[HISTORY: Adopted by the Common Council of the City of Nekoosa 2-9-1988 by Ord. No.
423. Amendments noted where applicable.]
(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.
[Amended 7-10-2012 by Ord. No. 566]
(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.
(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)
LEGAL DRINKING AGE
UNDERAGE PERSON
Definitions. As used in this section, the following definitions apply:
Twenty-one years of age, but also includes persons who have
attained the age of 19 on or before August 31, 1986.
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]
(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.
(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]]
(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.
(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)
(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]
(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]
(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)
No license shall be granted for operation on any premises upon
which real estate taxes, personal property taxes, or assessments,
or other financial claims of the City are delinquent and unpaid.
[Amended 7-14-2020 by Ord. No. 605]
(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.
(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:
(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)
LICENSED ESTABLISHMENT
LICENSEE
Definitions. For purposes of this subsection, the following
definitions apply:
Any establishment licensed by the City to sell alcohol beverages
pursuant to Ch. 125, Wis. Stats.
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]
(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)
ALCOHOL
ALCOHOLIC BEVERAGE
EVENT OR GATHERING
HOST or ALLOW
IN CONTROL
PARENT
POSSESSION
PRESENT
RESIDENCE, PREMISES or PUBLIC OR PRIVATE PROPERTY
UNDERAGE PERSON
Definitions. For purpose of this subsection, the following terms
have the following meanings:
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.
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.
Any group of three or more underage persons who have assembled
or gathered for a social occasion or other activity.
To organize, supervise, control, or permit a gathering whether
present or not, which is prohibited under Subsection (16)(b).
The power to direct, manage, oversee and/or restrict the
affairs, business or assets of a person or entity.
Any person having legal custody of a juvenile:
The fact of having or holding property in one's power; the
exercise of dominion over property.
Being at hand or in attendance.
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.
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.
(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]
[Amended 7-24-2018 by Ord. No. 596]
(1)
SPECIAL EVENT
(a)
1.
2.
3.
4.
5.
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any activity that uses public streets, rights-of-way, parking
lots, sidewalks, City parks or may require increased levels of City
services. This includes, but is not limited to, parties, fairs, festivals,
sporting events, run/walk/bike-a-thons, races, markets, outdoor merchandise
sale, motor vehicle shows, parades, parade of homes, exhibitions,
auctions, dances, motion picture filming, and other similar events.
Exceptions:
Funerals and funeral processions.
Students going to and from school or participating in educational
activities or school sporting events provided such activity is under
immediate direction and supervision of the proper school authority.
Events sponsored by the City or a City agency.
Event in a City park with under 50 people attending. Note: A
park facility rental may be required.
Events held at the Community Center. Note: Community Center
rental fees may be required.
(2)
Application and permit procedures.
(a)
No person may hold a special event on the public right-of-way
or public premises without obtaining a special event permit. Applications
and copies of this ordinance are available from the City Clerk. All
applications must be submitted 45 working days prior to the event.
(b)
Completed applications shall be filed with the City Clerk, who
will forward a copy to the Nekoosa Police Department, Nekoosa Fire
Department and the Department of Public Works. The Nekoosa Police
and Fire Chief or their designee will determine the amount of hours
of service the event will need and will make recommendations regarding
approval, denial, or modification. The Department of Public Works
Director determines compliance with the Zoning Code and the amount
of equipment and possible labor costs and will make recommendations
regarding approval, denial or modification. Upon approval by the Police,
Fire and Public Works Departments, the application will be submitted
to the Property, Recreation and Human Affairs Committee and Common
Council for approval. Upon payment of the permit fee and the filing
or completion of all additional requirements, the City Clerk shall
issue a special events permit.
1.
Mapped routes. All permit applications for special events, including
foot or bicycle races, runs, rides, walks, or parades, shall include
a detailed map of the proposed route. Routes for annual events must
be submitted with the application regardless of whether previously
submitted. Recommendations for alteration of routes may be made by
the Police Department or Public Works Department. In the event that
the organizers or sponsors of any special event deviate from the route
submitted without approval from the City, the organizers or sponsors
of such special events may be denied a permit for the following calendar
year.
2.
Appeal of permit denials. Any applicant who has been denied
a special event permit or has had an application modified may, upon
written request to the City Clerk, have the denial or modification
reviewed by the Common Council which shall either affirm, reverse,
or modify the initial action on the application. Such determination
by the Council shall constitute final action.
3.
Fees. The applicant for the special event shall pay an administrative
review fee of $50 within five working days of the approval by the
Common Council. The service fees set forth on the application shall
include salary and benefits for City employees and necessary equipment.
The applicant shall be responsible for reimbursement to the City for
any City personnel, services, equipment, inspections and facilities
provided for the special event. An invoice shall be sent to the applicant
within 15 days following the event. Payment is due within 30 days
of invoice. The City reserves the right to require full or partial
payment of estimated costs in advance. The permit fees may be waived
by the Common Council for events occurring solely within the City
which are conducted by charitable nonprofit organizations or are of
a civic nature.
4.
Refunds. Permit fee payments may be refunded at the discretion
of City officials if notification of cancellation of a permitted special
event by the applicant is received by the City Clerk at least 10 working
days prior to the scheduled event.
5.
Waivers. The Property, Recreation and Human Affairs Committee
reserves the exclusive right to modify, amend, or waive these requirements
on a case-by-case basis, subject to written request from the permit
holder, and hearing before the Committee.
(3)
Permit conditions.
(a)
City not liable. The special event permit application shall
contain the statement: "The applicant agrees to indemnify and save
the City harmless from and against all liabilities, claims, demands,
judgments, losses, and all suits of law or in equity, costs, and expenses,
including reasonable attorney fees, for injury or death of any person,
or damage to any property arising from the holding of such special
event". No permit may be issued unless the applicant has agreed to
the terms of this statement on the written application.
(b)
Insurance.
1.
Each applicant of a special event involving fireworks, or includes
alcohol, or has more than 150 people per day, or involves road closure
or is held on City property, shall furnish the City Clerk with a certificate
of insurance written by a company licensed in the State of Wisconsin,
approved by the City Clerk, and covering any and all liability or
obligations which may result from the operations by the applicant,
the applicant's employees, agents, contractors, or subcontractors,
and including worker's compensation coverage in accordance with Chapter
101, Wis. Stats. This certificate shall provide that the company will
furnish the City a ten-day written notice of cancellation, nonrenewal,
or material change thereof. This insurance shall be written in comprehensive
form and shall protect the applicant and City against all claims arising
out of any act or omission of the applicant, its employees, agents,
contractors, or subcontractors.
2.
The policy of insurance shall provide minimum combined single
limits for bodily injury and property damage of $1,000,000 or such
other insurance limits as deemed adequate by the City Clerk.
3.
The certificate of insurance must be submitted to the City Clerk
within 10 days of the approval of the permit by the Common Council.
(c)
City services. All requests by applicants for City services
must be made at time of application. Requests for use of a hydrant
meter shall be processed separately through the Department of Public
Works.
(d)
Cleanup. It will be the responsibility of the applicant to remove
any signs they have posted and remove all equipment, materials, and
debris left as a result of the event. This must be done within four
hours of the termination of the event. The applicant will be responsible
for reimbursing the City for cleanup costs if this section is not
adhered to.
(e)
Noise. Amplified music, public address systems, loudspeakers, or other amplification devices must end by 11:00 p.m. on Fridays and Saturdays, and by 10:00 p.m. all other nights. [Note: The City reserves the right to shut down or limit the amplified music pursuant to City of Nekoosa Code § 9.06(2) (Noise restrictions].
(f)
Sufficient staffing and security. The special event sponsor
shall provide sufficient staffing to provide assistance with crowd
control, parking, sanitation, and medical services. A determination
as to these needs will be made by the departments as part of the review
process. If alcohol is served, one police officer will be required
for every 300 people anticipated. If no alcohol is served, one police
officer will be required for every 1,000 people anticipated.
(g)
Event coordinator. The special event sponsor shall have at least
one representative on site during the event at all times, as identified
on the permit application. Depending on the size and activities of
the event, the City may require a meeting with City staff prior to
the event occurring.
(h)
Site requirements.
1.
All tents must be installed under the International Fire Code
Chapter 24 or the National Fire Protection Association 1.
2.
Wiring shall be installed by a licensed electrician. All persons
requiring electricity at a special event shall follow NEC and SPS
Ch. 316, Wis. Admin. Code.
3.
Attendees and staffing shall not exceed the maximum number which
can reasonably attend at the location of the special event, in consideration
of the nature of the special event.
4.
Responsibility for arranging any inspections required to meet
these standards or any other requirements prior to the special event
is the sponsor's. Any fees for such inspections shall be paid by the
special event sponsor.
(i)
Notification. The City may require that the permit holder give
written notice 15 days in advance of the City Council meeting where
action is scheduled to be taken regarding the proposed event to any
property owners or tenants as determined during the City departments'
review. Notice shall, at a minimum, include the type of event, name
of the special event sponsor(s), date, time and location, event coordinator's
name and contact information during the event.
(4)
Limitation or termination of special event. The City may limit the
size of or terminate a special event if it is deemed to be a public
safety hazard or public nuisance by police services or the fire department,
or there is a violation of City ordinances, state statutes or the
terms of the applicant's permit. The City may limit or shut down any
amplified music at an event if complaints are received by the Police
Department from neighboring citizens. The City Clerk or designee may
revoke an approved special event permit if the applicant fails to
comply with the provisions of the permit prior to the event date.
(5)
Denial of permit.
(a)
Reasons for denial of a special event permit include, but are
not limited to:
1.
The event will disrupt traffic within the City beyond practical
solution.
2.
The event will create a likelihood of endangering the public.
3.
The event will interfere with access to emergency services.
4.
The location or time of the special event will cause undue hardship
or excessive noise levels to adjacent businesses or residents.
5.
The event will require the diversion of City resources(s) that
would unreasonably affect the maintenance of regular City service
levels.
6.
The application contains incomplete or false information.
7.
The applicant fails to provide proof of insurance.
8.
Inadequate provision for garbage or debris removal.
9.
Inadequate provision of temporary restroom facilities.
10.
Inadequate provisions for parking.
11.
Denial of a permit by the Park and Recreation Department.
12.
Applicant fails to submit the required fees and/or deposits.
13.
The event will create a likelihood of damaging property.
(6)
Time deadlines. Time deadlines may be waived at the discretion of
the City Council upon the recommendation of the department heads.
(7)
No discrimination. The special event permit application shall contain
a statement: "The applicant agrees that during the use of the public
area the sponsoring organization will not exclude any person from
participation in, deny anyone the benefits of, or otherwise subject
anyone to discrimination because of race, color, national origin,
handicap, or sexual orientation." No permit may be issued unless the
applicant has agreed to the terms of this statement on the written
application.
(8)
Obstruction of ordinance.
(a)
It shall be unlawful for any person to willfully obstruct, hinder,
ignore or delay the enforcement of any order, rule, regulation or
plan issued pursuant to this chapter, or to do any act forbidden by
any order, rule regulation or plan issued pursuant to the authority
contained in this section.
(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.
(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)
APPLICANT
CHARITABLE ORGANIZATION
DIRECT SELLER
GOODS
PERMANENT MERCHANT
REGISTRANT
SOLICITOR
TRANSIENT MERCHANT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Each individual applying for registration and licensing as
a direct seller, transient merchant or solicitor.
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.
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.
Personal property of any kind and includes goods provided
incidental to services offered or sold.
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.
Each individual registered by the City Clerk.
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.
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:
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.
(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.
(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]
(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.
(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.
(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)
AT LARGE
KENNEL
OWNER
Definitions. In this section, unless the context or subject matter
otherwise requires, the terms used shall be defined as follows:
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.
Any establishment wherein dogs are kept for the purpose of
breeding, sale or sporting purposes.
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.
(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]
(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]
See Chapter 7 of this Code.
[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)
ALARM SYSTEM
ALARM USER
FALSE ALARM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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]
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]
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]
(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.
(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]
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.
