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Ordinance 2015-03

To Totally Opt Out of IOH Length and Weight Limits

 

 

Whereas, 2013 Wis. Act 377 under Sec. 348.27 (19)(b)5.a. provides that a municipality or county may authorize implements of husbandry as defined in Sec. 340.01 (24) and agricultural commercial vehicles as defined in Sec. 340.01 (1o) of Wis. Statutes to exceed any statutory length and weight limits imposed by Chapter 348 of Wis. Statutes,

 

Now, therefore, BE IT HEREBY ORDAINED by the Town Board of Lincoln, of Vilas County, that pursuant to Sec. 348.27 (19)(b)5.a. of Wis. Statutes, implements of husbandry and agricultural commercial vehicles as defined by Chapter 340 of Wis. Statutes may exceed any length and weight limits imposed by Chapter 348 of Wis. Statutes.

 

Further, BE IT HEREBY ORDAINED that this ordinance shall remain in effect until rescinded by further action of the board.

 

Further, BE IT HEREBY ORDAINED that a copy of this ordinance shall be provided to the Wisconsin Department of Transportation to be posted on the state DOT website.

 

Adopted on the 14th day of July, 2015

 

By the Town Board of the Town of Lincoln

 

Dick Stoegbauer, Town Chairman

 

Attested by

 

Shelly D. Sauvola, Town Clerk

 

 

Ordinance 2015-02

 Establishing Procedures and Criteria for Allowing Alternative Forms of Sworn Testimony at Board of Review (BOR) Hearings

                                                                             

Whereas, sec. 70.47(8), Wis. Stat. authorizes the board of review to consider requests from a property owner or the property owner's representative to appear before the board under oath by telephone or to submit written statements under oath to the board of review;

 

Now Therefore the Town of Lincoln, Vilas County does ordain as follows:

 

1.  PROCEDURE:

            In order for a property owner or property owner's representative to submit a request to testify by phone or submit a sworn written statement, he or she must first comply with the following procedures: a) the legal requirement to provide notice of intent to appear at BOR must be satisfied; and b) an Objection Form for Real Property Assessment (PA-115A) must be completed and submitted to the BOR as required by law. 

            After the two requirements outlined above have been met, a Request to Testify by Telephone or Submit a Sworn Written Statement at Board of Review (Form PA-814) may be submitted to the town clerk.  Such requests must be submitted in time to be considered by the board at the first meeting of the BOR.

 

2.  CRITERIA TO BE CONSIDERED

            The board may consider any or all of the following factors when deciding whether to grant or deny the request:

            a. The requester's stated reason(s) for the request as indicated on the PA-814

            b. Fairness to the parties

            c. Ability of the requester to procure in person oral testimony and any due diligence exhibited by the requester in procuring such testimony

            d. Ability to cross examine the person providing the testimony

            e. The BOR's technical capacity to honor the request

            f. Any other factors that the board deems pertinent to deciding the request

 

3.   EFFECTIVE DATE.

            This ordinance shall be effective upon posting as provided by law.

 

Passed on the 14th day of July, 2015

 

By the Town Board of the Town of Lincoln

 

Dick Stoegbauer, Town Chairman

 

Attested by

 

Shelly D. Sauvola, Town Clerk

 

 

ORDINANCE NO.  2015-01

   ATV/UTV ROUTE ORDINANCE FOR TOWN OF LINCOLN, VILAS COUNTY, WISCONSIN

 

AN ORDINANCE DESIGNATING ALL-TERRAIN/UTILITY TERRAIN VEHICLE ROUTES

AND REGULATING THE OPERATION OF ATV/UTVS.

 

Section 1 – INTENT

            The Town of Lincoln, Vilas County, adopts the following all-terrain vehicle (ATV) /utility terrain vehicle (UTV) routes for the operation of ATV/UTVs upon the roadways listed in SECTION III.

Following due consideration of the recreational value to connect trail/route opportunities and weighted against possible dangers, public health, liability aspects, terrain involved, traffic density and history of automobile traffic, these routes have been created.

SECTION II- STATUTORY AUTHORITY

These routes are created pursuant to village authority under section 1.1.01 as authorized by 23.33 (8) (b), Wis. Stats.                                                                                                

 The applicable provisions of 23.33 regulating ATV/UTV operation pursuant to routes are adopted.

SECTION III – ROUTES

            All Town of Lincoln roads are designated and signed as ATV/UTV routes.

SECTION IV – CONDITIONS

As a condition for the use of these routes, the following conditions shall apply to all operators and passengers;

A.      All ATV/UTV operators shall operate at a speed not to exceed 35 miles per hour.

B.      All ATV/UTV operators shall ride single file on the far right side of the road.

C.      Routes must be signed in accordance with NR 64.12 and NR 64.12(7)c.

D.     The Town of Lincoln retains the right to close ATV/UTV routes in whole or in part for

reasons of abuse of routes, environmental concerns, weather issues or other unspecified reasons.

ATV/UTV Routes shall be reviewed annually for the first two years of operation to identify and correct any problems associated with those Routes.

SECTION V – ENFORCEMENT

This ordinance shall be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin.

SECTION VI – PENALTIES

            Wisconsin State ATV/UTV penalties as found in s.23.33 (13)(a)  Wis. Stats., are adopted by reference.

 

SECTION VII – SEVERABILITY

            The provision of this ordinance shall be deemed severable and it is expressly declared that the County/Town/Village would have passed the other provisions of this ordinance irrespective of whether or not one or more provisions may be declared invalid.  If any provision of this ordinance or the application to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provisions to other persons’ circumstances shall not be deemed affected.

SECTION VIII – EFFECTIVE DATE

This ordinance becomes effective upon passage and publication.

 

The Town of Lincoln recommends the wearing of helmets by all persons operating or riding on ATV/UTVs

 

Passed this 14th day of April, 2015

TOWN OF LINCOLN

 

 

 

Richard Stoegbauer, Chairman                                 

Scott Nordstrom, Supervisor

Bruce Richter, Supervisor                                          

Bill Hassey, Supervisor

Brian Uttech, Supervisor

 

Attest: Shelly Sauvola, Clerk    

 

 

 

 

 

Ordinance to Extend Town Officer Terms In Response to Election Law Changes

 

No.  2012-01

 

 

Whereas, the term of elected town officers (other than elected assessors) have previously begun on the 2nd Tuesday in April;

 

Whereas town officers (other than assessors) elected in April 2012 and thereafter will now have their terms of office commence on the 3rd Tuesday in April due to recent state election law changes;

 

Whereas this law change results in a week long "gap" between the end of the current terms of office for those town officers elected in either 2010 or 2011 and the start of the new terms of office for those officers elected in April 2012 or April 2013;

 

Whereas, 2011 Wis. Act 115 provides that a town board may enact an ordinance providing that the terms of any elective officers in the town who were elected or appointed to serve for terms expiring on the 2nd Tuesday in April 2012 or 2013 may be extended to the 3rd Tuesday in April in the same year in which the terms would otherwise have expired;

 

Therefore, be it hereby ordained by the Town Board of the Town of Lincoln, Vilas County, that the terms of elected town officers which shall expire after 11:59 p.m. on the 2nd Monday of April in either April 2012 or April 2013 shall be extended until the 3rd Tuesday of April in the same year in which the terms would otherwise have expired.

 

            This ordinance shall be effective upon publication or posting by the town clerk as required, pursuant to s. 60.80, Wis. Stat.

 

 

            Adopted this 13th day of March 2012.

 

By the Town Board of the Town of Lincoln, Vilas County, Wisconsin:

 

 

 

 Dick Stoegbauer, Town Chairman

 
 

 

Attest:

 

 

Shelly D. Sauvola, Town Clerk