The Town Of Porter

1st Order of Business:  Noise Ordinance review.

 

Chairman Sweeney read the current noise ordinance.

It was noted that the Town Board has not contacted the owners of barking dogs.

Oakeson introduced the noise ordinance by stating that there have been complaints against barking dogs and that the submitted noise ordinance was simply a starting point and that it was not meant to be taken as the final document.  He also stated that the complaints have been for more than one dog owner.

 

Discussion:

·         Vielhuber said that that some of the noise ordinance sections are overly restrictive and that it did not exempt farming.

·         Oakeson stated that it did exempt normal farming practices.

·         Joel Appel asked if there were complaints against dogs barking?  Yes, there have been.

·         Pat Leuzinger stated that people live in the country and that there is noise.

·         Sweeney – Talked about concern for enforcement of the current noise ordinance.

·         Karl Trawicki – Talked about fines and concerned with a neighbor calling in a complaint and he gets a fine for running a grinder or having a barking dog.  He wants the neighbors to approach him directly.

·         Jerry Fox – Read City of Evansville dog barking ordinance.  He talked with Fulton, Union, Magnolia and other Towns and they don’t have a dog barking ordinance.  The Sheriff will be at the next two Town Board meetings and he encouraged residents to attend.

·         Is there a limit on the number of dogs?  There is no limit.

·         Dan Van Galder – Asked if there is a disturbing the peace ordinance?  No, not at the Town level.  There might be at the County level.

·         Gary Demrow – Complaints seem to snowball.  Creating an ordinance seems to create more ordinances as people retaliate and find other things to complain about.

·         Russell Jeske – Used to work for the Village of Brooklyn.  He didn’t have to return for dog barking calls.

·         Bob Leuzinger – Hears coyotes.  When he first moved to the country, he couldn’t sleep because it was too quiet.  The proposed noise ordinance is way overboard.  Why pass more ordinances?

·         Jon Ahrens – Stated that he has 11 dogs.  He puts bark collars on them.

Lisa Brickson – She did approach the Town Board about the dogs barking.  The last several years, the dogs barking seems to be increasing.  She did not understand why Jon Ahrens didn’t do a better job with keeping the dogs from barking.  The amount of time the dogs are barking prevents her from enjoying her property.  The dogs bark three, four, five and six hours at a time.  One day, she kept track of the dogs barking and during a six hour period, the dogs were never quiet for more than 5 minutes.  The dogs bark when Jon isn’t there.  She left notes for Jon.  She talked with Jon.  She threatened to follow through with the Town Board.  Jon kept the dogs quiet for a few months, but it got progressively worse and has gotten worse.  She tried to talk with Jon, but it has become confrontational.  She is not trying to restrict normal dog barking.  She doesn’t want to prevent Jon from having dogs.  She wants to be able

·         be able to enjoy her property without the constant barking of dogs.  The dogs bark… Jon yells at them… the dogs bark… Jon swears at them… barking… swearing.  It goes on and on.  She has preschool grandchildren that are being exposed to Jon’s foul language.  The swearing and yelling also don’t work.  Jon yells but the dogs keep on barking.  After awhile, she takes the children inside.  Jon has the right to have and enjoy his dogs, but Lisa should be able to enjoy her property.  She has tried for 2-1/2 years to work with Jon.  She has approached the Town Board for help.

·         Jon Ahrens – Lisa’s dog is loose and her horses come over.  He uses bark collars.  Hounds will bark; that is what they do.  He has tried using a radio and a sonic device, but they didn’t work.

·         Joel Appel – Talked about farm practices.

·         (Remley left.)

·         Vielhuber – How to enforce?

·         Fox – Cop says that barking dogs are unenforceable.

·         Pat Leuzinger – Hooting and hollering are not allowed?

·         Dave Viney – Plan Commission and Town Board have been brought into it.  Dave stated that he was asked to approach Jon but that he hasn’t.  He asked Jon to do what he can.

·         James Winger – Lisa’s dogs wander and insinuated that they crap in his yard.

·         Pat Leuzinger – Would like to see both parties talk.  After that, have the Town Board get involved.

·         Lisa Brickson – Thinks there needs to be another step.  There needs to be mediation.  What recourse will she have?

·         Jon Ahrens – How much noise is too much?  He has planted trees and used plastic.  He has tried everything he can.  The dogs are on the West side and Lisa is on the East side and he thinks that they shouldn’t be that much of a bother.

·         Sweeney – The issue needs to be resolved.

·         Viney – The issue needs to be resolved or it will come back to the Town Board and they will have to deal with it.

·         Vielhuber – Doesn’t think other items need to be part of the ordinance.

·         Towns – The Plan Commission can always add the noise ordinance in the future.  Not ready to go through a noise ordinance.  What law can a policeman use for dogs barking?

 

Motion by Vielhuber to not recommend a noise ordinance to the Town Board.

2^nd by Towns.  Passed 4-0.

 

·         Towns – Would like to keep noise ordinance for the future, if needed.

·         Viney – Thanked everyone for coming.

 

2^nd Order of Business: Discussion of dog barking ordinance.

Sweeney stated this item was covered in the 1^st Order of Business.

 

3^rd Order of Business: Littering fines

Sweeney stated that the Town is getting heavy county fees for picking up litter.  He is soliciting the State of Wisconsin to increase the fines.

 

Discussion:

·         Garbage is being dumped alongside the roads.

·         Current State of Wisconsin fine for littering is $500.

·         The Badfish Creek area and by bridges seem to be some problem areas.

·         Pat Leuzinger brought up the Recap program.  The Town of Porter does not use that program.  [Secretary’s note: The Recap program uses inmates for County work.]

·         Is it $500 per item or per occurrence?  Nobody in attendance could answer that question.

·         Jon Ahrens – Can’t enforce anything if you don’t catch the litterer.

·         Does the Town get the $500 fine or the State?

·         Oakeson asked if there was anything that the Town of Porter could do to help Sweeney with his goal of getting the State to increase the fine.  Sweeney stated that the Town could adopt a resolution asking that the fine be increased.  He also asked that residents keep an eye open for litterers and to report them.

 

4^th Order of Business: Review Conditional Use Permits previously issued.

 

·         Sweeney stated that Nancy Towns (Town Clerk) has not issued letters to the property owners listed in the minutes of the June 18, 2007 Plan Commission hearing.

·         The property owners of the three Conditional Use Permits from the June 18, 2007 hearing will be notified.

·         Set next hearing for March 25, 2008 at 7:00 to review the Rock Prairie, Scherber and Keehn Conditional Use Permits.

·         Oakeson explained what the Plan Commission is trying to do with reviewing past CUPs.

 

Old Business: None

 New Business:

Allen property was discussed.  The new owners posted a non-conforming sign for a business and it needs to be determined if there is an existing CUP allowing the storage of non-agricultural items on the premises.

  Next meeting March 25, 2008 at 7:00 PM. 

Motion to adjourn by Vielhuber.  2^nd by Towns.  Passed 4-0.

Meeting adjourned at 8:48 PM.

Respectfully submitted,

 

Steve Oakeson

Secretary, Town of Porter Plan Commission

approved 3/25/2008