RESOLUTION

IT 1s HEREBY RESOLVED that the cost of building permits, as of 7-1-'2002, , shall be as follows:

1.

New homes and garages:

$100.00

$100.00

$50.00

$50.00

$50.00

$50.00

$50.00

$50.00

IT IS FURTHER RESOLVED that the cost of burial sites, effective 7-1-2002, shall be as follows:

2.

Any construction increasing the original value of the structure by 25% or more:

3.

Decks:

4.

Porches:

5.

Storage Sheds:

6.

Lean-to Sheds:

7.

Com Bins:

8.

Barns:

1.

Residents:

2.

Non-Residents:

$200.00

$250.00

TOWN OF FOUNTAIN LAND USE ORDINANCE ORDINANCE NO. l03A

The Town Board of the Town of Fountain, Juneau County, Wisconsin, do ordain as follows for the purpose of:

citizens;

municipality;

and maintain access for emergency vehicles;

within the municipality;

administrative~ building application for new one and two family dwellings, and . other applicable federal, state and county laws;

Section 1. Building Permits.

1.01 A Building Permit is required in the Town of Fountain for all structures, buildings, dwellings, mobile homes including, but not limited to, decks, gazebos, porches or patios, in-ground swimming pools and/or additions thereto, farm waste facilities and/or farm . structures whether constructed on-site, prefabricated. and erected or moved from another location.

A structure is anything erected, the use of which requires a permanent location on the ground, e.g., buildings, stairways, signs, billboards or other advertising medium, detached or projecting decks, porches or roofing, storage sheds and at) accessory buildings, even if movable, shall be construed to be a structure.

-

1.02 With the exception of 1.03 below, no structure shall be erected on any parcel

or lot less than 3 acres in size, exclusive of any public roadway or right of way, and no permit shall be issued for the erection or placement of more than one single family dwelling on any 3 acre parcel or lot. No land dedicated to the public or reserved for roadway purpose shall be included in the computation of lot size.

Pre-existing, non-conforming parcels, meaning parcels less than 3 acres in size which were of record at the Register of Deeds office prior to May 23, 1995 are eligible to apply for a Building Permit for a structure to be erected on that pre-existing parcel providing, however, that it comp lies with all the other limitations set forth in this Ordinance specifically including the setback provisions of 1.05 and 1.06.

1.03 Business, farm, commercial, industrial or recreational buildings shall not be erected unless the prior approval of the Town Board is obtained which specifically designates the size of the area upon which such proposed business, farm, commercial, industrial or recreational structure may be erected. A state building plan approval also must be submitted for any commercial building (except factory, office, mercantile or storage garage occupancies of less than 25,000 cubic feet) or for any residential building of three or more living units. In addition, the Town of Fountain Board, in determining the size of the area proposed for the erection of a structure, shall not be bound by the limitations set forth in section 1.02 above, and shall have wide discretion in determining the size and area necessary to properly provide for the conduct of the proposed use, including loading, unloading, parking and other facilities which shall be required for the proper use of the structure as a business, commercial, industrial or recreational structure.

1.04 Applications for building permits for the erection and location of condominiums, apartments, or other multi-family units, shall contain the information set forth in section 1.10. The Town Board may grant the application for any area which, in the opinion of the Board, provides a reasonable area for the use of the structure as a condominium, apartment, or multi-family unit including consideration of necessary services to be provided to the occupants, such as parking areas, access, traffic congestion, and other factors related to the health, safety, and general welfare of the area. In no event shall the area for the erection or placement of any such condominium, apartment, or multi-family unit be less than 3 acres in size.

1.05 No permit shall be issued for the erection or placement of any structure closer than 75 feet from the center of a public road, nor closer than 50 feet to the boundary of any adjoining properties.

1.06 No permit shall be issued until the applicant has obtained a sanitary permit for the installation of a septic or sewerage disposal system. The entire system, including tanks and drain fields, shall be located more than 10 feet from the boundary of any adjoining lot.

1.07 No permit shall be issued in the Town of Fountain if such structure, in the opinion of the Town Board, will detract from the value of the surrounding properties, or will detract from the general appearance of the area, or for any reason is not suitable for the area in which it is sought to be erected or placed. The Town Board may conduct or authorize any

investigation deemed reasonable and proper under this ordinance for the purpose of promoting the objectives of said ordinance.

1.08 No permit for the erection of or placement of a dwelling or residence on any premises shall be granted unless the building shall be of a size not less than 720 square feet of living space. Garages and unfinished basements shall not be included in the 720 square foot minimum.

1.09 No permit shall be issued under this Ordinance if, in the judgment of the Town Board, the proposed location of the building or structure will increase the fire or safety hazard of the area or in any manner would be detrimental to the general area in which it is proposed to be located.

1.10 Town of Fountain Building Permit.

Application for building permits shall be made to the T own Clerk on forms furnished by the Town and shall include the following information:

site, and the name of the builder, contractor, architect, or engineer who will be responsible for constructing the structure on the site.

of the lot or parcel involved, the exact location of the proposed building or structure on the lot, and the existing and proposed use to be made of the structure upon completion.

mobile home, pre-built home, addition, new bathroom, deck or porch.)

pre-existing on adjacent lands and information with respect to the present use

location of driveway(s).

disposal system.

provided.

installation of the sewerage system.

(10) Such additional information as the Town Board may require to carry out the intent of this Ordinance from time to time.

(11) Authorization for the Town Board to make regular inspections upon the property to verify compliance with this Ordinance.

1.11 Wisconsin Administrative Building Permit.

No person shall build, cause to be built or move onto lands in the Town of Fountain, anyone or two family dwelling without securing a Building Permit as described in Section 1.10 above from the Town Clerk, as well as any other permits required by Town or County Ordinance or State law.

1.12 The application( s) for the building permit( s) when filed, shall be accompanied by the payment of a fee(s) to be determined by resolution. If the application of the building permit is received after commencement of the construction, each applicable fee will double. State building permits or fees for building code inspections as may be mandated by the State, County or Town are separate, additional charges.

1.13 An application for a Building Permit shall be submitted to the Town Clerk along with the appropriate fee established by the Town Board, from time to time, by resolution. The Town Board shall then determine and set the procedure as to whether or not such permits are approved by the Town Clerk or his or her designee, or whether or not approval of the Building Permit requires a review by the Town Board.

1.14 A permit shall expire six months from the date of issuance unless extended by the Town Board in which case substantial work shall have been completed.

1.15 Any permit issued as a result of any false or misleading statement made in the application for the permit; or any permit issued in violation of any provision of this Ordinance shall be void.

Section 2. Subdivisions.

2.01 Any division of land shall not result in the creation of a parcel or lot of less than 3 acres, exclusive of road right-of-way, with a minimum width of not less than 50 feet of frontage on each, with such minimum width fronting on a public street or highway.

2.02 All final plats submitted for approval shall contain a restriction on the sale of lots platted which provides that no more than one home site may be erected or permitted on each lot.

2.03 all streets and highways in such plats shall be of a comparable width to other streets and highways in the general area, but ill no event less than 66 feet wide with a 24 foot wide travel base. All such roadways shall be constructed at the expense of the applicant of the plat according to the specifications and standards required by the Town Board and in accordance with generally accepted construction standards in effect at the time of application. In the event that it is deemed necessary to install culverts for said road or roads, the applicant shall install all such culverts where needed, and provide easements as may be required for the proper drainage of waters. The Town Board may inquire a bond guaranteeing the construction of such streets and highways by the applicant as required in such amount as the Town Board shall deem reasonable and necessary.

2.04 Prior to the sale of any lot within a subdivision, the owner or developer of the subdivision shall furnish to the Town Board a scale map of the subdivision, clearly showing each proposed roadway and lot, prepared by a surveyor or registered professional engineer, and containing the legal description of the proposed roadways and lots.

2.05_ Business, commercial, industrial and recreational buildings shall not be erected on any platted lots unless the prior approval of the Town Board is obtained and which permit shall specifically designate the size of the area upon which such proposed business, commercial, industrial or recreational structure may be erected. The Town Board, in determining the size of the area proposed for the erection of such structure, shall not be bound by the limitations set forth in section 2.01 above, and shall have wide discretion in determining the size and area necessary to properly provide for the conduct of the business, commercial, or industrial use, including loading, unloading, parking and other facilities which shall be required for the proper use of the _ structure as a business, commercial, industrial or recreational structure.-

2.06 Applications for building permits for the erection and location of condominiums, apartments, or other multi-family units, in a subdivision shall contain the information set forth in section 1.10. The Town Board may grant the application for any area which, in the opinion of the Board, provides a reasonable area for the use of the structure as

a condominium, apartment, or multi- family unit including consideration of necessary services to be provided to the occupants, such as parking areas, access, traffic congestion, and other factors related to the health, safety, and general welfare of the area. In no event shall the area for the erection or placement of any such condominium, apartment, or multi-family unit be less than 3 acres in size.

2.07 The provisions of this section shall be subject to and in addition to any State, Federal or County laws or regulations which apply to platting lands. No final plat of lands in the Town of Fountain shall be approved by the Town Board unless it complies with the applicable requirements of Chapter 236, Wisconsin Statutes, as amended from time to time.

Section 3. Mobile Homes

3.01 A "mobile home" is defined as manufactured home that is HUD certified and labeled under the National Mobile Home Constructions and Safety Standards Act of 1974. A mobile home is a transportable structure, being eight (8) feet or more in width, (not including the overhang of the roof), built on a chassis and designed to be used as a dwelling with or without permanent foundation when connected to utilities. No mobile home that was manufactured before 1974 shall be placed individually or in a mobile home park in the Town of Fountain.

No dwelling more than 10 years old may be moved into the Town of Fountain without, as a part of the building permit process, the Board finding that granting such a permit is necessary to avoid practical difficulty or unnecessary hardship and further finding that moving this dwelling into the Town will not lessen the aesthetics or property value of adjoining landowners.

3.02 In addition to the requirements of this section, no mobile home shall be erected, placed upon, or converted upon any lands within the Town of Fountain without a permit being obtained in the manner set forth in this Ordinance for dwellings and other structures.

3.03 A permit issued for the placement of a trailer or mobile home, other than those situated in a lawfully established trailer or mobile home park, shall require the applicant to remove the wheels from said structure and permanently affix said mobile home to the real estate so as to be an integral part thereof as follows:

feet apart and installed to a depth of at least 4 feet below ground level. Either round or 8 x 16 inch support piers shall be placed upon footings and the mobile home shall be attached thereto at four comers of such mobile home.

(2) . In lieu of the above described footings, a concrete slab 4 inches thick, the width and length of the mobile home may be used provided anchors are provided at the four

comers.

mobile home is moved onto the property.

3.04 All mobile homes in the Town of Fountain shall have mobile home skirting attached around the bottom exterior.

3.05 No mobile home will be permitted in the Town of Fountain that is not either in a duly licensed mobile home park or that does not meet anchoring and support requirements outlined above.

3.06 A mobile home that is used for other than dwelling purposes also shall comply with the requirements of this ordinance.

3.07 The establishment or enlargement or any mobile home park shall meet the requirements of Town of Fountain Ordinance No. 102: AN ORDINANCE REGULATING THE PARKING AND LOCATION OF MOBILE HOMES, LICENSING AND REGULATING MOBILE HOME PARKS AND PROVIDING FOR THE TAXATION OF MOBILE HOMES and subsequent amendments thereof, the terms of which are incorporated here in their entirety.

3.08 The provisions of this section shall be subject to and in addition to any State, Federal or County laws .or regulations which apply to house trailers, mobile homes or mobile home parks.

Section 4. Roadways Driveways.

4.01 The establishment and installation of all proposed public roads and driveways from all public roads into private property shall be controlled by the Town Board. No public or private roads or driveways shall be installed, altered, or changed without :first  obtaining a permit authorizing the same. Changes include, but are not limited to, re-surfacing, widening and changing grades. Normal maintenance procedures do not require a permit under this ordinance.

4.02 Such permit shall designate the location and width of such roadway or driveway, the proposed construction materials, the proposed amount and type of traffic use and the contractor's name.

4.03 There shall be no charge for a permit required under this section.

4.04 All driveways shall be constructed of suitable of material for the amount and kind of traffic. The portions of any driveway within the public right-of-way shall be constructed of materials comparable to those of the public road, and shall be constructed in such manner that no damage be done to the public road. All driveways shall be graded so that it will not be necessary to change the established grade of the public road. No driveway shall obstruct or interfere with the proper drainage of surface waters, and all culverts shall be of suitable size, material and condition for such purpose.

4.05 The cost of any such roadway or driveway shall be paid by the applicant.

4.06 If, upon inspection, the Board determines that a driveway has not been constructed in substantial compliance with a permit, the Town may perform or order corrections so as to achieve compliance and charge the costs of correction to the landowner, the person who did the work, or both.

4.07 No permit shall be issued if the public safety, flow of traffic or condition of town roads would be endangered or impaired by the project in question.

Section 5. Junkyards/Disposal Sites

5.01 It shall be unlawful to establish or maintain any junkyard or disposal site in the Town of Fountain without the permission of the Town Board of the Town of Fountain under such rules, regulations and restrictions as the Town Board may require.

5.02 All accumulations of junk, salvage material, unsightly wood, plastic, or metal accumulations, or other conditions which in the opinion of the Town Board, constitute unsightly appearances, shall be removed by the landowner upon notice by the Town Board. Any such notice shall be in writing by certified mail and shall advise the landowner of the condition to be corrected and shall permit the landowner no less than 60 days to remove the same. In the event that the landowner fails to correct such condition within t4e time permitted, the Town Board may, in addition to any other remedies available at law or in equity, take appropriate action for correction or removal of the condition and the owner of the premises shall be liable to the Town for all expenses incurred in connection with such action including actual attorney's fees.

5.03 For purposes of this section, farm machinery and automobile collector storage areas which are maintained in such a manner so as not to constitute a health or safety hazard, or adversely affect the appearance of the area, shall not be determined junk or salvage material. Such area(s), however, shall be screened from ordinary public view if the Town Board determines they adversely affect the appearance of the area in which they are located.

Section 6. Nuisances.

6.01 It shall be unlawful to maintain any "nuisance", as that term is defined by the statutory and case law of the State of Wisconsin, Juneau County, or Town of Fountain, and the Town Board may take appropriate action for the abatement or removal of any such nuisance. In the event that such action is taken by the Town, the owner of such lands upon which the nuisance exists shall be liable to the Town of Fountain for all expenses incurred in such action, including actual attorney's fees.

6.02 A violation of any provision of this ordinance shall constitute a nuisance.

Section 7. Campers and Recreational Vehicles.

7.01 No camper or recreational vehicle shall be occupied as a dwelling unless it is occupied by the owner or the owner's immediate family unless it is parked in a campground as defined in sec. 707.02, Wisconsin Statutes.

7.02 No camper or recreational vehicle shall be occupied as a dwelling for more than 30 days annually unless it is parked in a campground as defined in sec. 707.02, Wisconsin Statutes.

7.03 No camper or recreational vehicle shall be parked in the Town of Fountain for more than 30 days annually by other than the owner of the land where it is parked unless it is parked in a campground as defined in sec. 707.02, Wis. Stats.

Section 8. Variances.

8.01 Any application which does not conform to the specific requirements of this Ordinance may, upon request of the applicant, be scheduled for a hearing for the purpose of determining whether a variance on the building restrictions as established by this Ordinance shall be granted. Such hearing shall be held by the Town Board within thirty (30) days of the request for hearing.

8.02 Notice shall be given by certified mail to all landowners within 1000 feet of

the proposed site. The Board may provide notice to any other persons deemed to be interested parties.

8.03 At the conclusion of the hearing, the Town Board shall, based upon the evidence presented, determine whether the variance requested, or any other variance, should be granted. If granted, the Board shall specify the conditions upon which such variance is granted.

The Board must determine that the variance will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the ordinance will result in practical difficulty or unnecessary hardship, so the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done.

Section 9. Penalties

9.01 Any person, firm, or corporation who violates, disobeys, neglects, omits, or refuses to comply with the terms of this Ordinance, shall, upon conviction, forfeit not more than $500.00 for each offense, together with the costs of prosecution. Each day that a violation continues to exist shall constitute a separate offense.

9.02 In addition to any other penalties set forth in this ordinance, any structure or building erected, placed upon, moved upon, located or relocated, or enlarged without a permit as required by the provisions of this Ordinance, or not otherwise in conformity with the provisions of this Ordinance, shall be deemed an unlawful structure and shall be promptly removed from the site upon notice from the Town Board. Any such notice shall be in writing by certified mail and shall advise the landowner of the time period for said removal. In the event that the landowner fails to remove the offending structure, the Town Board may remove or cause said structure to be removed.

9.03 The Town Board may bring action to enjoin the erection, placing, moving, or structural alteration of such building, or the establishment or the use thereof of such building or premises, and may cause such building, structure, and use to be enjoined, vacated and removed from the premises.

9.04 The owner of the premises shall be liable to the Town of Fountain for all expenses the Town incurs in connection with any action brought under this Ordinance, including actual attorney's fees.

Section 10. Compensation.

10.1 The Town Board shall fix the compensation to be paid to the representative of

the Town of Fountain who shall be responsible for such inspection as the Board may, from time to time, require under the terms of this Ordinance.

Section 11 .. Severability.

11.01 Any action declaring any section, clause, or provision of this Ordinance to be invalid shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed.

Section 12. Prior Ordinances

12.01 It is intended by this Ordinance to repeal and replace Town of Fountain Ordinance No. 103, "LAND DIVISION AND BUILDING ORDINANCE", TOWN OF FOUNTAIN LAND USE ORDINANCE NO.1 03, adopted May 23, 1995 and Ordinance No. 98-103 "LAND USE ORDINANCE," adopted February 9, 199K

Section 13. Effective Date

13.01 This Ordinance shall become effective and shall be in full force and effect from and after its passage and publication in the manner provided by law.

This document includes all amendments to Ordinance 103, including the Amendment 98-103A introduced and adopted by the Town Board of the Town of Fountain on June 22, 2004.

TOWN OF FOUNTAIN Ordinance N o. 104

AN ORDINANCE REGULATING THE INSTALLATION OF DRIVEWAYS IN THE TOWN OF FOUNTAIN

The Town Board of the Town of Fountain, Juneau 'County, Wisconsin, do ordain as follows:

Section 1

Section 2

Section 3

Section 4

The purpose of this Ordinance is to establish standards for driveways to provide for safer access for private development onto a public right-of-way and access to residences and improvements for municipal services.

It shall be unlawful to install, create, relocate or add additional driveways/access to a public road in the Town of Fountain without first obtaining a permit. Driveway/access is defined as any area where vehicular traffic occurs from a public road over land (whether by easement or ownership) not considered to be part of the public road for the purpose of gaining access to land or improvements.

An Application for permit to install, create, relocate or add additional driveway/access leading from a public road to private premises shall be filed with the Town Clerk; such application shall set forth the relocation thereof with relation to the boundaries of the property, width of the proposed driveway, type of construction intended, the relative grade of the driveway including its relative grade to the public road, erosion and surface water control procedures, length, whether a culvert will be installed and, if so, the specifications thereof, and such other information as may be reasonably necessary for the Town to properly be informed as to the nature and safety of this access onto the public road. The Town shall also be provided with a copy of any applications required by State or County law.

The Application fee for every proposed driveway/access point is $2~;00-er~as set from time to time by Board Resolution. If the Application is approved by the Town Board, or its designee, the permit shall promptly Issue.

Specifications - Driveways must be located more than 100 feet from any intersecting public roadway or more if necessary to provide clear stopping distance and sight line due to road topography and curvature. Driveways must be located more than 75 feet from any existing driveway/access. Driveways must be at least 6 feet from all lot lines. The minimum road surface width for vehicular travel is 16 feet at the public roadway but may

Section 5

Section 6

Section 7

be tapered to a minimum of 12 feet as the driveway extends away from the public road. There shall be an additional 6 feet of clearance on each side of the driveway for a total minimum cleared width of 24 feet. The minimum allowable height clearance, free of obstruction from trees, wires, etc. shall be 18 feet. For driveways more than 300 feet in length, one segment of road surface must be maintained for safe passage of meeting vehicles.

If the driveway requires a culvert, the specifications and placement of the culvert shall be determined by the Town. The recommended minimum for most cases would be a diameter of 18 inches made of 16 gauge galvanized steel.

At the dead end of all new driveways, a turnaround with at least a 25 foot radius (or some other method for vehicles to turn around) shall be provided as determined by the Town. Illegal culverts will be removed at landowner's expense. The area of the driveway connecting to the public right-of-way must be graded away from the public road at a slope approved by the Town to prevent any soil or water runoff onto the public road.

Driveways in existence at the time of the adoption of this Ordinance shall not be affected. However, driveways must be in compliance with this Ordinance as a part of each new building permit granted. No building permits will be granted unless the driveway is in conformity with this Ordinance.

The Town Board may grant a variance from the standards set forth in this Ordinance if it determines that the\; variance will not be contrary to the public interest where, owing to special conditions, a literal enforcement of this Ordinance will result in practical difficulty or unnecessary hardship.

Any person, landowner, or contractor who shall violate any provisions of this Ordinance including the application process or the installation, construction or location of a driveway/access other than strictly following the Application specifications shall, upon conviction thereof, be subject to a forfeiture of$250.00 together with the costs of the proceedings. Each day a violation continues or occurs shall constitute a separate offense. Upon failure to pay such forfeiture and costs the party shall be confined to the County Jail until such forfeiture and costs are paid and the cause of the violation abated.

All illegal culverts or impediments to the road right-of-way will be removed at the landowner or easement holder's expense. Further, the Town has the discretion to remove any violations at the

Section 8

landowner/easement owner's expense.

This Ordinance shall take precedence over any conflicting provisions in earlier Ordinances. To the extent that State or County regulations are more restrictive than those stated in this Ordinance, they shall apply. To the extent that the restrictions in this Ordinance are more restrictive, this Ordinance shall apply.

TOWN OF FOUNTAIN ORDINANCE NO. 00-01

FIRE PROTECTION ORDINANCE

WHEREAS, section. 60.55, Wisconsin Statutes, authorizes the Town Board to provide for fire protection for the Town of Fountain;

WHEREAS, section. 60.55, Wisconsin Statutes, further authorizes the Town Board to charge property owners a fee for fire protection;

WHEREAS, section. 60.555, Wisconsin Statutes, authorizes the Town Board to adopt regulations to prevent fire and related fire hazards;

NOW, THEREFORE, the Town Board of the Town of Fountain, Juneau County, Wisconsin, does ordain as follows:

Section 1.

Provision of Fire Protection

1.01 The Town Board shall provide for fire protection for the Town of Fountain through one of the methods authorized in section 60.55(1) (a)1.-4., Wisconsin Statutes.

Section 2. Fire Protection Response Fees

2.01 Fee Establishment: The Town of Fountain shall charge a Fire Protection Response Fee to the owners of real property, to the owners of personal property and/or to the persons or entities responsible

for causing a fire or other event, for which emergency services are provided pursuant to 1.01 above within the Town of Fountain. Emergency services include responses to fire calls, carbon monoxide calls, and all other emergency calls and services rendered.

2.02 Property Covered: All real and personal property located with­ in the Town of Fountain shall be subject to the Fire Protection Re­ Response Fee, including property which is exempt from real estate and/ or personal property taxes, including government property, church property and school property.

2.03 Persons Liable: Each owner of real estate and each owner of personal property for which a fire call is made, and each person re­ sponsible for causing or starting a fire for which a fire call re­ sponse is made shall be jointly and severally liable for the Fire Protection Response Fee.'

2.04. Fee Schedule: A schedule of fees shall be established. from time-to-time by separate resolution of the Town Board. If the Town of Fountain provides fire protection by joining with another municipality to establish a. joint fire department pursuant to section 60.55 (1) (a) 2. or by utilizing a fire company organized under Chapter 213, Wisconsin Statutes., the fee established by said entity shall be passed thru to the person(s) liable as defined in 2.03 above.

2.05. Billing: Within sixty (60) days of receiving a bill from the fire department responding to the fire call, the Town Clerk shall prepare and mail a bill to the owner(s) and to the person(s) responsible­ (if known) for causing the fire. The owner(s) and responsible person(s) shall have ninety (90) days from the date of first billing within which to pay said bill.

2.06. Collection:

a. If any bill is not paid within ninety (90) days from the date of first billing, interest shall accrue thereon at the rate of one and one-half percent (1~%) per month.

b. All unpaid fees and accrued interest charged against the owner(s) of real estate shall become a lien against the real estate for which the fire protection was provided, and, shall be placed on the tax roll by the Town of Fountain as a special charge against said real property pursuant to section 66.60(15), Wisconsin Statutes.

c. All unpaid fees and accrued interest charged against the owner(s) of personal property shall be collected in any manner pro­ vided by law if not paid within ninety (90) days from the date of first billing.

d. As an alternative to and in addition to the provisions set forth above, the Town may pursue any remedy available at law or in equity for the collection of unpaid fees.

Section 3. Outdoor Burning

3.01. Permit Required: A burning permit shall be required in the Town of Fountain as follows:

a. A per burn permit is required each time that leaves, brush, grass or other piled debris are burned when the ground is not completely snow-covered.

2.

b. An annual permit is required for burning debris in a barrel or outdoor incinerator when the ground is not completely snow­ covered.

c. A burning permit is not required for camp or cooking fires.

3.02. Time Requirements:

a. Burning is allowed only during those hours stated on the burning permit.

b. No burning is allowed on Sundays or legal holidays unless stated otherwise on the burning permit.

c. Other than the annual burning barrel, all other burning permits shall be obtained three days before the time of the burn. In addition, before the burn is commenced, the permitee shall contact the Juneau County Sheriff at the number shown on permit to inform of the burn.

d. Cancellation: All burning permits are canceled when the Department of Natural Resources issues a red flag forest fire alert for any part of Juneau County.

3.03 Materials Prohibited: The burning of asphalt, rubber, plastic oily substances, wet paper and wet garbage is prohibited.

3.04 Burning Permit:

a. Burning permits shall be obtained from the Town of Fountain Fire Warden or his/her designee.

b. The form of the burning permit shall be as adopted from time to time by resolution of the Town Board of the Town of Fountain.

c. Burning restrictions stated on the burning permit shall have the force of law.

d. There shall be no fee for a burning permit.

Section 4. Penalty:

4.01. Any person who violates, disobeys, omits or refuses to comply with the terms of this ordinance may be fined not more than $500.00 for each offense together with the costs of prosecution. Each time that

3 .

a person burns without the proper permit or burns contrary to permit restrictions shall constitute a separate offense,

Section 5. Liability

5.01. In addition to being responsible for the Fire Protection Response Fee stated in 2.03 above, each person responsible for causing or starting a fire that escapes control becomes liable for all damage caused by said fire.

Section 6. Severability

6.01. Any action declaring any section, clause or provision of this Ordinance to be invalid shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared invalid.

Section 7. Effective Date

7.01 This Ordinance shall become effective and shall be in full force and effect from and after its passage and publication in the manner provided by law.

RESOLUTION-~

PAYMENT FOR FIRE CALLS by

THE TOWN BOARD OF THE TOWN OF FOUNTAIN (Juneau County, Wisconsin)

WHEREAS, pursuant to section 60.55, Wisconsin Statutes, the Town Board of Fountain ("Town Board") in Juneau County, Wisconsin, has entered into an agreement with the New Lisbon Fire Department to pro­ vide fire protection to the Town of Fountain;

WHEREAS, section 60.55, Wisconsin Statutes, further authorizes the Town Board to fund fire protection services by charging property owners for the cost of fire protection provided to their property;

WHEREAS, on July 11, 1995, the Town Board of the Town of Fountain passed a Resolution for the Payment of Fire Calls, a copy of which is attached hereto;

WHEREAS, it is necessary to define the term "property" as used in said resolution;

NOW, THEREFORE, the Town Board of the Town of Fountain does hereby state the following, amending the attached resolution:

"BE IT HEREBY RESOLVED, the Town of Fountain shall pass on the costs of each fire call to the individual property owner to whose property the fire call is made. The term "property" refers to both real property and personal property, including, but not limited to, motor vehicles of any kind. These costs shall be those billed by the New Lisbon Fire Department to the Town of Fountain including number of work hours, number of fire trucks involved and water usage for the specific fire call made to said owner's property.

"BE IT FURTHER RESOLVED, pursuant to section 66.60(16), Wisconsin statutes, all unpaid fire call bills shall be added to the property tax bill of the respective property owner.