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MUNICIPAL CODE

OF THE

TOWN OF TEXAS

 MARATHON COUNTY, WISCONSIN

 

2011


Published by Order of the Town Board

 

 

FEBRUARY 14,  2011



 


OFFICIALS

TOWN OF TEXAS,

MARATHON COUNTY, WISCONSIN

 

 

Matthew Bootz

Town Chairman

 

Thomas Domka

Philip Walters

Town Supervisors

 

Lorraine Beyersdorff

Town Clerk

 

Marian Matsche

Town Treasurer

 

Shane J. VanderWaal

Town Attorney

 


 

TOWN OF TEXAS, MARATHON COUNTY, WISCONSIN

ADOPTING A GENERAL CODE; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE SHALL BECOME EFFECTIVE.

 

THE TOWN BOARD OF THE TOWN OF TEXAS, MARATHON COUNTY, WISCONSIN, DO ORDAIN AS FOLLOWS:

 

Section 1. The Code entitled "Code of Ordinances of the Town of Texas, Wisconsin," consisting of Chapters 1 through 60, each inclusive, is hereby adopted.

 

Section 2.  All ordinances of a general and permanent nature enacted on or before FEBRUARY 2011, and not included in the Code or recognized and continued in force by reference therein, are repealed.

 

Section 3. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

 

Section 4.  Additions or amendments to the Code when passed in such form as to indicate the intention of the town to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

 

Section 5.  Ordinances adopted after_February 14, 2011 that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

 

Section 6.  If any provisions of this Code is invalid or unconstitutional or if the application of this Code to any person or circumstances is found invalid or unconstitutional by a Court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the provisions or application of this Code which can be given effect without the invalid or unconstitutional provision or application.

 

Section 7.  This Ordinance shall be in full force and effect from and after its date of passage and publication as required by law.

 

Passed and adopted by the Town Board of the Town of Texas, Wisconsin this  14th day of February, 2011     

 

                                                                        TOWN OF TEXAS

 

                                                                                                                                                                                                                        _______________________________

                                                                        Matthew Bootz, Chairman

 

 

 

 

ATTEST:

 

 

 

______________________________

Lorraine I Beyersdorff, Town Clerk

 

 

Adopted: _February 14, 2011

 

Approved:  February 14, 2011

 

Published:  February 28, 2011

 

 

 

  

 

TABLE OF CONTENTS

 

                                                                                                           

Chapter                                                                                                Page

 

1. General Provisions……………………………………………..      1                                                                                

2. Administration………………………………………………….       2                   

    Art. I. In General……………………………………………….     11

    Art. II. Town Board…………………………………………….    11

    Art. III. Officers and Employees……………………………….      14

    Div. 1. Generally……………………………………………….      14

    Div. 2. Appointive Officials……………………………………       14

    Art. IV. Boards, Commissions and Committees……………….        14

    Art. V. Finance…………………………………………………     15

 

3—5.   Reserved…………………………………………………..    16

 

6.   Alcohol Beverages…………………………………………….     17

           

7—9.   Reserved……………………………………………………  21

 

10.  Animals………………………………………………………..   22

       Art. I. In General………………………………………………   23

       Art. II. Dogs and Cats…………………………………………   23

 

11—13.   Reserved…………………………………………………  26

 

14.   Buildings and Building Regulations………………………….        27

        Art. I. In General  ……………………………………………..  28

        Art. II. Administration and Enforcement……………………..      28

        Div. 1. Generally   ……………………………………………..  28

        Div. 2. Permits and Fees………………………………………   30

        Div. 3. Inspections and Orders………………………………..    34

        Art. III. Wrecking, Razing and Demolition of Buildings……..        35

        Art. IV. House and Building Numbering……………………..      36

 

15—29.   Reserved…………………………………………………  38

 

30.   Fire Prevention and Protection……………………………….     39

        Art. I. In General  ……………………………………………..  40

        Art. II. Reserved………………………………………………  41

        Art. III. Volunteer Fire Department…………………………..     42

           


 


TABLE OF CONTENTS-Cont'd.

 

 

Chapter                                                                                                            Page

 

31—37.   Reserved………………………………………………………..    44

 

38.   Mobile Homes……………………………………………………….     45

        Art. I. In General  …………………………………………………….   46

           

39—41.   Reserved………………………………………………………..    52

 

42.   Nuisances…………………………………………………………….    53

        Art. I. Public Nuisances………………………………………………    54

        Art. II. Junk…………………………………………………………..    57

           

43—53.   Reserved…………………………………………………………  59

 

54.    Solid Waste…………………………………………………………...  60

         Art. I. In General……………………………………………………..   61

         Art. II. Disposal………………………………………………………   61

         Art. III. Littering……………………………………………………..    62

           

55—57.   Reserved…………………………………………………………  64

 

58.   Streets…………………………………………………………………  65

        Art. I. In General  ……………………………………………………... 66

        Art. II. Excavations……………………………………………………   67

 

59.   Board of Review………………………………………………………  71

                       

60.   Traffic and Vehicles…………………………………………………… 73

        Art. I. In General  ………………………………………………………  74

   


                    Chapter 1

 

GENERAL PROVISIONS

 

Sec. 1.100.      Title; effective date; citation.

Sec. 1.101.      Definitions and rules of construction.

Sec. 1.102.      Titles, chapters, sections.

Sec. 1.103.      Catchlines of sections; history notes, references, editor's notes.

Sec. 1.104.      Provisions deemed continuation of existing ordinances.

Sec. 1.105.      Repeal of ordinances.

Sec. 1.106.      Repeal of repealed acts.

Sec. 1.107.      Certain ordinances not affected by Code.

Sec. 1.108.      Code does not affect prior offenses or rights.

Sec. 1.109.      General penalty.

Sec. 1.110.      Reserved.

Sec. 1.111.      Supplementation of code.

Sec. 1.112.      Severability of provisions.

Sec. 1.113       Fees and charges.

 

 

 

 

Sec. 1.100. Title; effective date; citation.

 

These ordinances shall be known as the "Municipal Code of the Town of Texas" and shall take effect from and after passage and publication as required by statute. All references shall be cited by section number.  For references to the provisions of Chapters of this Code, the section of this Code shall be cited together with the specific citation of the applicable Wisconsin Statute (example: Section 1.100, Municipal Code of the Town of Texas).

 

Sec. 1.101. Definitions and rules of construction.

 

The following words, terms and phrases when used in this Code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Generally. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.

 

Acts of agent. When a provision requires an act to be done that may by law as well be done by an agent as by the principal, such requirement shall be construed to include all such acts when done by an authorized agent.

 

And/or. The term "and" may be read as "or," and the term "or" may be read "and" where the sense requires it.

 

Computation of time.

 

1.                  The time within which an act is to be done or proceeding had or taken shall be computed by excluding the first day and including the last; and when any such time is expressed in hours the whole of Sunday and of any legal holiday, from midnight to midnight, shall be excluded.

 

2.                  If the last day within which an act is to be done or proceeding had or taken falls on a Sunday or legal holiday, the act may be done or the proceeding had or taken on the next secular day.

 

3.                  When the last day within which a proceeding is to be had or taken or an act done that consists of any payment to or the service upon or filing with any officer, agent, agency, department or division of the state or of the county, or a city, village, town, school district or other division of the state, of any money, return, statement, report, notice or other document, falls on a Saturday and the duly established official office hours of such officer, agent, agency, department or division to which such payment is to be made or upon which such service is to be made or with which such return, statement, report notice or other document is required to be filed, do not include any office hours on such Saturday, such proceeding may be had or taken or such act may be done on the next succeeding day that is not a Sunday or legal holiday.

 

4.                  Regardless of whether the time limited in any ordinance for the taking of any proceeding or the doing of any act is measured from an event or from the date or day on which such event occurs, the day on which such event took place shall be excluded in the computation of such time.

 

5.                  The term "legal holiday" as used in this section means any statewide legal holiday provided in Wis. Stats. § 895.20. When an act is permitted to be done by the use of the postal service, and the last day within the time prescribed by law for performing such act falls on a legal public holiday under federal law, or other holiday designated by the president such that the postal service does not receive registered mail or make regular deliveries on that day, the day shall be considered a legal holiday for purposes of this definition.

 

State law reference—similar provisions, Wis. Stats. § 990.001(4).

 

County. The term "county" means the County of Marathon, Wisconsin.

 

Includes. "Includes" does not limit a term to a specified example.

 

Officers and employees generally. Whenever any officer or employee is referred to by title, such as "Town Clerk" or "health officer," such reference shall be construed as if followed by the words "of the Town of Texas, Wisconsin."

 

Owner. The term "owner," as applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of such building or land.

 

Person. The term "person" extends and applies to natural persons, firms, corporation, associations, partnerships or other bodies politic, and all entities of any kind capable of being sued unless plainly inapplicable.

 

Personal property. The term "personal property" includes every species of property except real property.

 

Premises. The term "premises" as applied to real property, includes real estate, structures and hereditaments.

 

Property. The term "property" shall include real, personal and mixed property.

 

Real property. The term "real property" shall include lands, tenements and hereditaments.

 

Reasonable time or notice. In all cases when an enactment shall require any act to be done in a "reasonable time" or a "reasonable notice" is to be given to any person, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt execution of such duty or compliance with such notice.

 

Regulations and Code. Whenever in this Code reference is made to any "regulations" or "code" of any government or board, bureau, commission or agency, such terms shall mean the regulations in effect on the effective date of this Code, unless the context clearly provides otherwise.

 

Singular and plural; male and female. Every word in this Code and in any ordinance importing the masculine gender may stand and be applied to females as well as males, and every word importing the singular number only may extend and be applied to several persons or things as well as to one person or thing; provided that these rules of construction shall not be applied to any provisions that shall contain any express language excluding such construction or when the subject matter or context of such provisions may be repugnant thereto.

 

Street. The term "street" shall include any highway, street, avenue, boulevard, road, alley, lane or viaduct in the town dedicated or devoted to public use.

 

Tenant; occupant. The terms "tenant" and "occupant," applied to a building or land, shall include

any person holding a written or oral lease or who occupies the whole or part of such building or land, either alone or with others.

 

Town board, board. The terms "town board" and "board" mean the board of supervisors of the Town of Texas, Wisconsin.

 

Wis. Admin. Code. The abbreviation "Wis. Admin. Code" shall mean the official Wisconsin Administrative Code, as amended.

 

Wisconsin Statutes. Whenever in this Code reference is made to the "Wisconsin Statutes" or "state statutes" or "state law" or "laws of the state," such term shall mean the Wisconsin Revised Statutes, as amended, unless the context clearly provides otherwise.

 

Sec. 1.102. Titles, chapters, sections.

 

1.                  Reference to this Code. All references to titles, chapters, articles, sections, subsections or paragraphs refer to this Code of Ordinances unless otherwise indicated.

 

2.                  Conflicting provisions. If the provisions of the different chapters of this Code conflict with or contravene each other, the provisions of each chapter shall prevail to all matters and questions arising out of the subject matter of such chapter.

           

Sec. 1.103. Catchlines of sections; history notes, references, editor's notes.

 

1.                  The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and are not titles of such sections, or of any part of the section, nor unless expressly so provided shall they be so deemed when any such section, including the catchline, is amended or reenacted.

 

2.                  The history or source notes appearing in parentheses after sections in this Code have no legal effect and only indicate legislative history.

 

3.                  Unless specified otherwise, all references to chapters or sections are to chapters or sections of this Code.

 

4.                  Editor's notes and other references appearing after sections throughout this Code are not intended to have any legal effect but are merely intended to assist the user of the Code.

 

Sec. 1.104. Provisions deemed continuation of existing ordinances.

 

The provisions of this Code, insofar as they are substantially the same as legislation previously adopted by the town relating to the same subject matter, shall be construed as restatements and continuations of the Code and not as new enactments.

 

Sec. 1.105. Repeal of ordinances.

 

All ordinances adopted by the town board prior to the effective date of this Code and inconsistent with any of the provisions of this Code are repealed, except those ordinances and parts mentioned in section 1.107.

 

Sec. 1.106. Repeal of repealed acts.

 

No act or part of any act repealed by subsequent act of the town board shall be deemed to be revived by the repeal of such repealed act, nor shall any ordinance or part of any ordinance heretofore repealed be considered re-ordained or reenacted by virtue of the provisions of section 1.105.

 

Sec. 1.107. Certain ordinances not affected by Code.

 

1.                  Nothing in this Code or the ordinance adopting this Code affects the validity of any ordinance or portion of an ordinance:

 

a.         Promising or guaranteeing the payment of money or authorizing the issuance of bonds or other instruments of indebtedness.

 

b.         Authorizing or approving any contract, deed or agreement.

 

c.         Granting any right or franchise.

 

d.         Making or approving any appropriation or budget.

 

e.         Providing for salaries or other employee benefits not codified in this code.

 

f.          Levying, imposing or otherwise relating to taxes not codified in this code.

 

g.         Adopting or amending the comprehensive plan and regarding zoning and platting and  sub-divisions.

 

h.   Dedicating, accepting or vacating any plat or sub-division.

 

i.          Dedicating, establishing, naming, locating, relocating, opening, paving,                grading, widening, repairing or vacating any street.

 

j.          Establishing the grade of any street or sidewalk.

           

k.          Levying or imposing any special assessments.

 

l.          De-annexing property or excluding property from the town.

 

m.        Regarding water wells, water and sewer services.

 

n.         That is temporary, although general in effect.

 

n.         That is special, although permanent in effect.

 

o.         The purpose of which has been accomplished.

 

p.         Reserved.

 

2.                  The ordinances designated in subsection (1) of this section continue in full force and effect to the same extent as if published at length in this Code.

 

Sec. 1.108. Code does not affect prior offenses or rights.

 

1.                  Nothing in this Code or the ordinance adopting this Code affects any offense or act committed or done, any penalty or forfeiture incurred, or any contract or right established before the effective date of this Code.

 

2.                  The adoption of this Code does not authorize any use or the continuation of any use of a structure or premises in violation of any town ordinance on the effective date of this Code.

 

Sec. 1.109. General penalty.

 

1.                  Established.  Unless another penalty is expressly provided in this Code or in any ordinance of the town, any person who shall violate any of the provisions of this Code shall upon conviction of such violation be subject to a forfeiture, which shall be-as-follows:

 

a.         First offense. For the first offense, a forfeiture of not less than $50.00 nor more than $500.00, together with costs of prosecution and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 90 days. 

 

b.         Second offense. Any person found guilty of violating any ordinance or provision of this Code who shall previously have been convicted of a violation of the same ordinance or provision shall, upon conviction, forfeit not less than $100.00 nor more than $500.00 for each such offense, together with costs of prosecution, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until such forfeiture and costs of prosecution are paid, but not to exceed six months.

 

c.    In addition to any penalties as set forth herein, the town may institute the appropriate legal action or proceedings to enjoin a violation of this code or seek abatement or removal.

 

d.         Each day that a violation continues to exist shall constitute a separate offense.

 

 2.        Execution against defendant's property.

 

a.         Whenever any person fails to pay any forfeiture and costs of prosecution upon the order of a court for violation of this Code or ordinance of the town, the court may, in lieu of ordering imprisonment of the defendant, or after the defendant has been released from custody, issue an execution against the property of the defendant for such forfeiture and costs.

 

b.         The imposition of forfeiture does not prevent revocation or suspension of a license, permit or franchise.

 

3.         Citation method of enforcement.

 

a.         Enforcement. The town hereby elects to use the citation method of enforcement of ordinances. All town law enforcement officers and other town personnel charged with the responsibility of enforcing the provisions of this Code are hereby authorized to issue citations for violations of this Code, including ordinances for which a statutory counterpart exists.           

 

b.         Contents of citation. The citation shall contain the following:

i.          The name and address of the alleged violator.

ii.          Factual allegations describing the alleged violation.

iii.         The time and place of the offense.

iv.         The number and section of the ordinance violated.

v.         A designation of the offense in such manner as can readily be understood by a person making a reasonable effort to do so.

vi.         The time and date at which the alleged violator may appear in court.

vii.        A statement which in essence informs the alleged violator:

 

1.         That a cash deposit may be made, which deposit shall be delivered or mailed to the Clerk of Circuit Court prior to the time of the initial court appearance.

2.         That if a deposit is made, no appearance in court is necessary unless he is subsequently summoned.

3.         That if a cash deposit is made and the alleged violator does not appear in court, he/she will be deemed to have entered a plea of no contest and submitted to a forfeiture, a penalty assessment imposed by Wis. Stat. §757.05, a jail assessment imposed by Wis. Stat. §302.46(1), a crime laboratories and drug law enforcement assessment imposed by Wis. Stats §165.755, any applicable consumer information assessment imposed by Wis. Stat. §100.261, and any applicable domestic abuse assessment imposed by Wis. Stat. §973.055(1) not to exceed the amount of the deposit or, if the court does not accept the plea of no contest, a summons will be issued commanding him to appear in court to answer the complaint.

4.         That if no cash deposit is made and the alleged violator does not appear in court at the time specified, the court may issue a summons or a warrant for the alleged violator's arrest or consider the nonappearance to be a plea of no contest and enter judgment, or the town may commence an action to collect the forfeiture, the penalty assessment imposed by Wis. Stat. § 757.05, the jail assessment imposed by Wis. Stat. §302.46(1), the crime laboratories and drug law enforcement assessment imposed by Wis. Stat. §165.755, any applicable consumer information assessment imposed by Wis. Stat. §100.261 and any applicable domestic abuse assessment imposed by Wis. Stat. §973.055(1).

5.             That if the court finds that the violation involves an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and that the violation resulted in damage to the property of or physical injury to a person other than the alleged violator, the court may summon the alleged violator into court to determine if restitution shall be ordered under Wis. Stat. §

 

 

 

800.093.

 

6.         A direction that if the alleged violator elects to make a cash deposit, the statement which accompanies the citation shall be signed to indicate that the statement required under subsection (d)(2)g of this section has been read. Such statement shall be sent or brought with the cash deposit.

7.         Such other information as the town deems necessary.

 

c.         Form of citation. The form of the citation to be used by the town is on file in the town clerk's office and is adopted by reference as though fully set forth in this section.

 

d.         Schedule of deposits.   A schedule of cash deposits may be established for use with citations issued under this section of the Code by adoption of a resolution by the town board according to the penalty provisions of this Code or the Wisconsin Statutes, whichever is applicable. In the absence of a scheduled or statutorily mandated deposit amount for a particular violation, the deposit amount shall be $100.00 plus applicable court costs and assessments.

 

e.         Deposits shall be made in cash, money order or certified check to the clerk of circuit court who shall provide a receipt therefore.

 

4.         Procedure. Wis. Stats. §66.0113(3) and any amendments thereto, relating to violator's options and procedure on default, is hereby adopted and incorporated herein by reference.

 

5.         Nonexclusivity.

a.         Other ordinance. Adoption of this ordinance does not preclude the town board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter.

 

b.         Other remedies. The issuance of a citation under this section shall not preclude the common council or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.

 

6.         Special Inspection Warrants.  The provisions of Wis. Stats. §66.0119 shall govern the issuance of all special inspection warrants.

 

7.         Statute of Limitations.  Pursuant to Wis. Stat. §893.93(2)(b), any action to recover a forfeiture  or penalty imposed by ordinance or regulation, when no other limitation is prescribed by law, shall be commenced within two years of the violation.  In those situations in which there occurs a continuing violation in existence for more than two years prior to the issuance or the citation and wherein each day the violation exists continues to constitute a separate offense, no penalty may be imposed for each day a violation occurs more than two years prior to the issuance of the citation; a penalty may be imposed, however, for each day of the violation occurring within a two year period prior to the issuance of the citation.

 

State law references—Penalty for violation of ordinances, Wis. Stat. § 66.0109; bail generally, Wis. Stat. § 66.0111; outstanding unpaid forfeitures, Wis. Stat. § 66.0115; actions for violations of municipal ordinances, Wis. Stat. § 66.0114; fees of municipal courts, Wis. Stat. § 814.65; collection of forfeitures generally, Wis. Stat. § 778.10.

 

 

Sec. 1.110. Reserved.

 

Sec. 1.111. Supplementation of Code.

 

When preparing a supplement to this Code, the person authorized to prepare the supplement may make formal, non-substantive changes in ordinances and parts of ordinances included in the supplement, insofar as necessary to do so in order to embody them into a unified code. For example, the person may:

 

1.                  Arrange the material into appropriate organizational units.

 

2.                  Supply appropriate catchlines, headings and titles for chapters, articles, divisions, subdivisions and sections to be included in the Code and make changes in any such catchlines, headings and titles or in any such catchlines, headings and titles already in the Code.

 

3.                  Assign appropriate numbers to chapters, articles, divisions, subdivisions and sections to be added to the Code.

 

4.                  Where necessary to accommodate new material, change existing numbers assigned to chapters, articles, divisions, subdivisions or sections.

 

5.                  Change the words "this ordinance" or similar words to "this chapter," "this article," "this division," "this subdivision," "this section" or "sections ______ to      "(inserting section numbers to indicate the sections of the Code that embody the substantive        sections of the ordinance incorporated in the Code).

 

6.                  Make other non-substantive changes necessary to preserve the original meaning of the ordinances inserted in the Code.

 

Sec. 1.112. Fees and charges.

 

All fees and charges required by the town are set by the town board from time to time, and none of the provisions of this Code or the ordinance adopting this Code shall affect such fees and charges.

 


Chapter 2

 

ADMINISTRATION

 

Article I.   General

 

Sec. 2.101.      Statutes adopted.

Sec. 2.102.      Voter registration.

 

Article II.   Town Board

 

Sec. 2.103.      How constituted

Sec. 2.104.      Duties and powers

Sec. 2.105.      Board meetings

Sec. 2.106.      Accounts to be audited, filed and referred

Sec. 2.107.      Publication of ordinances

Sec. 2.108.      Order of business

Sec. 2.109.      Committees

Sec. 2.110.      Duties of presiding officer

Sec. 2.111       Duties/Election Of Town Clerk And Town Treasurer

Sec. 2.112.      Reserved.

 

Article III.    Officers and Employees

 

Division 1.    Generally

 

Sec. 2.113.      Term of office of appointive officials.

Sec. 2.114.      Vacancies in office of appointive officials.

Sec. 2.115.      Certificate of appointment.

Sec. 2.116.      Vacancy, when occurring.

 

Division 2.    Appointive Officials

 

Sec. 2.117.       Town Attorney; Town Constable

 

Article IV.   Boards, Commissions and Committees

 

Sec. 2.118.       Designated.

Sec. 2.119.       Robert's Rules of Order.

Sec. 2.120.       Additional commissions and committees.

 

Article V.   Finance

 

Sec. 2.121.       Receipts and earnings.

 


 

ARTICLE I. GENERAL

 

Sec. 2.101. Statutes adopted.

 

The provisions of Wis. Stat., Ch. 6, as amended, in regard to voter registration is incorporated and made a part of this section as if fully set forth at length.

 

Sec. 2.102. Voter registration.

 

1.                  Authorization. Before any adult resident of the town shall be permitted to vote at any election held within the limits of the town, he shall register as a qualified elector.

 

2.                  Registration. The town clerk/treasurer shall receive applications for registration at his/her office during regular office hours throughout the year and at such other places and at such times as he deems advisable, except that pre-registration for any election or primary shall be closed at 5:00 p.m. on the second Wednesday next preceding the election or primary. Registration at other times and places is permissible in accordance with Wis. Stat.,  Ch. 6.

 

ARTICLE II. TOWN BOARD

 

Sec. 2.103. How constituted.

 

The elective officials of the town board shall be a town chairman and two supervisors and shall constitute a board to be designated "Town Board of Texas," two of whom shall constitute a quorum, except when otherwise provided by law; and the chairman may administer oaths and affidavits in all matters pertaining to the affairs of the town. Unless otherwise set by resolution of the town board, meetings of the town board shall be held in the Town of Texas Municipal Center. The town board shall have the duties and powers as provided in this article.

 

State law reference—Town board generally, Wis. Stat. § 60.20 et seq.

 

Sec. 2.104. Duties and powers.

 

The town board shall have all of the powers and duties conferred upon it by Wis. Stats. § 60.22 et seq., as amended, which sections are incorporated by reference and made a part of this section as though fully set forth. In addition, the town board shall exercise powers relating to villages and conferred on village boards, having been lawfully authorized so to do by resolution of a town meeting held on April 11, 2000, which resolution was adopted pursuant to Wis. Stats. § 60.10(2)(c).

 

Sec. 2.105. Board meetings.

 

1.                  Regular meetings. Unless otherwise set by resolution of the board the regular meetings of the town board shall be held at the Town of Texas Municipal Center on the second Monday of each month, commencing with the first meeting of the town board after the annual town meeting at 7:00 p.m.

 

2.                  Special meetings. Special meetings of the town board may be called by the chairman at such times as he may appoint by oral or written notice of the purpose and time of the meeting to each member, which notice shall be given within a reasonable time prior to the meeting.

 

3.                  Adjournments. Any regular or special meeting may be adjourned by a majority of the members present at a town board meeting.

 

4.                  Meetings shall be public. All meetings of the town board shall be open and public, and all its procedures shall be recorded by the town clerk/treasurer or under his authorization in record books kept for that purpose.

 

5.                  Call to order. The town chairman shall promptly call each meeting of the town board to order at the hour fixed for the holding of such meeting. In case of the absence of the town chairman, the senior supervisor shall call the meeting to order and the supervisors present shall elect one of their number president pro tern.

 

6.                  Attendance; leave of absence. No member of the town board, the town clerk/treasurer, the designated law enforcement officer whose duty it shall be to attend a town board meeting shall absent himself from the meetings of the board unless for illness or other good cause without first having obtained leave of absence.

 

7.                  Disturbance, how suppressed. Whenever any disturbance or disorderly conduct shall occur in the town board meetings or rooms or halls adjacent to such meetings, the town chairman or other presiding officer of the board shall have power and authority by and with the aid of the designated attending law enforcement officer to cause the disturbance or disorderly conduct to be cleared of all persons except members and officers of the town board.

 

Sec. 2.106. Accounts to be examined.

 

Every account presented to the town board shall not be allowed or directed to be passed until it shall have been examined by the board; and no account shall be acted upon unless it has been filed with the town clerk at least by the Wednesday preceding the Monday upon which a town board meeting is to be held, at which meeting said account is to be presented.

 

Sec. 2.107. Publication/Posting of ordinances.

 

All ordinances adopted by the town board shall be published/posted as provided by Wis. Stat. § 60.80, as amended, and shall not be in effect until so published/posted unless otherwise provided.

 

Sec. 2.108. Order of business.

 

The order of business set forth in this section shall in all cases be adhered to, but the order may be temporarily suspended by majority vote.

 

1.                  Call of roll and announcement of presence or absence of a quorum.

 

2.                  Reading and correcting the minutes of the last preceding meeting or meetings unless dispensed with by the board without objection from any member.

 

3.                  Old business.

 

4.                  Reports of standing committees.

 

5.                  Reports of special committees.

 

6.                  New business.

Sec. 2.109. Committees.

 

1.                  Standing committees. The planning commission is a standing committee of the town board and the members shall be appointed by the town chairman with the consent of the board.

 

2.                  Special committees. Select or special committees may be provided for on motion or by resolution designating the number and object and, unless otherwise ordered, shall be appointed by the town chairman with the approval of the town board.

 

Sec. 2.110. Duties of presiding officer.

 

The presiding officer at meetings of the town board shall be the town chairman, unless otherwise provided, and shall have the following duties:

 

1.                  The chairman shall be the chief executive officer. He shall take care that town ordinances and state laws are observed and enforced and that all town officers and employees discharge their duties.

 

2.                  He shall give the board such information and recommend such measures as he may deem advantageous to the town.

 

3.                  He shall inform the town board when necessary or when referred to for that purpose on any point of order or practice.

 

4.                  He shall authenticate by his signature when necessary, all ordinances, resolutions, orders and proceedings of the meetings of the board over which he presides.

 

5.                  The chairman, or other presiding officer of the town board, shall preserve order and decorum, may speak to points of order in preference to others rising from his seat for that purpose, and shall decide questions of order subject to an appeal by any two members, on which appeal no member shall speak more than once unless by leave of the town board.

 

6.                  The chairman shall have such other duties as the board shall prescribe and as set forth in Wis. Stat. § 60.24.

 

Section 2.111.   Duties/Election Of Town Clerk And Town Treasurer.

 

1.         Elections.  The positions of town clerk and town treasurer shall be through the election of said persons for the terms provided by law.

 

2.         Duties.  The town clerk and town treasurer shall have those duties as provided in this Code and Wis. Stat. §§60.33 and 60.34.

 

Sec. 2.112. Reserved.

 

 

ARTICLE III. OFFICERS AND EMPLOYEES

 

DIVISION 1. GENERALLY

 

Sec. 2.113. Term of office of appointive officials.

 

All appointive officials, except as otherwise provided, shall hold their office for the term of two years and/or until their successors are lawfully appointed and qualified.

 

Sec. 2.114. Vacancies in office of appointive officials.

 

Vacancies in appointive offices shall be filled by appointment for the residue of the unexpired term by the appointing power and in the manner prescribed in this article for making regular full-term appointments.

 

 

Sec. 2.115. Certificate of appointment.

 

When an appointive official has filed the oath and bond as required, the town clerk shall issue to him a certificate of appointment. If the appointment is to a commission, the appointee shall file the certificate with the secretary of the commission.

                                                                            

Sec. 2.116. Vacancy, when occurring.

 

A vacancy shall occur in case of the dismissal or death of any official or in case of the removal of any officer from the town, or when any officer elected or appointed in, for, or from any part of the town shall remove his residence outside the limits of the town, or when any official shall refuse or neglect for 20 days after notice of his election or appointment to qualify and enter upon the discharge of his duties.

 

DIVISION 3. APPOINTIVE OFFICIALS

 

Sec. 2.117. Town Attorney; Town Constable.

 

1.                  The town attorney shall be appointed by the town board. The town attorney need not be a resident of the town.  The town attorney shall receive such compensation as the town board shall prescribe.

 

2.                  The Town Constable shall be appointed by the Town of Texas Town Board.

 

ARTICLE IV. BOARDS, COMMISSIONS AND COMMITTEES

 

Sec. 2.118. Designated.

 

The boards and commissions of the town are the Board of Appeals, Board of Review, and Plan Commission.

 

Sec. 2.119. Robert's Rules of Order.

 

Robert's Rules of Order, Newly Revised, shall apply at all town board, committee or commission meetings unless otherwise required by ordinance or statute.

 

Sec. 2.120. Additional commissions and committees.

 

The town board shall appoint additional commissioners and members of committees and shall form additional commissions and committees as it shall deem necessary for the efficient operation of the town.

 

ARTICLE V. FINANCE

 

Sec. 2.121. Receipts and earnings.

 

Whenever any town officer or employee is required to turn over any receipts or earnings to the town clerk monthly, such funds received by him/her during the month shall be turned over on or before the tenth day of the succeeding calendar month.

 


 

Chapters 3-5

 

RESERVED

 


Chapter 6

 

ALCOHOL BEVERAGES

 

 

Sec. 6.100.      Adoption by reference.

Sec. 6.101.      Issuance of licenses.

Sec. 6.102.      Retail liquor and beer license fees.

Sec. 6.103.      Issuance of operator’s license.

Sec. 6.104.      Operator’s license requirement.

Sec. 6.105.      Provisional operator’s license.

Sec. 6.106.      Business continuation.

 


Sec. 6.100. Adoption by reference.

 

The provisions of Wis. Stat. Ch. 125 are hereby adopted and by reference made a part of this section as if fully set forth herein.  Any person violating any provisions of this chapter shall, upon conviction, be subject to the penalties set forth in Wis. Stat. Ch. 125.

 

Sec. 6.101. Issuance of licenses.

 

Restrictions on issuing alcohol beverage licenses shall be as follows:

 

1.                  Premises. No initial or renewal alcohol beverage license shall be granted for any premises for which taxes, assessments or other claims of the town are delinquent and unpaid.

 

2.                  Persons. No initial or renewal alcohol license shall be granted to any person:

 

a.         Delinquent in payment of any taxes, assessments or other claims owed to the town.

 

b.         Delinquent in payment of a forfeiture resulting from a violation of any ordinance.

 

c.         Delinquent in payment to the state of any taxes owed.

 

Sec. 6.102. Retail liquor and beer license fees.

 

1.                  Class A licenses. The annual fees for class A licenses shall be from time to time set by the town board.

 

2.                  Class B licenses. The annual fees for class B licenses shall be as from time to time set by the town board.

 

Sec. 6.103. Issuance of operator's license.

 

The fee for an operator's license shall be from time to time as set by the town board and, except as otherwise provided, shall be issued for one year and shall expire on June 30 of the year for which issued.

 

Sec. 6.104. Operator's license requirement.

 

1.                  An operator's license shall be issued by the town clerk/treasurer only to persons qualified under Wis. Stat. § 125.04(5), as amended, 18 years of age or over, of good character, who have been citizens of the United States and residents of this state continuously for not less than ninety days prior to the date of the filing of the application. Such licenses shall be operative only within the limits of the town.  For the purpose of this section, any member of the immediate family of the licensee shall be considered as holding an operator's license.

 

2.                  No operator's license shall be issued, except as otherwise provided, unless the applicant has completed a responsible beverage server training course. Applicants are exempted from the training course requirement if they are renewing an existing operator's license, have completed the training course within two years prior to the date of making the application or have held a retail license, manager's or operator's license within the

preceding two years. Applicants may be issued a provisional operator's license if they are enrolled in a training course.

 

Sec. 6.105. Provisional operator's license.

 

The town clerk/treasurer shall issue a provisional operator's license to a person who has applied for an operator's license. The standards contained in Sections 6.103 and 6.104 shall apply to any person issued a provisional operator's license. Such license shall be effective for a period of 60 days or until a regular operator's license is issued, whichever event shall first occur. The fee for a provisional operator's license shall be set by the town board.

 

Sec. 6.106. Business Continuation.

 

1.                  As a condition of maintaining and keeping an alcohol beverage license in this town, any licensee must continue in business.  Issuance or retention of a license by a party not doing business is hereby declared to be against public policy and lacking in usefulness. 

 

2.                  The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

 

Business Continuation means:

 

Time of Operation.  The applicant must maintain appropriately zoned premises and be open for the business of selling liquor at least 100 days of the license period, with each day consisting of at least six continuous hours in a 24 hour period.  For each renewal application for licenses to take effect in July 2010 or thereafter, the applicant must have been open for the business of selling liquor for at least 100 days during the previous 12 months, except due to circumstances beyond its control, with each day consisting of at least six continuous hours in a 24-hour period.

 

Damage to Business Premises.  Any applicant whose place of business suffers damage that causes it to be non-operable for a period of time shall make every reasonable effort to timely remedy the damage in order to resume normal operations in six months or less from the date of damage.  Open means conducting business publicly at least six hours per calendar day.

 

3.                  If any licensed party violates this section, the Town Board may take disciplinary action, including reprimand, license suspension for a specified number of days (up to 90 days) or revocation.  Any license that has been revoked shall not be reinstated within the following 12 months.  Any disciplinary action taken shall follow notice to the licensee prior to a hearing.  The hearing notice, which will include the reason for the hearing, and later the hearing decision of the Board, will be sent by first class mail to the licensee’s last known address, or personally served at the Town Chairman’s option.

 

4.                  If disciplinary action is taken against an alcohol licensee, the procedure mandated under Wis. Stat. § 125.12 will be followed.  At present, the procedure requires personal service of the hearing notice (summons) and complaint, and a hearing within three to ten days thereafter.  If the licensee cannot be found, the summons may be published once in a newspaper of general circulation deemed most likely to provide notice to the license holder.

 

5.                  There shall be no refunds of any license fee paid to a party whose license is revoked.

 

6.                  In lieu of a hearing, the Town Board may accept surrender of the license, and the board shall then determine the time period before another application for the same type of license will be accepted from the former licensee.

 

7.                  Evidence and testimony at the hearing shall be done in open session.  The Clerk shall see that the hearing notice is posted or published in a format acceptable to the town chairman.

 

8.                  When a tenant has not done business in the licensed premises for at least 30 consecutive days, voluntarily vacated the premises more than 30 days before the Board decision, or was court ordered out of the premises with vacation to be at least 30 days before the Board’s decision, grounds for suspension or revocation exist.  Testimony of any party, eviction notice, court documentation or other valid evidence of such actions may be presented.  The board may issue a summons and set up the hearing date prior to the expiration of the 30-day period, any may makes its decision effective on a later date, in its discretion.

 

9.                  Unless no disciplinary action, including reprimand or probation, is offered by the Board, the license holder shall reimburse the Town for costs of personal service, mailing, fax costs and any per diem paid for a Town officer to attend the hearing or other meeting due to a license violation.  Payment of the fees shall earn five percent interest if unpaid within 30 days.  Payment shall be required before any future license is issued or reinstated to the license holder.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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