54.00 DEFINITIONS
“Highway”
means all, town roads, county roads, highways and bridges located within the
Town of
“Obstruction” means all materials placed within a right-of-way that may impede the flow of drainage water, obstruct visibility of roadway users, increase the risk of injury to a roadway user who collides with the materials, or interfere with road maintenance operations, including the ability of employees or agents to access or occupy any portion of the right-of-way. As illustrations, obstructions include stones or rocks, railroad ties, landscape timbers and other decorative landscaping fences; garbage, rubbish, refuse or other discarded materials; all agricultural crops regardless of height; trees, shrubs, bushes and other decorative plantings that extend above the natural or established grade by more than six (6) inches; and delineator posts including metal stakes, wood stakes or snow fence posts except those approved and/or installed by the Town Board and available for purchase at the Maintenance Site. Approved markers can be installed at the edge of the driveway only and are not intended to be placed on the edge of the road to aid snowplows or to keep vehicles from parking on the right-of-way.
“Right-of-way” means the full extent of lands acquired for road purposes, whether by deed, easement, statute, patent, court order, or prescriptive use.
54.01 CULTIVATION AND LANDSCAPING
1) No person may cultivate, plant, harvest, or maintain agricultural crops, trees, or shrubs within a right-of-way.
2) No person may cultivate, plant, or maintain grasses, flowers, or other vegetable plants in any manner that obstructs visibility of the road.
54.02 ALTERATION OF GRADE
No person may alter or change the depth or contour of any portion of any ditch or embankment in a right-of-way without written approval of the Town Board.
54.03 MAILBOXES, SIGNS AND NEWSPAPER BOXES
1) No sign of any nature may be placed or allowed to remain in any right-of-way except an official traffic sign placed by a government authority and except other signage permitted by the Wisconsin Administrative Code.
2) Mailboxes and newspaper boxes are permitted within a right-of-way if the installation complies with all requirements of the U.S. Postal Service and guidelines of the Wisconsin Department of Transportation.
54.04 OTHER OBSTRUCTIONS
No person may place, maintain or allow any obstruction in a right-of-way other than those specifically permitted by this Ordinance by other laws, or by written approval of the Town Board.
54.05 PRIVATE CULVERTS
Any
adjoining landowner or tenant may install a culvert in a right-of-way if a culvert
permit has been obtained from the Town of
54.06 ENFORCEMENT AND PENALTIES
1) Correction Order. Upon being informed of a violation of this Ordinance, the Town Board or their designee shall notify the adjoining landowner or tenant, or any violator of the violation in writing and shall order removal and correction of the violation within thirty (30) days. If the Town Board determines that the degree of hazard constitutes an emergency risk to public safety, the Town Board or their designee may immediately correct the violation after diligent attempts (personal visit and/or phone contact) to notify the adjoining owner or tenant.
2) Failure to Comply. If compliance with the correction order is not made by the deadline set, the violator shall be subject to a forfeiture of not less than Ten Dollars ($10.00) and not more than Five Hundred Dollars ($500.00) per day of violation retroactive to the date the violator received the correction order. In addition, the Town Board may then make the necessary arrangements for removal and correction of the violation. All expenses of correction, including reasonable attorney's fees, shall be billed to the violator, including costs incurred in emergencies when no correction order has been issued.
The herein Ordinance shall
take effect upon enactment and publication
Enacted this 17th day of June, 2002.
Town of Wilson by Kenneth F. Sonntag, Chairman
This is to certify that
the foregoing Ordinance was duly enacted by the Town Board of the Town of Wilson
on the 17th day of June, 2002. Catherine Conrad, Clerk
Published in the Sheboygan Press, June 24, 2002.