[HISTORY: Adopted by the Town Board of the Town of Fulton 9-12-1996
as Ch. 7, §§ 1, 2 and 3a and b of the 1996 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 170.
Mass public assemblies — See Ch. 177.
Building construction — See Ch. 190.
Cable television — See Ch. 196.
Intoxicating liquor and fermented malt beverages — See Ch. 260.
Junkyards — See Ch. 272.
Manufactured homes and mobile homes — See Ch. 294.
Nonmetallic mining — See Ch. 302.
Parks and recreation — See Ch. 329.
Streets and sidewalks — See Ch. 376.
Transient merchants — See Ch. 390.
Travel trailers — See Ch. 394/
The Town Board of the Town of Fulton has the specific statutory authority,
powers and duties, pursuant to the specific statutory sections noted in this
Code and/or by its adoption of village powers under § 60.10, Wis.
Stats., to regulate, control, license, register or permit in the Town of Fulton
persons engaged in certain uses, activities, businesses and operations at
certain locations in the Town of Fulton, to assess these persons with appropriate
fees for the licenses, registrations or permits as noted herein and to enforce,
by revocation or penalty, the provisions of these ordinances and the provisions
of the licenses, registrations and permits.
The Town Board of the Town of Fulton has, by adoption of this chapter,
confirmed the specific statutory authority, powers and duties noted in the
specific sections of this chapter and has established by these sections and
this chapter to regulate and control, by ordinance, persons engaged in certain
uses, activities, businesses and operations in the Town of Fulton, to regulate,
by these licenses, registrations and permits, the persons engaged in these
uses, activities, businesses and operations at certain locations within the
Town of Fulton, to assess these persons with appropriate fees for the licenses,
registrations or permits and to enforce, by revocation or penalty, the provisions
of these ordinances and the provisions of the licenses, registrations and
permits.
[Amended 5-14-1998; 3-11-1999; 10-14-1999; 11-11-1999; 5-11-2000; 6-8-2000; 3-8-2001; 6-12-2003; 11-13-2003; 1-24-2005; 12-14-2006[1]]
Fees for licenses, registrations and permits are established by the Town Board and set forth in the schedule on file in the office of the Town Clerk/Treasurer, as may be amended from time to time. The forfeitures to be paid by any person to the Town of Fulton for violations of Town ordinances, including violations of license, registration and permit conditions, are as provided in Chapter 1, § 1-4 and Chapter 20, Citations, of this Code.
A.
No person shall engage in or allow on land owned, used
or leased by that person in the Town of Fulton any particular use, activity,
business or operation until that person has obtained the required license,
registration or permit as established by the Town of Fulton in this Code.
B.
The application for the license, registration or permit
shall be in writing to the Town of Fulton. The application shall be filed
with the Town Clerk/Treasurer of the Town of Fulton. The Town Clerk/Treasurer
of the Town of Fulton shall prepare and shall then forward, when available
and when approved by the Town Board of the Town of Fulton, the appropriate
written application form to the applicant. The application form for licenses,
registrations or permits from the Town of Fulton shall contain the appropriate
requests for relevant information as may be required by state statute, as
required by any Town of Fulton ordinance or as otherwise required by order
of the Town Board of the Town of Fulton. The Town Clerk/Treasurer of the Town
of Fulton shall cooperate fully with the Town Board of the Town of Fulton
in the preparation of the application forms. The Town Board of the Town of
Fulton shall approve the form and content of the application form. All application
fees are to be paid to the Town Clerk/Treasurer of the Town of Fulton upon
submittal of the completed application form by the applicant or the agent
of the applicant.
C.
The application shall, at minimum, contain:
(1)
The name, address and business telephone number of the
applicant, if available. In addition, if a partnership, the name, address
and business telephone number of every partner shall be provided. If a corporation,
the name, address and business telephone number of every officer of the corporation
shall be provided.
(2)
The age and state or national residence of the applicant.
In addition, if a partnership, the age and state or national residence of
every partner shall be provided. If a corporation, the age and state or national
residence of every officer of the corporation shall be provided.
(3)
If a corporation, the state of incorporation. If not
the State of Wisconsin, proof of authorization from the State of Wisconsin
to do business in the State of Wisconsin shall be provided.
(4)
If a corporation, the name, address and business telephone
number of registered corporate agent.
D.
The application shall be subscribed and sworn by the
applicant, if a natural person, by a general partner if a partnership, or
by a principal officer if a corporation.
E.
All application fees are to be made payable to the Town
Clerk/Treasurer of the Town of Fulton. The application for license, registration
or permit, when submitted to the Town/Treasurer Clerk of the Town of Fulton
by the applicant, shall contain the appropriate fee amount attached. If the
license, registration or permit is issued, a receipt for payment of the license,
registration or permit fee shall be issued by the Town Clerk/Treasurer of
the Town of Fulton. If the license, registration or permit is not issued,
then the fee amount shall be returned with the written denial letter by the
Town Clerk/Treasurer of the Town of Fulton. No refunds, unless expressly noted
in any Town of Fulton ordinance or by order of the Town Board of the Town
of Fulton, shall be made by the Town Clerk/Treasurer of the Town of Fulton
unless the license, registration or permit is denied by the Town Board of
the Town of Fulton.
F.
Issuance contingent upon payment of due bills; hearings
prior to nonrenewal.
[Added 9-9-1999; amended 12-11-2007]
(1)
No person shall be issued or reissued a license, registration
or permit in the Town of Fulton until all delinquent Town taxes, assessments
and forfeitures from Town ordinance violations and all due bills of Fulton
Sanitary District No. 2, all due bills of the Town of Fulton water utility,
and all due bills of Consolidated Koshkonong Sanitary District pertaining
to property located within the Town of Fulton are paid to the Town Clerk/Treasurer
or to the appropriate body.
(2)
The Town Board of the Town of Fulton shall provide the licensee,
registrant or permittee a hearing prior to nonrenewal of the license, permit
or registration. The notice to the licensee, registrant or permittee on nonissuance
or nonrenewal shall be in writing prior to the hearing and shall state the
reasons for the intended action by the Town Board. The Town Board of the Town
of Fulton shall be capable of suspending a permit, registration or license
up to three days without hearing in any calendar year unless in an emergency
declared by the Town Board wherein the Town Board may declare a suspension
for up to 10 days in any calendar year without a hearing.
G.
Unless expressly provided herein by this chapter, by
other Town of Fulton ordinance provisions or as specifically noted below,
all licenses, registrations and permits shall be issued by the Town Clerk/Treasurer
of the Town of Fulton upon approval by the Town Board of the Town of Fulton.
H.
The following specific licenses, registrations and permits
may be issued by the Town Clerk/Treasurer of the Town of Fulton without formal
Town Board approval if the application is completed and submitted to the Town
Clerk/Treasurer of the Town of Fulton, the Town Board does not desire to formally
approve or deny the license, registration or permit and if the proper application
fee amount is attached:
I.
Unless expressly provided herein or by other Town of
Fulton ordinance provisions, all licenses, registrations and permits shall
be issued to commence on July 1 and expire on the next June 30 in the fiscal
year of issuance or upon the date specifically noted in the license, registration
or permit, and in either case the license, registration or permit expires
after 12:00 midnight on the last effective date.
J.
The license, registration or permit shall be issued to
the applicant by the Town Clerk/Treasurer of the Town of Fulton. If the license,
registration or permit is for a particular premises, a particular use, a particular
activity, a particular business or a particular operation, the particular
use, activity, business or operation shall be clearly described in the license,
registration or permit. No license, registration or permit is transferable,
unless specifically provided herein or by other Town of Fulton ordinance provisions,
to another person without consent of the Town Board of the Town of Fulton.
If specific conditions are established in the license, registration or permit
by the Town Board of the Town of Fulton, those conditions shall be expressly
noted in writing on the license, registration or permit and shall be accepted
by the applicant by signature prior to issuance by the Town Clerk/Treasurer
of the Town of Fulton of the license, registration or permit and prior to
approval by the Town Board of the Town of Fulton.
K.
The Town Clerk/Treasurer of the Town of Fulton shall
keep a record of the licenses, registrations and permits issued by him or
her and the amount of the fees collected for each license, registration or
permit.
L.
The license, registration or permit shall contain the
date of issuance and the date of expiration. The license, registration or
permit must be exhibited for public view in a conspicuous location by the
applicant on the premises or in the vehicle, wherever the licensed, registered
or permitted use, activity, business or operation will occur.
M.
If the Town Clerk/Treasurer of the Town of Fulton is
unavailable due to resignation, temporary disability or other cause, the Town
Board Chair is hereby authorized to issue any and all licenses, registrations
and permits on behalf of the Town of Fulton as previously authorized by the
Town Board or as otherwise authorized by the provisions of this chapter.
[Added 6-19-2006; amended 11-9-2006]
As used in this chapter, the following terms shall have the meaning
indicated:
Taxes overdue and unpaid to the proper municipality
A resident of the United States of America.
