(A)
Definitions.
(1)
DOG — All individual species of the canine family (Canidae).
(2)
CAT — All individual species of the feline family.
(3)
OWNER — Any person, firm, association and corporation
which owns, possesses, keeps, has, uses, harbors, holds or maintains
any dog or cat.
(4)
LICENSE — The dog license provided by Chapter 174, Wis.
Stats., and the permits issued by the Village.
(5)
KENNEL LICENSE — A permit issued by the Village for the
purpose of creating, keeping or maintaining a dog kennel.
(6)
SANITARY — The condition of good order and cleanliness
which precludes the probability of disease transmission or becoming
a public nuisance.
(7)
OFFICER — The Building Inspector, law enforcement officer
or authorized humane agent.
(B)
State Statutes Adopted. The following sections of the Wisconsin
Statutes are hereby adopted by reference as a part of this chapter:
(1)
174.001 Definitions.
(2)
174.01 Restraining actions against dog.
(3)
174.042 Dogs running at large and untagged dogs subject to impoundment;
penalties.
(4)
174.05 Dog license tax.
(5)
174.055 Exemption of dogs for blind and deaf.
(6)
174.056 Dogs for blind and deaf admitted to public places.
(7)
174.06 Listing.
(8)
174.07 Dog licenses and collar tags. Subsections (1)(a)-(f).
(C)
License and Late Fees. As provided in § 174.05, Wis.
Stats., an additional tax and late fees shall be determined annually
by the Village Board by resolution. In the event that the Village
Board shall fail to adjust such additional tax or late fees annually,
the preceding annual rate for both the tax and late fees shall continue
into the ensuing year and until such time as changed by resolution.
(E)
Dogs Running at Large. Any dog running at large as set forth
in § 174.042, Wis. Stats., shall be impounded as herein
set forth and in addition to fees, penalties or forfeitures any person
who shall be convicted of a violation of permitting a dog to run at
large two times in any twelve-month period shall be deemed to have
created a public nuisance by permitting a dog to run at large and
such animal may be proceeded against as a public nuisance under Chapter
823, Wis. Stats.
(F)
Public Nuisance. No person shall keep or harbor any dog which
by loud or frequent or habitual barking, yelping or howling shall
cause serious annoyance of the neighborhood or to persons using the
sidewalks or streets as pedestrian or vehicle traffic. Such dog is
deemed to be a public nuisance and may be proceeded against in the
same manner as other public nuisances. In addition to such actions
to abate a nuisance, the owner or keeper shall be subject to the penalties
and forfeitures as set forth in § 25.04 of this Municipal
Code.
(G)
Sanitation.
(1)
No person, except the visually or physically handicapped, shall
cause or permit a dog to be on the property, public or private, not
owned or possessed by such person unless such person has in his immediate
possession an appropriate device for scooping excrement and an appropriate
depository for the transmission of excrement to a receptacle located
upon property owned or possessed by such person or a container to
transport excrement to a disposal container.
(2)
No person in control of a dog shall cause or permit any dog
to be on any property, public or private, not owned or possessed by
such person and fail to scoop and remove excrement left by such dog
to a property receptacle located on property owned or possessed by
such person.
(H)
Recovery of Impounded Dogs.
(1)
Any dog that shall be impounded under this chapter or statutes
of Wisconsin shall be recovered upon the payment to the impounding
officer of boarding fees, cost of capturing and transporting, and
cost of any immunization for rabies or distemper and any other costs
as may be charged for veterinarian service for the care and protection
of the dog. The impounding officer or designated person in charge
of the impoundment shall be hereby authorized to collect from the
owner or owner's representative, or other person obtaining release
of such dog, all of the fees and charges as shall be set forth in
a resolution adopted by the Village Board and amended from time to
time to reflect changes in such costs and fees. All such funds or
fees collected by the impounding officer or designee shall be delivered
to the Village Clerk/Treasurer.
The following sections of the Wisconsin Statutes relating to
rabies control are hereby adopted by reference as a part of this chapter:
(B)
Kennel License Required. No person shall keep, own or maintain
or harbor more than three dogs on the premises without first obtaining
a kennel license therefor.
(C)
Application.
(1)
Any person desiring to procure a license as herein provided
shall file with the Village Clerk/Treasurer, a written application.
Such application shall contain the name, residence and age of the
applicant, a full description of the premises, location of all entrances,
the housing and facilities to be furnished the animals, the total
number of animals to be accommodated, and the proposed plans of operation,
including applicant's methods and plans for keeping kennels clean
and sanitary.
(2)
Upon filing of an initial application with the information as
required herein, the Village Clerk/Treasurer shall transmit copies
of the application to the Plan Commission and to the Building Inspector.
The Plan Commission shall take the application under advisement and
make a recommendation to the Village Board as to whether the kennel
license should be issued. The Plan Commission shall consider the location
of the kennel in relation to adjoining property, the layout of kennels
and runways and that the zoning is proper for the kennel location.
The Plan Commission shall hold a public hearing on the application.
The Building Inspector shall make an investigation and recommendation
to the Village Board as to whether the kennel is equipped to provide
humane and sanitary care for dogs. The Village Board shall act upon
the recommendation of the Plan Commission and determine whether a
license should be issued for the applicant's location. The Village
Board may hold a public hearing and prior to issuing a license shall
be satisfied that the kennel shall not constitute a nuisance to the
community.
(D)
Annual Renewal; Inspections.
(1)
Kennel licenses shall be issued annually and shall expire on
December 31st of each year in which the license shall be issued and
licenses may be renewed from year to year upon application to the
Village Clerk/Treasurer and with the necessary dog license fees paid
as established by this chapter. The Humane Officer shall make inspections
and shall submit a report at least semi-annually with a recommendation
to the Board before a renewal application shall be granted by the
Board.
(2)
As a condition for the issue of any license or for any renewal
thereof, the licensee shall agree that the Building Inspector, Humane
Officer, or any law enforcement officer of the Village, County or
State shall be permitted to enter upon the premises without a warrant
for the purpose of inspection of the kennels, dogs and premises to
determine that such kennel is kept and maintained according to state
statutes and ordinances of the Village.
(E)
Revocation of Kennel License. Upon complaint, in writing, filed
with the Village Clerk/Treasurer by any officer as defined in this
chapter setting forth in detail a violation of the provisions of this
chapter or Wisconsin Statutes relating to dogs and dog kennels or
violation of any terms or conditions by which a kennel license was
granted by the Village Board may be cause for revocation of a kennel
license upon a hearing conducted by the Village Board. The licensee
shall be provided with a notice of such a hearing which shall be not
less than 10 days nor more than 20 days after service of such notice
to the licensee, his agent or other persons in charge of the kennel.
The licensee shall have the right to be represented by counsel at
such hearing and to cross-examine complainant's witnesses and present
evidence on his own behalf. The Village Clerk/Treasurer shall keep
a record of the proceedings and make a record of testimony which need
not be verbatim. The Village Clerk/Treasurer may also use mechanical
recording device for recording proceedings at such hearing. At the
conclusion of the hearing, the Board shall issue its decision in writing
and either dismiss the complaint or, if the evidence sustains the
complaint, the Board may, in its discretion, revoke the license of
the kennel and provide for disbanding of the kennel operations.
(F)
Dog License Tags For Kennels. Sections 174.053(1), Wis. Stats.,
Kennel License Option and § 174.053(2), Wis. Stats., Kennel
License Tags, are hereby adopted by reference as a part of this chapter
as if the same were set forth in full.
(A)
Any person who shall be convicted of violation § 12.02(B)
and shall fail to have a dog vaccinated against rabies may be required
to forfeit not less than $50 or more than $100.
(B)
Any person who shall refuse to comply with an order issued under
§ 12.02(C) for delivery of an animal to an isolation facility
or veterinarian who does not comply with the conditions that an animal
be quarantines shall be subject to a forfeiture of not less than $100
nor more than $500. Each day of violation shall constitute a separate
offense.
(C)
Any person who shall violate any other provision of § 12.01
through § 12.03 of these ordinances shall, upon conviction,
forfeit not less than $25 nor more than $100 for the first offense
and not less than $50 or more than $200 for each subsequent offense.
Each day of violation shall constitute a separate offense.
(A)
Registration Required. No sales person shall engage in direct
sales within the Village without obtaining registration for that purpose.
(B)
Definitions.
(1)
DIRECT SELLER — Any individual who for himself or for
a partnership, association or corporation sells goods, or writes sales
orders for the subsequent delivery of goods, at any location other
than the permanent business place or residence of such individual,
partnership, association or corporation, and shall including but not
be limited to, peddlers, solicitors and transient merchants —
The sale of goods includes donations required by the direct seller
for the retention of goods by a donor or prospective customer.
(2)
PERMANENT MERCHANT — A direct seller who, for at least
one year prior to the consideration of the application of this chapter
to such merchant:
(3)
GOODS — Shall include personal property of any kind, and
shall include goods provided incidental to services offered or sold.
(4)
CHARITABLE ORGANIZATION — Shall include any benevolent,
person, partnership, association or corporation.
(5)
CLERK/TREASURER — The Village Clerk/Treasurer.
(C)
Exemptions. The following shall be exempt from all provisions
of this chapter:
(1)
Any person delivering newspapers, fuel, dairy products or bakery
goods to regular customers on established routes.
(2)
Any person selling goods at wholesale to dealers in such goods.
(3)
Any person selling agricultural products which he has grown.
(4)
Any permanent merchant or employee who takes orders away from
the established place of business for goods regularly offered for
sale by such merchant within this county and who delivers such goods
in their regular course of business.
(5)
Any person who has an established place of business where the
goods being sold are offered for sale on a regular basis, for which
a contract exists and where a home visit has been specifically requested.
(6)
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.
(7)
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.
(8)
Any employee, officer or agent of a charitable organization
who engages in direct sales on behalf of such organization, provided
that there is submitted to the Clerk/Treasurer proof that such charitable
organization is registered under § 440.41, Wis. Stats. Any
charitable organization not registered under § 440.41, Wis.
Stats., or which is exempt from that statute's registration requirement,
shall be required to register under this chapter.
(9)
Any person who claims to be a permanent merchant, but against
whom a complaint has been made to the Clerk/Treasurer that such person
is a transient merchant; provided that there is submitted to the Clerk/Treasurer,
proof that such person has leased for at least one year, or purchased,
the premises from which he is conducting business, or proof that such
person has conducted such business in the Village for at least one
year prior to the date the complaint was made.
(D)
Registration.
(1)
Applicants for registration must complete and return to the
Clerk/Treasurer a registration form furnished by the Clerk/Treasurer
which shall require the following information:
(a)
Name, permanent address and telephone number, and temporary
address, if any.
(b)
Date of birth, height, weight, color of hair and eyes.
(c)
Name, address and telephone number of the person, firm, association
or corporation that the direct seller represents or is employed by,
or whose merchandise is being sold.
(d)
Temporary address and telephone number from which business will
be conducted, if any.
(e)
Nature of business to be conducted and a brief description of
the goods offered, and any services offered.
(f)
Proposed method of delivery of goods, if applicable.
(g)
Make, model and license number of any vehicle to be used by
applicant in the conduct of applicant's business.
(h)
Last cities, Villages, towns, not to exceed three, where applicant
conducted similar business.
(i)
Place where applicant can be contacted for at least seven days
after leaving the Village.
(j)
Statement as to whether applicant has been convicted of any
crime or violation related to applicant's transient merchant business
within the last five years; the nature of the offense and the place
of conviction.
(2)
Applicants shall present to the Clerk/Treasurer for examination
the following:
(a)
A driver's license or some other proof of identity as may be
reasonably required.
(b)
A state certificate of examination and approval from the sealer
of weights and measures where applicant's business requires use of
weighing and measuring devices approved by state authorities.
(c)
A state health officer's certificate where applicant's business
involves the handling of good or clothing and is required to be certified
under state law; such certificate to state that applicant is apparently
free from any contagious or infectious disease, dated not more than
90 days prior to the date the application is for license is made.
(3)
At the time the registration is returned, a fee of $20 shall
be paid to the Clerk/Treasurer to cover the cost of processing such
registration.
(4)
The applicant shall sign a statement appointing the Village
Clerk/Treasurer as applicant's 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 the event the applicant
cannot, after reasonable effort, be served personally.
(5)
Upon payment of the fee and the signing of the statement, the
Clerk/Treasurer shall register the applicant as a direct seller and
date the entry. Such registration shall be valid for a period of one
year from the date of entry, subject to subsequent refusal as provided
in paragraph (E)(2).
(E)
Investigation.
(1)
Upon the registration of an applicant, the Clerk/Treasurer may
make a complete investigation of the statements made in such registration
by referring the application to the Kenosha County Sheriff's Department.
(2)
The Clerk/Treasurer shall refuse to register the applicant if
it is determined, pursuant to the investigation that: the application
contains any material omission or materially inaccurate statement;
or that complaints of a material nature have been received against
the applicant by authorities in the last cities, Villages and towns,
not exceeding three, in which the applicant conducted similar business;
or that the applicant was 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 direct
selling; or the applicant failed to comply with any applicable provision
of paragraph (D)(2) of this chapter.
(F)
Appeal. Any person denied registration may appeal the denial
through the appeal procedure of the Village Board, or under the provisions
of § 68.07 and § 68.16, Wis. Stats.
(G)
Regulation of Direct Sellers.
(1)
Prohibited Practices.
(a)
A direct seller shall be prohibited from calling at any dwelling
or other place:
(i)
Between the hours of 9:00 p.m. and 9:00 a.m. except
by appointment.
(ii)
Calling at any dwelling or other place where a
sign is displayed indicating no sales people allowed.
(iii)
Calling at the rear door of any dwelling place.
(iv)
Remaining on any premises after being asked to
leave by the owner, occupant or other person having authority over
such premises.
(c)
A charitable organization direct seller shall specifically disclose
what portion of the sale price of goods being offered will actually
be used for the charitable purpose for which the organization is soliciting.
Such portion shall be expressed as a percentage of the sale price
of the goods.
(d)
No direct seller shall impede the free use of sidewalks and
streets by pedestrians and vehicles. Where sales are made from vehicles,
all traffic and parking regulations shall be observed.
(e)
No direct seller 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 100-foot radius of the source.
(f)
No direct seller shall allow rubbish or litter to accumulate
in or around the area in which seller's business is being conducted.
(2)
Disclosure Requirements.
(a)
After the initial greeting and before any other statement is
made to a prospective customer, a direct seller shall expressly disclose
his name, the name of the company or organization he is affiliated
with, if any, and the identity of goods or services he offers to sell.
(b)
If any sale of goods is made by a direct seller, or order obtained
for the subsequent delivery of goods, the buyer shall have the right
to cancel such 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 § 423.203, Wis. Stats. The seller
shall give the buyer two copies of a typed or printed notice of his
right to cancel. Such notice shall conform to the requirements of
§ 423.203(1)(a)(b) and (c), (2) and (3), Wis. Stats.
(c)
If the direct seller takes a sales order for the subsequent
delivery of goods, the seller 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, if any, 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.
(H)
Records. Any conviction for violation of this chapter shall
be reported to the Village Clerk/Treasurer, and the Clerk/Treasurer
shall record any such violation on the record of the applicant.
(I)
Revocation of Registration.
(1)
Registration may be revoked by the Village Board after notice
and hearing, if the registrant made any material omission or materially
inaccurate statement in the application for registration, or made
any fraudulent, false, deceptive or misleading statement or representation
in the course of conducting business, or violated any provision of
this chapter or was convicted of any crime or statutory violation
which is directly related to the registrant's fitness to engage in
direct selling.
(2)
Written notice of the hearing shall be served personally 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.
(J)
Penalty. Any person convicted of violating any provisions of
this section shall forfeit not less than $10 nor more than $100 for
each violation plus costs of prosecution. Each violation shall constitute
a separate offense.
(A)
Intent. It is the intent of this Ordinance to regulate the disposal
of solid and hazardous waste, garbage, refuse, sludge, and auto salvage
yards in the interest of the health, safety and welfare of the residences
of the Village of Somers.
(B)
Definitions.
(1)
DISPOSAL — Includes, but is not limited to, unloading,
throwing away, discarding, emptying, abandoning, discharging, burning,
or burying waste, garbage, refuse, or sludge, including an automobile
salvage yard, which is defined as any place where two or more motor
vehicles not in running condition, or any parts thereof, are stored
in the open and are not being restored to a good operating condition,
or any land or structure used for storing such motor vehicles, including
the commercial salvaging of any other goods, articles or merchandise,
or on any property whether publicly or privately owned within the
Village of Somers.
(2)
GARBAGE — Discarded material resulting from the handling,
processing, storage, preparation, serving and consumption of food.
(3)
MUNICIPALITY — Any city, Village, town, or county, school
district, utility or sanitary district, or other public entity.
(4)
PERSON — Any person, corporation, proprietorship, municipal
entity, and any individual who shall be the owner, officer or principal
agent of any partnership, corporation or municipal entity.
(5)
REFUSE — Combustible and noncombustible discarded material,
including, but not limited to, trash, rubbish, paper, wood, metal,
glass, plastic, rubber, cloth, ashes, litter and street rubbish, industrial
waste, dead animals, mine tailings, gravel pit and quarry spoils,
and material and debris resulting from construction or demolition.
(6)
SEPTAGE/SLUDGE — Sewage treatment residue in any form
whatsoever, whether solid, semi-solid, or liquid, that has been processed
or treated in any way, form, or manner.
(7)
VILLAGE — The Village of Somers.
(8)
WASTE — Garbage, refuse, and all other hazardous waste,
as defined in Kenosha County Zoning Ordinance, as may, from time to
time be amended, discarded or salvageable material, including materials
resulting from industrial, commercial, and agricultural operations,
and from domestic use and public service activities.
(C)
Permit Required. Except as set forth herein in § (D)
hereof, no person, firm, corporation, or municipality as defined herein,
shall dispose of waste, garbage, refused, or sludge as defined herein,
within the Village, unless a permit to engage in such disposal is
first obtained from the Village as hereinafter set forth.
(D)
Exceptions. The following disposal activities are excepted herefrom,
and are not within the scope or meaning of this Ordinance.
(1)
Sites used for the disposal of waste, garbage, or refuse from
a single family or household, a member of which is the owner, occupant,
or lessee of the property, provided, however, that such waste, garbage,
or refuse is placed in suitable containers or stored in such other
way as not to cause a public or private nuisance.
(2)
The use of sanitary privies and areas commonly known as seepage
beds or septic tanks, or any other private sewage system which conforms
to Sanitary Code and Private Sewage System, Ordinances of Kenosha
County, as same may be from time to time amended, or the discharge
of human waste products into any public sewerage system located within
the Village.
(3)
A farm on which only waste resulting from the operation of the
farm is disposed of on the premises.
(4)
Any waste disposal operation under the direction and control
of the Village.
(E)
General Regulations and Conditions. Disposal Operations, as
set forth in this Ordinance, and within the Village, are subject to
the following:
(1)
The disposal operations must be conducted in such a way as not
to constitute a public or private nuisance.
(2)
The disposal operations are permitted only in those areas as
set forth in Kenosha County General Zoning and Shoreland Floodplain
Ordinance.
(3)
Persons or Municipalities engaged in dumping or disposal operations
must conduct the operations in such a way that dust, dirt, debris,
or other materials or substances will not be carried by wind or water
across the boundary of the parcel of land being used for the operations.
(4)
All disposal sites shall be covered under standards and conditions
established by the Kenosha County Zoning Ordinance, Wisconsin Department
of Natural Resources, and Environmental Protection Agency. Coverings
must be done in such a manner that the area covered will be compatible
with surrounding adjacent properties and shall not depreciate property
value within the immediate area. All coverings shall be a continuing
process, and shall conform to standards set forth in Wisconsin Administrative
Code. If the owner of the land does not cover the disposal area in
accordance with the disposal plan, the Village Board shall have the
right to correct the violation and to charge the expense against the
bond.
(F)
Application. An Application for a permit issued under this Ordinance
shall be filed with the Village Clerk/Treasurer and may be in the
form and content as set forth under the above mentioned provisions
of the Kenosha County Zoning Ordinance, and shall contain at least
the following information:
(1)
Name, address, and telephone number of the Applicant.
(2)
Location, current owners and legal description of the site of
the proposed facility, and the source of waste to be treated or disposed
of on the premises.
(3)
Names, addresses, and telephone numbers of any persons who will
represent the Applicant.
(4)
Copies of available site reports, feasibility reports, engineering
plans, or other documents filed, or to be filed, with the Department
of Natural Resources or the U.S. Department of Environmental Protection
Agency, and Kenosha County, as same shall be related to the proposed
facility.
(5)
A plan for construction, operation, maintenance, closure, and
long-term care of the proposed facility that describes the size, capacity
and other features of the site and its proposed future.
(6)
A plan for financial, legal, and environmental protection of
the Village, its employees, agents and residents.
(7)
Proposed traffic patterns to and from the proposed facility
and for roadway usage for access to the site.
(8)
Sworn copies of current financial statements or other financial
information as shall be requested by the Village.
(9)
The Applicant shall grant to the Village the right to go on
the land for necessary inspections at any time, and to carry out the
disposal plan if the Owner or occupant of the land fails to do so
after reasonable notice is given.
(G)
Public Hearing. A public hearing shall be held within 45 days
after receipt of Application, at which time, the Village Board shall
hear all interested parties on any matter or issue relating to issuing
a disposal permit.
Public hearing shall be open to all members of the public, their
agents and counsel. Prior to the date of said hearing, the Village
Board shall cause a Class 3 notice to be published in a newspaper
likely to give notice to all persons within the Village. The cost
of publication to be deposited in advance by the Applicant. The hearing
shall be held on not less than 30 days from the date of Application,
and the Village Board may set such date and adjourn same as may be
required to fully investigate the Application.
(H)
Application Fee and Costs. An Application for a permit for a
Solid Waste Facility shall be filed with the Village Clerk/Treasurer
in writing. The initial Application fee of $5,000 shall accompany
the Application unless waived or reduced by the Village Board. In
addition, the Village Board may charge the Applicant an additional
fee to reimburse the Village for appropriate and necessary costs and
expenses incurred by the Village for Attorneys fees and Experts fees,
related to the Application process. The total Application fees, both
initial and subsequent, shall not exceed $20,000 for any Application.
(I)
Bond Required. A permit under this Ordinance shall not be effective
unless there is on file with the Village Clerk/Treasurer, a cash bond
or a bond with a corporate surety duly licensed in the State of Wisconsin
in the penal amount of $100,000. The bond is to assure that the Applicant
will comply with all the provisions of this Ordinance and will save
harmless, indemnify, and defend the Village, its Officers, Representatives
and Agents from any expenses or costs incurred through action of the
Applicant with regard to the facility.
(J)
Issuance. The Village Board shall issue a permit under this
Ordinance upon being satisfied that all terms and conditions of this
Ordinance and subsection (L) herein will be complied with and the
bond required in § (I) has been filed with the Village Clerk/Treasurer.
(K)
Revocation. The permit, once issued, may be revoked only for
good cause and after a hearing on said revocation. Notice of hearing
shall be served on the Applicant by personal service or certified
mail and published as a Class 1 notice, not less than 10 days prior
to said hearing.
(L)
Federal, State and County Law Applies. This Ordinance is complementary
to and in addition to, any conditions or requirements of any United
States laws, State of Wisconsin laws, or administrative regulation
and Ordinance of Kenosha County regulating disposal of waste.
(M)
Severability and Conflict. If any section, subsection, sentence,
clause, phrase, or word of this Ordinance is for any reason, held
invalid or unconstitutional by any Court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent
provision, and such holding shall not affect the validity of the remaining
portions.
(N)
Forfeitures and Penalties. Any person who shall violate this
Ordinance upon conviction shall pay a fine of not less than $100,
nor more than $200 for each offense. Each day of violation shall constitute
a separate offense under this Ordinance.
(A)
Definitions.
(1)
DEPENDENT MOBILE HOME — A mobile home which does not have
complete bathroom facilities.
(2)
NON-DEPENDENT MOBILE HOME — A mobile home equipped with
complete bath and toilet facilities, furniture, cooking, heating appliances
and complete year round facilities.
(3)
MOBILE HOME — That which is, or was as originally constructed,
designed to be transported by a 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.
(4)
MOBILE HOME PARK — A parcel of land which has been developed
for the placement of mobile homes upon which two or more units may
be located regardless of whether or not a charge is made for such
accommodation.
(5)
UNIT — Mobile home unit.
(6)
MOBILE HOME LOT OR SPACE — A plot of ground within a mobile
home park consisting or not less than 5,000 square feet for the placement
of a single mobile home unit and the exclusive use of its occupants.
The size of lot shall be increased as required by paragraph (G)(2)
of this section.
(7)
PERSON — Includes an individual, partnership, firm, trust
company, corporation, whether tenant, owner, licensee, lessee, or
their agent, heir or assigns.
(8)
LICENSEE or OPERATOR — Any person licensed to operate
and maintain a mobile home park under the provisions of this section.
(9)
VILLAGE BOARD — The Village Board of the Village of Somers.
(10)
NATURAL OR ARTIFICIAL BARRIER — Any river, pond, canal
or railroad.
(11)
DEPARTMENT OF HEALTH — State Department of Health and
Social Services.
(12)
DEPARTMENT OF INDUSTRY, LABOR AND HUMAN RELATIONS — State
Department of Industry, Labor and Human Relations.
(B)
License and Temporary Permit. No person shall maintain or operate
a mobile home park within the limits of the Village unless such person
first obtains a license for such mobile home park. A mobile home park
which was granted a license under ordinances prior to the date of
this section may continue to operate such park as a non-conforming
mobile home park provided such non-conforming use or condition does
not affect the health or welfare of the occupants of the mobile home
park or the surrounding community. An existing non-conforming park
may not be extended, enlarged, reconstructed or structurally altered
except when required to do so by law or order of the Village or other
governmental authority so as to comply with the provisions of this
section. If the non-conforming use of the mobile home park or any
part thereof is discontinued or terminated for a period of six months,
any future use of the park shall be brought into compliance with this
section, and when a non-conforming use is damaged by fire, explosion,
flood, wind or other calamity to the extent of 50% of its current
assessed value, the mobile home park or portion thereof shall not
be restored except as to fully comply with the provisions of this
section.
(C)
License and Application Fees.
(1)
All licenses issued under this section shall be effective from
the date of issue to the 30th day of June, unless sooner revoked as
provided in this section.
(2)
The fee for each license or renewal of license shall be at the
rate of $100 for each 50 spaces or fraction of 50 spaces within such
park. The transfer fee shall be the sum of $10 for transfer of a license.
License fees shall not be subject to proration.
(3)
If an application is received accompanied by the fee and a license
is not granted, such fee shall be returned to the applicant.
(D)
Application for License.
(1)
Applications for licenses shall be filed with the Village Clerk/Treasurer,
together with the applicable fee. The application forms provided by
the State Department of Health and Social Services shall be the general
form of application. Such application shall be filed in triplicate,
together with proposed plans and specifications. The Village Clerk/Treasurer
shall forward one application, together with the plans and specifications,
to the Department of Health and Social Services and one complete copy
of application and specifications to the Village Plan Commission for
review and recommendation. If the proposed mobile home park, when
constructed or altered in accordance with recommendations of the Plan
Commission, the Village or Department of Health and Social Services
be in full compliance with the provisions of this section and state
statutes and Administrative code regulations, the Village Board may
approve the application, and upon completion of the park according
to such specification, issue the license.
(a)
The Village Board may, in addition, and prior to the issuance
of any license or approval of any application for a license, conduct
a public hearing on the question of any new license or extensions
or expansion of an existing mobile home park.
(b)
The Village Board shall not grant a license unless the applicant
shall provide the Board with satisfactory evidence that plans and
specifications for the mobile home park have been approved by the
Department of Health and Social Services and the Department of Industry,
Labor and Human Relations, if required.
(2)
The application be in writing on forms provided by the Department
of Health and Social Services and such other information as the Village
Board or Plan Commission may request.
(3)
Application for Renewal of License. Upon application, in writing,
by a licensee for renewal of a license, and upon payment of the annual
license fee, the Village Board shall issue such renewing license for
the ensuing year. However, no such license shall be issued until the
Village Board has inspected each mobile home park and determined that
such mobile home park is in compliance with all the terms and conditions
of this section and relevant provisions of the Wisconsin Administrative
Code. A copy of the required sanitary survey report shall be filed
with the Department of Health and Social Services by the Village Board.
(4)
Application for Transfer of License from One Person to Another.
Every person holding a license shall give notice in writing to the
Village Board within 24 hours after having sold, transferred or otherwise
disposed of interest or control of any mobile home park. Such notice
shall include the name and address of the transferee and, upon payment
of the transfer fee of $10, the Village Board shall issue a transfer
license if the transferee is eligible for a mobile home park license
as an original applicant. However, under no circumstances shall a
license be transferred from one location to another.
(E)
Limitation.
(1)
Mobile home parks shall be located only in those areas of the
Village which have been specifically designated as Residential B or
multiple family residence areas by applicable zoning ordinances of
the Village.
(2)
No license for a mobile home park shall be issued to any site
for accommodation of less than 50 mobile home park spaces. The Plan
Commission and Village Board shall take into consideration the comprehensive
plan to lessen congestion on streets and roadways to secure safety
from fire, panic, or other dangers to the occupants of the park and
to the community as a whole, to promote health, general welfare, to
provide adequate light and air, to prevent overcrowding of the land
to avoid undue congestion of population, and to facilitate adequate
provision for transportation, water, sewage, drainage, floodplain
and watershed conditions, schools and parks and other public requirements.
(3)
No new license shall be issued for any mobile home park unless
each boundary of the mobile home park is at least 200 feet from any
permanent residential building located outside the mobile home park
unless the same is separated therefrom by natural or artificial barrier
or with the consent of a majority of the property owners according
to area within 750 feet fee of the boundaries of the proposed mobile
home park site, which consent must be in writing.
(F)
Temporary Travel or Transient Non-Dependent Mobile Units.
(1)
Temporary travel or transient non-dependent mobile units may
be placed in specially designed mobile home park sites which are equipped
to accommodate such travel units on an overnight or temporary basis,
limited to an occupancy of not to exceed 60 days in any one calendar
year.
(2)
Such temporary travel or transient non-dependent mobile units
shall be equipped with complete bath-toilet facilities, furniture,
cooking and heating appliances and complete and adequate facilities
shall be available for sanitation so as not to create any health hazard
or nuisance.
(3)
The sites for such temporary travel or transient non-dependent
mobile units shall be signed on the park plan and shall be established
in one location in the mobile home park as may be approved by the
Village Board.
(4)
The Village Board may in its discretion or upon the recommendation
of the Department of Health and Social Services impose other reasonable
rules and regulations with respect to such units as may be deemed
appropriate and necessary in consideration of the general health and
welfare of the mobile home park and the community.
(G)
Mobile Home Park Plan. The mobile home park shall conform to
the following requirements set forth in the Wisconsin Administrative
Code, except that where limitations, restrictions or conditions imposed
by this section are more restrictive than those set forth in the Wisconsin
Administrative Code, the most restrictive condition or limitation
shall apply. Mobile home spaces that do not comply with minimum area
requirements may continue to operate, always provided that expansion
and modification of a mobile home park shall be in accord with this
chapter and the Wisconsin Administrative Code.
(1)
Drainage. The park shall be located on a well-drained site,
properly graded to insure rapid drainage and freedom from stagnant
pools of water.
(2)
Mobile Home Lots. Mobile home lots or spaces shall not be less
than 5,000 square feet in area and shall be no less than 50 feet in
width and the lots or spaces shall be clearly set forth to scale on
the mobile home park plan. However, such minimal space shall be enlarged
by order of the Village Board to an area required to adequately accommodate
sewage, health or other community problems caused by the environmental
characteristics created by the nature of mobile home parks. Mobile
home parks in existence on the effective date of this section which
provide mobile home spaces for a width or area less than that hereinabove
prescribed, may continue to operate with spaces of the existing width
and area. But no new spaces for additional trailer shall be created
or trailers added which do not meet with the minimum spaces required
thereon.
(a)
The square foot lot area as herein set forth is designed for
mobile homes having overall dimensions of not greater than 14 feet
by 68 feet and mobile home lots or spaces for mobile homes of larger
size will require a larger lot size and the larger lot size will be
proportionate to the increased trailer size and shall be approved
as a part of the mobile home park plan. Mobile home living area may
not occupy more than 20% of lot area.
(b)
This paragraph is to be construed as providing a minimum lot
size of 5,000 square feet for mobile homes not larger than 14 feet
by 68 feet outside dimensions and to require additional lot size proportionately
for mobile home units of larger size.
(3)
Separation Between Units. Mobile homes shall be so placed on
each space that there shall be at least a twenty-foot clearance between
mobile homes, provided, however, that with respect to mobile homes
parked end to end, the end to end clearance shall not be less than
15 feet. No mobile home shall be located closer than 25 feet from
any building within the park or from any property line bounding the
park or any highway right-of-way. Any accessory structure such as
an awning, cabana, storage cabinet, carport, windbreak or porch, which
has a floor area exceeding 10 square feet and has a top or roof, shall
for the purposes of this section be considered a part of the mobile
home.
(4)
Roadways. All mobile home spaces shall abut upon a roadway of
not less than 32 feet in width exclusive of lot area and inclusive
of ditch, curb and gutter, which roadway shall have unobstructed access
to a public street or highway and provide for no on-street parking.
(a)
Street parking one side only may be allowed where roadways are
40 feet in width. Roadways shall be hard surfaced or in the alternate
of an approved surface with the maintenance of a proper dust control
and grading program. Provision shall be made in the park plan for
off-street parking where roadway parking is not provided and shall
be on the ratio of no less than two automobile parking spaces for
each mobile home lot.
(b)
Such off-street parking may be part of the mobile home lot area.
There shall be provided additional off-street parking for storage,
service vehicles, guest parking, etc. in convenient locations.
(c)
The roadway layout and parking spaces shall be laid out in such
a manner as to accommodate and provide easy access for service and
emergency vehicles. Roadways shall be plainly marked so to speed,
traffic control, parking or not parking.
(5)
Mobile Home Stands. The area of the mobile home shall be improved
to provide adequate support for the placement and tie-down of the
mobile home, thereby securing the superstructure against uplift, sliding,
rotation and overturning.
(a)
The mobile home stand shall not heave, shift or settle unevenly
under the weight of the mobile home due to frost action, inadequate
drainage, vibration or other forces acting on the structure.
(b)
The mobile home stand shall be provided with anchors and tie-downs
such as cast-on-place concrete "dead men", eyelets imbedded in concrete
foundations or runways, screw augers, arrowhead anchors, or other
devices securing the stability of the mobile home.
(c)
Anchors and tie-downs shall be placed at least at each corner
of the mobile home stand and each shall be able to sustain a minimum
tensile strength of 2,800 pounds.
(6)
Illumination of Park Street Systems. All parks shall be furnished
with lighting units so spaced and equipped with luminaries placed
at such mounting heights as will provide the following average maintained
levels of illumination for the safe movement of pedestrians and vehicles
at night:
(7)
Service Buildings. Each mobile home park shall provide service
buildings to house such toilet, bathing and other sanitation facilities
and such laundry facilities as are hereinafter more particularly prescribed.
(8)
Electrical Service. Each mobile home space shall be provided
with a minimum 100 amp service and installation; wire size, voltage,
etc., shall be in compliance with applicable state and local electrical
codes.
(9)
Fuel Supply and Storage; Natural Gas System.
(a)
Natural gas piping systems shall be installed and maintained
in accordance with applicable codes and regulations governing such
systems.
(b)
Each mobile home lot provided with piped gas shall have an approved
manual shutoff valve installed upstream of the gas outlet. The outlet
shall be equipped with an approved cap to prevent accidental discharge
of gas when the outlet is not in use.
(10)
Liquefied Petroleum Gas Systems.
(a)
Liquefied petroleum gas systems shall be installed
and maintained in accordance with applicable codes and regulations
governing such systems.
(b)
Systems shall be provided with safety devices to
relieve excessive pressures and shall be arranged so that the discharge
terminates at a safe location.
(c)
Systems shall have at least one accessible means
for shutting off gas. Such means shall be located outside the mobile
home and shall be maintained in effective operating condition.
(d)
All LPG piping outside of mobile homes shall be
well supported and protected against mechanical injury. Undiluted
liquefied petroleum gas in liquid form shall not be conveyed through
piping equipment and systems in mobile homes.
(e)
Liquefied petroleum shall be stored in a central
location with a distribution system to each mobile home space. The
storage by private container on mobile home lots shall not be permitted.
The central storage tank system shall be located in such an area as
to provide minimum hazard, and location shall be approved by the Village
Board and any other applicable regulating agency.
(11)
Fuel Oil Supply Systems.
(a)
All fuel oil supply systems shall be installed
and maintained in accordance with applicable codes and regulations
governing such systems.
(b)
Fuel oil shall be stored in a central location
with a distribution system to each mobile home space. The storage
by private container on mobile home lots shall not be permitted. The
central storage tank system shall be located in such an area as to
provide minimum hazard, and location shall be approved by the Village
Board and any other applicable regulating agency.
(12)
Commercial Use Prohibited. No person shall at any time use a
mobile home for the purpose of advertising, commercial business or
manufacture of any kind whatsoever.
(13)
Plantings. Each mobile home park shall be completely surrounded,
except for permitted entrances and exits, by a yard setback which
shall be 25 feet from the highway right-of-way, in addition to all
other required yards and open spaces, which shall not be less than
25 feet wide. Within such yard there shall be established, at the
time of construction and prior to the park opening for business, the
following plantings:
(a)
A temporary planting of fast growing vegetation,
capable of reaching a height of 15 feet or more.
(b)
A permanent evergreen planting, the individual
trees to be of such a number, so arranged that within 10 years they
will have formed a screen. Such permanent planting shall be grown
or maintained to height of not less than 15 feet.
(14)
Each mobile home park plan shall provide for a recreation area
for benefit of the park residents, or not less than 1/2 acre for each
100 mobile home lots or sites, or fraction thereof. Such recreation
area shall be considered to be part of the mobile home park service
area and shall be properly maintained so as not to be unsightly.
(H)
Water Supply. An adequate supply of pure water for drinking
and domestic purposes shall be supplied by pipes to all buildings
and mobile home spaces within the park, which supply and distribution
system must be approved by the Department of Natural Resources and
the Department of Health and Social Services. An adequate supply of
hot water shall be provided at all times in the service buildings
for all bathing, washing, cleansing and laundry facilities.
(I)
Sanitation Facilities. Each mobile home park accommodating dependent
mobile homes shall be provided with toilets, baths or showers, slop
sinks and other sanitation facilities which shall conform to the rules
and regulations of the State Department of Natural Resources and the
Department of Health and Social Services applicable to mobile home
parks.
(J)
Laundry Facilities.
(1)
Laundry facilities shall be provided on either of the following
ratios:
(a)
Not less than one double laundry tray and one conventional wringer
type washing machine for the first seven mobile home spaces or any
less number thereof, and for mobile home spaces in excess of seven,
not less than one additional double laundry tray and one conventional
wringer type washing machine for every seven additional mobile home
spaces or fraction thereof.
(b)
Not less than one single laundry tray and one automatic or semi-automatic
type washing machine for the first 10 mobile home spaces or any less
number thereof, and for mobile home spaces in excess of 10, not less
than one additional single laundry tray and one additional automatic
or semi-automatic type washing machine for every 10 additional mobile
home spaces or fractional number thereof.
(2)
An ample number of electrical outlets shall be provided supplying
current sufficient to separate each washing machine. Drying spaces
shall be provided sufficient to accommodate the laundry of the mobile
home occupants, if automatic drying equipment is not supplied.
(3)
The laundry facilities shall be either in a separate building
or, if in the same building where sanitation facilities are housed,
shall be separated from the rooms housing the sanitation facilities
by a masonry wall.
(K)
Service Buildings.
(1)
Service buildings housing sanitation and laundry facilities,
or any of such facilities, shall be permanent structures complying
with applicable ordinances and statutes regulating buildings, electrical
installations and plumbing and sanitation systems.
(2)
The service buildings shall be well lighted at all times of
the day and night, shall be well ventilated with screened openings,
shall be constructed of such moisture-proof material, including painted
woodwork, as shall permit repeated cleaning and washing, and shall
be maintained at a temperature of at least 65° F. during the period
from October 1 to May 1. The floors of the service buildings shall
be of water-impervious material.
(3)
Service buildings housing sanitation facilities shall be located
not closer than 15 feet nor farther than 200 feet from any mobile
home space upon which a dependent mobile home is harbored.
(4)
All service buildings and the grounds of the mobile home park
shall be maintained in a clean, sightly condition and kept free of
any condition that will menace the health of any occupant or the public
or constitute a nuisance.
(L)
Waiver. The Village Board may, upon application by licensee,
waive certain requirements set forth in subsections (J) and (K) after
the Department of Health and Social Services has determined that such
sections serve no useful purpose and other satisfactory arrangements
have been complied with.
(M)
Waste Disposal. Waste from showers, bath tubs, flush toilets,
urinals, lavatories, slop sinks and laundries in service and other
buildings within the mobile home park shall be discharged into a public
sewer system in compliance with applicable ordinances or into a private
sewage and disposal plant of such construction and in such manner
as may be approved by the Department of Natural Resources, Department
of Health and Social Services and Village Board, and any other regulating
agency. The installation of individual soil absorption systems for
mobile home spaces will not be permitted.
(N)
Garbage Receptacles. Leak proof garbage containers with tight
fitting covers shall be provided in quantities to permit disposal
of all garbage and rubbish, such cans to be emptied and cleaned no
less than once per week and shall be located not more than 100 feet
from any mobile home space. Refuse collection stands shall be provided
for all garbage cans and containers from being tipped to minimize
spillage. Collection of garbage and refuse shall be done in such a
manner as to create no health hazard, rodent and insect breeding area,
accidents, fire hazards or air pollution.
(O)
Fire Protection. Every mobile home park shall be equipped at
all times with fire extinguishing equipment in good working order,
of such type, size and number and so located within the park as to
satisfy applicable reasonable regulations of the fire department.
No open fires shall be permitted at any place which may endanger life
or property. No fires shall be left unattended at any time.
(P)
Animals and Pets. No owner or person in charge of any dog, cat
or other pet animal shall permit it to run at large or commit any
nuisance within the limits of any mobile home park.
(Q)
Register or Occupants.
(1)
Each licensee and permittee shall keep a register containing
a record of all mobile home owners and occupants located within the
park. The register shall contain the following information:
(a)
The name and address of each mobile home occupant.
(b)
The name and address of the owner of each mobile home.
(c)
The make, model, year and license number of each mobile home.
(d)
The state, territory or country issuing such licenses.
(e)
The date of arrival and of departure of each mobile home.
(f)
Place of last location.
(g)
Whether each mobile home is a dependent or independent mobile
home.
(2)
The park shall keep the register available for inspection at
all times by law enforcement officers, public health officials and
other officials whose duties necessitate acquisition of the information
contained in the register. The register record for each occupant registered
shall not be destroyed for a period of three years following the date
of departure of the registrant from the park.
(R)
Management. The licensee shall make appropriate provisions for
management of the mobile home park by maintaining on the premises,
or in close proximity thereof for immediate communication, an office
which shall be kept and maintained by the licensee or a duly authorized
agent of the licensee who shall have the authority to act on behalf
of the licensee in all matters relating to the terms and conditions
of this section. The licensee or duly appointed agent is charged with
the responsibility of carrying out all of the conditions of this section
and to keep and maintain the mobile home park in a clean, orderly
and sanitary condition at all times and to report to the Kenosha County
Health Officer and cooperate with such Health Officer in all cases
of persons or animals affected or suspected of being affected with
a communicable disease.
(S)
Revocation of License. The Village Board may suspend or revoke
for cause any license issued under this section upon complaint filed
with the Village Clerk/Treasurer signed by any law enforcement officer,
health officer, or building inspector after a public hearing upon
such complaint. The licensee shall be given at least 10 days' notice
in writing of such hearing, and shall be served with a copy of the
complaint and notice either personally or by certified mail, return
receipt requested. The licenses shall be entitled to appear and be
heard as to why such license should not be revoked. If the Board shall,
after hearing testimony, determine to revoke or suspend the license
of the licensee, such decision may be within 20 days of the date of
such revocation, appealed to the Circuit Court by filing written notice
with the Village Clerk/Treasurer together with a bond executed to
the Village in the sum of $500, conditioned for faithful prosecution
of such appeal and payment of costs. Parties shall be entitled to
counsel and to cross-examination of witnesses.
(T)
Nonconforming Use Outside Mobile Home Parks.
(1)
The lawful use of a mobile home site outside of a mobile home
park and existing on the 8th day of November, 1956, may be continued
as a nonconforming use. If that such mobile home shall cease to be
used as a dwelling for a period of six months, it shall not thereafter
again be used for dwelling purposes, and the owner of such mobile
home or the property on which the same shall have been harbored shall
not substitute any other mobile home for the one in use at the time
of the adoption of this section, and when such dwelling use is discontinued,
the mobile home shall be removed from the location where such dwelling
use existed.
(2)
The annual fee for a mobile home located outside of a mobile
home park shall be $50.
(3)
In all other respects, mobile homes existing outside of licensed
mobile home parks are subject to the provisions of this Municipal
Code.
(U)
State Laws, Rules of Department of Natural Resources, Building
Code, Etc. All provisions of the Wisconsin Statutes, rules and regulations
of the Department of Natural Resources, State Department of Health
and Social Services and the Department of Industry, Labor and Human
Relations, and the Village, are hereby adopted and made a part of
this section, by reference, with the same force and effect as though
set forth in full. The provisions of the section, rule or regulation
which is most restrictive shall be deemed to apply with respect to
the establishment, operation or plan of any mobile home park.
(V)
Mobile Home Monthly Parking Permit Fee.
(1)
In addition to the annual license fee set forth herein, there
shall be collected from each occupied mobile home, occupied space
or lots in a mobile home park, and from each mobile home located outside
of a mobile home park, a monthly parking permit fee, computed and
payable in the following manner:
(a)
Computation. The Assessor shall determine the fair market value
of each occupied mobile home in the Village which is subject to the
provisions of this section and the provisions of § 66.0435,
Wis. Stats. The Assessor shall assess such mobile homes in the manner
set forth in § 66.0435(3), Wis. Stats.
(b)
The licensee or operator of any mobile home park shall be required
to furnish information relative to the making of assessments to the
Village Clerk/Treasurer and Assessor as to any mobile home within
five days after the arrival of such mobile home in the licensed park.
The information to be given shall be upon the form supplied by the
Village and as prescribed by the State Department of Revenue.
(c)
The determination of assessment as made by the Assessor, and
the determination of the fee as prescribed in the statute herein referred
to shall be given to each mobile home owner, which notice shall set
forth the determination on a monthly basis and advise the mobile home
owner of the amount of the monthly fee to be paid on or before the
10th day of each succeeding month, and thereafter so long as the mobile
home remains within the Village subject to a redetermination of the
fee each January for that calendar year.
(2)
The monthly parking fee shall be paid by the mobile home owner
to the Village Clerk/Treasurer on or before the 10th day of the month
following the month in which the fee is due. Each licensed mobile
home park operator is hereby designated as the collection agent for
the Village and shall collect and receive the monthly parking permit
fees on behalf of the Village Clerk/Treasurer and issue a receipt
therefore, on approved forms supplied by the Village of Somers, The
park operator shall settle monthly parking permit fees with the Village
Clerk/Treasurer no later than the 15th day of each succeeding month.
The Mobile Home Park Operator may deduct 2% of the monthly rental
fees collected as reimbursement for administration expenses. The Mobile
Home Owner shall have the option to pay the monthly parking permit
fee in advance for a period not to exceed one calendar year for which
the statement of monthly parking permit fees has been issued.
(3)
No such fee shall be imposed for any space occupied by a mobile
home accompanied by an automobile if the mobile home and automobile
bear license plates issued by any state other than the State of Wisconsin,
for an accumulated period of not to exceed 60 days in any 12 months,
or if the occupants of the mobile home are nonresidents, tourists
or vacationists in lieu of monthly mobile home permit fees. When one
or more persons occupying a mobile home is employed, there shall be
no exemption from the monthly parking permit fee.
(4)
The Village Clerk/Treasurer shall retain 10% of the monthly parking permit fees collected in each month without reduction for any amounts deducted under subsection (2) above to cover cost of administration and shall pay to the school district in which the park is located, within 20 days after the end of each month, such proportion of the remainder of the fees collected in the preceding month as the ratio of the most recent property tax levy for school purposes bears to the total tax levy for a purposes in the municipality. The remainder of such fees collected shall be come a part of the general fund of the Village. Whenever monthly parking permit fees are paid in advance, the Village Clerk/Treasurer shall maintain a record thereof, account for the same on a monthly basis, and rebate upon proper application of the mobile home owner and order of the Village Board, the monthly parking permit fees not due and owing to the Village because of moving or other exemption.
(5)
The licensee of a mobile home park shall be liable for the monthly
parking permit fees for any mobile home occupying space therein, as
well as the owner and occupant thereof, except as to fees collected
and accounted for with the Village Clerk/Treasurer. No mobile home
shall be removed from the space now occupied in a licensed mobile
home park without the owner, occupant or park licensee first having
obtained a certificate from the Village Clerk/Treasurer to the effect
that all monthly parking permit fees are paid.
(6)
A mobile home located outside of a mobile home park shall be
subject to the monthly parking fee as set forth herein, and the owner
of the land upon which it stands shall be responsible for the payment
of the monthly parking fees and for reporting requirements as set
forth in this section except that the owner of the land may collect
the fee from the owner of the mobile home and on or before January
10 and on or before July 10th, transmit all fees owed for the six
month, ending on the last day of the month preceding the month when
the transmission is required. The owner of the land may deduct 2%
of the amount collected for reimbursement of administration expenses.
(7)
Failure to timely pay the tax as set forth herein shall be created
in all respects as a default in the payment of personal properly taxes,
and shall be subject to all procedures and penalties applicable under
Chapters 70 and 74 Statutes.
(W)
Compliance with State Regulations.
(1)
In addition to the required notices, information and requirements
set forth in this section to be approved by the regulatory agencies
of the State, the Village Clerk/Treasurer shall submit the following
to the Department of Health and Social Services:
(a)
During the month of April of each year a list of all mobile
home parks within the Village.
(b)
Within 30 days after completing sanitary survey required by
subsection (D)(3), the Clerk/Treasurer shall forward the results of
such survey to the Department of Health and Social Services on the
forms to be provided by such Department.
(c)
A list of all persons charged with the administration and enforcement
of this section.
(d)
A copy of this section and any amendments hereto as may be from
time to time enacted together with any regulations or variances affecting
a particular licensed mobile home court.
(X)
Penalties.
[Amended 5-9-2023 by Ord. No. 2023-011]
(1)
Any person who shall fail to report the presence of a mobile home
as required in Subsection (Q) shall be subject to a forfeiture of
$25 and each failure to report a mobile home shall constitute a separate
offense. Any person convicted of violating any other section of this
chapter shall, upon conviction thereof, pay a forfeiture of not less
than $500 nor more than $1,000 for each violation and, upon conviction
of the same offense within a twelve-month period, shall pay a forfeiture
of not less than $2,000 or more than $5,000 for such second violation,
together with all costs and disbursements as provided by law and,
in the default of payment thereof, shall be confined in the County
Jail for a period of not more than 30 days; each day a violation of
this chapter shall occur shall be a separate offense.
(2)
Nothing in this penalty section for action by the Village or a forfeiture
shall prohibit the Village Board from proceeding under Subsection
(S) for revocation of license.
(A)
Defined. Within the meaning of this section amusement park is
defined to be any tract or parcel of land, privately owned, open to
the public and operated for profit, which contains or is used in conjunction
with the use and operation of any machine, vehicle, building, structure,
equipment or athletic field for entertainment, pleasure, sport or
recreation.
(B)
License Required.
(1)
No person shall maintain or operate an amusement park as defined
in this section within the Village without a license obtained as hereinafter
provided.
(2)
No license shall be issued unless the applicant, if a natural
person, or if a firm, then all partners or members thereof, or if
a corporation, then all officers and directors thereof, is an adult
citizen of the United States and of good moral character and agrees
to maintain and operate such amusement park, under the conditions
specified in subsection (F) which agreement shall be deemed made by
the applicant by acceptance of such license. If the applicant is a
corporation it must be authorized to do business in the State of Wisconsin.
(C)
Application for License. An application for such license shall
be filed in writing with the Village Clerk/Treasurer, which application
shall disclose:
(1)
The name and address of applicant.
(2)
The citizenship and date of birth of applicant if a natural
person; the citizenship and age of each partner or member if applicant
is a partnership or firm; or the citizenship and age of each officer
and director if applicant is a corporation.
(3)
The state of incorporation of a corporate applicant, and if
other than Wisconsin, a statement that applicant is duly authorized
to do business in Wisconsin.
(4)
The name under which such amusement park will be maintained
and operated; a detailed description of its location and a sketch
showing area and all buildings and improvements; and an explanation
of the method of operation that will be used if a license is issued.
(5)
The application shall be subscribed and sworn to by the applicant
if a natural person; by a general partner if the applicant is a partnership,
or by the principal officer if the applicant be a corporation.
(D)
Issuance of License.
(1)
All licenses issued under this section shall be issued by the
Village Clerk/Treasurer upon approval of the Village Board and shall
be effective from the date of issue to June 30 of the following year
unless revoked sooner. The fee for such license shall be $75 per year
and shall accompany each application. No license shall be transferable
either as to location or as to licensee.
(2)
No license shall be issued unless the Village Board is fully
satisfied that the applicant will at all times meet the regulations
specified in subsection (F) and the Board has approved the location,
improvements and proposed method of operation of the amusement park
as set forth in the application.
(3)
Special permits for extension of hours, as provided in subsection
(F) on recognized holidays, special occasions or for certain amusements
(specified amusements within an amusement park) not requiring the
use of machinery or vehicles, may be granted by the Village Board
upon application being made to the Village Clerk/Treasurer at least
15 days prior to the date or dates for which the permit is requested.
(E)
Operation. Every such amusement park, including all premises
in connection therewith, shall be maintained and operated so as to
meet the following conditions:
(1)
Premises licensed under the chapter shall not operate between
the hours of 1:00 a.m. and 7:00 a.m. without obtaining a special permit
as provided in paragraph (E)(3).
(2)
No intoxicating liquor or fermented malt beverage shall be sold
or consumed on the premises unless applicant has obtained a Class
"B" Fermented Malt Beverage License or picnic license under this Municipal
Code.
(3)
No disorderly conduct of any manner shall be allowed on the
premises.
(4)
No public address or loud speaker system shall be permitted
to be used on the premises unless the volume of such public address
or loud speaker is controlled so as not to cause a disturbance or
become a public or private nuisance, and in no event shall such system
be used between the hours of 10:00 p.m. and 7:00 a.m.
(5)
All licensed premises shall provide adequate off road parking.
All vehicles leaving the premises shall be required to stop immediately
before entering a public street or highway.
(6)
The premises shall be subject to inspection by the Village Board,
or any member thereof, at any time.
(F)
Revocation of License. In addition to penalties and forfeitures provided herein, the Village Board may, at any time, revoke any license issued under this section after a hearing as provided in Chapter 24.
(G)
Penalty. Any person who shall violate any of the provisions
of paragraph (C)(1) or subparagraph (F) of this section, shall, upon
adjudication to that effect, forfeit to the Village not less than
$50 nor more than $100, and upon conviction of a second offense within
one year the forfeiture shall be not less than $100 or more than $200,
as determined by the Court in the action for the collection thereof,
together with the costs of such action. In default of payment thereof,
in the case of an individual, he shall be imprisoned in the County
Jail for Kenosha County, Wisconsin, for such time, not exceeding 30
days, as the Court shall determine, unless the judgment is paid sooner.
(A)
Definitions.
(1)
AMUSEMENT ESTABLISHMENTS — Any place, location or premises
within the Village of Somers where amusement devices as herein defined
are kept for the purpose of providing amusement, entertainment or
recreation to person or frequenters whether or not for profit —
This section shall apply to all such establishments except home type
video devices, not designed for commercial use which are used within
a private residence for home entertainment.
(2)
AMUSEMENT DEVICE — Includes pool tables of all types,
pinball machines, mechanical, electronic, video games or dart games,
games of chance or skill and related machines designed to provide
entertainment or recreation.
(B)
License Required.
(1)
No person shall permit, keep or maintain an amusement device
as herein defined without first obtaining a license to be issued by
the Village Clerk/Treasurer upon approval of the Village Board. The
annual fee for such license shall be $50 for the first device and
$25 for each additional device located on the premises. In the event
that the licensee shall add additional devices after obtaining the
license, it shall be the licensee's responsibility to advise the Village
Clerk/Treasurer of any increase in the number of such devices and
pay the appropriate fee. All licenses shall expire on the 30th day
of June each year and there shall be no proration or adjustment of
a license fee for less than one year.
(2)
Applications for amusement device license shall be addressed
to the Village Clerk/Treasurer and shall contain the same information
as set forth in 12.09(D) of this chapter.
(3)
The application shall be referred to the Building Inspector
and Fire Chief who shall inspect the proposed license premises within
15 days after receiving copies of the application and shall report
in writing to the Village Board as to whether or not the premises
meets all building codes of the Village and State of Wisconsin. The
Village Board, Building Inspector or Fire Chief may request such other
information as may be pertinent and necessary to act on an application.
The Village Board shall act on the application at its next regular
meeting following the recommendation and information requested by
the Board.
(C)
Premises Regulation. Any premises or establishment maintaining
five or more amusement devices shall be subject to the following regulations:
(1)
Be located in a district zoned Commercial by the Kenosha County
Zoning Ordinance.
(2)
Be located completely at a ground or street level and have windows
which provide a view from the street.
(3)
Shall have at least two accessible marked exits to the outside
located for easy access for patrons and frequenters, no entrances
or exits shall be locked during hours when the establishment is open
to the public.
(4)
Shall have separate washrooms and toilets for each sex which
shall be immediately accessible and shall be maintained in a clean
and healthful and adequate manner.
(5)
The maximum number of persons permitted on the premises as determined
by the Department of Industry, Labor and Human Relations Standards
shall be posted in each room of the establishment and the licensee
(or agent if a corporation) shall regulate ingress and egress of persons
to comply with the maximum permitted number as posted.
(6)
Provide sufficient off street parking so that at no time shall
vehicles be required to park on the public highways.
(7)
Provide and keep open access lanes for entrances and exits to
the premises which access lanes shall be clearly marked and kept open
for emergency vehicles.
(8)
Any commercial or business premises in which the principal business or commercial activity is other than keeping and maintaining amusement devices and is licensed for less than five devices shall not be required to comply with subsection (2) thru (7) however, such commercial or business premises shall be subjected to inspection as set forth in subsection (B)(3) above.
(D)
Supervision of Premises. The licensee shall be responsible for
supervision of the licensed premises and of all activities and conduct
of persons on the premises at all times when open to the public. A
licensee may appoint an agent over the age of 18 years to supervise
the premises but such appointment shall not relieve the licensee of
any obligation or compliance with the provisions of this ordinance.
If the supervising agent is a person other than the licensee the licensee
shall inform the Village Clerk/Treasurer of the name, address and
age of such agent.
(E)
Operation Regulation. No person, licensee or agent shall permit
any person under the age of 18 years to remain on the premises:
(1)
Between the hours of 10:30 p.m. and 8:00 a.m. Sunday thru Thursday
and midnight and 8:00 a.m. on Friday and Saturday unless said minor
is accompanied by a parent or legal guardian.
(2)
To be present on the premises from 8:00 a.m. until 3:30 p.m.
on school days classes are scheduled to be held in Kenosha Unified
School District No. 1 or the Racine Unified School District No. 1
unless said person under the age of 18 years shall present written
evidence of age and that said person has been legally excused from
the compulsory school attendance laws of the State of Wisconsin.
(3)
No gambling shall be permitted on the premises.
(4)
No alcohol or fermented malt beverages or controlled substances
or marijuana as defined in Chapter 161, Wisconsin Statutes, shall
be permitted to be consumed, used, allowed or brought into the premises.
This subsection shall not apply to a premises which is a holder of
a Class "A" Intoxicating Liquor and Fermented Malt Beverage License
where such products are purchased and removed from the premises in
original containers for consumption off the premises.
(5)
No amusement establishment shall have on the premises material
harmful to minors as set forth in § 944.25, Wisconsin Statutes.
(6)
The licensee or supervisor shall not permit disorderly conduct
by patrons or frequenters on the premises and shall take all reasonable
steps, including requesting assistance from law enforcement officers,
to prohibit such conduct.
(F)
Revocation of License. The violation of this section and any regulations set forth herein for the violation by the licensee of any Village, county, state or federal laws, rules and regulations, or permitting others to violate such ordinances, laws, rules and regulations on the premises shall be sufficient grounds for revocation of license under procedures set forth in Chapter 24 of this Code.
(G)
Penalties. In addition to the revocation of license any person
violating the provisions of this section shall, upon conviction thereof,
pay a forfeiture of not less than $100 nor more than $200 for the
first offense and not less than $200 or more than $500 for the second
conviction within one year, and penalties and costs of prosecution.
If such forfeiture and costs are not paid as directed by the court,
the court may direct imprisonment in the Kenosha County Jail for a
period of not more than 60 days.
(A)
Intent. Whereas the Village Board of the Village of Somers has
received an increasing number of complaints from residents of the
Village of Somers that indiscriminate landfill and excavation projects
throughout the Village are causing hardships on adjoining land owners
due to diversion of surface water drains, and the Village Board has
observed indiscriminate deposits of concrete, asphalt, dirt and organic
materials in the ditches and lowlands of the Village of Somers and
whereas, the Village Board finds that such indiscriminate and unrestricted
landfill operations is detrimental to the land being filled and adjacent
land owners as well as being a source of pollution to surface waters
caused by the runoff from filled and excavated lands.
(B)
Permit Required. No person shall place any fill in their yards or in any low lying lands ditches, waterways, or drainways, marshes or other lands upon either private or public property within the Village of Somers without first obtaining a permit. No person shall excavate or fill or by a combination of excavating or filling, more than 400 cubic yards or more of dirt, soils, sand or other excavation or fill material without first obtaining a permit therefore. In addition, the permittee must comply with the provisions of Chapter 17 of these ordinances.
Application for such permit shall be made to the Building Inspector
upon forms to be provided by the Building Inspector and such application
shall contain the following information, to allow for review by the
Village Building Inspector and Public Works Superintendent.
(1)
The owner of the land to be filled or excavation.
(2)
A description of the land area to be filled or excavated with
a sketch or plat showing the area to be filled and the adjacent areas
as well as the name and addresses of any owners of property adjoining
or affected by the proposed landfill.
(3)
In the event that the proposed fill or excavation shall affect
any marsh, lowland, ditches, waterways, or runoff of surface water
and application and sketch shall show the method by which such waters
shall be drained.
(4)
The type of materials to be used in the proposed fill or excavation
and the place or location from which the fill is to be obtained.
(5)
The quantities of fill and/or excavated material which are anticipated
in the project.
(6)
The name and address of the person responsible for transporting
and depositing the fill or excavation material together with streets
and highways by which the fill or excavation material will be transported.
The Village Board shall set the weight limits and periods of time
during the calendar year in which said fill or excavation material
may be transported over the streets and Village roads.
(7)
The dates in which the fill or excavation operation will be
carried on and a statement as to the proposed leveling of top soil
and seeding of filled land.
(8)
Such other information as the Building Inspector may require
to make a determination as to granting a land filling permit.
(C)
Permit Limitations. No permit issued under this ordinance shall
be valid for more than six months from the date of issue except that
said permit may be extended for good cause shown to the Building Inspector.
Any permit(s) issued hereunder shall be prominently displayed at the
fill site to be valid.
(D)
Wisconsin Statutes Adopted. Section 88.90(1)(2), Wis. Stats.,
relating to natural water courses is hereby adopted by reference as
if set forth in full.
(E)
Fill Content. All fill materials for any land filling operation
shall be confined and restricted to clean earth fill. The use of concrete,
bituminous asphalt or petroleum based products or organic debris is
prohibited. All fill material shall comply with the State of Wisconsin
residual soils standards.
(F)
Surface Water. No permit shall be granted by the Building Inspector
until said Building Inspector is satisfied that the filled area will
not adversely affect the properties of others or change the grade
of land and flow of surface waters to adversely affect adjoining areas
or be a source of pollution to surface water.
[Amended 7-26-2023 by Ord. No. 2023-023]
(G)
Consultant's Fees. No permit shall be granted until any consultant's
fees incurred or anticipated to be incurred by the Village for engineering,
legal or the like have been paid in full. The amount of fees shall
be determined by the Village Administrator.
(H)
Exceptions. This ordinance shall not apply to any lands within
the Shoreland and Floodplain Ordinance of the Village or to the spreading
of top soil on residential property for lawn and garden purposes provided
said top soil does not exceed six inches in depth.
(I)
Fee. The fee for a landfilling/excavation permit shall be $50
and shall be paid to the Building Inspector at the time an application
is filed.
(K)
Penalties. Any person who shall violate this section shall upon
conviction be subject to the penalties in § 25.04 of the
Municipal Code of the Village of Somers and for the actual expenses
incurred by the Village in bringing the subject premises into conformance
with these ordinances.
(A)
Initial Site Plan Fee and Annual Permits. Pursuant to § 349.24,
Wis. Stats., every person, corporation or other entity which shall
engage in taxicab or specialized medical vehicle operations shall
pay an initial site plan review fee of $250 prior to the first motor
vehicle being operated in such business and an additional permit fee
of $50 per calendar year for each motor vehicle so operated.
(B)
Definitions. For purposes of this ordinance, § 12.12,
the following definitions shall be applicable:
(1)
TAXICAB — Shall include all vehicles carrying passengers
for consideration except:
(a)
Vehicles which operate on established routes which are regulated
by the Public Service Commission of the State of Wisconsin;
(b)
Vehicles which are rented to be driven by the person renting
the vehicle;
(c)
Vehicles operated solely as funeral cars or in conjunction with
funeral processions;
(d)
Ambulance services licensed by the State of Wisconsin;
(e)
Limousine services which charge on the basis of an hourly rate
for the use of such vehicle and which require reservation of the car
and driver at least 24 hours in advance of such use; or
(f)
Specialized medical vehicle, as defined herein.
(2)
SPECIALIZED MEDICAL VEHICLE — A vehicle for hire, other
than a public mass transportation vehicle regulated by the Public
Service Commission of the State of Wisconsin, which is especially
suited for the transportation of disabled or elderly persons who by
reason of physical or mental infirmity or age cannot be transported
on public mass transportation vehicles — Specialized medical
vehicle shall not mean human services vehicles as defined in § 340.01(23g)
of the Wisconsin Statutes and which are registered under and regulated
by Chapter TRANS 301 of the Wisconsin Administrative Code.
(3)
INSURANCE — A policy of insurance, issued by an insurance
company licensed to do business in the State of Wisconsin, providing
coverage for liability of a minimum of $50,000 for injury or death
to any one person, and subject to the same limit per person, a maximum
liability of $100,000 for the injury or death of any number of persons
in any one accident and a maximum liability of $10,000 for property
damage in any one accident, containing the provision for a deductible
of not more than $250 an property damage only, or such other policy
of insurance with substantially similar or equivalent limits as may
be approved by the Village Board. The policy or certificate of insurance
shall provide that the same cannot be canceled until 30 days' notice
of such cancellation shall be given to the Village Clerk/Treasurer
— The cancellation or other termination of any policy of insurance
shall automatically revoke or terminate all permits issued for the
taxicab or specialized medical vehicle operations covered by such
insurance policy(s).
(4)
LICENSE PLATES — License plates issued for a particular
vehicle by the State of Wisconsin upon payment of fee therefore and
approval of the application for registration of such vehicle.
(5)
QUALIFIED DRIVER — Every person driving a taxicab or specialized
medical vehicle, as may be applicable, who shall be a minimum of 18
years of age, have a valid Wisconsin driver's license in goad standing,
valid in the State of Wisconsin and who shall be able to read and
write the English language.
(6)
LICENSED PREMISES — Such criteria as shall be established
by the Village Plan Commission and approved by the Village Board.
(7)
ROADWORTHY VEHICLE — Vehicles which are in conformance
with Chapters 347 and 348 of the Wisconsin Statutes, the provisions
of which are incorporated herein by reference.
(C)
Licensing Procedure. Before any permit referred to under subsection
(A) of this ordinance is issued, the Village Clerk/Treasurer shall
first require the applicant therefore to complete a written application
stating the name and address of the applicant and the number and type
of vehicles proposed to be operated. Such application shall specify
in detail information required by § 12.12(B)(6) above. The
applicant shall provide names, addresses and Wisconsin driver's license
identification number for each and every driver of a taxicab or specialized
medical vehicle subject to the permit issued hereunder and shall advise
the Village Clerk/Treasurer in advance of the operation of any such
vehicle by a new driver. It shall be the obligation of the applicant
to regularly update the information required hereunder pertaining
to its drivers and vehicles, including deletion of any drivers who
are no longer employed by the applicant. Before any such permit shall
be issued hereunder, the applicant shall pay to the Village Clerk/Treasurer
the amount of money fixed by this ordinance for such permit and shall
have on file the insurance required by § 12.12(B)(3), above.
Upon completion of all such requirements, the Village Clerk/Treasurer
shall present the application to the Village Board, together with
all necessary reports or other documents, who shall either grant or
deny the applicant's request. Upon complying with all of the provisions
of this ordinance and upon approval by the Village Board, the applicant
shall be entitled to and shall receive from the Village Clerk/Treasurer
a written letter signed by the Village Clerk/Treasurer authorizing
such applicant to carrying on the business of conveying passengers
for hire from the location so licensed and upon such special terms
and conditions as may be imposed by the Village Board for such premises.
(A)
Definitions.
(1)
CIGARETTE — Any roll of tobacco wrapped in paper or any
substance other than tobacco.
(2)
DISTRIBUTOR — Any of the following:
(a)
Any person who acquires unstamped cigarettes from the manufacturer
thereof, affixes stamps to the packages or other containers, stores
them and sells them to other permittees or to retailers for resale.
He may also acquire stamped cigarettes from another permittee for
such sales;
(b)
Any person engaged in the business of selling tobacco products
in this State who brings, or causes to be brought into this State
from outside the state any tobacco products for sale;
(c)
Any person who makes, manufactures or fabricates tobacco products
in this state for sale in this state; or,
(d)
Any person engaged in the business of selling tobacco products
outside this State who ships or transports tobacco products to retailers
in this State to be sold by those retailers.
(4)
JOBBER — Any person who acquires stamped cigarettes from
manufacturers or distributors, stores them and sells them to retailers
for resale.
(6)
RETAILER — Any person licensed under § 134.65(1),
Wisconsin Statutes.
(7)
SCHOOL — Has the meaning given in § 118.257(1)(d),
Wisconsin Statutes.
(8)
SUBJOBBER — Any person other than a manufacturer or distributor,
who buys tobacco products from a distributor and sells them to a person
other than the ultimate consumers.
(9)
TOBACCO PRODUCTS — Cigars; cheroots; stogies; periques;
granulated, plug cut, crimp cut, ready-rubbed and other smoking tobacco;
snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and
other chewing tobaccos; shorts; refuse scraps, clippings, cuttings
and sweepings of tobacco and other kinds and forms of tobacco prepared
in such manner as to be suitable for chewing or smoking in a pipe
or otherwise, or both for chewing and smoking; but "tobacco products"
does not include cigarette as defined under "cigarette".
(10)
VENDING MACHINE — Any mechanical device which automatically
dispenses cigarettes upon the deposit therein of specified coins in
payment for such cigarettes.
(11)
VENDING MACHINE OPERATOR — A person who acquires stamped
cigarettes from manufacturers or permittees, stores them and sells
them through the medium of vending machines which he or she owns,
operates or services and which are located on premises which are owned
or under the control of other persons.
(B)
Restrictions.
(1)
No retailer may sell or give cigarettes or tobacco products
to any person under the age of 18. A vending machine operator is not
liable under this paragraph for the purchase of cigarettes or tobacco
products from his or her vending machine by a person under the age
of 18 if the vending machine operator was unaware of the purchase.
(2)
A retailer shall post a sign in areas within his or her premises
where cigarettes or tobacco products are sold to consumers stating
that the sale of any cigarette or tobacco product to a person under
the age of 18 is unlawful under this section and § 134.66,
Wisconsin Statutes.
(3)
A vending machine operator shall attach a notice in a conspicuous
place on the front of his or her vending machine stating that the
purchase of any cigarette or tobacco product by a person under the
age of 18 is unlawful under § 134.66, Wisconsin Statutes,
and that the purchaser is subject to a forfeiture of not to exceed
$25.
(4)
No retailer may place a vending machine within 500 feet of a
school.
(5)
No manufacturer, distributor, jobber, subjobber or retailer,
or their employees or agents, may provide cigarettes or tobacco products
for nominal or no consideration to any person under the age of 18.
(6)
The person who ultimately controls, governs or directs the activities within the premises where any vending machine is located shall ensure that an employee of the retailer remains in the immediate vicinity, plain view and control of the vending machine whenever the premises are open. Except as provided in subsection (3), no retailer may keep a vending machine in any public place that is open to persons under the age of 18 unless all of the following apply:
(C)
Defense of Retailer. Proof of all of the following facts by
a retailer who sells cigarettes or tobacco products to a person under
the age of 18 is a defense to any prosecution for a violation of subsection
(B):
(1)
That the purchaser falsely represented that he or she had attained
the age of 18 and presented an identification card.
(2)
That the appearance of the purchaser was such that an ordinary
and prudent person would believe that the purchaser had attained the
age of 18.
(3)
That the sale was made in good faith, in reasonable reliance
on the identification card and appearance of the purchaser and in
the belief that the purchaser had attained the age of 18.
(D)
License Required.
(1)
Pursuant to § 134.65, Wis. Stats., which section is
incorporated herein by reference in its entirety, no retailer shall
sell, expose for sale, possess with intent to sell, exchange, barter,
dispose or give away any cigarettes or tobacco products to any person
until they have first obtained a license from the Village which shall
be issued on July 1 of each year upon completion and filing of a proper
written application and payment of the fee of $100 to the Village
Clerk/Treasurer before the license is issued. Each such license shall
name the licensee and specifically described the premises where such
business is to be conducted. Tobacco licenses shall not be transferable
from one person to another nor from one premises to another and every
licensed retailer shall keep complete and accurate records of all
purchases and receipts of cigarettes and tobacco products. Such records
shall be preserved on the licensed premises for two years in such
a manner so as to insure permanency and accessibility for inspection
and shall be subject to inspection at all visible hours by authorized
state and local law enforcement officials.
(2)
Any person violating this section shall be fined not more than
$100 nor less than $25 for the first offense and not more than $200
nor less $25 for the second or subsequent offense.
(A)
Definitions. The following words, terms and phrases, when used
in this article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
(1)
NON-FARM ANIMAL — Any living vertebrate, domestic or wild,
which is not used in or associated with agricultural uses or agricultural
businesses except a human being.
(2)
ANIMAL SHELTER — Any facility operated, owned or maintained
by a duly incorporated humane society, animal welfare society, or
other nonprofit organization for the purpose of providing for and
promoting the welfare, protection and humane treatment of animals.
(3)
DISINFECTANT — An agent, usually a chemical, that kills
growing forms, but not necessarily resistant spore forms, of the disease-producing
microorganisms.
(4)
DISINFECTING — The act of destroying infectious agents.
(5)
HEALTH DEPARTMENT — The County of Kenosha health department,
the health officer or his duly designated representative.
(6)
HUMANE OFFICER — Any person appointed by the Village as
a humane enforcement officer who is qualified to perform duties of
animal control as provided by the laws of the state and the Village.
(7)
PET — Any animal kept for pleasure rather than utility.
(8)
PET SHOP — Any person, partnership, limited liability
company or corporation, whether operated separately or in connection
with another business enterprise.
(9)
PET SHOP OPERATOR — Any person who sells, offers to sell,
exchanges, or offers for adoption with or without charge or donation
dogs, cats, birds, fish, reptiles, or other animals customarily obtained
as pets — However, a person who sells only such animals that
he has produced and raised shall not be considered a pet shop operator
under this article and a veterinary hospital or clinic operated by
a licensed veterinarian or veterinarians shall not be considered a
pet shop operator under this article.
(B)
Sale or Release of Certain Animals Restricted.
(1)
Animal Unfit for Sale or Release. The following shall deem an
animal unfit for sale or release:
(a)
Obvious signs of infectious disease such as distemper, hepatitis,
leptospirosis, rabies, para influenza (kennel cough) or other similar
diseases.
(b)
Obvious signs of nutritional deficiencies, which may include
rickets, emaciation, etc.
(c)
Obvious signs of severe parasitism.
(d)
Obvious fractures or congenital abnormalities affecting the
general health of the animal.
(e)
Skin diseases such as ringworm or fungus.
(2)
Restriction of Sale. The humane officer or health department
may restrict the sale of any animal suspected of being diseased or
otherwise unfit for sale. An examination by a veterinarian, at the
expense of the enforcement agency, may be requested.
(C)
Purchase, Keeping or Sale of Endangered or Dangerous Species.
No pet shop shall engage in the purchase, keeping or sale of any species
of primates, bats, foxes, raccoons, skunks, turtles, turtle eggs,
poisonous snakes, or any species of animal considered "endangered"
or considered a public health hazard by the U.S.D.A. or the Food and
Drug Administration, unless licensed by federal permit issued for
the sale of endangered species.
(D)
Pet Shop Permit.
(1)
Permit Required. No person shall operate a pet shop without
first obtaining a permit in compliance with this division.
(2)
Issuance. When all applicable provisions of this division have
been complied with by the applicant and a valid occupancy permit for
this type of business has been issued by the building inspector, upon
payment of the applicable fee as set forth in this division, the Village
Clerk/Treasurer shall issue a permit to operate.
(3)
Term. The permit period for a pet shop shall be from July 1
until June 30 of the following year. Renewal applications for pet
shop permits shall be made not later than June 30 of each year. Application
for a permit to establish a new pet shop under the provisions of this
ordinance may be made at any time.
(4)
Permit Fees.
(a)
Annual Fee. The annual permit fee for each pet shop shall be
$125.
(b)
Exception to Fee. No permit fee may be required of any animal
shelter.
(c)
Late Fee. Application for a renewal license made after July
1 for the following license year shall be assessed a late fee of $15.
(d)
Change in Ownership. If there is a change in ownership of a
pet shop, the new owner may have the current permit transferred to
his name upon payment of a transfer fee of $10.
(5)
Display of Permit. The current permit issued under this ordinance
must be prominently displayed at each place of business of the permittee.
(E)
Enforcement.
(1)
Notice of Violation. Whenever building inspector or the health
department finds, upon inspection, any violation of this ordinance,
the permittee shall be notified by means of a written notice of inspection.
This notice of inspection shall contain references to the specific
conditions found, the corrections necessary, and a specific and reasonable
time for compliance.
(2)
Service of Notice. Each notice or order provided under this
section will be considered to have been properly served when it has
been delivered personally, or when it has been mailed, postage prepaid,
by first class mail with return receipt requested, to the permit holder.
(3)
Suspension of Permit. If, at the end of the period specified in the notice served under subsection (2) of this section, a reinspection by building inspector or the health department reveals that corrections have not been made, the permit holder shall be given notice in writing that the Village intends to suspend the permit.
(4)
Appeal of Suspension Order. Any permit holder who has received
a notice of intention to suspend the pet shop permit may, within 30
days after service of this notice, demand a hearing before the Village
Board. Any proceedings to suspend the permit, shall be stayed pending
decision of the Village Board.
(5)
Hearing. The Village Board shall conduct the hearing on any
appeal filed by a permit holder under this section. At the conclusion
of such a hearing, the board may sustain, modify or withdraw the notice
or order, depending upon its findings as to whether the provisions
of this ordinance have been complied with. The Village Board may also
modify any order so as to authorize a variance from the provisions
of this ordinance if a literal enforcement of these provisions will
result in practical difficulty or unnecessary hardship because of
special conditions. If the board sustains or modifies a notice or
order, the permit holder shall comply with all provisions of the order
within a reasonable period of time, as determined by the board. If
the board upholds a notice of intention to suspend any permit required
by this ordinance, then that permit shall be suspended as of the date
of the hearing, until all provisions of the order are fulfilled.
(F)
Inspections. Inspection of the premises of a permit holder under
this division to determine compliance with this division may be made
by the health department or authorized agents during normal business
hours.
(G)
Operator Requirements.
(1)
Record of Sale. Each permit holder under this ordinance shall
keep accurate records of each dog, cat or bird sale for a minimum
period of 12 months after the date of sale or transfer of such animal,
and shall include the source of such animal, date of sale, description,
approximate age, sex of animal sold, and the name and address of purchaser.
Records of sales of small mammals and fish are not required.
(2)
Record of Prophylactic Medication and Immunization. A record
of prophylactic medication and immunization, the type, amount and
date of each, shall be kept by the permit holder under this ordinance
and shall become a part of the retail sales record.
(3)
Reasonable Care. Each permit holder under this ordinance shall
take reasonable care to release for sale, trade or adoption only those
animals which are free of disease, injuries or abnormalities. A health
certificate issued by a licensed veterinarian for any such animal
within 30 days before such sale, trade or adoption is prima facie
evidence that the permit holder has taken reasonable care as required
by this section.
(H)
Written Statement Required for Purchase. The permit holder under
this ordinance shall furnish the purchaser with a written statement
at the time of sale. The statement shall show:
(1)
Date of sale.
(2)
Name, address and telephone number of both permit holder and
purchaser.
(3)
Breed, description and approximate age, if dog or cat.
(4)
Prophylactic medication and immunizations and dates administered;
if none, so state.
(5)
Internal parasite medication and date administered; if none,
so state.
(6)
Guarantee, if offered; if none, so state.
(I)
Standards. All pet shops and stores selling animals, birds and
fish as pets shall, in addition to the other requirements of this
article, comply with the following standards. Failure to meet these
standards shall be grounds for denial or revocation of a permit:
(1)
All animals, birds or fish shall be displayed in a healthy condition,
or, if ill, removed from display and shall be given appropriate treatment
immediately.
(2)
All the animals shall be quartered, and the quarters in which
the animals are kept shall be maintained in a clean condition and
in a good state of repair.
(3)
The room temperature of the shop shall be maintained at a level
that does not present a health hazard to any species of animal kept
in the shop.
(4)
There shall be sufficient, clean, dry bedding to meet the needs
of each individual animal. Litter and/or bedding material shall be
changed at least daily and there shall be adequate ventilation to
prevent an odor nuisance.
(5)
Feces shall be removed from pens and enclosures at least daily,
or more frequently if necessary to prevent unsanitary conditions and
odor nuisance, and stored in tightly covered containers until final
disposal.
(6)
All cages and enclosures are to be of a nonporous material for
cleaning and disinfecting and shall have secure latches in good repair.
Each cage must be of sufficient size that the animal will have room
to stand, turn and stretch out to its full length. Cages will be cleaned
every day, including Sundays and holidays.
(7)
The floor and walls of any room in which animals are kept shall
be covered with impervious, smooth, cleanable surfaces. The floors
and walls shall be cleaned and disinfected as often as necessary to
prevent an odor nuisance.
(8)
The premises shall be kept free of insect and rodent infestations.
Food supplies shall be stored in rodent-proof containers.
(9)
There shall be available hot water for washing cages. Fresh
drinking water shall be available to all species at all times. All
water containers shall be mounted so that the animal cannot easily
turn them over and shall be removable for cleaning.
(10)
Food for all dogs and cats shall be served in a clean dish,
so mounted that the animal cannot readily tip it over or defecate
or urinate in such dish.
(11)
Adult dogs and cats shall be fed at least once a day. In the
case of young dogs and cats, they shall be fed more than once daily.
All other animals and birds must be fed and watered according to the
accepted procedure for that species.
(12)
The licensee or his representative shall be present for general
care and maintenance of animals at least once daily.
(13)
Shade is Required. Shade from the direct rays of the sun shall
be provided for all animals.
(14)
Each bird must have sufficient room to sit on a perch. Perches
shall be placed horizontally to each other in the same cage. Cages
must be cleaned every day and cages must be disinfected when birds
are sold. Parrots and other large birds shall have separate cages
from smaller birds.
(15)
Cats shall be provided with litter pans at all times. The pans
shall be cleaned and sanitized at least once daily, or more often
if necessary.
(16)
Any permit holder offering medication with the sale of an animal
shall take steps to ensure that such medication is properly labeled
for ease of identification, should it be accidentally ingested.
(J)
Penalties. Any person who shall violate any provision of this
ordinance, § 12.14, shall, upon conviction, forfeit not
less than $50 nor more than $200. Each day of violation shall constitute
a separate offense.
[Amended 4-13-2021 by Ord. No. 2021-007; 1-24-2023 by Ord. No. 2023-002]
(A)
License Required. No holder of a "Class B" or a Class "B" liquor
or beer license within the Village shall afford to the licensee's
patrons unless the licensee first shall have obtained a cabaret license
from the Clerk/Treasurer:
(1)
The music of one or more musicians.
(2)
Specifically feature or advertise dancing in the licensee's
premises using mechanical devices to produce music.
(3)
Furnish entertainment by, or performance of, any act, stunt,
or dance by performers under the licensee's auspices, whether such
performers or dancers are paid or not.
(4)
This section shall not apply to holders of a special event permit
issued under § 12.16 of this chapter.
(5)
A probationary or regular cabaret license, as defined in § 12.15(B)
and (C) of this chapter, and upon approval of the Village Board for
the issuance thereof, shall be issued such license for one or more
of the following specific uses, subject to compliance with further
conditions set forth by the Village Board:
(a)
A disc jockey utilizing mechanical devices to reproduce music.
(b)
Up to two musicians, not electronically amplified.
(c)
Two or more musicians electronically amplified.
(d)
Nonmusical entertainers, including but not limited to dancers,
actors, comedians, models or modeling, and magicians.
(e)
Any other live entertainment excepting live entertainment regulated
under the Village Zoning Ordinances.
(B)
Probationary Cabaret License.
(1)
The application for a cabaret license shall be on Village forms
and shall be filed with the Clerk/Treasurer and directed to the Village
Board, and shall be accompanied by the application fee.
(2)
The application shall contain the name of the applicant and
the location of the place to be licensed.
(3)
All such applications shall be accompanied by a nonrefundable
fee of $250.
(4)
Whenever such application is received by the Clerk/Treasurer,
the Clerk/Treasurer shall forward such application to the Kenosha
County Sheriff, the Building Inspector and the Fire Chief who shall
then each investigate or cause to be investigated such application
for the purpose of determining whether the place to be licensed will
comply with all the laws and regulations applicable thereto. The Sheriff,
the Building Inspector and the Fire Chief shall each, within 30 days,
thereupon furnish to of the Village Board in writing the information
derived from such investigation and the Village Board shall then hold
a public hearing on such application.
(5)
After such public hearing and after due deliberation in open
session, the Village Board shall approve or deny by majority vote.
Upon the favorable voting for granting of the license, it shall thereupon
be issued by the Clerk/Treasurer with such conditions as may be imposed
by the Village Board. In the event the application is denied, such
denial shall be based upon specific findings of facts.
(6)
Each probationary license granted under this section shall be
for a period of six months, and each probationary license shall be
subject to revocation as hereinafter provided.
(7)
Probationary licenses may be granted based upon the written
agreement of the applicant to comply with conditions set forth by
the Village Board. Conditions may only be imposed based upon evidence
presented which address the safety, health and welfare of the general
population including noise and crowd disturbances and parking.
(8)
The Clerk/Treasurer shall be responsible for drafting and issuing
all such probationary licenses. All such licenses shall specify the
name of the holder of the license and the dates for which it is applicable
as well as any conditions that may be imposed by the Village Board.
All such licenses shall be posted in public view at the licensed premises,
including all conditions.
(C)
Regular License.
(1)
After an applicant has held a probationary license for a period
of six months, the Village Board shall consider the issuance of a
regular license. Whenever such application for a regular license is
received by the Clerk/Treasurer, the Clerk/Treasurer shall follow
those notification procedures provided for in Subsection (B)(5) of
this section. Such consideration by the Village Board shall be preceded
by an investigation by the Kenosha County Sheriff to determine if
the licensee has complied with this section during the time that the
probationary license has been in effect. The Sheriff shall thereupon
furnish to the Board in writing the information derived from such
investigation within 30 days after application for a regular license.
The Sheriff shall also furnish the Village Board in writing with information
relative to the investigation of any complaints received by the Sheriff
concerning the holder of the probationary license. No application
for a regular license will be taken earlier than 60 days prior to
the expiration of the probationary license. If major structural modifications
were not made to the premises, the Village Building Inspector may
be required for renewal of a regular cabaret license.
(2)
Each regular license granted under this section shall expire
on June 30 of each year, and each license shall be subject to revocation
as hereinafter provided. The renewal applicant must sign and verify
that no structural changes were made to the premises and shall be
subject to an updated Sheriff's background report.
(3)
Regular licenses may be granted based upon the written agreement
of the applicant to comply with conditions set forth by the Village.
Conditions may be imposed which address the safety, health and welfare
of the general population including noise and crowd disturbances and
parking.
(4)
The Village Clerk/Treasurer shall be responsible for drafting
and issuing all such regular licenses. All such licenses shall specify
the name of the holder of the license and the dates for which it is
applicable as well as any conditions that may be imposed by the Village
Board. All such licenses shall be posted in public view.
(D)
Renewals.
(1)
Any holder of a regular license granted under this section or
any holder of a license granted under a prior ordinance who wishes
to renew that license and obtain a regular license shall submit his
application for renewal at least 60 days before their present license
expires. Such licenses may be renewed pursuant to the provisions of
this section as it applies to notice being given by the Village Clerk/Treasurer
and pursuant to the provisions of this section as it applies to investigation
by the Sheriff's Department and action by the Village Board. Renewal
applications not timely received shall be treated as a new application
under Subsection (B) of this section.
(2)
All such renewal applications shall be accompanied by a fee
of $150.
(E)
Regulations.
(1)
No dancing shall be permitted within six feet of a bar over
which patrons are directly served.
(2)
While dancing is in progress, the dance area shall be illuminated
by at least two footcandles per square foot.
(3)
Good order shall be maintained at all times including the exterior
of the licensed premises such as parking areas. Without limitation
due to enumeration, a lack of "good order" for purposes of this section
shall be deemed to include persistent loud noises to the annoyance
or detriment of surrounding property owners, patrons urinating in
public, using profane language or fighting.
(4)
The license holder shall insure that the building capacity set
by the Village Board or, in lieu thereof, by the Kenosha County Sheriff's
Department, after consultation with appropriate consultants, shall
be maintained at all times.
(5)
Adequate parking and, if deemed necessary by the Sheriff's Department
for safety reasons, lighted parking facilities shall be maintained
so as to accommodate anticipated capacities.
(6)
The license holder shall comply with all state statutes and
regulations and all county and Village ordinances.
(7)
Entertainment may be confined to a specified location on the
premises. "Premises" are defined for purposes of this section as the
enclosed structure or part of any enclosed structure licensed for
distribution of liquor and/or malt beverages as described in the application
for license on file with the Clerk/Treasurer. Cabaret licenses shall
not be issued for areas outside of an enclosed structure.
(8)
Music and other entertainment which is amplified inside shall
cease after 10:00 p.m. on Sunday through Thursday and 12:00 a.m. on
Friday and Saturday.
(9)
The management shall obey all reasonable orders or directions
of any law enforcement officer.
(10)
The performance of any act, stunt, or dance by performers under
the auspices of the management, other than musicians, shall be given
only on a raised portion of the floor separated by a railing or other
device from the patrons so as to deter patrons from participating
in any act, stunt or dance.
(11)
No license holder personally or through the licensee's agent
or employees shall permit any patron to participate in any act, stunt
or dance with performers who are under the auspices or furnished by
the management. This section does not apply to karaoke.
(12)
No patron shall participate in any act, stunt or dance by performers
who appear under the auspices of the management. This section does
not apply to karaoke.
(13)
No entertainer or musician shall associate or fraternize with
customers on the premises of the licensed establishment in which he
or she is currently performing in violation of the provisions of § 944.36,
Wis. Stats.
(14)
No licensee, personally or through the licensee's agent or employee,
shall advertise or produce lewd, obscene or indecent performances.
(15)
The top portion of the costume worn by female entertainers shall
be of nontransparent material. It must encircle the body, and the
areola of the breast must be completely covered. The lower portion
of the costume worn by male or female entertainers must completely
cover the entire pubic area and the cleavage of the buttocks and be
of nontransparent material.
(F)
Revocation of License.
(1)
A recorded hearing shall be held for the purpose of revoking
a license under this section. This hearing shall be preceded by written
notice to the holder of such license at least 10 days prior to said
hearing. All hearings for revocation shall be heard before the Village
Board, which hearings shall afford the holder of such license an opportunity
to present evidence on his or her behalf, to cross-examine witnesses
sworn under oath and all such other due process rights to which the
applicant may be entitled. The Village Board prior to revoking any
such license shall make specific findings of fact to support revocation
of the license. In lieu of revoking said license, conditions set by
the Village Board to address specific nuisances, dangers or hazards
may be imposed pursuant to this section.
(2)
Conviction for the violation of any provision of the Wisconsin
Liquor Laws, local zoning or building and sanitary codes or the cabaret
ordinance shall be sufficient for the Village Board to revoke such
license. In the event any regular license is revoked, the fee paid
for such license shall be forfeited and not returned to the holder.
(3)
The Village Board may, after the hearing described in Subsection
(F)(1), revoke any such cabaret license upon sufficient proof that
the holder has permitted or suffered the licensed premises to be conducted
by the licensee, employees, patrons or others in violation of health
regulations or in a disorderly or improper manner, or in violation
of the laws of the state or rules and regulations of the officers,
boards, or commissions of the state applicable thereto, or for any
reasons set forth in Subsection (F)(2) or any violation of Subsection
(G), below.
(4)
Any license holder whose license is revoked may appeal to the
Board of Trustees in writing within 15 days of such decision.
(5)
If any cabaret license is revoked or rescinded, the applicant
may reapply after a period of one year. The applicant must show that
measures were taken to correct the deficiencies that caused the revocation.
Any applicant having their cabaret license revoked twice shall not
be permitted to reapply for five years.
(G)
Responsibility of Licensee. Over and above the other provisions
of this chapter and Chapter 125, Wis. Stats., every Class "A," "Class
A," Class "B," or "Class B," or "Class C" (if available) licensee
licensed under this chapter shall, during hours of operation of the
licensed premises, be responsible for the conduct of patrons and persons
who are not on the licensed premises, but are present on the following
described off-licensed premises' property:
(1)
Parking lot owned, leased or operated by licensee which serves
the licensed premises;
(2)
The lot upon which the building being the subject of the license
or parking lot serving the licensed premises is situated;
(3)
Loitering where accompanied by loud noise, threats, fighting,
open intoxicants, consumption of intoxicants, weapons use or display,
illegal drug use or sale, urination, or otherwise disturbing, disorderly,
or illegal conduct;
(4)
Loitering of persons under the influence of alcohol beverage
or drugs; hereinafter "loitering." The licensee shall be responsible
to monitor off-licensed premises property for compliance with this
section. The licensee shall have a duty to direct patrons or persons
engaged in loitering to immediately leave property. The licensee is
not to use physical force to remove any such person or patron. Should
notified persons and patrons fail to comply, licensee shall have an
obligation to call the Sheriff's Department for assistance. The licensee
may elect to first call the Sheriff's Department if the licensee has
concern for their safety. "Licensee" shall mean and include any person
having control of the operation of the licensed premises.
(H)
Administrative Suspension. Upon written request made and filed
with the Clerk/Treasurer by the Kenosha County Sheriff, the President
or the President Pro Tem in the absence of the President may immediately
suspend any license issued under this section. A written order of
administrative suspension shall be served upon the licensee. All licensed
activities shall remain suspended until completion of an administrative
review hearing. Upon administrative suspension, an administrative
review hearing shall be scheduled for license review within 10 days
pursuant to the terms of this section.
(I)
License Transfers. Any cabaret license issued pursuant to the
provisions of this section shall not be transferable.
(J)
Severability. If any section, clause, provision or portion of
this section is adjudged unconstitutional or invalid by a court of
competent jurisdiction, the remainder of this section shall not be
affected thereby.
(K)
Penalty. In addition to any other action taken by the Village
Board, anyone who violates any of the provisions of this section shall
forfeit not less than $250 and not more than $500 for each offense,
together with the costs of prosecution. If such forfeiture and costs
are not paid, he shall be imprisoned in the County Jail for not more
than 60 days.[1]
[1]
Editor's Note: Former § 12.16, Special Event Permits,
added 4-13-2021 by Ord. No. 2021-007 and amended 1-24-2023 by Ord. No. 2023-003, which immediately
followed, was repealed 8-23-2023 by Ord. No. 2023-027.
