Table of Contents

Sec. 2-1. Authority to manage and direct town.

Sec. 2-2. Confirmation of statutory authority.

Sec. 2-3. Membership of town board; compensation; expense reimbursement.

Sec. 2-4. Quorum.

Sec. 2-5. Notice of meetings of the town.

Sec. 2-6. Open meetings.

Sec. 2-7. General statutory authority, powers and duties of town board.

Secs. 2-8--2-30. Reserved.

Sec. 2-31. Regular meetings.

Sec. 2-32. Special meetings.

Sec. 2-33. Adjourned meetings.

Sec. 2-34. Robert's Rules of Order, Newly Revised.

Secs. 2-35--2-60. Reserved.

Sec. 2-61. Standing committees.

Sec. 2-62. Appointment of committee members.

Secs. 2-63--2-90. Reserved.

Sec. 2-91. Appointment of special offices.

Sec. 2-92. Authority for oath and bond.

Sec. 2-93. Oath.

Secs. 2-94--2-110. Reserved.

Sec. 2-111. Short title; purpose.

Sec. 2-112. Authority, powers and duties.

Sec. 2-113. Administration of town.

Sec. 2-114. Town meetings.

Sec. 2-115. Emergency.

Secs. 2-116--2-130. Reserved.

Sec. 2-131. Short title.

Sec. 2-132. Authority.

Sec. 2-133. Clerk of town meetings.

Sec. 2-134. Elections, appointments and notices.

Sec. 2-135. Sale of real property.

Sec. 2-136. Contracts.

Sec. 2-137. Notices.

Sec. 2-138. Licenses.

Sec. 2-139. Checks.

Sec. 2-140. Budget.

Sec. 2-141. Board of review.

Secs. 2-142--2-160. Reserved.

Sec. 2-161. Short title.

Sec. 2-162. Authority, powers and duties.

Sec. 2-163. Checks.

Sec. 2-164. Deposit of town money.

Sec. 2-165. Records.

Sec. 2-166. Taxes.

Secs. 2-167--2-185. Reserved.

Sec. 2-186. Short title.

Sec. 2-187. Authority, powers and duties.

Sec. 2-188. Appointment.

Sec. 2-189. Property tax assessment.

Sec. 2-190. Confidentiality.

Secs. 2-191--2-205. Reserved.

Sec. 2-206. Authority, powers and duties.

Secs. 2-207--2-225. Reserved.

Sec. 2-226. Appointment.

Secs. 2-227--2-245. Reserved.

Sec. 2-246. Appointment; termination.

Sec. 2-247. Compensation.

Secs. 2-248--2-265. Reserved.

Sec. 2-266. Retention.

Sec. 2-267. Compensation.

Sec. 2-268. Duties.

(a) The regular meeting of the town board will be held at the town hall, located at W9046 County Highway "A" at 7:00 p.m. on the second Tuesday of each month, or at a time as determined by the town board.

(b) Any regular meeting of the town board falling upon a legal holiday shall be held on the day designated by the town board.

(c) Any meetings of the town board, including any special or adjourned meetings, that are not held at the town hall but at any other substitute location shall be designed by the town chair or his designee, in compliance with the open meeting law, by posting a proper written notice of the substituted location at the three usual and customary posting locations likely to give notice. This notice shall occur at least 24 hours prior to the meeting of the town board, unless in an emergency wherein the proper notice posting shall occur at least two hours prior to the meeting of the town board.

(a) Any special meeting of the town board may be called by any two members of the town board in writing with the written call for the special meeting of the town board filed with the town clerk at least 24 hours prior to the proposed special meeting of the town board with the time specified in the written call for the special meeting.

(b) No special meeting of the town board shall be held unless the notice requirement of the state open meeting law, pursuant to Wis. Stats. § 19.84, has been complied with by the person requesting the public meeting.

(c) The town clerk, upon receipt of the written call for the special meeting of the town board, shall immediately notify, in writing, each member of the town board by delivering the written notice or by having the written notice delivered personally or via fax to each member of the town board. If any member of the town board cannot be personally notified in writing, then the town clerk shall deliver or have delivered a copy of the written notice at the home of any such member of the town board in the presence of an adult member of the family of the town board member. If any member of the town board cannot be noticed in writing through an adult family member as noted in this subsection, then the town clerk shall post such special meeting written notice in the above noted three usual and customary locations. The town clerk shall also attempt to notify the town board member who cannot be served with the notice of the special meeting by emailing their personal email, if known; and/or leaving a message on their telephone answering machine.

(d) The town clerk shall file proof of service of such special meeting notice by filing an affidavit noting the time, place and locations of authorized service of the special meeting notice upon the town board of the town. If personal service upon any member of the town board was not completed, then the town clerk shall so state in the affidavit the type of service or written notice completed.

(e) Special meetings of the town board may be held without such service and notice when all members of the town board are present in person or consent in writing to the holding of any special meeting of the town board. Any consent by any member of the town board shall be filed by the town clerk prior to the beginning of any special meeting of the town board.

(f) Special meetings of the town board attended by a quorum of the members shall be considered a regular meeting of the town board for the transaction of any town business that may come before the town board if such regular town business was so noted in the written notice to the public as required by the state open meeting law, Wis. Stats. § 19.82.

(a) The town board has the specific statutory authority, powers and duties pursuant to Wis. Stats. §§ 60.20, 60.22 and 60.31 to require that certain elected officials take an official oath and to require that they file the appropriate bond.

(b) The town board has, by the adoption of this division, confirmed the specific statutory authority, powers and duties noted in Wis. Stats. ch. 60 (Wis. Stats. § 60.01 et seq.) and has established, pursuant to such chapter and this division, other statutory authority, powers and duties of the town board related to requiring the taking of oaths and the filing of bonds.

(a) Generally. All elected officers and appointed officers of the town, except elected assessors and municipal judges, shall take and file the oath set forth in this section within five days after notification of election or appointment by the town clerk. The written oath of office and the oral oath of office, pursuant to Wis. Stats. § 19.01, shall be substantially in the form set forth in subsection (b) of this section.

(b) Written oath.

STATE OF WISCONSIN

County of Walworth

I, the undersigned, who have been elected (or appointed) to the office of _________, but have not yet entered upon the duties thereof, _________ swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Wisconsin, and will faithfully discharge the duties of such office to the best of my ability. So help me God.

Subscribed and sworn to before me this _________ day of _________, 20________.

(c) Filing locations. The official oath of all elected officers and appointed officers of the town shall be filed with the town clerk except that the town clerk shall file his oath with the town treasurer.

(d) Failure to file oath. If any elected officer or appointed officer of the town fails to file the proper oath within the time prescribed by statute, the failure to file constitutes refusal to serve in the office. No municipal judge in the town shall be paid a salary for any time during the term during which the municipal judge has not executed and filed his oath.

(a) The town board and the town clerk have specific statutory authority, powers and duties, pursuant to Wis. Stats. §§ 60.10, 60.15, 60.33 and 60.331, to manage and direct certain affairs of the town. In addition, the town clerk has certain additional general and specific statutory authority, powers and duties beyond Wis. Stats. ch. 60 and has certain statutory authority, powers and duties with certain authorization of the town meeting.

(b) The town board has, by adoption of this division, confirmed the specific statutory authority, powers and duties of the town clerk noted in Wis. Stats. ch. 60 (Wis. Stats. § 60.01 et seq.), and has established, pursuant to Wis. Stats. ch. 60 (Wis. Stats. § 60.01 et seq.) and this division, other statutory authority, powers and duties of the town clerk to manage and direct certain affairs of the town.

(a) The town clerk shall perform the duties required by Wis. Stats. chs. 5, 10 and 12 (Wis. Stats. §§ 5.01 et seq., 10.01 et seq., 12.01 et seq.) relating to elections and notices.

(b) The town clerk shall transmit to the county clerk, within ten days after election or appointment and qualification of any town supervisor, treasurer, assessor or clerk, a written notice stating the name and post office address of the elected or appointed officer. The town clerk shall promptly notify the county clerk of any subsequent changes in such offices.

(c) The town clerk shall coordinate with the county clerk all elections including, but not limited to ballots, election inspectors, election equipment, results and any and all other matters concerning the election.

(d) The town clerk shall transmit to the county clerk of circuit court, immediately after the appointment of any certified or noncertified law enforcement officer in the town, a written notice stating the name of the law enforcement officer and the term for which he was appointed.

(e) The town clerk shall transmit to the county clerk of circuit court, immediately after the passage a copy of the ordinances of the town and update the changes to the ordinances so that they are available to the circuit court judges.

(a) The town clerk shall publish or post ordinances and resolutions as required under Wis. Stats. § 60.80.

(b) The town clerk shall give notice of town annual and special town meetings, and produce an agenda for each and every meeting, which may also be the notice, as required under Wis. Stats. §§ 60.11(5) and 60.12(3).

(a) The town board and the town treasurer have the specific authority, powers and duties, pursuant to Wis. Stats. §§ 60.10, 60.22, 60.34 and 60.341, to manage and direct certain affairs of the town. In addition, the town treasurer has certain additional statutory authority, powers and duties beyond Wis. Stats. ch. 60 (Wis. Stats. § 60.01 et seq.) and certain statutory authority, powers and duties with authorization of the town meeting.

(b) The town board has, by adoption of this division, confirmed the specific statutory authority, powers and duties of the town treasurer noted in this section and in Wis. Stats. ch. 60 (Wis. Stats. § 60.01 et seq.) and has established, pursuant to Wis. Stats. ch. 60 (Wis. Stats. § 60.01 et seq.) and this division, other statutory authority, powers and duties of the town treasurer to manage and direct certain affairs of the town.

(c) The town treasurer shall make a report to the town board at the monthly meeting, and submit the account book and all other supporting documents as requested by the town board.

(d) Any and all accounting will be performed in accordance with the most recently issued Statements of the Governmental Accounting Standards Board.

(e) The town treasurer shall maintain accounting of all expenditures, per the budget, or amended budget that has been passed by the town board.

(a) The town board has the specific authority, powers and duties pursuant to Wis. Stats. §§ 60.10 and 60.307 and has, with authorization of the town meeting, additional statutory authority, powers and duties related to assessors. This authority does not apply to any town within the jurisdiction of a county assessor under Wis. Stats. § 70.99.

(b) The town board has, by the adoption of this division, confirmed the specific statutory authority, powers and duties established in Wis. Stats. chs. 60, 66, 70 and 79 (Wis. Stats. §§ 60.01 et seq., 66.01 et seq., 70.01 et seq. and 79.01 et seq.) and has established, pursuant to these chapters and this division, other statutory authority, powers and duties of the town assessor of the town.

(a) The town board and the town water patrol has the specific statutory authority, powers and duties, pursuant to Wis. Stats. §§ 60.22(4) and 60.35 and has, with authorization of the town meeting, additional statutory authority, powers and duties related to law enforcement officers.

(b) The town board has, by adoption of this division, confirmed the statutory authority, powers and duties noted in this section in Wis. Stats. ch. 60 (Wis. Stats. § 60.01 et seq.) and has established, pursuant to that chapter and this division, other statutory authority, powers and duties of the town water patrol of the town.

(a) The town board may, pursuant to Wis. Stats. § 81.02, appoint one or more superintendents of highways.

(b) The town chair may remove any superintendent of highways without cause.

(a) The town board shall negotiate and establish the compensation of the town attorney in a contract for the designation, retention or employment of an attorney based on a regular salary, per diem rate, retainer, hourly rate or other methods agreed to by the attorney and the town board.

(b) No costs or expenses shall be incurred for the town by the attorney without prior written approval by the town board.

Sec. 6-1. Authority.

Sec. 6-2. Qualifications of applicants for licenses.

Sec. 6-3. Application requirements.

Sec. 6-4. License fees; duration.

Sec. 6-5. Town clerk's duties.

Sec. 10-1. Authority.

Sec. 10-2. Purpose.

Sec. 10-3. Scope.

Sec. 10-4. Wisconsin Uniform Dwelling Code Adopted.

Sec. 10-5. Building inspector--Generally.

Sec. 10-6. Same--Powers.

Sec. 10-7. Inspections.

Sec. 10-8. Building permit required.

Sec. 10-9. Records.

Sec. 10-10. Submissions of plans.

Sec. 10-11. Occupancy permit for new construction.

Sec. 10-12. Maintenance of construction site.

Sec. 10-13. Fees.

Sec. 10-14. Penalties.

Sec. 10-15. Severability.

Sec. 10-16. Driveway/culvert installation.

Sec. 10-17. Demolition, condemnation.

Sec. 10-18. Enforcement.

Sec. 10-19. Amendments.

Secs. 10-20--10-50. Reserved.

Sec. 10-51. Building permits.

Secs. 10-52--10-80. Reserved.

Sec. 10-81. Purpose.

Sec. 10-82. Scope.

Sec. 10-83. Inspection.

Sec. 10-84. Definitions.

Sec. 10-85. Service of notices and orders.

Sec. 10-86. Emergency orders.

Sec. 10-87. Standards of equipment and facilities.

Sec. 10-88. Outdoor storage of materials.

Sec. 10-89. Maintenance of premises.

Sec. 10-90. Failure to comply with order.

Sec. 10-91. Penalties for violations.

Secs. 10-92--10-120. Reserved.

Sec. 10-121. Definitions.

Sec. 10-122. Penalty.

Sec. 10-123. Permit required.

Sec. 10-124. Permit application; bond.

Sec. 10-125. Interfering structures.

Sec. 10-126. Fees.

Sec. 10-127. Supervision.

Sec. 10-128. Route.

Sec. 10-129. Trimming of trees.

Sec. 10-130. Small buildings; exemption.

Sec. 10-131. Dilapidated buildings.

Sec. 10-132. Additional rules and regulations.

Secs. 10-133--10-160. Reserved.

Sec. 10-161. Uniform numbering system adopted.

Sec. 10-162. Penalty.

Sec. 10-163. Assignment of numbers.

Sec. 10-164. Administration.

(a) This chapter applies to all one- and two-family dwellings, whether constructed before or after promulgation of the Wisconsin Uniform Dwelling Code on June 1, 1980. Also included are residential accessory buildings greater than 150 square feet, detached garages, decks, foundation repairs, additions that increase the physical dimensions of buildings, including bay windows and alterations to a building structure, or alterations to the building's heating, electrical or plumbing systems with a market value exceeding $1,000.00, the razing or moving of buildings, and swimming pools.

(b) Specifically excluded are children's play structures, commercial buildings, and multifamily dwellings.

(c) Farm buildings are required to obtain a permit as described in this chapter, but are not subject to other requirements of this chapter.

(a) The building inspector or an authorized certified agent may at all reasonable hours enter upon any public or private premises for inspection purposes and may require the production of the permit for any building, plumbing, electrical or heating work. No person shall interfere with or refuse to permit access to any such premises to the building inspector or his agent while in the performance of his duties.

(b) The building inspector shall be delegated:

(a) The following inspections shall be requested 48 hours in advance by the applicant/contractor or property owner as applicable.

(b) Failure to request any inspection will be the responsibility of the contractor and/or property owner.

(a) Prior to commencing any of the following work, the owner or his agent shall obtain a valid permit from the town building inspector:

(b) Exempted are minor repaired deemed by the building inspector to have a market value of less than $1,000.00. Further excluded, regardless of value, are re-siding, re-roofing, and cosmetic finishing of interior surfaces.

(a) The enforcement of this chapter and all other laws and ordinances relating to building shall be by means of the withholding of building permits, imposition of forfeitures and injunctive action. Forfeitures shall be not less than $25.00, nor more than $1,000.00 for each day of noncompliance.

(b) If violations are not corrected but work continues on a specified project, the town board has given authority to the building inspector to place a stop work order on such project.

(a) Culverts. Culverts necessary for proper drainage shall be installed after elevation and location is obtained from the town board. The minimum length of any culvert installed in any roadbed shall be 40 feet in length, however, the diameter and length of such culvert shall be subject to approval of the town board, after the amount of flowage is determined. Secondary culverts installed in any lateral trenches will be of a size and length determined by the town board. The town board may require end sections upon all culverts, and any additional erosion controls deemed necessary by the town board.

(b) Approval required for driveway construction; fee. No person shall construct or maintain any driveway leading into a public highway or town road without first obtaining a driveway permit from the town board and paying therefor the fee of $5.00.

(c) Specifications for driveway construction.

(a) No building or structure or any part thereof, being used for residential purposes or agricultural purposes shall hereafter be built, enlarged or altered within the town unless a permit shall first be obtained by the owner or his agent from the building officer, upon payment of a fee as follows:

(a) Under this article any member of the town board or the building inspector, upon receiving a written complaint that is signed by the person initiating the complaint, is authorized to inspect the property for the violations stated in the complaint.

(b) The inspection shall be concerned with only those violations that are stated in the complaint. If the complaint is judged to be reasonable, written notice shall be served in accordance with subsection 10-85(a).

(c) If access to the property is denied, the building inspector can, without inspection, judge the complaint to be reasonable.

(d) The building inspector shall evaluate the complaint, perform inspection work as authorized by the state and other assignments and duties as required by this article.

(a) Generally. When terms are not defined under the provisions of this article or any other town ordinance, they shall have ascribed to them their ordinary accepted meanings or such meaning as the context of this article may imply. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

(b) Meaning of certain words. Whenever the words "building," "premises" and "property" are used in this article, they shall be construed as though they were followed by the phrase "or any part thereof."

(a) Service of notice. Violations of this article shall be outlined in written form and shall be served upon all affected occupants or owners or their agents. Such notice and order shall be served in person or by certified mail to the last known address of the person to be notified.

(b) Contents of notice. Such notices and orders shall include:

(c) Extension for compliance. The time period for compliance may be extended only at the discretion of the town board who shall base their decision on the seriousness of the problem and the time required to remedy it.

(d) Appeal. Any person affected by a notice or order related to enforcement of this article shall be entitled to appeal such notice or order before the town board.

(e) Grievance. Any petitioner aggrieved by the decision of the town board may seek relief therefrom by having the decision reviewed by the county circuit court within 30 days of the filing of the town board's decision.

(f) Action during appeal. The town board shall not seek punitive nor remedial action against any owner or occupant of a building affected by such orders while the orders are being appealed. This subsection shall not absolve the owner or occupant of liability for violations of this article during the appeal process.

(a) Every building shall have safe, unobstructed means of exiting leading to safe and open space at ground level. Each exit and access thereto required by this and other applicable ordinances shall be maintained in good repair.

(b) All buildings and structures and all parts thereof shall be maintained in good working order and in a safe condition. All devices and safeguards required by building, electrical, plumbing and heating/air conditioning codes shall be maintained.

(a) Maintenance shall not apply to private possessions stored inside a building, the outdoor storage of building materials while construction or alterations are taking place on the site, and recreational equipment useable and in good repair.

(b) Maintenance shall not apply to firewood neatly stacked in the rear yard of the property. The firewood must be cut to lengths of less than four feet and less than two feet in diameter. Firewood storage shall not include any chemically treated or painted wood.

(c) Commercial properties may store materials outdoors consistent with the zoning code and the permitted use of the property.

(a) Discharge of water. Discharge of water from sump pumps and gutters, downspouts and extensions shall be directed to drain away from habitable buildings and shall not be permitted to create a nuisance upon any public property.

(b) Drainage of premises. Every premises shall be properly drained by the owner so as to prevent stagnant water from accumulating thereon. Swimming and wading pools and other sources of water storage shall not be drained on or through neighboring property.

(c) Vacant land. The provisions of this section shall also apply to vacant lands.

(a) Any person desiring to obtain a permit authorizing the moving of a building over a road within the town shall make application therefor to the town chairperson. The application shall furnish the following information:

(b) The application shall be accompanied by a surety company bond, in the penal sum of $50,000.00 conditioned on the faithful performance of the applicant of all requirements of this article, to indemnify the town and to save it harmless against any and all claims, demands or causes of action whatsoever which might arise or accrue against it by reason of granting such permit or the exercise of any privilege thereby conferred, and to repay all damages which may be suffered by the town or any person by reason of exercise of the permit, including by way of illustration, but not of limitation, injury to pavements, curbs, sidewalks, driveways, poles, wires or trees.

(a) All properties or parcels of land within the boundaries of the town shall be identified by reference to the uniform numbering system adopted in this article.

(b) All properties on the east side of north-south roads and all properties on the north side of east-west roads shall be assigned even numbers. All properties on the west side of north-south streets and all properties on the south side of east-west roads shall be assigned odd numbers. An appropriate prefix of N or W will precede the number.

(c) Each principal building shall bear the number assigned to the frontage on which the front entrance is located. In case a principal building is occupied by more than one business or family dwelling unit, each separate front entrance of such principal building shall bear a separate number.

(d) Numerals indicating the official numbers for each principal building on each front entrance to such building shall be mounted on a metal post. To ensure uniformity, official numbers shall be located in the most visible side of the entrance at approximately five feet in height and as close as possible to the front edge of the property.

(a) The town clerk, or an outside firm contracted by the town, shall be responsible for maintaining the numbering system.

(b) The town clerk shall keep a record of all numbers assigned under this article.

(c) Upon receipt of number notification from the county land management department and payment of a $15.00 charge for materials, the building inspector shall instruct the town maintenance employee to erect the metal post and numerals at the designated location.

Secs. 14-1--14-30. Reserved.

Sec. 14-31. Definitions.

Sec. 14-32. License requirements.

Sec. 14-33. Application for license.

Sec. 14-34. Standards for issuance of license.

Sec. 14-35. Fees.

Sec. 14-36. Display of license or permit.

Sec. 14-37. Renewal of license or permit.

Sec. 14-38. Revocation of license.

Sec. 14-39. Physical layout of adult oriented establishment.

Sec. 14-40. Regulations.

Sec. 14-41. Responsibilities of the operator.

Sec. 14-42. Administrative procedure and review.

Sec. 14-43. Exclusions.

Sec. 14-44. Severability.

Sec. 14-45. Penalty.

Sec. 14-46. Enforcement.

(a) Except as provided in subsection (d) of this section, from and after the effective date of the ordinance from which this article is derived, no adult oriented establishment shall be operated or maintained in the town without first obtaining a license to operate issued by the town.

(b) A license may be issued only for one adult oriented establishment located at a fixed and certain place. Any person who desires to operate more than one adult oriented establishment must have a license for each establishment.

(c) No license or interest in a license may be assigned or transferred by the holder thereof to any person.

(d) The operator of an adult oriented establishment existing at the time of the passage of the ordinance from which this article is derived must submit an application for a license within 90 days of the passage of such ordinance. If an application is not received within such 90-day period, then such existing adult oriented establishment shall cease operations.

(a) Any person desiring to secure a license shall make application to the town clerk. The application shall be filed in triplicate with and dated by the town clerk.

(b) The application for a license shall be upon a form provided by the town clerk. An applicant for a license, who is interested directly in the ownership or operation of the business, shall furnish the following information under oath:

(c) Within four days of receiving an application for a license, the town clerk shall refer the matter to the town board for action.

(d) The town board shall act on the application within 30 days of its filing with the town clerk to approve or disapprove the application.

(e) Within three days of town board action, the town clerk shall notify the applicant whether the application is granted or denied.

(f) Whenever an application is denied, the town clerk shall advise the applicant in writing of the reasons for such action. The applicant may request administrative review of the denial under the provisions of Wis. Stats. ch. 68 (Wis. Stats. § 68.01 et seq.).

(g) Failure or refusal of the applicant to give any information relevant to the investigation of the application, applicant's refusal or failure to appear at any reasonable time and place for examination under oath regarding such application or applicant's refusal to submit to or cooperate with any investigation required by this article shall constitute an admission by the applicant that he is ineligible for such license and shall be grounds for denial thereof by the town board.

(a) To receive a license to operate an adult oriented establishment, an applicant must meet the following standards:

(b) No license shall be issued for any adult oriented establishment which is licensed for the sale at retail of intoxicating liquor, wine or fermented malt beverages for consumption on the premises.

(a) Every license issued pursuant to this article will terminate on June 30 next following the date of issuance, unless sooner revoked, and must be renewed before operation is allowed in the following year. Any operator desiring to renew a license shall make application to the town clerk. The application for renewal must be filed not later than 60 days before the license expires. The application for renewal shall be filed in triplicate with and dated by the town clerk. The application for renewal shall be upon a form provided by the town clerk and shall contain such information and data given under oath or affirmation as is required for an application for a new license. The same procedure shall be followed as for an original license application.

(b) A license renewal fee of $250.00 shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of $100.00 shall be assessed against the applicant who files for a renewal less than 60 days before the license expires. If the application is denied, one-half of the total fees collected shall be returned.

(a) The town board shall revoke a license or permit for any of the following reasons:

(b) The town board, before revoking or suspending any license or permit, shall give the operator at least ten days' written notice of the charges against him and the opportunity for a public hearing before the town board as provided in this article.

(c) The assignment or transfer of a license or any interest in a license shall automatically and immediately revoke the license.

(d) Any operator whose license is revoked shall not be eligible to receive a license for one year from the date of revocation. No location or premises for which a license has been issued shall be used as an adult oriented establishment for six months from the date of revocation of the license.

(a) No adult oriented establishment may remain open at any time between the hours of 1:00 a.m. and 8:00 a.m. on weekends and Saturdays, and 1:00 a.m. and 12:00 p.m. on Sundays.

(b) No employee of an adult oriented establishment shall solicit any pay or gratuity from any patron or customer nor shall any patron or customer pay or give any gratuity to any employee in an adult oriented establishment.

(c) No employee of an adult oriented establishment shall touch a patron or customer nor the clothing of a patron or customer.

(d) No employee of an adult oriented establishment shall allow any minor to loiter around or to frequent an adult oriented establishment or allow any minor to view adult entertainment as defined in this article.

(a) Every act or omission by an employee constituting a violation of the provisions of this article shall be deemed the act or omission of the operator if such act or omission occurs, either with the authorization, knowledge or approval of the operator or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.

(b) Any act or omission of any employee constituting a violation of the provisions of this article shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended or renewed.

(c) No employee of an adult oriented establishment shall allow any minor to loiter around or to frequent an adult oriented establishment or allow any minor to view adult entertainment as defined in this article.

(d) The operator shall maintain the premises in a clean and sanitary manner at all times.

(e) The operator shall maintain at least ten footcandles of light in the public portions of the establishment, including aisles, at all times. However, if a lesser level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in such aisles provided, however, at no time shall there be less than one foot candle of illumination in such aisles as measured from the floor.

(f) The operator shall ensure compliance of the establishment and its patrons with the provisions of this article.

(g) No alcoholic beverages shall be consumed on the licensed premises on the day of any performance governed under this article.

Sec. 18-1. Joint action emergency plan.

Sec. 18-2. Coordinator of emergency government.

Sec. 22-1. Short title; purpose.

Sec. 22-2. Authority of town board to regulate.

Sec. 22-3. April election.

Sec. 22-4. Nomination for office.

Sec. 22-5. Eligibility for office.

Sec. 22-6. Election procedure.

Sec. 22-7. Voter registration.

(a) The town board has the specific authority, pursuant to Wis. Stats. §§ 5.15, 5.25, 5.40, 5.91, 6.27, 6.79, 8.05, 60.10, 60.21, 60.30, 60.305, 60.307 and 66.11, to regulate elections, establish election procedures and to establish certain offices and the terms of those offices.

(b) The town board has, by adoption of this article, confirmed the statutory authority, powers and duties in Wis. Stats. chs. 5, 6, 8, 60 and 66 (Wis. Stats. §§ 5.01 et seq., 6.01 et seq., 8.01 et seq., 60.01 et seq. and 66.01 et seq.) and establishes, pursuant to such chapters and this article, other statutory authority, powers and duties of the town board related to certain elections, certain election procedures and certain offices and the terms of those offices.

(a) Voter registration. The town does require voter registration.

(b) Polling hours. The town shall have the election polls open on election day from 8:00 a.m. to 8:00 p.m. unless the time is extended by the town board.

(c) Polling locations. The polling locations for the town shall be at the town hall unless designated otherwise by the town board.

(d) Wards. The town is divided into three voting wards.

Sec. 26-1. Fire protection contract authorized.

Sec. 26-2. Notice to agency of time, place of planned burning.

Sec. 26-3. Posting of notices during fire hazard emergency.

Sec. 26-4. Costs of fire services.

Secs. 26-5--26-30. Reserved.

Sec. 26-31. Purposes.

Sec. 26-32. Permit required.

Sec. 26-33. Requirements for use of explosives.

Sec. 26-34. Inspection of blasting site.

Sec. 26-35. Penalty.

(a) When the agency providing fire protection under contract to the town is called to provide service to a property owner in the town, the cost of that service shall be charged to that property owner as provided in Wis. Stats. § 60.55(2)(b).

(b) Title costs of fire calls as outlined in subsection (a) shall be billed by the town clerk to the property owner and paid to the town treasurer within 60 days of the date of the bill. The failure to pay the bill within 60 days will result in interest being charged at the rate of one percent per month from the date of the bill. Those bills remaining outstanding, including interest, for more than 90 days as of November 1 of any year, shall become a lien against the real estate from which fire protection was provided and shall be placed on the tax roll as a delinquent special charge pursuant to Wis. Stats. § 66.60.

(a) No person shall use any explosive within the town without first obtaining a permit therefor from the town clerk or town chairman. Application for such permit shall be filed with the town clerk in writing, on a form furnished for such purpose. Every application for blasting permit shall state, as to the proposed blasting, the following:

(b) Applicants, when requested by the town clerk, must show compliance with all applicable municipal ordinances, the Wisconsin Statutes, and the Wisconsin Administrative Code.

(c) The town clerk may, from time to time, revise the application form to require such additional information such as the clerk, in consultation with the police department, fire department and/or town board, shall deem necessary to carry out the purposes of this article.

(d) The fee for blasting permits shall be $25.00 per blast, due and payable with the application. Permits shall not be transferable, and may be issued only to individuals, not to corporations or partnerships.

(a) Except for fireworks displays authorized by a specialized resolution of the town board, no permittee under this article shall blast or drill in preparation for blasting except between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday. No blasting shall take place on any holiday.

(b) Permittees shall notify persons who may be affected by their blasting by giving such persons at least 48 hours' notice of the time when each blast is scheduled to take place. The town clerk shall designate to the permittee the names and addresses of those persons to receive such notice. Notice shall be by mail.

(c) Permittees shall keep a record of the date and time of each blast, location of shots, number of holes for explosives, depth of holes, amount of explosives used, and the persons given notice thereof pursuant to subsection (b) of this section, and shall be required upon request to exhibit such record to any police officer, firefighter or elected official of the town.

(d) All incidents of permitted blasting shall be within one hour on either side as to the time each blast is scheduled to take place according to the permit application and to any notice given to persons who may be affected by such blasting. Exceptions may be granted by the town clerk or the town chairman due to atmospheric conditions to allow an incident of blasting in the next available opportunity without issuance of another permit.

(e) Without the prior written consent of the affected owner or governmental unit, no permittee shall place or explode any explosive within 200 feet of any public road or structure not owned by such permittee. For the purposes of this subsection, a structure shall include any building, well or septic system and facilities connected with such structures and necessary to their operation.

(f) No permittee shall, in any one instance of blasting, employ more than 30 holes and none of those holes shall be more than 20 feet deep.

(g) With reference to blasting activities allowed under the five license classifications defined by Wis. Admin. Code Comm. § 7.11(4), any permittee engaging in class 1 blasting activities shall be required to show proof of financial responsibility in the minimum amount of $5,000.00; for class 2 blasting activities the minimum amount shall be $10,000.00; for all other classes of blasting activities, the minimum amount shall be $25,000.00. Proof of financial responsibility shall be accomplished only by proof of insurance or bond.

Sec. 30-1. Firearms.

(a) Notice is hereby given that it shall be unlawful to carry any loaded firearm or to discharge any firearm from all roads or in any residential subdivision in the town.

(b) Violation of this section shall result with a maximum fine of $10.00 or a ten-day jail sentence.

Sec. 34-1. Community park designated.

Sec. 34-2. Rules and regulations.

Sec. 34-3. Penalty.

(a) The following rules and regulations have been set up by the town board for use of the park and must be observed by all persons using the park:

(b) The rules in this section may be added to or amended at the discretion of the town board.

Sec. 38-1. Brush collection policy and schedule.

Sec. 38-2. Collection fees.

Sec. 38-3. Billing and payment.

Sec. 38-4. Remedies for failure to make payments.

Secs. 38-5--38-30. Reserved.

Sec. 38-31. Purpose.

Sec. 38-32. Statutory authority.

Sec. 38-33. Abrogation and greater restrictions.

Sec. 38-34. Interpretation.

Sec. 38-35. Severability.

Sec. 38-36. Applicability.

Sec. 38-37. Administration.

Sec. 38-38. Effective date.

Sec. 38-39. Definitions.

Sec. 38-40. Separation of recyclable materials.

Sec. 38-41. Separation requirements exempted.

Sec. 38-42. Care of separated recyclable materials.

Sec. 38-43. Management of lead acid batteries, major appliances, waste oil and yard waste.

Sec. 38-44. Preparation and collection of recyclable materials.

Sec. 38-45. Responsibilities of owners or designated agents of multiple-family dwellings.

Sec. 38-46. Responsibilities of owners or designated agents of nonresidential facilities and properties.

Sec. 38-47. Establish fees.

Sec. 38-48. Town recycling committee.

Sec. 38-49. Promulgation of regulations.

Sec. 38-50. Prohibitions on disposal of recyclable materials separated for recycling.

Sec. 38-51. Recyclables from outside of the town.

Sec. 38-52. Anti-scavenging provision.

Sec. 38-53. Insurance.

Sec. 38-54. Enforcement.

(a) Brush located at the curbside will be chipped. The first 15 minutes of chipping will be free of charge. Any chipping after the first 15 minutes will be charged to the property owner at a rate of $30.00 per ten-minute increment.

(b) Any property owner who wants a special brush collection time can call the town hall for an appointment. The minimum fee for this service shall be $30.00 for the first 15 minutes and $30.00 for each ten-minute increment thereafter.

(a) Suit. Any collection fees due from any person or user shall be deemed to be a debt due to the town from that person or user. If collection fees are not paid when due, the town board may commence an action in a court of competent jurisdiction; and recover from such person or user the amount of charges or fees and damages, if any, sustained by the town as a result of such failure to pay, together with reasonable attorney fees and such costs and expenses as may be allowed by law.

(b) Lien on property. As an alternative to the suit described in subsection (a) of this section, the town board directs that unpaid collection fees shall automatically be extended upon the current or next tax roll as a delinquent tax against the property in the manner provided for in Wis. Stats. § 66.60(16).

(a) Each residential unit in the town shall be provided with one authorized recycling collection container per unit. All recyclable materials shall be prepared as directed in this section. Such container for recyclables shall be placed within five feet of the roadside prior to 7:00 a.m. on the designated day of pick up in an area of easy accessibility for collection in the same manner and at the same time as regular garbage collection occurs. All nonrecyclable materials must be contained in an approved container. Recyclables that have been scattered by wind, animals, or vandals shall be the responsibility of the residents.

(b) Commercial establishments will be required to contract separately, at their own expense, for the proper handling of recyclables.

(c) Except as otherwise directed by the town board, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated materials specified in subsections 38-40(5)--(15):

(a) Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in subsections 38-40(5)--(15):

(b) The requirements specified in subsection (a) of this section do not apply to the owners or designated agents of multiple-family dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the department of natural resources that recovers for recycling the materials specified in subsections 38-40(5)--(15) from solid waste in as pure a form as is technically feasible.

(a) Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in subsections 38-40(5)--(15):

(b) The requirements specified in subsection (a) of this section do not apply to the owners or designated agents of nonresidential dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the state department of natural resources that recovers for recycling the materials specified in subsections 38-40(5) through (15) from solid waste in as pure a form as is technically feasible.

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

(b) Any person who violates a provision of this article may be issued a citation by the town chairman. The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this paragraph. In the event a person other than the town chairman is designated pursuant to Wis. Stats. § 159.09(3)(a), to implement specific components of the recycling program, then that person shall have authority to issue citations under this section.

(c) Penalties for violation of this article may be assessed as follows:

Sec. 42-1. Purpose and intent.

Sec. 42-2. Abrogation and greater restrictions.

Sec. 42-3. Interpretation.

Sec. 42-4. Severability.

Sec. 42-5. Town datum.

Sec. 42-6. Definitions.

Sec. 42-7. Application.

Sec. 42-8. Standards.

Sec. 42-9. Final inspection.

Sec. 42-10. Performance bonds.

Sec. 42-11. Driveway construction.

Sec. 42-12. Penalties.

Secs. 42-13--42-30. Reserved.

Sec. 42-31. Permit required.

Sec. 42-32. Permit applications.

Sec. 42-33. Issuance of permit.

Sec. 42-34. Manner of performing excavation.

Sec. 42-35. Restoring surface.

Sec. 42-36. Warning devices, cleanup, timely completion of project.

Sec. 42-37. Penalty.

(a) Approval required. No person shall construct or maintain any driveway leading into a public highway or town road without first obtaining a driveway permit from the town board and paying therefor the fee of $5.00.

(b) Specifications for driveway construction.

(a) It shall be the duty of the person cutting or making excavation in town roads to place and maintain proper warning devices for the safety of the general public during the excavation.

(b) The cleanup of all rubbish and other debris resulting from such is the duty of the permit holder. Excess soil and rock shall be properly disposed of by the applicant.

(c) Prompt completion of work after an excavation is commenced is required. The permittee shall prosecute with diligence and expedite all excavation work covered by permit and promptly complete such work and restore the road to its original condition, so as not to obstruct travel therein.

Sec. 46-1. Confidentiality.

Secs. 46-2--46-30. Reserved.

Sec. 46-31. Designated.

Sec. 46-32. Clerk.

Sec. 46-33. Membership.

(a) Each of the supervisors and the clerk shall, by virtue of their office, be members of the board of review and, consequently, no further appointment on a regular or irregular basis shall be necessary. Membership on the board of review takes effect upon election to the office of supervisor or clerk of the township. The town chairman is considered a supervisor for purposes of this article and is a member of the board of review.

(b) Members of the board of review shall be compensated for their service on such board, exclusive of any other compensation paid by the township for any other duties or services they may perform as supervisor or clerk, at the rate of $50.00 per diem for up to seven hours of service on the board of review in a single 24-hour day, beginning at 12:01 a.m. and ending at midnight. If service is provided beyond seven hours, compensation shall be at the rate of $10.00 per hour or fraction thereof beyond seven hours served. Service of less than seven hours shall constitute a day for purposes of entitling the member of the board of review to such $50.00 per diem. No per diem shall be payable for any day when the board of review is not convened.

Sec. 50-1. Adoption of state regulations.

Sec. 50-2. Adoption of state bond schedule.

Secs. 50-3--50-30. Reserved.

Sec. 50-31. Officer's action after arrest without warrant.

Sec. 50-32. Forfeitures.

Sec. 50-33. Bonds.

Secs. 50-34--50-60. Reserved.

Sec. 50-61. No parking areas.

Sec. 50-62. Fine and forfeiture.

Sec. 50-63. Towing authorized.

Sec. 50-64. Parking on lake access/private property.

Sec. 50-65. Regulating the parking of vehicles--Words and phrases defined.

Sec. 50-66. Same--Parking regulations.

Sec. 50-67. Same--Penalty.

Sec. 50-68. Same--Removal of vehicles.

Sec. 50-69. Prohibited parking.

Secs. 50-70--50-90. Reserved.

Sec. 50-91. Speed limits.

Secs. 50-92--50-120. Reserved.

Sec. 50-121. Applicability and enforcement.

Sec. 50-122. State snowmobile laws adopted.

Sec. 50-123. Operation.

Sec. 50-124. Adoption of state bond schedule.

Sec. 50-125. Penalty.

(a) No person shall stop or leave standing any vehicle, whether attended or unattended, and whether temporarily or otherwise, in any of the following locations within the town:

(b) This prohibition includes parking on the shoulder of the highway or anywhere within the right-of-way.

(a) It shall be unlawful for the operator or owner of any vehicle to park such vehicle on the traveled portion of any highway, road or street located in the town.

(b) Any person who shall violate the provisions of this section shall upon conviction thereof, forfeit the sun of $15.00 together with the costs of this action, and in default of the 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 30 days.

(c) In addition, such vehicles so parked unlawfully may be removed from the such highway, road or street located in the town by the order of the chairman of the town, and the expense of so moving and storing such vehicle shall be paid by the operator or owner of the vehicle as and for a forfeiture and penalty of such violation.

(a) Hours of operation. No person shall operate a snowmobile upon Whitewater Lake and adjoining channels lying within the town and the Town of Whitewater, Walworth County, Wisconsin, after 11:00 p.m., except for the purpose of crossing Whitewater Lake in a generally direct route to their destination on the other side.

(b) Safe operation required. No person shall operate, direct or handle a snowmobile in such a manner as to unreasonably annoy, unnecessarily frighten or endanger any person.

Secs. 54-1--54-30. Reserved.

Sec. 54-31. Statutory authority.

Sec. 54-32. Noxious weeds defined.

Sec. 54-33. Destruction of noxious weed required.

Sec. 54-34. Notice of abatement by town; costs.

(a) Wis. Stats. § 66.96 requires every person to destroy all noxious weeds on all lands which the person owns, occupies or controls.

(b) Wis. Stats. § 66.96(2) specifically allows the governing body of any municipality to classify weeds as noxious within its boundaries, and thereby require the removal thereof.

Sec. 58-1. State boating and water safety laws adopted.

Sec. 58-2. Adoption of state bond schedule.

Sec. 58-3. Citation; nature, issuance, release of accused.

Sec. 58-4. Failure of defendant to appear.

Sec. 58-5. Bond.

Sec. 58-6. Lake accesses.

Sec. 58-7. Boat launching.

Secs. 58-8--58-70. Reserved.

Sec. 58-71. Repeal of conflicting ordinances.

Sec. 58-72. Intent.

Sec. 58-73. Applicability and enforcement.

Sec. 58-74. Definitions.

Sec. 58-75. Capacity plate on boat.

Sec. 58-76. Operation of unnumbered boats prohibited.

Sec. 58-77. Certificate of number.

Sec. 58-78. Certificate number to be displayed on boat; certificate to be carried.

Sec. 58-79. Transfer of ownership of number.

Sec. 58-80. Notice of abandonment or destruction of boat or change of address.

Sec. 58-81. Classification of motorboats.

Sec. 58-82. Lighting equipment.

Sec. 58-83. Other equipment.

Sec. 58-84. Patrol boats exempt from certain traffic regulations.

Sec. 58-85. Traffic rules.

Sec. 58-86. Speed restrictions.

Sec. 58-87. Accidents and accident reports.

Sec. 58-88. Distress signal flags.

Sec. 58-89. Prohibited operation.

Sec. 58-90. Water skiing.

Sec. 58-91. Skindiving.

Sec. 58-92. Boats equipped with toilets.

Sec. 58-93. Traffic lane defined.

Sec. 58-94. Speed restrictions.

Sec. 58-95. Swimming regulations.

Sec. 58-96. Water skiing regulations.

Sec. 58-97. Markers, navigation, mooring buoys; posting of article.

Sec. 58-98. Aircraft prohibited.

Sec. 58-99. Littering waters prohibited.

Sec. 58-100. Penalties and deposits.

Secs. 58-101--58-130. Reserved.

Sec. 58-131. Intent.

Sec. 58-132. Applicability; enforcement.

Sec. 58-133. Forfeitures and deposits.

(a) Nature. A citation under this section is a directive, issued by a law enforcement officer, that a person appear in court and answer charges. A citation is not a criminal complaint and may not be used as a substitute for a criminal complaint.

(b) Authority to issue; effect. A law enforcement officer may issue a citation to any person whom he has reasonable grounds to believe has committed a violation of this chapter. A citation may be issued in the field or at the headquarters or precinct station of the officer instead of or subsequent to a lawful arrest. If a citation is issued, the person cited shall be released on his own recognizance. In determining whether to issue a citation, the law enforcement officer may consider whether:

(c) Contents. The citation shall do all of the following:

(d) Service. A copy of the citation shall be delivered to the person cited, and the original must be filed with the district attorney.

(e) Review by district attorney. If the district attorney declines to prosecute, he shall notify the law enforcement agency which issued the citation. The law enforcement agency shall attempt to notify the person cited that he will not be charged and is not required to appear as directed in the citation.

(f) Citation no bar to criminal summons or warrant. The prior issuance of a citation does not bar the issuance of a summons or a warrant for the same offense.

(g) Preparation of form. The judicial conference shall prescribe the form and content of the citation under Wis. Stats. § 758.171.

(a) If the person so arrested for violation of this chapter and released fails to appear personally or by an authorized attorney or agent before the court at the time fixed for the hearing, the money deposited by the accused pursuant to the provisions in section 58-5 shall be retained and used for the payment of the forfeiture, which forfeiture may be imposed either with or without cost as determined by the court after the ex parte hearing upon the accused. The excess, if any, shall be returned to the person who makes the deposit upon his making application for such excess. If the accused is found not guilty, then the entire amount of the deposit shall be returned to the depositor.

(b) Any person violating any of the terms of this chapter shall be subject to arrest whether at the time of the arrest he is on the waterways or upon the shore, and any water patrol office may pursue the offender ashore to enforce the terms of this chapter.

(a) Intent. It is the intent of this section to provide for safe public use of the accesses held in trust by the town and to preserve the natural resources in these areas.

(b) Penalties. Citations for violations of this section shall follow the procedure listed in Wis. Stats. §§ 66.119 and 66.12. Cash deposit for violation shall be a minimum of $35.00 for the first violation and shall not exceed $200.00 for succeeding offenses.

(c) Improvements. As provided in Wis. Stats. § 236.16, nothing in this section shall require the town to improve the land provided for public access.

(d) General use. The general public may use the accesses for getting fishing, boating and recreational equipment to the lake on those accesses where terrain and soil conditions make possible safe and reasonable movement of such equipment from the nearest public highway to the lake. No use of the lake access that is in violation of state, federal or county statutes shall be permitted.

(e) Special uses. Special uses of the lake accesses shall include but not be limited to: research groups, weed harvesting and chemical treatment operators, sea wall construction operators, and heavy equipment operators.

(f) Special use permits.

(g) Parking. Parking shall be permitted on the access in designated areas only between the hours of 6:00 a.m. to 11:00 p.m. If parking areas are not designated, all parking shall be done in such a manner that the public may have unimpeded access to the lake at all times. The town may designate no parking areas when such areas are in the best public interest. Stopping or standing a vehicle on the access shall be only for short periods of time and shall be done in a sharing manner with other access users.

(h) Storage. Storage of any material, equipment, weeds or bog material shall be for a minimal length of time. Any storage shall be allowed only after a special use permit has been issued to the person needing to store materials on the access in order to perform lake-oriented services. Such permit shall be for the shortest possible storage period. Materials stored on the lake accesses shall be only of those materials necessary for lake projects such as, but not limited to, weed harvesting, bog removal, chemicals for authorized treatment of aquatic nuisances, materials for erosion and eutrophication control, and navigation and traffic control devices and research equipment.

(i) Alteration and encroachment. No person shall alter the natural terrain of the access by drainage, planting or cultivating vegetation without special permit issued by the town board after acquiring assurance in writing from state and county agencies that such alteration is not in violation of state and county statutes and ordinances. No person shall encroach upon any access by alteration of boundaries, construction of buildings, drainage of liquids, or deposition of solid waste materials.

(a) Purpose and intent. The purpose and intent of this section is to promote the public health, safety and general welfare of the people of the town by setting rules for the use of the town-owned and unmanned boat launches on the northwest shore of Turtle Lake, the south shore of Lake Lorraine or the south shore of Whitewater Lake.

(b) Activities regulated. At any of the boat launches referred to in subsection (a) of this section, it shall be unlawful for any person to:

(c) Penalty. Any person violating the terms of this section shall forfeit not less than $50.00 nor more than $500.00, together with the costs of prosecution thereof, 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 30 days.

(a) Every vessel less than 26 feet in length and designed to carry two or more persons shall if made or sold in this state have affixed permanently thereto a capacity plate.

(b) A capacity plate shall bear the following information:

(a) A motorboat principally used in this state shall be numbered in this state.

(b) Numbering periods shall run for three years, commencing April 1 of the year in which the certificate is issued and expiring on March 31 of the third year thereafter.

(c) A fee of $4.50 shall be paid to the department for the issuance of a certificate of number or renewal thereof.

(a) Upon being issued a certificate of number and decals, the owner of the boat shall paint on or attach the identification number and attach the decals to each side of the bow.

(b) The certificate of number shall be available at all times for inspection on the boat for which issued, whenever such boat is in use.

(a) Whenever the owner of a boat covered by a certificate of number transfers all or any part of his interest in such boat, he shall notify the department of such transfer and return the certificate of registration to the department.

(b) The transferee shall make application for a new certificate of number as prescribed by the department.

(a) If a boat covered by a certificate of number is destroyed or abandoned, the owner shall notify the department within 15 days.

(b) Whenever any person moves, after applying for or receiving a certificate of number, he shall notify the department in writing of both his old and new address within 15 days.

(a) Lights required; prohibited

(b) Classes A and 1 motorboats. All motorboats of classes A and 1 when under way at any time from sunset to sunrise shall have lighted the following:

(c) Classes 2 and 3 motorboats. All motorboats of classes 2 and 3 when under way at any time from sunset to sunrise have lighted the following lamps:

(d) Sailboats with motors. Sailboats equipped with motors and propelled in whole or part by such motors must comply with subsections (b) or (c) of this section according to their classification. Whenever such a sailboat is being propelled entirely by sail at any time from sunset to sunrise, it shall show the colored lights which fit its class but not the white lights and shall carry a lantern showing a white light in time to avert collision.

(e) Sailboats and rowboats without motors.

(f) Visibility. Every white light prescribed by this section shall be of such character as to be visible at a distance of at least two miles on a dark night with clear atmosphere. Every colored light shall be visible at one mile on a dark night with clear atmosphere.

(a) No person shall operate any boat on the waters of this state unless such boat is equipped as required by this section.

(b) The engine of every motorboat shall be equipped with a muffler.

(c) Every boat shall carry at least one life preserver or other device of the sort prescribed by the regulations for each person on board or being attended by such boat.

(d) Every motorboat, except outboards of open construction, shall be provided with such fire extinguishers as shall be capable of extinguishing burning gasoline. Specifications shall be as prescribed by rules of the department.

(e) Every motorboat with an inboard motor using gasoline shall have the carburetors fitted with a device for arresting backfire. Specifications shall be as prescribed by rules of the department.

(f) Every motorboat, except open boats, fueled by a volatile liquid shall be provided with a ventilation system capable of removing explosive gases.

(g) Every motorboat equipped with storage batteries shall be provided with suitable supports and shields for such batteries.

(a) No person shall operate a motorboat at a speed greater than is reasonable and prudent under the conditions. The speed of a motorboat shall be so controlled as to avoid colliding with any person, boat or other conveyance.

(b) In addition to complying with subsection (a) of this section, no person shall operate a motorboat at a speed in excess of posted notice as established by regulatory markers.

(c) No person may operate a motorboat within 100 feet of any dock: raft, pier or buoyed restricted area on any lake at a speed in excess of slow no wake speed.

(a) Duty to assist. Insofar as he can do so without serious danger to his own boat or to persons on board, the operator of a boat involved in an accident shall stop his boat and render assistance to other persons involved and shall give his name and address and identification of his boat to any person injured and to the owner of any property damaged.

(b) Duty to report.

(a) Insofar as is possible the operator of a boat observing an orange flag 18 inches by 30 inches shall render to the boat or person displaying the signal such assistance as may be practical and necessary.

(b) No person shall display such a flag unless such person is in need of assistance to prevent bodily injury or destruction of property.

(a) Under influence of intoxicant or controlled substance. No person may operate a boat or use water skis or a similar device upon the waters of this state while under the influence of an intoxicant or a controlled substance.

(b) Careless, negligent or reckless operation. No person may operate a boat or use water skis or a similar device upon the waters of this state in a careless, negligent or reckless manner so as to endanger the life or property of himself or another.

(c) Operation by an incapacitated person.

(d) Creating a hazardous wake.

(e) Operation near other boats, swimmers and water skiers. No person may operate a motorboat repeatedly in a circuitous course within 200 feet of another boat or a swimmer nor shall any boat or water skier operate closer than 100 feet to any skin diver's flag or swimmer.

(f) Manner of riding. No person operating a motorboat shall allow any person to ride or sit on the gunwales, tops of seat backs or sides or on the decking over the bow of the boat while underway.

(g) Operation in swimming area prohibited. No person shall operate a boat within a water area, which has been clearly marked by buoys or some other device as a swimming area.

(h) Anchoring unattended boat. No person may anchor any unattended boat, raft, float or similar structure in the traveled portion of any river or in any traffic lane.

(i) Loading capacity. No boat shall be loaded with passengers or cargo beyond its safe carrying capacity.

(j) Motor capacity. No boat shall be equipped with any motor beyond its safe power capacity.

(k) Unnecessary sounding of horns, whistles, etc. No person shall, unnecessarily sound a horn, whistle or other device on any boat while at anchor or under way.

(l) Tampering with navigational aids. No unauthorized person shall move, remove, molest, tamper with, destroy or attempt to destroy or moor or fasten a boat to any navigation aids or regulatory markers.

(a) No person may operate a motorboat towing a person on water skis, or similar device, unless there is in the boat a competent person in addition to the operator in a position to observe the progress of the person being towed. An observer shall be considered competent if he can in fact observe the person being towed and relay any signals to the operator. This observer requirement does not apply to motorboats classified as class A motorboats by the department, actually operated by the persons being towed and so constructed as to be incapable of carrying the operator in or on the motorboat. No person may engage in water skiing or similar activity at any time from sunset to sunrise. This restriction does not prevent restrictions of the hours of water skiing between sunrise and sunset by local ordinances enacted pursuant to Wis. Stats. § 30.77(3).

(b) There shall be no more than two persons using such tow lines as a means of water skiing or similar sport; the persons being towed must be equipped with an approved life jacket, or similar life saving device. No tow line shall exceed 75 feet in length.

(c) Any boat engaged in towing a person on water skis, aquaplane or similar device must conform to all sections of this article and, in addition, must operate in a counterclockwise pattern on the lake and inlet and outlet in the traffic lane.

(a) No person may engage in skindiving or, scuba diving in waters other than marked swimming areas or within 150 feet of shoreline unless the location of such diving is distinctly marked by a diver's flag, not less than 12 inches high and 15 inches long, displaying one diagonal white stripe three inches wide on a red background and high enough above the water to be clearly visible at a distance of 100 yards. Anyone so diving shall not rise to the surface outside a radius of 50 feet from such flag.

(b) No persons engaged in such diving shall interfere with anyone fishing, block any boat from proceeding to its destination, nor engage in such diving in established traffic lanes.

(a) The maximum speed between the shore and the 175 feet from shoreline marked by buoys shall be slow no wake.

(b) All persons operating power driven boats upon the waters of Turtle Lake located in the town shall not operate such power driven boats at speed greater than slow no wake between the hours of 2:00 p.m. through 10:00 a.m. on weekends and holidays nor shall they operate at speed greater than slow no wake between the hours of 6:00 p.m. through 10:00 a.m. on any day.

(c) "Slow no wake" is defined as the slowest possible speed so as to maintain steerage.

(a) Swimming from drifting boats prohibited. No person shall swim from any boat unless such boat is anchored.

(b) Distance from swimmer to base. No person shall swim more than 175 feet from the shore or more than 50 feet from any pier, anchored raft or boat unless he is accompanied by a boat manned by a competent person trained in lifesaving techniques and having a ring buoy. Such boat shall stay reasonably close to and guard such swimmer. If there is more than one swimmer in the water, each shall be accompanied by a separate boat as described in this subsection.

(c) Hours limited. No person shall swim in the traffic lane as marked by buoys during the hours from sunset to sunrise.

(a) No person shall operate a boat for the purpose of towing a water skier or engage in water skiing or other similar sport from 2:00 p.m. through 10:00 a.m. on weekends and holidays nor shall they do so from 6:00 p.m. through 10:00 a.m. on any other day.

(b) There shall be no more than two persons using such tow lines as a means of water skiing or similar sport; the persons being towed must be equipped with an approved life jacket, life belt or similar life saving device.

(c) Any boat engaged in towing a person on water skis, aquaplane or similar device must conform to all sections of this article.

(d) There shall be no water skiing, aquaplaning or similar sport, outside the traffic lane.

(a) Any person violating section 58-1 shall be fined not more than $200.00 or imprisoned not more than six months or both.

(b) Any person violating any provision of this article for which a penalty is not provided by subsection (a) of this section shall be fined not more than $50.00 or imprisoned not more than 30 days, or both, for the first offense; and fined not more then $100.00 or imprisoned not more than 90 days, or both, upon conviction of the same offense a second or subsequent time within one year.

(a) This article shall apply to the waters of Whitewater Lake and adjoining channels and lying within the corporate limits of the Towns of Richmond and Whitewater, Walworth County, Wisconsin. The provisions of this article shall be enforced by a patrol officer or officers appointed by and under the jurisdiction of the Towns of Richmond and Whitewater, Walworth County, Wisconsin.

(b) Officers patrolling the waters as part of a water safety patrol unit may stop and board any boat for the purpose of enforcing Wis. Stats. §§ 30.50--30.80 or any rules promulgated or ordinances enacted under Wis. Stats. §§ 30.50--30.80 and for conducting search and rescue operations, if the officers have reasonable cause to believe there is a violation of the sections, rules or ordinances or the stopping and boarding of any boat is essential to conduct a search and rescue operation.