ORDINANCE PROVIDING FOR UNOBSTRUCTED PRIVATE DIVEWAY ACCESS IN THE TOWN OF CROSS PLAINS, DANE COUNTY, WISCONSIN

            ORDINANCE PROVIDING FOR THE UNOBSTRUCTED PRIVATE DRIVEWAY ACCESS TO RESIDENCES AND BUILDING FOR FIRE DEPARTMENT VEHICLES, OTHER EMERGENCY VEHICLES LOCATED IN THE TOWN OF CROSS PLAINS, DANE COUNTY, WISCONSIN

            WHEREAS, it is deemed expedient and necessary that new regulations be adopted and established for the unobstructed access for fire department vehicles, other emergency vehicles and public vehicles to and over private driveways to residences and buildings in the Town of Cross Plains;

            AND WHEREAS, it is deemed expedient that said private driveway access regulations are necessary for the health, safety, welfare and convenience of the public pursuant to Section 61.34 of the Wisconsin Statutes;

            NOW, THEREFORE, the Town Board of the Town of Cross Plains, Dane County, Wisconsin, pursuant to the exercise of its Village Board powers pursuant to Section 60.29 (13) of the Wisconsin Statutes and pursuant to Section 61.34 of the Wisconsin Statues for the health, safety, welfare and convenience of the public does ordain as follows:

            1.  APPLICABILITY.  This ordinance shall apply to any private driveway which serves a residence and/or other buildings.

            2.  SPECIFICATIONS.  The following specification for access shall apply to all private driveways subject to this ordinance.

            (a)  Width – All private driveways shall be unobstructed for a width of not less                     than twenty feet (20.0’).

            (b)  Height – All private driveways shall be unobstructed  for a height of not less                              than sixteen feet (16.0’).

            3.  BUILDING PERMIT ON PRIVATE ROAD.  No building permit shall be issued for the construction of any resident or building unless a private driveway complies with terms of this Ordinance.

            4.  IDENTIFICATION. - The entrance of any driveway shall be clearly visible and identified by a fire number and the name of the occupier (resident) of the property.

            5.  PURPOSE. - To enable unrestricted access of fire department vehicles, other emergency vehicles and other public vehicles required to use a private driveway.

            6.  VIOLATION/PENALTY. – Any person violating the terms of this Ordinance shall be subject to a forfeiture of not less than Twenty-Five and no/100 Dollars ($25.00) nor more that One Hundred and no/100 Dollars ($100.00,) together with the costs of the prosecution.  Each day of violation shall constitute a separate offense.

            7.   SEVERABILITY.  The provisions of this Ordinance shall be deemed severable, and it is expressly declared that the Town Board would have passed the other provisions of this Ordinance irrespective of whether or not one or more provisions may be declared invalid, and if any provision of the Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and application of such provisions to other persons or circumstances shall not be affected thereby.

            8.  EFFECTIVE DATE.  This Ordinance shall take effect and be in force the day after its passage, publication and posting as provided by law.

            Dated this 10^th day of November, 1997.

ATTEST:                                                                     TOWN OF CROSS PLAINS

Ann Walden, Clerk                                                       Harold Krantz, Town Chairman

                                                                        Robert Boehnen, Town Board Member

                                                                        Robert Bowman, Town Board Member

Adopted:  11/11/97

Publish:   11/20/97