Town of Germantown

Official Website of the Town of Germantown, Juneau County, WI

 

Ordinances for the Town of Germantown

If an ordinance number is missing, that ordinance was rescinded – no longer in effect.

View the Town of Germantown Fee Schedule.

2. License and regulation of the sale of Liquor, Beer and Soda

ORDINANCE #2
September 9, 2014

AN ORDINANCE TO LICENSE AND REGULATE THE SALE OF INTOXICATING LIQUORS AND FERMENTED MALT BEVERAGES AND NON-INTOXICATING AND SODA WATER BEVERAGES WITHIN THE TOWN OF GERMANTOWN.

The Town Board of the Town of Germantown does ordain as follows:

SECTION I

The provisions of the Wisconsin statutes relating to the sale of intoxicating liquors and fermented malt beverages and adopted as a portion of this Ordinance so far as applicable, except as otherwise lawfully provided by this Town Ordinance.

SECTION II

No person, firm or corporation shall vend, sell or traffic, or for the purpose of evading any law or ordinance, give away any intoxicating liquor or fermented malt beverage in any quantity whatever, or cause the same to be done, without having procured a license as provided in this ordinance, nor without complying with all of the provisions of this ordinance, and all the statutes, ordinances, and regulations applicable thereto.

All fees associated with the licenses below can be found in the Town of Germantown Fee Schedule.

SECTION III

  1. “CLASS A” LIQUOR LICENSE

A “Class A” license, issued by the Town Clerk, under authority of the Town Board, shall authorize the retail sale of intoxicating Liquor for consumption OFF premises where sold and in original packages, containers, or bottles.

  1. CLASS “A” BEER LICENSE

A Class “A” license, issued by the Town Clerk, under authority of the Town Board, authorizes retail sales of Fermented malt beverages for consumption OFF the premises where sold and in original packages, containers, or bottles.

  1. “CLASS B” LIQUOR LICENSE

A “Class B” License, issued by the Town Clerk, under authority of the Town Board, authorizes the sale of intoxicating liquor to be consumed by the glass only ON the premises where sold and also authorizes the sale of intoxicating liquor in the original package or container, in multiples not to exceed 4 liters at any one time, and to be consumed OFF the premises where sold.  Wine, however, may be sold for consumption off the premises in the original package or otherwise in any quantity.

  1. CLASS “B” BEER LICENSE

A Class “B” License issued by the Town Clerk, under the authority of the Town Board, authorizes retail sales of fermented malt beverages, to be consumed either ON the premises where sold, or OFF the premises.

In addition, persons holding a Class “B” license may sell beverages containing less than 0.5% of alcohol by volume without obtaining a license under S. 66.0433(1).

  1. RESERVE “CLASS B” LIQUOR LICENSE

Reserve “Class B” Liquor Licenses are those licenses available under the quota system existing before December 1, 1997, that were not granted or issued by the township as of December 1, 1997.  The number of Reserve “Class B” licensee available to a municipality is determined by engaging in a series of calculations described in State Statute 125.51(4)(br)1. State Statutes 125.51(4)(a)(4).

  1. TEMPORARY CLASS “B” LICENSE

A temporary Class “B” License (lasting less than 4 days), issued by the Town Clerk, under the authority of the Town Board authorizes (picnic) beer licenses to sell Beer and other fermented malt beverages (e.g., wine coolers with a fermented malt beverage base) to consumers at a picnic or similar gathering of limited duration.  Such license may be issued only to bona fide clubs, county and local fair associations, agricultural societies, churches, lodges, veteran’s organizations or societies that have been in existence for at least six months prior to the date of application.

Application shall be filed 15 days prior with the Clerk to granting of license.  State Statute 125.04(3)(f)(3).

  1. “Class C” Wine License

“Class C” licenses may be granted to an applicant only if:

1. The applicant meets the qualifications set out in State Statute 125.04(5) for other retail licensees.
2. The license is for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts.
3. The restaurant does not have a barroom.
4. A “Class B” Liquor License cannot be granted to the applicant because the municipality has issued all of the “Class B” Liquor Licenses available under its statutory quota.

Wine licensees may sell wine by the glass or in an opened original container for consumption on the premises where sold.

  1. NON-INTOXICATING AND SODA WATER BEVERAGE LICENSE

A retailers license for the sale of non-intoxicating and soda water beverages when issued by the Town Clerk, under authority of the Town Board, shall entitle the holder thereof to possess, sell or offer for sale, non-intoxicating and soda water beverages.  A license may be issued at any time for a period of six months in any calendar year for which one half of the license fee shall be paid but temporary license shall not be renewable during the calendar year in which issued.  Such license may also be issued to bona fide clubs, county and local fair associations, agricultural societies, churches, lodges, veteran’s organizations or societies that have been in existence for not less than six months prior to the date of application.

SECTION IV – REFUND OF LICENSE FEES

An applicant surrendering a license will NOT be refunded license fees in whole or in part of.  23OAG538(1934).  Intoxicating Liquors #826(1979).

SECTION V –  LICENSING OF PREMISES UNDER NEW OWNERSHIP

  1. If a licensed premises is leased or sold, the new owner or tenant may receive an available retail license for the premises if, prior to granting the license, control of the premises can be shown by purchase or lease agreement. 28OAG123(1939)
  2. The new tenant or owner cannot legally operate under the alcohol beverage license issued to the prior lessee or owner for that premises. Only the person named in the license has the right to sell alcohol beverages.  The licensee does not have the power to assign or transfer these privileges.

SECTION VI  –  PROXIMITY TO A CHURCH, SCHOOL, OR HOSPITAL

No liquor license shall be granted to an applicant whose business premises are within 300 feet of a church, school, or hospital.  The restriction will not apply to premises covered by a license on June 30, 1947, and to premises licensed prior to the location of a church, school, or hospital….does NOT apply to beer only licenses.  State Statute 125.68(3)

SECTION VII

Application for license to sell or deal in fermented malt beverages or intoxicating liquors shall be made in writing on the form prescribed by law and shall be sworn to by the applicant and filed with the Town

Clerk not less than 15 days prior to the granting of such license.  Said application shall be accompanied by the cost of public actions provided by law.  State Statute 125.04(3)(f)1

SECTION VIII

The Town Clerk shall notify the Town Board who shall inspect the premises to determine tis suitability and the suitability of the applicant.  In determining the suitability of an applicant consideration shall be given to the moral character and financial responsibility of the applicant and generally the applicant’s fitness for the trust to be reposed.

SECTION IX

Opportunity shall be given by the Town Board to any person to be heard for or against the granting of any such license.  Upon the approval of the application by the Town Board, the Town Clerk shall upon the filing by the applicant of a receipt showing the payment of the required license fee to the Town Treasurer, issue to the applicant a license.  Each license shall be numbered and shall specifically state the premises for which issued, the date of issuance, the fee paid, and the name of the licensee.  Except as otherwise provided, all licenses shall remain in force until the 1st day of July next after the granting thereof, unless sooner revoked by the Town Board.

SECTION X

An operator’s license for retail Class “B” premises may be issued by the Town Board to persons of good moral character who have been citizens of the united states and residents of Wisconsin continuously for not less than one year prior to the filing of such application.  A written application shall be filed with the Town Clerk stating the name, residence, age, and sex of the applicant, together with such pertinent information as to fitness as may be required.  Upon approval of the application by the Town Board, the town clerk shall, upon filing by the applicant of a receipt showing the payment to the town treasurer of a license fee (as found in the Germantown fee schedule) issue to the applicant a license to expire on June 30, next ensuing.

SECTION XI

  1. Licenses pursuant to this ordinance shall be granted only to persons who are citizens of the United States and Wisconsin.
  2. No such license shall be issued to any person who has been convicted of a felony, unless such person has been pardoned.
  3. No such license shall be issued to any person acting and agent for in the employ of another, except that this restriction shall not apply to any bona fide club, society or lodge.
  4. Each licensed premises shall at all times be conducted in an orderly manner, and no disorderly, riotous or indecent conduct shall be allowed at any time on the licensed premises.
  5. Whenever any license shall be revoked at least six months from such revocation shall elapse before another license shall be granted to the person whose license was revoked.
  6. No license shall be granted for operation on any premises upon which taxes or assessments or other financial claims of the town are delinquent and unpaid.
  7. For the purpose of consumption OFF the premises intoxicating liquors, fermented malt beverages and wine in the original packages, containers or bottles shall NOT be sold, given away, charged or mortgaged (an understanding between owner/operator and customer where customer will return “in a few days” to pay for) from 12:00 a.m. (midnight) to 6:00 a.m. on any day.

SECTION XII

The officers or employees of Germantown Township shall have the right to sell beer at any public park operated by the county or municipality without a license or permit.  State Statute 125.06(6)

SECTION XIII

Every license and permit issued pursuant to this ordinance shall be posted in a conspicuous place in the room or place where fermented malt beverages or intoxicating liquors are kept for sale.  Every applicant procuring a license thereby consents to the entry of police or any duly authorized representative of the Town (Constables) at all reasonable hours for the purpose of inspection.

SECTION XIV

Any ordinance or parts of ordinances, inconsistent with this ordinance are hereby repealed.

SECTION XV

This ordinance shall take effect upon passage and posting.

Passed and adopted this 9th day of April, 2002.

 

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED:  Gregg Haunroth, Town Chairman
ATTEST: 
Susan Ganther, Town Clerk/Treasurer

4. Regulating and the installation of driveways

TOWN OF GERMANTOWN
Driveway Access Permits

Ordinance #4

TABLE OF CONTENTS

Section I     –   Title and Purpose
Section II    –   Authority
Section III   –   Adoption of Ordinance
Section IV   –   Definitions
Section V    –   Coverage
Section VI   –   Specifications
Section VII –   Application and Permit Provisions
Section VIII –   Penalty Provision
Section IX   –   Severability Clause
Section X    –   Effective Date

STATE OF WISCONSIN

Town of Germantown

Juneau County

This Ordinance replaces Ordinance #4 adopted by the Town Board of the Town of Germantown the 14th day of May, 1973.

SECTION I  –  TITLE AND PURPOSE

The title of this ordinance is the Town of Germantown Driveway Access Permits Ordinance.  The purpose is to regulate and assure, for public health and safety reasons, the establishment, repair, construction, improvement, modification and reconstruction of all private driveways. This is not a town zoning ordinance.

SECTION II  –  AUTHORITY

The town board has the specific authority under ss 66.0425 and 86.07, Wis. stats., to adopt a town roads access permit ordinance and has the general authority under village powers under s. 60.22, Wis. stats., to adopt this ordinance.

SECTION III  –  ADOPTION OF ORDINANCE

This ordinance, adopted by a majority of the Town Board on a roll call vote with a quorum present and voting and proper notice having been given, provides for the regulation, by permit, of certain driveway access from the town roads.

SECTION IV –  DEFINITIONS

  1. “Driveway” means any private way, private road, or other avenue of private travel that runs through any part of a private parcel of land that connects or will connect with any public highway, and will provide vehicular access from the highway to a residence, business, recreational site or other similarly appropriate use.
  2. “Emergency vehicle” means any fire, police, ambulance or first responder vehicle used in emergency or hazard activities in the town.
  3. “Town” means the Town of Germantown, Juneau County, Wisconsin.
  4. “Town Board” means the board of supervisors for the Town of Germantown, Juneau County, Wisconsin, and includes any designee of the Board authorized to act for the Board.
  5. “Town Clerk” means the clerk of the Town of Germantown, Juneau County, Wisconsin.
  6. “Wis. stats.” Means the Wisconsin Statutes, including successor provisions to cited statutes.

SECTION V  –  COVERAGE

  1. No person may establish or construct a driveway or reconstruct, reroute, or alter the existing slope of any existing driveway or any town or other highway or highway right-of-way in the town in relation to the connection of the highway or highway right-of-way to a driveway, whether new or previously existing, without first obtaining a Town Driveway Permit to be issued by the Zoning Administrator.
  2. Any person prior to and at the time of seeking a Town Driveway Access Permit must own or have legal access to the land to which the permit(s) will apply..

SECTION VI  –  SPECIFICATIONS

Commencing on the effective date of this ordinance for new driveways being constructed, all driveways in the town for which a Town Driveway Permit is required under Section V shall meet all the following minimum requirements.  No permit shall be issued unless the materials submitted as required under Sections VI and VII demonstrate compliance with the requirements of this section.

The location and width of driveways crossing the right-of-way from a public street or road must be a minimum of 15 feet wide at the roadway and extend through the road right-of-way.  Driveways must be a minimum of 12 feet wide with a headroom clearance of 15 feet to permit access for emergency vehicles.  A twelve (12) inch in diameter culvert which extends one (1) foot beyond either side of the driveway is required when the road right-of-way drainage ditch is deeper than 15 inches below the surface of the roadway.

SECTION VII  –  APPLICATION AND PERMIT PROVISIONS

  1. The town board shall approve an application form for the Town Driveway Access Permit which shall be available from the Germantown Hall.
  2. The applicant for a Town Driveway Access Permit shall submit a completed application for each with the appropriate fee and with the following attachments:
  3. Site Plan:  A sketch showing the approximate location and dimensions of the project. the sketch must show the location and distance, in feet, of the driveway in relation to the property lines.  Driveways must be a minimum of 10 feet from a property line.
  4. No building permit for any construction of buildings or structures will be issued by the Town until the driveway access is constructed, reconstructed, rerouted or altered to the specifications of the permit as issued and this ordinance.
  5. An application fee, that is nonrefundable, in an amount, determined by a resolution of the Town Board, will be charged for each permit application as found in the Town of Germantown fee schedule.
  6. The Town Board, or its designees, shall have the right of inspection onto land pursuant to a warrant issued under s. 66.0119, Wis. stats., for the purpose of inspecting existing driveways to determine if the driveways will allow for safe and timely travel by emergency vehicles or vehicles of the general public.

SECTION VIII  –  PENALTY PROVISION

Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of the provisions of this ordinance shall, upon conviction, pay a forfeiture as found in the Town of Germantown fee schedule.  Each day violation exists or continues constitutes a separate offense under this ordinance.  In addition, the Town Board may seek injunctive relief from a court of record to enjoin further violations.

SECTION IX  –  SERVERABILITY CLAUSE

If any provision of this ordinance or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given without the invalid provision or application, and to this end, the provisions of this ordinance are severable.

SECTION X  –  EFFECTIVE DATE

This ordinance is effective on publication or posting.

The Town Clerk shall properly post of publish this ordinance as required under s. 60.80, Wis. stats.

Adopted this 14 day of February, 2012

 

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST:
 Susan Ganther, Town Clerk/Treasurer

7. Regulating Use of and Commercial Leasing of Snowmobiles

ORDINANCE #7

AN ORDINANCE TO REGULATE THE USE, OPERATION AND COMMERCIAL LEASING OF SNOWMOBILES IN THE TOWNSHIP OF GERMANTOWN, REQUIRING PERMIT FOR OPERATION OF SNOWMOBILE TRAILS AND IMPOSING PENALTIES.

IMPOSING PENALITIES:  The Town Board of Germantown, Juneau County, Wisconsin, do ordain as follows:

SECTION I  –  State Snowmobile Laws adopted.

Except as otherwise specifically provided in this ordinance, one statutory provisions describing and defining regulations with respect to snowmobiles in the following enumerated sections of the Wis. Statutes are hereby adopted by reference and made part of this ordinance as if fully set forth herein.  Acts required to be perform or prohibited by such statutes are required or prohibited by this ordinance.

350.01  (Definitions)

350.02  (Crossing Highways)

350.03  (Operation of Snowmobiles on or in the vicinity of  highway)

350.04 (Snowmobile races or derbies and routes)

350.05  (Persons under 12 operating a snowmobile)

350.06  (Firearms and bows)

350.07  (Driving bear, deer or other game prohibited)

350.08  (Owner permitting operations)

350.09  (Headlamps, tail lights and brakes)

350.10  (Miscellaneous provisions for snowmobile operation)

350.12  (Registration of Snowmobiles)

SECTION II – Snowmobile Routes Designated

  1. The following streets are designated as permitted snowmobile routes:
    • 22nd Avenue from Town Line south to 33rd Street
    • 33rd Street west to 20th Avenue
    • 20th Avenue south to 36th Street
    • 36th Street west to 19th Avenue
    • 19th Avenue north to County G
    • 40th Street west from County G to 20th Avenue
    • 20th Avenue south to 43rd Street
    • All of Sandstone Drive in Sandstone Estates (added Jan 8, 2013)
      1. (added Nov 13, 1984)
        • Shacks road from Co. G north to its dead end.
        • 22nd Ave. from Co G north to its dead end in Sec. 35-17-4
        • 37th St. from 17th west to Co. G
        • 17th Ave. from Co. G north to its dead end
      2. (added Nov 12, 1985)
        • 30th St. west from Co. Hwy G west to Yellow River (Approx. 2 miles)
        • 18th St. to Yellow River (Approximately ½ miles).
      3. (added Oct 13, 2015)
        • 15th Avenue north from Hwy G to 32nd Street
        • 16th Avenue north from County G to 32nd Street
  2. Snowmobiles operated on designated snowmobile routes that cross over public highways shall observe the rules of the road for motor vehicles set forth in Chapter 346, Wis, Statutes, which is hereby adopted by reference and made part of this ordinance as if fully set forth herein. Any act required to performed or prohibited by such laws is required or prohibited by this ordinance

SECTION III  –  Additional regulations:

  1. Unattended vehicles:  No person shall leave or allow a snowmobile owned or operated by him to remain unattended on any public highway or public property while the motor is running, or with the starting key left in the ignition.
  2. Operation on private premises restricted: No person shall operate a snowmobile on any private property no owned or controlled by him within the Township of Germantown without expressed consent or permission of the owner.

SECTION IV  –  Accidents and Accident Reports

  1. If he can do so without serious danger to his own snowmobile or to persons aboard, the operator of a snowmobile involved in an accident within the Township of Germantown shall stop his snowmobile and shall render to other persons affected thereby such assistance as may be practicable and necessary to save them from or minimize any damage caused by the accident and shall give his name and address and identification of his snowmobile to any person injured and to the owner of any property damaged in the accident,
  2. If the snowmobile accident results in death or injury to any person or total property damage in excess of $200.00 every operator of a snowmobile involved in such accident shall, as soon as possible, notify the Juneau County Sheriff’s Department of the accident and shall, within 10 days of the accident, file a written report thereof with the Department on forms prescribed by it.
  3. If the operator of a snow mobile is physically incapable of making the report required by this section and there was another occupant in the snowmobile accident at the time of the accident capable of making the report, he shall make such report.
  4. “Snowmobile Accident” means a collision, accident or other casualty involving a snowmobile.

SECTION V  –  Penalty

Any person who shall violate this ordinance shall, upon the conviction thereof, forfeit a sum as found in the Town of Germantown fee schedule.

SECTION VI  –  Effective dates of this Ordinance

This ordinance shall be in effect during the parts of the year when the machines are used.

SECTION VII  –  This ordinance shall take effect upon passage and publication or posting.

Introduced and adopted this 12th day of January, 1979.

 

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED:  Gregg Haunroth, Town Chairman
ATTEST: 
Susan Ganther, Town Clerk/Treasurer

 

Amended to add two streets to Section II, a), (3) at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on this 13th day of October, 2015.

APPROVED:  Gregg Haunroth, Town Chairman
ATTEST: 
Susan Ganther, Town Clerk/Treasurer

8. Regulating camping and camp type units

ORDINANCE 8, as amended

TOWN OF GERMANTOWN
JUNEAU COUNTY, WISCONSIN

AN ORDIANCE REGULATING CAMPING AND CAMPING TYPE UNITS IN THE TOWN OF GERMANTOWN

The Town Board of the Town of Germantown do ordain as follows:

  1. The following definitions shall be used in interpreting this ordinance:
    1. CAMP: to place tents, huts, motor home, mobile home, camping unit, vehicles including any other form of trailer, for the purpose of encampment, shelter or temporary living purposes.
    2. CAMPING UNIT: means ay Portable device designed for human habitation as a temporary dwelling including but not limited to a camping trailer, recreational vehicle, bus, van, pick-up truck or tent.
    3. DWELLING: A detached building or mobile home designed or used exclusively as a long-term residence or sleeping place and having a minimum of 816 square feet.
    4. MOBILE HOME: means a vehicle designed to be towed as a single unit upon a highway by a motor vehicle and equipped and used or intended to be used primarily for human habitation, with walls of ridged, uncollapsable construction.
    5. MOTOR HOME: means a motor vehicle designed to be operated upon a highway for use as a temporary or recreational dwelling and having the same equipment as a mobile home.
    6. MOTOR VEHICLE: means a vehicle including a combination of two or more vehicles or an articulated vehicle which is self-propelled except a vehicle operated upon a rail and except a snowmobile or all-terrain vehicle.
    7. SHELTER: means a temporary place of protection, especially from wind, rain or other weather conditions, insects or animals.
    8. VEHICLE: Every device in, upon or by which any person or property is or may be transported or drawn upon a highway except railroads trains.
  1. It shall be unlawful for any person, to make a camp, shelter, construct, provide or otherwise furnish for themselves or others or encamp in any form of camp equipment or shelter for a period of more than seventy two (72) hours unless located in a licensed and authorized public or commercial campground or mobile home park.
  1. It shall be unlawful for any person to authorize or permit anyone to camp, encamp, or construct a shelter or other camp equipment for a period of more than seventy two hours unless located in a licensed and authorized public or commercial campground or mobile home park.
  1. It shall be unlawful for any person to permit to be placed or leave standing on any private or public land which is not licensed as a campground or mobile home less than 816 square feet in size unless that unit is completely housed inside of a building. However, one unoccupied camping unit or motorhome may be stored, between uses, on premises which contains a dwelling unit that is a primary residence.
  1. The Town Zoning Administrator may issue a temporary permit as an exception to Sections 1 – 4, for a period of fourteen (14) days. No more than two consecutive permits shall be issued (28 day total. However, no such permit shall be issued unless 5 (a) and 5 (b) apply:
    1. The camping unit contains a built-in, pumpable sanitary facility or Juneau County has permitted a portable, pumpable toilet facility immediately adjacent to the camping unit. Either form of toilet shall not be emptied except by a qualified company, licensed to pump out the toilet facility or at an authorized and licensed pumping facilty.
    2. The camping unit is located on property that contains a dwelling unit with approved sanitary facilities and campers have permission to use those facilities.

    Following the expiration of the permit(s), issued as above, all camping unit equipment shall be removed from the site and will not be re-permitted until a period of at least fourteen (14) days has elapsed. Each permit shall cost a fee as found in the Town of Germantown fee schedule.

    If the camping unit is located on a family owned parcel that contains a dwelling unit with approved sanitary facilities, then that camping unit is not required to secure a permit or pay a permit fee unless it continues more than fourteen (14) days. Beyond that initial fourteen (14) days, they must comply with the limitations of Section 5 and secure not more than two (2) consecutive 14 day permits.

  1. Any person or persons violating a provision of this ordinance shall be subject to a forfeiture as found in the Town of Germantown fee schedule.
  1. Any Town of Germantown ordinance found to be contrary hereto either in whole, or in part, is hereby amended and repealed insofar as the same conflicts with this ordinance. It is intended that there be no pre-existing uses under this ordinance.  However, should there be any fixed, pre-existing camping unit, shelter, structure or mobile home not qualified as a dwelling, the owners(s) shall be given a period not exceeding thirty one days from the published date of this ordinance to abate and/or remove such camping unit, shelter, structure or mobile home from the Township or move it to a licensed campground or mobile home park.
  1. This ordinance shall be in full force and effect after its passage and one day after publishing or posting.

 

Passed June 12, 1969

Amendment Passed August 13, 1996 that rewrites the ordinance from its original 4 sections to 8 sections.

Amendment Passed March 13, 2007 that removes “unless having written permission from the property owner concerned” from section 2.

It also adds numerals in parenthesis after the written out days throughout the ordinance.

It also rewrites section 5.

 

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST: Susan Ganther, Town Clerk/Treasurer

9. Regulating Land Use

TOWN OF GERMANTOWN
Juneau County, Wisconsin

ORDINANCE #9, as amended

REGULATING LAND USE:  Division of lands; erection or placement of buildings, structures or mobile homes, installation of driveways, roads and junkyards.

The Town Board of the Town of Germantown do ordain as follows:

SECTION 1

The intent of this ordinance is to contribute to the betterment of the community for the benefit of persons who reside in the community.  This ordinance intends to promote the public health, safety, welfare, orderly development of land within the Town of German-town and to maintain and improve the quality of the Community.

SECTION 2

DEFINITIONS:  for the purposes of this ordinance, the following definitions shall be used:

ACCESSORY USE STRUCTURES:  A use detached structure subordinate to the principal use of a structure located on the same lot or parcel serving a purpose customarily incidental to the principal use of the principal structure.  No accessory structure or part thereof shall be used for sleeping o r eating quarters.

CAMPING TRAILER:  Any shelter designed to provide sleeping, eating and living quarters and designed to be transported on wheels from place to place, but being less than 20 feet in length.  In any such shelter which exceeds 20 feet, it shall be considered a house trailer and if the wheels have been removed, it shall be construed as a permanent dwelling structure.

DWELLING:  A building or mobile home designed or used as a residence or sleeping space, having a minimum of 816 square feet, but not including licensed, transient occupancy buildings.

DWELLING, SINGLE-FAMILY:  A residential dwelling containing one dwelling unit.

HOUSE TRAILER:  A structure designed to be a dwelling which can be moved from place to place on wheels.  As defined in Section 66.0058 Wis. Statutes, a dependent unit means a structure not having it own plumbing facilities, whereas an independent unit has plumbing as well as heating and cooking facilities ready for hookup to utility connections.

JUNK:  Any used, old or second hand scrap metal, metal alloy, synthetic or organic material, or waste or any junked, ruined, dismantled, unlicensed, if licensing is required for legal usage, inoperable or unusable vehicle, machinery, appliance, mobile home or part thereof.

JUNKYARD:  Any place which is owned, maintained, operated or used for storing, keeping, processing, buying or selling junk.  Two or more pieces of junk kept on a property in the Town of Germantown shall constitute a junkyard.  A junkyard does include uses established entirely within a closed building.

LAND USE:  A broad term used to classify land according to present use and according to the suitability for future uses; that is, for housing, open space and parks, commercial, industrial, etc.

LOT:  A parcel, piece or portion of land, defined by metes and bounds, citified survey,

Recorded land subdivision plat or other means and separated from other lots, parcels or similar units by such description, and where applicable, having its principal frontage upon a street, road or waterway.

MOBILE HOME:  A structure, designed to be a dwelling unit, which is manufactured, inspected and totally assembled in a factory and then transported to a lot or site for placement on a foundation and hooked up to essential services for permanent habitation. Any such structure from which its wheels have been removed shall be construed to be a permanent structure for purposes of this ordinance.

MODULAR HOME:  A structure which is partially pre-assembled at a manufacturing plant and placed together on a lot or parcel as a dwelling unit or units.  Also called “prefabricated’ or “double wide” units. For the purposed of ordinance, modular homes must meet the requirements of all applicable state and local building codes.

PARCEL:  A lot or group of lots under a single ownership or control.  Minimum parcel/lot sizes in Germantown ordinances are inclusive of abutting road right-of-ways on lots 2 acres in size or greater, while smaller lots are required to be measured exclusive of right-of-way.

SIT PLAN:  A scale drawing showing proposed uses and structures for a parcel of land as required by this ordinance.

STRUCTURE:  Anything erected, the use of which requires a permanent location on the ground, e.g., buildings, stairways to the water, signs, billboards or other advertising medium, detached or projecting, decks, porches, roofs, shall be construed to be a structure.

SECTION 3

No division of lands in the Town of Germantown shall be approved unless it meets the following requirements;

  1. Each parcel or lot so divided shall not be less than three acres for a single-family dwelling without Sanitary Sewer and 20,000 square feet if sewered in the Town Center District, two acres for a commercial lot, and ten acres for an industrial lot or planned unit development.  If the parcel or lot is on a public road it shall have a minimum frontage of 100 feet except if the parcel shall be laid out to front on a cul-de-sac.
  2. Access to each lot of a parcel subdivided after the effective date of this amended ordinance shall be provided from a public street, road or highway.
  3. All streets, roads or highways shall be a minimum of four rods wide. If the traffic pattern indicates that four rods is not sufficiently wide, the Town Board, following state statutes for guidance, may require a greater width.
  4. All streets, roads or highways to be deeded to the Town shall meet the Town’s road requirements as outlined in the Town of Germantown’s Ordinance 15.
  5. Pre-existing parcels established by deeds, plats or certified survey maps of record before the effective date of this ordinance, June 12, 1980, shall be exempted from the acreage requirements of this ordinance.

SECTION 4

BUILDING PERMITS

  1. Are required within the Town of Germantown for all structures, buildings, dwellings, mobile homes including but not limited to decks, gazebos, porches or patios and/or additions, whether constructed on site, prefabricated and erected or moved from another location.
  2. When issued, authorizes only the development or occupancy set forth in the permit application and plans submitted as part of the application.  No other development or occupancy is permitted.
  3. Issued as a result of any false or misleading information or statement provided by or on permit application(s) shall be null and void.  Verbal statements as to intent or conditions shall not be heard.
  4. Shall expire six months after the date of issuance unless more than fifty percent of the work is proposed on the permit application is proven, by the applicant, to be completed.  A permit shall expire in total on the first anniversary date of the permit issuance.
  5. Issued in conflict with any provision of Town ordinances shall be null and void.

SECTION 5

NO PERMIT SHALL BE ISSUED FOR:

  1. Any application which requires a conditional use permit, a variance or other action, by the Plan Commission, Zoning Board of Appeals or the Town Board, until appropriate action has been taken by the approving entity.
  2. The construction, placement, erection or installation of any dwelling or mobile home unless it has a minimum of 816 square feet area, exclusive of an attached garage or other accessory use structures.
  3. Any building or part of a building which would exceed thirty five feet in height.
  4. The construction, erection or installation of a manufacturing or industrial building or site of less than ten acres, exclusive of private or public right-of-way.
  5. The construction or placement of any building, structure or mobile home, if such would be determined or unsuitable to the zoning district or general area or detract from the value of adjoining properties.
  6. Any building or structure if the proposed location shall increase the fire hazard of the area.
  7. Construction of a dwelling on any parcel or lot which has another dwelling upon it unless that parcel or lot is a planned unit development or the owner of the parcel or lot provides the Town with a Town approved security in an amount equal to the value of the existing dwelling ensuring that it will be removed from the parcel or lot upon completion of the new, permitted dwelling.

If any applicant is aggrieved by the determination of the Zoning Administrator, the applicant may appeal to the Zoning Board of Appeals to hear and decide on administrative interpretations.

SECTION 6

APPLICATION FOR BUILDING PERMITS shall be filed with the Town Zoning Administrator on forms furnished by the town.  The Zoning Administrator shall act on the application within fourteen days following its receipt.  If the application is rejected, the applicant shall be notified in writing, stating the reason(s) for rejection.  A copy of the rejection notice shall be delivered to the Town Clerk and the Chairperson of the Zoning Board of Appeals.

An application for a building permit must be accompanied by:

  1. A fee, in an amount determined by the Town Board in the fee schedule.
  2. A site plan showing the location of the building, structure or mobile home to be placed on the lot, plus any existing buildings or structures, well or septic system on the property, and driveway from street or road edge to its termination, all with respect to property lines and in correct relation to each other, in scale or in size dimension.
  3. A valid Juneau County Sanitary and/or Shoreland zoning permit must be presented to Zoning permit must be presented to the Zoning Administrator prior to the issuance of a building permit for a dwelling or commercial building.

SECTION 7

SET-BACKS for a building, structure, mobile home or auxiliary structure, including but not limited to building projections such as overhangs, porches, decks patios, had surfaced walkways, etc., but excluding a driveway shall be as detailed in the Town Zoning Ordinance, except:

  1. In situations where a lot abuts a private road rather than a public road, the street right-of-way shall be interpreted to be the lot line which abuts the private road.
  2. Every yard abutting a street or road shall be considered a front yard for purposes of determining set-backs.  The property owner shall designate one side yard and the back yard.  This designation shall be other than the front yards abutting a street or road.

SECTION 8

The location and width of driveways crossing the right-of-way from a public street or road must be approved by the Zoning Administrator as part of the building permit application.  Driveways shall be minimum of fifteen (15) feet wide.  Unless explicit exclusion, in writing, is given by the Zoning Administrator, each driveway is required to have a twelve (12) inch diameter culvert which extends a minimum of one (1) foot beyond either side of the driveway.  The cost of the driveway and culvert shall be paid by the applicant or property owner.

SECTION 9

All structures, dwellings and mobile homes shall be substantially anchored to prevent movement due to winds, earthquake or other acts of nature.  Foundations for a dwelling shall comply with State of Wisconsin Department of Commerce regulations.  Mobile homes may comply with that code or shall be anchored to foundation piers at least eighteen (18) inches square with a minimum of thirty six (36) inches in the ground.  Piers shall be no more than ten (10) feet apart or the mobile home may be placed and anchored to a reinforced four (4) inch or thicker concrete slab which is at least one (1) foot wider on each side and one (1) foot longer at each end than the mobile home.  All foundations shall be vented minimally by one vent on each of the four sides.

SECTION 10

Mobile homes shall have pre-finished foundation siding installed which is fire and weather resistant, surrounding the entire perimeter and completely enclosing the space between the exterior wall and the ground.  Foundation siding shall be properly vented, harmonious and compatible with the mobile home and installed within sixty (60) days of the mobile home installation on the parcel or lot.

 SECTION 11

Junkyards of any kind are prohibited in the Town of Germantown.  However, a permit to operate a junkyard shall only be issued to avoid an extreme hardship, if it in a commercial district and complies with the following:

  1. No material falling within the junkyard definition shall be located within one thousand (1000) feet from the center-line of any federal, state, or county road or the boundary of any public park or within six hundred (600) feet from the center-line of any town road unless first authorized or approved by the Zoning Board of Appeals following a public hearing and approval by the Town Board.
  2. The Zoning Board of Appeals shall not approve nor shall the Town Board grant a junkyard permit unless the junkyard shall not present a visual or odor nuisance; a hazard to public health, safety, ground water or environment.
  3. The junkyard owner or operator must carry and maintain adequate insurance and a Town approved security, e.g., a surety bond, letter of credit, etc., to cover the cost to remove all materials falling within the junkyard definition and ground contamination clean-up should the area be abandoned for any reason.  The insurance policy and security must contain a clause requiring a sixty (6) day notice to the Town before canceling or otherwise terminating the insurance or security.  The junkyard owner shall renew the insurance policy at least sixty (60) days prior to termination and shall advise the Town of the renewal.  The Town shall be named as co-insured on the insurance policy and security.  All costs of the insurance and security shall be paid for the junkyard owner or operator.
  4. A junkyard owner or operator must apply for a permit renewal, via the Zoning Board of Appeals and the Town Board, annually.  Proof of insurance, security and compliance with this and any other pertinent Town ordinance must be presented prior to the renewal permit being granted.
  5. An eight (8) foot high fence shall be kept in place to keep the junkyard hidden from view in a manner compatible with the surrounding environment. Damaged, rotted , broken or destroyed fencing shall be replaced promptly. The screen and the screening materials shall require approval as part of the variance hearing conducted by the Zoning Board of Appeals.
  6. No materials falling within the junk definition shall be located closer than fifteen (15) feet to the owner’s property line.
  7. Tires, not mounted and inflated on a vehicle, motor vehicle or other equipment using tires, shall be kept free of accumulated water and in a covered, dry building.
  8. No hazardous, including nuclear, waste shall be stored in the Town of Germantown per Juneau County Nuisance Ordinance # 34.

SECTION 12

EXEMPTIONS to this ordinance:

  1. Farm machinery actually used and owned by a person actively engaged in farming or used commercially in the farming industry.
  2. Construction equipment actually used and owned or leased by a person or company actively engaged in a construction business related to the type to the type of equipment stored.
  3. Logging trucks and equipment actually used and owned by a person actively engaged in the logging business.

SECTION 13

ENFORCEMENT:  Any structure, building, dwelling, mobile home or junkyard erected, placed upon, moved upon, enlarged of modified without a permit as required by this ordinance or otherwise not in conformity with this ordinance shall be deemed an unlawful structure and shall be removed.  The Town of Germantown may bring action to enjoin the erection, placement upon, moved upon, enlarged or modified structure, building, dwelling, mobile home or junkyard or the establishment of such use thereof and, by such action cause such structure, building, dwelling, mobile home or junkyard, and use to be enjoined, vacated and removed.

SECTION 14

Any person or persons violating the provisions of this ordinance shall be subject to a forfeiture as provided in the Town of Germantown fee schedule.

SECTION 15

The existing lawful use of a structure, building, dwelling, mobile home or junkyard at the time of enactment of this ordinance or any amendment thereto may be continued although such use does not conform to the provisions of this ordinance, but no structure, building, dwelling, mobile home or junkyard containing a non-conforming use shall be enlarged, added to or extended.  If the use of a non-conforming structure, building, dwelling, mobile home or junkyard is discontinued for a period of twelve (12) months, any future use shall conform to regulations of this ordinance.  When a building is damaged in the amount of fifty percent (50%) of the assessed value of the structure, by fire, explosion, act of God or public enemy, it shall not be restored and no building permit thereafter issued except in conformity with the previsions of this ordinance.

SECTION 16

If any provision of this ordinance is invalid or unconstitutional, or if the application of the ordinance to any person or circumstance is invalid or unconstitutional, such invalidity or unconstitutionality shall not effect the provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application.

SECTION 17

If any provision(s) of this ordinance is in conflict with any other Town ordinance, this ordinance shall take precedence.

SECTION 18

This ordinance shall be in force and effect the day after legal publication.

The foregoing ordinance was adopted at the regular meeting or the Town Board of the Town of Germantown, Juneau County, Wisconsin on December 10, 1996.

Signed by Town Chairman J.V.Schulz, and Supervisors  Michel Sullivan and C. J. Laridaen

 

Published this 15th day of February, 1997

Kathleen Potter, Town Clerk

 

Amended this 10th day of February, 2009. 

Signed by William Jax – Town Chairman, Betty Manson – Town Clerk

 

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST: 
Susan Ganther, Town Clerk/Treasurer

 

Amended to add the sentence in bold below to the end of section 11D at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on this 13th day of October, 2015.  “Proof of insurance, security and compliance with this and any other pertinent Town ordinance must be presented prior to the renewal permit being granted.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST:  
Susan Ganther, Town Clerk/Treasurer

13. Regulating Traffic

ORDINANCE #13

TOWN OF GERMANTOWN

AN ORDINANCE TO CREATE A CODE REGULATING TRAFFIC UPON THE STREETS, ALLEYS, AND HIGHWAYS OF THE TOWNSHIP OF GERMANTOWN, WISCONSIN

The Town Board of the Township of Germantown, Wisconsin, does ordain as follows:

SECTION I            STATE TRAFFIC LAWS ADOPTED

Except as otherwise specifically provided in this code, the statutory provisions in Chapters 194, and 340-350, of the Wisconsin Statutes, plus the administrative rules and regulations adopted by the secretary of the Wisconsin Department of Transportation and published in the Wisconsin Administrative Code, describing and defining regulations with respect to vehicles and traffic, exclusive of any regulations for which the statutory penalty is a fine or 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 statewide regulation of traffic on highways, street and alleys of the State of Wisconsin.

SECTION II  – OFFICIAL TRAFFIC MAP AND CONTROL DEVICES; PROHIBITED SIGNS, SIGNALS AND MARKERS

  1. DUTY OF THE TOWN BOARD OR ITS DESIGNEE TO ERECT AND INSTALL UNIFORM TRAFFIC CONTROL DEVICES. Whenever traffic regulations created by this code including a State of Wisconsin traffic regulation adopted by reference in Section I, require the erection of traffic control devices for enforcement, the Town Board or its Designee shall procure, erect and maintain uniform traffic control devices conforming to the Uniform Traffic Control Device Manual promulgated by the Wisconsin Department of Transportation, giving notice of such traffic regulations to the users of the streets and highways on which such regulations apply.  Whenever State law grants discretion to local authorities in erecting or placement of a uniform traffic control device, devices shall be erected in such location and in such manner as in the judgment of the Town Board will carry out the purposes of this Code and give adequate warning to users of the streets and highways of the Township of Germantown.
  2. CODE NUMBERS TO BE AFFIXED TO OFFICIAL TRAFFIC CONTROL DEVICES. The Town Board or its Designee shall cause to be placed on each official traffic control sign, guide board, mile post, signal or marker erected under subsection (1) a code number assigned by the Wisconsin Department of Transportation, and shall also place or direct the placing of Code numbers on all existing official traffic control devices as required by the laws of the State of Wisconsin.
  3. OFFICIAL TRAFFIC MAP
  4. OFFICIAL TRAFFIC MAP ESTABLISHED There is hereby established an Official Traffic  Map for the Township of Germantown upon which shall be indicated no parking areas, restricted parking areas, stop signs, arterial intersections, yield signs, special speed limits, one-way highways, school crossings and all other restrictions or limitations contained in this Code, as from time-to-time amended or modified by the Town Board when the laws of the State of Wisconsin require the erection or use of official traffic control devices to enforce such restrictions or limitations.
  5. VIOLATIONS PROHIBITED When official traffic control devices giving notice of the restrictions, prohibitions and limitations shown on the Official Traffic Map are erected and maintained in accordance with the provisions of this section a violation of the restriction, prohibition or limitation of the provisions of this code.
  6. MAP TO BE MAINTAINED A copy of the Official Traffic Map shall be maintained and displayed in the office of the Town Board or its Designee.
  7. ADDITIONS TO MAP The Town Board may from time-to-time make additions to or deletions from the Official Traffic Map and the Town Board or its Designee shall keep such Official Traffic Map current.
  8. PROHIBITED SIGNS AND MARKERS IN HIGHWAYS No person, other than an officer authorized by this code to erect and maintain official traffic control devices or his or her designee, shall place within the limits of any street or highway maintained by the Township any sign, signal, marker, mark or monument unless permission is first obtained from the Town Board or its Designee and/or the State Highway Commission.  Any sign, signal, marker, mark or monument placed or maintained in violation of this subsection shall be subject to removal as provided in sub. (5)
  9. REMOVAL OF UNOFFICIAL SIGNS, MARKERS, SIGNALS AND TRAFFIC CONTROL DEVICES. The Town Board may remove any sign, signal, marking or other device which is placed, maintained or displayed in violation of this code or state law.  Any charge imposed against premises for removal of a prohibited or illegal sign, signal, marking or device shall be reported to the Town Board for review and certification at its next regular meeting following the imposition of the charge.  Any charge not paid on or before the next succeeding November 15 shall be placed upon the tax roll for collection as other special Town taxes.

SECTION III         SPEED LIMITS

The Town Board hereby approves the Statutory speed limits as enforced in the Township, but reserves the right to modify such speed limits were found to be imprudent, unreasonable or unsafe.

SECTION IV         THORUGH IGHWAYS AND CONTROLLED INTERSECTIONS

  1. THROUGH HIGHWAYS DESIGNATED In the interest of public safety and pursuant to the authority granted by Wisconsin laws, the highways so designated on the official traffic map described in Section II hereof are declared to be through highways.
  2. CONTROLLED INTERSECTIONS DESIGNATED In the interest of public safety, the intersections which have traffic control signals as shown in the official traffic map described in Section II hereof and declared controlled intersections.
  3. DESIGNATION OF LOCATION OF STOP SIGNS AND YIELD SIGNS In the interests of public safety, stop signs and yield signs shall be installed at the locations indicated on the official traffic map referred to in Section II herein.
  4. OPERATORS TO OBEY TRAFFIC CONTROL DEVICES Every operator of a vehicle approaching an intersection at which an official traffic control device is erected shall obey the direction of such official traffic control device as required by the Wisconsin Statutes incorporated by reference in Section I of this Code.

SECTION V  –  ONE-WAY HIGHWAYS, SAFETY ZONES, SAFETY ISLANDS, TURNS AND LANES     

No person shall drive or operate a vehicle on any highway or portion thereof except in conformity with the traffic control device designating and identifying an area; such as a one-way turn or U-turn area; or area designating separate lanes for slow moving traffic or for traffic moving in a particular direction.

SECTION VI         WEIGHT LIMITS AND HEAVY TRAFFIC ROUTES

  1. STREETS DESIGNATED AS CLASS “B” HIGHWAYS All highways under the control of the Township of Germantown, are hereby designated as Class “B” Highways by the Wisconsin Statutes adopted by reference in Section I of this Code, the County Highway Commission or by the Town Board.
  2. SPECIAL AND SEASONAL WEIGHT LIMITATIONS The Town Board or its Designee shall have the authority to impose special and seasonal weight limitations 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 this Code.

SECION VII  –  ABONDONED VEHICLES

  1. ABANDONMENT OF VEHILCES PROHIBITED No person shall abandon any vehicle unattended within the Township of Germantown for such time and under such circumstances as to cause the vehicle o reasonably appear to be abandoned.
  2. DEFINITION   As used in this Section “vehicle” means a motor vehicle, trailer, semi-trailer or mobile home as defined in Section I of this Code, whether or not that vehicle is registered under Chapter 341, Wis. Stats.
  3. PRESUMTION OF ABANDONMENT Any vehicle left unattended for more than 48 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.
  5. REMOVAL AND IMPOUNDMENT OR SALE. Any vehicle found abandoned in violation of this Ordinance shall be impounded by the Town Board or its Designee until lawfully claimed or disposed of as provided in this Section.  If the Town Board determines towing costs and storage charges for the impoundment period, would exceed the value of the vehicle, the vehicle may be junked or sold prior to the expiration of the impoundment.  Upon the determination by the Town Board or its Designee that the vehicle is not wanted for evidence or any other reason; provided that vehicle is in excess of 19 model years of age shall be sold or disposed of only by auction, sale or sealed bid in accordance with this subsection.
  6. MINIMUM IMPOUNDMENT   The minimum period of impoundment or storage of a vehicle found in violation of this Section shall be 30 days.
  7. NOTCIE TO OWNER The Town Board or its Designee removing or causing the removal of any vehicle found in violation of this Section shall within 2 days thereafter notify the owner and lien holders of record, by certified mail, of the impoundment and of their right to reclaim the vehicle.  The notice shall set forth information contained in Section 342.40(3), Wis. Stats., and shall state that the failure of the owner to lien holders 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 to the sale of the vehicle.
  8. SALE Each retained vehicle not reclaimed by the owner or lien holder may be disposed of by sealed bid or auction sale a provided in Section 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 this Section shall have ten (10) days to remove the vehicle from the storage area upon payment of a storage fee as set in the Town of Germantown fee schedule for each day the vehicle has remained in storage after the second business day subsequent to the sale date.  Ten (10) 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 or his Designee to any interested person or organization who makes a written request therefore, for a fee as set in the Town of Germantown fee schedule.
  12. NOTICE TO DEPARTMENT Within five (5) 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 (2) years of a sale of a motor vehicle as provided herein, any person claiming ownership of such motor vehicle or 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 the neglect or fault of the 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 in to the Town Treasury as a 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 zone, shall within twelve (12) hours of such occurrence, notify the Town Board or its Designee of the location of the vehicle an shall transfer and deliver clear title for said vehicle to the Designee together with a fee as set in the Town of Germantown fee schedule to offset the costs 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 Board’s Designee shall be authorized to order such vehicle removed and junked directly from the scene of disablement by him or a contractor engaged by the Town for towing of disabled vehicles.

SECTION VIII  –  PENALTIES

  1. FORFEITURE PENALTY The penalty for a violation of any provision of this Code shall be a forfeiture as hereinafter provided together with the costs of prosecution and the penalty assessment imposed by Section 165.87 Wis. Stats., where applicable.  Payment of the judgment may be suspended by the sentencing Judge for not more than sixty (60) days.  Any person who shall fail to pay the amount of forfeiture, costs of prosecution and penalty imposed for violation of any provision of this Code may, upon Order of the Court entering Judgment therefore and having jurisdiction of the case, be imprisoned until such forfeiture, costs and assessments are paid, but not exceeding ninety (90) 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 regulations set forth in the Wisconsin Statutes adopted by reference in Section I of this Code shall conform to the comparable State Statutes, 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.

SECTION IX  –  ENFORCEMENT

This Ordinance shall be enforced in accordance with the applicable provisions of the Wisconsin Statutes and this Section.

  1. APPLICABLE COURT PROCEDURES Except as otherwise specifically provided by the laws of the Statutes or this Code, the traffic regulations of this Code shall be enforced in the Circuit Court of Juneau County in accordance with the provisions of Chapter 288 and 299 and Section 345.20(2)(a), Wis. Stats.

April 13, 1981

 

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED:  Gregg Haunroth, Town Chairman
ATTEST: 
Susan Ganther, Town Clerk/Treasurer 

 

 

Amended to remove the word “culvert” and add “special and seasonal weight limitations” to section VI, 2, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on this 13th day of October, 2015.

APPROVED:   Gregg Haunroth, Town Chairman
ATTEST: 
Susan Ganther, Town Clerk/Treasurer

14. Swim Area and No Wake in Buckhorn State Park

ORDINANCE #14

TOWN OF GERMANTOWN

AN ORDINANCE TO ESTABLISH A PROTECTED SWIMMING AREA AND A SLOW NO WAKE AREA PURSUANT TO SECTION 30.77(2) AND 30.74(2) OF THE WISCONSIN STATUTES

The Town Board of the Township of Germantown, Juneau County, Wisconsin, does ordain as follows:

SECTION I   PURPOSE

The purpose of this ordinance is to establish a safe swimming area and to provide for a “slow no wake” area on the waters under the jurisdiction of the Township of Germantown and to provide for safe and enjoyable aquatic recreation consistent with public rights and interest and capability of the water resource.

SECTION II   APPLICABILITY

The provision of this ordinance shall apply to the waters of the Castle Rock Flowage within the jurisdiction of the Town of Germantown, Juneau County, Wisconsin.

SECTION III   STATE BOATING AND WATER SAFETY LAWS ADOPTED

The statutory provisions describing and defining regulations with respect to water traffic, boats, boating, and related water activities and safety found in Sec. 30.66(3) and Sec. 30.68(7) of the Wisconsin statutes is hereby adopted and by reference made a part of this ordinance.

SECTION IV   AREA DESIGNATED

The area designated as the swimming area shall be a semi-circle shape with a 300 foot shoreline at the existing beach area owned by the Department of Natural Resources within Buckhorn State Park.  The slow no wake area shall be marked in a semi-circle pattern around the State Park.  The buoys shall be approximately 150 feet from the center of the ramp at the normal waterline.

These areas being located in the northeast ¼ of Section 21, Township 17 North, Range 4 East, in Juneau County, Wisconsin.  The areas shall be designated by buoys which meet the standards set forth in the Wisconsin Administrative Code NR 5.09.  The buoys shall be purchased and placed by the Department of Natural Resources, Buckhorn State Park.

SECTION V   PENALTY SECTION

Any person violating the provisions of this ordinance shall be subject to a forfeiture as set in the Town of Germantown fee schedule.

Dated 6-9-1981

 

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST: 
Susan Ganther, Town Clerk/Treasurer

15. Town Roads

ORDINANCE 15

TOWN OF GERMANTOWN

A LAND USE ORDINANCE COVERING DEDICATION OF LANDS FOR TOWN ROADS, MINIMUM TOWN ROAD CONSTRUCTION AND MISCELLANEOUS ROAD PROVISION.

The Town Board of the Town of Germantown does ordain that:

SECTION I

State Statutes 86.01 through 86.07 through 86.105, 86.14 through 86.17, 86.19(1), (3), and 86.192 are specifically adopted and incorporated into this ordinance.  Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this ordinance in order to secure uniform statewide regulation of highways, streets and alleys of the State of Wisconsin.

SECTION II

After October 12, 1981, all roads, prior to being accepted by the Town from a developer, owner or other entity, shall have the following minimum geometric design standards:  Right of way: 4 rods: graded roadway width 26 feet; surface width 20 feet.

SECTION III

Before any road or street will be accepted by the Town, the owner must comply with the following requirements:

  1. That the 4 rod right of way has been brushed, ditched and back-sloped, except that back-sloping may be eliminated by action of the Town Board or its designated representative if the natural ground slope is such as to render back-slope grading impractical.
  2. That the depth of ditching shall be adequate to meet the drainage requirements existing at the site, but no in no case shall the ditching be less than 15’ below the bottom of the road base material. A 12’ diameter culver which extends at least 2 feet beyond either edge of a driveway must be installed if that driveway would impede drainage water flow.  Owner’s responsibility of all new driveways.  For town roads contact the Zoning Administrator, for county roads contact the County Road Superintendent.
  3. Knolls and hills shall be leveled to provide vision of a minimum of .1 of a mile in either direction.
  4. Curves and intersections shall be graded and designed to provide full vision and safety for all users of the road or street.
  5. There shall be a minimum of 8” compacted road base material conforming to section 304 of the State of Wisconsin, DOT, Standard specifications for Road and Bridge Construction. The road base shall be compacted to a minimum of 90% crowned at the center line and evenly sloped at ta downward grade of 2% to the outer edge of the shoulder.
  6. The roadway finished surface shall be two inch asphalt hot mix applied and applied and finished in accordance with Part IV of the State of Wisconsin Standard Specification for Road and Bridge Construction. The finished surface shall be crowned and sloped as provided for the road base.
  7. Shoulders shall be of the same material as the road base or surfaced roadway, level with the joining roadway surface. Shoulders shall be compacted to the same degree as the road base.
  8. Ditches shall be seeded with a DOT standard seed mixture appropriate to the area and conditions, applied in accordance with Section 630, of the State of Wisconsin, DOT Standard Specifications for Road and Bridge Construction. Growth of seeded mixture plants shall be healthy, without burn and a minimum of two inches in height upon acceptance.
  9. Public roads should be laid out to be through streets if possible. If cul-de-sacs shall have a right of  way radius of at least 75 feet .

SECTION IV

Town Ordinance 5, “Ordinance to assign town road names”, published October 19, 1976, is incorporated herein and Ordinance 5 is abolished.

SECTION I   ROAD NAMES

In accordance with Statute 81.01(11) of Wisconsin Statutes (created by chapter 381, Laws of 1974), which requires the assignment of names of each road under the Town’s jurisdiction, the road names as shown on the attached plat are hereby assignees.”

SECTION V

Any person(s), form or corporation violating a provision of Section I of this Ordinance shall be liable, upon conviction to the fines or imprisonment or other legal resources as provided for in the State Statutes concerned.

SECTION VI

If any provision of this Ordinance is invalid or unconstitutional, or if the application of this ordinance to any person or circumstance is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the provision or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or applications.

SECTION VII

This Ordinance shall be in force and affect the day after legal publication.  The foregoing ordinance was amended and adopted at a regular meeting of the Town of Germantown, Juneau County, Wisconsin, on January 14, 1997.

Signed by: Michael Sullivan, Supervisor 1, C.J. Laridaen, Supervisor 2,  J.V. Schulz, Town Chairman
Published this 15th day of February, 1997
Kathleen Potter, Town Clerk

 

 

Changes were adopted at a regular town meeting of the Town of Germantown, Juneau County, Wisconsin, on June 10, 2003.

Signed by: Robert Miller, Town Chairman, Rosetta Boyle, Supervisor, Richard Mazzoni, Supervisor, Bartley Hallinan, Supervisor, Wilmer (Bud) Kass, Supervisor

Changes are adopted at the regular town meeting of the Town of Germantown, Juneau County, Wisconsin, on September 15, 2004

 

CHANGES TO ORDINANCE 15

This change will effect only:  Ordinance 15, Section III, e, f, and adding i.  Replace with new wording:  Ordinance 15, Section III, e there shall be a minimum of 8” compacted road base material conforming to section 304 of the State of Wisconsin, DOT, Standard specifications for Road and Bridge Construction.  The road base shall be compacted to a minimum of 90% crowned at the center line and evenly sloped at a downward grade of 2% to the outer edge of the shoulder.

Replace with new wording:  Ordinance 15, Section III, f. The roadway finished surface shall be tow in asphalt hot mix applied and finished in accordance with Part IV of the State of Wisconsin Standard Specifications for Road and Bridge Construction.  The finished surface shall be crowned and sloped as provided for the road base.

Add new wording for Ordinance 15, Section III, i. Public roads should be laid out to be through streets if possible.  If cul-de-sacs are used, the cul-de-sac shall have a right of way radius of at least 75 feet.

This change was adopted at a regular town meeting of the Town of Germantown Board, of the Town of Germantown, Juneau County, Wisconsin, on June 10, 2003.

16. Assigning Names to Town Road

ORDINANCE #16

TOWN OF GERMANTOWN

AN ORDINANCE ASSIGNING NAMES TO TOWN ROADS

 

The Town board of the Town of Germantown, Juneau County, Wisconsin, do ordain as follows:

SECTION I
In accordance with Section 81.01(11) of the Wisconsin Statutes, the road dedicated and conveyed to the Town of Germantown by JMJ Corporation of Wisconsin is to be known and designated as Ruby Drive, Jones Avenue, and Collie Drive.

SECTION II
In accordance with Section 81.01(11) of the Wisconsin Statutes, the road dedicated and conveyed to the Town of Germantown by Vagabond Retreats is to be known and designated as Godfrey Drive, Barbara Lane, Sullivan’s Lane, and Alice Lane.

SECTION III
This ordinance shall take effect upon passage and publication as provided by law.

Introduced and adopted this 8th day of February, 1982.

18. Hand Guns

ORDINANCE #18

TOWN OF GERMANTOWN

AN ORDINANCE TO CONTROL HAND GUNS IN PUBLIC BUILDINGS IN THE TOWNSHIP OF GERMANTOWN

The town board of the Township of Germantown, Juneau County, Wisconsin, do ordain as follows:

SECTION I
Definitions:  As used in this Ordinance, the following terms shall have the following meanings:

  1. “Public Building” means any structure, including exterior platform or steps providing means for ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public.
  2. “Hand Gun” means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore.

SECTION II
It shall be unlawful for any person to wear or carry a hand gun in any building open for business to the public, except of said person’s place of lodging, in the Township of Germantown, unless the person is:

  1. A law enforcement officer;
  2. A licensed gun dealer at his place of business;
  3. In a licensed gun dealer’s place of business for the purpose of buying or selling a hand gun, or delivering or picking up a hand gun for repairs.
  4. In possession of a Wisconsin concealed carry permit issued under state statute 175.60, or an out-of-state concealed carry permit that is recognized by the state of Wisconsin.

SECTION III
Any person found to be in violation of this Ordinance shall be subject to a forfeiture as set in the Town of Germantown fee schedule.

SECTION IV
If any section or part of this Ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Ordinance which shall remain in full force and effect.  To this end, the provisions of this Ordinance are declared severable.

SECTION V
This Ordinance shall be in full force and effect from and after its passage and publication.

Introduced and adopted this 13th day of September, 1982

 

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST:
Susan Ganther, Town Clerk/Treasurer                     

 

Amended to add section II. d. at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on November 10, 2015.

d. In possession of a Wisconsin concealed carry permit issued under state statute 175.60, or an out-of-state concealed carry permit that is recognized by the state of Wisconsin.

APPROVED: Gregg Haunroth, Town Chairman 
ATTEST: Susan Ganther, Town Clerk/Treasurer

26. Formation of Parks Committee

FORMATION OF A PARKS COMMITTEE

ORDINANCE #26

TOWN OF GERMANTOWN

SECTION I   CREATION
A Park Committee is hereby created which shall have the powers and duties as authorized by the Town Board.

SECTION II   PURPOSE
The establishment of this Committee shall be for the purpose of governing, managing, controlling, and improving and caring for the public parks.  The powers and functions of the Park Committee shall be those set forth by the Township Board.

SECTION III   PARK COMMITTEE
The Park Committee shall consist of two Supervisors, one of whom shall be appointed chairperson of the Committee and three citizens, all of whom may vote.  The Township Chairman and/or their designees, shall be ex-officio, non-voting members of the Committee.

SECTION IV   APPOINTMENT/TERM OF OFFICE

  1. Supervisor Members Shall be appointed by the Township Chairman, subject to confirmation by the Township Board; during April for the duration of their current term in office.  The term of office on the Committee shall begin May 1st.
  2. Citizen Members The three citizen members shall be appointed by the Township Chairman, subject to confirmation beginning May 1st.  The terms of the citizen members shall be staggered so that not more than two such regular appointments are made annually.

SECTION V   DUTIES AND RESPONSIBILITIES
The Committee shall have the following responsibilities and duties which shall be advisory except as otherwise provided:

  1. To review and recommend to the Township Board policies necessary for the governance of the Park.
  2. To review and recommend to the Township Board all budgetary revenue and expenditure proposals relating to the Park and Recreation facilities and programs. The Committee shall submit to the Township Board by October 1 or each year a proposed program and budget for the ensuing calendar year.  The Committee shall not contract any liability in excess of the budged appropriated unless specifically authorized by the Township Board.  All monies received for the purposes of the Committee, whether from the general fund or from approved donations, or from such reasonable fees as may be charged for activities, shall be paid over to the Township Treasurer and be disbursed by orders of the Township Clerk drawn upon the Township Treasurer to pay accounts or bills that have been audited and allowed by the Committee and presented to the Clerk.
  3. To review and recommend to the Township Board rules and regulations for the effective management to the Township Park and facilities and programs.
  4. To perform such duties and have such responsibilities as the Township Board shall from time to time, by ordinance, resolution or by law direct.

SECTION VI  MEETINGS
The Committee shall meet monthly, as needed, or directed by the Chairperson.

SECTION VII
The ordinance shall take effect and be in force from and after is passage and publication.

 

ADOPTED by the Township Board of the Township of Germantown, Wisconsin, this 11th day of April, 1995.

27. Issuance of Citations

ORDINANCE #27

TOWN OF GERMANTOWN

ORDINANCE RELATING TO THE ISSUANCE OF CITATIONS FOR VIOLATION OF TOWN OF GERMATON ORDINANCES.

The Town Board of Supervisors of the Town of Germantown, Juneau County, Wisconsin, does ordain as follows:

SECTION I – STATUTORY AUTHORITY
Pursuant to Section 66.119 of the Wisconsin Statutes, the Town Board of Supervisors of the Town of Germantown hereby elects to use the citation method of enforcement of town ordinances described herein other than those for which a statutory counterpart exists.

SECTION II – FORM OF CITATION
The citations shall contain the following:

  1. The name and address of the alleged violator;
  2. The factual allegations describing the alleged violation;
  3. The time and place of the offense;
  4. The section of the ordinance violated;
  5. A designation of the offense in such as can readily be understood by a person making a reasonable effort to do so;
  6. The time at which the alleged violator may appear in court;
  7. A statement which in essence informs the alleged violator:
  8. That a cash deposit based on the schedule established by this ordinance may be made which shall be delivered or mailed to the Clerk of Court prior to the time of scheduled court appearance.
  9. That if a deposit is made, no appearance in court is necessary unless subsequently summoned.
  10. That if a cash deposit is made and the alleged violator does not appear in Court, he will be deemed to have entered a plea of no contest, or if the court does not accept the plea of no contest, a summons will be issued commanding him/her to appear in court to answer the complaint.
  11. That if no cash deposit is made and the alleged violator does not appear in court at the time specified, an action may be commenced to collect the forfeiture.
  12. A direction that if the alleged violator elects to make cash deposit, the statement which accompanies the citation shall be signed to indicate that the statement required under “g” above has been read. Such statement shall be sent or brought with the cash deposit.
  13. Such other information as the Town deems necessary.

SECTION III – SCHEDULE OF DEPOSITS
Deposits shall be made in the amount equal to a schedule adopted by the Town Board and amended from time to time by resolution. Copies of the schedule shall be available from the Town Clerk.

SECTION IV – ISSUANCE OF CITATION
Citations may be issued by members of the Town Board or any individual designated by the Town Board pursuant to board resolution.

SECTION V – PROCEDURE
Section 66.119(3) Wisconsin Statutes relating to violator’s options and procedures on default is hereby adopted and incorporated by reference.

SECTION VI – NON-EXCLUSIVITY
A. OTHER ORDINANCE
Adoption of this ordinance does not preclude the Town Board from adopting any other law or ordinance relating to the same or other matter.

B. OTHER REMEDIES
The issuance of a citation hereunder shall not preclude the Town Board or any authorized office from proceedings under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.

SECTION VII – SEVERABILITY
If any provision of this ordinance is invalid or unconstitutional, or if the application of this ordinance to any person or circumstances is invalid or unconstitutional, such invalidity to unconstitutionality shall not affect the provision or application of this ordinance which can be given effect without the invalid or unconstitutional provision or application.

SECTION VIII – EFFECTIVE DATE
This ordinance shall take effect upon its passage and publication as provided by law.

The foregoing ordinance was adopted at a regular town meeting of the Town Board of the Town of Germantown on February 29, 1996.

Ordinances enforced by citation include (Ordinance number and simplified subject matter only):
Ordinance 1  Regulating Boat Speed
Ordinance 3  Littering
Ordinance 4  Driveways
Ordinance 7  Snowmobiles
Ordinance 8  Camping
Ordinance 9  Division of Lands, etc.
Ordinance 14  Slow – No Wake
Ordinance 18  Control of Hand Guns
Ordinance 22  Zoning
Ordinance 23  Signs
Ordinance 24 Recycling
Ordinance 28  Slow – No Wake

 

Adopted February 29, 1996

28. Little Yellow River Water Traffic

ORDINANCE #28

TOWN OF GERMANTOWN

A SOLE ORDINANCE TO REGULATE WATER TRAFFIC, BOATING AND WATER SPORTS UPON THE WATERS OF THE LITTLE YELLOW RIVER AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF.

The Town Board of the Town of Germantown, Juneau County, Wisconsin, does ordain as follows:

  1. INTENT The intent of this ordinance is to provide safe and healthful conditions for the enjoyment of aquatic recreation consistent with public rights and interest and the capability of the water resource.
  2. APPLICABILITY AND ENFORCEMENT The provisions of this ordinance shall apply to the waters of the Little Yellow River within the jurisdiction of the Town of Germantown.  The provision of this ordinance shall be enforced by the officers of the Department of Natural Resources, or the Juneau County Sheriff’s Department.
  3. STATE BOATING AND SAFETY LAWS ADOPTED State boating laws as found is ss. 30.50 to 30.71 and subsequent changes are adopted by reference.
  4. DEFINITIONS in this ordinance:
  5. “Slow-no wake” means that speed at which a boat moves as slowly as possible while still maintaining steerage control.
  6. SPEED RESTRICTIONS As necessary to comply with the definition of “slow – no wake”.
  7. CONTROLLED AREAS The area beginning on a line which connects 15th Avenue on either side of the Little Yellow River and going eastward three quarters of a mil or 3,960 feet.  That area is within Plat Mat T17N R.4E Sec 20 NW ¼; SW ¼; NE ¼; SW ¼; NE ¼; SE ¼; SW ¼; NE 1/4 .  The area shall be visually defined by four (4) “Slow-no-wake” buoys spaced one quarter of a mile or 1,320 feet apart placed approximately mid-stream.
  8. PENALTIES Wisconsin state boating penalties as found in s. 30.80 are adopted by reference.
  9. SEVERABILITY  The provision of this ordinance shall be deemed severable and it is expressly declared that the Town Board would have passed the other provisions of this ordinance irrespective of whether or not one or more provisions may be declared invalid.  If any provision of this ordinance or the application 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.
  10. RESPONSIBILITY FOR PLACEMENT AND MAINTENANCE of the buoys shall be that of the Wisconsin River Power Company (WRPCo).

Adopted this 29th day of February, 1996.

29. Increase Size of Town Board

ORDINANCE #29

TOWN OF GERMANTOWN

ORDINANCE TO INCREASE THE SIZE OF THE TOWN BOARD FROM THREE TO FIVE MEMBERS.

The Town Board of the Town of Germantown, Juneau County, Wisconsin, do ordain as follows:

That as provided for by s.s. 60.21, the Town Board shall be increase from three to five members during the spring election of 1998.  This provides for three supervisors being elected during the spring election of 1997 and two supervisors being elected during the spring election of 1998.  This pattern of electing three supervisors each odd numbered year and two supervisors each even numbered year shall be ongoing as provided by s.s. 60.21 (1).

An advisory but non-binding referendum shall be available to the electorate during the general election of November 5, 1996.

The wording of the referendum ballot shall read:  “Shall the Town of Germantown, Juneau County, Wisconsin increase the size of the Town Board from three to five in the year 1998?  This is an advisory, non-binding referendum.”

The final decision to increase the size of the Town Board shall rest with the Town Board elected at and installed in office following the spring election of 1997.

This ordinance shall be in full force and effect after its passage and one day after publishing.

 

Published this 29th day of October, 1996.

30. Speed Zones

ORDINANCE #30

TOWN OF GERMANTOWN

AN ORDINANCE THAT ESTABLISHES SPEED ZONES ON TOWN ROAD, TOWN OF GERMANTOWN, JUNEAU COUNTY, STATE OF WISCONSIN

The Town Board, Town of Germantown, County of Juneau, State of Wisconsin, do ordain as follows:

SECTION I
A traffic and engineering investigation having been made on the following described highways, the maximum permissible speed at which vehicles may be operated on said highways, which speed is herewith established as reasonable and safe pursuant to section 346.57 (4)(g) and section 349.11, Wisconsin Statutes, shall be as set forth herein, and upon erection of standard signs giving notice thereof.

The maximum permissible speed for all vehicles on the following described portion of town roads in the Town of Germantown shall be forth-five miles per hour:

  1. 15th Avenue from 32nd Street, south to County Highway G
  2. 16th Avenue from Water Street, south to County Highway G
  3. 16th Avenue from 38th Street, south to County Highway G
  4. 17th Avenue from 38th Street, south to County Highway G
  5. 19th Avenue from 28th Street, south to County Highway G
  6. 19th Avenue from County Highway G south to 43rd Street
  7. Petras Road
  8. 38th Street from State 58, east to 17th Avenue
  9. 40th Street from 19th Avenue, east to County Highway G
  10. 41st Avenue from 19th Avenue, east to County Highway G
  11. 37th Street from State Highway 58, east to 17th Avenue
  12. 15th Avenue from 37th Street, south to 38th Street

The maximum permissible speed for all vehicles on the following described portion of town roads in the Town of Germantown shall be thirty-five mile per hour:

  1. 15th Avenue from County Highway G south to Little Yellow River
  2. 15th Avenue from Little Yellow River, south to 37th Street
  3. Shacks Road
  4. 38th Street from 17th Avenue, east to Pine Cove Resort
  5. Woodland Drive
  6. Evergreen Lane
  7. Oakwood Lane
  8. 22nd Avenue, both North and South sections
  9. 16th Avenue, from 32nd Street, south to Water Street
  10. 17th Avenue, from 38th Street, north to end

The maximum permissible speed for all vehicles on the following described portion of town roads, in the Town of Germantown shall be twenty-five miles per hour:

  1. Raven Drive
  2. Running Bear Trail
  3. Whistling Wings Drive
  4. Tomahawk Trail
  5. Mallard Drive
  6. Deer Path
  7. Pheasant Drive
  8. Quail Drive
  9. Beach Drive
  10. Timber Trail
  11. Pine Lane
  12. Woodland Trail
  13. Poplar Lane
  14. Cherokee Lane
  15. Apache Trail
  16. Sioux Court
  17. Half Moon Bay Drive, East and West
  18. Meadow Lane
  19. Legend Lake Circle
  20. Etier Way
  21. Haagenson Circle
  22. Horny Place
  23. Presnell Court
  24. Jim Legge Drive
  25. Wally Way
  26. Osprey Drive, North and South
  27. Osprey Road
  28. Osprey Court
  29. Sunny Lane
  30. Three Rivers Drive
  31. Collie Drive
  32. Ruby Drive
  33. Jones Avenue
  34. Godfrey Avenue
  35. Barbara Lane
  36. Sullivan Lane
  37. Alice Lane
  38. Sandstone Drive
  39. Big Oak Drive
  40. East Side Court
  41. Evergreen Street (Gardens)
  42. Woodside Avenue
  43. Castle Court
  44. 19th Avenue from 36th Street, north to County Highway G
  45. 20th Avenue from 36h Street, north to County Highway G

SECTION II
Any person violating any provisions of this ordinance may be required to forfeit a fee as set in the Town of Germantown fee schedule.

SECTION III
This ordinance replaces and/or supersedes previously published ordinances numbered 10, 11, 12, 19, and 20.

SECTION IV
This ordinance shall be in force and effect the day after legal publication .

The foregoing ordinance was introduced and adopted at the regular monthly meeting of the Town Board of the Town of Germantown this 13th day of July, 1999.

 

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.
APPROVED: Gregg Haunroth, Town Chairman 
ATTEST:  
Susan Ganther, Town Clerk/Treasurer

31. State of Emergency

Ordinance 31

ORDINANCE AMENDMENT CREATING ORDINANCE 31, TOWN OF GERMANTOWN, RELATED TO DECLARATION OF STATE OF EMERGENCY

WHEREAS, Chapter 166 of the Wisconsin Statutes confers the power to plan for and response to natural or man-made disasters on the County; and

WHEREAS, Chapter 166 authorizes local governments to adopt ordinances to provide for emergency management;

WHEREAS, it is advisable to provide for clear lines of authority and control in the event of emergencies to that governmental resource can be quickly and effectively applied to meet emergency situations;

WHEREAS, Town Board has opined that the Town has the authority to adopt an ordinance delegating the power to declare an emergency to its Town Board Chairperson;

NOW THEREFORE, the Town Board of Supervisors of the Town of Germantown does hereby ordain as follows:

Ordinance 31 of the Town of Germantown Code of Ordinances is created to read as follows:

 

31.1(1) Findings.  The Town Board of Supervisors finds that preparation for and planning to meet the circumstances which may confront the Town in times of natural or man-made disasters or emergencies is a high priority of the Town.  Town’s obligation to promote the public health, safety and welfare requires that clear procedures be adopted in advance of emergencies so that the resources necessary to respond that such emergencies can be immediately and effectively directed to meet them.  Therefore, the Board finds, that pursuant to section 59.07(64), stats., the public peace, health, safety and welfare, together with the need to maintain the good order of the community, requires that an ordinance be adopted providing for emergency management, and delegating the power to coordinate such emergency management to the Town Board Chairperson.

31.2(2) Declaration of Emergency.  Whenever, in the discretion of the Town Board Chairperson, it appears that by reason of flood, storms, hail, pests, drought, chemical contamination, radioactive contamination, insurrection, civil emergency, tornado, ice storm, or other natural or man-made emergency, it becomes necessary, to provide for the safety, welfare, health and relief of the residents and occupants of Town of Germantown, the Chairperson may declare an emergency according to the provisions of this ordinance.

31.3(3) Declaration of Emergency. Upon the happening of an event described in section 10.2 of this code, the Chairperson may sign a written order finding that circumstances describing the order warrant and require the declaration of an emergency.  The declaration shall state the area covered by the declaration with reference to towns or incorporated municipalities.  The declaration shall state the purpose of the declaration, for citing the general goals sought to be accomplished through the declaration.  The declaration shall state the expiration date of the declaration; if no date is provided, the declaration shall automatically expire within or at the end of the seventh day following the proclamation.

31.4(4) Effective Declaration.  Upon the execution of the declaration, the Chairperson shall file a copy of the declaration with the Town Clerk, and communicate the declaration to the Town Chairman, Mayors, Village Presidents, or other local officials of the areas affected by the declaration.  A copy of the declaration shall also be provided to the sheriff of Juneau County and to its Chiefs of Police of any police departments within the area affected by the declaration.  The Chairperson shall seek with diligence to inform the public through the press and media of the emergency.  The declaration shall have the effect of an ordinance enacted pursuant to section 59.04(64), Stats. And shall be enforceable as such.  The Sheriff and other law enforcement officers are authorized to use the power of arrests to affect necessary protective evacuation of individuals from disaster areas, and the Town shall save and hold harmless any peace officer acting in good faith pursuant to the directives of a declaration of an emergency.

31.5(5) Town Board Chairperson Powers; Enforcement.  For the purpose of effecting emergency response, the Town Board Chairperson shall, during the term of any declared emergency, exercise the supervisory powers of Town department heads and employees that are provided to the county administrator by section 59.033m stats, not-withstanding this grant of authority, however, the Town Board Chairperson may not utilize this supervisory authority for the purpose of discharging or demoting any town employee.  The Town Board Chairperson shall have the authority to direct by order that persons endangered by the pendency of natural or man-made disasters may be evacuated by the sheriff and other peace officers.  The Town Board Chairperson may also order and direct the prosecution of relief efforts using equipment owned or obtained by the Town for any necessary purpose related to disaster relief.

31.6(6) Succession to authority of Town Chairperson.  In the event that the Town Board Chairperson is absent from the state or is physically unavailable to exercise the authority vested in this ordinance, or has been incapacitated by accident, disease or injury, then the powers contained in this ordinance shall transfer to a person designated by a Resolution, enacted in May of each year, naming a Line of Succession approved by a majority vote of the Town Board.

31.7(7) Obstruction of Emergency Relief Efforts; Penalty.  No person may obstruct, interfere, impede or in any way harass or impair the efficient and effective prosecution of relief efforts necessary for the protection of persons or property.  Any person who so obstructs or impairs relief efforts, having first been warned orally by the relief authority to desist from such activities, may be fined according to fees set in the Town of Germantown fee schedule.  Each day of the violation shall be considered a separate offense.  It shall be a defense to this offense for a person, not incompetent, to refuse  to be evacuated for the reason that the person wishes to remain with his or her property and the person releases and waives any liability on the part of the county or its officers for failing to evacuate the individual.

This ordinance shall be effective on the day following its publication.  Town of Germantown Board of Supervisors.

Passed on Feb 13, 2001

 

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST: 
Susan Ganther, Town Clerk/Treasurer

 

 

Amended to add the bold text below to 31.6(6) Succession to authority of Town Chairperson.  In the event that the Town Board Chairperson is absent from the state or is physically unavailable to exercise the authority vested in this ordinance, or has been incapacitated by accident, disease or injury, then the powers contained in this ordinance shall transfer to a person designated by a Resolution, enacted in May of each year, naming a Line of Succession approved by a majority vote of the Town Board.

at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on this 13th day of October, 2015.

APPROVED:  Gregg Haunroth, Town Chairman
ATTEST: 
Susan Ganther, Town Clerk/Treasurer

 

32. Regulate Boating on Castle Rock Lake

ORDINANCE #32

TOWN OF GERMANTOWN

A SOLE ORDINANCE TO REGULATE BOATING UPON THE WATERS OF CASTLE ROCK LAKE AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF.

The Town Board of the Town of Germantown, Juneau County, Wisconsin, does ordain as follows:

SECTION I    Applicability and Enforcement

  1. The provisions of this Ordinance shall apply to waters of Castle Rock Lake
  2. This chapter shall be enforced by the Officers of Juneau County or Constables of Germantown.

SECTION II    Intent
The intent of this ordinance is to provide safe and healthful conditions for the enjoyment of aquatic recreation consistent with public rights and interests, and the capability of the water resources.

SECTION III   State Boat and Safety Laws Adopted
State boating laws as found in s.s. 30.50 to 30.71, Wisconsin Statutes, are adopted by reference

SECTION IV    Definitions
“Slow-No-Wake” means that speed at which a boat moves as slowly as possible while still maintaining steerage control.

SECTION V   Controlled Area
No person shall operate a boat faster than a slow-no-wake in the waters of Port O’Call Bay beginning entrance of bay and ending at Garden Channel at any time.

SECTION VI    Penalties
Wisconsin State boating penalties as found in s.s. 30.80, Wisconsin Statutes, are adopted by reference.

SECTION VIII   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 of this ordinance irrespective of whether or not one or more provisions may be declared invalid.  If any provision of this ordinance or the application 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.

SECTION IX   Effective Date
This section will become effective upon passage and the day after publication.  Passed this 14th day of July, 1998,

33. Slow No-Wake Hours

ORDINANCE #33

TOWN OF GERMANTOWN

A SOLE ORDINANCE TO REGULATE BOATING UPON THE WATERS OF CASTLE ROCK LAKE AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF.

The Town Board of the Town of Germantown, Juneau County, Wisconsin, does ordain as follows:

SECTION I    Applicability and Enforcement

  1. The provisions of this Ordinance shall apply to the waters of Castle Rock Lake
  2. This chapter shall be enforced by the officers of the Town of Germantown and designees of the Town Board

SECTION II    Intent
The intent of this ordinance is to provide safe and healthful conditions of the enjoyment of aquatic recreation consistent with public rights and interests, and the capability of the water resources.

SECTION III    State Boating and Safety Laws Adopted
State boating laws as found in s.s. 30.50 to 30.71, Wisconsin Statutes, are adopted by reference.

SECTION IV    Definitions

  1. “Slow-No-Wake” means that speed at which a boat moves as slowly as possible while still maintaining steerage control.
  2. “Castle Rock Lake” that portion of the Wisconsin River between Castle Rock Dam and Petenwell Dam including any sloughs or bays.

SECTION V          Hours of Operation
No person shall operate a boat faster than 35 mph during the hours of 10 p.m. and 5 a.m. local time on Castle Rock Lake.

SECTION VI    Posting Requirements
The Town of Germantown shall place and maintain a copy of this section at all public access points within the jurisdiction of the Town.

SECTION VII    Penalties
Wisconsin state boating penalties as found in s.s. 30.80, Wisconsin Statutes, are adopted by reference.

SECTION VIII     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 may be declared invalid.  If any provision of this ordinance or the application 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.

SECTION IX    Effective Date
This section will become effective upon passage and the day after publication.

Passed this 13th day of April, 1999.

34. Public Nuisance

ORDINANCE 34
PUBLIC NUISANCE ORDINANCE

Section 1: Title / Purpose
This ordinance is entitled the “Town of Germantown Public Nuisance Ordinance”. The purpose of this ordinance is as follows:

Section 2: Authority
The Town Board of the Town of Germantown has the specific authority, powers and duties, pursuant to Sec, 66 (1998-1998) Wis. Stats., and Chapters 60, 61, 62, 66 and 823, Wis. State Stats., and pursuant to the specific statutory sections noted in this ordinance and/or by its adoption of village powers under Sec. 60.10, (1988-1989) Wis. Stats., to regulate, control, prevent and enforce against in the Town of Germantown certain uses, activities, businesses and operations by persons that may cause a public nuisance in the Town of Germantown.

Section 3: Purpose
The purpose of this ordinance is to promote and protect the peace, health, safety, property and general welfare of the Town; to protect and preserve property values; to abate and prevent blighted areas; and to recognize the private and public benefits resulting from the safe maintenance of buildings and vacant areas.

Section 4:  General Provisions

4.1 Public Health Nuisance
No person shall cause, allow or permit any person to create any public nuisance areas on owned, leased, or controlled by that person in the Town of Germantown. The following are specifically declared by the Town Board of the Town of Germantown to be public health nuisances. This declaration should not be construed to exclude other public nuisances affecting public health in the Town of Germantown.

  1. breeding places for vermin, etc.; Accumulation of decayed animal or vegetable matter, garbage, refuse, rubbish, rotting lumber, bedding, packing materials, scrap metal or any materials whatsoever in which flies, mosquitoes, disease carrying insects, rats or other vermin may breed.
  2. an unburied animal carcass area where a dead animal or dead animals are not buried in a sanitary manner within 24 hours of death.
  3. stagnant water area where mosquitoes, flies and other insects can breed.
  4. noxious odors, etc.: Any use of property, substances or things within the Town  emitting or causing any foul, offensive noisome, nauseous, noxious or dis-agreeable odors, gases, effluvia or stenches extremely repulsive to ordinary persons, or which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the Town of Germantown.
  5. a well pollution area where pollution from the premises entering the ground water is a cause of a private or public drinking water well on another property to become of lesser quality.
  6. a surface water pollution area where pollution from the premises entering the surface water is a cause of private or public drinking water well on another property or any river, stream, lake, ditch, canal, or other body of water to become of a lesser quality.
  7. an air pollution area where emissions of smoke, soot, fumes, gases, ash, dust or other pollutants into the atmosphere repulsive to the senses of ordinary persons are allowed to continue to the annoyance or discomfort of persons or are allowed to cause injury to persons or property in the Town of Germantown.
  8. a human burial area where a human body or bodies are buried in the Town of Germantown outside of an established cemetery.
  9. an unwholesome food area where harmful, contaminated or polluted food or drink is sold or served on the premises to persons in the Town of Germantown.
  10. a dangerous building area where the building, structure, place or the electrical, heat or water supply is in a condition and location to cause a menace or danger to the public health of persons in the Town of Germantown.
  11. an improper sewage area where the effluent from the sewer, septic tank, holding tank or cesspool on the premises is in a condition and location to cause a menace or danger to public health of persons in the Town of Germantown.
  12. a noxious material discharge area where the discharge, disposal, storage or treatment of noxious, filthy, decaying or nauseous materials repulsive to the senses of ordinary persons are allowed to continue to the substantial annoyance or substantial discomfort of persons or are allowed to cause injury to persons or property in the Town of Germantown.

 4.2  Public Safety Nuisance
No person shall cause, allow or permit any person to create any public nuisance area on the premises owned, leased or controlled by that person in the Town of Germantown. The following are specifically declared by the Town Board of the Town of Germantown to be public nuisances. The declaration should not be construed to exclude other public nuisances affecting public safety in the Town of Germantown.

  1. an abandoned or wrecked motor vehicle area where motor vehicles, tractors, house trailers, railroad cars and/or other motorized vehicles and abandoned or unused refrigerators or other containers with airtight doors from which the doors or covers have not been removed which are allowed to accumulate without a proper junkyard permit issued by the Town of Germantown except as allowed under Ordinance 22, Sec. 2.05 of the Town of Germantown Zoning Ordinance.
  2. a dilapidated building area where old or dilapidated buildings, structures and equipment are allowed to stand while they are dangerous, unsafe, unsanitary, uninhabitable, unfit for the use to which originally intended or adopted or otherwise unfit for human use and occupancy.
  3. a dangerous tree area where trees and limbs are in a condition and location to cause a menace or danger to public safety to persons in the Town of Germantown.
  4. a loud noise area where loud sounds of motor vehicles, animals or music, including ordinary persons are allowed to continue to the annoyance or discomfort of persons or injury to person or property in the Town of Germantown.
  5. an obstruction area where structures, hedges, trees, weeds, signs, billboards,buildings, or equipment are installed or maintained near a public highway, road, street, alley, or railroad crossing and due to the condition and location block a clean view of traffic including but not limited to state standards at intersections that cause a menace or danger to public safety or persons in the Town of Germantown
  6. violations of state laws relating to the storage of flammable liquids.

4.3      Property Value Nuisance
No person in the Town of Germantown shall cause, allow or permit any person to maintain a nuisance on premises owned, leased or controlled by that person where the nuisance causes substantial diminution of the value of properties of others in the neighborhood wherein which the premises is located..

4.4      Public Hazard Nuisance
To prevent a public nuisance, no person in the Town of Germantown shall cause, allow or permit any person to allow the premises owned, leased or controlled by that person to become dangerous, unsafe, unsanitary, foul, a fire menace or public hazard by:

  1.  allowing illegal, offensive or unsafe vegetation to grow on the premises.
  2. allowing trash, debris, old lumber, furniture, freezers, stoves, refrigerators, tires, or waste to accumulate in unsheltered areas on the premises
  3. allowing combustibles rubbish, paper, oily rags, petroleum products or other highly flammable materials to be improperly secured and or improperly stored in or around any building on the premises
  4. allowing domestic animals (dangerous or otherwise) to run at large or on the premises wherein they can access property of another to the annoyance or discomfort of persons or are allowed to cause injury to persons or property in the Town of Germantown
  5. any dwelling within the Town of Germantown which is in a general condition of disrepair or deterioration showing the structure has not been maintained for a substantial period of time shall be deemed a Property Value Nuisance.

 4.5 Highway Noise Nuisance
No person shall cause, allow or permit any person to operate any motor vehicle in the Town of Germantown where the sound level from the operation of the motor vehicle is a noise disturbance or a noise nuisance created at or by the motor vehicle included but not limited to creating sounds in excess of 80 decibels at 100 feet.

4.6   Waste Disposal Nuisance
The Town of Germantown prohibits, any person from intentionally discharging or depositing any solid waste, hazardous waste, recyclable materials or any other waste materials on or along any sidewalk, roadway, street, alley or highway in the Town of Germantown, in the water in the Town of Germantown, on the ice of any water in the          Town of Germantown or on any public or private property in the Town of Germantown

4.7   Blighted Premises
No person shall cause, allow or permit any person to create or maintain on the premises owned, leased or controlled by the person in the Town of Germantown any structure, mobile home, improvement or premises which is a menace to public health, safety, morals or welfare in its present condition or which endangers life and/or property by threat of fire or other hazards is hereby declared a public nuisance including:

  1. Illegal buildings – All buildings erected, repaired or altered in violation of German- town ordinances or state law.
  2. Dilapidated structures – All buildings or structures old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human use or occupancy or that the building offends the aesthetic character of the immediate neighborhood or produces blight or deterioration.
  3. Every foundation, wall, roof, window and every other entrance to a structure which is not maintained to prevent the entrance and harborage of rats, mice or other vermin.
  4. Abandoned, untitled or unlicensed mobile homes, recreational vehicles, travel trailers unfit for human use or occupancy.

Section 5  Penalty/Abatement

5.1        Right to Inspect
 The Town or its designee shall have the authority to enter upon any public or private premises and dwelling unit located within the Town, at reasonable hours, upon notice, for the purpose of inspecting to determine whether a violation of this ordinance exists.  Where entry is denied, the Town will obtain a special inspection warrant as provided by law.

5.2       Notice to Owner
If a public nuisance exists, notice shall be given to the person causing, permitting or maintaining such nuisance or upon the owner or occupant of the premises by regular mail.  The notice shall direct them to abate or remove such nuisance within a time specified and unless such nuisance is abated, the Town will cause the same to be abated and charge the cost thereof to the owner, occupant and person causing or allowing the nuisance, as the case may be.  However, in the case of immediate danger to the public health, safety or peace, the Town’s designee having a duty to enforce shall act immediately hereunder.

5.3       Abatement by Town
If the nuisance is not abated within the time provide or if the owner, occupant or person causing the nuisance cannot be found, the Town’s designee have the duty of enforcement shall cause the abatement or removal of such nuisance

5.4       Abatement by Court Action
If the public nuisance exists on private premises but the nature of such nuisance is not such as to threaten great and immediate danger to public health, safety or peace, then a court action to abate such nuisance may be commenced as provided in the Wisconsin Statutes.

5.5       Other Methods Not Excluded
Nothing in this ordinance shall be construed as prohibiting or limiting the abatement of public nuisances or other objectionable conditions by the Town of Germantown in accordance with the laws of the state.

5.6       Cost of Abatement
In addition to any other penalty imposed herein for the creation, continuation or maintenance of a public nuisance, the cost of abating a public nuisance shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such costs may be imposed as a special charge against real property for services rendered to the property served and become a lien against the property which it is imposed .  The delinquent special charge shall be included in the current or next tax roll for collection and settlement under Chapter 74.

5.7       Penalty
Any person who shall violate any provision of this Ordinance shall be subject to a forfeiture as set in the Town of Germantown fee schedule.

Section 6   Severability
If any provision of this ordinance is invalid or unconstitutional, or if the application of this ordinance to any person or circumstance is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application.

Section 7   Effective Date
This ordinance shall take effect upon its passage and one day after publication as provided by law.

ADOPTED by the Town Board of the Town of Germantown, Juneau County, Wisconsin, this 11th day of July 2000.

APPROVED: Town Chairman Wayne Potter, Supervisor Robert Brainerd, Supervisor – Rosetta Boyle, Supervisor Wilmer (Bud) Kass, Supervisor – Richard Mazzoni
ATTEST: Marion L. Uphoff

 

Amended this 14th day of April, 2009

APPROVED: Chairman – William Jax, Supervisor – Rosetta Boyle, Supervisor – Steve Gillespie, Supervisor – Michael Poe, Supervisor – David Specht
ATTEST: Clerk/Treasurer – Betty Manson

 

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST: 
Susan Ganther, Town Clerk/Treasurer

35. Town Road Damage

ORDINANCE #35

TOWN OF GERMANTOWN

TOWN ROAD DAMAGE ORDINANCE

The intent of this Ordinance is to regulate any vehicle, trailer, equipment or machinery which may be propelled, moved on, along and/or across town roads in a manner which causes damage to the roadway.

The Town Board of the Town of Germantown, Wisconsin, does ordain as follows:

SECTION I   STATE STATUTES ON TOWN ROADS AND HIGHWAYS ADOPTED
Except as otherwise specified in this ordinance, the statutory provision in Chapter 81 of the Wisconsin Statutes, plus the administrative rules and regulations adopted by the Secretary of the Wisconsin Department of Transportation and published in the Wisconsin Administrative Code, describing and defining regulations with respect to town highway use, exclusive of any regulations for which the statutory penalty is a fine or imprisonment are hereby adopted and by reference made a part of this ordinance as set forth herein.

SECTION II   DISORDERLY CONDUCT ON A TOWN ROAD
No personal shall operate a vehicle, trailer, item of machinery, or equipment, exceeding 1,500 lbs. in weight, which is not supported or moved on rubber covered wheels, across any hard surface portion of a town road including unloading onto, moving onto, over or across any such road, unless the portion of the road to be traversed has been covered by protective material which will prevent damage to the road, nor shall any person operate such equipment in a manner to cause the tires to spin and displace pavement, sand or gravel, from the roadway, gouge into the road surface, crack, break off or rut the road surface.

SECTION III    PENALTIES
The owner of any such equipment as described in Section II above or any person who propels or causes such equipment to be moved along, upon or across a town highway, shall be in violation of this ordinance, and shall be subjected to a fine as set in the Town of Germantown fee schedule.

In addition, the owner of any equipment described in this ordinance, or any person who propels or causes such equipment to be moved along, upon or across a town highway, shall be liable for all damages that may be caused thereby to such highway, should, culvert, or bridge thereon.

SECTION IV    ENFORCEMENT
This ordinance shall be enforced in accordance with applicable provisions of the Wisconsin Statutes and this ordinance.

SECTION V   EFFECTIVE DATE
This ordinance shall be in full force and effect on the date of its passage and publication.

Adopted by the Board of Supervisors of the Town of Germantown this 26th day of July, 2000.

 

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST: Susan Ganther, Town Clerk/Treasurer

36. Prohibiting Nude Dancing

ORDINANCE #36

TOWN OF GERMANTOWN

AN ORDINANCE PROHIBITING LIVE, TOTALLY NUDE, NON-OBSCENE, EROTIC DANCING IN ESTABLISHMENTS LICENSED TO SELL ALCOHOL BEVERAGES AND CREATING AN EXCEPTION FROM SUCH PROHIBITION FOR THEATERS, CIVIC CENTERS, PERFORMING ARTS CENTERS, AND DINNER THEATERS WHERE LIVE DANCE, BALLET, MUSIC OR DRAMATIC PERFORMACES OF SERIOUS ARTISTIC MERIT ARE OFFERED ON A REGULAR BASIS.

WHEREAS, the Town Board of the Town of Germantown has explicit authority under sec 125.10(1), Stats., to adopt regulations governing the sale of alcohol beverages which are in addition to those set forth in ch. 125, Stats., and

WHEREAS, the Town Board has authority under its general police powers set forth in sec. 60.10(2)(c) and 6022(3), Stats., to act for the good order of the municipality and for the health, safety, and welfare of the public; and may carry out its powers by regulation and suppression; and

WHEREAS, the Town Board recognizes it lacks authority to regulate obscenity in light of sec. 66.051(3), Stats., and does not intend by adopting this ordinance to regulate obscenity, since nudity in and of itself is not obscene, it declares its intent to enact an ordinance addressing the secondary effects of live, totally nude, non-obscene, erotic dancing in bars and taverns; and

WHEREAS, bars and taverns featuring live, totally nude, non-obscene, erotic dancing have in other communities tended to further the increase of criminal and other offensive activity, to disrupt the peace and order of the communities, to depreciate the value of real property, to harm the economic welfare of the communities and to negatively affect the quality of life of the communities, and such secondary effects are detrimental to the public health, safety and general welfare of citizens; and

WHEREAS, the Town Board recognizes the US Supreme Court has held that nude dancing is expressive conduct within the outer perimeters of the First Amendment to the United States Constitution and therefore entitled to some limited protection under the First Amendment, and the governing body further recognizes that freedom of speech is among our most precious and highly protected rights, and wishes to act consistently with full protection of those rights; and

WHEREAS, however, the governing body is aware, based on the experiences of other communities, that bar and taverns in which live, totally nude, non-obscene, erotic dancing occurs may and do generate secondary effects which the governing body believes are detrimental to the public health, safety and welfare of the citizens of the Town of Germantown; and

WHEREAS, among these secondary effects are: (a) the potential increase in prostitution and other sex-related offenses, as well as other crimes and offenses, (b) the potential depreciation of property values in neighborhoods where bars and taverns featuring nude dancing exist, (c) health risks associated with the spread of sexually transmitted diseases, and (d) the potential for infiltration by organized crime for the purpose of unlawful conduct; and

WHEREAS, the governing body desires to minimize, prevent and control these adverse effects and thereby protect the health, safety and general welfare of the citizens of the Town of Germantown; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight; and

Whereas, the governing body has determined that enactment of an ordinance prohibiting live, totally nude, non-obscene erotic dancing in bars and taverns licensed to serve alcohol beverages promotes the goal of minimizing, preventing and controlling the negative secondary effects associated with such activity.

NOW, THEREFORE, The Town Board of the Town of Germantown does ordain as follows:

SECTION I   NUDE DANCING IN LICDENSED ESTAB LISHMENTS REGULATED
It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the licensee to permit any person, employee, entertainer or patron to perform or engage in any live act, live demonstration, live dance or live exhibition on the premises of a licensed establishment which:

  • Show his or her genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering; or
  • Shows a portion of the female breast below a point immediately above the top of the areola; or
  • Shows the covered male genitals in a discernibly turgid state.

SECTION II   EXEMPTIONS
The provisions of this ordinance do not apply to the following licensed establishments: theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music or dramatic performances of a serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers entertainment which is intended to provide sexual stimulation or sexual gratification to such customers.  Similarly, the provision of this ordinance do not apply to an establishment that is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.

SECTION III   DEFINITIONS
For purposes of this ordinance, the term “licensed establishment” means any establishment by the Town Board of the Town of Germantown to sell alcohol beverages pursuant to ch. 125, Stats. The Term “licensee” means the holder of a retail “Class A”, “Class B”, Class “B”, Class “A”, or “Class C” license granted by the Town Board of the Town of Germantown pursuant to Ch. 125, Stats.

SECTION IV   PENALTIES
Any person, partnership, or corporation who violates any of the provisions of this ordinance shall be subject to a forfeiture as set in the Town of Germantown fee schedule.  A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues.  In addition, violation of this ordinance constitutes sufficient grounds for suspending, revoking or non-renewing an alcohol beverage license under sec. 125.12, Stats.

SECTION V   SEVERABILITY
If any section of this ordinance is found to be unconstitutional or otherwise invalid, the validity of the remaining sections shall not be affected.

SECTION VI   EFFECTIVE DATE
This Ordinance shall take effect upon passage and publications as required by law.

Signed and Dated August 8, 2000

 

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST: Susan Ganther, Town Clerk/Treasurer

37. Prohibiting Holding Tanks

ORDINANCE #37

TOWN OF GERMANTOWN

AN ORDINANCE PROHIBITING THE USE OF HOLDING TANKS IN THE TOWN OF GERMANTOWN

The Town Board of the Town of Germantown, Juneau County, Wisconsin, in order to provide for the public health and sanitation in the town of Germantown, Juneau County, Wisconsin, does ordain as follows:

SECTION I
It shall be unlawful for any holding tank for the disposal of sewerage to be installed in the Town of Germantown, and no permits shall be issued for the installation of a holding tank in connection with a sanitary sewerage disposal system in the Town of Germantown.

SECTION II
Any appeal for a variance must be directed to the Town Board in writing and will only be granted after public hearing to avoid extreme injustice.

SECTION III
Any person, firm or corporation violating the terms and provisions of this Ordinance shall be subject to a forfeiture as set in the Town of Germantown fee schedule.

Introduced and adopted this 13th day of November, 2001.

 

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST: 
Susan Ganther, Town Clerk/Treasurer

39. Impact Fees

ORDINANCE #39

TOWN OF GERMANTOWN

AN ORDINANCE ESTABLISHING IMPACT FEES

The Town Board of the Town of Germantown, Juneau County, Wisconsin, does ordain as follows:

SECTION I            PURPOSE AND INTENT
This Ordinance is enacted to establish the mechanism for imposing impact fees upon new major subdivisions including all planned unit developments (PUD) to finance the capital costs of acquiring, establishing, upgrading, expanding, and constructing public facilities that are necessary to accommodate such development.  This Ordinance is intended to insure that a new major subdivision (and PUD) bears an appropriate share of the cost of capital expenditures necessary to provide such public facilities within the Town of Germantown, as they are required to serve the needs arising out of a major subdivision.  By adopting this Ordinance, the Town of Germantown is not intending to limit its authority to finance public facilities by any other means authorized by law.

SECTION II           PUBLIC FACILITIES NEEDS ASSESSMENT
The Town of Germantown has approved a 2003 Needs Assessment of the public facilities for which impact fees may be imposed, including the standards to be applied setting impact fees.

SECTION III         DEFINITIONS
The definitions set forth in s.s. 66.0617, Wis. Stats., and any amendments thereto, are hereby incorporated and made part of this Ordinance as if fully set forth herein.  In addition, this Ordinance shall use the definitions contained in all other Town Ordinances.  In addition,

  1. “Residential equivalent unit (REU)” means a unit of measure for impact fees equivalent to one residential dwelling unit. For residential uses, the REU is the number of dwelling units allowed by the major subdivisions or PUD, including all commercial indoor lodging units.

SECTION IV         ESTABLISHMENT OF IMPACT FEES
The Town Board shall adopt by resolution and may, from time to time, amend a schedule of fees to implement this Ordinance, a copy of which shall be maintained at all times for public inspection in the office of the Town Clerk.

SECTION V          EXEMPTIONS
The following situations shall be exempt from payment of the impact fees:

  1. The replacement of a building or structure with a new building or structure of the same size and use where no additional dwelling units are added;
  2. Additions onto existing buildings or structures, accessory buildings to an existing dwelling;
  3. Demolition of residential units or non-residential building square footage without replacement does not prompt refund of previously paid impact fees;

SECTION VI         REQUIREMENTS FOR IMPACT FEE REVENUES

  1. Revenues from impact fees shall be placed in a segregated, interest bearing account and shall be accounted for separately from the other funds of the political subdivision. Impact fee revenues and interest earned on impact fee revenues may be expended only for capital costs for which the impact fees were imposed.  These costs may include the cost of debt service when the debt has been incurred for the purpose of proceeding with designated public facilities projects prior to the collection of all anticipated impact fees for that project, to reimburse the Town for advances of other funds or reserves, and such other uses consistent with this Ordinance and state law which are approved by the Town Board.
  2. The Town determines that the following lengths of time are reasonable for the planning, financing, acquisition and construction of the public facilities listed below:
  1. Road improvement facilities:  20 years
  2. Town facilities: 20 years
  3. Recreational improvement facilities: 20 years
  4. Fire protection/law enforcement/ambulance facilities: 20 years

Impact fees held by the Town under this Ordinance and not used within the time period specified herein shall be refunded to the persons who, at the expiration of such time, are the owners of record of the property upon which the impact fees were imposed.

SECTION VII        PAYMENT OF IMPACT FEES
All required impact fees shall be paid in full by the developer when the lot is sold and before issuance of a building permit by the Town for each REU including, but not limited to, a condominium.  Impact fee rates that are in effect at the time of approval of the zoning specific implementation plan (SIP), shall apply.  Impact fee payments shall be the responsibility of the developer of the PUD, but shall continue as the joint and several responsibility of the developer of the PUD and the owner of record at the time of building permit application.

SECTION VIII      APPEALS

  1. No appeal may be commenced pursuant to this Section if any applicable impact fee is delinquent. No impact fee payment obligation shall be suspended during the pendency of any appeal filed pursuant to this Section.
  2. Payment of an impact fee imposed under this Ordinance as a condition of a building permit may be contested to the Town Board as to the amount, collection or use of the impact fee, provided that the applicant files a written Notice of Appeal with the Town Clerk’s office within 30 days of the date payment of the fee was due.
  3. The Notice of Appeal shall state the applicant’s name, address, telephone number, address (if available) and legal description of the land/condominium unit upon which the impact fee is imposed, and a statement of the nature of and reasons for the appeal. The Town Clerk shall schedule the appeal for consideration by the Town Board at a regular meeting as soon as reasonably can be done and shall notify the applicant of the time, date and place of such meeting, in writing, by regular mail, deposited in the mail no later than at least 3 days before the date of such meeting.  Upon review of such appeal, the Town Board may adjust the amount, collection or use of the impact fee upon just and reasonable cause shown.

SECTION IX         SEVERABILITY
If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct and independent provisions and such holding shall not affect the validity of the remaining portions thereof.

SECTION X           EFFECTIVE DATE
This Ordinance shall be in full force and effect on the date of its passage and publication.

Adopted by the Board of Supervisors of the Town of Germantown this 11th day of November, 2003.

39A. Amending Impact Fees

TOWN OF GERMANTOWN

ORDINANCE 39A

ORDINANCE AMENDING IMPACT FEE ORDINANCE 39

The Town Board of the Town of Germantown, Juneau County, Wisconsin do ordain as follows:

Ordinance 39, Section 6(b) is revoked and recreated as 6(b) and (c) to read as follows:

(b) Impact fees that are imposed and collected by Germantown but are not used within 7 years after they are collected to pay the capital costs for which they were imposed shall be refunded to the current owner of the property with respect to which the impact fees were imposed, along with any interest that had accumulated.

The Town determines that the following lengths of time are reasonable for the planning, financing, acquisition and construction of the public facilities listed below:

  1. Road improvement facilities: 7 years
  2. Town facilities: 7 years
  3. Recreational improvement facilities: 7 years
  4. Fire protection/law enforcement/ambulance facilities: 7 years

(c) The 7 year time limit for using impact fees as specified above may be extended for 3 years if the Town Board adopts a resolution stating that, due to extenuating circumstances or hardship in meeting the 7 year limit, it needs an additional 3 years to use impact fees that are collected. The resolution shall specify the extenuating circumstances or hardship that led to the need to adopt a resolution.

Ordinance 39, the first sentence of Section 7 is revoked and recreated to read as follows:

All required impact fees shall be payable by the developer or the property owner to the municipality in full within 14 days of the issuance of a building permit or within 14 days of the issuance of an occupancy permit.

In all other respects, the Ordinance remains in full force and effect.

Effective Date.
This ordinance Amendment shall be in full force and effect on the date of its passage and publication.

Adopted by the Board of Supervisors of the Town of Germantown this this 12th day of December, 2006.

40. Changes Town Clerk and Treasurer to Clerk-Treasurer

ORDINANCE #40

TOWN OF GERMANTOWN

ORDINANCE TO CHANGE THE ELECTIVE OFFICES OF TOWN CLERK AND TREASURER TO THE APPOINTIVE POSITION OF CLERK/TREASURER.

 

The Town Board of the Town of Germantown, Juneau County, Wisconsin, does ordain as follows:

That upon completion of the present term of office, the elective offices of Town Clerk and Town Treasurer shall be abolished and in their stead, these offices shall be combined into one position, that of an appointed Clerk/Treasurer.  The appointment shall be made by the Town Board and be effectively the day following the term expiration of the present incumbents.

A referendum shall be available to the electorate during the general election of November 5, 1996, for approval or disapproval.

The wording of the referendum ballot shall read:  “Shall the Town of Germantown, Juneau County, Wisconsin, abolish the elective offices of Town Clerk and Town Treasurer and combine those offices into the appointive position of Clerk/Treasurer?”

If electors fail to approve the referendum provided for by this ordinance, the ordinance shall become dull and void the day on which that failure is determined.

This ordinance shall be in full force and effect following its passage and one day after publishing, followed by approval by the electorate at the general election, November 5, 1996.

Published this 29th day of October, 1996.

41. Regulating Slow Wake Area

ORDINANCE #41

TOWN OF GERMANTOWN

AN ORDINANCE REGULATING SLOW WAKE AREA

The own Board of the Town of Germantown, Juneau County, Wisconsin, does hereby ordain as follows:

SECTION I            AUTHORITY
This Ordinance is passed pursuant to s.s. 30.77, Wisconsin Stats., and the police powers granted to all Wisconsin municipalities.

SECTION II           PURPOSE
The purpose of this Ordinance is to promote and protect the peace, health, safety and general welfare of the general public for the enjoyment of aquatic recreation, preservation of shoreline, and the protection of wildlife and natural resources.

This Ordinance identifies a new controlled area and reaffirms areas previously identified in Ordinance #14 (Buckhorn State Park Swim Area and Boat Ramp); #28 (Little Yellow River); #32 (Entrance to Castle Rock Gardens Canal).

SECTION III         DEFINITIONS

  1. “Slow-no-wake” means that speed at which a boat moves as slowly as possible while still maintaining steerage control.

SECTION IV         CONTROLLED AREA
No person shall operate a boat faster than a slow-no-wake speed In the waters of Castle Rock Lake described as follows:

  1. That part of Castle Rock Lake lying north of the Buckhorn “G” road causeway and bridge; and south of the easterly extension of the 32nd Street, which is also the north line of sections 16 and 17. This whole controlled area lying in Section 16 and 17, T17N-R4E, Town of Germantown.
  2. The Buckhorn State Park swimming area shaped as a semi-circle out in the water with a 300 foot shoreline and a semi-circle pattern around the existing boat ramp at which the buoys shall be 150 feet from the center of the ramp at the normal water line, all located in the NE ¼ of Section 21, T17N-R4E designated by buoys meeting the standards, of NR 5.09 Wi. Adm. Code. The DNR shall be responsible for the acquisition, placement and maintenance of these buoys.
  3. The Little Yellow River from its entry into Castle Rock Lake extending to the following line: Commencing at a line which connects 15th Avenue on either side of the Little Yellow River, thus easterly three-quarters mile or 3,960 feet to the east line of the SW ¼ NE ¼ and the NE N ¼ SE ¼ of Section 20, T17N-R4E, which area shall be visually defined by “slow-no-wake” buoys placed approximately mid-stream.
  4. The bay which is the entrance to Castle Rock Gardens Canal between Castle Rock Condominiums and the Boy Scout Camp located in the S ½ SE ¼ of Section 35, T17N-R4E.

SECTION V          POSTING REQUIREMENTS
The Town of Germantown shall place and maintain notice of these no-wake zones, as required under s.s. 30.77, Stats.

SECTION VI         PENALTIES
The penalties as prescribed in s.s. 30.80, as amended from time to time, are adopted by reference.

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

SECTION VIII      EFFECTIVE DATE
This Ordinance shall become effective upon its compliance with s.s. 30.77, Stats., enactment and publication.

Adopted by the Town Board of the Town of Germantown, Juneau County, Wisconsin, this 9th day of October, 2007.

42. Adopt a Comprehensive Plan

ORDINANCE #42

TOWN OF GERMANTOWN

66.1001 (4) AN ORDIANCE TO ADOPT A COMPREHENSIVE PLAN

SECTION I            TITLE/PURPOSE
The title of this ordinance is the Town of Germantown Comprehensive Plan Ordinance.  The purpose of this ordinance is for the Town of Germantown to lawfully adopt a comprehensive plan a required under s. 66-1001 (4) (c), Wisconsin Statutes.

SECTION II           AUTHORITY
The town board of the Town of Germantown has authority under s. 62.04, Wis. Stats., its power to appoint a plan commission under State Statutes 62.23(1), Wis. Stats., and under s. 66.1001 (4), Wis. Stats., to adopt this ordinance.  The comprehensive plan of the Town of Germantown must be in compliance with s. 661001(4)(c), Wis. Stats., in order for the Town Board to adopt this ordinance.

SECTION III         ADOPTION OF ORDINANCE
The Town Board of the Town of Germantown, by this ordinance, adopted on proper notice with a quorum and roll call vote by a majority of the town board present and voting, provides the authority for the Town of Germantown to adopt its comprehensive plan under Statute 66.1001(4), Wis. Stats., and provides the authority for the Town Board to order its publication.

SECTION IV         PUBLIC PARTICIPATION
The town board of the Town of Germantown has adopted written procedures designed to foster public participation in every stage of the preparation of a comprehensive plan as required by s. 66.1001 (4)(a), Wis. Stats.

SECTION V          TOWN PLAN COMMISSION RECOMMENDATION
The Plan Commission of the Town of Germantown, by a majority vote of the entire commission, recorded in its official minutes, has adopted a resolution recommending to the town board the adoption of the Town of Germantown Comprehensive Plan, which contains all of the elements specified in s. 66.1001(2), Wis. Stats.

SECTION VI         PUBLIC HEARING
The Town of Germantown, has held at least one public hearing on this ordinance, with notice in compliance with the requirements of Statute 66.1001 (4)(d), Wis. Stats.

SECTION VII        ADOPTION OF TOWN COMPREHENSIVE PLAN
The town board of the Town of Germantown, by the enactment of this ordinance, formally adopts the document entitled Town of Germantown Comprehensive Plan Ordinance under pursuant to s. 66.1001 (4)(c), Wis. Stats.

SECTION VIII      SEVERABILITY
If any provision of this ordinance of its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision of application, and to this end, the provisions of this ordinance are severable.

SECTION IX         EFFECTIVE DATE
This ordinance is effective on publication or posting.

The town clerk shall properly post or publish this ordinance as required under Statute 60.80, Wis. Stats.

Adopted this 12th day of August, 2008

43. ATV Ordinance

TOWN OF GERMANTOWN

JUNEAU COUNTY, WISCONSIN

ORDINANCE NO. 43

  1. Purpose: This Chapter establishes all-terrain vehicle trails and routes within the boundaries of the Town of Germantown, regulates the operation of all-terrain vehicle use and the flow of all-terrain vehicle traffic, and mandates the designation of these routes an trails with the use of proper signage.
  2. Authority: This Chapter is adopted pursuant to the authority granted by Wis. Stat. 23.33, Wis. Stats., and 64.12 of the Department of Natural Resources Administrative Code.
  3. Statutory Compliance: In addition to the provisions set forth in the above listed statutes and administrative codes, the operator of an all-terrain vehicle in the Town shall comply with and shall be subject to the statutory sections set forth in Section 346.02(11) of Wisconsin Statutes.
  4. Definitions: The definition found in Wis. Stat. 23.33(1) are hereinafter incorporated by reference.
  5. Regulation:
    1. General operations:
      1. On all-terrain vehicle routes, operators must only travel on the extreme right side of a roadway.
      2. Operators must always yield the right of way according to State’s Rules of Road.
      3. Operators must always travel in a single file fashion.
      4. Operators must possess a valid driver’s license.
    2. Seasonal restrictions:
      1. Operators shall be prohibited from traveling on all-terrain vehicle routes during the nine day gun season.
    3. Hours of operation:
      1. No one under the age of 18 shall operate and all-terrain vehicle after 9:00p.m. unless accompanied by a parent or legal guardian.
    4. Speed: Operators shall observe and follow all posted roadway speed limit signs except:
      1. Operators shall slow the vehicle to 10 m.p.h. or less when operating within 150 ft. of a dwelling or 100 feet of a pedestrian or bicyclist.
      2. Operators shall not exceed a speed of 35 m.p.h.
    5. Private property:  No one shall operate an all-terrain vehicle on any private property not owned or controlled by the operator without the express permission of the property owner.
    6. Lamps:  Operators shall at all times display a lighted head lamp and tail lamp while operating an all-terrain vehicle.
    7. Unattended all-terrain vehicles prohibited:  No person shall leave or allow an all-terrain vehicle owned or operated by him to remain unattended on any public property while the motor is running or with the starting key left in  the ignition.
  6. Permitted routes and trails: No person shall operate an all-terrain vehicle upon any public   highway, park, or any other public property in the town except as hereinafter designated:
    1. Routes:
      All Town roads within the Town of Germantown are designated for use as All-Terrain Vehicle (ATV) routes.
    2. Trails: none
  7. Conditions of designation of routes and trails.
    1. All-terrain vehicles routes and trails cannot be utilized until after the town board performs the following acts:
      1. Submits a copy of this ordinance and the designated routes and trails to the Department of Natural Resources and to the Juneau County Sheriff’s department.
    2. The permitted routes and trails shall be placed upon a town map designated as the official Town of Germantown All-Terrain Vehicle Route and Trial Map, which shall be made available for public inspection at the Town Hall.
    3. Designated routes are to be renewed on an monthly basis.
    4. The Town Board may revoke any or all portions of a town road as an ATV route upon receiving a complaints(s) regarding misuse or violation of Section 23.33, Wis. Stats. or NR 64 and the uniform Trail and Route signing Handbook. Any Town road, or portion thereof, that is discontinued as part of the ATV routes will be posted, by the Castle Rock Family ATV Club, Inc. with signs reading NO ATV PERMITTED.
  8. Penalties: The penalties enumerated in 23.33(13) are hereinafter incorporated by reference.
    • (a) Generally: Except as  provided in pars. (am) to (e), any person who violates this section shall forfeit a fee as set in the Town of Germantown fee schedule.
      • (am) Penalty related to interference with signs and standards.
        Except as provided in par. (cg), a person who violates sub. (8) (f) and who, within the last 2 years prior to the arrest for the current violation, was 2 or more times previously convicted for violating a provision of this chapter shall forfeit a fee as set in the Town of Germantown fee schedule.
      • (ar)Penalty related to nonresident trail passes. Any person who violates sub (2) shall forfeit a fee as set in the Town of Germantown fee schedule.
    • (b) Penalties related to intoxicated operation of an all-terrain vehicle.
      1. Except as provided under subs. 2. and 3., a person who violates sub (4c) (a) 1., 2., or 2m. or (4p) (e) shall forfeit a fee as set in the Town of Germantown fee schedule.
      2. Except as provided under sub. 3, a person who violates sub. (4c)  (a) 1., 2., or 2.m or (4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted previously under the intoxicated operation of an all-terrain vehicle law shall be fined a fee as set in the Town of Germantown fee schedule, and shall be imprisoned not less than 5 days nor more than 6 months.
      3. A person who violates sub (4c) (a) 1., 2., 2m., or (4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated operation of an all-terrain vehicle or refusal law shall be a fee as set in the Town of Germantown fee schedule and shall be imprisoned not less than 30 days nor more than one year in the county jail.
      4. A person who violates sub. (4c) (a) 3. or (4p) (e) and who has not attained the age of 19 shall forfeit a fee as set in the Town of Germantown fee schedule.
    • (br) Penalties related to intoxicated operation of all-terrain vehicle; enhancers:
      1. If a person convicted under sub. (4c) (a) 1. 2. had an alcohol concentration of 0.17 to o.199 at the time of the offense, the minimum and maximum fines specified under par. (b) 3. for the conviction are doubled.
      2. If a person is convicted under sub (4c) (a) 1. or 2. had an alcohol concentration of 0.20 to .249 at the time of the offense, minimum and maximum fines specified under par (b) 3. for conviction are tripled.
      3. If a person convicted under sub. (4c) (a) 1. or 2. had an alcohol concentration of 0.25 or above at the time of the offense, the minimum and maximum fines under par. (b)3. for the conviction are quadrupled.
      4. The increase fines in this paragraph do not apply if  the person is convicted under sub (4c) (a) 1. or 2. is subject to par. (bg).
    • (c) Penalties related to causing injury; intoxicants.  A person who violates sub. (4c) (b)
      shall be fined a fee as set in the Town of Germantown fee schedule and may be imprisoned not less than 30 days nor more than a year in the county jail.
    • (cg) Penalties related to causing death or injury; interference with signs and standards.
      A person who violates sub. (8) (f) 1.is guilty of a Class H Felony if the violation causes the death or injury, as defined in S. 30.67 (3)(b), of another person.
    • (cm)Sentence of detention. The legislature intends that courts use the sentencing
      option under s. 973.03 (4) whenever appropriate for persons subject to par. (b) 2. 3. or (c).  The use of this option can result in significant cost savings for the state and local governments.
    • (d) Calculation of previous convictions.   In determining the number of previous convictions under par. (b) 2. and 3, convictions arising out of the same incident or occurrence shall be counted as one previous conviction.
    • (dm) Reporting convictions to the department.  Whenever a person is convicted of a violation of the intoxicated operation of an all-terrain vehicle law, the clerk of the court in which the conviction occurred, or the justice, judge or magistrate for a court not having a clerk, shall forward the department records of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense.
    • (e) Alcohol, controlled substances or controlled substance analogs; assessment. In addition to any other penalty or order, a person who violates sub (4c) (a) or (b) or (4p) (e) or who violates sec 940.09 or 940.25 if the violation Involves the operation of an all-terrain vehicle, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for and examination of the person’s use pf alcohol, controlled substance or controlled analogs.  The assessment order shall comply with s. 343.30 (1q) (c ) 1. a. to c.  Intentional failure to comply with the assessment ordered under this paragraph constitutes contempt of court, punishable under chapter. 785.
    • (f) Restoration or replacement of signs and standards.  In addition to any other penalty, the court may order the defendant to restore or replace any uniform all-terrain route or trail sign or standard that the defendant removed, damaged, defaced, moved or obstructed.

Adopted by the Town Board of the Town of Germantown, Juneau County, Wisconsin, this 9th day of  September,  2008.

The Town Board of the Town of Germantown has approved changes to Section 6 and 7 of the ATV Ordinance #43 this 10th day of January, 2012

 

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST: Susan Ganther, Town Clerk/Treasurer

44. Adoption of WI Uniform Dwelling Code

TOWN OF GERMANTOWN

ORDINANCE #44

ADOPTION OF WISCONSIN UNIFORM DWELLING CODE

CONTENTS

1.1       Authority
1.2       Purpose
1.3       Scope
1.4       Adoption of Wisconsin Uniform Dwelling Code
1.5       Building Inspector
1.6       Building Permit Required
1.7       Building Permit Fees
1.8       Penalties
1.9       Effective Date

1.1       AUTHORITY.  These regulations are adopted under the authority granted by s. 101.65, Wisconsin Statutes.

1.2       PURPOSE.  The purpose of this ordinance is to promote the general health, safety and welfare and to maintain required local uniformity with the administrative and technical requirements of the Wisconsin Uniform Dwelling Code.

1.3       SCOPE.  The scope of this ordinance includes the construction and inspection of one and two family dwellings built since June 1, 1980.

Notwithstanding s. Comm 20.05. the scope also includes the construction and inspection of alternations and additions of one and two family dwellings built before June 1, 1980. Because such projects are not under state jurisdiction, petitions for variance and final appeals under ss. Comm 20.19 and 20.21, respectively, shall be decided by the municipal zoning Board of Appeals. Petitions for variance shall be decided per s. Comm 20.19 (Intro) so that equivalency is maintained to the intent of the rule being petitioned. As the zoning board of Appeals approves petitions for variances, the chief inspector is granted the power to apply the results to similar circumstances by precedent.

1.4       WISCONSIN UNIFORM DWELLING CODE ADOPTED.  The Wisconsin Uniform Dwelling Code, Chs. Comm 20-25 of the Wisconsin Administrative Code, and all amendments thereto, is adopted and incorporated by reference and shall apply to all buildings within the scope of this ordinance.

1.5       BUILDING INSPECTOR.  There is hereby created the position of building Inspector, who shall administer and enforce this ordinance and shall be certified by the Division of Safety & Buildings, as specified by Wisconsin Statutes, Section 101.66(2), in the category of Uniform Dwelling Code Construction Inspector. Additionally, this or other assistant inspectors shall possess the certification categories of UDC HVAC, UDC Electrical, and UDC Plumbing.

1.6       BUILDING PERMITS REQUIRED.  If a person alters or adds into a building in excess of 350 square feet in any twelve month period, or builds or installs a new building, within the scope of this ordinance, they shall first obtain a building permit for such work from the building inspector. Any structural changes or major changes to mechanical systems that involve extensions shall require permits if over the forgoing thresholds. Restoration or repair of an installation to its previous code-compliant condition as determined by the building inspector is exempted form permit requirements. Residing, re-roofing, finishing of interior surfaces and installations of cabinetry shall be exempted from permit requirements.

1.7       BUILDING PERMIT FEE.  The building permit fees shall be determined by resolution and can be seen in the Town of Germantown fee schedule, and will be forwarded to the Wisconsin Department of Commerce for UDC permit seal that shall be assigned to any new dwelling.

1.8       PENALTIES.  The enforcement of this section and all other laws and ordinances relating to building shall by means of the withholding of building permits, imposition for forfeitures and injunctive action. Forfeitures can be seen in the Town of Germantown fee schedule, and will be for each day of noncompliance.

1.9       EFFECTIVE DATE.  This ordinance shall be effective February 19, 2009 upon passage and publication as provide by law.

1.10     The building inspector(s) shall keep a log of all inspections completed.

Adopted this 11th day of February, 2009

 

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED:  Gregg Haunroth, Town Chairman
ATTEST: 
Susan Ganther, Town Clerk/Treasurer

45. Coverage in Chairperson's Absence

ORDINANCE #45

TOWN OF GERMANTOWN

AN ORDINANCE FOR COVERAGE IN CHAIRPERSONS ABSENCE

The Town Board of the Town of Germantown, Juneau County, Wisconsin, does ordain as follows:

SECTION I            PURPOSE AND INTENT
Section 60.24, Stats., sets forth the powers, duties and responsibilities of the Town Board Chairperson.  Amongst the duties include presiding over meetings of the Town Board and signing documents.  The Board can foresee circumstances in which it is necessary to have Town Board meetings and have documents signed, at a time when the Town Board Chairperson may be temporarily absent.  This Ordinance is intended to identify the person authorized to carry out these duties in the absence of the Town Board Chairperson.

SECTION II           AUTHORIZATION
The Town Board Chairperson is hereby authorized to identify another officer, under s.s. 60.24, Stats., to sign specific types of documents and to preside over Board meetings, in lieu of the Chairperson.  The Chairperson shall make such identification and designation by writing on file with the Town Clerk.

SECTION III         EXTENT OF AUTHORITY
The officer so designated by the Town Board Chairperson to act in his stead may only act when the Chairperson is unavailable due to illness, disability or absence as that condition is confirmed by the Town Chairperson and certified to by the Town Clerk.  Further, the action of the designee presiding over meetings of the Town Board shall be limited to previously scheduled meetings or emergency meetings in which the only actions to be taken, I the absence of the Chairperson, are those of which he has previously approved or those which would result in hardship to the Town or the parties involved if not acted on timely.  Further, the designee’s authority to sign documents in lieu of the Chairperson shall likewise be limited only to those documents that are that are necessary to be executed in the Chairperson’s absence to avoid hardship and not merely minor inconvenience to the Town or the persons affected which includes all Ordinances, Resolutions, Bylaws, Orders, Regulations, Commissions, licenses, permits, contracts or bonds previously or contemporaneously approved by the Town Board.

SECTION IV         DURATION
Designation of a temporary substitute by the Town Board Chairperson is intended to remain in effect until revoked by the Chairperson and which designation shall continue for the term of the Town Board Chairperson and the officer designated, whichever ends first.

SECTION V          SEVERABILITY
If any section, phrase, sentence or duty of the Town Chairperson, identified in this Ordinance, is for any reason held invalid or unconstitutional, such portion shall be deemed separate, distinct and independent and such holding shall not affect the validity of the remaining portions or duties thereof.

SECTION VI         EFFECTIVE DATE
This Ordinance shall be in full force and effect on the date of its passage and publication.

Adopted by the Board of Supervisors of the Town of Germantown this 22nd day of October, 2009.

46. Parking on Town Roads

ORDINANCE #46

TOWN OF GERMANTOWN

PARKING ON TOWN ROADS

The intent of this ordinance is to regulate any vehicle, trailer, equipment, or machinery which may be propelled, moved on or along, parked, stopped, or standing still on Town roads or Town parking lots.

The Town Board of the Town of Germantown, Wisconsin, does or ordain as follows:

SECTION I   TOWN REGULATION
Pursuant to Sec. 349.13 Wis. Stats., the authority to regulate the stopping standing, parking of vehicles within the Town of Germantown is delegated to the designated law enforcement officers of the Town, subject to the control of the Town Board and subject to the express regulations contained herein.  The law enforcement officer, with the cooperation of the Town Public Works Department, is hereby authorized to designate and sign streets, or portions thereof, where, in the opinion of the Town, the stopping, standing, or parking of vehicles should be regulated to promote and protect the safety, convenience, and efficient use of Town roads.  Any prohibition, limitation, or restriction on stopping, standing, or parking imposed by the Town is effective if an official traffic sign or marker or parking meter has been placed or erected at or reasonably near the regulated area, indicating the particular prohibition, limitation, or restriction.

SECTION II  OBEYANCE OF SIGNS
No person shall stop, leave standing, or park a vehicle on any Town road or parking lot or portion thereof contrary to any prohibition, limitation, or restriction imposed by a traffic sign, marker, or parking meter, which has been placed or erected by the Town at or reasonably near the regulated area.

SECTION III   HOW TO PARK
All vehicles shall be parked in accordance with Sec. 346.54 Wis. Stats., provided, however, vehicles shall be parked on Town roads or parking areas only if it complies with the method of parking identified in the signs or as designated by painted lines.

The law enforcement officer, in cooperation with the DPW, is hereby authorized to pain lines or markings on the road or parking lot surfaces for the purpose of designating parking spaces.  It shall be unlawful to park any vehicle unless within the area designated by such lines or markings.  It shall also be unlawful to park in a designated parking space any vehicle which cannot fit into one designated space, except when such vehicle is temporarily parking solely for the purpose of loading or unloading a boat or other freight to or from adjoining premises or boat ramp.

SECTION IV  BREAKDOWN
No person shall be in violation of this ordinance if, prior to the receipt of a citation, he telephones the Town Clerk and leaves a message stating that he cannot comply with this section because his vehicles is disabled and the location of the vehicle; provided the disabled vehicle is moved within 18 hours after receipt of such notification by the Clerk.

SECTION V  LIMITED TIME PARKING
No person shall stop, park, or leave a vehicle standing for longer than the period of time specified by any traffic sign, marker, or parking meter indicating the particular time limitation thereon.

SECTION VI  OWNER OF VEHICLE LIABLE
When any vehicle is found upon a street, road, or parking lot in violation of any provision of this ordinance regulating the stopping, standing, or parking of vehicles, and when the identity of the operator of such vehicle cannot be readily 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 deemed to have committed the violation for purposes of enforcement of this ordinance and shall be subject to the applicable forfeiture.

SECTION VII  REMOVAL OF ILLEGALLY PARKED VEHICLES
Any vehicle stopped, standing, or in violation of this ordinance may be towed and/or store pursuant to Sec. 349.13 Wis. Stats., by the Town or by a party at the direction of the Town.  Upon such towing, the Town shall mail or serve to the owner or operator of the vehicle, a citation for the ordinance violation committed by the vehicle.  Such mailing or service shall be accomplished within 24 hours of the towing.  With the citation, there shall be included a statement of the towing and storage charges, an explanation of how the vehicle can be obtained by payment of a deposit, and an explanation of the defendant’s rights to a prompt hearing to determine probable cause for the citation.

The towed or stored vehicle shall not be released to the operator or owner until a deposit has been paid to the Town, equal to the cost of towing and storage, or until the citation has been dismissed or until the Town elects to pursue another lawful remedy for the collection of the charges.  Such deposit shall be held by the Town pending disposition of the violation which caused the vehicle to be towed and/or stored.

SECTION VIII  ABANDONED VEHICLES
In addition to the requirements of Sec. 342.40, the following requirements apply:

  1. Presumption of Abandonment Whenever one of the following conditions exists, a vehicle shall be deemed to have been abandoned within the meaning of the section:
    1. Whenever any vehicle, whether operative or inoperative, has been parked in the same place on any road or parking lot for more than 72 hours;
    2. Whenever any vehicle has been moved and stored pursuant to this ordinance and the vehicle is not claimed and removed by the owner prior to the entry of a judgment on the ordinance violation which caused the towing and storage;
    3. In addition to the procedures set forth in Sec. 342.40 Wis. Stats. The Town may dispose of the vehicle by auction sale, conducted at a place designated by the Town.
    4. No vehicle shall be seized or towed by the Town on the sole grounds that the vehicle is abandoned, prior to adjudication of abandonment. Nothing herein shall limit or prevent the towing of a vehicle illegally parked, without prior notice or adjudication.

SECTION IX    PENALTIES
Except as otherwise provided by this ordinance or State Statute, the forfeiture for any parking violation shall be as hereinafter provided in addition to any costs associated with the prosecution thereof which are recovered or authorized by State Statute or Administrative Regulation, in the Town of Germantown fee schedule.

SECTION X   MULTIPLE VIOLATIONS
Each violation and each 24 hour time period that a violation continues or occurs, shall constitute a separate offense.  Prosecution of two or more offense committed by the same violator may be joined into one action, and the prosecution of two or more violators for the same offense may be joined into one action.

SECTION XI   EFFECTIVE DATE
This ordinance shall be in full force and effect on the date of its passage and publication.

Adopted this 11th day of May, 2010 by the Germantown Town Board.

 

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST: Susan Ganther, Town Clerk/Treasurer

47. Outdoor and Refuse Burning

Outdoor and Refuse Burning Ordinance for the Town of Germantown.

Ordinance No. 47

Section 1:  Purpose

1.00  Purpose. This ordinance is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the Town of Germantown, Juneau County, Wisconsin due to the air pollution and fire hazards of open burning, outdoor burning and refuse burning.

Section 2:  Applicability

2.00  Applicability.  This ordinance applies to all outdoor burning and refuse burning within the Town of Germantown.

            2.1.  This ordinance does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.

            2.2.  This ordinance does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation unless the material being burned includes refuse as defined in Section 4 of this ordinance.

            2.3.  This ordinance does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.

SECTION 3:   SEVERABILITY

3.00  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.

SECTION 4:  Definitions

4.00  Definitions.

            4.1.  “Campfire” means a small outdoor fire intended for recreation or cooking not including a fire intended for disposal of waste wood or refuse.

            4.2.  “Clean Wood” means natural wood which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.

            4.3.  “Confidential papers” means printed material containing personal identification or financial information that the owner wishes to destroy.

            4.4  “Fire Chief” means the Chief of the New Lisbon  or Necedah Volunteer Fire Departments or other person authorized by the Fire Chief

            4.5.  “Outdoor Burning” means open burning or burning in an outdoor wood-fired furnace.

            4.6.  “Open Burning” means kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney from an enclosed chimney.

            4.7.  “Outdoor Wood-fired Furnace” means a wood-fired furnace, stove or boiler that is not located within a building intended for habitation by humans or domestic animals.

            4.8.  “Refuse” means any waste material except clean wood.

Section 5: General Prohibition on open Burning, outdoor Burning and Refuse Burning

5.00  General prohibition on outdoor burning and refuse burning.   Open burning, outdoor burning and refuse burning are prohibited in the Town of Germantown unless the burning is specifically permitted by this ordinance.

SECTION 6:  MATERIALS THAT MAY NOT BE BURNED

6.00  Materials that may not be burned.  

            6.1  Unless a specific written approval has been obtained from the Department of Natural Resources (DNR), the following materials may not be burned in an open fire, incinerator, burn barrel, furnace, stove or any other indoor or outdoor incineration or heating device.

The Town of Germantown will not issue a permit for burning any of the following materials without air pollution control devices and a written copy of an approval by the Department of Natural Resources. 

            6.2.  Rubbish or garbage including but not limited to food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or other household or business wastes.

            6.3.   Waste oil or other oily wastes except used oil burned in a heating device for energy  recovery subject to the restrictions in Chapter NR 590, Wisconsin Administrative Code.

            6.4.   Asphalt and products containing asphalt.

            6.5.   Treated or painted wood including but not limited to plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.

            6.6.   Any plastic material including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, films and containers.

            6.7.   Rubber including tires and synthetic rubber-like products.

            6.8.   Newspaper, corrugated cardboard, container board, office paper and other materials  that must be recycled in accordance with the recycling ordinance except as provided in Section 11 of this ordinance.

SECTION 7:  Open bURNING of LEAVES, BRUSH, CLEAN wood AND OTHER VEGETATIVE DEBrIS

7.00  Burning leaves, brush, clean wood and other vegetative debris.

 Open burning of leaves, weeds, brush, stumps, clean wood other vegetative debris is prohibited within the Town of Germantown.

            7.1.  Outdoor campfires for cooking, ceremonies or recreation are allowed provided that the fire is confined by a control device or structure such as a barrel, fire ring, or fire pit.  .

SECTION 8:  Burn BARRELS

8.00  Burn barrels.

A burn barrel may be used in the Town of Germantown only in accordance with the following provisions:

            8.1.  The burn barrel shall not be used to burn any of the prohibited materials listed in Section 6 of this ordinance and may only be used in accordance with the provisions of Section 7 of this ordinance.

            8.2.  The burn barrel shall be located at least 250 feet from the nearest building that is not on the same property as the burn barrel.

            8.3.  The burn barrel shall have vent holes above the ash line for combustion air and shall be covered with a heavy wire screen.

            8.4.  The burn barrel shall not serve a business.

            8.5.  The owner of the burn barrel shall obtain an annual permit from the Fire Warden in accordance with Section 12 of this ordinance.

SECTION 9:  OUTDOOR WOOD-fired FURNACES

9.00  Outdoor wood-fired furnaces.

An outdoor wood-fired furnace may be used in the Town of Germantown only in accordance with the following provisions:

            9.1.  The outdoor wood-fired furnace is limited to the burning of “Clean Wood” as defined in Section 4, para.,  4.2 and shall not be used to burn any of the prohibited materials listed in Section 6 of this ordinance.

            9.2.  The outdoor wood-fired furnace shall be located at least 50 feet from the nearest building which is not on the same property as the outdoor wood furnace.

            9.3.  The outdoor wood-fired furnace shall have a chimney that extends at least 15 feet above the ground surface.

SECTION 10:  FIRE DEPARTMENT PRACTICE BURNS

10.00  Fire department practice burns.  Notwithstanding sections 5 and 6 of this ordinance, the New Lisbon or Necedah Volunteer Fire Departments may burn a standing building if necessary for firefighting practice and if the practice burn complies with the requirements of the Department of Natural Resources.

SECTION 11:  EXEMPTION FOR BURNING CERTAIN PAPERS

11.00  Exemption for burning certain papers.  

            11.1.  Notwithstanding Subsection 6.17 of this ordinance, paper and cardboard products maybe used as a starter fuel for a fire that is allowed under this ordinance

            11.2.  Small quantities of confidential papers from a residence may be burned if necessary to prevent the theft of financial records, identification or other confidential information.

            11.3.  Confidential papers from a commercial enterprise shall be shredded or destroyed in a manner other than burning.

            11.4.  A fire set for burning of a small quantity of confidential papers shall be subject to and comply with Subsections 7.1-7.3, 7.6, and 7.11-7.15 of this ordinance.

SECTION 12:  BURNING PERMITS

12.00  Burning Permits.

            12.1.  An outdoor campfire does not require a permit provided that the fire complies with all other applicable provisions of this ordinance.

SECTION 13:  LIABILITY

     13.1  Liability.  A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.

SECTION 14:  RIGHT OF ENTRY AND INSPECTION

     14.1  Right of entry and inspection.  The Fire Warden or any authorized officer, agent, employee or representative of the New Lisbon or Necedah Volunteer Fire Departments or the Town of Germantown who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this ordinance.  Note:  If the owner or occupant of the premises denies access to the property for this purpose, a special inspection warrant may be obtained in accordance with sections 66.122 and 66.123, Wis. Stats.

SECTION 15:  ENFORCEMENT AND PENALTIES

15.00  Enforcement and penalties. 

     15.1.   The Fire Warden and the Town Chairman are authorized to enforce the provisions of this ordinance.
     15.2.  The penalty for violation of any portion of this ordinance can be seen in the Town of Germantown fee schedule.
Penalties are doubled for second and subsequent offenses.

Enacted the 12 day of April, 2011

William Jax – Chairman, Betty Manson – Clerk/Treasurer

Adopted April 12, 2011

 

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST: 
Susan Ganther, Town Clerk/Treasurer

 

Part IV                       Reference Materials   

Burn Barrels: Unhealthy, Unnecessary, Un-neighborly and Usually Illegal.

Unhealthy

Smoke from burning garbage contains toxic compounds, often including dioxin, furans and other carcinogens. The ash, which some folks place on their garden, may contain heavy metals such as lead and cadmium.

Unnecessary

If you have a burn barrel, take a look at what you’re burning. Most paper and cardboard can and should be recycled. Today, waste collection service is available nearly everywhere, and the collection businesses offer wheeled carts and recycling containers for convenient, economical, end-of-driveway service.

Un-neighborly

You probably don’t enjoy the stink of burning garbage, and neither does your neighbor. Think about how your decision to burn garbage affects others.

Usually Used Illegally

Open burning of household solid wastes, whether or not in a burn barrel, is prohibited by law, with limited exceptions. This prohibition includes all plastic materials, kitchen wastes, dirty or wet paper wastes, treated or painted wood, furniture, and demolition material – or any other material that creates a nuisance. The exceptions (for households only – not businesses) include (if not prohibited by local ordinance) lawn and garden debris, small quantities of clean, untreated, unpainted wood and clean paper waste that is not recyclable. Outdoor fires for cooking, or for “warming up” are okay and do not require any special approvals unless environmental conditions pose a great risk for forest fires.

Wisconsin Statewide Law on Open Burning:

Which Materials Are Legal To Burn?

Which of these household materials can be legally burned in a burn barrel or an open fire on the same property where generated?

State law does not prohibit burning small dry quantities of the household materials with a 4mark, if they are burned on the same property where generated.  Local ordinances may be more restrictive; check with your local municipality before burning.  (The number listed after the materials below refers to the legal explanations of why the item may or may not be burned.)

  • Plastic Milk Jug 1,5
  • Leaves (dry) 8
  • Treated Lumber 3
  • Newspaper 5
  • Insulated Electrical Wire 1
  • Rubber Hose 1
  • Tires 1
  • Tree Branches 8,9
  • Plastic Garbage Bags 1
  • Waste Oil 4
  • Asphalt Shingles 1
  • Painted Siding 3
  • Clean Dry Firewood 9
  • Nylon Upholstery Fabric 1,2
  • Corrugated Cardboard 5
  • Asphalt Sealant 1
  • Plastic Food Wrap 1
  • Plywood 6
  • Plastic Pipe 1
  • Food Waste / Garbage 4
  • Wooden Furniture 3
  • Plastic siding 1
  • Aluminum Beer Cans 5
  • Pine Needles 8
  • Nylon Carpet 1,2
  • Polystyrene Plates 1,2
  • Tar Paper 1
  • Polystyrene Foam Packaging 1,2
  • Urethane Foam Pad 1,2
  • Plastic Soda Bottles 1,2
  • Magazines / Catalogues 5
  • Waste Mail 7
  • OSB / Composite Board 6
  • Plastic Weed Barrier 1
  • Water Softener Salt Bag 1,2
  • Paper Plates / Cups 10
  • Napkins / Paper Towel 10
  • Paper Grocery Bags 7
  • Plastic Vapor Barrier 1
  • Plastic Toys 1
  • Old Building 11
  • Untreated Unpainted Lumber 9

Explanations & Alternatives:

  1. All plastic, rubber and asphalt materials are prohibited from open burning under state law.
  2. This synthetic material is “plastic” and may not be burned.
  3. Wood that is painted or chemically treated may not be burned under state law.
  4. These materials are specifically prohibited from open burning under state law.
  5. These materials must be recycled under state and local recycling laws. They cannot be burned. (It is legal to use a small amount of paper or cardboard material to kindle a fire.)
  6. These materials contain resins and glues making them unsuitable for burning. They are not “dry unpainted, untreated wood” as referenced and exempted in the law.
  7. Even though state law allows burning after removing any plastic, many local recycling programs cover these materials. Recycling is a better alternative. If recycling is not an option, proper disposal is better than burning.
  8. Even though state law allows burning, composting and/or beneficial use of this material is a better alternative.
  9. Clean dry unpainted untreated wood is legal to burn, but if it isn’t going to be beneficially used for heating, consider options other than burning.
  10. This waste paper material is not recyclable. Proper disposal is a better option than burning. Wet paper or paper mixed with plastic can’t be burned.
  11. Individuals or businesses may not burn a building. The only exception is that a building may be burned only by a fire department for training purposes after notification to DNR and removal of illegal materials.

Remember:

  • All materials emit pollutants when burned. Generally, the materials that cause the most toxic emissions are those that are prohibited from burning under state law.  Try to avoid burning any waste material.
  • If prohibited and allowed materials are mixed, they cannot be burned. Any prohibited materials must be removed before the allowed materials are burned.
  • Check local ordinances! A local municipality may ban the burning of any material even if statewide regulations allow it.
  • Check for burning permits. Even if the material is legal to burn, the DNR or the local municipality often requires a burning permit.  During periods of high fire hazard, burning may be prohibited.
  • Consider other alternatives. Even if the material is legal to burn, more environmentally sound alternatives are available.
  • This information only applies to small quantities of household waste being burned on the same property where generated. The regulations do not allow businesses to burn the same materials that a household may.   If in question, consult the regulations.

Additional Information:

  • For additional information, contact your DNR service center or log onto the DNR Open Burning Web site: http://dnr.wi.gov/org/caer/ce/ob/.
  • Does your municipality have an open burning ordinance? Check with your local clerk or fire chief.
  • For additional information on burning permits log onto the DNR Forest Fire Prevention Web site: http://dnr.wi.gov/org/land/forestry/Fire/index.htm.
  • The open burning regulations are in ch. NR 429 and s. NR 502.11, Wis. Adm. Code.
  • For games, educational resources and fun on open burning activities, students and teachers should log on to Air Defenders web site: http://www.airdefenorg/. This site is filled with information and activities all about open burning and respiratory health.
  • Looking for a presentation about open burning? Contact the Department of Natural Resources Bureau of Air Management at 608-266-7718.
  • You can download an electronic copy of this Model Ordinance from the WDNR Web site http://www.dnr.state.wi.us/org/caer/ce/ob/. The Ordinance is available as a PDF or as a Microsoft Word document.
  • For more information on open burning, and what is happening nationally on the issue, log onto EPA’s Open Burning Web site:

http://www.epa.gov.epaoswer/non-hw/muncpl/backyard/.

48. Neighborhood Electric Vehicles

ORDINANCE #48

TOWN OF GERMANTOWN

AN ORDINANCE RELATIVE TO NEIGHBORHOOD ELECTRIC VEHICLES

The Town of Germantown does hereby ordain as follows: Pursuant to the authority granted to the Town of Germantown by Wisconsin Statutes 349.26(2), the following Sections are hereby created to read as follows:

ARTICLE I             NEIGHBORHOOD ELECTRIC VEHICLES ALLOWED Definition          

  1. Neighborhood Electric Vehicle means a vehicle subject to Sec. 340.01(27h), Wis. Stats.

Regulation

  1. A Neighborhood Electric Vehicle may be operated on any roadway that has a speed limit of 35 miles per hour or less within the boundaries of Buckhorn State Park for purposes of official maintenance and operations to the State Park only.
  2. A Neighborhood Electric Vehicle shall not be operated on a connecting highway or an intersection where the roadway crosses a state trunk highway, or on any roadway within the Town of Germantown other than the area identified in subsection (a) above.
  3. Each person operating a Neighborhood Electric Vehicle within the boundaries of Buckhorn State Park shall possess a valid driver’s license.
  4. Each person operating a Neighborhood Electric Vehicle within the boundaries of Buckhorn State Park shall be granted all of the rights and be subject to all of the duties applicable to a driver of any motor vehicle in the State of Wisconsin, including maintaining insurance as required by State law, except as to the special regulations in this section and except as to those provisions by which their nature does not apply to the operation of a Neighborhood Electric Vehicle.
  5. Each person operating a Neighborhood Electric Vehicle within the boundaries of Buckhorn State Park shall observe all traffic laws and local ordinances regarding the rules of the road.
  6. The DNR shall create a brochure that outlines this ordinance.

Penalties

  1. Any person who shall violate this ordinance or any Wisconsin traffic law in a Neighborhood Electric Vehicle may be issued a Uniform Traffic Citation and is subject to the penalties provided by the Uniform State Traffic Deposit Schedule.

This Ordinance shall take effect upon passage and publication thereof. Adopted this 14th day of June, 2011.

49. Extending Town Officer Terms

ORDINANCE #49

TOWN OF GERMANTOWN

AN ORDINANCE TO EXTEND TOWN OFFICER TERMS IN RESPONSE TO ELECTION LAW CHANGES

Whereas, the term of elected town officers (other than elected assessors) have previously begun on the 2nd Tuesday in April;

Whereas, town officers (other than assessors) elected in April, 2012 and thereafter, will now have their terms of office commence on the 3rd Tuesday in April due to recent state election law changes;

Whereas, this law change results in a week long “gap” between the end of the current terms of office for those town officers elected in either 2010 or 2011 and the start of the new terms of office for those officers elected in April 2012 or April 2013;

Whereas, 2011 Wis. Act provide that a town board may enact an ordinance providing that the terms of any elective officers in the town who were elected or appointed to serve for terms expiring on the 2nd Tuesday in April, 2012 or 2013, may be extended to the 3rd Tuesday in April in the same year in which the terms would otherwise expired;

Therefore, be it hereby ordained by the Town Board of the Town of Germantown, Juneau County, that the terms of elected town officers which shall expire after 11:59 p.m. on the 2nd Monday of April in either April, 2012 or April, 2013 shall be extended until the 3rd Tuesday of April in the same year in which the terms would otherwise have expired.

This ordinance shall be effective upon publication or posting by the town clerk as required, pursuant to s.s. 60.80, Wis. Stat.

Adopted this 13th day of March, 2012.

50. Destruction of Public Records

STATE OF WISCONSIN
Town of Germantown
Juneau County

Ordinance #50

Destruction of Public Records

The Town Board of the Town of Germantown does ordain as follows:

The following definitions are set forth in State Statute 16.61(2)(b) and shall be used in interpreting this ordinance:

“Public records” means all books, papers, maps, photographs, films, recordings, optical disks, electronically formatted documents or other documentary materials, regardless of physical form or characteristics, made, or received by any state agency or its officers or employees in connection with the transaction of public business, and documents of any insurer that is liquidated or in the process of liquidation under ch. 645. “Public records” does not include:

  1. Records and correspondence of any member of the legislature.

1m. Any state document received by a state document depository library.

  1. Duplicate copies of materials the original copies of which are in the custody of the same state agency and which are maintained only for convenience or reference and for no other substantive purpose.
  2. Materials in the possession of a library or museum made or acquired solely for reference or exhibition purposes.
  3. Notices or invitations received by a state agency that were not solicited by the agency and that are not related to any official action taken, proposed or considered by the agency.
  4. Drafts, notes, preliminary computations and like materials prepared for the originator’s personal use or prepared by the originator in the name of a person for whom the originator is working.
  5. Routing slips and envelopes.

SECTION I – TITLE AND PURPOSE
This ordinance is entitled the Town of Germantown Destruction of Obsolete Records Ordinance. The purpose of this ordinance is to provide the town officers of the Town of Germantown with the authority to destroy certain obsolete public records in possession of the Town of Germantown.

SECTION II – AUTHORITY
The Town Board of the Town of Germantown, Juneau County, Wisconsin, has the specific authority under s. 19.21 (4), Wis. stats., to manage and destroy obsolete public records in the possession of the Town of Germantown.

SECTION III – ADOPTION OF ORDINANCE
This ordinance, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, authorizes the powers and establishes the duties of the town officers of the Town of Germantown to manage and destroy obsolete public records in the possession of the Town of Germantown.

SECTION IV – FINANCIAL RECORDS
The following Town of Germantown town officers, pursuant to s. 19.21 (5), Wis. stats., may destroy the financial records, except utility records, of which they are the legal custodians and that are considered obsolete as provided below:

The Germantown town officers shall continue the existing practices to keep and preserve the public records of the Town of Germantown required by state law, with guidance from the Wisconsin municipal records manual and any town board resolution properly adopted as to the manner, form and duration of such retention.

SECTION V – OTHER RECORDS
The Town of Germantown town officers, pursuant to s. 19.21 (5), Wis. stats., may destroy the following records of which they are the legal custodians and that are considered obsolete:

The Town Clerk is hereby authorized, pursuant to 19.21(5) Wis. Stats., to destroy any appropriate records with guidance from the Wisconsin Municipal Records Manual and any town board resolution properly adopted as to the minimum period of time for retention.

SECTION VI – HISTORICAL SOCIETY NOTIFICATION
Prior to the destruction of any public record described in Sections IV, V, or VI, at least 60 days’ notice in writing shall be given to the State Historical Society of Wisconsin.

SECTION VII – PENALTY PROVISIONS
Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this ordinance shall, upon conviction, pay a forfeiture as set in the Town of Germantown fee schedule. Each day a violation exists or continues constitutes a separate offense under this ordinance. In addition, the town board may seek injunctive relief from a court of record to enjoin further violations.

SECTION VIII – SEVERABILITY
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.

SECTION IX – EFFECTIVE DATE, CONSTRUCTION
This ordinance is effective on publication or posting.

This ordinance shall not be construed to authorize the destruction of any public record after a period less than prescribed by statute or state administrative rules.

The town clerk shall properly post or publish this ordinance as required under s. 60.80, Wis. stats.

Adopted this 10th day of September, 2013.

Chairman Rosetta Supervisors: Dale Simonson, Jim Collis, Greg Haunroth, Ray Feldman
Marion Uphoff, Clerk/Treasurer

 

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST: 
 Susan Ganther, Town Clerk/Treasurer

51. Establishing a Municipal Court

Town of Germantown

Ordinance 51

Ordinance Establishing a Municipal Court

The Town Board of the Town of Germantown, Juneau County, Wisconsin does ordain as follows:

11-1-01 PURPOSE
Pursuant to the authority granted by Chapter 755 of the Wisconsin statutes, the Town of Germantown hereby joins the Mauston Area Municipal Court.

11-1-02 MUNICIPAL JUDGE

  • Qualifications: The Mauston Area Municipal Court shall be under the jurisdiction of and presided over by a Municipal Judge, who shall reside in the City of Mauston, the Village of Necedah, or the Town of Germantown.
  • Oath and Bond: The Judge shall, after election or appointment to fill a vacancy, take and file the official oath as prescribed in 757.02(1) of the Wisconsin Statutes and at the same time execute and file an official bond.  The Judge shall not act until the oath and bond have been filed, as required by 19.01(4)(c) of the Wisconsin Statues and the requirements of 755.03(2) have been complied with.
  • Compensation: The salary for the Municipal Court Judge shall be fixed by the Common Council of the City of Mauston which shall be in lieu of fees and costs.  No compensation shall be paid for any time during the term for which Judge has not executed the official oath or official bond, as required by Wisconsin Statute 19-01(4)(c) and the requirements of Wisconsin Statutes 755.03(2) have been complied with.

11-1-03 ELECTIONS

  • Term: The initial Municipal Judge shall be the Municipal Judge currently serving the Mauston Area Municipal Court.  At the expiration of his current term, the Municipal Judge shall be elected at large in the spring election in even-numbered years for a term of four (4) years commencing May 1, 2013.  All candidates for the position of Municipal Judge shall be nominated by nomination papers as provided in Wisconsin Statute 8.11.  The Municipal Court Clerk shall serve as filing officer for the candidates.
  • Vacancy: A permanent vacancy in the office of Municipal Judge may be filled by temporary appointment of the Common Council of the City of Mauston, the Village of Necedah Board of Trustees, and Town of Germantown Town Board as provided for in Wisconsin Statutes 8.50(4)(fm).  The office shall be permanently filled by special election in the manner provided for in said statute.
  • Substitute and Interim Municipal Judge: In the even that a Municipal Judge is to be temporarily absent or is sick or disabled, the provision of Wisconsin Statute 800.06 shall apply.
  • Electors: Electors in all three municipalities, the City of Mauston, the Village of Necedah, and the Town of Germantown shall vote for the Municipal Judge.

11-1-04 JURISDICTION

  • Exclusivity: The Municipal Court shall have jurisdiction over incidents occurring on or after January 1, 2014, as provided in Article VII, sub-section 14 of the Wisconsin Constitution, and Wisconsin Statue 755.045 and 755.05, and as otherwise provided by the laws of Wisconsin.  It shall have exclusive jurisdiction over actions in the City of Mauston, Village of Necedah, and Town of Germantown seeking to impose forfeitures for violations of municipal ordinances, resolutions and by-laws.
  • Civil Warrants: The Municipal Judge may issue civil warrants to enforce matters under the jurisdiction of the Municipal Court under Wisconsin Statute 755.045(2), 66.0119.
  • Juvenile Offenders: The Municipal Court has jurisdiction over juvenile offenders when a municipality enacts an ordinance under the authority of Wisconsin Statue 938.174(2)(cm).  Pursuant to Wisconsin Statute 938.17(2)(cm), the Municipal Judge may impose the following dispositions upon a juvenile for a violation of City, Village or Town Ordinances:
    • Any disposition allowed under Wisconsin Statutes Chapter 48
    • Wisconsin Statute 938.343(2)
    • Wisconsin Statute 938.343(3)
    • Wisconsin Statute 938.343(4)
    • Wisconsin Statute 938.343(10)
    • Wisconsin Statute 938.344
    • Wisconsin Statute 938.261

Any of all of the above listed disposition may be used in any combination when imposed by a Municipal Judge.

11-1-05 OPERATIONS AND PROCEDURES

  • Hours: The Mauston Area Municipal Court shall be open as determined by order of the Municipal Judge.
  • Employees: The Court shall be staffed by such clerical personnel as are authorized by the Common Council of the City of Mauston.  Staff work priorities and standards will be developed cooperatively between the Municipal Judge and the City Clerk to ensure all legal and statutory deadlines and obligations will be achieved.  The Municipal Judge shall have final authority and determination of work priorities and standards to be implemented by the City Clerk.  The City Clerk shall be the appointing authority, in consultation with the Personnel Committee, and shall have jurisdiction over such position(s).  Such employee(s) are subject to direction of the City Clerk.  Court personnel shall be covered by a blanket bond paid for by the City.
  • Location: The Municipal Judge shall keep his/her office and hold court in an adequate facility provided by the Common Council of the City of Mauston.  However, the Municipal Judge may issue process and perform ministerial functions at any place in Juneau County.

11-1-06 COLLECTION OF FORFEITURES AND COSTS

The Municipal Judge may impose punishment and sentences as provided by Wisconsin Statutes Chapters 800 and 938, and as provided in the ordinances of the City of Mauston, Village of Necedah, and Town of Germantown.  All forfeitures, fees, assessments, surcharges and costs shall be paid to the treasurer of the city of Mauston within seven (7) days after receipt of the money by the Municipal Court.  At the time of the payment, the Municipal Court shall report to the treasurer the title of the action, the nature of the offenses and the total amount of judgments imposed in actions and proceedings in which such monies were collected.  The Village of Necedah and Town of Germantown shall be paid the amount collected on citations issued for violations in the Village of Necedah, less the court costs and a processing fee as set in the Town of Germantown fee schedule.

11-1-07 CONTEMPT OF COURT

The Municipal Judge, after affording an opportunity to the person accused to be heard in defense, may impose a sanction authorized under Wisconsin Statute 800.12, and may impose a forfeiture, therefore, not to exceed fifty ($50) or upon nonpayment of the forfeiture and the assessments thereon, a jail sentence not to exceed seven (7) days.

11-1-08  ABOLITION

The Municipal Court hereby established shall not be abolished while the 755.01(4) agreement is in effect.

APPOVED: Chairman Rosetta Boyle, Supervisors Dale Simonson, Gregg Haunroth, Jim Collis, Ray Feldman

 

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST:
 Susan Ganther, Town Clerk/Treasurer

52. Establishing a Joint Municipal Court

Town of Germantown

ORDINANCE No. 52

ORDINANCE 52 RELATING TO JOINING THE MAUSTON AREA MUNICIPAL COURT PER §66.0301 OF THE WISCONSIN STATUTES ESTABLISHING A JOINT MUNICIPAL COURT

The Board of the Town of Germantown does hereby ordain that Ordinance 52 of the Town of Germantown’s Ordinances is created to read as follows:

CHAPTER 52:  MUNICIPAL COURT

SUBCHAPTER 1

52.101 PURPOSE

Pursuant to the authority granted by Chapter 755 of the Wisconsin Statutes, there is hereby created and established a joint Municipal Court to be designated “Mauston Area Municipal Court” (herein after MAMC) for the City of Mauston, the City of New Lisbon, the Village of Necedah, and the Township of Germantown herein after “Participating Municipalities”); said court to become operative and function on January 1, 2014.

  • MUNICIPAL JUDGE
  • Qualifications: The MAMC shall be under the jurisdiction of and presided over by a Municipal Judge, who shall reside in one of the Participating Municipalities.
  • Oath and Bond: The Judge shall, after election or appointment to fill a vacancy, take and file the official oath as prescribed in §757.02(1) of the Wisconsin Statutes and at the same time execute and file an official bond. The Judge shall not act until the oath and bond have been filed, as required by §19.01(4)(c) of the Wisconsin Statues and the requirements have been complied with of §755.03(2) of the Wisconsin Statutes.
  • Compensation: The salary for the MAMC Judge shall be fixed, in lieu of fees and costs, by the Common Council of the City of Mauston. No compensation shall be paid for any time during the term for which such Judge has not executed the official oath or official bond, as required by Wis. Stat. §19.01(4)(c) and the requirements have been complied with of Wis. Stat. §755.03(2).

52.103 ELECTIONS

  • Term: The MAMC Judge shall be elected at large in the spring election in odd-numbered years for a term of four (4) years commencing on May 1, 2013. All candidates for the position of MAMC Judge shall be nominated by nomination papers as provided in Wis. Stat. §8.10, and the selection at a primary election if such is held as provided in Wis. Stat. §8.11. Per §8.10(6)(bm), the Juneau County Clerk shall serve as filing officer for the candidates. Municipalities who choose to join the existing MAMC, agree that the judge for the existing MAMC will continue to serve as judge until the end of his/her term.
  • Vacancy: A permanent vacancy in the office of MAMC Judge may be filled by temporary appointment of the Common Council of the City of Mauston, in consultation with the Participating Municipalities as provided for in Wis. Stat. §8.50(4)(fm). The office shall be permanently filled by special election in the manner provided for in said statute.
  • Substitute and Interim MAMC Judge: In the event that a MAMC Judge is to be temporarily absent or is sick or disabled, the provision of Wis. Stat. §800.06 shall apply.
  • Electors: Electors in the City of Mauston and the Participating Municipalities shall vote for the MAMC Judge.

52.104 JURISDICTION

  • Exclusivity: The MAMC shall have jurisdiction over incidents occurring on or after January 1, 2014, as provided in Article VII, §14 of the Wisconsin Constitution, and Wis. Stat. §755.045 and §755.05, and as other provided by the laws of Wisconsin. It shall have exclusive jurisdiction over actions in the City of Mauston and the Participating Municipalities seeking to impose forfeitures for violations of municipal ordinances, resolutions and by-laws.
  • Civil Warrants: The MAMC Judge may issue civil warrants to enforce matters under the jurisdiction of the Municipal Court under Wis. Stat. §755.045(2), §66.0119.
  • Juvenile Offenders: The MAMC Court has jurisdiction over juvenile offenders when a Participating Municipality enacts an ordinance under the authority of Wis. Stat. §938.17(2)(cm). Pursuant to Wis. Stat. §938.17(2)(cm), the MAMC Judge may impose the following dispositions upon a juvenile for a violation of a Participating Municipality’s Ordinances:
  • Any disposition allowed under Wis. Stat. Chapter 48.
  • Stat. §938.343(2)
  • Stat. §938.343(3)
  • Stat. §938.343(4)
  • Stat. §938.343(10)
  • Stat. §938.344
  • Stat. §938.261

Any or all of the above listed dispositions may be used in any combination when imposed by the MAMC Judge.

52.105 OPERATIONS AND PROCEDURES

  • Hours: The MAMC shall be open as determined by order of the MAMC Judge.
  • Employees: The Court shall be staffed by such clerical personnel as are authorized by the Common Council of the City of Mauston. Staff work priorities and standards will be developed cooperatively between the MAMC Judge and the Mauston City Clerk to ensure all legal and statutory deadlines and obligations will be achieved. The MAMC Judge shall have final authority and determination of work priorities and standards to be implemented by the Mauston City Clerk. The Mauston City Clerk shall be the appointing authority, in consultation with the Participating Municipalities, and shall have jurisdiction over such position(s). Such employee(s) are subject to direction of the Mauston City Clerk. Court personnel shall be covered by a blanket bond paid for by the City of Mauston.
  • Location: The MAMC Judge shall keep his/her office and hold court in an adequate facility provided by the Common Council of the City of Mauston. However, the MAMC Judge may issue process and perform ministerial functions at any place in Juneau County.

52.106 COLLECTION OF FORFEITURES AND COSTS

The MAMC Judge may impose punishment and sentences as provided by Wis. Stat. Chaps. 800 and 938, and as provided in the ordinances of the City of Mauston and the Participating Municipalities. All forfeitures, fees, assessments, surcharges and costs shall be paid to the treasurer of the City of Mauston within seven (7) days after receipt of the money by the MAMC. At the time of the payment, the MAMC shall report to the treasurer the title of the action, the nature of the offenses and total amount of judgments imposed in actions and proceedings in which such monies were collected. The Participating Municipalities shall be paid the amount collected on citations issued for violations in the respective municipalities, less the court costs and processing fee as set in the Town of Germantown fee schedule.

52.107 CONTEMPT OF COURT

The MAMC Judge, after affording an opportunity to the person accused to be heard in defense, may impose a sanction authorized under Wis. Stat. §800.12, and may impose a forfeiture, therefore, as can be found in the Town of Germantown fee schedule.

52.108 ABOLITION

The MAMC court hereby established shall not be abolished while the §755.01(4) agreement is in effect.

SUBCHAPTER II

52.201 REPEAL
All ordinances or parts of ordinances contravening or inconsistent with the provisions of this ordinance are hereby repealed.

SUBCHAPTER III

52.301 ORDINANCE EFFECTIVE
This Ordinance shall take effect and be in full force and effect from and after its passage by the municipalities that are parties to the agreement and publication as required by law.

APPROVED: Rosetta Boyle, Town Chairman
ATTEST: 
Marion Uphoff, Clerk/Treasurer

 

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST: 
Susan Ganther, Town Clerk/Treasurer

52A. Setting Municipal Court Jurisdiction

TOWN OF GERMANTOWN

ORDINANCE 52A

ORDINANCE SETTING MUNICIPAL COURT JURISDICTION

The Town Board of the Town of Germantown, Juneau County, Wisconsin, in order to provide for the public health and safety, do ordain as follows:

That part of Germantown Ordinance Number 52, Section 52.104 Jurisdiction is added to and supplemented with the following:

(4) Offenses against state laws subject to forfeiture.  Attached hereto as Schedule A is a listing of the state statutes which define offenses against the peace and good order of the state which are hereby adopted by reference to define offenses against the pace and good order for the Town of Germantown.  Any future amendments, revisions or modifications of these following statutes are incorporated herein by reference and are automatically made a part of this code upon their effective date in the state statutes.

That part of Germantown Ordinance Number 52, Section 52.106 Collection of Forfeitures and Costs is hereby supplemented to create a second subsection as follows:

(2) Any person who shall violate any of the offenses defined herein or on Schedule A attached hereto against the peace and good order of the Town of Germantown shall, upon conviction by the Mauston Area Municipal Court (MAMC), be subject to a penalty as set by the court including a forfeiture as found in the Town of Germantown fee schedule. Failure to pay the forfeiture and costs assessed by the court will subject the person to the penalties of contempt of court as set forth in Ordinance Number 52.

In all other aspects, the provisions of Ordinance Number 52 are hereby ratified and affirmed and remain in full force and effect.

This Ordinance Amendment shall be in full force and effect from the date of its passage and publication.

OFFENSES AGAINST STATE LAWS SUBJECT TO FORFEITURE

The following statutes defining offenses against the peace and good order of the State are adopted by reference to define offenses against the pace and good order for the Town provided the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under the general penalty provisions of this Code of Ordinances.  Any future amendments, revisions or modifications of the Statutes incorporated herein by reference are intended to be made part of this Code.

29.288 Throwing Refuse in Waters

50.58 Careless smoking

167.10 Fireworks Regulated

175.25 Illegal Storage of Junked Vehicles

939.05 Aiding and Abetting

939.22 Words and Phrases Defined

941.10 Negligent Handling of Burning Materials

941.12 Interfering With or Failing to Assist in Firefighting

941.13 False Alarms and Interference with Firefighting

941.20(1) Reckless Use of Weapon

941.22 Possession of a Pistol by a Minor

941.23 Carrying Concealed Weapon

941.235 Carrying a Firearm in a Public Building

941.24 Possession of Switchblade Knife

941.33 Hazing

941.35 Emergency Telephone Calls

941.36 Fraudulent Tapping of Electric Wires or Gas or Water Meters or Pipes

943.01(1) Criminal Damage to Property

943.6 Molotov Cocktails

943.11 Entry into Locked Vehicle

943.125 Entry into locked Coin Box

943.13 Trespass to Land

943.14 Trespass to Dwellings

943.15 Entry into Locked Site

943.20 Theft of Property

943.21 Fraud on Innkeeper

943.22 Cheating Tokens

943.23(2) Operating Vehicle Without Owner’s Consent

943.24(1)  Worthless Checks

943.34(1) Receiving Stolen Property

943.35 Receiving Property from a Child

943.37 Alteration of Property Identification Marks

943.38(3) Forgery

943.41 Credit Card Crimes

943.50 Retail Theft

944.20 Lewd and Lascivious Behavior

944.21 Lewd, Obscene, or Indecent Matter, Pictures, and Performances

944.23 Making Lewd, Obscene or Indecent Drawings

944.30 Prostitution

944.31 Patronizing Prostitutes

944.33 Pandering

944.34  Keeping a Place of Prostitution

945.01 Definitions Relating to Gambling

945.02 Gambling

945.04 Permitting Premises to be used for Commercial Gambling

946.40 Refusing to Aid Officer

946.41 Resisting or Obstructing Officer

946.42(2) Escape

946.69 Falsely Assuming to Act as Public Officer of Employee

946.70 Impersonating Peace Officer

946.72(2) Tampering with Public Records and Notices

947.01 Disorderly Conduct

947.012 Unlawful Use of Telephone

947.013 Harassment

947.015 Bomb Scares

947.02 Vagrancy

947.047 Littering Shores

947.06 Unlawful Assemblies

947.08 Crime Comics

948.01 Definitions

948.015 Construction and Application

948.02 Mistreating Animals

948.03 Dognapping or Catnapping

948.04 Leading Animal from Motor Vehicle

948.05 Transportation of Animals

948.06 Use of Poisonous and Controlled Substances

948.07 Use of Certain Devices Prohibited

948.08 Instigating Fights between Animals

948.09 Shooting at Caged or Staked Animals

948.10 Sale of Baby Rabbits, Chicks, and Other Fowl

948.11 Artificially Colored Animal; Sale

948.13 Providing Proper Food and Drink to Confined Animals

948.14 Providing Proper Shelter

948.15 Animals; Neglected or Abandoned; Police Powers

125.07(4)(b) Underage Drinking Violations – Possesses or Consumes Under 17 Years

125.07(4)(b) Underage Drinking Violations – Possesses or Consumes 17 to 20 Years

125.07(4)(a)  Underage Drinking Violations – Procures or Attempts to Procure Under 17 Years

125.07(4)(a) Underage Drinking Violations – Procures or Attempts to Procure 17-20 Years

961.41 Controlled Substance – Possession of THC

961.573 Controlled Substance – Possession of Drug Paraphernalia

  • Possession or Purchase of Tobacco by Minor

Effective Date
This ordinance shall be in force and in effect upon its passage and one day after legal publication as provided for by law.

 

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST: 
Susan Ganther, Town Clerk/Treasurer

The rest of the Ordinances – these will eventually each have their own full description as well:

Ordinance 22      Zoning Ordinance
Ordinance 23      2003-05-23       Signs
Ordinance 25      2001-08-14       Subdivisions
Ordinance 38       2002-12-10      Fireworks Ordinance