Ordinances

VILLAGE OF BROOKLYN ORDINANCES

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VILLAGE OF BROOKLYN ORDINANCE CHAPTER 20

AN ORDINANCE TO ESTABLISH

SECTION 20-17 OF CHAPTER 20 OF THE CODE OF THE VILLAGE OF BROOKLYN

REGARDING TRUANCY

THE BOARD OF TRUSTEES OF THE VILLAGE OF BROOKLYN DO ORDAIN AS FOLLOWS:

Section 20-17:  Chapter 20, Offense; Section 20-17 Truancy, of the Village of Brooklyn Code is hereby established to read as follows:

20-17 Truancy.

(1)    In this section, "truant" means a pupil who is absent from school without an acceptable excuse under Wis. Stat. s. 118.15 and 118.16(4) for part or all of any day on which school is held during a school semester.

(2)    It is a violation of this section for a person under eighteen (18) years of age to be a truant.

(3)    If the Brooklyn Elementary School determines that a person is a truant in violation of this section, they may be subject to any or all of the following:

(a)    An order for the person to attend school.

(b)   A forfeiture of not more than two hundred fifty dollars ($250.00) for a first violation, or a forfeiture of not more than five hundred dollars ($500.00) for any 2nd or subsequent violation committed within twelve (12) months of a previous violation, subject to s. 938.37, Wis. Stats.    All or part of the forfeiture may be assessed against the person, the parents or guardian of the person, or both.

Adopted by the Board of Trustees of the Village of Brooklyn, Wisconsin, this 

24th day of March, 2025.

APPROVED:

_______________________________________

Mark Bruner, Village President
Ayes:___7__                                                   ATTEST:

Nays:__0___                                                  

_____________________________________

Linda Kuhlman, Clerk-Treasurer

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VILLAGE OF BROOKLYN ORDINANCE CHAPTER 32

AN ORDINANCE TO AMEND

SECTIONS 32-87 OF CHAPTER 32 OF THE CODE OF THE VILLAGE OF BROOKLYN

REGARDING WINTER PARKING

THE BOARD OF TRUSTEES OF THE VILLAGE OF BROOKLYN DO ORDAIN AS FOLLOWS:

Section 32-87:  Chapter 32, Traffic and Vehicles; Section 32-87 Winter Parking, of the Village of Brooklyn Code is hereby amended to read as follows:

Section 32-87. - Winter parking.

(a)  Except as provided in subsections (b) and (c) of this section, no on-street parking will be allowed on any street in the village when there is an ice event or over one inch of snow and during the 24-hour period after the ice event or snowfall has finished or until snow or ice is plowed to the curb.

(b)  No on-street parking will be allowed on Hotel Street between Commercial Street (Hwy. 92) and North Rutland Avenue (Hwy. MM) and on W. Main Street between Commercial Street and First Street and on Railroad Street between W. Main Street and Bowman Street between the hours of 3:00 a.m. and 7:00 a.m. when there is an ice event or over one inch of snow and during the 24-hour period after the ice event or snowfall has finished or until snow or ice is plowed to the curb.

(c)  Section 32-82 is adopted by reference.

(d)  Any vehicle parked in violation of subsection (a) or (b) of this section will be ticketed $30.00 and/or towed.

(Ord. of 7-13-2015(1), § 32.20(1); Ord. of 10-14-2019(1); Ord. of 1-11-2021(1); Ord. of 2-14-2022(1))

Adopted by the Board of Trustees of the Village of Brooklyn, Wisconsin, this 

24th day of February, 2025.

APPROVED:

_______________________________________

Mark Bruner, Village President

Ayes:___5__                                                   ATTEST:

Nays:__0___                                                  

_____________________________________

Linda Kuhlman, Clerk-Treasurer

************

VILLAGE OF BROOKLYN ORDINANCE CHAPTER 117

AN ORDINANCE TO AMEND CHAPTER 117,

SECTIONS 117-897 and  SECTION 117-1053

OF THE CODE OF THE VILLAGE OF BROOKLYN

THE BOARD OF TRUSTEES OF THE VILLAGE OF BROOKLYN DO ORDAIN AS FOLLOWS:

Chapter 117 Zoning Code, Article V Zoning Districts and Land Use, Division 4 District Uses and Requirements, Section 117-897 B-P Business Park District; and Division 8 Traffic Visibility, Loading, Parking and Access, Section 117-1053 Driveways,  of the Village of Brooklyn Code are hereby amended to read as follows:

Sec. 117-897. B-P business park district.

• Business park
  • The declared purpose of these restrictions is to ensure proper use and development of each parcel in the business park; to protect the environment; to guard against the erection of improper, unsuitable structures and uses; to maintain property values; to ensure protection from incompatibility and unsightliness; to protect the health and safety of residents in the area. These covenants are in addition to regulations contained in other sections of this zoning chapter. Should there be any conflicts between the covenants and ordinance, the most restrictive regulation shall prevail.
  • Subject These conditions, protective covenants and restrictions shall apply to and restrict the use of lands comprising the park, which consists of the following described real property in the Village of Brooklyn, Dane County, Wisconsin:

1. A parcel of land in the NE¼ of the SW¼, NW¼ of the SE¼, SW¼ of the NE¼ and SE¼ of the NW¼ of Section 31, Town 5 North, Range 10 East, Town of Rutland, Dane County, Wisconsin, described as follows:

Commencing at the Southwest Corner of Section 31, T5N, R10E;

Thence N 88°57'E, 1627.56 feet to the southeast corner of Outlot 40 of the Assessor's Plat of the village of Brooklyn;

Thence N03°34'W, 1680 feet more or less to a point which is 198 feet southerly of the Southeast corner the Stiklestad Addition and the point of beginning.

Thence continuing N03°34'W, 970 feet more or less to a point on the centerline of State Trunk Highway 92;

Thence N86°42'35"E, 281.64 feet along said centerline; Thence N75°58'46"E, 151.11 feet along said centerline;

Thence N08°23'32"W, 55.88 feet more or less to the Northerly right-of-way line of State Trunk Highway 92 as established by State Right-of-Way project 5606-00-23.

Thence N69°37'46"E, 352.24 feet along said Northerly right-of-way line; Thence N87°26'31"E, 179.47 feet along said Northerly right-of-way line; Thence N82°19'21"E, 251.81 feet along said Northerly right-of-way line;

Thence N64°58'06"E, 174.16 feet along said Northerly right-of-way line to the Westerly right-of-way line of King Lake Road;

Thence N88°13'13"E, 49.72 feet to the Easterly right-of-way line of King Lake Road;

Thence S71°57'00"E, 206.20 feet along the Northerly right-of-way line of State Trunk Highway 92; Thence N87°03'40"E, 250.04 feet along said Northerly right-of-way line;

Thence N89°27'51"E, 227.74 feet along said Northerly right-of-way line to the Easterly line of Tax Parcel ID: 0510-311-92101 also known as the Wiedel property;

Thence S12°04'09"E, 55 feet more or less along said Easterly line of Wiedel property to the centerline of State Trunk Highway 92;

Thence S88°12'23"W 100 feet more or less to the Northwest corner of Certified Survey Map 5336 recorded in Volume 24 of CSM's, Page 183 in the Dane County Register of Deeds;

Thence S02°22'55"E, 388.03 along the Westerly line of said Certified Survey Map; Thence continuing S02°22'55"E, 634 feet more or less to a point;

Thence at right angles S87°37'05"W, 1987 feet more or less to the point of beginning. Containing 50 acres more or less.

AND

1. A parcel of land in part of the SE 1/4 of the SW 1/4, NE 1/4 of the SW 1/4 and part of the NW 1/4 of the SE 1/4 of section 31, T.5N., R.10E., of the 4TH P.M., Town of Rutland, Dane County, Wisconsin, described as follows:

Commencing at the SW Comer of said Section; thence

N88°44'48"E along the South Line of the SW 1/4 of said Section, 1627.56 feet to the East Line of Outlot 40 of the Assessor's Plat of the Village of Brooklyn, and being at the place of beginning for the land to be herein described, (also being an existing Village limits line);

Thence N3 °52 '46"W along said East Line, 1675 .61 feet to an existing Village limits line;

Thence N86°12' l 8"E along said Village limit line, 1988.69 feet to the East Line of the West 1/2 of the West 1/2 of the SE 1/4 of said Section; thence S3°47'42"E along said East Line, 250.17 feet to the NE Comer of CSM No. 9837; thence S84°42'57"W along the North Line of said CSM, 302.23 feet;

Thence S89°34'35"W continuing along said North Line, 464.29 feet to the NW Comer of said CSM; Thence S7°21 '57"E along the West Line of said CSM, 213.96 feet;

Thence S81 °59'02"E continuing along said West Line, 98.51 feet; Thence S2°11 '06"E continuing along said West Line, 201.54 feet;

Thence S3°47'41"E continuing along said West Line, 1068.52 to the South 1/4 Comer of said Section;

Thence S88°44 '48"W along said South Line of the SW 1/4 of said Section, 1325.98 feet to the place of beginning.

Containing 55.225 acres more or less.

(Ord. of 12-17-2012, § 48-537; Ord. of 7-8-2013(2), § 48-537; Ord. of 4-11-2022(3))

Sec. 117-1053. Driveways.

All driveways installed, altered, changed, replaced or extended after the effective date of the ordinance from which this section is derived shall meet the following requirements:

(1)   Islands. Islands between driveway openings in business and industrial areas shall be provided with a minimum of ten feet between all driveways and five feet at all lot lines.

(2)   Ingress and egress openings. Openings for vehicular ingress and egress (at the sidewalk) shall not exceed lesser of 44 feet or 45 percent of lot frontage for commercial or business parcels and 36 feet or 40 percent for single family and 44 feet or 45 percent for two-family (R-T) residential parcels. If the street has curb and gutter, a two foot taper/transitional section on each side shall be poured integral to the adjoining curb or sawcut as per the detail provided in appendix A, figure 6.

(3) a. Construction standards, residential. Reference appendix A, figure 6A. All driveways shall have an asphalt or uncolored concrete surface with minimum base as provided in the construction detail. Alternate materials must be approved by the village plan commission.

1. Construction standards, commercial. Reference appendix A, figure 6B. All new driveways shall have an asphalt or uncolored concrete surface with minimum base as provided in the construction detail. Alternate materials must be approved by the village plan commission, including construction details.

(4)   AG driveways. Agricultural driveways require special consideration, based on their proposed use, and therefore require plan commission approval.

(5)   Entrances and exits. Vehicular entrances and exits may be permitted by the plan commission by site plan approval for drive-in theaters, banks and restaurants; motels; funeral homes; vehicular sales, service, washing and repair stations; garages; or exits to a school, college, university, church, hospital, park, playground, library, public emergency shelter, lumber yard, gas station, or convenience store, fire stations, emergency services building, community building or any place of public assembly.

(6)   Setback. Driveways shall not be closer than five feet to a side lot line, right-of-way line, or rear lot line in any district unless otherwise specified in the underlying zoning district regulations consistent with principle and accessory building regulations. Driveways that are currently within the setback are considered non-conforming driveways and may be replaced only in their current footprint. Driveways currently non-conforming may be improved by permit but shall not expand in non-conformity. No driveway setbacks are required for shared driveways unless by separate agreement between the parties.

(7)   Shared access. Shared access may be allowed in any district provided the shared access does not create safety concerns with visibility or traffic flow including pedestrian traffic and subject to the following requirements:

1. Shared driveways shall conform to the terms of this section unless granted exception by the plan commission.
2. The plan commission may require specific engineering and design based on the land use(s) that are served by the access and based on the existing/proposed topography of the site.
3. Shared driveways shall be accompanied by a shared access easement agreement to confirm terms of construction, ownership and maintenance of the shared driveway facilities (and use), including drainage, in perpetuity. This document shall be subject to village approval and be recorded with the deed for each served property.

(8)   Number of accesses. Unless granted exception by the plan commission, a residential parcel shall not have more than one access. Unless granted exceptions by the plan commission, commercial, multi-family, public/quasi-public, institutional and industrial properties may have more than one access if the proposed use/facility requires more than 15 parking spaces. Each driveway shall meet the provisions of this section.

(9)   Drainage. New driveways, or driveway modifications, that alter existing drainage conditions, will result in concentrated runoff to adjoining properties, or otherwise impact village infrastructure shall require a drainage plan and plan commission approval. "Drainage plan" means a schematic plan identifying runoff sources, paths of travel, and discharge points but does not mean an engineering study unless specifically required by the village pursuant to applicable ordinance(s).

(10) Alternate materials. Driveways constructed of alternate materials, such as turf stone, brick, porous pavement or gravel, are not allowed within the right-of-way. All alternate materials must be approved by the village plan commission.

(11) Costs. Cost incurred by the village for any/all driveway permitting shall be borne by the applicant.

(12) Permits. A driveway permit is required for all new and expanded driveways, conversions of driveway use (shared, connected, change of use), and all driveway work that is to occur within the right-of-way. WisDOT permits are required where a driveway is located on a roadway with WisDOT jurisdiction. Issuance of a driveway permit does not necessarily permit other non-conforming buildings, uses or activities.

(13) Exemptions. Driveway modifications not in the right-of-way that do not require a permit are as follows:

1. Asphalt to asphalt resurfacings that do not expand the driveway.
2. Concrete to concrete resurfacings that do not expand the driveway.
3. Adding gravel to an existing gravel driveway.
4. Widenings of any driveway less than one foot net.

(14) a. Non-standard street provisions, residential. Where a driveway exists on a street that has no curb and/or sidewalk, existing driveways may be improved but may not be made to conform to the "standard" drive provisions of this section and appendix figure 6A.

1. Non-standard street provisions, commercial. Where a commercial or business driveway exists on a street that has no curb and/or sidewalk, existing driveways may be improved but may not be made to conform to the "standard" drive provisions of this section and appendix figure 6B. However, all construction requirements shall be confirmed by the plan commission based on traffic, serviceability and future street planning as part of the site plan review/approval process.

(Ord. of 12-17-2012, § 48-583; Ord. of 4-12-2021(5); Ord. of 4-11-2022(7))

Adopted by the Board of Trustees of the Village of Brooklyn, Wisconsin, this 

24th day of February, 2025.

APPROVED:

_______________________________________

Mark Bruner, Village President

Ayes:__5___                                                   ATTEST:

Nays:__0___                                                  

_______________________________________

Linda Kuhlman, Clerk-Treasurer

*************

VILLAGE OF BROOKLYN ORDINANCE CHAPTER 24

AN ORDINANCE TO AMEND CHAPTER 24,

SECTIONS 24-2(D), SECTION 24-24 AND SECTION 24-57

OF THE CODE OF THE VILLAGE OF BROOKLYN

THE BOARD OF TRUSTEES OF THE VILLAGE OF BROOKLYN DO ORDAIN AS FOLLOWS:

Chapter 24 Public Nuisances, Article I In General, Section 24-2 Definitions, and Article II Abatement Procedures and Costs, Section 24-24 Snow Nuisances, and Article III Trees, Weeds and Vegetation, Section 24-57 Regulation of lawns and natural lawns, of the Village of Brooklyn Code are hereby amended to read as follows:

Section 24-2 Definitions

(D) Public nuisances affecting peace and safety. The following acts, omissions, places, conditions, and things are hereby found to adversely affect the public peace and safety, to create unsafe conditions, and to adversely affect the property values of other land in the village and are therefore declared to be public nuisances affecting peace and safety; provided, however, that this enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the general definition of subsection (a) of this section:

(1) All ice and snow not removed from public sidewalks within 24 hours after snow has ceased to fall thereon;  The property owners on 100 Block of Hotel Street must remove all snow on concrete surface from back of curb line to edge of sidewalk closest to building. Property owners may pile snow in the curb line from the sidewalk and the village public works department will remove snow.

(2) All buildings erected, repaired or altered within the village in violation of the provisions of the ordinances of the village relating to materials and manner of construction of buildings and structures;

(3) Any tree, hedge, billboard or other obstruction which prevents persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk;

(4) Unattended noxious weeds or grasses which can interfere with the public's health, safety and enjoyment of property;

(5) Any tree limb which projects over and less than ten feet above the surface of a public sidewalk and 15 feet above the surface of a public street or other public place;

(6) Any building or structure so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use;

(7) All loud, discordant and unnecessary noises or vibrations or any kind;

(8) The keeping or harboring of any animal or fowl which by frequent or habitual howling, yelping, barking, crowing or making of other noises shall greatly annoy or disturb a neighborhood or any considerable number of persons within the village (see animals ordinance);

(9) Anything, act, occupation, condition or use of land in violation of sections 24-88 through 24-96.

(10) Except as stated in (D)(1) above, no snow or ice removed from private property shall be deposited in the public ways in areas expected to be cleared by the Village.   This would include, but would not be limited to, pushing snow or ice across a public roadway or sidewalk; pushing or carrying and depositing snow or ice on a public way expected to be maintained for pedestrian or vehicular traffic; and the blowing or throwing of snow and ice onto a pedestrian or vehicular area. 

Section 24-24 – Snow nuisances.

(a) When sidewalks remain snow covered, contrary to Section 24-2(D)(1), the public works department staff, without citizen complaint, may initiate the following nuisance abatement process.

(1) The public works department staff (PWD) will verify the nuisance with an on-site inspection; if verified, findings shall be documented through photographs and written reports. 

(2) Public works department staff shall remove the nuisance, and fees will be charged to the property owner according to the fee schedule in Appendix C. Any additional expenses incurred, i.e., damage to equipment, etc., due to debris (or other sources) will also be billed.

(3) Any costs associated with the abatement are the responsibility of the property owner, and if unpaid, will be assessed on the tax roll.

(4) If abatement is deemed not possible, the PWD director will refer the matter to the police department for follow up and possible enforcement and citation(s). (See Section 24-98)

(Ord. of 12-9-2013; Ord. of 4-20-2015, § 22-2.04)

Section 24-57. Regulation of lawns and natural lawns.

(a)    Lawns.

(1)   Public nuisance declared. The village board finds that lawns which exceed six inches in length on lots or parcels of land within the village adversely affect the public health and safety of the public in that such lawns tend to emit pollen and other discomforting plant particles, constitute a potential fire hazard and constitute a safety hazard in that debris can be hidden in the grass, interferes with public convenience and adversely affects property values of other land within the village. Therefore, except with prior application and issuance of a natural lawn permit from the village, lawns shall be maintained to a height not to exceed six inches in length. Any lawn on a parcel of land which exceeds six inches in length in the absence of a natural lawn permit is hereby declared to be a public nuisance.

(2)   Permitting of public nuisance prohibited. No person, firm or corporation shall permit any public nuisance as defined in subsection (a)(1) of this section to remain on any premises owned or controlled by him within the village.

(3)   Inspection. The public works director or other person designated by the village shall inspect or cause to be inspected all premises and places within the village to determine whether any public nuisance as defined in subsection (a)(1) of this section exists.   If verified, findings shall be documented through photographs.

(4)   Abatement of nuisance.

        (a) The property owner/occupant shall be notified via mail of the nuisance problem, with letter identifying the public works director may contact the police department for ordinance enforcement/citation(s).

        (b) Only one letter per year will be sent referencing the same violation per village property, and it shall include (1) ordinance number, (2) explanations of the violation(s), (3) identification of five days from date of letter for compliance, and (4) actions to be taken by public works department staff and/or the village’s contractors.

        (c) If nuisance is not abated within allotted time, public works department staff shall remove the nuisance, and penalty in subsection (5) will apply.

(5)   Penalty. Any person, firm or corporation which shall violate any of the provisions of this section shall be subject to a minimum fee as set forth on the fee schedule in Appendix C.  Any additional expenses incurred, i.e., damage to equipment, etc., due to debris (or any other sources) will also be billed.   If abatement is deemed not possible, the public works director shall refer the matter to the police department for follow up and possible enforcement and citation(s). (See Section 24-98)

(Ord. of 4-20-2015, § 22-3.08)

Adopted by the Board of Trustees of the Village of Brooklyn, Wisconsin, this 

24th day of February, 2025.

 APPROVED:

_______________________________________

Mark Bruner, Village President

Ayes:__5___                                                   ATTEST:

Nays:__0___                                                  

_______________________________________

Linda Kuhlman, Clerk-Treasurer

 *************