Home Page: Ordinances
TOWN OF DEWEY - PORTAGE COUNTY, WISCONSIN
Chapter 1 - Creation of the municipal code of ordinances.
Chapter 2 - Subdivision Ordinance
Chapter 3 - Mobile Home Parks Ordinance
Chapter 4 - WASTE MANAGEMENT ORDINANCE
Chapter 5 - ROAD ORDINANCE
Chapter 6 - PROVISIONAL OPERATOR’S ORDINANCE
Chapter 7 - BUILDING ORDINANCE
Chapter 8 - TRAFFIC CONTROL ORDINANCE
Chapter 9 - A JOINT ACTION EMERGENCY GOVERNMENT ORDINANCE
Chapter 10 - BOATING ORDINANCE
Chapter 11 - VOLUNTEER FIRE DEPARTMENT ORDINANCE
Chapter 12 - ORDINANCE TO APPOINT ALTERNATE MEMBERS FOR BOARD OF REVIEW
Chapter 13 - Ordinance relating to confidentiality of income and expenses
provided to Assessor for Assessment purposes.
CHAPTER 14 - COMPREHENSIVE PLAN ORDINANCE
CHAPTER 15 - TOWN PLAN COMMISSION ORDINANCE
CHAPTER 16 – SLOW NO WAKE AREA ORDINANCE
Adopted this day: JULY 15, 2009
Town of Dewey
William D. Kolodziej, Clerk Maurice King, Chairperson
Published and posted
Date: JULY 15, 2009, POSTED Gary Kolodziej, Supervisor
JULY 22, 2009, PUBLISHED
Dennis Meis, Supervisor
EFFECTIVE: MAY 17, 1995
Creation of the municipal code of ordinances. An ordinance to revise and consolidate, amend, supplement and codify the general ordinances and bylaws of the Town of Dewey - Portage County - Wisconsin,hereon known as “the Town”. The town board ordains as follows.
1.1 The code of ordinances in book form entitled, “Municipal Code of the Town of Dewey - Portage County, Wisconsin”, hereon known as “the Code”, having been placed on file and open to public inspection in the office of the Town Clerk for a period of two weeks, commencing April 25, 1995, in accordance with the procedure under Sec. 66.035 of Wisconsin Statues, is hereby adopted as the general code of ordinances in and for the Town, and all previously adopted general ordinances of the Town are hereby repealed, except as provided in section 1.2 of this ordinance.
1.2 The code of general ordinances hereby adopted shall not be deemed to repeal any ordinances of the Town or general ordinance or part hereof relating to the following subjects and not conflicting with any of the provisions of the Code.
1.3 This ordinance shall take effect upon passage and publication as required by law.
EFFECTIVE: JUNE 27, 1993
The purpose of this ordinance is to promote the public health, safety and general welfare of the community, and these regulations are designed to lessen congestion in the street and highways; to further the orderly layout and use of land; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate adequate provisions for transportation, water, sewage, schools, parks, playgrounds and other public requirements; to facilitate further subdivisions of larger tracts into smaller parcels of land. These regulations are made with the reasonable consideration of, among other things, the character of the Town with a view of conserving the value of the buildings placed upon land providing the best possible environment for human habitation and for encouraging the most appropriate use of land throughout the Town.
(A) Any division of land within the Town or its’ jurisdiction which results in a primary subdivision shall be surveyed in a plat thereof approved as required by this ordinance and Chapter 236 of the Wisconsin Statutes.
(B) Any division of land within the Town or its’ jurisdiction which results in a secondary subdivision shall be by certified map by a registered land surveyor and such division of land shall be subject to the Town Board after recommendation of the Town Planning Committee.
(C) No road or street or way of travel shall be dedicated, donated or granted to the Town , either within a primary subdivision or secondary subdivision, or without, unless the same is in compliance with the provisions of sections 2.5 and 2.6 of this ordinance. The Town Board may, but shall not require to, waive all or a part of the requirements set forth in sections 2.5 and 2.6 of this ordinance.
(A) Primary Subdivision
The division of a lot, parcel or tract of land by the owner thereof or their agent or by the owner’s immediate grantee or their agent where the act of division or successive division creates five or more lots or outlets of one and one-half acres each or less in area within a period of five years.
(B) Secondary Subdivision
The division of a lot, parcel or tract of land by the owner thereof or their agent or by the owner’s immediate grantee or their agent where the act of division or successive division creates two, three or four lots or outlots of one and one-half acres each or less in area or three or more lots or outlots more than one and one-half acres and five acres each or less in area, and any such division occurs within a period of five years.
A primary or secondary subdivision
(D) Building Line
A line or a plat or certified survey between which line and a street no building or structure may be erected.
A minor street with only one outlet culminated by a turnaround.
(F) Town Planning Committee
That body duly authorized by the Town to plan land use.
(A) Preliminary Plat
(1) The subdivider shall file with the Town Board at the office of the Town Clerk, five copies of the preliminary plan, and pay a filing fee in accordance with the following rates: $100 for each preliminary plat submitted for approval by the Town at the time the preliminary plan is filed with the Clerk.
(2) The Town Clerk shall immediately distribute three copies to the Town Planning Committee and two copies to the Town Board.
(3) After review of the preliminary plat and negotiations with the sub-divider on changes deemed advisable and the kind and extent of public improvements which will be required, the Town Planning Committee shall within 40 days of its submission, approve, approve conditionally or reject the plat. The sub-divider shall be notified in writing of any conditions of approval and the date of the Town Board Meeting or the reasons for rejection.
(4) The Town Board shall review the preliminary plat forwarded to them by the Town Planning Committee with any conditions of approval recommended. The Town Board shall approve, approve with further conditions or reject the plat.
(5) Approval of the preliminary plat shall entitle the subdivider to final approval of the layout shown by such plat if the final plat conforms substantially to such layout and conditions of approval have been met.
(B) Final Plat
(1) The final plat and such copies as shall be required shall be submitted within six months of the approval of the preliminary plat. However, if approval of the preliminary plat must be obtained from another approving authority subsequent to approval by the Town Board, the final plat shall be submitted within six months of such approval. The Board may waive failure to comply with this requirement.
(2) The Board shall approve or reject the final plat within 60 days of its submission, unless the time is extended by an agreement with the subdivider. Reasons for rejection shall be stated in the minutes of the Town Board meeting and a copy thereof or a written statement of such reasons shall be supplied the subdivider.
(3) If the original of the final plat has been filed with another approving authority, the subdivider may file a true copy of such plat in lieu of the original. However, before approval , the Town Board will be inscribed on the original of the final plat, the surveyor or the subdivider shall certify the respects in which the original of the final plat differs from the true copy, and all modifications must first be approved.
2.5 General Requirements and Design Standards
(A) General. The proposed subdivision shall conform to:
(1) The provisions of Chapter 236 of the Wisconsin Statutes.
(2) All applicable ordinances and resolutions of the Town.
(3) The rules of the Department of Natural Resources relating to lot size and lot elevations, if the subdivision is not served by a public sewer and provisions for such services have not been made.
(4) The rules of the State Highway Commission relating to safety of access and the preservation of the public interest and investment in the streets, if the subdivision or any lot contains therein abuts on a State trunk highway or connecting street.
(5) All provisions of the Portage County Subdivision Ordinance which are more restrictive than those provisions contained within this Town ordinance.
(1) General considerations. Streets shall be designed and located in relation to existing and planned streets and to topographical conditions and natural terrain features, such as streams and existing tree growth, to public convenience and safety, and in appropriate relation to the proposed uses of the land to be served by such streets.
(2) Width. All streets shall be not less than 66 feet in width, including Cul-de-sacs and dead-end streets.
(3) Grades. The grade of streets shall not exceed 8% unless necessitated by topography and approved by the Town Board.
(4) Alignment and Visibility. There shall be a minimum sight distance of not less than 150 feet with clear visibility along the center line of all streets.
(5) Dead-end Streets. Dead-end streets , Cul-de-sacs, or streets designed to have one end permanently closed, shall terminate with a turnaround of not less than 130 feet in diameter, with a reversed radius of not less than 50 feet at the entrance of the cul-de-sacs. Cul-de-sacs that are back to back must allow a 15 foot utility easement between cul-de-sacs.
(1) Where streets intersect and cross other streets, their alignment shall be continuous and street jogs or off-center intersections shall be avoided.
(2) Streets shall intersect as nearly as possible at right angles.
(3) Not more than two streets shall intersect at one point unless approved by the Town Board.
(1) Easements across lots or centered on rear or side lot lines shall be provided for the installation of utilities where necessary and shall be at least 10 feet wide and such easements shall be continuous from block to block. When an easement is centered on a rear or side lot line the width of the easement of each lot can be added together to meet the width requirement.
(1) In General. The size, shape and facing of lots and the minimum building setback lines shall be appropriate for the topography of the subdivision and the type of development and use contemplated.
(2) Lot Dimensions. Residential lots shall have a minimum lot area of 20,000 square feet, provided that where regulations of the State Department of Health and Social Services (State Board of Health), or shore land zoning regulations, require a larger lot area, such regulations shall govern.
(3) Residential lots to be served by private sewage disposal facilities, shall comply with the rules of the Wisconsin Department of Health and Social Services, or other governing authority.
(4) Access to Public Street. Every lot shall front or abut on a public street.
(5) Municipal Boundaries. The lots shall follow municipal or town boundary lines whenever practicable rather than cross them.
2.6 Required Improvements
(A) Receipt of the signed copy of the preliminary plan is authorization for the subdivider to proceed with the preparation of the plans and specifications for the following minimum improvements and with the preparation of the final plat. Prior to the construction of any improvements required or to the submission of a bond in lieu thereof or to the provisions for any assessment for such construction, the subdivider shall furnish the Town Board or engineer designated by the Town all plans, information and data necessary to determine the character of said improvements. These plans shall be examined by the Town Board or engineer designated by the Town and will be approved, if in accordance with the requirements of this section. Following this approval, construction can be started or the amount of bond determined or an assessment provided for.
(B) No final or official plat of any subdivision shall be approved unless:
(1) The subdivider agrees with the Town Board upon an assessment whereby the Town is put in an assured position to install the improvements listed in section 2.6 (c ) 1-4 at the cost of the owners property within the subdivision, or
(2) the improvements listed in section 2.6 (c ) 1-4 have been installed prior to such approval,
(3) or the subdivider file with the Town Board a surety bond, a cashier’s check or a certified check upon solvent bank located in Portage County, conditioned to secure construction of the improvements listed in section 2.6 (c ) 1-4 in a satisfactory manner within a period specified by the Town Board, such period not to exceed two years. No such bond or check shall be accepted unless it be enforceable by or payable to the Town in a sum at least equal to the cost of constructing the improvements as estimated by the Town Board or engineer designated by the Town, and in form with surety and conditions approved by an attorney retained by the Town.
(C) The owner of a tract may prepare and secure approval of a preliminary subdivision plan of an entire area and may install the above improvements only in a portion of such area, but the improvements must be installed in any portion of the area for which a final plat is approved for recording.
(1) Street Improvements.
(a) All new street and public ways shall be graded to their full width including side sloped, and to the appropriate sub-grade, and the traveled roadway 32 feet in width shall be surfaced with six (6) inches of road gravel, and the traveled roadway 22 feet in width shall be surfaced with either three (3) inches of a cold mix or two (2) inches of a hot mix bituminous substance (black topping), all in accordance with applicable specifications of the Town. Said black topping shall not be applied to the streets until such time as the six (6) inches of road gravel has laid on the proposed streets for a period of one winter season (winter season defined herein as December 15 through May 31), but in no event later than two years from the Town’s approval of the final or official plat. Such construction shall be subject to inspection and approval by the engineer designated by the Town. After black topping is completed, the remaining roadway shall be shouldered with material approved by the Town. The remainder of the right-of-way shall be seeded with grass and covered to prevent erosion.
(b) Where a subdivision or certified survey map will be created along an existing Town road, the Town and the subdivider shall enter into an agreement prior to the approval of the final plat or certified survey map for the payment by the subdivider to the town of moneys to be used to upgrade the existing road. The subdivider shall pay $2.50 per linear foot of road frontage with a minimum of $500.00 per lot. These moneys shall be deposited to the Town prior to the final approval of the plat or certified survey map. The Town shall deposit these moneys into a certificat of deposit, and the moneys shall be used solely for the purpose of upgrading that road. The Town reserves the right to upgrade the road when they deem it necessary, but shall be required to do so when 67% of the subdivided lots have had homes constructed upon them. The Town Board reserves the right to waive this requirement.
(2) Street Signs. All streets and public ways shall be named and designated by appropriate markers at all street intersections of the proposed plat. There shall be no duplication of the name of any street in the Town or other municipalities or townships of the county, unless the street is an already existing street, in which case the street name shall be used. Said street markers shall conform to materials and be set in a manner approved by the Town Board. The subdivider shall furnish and install one right-of -way marker on the corner of each lot adjacent to all Town roads affected by the subdivision.
(3) Drainage. All necessary facilities shall be installed sufficient to prevent the collection of surface water in any low spot, and to maintain any natural water course. Drainage facilities satisfactory to the Town Board to the engineer designated by the Town shall be provided for the ends of all cul-de-sacs and dead-end streets.
(4) House Numbers. The plotting out of house numbers (fire numbers) in a subdivision shall be done by the Town Clerk or a house numbering firm approved by the Town Board. Cost of plotting and the purchasing of the fire signs shall be bore by the owner or subdivider.
(D) If the Town Board deems it necessary to seek professional engineering expertise in reviewing and inspecting any subdivision plat submitted to the Town for approval the subdivider shall as a condition to approval of the final plat reimburse the Town for the actual cost of such engineering help.
Within limits of the Town, where feasible and compatible with the development of the community and the plans of the Town Planning Committee, the subdivider shall provide and dedicate to the public adequate land to provide for the school, park and recreation needs of the subdivision. The amount of land to be provided for such dedication shall be determined on the basis of a proportion equal to one acre for each 20 building sites set forth in the plat or survey. Where such dedication is not feasible or compatible with the plans of the Town Planning Committee, the subdividers shall in lieu thereof pay to the Town a fee of $100 for each building site. The determination as the feasibility of dedication and location of land shall be made by the Town Planning Committee.
2.8 Plats and Data
(A) Preliminary Plat
(1) The preliminary plat shall be drawn with water proof non fading black ink or legibly drawn with pencil on tracing cloth, or tracing paper of good quality on a scale of not more than 100 feet to an inch and shall be in sufficient detail and contain such information as will enable the Town Planning Committee to determine whether the design of the final plat will conform with this ordinance.
(2) Supplementary Information. The subdivider shall furnish the following information with this preliminary plat:
(a) A brief description of the improvements such as grading, paving, tree planting, installation of street signs, installation of utilities which the subdivider proposes to make and the time he proposes to make them.
(b) A brief description of deed restrictions, if any, which will be put on the plat.
(c) A consecutive numerical designation shall be given to each lot on the plat.
(3) The Preliminary plat shall show:
(a) The location of present property lines, streets, buildings, water courses, tree masses and other existing features within the area to be subdivided and similar information regarding existing conditions of land immediately adjacent thereto.
(b) The proposed location, width, and grade of streets, lots, building and setback lines and easements, especially noting that sufficient easements are shown on the plat for the purpose of utility easements; also, the total square footage of each lot shall be designated.
(c) Existing sanitary and storm sewers, water mains, culverts and other underground structures within the tract or immediately adjacent thereto, if any.
(d) The title of which the proposed subdivision is to be recorded and the name of the subdivider plotting the tract.
(f) The names and adjoining boundaries of all the adjoining subdivisions and the names of the recorded owners of the adjoining parcels of land not subdivided.
(e) North point, scale and date.
(f) Soil boring data for septic system siting by a Certified Soil Tester (one boring per three acres
(a) Wetlands shall be delineated per Wisconsin Department of Natural Resources Wetlands Inventory Maps
or by an individual deemed competent by the DNR or Army Corp. of Engineers.
(B) Final Plat
(1) A final plat of subdivided land shall comply with the requirements of Section 236.20 of the Wisconsin Statutes, which is hereby adopted by reference.
(2) The affidavits and certifications required by Section 236, Wisconsin Statutes, shall be lettered or printed legibly with black durable ink or typed legibly with black ribbon on the final plat.
(3) The final plat shall show:
(a) Private restrictions and trusteeships and their periods of existence. Should these restrictions or trusteeships be of length as to make their lettering on the plat impractical and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat.
(b) Acknowledgment of the owner or owners to the plat and restrictions, including dedication to public use of all streets, parks or other open spaces shown thereon and the granting of easements required.
(c) Street address or fire numbers for each lot of the plat, except outlots.
2.9 Subdivision Created by Successive Divisions
(A) Where it is not practicable to require that a final plat of the subdivision created by successive divisions to filed in accordance with this ordinance, the Town Board may in lieu thereof order an assessors plat to be made under Section 70.27 of the Wisconsin Statutes and may assess the costs thereof as provided in such section, or to the subdivider.
(B) Regardless of the type of plat filed, any such subdivision shall comply with all provisions of this ordinance to the extent that they may reasonably be applied.
When in the judgment of the Town Board it would be inappropriate to apply literally the provisions of this ordinance because extraordinary hardship would result, it may waive or vary such provisions so that substantial justice may be done and the public interest secured, provided that in no event shall the requirement of filing and recording the plat be waived.
Any person, firm of corporation who fails to comply with any provision of this ordinance, shall, upon conviction thereof, forfeit not less than $25.00 nor more than $200.00, together with the costs of the prosecution for each violation and in default of payment thereof shall be imprisoned in the County Jail of Portage County, Wisconsin, until payment of such forfeiture and costs but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense. In addition, the remedies provided by section 236.30 and 236.31 of the Wisconsin Statutes shall be available to the Town.
2.12 Effective Date
This ordinance shall take effect and be enforced after its passage and publication. (June 27, 1993)
2.13 Prior Ordinances
This ordinance on its effective date repeals all prior Town Subdivision Ordinances.
2.14 Subdivision Procedures
(A) Initial subdivision review. Sub-divider shall provide a copy of the proposed subdivision plan. Subdivider shall receive a copy of the Town Subdivision Ordinance and a copy of the Town Subdivision Procedures.
(B) The Town Board shall discuss the subdivision with Portage County Planning and Zoning Department.
(C) Sub-divider shall meet with the Town Planning Committee. They shall review the proposal to see that it meets the guidelines of the Town Land Use Plan. After review and working on necessary changes to meet the Town Land Use Plan, they shall approve, approve with conditions or reject the preliminary plat. It shall then be forwarded to the Town Board for consideration for action with the Committee’s recommendation for approval, approval with conditions, or the reasons for rejection.
(D) The Town Board shall discuss with the sub-divider changes and County requirements that may be necessary.
(E) The sub-divider shall submit the preliminary plat. The Town Board shall collect $100 for the preliminary plat according to Town Ordinance. The sub-divider shall sign an agreement to abide by the Town subdivision ordinance.
(F) The Town Board shall act on approving the preliminary plat.
(G) The sub-divider shall present road plans and specifications.
(H) The Town Board shall act on approving road plans and specifications.
(I) The Town Board shall inspect the proposed road (This may be by-passed if the Town is collecting money necessary to complete the entire road project).
(J) The Town Board shall act on approving the final plat. Prior to approval, the Town Board shall collect money for:
(1) all road improvements not completed,
(2) any engineering assistance needed for plat approval or road work,
(3) street signs,
(4) house numbering costs, and
(5) moneys for the Parks Fund.
(K) The Town Board shall act on accepting road(s) in the subdivision. The Board will accept the road before it is black topped with moneys set aside, or when the road construction is completed.
TOWN of DEWEY
______________________, sub-divider of _________________________ Subdivision, have read and acknowledged the Town of Dewey Subdivision Ordinance. I agree to comply with the Town of Dewey Subdivision Ordinance, and will follow the procedures outlined by the Town of Dewey.
Dewey Chairperson Date
Mobile Home Parks Ordinance
EFFECTIVE: JUNE 7, 1993
3.1 Purpose. The Town Board does establish the following ordinance for the purpose of regulating mobile home parks.
3.2 The provisions of Section 66.058, Wisconsin Statutes, and the definitions therein are hereby adopted by reference.
3.3 There is hereby imposed on each occupied, non-exempt mobile home located in the Town a monthly school tax as determined in accordance with Section 66.058, Wisconsin Statutes. Said fee shall be paid to the Town Treasurer on or before the 10th day of the month following the month for which said fees are due. All fees not paid by the 10th day of the month shall be considered delinquent and shall accumulate interest of 1 ½ percent from that date.
3.4 It shall be unlawful for any person to establish upon property owned or controlled by him within the Town of Dewey a mobile park without having first secured a license therefore from the Town Clerk. The application for such license shall be accompanied by a fee of $2.00 for each space in the existing or proposed park but not less than $25.00. The license shall expire one year from the date of issuance. Such parks shall comply with Wisconsin Administrative Code H 77, which is here by adopted by reference. The owner and/or park manager shall apply for license renewal in December, the year prior to renewal. The owner and/or park manager shall appear at a December Town Board Meeting and be prepared to show proof of complying with all State, County, and Town codes, laws and ordinances. Failure to show compliance with any of the above codes, laws or ordinances shall be grounds for non-renewal of the license.
3.5 Licensee of mobile home parks shall furnish information to the Town Treasurer and the Town Assessor on such homes added to their park within 5 days after arrival of such on forms furnished by the Town Assessor in accordance with Sec. 66.058 (3) © and (e), Wisconsin Statutes.
3.6 Any person, firm or corporation who fails to comply with any provisions of this ordinance shall, upon conviction thereof, forfeit not less than $10.00 nor more than $100.00 together with the cost of prosecution for each violation and in default of payment thereof shall be imprisoned in the County Jail of Portage County of Wisconsin, until payment of such forfeiture and costs, but not exceeding 30 days. Each day of violation shall constitute a separate offense.
3.7 All ordinances or parts of ordinances inconsistent with or contrary hereto are hereby repealed.
3.8 If any portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.
3.9 The Township of Dewey Board reserves the right to amend or repeal this ordinance as the Town Board deems necessary.
WASTE MANAGEMENT ORDINANCE
EFFECTIVE: November , 1991
The Town Board of the Town of Dewey, Portage County, Wisconsin do ordain as follows:
4.1 PURPOSE. The purpose of this ordinance shall be to maintain and protect public health and sanitation by removal of solid waste, recyclable waste and non-recyclable waste from all residences in the Town of Dewey, to eliminate disposal of solid waste along the streets, roads, and other public and private properties in and near the Town of Dewey, and to provide a comprehensive town recycling program.
4.2 STATUTORY AUTHORITY. The Town Board of the Town of Dewey has the specific statutory authority, powers, and duties, pursuant to specific sections in Chapter 144, (1990) Wisconsin Statutes, and sections of this ordinance to regulate and control in the Town of Dewey, persons engaged in certain uses or activities, and to enforce, by penalty, the provisions of this ordinance.
4.3 DEFINITIONS. The following definitions shall be applicable in this ordinance:
(A) ALUMINUM CANS.
(B) BAGS. Plastic bags designed for garbage, with sufficient wall strength to maintain physical integrity when lifted by the top, securely tied at the top for collection, with a capacity not to exceed there (30) gallons and a loaded weight not to exceed fifty (50) pounds.
(C) BULKY WASTE. Items whose size precludes or complicates their handling by normal collection, processing or disposal methods.
(1) Non-Recyclable containers: Container provided by contractor (95 gallons or larger). Container provided by residential owner shall be made of plastic, metal, or fiberglass with a capacity not to exceed thirty three(33)gallons, a loaded weight of no more than fifty(50) pounds, a tight-fitting lid, and handles of adequate strength for lifting.
(2) Recyclable container: Container shall be provided by the municipality. Container provided by residential owner shall be clearly marked “recyclables”.
(E) CONTRACTOR. The individual, firm, or partnership performing non-recyclable waste and recyclable waste collection and disposal under contract with the Municipality.
(F) DEMOLITION WASTE. That portion of solid waste from the repair, remodeling, construction or reconstruction of buildings, such as lumber, roofing and sheathing scraps, rubble, broken concrete, asphalt, plastic, conduit, pipe, wire, insulation, and other like materials resulting from the demolition of buildings and improvements.
(G) DWELLING UNIT. A Place of habitation occupied by a normal single family unit or combination of persons who may be considered as equivalent to a single family unit for the purpose of this ordinance.
(H) COMMERCIAL UNIT. Commercial units shall be all property other than residential units and shall include, but not be limited to restaurants, motels, campgrounds, taverns, and mobile home parks.
(I) COLLECTION POINT. Shall be at the end of the driveway near the mailbox.
(J) HAZARDOUS WASTE. Radioactive, volatile, highly flammable explosive, toxic, or hazardous materials shall include, but not be limited to any amount of waste listed or characterized hazardous by the United States Environmental Protection Agency or any State Agency pursuant to the Resource Conservation and Recovery Act of 1976, as amended, and applicable State Law.
(K) NEWSPRINT. That portion of newspapers (newspapers and advertising circulars normally accompanying newspapers) or periodicals and advertising circulars printed on newsprint which remain in substantially original condition at the time of disposal such that the material is suitable for commercial grade recycling. “Newsprint” does not include the paper commonly used in the production of magazines, books and other physical media for written material or paper which is not suitable for recycling purposes, or is in a state which makes separation unreasonable or unduly expensive, for reasons which include, but are not limited to the following:
(1) The paper has been put to another use, such as wrappings for other wastes, and is thus rendered unfit for commercial recycling.
(2) The paper is not longer flat and folded to the approximate dimensions of its original condition.
(3) The paper is mixed in with commercial or municipal litter or refuse as a result of the failure of a citizen or a business to separate newspapers from other discarded materials outdoor or in publicly accessible areas or buildings.
(4) The paper has been damaged or altered by any other means so as to make recycling impossible or unduly difficult.
(L) RESIDENTIAL UNIT. Shall mean an individual household capable of independent habitation by a family unit. A single family dwelling shall be considered to be one (1) residential unit, multi-family dwelling shall be considered to be multiple residential, the number of residential units to equal the number of family units to be housed therein.
(M) SCAVENGING. The uncontrollable removal of materials at any point in solid waste management.
(N) SOLID WASTE. For the purposes of this ordinance, means putrescent animal and vegetable waste resulting from the handling preparation, cooking and consumption of food and non-putrescent solid waste generated by any person occupying a dwelling. Solid waste includes both recyclable and non-recyclable waste, but does not include waste generated in the production of goods, hazardous waste as defined in Chapter 144.61 (5) of the Wisconsin Statutes and any amendments thereto, waste from construction and demolition of structures, scrap automobiles, and industrial waste.
(1) Non-Recyclable Solid Waste. Means all putrescentable and nonputrescent solid waste for which there exists no commercially demonstrated method of resource recovery and includes such materials as Pyrex glass, window glass, light bulbs, mirrors, styrofoam items, waxed paper, garbage and other household wastes.
(2) Recyclable Solid Waste. Means materials in waste for which there exists a commercially demonstrated processing or manufacturing technology which used the material as a raw material.
(O) SPECIAL HAUL ITEMS. Body waste, dead animals, large vehicle parts, tires, rugs, appliances, furniture, large equipment, and bulky construction/demolition waste shall be considered items subject to special haul services, and charges, and are not considered residential waste subject to regular weekly collection.
(P) YARD WASTE. That part of solid waste consisting of leaves, grass clippings, sawdust and twigs, shrubs and brush less than one (1) inch in diameter.
4.4 MANDATORY RECYCLING.
(A) Each residence, and/or residential unit shall cooperate in the mandatory recycling of solid waste by following the provisions of this ordinance. No person shall mix with non-recyclable waste for collection by the Municipality’s authorized collection service, any material except recyclable material and only in such manner as set fourth herein.
(B) The authorized collector shall provide roadside collection of recyclables from residential units once per month. (All residences shall be required to separate recyclables according to different types of material.)
(C) All commercial units shall be required to recycle. Commercial units shall contract individually for their waste removal and recycling service. They shall be subject to penalties and fines as listed in section 4.19 below. They shall be required to show proof of services upon request by the Municipality.
4.5 RECYCLABLE MATERIAL. All recyclable solid waste shall be separated from non-recyclable solid waste. Recyclable materials shall be left for collection by the Municipality’s authorized collection service by following proper preparation procedure set forth in this ordinance. Recyclable materials shall be placed according to the authorized collection schedule in containers at the roadside. (Refer to Article 4.3(D)) Recyclable materials shall consist of the following:
(A) Glass: Brown glass, green glass, and clear glass which shall be rinsed, clean, unbroken, and have covers, caps and labels removed.
(B) Cans: All aluminum, tin, steel, copper, and other metal cans shall be rinsed and have labels removed, except that aerosol, paint and oil cans may not be recycled.
(C) Plastics: Plastic bottles shall be rinsed and have any metal or plastic rings/caps removed. Plastic bottles with handles left for collection shall be tied together with string or placed in container. Plastic numbers 1 or 2 are recyclable.
(D) Cardboard: Corrugated cardboard shall be flattened, bundled and tied in two directions in bundles not to exceed ten (10) inches in height. Waxed cardboard may not be recycled.
(E) Magazines: Magazines shall be bundled in bundles not to exceed ten (10) inches in height and securely tied in two directions.
(F) Newsprint: All newsprint shall be bundled pursuant to sub-section (4.6) below:
(G) Aluminum: Cans
(H) Batteries: Car and truck batteries only.
(I) Waste Oil: Means internal combustion engine lubricant which is uncontaminated by water, gasoline, antifreeze or other materials. Oil should be put in a sturdy capped one to five gallon container and clearly marked.
4.6 NEWSPRINT RECYCLING.
(A) No person shall dispose of newsprint with non-recyclable solid waste, except for such newsprint rendered unfit for recycling.
(B) Newsprint left for collection and recycling shall be bundled with heavy string or cord, securely tied in both directions. No newsprint bundled for recycling shall exceed the height of ten (10) inches. Alternatively, newsprint may be recycled in any other lawful manner.
4.7 NON-RECYCLABLE MATERIALS. Non-recyclable materials shall include the following:
(A) Glass: All Pyrex (heat resistant) glass, window glass, lead-based crystal, light bulbs, mirrors, ceramic items, plate glass and china shall be considered non-recyclable.
(B) Plastics: Rigid cottage cheese containers, plastic wrap, egg cartons, melmac type plastics, and all forms of styrofoam shall not be placed with recyclable materials, but shall be disposed of in the manner prescribed for other non-recyclable solid waste.
(C) Glossy Paper: All waxed paper, waxed cardboard, envelopes with gum labels, glossy paper, and envelopes with plastic windows shall be considered non-recyclable paper.
(D) Other Materials: All other garbage and solid waste not qualifying as recyclable materials.
4.8 DISPOSAL OF NON-RECYCLABLE SOLID WASTE.
(A) Non-recyclable solid waste shall be separated from recyclable solid waste for collection by the Municipality’s authorized collection service. The collector shall provide roadside collection of non-recyclable solid waste from residential units once a week.
(B) It shall be the duty of every occupant, tenant, or proprietor of any residential unit to use containers provided by the contractor or provide waste containers capable of holding all waste which would ordinarily accumulate on such premises between the times of successive collections. The owner of any multiple dwelling shall furnish or require the tenant thereof to furnish proper waste containers if not provided by the contractor. Waste containers located at multiple dwellings shall be marked so as to indicate the residential unit to which they belong.
4.9 NON-DISPOSABLE MATERIALS. These materials shall be disposed of in the manner prescribed by federal or state laws. It shall by unlawful for any person to place for collection any of the following wastes:
Explosives or ammunition
Large quantities of paint (over 5 gallons)
Trees and stumps.
Gravel and concrete
Animal or human waste
Hot ashes (ashes that are fully extinguished and dry may be left for collection in non-combustible containers).
4.10 BUILDING WASTE. All demolition waste resulting from remodeling, construction, or removal of a building, roadway, or driveway shall be disposed of by the owner, builder, or contractor. Building materials of any kind will not be disposed of by the Municipality or its collection service.
4.11 YARD WASTE. Yard waste shall not be placed for solid waste collection. It shall be individually composted or delivered to the contractor for disposal, or delivered to someone else for decomposing. Any compost pile in the Township of Dewey shall be limited to twenty-five (25) cubic yards.
4.12 ALTERATION OF RECYCLABLE MATERIALS. It shall be unlawful to intentionally alter recyclable materials so as to render them as non-recyclable materials.
4.13 RESTRICTION ON TIME OF PLACEMENT. All containers for non-recyclable solid waste or recyclable solid waste that are placed adjacent to the public street for collection as designated by the collector shall be placed adjacent to the public street not earlier than twenty-four (24) hours before the regular collection time and shall be removed within twenty-four (24) hours of the regular collection time.
4.14 SOLID WASTE FROM OUTSIDE THE TOWN. It shall be unlawful to bring solid waste from outside of the Town limits into the Town for disposal by the Town unless specifically authorized by agreement with the Town Board.
4.15 TITLE TO NON-RECYCLABLE AND RECYCLABLE SOLID WASTE.
(A) In the absence of an agreement to the contrary, title to the non-recyclable and recyclable solid waste placed for collection and disposal by the Municipality or its agents shall be vested in the Town as soon as it is placed for collection. It shall be a violation of this ordinance for any person unauthorized by the municipality to collect or pick up or cause to be collected or picked up any solid waste that are placed for disposal by the Municipality or by any authorized agent. Any and each such unauthorized collection or scavenging of any solid waste in violation hereof shall constitute a separate and distinct offense punishable as provided for herein. Nothing herein shall be construed to allow the scavenging, removal, transportation, or resorting of solid waste which has been placed for disposal under this ordinance. Any such scavenging or separation of solid waste that has been placed for disposal by the producer of said solid waste shall be deemed a violation of this ordinance.
(B) This ordinance shall not prohibit the actual producers of solid waste or the owners of residential units or non-residential units upon which solid waste have been accumulated from personally collecting, conveying, and disposing of solid waste, provided such producers or owners do not violate the intent of this ordinance.
4.16 SOLID WASTE ACCUMULATION WHEN A NUISANCE. The accumulation or deposit of solid waste in or upon any lot or land or any public or private place within the Town of Dewey shall not be allowed to accumulate. Violation will result in the occupant and/or owner being notified to clean up his/her area. Violations will result in the owner being prosecuted under the provisions of this ordinance.
4.17 IMPROPER PLACEMENT. No person shall deposit, throw, or place any solid waste in any park, lane, street, public grounds or public place within the Municipality, nor place any solid waste upon any private property not owned by such person.
4.18 INTERFERENCE WITH AUTHORIZED COLLECTOR. No person other than an authorized collector shall collect or interfere with any solid waste after it shall have been put into a solid waste container and deposited in the proper place for the collector, nor shall any unauthorized person molest, hinder, delay or in any manner interfere with an authorized solid waste collector in the discharge of their duties.
4.19 VIOLATIONS, PENALTIES:
(A) Any person who shall violate and be found guilty of the following provisions, Section 4.4 (C), Section 4.14, Section 4.15 (A), Section 4.16, Section 4.17, or Section 4.18 above shall be subject to a forfeiture of $100.00 for the first offense and $250.00 for the second and subsequent offenses.
(B) Any person who shall violate any other provisions of this ordinance shall be subject to a penalty which shall be as follows:
(1) First Offense. Any person found in violation of any provision other than those listed above as a first offender shall receive a warning notice requiring compliance.
(2) Second Offense. Any person found in violation of any provision other than those listed above shall receive a warning notice requiring compliance and may be subject to have solid waste in violation of the provisions herein not collected.
(3) Subsequent Offenses. Any person found guilty of violating any part of this ordinance, except those listed above, who has previously been notified of being in violation or been convicted of violating the same section of the ordinance within one year shall, upon conviction thereof, be subject to having solid waste in violation of the provisions herein not collected and be subject to a $100 fine.
(C) Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this ordinance shall preclude the Municipality from maintaining any appropriate action to prevent or remove a violation of any provision of this ordinance.
(D) The Municipality shall be responsible for enforcing the provisions of Section 4.19 (B)(1) and 4.19(B)(2)“S” No. 2, Letters “a” & “b”. The Municipality shall request the Portage County Sheriff’s Department to issue citations for any of the other violations of this ordinance.
4.20 SPECIAL COLLECTIONS FOR VIOLATIONS. If any entity, including those receiving collection from a private firm, is found in violation of the collection and/or storage requirements of this ordinance, and fail to comply with a notification and/or citation, the Municipality shall be empowered to order a special collection to remove such violation. The person shall be notified of such special collection and the charges thereof. The special collection shall be made; and if billing is unpaid, the bill shall be considered a lien on the property and shall be placed on the tax roll. A person shall not use the special collection provision of this ordinance to circumvent requirements for collection by private firm.
(A) Garbage fees will be placed on the tax roll.
4.22 SEVERABILITY. If any provision of this ordinance is invalid or unconstitutional, or if the application of this ordinance to any person or circumstance is invalid or unconstitutional such invalidity or of this ordinance which can be given effect without the invalid or unconstitutional provisions or applications.
4.23 The Township of Dewey Board reserves the right to amend or repeal this ordinance as the Town Board deems necessary.
EFFECTIVE: JULY 12, 1993
The Town Board of the Town of Dewey, Portage County, Wisconsin do ordain as follows:
5.1 PURPOSE. The purpose of the ordinance is to provide for public safety, to establish rules for layout of, construction of and dedication of roads within the Township, establish rules for public access to public roads, and establish rules concerning weight limit restrictions.
5.2 DEFINITIONS. The following definitions shall be applicable in this ordinance:
(A) Cul-de-sac. A local road with only one outlet and having a single terminal for safe and convenient reversal of traffic.
(B) Driving Surface. The actual paved or finished road surface intended for vehicular travel, not including the shoulders.
(C) Grade. The slope of a road or driveway entrance shall not exceed 8% unless necessitated be topography and approved by the Town Board.
(D) Culvert. A piece of drainage pipe made of plastic, concrete, or galvanized steel.
(E) Driveway. Any entrance from a public roadway to private property.
(F) Right-of-way. A strip of land occupied or intended to be occupied by a road, railroad, utility line, or for other special purposes, and normally requiring public dedication where public maintenance is involved.
(G) Roadtop. The driving surface and shoulders of any road.
(H) Seasonal Permit. A permit to exceed weight limits for an entire posting season, but limited to certain sections of roads, as specified in permit.
(I) Temporary Permit. A permit to exceed weight limits for a specified number of days, and limited to certain sections of roads as specified in permit, during the posting season.
(J) Posting Season. The time of year when roads are posted due to break-up caused by spring thaw.
5.3 STATUTORY AUTHORITY. The Town Board of the Township of Dewey has the specific statuary authority, power, and duties as outlined in Chapter 81 of the Wisconsin Statutes.
5.4 DEDICATION, LAYOUT, CONSTRUCTION OF ROADS.
(A) ASSIGN ROAD NAME. All roads under the Town’s jurisdiction shall be assigned a name. All names shall be approved by the Town Board.
(B) ROAD RIGHT-OF-WAY. All roads dedicated to the Town shall have a minimum right-of-way of 66 feet. Right-of-way markers shall be put in showing the right-of-way lines.
(C) STREET IMPROVEMENTS. All road ways shall be graded to their full width, including side slopes, and to the appropriate sub-grade, and the road top 32 feet in width shall be surfaced with a minimum of 6 inches of road gravel, and the driving surface 22 feet in width shall be surfaced with either 3 inches of a cold mix or 2 inches of a hot bituminous substance (blacktopping), all in accordance with applicable specifications of the Town. Said blacktopping shall not be applied to the road until such time as the 6 inches of road gravel has laid on the proposed road for a period of one winter season (December 15 through May 31). After blacktopping is completed, the remaining roadtop shall be shouldered with material approved by the Town. The remainder of the right-of-way shall be seeded with grass and covered to prevent erosion.
(D) STREET DRAINAGE. All necessary facilities shall be installed sufficient to prevent the collection of surface water in any low spot, and to maintain any natural water course. Drainage facilities satisfactory to the Town Board or designated road superintendent shall be provided for the ends of all cul-de-sacs and dead end streets.
(E) CUL-DE-SACS. Cul-de-sacs or streets designed to have one end permanently closed, shall terminate with a turnaround or not less than 130 feet in diameter with a reserved radius of not less than 50 feet at the entrance of the cul-de-sac. Cul-de-sacs that are back to back must allow a 15 foot utility easement between cul-de-sacs.
(F) OTHER REQUIREMENTS. In addition to the above requirements, all roads shall be constructed pursuant to the provisions of the Wisconsin Statues, Wisconsin Administrative Code, and any other lawful governing authority, including other applicable ordinances of the Town of Dewey. If the Town Board deems it necessary to seek professional engineering expertise in reviewing any road dedication project, the party seeking to dedicate said road shall as a condition of road acceptance, reimburse the Town for the actual cost of such engineering help.
5.5 UTILITIES. The requirements concerning utilities are as following:
(A) Utilities should be located within the outer most 3 feet of the right-of-way. Deviation from this requirement shall require Town approval.
(B) All utilities shall be marked as to their location.
(C) All utility work within the road right-of-way shall receive written approval prior to the beginning of the work.
5.6 PUBLIC ACCESS - DRIVEWAYS.
(A) PLACEMENT OF DRIVEWAY. The placement of any driveway shall be approved by the Town Board before it is installed. The Town Board has the right to limit the number of driveways to a parcel of land.
(B) SPECIFICATIONS. The driveway shall have a grade that is the same as the land features around it. It shall have a grade so that water will not run onto the roadway. The driveway shall have a culvert unless the property owner has received in writing, permission to install a driveway without a culvert. The culvert diameter shall be approved by the Town Board, but shall not be less than 12 inches in diameter.
(C) TEMPORARY DRIVEWAY. Any temporary driveway shall receive prior approval from the Town Board and shall be allowed for a period not to exceed 90 days. It shall have a culvert in place, unless the property owner has received written permission exempting them from not installing a culvert. After the 90 days, the person who received written permission for the temporary driveway shall restore the ditch to its prior condition.
5.7 WEIGHT LIMIT RESTRICTIONS. The Town Board shall have the right to place weight limit restrictions on the town roads as they deem necessary. Dewey Drive from Highway Y to Highway X and Sunset Drive from Highway X to Highway DB shall be posted with Class “B” weight limits. All other blacktop roads shall be posted with a seven and one half ton weight limit. The Town shall allow exemptions and issue permits in the following categories: total exempt, seasonal exempt, temporary exempt, and emergency exempt. The following list of categories will specify uses and procedures for each category:
(A) TOTAL EXEMPT. The following uses are exempt from any permit requirements: school buses, garbage and/or recycling trucks contracted with the Town of Dewey on the specified route days, Town trucks engaged in snowplowing or emergency road repairs, emergency vehicles, and any other vehicles the Town would deem total exempt.
(B) SEASONAL EXEMPT. The following uses could receive a seasonal exempt permit. These permits would be approved and issued by the Town Chairperson. The permit should be carried in the vehicle during the entire posting season, and are good only for the posting season issued. These uses are milk trucks on roads that would be designated on their permit, trucks from businesses within the Town, but limited to leaving in the morning and returning in the evening on established routes designated on their permits, trucks of over the road haulers coming to or leaving their residence on a route designated on their permit, or any other truck on an established route that the Town Chairman would approve.
(C) TEMPORARY EXEMPT. A temporary exempt permit would be approved by the Town Board and issued by the Town Chairperson. This permit would need to be carried in the vehicle the entire time for which it would be issued. These permits would be issued by the Town Chairperson on a case by case basis.
(D) EMERGENCY PERMIT. An emergency permit would be approved by the Town Chairman and issued by the Town Clerk or Chairman. The permit would need to be carried in the vehicle during the time for which the permit is issued.
5.8 SAFETY. The following actions are prohibited by this ordinance: damaging and/or removing any road name signs, stop signs, and/or any other road signs in the Town of Dewey. Removing or tampering with any right-of-way markers. Encroachment upon the right-of-way, filling in, plowing or in any other way damaging the ditch lines, slopes, shoulders or roadway.
5.9 VIOLATIONS, PENALTIES. The following penalties shall be enforced for Section 5.4: any person, firm or corporation who fails to comply with the provisions of this ordinance, shall upon conviction forfeit the following penalties. Section 5.4 - Not less than $500 nor more than $2,000, Section 5.5 and 5.6 not less than $50 nor more than $200, Section 5.7 not less than $100 nor more than $200. Plus the fine for the amount of overload. Section 5.8 not less than $100 not more than $500, together with the costs of prosecution for each violation and in default of payment thereof shall be imprisoned in the County Jail of Portage County, Wisconsin, until payment of such forfeiture and costs but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense.
5.10 SEVERABILITY. If any portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. The Town of Dewey Board reserves the right to amend or waive any parts of this ordinance it deems necessary. They also reserve the right to repeal this ordinance as they deem necessary.
PROVISIONAL OPERATOR’S ORDINANCE
EFFECTIVE: SEPTEMBER 25, 1991
The Town of Dewey Board, County of Portage, Wisconsin does ordain as follows:
6.1 PURPOSE. This ordinance allows for issuance on a provisional basis of a license to those applying for an operator’s (bartender’s) license for service or sale of alcoholic beverages. A provisional license may only be issued to those persons that have not completed a responsible beverage service course and exhibited proof of compliance with that training standard set forth in current Wisconsin Statute 125.17(6). A provisional license allows time to obtain training required for working without supervision of another licensed person in a Class A or B business or organization.
6.2 ELIGIBILITY. Each applicant must be at least 18 years of age, and have completed an application form supplied by the clerk in order for the board to consider approval. All arrests and convictions of the applicant shall be disclosed on the application or an attached sheet. The applicant for a provisional license must present, with the applicant, proof that the applicant is enrolled in a training course under Section 125.17(6) (a) of Wisconsin Statutes.
6.3 TERM. The provisional license shall be effective until a certificate or other proof of compliance with training requirements is presented to the clerk. In no case will the provisional license be effective more than 60 days after issuance. The issuance date, final date of validity, or both, shall be placed on the license form when issued.
6.4 ISSUANCE. Only those persons initially approved by the board shall receive a provisional license. The clerk is authorized to issue such a license. In the event a person requests issuance of a provisional license extension , and has had no arrests or convictions since prior board approval, the clerk is authorized to issue a further license, under the standards contained herein, and payment of the fee.
6.5 FEES. The sum of $10 is required to be paid by or for the applicant prior to license issuance. This fee amount will not exceed $10 unless state law and this ordinance are amended.
6.6 REVOCATION. In the event, following issuance, it is discovered a part of the license application was false that, in the clerk’s judgment, might have affected the board’s decision on whether to license, including but not limited to past crimes or arrests, then the clerk may revoke said license. Upon making such a decision, the clerk shall mail or have a written notice delivered to the license holder, notifying the person the action taken, the reason(s) for such action, and the right to have a license review hearing before the town board, upon the applicant’s written request. When a request for hearing is made, the board shall follow general procedures as set forth in Section 125.12, although no complaint is required. The clerk shall notify the licensee of the board time scheduled for hearing the matter, by mail or delivery. Any mail notice in this ordinance is sufficient if mailed by first class to the last known address of the licensee, in an envelope containing the return address of the town or clerk. No request for a license review hearing is valid when received past the final day the provisional license would have been effective.
EFFECTIVE: JUNE 7, 1993
The Town of Dewy hereby adopts the following ordinance in regard to building information for new construction.
7.1 The Town of Dewey will require a Town Information Request Form for any new construction on a parcel of land which does not currently have any buildings. At the time this building information form is issued the property owner will receive all the information needed to comply with: (1) Town Road Ordinance, which includes proper driveway construction, (2) receive an address for the residence, which is also the fire number, (3) town waste management information, which details garbage and recycling and other waste management rules, (4) any other information that the Town may deem necessary.
7.2 The Building Information Request Form shall be obtained from the Town Clerk, and shall be obtained before any construction has begun on the property. There will be no cost for this form.
7.3 Violations of this ordinance shall face forfeiture of not less than $5 or more than $25 per day, for each day of violation plus cost or prosecution.
7.4 If any portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.
7.5 The Township of Dewey Board reserves the right to amend or repeal this ordinance as the Town Board deems necessary.
TRAFFIC CONTROL ORDINANCE
EFFECTIVE: JULY 12, 2004
The Town Board of the Town of Dewey does ordain as follows:
This section of Town Code of Ordinance is entitled “Traffic Control Ordinance.” The purpose of this ordinance is as follow: To regulate the orderly and safe flow of traffic within the Town of Dewey.
The Town Board of the Town of Dewey has the specific statutory authority, power and duties, pursuant to the specific statutory sections noted in this ordinance and/or by its adoption of village powers under Sec. 60.10, (1988-1989)Wis.Stats., to regulate, control and enforcement against certain uses, activities, businesses and operations by persons that may effect the traffic in the Town of Dewey.
8.3 Adoption of Ordinance
The Town Board of the Town of Dewey has, by adoption of this ordinance, confirmed the specific statutory authority, powers and duties noted in specific sections of this ordinance and has established, by these sections and this ordinance, the regulations, controls and enforcement against certain uses, activities, businesses and operations by persons that may effect the traffic in the Town of Dewey.
8.4 General Provisions
Except as specifically noted otherwise in this ordinance, in chapters 340 to 348, (1988-1989) Wis Stats., inclusive, describing and defining regulations with respect to vehicles and traffic for which the penalty is a forfeiture only, including penalties to be imposed and procedure for prosecution, are hereby adopted and incorporated by reference by the Town of Dewey and made part of this ordinance as if fully set fort herein. Any future amendments, modifications, revisions, additions or deletions of the above noted statutory chapters shall be incorporated herein and made part of this ordinance in order to secure uniform state regulations of traffic on the public highways, roads, streets and alleys of the State of Wisconsin.
8.5 No Parking
The Town of Dewey establishes, by this ordinance, the following areas marked by the Town of Dewey by traffic signs as “No Parking” areas in the Town of Dewey:
1) Hay Meadow Drive: From the section line between Sections 16 and 21 in T. 25N.-R8E. to a point North for a distance of approximately ½ mile in both sides of the road.
8.6 Speed Limit (45 M.P.H.)
The Town of Dewey establishes, by this ordinance, the following areas marked by the Town of Dewey:
1) Pioneer Road - all portions situated in Sections 35 and 36, Township 25 North, Range 8 East, in the Town of Dewey, Portage County, Wisconsin, shall be not greater than 45 miles per hour.
2 Dewey Drive - all portions of Dewey Drive situated in Sections 25, 26, 35, and 36, Township 25 North, Range 8 East, in the Town of Dewey, Portage County, Wisconsin.
3) Dewey Drive- from County Road X to the intersection with Maple Drive is Section 31, Township 25 North, Range 8 East in the Town of Dewey, Portage County, Wisconsin.
4) Sunset Drive- from the town line just north of County Road X going north for .75 of a mile in Section 36, Township 25 North Range 7 East in the Town of Dewey, Portage County, Wisconsin.
8.7 Speed Limit (35 M.P.H.)
The Town of Dewey establishes, by this ordinance, the following areas marked by the Town of Dewey by traffic signs as “Speed Limit 35 M.P.H.” areas in the Town of Dewey:
1) DuBay Drive – From County Road DB To Park Road in Section 3, Township 25 North, Range 7 East, in the Town of Dewey, Portage County, Wisconsin.
8.8 Slow Children Area
The Town of Dewey establishes by this ordinance, the following areas marked by the Town of Dewey by traffic signs as “Slow Children” areas in the Town of Dewey:
1) Pioneer Road – All portions situated in Sections 35 and 36, Township 25 North, Range 8 East, in the Town of Dewey, Portage County, Wisconsin.
A JOINT ACTION EMERGENCY GOVERNMENT ORDINANCE
EFFECTIVE: JUNE 29, 1977
A Joint Action Emergency Government Ordinance between the County of Portage and the Municipality of Dewey to cope with emergencies resulting from enemy action and with emergencies resulting from natural disasters.
The Municipality of Dewey does ordain as follows:
9.1 A Joint Action Ordinance of the Board of Supervisors of Portage County providing for a county-municipal joint action emergency government plan of organization was adopted by said County Board on the 29th day of June, 1977. A copy of said County Ordinance is attached hereto, and made a part hereof, by reference, and is hereby ratified and accepted by the Municipality of Town of Dewey, County of Portage.
This ratification and acceptance of the Joint Action Ordinance shall constitute a Mutual Agreement between the Municipality of Town of Dewey and the County of Portage as provided by those sections relating to the joint action status of the organization.
9.2 The County-Municipal Emergency Government Director, appointed and employed by the Portage County Board as provided in the referred to Ordinance is hereby designated and appointed Emergency Government Director for the Municipality of Town of Dewey, subject to the conditions and provisions as set forth in the Wisconsin Statues, and the Portage County Joint Action Ordinance.
9.3 All Ordinances and/or Resolutions in conflict with this Ordinance are hereby repealed.
9.4 This Ordinance shall take effect and be in full force from, and after, its passage and publication.
EFFECTIVE: APRIL 1, 1998
A sole ordinance to regulate boating upon the waters of the Town of Dewey in Portage County, WI and prescribing penalties for violations thereof.
10.1 Applicability and enforcement
(A) The provisions of this ordinance shall apply to those waters within the jurisdiction of the Town.
(B) This ordinance shall be enforced by the Portage County Sheriff’s Department and any other authorized law enforcement officer.
The intent of this ordinance is to provide safe and healthful conditions for the enjoyment of aquatic recreation consistent with public rights and interests, and the capability of the water resources.
10.3 State boating and safety laws adopted
State boating laws as found in ss. 30.50 to 30.71, WI statues. Are adopted by reference.
Definitions found in ss. 30.50 to 30.71, WI statues. Are adopted by reference.
10.5 Water-ski pick-up/drop area
Lake DuBay reservoir - “South Bay Beach” public access - That area within 100 feet of the water ski dock located 540 feet south of the public boat launch.
10.6 Posting requirements
This ordinance or information within this ordinance shall be prominently posted at all public access points by the Town as required by ss 30.77(4) WI statues.
Wisconsin state boating penalties as found in s. 30.80 WI statues, and deposits as established in the uniform deposit and bail schedule established by the Wisconsin Judicial Conference, are hereby adopted by reference with all references to fines amended to forfeitures and all references to imprisonment deleted.
The provisions of this ordinance shall be deemed severable and it is expressly declared that the Board would have passed the other provisions of this ordinance irrespectively of whether or not one or more provisions may be declared invalid. If any provision of this ordinance or the application to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provisions to other persons or circumstances shall not be effected.
VOLUNTEER FIRE DEPARTMENT ORDINANCE
EFFECTIVE: December 16, 1998
Pursuant 60.55 WI stats. The Town of Dewy hereby adopts the following ordinance in regard to fire protection.
(A) General. Dewey Fire Department , here on known in the chapter as the Department, meetings will be held on the first and third Tuesday of each month. The first meeting will be a business meeting and the second will be a training meeting.
(B) Order. The meeting will be brought to order by the Chief. The Chief will chair the meetings. In the absence of the Chief, the highest ranking officer will chair the meeting. Minutes will be read by the secretary and acted on. The Chairperson will announce subjects for discussion. All members will be allowed to provide their opinion on all subjects. A second opportunity to voice opinions will be given only after all members have been given an opportunity to voice their opinion once. If the issue is not resolved in a reasonable amount of time, the issued will be tabled until the following meeting. After discussion, the present members will vote. Majority vote will rule. If there is no more business, a motion will be acted on to adjourn the meeting.
(A) Any person living in the Town, or reasonable distance from the Town, which holds a valid drivers license, and has not been convicted of a felony, and is eighteen (18) years of age, will be eligible to join the Department. Entry level firefighter courses are required to be completed as soon as they become available. Firefighters will be put on a one (1) year probation period. After the one (1) year, an evaluation will be conducted by the chief, Assistant Chief and officers of the Department to determine if the individual has met the criteria of the Department. If criteria has been met the individual will be instated as a firefighter.
(B) Trained firefighters wishing to transfer into the Department must live within reasonable distance from the Town, may not have a felony conviction, complete a one (1) year probation period, be evaluated by the Chief, Assistant Chief and Officers to determine if the individual meets the criteria of the Department and must be approved by the Chief, Assistant Chief and Officers with a background check.
(C) The maximum firefighters on the Department will be twenty five (25). Additional interested people will be put on a waiting list.
(D) Three unexcused absences will be cause for dismissal from the Department. Absence due to work on their primary job is excused. Firefighters are to notify the Chief or Assistant Chief when they will be absent.
(E) Firefighters must attend six (6) training sessions each year.
(F) Firefighters will receive one point for attending meetings, fires, maintenance days, ect. Firefighters will be paid for each point at the end of the calendar year.
(G) Firefighters must be present and active for at least ¾ of each meeting to earn a point
(H) If firefighter drivers license is revoked, they will be unable to drive apparatus, or respond in their own vehicle unless approved by the State of Wisconsin. Notification of revocation of license must be reported to the Chief or Assistant Chief immediately. The Volunteer Firemen’s Insurance Services Inc. guidelines will be followed as closely as possible
(I) Any misconduct of a firefighter will be reviewed by the Chief, Assistant Chief, Officers and Personnel Committee with possible suspension from the Department. Firefighters charged with a felony will be suspended from the Department. Convicted felons will be permanently suspended.
(J) A personnel committee may be created. The personnel committee chairperson will be appointed by the personnel committee. Officers will act as the personnel committee if a committee is not created.
(A) The Fire Chief and Assistant Chief are appointed by the Town Board.
(B) All Officers, other than Fire Chief and Assistant Fire Chief, will be appointed by the Fire Chief and the Assistant Chief. Firefighters wishing to fill position vacancies can present their qualifications to the Chief or Assistant Chief and will be considered for that vacancy. All members of the Department will be notified of vacancies before the position appointment is made.
The provisions of this ordinance shall be deemed severable and it is expressly declared that the Board would have passed the other provisions of this ordinance irrespectively of whether or not one or more provisions may be declared invalid. If any provision of this ordinance or the application to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provisions to other persons or circumstances shall not be effected.
ORDINANCE TO APPOINT ALTERNATE MEMBERS FOR BOARD OF REVIEW
EFFECTIVE: April 18, 2018
Whereas, 1997 WIS. Act 237 has amended the procedures for Board of Review procedures commencing in the year 2000., and
Whereas, one of the changes to Sec. 70.47 of Wis. Statues, 70.47 (6m) (a) and 70.47 (6m) (b) authorizes the removal of Board of Review Members for individual cases; and
Whereas, Sec. 70.47(6m) (c) authorizes the appointment of alternative members to serve on the Board of Review when standing members are removed from individual cases;
Now Therefore, be it resolved that the Town Board of the Town of Dewey, Portage County, Wisconsin does ordain as follows:
Pursuant to Section 70.47(6m) (c) and Sec. 70.46(1) of Wis. Statues the Town Board of the Town of Dewey hereby provides for the appointment of alternates to serve on the Town of Dewey Board of Review in the event a standing board member(s) of the Board of Review is/are removed or unable to serve for any reason.
The following electors of the Town of Dewey are hereby named as alternates in the order indicated to serve as alternate Board of Review Members.
Alternative 1. Josallyn Napiwocki
Alternative 2. Tim Pazdra
The appointments made in this ordinance are for the year 2018 Board of Review proceedings and shall automatically renew each following year until section 4 (2) of this ordinance is amended. This Ordinance shall take effect upon passage by a majority vote of the Town Board and publication and/or posting as required by law.
Adopted the 18th day of April 2018
Ordinance relating to confidentiality of income and expenses provided to Assessor for assessment purposes.
EFFECTIVE: May 17, 2000
The Town Board of the Town of Dewey, Portage County does ordain as follows:
1. This ordinance adopts by reference Wisconsin Statue Sec. 70.47 (7) (af). Income and Expense information provided by property owner to an assessor for the purposes of establishing the valuation for assessment purposes by the income method of valuation shall be confidential and not a public record open to inspection or copying under sec. 19.35 (1) of Wis. Statues.
2. Exceptions. An officer may make disclosure of such information under the following circumstances:
a. The assessor has access to such information in the performance of his/her duties.
b. The Board of Review may review such information when needed. In its opinion, to decide upon a contested assessment:
c. Another person or body has the right to review such information due to the intimate relationship to the duties of an office as set by law;
d. The officer is complying with a court order;
e. The person providing the income information has contested the assessment level at either the Board of Review or by filing a claim for excessive assessment under Sec. 74.37. In which case the base records are open and public.
3. Severability. The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and shall not affect the validity of any other provisions sections or portions thereof of the ordinance. The remainder of the ordinance shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict.
4. Effective Date
This ordinance shall take effect immediately upon passage and posting as provided by law.
Adoption of the Comprehensive Plan
of the Town of Dewey, Portage County, Wisconsin
EFFECTIVE: July 22, 2009
Pursuant to Section 62.23(2) and (3) of the Wisconsin Statues, the Town of Dewey is authorized to prepare and adopt a Comprehensive Plan as defined in Section 66.1001(1)(a) and 66.1001(2) of the Wisconsin Statutes.
The Dewey Town Board has adopted written procedures designed to foster public participation during the preparation of the Town’s Comprehensive Plan as required by Section 66.1001(4)(a) of the Wisconsin Statutes.
The Plan Commission of the Town of Dewey, by majority vote of the entire Commission on November 13, 2006, as recorded in its official minutes, has adopted a resolution recommending to the Dewey Town Board the adoption of the Town of Dewey Comprehensive Plan, containing all of the required elements specified in Section 66.1001(2) of the Wisconsin Statutes.
The Dewey Town Board worked in concert with the Dewey Plan Commission through 2007, 2008 and early 2009 to address individual issues regarding land use and revising sections of Chapter text.
The Dewey Town Board held a public hearing on the proposed Comprehensive Plan on May 13, 2009 in compliance with the requirements of Section 66.1001(4)(d) of the Wisconsin Statutes.
The Town Board of the Town of Dewey, Wisconsin, does, by enactment of this Ordinance, formally adopt the document entitled “Town of Dewey Comprehensive Plan 2009” pursuant to Section 66.1001(4)(c) of the Wisconsin Statutes.
The provisions of this Ordinance shall be deemed severable and it is expressly declared that the Dewey Town Board would have passed the other provisions of this Ordinance irrespective of whether or not one or more provisions may be declared invalid. If any provision of this Ordinance or the application to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provisions to other persons or circumstances shall not be affected.
This Ordinance shall take effect upon passage by a majority vote of the Dewey Town Board and publication as required by law, and the Comprehensive Plan for the Town of Dewey shall be amended as deemed appropriate by the Town Board.
Posted this 15th day of July, 2009
Published this 22nd day of July, 2009
TOWN PLAN COMMISSION ORDINANCE
EFFECTIVE: June 13, 2001
This chapter of this ordinance is to establish a Town of Dewey Plan commission and set forth its organization, powers and duties, to further the health, safety, welfare and wise use of resources for the benefit of current and future residents of the town and affected neighboring jurisdictions, through the adoption and implementation of comprehensive planning with significant citizen involvement.
The purpose of this ordinance is to establish a Town of Dewey Plan Commission and set forth its organization, powers and duties, to further the health, safety, welfare and wise use of resources for the benefit of current and future residents of the town and affected neighboring jurisdictions, through the adoption and implementation of comprehensive planning with significant citizen involvement.
The town board of the Town of Dewey has been authorized by the town meeting under sec. 60.11(2)(c), Wis. Stats., to exercise village powers and the town has a population of less than 2,500, according to the most recent regular federal census, sec. 990.01 (29), Wis. Stats.
The town board hereby exercises village powers under sec. 60.22(3), Wis. Stats., and establishes a five (5) member plan commission under secs. 60.62(4), 61.35 and 62.23, Wis. Stats. The plan commission shall be considered the “Town Planning Agency” under sec. 236.02(13) and 236.02(13), Wis. Stats., which authorize, but do not require, town adoption of a subdivision or other land division ordinance.
15.4 ADOPTION OF ORDINANCE
The town board of the Town of Dewey has, by adoption of this ordinance, confirmed the specific statutory authority, powers and duties noted above in Chapter 60, (1988-1989) Wis. Stats., and as noted, the specific statutory authorities, powers and duties in the sections of this ordinance and has established, pursuant to Chapter 60, (1988-1989) Wis. Stats. and this ordinance, the powers to establish this commission, the powers to retain or appoint the members, the power to remove the members of the commission, the power to establish the powers and duties of the commission, the power to compensate the commission members and the power to terminate the commission.
The Plan Commission shall consist of five citizens members. A town board member may serve on the Plan Commission should there not be any other in interested or qualified individuals.
Commission members shall be full time residents (reside more than 6 months out of the year in the town), and be eligible to vote in the town.
The Town Board Chairperson shall appoint the members of the Plan Commission and designate a Plan Commission Chairperson during the months of December to fill any expiring term. (All appointments are subject to the advisory approval of the town board.) any citizen appointed to the Plan Commission shall take and file the oath of office within five (5) days of notice of appointment, as provided under secs. 19.01 and 60.31, Wis. Stats.
15.8 TERMS OF OFFICE
The term of office for the Plan Commission members shall be for a period of three (3) years, ending on December 31, or until a successor is appointed and qualified, except:
(1) Initial terms. The initial appointments to the town land use planning committee now to be known as town plan commission that were made in December of 1999 shall remain in effect through completion of their terms. The initial terms of three (3) two year terms and two (2) three year terms as appointed in December of 1999 shall remain in place.
Should a commission member be unable to complete their term, the town board shall appoint someone to fill the vacancy on the plan commission to serve the remainder of the term.
15.11 RULES AND RECORDS
The Plan Commission, under sec. 62.23(2), Wis. Stats., may adopt rules for the transaction of its business, subject to town ordinances, and shall keep a record of its resolutions, transactions, findings and determinations, which shall be a public record under secs. 19.21-19.39, Wis. Stats. This ordinance shall require the following:
(1) All meetings must have a minimum of 3 members present to conduct business
(2) Copies of all meeting minutes shall be forwarded to the town clerk.
(3) Copies of all resolutions, transactions, findings and determinations along with commission recommendations and votes shall be forwarded to the town board for consideration.
(4) The town clerk will be responsible for posting meeting notices and notification to the newspaper. The clerk will maintain files of all commission-meeting notices, agendas and the minutes with all corresponding documents.
The Plan Commission may under sec. 62.23(1), Wis. Stats., employ experts and pay for their services and necessary and proper expenses subject to limits set by prior approval of the town board.
15.13 CHAIRPERSON AND OFFICERS
(1) Chairperson. The Plan Commission Chairperson shall be appointed and serve a term as provided in sections 7 and 8 of this ordinance. The chairperson shall, subject to town ordinances and commission rules, provide leadership to the commission, preside at commission meetings and hearings, set meeting and hearing dates and agendas, and ensure that the laws are followed
(2) Vice Chairperson. The Plan Commission may elect, by open vote or secret ballot under section 19.88(1), Wis. Stats., a Vice Chairperson to act in the place of the chairperson when the chairperson in absent or incapacitated for any cause.
(3) Secretary. The Plan Commission shall elect, by open vote or secret ballot under sec. 19.88(1), Wis. Stats., One of its members to serve as secretary. The Secretary will take minutes of the meetings or hearings. The Secretary shall forward copies of all information presented to the
Commission to the town board. The Secretary will record all motions, seconds, along with the vote on all issues. The Secretary will forward minutes and recommendations to the town clerk.
15.14 COMMISSION POWERS AND DUTIES
The Plan Commission, under section 62.23(4), Wis. Stats., shall have the power:
(1) Necessary to enable it to perform its functions and promote town planning
(2) To receive from public officials, within a reasonable time, requested available information required for the commission to do its work.
The Plan Commission duties shall be as follows:
(3) To promote land use planning in the town.
(4) Create and maintain an updated town land use plan, forwarding it to the town board for approval.
(5) Create and maintain an updated town-zoning map, forwarding it to the town board for approval.
(6) Review and make recommendations on land divisions as needed. They are responsible to see that request meet the goals of the town land use plan.
(7) Review and make recommendations on revisions to the town land use plan
(8) Review and make recommendations on zoning change request. Recommendations to be based on town land use plan.
(9) The Plan Commission shall prepare for adoption a comprehensive plan under sections 62.23 and 66.1001, Wis. Stats., and follow the procedures in section 66.1001(4), Wis. Stats., and forward the plan to the town board for final adoption.
Commission members shall receive the following compensation:
(a) $20.00 per meeting per diem
(b) Mileage reimbursement at the rate the town has set
(c) Additional expenses may be covered but only with prior town board approval
The provisions of this ordinance shall be deemed severable and it is expressly declared that the Dewey Town Board would have passed the other provisions of this ordinance irrespective of whether or not one or more provisions may be declared invalid. If any provision of this ordinance or the application to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provisions to other persons or circumstances shall not be affected.
15.17 EFFECTIVE DATE
Following passage by the town board, this ordinance shall take effect the day after the date of publication or posting as provided by section 60.80, Wis. Stats.
SLOW-NO-WAKE AREA ORDINANCE
A joint ordinance to regulate boating upon the waters in the Towns of Dewey and Eau Pleine in Portage County WI and Bergen and Knowlton in Marathon County WI and prescribing penalties for violations thereof.
The Town Boards of Dewey, Eau Pleine, Bergen do ordain as follows:
16.1 Applicability and Enforcement
(A) The provisions of this ordinance shall apply to those waters within the jurisdiction of the Towns of Dewey and Eau Pleine in Portage County WI and the Towns of Bergen and Knowlton in Marathon County WI.
(B) This ordinance shall be enforced by the Portage County and Marathon County Sheriff’s Departments and any other authorized law enforcement agency/officer.
The intent of this ordinance is to provide safe and healthful conditions for the enjoyment of aquatic recreation consistent with public rights and interests, and the capability of the water resources.
16.3 State boating and safety laws adopted
State boating laws as found in SS.30.50 to 30.71, WI. Statutes are adopted by reference.
(A) Definitions found in SS.30.50 to 30.71, WI Statutes are adopted by reference
(B) “Slow-No-Wake” means that speed at which a boat moves as slowly as possible while still maintaining steerage control.
(C) “Weekend” for the purpose of this ordinance shall be defined as the time period from 6:00 p.m. Friday until 12:00 a.m. Monday.
(D) “4th of July” Holiday for the purpose of this ordinance shall be defined as July 3rd, July 4th and July 5th
16.5 Controlled Areas
(A) No person shall operate a boat faster than “Slow-No-Wake” in the waters of Lake DuBay within 100 feet of;
� The 2 bridges on County Hwy DB signified by “Slow-No-Wake” signs posted on the bridges
� State Hwy 34 and railroad bridge signified by “Slow-No-Wake” signs posted on the bridges
� Bridge Road bridge and waters west of the bridge up the little Eau Pleine River signified by “Slow-No-Wake” signs
(B) No person shall operate a boat faster than “Slow-No-Wake” in the waters of Lake DuBay in the entire bay south and east of the County Road DB bridge located .10 of a mile south of the Marathon/Portage County line signified by “Slow-No-Wake” signs posted on the bridge and delineated by the “Slow-No-Wake” buoys on Weekends and Holidays.
The “Slow-No-Wake” ordinance shall be in effect in this area when the buoys are in place.
Under SS30.69 and SS30.742 the following provisions shall apply for exemptions for water exhibits, demonstrations and shows:
(A) Event organizers must make application with the town board who has jurisdiction of the area where the event will be held at least 30 days prior to the date of the event
(B) Application shall specify the location, date(s), time(s) and purpose of the event
(C) Event organizers shall specify how they will give public notice of the purposed event
(D) Event organizers shall be required to provide all law enforcement agencies with a minimum of a 1 week notice of the event and shall provide town board with a copy of that notice
(E) Event organizers shall be responsible for clean-up of the area upon completion of the event
(F) The town board shall upon approval of event provide a written permit for the event and event organizers shall provide copies of that permit to any law enforcement agency upon request.
(G) The town board retains the right to approve or deny any request or to revoke the permit at any time.
16.7 Posting Requirements
The Towns shall place and maintain information contained with this ordinance at all public boat landings within the jurisdiction of the Towns as required by SS. 30.77(4) WI Statutes.
Wisconsin state boating penalties as found in SS. 30.80 WI Statutes, and deposits established in the uniform deposit and bail schedule established by the Wisconsin Judicial Conference, are hereby adopted by reference with all references to fines amended to forfeitures and all references to imprisonment deleted.
The provisions of this ordinance shall be deemed severable and it is expressly declared that the Board would have passed the other provisions of this ordinance irrespectively of whether or not one or more provisions may be declared invalid. If any provision of this ordinance or the application to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provisions to other persons or circumstances shall not be affected.
16.10 Effective Date
This ordinance shall take effect upon passage and publication as require by law.
Posted this 15th day of July, 2009
Published this 22nd day of July, 2009