Ordinance for Campgrounds

 

ORDINANCE NO. 2018-1

 

 

 

TOWN OF BLACK CREEK,

 

OUTAGAMIE COUNTY, WISCONSIN

 

 

 

AN ORDINANCE REGULATING CAMPGROUNDS

 

 

 

Be it hereby ordained, by the Town Board of the Town of Black Creek, Outagamie County, Wisconsin, as follows:

 

 

 

SECTION I – TITLE AND PURPOSE

 

 

 

The title of this ordinance is the Town of Black Creek Campground Ordinance. The purpose of this ordinance is to promote and protect the general health, safety, welfare, and convenience of the people of the Town of Black Creek, to promote and protect the general aesthetics of the Town of Black Creek and, to regulate campgrounds within the Town of Black Creek.

 

 

 

SECTION II – AUTHORITY

 

 

 

The Town Board has specific authority to adopt this ordinance under Wis. Stat. § 254.69(2)(g) and the general authority to adopt this ordinance under its Town powers pursuant to Wis. Stat. § 60.22(3).

 

 

 

SECTION III – ADOPTION OF ORDINANCE

 

 

 

This ordinance, adopted by a majority of the Town Board on a roll call vote with a quorum present and voting and proper notice having been given, regulates campgrounds within the Town of Black Creek as set forth herein.

 

 

 

SECTION IV – OTHER LAWS AND REGULATIONS

 

 

 

The provisions of Wisconsin Administrative Code Chapters DHS 178 and ATCP 79 regulating campgrounds are hereby adopted, incorporated, and made a part of this ordinance as if fully set forth herein.

 

 

 

Any and all acts required to be performed by Wisconsin Administrative Code Chapters DHS 178 and ATCP 79 are required by this ordinance. Similarly, any and all acts prohibited by Wisconsin Administrative Code Chapters DHS 178 and ATCP 79 are prohibited by this ordinance.

 

 

 

All campgrounds within the Town of Black Creek shall comply with Wisconsin Administrative Code Chapters DHS 178 and ATCP 79, Town of Black Creek zoning ordinances, and all other applicable laws and regulations.

 

 

 

SECTION V – ZONING / CONDITIONAL USE PERMIT

 

 

 

No person and / or entity may own or operate a campground within the Town of Black Creek unless such use is permitted under Town of Black Creek zoning ordinances. To the extent a conditional use permit is required under Town of Black Creek zoning ordinances for the operation of a campground, no person and / or entity may own or operate a campground within the Town of Black Creek without obtaining such conditional use permit.

 

 

 

SECTION VI – PENALTY AND ENFORCEMENT

 

 

 

Any person and / or entity who owns or operates a campground and who violates any term or provision of this ordinance shall forfeit an amount not less than $25.00 and not more than $100.00, together with the costs of prosecution, including the Town of Black Creek’s reasonable attorneys’ fees. Each day a violation exists or continues shall constitute a separate offense subject to the fines and penalties set forth herein.

 

 

 

In addition to all other rights and remedies available at law or in equity, this ordinance may be enforced by the Town of Black Creek by the commencement of a civil cause of action against any violator for, among other things, money damages and / or injunctive relief. This ordinance may be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin within the Town of Black Creek. This ordinance may be enforced by the issuance of citations by officials or designees of officials authorized to issue citations.

 

 

 

SECTION VII – SEPARABILITY OF PROVISIONS

 

 

 

In the event any one or more provisions of this Ordinance are declared invalid, such decision(s) shall not affect the validity of the remaining portions / provisions hereof.

 

 

 

SECTION VIII – EFFECTIVE DATE

 

 

 

This ordinance is effective on publication or posting.

 

 

 

            Adopted and passed this _____ day of ____________________, 2018.

 

 

 

                                                            Town Board of the Town of BLACK CREEK

 

 

 

                                                BY:            __________________________________________

 

                                                            ___________________________, Chairman

 

 

 

                                                BY:            __________________________________________

 

                                                            ___________________________, Supervisor

 

 

 

                                                BY:            __________________________________________

 

                                                            ___________________________, Supervisor

 

ATTEST:

 

 

 

__________________________________________

 

___________________________, Clerk