Chapter 10.21
PUBLIC RIGHTS-OF-WAY
Sections:
10.21.040 Obstruction of intersections or signs; trees, fences, poles and other structures.
10.21.050 Deposit of waste or rubbish on right-of-way.
10.21.060 Structures and construction in Town right-of-way.
10.21.070 Penalty for violation(s).
10.21.010 Authority.
This chapter is adopted under the statutory authority granted pursuant to Wis. Stat. §§ 60.10(2)(c), 60.22(3), 66.0425 and 86.07. (Ord. 2019-9 § 1(1))
10.21.020 Purpose.
The purpose of this chapter is to promote the health, safety, and general welfare within the Town of East Troy. In Wisconsin, by law, the width of a road is presumed to be 66 feet, unless there is evidence to the contrary. It is a general duty of the Town of East Troy to keep the rights-of-way under its control. Examples of the same include the removal of trees, shrubs, and vegetation in order to provide safety to users of a highway under Wis. Stat. § 66.1037(1), and the specific responsibility for “destruction of noxious weeds on town highways” under Wis. Stat. § 66.0407. (Ord. 2019-9 § 1(2))
10.21.030 Force and effect.
This chapter applies to all lands in the Town of East Troy, Walworth County, Wisconsin. If the provisions of this chapter conflict with county, state or federal regulations, the most restrictive shall apply.(Ord. 2019-9 § 1(3))
10.21.040 Obstruction of intersections or signs; trees, fences, poles and other structures.
1. Obstruction of Intersections. No person shall maintain, plant or permit to remain on any private or public premises situated at the intersection of two or more roads in the Town of East Troy any hedge, tree, shrub or other growth or object which may obstruct the view of the operator of any motor vehicle or pedestrian approaching such intersection.
2. Obstruction of Signs. It is unlawful for any person to plant, cause to grow, allow to grow, or maintain any trees, brushes, shrubbery or vegetation of any kind which is an obstruction to the clear and complete vision of any traffic sign in the Town of East Troy. It shall be the duty of every owner of such tree, brush, shrubbery or vegetation to remove such obstruction.
3. Abatement. Any shrub, tree or other plant which obstructs the view at an intersection or the view of a traffic sign shall be deemed to be dangerous to public travel, and the Town of East Troy shall notify the property owner in writing, describing the conditions, stating the steps necessary to correct the conditions, and establishing a reasonable time within which the corrective steps shall be taken. In the event that the effective steps are not taken by the property owner within the time specified in the writing, it shall be lawful for the Town of East Troy to abate these conditions to the extent necessary to assure compliance with the foregoing requirements, and the costs thereof may be assessed to the owner.
4. Vegetation in Right-of-Way. Other than mowing, no person shall till, graze, kill or destroy the vegetation in the right-of-way. No person shall plant additional vegetation in the right-of-way.
5. Fences, Poles and Other Structures. No person shall build or reconstruct any fence, pole, or other structure within the public road right-of-way measured from the center of the road to a point 18 inches from the back line of the right-of-way unless a special exception is granted by the Town of East Troy. (Ord. 2019-9 § 1(4))
10.21.050 Deposit of waste or rubbish on right-of-way.
It shall be unlawful for any person to throw or deposit any weeds, sod, brush, cans, glass, gravel, stones, boulders, dirt, machinery, garbage or other waste or rubbish in or on the right-of-way of any road or highway in the Town of East Troy. (Ord. 2019-9 § 1(5))
10.21.060 Structures and construction in Town right-of-way.
1. Mailboxes and Boxes for Delivery of Newspapers. The provisions of this chapter shall not apply to the installation of mailboxes and boxes for the delivery of newspapers.
2. Garbage and Recycling Containers. The provisions of this chapter shall not apply to the temporary placement of garbage or recycling containers provided by the Town’s garbage and refuse provider or a container approved under any contract with that provider in the right-of-way so long as it does not obstruct sight lines or navigation of traffic and does not create a safety hazard.
3. Existing Structures and Any Other Obstruction. Any existing structure, sign, fence, wall, pavement, pier, boat lift, or other obstruction (including trees) which, in the judgment of the Town of East Troy, will prevent proper snow removal from the pavement and shoulders or mowing the ditches of the Town’s roads and highways shall be removed by the owner or occupant of the adjacent property within 15 days of receiving written notice from the Town. If the owner or occupant does not remove said structure or obstruction within the allotted time, the Town shall remove it or make arrangements to have the obstruction removed and the expense of removal shall be charged to the adjacent property as a special assessment, after notice and hearing as may be required by law. (Ord. 2019-9 § 1(6))
10.21.070 Penalty for violation(s).
Any person, persons, partnerships, company or corporation who or which violates any provision of this chapter shall pay the forfeiture amount referenced in ETMC 10.80.030 in an amount not less than $5.00 nor more than $500.00 for the second offense within two years and shall remove, alter or correct the violation as ordered by the Town. If the owner or occupant does not remove said structure, obstruction or other violation within the time allotted by the Town, the Town shall remove the violation or may take the corrective action and the expense thereof shall be charged to the property owner as a special assessment, after notice and hearing as may be required by law. (Ord. 2019-9 § 1(7))