Is the TOET even following its ordinances?
In light of the recent post issued by the Town of East Troy regarding sign placement and the Town's actions should they find a sign in violation, it appears they haven’t read their own ordinances. Unless we are reading these ordinances incorrectly, the Town of East Troy should be providing a written notification to the adjacent property owner and providing 15 days to remove or rectify the complaint. Contrary to the ordinance, their post states the sign will be removed immediately and put behind the DPW garage by the salt shed.
Let’s look at the ordinances themselves: https://www.codepublishing.com/WI/EastTroy/
TOWN ORDINANCE 10.21 PUBLIC RIGHTS-OF-WAY
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))
10.21.060 Structures and construction in Town right-of-way.
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))
TOWN ORDINANCE 15.05.160(18) BUILDING CODE, SIGNS & BILLBOARDS
18c. Prohibited Signs and Billboards. The following signs and billboards shall be prohibited:
v. To protect the traveling public, no signs or billboards may be placed in the public right-of-way.
vi. Unless specifically permitted by resolution, no signs or billboards shall exceed 48 square feet in total display area or 12 feet in total height measured from the lowest point of the ground off of which the sign is erected. Notwithstanding the above, in the event that Wis. Stat. § 12.04 would permit a political sign that is greater than a size limitation described in this section, or allows placement of a political sign in a location that is prohibited in this section, such sign is allowed only for the time period described in that statute.