1. Open Burning
2. Powers of Fire Chief and Recovery of Costs Associated with Firefighting
3. Fire Code Inspection Ordinance
4. Traffic Control / Speeding
5. Parking
6. Firearms Amendment 1. Discharging of Weapons Provisions for

   Waiver of Section II

7. Prohibiting Encroachment upon Roads, Streets, Alleyways and Easements
8. Construction or Opening of Driveway on Roadway
9. Care, Maintenance and Control of Dogs, Cats and Pets. Amendment 1. Two dog limit. La Crosse Co Ord. 15 (11/97) relating to collection of delinquent dog licenses
10. Curfew
11. Barbed Wire Fences
12. Licensing and Regulation of Community Antenna Television System (CATV)
13. Boating Regulation
14. Adopting State Statutes for Forfeitures
15. Town Records, Town Property, Public Records and Public Property
16. Fireworks
17. Cabaret Licensing
18. Street Number Posting
19. Regulation of Outdoor Solid Fuel Furnaces
20. Regulation of Neighborhood Electric Vehicles

1. Health and Sanitary Regulation
2. Mandatory Connections to Public Sewer
3. Refuse and Recycling
4. Disposition of Sludge
5. Storage of Personality
6. Cross-Connection Control
7. Well Abandonment
8. Regulation of Lawn Grasses
9. Prohibiting the Feeding of Deer

10. No Smoking Ordinance

1. Parks and Playgrounds

1. Subdivision Control and Platting of Lands
2. Planning Commission
3. Condominium Control
4. Adoption of Comprehensive Plan

To codify the general ordinances of the Town

of Shelby, La Crosse County, Wisconsin, as

the same existed up to and including the

11^th day of January 1996.

Section II. Authority. The Town Board of the Town of Shelby has adopted Village Powers pursuant to Section 60.10(2)(c) and 60.22(3), Wis. Stats. In addition, the Town Board of the Town of Shelby has the specific authority, powers and duties, pursuant to Sections 60.10, 60.20, 60.22 and 60.23, Wis. Stats., and has, with authorization at a Town meeting, additional statutory authority, powers and duties to manage and direct certain affairs of the Town of Shelby. In addition, the Town Board of the Town of Shelby has additional general and specific statutory authority, powers and duties establish beyond Chapter 60, Wis. Stats.

Section III. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

That the Code of Ordinances in this book entitled "The Municipal Code Book of the Town of Shelby, La Crosse County, Wisconsin," a copy of which is on file in the Office of the Town Clerk for public inspection, shall be and is hereby adopted as the general ordinances for the Town of Shelby, La Crosse County, Wisconsin.

Section IV. Effective Date: This Ordinance shall take effect on January 11, 1996. The provisions of this Ordinance shall prevail over any previous ordinances of the Town of Shelby that are or may be in conflict therewith.

Section II. Authority. The Town Board of the Town of Shelby, La Crosse County, Wisconsin, has the specific authority under s. 66.0103, WI Stats, to enact a code or partial code of some or all of its general ordinances by enacting an ordinance that incorporates the code by reference.

Section III. Adoption of Ordinance. This Ordinance, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice have been give, provides the authority for the town to revise and enact revisions to Chapters 1-5 of its Code of Ordinances in and for the Town of Shelby, La Crosse County, Wisconsin. The revisions are incorporated in the ordinance by reference.

Section IV. Effective Date: This Ordinance shall take effect upon passage and publication or posting. The provisions of this Ordinance shall prevail over any previous ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section I. Title/Purpose. This Ordinance is entitled "Open Burning Ordinance." The purpose of this ordinance is as follows:

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

1. Nothing in this Ordinance shall limit the responsibility or liability of a person for burning anywhere in the Town of Shelby, or for burning in forest, marsh or fields areas as defined, regulated or prohibited by Chapter 26, Wis. Stats., nor serve to effect the liability of persons permitting the fire to escape from their control as further provided in Section 26.14, Wis. Stats.

2. Permit holders shall be liable for the cost of suppression in the event the fire becomes out of control and the Fire Department responds.

3. Permit holders shall not be allowed to burn during a period when a "Burning Ban" is in effect. Persons burning at those times shall constitute a violation of this ordinance.

Section III. Permits. Permits for open burning may be obtained from the Shelby Fire Department for the following purposes:

Section IV. Enforcement and Penalties. Any person violating any provision of this Ordinance shall be subject to a forfeiture of One Hundred Fifty Dollars ($150.00), and all costs of fire suppression, if applicable. The Town Board shall establish the current cost of suppression to be charged pursuant to this section.

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

Section VI. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section I. Title/Purpose. This Ordinance is entitled "Powers of the Fire Chief and Recovery of Costs Associated with Firefighting." The purpose of this ordinance is as follows:

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

1. Any person, firm, organization or other entity to whom a fire, accident or 1^st responder call was provided shall be liable to the Town for the cost of labor and materials for responding to every vehicle fire, accident or 1^st responder call on the highway. The Town Board shall establish the current cost of responding to calls under this section.

2. Any person, firm, organization or other entity liable to the Town of Shelby for actual cost of labor and materials pursuant to Section II.C and Section II.D shall make payment within thirty (30) days of receipt of an invoice. Upon the failure of the person, firm, organization or other entity to make payment in full, the Town clerk shall levy and collect a special assessment upon the benefited property.

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

Section VI. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

1. Orders. Whenever officers or members of the Fire Department shall find in any building or upon any premises dangerous or hazardous conditions, the Fire Marshall shall investigate and order such dangerous conditions or materials removed or remedied in a manner specified by the Fire Marshall. These dangerous or hazardous conditions are enumerated, but not limited to, as follows:

1. Any building or other structure which for want of repairs, lack of sufficient fire escapes or other exit facilities, automatic or other fire alarm apparatus or fire extinguishing equipment, or by reason of age or dilapidated condition or from any other cause, creates a fire hazard; and

2. Hazardous and biological or other RAD Items.

Section III. Enforcement and Penalties. Any person or entity violating any provision of this Ordinance shall be subject to a forfeiture of One Hundred Dollars ($100.00) per violation.

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

Section V. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

1. Except as specifically noted otherwise in this ordinance, in Chapters 340 to 348, Wis. Stats., inclusive, Chapter 350 and Section 941.01, Wis. Stats., describing and defining regulations with respect to vehicles, traffic and snowmobiles 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 Shelby and made part of this ordinance as if fully set forth herein.

2. 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.

3. The Town Board of the Town of Shelby establishes, by this Ordinance, in compliance with Chapters 346 and 349, Wis. Stats., the following maximum speed limits on the following public highways, roads, streets and alleys in the Town of Shelby:

Cedar Road - School Zone

Hagen Road - School Zone

Park Drive - In Mormon Coulee Park

Park Drive West - In Mormon Coulee Park

Section III. Enforcement and Penalties. The Town of Shelby Establishes, by this ordinance, that the enforcement of traffic ordinances in the Town of Shelby shall be in accordance with the Joint Municipal Court Ord., Town of Shelby Ordinance # 11.01. Deposits may be made in conformance with Section 345.26, Wis. Stats. Forfeiture penalties shall be as established by the Town Board of the Town of Shelby.

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

Section V. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section I. Title/Purpose. This ordinance is entitled "Parking Ordinance." The purpose of this Ordinance is as follows:

To promote the safety, health and general

welfare by regulating parking in the Town of

Shelby.

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

1. Definitions.

   1. Vehicles: Cars, trucks, motorcycles, recreational vehicles,

   construction trailers and buses.

   2. Large trucks: Trucks, including semi-trailers and semi tractor trailers, of fifteen thousand (15,000) pounds gross vehicle weight.

   3. Recreational vehicles: Motor homes, camping trailers, utility trailers and boats.

   4. Construction trailers: Trailer being used for storage of construction equipment for home construction, remodeling or repair.

2. Parking and Stopping of Vehicles.

1. No motor vehicle shall stop, park or be left standing on the left side or wrong side of any Town of Shelby street or road, except on roads designated as one way streets or roads. No motor vehicle shall be double parked or parked to block a Shelby street or road.

2. No motor vehicle shall stop, park or be left standing on any Town of Shelby street or road for more than fourty-eight (48) consecutive hours.

1. A recreational vehicle, large truck, bus or construction trailer shall be parked directly in front of and on the same side of the street as its owner or person whose control the vehicle is under, and shall not be parked for more than forty-eight (48) consecutive hours, if parked on a public street. The moving of the recreational vehicle from one spot to another does not constitute a separate parking. The recreational vehicle shall not be parked on the street for more than forty-eight (48) consecutive hours in a ninety-six (96) consecutive hour period.

2. Waivers to section C(1), to allow for out of the area guests or for other special circumstances, may be obtained by applying to the Town for a permit to park a recreational vehicle for longer than forty-eight (48) hours. Such permit shall not be for a period longer than seven (7) days and such parking shall be in front of the property and on the same side of the street as property being visited. Permits for construction trailers may be granted for up to thirty (30) days. Permits under this section shall be obtained from the Town Administrator or their designee and a copy of the permit shall be provided to the Police Department.

3. Recreational vehicles, large trucks, buses and construction trailers parked in violation of this section may be handled as Abandoned Vehicles as set up in section D of this Ordinance and may be towed as outlined in Section D.

1. Any Town or County police office, sheriff deputy, county traffic patrolman or state traffic officer who discovers any vehicle on any public highway or private or public property, which has been abandoned, shall cause the vehicle to be moved to a suitable place of impoundment. Upon removal of the vehicle, the officer shall notify the sheriff or town police chief of the abandonment and location of the impounded vehicle.

2. The owner of any abandoned vehicle, except a stolen vehicle, is responsible for the abandonment and all costs of impounding and disposing of the vehicle. If said vehicle is not claimed by the owner within fourteen (14) days after impoundment, said Town may summarily sell or otherwise dispose of said vehicle. The costs of impoundment not recovered from the sale of the vehicle, may be recovered in a civil action by the Town of Shelby.

3. This Section III shall not apply to any motor vehicle immobilized by emergency mechanical failure or breakdown on the highway. In such cases, the vehicle shall be removed by the owner or operator as soon as is reasonably possible.
   5. Additional Parking Restrictions.

Section III. Enforcement and Penalties. Any person who violates or resists the enforcement of Section II.B. and Section II. C. of this Ordinance shall upon conviction, be fined Forty Dollars ($40.00) for each offense. Each day that a violation of this ordinance continues shall constitute a separate offense.

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

Section V. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section I. Title/Purpose. This ordinance is entitled "Discharging of Weapons Ordinance." The purpose of this Ordinance is as follows:

To promote the safety, health and general

welfare by regulating the use of weapons

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

1. Within 100 yards of a building devoted to human occupancy while on lands you do not own (including public lands) without the permission of the owner of that building.

2. Across or within 50 feet of the center line of any Federal, State, County or Town highway, road or street.

1. Across or within 50 feet of the center line of any Federal, State, County or Town highway, road or street.

1. It shall be lawful for any person to establish a private shooting or target range in the basement of their own premises or entirely within the limits of their own land, providing they first obtain, from the Town Board, a license or permit for such shooting or target range. It shall be the duty of the Town Board to ascertain whether such permits may be issued without danger to adjoining premises and the public generally.

2. In all cases of conviction hereunder, any and all dangerous weapons found on the person of the convicted shall be confiscated and become the property of the Town of Shelby and shall be destroyed or disposed of as provided by the Court.

Section III. Enforcement and Penalties. Any person who violates, disobeys or refuses to comply with or who resists the enforcement of any provisions of this Ordinance shall, upon conviction, be subject to a forfeiture of One Hundred Dollars ($100.00) for each such offense.

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

any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

1. No person or entity shall erect or cause to be erected or place or cause to be placed any fence, stand, building, structure or object in such a manner or in such a location so as to encroach upon, or obstruct, whether temporarily or permanently, any: (1) street, highway, alley, road, right-of-way or easement, maintained by or under the authority of the Town of Shelby; (2) utility easement in the Town of Shelby; or (3) Private Road Easement in the Town of Shelby.

1. The Town may issue permits for encroachments and obstructions, either temporary or permanent. Upon application being made for the encroachment or obstruction, the Town shall determine the conditions regarding the permit.

1. In the event of a violation of Section II.A, the occupant or owner shall forfeit and pay to the Town of Shelby the sum of One Hundred Fifty Dollars ($150.00).

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

Section V. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section I. Title/Purpose. This Ordinance is entitled "Construction or Opening of Driveway or Roadway Ordinance". The purpose of this Ordinance is as follows:

Section II. Adoption of Ordinance. The Town board of the Town of Shelby hereby adopts the following:

1. Driveway is to be located in front of the real property served by the driveway and is not to be placed in front of any part of adjoining real estate or on the right-of-way in front of any adjoining real estate;

2. Driveways shall be adjoined onto or intersect with a public highway, road, street or alley at an angle greater than forty-five (45) degrees and as close to ninety (90) degrees as possible. The angle of the intersection shall follow through the right-of-way of the public highway, road, street or alley;

3. The location of a driveway’s intersection with a public highway, road, street or alley shall be as determined by the Town of Shelby. Said placement shall be determine so as to allow for the ability to provide public services, including, but not limited to, snow removal and fire protection;

4. Driveways shall be designed and constructed so as to have a minimum of a twenty-five (25) foot landing area off the public highway, road, street or alley that they intersect. This landing area shall not have a slope greater than three percent (3%). Where applicable, the driveway shall slope downward to the property and not toward the road.

5. Driveway shall be constructed so as not to direct water or debris carried by water onto the public highway, road, street or alley with which the driveway intersects;

6. The intersection of the driveway of the public highway, road, street or alley shall be in a location that allows adequate sight distance for traffic (both motor vehicle and pedestrian) on the public highway, road, street or alley;

7. The surface of the driveway shall be a minimum of ten (10) feet in width; maximum width shall be twenty (20) feet.

8. The driveway shall be constructed of an all-weather surface such as gravel, asphalt or concrete;

9. The property owner shall provide for and maintain an open space above the driveway to a minimum height of twelve (12) feet;

10. The portion of any driveway located on private property shall not be placed on any part of a utility or drainage easement;

11. The slope of the driveway shall be as specified in the Town of Shelby, but generally shall not exceed ten percent (10%) in slope;

12. The Town of Shelby shall prescribe all drainage and erosion control measures to be utilized in conjunction with the construction, maintenance and use of the driveway, including, but not limited to, the use of culverts;

13. Each parcel of real estate may have a maximum of one driveway servicing the parcel, which intersects with a public highway, road, street or alley.

14. Such other requirements and conditions as the Town of Shelby shall determine necessary to promote the safety, health and general welfare of the Town of Shelby. The Town Fire Chief may be consulted to determine the adequacy of a driveway for emergency vehicle access.

Section III. Enforcement of Penalties. Any person who violates, disobeys or refuses to comply with, or who resists the enforcement of this Ordinance, shall be subject to a forfeiture of One Hundred Dollars ($100.00) for each such offense, each day of violation constituting a separate offense.

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

Section V. Effective Date. This Ordinance shall take effect upon passage and publication. The provision of this Ordinance shall prevail over any previous ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following

1. Definitions.
   1. "Animals" shall mean any living vertebrate, domestic or wild, except a human being.

   2. "Pets" shall mean any animal kept for pleasure rather than utility.

2. Licenses and Rabies Immunization. Every person who owns, keeps or harbors a dog or cat in the Town of Shelby above the age of three (3) months shall cause the dog or cat to be immunized against rabies and shall procure a license for said dog or cat in accordance with Wisconsin Statutes Section 174.05 and following. No dog or cat license shall be issued unless evidence is presented that the pet has a current rabies inoculation. The fee for such license shall be prescribed by La Crosse County, plus a Two Dollar ($2.00) service charge to be made to the Town of Shelby, or such fee as determined by the Town Board.

3. Dog Collars and Cat Collars. The owners of all dogs and cats over three (3) months of age are hereby required to place and keep on said dogs and cats a collar bearing the name and address of the owner of said dogs and cats plainly stamped on said collar, with its license tag attached thereto. No person, except the owner or his agent, shall remove a dog or cat collar to which a dog tag or cat tag is affixed.

4. Limit of Dogs. No individual owner, or family unit living together, shall keep more than two (2) dogs over the age of three (3) months within a residential district; excepting, however, animal hospitals in which dogs are confined within a completely enclosed building. Any person may apply to the Town for this issuance of a license for a third dog over the age of three months. The applicant shall submit the form and pay the fee as prescribed by the Town Board. The Town board shall hold a hearing upon the application, and shall consider the evidence presented in favor and against the issuance of the license. After consideration of the evidence presented, if the Board determines that the issuance of a license is not against the public interest and does interfere with the safety, health and general welfare of the community, the license may be issued to the applicant, in the Board’s discretion. The applicant must re-apply in accordance with the provisions of this Section for each subsequent renewal of the license for the third dog. The burden is upon the applicant to show that re-issuance of the license meets the requirements of this Section.

5. Care of Pets.
   1. All pets in the Town of Shelby shall be cared for, maintained and handled in a sanitary manner and so as to prevent undue and excessive barking, howling or other noises constituting a disturbance of the peace and quiet of the neighborhood.

   2. No person shall deposit or cause to be deposited in or on any public street, water or ground, or in any other place, any dead animal, garbage, filth, offal or substance that will tend to contaminate the area, or to create a strong odor or nuisance, or to endanger public health or safety. Owners of pets are to clean up after their pets.

6. Control of Pets.
   1. All pets in the Town of Shelby shall be confined to the premises of the owner at all times, provided, however, that any pet may lawfully be taken from the premises of the owner if under the control if its owner, any member of the owner’s family or any adult person by means of a leash, chain or rope.

   2. Section II.F.1, above, shall not apply to working farm dogs, or dogs while being lawfully used for hunting purposes.

    

7. Impoundment of Animals.
   1. Unrestrained animals, including dogs, cats and other pets, may be taken by any police officer and impounded at the La Crosse County Humane Society and there confined in a humane manner. Impounded animals shall be kept for not less than seven (7) days. The only exception shall be if the animal is claimed by the owner, or a veterinarian determines that the animal’s suffering cannot be prevented while waiting for an owner to be identified. If by a license tag, or other means, the owner can be identified, the La Crosse County Humane Society staff shall, within forty-eight (48) hours, Sundays and holidays excepted, notify the owner by telephone or mail of the impoundment of the animal.

   2. Animals not claimed by their owners within five (5) days shall be deemed as being surrendered to, and may be disposed of by, the La Crosse County Humane Society in a humane manner and the original owner shall have no further claim against such animal. Unclaimed animals shall be made available for adoption to suitable new homes. Those dogs and cats not placed in suitable new homes after a reasonable length of time, or those animals deemed as being unsuitable for adoption, shall be humanely euthanized by the La Crosse County Humane Society or by an agency delegated by the La Crosse County Humane Society to exercise that authority.

   3. The owner of any animal, which has been impounded as a result of being at large or stray, shall pay a reclaiming fee in order to regain possession of their animal. This fee shall be set by the La Crosse County Humane Society and shall cover all costs involved in the pickup and impounding of such animal. The owner is responsible for the cost specified in this paragraph even if not reclaimed. The costs assessed pursuant to this Section G.3 are in addition to any penalties pursuant to Section III.

   4. The La Crosse County Humane Society shall collect the Township redemption fees and fees for animal control.

   5. Animals being retained by the La Crosse County Humane Society shall have a proper La Crosse County license and a current rabies vaccination tag or the owner shall secure a proper license and rabies vaccination. The owner shall show proof that they have secured such license and rabies tag to the La Crosse County Humane Society within seven (7) days after the animal’s release. Failure to show to the La Crosse County Humane Society that the owner has obtained such a license and rabies tag within five (5) working days would be a violation of this section. If the owner cannot show proof of a current rabies vaccination, the owner shall show a receipt from a licensed veterinarian for prepayment of a rabies inoculation before the dog or cat may be released.

8. Animal Bites.
   1. The owner of any dog, cat or other animal which has bitten any person shall, upon demand of the Town Police Officer or La Crosse County Health Department, produce and surrender up such dog, cat or other animal to be held in quarantine for a minimum of ten (10) days. During quarantine, the animal shall be securely confined and dept from contact with any other animal. The animal shall be examined by a licensed veterinarian within twenty-four (24) hours of the bite incident. All dog, cat or other animal bites of humans shall be immediately reported to the La Crosse County Health Department.
      1. An animal which does not have a current anti-rabies vaccination, must be quarantined at a veterinary hospital of the owner’s choice for a period of ten (10) days. Charges for boarding of such animal during the quarantine period shall be assumed by the owner of such animal. If the owner is unwilling or unable to arrange a veterinary clinic quarantine, the animal will be ordered to impounding by the Town Police Officer and will be held at the designated County holding facility. No owner shall fail to produce and surrender any animal pursuant to his section.

      2. The animal which has a current anti-rabies vaccination may, at the discretion of the La Crosse County Health Department, be held in quarantine on the premises of the owner for a period of ten (10) days. Failure on the part of the owner to obey all condition and direction of the la Crosse County Health Department pertaining to the quarantine period, shall result in the immediate impoundment of the animal in a veterinary hospital for the remainder of the quarantine period. Charges for boarding such animal shall b paid by the owner prior to the anima’s release. The owner shall return proof of release from the quarantine within seven (7) days of the end of the quarantine.

   2. An animal, which unprovoked, attacks two (2) other animals or bites two (2) persons off the owners property, shall, by this action, be deemed as being of a vicious disposition, and the Township may pursue a court order for the destruction of the animal.

   3. The owner of any dog, cat or other animal which has contracted rabies, been subjected to same or is suspected of having rabies, shall immediately notify the Town Police Officer or La Crosse County Health Department. The owner shall produce or surrender such animal to the Town Police Officer, or be held in quarantine at a veterinary hospital for a period needed by the veterinarian to determine if it is rabid. The owner shall assume the charge for boarding such animal during the quarantine period.

   4. No person shall knowingly harbor or keep any animal infected with rabies or any animal knows to have been bitten by a rabid animal, or fail to report to the Town Police Officer or La Crosse County Health Department the existence of an animal which they know to be so infected.

   5. No person shall fail to produce and surrender any animal pursuant to the section. The Town Police Officer or the La Crosse County Health Department shall have the authority to impound such animal.

Date passed: March 22, 2010

Section I. Title/Purpose. This Ordinance is entitled "Curfew Ordinance." The purpose of this Ordinance is as follows:

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

1. Curfew.

   1. No children of the following specified ages shall loiter, idle or remain upon any street, alley or other public place in the Town during the set times of the designated dates:

   1. Children ages 15 through 17.

1. School year: 10:00 p.m. – 5:00 a.m.

                                                                                                   11:00 p.m. – 5:00 a.m.

1. Parental Violation. No parent, guardian or other person having legal custody of a child 17 or under shall permit such child to loiter, idle or remain upon any street, alley or other public place in the Town during the hours specified in Section II. (1) (a)-(c), unless such child is accompanied by such child’s parent, guardian or other adult person having legal custody of such child.

2. Responsibility of Operators of Places of Amusement. No person operating a place of amusement or entertainment within the Town, or any agent, servant or employee of such person, shall permit a child 17 years of age or younger to enter or loiter in such place of amusement or entertainment during the hours specified in Section II.A.(a)-(c), unless such child is accompanied by such child’s parent, guardian or other adult person having legal custody of such child.

3. Responsibility of Operators of Hotels, Motels and Rooming Houses. No person operating a hotel, motel or lodging or rooming house within the Town, or any agent, servant or employee of such person, shall permit any child 17 years of age or younger to visit, idle wander or stroll in any portion of such hotel, motel or lodging or rooming house during the hours specified in Section II A.(1)(a)-(c).

4. Loitering in School and Playground Areas. No person not in official attendance or on official school business shall enter into, congregate, loiter, wander, stroll, stand or play in any school building or in or about any playground area adjacent thereto within the Town between 8:00 a.m. and 4:00 p.m. on official school days.

5. Taking a Child Into Custody. A child believed to be violating the provisions of this Ordinance may be taken to the Sheriff’s Department for La Crosse County for proper identification. Any law enforcement officer while on duty may take into custody any child violating Sections A, C, D and E of this Ordinance until the parent, guardian or other adult person having legal custody has been immediately notified and the person so notified has, as soon as is reasonably possible thereafter, reported to the Sheriff’s office for the purpose of taking the child into custody and has signed a release for the child.

6. Warning. The first time a child is detained by police officers as provided in Section II.F., a parent, guardian or other adult person having legal custody shall be advised as to the provisions of this Ordinance; and any violation of this Ordinance occurring thereafter by this child or any other child under such person’s care or custody shall result in a penalty being imposed as therein provided.

1. Referred to an intake worker for a determination whether a petition should be filed in the court assigned to exercise jurisdiction under Chapters 48 and 938, Wis. Stats.

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

Section V. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any precious ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section I. Title/Purpose. This Ordinance is entitled "Barbed Wire Fences." The purpose of this ordinance is as follows:

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

Section III. Enforcement and Penalities.

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

Section V. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section I. Title/Purpose. This Ordinance is entitled "Licensing and Regulation of Community Antenna Television System". The purpose of this Ordinance is as follows:

Section III. Franchise Fee Gross Revenue.

Section IV. License Required. Any person desiring to own, maintain or operate a CATV shall secure a license from the Town prior to commencing construction and operation and shall be subject to all provisions of this Ordinance.

Section V. Grant of Authority. A Licensee shall have the non-exclusive right and privilege during the term of the license to construct, erect, operate and maintain a cable television system in, on, above and under the streets, alleys, public ways and places now laid out or dedicated, and any extensions thereof. All poles, wires, cables, underground conduits, manholes and television conductors and fixtures which are necessary for the maintenance and operation of said system are also included. The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth shall be granted to the Licensee during the term of the license.

Section VI. Compliance with Laws and Ordinances. All persons who are granted licenses hereunder shall at all times during the term of the license be subject to all lawful exercise of the police power of the Town and to such reasonable regulations as the Town by resolution or ordinance provides. In addition, such persons shall be subject to all State and Federal laws and regulations.

Section VII. Application for License. A license required under this Ordinance shall be applied for in the following manner:

Section VIII. Approval by Town Board. Upon the filing of an application in proper form with the Town Clerk, and upon receipt of the application fee, the Clerk shall refer the application to the Board for issuance or denial. At the next regular Board meeting, the Board shall hear any interested persons, or their attorneys, or any citizen of the Town in favor of or against the said application. The meeting may be adjourned from time to time, but shall be decided upon within sixty (60) days after referral of said matter to the Board, within which period the Board shall reject or grant the application and, if the application be granted, direct the Town Clerk to issue a license to the applicant.

Section IX. Term. The license shall come into effect upon issuance by the Town Clerk and shall remain in effect for a term of eight (8) years thereafter, unless terminated earlier as provided herein. Prior to or upon the expiration of the license the Licensee may apply for a new license by the procedure specified in Section VI.

Section X. Conditions and Restrictions on Operation. Any person granted permission to install cables and equipment for the transmission of television signals in the operation of a CATV System within the Town shall be subject to the following restrictions and conditions:

1. Violates any provision of this license or any rule, order or determination of the Town made pursuant to this Ordinance, except where such violation, other than subsection 2 below, is without fault or through excusable neglect and is not cured within thirty (30) days following written notice to the licensee;

2. Becomes insolvent, unable or unwilling to pay his debts and taxes or is adjudged a bankrupt;

3. Attempts to evade any of the provisions of this Ordinance or practices any fraud or deceit upon the Town or any citizen of the Town;

4. Fails to have in operation a CATV System with at least fifty (50) subscribers within one (1) year of the date of issuance of Certificate of Compliance of the Federal Communications Commission.

Section XI. Licensee to Promulgate Rules. The Licensee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the Licensee to exercise its rights and to perform its obligations under this Ordinance, and to assure an uninterrupted service to each and all customers. Such rules shall not be in conflict with this or any other ordinance or resolution of the Town, or in conflict with any Federal or State laws or regulations. Such company rules shall be filed with the Town Clerk, and such rules shall be open to public inspection.

Section XII. Area of Service. The Licensee shall provide service within the limits of the Town of Shelby, as they now exist or shall exist in the future, during the term of license, where economically feasible under ordinary business standards.

Section XIII. Abandonment of Service. Licensee may not abandon operations or license either formally or informally unless done with permission of the Board. If the Licensee desires to abandon one’s license and discontinue operations, licensee must notify the Board in writing of one’s intentions to do so. Upon receipt of said notification, the Board shall either at a regular meeting or special meeting hold a public hearing on said abandonment. The Board shall not unreasonably refuse to allow Licensee to abandon one’s license, and if abandonment is approved, the Board may prescribe reasonable rules for phasing out of operations.

Section XIV. Service Standards. The Licensee shall maintain its service with reasonable standards regarding uniformity of transmission, noise levels and channel signal voltages. The Licensee’s distribution systems shall conform to the requirements of the Federal Communication Commission, particularly with respect to freedom from spurious radiation. The antenna and receiving equipment shall be installed and maintained so as to give a reasonable noise-free picture on each channel. The installation and maintenance of equipment shall also be such that no unreasonable inter-modulation distortion will occur.

Licensee shall, as reasonably as possible, considering the current state of technology, provide clear and uninterrupted service. Licensee shall provide for a reasonable method of processing and resolving complaints of subscribers, and shall keep a record of each subscriber complaint lodged and the resolution, if any, of the problem. This record shall be open to inspection by the Board, or Town Clerk, at reasonable times during business hours. Complaints shall be handled by the Licensee in a courteous and efficient manner at all times.

Licensee shall maintain a local business office or agent in the vicinity of the Town of Shelby, which is accessible to residents of the Town of Shelby, for the investigation and resolution of all complaints regarding the quality of service, equipment, malfunctions and similar matters.

Section XV. Supervision and Inspection. The Town and its designate shall have the right to supervise all construction or installation work performed, subject to the provisions of this Ordinance, and to make such inspections as it shall find necessary to insure compliance with the Ordinances of the Town, applicable State and Federal laws, the National Electrical Code and regulations of the Federal Communications Commission.

Section XVI. Signing of Contract. Upon the granting of a license, the Licensee shall enter into a written agreement incorporating by reference the terms of this Ordinance.

Section XVII. Indemnification. The Licensee shall indemnify, protect and save harmless the Town from and against losses and physical damages to property, and bodily injury or death to persons, including payments made under any Workmen’s Compensation Law, which may arise out of or be caused by erection, maintenance, presence, use or removal of said attachments on poles within the Town, or by any act of Licensee, its agents or employees. The Licensee shall carry insurance to protect the parties hereto from and against all claims, demands, actions, judgments, costs, expenses and liabilities which may arise or result directly or indirectly from or by reason of such loss, injury or damage. The amounts of such insurance against liability due to physical damage to property shall not be less than Three Hundred Thousand Dollars ($300,000.00) as to any one accident and not less than Six Hundred Thousand Dollars ($600,000.00) aggregate in any single policy year; and against liability due to bodily injury or death of persons not less than One Hundred Thousand Dollars ($100,000.00) as to any one person and not less than Two Million Dollars ($2,000,000.00) as to any one accident. Licensee shall also carry all insurance necessary to protect it from all claims under any Workmen’s Compensation laws in effect. All insurance required by this agreement shall be and remain in full force and effect for the entire term of the license. Said policy, or policies, of insurance, or a certified copy or copies thereof, shall be made available to the Town upon demand.

Section XVIII. Transfer of Licenses. No Licensee shall sell, transfer or assign its plant, system or equipment to another, nor transfer any rights granted under this Ordinance to another without approval of the Town Board. Any proposed transferee, Licensee or assignee must make application for a license as provided for above. The Town shall be notified of any change of corporate ownership unless the stock is publicly held, and any such change of corporate ownership involving a transfer of fifty percent (50%) or more of the outstanding stock issued shall constitute a transfer of rights for purposes of this section.

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

Section XXI. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section I. Title/Purpose. This Ordinance is entitled "Boating Regulation". The purpose of this Ordinance is as follows:

Section III. State Boating and Safety Laws Adopted. State boating laws as found SS. 30.50 through 30.71, and 30.80 Wis. Stats. 2007-08 are adopted by reference.

Section IV. Definitions. In this Ordinance:

Section V. Penalties. The area described in Seciton II is a "no wake area". Wisconsin state boating penalties as found in Wis. Stat. 30.80, and deposits as established in the Uniform Deposit and Bail Schedule established by the Wisconsin Judicial Conference, are hereby adopted by reference and all references to fines amended to forfeitures and all references to imprisonment deleted.

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

Section VII. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section II. Authority. The Town Board of the Town of Shelby has the specific statutory authority, powers and duties, pursuant to the specific statutory sections noted in this Ordinance and/or by its adoption of Village Powers under Section 60.10, Wis. Stats., to regulate, control, prevent and enforce against in the Town of Shelby certain uses, activities, businesses and operations by persons that may affect Public safety and Public order in the Town of Shelby.

Section III. Adoption of Ordinance. The Town Board of the Town of Shelby has, by adoption of this Ordinance, confirmed the specific statutory authority, powers and duties noted in the 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 affect Public safety and Public order in the Town of Shelby.

Section IV. General Provisions. No person shall commit the following offenses in the Town of Shelby that are hereby adopted by reference in this Ordinance. The prosecution of such offenses under this Ordinance shall be as provided in the Wisconsin Statutes and Annotations 2007-2008 (49^th Edition) in the following Sections: Section 60.23, Town Board Miscellaneous powers, Section 60.05, Organization of Towns in special cases, and the below noticed Statutes from:

1. State Statute 118.163, Municipal truancy and school dropout ordinances.

1. State Statute Chapter 172, Animals Distrained or Doing Damage.

2. State Statute 287.81, Littering.

3. State Statute 943.01, Damage to property.

4. State Statute 943.11, Entry into locked vehicle.

5. State Statute 943.12, Possession of burglarious tools.

6. State Statute 943.125, Entry into locked coin box.

7. State Statute 943.13, Trespass to land.

8. State Statute 943.14, Criminal trespass to dwellings.

9. State Statute 943.15, Entry onto a construction site or into a locked building, dwelling or room.

10. State Statute 943.20, Theft.

11. State Statute 943.201, Un-authorized use of an individual’s personal identifying information or documents.

12. State Statute 943.203 Un-authorized use of an entity’s identifying information or documents.

13. State Statute 943.21, Fraud on hotel or restaurant keeper, recreational attraction, taxicab operator, or gas station.

14. State Statute 946.41 Resisting or obstructing officer.

15. State Statute 947.01 Disorderly Conduct.

16. State Statute 947.012 (2) Unlawful use of telephone.

17. State Statute 961.41 (3G) Possession.

Section V. Enforcement and Penalties. Any person who is convicted of Damage to Property under Section II of this ordinance shall be fined One Hundred Dollars ($100.00).

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

Section VII. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section I. Title/Purpose. This Ordinance is entitled "Town Records/Town Property Public Records and Public Property Ordinance." The purpose of this ordinance is as follows:

Section II. Authority. The Town Board of the Town of Shelby has the specific authority, powers and duties, pursuant to Sec. 19.21, 19.22, 19.23, 19.31, 19.34, 19.35, 19.36, 19.37, 19.84, 19.85, 60.22 and 60.83, (1988-1989) Wis. Stats., to manage and direct certain affairs related to Town of Shelby public records and Town of Shelby public property.

Section III. Adoption of Ordinance. The Town Board of the Town of Shelby has, by adoption of this ordinance, confirmed the specific statutory authority, powers and duties in Chapters 19, and 60, (1988-1989) Wis. Stats., and has established by these chapters and this ordinance the statutory powers and duties of the Town Board of the Town of Shelby related to Town of Shelby records and Town of Shelby property.

Section IV. Public Records and Public Property Responsibilities. All public records and public properties belonging to the Town of Shelby including records and public properties of officers, special offices, committees, commissions, agencies, authorities, boards or other special government units of the Town of Shelby, shall be safely dept, property maintained and carefully preserved by the legal custodian thereof when:

1. These officers, employees or agents receive custody of the public records and public property from their predecessor or other persons.

2. These public records and public properties are required by state law or by Town of Shelby Ordinance to be filed, deposited or kept in the offices of these officers, employees or agents.

3. These public records and public properties are in lawful possession of these officers, employees or agents or the possession or control of which these officers, employees or agents may be lawfully entitled by state law or by Town of Shelby Ordinance.

All public records and public properties to the Town of Shelby, including records and properties of offices, special offices, committees, commissions, agencies, authorities, boards or other special government units of the Town of Shelby, shall be delivered by the officer, employee or agent of these Town of Shelby government units to the successor officer, employee or agent of these Town of Shelby government units upon demand by the officer, employee or agent of these Town of Shelby government units, upon expiration of the officer’s term of office, upon the expiration of the employee’s term of employment or upon the expiration of the agent’s term of agency with the Town of Shelby, or upon the vacancy of the office. Upon death, the legal representative shall be responsible to deliver such public records or public properties upon demand to the successor of the deceased. The successor officer, successor employee or successor agent of these Town of Shelby government units shall acknowledge receipt of the public records and public properties and shall provide a receipt to the officer, employee, agent or legal representative. The officer, employee, agent or legal representative shall file a copy of such receipt with the Town Clerk of the Town of Shelby. If a vacancy occurs before a successor is qualified, employed or retained by the Town of Shelby, such public records and public properties shall be delivered to the Town Clerk of the Town of Shelby. The Town Clerk of the Town of Shelby shall receive these public records and public properties on behalf of the successor and these public records and public properties shall be delivered by the Town Clerk of the Town of Shelby to the successor upon the latter’s receipt of office, employment or retention with the Town of Shelby.

Section VI. Public Record Access.

The Town Board of the Town of Shelby has adopted Village Powers pursuant to Section 60.10(2)(c) and 60.22(3), Wis. Stats. In addition, the Town Board of the Town of Shelby has the specific authority, powers and duties, pursuant to Sections 60.10, 60.20, 60.22, and 60.23, Wis. Stats., and has, with authorization at a Town meeting, additional statutory authority, powers and duties to manage and direct certain affairs of the Town of Shelby. In addition, the Town Board of the Town of Shelby has additional general and specific statutory authority, powers and duties established beyond Chapter 60, Wis. Stats.

Deputy Town Clerk - secondary custodian

Fire Chief - custodian of Fire Department records

Assessor - custodian of Tax Assessor records

Senior Police Officer -custodian of Police records

1. Any record or a portion of a record containing information qualifying as a common law trade secret.

    

2. Any record not to be disclosed as a public record under the public policy provision of Sec. 19.85, (1988-1989) Wis. Stat., related to open meetings.

The Town Board of the Town of Shelby, any office, any special office, any committee, any commission, any agency, any authority, any board or any other special government units of the Town of Shelby and their officers, their employees and their agents of the aforesaid, prior to the destruction of any public records belonging to the Town of Shelby, noted below in Sec. (2), shall provide at least sixty (60) days notice, in writing, to the State Historical Society of Wisconsin. The Town Board of the Town of Shelby shall not be requested, pursuant to Sec. 19.21, (1988-1989) Wis. Stats., to provide notice to the State Historical Society of Wisconsin if the Town Board previously, by application, has received a waiver.

1. Tax Receipts for the Town of Shelby: 20 years after the receipt was issued by the Town of Shelby.

The Town Board of the Town of Shelby, any office, any special office, any committee, any commission, any agency, any authority, any board or any other special government units of the Town of Shelby and their officers, their employees and their agents of the aforesaid may destroy any taped records of any public meeting of the aforesaid no sooner than ninety (90) days after the public meeting minutes have been approved by the appropriate government unit if the purpose of the tape recording was to make and maintain minutes of the public meeting.

Section VI. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

PUBLIC NOTICE

The Town Board of the Town of Shelby has adopted Village Powers pursuant to Section 60.10, 60.20, 60.22, and 60.23, Wis. Stats., and has, with authorization at a Town meeting, additional statutory authority, powers and duties to manage and direct certain affairs of the Town of Shelby. In addition, the Town Board of the Town of Shelby has additional general and specific statutory authority, powers and duties established beyond Chapter 60, Wis. Stats.

Members of the public desiring to inspect or request copies of public records may submit such requests at Shelby Town Hall, 2800 Ward Ave., La Crosse, WI 54601 during regular business hours of 8 a.m. until 4 p.m., Monday through Friday, excepting legal holidays. It is recommended that requests be made in writing and with at least 48 hours notice in order to permit custodians of records to conduct manual and/or off premises searches, if necessary.

Requests should be directed to appropriate custodian of requested records, as follows:

Town Clerk – primary custodian

Deputy Clerk – secondary custodian

Fire Chief – custodian of Fire Department records

Assessor – custodian of Tax Assessor records

Senior Police Officer – custodian of Police records

Copies of public records may be requested and will be provided at a cost of $0.25 per page. Certified copies will be provided at a cost of an additional $0.25 per page. In addition, a charge may be assessed for record searchers.

4/29/97

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

1. Definition. In this Ordinance, "fireworks" means anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use, but does not include any of the following:

   1. Fuel or a lubricant;

   2. Firearm cartridge or shotgun shell;

   3. Flare used or possessed or sold for use as a signal in an emergency or in the operation of a railway, aircraft, watercraft, or motor vehicle;

   4. Match, cigarette lighter, stove, furnace, candle, lantern, or space heater;

   5. Cap containing not more than one-quarter (1/4) grain of explosive mixture, if the cap is used or possessed or sold for use in a device which prevents direct bodily contact with a cap when it is in place for explosion;

   6. Toy snake, which does not contain any mercury;

   7. Model rocket engine;

   8. Tobacco and a tobacco product;

   9. Sparkler on a wire or wood stick not exceeding thirty-six (36) inches in length that is designed to produce audible or visible effects;

   10. Device designated to spray out paper confetti or streamers and which contains less than one-quarter (¼) grain of explosive mixture;

   11. Fuse-less device that is designed to produce audible or visible effects or audible and visible effects, and that contains less than one-quarter (¼) grain of explosive mixture;

   12. Device that is designed primarily to burn pyrotechnic smoke-producing mixtures, at a controlled rate, and that produces audible or visible effects;

   13. Cylindrical fountain that consists of one or more tubes and that is classified by the federal department of transportation as a Division 1.4 explosive as defined in 49 CFR 173.50; and

   14. Cone fountain that is classified by the federal department of transportation as a Division 1.4 explosive, as defined in 49 CFR 173.50.

2. Coverage. No person shall sell, possess, or use fireworks in the Town of Shelby unless first obtaining a fireworks permit from the Town of Shelby, unless exempt under this Ordinance. The permit fee shall be one thousand dollars ($1,000.00). The permit may be issued for the date established for the permitted use. The permit may be issued by the Town of Shelby and a copy of the issued permit shall be given to the Town of Shelby Fire Chief and law enforcement officials pursuant to Section 167.10(3)(g) (1995-1996), Wisconsin Statutes, at least two (2) days before the date of authorized used in the Town of Shelby.

3. Application/Permit. The application shall be made to the Town of Shelby on a form promulgated by the Town of Shelby, and the Town of Shelby may issue or not issue the fireworks permit. The application shall include:

1. Name of the applicant;

2. Address of the applicant;

    

3. Residential and business telephone number of the applicant;

4. Age of the applicant;

5. Date requested for purchase of fireworks and the date

   requested for the fireworks use;

6. Time and location for the required use;

7. Kind and quantities of fireworks and where purchased;

8. Classification of the applicant as noted in Section 167.10(3)(c) (1995-1996), Wisconsin Statutes;

9. Proposed location for the storage of the fireworks in the Town of Shelby;

10. Description of the safety protections to be provided during the permitted use;

11. Description of the fire safety equipment to be installed and maintained during the permitted use;

12. Diagram of the ground demonstrating the fireworks ignition area, public restraining area and area where the public will be located;

13. Type and amount of security and sanitation personnel to be provided and maintained for security and sanitary protections;

14. Purpose of display, identifying group(s) involved;

15. Listing of any arrests and convictions for crimes listed in the Ordinance; and

16. Such other information, documentation and/or requirements deemed appropriate by the Town of Shelby.

The permit requirement does not apply to:

1. Public authority;

2. Fair association;

3. Amusement park;

4. Park board;

5. Civic organization;

6. Group of resident or nonresident individuals; and

7. Agricultural producer for the protection of crops from

1. Fails to install or maintain adequate fire safety equipment during the requested or permitted use when established by the Town of Shelby as a permit condition;
2. Fails to provide or maintain adequate indemnity bond as required by this Ordinance;
3. Fails to prevent open fires intentionally ignited a the permitted use locations;
4. Fails to provide or maintain adequate security personnel as determined by the Town of Shelby at the requested or permitted use location;
5. Fails to provide or maintain adequate physical structures, equipment and operational control as determined by the Town of Shelby to prevent trespassing and littering and to prevent private nuisances on private and public land adjacent to the requested or permitted use location;

1. Fails to provide or maintain adequate sanitation facilities as determined by the Town of Shelby for the location on the application;
2. Fails to provide for or to keep the requested or permitted use location free of trash, papers or other debris during and after the requested or permitted use; or

Section III. Enforcement and Penalties. Any person violating any provision of this Ordinance shall be subject to a forfeiture of One Hundred Dollars ($100.00) per offense. A parent, foster parent, treatment foster parent, family-operated group home or legal guardian of a minor who consents to the use of fireworks by the minor is liable for the damages caused by the minor’s use of the fireworks and for the forfeiture, if any, associated with the minor’s violation of the Ordinance.

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

Section V. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

1. License Required. No person shall hereafter keep, maintain, conduct, or operate any cabaret as defined in Section II.B. without first obtaining a license.

1. Licenses and Fees. Holders of cabaret licenses shall be permitted to conduct a cabaret as defined in subsection B, above. The license fee for a cabaret license shall be One Hundred Dollars ($100.00) for the year or any part of the year. Each license shall terminate of the 30^th day of June the next following its issuance.

2. Applications. Any person desiring a cabaret license shall pay to the Town of Shelby the license fee, together with their application in writing, giving the location of the premises to be licensed by legal description and the street and numbers of all entrances thereto, the name of the owner of such premises, the name of the lessee, if any, the name of the person proposing to operate such cabaret, the name of the manager to be in charge of such cabaret, a description of other businesses to be conducted upon the licensed premises and a statement of the nature of the entertainment to be furnished.

3. Investigation. Each application submitted in accordance with the preceding subsection shall be transmitted by the Town Clerk to the Police Department, Fire Department, and Building Inspector for investigation, and said officers shall report to the Chairperson of the Town Board the result of their investigations and their recommendations on such application; and thereafter said application shall be presented for action by the Town Board at the next or any subsequent meeting thereof.

4. Granting License. A license shall be granted to each applicant who shall be approved by a majority vote of the Town Board and shall be issued by the Town Clerk and contain with particularity a description of the premises licensed and the name and address of the licensee. The licenses shall be numbered consecutively beginning with the number one in each year, and such license shall be posted in clear view in the premises licensed at all times when they shall be in use.

5. Transfer of License. No cabaret license shall be transferable as to location, but may be transferred as to ownership by the Town of Shelby upon approval of the new owner’s application for such transfer and payment of the license fee.

6. Discretion. The Town Board shall have discretion to refuse the granting of any license or transfer thereof it, in its judgment, the granting or transfer of such license shall be against the public interests, either because of the unsuitability of the location, undesirability or unreliability of the applicant or applicant’s manager or because of the failure of such applicant or applicant’s manager to observe the provisions of the Town of Shelby Ordinances in the prior conduct of a cabaret, dance hall, tavern, or other similar place.

7. Waiver of Requirements. Where, in the judgment of the Town Board, it would be inappropriate to apply literally the provisions of the Ordinance because exceptional or undue hardship would result, the Town Board may waive or modify any requirement to the extent deemed just and proper.

8. Conditions. No cabaret shall be licensed, maintained or operated except in conformity with the following regulations:
   1. Efficient means shall be employed to prevent the ordinary sounds of music, dancing, singing, or entertainment within or outside the cabaret from being heard on surrounding premises or on the public street.

   2. All cabarets shall be electrically lighted at all times when any patrons shall be therein, and all times when the same is open to the public.

   3. Cabarets shall be closed to the public, and no patron shall be permitted therein between 2:00 a.m. and 6:00 a.m. Monday through Friday, and 2:30 a.m. and 6:00 a.m. on Saturday and Sunday.

   4. No person under the legal drinking age shall be permitted in any cabaret when such presence is contrary to any state or local regulations.

   5. No prostitute or procurer shall knowingly be permitted upon the premises of any cabaret.

   6. No intoxicated person shall be permitted to remain in any cabaret.

   7. Every cabaret shall comply with all applicable state and local laws and regulations.

   8. The sale, service, or consumption of commodities for which licenses are otherwise required shall not be permitted in any cabaret unless the proper license or licenses are obtained for said premises, in the name of the owner or manager of such cabaret.

   9. Entertainment or dancing shall conform with all other Federal, State or local ordinances.

9. Revocation, Suspension, Refusal to Issue or Renew.
   1. Any resident of the Town of Shelby may file a sworn, written complaint with the Town of Shelby alleging that a person holding a license issued under the Ordinance has violated the Ordinance or any other state or local regulation. Upon the filing of the complaint, the Town of Shelby may issue a summons at the discretion of the Town Board of the Town of Shelby signed by the Chairperson of the Town Board and directed to any police officer in the Town of Shelby. The summons shall command the licensee complained of to appear before the Town of Shelby on a day and place named in the summons, not less then three (3) days and not more than ten (10) days from the date of issuance, and show cause why licensee’s license should not be revoked or suspended. The summons and a copy of the complaint shall be served on the licensee at least three (3) days before the time at which the licensee is commanded to appear. Service shall be in the manner provided under Chapter 801, Wisconsin Statutes, for service in civil actions in circuit court.

   2. If the license does not appear as required by the summons, the allegations of the complaint shall be taken as true, and it the Town Board finds the allegations sufficient, the license shall be revoked or suspended. The Town of Shelby shall give notice of the revocation of suspension to the licensee whose license is revoked or suspended.

   3. If the licensee appears as required by the summons and denies the complaint, both the complainant and the licensee may produce witnesses, cross-examine witnesses and be represented by counsel. If, upon a hearing, the Town Board finds the complaint is true, the license shall either by suspended or revoked. The Town of Shelby shall give notice of the suspension or revocation to the licensee whose license is suspended or revoked. If the Town Board finds the complaint untrue, the proceedings shall be dismissed without cost to the accused. If the Town Board finds the complaint to be malicious and without provable cause, the costs shall be paid by the complainant.

Section III. Enforcement and Penalties. Any person violating any provision of this Ordinance shall be subject to a forfeiture of One Hundred Dollars ($100.00).

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

Section V. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section I. Title/Purpose. This Ordinance is entitled "Street Number Posting Ordinance." The Purpose of this Ordinance is as follows:

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

Section III. Enforcement and Penalties. Any person violating any provision of this Ordinance shall be subject to a forfeiture of One Hundred Fifty Dollars ($150.00), together with costs of prosecution, and in the event of a default of payment of such fines and costs, by imprisonment in the County jail or not more than ten days (10) days.

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

Section V. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

Section III. Enforcement and Penalties. Any person violating any provision of this Ordinance shall be subject to a forfeiture of One Hundred Fifty Dollars ($150.00), together with costs of prosecution, and in the event of a default of payment of such fines and costs, by imprisonment in the County jail or not more than ten days (10) days.

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

Section V. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section I. Title/Purpose. This Ordinance is entitled "Regulation of Outdoor Solid Fuel Furnaces". The purpose of this Ordinance is as follows:

To promote the safety, health and general

welfare by regulating outdoor solid fuel

furnaces.

Section II. Definitions. Outdoor solid fueled furnace: Any detached energy system, such as wood, corn or other solid fuel burners, boilers or furnaces, associated with the production of useable heat or energy, which is not located within another structure. Hereafter referred to as "Furnace".

Section III. Installation and Use of Outdoor Solid Fuel Furnaces.

1. No Furnace, designed to be a freestanding unit, shall be placed in an enclosure, shed, garage, house or other dwelling to circumvent the intent of this Ordinance.

2. No Furnace shall be located in any area of the yard located between any dwelling and a public street or highway.

3. No fuel shall be burned in any Furnace other than the fuel recommended by the manufacturer.

   Exception: Regardless of any manufacturer recommendation, the burning of trash, fuel oil, waste oil, plastics, gasoline, naphtha or other petroleum product, household garbage, material treated with petroleum products, particle board, railroad ties, telephone poles, pressure treated wood, leaves, paper products and cardboard, or green (non-dried) wood or any other material that may cause offensive or noxious odors, smoke, airborne ash or debris is prohibited.

4. Exceptions to this Ordinance that are in harmony with the general purposes and intent of this Ordinance may be granted by the Town Board for Furnaces that cannot be placed on a parcel of real estate in compliance with the provisions of this Ordinance. Permits shall be at the sole discretion of the Town Board and shall be reviewed as needed. When a special exception is granted, the Town Board may place additional conditions, restrictions and safeguards on said Furnace(s). These special exceptions may be withdrawn by the Town Board if the use or operation of the Furnace(s) adversely affects the health, safety, or welfare of any person or the use, value or enjoyment of any property.

1. If any Furnace is determined by the Shelby Police, Fire Chief or Building Inspector to adversely affect the health, safety or welfare of any person or the use, value, or enjoyment of any property, the owner and/or operator of the Furnace shall be ordered to remove or make modifications to the furnace to help alleviate the problem.

Section IV. Right of Entry and Inspection. The Building Inspector, Fire Chief, Town of Shelby Police Officer or any authorized officer, agent, employee or representative of the Town of Shelby may inspect any property for the purpose of ascertaining compliance with the provisions of this Ordinance.

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

Section VI. Enforcement and Penalties. Any person violating any provision of the Ordinance shall be subject to a forfeiture of One Hundred Fifty Dollars ($150.00).

Section VII. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section I. Title/Purpose. This ordinance is entitled "Regulation of Neighborhood Electric Vehicles". The purpose of this Ordinance is as follows:

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

Section III. Enforcement and Penalties. Any person who violates, this ordinance shall, upon conviction, be subject to a forfeiture of One Hundred Dollars ($100.00) for each such offense.

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

Section V. Effective Date. This Ordinance shall take effect upon

passage and publication. The provisions of this Ordinance shall prevail over any

previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section I. Title/Purpose. This Ordinance is entitled "Health and Sanitary Regulation Ordinance." The purpose of this Ordinance is as follows:

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

A. Nuisances.

2. Abatement of Nuisance.

B. Rubbish, Refuse or Waste Materials.

Section III. Enforcement and Penalties. Any person who violates, disobeys, or refuses to comply with, or who resists the enforcement of any provisions of this Ordinance shall, upon conviction, be subject to a forfeiture of One Hundred Dollars ($100.00) for each such offense, each day of such violation constituting a separate offense.

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

Section VI. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section I. Title/Purpose. This Ordinance is entitled "Mandatory Connections to Public Sewer Ordinance." The purpose of this ordinance is as follows:

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

1. Septic Tanks, Etc. Not To Be Connected to Public Sewer. No septic tank, cesspool, dry well, or other device or contrivance designed to receive, treat, or dispose of sewage shall be connected to or discharged into a public sewer in the Town of Shelby.

Section III. Enforcement and Penalties. Any person violating any provision of this Ordinance shall be subject to a forfeiture of One Hundred Dollars ($100.00).

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

Section VI. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section I. Title/Purpose. This Ordinance is entitled "Refuse and Recycling Ordinance". The purpose of this Ordinance is as follows:

Section II. Statutory Authority. This Ordinance is adopted as authorized under s. 159.09 (3}(b), Wisconsin Statutes.

Section III. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

1. Applicability. The requirements of this Ordinance apply to all activities related to solid waste and recycling within the Town of Shelby.

2. Administration. The provisions of this Ordinance shall be administered by the Shelby Town Board and its designated agents.

   C. Definitions. For the purpose of this Ordinance:

   1. "Aluminum container" means an aluminum container for food or beverages.

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

   3. "Large item drop-off" means a residential deposit of bulky items not included in the normal weekly refuse collection or scheduled recyclable collection.

1. Office paper

1. Waste tires
2. Numbers 1 and 2 plastic containers
3. Computer components
4. TV’s

1. Major appliances, Computers, computer components, and TV’s shall be disposed of through a retailer at the time a replacement appliance is purchased. If this is not possible, the Town will accept them at the Large Item Drop Off dates for a fee.

2. Waste oil shall be disposed of at a State approved used oil collection site. Further information is available by calling the La Crosse County Hotline.

3. Yard waste may be brought to the designated area at the Town Shop from April through November. Mulching and composting is encouraged and recommended.

4. Waste tires may be brought to the large item drop-off for a fee.

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

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

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

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

Section VI. Enforcement and Penalties.

1. Penalties for violating this Ordinance may be assessed as follows:

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

Section VIII. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

ORDINANCE 3.04    DISPOSITION OF SLUDGE

Section I. Title/Purpose. This Ordinance is entitled "Disposition of Sludge." The purpose of this Ordinance is as follows:

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby by adoption hereby adopts the following:

No sludge of any kind shall be deposited in the Town of Shelby.

Section III. Enforcement and Penalties. Any person who violates, disobeys or refuses to comply with or who resists the enforcement of any provisions of this Ordinance shall, upon conviction, be subject to a forfeiture of One Hundred Fifty Dollars ($150.00) for each such offense.

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

Section V. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any precious ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section I. Title/Purpose. This Ordinance is entitled "Storage of

Personality." The purpose of this Ordinance is as follows:

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

1. General Provisions.

1. No person on land owned, leased or controlled by

1. The prohibitions contained in this Ordinance shall

   not apply to junk yards properly licensed.

2. The prohibitions contained in this Ordinance shall

1. Abatement by Owner. The owner, tenants, lessees, or

Section III. Enforcement and Penalties. Any person failing to abate the nuisance within seven (7) days following receipt of notice of a violation of this Ordinance shall upon conviction be subject to a forfeiture of One Hundred Dollars ($100.00) for each offense. Each day that a nuisance remains unabated shall constitute a separate and distinct offense.

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

Date passed: March 22, 2010

Section I. Title/Purpose. This Ordinance is entitled "Cross-Connection Control Ordinance." The purpose of this Ordinance is as follows:

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

1. Cross-Connection Prohibited. That no person, firm or corporation shall establish or permit to be established or maintain or permit to be maintained any cross-connection. No interconnection shall be established whereby potable water from a private, auxiliary or emergency water supply other than the regular public water supply of the Township of Shelby may enter the supply or distribution system of said municipality, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by Sanitary District No. 2 of the Town of Shelby and by the Wisconsin Department of Natural Resources in accordance with Section NR 811, Wisconsin Administrative Code.

    

2. Inspection.

   1. That it shall be the duty of the Sanitary District No.2 of the Town of Shelby to cause inspections to be made of all properties served by the public water system where cross-connections with the public water system are deemed possible. The frequency of inspections and reinsertions based on potential health hazards involved shall be as established by Sanitary District No.2 of the Town of Shelby and as approved by the Wisconsin Department of Natural Resources.

   2. That upon presentation of credentials, the representative of Sanitary District No.2 of the Town of Shelby shall have the right to request entry at any responsible time to examine any property served by a connection to the public water system of the Township of Shelby for cross-connections. If entry is refused, such representative shall obtain a special inspection warrant under Section 66.122, Wisconsin Statutes. On request, the owner, lessee or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property.

3. Violations.

   1. That Sanitary District No.2 of the Town of Shelby is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this Ordinance exists, and to take; such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service shall be discontinued only after reasonable notice and opportunity for hearing under Chapter 68, Wisconsin Statutes, except as provided in Section 0.2. Water service to such property shall not be restored until the cross connection(s) has been eliminated in compliance with the provisions of this Ordinance.

   2. That if it is determined by Sanitary District No. 2 of the Town of Shelby that a cross-connection or an emergency endangers public health, safety or welfare and requires immediate action, and a written finding to that effect is filed with the Clerk of the Township of Shelby and delivered to the customer's premises, service may be immediately discontinued. The customer shall have an opportunity for hearing under Chapter 68, Wisconsin Statutes, within ten (10) days of such emergency discontinuance.

4. Plumbing Code Adopted.

Section III. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any precious ordinances of the Town of Shelby that are or may be in conflict there within.

Date passed: March 22, 2010

Section I. Title/Purpose. This Ordinance is entitled Well Abandonment Ordinance." The purpose of this Ordinance is as follows:

Section II. Applicability. This Ordinance applies to all wells located on premises served by the Town of Shelby, Sanitary District No.2 municipal water system.

1. "Non-complying" means a well or pump installation which does not comply with the provisions of Chapter NR 812, Wisconsin Administrative Code, in effect at the time the well was constructed, a contamination source was installed, the pump was installed or work was done on either the well or pump installation.

Section IV. Abandonment Required. All wells located on premises served by the municipal water system shall be abandoned in accordance with the terms of this Ordinance and Chapter NR 812, Wisconsin Administrative Code, no later than one (1) year from the date of connection to the municipal water system, whichever occurs last, unless a well operation permit has been obtained b)6 the well owner from the Town of Shelby.

Section V. Well Operation Permit. The Town of Shelby may grant a permit to a private well owner to operate a well for a period not to exceed five (5) years providing the conditions of this section are met. An owner may request renewal of a well operation permit by submitting information verifying that the conditions of this section are met. The Town of Shelby, or its agent, may conduct inspections or have water quality tests conducted at the applicant's expense to obtain or verify information necessary for consideration of a permit application or renewal. Permit applications and renewals shall be made on forms provided by the Clerk. The following conditions must be met for issuance or renewal of a well operation permit:

1. The well and pump installation meet or are upgraded to meet the requirements of Chapter NR 812, Wisconsin Administrative Code.

Section VI. Abandonment Procedures.

Section VII. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any precious ordinances of the Town of Shelby that are or may be in conflict there with.

Date passed: March 22, 2010

Section I. Title/Purpose. This Ordinance is entitled "Length of Lawn Grasses Ordinance." The purpose of this ordinance is as follows:

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

1. The Town Board of the Town of Shelby finds that lawns, grasses, and noxious weeds on lots or residential parcels which exceed either (8) inches in length adversely affect the public health and safety of the public in that they tend to emit pollen and other discomforting bits of plants, constitute a fire hazard, and a safety hazard in that debris can be hidden in the grass, interferes with the public convenience, and adversely affects property values of other land within the Town of Shelby.

2. Any lawn, grass, or weed on a lot or other residential parcel of land, which exceeds either (8) inches in length, is hereby declared to be a public nuisance. This 8" limit does not include prairie grass, wildflowers, ornamental grass, or other planting designed to have a length greater than 8". Also does not include rear yards located further than 100 feet from any public road.

Section III. Enforcement and Penalties. If the Town determines that a violation of this resolution exists, it shall be posted on the lot and send a written notice to the property owner informing said owner that if the nuisance is not abated within five (5) days, the Town will have the cost of said cutting will be billed to the property owner. In the event it is not paid within thirty (30) days, the Town Clerk shall enter the charges into the tax roll as a special assessment against the said parcel. If the owner believes that he/she has not created a nuisance, they may appeal the Town Board, which shall then hold a hearing. Any appeal must be in writing and filed with the Town Clerk within five (5) days of the date of notification from the Town.

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

Section V. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

1. There is a rebuttal presumption that the placement of fruit, grain, mineral, salt, plant, vegetable or other materials in an aggregate quantity of more than two (2) quarts at a height of less than five (5) feet off the ground is for the purpose of feeding deer.

2. There is a rebuttal presumption that the placement of fruit, grain, mineral, salt, plant, vegetable or other materials in a aggregate quantity of more than two (2) quarts in a drop feeder, automatic feeder or similar device regardless of the height of the fruit, grain, mineral, salt, plant, vegetable or other material is for the purpose of feeding deer.

3. Each property owner shall remove any materials placed on the owner’s property in violation of this ordinance. Failure to remove such materials within 24 hours of notice from the Town shall constitute a separate violation of this Ordinance.

4. Each property owner shall remove any device placed on the owner’s property to which deer are attracted or from which deer actually feed. Alternatively, a property owner may modify such a device or make other changes to the property that prevent deer from having access to or feeding from the device. Failure to remove the device or make necessary modifications within 24 hours of notice from the Town shall constitute a separate violation of this Ordinance.
   2. Exceptions.

1. Naturally growing materials. This Ordinance does not apply to naturally growing materials, including but not limited to fruit, grain, seeds and vegetables.

2. Planted materials. This Ordinance does not apply to planted materials growing in gardens or beds, as standing crops or in a wildlife food plot.

3. Stored crops. This Ordinance does not apply to stored crops provided that the stored crop is not intentionally made available to deer.

4. Incidental spills. This Ordinance does not apply to spill of seed materials intended for planting or to crop materials that have been harvested, if the spills are incidental to normal agricultural operations and such materials are not intentionally made available to deer.

5. Agricultural feed bunks. This Ordinance does not apply to feeders used by farmers for domestic livestock.

6. Authorized by Town Administrator. This Ordinance does not apply to feeding that is authorized by the Administrator on a temporary basis for a specific public purpose.

7. Baiting. This Ordinance does not apply to bait piles used to attract deer for the purpose of hunting or harvesting as allowed by the State of Wisconsin and regulated by Department of Natural Resources.

Section III. Penalty. Any person violating any provision of this Ordinance shall be fined Forty Dollars ($40), each day of violation constituting a separate offense. This paragraph does not preclude the Town from taking any appropriate action to abate, prevent or remedy a violation of any provision of the section.

Section IV. Effective date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section I. Name and Purpose of Ordinance. This Ordinance is entitled "No Smoking in Town of Shelby Municipal Buildings and Vehicles Ordinance". The purpose of this Ordinance is as follows:

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

Section III. Enforcement and Penalties. Any person violating this Ordinance shall, upon conviction, be subject to a forfeiture of Forty Dollars ($40.00), for each offense.

Section IV. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section I. Title/Purpose. This ordinance is entitled "Parks and Playgrounds Ordinance." The purpose of this Ordinance is as follows:

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

1. The Board of Supervisors of the Town of Shelby shall have the jurisdiction and authority of Park Commissioners in the enforcement of this Ordinance.

2. Rules and Regulations in Parks and Playgrounds.
   1. Speed Limit and Traffic. No person shall drive any vehicle in parks and playgrounds except upon established roadways, and then only at a rate of speed not to exceed fifteen (15) miles per hour. All roadways which run through parks and playgrounds shall be kept open and free so that traffic flow is not interrupted.

   2. Horses and Prohibited Vehicles. All riding, driving, and possession of horses, snowmobiles, go-karts, mini-bikes, dune buggys or other types of motorized vehicles not licensed for road travel is expressly prohibited.

   3. Pets. All pets shall be kept under the control of its owner by means of a leash, chain, or rope. The owner shall immediately clean up said pet’s defecation. The Town of Shelby may ban pets in certain parks if they deem necessary.

   4. Destruction of Property. No person shall in any manner deface or injure any building, tree, shrub, plant, sod, fence, or other property.

   5. Fires. No fire shall be lighted or made except in places specifically provided for such purpose.

   6. Weapons and Explosives. The use of air guns, slingshots, firearms, explosives, bow and arrow, fireworks, and weapons on any character is strictly prohibited.

   7. Littering. No person shall throw, deposit, or leave any paper, food, trash or similar article, excepting in the receptacles provided for waste and trash.

   8. Disorderly Conduct. No person shall use any loud, violent, obscene or profane language, nor shall anyone conduct him or herself in a disorderly or violent manner or commit any nuisance.

   9. Playground equipment. All playground equipment, benches, shelter houses, and fireplaces, shall be used properly, and any person, negligently or intentionally damaging the same shall be responsible for the costs or repair or replacement, Roller blading, roller skating, skateboarding, bicycling and all such similar activities are prohibited on the tennis courts.

   10. Closing Hours. The Town Board shall establish a closing hour for all parks and playgrounds, and after the posting of such closing hour, it shall be unlawful for any person to enter or be upon any park or playground after the hour designated.

   11. Amplified Sound. There shall be no amplified sound, music or noise of any kind in any park or playground. There shall be no excessive noise of any kind that disturbs adjoining land owners of the park or other persons using the park.

   12. Shelter Renting. Anyone renting a shelter in Mormon Coulee Park shall sign a shelter use agreement as specified by the Town Board.

   13. Sports Tournaments. There shall be no sports or baseball tournaments in any park or playground unless approved by the Shelby Town Board.

   14. Entering and Leaving. Only designated entrances shall be used to enter or leave any park or playground.

   15. Camping. There shall be no overnight camping in any Shelby Park.

Section III. Enforcement and Penalties. Any person who violates, disobeys or refuses to comply with or who resists the enforcement of any provisions of this Ordinance shall, upon conviction, be subject to a forfeiture of One Hundred Dollars ($100.00) for each such offense.

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

Section V. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section I. Title/Purpose. This Ordinance is entitled "Subdivision Control and Platting of Lands". The purpose of this Ordinance is as follows:

Section II. Abrogation and Greater Restrictions. It is not intended by this ordinance to repel, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law. However, whenever this ordinance imposes greater restrictions, the provisions of this ordinance shall govern.

Section III. Authority. This ordinance is adopted under the authority granted in Chapter 236, Wis. Stats. and /or by it’s adoption of village powers under Sec. 60.10, Wis. Stats.

Section IV. Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the Town of Shelby. And shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.

Section V. Validity. If any section, provision, or 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.

Section VI. Conflicting Ordinances. All other ordinances or parts of ordinances of the Town of Shelby inconsistent or conflicting with this ordinance, to the extent of inconsistency only, are hereby repealed.

Section VII. Administration. The Town Board of the Town of Shelby shall appoint a Town of Shelby Planning Commission to recommend any revisions to this ordinance and to recommend approval or disapproval of any plats, variations or exceptions to any plat.

Section VIII. Adoption of Ordinance. The Town Board of the Town of Shelby adopts the following:

1. The act of division creates three (3) or more parcels

   or building sites of thirty-five (35) acres each or less in area; or

2. Three (3) or more parcels or building sites of thirty-

1. The proposed subdivision or land division shall be compatible with adjacent land uses and shall maintain the general land use pattern of the area consistent with the Shelby Land Use Plan, as adopted by the Town Board.

1. Where any section, provision, or portion of the Shelby Land Use Plan is inconsistent with the Land Use Plan of another governing body with authority to approve or reject a proposed plat, the requirements of the Shelby Land Use Plan shall control.

1. The names of all adjoining plats;

1. All lots with dimensions, and size indicated

1. The location of all proposed building sites along with

   proposed drainage structures and proposed driveway locations;

2. The percentage of slope shall be shown and delineated. Slopes of 10% to 20%, 20% to 30%, and greater than 30% shall be indicated.

3. Ground elevations and contours:

1. For lands that slope less than approximately two percent (2%) show spot elevation at all breaks in grade, along all drainage channels of swales, and at selected points not more that one hundred (100) feet apart in all directions;

2. For lands that slope more than approximately two percent (2%) show contours with an interval of not more than five (5) feet where ground slope is regular and such information is sufficient for planning purposes, or show contours with an interval of not more than two (2) feet where necessary because of irregular land or need for more detailed data;

3. For lands that slope more than twenty percent (20%) show contours with an interval of not more than five (5) feet where ground slope is regular and such information is sufficient for planning purposes, or show contours with an interval of not more than two (2) feet where necessary because of irregular land or need for more detailed data. For lands being disturbed, soil analysis by a certified soil engineer shall be conducted to determine the measures to be taken to allow these areas to be developed and disturbed. These recommendations are to be followed.

1. The date, scale and North point.

2. The location of all community wells, community sewage treatment facilities, drainage structures and other utilities;

3. A grading plan shall be submitted prior to any construction on the site. Grading plan shall indicate all cuts, fills, and drainage structure.

4. There shall be a plan review fee of five hundred dollars ($500.00) to review the plan and accompanying documentation.

1. Final Plat.
   1. All requirements of Chapter 236, Wis. Stats. shall be

1. Grades, Slopes and Drainage
   1. Consideration must be given to topography, with a view to securing safe and easy grades and avoid unsightly cuts and fills. Where grades are steep, it is desirable to cut diagonally across the contour lines.

   2. The owner shall furnish profiles of all streets and alleys in the subdivision, horizontal scale forty (40) feet to the inch and vertical scale four (4) feet to the inch. Street grades shall not exceed ten percent (10%) and shall not be less than thirty-two (0.32%) hundredths percent. Grades must be laid to allow sanitary sewers and storm sewers to connect and gravity flow wherever possible.

   3. Slopes of greater than thirty (30%) percent shall not be disturbed by the developer, homeowner, or builder during construction.

   4. No street, alley, bridge or public thoroughfares shall be permitted in or upon any waterway, ditch, or any natural drainage course, whether dry or flowing, unless approved by appropriate agencies.

   5. Adequate easements, in the judgment of the Town Board, shall be established and provided for drainage of all surface or underground waters.

   6. Where cutting and filling is necessary, the following requirements shall prevail: All cut sections shall be sloped a minimum of 2 to 1, and all fill sections a minimum of 3 to 1. All cut sections shall be provided with suitable topsoil where necessary and shall be seeded with appropriate grass or vegetation to insure proper growth, which will prevent erosion.

   7. No excavating, earth moving, or road construction shall be commenced before the preliminary plat has been approved by the Town Board. Failure to comply with this section shall constitute a total violation of this Ordinance.

   8. All fill areas shall be stabilized, compacted, covered with suitable topsoil and seeded with appropriate grass as outlines in "Best Practices for Erosion Control".

2. Streets.
   1. Provisions shall be made in the plat for the suitable continuation of the present existing roads and streets in adjoining plats or in adjoining un-platted lands. If straight continuations are not practicable, the continuations should be accomplished by use of suitable curves in order to avoid street jogs or off-center intersections. Adequate street connections or extensions shall be provided to insure free access to adjoining subdivisions and lands, which may be subdivided later.

   2. All major streets shall be platted to a width of not less than sixty-six (66) feet, except that the Town Board may approve streets of less than sixty-six (66) feet wide, but in any event not less than sixty (60) feet.

   3. At the ends of all dead end streets there shall be provided a turnaround not less than ninety (90) feet nor more than one hundred (100) feet in diameter, and the roadway shall not be less than seventy (70) feet nor more than eighty (80) feet in diameter. Center islands shall be prohibited therein. Where necessary to give access or to permit a satisfactory subdivision of adjoining land, streets shall run through to the boundary of the property and the resulting dead end streets may be approved without a permanently platted turnarounds.

   4. Streets shall be platted a sufficient distance apart to allow two tiers of lots, but not more than two. Where land is being subdivided into parcels larger than will eventually be required for normal building purposes, such parcels shall be divided so as to allow for the proper extension of streets at the time of re-subdivision.

   5. The intersection of a street parallel to the railroad right-of-way with a street which crossed the railroad shall be at a distance of at least one hundred fifty (150) feet from the railroad right-of-way, and where a future grade separation may be involved, at a sufficient distance to insure safe traffic control. Streets crossing railroads where future grade separations are anticipated may be required to have extra width at the approaches to the railroad right-of-way to accommodate the change of grade.

   6. Construction detail of all streets shall at a minimum, follow the design standards for town roads as established by Wisconsin Statutes. Specific details to be established upon the recommendation of an engineer qualified in street construction. Based upon the design required for a particular project, topography, soil type, and any other circumstance.

   7. Roads shall have at minimum twelve (12) inches of compacted rock as a base and three (3) inches of compacted asphalt. The asphalt is to be installed with 1.5" lifts.

1. Alleys not less than twenty (20) feet in width shall be provided in the rear of all lots intended for business use. Alleys intended for business use shall be asphalt or concrete. Residential lots with alleys must conform with this section.

2. Where alleys are not provided, utility easements of not less than five (5) feet in width shall be provided on each side of all rear lot lines and along sidelines of lots where necessary. Easements shall be continuous and in alignment from block to block where practical.

1. The minimum area of each lot shall be not less than 8,400 square feet, nor shall any lot be less than seventy (70) feet in width at building setback line and at least sixty (60) feet in width at the right a way. Special provisions may allow twenty-five (25) feet in width at the right of way to allow for access to larger parcels set back from right of way.

2. All reversed corner lots, which front on a different street than the other lots on the same side of the block, shall have extra width sufficient to permit the maintenance of the building line of the lots in the rear along the street side of such reversed corner lots.

3. Reversed corner lots in residential districts shall be avoided where practicable.

4. Lots fronting on two approximately parallel streets shall be avoided where practicable.

5. Every lot shall front upon a public street.

6. Side lot lines shall be at right angles to straight streets and radial to curved streets.
   5. Parks, Playgrounds, Green Space, or Land for other Public Purpose.

1. General Provisions.
   1. The Town Board shall not allow the platting of lands deemed unsuitable for platting because of topography or otherwise, and will require the re-platting of lands deemed unsatisfactorily subdivided.

   2. The Town Board may approve variation from these regulations in specific cases, which do not affect the general plan or the spirit of this Ordinance. Any such variation shall be recorded in writing with the Town Clerk with the reasons therefore.

   3. Surveyors or engineers laying out a subdivision as defined in this Ordinance without preparing a recordable plat shall be subject to the penalties provided below.

   4. Once a plat has been approved, there shall be no splitting or parceling of platted land for the purpose of establishing one or more additional building sites within the plat. The purpose of this paragraph is to prohibit additional building sites beyond the number approved in the original plat. This requirement shall pertain to all existing and future plats located in the Town.

   5. The Town Board shall review tree lines and trees and shall make recommendations as to cutting and retaining trees and plantings.

   6. The Town Board shall review locations of building sites. The "Future Land Use Policies", Section 8, of the Comprehensive Plan including restrictions and the conservation development sections shall be reviewed for compliance. Failure to follow these guidelines may be grounds for disapproval. Board shall review building sites for "Sky lining". Sky lining is defined as building a house on a ridge top, disturbing the pre-existing outline of the ridge top.

   7. The Town Board shall require the sub-divider to make and install any additional public improvements reasonably necessary, and execute a surety bond to insure that the sub-divider shall make the improvements within a reasonable time, as a prerequisite to approval of the plat.

   8. Prior to the start of any construction on a proposed plat, the preliminary plat as well as a developer’s agreement, shall be approved by the town board. This agreement shall outline the responsibilities of the developer, the development time frame, and any other provisions outlined by the board.

   9. Prior to the approval of the final plat, a surety bond shall be in place in the amount of one hundred and twenty five (125%) percent of the cost to complete the project. This bond shall be a part of the developers’ agreement.

   10. The plat shall follow the concepts and guidelines established by the Town’s Comprehensive Plan. Both the town board and planning commission shall review the plat for these concepts.

J. Certified Survey Map Requirements.

1. All rejected maps are to be returned to the sub-divider along with an explanation outlining the reasons for the denial.

2. A fee of $100.00 shall be submitted to the Town Clerk along with the map to be approved. The fee is for review of the map and is nonrefundable.

3. A fee of $700.00 per building lot is to be paid to the Town for capital improvements of public sites. This fee is to be paid upon approval of the CSM. Part of or the entire fee may be waived, at the discretion of the Town, in return for dedication of land for public purpose or when a new building site is not created.

4. All requirements outlined in the subdivision portion of this ordinance shall apply to the requirements of the CSM, when applicable.

Section IX. Enforcement and Penalties. Any person violating any provision of this Ordinance, including those provisions of the Wisconsin Statutes, and other materials which are incorporated by reference, shall, upon conviction thereof, forfeit not less than fifteen hundred dollars ($1500.00) nor more than two thousand five hundred dollars ($2500.00) and the cost of prosecution, and in default of payment of such forfeiture and the costs of prosecution, shall be imprisoned in the County Jail until payment of such forfeiture and costs, but not exceeding thirty (30) days for each violation, each day of such violation to constitute a separate offense. In addition to such penalty, the Town Board, by its attorney, is authorized to bring an action to enjoin any violation, and the Town Building Inspector is authorized to refuse to issue a building permit for construction on any premises laid out or subdivided contrary to this Ordinance. The Town Board may further order an Assessor’s Plat to be made pursuant to the Wisconsin Statutes at the expense of the sub-divider or his agent when a subdivision is created in violation of this Ordinance, and the Town Board may refuse to participate directly or indirectly in any road, street or alley development in such area until the violation is corrected or cured.

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

Section XI. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section I. Title/Purpose. This Ordinance is entitled "Planning Commission Ordinance". The purpose of this Ordinance is as follows:

Section II. Adoption of Ordinance. The Town Board of the Town of Shelby hereby creates a Planning Commission for the Town of Shelby, which shall consist of up to seven (7) members as follows:

1. Subject to Town Board approval, the Planning Commission may employ experts, engineers, consultants or staff, and pay for the services and other expenses as may be necessary and proper, not to exceed regulations and appropriations of the Town Board;

2. Make reports and recommendations relating to the provisions and requirements of the Ordinance, the Subdivision Control and Platting of Lands Ordinance, Land Use Plan, and development of the Town, to public officials, agencies and other organizations and citizens;

3. Recommend public improvement plans and financing to the Town Board;

4. Request available information of any public official, applicant, property owner, resident, etc. that may be deemed appropriate and necessary to review the plans and proposals and to carry out the Planning Commission’s duties and responsibilities;

1. Appear and recommend adoption of comprehensive plans, or elements or components thereof, for the physical development of the Town, and to extend or add to the comprehensive plan in accordance with Wis. Stats;

2. Make and recommend to the Town Board adoption of an official map in accordance with Section 62.23, Wis. Stats;

3. Prepare and recommend to the Town Board adoption of zoning regulations and amendments thereto;

4. Prepare and recommend to the Town Board adoption of subdivision and land division regulations in accordance with Section 236.45, Wis. Stats;

5. Make recommendations to the Town Board regarding any changes to the Land Use Plan, zoning regulations, Subdivision Control and Platting of Lands Ordinance and other related ordinances;

1. Proposed or requested changes and amendments to the Town’s comprehensive plan or components thereof, official maps, zoning regulations, subdivision regulations and land division ordinances;

2. Subdivision plats, certified survey maps and condominium plats within the Town or over which the Town has jurisdiction;

3. Annexations, incorporations, detachments or consolidations affecting the Town;

4. Location, acceptance, extension, alterations, vacation, change of use, sale, acquisition or lease of land for any street, alley, public way, playground, parking area or public grounds;

5. Location, extension, abandonment or authorization of a public utility; and

6. Other matters requiring to be referred to the Planning Commission as provided by Section 62.23, Wis. Stats. and all other matters requiring to be referred to the Planning Commission by another statute, regulation or ordinance.

Section III. Severability. The provisions of this Ordinance shall be deemed severable, and it is expressly declared that the Town Board would have passed provisions of the Ordinance irrespective of whether one or more provisions may be declared invalid. If any provision of the Ordinance or the application thereof 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 thereby.

Section IV. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section I. Title/Purpose. This Ordinance is entitled "Condominium Control". The purpose of this Ordinance is as follows:

Section II. Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law. However, whenever this ordinance imposes greater restrictions, the provisions of this ordinance shall govern.

Section III. Authority. This ordinance is adopted under the authority granted in Chapter 236, Wis. Stats. and/or by its adoption of village powers under Sec. 60.10, Wis. Stats.

Section IV. Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the Town of Shelby, and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.

Section V. Validity. If any section, provision, or 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.

Section VI. Conflicting Ordinances. All other ordinances or parts of ordinances of the Town of Shelby inconsistent or conflicting with this ordinance, to the extent of inconsistency only, are hereby repealed.

Section VII. Administration. The Town Board of the Town of Shelby shall appoint a Town of Shelby Planning Commission to recommend any revisions to this ordinance and to recommend approval or disapproval of any plats, variations or exceptions to any plat.

Section VIII. Adoption of Ordinance. The Town Board of the Town of Shelby hereby adopts the following:

1. Preliminary Plat. The owner of any lands seeking to obtain approval for a condominium plat shall submit three (3) copies of the preliminary plat to the Town Clerk. The preliminary plat shall be submitted at least ten (10) working days prior to the next scheduled Planning Commission meeting. The Planning Commission shall make a recommendation approving or rejecting the plat and shall forward its opinion to the Town Board. The preliminary plat shall be legibly drawn at 100 feet per square inch or larger scale. The following information shall be shown on the preliminary plat or submitted at the time to the clerk. The application, at minimum, shall contain the following:
   1. The title under which the proposed plat is to be recorded,

      which title shall not duplicate or be deceptively similar to the name of any plat previously recorded in La Crosse County;

   2. The names and addresses of the owner, sub divider

      and engineer or surveyor;

   3. The exact location by distance and bearings of the

      exterior boundaries of the land to be platted with reference to a corner or corners established in the U.S. Public Land Survey;

   4. All municipal boundary lines within or adjacent to the

      proposed subdivision;

   5. The name of all adjoining plats;

1. The location, arrangement and width of proposed streets,

1. The location and area of property proposed to be

   dedicated for public use and for other purposes, and to which governmental unit the property will be dedicated;

2. The location of all pertinent buildings and structures and

   the size and location of all existing sewer and water mains, within the proposed plat or within two hundred (200) feet thereof;

3. The location of all proposed building sites along with proposed drainage structures and proposed driveway locations.

4. The percentage of slope shall be shown and delineated. Slopes of 10% to 20%, 20% to 30%, and greater than 30% shall be indicated.

5. Ground elevations and contours:
   1. For lands that slope less than approximately two

      percent (2%) show spot elevations at all breaks

      in grade, along all drainage channels or swales

      and at selected points not more than one hundred

      (100) feet apart in all directions;

   2. For lands that slope more than approximately two

   percent (2%) show contours with an interval of not

   more than five (5) feet where ground slope is regular

   and such information is sufficient for planning purposes, or show contours with an interval of not more than two (2) feet where necessary because of irregular land or need for more detailed data;

6. Approximate boundaries of areas subject to flood or

   storm water overflow, areas covered by water, approximate boundaries of wooded areas;

7. Approximate grades of streets and alleys where the

   proposed grade will exceed four percent (4%);

8. Condominium documents, association documents, and by-laws, restrictive covenants and any building restrictions including financial information relating to the condominium association.

9. The date, scale and North point.

10. Location of all tree lines and trees greater than six (6) inches in diameter, outside of an identifiable tree line. Plan shall indicate the affect on tree lines and on individual trees that the development causes;

11. The location of all community wells, community sewage treatment facilities, drainage structures and other utilities;

12. A grading plan shall be submitted prior to any construction on the site. Grading plan shall indicate all cuts, fills, and drainage structure.

13. There shall be a plan review fee of $500 to review the plan and accompanying documentation.

1. Incomplete application and/or map;

2. Non-compliance with this ordinance;

3. Non-compliance with applicable state ordinances, codes, and/or administrative rules;

4. Non-compliance with local zoning regulations, building codes, sanitary codes, erosion control regulations, and other applicable regulations.

1. Non-compliance with the Town of Shelby Land Use Plan;

2. Proposed development deemed to be located on unsuitable land or to be hazardous, harmful, offensive or otherwise adverse to environmental quality, water quality, shoreland cover or property values of the Town of Shelby;

3. The proposed development is deemed to adversely affect the public health, safety, and general welfare of the Town of Shelby.

1. Grades, Slopes and Drainage
   1. Consideration shall be given to topography, with a view to securing safe and easy grades and avoiding unsightly cuts and fills. Where grades are steep, it is desirable to cut diagonally across the contour lines.

   2. The owner shall furnish profiles of all streets and alleys in the subdivision, horizontal scale forty (40) feet to the inch and vertical scale four (4) feet to the inch. Street grades shall not exceed ten percent (10%) and shall not be less than thirty-two (0.32%) hundredths percent. Grades are to be laid that allow sanitary sewers and storm sewers to connect and gravity flow wherever possible.

   3. Slopes of greater than thirty (30%) percent shall not be disturbed by either the developer or the home builder during construction.

   4. No street, alley, bridge or public thoroughfares shall be permitted in or upon any waterway, ditch, or any natural drainage course, whether dry or flowing, unless approved by appropriate agencies.

   5. Adequate easements, in the judgment of the Town Board, shall be established and provided for drainage of all surface or underground waters.

   6. Where cutting and filling is necessary, the following requirements shall prevail: All cut sections shall be sloped a minimum of 2 to 1, and all fill sections a minimum of 3 to 1. All cut sections shall be provided with suitable topsoil where necessary and shall be seeded with appropriate grass or vegetation to insure proper growth, which will prevent erosion.

   7. No excavating, earth moving, or road construction, shall be commenced before the preliminary plat has been approved by the Town Board. Failure to comply with this section shall constitute a total violation of this Ordinance.

   8. All fill areas shall be stabilized, compacted, covered with suitable topsoil and seeded with appropriate grass as outlines in "Best Practices for Erosion Control".

2. Streets.
   1. Provisions shall be made in the plat for the suitable continuation of the present existing roads and streets in adjoining plats or in adjoining un-platted lands. If straight continuations are not practicable, the continuations should be accomplished by use of suitable curves in order to avoid street jogs or off-center intersections. Adequate street connections or extensions shall be provided to insure free access to adjoining subdivisions and lands, which may be subdivided later.

   2. All major streets shall be platted to a width of not less than sixty-six (66) feet, except that the Town Board may approve streets of less than sixty-six (66) feet wide, but in any event not less than sixty (60) feet.

   3. At the ends of all dead end streets there shall be provided a turnaround not less than ninety (90) feet nor more than one hundred (100) feet in diameter, and the roadway shall not be less than seventy (70) feet nor more than eighty (80) feet in diameter. Center islands shall be prohibited therein. Where necessary to give access or to permit a satisfactory subdivision of adjoining land, streets shall run through to the boundary of the property and the resulting dead end streets may be approved without a permanently platted turnarounds.

   4. Streets shall be platted a sufficient distance apart to allow two tiers of lots, but not more than two. Where land is being subdivided into parcels larger than will eventually be required for normal building purposes, such parcels shall be divided so as to allow for the proper extension of streets at the time of re-subdivision.

   5. The intersection of a street parallel to the railroad right-of-way with a street which crossed the railroad shall be at a distance of at least one hundred fifty (150) feet from the railroad right-of-way, and where a future grade separation may be involved, at a sufficient distance to insure safe traffic control. Streets crossing railroads where future grade separations are anticipated may be required to have extra width at the approaches to the railroad right-of-way to accommodate the change of grade.

   6. Construction detail of all streets shall at a minimum, follow the design standards for town roads as established by Wisconsin Statutes. Specific details to be established upon the recommendation of an engineer qualified in street construction. Based upon the design required for a particular project, topography, soil type, and any other circumstance.

   7. Roads shall have at minimum twelve (12) inches of compacted rock as a base and three (3) inches of compacted asphalt. The asphalt is to be installed with 1.5" lifts.

   8. Condominium Roadways. All roadways created and maintained as a result of the condominium plat must be accessible and open for public use. All private roadways must meet Town of Shelby specifications for roadways. Private roadways may be created and maintained as a result of the condominium plat only upon express approval of the Town Board of the Town of Shelby.

1. Alleys not less than twenty (20) feet in width shall be provided in the rear of all lots intended for business use. Alleys intended for business use shall be asphalt or concrete. Residential lots with alleys must conform with this section.

2. Where alleys are not provided, utility easements of not less than five (5) feet in width shall be provided on each side of all rear lot lines and along side lines of lots where necessary. Easements shall be continuous and in alignment from block to block where practical.

1. The Town Board shall not allow the platting of lands deemed unsuitable for platting because of topography or otherwise, and will require the re-platting of lands deemed unsatisfactorily subdivided.

2. The Town Board may approve variation from these regulations in specific cases which do not affect the general plan or the spirit of this Ordinance. Any such variation shall be recorded in writing with the Town Clerk with the reasons therefore.

3. Surveyors or engineers laying out a subdivision as defined in this Ordinance without preparing a recordable plat shall be subject to the penalties provided below.

4. Once a plat has been approved, there shall be no splitting or parceling of platted land for the purpose of establishing one or more additional building sites within the plat. The purpose of this paragraph is to prohibit additional building sites beyond the number approved in the original plat. This requirement shall pertain to all existing and future plats located in the Town.

5. The Town Board shall review tree lines and trees and shall make recommendations as to cutting, tree removal, tree thinning, retaining trees, and plantings.

6. The Town Board shall review locations of building sites. The "Future Land Use Policies", Section 8, of the Comprehensive Plan including restrictions and the conservation development sections shall be reviewed for compliance. Failure to follow these guidelines may be grounds for disapproval. Board shall review building sites for "Sky lining". Sky lining is defined as building a house on a ridge top, disturbing the pre-existing outline of the ridge top.

7. The Town Board shall require the sub-divider to make and install any additional public improvements reasonably necessary, and execute a surety bond to insure that the sub-divider shall make the improvements within a reasonable time, as a prerequisite to approval of the plat.

8. Prior to the start of any construction on a proposed plat, the preliminary plat as well as a developers agreement shall be approved by the town board. This agreement shall outline the responsibilities of the developer, the development time frame, and any other provisions outlined by the board.

9. Prior to the approval of the final plat, a surety bond shall be in place in the amount of one hundred and twenty five (125%) percent of the cost to complete the project. This bond shall be a part of the developers’ agreement.

10. The plat shall follow the concepts and guidelines established by the Town’s Comprehensive Plan. Both the Town Board and planning commission shall review the plat for these concepts.

1. Calculation. The required number of visitor parking

1. Maximum Density. The average density of land use shall be no greater than one (1) condominium unit per every 8,400 square feet of land.

1. Current and anticipated traffic patterns on all roadways, public or private, which services the proposed condominium plat.

1. Dedication of lands to the Town of Shelby which are necessary to make improvements such as roads deemed necessary to serve the condominium.

Section IX. Enforcements and Penalties. Any person violating any provision of this ordinance, including those provisions of the Wisconsin Statutes, and other materials which are incorporated by reference, shall, upon conviction thereof, forfeit not less than one thousand dollars ($1000.00) nor more than five thousand dollars ($5000.00) and the cost of prosecution and in default of payment of such forfeiture and costs, shall be imprisoned in the County Jail until payment of such forfeiture and costs, but not exceeding thirty (30) days for each violation, each day of such violation to constitute a separate offense. In addition to such penalty, the Town Board, by its attorney, is authorized to bring an action to enjoin any violation, and the Town Building Inspector is authorized to refuse to issue a building permit for construction on any premises laid out or subdivided contrary to this Ordinance. The Town Board may further order an Assessor’s Plat to be made pursuant to the Wisconsin Statutes at the expense of the sub-divider or his agent when a subdivision is created in violation of this Ordinance, and the Town Board may refuse to participate directly or indirectly in any road, street or alley development in such area until the violation is corrected or cured.

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

Section XI. Effective Date. This Ordinance shall take effect upon passage and publication. The provisions of this Ordinance shall prevail over any previous Ordinances of the Town of Shelby that are or may be in conflict therewith.

Date passed: March 22, 2010

Section I. Title/Purpose. This Ordinance is entitled "adoption of Comprehensive Plan". The purpose of this Ordinance is as follows:

Section II. Specifics. Elements of the Comprehensive Plan will be implemented at various times as determined by the Town Board.

Section III. Adoption of Ordinance. The Shelby Town Board hereby adopts the following:

That the Town of Shelby Comprehensive Plan, as set forth in the copy of said Comprehensive Plan which is attached and is incorporated by this reference, and including all maps, descriptive matter and other matters contained therein, be and it is hereby adopted by the Town Board of the Town of Shelby, La Crosse County, Wisconsin.

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

Date passed: March 22, 2010