Except as otherwise specifically provided in
this chapter, the statutory provisions of Chapter 98, Weights and
Measures, of the Wisconsin Statutes and Chapter ATCP 92, Weighing
and Measuring Devices, of the Wisconsin Administrative Code are hereby
adopted and by reference made a part of this chapter as if fully set
forth herein. Any act required to be performed or prohibited by any
statute or code incorporated herein by reference is required or prohibited
by this chapter. Any future amendments, revisions or modifications
of the statutes incorporated herein or Wisconsin Administrative Code
provisions incorporated herein are intended to be made a part of this
chapter.
In order to assure compliance with this chapter,
the Village hereby grants the authority and duties of sealers and
inspectors required by this chapter to the State of Wisconsin Department
of Agriculture, Trade and Consumer Protection.
As used in this chapter, the following terms
shall have the meanings indicated:
COMMERCIAL WEIGHING OR MEASURING DEVICES
Devices used or employed in establishing the size, quantity,
extent, area or measurement of quantities, things, produce or articles
for sale, hire or award, or in computing any basic charge or payment
for services rendered on the basis of weight or measure.
WEIGHTS AND MEASURERS PROGRAM
The program that includes administration and enforcement
of this chapter, Ch. 98, Wis. Stats., and applicable Wisconsin Administrative
Code provisions, and any related actions.
[Amended 2-7-2022 by Ord. No. 3041]
An application for a new weights and measures
license shall be made in writing on a form provided for such purpose
by the Village Clerk and shall be signed by the owner of the commercial
business or by its authorized agent. Such applications shall state
the type and number of weighing and measuring devices to be licensed,
location of the devices, the applicants full name and post office
address. and whether such applicant is an individual, partnership,
limited liability company. corporation or other entity. Renewal of
licenses shall be based on the previous year's DATCP weights and measures
census report which identifies all the devices subject to annual inspections
within the Village.
Upon compliance with this chapter, the Village
Clerk shall issue a license to the applicant upon payment of an annual
license fee as listed in the Village Fee Schedule. Each store or other
business location shall require a separate license. The license fee
shall not be prorated for a partial year.
[Amended 2-7-2022 by Ord. No. 3041]
A license issued under this chapter shall expire
on December 31 of each year.
It shall be the duty of the Village Clerk to
notify the appropriate Village officials and to order the immediate
enforcement of the provisions of this chapter in cases involving a
failure to renew a weights and measures license. A licensee shall
be prohibited from operating or maintaining a weighting or measuring
device until such time as a valid license has been obtained under
the provisions of this chapter.
[Amended 2-25-2008 by Ord. No. 1935]
Except where a penalty is otherwise prescribed, the penalty for violation of any provision of this chapter shall be as set forth in §
115-1 of the Village Code.