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City of Monroe, WI
Green County
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Table of Contents
Table of Contents
[8-27-2012; 2016 Code]
Except as otherwise provided in this chapter, the provisions of chapter 98 of the Wisconsin statutes and ATCP 92 of the Wisconsin administrative code are hereby adopted and by reference made a part of this chapter. Any act required or prohibited by any statute or code incorporated in this chapter by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the sections of statutes or administrative code incorporated in this chapter by reference are intended to be made a part of this chapter.
[8-27-2012; 2016 Code]
The city hereby grants the authority and duties of sealers and inspectors required by this chapter to the department.
[8-27-2012; 2016 Code]
In this chapter:
Means an electronic scanner used to record the price of a commodity or thing and a device used in establishing the size, quantity, extent, area or measurement of quantities, things, produce or articles for sale, hire or award, or in computing any basic charge or payment for goods or services provided on the basis of weight or measure.
Means the Wisconsin department of agriculture, trade and consumer protection.
Means weights and measures of every kind, commercial weighing and measuring devices, and any appliances and accessories used with any or all such commercial weighing and measuring devices, except meters for the measurement of electricity, natural and manufactured gas, and water when operated in a public utility system.
Means a license issued pursuant to this chapter for the operation and maintenance of commercial weighing and measuring devices.
Means the program for the administration and enforcement of this chapter and applicable law.
[8-27-2012; 2016 Code]
License requirements. Except as provided in subsection (B), no person shall operate for commercial purposes any commercial weighing and measuring device within the city unless a weights and measures license is issued pursuant to this chapter.
Exemptions. The following commercial weighing and measuring devices are exempt from licensing under this chapter.
Devices used by transient merchants, street vendors and farm products vendors as defined in chapter 7 of title 3 of the this code; and
Devices tested under the jurisdiction of another municipality or the state of Wisconsin if used in the city for no more than five days per year.
[8-27-2012; 2016 Code]
An application for a weights and measures license shall be made in writing on a form provided for such purpose by the city clerk and shall be signed by the applicant. Such application shall state the type and number of commercial weighing and measuring devices to be licensed, the location of such devices, the applicant's full name and address, and whether such applicant is an individual, partnership, limited liability company, corporation or other entity. If the applicant is not an individual, the application shall state the names and addresses of all principals, partners, officers and agents, including the registered agent thereof.
[8-27-2012; 2016 Code]
Upon receipt of a weights and measures license application and upon payment of an annual license fee in an amount set from time to time by resolution of the council, the city clerk shall issue a weights and measures license to the applicant. Each business location shall be required to obtain a separate weights and measures license.
[8-27-2012; 2016 Code]
The weights and measures license shall be for a term not exceeding one year, commencing on the date of issuance and ending on the next June 30. If a weights and measures license is issued for a term of less than one year, the license fee shall not be prorated.
[8-27-2012; 2016 Code]
It shall be unlawful to operate or maintain a commercial weighing and measuring device until a valid weights and measures license has been issued under this chapter.
[8-27-2012; 2016 Code]
Annual assessment. The council shall annually assess fees to each licensee based upon the number and types of commercial weighing and measuring devices authorized by the license issued to such licensee. The total fees assessed and collected shall not exceed the actual costs of the weights and measures program and administrative costs.
Clerk to prepare assessment. The city clerk shall annually prepare a proposed schedule of assessments to be submitted to the council. Each assessment shall be based upon the weights and measures license application, inspection fee from the Department, annual reports from the department detailing inspection hours, and the number of commercial weighing and measuring devices licensed in the city;
Class 1 notice. The city clerk shall publish notice of meeting of council to determine weights and measures assessments as a Class 1 notice and such notice shall specify that a copy of schedule of assessments for weights and measures licensees is available in the office of the city clerk upon request.
Council determines assessment. The council shall consider the city clerk's proposed schedule of assessments and determine the assessments on a reasonable basis. The city clerk shall mail to each weights and measures licensee an invoice for the amount of the fee assessed as determined by the council and each licensee shall pay the assessed fee within thirty days after the date the invoice is mailed.
Failure to pay fee assessment. If the assessed fee is not paid within thirty days after the date the invoice is mailed, an additional administrative collection charge of 10 percent of the total fee shall be added to the amount due, plus interest shall accrue thereon at 1.5 percent per month or fraction thereof until paid. To the extent permitted by law, if the licensee is the owner of the real estate where the licensed commercial weighing and measuring devices are located, any delinquent fee assessment shall be extended upon the current or the next tax roll as a special charge against the real estate. No license shall be issued or renewed under this chapter if the licensee is delinquent in the payment of a fee assessed under this chapter.
Mailing of notices. Schedules, notices and invoices shall be considered mailed to a licensee when mailed by first class mail, postage prepaid, to the licensee at the licensee's address as stated on the weights and measures application.
Change of ownership. If ownership of a business with commercial weighing and measuring devices licensed under this chapter is transferred during a license year, the owner of the business as of July 1 of the license year shall be liable and responsible for the payment of the fees assessed under this chapter.
[8-27-2012; 2016 Code]
Any person who violates any provision of this chapter shall upon conviction be subject to a Class 1 forfeiture. Each day a violation exists or continues to exist shall be a separate violation.