Sie sind auf Seite 1von 636

General Provisions Cr.

5/92

CHAPTER 1 GENERAL PROVISIONS 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 CITY OF EDGERTON MUNICIPAL CODE .......................1 JURISDICTION ....................................................................1 RULES OF CONSTRUCTION .............................................1 CONFLICT AND SEPERABILITY ......................................1 CITY ADMINISTRATOR TO FILE DOCUMENTS INCORPORATED BY REFERENCE ..................................2 PENALTY PROVISIONS .....................................................2 REPEAL OF GENERAL ORDINANCES ............................2 EFFECT OF REPEALS .........................................................3 EFFECTIVE DATE; CITATION ..........................................3 STYLE OF ORDINANCES; ADDITIONS; AMENDMENTS AND REPEALS .............................................................................3 CITY ADMINISTRATOR TO FILE ORDINANCES; SUPPLEMENTAL SHEETS ................................................3 CORPORATE SEAL .............................................................4 MUNICIPAL CITATIONS ...................................................4 PUBLICATION COSTS........................................................4

Chap. 1 - p. 1

General Provisions Cr. 5/92

CITY OF EDGERTON MUNICIPAL CODE CHAPTER 1 GENERAL PROVISIONS


1.1 CITY OF EDGERTON MUNICIPAL CODE.
(1) TITLE. This Code of ordinances may be known and cited as the City of Edgerton Municipal Code. (2) AMENDMENTS. Any additions or amendments to this Code are incorporated in this Code so that a reference to the City of Edgerton Municipal Code includes such additions and amendments. (3) TERMS IN CODE. Terms used in this Code, unless specifically defined in this Code, have the meanings prescribed by the Wisconsin Statutes for the same terms. The title of any official, board or commission refers to such official, board or commission of the City of Edgerton unless otherwise stated.

1.2 JURISDICTION.
Unless otherwise provided in this Code, this Code applies to acts performed within the corporate limits of the City of Edgerton. Provisions of this Code also apply to acts performed outside the corporate limits and up to the limits prescribed by law, where the law confers power on the City to regulate such particular acts outside the corporate limits.

1.3

RULES OF CONSTRUCTION. In the construction of this Code of General Ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the ordinance: (1) WISCONSINSTATUTES. The term "Wisconsin Statutes" wherever used in this Code shall mean the Wisconsin Statutes for the year 1990-1991 and for laws enacted in subsequent years and in effect on the date of enactment of this Code of Ordinances. (2) GENDER,SINGULARANDPLURAL. Every work in this Code and in any ordinance importing the masculine gender may extend and be applied to females as well as males, and every word importing the singular number only may extend and be applied to several persons or things as well as to one person or thing; provided that these rules of construction shall not be applied to any provisions which shall contain any express language excluding such construction or when the subject matter or context of such provisions may be repugnant to such construction. (3) PERSON. The word "person" extends and applies to natural persons, firms, corporations, associations, partnerships or other bodies politic and all entities of any kind capable of being used unless plainly inapplicable. (4) ACTSBYAGENTS. When a provision requires an act to be done which may by law as well be done by an agent as by the principal, such requisition shall be construed to include all such acts when done by an authorized agent.
(1) CONFLICTOFPROVISIONS. If the provisions of the different chapters of this Code conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions arising out of the subsequent matter of such chapter. In the event that it appears that more than one chapter may apply, the more restrictive and stringent provisions shall govern. (2) SEPARABILITYOFCODEPROVISIONS. If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid, or unconstitutional by reason of decision of any court of competent jurisdiction, such decision shall not effect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. The Mayor and Common Council of the City of Edgerton declare that they would have passed this Code and each section, subsection, sentence, clause, phrase or portion irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions may be declared invalid or unconstitutional.

1.4 CONFLICT AND SEPARABILITY.

Chap. 1 - p. 2

General Provisions Cr. 5/92

1.5 CITY

ADMINISTRATOR BY REFERENCE.

TO

FILE

DOCUMENTS

INCORPORATED

Whenever in this Code any standard, code, rule, regulation or other written or printed matter, other than the Wisconsin Statutes or other sections of this Code, are adopted by reference, they shall be deemed incorporated in this Code as if fully set forth herein and the City Administrator is directed and required to file, deposit and keep in his office a copy of the code, standard, rule, regulation or other written or printed matter as adopted. Materials so filed, deposited and kept shall be public records open for examination with proper care by any person during the City Administrator's office hours, subject to such orders or regulations which the City Administrator may prescribe for their preservation.

1.6

PENALTY PROVISIONS.

(1) GENERALPENALTY. Unless another penalty is expressly provided in this Code, any persons who shall violate any of the provisions of this Code shall upon conviction of such violation be subject to a penalty, which shall be as follows: (a) FIRST OFFENSE, PENALTY. Any person who shall violate any provision of this Code subject to a penalty for which a penalty is not otherwise provided for in this code shall, upon conviction thereof, forfeit not less than $10 nor more than $200, together with the costs of prosecution and in default of payment of such forfeitures and costs of prosecution may be imprisoned in the county jail for a period not exceeding 90 days, or may have their driver's license suspended or the court may impose any other penalty as provided by State Statute. (b) SECOND OFFENSE, PENALTY. Any person found guilty of violating any ordinance or any part of this Code who shall previously have been convicted of a violation of the same ordinance, shall upon conviction thereof forfeit not less than $50 nor more than $500 for each such offense together with the costs of prosecution and in default of payment of such forfeiture and costs may be imprisoned in the county jail for a period not exceeding 6 months or may have their drivers license suspended or the court may impose any other penalty as provided by State Statutes. (c) CONTINUED VIOLATIONS. Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this Code shall preclude the City from maintaining any appropriate action to prevent or remove a violation of any provision of this Code. (2) EXECUTIONAGAINSTDEFENDANT'SPROPERTY. Whenever any person fails to pay any forfeiture and costs of prosecution upon the order of the court for violation of any ordinance of the City, the court may, in lieu of ordering imprisonment of the defendant, issue an execution against the property of the defendant for said forfeiture and costs.

1.7

REPEAL OF GENERAL ORDINANCES.


All ordinances adopted by the Common Council of the City of Edgerton prior to the adoption of this Code are repealed, except all ordinances or parts of ordinances relating to the following subjects and not conflicting with any of the provisions of this Code: (1) The issuance of corporate bonds and notes of the City of Edgerton of whatever name or description. (2) The establishment of grades, curb lines and widths of sidewalks in the public street and alleys. (3) The fixing of salaries of public officials and employees. (4) Rights, licenses or franchises or the creation of any contract with the City of Edgerton. (5) The lighting of streets and alleys. (6) The annexation of territory to the City of Edgerton. (7) The naming and changing of names of streets, alleys, public grounds and parks. (8) The letting of contracts without bids. (9) Tax and special assessment levies. (10) Release of persons, firms or corporations from liability. (11) Construction of any public works. (12) Water and sewer rates, rules and regulations and sewer and water main construction. (13) Budget ordinances, resolutions and actions.

Chap. 1 - p. 3

General Provisions Cr. 5/92

1.8

EFFECT OF REPEALS.
The repeal or amendment of any section or provision of this Code or of any other ordinance or resolution of the Common Council shall not: (1) By implication be deemed to survive any ordinance not in force or existing at the time at which such repeal or amendment takes effect. (2) Affect any vested right, privilege, obligation or liability acquired, accrued or incurred under any enactment or obligation or privilege that has been reserved by the City. (3) Affect any offense committed or penalty or forfeiture incurred, previous to the time when any ordinances shall be repealed or amended, except that when any forfeiture or penalty shall have been mitigated by the provisions of any ordinance, such provisions shall apply to and control any judgment to be pronounced after such ordinance takes effect for any offense committed before that time. (4) Affect any prosecution for any offense, or the levy of any penalty for forfeiture pending at the time when any ordinance aforesaid shall be repealed or amended, but the right of action shall continue and the offender shall be subject to the penalty as provided in such ordinances, and such prosecution shall proceed, in all respects, as if such ordinance or ordinances had not been repealed, except that all such proceedings had after the time this Code shall effect, shall be conducted according to the provisions of this Code, and shall be, in all respects, subject to the provisions of this Code.

1.9

EFFECTIVE DATE; CITATION.


These ordinances shall take effect from and after passage and posting of the ordinance adopting this Code, or upon publication in book form. All references shall be cited by section number (example: Section 13.06 Municipal Code of the City of Edgerton).

1.10 STYLE OF ORDINANCES; ADDITIONS, AMENDMENTS AND REPEALS.


All general ordinances hereafter enacted by the Common Council of the City of Edgerton shall be numbered in chronological order, and shall indicate by appropriate decimal number the section, subsection or paragraph of this Code created, amended, repealed or revised.

1.11 CITY ADMINISTRATOR TO FILE ORDINANCES; SUPPLEMENTAL SHEETS.


The City Administrator shall certify one copy of this Code as the original code of Edgerton and shall file the same as part of the city ordinance book. Such copy shall be retained in its original form. In addition, the City Administrator shall retain in his office at least one copy of the Municipal Code of the City of Edgerton in current form in which shall be inserted all supplemental sheets as hereinafter provided. Such copy shall be available for public inspection. Whenever any ordinance amending, repealing, revising or creating any section of this Code is adopted by the Common Council, the City Administrator, after recording such ordinance in the ordinance book, shall cause copies of such ordinance to be reproduced on supplemental sheets in proper form for insertion in the Code and shall insert such ordinances in all copies of this Code in his possession except the aforementioned original copy. The City Administrator shall make such supplemental sheets available at a fee specified by the Common Council from time to time to all persons requesting the same.

1.12 CORPORATE SEAL.


A seal, with the words "City of Edgerton, Wisconsin" in a circular form, with the words "Incorporated March 20, 1883" in a smaller circle and the word "Seal" in the center of such circle, shall be, and the same is made the corporate seal of the City of Edgerton. This seal shall be kept in the custody of the City Administrator.

1.13 MUNICIPAL CITATIONS.


(1) AUTHORIZED. A municipal citation shall be issued to all persons violating ordinances of the City of Edgerton. (2) FORMOFCITATION. The municipal citation authorized by subsection (1) shall provide for the following: (a) The name and address of the alleged violator.
Chap. 1 - p. 4

General Provisions Cr. 5/92

The factual allegations describing the alleged violation. The time and place of the offense. The section of the ordinance violated. A designation of the offense in such manner as can be readily understood by a person making a reasonable effort to do so. (f) The time at which the alleged violator may appear in court. (g) A statement which in essence informs the alleged violator: 1. That the alleged violator may make a cash deposit of a specified amount to be mailed to a specified official within a specified time. 2. That if the alleged violator makes such a deposit, he or she need not appear in court unless subsequently summoned. 3. That if the alleged violator makes a cash deposit and does not appear in court, either he or she will be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment imposed by Section 165.87, Wisconsin Statutes, not to exceed the amount of the deposit or will be summoned into court to answer the complaint if the court does not accept the plea of no contest. 4. That if the alleged violator does not make a cash deposit and does not appear in court at the time specified, an action may be commenced against the alleged violator to collect the forfeiture and the penalty assessment imposed by Section 165.87, Wisconsin Statutes. (h) A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he or she read the statement required under subsection (g) above and shall send the signed statement with the cash deposit. (3) SCHEDULEOFCASHDEPOSITS. Cash deposits which shall be required for the various ordinance violations, and for the penalty assessment imposed by Section 165.87, Wisconsin Statutes, are appended hereto and incorporated herein by reference. Cash deposits shall be submitted to the Clerk of Courts for Edgerton and a receipt shall be issued for each such cash deposits. (4) ISSUANCEANDFILING. Citations authorized under this section may be issued by law enforcement officers of the City of Edgerton.

(b) (c) (d) (e)

1.14 PUBLICATION COSTS.


Any costs incurred by the City for publication of any public notice shall be paid for by the party initiating the request, application, proposal or other activity which has caused or resulted in the publication of the public notice. No license, permit, privilege or other benefit shall be granted the party initiating the request, application, proposal or other activity until such publication costs have been paid to the City Administrator. These publications costs shall be in addition to any other costs for fees required to be paid by the party under the terms of this Code or under the terms of any statute governing the operation of the City.

Chap. 1 - p. 5

General Government Amended 05/12

CITY OF EDGERTON MUNICIPAL CODE CHAPTER 2 GENERAL GOVERNMENT


SECTION 2.01 FORM OF GOVERNMENT The City of Edgerton, Wisconsin, operates under the
Mayor-Council form of government under Chapter 62, Wisconsin Statutes.

SECTION 2.015 BOUNDARIES.

WARD

BOUNDARIES

AND

ALDERMANIC

DISTRICT

Ward Boundaries and Aldermanic District Boundaries, of the Edgerton Code of Municipal Ordinances shall be created to provide as follows and shall be described in Exhibit A: The City of Edgerton shall be divided into seven Wards and three Aldermanic Districts as follows: Exhibit A Ward 1: Beginning at Saunders Creek and Hwy 51; Hwy 51 north to Dane/Rock County line; County line west to Saunders Creek; Saunders Creek to Randolph Street; Randolph Street northeast to Blaine Street; Blaine Street south to Swift Street; Swift Street southwest to Saunders Creek; Saunders Creek to Hwy 51 at POB. Ward 2: Beginning at the intersection of the railroad tracks and Hwy 51; Hwy 51 north to Saunders Creek; Saunders Creek to Swift Street; Swift Street northeast to Blaine Street; Blaine street north to Randolph Street; Randolph Street southwest to Saunders Creek; Saunders Creek to the west boundary of parcel 6-26-999; west boundary of parcel 6-26-999 south to Elm High Drive; Elm High Drive east to Albion Street; Street south to Pleasant Street; Pleasant Street west to North First Street; North First Street north to Barberry Lane; Barberry Lane west to North Second Street; North Second Street; North Second Street south to Rollin Street; west on Rollin Street to W est Street; south on W est Street to the railroad tracks; railroad tracks southeast to POB. Ward 3: Beginning at the intersection of W est Street and Hwy 59; W est Street north to Rollin Street; Rollin Street east to North Second Street; North Second Street north to Barberry Lane; Barberry Lane east to North First Street; North First Street south to Pleasant Street; Pleasant Street east to Albion Street; Albion Street north to Elm High Drive; Elm High Drive west to the western boundary of parcel 626-999; the western boundary of 6-26-999 north to Saunders Creek; Saunders Creek west to the Dane/Rock County line and city limits; city limits around to Hwy 59; Hwy 59 east to Hain Road; Hain Road east to Marlboro Drive; Marlboro Drive north to Hwy 59; Hwy 59 east to POB. Ward 4: Beginning at the intersection of the southern City limits and Highway 51: Highway 51 to the railroad crossing; west to the railroad crossing on Hwy 59; Hwy 59 west to Marlboro Drive; Marlboro Drive south to Hain Road; Hain Road west to Hwy 59; continue on Hwy 59 western boundary of parcel 626-1310 and city limits; city limits boundary to POB. Ward 5: All land in the Corporate limits that is south of Hwy 59 (East Fulton Street) and east of Hwy 51. Ward 6: Beginning at the intersection of Thronson and Highway 51: Highway 51 to Highway 59; Highway 59 to City limits; City limits boundary to Thronson; and Thronson to POB. Ward 7: All land within the City limits located in Dane County.

SECTION 2.016 DEFINITIONS


(1) OFFICIAL: Officials of the City of Edgerton include Elected Officials, Appointed Officials, and all

members of City committees, commissions, boards, subcommittees, and ad hoc committees.

General Government Amended 05/12

SECTION 2.02 ELECTED OFFICIALS


(1) MAYOR AND ALDERPERSONS (a) ELECTION AND TERM. The Mayor shall be elected in even-numbered years for a term of 2 years. Two alderman shall be elected from each aldermanic district, with 1 from each district to be elected each year for a term of 2 years. Such terms shall commence as provided by law. (b) SALARIES. The annual salary paid to the Mayor and alderpersons shall be determined by resolution. (2) MUNICIPAL JUDGE (a) ELECTION AND TERM. The Municipal Judge shall be elected in even-numbered years for a term of 2 years as provided in Chapter 6 of this Municipal Code.

SECTION 2.03 APPOINTED OFFICIALS


(1) To ensure employees skills are matched with appropriate job duties, the Council may elect to assign any of the positions of appointed officials to an employee. The job description will regulate which of the Appointed Official title(s) and duties an employee will carry out. (2) ADMINISTRATOR. The office of City Administrator is created. (a) APPOINTMENT. The City Administrator shall be appointed by a 2/3 vote of the Common Council upon a recommendation of the Personnel Committee. Rules governing the selection of candidates, including qualifications and other pertinent information, shall be prepared by the Personnel Committee and approved by the Common Council. (b) TERM OF OFFICE. The City Administrator shall hold office for an indefinite term, subject to removal for cause by a 3/4 vote of all the members of the Common Council, pursuant to Section 17.12 (1) (d), Wisconsin Statutes. The appointment may be terminated by the Administrator upon thirty (30) days written notice to the Mayor and Common Council of such termination. (c) DUTIES AND RESPONSIBILITIES. The City Administrator shall serve as Chief Administrative Officer of the City of Edgerton under the general direction and policy guidance of the Common Council and the Mayor. Said City Administrator shall be responsible for the administrative direction of all departments and offices of municipal government, subject only to such statutory and municipal ordinance limits which may apply and shall be responsible to only the Common Council of the Whole and the Mayor. It is the intent of this Charter Ordinance that the City Administrator shall have clear authority to administer the day-to-day operations of all departments of the municipal government subject only to such statutory and municipal ordinance limitations. In addition to the general duties and responsibilities previously set forth herein, the City Administrator shall: 1. Be responsible for preparation of the annual City budget, in accordance with such guidelines as may be provided by the Common Council, coordinating with all Department heads, Personnel and Finance Committee, Comptroller and the Mayor. This budget shall be submitted to the Common Council for approval on a date set by the Council. 2. Keep informed concerning current developments in the field of municipal administration, and from time to time, submit recommendations or suggestions to improve the municipal government. 3. Keep informed concerning current state and federal legislation effecting the City of Edgerton, and submit appropriate reports and recommendations to the Common Council. 4. Keep informed concerning the availability of State and Federal funds for local programs, and assist Department heads and the Common Council in procuring such funds. 5. Be responsible for the employment, training, direction and supervision of all clerical and custodial personnel assigned to the municipal government; and for making recommendations to the Common Council on appointments and promotions of key personnel. 6. Supervise all Department Heads. 7. Direct, coordinate and expedite the activities of all City departments, except where such authority is vested by Wisconsin Statute or Municipal Code in boards, commissions or other City officers.

General Government Amended 05/12

Perform the duties of personnel director, participating with Department heads in the employment, training, and evaluation of all City personnel; recommend salary and wage rates for employees not covered by collective bargaining agreements; and direct all labor negotiations for the City. For administrative positions required by statute or ordinance to be appointed by the Mayor and confirmed by the Common Council, the City Administrator shall submit the names of qualified individuals for consideration by the Mayor and Council. 9. Work closely with all Department heads to assure that such personnel and the other City employees receive adequate opportunities for training to improve their knowledge and skills; and act as the approving authority for all requests by City employees to attend conferences, meetings, training schools, etc., pertaining to their employment. 10. In coordination with the Mayor, prepare the agenda for all meetings of the Common Council together with such supporting data as may be required. Nothing herein shall be so construed as to give the City Administrator authority to limit or in any way prevent matters from being considered by the Council. 11. Attend all meetings of the Common Council, assisting the Mayor and the Council members as required in the performance of their duties. 12. Carry out all directives of the Common Council which require administrative implementation, reporting promptly to the Mayor any difficulties encountered therein. 13. Meet regularly with the Mayor to keep the Mayor currently informed about the activities of the Administrator's office. 14. Keep the Common Council informed about the activities of the Administrator's Office, either by written report or oral briefings at regular meetings of the Council. 15. Keep informed concerning current developments pertinent to the responsibilities of the City Plan Commission and Industrial Development Corporation, advise the Mayor and the Common Council on matters before those bodies; and serve as a member of both bodies if so invited. 16. Establish procedures to facilitate communications between citizens and the municipal government to assure that complaints, grievances, recommendations, and other matters receive prompt attention by a responsible official; and to assure that all such matters are expeditiously resolved. 17. Act as Press Officer for the City. As such the City Administrator shall be the principal spokesman on all matters within the City Administrator's authority and responsibility; and shall assure that the news media are kept fully informed about the operations of the City government. (3) CITY CLERK. The City Clerk shall carry out the duties as they are set forth in this ordinance and by Wisconsin Statute 66.09 (11). (a) APPOINTMENT. The City Clerk shall be appointed by a 2/3 vote of the Common Council upon a recommendation of the Personnel Committee. Rules governing the selection of candidates, including qualifications, interviews and other pertinent information shall be prepared by the Personnel Committee. (b) TERM OF OFFICE. The City Clerk shall hold office for an indefinite term, subject to removal upon recommendation of the City Administrator, for cause, and a 3/4 vote of all the members of the Common Council, pursuant to Section 17.12 (1) (d), Wisconsin Statutes. The appointment may be terminated by the City Clerk upon thirty (30) days written notice to the City Administrator and Common Council prior to such termination. (c) The City Clerk shall work with and be responsible to the City Administrator for all operations of said Office of City Clerk when not contravened by the appropriate Wisconsin Statute or Ordinance of the City of Edgerton Municipal Code. (d) DUTIES AND RESPONSIBILITIES: The City Clerk shall perform the following duties and responsibilities: 1. Care and custody of the corporate seal and all papers and records of the City. 2. Attend the meetings of the Common Council and keep a full record of its proceedings. 3. Enter at length, immediately after it goes into effect, every ordinance in an ordinance book, with proof of publication, date of passage and page of journal entry where final vote is recorded.

8.

General Government Amended 05/12

The Clerk shall keep a record of all licenses and permits granted and record all bonds, in appropriate books. 4. Draw and sign all orders upon the treasury in the manner provided by ss. 66.042, and keep a full account thereof in appropriate books. The Clerk shall carefully preserve all receipts filed with the Clerk. 5. Keep an accurate account with the treasurer and charge the treasurer with all tax lists presented for collection and with all moneys paid into the treasury. 6. Keep all papers and records in the Clerks office open to inspection at all reasonable hours. 7. By March 15, the Clerk shall publish as a class 1 notice, under ch. 985, a statement showing the receipts and disbursements as to each fund during the preceding fiscal year. 8. Administer oaths and affirmations under these statutes. 9. In writing filed in the Cler ks office, may assign a deputy, who shall act under the Clerks absence or disability or in case of a vacancy shall perform the Clerks duties, and shall have power to administer oaths and affirmations. The deputy shall receive such compensation as the Council shall provide. The Clerk and the Clerks sureties shall be liable on the Clerks official bond for the acts of the deputy. 10. Notify the treasurer of the county in which the City is located, by February 20, of the proportion of property tax revenue and the credits under s. 79.10 that is to be disbursed by the taxation district treasurer to each taxing jurisdiction located in the City. 11. Stamp or endorse street trade permits at the request of an employer under s. 103.25(3m)(b). (4) ATTORNEY. The City Attorney shall be appointed by the Common Council at the reorganizational meeting of the Common Council, on the third Tuesday of April, and shall take and hold office for the term of 1 year, commencing with the first regular meeting in May. The Mayor shall not vote on the confirmation of such appointment except in case of a tie. (5) ASSESSOR. The City Assessor shall be appointed by the Common Council, pursuant to 62.09(1)(c), at the reorganizational meeting of the Common Council, on the third Tuesday of April, and shall take and hold office for the term of 1 year, commencing with the first regular meeting in May. The Mayor shall not vote on the confirmation of such appointment except in case of a tie. (6) BUILDING INSPECTOR. The Building Inspector may be appointed by the Common Council as a contracted service or an appointed official. (a) APPOINTMENT. The Building Inspector shall be appointed by a 2/3 vote of the Common Council upon a recommendation of the Personnel Committee. Rules governing the selection of candidates, including qualifications, interviews and other pertinent information shall be prepared by the Personnel Committee. The Building Inspector as a contracted service shall be appointed by the Common Council and shall take and hold office for a term set forth in his/her contract. The Mayor shall not vote on the confirmation of such appointment except in case of a tie (b) TERM OF OFFICE. The Building Inspector shall hold office for an indefinite term, subject to removal upon recommendation of the City Administrator, for cause, and a 3/4 vote of all members of the Common Council, pursuant to Section 17.12(1)(d), Wisconsin Statutes. The appointment may be terminated by the Building Inspector upon thirty (30) days written notice to the City Administrator and Common Council prior to such termination. (c) The Building Inspector shall work with and be responsible to the City Administrator for all operations of said Office of Building Inspector when not contravened by the appropriate Wisconsin Statute or Ordinance of the City of Edgerton Municipal Code. (d) DUTIES AND RESPONSIBILITIES. In addition to any other duties set by the Common Council, the Building Inspector shall administer, supervise, and enforce the provisions of this chapter and shall: 1. Prepare building permit forms and issue building permits in conformance with provisions of this ordinance. 2. Inspect each project for which a permit has been applied or granted. 3. Report violations and provide this information to the Planning Commission and the City Administrator.

General Government Amended 05/12

4. Make quarterly reports of his activities to the Planning Commission and Common Council. (7) FINANCE DIRECTOR. The Office of Finance Director is hereby created. (a) APPOINTMENT. The Finance Director shall be appointed be a 2/3 vote of the Common Council upon a recommendation of the Personnel Committee Rules governing the selection of candidates, including qualifications, interviews and other pertinent information shall be prepared by the Personnel Committee. (b) TERM OF OFFICE. The Finance Director shall hold office for an indefinite term, subject to removal upon recommendation of the City Administrator, for cause, and a 3/4 vote of all members of the Common Council, pursuant to Section 17.12 (1) (d), Wisconsin Statutes. The appointment may be terminated by the Finance Director upon thirty (30) days written notice to the City Administrator and Common Council prior to such termination. (c) The Finance Director shall work with and be responsible to the City Administrator for all operations of said Office of Finance Director when not contravened by the appropriate Wisconsin Statute or Ordinance of the City of Edgerton Municipal Code. (d) DUTIES AND RESPONSIBILITIES. The Finance Director shall perform the following duties and responsibilities: 1. Serve as Secretary-Treasurer of the Utility Water Commission. 2. Serve as Manager of the Municipal Cemetery. 3. Report regularly to the Finance Committee and Common Council on the current fiscal position of the City and the current status of expenditures relative to the City Budget; and assure that all municipal funds are deposited in interest bearing accounts whenever possible. 4. Supervise the complete accounting systems of all City departments and insure that such systems employ the most modern methods possible within financial limitations. 5. Supervise the purchase of all materials, supplies and equipment for which funds are provided in the budget; let contracts necessary for operation or maintenance of City services for amounts up to and including $5,000; receive sealed bids for purchases or contracts in excess of $5,000 for presentation to the Common Council for approval unless the taking of bids is waived by the Council. (8) CITY COMPTROLLER. The Office of the City Comptroller is established. (a) APPOINTMENT. The Office of the City Comptroller shall be appointed be a 2/3 vote of the Common Council upon a recommendation of the Personnel Committee. Rules governing the selection of candidates, including qualifications, interviews and other pertinent information shall be prepared by the Personnel Committee. (b) TERM OF OFFICE. The City Comptroller shall hold office for an indefinite term, subject to removal upon recommendation of the City Administrator, for cause, and a 3/4 vote of all members of the Common Council, pursuant to Section 17.12 (1) (d), Wisconsin Statutes. The appointment may be terminated by the City Comptroller upon thirty (30) days written notice to the City Administrator and Common Council prior to such termination. (c) The City Comptroller shall work with and be responsible to the City Administrator for all operations of said Office of City Comptroller when not contravened by the appropriate Wisconsin Statute or Ordinance of the City of Edgerton Municipal Code. (d) DUTIES AND RESPONSIBILITIES. The City Comptroller shall perform the following duties and responsibilities: 1. Fulfill the duties of the City Comptroller as set forth in Wisconsin Statute 62.09(10). (9) CITY TREASURER. The Office of City Treasurer is hereby established (a) APPOINTMENT. The City Treasurer shall be appointed by a 2/3 vote of the Common Council upon a recommendation of the Personnel Committee. Rules governing the selection of candidates, including qualifications, interviews and other pertinent information shall be prepared by the Personnel Committee. (b) TERM OF OFFICE. The City Treasurer shall hold office for an indefinite term, subject to removal upon recommendation of the City Administrator, for cause, and a 3/4 vote of all members of the Common Council, pursuant to Section 17.12 (1) (d), Wisconsin Statutes. The appointment may be

General Government Amended 05/12

terminated by the City Treasurer upon thirty (30) days written notice to the City Administrator and Common Council prior to such termination. (c) The City Treasurer shall work with and be responsible to the City Administrator for all operations of said Office of City Treasurer when not contravened by the appropriate Wisconsin Statute or Ordinance of the City of Edgerton Municipal Code. (d) DUTIES AND RESPONSIBILITIES. The City Treasurer shall perform the following duties and responsibilities: 1. Fulfill the duties of the City Treasurer as set forth in Wisconsin Statute 62.09(9). (10) DIRECTOR OF PUBLIC WORKS. (a) APPOINTMENT. The Director of Public Works shall be appointed by a 2/3 vote of the Common Council upon a recommendation of the Personnel Committee. Rules governing the selection of candidates, including qualifications, interviews and other pertinent information shall be prepared by the Personnel Committee. (b) TERM OF OFFICE. The Director of Public Works shall hold office for an indefinite term, subject to removal for cause by a 3/4 vote of all the members of the Common Council, pursuant to Section 17.12 (1)(d), Wisconsin Statutes. The appointment may be terminated by the Director of Public Works upon thirty days written notice to the Mayor and Common Council prior to such termination. (c) The Director of Public Works shall work with and be responsible to the City Administrator for all operations of said Office when not contravened by the appropriate Wisconsin Statute or Ordinance of the City of Edgerton Municipal Code. (d) DUTIES AND RESPONSIBILITIES. The Director of Public Works shall perform all the following duties and responsibilities: 1. Supervise and control all employees assigned to the Public Works Department. 2. Have charge of and supervision over all public property of the City, including streets, parks, parkways, sidewalks, municipal buildings, garages, storage buildings and all other property of the City not specifically assigned to some other officer. 3. Have charge of and be responsible for the care, maintenance and operation of the streets and sidewalks and drainage thereof. All construction, repair or extension of any pavement, building and all other construction, repair or maintenance work conducted by the City shall be done by or under the supervision of the Director of Public Works unless specific direction to the contrary is made by the Common Council. 4. Have charge of and be responsible for the condition of all motor vehicles, trucks, and other equipment of the City except vehicles operated by the Police and Fire Departments, and shall be responsible for all buildings or places in which such equipment is housed or kept. 5. Serve as superintendent of the cemetery. (11) EMERGENCY GOVERNMENT DIRECTOR. See Chap. 7 (12) ENGINEER. The City Engineer shall be appointed by the Common Council at the reorganizational meeting of the Common Council, on the third Tuesday of April, and shall take and hold office for the term of 1 year, commencing with the first regular meeting in May. The Mayor shall not vote on the confirmation of such appointment except in case of a tie. (13) FIRE CHIEF. See Chapter 8 (14) LIBRARY DIRECTOR. The Library Director shall be appointed by the Library board pursuant to Chapter 43.58 (4) Wisconsin Statute. The Library Director shall serve at the pleasure of the Library Board and shall perform all duties and receive such compensation as the Library Board may from time to time establish. (15) POLICE CHIEF. See Chapter 5 (16) UTILITY DIRECTOR. The Office of Utility Director is hereby created. (a) APPOINTMENT. The Utility Director shall be appointed by a 2/3 vote of the Utility Commission. Rules governing the selection of candidates, including qualifications, interviews and other pertinent information shall be prepared by the Utility Commission. (b) TERM OF OFFICE. The Utility Director shall hold office for an indefinite term, subject to removal for cause by a 3/4 vote of all the members of the Utility Commission, pursuant to Section 17.12 (1)(d),

General Government Amended 05/12

Wisconsin Statutes. The appointment may be terminated by the Utility Director upon thirty days written notice to the Utility Commission prior to such termination. (c) The Utility Director shall work with and be responsible to the Utility Commission and City Administrator for all operations of said Office when not contravened by the appropriate Wisconsin Statute or Ordinances of the City of Edgerton Municipal Code. (d) DUTIES AND RESPONSIBILITIES. The Utility Director shall supervise and manage the Utility Department as directed by the Utility Commission. The Director shall carry out the duties as set forth in this ordinance and by Wisconsin Statute 66.0805.

SECTION 2.04 REGULATIONS GOVERNING OFFICIALS.


(1) EFFECT. The provisions of this section shall apply to officials of the City as defined in 2.016 (1) above, regardless of the time of creation of the office or selection of the officer unless otherwise specifically provided by ordinance or resolution of the Common Council. (2) RESIDENCY. Unless otherwise specifically provided, all members, residents, commissioners, and alternates appointed to a City of Edgerton committee, commission, board, or authority shall be residents of the City of Edgerton. (3) OATH OF OFFICE. Every official of the City, including members of boards and commissions shall, before entering upon the duties of the position and within 10 days of being elected or appointed or noticed thereof, take the oath of office prescribed by law and file said oath in the office of the City Clerk, except the City Clerk whose oath shall be filed in the office of the City Administrator; provided that the Municipal Justice shall take the official oath of that position with 10 days after being elected and file it with the Clerk of the Circuit Court. (Ord 98-8) Any person re-elected or reappointed to the same office shall take and file an official oath for each term of office. (3) BOND. Every official shall, if required by law or the Common Council, upon entering upon the duties of his office, give a bond in such amount as may be determined by the Common Council with such sureties as are approved by the Mayor, conditioned upon the faithful performance of the duties of his office. Official bonds shall be filed as are oaths as provided in subsection (2) of this section. (4) SALARIES. All officials of the City shall receive such salaries as may be provided from time to time by the Common Council by ordinance, unless specifically permitted to be set by resolution. No official receiving a salary from the City shall be entitled to retain any portion of any fees collected by him for that performance of his duties as such officer in the absence of a specific law or ordinance to that effect. Payment of regular wages and salaries established by the Common Council shall be by payroll. (5) VACANCIES. (a) Vacancies in appointive offices shall be filled by appointment by the Mayor, subject to confirmation by a majority vote of the Common Council, for the remainder of the unexpired term unless the term for such office is indefinite. (b) Unless otherwise provided by statute or ordinance, all citizen members appointed to any City committee, board, commission, or authority by the Mayor and Common Council are subject to removal at the pleasure of the Common Council. When such removal requires a finding of cause, inefficiency, or neglect of duty, said finding may be based upon any of the following:

1. 2. 3. 4.

The members unexcused absence from more than three consecutive meetings of the committee, board, commission, or authority. The members unexcused absence from more than half of the respective bodys meetings in any twelve-month period of time. The member s absence for any reason, excused or unexcused, from 75% or more of the respective bodys meetings within any twelve-month period of time. Committee members designated as alternates will be considered in attendance at a meeting even if they are not at the meeting, provided they contact the Chair or City Clerk before the meeting to determine if their presence is not needed at the meeting.

General Government Amended 05/12

(c) The presiding officer of each City committee, commission, board, and authority shall promptly notify the Mayor if a member of said body does not comply with the attendance standards described herein. When required by statute, the Common Council shall conduct a hearing related to the charges prior to determining whether the appointee shall be removed from office. Removal requires an affirmative vote of three-fourths of all Council members. Upon removal, the Mayor shall declare the appointed office vacant and a new member shall be appointed pursuant to applicable statutes and ordinances. (d) An absence shall be considered unexcused under this section when the appointed official does not notify the presiding officer or the City Clerk of the absence prior to the meeting. This section does not preclude removal for cause due to conduct other than absences. (Ord. 02-21) (6) CODE OF ETHICS (a) Declaration of Policy. (1) The proper operation of democratic government requires that Officials and employees be responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a Code of Ethics for all City of Edgerton Officials and employees, whether elected or appointed, paid or unpaid, including members of boards, committees, and commissions of the City. (2) The purpose of this Code of Ethics is to establish guidelines for ethical standards of conduct for all such Officials and employees, to set forth those acts or actions that conflict with the best interests of the City and conflict with or are incompatible with the proper discharge of duties. The Edgerton Common Council believes that a Code of Ethics for the guidance of elected and appointed officials and all City of Edgerton employees will help them avoid conflicts between their personal interests and their professional responsibilities, will improve standards of public service and will promote and strengthen the faith and confidence of the citizens of this City in their elected and appointed officials and employees. (3) The Common Council hereby reaffirms that each such Official and employee holds his or her position as a matter of public trust and any intentional effort to realize personal gain through official conduct is a violation of that trust. The provisions and purpose of this Code of Ethics and such rules and regulations as may be established are hereby declared to be in the best interests of the City of Edgerton. (b) Definitions. (1) Anything of value means any, money or property, favor, service, payment, advance, forbearance, loan, or promise of future employment for any Official or employee of the City of Edgerton or their immediate family. Excluded from this definition are seasonal, anniversary, or customary gifts among immediate family members or friends, hospitality unrelated to city business, and all political contributions that are reported under Chapter 11, Wisconsin Statutes. (2) Associated, when used with reference to an organization, includes any organization in which an individual or a member of his or her immediate family is a director, officer, or trustee, or owns or controls, directly or indirectly, and severally or in the aggregate, at least 10 percent of the outstanding equity, of which an individual or a member of his or her immediate family is an authorized representative or agent. (3) Business means any corporation, partnership, proprietorship, firm, enterprise, franchise, or association, organization, self-employed individual or any other legal entity that engages in profit making activities. (4) City means the City of Edgerton, Wisconsin. (5) Immediate family member means an individuals spouse or domestic partner, or an individuals relative by marriage, lineal descent or adoption who receives, directly or indirectly, more than one-half of his or her support from the individual or from whom the individual receives, directly or indirectly, more than one-half of his or her support. (6) Incumbent means all person s listed in Section 2.04(6)(c) (7) Organization means any public or private, profit or non-profit, religious, educational, charitable or political organization or entity but does not include governmental bodies.

General Government Amended 05/12

(c) Application. This section applies to the following persons: (1) Elected officials of the City of Edgerton as defined in section 2.02 of the Code of General Ordinances. (2) All employees of the City of Edgerton. (3) All members of city committees, commissions, subcommittees, ad hoc committees, and boards. (4) All Appointed Officials as defined in section 2.03 of the Code of General Ordinances (d) Statutory Standards of Conduct. The provisions of the following sections of the Wisconsin Statutes, as from time to time amended, are made a part of this Code of Ethics and shall apply to all Incumbents whenever applicable: (1) Section 946.10, Bribery of Public Officers and Employees. (2) Section 946.11, Special Privileges from Public Utilities. (3) Section 946.12, Misconduct in Public Office. (4) Section 946.13, Private Interest in Public Contract Prohibited. (e) Responsibility of Public Office. The Edgerton Common Council reaffirms that incumbents are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and Constitution of the State of Wisconsin and to carry out impartially the laws of the nation, state, and City of Edgerton. They are bound to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary concern. Incumbents shall adhere to the rules of work and performance established as the standard for their positions by the appropriate authority. They shall not exceed their authority or breach the law or ask others to do so. This local ethics code does not prevent any local incumbent from accepting other employment or following any pursuit which in no way interferes with the full and faithful discharge of his or her duties to this City. The Council further recognizes that in a representative democracy, the representatives are drawn from society and, therefore, cannot and should not be without all personal and economic interest in the decisions and policies of government; that citizens who serve as local public officials and employees retain their rights as citizens to interests of a personal or economic nature; that standards of ethical conduct for incumbents need to distinguish between those minor and inconsequential conflicts that are unavoidable in a free society and those conflicts which are substantial and material; and that incumbents may need to engage in employment, professional or business activities, other than official duties, in order to support themselves or their families and to maintain a continuity of professional or business activity, or may need to maintain investments, which activities or investments do not conflict with the specific provisions of this subchapter. (f) Standards of Conduct for Incumbents. (1) Use of office or position. No incumbent may use or attempt to use his or her position or office to obtain financial gain or anything of substantial value or any advantage, privilege or treatment for the private benefit of himself or herself or his or her immediate family member, or for an organization with which he or she is associated. Participation by incumbents in celebrations, grand openings, open houses, and similar events are excluded from the prohibition on the receipt of anything of value. This prohibition shall not be construed to prevent incumbents who are candidates for elective office from accepting hospitality from citizens for the purpose of supporting the candidates campaign. This paragraph does not prohibit an incumbent from using the title or prestige of his or her office to obtain campaign contributions that are permitted and reported as required by Chapter 11, Wisconsin Statutes. (2) Influence and reward. No person or entity may offer or give to an incumbent or member of an incumbents immediate family, directly or indirectly, and no incumbent may solicit or accept from any person or entity, directly or indirectly, anything of value if it could reasonably be expected to influence the incumbents vote, official actions, or judgment, or could reasonably be considered as a reward for any official action or inaction on his or her part. (3) Limitationson actions (a) No incumbent may take any official action substantially affecting, a matter in which he or she, a member of his or her immediate family, or an organization with which he or she is associated, has a substantial financial interest.

General Government Amended 05/12

(b) No incumbent may use his or her office or position in a way that produces or assists in the production of a substantial benefit, direct or indirect, for him or her, a member of his or her immediate family, either separately or together, or an organization with which the incumbent is associated. (4) Privilege and Advantage. No incumbent shall request or permit the use of City-owned vehicles, equipment, materials, or property for personal convenience or profit, or for that of another, except when the same are available to the public generally or except where otherwise authorized by the Common Council. No incumbent shall grant any privilege, anything of value, special consideration, treatment, or advantage to any person beyond that which is available to every other person except as may be specifically provided for by law. (5) DisclosureofInformation. No incumbent may intentionally use or disclose information gained in the course of or by reason of his or her official position or activities in any way that could result in the receipt of anything of value for himself or herself, for a member of his or her immediate family, or for any other person or entity if the information has not been communicated to the public or is not a public record. No Incumbent shall without proper legal authorization, disclose confidential information concerning property, government, or affairs of the City. (6) Receipt of Anything of Value. No incumbent shall receive and retain from the city or on behalf of the city, transportation, lodging, meals, food or beverage, or reimbursement therefor unless the same were incurred or received primarily for the benefit of the city. (g) Advisory Opinions. (1) Any individual, either personally or on behalf of an organization or governmental body, may request of the municipal attorney, an advisory opinion regarding the propriety of any matter to which the person is or may become a party. Any appointing officer, with the consent of a prospective appointee, may request of the municipal attorney an advisory opinion regarding the propriety of any matter to which the prospective appointee is or may become a party. The attorney shall review a request for an advisory opinion and may advise the person making the request. Advisory opinions and requests therefor shall be in writing. It is prima facie evidence of intent to comply with this section or any ordinance enacted under this section when a person refers a matter to the municipal attorney for a local governmental unit and abides by the advisory opinion, if the material facts are as stated in the opinion request. Except as provided in par. (b), the municipal attorney may not make public the identity of an individual requesting an advisory opinion or of individuals or organizations mentioned in the opinion. (2) The municipal attorney may make the opinion public with the consent of the individual requesting the advisory opinion or the organization or governmental body on whose behalf it is requested and may make public a summary of an advisory opinion issued under this subsection after making sufficient alterations in the summary to prevent disclosing the identities of individuals involved in the opinion. A person who makes or purports to make public the substances of or any portion of an advisory opinion requested by or on behalf of the person waives the confidentiality of the request for an advisory opinion and of any records obtained or prepared by the municipal attorney in connection with the request for an advisory opinion. (h) Penalties. (1) Any incumbent found to be in violation of any of the provisions of Section 2.04(6) shall forfeit not less than $100.00 or more than $1,000.00 for each violation. Subsection 2.04(6) shall be enforced in the case and on behalf of the City by action of the City Attorney. Any person found to be in violation of any provision of the Code of Ethics may be subject to censure by the Common Council.

SECTION 2.05 BOARDS, COMMITTEES, AUTHORITIES AND COMMISSIONS.


(1) BOARD OF HEALTH. (a) COMPOSITION. The Common Council shall constitute the Board of Health and the Mayor, or his designee, shall serve as Health Officer and as Chairperson of the Board.

10

General Government Amended 05/12

(b) MEETINGS. Meetings of said Board may be called at any time by its chairperson, or in his absence, by the Administrator, by verbal notice to the members thereof, or by notice in writing served personally upon, or left at the usual place of abode of said members. A majority of the members of said Board shall constitute a quorum for the transaction of business. (c) POWERS AND DUTIES. The Board of Health shall perform all the duties and shall possess and exercise all the powers provided for and conferred upon Board of Health by Chapter 141 of Wisconsin Statutes and other statutes pertaining thereto and the Ordinances of the City of Edgerton, including the care and supervision of the general health and general sanitary conditions of the City. (2) BOARD OF REVIEW. (a) COMPOSITION. The Board of Review shall consist of 4 members, including the Mayor, 2 Alderpersons and the City Clerk. The Alderperson members shall be appointed by the Mayor, subsequent to the approval of the Common Council, on the third Tuesday of April in each year and shall serve a term of one year. (b) POWERS AND DUTIES. The Board of Review shall have the duties and powers prescribed by 70.47, Wisconsin Statutes, and shall function in accordance with the provisions thereof. (c) COMPENSATION. The members of the Board of Review shall be compensated at the rate of $40 per day for each day on which the Board of Review is in session and they are in attendance. (3) BOARD OF ZONING APPEALS. (a) MEMBERSHIP. The Board of Appeals shall consist of 5 members appointed by the Mayor and confirmed by the Common Council. No member or alternate member is appointed or elected to a City elective office during his or her term on the Board of Appeals, said member or alternate shall vacate the position on the Board before being sworn in as an elected official, and the vacancy shall be filled for the unexpired term pursuant to subsection (3)(i) below. Elected officials serving on the Board of Appeals as of the effective date of this ordinance may complete their terms on the Board but shall not be re-appointed upon completion of said term if said official holds a City elected office at that time. (b) TERMS. Terms shall be for staggered year periods. (c) CHAIRPERSON. The Chairperson shall be annually appointed by the Mayor, subsequent to the approval of the Common Council, on the third Tuesday of April in each year and shall serve a term of one year. (d) CONFLICT OF INTEREST. Any member who has any interest in a matter before the Board shall not vote thereon and shall remove himself from any meeting or hearing at which such matter is under consideration. (e) ALTERNATE MEMBER. Up to two alternate members may be appointed by the Mayor for a term of 3 years. The alternates shall act, with full power, only when a member of the Board refuses to vote because of a conflict of interest or when a member is absent. (f) SECRETARY. The Board of Appeals shall elect one of its members as secretary. (g) BUILDING INSPECTOR. The Building Inspector shall attend all meetings for the purpose of providing technical assistance when requested by the Board of Appeals. (h) OFFICIAL OATHS. All members shall take the official oath in accordance with ss.19.01, Wisconsin Statutes, no later than the first regularly scheduled meeting after the appointment. (i) VACANCIES. Vacancies shall be filled for unexpired terms in the same manner as appointments for full terms. (j) COMPENSATION. Compensation shall be as determined by the City Council. (k) ORGANIZATION. The Board of Appeals shall organize and adopt rules of procedure for its own government in accordance with the provisions of this chapter. 1. Meetings shall be held at the call of the Chairperson and at such other times as the Board may determine and shall be open to the public. 2. Minutes of the proceedings and a record of all actions shall be kept by the secretary, showing the vote of each member upon each question, or if absent, or failing to vote indicating such fact, the reasons for the Board's determination, and its finding of facts. The Secretary shall keep records of the Board's examinations and other official actions, all of which shall be immediately filed with the City Administrator and shall be a public record.

11

General Government Amended 05/12

If a quorum is present, the Board of Appeals may take action under State Statute 62.23(7)(e)3m by a majority vote of the members present. (l) POWERS. The Board of Appeals shall have the following powers: 1. Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Building Inspector or any other administrative officer or body in the enforcement of codes, regulations or ordinances under their jurisdiction. 2. Variances. To hear and grant appeals for variances from the terms of Chapter 22 as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardships, so that the spirit and purposes of Chapter 22 shall be observed and the public safety and welfare secured, and substantial justice done. Use variances shall not be granted, nor shall a variance be granted, where the conditions exist as a result of a self-imposed hardship. 3. Interpretations. To hear and decide application for interpretations of the codes, regulations, ordinances and the boundaries of the zoning districts after the City Plan Commission has made a review and recommendations. 4. Permits. The Board may reverse, affirm wholly or partly, or modify the requirements appealed from, and may direct the issuance of a permit. 5. Assistance. The Board may request assistance from other City officials, departments, committees, and boards. 6. Oaths. The Chairman shall administer oaths and may compel the attendance of witnesses. (4) ELECTION BOARD. The Election Board is created pursuant to Chapter 7.30 and 7.32 Wisconsin Statutes. (a) COMPOSITION. 1. The Election Board shall consist of residents of the City. An odd number of Election Board members, 3, 5, or 7, shall be present at each election to carry out the duties. 2. Pursuant to Wis. Stat. 7.30(1) the City shall allow for the selection of 2 or more sets of officials to work at different times on election days and permit the Clerk or his/her designee to establish different working hours for different officials assigned to the same polling place. Alternate officials shall also be appointed in a number sufficient to maintain adequate staffing of the polling places. (Ord. 02-17) (b) APPOINTMENT AND TERM. The Mayor, no later than the last regular meeting in December of each even numbered year, shall submit to the Common Council, his nominations, taken from those lists submitted by each of the Mayor's nominations, who shall take and hold office for the term of two years. (c) POWERS AND DUTIES. The Powers and Duties of the Election Board shall be those enumerated in Chapter 7 Wisconsin Statutes. (5) HOUSING AUTHORITY. (a) COMPOSITION. The Housing Authority shall consist of 5 members, none of which shall may be connected in any capacity with any political party. No more than two members may be officers of the City. (b) APPOINTMENT AND TERM. The Mayor, subject to the confirmation of the Common Council shall appoint members to the Housing Authority on the first Tuesday in April, to hold office commencing May 1, for a term of five years. (c) VACANCIES. Vacancies shall be filled for unexpired terms in the same manner as regular appointments are made. (d) POWERS AND DUTIES. The powers and duties of the Housing Authority shall be those enumerated in Chapters 66.40 to 66.404 Wisconsin Statutes. (6) LIBRARY BOARD. The Library Board is created pursuant to Chapter 43.54 of Wisconsin Statutes and does not exist by virtue of any local ordinance. (a) COMPOSITION. The Library Board shall consist of 7 members. Two members may be residents of adjacent townships, one member shall be the school district administrator or his/her designee, and the

3.

12

General Government Amended 05/12

remainder shall be residents of the City. Not more than one member of the municipal governing body shall at any one time be a member of the Library Board. (Ord. 01-10) (b) APPOINTMENT AND TERM. The Mayor, subject to the confirmation of the Common Council, shall appoint members to the Board on the first Tuesday in April, to hold office commencing May 1, for a term of three years. (c) VACANCIES. Vacancies shall be filled for unexpired terms in the same manner as regular appointments are made. (d) POWERS AND DUTIES. The powers and duties of the Library Board shall be those enumerated in Chapter 43.58 Wisconsin Statutes. (7) PLANNING COMMISSION. (a) HOW CONSTITUTED. The City Planning Commission shall consist of 7 members: The Mayor, who shall be its presiding officer; two Alderpersons, and 4 citizens. Ex-officio members shall be the City Administrator, Director of Public Works, City Engineer and Rock County Planner/Engineer. (b) TERM OF OFFICE. 1. The Alderperson member of the City Planning Commission shall be nominated by the Mayor and approved by the Council upon creation of the Commission, and during each April thereafter. 2. The 3 citizen members shall be appointed by the Mayor, upon creation of the Commission, to hold office for a period ending one, 2, and 3 years respectively, from the succeeding first day of May, and thereafter annually during April one such member shall be appointed for a term of 3 years. (c) QUALIFICATIONS. All citizen members shall be persons with recognized experience and qualifications and shall hold office until their respective successors are selected and qualified. (d) COMPENSATION. The City Planning Commission shall organize annually at its first meeting in May by the election of a secretary and such other officers as may in their judgement be necessary. The Commission may also formulate any lawful rules for its operation and procedures in accordance with City Council rules. (e) VACANCIES. All vacancies on the City Plan Commission shall be filled for the unexpired term in the same manner as appointment for the full term. (f) REMOVAL. Any member shall be removed by the Mayor for cause upon written charges and after public hearing. (g) MEETINGS. Regular meetings shall be held at least monthly as specifically determined by the Plan Commission. Special meetings may be called by the presiding officer or upon written request of 2 commission members. Notice of special meetings shall be given by personal service to all members at least 24 hours prior to the called special meeting. Minutes shall be kept by the secretary and filed with the City Administrator. (h) QUORUM. Four members shall constitute a quorum to transact any business, and all actions shall require the affirmative approval of a majority of all the members in attendance. (i) ACTIVITIES FOR PLANNING COMMISSION REVIEW. City Council or other public body or officer of the City having authority thereon, shall refer to the City Planning Commission, for its consideration and report before final action is taken by the City Council or public body or officer, the following matters: 1. The location and architectural design of any public building: 2. The location of any statue or other memorial. 3. The location, acceptance, extension, alteration, vacation, abandonment, change of use, sale or acquisition of land or lease of land for any street, alley or other public way, park, playground, airport, area for parking facilities, or other memorial or public grounds. 4. The location, extension, abandonment or authorization for any public utility whether public or privately owned. 5. All land divisions of land in the City or within the territory over which the City is given planning jurisdiction by Chapter 236, Wisconsin Statutes. 6. The location, character and extent or acquisition, leasing or sale of lands for public or semipublic housing, slum clearance, relief of congestion, or vacation camps for children.

13

General Government Amended 05/12

The abandonment or repeal of any ordinance adopted pursuant to Chapter 22. Unless such report is made within 45 days or such longer period as may be stipulated by the Common Council, the Council or other public body or officer may take final action without it. (j) POWERS AND DUTIES. The City Planning Commission shall have the following powers: 1. Land Divisions. To review and approve or deny preliminary certified survey maps and subdivision plats. To review and recommend to the City Council the approval or denial of final certified survey maps and subdivisions plats. Conditions of approval may be attached to preliminary or final approval. 2. Conditional Uses. To hear and grant a conditional use permit after review and a public hearing provided that conditional uses and structures are in accordance with the purpose and intent of Chapter 22 and are found not to be hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the neighborhood or the community. 3. Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made. Whenever the Commission permits such a substitution, the use may not thereafter be changed without application. 4. Unclassified Use. To hear and grant applications for unclassified and unspecified uses, provided that such uses are similar in character to the principal uses permitted in the district. 5. Temporary Uses. To hear and grant applications for temporary uses in any district, provided that such uses are of a temporary nature, do not involve the erection of a substantial structure, and are compatible with the neighboring uses. The permit shall be temporary, revocable, subject to any conditions required by the Commission and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this chapter shall be required. (8) POLICE COMMISSION. (a) COMPOSITION. The Police Commission shall consist of 5 citizens, one of whom shall be appointed annually by the Mayor, subject to confirmation by the Council, for a term of 5 years beginning on May 1. No more than 3 members of the Commission shall belong to the same political party as provided in 62.13(1) Wisconsin Statutes. No Commission member shall also be an elected City official. If a commission member is appointed or elected to a City elective office during his or her term on the Commission, said member shall vacate the position on the Commission before being sworn in as an elected official, and the vacancy shall be filled for the unexpired term pursuant to this subsection. Elected officials serving on the Commission as of the effective date of this ordinance may complete their terms on the Commission but shall not be re-appointed upon completion of said term if said official holds a City elected office at that time. (b) APPOINTMENTS. The Commission shall appoint the Chief of Police who shall hold their offices during good behavior, subject to suspension or removal by the Commission for cause. The Chief of the Police shall appoint their subordinates, subject to the approval of the Board and in the manner and form as prescribed by law and the statutes, in such case made and provided. (c) RULES AND REGULATIONS. The Police Commission shall from time to time make such rules and regulations as it may deem necessary to perform and execute the duties and powers herein vested in such Board. (d) POWER AND AUTHORITY. The Board of Police Commissioners shall have the power and authority prescribed in and shall be subject to the provisions of Section 62.13 of the Wisconsin Statutes. (e) SUPERVISION AND MANAGEMENT. The power to supervise and manage personnel, and the authority to develop and implement policies of the Police Department shall be vested in the Police Commission. The City Council shall fix the salaries of the Chiefs and members of the Police Department and shall determine said Department budget as provided in Section 62.13 of the Wisconsin Statutes. (9) UTILITY COMMISSION.

7.

14

General Government Amended 05/12

(a) COMPOSITION. The Utilities Commission shall consist of 5 citizens and 2 Alderpersons, whom shall be appointed by the Mayor, subject to confirmation of the Council. Citizen members shall serve staggered terms of 5 years beginning on May 1. Alderpersons shall be appointed annually. (b) POWER AND AUTHORITY. The Utilities Commission is hereby created pursuant to all provisions of Section 66.0805 of the Wisconsin Statutes. (c) RULES AND REGULATIONS. The Utilities Commission shall set the operation and management policies for both the Water Utility and Sewer Utility. Water Utility rules and regulations shall conform with the dictates of the Public Service Commission Administrative Rules. (d) SUPERVISION AND MANAGEMENT. The authority to supervise and manage personnel shall be vested in the Utility Commission. The City Council shall fix the salaries for the Utility Personnel. (10) REDEVELOPMENT AUTHORITY. (Ord. 99-08) (a) CREATION OF A REDEVELOPMENT AUTHORITY - Pursuant to Section 66.431(3) of Wisconsin Statutes (entitled Redevelopment Authority) there is hereby created a redevelopment authority which shall be known as the Redevelopment Authority of the City of Edgerton. (b) STATUS OF REDEVELOPMENT AUTHORITY AS A PUBLIC BODY - A Redevelopment Authority (RA) is deemed to be a public body having all the powers, duties, and functions granted to redevelopment authorities by applicable laws of the State of Wisconsin. (c) APPOINTMENT, CONFIRMATION, AND TERM OF COMMISSIONERS - the seven Commissioners and one alternate of the RA shall be residents of the City Of Edgerton and shall be appointed by the Mayor and confirmed by the City Council as follows: (1) One (1), but no more than two (2), of the Commissioners shall be City Officials or members of the City Council and confirmed annually at the special Common Council meeting held on the third Tuesday of April. No Commissioner who is a City Official or member of the City Council may be appointed and confirmed to a single term longer than one year. If only one Council member is appointed, a citizen shall be appointed in place of the second Council member. (2) Terms of office for the initial commission members shall be as follows: two (2) for one (1) year; two (2) for two (2) years; one (1) for three (3) years; one (1) for four (4) years; and one (1) for five (5) years. (3) Thereafter the terms of the remaining Commissioners and one alternate who are not City officials or members of the City Council shall be five (5) years. Commissioners who are not City officials or members of the City Council shall serve until a successor has been appointed and qualified, unless such Commissioner s term is vacated earlier because of change of residence, removal, resignation, or death. (4) Vacancies shall be filled by the Mayor and confirmed by a 4/5 vote of the City Council. (5) The alternate is allowed to participate at all commission meetings. The alternate shall act, with full voting power, only when a member of the commission refuses to vote because of a conflict of interest or when a member is absent. (d) BY-LAWS - The RA may adopt and from time to time amend or repeal such by-laws and other rules and regulations consistent with applicable law and as it deems necessary in the performance of its functions. (e) OFFICERS, AGENTS, AND EMPLOYEES (1) The RA shall annually elect a Chairperson and Vice-Chairperson from among the Commissioners. Vacancies occurring in the office of Chairperson or Vice-Chairperson shall be filled from among the Commissioners for the un-expired portion of the term. The Authority may elect to open nominations for the office of chairperson or vice-chairperson prior to the expiration of either the chairperson s or vice-chairpersons term. Should (2) Authority members request to open nominations, the next RDA meeting agenda shall include said request. A motion to open nominations for the selection of chairperson or vice-chairperson of the Authority, prior to the expiration of either the chairpersons or vice-chairperson s term, shall be carried only by affirmative vote of two-thirds of the Authoritys members. Should said motion to

15

General Government Amended 05/12

open nominations carry, the Authority shall immediately select a chairperson or vice-chairperson from among the Commissioners to serve the remainder of the respective term. (2) The RA may contract with the City or other agency or entity, public or private, for the provision of any necessary services associated with the RA in the performance of its duties and functions. Any services provided to the RA by the City pursuant to such contract shall be coordinated through the City Administrator. (f) POWERS AND DUTIES OF THE RA (1) Redevelopment Plan(s) - The RA shall have the authority to create a redevelopment plan. The RA shall implement the retention and development activities as identified in any redevelopment plan(s) or other economic development plans created and approved by the City Council. The RA shall be responsible for regularly reviewing redevelopment or economic development plans, and shall implement any changes or additions to the plans approved by the City Council. (2) Redevelopment Authority - The RA shall have all the powers, duties, and functions of a Redevelopment Authority as set forth in Section 66.431 of the Wisconsin Statutes. All redevelopment projects initiated by the RA and approved by the City Council shall be undertaken and carried out in accordance with Sections 66.405 to 66.425, 66.43, 66.431, 66.435, or 66.46 of the Wisconsin Statutes as determined appropriate to each project by the City Council (3) The RA shall submit an annual budget to the City Administrator; such budget shall be subject to review by the City Administrator prior to submission to the City Council. The approval of the RA budget by the City Council permits the RA to spend budgeted funds for the purposes designated. (4) The RA shall advise the City Council of funds or assets received by the RA from all sources, and provide a monthly accounting of expenditures to the City Council for information purposes. The RA shall be subject to the City accounting and auditing procedures. (5) In addition to the foregoing powers, duties, and functions, the RA shall have such other powers, duties, and functions related to redevelopment as are granted to it by the City Council. (g) SEVERABILITY - If any section, subsection, sentence, clause, phrase, or position of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion of the Ordinance. (h) CONSTRUCTION - All powers, duties, and functions of a redevelopment authority, as set forth in Section 66.431 of the Wisconsin Statutes are deemed to have been granted to the RA as though set forth in this Ordinance, and the powers granted hereunder shall be constructed liberally to effectuate its purpose. (Ord. 99-08) (11) HISTORIC PRESERVATION COMMISSION. See Chapter 20 Section 20.17.

SECTION 2.06 PUBLIC RECORDS.


(1) DEFINITIONS. (a) AUTHORITY. Any of the following City entities having custody of a City record: an office, elected official, agency, board, commission, committee, council, department or public body corporate and politic created by constitution, law, ordinance, rule or order; or a formally constituted subunit of the foregoing. (b) CUSTODIAN. That officer, department head, division head, or employee of the City designated under sub. (3) or otherwise responsible by law to keep such records in his or her office, or is lawfully in possession or entitled to possession of such public records and who is required by this section to respond to requests for access to such records. (c) RECORD. Any material on which written, drawn, printed, spoken, visual or electromagnet information is recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority. Record includes, but is not limited to, handwritten, typed, or printed pages, maps, charts, photographs, films, recordings, tapes (including computer tapes) and computer printouts. Record does not include drafts, notes, preliminary computations and like materials prepared for the originator's personal use or prepared by the originator in the name of a person for whom the originator is working; materials which are purely the personal property of the

16

General Government Amended 05/12

custodian and have no relation to his or her office; materials to which access is limited by copyright, patent or bequest; and published materials in the possession of an authority other than a public library which are available for sale, or which are available for inspection at a public library. (2) DUTY TO MAINTAIN RECORDS. (a) Except as provided under Sub. (7), each officer and employee of the City shall safely keep and preserve all records received from his or her predecessor or other persons and required by law to be filed, deposited or kept in his or her office or which are in the lawful possession or control of the officer or employee or his or her deputies, or in the possession or control of which he or she or they may be lawfully entitled as such officers or employees. (b) Upon the expiration of an officer's term of office or an employee's term of employment, or whenever the office or position of employment becomes vacant, each such officer or employee shall deliver to his or her successor all records then in his or her custody and the successor shall receipt therefore to the officer or employee who shall file such receipt with the City Administrator. If a vacancy occurs before a successor is selected or qualifies, such records shall be delivered to and receipted for by the Administrator, on behalf of the successor, to be delivered to such successor upon the latter's receipt. (3) LEGAL CUSTODIANS. (a) Each elected official is the legal custodian of his or her records and the records of his or her office, but the official may designate an employee of his or her staff to act as the legal custodian. (b) Unless otherwise prohibited by law, the City Administrator or the Administrator's designee shall act as legal custodian for the City Council and for any committees, commissions, boards or other authorities created by ordinance or resolution of the City Council. (c) For every authority not specified in pars. (a) or (b), the authority's chief administrative officer is the legal custodian for the authority, but the officer may designate an employee of his or her staff to act as the legal custodian. (d) Each legal custodian shall name a person to act as legal custodian in his or her absence or the absence of his or her designee. (4) PUBLIC ACCESS TO RECORDS. (a) Except as provided in sub. (6), any person has right to inspect a record and to make or receive a copy of any record as provided in 19.35(1), Wisconsin Statutes. (b) Records will be available for inspection and copying during all regular office hours. (c) If regular office hours are not maintained at the location where records are kept, the records will be available for inspection and copying upon at least 48 hours advance notice or intent to inspect or copy. (d) A requester shall be permitted to use facilities comparable to those available to City employees to inspect, copy or abstract a record. (e) The legal custodian may require supervision during inspection or may impose other reasonable restrictions on the manner of access to an original record if the record is irreplaceable or easily damaged. (f) A requester shall be charged a fee to defray the cost of locating and copying records as follows: 1. The cost of photocopying shall be $0.25/page. Such cost has been calculated not to exceed the actual, necessary and direct cost of reproduction. 2. If the form of a written record does not permit copying, the actual and necessary cost of photographing and photographic processing shall be charged. 3. The actual full cost of providing a copy of other records not in printed form on paper, such as films, computer printouts and audiotapes or videotapes, shall be charged. 4. If mailing or shipping is necessary, the actual cost thereof shall also be charged. 5. There shall be no charge for locating a record unless the actual cost therefor exceeds $50.00, in which case the actual cost shall be determined by the legal custodian and billed to the requester. 6. The legal custodian shall estimate the cost of all applicable fees and may require a cash deposit adequate to assure payment, if such estimate exceeds $5.00. 7. Elected and appointed officials of the City shall not be required to pay for public records they may reasonably require for the proper performance of their official duties.

17

General Government Amended 05/12

The legal custodian may provide copies of a record without charge or at a reduced charge where they determine that waiver or reduction of the fee is of public interest. (g) Pursuant to 19.34, Wis. Stat., and the guidelines therein listed, each authority shall adopt, prominently display and make available for inspection and copying at its offices, for the guidance of the public, a notice containing a description of its organization and the established times and places at which, the legal custodian from whom, and the methods whereby, the public may obtain information and access to records in its custody, make requests for records, or obtain copies of records and the costs thereof. This subsection does not apply to members of the Common Council. (5) ACCESS PROCEDURES. (a) A request to inspect or copy a record shall be made to the legal custodian. A request shall be deemed sufficient if it reasonably describes the requested record or the information requested. However, a request for a record without a reasonable limitation as to subject matter or length of time represented by the record does not constitute a sufficient request. A request may be made orally, but a request must be in writing before an action to enforce the request is commenced under 19.37, Wisconsin Statutes. Except as provided below, no request may be refused because the person making the request is unwilling to be identified or to state the purpose of the request. No request may be refused because the request is received by mail, unless prepayment of a fee is required under Subsection (4) (f) 6. A requester may be required to show acceptable identification whenever the requested record is kept at a private residence or whenever security reasons or federal law or regulations so require. (b) Each custodian, upon request for any record shall, as soon as practicable and without delay, either fill the request or notify the requester of the authority's determination to deny the request in whole or in part and the reasons therefor. If the legal custodian, after conferring with the City Attorney, determines that a written request is so general as to be unduly time consuming, the party making the request may first be required to itemize his or her request in a manner which would permit reasonable compliance. (c) A request for a record may be denied as provided in Subsection (6). If a request is made orally, the request may be denied orally unless a demand for a written statement of the reasons denying the request is made by the requester within 5 business days of the oral denial. If a written request is denied in whole or in part, the requester shall receive a written statement of the reasons for denying the request. Every written denial of a request shall inform the requester that if the request for the record was made in writing, then the determination is subject to review upon petition for a writ of mandamus under 19.37(1), Wisconsin Statutes, or upon application to the Attorney General or a district attorney. (6) LIMITATIONS ON RIGHT TO ACCESS. (a) As provided by 19.36, Wisconsin Statutes, the following records are exempt from inspection under this section: 1. Records specifically exempted from disclosure by State and federal law or authorized to be exempted from disclosure by State law. 2. Any record relating to investigate information obtained for law enforcement purposes if federal law or regulations require exemption from disclosure is a condition to receipt of aids by the State. 3. Computer programs, although the material used as input for a computer program or the material produced as a product of the computer program is subject to inspection. 4. A record or any portion of a record containing information qualifying as a common law trade secret. (b) As provided by 43.30, Wisconsin Statutes, public library circulation records are exempt from inspection under this section. (c) In responding to a request for inspection or copying of a record which is not specifically exempt from disclosure, the legal custodian, after conferring with the City Attorney, may deny the request, in whole or in part, only if he or she determines that the harm to the public interest resulting from disclosure would outweigh the public interest in full access to the requested record. Examples of matters for which disclosure may be refused include, but are not limited to, the following:

8.

18

General Government Amended 05/12

Records obtained under official pledges of confidentiality which were necessary and given in order to obtain the information contained in them. 2. Records of current deliberations after a quasi-judicial hearing. 3. Records of current deliberations, concerning employment, dismissal, promotion, demotion, compensation, performance or discipline of any City officer or employee, or the investigation of charges against a City officer or employee, unless such officer or employee consents to such disclosure. 4. Records concerning current strategy for crime detection or prevention. 5. Records of current deliberations or negotiations on the purchase of City property, investing of City funds or other City business whenever competitive or bargaining reasons require nondisclosure. 6. Financial, medical, social or personal histories or disciplinary data of specific person which, if disclosed, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such history or data. 7. Communications between legal counsel for the City and any officer, agent or employee of the City, when advice is being rendered concerning strategy with respect to current litigation in which the City or any of its officers, agents or employees is or is likely to become involved, or communications which are privileged under 905.03, Wisconsin Statutes. (d) If a record contains information that may be made public and information that may not be made public, the custodian of the record shall provide the information that may be made public and delete the information that may not be made public from the record before release. The custodian shall confer with the City Attorney when separating out the exempt material. If, in the judgment of the custodian and the City Attorney, there is no feasible way to separate the exempt material from the nonexempt material without unreasonably jeopardizing nondisclosure of the exempt material, the entire record shall be withheld from disclosure. (7) DESTRUCTION OF RECORDS. (a) City officers may destroy all non-utility financial records of which they are the legal custodians and which are considered obsolete, after completion of any required audit by the Bureau of Municipal Audit or an auditor licensed under Chapter 442, Wisconsin Statutes, but not less than 7 years after payment or receipt of any sum involved in the particular transaction, unless a shorter period has been fixed by the State Public Records Board pursuant to 16.61(3)(e), and then after such shorter period. (b) City officers may destroy all utility records of which they are the legal custodians and which are considered obsolete after completion of any required audit by the Bureau of Municipal Audit or an auditor licensed under Chapter 442, Wisconsin Statutes, subject to State Public Service Commission regulations, but not less than 7 years after the record was effective unless a shorter period has been fixed by the State Public Records Board pursuant to 16.61 (3) (e), Wisconsin Statutes, and then after such a shorter period, except that water stubs, receipts of current billings and customers' ledgers may be destroyed after 2 years. (c) City officer may destroy all records of which they are the legal custodian and which are considered obsolete, but not less than 7 years after the record was effective unless another period has been set by statue, and then after such a period, or unless a shorter period has been fixed by the State Public Records Board pursuant to 16.61 (3) (e), Wisconsin Statutes, and then after such a shorter period. (d) Unless notice is waived by the State Historical Society, at least 60 days' notice shall be given the State Historical Society prior to the destruction of any record as provided by 19.21 (4) (a), Wisconsin Statues. (e) Any tape recordings of a governmental meeting of the City may be destroyed, erased or reused no sooner than 90 days after the minutes of the meeting have been approved and published, if the purpose of the recording was to make minutes of the meeting. (8) PRESERVATION THROUGH MICROFILM. Any City officer or the director or any department or division of City government may, subject to the approval of the City Council, keep and reserve public records in his or her possession by means of microfilm or other photographic reproduction method. Such records shall meet the standards for photographic reproduction set forth in 16.61 (7) (a) and (b), Wisconsin Statutes, and shall be considered original records for all purposes. Such records shall be

1.

19

General Government Amended 05/12

preserved along with other files of the department or division and shall be open to public inspection and copying according to the provisions of State law and of subs. (4) through (6) of this section.

SECTION 2.07 ELECTIONS.


(1) STATE STATUTE ADOPTED. Except as otherwise specifically provided in this ordinance, all provisions of Chapters 5 through 10 of Wisconsin Statutes describing and defining regulation with respect to elections in cities of the 4th class, are hereby adopted and by reference made a part of this ordinance at though fully set forth herein. (2) REGISTRATION. Pursuant to the Federal Help American Vote Act (HAVA) all voters are required to be registered before being allowed to vote as of the effective date of this ordinance. (3) DESIGNATION OF POLLING PLACE. On every election day, the polling place for elections conducted within the City of Edgerton shall be at the Edgerton City Hall, 12 Albion Street, Edgerton, Wisconsin. The polling place established at the City Hall shall serve as the common polling place for Aldermanic Districts One, Two and Three, Mayor and Municipal Judge. (4) OPENING AND CLOSING OF POLLS. On every election day the polls shall be opened for voting at 7:00 o'clock in the morning and closed at 8:00 oclock in the evening Exhibit A Ward 1: Beginning at corner of Blaine Street and Dane/Rock County line: Blaine to Swift; Swift to Highway 59; Highway 59 to Highway 51; Highway 51 north to Rock/Dane County line; and west along Rock/Dane County line to POB. Ward 2: Beginning at corner of Blaine Street and Dane/Rock County line: Blaine to Swift; Swift to Highway 59; Highway 59 to Albion; Albion to West Rollin; West Rollin to North Second; North Second to Barberry; Barberry to 510/520 Barberry; north on easement between 510/520 Barberry to Rock/Dane County Line; Rock/Dane County line to POB. Ward 3: Beginning at the Dane/Rock County line on easement between 510/520 Barberry: Barberry to North Second; North Second to West Rollin; West Rollin to Albion; Albion to Highway 59; Highway 59 west to City limits; City limits boundary back to POB. Ward 4: Beginning at the intersection of the southern City limits and Highway 51: Highway 51 to Highway 59; Highway 59 west to City limits; and City limits boundary back to POB. Ward 5: Beginning at the intersection of Thronson and Highway 51: Highway 51 to Highway 59; Highway 59 to City limits; City limits boundary to Thronson; and Thronson to POB. Ward 6: All land in the Corporate limits that is south of Hwy 59 (East Fulton Street) and east of Hwy 51. Ward 7: All land within the City limits located in Dane County. (Ord. 01-18)

20

The Governing Body Amended 3/2008

CITY OF EDGERTON MUNICIPAL CODE CHAPTER 3 THE GOVERNING BODY RULES OF THE COMMON COUNCIL AND COMMITTEE RESPONSIBILITIES.
SECTION 3.01 REGULAR COMMON COUNCIL MEETINGS. The regular meetings of the
Common Council shall be held at the Council Chamber on the first and third Monday in each month (except when such meeting date shall be on a holiday, then such regular meeting shall be held on the succeeding day), at 7:00 p.m., and special meetings at such times as the Mayor or a majority of the Council may direct.

SECTION 3.02 MAYOR SHALL PRESIDE. The Mayor, or in his absence, the President of the
Council, shall take the chair at the hour appointed, call the members of the Council to order, and may at the insistence of any two members, order the attendance of absentees. In the absence of the Mayor and President of the Council, any member may call the Council to order, and thereupon the Council shall appoint a Chairman to preside at such meeting.

SECTION 3.03 QUORUM.


1. 2. Two-thirds of all persons must be present at a Council meeting to constitute a quorum for the transaction of business. Unless otherwise provided by statute or ordinance, a majority of the total membership of any city committee, board, commission, or authority shall constitute a quorum, regardless of whether a vacancy exists on the respective body. Final action by any such body shall require total votes constituting a quorum. A committee may convene without a quorum to discuss agenda items provided no action, recommendations or motions are made other than to adjourn the meeting. The lack of a quorum should be noted in the minutes.

SECTION 3.04 MAYOR SHALL NOT COUNT IN QUORUM. The Mayor shall not be counted
in computing a quorum, majority or other proportion under the requirements of law for the same, and shall not vote except in case of a tie.

SECTION 3.05 SPECIAL MEETINGS. The Mayor may call a special meeting by written notice to
each member delivered to him personally or left at his usual place of abode at least six hours before the meeting. Following a regular city election, the new Council shall first meet on the third Tuesday of April, and a President of the Council shall be chosen from among the aldermen by a majority vote thereof.

SECTION 3.06 COMMITTEE APPOINTMENTS.


1. All committee appointments and other appointments shall be made by the Mayor or other presiding officer and confirmed by the Council unless otherwise provided by law. A majority of all the members of the Council shall be necessary for confirmation. In case of a tie the Mayor shall have the deciding vote as in other cases. Resignations. All resignations from committee appointments and other appointments shall be submitted to the Mayor and Common Council in writing. Partial Terms. All committee appointments and other appointments that occur after the third Tuesday in April shall be for the balance of the term for which the appointment is made. In the event of an appointment to an initial term of office beginning after the third Tuesday in April and having a specific

2. 3.

The Governing Body Amended 3/2008

duration, if the partial term of office begins 182 calendar days or more before the next re-organizational meeting, such partial term shall be counted as one full year. (Ord. 01-12)

SECTION 3.07 MEETINGS OPEN TO THE PUBLIC. Meetings shall be open to the public. The
Council may punish by fine members or other persons for disorderly conduct.

SECTION 3.08 ALL VOTES SHALL BE RECORDED. The ayes and noes may be required by any
member. On confirmation and on the adoption of any measure assessing or levying taxes, appropriating or disbursing money, or creating any liability or charge against the City or any fund thereof, the vote shall be by ayes and noes. All aye and nay votes shall be recorded in the journal. (1) Minutes Shall Be Recorded. The minutes of all Common Council meetings, Committee and Commission meetings shall be recorded. All written minutes shall be based on said recordings.

SECTION 3.09 STYLE OF ORDINANCES. The style of all ordinances shall be "The Common
Council of the City of Edgerton do ordain as follows".

SECTION 3.10 ORDER OF BUSINESS. The order of business for the Common Council meeting shall
be as follows: (1) Call To Order. Call to order shall be made by the presiding officer. (2) Roll Call. If a quorum is not present, the meeting shall automatically adjourn to the next meeting. (3) Pledge of Allegiance. (4) Confirmation of Meeting Notice. The Clerk shall confirm the date and places the meeting was noticed and posted. (5) Acceptance of Agenda. The presiding officer shall request a motion to accept or amend the agenda as presented. (6) Personal Appearances. The presiding officer may allow comments and suggestions from citizens. (7) Approval Of The Minutes. Reading of the minutes of the preceding meeting, approval of the minutes if correct, and correction of mistakes, if any. Where copies of the minutes are received by each member in advance, the reading of the minutes aloud may be waived if no member objects. (8) Committee Reports. The agenda shall list all committees that have met since the last regular Common Council meeting. Action can only be taken on those items specifically listed. Brief reports may be given on committee activity but the members shall restrain from discussing those items not specifically listed. (9) Non-Committee Items. Items not coming from a committee may be listed before being discussed or action taken. (10) Mayor, Alderperson and Staff Reports. Communications and recommendations from elected and appointed individuals. (11) Closed Session. In accordance with the Wisconsin Statutes, the Council may go into closed session. (12) Adjourn. (Ord. 02-15)

SECTION 3.11

ALL COMMUNICATION SHALL BE IN WRITING. All petitions, memorials, resolutions or other communications shall be in writing with a brief statement of their contents endorsed upon them, together with the name of the member presenting the same, and no application shall be considered or entered unless the same be in writing. Each committee to whom any matter shall be referred, shall report thereon in writing, at the first stated meeting after such reference, and the same shall be read by the Administrator previous to any further action being taken thereon. SECTION 3.12 QUESTIONS OF ORDER. The presiding officer shall decide all questions of order,
subject to an appeal to the Council.

SECTION 3.13 DECORUM. It shall be the duty of the presiding officer to preserve decorum; and if any
member transgresses the Rules of the Council, the presiding officer shall, or any member may, call him to order, in

The Governing Body Amended 3/2008

which case the member called to order shall immediately sit down and be silent, unless permitted to explain, and the Council, if appealed to, shall decide the matter.

SECTION 3.14 ITEMIZED BILL REQUIRED. No bill shall be allowed unless the same be itemized. SECTION 3.15 ALL MEMBERS SHALL VOTE. Every member present, when a question is put,
shall vote.

SECTION 3.16 MOTIONS IN WRITING. Every motion or proposition, except privileged motions
shall be reduced to writing by the Administrator.

SECTION 3.17 MOTIONS TO BE READ. When a motion is made and seconded, it shall be deemed
to be in possession of the Council, and shall be stated by the presiding officer or, being in writing, shall be delivered to the City Administrator, and read by him/her previous to debate.

SECTION 3.18 WITHDRAWAL OF MOTIONS. After a motion is stated by the presiding officer, or
read by the Administrator, it shall not be withdrawn, except by consent of the Council.

SECTION 3.19 FORM OF QUESTION. All questions shall be put in this form: "As many as are of the
opinion (as the case may be) say Aye; contrary, No" and in doubtful cases, the presiding officer may direct, or any member may call for a division.

SECTION 3.20 SPEAKER TO CONFINE REMARKS. When a member is about to speak on a


question, or make a motion, he shall rise and respectfully address the presiding officer, and the presiding officer shall pronounce the name of the member, entitled to the floor; and the member shall confine his remarks to the question under consideration.

SECTION 3.21 SPEAKING LIMITATIONS. No member shall speak more than twice on any
question, nor more than ten minutes at any one time without leave of a majority of the members present, expressed by a rising vote.

SECTION 3.22 STANDING COMMITTEES. There shall be five standing committees of the
Common Council. The standing committees of the Council shall be appointed by the Mayor, annually, and shall consist of three members. (1) PERSONNEL COMMITTEE. In addition to the duties assigned elsewhere, the Personnel Committee shall under advise of the City Administrator and under the overall control of the Common Council be responsible for the following: (a) Planning and Policy Recommendations. The Committee shall plan and recommend policies with respect to the safety of City employees and their working conditions. (b) Direct and Coordinate. The Committee shall direct all matters arising under Chapter 111, Wisconsin Statutes, and policy making on all personnel matters involving employees of the City. In performing these duties, the Personnel Committee shall work closely with the City Administrator, City Attorney, or labor negotiator designated by the Common Council. As Chief Personnel Officer, the City Administrator shall coordinate and administer all directives and policies of the Committee and City Council. (c) Wisconsin Employment Relations Commission. The Committee shall direct the conduct of all proceedings involving the Wisconsin Employment Relations Commission including those relative to the election, certification and decertification of collective bargaining units (including proceedings for the determination of the number of employees, type of bargaining unit and eligibility of employees in the classified service to participate in such elections) and including those relative to prohibited practice, fact finding, compulsory arbitration and mediation proceedings. The Personnel Committee

The Governing Body Amended 3/2008

(d)

(e)

(f)

(g) (h)

shall also direct the conduct of all of the proceedings before courts or other government agencies involving personnel matters. Collective Bargaining. The Committee shall be the Collective Bargaining Team for the City. Recognized City employee labor organizations shall submit their collective bargaining requests to the City Administrator who shall refer these matters to the Committee. The Committee may then conduct a public hearing on the requests in which all interested persons may appear and state their views thereon. Collective bargaining with recognized bargaining units shall be carried on by the Committee which shall adopt and amend rules and procedures not in conflict with any other existing ordinances or resolutions of the City governing the conduct of such bargaining. The City Administrator shall be the Chief Negotiator and spokesperson for the bargaining team. Elected officials, department heads, and supervisory personnel shall not distribute, to any City employee or other person, any written communication bearing upon the subject of relations matters unless prior approval of the City Administrator. The agreements reached at the conclusion of such collective bargaining shall be reduced to writing by the City Administrator and submitted in the form of a proposed ordinance or resolution to the Committee which shall present said document to the Common Council for its approval or rejection. Enforcement. The Committee shall be empowered to authorize the City Administrator to institute legal proceedings to prevent employees from engaging or continuing to engage in practices prohibited by or in violation of Chapter 111, Wisconsin Statutes, and to enforce any ordinance or resolution by the Common Council relative to agreements reached at the conclusion of collective bargaining procedures as provided for in Subparagraph. 4. Employees Excluded From Recognized Bargaining Units. The Committee upon recommendation of the City Administrator shall periodically, but not less than annually, review the wages, hours and conditions of employment of all employees not represented by recognized City employee labor organizations and submit their recommendations to the Common Council. The Committee may meet with such employees, if they so request, prior to making its recommendations. Employment Selection. As outlined in section 1.3 of the Personnel Policies and Procedures Manual, the appropriate Authorizing Body shall approve candidates for employment. (Ord 02-02) City Administrator As Ex-officio Member. The City Administrator shall be an Ex-officio member of the Personnel Committee, but shall not vote on matters before the Committee.

(2) FINANCE COMMITTEE. In addition to duties assigned elsewhere, the Committee shall have charge, under the supervision of the Common Council and recommendation of the City Administrator and Finance Director, of all purchases of insurance coverage, labor, services, supplies and materials and shall be responsible for the direction and coordination of all contracts made except where sufficient funds have been appropriated in the current budget to an official, department, board or commission or to a particular fund. All purchases shall be made on the basis of a written purchase order by the proper official, department head, board or commission. (Ord. 96-6) In addition to the above duties, the Committee shall be responsible for the licenses and permits. The Committee shall make recommendations to the Common Council with respect to license applications and matters pertaining to licenses and permits as they pertain to Chapter 5, 6, 7, 9, 16, 17, 18, 19, 20, and 21 of this Municipal Code. (Ord. 96-6) (a) Public Hearing. The Finance Committee may conduct a public hearing in regard to any prospective purchase or contract and interested persons may appear and state their views thereon. (b) City Administrator And Finance Director As Ex Officio Members. The City Administrator and Finance Director shall serve as an ex officio members of the Finance Committee, but shall not vote on matters before the Committee. (Ord. 96-6) (3) PUBLIC WORKS COMMITTEE. In addition to the duties assigned elsewhere, the Public Works Committee shall be responsible for the following:

The Governing Body Amended 3/2008

(a) Plan and Set Policy For Maintenance. In consultation with the City Administrator, Director of Public Works and City Engineer, the Public Works Committee shall plan and set policy for the repair and maintenance of City streets, sidewalks, storm sewers, and public buildings. (b) Plan and Set Policy for Cemetery. The rules and regulations governing the cemetery and interments therein; the review of the sale price of cemetery lots, the amounts of annual assessments, perpetual care, charge for work done by cemetery employees and the annual operating and capital budgets for the cemetery. All other duties and authority as described in 157.50 of the Wisconsin Statutes and Chapter 14 of this Code. (c) Plan And Set Policy For Health And Sanitation. The Committee, in consultation with the City Administrator, Director of Public Works, City Engineer and County Health Department, shall plan and set policy on matters pertaining to health and sanitation including, but not limited to, refuse collection, solid waste disposal, and land fill management. (d) The planning and policy setting on matters pertaining Chapters 10, 11, and 14 of this Municipal Code. (Ord. 96-16) (4) PUBLIC SAFETY AND WELFARE COMMITTEE. In addition to the duties assigned elsewhere, the Public Safety and Welfare Committee shall be responsible for the following: (a) Police Department. In consultation with the Police Chief, City Administrator and Police Commission, the Committee shall plan and set policy for the operation and administration of the Police Department. (b) Building Inspection and Regulation. The Committee, in consultation with the City Administrator and Building Inspector, shall plan and set policy on matters pertaining to building inspection and regulation. (c) Nuisance Abatement. The Committee, in consultation with the City Administrator, City Attorney, Director of Public Works and Police Chief, shall plan and set policy on matters pertaining to the abatement of nuisances. (d) Disorderly Conduct. The Committee, in consultation with the City Attorney, Chief of Police and City Administrator, shall plan and set policy on matters pertaining to disorderly conduct. (e) Recommend Ordinances and Resolutions. The Committee, in consultation with the City Administrator, Director of Public Works, City Attorney, Police Chief and Fire Chief, shall review and make recommendations on ordinances and resolutions pertaining to parking, pedestrian and vehicular traffic, signage and general Public Safety and Welfare matters relating to this Section. Except where provided elsewhere, it shall also be the responsibility of said Committee to review and recommend all other ordinances coming before the Common Council. (5) PERMITS AND LICENSES COMMITTEE. This section shall be abolished as a separate Committee. All functions of this committee shall be incorporated into the Finance Committee. (Ord. 96-6)

3.225 OTHER COMMITTEES Other committees of the Council shall be appointed by the Mayor, as set
forth by each committee description as follows: (1) PARKS AND RECREATION COMMITTEE. A Parks and Recreation Committee is created pursuant to Sections 27.08 of the Wisconsin Statutes and shall have the duties and authority prescribed therein and in Section 27.09 and the care and management of the parks and recreation program of the City. (a) COMPOSITION. The Parks and Recreation Committee shall be comprised of 7 members, 2 shall be members of the Common Council, with the remainder being residents of the City. (b) APPOINTMENT AND TERM. Members shall be appointed by the Mayor, subject to confirmation of the Common Council, for a term of 5 years commencing May 1, with the terms staggered so that at least one but not more than 2 terms expire annually. (c) POWERS AND DUTIES. The Parks and Recreation Committee shall serve as an advisory Committee to the Common Council, advising the Council on all matters pertaining to the management and regulations of all parks now owned or hereafter acquired and all recreation programs of the City. Areas of responsibility shall include, but not be limited to: 1. The management, improvement and care of public parks.

The Governing Body Amended 3/2008

2. 3. 4. 5. 6.

The development of policies, procedures, rules and regulations pertaining to the use of public parks and City sponsored recreation programs. The development of annual operating and capital budgets for the parks, recreations, and swimming pool programs. The development of a broad variety of recreational programs and services to meet the needs and demands of the community. Advising the Council on issues of land acquisition and leasing and/or land sales or exchanges affecting the City's parks. Advising the Council on levels of staffing. (Ord. 96-16)

(2) COMMITTEE OF THE WHOLE. The Committee of the Whole shall serve as a forum of discussion and communication between all Committees, and shall be comprised of all members of the Common Council and the Mayor. No final action on any issue may be taken by such Committee. Said Committee shall be open to the public. Proper posting of this Committee meeting, shall be determined by the appropriate Wis. Stats. (3) SPECIAL COMMITTEES. Select or special committees may be raised by resolution designating the number of members, the objective and the duties or responsibilities of the same. Unless otherwise provided, the members shall be appointed by the Mayor. Said Committees shall be dissolved at each reorganizational meeting of the Council. (4) REVOLVING LOAN FUND COMMITTEE. The Revolving Loan Fund Committee (RLF) shall consist of seven (7) members appointed by the Mayor and confirmed by the Common Council as follows: (a) Members: The seven member committee shall consist of individuals representative of a broad City interests and have special expertise and knowledge of commercial lending and economic development processes. Expertise on the Committee optimally shall include representation from the governing body, the Planning Commission, the local development corporation, the local chamber of commerce, the local banking community, a business law attorney and the RLF administrator. The City Administrator shall serve as the RLF administrator. The members of the Revolving Loan Fund Committee shall be nominated by the Mayor and confirmed by the Common Council. (b) Terms of Office: Terms of office for the RLF administrator shall be indefinite. Terms of office for the Council member and Plan Commission member, if any, shall be one year. The terms of office for the remaining members of the committee shall be five years alternating. (c) Powers and Duties: The Revolving Loan Fund Committee shall have the authority to review, select and recommend loan applications to the governing body for final approval. The Committee shall also have the authority to make policy recommendations for the administration of the program. The Committee shall follow the guidelines set forth by the Wisconsin Department of Development and stated in the Revolving Loan Fund manual.

SECTION 3.23 COMMITTEE REPORTS. Committees on making their reports, shall return the
petition, resolution or other paper containing the subject matter so referred to the Council.

SECTION 3.24 PAYMENTS AUTHORIZED BY COUNCIL.

No account or other demand against the City shall be allowed and directed to be paid, unless the same shall be examined and certified to be correct by the appropriate committee of the Council and reported to and audited by the Council.

SECTION 3.25 REPORTS AND RESOLUTIONS. All reports and resolutions shall be entered on
the minutes and filed with the City Administrator.

SECTION 3.26 QUESTION BEFORE THE COUNCIL. When a question is before the Council, no
motion shall be received unless to adjourn, lay on the table, move the previous question, to commit or to amend. Questions shall have precedence in the order in which they are submitted.

The Governing Body Amended 3/2008

SECTION 3.27 MOTION TO ADJOURN. A motion to adjourn shall always be in order, unless the
Council is engaged in voting, and shall be decided without debate.

SECTION 3.28 PREVIOUS QUESTIONS. The previous question shall be put in these words: "Shall
the main question be now put?" and it shall be submitted on demand of two members, and, until decided, shall preclude all further amendment or debate of the main questions, but shall not preclude pending amendments from being put before the main questions. SECTION 3.29 DIVISION OF QUESTION. Any member may call for a division of the question, when the same will admit thereof.

SECTION 3.30 ROLL CALL VOTE. The ayes and noes shall be taken and recorded upon any question
before the Council, upon the call of any member. The roll shall be called with the first member called to vote rotating in alphabetical order on each roll call vote. It shall not be in order for any member to explain his vote during the calling of ayes and noes.

SECTION 3.31 REFERRALS TO COMMITTEE. All petitions shall be presented by the presiding
officer and the contents after being briefly stated may be referred to a committee or acted upon immediately by the Council.

SECTION 3.32 SPECIAL STANDING COMMITTEE REPORTS. All reports of special


standing committees of the Council are required to be in writing.

SECTION 3.33 ORDINANCES AND RESOLUTIONS. Every ordinance or resolution in the nature
of an ordinance, shall be read at length when introduced. After such first reading every ordinance, or resolution in the nature of an ordinance, shall lay over until the next regular meeting of the Council, when it shall be read a second time, unless the Council shall suspend its rules by a two-thirds vote of its members and order a second reading thereof at the same meeting such ordinance, or resolution in the nature of an ordinance, was read the first time. On such second reading it shall be sufficient to have such ordinance, or resolution in the nature of an ordinance, read by title only, unless otherwise requested by some member of the Council. No by-law or ordinance shall contain more than one subject, which shall be clearly expressed in its title, and no ordinance or section thereof shall be revised or amended unless the new ordinance contains the title of the ordinance or section revised or amended.

SECTION 3.34 SECOND READING OF ORDINANCE. Upon the second reading of an ordinance,
or resolution in the nature of an ordinance, the presiding officer shall state it as ready for commitment to a committee or passage. If for commitment to a Committee, the question shall be whether to a standing committee or to a special committee.

SECTION 3.35 RECOMMITMENT OF ORDINANCE. An ordinance after commitment and


report thereof may be re-committed at any time previous to its final passage.

SECTION 3.36 RIGHT OF DISSENT. Any member shall have the liberty to dissent from, and protest
against, any ordinance, resolution or order of the Common Council which he may think injurious to the public or any individual and have the reason for his dissent entered into the journal.

SECTION 3.37 LEAVE OF ABSENCE FROM COUNCIL. No member is to leave the Council
without leave of absence, under penalty of Ten Dollars ($10.00) for each offense, to be imposed by a vote of the majority of the members of the Common Council.

The Governing Body Amended 3/2008

SECTION 3.38 COUNCIL VACANCIES. Vacancies in the office of Mayor or Alderperson shall be
filled by appointment by the Common Council and subject to those provisions of Chapter 17.23 Wisconsin Statutes.

SECTION 3.39 ROBERT'S RULES OF ORDER. In the absence of a standing rule of the Council,
the rules and orders of Robert's Rules of Order shall be followed.

SECTION 3.40 MEETING AGENDAS.


1. Agenda items for the Common Council shall be set by the Mayor or City Administrator. Agenda items for other city committees, boards, commissions, and authorities shall be set by the head of the respective committee or the City Administrator. During a meeting, a member may request that the chair or Mayor place an item on the next meeting agenda. In such a case, the Mayor or chair shall either grant the request or submit it to the body. If the request is approved by a majority, the item shall be placed on the next meeting agenda.

2.

SECTION 3.41 RECONSIDERATION OF VOTE. It shall be in order for any member who voted
with the prevailing side, or in the case of a tie vote one who voted with either side, to move a reconsideration of such vote, at the same or next succeeding regular meeting of the Council. A motion to reconsider having been put and lost shall not again be in order.

SECTION 3.42 MODIFY COUNCIL RULES. The assent of two-thirds of all the members of the
Council shall be required to alter or modify any of the foregoing rules.

SECTION 3.43 MAYOR SHALL VOTE IN TIE. In case of a tie vote on any ordinance, resolution,
motion or other matter or issue being considered by the Common Council, the Mayor shall vote to break the tie vote.

Public Finance Amended 03/08

CITY OF EDGERTON MUNICIPAL CODE CHAPTER 4 PUBLIC FINANCE


SECTION 4.01 PREPARATION OF TAX ROLL AND TAX RECEIPTS.
(1) AGGREGATE TAX STATED ON ROLL. Pursuant to ss.70.65(2), Wisconsin Statutes, the City Administrator/Clerk shall, in computing the tax roll, insert only the aggregate amount of State, County, local, school and other general property taxes minus credits applied under ss.79.10(9), Wisconsin Statutes, except credits determined under ss.79.10(7m), Wisconsin Statutes, in a single column in the roll opposite the parcel or tract of land against which the tax is levied, or, in the case of personal property, in a single column opposite the name of the person against whom the tax is levied. Each tax bill or receipt shall show the purpose for which the taxes are to be used giving the breakdown for State, County, local, school and other general property taxes. The tax roll shall indicate all corrections made under ss.70.43 and 70.44, Wisconsin Statutes. (2) TAX RECEIPTS. Pursuant to ss.74.19, Wisconsin Statutes, the City Administrator/Clerk shall enter in each tax receipt given by the County Clerk for the payment of taxes the name of the person paying the taxes, the date of payment and the aggregate amount of taxes paid. Tax receipts shall be signed, and a duplicate kept, by the City Administrator/Clerk after noting the payment of taxes upon the tax roll. The Administrator/Clerk shall then deliver the receipt to the appropriate person.

SECTION 4.02 DUPLICATE FINANCE DIRECTOR/TREASURER'S BOND ELIMINATED. The City elects not to give the bond on the Finance Director/Treasurer provided for by
ss.70.67(1), Wisconsin Statutes.

SECTION 4.03 CITY LIABLE FOR DEFAULT OF FINANCE DIRECTOR/ TREASURER. Pursuant to ss.70.67(2), Wisconsin Statutes, the City shall be obligated to pay, in case the
Finance Director/Treasurer shall fail to do so, all State and County taxes required by law to be paid by the Finance Director/Treasurer to the County Treasurer.

SECTION 4.04 CLAIMS AGAINST CITY.


(1) CLAIMS TO BE CERTIFIED. Prior to submission of any account, demand or claim to the Common Council for approval of payment, the Finance Director/Treasurer shall certify or cause to be endorsed thereon or on attached papers, that the following conditions have been complied with: (a) That funds are available pursuant to the budget. (b) That the item or service was duly authorized by the proper official or agency and has been received or rendered in accordance with the purchasing agreement. (c) That the claim is accurate in amount and a proper charge against the treasury. (2) COMMON COUNCIL TO AUDIT ACCOUNTS. No account or demand against the City, except as provided in subsection (3) of this section, shall be paid until it has been audited by the Common Council. Every such account shall be itemized and certified as provided in subsection (1). After auditing, the Common Council shall cause to be endorsed by the Finance Director/Treasurer, on each account, the words "allowed" or "disallowed", as the fact is, adding the amount allowed or specifying the items or parts of items disallowed. The minutes of the proceedings of the Council or a statement attached hereto shall show to whom and for what purpose every such account was allowed and the amount. (3) PAYMENT OF REGULAR WAGES OR SALARIES. Regular wages or salaries of city officers and employees shall be paid by payroll, verified by the proper city official, department head, board or commission, and filed with the Finance Director/ Treasurer in time for payment on the regular pay day.

Public Finance Amended 03/08

(4) METHOD OF INCURRING CLAIMS. All actions of the Common Council appropriating money or creating a charge against the City, other than claims for purchases or work previously authorized by the Council, shall only be acted upon at the next regular meeting after introduction, provided that this rule may be suspended by affirmative vote of 3/4 of all members of the Council. A roll call vote shall be taken and recorded on all appropriations.

SECTION 4.05 BUDGET.


(1) DEPARTMENTAL ESTIMATES. On or before the date designated by the City Administrator and Finance Director, each officer, department and committee shall file with the Finance Director an estimate in detail of the departments needs for the ensuing fiscal year. Such statements shall be presented in the form prescribed by the Finance Director and shall be designated as "departmental estimates" and shall be as nearly uniform as possible for the main divisions of all departments. (2) CITY ADMINISTRATOR TO PREPARE. (a) BUDGET TO INCLUDE. The City Administrator and Finance Director shall prepare and submit to the Council a proposed budget presenting a financial plan for conducting the affairs of the City for the ensuring calendar year. The budget shall include the following information: 1. The expense of conducting each department and activity of the City for the ensuing fiscal year and corresponding items for the current year and last preceding fiscal year, with reasons for increase and decrease recommended as compared with appropriations for the current year. 2. An itemization of all anticipated income of the City from sources other than general property taxes and bonds issued, with a comparative statement of the amounts received by the City from each of the same or similar sources for the last preceding and current fiscal year. 3. All existing indebtedness of the City, including the amount of interest payable and principal to be redeemed on any outstanding general obligation bonds of the City and any estimated deficiency in the sinking fund of any such bonds during the ensuing fiscal year. 4. An estimate of the amount of money to be raised from general property taxes which, with income from other sources, will be necessary to meet the proposed expenditures. 5. Such other information as may be required by the Council and by State law. (3) COPIES. The City shall provide a reasonable number of copies of the budget thus prepared for distribution to citizens. (4) HEARING. (a) The City Administrator shall submit to the Council at the time the annual budget is submitted, the draft of an appropriation resolution providing for the expenditures proposed for the ensuing fiscal year. Upon the submission of the proposed appropriation resolution to the Council, it shall be deemed to have been regularly introduced therein. (b) A summary of such budget and notice of the time and place where such budget and detail is available for public inspection and the time and place for holding a public hearing thereon shall be published as a Class 1 notice, under Wis. Stat. Chapter 985 in the official newspaper of the City at least fifteen (15) days prior to the time of such public hearing. (c) Not less than fifteen (15) days after the publication of the proposed budget and the notice of hearing thereon, a public hearing shall be held at the time and place stipulated, at which time any resident or taxpayer of the City shall have an opportunity to be heard on the proposed budget. The budget hearing may be adjourned from time to time. (d) After any alterations made pursuant to the public hearing, the Council shall adopt by a majority vote the amount of tax to be levied and the amounts of the appropriations and the purposes for such appropriations stated in the budget. Such vote shall constitute an appropriation of the items therein stated and the final budget for the ensuing year. (Ord. 02-18)

SECTION 4.06 TRANSFER OF APPROPRIATIONS. The City Budget Document is organized by


fund, function, activity, and object. Management may not overspend funds without a budget amendment approved by the Common Council at the function level for the General Fund and at the individual fund level for Special Revenue, Debt Service, and Capital Projects Funds. The following are the function categories in

Public Finance Amended 03/08

the General Fund: General Government, Public Safety, Public Works, Health and Human Services, Culture and Recreation, and Conservation and Development. The sub-categories within each function represent the activity level of expenditure. The detailed accounts within each activity represent the object level of expenditure. (1) Upon recommendation of the Finance Committee the Council may, at any time by a 2/3 vote of the entire membership, transfer any portion of an unencumbered balance of an appropriation to any other function. Notice of such transfer shall be published as a Class 1 notice, under Wis. Stat. Chapter 985 within 10 days thereafter in the official city newspaper pursuant to Wis. Stats. 65.90. (2) A department head may submit for approval by the City Administrator, a transfer of appropriations between activities under the department heads control. The City Administrator may approve such transfers provided the amount does not exceed $3,000 and it does not reestablish any position, program, or capital item which was specifically deleted from the budget by the Council. Transfer requests in excess of $3,000 or requests to establish a new program or capital item must be presented to the Finance Committee for recommendation to the Common Council. (Ord. 02-18)

SECTION 4.07 CITY FUNDS TO BE SPENT IN ACCORDANCE WITH APPROPRIATION. No money shall be drawn from the Treasury of the City, nor shall any obligation for the
expenditure of money be incurred, except in pursuance of the annual appropriation in the adopted budget or when changed as authorized by section 4.06 of this chapter. At the close of each fiscal year, any unencumbered balance of an appropriation shall revert to the general fund and shall be subject to reappropriation; but appropriations may be made by the Council, to be paid out of the income of the current year, in furtherance of improvements of other objects or works which will not be completed within such year and any such appropriation shall continue in force until the purpose for which it was made shall have been accomplished or abandoned.

SECTION 4.08 DESTRUCTION OF PUBLIC RECORDS. See section 2.06(7) of the Municipal
Code.

SECTION 4.09 FACSIMILE SIGNATURES.


(1) No order check for a municipal disbursement shall be valid unless signed or a facsimile signature is provided by the Mayor and City Administrator/Clerk. (2) The City depositories are prohibited from accepting and paying checks unless so signed, nor shall they receive credit therefor in any settlement with the City unless so executed; provided the adoption and use of facsimile signatures for the Mayor and City Administrator/Clerk is hereby approved.

SECTION 4.10 ALTERNATIVE SPECIAL ASSESSMENT PROCEDURE.


(1) ALTERNATIVE PROCEDURE. In addition to other methods provided by law, special assessments for any public work or improvement or any current service may be levied in accordance with the provisions of this section and Section 4.11. (2) AMOUNTS, INSTALLMENT PAYMENTS, INTEREST, AND TERMS. Whenever the Common Council shall determine that any public work or improvement or any current service shall be financed in whole or in part by special assessments levied under this chapter, it shall adopt a resolution setting forth such intention and the time, either before or after completion of the work or improvement, when the amount of such assessments shall be determined and levied, the number of annual installments, if any, in which such assessments may be paid, the rate of interest to be charged on the unpaid balance and the terms of which any of such assessments may be deferred while no use of the improvement is made in connection with the property. (3) SECTION 66.60, WISCONSIN STATUTES, APPLIES. The provisions of Section 66.60 of the Wisconsin Statutes shall apply to special assessments levied under this section except that when the Common Council determines by resolution as provided in subsection (2) that the hearing on such assessments shall be held subsequent to the completion of the work or improvement or the rendition of the

Public Finance Amended 03/08

service, the report required by Section 66.60(3) shall contain a statement of the final cost of the work, service or improvement in lieu of an estimate of such cost. (4) NOTICE OF PUBLIC HEARING. Notice of the time and place of the public hearing on any special assessment proposed to be levied and notice of the final assessment and terms of payment thereof shall be given by mail to every person whose property is affected by such assessment and whose mailing address can be determined with reasonable diligence. (5) LIEN. Any special assessment levied under this section shall be a lien against the property assessed from the date of the final resolution of the Common Council determining the amount of such levy. (6) APPEALS. The provisions of Section 66.60(12) relating to appeal shall apply to any special assessment levied under this section.

SECTION 4.11 SPECIAL ASSESSMENT.


(1) PURPOSE. The purpose of this Chapter is to provide payment for the construction, reconstruction, improvement and preservation of the sidewalks, driveway approaches, streets, curbs, gutters, sewer and water mains in the City by the levy of Special Assessments therefor upon various classes of real estate, in a fair and equitable manner, through the application of a variety of formulas. All such levies shall be grounded in the exercise of the police powers of the City. No levies shall be grounded in the Special Assessment district concept, such as described in Section 66.079, Wisconsin Statutes. (2) SPECIAL ASSESSMENT PROCEDURES. Pursuant to Section 66.62 of the Wisconsin Statutes, the City adopts and makes part of this Chapter by reference and incorporates the procedures for levying Special Assessments as contained in Section 66.60 of the Wisconsin Statutes with the exception that paragraphs (8)(c), (8)(d), and (8)(e) of Section 66.60 are modified as follows: (8)(c) When the governing body decides to proceed with construction, it shall approve the plans and specifications therefor and adopt a resolution directing that such work or improvements are carried out according to the report as finally approved. (8)(d) The City of Edgerton may adopt the final resolution to levy the Special Assessments either (1) before the work is begun or (2) after the work is completed and actual project costs have been determined. The final resolution shall list the cost of the Special Assessment levied against each property benefitted by the improvement. The City Administrator shall publish the final resolution as a Class 1 Notice, under Ch. 985, in the assessment district and a copy of such resolution shall be mailed to every interested person whose post office address is known, or can be ascertained with reasonable diligence. (8)(e) When the final resolution is published, all awards, compensations and assessments arising therefrom are deemed legally authorized and made, subject to the right of appeal under Section 66.62 of the Wisconsin Statutes. (3) ASSESSMENT FORMULA - GENERAL. (a) The assessment shall be made on the adjusted front footage formula. In such formula, odd-shaped lots and cull-de-sac lots are adjusted to an average frontage equivalent to the frontage of a rectangularly shaped lot of the same depth. The adjusted front footage method considers the depth and shape, and frontage, on the street improved. The following plat example illustrates how the method is used in practice.

Public Finance Amended 03/08

Lot A Corner lot - Assessable footage equals the longest frontage of the property plus one-half of the shorter frontage. Lot B 80 feet by 120 Feet Adjusted front footage 80.00 feet. Lot C 60 feet by 120 Feet Adjusted front footage 60.00 Lot D 60 feet by 120 Feet Adjusted front footage 60.00 Lot E 6600 sq. Feet Adjusted front footage 55.00; 120 feet Lot F 5400 sq. Feet Adjusted front footage 45.00; 120 feet Lot G 4600 sq. Feet Adjusted front footage 38.33; 1200 feet Lot H 8000 sq. Feet Adjusted front footage 66.66; 120 feet (Square footage amounts for Lots G and H are estimates) (b) In the adjusted front footage formula in subsection (a), the lot depth figure of one hundred twenty feet has been used in the calculations. The figure of one hundred twenty feet has been used in the calculations. The figure of one hundred twenty feet is the average depth of lots in the City. However, in applying this formula to a specific block, the actual denominator used in the formula shall be the apparent, general lot depth of the block in which the lot is situated or one hundred twenty feet, whichever is less. Such apparent lot depth shall be decided by the Public Works Committee and included in the schedule of the proposed assessments required by Section 66.60, Wisconsin Statutes, subject to the usual control of the Common Council, set forth in the cited section of the statutes. (4) APPLYING THE ADJUSTED FRONT FOOTAGE FORMULA. One hundred twenty feet will be used throughout this section as the denominator for purposes of explaining the application of the formula. (a) Odd-shaped Lots. For odd-shaped lots, such as found on cull-de-sacs or trianglur intersections, etc., the adjusted front footage is computed by dividing the area of the lot, up to a maximum distance of one hundred twenty feet from the street where the improvement is to be installed, by one hundred twenty feet. (b) Approximately Rectangular Lots. For a lot that is approximately rectangular, the adjusted front footage is computed by averaging the front and back sides of the lot. If the lot is deeper than one hundred twenty feet, the width at the one-hundred twenty-foot depth is used for the back lot line. This method is limited to where the divergence between the front and rear lot lines is five feet or less. (c) Rectangular Lots. For all normal rectangular lot, the adjusted front footage is the actual front footage of the lot, using the one-hundred-twenty-foot denominator. (d) Shallow Lots. For rectangular lots under one hundred twenty feet in depth, the adjusted front footage is determined by dividing the actual lot area by one hundred twenty feet. (e) Neck Lots. For lots that have a small frontage on a street, with a narrow strip running back one hundred twenty feet more or less, an adjusted front footage is determined by dividing the actual lot area by one hundred twenty feet. (f) Corner Lots. Corner lot assessment is an exception to the rule. The assessable footage for corner lots shall be pursuant Section (3)(a) of this Chapter. In those areas where the property lines of a corner lot meet with an arc rather than at a point, the frontage shall be computed as one-half the area measurement plus the measurement of the improved side. (g) Double Frontage Lots. (See Lot B in chart) A double frontage lot assessment is an exception to the rule. Its assessment shall be fore the first side served. The assessment shall be computed on the adjusted front foot method that conforms to the shape and size of the lot, except that if the lot is capable of division on a line roughly parallel to either of the abutting streets, into two or more lots upon which tow or more principal buildings could be erected according to the regulations of the Zoning District in which the lot is located, the assessment shall then be for both sides when served and at the adjusted front foot formula as conforms to the size and shape of the Resulting "lot(s)." Any variance that may be granted by the Zoning Board of Appeals will be excluded from consideration in calculating lot division for purposes of assessment under this section. (5) DETERMINATION OF ASSESSMENT COST FOR NEW STREET CONSTRUCTION.

Public Finance Amended 03/08

(a) The assessment for the initial installation of street, curb, gutter and pavement construction (see elsewhere in this code for repair, reconstruction, replacement or widening assessment methods) shall be computed by multiplying the adjusted front footage, as provided in subsection (3)(a) of this Chapter, by the base charge per foot, as provided in subsection (b) of this section, as established from time to time by the Common Council. Said assessment shall apply to residential, business and industrial property. (b) Corner lots shall be assessed pursuant subsection (3)(a) and subsection (3)(b) of this Chapter.

(c) Annual Review-Cost Per Foot. Each year, before introduction of the resolution authorizing letting of bids on public construction under this Chapter, the Public Works Committee shall establish a flat fee per foot to be levied pursuant to subsection (3)(a) and subsection (3)(b). In no case may such flat fee exceed the maximum cost of construction allowed under Section 66.60, Wisconsin Statutes. (6) REPAIR AND RECONSTRUCTION OF EXISTING IMPROVED STREETS. (a) Residential, Business and Industrial Assessment. The cost for street reconstruction shall be paid 100% by the City on all streets previously specially assessed when initially constructed. Funds shall be appropriated from taxes levied on all City properties. (7) DRIVE APPROACH CONSTRUCTION. (a) Residential, Business and Industrial Drive Approaches. Driveway approaches being constructed or reconstructed must meet the grade and construction requirements set forth by the Public Works Director and/or the City Engineer. (b) New construction and reconstruction of drive approaches will be paid 100% by the property owner. (i) The work will be done totally by the contractor awarded the contract by the City if the drive approach is being constructed along with roadwork initiated by the City. The cost of the approach will be assessed to the property owner. (ii) The work can be contracted by the property owner as long as the City does not have plans for street repairs that would affect the drive approach. In either case the property owner is responsible for 100% of the costs of the approach. (iii) When work is to be done on a drive approach and it involves the sidewalk area of the approach, the property owner is responsible for 100% of the sidewalk work abutting the approach. (8) SIDEWALKS-NEW CONSTRUCTION AND RECONSTRUCTION. (a) Except as provided in Section 4.11(g) below, the City does not require sidewalks on all paralleling city streets unless, the Common Council deems necessary a sidewalk for public safety and/or public convenience. All sidewalks constructed or reconstructed within the City limits must meet the grade and construction requirements set forth by the Public Works Director and City Engineer. (b) Sidewalks currently existing in the City shall not be permitted to be removed by the abutting property owner. (c) The cost of reconstruction of City sidewalks will be paid for by the person whose property abuts an existing sidewalk with the following exceptions: (i) The cost of repairing sidewalks along the frontage of the streets listed below shall be divided evenly between the City and the property owner if the sidewalk is wider than 6 feet. Fulton Street (north side) between Catlin Street and Albion Street; Fulton Street (south side) between Catlin Street and 2 Burdick Street including 2 Burdick Street; Burdick Street at 2 Burdick Street; Main Street (west side) between Canal Street and 202 South Main Street including 202 South Main Street; Main Street (east side) between Rollin Street and West Lawton Street; Canal Street (south side) lot six, block 11 of Swifts Addition; Henry Street (east side) between West Fulton Street and Canal Street, and 115 and 121 Henry Street; Henry Street (west side) between West Fulton Street and 114 Henry Street; Swift Street (east side) between West Fulton Street and 16 Swift Street. (d) The repair of sidewalks will be determined by the Public Works Director. (Ord. 97-12) The following guidelines can be used to determine if a sidewalk should be repaired:

Public Finance Amended 03/08

(i) The elevation of adjoining sidewalks or cracks is equal to or greater than one inch in height. (ii) Sidewalk cracks are equal to or greater than 1/2 inch in width. (iii) A depression with a sidewalk square is 1/2 inch or greater. (iv) Spalling has occurred which has created a depression greater than 1/2 inch. Spalling is defined as chipped or splintered condition of a sidewalk square. (v) A noticeable change or distortion in the constant grade has occurred. (vi) There has been temporary sidewalk repair. (e) Sidewalk width shall be four (4) feet throughout the City. (f) Sidewalks in business districts shall be from the building of the business to the curb. (g) New sidewalk construction on streets undergoing repairs. If a street is approved for reconstruction, new sidewalk shall be installed on all properties that do not have sidewalk at the time of street reconstruction. Reconstruction is defined as a project in which more than 50% of the curb is being replaced or curb will be installed on more than 50% of the street frontage. In cases where no curb exists, sidewalk shall be installed where the street surface is being removed or replaced. Reconstruction does not include street sealing, patching or overlaying the existing surface. The Council may make an exception to this requirement for those properties that have significant physical restrictions. Physical restrictions include but are not limited to: steep slopes where very large retaining walls would be required or significant grading would be required out of the right-ofway; lots that have a public street in the front and rear of the property that already have sidewalk on the front side (such as a lot described in Section 4.11(b)); streets with mature trees that would clearly be damaged by sidewalk construction; or streets that do not have available right-of-way. The Common Council will make the determination if there is a physical restriction. (9) DETERMINATION OF ASSESSMENT COST FOR STREET RECONSTRUCTION ON STREETS NOT PREVIOUSLY ASSESSED. (a) Assessment Of Residential, Business and Industrial Properties. The assessment for street reconstruction shall be computed by multiplying the adjusted from footage, as determined in subsections (3)(a) and (3)(b) in this Chapter, by the base charge per foot for new construction as provided in Section (5) in this Chapter. (10) DETERMINATION OF ASSESSMENT COST FOR SANITARY SEWER, LIFT STATION, WATER MAIN CONSTRUCTION AND BOOSTER STATIONS. (a) General Method of Determining Cost for Sanitary Sewer and Water Main Construction. The amount to be levied against an abutting property shall be determined by multiplying the adjusted front footage pursuant to subsection (3)(a) and (3)(b) of this Chapter. Said levy shall apply to the individual parcel abutting the street or right-of-way to be improved or so improved by the assessable cost per foot, which is determined by dividing the total cost of the project for the blocks, block, or part thereof by the total number of feet of assessable frontage on both sides of the street. (i) The total cost of the project may include, but shall not be limited to all construction and excavation costs; including rock removal and supplementary bedding; dewatering costs; and survey, inspection and engineering costs if applicable and so authorized. (b) Exceptions. (i) Cost Based on Eight-Inch Mains. Assessments for sanitary sewer and water mail construction shall be based upon the cost of installation of eight -inch mains, notwithstanding larger pipe actually installed. (ii) Corner Lots. The assessable frontage shall be determined by the average of the frontage of both the long and short sides. (iii) Unplatted Areas. The Public Works Committee and Utilities Commission, shall apply the appropriate general guidelines of the adjusted front footage formulas of subsections (3)(a) and (3)(b) and this Chapter. (c) Lift Stations. Lift stations may be fully or partially assessed to the properties of the area that they serve. The assessments shall be levied in districts served by lift stations and are based on present and future capital, operational and maintenance costs as recommended by the City's Utility Commission.

Public Finance Amended 03/08

(d) Booster Stations. Booster stations may be fully or partially assessed to the properties of the area that they serve. Booster stations may be assessed by the area method. The assessments shall be levied in districts served by booster stations and are based on present and future capital, operational and maintenance costs as recommended by the City's Utility Commission. (11) TERRITORY IMPROVEMENT CHARGE. (a) Customer-financed Improvements: Where the Common Council is unwilling to make a special assessment, improvements shall be made on a customer-financed basis. The City must approve the type, size, and location of public works or improvements to be installed by this method in accordance with the City of Edgerton Code of General Ordinances. (b) Sizing of Improvements: It is the policy of the City that improvements are sized to accommodate the ultimate development of a watershed or entire area in the service network. Some of the improvements made by the customer who financed the infrastructure, referred to as the Original Customer, may benefit other property owners, referred to as New Customers. It is also the policy of the City that the Original Customer design and pay for the improvements to accommodate the development of the water shed area. Under some unusual circumstances however, such as the installation of a regional stormwater basin, the City may consider requiring New Customers pay the Original Customer for a portion of the cost of the improvements. (c) New Customers and Refund The Common Council may agree, through an approved written agreement with the Original Customer, to require a contribution from each New Customer equal to that which could have been assessed under a special assessment. The development period during which refunds shall be made shall be limited to 20 years. (d) Limit of Improvement. When an improvement beyond an existing improvement is required to serve a New Customer, the new improvement shall be considered as an entirely new project. (12) SERVICE LATERALS REQUIRED. (a) Prior to the improvement of city street by the installation of curb, gutter, pavement or other permanent surfacing, utility laterals and service pipes shall be laid from the mains or utility tunnels to the abutting property. Where the work is done by City forces or by public contract let by the City, the cost of such installation shall be borne one hundred percent by the property served. Extended time for payment, if any, shall be the same as for the street improvement. The City shall follow the procedures of Section 66.60, Wisconsin Statutes, as to notice, plans, estimates and levies for special assessment for the work. (13) ASSESSMENT PAID BY INSTALLMENTS. (a) Special assessment of the improvements provided for in this chapter may be paid over a period of five years following the year of installation. (b) Special assessments for the improvements provided for in this chapter may be paid over a period in excesses of five years only in those instances where the Common Council finds it to be in the public interest to construct a project and impose special assessments for the improvement upon real estate whose present or foreseeable use in the immediate future is to directly related or depended upon the improvements. (14) ASSESSMENT PRIOR TO ANNEXATION. (a) As a condition of annexation, and prior to action by the City Council on any proposed annexation ordinance, a tender must be made to the City for unremunerated improvements made by the City from which benefits have accrued to the property petitioned or would have been received by such property but for the fact that said land was outside of the City when the improvements were made. (b) Such tender must be made in cash, agreed to on an installment basis in accordance with City policies in effect at the time of such request for annexation, or, at the City's prerogative, an agreement may be entered into providing for payment. (c) The benefits which must be paid are those which could have been assessed on a special assessment basis, whether under the police power or under the special benefit procedures had the area to be

Public Finance Amended 03/08

considered for annexation been in the City at the time the improvements were made, and include but are not limited to new street construction, curb and gutter, sanitary sewer, water main, and any other improvements. (d) Should the annexation ordinance fail, said tender shall be returned to the petitioner unless the improvements the improvements are already benefiting the property, in which case the tender shall be retained and enforced by the City. (Ord. 18-94)

SECTION 4.12 RESERVE POLICY.


The establishment of a formal policy governing the purpose and acceptable parameters of fund balance levels is an effective contribution to the financial management practices of a municipality. A formally adopted policy shall help eliminate any ambiguity regarding what constitutes an appropriate purpose for maintaining available fund balances. (1) The City shall establish an emergency reserve to pay for needs caused by unforeseen emergencies. This reserve shall be maintained at five percent (5%) of the general operating fund revenues. (2) The City shall establish a contingency reserve to provide for unanticipated expenditures of a nonrecurring nature, or to meet unexpected small increases in service delivery costs. This reserve shall be maintained at one half of one percent (.5%) of the general operating fund. (3) The City shall establish a capital reserve fund and shall appropriate funds to it annually to provide for timely replacement of equipment and other capital projects. The amount in the reserve shall be maintained at $100,000.00. This amount shall be reviewed on an annual basis to determine its ongoing adequacy, and if deemed necessary modified accordingly by resolution of the Common Council. (4) The City shall establish a working-capital reserve to provide sufficient working cash balances. This shall eliminate the need for any short-term borrowing which may be necessitated by any timing lapse between receipt of short-term receivables and remittance of short-term payables. This reserve shall be maintained at an amount equivalent to at least ten percent (10%) of the general operating fund revenues. (5) Interfund transfers to cover shortfalls should not be a standard policy. If Interfund transfers prove necessary after implementation of the above reserves, each reserve amount as stated above should be adjusted in subsequent years to eliminate the need therefore. (6) If shall be the responsibility of the Finance Director/Treasurer to monitor aforementioned reserve balances on a monthly basis and report to the Council material deviations therefrom. (a) To maintain the above fund balances, the City shall: (i) Eliminate the budgeted use of fund balance if said use would reduce fund balance below policy minimums. (ii) Apply remaining unexpended general fund resources at the end of each fiscal year to add to the cash portion of the reserves if necessary to meet policy minimums. (iii) Encourage using a portion of the tax levy generated by equalized valuation which may be higher than used for budget development to add to the cash portion of the reserves if necessary to meet policy minimums.

SECTION 4.13 DEBT POLICY. In the absence of sound debt issuance and management policies, it is
very difficult for public officials to accurately evaluate the long-term consequences of funding decisions. The consistent application of carefully developed debt management policies shall benefit the City in a number of areas. Foremost among these benefits is enhanced credit quality and improved access to the credit markets - resulting in the City's ability to incur debt at favorable interest rates in the amounts necessary to fulfill its obligations and prescribed responsibilities. (1) The City shall confine long-term borrowing to projects as defined in Wis. Stats. 67.04. (2) When the City finances capital projects by issuing bonds or notes, it should strive to pay back the bonds and notes within a period not to exceed the expected useful life of the project. Maximum term for equipment should be 5 years. Maximum term for remodeling should be 10 years. Maximum term for streets, sewers and other improvements to land should be 15 years. Maximum term for acquisition of land in new building construction should be no more than 20 years. (3) In accordance with Article XI, Section 3 of the Wisconsin Constitution and Section 67.07 of the Wisconsin Statutes, the city shall keep the MAXIMUM maturity of general obligation bonds at or below

Public Finance Amended 03/08

(4)

(5)

(6)

(7) (8) (9)

the legally defined limit of 20 years. The City shall structure debt issues to insure timely payback of principal. Principal retirement shall strive to keep annual principal and interest payments for each issue either level or decreasing. The City should strive to keep the AVERAGE maturity of any general obligation bond issue to not exceed 14 years. The City's goal shall be to maintain total annual debt service at a maximum level of 25% of total annual general operating revenue. Total annual debt service for general obligation debt shall in no case exceed 50% of total annual generated operating revenue per current legally defined limits. Total general obligation debt shall not exceed five percent (5%) of the equalized value pursuant to Article XI, Section 3 of the Wisconsin Constitution and Section 67.03(1) of the Wisconsin Statutes. The City shall strive to maintain a level of general obligation debt equivalent to not more than 75% of its legal limit as defined above. Where possible, the City shall strive to use special assessment bonds pursuant to Section 66.54 of the Wisconsin Statutes, or revenue obligations pursuant to Section 66.06 of the Wisconsin Statutes, or other self-supporting bonds instead of general obligations pursuant to Section 67 of the Wisconsin Statutes to more equitably distribute the costs of services to the benefactors thereof. The City shall not use long-term debt for current operations. The City shall retire any tax anticipation debt annually pursuant to Section 67.12(1)(a) of the Wis. Statutes. The City shall maintain good communications with bond rating agencies about its financial condition. The City shall follow a policy of full disclosure on every financial report and bond prospectus and respond to any reasonable request by financial advisors and/or underwriters for ongoing disclosure to fully comply with SEC 15(c)2-12 disclosure rule or any future federal or state disclosure regulations.

SECTION 4.14 REVENUE POLICY.


The City shall maintain a minimum level of taxation which shall allow for the responsible execution of its prescribed mission to operate the city in a cost efficient and responsible manner. The City shall actively manage its property tax millage rate to eliminate unnecessary annual fluctuations. Wherever possible the City shall seek to match its sources of revenue with specific benefactors of associated services. (1) The city shall try to maintain a diversified and stable revenue system to shelter it from short-run fluctuations in any one revenue source. (2) The city shall estimate its annual revenues by an objective, analytical process. (3) The city shall project revenues for the next five years and shall update this projection annually. Each existing and potential revenue source shall be re-examined annually. (4) The city shall maintain sound appraisal procedures to keep property values current. Reassessments shall be made of all property at least every four (4) years to insure compliance with applicable law. During each reassessment, the City shall strive to assess property as near as possible to one hundred percent (100%) of full market value. (5) The year-to-year increase of actual revenue from the property tax for general operations shall generally not exceed the inflation factor percent. (6) The city shall establish all user charges and fees for enterprise fund accounts at a level related to the cost of providing the services and maintenance of acceptable level of return to utility base. (7) Intergovernmental grants shall generally not exceed fifteen percent (15%) of the current operating budget. (8) The amount of funds necessary to match intergovernmental grants shall generally not exceed seven and one-half percent (7.5%) of current operating budget.

SECTION 4.15 INVESTMENT POLICY.


It is hereby recognized that the implementation of all investment policy statements stipulated herein shall be within the parameters of permitted legal investments under Section 66.04(2) of the Wisconsin Statutes and governed by the following hierarchial criteria listed in order of relative priority: 1. Safety of principal of investment 2. Liquidity of investment without penalty 3. Yield of investment

10

Public Finance Amended 03/08

(1) The City shall make a cash-flow analysis of all funds on a regular basis. Disbursement, collection and deposit of all funds shall be scheduled to insure maximum cash availability. (2) When permitted by law, the city shall pool cash from several different funds for investment purposes. (3) The City shall invest at least 95% of its idle cash on a continuous basis. (4) The City shall analyze market conditions and investment securities daily to determine what yield can be obtained. (5) The City shall obtain the best possible return of all cash investments. (6) The accounting system shall provide regular information concerning cash position and investment performance.

SECTION 4.16 ACCOUNTING, AUDITING AND FINANCIAL REPORTING POLICY.


The City recognizes the need for fair, consistent and understandable financial reporting, so that: 1) City residents shall be kept accurately apprised of their government's operations, 2) Government officials shall have necessary information to utilize for comparative analysis during the financial decision making process, and 3) Outside entities, e.g. banks, underwriters, credit agencies, etc., shall have requisite information to facilitate any necessary debt issuance. (1) The city shall establish and maintain a high standard of accounting practices. (2) The accounting system shall maintain records on a basis consistent with accepted standards for local government accounting and generally accepted accounting principles "GAAP", including proper accounting for fixed assets. (3) Regular monthly and annual financial reports shall present a summary of financial activity by major types of funds. (4) Where possible, the reporting system shall also provide monthly information on the total cost of specific services by type of expenditure and if necessary, by fund. This report shall include a comparison to last years expenditures. (5) An independent public accounting firm shall perform any annual audit and shall publicly issue a financial opinion. (6) Remedial actions necessary to eliminate any exceptions or qualifications referenced in auditor's opinion statement shall be taken immediately upon notification thereof.

SECTION 4.17 CAPITAL IMPROVEMENT BUDGET POLICY. A properly drafted capital


improvement plan insures that today's needs are considered in light of tomorrow's expectations. It is of paramount importance that decisions involving large outlays of public funds be made within the confines of a long-term planning horizon. This is exceptionally critical for projects whose useful life shall typically outlast the tenure of today's decision makers. (1) The City shall make all capital improvements in accordance with an adopted capital improvement program. (2) The City shall develop a five (5) year plan for capital improvements and update it annually. (3) The City shall enact an annual capital budget based on the multi-year capital improvement plan. Future capital expenditures necessitated by changes in population, changes in real estate development, or changes in economic base shall be calculated and included in capital budget projections. (4) The City shall coordinate development of the capital improvement budget with development of the operating budget. future operating costs associated with new capital improvement shall be projected and included in operating budget forecasts. (5) The City shall use intergovernmental assistance to finance only those capital improvements that are consistent with the capital improvement plan and city priorities, and whose operating and maintenance costs have been included in operating budget forecasts. (6) The City shall maintain all its assets at a level adequate to protect the city's capital investment and to minimize future maintenance and replacement costs. (7) The City shall project its equipment replacement and maintenance needs for the next five (5) years and shall update this projection each year. From this projection a maintenance and replacement schedule shall be developed and followed.

11

Public Finance Amended 03/08

(8) The City shall identify the estimated costs and potential funding sources for each capital project proposal before it is submitted to Council for approval. (9) The City shall utilize the least costly financing method for all new projects after taking into consideration the appropriate form of debt as outlined in the Debt Policy statements, e.g., general obligation, revenue, etc. (10) The Finance Director/Treasurer shall be responsible for maintaining all fixed assets records to be included in the "General Fixed Asset Account Group". (11) It shall be the ultimate responsibility of the Council to review all potential capital projects and determine final prioritization of needs and subsequent inclusion or elimination of each project from capital improvement plan.

SECTION 4.18 PURCHASING POLICY.


The objectives of the purchasing policy are: 1) to ensure purchases are authorized by the designated responsible party as specified in Sections 4.18 (5)-(10), 2) to procure quality goods and services at a competitive price, and 3) to obtain and pay for purchases in a timely fashion. The purchasing policy shall be followed by any City department or utility which is funded in whole or in part by the taxpayers or ratepayers. The intentional staggering or dividing of purchases and/or contracts to evade the purchasing policy is strictly prohibited. All costs associated with an item such as shipping charges, assembly, and equipment additions shall be included in the estimated cost of an item. For the purposes of the purchasing policy, budgeted items are considered to be routine operating purchases of goods and services and non-routine, capital items specifically identified in the current budget document. (1) RESPONSIBILITY OF FINANCE DIRECTOR/TREASURER. (a) Ensure funds are available for purchases pursuant to the budget. (b) Ensure the demand or account is accurate in amount and a proper charge against the treasury. (c) Ensure the goods or services were duly authorized by the designated responsible party and have been received or rendered to the satisfaction of the City (2) FINANCE COMMITTEE. . No account or demand against the City, except as provided for in Chapter 3 of the Municipal Code shall be paid until it has been audited. (3) PAYMENT OF REGULAR WAGES OR SALARIES AND APPROVED CITY CONTRACTS. Regular wages or salaries of City officers and employees shall be paid by payroll, verified by the Finance Director/Treasurer and Department Head. City contracts shall be paid in a timely fashion as spelled out in the contract once approved by the Common Council. (4) PURCHASES OF BUDGETED ITEMS OF $1,000.00 OR LESS. If the estimated price of an item is $1,000.00 or less and is budgeted, the appropriate department head is authorized to purchase said item . If the item is over $500.00, the department head shall make every effort to obtain three quotes for the item. The quotes shall be presented to the Finance Director/Treasurer for approval prior to ordering the item. Whenever it is in the best interest of the City, the purchase shall be made based on the lowest quote. If the purchase is not made based on the lowest quote, documentation must be maintained on file to support the decision to purchase from a vendor other than the lowest quote. (5) PURCHASES OF BUDGETED ITEMS MORE THAN $1,000.00 AND LESS THAN $5,000.00. For the purchase of a budgeted item involving an estimated expenditure more than $1,000.00 and less than $5,000.00, the appropriate department head must make every effort to solicit enough quotes in order to receive at least three. The quotes shall be presented to the City Administrator for approval prior to ordering the item. Whenever it is in the best interest of the City, the purchase shall be made based on the lowest quote.. If the purchase is not made from based on the lowest quote, the purchase must be presented for approval to the Finance Committee and Common Council. (6) PURCHASES OF NON-BUDGETED ITEMS OR SERVICES OVER $500.00. If the price of an item is over $500.00 and the item is not included in the current budget and is not a routine operating expenditure, the appropriate department head must make every effort to solicit enough quotes in order to receive at least three. The quotes must be presented for approval to the Finance Committee and Common Council. (7) EMERGENCY PURCHASES OF NON-BUDGETED ITEMS OVER $500.00. Emergency purchases shall only be made 1) to prevent delays in construction or delivery of service or 2) to stay an immediate

12

Public Finance Amended 03/08

threat to the health or safety of the public and employees. For emergency purchases of non-budgeted items or services with an estimated cost over $500.00, the appropriate department head shall make every effort to obtain three quotes for the item. The purchase shall be approved by the City Administrator prior to ordering the item. In the City Administrators absence, the purchase shall be approved by the Finance Director/Treasurer prior to ordering the item. (8) PURCHASES OF $5,000 OR MORE NOT COVERED BY SECTION 62.15 WISCONSIN STATUTES. Every effort must be made to send out enough bids or quotation requests in order to receive a minimum of three in order that the proper Council Committee and/or Finance Committee can make a recommendation to Council. Appropriate notices shall be published, plans and specifications shall be distributed, and bids or quotations shall be opened and examined and a report shall be made to the appropriate Council Committee concerning the bids or quotations received. The report shall contain a recommendation concerning the bid or quotation to be accepted or rejected. If a bid or quotation other than the lowest bid or quotation is recommended, the report shall state the reasons for such recommendation which shall be forwarded to Finance Committee for their disposition. Any project receiving only one bid shall be rebid unless it is approved by a three-fourths (3/4) vote of the Council. The City has the right to reject any and all quotes and/or bids. (9) PUBLIC CONSTRUCTION OF $5,000 BUT NOT MORE THAN $25,000. All public construction, as defined in Section 62.15 and 66.0901 Wisconsin Statutes, the estimated cost of which exceeds $5,000 but is not greater than $25,000, shall be let to the contractor submitting the lowest responsible quote, provided however, that there shall be a Class 1 notice, under Chapter 985, Wisconsin Statutes, of the proposed construction before the contract for the construction is executed. The Council may also, by a vote of three-fourths of all the members, authorize that any public construction be done directly by the City without submitting the same for bids. Any project receiving only one bid shall be rebid unless it is approved by a three-fourths vote of the Council. The City has the right to reject any and all quotes and/or bids. (10) PUBLIC CONSTRUCTION OVER $25,000. All public construction in which the estimated cost exceeds $25,000 shall be let by contract to the lowest responsible bidders. The bidding process shall incorporate the requirements in Section 62.15 and 66.0901 Wisconsin Statutes. Any project receiving only one bid shall be rebid unless it is approved by a three-fourths vote of the Council. the City has the right to reject any and all quotes and/or bids. (Ord. 01-08) (11) CHANGE ORDERS ON PUBLIC CONSTRUCTION CONTRACTS. Whenever it is reasonably possible, a proposed increase in the cost of a public construction contract resulting from a change in the scope of the project shall be presented to the Finance Committee and Common Council for approval provided that it will not result in a costly delay to the construction project. If the cost of delaying the project is prohibitive, change orders which are a result of a change in the scope of the project shall be approved by the appropriate department head and the City Administrator. All change orders must be approved by the Finance Committee and Common Council prior to final payment on the contract. (Ord. 02-08)

SECTION 4.19 CONTRACTED PROFESSIONAL SERVICES.


(1) DEFINITION. Contracted professional services shall mean all professional services not otherwise provided by the City of Edgerton staff. Such professional services include but are not limited to the following: (a) Assessor, City Attorney, Auditor, Financial Consultants, Engineer, cleaning services, and recyclable and garbage collection services. (2) EVALUATION OF SERVICES. The City shall annually review the performance of all providers of professional services. At anytime, a majority of the Common Council may choose to request proposals following the selection process in 4.19(3). (3) SELECTION PROCESS. (a) Request for Proposals (RFP) shall be submitted to a sufficient number of entities providing the required professional services, so that the Finance Committee and/or Committees of jurisdiction, may interview three professionals providing the required services.

13

Public Finance Amended 03/08

(b) RFPs shall at least require the submission of references, background of staff and company history. Additional requirements may be required by the City Administrator/Clerk or Finance Director/Treasurer. (c) Committees of jurisdiction shall make a selection and make a recommendation to the Mayor. Appointment shall be made as provided in Section 2.03 of the Code of Ordinances. (4) TERM OF CONTRACT. A one year probationary provision shall be incorporated into all contracts with new providers. (5) CONTRACTS IN WRITING. All services provided should be under written contract. An accepted proposal signed by both parties is acceptable in lieu of a written contract. (Ord. 98-5)

SECTION 4.20 BINDING REFERENDUM WHEN A CITY PURCHASE FOR BUILDING OR EQUIPMENT EXCEEDS 7 PERCENT OF THE GENERAL FUND OPERATING BUDGET.
(1) Prior to the approval of any legal expenditure for buildings or equipment that exceeds 7 percent of the current General Fund operating budget for the City of Edgerton, excluding sewer and water utility, an expenditure must be submitted to the electors of the City of Edgerton in a special binding referendum. (2) The referendum procedures shall be as set forth in Wis. Stat. 67.05(3). (3) That contrary provisions of any of the Ordinances of the Code of Municipal Ordinances shall be and hereby are repealed. (4) This is a Charter Ordinance and shall take effect after its passage and publication as it was approved by a majority of the electors voting thereon at a binding referendum vote held by the City of Edgerton on March 19, 1996. (Ord. 96-12)

SECTION 4.21 IMPACT FEES


This ordinance shall be known and may be cited as the CITY OF EDGERTON IMPACT FEE ORDINANCE. (1) INTRODUCTION AND PURPOSE Pursuant to the authority of Section 66.0617, Wisconsin Statutes, the local impact fees enabling legislation, the purpose of this ordinance is to establish the mechanism for the imposition of impact fees upon new development to finance the capital costs of acquiring, establishing, upgrading, expanding, and constructing public facilities which are necessary to accommodate land development. This chapter is intended to assure that new development bears an appropriate share of the cost of capital expenditures necessary to provided public facilities within the City of Edgerton and its service areas as they are required to serve the needs arising out of land development. (2) DEFINITIONS In this section: a. Capital costs means the capital costs to construct, expand or improve public facilities, including the cost of land, and including legal, engineering and design costs to construct, expand or improve public facilities, except that not more than 10% of capital costs may consist of legal, engineering and design costs unless such costs relate directly to the public improvement for which the impact fees were imposed actually exceed 10% of the capital costs. Capital costs does not include other noncapital costs to construct, expand or improve public facilities or the costs of equipment to construct, expand or improve public facilities. b. Development shall mean any man made change to improved or unimproved real property, the use of any principal structure or land or any other activity that creates a new residential dwelling unit. c. Impact fee means a fee to be collected at the time of building permit. According to state statutes, impact fees may be paid up to 14 days after issuance of the building permit. d. Land development means the construction or modification of improvements to real property that creates additional residential dwelling units within the City or its service areas. e. Public facilities for purposes of this ordinance means facilities for parks, playgrounds and land for athletic fields.

Deleted: SHORT TITLE

Deleted: : 1. any man made change to improved or unimproved real property, the use of any principal structure or land or any other activity that requires issuance of a permit for a new water meter or a change in water meter size for purposes of the sewer impact fee OR 2. a Deleted: Deleted: or that results in nonresidential uses that create a need for new, expanded or improved public facilities within the City or its service areas Deleted: <#>: 1. collecting and treating sewage, fa

14

Public Finance Amended 03/08 Deleted: cilities for collecting and treating storm and surface waters, or facilities for pumping, storing, treating and distributing water OR 2. Deleted: Residential Equivalent Unit (REU) means a unit of measure for impact fees equivalent to one residential dwelling unit. For purposes of this ordinance, one residential equivalent is considered equal to the basic residential meter size of 5/8" or 3/4". g. Deleted: THIS SHOULD BE HOW YOU, AS A CITY, DEFINE THIS ALREADY IN YOUR MUNI CODE Formatted Deleted: Water utility means the Water Utility of the City of Edgerton. k. Wastewater utility means the Wastewater Utility of the City of Edgerton. Deleted: Deleted: t

Residential Dwelling Unit for purposes of this ordinance shall mean a room or group of rooms providing or intended to provide living quarters for not more than one family. g. Service area means a geographic area delineated by the City Council within which the City provides public facilities. h. Service standard means a certain quantity or quality of public facilities relative to a certain number of persons, parcels of land or other appropriate measure as specified by the Common Council. i. City means the City of Edgerton. f. (3) IMPACT FEE REVENUE ADMINISTRATION Revenues from each type of impact fee shall be placed in a segregated, interest-bearing accounts and shall be accounted for separately from other city general and utility funds. Impact fee revenues and interest earned thereon may be expended only for capital costs for which the impact fees were imposed. Impact fee revenues imposed and collected but not used within a reasonable period of time after collection to pay the capital costs for which they were imposed shall be refunded, with interest, on a prorated proportional basis, as determined by the Common Council, to the current record owner or owners of the property with respect to which the impact fees were imposed. Reasonable time periods for expenditure of impact fee revenues shall be within seven (7) years after the collection of the impact fee revenue. The reasonable time period for expenditure may be extended for three (3) years if the city adopts a resolution stating that, due to extenuating circumstances or hardship meeting the seven (7) year limit, it needs an additional three (3) years to use the impact fees that were collected. The resolution shall specify the extenuating circumstances or hardship that lead to the need to adopt a resolution under this paragraph. (4) USE OF IMPACT FEES Funds collected from impact fees shall be used solely for the purpose of paying the proportionate costs of providing public facilities that may become necessary due to land development. These costs may include the costs of debt service on bonds or similar debt instruments when the debt has been incurred for the purpose of proceeding with designated public facilities projects prior to the collection of all anticipated impact fees for that project, to reimburse the city or utility for advances of other funds or reserves, and such other purposes consistent with Wisconsin Stats. 66.0617 which are recorded and approved by the Common Council. (5) PAYMENT OF IMPACT FEES All required impact fees, unless expressly accepted in a section of this chapter, shall be paid in full with in fourteen (14) days of issuance of a building permit. (6) APPEALS The payment of an impact fee imposed under this section may be contested as to the amount, collection or use of the impact fee to the Common Council, provided that the applicant files a written notice of appeal in the City Clerks office within fifteen (15) days of the payment of the impact fee. Such notice of appeal shall be entitled Notice of Appeal of Impact Fee and shall state the applicant s name, address, telephone number, address (if available) and legal description (including parcel number) of the land development upon which the impact fee is imposed, and a statement of the nature of and reasons for the appeal. The City Clerk shall schedule the appeal for consideration by the Common Council at a regular meeting as soon as reasonably practicable under the circumstances and shall notify the applicant of the time, date and place of such meeting in writing by regular mail, deposited in the mail no later than at least three (3) days before the date of such meeting. Upon review of such appeal, the Common Council may adjust the amount, collection or use of the impact fee upon just and reasonable cause shown. (7) REFUNDS OF FEES PAID Any funds not expended or encumbered by the reasonable period of time as outlined in Section 4.21(3), upon application of the current landowner, shall be returned to such landowner with interest, based on a proportionate share of interest earnings on the impact fee revenues, provided that the landowner submits a written application for a refund to the City Clerk of the City of Edgerton within one hundred eighty (180) days of the expiration of the reasonable time period as outlined in Section 4.21(3). (8) IMPACT FEES a. The basis for the imposition of the park impact fees is the City of Edgerton Report on Park Impact Fees and Public Facilities Needs Assessment prepared by Virchow Krause & Company, LLP dated November 7, 2006, on file in the office of the City Clerk of the City of Edgerton.

Deleted: (not sure if we can limit to 180 days, that is a legal question) Deleted: The basis for the imposition of the water, wastewater and stormwater impact fees is the Facilities Needs Assessment report and its attachments as outlined in the needs assessment prepared by Foth and Van Dyke, Madison, Wisconsin in May 1997 entitled, Impact Fee Needs Assessment Report, and the Report on Impact Fees prepared by Virchow, Krause & Company, LLP in May 1997, both of which are on file in the office of the City Clerk of the City of Edgerton.

15

Public Finance Amended 03/08

b. In the interest of fairness and in an effort to better effectuate the purpose of this ordinance as outlined in Section 4.21(5), the City has adopted the attached schedules (Attachment A). c. These impact fees shall be collected until the capital costs associated with the projects specified in the report referenced in (8)a. (9) EXEMPTIONS The following situations shall be exempt from payment of the impact fee as outlines in Section 4.21(5). a. Development of non-residential dwelling units. (10) REVIEW The impact fees contained herein shall be reviewed by the Common Council every two years. (11) SEVERABILITY If any section, phrase, sentence, or portion of this ordinance is for any reason held invalid or unconstitutional by any court or competent jurisdiction, such portions shall be deemed separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

Deleted: relating to the sewer public facilities impact fees. and (Attachment B) relating to the park public facilities. Deleted: s Deleted: The following situations shall be exempted from payment of the sewer impact fees as outlined in Section 4.21(5). Deleted: a. Alterations or expansion of an existing building where no additional or larger water meter connections are requested and where the water and sewer use is not changed.

b. The replacement of a building or structure with a new building or structure of the same size and use where no additional or larger water and/or sewer connections are requested and where the use is not changed. c. A change in water meter size shall not be exempted from payment of the impact fee; however, a credit shall be given for the current impact fee on the old meter size. For example, at the time of an application for a change from a 5/8" meter to a 1" meter, the impact fee would equal the current impact fee for a 1" meter less the current impact fee for a 5/8" meter. d. No impact fee shall be required, nor credited, for a change in water meter size that results in a decrease in meter size. Any claim for exception must be made no later than the time of application for a permit for a new water meter or a change in water meter size. Any claim not so made shall be deemed waived.
Deleted: DO WE NEED FOR PARKS?

16

Police Department Amended 4-95

CITY OF EDGERTON MUNICIPAL CODE CHAPTER 5 POLICE DEPARTMENT


SECTION 5.01 COMPOSITION; COMPENSATION.
The Police Department shall consist of the Chief of Police and such police officers as the Council shall prescribe by ordinance or resolution. They shall receive such compensation as shall be determined by ordinance or resolution, which shall be in lieu of all special fees, rewards, or remuneration arising from such police service. All fees, rewards and other special remuneration received by the Police Department or any member thereof shall be deposited with the Comptroller to the general fund of the City.

SECTION 5.02 APPOINTMENT OF CHIEF OF POLICE.


The Chief of Police shall be appointed by the Board of Police Commissioners. He shall hold office during good behavior, subject to suspension or removal by the Board for Cause. (Section 62.13 Wisconsin Statutes).

SECTION 5.03 PERFORMANCE OF DUTIES BY CHIEF AND SUBORDINATES.


The Chief of Police shall be the chief executive officer of the Police Department and shall have direct control and management of all members of the Department in the lawful exercise of their duties, subject to the provisions of law and/or City ordinances, and subject to such other orders as may be issued by the Mayor or Council as provided by law. Each police officer shall likewise perform such duties as may be required by law, ordinance, or City regulations, and such other duties as may be imposed by the Mayor or Council. (1) PRESERVATION OF PUBLIC PEACE. The Chief of Police shall, under the supervision of the Mayor, have and exercise general supervision over the Police Department. It shall be his duty to cause the public peace to be preserved by the enforcement of the Ordinances and Resolutions of the Common Council and by the suppression of all riots or disturbances that may occur. (2) POWERS OF ARREST. The Chief of Police shall cause to be arrested and prosecuted all persons who shall be found violating any Ordinance or Resolutions of the City of Edgerton. He shall likewise arrest all persons charged with offenses punishable by the laws of the State or County and bring said persons before the proper tribunal for punishment. (3) RECEIVE PAYMENT OF FINES AND PENALTIES. The Chief of Police is hereby authorized to receive at his office from any person who shall have been accused of a violation of any Sections of this Code of General Ordinances and who shall have been arrested therefor a deposit in money not to exceed the amount of maximum penalty, the imposing of which in such case may be authorized, and to release such person from arrest until the opening of the court having jurisdiction of such violation on the next succeeding day when the court may be in session or until a time which may by fixed for the hearing of the case.

SECTION 5.04 POWERS OF CHIEF OF POLICE.


It shall be the duty of the Chief of Police to obey all lawful written orders of the Mayor or Common Council. The Chief of Police shall possess the powers, enjoy the privileges and be subject to the liabilities conferred and imposed by law upon Constables and be taken as included in all writs and papers addressed to Constables; shall arrest with or without process and with reasonable diligence, take before proper court, every person found in the City violating any law of the State or Ordinance of the City or County and he may command all persons present in such case to assist him therein and if any person shall resist or aid or countenance any person in resisting any officer, or other person assisting him, in the execution of any duty, he shall be subject, in either case to the penalty provided under appropriate laws.

SECTION 5.05 PROPERTY AND EQUIPMENT.


The Chief of Police shall have custody, care and control of the property and equipment of the Police Department, subject to the directions of the Mayor and Council. He shall conduct periodic surveys of such

Police Department Amended 4-95

property and equipment, arrange for the salvaging of discarded or impaired items, and submit recommendations as to future needs.

SECTION 5.06 POLICE TO BE FULL TIME.


The Chief of Police and each permanent police officer shall devote full time to the Police Department duties.

SECTION 5.07 RECORDS.


The Chief of Police shall keep an accurate and complete record of all complaints, arrests, traffic violations, convictions and the disposition of each case handled by the Department. The Chief shall also keep a record of the accomplishments and performance of each officer.

SECTION 5.08 REPORTS.


The Chief of Police shall submit to the Public Safety Committee a report on all activities and transactions of the Department at regular intervals as requested by the Committee.

SECTION 5.09 DEPOSIT OF FUNDS WITH CITY COMPTROLLER.


All funds arising out of the Police Departments operations that may be collected by any member of the Department shall be deposited with the City Comptroller not later than the succeeding business day. The Chief shall file with the City Comptroller accompanying such deposit a statement showing in detail the source of such receipts.

SECTION 5.10 BADGE AND UNIFORMS.


Each member of the Police Department shall wear a suitable badge, to be furnished by the City, and every member on duty shall wear a uniform as prescribed by the regulations. The Chief may issue written orders authorizing the performance of a specific duty while not in uniform. Any member of the Department who shall lose or destroy such badge or other equipment shall be required to pay the cost of replacement. Whenever any member shall terminate his employment in the Department, he shall immediately deliver his badge to the Police Chief.

SECTION 5.11 DISCIPLINARY ACTION.


Disciplinary actions against the Chief and subordinates shall be governed by Section 62.13(5), Wisconsin Statutes.

SECTION 5.12 APPOINTMENT OF SCHOOL CROSSING GUARDS.


It is in the public interest to have the City of Edgerton appoint school crossing guards for the protection of school children going to and from school. The Common Council of the City of Edgerton hereby adopts by reference Section 349.215 of the Wisconsin Statutes. (Ord. 95-26)

SECTION 5.13 DISPOSAL OF ABANDONED PROPERTY.


On behalf of the City, the Police Department may dispose of any personal property which has been abandoned, or remained unclaimed for a period of 30 days after the taking of possession of the property by the City, and may dispose of said property by means of a sale open to the public, a public auction, or by donating said items of personal property to any non-profit or charitable organization. If the property is not disposed of in a sale open to the public, the Police Department shall maintain an inventory of such property; a record of the date and method of disposal, including any consideration received for the property, and the name and address of the person taking possession of the property. Such inventory shall be kept as a public record for a period of not less than 2 years from the date of disposal of the property. If the property is disposed of in the form of a sale, all receipts from the sale, after deducting the necessary expenses of keeping the property and conducting the sale, shall be paid into the City treasury. (Ord. 98-4)

Municipal Court Amended 03/08

CITY OF EDGERTON MUNICIPAL CODE CHAPTER 6 JOINT MUNICIPAL COURT


SECTION 6.01 COURT ESTABLISHED.
The Municipal Court for the Town of Albion, Town of Fulton and the City of Edgerton, created by Chapter 755 of the Wisconsin Statutes, is hereby established and shall become operative and functional on the effective date of this ordinance.

SECTION 6.02 JURISDICTION.


The Municipal Court shall have exclusive jurisdiction of offenses against the ordinances of the Town of Albion, Town of Fulton and the City of Edgerton where a municipality seeks to impose a forfeiture, except as set forth in Section 755.045(1) of Wisconsin Statutes.

SECTION 6.03 MUNICIPAL JUDGE.


The Municipal Court shall be presided over by a Municipal Judge. (1) ELECTION; TERM. The Municipal Judge shall be elected at large by the electors of the Townships of Albion Fulton and City of Edgerton at the spring election in even numbered years for a term of two years, or until a successor is elected and qualifies, commencing on May 1 succeeding his or her election. Midterm vacancies in the office of Municipal Judge shall be filled by appointment pursuant to Section 8.50 (4)(fm), Wis. Stats., as agreed upon by the Townships of Albion, Fulton and the City of Edgerton. (2) SALARY. The Municipal Judge shall receive a monthly salary paid by the City of Edgerton, which shall be in lieu of fees and costs. No salary shall be paid to the Judge for any time during his or her term for which he or she has not executed and filed his or her official bond and oath as required by paragraph (d) of this subsection. (3) BOND; OATH. The Municipal Judge shall execute and file with the Clerk of Courts for Rock County, Dane County and Jefferson County the oath prescribed by Section 757.02, Wis. Stats., and a bond. The Municipal Judge shall not be qualified to act until a certified copy of the bond is filed with the Town Clerks and City Administrator and a certified copy of the oath is filed with the office of the State Administrator of Courts as required by Section 755.03 Wis. Stats. (4) AUTHORITY. The Municipal Judge shall exercise such authority of the office to the fullest extent permitted under Wisconsin Law. (5) SESSIONS. The Municipal Court shall be open on the days and hours set by order of the Municipal Judge.

SECTION 6.04 LOCATION.


The Municipal Judge shall keep his or her office and hold court in the Edgerton Municipal Building, Edgerton, Wisconsin, or at such other places that may be established by order of the Municipal Judge.

SECTION 6.05 PROCEDURE.


The procedure in Municipal Court shall be as provided by this section and State law including, without limitation because of enumeration, Chapters 800, 755, and Section 23.66 to 23.99, 778.14, 778.15, 778.18 and 345.20 to 345.53, Wis. Stats.

SECTION 6.06 COLLECTION AND RETURN OF FORFEITURES.


The Municipal Judge shall collect all forfeitures, penalty assessments, fees and taxable costs in any action or proceeding before him or her and shall pay over such monies to the City Administrator within seven days of collection. At such time, the Municipal Judge shall also report to the City Administrator the title, nature of offenses and total amount of judgments imposed in actions and proceedings in which such monies were collected.

Municipal Court Amended 03/08

SECTION 6.07 CONTEMPT OF COURT.


The Municipal Judge after affording an opportunity to the person to be heard in defense, may punish for contempt of Municipal Court person guilty of either of the following acts and no other: (1) Disorderly, contemptuous and insolent behavior toward the Judge while engaged in any judicial proceeding or other conduct which tends to interrupt the proceedings or to impair the respect due the Judge's authority. (2) Resistance of or disobedience to any lawful order or process made or issued by the Judge. The Municipal Judge may upon finding any person guilty of contempt, order such person to forfeit not more than $50.00 plus penalty assessments under Section 165.87, Wis. Stats. Upon nonpayment of the forfeiture and penalty, the person found guilty of contempt may be sentenced to the County Jail not to exceed seven days.

SECTION 6.08 STIPULATIONS AND DEPOSITS IN MUNICIPAL COURT.


(1) Deposit Schedule to be Established. The Municipal Judge shall establish and submit to the Town of Albion, Town of Fulton and Common Council of the City of Edgerton, for approval in accordance with Section 800.03 (3), Wis. Stat., a schedule of deposits for violations of Town ordinances, except traffic regulations which are governed by Section 345.26, Wis. Stats., and boating violations governed by Section 23.67, Wis. Stats. When approved by the Town Boards and Common Council, such deposit schedule shall be posted in the office of the Municipal Court Clerk, the Town Constables, the Edgerton Police Department and at the Albion Town Hall, Fulton Town Hall and Edgerton City Hall. (2) STIPULATION AND DEPOSIT IN LIEU OF COURT APPEARANCES. Persons cited for violations of ordinances for which a deposit has been established under this subsection shall be permitted to make a stipulation of no contest and a deposit in lieu of court appearance as provided in Sections 800.03, 800.04 and 800.09, Wis. Stats. (3) TRAFFIC AND BOATING DEPOSITS. The deposit schedule established by the Wisconsin Judicial Conference and the procedures set forth in Chapters 23 and 345, Wis. Stats., shall apply to stipulations and deposits for violations of traffic regulations enacted in accordance with Section 345.26 and boating regulations enacted in accordance with Section 30.77, Wis. Stats. (4) WHEN NOT PERMITTED. Stipulations and deposits shall not be permitted after initial appearance or in cases or contempt under subsection 6.08.

SECTION 6.09 ADMINISTERING AGREEMENT.


The Town Board of the Town of Albion, the Town Board of the Town of Fulton and the Common Council of the City of Edgerton are authorized to enter into an agreement to share the costs of maintaining the Municipal Court.
(Ord 01-02)

Emergency Government Amended 2/96

CITY OF EDGERTON MUNICIPAL CODE CHAPTER 7 EMERGENCY MANAGEMENT


7.1 PURPOSE.
To ensure that the City of Edgerton will be prepared to cope with emergencies resulting from enemy action, natural disasters or technological emergencies, an Emergency Management Organization is created to carry out the purposes set forth in Chapter 166 of Wisconsin Statutes. (Ord. 96-3)

7.2 DEFINITIONS.
(1) Civil Defense means all measures undertaken by or on behalf of the State and its subdivisions to prepare for and minimize the effect of enemy action upon the civilian population. (2) Emergency means any event which threatens to, or actual does, inflict damage to property or people. (3) Enemy Action means any hostile action taken by a foreign power which threatens the security of the United States of America, State of Wisconsin, or any portion thereof. (4) Emergency Government (Management) includes civil defense and means all measures undertaken by or on behalf of the state and its subdivisions: (a) To prepare for and minimize the effort of enemy action and natural or man-made disaster upon the civilian population; (b) To effectuate emergency repairs to, or the emergency restoration of, vital public utilities and facilities destroyed or damaged by such action or disaster. (5) Natural Disaster includes all other extraordinary misfortunes affecting the City of Edgerton, natural technological or man-made, not included in the term of enemy action. (Ord. 96-3)

7.3 MUNICIPAL EMERGENCY GOVERNMENT COORDINATOR..


(1) There is hereby created the position of Municipal Emergency Government Coordinator for City of Edgerton. The Municipal Emergency Government Coordinator shall have the duties and responsibilities set forth herein as it relates to the City. (2) Term, Appointment and Status of Municipal Emergency Government Coordinator. (a) Appointment. The Municipal Emergency Government Coordinator shall be appointed by the Mayor subject to approval by the Common Council, and serve until a successor is appointed. (Ord. 96-3)

7.4 GENERAL DUTIES OF THE MUNICIPAL EMERGENCY GOVERNMENT COORDINATOR.


The Coordinator in his/her capacity as City coordinator shall, subject to the policy, oversight and direction of the Public Safety Committee, Common Council and Mayor, perform the following on behalf of the City: (1) Develop and promulgate emergency operations plans and annexes for the City in compliance with the laws of the State of Wisconsin and the Federal laws and consistent with planning guidance issued by the Wisconsin Division of Emergency Government and Federal Emergency Management Agency, as necessary, and consistent with County of Rock Emergency Government Plan. (2) Coordinate and assist when requested, with the development of City emergency operations plans within the county, and coordinate such plans with the County plan. (3) Direct the City emergency management programs and coordinate with the County. (4) Direct City-wide emergency management training programs and exercises within the City. (5) Advise the County and, if necessary, State Administrator of all emergency management planning for the City and
Chap. 7 p. 1

Emergency Government Amended 2/96

render such reports as may be required by the County or State Administrator. (6) Perform such other duties relating to emergency management as may be required by the Common Council, or Public Safety Committee, or the Mayor. (7) Perform all administrative duties necessary for the rendering of reports and procurement of matching Federal and/or State funds for the City. (8) Act as a clearinghouse for information regarding available resources in the event of an emergency or disaster within the City. (9) In the case of a state of emergency proclaimed by the governor or County, the Municipal Emergency Government Coordinator shall direct the City emergency management activities, subject to the coordinating authority of the County or State Administrator of Division of Emergency Government. (10) In the case of an emergency, direct City emergency management activities and coordinate with the County the emergency management activities within the City. (Ord. 96-3)

7.5 UTILIZATION OF EXISTING SERVICES AND FACILITIES.


(1) Policy. In preparing and executing the emergency government program, the services, equipment, supplies, and facilities of the existing departments and agencies of the City shall be utilized to the maximum extent practicable; and the officers and personnel of all such departments and agencies are directed to cooperate with and extend such services and facilities as are required of them. (2) Responsibility. In order to assure that in the event of an emergency all the facilities of the existing city government are expanded to the fullest to meet such emergency, the Municipal Emergency Government Coordinator shall assign specific responsibilities to various department heads and City officers and appoint them Directors of the Municipal Emergency Government Plan. The Municipal Emergency Government Coordinator will assist them in organizing and planning for the expansion of their departments and offices prior to and during an emergency and for recruiting necessary emergency government volunteers to supplement regular department employees. Nothing in this section shall be construed so as to limit the Municipal Emergency Government Coordinator from immediately commencing organizational and planning programs as required in the Emergency Government Plan. (3) Penalty. Whoever knowingly and willfully fails to comply with the directives of the municipal emergency government authorities promulgated pursuant to this Ordinance during a state of emergency proclaimed by the Governor or during any training program or exercises, shall forfeit not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), together with costs of prosecution and in default of payment of said forfeiture and costs of prosecution, may be imprisoned in the Rock County Jail until such forfeiture and costs of prosecution are paid, but not to exceed ninety days, or may have their motor vehicle operating privileges suspended for a period of time not to exceed five years, or until such forfeiture plus costs are paid. (Ord. 96-3)

7.6 STATE STATUTE AND ROCK COUNTY ORDINANCE ADOPTED BY REFERENCE.


This ordinance adopts Chapter V of the Rock County Ordinance (Emergency Management for Rock County) and Chapter 166, Wisconsin Statutes (emergency Government) and any amendments thereto, by reference, as applicable to the City. (Ord. 96-3)

Chap. 7 p. 2

Fire Department Amended 9/2002

CITY OF EDGERTON MUNICIPAL CODE CHAPTER 8 FIRE DEPARTMENT


8.1 COMPOSITION.
Fire protection shall be provided by the Edgerton Fire Protection District of which the City of Edgerton is a voting member.

8.2 AUTHORITY OF THE EDGERTON FIRE PROTECTION DISTRICT.


(1) Enforce Ordinances, Rules And Regulations. The Fire Chief of the Edgerton Fire Protection District shall have the power to enforce all ordinances, rules and regulations of the Common Council governing the Edgerton Fire Protection District, and report promptly to the Mayor any person who may have disobeyed orders or violated any of the laws or rules governing the City while engaged in fire fighting operations. The Fire Chief shall enforce all fire prevention ordinances and all state laws and regulations pertaining to fire prevention and shall keep citizens informed on fire prevention methods and on the activities of the Department. (2) Police Powers. The Fire Chief may prescribe certain limits in the vicinity of any fire within which any person except firemen and policemen, and those admitted by order of any officer of the Fire Department, shall not be permitted to come, and shall have the power to cause the removal of any property whenever it shall become necessary in the preservation of such property from fires or to prevent the spreading of fire, or to protect the adjoining property, and during the progress of any fire, he shall have the power to order the removal or destruction of any property necessary to prevent the further spread of fire. He shall also have the power to cause the removal of all wires and a turning off of all electricity and gas where the same interferes with the work of the Fire Department during the progress of a fire. (3) The Fire Chief shall perform such other duties as are incumbent on the commanding officers of the Edgerton Fire Protection District Fire Department.

8.3 ADOPTION OF FIRE PREVENTION CODES AND ENFORCMENT.


(1) State Codes. The following orders, rules, and regulations of the Department of Commerce, all of which are set forth in the Wisconsin Administrative Code as from time to time amended and/or renumbered, are incorporated herein by reference and adopted as part of this Chapter: (a) Wis. Adm. Code, Ch. Comm. 7: Explosive Materials. (b) Wis. Adm. Code, Ch. Comm 10: Flammable and Combustible Liquids. (c) Wis. Adm. Code, Ch. Comm 11: Liquefied Petroleum Gases. (d) Wis. Adm. Code, Ch. Comm 12: Natural Gas. (e) Wis. Adm. Code, Ch. Comm 13: Compressed Natural Gases. (f) Wis. Adm. Code, Ch. Comm 14: General Hazard Fire Prevention. (g) Wis. Adm. Code, Ch. Comm 15: Cleaning and Dyeing. (h) Wis. Adm. Code, Ch. Comm 16: Electrical Code V2. (i) Wis. Adm. Code, Ch. Comm 28: Smoke Detectors. (j) Wis. Adm. Code, Ch. Comm 50: Administration and Enforcement. (k) Wis. Adm. Code, Ch. Comm 51: Definitions and Standards. (l) Wis. Adm. Code, Ch. Comm 52: General Requirements. (m) Wis. Adm. Code, Ch. Comm 53: Structural Requirements. (n) Wis. Adm. Code, Ch. Comm 54: Factories, Office and Mercantile Buildings. (o) Wis. Adm. Code, Ch. Comm 55: Theatres and Assembly Halls. (p) Wis. Adm. Code, Ch. Comm 56: Schools and Other Places of Instruction. (q) Wis. Adm. Code, Ch. Comm 57: Residential Occupancies. (r) Wis. Adm. Code, Ch. Comm 58: Health Care, Detention and Correctional Facilities. (s) Wis. Adm. Code, Ch. Comm 59: Hazardous Occupancies.

Fire Department Amended 9/2002

(2)

(2)

(3)

(2)

(t) Wis. Adm. Code, Ch. Comm 60: Child Day Care Facilities. (u) Wis. Adm. Code, Ch. Comm 61: Community-Based Residential Facilities. (v) Wis. Adm. Code, Ch. Comm62: Specialty Occupancies. (w) Wis. Adm. Code, Ch. Comm 64: Heating, Ventilating and Air Conditioning. (x) Wis. Adm. Code, Ch. Comm 66: Multi-family Dwellings. (y) Wis. Adm. Code, Ch. Comm 70: Historic Buildings. National Codes. The following sections of the National Fire Codes published by the National Fire Protection Association: (a) NFPA 1 Fire Prevention Code. Compliance Required. Any act required to be performed and any act prohibited by the sections of the Wisconsin Administrative Code or the National Fire Code, incorporated herein by reference is an act required or prohibited by this Chapter. Future Amendments or Modifications. (a) Any future amendment, revision, or modification of the sections of the Wisconsin Administrative Code or national Fire Code incorporated herein by reference are intended to be made a part of this Chapter and are automatically adopted by reference herein upon their effective dates. (a) In the case of a conflict between any provisions of this Fire Code, the Wisconsin Administrative Code or the National Fire Code, the code containing the strictest provisions shall apply. A copy of the applicable codes shall be kept at all times and available for inspection during reasonable hours in the offices of the City Clerk and the Edgerton Fire Protection District Fire Chief. Enforcement, Authority and General Duties. (a) It shall be the duty and responsibility of the Fire Chief or his/her duly authorized representative to enforce the provisions of this Chapter. Every reference to Fire Chief in this Chapter shall include his/her duly authorized representative. (b) When the Fire Chief determines that there may be a violation of any provision of this Chapter, or a situation which affects the health or safety of the general public, or the occupants of a building, the Fire Chief shall proceed to take necessary action as provided for in this Chapter.

8.4

VOLUNTEER FIRE COMPANY.


(1) For the preservation and protection of life and property from and during such fires and emergencies as may occur in the City of Edgerton, the Edgerton Fire Protection District Volunteer Fire Company shall provide the maximum benefit of fire protection for the City of Edgerton. (2) PROHIBITED CONDUCT. No person shall willfully injure in any manner any hose, hydrant, or fire apparatus belonging to the City, and no vehicle shall be driven over any unprotected hose of the Fire Department when laid down on any street, private driveway or other place, to be used at any fire or alarm of fire, without the consent of the Fire Department official in command.

8.5 DUTY OF BYSTANDERS TO ASSIST.


Every person who shall be present at a fire shall be subject to the orders of the Fire Chief or officer in command, and any person refusing to obey such orders after the official character of the officer is made known to him shall, upon being found guilty, be subject to the forfeiture as provided in Section 8.17 of this Chapter.

8.6 FIREMEN MAY ENTER ADJACENT PROPERTY.


It shall be lawful for any fireman while acting under the order or direction of the Fire Chief or other officer in command to enter upon the premises adjacent to or in the vicinity of any building or other property then on fire for the purpose of extinguishing such fire; and it shall be unlawful for any person to hinder, resist, or obstruct any fireman in the discharge of his duty as it herein before provided.

8.7 FALSE ALARM.


It shall be unlawful for any person to give or cause to be given any false alarm for fire, or to wrongly sound the fire siren as a false alarm.

Fire Department Amended 9/2002

8.8 BURNING BANS; FIREWORKS; CARE OF COMBUSTIBLE MATERIALS.


The Fire Chief shall be responsible for and have full authority to issue bans on any open burning permitted under Section 17.06(19) should weather conditions warrant restrictions; shall be responsible for and have full authority to restrict the use of fireworks as permitted pursuant to Section 16.34 of this Code should weather conditions warrant restriction; shall be responsible for and have full authority to give direction as he may deem expedient as to the keeping, removal and management of any combustible materials or articles likely to cause fire or explosion; and to carry into effect the several provisions of this Chapter, and each act that such person or persons neglect or refuse to comply with said directions shall be considered a separate offense. (Ord. 97-30)

8.9 FIRE INSPECTIONS.


(1) Enforcement, Authority and Duties. (a) Inspection of premises and the issuing of orders in connection therewith, under the provisions of this Fire Code, shall be the responsibility of the Fire Chief or his/her designee. Wherever, in the opinion of the Fire Chief, it is necessary or desirable to coordinate with the Building Inspector in the inspection of any condition, he/she shall arrange for this to be done in such manner that the owners or occupants of buildings shall not be subjected to visits by numerous inspectors nor to multiple or conflicting orders. All orders for correction of any violation under this Fire Code shall be issued with the approval of the Fire Chief or his/her Designees. . (b) When the Fire Chief determines that there are reasonable grounds to believe that a violation of this Fire Code may exist or that conditions exist which adversely affect the health, safety, and welfare of the occupants or the public, he/she may make a cause to be made inspections to determine the conditions of buildings or structures in order to safeguard the safety, health and welfare of the public under the provisions of the Fire Code. In addition, the Fire Chief shall make or cause to be made those inspections that are required by the Wisconsin Statutes. It shall be the duty of the Fire Chief to inspect all buildings and premises except the interiors of dwelling units, as often as may be necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, endanger life from fire, or any violations of the provisions or intent of the Fire Code. (2) Authority to Enter Premises. (a) The Fire Chief may, at reasonable hours, request permission of the owner or occupant to enter any building or premises for the purpose of making any inspection or investigation, which, under the provisions of this Fire Code, he/she may deem necessary to be made. (b) The Fire Chief may obtain a search/inspection warrant under Sections 969.10, 968.11, 66.122 and 66.123, Wis. Stats., when necessary in his/her opinion for the purpose of making an inspection or investigation of any building or premises where the owner or occupant has refused admission. (a) No person, having been duly informed of the existence of a search warrant to search the premises owned or occupied by him/her, shall refuse to permit such search to be made. Each day or part thereof, during which such refusal continues shall be deemed to be a separate violation. (3) Enforcement Methods. In enforcing this Fire Code, the Fire Chief or his/her authorized representative, may do so by order to vacate building, order to correct violation, citation procedure, forfeiture action, injunctive relief, or may combination of those remedies. (4) Emergency Vacation of Hazardous Buildings Procedure. (a) Whenever the Fire Chief finds that a Fire Code violation exists which presents a situation so dangerous as to be an immediate hazard or threat of damage or injury to any property or to any persons life, safety or health, the Fire Chief may order an immediate vacation of the building, structure or premises which are so threatened. (b) The order to vacate in an emergency situation may be given orally by the Fire Chief to those persons present in the building, structure or premises. (c) If such order is given orally, the Fire Chief shall post on each entrance to the vacated building a sign or notice that the building has been ordered vacated or is unfit for occupancy. (d) If the emergency situation terminates within three (3) days, the Fire Chief shall prepare a report of the emergency situation and vacation. Such report shall contain the following information: 1. A description of the premises sufficient for identification.

Fire Department Amended 9/2002

Specification of the condition requiring immediate vacation and the section of the Fire Code under which emergency order was issued. 3. Date of issuance of the order to vacate. 4. Date of withdrawal of the order to vacate. 5. The names of the person or persons who were ordered to vacate the building, structure or premises, and the date on which they were so ordered. (a) If the emergency situation exists longer than three (3) days, the Fire Chief shall, after three (3) days, prepare a written order which shall contain the following information: 1. A description of the premises sufficient for identification. 2. An order that the building, structure, or premises be vacated and remain vacated until such order to vacate is withdrawn. 3. Specification of the condition requiring immediate vacation and the section of the Fire Code under which such emergency order is being issued. 4. The date the oral order to vacate was given. 5. A statement of the penalty for defacing or removal of the copy of that order. 6. The signature of the Fire Chief and a statement that the order was issued from the Fire Department. 7. The date of posting of the written order. (a) A copy of any written order shall be posted on the premises and shall be served on the owner. (b) When the Fire Chief is satisfied that the hazard or condition causing the emergency situation has been corrected, he/she shall withdraw the order to vacate and remove any posted order or notice. If a written order was posted, the Fire Chief shall notify the owner in writing of the withdrawal of the order to vacate. (c) It shall be the duty of the owner of a building to notify the occupants of any order to vacate and of the withdrawal of such order. Any damage, loss or injury to either the owner or occupants of the building ordered to be vacated shall not be the responsibility of the City unless directly caused by the Citys negligence. Any damage, loss or injury to either the owner or occupants shall be the responsibility of the person or persons who caused the Fire Code violation or who allowed the Fire Code violation to exist. (d) The Fire Chief shall furnish a copy of all orders to vacate and notices of withdrawal thereof to any other official of the village concerned therewith. (5) Emergency Authority of Fire Chief. In all circumstances where, in the opinion of the Fire Chief, the Fire code violation presents a situation so dangerous as to be an immediate threat of damage or injury to any property or any person s life, safety or health, the Fire Chief may cause the immediate abatement, removal or correction of the violation. Any and all costs incurred by the City in the performance of the abatement, removal or correction of such violation shall be charged to the owner, occupant, person in control of or person responsible for such violation. In case of a failure to pay these costs, a statement of such costs shall be filed with the Treasurer and any and all costs thereof shall be charged against the real estate upon which the violation was located, shall be a lien upon the real estate, and shall be assessed and collected as a special tax. (2) Order To Eliminate Dangerous or Hazardous Conditions. Whenever the Fire Chief shall find in any building or upon any premises dangerous or hazardous conditions or materials as follows, he/she shall order such dangerous conditions or materials to be removed or remedied: (a) Dangerous to unlawful amounts of combustible or explosive or otherwise hazardous materials. (b) Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive or otherwise hazardous materials. (c) Dangerous accumulations of rubbish, waste paper, boxes, shavings or other highly combustible materials. (d) Accumulations of dust or waste material in the air conditioning or ventilating systems or of grease in kitchen or other exhaust ducts or inadequate clearances to unprotected combustible materials from hoods, grease extractors and ducts.

2.

Fire Department Amended 9/2002

(e) Obstructions to or on fire escapes, designated access openings in exterior walls for Fire Department use, stairs, passageways, doors and windows, liable to interfere with the operations of the Fire Department or egress of occupants in case of fire. (f) Any buildings or other structure which, for want of repairs, lack of adequate exit facilities, automatic or other fire alarm apparatus or fire extinguishing equipment, or by reason of age or dilapidated conditions, or from any other cause, creates a hazardous condition. (2) Service of Orders. (a) The service of written orders for the correction of violations of this Fire Code shall be made upon the owner, occupant or other person responsible for the conditions, either by delivering a copy of same to any person in charge of the premises, or by mailing such orders to the owner or other responsible person. This Subsection shall in no way preclude the Fire Chief from issuing oral orders in such other manner as he/she deems appropriate under the circumstances. (b) If buildings or other premises are owned by one (1) person and occupied by another, the orders issued on connection with the enforcing of this Fire Code shall apply to the occupant thereof as well as the owner, except where the rules or orders require the making of additions to or changes in the premises themselves, such as would immediately become fixtures upon real estate or real estate and be the property of the owner of the premises, and in such cases the rules or orders shall affect the owner and not the occupant unless it is otherwise agreed between the owner and the occupant. (c) Receipt of such orders by the owner or occupant is sufficient notice to effect compliance with the order. (8) Order to Correct Violations: Removal of Posted Copy. In case any order is not promptly complied with, the Fire Chief, or his/her Designees, may follow any, several, or all of the following procedures: (a) Cause a citation to be issued to the owner, operator or other person responsible for the violation citing a violation of this Chapter. (b) Request the Attorney of the City to institute an appropriate action or proceeding at law or in equity against the owner, operator or other person responsible for the violation, ordering him to: 1. Restrain, correct or remove the violation, or refrain from any further execution of work. 2. Restrain or correct the erection, installation or alteration of such building in violation of the Fire Code. 3. Remove work in violation. 4. Prevent the occupancy or use of the building, structure, or part thereof erected, constructed, installed or altered in violation of, or not in compliance with, the provisions of the Fire Code, or in violation of a plan or specification under which an approval, permit or certificate was issued, or 5. Pay a forfeiture pursuant to the penalty provision of this Code of Ordinances. (c) Any person who does not comply with any lawful order of the Fire Chief, or his/her Designees, issued pursuant to the provisions of this Fire Code shall be in violation of this Fire Code and every day or fraction thereof during which such person fails or neglects to comply with such order shall constitute a separate offense.

8.10 PENALTY.
Any person violating any provision of the Chapter shall forfeit not less than $10.00 nor more than $200.00, together with costs of prosecution, and in default of payment of said forfeiture and costs of prosecution shall be imprisoned in the Rock County Jail until such forfeiture and costs of prosecution are paid, but not to exceed sixty days.

Traffic, Parking, Snowmobile and Automobile Regulations Amended 03/2012

CITY OF EDGERTON MUNICIPAL CODE CHAPTER 9 TRAFFIC, PARKING, SNOWMOBILE, AND OTHER AUTOMOBILE REGULATIONS
SECTION 9.01 STATE TRAFFIC AND SNOWMOBILE LAWS ADOPTED. Except as
otherwise specifically provided in this ordinance, all provisions of Chapters 340 thru 348 and Chapter 350 of the Wisconsin Statutes describing and defining regulations with respect to vehicles and traffic, and snowmobiles, for which the penalty is a forfeiture only, including penalties to be imposed and procedures for prosecution, as permitted by Chapter 349 Wisconsin Statutes, are hereby strictly adopted and by reference made a part of this ordinance as if fully set forth herein. In addition, any existing or future changes, modifications, amendments, or additions made to the provisions to Chapters 340 thru 348 and Chapter 350 existing prior to or subsequent to the enactment of this ordinance are as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this ordinance.

SECTION 9.02 OTHER LAWS ADOPTED. There is also hereby adopted by reference in its entirety
Section M.V.D. 5, STANDARDS FOR MOTOR VEHICLE EQUIPMENT, of the Wisconsin Administrative Code and any changes, amendments, or additions made thereto.

SECTION 9.03 PARKING RESTRICTIONS.


(1) No person shall stop or leave any vehicle standing or parked in any of the following places, except temporarily for the purpose of and while actually engaged in loading or unloading or in receiving or discharging passengers and while the vehicle is attended by a licensed operator so that it may promptly be moved in case of an emergency or to avoid obstruction of traffic: (a) In a loading zone as designated by an official traffic sign. (b) In an alley in a business or commercial district, except for the sole purpose of loading or unloading. Said loading or unloading shall be restricted to no more than ten (10) minutes. (c) Within ten (10) feet of a fire hydrant, unless a greater distance is indicated by an official traffic sign. (d) Within four (4) feet of the entrance to an alley or a private road or driveway. (e) Closer than fifteen (15) feet to the near limits of a crosswalk. (f) Upon any portion of a highway, roadway or throughway where and at the time when parking is prohibited, limited or restricted by official traffic signs, by official markings on the roadway, highway or throughway, or curb markings indicating no parking. (g) Upon any bridge in the City of Edgerton. (h) Upon any sidewalk or any terrace area in the City, said terrace area being the area between the sidewalk and the curb on any street or highway. (i) Upon any street or highway in any area which has been designated and marked with signs or barriers by the Police Department or the Street Department indicating no parking due to snow removal or other purposes. Said signs or barriers indicate that a snow emergency exists until such time as the snow is removed and the signs or barriers are taken down, or that other circumstances exist which prohibit parking until such time as the barriers are removed. The parking prohibition of this section shall control over any other ordinance which might conflict in anyway. (j) Winter Parking Regulations 1. Upon any street or highway during a snow event. A snow event is the period of time during and after any snowfall until after the snow from said street or highways has been removed or plowed to the curbline. Any vehicles parking or left standing in violation of this section may be ticketed and/or removed by or under the direction of the City of Edgerton Police Department or Street

Traffic, Parking, Snowmobile and Automobile Regulations Amended 03/2012

Department. The expense of any such removal may be charged to the owner of the vehicle. Removal of said vehicle shall not prevent prosecution under this ordinance. 2. Snow emergency, as determined by the City, shall be effective when official traffic signs have been placed or erected at or reasonably near the corporate limits of Edgerton on all State or County Trunk Highways and connecting highways. (k) General parking restrictions are posted on signs located on all State or County Trunk Highways and connecting highways entering the corporate City limits. (2) There are also designated parking zones which includes all future restricted or limited parking as directed by the Public Safety Committee and/or Public Works Director and recorded by the Public Works Director. All limited or restricted parking zones shall be posted indicating the particular prohibition, limitation, or restriction. (3) MUNICIPAL PARKING LOT AND PUBLIC PARK RESTRICTIONS. (a) All municipal parking lost are restricted as follows: 1. As posted. 2. Overnight and unmarked areas are restricted to 24 hours. (b) Parking restrictions for all municipal parking lots from November 1st to April 1st shall be as follows: 1. All vehicles parked overnight in any municipal parking lot shall be parked in designated areas until snow is removed from the remaining portion of the lot. 2. Cars parked overnight, where allowed, must be removed from the overnight parking areas, to the plowed area on the lot, or on a plowed street, within 24 hours of snow removal. 3. Overnight parking in these areas is on a first come first serve basis. If all available parking spaces are filled, it is the vehicle owner's responsibility to find other suitable parking. 4. Any vehicles parked or left standing in violation of this section may be removed by or under the direction of the City Police Department or Street Department. The expense of any such removal may be charged to the owner of the vehicle. Said removal of the vehicle shall not prevent prosecution under this ordinance. (c) There shall be no parking from 11:00 p.m. to 6:00 a.m. in any public park except during special events as designated by the City. Parking in public parks is prohibited in these areas as designated by signs or other official markings. (4) RESTRICTIONS ON TRUCK, TRAILER, BUS, MOTOR HOME, RECREATIONAL VEHICLE, AND OTHER RELATED VEHICLE PARKING. (a) Semi-truck tractors with trailers are prohibited from parking on City streets and in public parking areas except while loading and unloading. (b) Recreational vehicles, semi tractors, and vehicles over 25 feet in length are prohibited from parking on City streets and public parking lots for more than 2 hours. (c) Semi-trailers, campers, boats, or other trailers or machinery which are disconnected from their tractors are prohibited from parking on City streets or in public parking areas. (d) Except for a reasonable amount of time for loading and unloading, trucks, semi-tractors, refrigeration trailers or other similar vehicles shall not be left parked on any private property, street, or parking area with the motor running for more than an hour. (5) PARKING FOR PHYSICALLY DISABLED PERSON (a) Section 346.503, Wisconsin Statutes, and all amendments thereto, is hereby adopted regarding parking spaces for motor vehicles used by a physically disabled person. (b) In addition to the number, designation, and location of the parking space(s), and that there is a traffic sign designating the same, the owner or lessee subject to the requirements of this section shall paint the surface of said parking stall in blue paint with the appropriate white wheelchair insignia. (c) Any violation of this section shall be subject to a fine of $50.00 - $200.00 along with court costs and fees thereto.

Traffic, Parking, Snowmobile and Automobile Regulations Amended 03/2012

SECTION 9.04 DESIGNATION OF ONE-WAY STREETS. The following streets and highways
are designated as one-way streets and all traffic thereon shall proceed in the direction set forth by traffic signs erected thereon. (1) St. Joseph's Circle. (2) Head Street. (3) Barberry Lane. (4) Elm High Drive in front of the Elementary School and the east side of the High School.

SECTION 9.05 LOCATION OF STOP AND YIELD SIGNS. Stop signs and yield signs shall be
placed at all locations in the City designated by the Public Safety Committee and/or Director of Public Works as necessary for the safe control of traffic and for the protection of pedestrians and other citizens. All persons operating a vehicle shall stop or yield at said signs in the manner provided in Section 346, Wisconsin Statutes. (Ord. 02-06)

SECTION 9.06 INSTALLATION OF YIELD SIGNS. Yield signs shall be placed at the following
locations and the operator of the vehicle when approaching any intersection at which said sign has been placed, shall yield the right of way to other vehicles which have entered the intersection from an intersecting highway or which are approaching so closely on the intersecting highway as to constitute a hazard of collision and, if necessary, should reduce speed or stop in order to yield. (1) Bel Aire Dr. at St. Joseph's Circle (2) W. Ladd Lane at St. Joseph's Circle (3) Sweeney Rd. at St. Joseph's Circle (4) Dickinson Ave. at St. Joseph's Circle (5) Elm High Dr. at entrance of private driveway near school administration building. (6) Crescent St. at Ridgeway St.

SECTION 9.07 SPEED ZONES.


(1) All streets, highways and throughways in the City of Edgerton are designated as twenty-five mph speed zones except as set forth below. No person shall drive any vehicle in excess of twenty-five mph unless a different limit is indicated by official traffic signs as set forth below. (a) 15 mph zones: 1. West Lawton St. 2. Elm Dr. 3. Any alleyway in the City of Edgerton. 4. York Road. (Ord. 00-11) (b) 10 mph zones: 1. All City parks 2. Cemeteries. (c) The following School Zones are 15 mph speed zones or such speed as is otherwise posted and during posted hours, or at those times when children are going to and from school or are playing within the sidewalk area at or about the school: 1. Albion St. 2. Elm High Dr. 3. Blaine St. from Randolph St. to Bel Aire Dr. 4. St. Joseph's Circle 5. Randolph St. 6. Ridgeway to Elm High Dr. to Albion St.

SECTION 9.08 ERECTION OF OFFICIAL TRAFFIC SIGNS, SIGNALS, AND TRAFFIC CONTROL DEVICES. The Public Works Director and/or Public Safety Committee is hereby
authorized and directed to place and maintain appropriate traffic signs, signals, devices, No Parking signs, roadway and curb markings, lane markings, and other appropriate signs or markings. Said traffic signs or

Traffic, Parking, Snowmobile and Automobile Regulations Amended 03/2012

markings shall be placed/maintained at such locations and manner as to give adequate warning to users of the street, alley, highway, or throughway in question. Said signs or markings shall be placed in an area reasonably close to the conduct regulated, restricted, or prohibited so as to be seen by a reasonably observant person. (Ord. 0013)

SECTION 9.09 VEHICULAR WEIGHT LIMITATIONS AND DESIGNATION OF HEAVY TRAFFIC ROUTE.
(1) CLASS "B" HIGHWAYS DESIGNATED. All streets and highways including alleys, within the City of Edgerton are hereby designated Class "B" Highways and shall be subject to the weight limitations imposed by Chapters 348, Wisconsin Statutes, except for those streets designated as a heavy traffic route set forth in Section Two (2). (2) HEAVY TRAFFIC ROUTE (ALSO KNOWN AS TRUCK ROUTE). The following streets or highways are hereby designated as a heavy traffic route (truck route) and permit the operation of trucks or other vehicles which are prohibited under the provisions of Section One (1) above : 1. All of Main St. 2. All of Fulton St. 3. Lord St. 4. E. Lawton St. from S. Main to S. Catlin St. 5. S. Catlin to E. Fulton St. 6. All of W. Lawton St. 7. I.K.I. Dr. 8. Stoughton Rd. from City Limits to Washington St. 9. Highway St. 10. Newville St. 11. Albion St. 12. W. High St. 13. Menhall Dr. 14. Industrial Dr. 15. Willis Lane 16. Maple Ct. north 17. E. Ladd Lane from N. Main to Robert St. 18. W. Rollin from N. Main to 834 W. Rollin St. 19. N. Swift St. from W. Fulton St. to W. Rollin St. 20. W. Rollin St., N. Main St. to Swift St. 21. N. Henry St. 22. Canal St. (3) Trucks or vehicles limited to operation on heavy traffic routes (truck routes) are permitted to operate on restricted streets and highways for the sole purpose of obtaining orders for supplies or moving or delivering supplies or commodities to or from any place of business or residence which has an entrance on such street or highway, however, any vehicles traveling thereon shall operate on said heavy traffic route (truck route) as much as possible in going to or from any place of business or residence. (4) All heavy traffic routes (truck routes) shall be marked with appropriate signs giving notice thereof. (5) Motor vehicle noise levels limited. See Section 17.06(21) (Ord. 00-05)

SECTION 9.10 REGULATION OF SNOWMOBILES.


(1) Chapter 350 of Wisconsin Statutes and all subsequent changes, modifications or amendments thereto are strictly adopted and by reference made a part of this ordinance as if fully set forth herein. (2) No person may operate a snowmobile upon any street, highway or throughway in the City of Edgerton , except to drive directly across the street, highway, or throughway and only after stopping and yielding the right of way to all vehicles approaching on the roadway, unless said street, highway or throughway has been designated an official snowmobile trail by the City of Edgerton and is so marked.

Traffic, Parking, Snowmobile and Automobile Regulations Amended 03/2012

(3) No person shall operate a snowmobile upon any street, highway or throughway in the City of Edgerton other than to drive directly across the sidewalk, but only after stopping and yielding the right of way to pedestrians or other parties approaching on said sidewalk. (4) No person shall drive or operate a snowmobile in any park, cemetery, or upon any City property within the City of Edgerton except upon official snowmobile trails designated and marked by the City of Edgerton and at such times and under such conditions as shall be designated by the Director of Public Works for the City of Edgerton. It shall be unlawful for any person to operate a snowmobile within said designated areas at any time or under any conditions as prohibited by official postings or official signs. (5) No person shall operate a snowmobile upon approved routes in the City of Edgerton between the hours of 12:30 a.m. to 7 a.m. (6) It shall be unlawful for the owner or operator of any snowmobile to leave said snowmobile unattended while the motor is running or with the keys to start the same in the ignition. (7) No person shall operate a snowmobile and no person shall ride as a passenger at any time on any snowmobile when more than three (3) persons are upon said snowmobile, and no person operating said snowmobile shall be allowed to tow passengers on a toboggan, sleigh or other device which does not have a permanent hitch for attachment to snowmobile. (8) No person shall operate a snowmobile while under the influence of alcoholic beverages or controlled substances or a combination thereof, under the influence of any other drug to a degree which renders him/her incapable of operating a snowmobile, or under the combined influence of alcoholic beverages and any other drug which renders him/her incapable of safely operating a snowmobile. (9) No person shall operate a snowmobile on the private property of another without the consent of the owner of lessee. Failure to post private property does not imply consent for snowmobile use. (10) Any official snowmobile trails adopted by the City of Edgerton which include private property not owned by the City of Edgerton shall be created for a period of time not exceeding one year and shall require that the owners, lessees, or their agents o f all private property involved file with the City written permission and a written easement granting to the City permission to use said property for purposes of creating a snowmobile trail and releasing the City from any and all liability resulting from the operation of snowmobiles on said private property.

SECTION 9.11 ABANDONED OR DISABLED MOTOR VEHICLES.


(1) Definitions for the purpose of this Section, the following definitions shall be applicable: (a) MOTOR VEHICLE. As defined in Chapter 340, Wisconsin Statutes. (b) ABANDONED MOTOR VEHICLE. Any motor vehicle which through disuse or failure to be used, remains in one location for a period of 48 hours or more when physically located on a public street or highway or on public property, or for 5 days or more when located on private property and within the ordinary public view or the view of neighboring persons or property owners, or a motor vehicle which has been reported as stolen to any law enforcement agency or a motor vehicle which does not have affixed thereto a current motor vehicle license shall be designated as an abandoned motor vehicle. A motor vehicle shall not be considered an abandoned motor vehicle when it is out of ordinary public view or the view of neighboring persons or property owners, or when designated as not abandoned by duly authorized official of the City of Edgerton pursuant to the municipal ordinance. (c) DISABLED MOTOR VEHICLE. Means any motor vehicle which has been junked, wrecked, damaged, or from which parts, accessories, or equipment have been removed so that the same is not capable and cannot be operated in its then current condition safely and legally upon any street or highway. (d) PERSON. Means any individual, firm, partnership, corporation or a association. (2) No person shall cause any motor vehicle to become abandoned or disabled and to remain in one location for a period of 48 hours or more on a public street or public property or for five days or more or upon the complaint of any property owner when located on private property in the ordinary public view or in the view of neighboring persons or property owners.

Traffic, Parking, Snowmobile and Automobile Regulations Amended 03/2012

(a) PENALTY. Any abandoned or disabled motor vehicle is deemed to constitute a public nuisance subject to abatement and may be removed and impounded as provided herein in Paragraph (c) along with the imposition of a penalty as provided under Section 9.13 (4) of this Code. (b) EXEMPTIONS. This Section will not apply to any automobile sales or repair business operating in a properly zoned area for such business and provided that there is upon such premises an inside storage area sufficient to accommodate four (4) or more motor vehicles at one time. Such exempt business shall include auto junk yards, auto repair shops or accessory, parts, tire and/or battery sales stores. (c) ENFORCEMENT AND REMOVAL. 1. Any vehicle in violation of this Section is subject to removal and impoundment as set forth herein. 2. The owner of any vehicle in violation of this Section and/or the owner of any property on which said vehicle is located shall be given written notice from the City stating that a violation of this Section has occurred and that said owner be directed to abate the condition. Owner refers to owner of the vehicle or owner of the property on which said vehicle is located. The notice shall be in writing and sent by certified mail to the owner of record as such owner can be ascertained by the exercise of reasonable diligence, and also to the owner of the private property as showed on the tax assessment record for the City of Edgerton. Said notice shall give the owner of the motor vehicle and of the private property 72 hours to abate the violation. No person, after having received notice that a violation has occurred, any move the vehicle to any other street, public property or private property on which the location of the vehicle would constitute a violation of this Section. 3. If a violation is not corrected by the expiration of the 72 hour notice herein specified, the Police Department shall place a notice in a conspicuous place on the motor vehicle and on the property where the vehicle is located specifying that unless the vehicle is removed to a lawful place of storage within 48 hours following the affixing of the notice, the vehicle will be removed under authority of this Section. The notice shall indicate the date and time the notice is placed. 4. If said vehicle is not removed within the period affixed, the Chief of Police or any member of the Edgerton Police Department designated by him is hereby authorized to cause said vehicle to be removed to a suitable place of impoundment. If removed, said vehicle shall be impounded and disposed of pursuant to Section 342.40 Wisconsin Statutes. The owner of any abandoned or disabled motor vehicle except a stolen vehicle is responsible for any and all costs of impounding and disposing of the vehicle including towing and storage charges, in addition to any fines or forfeitures imposed a s a result of a conviction for a violation of this Section of the Code of General Ordinances for the City of Edgerton.

SECTION 9.12 NEIGHBORHOOD ELECTRICAL VEHICLES PERMITTED.


This section is adopted pursuant to the authority set forth in Wis. Stats. 349.26 and adopted for the protection of the public health, benefit and welfare of the city. (1) DEFINITIONS AND REQUIREMENTS (a.) NEIGHBORHOOD ELECTRIC VEHICLES (NEV) means a self-propelled motor vehicle that has successfully completed the Neighborhood Electric Vehicle America test program conducted by the federal department of energy and that conforms to the definition and requirements for low speed vehicles as adopted in the Federal Motor Vehicle Safety Standards for "low-speed vehicles" under 49 CFR 571.3(b) and 571.500. (b.) NEVs shall be four-wheeled and have a speed range of at least 20 miles per hour and not more than 35 miles per hour on a paved surface and have a gross vehicle weight at rest of less than 2,500 pounds. NEV does not include an electric golf cart and shall be equipped with the following: 1. Headlamps. 2. Front and rear turn signals. 3. Stop lamps.

4. Reflex reflectors: one red on each side as far to the rear as practicable, and one red on the rear (three total).
6

Traffic, Parking, Snowmobile and Automobile Regulations Amended 03/2012

5. An exterior mirror mounted on the driver's side and either an exterior mirror on the passenger side or an interior rearview mirror.
6. Parking brakes.

7. A windshield that conforms to the requirements of the federal motor vehicle safety standard on glazing materials (49 CFR 571.205).
8. A vehicle identification number (VIN) that complies with federal law (49 CFR 565). 9. A Type 1 or Type 2 seatbelt assembly conforming to 49 CFR 571.209 and Federal Motor Safety Standard No. 209, for each designated seating position. 10. Meets the general test conditions under 49 CFR 571.50056. (2) PERMITTED USERS OF NEIGHBORHOOD ELECTRIC VEHICLES. To use an NEV on city streets meeting the criteria set forth in (a) above, the individual driver must have a valid Wisconsin Driver's license. (3) PERMITTED USE OF NEIGHBORHOOD ELECTRIC VEHICLES ON CITY STREETS. Any driver meeting the requirements of subsection (2) above, may operate a licensed NEV on the city streets having a posted speed limit of 35 miles per hour or less. Headlamps must be on at all times during operation on city streets. (4) OPERATION OF NEIGHBORHOOD ELECTRIC VEHICLES. NEVs shall comply with all state and local traffic laws, including but not limited to chapter 70 of the city Code of Ordinances, and owners and operators of NEVs shall be subject to citations and forfeitures for any such violation. Electrical cords, connections, or other charging devices shall not cross public land such as a sidewalk, terrace, street, etc. (5) LICENSE. Neighborhood Electric Vehicles shall be licensed by the Wisconsin Department of Transportation. (6) ENFORCEMENT Any person who violates any provision of this section shall be subject to forfeiture as provided in this chapter. (7) SEVERABILITY. If any portion of this ordinance, or its application to any person or circumstances, is held invalid, the validity of this section as a whole, or any other provision herein and its application to other persons or circumstances, shall not be affected.

SECTION 9.13 PENALTIES.


(1) Any person violating Section 9.01. 9.02, 9.09, or 9.10, as said Section conforms to provisions of Chapters 341 to 348 and Chapters 350 of the Wisconsin Statutes, shall forfeit an amount that will conform to the forfeitures for violation of the comparable State Statute, including any variations or increases enacted subsequent to the passage of this ordinance. (2) PARKING PENALTY. Any person who shall violate Section 9.03 of this Code shall forfeit Ten Dollars ($10). Any person who shall violate Section 9.03 (i) and (j) shall forfeit twenty dollars ($20), together with costs of prosecution and in default of payment of any forfeiture, together with costs of payment, may be confined to the county jail until forfeiture and costs are paid, but not exceeding five (5) days or may have their drivers license suspended or the court may impose any other penalty as provided by State Statute. (3) Any person violating any other section of Chapter IX not covered by (1) or (2) above, shall forfeit not less than twenty five dollars ($25) nor more than five hundred dollars ($500) together with the cost of prosecution, penalty assessments and other costs added thereon as set forth in the Wisconsin Statutes. (4) Failure to pay any forfeiture together with the cost of prosecution and other costs added thereon within the time set for said payment by the municipal court of the City of Edgerton may result in imprisonment in the county jail until said forfeiture and costs are paid but not exceeding sixty (60) days or may have their

Traffic, Parking, Snowmobile and Automobile Regulations Amended 03/2012

driver's license suspended or the court may impose any other penalty as provided by State Statute. Each day shall constitute a separate violation.

SECTION 9.14 MISCELLANEOUS TRAFFIC PROVISIONS. School bus operators shall use
flashing red warning lights in a residence or business district when pupils or other authorized passengers are to be loaded or unloaded at a location at which there are no traffic signals. UNIFORM FINES & PENALTIES ORD. 9.01 9.02 PROVISION State Traffic Rules State Motor Vehicle Equipment Rules ORD. MAX. State Bond Schedule State Bond Schedule

Illegal Parking: 9.03(1)(a-h) 9.03(1)(i) 9.03(1)(j) 9.03(2) 9.10 9.11 9.12 ...in prohibited areas 9.13(2) ...during snow removal 9.13(2) ...on roadway after snowfall 9.13(2) ...on Streets 9.13(2) Improper Use/ Snowmobiles 9.13(2) Abandon/disable Vehicle 9.13(2) Neighborhood electric vehicles 9.14(4) $25 $50 $50 $25 $500 $500 $50-$500

Streets And Sidewalks Amended 06/2012

CITY OF EDGERTON MUNICIPAL CODE CHAPTER 10 STREETS AND SIDEWALKS


SECTION 10.01 OFFICIAL MAP.
(1) PURPOSE. To preserve and promote the public health, safety, convenience, and general welfare; to provide for an orderly, safe and economical expansion of the developed area of the community; and to facilitate adequate provision for transportation, parks, and playgrounds. (2) ESTABLISHMENT. (a) There is hereby established an Official Map of the City of Edgerton, showing the names, locations and widths of streets, highways, parkways, and locations and extents of parks, and playgrounds. Such an Official Map consists of sheets showing the location and width of streets within the City limits and into the adjacent unincorporated area over which the City can exercise extraterritorial jurisdiction in accordance with Section 236.03(2) Wisconsin Statutes. (b) This map is hereby made a part of this ordinance and all notations, references and other information shown thereon shall be as much a part of this ordinance as though the matters and information were fully described herein. (c) There shall be a certified copy of the Official Map which shall be kept in the office of the City Administrator, and shall be available for inspection by any interested person during regular office hours. The certified copy shall bear on its face a certification that it is a true copy of the Official Map and shall show the date of the adoption of this Ordinance and shall be signed by the Mayor and countersigned by the City Administrator. Thereafter, no change or addition to such Official Map shall become effective until it is indicated by the appropriate convention on the certified copy of the Official Map and a certificate placed thereon or attached thereto bearing the number and date of adoption of the amending ordinance. The certificate shall be signed by the Mayor and countersigned by the City Administrator. (3) EFFECT. (a) The Official Map is intended to be final and conclusive with respect to the location and width of streets, highways and parkways and the location and extent of parks and playgrounds. (b) The placing of any street, highway, parkway, park or playground line or lines upon the Official Map shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street, parkway, park or playground, or the taking or acceptance of any land for such purposes. (4) CHANGES AND ADDITIONS. (a) The Common Council may, whenever as often as it may deem it for the public interest change or add to the Official Map so as to establish the exterior lines of planned new streets, highways, parkways, parks, or playgrounds or to widen, narrow, extend or close existing streets, highways, parkways, park or playgrounds. (5) PROCEDURES. (a) Before making such an addition or change, the Common Council shall refer the matter to the City Plan Commission for report thereon. (b) The City Plan Commission shall make a report and recommendation upon the proposed change to the Common Council within 60 days. (c) The Common Council shall hold a public hearing on such change or addition at which interested parties and citizens shall have an opportunity to be heard. Notice of the public hearing shall be published as a Class 2 Notice, under Chapter 985, Wisconsin Statutes. (d) Such additions and changes when adopted and added to the certified copy of the Official Map shall become a part of the Official Map of the City of Edgerton, and shall be deemed to be final and conclusive with respect to the location and width of the streets, highways, and parkways and the location and extent of parks and playgrounds shown thereon. (e) The locating, widening, or closing, or the approval of the locating, widening, or closing of streets, highways, parkways, parks or playgrounds by the City under provisions of law other than this section

Streets And Sidewalks Amended 06/2012

shall be deemed to be a change or addition to the Official Map, and shall be subject to the provisions of this section. (f) Changes or additions made by a subdivision plat approved by the City under Chapter 236 Wisconsin Statutes shall not require a public hearing if the changes or additions do not affect any land outside the platted area. (6) MUNICIPAL IMPROVEMENTS. No public sewer or other municipal street utility or improvement shall be constructed in any street, highway, or parkway until such street, highway, or parkway is duly placed on the Official Map. (7) BUILDING PERMITS. (a) For the purpose of preserving the integrity of the Official Map, no permit shall be issued for any building in the bed of any street, highway, or parkway shown on the Official Map. No permit for the erection of any building shall be issued unless a street, highway, or parkway giving access to such proposed structure has been duly placed on this map. (b) The Building Inspector shall require each applicant to submit a plot plan (unless the site is a lot in a recorded subdivision or certified survey plat) showing accurately the location of any proposed building with reference to adjacent streets, highways, or parkways shown on the Official Map. (c) The Building Inspector shall grant or deny the application within 30 days of proper submission, unless such time period is extended by agreement with the applicant. (8) APPEALS. The Board of Appeals shall have the power to grant relief from the requirements of this Ordinance in accordance with the provisions of Section 62.23(6)(d), (f), and (g) of the Wisconsin Statutes. (a) Before taking any action authorized in this section, the Board of Appeals shall hold a public hearing at which time all interested parties shall have an opportunity to be heard. At least 15 days before the hearing, notice of the time and place of the hearing shall be published as a Class 1 notice, under Chapter 985, Wisconsin Statutes. (b) Permits granted by the Board shall, as little as practicable, increase the cost of opening such street, highway, or parkway or tend to cause a change in the Official Map. (c) The Board may impose reasonable requirements as a condition of granting a permit; such requirements shall be designed to promote the health, safety or general welfare of the community and protect any future street, highway or parkway layout. (d) The Board shall refuse a permit where the applicant will not be substantially damaged by placing his building outside the mapped street, highway or parkway. (e) Decisions of the Board of Appeals relating to the Official Map shall be subject to judicial review in the same manner as its decisions relating to zoning regulations. (9) ENFORCEMENT. It shall be the duty of the City Building Inspector and the Chief of Police to enforce the provisions of this Ordinance. (10) PENALTIES. Any person, firm or corporation who fails to comply with the provision of this Ordinance shall, upon conviction thereof, forfeit not less than $500 Dollars and costs of prosecution for each violation and in default of payment of such forfeiture and costs may be imprisoned in the County Jail until payment thereof, but not exceeding thirty (30) days or may have their drivers license suspended or the court may impose any other penalty as provided by State Statute. Each day a violation exists or continues shall constitute a separate offense. No damages shall be allowed for the taking by any governmental agency for street, highway, or parkway purposes of any building erected in violation of this Code.

SECTION 10.02 STREET NAME AND BUILDING NUMBERING SYSTEM.


(1) The names of all streets within the City as indicated on the latest approved map or maps labeled "Official Street Name and Building Numbering System" on file in the City Hall, are hereby confirmed as the names of the streets as indicated on such map or maps except as otherwise provided in this chapter. (2) There is hereby established a uniform system of numbering houses and buildings fronting on all streets, avenues and public ways in the City, and all houses and buildings shall be numbered in accordance with the provisions of this section.

Streets And Sidewalks Amended 06/2012

(3) Fulton Street shall constitute the base line for numbering along all streets running north and south. Main Street shall constitute the base line for numbering east and west. (4) The numbering for each street shall begin at the base line. The numbers within the first block shall be from 0 to 99, within the second block from 100 to 199, etc. There shall be assigned 100 numbers to each block, square or space that would be one block or square if streets each way were so extended as to intersect each other, and one number shall be assigned to each 20 feet of frontage. In blocks or equivalent space longer than 1000 feet which is not intersected by a street, the total length of such space divided by 50 shall be used to determine the feet of frontage assigned to each number. (5) All lots and houses in the city shall be numbered consistent with the master city map. (6) All streets not extending through to the base line shall be assigned the same relative numbers as if the said street had extended to the said base line. (7) The Common Council has caused a survey to be made and there is hereby assigned to each house and building located on any street, avenue, alley or highway in said City, its respective number under the uniform system provided for in this section, as shown on the map entitled "Official Street Naming and Building Number System for the City of Edgerton," which map is made a part of this section. The owner, occupant or agent shall place or cause to be placed upon each house or building controlled by him the numbers assigned under the uniform system provided for in this section. (8) Where only one number can be assigned to any house or building, the owner, occupant or agent of such house or building who shall desire distinctive numbers for the upper and lower portion of any such house or building, or for any part of such house or building fronting on any street, may use the suffix "A", "B", "C", etc., as may be required. (9) For the purpose of facilitating correct numbering, a copy of the map showing the proper numbers of all lots or houses fronting upon all streets, avenues or highways shall be kept on file in the office of the City Administrator. This map shall be open to inspection by all persons during the office hours of the Administrator. (10) The City Administrator shall inform any party applying therefor, of the number belonging to or embraced within the limits of said lot or property as provided in this section. In case of doubt as to the proper number to be assigned to any lot or building, the Administrator shall determine the number of such lot or building. (11) Whenever any house, building or structure shall hereafter be erected or located in the City, the owner shall procure the correct number or numbers so assigned upon said building as provided by this section. No building permit shall be issued for any such house, building or structure until the owner has procured from the Administrator the official number of the premises. (12) All police officers of the City shall report the violation of any provisions of this section. (13) If the owner or the occupant of any building required to be numbered by this section shall neglect for more than 30 days to duly attach and maintain the proper number on such building, the City Administrator shall serve upon him a notice requiring such owner or occupant to properly number the same, and if he neglects to do so for 10 days after the service of such notice, he shall be deemed to have violated this section. (14) The City Administrator shall have all future City plats and annexations, after approval by the Council, immediately noted on the Official Street Name and Building Numbering Map or maps with the same system of house numbering as is used on the present official map.

SECTION 10.03 STREET SIGNS.


There shall be posted in a conspicuous place, and at opposite corners of every street intersection, one or more street signs plainly and legibly designating the names of the streets so intersecting, in accordance with the designations made on the Street Map mentioned in the preceding section.

SECTION 10.04 IMPROVEMENTS TO BE MADE ACCORDING TO PLANS AND SPECIFICATIONS.


All streets and alleys shall be opened, graded, changed, graveled, macadamized, paved, worked or improved, and all sidewalks shall be built and constructed or rebuilt, and all sewers and drains in public

Streets And Sidewalks Amended 06/2012

streets, alleys and public grounds, all bridges and all other public works of any kind whatever, in any streets, sidewalks or other public grounds, shall be built, constructed, erected, as the case may be, or completed according to the plans and specifications therefor adopted, which plans and specifications shall be kept on file in the office of the City Administrator. Such work shall be done in the manner and of the materials in such specifications prescribed and not otherwise. No bids or proposals for the doing or performing of any of the work mentioned shall be called for, nor any contract therefor let or awarded nor work thereon commenced until such plans and specifications have been adopted by the Common Council and filed in the office of the City Administrator for inspection by any person or persons concerned.

SECTION 10.05 MINIMUM ACCEPTANCE STANDARDS.


The following shall constitute minimum requirements for the acceptance of City roads and streets by the Common Council: (1) The subdivider or owner desiring acceptance of a City road shall first submit profile maps prepared by a competent engineer or surveyor and obtain approval of the established grades on all of the proposed roads prior to proceeding with any grading. Culvert size and length to be shown on profile. (2) The length and size of all culverts shall be determined by the engineer at the time of approval of the established grades. (3) All roads shall be a minimum of 65 feet in width. All roads shall be graded from lot line to lot line. (4) Roads shall be surfaced with 5 inches of #2 crushed stone on top of which shall be 5 inches of 3/4 crushed gravel 24 feet wide; provided, the Common Council, at its discretion, can require paving and set the standards for such paving. (5) On dead end roads a turn-around or cul-de-sac of not less than 120 feet in diameter shall be provided unless otherwise recommended by the City Engineer and Plan Commission, and approved by the City Council. (Ord. 96-10) (6) Top soil, mucky soil, peat and unstable material shall be removed below the subgrade of roads and replace with suitable, sound fill materials. (7) Side slopes shall be covered with top soil, prepared, seeded or sodded, fertilized, watered and maintained prior to acceptance by the Common Council. (See Section 10.06 for seeding and sodding specifications). (8) When grading, operations are completed on any City road and prior to the placement of any gravel, the Common Council shall be notified 7 days in advance to inspect the site and determine the type of treatment required to maintain slopes. (9) An abutment of mortared stone or reinforced concrete shall be constructed at each end of all culverts. (10) The subdivider or owner shall be assessed the cost of 50 cents for each lineal foot of roadway in any subdivision before the final plat is approved. (11) Before final acceptance of any City road the owner must furnish sufficient proof to the Common Council, as the Common Council may require, that all costs for road construction have been paid for by said owner and that such road has been constructed in a workmanlike manner. (12) Street signs, culvert posts and guard rails, as required by the Common Council, shall be obtained and placed by the City, the cost of which shall be paid by the subdivider. (Note: See also Subdivision Control Ordinance, Chapter 23)

SECTION 10.06 SEEDING AND SODDING FOR STREETS.


(1) SODDING. This work shall consist of the furnishing and laying of live sod on the shoulders, slopes, ditches, or other locations as designated. The sod shall consist of a dense, well-rooted growth of permanent and desirable grasses, indigenous to the general locality where it is to be used, and shall be practically free from weeds or undesirable grasses. At any time the sod is cut, the grass on the sod shall have a length of approximately 2 inches, and the sod shall have been raked free from debris. The sod shall be cut to such size and sufficient uniform thickness and have ample moisture content as is practicable.

Streets And Sidewalks Amended 06/2012

Prior to sodding, the earth bed upon which the sod is to be placed shall be of such quality, depth and character to maintain vigorous growth or as required by the Council. The sod hall be laid, maintained, fertilized, watered, staked, top dressed, etc., consistent with standard methods or as the Common Council shall desire. (2) SEEDING. This work shall consist of preparing seed beds and furnishing and sowing the required seed on slopes and terraces and such areas as are ordered to be seeded by the Common Council or engineer in accordance with the requirements of the specifications. All seed shall be of high quality and vitality and shall conform to the requirements of the "Seed Law" of the State of Wisconsin regarding noxious weed seed content and shall be used before date of expiration and sowed at the rate of 1.5 pounds per 100 square yards. Top soil of suitable quality shall be spread to a minimum thickness over the area determined by the Common Council. Prior to seeding the top soil shall be prepared, fertilized, and after seeding the area shall be watered, protected and maintained as the Common Council shall require.

SECTION 10.07 ROADSIDE VENDORS.


No person shall set up or maintain any stand, automobile, truck or any other vehicle, nor shall he attempt to sell any produce, product or thing within the City without first providing adequate off the highway parking. Adequate off highway parking shall be defined as sufficient space to park a minimum of 5 motor vehicles not closer than 10 feet to the main traveled portion of the roadway.

SECTION 10.08 STREET AND SIDEWALK GRADES.


(1) ESTABLISHMENT. The grade of all streets, alleys, and sidewalks shall be established by resolution by the Common Council and the same recorded by the City Administrator in his office. No street, alley or sidewalk shall be worked until the grade is established. (a) MECHANIC, SWIFT, HENRY, MAIN AND FULTON STREETS. The streets in the City of Edgerton bearing the names of Mechanic, Swift, Henry, Main and Fulton shall be graded and made to conform to and agree with the profile. (b) SWIFT STREET FROM ROLLIN STREET TO SAUNDERS CREEK. The grade of the center line of the pavement on Swift Street at the end of the pavement on Rollin Street shall be at an elevation of 94.7. At station 100 feet northeast from first named point elevation 92.4. At station 200 feet northeast from first named point elevation 90.8. At station 300 feet northeast from first named point elevation 90.6. At station 400 feet northeast from first named point elevation 90.4. At station 461 feet northeast from first named point elevation 90.3. Grade connects station 461 to bridge with a vertical curve. All the above elevations refer to assumed datum of 91.43 top of hydrant at the corner of Swift and Park Lane. (2) ALTERATION OF GRADE BY PERMIT ONLY. No person shall alter or cause or allow to be altered the grade of any street, alley, sidewalk or public ground, or any part thereof, in the City of Edgerton by any means unless authorized or directed to do so by the Common Council and until he receives a permit from the City Administrator. All such alterations of grade shall be done in a workmanlike manner and

Streets And Sidewalks Amended 06/2012

shall be paid for by the permittee. All alterations of grade shall be recorded in the office of the City Administrator. (3) PERMIT FEES. The fee for the permit required by this section is listed at end of this chapter under Fees. (4) INSPECTION. Within 48 hours of the completion of the work, the permittee shall notify the Building Inspector or City Administrator of such completion and the Building Inspector shall, within a reasonable period of time, inspect such work to see that it conforms to this section. If it does not conform, the permittee promptly shall correct the work or the Building Inspector may proceed according to subsection (5) of this section. (5) PENALTIES. Any grade of any street, alley, and sidewalk established or altered in violation of this section or resolutions adopted pursuant to this section shall be deemed to be unlawful and the City Administrator or Building Inspector or other officer designated by the Common Council or any person injured by such act may bring action against the permittee, owner, or other responsible person to enjoin such establishment or alteration of grade or any institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent or enjoin or abate or remove such unlawful action. In addition, the violator may be penalized as provided in Section 10.24 of this Code.

SECTION 10.09 SIDEWALK CONSTRUCTION AND REPAIR.


(1) OWNER TO CONSTRUCT. The owner of the abutting land shall have the duty to repair, construct and perpetually maintain sidewalks, in a workmanlike manner, along or upon any street, alley or highway in the City of Edgerton and shall pay the entire cost thereof. Whenever the Common Council shall by resolution determine that a sidewalk be laid, rebuilt, repaired, lowered or raised along or upon any public street, alley or highway within the City of Edgerton, it shall proceed according to Section 66.615 of the Wisconsin Statutes and may, among its other powers, establish the width, determine the thickness, specify the type of pavement to be used and the method of construction and these standards it sets may be different for different streets. Whenever any owner shall neglect, for a period of 20 days of service of notice upon him according to Section 66.615 of the Wisconsin Statutes, to lay, remove, replace or repair any such sidewalk the Common Council may cause such work to be done at the expense of the owner. All work for the construction of sidewalks shall be let by contract to the lowest responsible bidder except as provided by Section 62.15(1), Wisconsin Statutes. (2) PERMIT REQUIRED. No person shall lay, remove, replace, or repair any public sidewalk within the City of Edgerton unless he is under contract with the City to do such work or has obtained permission from the Common Council and a permit for the City Administrator. (3) PERMIT FEE. A fee shall be charged for each permit issued. See Fees at end of this chapter. (4) INSPECTION. Within 48 hours after completion of the work, the owner of the abutting lands shall notify the City Administrator or Building Inspector of such completion and the Building Inspector shall inspect such work within a reasonable time to see that it conforms to this section. If it does not conform, the owner promptly shall correct the work, or cause it to be corrected, or he shall be subject to the penalties in Section 10.09(5) of this code. (5) PENALTIES. Any sidewalk built, repaired, constructed, altered or maintained in violation of this section or resolutions adopted pursuant to this section shall be deemed to be unlawful and the City Administrator or Building Inspector or other officer designated by the Common Council or any person injured by such act may bring action against the permittee, owner, or other responsible person to enjoin such unlawful action or may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent or enjoin or abate or remove such unlawful action. In addition, the violator may be penalized as provided in Section 10.24 of this Code.

SECTION 10.10 DRIVEWAY CONSTRUCTION AND REPAIR.


6

Streets And Sidewalks Amended 06/2012

(1) APPROVAL REQUIRED. No person shall construct, alter, repair, or maintain any driveway across any sidewalk or curing without first obtaining a permit from the Public Works Director. The permit fee is listed at the end of this chapter. (Ord. 97-29) (2) SPECIFICATIONS FOR DRIVEWAY CONSTRUCTION. (a) WIDTH. See section 22.402(10) (b) INTERFERENCE WITH INTERSECTIONS PROHIBITED. See Section 22.402. (c) INTERFERENCE WITH STREETS. No driveway apron shall extend into the street further than the face of the curb and under no circumstances shall such driveway apron extend into the gutter area. All driveway entrances and approaches shall be so constructed that they shall not interfere with the drainage of streets, side ditches or roadside areas or with any existing structure on the right-of-way. When required by the Public Works Director to provide for adequate surface water drainage along the street, the property owner shall provide any necessary culvert pipe at his own expense. (d) NUMBER OF DRIVEWAY APPROACHES LIMITED. See section 22.402(3). (Ord. 97-29) (e) WORKMANSHIP AND MATERIALS. All driveway entrances and approaches which are constructed across sidewalks shall be paved from sidewalk to curb line in accordance with the requirements for sidewalks construction in Section 10.09 of this code insofar as such requirements are applicable, including thickness and other standards established by the Common Council. (f) PERMITTEE LIABLE FOR COSTS AND DAMAGE FOR INJURY. The permittee shall pay all costs of and shall assume all responsibility for any injury or damage to persons or property resulting directly or indirectly during the construction or repair of driveway approaches or entrances. When curb or gutters are removed, the new connection shall be of equivalent acceptable material and curb returns provided or restored in a neat, workmanlike manner. Driveway surfaces shall connect with the street pavement and sidewalk in a neat, workmanlike manner. Any sidewalk areas which are damaged or are inadequate by reason of vehicle travel across the sidewalk shall be replaced in accordance with the requirements of Section 10.09 of this code. (Ord. 97-8). (3) INSPECTION. Within 48 hours after completion of the work, the owner of the abutting lands shall notify the City Administrator or Building Inspector of such completion and the Building Inspector shall inspect such work within a reasonable time to see that it conforms to this section. If it does not conform, the owner promptly shall correct the work, or cause it to be corrected, or he shall be subject to the penalties provided in Section 10.10(4) of this code. (4) PENALTIES. Any driveway built, repaired, constructed, altered or maintained in violation of this section or resolutions adopted pursuant to this section shall be deemed to be unlawful and the City Administrator or Building Inspector or other officer designated by the Common Council or any other person injured by such act may bring action against the permittee, owner, or other responsible person to enjoin such unlawful action or may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent or enjoin or abate or remove such unlawful action. In addition, the violator may be penalized as provided in Section 10.24 of this Code.

SECTION 10.11 STREET AND SIDEWALK EXCAVATIONS AND OPENINGS.


(1) PERMIT REQUIRED. No person shall make or cause to be made an excavation or opening in any street, alley, highway, sidewalk or other public way within the City of Edgerton without first obtaining a permit for such excavation. The permit fee is listed at the end of this chap. (2) UTILITY EXCAVATION. Notwithstanding anything contained herein to the contrary, the Common Council, upon application of any public utility, may issue a permit for all anticipated excavations for a calendar year; provided, however, that the issuance of such permit shall be conditioned upon the utility providing written notice to the City Administrator at least 24 hours prior to making or causing to be made any excavation or opening. (3) BOND. Before a permit for excavating or opening any street or public way may be issued, the applicant must execute and deposit with the City Administrator a corporate indemnity bond, issued by a surety company authorized to do business in Wisconsin and approved by the Mayor, in the sum of $5,000,000.00, or in lieu of the indemnity bond a certificate of insurance providing satisfactory evidence that he has in force and will maintain during the life of the permit and period of excavation, public

Streets And Sidewalks Amended 06/2012

liability insurance of not less than $100,000.00 for one person, $300,000.00 for one accident and property damage insurance of not less than $50,000.00 Such indemnity bond or certificate of insurance shall be conditioned that the applicant will indemnify and save harmless the City of Edgerton and its officers from all liability for accidents and damage caused by any of the work covered by his permit, and that he will fill up and place in good and safe condition all excavation and openings made in the street, and will replace and restore the pavement over any opening he may make with the same materials and to the same condition in which he found it, and keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the Director of Public Works for a period of one year, and that he will pay all fines imposed upon him for any violation of any rule, regulation or ordinance governing street openings or drain laying adopted by the Common Council, and will repair any damage done to existing improvements during the progress of the excavation in accordance with the ordinances, rules and regulations of the City. Such bond or certificate of insurance shall also guarantee that if the City shall elect to make the street repair, the person opening the street will pay all costs of making such repair and maintaining the same for one year. Recovery on such bond or insurance for any accident, injury, violation of law, ordinance, rule or regulation shall not exhaust or reduce the principal of the bond but it shall cover any and all accidents, injuries or violations related to the excavation in any way during the period of excavation for which it was given and for one year after completion of the back-filling of the excavation for the full amount of the bond. An annual bond or certificate of insurance may be give under this section covering all excavation work done by the principal for one year beginning January 1, which shall be conditioned as specified above and in the amount determined by the Common Council as necessary to adequately protect the public and the City. (4) REGULATION GOVERNING STREET AND SIDEWALK OPENINGS. (a) DAMAGE. Before the excavation is started the person doing the work shall obtain full information on all existing underground structures, piping, conduits, etc. No excavation shall be carried on with a mechanical digger closer than two feet from such underground structures or piping. The actual work of exposing the structures or piping shall be done by hand and extreme care shall be exercised so as not to injure such piping or structures. Should any damage be done to such piping or structures, it will be at the expense of the person or firm holding the permit to excavate in the public street. (b) FROZEN GROUND. No opening of streets or sidewalks for any purpose shall be permitted when the ground is frozen, except where necessary as determined by the Director of Public Works. (c) REMOVAL OF PAVING. In opening any street or other public way, all paving or ballasting materials shall be removed with the least possible loss of or damage to surfacing materials; such materials together with the excavated material from trenches shall be hauled away or placed so as to cause the least practicable inconvenience to the public and so as to permit free flow of water along gutters. (d) PROTECTION OF PUBLIC. Every person shall enclose with sufficient barriers each opening which he may make in the streets or public ways of the City. All machinery and equipment shall be locked or otherwise effectively safeguarded from unauthorized use when not being used by the permittee, his agents or employees. Red lights or torch lamps shall be kept burning from sunset to sunrise, one red light or torch lamp to be placed at each of the opening in the street or way and other lights sufficient in number and properly spaced to give adequate warning. Except by special permission from the Director of Public Works no trench shall be excavated for a distance of more than 250 feet beyond the point where pipe has been laid nor shall any excavation be left unfilled for more than 500 feet after the pipe has been laid. All necessary precautions shall be taken to guard the public from accidents or injury to persons or damage to property through the period of the work and

Streets And Sidewalks Amended 06/2012

(5)

(6)

(7)

(8)

(9)

for one year thereafter. Each person making such opening shall be liable for all damages which may be recovered including costs plus attorneys fees incurred by the City in defending any action brought against it for damages, as well as cost of any appeal including attorney fees, that may result from the neglect by such person or his employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind. The permittee agrees to save the City harmless in all respects. (e) REPLACING STREET SIGNS. In opening any street or sidewalk, the paving materials, sand, gravel and earth or other material moved or penetrated and all surface monuments or hubs must be removed and replaced in the same state and condition or position and the same relation to the remainder as before. Any excavated material which in the opinion of the Director of Public Works is not suitable for refilling shall be replaced with approved backfill material. All rubbish shall be immediately removed, leaving the street or sidewalk in perfect repair, the same to be so maintained for a period of one year. In refilling the opening, the earth must be puddled or laid in layers not more than six inches in depth and each layer rammed, tamped or flushed to prevent after settling. When the sides of the trench will not stand perpendicular, sheathing and braces must be used to prevent caving. The City may elect to have the City make the pavement repair for any street or sidewalk opening, in which case the cost of making such repair and of maintaining it for one year shall be charged to the person making the street opening. EXCAVATION IN NEW STREETS LIMITED. Whenever the Common Council determines to provide for the permanent improvement or repaving of any street, such determination shall be made not less than 60 days before the work of improvement or repaving shall begin. Immediately after such determination by the Common Council, the Director of Public Works shall notify in writing each person, utility, City department or other agency owning or controlling any sewer, water main, conduit or other utility in or under said street or any real property abutting said street, that all such excavation work in such street must be completed within 60 days. After such permanent improvement or repaving, no permit shall be issued to open, cut or excavate said street for a period of five years after the date of improvement or repaving unless in the opinion of the Director of Public Works an emergency exists which makes it absolutely essential that the permit be issued. EMERGENCY EXCAVATIONS AUTHORIZED. In the event of any emergency any person owning or controlling any sewer, water main, conduit or utility in or under any street and his agents or employees may take immediate proper emergency measures to remedy dangerous conditions for the protection of the property, life, health or safety without obtaining an excavation permit; provided that such person shall apply for an excavation permit no later than the end of next succeeding business day and shall not make any permanent repairs without first obtaining an excavation permit hereunder. CITY WORK EXCLUDED. The provisions of this section shall not apply to excavation work under the direction of the Director of Public Works by City employees or contractors performing work under contract with the City necessitating openings or excavations in the City streets. INSPECTION. Within 48 hours after completion of the work, the owner of the abutting lands shall notify the City Administrator or Building Inspector of such completion and the Building Inspector shall inspect such work within a reasonable time to see that it conforms to this section. If it does not conform, the owner promptly shall correct the work, or cause it to be corrected, or he shall be subject to the penalties provided in Section 10.11(9) of this code. PENALTIES. Any excavation or opening made in violation of this section or resolutions adopted pursuant to this section shall be deemed to be unlawful and the City Administrator or Building Inspector or other officer designated by the Common Council or any person injured by such act may bring action against the permittee, owner, or other responsible person to enjoin such unlawful act or may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent or enjoin or abate or remove such unlawful action. In addition, the violator may be penalized as provided in Sec. 10.24 of this Code.

SECTION 10.12 PERMITS.

OBSTRUCTION AND ENCROACHMENTS; STREET PRIVILEGE

Streets And Sidewalks Amended 06/2012

(1) OBSTRUCTIONS AND ENCROACHMENTS PROHIBITED. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in subsection (2) of this section. (2) EXCEPTIONS. The prohibition of subsection (1) shall not apply to the following: (a) Signs or clocks attached to buildings which project not more than 6 feet from the face of such building and which do not extend below any point 10 feet above the sidewalk, street or alley. (b) Awnings which do not extend below any point 7 feet above the sidewalk, street or alley. (c) Public utility encroachments duly authorized by state law or the Common Council. (d) Goods, wares, merchandise or fixtures being loaded or unloaded which do not extend more than 3 feet on the sidewalk, provided such goods, wares, etc., do not remain thereon for a period of more than 2 hours. (e) Temporary encroachments or obstructions authorized by permit under subsection (3) of this section. (f) Excavations and openings permitted under Sec. 10.22. (3) STREET PRIVILEGE PERMIT. (a) WHEN REQUIRED. Permission for the use of the streets, alleys, sidewalks or other public ways or places of the City may be granted to applicants by the Common Council, and a permit obtained from the City Administrator for the purpose of moving any building or structure or of encumbering the street, alley, sidewalk or way with materials necessary in and about the construction or demolition of any building or structure, provided such applicant has complied with the other requirements of this subsection and has obtained a building permit if required by Chapter 20 of this code. The fee for such permit is listed at the end of the chapter. (b) BOND. Unless waived by the Common Council, no street privilege permit shall be issued until the applicant shall execute and file with the City Administrator a bond in an amount determined by the Common Council, conditioned that the applicant will indemnify and save harmless the City of Edgerton from all liability for accidents or damage caused by reason of operation under said permit and will remove such encumbrance upon termination of the operations and will leave the vacated premises in a clean and sanitary condition and repair any and all damage to the streets, alleys, sidewalks or public property of the City resulting from such building or moving operations. (c) CONDITIONS OF OCCUPANCY. The permission to occupy or obstruct the streets, alleys, sidewalks or public grounds is intended only for use in connecting with the actual erection, alteration, repair, removal or moving of buildings or structures and shall be given upon the following terms and conditions and subject to revocation without notice by the Building Inspector for violation thereof. 1. Such temporary obstruction shall cover not more than 1/3 of any street or alley. 2. Obstructions shall be sufficiently lighted at night so as to be in full view of the public from all directions. 3. Sidewalk traffic shall not be interrupted, but temporary sidewalks of not less than 4 feet in width guarded by a closed fence at least 4 feet high on both sides may be maintained during the period of occupancy. 4. The process of moving any building or structure shall be as continuous as practicable until completed, and if ordered by the Building Inspector, shall continue during all hours of the day and night. 5. No building or structure shall be allowed to remain overnight on any street crossing or intersection or so near thereto as to prevent easy access to any fire hydrant. 6. Buildings shall be moved only in accordance with the route prescribed by the Building Inspector. 7. Upon termination of the work necessitating such obstruction, all parts of the streets, alleys, sidewalks or public grounds occupied under the permit shall be vacated, cleaned of all rubbish and obstructions and placed in a safe condition for public travel at the expense of the permittee. (d) TERMINATION. All street privilege permits shall automatically terminate at the end of 3 months from the date of issuance unless an earlier termination date is specified thereon as the direction of the City Administrator.

10

Streets And Sidewalks Amended 06/2012

(4) REMOVAL BY CITY. In addition to any other penalty imposed, if the owner or occupant of the premises adjoining any unlawfully obstructed sidewalk or street shall refuse or neglect to remove such obstruction within 24 hours after notice from the City Administrator to remove such obstruction, the City may proceed to do so and the City Administrator shall enter the cost on the next annual tax roll as a special charge against the property abutting such obstructed street or sidewalk, and such sum shall be levied and collected as other special taxes against real estate. (5) PENALTY. The penalty for violation of any of the provisions of this section shall be a penalty as provided in Section 10.24 of this Code.

SECTION 10.13 OFFENSES. It shall be unlawful and it is hereby declared unlawful:


(1) To alter or change or cause to be altered or changed the grade of any street, sidewalk, alley, park or other public grounds, except as provided in Section 10.08 of this code. (2) To interfere with, break down or remove, or cause to be interfered with, broken down or removed, any guard, protection, barrier or barricade, placed in any street, sidewalk, alley or other public ground, as a protection to the City of Edgerton against damages or the traveling public against injury, or any work or improvement against damages, except as thereunto duly authorized pursuant to Section 10.11(4)(d). (3) To throw or deposit in any streets, alleys or public grounds or in any part of Saunders Creek, any straw, filth, ashes, house dirt, rubbish, garbage or refuse including tin cans or any article or substance made of glass. (4) To allow or permit any engine, locomotive, train, or railroad car to remain or stand in, upon or across any street, highway, sidewalk or crosswalk or any part thereof at any time in such manners as to interfere with the free use of said street, highway, sidewalk, or crosswalk or any part thereof, by pedestrians or vehicles, for a longer period than five minutes at any time, except in case of accident rendering removal impracticable. (5) To keep or leave open any cellar door, or grating of any vault, or any excavation on or adjacent to any street or sidewalk, or to suffer or allow the same to be left or kept open. (6) To ride a bicycle or similar vehicle upon any sidewalk or any street, alley or public ground except as provided in Chapter 26 (Bicycle Regulations) or engage in playing ball or other games in any of the streets. (7) To place, deposit or scatter upon any street, alley or public grounds, any broken glass, wire, tacks, nails, rubbish or other things tending to injure any bicycle, automobile, motor car, motor truck or other vehicle. (8) To remove, take down, alter the position of, destroy, pass over or beyond any barrier erected for protecting the public while any street, bridge, alley or sidewalk is being repaired or constructed or travel with any truck or other vehicle, however propelled, over any portion of the street, bridge, alley or sidewalk closed by the erection of a barrier, or to travel on foot on any street, alley, sidewalk or bridge so as to damage the same. (9) To place in or over any gutter anything of any name or nature which shall or may obstruct the flow of water therein. (10) To permit any truck or other vehicle to haul gravel, sand, dirt or other debris therein without the same being equipped with an adequate end gate and adequate sideboards to prevent the spilling of the contents thereof onto any street in said City or to spill any gravel, sand, dirt or other debris or any liquid or hardened concrete or cement on any street in said City.

SECTION 10.14 WHEN PERMITS NOT REQUIRED.


No person having a contract with the City for doing any work on any street, sidewalk, alley, park or other public ground shall be required to obtain a written permit as in this Chapter provided, for any work explicitly covered and included in his contract.

SECTION 10.15 WARNING SIGNS REQUIRED.


Every person to whom a permit shall be granted to build, repair or remove any building, or to use any street or sidewalk for the deposit of building material, shall enclose or cause to be enclosed on all sides within or exposed to a public street, alley, sidewalk, park or other public place, any obstruction, excavation, cellar, vault, coal bin or other room, well, cistern, hole or other depression, passageway,

11

Streets And Sidewalks Amended 06/2012

trench, drain, sewer, open hole area, opening building, building material, broken up sidewalk, pavement, macadam, gravel, earth or other obstruction, by guards, fences, or barriers, at least three feet high and at night a red light or lights shall be placed and kept, so as to cast a light on such obstruction, and in case of any excavation, trench, drain, sewer, cellar, vault, cistern, well, open area, or other openings, a red light shall be placed and kept at each end as often as every fifty feet along the entire side or length thereof. And such person shall replace, rebuild, relay, or make, or cause to be replaced, built, relayed or made, in all respects as good and safe, substantial and permanent as the same was before, any street, sidewalk crosswalk, alley, park or other public ground which may have been disturbed or displaced by such excavation, trench or obstruction. (See also Section 10.11(4)(d)).

SECTION 10.16 RUBBISH AND REFUSE PROHIBITED ON SIDEWALKS AND STREETS.


(1) DEPOSITING OF RUBBISH. No person shall drop, place or sweep any paper, paper cups, paper containers, plastic or foil wrapper, bottles, cans, candy, gum, pop, beer, ice cream, other edible material or any rubbish, refuse or debris of any kind whatsoever, onto any sidewalk, gutter, street or alley in said City. (2) RESPONSIBILITY OF OWNER OR OCCUPANT. The owner, occupant or person in charge of each and every building or structure or unoccupied lot in the City of Edgerton fronting or abutting any street shall clean or cause to be cleaned the sidewalk in front of or adjoining each such home, building or unoccupied lot of debris, trash, equipment or other obstacles to the width of the sidewalk. The owner, occupant or person in charge of each and every building or structure are prohibited from sweeping paper, paper cups, paper containers, plastic of foil wrappers, bottles, cans, candy, gum, other edible material, or any rubbish, refuse or debris from sidewalks into the gutters or into the streets or alleys and are prohibited from sweeping any rubbish, refuse or other debris from any building onto any sidewalk, gutter, street or alley, but must deposit such sweeping of rubbish, refuse and other debris in appropriate waste containers. (3) PENALTY. Any person violating this section shall forfeit no less than $25.00 or more than $200.00 for each offense along with any court costs or penalty assessments.

SECTION 10.17 PROHIBITING SIGNS WITHIN THE LIMITS OF ANY STREET.


No sign shall be placed within the limits of any street or highway or between the sidewalk and traveled portion thereof except such as are necessary for the designation of street names, and for the guidance or warning of traffic or as provided in Section 66.046 of the Wis. Stat.

SECTION 10.18 SNOW AND ICE REMOVAL.


(1) RESPONSIBILITY OF OWNER OR OCCUPANT. The owner, occupant or person in charge of each and every building or structure or unoccupied lot in the City of Edgerton fronting or abutting any street shall clean or cause to be cleaned the sidewalk in front of or adjoining each such home, building or unoccupied lot of snow or ice to the width of the sidewalk within the 24 hour period immediately following a snowfall. When snow or ice has accumulated on any sidewalk, and cannot be removed through ordinary and reasonable effort, the persons herein referred shall cause the same to be sprinkled with salt or other suitable material so that the sidewalk area will not be unsafe or dangerous for use by pedestrians. (2) CITY ACTION (a) Published Notice. The Director of Public Works shall, annually, on or before October 15th and again on or before November 15th, cause to be published in the official newspaper a notice to the effect that snow or ice shall be removed from all sidewalks as provided in this chapter, and that if the same are not so removed, the City will remove the snow or ice and charge the land owner as described in this Section . (b) After 10 days from the first annual publishing of a notice given as stated in this section, the Director of Public Works shall cause all sidewalks which shall not have been cleared of snow and ice as above

12

Streets And Sidewalks Amended 06/2012

described, to be cleared upon default of the person whose duty it shall be to clear the same. Basedon a report of the charges filedbytheDirector, the City Administrator, shall charge the amount to each lot or parcel of land in front of which the expense occurred and enter such charge in the tax roll as a special tax against said lot or parcel of land, and the same shall be collected in all respects like other taxes upon real estate. (c) In the event a person whose duty it shall be to clear the snow and ice fails to do so in accordance with this Section, the Public Works Director shall serve either personally or by mail a special or additional notice requiring the removal of the snow or ice. This notice shall contain the regulations described in this section, and shall be provided one time during a winter season prior to the Public Works Director performing the work. No special or additional notice is required for subsequent violations. Failure to provide said special or additional notice does not void any action authorized by this or other sections of the code of General Ordinances. (3) DEPOSITING SNOW REMOVAL. It shall be unlawful for any person, persons or corporation to push or deposit snow from their personal driveway, sidewalk, or parking area into public streets or alleys of the City. The City may cause such deposits of snow to be removed from the street or alley and the cost of such removal shall be charged to such property owners. (4) PENALTY. Any person violating this section shall forfeit no less than $25.00 or more than $200.00 for each offense along with any court costs or penalty assessments.

SECTION 10.19 STREET AND PUBLIC TREES.


(1) DEFINITION. Any tree that has been or will be planted in the terrace along any public street, public alley, or public place, and in accordance with the provisions or the section. (2) INJURY TO PUBLIC TREES. No person, without a written permit from the Director of Public Works, shall plant, cut, prune, break, climb, injure, or remove any tree, plant, or shrub growing in a public highway, public alley, or public place, or cut, disturb, or interfere in any way with the roots of any tree, plant, or shrub on a public highway, public alley, or public place; or spray with any chemical or insecticide any tree, plant, or shrub in a public highway, public alley, public place; or place any rope, sign, poster, or other fixture on a tree in a public highway, public alley, or public place; or injure, misuse, or remove any device placed to protect such tree, plant or shrub on a public highway, public alley, or public place. (3) INTERFERENCE WITH DIRECTOR OF PUBLIC WORKS ORDERS. No person shall delay or interfere with the Director in planting, pruning, spraying, or removing of trees or shrubs living or dead, in that part of any street lying between the lot line and the curb line or in the center of side plots of boulevards in the City, or from removing stone, cement, lumber, or other substance placed against a tree or shrub in any public place in said City. (4) TREE PLANTING PERMIT PREQUIRED. No person shall plant any tree upon any street lying between the lot line and the curb line without first securing a written permit from the Director and such permit, if issued, shall be subject to the following conditions and restrictions: (a) No trees shall be planted on any City street until the grade of such street has been established and cut or filled to the established grade. (b) No tree shall be planted on a street where the width of the terrace between the walk and the curb line is less than 8 feet unless approved by the Public Works Director. (c) No tree shall be planted closer than 10 feet from an intersecting street line. (d) All trees shall be placed at least 30 feet apart on lots with a frontage of less than 70 feet and not less than 35 feet apart on all other lots. (e) Where trees are permitted between walk and curb, all trees will be placed 4 feet from the outside edge of walk. (f) The following shall not be planted in the streets and alleys of the City: 1. No elm of any type until such time as one immune to Dutch Elm Disease has been developed. 2. No box elder. 3. No nut tree. 4. No willow, cottonwood, poplar, catalpa, or native honey locust. 5. No shrubs of any kind.

13

Streets And Sidewalks Amended 06/2012

(5)

(6)

(7)

(8)

(9)

(g) It is prohibited to plant trees that reach a maximum, mature height or greater than18 feet under any overhead electric wires. 1. The Director of Public Works shall maintain a list of appropriate trees that are permitted to be planted under overhead electric wires. TRIMMING OF STREET TREES. All trees planted in accordance with the provisions of this section upon any public street, public alley, or public place shall be trimmed, pruned, or removed in accordance with the standards in this section by the Department of Public Works or a tree expert hired by the City to do so. The City is not obligated to trim street trees if they comply with the following standards: (a) Branches over streets and alleys will be kept at 14 feet or above clearance height. (b) Branches over sidewalks will be kept at 9 feet or above clearance height. REMOVAL OF DANGEROUS TREES. The City shall remove all dead and dangerous trees and may replace the same with approved varieties where they can be planted in compliance with the regulations hereby established. LARGER TREES. Whenever the City decides to replace a tree under subsection (6) above, the owner or occupant of the lot or parcel or real estate upon which said tree or trees are to be planted may make application to the Director for a permit to plant a larger tree or other approved variety than the City proposes to plant. REMOVAL OF TREES AT EXPENSE OF PROPERTY OWNER. Should any property owner desire to have a street tree removed other than a dead, dangerous, or undesirable variety, it shall be removed by a tree expert or by an agent of the City at the expense of the property owner, and then, only after written permission for said removal has been obtained from the Director of Public Works. PENALTY. The penalty provision of subsection 10.24 shall apply to any violation of ordinance

SECTION 10.20 DEVELOPMENTS.

PAYMENT

FOR

PUBLIC

WORKS

IN

AND TO

NEW

All public works required as the result of a new subdivision shall be paid for in accordance with the procedure of Chapter 23 of this code.

SECTION 10.21 EXTENSION OF MUNICIPAL UTILITIES AND NEW ROADWAYS THROUGH SPARSELY OCCUPIED AND UNDEVELOPED AREAS.
Payment for the extension of municipal utilities and new roadways through sparsely occupied and undeveloped areas shall be in accordance with the procedure of Chapter 23 of this code.

SECTION 10.22 BONDING FOR PUBLIC WORKS.


Whenever the Common Council so determines, a condition precedent to the issuance of a permit under any section of this chapter of the code shall be the execution by the permittee of a bond in favor of the City in such form and in such amount as is deemed fair and reasonable to indemnify the City of Edgerton and its officers and employees from all liability for accidents and damage caused by any of the work covered by the permit, to guarantee the performance of such work in workmanlike and safe condition and in a manner that will meet the standards required for the work, to pay all fines imposed upon the permittee for any violation of any rule, regulation or ordinance governing the work to be performed, to repair any damage done to property, and to pay the City for all costs incurred by it if it becomes necessary for the City to perform some or all of the work. Recovery of such bond or bonds shall not exhaust the bond for future recoveries nor exhaust the other remedies available to the City.

SECTION 10.23 INSURANCE FOR PUBLIC WORKS.


Whenever the Common Council so determines, a condition precedent to the issuance of a permit under any section of this chapter, the permittee must furnish the City Administrator satisfactory written evidence that he has in force and will maintain during the life of the permit, public liability insurance of not less than $150,000.00 for one person, $300,000.00 for one accident and property damage insurance of not less than $50,000.00.

14

Streets And Sidewalks Amended 06/2012

SECTION 10.24 PENALTY.


Except as elsewhere provided in this Chapter, any violation of this Chapter shall be deemed to be unlawful and the City Administrator or Building Inspector or other officer designated by the Common Council or any person injured by such act may bring action against the permittee, owner, or other responsible person to enjoin such unlawful action or may institute injunction, mandamus, abatement, or any other appropriate action or proceeding to present or enjoin or abate or remove such unlawful action. In addition, the violator may be penalized as provided in Section 1.06 of this Code.

UNIFORM FINES & PENALTIES


CHAP 10.01(4) 10.08(5) 10.09 10.10 10.11 10.12 10.13 10.16 10.18 PENALTYPROVISION Noncompliance w/ Official Map Violating Established Grades Failure to Repair Sidewalk Violate Driveway Construction Rules Violate Street Opening Rules Street Encroachments Obstructing Streets Dumping Debris on Road/Sidewalk Failure to Shovel Sidewalk PENALTY SECTION 10.01(9) 1.06 1.06 1.06 1.06 1.06 1.06 1.06 10.18(3) MAXIMUM FINE $500 $200 $200 $200 $200 $200 $200 $200 $ 25

LICENSE & PERMIT FEES CHAP 10.05(10) 10.08(3) 10.09(3) 10.10(1) LICENSEORPERMIT Acceptance Fee for New Streets Permit to Alter Street/Walk Grade Permit to Repair Sidewalk Permit to Repair Driveway FEE .50/lineal foot $ 25 $ 10 $ 10

15

Streets And Sidewalks Amended 06/2012

10.11(1) 10.12(3) 10.19(4)

Permit to Excavate Street/Sidewalk Street Privilege Permit Permit to Plant Trees on Street

$ 25 $ 10 $ 5

16

Public Works Contract CR. 5/92

CITY OF EDGERTON MUNICIPAL CODE CHAPTER 11 PUBLIC WORKS CONTRACT


11.1 CONTRACTS.
All public construction, the estimated cost of which exceeds $10,000.00, shall be let by contract to the lowest responsible bidder; all other public construction shall be let as the Common Council may direct. The Common Council may also by a vote of three-fourths of all the members-elect provide by ordinance that any class of public construction or any part thereof may be done directly by the City without submitting the same for bids. (1) ESCALATOR CLAUSES. Contracts may include escalator clauses providing for additional charges for labor and materials if, as a result of general inflation, the rates and prices of the same to the contractor increase during performance of the contract. Such escalator provision shall be applicable to all bidders and shall not exceed 15 percent of the amount of the firm bid nor the amount of the increase paid by the contractor. Each bid on a contract which is to include an escalator provision shall be accompanied by a schedule enumerating the estimated rates and prices of items of labor and materials used in arriving at the bid. Only as to such items as are enumerated shall an increased charge by allowed the contractor. (2) EXCEPTION AS TO PUBLIC EMERGENCY. The provisions of Section 11.01 of this code and of Section 144.04, Wisconsin Statutes, are not mandatory for the repair and reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the Common Council, in which the public health or welfare of the City is endangered. Whenever the Common Council determines by majority vote at a regular meeting or special meeting that an emergency no longer exists, this subsection no longer applies. (3) INCREASED QUANTITY CLAUSES. Contracts may include clauses providing for increasing the quantity of construction required in the original contract by an amount not to exceed 15 percent of the original contract price.

11.2

PLANS; CONTRACT; BOND. When the work is required or directed to be let to the lowest responsible bidder, the Common Council shall prepare plans and specifications for the same, containing a description of the work, the materials to be used and such other matters as will give an intelligent idea of work required and file the same with the City Administrator for the inspection of bidders, and shall also prepare a form of contract and bond with sureties required, and furnish a copy of the same to all persons desiring to bid on the work. ADVERTISEMENT FOR BIDS.
After the plans, specifications and form of contract have been prepared, the Common Council shall advertise for proposals for doing such work by publishing a class 2 notice, under Chapter 985, Wisconsin Statutes. No bid shall be received unless accompanied by a certified check or bid bond equal to at least five percent but not more than ten percent of the bid payable to the City as a guaranty that if his bid is accepted he will execute and file the proper contract and bond within the time limited by the City. If the successful bidder so files the contract and bond, upon the execution of the contract by the City the check shall be returned. In case he fails to file such contract and bond, the amount of the check or bid bond shall be forfeited to the City as liquidated damages. The notice published shall inform bidders of this requirement.

11.3

11.4

SURETIES, JUSTIFICATION.

The sureties shall justify as to their responsibility and by their several affidavits show that they are worth in the aggregate at least the amount mentioned in the contract in property not by law exempt from execution. A certified check in an amount equal to five percent of the bid, and a provision in the contract for the retention by the City of 20 percent of the estimates made from time to time may be accepted in place of sureties.
Chap. 11 p. 1

Public Works Contract CR. 5/92

11.5

SUBSTANTIAL COMPLIANCE. If any certified check or bid bond is in substantial compliance with the minimum guaranty requirements of Sections 11.03 and 11.04, the letting authority may, in its discretion, accept such check or bond and allow such bidder 30 days to furnish such additional guaranty as may be required by said authority. Substantial compliance hereunder may be found if said check or bond is insufficient by not more than one-fourth of one percent of the bid. REJECTION OF BIDS.

11.6

The power to reject any and all bids shall exist unless expressly waived. The Common Council may reject any and all bids if, in their opinion, any combination has been entered into to prevent free competition. The Common Council may, if it be of the opinion that any of the bids are fraudulent, collusive, excessive or against the best interests of the Common Council, by resolution adopted by two-thirds of its members, reject any or all of the bids received and order the work done by the City directly under the supervision of the Common Council and the provisions of subsections (2) and (3) of Section 61.54, Wisconsin Statutes, shall apply to the performance of such work.

11.7

INCOMPETENT BIDDERS. Whenever any bidder shall be, in the judgement of the Common Council, incompetent or otherwise unreliable for the performance of the work on which he bids, the Common Council may let the work to the lowest responsible bidder, or may readvertise the same; and the failure to let such contract to the lowest bidder in compliance with this provision shall not invalidate such contract or any special assessment made to pay the liability incurred thereunder. PATENTED MATERIAL OR PROCESS. Any public work, whether chargeable in whole or in part to the City, or to any lot or lots or parcels of land therein, may be done by the use of a patented article, materials or process, in whole or in part, or in combination with articles, materials, or processes not patented, when the City shall have obtained from the owner of the patented article, materials or process, before advertising for bids upon such work as a whole, the right to use the patented article, materials or processes in the contraction of said work, and also to furnish to any contractor the patented article itself upon the payment of what the authorities of said City charged with the duty of letting a contract for such public work shall determine to be a reasonable price therefor, which price shall be publicly stated and furnished upon application to any contractor desiring to bid on said work. ALTERNATIVE PLANS AND SPECIFICATIONS. Different plans and specifications for any public work may be prepared by the proper authorities requiring the use of different kinds of materials, whether patented or not, thereby bringing one kind of article, material, or process in competition with one or more other kinds of articles, materials or processes designed to accomplish the same general purpose, and bids received for each such kind of article, material or process, and thereafter a contract let for one kind of article, material or process; provided, that before any contract is let all the bids received shall be opened, and considered before the kind of article, material or process to be used in such work shall be decided upon by the proper City authorities, and thereupon the proper City authorities shall first determine which kind of article, material or process shall be let to the lowest responsible bidder for the kind of article, material or process so selected for use in the proposed public work.
Any contract for doing public work may contain a provision requiring the contractor to keep the work done under such contract in good order or repair for not to exceed five years. The inclusion in the contract of any such provision shall not invalidate any special assessment or certificate thereof or tax sale certificate based thereon.

11.8

11.9

11.10 GUARANTY.

11.11 ESTIMATES; DEPOSIT; DEFAULT.


Chap. 11 p. 2

Public Works Contract CR. 5/92

As the work progresses under any contract for the performance of which a surety bond has been furnished, Section 66.29(9)(b), Wisconsin Statutes, shall apply. All contracts shall contain a provision authorizing the Common Council, in case of work under any contract is defaulted or not completed within the time required, to take charge of or authorize the surety to take charge of the work and finish it at the expense of the contractor and the sureties, and to apply the amounts retained from estimates to the completion of the work. In no case shall the 5 percent deposit described in Section 11.04 be returned to a successful bidder until the contract is performed but it, together with the retained amounts, shall be sued in whole or in part to complete the work. Any amount remaining from the deposit or from retained estimates after the completion of a contract shall be paid to the contractor.

11.12 STREET OBSTRUCTION.


All contractors doing any work which shall in any manner obstruct the streets or sidewalks shall put up and maintain barriers and lights to prevent accidents, and be liable for all damages caused by failure so to do. All contracts shall contain a provision covering this liability, and also a provision making the contractor liable for all damages caused by the negligent digging up of streets, alleys or public grounds, or which may result from his carelessness in the prosecution of such work.

11.13 CONTRACTS; HOW EXECUTED.


All contracts shall be signed by the Mayor and City Administrator unless otherwise provided by resolution or ordinance, and approved as to form by the City Attorney. No contract shall be executed on the part of the City until the Comptroller shall have countered the same and made an endorsement thereon showing that sufficient funds are in the treasury to meet the expense thereof, or that provision has been made to pay the liability that will accrue thereunder.

11.14 REPORT TO COMMON COUNCIL OF NONBID CONTRACTS.


Whenever the Common Council shall have provided by ordinance that any class of public work or any part thereof may be done directly by the City without submitting the same for bids as provided in Section 11.01, and any such public work shall be done in accordance with such ordinance, the Common Council shall keep an accurate account of the cost thereof, including the necessary overhead expense. Upon the completion of such work the Common Council shall compile a complete report thereof, stating in detail the items or cost and total cost of doing such work, and the City Administrator shall publish such report as part of the proceedings of the Common Council. Any member of the Common Council who fails to comply with the provisions of this section shall be liable for a forfeiture of $50.00 to be recovered as in case of other penalties.

11.15 ALTERNATIVE BIDDING PROCEDURE.


This chapter is adopted by the Common Council as a complete alternative to the requirements established by Section 61.14, Wisconsin Statutes.

Chap. 11

p. 3

Amended 12/2011

City of Edgerton Chapter 12 - Municipal Water Utility


Contents
Page CHAPTER 12 - WATER USE ORDINANCE 12.1 - Introduction and General Provisions ..................................................................................4 12.2 - Definitions ..........................................................................................................................4 12.3 - General...............................................................................................................................8 12.4 - Water Supply Service and Use ...........................................................................................9 12.5 - Deposits and Guarantees..................................................................................................12 12.6 - Protective Devices ...........................................................................................................14 12.7 - Cross-Connections ...........................................................................................................15 12.8 - Service Laterals................................................................................................................16 12.9 - Connections to the Water Service System .......................................................................19 12.10 - Repairs to Service ............................................................................................................25 12.11 - Private Well Abandonment ..............................................................................................26 12.12 - Damage To or Tampering With Water Service System ...................................................27 12.13 - Violations and Penalties ...................................................................................................28 12.14 - Powers and Authority of Inspectors ................................................................................32 12.15 - Billing Practice .................................................................................................................33 12.16 - Disconnection and Refusal of Service ..............................................................................37 12.17 - Dispute Procedures for Disconnection and/or Refusal of Service....................................41 12.18 - Revenue ...........................................................................................................................42

Amended 12/2011 12.19 - Basis for Variable Charges ................................................................................................42 12.20 - Amount of Customer Charges ...........................................................................................43 12.21 - Records Retention .............................................................................................................44 12.22 - Validity .............................................................................................................................45 12.23 - Audit .................................................................................................................................45 12.24 - Enacting Clause .................................................................................................................45

Appendix A

Public Service Commission Schedules Effective July 13, 1996

Amended 12/2011

12.1

- Introduction and General Provisions

An Ordinance regulating the use of public water mains and laterals, the installation and connection of customer water service, the use of the water supply system, and providing penalties for violations thereof; and levying and collection of water service charges and cost recovery charges, in the City of Edgerton, Counties of Rock and Dane, State of Wisconsin. This Ordinance shall supersede any previous Ordinance, rules or regulations; and shall repeal all parts thereof that may be inconsistent with this Ordinance. If there is any conflict between this Ordinance and any applicable statute, the state statute shall be controlling. Be it ordained and enacted by the City Council of the City of Edgerton, State of Wisconsin as follows: (1) MUNICIPAL WATER UTILITY. The City=s water service system shall constitute and be operated as a public utility. The utility shall be subject to all other provisions of '66.077, Wis. Stats. (Ordinance 217) Standard Specifications For Sewer and Water Construction in Wisconsin are hereby adopted by reference and incorporated into this Ordinance. Chapter Comm 82 through 87, Plumbing Code, of the Wisconsin Administrative Codes are hereby adopted by reference and incorporated into this Ordinance.

(2)

(3)

12.2

- Definitions

Unless the context specifically indicates otherwise, the following terms, as used in this Ordinance shall have the meanings hereinafter designated: (1) APPROVING AUTHORITY shall mean the authority empowered to adopt this Ordinance and any board, commission, or committee designated by it to administer and enforce the terms of this Ordinance. The Approving Authority shall be the Common Council. CITY shall mean the City of Edgerton, Rock and Dane County, State of Wisconsin. COMMERCIAL SERVICE shall mean any user whose premises are used primarily for the conduct of a profit-oriented enterprise in the fields of construction, wholesale or retail trade, finance, insurance, real estate or services, and who discharges primarily normal domestic wastewater. This definition shall also include multi-family residences having three or more units served by a single water meter. COMMISSION. The Public Service Commission of the State of Wisconsin. CROSS CONNECTION shall be defined as any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the
Foth & Van Dyke $ 4

(2) (3)

(4) (5)

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Amended 12/2011 City of Edgerton water systems, and the other, water from a private source, water of unknown or questionable safety, or steam, gases, or chemicals, whereby there may be a flow from one system to the other, the direction of flow depending on the pressure differential between the two systems. (6) CURB STOP BOX shall mean the valve box installed on customer premises or edge of customer premises for shutoff of service to the customers service line. The curb stop separates the public utility service main from the customer service lateral. CUSTOMER. The owner or occupant of premises to which water or sewer service is to be furnished. The customer at all times means that property owner or occupant at the time a contribution is to be made or refund becomes available. CUSTOMER CHARGE SYSTEM shall mean that system which generates operation and maintenance (O&M), and replacement revenues equitably for providing each user class with services. CUSTOMER CLASSES shall mean categories of customers having similar flows and water characteristics; that is, levels of biochemical oxygen demand, suspended solids, phosphorus, ammonia nitrogen, etc. For the purposes of this Ordinance, there shall be four user classes: residential, commercial, industrial, and public authority.

(7)

(8)

(9)

(10) EASEMENT shall mean an acquired legal right for the specific use of land owned by others. (11) FIXED CHARGE shall mean the portion of the water service charge based upon the number of dwelling units, the number of customer=s meters/connections to the water system and the size of the customer=s water meters serving the user. Fixed charges shall recover the cost of debt retirement and associated reserves and depreciation associated with the construction, erection, modification or rehabilitation of the water treatment facility and distribution system for customer billing. (12) INDUSTRIAL SERVICE shall mean any user employed in industrial, manufacturing, trade, or business establishments or from the development of any natural resource. Industrial user also includes any user whose premises are used primarily for the conduct of a profit-oriented enterprise in the fields of manufacturing, dairy products processing, meat processing, other food and drink products, painting or finishing operations, transportation, communications or utilities, mining, agriculture, forestry or finishing. Industrial customers are served by one master meter or by one or more smaller meters as desired by the user. (13) MASTER METER shall mean a meter serving a commercial or industrial service line located between the public water main and the first branch or tee of the customer=s water system piping.

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 5

Amended 12/2011 (14) OPERATION AND MAINTENANCE (O&M) COSTS shall mean all costs associated with the operation and maintenance of the water treatment facility and water distribution system, as well as the costs associated with periodic equipment replacement necessary for maintaining the capacity and performance of the water treatment and distribution systems. (15) OPERATOR shall mean a licensed city employee or their duly authorized representative. (16) PERSON shall mean any and all persons including any individual, firm, company, municipal, or private corporation, association, society, institution, enterprise, governmental agency, or other entity. (17) pH shall mean the logarithm (base 10) of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen-ion concentration of 10-7. (18) PUBLIC AUTHORITY shall mean any customer whose premises are used for the conduct of the legislative, judicial, administrative, or regulatory activities of federal, state, local, or international units of government; government-owned educational facilities; governmentowned health facilities; or government-owned recreational facilities. This does not include government-owned or operated business establishments.

(19) PUBLIC FIRE PROTECTION CHARGE (Alias Hydrant Rental). The Public Fire Protection Charge is one which is not directly seen by the general public, but has a significant impact on the water utility=s revenues. Water rates authorized by the PSC contain a number of special charges besides the water tariff for general water service customers. When a water system is constructed, mains, elevated storage tanks, and pumps are sized to permit flows capable of handling the water needs of the consumers as well as to provide adequate fire flows. The requirement for fire flow capability results in the construction of a larger system than that required to meet daily domestic and process uses. There is, therefore, an identifiable "cost" associated with the existence of this fire flow capability. This cost, along with the cost of hydrants and associated hardware, is the basis for the fire protection charge. (20) REPLACEMENT COSTS shall mean expenditures for obtaining and installing equipment, accessories, and appurtenances which are necessary during the service life of the pumping and treatment facility and distribution system to maintain their design capacity and performance for which the systems were designed and constructed. Operation and maintenance costs include replacement costs. (21) SERVICE shall mean the supply of potable water to customer. See also AUnit of Water Service@.

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 6

Amended 12/2011 (22) SERVICE LATERAL shall mean the portion of system located between the service main and the customer=s premises or connection point to the customers premises. (23) SERVICE MAIN shall mean any potable water mains provided by or subject to the jurisdiction of the City of Edgerton. It shall also include mains within or outside the City of Edgerton boundaries that serve one or more persons outside the City boundaries. (24) SEWER shall mean a pipe or conduit that carries wastewater or drainage water. (25) "SHALL" is mandatory, "MAY" is permissible. (26) STANDARD METHODS shall mean the examination and analytical procedures set forth in the most recent edition of "Standard Methods for the Examination of Water, Wastewater, and Industrial Wastes" published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation. (27) STORM SEWER shall mean a sewer which carries storm waters and surface drainage but which excludes wastewater. (28) SURREPTITIOUS USE OF WATER shall mean a situation where the customer is obtaining water, in whole or in part, by means of devices or methods used to stop or interfere with the proper metering of the utility service being delivered. (29) SUSPENDED SOLIDS (SS) shall mean solids that either float on the surface of, or are in suspension in water, wastewater, or other liquids, and that are removable by laboratory filtering as prescribed in "Standard Methods" and are referred to as nonfilterable residue. (30) UNIT OF WATER SERVICE. Any aggregation of space or area occupied for a distinct purpose such as a residence, apartment, flat, store, office, or factory which is equipped with one or more fixtures for rendering water service separate and distinct from other users. Each unit of service shall be regarded as one customer and the surcharge for additional customers on a meter assessed accordingly. (31) UNMETERED CUSTOMER shall mean a user who is not connected to the municipal water system thereby does not have his private water supply metered. (32) UTILITY. The Edgerton Water Utility. (33) VARIABLE CHARGE shall mean the portion of the water service charge based on the volume used. (34) WASTEWATER shall mean the spent water of a community. From the standpoint of source, it may mean the combination of the liquid and water-carried industrial or domestic wastes from dwellings, residences, commercial buildings, industrial facilities, and
CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001 Foth & Van Dyke $ 7

Amended 12/2011 institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which is discharged into or permitted to enter the City=s wastewater collection system. (35) WATER SERVICE SYSTEM shall mean an arrangement of any devices, facilities, structures, equipment, or works owned or used by the City for the purpose of the transmission, storage, treatment, or recycling of potable water, including service mains, above- and below- ground water storage tanks, water pumping stations, water supply wells, fire hydrants, power stations, and other equipment, and their appurtenances; or any extensions, improvements, remodeling, additions, and alterations thereof; and any works, including land that will be an integral part of the pumping, storage or transmission system. (36) WATERCOURSE shall mean a natural or artificial channel for the passage of water either continuously or intermittently. (37) WDNR shall mean the Wisconsin Department of Natural Resources.

12.3
(1)

- General
CITY COUNCIL OF THE City of Edgerton. The management, operation, and control of the Municipal Water Utility of the City of Edgerton is vested in the City Council of said City of Edgerton; all records, minutes, written procedures thereof and financial records shall be kept by the City Clerk of the City of Edgerton. MUNICIPAL WATER UTILITY OF THE City of Edgerton. The Municipal Water Utility of the City of Edgerton shall have the power to construct service mains for public use, and shall have the power to lay service mains in and through the alleys, streets, and public grounds within the City boundaries, and generally, to do all such work as may be found necessary or convenient in the management of the water service system. The City of Edgerton, its officers, agents, and employees, are empowered to enter upon any land for the purpose of inspection or supervision in the performance of their duties under this Ordinance, without liability therefore; and the Approving Authority shall have power to purchase and acquire all real and personal property which may be necessary for construction of the water system, or for any repair, remodeling, or addition thereto. CONDEMNATION OF REAL ESTATE. Whenever any real estate or any easement therein, or use thereof, shall in the judgement of the Approving Authority be necessary to the water system; and whenever, for any cause, an agreement for the purchase thereof, cannot be made with the owner thereof, the Approving Authority shall proceed with all necessary steps to take such real estate easement, or use by condemnation in accordance with the Wisconsin Statutes and the Uniform Relocation and Real Property Acquisition Policy Act of 1970, if Federal funds are used.

(2)

(3)

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 8

(4)

Amended 12/2011 TITLE TO REAL ESTATE AND PERSONAL PROPERTY. All property, real, personal, and mixed, acquired for the construction of the water service system, and all plans, specifications, diagrams, papers, books and records connected therewith said water service system, and all buildings, machinery, and fixtures pertaining thereto, shall be the property of said Approving Authority. RULES, RATES, AND REGULATIONS. The rules, regulations, and customer charges are a part of the contract between the utility and every customer. Every person who connects to the water service system and receives a water supply from the Municipal Water Utility is deemed to have consented to be bound by such rules, regulations, and rates as filed with the Public Service Commission of Wisconsin. For service contract conditions refer to PSCW order number 1760-WR-101, schedule X-1.1, amendment 19. In the event of violation of the rules or regulations, the water service to the violating user may be shut off (even if two or more parties are receiving service through the same connection). Water service shall not be re-established until all outstanding bills, and shut off and reconnection charges are paid in full, and until such other terms and conditions as may be established by the Approving Authority are met. In addition to all other requirements, the Approving Authority shall be satisfied that the offender will not continue in violation of the rules and regulations before authorizing reconnection of the offender's services. The Approving Authority may change the rules, regulations, and water service rates from time to time as it deems advisable, and may make special rates and contracts in all proper cases.

(5)

12.4
(1)

- Water Supply Service and Use


AREA TO BE SERVED. The area to which the Edgerton Municipal Water Utility shall furnish water shall be strictly limited to the corporate limits of the City of Edgerton with the following exceptions: (a) Water service may continue to be furnished to users on State Highway 51, who presently receive service from an existing water main, which extends south from the south corporate limit of the City along said highway, a distance of approximately 800 feet. (b) Water service may continue to be furnished to users who presently receive service on Blaine Street, north of the city limits by attaching to an existing water main. In case said water main should be extended north along Blaine Street, the owners of any lateral or laterals shall pay their proportionate share of installing such water main. (c) Water service may continue to be furnished to the Fulton Water Utility.

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 9

(2)

Amended 12/2011 SERVICE APPLICATION. Application for the original installation of a supply from the city water main, or for any extension or alteration of any existing supply from the curb line, or within the street property line, shall be filed with the Water Utility by the owner of the property or his authorized agent for the approval of the Approving Authority prior to the performance of any such work. The signing of the application card or permit by the owner or his agent shall constitute a contract for water supplied and its specific use, which contract embodies these regulations by reference. If a master plumber or owner makes such application, he shall provide the name of the property owner and the plumber, the legal description of the property, the street location, the officially designated building number, the exact use of service and meter desired, size and character of the supply pipe, and fixtures or appliances to be supplied. For further information, refer to PSCW order number 1760-WR-101, schedule X-1, amendment 19. CONDITIONS OF SERVICE. Refer to PSCW order number 1760-WR-101, schedule X-1, amendment 19. MULTI-UNIT DWELLING OPTION. Refer to PSCW order number 1760-WR-101, schedule X-1, amendment 19. NO DIVISION OF WATER SUPPLY. Refer to PSCW order number 1760-WR-101, schedule X-1, amendment 19. WITHHOLDING APPROVAL OF APPLICATION. The Approving Authority is empowered to withhold approval of any application for which a full disclosure of information regarding the purpose of such supply is not clearly indicated and fully set forth by the applicant property owner. GENERAL USE CONDITIONS. Except as hereinafter provided, customers, contractors, and all other service customers shall abide with the following conditions: (a) Water service supplied to customers shall be metered and the metered service rates applied. Refer to PSCW 1760-WR-101, schedule X-1.5 and X-1.6, amendment 19 for meter settings and requirements. Where the utility cannot immediately install a water meter, service may be supplied temporarily on an unmetered basis in accordance with PSCW 1760-WR-101, schedule Ug-1. (b) Water service to City buildings, schools, and other public institutions shall be metered and the regular service rate applied. (c) Temporary metered supply, meter and deposits. Refer to PSCW order number 1760WR-101, schedule X-1.1, amendment 19. (d) Refunds of monetary deposits. Refer to PSCW order number 1760-WR-101, schedule X-1.6, amendment 19.

(3)

(4)

(5)

(6)

(7)

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 10

Amended 12/2011 (e) Turning on water. Refer to PSCW order number 1760-WR-101, schedule X-1.6, amendment 19. (f) By-pass of water around the water meter is prohibited and may result in disconnection of service is accordance with Section 12.16. (g) Cross-connections shall not be established or permitted to be established as set forth in Section 12.07. (h) Surreptitious Use of Water 1) See PSCW order number 1760-WR-101, schedule X-1.10 and X-1.11 in addition to the following. 2) Use of hose without a nozzle and permitting water to run to waste is positively prohibited when on a flat rate. No yard hydrant shall be replaced or a new one installed without first consulting the Approving Authority. 3) No yard hydrant shall be installed without a meter located in the basement of the building or in a suitable meter pit 4 feet deep by 4 feet square approved by the Approving Authority. (i) Water for Construction and Use of Hydrants. Refer to PSCW order number 1760WR-101, schedule X-1.2, amendment 19. (j) Unauthorized Use of Valves and Hydrants 1) Refer to PSCW order number 1760-WR-101, schedule X-1.3, amendment 19. 2) Owners or operators of motor vehicles may be held for the cost of repair of any hydrant damaged by a motor vehicle and the Utility shall not be responsible for the damage to the motor vehicle by reason of such accident. (k) Contractor duties shall include the use of caution near service main and laterals, including but not limited to, the below requirements: 1) Where excavating machines are used in digging sewers, all water mains shall be maintained at the expense of the contractor. 2) Refer to PSCW order number 1760-WR-101, schedule X-1.12 for further duties. (l) Customer shall protect curb stop box. Refer to PSCW order number 1760-WR-101, schedule X-1.5, amendment 19.

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 11

Amended 12/2011 (m) Utility shall protect the public safety in accordance with PSCW 1760-WR-101, schedule X-1.11. (8) NEW CONNECTIONS. New connections to the existing water system shall not be permitted if there is insufficient capacity or pressure or funding ability, or for any other reason. FREE SERVICE. No customer shall receive free service.

(9)

(10) OUTSIDE SERVICE. Water customers currently receiving service and located outside the corporate limits of the City shall be billed at regular rates plus a surcharge in accordance with PSCW 1760-WR-101, schedule Mg-2, except those currently receiving service as identified in Section 12.04(1).

12.5
(1)

- Deposits and Guarantees


NEW RESIDENTIAL SERVICE. The Utility will not require a cash deposit or other guarantee as a condition of new residential service unless the customer has an outstanding account balance with the utility which accrued within the last six years and which, at the time of the request for new service, remains outstanding and not in dispute. EXISTING RESIDENTIAL SERVICE. The Utility shall not require a cash deposit or other guarantee as a condition of continued service but may require a deposit if either or both of the following circumstances apply: (a) The Utility has shut off or discontinued the service of the customer within the last 12 month period for violation of the Utility=s filed rules for non-payment of a delinquent service account not currently in dispute. (b) Subsequent credit information indicated that the initial application for service was falsified or incomplete to the extent that a deposit would be required under this section.

(2)

(3)

COMMERCIAL AND INDUSTRIAL SERVICE (a) In the case of non-residential service, if the credit applicant for water service has not been established satisfactorily to the Utility, the applicant may be required to deposit a sum not exceeding the estimated gross bills for all water service, both billed and unbilled, which can be supplied before the Utility=s filed disconnect rule becomes applicable. The amount to be deposited may be a minimum of $1.00 per month for each class of water service furnished.

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 12

Amended 12/2011 (b) The deposit shall be refunded after 24 consecutive months of prompt payment. In no case, however, will a deposit be refunded if the customer=s credit standing is not satisfactory to the Utility. (c) Payment shall be considered "prompt" if it is made prior to notice of disconnection for non-payment not in dispute. (4) CONDITIONS OF DEPOSIT. The maximum deposit for a new or existing residential account shall not exceed the estimated gross bills for all water service, both billed and unbilled, which can be supplied before the Utility=s filed disconnect rule becomes applicable. The amount to be deposited may be a minimum of $1.00 per month for each class of water service furnished. OTHER CONDITIONS. A new or additional deposit may be required upon reasonable written notice of the need therefore if such new or additional deposit could have been required under the circumstances when the initial deposit was made. Service may be refused or disconnected for failure to pay a deposit request as provided in the rules. When service has been disconnected for failure to make a deposit, or for failure to pay a delinquent bill, or for failure to comply with the terms of a Deferred payment Agreement, and satisfactory arrangements have been made to have service restored, a reconnection charge as specified elsewhere in these rules, shall be paid by the customer as a condition to restoration of service. INTEREST. Deposits shall bear interest at the legal rate, payable from the date of deposit to the date of refund or discontinuance of service, whichever is earlier. REVIEW. The Utility shall review the payment record of each residential customer with a deposit on file at 12-month intervals. The Utility shall not continue to require a cash deposit unless a deposit is required under the provisions of Section 12.05(1) and (2). REFUND. Any deposit or portion thereof refunded to a customer shall be refunded by check unless both the customer and the Utility agree to a credit on the regular billing or unless subsection (9) applies. ACCRUED INTEREST. Upon termination of service, the deposit, with accrued interest, shall be credited to the final bill and the balance shall be returned promptly to the customer.

(5)

(6)

(7)

(8)

(9)

(10) GUARANTEE. The Utility shall not require any customer to pay a deposit or establish a guarantee in lieu of deposit without explaining, in writing if requested, why that deposit is being required. (11) SERVICE REFUSAL. Service may be disconnected or refused for failure to pay a deposit request subject to the rules pertaining to disconnection and refusal of service (Section 12.16.).
CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001 Foth & Van Dyke $ 13

Amended 12/2011 (12) GUARANTEE TERMS AND CONDITIONS (a) The Utility may accept, in lieu of a cash deposit, a contract signed by a guarantee satisfactory to the Utility whereby payment of a specified sum not exceeding the cash deposit requirement is guaranteed. The term of such contract shall be no longer than two years, but shall automatically terminate after the customer has closed his account with the Utility, or at the guarantor=s request upon 30 days= written notice to the Utility. (b) Upon termination of a guarantee contract or whenever the utility deems the same insufficient as to amount of surety, a cash deposit or a new or additional guarantee may be required upon reasonable written notice to the customer. The service of any customer who fails to comply with these requirements may be disconnected upon 8 days written notice. (c) The Utility shall mail the guarantor copies of all disconnect notices sent to the customer whose account he has guaranteed unless the guarantor waives such notice in writing. (13) DEFERRED PAYMENT. In lieu of cash deposit or guarantee, an applicant for new service who has an outstanding account accrued within the last 6 years with the Utility shall have the right to receive service from the Utility under a deferred payment agreement as defined in Section 12.11 for the outstanding account. (14) APPLICABILITY. The rules in subsections (11) and (12) of this section are not applicable to deposits or guarantees made in connection with the financing of extensions or other equipment.

12.6
(1)

- Protective Devices
Protective devices shall be in accordance with the following: (a) IN GENERAL. Refer to PSCW order number 1760-WR-101, schedule X.1.12, amendment 19. (b) RELIEF VALVES. Refer to PSCW order number 1760-WR-101, schedule X.1.12, amendment 19. (c) AIR CHAMBERS. Refer to PSCW order number 1760-WR-101, schedule X.1.12, amendment 19. (d) CHECK VALVES. Check valves shall be required on the water supply line to water heaters and incorporated in such a way as to prevent back-flow to the meter.

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 14

Amended 12/2011

12.7
(1)

- Cross-Connections
Refer to PSCW order number 1760-WR-101, schedule X-1.13, amendment 19. All private fire protection systems having cross connection with public supplies shall maintain the double check and gate valves, installed by an order of the State Health and Social Services Department, free from leakage or defect of any nature. 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 City of Edgerton 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 the City of Edgerton Water Utility and by the Wisconsin Department of Natural Resources in accordance with NR 111.25 (3), Wisconsin Administrative Code. It shall be the duty of the Utility Commission to cause inspections to be made of all properties served by the public water system where cross connections with the public water system is deemed possible. The frequency of inspection and reinspection based on potential health hazards involved shall be established by the Approving Authority and as approved by the Wisconsin Department of Natural Resources. Upon presentation of credentials, the representative of the Water Utility shall have the right to request entry at any reasonable time to examine any property served by a connection to the public water system of the City of Edgerton for cross connection. If entry is refused, such representative shall obtain a special inspection warrant under ss.66.122, Wisconsin Statues. 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 the systems on such property. The City of Edgerton is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of the 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 6 below. 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. If it is determined by the Approving Authority 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 Administrator of the City of Edgerton and delivered to the customer=s premises, service may be immediately discontinued. The customer shall

(2)

(3)

(4)

(5)

(6)

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 15

Amended 12/2011 have an opportunity for hearing under Chapter 68, Wisconsin Statutes, within 10 days of such emergency discontinuance. (7) This ordinance does not supersede the State Plumbing Code and City of Edgerton plumbing ordinance, but is supplementary to them.

12.8
(1)

- Service Laterals
WORK AUTHORIZED. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any service main or appurtenance thereof without first obtaining a written permit from the Approving Authority. No contractor, plumber, pipe fitter or other person shall be permitted to do work on any service main or service lateral without first receiving a license from the State of Wisconsin. A separate and independent service lateral shall be provided for every building intended for human habitation or occupancy. Prior to commencement of the work, the permittee shall notify the City of Edgerton at least 48 hours before beginning any excavations.

(2)

SERVICE LATERAL CONNECTION REQUIREMENTS. Service shall be furnished only if the following conditions are met: (a) Premises have a frontage on a properly platted street or public strip in which a water main has been laid, or where the property owner has agreed to and complied with the provisions of the Utility=s filed main extension rule, and the water service connection is made between the property lines, extending to the main; and (b) The property owner has installed or agrees to install a service pipe from the service main to the point of use which is laid not less than 6 feet below the surface of an established or proposed grade and is laid according to the Utility=s specifications. Couplings shall be of such material as to provide electrical conductivity. (c) The existing water system has adequate capacity and pressure to provide the required service to the service lateral.

(3)

COST OF SERVICE LATERAL CONNECTION. All costs and expenses incident to the installation and connection of an initial service lateral shall be borne by the property owner. The Owner shall indemnify the Approving Authority from any loss or damage that may directly or indirectly be occasioned by the installation of the service lateral. The Approving Authority shall approve the contractor and construction plans for the service lateral. Upon
Foth & Van Dyke $ 16

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Amended 12/2011 completion of the service lateral, the owner shall be responsible for all reconstruction and maintenance costs from curb stop box to point of use. (4) USE OF OLD SERVICE LATERALS. Old service laterals may be used in connection with new buildings only when they are found on examination and test by the Approving Authority, to meet all requirements for this Ordinance. MATERIALS AND METHODS OF CONSTRUCTION. The size, alignment, materials of construction of service lateral, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of this Section and the Standard Specifications for Sewer and Water Construction, the building code, plumbing code, Wisconsin Administrative Code, the State Department of Natural Resources or other applicable rules and regulations of the Approving Authority. SERVICE LATERALS shall be a minimum 1-inch type K copper and shall include a brass connection to the main, a brass valve to shut off the service and an access box to said valve. Commercial or industrial services 3 inches and larger shall be of ductile iron as specified for mains and shall include a valve and access box. All laterals from the main to the point of entrance to the building foundation or floor should have a depth of cover of 6 feet. At the discretion of the Approving Authority, whenever any lateral located on property between the city street and the building is found to have less than 6 feet of cover, the property owner shall be notified and be given 1 year to properly relocate the lateral to a depth to provide 6 feet of cover. All costs for lowering shall be borne by the property owner. No division of the water service of any lot or parcel of land shall be made for the extension and independent meterage of the supply to an adjoining lot or parcel of land. No division of water supply service shall be made at the curb for separate supplies for more than two separate premises having frontage on any street or public service strip whether owned by the same or different parties. Separation must be made prior to the existing curb stop to allow for the installation of a second curb stop on the separated supply. (7) CONFORMANCE TO PLUMBING CODES. The connection of the service lateral to the service main shall conform to the requirements of the Standard Specifications for Sewer and Water Construction in Wisconsin, the building and plumbing code or other applicable rules and regulations of the Approving Authority. All such connections shall be made gas tight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Approving Authority before installation.

(5)

(6)

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 17

(8)

Amended 12/2011 INSPECTION OF CONNECTION. The applicant for the service lateral permit shall notify the Approving Authority when the water lateral is ready for inspection and connection to the public water system. The connection shall be made under the supervision of the Approving Authority. BARRICADES: RESTORATION. All excavations for the service lateral installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Approving Authority.

(9)

(10) INSTALLATION OF SERVICE LATERAL. All service laterals on private property will be installed in accordance with the Wisconsin Administrative Code Chapters Comm 82 through 87 "Plumbing Code" and the Standard Specifications for Sewer and Water Construction in Wisconsin. The service lateral shall be inspected upon completion of placement of the pipe and before backfilling; and tested before or after backfilling. (11) EXCAVATIONS. In making excavations in streets or highways for laying service laterals or making repairs, the paving and earth removed must be deposited in a manner that will occasion the least inconvenience to the public. No person shall leave any such excavation made in any street or highway open at any time without barricades; and during the night, warning lights must be maintained at such excavations. In refilling the opening, after the service laterals are laid, the earth must be laid in layers of not more than 12 inches in depth, and each layer thoroughly compacted to prevent settling. This work, together with the replacing of sidewalks, gravel and paving must be done so as to make the street as good, as before it was disturbed, and satisfactory to the Approving Authority. The customer shall do all necessary excavating and backfilling between main and curb in accordance with city specifications. When laid in a combined sewer and water trench, the water service shall be laid on a shelf of solid ground above and not nearer than 12 inches to the sewer. No opening of the streets for tapping the pipes will be permitted when the ground is frozen, except in emergencies. A permit from the Approving Authority shall be obtained prior to excavating in any street, alley or other public way. All excavations for service lateral installation shall comply with the terms outlined in Section 12.08 of the City Ordinance.

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 18

Amended 12/2011 (12) TAPPING THE SERVICE MAINS. No person, except those having special permission from the Approving Authority, or persons in their service and approved by them, will be permitted under any circumstances to tap the service mains. The kind and size of the connection with the pipe shall be that specified in the permit, or order from said Approving Authority. Service laterals should be tapped, at a minimum, in accordance with the Standard Specifications for Sewer and Water Construction in Wisconsin.

12.9
(1)

- Connections to the Water Service System


MANDATORY HOOKUP. The owner of each parcel of land adjacent to a water service system on which there exists a building usable for human habitation or in a block through which such system is extended, shall connect to such system within twelve months of notice in writing from the Approving Authority. Upon failure to connecting to the water service system in the time period specified, the Approving Authority may cause such connection to be made and bill the property owner for such costs. If such costs are not paid within thirty (30) days, such notice shall be assessed as a special tax lien against the property, all pursuant to Section 66.069 Wisconsin Statutes provided, however, that the owner may within thirty (30) days after the completion of the work file a written request with the Approving Authority stating that he cannot pay such amount in one sum and ask that there be levied in not to exceed five (5) equal installments, and that the amount shall be so collected with interest at the rate of 6% per annum from the completion of the work, the unpaid balance being a special tax lien, all pursuant to Section 66.069 Wisconsin Statutes. In lieu of the above, the Approving Authority at its option may impose a penalty for the period that the violation continues, after ten (10) days written notice to any owner failing to make a connection to the water system of an amount equal to 150% of the average residential charge for water service payable quarterly for the period in which the failure to connect continues, and upon failure to make such payment said charge shall be assessed as a special tax lien against the property, all pursuant to Section 66.069 Wisconsin Statutes. The Approving Authority may adopt a resolution requiring the connection of any property or properties above mentioned or defined with the adjacent water mains, if said property is in a block through which said system extends. Notice of the resolution shall be serviced upon the owner of the property in question or upon the agent having charge of said property. The notice to be served shall be made and given by the City Utility Director on behalf of the Approving Authority. All connections made under the provisions of this section and as required by the Approving Authority shall be made in accordance with the ordinances of the City of Edgerton, the

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 19

Amended 12/2011 laws of the State of Wisconsin, the Wisconsin State Plumbing Code and the rules and regulations of the State Department of health and Social Services, insofar as these apply. This Ordinance ordains that the failure to connect to the water service system is contrary to the minimum health standards of said Approving Authority and fails to assure preservation of public health, comfort, and safety of said Approving Authority. (2) MAINTENANCE OF SERVICES. The Approving Authority shall maintain water service from the street main to the curb stop without direct expense to the property owner, except when it is damaged as a result of negligence or carelessness on the part of the property owner, a tenant, or an agent of the property owner. All water service from the curb stop box to and throughout the premises must be maintained free of defective conditions, by and at the expense of the owner or occupant of the property. APPLICATION TO CONNECT PROPOSED NEW WATER SERVICE SYSTEM. Any person located within the corporate limits of the Approving Authority desiring to connect a proposed new water system to the water system shall make a written application to the Approving Authority for permission to make such connection or use. The application shall include a statement of the location or locations at which it is desired to connect in accordance with 12.09(b). The Approving Authority shall approve an engineering consultant to design all proposed water systems. All costs and expenses incident to the design and bidding including engineering, permits and other fees associated with the connection or hookup to the water system shall be borne by the developer requesting the extension or by the Approving Authority at their discretion. Prior to the design of a main extension, the developer shall secure and furnish proof of an escrow account for the estimated amount of the design costs, the amount to be determined by the Approving Authority. The account shall be so arranged and an escrow agreement executed between the developer, the bank, the Approving Authority to allow the latter to withdraw amounts from the account. The account shall be sufficient to cover payments to all parties under contract with the Approving Authority for the design of the water system. This money will not be refunded if the project does not proceed to construction. (4) ALTERATIONS. Alterations to existing water service systems connected shall be treated as Proposed New Water Service Systems. The Approving Authority may modify this provision if the water connection is not directly connected to an Approving Authority main and providing the person has previously presented and has had approved a general overall water service plan. If such a modification is made, it will be done in writing and must be kept on file by the person to which it applies. After water connections have been made in a building or upon any premises, no plumber shall make any alterations, extensions or attachments unless the party ordering such work shall exhibit the proper permit.
CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001 Foth & Van Dyke $ 20

(3)

(5)

Amended 12/2011 REFUSAL TO GRANT SERVICE.. If the existing water system is inadequate to provide the required service, due to lack of capacity or pressure or funding ability or for any other reason, the application may be rejected. Service Main Extensions. Refer to PSCW order number 1760-WR-101, schedule X-3, amendment 19 in addition to the requirements in this section. (a) General Extension Rules 1) The Utility may extend water mains for new customers. The size and location of the main to be installed shall be determined by the Approving Authority upon recommendation of the Utility Director and the City Engineer. 2) The cost of an extension, used in computing the assessment (Plan A) or the contribution (Plans B, C and D) shall be the total cost of construction, including legal and engineering fees. The cost per lineal foot of main installed shall be computed by dividing the total cost of construction, as determined above, by the total length of the extension. (b) Applications for Extension of Mains 1) Written application for main extensions to any property not fronted by an existing water main shall be filed with the City Administrator by the owner of the property desiring the extension. The applicant shall provide the name of the property owner, the legal description of the property, the street location, and the exact nature of the water requirements. Signing an application does not constitute a contract for installation of such extension as requested. 2) The Approving Authority is hereby empowered to withhold consideration of any application in which full disclosure of information regarding the purpose of such supply is not clearly and fully set forth by the applicant. 3) The application for extension of mains shall be acted upon by the Approving Authority. The Approving Authority shall determine the plan under which the requested extension is to be installed. 4) If the existing water system is inadequate to provide the requested service, due to lack of capacity or pressure or funding ability or for any other reason, the application may be rejected. 5) Proper bedding and compaction bedding materials where water mains are laid is required at all times regardless of soil and weather conditions. Frozen soil shall not be used as bedding or backfill material. (c) Extension Plans

(6)

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 21

Amended 12/2011 1) Plan A The cost of the extension shall be immediately assessed against the abutting properties, according to the procedure set forth under Section 66.60, Wisconsin Statutes and Chapter 4 of the City of Edgerton Code of General Ordinances. 2) Plan B. Where the Approving Authority is unwilling to make a special assessment because of low density of prospective customers or for some other reason, extensions shall be made on a customer-financed basis as follows: a) Basis for Determining Contributions from Original Customer. The applicant, called the original customer, shall assume the entire cost of the extensions as defined in Section 12.09 (6)(a)(2), unless specific written agreements specify otherwise. Additional Customers and Refunds. When additional customers connect to a water main that was financed by the original customer, the Approving Authority may require a contribution from each new customer equal to that which would have been assessed under Plan A, except as noted in the following paragraphs. These contributions shall then be refunded pro rata to the original customer. The cost of the main fronting on property owned by the original customer at the time of the installation of the extension shall be considered to be paid for and no contributions for the cost of the extension shall be required when any connections are made on this frontage nor will any refunds be made to the original customer for said connections. The development period during which refunds shall be made shall be limited to 20 years. c) Limit of Extension. When an extension beyond an existing extension is required to serve a new customer, the new extension shall be considered as an entirely new project. a)

b)

3) Plan C - Subdivisions. Service mains for new subdivisions shall be installed according to Plan B, unless a specific written agreement specifies otherwise. The development period during which refunds shall be made shall be limited to 20 years. 4) Plan D - Transmission Main and Connecting Loops. Transmission mains and connecting loops may be laid at Utility expense. When customers connect to a transmission m ain or connecting loop laid at Utility expense, there shall be a
CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001 Foth & Van Dyke $ 22

Amended 12/2011 contribution of an amount equivalent to the applicable assessment as determined in Plan A. (d) Service Main Material and Construction Requirements 1) Service Main Construction Materials - Only those materials listed below shall be used on Edgerton projects.

Mains - All mains shall be minimum Class 52 ductile iron water main pipe with a cement lining and include a factory installed fitting to allow for a strap or cable to be attached for electrical conductivity. Fittings or Specials - All elbows, tees, crosses, increasers, decreases and other specials shall be Class 52 ductile iron cement lined and so bolted together as to provide electrical conductivity. 2) Construction - All water mains shall be constructed at a depth as specified by the city engineer. Street grades established and approved by the Approving Authority shall be adhered to for water main cover. All mains should be looped to provide circulation in the distribution system. Mains shall be constructed across the entire frontage of any parcel that received water service. Valves shall be placed on each line coming into an intersection and also on each side of each hydrant so as to create a service area of 550 lineal feet of street or less. Each valve shall have access via a water box or manhole. Hydrants shall be placed generally at intersections of streets with spacing not more than 550 feet apart. All hydrants shall have a valve placed in the hydrant lead. (7) PERMIT TO CONNECT. Prior to permitting such connection or use, the Approving Authority may investigate, or cause to be investigated, the water system for which such connection or use is requested. If the Approving Authority finds such system to be in a satisfactory condition, it will grant a permit for such connection or use. If the Approving Authority finds such system to be defective in operation, construction, design, or maintenance, the Approving Authority will so notify the applicant and will advise him that upon completion of specified alterations, new construction, or changes in supervision or operation, a permit will be granted. Should the plans or specifications not be approved, one copy will be returned to the applicant who will be informed as to the reason for nonapproval.

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 23

(8)

Amended 12/2011 RESERVE CAPACITY. Prior to permitting any connection or use of the water system, the Approving Authority shall ascertain that the water system has sufficient reserve capacity and pressure to assure adequate distribution of additional water. The Approving Authority reserves the right to refuse a connection or use permit if the requirements for this subsection cannot be met with the granting of the permit.

(9)

INSPECTIONS AND SUPERVISION DURING CONSTRUCTION. During the construction of any water service system which the Approving Authority has approved, the Approving Authority may, from time to time, inspect the same to see that said work is being done in accordance with the approved plans and specifications. Failure to make such inspections shall not nullify the rights of the Approving Authority to require reconstruction should non-adherence to approved plans be subsequently discovered. Every person in the construction of service laterals or water service systems, within its jurisdiction, shall require that such construction be under the direction of a Wisconsin Registered Professional Engineer or Licensed Master Plumber, if plan approval was obtained under his license. The Engineer or Master Plumber shall keep accurate records of the location, depth, and length of the service main as built, and of the location of the service lateral connections.

(10) PHYSICAL CONNECTION. At least 24 hours before connection is to be made, notice of such intent must be given to the Approving Authority. When the actual connection is made, it must be done in the presence of the city building inspector or duly authorized representative. (11) RECORDS. Records of connections to the water service system shall be kept by the municipality in which such connections are made and such records shall be available for inspection by the Approving Authority. Refer to Section 12.21. (12) CUSTOMER USE ONLY. No customer shall allow others or other services to connect to the water service system through his service lateral. (13) CUSTOMER TO PERMIT INSPECTION. Every customer shall permit the Approving Authority, or its duly authorized agent, at all reasonable hours of the day, to enter their premises or building to examine the pipes, valves and fixtures, and they must at all times, frankly and without concealment, answer all questions put to them relative to its use. (14) APPROVING AUTHORITY RESPONSIBILITY. The Approving Authority and its agents and employees shall not be liable for damages occasioned by reason of the breaking, clogging, stoppage, or freezing of any service laterals; nor from any damage arising from repairing mains, making connections or extensions or any other work that may be deemed necessary. The right is hereby reserved to cut off the water and sewer service at any time for the purpose of repairs, or any other necessary purpose, and permit granted or regulation to the contrary not withstanding. Whenever it shall become necessary to shut off the service supply within any district of the said Approving Authority, the Approving Authority
CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001 Foth & Van Dyke $ 24

Amended 12/2011 shall, if practicable, give notice to each and every consumer affected within said Approving Authority of the time when such service will be so shut off. (15) CUSTOMER TO KEEP IN REPAIR. All customers shall keep their own service lateral and curb stop boxes in good repair and protected from frost, at their own risk and expense, and shall prevent any unnecessary damage to the water service system.

16)

CLAIMS FOR DAMAGES. No person shall enter a claim for damage against the City of Edgerton as a water utility, or any officer thereof, for damage to any pipe, fixture, or appurtenance by reason of interrupted nature caused by the turning off, or turning on, either wholly or partially, of the water supply for the extension, alteration, or repair of any water main or premises= supply, or for the discontinuance of the premises= water supply for the violation of any rules or regulations of the Water Utility. No claim shall be allowed against the City because of interruption to the water supply caused by the breaking of pipes or machinery, by stoppage for repairs, or by fire or other emergency, and no claims shall be allowed for any damage caused by the breakage of any pipe or machinery.

12.10 - Repairs to Service


(1) (2) Refer to PSCW 1760-WR-101, Schedule X-1.4, amendment 19. The property owner shall maintain the service pipe from the curb stop to the point of use and may be billed for any water which has not passed through the meter and has been wasted by leakage or defective pipes and fixtures, as estimate by the Approving Authority. Repairs to Mains: Refer to PSCW order number 1760-WR-101, schedule X-1.11, amendment 19. Repairs to Meters. Refer to PSCW order number 1760-WR-101, schedule X-1.15, amendment 19. Thawing Frozen Services (a) Frozen services shall be thawed out by and at the expense of the Utility except where the freezing is caused by contributory fault or negligence on the part of the customer such as reduction of the grade or undue exposure of the piping in the building or on customer=s property, or failure to comply with the Utility=s specifications and requirements as to depth of service, lack of sufficient backfill, etc. (b) Following the freezing of a service, the Utility shall take such steps and issue such instructions as may be necessary to prevent the refreezing of the same service. No charge shall be made for rethawing if the instructions are followed. In case it is
CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001 Foth & Van Dyke $ 25

(3)

(4)

(5)

Amended 12/2011 necessary to allow the water to flow to prevent refreezing, the customer must make provisions for proper disposal of the waste water. (c) For the period in which the water is allowed to run, the customer may be billed according to his meter readings, but in no event to exceed the average amount paid in the corresponding billing periods of the previous two years. A new customer shall be charged the average bill for other customers of the same class receiving service under comparable conditions. Also see Wis. Adm. Code, Chapter PSC 185.

12.11 - Private Well Abandonment


(1) PURPOSE. To prevent unused and/or improperly constructed wells from serving as a passage for contaminated surface or near-surface waters or other materials to reach the usable groundwater. These wells must be properly filled and sealed. COVERAGE. All private wells within the city limits, located on any premises which can be serviced by the public water system of the City of Edgerton, shall be properly filled. Only those wells for which a well operation permit has been granted by the City Utility Director may be exempted from this requirement; subject to conditions of maintenance, operation and content of water. WELL OPERATION PERMITS. A permit may be granted to a well owner to operate a well if the following requirements are met. (Application shall be made of forms provided by the City Utility Director.) (a) The well and pump installation meet the requirements of Chapter NR 112, Wisconsin Administrative Code, and a well constructor=s report is on file with the Department of Natural Resources, or certifications of the acceptability of the well has been granted by the Private Well Supply Section of the Department of Natural Resources. (b) The well has a history of producing safe water and presently produces bacteriologically safe water as evidenced by three samplings two weeks apart. (c) The proposed use of the well can be justified as being necessary in addition to water provided by the public water system. (d) No physical connection shall exist between the piping of the public water system and the private well. (4) METHODS. Wells to be abandoned shall be filled according to the procedures outlined in chapter NR 112, Wisconsin Administrative Code. The pump and piping must be removed and the well checked for obstructions prior to plugging. Any obstruction or liner must be removed.
Foth & Van Dyke $ 26

(2)

(3)

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Amended 12/2011 (5) REPORTS AND INSPECTION. A well abandonment report must be submitted by the well owner to the Department of Natural Resources on forms provided by that agency (available at the office of the City Utility Director). The report shall be submitted immediately upon completion of the filling of the well. The filling must be observed by a representative of this municipality. PENALTIES. Any person, firm or other well owner violating any provision of this ordinance shall upon conviction be punished by a fine of not less than $50.00 nor more than $100.00 together with the cost of prosecution. Each 24-hour period during which a violation exists shall be deemed and constitute a separate offense.

(6)

12.12 - Damage To or Tampering With Water Service System


(1) WILLFUL, NEGLIGENT OR MALICIOUS DAMAGE. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the water service system. Any persons violating this provision shall be subject to immediate arrest under a charge of disorderly conduct. LIABILITY TO DISCHARGER FOR LOSSES. Any person who intentionally, negligently, or accidentally violates any provisions of this Ordinance shall become liable to the Approving Authority or any other customer, for any expense, loss or damage occasioned by reason of such violation which the Approving Authority or any downstream user may suffer as a result thereof. This section shall be applicable whether or not a written notice of the violation was given as provided in Section 12.12 (1) and without consideration for any penalties which may be imposed for a violation of this Ordinance. DAMAGING SERVICE MAIN PROHIBITED. No unauthorized person shall alter, disturb or uncover any connection with service mains or appurtenance thereof without first obtaining written permission from the operator. No person shall willfully or maliciously obstruct, damage, or tamper with any private service lateral, or any structure, appurtenance or equipment which is part of the service main or any part of the water service system. Any person who violates this provision shall be guilty of disorderly conduct. (4) DAMAGE IN VACANT PREMISES. Customers shall be liable to prosecution for any damage to property of Utility for reason of failure to notify the Utility of vacancy of premises in accordance with PSCW order number 1760-WR-101, schedule X-1.11, amendment 19.

(2)

(3)

12.13 - Violations and Penalties


CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001 Foth & Van Dyke $ 27

Amended 12/2011 (1) WRITTEN NOTICE OF VIOLATION. Any person found to be violating any provision of this Ordinance shall be served by the Approving Authority with a written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. For penalties and violations related to late billing payments and notices for discontinuance of service related to failure to pay water bills refer to Sections 12.15 to 12.17 of this Ordinance. ACCIDENTAL DISCHARGE. Any person found to be responsible for accidentally allowing a deleterious discharge into the water service system which causes damage to the system and/or causes deleterious effects on customers of the system, shall pay in addition to a fine, the amount to cover damage, both values to be established by the Approving Authority. Any accidental wastewater discharges into the water service system shall be reported immediately upon discharge. The Approving Authority shall address any potential fines within 15 days after the end of the month in which the violation is reported or detected, whichever is later. ACCIDENTAL DISCHARGE PENALTIES. The City may levy a minimum fine of $500.00 for an accidental discharge that is reported immediately or a minimum fine of $1,500.00 for an unreported accidental discharge. CONTINUED VIOLATIONS. Any person, partnership or corporation, or any officer, agent or employee thereof, who shall continue any violation beyond the aforesaid notice time limit provided shall, upon conviction thereof, pay a forfeiture of not less than Ten Dollars ($10) nor more than Two Thousand Five Hundred Dollars ($2,500) together with the costs of prosecution. In default of payment of such forfeiture and costs, said violator shall be imprisoned in the County Jail until such forfeiture and costs are paid, but not exceeding 90 days. LIABILITY TO APPROVING AUTHORITY FOR LOSSES. Any person violating any provision of this Ordinance shall become liable to the Approving Authority for any expense, loss, or damage occasioned by reason of such violation which the Approving Authority may suffer as a result thereof. CIVIL PENALTIES. Any customer who is found to have violated an order of the board or who has failed to comply with any provisions of this Ordinance and the orders, rules, regulations and permits issued hereunder, shall be fined not less than $50 nor more than $2000 for each the first offense. In addition to the penalties provided herein, the City may recover reasonable attorney=s fees, court costs, court reporter=s fees and other expenses of litigation by an appropriate action against the person found to have violated this Ordinance or the order, rules, regulations and permits issued hereunder.

(2)

(3)

(4)

(5)

(6)

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 28

(7)

Amended 12/2011 OTHER PENALTIES. Any violation of this chapter for which a specific penalty is not provided shall be subject to the penalties in Chapter 1.06 of the City Ordinance. DIFFERENCES OF OPINION. An attorney selected by the Approving Authority shall arbitrate differences between the Approving Authority and customers on matters concerning interpretation and execution of the provisions of this Ordinance by the Approving Authority. COSTS OF DAMAGE. Any customer violating any of the provisions of this Ordinance or who has a discharge which causes a deposit, obstruction, damage or other impairment to the City=s water service system shall become liable to the City for any expense, loss or damage caused by the violation or discharge. The Utility Supervisor may add to the customer=s charges and fees the costs assessed for any cleaning, repair, or replacement work caused by the violation or discharge. Any refusal to pay the assessed costs shall constitute a violation of this Ordinance. Any customer discharging toxic materials or pollutants shall pay for any increased operation, maintenance, and replacement costs caused by said discharge, in addition to any other charge or penalties provided herein.

(8)

(9)

(10) FALSIFYING INFORMATION. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Ordinance or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device, meter, or method required under this Ordinance, shall, upon conviction, be punished by a fine of not more than $500 or by imprisonment for not more than six months, or by both. (11) ENFORCEMENT (a) AccidentalDischarges. The Utility Supervisor may discontinue the water service of a customer when such suspension is necessary, in the opinion of the Utility Supervisor to stop an actual or threatened discharge which represents or may present an imminent or substantial danger to the health or welfare of persons, to the environment, or to the water service system. In the event of a failure of the customer to comply voluntarily with the suspension order, the Utility Supervisor shall take such steps as deemed necessary, including immediate severance of the service lateral connection, to prevent or minimize damage to the water service system or danger to any individuals. The Utility Supervisor shall reinstate service upon proof of the elimination of the source of the supply water contamination. A detailed written statement submitted by the customer describing the causes of the accidental discharge and the measures taken to prevent any future occurrence shall be submitted to the Utility Supervisor within 15 days of the date of occurrence.

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 29

Amended 12/2011 (b) NotificationofViolation. Whenever the operator finds that any person has violated or is violating this Ordinance, or any prohibition, limitation or requirement contained herein, the operator may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, unless a shorter time frame is necessary due to the nature of the violation, a plan for the satisfactory correction thereof shall be submitted to the City or by the customer. (c) Show Cause Hearing 1) If the violation is not corrected by timely compliance, the utility supervisor may order any user which causes or allows an unauthorized discharge to show cause before the City Water Utility Commission why the proposed enforcement action should not be taken. A notice shall be served on the customer specifying the time and place of a hearing to be held by the City Water Utility Commission regarding the violation, the reason why the action is to be taken, the proposed enforcement action, and directing the customer to show cause before the City Water Utility Commission why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation. 2) HearingOfficials. The City Water Utility Commission may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the (assigned department) to: a) issue in the name of the City Water Utility Commission notices of hearings requesting the attendance and testimony of witnesses and the protection of evidence relevant to any matter involved in such hearings; take the evidence; and, transmit a report of the evidence and hearing, including transcripts and other evidence for action therein.

b) c)

3) Transcripts. At any hearing held pursuant to this Ordinance, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefore. 4) IssuanceofOrders. After the City Water Utility Commission has reviewed the evidence, it may issue an order to the user responsible for the violation directing that, following a specified time period, the water service be discontinued unless adequate devices or other related appurtenances shall have been installed or existing devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.(d) Legal
CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001 Foth & Van Dyke $ 30

Amended 12/2011 Action. If any person discharges substances into the City=s water service system contrary to the provisions of this Ordinance, federal or state requirements or any order of the City, the City Attorney may, following City authorization of such action, commence an action for appropriate legal and/or equitable relief. (e) AnnualPublication. A list of the customers violating applicable requirements during the 12 previous months shall be annually published by the City Water Utility in a local newspaper. The notification shall also summarize any enforcement actions taken against the customer(s) during the same 12 months. (f) AppeartotheCityCouncil. Any interested party shall have the right to request in writing an interpretation or ruling on any matter covered by this Ordinance and shall be entitled to a written reply from the City. Any decision of the operator in the enforcement of this Ordinance may be appealed to the City Water Utility Commission by filing a written petition with the City Clerk within 30 days of the operator=s ruling. Said petition shall specify in detail the matter or matters involved and every ground or basis on which objections are made. Said petition shall show the name, addresses and telephone numbers of all objectors and their attorney at law or spokesman. The filing of a petition in accordance with the requirements herein shall stay all proceedings unless the operator shall file within 72 hours after the filing of a petition a certificate stating that a stay would cause peril to life or property or specifying other good reason. The City Water Utility Commission shall fix a reasonable time for hearing of the petition or appeal and give due notice of the time and place of said hearing to parties named in the petition as attorney or spokesman. The hearing shall be open to the public. Petitioners shall be given full opportunity to present evidence in support of their petition after which the utility supervisor may present evidence in support of his decision. The City Water Utility Commission shall decide the appeal within a reasonable time and notify the attorney or spokesman. The minutes of the City Water Utility Commission shall constitute the official record of the petition, hearing, and decision. Any party desiring a transcript of the proceedings shall furnish a qualified court reporter at their own expense.

12.14 - Powers and Authority of Inspectors


(1) RIGHT OF ENTRY. The Approving Authority, Utility Director, engineer, plumbing inspector or other duly authorized representative of the Approving Authority bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, testing, all in accordance with the provisions of this Ordinance and S. 196.171 Wisconsin Statutes and PSCW order number 1760-WR-101, schedule X-1.11, amendment 19. The Approving Authority, City engineer, plumbing inspector, or other duly authorized representative of the Approving Authority shall have no authority to inquire into any process beyond that point having a direct bearing on the use of the water service system or on the property of the Utility.

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 31

(2)

Amended 12/2011 APPROVING AUTHORITY. The Approving Authority, Utility Director, or duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on potential discharges to the water service system. If the industry establishes that the revelation to the public of the information in question might result in an advantage to competitors, the Approving Authority may place certain conditions on approval. SAFETY. While performing the necessary work on private premises referred to in Section 12.14(1) the duly authorized representatives shall observe all safety rules applicable to the premises established by the Owner or occupant and the Approving Authority shall indemnify the Owner against loss or damage to its property by Approving Authority representatives and against the liability claims and demands for personal injury or property damage asserted against the Owner and growing out of gauging and sampling operation of the Approving Authority representatives, and indemnify the Owner against loss, or damage to its property by Approving Authority representatives, except as such may be caused by negligence or failure of the owner to maintain safe conditions. The Approving Authority shall report to the owner or occupant any unsafe conditions. IDENTIFICATION, RIGHT TO ENTER EASEMENTS. The Approving Authority, City engineer, Utility Director and other duly authorized representatives of the Approving Authority bearing proper credentials and identification shall be permitted to enter all private properties through which the Approving Authority holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the water system lying within said easement, all subject to the terms, if any, of the agreement.

(3)

(4)

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 32

Amended 12/2011

12.15 - Billing Practice


(1) METER READINGS AND BILLING PERIOD. Readings of all meters used for determining charges to customers shall be taken by the Utility quarterly or for such other period or in such other manner as may be authorized by the Commission. An effort shall be made to read meters on corresponding days of each meter-reading period. The meter reading date may be advanced or postponed not more than 10 days without adjustment of the billing period. Bills for service shall be rendered within 50 days from the reading of the meter except as may be otherwise specifically authorized by the Commission. FAILURE TO READ METER. Refer to PSCW order number 1760-WR-101, schedule X1.6 and X-1.7, amendment 19. BILLING. The property owner is held responsible for all bills on premises that he owns. All bills and notices of any nature, relative to the water service, will be addressed to the owner and/or occupant and delivered to the addressee by first class mail. (a) Each bill, including the customer=s receipt, shall show the present and last preceding meter readings, the date of the present reading, the number of units consumed, the class of service if other than residential, and the rate schedule under which the bill is computed. In lieu of including the rate schedule on the bill the Utility may, whenever a rate change becomes effective and at least twice a year, supply each customer with the schedule of rates at which the bills are computed and any other rates that might be applicable. Bills rendered at rates requiring the measurement of a number of different factors shall show all data necessary for the customer to check the computation of the bill. Minimum and established bills shall be distinctly marked as such. (b) If the Utility is authorized to make late payment charges, such charges shall comply with the following requirements: 1) The bill shall clearly indicate the amount of the late payment charge and the date after which the late payment charge shall be applied. 2) Late payment charges shall be applied no sooner than 20 days after the date of issuance of the bill. 3) The amount of the late payment charge shall be three percent of the bill, except a minimum charge of 30 cents shall apply. 4) Late payment charges shall be applied to all customer classes and rate classifications. 5) The Utility shall not waive any properly applied late payment charges.

(2)

(3)

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 33

Amended 12/2011 6) A late payment charge shall be applied only once to any given amount outstanding. (c) If the Utility reads the meters at the end of each billing period, the Utility may leave the meter reading forms when access to meters cannot be gained. If requested by the customer, the Utility shall provide such forms. If no form is left or the form is not returned in time for the billing operation, a minimum or estimated bill may be rendered. In cases of emergency, the Utility may render minimum or estimate (average) bills without reading meters or supplying meter reading forms to customers. Only in unusual cases or when approval is obtained from the customer, shall more than two consecutive estimated bills be rendered where the billing period is quarterly. (d) If an estimated bill appears to be abnormal when a subsequent reading is obtained, the bill for the entire period shall be computed at a rate which contemplates the use of service during the entire period and the estimated bill shall be deducted. If there is reasonable evidence that the use occurred during only one billing period, the bill shall be so computed. 1) Credits due a customer because of meter inaccuracies, or error in billing, shall be separated from the regular bill and the charges explained in detail. Subsequent to the first billing, the amount may be shown as a separate item on the regular bills. 2) The original billing rendered because of meter inaccuracy, or error in billing, shall be separated from the regular bill and the charges explained in detail. Subsequent to the first billing, the amount may be shown as a separate item on the regular bills. (e) Where a customer=s premises has several buildings, each supplied with service and metered separately, the full service charge shall be billed for each meter separately, the readings shall not be cumulated. If these buildings are all used in the same business and are connected by the customer, they may be metered in one place. If the Utility, for its own convenience, installs more than one meter, the meters shall be cumulated for billing. (4) ADJUSTMENTS OF BILLS. (a) Whenever a positive displacement meter is found upon test to have an average percent registration of more than 102 and whenever a compound or current type meter is found upon test to have an average percent registration of more than 103, a recalculation of bills for service shall be made for the period of inaccuracy assuming an inaccuracy equals to the average percent error in excess of 100.

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 34

Amended 12/2011 (b) For the purposes of this rule, the average percent registration shall be the average percent registration for those normal test points which are within the normal test flow limits of the meter, except that the test point within the "change over" range for compound meters shall be ignored. (For positive displacement meters, the light flow test point would not be considered.) (c) If the period of inaccuracy cannot be determined, it shall be assumed that the full amount of inaccuracy existed during the last half of the period since the meter was installed or last tested; however, the period of accuracy shall not exceed one-half the required test period. (d) If the recalculated bills indicate that more than $5.00 is due an existing customer or $10.00 is due a person no longer a customer of the Utility, the full amount of the calculated difference between the amount paid and the recalculated amount shall be refunded to the customer. The refund to an existing customer may be in cash or as credit on a bill. If a refund is due a person no longer a customer of the Utility, a notice shall be mailed to the last known address and the Utility shall upon request made within six months refund the amount due. The $5.00 and $10.00 thresholds apply to the total utility balance due inclusive of sewer utility charges. (e) Where a meter in service is found not to register or is found to have an average percent registration of less than 97, the Utility may bill the customer for the amount the test indicated has been undercharged for the period of inaccuracy, which period shall not exceed the last six months the meter was in service unless otherwise authorized by the Commission after investigation. This limitation does not apply in the case of wholesale customers. No back bill will be sanctioned if the customer has called to the Utility=s attention his doubts as to the meter=s accuracy and the Utility has failed within a reasonable time to check it. (f) Water leakage adjustments may be given only when a leak occurs which is unknown to a customer. Consumption must be at least 50,000 gallons above the requesting customer=s average usage for the most recent four quarters for commercial, industrial and public authority consumers and 20,000 gallons above the requesting customer=s average usage for the most recent four quarters for residential consumers. An application can be filed for a water leakage credit and/or a sanitary sewer credit. No such adjustments shall be made for water supplied after the customer has been notified and has had an opportunity to correct the condition. (g) Where, because of some deficiency in the Utility=s portion of the facilities and at the request of the Utility, a customer permits a stream of water and flow to prevent freezing of the service or main, the Utility shall adjust his bill for the excess consumption which results.

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 35

Amended 12/2011 (h) A classified record shall be kept of the number of refunds and charges made because of inaccurate meters, misapplication of rates and erroneous billing. A summary of the record for the previous calendar year shall, upon request, be submitted to the Commission by April 1.

(i) Compliant Tests. The Utility shall make an accuracy test without charge of any metering installation upon request of the customer if 24 months or more have elapsed since the last compliant test of the meter in the same location and for a charge of $2.00 per inch of nominal size or fraction thereof, payable in advance, if less than 24 months have elapsed. (5) PAYMENT. User charges shall be payable at the City Hall or at any other officially designated location at the same time that the water statements become due, and payments for water service shall not be accepted without full payment of the customer charges. PENALTIES. Charges levied in accordance with this Ordinance shall be a debt due to the Approving Authority. If the debt is not paid within 20 days after it is due and payable, it shall be deemed delinquent. There shall be an added penalty of 3 percent of the amount of the quarterly bill and of the unpaid balance applied quarterly. Charges and penalties shall constitute a lien under the property services, and be recorded on the tax roll of the City of Edgerton. Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties. NOTIFICATION. Each user shall be notified at least annually, in conjunction with a regular bill, of the rate schedule attributable to water services including an explanation of the charges. FAILURE TO RECEIVE BILL NO PENALTY EXEMPTION. Every reasonable care will be exercised in the proper delivery of bills. Failure to receive a bill, however, shall not relieve any person of the responsibility for payment of user charges within the prescribed period, nor exempt any person from any penalty imposed for delinquency in the payment thereof. DELINQUENT BILLS. The Approving Authority shall furnish the City Clerk with a list of all such lots or parcels of real estate, and the notice shall be given by the Approving Authority. Such notice shall be in writing and shall state the amount of such arrears, including any penalty assessed pursuant to the rules of such Approving Authority; that unless the same is paid by December 1, the same will be levied as a tax against the lot or parcel of real estate to which service was furnished and for which payment is delinquent as above specified. Such notice may be served by delivery to either such owner or occupant personally, or by letter addressed to such owner or occupant at the post office address of such lot or parcel of real estate. Each such delinquent amount, including such penalty, shall thereupon become a lien upon the lot or parcel of real estate to which the service was furnished and payment for which is delinquent. A lien shall be inserted in the City tax roll
Foth & Van Dyke $ 36

(6)

(7)

(8)

(9)

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Amended 12/2011 as provided in Section 66.076(7) of the Wisconsin Statutes in the same manner as water rates are taxed and collected under the provisions of Section 66.089(1) or 66.071(1)(e) of the Wisconsin Statutes. All proceedings in relation to the collection of general property taxes and to the return and sale of property for delinquent taxes shall apply to said tax if the same is not paid within the time required by law for payment of taxes upon real estate.

(10) UNCOLLECTIBLE ACCOUNTS. The Utility shall make every reasonable effort to collect amounts due. If the Utility has exhausted all reasonable methods to collect payment from a customer and the amount due may not be levied as a tax against the lot or parcel of real estate as stated in Section 12.15(9), the account may be written off as uncollectible upon approval of the Utility Commission. Uncollectible account balances less than $10.00 may be written off upon approval of the Utility Director after all reasonable methods to collect payment have been exhausted. The $10.00 threshold applies to the total utility balance due inclusive of sewer utility charges.

12.16 - Disconnection and Refusal of Service


(1) Under no circumstances shall the cumulative time before notice of disconnection be less than 20 days after the date of issuance of the bill and an account may be deemed delinquent for the purpose of disconnection after such period has elapsed. (a) At least 10 calendar days prior to disconnection, the Utility shall give written disconnect notice upon a form which must be in the tariff of the Department filed with the Public Service Commission and which conforms to the requirements of Wisconsin Administrative Code Section PSC 185.37(9) unless excepted elsewhere. (b) When a customer, either directly or through the Public Service Commission, disputes a disconnection notice, the Utility shall investigate any disputed issue and shall attempt to resolve that issue by negotiation. During this investigation and negotiation, the Utility service shall not be disconnected over this matter. (c) If a disputed issue cannot be resolved pursuant to Wisconsin Administrative Code Section PSC 185.39(1), the Utility shall inform the customer of the right to contact the Public Service Commission. (2) Utility service may be disconnected or refused for any of the following reasons: (a) Failure to pay a delinquent account or failure to comply with the terms of a deferred payment agreement (see this Section 12.16(11)). (b) Violation of the Utility=s rules and regulations pertaining to the use of service in a manner which interferes with the service of others or to the operation of nonstandard

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 37

Amended 12/2011 equipment, if the customer has first been notified and provided with reasonable opportunity to remedy the situation. (c) Failure to comply with deposit or guarantee arrangements as specified in Section 12.05. (d) Division of service around the meter. (3) The Utility may disconnect utility service without notice where a dangerous condition exists for as long as the condition exists. Service may be discontinued following a written 24 hour notice for non-payment of a bill covering surreptitious use of water if so provided in the filed tariff of the Utility. Utility service may not be disconnected or refused for any of the following reasons: (a) Non-payment of a delinquent account over six months old where collection efforts have not been made within that period of time unless the passage of additional time results from other provisions herein or from good faith negotiations or arrangements made with the customers. (b) Delinquency in payment for service by a previous occupant of the premises to be serviced other than a member of the same household residing at the same premises. (c) Failure to pay for merchandise or charges for non-utility service billed by the Utility. (d) Failure to pay for a different type or class of utility thereof. (e) Failure to pay the account of another customer as guarantor thereof. (f) Failure to pay charges arising from any under billing occurring more than one year prior to the current billing and due to any misapplication of rates. (g) Failure to pay charges arising from any under billing occurring more than one year prior to the current billing and due to faulty metering. (h) Failure to pay an estimated bill other than a bill rendered pursuant to an approved bimonthly meter reading plan unless the customer upon request refuses to permit the reading of the meter during the normal business hours. (6) The Utility shall not disconnect any residential service without notifying the Rock County Department of Health and Social Services at least 5 calendar days prior to the scheduled disconnection, if the customer or responsible person has made a written request for this procedure to the Utility. The customer shall be appraised of this right upon application for service.
Foth & Van Dyke $ 38

(4)

(5)

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

(7)

Amended 12/2011 Notwithstanding any other provision of this section, the Utility may not disconnect service to a residential customer if disconnection will aggravate an existent medical emergency of the customer, a member of his family or other permanent resident of the premises where service is rendered and if the customer conforms to the procedures described in paragraph (a) below. (a) The Utility shall postpone the disconnecting of service for 21 days to enable the customer to arrange for payment, if the customer produces a licensed Wisconsin Physician=s statement or notice from a public health or social service official which identifies the medical emergency and specifies the period of time during which disconnection will aggravate the circumstances. The postponement may be extended once by renewal of the certificate or notice. No further extension of time shall be granted except upon a showing by the customer of the existence of extraordinary circumstances and further that he has exercised due diligence in meeting the emergency as evidenced in part by close and continuous communication with the Utility.

(b) During the period service is continued under the provisions of this subsection, the customer shall be responsible for the cost of residential utility service. However, no action to disconnect that service will be undertaken until expiration of the period of continued service. (c) If there is a dispute concerning an alleged existent medical emergency, either party shall have the right to an informal review by the Public Service Commission staff. Pending a decision after informal review, residential utility service shall be continued, provided that the resident has submitted a statement or notice as set forth in paragraph (a) of this subsection. (8) The Utility shall not disconnect service unless written notice by first class mail is sent to the customer or personally served at least 10 calendar days prior to the first date of the proposed disconnection. Notice shall be sent to the account name and address, and to the address where service is provided, if different. If disconnection is not accomplished on or before the 10th day after the first notice date, a subsequent notice must be left on the premises not less than 24 hours nor more than 48 hours prior to the disconnection. The Utility shall make a reasonable effort to have a personal or telephone contact with the customer prior to disconnection.

(9)

(10) Disconnection notice shall be given upon a form approved by the Commission, and shall contain the following information: (a) The name and address of the customer and the address of the service, if different.

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 39

Amended 12/2011 (b) A statement of the reason(s) for the proposed disconnection of service and that disconnecting will occur if the account is not paid, or if arrangement is not made to pay the account under deferred payment agreement, or if other suitable arrangements are not made, or if equipment changes are not made. If disconnection of service is to be made for default on a deferred payment agreement, the notice shall include an explanation of the acts of the customer which are considered to constitute default. (c) A statement that the customer should communicate immediately upon receipt of the notice with the Utility=s designated office, listing a telephone number, if he disputes the notice of delinquent account, if he wishes to negotiate a deferred payment agreement as an alternative to disconnection, if any resident is seriously ill, or if there are other extenuating circumstances. (d) A statement that residential Utility service will be continued for up to 21 days during serious illness if the account holder submits a statement or notice pursuant to Section 12.6(7)(a). (e) A statement that the customer may appeal to the Public Service Commission staff in the event that the grounds for the proposed disconnection or the amount of any disagreement remains in dispute after the customer has pursued the available remedies with the Utility. (11) Service shall not be disconnected on a day, or on a day immediately preceding a day, when the business offices of the Utility are not available to the public for the purpose of transacting all business matters unless the Utility provides personnel which are readily available to the consumer 24 hours per day to evaluate, negotiate or otherwise consider the customer=s objection to the disconnection as provided under Section 12.16(5) and (7), and proper service personnel are readily available to restore service 24 hours per day.
(12) Deferred Payment Agreement. The Utility is required to offer deferred payment agreements only to residential accounts. (a) Every deferred payment arrangement entered into due to the customer=s inability to pay the outstanding bill in full shall provide that service shall not be discontinued if the customer pays a reasonable amount of the outstanding bill and agrees to pay a reasonable portion of the remaining outstanding balance in installments until the bill is paid. (b) For purposes of determining reasonableness under these rules, the parties shall consider the: 1) 2) 3) 4) 5) 6) Size of the delinquent account. Customer=s ability to pay. Customer=s payment history. Time that the debt has been outstanding. Reasons why debt has been outstanding. Any other relevant factors concerning the circumstances of the customer.

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 40

Amended 12/2011
(c) A deferred payment agreement shall not include a finance charge. (d) If an applicant for Utility service has not fulfilled terms of a deferred payment agreement, the Utility shall have the right to disconnect pursuant to disconnection of service rules (Section 12.16) and under such circumstances, it shall not be required to offer subsequent negotiation of a deferred payment agreement prior to disconnection. (e) Any payments made by a customer in compliance with a deferred payment agreement or otherwise shall first be considered made in payment of the previous account balance with any remainder credited to the current bill.

12.17 - Dispute Procedures for Disconnection and/or Refusal of Service


(1) Whenever the customer disputes the Utility=s request for a deposit or other guarantee or advises the Utility=s designated office prior to the disconnection of service that all or any part of any billing as rendered is in dispute, or that any matter related to the disconnection or refusal of service is in dispute, the Utility shall: (a) Investigate the dispute promptly and completely (b) Advise the customer of the results of the investigation. (c) Attempt to resolve the dispute. (d) Provide the opportunity for the customer to enter into a deferred payment agreement when applicable in order to settle the dispute. (2) After the customer has pursued the available remedies with the Utility, he may request that the Public Service Commission Staff informally review the dispute issue and recommend terms of settlement. (a) A request for informal review may be made in any reasonable manner such as by written notice or telephoned request directed to the Public Service Commission. (b) There must be at least 5 days between the date the Commission staff mails written notice of terms of settlement after informal review, and any subsequent disconnection. (3) Any party to the dispute after informal review may make a written request for a formal review by the Commission. Such request must be made within 5 days of the date the Commission Staff mails written notice of terms of settlement after informal review. (a) Within 10 days from the time such a request is made, the Commission shall decide on

the basis of the information it has received from the staff whether to hold a hearing on the matter and shall inform both parties of its decision.
(b) If the Commission decides to conduct a formal hearing on the dispute, the customer

shall be required to pay 50 percent of the bill or deposit in dispute to the Utility or post
CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001 Foth & Van Dyke $ 41

Amended 12/2011 bond for that amount on or before date of hearing. Such payment or bond may be waived by the Commission for good cause shown. Failure to pay the specified amount before hearing will constitute waiver by the customer.
(c) Such a hearing shall conform to the procedures described in Section 196.26 to 196.34,

Wisconsin Statutes.
(d) Any such hearing shall be held not less than 10 days following a notice of hearing and a

decision thereon shall be rendered following the conclusion of the hearing. (4) Utility service shall not be disconnected or refused because of any disputed matter while the disputed matter is being pursued in accordance with the provisions of this section. In no way does this relieve the customer from obligation of paying charges which are not in dispute.

12.18 - Revenue
(1) DISPOSITION OF REVENUE. The amounts received from collection of the charges shall be credited to a water account which shows all receipts and expenditures of the water service system. When appropriated by the Approving Authority, the credits to the account shall be available for payment for operations, maintenance, repairs and depreciation of the water service system. Any surplus in the account shall be available for payment of principal and interest of bonds or notes issued and outstanding or which may be issued to provide funds for the water service system or parts thereof, and all or part of the expenses for additions, improvements and other necessary disbursements or indebtedness. REPLACEMENT FUND. Annual income from the customer charges which constitute funds required for AReplacement@ shall be separately accounted for and shall not be utilized for any purpose other than Replacement. FUNDS FOR PUBLIC AND PRIVATE FIRE PROTECTION. Annual income from the customer charges which constitute funds required for APublic and Private Fire Protection@ shall be separately accounted for and shall not be utilized for any purpose. Refer to PSCW order no. 1760-WR-101, schedules F-1 and Upf-1, amendment 19 for coverage conditions.

(2)

(3)

12.19 - Basis for Variable Charges


(1) CUSTOMERS SERVED BY WATER UTILITY WATER METERS. For each parcel of land, building or premises having a connection with the water service system and being served with water solely by the water utility, the quantity of water for billing purposes shall be measured by the water utility water meter used upon the premises.

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 42

Amended 12/2011 In which case a customer feels that a significant amount of water metered is not accurate, the customer can petition the Utility in accordance with Complaint Tests in Section 12.15. Bills will be adjusted as provided in Section 12.11 (2) CUSTOMERS SERVED BY PRIVATE WELLS. Customers served by private wells shall be required to connect to the system if located within the City boundaries in accordance with Section 12.09. OUTSIDE SERVICE. All existing customers located outside of the corporate limits will be charged 125% of the customer service charges. Total service charges may be adjusted to reflect variations in capital costs for outside customers.

(3)

12.20 - Amount of Customer Charges


There is hereby levied and assessed upon each lot, parcel of land, building, premises or unit having a connection with the water service system, a customer service charge, based upon the quantity of water use, pursuant to Section 66.071, Wis. Stats., as amended or renumbered from time to time. Such customer service charges shall be billed to the person, firm, corporation or other entity owning, using or occupying the property served. The customer service charges are set by the Public Service Commission as is scheduled as follows: (1) GENERAL METERED SERVICE. Refer to PSCW order number 1760-WR-1-1, schedule Mg-1 & Mg-2, amendment 19. PUBLIC SERVICE. Refer to PSCW order number 1760-WR-101, schedule Mpa-1, amendment 19. GENERAL WATER SERVICE - UNMETERED. WR-101, schedule Ug-1, amendment 19. Refer to PSCW order number 1760-

(2)

(3)

(4)

SEASONAL, EMERGENCY OR TEMPORARY SERVICE. Refer to PSCW 1760-WR101, schedule Mgt-1, amendment 19. BUILDING AND CONSTRUCTION WATER SERVICE. Refer to PSCW 1760-WR101, schedule Mz-1, amendment 19. BULK WATER. Refer to PSCW 1760-WR-101, schedule BW-1, amendment 19. RECONNECTION CHARGES. Refer to PSCW 1760-WR-101, schedule R-1 amendment 19. SERVICE LATERAL INSTALLATION CHARGE

(5)

(6) (7)

(8)

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 43

Amended 12/2011 (a) The initial service lateral will be installed from the main through the curb stop and box by the Utility for which the cost charged will be in accordance with PSCW 1760-WR101, Schedule Cz-1, amendment 19. (b) The service lateral can be installed by the property owner if approval is obtained from the Utility. (9) PUBLIC FIRE PROTECTION SERVICE FEE. Refer to PSCW 1760-WR-101, schedule F-1, amendment 19.

(10) PRIVATE FIRE PROTECTION SERVICE FEE - UNMETERED. Refer to PSCW 1760WR-101, schedule Upf-1, amendment 19. (11) TOWN OF FULTON WHOLESALE RATE. Refer to PSCW 1760-WR-101, schedule W1, amendment 19.

12.21 - Records Retention


(1) CUSTOMER COMPLAINTS. The Utility shall investigate and keep a record of complaints received by it from its customers in regard to safety, service, or rates, and the operation of its system. The record shall show the name and address of the complainant, the date and nature of the complaint, and its disposition and the date thereof. CONSTRUCTION RECORDS. The Utility shall prepare, or cause to be prepared, and shall keep on file, permanent, and adequate records in the form of maps or clearly descriptive tabular statements, or both, showing the size, kind, and location of all its underground mains and service pipe lines and other construction, and definite locations of all valves and shutoff cocks. The records shall also show dates of construction by year and month. The maps may be part of the continuing property records if they show the size, kind and location of the facilities and the date of construction by month and year. RECORDS AND REPORTS OF SERVICE INTERRUPTIONS. (a) The Utility shall notify the Commission as soon as possible of any unusual occurrence which has caused or is expected to cause an interruption of service for one hour or longer to all of the customers or 500 (or more) customers, whichever number is smaller. (b) The Utility shall maintain a record of interruption showing for each the date and time it began, the duration, the cause, and the approximate number of customers affected. (4) PUMPAGE RECORDS. A permanent record shall be kept of the amount of water pumped into the distribution system each day. The daily pumpage shall be summarized by months of such daily records and monthly summaries kept on file.
Foth & Van Dyke $ 44

(2)

(3)

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Amended 12/2011 (5) METERING EQUIPMENT RECORDS. A test record shall be made whenever a unit of metering equipment is tested but need not be retained after the equipment is again tested if a complete history record is maintained. The test record shall identify the unit and its location, date of test, reason for test, readings before and after tests, a statement of AAs Found@ and AAs Left@ accuracies, a statement of test conditions sufficiently complete to permit checking the calculations employed, identification of the testing standard and the person making the test, and the results of the check or test of any associated remote register device.

12.22 - Validity
(1) REPEAL OF CONFLICTING Ordinance. All Ordinances or parts of Ordinances or regulations or parts of regulations in conflict with this Ordinance are hereby repealed. INVALIDATION CLAUSE. Invalidity of any section, clause, sentence, or provision in the Ordinance shall not affect the validity of any other section, clause, sentence, or provision of this Ordinance which can be given effect without such invalid part or parts. AMENDMENT. The Approving Authority, through its duly qualified officers, reserves the right to amend this Ordinance in part or in whole wherever it may deem necessary, but such right will be exercised only after due notice to all persons concerned and proper hearing on the proposed amendment.

(2)

(3)

12.23 - Audit
(1) ANNUAL AUDIT. The Approving Authority shall conduct an independent annual audit, the purpose of which shall be to maintain accurate accounting records for the revenues and expenditures of the water facility and to re-establish the equity and adequacy of the customer charges relative to changes in system operation, maintenance and replacement costs.

12.24 - Enacting Clause


(1) (2) DATE OF EFFECT. This Ordinance shall take effect and be in force April 1, 2001. DATE OF ENACTMENT (APPROVAL). Passed and adopted by the City Council of the City of Edgerton in the Counties of Rock and Dane and the State of Wisconsin, on the day of , 2001.

City of Edgerton
CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001 Foth & Van Dyke $ 45

Amended 12/2011

By: Mayor, City of Edgerton

Attest: Clerk, City of Edgerton

SEAL

CWS\CAC1\98E008\CHAP12 FOTH FINAL\10000 City of Edgerton - Municipal Water Utility February 2001

Foth & Van Dyke $ 46

Amended 12/2011

Appendix A Public Service Commission Schedules Effective July 13, 1996

Amended 03/08 City of Edgerton Chapter 13 - Municipal Sewer Utility Contents

Page
13.1 Introduction and General Provisions ....................................................................................................................... 1 13.2 Definitions ............................................................................................................................................................... 2 13.3 General .................................................................................................................................................................. 11 13.4 Use of the Public Sewers ....................................................................................................................................... 13 13.5 Control of High Strength, Toxic or Industrial Wastes Directed to Public Sewers ................................................ 19 13.6 Building Sewer Construction................................................................................................................................ 30 13.7 Connections to the Wastewater Collection System ............................................................................................... 34 13.8 Operator of the Wastewater Treatment Facility.................................................................................................... 40 13.9 Private Wastewater Disposal ............................................................................................................................... 41 13.10 Septic Tank and Holding Tank Waste .................................................................................................................. 42 13.11 Damage To or Tampering With Wastewater Facilities......................................................................................... 43 13.12 Violations and Penalties ....................................................................................................................................... 44 13.13 Powers and Authority of Inspectors...................................................................................................................... 48 13.14 Billing Practice ..................................................................................................................................................... 49 13.15 Revenue ................................................................................................................................................................ 51 13.16 Sewer Use Charge System ................................................................................................................................... 52 13.17 Basis for Variable Charges ................................................................................................................................... 54 13.18 Amount of User Charges ...................................................................................................................................... 56 13.19 Significant Contributors ....................................................................................................................................... 59 13.20 Validity................................................................................................................................................................. 61 13.21 Audit..................................................................................................................................................................... 62 13.22 Enacting Clause .................................................................................................................................................... 63

Amended 03/08 13.01 Introduction and General Provisions An Ordinance regulating the use of public and private sewers and drains, private wastewater disposal, the installation and connection of building sewers, the discharge of water and waste into the public sewer system, and providing penalties for violations thereof; and levying and collection of wastewater treatment user charges and cost recovery charges, in the City of Edgerton, Counties of Rock and Dane, State of Wisconsin. This Ordinance shall supersede any previous Ordinance, rules or regulations; and shall repeal all parts thereof that may be inconsistent with this Ordinance. If there is any conflict between this Ordinance and any applicable statute, the state statute shall be controlling. Be it ordained and enacted by the City Council of the City of Edgerton, State of Wisconsin as follows:
(1) MUNICIPAL SEWER UTILITY. The City=s wastewater collection and treatment system shall constitute and be operated as a separate public utility. Chapters 144 and 147 of the Wisconsin Statutes and the Natural Resources Chapters of the Wisconsin Administrative Code relating to the Wisconsin Pollution Elimination System are hereby adopted by reference and incorporated into this Ordinance. Standard Specifications for Sewer and Water Construction in Wisconsin relating to sewer construction and materials are hereby adopted by reference and incorporated into this Ordinance. Chapters Comm. 82 to 87, Plumbing Code of the Wisconsin Administrative Code are hereby adopted by reference and incorporated into this Ordinance.

(2)

(3)

(4)

13.2

Definitions

Unless the context specifically indicates otherwise, the following terms, as used in this Ordinance shall have the meanings hereinafter designated: (1) AMMONIA NITROGEN (NH3-N) shall mean one of the oxidation states of nitrogen, in which + nitrogen is combined with hydrogen in molecular form as NH3 or in ionized form as NH 4. Quantitative determination of ammonia nitrogen shall be made in accordance with procedures set forth in the latest edition of "Standards Methods". APPROVING AUTHORITY shall mean the authority empowered to adopt this Ordinance and any board, commission, or committee designated by it to administer and enforce the terms of this Ordinance. The Approving Authority shall be the Common Council. BIOCHEMICAL OXYGEN DEMAND (BOD5) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter in five (5) days at 20 degrees Centigrade, expressed in milligrams per liter. Quantitative determination of BOD5 shall be made in accordance with procedures set forth in the latest edition of "Standard Methods". BUILDING DRAIN shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and

(2)

(3)

(4)

Amended 03/08
conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.

(5)

BUILDING SEWER shall mean the extension from the building drain to the connection point with the public sewer or other place of disposal, also called house connection. The property owner shall have the responsibility for maintaining the building sewer, including but not limited to, cleaning or clearing the building sewer by rodding or flushing. ABuilding sewer@ is also called Ahouse connection,

lateral or private sewer@. Except as provided in this Ordinance, building drains and building sewers shall not be subject to the jurisdiction of the City of Edgerton and the City of Edgerton shall not be responsible for the construction and/or maintenance of such sewers.
(6) CHLORINE REQUIREMENT shall mean the amount of chlorine, in milligrams per liter, which must be added to wastewater to produce a specified residual chlorine content in accordance with procedures set forth in the latest edition of "Standard Methods". CITY shall mean City of Edgerton. COMBINED SEWER shall mean any sewer intended to serve as a sanitary sewer and a storm sewer. COMMERCIAL USER shall mean any user whose premises are used primarily for the conduct of a profit-oriented enterprise in the fields of construction, wholesale or retail trade, finance, insurance, real estate or services, and who discharges primarily normal domestic wastewater. This definition shall also include multi-family residences having three or more units served by a single water meter.

(7) (8) (9)

(10) COMPATIBLE POLLUTANT shall mean biochemical oxygen demand, suspended solids, nitrogen, pH, or fecal coliform bacteria, plus additional pollutants identified in the WPDES Permit for the publicly owned treatment works receiving the pollutants if such works was designed to treat such additional pollutants, and in part does remove such pollutants to a substantial degree. (11) COMPOSITE SAMPLE (24 hours) shall mean the combination of individual samples taken at intervals of not more than one hour. (11a) CONNECTION CHARGE shall mean a charge for each new User connection to the Sanitary Treatment System or for an existing User connection that increases water meter size or installs an additional meter. (12) DWELLING UNIT shall mean a structure, or that part of a structure, which is intended to be used as a home, residence or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others. (13) EASEMENT shall mean an acquired legal right for the specific use of land owned by others. (14) FIXED CHARGE shall mean the portion of the wastewater service charge based upon the number of dwelling units, the number of customer=s meters/connections to the wastewater treatment system or the size of the customer=s water meters serving the user. Fixed charges shall recover the cost of debt retirement and associated reserves and depreciation associated with the construction, erection, modification or rehabilitation of the wastewater treatment facility and collection system for customer billing and treatment costs relating to infiltration and inflow.

Amended 03/08
(15) FLOATABLE OIL shall mean oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system. (16) FLOW PROPORTIONAL SAMPLE shall mean a sample taken that is proportional to the volume of flow during the sampling period. (17) GARBAGE shall mean the residue from the preparation, cooking and dispensing of food, and from the handling, storage, and sale of food products and produce. (18) GREASE shall mean a group of substances including fats, waxes, free fatty acids, calcium and magnesium soaps, mineral oils, and certain other non-fatty materials as analyzed in accordance with procedures set forth in "Standard Methods". (19) GROUND GARBAGE shall mean the residue from the preparation, cooking, and dispensing of food that has been shredded to such degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers with no particle greater than one-half (2) inch in any dimension. (20) INCOMPATIBLE POLLUTANT shall mean any pollutant which is not a compatible pollutant which will adversely affect or disrupt the quality of wastewater treatment if discharged to a wastewater treatment facility. (21) INDUSTRIAL USER shall mean any user who discharges to the City=s wastewater collection system liquid wastes resulting from the processes employed in industrial, manufacturing, trade, or business establishments or from the development of any natural resource. Industrial user also includes any user whose premises are used primarily for the conduct of a profit-oriented enterprise in the fields of manufacturing, dairy products processing, meat processing, other food and drink products, painting or finishing operations, transportation, communications or utilities, mining, agriculture, forestry or finishing. (22) INDUSTRIAL WASTE shall mean any trade or process waste as distinct from segregated domestic wastes or wastes from sanitary conveniences. (23) INFILTRATION shall mean water unintentionally entering sanitary sewers, building drains, and building sewers from the ground through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. (24) INFLOW shall mean the water discharged into the sanitary sewer, building drains, and building sewers from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, unpolluted cooling water, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface runoff, street wash waters or drainage. (25) INFILTRATION/INFLOW shall mean the total quantity of water from both infiltration and inflow without distinguishing the source.

Amended 03/08
(26) INTERCEPTING SEWER shall mean a sewer whose primary purpose is to convey wastewater from a collection system or systems to a wastewater treatment facility. Size of the sewer is not a factor. (27) INTERFERENCE shall mean the inhibition or disruption of the City=s wastewater collection system, treatment processes or operations which causes or significantly contributes to a violation or to an increase in the magnitude or duration of a violation of any requirement of its WPDES permit, including the impairment of the use or disposal of sludge. (28) SIGNIFICANT CONTRIBUTING USER shall mean an industrial or commercial user of the wastewater collection system which: (a) (b) Has a waste discharge flow of 25,000 gallons or more per average workday; Has a waste discharge flow greater than 5 percent of the flow carried by the wastewater collection system; Has in its waste, a toxic pollutant in toxic amounts as defined in Wisconsin Administrative Code Chapter NR 212; or Has a significant impact, either singly or in combination with other contributing industries, on the wastewater collection system, the quality of sludge, the system=s effluent quality or air emissions generated by the system.

(c)

(d)

(29) MILLIGRAMS PER LITER shall be a weight-to-weight ratio; the milligrams per liter value (mg/l) multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water.
(30) NATURAL OUTLET shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface water or groundwater. (31) NON CONTACT COOLING WATER shall mean the water discharged from any use such as air conditioning, cooling or refrigeration, or during which the only pollutant added to the water is heat. (32) NORMAL DOMESTIC STRENGTH WASTEWATER shall mean sanitary wastewater resulting from the range of normal domestic activities, in which BOD5, SS, total Kjeldahl nitrogen or phosphorus concentrations do not exceed normal concentrations of:

(a) (b) (c) (d)

A five day, 20C, BOD5 concentration of not more than 200 mg/L. A suspended solids concentration of not more than 250 mg/L. A total Kjeldahl nitrogen concentration of not more than 25 mg/L. A phosphorus concentration of not more than 4 mg/L.

(33) OPERATION AND MAINTENANCE (O&M) COSTS shall mean all costs associated with the operation and maintenance of the wastewater treatment facility and wastewater collection system, as well as the costs associated with periodic equipment replacement necessary for maintaining the capacity and performance of the wastewater treatment and collection systems. (34) OPERATOR shall mean a city employee who is licensed by the State of Wisconsin in wastewater operations.

Amended 03/08
(35) ORGANIC NITROGEN shall mean that portion of nitrogen present in organic compounds which includes various forms of proteins and their degradation products of amino acids and polypeptides. Oxidation or organic nitrogen frees the available nitrogen to ammonia nitrogen. Quantitative determination of organic nitrogen shall be made in accordance with procedures set forth in AStandard Methods@. (36) PARTS PER MILLION shall mean a weight to weight ratio; the parts per million value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water. (37) PERSON shall mean any and all persons including any individual, firm, company, municipal, or private corporation, association, society, institution, enterprise, governmental agency, or other entity. (38) pH shall mean the logarithm (base 10) of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for -7 example, has a pH value of 7 and a hydrogen-ion concentration of 10 . (39) PHOSPHORUS (P) shall mean total phosphorus in wastewater, which may be present in any of three principle forms: orthophosphates, polyphosphates, and organic phosphates. Quantitative determination of total phosphorus shall be made in accordance with procedures set forth in the latest edition of "Standard Methods". (40) PRETREATMENT shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to discharge to the City=s wastewater collection system. (41) PRETREATMENT STANDARD shall mean any regulation which applies to industrial users and which contains pollutant discharge limits promulgated by the WDNR or established by the agency. This term includes both prohibited discharge standards set forth or established under Chapter NR 211.10 and categorical pretreatment standards set forth in S. NR 211.11, Wisconsin Administrative Code. (42) PRIVATE SEWER shall mean any sewer outside of a public right-of-way or public easement. Except as provided in this Ordinance, a private sewer shall not be subject to the jurisdiction of the City of Edgerton and the City of Edgerton shall not be responsible for the construction and/or maintenance of such sewer. (43) PROHIBITED DISCHARGE STANDARD shall mean any standard specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to the City=s wastewater collection system by industrial users regardless of industrial category.

Amended 03/08
(44) PUBLIC AUTHORITY shall mean any user whose premises are used for the conduct of the legislative, judicial, administrative, or regulatory activities of federal, state, local, or international units of government; government-owned educational facilities; government-owned health facilities; or government-owned recreational facilities. This does not include government-owned or operated business establishments. It is assumed that Public Authority users have normal domestic strength wastewater unless sampling data or other information demonstrates that greater than normal domestic strength wastewater is discharged. (45) PUBLIC SEWER shall mean any sewer provided by or subject to the jurisdiction of the City of Edgerton. It shall also include sewers within or outside the City of Edgerton boundaries that serve one or more persons and ultimately discharge into the City of Edgerton sanitary sewer system, even though sewers may not have been constructed with City of Edgerton funds. Public sewer shall not include private sewers, building drains or building sewers.

(46) REPLACEMENT COSTS shall mean expenditures for obtaining and installing equipment, accessories, and appurtenances which are necessary during the service life of the treatment facility and collection system to maintain their design capacity and performance for which the systems were designed and constructed. Operation and maintenance costs include replacement costs.
(46a) RESIDENTIAL EQUIVALENT UNIT,orREU, shall mean a measure for a Connection Charge equivalent to one residential dwelling unit. For purposes of this ordinance, one residential equivalent is considered equal to the basic residential meter size 5/8 or 3/4. (47) RESIDENTIAL USER shall mean any user whose premises are used primarily as a domicile for one or more persons and discharges only domestic wastes, but not including dwellings classified as Commercial User, 13.02(9). (48) SANITARY SEWAGE shall mean a combination of water carried from residences, business buildings, institutions and industrial plants (other than industrial wastes from such plants), together with such ground, surface and storm waters as may be present. (49) SANITARY SEWER shall mean a sewer that carries sanitary and industrial water-carried wastes from residents, commercial buildings, industrial plants, and institutions, together with minor quantities of ground, storm and surface water that are not admitted intentionally. (50) SEGREGATED DOMESTIC WASTES shall mean wastes from non-residential sources resulting from normal domestic activities. These activities are distinguished from industrial, trade, and/or process discharge wastes. (51) SEWAGE shall mean the spent water of a community. The preferred term is "Wastewater", 13.02(76). (52) SEWAGE SYSTEM shall mean the composite network of underground conduits carrying wastewater and appurtenances incidental thereto (i.e., manholes, lift stations, service lateral). (53) SEWER shall mean a pipe or conduit that carries wastewater or drainage water. (54) SEWER LATERAL shall mean the portion of system located between the building and the sanitary sewer main.

Amended 03/08
(55) SEWER USER CHARGE shall mean a charge levied on users of the wastewater treatment facility for capital-related expenses, as well as operation and maintenance costs of said facilities. (56) "SHALL" is mandatory, "MAY" is permissible. (57) SLUDGE shall mean the accumulated solids generated during the biological treatment, coagulation or sedimentation of water or wastewater. (58) SLUG shall mean any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation and shall adversely affect the system and/or performance of the wastewater treatment works. (59) STANDARD METHODS shall mean the examination and analytical procedures set forth in the most recent edition of "Standard Methods for the Examination of Water, Wastewater, and Industrial Wastes" published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation. (60) STORM DRAIN (sometimes termed "storm sewer") shall mean a drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source. (61) STORM SEWER shall mean a sewer which carries storm waters and surface drainage but which excludes wastewater. (62) STORM WATER shall mean any flow occurring during or after any form of natural precipitation and resulting therefrom. Storm water does not include industrial and domestic wastewater. (63) STORM WATER RUNOFF shall mean that portion of the rainfall that is drained into the sewers. (64) SUSPENDED SOLIDS (SS) shall mean solids that either float on the surface of, or are in suspension in water, wastewater, or other liquids, and that are removable by laboratory filtering as prescribed in "Standard Methods" and are referred to as nonfilterable residue. (65) TOTAL KJELDAHL NITROGEN (TKN) shall mean the sum total of ammonia nitrogen

and organic nitrogen. Quantitative determination of total Kjeldahl nitrogen shall be made in accordance with procedures set forth in AStandard Methods@.TOXIC DISCHARGES shall
mean discharge containing a substance or mixture of substances which, through sufficient exposure, or ingestion, inhalation, or assimilation by an organism, either directly from the environment or indirectly by ingestion through the food chain, will on the basis of information available cause death, disease, behavioral or immunological abnormalities, cancer, genetic mutations, or developmental or physiological malfunctions, including malfunctions in reproduction or physical deformations, in such organisms or their offspring. (66) TOXIC SUBSTANCE shall mean any substance whether gaseous, liquid or solid which, when discharged to the system in sufficient quantities, interferes with any wastewater treatment process, or constitutes a hazard to human beings or animals, or inhibits aquatic life in the receiving stream of the effluent from the treatment facility. (67) UNMETERED USER shall mean a user who is not connected to the municipal water system thereby does not have his private water supply metered.

Amended 03/08
(68) UNPOLLUTED WATER shall mean water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.

(69) USER shall mean any Residential, Commercial, Industrial, Governmental, Institutional, or other Person that discharges Wastewater to the Wastewater Treatment System, including wastewater haulers. (70) USER CHARGE SYSTEM shall mean that system which generates operation and maintenance (O&M), and replacement revenues equitably for providing each user class with services. (71) USER CLASSES shall mean categories of users having similar flows and water characteristics; that is, levels of biochemical oxygen demand, suspended solids, phosphorus, ammonia nitrogen, etc. For the purposes of this Ordinance, there shall be four user classes: residential, commercial, industrial, and public authority. (72) VARIABLE CHARGE shall mean the portion of the wastewater service charge based on the volume strength of wastewater discharged to the wastewater treatment system. The variable charge shall include the charge for normal strength wastewater and a surcharge if any of the parameters in the discharge exceed those of normal strength wastewater. Variable charges shall recover operation, maintenance and replacement costs except customer billing and treatment costs relating to infiltration and inflow, which are recovered in the fixed charge. (73) CITY shall mean the City of Edgerton, Rock and Dane County, State of Wisconsin. (74) VOLUME CHARGE shall mean a user charge based upon the volume of normal strength wastewater to be transported. (75) WASTEWATER shall mean the spent water of a community. From the standpoint of source, it may mean the combination of the liquid and water-carried industrial or domestic wastes from dwellings, residences, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which is discharged into or permitted to enter the City=s wastewater collection system. (76) WASTEWATER TREATMENT FACILITIES shall mean the treatment system defined in 13.02(78), exclusive of interceptor sewers and wastewater collection systems. All wastewater treatment is provided by the City of Edgerton wastewater treatment facility and all references to wastewater treatment facilities refer to those facilities owned and operated by the City of Edgerton. (77) WASTEWATER TREATMENT SYSTEM shall mean an arrangement of any devices, facilities, structures, equipment, or works owned or used by the City for the purpose of the transmission, storage, treatment, recycling, and reclamation of liquid industrial and domestic wastewater and sludge or necessary to recycle or reuse water, including interceptor sewers, outfall sewers, wastewater collection system, individual systems, pumping, power, and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled water supply such as standby treatment units and clear well facilities; and any works, including land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal or industrial wastes.

10

Amended 03/08
(78) WATERCOURSE shall mean a natural or artificial channel for the passage of water either continuously or intermittently. (79) WDNR shall mean the Wisconsin Department of Natural Resources. (80) WPDES PERMIT shall mean the Wisconsin Pollutant Discharge Elimination System Permit. The Wisconsin Department of Natural Resources has the authority under Chapters 147 and 160, Wisconsin Statutes to issue, reissue, modify, suspend or revoke WPDES permits.

13.3
(1)

General

CITY COUNCIL OF THE City of Edgerton. The management, operation, and control of the Public Utility of the City of Edgerton is vested in the City Council or Sanitary Sewer Utility Committee of said City of Edgerton; all records, minutes, written procedures thereof and financial records shall be kept by the City Clerk of the City of Edgerton. MUNICIPAL SEWER UTILITY OF THE City of Edgerton. The Municipal Sewer Utility of the City of Edgerton shall have the power to construct sewer lines for public use, and shall have the power to lay sewer pipes in and through the alleys, streets, and public grounds within the City boundaries, and generally, to do all such work as may be found necessary or convenient in the management of the wastewater collection system. The City of Edgerton, its officers, agents, and employees, are empowered to enter upon any land for the purpose of inspection or supervision in the performance of their duties under this Ordinance, without liability therefore; and the Approving Authority shall have power to purchase and acquire all real and personal property which may be necessary for construction of the sewer system, or for any repair, remodeling, or addition thereto. CONDEMNATION OF REAL ESTATE. Whenever any real estate or any easement therein, or use thereof, shall in the judgement of the Approving Authority be necessary to the sewer system; and whenever, for any cause, an agreement for the purchase thereof, cannot be made with the owner thereof, the Approving Authority shall proceed with all necessary steps to take such real estate or easement, or use by condemnation in accordance with the Wisconsin Statutes and the Uniform Relocation and Real Property Acquisition Policy Act of 1970, if Federal funds are used. TITLE TO REAL ESTATE AND PERSONAL PROPERTY. All property, real, personal, and mixed, acquired for the construction of the wastewater collection system, and all plans, specifications, diagrams, papers, books and records connected therewith said wastewater collection system, and all buildings, machinery, and fixtures pertaining thereto, shall be the property of said Approving Authority. USER RULES AND REGULATIONS. The user rules, regulations, and user charges are a part of the contract between the utility and every user. Every person who connects to the wastewater collection system is deemed to have consented to be bound by such rules, regulations, and rates. In the event of violation of the rules or regulations, the water and/or sewer service to the violating user may be shut off. Water and sewer service shall not be re-established until all outstanding bills, and shut off and reconnection charges are paid in full, and until such other terms and conditions as may be established by the Approving Authority are met.

(2)

(3)

(4)

(5)

11

Amended 03/08
In addition to all other requirements, the Approving Authority shall be satisfied that the offender will not continue in violation of the rules and regulations before authorizing reconnection of the offender's services. The Approving Authority may change the rules, regulations, and sewer rates from time to time as it deems advisable, and may make special rates and contracts in all proper cases.

13.4
(1)

Use of the Public Sewers

SANITARY SEWERS. No person(s) shall discharge or cause to be discharged any unpolluted waters as storm water, groundwater, roof runoff, subsurface drainage, or cooling water to any sanitary sewer without consent from the Approving Authority. RESTRICTED STORM SEWER DISCHARGE. No person shall discharge or allow to be discharged to the City storm sewer any substance set forth in Section 13.04(5) of this Ordinance. A person shall be deemed to have allowed such discharge when due to storm water runoff or leaching, a discharge of any of the prohibited substances results due to its improper storage outside. No person shall willfully or maliciously obstruct or damage any public or private storm sewer or drain or willfully damage any of the materials employed or used for storm sewers or drains. Any person who violates this section shall upon conviction forfeit not less than $20 nor more than $500 and in default of payment shall be imprisoned until payment of the forfeiture but not exceeding 90 days for each violation.

(2)

(3)

USER CONNECTIONS. The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City of Edgerton and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the City of Edgerton is hereby required at the owner(s)' expense to install suitable toilet facilities therein, and connect such facilities directly to the proper public sewer in accordance with the provisions of Section 13.07(1).
STORM SEWERS. Storm water other than that exempted under Section 13.04(1) and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Approving Authority and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the Approving Authority, to a storm sewer or natural outlet. GENERAL DISCHARGE PROHIBITIONS. Except as hereinafter provided, no user shall discharge or cause to be discharged, directly or indirectly, any of the following described substances into the wastewater disposal system or to any public sewer: (a) Any gasoline, benzene, naphthalene, fuel oil, other flammable or explosive liquid, solid or gas shall be prohibited from the wastewater system. Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the wastewater disposal system or to the operation of the system.

(4)

(5)

(b)

12

Amended 03/08
(c) Any wastewater containing toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity either singly or by interaction with other pollutants to injure or interfere with any wastewater treatment process or which constitutes a hazard to humans or animals, creates a public nuisance, or creates a toxic effect or any hazard in or has an adverse effect on the waters receiving any discharge from the wastewater treatment system or to exceed the limitations set forth in state or federal categorical pretreatment standards. Solid or viscous substances which will or may cause obstruction to the flow in a sewer, require excessive cleaning or maintenance of the sewer, or otherwise interfere with the operation of the wastewater collection and treatment facilities. Examples of substances that may interfere with the proper operation of the wastewater facility are as follows, but not limited to; ashes, sand, mud, straw, shavings, metals, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. Any wastewater having a pH less than 5.0 and more than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the wastewater disposal system. Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other water or wastes are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair or create a condition deleterious to structures and treatment processes. Any wastewater with objectionable color (excessive discoloration) not removed in the treatment process, such as, but not limited to, dye wastes and vegetable wastes or tanning solutions. Any wastewater containing substances which are not amendable to treatment or reduction by the wastewater treatment processes employed, or are amendable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. Any wastewater which creates conditions at or near the wastewater disposal system which violate any statute or any rule, regulation or Ordinance of any public agency or state or federal regulatory body.

(d)

(e)

(f)

(g)

(h)

(i)

13

(j)

Any wastewater having a temperature greater than 150F (65.6C), or causing, individually or in combination with other wastewater, the influent at the wastewater treatment plant to have a temperature exceeding 104F (40C). Quantities of flow, concentrations, or both which constitute a Aslug@ as defined herein, any slug load, which shall mean any pollutant, including oxygen demanding pollutants (BOD5, etc.), released in a discharge of such volume or strength as to interfere with the wastewater treatment system. In no case shall a slug load have a flow rate or contain concentrations or quantities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentrations, quantities or flow of the user during normal operation. Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from consumption on the premises or when served by caterers. The installation and operation of any commercial grinder equipped with a motor of one horsepower or greater shall be subject to the review and approval of the Approving Authority and a permit shall be obtained prior to the installation of any such commercial garbage grinder unit.

Amended 03/08

(k)

(l)

(m) Non-contact cooling water or unpolluted storm or groundwater. (n) Any wastewater containing more than 250 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, fats, wax, grease or product of mineral oil origin, whether emulsified or not containing substances which may solidify or become viscous and any wastewater containing oil and grease concentrations whether emulsified or not which will or may cause obstruction to the flow in the wastewater collection system or other interference with the operations of the wastewater treatment facility. This limitation will be specifically reviewed during evaluation of wastewater treatment processes and may be further limited by the Approving Authority. Wastewater containing inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate) in such quantities that they would interfere with the wastewater disposal system. Any wastewater containing odor-producing substances exceeding limits which may be established by the Approving Authority.

(o)

(p)

(q) Any wastewater having a BOD5, suspended solids or phosphorus concentrations of greater than normal domestic strength as defined in this Ordinance without authorization from Approving Authority. (r) Any wastewater which exert or cause unusual BOD5, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment plant. (s) Any radioactive wastes or isotopes of such half-life or concentration that they do not comply with regulations or orders issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the wastewater treatment system or its personnel.

14

Amended 03/08
(t) Unless more restrictive standards are promulgated by a State or Federal agency which has jurisdiction, no person shall discharge wastewater containing in excess of: 0.5 mg/l arsenic 4.0 mg/l barium 0.01 mg/l cadmium 0.06 mg/l chromium 1.0 mg/l iron 1.00 mg/l copper 0.05 mg/l cyanide 0.20 mg/l lead 0.002 mg/l mercury 2.0 mg/l nickel 0.004 mg/l selenium 0.01 mg/l silver 1.0 mg/l zinc 0.005 mg/l phenolic compounds which cannot be removed by the City=s wastewater treatment process (u) Grease and oil separators and sand interceptors shall be provided when, in the opinion of the Approving Authority, they are necessary for the proper handling of liquids containing floatable grease in excessive amounts, or any flammable fluids, sand, or other harmful ingredients; except that such interceptors and separators shall not be required for private living quarters or dwelling units. All separators and interceptors shall be of a type and capacity as described in Section 13.05(13). In addition, industrial users may not discharge pollutants into the Approving Authority=s wastewater disposal system which pass through or interfere with the operation or performance of the system and thereby cause or significantly contribute to a violation of the City=s WPDES permit. 1. An industrial user significantly contributes to pass-through and the consequent permit violation whenever such user: a) b) Discharges a daily pollutant loading in excess of that allowed by contract with the Approving Authority or by federal, state or local law; Discharges wastewater which is substantially different in nature or constitutes from the user=s average discharge; Knows or has reason to know that its discharge alone or in conjunction with discharges from other sources, would result in a violation of the Approving Authority=s WPDES permit; or Knows or has reason to know that the Approving Authority is, for any reason, violating the final effluent limitations of its WPDES permit and that the industrial user=s discharge, either alone or in conjunction with discharges from other sources, increases the magnitude or duration of the violation.

(v)

c)

d)

2.

An industrial user significantly contributes to interference and the consequent permit violation whenever such user does any of the above, or knows or has reason to know that its

15

Amended 03/08
discharge, alone or in conjunction with discharges from other sources, would result in a violation of the Approving Authority=s WPDES permit or would prevent municipal sludge use or disposal by the Approving Authority=s selected method of sludge disposal in accordance with chapters 144 and 147, Wisconsin Statutes (Sec. 211.10(1) Wis. Adm. Code). (w) The Approving Authority reserves the right to establish by Ordinance more stringent limitations or requirements on discharges to the wastewater collection system if deemed necessary to comply with the objectives presented in this section. No wastewater, regardless of character, shall be discharged to the wastewater system in such a manner as to interfere with the designed operation of the collection systems or treatment facilities, or to cause the treatment system to exceed the limits presented by the WPDES permit. If any wastewater that is proposed to be or is discharged to the collection system contains a substance or characteristics prohibited by this section or which would otherwise create a hazard to life or constitute a public nuisance, the Approving Authority may, after giving notice to the user in writing:
reject the wastewater; require flow equalization of the discharge flow rate; require pretreatment prior to discharge to the wastewater disposal system; and/or require payment to cover the added cost of handling and treating the waste not already covered by service charges in this Ordinance. where pretreatment or flow equalizing facilities are provided, they shall be maintained continuously in satisfactory condition and effectively operated by the user at his expense.

(6)

SPECIAL ARRANGEMENTS. No statement contained in this article shall be construed as prohibiting any special agreement between the Approving Authority and any person whereby an industrial waste of unusual strength or character may be admitted to the wastewater treatment works, provided that all rates and provisions set forth in this Ordinance are recognized and adhered to. NEW CONNECTIONS. New connections to the wastewater collection system shall not be permitted if there is insufficient capacity in the treatment works to adequately transport and/or treat, as required by the WPDES Permit, the additional wastewater anticipated to be received from such connections. FREE SERVICE. No user shall receive free service or pay a user charge less than the user's proportional share of operation and maintenance costs.

(7)

(8)

13.5 Control of High Strength, Toxic or Industrial Wastes Directed to Public Sewers
(1) SUBMISSION OF BASIC DATA. Within three (3) months after passage of this Ordinance, establishments identified by the Approving Authority and discharging industrial wastes to a public sewer shall prepare and file with the Approving Authority a report that shall include pertinent data relating to the quantity and characteristics of the wastes discharged to the wastewater works. Such information shall be provided as per Chapter NR 101 of the Wisconsin Administrative Code. Similarly, each person desiring to make a new connection to the public sewer for the purpose of discharging industrial wastes shall prepare and file with the Approving Authority a report that shall include actual or predicted data relating to the quantity and characteristics of the waste to be discharged.

(2)

EXTENSION OF TIME. When it can be demonstrated that circumstances exist which would create an unreasonable burden on the establishment to comply with the time schedule 16

Amended 03/08 imposed by Section 13.05(1) a request for extension of time may be presented for consideration to the Approving Authority. (3) HIGH STRENGTH OR TOXIC WASTES. High strength or toxic wastes are any waters or wastes which are discharged, or proposed to be discharged, to the public sewers, which contain substances or posses characteristics in excess of normal domestic strength wastewater as defined in Section 13.02 (32) or which in the judgement of the Approving Authority: (a) May be acutely or chronically toxic to aquatic life and wild and domestic animals. (b) May adversely affect humans and cause increased risk of cancer in humans. (c) May impart undesirable tastes or odors to surface waters or aquatic organisms ingested by humans. (d) May prevent present or prospective future use of surface waters for public and private water supplies. (e) May prevent propagation of fish and aquatic life and wild and domestic animal life. (f) May create severe limitations for current and future methods of sludge recycling/disposal.

(g) May have deleterious effects upon the wastewater treatment system, processes or equipment. (h) May cause additional requirements or limitations to become part of the City=s discharge permit. (i) (4) Or may otherwise create a hazard to life, health or constitute a public nuisance.

INDUSTRIAL DISCHARGES. If any waters or wastes are discharged, or proposed to be discharged to the public sewers, which waters or wastes contain substances or possess characteristics that in the judgement of the Approving Authority, may have deleterious effect upon the wastewater works, processes, equipment, or receiving waters, or which otherwise create a hazard to life, health, or constitute a public nuisance, the Approving Authority may: (a) reject the wastes; (b) require pretreatment to an acceptable limit for discharge to the public sewers; (c) require control over the quantities and rate of discharge; and/or

17

Amended 03/08 (d) require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges. The toxic pollutants subject to prohibition or regulation under this Article shall include, but need not be limited to, the list of toxic pollutants or combination of pollutants established by Section 307(a) of the Clean Water Act of 1977 and subsequent amendments. Effluent standards or prohibitions for discharge to the sanitary sewer shall also conform to the requirements for Section 307(a) and associated regulations. Pretreatment standards for those pollutants which are determined not to be susceptible to treatment by the treatment works or which would interfere with the operation of such works shall conform to the requirements and associated regulations of Section 307(b) of the Clean Water Act of 1977 and subsequent amendments. The primary source for such regulations shall be 40 CFR 403, General Pretreatment Regulations for Existing and New Sources of Pollution. (5) CONTROL MANHOLES. Each user discharging high strength, toxic or industrial wastes into a public sewer shall be required by the Approving Authority to construct and maintain one or more control manholes or access points to facilitate observation, measurement and sampling of the waste, including domestic wastewater. The Approving Authority shall have the authority to require the user to construct one or more control manholes as to separate domestic wastewater and industrial wastewater and to require separate sampling of these wastewaters. Within three (3) months after written notification from the Approving Authority, the selected users shall complete construction of the control manholes or access points. Control manholes or access facilities shall be located and built in a manner acceptable to the Approving Authority. If measuring devices are to be permanently installed, they shall be of a type acceptable to the Approving Authority. Control manholes, access facilities, and related equipment shall be installed by the user discharging the waste, at the user's expense and shall be maintained by the user so as to be in safe condition, accessible, and in proper operating condition at all times. Plans for installation of the control manholes or access facilities and related equipment shall be approved by the Approving Authority prior to the beginning of construction. Alternatively, the Approving Authority may choose to install the control manholes, access facilities and related equipment at the establishment discharging the waste. Expenses incurred for this service, however, are the responsibility of the establishment discharging the waste. (6) MEASUREMENT OF FLOW FROM HIGH STRENGTH OR TOXIC WASTE DISCHARGERS. The volume of flow used for computing the user charge shall be the metered water consumption of the person as shown in the records of meter readings maintained by the Approving Authority. 18

Amended 03/08 Provision for deductions. In the event that a person discharging industrial waste into the public sewers produces evidence satisfactory to the Approving Authority that more than 20 percent of the total annual volume of water used for all purposes does not reach the public sewer, then the determination of the water consumption to be used in computing the waste volume discharged into the public sewer may be made a matter of agreement between the Approving Authority and the person. Satisfactory evidence shall be evidence obtained by approved metering. (7) METERING OF HIGH STRENGTH, TOXIC WASTE OR INDUSTRIAL WASTES (a) General. Users designated by the Approving Authority with high levels of flow or with high strength discharge may be required to have monitoring facilities. Approving Authority shall make a determination as to when metering of high levels of flow are needed as well as what frequency of sampling of high strength wastewater is needed. Metering and sampling devices shall be installed, owned and maintained by the discharger subject to the approval of the Approving Authority. Access to the sampling and metering location shall be granted to the Approving Authority or its duly authorized representatives at all times. Within three (3) months after written notification from the Approving Authority, the selected users shall complete the installation of metering and sampling devices. Alternatively, the Approving Authority may choose to install or maintain the metering and sampling devices as the establishment discharging the waste. Expenses incurred for this service, however, are the responsibility of the establishment discharging the waste. (b) Metering. Devices for measuring the volume of wastewater discharged may be required by the Approving Authority if the volume cannot otherwise be determined from the metered water consumption records. (c) Maintenance. A maintenance schedule must be accepted by the Approving Authority. All maintenance and equipment repair shall be performed within a reasonable time as determined by the Approving Authority. Failure to perform maintenance within a reasonable time shall be subject to the same forfeiture and procedural provisions as applied to violation under this Sewer Use Ordinance. Prior to completion of satisfactory repairs, and for any preceding period during which the Approving Authority determines there existed a malfunction, error or bias in the metering and sampling, the volume and strength of the wastewater for that period discharged by the discharger shall be based on historical data and a reasonable engineering estimate of flow and strength, taking account of material known production variations, all as determined by the Approving Authority in consultation with the discharger. If prolonged periods of breakdown are anticipated, approved interim measuring and sampling needs shall be provided, and used to determine the volume and strength of wastewater.

19

Amended 03/08 Following approval and installation of permanent or temporary metering or sampling equipment, such equipment shall not be removed without the consent of the Approving Authority. (8) METERING OF INDUSTRIAL WASTE. Devices for measuring the volume of waste discharge may be required by the Approving Authority if this volume cannot otherwise be determined from the metered water consumption records. Metering devices for determining the volume of waste shall be installed, owned, and maintained by the discharger. A maintenance schedule must be accepted by the Approving Authority. Following approval and installation, such meters may not be removed without the consent of the Approving Authority. HIGH STRENGTH, TOXIC AND INDUSTRIAL WASTE SAMPLING. Industrial wastes discharged into the public sewers shall be subject to periodic inspection and a determination of character and concentration of said wastes. The determination shall be made by the Industry as often as may be deemed necessary by the Approving Authority. Sampling shall be collected in such a manner as to be representative of the composition of the wastes. The sampling may be accomplished either manually or by the use of mechanical equipment acceptable to the Approving Authority. The use of flow proportional composite sampling is preferred. Installation and operation and maintenance of the sampling facilities shall be the responsibility of the user discharging the waste and shall be subject to the approval of the Approving Authority. Access to sampling locations shall be granted to the Approving Authority or its duly authorized representatives at all times. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that at the time the sample was taken. Expenses incurred for sampling the wastes, including the laboratory analytical tests, are the responsibility of the establishment discharging the wastes. (10) ANALYSES. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Ordinance shall be determined in accordance with the latest edition of "Standard Methods." Sampling methods, location times, durations, and frequencies are to be determined on an individual basis subject to approval by the Approving Authority. Determination of the character and concentration of the industrial wastes shall be made by the establishment discharging them, or its agent, as designated and required by the Approving Authority. The Approving Authority may also make its own analyses on the wastes and these determinations shall be binding as a basis for charges. (11) PRETREATMENT. Where required, in the opinion of the Approving Authority, to modify or eliminate wastes that are harmful to the structures, processes or operation of the wastewater treatment works, the person shall provide at their expense such preliminary 20

(9)

Amended 03/08 treatment or processing facilities as may be determined required to render their wastes acceptable for admission to the public sewers. (12) SUBMISSION OF INFORMATION. Plans, specifications, and any other pertinent information relating to proposed flow equalizations, pretreatment, or processing facilities shall be submitted for review of the Approving Authority prior to the start of their construction if the effluent from such facilities is to be discharged into the public sewers. (13) GREASE AND/OR SAND INTERCEPTORS. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Approving Authority, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters to dwelling units. All interceptors shall be of a type and capacity approved by the Approving Authority, and shall be located as to be readily and easily accessible for cleaning and inspection. Discharge of grease, fats, oils or similar waste products of cooking or food shall use below-grade exterior grease interceptors in accordance with the Wisconsin Plumbing Administrative Code Chapter Comm. 82.34(5)(b). If applicant can prove sufficient space is not available outdoors for an exterior grease interceptor, indoor traps may be installed, as approved by Approving Authority. Interior traps shall meet Code Chapter Comm. 82.34(5)(c). In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, and means of disposal which are subject to review by the Approving Authority. Any removal and hauling of the collected materials not performed by owner(s)' personnel must be performed by currently licensed waste disposal firms. (14) ADMINISTRATION. (a) The operator may require that any person discharging or proposing to discharge wastewater to the wastewater treatment system file a periodic discharge report. The discharge report may include, but not be limited to, nature of process, rates of flow, mass discharge rate, raw material and production quantities, hours of operation, number and classification of employees, compliance status with any state or federal pretreatment standards or other information which relates to the generation of waste, including wastewater constituents and quantity of liquid or gaseous materials stored on site, even though they may not normally be discharged. At a minimum, a summary of such data indicating each industrial user=s compliance with this Ordinance shall be prepared quarterly and submitted to the operator. In addition to discharge reports, the operator may require information in the form of Wastewater Discharge Permit applications, self-monitoring reports and compliance schedules. (b) WastewaterDischargePermits 21

Amended 03/08 1) MandatoryPermits. All industries proposing to connect or to commence a new discharge to the wastewater disposal system shall obtain a Wastewater Discharge Permit before connecting to or discharging into the wastewater disposal system. All existing industrial users subject to national categorical pretreatment standards under Section 307(b) and (c) of the Clean Water Act connected to or discharging into the wastewater disposal system shall obtain a Wastewater Discharge Permit within 180 days after the effective date of this Ordinance. 2) Permit Application. Users required to obtain a Wastewater Discharge Permit shall complete and file with the operator an application in the form prescribed by the operator. Existing users shall apply for a Wastewater Discharge Permit within 30 (optional) days after the effective date of this Ordinance, and proposed new users shall apply at least 180 days prior to connecting or discharging to the wastewater disposal system. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information: a) b) Name, address and location (if different from the address); SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended. Wastewater constituents and characteristics including but not limited to those governed by subsection 2(c) of this section as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures set forth in the current edition of Standard Methods for the Examination of Water and Waste Water; Time and duration of discharge; Average daily and peak hourly wastewater flow rates; including daily, monthly and seasonal variations, if any; Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer conditions and appurtenances by the size, location and elevation. Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged, including sludges, floats, skimmings, etc.; Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, state or national categorical pretreatment standards, and (for an existing discharge) a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance and/or additional pretreatment 22

c)

d) e)

f)

g)

h)

Amended 03/08 is required for the use to meet applicable pretreatment standards. If additional operation and maintenance and/or pretreatment will be required, a proposed schedule by which the changes will be completed shall be submitted. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standard. No increment shall exceed 9 months in length and progress reports concerning each increment shall be submitted within 14 days following each increment date; i) j) Each product produced by type, amount and rate of production; Type and amount of raw materials processed (average and maximum per day); Number of full and part time employees, and hours of work; and,

k) l)

Any other information as may be deemed by the operator to be necessary to evaluate the permit application. The operator will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the operator may issue a Wastewater Discharge Permit subject to terms and conditions provided herein. 3) Permit Conditions. Wastewater Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other applicable regulations, user charges and fees established by the City. Permits may contain the following: a) The unit charge or schedule of user charges and fees for the wastewater to be discharged to the wastewater disposal system; Limits on the average and maximum wastewater constituents and characteristics; Limits on average and maximum rate and time of discharge of requirements for flow regulation and equalization; Requirements for installation and maintenance of inspection and sampling facilities, such as mandatory sampling manholes pursuant to Sec. ILHR 82.35, Wis. Adm. Code; Requirements for installation, operation, and maintenance of pretreatment facilities; 23

b)

c)

d)

e)

f)

Amended 03/08 Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and reporting schedule; Compliance schedules; Requirements for submission of technical reports or discharge reports; Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the operator, but in no case less than three years, and affording operator access thereto; Requirements for notification to and acceptance by the operator of any new introduction of wastewater constituents or of any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system; Requirements for notification of slug or accidental discharges as provided in section 515 2(c)(9) of this Ordinance, and reporting of permit violations; Requirements for disposal of sludges, floats, skimmings, etc., and; Other conditions as deemed appropriate by the Approving Authority to ensure compliance with this Ordinance.

g) h) i)

j)

k)

l) m)

4) Permit Duration. Permits shall be issued for a specified time period, not to exceed five years. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user=s existing permit. The terms and conditions of the permit may be subject to modification by the operator during the term of the permit as limitations or requirements as identified in subsection C are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 5) Permit Modifications. Within nine months of the promulgation of a national categorical pretreatment standard, the Wastewater Discharge Permit of users subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a Wastewater Discharge Permit as required by this Ordinance, the user shall apply for a Wastewater Discharge Permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing Wastewater Discharge Permit shall submit to the operator within 180 days after the promulgation of an applicable national categorical pretreatment standard the information required by subsection 2 of this 24

Amended 03/08 section. If the information previously submitted in an application is still current and adequate, only a letter from the user certifying such is required. 6) Permit Transfer. Wastewater Discharge Permits are issued to a specific user for a specific operation. A Wastewater Discharge Permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the Approving Authority operator. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. 7) Permit Revocation: The Approving Authority has the authority to revoke a wastewater discharge permit following the procedures set forth in Section 13.12 (10) - Enforcement.

25

Amended 03/08 (c) MonitoringFacilities. Monitoring facilities to allow inspection, sampling, and flow measurement of the building, sewer and/or internal drainage systems shall be provided and operated by all industrial users. The monitoring facility should normally be situated on the user=s premises, but the operator may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or public vehicles. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and composting of samples for analysis. The facility and sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the operator=s requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the operator, unless a time extension is otherwise granted by the operator. (d) Inspectionand Sampling. The operator shall inspect the facilities of any user or ascertain whether the purpose of this Ordinance is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the operator ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The operator, WDNR and EPA shall have the right to set up on the user=s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with any security guards so that upon presentation of suitable identification, the operator, WDNR and EPA will be permitted to enter, without delay, for the purpose of performing their specific responsibilities. (e) Pretreatment. Users shall provide necessary wastewater treatment as required to comply with this Ordinance and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater shall be operated and maintained at the user=s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the operator for review, and must be acceptable to the operator before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the operator under the provisions of this Ordinance. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the operator prior to the user=s initiation of the changes. All records relating to compliance with pretreatment standards shall be made available by the operator to officials of the EPA or WDNR upon request. Any user subject to a national 26

Amended 03/08 categorical pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of the commencement of a new discharge to the wastewater disposal system, shall submit to the operator during the months of June and December, unless required more frequently in the pretreatment standard or by the Operator, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow. The operator may agree to alter the months during which the above reports are to be submitted. (f) FinalComplianceDateReportingRequirements. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of the commencement of a new discharge to the wastewater disposal system, any user subject to pretreatment standards and requirements shall submit to the operator a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user=s facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the facility into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by the user, and certified to by a qualified professional.

(g) ConfidentialInformation. Information and data obtained from user=s applications, permits, monitoring programs and inspections shall be available to the public or other government agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the operator that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. When requested by the person furnishing a report, and until such time as the information is determined not to be confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this Ordinance, the WPDES permit, and/or the pretreatment programs; provide, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the operator as confidential shall not be transmitted to any governmental agency or to the general public by the operator until and unless a 10-day notification is given to the user. (h) SludgesGenerated. Sludges, floats, skimmings, etc., generated by an industrial or commercial pretreatment system shall not be placed into the City=s wastewater disposal system. Such sludges shall be contained, transported, and disposed of in accordance with all federal, state, and local regulations. Sludge generated by the

27

Amended 03/08 City=s wastewater disposal system shall be managed according to Ch. NR 204 of the Wisconsin Administrative Code, which is hereby incorporated by reference.

13.6
(1)

Building Sewer Construction

WORK AUTHORIZED. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Approving Authority. There shall be two classes of building sewer permits: 1) for residential and commercial service, and 2) for service to establishments producing industrial wastes. In either case, the owner or the owner=s agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgement of the Approving Authority. A permit plus an inspection fee shall be paid to the City at the time the application is filed. No contractor, plumber, pipe fitter or other person shall be permitted to do work on any public sewer or building sewer without first receiving a license from the State of Wisconsin. A separate and independent building sewer shall be provided for every building intended for human habitation or occupancy. Prior to commencement of the work, the permittee shall notify the City of Edgerton at least 48 hours before beginning any excavations. CONNECTION CHARGE. INTRODUCTION. 1) It is the general policy of the City that new Users and users who increase water meter size or install additional meter(s) within the geographic territory served by the City, reasonably participate in the cost of the Citys existing Wastewater Treatment Systems at the time their lands actually receive or increase Sanitary Sewer service. Wastewater Treatment Systems are generally defined as all Intercepting Sewer and related facilities, such as manholes and appurtenances, pumping stations, force mains and the Wastewater Treatment Facilities. In determining what constitutes reasonable participation toward such cost, the City Shall be guided by the principle that the area to be served Shall bear its proportionate share of such costs. The costs of the Wastewater Treatment System in which new Users are required to participate are: i) Costs reasonably and necessary incurred to construct the Wastewater Treatment System to serve the new areas; and ii) Costs of providing excess capacity in the Wastewater Treatment System until such time as the future Users in the new areas connect to the Sanitary Sewer system. The Wastewater Treatment System has a significant physical life. This requires that they be constructed of sufficient capacity to serve present Users and future Users. It is economical to construct Wastewater Treatment Systems with excess capacity. Therefore, it is reasonable 28

(2) (a)

Amended 03/08 that future Users, as well as present Users, pay the total cost of the Wastewater Treatment Systems that serve them. The investment in excess capacity is made for the future Users benefit; and is not available for other uses by the City. Because future Users make no payment until they connect to the Sanitary Sewer, only a part of the total cost of the Wastewater Treatment System can be collected when said facilities are first placed in service. Accordingly, the cost to be recovered at the time of initial construction of the Wastewater Treatment System should be recovered through a Connection Charge. 2) This Connection Charge is enacted pursuant to Section 66.0821(4), Stats. (b) AMOUNT OF CONNECTION CHARGE. The City will complete a significant and substantial expansion of the Wastewater Treatment System in order to accommodate improved service to the areas it services and to accommodate growth and development therein. The City elects to impose a Connection Charge by adopting the cost of plant methodology. Therefore, effective as of January 22, 2007, a Connection Charge is hereby established to be in the amount described in Schedule A. This Connection Charge Shall be adjusted from time to time and the payment thereof is a condition precedent to the provision of Sanitary Sewer service to the property in question. (c) APPLICATION OF CONNECTION CHARGE. In collecting the connection charges, the following shall apply: 1) The Connection Charge is applicable to new Users as well as existing Users who add an additional meter or increase their water meter size. 2) The Utility Commission shall determine the Connection Charge for a User who installs a 3or larger meter. The determination of the Connection Charge for these Users will be based on parameters determined to be relevant to the Commission including but not limited to volume and characteristics of wastewater. A User who installs a water meter 3 or larger for which the fee is established by the Utility Commission shall have the right to appeal the Connection Charge as follows: i) Within thirty (30) days after the notification by the City of the Connection Charge for a 3 or larger water meter, the User may file a written appeal with the Common Council which Shall (i) request a reconsideration of the fee determination and (ii) specify the grounds or reasons therefore. Any request made after the expiration of the aforesaid thirty (30) day period, shall be summarily denied. ii) No appeal shall be taken unless the additional Connection Charges are paid. iii) If a timely appeal is taken, then the Common Council shall hold a hearing at which time the User may present evidence and reasons why Connection Charges determined by the Utility Commission should be reduced. The Common Council shall, within thirty (30) days after such hearing, render its decision. Any appeal from the Common Councils decision Shall be made to the Wisconsin Public Service Commission pursuant to Section 66.0821(5) of the Wisconsin Statutes, as amended. 3) Attached hereto and incorporated herein is Schedule A, which is a conversion schedule for 29

Deleted:

Amended 03/08 equating REUs to meter size. Under no circumstances shall a connection charge be less than one (1) REU. 4) Exemptions. The following situations shall be exempted from payment of the Connection Charge as outlined in this Chapter. i.) Alterations or expansion of an existing building where no additional or larger water meter connections are requested. ii.) The replacement of a building or structure with a new building or structure of the same size and use where no additional or larger water and/or sewer connections are requested. iii.) A change in water meter size shall not be exempted from payment of the Connection Charge; however, a credit shall be given for the current Connection Charge on the old meter size. For example, at the time of an application for a change from a 5/8" meter to a 1" meter, the Connection Charge would equal the current Connection Charge for a 1" meter less the current Connection Charge for a 5/8" meter. iv.) No Connection Charge shall be required, nor credited, for a change in water meter size that results in a decrease in meter size. Any claim for exception must be made no later than the time of application for a permit for a new water meter or a change in water meter size. Any claim not so made shall be deemed waived. (d) PAYMENT OF CONNECTION CHARGE 1) The Connection Charges shall be paid to the City when a building permit is issued for the structure whose Building Sewer will be connected to a public sewer conveying wastewater to the Wastewater Treatment System, except as otherwise provided for herein. A penalty of 1% per month shall be assessed on all Connection Charges not paid at the time; and such penalty shall continue until payment is made in full. For purposes of this Ordinance, Connection Fees are deemed to be a debt due. The determination of Connection Charges by the Commission shall be final, subject to any appeal provided for by law. Attachment A Connection Charge per Equivalent Meter Meter Size 5/8 or 3/4 1 1 1/4 1 1/2 2 3 or larger Equivalency Connection Charge 1 $ 1,000 2.5 $ 2,500 3.75 $ 3,750 5 $ 5,000 8 $ 8,000 To be determined by governing body 30

Amended 03/08

(3)

USE OF OLD BUILDING SEWERS. Old building sewers may be used in connection with new buildings only when they are found on examination and test by the Approving Authority, to meet all requirements for this Ordinance. MATERIALS AND METHODS OF CONSTRUCTION. The size, slope, alignment, materials of construction, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the State of Wisconsin Standard Specifications for Water and Sewer Construction, the Wisconsin plumbing code, the Wisconsin Administrative Code, the State Department of Natural Resources or other applicable rules and regulations of the Approving Authority. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and W.P.C.F. Manual of Practice No. 9 shall apply. BUILDING SEWER GRADE. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary wastewater carried by such building drain shall be lifted by an approved means and discharged to the building sewer. STORM AND GROUND WATER DRAINS. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which are connected directly or indirectly to a public sanitary sewer. Any person in violation of this section shall disconnect all downspouts, groundwater drains, etc., no later than sixty (60) days from the date of an official written notice by the Approving Authority. If any person fails to comply after the expiration of the time provided, the Approving Authority may cause disconnection to be made at the expense of violator. CONFORMANCE TO PLUMBING CODES. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Approving Authority or the procedures set forth in appropriate specifications of the ASTM and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Approving Authority before installation. PLUMBERS. No plumber, pipe fitter, or other person will be permitted to do any plumbing or pipe fitting work in connection with the collection system without first receiving a license from the State of Wisconsin. 31

(4)

(5)

(6)

(7)

(8)

(9)

Amended 03/08 INSPECTION OF CONNECTION. The applicant for the building sewer permit shall notify the Approving Authority when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Approving Authority.

(10) BARRICADES: RESTORATION. All excavations for the building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Approving Authority. (11) INSTALLATION OF BUILDING SEWERS. All building sewers on private property will be installed in accordance with Wisconsin Administrative Code Chapter Comm. 83 "Private Sewage Systems"; specifically Chapter Comm. 83.21 "Building Sewers and Drains". Per Chapter Comm. 83.21, all building sewers will be inspected. The building sewer shall be inspected upon completion of placement of the pipe and before backfilling; and tested before or after backfilling. (12) EXCAVATIONS. In making excavations in streets or highways for laying building sewers or making repairs, the paving and earth removed must be deposited in a manner that will occasion the least inconvenience to the public. No person shall leave any such excavation made in any street or highway open at any time without barricades; and during the night, warning lights must be maintained at such excavations.

32

Amended 03/08 In refilling the opening, after the building sewers are laid, the earth must be laid in layers of not more than 12 inches in depth, and each layer thoroughly compacted to prevent settling. This work, together with the replacing of sidewalks, gravel and paving must be done so as to make the street as good as before it was disturbed, and satisfactory to the Approving Authority. A permit from the Approving Authority or other appropriate governmental body shall be obtained prior to excavating in any street, alley or other public way. (13) TAPPING THE MAINS. No person, except those having special permission from the Approving Authority, or persons in their service and approved by them, will be permitted under any circumstances to tap the mains or collection pipes. The kind and size of the connection with the pipe shall be that specified by said Approving Authority. When possible, pipes should always be tapped on the top, and not within 15 inches (38 cm) of the joint, or within 36 inches (90 cm) of another lateral connection. All connections to existing sewer mains shall be made with a saddle "T" or "Y" fitting set upon a carefully cut opening centered on the upper quadrant of the main sewer pipe and securely strapped on with corrosion resistant straps.

13.7
(1)

Connections to the Wastewater Collection System

AREA TO BE SERVED. The area to which the Edgerton Municipal Sewer Utility provides service shall be strictly limited to the corporate limits of the City of Edgerton with the following exceptions: (a) Sewer service may continue to be furnished to users on State Highway 51, who presently receive service from an existing sewer main, which extends south from the south corporate limit of the City along said highway, a distance of approximately 800 feet. (b) Sewer service may continue to be furnished to users who presently receive service on Blaine Street, north of the city limits by attaching to an existing sewer main. In case said sewer main should be extended north along Blaine Street, the owners of any lateral or laterals shall pay their proportionate share of installing such sewer main.

(2)

MANDATORY HOOKUP. The owner of each parcel of land adjacent to a sewer main on which there exists a building usable for human habitation shall connect to such system within twelve months of notice in writing from the Approving Authority. Upon failure to do so the Approving Authority may cause such connection to be made and bill the property owner for such costs. If such costs are not paid within thirty (30) days, such notice shall be assessed as a special tax lien against the property, all pursuant to Section 144.06 Wisconsin Statutes provided, however, that the owner may within thirty (30) days after the completion of the work file a written request with the Approving Authority stating that he cannot pay such amount in one sum and ask that there be levied in not to exceed three (3) equal installments, 33

Amended 03/08 and that the amount shall be so collected with interest at the rate of 1% over the rate at which Approving Authority can borrow money per annum from the completion of the work, the unpaid balance being a special tax lien, all pursuant to Section 144.06 Wisconsin Statutes. In lieu of the above, the Approving Authority at its option may impose a penalty for the period that the violation continues, after ten (10) days written notice to any owner failing to make a connection to the sewer system of an amount equal to 150% of the average residential charge for sewer service payable monthly for the period in which the failure to connect continues, and upon failure to make such payment said charge shall be assessed as a special tax lien against the property, all pursuant to Section 144.06 Wisconsin Statutes. This Ordinance ordains that the failure to connect to the sewer system is contrary to the minimum health standards of said Approving Authority and fails to assure preservation of public health, comfort, and safety of said Approving Authority. (3) MAINTENANCE OF SERVICES. All sewer services from the point of connection to the public sewer to and throughout the private premises must be maintained free of defective conditions, by and at the expense of the owner or occupant of the property. When any sewer service is to be relaid and there are two or more buildings on such service, each building shall be disconnected from such service and a new sewer shall be installed for each building. (4) APPLICATION TO CONNECT PROPOSED NEW WASTEWATER SYSTEM. Any person located within the corporate limits of the Approving Authority desiring to connect a proposed new wastewater system to the wastewater treatment works shall make a written application to the Approving Authority for permission to make such connection or use. The application shall include a statement of the location or locations at which it is desired to connect, and a statement of the character of the wastewater to be transmitted. Sections 59.065, 145.01(5) and 145.20, Wis. Stats., and the applicable provisions of the Rock and Dane County Code which regulates the installation and maintenance of private sewage systems are hereby incorporated by reference. The Approving Authority shall approve an engineering consultant to design all proposed wastewater systems. All costs and expenses incident to the design and bidding including engineering, permits and other fees associated with the connection or hookup to the wastewater collection system shall be borne by the developer requesting the extension or by the Approving Authority at their discretion. Prior to the design of a proposed new wastewater system, the developer shall secure and furnish proof of an escrow account for the estimated amount of the design costs, the amount to be determined by the Approving Authority. The account shall be so arranged and an escrow agreement executed between the developer, the bank and the Approving Authority to allow the latter to withdraw amounts from the account. The account shall be sufficient to cover payments to all parties 34

Amended 03/08 under contract with the Approving Authority for the design of the wastewater system. This money will not be refunded if the project does not proceed to construction. (5) ALTERATIONS. Alterations to existing wastewater systems connected to the wastewater treatment works, shall be treated as Proposed New Wastewater Systems. The Approving Authority may modify this provision if the sewer connection is not directly connected to an Approving Authority sewer and providing the person has previously presented and has had approved a general overall sewer plan. If such a modification is made, it will be done in writing and must be kept on file by the person to which it applies. After sewer connections have been made in a building or upon any premises, no plumber shall make any alterations, extensions or attachments unless the party ordering such work shall exhibit the proper permit. (6) SEWER MAIN EXTENSIONS. The size and location of the main to be installed shall be approved by the Approving Authority. The cost of an extension, used in computing the assessment (Plan A) or the contribution (Plans B and C) shall be the total cost of construction, including legal and engineering fees. The cost per lineal foot of main installed shall be computed by dividing the total cost of construction, as determined above, by the total length of the extension. (a) APPLICATIONS FOR EXTENSION OF MAINS. 1) Written application for sewer main extensions to any property not fronted by an existing sewer main shall be filed with the City Administrator by the owner of the property desiring the extension. The applicant shall provide the name of the property owner, the legal description of the property, the street location, and the exact nature of the sewer requirements. Signing an application does not constitute a contract for installation of such extension as requested. 2) The Approving Authority is hereby empowered to withhold consideration of any application in which full disclosure of information regarding the purpose of such supply is not clearly and fully set forth by the applicant. 3) The application for extension of mains shall be acted upon by the Approving Authority. The Approving Authority shall determine the plan under which the requested extension is to be installed. 4) If the existing wastewater system is inadequate to provide the requested service, due to lack of capacity or funding ability or for any other reason, the application may be rejected. 5) Proper bedding and compaction of sewer mains is required at all times regardless of soil and weather conditions. The City Engineer shall approve plans and specifications for such projects and shall perform inspections to ensure compliance. Frozen soil will not be allowed for use as sewer main bedding or backfill material. All costs to comply with the above are to be borne by the applicant. (Ord. 95-33). 35

Amended 03/08 (b) EXTENSION PLANS. 1) Plan A i) The cost of the extension shall be immediately assessed against the abutting properties, according to the procedure set forth under Section 66.60, Wisconsin Statutes and Chapter 4 of the City of Edgerton Code of General Ordinances. 2) Plan B. Where the Approving Authority is unwilling to make a special assessment because of low density of prospective customers or for some other reason, extensions shall be made on a customer-financed basis as follows: i) Basis for Determining Contributions from Original Customer. The applicant, called the original customer, shall assume the entire cost of the extensions as defined in the text heading for Section 13.04(5), unless specific written agreements specify otherwise. Additional Customers and Refunds. When additional customers are connected to a sewer main that was financed by the original customer, the Approving Authority may require a contribution from each new customer equal to that which would have been assessed under Plan A, except as noted in the following paragraphs. These contributions shall then be refunded pro rata to the original customer. The cost of the main fronting on property owned by the original customer at the time of the installation of the extension shall be considered to be paid for and no contributions for the cost of the extension shall be required when any connections are made on this frontage nor will any refunds be made to the original customer for said connections. The development period during which refunds shall be made shall be limited to 20 years. iii) Limit of Extension. When an extension beyond an existing extension is required to serve a new customer, the new extension shall be considered as an entirely new project.

ii)

3) Plan C - Subdivisions. Sewer mains for new subdivisions shall be installed according to Plan B, unless a specific written agreement specifies otherwise. The development period during which refunds shall be made shall be limited to 20 years. (7) PERMIT TO CONNECT. Prior to permitting such connection or use, the Approving Authority may investigate, or cause to be investigated, the wastewater system for which 36

Amended 03/08 such connection or use is requested. If the Approving Authority finds such system to be in a satisfactory condition, it will grant a permit for such connection or use. If the Approving Authority finds such system to be defective in operation, construction, design, or maintenance, the Approving Authority will so notify the applicant and will advise him that upon completion of specified alterations, new construction, or changes in supervision or operation, a permit will be granted. Should the plans or specifications not be approved, one copy will be returned to the applicant who will be informed as to the reason for nonapproval. (8) RESERVE CAPACITY. Prior to permitting any connection or use of the treatment works, the Approving Authority shall ascertain that all downstream sewers, interceptors, lift station, force mains, and treatment works have sufficient reserve capacity for volume, suspended solids and BOD5 to assure adequate collection and treatment of the additional wastewater contributed to the wastewater treatment works. The Approving Authority reserves the right to refuse a connection or use permit if the requirements for this subsection cannot be met with the granting of the permit.

37

(9)

Amended 03/08 INSPECTIONS AND SUPERVISION DURING CONSTRUCTION. During the construction of any wastewater system which the Approving Authority has approved, the Approving Authority may, from time to time, inspect the same to see that said work is being done in accordance with the approved plans and specifications. Failure to make such inspections shall not nullify the rights of the Approving Authority to require reconstruction should non-adherence to approved plans be subsequently discovered. Every person in the construction of laterals or wastewater systems, within its jurisdiction, shall require that such construction be under the direction of a Wisconsin Registered Professional Engineer or Licensed Master Plumber, if plan approval was obtained under his license. The Engineer or Master Plumber shall keep accurate records of the location, depth, and length of the sewers as built, and of the location of the Y-branches or slants.

(10) PERMITS - NOT GRANTED. Permits shall not be granted for the connection of combined sewers to the interceptors or municipal sewers. Permits shall not be granted for the connection of any proposed or existing storm sewers to the Approving Authority wastewater treatment works. Connection of catch basin or curb inlets to any sanitary sewer directly or indirectly connected to the wastewater treatment works is strictly prohibited. (11) PHYSICAL CONNECTION. All proposed sewer connections shall be planned to be made at a manhole with the flow lines of the connecting sewer being at or below the manhole shelf or the connection shall be made through an approved drop. At least 24 hours before connection is to be made, notice of such intent must be given to the Approving Authority. When the actual connection is made, it must be done in the presence of an Approving Authority inspector. (12) RECORDS. Records of connections to the wastewater collection system shall be kept by the municipality in which such connections are made and such records shall be available for inspection by the Approving Authority. (13) USER USE ONLY. No user shall allow others or other services to connect to the wastewater collection system through his building sewers and building drains. (14) USER TO PERMIT INSPECTION. Every user shall permit the Approving Authority, or its duly authorized agent, at all reasonable hours of the day, to enter their premises or building to examine the pipes and fixtures, and the manner in which the drains, and sewer connections operate; and they must at all times, frankly and without concealment, answer all questions put to them relative to its use. (15) APPROVING AUTHORITY RESPONSIBILITY. The Approving Authority and its agents and employees shall not be liable for damages occasioned by reason of the breaking, clogging, stoppage, or freezing of any building sewers or building drains; nor from any damage arising from repairing mains, making connections or extensions or any other work that may be deemed necessary. The right is hereby reserved to cut off the water and sewer service at any time for the purpose of repairs, or any other necessary purpose, and permit granted or regulation to the contrary not withstanding. Whenever it shall become necessary to shut off the sewer service within any district of the said 38

Amended 03/08 Approving Authority, the Approving Authority shall, if practicable, give notice to each and every consumer affected within said Approving Authority of the time when such service will be so shut off. (16) USER TO KEEP IN REPAIR. All users shall keep their own building sewers and building drains in good repair and protected from frost, at their own risk and expense, and shall prevent any unnecessary overburdening of the sewer system.

13.8
(1)

Operator of the Wastewater Treatment Facility

DUTIES. The operator of the wastewater treatment facility shall have the following duties: (a) Be responsible for the function of all phases of the wastewater treatment facility for efficient and economical purposes. (b) Keep a complete record showing the costs of materials and labor used for each phase of the facility. (c) Make all necessary chemical analyses at the wastewater treatment plant and fill out and complete all monthly reports to the State. (d) Order necessary materials and repair parts used in the wastewater treatment facility. (e) Keep informed on the latest methods and practices being used in the wastewater treatment facility and put the most economical methods thereof into practical use. (f) Assist, whenever possible, in assistant=s jobs when such assistants are absent or unable to work.

The operator of the wastewater treatment facility shall keep a daily record of all transactions of their office and file a monthly report covering the same with the City Council.

13.9
(1)

Private Wastewater Disposal

RULES. Where a public sanitary sewer is not available under the provision of 13.07(1) and with the approval of the Approving Authority, any building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section. (a) Before commencement of the construction of a private wastewater disposal system or additions to an existing private wastewater disposal system, the owner shall fist obtain a written permit from the office of the City Building Inspector. (b) The type, capacity, location, and layout of a private wastewater disposal system shall comply with all requirements of the Wisconsin Department of Health and Social Services. 39

Amended 03/08 (c) The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the City. (d) No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Health Officer. (e) At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in Section 13.07(1), the building sewer shall be connected to said sewer within 1 year and the private wastewater disposal system shall be cleaned of sludge and filled with sand, gravel or similar material.

13.10 Septic Tank and Holding Tank Waste


(1) SEPTIC TANKS AND HOLDING TANKS PROHIBITED. The maintenance and use of septic tanks, holding tanks or other private disposal system within the sewer service area of the Approving Authority serviced by its wastewater collection system are hereby declared to be a public nuisance and a health hazard. The use of these systems is prohibited unless a special permit is obtained from the Approving Authority. Upon abandonment of the septic tank or holding tank, the tank shall be filled with sand or gravel in a manner acceptable to the Approving Authority. SEPTIC TANK AND HOLDING TANK DISPOSAL. No person in the business of gathering and disposing of septic tank or holding tank wastes shall transfer such material into any disposal area or manhole located within the City of Edgerton boundaries unless a permit for disposal has been first obtained from the Approving Authority. Written application for this permit shall be made to the Approving Authority and shall state the name and address of the applicant; the number of its disposal units; and the make, model and license number of each unit. Permits shall be non-transferrable except in case of replacement of the disposal unit for which a permit shall have been originally issued. The permit may be obtained upon payment of a fee. Annual fees shall be established by the Approving Authority. Any applicant for a permit shall furnish a bond to the City of Edgerton in the amount of $5,000 to guarantee performance. The bond shall be provided prior to the permit being issued. The time and place of disposal will be designated by the Approving Authority. The Approving Authority may impose such conditions as it deems necessary on any permit granted. Bills shall be mailed on a monthly basis and if payments are not received in 30 days thereof, disposal privileges shall be suspended. Any commercial hauler of septic tank or holding tank wastes agrees to carry public liability insurance in an amount not less than one hundred thousand dollars ($100,000) and to protect any and all persons or property from injury and/or damage caused in any way or manner by any act, or failure to act, by any of his employees. A certificate certifying such insurance to be in full force and effect shall be furnished to the Approving Authority. Any wastes discharged into the treatment system shall be of domestic origin and will comply with the provisions of any and all applicable Ordinances of the Approving Authority. A discharger shall not deposit or drain any gasoline, oil, acid, alkali, grease, rags, waste, 40

(2)

Amended 03/08 volatile, or inflammable liquids or other deleterious substances into any manhole nor allow any earth, sand or solid material to pass into any part of the wastewater system. Any person or party disposing of septic tank or holding tank wastes agrees to indemnify and save harmless the Approving Authority from any and all liability and claims for damage arising out of or resulting from work and labor performed.

13.11 Damage To or Tampering With Wastewater Facilities


(1) WILLFUL, NEGLIGENT OR MALICIOUS DAMAGE. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the wastewater facilities. Any persons violating this provision shall be subject to immediate arrest under a charge of disorderly conduct. LIABILITY TO DISCHARGER FOR LOSSES. Any person who intentionally, negligently, or accidentally violates any provisions of this Ordinances shall become liable to the Approving Authority or any downstream user, for any expense, loss or damage occasioned by reason of such violation which the Approving Authority or any downstream user may suffer as a result thereof. This section shall be applicable whether or not a written notice of the violation was given as provided in Section 13.12(1) and without consideration for any penalties which may be imposed for a violation of this Ordinance. DAMAGING SEWERS PROHIBITED. No unauthorized person shall alter, disturb or uncover any connection with or opening into any sanitary sewer or appurtenance thereof without first obtaining written permission from the operator. No person shall willfully or maliciously obstruct, damage, or tamper with any private drain or sewer, or in any structure, appurtenance or equipment which is part of the public sewage collection or disposal system. Any person who violates this provision shall be guilty of disorderly conduct.

(2)

(3)

13.12 Violations and Penalties


(1) WRITTEN NOTICE OF VIOLATION. Any person found to be violating any provision of this Ordinance shall be served by the Approving Authority with a written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. ACCIDENTAL DISCHARGE. Any person found to be responsible for accidentally allowing a deleterious discharge in excess of the limitations and restrictions into the sewer system which causes damage to the treatment facility and/or receiving body of water shall, in addition to a fine, pay the amount to cover damage, both values to be established by the Approving Authority. Any accidental wastewater discharges which violate the prohibitions 41

(2)

Amended 03/08 and limitations shall be reported immediately upon discharge. The Approving Authority shall address any potential fines within 15 days after the end of the month in which the violation is reported or detected, whichever is later. (3) ACCIDENTAL DISCHARGE PENALTIES. The City may levy a minimum fine of $500.00 for an accidental discharge that is reported immediately or a minimum fine of $1,500.00 for an unreported accidental discharge. CONTINUED VIOLATIONS. Any person, partnership or corporation, or any officer, agent or employee thereof, who shall continue any violation beyond the aforesaid notice time limit provided shall, upon conviction thereof, pay a forfeiture of not less than Ten Dollars ($10) nor more than Two Thousand Five Hundred Dollars ($2,500) together with the costs of prosecution. In default of payment of such forfeiture and costs, said violator shall be imprisoned in the County Jail until such forfeiture and costs are paid, but not exceeding 90 days. This, however, shall not bar the Approving Authority from enforcing the mandatory hook-up provision in Section 13.07(1) or any other right the Approving Authority may have. LIABILITY TO APPROVING AUTHORITY FOR LOSSES. Any person violating any provision of this Ordinance shall become liable to the Approving Authority for any expense, loss, or damage occasioned by reason of such violation which the Approving Authority may suffer as a result thereof. CIVIL PENALTIES. Any user who is found to have violated an order of the board or who has failed to comply with any provisions of this Ordinance and the orders, rules, regulations and permits issued hereunder, shall be fined not less than $50 nor more than $1,000 for each offense. In addition to the penalties provided herein, the City may recover reasonable attorney=s fees, court costs, court reporter=s fees and other expenses of litigation by an appropriate action against the person found to have violated this Ordinance or the order, rules, regulations and permits issued hereunder. DIFFERENCES OF OPINION. The Approving Authority attorney shall arbitrate differences between the Approving Authority and sewer users on matters concerning interpretation and execution of the provisions of this Ordinance by the Approving Authority. COSTS OF DAMAGE. Any user violating any of the provisions of this Ordinance or who has a discharge which causes a deposit, obstruction, damage or other impairment to the City=s wastewater collection system shall become liable to the City for any expense, loss or damage caused by the violation or discharge. The operator may add to the user=s charges and fees the costs assessed for any cleaning, repair, or replacement work caused by the violation or discharge. Any refusal to pay the assessed costs shall constitute a violation of this Ordinance. Any user discharging toxic pollutants shall pay for any increased operation, maintenance, and replacement costs caused by said discharge, in addition to any other charge or penalties provided herein. 42

(4)

(5)

(6)

(7)

(8)

Amended 03/08 (9) FALSIFYING INFORMATION. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Ordinance or Wastewater Discharge Permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Ordinance, shall, upon conviction, be punished by a fine of not more than $500 or by imprisonment for not more than six months, or by both.

(10) ENFORCEMENT (a) SlugorAccidentalDischarges. The Approving Authority may suspend the wastewater treatment service of a user and/or a Wastewater Discharge Permit (after informal notice to the discharger) when such suspension is necessary, in the opinion of the Approving Authority to stop an actual or threatened discharge which resents or may present an imminent or substantial danger to the health or welfare of persons, to the environment, or to the wastewater disposal system, or would cause the City to violate any condition of its WPDES. Any user notified of a suspension of the wastewater treatment service and/or the Wastewater Discharge Permit shall immediately stop the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the Approving Authority shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater disposal system or danger to any individuals. The Approving Authority shall reinstate the Wastewater Discharge Permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the slug or accidental discharge and the measures taken to prevent any future occurrence shall be submitted to the operator within 15 days of the date of occurrence. (b) RevocationofPermit. In accordance with the following procedures, the Approving Authority may revoke the permit of any user who fails to factually report the wastewater constituents and characteristics of his discharge; who fails to report significant changes in wastewater constituents or characteristics; who refuses reasonable access to the user=s premises for the purpose of inspection or monitoring or for violation of conditions of its permit, this Ordinance, or applicable state and federal regulations. (c) NotificationofViolation. Whenever the operator finds that any person has violated or is violating this Ordinance, Wastewater Discharge Permit, or any prohibition, limitation or requirement contained herein, the operator may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, unless a shorter time frame is necessary due to the nature of the violation, a plan for the satisfactory correction thereof shall be submitted to the City or by the user. (d) ShowCauseHearing

43

Amended 03/08 1. If the violation is not corrected by timely compliance, the Approving Authority may order any user which causes or allows an unauthorized discharge to show cause before the Approving Authority why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Approving Authority regarding the violation, the reason why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Approving Authority why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation. 2. HearingOfficials. The Approving Authority may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the (assigned department) to: a) issue in the name of the Approving Authority notices of hearings requesting the attendance and testimony of witnesses and the protection of evidence relevant to any matter involved in such hearings; take the evidence; and, transmit a report of the evidence and hearing, including transcripts and other evidence, to the Approving Authority for action therein.

b) c)

44

Amended 03/08 3. Transcripts. At any hearing held pursuant to this Ordinance, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefore. 4. IssuanceofOrders. After the Approving Authority has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. (e) LegalAction. If any person discharges sewage, industrial wastes or other wastes into the City=s wastewater disposal system contrary to the provisions of this Ordinance, federal or state pretreatment requirements or any order of the Approving Authority, the City Attorney may, following Approving Authority authorization of such action, commence an action for appropriate legal and/or equitable relief. (f) AnnualPublication. A list of the users which were significantly violating applicable pretreatment requirements or national categorical pretreatment standards during the 12 previous months shall be annually published by the Approving Authority in a local newspaper. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months. For the purpose of this provision, significant violations would be those violations which remain uncorrected 45 days after notification of noncompliance; which are part of a pattern of noncompliance over a 12 month period, or which involve a failure to accurately report noncompliance.

(f) Appearto theCityCouncil. Any interested party shall have the right to request in writing an interpretation or ruling on any matter covered by this Ordinance and shall be entitled to a written reply from the City. Any decision of the operator in the enforcement of this Ordinance may be appealed to the City Council by filing a written petition with the City Clerk within 30 days of the operator=s ruling. Said petition shall specify in detail the matter or matters involved and every ground or basis on which objections are made. Said petition shall show the name, addresses and telephone numbers of all objectors and their attorney at law or spokesman. The filing of a petition in accordance with the requirements herein shall stay all proceedings unless the operator shall file within 72 hours after the filing of a petition a certificate stating that a stay would cause peril to life or property or specifying other good reason. The City Council shall fix a reasonable time for hearing of the petition or appeal and give due notice of the time and place of said hearing to parties named in the petition as attorney or spokesman. The hearing shall be open to the public. Petitioners shall be given full opportunity to present evidence in support of their petition after which the operator may present evidence in support of his decision. The City Council shall decide the appeal within a reasonable time and notify the attorney or spokesman. The minutes of the City Council shall constitute the official record of the petition, hearing, and decision. Any party desiring a transcript of the proceedings shall furnish a qualified court reporter at their own expense. 45

Amended 03/08

13.13 Powers and Authority of Inspectors


(1) RIGHT OF ENTRY. The Approving Authority, City engineer, operator of the wastewater treatment facility, plumbing inspector or other duly authorized representative of the Approving Authority bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, testing, all in accordance with the provisions of this Ordinance and S. 196.171 Wisconsin Statutes. The Approving Authority, City engineer, operator of the wastewater treatment facility, plumbing inspector, or other duly authorized representative of the Approving Authority shall have no authority to inquire into any process beyond that point having a direct bearing on the kind and source of discharge to the wastewater collection system or wastewater treatment facility. APPROVING AUTHORITY. The Approving Authority or duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry must establish that the revelation to the public of the information in question, might result in an advantage to competitors. SAFETY. While performing the necessary work on private premises referred to in Section 13.13(1), the duly authorized representatives shall observe all safety rules applicable to the premises established by the Owner or occupant and the Approving Authority shall indemnify the Owner against loss or damage to its property by Approving Authority representatives and against the liability claims and demands for personal injury or property damage asserted against the Owner and growing out of gauging and sampling operation of the Approving Authority representatives, and indemnify the Owner against loss, or damage to its property by Approving Authority representatives, except as such may be caused by negligence or failure of the owner to maintain safe conditions. The Approving Authority shall report to the owner or occupant any unsafe conditions. IDENTIFICATION, RIGHT TO ENTER EASEMENTS. The Approving Authority, City engineer, operator of the wastewater treatment facility and other duly authorized representatives of the Approving Authority bearing proper credentials and identification shall be permitted to enter all private properties through which the Approving Authority holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater treatment works lying within said easement, all subject to the terms, if any, of the agreement.

(2)

(3)

(4)

13.14 Billing Practice


(1) BILLING PERIOD. All user service charges for all customers shall be billed on a quarterly basis. All user service charges for significant contributors and for those customers whose water meter is read on a monthly basis shall be billed on a monthly basis.

46

(2)

Amended 03/08 PAYMENT. User charges shall be payable at the City Hall at the same time that the water statements become due, and payments for water service shall not be accepted without full payment of the User charges. PENALTIES. Charges levied in accordance with this Ordinance shall be a debt due to the Approving Authority. If the debt is not paid within 20 days after it is due and payable, it shall be deemed delinquent. There shall be an added penalty of 3 percent of the amount of the quarterly bill and of the unpaid balance applied quarterly. Charges and penalties shall constitute a lien upon the property services and be recorded on the Approving Authority's tax roll. Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties. NOTIFICATION. Each user shall be notified annually, in conjunction with a regular bill, of the rate schedule attributable to wastewater treatment services including an explanation of the charges. BILLING. The property owner is held responsible for all bills on premises that he owns. All bills and notices of any nature, relative to the sewer service, will be addressed to the owner and/or occupant and delivered to the addressee by first class mail. FAILURE TO RECEIVE BILL NO PENALTY EXEMPTION. Every reasonable care will be exercised in the proper delivery of bills. Failure to receive a bill, however, shall not relieve any person of the responsibility for payment of user charges within the prescribed period, nor exempt any person from any penalty imposed for delinquency in the payment thereof. DELINQUENT BILLS. The Approving Authority shall furnish the City Clerk with a list of all such lots or parcels of real estate, and the notice shall be given by the Approving Authority. Such notice shall be in writing and shall state the amount of such arrears, including any penalty assessed pursuant to the rules of such Approving Authority; that unless the same is paid by November 15, the same will be levied as a tax against the lot or parcel of real estate to which service was furnished and for which payment is delinquent as above specified. Such notice may be served by delivery to either such owner or occupant personally, or by letter addressed to such owner or occupant at the post office address of such lot or parcel of real estate. Each such delinquent amount, including such penalty, shall thereupon become a lien upon the lot or parcel of real estate to which the service was furnished and payment for which is delinquent. The lien shall be inserted in the City tax roll as provided in Section 66.076(7) of the Wisconsin Statutes in the same manner as water rates are taxed and collected under the provisions of Section 66.089(1) or 66.071(I)(e) of the Wisconsin Statutes as same has been, and from time to time may be amended or recreated, so far as applicable. All proceedings in relation to the collection of general property taxes and to the return and sale of property for delinquent taxes shall apply to said tax if the same is not paid within the time required by law for payment of taxes upon real estate.

(3)

(4)

(5)

(6)

(7)

47

(8)

Amended 03/08 ADJUSTMENT OF BILLS. Sewer Utility bills may be adjusted in accordance with Section 12.15(4) of the Municipal Water Utility Code. UNCOLLECTIBLE ACCOUNTS. Uncollectible Sewer Utility accounts shall be administered in accordance with Section 12.15(10) of the Municipal Water Utility Code.

(9)

13.15 Revenue
(1) DISPOSITION OF REVENUE. The amounts received from collection of the charges shall be credited to a wastewater account which shows all receipts and expenditures of the wastewater system. When appropriated by the Approving Authority, the credits to the account shall be available for payment for operations, maintenance, repairs and depreciation of the wastewater system. Any surplus in the account shall be available for payment of principal and interest of bonds or notes issued and outstanding or which may be issued to provide funds for the wastewater system or parts thereof, and all or part of the expenses for additions, improvements and other necessary disbursements or indebtedness. The Approving Authority may, by resolution, pledge such surplus or any part REPLACEMENT FUND. Annual income from the sewer use charges which constitute funds required for AReplacement@ shall be separately accounted for and shall not be utilized for any purpose other than Replacement.

(2)

13.16 Sewer Use Charge System


(1) ADDITIONAL DEFINITIONS (a) Operation,MaintenanceandReplacement(O,M&R)Costs shall include all costs associated with the operation and maintenance of the wastewater works as well as the costs associated with periodic equipment replacement necessary for maintaining the design capacity and performance of the wastewater treatment facilities. (b) Replacement Fund. The replacement fund shall be a separate account in which an annual budgeted amount shall be accumulated for purposes of defraying replacement costs as they arise. The replacement fund shall be used exclusively to defray replacement costs as defined in (1) above, during the useful life of the wastewater treatment facility. At the end of such useful life, or at the time of any significant expansion or upgrade of the wastewater facilities, the fund may be used for any proper purpose related to providing wastewater treatment service pursuant to Section 66.076, Wis. Stats., as amended or renumbered from time to time. (c) ResidentialUser shall mean any user whose premises are used primarily as a domicile for one or more persons and discharges only domestic wastes, but not including dwellings classified as commercial users.

48

Amended 03/08 (d) ServiceLife. The term Aservice life@ refers to the expected life of individual pieces of equipment. In many instances, the service life of a piece of equipment will be shorter than the useful life of the overall treatment plant. (e) SewerServiceCharge shall mean a charge levied on users of the wastewater collection and treatment facilities for capital-related expenses as well as operation and maintenance and replacement costs of said facilities. (f) SignificantContributors shall be those users of the wastewater works whose discharges exceed, in one or more parameters (flow, BOD5, TSS, TKN, P), five percent (5%) of the design value for that particular parameter, on such average or peak basis as the Approving Authority deems appropriate.

(g) Surcharge. Any user of the wastewater works whose discharge exceeds in one or more parameters (flow, BOD5, TSS, TKN, P) the concentration of normal domestic wastewater for that parameter shall be subject to a surcharge. The amount of such surcharges shall reflect the costs incurred by the City in removing the high strength BOD5, suspended solids, TKN or P from the wastewater. (h) UnmeteredUser shall mean a user who does not have a meter, installed and maintained by the Approving Authority on their public or private water supply. (i) UserChargeSystem is the methodology for collecting operation, maintenance, replacement and capital costs equitable from each user of the wastewater collection and treatment facilities. UsefulLife. The term Auseful life@ refers to the expected life of the treatment facility if individual pieces of equipment are replaced as necessary.

(j)

(k) VolumeCharge is a sewer use charge based upon normal strength wastewater quantities. (l) WastewaterTreatment Facilities shall mean the wastewater treatment works excluding wastewater collection and transportation systems which deliver wastewater to the treatment plant.

13.17 Basis for Variable Charges


(1) SEWER USERS SERVED BY WATER UTILITY WATER METERS. For each lot, parcel of land, building or premises having a connection with the wastewater system and being served with water solely by the water utility, the quantity of wastewater for billing purposes shall be measured by the water utility water meter used upon the premises. In which case a user feels that a significant amount of water metered does not reach the sanitary sewer that user can, at their own expense, through the Approving Authority, install a second water meter and/or service that would monitor the flow of water used for lawn and 49

Amended 03/08 garden watering, non-contract cooling water or other similar purposes. Charges for sewer use would be made based on the difference between the two meter readings if only a second meter is installed, and on actual water metered for sewer use if a second meter and service are installed. Requests for usage adjustments, or a second meter or service, must be made in writing to the Approving Authority in accordance with 13.17(1)a. Requests for a second meter or service must be made in writing to the Approving Authority. Charges for this service shall be made in accordance with Section 13.17(2). (2) POLICY FOR LEAKAGE ADJUSTMENTS TO WATER & SEWER CUSTOMERS. Water leakage adjustments may be given only when a leak occurs which is unknown to a customer. Consumption must be at least 50,000 gallons above the requesting customer=s average usage for the most recent four quarters for Commercial, Industrial and Public Authority Consumers and 20,000 gallons above the requesting customer=s average usage for the most recent four quarters for Residential Consumers. An application can be filed for a water leakage credit and/or a sanitary sewer credit. No such adjustments shall be made for water supplied after the customer has been notified and has had an opportunity to correct the condition. If the water that was lost passed through the sanitary sewer system, the customer may request a sewer charge credit to off-set a charge imposed in any one billing period. An application for the credit shall include a statement form a licensed plumber that all of the water from the leak was metered for discharge to the sanitary sewer system. Water from a leak that is metered for discharge into a storm sewer is not eligible for this credit. If the request is complete and accurate, the amount of the possible credit will be computed by multiplying the number of gallons of water loss by 75% of the rate per gallon charged for discharge into the sanitary sewer. (3) SEWER USERS SERVED BY PRIVATE WELLS. Sewer users served by private wells shall be required to do the following: Any person discharging wastewater into the public sanitary sewer system who procures any water from other than the water utility, all or part of which is discharged into the public sanitary sewer system, shall be required to have water meters installed for the purpose of determining the volume of water obtained from each of these other sources. Where sewage meters are already installed, the water meters will not be required. The water meters shall be furnished by the Sewer Department and installed under its supervision, all costs being at the expense of the person requiring the meter. The Sewer Department shall charge for each meter a rental charge set by the utility to compensate for the cost of furnishing and servicing the meter. The rental charge shall be billed at the time the sewer charge is billed. The rental charge for water meter follows: MeterSize RentalCharge 50

All Meters

Amended 03/08 50% of the quarterly water base rate set for that size meter installed.

Should the Approving Authority determine that the water usage is too small to justify a meter, the Approving Authority shall have the authority to waive this requirement and a flat rate shall be charged based on estimated water usage and metered rate schedule. (4) MEASUREMENT OF FLOW FROM HIGH STRENGTH OR TOXIC WASTE DISCHARGES. The volume of flow used for computing the variable charge shall be the metered water consumption of the user as shown in the records of meter readings maintained by the water utility, except as noted in Section 13.17(4). Provisions for deductions: In the event that an establishment discharging industrial waste into the public sewers produces evidence satisfactory to the Approving Authority that more than 20% of the total annual volume of water used for all purposes does not reach the public sewer, then the determination of the water consumption to be used in computing the waste volume discharged into the public sewer may be made a matter of agreement between the Approving Authority and the person. Satisfactory evidence shall be evidence obtained by approved metering. (5) METERING AND SAMPLING OF HIGH STRENGTH WASTE. Devices for measuring the volume of waste discharged may be required by the Approving Authority if this volume cannot otherwise be determined from the metered water consumption records. Users designated by the Approving Authority with high levels of flow or with high strength discharges may be required to having monitoring facilities. The Approving Authority shall make a determination as to when metering of high levels of flow are needed as well as what frequency of sampling of high strength wastewaters is needed. FREE SERVICE. No user shall receive free service or pay a user service charge less than the user=s proportional share of all costs as defined in Section 13.18. OUTSIDE SERVICE. All users located outside of the corporate limits will be charged 125% of the user service charges except those currently receiving service as identified in Section 13.07(1). Total service charges may be adjusted to reflect variations in capital costs for outside users.

(6)

(7)

13.18 Amount of User Charges


(1) USER SERVICE CHARGES. There is hereby levied and assessed upon each lot, parcel of land, building, premises or unit having a connection with the wastewater treatment works, a user service charge, based upon the quantity of wastewater discharged, pursuant to Section 66.076, Wis. Stats., as amended or renumbered from time to time. Such user service charges shall be billed to the person, firm, corporation or other entity owning, using or occupying the property served. The user service charges shall consist of a fixed charge and a variable charge as set forth in the following sections. The charges are based on rates contained in the City of Edgerton User Charge System Report (June 1998). 51

Amended 03/08 (2) FIXED CHARGE (a) The fixed charge shall be a minimum charge for all users based upon the number of dwelling units, the number of customer meters/connections to the wastewater treatment works, and the size of the customer=s water meters. This charge includes billing and administration costs, meter reading costs, and a proportion of the following costs: collection and treatment facility system debt, equipment replacement costs, debt coverage cost, contingency costs, collection and treatment facility operating and maintenance costs (including power and supplies), and other general administrative costs. Schedule of Fixed Charges Meter Size/Unit Unmetered or Dwelling Unit e" & :" 1" 1 3" 1 2" 2" 3" 6" (3) VARIABLE CHARGE (a) Users will be billed on the volume and strength of wastewater discharged to the wastewater treatment works. Normal domestic wastewater, defined as wastewater with concentrations of BOD5 of 200 milligrams or less per liter and suspended solids of 250 milligrams or less per liter will be billed upon a volume charge based upon the quantity of flow determined pursuant to Section 13.17. Users discharging wastewater into the wastewater treatment works shall be subject to surcharges, in addition to the volume charge, if their wastewater has a concentration greater than the domestic concentration specified in the preceding sentence. The amount of such surcharges shall reflect the costs incurred by the City in removing the high strength BOD5 or suspended solids from the wastewater. (b) Normal Domestic Sewage Volume charge (metered user) - $5.52/1,000 gallons (c) Wastewater of Greater than Normal Strength Charges to users discharging wastewater of greater than normal strength of wastewater which is 200 mg/l BOD5 and 250 mg/l TSS. The following rates will be used in calculating the surcharge. Parameter Cost 52 Quarterly Charge $30.30 $30.30 $42.00 $50.00 $62.00 $86.00 $142.00 $423.00

Amended 03/08 BOD5 SS $0.55/lb $0.46lb

Charges to users discharging wastewater of greater than normal strength shall be computed in accordance with the formula presented below:
C = F + $5.52 x V + ($0.55 x .00834 x V x B) + ($0.46 x .00834 x V x S)

Where: C F V B S $5.52

= = = = = =

.00834 .7480

= =

Charge to sewer user for operation, maintenance and replacement costs for treatment works Base quarterly fixed charge Wastewater volume in 1,000 gallons Concentration of BOD5 from a user above the normal strength of 200 mg/l Concentration of suspended solids from a user above the normal strength of 250 mg/l Charge for that portion of the waste equal to normal strength wastewater. Includes cost for treating 200 mg/l BOD5, 250 mg/l TSS. Conversion Factor (mg/l to lbs) Conversion Factor (1,000 gallons to 100 cubic feet)

In addition to the above surcharges, the Sewer Department=s costs of sampling and analyzing industrial wastes shall be charged to the applicable industry. (4) HOLDING TANK WASTE DISPOSAL CHARGES. Charges to licensed dischargers shall be computed and accessed on the following basis: Assumed strength BOD5 SS Volume Charge

500 mg/l 1,300 mg/l $4.50/1,000 gallons

(5) SEPTIC TANK WASTE DISPOSAL CHARGES. Charges to licensed dischargers shall be computed and accessed on the following basis: Assumed strength BOD5 SS Volume Charge (6)

2,400 mg/l 9,000 mg/l $25.50/1,000 gallons

SPECIAL ASSESSMENTS. Not included in the foregoing user service charges are the costs associated with providing local collecting facilities to users, which the City may assess, by special assessment, in whole or in part, to the property benefitted thereby.

13.19 Significant Contributors


53

Amended 03/08 (1) GENERAL. Significant contributors shall be those users of the wastewater works whose discharges exceed, in one or more parameters (flow, BOD5, TSS, TKN, P), five percent (5%) of the design value for that particular parameter, on such average or peak basis as the Approving Authority determines is appropriate. (a) Significant contributors will be requested to advise the City of their best estimate of the level of usage of the wastewater treatment facilities that they expect to utilize through the remaining useful life of the wastewater treatment facility. The City may allocate a portion of capacity in the wastewater treatment facilities to specific significant contributors, particularly in the case of new construction, expansion or renovation of such facilities. Significant contributors will then pay capital costs associated with such allocated capacity. (b) Significant contributors will be encouraged to contract with the City as to the amount of such allocated capacity and as to the payment of associated capital costs. In exchange for a contractual commitment to pay such capital costs, the City may protect the contracting significant contributors from capital cost increases that might otherwise result from changes in the number of discharges over whom capital costs might be spread. (c) Significant contributors who have provided projected usage levels to the City prior to a project of construction, expansion or renovation, shall, in the absence of contract provisions to the contrary, have their fixed charge computed on the basis of actual or projected usage levels. The City shall in any such allocation process treat all significant contributors in a manner that is not unreasonable or unjustly discriminatory. The City may change the amount of allocated capacity from the projections provided by the significant contributors, provided any opportunity for such change is made available to all significant contributors. (d) Phosphorus (P) monitoring is required by the Approving Authority in anticipation of future phosphorus limitations. Frequency of monitoring to be determined by the Approving Authority on a case-by-case basis. (e) Significant contributors who connect to the system after any specific construction, expansion or renovation project may only be allocated capacity in that project to the extent the Approving Authority deems such capacity is available. In no event may capacity allocated to a significant contributor under a wastewater service contract with the City be changed in any way without compliance with the terms of the contract. Significant contributors who do not have a contractual commitment to pay specific treatment plant debt service charges may have their allocated capacities and associated fixed charges reduced on a prospective basis if, in the judgement of the Approving Authority, the re-allocated portion of the capacity should be made available to another user. CONNECTION FEE 54

(2)

Amended 03/08 IntroductionandPurpose: Pursuant to the authority of Section 66.55. Wisconsin Statutes, the local impact fees enabling legislation. The purpose of this ordinance is to establish the mechanism for the imposition of connection fees upon new development to finance the capital costs of acquiring, establishing, upgrading, expanding and constructing public facilities which are necessary to accommodate land development. This chapter is intended to assure that new development bears an appropriate share of the cost of capital expenditures necessary to provide public facilities within the city and its service areas as they are required to serve the needs arising out of land development. Payment ofConnectionFees: All requires connection fees, unless expressly excepted in a section of this chapter, shall be paid in full prior to issuance of a permit for a new water meter, or a change in water meter size, whichever is applicable. Connection fee payments shall be assumed to be the responsibility of the owner of record at the time a permit for a new water meter or a change in water meter size is requested. Connection Fee Per Equivalent Meter Meter Size 5/8" or 3/4" 1" 1-1/4" 1-1/2" 2" 3" Equivalency 1 2.5 3.75 5 8 To be determined by governing body Connection Fee $1,000 $2,500 $3,750 $5,000 $8,000

55

Amended 03/08

13.20 Validity
(1) REPEAL OF CONFLICTING Ordinance. All Ordinances or parts of Ordinances or regulations or parts of regulations in conflict with this Ordinance are hereby repealed. INVALIDATION CLAUSE. Invalidity of any section, clause, sentence, or provision in the Ordinance shall not affect the validity of any other section, clause, sentence, or provision of this Ordinance which can be given effect without such invalid part or parts. AMENDMENT. The Approving Authority, through its duly qualified officers, reserves the right to amend this Ordinance in part or in whole wherever it may deem necessary, but such right will be exercised only after due notice to all persons concerned and proper hearing on the proposed amendment.

(2)

(3)

13.21 Audit
(1) ANNUAL AUDIT. The Approving Authority shall conduct an independent annual audit, the purpose of which shall be to maintain accurate accounting records for the revenues and expenditures of the wastewater treatment facility and to re-establish the equity and adequacy of the user charges relative to changes in system operation, maintenance and replacement costs.

13.22 Enacting Clause


(1) DATE OF EFFECT. This Ordinance shall take effect and be in force April 1, 2001. The user charges shall take effect July 1, 2001.

(2) DATE OF ENACTMENT (APPROVAL). Passed and adopted by the City Council of the City of Edgerton in the Counties of Rock and Dane and the State of Wisconsin, on the day of , 2001.

City of Edgerton

By: Mayor, City of Edgerton

Attest: Clerk, City of Edgerton

56

Fassett Cemetery Amended 12/10

CITY OF EDGERTON MUNICIPAL CODE CHAPTER 14 EDGERTON FASSETT CEMETERY


SECTION 14.01 PROPERTY ACCEPTED: The transfer and conveyance of the real property known
as the Fassett Cemetery located in the City of Edgerton and in the Town of Fulton, Rock County, Wisconsin, and the personal property used in connection therewith, from the Fassett Cemetery Association, is accepted and the conditions therein contained complied with.

SECTION 14.02 PUBLIC WORKS COMMITTEE: (Ord. 96-16)


(1) AUTHORITY. The Committee is created pursuant to Section 157.50 of the Wisconsin Statutes and Chapter 2.05(7) of this Municipal Code and shall advise the Common Council as to the regulations on care and management of the Edgerton Fassett Cemetery. (2) POWERS. Said Committee shall have full control and authority to care for, manage and regulate the cemetery and any additions thereto, and to adopt such rules and regulations subject to the approval of the Common Council for the use of the cemetery and interments therein, to determine the sale price of cemetery lots, the amount of annual assessments, perpetual care and charge for work done by cemetery employees, and when any such cemetery rules and regulations have been approved by the Council, they shall be deemed part of this Chapter, and any person violating the same shall be subject to the penalty provided for in violation of this Chapter. (3) SEPARATE BUDGET. Said Committee shall annually submit to the Council, at the time provided by law, a separate budget for the operation and maintenance of the Cemetery. The City Finance Director shall keep an account of all moneys received and disbursed for the Cemetery. (4) SUPERINTENDENT. The Director of Public Works shall be the Superintendent of the cemetery and shall be appointed in accordance with the terms and provisions as set forth in Chapter 2.03(6) of this Municipal Code.

SECTION 14.03 GENERAL SUPERVISION:


(1) The Director of Public Works in his capacity as Superintendent of the Cemetery, under the direction of the Public Works Committee, shall have the general supervision, control, charge and management of the cemetery and all grounds connected therewith, the laying out and sub-dividing of the cemetery grounds into lots and the ornamentation thereof and shall have charge of all interments in the cemetery and the recording of the ownership of all lots therein. (2) TO KEEP ALL CEMETERY RECORDS. The Superintendent shall keep all necessary records of all burials in the cemetery and of all burial permits and of the transfer of ownership of cemetery lots and shall turn the same over to the City Finance Director to be entered into a permanent record to be kept by the Finance Director. (3) RESPONSIBLE TO COMMITTEE. The Superintendent shall be directly responsible to the Public Works Committee and shall abide by such rules and regulations as may be adopted from time to time by the Committee and approved by the Council.

SECTION 14.04 CEMETERY FUND:


(1) HOW CONSTITUTED. Control of Expenditure by Common Council - All moneys derived in any manner from the Fassett Cemetery, whether it be from assessments collected from lot owners, moneys paid for work done by the Superintendent or its employees, moneys received from the sale of lots or moneys received in any manner or from any other source, shall be paid to the City Finance Director and shall be kept by the City Finance Director in a separate fund known as the Cemetery Fund, and the

Fassett Cemetery Amended 12/10

Common Council shall have and is hereby vested with full power to control the expenditure of this fund for the improvement of the cemetery grounds and the purchase of additional land when necessary. (2) COMMITTEE TO SUBMIT BUDGET TO COUNCIL. The Public Works Committee shall as directed each year, file with the City Finance Director an itemized statement of the receipts and disbursements pertaining to the cemetery, for the current year and an estimate for the ensuing year. If the estimated disbursements exceed the estimated receipts for the ensuing year, the Council may make an appropriation from its general fund to cover such deficiency. All excess receipts collected in any year not expended during said year, shall remain in the Cemetery Fund, except in such cases where the Council has made an appropriation from the general fund of the City to the Fund, then such excess of receipts over disbursements up to but not in excess of the amount appropriated from the General Fund of the City shall be returned to the General Fund of the City.

SECTION 14.05 RULES AND REGULATIONS.


(1) SALE AND TRANSFER OF LOTS. (a) PRICE OF LOTS. The Common Council shall fix the price of lots and such price shall include perpetual care. The price per lot is listing at the end of this chapter. (Ord. 96-5) (b) SALE OF LOTS. The sale of lots shall be under the control of the Superintendent, subject to such rules and regulations as the Committee and the Common Council may from time to time prescribe. (c) CONVEYANCE OF LOTS, RECORDING. All conveyance of lots shall be by deed executed by the City Finance Director and the City Administrator. No deed to any lot shall be delivered until said lot is fully paid for. All deeds of lots in said cemetery shall be recorded at length in a book to be kept for that purpose by the City Finance Director, and when so executed and recorded shall vest the title for burial purposes only in the grantee, his heirs and assigns, subject to the following rules, regulations, conditions, limitations and reservations now established and those which may be hereafter adopted by the Common Council for the government or maintenance of said cemetery. (2) FOUNDATION PERMITS. A fee will be charged for issuance of a Foundation Permit (see Fees at the end of this Chapter). This permit is required before a foundation can be placed in the cemetery. The location and construction of the foundation has to be approved by the Superintendent of the Cemetery. (Ord. 96-5) (3) INTERMENT AND DISINTERMENT. (a) SUPERINTENDENT TO ISSUE PERMIT. No interment shall be allowed in said cemetery without a written permit issued by the Superintendent or other duly authorized person in charge of said cemetery. The applicant for a permit shall furnish to the Superintendent the name, sex, nativity, age, cause and date of death of the person to be buried, if known to such applicant, and shall pay to the City Finance Director for such interment to cover the opening of the grave, filling the same, and for attendance at the burial, such sums as may be fixed by the Common Council. The Superintendent shall thereupon issue a permit for such burial and shall keep a record thereof and of the facts furnished as aforesaid, together with the date of burial and the number of the lot upon which said interment is made. Said Superintendent shall report monthly to the Committee the permits issued by him and the facts with reference thereto as above recorded, and the amount paid to the Finance Director for burial fees. Said Committee shall embody the reports of the Superintendent in their normal annual report, which shall be filed in the office of the City Administrator. The owners of lots may allow the interment of other than their immediate family, provided permission is given in writing and the same filed with the Superintendent. Disinterment and removal of the body shall not be made without the permission of the Committee or Superintendent, the lot owner and the next of kin of the deceased. (b) NO BURIAL UNLESS LOT PAID FOR. No burial shall be permitted upon any lot in said cemetery unless the lot is paid for or security for payment made thereof. (4) GRAVES. (a) OPENING, FILLING. The Superintendent shall have charge of digging and filling of all graves, and the Superintendent or one of his assistants shall attend all burials. The cost of digging and filling

Fassett Cemetery Amended 12/10

in of graves shall be set by the Committee and payment for the same shall be made to the City Finance Director before any grave is opened. Winter grave opening regulations shall go into effect from December 1st to April 1st of each year. Additional fees will be charged for funerals and/or grave preparation on Saturdays, Sundays and city recognized holidays. See the end of this chapter for all fees relating to grave openings. (Ord. 96-5) (b) FLOWERS AND PLANTS. The planting of perennials or annuals of taller than 24 inches on graves shall not be permitted. One flower container or one shepherds hook with hanging basket and one solar light shall be allowed per grave. One flower bed will be allowed on a lot, the width of the same to be not over 8 inches and the length not greater than 24 inches. All summer flowers and hanging baskets shall be removed by November 1st of each year or will be removed and destroyed by cemetery personnel. No trees or shrubs shall be planted without the approval of the Superintendent. (A suggested list may be obtained from the Superintendent.) (c) Plastic wreaths or plastic floral arrangements shall be limited to one for each grave space. All such plastic wreaths or plastic floral arrangements will be removed and destroyed by cemetery personnel on April 15th of each year. (d) No other objects or memorials are allowed that cannot be placed on the headstone or its foundation.

(5) MONUMENTS, MARKERS AND VAULTS. (a) LOTS MUST BE PAID FOR. No monument or grave marker will be permitted to be erected on a lot which has not been fully paid for. (b) PERMIT. Before any monument or headstone is constructed or placed upon any lot or grave site, a permit therefore shall be secured by lot owners or monument firms from the Superintendent which shall contain such information and data as may be prescribed by the Committee. (c) FOUNDATION, EXPENSE. All foundations for monuments, headstones and markers shall be constructed by monument companies selling or providing such monuments, headstones or markers, and shall be placed, constructed, and provided to conform to the rules and regulations adopted by the Public Works Committee. All expense and costs of said foundation, shall be the responsibility of and be paid by the company or organization selling monument, headstone or marker. A Foundation Permit is required. (See 14.05 (2) e.) (d) NO ADVERTISING ALLOWED. No dealers' or manufacturers' cards or advertisements shall be marked on any stone or placed anywhere within the limits of the cemetery. (e) RULES FOR PLACING MONUMENTS. Workmen engaged in placing monuments, headstones or markers or doing any other work, shall provide suitable planks on which to move the same, and immediately after the work is completed all rubbish must be cleared away and the ground left clean and in good condition. Adjoining lots, paths or roads where work is being done must not be blocked or damaged. All workmen engaged in erecting markers or other structures are prohibited from tying ropes to trees, shrubbery or other objects, and are prohibited from littering grounds longer than is absolutely necessary, and the surrounding lots must be restored to their proper condition. In cases of neglect such removal or repair work will be made by the cemetery employees at the expense of the lot owner or the contractor. Locations for monuments and foundations must be done under the direction of the Superintendent. (f) NO RESPONSIBILITY FOR DAMAGE. The Committee, the Superintendent or other employee thereof shall not be responsible for any damage to the lots or structures thereon, or for flowers or plants removed from any lot. Any damage or loss shall be reported to the Superintendent who shall endeavor to discover the offender. (g) CURBING, FENCES, ETC., PROHIBITED. Curbing or fences of any nature around lots, or corner stones or foot markers thereon are prohibited and the Superintendent may remove the same at the cost of the owner of such lot.

Fassett Cemetery Amended 12/10

(h) VAULTS OR MAUSOLEUMS NOT ALLOWED. No vaults or mausoleums shall be constructed or erected in said cemetery. (i) CONCRETE BOXES OR BETTER REQUIRED. No burials will be allowed unless the casket is enclosed in a concrete box or better.

SECTION 14.06 CONDUCT OF THE PUBLIC IN CEMETERIES.


(1) LOITERING PROHIBITED. No person shall loiter in said cemetery after dark. (2) NO WALKING ON LOTS. All visitors shall walk on paths and avenues and shall refrain from walking over lots to make a shortcut through the cemetery. (3) SPEED LIMIT. No automobiles or other motor vehicles shall be operated or driven in the cemetery in excess of 10 miles per hour. (4) DOGS NOT ALLOWED. No dogs shall be allowed in the cemetery. (5) U-TURNS NOT PERMITTED. No U-turns shall be permitted on any drive or avenue. (6) RUBBISH TO BE DEPOSITED IN RECEPTACLES. No rubbish shall be thrown on any avenues, walks or any part of the grounds, but shall be deposited in receptacles provided for that purpose. (7) PICKING FLOWERS, DEFACING MONUMENTS PROHIBITED. No person shall pluck or remove any flowers, either wild or cultivated, or break any tree, shrub or plant, or write upon, deface or injure any marker, monument, or structure in or belonging to the cemetery or any lot owner. (8) DISCHARGING FIREARMS, CATCHING ANIMALS, ETC., PROHIBITED. No person shall destroy bird nests, discharge firearms of any kind of nature, throw stones or catch or kill any animal on the cemetery grounds. (9) FIREARMS PROHIBITED EXCEPT BY MILITARY COMPANIES, ETC. No person carrying firearms, excepting police or military companies attending funerals, will be permitted in said cemetery. (10) DISTURBANCE PROHIBITED. No person shall disturb the quiet and good order of the cemetery by noise or other improper conduct. (11) ADVERTISING PROHIBITED. No advertising signs may be erected or maintained in said cemetery. (12) SNOWMOBILES, ALL-TERRAIN VEHICLES. No snowmobiles or all-terrain vehicles are permitted in the cemetery.

SECTION 14.07 CARE AND PLANNING.


(1) BY THE COMMITTEE. (a) POWER TO LAY OUT AND ALTER WALKS, ETC., AND MAKE RULES. The Committee may from time to time lay out or alter avenues and walks and make such rules, regulations, conditions, limitations and restrictions as they may deem necessary for the government and improvement of said cemetery subject to the approval of the Common Council. All lots and owners thereof shall be subject to the conditions, restrictions, limitations, reservations, rules and regulations now in effect or such as the Common Council may from time to time adopt for the government and improvement of said cemetery. (b) TREES MAY BE TRIMMED OR REMOVED. The Superintendent shall have the right to enter upon any lot and trim or remove therefrom any tree or shrubbery on such lots when the same becomes detrimental to adjacent lots, avenues, walks or roads, or inconveniences people passing by, because of roots, branches or otherwise.

SECTION 14.08 PERPETUAL CARE:


(1) DEFINITION. The term "Perpetual Care" shall mean the cutting of grass at reasonable intervals, the raking and cleaning of a lot or grave, the pruning and trimming of shrubs and trees, and such work as may be necessary to keep the lot or grave in a good and neat condition in the manner as is now regularly done upon the lots or graves located in said cemetery. It shall also include the removal of snow from the roadway to the cemetery lot, and the clearance of a sufficient space adjacent to the lot to facilitate the conducting of a burial. The construction, repair or replacement of any foundation, marker, headstone, monument or other structure, the planting of flowers or plants, the cleaning of monuments or stones, or any other special work are not included in the term "Perpetual Care", and such work shall be paid for by

Fassett Cemetery Amended 12/10

the lot owner at rates to be determined by the Common Council. The same service given to lots upon which perpetual care has been paid shall likewise, be given lots the upkeep of which is paid for on the annual assessment plan. (2) FUNDS HELD IN TRUST. (a) TRUST FUNDS TO BE PAID TO CITY FINANCE DIRECTOR. The Finance Director will receive and hold in trust any and all sums of money from any person, the income of which is to be used for the care and improvement of said cemetery or any lot or appurtenance therein.

SECTION 14.09 PENALTY: Any person violating any provision of this Chapter shall be penalized as
provided in Section 1.06 of this Code. A separate offense shall be deemed committed on each day on which a violation occurs or continues. FEES 14.05(1)(a) 14.05(1)(a) 14.05(2) 14.05(4)(a) Grave Space Block 1,2,3 Grave Space Block 4 - 17 Foundation Permits Grave Openings: ...Fassett Adult ...Contract Service Adult ...Fassett Child ...Contract Service Child ...Fassett Cremation ...Contract Cremation $125.00 $250.00 $ 25.00 $275.00 $300.00 $150.00 $175.00 $100.00 $100.00

Openings after 2:30 p.m. On Weekdays add on $ 75.00 Winter Rate add on $ 75.00 Weekend/Holiday add on $150.00 Weekend/Holiday Preparation When Frost Pan is Needed $150.00 UNIFORM FINES & PENALTIES 14.06(1) 14.06(2) 14.06(3) 14.06(4) 14.06(5) 14.06(6) 14.06(7) 14.06(8) 14.06(9) 14.06(10) 14.06(11) Loitering in Cemetery Walking on Lots Speed in Excess of 10 mph Dogs Not Allowed Making a U-turn Littering in Cemetery Defacing Monuments Discharging Firearms Possession of Firearms Disturb the Peace Erect a Sign 1.06 1.06 1.06 1.06 1.06 1.06 1.06 1.06 1.06 1.06 1.06

(Ord. 96-5)

$200 $200 $200 $200 $200 $200 $200 $200 $200 $200 $200

Parks Amended 06/2012

CITY OF EDGERTON MUNICIPAL CODE CHAPTER 15 PARKS


SECTION 15.01 CEMETERY AND PARK COMMISSION.
(1) CREATION. A Cemetery and Park Commission is created pursuant to Sections 27.08 of the Wisconsin Statutes and shall have the duties and authority prescribed therein and in Section 2.05(7) of this Municipal Code and shall provide for the care and management of the parks and recreation programs in the City. (a) POWERS. Said Commission shall advise the Common Council on the care for, management and regulatation of all parks now owned or hereafter acquired and shall manage and regulate the recreation program of the City subject to the rules and regulations as may be adopted by the Common Council from time to time. (b) FUNDS AND BUDGET OF PARKS AND RECREATION. Said Commission shall annually submit to the Council, at the time provided by law, requested budgets for the operation and maintenance of the Parks and Recreation Program. The City Administrator shall keep an account of all monies received and disbursed for the Parks and Recreation Program. (c) The Director of Public Works shall have direct supervision of all parks and recreation programs and shall be appointed in accordance with Chapter 2.03(6). (2) POWERS AND DUTIES. (a) GENERAL SUPERVISION. The Director of Public Works, under the direction of the Commission, shall have the general supervision, control, charge and management of the parks and all grounds connected therewith. (b) RESPONSIBLE TO COMMISSION. The Director shall be directly responsible to the Commission and shall abide by such rules and regulations as may be adopted from time to time by the Commission and approved by the Council.

SECTION 15.02 PARK REGULATIONS.


It shall be unlawful for any person: (1) ALTERATION PROHIBITED. To alter or change or cause to be altered or changed, anything within any park unless permitted to do so by the Common Council. (2) MOTOR VEHICLES REGULATED. To drive any motor vehicle faster than ten miles an hour and to drive any vehicle except upon the established roadways. (3) INJURIES TO TREES AND SHRUBS PROHIBITED. To willfully injure, cut down or destroy any fruit, shade or ornamental tree or shrub standing or being within any park. (4) NO ANIMALS. Repealed with Ordinance No. 97-35, see Chapter 29. (5) OFFICIAL SIGNS FOR RUBBISH. To place or leave any rubbish of any nature within any park, except where designated by official signs erected by the City. (6) SIGNS AND BARRICADES. To interfere with, break down, deface, remove, or cause to be interfered with, broken down, defaced or removed, any sign, guard, protection, barrier or barricade, placed in any park. (7) POLICE OFFICER ORDERS. To disobey or disregard the orders of any police officer when commanding any person to desist in a violation of any provision of this Chapter or the regulations prescribed by the Commission. (8) TREES AND EQUIPMENT NOT TO BE CUT OR DEFACED. To cut, mar or deface, in any way, trees, posts, benches, setees or any other property situated in any park. (9) DISCHARGE OF FIREARMS PROHIBITED. To discharge or cause the discharge of any missile from any firearm, sling shot or other weapon within 40 rods of any public park, park square or enclosure owned or controlled by the City, except any organization obtaining a permit from the Common Council.

Parks Amended 06/2012 (10) BEER, WINE AND INTOXICATING LIQUOR PROHIBITED. To have in his or her possession, while in any park, any fermented malt beverages, wine or intoxicating liquor and/or to drink any fermented malt beverages or intoxicating liquor in any public park, (See exception 15.02 (10) (a) and (b)). It shall be lawful for a person to traverse a public park without stopping while carrying unopened fermented malt beverages, wine or intoxicating liquor. (a) Racetrack Park shall be exempted from the provisions of this Subsection so that persons may possess fermented malt beverages or intoxicating liquor provided that said person has obtained the legal drinking age, the beverage is not in a glass container, and further provided that no one may possess any opened fermented malt beverages, wine or intoxicating liquor in Racetrack Park from the hours of 11:00 P.M. until 9:00 A.M. (b) If a renter has rented the entire Racetrack Park, the renter may prohibit the possession of fermented malt beverages, wine, and intoxicating liquor in the Park or may prohibit the possession of fermented malt beverages, wine or intoxicating liquor not sold by the renter during the term of the rental period. A renter of either part or the entire Racetrack Park cannot prohibit the possession of fermented malt beverages, wine or intoxicating liquor sold by the Conservation Club in Racetrack Park. The renter of either part or the entire Racetrack Park must obtain the appropriate license prior to the sale of any fermented malt beverages and or wine. (11) FISHING POND REGULATIONS. All fishing in any pond within the City limits shall be in accordance with DNR regulations and otherwise under the direction of the Parks Committee who shall have the power and authority to enact regulations pertaining to fishing and when posted at or near said pond, shall become part of the Chapter. Swimming in any pond is prohibited within the City. (12) LOITERING OR PARKING PROHIBITED. To loiter in, or park any automobile or other vehicle in, any public park, bathing beach or swimming pool grounds or lands owned or controlled by the City. (13) RIDING MOTORCYCLES PROHIBITED. To ride or operate a motorcycle or other two or four wheeled motor driven vehicle on any grass covered surface in any public park in said City. (14) BRIDGES OVER SAUNDERS CREEK: Jumping from bridges into Saunders Creek is prohibited.

SECTION 15.03 BATHHOUSE, REGULATIONS.

SWIMMING

POOL

AND FISHING

POND

(1) HOURS. The bathhouse and pool of the City of Edgerton will be open to the general public with lifeguards in attendance during the summer season, as specified and posted by the Park Commission. The pool and bathhouse will be closed as determined by the Commission and no person will be permitted in the area or in the pool or on the grounds owned and operated by the City as a public park for swimming and bathing during any hours when the pool and bathhouse are closed. (2) TRESPASSING DURING CLOSED HOURS. Any person entering or being in the swimming pool or trespassing in the immediate area of the bathhouse during closed hours will be considered a trespasser, and will be subject to the penalty provided in Section 15.04 of this Chapter. (3) LIFEGUARD AND POLICE SAFETY ORDERS. It shall further be unlawful for any person to disobey or disregard the orders of any lifeguard or police officer in the promulgation of the safety orders for the conduct of persons in said swimming pool and bathhouse and any person violating or refusing to obey the orders of said lifeguard or officer shall be subject to a forfeiture as provided by Section 15.04 of this Chapter.

SECTION 15.04 PENALTY.


Any person violating any provision of this Chapter shall forfeit not less than $25.00 nor more than $250.00, together with the costs of prosecution, and in default of payment of said forfeiture and costs of prosecution may be imprisoned in the Rock County Jail until such forfeiture and costs of prosecution are paid, but not to exceed 90 days or may have their drivers license suspended or the court may impose any other penalty as provided by State Statute.

Parks Amended 06/2012

UNIFORM FINES & PENALTIES 15.02(1) 15.02(2) 15.02(3) 15.02(5) 15.02(6) 15.02(8) 15.02(9) 15.02(10) 15.02(11) 15.02(12) 15.02(13) 15.03 Alter Park Property Speed in Excess of 10 mph Injure Trees or Shrubs Littering in Parks Interfere w/signs/barricades Cut/deface Trees Discharge Firearms Posses Alcohol Violate Fish Pond Regulations Park Illegally Motor vehicles Off Roadway Violate Swimming Pool Rules 15.04 15.04 15.04 15.04 15.04 15.04 15.04 15.04 15.04 15.04 15.04 15.04 $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $250

Disorderly Conduct Amended 05/13

CITY OF EDGERTON MUNICIPAL CODE CHAPTER 16 DISORDERLY CONDUCT


SECTION 16.00 PURPOSE.
The purpose of this Chapter is to ensure the personal safety and well-being of the public. Any person, organization, agency or corporation violating any provision of the Chapter, or any amendments or additions hereto, unless otherwise specifically provided, shall be subject to a fine and forfeiture in the amount specified in the UNIFORM FINES AND PENALTIES SECTION of the Chapter. Said fines and forfeiture shall be in addition to court costs and other damages. Any person, organization, agency or corporation in default of payment of said fine and forfeiture, court costs and other damages, may be imprisoned in the Rock County Jail until such forfeiture and costs of prosecution are paid, but not to exceed 6 months, or may have their driver's license suspended or the court may impose any other penalty as provided by State Statute. Unless otherwise stated, administration of the first and second penalty provisions shall be based on subsection 1.06 of this municipal code.

SECTION 16.01 DISORDERLY CONDUCT PROHIBITED.


No person shall within the City: (1) DISTURBANCE. On any public or private property engage in violent, abusive, indecent, profane, boisterous, unreasonable loud, or otherwise disorderly conduct which tends to cause or provoke an immediate disturbance of public order or tends to disturb or annoy any other person. (2) FIGHTS. Intentionally cause, provoke, or engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest. (3) BATTERY. Cause bodily harm to another, as bodily harm is defined in 939.22(4), Wis. Stats., by an act done with intent to cause bodily harm to that person or another without consent of the person so harmed.

SECTION 16.02 PROWLING ABOUT PREMISES OF ANOTHER.


No person shall prowl about the premises of another or peek in windows on another's premises, or do any other act intended, or naturally tending, to frighten or alarm another person.

SECTION 16.03 SPITTING ON SIDEWALKS AND IN PUBLIC PLACES PROHIBITED.


No person shall spit, expectorate, deposit or place any sputum, spittle, saliva, phlegm, mucous, or tobacco juice upon any part of any sidewalk or upon any part of the floors of any public building or gathering place or upon the floors of any theater, church or hall. (see also chapter 18.25 of this municipal code.)

SECTION 16.04 REMAIN IN GROUPS OR CROWDS AFTER REQUEST TO MOVE ON.


No person shall remain in any group or crowd upon any public street, sidewalk, or adjacent doorways or entrances, street or bridges or any other public places under circumstances in which conduct ends to cause or provide a disturbance after being requested to move on by any police officer.

SECTION 16.05 DISTURBANCE OF PEACE AND MEETINGS.


No person shall disturb the peace or good order of the City in any manner nor disturb or annoy any congregation, audience, public meeting, or lawful assembly of people of any kind, or join others in doing so.

SECTION 16.06 UNAUTHORIZED PRESENCE ON SCHOOL PROPERTY.

Disorderly Conduct Amended 05/13

(1) PROHIBITED. No student, who is under suspension, expulsion, exemption or other discipline excluding him from attending school under the jurisdiction of the School District of the Edgerton Board of Education or not an employee of such school district, or any person who is not a parent or guardian of a student so enrolled, or any person who is not an otherwise "authorized person", shall be present within any school building or upon any school grounds under the jurisdiction of such school board without having first secured authorization to be there from the Principal or other person in charge of such school building or school grounds except while in direct route to secure such authorization. Authorized persons shall include any person who is present at any school building or school ground for any purpose previously authorized by the Board of Education or its designee. (2) DISPLAY OF AUTHORIZATION REQUIRED. Any person shall, upon request of the Principal or other person in charge of any school building or upon any school grounds under the jurisdiction of such school board or upon request of any police officer, display any written authorization to be present which he may have in his possession or otherwise, explain his presence or his status as such student, employee, parent or guardian or authorized person.

SECTION 16.07 CURFEW.


(1) PROHIBITED. No person 17 or under shall be on foot, bicycle, or in any type of vehicle on any public street, avenue, alley, park, school grounds or other public places in the City between the hours of 11:00 P.M. and 5:00 A.M. Sunday through Thursday and between the hours of 12:00 midnight and 5:00 A.M. on Friday and Saturday, unless accompanied by his parent of guardian or person having lawful custody and control of his person or unless there exists a reasonable necessity therefor. The fact that the child, unaccompanied by parent, guardian or other person having legal custody, is found upon any street, alley or public place during the aforementioned hours shall be prima facie evidence that the child is there unlawfully and that no reasonable excuse exists therefore. (2) EXCEPTIONS. The provisions of (1) shall not apply to the following: (a) Children returning home from municipal, religious and school activities. (b) Children during or returning home from employment. (3) RESPONSIBILITY OF GUARDIAN. No parent, guardian or other person having the lawful care, custody and control of any person under the age of 18 shall allow or permit such person to violate the provisions of section (1) above. (4) RESPONSIBILITY OF PERSON OPERATING PLACES OF AMUSEMENT. No person operating or in charge of any place of amusement, entertainment, refreshment or other place of business shall permit any minor under 18 to loiter, loaf or idle in such place during the hours prohibited by this section. Whenever the entertainment, refreshment or other place of business during the hours prohibited by this section, finds person under 18 loitering, loafing or idling in such place of business, he shall immediately order such person to leave and if such person refuses to leave, the operator shall immediately notify the Police Department and inform them of the violation.

SECTION 16.08 TRESPASSING.


No person shall do any of the following: (1) CONSENT REQUIRED. Enter any enclosed or cultivated land, or property, of another for any purpose without the express or implied consent of the owner or occupant. (2) NOTICE. Enter or remain on any land or other property of another after having been notified by the owner or occupant not to enter or remain on the premises. Notice may be oral, written, or by the posting of signs. (3) TRESPASS BY MOTOR VEHICLE. Enter any enclosed or cultivated land or other property of another with a vehicle of any kind without the express or implied consent of the owner or occupant. (4) VETERAN'S MEMORIAL BUILDING. For purposes of this ordinance the parking lot surrounding the Edgerton Veteran's Memorial Building, and owned by the Edgerton School District, is deemed to be an enclosed property.

Disorderly Conduct Amended 05/13

(5) TRESPASS TO DWELLINGS. Enters the dwelling of another without the consent of some person lawfully upon the premises or owner of the premises, under circumstances tending to create or provoke a breach of the peace. (6) TYPE OF NOTICE. For purposes of this ordinance a person has received notice from the owner or occupant within the meaning of this section if he has been notified personally, either orally or in writing or if the land or property is posted.

SECTION 16.09 LOUD AND UNNECESSARY NOISE.


(1) PROHIBITED. No person shall make or cause to be made any loud, disturbing or unnecessary sound or noises such as may tend to annoy or disturb another in or about any public street, alley, or park or any private residence. (2) MOTOR VEHICLE NOISE. No person shall make unnecessary and annoying noise with a motor vehicle by squealing tires, excessive acceleration of the engine, or by emitting unnecessary and loud muffler noises. In this section the term "motor vehicle" will also include motor driven cycles. (3) LIGHT MOTOR VEHICLE NOISE CONTROL. (a) SCOPE. This section shall apply to the control of all noise caused by light motor vehicles and audio devices such as, but not limited to, radios, phonographs, and tape players, in light motor vehicles originating within the limits of the City of Edgerton. (b) DEFINITIONS. The following words and terms, whenever they occur in this ordinance shall be interpreted as herein defined. 1. Terminology. All terminology used in this ordinance not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. 2. A-weighted Sound Level. This means the sound pressure level in decibels as measured on a sound level meter using the A-weighing network. The level so read is designated dB(a) or dBA. 3. Noise Level. This shall refer to the A- weighted sound level produced by a light motor vehicle or as a result of the operation of audio devices such as, but not limited to, radios, phonographs and tape players in said light motor vehicle. 4. Person. This means any individual, association, partnership, or corporation, and incudes any officer, employee, department, agency or instrumentality of a State or any political subdivision of a State. 5. Sound Level Meter. This means an instrument which is used to measure sound pressure levels. This instrument shall comply with the standards for Type 1 and Type 2 sound level meters as specified in American National Standards Institute Standard ANSI S1.4-1971 or its successor. 6. Sound Pressure Level. This means 20 times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals. This sound pressure level is expressed in decibels. 7. Noise. This means any sound which annoys or disturbs persons or which causes or tends to cause an adverse psychological or physiological effect on a person. 8. Light Motor Vehicle. For the purpose of Section 16.09(3) a light motor vehicle shall mean any automobile, van, motorcycle, motor driven cycle, motor scooter or light truck with gross vehicular weight of less than 8,000 pounds. (4) INFRASTRUCTURE CONSTRUCTION. No person, firm or corporation shall at any time on Monday through Saturday between the hours of 7:00 p.m. and 7:00 a.m. create any loud or sharp noises, concussions or disturbing sounds associated with the construction, excavation, demolition, alteration or repair of any infrastructure. No person, firm or corporation shall at any time on Sunday create any loud or sharp noises, concussions or disturbing sounds associated with the construction, excavation, demolition, alteration or repair of any infrastructure. This ordinance does not apply to the installation or repair of utilities not under the Citys jurisdiction (i.e. gas electric, cable, etc.) Emergency situations involving the repair of essential services or protection of persons or property shall be exempt from the terms of this ordinance. The City Department Head responsible for the repair shall have the authority to grant a permit for such work upon determining that the resulting loss due to inconvenience would be extraordinary and of such nature as to warrant special consideration.

Disorderly Conduct Amended 05/13

(5) CONSTRUCTION OR REPAIR OF BUILDINGS. No person, firm or corporation shall at any time between the hours of 7:00 p.m. and 7:00 a.m. demolish, alter or repair any building, including the operation of any excavation equipment, pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or any other similar equipment attended by loud or unusual noise. No person, firm or corporation shall at any time on Sunday create any loud or sharp noises, concussions or disturbing sounds associated with the construction, excavation, demolition, alteration or repair of any infrastructure. Building construction or repair done by the property owner is excluded from this time limitation. Emergency situations involving the repair of essential services or protection of persons or property shall be exempt from the terms of this ordinance. The City Department Head responsible for the repair shall have the authority to grant a permit for such work upon determining that the resulting loss due to inconvenience would be extraordinary and of such nature as to warrant special consideration.

SECTION 16.10 OBJECTIONABLE LANGUAGE.


No person shall use any profane, vile, filthy, or obscene language in any public place within the hearing of other persons in such places.

SECTION 16.11 INDECENT CONDUCT.


No person shall conduct himself in any indecent, lewd, lascivious, or obscene manner within the City.

SECTION 16.12 INDECENT SHOWS AND EXHIBITIONS.


No person shall give any show, exhibition, amusement, or entertainment which is immoral or indecent.

SECTION 16.13 IMPROPER ACCOSTING OF PERSONS OF EITHER SEX.


No person of either sex shall improperly accost, ogle, insult, follow, pursue, lay hands on or otherwise molest any person of either sex.

SECTION 16.14 LEWD AND LASCIVIOUS CONDUCT.


No man or woman, not being married to each other, shall lewdly and lasciviously cohabit and associate together and no man or woman married or unmarried, shall engage in open and gross lewdness and lascivious behavior.

SECTION 16.15 DISORDERLY HOUSES.


No person shall keep any house of ill fame or other disorderly house or resort; and no person shall frequent or resort to any such house or resort for the purpose of prostitution or purposes of lewdness.

SECTION 16.16 GAMBLING.


(1) KEEPING OF GAMBLING PLACES FORBIDDEN. No person shall keep any gambling resort, or keep or use any article or device for gambling purposes or permit any such person to gamble, bet or play for money or gain, with or by means of any such article or device, in any room or place under his control; nor shall any person gamble, bet or play for money or gain with or by means of any such article of device, that is not otherwise permitted by State law. (2) GAMBLING, LOTTERIES, FRAUDULENT DEVICES AND PRACTICES PROHIBITED. All forms of gambling, lotteries, and fraudulent devices and practices are prohibited within the City unless otherwise permitted by State law. Any peace officer or policeman may seize anything devised solely for gambling or found in actual use for gambling within the City and dispose thereof after a judicial determination that such device was used solely for gambling or found in actual use for gambling.

SECTION 16.17 REGULATIONS CONCERNING ILLEGAL SUBSTANCES AND THE ILLEGAL USE OF LEGAL SUSTANCES AND PARAPHERNALIA.
(1) DEFINITIONS. In this sections: (a) CANNABIS. The resin extracted from any part of the plant Cannabis Sativa L., or any other nonfibrous extract from any part of the plant containing delta-9- tetrahydrocannabinol.

Disorderly Conduct Amended 05/13

(b) CASUALLY POSSESS. The possession of not more than twenty-five (25) grams of a substance containing Cannabis or Marijuana. (c) MARIJUANA. All parts of the plant Cannabis Sativa L., whether growing or not; the seeds thereof; and every compound, manufacture, sale, derivative, mixture, or preparation of the plant or its seeds. It does not include Cannabis or any other compound, manufacture sale, derivative, mixture, or preparation of the mature stalks, fiber oil, or cake, or the sterilized seed of the plant which is incapable of germination. (d) PRACTITIONER. 1. A physician, dentist, veterinarian, podiatrist, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute dispense, conduct research with to or administer a controlled substance in the course of professional practice or research in this state. 2. A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice of research in this state. (e) PUBLIC PLACE. A place which is in public ownership or a place to which the public has access; distinguished from a private place. (2) MARIJUANA AND CANNABIS (a) POSSESSION. No person shall casually possess Marijuana or Cannabis unless such Marijuana or Cannabis was obtained directly from or pursuant to a valid prescription or order of a practitioner while acting in the course of her, his, or its professional practice. (b) PENALTIES. A violation of Subsection (3) of this ordinance with the respect to the following amounts shall be subject to the following forfeiture: 1. Possession of .1g 4.9grams of any substance containing Marijuana and Cannabis shall be subject to a forfeiture of $100 together with the costs of prosecution. 2. Possession of 5g 14.9 grams of a substance containing Marijuana and Cannabis shall be subject to a forfeiture of $200 together with the costs of prosecution. 3. Possession of 15g 24.5grams of any substance containing Marijuana andCannabis shall be subject to a forfeiture of $300 together with the costs of prosecution. (c) PENALTY FOR PRODUCTION. Any person who knowingly possesses or produces the Cannabis Sativa plant may be subject to a forfeiture of not less than $100.00 nor more than $500.00 together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution, may be imprisoned in the Rock County Jail until such forfeiture and costs of prosecution are paid, but not to exceed 90 days, or may have their driver's license suspended or the court may impose any other penalty as provided by State Statute. (3) SYNTHETIC CANNABINOID PROHIBITED. (a) POSSESSION, USE AND SALE. It shall be illegal for any person to use, possess, purchase, attempt to purchase, sell, publically display for sale or attempt to sell, give, or barter any one or more of the following chemicals whether under the common street or trade names of Spice, K2, Genie, Yucatan Fire or new marijuana, or by any other name, label, or description. 1. Salviadivinorum or salvinorum A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof; any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or extracts; 2. (6aR, 10aR)-9-(hydroxymethyl-6, 6dimethyl-3-(2methyloctan-2-yl)-6a, 7, 10, 10atetrahydrobenzo[c] chromen-1-ol some trade or other names; HU-210; 3. 1-Pentyl-s-(1-naphthoyl) indole-some trade or other names: JWH-018\spice; 4. 1-Butyl-3-(1-naphthoyl) indole-some trade or other names: JWH-073; 5. 1-(3 {trifluoromethylphenyl}) piperazine-some trade or other names: TFMPP; 6. or any similar structure analogs. (b) MEDICAL OR DENTAL USE. Acts otherwise prohibited under subsection (a) shall not be unlawful if done by or under the direction or prescription of a licensed physician, dentist, or other medical health professional authorized to direct or prescribe such acts, provided that such use is permitted under state and federal laws.

Disorderly Conduct Amended 05/13

(c) PENALTIES. Any adult person violating this ordinance shall be subject to a forfeiture of not less than $100.00 nor more than $500.00, exclusive of costs, and upon failure to pay the same shall be confined in the county jail for not more than 30 days. (4) DRUG PARAPHERNALIA PROHIBITED. Wisconsin Statutes 961.573 is adopted by reference and made a part of this chapter as if fully set forth herein.

16.17(2)(b) 16.17(2)(b) 16.17(2)(b) 16.17(2)(c)

CHAPTER 16 DISORDERLY CONDUCT UNIFORM FINES AND PENALTIES Possess .1g4.9 grams Marijuana/Cannabis $100.00 Possess 5g14.9 grams Marijuana/Cannabis $200.00 Possess 15g-24.5grams Marijuana/Cannabis$300.00 Growing Marijuana $100.00

$100.00 $200.00 $300.00 $500.00

SECTION 16.18 OBEDIENCE TO OFFICERS.


No person shall, without reasonable excuse or justification, resist, obstruct or in any way interfere with any officer of the City while such officer is doing any act in his official capacity and with lawful authority. "Obstruct" includes without limitation knowingly giving false information to the officer or knowingly placing physical evidence with intent to mislead the officer in the performance of his or her duty.

SECTION 16.19 IMPERSONATING POLICE OFFICER.


No person shall impersonate a policeman or peace officer within the City.

SECTION 16.20 DAMAGE TO PROPERTY.


No person shall willfully injure or intentionally deface, destroy, or remove, take or meddle with any property belonging to the City or its departments or to any private person without the consent of the owner or proper authority.

SECTION 16.21 LITTERING.


(1) No person shall dump, deposit, place, throw, abandon, or otherwise dispose of any can, bottle, paper, debris, refuse or other solid waste material in any public place or any property owned or operated by the City of Edgerton except by leaving in receptacles provided for that purpose. (2) No person shall dump, deposit, place, throw, abandon, or otherwise dispose of any can, bottle, paper, debris, refuse or other solid waste material on or along any highway or on any private place.

SECTION 16.22 MOLESTING BIRDS OR ANIMALS PROHIBITED.


No person shall molest any bird or animal or their nests or dens on any public property or river bank.

SECTION 16.23 ISSUANCE OF WORTHLESS CHECKS.


(1) CHECKS LESS THAN $1,000.00. Whoever issues any check or other order for the payment of money less than $1,000.00 which, at the time of issuance, he or she does not intend to pay is guilty of a violation of this ordinance and the penalties for such actions are set forth below. (2) PRIMA FACIE EVIDENCE. Any of the following is prima facie evidence that the person at the time he or she issued the check or other order for payment of money, intended it should not be paid: (a) Proof that, at the time of issuance, the person did not have an account with the drawee: or (b) Proof, that at the time of issuance, the person did not have sufficient funds or credit with the drawee and that the person failed within 5 days after receiving notice of nonpayment or dishonor to pay the check or other orders: or (c) Proof that when presentment was made within a reasonable time, the person did not have sufficient funds or credit with the drawee and the person failed within 5 days after receiving notice of nonpayment of dishonor to pay the check or other order.

Disorderly Conduct Amended 05/13

SECTION 16.24 RETAIL THEFT.


(1) DEFINITIONS. (a) "Merchant" includes any "merchant" as defined in section 402.104(1) of the Wisconsin Statutes, or subsequent amendments to said statute, or any innkeeper, motelkeeper or hotelkeeper. (b) "Value of Merchandise" means: 1. For property of the merchant, the value of the property. 2. For merchandise held for resale, the merchant's stated price of the merchandise or, in the event of altering, transferring or removing a price marking or causing a cash register or other sales device to reflect less than the merchant's stated price, the difference between the merchant's stated price of the merchandise and the altered price. (2) ALTERATION OF PRICE PROHIBITED. No person shall intentionally alters indicia of price or value of merchandise or who takes and carries away, transfers, conceals or retains possession of merchandise held for resale by a merchant or property of the merchant without his or her consent and with intent to deprive the merchant permanently of possession, or the full purchase price of the merchandise, may be penalized as provided in the State Bond Schedule. (3) CONCEALMENT PROHIBITED. No person shall intentional concealment of unpurchased merchandise which continues from one floor to another or beyond the last stations for receiving payments in a merchant's store is evidence of intent to deprive the merchant permanently of possession of such merchandise without paying the purchase price thereof. The discovery of unpurchased merchandise concealed upon the person or among the belongings of such person or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing such good. (4) PROBABLE CAUSE TO DETAIN SUSPECTS. A merchant or merchant's adult employee who has probable cause for believing that a person has violated this section in his or her presence may detain the person in a reasonable manner for a reasonable length or time to deliver the person to a peace officer, or to his or her parent or guardian in the case of a minor. The detained person must be promptly informed of the purpose for the detention and be permitted to make phone calls, but he or she shall not be interrogated or searched against his or her will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. Any merchant or merchant's adult employee who acts in good faith in any act authorized under this section is immune from civil or criminal liability for those acts. (5) EVIDENCE. In any action or proceeding for violation of this section, duly identified and authenticated photographs of merchandise which was the subject of the violation may be used as evidence in lieu of producing the merchandise. (6) REMOVAL OF SHOPPING CARTS. No person shall intentionally remove a shopping cart or stroller from either the shopping area or a parking area adjacent to the shopping area to another place without authorization of the owner or person in charge.

SECTION 16.25 THEFT.


(1) No person shall intentionally takes and carries away, uses, transfer, conceals, or retains possession of moveable property of another without his express consent and with intent to deprive the owner permanently of possession of such property. (2) Definitions. In this section: a. "Property" means all forms of tangible property, whether real or personal, without limitation including electricity, gas and documents which represent or embody a choice in action or other intangible rights. b. "Moveable Property" means property whose physical location can be changed, without limitation including gas and electricity, documents which represent or embody intangible rights, and things growing on, affixed to or found in land. c. "Property Of Another" includes property in which the actor is a co-owner and property of a partnership of which the actor is a member, unless the actor and the victim are husband and wife.

SECTION 16.26 FRAUD ON HOTEL OR RESTAURANT KEEPER.


7

Disorderly Conduct Amended 05/13

(1) Whoever does either of the following shall be, upon conviction, subject to a forfeiture not to exceed $1000. (a) Having obtained any food, lodging or other service or accommodation at any campground, hotel, motel, boarding or lodging house, or restaurant, intentionally absconds without paying for it. (b) While a guest at any campground, hotel, motel, boarding or lodging house, or restaurant, intentionally defrauds the keeper thereof in any transaction arising out of the relationship as guest. (2) Under this section, prima facie evidence of an intent to defraud is shown by: (a) The refusal of payment upon presentation when due, and the return unpaid of any bank check or order for the payment of money, given by any guest to any campground, hotel, motel, boarding or lodging house, or restaurant, in payment of any obligation arising out of the relationship as guest. Those facts also constitute prima facie evidence of an intent to abscond without payment. (b) The failure or refusal of any guest at a campground, hotel, motel, boarding or lodging house or restaurant, to pay, upon written demand, the established charge for food, lodging or other service or accommodation actually rendered. (c) The giving of false information on a lodging registration form or the presenting of false or fictitious credentials for the purpose of obtaining lodging or credit. (d) The drawings, endorsing, issuing or delivering to any campground, hotel, motel, boarding or lodging house, or restaurant, of any check, draft or order for payment of money upon any bank or other depository, in payment of established charges for food, lodging or other service or accommodation, knowing at the time that there is not sufficient credit with the drawee bank or other depository for payment in full of the instrument drawn.

SECTION 16.27 UNLAWFUL USE OF TELEPHONE.


Whoever does any of the following shall be, upon conviction, subject to a forfeiture presented in the Uniform Fines And Penalty Schedule of this Chapter: (1) With intent to frighten, intimidate, threaten, abuse or harass, makes a telephone call and threatens to inflict injury or physical harm to any person or the property of any person. (2) With intent to frighten, intimidate, threaten, abuse, harass or offend, telephones another and uses any obscene, lewd or profane language or suggests any lewd or lascivious act. (3) Makes or causes the telephone of another repeatedly to ring, with intent to harass any person at the called number. (4) Makes repeated telephone calls, whether or not conversation ensues, with intent solely to harass any person at the called number. (5) Makes a telephone call, whether or not conversation ensues, without disclosing his/her identity and with intent to abuse, threaten or harass any person at the called number. (6) Knowingly permits any telephone under his or her control to be used for any purpose prohibited by this section.

SECTION 16.28 UNLAWFUL REMOVAL OF PARKING TICKETS.


(1) No person other than the owner or operator thereof shall remove a Notice of Traffic Violation of the Edgerton Police Department (parking ticket) from a motor vehicle.

SECTION 16.29 UNLAWFUL SHELTERING OF MINORS.


No person, organization, agency or corporation shall, unless duly licensed under the Wisconsin Statutes or without having first obtained the permission of the parents or legal guardian of any minor or without first notifying the City of Edgerton Police Department of the existence of a minor described in Paragraph (a) on premises owned or operated by or under the control of such person, organization, agency or corporation: (1) By any means conceal or shelter, or assist in the concealing or sheltering of any minor under the age of eighteen (18) years while the minor is under the legal custody of the parents or legal guardian and while the minor is on report with any law agency as a "missing person", a "runaway", or a "wanted person"; or (2) Supply false information to or obstruct any police officer in the performance of his duty to locate or to take into custody any minor described in this section.

Disorderly Conduct Amended 05/13

SAFETY
SECTION 16.30 PROHIBITED. DISCHARGE AND CARRYING FIREARMS AND GUNS

(1) Firearms or Weapons in Public Buildings. (a) Pursuant to Wis. Stats. 943.13(1m)(c)4., no person shall enter or remain in any part of a building owned, occupied or controlled by the State or local governmental unit if the State or local governmental unit has notified the person not to enter or remain in the building while carrying a Firearm or a specific type of Weapon. (b) For purposes of this section, a Firearm means a weapon that acts by force of gunpowder. (c) For purposes of this section, a Weapon means a handgun, an electronic weapon defined as Wis. Stats. 941.295, a knife other than a switch blade under Wis. Stats. 941.24, or a billy club. (d) The City Administrator shall cause signs to be erected at all entrances to following City of Edgerton municipal buildings providing notice that no person is to enter or remain in any such building while carrying a Firearm or Weapon. Such signs shall be five inches by seven inches or larger. 1. City Hall 2. Police Station 3. Library 4. Veteran s Building 5. Public Works Garage 6. Depot 7. Wastewater treatment facilities and lift stations 8. Water building and well/meter houses 9. Aquatic Center and related buildings 10. Fassett Cemetery Chapel 11. Any other municipal buildings owned or operated by the City of Edgerton, whether now in existence or later constructed or leased except restrooms in parks, open-sided park pavilions. (e) Nothing in this subsection shall be construed to apply to prohibit a peace officer or armed forces or military personnel or any person duly authorized by the Chief of Police to possess a Firearm or Weapon in any public building. Not withstanding Wis. Stats. 939.22(22), for purposes of this paragraph, peace officer does not include a commission warden who is not a State certified commission warden. (f) Nothing in this subsection shall be construed to authorize the carrying of any Firearm or Weapon contrary to Wis. Stats. 941.23 or 941.235. (2) PERMITTED USES. This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the Common Council, or the firing or discharging of BB guns upon private premises by person over 16 or under direct supervision of a parent or guardian. (3) HUNTING. No person shall hunt within the City, unless the Chief of Police has issue written permits to owners or occupants of private premises to hunt or shoot on such premises if he finds such privileges necessary for the protection of life or property and subject to such safeguards as he may impose for the safety of lives and property of other persons within the City. (4) RECKLESS USE OF WEAPONS. No person shall engage in the reckless or reckless conduct of a weapon or with a weapon. (a) Weapon is defined as any firearm, rifle, spring or airgun, knife, bow and arrow or any other instrument or device used to injure or kill. (b) Reckless use of a weapon is defined as: 1. Endangers another's safety by reckless conduct in the operation or handling of a firearm, airgun, knife or bow and arrow; or 2. Operates or goes armed with a firearm while he is under the influence of an intoxicant; or 3. Intentionally points a firearm at or toward another.

Disorderly Conduct Amended 05/13

While on the land of another discharges a firearm within 100 yards of any building devoted to human occupancy situated on and attached to the lands of another without the express permission of the owner or occupant of the building. "Building" as used in this paragraph does not include any house trailer, mobile home, tent, bus, truck, vehicle or similar portable unit. (c) Reckless conduct consists of an act which creates a situation of unreasonable risk and high probability of death or great bodily harm to another and which demonstrates a conscious disregard for the safety of another and a willingness to take known chances of perpetrating an injury. It is intended that this definition embraces all of the elements of what was heretofore known as gross negligence in the criminal law of Wisconsin. (5) POSSESSION OF PISTOL BY MINOR. (a) Any minor who goes armed with a pistol or any person who intentionally sells, loans or gives a pistol to a minor shall be, upon conviction, subject to s48.343, Wis. Stats. (b) This section does not apply to a minor who is armed with a pistol when such pistol is being used in target practice under the supervision of an adult nor does it apply to an adult who transfers a pistol to a minor for use only in target practice under his supervision. (c) All sheriffs, their undersheriff's, and deputies, constables, and policemen shall take from a minor any pistol found in his possession in violation of this section. (d) In this section pistol means any firearm having a barrel less than 12 inches long.

4.

SECTION 16.31 BOWS AND ARROWS.


(1) Except as provided in subsection (2), no person shall shoot with or discharge a bow, crossbow, or similar device which propels or projects an arrow or similar projectile within the limits of the City of Edgerton. (2) This section shall not apply: (a) To the shooting or discharging of toy arrows which have a tip made of rubber or similar material. (b) To supervised public or private activities.

SECTION 16.32 TRAPPING.


(1) PROHIBITED GENERALLY. No person, firm or corporation shall, within City limits trap any animal, wild or domesticated or otherwise, nor place, lay or in any other manner set any trap designed for such a purpose, except as provided in Ordinance section 16.32(2). (2) PROHIBITED EXEMPTIONS. The following exemptions shall apply: a. The prohibition shall not apply to the owner of any land who sets animal traps inside a building or sets live animal traps on the owner's land for the control of elimination of animal pests. The prohibition shall also not apply to any federal, state or local governmental official who is setting traps as part of any act within the scope of such officials office. b. Traps shall be allowed in certain publicly owned areas subject to approval by the City Police Chief. Such traps may be set only in a minimum of three inches of water and will not be allowed on dry land. Permitted traps must be conibear traps of a size for muskrat trapping only. Twenty-five (25) traps are the maximum number allowed per trapper. The City is not responsible for any damages that arise from the use of any traps.

SECTION 16.33 THROWING OR SHOOTING OF MISSILES PROHIBITED.


No person shall throw or shoot any object, arrow, stone, snowball, or other missile or projectile, by hand or by other means at any other person, playground, vehicle or other public place within the City.

SECTION 16.34 SALE AND DISCHARGE FOR FIREWORKS PROHIBITED.


(1) Chapter 167, Wis. States., and any amendments thereto are adopted by this ordinance and incorporated by reference herein. (2) No person shall possess, sell, purchase, store, or use any fireworks in the City of Edgerton in violation of Chapter 167, Wis. Stats., and any amendments thereof, which regulates the possession, sale and use of fireworks. (Ord. 97-31)

10

Disorderly Conduct Amended 05/13

SECTION 16.35 BURNING OF GRASS, BRUSH, LEAVES, OR TRASH RESTRICTED.


This Section was repealed with Ord. 97-30, see 17.06(19).

SECTION 16.36 UNAUTHORIZED PERSONS PROHIBITED FROM PICKING UP RUBBISH AT CURB.


No person, not authorized by the City, shall deposit or remove from the curb or from a trash receptacle on any street or other location, any iron, metal, tin, paper, rags, rubbish, junk, or other material placed at said curb or in said trash receptacle in another location for deposit or removal by persons duly authorized for such purpose.

SECTION 16.37 OBSTRUCTING STREETS AND SIDEWALKS PROHIBITED.


(1) OBSTRUCTION. No person shall stand, sit, loaf, or loiter or engage in any sport or exercise on any public street, sidewalk, bridge, railway depot platform, railway cars, or public park or public ground with in the City in such a manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress and egress to or from any place of business, amusement, church, public hall, or meeting place, or for any other purpose for which a proper accounting cannot be made. (2) PLAYING GAMES. No person shall engage in playing any game in any street. (3) LOITERING. (a) REQUEST TO MOVE ON. No person shall loiter upon any street, bridge, sidewalk, or crossing after being requested to move on by a Police Officer. (b) LOITERING FOR IMPROPER PURPOSES. No person shall loiter or lounge in any public street or highway, or in any other public place or building, for any purpose, or insult or disturb any person by any obscene act, gesture, or language. (c) LOITERING ABOUT PUBLIC LIBRARY: No person shall loaf or loiter in front of or on the walks adjacent to and pertaining to the Edgerton Public Library, or make any unusual and disturbing noises within the vicinity of the Edgerton Public Library during the hours when it is open to the public with intent to disturb or annoy persons using such library. (d) LOITERING ON COMMERCIAL PROPERTY: No person shall remain or loiter on the property of any commercial premises other than for the purpose of conducting legitimate business transactions. In addition, no person shall remain on said premises after the conducting of said business transactions and after being told to leave the premises by the owner, any employee or agent of said owner, or police officer. No person on any commercial premises shall conduct themselves in a manner which is disorderly, which disturbs the commercial environment at said premises or otherwise tends to disturb other customers at said premises or deters customers from coming upon said premises. In this section, commercial premises are defined to be any business open to the public whether for the sale of goods, products and/or services to the public. (4) PUBLIC PROPERTY. No person shall maltreat or annoy any person in any public place nor shall refuse to move from any public property in the City when asked to move by the owner or Police Officer. (5) RACING. No person shall engage in racing any motor vehicle, bicycle, horse or other animal on any public street, or property. (6) ANIMALS NOT TO BE LEFT LOOSE. No person shall allow any dogs, cats, cattle, horses, sheep, goats, mules, asses, swine, geese, ducks, chickens, turkeys, or other poultry or animals in his or her custody or under his or her control to go or be at large or to pasture or feed unattended or be loose and unattended in any street, highway, alley or upon any public or private grounds other than those owned by the owner of said animals. (7) CATCHING RIDES. No person shall catch a ride upon any motor vehicle of another person without permission from the owner or person in charge of such vehicle while such vehicle is parked or standing upon the public streets, public parking lots or other public areas of the City.

11

Disorderly Conduct Amended 05/13

(8) CLIMB ON MOTOR VEHICLES. No person shall lie, climb, or sit upon the motor vehicle while such vehicle is parked, standing or in motion upon the public streets, public parking lots or other public areas of the City. (9) COASTING. No person shall coast upon any sled, skies sleigh, or any device used to coast/slide upon any street.

SECTION 16.38 PURCHASE OR POSSESSION OF TOBACCO PRODUCTS PROHIBITED BY PERSONS UNDER 18 YEARS OF AGE.
(1) Section 48.98(3) Wis. Stat., and any amendments are hereby strictly adopted. Pursuant to section 48.98(3), no person under age 18 may do any of the following: (a) Buy or attempt to buy any cigarette or tobacco products. (b) Falsely represent his or her age for the purpose of receiving any cigarette or tobacco products. (c) Possess any cigarette or tobacco products. (2) Not withstanding the above, a child may purchase or possess cigarettes or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a licensed retailer. (3) A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of this subsection committed in his or her presence.

SECTION 16.39 ASSISTANCE TO OFFICER REQUIRED.


A police officer, peace officer, or other duly constituted officer of the City may make reasonable request for assistance of local citizens when a proper performance of his duties and the emergency nature of the situation demands such assistance to be necessary for the proper fulfillment of such duties. No person shall, without reasonable excuse, refuse or fail, upon command, to aid any person known by the person to be a peace officer.

SECTION 16.40 ASSISTING ESCAPE OF PRISONER.


No person shall intentionally aid any prisoner or person to escape from the lawful custody of a policeman or peace officer of the City.

SECTION 16.41 FALSE FIRE ALARM PROHIBITED.


No person shall give or send or cause to be sent or given in any manner any alarm of fire which he knows to be false.

SECTION 16.42 ABANDONED ICEBOXES.


It shall be unlawful for any person, firm or corporation to leave outside of any building or dwelling in a place accessible to children any abandoned, unattended or discarded icebox, refrigerator or any other container of any kind which has an airtight snaplock or other device thereon without first removing the said snaplock or doors from said icebox, refrigerator or container.

SECTION 16.43 MENACING PANHANDLING PROHIBITED.


(1) PURPOSE. The purpose of this ordinance is to ensure unimpeded pedestrian traffic flow, to maintain and protect the well-being of pedestrians and to otherwise foster a harassment-free climate in public places in the City of Edgerton. (2) In or near any thoroughfare or place open to the public, no person shall procure or attempt to procure a handout from another in a manner or under circumstances manifesting an express or implied threat or coercion. Among the circumstance which may be considered in determining whether such purpose is manifested are the following: that such persons repeatedly and in a threatening fashion, beckons to, stops, or attempts to stop passer(s)-by; that such person utilizes threatening bodily gestures. The violator's conduct must be such as to demonstrate a specific intent to induce, solicit, or procure from another goods or money by threat or coercion. No arrest shall be made for a violation of this subsection unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be

12

Disorderly Conduct Amended 05/13

convicted of violating this subsection if it appears at trial that the explanation given was true and disclosed a lawful purpose. As used in this subsection: (a) "Public Place" Or "Place Open To The Public" is an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public including those which serve food or drink, or provide entertainment, and the doorways or entrances in buildings or dwellings and the ground enclosing them; (b) A conversation or gesture or both shall be construed as "threatening" if a reasonably prudent individual would perceive such conduct as intending to result in the procurement of money or goods by threat or coercion.

SECTION 16.44 IMPROPER USE OF PUBLIC PROPERTY.


No person is to improperly use any public property other than for its intended purpose.

SECTION 16.45 PROHIBITION AGAINST HABITUAL TRUANCY. (Ord. 00-09)


(1) (2) (3) No person shall be truant or habitually truant from school. For purposes of enforcing this section, Section 118.15, Section 118.16 and Section 118.163 Wis. Stats., including all definitions and all amendments thereto are hereby adopted. PENALTY. Any child who violates any provision of this section shall be subject to one or more of the following dispositions and orders of the Court, pursuant to Sections 118.163 (1m) or 118.163 (2), Wis. Stats., as from time to time amended: (a) For truants, an order for the person to attend school, a forfeiture of not more than $50 plus costs for a first violation, or a forfeiture of not more than $100 plus costs for any second or subsequent violation committed within 12 months of a previous violation, subject to a maximum cumulative forfeiture amount of not more than $500 for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person or both. (b) For habitual truants: 1. Suspension of the person s operating privilege for not less than 30 days nor more than 1 year. The Court shall immediately take possession of any suspended license and forward it to the Department of Transportation together with a notice stating the reason for and duration of the suspension. 2. An order for the person to participate in counseling or a supervised work program or other community service work as described in Section 938.34 (5g) Wis. Stats. The costs of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or guardian of the person, or both. 3. An order for the person to remain at home except during hours in which the person is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship. The order may permit a person to leave his or her home if the child is accompanied by a parent or guardian. 4. An order for the person to attend an educational program as described in Section 934.34 (7d) Wis. Stats. 5. An order for the Department of Work Force Development to revoke, under Section 103.72, Wis. Stats. a permit under Section 103.70 Wis. Stats., authorizing the employment of said child support. 6. An order for the person to be placed in a teen court program thats described in Section 938.342 (1g) f Wis. Stats. 7. An order for the child to attend school. 8. A forfeiture of not more than $500 plus costs. All or part of the forfeiture costs may be assessed against the person, the parents or guardian of the person or both.

13

Disorderly Conduct Amended 05/13

Any other reasonable conditions consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults. 10. An order placing the person under formal or informal supervision, as described in Section 938.34 (2) , for up to one year. 11. An order for the person s parent, guardian or legal custodian to participate in counseling at the parents, guardians, or legal custodian s own expense or to attend school with the person, or both. 12. An order for the person to report to a youth report center after school, in the evening, on weekends, on other non-school days, or at any other time that the person is not under immediate adult supervision for participation in the social, behavioral, academic, community service, and other programming of the center as described in Section 938.342 (1g) (k). Prosecution of this ordinance is subject to the requirements of Section 118.16(5) and Section 118.16(5m), Wis. Stats., regarding actions to be completed by the school attendance officer. (4) RESPONSIBILITY OF CUSTODIAL PARENTS FOR HABITUALLY TRUANT CHILDREN (a) PURPOSE. The purpose of this section is to require proper supervision on the part of the custodial parents in order to reduce the number of habitually truant children in school and to reduce the number of absences due to habitual truancy. (b) DEFINITIONS In this section: 1. Child means a person who is less than 18 years of age, children under the age of 12, if evidence is presented that school officials complied with the requirements of Wis. Stats. 118.16(5) or were not required to comply under Wis. Stats. 118.16(5m). 2. Custodial parent means a parent or legal guardian of a child who has custody of the child. 3. Custody means either physical custody of a child under a court order under Wis. Stats. 767.23 or 767.24, custody of a child under a stipulation under Wis. Stats. 767.10, or actual physical custody of the child. Custody does not include legal custody, as defined under Wis. Stats. 48.02(12), by an agency or a person other than a childs birth or adoptive parent. In determining which parent has custody of a child for purposes of this section, the court shall consider which parent had responsibility for caring for and supervising the child at the times that the childs ordinance violations occurred. 4. Parental responsibility means a custodial parent of a child residing with such custodial parent that shall meet his or her duty to supervise the child and properly ensure that the child is not habitually truant. 5. Pupil means a child between the ages of six years and 18 years who is required to attend school regularly under the provisions of Wis. Stats. 118.15. (c) PROHIBITED CONDUCT. Unless the child is medically excused from attending school by a physician or licensed practitioner or has graduated from high school, or if the child has missed ten days in a semester and has a written excuse provided by a licensed medical practitioner, any person having control of the child between the ages six and 18 years shall cause the child to attend school regularly during the full period and hours, religious holidays excepted, that the public or private school in which the child should be enrolled is in session until the end of the school term, quarter, or semester of the school year in which the child becomes 18 years of age. If the child is found to be habitually truant under the definition in Wis. Stats. 118.16(1)(a), the parent shall be found guilty and punished as directed under subsection (d). (d) PENALTY. A parent of a pupil found by a court of competent jurisdiction of violating a provision of this section shall be subject to one or more of the following dispositional orders: 1. The parent of a pupil shall be subject to forfeiture per section (3)(a).

9.

14

Disorderly Conduct Amended 05/13

2. An order for the child to attend school or any other disposition including curfew that is consistent with Wis. Stats. 118.163(2) or 938.342(1d) as those statutes currently exist or are subsequently amended. 3. A person found guilty under this section may also be ordered by the court to have the child attend school. If said child does not attend school, the parent may be held in contempt and may face additional penalties.

15

Public Nuisances Amended 08/12

CITY OF EDGERTON MUNICIPAL CODE CHAPTER 17 PUBLIC NUISANCES


SECTION 17.01 PUBLIC NUISANCES PROHIBITED.
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the City.

SECTION 17.02 PUBLIC NUISANCES DEFINED.


A public nuisance is a thing, act, failure to act, occupation, or use of property which: (1) ENDANGERS SAFETY. Shall annoy, injure, or endanger the safety, health, comfort or repose of any person. (2) OFFENDS DECENCY. Shall offend the public decency. (3) OBSTRUCT PASSAGE. Shall unlawfully interfere with, obstruct or tend to obstruct or render dangerous for passage, a navigable stream, canal, or basin on a public park, square, street, alley or highway. (4) INSECURE IN USE OR PROPERTY. Shall in any way render any person insecure in life or in use of property.

SECTION 17.03 PUBLIC NUISANCES AFFECTING HEALTH.


The following are hereby declared to be public nuisances affecting health: (1) DECAYED FOOD. All decayed or unwholesome food offered for sale to the public. (2) DISEASED ANIMALS. Repealed with Ord. 97-35, see Chapter 29. (3) STAGNANT WATER. All ponds, pools of water, or vessels holding stagnant water in which mosquitoes can breed. (4) CONTAMINATED MILK. Milk produced by cows which have not been tested and found free from tuberculosis within the year previous to the offering of such milk for sale to the public. (5) CARCASSES. Repealed with Ord. 97-35, see Chapter 29. (6) BREEDING PLACES FOR VERMIN, ETC. Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing, material, scrap metal or any material whatsoever in which flies, mosquitoes, disease carrying insects, rats or other vermin may breed. (7) GARBAGE CANS. Privy vaults and garbage cans which are not fly-tight, and all surface privies, privy vaults, dry closets and cesspools maintained without a permit from the Building Inspector. (8) WATER POLLUTION. The pollution of any public well or cistern stream or body of water by sewerage, creamery or industrial wastes, or other substances. (9) NOXIOUS ODORS, ETC. Any use of property, substances or things within the City emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, gases, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the City. (10) STREET POLLUTION. Any use of property which shall cause any nauseous or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk or public place within the City. (11) ANIMAL EXCRETA. Repealed with Ord. 97-35, see Chapter 29. (12) OFFENSIVE TRADES. Offensive trades and businesses not carried on in a manner so as to safeguard public health or safety. (13) DISTRIBUTION OF MEDICINE. The distribution of samples of medicine or drugs unless such samples are placed in the hands of any person over 15 years of age unless accompanied by parent or guardian.

Public Nuisances Amended 08/12

(14)OBJECTIONABLE VEGETATIVE COVER AND NOXIOUS WEEDS. (a) WEED COMMISSIONER - APPOINTED. The office of Weed Commissioner for the City of Edgerton is hereby established. The Weed Commissioner shall be appointed pursuant to Chapter 2.03(12) of this Municipal Code. The Weed Commissioner of the City shall enforce this subsection. (Ord. 02-11) (b) RESPONSIBILTY OF OWNER OR OCCUPANT. 1. Every owner or occupant of any premises in the City shall destroy or mow any growth of ground cover or weeds of a height equal to or greater than six inches on such premises. Weeds for purposes of this chapter shall include Canada thistle, leafy spurge, field bindweed, (creeping Jenny) and such other rank vegetable growth that exhales unpleasant or noxious odors and any other vegetation commonly known as weeds. This section shall also apply to the boulevard in front of or along any premises. (Ord. 97-5) 2. Every owner or occupant of any premises having a lawn shall cut and maintain such lawn at a height not exceeding six inches on such premises as well as the boulevard in front of or along such premises. In this section "yard" means an open space at grade on the same lot as a building or structure located between the main building and the adjoining lot line and/or street line. The measurement of a yard shall be the minimum horizontal distance between the lot line and the building or structure. Yards shall be provided with adequate lawn, groundcover or vegetation, hedges or bushes, equal to at least ten percent of the total lot area. All areas that are not covered by vegetation shall be treated to prevent dust or the blowing or scattering of dust particles into the air. All trees, bushes or vegetation which overhang a public entrance, street or sidewalk shall be properly trimmed to avoid obstruction of the view and movement of vehicles and pedestrians, which shall be at least 9 feet above the surface of such public sidewalk and at least 14 feet above the surface of such street. (c) PUBLISHED NOTICE. The Weed Commissioner shall, annually, on or before April 15th and again on or before May 15th, cause to be published in the official newspaper a notice to the effect that weeds are required to be destroyed as provided in this chapter and lawns are required to be mowed as provided in this chapter, and that if the same are not so destroyed, action will be taken pursuant to Section d. At no time thereafter shall any weed or lawn growth exceeding six inches in height be permitted. (d) CITY ACTION. After ten days from the first annual publishing of a notice given as stated in this chapter, the City may destroy any weeds not so destroyed or mow lawns not so mowed and assess the expense therefore against such property as a special tax thereon. (e) OTHER NOTICE: In the event a person whose duty it shall be to mow or destroy the vegetation in accordance with this Section fails to do so, the Weed Commissioner shall serve either personally or by mail a special or additional notice requiring the destruction or mowing. This notice shall contain the regulations described in this section, and shall be provided one time during the growing season prior to the Weed Commissioner performing the work. No special or additional notice is required for subsequent violations. Failure to provide said special or additional notice does not void any action authorized by this or other sections of the Code of General Ordinances. (f) CITY OWNED PROPERTY. City-owned Property. It shall be the duty of the Weed Commissioner to apply the provisions of this Chapter to City-owned property.

Public Nuisances Amended 08/12

(g) VIOLATION AND PENALTY. Any owner or occupant who violates any of the provisions of this subsection shall, upon conviction, be subject to a forfeiture of not more than $100 for each offense. Each day during which any violation continues shall be deemed to constitute a separate offense.

(15) MISCELLANIOUS. All other acts, omissions of acts, occupations, and uses of property, which are in fact a menace to the public health.

SECTION 17.04 PUBLIC NUISANCES OFFENDING MORALS AND DECENCY.


The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances offending public morals and decency, but such enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition of section 17.02. (1) DISORDERLY HOUSES. All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling. (2) GAMBLING DEVICES. All gambling devises and slot machines not otherwise permitted under state law. (3) UNLICENSED SALE OF LIQUOR OR BEER. All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided for by the ordinance of the City. (4) CONTINUOUS VIOLATION OF CITY ORDINANCES. Any place or premises within the City where the City ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and violated. (5) ILLEGAL DRINKING. Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of the laws of the State of Wisconsin or ordinances of the City.

SECTION 17.05 DISEASED TREES.


(1) PUBLIC NUISANCE. The Common Council having determined that the health of the elm trees within the City is threatened by a fatal disease known as Dutch elm disease hereby declares the following to be public nuisances: (a) Any living or standing elm tree or part thereof infected with the Dutch elm disease fungus or which harbors any of the elm bark beetles Scolytus multistriatus (Eichh) or Hylurgopinus rufipes (Marsh). (b) Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle destroying insecticide. (2) INSPECTION. The Building Inspector shall inspect or cause to be inspected all premises and places within the City at least twice each year to determine whether any public nuisance as defined in sub. (1) exists thereon, and shall also inspect or cause to be inspected any elm tree reported or suspected to be infected with the Dutch elm disease or any elm bark bearing material reported or suspected to be infested with the elm bark beetle. (3) ABATEMENT OF NUISANCE. (a) If the Building Inspector upon inspection and examination determines that any public nuisance as herein defined exists in or upon any public street, alley, park or other public place, including the terrace strip curb and lot line, within the City, and that the danger to other trees within the City is imminent, he shall immediately cause it to be removed and burned or other wise abate the same in such manner as to destroy or prevent as fully as possible the spread of Dutch elm disease or the insect, pests or vectors known to carry such disease fungus. (b) If the Building Inspector determines with reasonable certainty that any public nuisances as herein defined exists in or upon private premises and that the danger to other elm trees within the City is imminent, he shall immediately serve upon the owner of such property, if he can be found, or upon the occupant thereof, a written notice to abate such nuisance within 30 days of the service of said notice. If such owner or occupant does not abate said nuisance within the time limited, the Building

Public Nuisances Amended 08/12

(4)

(5)

(6) (7)

Inspector shall cause the same to be abated. No damage shall be awarded to the owner for destruction of any elm tree, elm wood or any part thereof pursuant to this section. (c) If the Building Inspector is unable to determine with reasonable certainty or not a tree in or upon private premises is infected with Dutch elm disease, he shall forward specimens from said tree for diagnosis and report to the Wisconsin Department of Agriculture at Madison, Wisconsin, and shall proceed as provided in par. (B) upon receipt of a positive report from the department. (d) In all cases where the Building Inspector shall determine upon inspection that any public nuisance as defined herein exists in or upon any public or private premises, but that the danger to other elm trees within the City is not imminent because of elm dormancy, he shall make a written report of his findings to the Common Council and shall proceed as provided in sec. 27.09(4), Wisconsin Statutes. TREATMENT OF DISEASED TREES. Whenever it is determined in accordance with sub. (2 & 4) that any tree or part thereof is infected with Dutch elm disease fungus, the Building Inspector may cause to be sprayed all high value elm trees within 1,000 foot radius thereof with an effective elm bark beetle destroying concentrate; providing such spraying shall be performed prior to July 31. ASSESSMENT OF COSTS OF ABATEMENT AND SPRAYING. (a) The entire cost of abating any public nuisance with regard to elm trees or of spraying any elm tree or part thereof may be chargeable to and assessed against the parcel or lot abutting on the street, alley, boulevard or parkway upon or in which such tree is located or the parcel or lot upon which such tree stands. The cost of abating any such nuisance or spraying any elm tree or part thereof which is located in or upon any park or public grounds shall be borne by the City. (b) The Building Inspector shall keep strict account of the costs of work done under this section and shall report to the City Administrator all work done for which assessments are to be made, stating and certifying the description of the land, lots, parts of lots or parcels of land and the amounts chargeable to each lot or parcel so reported to him, and such amounts shall be levied and assessed against said parcels or lots in the same manner as other special taxes. Before such assessments are entered on the tax roll, the Common Council shall hold a public hearing on the proposed assessments and shall give advance notice thereof not less than 14 days before the time set for such hearing by publication in the official newspaper. TRANSPORTING OF ELM WOOD PROHIBITED. No person shall transport within the City any bark bearing elm wood or material without first securing the written premises of the Building Inspector. INTERFERENCE WITH BUILDING INSPECTOR. No person shall prevent, delay, or interfere with the Building Inspector or any of his agents or employees while they are engaged in the performance of duties imposed by this section.

SECTION 17.06 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.


The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the definition of sec. 17.02. (1) SNOW AND ICE. All snow and ice not removed from public sidewalks within twenty-four hours after snow and ice has ceased to fall thereon, as provided in this Municipal Code. (2) TREE ROOTS. All trees placed or set so close to any street that the roots of the same penetrate the public sewer. (3) TREE LIMBS. All limbs of trees which project over a public sidewalk or street and which are less than nine feet above the surface of such public sidewalk and fourteen feet above the surface of such street. (4) WIRES. All wires over streets, alleys, or public grounds which are strung less than fifteen feet above the surface of the ground. (5) DILAPIDATED BUILDINGS. All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use. (6) EXPLOSIVES. Repealed with Ord. 97-31 see 16.34. (7) FIREWORKS. Repealed with Ord. 97-31 see 16.34. (8) BUILDINGS. All buildings and all alterations to buildings made or erected within the fire limits as established by this Municipal Code in violation of said Code concerning manner and materials of construction.

Public Nuisances Amended 08/12

(9) UNAUTHORIZED TRAFFIC SIGNS. All unauthorized signs, signals, markings or devices placed or maintained upon or in view of any public highway or railway crossing which purpose to be or may be mistaken as an official traffic control device, railroad sign or signal or which because of its color, location, brilliance or manner of operation interferes with the effectiveness of any such device, sign or signal. (10) NOISY ANIMALS OR FOWL. Repealed with Ord. 97-35, see Chapter 29. (11) OBSTRUCTIONS OF STREETS AND EXCAVATIONS. All obstructions of streets, alleys, sidewalks or crosswalks, and all excavations in or under the same, except as permitted by this Municipal Code, or which, although made in accordance with such Code, are kept or maintained for an unreasonable or illegal length of time after the purpose thereof has been accomplished or do not conform to the permit. (12) UNLAWFUL ASSEMBLY. Any unauthorized or unlawful use or property abutting on a public street, alley or sidewalk, or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks. (13) ANIMALS RUNNING AT LARGE. Repealed with Ord. 97-35, see Chapter 29. (14) SIGNS. All hanging signs, awnings and other similar structures over the streets or sidewalks so situated or constructed as to endanger public safety. (15) ICE. The allowing of rainwater, ice or snow to fall from any building or structure upon any sidewalk and permitting the same to freeze and taking no precautions to safeguard the public in using such walk while such snow or ice is accumulated thereon. (16) BARBED WIRE. All barbed wire fences except on premises exceeding one acre in area used for agricultural purposes within Edgerton. (17) BUSHES OBSTRUCTING VIEW. All shrubs or bushes located near any street, alley, sidewalk or right of way used by the public which obstruct the view of persons traveling thereon. (18) TRAPPING. Repealed with Ord. 97-35, See Chapter 29. (19) OPEN BURNING. (a) Prohibition. No person(s) shall kindle or maintain any open burning or authorize the kindling or maintaining of any open burning within the corporate limits of the City of Edgerton. (b) Exceptions. The following open burning shall be permitted notwithstanding Paragraph (a) above: 1. Outdoor cooking in a grill or fireplace or campfire in an open pit where the cooking surface and/or the campfire surface is less than 25 square feet. In addition, materials to be burned shall be limited to wood logs and charcoal briquettes and shall not include any garbage, refuse or recyclable materials. (Ord. 97-30). 2. Special circumstances with prior approval of the Edgerton Fire Chief. (Ord. 00-09) (20) BONFIRES. Repealed with Ord. 97-30. (20A) OUTDOOR SOLID FUEL HEATING DEVICES. (a) Definition. Outdoor Solid Fuel Heating Devices: An outdoor device, structure, building or apparatus which supplies direct or indirect heat from the burning of solid fuel, including but not limited to wood, to another building. (b) Use Prohibited. Outdoor solid fuel heating devices are prohibited and shall not be installed or operated within the City of Edgerton. (21) MOTOR VEHICLE NOISE LEVELS: No person shall operate a motor vehicle so as to cause unreasonable and excessive noise levels within the corporate limits of the City of Edgerton whether by excessive horn blowing, be excessive racing of the motor, by having a modified or inadequately maintained exhaust or braking system, or by any other means. Excessive noise caused by emergency situation maneuvers will not be ticketed when the operator is attempting to avoid a collision with a pedestrian, animal, fixed object or other motor vehicle. Emergency situations are defined as circumstances which could not reasonably be foreseen by an alert motor vehicle operator. (Ord. 00-05)

SECTION 17.07 STORAGE OF JUNK REGULATED.


(1) DECLARED TO BE NUISANCE. Unsheltered storage of old, unused, stripped, junked and other automobiles not in good and safe operating condition; disassembled or inoperable and unlicensed or wrecked automobiles; and any other vehicles, machinery, implements, appliances, equipment and personal property of any kind which is no longer safely usable for the purposes for which it was

Public Nuisances Amended 08/12

manufactured, which hereinafter are collectively described as "junk", openly visible for a period of 30 days or more (except in licensed junk yards on private property) within the City, is hereby declared to be a nuisance and dangerous to the public safety. (See also Section 9.11 of this Municipal Code, "Abandoned and Disabled Motor Vehicles".) (2) ABATEMENT. The owner, owners, tenants, lessees or occupants of any lot within the City upon which such storage is made, and also the owner, owners or lessees of such junk involved in such storage (all of whom are hereinafter referred to collectively as "owners") shall jointly and severally abate such nuisance by the prompt removal of such junk into completely enclosed buildings authorized to be used for such storage purposes, if within the City, or otherwise to remove it to a location outside the City. (a) STORAGE ON PUBLIC PROPERTY. No junk, as defined in 17.07(1) above, shall be stored or allowed to remain in the open upon public property within the City for a period in excess of 30 days. Whenever the Chief of Police shall find any such junk placed or stored in the open upon public property within the City, he shall cause such material to be removed by junk or salvage yards and stored in such junk or salvage yards for a period of 30 days, at the end of which time such junk or salvage yard shall dispose of said material, unless previously claimed by the owner. If such material is claimed by the owner, the junk or salvage yard shall charge a reasonable fee for handling and storage. (b) STORAGE ON PRIVATE PROPERTY. Whenever the Chief of Police shall find any junk placed or stored in the open upon private property within the City, he shall notify the owner of the property upon which said junk is placed or stored of the intention of the City to remove said junk. If any junk is not removed within 10 days after such notice, the Chief of Police shall cause such material to be removed, the cost of such removal, and the charges shall be entered as a special charge on the tax roll. Upon removal, the junk shall be stored in a junk yard or salvage yard or other suitable place for 30 days, and the owner thereof shall be notified of its whereabouts, if the name and the whereabouts of the owner of the material can be readily ascertained. At the end of such time, such junk shall be disposed of unless previously claimed by the owner. If such junk is claimed by the owner, all reasonable charges for handling and storage shall be paid by the owner. (3) COST OF ABATEMENT. Whenever the owners fail to abate such nuisance, the City shall remove the junk to a location of its selection, the cost of which shall be billed to the owners, jointly or severally. If the owners do not pay such costs, the costs shall be placed on the next tax roll as a special charge against the real estate from which the junk was removed.

SECTION 17.08 ABATEMENT OF PUBLIC NUISANCES.


(1) ENFORCEMENT. The Chief of Police, the Chief of the Fire Department, and the Building Inspector shall enforce those provisions of this chapter that come with the jurisdiction of their offices, and they shall make periodic inspections and inspections upon complaint to insure that such provisions are not violated. No action shall be taken under this section to abate a public nuisance unless the officer shall have inspected or caused to be inspected the premises where the nuisance does in fact exist. (2) SUMMARY ABATEMENT. If the inspecting officer shall determine that a public nuisance exists within the City and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Mayor may direct the proper officer to cause the same to be abated and charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be. (3) ABATEMENT AFTER NOTICE. If the inspecting officer shall determine that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he shall service notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within such 10 days, the proper officer shall cause the nuisances to be removed as provided in sub. (2). (4) OTHER METHODS NOT EXCLUDED. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the City of its officials in accordance with the laws of the State of Wisconsin. (5) COURT ORDER. Except when necessary under sub. (2), no officer hereunder shall use force to obtain access to private property to abate a public nuisance but shall request permission to enter upon private

Public Nuisances Amended 08/12

property if such premises are occupied and, if such permission is denied, shall apply to any court having jurisdiction for an order assisting the abatement of the public nuisance.

SECTION 17.09 COST OF ABATEMENT.


In addition to any other penalty imposed by this chapter for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the City shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as a special charge.

SECTION 17.10 RUBBISH. (See Chapter 18.16 and 18.17) SECTION 17.11 PENALTY.
Any person who shall violate any provision of this chapter or permit or cause a public nuisance shall be subject to a penalty as provided in 1.06 of this Municipal Code. Each day shall constitute a separate violation.

UNIFORM FINES & PENALTIES 17.03 17.03(14) 17.03(14) 17.04 17.05(2) 17.06 17.06(1) 17.06(18) 17.07 Nuisances Affecting Health Noxious Weeds Grass Exceeding 6" Nuisances Affecting Morals Diseased Elm Trees Nuisances Affecting Safety Snow/Ice on Sidewalk Illegal Trapping Junk 1.06 17.03 1.06 1.06 1.06 1.06 1.06 17.06 1.06 $200 $100 $200 $200 $200 $200 $200 $200 $200

Public Health & Sanitation Amended 06/12

CITY OF EDGERTON MUNICIPAL CODE CHAPTER 18 PUBLIC HEALTH AND SANITATION


18.01 BOARD OF HEALTH - ORGANIZATION.
The Board of Health shall be organized, hold its meetings and have the general powers as provided in Chapter 2.05 of this Code of General Ordinances.

18.105 PROHIBITING THE USE OF TOBACCO PRODUCTS IN THE CITY OF EDGERTON.


(1) STATE STATUTES ADOPTED. The provisions of Chapter 101.123 of the Wisconsin Statutes as amended by 2009 Wisconsin Act 12 relating to the prohibition of smoking in various enclosed places are hereby adopted and made part of this Code by reference. (2) USE OF TOBACCO PRODUCTS PROHIBITED IN CITY VEHICLES AND ON DESIGNATED GROUNDS. (a) In addition to the smoking prohibition above, It shall be unlawful and a violation of this section for any person, whether employed by the City of Edgerton or a member of the public, to use tobacco products in: 1. any City vehicle whether the vehicle is owned or leased by the City of Edgerton; 2. or on the City grounds surrounding the Veterans Memorial Building. (b) "Tobacco Products" has the meaning given in Section 139.75(12), Wisconsin Statutes and includes the following: cigarettes; cigars; snuff; chewing tobaccos; and other kinds of tobacco suitable for chewing and/or smoking in a pipe or otherwise. (c) "Use of Tobacco Products" means smoking, carrying or possessing a lighted tobacco product; chewing tobacco, or otherwise using a tobacco product for its intended purpose. (3) PENALTY. Penalties for violations shall be as provided in section 1.06. As prescribed by state statutes, a warning notice shall be issued to the person in charge for the first violation. A violation of this provision relating to the prohibition of smoking shall be not less than $100 nor more than $250 for each violation except that the forfeiture for a person in charge cannot exceed $100 per day.

18.2 REPORTS TO COUNCIL.

The Board of Health shall report to the Common Council all rules, regulations, orders and ordinances as may be deemed advisable to be adopted by said Board of Health or by the Common Council in the interest of the public health of the residents of the City of Edgerton.

18.3 RULES OF BOARD - PENALTY.

Any person who shall violate, neglect or refuse to obey any order or regulation made by the Board of Health, after notice of any such order or regulation, or after the publication thereof in the manner provided for the publication of the ordinances of said City, shall be punished as provided in Section 18.28 of this Chapter.

18.4

POLICE TO ASSIST. The Board of Health or Health Officer may command the assistance of the Chief of Police, or of any Police Officer of said City, and it shall be the duty of said Chief of Police or any Police Officer to obey the directions of said Board of Health or Health Officer.
the rules of this Board of Health as to quarantine.

18.5 QUARANTINE. The provisions of Section 143.05 of the Wisconsin Statues are hereby adopted and constitute 18.6 OBSTRUCTING HEALTH OFFICER. Any person who shall hinder, delay or obstruct the Health Officer, or any of his assistants, in the performance of his or their duties, shall be subject to forfeiture as provided in
Chap. 18 p. 1

Public Health & Sanitation Amended 06/12

Section 18.28 of this Chapter.

18.7 OFFICERS TO ORDER FILTHY PREMISES CLEANED.

It shall be lawful for the Mayor, the Health Officer or any Police Officer of said City, and it is the duty of the Health Officer and of any Police Officer, to order the owner or occupant of any house or place, which shall be in a filthy or infected condition, to cleanse or disinfect the same, as often as may be necessary for the health, comfort and convenience of the inhabitants of this City.

18.8 INSPECTION AND ABATEMENT OF NUISANCE. See Sections 17.03, 17.08, 17.09, and 17.11. 18.9 CARCASSES OR NOXIOUS MATTER. No person or corporation shall cause, suffer or allow any carcass, putrid or noxious matter to be buried or deposited within 40 rods of any well or dwelling house nor allow offal, refuse, contents or any cesspool, privy, sewer, slaughterhouse or barn or any other unwholesome substance whatever to accumulate within the limits of said City in such quantities, place or manner as to be offensive to the public or detrimental to the public health; and in case any person or corporation shall neglect, refuse to obey or remove any such carcasses, putrid or noxious matter, offal, refuse, contents of any cesspool, privy, sewer, slaughterhouse or barn so deposited or suffered to accumulate within twelve hours after a written notice requiring said act to be done shall have been served upon such person or corporation by the Chief of Police of said City, in the manner prescribed for service of a summons by statute, said Chief of Police shall cause the removal or abatement of the same as a nuisance and the cost thereof shall be charged to the property and collected in the manner provided for in special assessments.
of business, is hereby prohibited, unless such fruit, vegetables or other food products are carefully covered by glass, wood or metal cases, or enclosed in tight boxes, bags or barrels, and all such containers raised at least two feet above the sidewalk. The provisions of this section shall not apply to fruits or vegetables which are peeled or skinned before being used, or which are stored in tight barrels, boxes or crates. No dairy or other food product which has been prepared for eating shall be displayed or offered for sale unless properly protected from flies, dirt or other injurious contamination, by being suitably covered with a glass, wood or metal case or covering.

18.10 FOODS. The display or storing of fruits, vegetables, or other food products on the sidewalk or outside of a place

18.11 HOUSE CONNECTIONS TO SEWERS AND WATER MAINS.


(1) Whenever any line of sewer and water is laid along any street, avenue, lane or public alley, and the same is ready for use, it shall be the duty of the Building Inspector to notify, in writing, the owners or their agents and the occupants of all houses, tenements or other buildings situated on lots abutting upon, or accessible to the street, avenue, or public alley, along which said sewer and water is laid, to connect all closets, privies, sinks, bath tubs, lavatories, and urinals upon their respective lots with said sewer lines so that the contents of the same will discharge into such sewer in a sanitary manner within 60 days after date of service of such notice. (2) All owners of improved real estate which shall be located upon, near or accessible to any line of sewer and water, maintained by said City, or abutting any street, avenue, public alley or way along which the city sewer and water lines are laid, shall connect with said sewer line all water closets, bath tubs, lavatories, sinks, urinals, and outside frost proof closets, so that their contents will empty into such sewer in accordance with the provisions of the State Plumbing Code and such additional local rules and regulations not inconsistent therewith. (See Chapters 12 and 13 of this Code.)

18.12 PRIVIES AND CESSPOOLS. It shall be unlawful for any person, firm or corporation to build, erect,
construct, keep or maintain any privy or surface closet or cesspool on any lot or parcel of land abutting any street, avenue, public alley or way along which the City maintains a sewer line and water main or upon any lot accessible thereto.

18.13 SURFACE PRIVIES AND DRY CLOSETS.


Chap. 18 p. 2

Public Health & Sanitation Amended 06/12

(1) It shall be unlawful to build any surface privy or dry closet or cause the same to be built or constructed on any lot or premises within the City limits without first having obtained a permit from the Building Inspector of the City. (2) No permit shall be granted to build, erect, construct, keep or maintain any surface privy or dry closet on any lot or premises abutting a street, avenue, public alley or way along which the City maintains a sewer and water main or on a lot accessible thereto.

18.14 BUILDINGS TO BE REQUIRED WITH WATER CLOSETS.

It shall be unlawful to build, erect, keep or maintain any building to be occupied by one or more persons without providing and maintaining for use of such occupants adequate water closets connected with the City sewer so as to empty the contents thereof into said sewer, or without providing a sanitary surface privy built according to plans and specifications approved by the local Building Inspector or Board of Health.

18.15 NUISANCES - DUTIES OF OFFICERS.

All surface privies, privy vaults, dry closets and cesspools built, erected, constructed, kept or maintained without first having obtained a permit from the Building Inspector shall be and are hereby declared to be a public nuisance as set forth in Section 17.02 of this Code of General Ordinances and shall be subject to abatement and removal as provided in Chapter 17. It shall be the duty of the Building Inspector to strictly enforce the provisions of this Chapter to see that all violators are prosecuted and all nuisances promptly abated; it shall be the special duty of the Chief of Police and all City Officers in any capacity to promptly report to the Building Inspector in writing any or all violations of this Chapter within said City which shall come to their knowledge.

18.16 REFUSE.
(1) DEFINITION. The word refuse as used herein shall include all inorganic refuse matter such as tin cans, wire or metal of any kind, glass, china, crockery, paper, cloth, stone, earth, wood ashes and things of similar nature and all kinds of organic kitchen refuse resulting from the preparation of food and all decayed or spoiled food products from any source. (Ord. 95-28) (2) DUMPINGNOTPERMITTED. No person, firm or corporation may dump any refuse or industrial waste within the limits of this City. No person, firm, or corporation shall dump any refuse or industrial waste in Saunders Creek, or on the shore line of such creek or in the natural water courses. (Ord. 95-28) (3) OWNER NOT TO ALLOW DUMPING ON HIS PREMISES. No person, firm or corporation owning, occupying or managing any real estate shall cause or permit any refuse other than that belonging to such person, firm or corporation or other than that produced on the premises to be placed thereon, without a permit from the Health Officer of this City, and then, only in accordance with the terms and conditions of such permit. (Ord. 95-28) (4) DUMPSTER RENTAL. Rental available through City Agent. (Ord. 95-28) (5) NUISANCE. Any accumulation or deposit of refuse in or upon any lot or parcel of land near any inhabited dwelling house or any public or private place in the City of Edgerton which shall cause the air in such dwelling house or in the highway or street to become noxious or offensive or in such state as to breed flies, mosquitoes, or other insects, or otherwise become injurious to the public health is hereby declared to be a nuisance and shall be subject to abatement as provided in Chapter 17 of the Code of General Ordinances. (Ord. 95-28) (6) BURNINGOFREFUSEPROHIBITED. Nuisance, no person, firm or corporation shall burn refuse within the City limits and the burning of refuse within said City limits is hereby declared to be a nuisance and is further made a violation subject to forfeiture as provided in Sec. 18.28 of this Chapter. (Ord. 95-28) (7) REMOVALOFCONTENTSFROM CITYTRASHCONTAINERS. No person shall sort through or remove any contents deposited into city trash containers placed in the central business district of the City of Edgerton. Any violation of this ordinance shall be subject to the Penalty provision of Section 18.28 of this Chapter. (Ord. 95-28) (8) DUTIES OF THE BUILDING INSPECTOR. It shall be the duty of the Building Inspector to enforse the provisions of this Section. (Ord. 95-28) (9) REFUSE OTHER THAN BRUSH AND LEAVES TO BE PLACED ON CURB NOT MORE THAN 12 HOURS BEFORE DAY OF COLLECTION AND CONTAINERS TO BE REMOVED NOT MORE
Chap. 18 p. 3

Public Health & Sanitation Amended 06/12

THAN12HOURSAFTERCOLLECTION. No refuse other than brush and leaves shall be placed between the sidewalk and the curb or at any place in a residential section in said City for collection more than 12 hours before the day of collection and no basket, box or other container for such refuse shall remain between the sidewalk and the curb or at any other place in a residential section in said City for collection for more than 12 hours after the time of collection. (Ord. 95-28) (10) TERRITORYCOVERED. A refuse district is hereby established which shall include all the territory within the City and shall be governed by the following regulations. (Ord. 95-28)

18.17 SOLID WASTE.


(1) DEFINITION. The word Solid Waste as used herein shall be deemed to include all refuse generated in the City of Edgerton for regular waste collection but excluding recyclable (See 18.18(2)). (Ord. 95-28) (2) REGULATIONS-RECEPTACLES. Occupants of single family and 2 to 4 unit residences, having solid waste to dispose of who does not otherwise dispose of this refuse in a sanitary manner, shall provide plastic bags, or one or more garbage cans with plastic bags inside which are sufficient to receive all garbage that may accumulate between the times of collection. Each can shall have a capacity not to exceed thirty (30) gallons. (Ord. 95-28) (3) SOLID WASTECOLLECTION. All collection of solid waste for residential structures having 4 or fewer units will be made by designated employees of the City of Edgerton or its designated agent. (Ord. 95-28) (4) SOLID WASTE NOT TO BE FED WITHIN CITY. No person shall collect solid waste for the purpose of feeding the same nor shall said garbage so collected by himself or others be fed within the City limits. (Ord. 95-28) (5) CURBSIDE COLLECTION. (a) BRUSH TO BE PLACED ON CURB NOT MORE THAN 72 HOURS BEFORE THE DESIGNATED DAY OF COLLECTION. No brush shall be placed between the sidewalk and the curb or at any place in a residential section in said City for collection more than 72 hours before the designated day of collection. (Ord. 95-28) (b) BRUSH PICKUP. Brush will be picked up seasonally, once per month at the discretion of the Director of Public Works. Limbs and branches should be bundled or put in garbage cans. Very small loose piles will also be picked up. Limbs and branches should be bundled in bundles no larger than 6 feet long, 24 inches in diameter and weigh no more than 100lbs. No limbs in the bundle should be more than 6 inches in diameter. Limbs and branches in garbage cans should be no more than 6 feet in length, 6 inches in diameter and weigh no more than 100lbs. All limbs and branches should be piled neatly at the curb or in garbage cans. No roots will be collected at curb. (Ord. 95-28) The City will only pick up reasonable amounts of trimmings from trees and shrubs at the discretion of the Director of Public Works. Residents may bring bushes, tree limbs and other brush to the City owned dumpsite. No roots are allowed at the dumpsite. This does not include limbs, trees and plantings cut by private companies, tree removal services or other contractors. (Ord. 01-23) (c) LEAF PICKUP. Leaves will be picked up at curbside in the fall of the year only. Times will be determined by the Director of Public Works and published in the local newspaper. Leaves are to be loosely racked and placed behind the back of curb, not in the street. (Ord. 95-28) (d) YARD WASTE. Any yard waste such as grass clippings, leaves, ornamental bush trimmings, will not be picked up at curbside except as mentioned in 18.17(5)(c.). The Director of Public Works will make available a compost site for City residents to deposit loose yard waste. All deposits should be decomposable yard waste, no bags, containers or boxes allowed. (Ord. 95-28)

18.18 MANDATORY RECYCLING.


(1) PURPOSE. The purpose of this ordinance is to promote recycling, composting, and resource recovery through the administration of an effective recycling program, as provided in ss.159.11, Wis. Stats., and Chapter NR 544, Wis. Administrative Code. (2) STATUTORY AUTHORITY. This ordinance is adopted as authorized under ss. 159.09(3)(b), Wis. Stats. and Wis. Stats. ss 66.01. (3) ABROGATION AND GREATER RESTRICTIONS. It is not intended by this ordinance to repeal, abrogate,

Chap. 18

p. 4

Public Health & Sanitation Amended 06/12

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. (4) 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 requirements 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 NR544, Wis. Administrative Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Chapter NR544 standards 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. (5) SEVERABILITY. Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected. (6) APPLICABILITY. The requirements of this ordinance apply to all persons within the City of Edgerton. (7) ADMINISTRATION. The provisions of this ordinance shall be administered by the Director of Public Works for the City of Edgerton. (8) EFFECTIVEDATE. The provisions of this ordinance shall take effect on January 1, 1995. (9) DEFINITIONS. For the purposes of this ordinance: (a) Bi-metal container means a container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum. (b) Container board means corrugated paperboard used in the manufacture of shipping containers and related products. (c) Foam polystyrene packaging means packaging made primarily from foam polystyrene that satisfies one of the following criteria: 1. Is designed for serving food or beverages. 2. Consists of loose particles intended to fill space and cushion the packaged article in a shipping container. 3. Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container. (d) HDPE means high density polyethylene, labeled by the SPI code #2. (e) LDPE means low density polyethylene, labeled by the SPI code #4. (f) Magazines means magazines and other materials printed on similar paper. (g) Major appliance means a residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, refrigerator, furnace, boiler, dehumidifier, water heater or stove. (h) Multiple-family dwelling means a property containing five or more residential units, including those which are occupied seasonally. (i) Newspaper means a newspaper and other materials printed on newsprint. (j) Non-residential facilities and properties means commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple family dwellings. (k) Office paper means high grade printing and writing papers from offices in non-residential facilities and properties. Printed white ledger and computer printout are examples of office paper generally accepted as high grade. This term does not include industrial process waste. (l) Other resins or multiple resins means plastic resins labeled by the SPI code #7. (m) Person includes any individual, corporation, partnership, association, local governmental unit, as defined in ss66.299(a)(a), Wis. Stats., state agency or authority or federal agency. (n) PETE means polyethylene terephthalate, labeled by the SPI code #1. (o) Plastic container means an individual, separate, rigid plastic bottle, can jar, or carton, except for a blister pack, that is originally used to contain a product that is the subject of a retail sale. (p) Postconsumer waste means solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in ss.144.61(5), Wis. Stats., waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in ss. 144.44(7)(a)1., Wis. Stats.
Chap. 18 p. 5

Public Health & Sanitation Amended 06/12

(q) PP means polypropylene, labeled by the SPI code #5. (r) PS means polystyrene, labeled by the SPI code #6. (s) PVC means polyvinyl chloride, labeled by the SPI code #3. (t) Recyclable materials includes lead acid batteries; major appliances; waste oil; yard waste; aluminum containers; corrugated paper or other container board; foam polystyrene packaging; glass containers; magazines; newspaper; office paper; rigid plastic containers; including those made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins; steel containers; waste tire; and bi-metal containers. (u) Solid waste has the meaning specified in ss. 144.01(15), Wis. Stats. (v) Solid waste facility has the meaning specified in ss144.43(5), Wis. Stats. (w) Solid waste treatment means any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. Treatment includes incineration. (x) Waste tire means a tire that is no longer suitable for its original purpose because of wear, damage or defect. (y) Yard waste means leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material no greater than 6 inches in length and inch in diameter. This term does not include stumps, roots or shrubs with intact root balls. (10) SEPARATION OF RECYCLABLE MATERIALS. Occupants of single family and 2 to 4 unit residences, multiple-family dwellings and non-residential facilities and properties shall separate the following materials from postconsumer waste: (a) Lead acid batteries (b.) Major appliances (c.) Waste oil (d) Yard waste (e) Aluminum containers (f) Bi-metal containers (g) Corrugated paper or other container board (h) Foam polystyrene packaging (i) Glass containers (j) Magazines (k) Newspapers (l) Office paper (m) Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins (n) Steel containers (o) Waste tires (11) SEPARATION REQUIREMENTS EXEMPTED. The separation requirements of ss10 do not apply to the following: (a) Occupants of single family and 2 to 4 unit residences, multiple-family dwellings and non-residential facilities and properties that send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in ss10 from solid waste in as pure a form as is technically feasible. (b) Solid waste which is burned as a supplemental fuel at a facility if less than 30% of the heat input to the facility is derived from the solid waste burned as supplemental fuel. (c) A recyclable material specified in ss10(E) through (o) for which a variance has been granted by the Department of Natural Resources under ss159.11(2m), Wis. Stats., or ss NR544.14, Wis. Administrative Code. (12) CAREOFSEPARATED RECYCLABLEMATERIALS. To the greatest extent practicable, the recyclable materials separated in accordance with ss 10 shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other non-recyclable materials, including but not limited to household hazardous waste,
Chap. 18 p. 6

Public Health & Sanitation Amended 06/12

medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain and other inclement weather conditions. (a) Recycled materials shall be placed in the designated recycling bins. All recycle bins shall be placed at the curb no earlier than the evening before the regularly scheduled city collection day for each specific area of the city. (b) Bins for recyclable materials are available from the Public Works Department. Each existing residence has bee issued a bin that remains with the residence. Replacement or additional bins are availalbe for a fee. (13) MANAGEMENT OF LEAD ACID BATTERIES, MAJOR APPLIANCES, WASTE OIL AND YARD WASTE. Occupants of single family and 2 to 4 unit residences, multiple-family dwellings and non-residential facilities and properties shall manage lead acid batteries, major appliances, waste oil, and yard waste as follows: (a) Lead acid batteries shall be placed at curbside to be picked up by a recycling collection firm designated by the City. (b) Major appliances shall be picked up at curbside on a weekly basis by a recycling collection firm designated by the City. (c) Waste oil shall be placed at curbside in plastic containers no larger than 1 gallon to be picked up by a recycling collection firm designated by the City. (d) Yard waste shall be brought to the yard waste compost collection point as designated by the Department of Public Works. (Currently at the City Garage, 315 Lyons Street, Edgerton.) (e) Curbside yard waste collection shall be designated by the Department of Public Works policy. (14) PREPARATION AND COLLECTION OF RECYCLABLE MATERIALS. Except as otherwise directed by the Director of Public Works, occupants of single family and 2 to 4 unit residences shall do the following for the preparation and collection of the separated materials specified in ss10(E) through (O): (a) Aluminum containers shall be rinsed and flattened. (b) Bimetal containers shall be rinsed and flattened. (c) Corrugated paper or other container board shall be flattened and assembled or tied in orderly fashion in clean condition. No larger than 2' x 2'. (d) Foam polystyrene packaging shall be rinsed. (e) Glass containers shall be rinsed and cleaned. (f) Magazines and glossy newsprint shall be bundled and separated. (g) Newspaper shall be bundled and separated. (h) Office paper shall be bundled and separated. (i) Rigid plastic containers shall be prepared and collected as follows: 1. Plastic containers made of PETE, including soda bottles, shall be rinsed and flattened. 2. Plastic containers made of HDPE, including detergent and milk bottles shall be rinsed and flattened. 3. Plastic containers made of PVC, shall be rinsed and flattened. 4. Plastic containers made of LDPE, shall be rinsed and flattened. 5. Plastic containers made of PP, shall be rinsed and flattened. 6. Plastic containers made of PS, shall be rinsed and flattened. 7. Plastic containers made of other resins or multiple resins, shall be rinsed and flattened. 8. Steel containers shall be rinsed and flattened. 9. Waste tires shall have rims removed, cleaned, processed and shall be placed at curbside to be picked up by a recycling collection firm designated by the City. No tires larger that 4 feet in diameter will be picked up. (15) RESPONSIBILITIES OF OWNERS OR DESIGNATED AGENTS OF MULTIPLE-FAMILY DWELLINGS. (a) Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in ss10(E) through (O): 1. Provide adequate, separate containers for the recyclable materials.
Chap. 18 p. 7

Public Health & Sanitation Amended 06/12

2. Notify tenants in writing at the time of renting or leasing the dwelling and at least semi-annually thereafter about the established recycling program. 3. Provide for the collection of the materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility. 4. Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods, or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number. (b) The requirements specified in (a) do not apply to the owners or designated agents of multiple-family dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in ss10(E) through (O) from solid waste in as pure a form as is technically feasible. (16) RESPONSIBILITIES OF OWNERS OR DESIGNATED AGENTS OF NON-RESIDENTIAL FACILITIES AND PROPERTIES. (a) Owners or designated agents of non-residential facilities and properties shall do all of the following to recycle the materials specified in ss.10(E) through (O): 1. Provide adequate, separate containers for the recyclable materials. 2. Notify in writing, at least semi-annually, all users, tenants and occupants of the properties about the established recycling program. 3. Provide for the collection of the materials separated from the solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility. 4. Notify users, tenants and occupants of reasons to reduce and recycle, which materials are collected, how to prepare materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number. (b) The requirements specified in (a) do not apply to the owners or designated agents of non-residential facilities and properties if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in ss. 10(E) through (O) from solid waste in as pure a form as it technically feasible. (17) PROHIBITIONS ON DISPOSAL OF RECYCLABLE MATERIALS SEPARATED FOR RECYCLING. No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in ss. 10(E) through (O) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility. (a) All solid waste or refuse placed at curbside for municipal disposal must be in clear transparent bags. (18) ENFORCEMENT. (a) For the purpose of ascertaining compliance with the provisions of this ordinance, any authorized officer, employee or representative of the City of Edgerton may inspect recyclable materials collection sites and facilities, collection vehicles, collection area of multiple-family dwellings and non-residential facilities and properties, any records relating to recycling activites, which shall be kept confidential when necessary to protect proprietary information. No person may refuse access to any authorized officer, employee or authorized representative of the City of Edgerton who requests assess for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection. (b) Any person who violates a provision of this ordinance may be issued a citation by the Department of Public Works. The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this paragraph. (c) Penalties for violating this ordinance may be assessed as follows: 1. Any person who violates ss17 may be required to forfeit up to $50.00 for a first violation, up to $200.00 for a second violation, and not more than $2,000.00 for a third or subsequent violation, together with the court costs, penalty costs and the cost of prosecution. 2. Any person who violates a provision of this ordinance, except ss.17, may be required to forfeit not less
Chap. 18 p. 8

Public Health & Sanitation Amended 06/12

than $10.00 nor more than $1,000.00 for each violation, together with the court costs, penalty costs and the cost of prosecution. (Ord. 95-1)

18.19 SLAUGHTERHOUSES. It shall be unlawful for any person, without having first obtained a written permit
therefor from the Board of Health: (1) To boil, heat, dry, store or manufacture any offal, swill, bones, fat, tallow, lard, skin, or other animal substance having an offensive odor. (2) To slaughter any pig, sheep, lamb, cow, ox, calf, horse, or other domestic animal. (3) To slaughter any turkey, goose, duck, chicken, or other fowl. (4) To carry on the business of rendering, bone boiling, bone burning, gut cleaning, skinning, glue making from blood, scrap, fat grease, or hides. (5) To conduct any business or occupation that will or does generate unwholesome offensive or deleterious odors, gas, smoke, or exhalation, or that is or would be detrimental to life, health, sight, or comfort. Provided that as to said Section (3) no written permit shall be required except from meat dealers, but they shall be subject to such rules and regulations as may be established by the Board of Health.

18.20 PATENT MEDICINES.

No person shall by himself, his servant or agent, or as the servant or agent of any person, leave, throw or deposit, or have in his possession with intent to leave, throw or deposit upon the doorsteps or premises owned or occupied by another, or deliver to any child under the age of 15 years, when not accompanied by an adult, any patent or propriety medicine or any preparation, pill, tablet, or drug that contains poison or other ingredients deleterious to health, as a sample or in quantity whatever for the purpose of advertising or otherwise.

18.21 SEE 29.09 (4) 18.22 PENS AND YARDS. When allowed by Chapter 22 of City of Edgerton Code of General Ordinances, all hog
pens and yards, chicken coops and yards, dove cotes or other buildings, yards or pens wherein any animals including domestic are confined shall be kept in clean and sanitary manner and condition and free from all objectionable odors and subject to the approval of the Building Inspector or the Board of Health.

18.23 SEE 29.09 (4) 18.24 HORSES AND CATTLE BARNS.


(1) TO BE CLEAN AND SANITARY. All stables or yards, built, kept, maintained and used for the purpose of keeping, confining or housing therein any horses or cows, shall have floors constructed of such materials and in such a manner that the same can be kept clean and in a sanitary conditions at all times, and shall be provided with fly tight bins or other tightly closed receptacles for manure which shall be removed sufficiently often and in such a manner as to prevent the same from becoming a nuisance, and no manure shall be allowed to accumulate on the floors or on the adjacent ground, and shall, at all times be kept in good condition to the satisfaction and approval of the Building Inspector and the Board of Health and all such stables or yards built, kept, maintained and used for such purposes outside of the limits above mentioned shall be kept in such a manner as may be prescribed, adopted and published by the said Board of Health.

18.25 SPITTING ON SIDEWALKS AND WALLS.

No person shall spit, expectorate, deposit or place any sputum, spittle, saliva, phlegm, mucus, or tobacco juice upon any part of the sidewalk or upon any part of the floor, stairway, or wall of any theater, public hall, church, store, or public building, or public conveyance, or upon any platform of a railway station. (See also Chapter 16.08 of this Municipal Code.)

18.26 RULES AND REGULATIONS OF STATE BOARD OF HEALTH. All rules and regulations
Chap. 18 p. 9

Public Health & Sanitation Amended 06/12

of the Wisconsin Board of Health now in force and including further amendments, are hereby re-enacted and by reference made a part of this Chapter with the same force and effect as though such section, paragraph and clause thereof was particularly set forth.

18.27 FURTHER RULES AND REGULATIONS.

The Board of Health may adopt and publish such further lawful ordinances, rules and regulations as in its judgement may be required for the preservation of public health and report the same to the Common Council, and when the same shall have been adopted, in whole or in part, by the Common Council, the same shall, as far as adopted, be considered a part of this Chapter, and any violation thereof be punished as if the same has been a part of this Chapter.

18.28 PENALTY. Unless provided elsewhere, any person violating any provision of this Chapter shall forfeit not less
than twenty-five dollars ($25.00) nor more than One Hundred Dollars ($100.00) together with the costs of prosecution and in default of payment of said forfeiture and costs of prosecution shall be imprisoned in the Rock County Jail until such forfeiture and costs of prosecution are paid but not to exceed 90 days.

FEES
18.17(10) 18.17(10) 18.23(1) Appliance Disposal Permit Appliance w/Freon Disposal Permit Poultry License $10 $25 $10

UNIFORM FINES & PENALTIES


ORD. 18.06 18.09 18.10 18.11 18.16 18.17 18.18 18.19 18.20 18.22 18.24 18.25 SUBJECT Obstructing Health Officer Noxious Matter Public Display of Foods Sewer/Water Hookup Viol. Rubbish Collection Violation Garbage Collection Violation Recycling Violations Slaughterhouses Medicines Pens & Yards Horses & Cattle Spitting ORD. 18.28 18.28 18.28 18.28 18.28 18.28 18.18 18.28 18.28 18.28 18.28 18.28 MAX. $100 $100 $100 $100 $100 $100 $2,000 $100 $100 $100 $100 $100

Chap. 18

p. 10

License and Permits Amended 12/11

CITY OF EDGERTON MUNICIPAL CODE CHAPTER 19 LICENSES & PERMITS


SECTION 19.001 GENERAL REQUIREMENTS.
Unless otherwise specifically provided, licenses and permits required for the carrying on of a business, or trade or other activity set forth in this Chapter shall be applied for, issued, suspended, revoked or not renewed according to the provisions of this section if not specifically outlined elsewhere. (1) LICENSE OR PERMIT REQUIRED. Any person that performs any activities set forth in this Chapter shall first obtain the appropriate license or permit approved by the City Council and issued by the City Administrator. (2) APPLICATION FOR LICENSE OR PERMIT. Every application for a license or permit shall be made upon proper forms furnished by the City Administrator, verified by the applicant, and shall contain all information requested on said application including, but not limited to, the complete name and address of the applicant, the purposes for which said license or permit is being applied for, the place where the activity being applied for will be conducted and term for which the applicant proposes to carry on the activity being licensed. Any other information being requested on the application must be provided. In addition, the license or permit fee must be paid at the time the application is being submitted to the City Administrator for consideration by the Common Council. (3) ISSUANCE OF LICENSE OR PERMIT. (a.) All applications for licenses and permits shall be received by the City Clerk and submitted to the Finance Committee for review and recommendation. The Finance Committee shall review all applications and recommend to Common Council at its next regularly scheduled meeting the approval or denial of said license or permit application. In determining whether to approve or deny an application, the Finance Committee will use the following conditions for special consideration before making their determination: 1. Any violations, conviction or pending charges within the last twelve (12) months which related to the license or permit being requested. 2. Any incomplete, misleading or falsified information on the application when the information provided by the applicant pertains to either the identification of the applicant or if the matter affects licensing or permit information. 3. Any outstanding fines, forfeitures, penalties, over due assessments and/or user fees owed to the City. The Common Council shall then approve or deny the application for a license or permit and if approved, the license or permit shall be issued by the City Clerk. Said license or permit shall state the date thereof, the date that said license or permit shall be in force, the name of the person or organizations to whom the license or permit is issued, the place of residence of said person, group or organization, the address or place of business at which said activity is to be conducted, the particular type of license or permit granted and the amount of the license or permit fee paid. The City Clerk shall keep all such applications on file and also keep on file a copy of all licenses and permits issued. (b.) If at any time more than one application is received when only a single license is available the Finance Committee shall consider the applications in the order they were received. The City Clerk shall date the applications as they are submitted and inform the Committee of the correct order. (4) LICENSE OR FEE. The license or permit fee for any activity permitted under this Chapter shall be such fee as set by the City Council. A copy of the appropriate fee schedule attached shall not eliminate the need to apply for and be granted the appropriate license or permit nor the need to pay the appropriate fee prior to engaging in or conducting the requested activity or business. (5) WHEN LICENSE OR PERMIT TERMINATES. Every license or permit, no matter when granted or issued, shall terminate or expire, on the 30th day of June of each year unless specifically provided for otherwise in any subsection of this Chapter.

License and Permits Amended 12/11

(6) EXEMPTIONS FROM LICENSES OR PERMITS (a) All lectures, addresses, and musical or other entertainments and all advertisements thereof in and for

the benefit of the local churches, schools, education and religious institutions and benevolent and fraternal associations, and literary, theatrical, musical and other entertainments and performances by local schools, educational and religious institutions, benevolent and fraternal associations are exempted from the provisions of this chapter. (b) No license or permit under this chapter shall be required of any person, being a farmer, gardener, producer or resident of Rock or adjoining counties, except dealers in milk, who by himself or herself, his or her servants or employees, shall bring into the City for sale in the market or from house to house, farm products, grain, vegetables, fruit or other products of his or her own farm or factory. (7) SUSPENSION, REVOCATION, REFUSAL TO RENEW OR ISSUE. (a) Any license or permit granted or issued under the provisions of this Chapter or any other Chapter may be suspended or revoked by the Council for the violation of any provision of this Chapter or regulation of this City relating to such particular trade, occupation or business; for the violation by the licensee or permittee, his or her agent, servant or employee for him or her of any law of the United States or of the State of Wisconsin relating to the particular trade, occupation or business or license; and for false or incorrect information on the application for said license or permit. (b) NOTICE OR SUMMONS. Any resident of this City or the Chief of Police or any other member of the Police Department may file a sworn written complaint with the City Administrator alleging that a person holding a license or permit issued under this Chapter has violated this Chapter or any other provisions set forth in Chapter 19.001 (7) (a) above. Upon the filing of the complaint, the City Administrator shall issue a notice or summons signed by the City Administrator commanding the license or permit holder complained of to appear before the License Committee to show cause why his or her license or permit should not be suspended or revoked for reasons set forth in the complaint or other reasons. A copy of the complaint shall be attached to the notice or summons. The notice or summons shall state the time and place when and where the complaint will be heard before the License Committee. The notice or summons shall be served personally upon the alleged violator at least five (5) days before the date of hearing or by leaving such notice or summons and copy of the complaint at the alleged violator's place of residence or place of business described under the license or permit with the alleged violator's agent, servant or employee or any other person in charge of the place of business at least ten (10) days before the day of the hearing. (c) PROCEDURE ON HEARING. At the time and place so named in said notice or summons the alleged violator may appear in person and admit or deny the allegations of the complaint. If the license or permit hold denies the allegations of the complaint, both the complainant and license or permit holder may produce witnesses, cross examine witnesses, and be represented by counsel. The hearing shall be tape recorded or transcribed. The license or permit holder shall be provided a written transcript of the hearing upon request at his or her expense. On motion of either party, the License Committee, in its discretion, may adjourn the hearing from time to time. At the conclusion of said hearing, the License Committee shall make its findings as to the allegations contained in the complaint and make a recommendation as to what, if any, suspension or revocation should be imposed on the license or permit. If the license or permit holder does not appear at the hearing as required by the notice or summons, the allegations of the complaint shall be taken as true and the License Committee shall then make its recommendation as to what, if any, suspension or revocation should be imposed on the license or permit. The License Committee shall make its recommendation at the next regularly scheduled Common Council meeting or at any special Common Council meeting if called. Said recommendation shall indicate what action, if any, the Common Council should take with respect to the license or permit. Either the complainant or the license or permit holder may file an objection to the recommendation of the License Committee and shall have the opportunity to present arguments supporting the objection to the Common Council. After considering the recommendation of the License Committee and arguments presented by the complainant or the licensee or permittee, the Common Council shall

License and Permits Amended 12/11

decide what action, including suspension or revocation, it should take with regard to the license or permit.
(d) EFFECT OF SUSPENSION OR REVOCATION. When a license or permit is suspended by the

Common Council, the suspension shall state the dates for which said suspension will take place including the starting and ending date and to also state any other conditions of said suspension. During said period of suspension the license or permit holder is prohibited from engaging in the activity or business permitted under the license or permit and any violation of said suspension may result in immediate revocation of said license or permit. If said license or permit is revoked by the Common Council, said revocation shall take place immediately and no portion of any license or permit fee shall be refunded. The City Administrator shall give written notice of the suspension or revocation to the person whose license or permit is suspended or revoked. Any license or permit revoked under this Chapter shall be recorded by the City Administrator and no other license or permit issued under this Chapter may be granted within twelve (12) months of the date of revocation to the person whose license was revoked. (e) REFUSAL TO RENEW LICENSE OR PERMIT. The Common Council may refuse to renew a license or permit issued to any person, business or organization under this Chapter for the reasons set forth in Section 19.001 (7) (a). Prior to the time of the renewal of the license or permit, the License Committee or the Common Council, through the City Administrator shall notify the licensee or permittee in writing of the Common Councils intention not to renew the license or permit and further provide the licensee or permittee the opportunity for a hearing. The notice to non-renew shall state the reasons for the intended actions. The hearing shall be conducted as provided in Section 19.001 (7) (c). (f) REFUSAL TO ISSUE LICENSE OR PERMIT. If the Common Council decides not to issue any new license or permit applied for under this Chapter, the Common Council through the City Administrator shall notify the applicant for the license or permit of the decision not to issue the license or permit. The notice shall be in writing and state the reason for the decision. (8) SPECIAL ISSUANCE OF LICENSE OR PERMIT. Whenever it appears by the application for a license or permit required under this Chapter that the applicant would be entitled to such license or permit and that there is a need for said license or permit to be issued before consideration by the License Committee and/or approval by the Common Council at its next regularly scheduled meeting, then the Mayor may, except when it is otherwise specifically provided, by an order signed by him, direct the City Administrator to issue such license or permit to be effective only until the application can be reviewed by the License Committee and voted on by the Common Council. If the Common Council shall deny the license or permit, the applicant shall immediately cease operation under said license or permit. The Common Council may modify or impose any other conditions on said license or permit as is appropriate. (9) PERSON AND OWNER DEFINED. A person or owner can mean any natural person, sole proprietorship, partnership, corporation or association or any other entity whether a person or business applying for a license or permit.

SECTION 19.01 AMUSEMENTS.


(1) LICENSE REQUIRED. Except as provided for in Section 19.001 (6), no person shall exhibit or give any public, theatrical or operatic performance, musical entertainment, circus, menagerie, rope or wire walking, sleight of hand performance, caravan, stage exhibition, animal show, doll show, wax figure show, curiosity or painting exhibition or other show, exhibition, entertainment, performance, or amusement whatsoever without having obtained a license therefor and paying the appropriate fee under the provisions of this Chapter.

SECTION 19.02 TAXICABS.

License and Permits Amended 12/11

(1) VEHICLE LICENSE REQUIRED. No person, firm or corporation shall operate any cab, taxicab or any vehicle carrying passengers for hire within the City without first securing a vehicle license from the City. (2) VEHICLE LICENSE APPLICATION. (a) APPLICATION. Applicants for a vehicle license shall file with the City Administrator an application and pay the appropriate fee. (b) BOND. Such application shall be accompanied by a good and sufficient indemnity bond issued by a surety or indemnity company duly authorized to transact business in this state, which bond shall describe each vehicle to be licensed by factory number, maker's name and carrying capacity. Said bond shall provide that the owner or operator issuing the same shall be directly liable for and shall pay all damages, whether to persons or property, that may be recovered against said owner or operator by reason of the negligent use and operation of each such licensed vehicle in an amount of at least One Hundred Thousand Dollars ($100,000.00) to any one person and Three Hundred Thousand Dollars ($300,000.00) for any one accident. The bond provided for by this subsection shall be deemed to include any policy of insurance or other contract in writing by which any surety or insurance company authorized to execute such contract shall assume the liability prescribed in this subsection. If any bond so filed becomes inoperative, the vehicle covered thereby shall not be operated until a bond meeting the requirements of this subsection has been filed. (3) VEHICLE LICENSE ASSIGNABILITY. The owner of any licensed vehicle may, with the consent of the council, assign the license covering such vehicle to any person to whom such vehicle may be sold, or the owner of any licensed vehicle may transfer such license to any other vehicle owned by the licensee; provided, however, that no person, firm or corporation shall operate more than one such vehicle for each license held. (4) VEHICLE LICENSE REGISTER KEPT-EXHIBITED. Each vehicle license shall be numbered and dated and shall contain the name of the person applying for the same. It shall be the duty of the City Administrator to keep a register of all licenses granted under this chapter wherein shall be stated the number of such license, to whom issued and the date thereof. Every person, firm or corporation who may be licensed as aforesaid shall forthwith cause the license number to be plainly exhibited on the right and left side of each vehicle so operated in figures not less than one and one-half inches in length. Where any licensee operates more than one such vehicle, all vehicles operated by such licensee shall be individually numbered, consecutively from one to the total number of such vehicles, and on each such vehicle there shall be exhibited on each side thereof, in letter of like size, the individual vehicle number in addition to the license number. Such vehicle number and license number shall be separated by a dash. (5) RENTED OR LEASED VEHICLES. This chapter shall be understood to require a vehicle license for every vehicle which may be leased or rented for use with or without a driver. (6) DRIVER'S LICENSE REQUIRED. No person shall operate cab, taxicab, or any other vehicle covered by Section 19.02 (1) carrying passengers for hire within the limits of the City unless the operator of said vehicle is properly licensed by the State Motor Vehicle Department and City of Edgerton for the operation of the cab, taxicab, or other vehicle carrying passengers for hire. (7) DRIVER'S LICENSE-APPLICATION. (a) APPLICATION. Applicants for driver's license shall file an application with the City Administrator and shall pay to the appropriate license fee. No such license shall be issued to any person under the age of 18 years, or shall any such license be granted to any applicant who has been convicted of s. 346.63 of the Wisconsin Statutes or any amendments thereto, or any local ordinances adopting said State Statute within one (1) year previous to the date of filing such application, or whose driving record indicates an inability of the applicant to comply with motor vehicle laws. (b) NONTRANSFERABLE. No driver's license shall be transferable. (c) DISPLAY REQUIRED. All persons compelled by this chapter to have a driver's license shall have and keep the same displayed in a conspicuous place on the inside of the vehicle. (d) REVOCATION. In addition to the penalties in Section 19.001 (7), dealing with suspension and/or revocation, the Council may at any time suspend or revoke any vehicle driver's license when in its judgment public safety requires such suspension or revocation. The same procedure shall be employed as set forth in Section 19.001 (7). A vehicle driver's license is automatically revoked for

License and Permits Amended 12/11

the period of one year upon the licensee's conviction of driving or operating a motor vehicle in violation of Section 346.63 Wis. Stats., any amendments thereto or any ordinances adopting said statute, or any other State Statute or local ordinance involving the driving or operation of a motor vehicle while under the influence of intoxicant or a controlled substance or with a blood alcohol concentration of 0.1 percent by weight of alcohol in that persons blood or 0.1 grams or more of alcohol in 210 liters of that persons breath. (8) RATES. Before any license shall be issued to any person, firm or corporation to operate a vehicle carrying passengers for hire, said person, firm or corporation shall file with the City Administrator a list of rates and charges for transportation within the City limits of the City of Edgerton. Increases in charges and rates shall be effective only upon filing a list of the increased rates and charges with the City Administrator at least thirty (30) days prior to said changes taking effect. (9) EXCEPTIONS. The following shall be exempt from all provisions of this chapter, although, any such vehicles and the drivers thereof shall be required to be licensed if used in any other class of work. (Ord. 96-4) (a) Vehicles owned or leased by licensed funeral directors or to the drivers of such vehicles when employed by such licensed funeral directors in the conduct of funerals, weddings and christenings. (Ord. 96-4) (b) Vehicles used for the urban mass transit and contracted with the City for the Shared Ride Taxi Service in which funding is provided through the Federal, State and City units of government. (Ord. 01-05)

SECTION 19.03 BOWLING SHUFFLEBOARD TABLES.

ALLEYS,

BILLIARD

AND

POOL

HALLS;

(1) LICENSE REQUIRED. No person shall erect or keep or permit to be erected, placed or kept upon his or her premises any public tenpin, bowling alley, billiard or pool table, pigeon hole or bagatelle table, shooting gallery, wheel of fortune, doll rack, strength tester, shuffleboard or any other implement or amusement device used or kept for hire without first having obtained a license therefor and paying the appropriate fee as herein provided. (2) TRANSFER OF LICENSE. No license issued under this Section shall be transferable without the consent of the Council. (3) LICENSE TO BE POSTED. Every licensee shall keep his license posted in a conspicuous place in the room in which said public tenpin or bowling alley or any billiard or pool table, pigeon hole or bagatelle table, shooting galley, wheel of fortune, doll rack, strength tester, shuffleboard, or any other implement or amusement device is kept. (4) GAMBLING PROHIBITED. No dice shall be thrown for money, merchandise or credit, nor shall cards, raffles, or other games of chance or gambling in any form, be permitted in any room or place where any public tenpin or bowling alley or any billiard or pool table, pigeon hole or bagatelle table, shooting gallery, wheel of fortune, doll rack, strength tester, shuffleboard, or any other implement or amusement device is located, nor shall there be any open or secret connection with any room or place where persons congregate for gambling or immoral purposes.

SECTION 19.04 DANCE AND DANCE HALLS.


(1) LICENSE REQUIRED. No person shall hold any public dance or public ball without having first obtained a license therefor and paying the appropriate fee as herein provided. (2) DEFINITION. The term "Public Dance" or "Public Ball" as used in this section shall be taken to mean any dance or ball to which admission may be charged to the public generally by payment of a fee, or by the purchase, possession or presentation of a ticket or token, or at which a charge is made for caring for

License and Permits Amended 12/11

clothing or other property, or any other dance to which the public without restriction may gain admission with or without the payment of a fee. (3) ADVERTISEMENT TO SHOW SPONSORS. In all circulars, newspaper advertisements, or other announcements of a public dance, the name of the person under whose auspices the dance is to be held, shall be printed in a conspicuous manner. (4) AGE LIMIT. It shall be unlawful to permit any person under the age of sixteen years to attend or to take part in any public dance, unless such person is accompanied by a parent, legal guardian or other adult person responsible for the welfare of said minor and authorized in writing by a parent or guardian to act in such capacity. It shall be unlawful for any person to misrepresent his or her age in order to obtain admission to a public dance hall, or to be permitted to remain therein, when such person is in fact, because of age, not permitted to attend or participate in a public dance under the provisions of this section. (4) TIME OF CLOSING. All public dances shall be discontinued on or before one o'clock a.m., and all persons in attendance at said dance shall leave the premises and the dance hall shall be closed at or before 1:30 o'clock a.m.

SECTION 19.045 WEIGHTS AND MEASURES REGULATIONS


(1) APPLICATION OF STATE CODES. The statutory provisions of Chapter 98, Weights and Measures, Wis. Stats, and Wis. Adm. Code, ATCP 92, Weighing and Measuring Devices are hereby adopted and by reference made a part of this section as if fully set forth herein. Any act required to be performed or prohibited by any statute or code incorporated herein is required or prohibited by this section. Any further amendments, revisions or modifications of the statutes incorporated herein or Wis. Adm. Code provisions incorporated herein are intended to be made a part of this section. (2) DEFINITION. (a) Commercial Weighing or Measuring Devices. Devices used or employed in establishing the size, quantity, extent, area or measurement of quantities, things, produce or articles for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of weight or measure. (b) Weights and Measurers Program. The program that includes administration and enforcement of this section, Chapter 98, Wis. Stats., and applicable Wis. Adm. Code provisions, and any related actions. (3) APPOINTMENT OF INSPECTORS. In order to assure compliance with this section, the City hereby grants the authority and duties of sealers and inspectors required by this section to the State of Wisconsin Department of Agriculture, Trade and Consumer Protection or any other certified inspector approved by the Common Council. (4) FEE ASSESSMENT. (a) Annual Assessment. The City Clerk shall annually assess fees and mail invoices to each establishment by May 15th and due by June 30th. Assessment fees will be based on the number and types of weighing and measuring devices as indicated by the State of Wisconsin Department of Agriculture, Trade and Consumer Protection. The total of the fees assessed and the fees collected shall not exceed the actual costs of the Weights and Measurers Program. (b) Failure to Pay Assessment. If the assessment fee is not paid by June 30th of each year, an additional administrative collection charge of 10% of the fee shall be added to the amount due. Businesses failing to pay the assessment shall not be issued any alcohol beverage licenses or cigarette licenses until such fee is paid in full. If the licensee is the owner of the real estate premises where the licensed weights and measures devices are located, any delinquent assessment shall be extended upon the current or the next tax roll as a charge against the real estate premises as provided in Section 66.60(16) Wis. Stat. (c) Change of Ownership. If the ownership of a commercial business with weights and measures devices is transferred during the year, the owner of the business as of June 30th of the current year shall be liable and responsible for the payment of the fees assessed under this section.

SECTION 19.05 DIRECT SELLERS.

License and Permits Amended 12/11

(1) PERMIT REQUIRED. No person, business, or organization shall engage in direct sales or solicit any funds by tag days or in any other manner in the City without having obtained the appropriate permit and paid the appropriate fee as herein provided. A maximum 24 hour waiting period after an application is filed is required before permits are issued to allow notification and investigation time. (2) DEFINITIONS. In this chapter: (a) "Direct Seller" means any individual who, for such person, or for another person, a partnership, association or corporation, sells goods, or takes sales orders for the later delivery of goods, at any location other than the permanent business place or residence of said person, other person, partnership, association or corporation, and includes but is not limited to, peddlers, solicitors and transient merchants. The sale of goods includes donations required by the direct seller for the retention of goods by a donor or prospective customer. (b) "Permanent merchant" means a direct seller who, for at least one year prior to the consideration of the application of this chapter to said merchant, has: 1. Continuously operated an established place of business in this City, or 2. Has continuously resided in this City and now does business from such person's residence. (c) "Goods" includes personal property of any kind, and includes goods provided incidental to services offered or sold. (d) "Charitable organization" include any benevolent, philanthropic, patriotic or eleemosynary person, partnership association or corporation, or one purporting to be such. (e) Solicitor means any person who seeks donations. (3) EXEMPTIONS. The following shall be exempt from all provisions of this chapter: (a) Any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes; (b) Any person selling goods at wholesale to dealers in such goods; (c) Any person selling agricultural products which such person has grown; (d) Any permanent merchant or employee thereof who takes orders away from the established place of business for goods regularly offered for sale by such merchant within the county and who delivers such goods in their regular course of business; (e) Any person who has an established place of business where the goods being sold are offered for sale on a regular basis, and in which the buyer has initiated contact with, and specifically requested a home visit by, said person; (f) Any person who has had, or one who represents a company which has had, a prior business transaction, such as a prior sale or credit arrangement, with the prospective customer; (g) Any person selling or offering for sale a service unconnected with the sale or offering for sale of goods; (h) Any person holding a sale required by statute or by order of any court and any person conducting a bonafide auction sale pursuant to law; (i) Any person who claims to be a permanent merchant, provided that there is submitted to the City Administrator proof that such person has leased for at least one year, or purchased, the premises from which such person has conducted such business in the City for at least one year prior to the date complaint was made. (4) CHARITABLE ORGANIZATIONS. (a) Any employee, officer or agent of a charitable nonprofit organization who engages in solicitation or direct sales for or on behalf of said organization, shall be exempt from this permit application provided that there is submitted to the City Clerk proof that such charitable organization is registered under Section 440.41, Wisconsin Statutes. Any charitable organization not registered under Section 440.41, Wisconsin Statutes, or which is exempt from the statute's registration requirements, shall be required to apply for a permit under this chapter. (b) Direct sale provisions and solicitations by a charitable organization and their officers, employees or agent shall be subject to the prohibited practice provision as set forth in Section 19.05(6). (c) IDENTIFICATION. Applicants shall present to the City Clerk for examination:

License and Permits Amended 12/11

1. 2.

3.

A driver's license or some other proof of identity as may be reasonably required; A state certificate of examination and approval from the sealer of weights and measures where applicant's business requires use of weighing and measuring devices approved by state authorities; A state health officer's certificate where applicant's business involves the handling of food or clothing and is required to be certified under state law, such certificate to state that applicant is apparently free from any contagious or infectious disease, dated not more than ninety days prior to the date the application for license is made.

(5) INVESTIGATION. (a) Upon receipt of any application for a Direct Sellers/Solicitors Permit, the City Clerk may refer it immediately to the Chief of Police, who may make and complete an investigation of the statements made in such registration. In addition, the application shall be reviewed as set forth Section 19.001 (2). (6) PROHIBITED PRACTICES. (a) A direct seller/solicitor shall be prohibited from: Calling at any dwelling or other place between the hours of nine p.m. and nine a.m. except by appointment; calling at any dwelling or other place where a sign is displayed bearing the words "No Peddlers," "No Solicitors" or words of similar meaning; calling at the rear door of any dwelling place; or remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises. (b) A direct seller/solicitor shall not misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or character of any goods offered for sale, the purpose of the visit, such seller's identity of the identity of the organization represented. A charitable organization direct seller/solicitor shall specifically disclose what portion of the sale price of goods being offered will actually be used for charitable purpose for which the organization is soliciting. Said portion shall be expressed as a percentage of the sale price of the goods. (c) No direct seller/solicitor shall impede the free use of sidewalks and streets by pedestrians and vehicles. Where sales are made from vehicles, all traffic and parking regulations shall be observed. (d) No direct seller/solicitor shall make any loud noises or use any sound-amplifying device to attract customers if the noise produced is capable of being plainly heard outside a one- hundred foot radius of the source. (e) No direct seller/solicitor shall allow rubbish or litter to accumulate in or around the area in which such seller is conducting business. (7) DISCLOSURE REQUIREMENTS. (a) After the initial greeting and before any other statement is made to a prospective customer, a direct seller/solicitor shall expressly disclose such seller's name, the name of the company or organization affiliated with, if any, or the identity of goods or services offered for sale, if any. (b) If any sale of goods is made by a direct seller/solicitor, or any sales order for the later delivery of goods is taken by the seller, the buyer shall have the right to cancel said transaction if it involves the extension of credit or is a cash transaction of more than twenty-five dollars, in accordance with the procedure as set forth in Section 423.203, Wisconsin Statutes or any amendments thereto; the seller shall give the buyer two copies of a typed or printed notice of that fact. Such notice shall conform to the requirements of Sections 423.203 (1) (a) (b) and (c), (2) and (3), Wisconsin Statutes, or any amendments thereto. (c) If the direct seller/solicitor takes a sales order for the later delivery of goods, such seller shall, at the time the order is taken, provide the buyer with a written statement containing the terms of the agreement; the amount paid in advance, whether full, partial or no advance payment is made; the name, address and telephone number of the seller; the delivery or performance date; and whether a guarantee or warranty is provided and, if so, the terms thereof.

SECTION 19.055 RUMMAGE SALES.

License and Permits Amended 12/11

(1) DEFINITION Rummage Sale shall mean and include all general sales open to the public conducted from or on a residential premise for the purpose of disposing of personal property including, but not limited to all sales entitled garage, lawn , yard, attic, porch, room, backyard, patio, flea market, estate sales. (2) NUMBER OF SALES PERMITTED. No person or group of persons may conduct, carry on, operate or run on his/her residential premise, more that six (6) rummage sales in any calendar year. This includes city wide garage sales and events. In addition, each sale may not be held for more than three (3) consecutive days and not be conducted between the hours of 9:00 p.m. and 7:00 a.m. (3) SIGN REGULATIONS. Signs advertising rummage sales shall be subject to the following: (a) No signs shall be placed within the area of any public land or right-of-way. (b) Such signs shall not be located on utility poles, sign posts, traffic control devises, public trees or shrubs. (c) All signs, no matter where placed, must be removed within 24 hours of the close of the sale by the owner of the property where the sale was located. (4) PENALTY. The penalty for violation of this section shall be a penalty as provided in Section 19.19 of this Code. Enforcement shall be carried out by the Edgerton Police Department.

SECTION 19.06 JUNK DEALERS.


(1) LICENSE REQUIRED. No person, firm or corporation shall engage in the business of buying, selling, gathering, delivering or storing of second hand automobiles, old iron, paper, rags or other materials commonly included within the term of "junk" without first having obtained a license therefor and paying the appropriate fee as provided herein. (2) FIREPROOF BUILDINGS. No combustible junk shall be stored in any building unless said building is of fireproof construction. (3) FENCES TO ENCLOSE JUNK YARDS. Unless the Zoning Code for the City of Edgerton imposes stricter requirements, every junk yard shall be enclosed by a substantial enclosure not less than four feet in height nor more than six feet in height, such fence to be approved of by the Building Inspector, and maintained in a proper condition of repair, except when the Building Inspector deems such enclosure unnecessary. Junk shall be piled so as not to rest against or project through the enclosure. Plans for such enclosure shall be submitted before any license is granted.

SECTION 19.07 ROLLER SKATING RINKS.


(1) LICENSE REQUIRED. No person, firm or corporation shall be allowed to open or maintain any skating rink or place for roller skating in any hall or building without first having obtained a license therefor and paying the appropriate fee as provided herein.

SECTION 19.08 THEATERS.


(1) LICENSE REQUIRED. No person or persons, company or corporation shall engage in the business of keeping, conducting or operating any theater or place for theatrical performances, or for the exhibition of motion pictures, without first obtaining a license therefor and paying the appropriate fee as provided herein. This section shall not be construed to apply to the exhibition of motion pictures or theatrical performances in public schools, churches or in fraternal halls in connection with the work of fraternal orders, or to the exhibition of such pictures in connection with educational or scientific lectures wherever given, or to the exhibition of motion pictures for advertising purposes only, without charge.

SECTION 19.09 DOGS AND CATS.


Repealed with Ordinance 97-35, see Chapter 29.

License and Permits Amended 12/11

SECTION 19.10 RABIES CONTROL PROGRAM.


Repealed with Ordinance 97-35, see Chapter 29.

SECTION 19.11 CIGARETTES.


The provisions of Section 134.65 and 134.66 of the Wisconsin Statutes and any amendments thereto are hereby adopted and made a part of this Section and the license fee required by said Section 134.65 (see fee schedule) The rules, regulations, procedures and penalties as prescribed in Section 134.65 and 134.66 of the Wisconsin Statutes or any amendments thereto shall govern in all proceedings and/or prosecutions by the City for violation of this Section.

SECTION 19.12 SOLICITATION OF FUNDS BY ORGANIZATIONS ON STREETS.


See Section 19.05

SECTION 19.13 PRIVATE PROPERTY ON PUBLIC SIDEWALK .


(1) PERMIT REQUIRED. In this section Private Property includes but is not limited to coin operated vending machines, cafe tables and chairs, merchandise for sale (for more than seven days per year). If merchandise is displayed for less than seven days per year a permit is not required. Personal property in this section does not include signage. No person shall display or place private property on public sidewalk unless the owner thereof has first obtained a permit and has paid the appropriate fee as provided herein. (2) REGULATIONS. (a) One (1) coin-operated vending machine shall be allowed per business location on the public sidewalk in the downtown Edgerton business district. (b) Private property shall not be placed in a location that obstructs, hides or blocks a view of traffic warning or control signals, pedestrian cross-walks or handicapped curbside ramps, or that blocks doors or fire escapes. (c) Private property shall have at least forty-eight inches of clear space between it and any obstruction or curb. (d) The private property shall be placed contiguous to a building. (e) The location shall not block the flow of pedestrian traffic on the sidewalk. (f) Said private property shall not contain glass. (g) Private property shall be secured to prevent it from blowing away or otherwise moving to obstruct the sidewalk or street. (h) Alcohol is not permitted on a public sidewalk or street without compliance with a liquor license.

SECTION 19.14 PRIVATE COMMERCIAL PARKING LOTS.


(1) LICENSE REQUIRED. No person shall operate a private parking lot for hire and no person shall engage in the business of renting private stalls for the parking of automobiles to the general public without first obtaining a license therefor and paying the appropriate fee as provided herein. (2) No person, firm or individual shall leave any car parked or unattended upon any private parking lot or in any private parking stall in the City of Edgerton without first having obtained the permission of the licensed operator of said parking lot or stall.

SECTION 19.15 TRAP SHOOTS.


(1) PERMIT REQUIRED. No person or organization shall operate a trap shoot without first obtaining a permit therefor and paying the appropriate fee as provided herein.

SECTION 19.16 MASSAGE PARLORS.

10

License and Permits Amended 12/11

(1) LICENSE REQUIRED. No person, firm or corporation shall operate a massage parlor or give massages for remuneration without first securing a license therefor and paying the appropriate fee as provided herein. (2) DEFINITIONS. (a) MASSAGE. Any method or treating the external parts of the body consisting of rubbing, stroking, kneading, adjusting or tapping with hand or instrument, electric, magnetic or otherwise. (b) MASSAGE PARLOR. Any business consisting in whole or part of a turkish bath parlor, a steam bath, a magnetic healing institute, or any room, place or institution where treatment of any nature for the human body is given by means of massage and where massage, alcohol rub, fomentation, bath, physiotherapy, manipulation of the body or similar treatment is given. (3) EXEMPTIONS. This ordinance shall not apply to duly licensed physicians, surgeons, chiropractors, osteopaths, nurses, others licensed to practice the healing arts, those employed and working for the YMCA, YWCA, hospitals, or nursing homes, athletic trainers, or barbers. (4) DUTIES OF LICENSEE. Every person licensed hereunder shall: (a) Refrain from massaging or operating a massage parlor if such person contacts a contagious, infectious or communicable disease. (b) Refrain from massaging any other person in a manner intended to arouse, appeal to or gratify lust, passion, sexual desires or prurient interests. (c) Keep a registration book listing the name and complete address of each customer with the day and hour of treatment and name of the practitioner administering the massage. (d) Refrain from massaging any customer in any room containing a one way mirror. (5) INSPECTION. Every massage parlor shall be open at all times for inspection by police or other city officials in the performance of their duties. (6) DISPLAY OF LICENSE. Licenses granted hereunder must be displayed where the customers can observe them on the premises where the massage is being given. (7) CONDITION OF LICENSE. No license hereunder shall be granted to any person convicted of a crime of violence or to any person whose character or physical or mental condition is found to be inimical to public health, safety, morals, or general welfare. Also, no practitioner license hereunder shall be granted unless the applicant has graduated from or completed a massage course from a recognized school of massage.

SECTION 19.17 ALCOHOL BEVERAGE LICENSING AND REGULATION OF ALCOHOL BEVERAGES.


(1) WISCONSIN STATUTES ADOPTED. The provisions of Chapter 125 of the Wisconsin Statutes, effective July 1, 1982, and all amendments thereto are hereby adopted as a portion of Section 19.17 so far as applicable, except as otherwise provided in Section 19.17. Any violation of any provision of Chapter 125 of the Wisconsin Statues is hereby designated to be a violation of Section 19.17. Section 19.17 shall be construed as an enactment of local concern for the purpose of providing a uniform ordinance for the sale, consumption, and possession of alcohol beverages. (2) DEFINITIONS. As used in Section 19.17 or as defined in Section 125.02, Wisconsin Statutes: (a) "Alcohol Beverages" means fermented malt beverages and intoxicating liquor. (b) "Club" means any organization, whether incorporated or not, which is the owner, lessee or occupant of a building or portion thereof used exclusively for club purposes, which operates for a recreational, fraternal, social, patriotic, political, benevolent or athletic purpose but not for pecuniary gain and which only sells alcohol beverages incidental to its operation. (c) "Fermented Malt Beverages" means any beverage made by the alcohol fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated and degerminated grains or sugar containing 0.5% or more of alcohol by volume. (d) "Intoxicating Liquor" means all ardent, spirituous, distilled or vinous liquors, liquids or compounds, including wine, whether medicated, proprietary, patented or not, and by whatever

11

License and Permits Amended 12/11

name called, containing 0.5% or more of alcohol by volume, which are beverages, but does not include "fermented malt beverages". (e) "Legal Drinking Age" means 21 years of age or such other age as may be established by Wisconsin Statutes. (f) Mixed Use Retailer means a business in which alcohol sales account for less than 50% of gross receipts. (g) "Person" means a natural person, sole proprietorship, partnership, corporation or association. (h) "Premises" means the area described in a license or permit. (i) Reserve Class B Liquor Licenses are those licenses available after the quota system existing before December 1, 1997. There is an initial issuance fee of $10,000plus the annual Class B liquor license fee associated with the Reserve license. (j) Restaurant means a business where meals are prepared on-site and which alcohol sales account for less than 50% of gross receipts. (k) "Retailer" means any person who sells, or offers for sale, any alcohol beverages to any person other than a person holding a permit or a license under Section 19.17. (l) "Sell", "Sold", "Sale" or "Selling" means any transfer of alcohol beverages with consideration, or any transfer without consideration, if knowingly made for purposes of evading the law relating to the sale of alcohol beverages or any shift, device, scheme or transportation for obtaining alcohol beverages, including the solicitation of orders for, or the sale for future delivery of, alcohol beverages. (m) "Underage Person" means a person who has not attained the legal drinking age. (n) "Wholesaler" means a person, other than a brewer, manufacturer or rectifier, who sells alcohol beverages to a licensed retailer or to another person who holds a permit or license to sell alcohol beverages at wholesale. (o) "Wine" means products obtained from the normal alcohol fermentation of the juice or must of sound, ripe grapes, other fruits or other agricultural products, imitation wine, compounds sold as wine, vermouth, cider, perry, mead and sake, if such products contain 0.5% or more of alcohol by volume. (3) LICENSE REQUIRED. (a) LICENSE OR PERMIT; WHEN REQUIRED. No person may sell, manufacture, rectify, brew or engage in any other activity for which Section 19.17 provides a license, permit, or other type of authorization without holding the appropriate license, permit or authorization issued under Section 19.17. In addition, all applications for any license under Section 19.17 are subject to a background check and records search, including a Wisconsin State Criminal History Check by the Chief of Police or his/her designee. (Ord. 97-32) (b) LICENSES OR PERMITS ISSUED IN VIOLATION OF CHAPTER. No license or permit may be issued to any person except as provided in Section 19.17 and Chapter 125 of the Wisconsin Statutes. Any license or permit issued in violation of Section 19.17 and/or Chapter 125 of Wisconsin Statutes is void. (4) LICENSES AND FEES. See the end of this chapter for license fees. The classes of licenses shall be as follows: (a) INTOXICATING LIQUOR. 1. "Class A" Retail Liquor License a. A "Class A" Retail Liquor License when issued by the City Clerk under authority of the Common Council shall permit to the holder the retail sale of intoxicating liquor for consumption off the premises where sold and in original packages and containers. "Class A" licenses shall particularly describe the premises for which issued and are not

12

License and Permits Amended 12/11

transferable except as provided in ss. 125.04 (12) Wisconsin Statutes, or by local ordinance in strict conformity therewith. b. Said "Class A" Retail Liquor License shall be limited to one license for each 1,500 population as shown by the last decennial federal census.
c. The City restricts the number of Class B Retail Liquor Licenses issued to establishments in the Fulton Street Historic District that do not qualify as a Mixed Use Retailer to six (6). See Chapter 20 of the Edgerton Code of General Ordinance for a description of the Fulton Street Historic District boundaries. If an applicant meets the definition in this Chapter of Mixed Use Retailer, he/she may appeal for an Exceptional Circumstance License. Exceptional Circumstance Licenses may include but not be limited to proposals that add a new dimension to the Historic District; meet changing market demands; or that offer faire designed to appeal to the area as determined by the Finance Committee and Common Council. The burden is on the alcohol beverage licensee to prove to the municipality that the establishment complies with the definition of a Mixed Use Retailer. Any establishment representing itself as an Mixed Use Retailer will be required to maintain that status throughout the existence of its alcohol beverage license and may be required to provide evidence substantiating such upon the request of the Finance Committee or Common Council.

d.

2. "Class B" Retail Liquor License and Reserve Class B Licenses: a. A "Class B" Retail Liquor License and Reserve Class B Retail Liquor License (both referred to as Class B Retail Liquor Licenses) when issued by the City Clerk under authority of the Common Council shall permit to its holder the retail sale of intoxicating liquor for consumption on the premises where sold by the glass and not in the original package or container. It also authorizes the sale of intoxicating liquor in the original package or container, in multiples not to exceed four liters at any one time, to be consumed off the premises where sold. In addition, Wine may be sold for consumption off the premises in the original package or container in any quantity. No "Class B" Retail Liquor License shall be granted to any person who is not the holder of a Class "B" License for fermented malt beverages granted by the Common Council. "Class B" licenses shall particularly describe the premises for which issued and are not transferable, except as provided in ss. 125.04 (12) Wisconsin Statutes or by local ordinance in strict conformity therewith. b. As of December 1, 1997 the City of Edgertons Class B Retail Liquor License quota was at 10 not including the Reserve Class B Retail Liquor License. No more than one Reserve Class B Retail Liquor license shall be issued for each 500 in population based on the Wisconsin Department of Administrations numbers used for the purpose of revenue sharing distribution. c. The City restricts the number of Class B Retail Liquor Licenses issued to establishments in the Historic District that do not qualify as a restaurant to six (6). See Chapter 20 of the Edgerton Code of General Ordinance for a description of the Historic District boundaries. The burden is on the alcohol beverage licensee to prove to the municipality that the establishment complies with the definition of a restaurant.
d. Class B intoxicating liquor licenses issued with the restaurant condition are required to comply with the following: 1. After the first ninety days of operation following the initial issuance of the license, the licensee shall file with the city clerk an affidavit prepared by a certified public accountant. Such affidavit shall state the percent of gross revenue from the sale of food and non-alcohol beverages and the percent of gross revenue from the sale of fermented malt beverages and intoxicating liquor for such initial ninety day period.

13

License and Permits Amended 12/11

2.

3.

4.

Thereafter, such affidavit prepared by a certified public accountant shall be filed with the renewal application and shall include gross revenues from the sale of food and non-alcohol beverages and the percent of gross revenue from the sale of fermented malt beverages and intoxicating liquor for the entire previous calendar year. The Finance Committee may, at any time it is deemed necessary, request the licensee to file an additional affidavit from a certified public accountant to verity the percentage of gross revenue as required above. Failure to file the required affidavit, failure to maintain the required percent of food sales, or failure to comply with any of the requirements for the Class B intoxicating liquor license for restaurants shall be grounds for nonrenewal, suspension or revocation of the Class B intoxicating liquor license for restaurants.

3. Temporary "Class B" Wine License - A temporary "Class B" wine license may be issued to bonafide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least six (6) months before the date of application and to Posts of Veterans organizations authorizing the sale of wine containing not more than six (6) percent alcohol by volume in an original package, container or bottle or by the glass if the wine is dispensed from an original package, container or bottle at a particular picnic or similar gathering, at a meeting of the Post, or during a fair conducted by the fair association or agricultural society. (b) FERMENTED MALT BEVERAGES. 1. Class "A" Retailer's Beer License - A Class "A" Retailer's Beer License for fermented malt beverages, when issued by the City Administrator under authority of the Common Council shall permit to the holder the retail sales of fermented malt beverages for consumption off the premises where sold and in original packages, containers and bottles. Class "A" licenses shall particularly describe the premises for which issued and are not transferable except as provided in ss. 125.04 (12) Wisconsin Statutes or by local ordinance in strict conformity therewith. 2. Class "B" Retailer's Beer License - A Class "B" Retailer's Beer License for fermented malt beverages, when issued by the appropriate City Administrator under the authority of the Common Council, shall permit to its holder the retail sales of fermented malt beverages to be consumed either on the premises where sold or off the premises. Class "B" licenses shall particularly describe the premises for which issued and are not transferable except as provided in ss. 125.04 (12) Wis. Stat. or by local ordinance in strict conformity therewith. 3. Wholesaler's Beer License - A Wholesaler's beer license for fermented malt beverages when issued by the appropriate City Administrator under the authority of the Common Council shall permit the holder thereof to sell fermented malt beverages or soft drinks only in original packages or containers to retailers or wholesalers, not to be consumed in or about the premises where sold. Wholesaler's Licenses shall particularly describe the premises for which issued and are not transferable, except as provided in ss. 125.04 (12) Wisconsin Statutes or by local ordinance in strict conformity therewith. 4. Temporary Class "B" Beer License - A temporary Class "B" Beer License may be issued to bonafide clubs, to county or local fair associations or agricultural societies, churches, lodges or societies that have been in existence for at least 6 months before the date of application and to Posts of Veterans organizations authorizing the sale of fermented malt beverages at a particular picnic or similar gathering, at a meeting of the Post, or during a fair conducted by the fair association or agricultural society. The license shall be granted under such conditions as may be imposed by the Common Council.

14

License and Permits Amended 12/11

(c) WINE. A Class C Wine License may be issued to any person for the retail sale of wine by the glass or by open original container for consumption on the premises. The licensee or licensed operator must be on the premises at all times. Any holder of a Class C license shall abide by the same closing hours as provided to those holders of Class "B" Licenses. Said Class C License can only be issued to restaurants and only if less than fifty (50) percent of gross receipts of the restaurant are for alcohol sales, and wine is the only intoxicating liquor sold in the bar room. (d) OPERATOR'S LICENSE. 1. When Required; Renewal Fees. No premises operated under a Class "A", Class "B", "Class A", "Class B", or Class C license may be open for business unless there is upon the premises the licensee, the agent named in the license if the licensee is a corporation, or some person who has an operators license and who is responsible for all persons serving any fermented malt beverages, intoxicating liquor or wine to customers. For the purposes of this Subsection, any member of the licensees immediate family who has attained the legal drinking age shall be considered the holder of a operators license. No person, including an underage member of the licensees immediate family, other than the licensee or agent may serve or sell fermented malt beverages, alcohol beverages or wine in any place operating under the licenses listed herein unless he or she has an operators license or is at least eighteen (18) years of age and is under the immediate supervision of the licensee or agent or a person holding an operators license, was on the premises at the time of the service. 2. Application. An operators license may be issued by the City Clerk upon completion of a written application; payment of the proper initial fee or any renewal fee; and receives approval from the Chief of Police or the Chiefs designee. Applications which are not recommended for approval by the Police Department, or which the City Clerk determines merit review by the Common Council, shall be forwarded to the Finance Committee for a recommendation of approval or denial to the Common Council. Applications for operators licenses may be denied only by action of the Common Council. Applications submitted to the Finance Committee shall include a written notice to the applicant stating he or she must appear before the Committee for individual review of the application. The notification to the applicant shall state that failure to appear before the Committee may result in denial of the application. Incomplete applications or those which contain false or misleading information shall be given a negative recommendation unless the Committee finds strong mitigating circumstances. If an applicant receives a negative recommendation because of providing false or misleading information on the application, such applicant must wait six (6) months before submitting another application unless the Common Council overrides the negative recommendation and grants the Operators License to the applicant. 3. Standards for Evaluating Operators License Applications. a. The following standards shall govern the City Clerk and Finance Committee in considering applications for Operators Licenses including regular, provisional and temporary Operators Licenses: (i) All applications for Operators Licenses shall be filed no later than one week before the next meeting of the Finance Committee for consideration at said Committee meeting. All required fees must be paid in full at the time the application is filed with the City Clerks Office. Applications submitted after the deadline shall not be considered unless special circumstances exist to be determined by the chairperson of the Committee. Absent special circumstances,

15

License and Permits Amended 12/11

the application shall be presented for consideration at the next following Committee meeting. (ii) The Chief of Police or his/her designee shall conduct a records search and background check, including a Wisconsin State Criminal History Check, of all applicants and the Finance Committee shall not formulate any recommendation until said background check and records search is completed and the results have been presented to the Committee. (iii) When the records and/or background check reveal that the application is not violative of the standards requiring a personal appearance before the Finance Committee, the Committee may recommend that the Common Council grant the Operators License without requiring that the applicant personally appear before the Committee. (iv) When the application meets one or more of the standards contained in number v (5) below, the applicant shall be notified in writing that he or she has the right to appear in person before the Finance Committee or respond in writing to the Committee when the Committee considers the application. The applicant shall be notified of when the application will be considered by the Committee. Failure to appear in person or to respond in writing will result in a negative recommendation. The Committee shall, after interviewing the applicant or reviewing the written response, make recommendation to the Council to either grant or deny the Operators License. If the recommendation is to deny the application, a written statement of the reason(s) will be forwarded to the Common Council along with said recommendation. (v) Standards which will result in written notification to the applicant of his or her right to appear in person or respond in writing at the next Finance Committee meeting are as follows: a. Any alcohol related conviction or pending charges within the last twelve (12) months. b. A history of alcohol related convictions as long as the most current conviction or arrest is within the last twenty-four (24) months. c. Any drug related convictions or pending charges within the last twelve (12) months. d. Any conviction or pending charges within the last twelve (12) months which involve resisting arrest, battery to a police officer or obstructing justice. e. At least two (2) convictions or pending charges in the last twenty-four (24) months for disorderly behavior type offenses if they occurred in conjunction with activity at a licensed alcohol establishment. f. Any felony conviction within five (5) years. g. Any incomplete, misleading or falsified application when the incomplete, misleading or falsified information provided by the applicant pertains to either the identification of the applicant or to any matter occurring within five (5) years prior to the date of application. h. Any outstanding fines, forfeitures, penalties, assessments and/or user fees owed to the City. 4. Renewal Application. All renewal applications shall be submitted on or before May 1st of the year the license is sought to be renewed. 5. Operator Training. No Operators License shall be issued unless the applicant has successfully completed a Responsible Beverage Server Training Course approved by the

16

License and Permits Amended 12/11

State of Wisconsin Department of Revenue or unless the applicant fulfills one of the following requirements: (a) The person is renewing an Operators License; (b) Within the two (2) years immediately preceding the application the person held a Class A, Class B, Class A or Class B License or permit or Operators License; (c) Within the past two (2) years, the person has completed such a training course. 6. Police Chief Investigation. Prior to consideration and recommendation by the City Clerk and/or Finance Committee, each Operators License application shall be reviewed by the Chief of Police, including a Wisconsin State Criminal History Check, who should then forward his/her findings and recommendation to the City Clerk and/or Finance Committee. Upon receipt of the police chiefs investigation and recommendation, the City Clerk shall issue the license or forward it to the Finance Committee who shall then conduct its review of each Operators License application and shall forward its findings and recommendation to the Common Council for consideration. 7. Terms and Conditions of License. For those applications being considered by the Common Council, the Common Council may grant and direct that the City Clerk to issue an Operators License only upon the affirmative vote of at least four (4) Council members. The Council may attach conditions and limitations to said license. Any license granted by the Council shall be valid for the period commencing upon issuance of said license and expiring on the following June 30th. (e) PROVISIONAL OPERATORS LICENSE. 1. The City Clerk shall issue a Provisional Operator's License to any person who: (a) Has filed a lawful application for a regular Operators License with the City Clerk in the manner required by this chapter and has paid the fee required therefore; and (b) At the time of such regular Operators License application, checks the box on the application form indicating that he or she requests a Provisional Operators License; and (c) At the time of such regular Operators License application, indicates on the application form that he or she has never had a regular or Provisional Operators License denied or revoked by the City; and (d) At the time of such regular Operators License application, pays to the City Clerk the fee required by this Chapter for a Provisional Operators License; and (e) Shall be enrolled in a Responsible Beverage Server Training Course which is completed during the term of the Provisional Operators License unless any of the exceptions under (d)4 above apply; and (f) Has his or her application approved by the Chief of Police or his/her designee. No Provisional Operators License shall be issued by the City Clerk prior to approval of the applicant by the Chief of Police or his or her designee, unless said application is reviewed by the Finance Committee and said Committee grants the license notwithstanding the absence of approval by the Chief of Police or his or her designee. 2. A Provisional Operators License shall not be issued to any person whose regular or Provisional Operators License has ever previously been denied or revoked by the City. A Provisional Operators License shall be immediately void and of no force or effect if issued to any person whose regular or Provisional Operators License has ever previously been denied or revoked by the City. Misuse of such Provisional Operators License by an applicant shall constitute operation without a license and a violation of this Chapter.

17

License and Permits Amended 12/11

3. In addition to all other requirements under this Chapter for the issuance of a Provisional License, the City Clerk shall not issue a Provisional License if the application for Provisional License indicates any of the following: (a) Any alcohol related conviction or pending charges within the last twelve (12) months. (b) A history of alcohol related convictions as long as the most current conviction or arrest is within the last twenty-four (24) months. (c) Any drug related convictions or pending charges within the last twelve (12) months. (d) Any conviction or pending charges within the last twelve (12) months which involve resisting arrest, battery to a police officer or obstructing justice. (e) At least two (2) convictions or pending charges in the last twenty-four (24) months for disorderly behavior type offenses if they occurred in conjunction with activity at a licensed alcohol establishment. (f) Any felony conviction within five (5) years. (g) Any incomplete, misleading or falsified application when the incomplete, misleading or falsified information provided by the applicant pertains to either the identification or the applicant or to any matter occurring within five (5) years prior to the date of application. (h) Any outstanding fines, forfeitures, penalties, assessments and/or user fees owed to the City. 4. If the application indicates any of the above items, (3.a. through 3.h.) then the City Clerk shall refer the application to the Finance Committee for consideration at its next meeting. The Finance Committee shall notify the applicant of his or her right to appear either in person or to respond in writing to the Finance Committee when it considers the application. Failure to appear in person or to respond in writing will result in a negative recommendation. The Committee shall, after consideration of the application, make recommendation to the Council to either grant or deny the Provisional Operators License. 5. A Provisional Operators License is valid for a period not to exceed sixty (60) days from the date of issuance by the City Clerk or until a regular Operators License is issued to the applicant by the City Council, whichever occurs first. 6. A Provisional Operators License is not transferable from person to person. 7. The City Clerk may revoke any Provisional License in the event that the City Clerk finds that the holder of such license made any false, misleading or incomplete statement on his/her application, or that the applicant has previously had his or her regular or provisional license denied or revoked by the City. 8. The City Clerk shall revoke a Provisional Operators License in the event that the applicant fails to successfully complete the responsible alcohol beverage server training course in which he or she is enrolled. (f) TEMPORARY OPERATOR'S LICENSE. 1. The City Clerk and/or Common Council may grant a Temporary Operator's License under the terms and conditions as outlined in 19.17 (4) (d) above, except that: aa. This license may be issued only to operators employed by, or donating their services to, non-profit corporations. bb. No person may hold more than one license of this kind per year. cc. The license is valid for any period from 1 to 14 days, and the period for which it is valid shall be stated on the license.
(5) RETAIL LICENSE APPLICATION.

18

License and Permits Amended 12/11

(a) APPLICATION REQUIRED - Applications to sell alcohol beverages shall be made in writing on the form prescribed by law and shall be executed and sworn to in accordance with Wisconsin Statutes and filed with the City Administrator as provided by ss. 125.04, Wisconsin Statutes. (b) LICENSE FEES FOR FRACTIONAL YEAR. "Class A", "Class B", Class "A", Class "B" and Class C licenses granted under this Chapter may be issued for a fractional part of the license year upon payment of that fractional share of the annual license fee prorated according to the number of months or fraction thereof for which the license is issued. No refund will be paid to holders of existing licenses on cancellation thereof before expiration. (6) LICENSE NOT TRANSFERABLE - No license shall be transferable either as to license or location, except as provided by Wisconsin Statutes, except that the Common Council may authorize a transfer of location if the licensed premises shall become unsuitable for occupancy. (7) POSTING. (a) All licenses and permits issued pursuant to this Chapter shall be enclosed in a frame having a transparent front which allows the license or permit to be clearly read. In addition, all permits and licenses shall be conspicuously displayed for public inspection at all times in the room or place where the activity subject to permit or license is carried on. It shall be unlawful for any person to post such license or permit or allow it to be posted upon premises other than those mentioned in the application or knowingly to deface or destroy such license or permit, or to remove such without the consent of the licensee or permit holder. Whenever a license or permit shall be lost or destroyed without fault on the part of the holder or his agent or employees, a duplicate in lieu thereof under the original application shall be issued by the City Administrator upon payment of the appropriate fee. (b) Any person who holds an Operators license and bartends at more that one establishment may request that the City Administrator issue duplicate copies of the original license so that the original or a duplicate copy shall be kept at each place of employment. (8) CONDITIONS OF LICENSE. All Class "A" and Class "B", Fermented Malt Beverage License, all "Class A" and "Class B" Intoxicating Liquor Licenses and all Class C Wine Licenses granted hereunder shall be granted subject to the following conditions and all other conditions of Section 19.17 and subject to all ordinances, State Statutes and regulations of the City applicable thereto. (a) CONSENT TO INSPECTION BY POLICE - Every applicant procuring a license thereby consents to the entry of police, sanitary inspectors or other duly authorized representatives of the City at all reasonable hours for the purpose of inspection and search, and consents to the removal from said premises of all things and articles there had in violation of City Ordinances or State Laws, and consents to the introduction of such things and articles in evidence in any prosecution that may be brought for such offenses. (b) DISORDERLY CONDUCT PROHIBITED - Licensed premises shall at all times be conducted in an orderly manner, and no disorderly, riotous or indecent conduct shall be allowed at any time on any licensed premises, and no intoxicated person shall be served alcohol beverages. (c) GAMBLING PROHIBITED - Pursuant to Chapter 945 of the Wisconsin Statutes, no bets, gambling, lotteries, gambling places or bookmaking shall be permitted in any form except as permitted by Wisconsin Statutes. In addition, no premises shall be used as a gambling place or shall permit a gambling machine to be set up for the use or gambling in any premise. Any violation of Chapter 945 of the Wisconsin Statutes, including, but not limited to ss.945.041 shall be cause for immediate revocation of any license or permit issued under Section 19.17. (d) IMPROPER EXHIBITIONS 1. It shall be unlawful for any person to perform, or for any licensee or manager or agent of the licensee to permit any employee, entertainer, patron, or other person to engage in any live act, demonstration, dance or exhibition on the licensed premises which: a. Expose his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or b. Expose any device, costume or covering which gives the appearance of or simulates genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or c. Exposes any portion of the female breast at or below the areola thereof; or

19

License and Permits Amended 12/11

2.

d. To engage in or simulate sexual intercourse and/or any sexual contact, including the touching of any portion of the female breast or the male and or female genitals, either above or under clothing. Any person, firm or corporation who violates any of the provisions of this ordinance shall be subject to penalty as prescribed in Section 19.19 of the Municipal Code in addition to liquor license suspension, revocation, and/or nonrenewal as provided by the Municipal Code. A separate offense shall be deemed committed on each day on which a violation occurs or continues. (Ord. 97-25)

(9) TAVERN DANCE HALL LICENSE AND REGULATIONS. (a) LICENSE REQUIRED. No person licensed to sell alcohol beverages at retail by virtue of a license granted pursuant to this Chapter shall offer, suffer or permit in the place for which such license is granted, any dancing, whether public or private, without first having obtained a license therefor and payment of the appropriate fee as provided herein. (b) LICENSE FEE AND PERIOD - The license fee shall be as set forth in Section 19.001 (4). Not withstanding Section 19.001 (5), such annual tavern dance hall license shall expire on each December 31st. (c) CLOSING HOURS - All public and private dancing and instrumental music conducted under authority of said license issued pursuant to this section shall be discontinued at least one hour before closing hour required for said tavern. Juke box dancing may continue until closing. (d) RESTRICTIONS - There shall be no go-go dancing or topless dancing or topless bartenders and no disorderly or immoral conduct shall be permitted on said licensed premises. (e) NOISE IN EXCESS OF 55 DECIBELS AT 25 FEET FROM LICENSED PREMISES PROHIBITED. It shall be unlawful for any licensed tavern dance hall to make, continue or cause to be made or continued, any excessive, unnecessary or unusually loud music or noise which may annoy, disturb, injure or endanger the comfort, repose, health or safety of others within the limits of this City. Noise or music from any dance band, electric phonograph or juke box playing or located on any licensed premises in excess of a sound level of 55 decibels at a distance of 25 feet from any licensed premises as measured by General Radio Sound Level Meter Type 21565B, its equivalent or any similar device for measuring sound is prohibited.

(10) UNDERAGE AND INTOXICATED PERSONS; PRESENCE ON LICENSED PREMISES; SALE; PENALTIES. (a) ALCOHOL BEVERAGES; RESTRICTIONS RELATING TO UNDERAGE PERSONS. 1. Restrictions. aa. No licensee or permittee may procure for, sell, dispense or give away any alcohol beverages to any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age. bb. No licensee or permittee may sell, vend, deal or traffic in alcohol beverages to or with any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age. cc. No licensee or permittee may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on premises owned by the licensee or under the licensee's control. (b) PRESENCE IN PLACES OF SALE. 1. Restrictions. The licensee or permittee shall not allow any underage person, not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age, to enter or be on any premises for which a license or permit for the retail sale of alcohol beverages has been issued. This paragraph shall not apply to:

20

License and Permits Amended 12/11

aa. An underage person who is a resident, employee, lodger or boarder on the premises controlled by the proprietor, licensee or permittee of which the licensed premises consists or is a part. bb. An underage person who enters or is on a "Class A" retail intoxicating liquor premises for the purpose of purchasing edibles or beverages other than alcohol beverages. An underage person so entering the premises may not remain on the premises after the purchase. cc. Hotels, drug stores, grocery stores, bowling alleys, and golf clubhouses. dd. Premises operated under both a Class "B" Fermented Malt Beverage License or "Class B" Retail Liquor License or permit and a restaurant permit where the principal business conducted is that of a restaurant. (c) DEFENSE OF SELLERS. Proof of the following facts by a seller of alcohol beverages to an underage person is a defense to any prosecution for a violation of this section: 1. That the purchaser falsely represented in writing and supported with other documentary proof that he or she had attained the legal drinking age. 2. The appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the legal drinking age. 3. That the sale was made in good faith and in reliance on the written representation and appearance of the purchaser in the belief that the purchaser had attained the legal drinking age. 4. Book Dept by Licenses and Permittee. Every retail alcohol beverage licensee or permittee shall cause a book to be kept for the purposes of this subsection. The licensee or permittee or his or her employee shall require any person who has shown documentary proof that he or she has attained the legal drinking age to sign the book if the person's age is in question. The book shall show the date of the purchase of the alcohol beverages, the identification used in making the purchase, the address of the purchaser and the purchaser's signature. (d) SALES OF ALCOHOL BEVERAGES TO INTOXICATED PERSON. 1. Restrictions. aa. No licensee or permittee may procure for, sell dispense or give away alcohol beverages to a person who is intoxicated. bb. No license or permittee may sell, vend, deal or traffic in alcohol beverages to or with a person who is intoxicated. (e) PENALTIES. Any licensee or permittee violating any provision of this subsection shall be subject to the following forfeiture: 1. Not more than $500.00 if the person has not committed a previous violation within 12 months of the violation; or 2. Not less than $200.00 nor more than $500.00 if the person has committed a previous violation within 12 months of the violation. (11) GENERAL RESTRICTIONS. (a) PUBLIC PLACE. No owner, lessee or person in charge of a public place may permit the consumption of alcohol beverages on the premises of the public place unless the person has an appropriate retail license or permit. This subsection does not apply to municipalities, buildings and parks owned by counties, regularly established athletic fields and stadiums, school buildings, churches, premises in a state fair park or clubs. (b) PLACE-TO-PLACE DELIVERIES. No person may peddle any alcohol beverage from house to house where the sale and delivery are made concurrently. (c) POSSESSION OF ALCOHOL BEVERAGES ON SCHOOL GROUNDS PROHIBITED. 1. In this subsection: aa. "Motor vehicle" means a motor vehicle owned, rented or consigned to a school. bb. "School" means a public, parochial or private school which provides educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school or high school. cc. "School administrator" means the person designated by the governing body of a school as ultimately responsible for the ordinary operators of a school.

21

License and Permits Amended 12/11

dd. "School premises" means premised owned, rented or under the control of a school. Except as provided by par. 3. no person may possess or consume alcohol beverages: aa. On school premises; bb. In a motor vehicle, if a pupil attending the school is in the motor vehicle; or cc. While participating in a school-sponsored activity. 3. Alcohol beverages may be possessed or consumed on school premises, in motor vehicles or by participants in school-sponsored activities if specifically permitted in writing by the school administrator consistent with applicable laws, ordinances and school board policies. 3. A person who violates this subsection is subject to a forfeiture of not more than $200, except that ss. 48.344 and 125.07(4)(c) and (d), Wisconsin Statutes, provide the penalties applicable to underage persons. 2. (12) CLOSING HOURS AND SUNDAY SALES. (a) Premises for which a "Class A" Retail Liquor License have been issued may sell alcohol beverages during the following hours only: Monday through Sunday, from 6:00 8:00 a.m. to 9:00 p.m. Premises for which a Class "A" Retail Beer License have been issued may sell fermented malt beverages only during the following hours: Monday through Sunday, from 6:00 8:00 a.m. to 12:00 a.m. (Midnight). (b) All premises for which a "Class B" Retail Liquor License or a Class "B" Retailer's Beer License or a Class C Wine License have been issued shall remain closed between the hours of 2:00 a.m. to 6:00 a.m., except on Saturday and Sunday when closing hours shall be between 2:30 a.m. to 6:00 a.m. On January 1 premises operating under a "Class B" license are not required to close. (c) Closing Hours or Closing is defined as everyone being out of the licensed premises except for the licensee and his regular employees on duty at closing time and all doors locked. (d) Hotels and Restaurants whose principle business is the furnishing of food, drinks or lodging to patrons, bowling alleys, and golf courses may remain open for the conduct of their regular business but may not sell alcohol beverages during the closing hours under Subsection (b). (e) Between 12:00 midnight and 6:00 a.m. no person may sell intoxicating liquor on "Class B" licensed premises in an original unopened package, container or bottle or for consumption away from the premises. (f) All holders of a Temporary Class "B" Beer License or a Temporary "Class B" Wine License may sell fermented malt beverages or wine only during the hours of 9:00 a.m. to midnight on the days for which said license is granted.

(13) PARTIALLY FILLED CONTAINERS PROHIBITED. (a) It shall be unlawful for any person to have in his or her possession any container partially filled with alcohol beverages except when such person is on premises which are duly licensed for the sale of alcohol beverages; or except when any person, or his or her guests, are within said person's own residence; or upon his or her own residence premises and have obtained the legal drinking age. Residence premises includes those driveways, parking areas or lawn areas used exclusively for the residence and guests of the premises involved, but does not include those driveways, parking areas or lawn areas which are available for use by the general public, are available for use by patrons of any business establishment, or are available for the combined use for both residents of the premises involved and patrons of the premises involved and/or general public. 1. Racetrack Park. Racetrack Park shall be exempted from the provisions of this section so that persons may possess fermented malt beverages or intoxicating liquor provided that said persons have obtained the legal drinking age, the beverage is not in a glass container, and further provided that no person may possess any opened alcohol beverages in Racetrack Park between the hours of 11 p.m. and 9 a.m.

22

License and Permits Amended 12/11

(b) Premises licensed for the sale of alcohol beverages (except premises for which Temporary Class "B" Beer Licenses and Temporary "Class B" Wine Licenses have been issued), are defined as room and rooms on the ground floor of the building which is or are located within the front or street door and the rear door of said license premises and shall exclude any entry way which may be located outside of any front or rear door of said license premises, unless specific areas are otherwise approved by the Common Council upon application by the licensee. (c) The person holding the license for said premises and any employee or employees shall be responsible for enforcing the provisions of this subsection and shall be subject to the penalty provided in Section 19.19 if he or she permits any person to carry out of said licensed premises any partially filled container of alcohol beverages. (14) NO CREDIT. (a) No alcohol beverages shall be sold on credit. (15)POINT VALUES SUSPENSIONS: FOR ALCOHOL BEVERAGE VIOLATIONS, REVOCATIONS AND

(a) Purpose: The purpose of this subsection is to administratively interpret those provisions of this section relating to establishing an alcohol beverage demerit point system to assist in determining if a license holder should be subject to suspension or revocation procedures. (b) Point Schedule: The scale of demerit points is listed according to the type of alcohol beverage license violation. This demerit point system is used to identify habitually troublesome license holders who have repeatedly violated State Statute and this Code for the purpose of recommending suspension or revocation of their alcohol beverage license. Point Value 100 50 50 50 50 50 50 50 100 40 25 25 25 50 40 25 50 25 25 50 50 25 25 25 25

Code Section 19.17(3) 19.17(4) 19.17(4) 19.17(4)d 19.17(5) 19.17(5) 19.17(6) 19.17(7) 19.17(8)a 19.17(8) &/ State Statute 19.17(8)c 19.17(8)(d) 19.17(9) 19.17(10) 19.17(10)a 19.17(10)b 19.17(10)d 19.17(11) 19.17(13) 19.17(12) 19.17(12) 19.17(12) State Statute State Statute State Statute

Type of Violation Failure to be Licensed On-Premises Consumption Class A Wholesalers Restrictions No Licensed Bartender False Statement on Application Outdoor Serving Without Permit Transfer of License Without Permission Failure to Post License Failure to Permit Search of Licensed Premises Disorderly, Riotous, Indecent or Improper House Gambling Improper Exhibitions Noise Disturbing the Public Sale of Alcohol to Underage Person Possession of Alcohol by Underage Person Underage Person on Premises Sale of Alcohol to Intoxicated Person Sale or Dispensing Off Premises Leaving with Open Container Open After Hours After Hours Consumption Class B Carryout After Hours Unsanitary Licensed Premises Corporation and Agent Responsibility Violations Unlawful Quantities in Containers

23

License and Permits Amended 12/11

Any other Violation of the City Ordinances or State Statute

25 - 100

(c) Calculating Violations: A 12-month rolling period shall be used in determining the accumulated demerit points against a license holder. The City shall use the date each violation was committed as the basis for the determination. (d) Suspension or revocation of license. 1. A licensee is automatically assessed demerit points in accordance with the schedule in this section upon a conviction or adjudication of a violation. The Common Council shall call before it for purposes of a revocation or suspension hearing all licensees who have accumulated 100 points in a 12-month rolling period as a result of court imposed convictions or adjudications or other violations of this Chapter. Demerit points that are assessed or any suspension or revocation imposed against one license shall not affect the continued use of any other license held by the licensee. The Common Council may also initiate a revocation or suspension hearing of a licensee who is subject to a pending criminal charge, or who has been convicted of any felony, misdemeanor or other offense that the circumstances of which substantially relate to the licensed activity regardless of whether such charge or conviction is included in the demerit point schedule. 2. If the demerit point accumulation calculated from the date of violation meets or exceeds 100 points in a 12-month rolling period the suspension shall be for not less than three days nor more than 90 days. If the license or permit is revoked, no other license or permit shall be granted to such licensee or for such premises for a period of 12 months from the date of revocation. The procedure to be used for suspension or revocation shall be that found in State Statute 125.12.

SECTION 19.18 PUBLIC EVENTS PERMIT.


The organizers of those events which require the use of City services (i.e., police, public works, etc.) which are in addition to services normally provided by the City shall receive a Public Events Permit from the City Council. The applicant shall submit a completed Public Events Packet to the City Administrator in accordance with the procedure established in the Public Events Packet. If an event requires an insignificant amount of additional City services, the City Administrator may determine that the public events packet is not required. (Ord. 97-6)

SECTION 19.19 PENALTIES.


(1) Any person violating any of the provisions of Sections 19.001 through 19.19 or other parts of this Chapter shall forfeit not less than Twenty-Five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00), together with the costs of prosecution, and corresponding penalty assessments and court costs, other appropriate costs as established by Statute or Ordinance, unless a different penalty is specifically outlined in a particular subsection, and in default of payment of such forfeiture and costs, may be imprisoned in the Rock County Jail until such forfeiture and costs have been paid, not to exceed 30 days, and may have their license to operate a motor vehicle in the State of Wisconsin suspended for a period of time up to Five (5) years or until such forfeiture is paid. (2) In addition to the penalties outlined above, violation of any of the provisions under any license or permit granted, under this Chapter or violation of any conditions imposed upon said license or permit issued under this Chapter shall give to the Common Council the authority to suspend, revoke, refuse to issue or refuse to renew any license or permit issued under this Chapter. Proceedings to suspend, revoke, refuse to issue or refuse to renew any license or permit shall be as set forth in Section 19.001 (7) of this Ordinance. Except that those licenses or permits granted under Section 19.17 shall be subject to procedures outlined in ss. 125.12 Wis. Stats. or any amendments thereto. (3) Any violation of any license or permit granted under this Chapter by a duly authorized agent or employee of the license or permit holder shall constitute a violation by the licensee or permit holder.

SECTION 19.20 INVALIDITY OF ANY PART OF ORDINANCE.

24

License and Permits Amended 12/11

If any part of this Chapter 19 of the Code of Ordinances is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction such decision shall not affect the validity of any other section, subsection, sentence or phrase or portion thereof.

25

Building Regulations Amended 04/12

CITY OF EDGERTON MUNICIPAL CODE CHAPTER 20 BUILDING REGULATIONS


SECTION 20.01 APPLICATION OF PROVISIONS.
(1) TITLE. This ordinance shall be known as the one-and two-family dwelling code of the City of Edgerton. (2) PURPOSE. The purpose and intent of this ordinance is to: (a) Exercise jurisdiction over the construction and inspection of new one- and two-family dwellings and additions to existing one- and two-family dwellings; (b) Provide plan review and on-site inspections of one-and two-family dwellings by inspectors certified by the Department of Industry, Labor and Human Relations; (c) Establish and collect fees to defray administrative and enforcement costs; (d) Establish remedies and penalties for violations; and (e) Establish use of the Wisconsin uniform building permit as prescribed by the Department of Industry, Labor and Human Relations.

SECTION 20.02 STATE UNIFORM DWELLING CODE ADOPTED.


The administrative code provisions describing and defining regulations with respect to one- and twofamily dwellings in Chapters Ind 20-25 of the Wisconsin Administrative Code, whose effective dates are generally June 1, 1980, are hereby adopted and by reference made a part of this ordinance as if fully set forth herein. Any act required to be performed or prohibited by an administrative code provision incorporated herein by reference is required or prohibited by this ordinance. Any future amendments, revisions or modifications of the administrative code provisions incorporated herein are intended to be made part of this ordinance to secure uniform statewide regulation of one- and two-family dwellings in this city of the State of Wisconsin. A copy of these administrative code provisions and any future amendments shall be kept on file in the City Administrator's office.

SECTION 20.03 DEFINITIONS.


(1) ADDITION. "Addition" means new construction performed on a dwelling which increases the outside dimensions of the dwelling. (2) ALTERATION. "Alteration" means a substantial change or modification other than an addition or minor repair to a dwelling or to systems involved within a dwelling. (3) DEPARTMENT. "Department" means the Department of Industry, Labor and Human Relations. (4) DWELLING. "Dwelling" means: (a) Any building, the initial construction of which is commenced on or after the effective date of this ordinance, which contains one or two dwelling units, or (b) An existing structure, or that part of an existing structure, which is used or intended to be used for a one- or two-family dwelling. (5) MINOR REPAIR. "Minor repair" means repair performed for maintenance or replacement purposes on any existing one-or two-family dwelling which does not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection, or exterior aesthetic appearance, and which does not increase a given occupan