[HISTORY: Adopted by the Common Council of the City of Shawano 4-7-1982 by Ord. No.
872 as Ch. 7 of the 1982 Municipal Code. Amendments
noted where applicable.]
[Amended by Ord. No. 865]
(1)
State statutes adopted. The provisions of W.S.A. Ch. 125, relating
to the sale of intoxicating liquor and fermented malt beverages, except
W.S.A. ss. 125.09(6), 125.11(1), 125.14(4), 125.59[1] and 125.66, exclusive of any provisions thereof relating
to the penalty to be imposed or the punishment for violation of said
statutes, are hereby adopted and made a part of this chapter by reference.
(a)
"Class
B" liquor – The City of Shawano elects to be governed under
Wisconsin State Statute 125.51(3)(b) to provide for the sale of intoxicating
liquor in its sealed/original container for off-premise consumption
as allowed by said statutes.
[Added 3-10-2022 by Ord. No. 1989]
[1]
Editor's Note: W.S.A. ss. 125.14(4) and 125.59 were repealed
by 1989 Act. 253.
(2)
Licenses.
[Amended 2-7-2018 by Ord.
No. 1935]
(a)
When required. No person, except as provided by Subsection (1) above,
shall distribute, vend, sell, offer or keep for sale at retail or
wholesale, deal or traffic in, or, for the purpose of evading any
law or ordinance, give away any intoxicating liquor or fermented malt
or cause the same to be done, without having procured a license or
permit as provided in this section, nor without complying with all
the provisions of this section and all statutes, ordinances and regulations
of the state and City applicable thereto.
(b)
Separate license required for each place of sale. A separate license
shall be required for each stand, place, room or enclosure or for
each suite of rooms or enclosures which are in direct connection or
communication where intoxicating liquor or fermented malt beverages
are kept, sold or offered for sale; and no license shall be issued
to any person for the purpose of possessing, selling or offering for
sale any intoxicating liquor or fermented malt beverage in any dwelling
house, flat or residential apartment.
(c)
Designated municipal official. For purposes of this subsection, the
designated municipal official authorized to issue an operator's license
is the City Clerk/Deputy Clerk.[2]
[Added 4-8-2020 by Ord.
No. 1984]
[2]
Editor's Note: Authorized pursuant to 2019 Wisconsin Act 166:
which amended Wisconsin Statute Section 125.17(1) to indicate that
the municipal governing body may by ordinance authorize a designated
municipal official to issue operator's licenses.
(3)
License fees. There shall be the following classes and denominations
of licenses which, when issued by the Clerk-Treasurer under the authority
of the Council after payment of the fee hereinafter specified, shall
permit the holder to sell, deal or traffic in intoxicating liquor
or fermented malt beverages. Unless specifically provided, the fee
for a license required under this section obtained during the license
year shall not be prorated.
[Amended 2-7-2018 by Ord.
No. 1935]
(a)
Class "A" fermented malt beverage retailer's license: as set by Council
resolution.
[Amended by Ord. No. 965; 12-8-1999 by Ord. No. 1438]
(b)
Class "B" fermented malt beverage retailer's license: as set by Council
resolution. Class "B" fermented malt beverage retailer's licenses
for brewers shall be issued pursuant to W.S.A. s. 125.31(1).
[Amended by Ord. No. 1105; 12-8-1999 by Ord. No. 1438]
(c)
Wholesaler's fermented malt beverage license: as set by Council resolution.
[Amended 12-8-1999 by Ord. No. 1438]
(d)
Special wholesaler's license: as set by Council resolution.
[Amended 12-8-1999 by Ord. No. 1438]
(e)
Beverage operator's license: as set by Council resolution.
[Amended by Ord. No. 990; Ord. No. 1287; 12-8-1999 by Ord. No. 1438]
(em)
Temporary beverage operator's license. A temporary
beverage operator's license may be issued only to operators employed
by or donating their services to nonprofit corporations. No person
may hold more than one license of this kind per year. This license
is valid for any period from one day to 14 days, and the period for
which it is valid shall be stated on the license. The license fee
shall be as set by Council resolution no matter how long the license
shall be valid.
[Added by Ord. No. 951; amended by Ord. No.
990; Ord. No.
1286; 12-8-1999 by Ord. No. 1438]
(f)
Retail "Class A" liquor license: as set by Council resolution.
[Amended 12-8-1999 by Ord. No. 1438]
(g)
Retail "Class B" liquor license: as set by Council resolution.
[Amended 12-8-1999 by Ord. No. 1438]
(i)
Part-time or semiannual liquor licenses shall be issued pursuant
to W.S.A. s. 125.51(9). Such licenses are not renewable during the
calendar year in which issued.
[Amended 9-8-1999 by Ord. No. 1419]
(j)
Picnic license. Issued to organizations enumerated in W.S.A. s. 125.26(6),
for a fee as set by Council resolution per particular picnic or similar
event for no more than three consecutive days.
[Amended 12-8-1999 by Ord. No. 1438]
(jm)
Temporary "Class B" wine license. Issued to churches
and church organizations to sell or serve wine of not more than 6%
alcohol by volume at a picnic, meeting or gathering; as set by Council
resolution. See W.S.A. s. 125.51(4m). This paragraph is not intended
to and shall not apply to church services.
[Added by Ord. No. 954A; amended 12-8-1999 by Ord. No. 1438]
(l)
Provisional operator's license. A provisional operator's license
may be issued pursuant to W.S.A. s. 125.17(5). Said license may be
issued to a person who has applied for an operator's license, and
a provisional license may not be issued to any person who has been
denied a license by the Council. The fee for the license shall be
as set by Council resolution. The provisional license shall expire
60 days after its issuance or when a license under Subsection (3)(e)
above is issued to the holder, whichever is sooner. The Clerk-Treasurer,
who issued the provisional license, may revoke the license if the
Clerk-Treasurer discovers that the holder of the license made a false
statement on the application.
[Added by Ord. No. 1115; amended by Ord. No.
1290; 12-8-1999 by Ord. No. 1438]
(m)
"Class C" wine license: as set by Council resolution.
[Added by Ord. No. 1139; amended 12-8-1999 by Ord. No. 1438]
(n)
Reserve "Class B" licenses.
[Added 8-12-1998 by Ord. No. 1370(A)]
1.
RESERVE "CLASS C AND B" LICENSE
Definitions.
The meaning defined in W.S.A. s. 125.51(4)(a)4, and as said
subsection may be amended.
2.
Fee. The fee for Reserve "Class B" license shall be as set by Council
resolution.
[Amended 12-8-1999 by Ord. No. 1438]
3.
Exemptions. The fee for the initial issuance of a Reserve "Class
B" license to a bona fide club or lodge situated and incorporated
in the State of Wisconsin for at least six years is exempt from said
initial issuance fee as set by Council resolution.
[Amended 12-8-1999 by Ord. No. 1438]
4.
Grant or rebate of fee.
[Added 6-9-1999 by Ord. No. 1404]
a.
In the event the Wisconsin Legislature amends the state law
requiring municipalities to charge an amount not less than $10,000
for a Reserve "Class B" license and if said amendment allows municipalities
to charge a lesser fee than $10,000, and to refund part of said fee,
then the City intends to refund part of the license fee to any holder
of such license. In the event that there is litigation involving the
issue of whether municipalities can grant or rebate a portion of the
ten-thousand-dollar fee that currently has been charged by the City
of Shawano for said license, and if said litigation results in a decision
allowing a municipality to grant or rebate a portion of said fee to
the applicant for such license, then the City desires to grant a portion
of the ten-thousand-dollar fee to the applicant. Said refund and/or
grant will be based upon the following formula with said refund and/or
grant not to exceed $9,500 or a lesser amount based upon applicable
changes to statutory or case law:
b.
The applicant shall submit appropriate documentation to the
City Clerk's office one year after the applicant has been issued said
license. The Clerk shall then verify from the appropriate records
whether the applicant is entitled to any refund or grant pursuant
to the formula set forth above. If a refund/grant is due, the Clerk
shall refund the appropriate amount to the applicant within 30 days
after receiving appropriate documentation from the applicant.
(o)
"Class
B" (wine only) license per § 125.53, Wis. Stats.; fee as
set by Council resolution.
[Added 5-11-2016 by Ord.
No. 1895]
(4)
Payment of license fees. License fees required under this section
shall be paid by the applicant when the applicant is notified by the
Clerk-Treasurer of the granting of a license. No license applied for
and granted shall be issued until the appropriate license fee is received
by the Clerk-Treasurer. In addition, the applicant shall pay to the
Clerk-Treasurer the amount of any publication fee that the City has
incurred. Said publication fee must be paid for before the appropriate
license shall be issued. Granting of a license shall be by the Council
upon the recommendation of the Finance Committee.
[Amended 6-8-2011 by Ord. No. 1784]
(5)
License restrictions. In addition to the requirements imposed by provisions of the Wisconsin Statutes adopted by reference in Subsection (1) above, the following restrictions shall apply to the issuance of licenses or permits pursuant to this section:
[Amended by Ord. No. 935; Ord. No. 956; Ord. No. 966; Ord. No. 1024; Ord. No. 1024A; Ord. No. 1054; Ord. No.
1114; 9-8-1999 by Ord. No. 1419; 2-9-2000 by Ord. No. 1444; 10-7-2009 by Ord. No. 1758; 4-21-2015 by Ord. No. 1867]
(a)
Requirements for licenses. No license or permit shall be issued to
any person who has not attained the legal drinking age; who does have
an arrest or conviction record, subject to W.S.A. ss. 111.321, 111.322
and 111.335; who has not been a resident of this state continuously
for at least 90 days prior to the date of application; nor, subject
to W.S.A. ss. 111.321, 111.322 and 111.335, shall any license be issued
to any natural person who has habitually been a law offender or has
been convicted of a felony unless the person has been duly pardoned.
This subsection shall not apply to Wisconsin corporations but shall
apply to all officers and directors of such corporations. The ninety-day
residency requirement, as set forth herein, shall not apply to applicants
for operators' licenses or to applicants for managers' licenses; provided,
however, that managers' licenses may be issued only to applicants
who are residents of this state at the time of issuance. In addition,
the Common Council shall consider various factors that have been adopted
by the Common Council as a policy of the City in determining whether
a license or permit shall be issued to any person.
(b)
Effect of revocation of license. No license shall be issued for any
premises if a license covering such premises has been revoked within
six months prior to application. No license shall be issued to any
person who has had a license issued pursuant to this section revoked
within 12 months prior to application. The first sentence of this
paragraph shall not apply when the premises is owned by a person other
than the licensee or a person operating the premises at the time of
the revocation. In addition, the prior licensee who has his or her
license revoked shall not be an employee of the subsequent licensee
or be affiliated with the subsequent licensee in any way.
(c)
Inspection of application and premises. The Clerk-Treasurer shall
notify the Health Officer, Chief of Police and Building Inspector
of all license and permit applications, and these officials shall
inspect, or cause to be inspected, each application and premises to
determine whether the applicant and the premises sought to be licensed
comply with the regulations, ordinances and laws applicable thereto
and the applicant's fitness for the trust to be imposed. These officials
shall furnish to the Council, in writing, the information derived
from such investigation. No license or permit provided for in this
section shall be issued without the approval of the Council.
(d)
Health and sanitation. No license shall be issued for any premises
which does not conform to the sanitary, safety and health requirements
of the Wisconsin Department of Commerce and the State Board of Health
and to all such ordinances and regulations adopted by the City.
(f)
Cessation of operation.
1.
In the event that a licensee does not open for business for at least
125 days during the license period or if it is closed and not operating
for any period of 90 consecutive days or more, the Common Council
may commence action for suspension, revocation or non-renewal pursuant
to § 125.12, Wis. Stats., and/or pursuant to § 7-10
herein.
2.
Any licensee holding a license to sell alcoholic beverages who abandons
such business shall forfeit any right or preference the licensee may
have through the holding of or renewal of such license. Abandonment
shall be sufficient grounds for revocation of any alcohol beverage
license. The closing/losing of the licensed premises for at least
six months shall be prima facie evidence of the abandonment, unless
extended by the Council.
(g)
Supervision. For all licensed premises operating under a Class A
liquor or fermented malt beverage license, it shall be required that
the licensee or a member of his or her immediate family of legal drinking
age, if an individual, or a duly licensed beverage operator be on
the premises and in charge at all times. For purposes of this section,
"in charge" is defined to mean not less than visual supervision. For
a Class A establishment which is open after 9:00 p.m., no operator
need be present after 9:00 p.m.
(h)
Review prior to approval. No license or permit shall be issued to
any person or officer or director of a corporation unless the application
therefor shall first have been reviewed and a recommendation received
from the Police Department. The foregoing prerequisite shall apply
to both original and renewal applications. The Clerk and/or designee
shall have the authority to issue provisional operator's and picnic
licenses, as well as temporary amendments to alcohol-licensed premises,
upon receiving a completed application, payment of the appropriate
license fee and approval from the Police Department.
[Amended 10-7-2015 by Ord. No. 1883; 10-11-2023 by Ord. No. 2024]
(i)
Waiting period for license issued pursuant to W.S.A. s. 125.26(6).
Pursuant to W.S.A. s. 125.04(3)(f)3, all applications for licenses
to be issued under W.S.A. s. 125.26(6) for a picnic or other gathering
lasting less than four days shall be filed with the Clerk-Treasurer
at least three days prior to the granting of the license.
(j)
Training course for operator's license.
1.
Pursuant to W.S.A. s. 125.17(6), no operator's license may be issued
to an applicant unless the applicant has successfully completed a
responsible beverage server training course pursuant to W.S.A. s.
125.17(6) or unless the applicant fulfills one of the following requirements:
2.
The Council may issue a provisional operator's license, pursuant
to Subsection (3)(1) above, to a person who is enrolled in a training
course pursuant to W.S.A. s. 125.17(6)(a), and shall revoke the license
if the applicant fails successfully to complete the course in which
he or she enrolls.
(k)
Guideline for granting/denying liquor licenses. No license or permit
shall be issued unless the applicant meets the guidelines for the
granting/denying of liquor licenses, said guidelines being adopted
by Council resolution and which guidelines are on file at the City
Clerk's office.
(6)
Closing hours.
(a)
Class B licenses. No premises for which a retail Class B liquor or
fermented malt beverage license has been issued shall remain open
for the sale of liquor or beer between 2:00 a.m. and 6:00 a.m., subject
to the following exceptions:
[Amended by Ord. No. 1005]
(b)
"Class A" liquor license. No premises for which a retail "Class A"
liquor license has been issued shall remain open for the sale of liquor
or beer between 9:00 p.m. and 6:00 a.m.
[Amended 1-9-2019 by Ord.
No. 1963]
(c)
Presence on premises after closing. It shall be unlawful for any
person to remain in any licensed premises after closing except for
reasons and under conditions herein provided. Any licensee desiring
to make repairs or perform work incidental to the care or maintenance
of such premises during closing hours shall be allowed to do so. Notwithstanding
the provisions of this subsection, the licensee shall comply with
the other provisions of Subsection (8) below.
(d)
Licensed premises must be able to be observed. During closing hours,
the premises shall be illuminated sufficiently and able to be observed
by a police officer from without.
[Amended 4-21-2009 by Ord. No. 1747]
(7)
Hours of sale for packaged goods.
(a)
Class B premises. Between the hours of 12:00 midnight and 8:00 a.m.,
no person may sell intoxicating liquor or fermented malt beverage
on any Class B licensed premises in an original unopened package,
container or bottle or for consumption away from the premises, except
on December 24 no such sale shall be made between 6:00 p.m. and 8:00
a.m.
(b)
Class A premises. Between the hours of 9:00 p.m. and 8:00 a.m., no
person may sell intoxicating liquor or fermented malt beverage on
any Class A licensed premises in an original unopened package, container
or bottle or for consumption away from the premises, except on December
24 no such sale shall be made between 6:00 p.m. and 8:00 a.m.
(8)
Search of licensed premises. It shall be a condition of any license
issued hereunder that the licensed premises may be entered and inspected
at any reasonable hour by any police officer of the City without any
warrant, and the application for a license hereunder shall be deemed
a consent to this provision. Any refusal to permit such inspection
shall automatically operate as a revocation of any license issued
hereunder and shall be deemed a violation of this section.
(9)
Posting licenses. Licenses or permits issued under this section shall
be posted and displayed as provided in W.S.A. s. 125.04(10), and any
licensee or permittee who shall fail to post his or her license or
permit as therein required shall be presumed to be operating without
a license.
(10)
Revocation and suspension of licenses.
(a)
Procedure. Except as hereinafter provided, the provisions of
W.S.A. s. 125.12(2) and (3) shall be applicable to proceedings for
the revocation and suspension of all licenses or permits granted under
this section. Revocation or suspension proceedings may be instituted
by the Council upon its own motion by adoption of a resolution.
(b)
Repossession of license or permit. Whenever any license or permit
under this section shall be revoked or suspended pursuant to this
section, it shall be the duty of the Clerk-Treasurer to notify the
licensee or permittee of such suspension or revocation and to notify
the Chief of Police, who shall take physical possession of the license
or permit wherever it may be found and file it in the Clerk-Treasurer's
office.
(11)
Quotas.
(a)
Class "A" fermented malt beverage retailers' licenses. Seventeen
such licenses shall be available for issuance. Said number is established
by the Council in order to set the number of licenses available for
issuance at that number which presently are outstanding. No such license
shall be issued without the prior approval of the Council and, in
addition, no license shall be issued to:
[Amended 4-16-1996 by Ord. No. 1296; 1-9-2002 by Ord. No. 1505]
1.
A person who does not meet the requirements provided in Subsection
(5)(a) above.
2.
A person who is not a qualified elector of the County of Shawano.
3.
A person whose license issued under this section has been revoked
for cause.
4.
A person who, at the time of application for renewal of any
license issued hereunder, would not be eligible for such license upon
a first application.
5.
A partnership, unless all of the members of such partnership
shall be qualified to obtain a license pursuant to this subsection.
6.
A corporation, if any officer, manager or director thereof or
any stockholder owning in the aggregate more than 5% of the stock
of such corporation would not be eligible to receive a license hereunder
for any reason other than citizenship and residence within the political
subdivision.
7.
A person whose place of business is conducted by a manager or
agent unless said manager or agent possesses the same qualifications
required of the licensee.
8.
A person who operates a business which has 50% or more of gross
sales of products other than intoxicating liquor, fermented malt beverages
and groceries.
(b)
"Class A" intoxicating liquor licenses. The quota of retail
"Class A" liquor licenses is 10. Said quota is intended to reflect
the prior existing policy of the Council of allowing one such license
per 1,500 population or fraction thereof and is also intended to acknowledge
the acquisition of two such licensed premises as a result of annexation.
[Amended by Ord. No. 1206; 7-22-2003 by Ord. No. 1561]
(12)
LEGAL DRINKING AGE
UNDERAGE PERSON
Definitions. As used in this section, the following definitions apply:
[Added by Ord. No. 955]
Twenty-one years of age, but also includes those persons
who have attained the age of 19 on or before August 31, 1986.
A person who has not attained the legal drinking age.
(13)
Sales to underage persons restricted. No alcohol beverage shall be
sold, dispensed, given away or furnished to any underage person unless
he or she is accompanied by a parent, guardian or spouse who has attained
the legal drinking age.
[Added by Ord. No. 955]
(14)
Underage person; presence in places of sale.
[Added by Ord. No. 955]
(a)
Restrictions. Pursuant to W.S.A. s. 125.07(3), an underage person
not accompanied by his or her parent, guardian or spouse who has attained
the legal drinking age may not enter or be on any premises for which
a license or permit for the retail sale of alcohol beverages has been
issued, for any purpose except the transaction of business pertaining
to the licensed premises with or for the licensee or his or her employee.
The business may not be amusement or the purchase, receiving or consumption
of edibles or beverages or similar activities which normally constitute
activities of a customer of the premises.
(b)
Exceptions. Subsection (14)(a) above shall not apply to:
1.
An underage person who is a resident, employee, lodger or boarder
on the licensed premises.
2.
An underage person who enters a "Class A" premises for the purpose
of purchasing edibles and soft drinks and immediately thereafter leaves
such premises.
3.
Hotels, drug stores, grocery stores, bowling alleys, athletic
fields or stadiums owned by a county or municipality.
4.
Ski chalets, golf clubhouses, curling clubs and private tennis
clubs.
5.
Licensed restaurants where the principal business is that of
a restaurant.
6.
A person who is at least 18 years of age and who is working
under a contract with the licensee to provide entertainment for customers
on the premises.
7.
An underage person who enters on Class "B" or "Class B" premises
on dates specified by the licensee when no alcohol beverages will
be consumed, sold or given away. The licensee shall notify the Police
Department of such specified dates; unless all alcohol beverages are
stored in a locked portion of the premises, the licensee or a licensed
operator must be on the premises at all times.
(15)
Underage person; consumption and possession of alcohol beverages.
[Added by Ord. No. 955]
(a)
Restrictions. Pursuant to W.S.A. s. 125.07(4)(b) and (bm), no
underage person not accompanied by a parent, guardian or spouse who
has attained the legal drinking age may knowingly possess or consume
alcohol beverages.
(b)
Exceptions. An underage person may possess alcohol beverages
if employed by any of the following:
1.
A brewer.
2.
A fermented malt beverages wholesaler.
3.
A permittee other than a Class "B" or "Class B" permittee.
4.
A facility for the production of alcohol fuel.
5.
A retail licensee or permittee under the conditions specified
in W.S.A. s. 125.32(2) or 125.68(2), or for delivery of unopened containers
to the home or vehicle of a customer.
(c)
Selling or serving alcohol beverages. Pursuant to W.S.A. s.
125.32(2) and 125.68(2), any underage person who is at least 18 years
of age may sell or serve alcohol beverages on any Class A or Class
B premises, provided that such underage person is under the immediate
supervision of the licensee, agent or manager, or a licensed operator,
who is on the premises at the time of such sale or service.
(16)
Demerit point system.
[Added 10-7-2009 by Ord. No. 1759]
(a)
Purpose. The purpose of this section is to administratively
interpret that portion of the City of Shawano Municipal Code relating
to alcohol beverage violations and to establish an alcohol beverage
demerit point system to assist in determining which license holders
should be subject to suspension or revocation.
(b)
Point Schedule. The scheme of demerit points is listed according
to the type of alcohol beverage violations. This demerit point system
is used to identify habitually troublesome license holders who have
repeatedly violated state statutes and City of Shawano municipal codes,
for the purpose of recommending suspension or revocation of their
alcohol beverage license.
Type of Violation
|
Point Value
| |
---|---|---|
Failure to be licensed
|
100
| |
False statement or information on application
|
50
| |
Failure to supervise
|
25
| |
Violation of closing hours
|
50
| |
On premises after closing hours
|
50
| |
Failure to light premises
|
25
| |
Carryouts after hours
|
50
| |
Failure to post license
|
25
| |
Transfer of license without permission, including operating
on another's license
|
100
| |
Sale to underage person
|
75
| |
Sale to intoxicated person
|
75
| |
Underage person on premises
|
75
| |
Failure to keep proper book
|
25
| |
Injury or death by providing alcohol to underage persons
|
200
| |
Allowing unlawful activities on premises
|
100
| |
No licensed bartender
|
50
| |
Sell, dispose or open after hours
|
50
| |
Licensed premises to be safe and sanitary
|
25
| |
Intoxicated bartender
|
50
| |
Allowing disorderly conduct on premises
|
50
| |
Refusal to allow police to search premises or refusal to cooperate
with a lawful police investigation
|
75
| |
Licensee permitting person to leave licensed premises with open
alcohol beverage
|
25
| |
Failure to notify police or render assistance
|
50
|
(c)
Violations, how calculated.
[Amended 8-12-2015 by Ord. No. 1875]
1.
In determining the accumulated demerit points against a licensee,
the points shall be counted within a twelve-month period. The date
of the violation shall be used as the basis for assigning demerit
points. For violations continuing for more than one calendar day,
each day shall constitute a separate violation. Points shall be assigned
only after conviction for such violations.
2.
Demerit points shall be assessed after entry of a judgment of
conviction in a federal, state or municipal court for violation of
federal law, state law or local ordinance. The Finance Committee may
take notice of any such conviction without the need for further evidence
to establish the violation.
(d)
Suspension and revocation of license.
[Amended 8-12-2015 by Ord. No. 1875]
1.
The Finance Committee shall use § 7.01(16)(d) as a guideline to determine the appropriate sanction, if any, to the license holder who has accumulated demerit point violations.
2.
For demerit points totaling 50 to 300 within a twelve-month
period, the Finance Committee may mail a notice by first-class mail
to the licensee commanding the licensee to appear the Committee for
a meeting to discuss the licensee's accumulation of demerit points
under this chapter. In the alternative, the Committee may issue a
formal written warning to the licensee of the consequences of additional
violations and the accumulation of additional demerit points. Such
warning letter shall be signed by the Committee Chairperson.
3.
If the demerit points exceed 300 within a rolling twelve-month
period, the Committee may recommend that a formal hearing on the revocation,
suspension or non-renewal of the licensee's license shall be undertaken
by the City of Shawano Common Council. If a hearing is held before
the City of Shawano Common Council, and the Council finds that the
demerit points that have been accumulated by a licensee total 300
to 500 demerit points within a twelve-month period, the Council may
suspend the license and if a suspension occurs, it shall be for a
period of not less than three days nor more than 30 days. If the demerit
point accumulation exceeds 500 demerit points, the City of Shawano
Common Council may suspend said license for up to six months or may
revoke said license.
4.
The procedure to be used for revocation, suspension or nonrenewals
shall be that found in § 125.12, Wis. Stats. The decision
of the Common Council shall be a final determination and shall be
subject to review in court as may be provided by law.
[Amended 12-8-1999 by Ord. No. 1438]
No person shall sell cigarettes in the City without first obtaining
a license from the Clerk-Treasurer. The provisions of W.S.A. s. 134.65
are hereby adopted and made a part of this section by reference. The
license fee shall be as set by Council resolution.
(1)
AMUSEMENT DEVICE
GAMBLING DEVICE
SLOT MACHINE
Definitions. The following terms as used in this section shall be
construed as follows:
Any machine operated by coin or token, commonly referred
to as pinball machine, marble machine, shooting gallery, etc., and
music machine or jukebox, shuffle board, Keeno and any and all other
devices when set up and operated in any established place of business
for profit, the operation of which involves a skill feature.
Any instrument, device or thing used for gambling or playing
any game of chance for money or any other thing of value.
Any instrument or device which is operated by the insertion
of any coin or token and which may entitle the operator to any money,
token, merchandise or other thing of value as a prize or award.
(2)
Gambling devices prohibited. No person shall set up for operation,
operate, lease or distribute for the purpose of operation, any gambling
device or slot machine.
(3)
Registration of amusement device. It shall be unlawful for any person
to own or provide any amusement device or for any person to maintain
or permit the maintenance of any such amusement device on premises
owned or under control of any such person without first obtaining
a license for each such device from the Clerk-Treasurer. The applicant
shall provide any information required to identify the device licensed.
The license fee shall be as set by Council resolution, and the license
shall be valid until the next succeeding July 1. The license, when
issued, shall be posted in a conspicuous place on or near the device
so licensed. Nothing herein shall be construed to authorize the licensing
of slot machines or gambling devices.
[Amended 12-8-1999 by Ord. No. 1438]
(4)
Prohibited practices and restrictions. No person shall use any device
licensed under this section as a gambling device, and no licensee
shall permit any person to use any machine licensed hereunder for
gambling purposes, nor shall the possessor of any such device permit
any intoxicated person or a person under 18 years of age to engage
in and play such a device.
[Amended 9-8-1999 by Ord. No. 1419]
(5)
Regulations. The Mayor, Chief of Police or any other police officer
or special investigator of the City may seize or cause to be seized
any gambling device or slot machine or nonregistered amusement device.
The ownership or possession of any gambling device, slot machine or
nonregistered amusement device is declared to be a violation of this
section. "Possession," as herein used, shall mean the physical presence
of a prohibited device in or upon any premises under the management
or control of the person charged as possessor.
[1]
Editor's Note: Former § 7.04, Closing out sales,
added by Ord. No. 958, as amended, was repealed 6-11-2014 by Ord.
No. 1849.
[Amended by Ord. No. 1133; 2-10-1999 by Ord. No. 1396]
(1)
Registration required. It shall be unlawful for any transient merchant
to engage in sales within the City of Shawano without being registered
for that purpose as provided herein.
(2)
CHARITABLE ORGANIZATION
CLERK
MERCHANDISE
PERMANENT MERCHANT
(a)
(b)
(c)
TRANSIENT MERCHANT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes any benevolent, philanthropic, patriotic person,
partnership, association or corporation, or one purporting to be such.
The City Clerk.
Includes personal property of any kind, and shall include
merchandise, goods or materials provided incidental to services offered
or sold. The sale of merchandise includes donations required by the
seller for the retention of goods by a donor or prospective customer.
Any person who, for at least one year prior to the consideration
of the application of this section to said merchant:
Has continuously operated an established place of business in
the local trade area among the communities bordering the place of
sale; or
Has continuously resided in the local trade area among the communities
bordering the place of sale and now does business from his or her
residence; or
Has purchased a "going" business where his or her predecessor
in business has met the qualifications of either Subsection (2)(a)
or (2)(b) above.
Any individual who engages in the retail sale of merchandise
at any place in this state temporarily, and who does not intend to
become and does not become a permanent merchant of such place. For
purposes of this section, sale of merchandise includes a sale in which
the personal services rendered upon or in connection with the merchandise
constitutes the greatest part of value for the price received, but
does not include a farm auction sale conducted by or for a resident
farmer of personal property used on the farm, or the sale of farm
products or produce or other perishable products at retail or wholesale
grown by the person who actually sold such products.
(3)
Exemptions. The following shall be exempt from all provisions of
this section:
(a)
Any person delivering newspapers, fuel, dairy products or bakery
goods to regular customers on established routes.
(b)
Any person selling merchandise at wholesale to dealers in such merchandise.
(c)
Any person selling agricultural products which the person has grown.
(d)
Any permanent merchant or employee thereof who takes orders at the
home of the buyer for merchandise regularly offered for sale by such
merchant within this county and who delivers such merchandise in his
or her regular course of business.
(e)
Any person who has an established place of business where the merchandise
being sold is offered for sale on a regular basis, and in which the
buyer has initiated contact with, and specifically requested, a home
visit by said person.
(f)
Any person who has had, or one who represents a company which has
had, a prior business transaction such as a prior sale or credit arrangement
with the prospective customer.
(g)
Any person selling or offering for sale a service unconnected with
the sale or offering for sale of merchandise.
(h)
Any person holding a sale required by statute or by order of any
court and any person conducting a bona fide auction sale pursuant
to law.
(i)
Any employee, officer or agent of a charitable organization who engages
in direct sales for or on behalf of said organization, provided that
there is submitted to the Clerk proof that such charitable organization
is registered under W.S.A. s. 440.41. Any charitable organization
engaging in the sale of merchandise and not registered under W.S.A.
s. 440.41, or which is exempt from that statute's registration requirements,
shall be required to register under this section.
(j)
Any person who claims to be a permanent merchant, but against whom
complaint has been made to the Clerk that such person is a transient
merchant; provided that there is submitted to the City Clerk proof
that such person has leased for at least one year, or purchased, the
premises from which he or she has conducted business in the market
area for at least one year prior to the date the complaint was made.
(k)
Any individual licensed by an examining board as defined in W.S.A.
s. 15.01(7).
(l)
Any licensed flea market held within the City in which each vendor
is limited to 700 square feet.
(m)
Any person soliciting funds for or providing information for or from
any benevolent, philanthropic, patriotic, eleemosynary person, partnership,
association or corporation, or one purporting to be such.
[Added 9-8-1999 by Ord. No. 1415]
(n)
Any church- and or school-sponsored youth groups and youth groups
such as Boy Scouts and Girl Scouts.
[Added 6-12-2013 by Ord. No. 1824]
(4)
Registration.
(a)
Applicants for registration, and any persons working for and/or employed
by the applicant for registration, must complete and return to the
City Clerk a registration form furnished by the City Clerk which shall
require the following information:
[Amended 8-13-2008 by Ord. No. 1716]
1.
Name, permanent address and telephone number, and temporary address,
if any.
2.
Age, height, weight and color of hair and eyes.
3.
Name, address and telephone number of the person, firm, association
or corporation that the transient merchant represents or is employed
by, or whose merchandise is being sold.
4.
Temporary address and telephone number from which business will be
conducted, if any.
5.
Nature of business to be conducted and a brief description of the
merchandise and any services offered.
6.
Proposed methods of delivery of merchandise, if applicable.
7.
Make, model and license number of any vehicle to be used by applicant
in the conduct of his or her business.
8.
Most recent cities, villages or towns, not to exceed three, where
applicant conducted his or her business.
9.
Place where applicant can be contacted for at least seven days after
leaving this City.
10.
Statement as to whether applicant has been convicted of any
crime or ordinance violation related to applicant's transient merchant
business within the last five years, and the nature of the offense
and the place of conviction.
(b)
Applicants shall present to the Clerk for examination:
1.
A driver's license or some other proof of identity as may be reasonably
required.
2.
A state certificate of examination and approval from the sealer of
weights and measures where applicant's business requires the use of
weighing and measuring devices approved by state authorities.
3.
A state health officer's certificate where applicant's business involves
the handling of food or clothing and is required to be certified under
state law, such certificate shall state that applicant is apparently
free from any contagious or infectious disease, dated not more than
90 days prior to the date the license application is made.
4.
Applicant's Wisconsin seller's permit, showing appropriate number
thereon for the authorized collection of sales tax within the State
of Wisconsin and within Shawano County, where the goods and/or services
to be provided are subject to Wisconsin sales or use tax and Shawano
County sales or use tax.
5.
Applications will be filed with the City Clerk at least 15 days prior
to beginning of business. The vendor will be notified within five
days of decision.
[Amended 6-9-1999 by Ord. No. 1405]
6.
Every applicant for a license, except as otherwise provided herein,
issued under this section shall file a surety bond with acceptable
surety providing that said applicant shall be fully responsible for
all sales conducted by the applicant and guaranteeing to any purchaser
of any product sold by the applicant that all money paid as a down
payment will be accounted for and applied according to the representation
of such vendor and further guaranteeing to any purchaser doing business
with such applicant that the property purchased will be delivered
and shall operate according to the representations of the vendor.
Action on such bond may be brought by the person aggrieved and for
whose benefit, among others, the bond is given. The surety may, by
paying, pursuant to order of the court, the face amount of the bond
to the clerk of court in which suit is commenced, be relieved without
costs of all further liability. The amount of such bond shall be $10,000.
Any applicant with expected sales of less than $5,000 is exempt from
purchasing a bond as set forth herein.
[Added 12-13-2000 by Ord. No. 1471]
(c)
At the time the registration is returned, a nonrefundable fee shall
be paid to the Clerk to cover the cost of processing said registration
in an amount as set by Council resolution.
[Amended 12-8-1999 by Ord. No. 1438; 11-29-2000 by Ord. No. 1470]
1.
The applicant shall sign a statement appointing the City Clerk as
his or her agent to accept service of process in any civil action
brought against the applicant arising out of any sale or service performed
by the applicant in connection with the direct sales activities of
the applicant, in the event the applicant cannot, after reasonable
effort, be served personally.
2.
Upon payment of said fee and the signing of said statement, the City
Clerk shall register the applicant as a transient merchant and note
date of entry. Said registration shall be valid for a period of one
year from the date of registration, subject to subsequent refusal
as provided in Subsection (5)(b) below.
(5)
Investigation.
(a)
Upon receipt of each application, the City Clerk may refer it immediately
to the Chief of Police, who may make and complete an investigation
of the statements made in such registration.
(b)
The City Clerk shall refuse to register the applicant if it is determined,
pursuant to the investigation above, that:
1.
The application contains any material omission or materially inaccurate
statement; or
2.
Complaints of a material nature have been received against the applicant
by authorities in the most recent cities, villages and towns, not
exceeding three, in which the applicant conducted similar business;
or
3.
The applicant was convicted of a crime, statutory violation or ordinance
violation, the nature of which is directly related to the applicant's
fitness to engage in direct selling; or
[Amended 8-13-2008 by Ord. No. 1717]
4.
The applicant failed to comply with any applicable provision of Subsection
(4)(b) above.
(6)
Appeal. Any person refused or denied registration may appeal the denial through the appeal procedure provided by Chapter 17 of this Code.
(7)
Regulation of transient merchants.
(a)
Prohibited practices.
1.
A transient merchant shall be prohibited from calling at any dwelling
or other place between the hours of 9:00 p.m. and 9:00 a.m., except
by appointment; calling at any dwelling or other place where a sign
is displayed bearing the words "No Peddlers," "No Solicitors" or words
of similar meaning; calling at the rear door of any dwelling place;
or remaining on any premises after being asked to leave by the owner,
occupant or other person having authority over such premises.
2.
A transient merchant shall not misrepresent or make false, deceptive
or misleading statements concerning the quality, quantity or characteristics
of any merchandise offered for sale, the purpose of his or her visit,
his or her identity or the identity of the organization he or she
represents. A charitable organization transient merchant shall specifically
disclose what portion of the sale price of the merchandise being offered
will actually be used for the charitable purpose for which the organization
is soliciting. Said portion shall be expressed as a percentage of
the sale price of the merchandise.
3.
No transient merchant shall impede the free use of sidewalks and
streets by pedestrians and vehicles. No transient merchant shall have
the right, without the express written authorization from the City,
to use other property owned by the City of Shawano for the conducting
of transient sale operations. Where sales are made from vehicles,
all traffic and parking regulations shall be observed.
4.
No transient merchant shall make any loud noises or use any sound-amplifying
device to attract customers if the noise produced is capable of being
plainly heard outside a one-hundred-foot radius of the source.
5.
No transient merchant shall allow rubbish or litter to accumulate
in or around the area in which he or she is conducting business.
(b)
Disclosure requirements.
1.
After the initial greeting and before any other statement is made
to a prospective customer, a transient merchant shall expressly disclose
his or her name, the name of the company or organization he or she
is affiliated with, if any, and the identity of merchandise or services
he or she offers to sell.
2.
If any sale of merchandise is made by a transient merchant, or any
offer for the later delivery of merchandise is taken by the seller,
the buyer shall have the right to cancel said transaction if it involves
the extension of credit or is a cash transaction of more than $25,
in accordance with the procedure as set forth in W.S.A. s. 423.203;
the seller shall give the buyer two copies of a typed or printed notice
of that fact. Such notice shall conform to the requirements of W.S.A.
s. 423.203(1)(a) and (c); (2) and (3).
3.
If the transient merchant takes a sales order for the later delivery
of merchandise, he or she shall, at the time the order is taken, provide
the buyer with a written statement containing the terms of the agreement;
the amount paid in advance, whether full, partial or no advance payment
is made; the name, address and telephone number of the seller; the
delivery or performance date; and whether a guarantee or warranty
is provided and, if so, the terms thereof.
(8)
Records. The Chief of Police shall report to the City Clerk all convictions
for violation of this section, and the City Clerk shall note any such
violation on the record of the registrant convicted.
(9)
Revocation of registration.
(a)
Registration may be revoked by the Common Council of the City of
Shawano after notice and hearing if the registrant made any material
omission or materially inaccurate statements in the application for
registration; made any fraudulent, false, deceptive or misleading
statement or representation in the course of engaging in transient
sales; violated any provision of this section or was convicted of
any crime or ordinance; or statutory violation which is directly related
to the registrant's fitness to engage in selling.
(b)
Written notice of the hearing shall be served personally or pursuant
to Subsection (4)(c) above on the registrant at least 72 hours prior
to the time set for the hearing; such notice shall contain the time
and place of hearing and a statement of the acts upon which the hearing
will be based.
(10)
Penalty.[1]
(a)
Any person adjudged in violation of any provision of this section
shall forfeit not less than $100 nor more than $10,000 for each violation
per day, plus costs of prosecution. Each attempt to sell merchandise
or each actual sale of merchandise in noncompliance with this section
shall constitute a separate offense hereunder.
[Amended 1-10-2007 by Ord. No. 1665]
(b)
Bond Schedule amounts. The following forfeitures shall be provided
for in the Bond Schedule which is a part of this City Code:
Violation of a 1 to 7 Day Permit
|
Violation of a 8 to 365 Day Permit
| ||
---|---|---|---|
First offense
|
$500, plus court assessments
|
$2,000, plus court assessments
| |
Second offense (within one year)
|
$750, plus court assessments
|
$3,000, plus court assessments
| |
Third offense and subsequent offenses (within one year)
|
$1,500, plus court assessments
|
$4,000, plus court assessments
|
(c)
In lieu of the filing of a cash bond and/or deposit as set forth
under W.S.A. s. 66.119,[2] the City shall have the right to detain the alleged violator
to assure appearance of said alleged violator before the Circuit Court
for Shawano County.
[2]
Editor's Note: W.S.A. s. 66.119 was renumbered 66.0113 and
amended by 1999 Act 150, §§ 274 to 277, effective 1-1-2001.
[Added by Ord. No. 1020]
(1)
License required. It shall be unlawful for any person to conduct
a sale by auction within the meaning of W.S.A. s. 130.06[1] without being licensed for that purpose. Any person desiring
to conduct a sale by auction shall apply for said license in the office
of the Clerk-Treasurer.
[1]
Editor's Note: W.S.A. s. 130.06 was repealed by 1989 Act 336.
(2)
Exemption. This section shall not apply when the sale is made by
virtue of a chattel mortgage or conditional sales contract or of a
rule, order or judgment of a court, or of some law of the state or
the United States respecting the collection of some tax or duty; or
in consequence of a general assignment of property or effects for
the benefit of creditors; or when made of property belonging to the
state or the United States; or when made by or on behalf of any executor
or administrator; or when made of his or her farm property by or on
behalf of a resident farmer who has paid the taxes lawfully levied
on his or her property; or when made of farm personal property at
a market licensed under W.S.A. s. 95.70.[2] This section shall also not apply when the sale by auction
consists solely of household furniture when used as such.
[2]
Editor's Note: W.S.A. s. 95.70 was repealed by 1993 Act 16.
(3)
License fee. The license fee shall be as set by Council resolution.
[Amended 12-8-1999 by Ord. No. 1438]
[Added 2-13-2008 by Ord. No. 1697; amended 7-9-2008 by Ord. No.
1711; 6-23-2009 by Ord. No. 1750; 10-12-2011 by Ord. No. 1797]
(1)
Authority. The City Council has the specific statutory authority,
powers and duties, pursuant to the specific statutory sections noted
in this section, including W.S.A. s. 134.71, to regulate, control,
license, register or permit persons engaged in certain uses, activities,
businesses and operations within the City, to access appropriate fees
for the licenses and to enforce, by revocation or penalty, the provisions
of this section.
(2)
Adoption by reference. Except for any provisions herein that may
be stricter, the provisions of W.S.A. s. 134.71, are adopted by reference.
(3)
Covered businesses. This section regulates pawnbrokers, secondhand article dealers and secondhand jewelry dealers operating beyond the limits allowed in the regulation and licensing of direct sellers, transient merchants and solicitors ordinance contained at § 7.05 of this Code.
(4)
"Article" means any item of value, excluding only motor vehicles,
large appliances, furniture, books, and clothing other than furs.
(5)
"Reportable transaction" means every transaction conducted by a pawnbroker
and secondhand article and jewelry dealers in which an article or
articles are received through a pawn, purchase, consignment, or trade,
or in which a pawn is renewed, extended, voided, or redeemed, or for
which a unique transaction number or identifier is generated by their
point-of-sale software, and is reportable except:
(a)
The bulk purchase or consignment of new or used articles from
a merchant, manufacturer, or wholesaler having an established permanent
place of business, and the retail sale of said articles, provided
the pawnbroker must maintain a record of such purchase or consignment
that describes each item, and must mark each item in a manner that
relates it to the transaction record. This includes any exception
as defined in W.S.A.S. 134.71.
(b)
Retail and wholesale sales or articles originally received by
pawn or purchase, and for which all applicable hold and/or redemption
periods have expired.
(6)
"Secondhand article dealer" means any person, other than an auctioneer,
who engages in the business of purchasing or selling secondhand articles,
with exceptions as stated in W.S.A.S. 134.71(g).
(7)
License application. In addition to the requirements of W.S.A. s.
134.71(5), applicants shall detail:
(a)
Any jail or prison time served greater than 30 days consecutively,
identifying the time frame served and the charge(s) that caused such
imprisonment;
(b)
Criminal record history for all owners, officers and directors,
to the same extent required of an individual;
(c)
Identifying number for sales tax with the Wisconsin Department
of Revenue.
(8)
Bond. In accordance with W.S.A. s. 134.71(7)(2), a bond is required
of pawnbrokers. The applicant shall furnish a bond issued by a commercial
bond company which has a current rating of A or better on A.M. Best
rating system, or a comparable rating of a different independent rating
firm. The initial bond amount shall be assuring reimbursement to the
City for enforcement action in the minimum amount of $1,000. This
amount may be increased as the result of any disciplinary action.
(9)
License year. Licenses are valid as follows:
(a)
For a pawnbroker, secondhand article dealer or secondhand jewelry
dealer: January 1 or a later date of issuance until the following
December 31. For a secondhand article dealer mall or flea market:
May 1 of odd-numbered year until April 30 of the next odd-numbered
year, for a two-year period.
(b)
If less than 1/2 the license time remains at the time of application
or Council consideration, the fee shall be 1/2 of the full amount.
(10)
Minors. No pawnbroker, secondhand article dealer or secondhand jewelry
dealer may engage in a transaction of purchase, receipt or exchange
of any secondhand article or secondhand jewelry from any minor, unless
the minor has the consent of an adult parent, guardian or spouse who
signs a consent form in the presence of a licensed operator or an
employee of the operator. No firearm may be sold to a minor.
(11)
When digital photos are required.
(a)
The licensee must also take a color, digitized photograph of
every item pawned or sold that does not have a unique serial or identification
number permanently engraved or affixed, excluding only electronic
media. One group photo shall suffice for mass items such as several
coins acquired in one transaction. If a photograph is taken, it must
be at least two inches in length by two inches in width and must be
maintained in such a manner that the photograph can be readily matched
and correlated with all other records of the transaction to which
they relate. Such photographs must be available to the Chief of Police,
or the Chief's designee, upon request. Items photographed must be
accurately depicted and submitted as digital images, in a format specified
by the issuing authority, electronically cross-referenced to the reportable
transaction they are associated with. Entries of required digital
images shall be retained a minimum of 90 days.
(12)
Daily reports to police.
(a)
Pawnbrokers and secondhand article and jewelry dealers must
submit every reportable transaction to the Police Department daily
in the following manner. Pawnbrokers and secondhand article and jewelry
dealers must provide to the Police Department all required information
pursuant to state statute by transferring it from their computers
to the web server via modem designated by the Shawano Police Department.
All required records must be transmitted completely and accurately
after the close of business each day in accordance with standards
and procedures established by the Police Department using procedures
that address security concerns of the pawnbroker or secondhand article
and jewelry dealer and the Police Department. The pawnbroker or secondhand
article and jewelry dealer must display a sign of sufficient size,
in a conspicuous place on the premises, which informs all patrons
that all transactions are reported daily to the Police Department.
(b)
If a pawnbroker or secondhand article and jewelry dealer is
unable to successfully transfer the required reports by modem, the
pawnbroker or secondhand article and jewelry dealer must provide the
Police Department with printed copies of all reportable transactions
by 12:00 noon the next business day.
(c)
If the problem is determined to be in the pawnbroker's or secondhand
article and jewelry dealer's system and is not corrected by the close
of the first business day following the failure, the pawnbroker or
secondhand article and jewelry dealer must provide the required reports
as detailed in state statute and shall be charged a daily penalty
of $100 beginning on the fourth business day following the initial
post or upload failure until the error is corrected, or, if the problem
is determined to be outside the pawnbroker's or secondhand article
and jewelry dealer's system, the pawnbroker or secondhand article
and jewelry dealer must provide the required reports pursuant to state
statute and resubmit all such transactions via modem when the error
is corrected.
(d)
Regardless of the cause or origin of the technical problems
that prevented the pawnbroker or secondhand article and jewelry dealer
from uploading the reportable transactions, upon correction of the
problem, the pawnbroker or secondhand article and jewelry dealer shall
upload every reportable transaction from every business day the problem
has existed.
(e)
The provisions of this section notwithstanding, the Police Department
may, upon presentation of extenuating circumstances, delay the implementation
of the daily reporting penalty.
(13)
Holding period.
(a)
General holding period. Every pawnbroker shall hold all items
pawned or pledged for security on a loan, or exchanged or purchased,
separate and apart from any other items, unchanged and unaltered from
the form it was received, for seven days for inspection by the Shawano
Police Department.
(b)
Additional holding period. The Shawano Police Department may,
at its sole discretion, cause any item pawned, pledged, or purchased,
which the Police Department has reason to believe was not pawned,
pledged or disposed of by the lawful owner, to be held for an additional
holding period deemed reasonable by the Shawano Police Department
after the elapse of the initial seven-day holding period for identification
by the lawful owner.
(14)
Discipline. Violation of this section, W.S.A. s. 134.71, or the statutes
referred to therein, or any law or activity relating to lack of honesty,
whether or not resulting in a criminal conviction, is grounds for
temporary suspension, or a one-year revocation, with imposition of
further limits on operation possible. Prior to taking any disciplinary
action, the City shall provide written notice to the licensee by personal
service or by written notice sent by fax, mail or nonoral communication
method to the last known destination of the licensee. Arrest, conviction,
or appropriate notice of violation from a governmental agency may
serve as grounds for initiating disciplinary action. In the event
the City Council finds any suspension or revocation is justified,
even if stayed, the licensee shall, within 30 days of billing, reimburse
the City's cost of enforcement as a condition of licensed operation.
Failure to reimburse shall result in automatic suspension of the license
until payment is made. The Clerk/Treasurer may insist on payment by
cash, cashier's check or postal money order. The Council may impose
new conditions on business operations when reviewing such matters.
This provision is in addition to W.S.A. s. 134.71(10).
(15)
Hours of operation. No licensed operator may conduct business except
between the hours of 8:00 a.m. and 10:00 p.m.
(1)
FLEA MARKET
FLEA MARKET OPERATOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An indoor or outdoor bazaar, mall or facility containing
numerous vendors in one location which is comprised of individual
merchants selling primarily secondhand or homemade goods.
[Amended by Ord. No. 1217]
The sponsor and promoter of a flea market.
(2)
Registration requirements. An operator of a flea market shall be a transient merchant as provided in § 7.05 of this chapter for purposes of this section and shall be subject to all of the requirements herein. In addition, such flea market operator shall apply for a blanket license by submitting a written sworn statement containing the following:
(a)
The maximum number of vendors who will be present for any particular
exhibition.
(b)
The number of exhibitions applied for and the proposed exhibition
dates.
(c)
Acceptance of responsibility for all actions of such vendors, including,
but not limited to, responsibility for all claims of misrepresentation
by any resident of the City doing business with such vendors.
(3)
Flea market license fee. In addition to other fees required under § 7.05 of this chapter, every applicant for a flea market license shall pay a fee which has been set by Council resolution.
[Amended 12-8-1999 by Ord. No. 1438]
(4)
Flea market bond. In addition to the other bond required under § 7.05 of this chapter, every applicant for a flea market license shall file a surety bond with acceptable surety providing that said applicant shall be fully responsible for all vendors exhibiting thereat and guaranteeing to any resident of the City that all money paid as a down payment will be accounted for and applied according to the representations of such vendor and further guaranteeing to any resident of the City doing business with such vendors that the property purchased will be delivered according to the representations of the vendor. Action on such bond may be brought by the person aggrieved and for whose benefit, among others, the bond is given. The surety may, by paying, pursuant to order of the court, the face amount of the bond to the clerk of court in which suit is commenced, be relieved without costs of all further liability. The amount of such bond shall be $5 times the maximum number of vendors who will be present for any particular exhibition, not to exceed $5,000.
(1)
License required. No person shall conduct a rummage or garage sale
within the City without having first obtained a license from the Clerk-Treasurer.
Before issuing the license, the Clerk-Treasurer shall refer the application
to the Building Inspector. Within seven days the Building Inspector
shall report to the Clerk-Treasurer whether or not such sale at the
proposed location is compatible with the Zoning Code of the City.[2]
(2)
License fee. The license fee shall be as set by Council resolution.
[Amended 12-8-1999 by Ord. No. 1438]
(3)
Exceptions. This section shall not apply to the following:
(a)
Sales conducted by religious, educational, charitable or civic organizations
when conducted on the premises of such organizations and when the
proceeds thereof are to be devoted for the purposes of such organization.
(b)
Sales conducted by religious, educational, charitable or civic organizations
when conducted on other premises no more than two times in any one
year. Each such sale may be held for no more than three consecutive
days and shall not be conducted between the hours of 6:00 p.m. and
8:00 a.m.
(c)
Individuals who conduct on their own premises no more than four sales
in any one year. Each such sale may be held for not more than three
consecutive days and shall not be conducted between the hours of 6:00
p.m. and 8:00 a.m.
[Amended 6-11-2014 by Ord. No. 1848]
[1]
Editor's Note: See also § 10.36(15), Rummage/garage
sale signs.
(1)
Definition of "taxicab." The term "taxicab" shall include all vehicles
transporting passengers for remuneration for which patronage is solicited
publicly. This section shall not be applicable to:
(a)
Vehicles operating on established routes which are regulated by the
Public Service Commission of Wisconsin.
(b)
Vehicles rented to be driven by the renter or his or her agent, commonly
known as "rent-a-cars."
(c)
Vehicles operated solely as funeral cars or ambulances.
(d)
Vehicles operated as a limousine service. A "limousine service" is
the transportation of a group of persons who, pursuant to a common
purpose and under a single contract, have acquired the exclusive use
of a motor vehicle, said vehicle having a greater capacity than four,
including the driver, in which to travel together as a group to a
specified destination or for a particular itinerary, either agreed
upon in advance or modified or rearranged after having left the point
of origin. It shall not be deemed a limousine service when individual
tickets are sold or individual fares are collected, irrespective of
the singleness of the contract, such situation being deemed to be
a taxicab and subject to the provisions of this section.
[Added by Ord. No. 944]
(2)
Taxicab license. No person shall, for remuneration, transport passengers
in a taxicab within the City without first having obtained a taxicab
license.
(3)
Application for taxicab license.
(a)
Application for a taxicab license to operate one or more taxicabs
or an application to operate additional taxicabs under an existing
license shall be made in writing to the Clerk-Treasurer upon forms
furnished by him or her, giving the address from which the business
is conducted and signed by the owner of the business or his or her
duly authorized agent. The application must also state for each vehicle
to be operated the make, model and year of manufacture, the engine
number, serial number and capacity for passengers, and the Wisconsin
State certificate of title number and license number.
(b)
The application shall be submitted by the Clerk-Treasurer to the
Finance Committee, which shall examine the public convenience and
necessity of granting such license.
[Amended 4-19-2005 by Ord. No. 1616]
(c)
The Finance Committee shall submit to the Council its recommendations
as to whether public convenience and necessity will be served by the
granting of the application. No license shall be granted until the
Council shall by resolution have determined that the public convenience
and necessity will be served by the service proposed in the application
for license. The Council may procure such additional information as
it may deem necessary or advisable in making such determination.
[Amended 4-19-2005 by Ord. No. 1616]
(4)
License fees. The taxicab license fee shall be as set by Council
resolution, said fee to be for the calendar year of July 1 through
June 30.
[Amended 12-8-1999 by Ord. No. 1438]
(5)
Rates of fare displayed. The licensee shall be responsible for displaying
a statement of rates of fare to be charged and also a map of the various
taxi zones in each taxicab. Such rates of fare and taxi zones shall
be so displayed as to be easily observed and read by any passenger
seated in the rear of such taxicab.
(6)
Insurance.
(a)
No taxicab license shall be issued until the applicant deposits with
the Clerk-Treasurer a policy of liability insurance covering all vehicles
to be included under the license. Such policy shall describe each
vehicle by make, model and serial number, number of passengers capable
of being accommodated therein at one time and the number of the state
motor vehicle license. Such insurance policy shall be issued by a
company licensed to do business in Wisconsin against loss from liability
in the amounts as set forth in W.S.A. s. 344.15 and s. Trans 176.06,
Wisconsin Administrative Code, whichever is higher.
[Amended 4-9-2003 by Ord. No. 1550]
(b)
The policy of insurance shall be approved by the City Attorney as
to legal form before it is filed and shall contain a provision that
the same may not be canceled before the expiration of its term except
upon 10 days' written notice to the City.
(c)
The cancellation or other termination of any insurance policy issued
in compliance with this section shall automatically revoke and terminate
all licenses issued for the vehicle covered by such insurance policy,
unless another policy shall have been filed and approved pursuant
to this section, and shall be in effect at the time of such cancellation
or termination.
(7)
Issuing of taxicab license and license plates.
(a)
After the passage of the resolution of convenience and necessity,
as provided in Subsection (3), payment of the required license fees
to the Clerk-Treasurer and filing of the policy of insurance as hereinbefore
provided, the Clerk-Treasurer shall issue to the applicant a taxicab
license. Each license granted shall be numbered and shall show the
owner's name and place of business and the number of vehicles which
may be operated thereunder.
[Amended 9-8-1999 by Ord. No. 1419]
(b)
The Clerk-Treasurer shall issue to each licensee a license plate
for each vehicle licensed. The license plates shall be of such size,
form and material as the Clerk-Treasurer may deem proper and shall
have stamped thereon the words "City of Shawano Taxicab License" to
be followed by the appropriate serial number of said license and the
period for which issued. No vehicle shall operate as a taxicab unless
such plate is securely fastened in a conspicuous place on the front
of the vehicle.
(c)
If a taxicab license plate is lost, the licensee shall secure a duplicate
thereof by applying to the Clerk-Treasurer and paying the cost thereof.
(8)
Transfer of taxicab licenses. No taxicab license shall be transferable
either from the vehicle described in the original application to another
vehicle or from the original licensee to another person without formal
permission from the Council.
(9)
Renewal. Taxicab licenses may be renewed by the Clerk-Treasurer upon
the payment of the fees and filing policies of insurance as required
in the original license.
(10)
Revocation. A taxicab license may be revoked at any time by the Council
for violation of any provision of this section, or for violation of
any provision of W.S.A. Chs. 340 to 349, or of any such statutory
provision incorporated in this Code. Such revocation may be for all
vehicles or any vehicle included under a license. When any taxicab
license is revoked, it shall be the duty of the Clerk-Treasurer to
immediately notify the licensee to cease immediately to operate the
taxicab for which the license has been revoked.
(11)
Condition of vehicles. It shall be the duty of the licensee to keep
each taxicab in a clean and sanitary condition, well painted, and
equipped and maintained as required by statute.
(12)
Taxi driver's license.
(a)
No person shall operate a taxicab unless he or she shall possess
a taxi driver's license. The fee for such license shall be as set
by Council resolution.
[Amended 12-8-1999 by Ord. No. 1438]
(b)
Each applicant shall submit in writing to the Chief of Police
on forms furnished by the Police Department a statement of the applicant's
full name; his or her present address; his or her residence for three
years past; his or her age, height, weight and color of eyes and hair;
citizenship; place of last previous employment; Wisconsin State motor
vehicle operator's license number; whether he or she has ever been
convicted of a felony or misdemeanor if the circumstances of such
offense substantially relate to the circumstances of the licensed
activity; whether he or she has ever been previously licensed as a
driver or chauffeur and, if so, when and by what authority; whether
his or her license has ever been revoked or suspended and, if so,
for what cause; and the name of the prospective employer. Applications
shall be retained as Police Department records.
(c)
No license shall be granted to any person:
1.
Who is under 18 years of age.
2.
Who does not possess a valid Wisconsin State motor vehicle operator's
license.
3.
Who has been convicted of any felony, misdemeanor or other offense
if the circumstances of such offense substantially relate to the circumstances
of the licensed activity; who is subject to a pending criminal charge
if the circumstances of the criminal charge substantially relate to
the circumstances of the licensed activity; who is not bondable where
bondability is required by law, regulation or established business
practice; or who has been convicted of driving upon the highway while
under the influence of intoxicating liquor or narcotics, unless two
years have elapsed since the date of conviction or discharge from
a penal institution, whichever is later.
(d)
Each taxi driver's license shall expire one year from its issuance.
It may be renewed upon application to the Chief of Police on a form
furnished by him or her entitled "Application for Renewal of Taxi
Driver's License," which shall show the full name and address of the
applicant and the date upon which his or her original license was
granted and the number thereof.
[Amended 8-12-1998 by Ord. No. 1368]
(e)
Upon presentation of the Clerk-Treasurer's receipt for payment
of the license fee, the Chief of Police shall deliver to each licensed
taxi driver a license of such form and style as the Chief of Police
may prescribe, with the license number thereon, which must, under
penalty of revocation of license, be constantly and conspicuously
displayed in the taxicab when he or she is engaged in his or her employment.
No driver may loan his or her license or permit another person to
use it, subject to revocation of his or her license.
(f)
The Chief of Police shall maintain a complete record of each
license issued to a driver and of all renewals, suspensions and revocations
thereof, which shall be filed with the original application.
(13)
Revocation of taxi driver's license.
(a)
The Chief of Police shall revoke a taxicab driver's license
if the licensee has, since the granting of the permit:
1.
Been convicted of a felony if the circumstances of such offense
substantially relate to the circumstances of the licensed activity.
2.
Had his or her state motor vehicle operator's license revoked
or suspended.
3.
Been convicted of driving while under the influence of intoxicating
liquor or narcotics.
4.
During any continuous six-month period has had three or more
convictions of any of the offenses set forth in W.S.A. Ch. 346 or
of any such statutory provision incorporated in this Code.
5.
When, for the preservation of the public safety, welfare, morals
or good order, the Chief of Police finds the licensee is unfit to
drive a taxicab.
(b)
Written notice of such revocation or refusal to renew shall
be given the licensee. Any person whose license shall have been revoked
or renewal refused by the Chief of Police may, within 10 days thereof,
appeal to the Council for a hearing thereon; and the Council may,
after hearing, affirm or reverse the action of the Chief of Police.
If no appeal is taken within 10 days, the action of the Chief of Police
shall be final.
(c)
The Chief of Police shall repossess each license which is revoked.
(14)
Transfer of drivers. A taxicab driver may not transfer from one taxicab
licensee to another licensee until such transfer has been recorded
in writing by the Chief of Police.
(15)
Taxicabs to be marked. Every taxicab shall be conspicuously marked
on the right and left side with the name of the licensee and the serial
number designated in the taxicab license, such letters and numbers
to be not less than 1 1/2 inches in height and of a light color
on a dark background, or dark color on a light background. A card
containing the name of the licensee, taxicab license number and rates
of fares printed thereon shall be kept in a conspicuous place inside
of such vehicle at all times.
(16)
Drivers to report accidents. It shall be the duty of each taxicab
driver to report to the Police Department within 12 hours after its
occurrence any accident resulting in any injury to persons or damage
to property wherein a taxicab driven by him or her was involved.
(17)
Rates. Upon application for license, or any renewal thereof, the
applicant shall file with the Clerk-Treasurer a statement of rates
of fare to be charged. Such rates of fare shall not be changed during
the term of one license, nor any other rates charged, without such
licensee first making application to the Council requesting a change
therein; notice of the requested change shall not be less than 30
days. No licensee shall charge any other rate than the established
rate.
[Amended 9-8-1999 by Ord. No. 1419]
(1)
License required. No person within the City shall keep, conduct or
maintain any building, structure, yard or place for keeping, storing
or piling in commercial quantities, whether temporarily, irregularly
or continually, or for the buying or selling at retail or wholesale
or dealing in any old, used or secondhand materials of any kind, including
cloth, rags, clothing, paper, rubbish, bottles, rubber, iron, brass,
copper or other metal, furniture, used motor vehicles or the parts
thereof, or other article which from its worn condition renders it
practically useless for the purpose for which it was made and which
is commonly classed as junk, whether with a fixed place of business
or as an itinerant peddler, without first having obtained and paid
for a license as hereinafter provided. One carrying on the aforesaid
business shall be referred to herein as "junk dealer."
(2)
Exception. No license shall be required for the storage of wrecked
motor vehicles stored within service garages and filling stations
or on any service garage or filling station site.[1]
[Amended 9-8-1999 by Ord. No. 1419]
(3)
Application. Application for such license shall be made in duplicate
and filed with the Clerk-Treasurer and shall be accompanied by the
license fee. Such application shall be made on a form provided by
the Clerk-Treasurer. No application shall be considered unless all
the information requested on such form is fully provided.
(4)
License fee. The license fee shall be as set by Council resolution
and shall be for the year to commence on July 1 and end on June 30
or any fraction thereof.
[Amended 12-8-1999 by Ord. No. 1438]
(5)
Inspection required. The Clerk-Treasurer shall report such application
to the Chief of Police, Health Officer, Fire Chief and Building Inspector,
who shall inspect or cause to be inspected such premises to determine
whether it complies with all laws, ordinances, rules and regulations.
Said premises and all structures thereon shall be so situated and
constructed that the business of junk dealer may be carried on in
a sanitary manner, shall contain no fire hazards and shall be arranged
so that thorough inspection may be made at any time by the proper
health, fire, building and police authorities.
(6)
Referral to Plan Commission. The application shall first be submitted
to the Plan Commission for a hearing to determine the suitability
of the site for the business proposed thereon.
(7)
Referral to Council. The application, together with the recommendation
of the Plan Commission, shall be referred to the Council which may
grant, grant with conditions, or deny the license.
(8)
Restrictions applicable to junk dealers.
(a)
Every junkyard shall be enclosed by a solid fence not less than six
feet nor more than eight feet high. Such fence shall be approved by
the Building Inspector.
(b)
No junk shall be displayed or stored outside the fenced area of the
premises.
(c)
No licensee hereunder shall conduct his or her business or any operation
pertaining to such occupation on Sundays or between the hours of 8:00
p.m. and 6:00 a.m. on other days.
(d)
No licensee shall conduct his or her business in such manner as to
disturb unduly the peace and quiet of the neighborhood. The premises
shall at all times be kept in a clean and wholesome condition and
in full compliance with this section and in accordance with the reasonable
rules, regulations and directions of the Council.
(e)
Effective means for the elimination of the rodents and vermin commonly
infesting junkyards shall be administered by all licensees hereunder.
(f)
Every licensee shall keep a written record of all articles purchased
or sold with a description thereof and the name and address of the
person involved in the transaction. This record shall be open to inspection
by the Police Department at all reasonable hours. Such record shall
be kept for two years after expiration of any license issued hereunder.
(g)
Every holder of a junk dealer's license shall at all times keep said
license posted while in force in a conspicuous place on the premises
described in the application for such license. No person shall post
such license or be permitted to post it upon the premises other than
those mentioned in the application, or knowingly to deface or destroy
any such license.
(9)
Revocation.
(a)
Upon complaint being made in writing by any three residents or any
official of the City to the Council that any licensee hereunder has
violated any of the provisions of this section, the Council shall
summon such licensee to appear before it at the time specified in
the summons, which shall be not less than three days after the date
of the service thereof, to show cause why his or her license shall
not be revoked or suspended. The Council shall thereupon proceed to
hear the matter and, if it finds that the allegations of said complaint
are true, may revoke or suspend the license of such person. The provisions
hereunder shall not be effective unless the licensee has received
notice from the Building Inspector that a complaint has been filed
with the Council as to the operation of his or her premises and such
licensee has been given a reasonable time to correct the condition
complained of or to otherwise satisfy such complaint.
(b)
Whenever a license is revoked, the licensee shall have a period of
45 days from the date of such revocation to liquidate his or her business,
during which time he or she shall be required to comply with all the
terms and conditions of this section.
(1)
License required. No person shall sell or distribute milk, or milk products as defined in Subsection (3) of this section, for direct human consumption or to any hotel, restaurant, store, vendor or other retailer for resale for human consumption without first having obtained a license therefor from the Clerk-Treasurer. No license shall be required for hotels, restaurants, stores, vendors and other retailers who sell milk and milk products furnished by milk dealers licensed under this section.
(2)
License application. Every application for a license shall state
the name and address of the person applying for the license and the
location of each premises where any item regulated by this section
is bottled, pasteurized or otherwise prepared for distribution.
(3)
Definition. For the purposes of this section, the term "milk product"
shall mean and include cream, homogenized milk, buttermilk, skim milk,
milk beverages, skim milk beverages, milk or skim milk which have
been fortified by the addition of vitamins or minerals.
(4)
License fee. The license fee hereunder shall be as set by Council
resolution and shall be for the year to commence on July 1 and end
on June 30 or any fraction thereof.
[Amended 12-8-1999 by Ord. No. 1438]
[Amended 12-8-1999 by Ord. No. 1438; 2-7-2001 by Ord. No. 1477]
There is hereby established an annual license fee as set by
Council resolution for each bowling lane and for each theater screen.
(1)
Purpose. The purpose of this section is to regulate the parking,
location and occupation of mobile homes; to license and regulate mobile
home parks; and to provide for mobile home license fees.
(2)
COMPLETE BATHROOM FACILITIES
DEPENDENT MOBILE HOME
LICENSEE
LOT
MOBILE HOME
MOBILE HOME PARK
MOBILE HOME STAND
NONDEPENDENT MOBILE HOME
OCCUPIED AREA
PARK
PARK MANAGEMENT
PERSON
SPACE
UNIT
Definitions. As used in this section, the following terms shall have
the meanings hereinafter designated:
A flush toilet, lavatory and bath.
A mobile home which does not have a bathroom.
Any person, firm or corporation licensed to operate and maintain
a mobile home park under this section.
A space as defined in the definition of "space" below.
That which is, or was as originally constructed, designed
to be transported by any motor vehicle upon a public highway and designed,
equipped and used primarily for sleeping, eating and living quarters,
or is intended to be so used; and includes any additions, attachments,
annexes, foundations and appurtenances, except that a mobile home
is not deemed a mobile home if the assessable value of such additions,
attachments, annexes, foundations and appurtenances equals or exceeds
50% of the assessable value of the mobile home.
Any plot or plots of ground upon which two or more units,
occupied for dwelling or sleeping purposes, are located, regardless
of whether or not a charge is made for such accommodations. As used
in this section, mobile home park is limited to plots on which are
located two or more nondependent mobile homes.
That part of an individual space which has been reserved
and improved for the placement of one mobile home unit.
A mobile home equipped with complete bath and toilet facilities,
all furniture, cooking and heating appliances, and complete year-round
facilities.
That portion of an individual mobile home space which is
covered by a mobile home and its accessory structures.
Mobile home park.
The person who owns or has charge, care or control of the
mobile home park.
Any natural individual, firm, trust, partnership, association
or corporation.
A plot of ground within a mobile home park of not less than
4,000 square feet, designed for the accommodation of one mobile home
unit.
A mobile home unit.
(3)
Parking outside licensed mobile home parks restricted.
(a)
No person shall park, locate or place any mobile home outside of
a licensed mobile home park in the City, except unoccupied mobile
homes may be parked on the lawfully situated premises of a licensed
mobile home dealer for purposes of sales display; the lawfully situated
premises of a vehicle service business for purposes of servicing or
making necessary repairs; the premises leased or owned by the owner
of such mobile home for purposes of sales display for a period not
exceeding 120 days, provided that no business is carried on therein;
or in an accessory private garage building or rear yard of the owner
of such mobile home.
(4)
Mobile home occupancy permits.
(a)
Mobile homes legally located and occupied on premises outside a licensed
mobile home park prior to November 1, 1973, may be continued in such
location, provided that the owner of the premises on which such unit
is located has obtained a use permit from the Clerk-Treasurer showing
the date on which such use and occupancy commenced, the names of the
owner and occupants and that such use and occupancy is otherwise in
conformity with the applicable laws and regulations of the state and
City. Such nonconforming use shall be automatically terminated upon
a discontinuance for any reason for 12 consecutive months or if the
total structural repairs and alterations to the mobile home exceed
50% of assessed net value as determined by the Building Inspector.
(b)
The owner or occupant of a mobile home shall, within five days after
entering a licensed mobile home park or removing to another park with
the City, obtain a mobile home occupancy permit from the Clerk-Treasurer.
Such permits shall be issued only for mobile homes which comply with
W.S.A. ss. 101.90 to 101.95, and are so labeled, pursuant to W.S.A.
s. 101.92(5) and (6).
(5)
Mobile home park developer's permit.
(a)
No person shall construct, alter, modify or extend any mobile home
park or mobile home park building or facility within the limits of
the City without first securing a mobile home park developer's permit
from the Clerk-Treasurer. Such permits shall be issued upon approval
by the Council.
(b)
Applications for mobile home park developers' permits shall be filed
with the Clerk-Treasurer with sufficient copies for the Clerk-Treasurer
to forward one each to the Building Inspector, Plumbing Inspector,
Electrical Inspector, City Engineer, Plan Commission and Fire Chief,
who shall investigate and review said application to determine whether
the premises on which said park will be located and the proposed design
and specifications thereof and all buildings proposed to be constructed
thereon will comply with the applicable regulations, ordinances and
laws of the state and City, and report their findings in writing to
the Council within 60 days. Such reports shall be considered by the
Council before any permit is issued hereunder. Failure of any officer
or body to report within the allotted time shall be deemed a favorable
recommendation.
(c)
Applications for mobile home park developers' permits shall be accompanied
by a fee as set by Council resolution to cover the cost of investigation
and processing plus regular building permit fees for all buildings
or structures to be erected within the proposed park.
[Amended 12-8-1999 by Ord. No. 1438]
(d)
Applications shall be made on forms furnished by the Clerk-Treasurer
and shall include the following information:
1.
Name and address of the applicant.
2.
Location and legal description of the proposed park, addition, modification
or extension.
3.
A complete plot plan showing compliance with all applicable provisions
of this section and the City Building, Zoning and Subdivision Codes.
4.
Complete preliminary engineering plans and specifications, including
a scale drawing of the proposed park, showing, but not limited to:
a.
Plans and specifications of all utilities, including sewerage
collection and disposal, stormwater drainage, water and electrical
distribution and supply, refuse storage and collection, lighting,
telephone and television antenna systems.
b.
Location and width of roadways and walkways, buffer strips,
recreational and other common areas.
c.
The location of mobile home stands within the mobile home spaces,
including a detailed sketch of at least one typical mobile home space
and stand therein.
d.
Landscape plan showing all plantings.
e.
Plans and specifications of all park buildings and structures.
5.
Interest of applicant in proposed mobile home park or extension thereof.
If owner of tract is a person other than the applicant, a duly verified
statement by the owner that the applicant is authorized by him or
her to construct and maintain the proposed park, addition, modification
or extension and make the application.
6.
Written statements describing proposed park operations, management
and maintenance, including proposed fees and charges and other requirements
to be imposed on park occupants by the park operator.
(e)
Final engineering plans and specifications complying with the provisions
of this section and any modifications or conditions imposed by the
Council shall be submitted to the Clerk-Treasurer and checked by the
proper City officials for compliance before the license is issued.
(6)
Standard requirements for mobile home parks, additions or extensions.
All mobile home parks and modifications of or additions or extensions
to existing parks shall comply with the following:
(a)
Wis. Adm. Code H62 and 77 and PSC184 are made a part of this section
by reference as if fully set forth, except that such regulations shall
not be deemed to modify any requirement of this section or any other
applicable law or code provision of the state or City which is more
restrictive.
(b)
Mobile home parks shall contain a minimum of 10 acres.
(c)
The maximum number of mobile home spaces shall be eight per acre
and individual spaces shall be not less than 4,000 square feet in
area and arranged to afford ample area for a variety of units, a setback
of 50 feet from all public rights-of-way that border the park boundaries,
40 feet from all other park boundaries, 25 feet from all public rights-of-way
within the park and 25 feet from all common areas (including parking
areas). There shall be a total of 14 feet for the required side yards
with a minimum setback of six feet. There shall be a rear yard setback
of 15 feet. Detached accessory structures shall be located not less
than 25 feet to the front property line and not less than three feet
to a rear or side lot line. All structures shall be not less than
five feet from all other structures.
[Amended by Ord. No. 857]
(d)
No mobile home park shall be laid out, constructed or operated without
City water supply and sanitary sewer service. All water or sanitary
sewerage facilities in any unit not connected with public water or
sewer systems by approved pipe connections shall be sealed, and their
use is hereby declared unlawful.
(e)
Individual valved water service connections shall be provided for
direct use of each unit, so constructed and installed that they will
not be damaged by frost or parking of the unit. Water systems shall
be adequate to provide a pure, potable water supply of six gallons
per minute at a minimum pressure of 20 pounds per square inch (psi)
and capable of furnishing a minimum of 150 gallons per unit per day.
Fire hydrants shall be installed within 500 feet of every mobile home
stand and park building.
(f)
All liquid wastes originating at units, service or other buildings
shall be discharged into a sewerage system extended from and connected
with the public sewerage system. Such system shall comply with all
provisions of the Wisconsin Administrative Code and this Code relating
to plumbing and sanitation. Each individual space shall be provided
with a three-inch minimum watertight sewer connection protected from
damage by heaving and thawing or parking of the unit and located within
the rear 1/3 of the stand, with a continuous grade which is not subject
to surface drainage, so constructed that it can be closed when not
in use and trapped in such a manner that it can be kept odor-free.
(g)
Adequate provision shall be made for the disposal of solid and liquid
wastes in a manner approved by the Health Officer. Open burning of
waste or refuse is prohibited.
(h)
All television antenna systems, electrical and telephone distribution
lines, and oil or gas piping serving the park or spaces therein shall
be installed underground. Distribution systems shall be new, and all
parts and installations shall comply with all applicable federal,
state and City codes. Each space shall be provided with a weatherproof
electrical overcurrent protection device, disconnect means and branch
service of not less than 100 amperes for 220 volt service located
adjacent to the water and sewerage outlets. Receptacles shall be of
the four-pole-four-wire grounding type and have a four-prong attachment
for 110 to 220 volts.
[Amended 9-8-1999 by Ord. No. 1419]
(i)
Before a mobile home is located on a space, a stand consisting of
a concrete slab of six-inch-thick concrete 3,500 psi or concrete piers
extending below frost and having tiedown and leveling devices, with
six-inch gravel 12 feet wide and 50 feet long shall be erected thereon.
At least six tiedowns shall be provided at regular intervals on each
slab. As a complete and separate alternative to the foregoing requirements,
tiedown procedures approved by the Building Inspector shall be accepted.
(j)
A minimum of two off-street parking spaces surfaced with stone screenings
or other solid material or protected with a vegetative growth that
is capable of preventing soil erosion and eliminating objectionable
dust or similar material capable of carrying a wheel load of 4,000
pounds shall be provided for each mobile home space.
(k)
Condition of soil, groundwater level, drainage and topography shall
not create hazards to the property, health or safety of occupants
of mobile home spaces or living units. The site shall not be exposed
to objectionable smoke, noise, odors or other adverse influence, and
no portion subject to unpredictable and/or sudden flooding, subsidence
or erosion shall be used for any purpose which would expose persons
or property within or without the park to hazards.
(l)
Exposed ground surfaces in all parts of every mobile home park shall
be paved or covered with stone screenings or other solid material
or protected with a vegetative growth that is capable of preventing
soil erosion and eliminating objectionable dust.
(m)
The ground surface in all parts of every mobile home park shall be
graded and equipped to drain all surface water in a safe, sanitary
and efficient manner.
(n)
All parks shall be furnished with lighting so spaced and equipped
with luminaires placed at such heights as will provide the following
average maintained levels of illumination for the safe movement of
pedestrians and vehicles at night, as follows:
(o)
All mobile home spaces shall abut upon a street. Widths of streets
shall be in accordance with Wis. Adm. Code H77.04(8). All streets
shall be provided with a smooth, hard and dense surface which shall
be well drained under normal use and weather conditions for the area.
Pavement edges shall be curbed or protected to prevent raveling of
the wearing surface and shifting of the pavement base. Grades of streets
shall be sufficient to ensure adequate surface drainage, but not more
than 8% provided a maximum grade of 12% may be used if approved by
the City Engineer as safe and designed to avoid traffic hazards. Streets
shall be at approximately right angles within 100 feet of an intersection.
Intersections of more than two streets at one point shall not be allowed.
A distance of at least 150 feet shall be maintained between center
lines of offset intersecting streets.
(p)
All mobile home parks shall have a greenbelt or buffer strip not
less than 20 feet wide along all boundaries. Unless adequately screened
by existing vegetative cover, all mobile home parks shall be provided
within such greenbelt or buffer strip with screening of natural growth
or screen fence except where the adjoining property is also a mobile
home park. Compliance with this requirement shall be made within five
years from the granting of the mobile home park developer's permit.
Permanent plantings shall be grown and maintained at a height of not
less than six feet. Screening or planting requirements may be waived
or modified by the Council if it finds that the exterior architectural
appeal and functional plan of the park, when completed, will be materially
enhanced by modification or elimination of such screen planting requirements.
(q)
In all mobile home parks there shall be one or more recreation areas
easily accessible to all park residents. Such areas shall include
a total minimum of 10% of area. No single recreational area shall
contain less than 50,000 square feet unless each mobile home site
is provided with contiguous common recreational area not less than
20 feet wide at the narrowest dimension. Recreation areas shall be
so located as to be free of traffic hazards and convenient to mobile
home spaces which they serve.
(r)
Single-family nondependent mobile homes and approved accessory structures
included in the original plans and specifications or revisions thereof,
parks, playgrounds, open space, off-street parking lots, one park
office and service buildings for exclusive use of park residents shall
be the only permitted uses in mobile home parks; provided that the
Council may approve the following uses when designed and limited to
exclusive use of park residents:
(s)
No signs shall be erected in mobile home parks except signs pertaining
to the lease, hire or sale of individual mobile homes not more than
two square feet in area and one mobile home park identification sign
not more than 50 square feet in area at each park entrance.
(t)
All mobile home parks shall be provided with safe and convenient
vehicular access from abutting public streets or roads to each mobile
home space. Entrances to parks shall be designed to minimize congestion
and traffic hazards and allow free movement of traffic on adjacent
streets.
(u)
The standards and requirements for mobile home park design, layout
and development contained in this section are intended to be minimum
standards necessary to create a safe, sanitary, healthful, agreeable
and urban environment in mobile homes and mobile home parks and the
City.
(7)
Mobile home park operator's license.
(a)
No person shall operate, administer or maintain a mobile home park
within the City without a valid mobile home park license issued by
the Clerk-Treasurer and approved by the Council upon determination
that the standards in this section have been met and payment of the
required fee was made.
(b)
Mobile home park licenses shall be issued for a calendar year and
shall expire on December 31 next succeeding date of issue. Licenses
may be issued after January 1 of any year, but no rebate or diminution
of the fee shall be allowed therefor.
(c)
The fee for a mobile home park license shall be as set by Council
resolution and may be transferred for the fee as set by said resolution.
[Amended 12-8-1999 by Ord. No. 1438]
(d)
Licenses granted under this section shall be subject to revocation
or suspension by the Council for cause in accordance with W.S.A. s.
66.058(2)(d). "Cause" as used in this paragraph shall include, but
not be limited to:
1.
Failure or neglect to abide by the requirements of this section or
the laws or regulations of the State of Wisconsin relating to mobile
home parks and their operation.
2.
Conviction of any offense under the laws of the state or ordinances
of the City relating to fraudulent or misleading advertising or deceptive
practices regarding the sale or renting of mobile homes or the leasing
or rental of mobile home spaces or sale, lease or operation of park
facilities.
3.
Operation or maintenance of the mobile home park in a manner inimical
to the health, safety or welfare of park occupants or the inhabitants
of the City, including but not limited to repeated violations of laws
or ordinances relating to health, sanitation, refuse disposal, fire
hazards or nuisances.
4.
Transfer or sale of an ownership interest in any mobile home space
or the underlying land other than to another eligible licensee. Such
action shall also subject the owner of the underlying land to all
requirements of the state and City subdivision control laws and regulations
regardless of the size or number of lots or spaces so transferred
or sold.
(e)
Except as provided in Subsection (7)(f) of this subsection, no mobile
home park license shall be granted for any premises or to any person
not meeting the following standards and requirements:
1.
All standards and requirements set forth in this section, except
as specifically waived or modified in writing by the Council, and
endorsed on the mobile home park developer's permit. This requirement
includes a valid certificate from the Wisconsin Department of Health
and Social Services that the park complies with the provisions of
Wis. Adm. Code H77 applicable thereto.
2.
Mobile home parks shall be used only for the parking and occupancy
of single-family nondependent mobile homes and accessory structures
and appurtenances and uses authorized and approved under this section.
3.
Applicant shall file with the Clerk-Treasurer certificates of the
Building Inspector and Health Officer certifying that all equipment,
roads, sanitary facilities, water facilities and other equipment and
facilities, including roads, have been constructed or installed in
the park as required by this section and are in required operating
condition at the time of said application.
4.
Location and operation of the park shall comply with all zoning and
land use requirements of the state and City, and no permit shall be
issued until the proposed use has been certified by the Building Inspector
as complying with such requirements.
(f)
Mobile home parks licensed on November 1, 1973, and parks in areas
hereafter annexed to the City shall be exempt from the requirements
hereof relating to land use and occupancy, provided that such use
and occupancy complies with the applicable laws and ordinances in
effect at the time of issuance of the original license, but shall
file application for a mobile home park developer's nonconforming
use permit and comply with all other provisions of this section within
six months; provided that any such mobile home park having a density
in excess of that provided in Subsection (6)(c) of this section shall
be operated in other respects in accordance with this section. The
Council may extend the time for compliance as herein required upon
such conditions as it shall determine necessary to protect the health,
safety and welfare of park occupants or inhabitants of the City. All
extensions, modifications or additions to lawfully licensed existing
parks or facilities or structures therein shall comply with this section.
(g)
Each applicant for an original or renewal license shall file with
the Clerk-Treasurer a bond in the sum of $2,500 for each 50 mobile
home spaces or fraction thereof guaranteeing the collection by the
licensee of the monthly parking permit fees as provided in Subsection
(11) of this section and the compliance of licensee and the park management
with the provisions of this section. Such bond shall also be for the
use and benefit and may be prosecuted and recovery had thereon by
any person who may be injured or damaged by reason of the licensee
violating any provisions of this section.
(8)
Operation of mobile home parks: responsibilities of park management.
(a)
In every mobile home park there shall be located an office of the
attendant or person in charge of said park. A copy of the park license
and of this section shall be posted therein, and the park register
shall at all times be kept in said office.
(b)
The attendant or person in charge and the park licensee shall operate
the park in compliance with this section and regulations and ordinances
of the City and state and shall have the following duties:
1.
Furnish information to the Clerk-Treasurer and Assessor on occupied
mobile homes added to the park within five days after their arrival
on forms furnished by the Department of Revenue.
2.
Notify park occupants of the provisions of this section and inform
them of their duties and responsibilities and report promptly to the
proper authorities any violations of this section or any other violations
of law which may come to their attention.
3.
Notify the Health Officer immediately of any suspected communicable
or contagious disease within the park.
4.
Supervise the placement of each mobile home on its stand which includes
securing its stability and installing all utility connections and
tiedowns.
5.
Maintain park grounds, buildings and structures free of insect and
rodent harborage and infestation and accumulations of debris which
may provide rodent harborage or breeding places for flies, mosquitoes
and other pests.
6.
Maintain the park free from growth of noxious weeds.
7.
Maintain the park free of litter, rubbish and other flammable materials,
provide portable fire extinguishers of a type approved by the Fire
Chief in all locations designated by the Chief and maintain such extinguishers
in good operating condition and cause every area within the park designated
as a fire lane by the Fire Chief to be kept free and clear of obstructions.
8.
Provide every mobile home unit with a substantial, flytight, watertight,
rodentproof container for the deposit of garbage and refuse in accordance
with the ordinances of the City and the regulations of the Sanitation
Department. The management shall provide stands for all refuse and
garbage containers so designed as to prevent tipping and minimize
spillage and container deterioration and facilitate cleaning.
9.
Provide for the sanitary and safe removal and disposal of all refuse
and garbage at least weekly. Removal of all garbage and refuse shall
be in accordance with the laws of the State of Wisconsin and the ordinances
and regulations of the City, including regulations promulgated by
the Health Officer and the Fire Chief.
10.
Collect the monthly parking permit fee and cash deposits for
each nonexempt mobile home within the park and remit such fees and
deposits to the Clerk-Treasurer as required by Subsection (11) of
this section.
[Amended by Ord. No. 908]
11.
Allow inspections of park premises and facilities at reasonable
times by municipal officials or their agents or employees.
(9)
Responsibilities and duties of mobile home park occupants.
(a)
Park occupants shall comply with all applicable requirements of this
section and regulations issued hereunder and shall maintain their
mobile home space, its facilities and equipment in good repair and
in a clean and sanitary condition.
(b)
Park occupants shall be responsible for proper placement of their
mobile homes on the mobile home stand and proper installation of all
utility connections in accordance with the instructions of the park
management.
(c)
Each owner or occupant of a nonexempt mobile home within a mobile
home park shall remit to the licensee or authorized park management
the cash deposit and monthly parking permit fee as required by Subsection
(11)(c) of this section.
(d)
It shall be the duty of every occupant of a park to give the park
licensee or management, or his or her agent or employee, access to
any part of such park or mobile home premises at reasonable times
for the purpose of making such repairs or alterations as are necessary
to effect compliance with this section or any law or ordinance of
the state or City or lawful regulation or order adopted thereunder.
(e)
Mobile homes shall be parked only on the mobile home stands provided
and shall be placed thereon in accordance with all requirements of
this section.
(f)
No mobile home owner or occupant shall conduct in any unit or any
mobile home park any business or engage in any other activity which
would not be permitted in single-family residential areas in the City.
(g)
No person shall discharge any wastewater on the surface of the ground
within any mobile home park.
(h)
No person shall erect or place upon any mobile home space any permanent
or temporary structure intended to be used for dwelling purposes or
in connection with any mobile home unit except as specifically authorized
by this section.
(10)
Additional regulations on mobile homes and mobile home parks.
(a)
Wrecked, damaged or dilapidated mobile homes shall not be kept
or stored in a mobile home park or upon any premises in the City.
The Building Inspector shall determine if a mobile home is damaged
or dilapidated to a point which makes it unfit for human occupancy.
Such mobile homes are hereby declared to be a public nuisance. Whenever
the Building Inspector so determines, he or she shall notify the licensee
or landowner and owner of the mobile home in writing that such public
nuisance exists within the park or on lands owned by him or her giving
the findings upon which his or her determination is based and shall
order such home removed from the park or site or repaired to a safe,
sanitary and wholesome condition of occupancy within a reasonable
time, but not less than 30 days.
(b)
The Health Officer, Building Inspector, Fire Chief, City Engineer
or their lawful agents or employees are authorized and directed to
inspect mobile home parks not less than once in every twelve-month
period to determine the health, safety and welfare of the occupants
of the park and inhabitants of the City as affected thereby and the
compliance of structures and activities therein with this section
and all other applicable laws of the state and ordinances of the City.
(c)
Fires in mobile home parks shall be made only in stoves and
other cooking or heating equipment intended for such purposes. Outside
burning is prohibited except by permit and subject to requirements
or restrictions of the Fire Chief.
(d)
All plumbing, building, electrical, oil or gas distribution,
alterations or repairs in the park shall be in accordance with the
regulations of applicable laws, ordinances and regulations of the
state and City and their authorized agents.
(e)
All mobile homes in mobile home parks shall be skirted unless
the unit is placed within one-foot vertically of the stand with soil
or other material completely closing such space from view and the
entry by rodents and vermin. Areas enclosed by such skirting shall
be maintained free of rodents and fire hazards.
(f)
No person shall construct, add to or alter any structure, attachment
or building in a mobile home park or on a mobile home space without
a permit from the Building Inspector. Construction on, or addition
or alteration to, the exterior of a mobile home shall be of the same
type of construction and materials as the mobile home affected. This
paragraph shall not apply to addition of awnings, antennas or skirting
to mobile homes. Accessory structures on mobile home spaces shall
comply with all setback, side yard and rear yard requirements for
mobile home units.
(g)
Storage under mobile homes is prohibited.
(11)
Fee for moving mobile homes into or out of mobile home parks.
[Amended by Ord. No. 907; 9-8-1999 by Ord. No. 1419; 6-8-2011 by Ord. No. 1786]
(a)
There is hereby imposed on each owner of a nonexempt mobile
home in the municipality a monthly parking permit fee determined in
accordance with W.S.A. s. 66.058(3). It shall be the full and complete
responsibility of the mobile home park licensee to collect the proper
amount from each mobile home owner or occupant. Licensees and owners
and occupants of mobile homes permitted to be located on land outside
a mobile home park and owners of lands on which such homes are parked
shall pay to the Clerk-Treasurer such parking permit fees on or before
the 10th of the month following the month for which such fees are
due in accordance with the terms of this section and such reasonable
regulations as the Clerk-Treasurer may promulgate.
(b)
Licensees of mobile home parks and owners of land on which are
parked any nonexempt mobile homes shall furnish information to the
Clerk-Treasurer and Assessor on such homes added to their park or
lands within five days after arrival of such homes on forms furnished
by the Clerk-Treasurer in accordance with W.S.A. s. 66.058(3)(c).
(c)
Owners of nonexempt mobile homes, upon receipt of a notice from
the Clerk-Treasurer of their liability for the monthly parking permit
fee, shall remit to the Clerk-Treasurer a cash deposit as set by Council
resolution to guarantee payment of such fees when due to the Clerk-Treasurer.
It shall be the full and complete responsibility of the licensee of
a mobile home park or owner of land on which the mobile home is parked
to collect such cash deposits from each nonexempt mobile home therein
and remit such deposits to the Clerk-Treasurer. Upon receipt of a
notice from the owner or licensee that the nonexempt mobile home has
been or is about to be removed from the City, the Clerk-Treasurer
shall apply said cash deposit to the balance due or to become due
for any monthly parking permit fees for which said owner is liable
and refund the balance, if any, to said owner.
(d)
There
is hereby imposed upon each owner of a nonexempt mobile home in the
municipality a fee for moving a mobile home into or out of a mobile
home park, said fee to be set by Council resolution. It shall be the
full and complete responsibility of the mobile home park licensee
to collect the proper amount from each mobile home owner or occupant
at the time that the mobile home is moved into or out of a mobile
home park.
(e)
Licensees
in mobile home parks shall furnish information to the Clerk-Treasurer
and Assessor on such mobile homes added to or removed from the mobile
home parks within five days after arrival or removal of such homes
on forms furnished by the Clerk-Treasurer. The fee for moving a mobile
home into or out of a mobile home park shall be due and payable to
the Clerk-Treasurer at the time that said information is furnished
to the Clerk as set forth in this subsection.
[Amended by Ord. No. 983A; Ord. No. 1001; Ord. No. 1098; Ord. No. 1103; Ord. No.
1142; Ord. No.
1143Ord. No. 1144; 10-7-1998 by Ord. No. 1378; 9-8-1999 by Ord. No. 1419; 12-8-1999 by Ord. No. 1438; 2-11-2004 by Ord. No. 1571; 1-10-2007 by Ord. No.
1666; 1-10-2007 by Ord. No. 1679; 4-21-2009 by Ord. No. 1745; 11-13-2013 by Ord. No. 1834]
(1)
ANIMAL SHELTER
AT LARGE
DANGEROUS ANIMAL
DANGEROUS DOG
(a)
(b)
(c)
EXPOSED TO RABIES
KENNEL or CATTERY
OWNER
RESTRAINT
SPAYED FEMALE ANIMAL
Definitions. For purposes of this section, certain words and terms
are defined as follows:
Any premises designated by the Council for the purpose of
impounding and caring for all animals found running at large in violation
of this section.
Any animal shall be deemed to be at large when it is both
off of the premises of the owner and not under direct control and
restraint and in the physical custody of the owner or other person
responsible for such animal, by means of a leash, chain or cord.
An animal, wild or domestic, which bites any human being
or other domestic animal, or which demonstrates menacing and dangerous
behavior toward a human being and/or property or other domestic animals.
However, an animal shall not be deemed dangerous if it bites, attacks
or menaces a trespasser on the property of its owners or harms or
menaces anyone who has tormented or abused it.
Any dog which attacks without provocation or otherwise endangers
the safety of human beings or domestic animals.
Any dog owned or harbored primarily or in part for the purpose
of dogfighting, or any dog trained for dogfighting.
However, no dog shall be deemed dangerous if it bites, attacks
or menaces a trespasser on the property of its owner or harms or menaces
anyone who has tormented or abused it.
An animal has been exposed to rabies within the meaning of
this section if it has been bitten by, or come in contact with, any
animal known to have been infected with rabies.
The commercial business of breeding, buying, selling or boarding
dogs or cats.
Any person owning, keeping, harboring or controlling an animal
within the City, including persons temporarily in possession of an
animal at the owner's request.
Any animal is under restraint within the meaning of this
section if it is controlled by a leash, at "heel" beside a competent
person and obedient to that person's commands, on or within a vehicle
being driven or parked on the streets, or within the property limits
of its owner or keeper.
Any female animal which has been operated upon to prevent
conception.
(2)
Enforcement. The provisions of this section shall be enforced by
police officers.
(3)
Licensing of dogs.
(a)
License required. It shall be unlawful for any person in the City
to own, harbor or keep any dog more than five months of age without
complying with the provisions of W.S.A. ss. 174.05 through 174.10,
relating to the listing, licensing and tagging of the same. In addition
to the dog license tax imposed under W.S.A. s. 174.05(2) and (3),
there is hereby imposed a City dog license tax, payable to the Clerk-Treasurer,
in the amount as set by Council resolution.
(b)
Lost license tag. In the event that a metallic license tag issued
for a dog shall be lost, the owner may obtain a duplicate tag from
the Clerk-Treasurer upon the payment of a fee as set by Council resolution.
(c)
Change of ownership. If there is a change in ownership of a licensed
dog or kennel during the license year, the new owner may have the
current license transferred to his or her name upon the payment of
a transfer fee as set by Council resolution.
(d)
Transfer prohibited. No person shall use for any animal a license
receipt or license tag issued for another animal.
(e)
Late fees. The Clerk-Treasurer shall assess and collect a late fee
as set by Council resolution from every owner of a dog five months
of age or older if the owner failed to obtain a license prior to April
1 of each year or within 30 days of acquiring ownership of a licensable
dog, or if the owner failed to obtain a license before the dog reached
licensable age.
(f)
Kennel license option. The owners of kennels may opt to pay a kennel license fee in lieu of the fees provided in Subsection (3)(a) above, and the Clerk-Treasurer shall issue tags for each dog owned by the kennel owner, as provided in W.S.A. s. 174.053. The fee for such license shall be as set by Council resolution.
(3.1)
Licensing and regulation of cats.
(a)
License required. It shall be unlawful for any person in the
City to own, harbor or keep any cat more than five months of age without
obtaining a cat license. A cat license may be obtained by paying the
amount as set by Council resolution.
(b)
Identification and control of cats. Every person residing in
the City and owning or having in his or her possession any cat shall
have said cat bear identification, either by tag, tattoo or other
suitable means of identification.
(4)
Rabies vaccination required. It shall be unlawful for any person
to keep a dog and/or cat in the City which is over five months of
age and has not received a rabies vaccination No dog and/or cat license
shall be issued until a certificate of rabies vaccination issued by
a veterinarian has been presented. A rabies vaccination tag shall
be attached to the collar of all licensed dogs and/or cats at all
times.
[Amended 12-14-2022 by Ord. No. 2013]
(5)
Animals running at large; untagged dogs and unidentified cats.
(a)
Animals running at large. An animal is considered to be running at
large if it is off the premises of its owner and not under the restraint
of the owner or some other person as defined in Subsection (1) above.
In addition, no person owning or having the responsibility, charge,
care, custody or control of any animal shall allow the animal to stray,
run, be let go or in any manner to exist at large on or upon any public
street, sidewalk or public park or thoroughfare, or upon any other
person's property without the consent of the property owner. It shall
be unlawful to abandon, within the City limits, any domesticated animal.
(b)
Untagged dog. A dog is considered to be untagged if a valid license
tag is not attached to a collar which is kept on the dog whenever
the dog is outdoors unless the dog is securely confined in a fenced
area.
(c)
Unidentified cat. A cat is considered to be unidentified if the provisions
of Subsection (3.1)(b) above have not been met.
(d)
Animals subject to impoundment. Any police officer shall attempt
to capture and restrain any animal running at large and any untagged
dog or unidentified cat.
(e)
Animals injuring or destroying property of others. It shall be unlawful
for any person to own, or to allow to be in or upon any premises occupied
by him or her or under his or her charge or control, any animal that
in any manner injures or destroys real or personal property of any
description belonging to another. If, upon the trial of any offense
mentioned in this section, it shall appear to the Judge that the person
is guilty as charged in said complaint, said Judge may, in addition
to the usual judgment of conviction, order the person so offending
to make restitution to the party injured in an amount equal to the
value of the property so injured or destroyed.
(f)
Penalties. In addition to the penalties, as provided in Subsection
(5)(e) above, if the owner of an animal, negligently or otherwise,
permits the animal to run at large or a dog or cat to be untagged
or the cat to be unidentified, the owner shall forfeit $200, plus
costs, for the first offense; $300, plus costs, for the second offense;
and an additional $50 for each subsequent offense. If the dog is unlicensed,
the above penalties shall be doubled.
(6)
Restrictions on dangerous dogs.
(a)
Unconfined dogs. No person owning or harboring or having the care
or custody of a dangerous dog shall suffer or permit such dog:
1.
To go unconfined on the premises of such person. A dangerous dog
is "unconfined," as the term is used herein, if such dog is not securely
confined indoors or confined in a securely enclosed and locked pen
or a dog run area upon the premises of said person.
2.
To go beyond the premises of such person unless such dog is securely
muzzled or restrained with a chain of sufficient strength to maintain
control of such dog.
(b)
Dogfighting. No person shall own or harbor any dog for the purpose
of dogfighting or train, torment, badger, bait or use any dog for
the purpose of causing or encouraging said dog to commit unprovoked
attacks upon human beings or domestic animals.
(c)
Conveying dangerous dogs. No person shall possess with intent to
sell, offer for sale, breed or buy or attempt to buy or give away
within the City any dangerous dog.
(7)
Number of dogs and cats per household regulated. Except for kennels,
no household shall have more than three dogs and three cats over five
months of age.
(8)
Duty to report animal bite. Every person, including the owner or
person harboring or keeping an animal; every employee and agent of
the City; and every veterinarian and physician practicing within the
City shall promptly report to the Police Department any instance in
which a person is bitten by an animal. Any animal reported to have
bitten a person shall be captured alive, whenever possible, by any
designated official or employee of the City and shall be quarantined
for observation, as required by law.
(9)
Liability for damages to person bitten.
(a)
General liability. The owner of any animal which bites any person
while such person is on or in a public place or lawfully on or in
a private place, including the property of the owner of such animal,
shall be liable for damages suffered by the person bitten regardless
of the known or former viciousness of the dog or the owner's knowledge
of such viciousness. A person is lawfully upon private property, within
the meaning of this section, when he or she is on such property in
the performance of any duty imposed upon him or her by laws of this
state or the laws of postal regulations of the United States, or when
he or she is on such property upon invitation, expressed or implied,
of the owner thereof; provided, however, that no owner of any animal
shall be liable for any damages to any person or his or her property
when such person shall mischievously or carelessly provoke or aggravate
the animal's infliction of such damage.
(b)
Penalty. Any person violating any provision of this subsection shall
pay all expenses, including shelter, food and veterinary expenses
necessitated by the seizure of any animal for the protection of the
public, and such other expenses as may be required for the destruction
of such animal. In addition, such person shall pay all actual damages
suffered by the victim of the attack. This subsection shall be in
addition to and not in lieu of any other additional penalties imposed
by this Code.
(10)
Animals suspected of having rabies. If an officer has reason to believe
that a dog, cat or other animal has bitten a person or is infected
with rabies or has been in contact with the rabid animal, said officer
shall comply with the provisions of W.S.A. ss. 95.21(4), (5) and (6).
(11)
Impounding and disposition of dogs or cats.
(a)
Impounding of dogs or cats. Any police officer or other person
restraining an animal running at large shall take such animal to the
City Animal Shelter. The boarding fee for impounded dogs or cats shall
be as set by Council resolution. In addition to said boarding fee,
the person to whom the animal is released shall pay a service fee
as set by Council resolution. The police shall attempt to identify
and notify the owner.
(b)
Release of animal to owner or representative. The caretaker
of the Animal Shelter or police officer may release the animal to
the owner or his or her representative if the owner or representative:
1.
Presents evidence of ownership and gives his or her name and
address.
2.
Presents evidence that the dog is licensed or the cat is identified
and the animal is vaccinated against rabies.
3.
Pays the dog's or cat's boarding and service fee.
4.
Submits a signed form, signed by the Police Department.
(c)
Release of animal to person other than owner. If the owner of
the animal is unknown or does not reclaim the animal within seven
days, the caretaker of the Animal Shelter may release the animal to
a person other than the owner if such person:
(d)
Disposition of animal in humane manner. If the animal is not
released to the owner or other person in seven days, the caretaker
may dispose of the animal as provided in W.S.A. s. 174.13 or dispose
of the animal in a proper and humane manner.
(12)
Investigation. For the purpose of discharging the duties imposed
by this section and to enforce its provisions, any police officer
is empowered to enter upon any premises upon which an animal is kept
or harbored and to demand the exhibition by the owner of such animal
or the license for such dog or identifying information for such cat.
It is further provided that a police officer may enter the premises
where any animal is kept in a reportedly cruel or inhumane manner
and demand to examine such animal and to take possession of such animal
when, in his or her opinion, it requires removal from the premises.
(13)
Interference prohibited. No person shall interfere with or hinder
any police officer or caretaker in the performance of any duty of
such agent or seek to release any animal in the custody of the caretaker
of the Animal Shelter, except as herein provided.
(14)
Records required.
(a)
It shall be the duty of the caretaker to keep, or cause to be
kept, accurate and detailed records of the licensing, impoundment
and disposition of all animals coming into his or her custody. Such
records shall be open to public inspection.
(b)
It shall be the duty of the Police Chief to keep, or cause to
be kept, accurate and detailed records of all bite cases reported
to him or her and his or her investigation of same.
(c)
It shall be the duty of the Animal Shelter caretaker or Police
Department to keep, or cause to be kept, accurate and detailed records
of all moneys coming into his or her possession, which records shall
be open to inspection at reasonable times by such persons responsible
for similar records of the City, and shall be turned into the Clerk-Treasurer
quarterly.
(15)
Controlling and cleaning up after animals.
(a)
No person shall exercise or walk an animal unless said animal
is on a leash, except that no leash is required where the animal has
such training that the person who is conducting the exercise shall
be able to cause the animal, upon command, to heel. Evidence that
such training is not present includes, but is not limited to, the
dog touching other dogs, cats, animals or human beings after the order
to "heel," or an equivalent command, has been or should have been
given.
(b)
The owner or person having immediate care, custody or control
of any animal shall promptly remove and dispose of, in a sanitary
manner, any excreta left or deposited by the animal upon any public
or private property.
(c)
It is unlawful for any person to permit an animal to be on public
property or private property not owned or possessed by such person
unless such person has, in his or her immediate possession, an appropriate
means of removing animal excreta.
(d)
It shall be unlawful for any person within the City to own,
harbor or keep any animal which:
1.
Habitually pursues vehicles upon any street, alley or highway.
2.
Molests passersby or assaults or attacks any person without
provocation or causes damage to personal property.
3.
Habitually barks, howls or makes noise to the annoyance of any
person or persons. This subsection shall not apply to hospitals conducted
for the treatment of small animals or to the premises occupied or
used by the Humane Society.
4.
Kills, wounds or worries any domestic animal.
(16)
Penalties. In addition to other penalties provided in this section,
the following penalties are imposed:[1]
(a)
Any person violating Subsection (6) above shall, upon conviction,
forfeit the sum of $250 plus costs for the first offense, $1,000 plus
costs for the second offense and an additional $50 for each subsequent
offense.
(b)
Any person who fails to have a dog vaccinated against rabies,
as required by Subsection (4) above, shall, upon conviction, forfeit
not less than $100 nor more than $500, plus the cost of prosecution.
(c)
An owner of any animal who refuses to comply with an order issued
under this section to deliver the animal to a police officer, the
City Animal Shelter or veterinarian, or who does not comply with the
conditions or an order that the animal be quarantined, shall, upon
conviction, forfeit not less than $100 nor more than $500, plus the
cost of prosecution.
(d)
Any person violating any other provision of this section shall be subject to a penalty as provided in § 20.04 of this Code.
(e)
In addition to the forfeitures set forth herein, the person
who is found to have violated any provision of this section shall
also be ordered, upon conviction, to pay any and all expenses incurred,
including but not limited to shelter, food, veterinarian expense for
identification or certification, boarding or veterinarian expenses
associated with the seizure of the animal for the protection of the
public and any other expenses as may be required for the destruction
of such animal.
[Added 6-8-2011 by Ord. No. 1787]
(1)
GROOMING SALON
PET SHOP
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any person, partnership or corporation engaged in the business
of grooming animals of any species.
Any person, partnership or corporation engaged in the business
of breeding, buying, selling or boarding animals of any species.
(2)
Licensed required. No person shall operate a grooming salon or pet
store within the City without having first obtained a license from
the Clerk-Treasurer. Before issuing the license, the Clerk-Treasurer
shall collect the license fee from the operator.
(3)
License fee. The license fee shall be set by Council resolution.
A license fee shall be for a one-year term commencing July 1 of each
year.
[Added 5-17-2017 by Ord.
No. 1918]
(1)
CHICKEN
COOP
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The common fowl (Gallus gallus domesticus), especially when
young; also, its flesh used for food.
A structure for the sheltering of chickens. Said structure
shall meet the standards contained in this section.
(2)
Permit required. A permit shall be issued by the City Clerk's office.
The permit process requires a completed application accompanied by
the fee as determined by the City Council. The permit will expire
December 31 of each year. A new permit must be reissued annually and
a new fee paid with each application. Applications received after
April 1 are subject to a late fee as set by Council.
(3)
The applicant is required to register with the State of Wisconsin
Department of Agriculture, Trade and Consumer Protection as soon as
chickens are added to a premises and must keep registration current
and up to date. State ID number must be provided to the City of Shawano
at the time of application.
(4)
Keeping of chickens allowed. The keeping of up to four chickens,
with a permit, is allowed on a single-family detached dwelling premises
(as defined in § 10.03), provided the following:
(a)
No person shall keep a rooster.
(b)
No person shall slaughter any chicken within City limits.
(c)
Chickens shall be provided with fresh water at all times and
adequate amounts of feed.
(d)
Chickens shall be provided with a sanitary and adequately sized
enclosure, or coop, and shall be kept in an enclosure or a sanitary
and adequately sized and accessible fenced enclosure, including fencing
or other covering to prevent the chickens from flying out of the enclosure.
(e)
Chicken coops shall be constructed in a workmanlike manner,
be moisture-resistant and either be raised off the ground or placed
on a hard surface such as concrete, patio block or gravel.
(f)
Chicken coops and enclosures shall be cleaned of hen droppings,
uneaten food, feathers and other waste daily and as necessary to ensure
that the coop and yard area do not become a health, odor or other
nuisance. In addition, the chicken coops and enclosures must be thoroughly
ventilated, predator-proof and be of sufficient size to admit free
movement of the chickens, designed to be easily accessed, cleaned
and maintained by the owners and must be at least two square feet.
(g)
All chickens kept pursuant to this section shall be disease
free.
(h)
The total area devoted to keeping chickens may not exceed 80
square feet.
(i)
No part of any enclosure shall be located closer than 25 feet
from any residential dwelling on an adjoining lot. No part of any
enclosure may be located closer than five feet from any lot line.
No part of any enclosure shall be located nearer than 25 feet from
a navigable waterway.
(j)
No enclosure may be located in the front yard area of a lot.
(k)
No one may keep any chickens in a manner that causes a nuisance,
unhealthy condition or public health threat.
(l)
The chickens shall be shut into the chicken house at night,
from sunset to sunrise.
(m)
During the daylight hours, the adult chickens shall have access
to the chicken house and, weather permitting, shall have access to
an outdoor enclosure on the subject property, adequately fenced to
contain the chickens and to prevent access to the chickens by dogs
and other predators. Additional permits may be required for any fencing
exceeding 24 feet.
(n)
Stored feed must be kept in a rodent- and predator-proof container.
(5)
Permit revocation. A permit is subject to revocation by the Common
Council by recommendation of the Building Inspector or City Clerk.
Once a permit is revoked, it shall not be reissued for a period of
at least two years.
[Added 3-14-2018 by Ord.
No. 1939]
(1)
APIARY
BEEKEEPER
COLONY
HIVE
HONEY BEE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The assembly of one or more colonies of bees at a single
location.
A person who owns or has charge of one or more colonies of
bees and has demonstrated to the Building Inspector that he or she
has obtained formal education or sufficient practical experience to
act as a beekeeper.
An aggregate of bees in a hive consisting principally of
workers, but having, when perfect, one queen and at times many drones.
The shelter housing a colony of bees where indicated by the
context.
All life stages of the common domestic honey bee, apis mellifera
species.
(2)
Permit required. No person shall keep honey bees in the City without
being a beekeeper and obtaining a valid permit issued by the City
Clerk. The permit process requires a completed application accompanied
by the fee as determined by the Common Council. The permit will expire
December 31 of each year. A new permit must be reissued annually and
a new fee paid with each application.
(3)
Manner of keeping.
(a)
No more than four hives are allowed on premises.
(b)
All hives shall have combs which are kept in sound and usable
condition and removable for inspection.
(c)
In each instance in which any colony is situated within 25 feet
of a developed public or private property line of the tract upon which
the apiary is situated, as measured from the nearest point on the
hive to the property line, the beekeeper shall establish and maintain
a flyway barrier at least six feet in height consisting of a solid
wall, dense vegetation or combination thereof that is parallel to
the property line and extending 10 feet beyond the colony in each
direction so that all honey bees are forced to fly at an elevation
of at least six feet above ground level over the property lines in
the vicinity of the apiary.
(d)
A property owner shall cause any abandoned hive to be removed
from the property. All hives shall be actively maintained. Hives not
under active human management and maintenance shall be dismantled
and removed by the most recent permit holder.
(e)
No hive may house a colony of insects other than honey bees.
(f)
A constant and adequate supply of water shall be provided within
20 feet of the hives. The water source shall be designed to allow
honey bees to access the water by landing on a hard surface. This
provision shall not apply during the winter.
(g)
All hives and related structures that form the apiary shall
be located a minimum of 15 feet from all property lines and public
sidewalks and shall be faced towards the interior of the owner's property.
(h)
In any instance in which a hive exhibits unusually aggressive
characteristics it shall be the duty of the beekeeper to destroy or
re-queen the hive. Queens shall be selected from stock bred for gentleness
and nonswarming characteristics.
(i)
In addition to compliance with the requirements of this section,
no beekeeper shall keep a hive or hives that cause any unhealthy conditions
or interfere with the normal use and enjoyment of human or animal
life of others, any public property or property of others.
(4)
Right of entry.
(a)
The Building Inspector, or his or her designee, may enter upon
any property required to hold a permit in this section at all reasonable
times to inspect the premises, obtain photographs or take any other
action deemed necessary to properly enforce the provisions of this
section.
(b)
If the Building Inspector, or his or her designee, finds any
hive kept in violation of these requirements, in addition to any other
remedy available under this code, he or she may order the violation
corrected within 14 days. If the permit holder fails to correct the
violation within 14 days, the hive in violation may be destroyed and/or
removed from the municipality by the City and the cost thereof shall
be charged back to the property owner as a special charge pursuant
to § 66.0627, Wis. Stats.[1]
(5)
Permit revocation. A permit shall be subject to revocation upon failure
to comply with any provisions of this section. Once a permit is revoked,
a permit shall not be reissued.
(1)
Registration required. No resident shall operate a bicycle upon any
street or public way within the City unless the bicycle shall first
have been registered by the owner and properly licensed as hereinafter
provided.
(2)
Definition. "Bicycle" shall mean and include a light vehicle having
two or more wheels, usually tandem, but which may be tricycle or sidecar,
both of which are 20 inches in diameter or greater, with tires inflated,
having a steering wheel and a saddle seat of seats, propelled by the
feet acting on treadles connected with cranks or levers.
(3)
Registration. Registration shall be made by filing an application
with the Police Department setting forth the name and address of the
owner, together with a complete description of the bicycle, and paying
the registration and license fee hereinafter provided. Each registration
shall be serially numbered and kept on file in the office of the Police
Department. The Police Department shall keep a record of the date
of issuance of each license, to whom issued and the number thereof.
Upon such registration, the Police Department shall issue a license
which shall be affixed to the bicycle in a place determined by the
Police Department. Such license plate shall remain so fixed to the
bicycle unless removed by order of a court.
(4)
License fee. The license fee to be paid for each bicycle shall be
as set by Council resolution, which fee shall be for the time the
bicycle is owned by the registered owner. All such license fees shall
be paid over to the Clerk-Treasurer.
[Amended 12-8-1999 by Ord. No. 1438]
(5)
License renewal. All bicycle registrations shall be renewed whenever
the original license becomes illegible or is destroyed. The license
fee for renewal shall be as set by Council resolution. Upon such registration,
a new license shall be furnished the bicycle owner or operator.
[Amended 12-8-1999 by Ord. No. 1438]
(6)
Lost license. In case of theft, loss, mutilation or defacing of said
license, a new license shall be issued by said Department for a fee
as set by Council resolution. No person shall willfully remove, deface
or destroy any such license.
[Amended 12-8-1999 by Ord. No. 1438]
(7)
Mutilation of serial number. No person shall willfully or maliciously
remove, destroy, mutilate or alter the serial number of any bicycle
frame licensed pursuant to this section or any license.
(8)
Transfer or cancellation. Within 10 days after any bicycle registered hereunder shall have changed ownership or be dismantled and taken out of use, the person in whose name the bicycle has been registered shall report such information to the Police Department. In case of change of ownership, the registration shall thereupon be canceled and a new license issued to the new owner upon proper application and payment by him or her of the registration fee provided for in Subsection (4) above.
(9)
Inspection of bicycles. Every bicycle in the City shall be inspected
and examined at the Police Department or any other location so designated
by the Chief of Police for a serial number. If such bicycle has no
serial number, a serial number shall be stamped on the frame of such
bicycle by any qualified mechanic of a bicycle store or shop so designated
by the Chief of Police.
(10)
Parental violation. It shall be unlawful for any parent, guardian
or person having legal custody of a child under the age of 18 years
to have such child fail to have his or her bicycle registered as hereinbefore
provided or to allow such child under 18 years of age to violate any
of the provisions of this section after such parent, guardian or person
having legal custody of such child has been warned as hereinafter
provided.
(11)
Warning. The first time a child is detained by a law enforcement
officer for violation of any of the provisions of this section, his
or her parent, guardian or person having such legal custody shall
be advised as to the provisions of this section and further advised
that any violation of this section occurring thereafter by this child
or any other child under his or her care or custody shall result in
a penalty being imposed as hereinafter provided.
(12)
Penalties.
[Amended 9-8-1999 by Ord. No. 1419]
(a)
Any person who shall violate any of the provisions of this section other than the provisions providing for warning of parent, guardian or person having legal custody of a child under 18 years of age shall, upon conviction thereof, be punishable as provided in § 20.04, Bond Schedule, together with the cost of prosecution, and, in default of payment of the forfeiture and costs of prosecution, shall be imprisoned in the county jail for not exceeding 10 days. Any minor 14 years of age or over may be prosecuted for any violation of this section pursuant to W.S.A. ss. 938.17, 938.237, 48.37 and 938.343.
(b)
Any parent, guardian or person having legal custody of a child under 18 years of age and who has been warned in the manner provided in Subsection (11) above and who thereafter violates any of the provisions of this section shall be punishable as provided in § 20.04, Bond Schedule, together with the cost of prosecution, and, in default of the payment of forfeiture and cost of prosecution, he or she shall be imprisoned in the county jail until such forfeiture and costs of prosecution are paid, but not exceeding 90 days.
(1)
Compliance required. It shall be unlawful for any person, corporation
or other legal entity to suffer, cause or permit the operation of
a massage establishment or for a person to operate as a massage technician,
agent, manager or employee, except in strict compliance with this
section.
(2)
MASSAGE
MASSAGE ESTABLISHMENT
MASSAGE ROOM
MASSAGE TECHNICIAN
OPERATOR
PATRON
SEXUAL OR GENITAL PARTS
WAITING AREA
Definitions. For the purposes of this section, the following definitions
shall apply:
Any process or procedure consisting of rubbing, stroking,
kneading or tapping, by physical or mechanical means, upon the external
parts or tissues of the body of another for a consideration.
A place of business wherein private massage is practiced,
used or made available as a principal use of the premises.
The area where private massage is performed.
A person who practices, administers or uses or offers to
practice, administer or use massage for a consideration.
Any person, association, firm, partnership or corporation
licensed by the City to operate a massage establishment.
Any person who receives a massage under such circumstances
that it is reasonably expected that he or she will pay money or give
any consideration therefor.
Includes the genitals, pubic area, buttocks, anus or perineum
of any person, or the vulva or breasts of a female.
An area adjacent to the main entrance that is separate from
any area where massages are given.
(3)
Massage establishment license.
(a)
License required. No person shall suffer, cause or permit the conduct
of a massage establishment without having first obtained a license
therefor from the Council upon the recommendation of the Finance Committee.
A separate license shall be acquired for each such establishment,
said license to be in effect from July 1 to June 30.
(b)
Location restricted. No license shall be granted for any establishment,
the main entrance to which is within 75 feet of the main entrance
to a residence or of the common entry hall to residences, nor for
any room or rooms in any hotel or motel.
(c)
Application. Application shall be made in writing on forms supplied
by the Clerk-Treasurer. If application is made for a location not
previously licensed, the Clerk-Treasurer shall, by regular mail, notify
all property owners and registered electors within 250 feet of the
proposed location at least 10 days before the hearing on the granting
of such license. All applications shall include the following:
1.
A nonrefundable fee as set by Council resolution.
[Amended 12-8-1999 by Ord. No. 1438]
2.
The location and mailing address of the proposed establishment.
3.
For an individual or for each person of a partnership or joint venture
or agent of a corporation:
a.
Name and present address.
b.
The two immediately previous addresses and dates of residence
at each such address.
c.
Height, weight, color of hair and eyes, social security number,
written proof of age, full set of fingerprints and a recent photograph.
d.
The business or occupation for the two years immediately preceding
the date of application.
e.
Whether a similar license had been revoked or suspended and,
if so, the reason therefor and the location thereof.
f.
Whether convicted of any crime or ordinance violation related
to a massage parlor operation or similar activity within the past
three years and, if so, a listing of the same and the locations thereof.
4.
If the applicant is a corporation, the names and addresses of each
officer and director and of the stockholders of such corporation,
together with the extent of the ownership of each and a statement
whether such officer, director or stockholder holds office or stock
in any other corporation conducting a similar business in the State
of Wisconsin. Such application shall be made by an agent registered
as such who is a resident of the City.
5.
All telephone numbers of the proposed establishment.
6.
The names, addresses and telephone numbers of all persons employed
by the applicant at the proposed establishment at the time of application.
7.
Certification of compliance of the proposed premises with the Building
Code and Fire Code, or in the alternative, the applicant shall file
a bond assuring that any work required to be done to bring the premises
up to code shall be done. Compliance with such codes shall be conditions
precedent to the opening of business.
8.
The application shall contain a statement signed by the applicant
and each individual of a partnership or joint venture that all information
contained therein is true and correct.
(d)
Additional managers. The issuance of this license shall allow for
the licensing of up to three additional managers for each establishment.
(4)
Massage technician's and manager's license.
(a)
License required. No person shall act or operate for a consideration
as a massage technician or manager without having first obtained a
license to do so.
(b)
Application. Applications for license shall be in writing on forms
supplied by the Clerk-Treasurer and shall include:
1.
A nonrefundable fee as set by Council resolution.
[Amended 12-8-1999 by Ord. No. 1438]
2.
The applicant's full name, present address, social security number,
written proof of age in excess of 18 years, height, weight, color
of hair and eyes, full set of fingerprints and a recent photograph.
3.
The applicant's two previous addresses and dates of residence at
each.
4.
The applicant's business, occupation or employment during the two
years immediately preceding date of application.
5.
Whether the applicant has had a similar permit revoked or suspended
and, if so, the reason therefor and the location thereof.
6.
Whether the applicant has been convicted of any crime or ordinance
violation related to a massage parlor operation or similar activity
within the past three years and, if so, a listing of the same and
the locations thereof.
7.
For technicians only, a certificate from a licensed physician that
the applicant has been examined and found to be free of communicable
diseases and showing that such examination occurred less than 30 days
prior to the date of application.
8.
The name and address of the licensed massage establishment by which
the applicant is employed.
9.
A statement signed by the applicant that all information contained
therein is true and correct.
(5)
Granting of license.
(a)
A license may be granted by the Council after a hearing at which
the applicant may be heard. At least 10 days' notice of such hearing
shall be given to the applicant.
(b)
The Council shall grant a license within 30 days of application unless
it is shown, for a massage establishment license, that the operation
as proposed by the applicant does not comply with all applicable state
laws and this Code and, for all licenses, that the applicant or any
partner or any officer, director or stockholder of a corporate applicant
has been convicted in a court of competent jurisdiction of an offense
under W.S.A. Ch. 944, or involving substances included in Subchapter
II of W.S.A. Ch. 161,[1] or of an offense against the person or property of another
within the past three years, that the information required on the
application is incomplete or that any applicant has knowingly or with
the intent to deceive made any false, misleading or fraudulent statement
of fact in the application or any other document required by the City
in conjunction therewith, or that the applicant is not a resident
of the City prior to date of application.
[1]
Editor's Note: W.S.A. Ch. 161 was renumbered and repealed
in part by 1995 Act 448. See now W.S.A. Ch. 961.
(c)
In the event of denial, the applicant shall receive written notification
thereof setting forth the reasons for the denial within 10 days after
such denial.
(d)
Licenses granted by the Council shall expire one year from the date
of granting. Reapplication therefor shall not be less than 60 days
prior to such expiration date and shall be the sole responsibility
of the applicant.
(e)
No license shall be transferred between locations or persons and
no massage establishment license shall be sold or be subject to transfer
to corporate assets or change of corporate officers or directors.
(f)
The massage technician's license does not entitle the holder to operate
or manage a massage establishment.
(6)
Regulation of operations and licenses.
(a)
Each establishment shall at all times maintain and comply with the
following regulations:
1.
The establishment shall comply with all City codes.
3.
No establishment shall be open for business between the hours of
10:00 p.m. and 8:00 a.m.
4.
Only massage technicians licensed pursuant to this section shall
be employed as massage technicians by the establishment.
5.
The practice of all massage technicians employed by the establishment
shall be limited to the licensed premises.
6.
No person under the age of 18 years shall be permitted on the premises.
7.
No intoxicating beverages or substances included in Subchapter II
of W.S.A. Ch. 161[3] shall be permitted in the licensed establishment. Food
shall be permitted only when there is no charge therefor and when
a food preparation area, including sink with hot and cold running
water, is a part of the establishment. A state license shall be obtained
for selling or dispensing food when said license would be required
pursuant to state law.
[3]
Editor's Note: W.S.A. Ch. 161 was renumbered and repealed
in part by 1995 Act 448. See now W.S.A. Ch. 961.
8.
The establishment shall provide a waiting area for patrons separate
from any area wherein massages are given. There shall be direct access
to this area from the main entrance or from the hallway connected
only to the main entrance.
9.
The operator or a licensed manager shall be present on the premises
at all times during hours of operation and shall be responsible for
the operation of the establishment.
10.
The establishment shall permit inspections of the premises at
any time during business hours by the Building Inspector, Fire Inspector,
Health Officer or personnel of any law enforcement agency.
[Amended 9-8-1999 by Ord. No. 1419]
11.
The establishment shall keep records of the names and addresses
of all of its massage technicians, agents, managers and employees
and the date of employment and termination of each. Such records shall
be open to inspection by any of the personnel listed in Subsection
(6)(a)10 above.
12.
The establishment shall report any change of fact required on
the application form and all personnel changes to the Clerk-Treasurer
within 10 days after such change.
(b)
Each technician shall at all times comply with the following regulations:
1.
The technician shall practice only on the premises of a licensed
massage establishment.
2.
The technician shall massage only patrons over the age of 18 years.
4.
The technician shall report any change of fact required in the application
form to the Clerk-Treasurer within 10 days after such change.
5.
It shall be unlawful for any person:
a.
In a massage establishment to place his or her hand or hands
upon, to touch with any part of his or her body, to fondle in any
manner or to massage a sexual or genital part of any other person.
b.
In a massage establishment to expose his or her sexual or genital
parts or any portion thereof to any other person. It shall also be
unlawful for any person in a massage establishment to expose the sexual
or genital parts, or any portion thereof, of any other person.
c.
While in the presence of any other person in a massage establishment,
to fail to conceal with a fully opaque covering the sexual or genital
parts of his or her body.
d.
Owning, operating or managing a massage establishment knowingly
to cause, allow or permit in or about such massage establishment any
agent, employee or any other person under his or her control or supervision
to perform such acts prohibited in Subsection (6)(b)5a, b or c above.
e.
In a massage establishment, for a consideration, to offer to
perform or to make available, permit or in any way participate in
the performance of any act prohibited by Subsection (6)(b)5a, b or
c above.
(7)
Revocation or suspension of license.
(a)
Grounds. The license granted herein may be revoked or suspended for
up to six months by the Council:
1.
If the applicant has made or recorded any statement required by this
section knowing it to be false or fraudulent or intentionally deceptive.
2.
For the violation of any provision of this section, except for establishment
license matters involving violations of City codes, in which case
the license shall be revoked after the second conviction thereof in
any license year.
3.
If a technician's or manager's license, after one conviction of any
offense under W.S.A. Ch. 944, or of an offense involving substances
included in Subchapter II of W.S.A. Ch. 161,[4] or of an offense against the person or property of a patron,
whether such occurred on or off the premises of the establishment.
[4]
Editor's Note: W.S.A. Ch. 161 was renumbered and repealed
in part by 1995 Act 448. See now W.S.A. Ch. 961.
4.
If an establishment license, after one conviction of any establishment
personnel of an offense under W.S.A. Ch. 944, or of an offense against
the person or property of a patron or of an offense involving substances
in Subchapter II of W.S.A. Ch. 161,[5] where there is shown the participation or knowledge of
any other establishment personnel or of any individual within the
business structure of the applicant.
[5]
Editor's Note: W.S.A. Ch. 161 was renumbered and repealed
in part by 1995 Act 448. See now W.S.A. Ch. 961.
(b)
Notice and hearing. No license shall be revoked or suspended by the
Council except upon due notice and a hearing to determine whether
grounds for such action exist. The notice shall be in writing and
shall state the grounds of the complaint against the licensee. The
notice shall be served upon the licensee at least 15 days prior to
the date of the hearing and shall state the time and place thereof.
The licensee shall be entitled to be heard, to be represented, to
cross examine opposing witnesses and to present witnesses in his or
her own behalf under the subpoena of the Council, if such is required.
The hearing shall be stenographically recorded, and a copy of the
transcript shall be available to the licensee at the expense of the
licensee. The Council shall decide the matter and shall prepare a
written decision which shall be filed with the Clerk-Treasurer and
a copy thereof mailed to the licensee within 20 days after the hearing.
(8)
Exceptions. This section shall not apply to the following classes
of individuals while engaged in the duties of their respective professions:
(a)
Physicians, surgeons, chiropractors, osteopaths, masseurs or physical
therapists licensed or registered to practice their respective professions
under the laws of the State of Wisconsin or nurses registered under
the laws of the State of Wisconsin acting under their direction and
control.
(b)
Barber shops and beauty parlors, barbers and beauticians licensed
under the laws of the State of Wisconsin, provided that such massage
as is practiced is limited to the head and scalp.
(c)
Accredited high schools and colleges, and coaches and trainers therein,
while acting within the scope of their employment.
(9)
Operation without a license a public nuisance. The operation of a
massage establishment without a license or the activity of an individual
as a massage technician without a license is deemed a public nuisance
and may be enjoined by the City.
[Added by Ord. No. 1096]
(1)
Purpose and authority.
(a)
It is a lawful purpose of the Council to enact regulatory ordinances
protecting and promoting the general welfare, health and safety of
its citizens.
(b)
The City is empowered to enact such ordinances pursuant to the Constitution
and laws of the State of Wisconsin.
(c)
The Council deems it necessary to provide for licensing and regulation
of adult-oriented establishments, including but not limited to adult
bookstores, adult mini motion-picture establishments, adult motion-picture
theaters and adult cabarets.
(d)
Many adult-oriented establishments install booths with doors in which
patrons can view adult-oriented movies or videotape or film or view
other forms of adult entertainment.
(e)
It is well known and has been found that viewing booths in adult-oriented
establishments have been and are being used by patrons of said establishments
for engaging in sexual acts, particularly between males, including
but not limited to intercourse, sodomy, oral copulation and masturbation,
resulting in unsafe and unsanitary conditions in said booths.
(f)
The State Board of Health has indicated that as of November 1, 1989,
553 cases of Acquired Immune Deficiency Syndrome (AIDS) were reported
in the state, including 334 that resulted in death, and that Wisconsin
can expect a significant increase in reported cases.
[Amended 9-8-1999 by Ord. No. 1419]
(g)
AIDS is a sexually transmitted disease which destroys the body's
immune system, is always fatal and has no known cure.
(h)
The viral agents responsible for AIDS and other sexually transmitted
diseases have all been isolated at one time or another from semen.
(2)
ADULT BOOKSTORE
ADULT CABARET
ADULT ENTERTAINMENT
ADULT MINI MOTION-PICTURE THEATER
ADULT MOTION-PICTURE THEATER
ADULT-ORIENTED ESTABLISHMENT
COUNCIL
OPERATOR
PUBLIC INDECENCY
PUBLIC PLACE
SPECIFIED ANATOMICAL AREA
SPECIFIED SEXUAL ACTIVITIES
Definitions. For the purpose of this section, the terms used shall
be defined as follows:
An establishment having as its stock-in-trade, for sale,
rent, lease, inspection or viewing, books, films, video cassettes,
magazines or other periodicals which are distinguished or characterized
by their emphasis on matters depicting, describing or relating to
specific sexual activities or specified anatomical areas, as defined
below, and, in conjunction therewith, have facilities for the presentation
of adult entertainment, as defined below, including adult-oriented
films, movies or live performances, for observation by patrons therein.
A cabaret which features topless dancers, strippers, male
or female impersonators or similar entertainers.
Any exhibition of any motion pictures, live performance,
display or dance of any type which has as its dominant theme, or is
distinguished or characterized by an emphasis on, any actual or simulated
specified sexual activities or specified anatomical areas, as defined
below, or the removal of articles of clothing or appearing partially
or totally nude.
An enclosed building with a capacity of fewer than 50 persons
used for presenting material having as its dominant theme, or distinguished
or characterized by an emphasis on, matters depicting, describing
or relating to specified sexual activities or specified anatomical
areas, as defined below, for observation by patrons therein.
An enclosed building with a capacity of 50 or more persons
used for presenting material having as its dominant theme, or distinguished
or characterized by an emphasis on, matters depicting, describing
or relating to specified sexual activities or specified anatomical
areas, as defined below, for observation by patrons therein.
Includes, but is not limited to, adult bookstores, adult
motion-picture theaters, adult mini motion-picture establishments
or adult cabarets and further means any premises to which public patrons
or members are invited or admitted and which are so physically arranged
so as to provide booths, cubicles, rooms, compartments or stalls separate
from the common areas of the premises for the purposes of viewing
adult-oriented motion pictures, or wherein an entertainer provides
adult entertainment to a member of the public, a patron or a member,
whether or not such adult entertainment is held, conducted, operated
or maintained for a profit, direct or indirect.
The Common Council of the City of Shawano.
Any person, partnership or corporation operating, conducting,
maintaining or owning any adult-oriented establishment.
[Added by Ord. No. 1308]
Any location frequented by the public, or where the public
is present or likely to be present, or where a person may reasonably
be expected to be observed by members of the public. Public places
include, but are not limited to, streets, sidewalks, parks, beaches,
business and commercial establishments (whether for profit or not-for-profit
and whether open to the public at large or where entrance is limited
by a cover charge or membership requirement), bottle clubs, hotels,
motels, restaurants, nightclubs, country clubs, cabarets and meeting
facilities utilized by any religious, social, fraternal or similar
organizations. Premises used solely as a private residence whether
permanent or temporary in nature shall not be deemed to be a public
place. Public place shall not include enclosed single-sex public rest
rooms, enclosed single-sex functional showers, locker and/or dressing
room facilities, enclosed motel rooms and hotel rooms designed and
intended for sleeping accommodations, doctor's offices, portions of
hospitals and similar places in which nudity or exposure is necessarily
and customarily expected outside of the home and the sphere of privacy
constitutionally protected therein; nor shall it include a person
appearing in a state of nudity in a modeling class operated by: (1)
a proprietary school licensed by the State of Wisconsin, a college,
junior college or university supported entirely or partly by taxation;
or (2) a private college or university which maintains and operates
educational programs in which credits are transferable to a college,
junior college or university supported entirely or partly by taxation
or an accredited private college. Public place does not include a
private facility which has been formed as a family-oriented clothing
optional facility, properly licensed by the state.
[Added by Ord. No. 1308]
Simulated or actual:
(3)
License required.
(a)
No adult-oriented establishment shall be operated or maintained in
the City without first obtaining a license to operate, issued by the
City.
(b)
A license may be issued only for one adult-oriented establishment
located at a fixed and certain place. Any person, partnership or corporation
which desires to operate more than one adult-oriented establishment
must have a license for each.
(c)
No license or interest in a license may be transferred to any person,
partnership or corporation.
(4)
Application for license.
(a)
Any person, partnership or corporation desiring to secure a license
shall make application to the Clerk-Treasurer. The application shall
be filed in triplicate with and dated by the Clerk-Treasurer. A copy
of the application shall be distributed promptly by the Clerk-Treasurer
to the Police Department and to the applicant.
(b)
The application for a license shall be upon a form provided by the
Clerk-Treasurer. An applicant for a license interested directly in
the ownership or operation of the business shall furnish the following
information under oath:
1.
Name and permanent address, telephone number and temporary address,
if any.
2.
Age, height, weight and color of hair and eyes.
3.
Written proof that the individual is at least 18 years of age.
4.
The address of the adult-oriented establishment to be operated by
the applicant.
5.
If the applicant is a corporation, the application shall specify
the name of the corporation, the date and state of incorporation,
the name and address of the registered agent and the name and address
of all shareholders owning more than 5% of the stock in said corporation
and all officers and directors of the corporation.
(c)
Within 21 days of receiving an application for a license, the Clerk-Treasurer
shall notify the applicant whether the application is granted or denied.
(d)
Whenever an application is denied, the Clerk-Treasurer shall advise
the applicant, in writing, of the reasons for such action. If the
applicant requests a hearing within 10 days of receipt of notification
of denial, a public hearing shall be held within 10 days thereafter
before the Council, as hereinafter provided.
(e)
Failure or refusal of the applicant to give any information relevant
to the investigation of the application or his or her refusal or failure
to appear at any reasonable time and place for examination under oath
regarding said application or his or her refusal to submit to or cooperate
with any investigation required by this section shall constitute an
admission by the applicant that he or she is ineligible for such license
and shall be grounds for denial thereof by the Clerk-Treasurer.
(5)
Standards for issuance of license.
(a)
To receive a license to operate an adult-oriented establishment,
an applicant must meet the following standards:
2.
If the applicant is a corporation:
a.
All officers, directors and stockholders required to be named
under Subsection (4)(b) above shall be at least 18 years of age.
b.
No officer, director or stockholder required to be named under
Subsection (4)(b) above shall have been found to have previously violated
this section within five years immediately preceding the date of the
application.
3.
If the applicant is a partnership, joint venture or any other type
of organization where two or more persons have a financial interest:
a.
All persons having a financial interest in the partnership,
joint venture or other type of organization shall be at least 18 years
of age.
b.
No person having a financial interest in the partnership, joint
venture or other type of organization shall have been found to have
violated any provision of this section within five years immediately
preceding the date of the application.
4.
For any applicant:
a.
The application cannot contain any material omission or materially
inaccurate statement.
b.
The applicant shall not have been convicted of a crime, statutory
violation or ordinance violation within the last five years, the nature
of which is directly related to the applicant's fitness to engage
in said adult-oriented establishment.
(6)
Fees. A license fee as set by Council resolution shall be submitted
with the application for a license. If the application is denied,
1/2 of the fee shall be returned.
[Amended 12-8-1999 by Ord. No. 1438]
(7)
Display of license or permit. The license shall be displayed in a
conspicuous public place in the adult-oriented establishment.
(8)
Renewal of license or permit.
(a)
Every license issued pursuant to this section shall terminate at
the expiration of one year from the date of issuance unless sooner
revoked and must be renewed before operation is allowed in the following
year. Any operator desiring to renew a license shall make application
to the Clerk-Treasurer. The application for renewal must be filed
not later than 60 days before the license expires. The application
for renewal shall be filed in triplicate with and dated by the Clerk-Treasurer.
A copy of the application for renewal shall be distributed promptly
by the Clerk-Treasurer to the Police Department and to the operator.
The application for renewal shall be upon a form provided by the Clerk-Treasurer
and shall contain such information and data, given under oath or affirmation,
as is required for an application for a new license.
(b)
A license renewal fee as set by Council resolution shall be submitted
with the application for renewal. In addition to the renewal fee,
a late penalty as set by Council resolution shall be assessed against
the applicant who files for a renewal less than 60 days before the
license expires. If the application is denied, 1/2 of the total fees
collected shall be returned.
[Amended 12-8-1999 by Ord. No. 1438]
(c)
If the Police Department is aware of any information bearing on the
operator's qualifications, that information shall be filed in writing
with the Clerk-Treasurer.
(9)
Revocation of license.
(a)
The Council shall revoke a license or permit for any of the following
reasons:
1.
Discovery that false or misleading information or data was given
on any application or material facts were omitted from any application.
2.
The operator or any employee of the operator violates any provision
of this section or any rule or regulation adopted by the Council pursuant
to this section; provided, however, that in the case of a first offense
by an operator where the conduct was solely that of an employee, the
penalty shall not exceed a suspension of 30 days if the Council shall
find that the operator had no actual or constructive knowledge of
such violation and could not, by the exercise of due diligence, have
had such actual or constructive knowledge.
3.
The operator becomes ineligible to obtain a license or permit.
4.
Any cost or fee required to be paid by this section is not paid.
5.
Any intoxicating liquor or cereal malt beverage is served or consumed
on the premises of the adult-oriented establishment.
(b)
The Council, before revoking or suspending any license or permit,
shall give the operator at least 10 days' written notice of the charges
against him or her, and the opportunity for a public hearing before
the Council, as hereinafter provided.
(c)
The transfer of a license or any interest in a license shall automatically
and immediately revoke the license.
(d)
Any operator whose license is revoked shall not be eligible to receive
a license for one year from the date of revocation. No location or
premises for which a license has been issued shall be used as an adult-oriented
establishment for six months from the date of revocation of the license.
(10)
Physical layout of adult-oriented establishment. Any adult-oriented
establishment having available for customers, patrons or members any
booth, room or cubicle for the private viewing of any adult entertainment
must comply with the following requirements:
(a)
Access. Each booth, room or cubicle shall be totally accessible
to and from aisles and public areas of the adult-oriented establishment
and shall be unobstructed by any door, lock or other control-type
devices.
(b)
Construction. Every booth, room or cubicle shall meet the following
construction requirements:
1.
Each booth, room or cubicle shall be separated from adjacent
booths, rooms and cubicles and any nonpublic areas by a wall.
2.
Each booth, room or cubicle shall have at least one side totally
open to a public lighted aisle so that there is an unobstructed view
at all times of anyone occupying same.
3.
All walls should be solid and without any openings, extended
from the floor to a height of not less than six feet and be light
colored, nonabsorbent, smooth textured and easily cleanable.
4.
The floor must be light colored, nonabsorbent, smooth textured
and easily cleanable.
5.
The lighting level of each booth, room or cubicle, when not
in use, shall be a minimum of 10 footcandles at all times, as measured
from the floor.
(c)
Occupants. Only one individual shall occupy a booth, room or
cubicle at any time. No occupant of same shall engage in any type
of sexual activity, cause any bodily discharge or litter while in
the booth. No individual shall damage or deface any portion of the
booth.
(11)
Responsibilities of the operator.
(a)
Every act or omission by an employee constituting a violation
of the provisions of this section shall be deemed the act or omission
of the operator if such act or omission occurs either with the authorization,
knowledge or approval of the operator or as a result of the operator's
negligent failure to supervise the employee's conduct, and the operator
shall be punishable for such act or omission in the same manner as
if the operator committed the act or caused the omission.
(b)
Any act or omission of any employee constituting a violation
of the provisions of this section shall be deemed the act or omission
of the operator for purposes of determining whether the operator's
license shall be revoked, suspended or renewed.
(c)
No employee of an adult-oriented establishment shall allow any
minor to loiter around or to frequent an adult-oriented establishment
or to allow any minor to view adult entertainment, as defined herein.
(d)
The operator shall maintain the premises in a clean and sanitary
manner at all times.
(e)
The operator shall maintain at least 10 footcandles of light
in the public portions of the establishment, including aisles, at
all times. However, if a lesser level of illumination in the aisles
shall be necessary to enable a patron to view the adult entertainment
in a booth, room or cubicle adjoining an aisle, a lesser amount of
illumination may be maintained in such aisles; provided, however,
that at no time shall there be less than one footcandle of illumination
in said aisles, as measured from the floor.
(f)
The operator shall ensure compliance of the establishment and
its patrons with the provisions of this section.
(12)
Administrative procedure and review. This Code and the Wisconsin
statutes shall govern the administrative procedure and review regarding
the granting, denial, renewal, nonrenewal, revocation or suspension
of a license.
(13)
Exclusions. All private schools and public schools, as defined in
W.S.A. Ch. 115, located within the City are exempt from obtaining
a license hereunder when instructing pupils in sex education as part
of its curriculum.
[Added 4-18-2006 by Ord. No. 1645]
(1)
Delinquent taxes, assessments, etc.
(a)
Premises. No initial or renewal of a license or permit issued
by the City under this chapter shall be granted for any premises for
which local taxes, assessments, forfeitures, or other claims of the
City are delinquent or unpaid.
(b)
Persons. No initial or renewal of a license or permit issued
by the City under this chapter shall be granted to any person:
(c)
Right to hearing. Unless as otherwise provided herein, the provisions of W.S.A. s. 125.12(2) and (3) shall be applicable to a proceeding in which the City intends to refuse to grant, issue or renew any license or permit issued by the City due to the provisions of § 7.161(1)(a) and (b) herein.
[Added by Ord. No. 1195; amended by Ord. No.
1218]
(1)
Adoption of Wisconsin Administrative Code ILHR 10. Wisconsin Administrative Code ILHR Ch. 10, Flammable and Combustible Liquids, as amended, is incorporated herein by reference.
(2)
Installation plans required. Plans for installation of any tank for
the storage, handling or use of flammable or combustible liquids having
an individual capacity of less than 4,999 gallons shall be submitted
for local review and written approval by the Fire Chief before starting
any of the following:
(a)
Construction of new or additional aboveground or underground tank
installation or piping installation.
(b)
Change in operation of an installation from storage of a nonregulated
substance to a regulated substance.
(c)
Upgrading to bring into compliance an existing piping or tank installation
for the handling or use of flammable or combustible liquids.
(d)
Addition of vapor or groundwater monitoring wells.
(e)
Addition of leak detection.
(f)
Addition of spill or overfill protection.
(g)
Tank lining.
(3)
Fees. An inspection or permit fee shall be charged for each tank
and shall be paid at the time the plans are submitted or application
is made for a permit as follows:
(b)
Tank installation inspection fee (for any tank of 4,999 gallons or
less capacity used for storing motor fuel, waste oil and any tank
used for storing heating oil for consumptive use on the premises where
stored): fee as set by Council resolution.
[Amended 12-8-1999 by Ord. No. 1438]
(c)
Tank abandonment in place or removal permit fee: fee as set by Council
resolution.
[Amended 9-8-1999 by Ord. No. 1419; 12-8-1999 by Ord. No. 1438]
(d)
Miscellaneous fees. In addition to the fees as set forth herein,
the Fire Department shall charge fees as set by Council resolution
for the various inspections required by state law or based upon policy
of the Fire Department.
[Amended 12-8-1999 by Ord. No. 1438]
NOTE: The above fees shall be doubled upon failure to initiate
a permit prior to installation or removal.
|
(4)
Notification required.
(5)
Inspections.
(a)
General. Inspections shall be made by the Fire Chief to ascertain
whether the construction or installation conforms to conditionally
approved plans and the provisions of the Wisconsin Administrative
Code.
(7)
Enforcement. The requirements of the Wisconsin Administrative Code
shall be enforced by the Fire Chief. Any reference to the "Fire Chief"
shall include any authorized representative of the Fire Chief.
[Added 11-9-2005 by Ord. No. 1633[1]]
(1)
Charges for services. The Common Council of the City of Shawano adopts
the following polices with regard to the type of service rendered:
(a)
Wild fire. The costs of fire protection for a wild fire shall
be charged back to the owner(s) whose property is directly protected
by the fire service. If more than one property is protected, each
shall receive a portion of the total charge for service, which shall
be by equal fraction unless the Fire Department specifies more exactly
the protection afforded to each. In the event the owner or occupant
of any such property did not intentionally set the wild fire, or if
the fire was intentionally started on land of another by that owner,
occupant or trespasser, such owner being charged would never be billed
over $750. Where not intentionally set under these terms, or set on
land of another where the owner had no control, only firefighter labor
charges will be billed.
(b)
Other fires. The owner of any property served shall pay the
entire cost of fire fighter labor including standby firefighters,
nonwater material used in such fire protection and equipment rented
or used for the specific fire being billed, supplied by another department,
municipality or business. If more than one property is protected,
each owner shall be liable for a portion of the total charge for service,
which shall be by equal fraction unless the Fire Department specifies
more exactly the protection level or costs afforded to each parcel.
(c)
Vehicle fire. Charges for fire protection in response to a vehicle
fire or threat of fire are charged to the vehicle owner who drove
said vehicle or granted permission for another to drive it. Actual
expenses for vehicle, labor and special materials used will be billed
back to said owner, along with any towing or disposal charge.
(d)
JAWS. In the event the JAWS unit is utilized or brought to the
scene for removal from a vehicle or structure, this charge shall be
billed to the owner. This charge is in addition to the fire call billing
limits set forth herein, when both types of service occur.
(e)
Rescue not fire related. Often such rescues will take place
on a navigable body of water and may involve Fire Department personnel
and/or equipment used by the City or other fire departments, or in
conjunction with law enforcement efforts.
(2)
Rates. The City will bill the actual firefighter labor costs and
supplies or materials actually used on the emergency protection response.
[Amended 9-13-2006 by Ord. No. 1653; 5-13-2009 by Ord. No. 1749]
(3)
Property covered. All real and personal property located within the
City of Shawano shall be subject to the emergency protection response
fee, including property which is exempt from real estate and/or personal
property taxes, such as government property, church property and school
property.
(4)
Persons liable. Each owner of real estate and each owner of personal
property for which an emergency call is made by the Fire Department,
and each person responsible for causing or starting a fire, or other
emergency situation for which an emergency call is made by the Fire
Department, shall be jointly and severally liable to the City for
the fees established herein.
(5)
Interest. Bills not paid within 30 days shall accrue interest at
the rate of 1 1/2% per month (18% per annum). Bills will include
information about the interest charge.
(6)
Special charges. All unpaid fees and accrued interest charged against
the owner/s of real estate shall become a lien against the real estate
for which the emergency protection was provided and, if not paid within
90 days from the date of first billing, shall be placed on the tax
roll by the City as a special charge against such real property pursuant
to W.S.A. s. 66.0627. All unpaid fees and accrued interest charged
against the owner of personal property shall be collected in any manner
permitted by law if not paid within 90 days from the date of first
filing. As an alternative to and in additions to the provisions set
forth above, the City may pursue any remedy available at law or in
equity for the collection of unpaid fees.
(7)
Appeal. Any property owner or responsible person who wishes to appeal
the emergency protection response fee can file an appeal with the
City Finance Committee by filing a City of Shawano Emergency Fee Appeal
with the City Clerk’s office within 30 days after the date of
the first billing. There shall only be one appeal allowed per Fire
Department call.
[Added 4-18-2016 by Ord.
No. 1889]
[1]
Editor's Note: The ordinance provided for an effective date
of 1-1-2006.
[Added by Ord. No. 1179; amended 12-8-1999 by Ord. No. 1438; 6-13-2012 by Ord. No. 1814]
(1)
Required. No person shall launch or dock a watercraft at any City
of Shawano boat ramp facility without paying the applicable daily
or annual permit fee. A "watercraft" shall include all watercraft
used or capable of being used as a means of transportation on water.
(3)
Payment of fee and sticker. Upon payment of the permit fee to the
Clerk-Treasurer, a sticker shall be issued. The sticker must be permanently
affixed to either the vehicle's left bumper or attached to the left
side of the trailer tongue (as you face rear of the vehicle).
(4)
Penalty.[1] A person who shall violate any provision of this section shall be subject to the penalty provided in § 20.04 of this Code. The owner of a vehicle involved in a violation of this section shall be liable for the violation. It shall be no defense to a violation of this section that the owner was not operating the vehicle at the time of the violation.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 20.04 of this Code, in addition to the specific penalties provided in this chapter. A separate offense shall be deemed committed on each day on which a violation of this chapter occurs or continues.
[Added 8-10-2005 by Ord. No. 1621A]
Fees as set by Council resolution shall be charged to license
applicants who do not return completed applications by the stated
due date and/or withdraw their applications.