City of Nekoosa, WI
Wood County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Nekoosa 2-9-1988 by Ord. No. 423. Amendments noted where applicable.]
GENERAL REFERENCES
Licensing of bicycles — See § 7.12.
Public works — See Ch. 8.
Building permits — See § 14.02.
Zoning Code — See Ch. 17.

§ 12.01 General provisions.

(1) 
Licenses or permits required. No person shall engage in any trade, profession, business or privilege in the City for which a license or permit is required by any provision of this Code without first obtaining such license or permit from the City in the manner provided in this chapter, unless otherwise specifically provided.
(2) 
Application. Unless otherwise provided, application for a license or permit shall be made in writing to the City Clerk upon forms provided by the Clerk, and the applicant shall state the location of the proposed activity and such other facts as may be required for or be applicable to the granting of such license or permit.
(3) 
Payment of fee. The fees for any license or permit shall be paid at the office of the City Clerk upon the issuance of such license or permit.
(4) 
Bond and insurance. All required bonds shall be executed by two sureties or a surety company and be subject to the approval of the City Attorney. Where policies of insurance are required, such policies shall be approved as to substance and form by the City Attorney. Satisfactory evidence of coverage by bond or insurance shall be filed with the City before the license or permit is issued.
(5) 
Form. Licenses and permits shall show the name of the licensee or permittee, the date of issue, the activity licensed and the term of the license or permit and shall be signed in the name of the City by the City Clerk and be impressed with the City Seal. The Clerk shall keep a record of all licenses and permits issued.
(6) 
License and permit term.
(a) 
Unless otherwise provided, the term of the license year shall end on June 30 of each year.
(b) 
When the issuance of a license for a period of less than one year is permitted, the effective date of such license shall commence with the date of issuance.
(c) 
Permits shall be issued for the term set forth in the permit.
(7) 
Exhibition of licenses or permits. Every licensee or permittee shall carry his license or permit upon his person at all times when engaged in the activity for which the license or permit was granted, except that where such activity is conducted at a fixed place or establishment, the license or permit shall be exhibited at all times in some conspicuous place in his place of business. The licensee or permittee shall exhibit the license or permit when applying for a renewal and upon demand of any police officer or person representing the issuing authority.
(8) 
Transfer. Unless otherwise provided, no license or permit shall be transferable or assignable.
(9) 
Renewal. Unless otherwise provided, license or permit renewals shall be issued in the same manner and be subject to the same conditions as the original license or permit.
(10) 
Suspension and revocation of licenses and permits. Except as otherwise specifically provided, any license or permit granted under this chapter may be suspended or revoked by the Council for cause after giving the licensee or permittee an opportunity to be heard, as provided by law. Cause may include the following:
(a) 
Fraud, misrepresentation or incorrect statement contained in the application or made in carrying on the licensed or permitted activity.
(b) 
Conviction of any crime or misdemeanor, subject to §§ 111.321, 111.322 and 111.335, Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(c) 
Conducting such activity in such manner as to constitute a breach of the peace or a menace to the health, safety or welfare of the public, or a disturbance of the peace or comfort of residents of the City upon recommendation of the appropriate City official.
(d) 
Expiration or cancellation of any required bond or insurance.
(e) 
Actions unauthorized or beyond the scope of the license or permit granted.
(f) 
Violation of any regulation or provision of this Code applicable to the activity for which the license or permit has been granted, or any regulation or law of the state so applicable.
(g) 
Failure to continuously comply with all conditions required as precedent to the approval of the license or permit.

§ 12.02 Intoxicating liquor and fermented malt beverages.

(1) 
State statutes adopted. The provisions of Ch. 125, Wis. Stats., relating to the sale of intoxicating liquor and fermented malt beverages, except §§ 125.03, 125.15, 125.16, 125.19, 125.29, 125.30, 125.32(3), 125.33, 125.52, 125.53, 125.54, 125.55, 125.56, 125.58, 125.60, 125.61, 125.62, 125.65, 125.67 and 125.69, exclusive of any provisions thereof relating to the penalty to be imposed or the punishment for violation of said statutes, are hereby adopted and made a part of this section by reference. A violation of any such provision shall constitute a violation of this section.
(2) 
Definitions. As used in this section, the following definitions apply:
LEGAL DRINKING AGE
Twenty-one years of age, but also includes persons who have attained the age of 19 on or before August 31, 1986.
UNDERAGE PERSON
A person who has not attained the legal drinking age.
(3) 
License application. Application for a license to sell or deal in alcohol beverages shall be made in writing on the form prescribed by § 125.04(3), Wis. Stats., and shall be filed, together with the cost of publication as provided by § 125.04(3)(g)6, Wis. Stats., with the City Clerk not less than 15 days prior to the granting of the license. However, applications for licenses to be issued under §§ 125.26(6) and 125.51(10), Wis. Stats., shall be filed with the Clerk not less than three days prior to the granting of the license. Further, as a condition of granting an operator's license, the applicant shall sign a waiver permitting the City to secure from the Federal Bureau of Investigation and the Wisconsin Crime Information Bureau a record check of the applicant. No license shall be issued until the fee has been paid.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(4) 
Application investigation. The City Clerk shall notify the Chief of Police and the Fire Chief of each new license and permit application, and these officials shall review such application and inspect, or cause to be inspected, the premises to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto. These officials shall furnish to the Council, in writing, the information derived from such investigation. No license or permit provided for in this section shall be issued without the approval of a majority of the Council, and no license shall be renewed without a report from the Chief of Police.
[Amended by Ord. No. 509]
(5) 
License fees. The fees for issuance of fermented malt beverage and intoxicating liquor licenses shall be as follows:
(a) 
Class "A" fermented malt beverage license: $10 per year.
(b) 
Class "B" fermented malt beverage license: $100 per year or $50 for six months; a six-month license may not be renewed in the same calendar year.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(c) 
Class "B" fermented malt beverage picnic license, issued to organizations enumerated in § 125.26(6), Wis. Stats.: $2 per day. No more than two licenses may be issued to any one organization in any twelve-month period.
[Amended by Ord. No. 509[3]]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(d) 
"Class A" intoxicating liquor license: $150 per year.
(e) 
"Class B" intoxicating liquor license: $200 per year, except the license fee for bona fide clubs and lodges situated and incorporated or chartered in the state for at least six years shall be $50 per year, as provided in § 125.51(3)(e), Wis. Stats.
(e1) 
Reserve "Class B" intoxicating liquor license:
[Added by Ord. No. 509]
1. 
License fee: $10,000 for the initial license, plus regular "Class B" license fee, except that bona fide clubs and lodges are exempt from the initial issuance fee. See § 125.51, Wis. Stats.
2. 
Exception; license fee: $200 per year; may be issued to certain hotels and restaurants only if all regular and reserve licenses have been issued. See § 125.51(3)(e)3, Wis. Stats.
(f) 
Wholesaler's fermented malt beverage license: $25 per year.
(g) 
Operator's license: $10 for the initial license; $5 per year for license renewals.
(h) 
Temporary license: $5 for up to 14 days, as provided in § 125.17(4), Wis. Stats.
(i) 
Provisional operator's license: $5 for 60 days, pursuant to § 125.17(5), Wis. Stats.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(i1) 
Provisional retail alcohol beverage license: $15 for up to 60 days, as provided in § 125.185, Wis. Stats.
[Added by Ord. No. 509]
(j) 
Transfer of license to another premises: $10.
(6) 
Operator's license. All applications for annual operators' licenses shall be filed in the office of the City Clerk on or before May 31 of each year, provided that nothing shall prevent the Council from granting any license which is applied for at least five working days before a Council meeting at any other time for a fraction of the year for the annual fee. The Clerk may issue a provisional operator's license to a person who has applied for an operator's license and has not previously been denied an operator's license. Operators' licenses shall be issued to any applicant qualified under § 125.04(5), Wis. Stats.
[Amended by Ord. No. 510]
(7) 
License required. No person shall vend, sell, deal or traffic in, or, for the purpose of evading any law or ordinance, give away, any liquor or fermented malt beverages, or cause the same to be done, without having procured a license as provided in this section nor without complying with all provisions of this section and all statutes, ordinances and regulations applicable thereto. A license shall be required for each stand, place, room or enclosure or for each suite of rooms or enclosures which are in direct connection or communication to each other where liquor and fermented malt beverages are kept, sold or offered for sale; no license shall be issued to any person for the purpose of possessing, selling or offering for sale any liquor or fermented malt beverage in any dwelling, house, flat or residential apartment.
(8) 
Qualifications for licenses and permits.
(a) 
Natural persons. Licenses related to alcohol beverages, issued to natural persons under this section, may be issued only to persons who:
1. 
Do not have an arrest or conviction record, subject to §§ 111.321, 111.322 and 111.335, Wis. Stats.
2. 
Have been residents of this state continuously for at least 90 days prior to the date of filing the application for license.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
3. 
Have attained the legal drinking age.
(b) 
Criminal offenders. No license or permit related to alcohol beverages may, subject to §§ 111.321, 111.322 and 111.335, Wis. Stats., be issued under this section to any natural person who has been convicted of a felony unless the person has been duly pardoned.
(c) 
Corporations. No license or permit may be issued to any corporation unless the agent of the corporation appointed under § 125.04(6), Wis. Stats., and the officers and directors of the corporation meet the qualifications of Subsection (8)(a)1 and 3 and (b) above, except that Subsection (8)(a)2 does not apply to agents.
(9) 
"Class B" liquor license quota. The license quota for "Class B" intoxicating liquor licenses shall be the number as provided in § 125.51(4), Wis. Stats.
(10) 
License conditions and restrictions. In addition to the conditions and restrictions imposed by state law on the granting of Class A and Class B fermented malt beverage licenses and intoxicating liquor licenses hereunder, the following conditions and restrictions shall apply:
(a) 
Consent to inspection of premises. It shall be a condition of any license issued hereunder that the licensed premises may be entered and inspected at any reasonable hour by any police officer of the City without any warrant, and the application for a license hereunder shall be deemed a consent to this provision. If such inspection is denied, such denial shall be deemed a violation of this section.
(b) 
Violation by agents or employees. A violation of this section by a duly authorized agent or employee of a licensee shall constitute a violation of the licensee.
(c) 
Sales to underage persons prohibited. No alcohol beverage shall be sold, dispensed, given away or furnished to any underage person unless he is accompanied by a parent, guardian or spouse who has attained the legal drinking age.
(d) 
Sales by clubs. No club shall sell intoxicating liquors or fermented malt beverages except to members and guests invited by members.
(e) 
Commencement of operations. Within 90 days after the issuance of a "Class A" retail liquor license or a "Class B" intoxicating liquor license or a Class "B" fermented malt beverage license, the licensee shall be open for business with adequate stock and equipment. Upon his failure to do business within such time, his license shall be subject to revocation by the Council after a public hearing. The Council may, for good cause shown, extend such ninety-day period.
(f) 
Cessation of operations. If any licensee shall suspend or cease doing business for 90 consecutive days or more, his "Class A" retail liquor license or his "Class B" intoxicating liquor license or his Class "B" fermented malt beverage license shall be subject to revocation by the Council after a public hearing. The Council may, for good cause shown, extend such ninety-day period.
(g) 
Transfer of license. No license shall be transferable from person to person except as provided in § 125.04(12)(b), Wis. Stats., or from place to place except as provided in § 125.04(12)(a), Wis. Stats.
(h) 
Location of premises restricted. No retail "Class A," "Class B," Class "A" or Class "B" license shall be issued for premises, the main entrance of which is less than 300 feet from the main entrance of any established public school, parochial school, hospital or church. Such distance shall be measured by the shortest route along the highway from the closest point of the main entrance of such school, church or hospital to the main entrance to such premises. This subsection shall not apply to premises so licensed on June 30, 1947.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(i) 
Safety and health requirements. No retail "Class B" or Class "B" license shall be issued unless the premises to be licensed conform to the sanitary, safety and health requirements of the State Building Code, the State Plumbing Code and the rules and regulations of the State Department of Health Services applicable to restaurants, and also shall conform to all ordinances and regulations of the City.[7]
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(j) 
Clear view of premises required. Except as otherwise provided in this subsection, all windows in the front of any licensed premises shall be of clear glass, unobstructed by any signs, advertising material or venetian blinds, and the premises shall be so arranged as to furnish a clear view of the entire premises from the sidewalk at all times.
(k) 
City taxes and claims. No license shall be granted for operation on any premises upon which personal property taxes or assessments or other financial claims of the City are delinquent and unpaid.
(l) 
Disorderly conduct and gambling prohibited. Each licensed premises shall at all times be conducted in an orderly manner, and no disorderly, riotous or indecent conduct or gambling shall be allowed at any time on any licensed premises.
(m) 
(Reserved)[8]
[8]
Editor's Note: Former Subsection (10)(m) was repealed by Ord. No. 509.
(10a) 
Nude dancing in licensed establishments.
[Added by Ord. No. 498; amended by Ord. No. 509]
(a) 
Prohibited. It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the licensee to permit any person, employee, entertainer or patron to perform or engage in, any live act, demonstration, dance or exhibition on the premises of a licensed establishment which:
1. 
Shows his or her genitals, pubic area, vulva, anus, anal clef or cleavage with less than a fully opaque covering; or
2. 
Shows any portion of the female breast below a point immediately above the top of the areola; or
3. 
Shows the covered male genitals in a discernibly turgid state.
(b) 
Exemptions. The provisions of this subsection do not apply to theaters, performing arts centers, civic centers and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.
(c) 
Definitions. For purposes of this subsection, the following definitions apply:
LICENSED ESTABLISHMENT
Any establishment licensed by the City to sell alcohol beverages pursuant to Ch. 125, Wis. Stats.
LICENSEE
The holder of a retail "Class A," "Class B," Class "B" or Class "A" license granted by the City pursuant to Ch. 125, Wis. Stats.
(d) 
Penalties. Any person who violates any of the provisions of this subsection shall be subject to a forfeiture as provided in § 25.04 of this Code. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this subsection constitutes sufficient grounds for suspending, revoking or not renewing an alcohol beverage license under § 125.12, Wis. Stats.
(11) 
Closing hours. No premises for which an alcohol beverage license has been issued shall remain open for the sale of alcohol beverages as follows:
(a) 
Wholesale license: between 5:00 p.m. and 8:00 a.m., except Saturdays when the closing hour shall be 9:00 p.m.
(b) 
Retail "Class A" intoxicating liquor licenses: between 9:00 p.m. and 8:00 a.m.
(c) 
Retail "Class B" and "Class C" licenses. No premises for which a retail "Class B" license or permit or a "Class C" license or permit has been issued may remain open between the hours of 2:00 a.m. and 6:00 a.m., except as herein provided. On Saturday and Sunday, no premises may remain open between 2:30 a.m. and 6:00 a.m. on January 1; premises operating under a "Class B" license or permit are not required to close.
[Amended by Ord. No. 518]
(d) 
Hotels and restaurants. Hotels and restaurants, the principal business of which is the furnishing of food and/or lodging to patrons, shall be permitted to remain open after closing hours for the conduct of regular business, but shall not sell intoxicating liquors or malt beverages during the closing hours stated in Subsection (11)(c) above.
(e) 
Presence on premises after closing hour restricted.
1. 
Any person who is not an employee of the licensee who remains on the premises after the designated closing hour is subject to the penalties as provided in this chapter.
2. 
Any person, while on the premises after closing hours, must be actively engaged in bona fide business activities and may not consume alcohol beverages.
(12) 
Sale of "Class B" packaged goods.
(a) 
Sale restrictions. Pursuant to § 125.51(3)(b), Wis. Stats., no person may sell intoxicating liquor in an original unopened package, container or bottle for consumption away from the premises in excess of four liters at any one time on any premises for which any "Class B" intoxicating liquor license or combination Class B alcohol beverage license has been issued. However, packaged goods sales of fermented malt beverages and wine from such premises may be made in any quantity.
(b) 
Hours of sale. Between the hours of 12:00 midnight and 6:00 a.m., no person may sell any packaged goods from any "Class B" licensed premises.
[Amended by Ord. No. 518]
(13) 
Underage person: presence in places of sale.
(a) 
Restrictions. Pursuant to § 125.07(3), Wis. Stats., an underage person not accompanied by his parent, guardian or spouse who has attained the legal drinking age may not enter or be on any premises for which a license or permit for the retail sale of alcohol beverages has been issued, for any purpose except the transaction of business pertaining to the licensed premises with or for the licensee or his employee. The business may not be amusement or the purchase, receiving or consumption of edibles or beverages or similar activities which normally constitute activities of a customer of the premises.
(b) 
Exceptions. Subsection (13)(a) above shall not apply to:
1. 
An underage person who is a resident, employee, lodger or boarder on the licensed premises.
2. 
An underage person who enters a Class "A" or "Class A" premises for the purpose of purchasing edibles and soft drinks and immediately thereafter leaves such premises.
3. 
Hotels, drugstores, grocery stores, bowling alleys, athletic fields or stadiums owned by a county or municipality.
4. 
Ski chalets, golf clubhouses, curling clubs and private tennis clubs.
5. 
Licensed restaurants where the principal business is that of a restaurant.
6. 
A person who is at least 18 years of age and who is working under a contract with the licensee to provide entertainment for customers on the premises.
7. 
An underage person who enters on Class "B" or "Class B" premises on dates specified by the licensee when no alcohol beverages will be consumed, sold or given away. The licensee shall notify the Police Department of such specified dates; unless all alcohol beverages are stored in a locked portion of the premises, the licensee or a licensed operator must be on the premises at all times.
(14) 
Underage person: consumption and possession of alcohol beverages.
(a) 
Restrictions. Pursuant to § 125.07(4)(b) and (bm), Wis. Stats., no underage person not accompanied by a parent, guardian or spouse who has attained the legal drinking age may knowingly possess or consume alcohol beverages.
(b) 
Exceptions. An underage person may possess alcohol beverages if employed by any of the following:
1. 
A brewer.
2. 
A fermented malt beverages wholesaler.
3. 
A permittee other than a Class "B" or "Class B" permittee.
4. 
A facility for the production of alcohol fuel.
5. 
A retail licensee or permittee under the conditions specified in §§ 125.32(2) or 125.68(2), Wis. Stats., or for delivery of unopened containers to the home or vehicle of a customer.
(c) 
Selling or serving alcohol beverages. Pursuant to §§ 125.32(2) and 125.68(2), Wis. Stats., any underage person who is at least 18 years of age may sell or serve alcohol beverages on any Class A or Class B premises, provided that such underage person is under the immediate supervision of the licensee, agent or manager, or a licensed operator, who is on the premises at the time of such sale or service.
(15) 
Revocation and suspension of licenses.
(a) 
Procedure. Except as hereinafter provided, the provisions of § 125.12(2) and (3), Wis. Stats., shall be applicable to proceedings for revocation or suspension of licenses or permits granted under this section. Revocation or suspension proceedings may be initiated upon written complaint by the Mayor or the Chief of Police or by the Council upon its own motion. However, the Council shall not revoke, suspend or nonrenew an alcohol beverage license for any of the following:
[Amended by Ord. No. 510]
1. 
A single violation of serving an underage person in a one-year period; in addition, no more than one penalty may be imposed for such offense. See § 125.12(1)(a) and (b), Wis. Stats.
2. 
Conviction of possessing up to five video games. See §§ 945.03(2m), 945.04(2m) and 945.041(11), Wis. Stats.
(b) 
Repossession of license or permit. Whenever any license or permit shall be revoked or suspended pursuant to this subsection, the City Clerk shall notify the licensee or permittee and the Chief of Police of such revocation or suspension, and the Chief of Police or his designee shall take physical possession of the license or permit wherever it may be found and file it in the office of the City Clerk.
(c) 
Effect of revocation of license. No license shall be issued for any premises if a license covering such premises has been revoked within six months prior to application. No license shall be issued to any person who has had a license issued pursuant to this section revoked within 12 months prior to application.
(16) 
Social hosting.
[Added 4-9-2013 by Ord. No. 572]
(a) 
Definitions. For purpose of this subsection, the following terms have the following meanings:
ALCOHOL
Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin or any other distilled spirits, including dilutions and mixtures thereof from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE
Alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer and which contains 1/2 of 1% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.
EVENT OR GATHERING
Any group of three or more underage persons who have assembled or gathered for a social occasion or other activity.
HOST or ALLOW
To organize, supervise, control, or permit a gathering whether present or not, which is prohibited under Subsection (16)(b).
IN CONTROL
The power to direct, manage, oversee and/or restrict the affairs, business or assets of a person or entity.
PARENT
Any person having legal custody of a juvenile:
1. 
As a natural, adoptive parent or stepparent;
2. 
As a legal guardian; or
3. 
As a person to whom legal custody has been given by order of the court.
POSSESSION
The fact of having or holding property in one's power; the exercise of dominion over property.
PRESENT
Being at hand or in attendance.
RESIDENCE, PREMISES or PUBLIC OR PRIVATE PROPERTY
Any home, yard, farm, field, land, apartment, condominium, hotel or motel room or other dwelling unit, or a hall or meeting room, park or any other place of assembly, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented or used with or without permission or compensation.
UNDERAGE PERSON
Any individual under 21 years of age.
(b) 
Prohibited acts.
1. 
No person may procure for, sell, dispense or give away any alcoholic beverage to any underage person not accompanied by his or her parent, guardian or spouse who has not attained the legal drinking age.
2. 
No adult may knowingly permit, host, or fail to take action to prevent the illegal consumption or possession of alcoholic beverages by an underage person on premises owned by the adult or under the adult's control.
3. 
No adult may intentionally encourage or contribute to a violation of Subsection (16)(b)1 or 2.
(c) 
Exceptions.
1. 
This subsection does not apply to conduct solely between an underage person and his or her parent or spouse of legal drinking age and while that parent or spouse is present and in control of the underage person.
2. 
This subsection does not apply to legally protected religious observances.
3. 
This subsection does not apply to situations where the underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment.
(d) 
Penalties. A person who commits a violation may be:
1. 
Required to forfeit not more than $500 plus court costs if the person has not committed a previous violation within 30 months of the current violation.
2. 
Be required to forfeit not more than $1,000 plus court costs if the person has committed a previous violation within 30 months of the current violation.
3. 
Be required to forfeit not more than $2,500 plus court costs if the person has committed two previous violations within 30 months of the current violation.
4. 
Be required to forfeit not more than $5,000 plus court costs if the person has committed three or more previous violations within 30 months of the current violation.

§ 12.03 Sale or gift of cigarettes.

(1) 
Required. No person shall sell cigarettes in the City without first obtaining a license from the City Clerk. The provisions of § 134.65, Wis. Stats., are hereby adopted and made a part of this section by reference.
(2) 
License fee. The license fee shall be $25 per year.
[Amended by Ord. No. 516]
(3) 
Restriction on sale or gift of cigarettes or tobacco products.
[Added by Ord. No. 485]
(a) 
The provisions of § 134.66, Wis. Stats., are hereby adopted and made a part of this section by reference.
(b) 
No person may purchase cigarettes or tobacco products on behalf of, or to provide to, any person who is under 18 years of age.
[Added by Ord. No. 545]

§ 12.04 Carnivals, circuses, concerts and other entertainment.

(1) 
License required. No person shall conduct, for gain, within the City, any carnival, circus, concert, or any other similar entertainment without first obtaining a license.
(2) 
Application. Application for a license shall be submitted on forms supplied by the City Clerk. The application shall be accompanied by a certificate of insurance showing that the applicant is covered by liability insurance by an insurance company licensed to do business in Wisconsin in the amount of $300,000 for the injury or death of one person, $1,000,000 for any one accident and $50,000 for property damage. If the entertainment involves carnival-type rides, proof of current inspection of such rides by the Wisconsin Department of Safety and Professional Services must also be furnished.
(3) 
Fee. The license fee shall be $5 per event, except that no fee shall be charged for events held or sponsored by educational, charitable, nonprofit or religious organizations when the proceeds thereof shall be devoted to the purposes of such organization.
(4) 
Grant or denial of license. The Council shall review the application and grant or deny the license.

§ 12.05 Rummage and garage sales.

(1) 
License required. No person shall conduct a rummage or garage sale within the City without having obtained a license from the City Clerk, except as provided in Subsection (2) below. Before issuing the license, the Clerk shall refer the application to the Building Inspector for verification as to whether or not such sale at the proposed location is compatible with Chapter 17 of this Code.
(2) 
Exceptions to license requirement. No person shall be required to obtain a license if:
(a) 
The sale is conducted in a business district and is a permitted use in such district.
(b) 
The person conducts, on his own residential premises, no more than three sales in any one year. Each sale may be held for no more than three consecutive days and shall not be conducted between the hours of 8:00 p.m. and 8:00 a.m.
(c) 
The sale is conducted by a religious, educational, charitable or civic organization on premises located in a residential district no more than three times in any one year. Each such sale may be held for no more than three consecutive days and shall not be conducted between the hours of 8:00 p.m. and 8:00 a.m.
(3) 
License fee. The license fee shall be $10 per sale, such sale not to exceed three days.

§ 12.06 Direct sellers, transient merchants and solicitors.

(1) 
Direct sales and solicitations; registration required. It shall be unlawful for any direct seller, transient merchant or solicitor to engage in direct sales or solicitations within the City without being registered and licensed for that purpose, as provided herein.
(2) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
APPLICANT
Each individual applying for registration and licensing as a direct seller, transient merchant or solicitor.
CHARITABLE ORGANIZATION
Any benevolent, philanthropic, patriotic or eleemosynary person, partnership, association or corporation for which there is provided proof of tax-exempt status pursuant to § 501(c)(3) or (4) of the United States Internal Revenue Code.
DIRECT SELLER
Any individual who, for himself or for a partnership, association or corporation, sells goods or services or takes sales orders for the later delivery of goods or services at any location other than the permanent business place or residence of said individual, partnership, association or corporation and shall include, but not be limited to, peddlers, canvassers and transient merchants. The sale of goods and services includes donations requested or required by the direct seller for the retention of goods or services by a donor or prospective customer.
GOODS
Personal property of any kind and includes goods provided incidental to services offered or sold.
PERMANENT MERCHANT
A direct seller or one representing a merchant who, for at least one year prior to the submission of an application pursuant to this section, has continuously operated an established place of business in the City or has continuously resided in the City and now does business from his residence.
REGISTRANT
Each individual registered by the City Clerk.
SOLICITOR
Any individual who, for himself or for any other person, organization, society, association or corporation, personally solicits money, property or financial assistance of any kind from persons other than members of such organization, society, association or corporation.
TRANSIENT MERCHANT
Any person, whether as owner, agent, consignee or employee, who engages in a temporary business of selling and delivering goods, wares and merchandise within the City and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, trailer, tent, railroad boxcar or boat, public room in a hotel, lodging house, apartment, shop or any street, alley or other place within the City for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction, provided that such definition shall not be construed to include any person, firm or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples for the purpose of securing orders for future delivery only. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this section merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader or auctioneer.
(3) 
Exemptions.
(a) 
The following shall be exempt from all provisions of this section:
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 farmer or truck gardener selling agricultural products of the farm or garden occupied or cultivated by such person.
4. 
Any permanent merchant or employee thereof who takes orders away from the established place of business for goods regularly offered for sale by such merchant within the county and who delivers such goods in his 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 and in which the buyer has initiated contact with and specifically requested a home visit by said person.
6. 
Any person who has had, or represents a company which has had, a prior business transaction such as a prior sale or credit arrangement with a 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.
(b) 
Charitable organizations registered with the Wisconsin Department of Safety and Professional Services, pursuant to § 440.41, Wis. Stats., shall be exempt from the requirements set forth in Subsections (4)(a) and (c) and (6) below if the organization has provided the individual representing it with credentials stating the name of the organization, the name of the representative and the purpose of the solicitation, and provided further that said individuals complete an application on a form provided by the City Clerk. A license operative for the dates provided to the Clerk shall be issued without charge upon compliance with the foregoing. The Clerk shall then forward the information and notice of the issuance of a license to the Chief of Police.
(c) 
Any religious organization from which there is provided proof of tax-exempt status, pursuant to § 501(c)(3) of the United States Internal Revenue Code, shall be exempt from the requirements set forth in Subsections (4)(a) and (c) and (6) below. The provisions of Subsection (3)(b) above shall be applicable to such organizations.
(d) 
Veterans holding special state licenses.
1. 
Any veteran who holds a special state license, pursuant to § 440.51, Wis. Stats., shall be exempt from the provisions of Subsections (4) and (6) below, provided that such veteran provides the City Clerk with the following information:
a. 
The veteran's name and permanent address.
b. 
The nature of the sales or solicitations.
c. 
Proposed dates and times of sales or solicitations.
2. 
The City Clerk shall then forward the above information to the Chief of Police.
(4) 
Registration requirements; application fee.
(a) 
Applicants for licenses must complete and return to the City Clerk a registration form furnished by the Clerk.
(b) 
Applicants shall present the following items to the City Clerk for examination:
1. 
A driver's license or some other proof of identity as may be reasonably required.
2. 
A physician's certificate where the applicant's business involves the handling of food or clothing and is required to be certified under state law, such certificate to state that the applicant is apparently free from any contagious or infectious disease and dated not more than 90 days prior to the date the application for license is made.
(c) 
No application shall be processed until the application fee in the amount of $20 has been paid to the City Clerk to cover the cost of processing said initial application and $5 per one-week extension.
[Amended by Ord. No. 474]
(5) 
Investigation; denial of application.
(a) 
Upon receipt of a completed registration form, the City Clerk shall immediately refer it to the Chief of Police to make an investigation. The Chief of Police or his designee shall complete the investigation and file a report with the Clerk within 72 hours. If, as a result of the investigation required under this section, the applicant's business or character is found to be unsatisfactory, the Chief of Police shall endorse on said application his disapproval and his reasons for the same and return the application to the City Clerk, who shall notify the applicant that his application was not approved and no license will be issued.
(b) 
The City Clerk shall refuse to issue a license to the applicant for any of the following reasons:
1. 
The application contains any material omission or materially inaccurate statement.
2. 
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 solicitation.
3. 
The applicant failed to comply with any applicable provision of Subsection (4)(b) above.
(c) 
In the event the City Clerk shall refuse to issue the applicant a license, the Clerk shall provide the applicant an opportunity to refute said reasons for denial of the license. After the Clerk has made a final determination, he shall either issue the license or provide the applicant with written reasons for refusing to issue the license.
(d) 
Any person denied application for a license may appeal such action by filing with the Council, within 14 days after written notice of the denial, a written statement requesting a hearing and setting forth the grounds for the appeal. The Council shall set a time and place for the hearing. Written notice of the time and place of the hearing shall be given to the applicant at least 24 hours prior to the time set for the hearing.
(6) 
Registration and issuance of license.
(a) 
Upon compliance with the foregoing requirements and filing of a bond, if applicable, the City Clerk shall register the applicant as a direct seller, transient merchant or solicitor and issue a license to the applicant. The license shall be operative for seven consecutive days from the date of issuance.
[Amended by Ord. No. 475]
(b) 
Such license shall contain the signature of the City Clerk; the name and address of the direct seller, transient merchant or solicitor; the type of goods or services being sold or the nature of the solicitation; the dates during which the license is operative; and the license number of any vehicle used for sales or solicitation.
(c) 
A registrant shall exhibit his license at the request of any citizen or police officer.
(d) 
Every applicant who intends to take sales orders and down payments for the later delivery of goods and services and is not a resident of this county, or who is such a resident and represents a business or organization whose principal place of business is located outside the state, shall file with the City Clerk a surety bond for a term of one year from the date of issuance of the license, running to the City in the amount of $500 with surety acceptable to the Clerk, conditioned that the applicant comply with all applicable ordinances of the City and statutes of the state regulating peddlers, canvassers, solicitors and transient merchants. Such bond shall guarantee to any citizen of the City that all money paid as a down payment shall be accounted for and applied according to the representations of the seller, and that the property purchased shall be delivered according to the representations of the seller. Action on such bond may be brought by the person aggrieved and for whose benefit, among others, the bond is given. The surety may, pursuant to a court order, pay the face amount of the bond to the Clerk of Courts in which suit is commenced and be relieved of all further liability.
(7) 
Regulation of direct sellers and solicitors.
(a) 
Prohibited practices.
1. 
A direct seller or solicitor shall be prohibited from:
a. 
Calling at any dwelling or other place between the hours of 6:00 p.m. and 9:00 a.m., except by appointment.
[Amended by Ord. No. 476]
b. 
Calling at any dwelling on Sundays and legal holidays.
c. 
Calling at any dwelling or other place where a sign is displayed bearing the words "No peddlers," "No Solicitors" or words of similar meaning.
d. 
Calling at the rear door of any dwelling place.
e. 
Remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises.
2. 
A direct seller or solicitor shall not misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or character of any goods or services offered for sale, the purpose of his visit, his identity or the identity of the organization he represents.
3. 
No direct seller or solicitor shall impede the free use of sidewalks and streets by pedestrians and vehicles. Where sales or solicitations are made from vehicles, all traffic and parking regulations shall be observed. No direct seller or solicitor shall have any exclusive right to any location in the public streets. No direct seller or solicitor shall sell or solicit in any congested area or where the public will be impeded or inconvenienced. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
4. 
No direct seller or solicitor shall make any loud noises or use any sound-amplifying device to attract customers or donors if the noise produced is capable of being plainly heard outside a one-hundred-foot radius of the source.
5. 
No direct seller or solicitor shall allow rubbish or litter to accumulate in or around the area in which he is conducting business or making solicitations.
(b) 
Disclosure requirements.
1. 
After the initial greeting and before any other statement is made to a prospective customer or donor, a direct seller or solicitor 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.
2. 
If any sale of goods or services is made by a direct seller or any sales order for the later delivery of goods or services is taken by the seller, the buyer shall have the right to cancel said transaction if it involves the extension of credit or is a cash transaction of more than $25, in accordance with the procedure as set forth in § 423.203, Wis. Stats.; the seller shall give the buyer two copies of a typed or printed notice of that fact. Such notice shall conform to the requirements of § 423.203(1)(a), (b) and (c), (2) and (3), Wis. Stats.
3. 
If the direct seller takes a sales order for the later delivery of goods, he shall, at the time the order is taken, provide the buyer with a written statement containing the terms of the agreement; the amount paid in advance, whether full, partial or no advance payment is made; the name, address and telephone number of the seller; and the delivery or performance date and whether a guarantee or warranty is provided and, if so, the terms thereof.
(8) 
Regulation of transient merchants. The provisions of Subsection (7)(b)2 and 3 above shall apply to transient merchants.
(9) 
Direct sellers parking regulations. No direct seller shall park his vehicle for the purpose of making sales on any state or federal highway. Parking is permitted on private property with the permission of the owner, in the municipal parking lot between 5th and 7th Streets, and in the municipal parking lot between 8th and 10th Streets. Direct sellers, including farmers and truck gardeners selling their own produce, shall remove their sale facility at the end of each day's activity, said day's activity to run from the hours of 6:00 a.m. to 7:30 p.m.
(10) 
Records of violations. The Chief of Police shall report to the City Clerk all convictions for violations of this section, and the Clerk shall note any such violation on the record of the registrant convicted. The Clerk shall note any complaint or report of an alleged violation made by a resident of this City or a police officer.
(11) 
Revocation of license.
(a) 
The registrant's license may be revoked by the Council after notice and hearing if the registrant made any material omission or materially inaccurate statement in the application for registration, made any fraudulent, false, deceptive or misleading statement or representation in the course of engaging in direct sales or solicitation, violated any provision of this section or was convicted of any crime or ordinance or statutory violation which is directly related to the registrant's fitness to engage in direct selling or solicitations.
(b) 
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 the hearing and a statement of the acts or omissions upon which the hearing will be based.

§ 12.07 Junk dealers.

(1) 
License required. No person shall engage in the business of buying, selling, gathering, delivering or storing old iron, brass, copper or other base metals, paper, rags or glass, any recyclable material unless no value is given therefor, and all articles and things discarded as manufactured articles commonly referred to as "junk," without first obtaining a license from the Council.
(2) 
Exception. No license shall be required for the storage of wrecked motor vehicles stored within service garages and filling stations or on any service garage or filling station site.
(3) 
Application. Applications for such licenses shall be made on forms supplied by the City Clerk and filed with the Clerk.
(4) 
License fee. The license fee shall be $25 per year. The license year shall commence on July 1 of each year.
(5) 
Referral to Council. The application shall be referred to the Council, which may grant, grant with conditions, or deny the license.
(6) 
Restrictions applicable to junk dealers.
(a) 
No junk shall be displayed or stored outside the fenced area of the premises.
(b) 
No licensee hereunder shall conduct his business or any operation pertaining to such occupation on Sundays.
(c) 
No licensee shall conduct his business in such manner as to disturb unduly the peace and quiet of the neighborhood. The premises shall at all times be kept in a clean and wholesome condition and in full compliance with this section and in accordance with the reasonable rules, regulations and directions of the Council.
(d) 
Effective means for the elimination of the rodents and vermin commonly infesting junkyards shall be administered by all licensees hereunder.
(e) 
Every junk dealer shall keep a record of all copper, brass, guns, watches and other valuable materials purchased, with the name and address of the person from whom purchased, the kind and quantity purchased, the serial number of the item purchased, and the date of the transaction. Such record shall be entered in a book which shall be open to inspection by police officers at any time.
(f) 
No junk shall be purchased from any person under 16 years of age without the written consent of the parent or guardian of such person.
(7) 
Revocation and suspension of license.
(a) 
Upon complaint being made in writing by any official of the City to the Council that any licensee hereunder has violated any of the provisions of this section, the Council shall cause a summons and complaint to be served upon the licensee to appear before it at the time specified in the summons, which shall be not less than 10 days after the date of the service thereof, to show cause why his license shall not be revoked or suspended. The Council shall thereupon proceed to hear the matter and, if it finds that the allegations of such complaint are true, may revoke or suspend the license of such person. The provisions hereunder shall not be effective unless the licensee has received a copy of the complaint from the Building Inspector, and such licensee has been given a reasonable time to correct the condition complained of or to otherwise satisfy such complaint.
(b) 
Whenever a license is revoked, the licensee shall have a period of 45 days from the date of such revocation to liquidate his business, during which time he shall be required to comply with all the terms and conditions of this section.

§ 12.08 Mobile homes and mobile home parks.

(1) 
State statutes adopted by reference. The provisions of § 66.0435, Wis. Stats., and the definitions therein are hereby adopted by reference.
(2) 
Parking outside licensed mobile home parks.
(a) 
Restricted. No occupied mobile home shall be permitted to be located in the City unless the same is in a licensed mobile home park, except those mobile homes occupied outside of a mobile home park on the effective date of this section.
(b) 
Exceptions.
1. 
Subsection (2)(a) above is not intended to restrict the location of one- and two-family manufactured homes which meet the applicable one- and two-family standards set forth in Ch. 101, Wis. Stats., and the requirements of Chapter 17 of this Code.
2. 
Notwithstanding other provisions of this subsection, the Council may, upon application, issue a special permit for the location of a mobile home outside a mobile home park for temporary use solely as a field office, and such permit shall specifically state the expiration date thereof, which shall not exceed 12 months.
(3) 
Park license required. No person shall establish or operate upon property owned or controlled by him within the City a mobile home park without having first secured a license therefor from the Council. Application for such license shall be made on forms provided by the City Clerk and accompanied by a fee of $2 for each space in the existing or proposed park, but not less than $25. Such parks shall comply with Ch. SPS 326, Wis. Adm. Code, which is hereby adopted by reference. The license transfer fee is $10.
(4) 
Additions to parks. Licensees of mobile home parks shall furnish information to the City Clerk and Assessor on such homes added to their parks within five days after their arrival on forms furnished by the Clerk. Failure to comply with this subsection shall be subject to a forfeiture of not more than $25. Each failure to report is a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(5) 
Parking permit fees. There is imposed on each mobile home located in the City a parking permit fee, such amount to be determined in accordance with § 66.0435, Wis. Stats. The fees shall be paid to the City Clerk on or before the 10th day of the month following the month for which they are due. It shall be the full and complete responsibility of the licensee of a mobile home park to collect such fees from each mobile home therein and to remit such fees to the Clerk. Failure to do so is to be treated like a default in payment of personal property taxes and subject to all procedures and penalties applicable under Chs. 70 and 74, Wis. Stats.
(6) 
Payment of fees for homes outside parks. Occupants of mobile homes parked outside of a mobile home park shall remit monthly parking permit fees directly to the City Clerk, as provided in Subsection (5) above.
(7) 
Mobile home park requirements. See Chapter 17 of this Code.

§ 12.09 Animal licensing and restrictions.

(1) 
Dog license required. It shall be unlawful for any person in the City to own, harbor or keep any dog more than five months of age without complying with the provisions of this section and §§ 174.05 through 174.10, Wis. Stats., relating to the listing, licensing and tagging of same.
(2) 
License fees. The license fee for a dog shall be as follows:
[Amended by Ord. No. 442]
(a) 
Unneutered male dog: $8.
(b) 
Unspayed female dog: $8.
(c) 
Neutered male dog: $3.
(d) 
Spayed female dog: $3.
(3) 
Late fees. The City Treasurer shall assess and collect a late fee of $5 from every owner of a dog five months of age or older if the owner failed to obtain a license prior to April 1 of each year or within 30 days of acquiring ownership of a licensable dog, or if the owner failed to obtain a license before the dog reached licensable age.
(4) 
Kennel license option. The owners of kennels may opt to pay a kennel license fee of $30 for a kennel of 12 dogs or fewer, plus $3 for each dog in excess of 12, in lieu of the fees provided in Subsection (2) above, and the City Clerk shall issue tags for each dog owned by the kennel owners. No kennel may be located in a residential district.
(5) 
Rabies vaccination required. It shall be unlawful for any person to keep a dog in the City which is over five months of age and has not received a rabies vaccination as required by § 95.21(2), Wis. Stats. No dog license shall be issued until a certificate of rabies vaccination issued by a veterinarian has been presented. A rabies vaccination tag shall be attached to the collar of all licensed dogs at all times, except as provided in § 95.21(2)(f), Wis. Stats.
(6) 
Definitions. In this section, unless the context or subject matter otherwise requires, the terms used shall be defined as follows:
AT LARGE
A dog or cat which is off the premises of the owner and not under the control of some person either by leash or otherwise, but an animal within an automobile of any other person with the consent of the animal's owner shall be deemed to be upon the owner's premises.
KENNEL
Any establishment wherein dogs are kept for the purpose of breeding, sale or sporting purposes.
OWNER
Any person owning, harboring or keeping a dog or cat and the occupant of any premises on which the dog or cat remains or to which it customarily returns daily for a period of 10 days is presumed to be harboring or keeping the dog or cat within the meaning of this section.
(7) 
Restrictions on keeping of dogs. It shall be unlawful for any person within the City to own, harbor or keep any dog which:
(a) 
Habitually pursues vehicles upon any street, alley or highway.
(b) 
Molests passersby or assaults or attacks any person without provocation.
(c) 
Is at large within the limits of the City.
(d) 
Habitually barks or howls to the annoyance of any person or persons. This subsection shall not apply to hospitals conducted for the treatment of small animals or to the premises occupied or used by the City Pound.
(e) 
Kills, wounds or worries any domestic animal.
(8) 
Dogs and cats running at large and untagged dogs.
(a) 
Dogs and cats running at large. A dog or cat is considered to be running at large if it is off the premises of its owner and not under the control of the owner or some other person, as defined in Subsection (6) above.
(b) 
Untagged dogs. A dog is considered to be untagged if a valid license tag is not attached to a collar which is kept on the dog whenever the dog is outdoors, unless the dog is securely confined in a fenced area.
(c) 
Dogs and cats subject to impoundment. Police officers shall attempt to capture and restrain any dog or cat running at large and any untagged dog.
(d) 
Penalties. If the owner of a dog or cat, negligently or otherwise, permits the dog or cat to run at large, or permits a dog to be untagged, the owner shall be subject to a penalty as provided in § 25.04 of this Code.
[Amended by Ord. No. 533]
(9) 
Duty to report animal bite. Every person, including the owner or person harboring or keeping a dog, cat or other animal, who knows that such animal has bitten any person shall immediately report such fact to the Police Department.
(10) 
Quarantine or sacrifice of animals suspected of biting a person or being infected with rabies.
(a) 
Quarantine or sacrifice of animal. A police officer may order a dog, cat or other animal quarantined if he has reason to believe that the animal bit a person, is infected with rabies or has been in contact with a rabid animal. If a quarantine cannot be imposed because the animal cannot be captured, the officer may kill the animal. The officer may kill an animal only as a last resort or if the owner agrees. The officer shall attempt to kill the animal in a humane manner and in a manner which avoids damage to the animal's head.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(b) 
Quarantine order. If a quarantine is ordered, the owner of the dog or cat shall be subject to the provisions of § 95.21(5), (6) and (8), Wis. Stats.
(11) 
Setting animals at large prohibited. No person shall open any door or gate of any private premises for the purpose of setting any dog, cat or other animal at large, except the owner of such animal.
(12) 
Impounding and disposition of dogs and cats. A police officer or other person restraining a dog or cat running at large shall notify the Southern Wood County Humane Society. The owner of the impounded dog or cat may reclaim such animal at said pound upon payment of the fee established by said Society. Such animals not reclaimed within seven days may be disposed of as provided by law.
(13) 
Number of dogs and cats per household limited. No person, except a kennel licensee, shall own, harbor or keep more than four dogs or four cats, or a combination totaling four of such animals, that are more than five months of age. If a total of more than four of such animals are owned, harbored or kept in or by any one household, the head of the household shall be deemed the person so owning, harboring or keeping such animals, notwithstanding that the dog license or licenses may be issued to other members of the household as owners of such dogs, or that other members of the household claim ownership of such cats.
(14) 
Penalties. In addition to other penalties provided in this section, the following penalties are imposed:
(a) 
Failure to obtain rabies vaccination. A dog owner who fails to have a dog vaccinated against rabies, as provided in this section, shall, upon conviction, forfeit not less than $50 nor more than $100.
(b) 
Refusal to comply with quarantine order. An owner of a dog, cat or other animal who refuses to comply with an order issued under this section to deliver the animal to a police officer, the pound designated by the Council, or veterinarian, or who does not comply with the conditions of an order that the animal be quarantined, shall, upon conviction, forfeit not less than $100 nor more than $1,000.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).

§ 12.10 Bicycle licenses.

See Chapter 7 of this Code.

§ 12.11 Alarm systems.

[Added by Ord. No. 453]
(1) 
Permit required. All persons or entities intending to install or maintain an alarm system shall first obtain a permit from the Police Department. An alarm permit application shall be submitted for approval, after which a permit shall be granted by the Police Department upon payment of the appropriate fee as set forth in Subsection (3) below. The application shall explain what type of alarm will be utilized, along with a description of how the alarm works. Any alarm user whose signal is ultimately reported to the Police Department or the Fire Department must have a permit. If an alarm user does not have a permit, he shall be held in violation of this section. If at any time the alarm user does not comply with the regulations set forth in this section, the alarm permit may be revoked by the Chief of Police or his designee.
[Amended by Ord. No. 502]
(2) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALARM SYSTEM
An assembly of equipment and devices or a single device, such as a solid state unit which plugs directly into a one-hundred-ten-volt AC line or otherwise receives electrical energy, arranged to signal the presence of a hazard requiring urgent attention and to which the Police or Fire Department is expected to respond.[1]
ALARM USER
Any business or citizen in the City that installs or maintains an alarm system. A person is considered an alarm user when the Police Department or the Fire Department receives notification of the alarm signal coming from his property. How the signal is reported to the Police Department or the Fire Department does not determine whether or not the person is an alarm user.
[Amended by Ord. No. 502]
FALSE ALARM
A signal from an alarm system resulting in a response by the Police Department or the Fire Department when an emergency situation does not exist, which could be caused by intentional means, employee error in regulation of the alarm or equipment malfunction. An alarm will not be counted as a false alarm if it was due to a power outage or power interruption.
[Amended by Ord. No. 502]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(3) 
Permit fees.
(a) 
Signal received through an outside alarm service: $10.
(b) 
On-premises alarm: $10.
(4) 
Alarm testing. It is the responsibility of the alarm user and/or central answering station to notify the Wood County Sheriff's Department of intention to test an alarm system. In the event of an alarm test and no prior notification of testing exists, the alarm test shall be considered a false alarm.
(5) 
Penalties.
(a) 
Utilizing an alarm without a permit within a twelve-month period:
1. 
First violation: a written warning.
2. 
All subsequent violations: a forfeiture of $100, plus costs.
(b) 
False alarm schedule. False alarms shall be recorded on the county computer. Statistics shall be available to the officer assigned to respond to an alarm. If the officer determines that the user has exceeded the permitted number of false alarms within a twelve-month period, a citation shall be issued using the following schedule based on the number of violations occurring within the past twelve-month period from the alarm in question:
[Amended by Ord. No. 502]
1. 
First and second violations: a written warning to the alarm user.
2. 
Third violation: $10, plus costs.
3. 
Fourth violation: $25, plus costs.
4. 
Fifth and subsequent violations: $50, plus costs.

§ 12.15 Violations and penalties.

Except as otherwise specifically provided in this chapter, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 25.04 of this Code.