a traffic officer;

e) Crossing a roadway intersection in any manner prohibited by Official Traffic Control Devices pertaining to such crossing movements.

9.125 USE OF DYNAMIC BRAKING DEVICES PROHIBITED

(1) Definition. A Dynamic Braking Device (commonly referred to as jake brakes, jacobs brake, engine brake, or compression brake) means a device primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes.

(2) Use Prohibited. It is unlawful for any person to operate any motor vehicle with a Dynamic Braking Device engaged within the Town in the following locations as designated by the Town Board:

1) THE ROAD KNOWN AS WILLIAMS DRIVE LOCATED WITHIN THE TOWN OF DUNKIRK

(3) Exceptions.

1) It is an affirmative defense to prosecution under this ordinance that Dynamic Braking Devices were applied in an emergency and were necessary to avert imminent danger to persons or property.

2) Emergency vehicles are exempt from this provision.

(4) Signs. Appropriate signs, consistent with applicable traffic sign and control laws, shall be posted on roads and in those areas where Dynamic Braking Device are prohibited.

(5) Penalty. Violations of this subsection shall be considered Class C forfeitures under Chapter 17 of this code of ordinances .

9.13 PENALTIES.

(1) Forfeiture Penalty. The penalty for violation of any provision of this traffic code, Chapter 9 of the Town of Dunkirk Code of Ordinances, shall be such forfeitures as are mandated by Chapter 17 of this Code of Ordinances, together with the cost of prosecution and the penalty assessment imposed by ss. 165.87, Wis. Stats., where applicable. Payment of the judgment may be suspended by the sentencing judge for more than 60 days. Any person who shall fail to pay the amount of the forfeiture, costs of prosecution and penalty imposed for violation of any provision of this code may, upon order of the court entering judgment therefor and having jurisdiction of the case, be imprisoned until such forfeiture, costs and assessment are paid, but not exceeding 30 days.

(2) Other Sanctions. Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes to suspend or revoke the operating privileges of the Defendant or to order the Defendant to submit to assessment and rehabilitation or attend traffic safety school in addition to payment of a monetary penalty or in lieu of imprisonment.

(3) Forfeitures for Uniform Traffic Offenses. Forfeitures for violations of any traffic regulation set forth in the Wisconsin Statutes adopted by reference in Section 1 of this traffic code shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable State statute, including any variations or increases for subsequent offenses; provided, however, that this subsection shall not permit prosecution under this code of any offense for which an imprisonment penalty or fine may be imposed upon the defendant.

(4 ) Forfeitures for Parking Violations.

a) Forfitures for Uniform Statewide Parking, Stopping and Standing Offenses. Minimum and maximum forfeitures for violation of the offenses described in 55. 346.51 to 346.55, Wis. Stats., adopted by reference in Section 1 of this code shall be:

OFFENSE (Forfeiture Minimum/Maximum )

346.51(1) Improper Parking on/off roadway ($ 30.00/$200.00)
346.52(1) Stopping/standing in prohibited areas ($30.00/$40.00)
2nd conviction within one year ($60.00/$100.00)
346.52(2) Stopping/standing on highway by grade school ($30.00/$40.00)
2nd conviction within one year ($60.00/$100.00)
346.53 Parking/standing where prohibited ($30.00/$40.00)
2nd conviction within one year ($30.00/$100.00)
346.54 Improper parking/standing of vehicle ($30.00/$40.00)
2nd conviction within one year ($60.00/$100.00)
346.55(1) Parking on left side of highway ($50.00/$100.00)
346.55(2) Parking vehicle for sale on highway ($50.00/$200.00)
346.55(3) Parking on posted private property ($30.00/$100.00)
2nd conviction within one year ($50.00/$100.00)

b) Penalty for Other Parking Violations. The penalty for all other parking violations not included under paragraph (a) shall be a Class A forfeiture as set forth in Chapter 17 of this Code of Ordinances.

9.14 ENFORCEMENT.

This ordinance shall be enforced in accordance with the applicable provisions of the Wisconsin Statutes and this Code of Ordinances. Special provisions applicable to violations of the Traffic Code are as follows:

Deposits and Stipulations

1. Who May Make. Persons arrested or cited for violation of moving traffic offenses created by this code shall be permitted to make deposits and stipulations of no contest or be released by the arresting officer in accordance with the applicable provisions of the Wisconsin Statutes.

2. Delivery or Mailing of Deposits and Stipulations. The deposit and stipulation shall be delivered personally by the person cited or mailed to the Clerk of the Municipal Court.

9.15 REFERENCES TO WISCONSIN STATUTES

(1) Statues Specifically Incorporated by Reference. Whenever this code incorporates by reference specific sections of the Wisconsin Statutes, such references shall mean the Wisconsin Statutes of 1989 as from time to time amended, repealed or modified by the Wisconsin Legislature.

(2) General References. General references in this code to Wisconsin statutory sections of chapters describing or defining procedures or authority for enactment or enforcement of local traffic regulations shall be deemed to refer to the most recent enactments of the Wisconsin legislature describing or defining such procedures or authorities.

9.16 SEVERABILITY.

The provisions of this code shall be deemed severable and it is expressly declared that the Town Board would have passed the other provisions of this code irrespective of whether or not one or more provisions may be declared invalid and if any provision of this code or the application thereof to any person or circumstances is held invalid, the remainder of the code and the application of such provisions to other persons or circumstances shall not be affected thereby.

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10.01 STATE LAWS ADOPTED

Except as otherwise specifically provided in this code, sections 167.30 (Use of firearms, etc., near park, etc.), 167.31 (Safe use and transportation of firearms and bows.), 939.22(10) (Dangerous weapons/defined.), 941.10 (negligent handling of burning material .), 941.13 (False alarms.), 941.20 (Endangering Safety by use of dangerous weapon.), 941.23 (Carrying concealed weapons.), 941.235 (Carrying firearm in public building ) , 941.24 (Possession of switchblade knife.), 943.01(1) (Criminal damage to property.), 943.13 (Trespass to land), 943.14 (Criminal trespass to dwellings.), 943.15 (Entry onto a construction site or into a locked building, dwelling or room.), 947.01 (Disorderly conduct.), and 948.60 (Possession of a dangerous weapon by a child.) of the Wisconsin Statutes~ except the statutory penalty provisions for the misdemeanors and/or felonies referred to therein are hereby adopted and by this reference made a part of this code as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this code. Any future amendments, revisions or modifications of the said incorporated provisions, shall become a part of this code without the need for further action by the Town.

10.02 ISSUE OF WORTHLESS CHECKS PROHIBITED

(1) Whoever issues any check or other order for the payment of money less than $500.00 which, at the time of issuance, he or she intends shall not be paid is guilty of a violation of this ordinance.

(2) Any of the following is prima facie evidence that the person at the time he or she issued the check or other order for the payment of money, intended it should not be paid:

(a) Proof that, at the time of issuance, the person did not have an account with the drawee; or,

(b) Proof, that at the time of issuance, the person did not have sufficient funds or credit with the drawee and that the person failed within five days after receiving notice of non-payment or dishonor to pay the check or other order; or ,

(c) Proof that, when presentment was made within a reasonable time, the person did not have sufficient funds or credit with the drawee and the person failed within five days after receiving notice of non-payment or dishonor to pay the check or other order.

10.03 ACCUMULATION OF JUNK PROHIBITED

(1) No property owner shall permit, on his or her property, the accumulation of junk vehicles, junk appliances, garbage, waste, refuse, trash, used tires or other scrap materials such as metal, paper, rags, cans, bottles, construction debris or any other debris which may create a health or safety hazard or, by its unsightliness, tend to depreciate property values.

The safe and healthy accumulation of such materials out of the public view and in compliance with all applicable State, County and Town regulations is not prohibited by this ordinance.

(2) Definitions

(a) “Junk Vehicles” means disassembled, inoperable, or wrecked motor vehicles (as defined in 340.01(35) Wis. Stats., trucks or truck bodies, tractors, trailers, recreational vehicles, snowmobiles, motorcycles, farm machinery* and similar machines or their components in such state of physical or mechanical ruin as to be incapable of use for their designed purpose and/or incapable of being legally used or operated upon the public roadways due to missing or inoperative parts, flat or removed tires or other defects including lack of valid license plates.

* Farm machinery, whether operable or not, which is kept on lands in agricultural use shall not be considered to be within the definitions or prohibitions of this ordinance.

(b) “Junk Appliance" means any stove, clothes or dish washer, refrigerator, water softener or heater, furnace, air conditioner, fan or other appliance which is incapable of use or, for a period of 30 days is not in use, for its designed purpose.

(3) Violation

(a) Where there is an accumulation of junk contrary to Section 10.03(1) hereof, the Constable or Town Board shall order the property owner to clean the premises, place them in order and make them sightly as specified in the order within not less than ten (10) days from the order.

(b) If the premises are not cleaned, placed in order and made sightly in accordance with the order and within the time specified therein, the property owner is in violation of this ordinance and subject to the penalties hereinafter provided.

(4) Clean-up, Special Assessment

(a) If, after conviction for one or more violations of this ordinance for the same junk accumulation, the premises are not cleaned, placed in order and made sightly in accordance with the original order, the Town Board, upon prior written notice to the property owner and hearing, may, by resolution, arrange to have the premises cleaned up and to have any junk accumulation removed and properly disposed of. Any cost incurred by the Town in so proceeding shall be charged to the property involved and shall be entered on the tax roll as a special assessment against the said property.

10.04 ENFORCEMENT

(a) This code may be enforced by the Town by the issuance of a municipal citation or by action in the Circuit Court.

(b) Enforcement of this code shall not be deemed the exclusive right of the Town and any person may proceed against any other person who may be in violation hereof.

10.05 PENALTIES

Violators of this chapter shall be subject to the penalties set forth in Chapter 17 of this code. In the event the violation is not one for which a bailor deposit schedule has been established as forth in 17.02(1) hereof, violators shall be subject to a Class C forfeiture as set forth in Paragraph 17.02(2). In the event a violator defaults on payment of a forfeiture, he or she may be imprisoned in the County jail until such sum has been paid but not exceeding thirty (30) days.

10.06 TOWN CONSTABLE

With the authorization of the Town meeting of April 13, 1993 the office of Town Constable was established pursuant to Stats. 60.10. The said meeting also set the number of constables at 1 Pursuant to 60.22(4) Stats., the Town Board has the authority to establish the jurisdiction and duties of such constable(s).

10.07 JURISDICTION, POWERS AND DUTIES OF TOWN CONSTABLE

The Town Constable(s) shall have the following jurisdiction, powers and duties:

(a) Direct and regulate traffic and make arrests for violations or traffic crimes and regulations of Chaps. 194 and 341 to 349, Wis. Stats., any Town of Dunkirk Ordinances in conformity with these chapters and for purposes of carrying out such duties shall be considered a traffic officer as defined in Sec. 340.01(70), Wis. Stats.

(b) Serve within the County of Dane any writ, process, order or notice, and execute any order, warrant or execution lawfully directed to or required to be executed by him or her by any court or officer.

(c) Inform the District Attorney of the County of Dane of all trespasses on public lands on which he or she has knowledge or information.

(d) Cause to be enforced and prosecuted all violations of the Town of Dunkirk Town Ordinances of which he or she has knowledge or information.

(e) Act on behalf of the Town Board of the Town of Dunkirk as directed to:

(1) See that orders of the Town Board of the Town of Dunkirk and ordinances of the Town of Dunkirk are obeyed.

(2) See that peace and order are maintained in the Town of Dunkirk.

(3) Obtain necessary assistance, if available, in case of emergency, except as provided under Ch. 166, Wis. Stats., for emergency government.

10.08 NONEXCLUSIVITY

(1) Definitions. Adoption of this ordinance 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 jurisdiction powers and duties of the Town Constable of the Town of Dunkirk as stated herein shall not preclude the Town Board of the Town of Dunkirk or any other Town officer of the Town of Dunkirk from proceeding under any ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.

10.09 CONFLICT AND SEVERABILITY

The provisions of this ordinance shall be deemed severable and it is expressly declared that the Town Board would have passed the other provisions hereof irrespective of whether or not one or more provisions may be declared invalid. If any provision hereof or the application thereof to any person or circumstances is held invalid~ the remainder of the ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby.

10.10 REGULATION OF DISCHARGE OF FIREARMS

(1) DEFINITIONS.

(a) TOWN means the Town of Dunkirk

(b) FIREARM has the meaning specified in s. 167.31 (1)(c), Wis. Stats.

(c) RIFLE for the purposes of this ordinance means a firearm or airgun designed to be fired from the shoulder by the energy of an explosive propellant or by compressed air, used to fire a single projectile for each pull of the trigger through a rifled or smooth barrel. This includes any firearm having a grooved (i.e. rifled) barrel that, upon discharge, projects a round or elongated projectile. For the purposes of hunting deer, muzzle-loading firearms and shotguns which fire a single projectile are not considered rifles. A shotgun of IO-gauge, 12-gauge, 20-gauge, or 41O-gauge being operated with a rifled barrel for the discharge of shotgun slugs shall not be considered to be a rifle under this ordinance.

(d) MUZZLE-LOADER means any smoothbore muzzle-loading firearm of not less than .45 caliber and any rifled muzzle-loading firearm of not less than .40 caliber, discharged from the shoulder and muzzle-loading handguns not less than .44 caliber with a minimum barrel length of 7 inches measured from muzzle to breech face that fire a single projectile weighing not less than 138 grains.

(e) SHOTGUN means a smoothbore barreled firearm designed to shoot pellets. Rifled shotgun barrels of at least 18 inches in length are considered to be shotguns if they fire a single projectile and are of the following gauges: 10, 12, 16, 20, 28.

(f) SPORT SHOOTING RANGE means an area within a bona fide business or club or association that is designed, equipped and operated for the practice of weapons used in hunting, skeet shooting and similar sport shooting.

(3) RIFLE PROHIBITION

No person shall discharge, or cause the discharge of, any rifle larger than .22 caliber rimfire or any center-file rifle .22 caliber or larger, within the Town, during any gun deer hunting season.

(4) DISCHARGE OF FIREARMS NEAR HIGHWAYS OR TOWN OWNED LAND

(a) No person shall discharge, or cause the discharge of any firearm across any Town highway or within 50 feet of the center of any roadway in the Town.

(b) No person shall discharge any firearm on any property owned by the Town.

(5) EXCEPTIONS

Unless otherwise indicated, the prohibitions of this ordinance shall not apply to:

(a) Any peace officer(s) in the performance of his, her, their duties.

(b) Any member of the U. S. armed forces or the national guard in the performance of his, her, their duties.

(c) Any private security person as defined in s. 440.26(1m)(h), Wis. Stats., who meets all of the requirements under s. 167.31(4)(a)(4), Wis. Stats.

(d) Activities upon any bona fide Sport Shooting Range.

(e) Any property owner or adult occupant of any real estate within the Town may discharge any rifle upon the premises so owned or occupied as aforesaid, provide such discharge is for the sale purpose of protection of life, subject to s. 939.48, Wis. Stats., and property subject to s. 939.49, Wis. Stats.

(6) PENALTY FOR VIOLATION

Any violation of this section shall be subject to a forfeiture of not less than $200.00 nor more than

$500.00, together with any and all applicable court costs, fees and costs of prosecution.

(7) SEVERABILITY

In the event that any section of this ordinance shall be declared or adjudged by a court of

competent jurisdiction to be invalid or unconstitutional, such adjudication shall in no manner affect the

other sections of this ordinance, which shall be in full force and effect as if the said section(s) were not

originally a part thereof.

10.11 - SLOW NO WAKE AREA

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(a) Wake Prohibited. No person shall operate a motorized water vehicle at a speed in excess of slow-no wake on the waters of the Yahara River North of the Dunkirk Dam in the Town of Dunkirk. (Map)

(b) Definition, The term “slow-no wake” means that speed at which a board moves as slowly as possible while still maintaining steerage control.

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11.01 PURPOSE

This chapter concerns itself with the regulation and prevention of public nuisances. Its purpose is to promote the public health~ safety and convenience and to protect the general welfare of the community including the value of property.

11.02 PUBLIC NUISANCES PROHIBITED

No person shall erect, contrive, cause, continue, maintain or permit to exist, on any lands which such person owns, occupies or controls, any public nuisance within the Town of Dunkirk.

11.03 PUBLIC NUISANCES DEFINED

A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to:

(1) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public;

(2) In any way render the public insecure in life or in the use of property, including threatening to reduce the value of property;

(3) Greatly offend the public morals or decency;

(4) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way or the use of public property.

11.04 PUBLIC NUISANCES

The following are specifically declared to be public nuisances but such enumeration shall not be construed to exclude other things, acts, occupations and so on as come within the definition set forth in 11.03 above.

(1) Burial Plots, burying grounds and cemeteries. After the effective date of this section, it shall be unlawful to establish , construct, create, or use any land in the Town of Dunkirk as a burial plot, burying ground, cemetery, or place for the storage or disposal of human remains. Existing burial plots, burying grounds, or cemeteries, which were in use prior to the effective date of this Section are not prohibited or otherwise affected by this Section.

(2) Noxious weeds. In accordance with the provisions of Wisconsin Statutes §66.96 or its successors, every person shall destroy all noxious weeds on all lands which he or she owns, occupies or controls.

(3) Rank Growth of Vegetation, untended lawns. Every person shall so manage the lands which he or she owns, occupies or controls so as to avoid rank growth of vegetation, specifically including the growth of lawns which exceed one foot in length. Lawns or other growths which, as determined by the weed commissioner, are so unsightly as to threaten the value of adjacent properties or which provide a place for mice or other vermin to live and breed, violate this subparagraph. Before any enforcement action is taken against any person deemed to be in violation of this section, such person shall be given written notice of the condition complained of and afforded not less than 10 days to correct the condition.

(4) Expanding Regulated Land Use. No land use which is limited, controlled or regulated by a conditional use permit, zoning variance or private deed restriction shall be increased, expanded or modified beyond the level or manner of use originally contemplated and described by the applicant landowner unless the landowner first obtains an amended permit or restriction explicitly permitting such expanded or modified use.(5) Putting Town Waters at Risk. The quality of the Town's surface and underground waters being of paramount importance to the public health and safety, to the preservation of property values and to the avoidance of a Town obligation under § 281.77 Wis. Stats. to provide clean water to members of the public whose private water supplies are damaged: no person shall discharge, pump or drain into or onto the underground or surface waters of the Town any waters which have been brought from outside the Town to be treated, remediated or cleaned in the Town.

11.05 ENFORCEMENT

(1) This ordinance may be enforced by the issuance of a municipal citation or by action in the Circuit Court.

(2) Enforcement of this ordinance shall not be deemed the exclusive right of the Town and any person may proceed against any other person who may be in violation hereof.

11 .06 PENALTIES

(1) The general penalties section of this code, Chapter 17, shall apply to violations of this chapter.

(2) If after conviction for one or more violations of this ordinance, the violator fails to bring the affected premises into compliance herewith, the Town Board, upon prior written notice to the person affected and hearing, may, by resolution, arrange to have the violation corrected and to have any cost incurred by the Town in so proceeding charged to the property involved and entered on the tax roll as a special assessment against the said property.

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12.01 BUILDING PERMIT REQUIRED.

No person shall build or cause to be built anyone or two-family dwelling without first obtaining a state uniform building permit for such dwelling. Such building permit shall be furnished by the Town of Dunkirk. A copy of such permit issued shall be filed with the town building department.

12.02 BUILDING PERMIT FEE.

The building permit fee shall be $250.00 for each new dwelling whether a duplex or single family. The fee for remodeling shall be the greater of$3.00 per $1,000.00 of project cost or $15.00.

12.03 BUILDINGS TO CONFORM TO DWELLING CODE.

All dwellings constructed in the Town of Dunkirk shall conform to the State of Wisconsin Uniform Dwelling Code.

12.04 RESTRICTION OF HOLDING TANK USE.

(1) Holding Tanks Prohibited in New Construction. The Town Board, having found that the County of Dane has not adopted an ordinance prohibiting the installation and use of holding tanks for new construction and having the power to enact such prohibition itself pursuant to the provisions of ILHR 83.1 8(2)(b) Wisconsin Administrative Code, adopted by authority of Chapter 145 Wisconsin Statutes, the installation and/or use of "holding tanks" (as defined in ILHR 83.02(26) in any and all new construction in the Town is hereby prohibited.

(2) Appeal Procedure. Any person wishing to install and/or use a holding tank in new construction contrary to the prohibition in (1) above, may appeal in writing to the Town Board. Upon such appeal the Board will hold a public hearing, on notice, to determine whether grounds exist to grant a variance to the prohibition contained in (1) above. Variances will be granted only on a showing by the applicant that a variance from the prohibition is necessary to avoid a severe and substantial hardship to the property owner and that said hardship is of such severity as to overcome the public interest in avoiding the increase of holding tanks in the Town with all of their attendant difficulties. Variances may not be granted based on "hardships" which the applicant could have avoided or on the mere inability, without a variance, to develop land to the maximum extent otherwise permissible. In the event a variance is granted, the Town Clerk will, in writing, notify the Wisconsin Department of Industry, Labor and Human Relations of such variance.

12.05 PENALTIES AND ENFORCEMENT

The Town Board and/or the building inspector may enforce compliance with this Chapter by means of the withholding of building permits, imposition of forfeitures and injuncture actions as provided by Wisconsin Statutes, Chapter 62.23(9). Violations hereof may also result in a Class D forfeiture under Chapter 17 of this code. Each day that a violation continues shall be considered a separate violation.

12.06 SEVERABILITY.

If any section, clause, provision or portion of this Chapter or applicable portion of the Wisconsin Administrative Code as supplemented and amended from time to time, is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall not be affected thereby.

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13.01 PURPOSE.

The purpose of this ordinance is to establish a Town of Dunkirk records retention schedule and authorize destruction of Dunkirk records pursuant to the schedule on an annual basis. Records custodians may destroy a record prior to the time set forth in the schedule only if such a record has been photographically reproduced as an original record or converted to optical disk format pursuant to section 16.61 (7), Wis. Stats. Any record not covered by this ordinance or any regulation or law shall be retained 7 years unless the record is added by amendment into the ordinance and the shorter time period is approved by the state Public Records and Forms Board.

13.02 DEFINITIONS.

(1) "Legal Custodian" means the individual responsible for maintaining records pursuant to Section 19.33, Wis. Stats.

(2) "Record" has the meaning defined in Section 19.32 (2), Wis. Stats.

13.03 GENERAL PROVISIONS.

(1) HISTORICAL RECORDS-NOTIFICATION TO STATE HISTORICAL SOCIETY OF WISCONSIN

(A) Under s. 19.21 (4)(a), Wis. Stats., municipalities must notify the State Historical Society of Wisconsin (SHSW) prior to destroying records. However, the SHSW has waived the required statutory 60 day notice for any record designated in the retention schedule with "Waived" (waived notice). The SHSW must be notified prior to destruction of any record designated with "Notify" (not waived). "NIA" indicates not applicable and applies to any record designated for permanent retention with the original custodian.

(B) Notice to the SHSW is also required for any record not listed in this ordinance.

(2) MICROFILMING OR OPTICAL IMAGING OF RECORDS

Local units of government may keep and preserve public records through the use of microfilm or optical imaging providing the microfilm or optical imaging meets the applicable standards in sections 16.61 (7), Wis. Stats., (microfilm) and 16.612, Wis. Stats, (optical imaging). Retention periods and estimated costs and benefits of converting records between different media should be considered in deciding which records to microfilm or store in optical disk format. After verification records converted to microfilm or optical imaging should be destroyed. The retention periods identified in this ordinance apply to records in any media.

(3) DESTRUCTION AFTER REQUEST FOR INSPECTION.

No requested records may be destroyed until after the request is granted or 60 days after the request is denied. Ifan action is commenced under Section 19.37, Wis. Stats., the requested record may not be destroyed until after a court order is issued and all appeals have been completed. See 19.35 (5), Wis. Stats.

(4) DESTRUCTION PENDING LITIGATION.

No record subject to pending litigation shall be destroyed until the litigation is resolved.

(5) REVIEW AND APPROVAL BY PUBLIC RECORDS AND FORMS BOARD.

The attached schedule and the retention periods of less than 7 years have been reviewed and approved by the Public Records and Forms Boards.

13.04 RECORDS RETENTION SCHEDULES.

(1) LEGEND.

(A) Record ID #: a unique control number for each type of record.

(B) Brief Description: specific file items that are grouped together by same function or purpose.

(C) Retention Period: the time that the identified records must be kept until destruction.

(D) CR: date of receipt or creation of record

(E) FIS: current fiscal year

(F) EVT: refers to an occurrence that starts the retention "clock ticking" (e.g., close of contract, termination of employee, disposition of a case)

(G) Period of Time: expressed in years unless specifically identified as months or days.

(H) Authority: any specific statutory, administrative rule, or specific regulation determining retention of a record. (Usually blank because units of government have discretion to establish a time period.)

(I) SHSW Notification: whether or not a town must notify the State Historical Society of Wisconsin of its intention to destroy records. Notice to the SHSW is required for any record not listed in this ordinance.

"Waived": required notification has been waived

"Notify": notification by the local unit of government is required.

"N/A": notification is not applicable because the records have been designated for permanent retention by the local unit of government

(2) SCHEDULES.

See attachment.

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14.01 LAND USE PLAN ADOPTED.

The land use plan of the Town of Dunkirk as first adopted in 1979 is hereby adopted and incorporated in this Code of Ordinances as Chapter 14 hereof.

14.02 TABLE OF CONTENTS AND PLAN

INTRODUCTION

The Setting

Reasons for the Plan

BACKGROUND DATA

Population

Growth and Development Indicators

1970 Land Use

Farm Statistics

Maps

OBJECTIVES AND POLICIES

Land Use Objective

Policies

AMENDMENT PROCEDURES

PLAN IMPLEMENTATION

Exclusive Agricultural Zoning

Other Zoning

Subdivision Regulations

TOWN OF DUNKIRK LAND USE PLAN

Introduction

The Setting

The Town of Dunkirk, located in southeastern Dane County, is bounded by the Dane County Towns of Albion, Rutland and Pleasant Springs to the East, West and North, respectively, and by the Rock County Town of Porter to the South. The major transportation link in the Town is U. S. Highway 51 connecting Madison and Janesville.

The topography of the Town is characterized by flat to rolling countryside. This terrain coupled with rich agricultural soils make Dunkirk ideal for agricultural production. The other major physical feature is the Yahara River which bisects the Town from North to South. There are also several streams, many of which flow into the Yahara River, having broad floodplains.

Dunkirk is a rural, agricultural community characterized by an abundance of prime farmland, as classified by the U. S. Department of Agriculture. Therefore, farming is the principal land use as well as the major occupation. According to 1976 statistics there are 102 farms and 17,573 acres of farmland in the Town. This represents 81% of the total acreage. The remaining 19% includes, in descending order, vacant land, residential, transportation and utilities, commercial and industrial and service uses according to a 1970 land use survey.

The City of Stoughton, located in the northwest comer, is the major urban center serving the Town. As such, the city provides commercial and community services as well as non-farm employment opportunities to Town residents. In addition, the city has a full range of public services. Consequently, it has been in the interest of both the Town and the City to encourage new development adjacent to existing urban areas. Further, the City has extra-territorial zoning power within 1 'li miles of the City limits. The City Urban Service Area, as designed in the County Land Use Plan, extends beyond the City limits into the Town.

Reasons for the Plan

The Town of Dunkirk has not been experiencing a high degree of development pressure. However, the Town has recognized that unplanned development, particularly on a large scale, can occur in such a way that conflicts and problems with agricultural uses may occur. It is to avoid these problems and to preserve valuable land that this town land use plan has been developed.

Through this plan the Town is establishing guidelines upon which development decisions can be based. By referring to plan objectives and policies and the plan map, it becomes possible for public and private decision-makers to consider the effect of a single proposal on a variety of factors. Further, this plan should not be viewed as a rigid, fixed document but rather as a flexible base capable of being changed to meet changing conditions. As a result a balance can be struck between the needs and desires of present and future residents and the best development pattern given the limitations of the land.

In developing this plan, the Town assessed existing land uses, developed a series of maps identifying land characteristics, conducted public meetings for citizen input and reviewed existing relevant statistics. From this study, the land use plan was developed to guide future decision-making.

Background Data

Population

Since 1970 the population of the Town of Dunkirk has remained stable according to Wisconsin Department of Administration estimates. This stability is in marked contrast to the rapid growth which occurred in the 1960-1970 decade when there was an increase of 629 persons or 41.6%. The losses experienced in the last decade are in large part attributable to annexations by the City of Stoughton. Table 1 shows population trends in the Town since 1940.

TABLE 1

DUNKIRK POPULATION

Year • Population • Change • Percent

*1940 • 1,276

*1950 • 1,294 • 18 • 1.14%

*1960 • 1,510 • 216 • 16.69%

*1970 • 2,139 • 629 • 41.66%

**1974 • 2,049 • -90 • -4.21%

**1975 • 1,971 • -78 • -3.81%

**1976 • 1,962 • -9 • -.46%

**1977 • 1,962 • 0 • 0%

**1978 • 2,139 • 177 • 9.02%

Source: *U. S. Census • **Wisconsin Department of Administration Annual Estimates

Growth and Development Indicators

Since the adoption of the County Land Use Plan, the Regional Planning Commission has been gathering and analyzing data related to building activity and parcel creation. These statistics provide reliable insight into the direction of development within a community. Tables 2

and 3 present this data.

Table 2 - Building Permits Issued

Year Single Family Duplex Multi-Family Total

1970 11 0 0 11

1971 29 2 0 31

1972 22 0 0 22

1973 20 2 0 22

1974 5 0 0 5

1975 7 0 0 7

1976 6 0 0 6

1977 12 0 0 12

Total 112 4 0 116

Source: Dane County Regional Planning Commission, Growth and Development Indicators, 1978

TABLE 3 - LAND DIVISIONS AND SUBDIVISIONS

Year Parcels in Subdivisions Certified Survey Parcels Total Parcels

1972 0 5 5

1973 0 1 1

1974 0 1 1

1975 0 9 9

1976 0 18 18

1977 52 15 67

Total: 52 49 101

Source: Dane County Regional Planning Commission, Growth and Development Indicators, 1978

The average units built per year is very near the average number of parcels created which seems reasonably balanced as an average. However, over the past few years, the trend has been for less units constructed and increased lots created. This trend could lead to some problems with larger numbers of vacant undeveloped lots in the Town.

Public records indicate that in 1977 there were 270 vacant parcels of 15 acres or less in size in the Town. Using the average construction figure from the table, this is enough vacant parcels for the next 18 years without creating additional parcels. 1970 Land Use

The amount of land in various uses provides an indication of the extent and type of development. Table 4 presents land use statistics as of 1970.

TABLE 4 - 1970 LAND USE

Use Acres % of Total

Residential 742.3 3.4%

Single Family Non-Farm 277.3

Duplex 0.9

Multi-Family 1.1

Farm Dwellings 461.5

Mobile Homes 1.5

Manufacturing 17.2 1.1%

Commercial 23.3 0.1%

Government and Education 18.7 0.1%

Recreation 8.2 -

Transportation and Utilities 683.6 3.2%

Agriculture and Vacant 19,782.7 91.6%

Water 330.6 1.5%

Total 21,606.6 100%

Developed Acreage 1,493.3 6.9%

Source: Dane County Regional Planning Commission, Land Uses in Dane County, 1972

Farm Statistics

Farm statistics provide a general indication of agricultural trends within the Town. The information on Table 5 was collected from the Wisconsin Assessor Farm Statistics for the years shown. It was collected from the Town Assessor and compiled by the Wisconsin Statistical Reporting Service.

TABLE 5 - FARM STATISTICS

1967 1976 % Change

Number of Farms 149 102 -31.5%

Acres of Farmland 20,733 17,573 -15.2%

Average Acres Per Farm 139 172 +23.7%

Acres of Corn 7,903 9,289 +17.5%

Acres of Oats 1,298 630 -51.4%

Acres of Soybeans 227 301 +32.6%

Acres of Hay 3,129 2,218 -29.1%

Pasture and other Farmland 6,887 3,328 -51.7%

Number of Milk Cows 1,817 1,408 -22.7%

Number of Hogs 2,629 2,808 +6.8%

Number of Beef Cattle 1,123 64 -94.3%

Number of other Cattle Marketed 371 1,022 +175.0%

Other Cattle 2,613 +100%

Source: Wisconsin Assessor Farm Statistics

Maps

As part of the planning process, a number of maps were prepared. These maps indicate physical limitations of the land and existing uses within Dunkirk.

Map: Agricultural Soils

Map 1 identifies significant productive farmland as classified by the Soil Conservation Service. Prime farmland is land that had been identified as nationally significant productive land. Farmland of Statewide Significance is self-explanatory and includes additional soil classes. In addition, it is pointed out that productive land may exist that is locally significant but is not included in the prime and state classifications. Therefore, these lands deserve special attention in plan development and future decision-making.

Map 2: Soils Limited for Septic Tank Absorption Fields

Map 2 indicates those lands that are not suitable for residential development as identified in the Dane County Soil Survey. The soil properties considered are those that affect both the absorption of effluent and construction and operation of the system. Properties that affect absorption are permeability, depth to bedrock or water table and susceptibility to flooding. The degree of slope affects layout and construction as well as the risk of soil erosion, lateral seepage and downslope flow of effluent.

It is noted that generally those lands best suited to development are also those soils that are most productive. In addition, it may also be necessary to cross productive lands to reach developable lands.

Map 3: Water Resources

Map 3 identifies water bodies, 100-year floodplains, wetlands and drainage divides. Development should be discouraged in these areas due to their environmental function and problems that can occur during construction and increase costs (e.g., floodproofing).

Map 4: Woodlands

The woodlands map indicates that there are few large wooded areas in the Town. Wooded areas provide desirable homesites. However, care should be taken when development is considered to assist in the preservation of the existing visual environment. Further, woods often occur in floodplains, areas which limit development potential.

Map 5: Existing Land Use

Map 5 shows the present land uses. As is immediately apparent, the Town is primarily agricultural. However, the number of scattered residences and the residential clustering in some areas indicates an existing or potential conflict with agricultural uses.

Map 6: Zoning

The zoning map is self-explanatory and identifies existing zoning in the Town. In addition, the City has extraterritorial zoning jurisdiction extending 1.5 miles into the Town from the Stoughton city limits.

Objectives and Policies

Objectives and policies are a critical element of the planning process and form the backbone of any plan. To establish objectives and policies existing conditions must be assessed and judgments made about how to proceed. Thus, they are value determinations to guide the pattern of development against which individual proposals can be evaluated. The importance of clearly identified objectives and policies becomes evident when it is realized that development decisions based on the plan and its objectives and policies affect not one person but also neighbors and ultimately the entire community.

The Town Plan Committee has thoroughly discussed the objectives and policies and has sought input from the public. As a result, the following objectives and policies have been developed for the Town.

Land Use Objective

The primary objective is to preserve the productive farmlands of the Town for continued agricultural use and to protect farm operations from conflict with incompatible uses. To achieve this goal, most of the lands within the Town of Dunkirk shall be classified or zoned as agricultural other than the lands already zoned for some other use. Some additional development is provided for in the plan policies.

Land Use Policies

The following policies have been developed to achieve and refine the goal stated above. The policies are intended to be used as a reference by the Town Plan Committee and the County Zoning Committee when reviewing zoning changes and development proposals.

These policies should be used in conjunction with the Plan Map. The Plan Districts identified on that map illustrate the general pattern of land uses which meet the Town's overall development goals.

1. Agricultural

a. To protect farm operations for future production from encroachment of incompatible uses and help qualify Town farmers for benefits of the Wisconsin Farmland Preservation Act.

b. Non-farm residential development will be restricted to those areas with soils not classified as prime farmland or those of statewide importance (as shown on maps) providing the lot is one (1) acre or more at a density of one lot per 40 acres within a farm unit and is rezoned from agriculture.

c. No roads or driveways shall be permitted to cross agricultural land to reach non-farm development without approval by the Town Planning Committee and Town Board. Such roads or driveways may be approved under the following conditions:

1) If minimal amounts of land are removed from agricultural use for the purpose of the road or driveway.

2) If the road or driveway does not interfere with agricultural activities on adjacent land.

d. All lots shall abut directly on a public road.

e. All private roads or driveways shall be constructed in compliance with Town ordinance requirements.

f. There will be no restrictions on noise, odor and the keeping of animals associated with ordinary farm operations in the exclusive agricultural zone.

g. Lands in the exclusive agricultural district can be rezoned for non-farm residential development at an overall density of no greater than one dwelling unit per forty acres if they meet the following criteria:

- Land which is not economically viable for farming or where there has not been a history of productive farming activities.

- Land located such that there would be no possible conflict with the surrounding agricultural uses.

- Land which does not require the development of a public road.

- Land which does not disturb or destroy any important natural resources and features such as significant woodland areas, wetlands, steep slopes, etc.

The minimum lot size shall be one acre.

2. Residential

a. To allow for unsewered residential development in those areas shown on the plan map with one-half acre minimum lot size.

b. All new subdivisions shall be located adjacent to existing subdivisions in the town. Generally, these will be located within the Stoughton Urban Service Area.

c. To prevent residential strip development.

3. Commercial and Manufacturing

a. To encourage major commercial and industrial development to locate in or adjacent to existing urbanized areas where public sewer is available or planned.

b. To prevent strip commercial development along roadways.

c. To prohibit isolated commercial or industrial development in agricultural areas where it would result in environmental degradation, conflicts with farming or adversely affect the rural character of the Town. New commercial or industrial development in rural areas should be located near existing business development.

d. To provide for commercial and industrial development that is compatible with adjacent uses. A buffer area shall be provided between uses.

e. To zone only that portion of land necessary for the contemplated use when rezoning is requested.

4. Resource Protection Areas

a. To identify and protect the natural resources such as: floodplains, wetlands and woodlands.

b. Floodplain areas and natural drainage-ways shall not be filled or altered in a way that reduces their function.

5. Conservation

a. All residents within the Town will be encouraged to follow soil conservation plans and to utilize soil conservation practices.

b. The Town shall encourage the management of woodlands in a way that promotes future timber and wildlife values.

6. Transportation

a. To promote new development near or adjacent to existing population centers to facilitate efficient transportation methods.

b. To promote clustering of all developments to minimize curb cuts and increase safety.

Amendment Procedure

As stated earlier, the Town Plan is a guide for future development. As such, it must be capable of changing to meet changing conditions. To this end, an annual Town Plan Amendment procedure and a procedure to change plan districts have been developed. Both of these procedures require official Town Board action and public meetings to obtain citizen views.

Town Plan Amendment Procedure

The Town Planning Committee will continue to study issues and problems relating to the use of land in the Town and on an annual basis evaluate this plan's effectiveness and recommend needed changes to the Town Board.

1. The Town Planning Committee will notify all concerned individuals and conduct a public meeting to gather and present information.

2. Following the public meeting, the Plan Committee shall make a recommendation to the Town Board.

3. The Town Board shall hold a public hearing on the recommendations of the Planning Committee.

4. The Town Board at a regular meeting shall act on the Plan Committee's recommendation and approve, deny and amend any proposed change to this plan.

Plan District Change Procedure

Changes can be proposed to Town Plan Districts at any time through the following procedure:

1. Any resident of the Town can make a request in writing to the Planning Committee to change district boundaries. This request must include the reason for the request.

2. The Town Planning Committee will review the request to determine its consistency with Town Plan policies.

3. The Plan Committee will make its recommendation to Town Board.

4. The Town Board will hold a public meeting on the request prior to taking action. Letters will be sent to adjoining landowners notifying them of the meeting.

Plan Implementation

Having developed a set of basic objectives and policies and a Plan Map, the next step in the planning process is to relate them to specific actions the Town can take to assure that proper development conforms with the intent of the Plan. This section lists those actions proposed to implement the Plan.

Exclusive Agricultural Zoning

The Town of Dunkirk will shortly adopt the A-I Exclusive Agricultural Zoning District of the Dane County Zoning Ordinances. Following this action nearly all land use changes will require re-zoning. It is the intent of the Town to apply the agricultural policies in evaluating proposed changes in this district. Of particular importance will be those policies identifying density requirements and re-zoning criteria. In this manner, it is intended that productive agricultural land will be preserved and development will be directed to other areas.

Other Zoning

Zoning in areas other than Agricultural Districts can be altered as needed, providing the changes are consistent with the policies of those Plan Districts.

The Resource Protection policies refer principally to floodplain areas. Thus, these policies can be partially implemented by the floodplain provision of the County Zoning Ordinance. Additional protection can be achieved through conservancy zoning.

Subdivision Regulations

The Dane County Subdivision Regulations are currently in effect in the Town of Dunkirk. The Town will review these regulations and supplement them where necessary to reflect the policies of the Town. It is intended that these regulations will benefit not only the Town by promoting orderly development but also the developer/owner by providing available standards. Further, it is possible that these regulations will help identify potential site development problems.

Approval of all plats and certified survey maps will be based on consistency with the Plan.

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15.01 GRANT OF FRANCHISE.

There is granted to TCI Cablevision of Wisconsin, Inc. (TCI), with offices at 5723 Tokay Boulevard, Madison, Wisconsin, 53703, a non exclusive franchise to install, maintain and operate a cable television system for the distribution of television signals, frequency modulated radio signals, closed circuit television programs, data transmissions and any and all additional services which are now or may be commonly associated with the cable television industry in the future. The term of this grant is for fifteen (15) years. TCI is the holder of cable television franchises in the municipalities, villages and towns contiguous to the Town of Dunkirk. TCI is a joint venture consisting of the principals that own TCI Cablevision of Wisconsin, Inc., the cable television operation in Madison, Wisconsin. It is the purpose and intent of this franchise to grant TCI Cablevision of Wisconsin, Inc. the authority to extend and operate its cable television system in the Town of Dunkirk such that said system is, subject to economic realities, similar in all material respects regarding programming service, rates and technological capacity to TCI Cablevision of Wisconsin, Inc.'s systems operating in the surrounding communities. The Town of Dunkirk recognizes that in certain instances, for economic reasons, it may not be economically feasible for the cable television system to be extended to all residents of the Town of Dunkirk, in which case the extension of service shall be subject to the extension policy of TCI Cablevision of Wisconsin, Inc. attached and marked Exhibit A to this ordinance.

15.02 DEFINITIONS.

The following words and phrases, whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such word or phrase:

1. "Additional Service."

Any subscriber service provided by the grantee for which a special charge is made in addition to the regular monthly charge paid by all subscribers.

2. "Annual Gross Subscriber Revenues ."

All monthly service revenues received by the grantee in connection with the operation of the Cable System in the Town of Dunkirk, including revenues from data transmission and per program charges.

3. “Basic Subscriber Service.”

Subscriber services provided by the grantee, including the delivery of broadcast signals and programming originated over the cable system, covered by the regular monthly charge paid by all subscribers.

4. “Board.”

The duly elected Town Board of the Town of Dunkirk or other future governing body of said entity. A system of antennas and other receiving equipment, cables, wires, lines, towers, waveguides, laser beams or any other conductors, converters, equipment or facilities, designed or constructed for the purpose of producing, receiving, amplifying and distributing by audio, video and other forms of electronic or electrical signals to and/or from locations in and outside the Town of Dunkirk.

5. "Full Network Services,"

All ”basic services " and "additional services" offered by the grantee.

6. “Grantee."

TCI Cablevision of Wisconsin, Inc.

7. ”Subscriber.”

A purchaser of any service delivered by grantee pursuant to this franchise,. and "subscriber" shall also include all persons who are not required to pay any fee, but receive any service delivered by grantee pursuant to this franchise.

8. “Substantially Completed”

Construction will be considered substantially completed when sufficient distribution facilities have been installed so as to permit the offering of "basic subscriber service” to at least eighty percent (80%) of the dwelling units in each of the initial service areas.

9. “Town.”

Town of Dunkirk.

15.03 FRANCHISE EXPIRATION AND CANCELLATION.

1. The Town may revoke any franchise granted hereunder and rescind all rights and privileges associated therewith subject to Subparagraph B herein upon the occurrence of one of the following events.

a. Failure of the grantee to pay all fees due the Town provided that said fees are not the subject of a legal dispute.

b. An unauthorized failure of the grantee to provide services to existing subscribers for a period of 30 days.

c. Failure of the grantee to have substantially completed construction of the cable system within the initial service area within the time provided in this ordinance.

d. Other material or substantial breach of any term or condition of this ordinance.

2. In the event the Board determines it is in the public interest to terminate the cable television franchise, the Board shall give the grantee sixty (60) days written notice of its intention to terminate and stipulate the cause. If during the sixty (60) day period, the cause shall be cured, the notice and right to terminate shall be null and void. The grantee shall, in any event, be given an opportunity to be heard before the Board regarding termination and the grantee shall be afforded all due process rights regarding termination. In the event of termination, the Board shall provide a written summary of its reasons for termination and said decision shall be subject to judicial review.

15.04 TRANSFER OF CONTROL.

No transfer of effective ownership or control of the cable system may take place, whether by forced or voluntary sale, or any other form of disposition, without prior notice to and approval by the Board. The Board shall grant approval so long as it has received adequate assurance that the succeeding franchise holder will comply with this ordinance and provide adequate service and performance. For purposes of this section, a “transfer of effective ownership or control" shall be taken to mean and include the acquisition, within any consecutive period of twelve (12) months, of more than thirty percent (30%) interest in the grantee's voting stock, franchise rights, physical system, or substantially all of the property used in the conduct of the business by any person or group of persons acting in concert who before that period did not enjoy such interest or representation. Such definition shall not include the disposition of facilities or equipment no longer required in the conduct of the business or a pledge or mortgage or similar instrument transferring conditional ownership of all or part of the system's assets to a lender or creditor in the ordinary course of business.

15.05 FRANCHISE TERRITORY AND EXTENSION OF SERVICE.

1. The initial service area to be covered by the franchise is particularly described as follows: That area presently being provided with cable television service subject to the line extension policy attached and marked Exhibit A to this ordinance.

2. The grantee shall have substantially completed construction within the initial service area within fifteen (15) months of the effective date of the franchise.

3. The grantee shall be required to extend its service into any part of the Town of Dunkirk pursuant to the attached extension policy. Where the density is less than as set forth in said policy, extensions shall be required only when subscribers desiring the grantee's services shall agree to bear the cost of the materials and labor necessary to construct the extension.

4. The grantee shall be allowed to furnish service to areas outside the initial service area provided, however, that the construction or provision of services to such other areas does not prohibit, impede or delay the substantial completion date of the system within the initial service area.

15.06 SUBSCRIBER PRIVACY.

No monitoring of any terminal connected to the system shall take place without specific written authorization by the user of the terminal in question.

15.07 TECHNICAL STANDARDS AND COMPLAINTS.

1. Grantee shall maintain a cable television system of equal technological capability and in compliance with all technological standards similar to the systems in surrounding environs to the Town of Dunkirk. The purpose and intent of this provision is to require the grantee to maintain its cable television system in the same manner in which it is operating in surrounding communities. This shall include, but not be limited to, compliance with all Federal Communications Commission technological standards. The Town of Dunkirk recognizes that the system serving the Town of Dunkirk is an extension of the cable television system serving the surrounding franchise areas and that grantee cannot provide additional technological capabilities or maintain higher technical standards than as in the surrounding communities.

2. The full network service as provided by the grantee to subscribers in the Town of Dunkirk shall, subject to copyright, program charges and delivery costs, consist of the same program format and content provided by the grantee to surrounding cable television systems for equivalent services.

3. Grantee shall keep a record of complaints received for a period of one year after receipt of said complaints and shall make available to the Board, upon request, a compilation of such complaints showing when received and the general nature of the complaints.

15.08 RATES,

1. The Town of Dunkirk shall not exercise rate-making authority over any services of grantee, including but not limited to the basic rates charged for basic services, provided however, that the rates charged by grantee shall not at any time exceed the rates charged subscribers in the City of Stoughton for similar services.

2. The grantee shall be allowed to charge up to Twenty five Dollars ($25.00) per installation charge. It is understood that the grantee may, from time to time, waive the installation charge for purposes of marketing.

15.09 GRANTEE'S USE OF TOWN RIGHTS.

Upon acceptance of this franchise, Grantee is hereby granted the right to erect, maintain, and operate in the streets, alleys and utility easements of the Town of Dunkirk and other public places a cable system. The poles used for such distribution shall be those erected or used by the local utilities. The grantee may erect its own poles where necessary after first obtaining permission from the Board.

15.10 METHOD OF INSTALLATION.

1. All installations made by the grantee shall be made in good, substantial, safe condition and maintained in such condition at all times and shall be made in accordance with all applicable rules and regulations, included in the rules and regulations of the utility company owning any poles utilized by the grantee. The grantee shall make no excavations in the streets, alleys and public places without first procuring a written permit from the Town Engineer or other authorized representative of the Town, and all work of such kind shall be done so as to meet the approval of the Town's Engineer or other person authorized by the Town to approve such work.

2. The grantee's transmission and distribution system poles, wires and appurtenances shall be located, erected and maintained so as not to interfere with the lives or safety of persons, or to interfere with improvements the Town may deem proper to make, or to unnecessarily hinder or obstruct the free use of the streets, alleys, bridges or other public property.

3. Grantee shall restore all areas of construction and/or excavation to the condition existing prior to the beginning of construction and/or excavation.

15.11 AUTHORITY TO TRIM TREES.

The grantee shall have the authority to trim trees upon any overhanging streets, alleys, sidewalks and other public places of the Town, so as to prevent the branches of such trees from coming in contact with the wires and cables of the company.

15.12 INDEMNITY.

1. The grantee shall indemnify, defend and save the Town and its agents and employees harmless from all claims, damages; losses and expenses, including attorney's fees, sustained by the Town on account of any suit, judgment execution, claim or demand whatsoever arising out of the installation, operation, maintenance, repair use or removal of the cable system, except for such claims, damages, losses and expenses, including attorney's fees, which are attributable in part or in whole to acts of the Town or its agents.

2. The grantee shall maintain throughout the term of the franchise a general comprehensive liability insurance policy naming as an additional insured the Town, its officers, boards, commissions, agents and employees, in a company approved by the Town, protecting the Town and its agencies and employees against liability for loss or damage for personal injury, death or property damage, occasioned by the operations of grantee under the franchise granted hereunder, in the amounts of One Million Dollars ($1,000,000.00) for bodily injury or death to anyone person within the limit, however, of Three Million Dollars $3,000,000.00) for bodily injury or death resulting from anyone accident, and Five Hundred Thousand Dollars ($500,000.00) for property damage resulting from anyone accident.

3. The insurance policy shall contain an endorsement stating that the policy is extended to cover the liability assumed by the grantee under the terms of this ordinance and shall further contain the following endorsement:

It is hereby understood and agreed that this policy may not be cancelled nor the amount of coverage thereof reduced until thirty (30) days after receipt by the Town Clerk by registered mail of a written notice of such intent to cancel or reduce the coverage.

15.13 FEES.

The grantee shall pay to the Town an annual fee in the amount of three percent (3%) of the annual gross subscriber revenues as defined herein.

15.14 JOINT USE.

The grantee shall grant to the Town, free of expense, joint use of any and all poles owned by it for any proper municipal purposes, insofar as it may be done without interfering with the free use and enjoyment of the grantee's own wires and fixtures, and the Town shall hold the grantee harmless from any and all actions, causes of action, or damage caused by the placing of the Town's wires or appurtenances upon the poles of the grantee. Proper regard shall be given to all existing safety rules governing construction and maintenance in effect at the time of construction.

15.15 UNAUTHORIZED CONNECTIONS OR MODIFICATIONS

1. It shall be unlawful for any firm, person, group, company, corporation or governmental body or agency, without the expressed written consent of the grantee, to make or possess any connection, extension or diversion, whether physically. acoustically, inductively, electronically or otherwise, with or to any segment of the cable system for any purpose whatsoever.

2. It shall be unlawful for any firm, person, group, company, corporation or government body or agency to willfully interfere, tamper, remove, obstruct or damage any part, segment or content of the cable system for any purpose whatsoever.

3. Any person violating this section shall be subject to a forfeiture of up to Five Hundred Dollars ($500.00) per occurrence and may be required to pay for any damages resulting from said violation. Each continuing day of the violation shall be considered a separate occurrence.

15.16 SEVERABILITY.

Should any word, phrase) clause, sentence, paragraph or portion of this ordinance and franchise be declared to be invalid by a Court of competent jurisdiction, such adjudication shall not affect the validity of this ordinance and franchise as a whole, but shall only affect the portion thereof declared to be invalid; and the Town hereby expressly states and declares that it would nonetheless have passed this ordinance and granted this franchise had it known that any such word, phrase, clause, sentence, paragraph or portion of said franchise were invalid.

15.17 COMPLIANCE TO LAWS, RULES AND REGULATIONS

In the event any valid law, rule or regulation of any governing authority or agency having jurisdiction, including but not limited to, the Federal Communications Commission, contravenes the provisions of this ordinance subsequent to its adoption, then the provisions hereof shall be superseded to the extent that the provisions hereof are in conflict with any such law, rule or regulation.

15.18 PROTECTION OF NONSUBSCRIBERS.

Grantee shall at all times keep its cables and other appurtenances used for transmitting signals protected in such a manner that there will be no interference with communications signals received by persons not subscribing to grantee1s service.

15.19 CONFLICT WITH OTHER ORDINANCES.

Should any other ordinance or part thereof be in conflict with the provisions of this ordinance, this ordinance shall prevail insofar as it applies to a Cable Communications Systems Franchise granted to TCI Cablevision of Wisconsin, Inc.

LINE EXTENSION POLICY

There are two categories of line extensions; distribution system extensions and service drop extensions.

DISTRIBUTION SYSTEM EXTENSION.

The distribution system is defined to include all trunk cable, feeder cable, directional taps, amplifiers and line equipment necessary to provide points of connection with service drops. Normally, the distribution system is located on public streets, alleys, roads and back lot lines so that it may be extended to other applicants. It may also be located on easements granted by the property owner.

Complete Channel TV CO.’s policy in determining the feasibility of an extension of the distribution system is that the cable distribution system will be extended beyond the present plant configuration at such time as a minimum of 35 applicants per mile of extension have petitioned the company for cable service. The extension of the distribution system will be at no cost to the subscribers. The individual installations will be subject to the then existing installation rate and the service drop extension policy.

SERVICE DROP EXTENSION.

A service drop is defined as the cable or cables between the distribution pedestal or pole and the point of attachment to the applicants receiver. Service drop extensions will be provided at prescribed installation rates to the subscriber if the subscriber resides within 300 feet of the legally accessible route or path to the subscriber from the distribution system and if the installation does not involve unusual connection circumstances. Subscribers located in excess of 300 feet from the distribution system will be charged Complete Channel TV CO.’s time and materials for installation of the service to that subscriber.

The following are examples of unusual connection circumstances which will require a charge back to subscriber for cost and materials (See Section 31.18(1)(c) of the Broadband Telecommunications Ordinance):

1. If it is necessary to bore or cut a patch through or under roads, driveways, parking lots or other inaccessible areas, there will be a charge for the time and materials of said construction. This will also include the construction of conduits and/or manholes.

2. If it is necessary to remove or replace concrete, such as sidewalks, there will be a charge for time and materials.

3. Whenever amplifiers or line extenders are needed to serve the subscriber, there will be a charge for the installation and cost of said amplifiers or line extenders.

4. If it is necessary to build aerial plant because of the inaccessibility of the subscriber, there will be a charge for the time and materials of said construction.

5. If it is necessary to install or construct underground extension plant, as distinguished from underground drops, there will be a charge for the cost of construction.

6. If it is necessary to cross a railroad crossing or obtain an easement for said crossing, the cost of the easement or crossing will be charged back to the subscriber.

The above examples are examples of unusual connection charges which will be charged back to the subscriber whether or not he or she is within 300 feet of the distribution system.

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16.01 Title.

Recycling Ordinance for the Town of Dunkirk. This ordinance replaces revised Chapter 16, of the Dunkirk Code of Ordinances adopted March 21, 1994 and effective on March 31, 1994, the date of publication.

16.02 Purpose.

The purpose of this ordinance is to promote recycling, compo sting, and resource recovery through the administration of an effective recycling program, as provided in s. 159.11, Wis. Stats., and Chapter NR 544, Wis. Administrative Code.

16.03 Statutory Authority.

This ordinance is authorized under s. 159.09(3)(b), Wis Stats., and s. 1.15 and 1.17 of Ch. 1 of Code of Ordinances for Town of Dunkirk, adopted September 20, 1993.

16.04 Abrogation and Greater Restrictions.

It is not intended by this ordinance to repeal, abrogate, annul, impair or interfere with any existing rules, regulations, ordinances or permits previously adopted or issued pursuant to law. However, whenever this ordinance imposes greater restrictions, the provisions of this ordinance shall apply.

16.05 Interpretation.

In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. Where any terms or requirements of this ordinance may be inconsistent or conflicting, the more restrictive; requirements or interpretation shall apply. Where a provision of this ordinance is required by Wisconsin Statues, or by a standard in Chapter NR 544, Wis. Administrative Code, and where tile ordinance provision is unclear, the provision shall be interpreted in light of the Wisconsin Statues and the Chapter NR 544 standards in effect on the date of the adoption of this ordinance, or in effect on the date of the most recent text amendment to this ordinance.

16.06 Severability.

Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected. .

16.07 Applicability.

The requirements of this ordinance apply to all personas within the Town of Dunkirk.

16.08. Administration.

The provisions of this ordinance shall be administered by The Town Board of the Town of Dunkirk or through those that said Board would assign administration duties.

16.09 Effective Date.

The provisions of this ordinance shall take effect on publication of notice of adoption of the ordinance by the Town Board.

16.10 Definitions.

For the purposes of this ordinance:

(1) "Bi-metal container" means a container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.

(2) "Container board" means corrugated paperboard used in the manufacture of shipping containers and related products.

(3) "Foam polystyrene packaging" means packaging made primarily from foam polystyrene that satisfied one of the following criteria:

(a) Is designed for serving food or beverages.

(b) Consists of loose particles intended to fill space and cushion the packaged article in a shipping container.

(c) Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.

(4) "HDPE" means high density polyethylene, labeled by the SPI code #2.

(5) "LDPE" means low density polyethylene, labeled by the SPI code #4.

(6) "Magazines" means magazines and other materials printed on similar paper.

(7) "Major appliance" means a residential or commercial: air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, stove, furnace, boiler, dehumidifier or water heater.

(8) "Multiple-family dwelling" means a property containing 5 or more residential units, including those which are occupied seasonally. (Currently Dunkirk has none.)

(9) "Newspaper" means a newspaper and other materials printed on newsprint.

(10) "Non-residential facilities and properties" means commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple family dwellings.

(11) "Office paper" means high grade printing and writing papers from offices in nonresidential facilities and properties. Printed white ledger and computer printout are examples of office paper generally accepted as high grade. This term does not include industrial process waste.

(12) "Other resins or multiple resins" means plastic resins labeled by the SPI code #7.

(13) "Person" includes any individual, corporation, partnership, association, local / governmental unit, as defined in s. 66.299(1)(a), Wis. Stats., state agency or authority or federal agency.

(14) "PETE" means polyethylene terephthalate, labeled by the SPI code #1.

(15) "Plastic container" means an individual, separate, rigid plastic bottle, can, jar or carton, except for a blister pack, that is originally used to contain a product that is the subject of a retail sale.

(16) "Postconsumer waste" means solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in s. 144.61(5), Wis Stats., waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in s. 144.74(7)(a)1., Wis Stats.

(17) "PP" means polypropylene, labeled by the SPI code #5.

(18) "PS" means polystyrene, labeled by the SPI code #6.

(19) "PVC" means polyvinyl chloride, labeled by the SPI code #3.

(20) "Recyclable materials" includes lead acid batteries; major appliances; waste oil, yard waste; aluminum containers; corrugated paper or other container board; foam polystyrene packaging, glass containers; magazines; newspapers; office paper; rigid plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins; steel containers; waste tires; and bi-metal containers.

(21) "Solid waste" has the meaning specified in s. 144.01(15), Wis. Stats.

(22) "Solid waste facility" has the meaning specified in s. 144.43(5), Wis. Stats.

(23) "Solid waste treatment" means any method, technique or process which is designed or change the physical, chemical or biological character or composition of solid waste. "Treatment" includes incineration.

(24) "Waste tire" means a tire that is no longer suitable for its original purpose because of wear, damage or defect.

(25) "Yard waste" means leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material no greater than 6 inches in diameter. This term does not include stumps, roots or shrubs with intact root balls.

16.11 Separation or Recyclable Materials.

Occupants of single family and 2 to 4 unit residences, multiple-family dwellings and non-residential facilities and properties shall separate the following materials from postconsumer waste:

(1) Lead acid batteries

(2) Major appliances

(3) Waste oil

(4) Yard waste

(5) Aluminum containers

(6) Bi-metal containers

(7) Corrugated paper or other container board

(8) Foam polystyrene packaging

(9) Glass containers

(10) Magazines

(11) Newspaper

(12) Office paper

(13) Rigid plastic containers made of PETE, HOPE, PVC, LDPE, PP, PS, and other resins or multiple resins

(14) Steel containers

(15) Waste tires

16.12 Separation Requirements Exempted.

The separation requirements of s. 1.11 do not apply to the following:

(1) Occupants of single family and 2 to 4 unit residences, multiple-family dwellings and non-residential facilities and properties that send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in s. 1.11 from solid waste in as pure a form as is technically feasible.

(2) Solid waste which is burned as a supplemental fuel at a facility if less than 30% of the heat input to the facility is derived from the solid waste burned as supplemental fuel.

(3) A recyclable material specified in s. 1.1(5) through (15) for which a variance has been granted by the Department of Natural Resources under s. 159.11(2m), Wis. stats., or s. NR 544.14, Wis. Administrative Code.

16.13 Care of Separated Recyclable Materials.

To the greatest extent practicable, the recyclable materials separated in accordance with s. 1.11 shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other non-recyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain, and other inclement weather conditions.

16.14 Management of Lead Acid Batteries, Major Appliances, Waste Oil and Yard Waste.

Occupants of single family and 2 to 4 unit residences, multi-family dwellings and non-residential facilities and properties shall manage lead acid batteries, major appliances, waste oil and yard waste as follows:

(1) Lead acid batteries shall be taken to a recycling facility or private salvage.

(2) Major appliances shall be taken to a recycling facility or private salvage. Microwaves may be disposed of in a landfill after the capacitor has been removed.

(3) Waste oil shall be taken to the County recycling facility (to one of the various collection points) or to a private recycling facility.

(4) Yard waste shall be taken to the Town Landfill on the first Saturday of each month, to the County Landfill or to a private recycling facility or landfill.

16.15 Preparation and Collection of Recyclable Materials.

Except as otherwise directed by temporary Town resolutions, occupants of single family and 2 to 4 unit residences shall do the following for the preparation and collection of the separated materials specified in s. 1.11 (5) through (15):

(1) Aluminum contains shall be cleaned and placed at "curbside" for pickup by the contracted waste/recyclable hauler on the appropriate day each week or taken to a private recycling facility.

(2) Bi-metal containers shall be cleaned and placed at "curbside" for pickup by the contracted waste/recyclable hauler on the appropriate day each week or taken to a private recycling facility.

(3) Corrugated paper and other container board shall be flattened to a size less than 3-foot square, empty and free of food debris and other contaminated material, bundled, and placed at "curbside" for pickup by the contracted waste/recyclable hauler on the appropriate day each week or taken to a private recycling facility.

(4) Foam polystyrene packaging shall be taken to a private firm (i.e. Brown Sales) or remailing facility. (This is on waiver by the DNR until 1996).

(5) Glass containers shall be cleaned and placed at "curbside" for pickup by the contracted waste/recyclable hauler on the appropriate day each week or taken to a private recycling facility.

(6) Magazines shall be tied in bundles not more than 12 inches thick or in paper grocery bags and placed at "curbside" for pickup by the contracted waste/recyclable hauler on the appropriate day each week or taken to a private recycling facility. They may also be taken to a private facility or, if interested, a local library or school.

(7) Newspaper shall be dry, free of paper not normally included in the newspaper and placed in tied bundles not more than 12 inches thick or in paper grocery bags and placed at "curbside" for pickup by the contracted waste/recyclable hauler on the appropriate day each week or taken to a private recycling facility.

(8) Office paper is not yet formally recycled but may be taken to a private facility.

(9) Rigid plastic containers shall be prepared and collected as follows:

(a) Plastic containers made of PETE, including soda bottles and liquor bottles, shall be cleaned and placed at "curbside" for pickup by the contracted waste/recyclable hauler on the appropriate day each week or taken to a private recycling facility.

(b) Plastic containers made of HDPE, including milk and detergent bottles, shall be cleaned and placed at "curbside" for pickup by the contracted waste/recyclable hauler on the appropriate day each week or taken to a private recycling facility.

(c) Plastic containers made of PVC are on waiver from the DNR until 1996.

(d) Plastic containers made ofLDPE are on waiver from the DNR until 1996.

(e) Plastic containers made ofPP are on waiver from the DNR until 1996.

(f) Plastic containers made ofPS are on waiver from the DNR until 1996.

(g) Plastic containers made of other resins or multiple resins are on waiver from the DNR until 1996.

(10) Steel containers shall be cleaned with the label removed and placed at "curbside" for pickup by the contracted waste/recyclable hauler on the appropriate day each week or taken to a private recycling facility.

(11) Waste tires shall be taken to the County Landfill or to a private recycling facility.

(12) Residents shall place items (1), (2), (5), (9) and (10) of this section in an 18 gallon recycling bin provided by the waste/recycling contractor. Residents may purchase additional bins, if needed, from the contractor.

16.16 Responsibilities of Owners or Designated Agents of Multiple-Family Dwellings.

(1) Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in s. 1.11(5) through (15):

(a) Provide adequate, separate containers for the recyclable materials.

(b) Notify tenants in writing at the time of renting or leasing the dwelling and at least semi-annually thereafter about the established recycling program.

(c) Provide for the collection of the materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility.

(d) Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, locations and hours or operation, and a contact person or company, including a name, address and telephone number.

(2) The requirements specified in (1) do not apply to the owners or designated agents of multiple-family dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in s. 1.11(5) through (15) from solid waste in as pure a form as is technically feasible.

16.17 Responsibilities of Owners or Designated Agents of Non-Residential Facilities and Properties.

(1) Owners or designated agents of non-residential facilities and properties shall do all of the following to recycle the materials specified in s. 1.11(5) through (15):

(a) Provide adequate, separate containers for the recyclable materials.

(b) Notify in writing, at least semi-annually, all users, tenants and occupants of the properties about the established recycling program.

(c) Provide for the collection of the materials separated from the solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility.

(d) Notify users, tenants, and occupants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, locations and hours or operation, and a contact person or company, including a name, address and telephone number.

(2) The requirements specified in (1) do not apply to the owners or designated agents of non-residential facilities and properties if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in s. 1.11(5) through (15) from solid waste in as pure a form as is technically feasible.

16.18 Prohibitions on Disposal of Recyclable Materials Separated for Recycling.

No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in s. 1.11(5) through (15) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.

16.19 Non-recyclable Material.

Non-recyclable materials including garbage placed at curbside for private collector/haulers shall be at a time designated by the private collector/haulers. Unless dumpsters or other bins are available, these shall not be placed in containers or bags exceeding 30 gallons in capacity or 50 pounds in weight and must be securely closed. Reasonable alternative accommodations that are safe and unobtrusive may be made for disposal of refuse.

16.20 Residents Choosing Not to Use Town-Contracted Trash/Recyclable Hauler.

All residents are encouraged to use the Town-Contracted Trash/Recyclable Hauler. If other means are desired, the resident shall make written application for use of other means to provide for recyclables to the Town Board, through the Clerk. All persons or entities in the municipality generating solid waste shall made a good faith effort to separate recyclables from non-recyclables. Applicants for private recyclable means must provide. in their application to the Town Board, proof that they are complying with this Town Recycling Ordinance.

16.21 Enforcement.

(1) For the purpose of ascertaining compliance with the provisions of this ordinance, any authorized officer, employee or representative of the Town of Dunkirk, including the contracted hauler, may inspect recyclable materials separated for recycling, postconsumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and nonresidential facilities and properties, and any records relating to recycling activities, which shall be kept confidential when necessary to protect proprietary information. No person may refuse access to any authorized officer, employee or authorized representative of the Town of Dunkirk who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.

(2) Any person who violates a provision of this ordinance may be issued a citation by the Town Constable to collect forfeitures. the issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this paragraph.

(3) Penalties for violating this ordinance may be assessed as follows:

(a) Any person who violates s. l.18 may be required to forfeit $50 for a first violation, $200 for a second violation, and not more than $2000 for a third or subsequent violation.

(b) Any person who violates a provision of this ordinances, except s. 1.18, may be required to forfeit not less than $10 nor more than $1000 for each violation.

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17.01 PURPOSE

The purpose of this chapter is to establish penalties and methods of enforcement for violations of this code.

17.02 PENALTIES

Any person who shall violate any of the provisions of this Code shall, upon conviction of such violation, be subject to penalty, which shall be as follows:

(1) General Penalties: Unless otherwise specifically set forth therein, all code sections adopted from state statutes shall carry the assigned bail schedule and forfeiture range as stated in the following schedules of the State of Wisconsin as set down by the Wisconsin Judicial Conference. Revised Uniform State Traffic Deposit Schedule Alcoholic Beverages, Harassment and Safety Violations Bail Schedule Uniform Misdemeanor Bail Schedule Trespass to Land Deposit Schedule, Conservation Boating, Snowmobile and ATV Violations

(2) Other Penalties, Forfeiture Classes: Other penalties which may be referred to in this code shall be as listed below. Minimum and maximum penalties for each offense are indicated in parentheses.

Forfeiture Class Description/Minimum Forfeiture Maximum Forfeiture

A FIRST VIOLATION (PARKING ONLY) $ 10.00

B FIRST VIOLATION (25) $ 25.00

SECOND VIOLATION IN 12 MONTHS (25-100) $ 100.00

C FIRST VIOLATION (25-250) $ 250.00

SECOND VIOLATION IN 12 MONTHS (250-500) $ 500.00

D FIRST VIOLATION (50-500) $ 500.00

SECOND VIOLATION IN 12 MONTHS (500-1500) $ 1,500.00

(3) Omnibus provision: If a person is convicted of a violation of this code for which no specific penalty is expressed, such person shall pay a forfeiture not to exceed $200.

(4) Separate violations: Each violation and each day a violation continues or occurs shall constitute a separate offense.

17.03 ENFORCEMENT METHOD

(1) This Code of Ordinances may be enforced by the issuance of Municipal Citations which shall contain the information required by Wis. Stats. § 800.02, or its successor.

(2) Issuance of Citations. The Town Constable, any member of the Town Board, the Town Clerk or any Dane County law enforcement officer may issue Municipal Citations hereunder.

(3) This code may also be enforced by such action in the Circuit Court, including but not limited to injunctive relief, as the Town Board may authorize.

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The Town Board of Supervisors of the Town of Dunkirk, Dane County, Wisconsin, DO ORDAIN as follows:

Section I

An Ordinance (“Ordinance”) to create the Town of Dunkirk Rural Preservation Commission (“Commission”) and to establish the Town of Dunkirk Rural Preservation Program (“Program”) pursuant to the laws of the State of Wisconsin, specifically including Sections 60.10(2)(c) and (e), 60.10(3)(a), 60.22(3), 61.34(1). 61.34(3m), and 700.40 of the Wisconsin Statutes is hereby created to read as follows:

I. DECLARATION OF PURPOSE

A. Purpose of the Program. The purpose of the Dunkirk Rural Preservation Program is to protect and preserve agricultural lands, natural areas and the rural character of the Town of Dunkirk by the acquisition of development rights and agricultural and natural area conservation easements.

B. Mechanism to achieve purpose. The purchase of development rights and the placement of conservation easements on farmland and natural areas is a public purpose of the Town of Dunkirk. Participation in the Program by landowners will be voluntary only. The Program will work with willing, eligible landowners to permanently acquire such rights and easements through written agreements with said landowners.

II. DEFINITIONS

A. Town Board means the Town of Dunkirk Board of Supervisors.

B. Conservation Easement means a holder’s nonpossessory interest in real property within the Town of Dunkirk imposing any limitation or affirmative obligation the purpose of which includes protecting farmland to maintain the character of the Town of Dunkirk, permanently preserving scenic vistas and natural areas, including wetlands, lakes, streams and woodlots, creating and preserving “buffer zones” around significant environmental areas and agricultural areas, retaining or protecting natural, scenic or open space values of real property, assuring the availability of real property for agricultural, forest, recreational or open space uses, protecting natural resources, maintaining or enhancing air or water quality.

C. Commission means the Town of Dunkirk Rural Preservation Commission. D. Conservation interest means a holder’s interest in a conservation easement, a third party right of enforcement in a conservation easement or fee title interest in real property.

E. Nonprofit conservation organization means a nonprofit corporation, a charitable trust or other nonprofit association whose purposes include the acquisition of property for conservation purposes and that is described in Section 501(c)(3) of the Internal Revenue Code as is exempt from federal income tax under Section 501(a) of the Internal Revenue Code.

III. RURAL PRESERVATION COMMISSION

A. Creation. There is hereby created the Town of Dunkirk Rural Preservation Commission (hereinafter the “Commission”).

B. Duties. The Commission shall report to the Town Board.

1. The Commission shall be responsible for the general supervision of the Program as set forth in this Ordinance including, but not limited to, those duties stated in paragraph 2 below.

2. The duties of the Commission shall include, but not be limited to, the following:

a.) Maintaining contact with public and private agencies to maximize the resources and coordinate efforts to preserve agricultural lands, natural areas and the rural character of the Town of Dunkirk.

b.) Establishing selection criteria for ranking and prioritizing of applications to the Program. Subject to Town Board approval required in section V(C).

c.) Reviewing, scoring and ranking all applications according to the adopted selection criteria and determining whether to recommend that development rights be acquired.

e.) Establishing and approving the restrictions and permitted uses under the conservation easement. Subject to Town Board approval required in section V(E)

f.) Arranging for, reviewing, and accepting appraisals for determining the value of the conservation easements. Subject to section V(D).

g.) Negotiating the terms, including the price, for the purchase of development rights and conservation easements. Subject to section V(E) and section V(F).

h.) Establishing monitoring procedures and overseeing subsequent monitoring to insure compliance with the conservation easement.

C. Membership. The Commission shall consist of at least seven (7) members and no more than nine (9) members. The members shall be appointed by the Town Chairman subject to confirmation by the Town Board. At least four (4) members or a simple majority of members of the Commission shall be property owners of the Town at all times and the remaining members may be property owners or non‐property owners. In addition, a representative of a non‐profit conservation organization shall serve as a member. Only electors of the Town shall be eligible to serve as Chair of the Commission. In addition to the representative of a non‐profit conservation organization, the members shall be chosen, to the extent possible, to include the following persons:

1. A person with background and experience in agriculture.

2. A person with background and experience in conservation or planning.

3. A person with background in real estate, law, or finance.

D. Officers. The Commission shall have the following officers:

1. A Chair. The Commission shall designate by majority vote a member who is an elector of the Town to act as Chair of the Commission. The Chair shall preside at all meetings of the Commission. In his or her absence, the Commission shall designate by majority vote a member to serve as presiding officer of its meeting. The Chair shall serve only while he or she is a member of the Commission. His or term may be terminated at any time by majority vote of the Commission with or without cause for termination. If the Chair is terminated or vacates the position by death or resignation, a new Chair shall be designated in the same manner.

2. A Secretary. The Secretary shall be selected from the Commission members by a majority vote of the Commission at the first meeting of the Commission to serve until May 31 of the following year. Thereafter, the Secretary shall be elected in the same manner at the first meeting of the Commission held in the month of May to serve from June 1 of that year to May 31 of the following year. The Secretary shall maintain records of the Commission’s work, including minutes of all meetings of the Commission. If approved by the Town Board, the Commission may elect to hire a Secretary who is not a member of the Commission. In that case, the Secretary shall be entitled to participate in discussions, but shall not have voting authority.

3. Additional Officers. The Commission may establish additional officers as it determines necessary or convenient to the operation of the Commission and shall establish the means of selecting such officers and their duties by majority vote of the Commission.

E. Terms. The representative of a nonprofit conservation organization shall serve a three year term expiring on the third anniversary after appointment. To assist with continuity and historical memory, the remaining members of the Commission shall serve staggered terms. Two of the initial members shall be designated to serve for terms expiring on the first anniversary of their appointment, two other initial members shall be designated to serve for terms expiring on the second anniversary of their appointment, and the remaining two initial members shall be designated to serve for terms expiring on the third anniversary of their appointment. After their initial terms, members shall be appointed for three year terms each to remain on a staggered term schedule.

F. Rules of Procedure. The Commission may adopt rules of procedure governing its deliberations. In the absence of any other such rules, the Commission shall conduct its proceedings in accordance with Robert’s Rules of Order, latest revised edition.

IV. RURAL PRESERVATION PROGRAM EXPENDITURES.

The Town Board is authorized to acquire conservation interests in real property or to make payments to nonprofit conservation organizations for the purpose of rural preservation as provided herein.

A. Conservation Easement Purchases. The Town Board may, subject to subsection D, expend funds for the costs associated with the purchase or acceptance of donated holders’ interests or third party rights of enforcement in conservation easements as defined, respectively, in Secs. 700.40(1)(b) and 700.40(1)(c) of the Wisconsin Statutes.

B. Land Purchases. The Town Board may, subject to subsection D, expend funds for the purchase of land for the purpose of rural preservation.

C. Payments to Nonprofit Organizations. The Town Board may, subject to subsection D, appropriate money for payment to a nonprofit conservation organization for the conservation of natural resources within the Town or beneficial to the Town through the acquisition of conservation interests, provided that the recipient organization submits and the Town Board approves a detailed plan for the work to be done as provided for in Section 60.23(6) of the Wisconsin Statutes. The Town Board may attach such conditions and restrictions on the appropriation as the Town Board considers necessary and appropriate to protect the Town’s interests in rural preservation.

D. The Commission may recommend to the Town Board, the expenditure of funds under subsections A, B, or C.

E. Indirect Program Costs. In addition to the purchase price there for, the Town Board may expend funds for the payment of indirect costs associated with the conduct of the Program, including costs of administration, and acquisition of conservation interests, including but not limited to survey costs, title evidence, baseline data documentation, attorneys’ fees, appraisers’ fees, environmental assessments, transfer taxes, monitoring/endowment fees, recording fees and conservation easement enforcement.

F. Rural Preservation Fund. Funding for the Rural Preservation Program shall be deposited in a special or segregated Rural Preservation Fund. Money in such Fund may be temporarily deposited in such institutions or invested in such obligations as may be lawful for the investment of Town of Dunkirk money. Revenues from the deposit and/or investment of the Rural Preservation Fund shall be applied and used solely for the purpose of acquiring conservation easements under this Ordinance on land within the Town of Dunkirk and for indirect Program costs. Funds may be use for making payments obligated under installment purchase contracts or bonds.

V. PROCEDURE FOR ACQUISITION OF CONSERVATION INTERESTS

A. The Town Board may acquire conservation interests only from willing owners and may not exercise its power of eminent domain to acquire such interests.

B. The Town Board may conduct public meetings or public hearings as it determines necessary or convenient to the consideration of Rural Preservation Program expenditures.

C. The Program selection criteria for ranking and prioritizing of applications must be approved by the Town Board, after giving due consideration to the recommendations of the Commission in such regard.

D. Prior to purchasing any conservation interest, the Town Board shall cause an appraisal to be prepared by a state certified appraiser setting forth the fair market value of the interest proposed to be purchased.

E. The Town Board shall make the final decision regarding the terms of the conservation easement, after giving due consideration to the recommendations of the Commission in such regard.

F. All conservation easement purchases must be approved by the Town Board and approved by a majority of the electors of the Town voting on the measure at a Special Town Meeting or Annual Town Meeting.

VI. ALIENATION OF ACQUIRED INTERESTS.

Except where the intention to reconvey a conservation easement is expressly provided for in the Town Board’s authorization to acquire such interest, no conservation interests acquired by the Town under the provisions of this Ordinance shall thereafter be alienated, unless all the following conditions have been met:

A. The Town Board or the Commission has conducted a public hearing for the purposes of considering the proposed alienation;

B. The Town Board has referred this issue to the Commission, for its consideration and recommendation before final action is taken by the Town Board on the proposed alienation. Unless such recommendation is made within 30 days, or such longer period as may be stipulated by the Town Board, the Town Board may take final action without it;

C. A resolution in support of the proposed alienation is adopted by an affirmative vote of two‐thirds of the members of the Town Board; and

D. Affirmative action by the majority of the electors of the Town voting on the measure at a Special Town meeting or Annual Meeting;

E. A resolution in support of the proposed alienation is adopted by a majority of the members of the governing body of any public agency or nonprofit conservation organization which jointly undertook the acquisition of the conservation interest proposed to be alienated.

F. Town conservation easements shall include a provision that, if an easement is terminated and the property is subsequently sold, exchanged, or taken in condemnation then, the Town shall be entitled to a portion of the proceeds for such sale, exchange or condemnation. The Town shall use the proceeds from any sale, exchange, or involuntary conversion of all or any portion of the property subsequent to such termination or extinguishment in a manner consistent with the conservation purposes of this ordinance.

VII. CONFLICT OF INTEREST.

Commissioners and Town Board members shall disclose any conflict of interest or potential conflict of interest and may not deliberate or vote when a conflict exists. Conflict of interests include, but are not confined to, situations where (1) the board member is the applicant; (2) the member is a close relative of the applicant; (3) the board member has a close business association or ties with the applicant; (4) the board member, a relative, or a business associate could receive financial gain or benefit from the acceptance or denial of the application. These qualifications are in addition to, but not in lieu of, any other statutory or common law provisions relating to conflict of interest or incompatibility of office provisions.

VIII. AMENDMENT OR REPEAL.

This Ordinance may be amended or repealed only by affirmative vote of the Town Board following a public hearing.

IX. SEVERABILITY.

Should any provision of this Ordinance be adjudged invalid by a court of competent jurisdiction, such adjudication shall not affect the validity of any other provision of this Ordinance.

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19.01 PREAMBLE

The purpose of this ordinance is to promote the health, safety, prosperity, aesthetics and general welfare of the people and communities within the Town of Dunkirk, Dane County, Wisconsin and set forth the rules and procedures for this municipality regarding solar energy systems (“Systems”) within the Town. This ordinance is adopted pursuant to the Town’s village and police powers under secs. 60.10(2)(c) and 61.34, Wis Statues.

19.02 INTENT

(1) The general intent of this ordnance is to regulate the location, construction, installation, alteration, design, operation, and use of all solar energy systems (“Systems”) within the Town of Dunkirk designed for nominal operation at a capacity of 1,000 kilowatts (kW) or more, but less than 100 MW

(2) Wisconsin courts have recognized that the evaluation of an application for local approval of a System requires a case-by-case approach and that a municipality must receive information about the specifics of a particular proposed System and then decide whether a restriction is warranted. This ordinance is intended to comply with such requirements and is not intended to arbitrarily set a one size fits all scheme of requirements for any system.

19.03 DEFINITIONS

(1) “Construction Activities” means initiation of any construction, land clearing or land disturbance related to construction, installation or operation of a solar energy system.

(2) “Solar energy system” or “System” has the meaning provided in Wis. Stat. Sec. 13.48(2)(h)1.g. and includes transmission facilities dedicated to the solar energy system.

19.04 PERMIT REQUIRED

(1) Permit Requirement. A person, firm. corporation or other legal entity is prohibited from commencing construction activities on a System or operation of a System in the Town without first obtaining a permit from the Town Board (“solar permit”). The procedure for apply for a solar permit is provided in Section 19.05 below.

(2) Permit Term. An initial permit may be approved for a maximum of thirty-five (35) years. A permit renewal under section 19.05(2) may be for a term of up to ten (10) years.

(3) Permit Amendment. If the town has issued a solar permit, the operator may request an amendment to that permit during the permit term, using the same process as applies to the original permit application

(4) Permit Transfer. A solar permit may be assigned or transferred only with the express written consent of the Town upon delivery to the Town of documentation that the transferee to be bound by the obligations of the permitee under this Ordinance and any developer agreement between the Town and the permitee

(5) Permit Revocation. A solar permit may be suspended or revoked under the procedures in section 19.08, below.

19.05 REQUIREMENT FOR APPLY FOR A SOLAR PERMIT OR RENEWAL OF AN APPROVAL

(1) Application for a Solar Permit. The applicant shall submit an application that contains all required documentation required under section 19.07 and shall pay the required application fee of $1,000 to the Town Clerk at the time of submitting the application.

(2) Application for Renewal of a Permit. The operator shall make a written request to the Town Clerk for a renewal of the permit no later than October 1 of the year in which the permit will expire

(3) Preliminary Review, Preliminary Hearing and Proposed Decision.

(a) Preliminary Review. The Town Clerk shall forward an application or a request for renewal to the Plan Commission for initial review to determine if additional information or expertise is necessary to properly evaluate the application. Once the initial review is complete, the Plan Commission will forward the application with recommendations to the Town Board.

(b) Additional Information. The Town Board may request that the applicant submit additional information if the Town Board determines that the application or request for renewal is incomplete, or if the Town Board determines that additional information is needed to determine whether the requested approval will meet the requirements of this Ordinance.

(c) Proposed Decision. Upon completion of its review of the application and a review of any report from retained experts, the Town Board shall issue a proposed decision on whether to grant a solar permit, with or without conditions, or to deny the application or request.

(4) Decision by the Town Board.

(a) Notice and Hearing: Proposed Decision. Upon the issuance of a proposed decision under sub. (3)(c), the Town Clerk shall place preliminary decision of the Town Board on the Town’s website and make it available for public inspection at the Town Hall. The Town Board shall set a date for a public hearing on the preliminary decision and, for an application for a solar permit, give Class II public notice and post notices int he designated posting places at least 15 days prior to the date scheduled for the hearing, and mail the notice to all neighboring landowners. At the public hearing, the town board shall take public comment on the proposed decision.

(b) Town Board Final Decision. Following the receipt of public comments at the public hearing and any submitted written comments, the Town Board will make a final decision whether to grant a solar permit or to renew a permit, or set a date for a subsequent Town Board meeting during which the Town Board will make a final decision.

(c) Basis of Proposed and Final Decisions. The Town Board shall base its proposed and final decisions on a review of the application, any available retained experts’ reports, public comments and information provided at the public hearing, and other relevant information at the discretion of the board.

(d) In the case of an application solar permit, the Town Board shall grant the permit if it determines that the operation of the system will be consistent with the standards and purpose of this Ordinance.

(e) In the case of a request for renewal of the permit, the Town Board shall grant the request for renewal if it finds that there have been no material violations of the Ordinance or the permit which have not been appropriately remedied, the operator has not received multiple or recurring citations or orders for violations of the solar permit or this ordinance.

(f) If the Town Board denies an application for a solar permit or denies a request for renewal of a permit, the Town Board shall notify the applicant in writing.

19.06 APPLICATION

(1) Application Requirements. All applicants for a solar permit shall submit a detailed site plan, including a map, with the applicant’s application. The applicant shall also submit information about the owner of any lands upon which any part of the System will be located, the name, address, phone number and email address of the operator, an operation plan detailing the construction, operations and decommissioning phases over the life of the project, including estimated timelines for each. The applicant shall also provide information addressing the factors set out in section 19.07

(2) Developers Agreement. The Town Board may enter into a developer agreement with an applicant that supersedes in whole or in part of the requirements of this ordinance.

19.07 DECISION FACTORS

(1) The Town Board shall grant the permit, either with or without conditions, if it determines that the development and operation of the System is in the best interest of the citizens of the Town, and will be consistent with the protection of public safety and general welfare. The Town Board shall deny the permit if it determines that the development and operation of the System is not in the best interest of the citizens of the Town, and will bot be consistent with the protection of public safety or general welfare.

(2) The Town Board may conditionally approve the permit and attach conditions to it to protect public health and safety and promote the general welfare of the Town. In making its decision, the Town Board shall consider the following factors:

(a) The size of the parcel to be dedicated to solar energy production.

(b) The proposed height of the photovoltaic panels.

(c) The proposed setbacks from any side or rear property lines

(d) The security measures proposed with regard to fencing, lock boxes, and other items.

(e) The proposed plans for buffering and screening the System from public view.

(f) The proposed plans for complying with state and federal environmental requirements included in stormwater management, impact on water quality and water supply in the area, and control of dust from project activities.

(g) The possible adverse impact the construction and operation of the System will have on town roads and any proposed restrictive provisions and proof of financial security for road maintenance and repair.

(h) The operator’s plans for hours of operation at the site, particularly during construction.

(i) The operator’s plans for limiting night lighting and controlling off-site nose levels to avoid adverse impact on neighboring properties.

(j) The operator’s plans for limiting impact on the wildlife that inhabits the site.

(k) The estimated number of temporary and permanent jobs that will be associated with the development and maintenance of the System.

(l) The proposed time frame, project life, development phases, and future expansion of the project.

(m) The likely markets for the generated energy.

(n) The operator’s plans for emergency and normal shutdown procedures.

(o) The extent of any electromagnetic filed and communications interference that will be generated by the project and the operator’s plans for limiting such.

(p) The operator’s plan for storing, using and disposing of hazardous chemicals or other materials so as to be in compliance with applicable state and federal law.

(q) The operator’s plans for decommissioning the project and reclamation of the land after the anticipated useful life or abandonment or termination of the project, including plans for environmentally safely removing the power generating equipment and any proof of financial security for reclamation

(r) Any other factors relating to the best interest of the citizens of the Town and protection of public health, safety and general welfare.

(3) The evaluation of such factors shall be made by the Town Board on a case-by-case basis.

(4) All Applications shall have applicable federal, state, and local permits and approvals in place or to be in place prior to commencement of operation.

(5) The Town permit shall be void if the permitee violates any conditions of the permit or and conditions of any required Federal, State or County permits or if the System is abandoned.

19.08 INSPECTION, ENFORCEMENT PROCEEDURES, AND PENALTIES

(1) Inspection. The Town Board, a retained expert, or other authorized representative of the Town, may make inspections or undertake other investigations to determine the condition of the System in the Town to safeguard the health and safety of the public and to determine compliance with this Ordnance, upon showing proper identification and providing reasonable notice.

(2) Violations. The following are violations under this Ordinance:

(a) Engaging in construction, installation, or operation of a System without a solar permit granted by the Town Board or a developer agreement.

(b) Making an incorrect or false statement, including the information and documentation submitted during the permitting process or during an inspection by the Town or its dually appointed representative, or a representative of another regulatory agency.

(c) Failure to comply with any conditions of an approval or permit, or any agreements entered into as a condition of approving a permit.

(d) Failure to take appropriate action in response to a notice of violation or citation, or other order issued by the Town.

(3) Hearings.

(a) Any person affected by a notice, order or action under sub. (4) or upon denial of an application for a permit or permit renewal, may request a hearing on the matter before the Town Board, provided such person files with the Town Clerk a written petition requesting a hearing and setting forth his or her name, address, telephone number, and a brief statement of the reason for requesting the hearing. Such petition shall be filed within 30 days of the date of notice, order or action under sub. (4) is served or within 30 days of the date of the approval or denial of the permit or an application for renewal. Upon receipt of the petition, the Town Clerk may set a time and place for a hearing before the Town Board and, if a hearing is scheduled, shall give the petitioner and other interest parties written notice thereof.

(b) After a hearing under par. (a), the Town Board, by a majority vote of the members present, shall sustain, modify or withdraw the notice, order, or action under sub. (4) or grant or deny Ordinance have been complied with. The petitioner shall be notified within 10 days, in writing, of such findings.

(c) The proceedings of the hearing, including the findings and decision of the Town Board and the reasons thereof, shall be summarized in writing and entered as a matter of public record in the office of the Town Clerk. Such record shall be include a copy of every notice, order issues in connection with the case.

(4) Remedies. The Town Board may take any appropriate action or proceeding against any person in violation of this Ordnance, including the following:

(a) Issue a stop work order.

(b) Issue a notice of violation and order that specifies the action to be taken to remedy a situation.

(c) Issue a citation.

(d) Refer the matter to legal counsel for consideration and commencement of legal action, including the assessment of forfeitures under sub. (6) and injunctive relief.

(e) Suspend or revoke the solar permit under sub. (5) in the event there are repeated violations of the conditions incorporated into a solar permit or developer agreement.

(5) Permit Suspension or Revocation. After giving notice and holding a hearing, the Town Board may suspend or revoke a solar permit for a violation under sub. (2).

(6) Penalties.

(a) Any person or entity who violates this Ordinance may be assessed a forfeiture of not less that $500 per violation nor more than $5,000 per violation and/or be subject to injunctive relief. Each day a violation exists is a separate violation.

(b) Any person or entity who violates this Ordinance shall pay court costs and reasonable attorney’s fees associated with a forfeiture assessed under sub. (6)(a) and for any action for injunctive relief sought by the Town. The remedies provided herein shall not be exclusive of other remedies.

(7) Non-Wavier. One or more waivers of any provision of the solar permit by the Town shall not be construed as a waiver of a further breach of the same provision of any other provision of the solar permit. Waivers must be in writing to be effective.

19.09 SEVERABILITY, INTERPRETATION, ANROGATION

(1) Severability.

(a) Should any section, clause, provision, standard, or portion of this Ordinance be adjudged unconstitutional or invalid, unlawful, or unenforceable by a final order of a court of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect.

(b) If any application of this Ordinance to a particular parcel of land or System or project is adjudged unconstitutional, or invalid by a final order of a court of competent jurisdiction, such judgement shall bot be applicable to any other parcel of land not specifically included in said judgement .unless specifically required by the court.

(2) The provisions of this Ordinance shall be liberally construed in favor of the Town and shall not be construed to limit or repeal any other power now possessed by or granted to the Town

(3) This Ordinance is not intended to repeal, annul or interfere with easements, covenants, deed restrictions or agreements created prior to the effective date of this ordinance.

19.10 EFFECTIVE DATE

(1) Following the passage of the Town Board, this Ordinance shall take effect the day after the date of publication or posting as provided by Wis. Stat. Sec. 60.80.

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20.01 - INTENT

The Town of Dunkirk, Dane County, Wisconsin hereby adopts the following ordinance to establish and maintain all-terrain vehicle (ATV) and utility-terrain vehicle (UTV) routes in the Town of Dunkirk and to regulate the operation of same such roads.

Following due consideration of the recreation value to connect route opportunities and weighted against possible dangers, public health, liability aspects, terrain involved, traffic density and history of automobile traffic, this ordinance has been created.

20.02 - STATUTORY AUTHORITY

The Town Board of the Town of Dunkirk, Dane County, Wisconsin, has the specific authority to adopt this ordinance under § 23.33(8), Wis. Stats.

20.03 - STATE STATUES ADOPTED BY REFERENCE

The provisions of § 23.33, Wis. Stats. and CH. NR 64, Wis. Admin. Code are hereby adopted and by reference made part of this ordinance as if fully set forth herein.  Unless otherwise provided in this ordinance, any act required to be preformed or prohibited by any statute or regulation incorporated herein by reference is required or prohibited by this ordinance.  Any future amendments, revisions, or modifications of the statutes or regulations herein are made part of this ordinance. Any terms used in this ordinance that are defined in § 23.33(1), Wis. Stats. shall have the meaning prescribed by statute.

20.04 - ATV/UTV ROUTES DESIGNATED

Pursuant to § 23.33(8)(b)(1), Wis. Stats., the Town of Dunkirk designates all properly posted town roads located within the Town of Dunkirk as ATV/UTV routes.

20.05 - ATV/UTV ROUTE SIGNS

Under the direction of the Town, all authorized ATV/UTV routes shall be designated by route signs.  The route signs shall be provided by the ATV Club in accordance with Ch. NR 64. 12, Wis. Admin. Code, under the supervision of the Town.  The route signs shall be inspected by the Town annually and shall be maintained by the ATV Club, or its successor.  The Town shall be promptly notified by the ATV Club of any changes in responsibility for maintenance of the ATV/UTV route signs.  No person may do any of the following in regard to signs marking town ATV/UTV routes:

A.  Internationally remove, damage, deface, move or obstruct any ATV/UTV route or trail sign or intentionally interfere with the effective operation of a sign if the sign is legally placed by the state, municipality or any authorized individual.
B.  Possess any uniform ATV/UTV route or trail sign of the type established for the warning, instruction of information to the public, unless he or she obtained the route or trail sign in a lawful manner.  Possession of an ATV/UTV route or trail sign creates a rebuttable presumption of illegal possession.

20.06 - CONDITIONS

In addition to the provisions of § 23.33, Wis. Stats., and Ch. NR 64.07, Wis. Admin. Code, the following conditions are placed on the use of the ATV/UTV routes permitted under this ordinance: are hereby adopted by reference.

A.   All ATV and UTV operators shall ride in single file.
B.   All ATV and UTV operators shall observe the fixed speed limits and all other applicable traffic regulations.
C.   All ATV and UTV routes shall be closed between 11:59 p.m. and 5:00 a.m.
D.   All ATV and UTV operators shall remain on designated routes and shall not trespass on private property.
E.   All ATV and UTV operators shall be at least sixteen (16) years of age and possess a valid operator’s license as defined in § 340.01(41g), Wis. Stats., as may be amended from time to time, including a softie certificate if required by State law.  A learner’s permit shall not be considered as a valid driver’s license nor shall any license that has been revoked, temporarily or otherwise, or suspended for any reason, be considered as a valid driver’s license during the period of suspension or revocation.
F.    A copy of this ordinance shall be sent to the Department of Natural Resources, the State of Wisconsin traffic patrol, and the Dane County Sheriff’s Department.

20.07 - ENFORCEMENT

This ordinance shall be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin.

20.08 - PENALTIES

Violations of this ordinance shall incur the monetary penalties set forth in of § 23.33(13), Wis. Stats., as may be amended from time to time.

20.09 - SEVERABILITY

The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision and shall not affect the validity of any other provisions, sections or portions thereof of the ordinance, The remainder of the ordinance shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict.

 20.10 - RESERVED AUTHORITY

The Town of Dunkirk Town Board reserves the right to repeal this Ordinance and prevent all use of ATVs and UTVs on Town of Dunkirk town roads, at any time with or without cause.

 20.11 - REPEALER

The provisions of this Ordinance, to the extent that they are substantively the same as those of the ordinances in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provision shall date from the date of adoption of prior ordinances. In addition, the adoption of this ordinance shall not affect any action, prosecution or proceeding brought for the enforcement of any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance for the time that such provision was in effect, and the repeal of any such provisions is stayed pending the final resolution of such actions, including appeals.

20.12 - EFFECTIVE DATE

The ordinance becomes effective upon passage by the Town Board and posting the erection of required signage.