REGULATING PLACEMENT OF MAILBOXES WITHIN THE TOWN OF VIENNA AND PRESCRIBING THE STANDARDS AND PROCEDURES THEREOF
The Town Board of the Town of Vienna, County of Dane, State of Wisconsin, has determined that it is in the public interest of the Town to establish uniform standards and procedures for the placement of mailboxes within the Town of Vienna. The Town Board of the Town of Vienna does hereby ordain as follows:
SECTION 1. APPLICABILITY AND ENFORCMENT.
The provisions of this ordinance shall apply to all residents of the Town of Vienna who install, erect, or replace mailboxes along Town of Vienna road right-of-ways after the publication date of this ordinance.
This ordinance shall be enforced by the officers of the Town of Vienna
SECTION 2. INTENT.
- The intent of this ordinance is to require that accessible mailboxes be placed upon road right-of-ways in such a manner that allows for efficient snow clearance and the maintenance of road right-of-ways.
SECTION 3. GENERAL
REQUIREMENTS
All mailboxes shall meet U.S. Post Office, federal, and state requirements.. The front of all mailboxes and any optional boxes must be at least three (3) feet from the paved portion of the road surface. The mailbox container must be at least forty-two (42) inches, but not exceed forty-eight (48) inches, above the road surface. All mailbox posts shall be designed to break away or break off upon the impact with any vehicle.
SECTION 4. SPECIFIC REQUIREMENTS FOR NEW MAILBOXES IN NEWLY PLATTED SUBDIVISIONS.
The specific requirements for all new mailboxes in the Nature Valley subdivision and any other newly platted subdivisions within the Town of Vienna after the publication date of this ordinance are as follows: All mailboxes, unless otherwise designated in writing by the Town, shall be placed on the left side of the roadway (north to south and east to west to be determined by local Postmaster). The Town of Vienna may elect to erect the mailbox post(s) and mailbox platform(s). The cost of materials and labor for the erection of any mailbox post(s) and plat form(s) will be paid by the resident, and such cost shall be shared equally by all properties served by the mailbox(s) and mailbox platform(s). Unless otherwise designated in writing by the Town, all mailbox post(s) and platform(s) shall be placed at the property line between residences and shall be designed to accommodate up to four (4) individual mailboxes and optional newspaper boxes. It shall be the responsibility of the residents served by the mailbox platform(s) to place and secure their individual mailbox containers on the mailbox platform. Due to weather conditions temporary mailbox placement may be used by residents until such time as the permanent mailbox platform(s) are erected or installed by the Town or upon thirty (30) days written notice to residents. Such permanent mailbox platform(s) shall be erected or installed as soon as the Town determines that weather conditions will permit such installation. All temporary mailboxes shall be removed at such time as the permanent mailbox platform(s) are erected. All temporary mailbox placements shall be subject to the general requirements of this ordinance. The Town may impose additional requirements to the requirements contained in this ordinance where necessary for public safety, efficient snow clearance ,or maintenance of road right-of-ways. The cost or expense of the Town in erecting, installing, or repairing any mailbox post or platform, subject to Section 5, shall be paid by the resident. In the event any resident fails to pay such charges may be placed upon the tax rolls as a special assessment.
SECTION 5. MAILBOX PLACEMENT.
The Town of Vienna will replace mailboxes damaged only along Town roads where it has been determined that:
- Physical damage, which can be proven and documented by the resident of the Town, was caused by actual Town equipment contact;
- The mailbox is of standard design and placed in conformance with this ordinance, and
- The existing installation, mailbox, and mailbox post were in good condition and repair.
The Town of Vienna will not replace mailboxes damaged only along Town roads where the Town has been determined that:
- The mailbox was not of standard design or not placed in conformance with this ordinance even though it may have been damaged by Town equipment;
- The mailbox, post, and installation were not in good condition and repair; and
- Evidence indicates that the weight of plowed snow resulted in the damage to the mailbox and/or post.
The replacement of mailboxes by the Town of Vienna shall be limited to a minimum standard U.S. Post Office mailbox with a standard 4" x 4" treated wood post. Special decorative mailboxes and/or posts will not be provided. If the resident wishes to install a decorative mailbox and/or post that meets standards, it shall be at the resident s expense. Replacement of mailboxes in the Nature Valley subdivision and any other newly platted subdivisions shall be in accordance with Sections 4 and 5. The Town will deliver a mailbox and/or post within ninety-six (96) hours of notification of damage provided it has been determined that it is the Town s responsibility to provide the replacement materials as indicated by this Section.
SECTION 6. PENALTIES.
In the event that any mailbox is deemed to be an obstruction or a road maintenance problem by the Town road maintenance personnel, the owner of the mailbox shall be notified in writing that the mailbox does not comply with the Town of Vienna Mailbox Ordinance standards and shall be repaired or replaced. Upon such notification, the resident shall have fifteen days (15) to make corrections in order to come into compliance with this ordinance. Any and all costs of repair or replacement shall be paid for by the resident and if any resident fails to pay the same, such costs may be placed upon the tax rolls as a special assessment.
Mailboxes installed or maintained in violation of this ordinance shall be subject to removal pursuant to Section 86.04, Wis. Stats.
The Town may take such other enforcement action as permitted under the laws of the state of Wisconsin.
If the Town, pursuant to Section 6, is successful in any enforcement action, all Town costs, including reasonable attorneys’ fees and costs, shall be charged against the resident; and if the resident fails to pay the same, such costs may be placed upon the tax rolls as a special assessment.
SECTION 7. TOWN NOT RESPONSIBLE
FOR DAMAGE.
Except as specifically provided in this ordinance, the Town of Vienna shall have no responsibility or obligation for the repair or replacement of mailboxes or supports which may become damaged in the course of Town road maintenance activities regardless of whether the location requirements of this ordinance have been followed.
SECTION 8. SEVERABILITY.
If any section, subsection, paragraph, clause, sentence, phrase, or word contained in this ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portion of this ordinance, which shall remain in full force and effect and, to this end, the provisions of this ordinance are hereby declared to be severable.
SECTION 9. EFFECTIVE DATE.
This ordinance shall be effective after adoption by the Town Board and
publication and/ or posting as provided by law.
The foregoing ordinance was adopted at a regular meeting of the Town of Vienna Board held on January 3, 2005. Signed and dated January 12, 2005.
Carlton B. Hamre, Town of Vienna Chair
Daniel Muxfeld, Town of Vienna Supervisor
Lloyd Simpson, Town of Vienna Supervisor
ATTEST: Robert Pulvermacher, Town of Vienna Clerk
PUBLICATION DATE: Jan. 20, 2005
