Chapter 1 Licensing of Dogs and Regulation of
Animals
Chapter 2 Fermented Malt Beverages and Intoxicating
Liquor
Chapter
3 Cigarette License/Restrictions on
Chapter
4 Regulation of Transient Merchants,
Permanent Merchants and Charitable Organizations
Chapter
5
Chapter
6 Coin-Operated Machines
Chapter
7 Licensing the
Chapter
8 Regulation and Licensing of
Fireworks
Chapter
9 Street Use Permits
Chapter
10 Dealers in Coins, Valuable Metals and
Precious or Semi-Precious Stones
Chapter
11 Auctions
Chapter
12 Regulation of Nonmetallic Mining
Chapter
13 Junk Yards and Dealers in Motor
Vehicles and Parts
Chapter
14 Processions, Parades, Runs, Walks,
Bicycle Races and Marathons
Chapter
15 Miscellaneous Business Licenses
Chapter
16 Licensees to Pay Local Claims;
Appellate Procedures
Chapter
17 Schedule of License Fees
Chapter
18 Schedule of Assessment Fees
Chapter
19 Rummage Sales
Chapter 20 Employee Benefits For Private
Business
7.1.1 Dog
Licenses Required; Definitions
7.1.2 Rabies
Vaccination Required for License
7.1.3 Issuance
of Dog and Kennel Licenses
7.1.4 Late
Fees
7.1.5 Rabies
Quarantine
7.1.6 Restrictions
on Keeping of Dogs, Cats, Fowl and Other Animals
7.1.7 Impoundment
of Animals
7.1.8 Dogs
and Cats Restricted on Cemeteries
7.1.9 Duty
of Owner in Cases of Dog or Cat Bite
7.1.10 Animal
Feces
7.1.11 Injury to Property by Animals
7.1.12 Barking
Dogs or Crying Cats
7.1.13 Prohibited
and Protected Animals, Fowl, Reptiles and Insects
7.1.14
7.1.15 Providing Proper
Food and Drink to Confined Animals
7.1.16 Providing
Proper Shelter
7.1.17 Neglected
or Abandoned Animals
7.1.18 Cruelty
to Animals and Birds Prohibited
7.1.19 Trapping
of Animals
7.1.20 Dognapping
and Catnapping
7.1.21 Vehicle
Accidents
7.1.22 Limitation
on Number of Dogs and Cats
7.1.23 Removal
of Dead Animals
7.1.24 Animals,
Other Than Dogs, Kept as Pets Regulated
7.1.25 Keeping
of Domestic Animals and Fowls
7.1.26 Penalties
(a)
License Required.
It shall be unlawful for any person in the City of
(b)
Definitions.
In this Chapter, unless the context or subject matter otherwise require:
(1)
"Owner"
shall mean any person owning, harboring or keeping a dog or cat and the
occupant of any premises on which a dog or cat remains or to which it
customarily returns daily for a period of ten (10) days; such person is
presumed to be harboring or keeping the dog or cat within the meaning of this
Section.
(2)
“At
large" means to be off the premises of the owner and not under the control
of some person either by leash or voice control, but a dog or cat within an
auto- mobile of its owner, or in an automobile of any other person with the
consent of the owner of said dog or cat, shall be deemed to be upon the owner's
premises.
(3)
"Dog"
shall mean any canine, regardless of age or sex.
(4)
"Cat"
shall mean any feline, regardless of age or sex.
(5)
"Neutered"
as used herein as describing a dog or cat shall mean a dog or cat having
nonfunctional reproductive organs.
(6)
"Animal"
means mammals, reptiles and birds.
(7)
"Cruel"
means causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
(8)
"Law
Enforcement Officer" has that meaning as appears in Sec. 967.02(5), Wis.
Stats., and includes a humane officer under Sec. 58.07, Wis. Stats., but does
not include a conservation warden appointed under Sec. 23.10, Wis. Stats.
(9)
"Farm
Animal" means any warm-blooded animal normally raised on farms in the
(10)
"Pet"
means an animal kept and treated as a pet.
State
Law Reference: Sections 174.05
through 174.10,
(a)
Rabies Vaccination-
The owner of a dog shall have the dog vaccinated against rabies by a
veterinarian within thirty (30) days after the dog reaches four (4) months of
age and re-vaccinated within one (1)year after the initial vaccination. If the
owner obtains the dog or brings the dog into the City of Glendale after the dog
has reached four (4) months of age, the owner shall have the dog vaccinated
against rabies within thirty (30) days after the dog is brought into the City
unless the dog has been vaccinated as evidenced by a current certificate of
rabies vaccination. The owner of a dog shall have the dog re-vaccinated against
rabies by .a. veterinarian before the date of that immunization expires as
stated on the certificate of vaccination or, if no date is specified, within
two (2) years after the previous vaccination. The certificate of vaccination
shall meet the requirements of Section 95.21(2), Wis. Stats.
(b)
Issuance of Certificate of Rabies Vaccination. A veterinarian who vaccinates a dog against rabies shall
complete and issue to the owner a certificate of rabies vaccination bearing a
serial number and in the form approved by the City stating the owner's name and
address, the name, sex, spayed or unspayed, neutered or unneutered, breed and
color of the dog, the date of the vaccination, the type of rabies vaccination
administered and the manufacturer's serial number, the date that the
immunization expires as specified for that type of vaccine by the Center for
Disease Control of the U.S. Department of Health and Human Services and the
City.
(c)
Copies of Certificate.
The veterinarian shall keep a copy of each certificate of rabies vaccination in
a file maintained for this purpose until the date that the vaccination expires
or until the dog is re-vaccinated, whichever occurs first.
(d)
Rabies Vaccination
Tag. After issuing the certificate of rabies vaccination, me veterinarian shall
deliver to the owner a rabies vaccination tag of durable material bearing the
same serial number as the certificate, the year the vaccination was given and
the name, address and telephone number of the veterinarian.
(e)
Tag to be Attached.
The owner shall attach the rabies vaccination tag or a substitute tag to a
collar and a collar with the tag attached shall be kept on the dog at all
times, but this requirement does not apply to a dog during competition. The
substitute tag shall be of a durable material and contain the same information
as the rabies vaccination tag. The requirements of this paragraph do not apply
to a dog , which is not required to be vaccinated under Subsection (a).
(f)
Duplicate Tag.
The veterinarian may furnish a new rabies vaccination tag with a new serial
number to an owner in place of the original tag upon presentation of the
certificate of rabies vaccination. The veterinarian shall then indicate the new
tag number on the certificate and keep a record in the file.
(g)
Cost. The owner
shall pay the cost of the rabies vaccination and the cost associated with the
issuance of a certificate of rabies vaccination and the delivery of a rabies vaccination
tag.
(a)
Dog Licenses
(1)
It shall be
unlawful for any person in the City of
(2)
The owner of
any dog or cat more than five (5) months of age on January 1 of any year, or
five (5) months of age within the license year, shall annually, or on or before
the date the dog or cat becomes five (5) months of age, pay a license tax and
obtain a license.
(3)
The minimum
license tax under this Section shall be as prescribed in Section 7-17-1. These
amounts shall be reduced by one-half(1/2) if the animal became five (5) months
of age after July 1 during the license year. The license year shall commence
January 1 and end December 31.
(4)
Upon payment
of the required license tax and upon presentation of evidence that the dog is
currently immunized against rabies, as required by Section 7-1-2 of this
Chapter, the City Treasurer shall complete and issue to the owner a license for
such dog containing all information required by state law. The City Treasurer
shall also deliver to the owner, at the time of issuance of the license, a tag
of durable material bearing the same serial number as the license, the name of
the county in which issued and the license year.
(5)
The owner
shall securely attach the tag to a collar and the collar with the tag attached
shall be kept on the dog for which the license is issued at all times, except
as provided in Section 7-1-2(e).
(6)
The fact that
a dog is without a tag attached to the dog by means of a collar shall be
presumptive evidence that the dog is unlicensed. Any City police or humane
officer shall seize, impound or restrain any dog for which a dog license is
required which is found without such tag attached.
(7)
Notwithstanding
the foregoing, every dog specifically trained to lead blind or deaf persons is
exempt from the dog license tax, and every person owning such a dog shall
receive annually a free dog license from the City Treasurer upon application
therefor.
(b)
Kennel Licenses.
(1)
Any person who
keeps or operates a kennel shall apply for a kennel license for the keeping or
operating of the kennel. Such person
shall pay for the license year a license tax of Three Hundred Dollars ($300.00)
for a kennel of twelve (12) or fewer dogs and an additional Thirty Dollars
($30.00) for each dog in excess of twelve (12).
Upon payment of the required kennel license tax and, if required by the
Common Council, upon presentation of evidence that all dogs over five (5)
months of age are currently immunized against rabies, the City Treasurer shall
issue the kennel license and a number of tags equal to the number of dogs
authorized to be kept in the kennel.
Kennels may only be located in non-residential areas after a conditional
use permit has been issued pursuant to the City Zoning Code.
(2)
The owner or
keeper of a kennel shall keep at all times a kennel license tag attached to the
collar of each dog over five (5) months old kept by the owner or keeper under a
kennel license but this requirement does not apply to a show dog during
competition. These tags may be
transferred from one dog to another within the kennel whenever any dog is
removed from the kennel. The rabies
vaccination tag or substitute tag shall remain attached to the dog for which it
is issued at all times but this requirement does not apply to a show dog during
competition. No dog bearing a kennel tag
shall be permitted to stray or to be taken anywhere outside the limits of the
kennel unless the dog is in leash or temporarily for the purposes of hunting,
breeding, trial, training or competition.
(3)
It shall be
unlawful to establish, operate or maintain a kennel consisting of more than two
(2) dogs at least six (6) months of age within one hundred (100) feet of any
church, school, hospital, sanitarium or building used wholly or partially for
residential purposes in the City.
State
Law Reference: Section 174.053,
The
City Treasurer shall assess and collect a late fee of Ten Dollars ($10.00) from
every owner of a dog five (5) months of age or over if the owner failed to
obtain a license prior to April 1 of each year, or within thirty (30) days of
acquiring ownership of a licensable dog or if the owner failed to obtain a
license on or before the dog reached licensable age. Said late fee shall be
charged in addition to the required license fee.
(a)
Dogs and Cats Confined.
If an aldermanic district or other area is quarantined for rabies, all dogs and
cats within the City shall be kept securely confined, tied, leashed or
muzzled. Any dog or cat not confined,
tied, leashed or muzzled is declared a public nuisance and may be impounded.
All officers shall cooperate in the enforcement of the quarantine. The City
Treasurer shall promptly post in at least three (3) public places in the City
notices of quarantine.
(b)
Exemption of Vaccinated Dog or Cat from City Quarantine. A dog or cat which is immunized currently against rabies,
as evidenced by a valid certificate of rabies vaccination or other evidence, is
exempt from the City quarantine provisions of Subsection (a) if a rabies
vaccination tag or substitute tag is attached to the dog's or cat's collar.
(c)
Quarantine or Sacrifice of an Animal of Biting a Person or
Being Infected or Exposed to Rabies.
(1)
Quarantine or
sacrifice of dog or cat. An officer
shall order a dog or cat quarantined if the office has reason to believe that
the animal bit a person, is infected with rabies or has been in contact with a
rabid animal. a quarantine cannot be imposed because the dog or cat cannot be
captured, the officer may kill the animal at no liability to the City. The
officer shall attempt to kill the animal in a humane manner and in a manner
which avoids damage to the animal's head.
(2)
Sacrifice of
other animals. An officer may
order killed or may kill an animal other than a dog or cat if the officer has
reason to believe that the animal bit a person or is infected with rabies.
(d)
Quarantine of Dog or Cat.
(1)
Delivery to
isolation facility or quarantine on premises of owner. An officer who orders a dog or cat to be quarantined shall
deliver the animal or shall order the animal delivered to an isolation facility
as soon as possible but no later than twenty-four (24) hours after the original
order is issued or the officer may order the animal to be quarantined on the
premises of the owner if the animal is immunized currently against rabies as
evidenced by a valid certificate of rabies vaccination or other evidence.
(2)
Health risk to
humans. If a dog or cat is
ordered to be quarantined because there is reason to believe that the animal
bit a person, the custodian.. of an isolation facility or the owner shall keep
the animal under strict isolation under the supervision of a veterinarian for
at least ten (10) days after the incident occurred. In this paragraph,
"supervision of a veterinarian" includes, at a minimum, examination
of the animal on the first day of isolation, on the last day of isolation and
on one (1) intervening day. If the observation period is not extended and if
the veterinarian certifies that the dog or cat has not exhibited any signs of
rabies, the animal may be released from quarantine at the end of the
observation period.
(3)
Risk to animal
health.
a.
If a dog or
cat is ordered to be quarantined because there is reason to believe that the
animal has been exposed to a rabid animal and if the dog or cat is not
currently immunized against rabies, the custodian of an isolation facility or
the owner shall keep the animal leashed or confined for one hundred eighty
(180) days. The owner shall have the animal vaccinated against rabies between
one hundred fifty-five (155) and one hundred sixty-five (165) days after the
exposure to a rabid animal.
b.
If a dog or
cat is ordered to be quarantined because there is reason to believe that the
animal has been exposed to a rabid dog or cat is immunized against the
custodian of an isolation facility or the owner shall keep the animal leashed
or confined for sixty (60) days. The owner shall have the animal revaccination
against rabies as soon as possible after exposure to a rabid animal.
(4)
Sacrifice of a
dog or cat exhibiting symptoms of rabies.
If a veterinarian determines that a dog or cat exhibit symptoms of rabies
during the original or extended observation period, the veterinarian shall
notify the owner and the authority who ordered the animal quarantined and the
authority or veterinarian shall kill the animal in a humane manner and in a
manner which avoids damage to the animal's head. If the dog or cat is suspected
to have bitten a person, the veterinarian shall notify the person or the
person's physician.
(e)
Delivery of Carcass; Preparation; Examination by laboratory
of Hygiene. An officer who
kills an animal shall deliver the carcass to a veterinarian or local health
department. The veterinarian or local health department shall prepare the
carcass, properly prepare and package the head of the animal in a manner to
minimize deterioration, arrange for delivery by the most expeditious means
feasible of the head of the animal to the State Laboratory of Hygiene and
dispose of or arrange for the disposal of the remainder of the carcass in a
manner which minimizes the risk or exposure to any rabies virus. The Laboratory
of Hygiene shall examine the specimen and determine if the animal was infected
with rabies. The State Laboratory of Hygiene shall notify the City, the
veterinarian or local health department which prepared the carcass and, !f the
animal is suspected to have bitten a person, that person or the person s
physician.
(f)
Cooperation of Veterinarian. Any practicing veterinarian who is requested to be
involved in the rabies control program by an officer is encouraged to cooperate
in a professional capacity with the City, the Laboratory of Hygiene, the local
health department, the officer involved and, if the animal is suspected to have
bitten a person, the person's physician.
(g)
Responsibility for Quarantine and Laboratory Expenses. The owner of an animal is responsible for any expenses
incurred in connection with keeping the animal in an isolation facility,
supervision and examination of the animal by a veterinarian, preparation of the
carcass for laboratory examination and the fee for the laboratory examination.
If the owner is unknown, the county is responsible for these expenses.
(a)
Restrictions.
It shall be unlawful for any person within the City of
(1)
Habitually
pursues any vehicle upon any public street, alley or highway in the City.
(2)
Assaults or
attacks any person as described in Subsection (b) or destroys property.
(3)
Is at large
within the limits of the City.
(4)
Habitually
barks or howls to the annoyance of any person or persons. (See Section 7-1-12.)
(5)
Kills, wounds
or worries any domestic animal.
(6)
Is known by
such person to be infected with rabies or to have been bitten by an animal known
to have been infected with rabies.
(7)
In the case of
a dog, is unlicensed.
(b)
Vicious Dogs and Animals.
(1)
No vicious dog
shall be allowed off the premises of its owner unless muzzle or on a leash in
charge of the owner or a member of the owner's immediate family over sixteen
(16) years of age. For purposes of enforcing this Section, a dog shall be
deemed as being of a vicious disposition if, within any twelve (12) month
period it bites two (2) or more persons or inflicts serious injury to one (1)
person in unprovoked circumstances off the owner’s premises. Any vicious dog
which is found off the premises of its owner other than as herein above
provided may be seized by any person and, .upon delivery to the proper
authorities, may, upon establishment to the satisfaction of a court of
competent jurisdiction of the vicious character of said dog, by testimony under
oath reduced to writing, be killed by the Police authorities.
(2)
No person
shall harbor or permit to remain on his premises any animal that is habitually
inclined toward attacking persons or animals, destroying property, barking
excessively or making excessive noises or running after automobiles.
(c)
Dogs or Cats Running at Large.
(1)
It shall be
unlawful for the owner or keeper of any dog or cat to permit or suffer such dog
or cat to be at large, which shall mean that it is off the premises of its
owner or keeper and upon any public street or alley, any school ground, any
public park or upon any other public or private property without the permission
of the owner of the property, provided, however, a clog or cat shall not be
deemed to be at large if:
a.
It is attached
to a leash not more than ten (10) feet in length which is of sufficient
strength to restrain it, and the leash is held by a person competent to govern
it and prevent it from annoying or worrying pedestrians or trespassing on
private property or trespassing on public property where dogs or cats are
forbidden; or
b.
It is property
restrained within a motor vehicle.
(2)
Any dog or cat
found at large shall be deemed to be so with the permission or at the
sufferance of its owner. Any adult person alone or together with other adults
may seek relief from dogs or cats at large by a complaint to the Police
Department setting forth the specific date and approximate time a dog or cat of
a particular owner was observed by them to be at large. The Police Department
shall notify the owner of that dog or cat, in writing, of the alleged violation
of the provisions of this Section. If the petitioner(s) subsequently observe
that same dog or cat to again be at large, he (they) may submit a written
petition to the City Attorney's office for commencement of prosecution to
obtain compliance with this Section. Such written petition shall contain the
following:
a.
Name and
address of complainant(s).
b.
Description of
dog(s) or cat(s) and address of owner.
c.
Dates and
times violations were noted.
d.
Date reported
to Police Department.
e.
Statement that
petitioner(s-) will be willing to sign complaint and testify in court.
(3) It shall be unlawful for any person to permit a dog or cat to
run at large by opening any door or gate of any premises or loosen any
restraining device or otherwise entice any dog or cat to leave any place of
confinement.
(d) Owner's liability for
Damage Caused by Dogs; Penalties. The provisions of Section 174.02, Wis.
Stats., relating to the owner's liability for damage caused by dogs together
with the penalties therein set forth are hereby adopted and incorporated herein
by reference.
(a)
Animal Control Agency.
(1)
The City of
(2)
The City of
(b)
Impounding of Animals.
In addition to any penalty hereinafter provided for a violation of this
Chapter, any Police or Humane Officer may impound any dog, cat or other animal
which habitually pursues any vehicle upon any street, alley or highway of this
City, assaults or attacks any person, is at large within the City, habitually
barks, cries or howls, kills, wounds or worries any domestic animal or is
infected with rabies. In order for an animal to be impounded, the impounding
officer must see or hear the violation of this Section or have in his
possession a signed statement of a complaining witness alleging the facts
regarding the violation and containing an agreement to reimburse the City for
any damages it sustains for improper or illegal seizure.
(c)
Claiming Animal; Disposal of Unclaimed Animal. After seizure of animals under this Section by a law
enforcement or humane officer, the animal shall be impounded The Humane Society
shall notify the owner, personally or through the U.S. Mail, if such owner be
known to the officer or can be ascertained with reasonable effort, but if such
owner be unknown or unascertainable, the Humane Society may post written notice
in three (3) public places in the City, giving a description of the animal,
stating where it is impounded and the conditions for its release, after the
officer has taken such animal into his possession. If within seven (7) days
after such notice the owner does not claim such animal, the Humane Society may
dispose of the animal in a proper and humane manner; provided if an animal before
being impounded has bitten a person, the animal shall be retained in the Animal
Shelter for ten (10) days for observation purposes. Within such times, the
owner may reclaim the animal upon payment of impoundment fees, such fees to be
established by resolution of the Humane Society. No animal shall be released
from the pound without being properly licensed if so required by state law or
City Ordinance. A humane society or animal control agency serving the City may
provide the required notices under this Section.
(d)
(e)
City Not Liable for Impounding Animal The City and/or its animal control agency shall not be liable
for the death of any animal which has been impounded or disposed of pursuant to
this Section.
No
dog or cat shall be permitted in any public cemetery. Every dog specially
trained to lead blind persons shall be exempt from this Section. No person
shall walk a dog or permit any dog to be on public or private school grounds
unless express permission from those in control of the school grounds has been
secured.
(a)
General Requirements.
Every owner or person harboring or keeping a dog or cat who knows that such dog
or cat has bitten any person shall immediately report such fact to an Officer
who will order that the animal be quarantined for a period of at least ten (10)
days after the bite. The
"Officer" can be a public health officer, a law enforcement officer,
a DNR warden, or an animal control officer.
The owner or keeper of any such dog or cat shall surrender the dog or
cat to a law enforcement or humane officer upon demand for examination.
(b)
Specific Responsibilities of a Pet Owner.
(1) After a pet
has bitten someone, the person who owns the animal shall:
a.
Supply the
Officer with the full name and address of the person bitten.
b.
Give a
description of the animal to the Officer.
c.
Quarantine the
animal for ten (10) days at:
1.
An approved
facility such as the Humane Society; or
2.
Owner's
premises.
(Animal must be contained in an enclosure that prohibits the
access to people or contact with other animals.)
(2) Quarantined animals must be checked by a doctor of veterinary
medicine on the first and tenth day and one day in between [a total of three
(3) times].
(3) The pet owner shall provide written documentation from the
veterinarian to the Officer that the pet owner has complied with the quarantine
examinations and that the veterinarian certifies that the animal has exhibited
no signs of illness and that the quarantine may be released.
(4) The owner
of the animal is responsible for all expenses incurred in connection with the
quarantine process.
(a) Dog Litter Nuisance.
The owner or person in charge of any dog or other animal not permit solid fecal
matter of such animal to deposit on any street, alley or other public or
private property, unless such matter is immediately removed therefrom, by said
owner or person in charge. This Section shall not apply to a person who is
visually or physically handicapped.
(b) Complaints. Any
adult person alone or together with other adults may seek relief from dog or
other animal fecal matter deposits as described in Subsection (a) above by a
complaint to the Police Department in the same manner and procedure as set
forth in Section 7-1-6(c)(2).
It
shall be unlawful for any person owning or possessing an animal, dog or cat to
permit such animal, dog or cat to go upon any parkway or private lands or
premises without the permission of the owner of such premises and break,
bruise, tear up, crush or injure any lawn, flower bed, plant, shrub, tree or
garden in any manner whatsoever, or to defecate or urinate thereon.
(a) Barking Dog or Crying
Cat Complaints. It shall be unlawful for any person knowingly to keep or
harbor any dog which habitually barks, howls or yelps, or any cat which
habitually cries or howls to the great discomfort of the peace and quiet of the
neighborhood or in such manner as to materially disturb or annoy persons in the
neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby
declared to be a public nuisance. A dog, animal or cat is considered to be in
violation of this Section when two (2) separate, written complaints from two
(2) or more adult members of separate households, are filed with the Police
Department within a four (4) week period.
(b) Disturbing the Peace. It shall be unlawful for any person to
own, keep or have in his possession or harbor any dog which, by frequent and
habitual howling, yelping, barking or otherwise, shall cause serious annoyance
or disturbance to persons in the neighborhood. The Police Department is hereby
authorized to investigate all complaints and to prosecute, if they deem
necessary, violators of this Subsection.
(a)
Protected Animals.
(1)
Possession and
(2)
Compliance
with Federal Regulations. It shall be
unlawful for any person, firm or corporation to buy, sell or offer for sale a
native or foreign species or subspecies of mammal, bird, amphibian or reptile,
or the dead body or parts thereof, which appears on the endangered species list
designated by the United States Secretary of the Interior and published in the
Code of Federal Regulations pursuant to the Endangered Species Act of 1969
(Public Law 135, 91st Congress).
(3)
Regulating the
Importation of Certain Birds.
No person, firm or corporation shall import or cause to be imported into this
City any pan of the plumage, skin or dead body of any species of hawk, owl or
eagle. This paragraph shall not be construed to forbid or restrict the
importation or use or of the plumage, skin, body or any pan thereof legally
collected for use by the American Indians for ceremonial purposes or m the
preservation of their tribal customs and heritage.
(b)
Exceptions.
The provisions of Subsection (a) above shall not be deemed to prevent the
lawful importation, possession, purchase or sale of any species by any public
agency, institute of higher learning, persons holding federal permits, or by a
person holding a Scientific Collectors Permit issued by the Secretary of the
Department of Natural Resources of the state, or to any person or organization
licensed to present a circus.
(c)
Wild Animals: Prohibition on Keeping. It shall be unlawful for any person to keep, maintain or
have in his possession or under his control within the City any poisonous
reptile or any other dangerous or carnivorous wild animal, insect or reptile,
any vicious or dangerous domesticated animal or any other animal or reptile of
wild, vicious or dangerous propensities. Specifically, it shall be unlawful for
any person to keep, maintain or have in his possession or under his control
within the City any of the following animals, reptiles or insects:
(1)
All poisonous
animals and reptiles including rear-fang. snakes.
(2)
Apes:
Chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla); orangutans (Pongo);
am siamangs (Symphalangus).
(3)
Baboons
(Papoi, Mandrillus).
(4)
Bears (Ursidae).
(5)
Bison (Bison).
(6)
Cheetahs
(Acinonyx jubatus).
(7)
Crocodilians
(Crocodilia), thirty (30) inches in length or more.
(8)
Constrictor
snakes, six (6) feet in length or more.
(9)
Coyotes (Canis
latrans).
(10)
Deer
(Cervidae); includes all members of the deer family; for example, whitetailed
deer, elk, antelope and moose.
(11)
Elephants
(Elephas and Loxodonta).
(12)
Game cocks and
other fighting birds.
(13)
Hippopotami
(Hippopotamidae).
(14)
Hyenas
(Hyaenidae).
(15)
Jaguars
(Panthera onca).
(16)
Leopards
(Panthera pardus).
(17)
Liom
(Pantheraeo).
(18)
Lynxes (Lynx).
(19)
Monkeys, old
world (Cercopithecidae).
(20)
Ostriches
(Struthio).
(21)
Pumas (Felis
concolor); also known as cougars, mountain lions and panthers.
(22)
Rhinoceroses
(Rhinocero tidae).
(23)
Snow leopards
(Panthera uncia).
(24)
Tigers
(Panthera tigris).
(25)
Wolves (Canis
lupus).
(26)
Poisonous
insects.
(27)
Bees.
(28)
Except in
properly zoned districts, horses, mules, ponies, donkeys, cows, pigs, goats,
sheep, chickens or any animal raised for fur-bearing purposes unless otherwise
permitted elsewhere in this Code.
(d)
Exceptions.
The prohibitions of Subsection (c) above shall not apply where the creatures
are in the care, custody or control of: a veterinarian for treatment;
agricultural fairs; shows or projects of the 4-H Clubs; a display for judging
purposes; an itinerant or transient carnival, circus or other show; dog or cat
shows or trials; public or private educational institutions; zoological
gardens; if:
(1)
Their location
conforms to the provisions of the zoning ordinance of the City.
(2)
All animals
and animal .quarters are kept in a clean and sanitary condition and so
maintained as to eliminate objectionable odors.
(3)
Animals are
maintained in quarters so constructed as to prevent their escape.
(4)
No person
lives or resides within one hundred (100) feet of the quarters in which the
animals are kept.
(a)
No person may
sell, offer for sale, raffle, give as a prize or premium, use as an advertising
device or display living chicks, ducklings, other fowl or rabbits mat have been
dyed or otherwise colored artificially.
(b)
(1)
No person may
sell, offer for sale, barter or give away living chicks, ducklings or other
fowl without providing proper brooder facilities for the care of such chicks,
ducklings or other fowl during the time they are in such person's care, custody
or control.
(2)
No retailer,
as defined in Sec. 100.30(2)(g), Wis. Stats., may sell, offer for sale, barter
or give away living baby rabbits, baby chicks, ducklings_ or other fowl under
two (2) months of age, in any quantity less than six (6), unless the purpose of
selling these animals is for agricultural, wildlife or scientific purposes.
State
Law Reference: Section 951.11,
(a) No person owning or responsible for confining or impounding
any animal may refuse or neglect to supply the animal with a sufficient supply
of food and water as prescribed in this Section. The food shall be sufficient
to maintain all animals in good health. If potable water is not accessible to the
animals at all times, it shall be provided daily and in sufficient quantity for
the health of the animal.
State
Law Reference: Section 951.13,
(a) Proper Shelter. No
person owning or responsible for confining or impounding any animal may fail to
provide the animal with proper shelter as prescribed in this Section. In the
case of farm animals, nothing in this Section shall be construed as imposing
shelter requirements or standards more stringent than normally accepted
husbandry practices in the particular county where the animal or shelter is
located.
(b) Indoor
Standards. Minimum indoor standards of shelter shall include:
(1)
Ambient
temperatures. The ambient
temperature shall be compatible with the health of the animal.
(2)
Ventilation. Indoor housing facilities shall be adequately ventilated
by natural or mechanical means to provide for the health of the animals at
times.
(c)
Outdoor Standards.
Minimum outdoor standards of shelter shall include:
(1)
Shelter from
sunlight. When sunlight is likely to cause heat exhaustion of an animal tied or
caged outside, sufficient shade by natural or artificial means. shall be
provided ,to protect the animal from direct sunlight. As used in this
paragraph, 'caged" does not include farm fencing used to confine farm
animals.
(2)
Shelter from
inclement weather.
a.
Animals
generally. Natural or artificial shelter appropriate to the local climatic
conditions for the species concerned shall be provided as necessary for the
health of the animal.
b.
Dogs. If a dog
is tied or confined unattended outdoors under weather conditions, which
adversely affect the health of the dog, a shelter of suitable size to
accommodate the dog shall be provided.
(d)
Space Standards.
Minimum space requirements for both indoor and outdoor enclosures shall
include:
(1)
Structural
strength. The housing
facilities shall be structurally sound and maintained in good repair to protect
the animals from injury and to contain the animals.
(2)
Space
requirements. Enclosures shall be
constructed and maintained so as to provide sufficient space to allow each
animal adequate freedom of evidence movement. Inadequate space may be indicated
by of debility, stress or abnormal behavior patterns.
(e) Sanitation Standards.
Minimum standards of sanitation for both indoor and outdoor enclosures shall
include periodic cleaning to remove excreta and other waste materials, dirt and
trash so as to minimize health hazards.
State
Law Reference: Section 951.14,
(a)
Neglected or Abandoned Animals.
(1)
No person may
abandon any animal.
(2)
Any law
enforcement officer may remove, shelter and care for an animal found to be
cruelly exposed to the weather, starved or denied adequate water, neglected,
abandoned or otherwise treated in a cruel manner and may deliver such animal to
another person to be sheltered, cared for and given medical attention, if
necessary. In all cases the owner, if known, shall be immediately notified and
such officer, or other person, having possession of the animal shall have a
lien thereon for its care, keeping and medical attention and the expense of
notice.
(3)
If the owner
or custodian is unknown and cannot, with reasonable effort, be ascertained or
does not, within five (5) days after notice, redeem the animal by paying the
expenses incurred, it may be treated as a stray and dealt with as such.
(4)
Whenever in
the opinion of any such officer an animal is hopelessly injured or diseased so
as to be beyond the probability of recovery, it shall be lawful for such officer
to kill, or cause to be killed, such animal and the owner thereof shall not
recover damages for the killing of such animal unless he shall prove that such
killing was unwarranted.
(5)
Section 951.16,
Investigation of Cruelty Complaints, and Section 951.17, Wis. Stats., Expenses
of Investigation, are hereby adopted by reference and made a part of this
Chapter.
(b) Injured Animals. No
person who owns, harbors or keeps any animal shall fail to provide proper
medical attention to such animal when and if such animal becomes sick or
injured. In the event the owner of such animal cannot be located, the City or
any animal control agency with whom the City has an agreement or contract shall
have the authority to take custody of such animal for the purpose of providing
medical treatment, and the owner thereof shall reimburse the person or
organization for the costs of such treatment.
State
Law Reference: Sections 951.15, 951.16
and 951.17,
(a)
Acts of Cruelty Prohibited.
No person except a police officer or health or humane officer in the pursuit of
his duties shall, within the City, shoot or kill or commit an act of cruelty to
any animal or bird or disturb any bird's nests or bird's eggs.
(b)
Leading Animal From Motor Vehicle. No person shall lead any animal upon n
(c)
Use of Poisonous and Controlled Substances. No person may expose any pet animal owned by another to
any known poisonous substance or controlled substance listed m Sec. 161.14,
Wis. Stats., whether mixed with meat or other food or not, where it is
reasonable to anticipate the substance may be eaten by such animal or for the
purpose of harming .the animal. This Subsection shall not apply to poison used
on one's own premises and designed for the purpose of rodent and pest
extermination, nor the use of a controlled substance used in accepted
veterinarian practice or in research by persons or organizations regularly engaged
in such research.
(d)
Use of Certain Devices Prohibited. No person may directly or indirectly, or by aiding,
abetting or permitting the doing thereof either put, place, fasten, use or fix
upon or to any animal used or readied for use for a work purpose or for use in
an exhibition, competition, rodeo, circus or other performance any of the
following devices: a bristle bur, tack bur or like device; or a poling device
used to train a horse to jump which is charged with electricity or to which
have been affixed nails, tacks or other sharp points.
(e)
Shooting at Caged or Staked Animal. No person may instigate, promote, aid or abet as a
principal, agent, employee, participant or spectator, or participate in the
earnings from or intentionally maintain or allow any place to be used for the
shooting, killing or wounding with a firearm or any deadly weapon any animal
mat is tied, staked out, caged or otherwise intentionally confined in a
man-made enclosure, regardless of size.
(f)
Abatement Orders. Any City agency charged with the
responsibility to enforce health and sanitation orders, or any Glendale law
enforcement officer, who after reasonable investigation has grounds to believe
that a violation of Chapter 173, Wis. Statutes, successor amendments thereto,
or City Ordinances pertaining to animals or birds is occurring, which violation
is causing or has the potential to cause injury or harm to an animal or bird,
may issue and serve an order of abatement directed to named persons. The abatement order shall contain the name
and address of the person to whom directed, the statute or ordinance alleged to
be violated, a prohibition on further violations, a description of measures
necessary to correct the alleged violation, and notice that the matter may be
appealed. Nothing in this provision
shall be construed as a condition precedent to the issuance of charges for
violations and abatement orders shall be an alternative to prosecution in the
discretion of the official or officer.
Abatement orders may be appealed to the Board of Appeals upon written
notice to the City Clerk, which review shall be limited to corrective measures
only, and whose determination shall not be dispositive of guilt or innocence as
to the underlying violation alleged.
(a)
In the
interest of public health and safety, it shall be unlawful for any person, in
or on land within the City of Glendale, to set, place or tend any trap for the
purpose of trapping, killing, catching, wounding, worrying or molesting any
animal, except by use of live box-type traps only. Live box-type traps shall be
defined as those traps, which capture and hold an animal in an alive and
unharmed condition.
(b)
This Section
shall prohibit the use of all traps other than live traps as described above,
including, but not limited to, traps commonly known as leg traps, pan- type
traps or other traps designed to kill, wound or close upon a portion of the
body of an animal.
(c)
All traps set,
placed or tended shall comply with Chapter 29 of the Wisconsin Statutes as they
relate to trapping.
(d)
This Section
shall not apply to trapping within the confines of buildings or homes.
(e)
Nothing in
this Section shall prohibit or hinder the City of
No
person may take the dog or cat of another from one place to another without the
owner's consent or cause such a dog or cat to be confined or carried out of the
City or held for any purpose without the owner's consent. This Section does not
apply to law enforcement officers or humane society agents engaged in the
exercise of their official duties, or as otherwise permitted hereto.
The
operator of any vehicle involved in an accident resulting in injury to or death
of a dog, cat or other animal which appears to be a pet shall immediately
notify the Police Department or an animal control agency whose jurisdiction
extends into the City.
(a)
Purpose. The keeping
of a large number of dogs or cats within the City for a considerable period of
time detracts from and, in many instances, is detrimental to, healthful and
comfortable life in such areas. The keeping of a large number of dogs or cats
is, therefore, declared a public nuisance.
(b)
Definitions.
(1)
Dog. A dog means any canine, regardless of age or sex.
(2)
Residential
lot. A residential lot
means a parcel of land zoned as residential, occupied or to be occupied by a
dwelling, platted or unplatted, and under common ownership. For the purpose of
this Section, any vacant parcel or parcels adjoining a dwelling and under the
same ownership shall constitute one (1) lot
(c)
Number Limited.
(1)
No family
shall own, harbor or keep in its possession more than three (3) dogs or cats on
any residentially zoned lot without the prior approval of the Common Council
except that a litter of pups or kittens or a portion of a litter may be kept
for not more than eight (8) weeks from birth. If more than one (1) family
resides on a residential lot, then only a total of three (3) dogs or cats shall
be allowed on the residential lot unless the prior approval is obtained from
the Common Council. For the purposes of this Section the term family shall be
defined as one (1) or more persons. Keeping of more than three (3) dogs
requires the issuance of a kennel license and a conditional use permit pursuant
to the City Zoning Code.
(2)
The above
requirement may be waived with the approval of the Common Council or when a
kennel license has been issued by the City. Such application for waiver shall
first be made to the City Clerk who shall forward the request with his approval
or objection to the Common Council.
Any
person owning or having charge or control of any dead animal, except those
intended for food purposes, shall remove the same from within the City limits
within twelve (12) hours after the time of the death of the same or shall
request the Director of Public Works to remove and dispose of such animal. Any
person who fails to do so shall relinquish all rights to any such animal, and
the Director of Public Works of the City shall have the right to order any such
animal removed after the expiration of such time.
(a)
Definition.
For purposes of this Section, the word "animal" includes cats and
other animals kept as pets, but does not include do or such animals as are set
forth in Section 7-1-25(a)(3) and (4) of this Chapter, such animals being
regulated elsewhere.
(b)
Restrictions.
It shall be unlawful to own, harbor or keep any animal which:
(1)
Habitually
pursues any vehicle on any public street, alley or other thoroughfare.
(2)
Assaults,
attacks, bites, scratches or otherwise injures any person or any other animal
kept by anyone as a pet.
(3)
Destroys,
damages or defaces any public or private property.
(4)
Habitually
barks, howls, squeals, screeches, honks, quacks or habitually makes any other
offensive or annoying noise disturbing to any person or persons.
(c)
Prohibited Conduct.
It shall be unlawful for any person having immediate custody and control of
animal to permit the same to:
(1)
Assault,
attack, bit scratch or otherwise injure any person or any other animal kept by
anyone as a pet.
(2)
Destroy ,
damage or deface any public or private property.
(3)
Deposit any
solid fecal matter on any public street, alley or other thoroughfare or any
public or private property other than that of the owner or keeper of such
animal.
(4)
Commit any
other obnoxious or offensive act on any public or private property or against
any person or persons.
(d)
Running at Large.
(1)
It shall be
unlawful. to permit any animal to run at large if the same commits any acts set
forth in Subsection (c) above.
(2)
Any animals
shall be deemed to be running at large if it is off the property of the owner or
keeper thereof unless it is in the immediate control of a person of suitable
discretion and ability to control it.
(e) Impounding Animals.
Any stray animal or animal running at large maybe picked up or captured by any
member of the Police Department or any citizen and turned over to the Humane
Society for impounding. Such animals may be recovered as provided in Section
7-1-7. If not so recovered, such animals shall be disposed of as provided in
Section 7-1-7.
(a)
Definitions.
(1)
"Residence
District," as used in this Chapter, is defined to be that territory
contiguous to a highway, not comprising a business district, where the frontage
on such highway for a distance of three hundred (300) feet, or more, is mainly occupied
by dwellings or by dwellings in use for business, provided that said buildings
shall not be more than three hundred (300) feet apart.
(2)
A
"highway, as used in this Chapter, shall mean every way or place, of
whatever nature, open to the use of the public as a matter of right for the
purpose of vehicular traffic and shall include alleys.
(3)
“Domestic
animals" are defined to mean and include horses, mules, donkeys, cows,
goats, sheep, pigs or any animal raised for fur-bearing purposes or other
properly domesticated animals.
(4)
Domestic fowl
is defined to mean and include chickens, turkeys, ducks, geese, guinea hens,
pigeons or any other properly domesticated fowl.
(b)
Special Permit Required.
No domestic or domestic fowl shall be kept in a within residence district the
City of Glendale within a distance of seventy-five (75) feet of any residence
or apartment house, unless n special permit in writing therefor is issued by
the Health Officer, after inspection of the premises and a finding of fact to
the effect that no nuisance will be created thereby. Such special permit shall
be issued for the keeping of such domestic animals or domestic fowl only in the
event that the public health and public welfare will not be affected thereby.
(c)
Stables, Pens, Coops, Etc.
(1)
Every stable,
pen, coop or other building of any nature wherein any such domestic animal or
domestic fowl is kept shall be constructed of such material and in such manner
that it can be kept clean and sanitary at all times and shall be provided with
facilities by way of receptacle for manure, refuse and other debris, which
shall be water-tight and fly-tight and of such dimensions as to contain the
accumulation of manure, refuse and debris, and shall be emptied sufficiently
often and in such manner as to prevent such receptacle or its contents from
becoming a nuisance. Such receptacle shall be kept securely covered at all
times, except when opened for the purpose of deposit or removal of manure,
refuse or debris. No manure, refuse or debris shall be allowed to accumulate,
except in such receptacle.
(2)
The Health
Officer shall, if he deems necessary, in order to avoid a nuisance, require
that any building in which such domestic animal or domestic fowl are kept shall
be screen-tight against flies and/or that it be provided with running water,
sewer drain connections and flooring which shall be impervious to water, and
that such other measures be taken as may be necessary to insure proper
protection to public health and safety, as conditions precedent to the issuance
of any special permit.
(3)
All
structures, stables, pens, yards or coops wherein such animals or fowl are kept
or permitted shall be maintained in a clean and sanitary condition, devoid of
all rodents and vermin and free from all objectionable odors.
(d)
Inspection by Health Officer. The Health Officer, upon the complaint of any individual ,
or when he reasonably believes that any provision of this Section has been, or
is being, violated, shall inspect any such structure or premises and issue such
order as may be necessary to carry out the provisions of this Section.
(e)
Display of Birds in Food Establishments. No person shall sell or display birds of the Psittacine
family in any store selling, giving away or preparing food or drink for human
consumption unless the birds are so enclosed as to prevent any possible
contamination of the food or drink.
Any
person violating any provision of Sections 7-1-1 through 7-1-25 shall, upon
conviction of such violation, be subject to the penalties as prescribed by
Section 1.1.7 of this Code.
7.2.1 State
Statutes Adopted
7.2.2 Definitions
7.2.3 License
Required
7.2.4 Class
of Licenses
7.2.5 License
Fees
7.2.6 Application
for License
7.2.7 Qualifications
of Applicants and Premises
7.2.8 Investigation
7.2.9 Approval
of Application
7.2.10 Granting
of License
7.2.11 Transfer
and Lapse of License
7.2.12 Numbering
of License
7.2.13 Posting
Licenses; Defacement
7.2.14 Conditions
of License
7.2.15 Closing
Hours
7.2.16 Restrictions on
Special Class “B” Fermented Malt Beverage Special Event Licenses and Class “B”
Licenses Allowing Special Events
7.2.17 Beer Garden
Licenses required for outdoor consumption at class b premises
7.2.18 Revocation and
suspension of licenses; non-renewal
7.2.19 Reserved
for future use
7.2.20 OPERATOR’S
LICENSE REQUIRED
7.2.21 APPLICATION
FOR OPERATOR’S LICENSES
7.2.22 DURATION
7.2.23 OPERATOR’S
LICENSE FEE; PROVISIONAL LICENSE
7.2.24 ISSUANCE
7.2.25 DISPLAY OF
LICENSE
7.2.26 REVOCATION
OR SUSPENSION OF OPERATOR’S LICENSE
7.2.27 through
7.2.29 RESERVED FOR
FUTURE USE
7.2.30 PENALTIES
ARTICLE A
The
provisions of Chapter 125 of the Wisconsin Statutes, relating to the sale of
intoxicating liquor and fermented malt beverages, except provisions therein
relating to penalties to be imposed, are hereby adopted by reference and made a
part of this Chapter as if fully set forth herein. Any act required to be
performed or prohibited by any statute incorporated herein by reference is
required or prohibited by this Chapter. Any future amendment, revisions or
modifications of the statutes incorporated herein are intended to be made a
part of this Chapter in order to secure uniform statewide regulation of alcohol
beverage control.
State
Law Reference: Chapter 125,
As
used, in this Chapter the terms “Alcoholic Beverages," "intoxicating
Liquors," "Sell," “Sold”, “ Sale,” ,”Restaurant”, “Club”,
“Retailer," "Person," "Fermented Malt Beverages,"
"Wholesalers,' "Retailers," "Operators," and
"Non-Intoxicating Beverages" shall have the meaning given them by
Chapter 125, Wisconsin Statutes.
No person, firm or corporation
shall vend, sell, deal or traffic in or have in his possession with intent to
vend, sell, deal or traffic in or, for the purpose of evading any law or
ordinance, give away any intoxicating liquor or fermented malt beverage in any
quantity whatever, or cause the same to be done, without having procured a
license as provided in this Chapter nor without complying with all the
provisions of this Chapter, and all statutes and regulations applicable
thereto, including all
applicable requirements and limitations as set forth in Sections 125.25,
125.26, 125.27, 125.28, and 125.51, Wis. Stats., as from time-to-time
amended. Statutory references as
hereinafter stated shall be deemed to reference such statutes as may be from
time to time amended.
(a)
Retail
Class "A" Intoxicating Liquor License. A “Class
A” license authorizes the retail sale of intoxicating liquor for consumption
off the premises where sold and in original packages and containers. Except as provided under Section 125.69,
“Class A” licenses may be issued to any person qualified under Section
125.04(5), except a person acting as an agent for or in the employ of
another. “Class A” licenses shall
particularly describe the premises for which issued and are not transferable,
except as provided in Section 125.04(12).
The annual fee for a “Class A” license shall be determined by the
Glendale Common Council and shall be the same for all “Class A” licenses,
except that the minimum fee is $50 and the maximum fee is $500. In addition, subject to approval by the
Common Council on a case by case basis, and subject to such conditions as
imposed, a “Class A” license shall allow the provision of wine taste samples of
not more than 1 fluid ounce each, free of charge, for consumption on the
premises. Such samples shall be served
by or in the presence of a licensed operator, commonly referred to as a
licensed bartender, or the licensed agent.
The licensee may provide not more than 2 wine taste samples per day to
any one person, and only between the hours of 3:00 p.m. and 6:00 p.m. The Common Council shall have the right to
further reduce the amount of wine taste samples allowed or further restrict the
hours of provision in its discretion.
(b) Retail Class "B" Intoxicating Liquor
License. A retail “Class B” license authorizes the retail sale of
intoxicating liquor for consumption on the premises where sold by the glass and
not in the original package or container.
In addition, wine may be sold in the original package or container in
any quantity to be consumed off the premises where sold. A “Class B” license issued to a winery
authorizes the sale of wine to be consumed by the glass or in opened containers
only on the premises where sold and also authorizes the sale of wine in the
original package or container to be consumed off the premises where sold, but
does not authorize the sale of fermented malt beverages or any intoxicating
liquor other than wine. There are nine
(9) such “Class B” licenses specifically reserved for the
(c) Retail Class "C" License. In this
subsection, “barroom” means a room that is primarily used for the sale or
consumption of alcohol beverages. A
“Class C” license authorizes the retail sale of wine by the glass or in an
opened original container for consumption on the premises where sold. A “Class C” license may be issued to a person
qualified under Section 125.04(5) for a restaurant in which the sale of alcohol
beverages accounts for less than 50% of gross receipts and which does not have
a barroom or for a restaurant in which the sale of alcohol beverages accounts
for less than 50% of gross receipts and which has a barroom in which wine is
the only intoxicating liquor sold. A
“Class C” license may not be issued to a foreign corporation, a foreign limited
liability company or a person acting as an agent for or in the employ of
another. A “Class C” license shall
particularly describe the premises for which it is issued. The annual fee for a “Class C” license shall
be determined by the Glendale Common Council.
The fee shall not exceed $100 and shall be the same for all “Class C”
licenses. There are three (3) such
“Class C” wine licenses specifically reserved for the
(d) Class "A" Fermented Malt Beverage
Retailer's License. The Glendale Common Council may issue Class “A”
licenses for the sale of fermented malt beverages from premises within the City
of
(e) Class "B" Fermented Malt Beverage
Retailer's License. The Glendale
Common Council may issue Class “B” licenses for the sale of fermented malt beverages
from premises within the City of
(f) Temporary Class “B” Fermented Malt Beverage License. Temporary Class “B” licenses may be issued to
bona fide clubs, to county or local fair associations or agricultural
societies, to churches, lodges or societies that have been in existence for at
least 6 months before the date of application and to posts of veterans
organizations authorizing the sale of fermented malt beverages at a particular
picnic or similar gathering, at a meeting of the post, or during a fair
conducted by the fair association or agricultural society. The amount of the fee for the license shall
be determined by the Glendale Common Council but may not exceed $10. An official or body authorized by the
Glendale Common Council to issue temporary Class “B” license may, upon issuance
of any temporary Class “B” license, authorize the licensee to permit underage
persons to be on the premises for which the license is issued. A license issued to a county or district fair
licenses the entire fairgrounds where the fair is being conducted and all
persons engaging in retail sales of fermented malt beverages from leased stands
on the fairgrounds. The county or
district fair to which the license is issued may lease stands on the
fairgrounds to persons who may engage in retail sales of fermented malt
beverages from the stands while the fair is being held. The Glendale Common Council may issue a
temporary Class “B” license for premises that are covered by a “Class B” permit
issued under Section 125.51(5)(b)2 if the applicant meets the requirements of
this subsection.
(g) Wholesalers License. The Glendale Common Council may issue license
to wholesalers for the sale of fermented malt beverages from premises within
the City, which premises shall comply with the requirements under Section
125.34(2). Subject to Section 125.34, a
wholesaler’s license authorizes sales of fermented malt beverages only in
original packages or containers to retailers or wholesales, not to be consumed
in or about the wholesaler’s premises.
Cross
Reference: Section 7-2-17.
There shall be the classes and
denominations of license fees as prescribed in Section 7.17.1 which, when
issued by the City Clerk under the authority of the Common Council after
payment of the fee hereinafter specified shall permit the holder to sell, deal
or traffic in intoxicating liquors or fermented malt beverages as provided in
any applicable provision of Chapter 125 of the Wisconsin Statutes as from time
to time amended.
(a)
Contents.
Application for a license to sell or deal in intoxicating liquor or fermented
malt beverages shall be made in writing on the form prescribed by the Wisconsin
Department of Revenue and shall be sworn to by the applicant as provided by
Sections 887.01 to 887.04, Wis. Stats.
All applications for licenses to sell alcohol beverages shall be filed
with the City Clerk of the City of Glendale at least fifteen (15) days prior to
the granting of the license, except that for licenses issued for a picnic or
other gathering lasting for less than four (4) days, such application shall be
filed with the City Clerk at least seven (7) days prior to the granting of the
license. For purposes of calculating the
time periods herein, the date of application shall not be counted, but the date
of granting shall be included as part of the requisite time period. The premises shall be physically described to
include every room and storage space to be covered by the license, including
all rooms not separated by a solid wall or joined by connecting entrances.
(b)
Corporations. Such
application shall be filed and sworn to by the applicant if an individual, by
the president and secretary, of a corporation.
(c)
Publication.
The application shall be published once in the official City news paper,
and the costs of publication shall be paid by the applicant.
(d)
Amending Application.
Whenever anything occurs to change any fact set out in the application
of any licensee, such licensee shall file with the issuing authority a notice
in writing of such change within ten (10) days after the occurrence thereof.
(e)
License
Quotas. No more licenses shall be granted by the City of
(f)
License Reserve Pool.
(1)
Wisconsin Statutes limit the number of “Class B”
Intoxicating Liquor Licenses issuable by the Common Council. The Common Council creates a reserve pool of
such licenses, and deems it in the public interest to continue such reserve
pool of licenses in order to allow for future commercial development within the
City, to protect the public health, welfare and interest, and to provide for
public safety. All licenses issuable,
but not issued, shall be deemed and are hereby placed in the reserve pool. All licenses forfeited, revoked, or
non-renewed shall be deemed and are hereby placed in the reserve pool.
(2)
It shall be the firm policy of the Common Council to
issue licenses from said reserve pool only under the following circumstances
and such license shall be deemed a new issuance and subject to all statutorily
prescribed and municipally imposed fees thereon:
a.
For a development project of a size, type and
location that would enhance the commercial well-being and prosperity of the
City and be a benefit to the business firms, residents therein and to the
general public;
b. That, in addition to the above qualifications, such
project would reasonably require as a part thereof a restaurant having a “Class
B” liquor license to insure the project’s success; and
c. That such project would
be in the public interest and welfare and be for the public’s convenience.
(3)
Before issuing a reserve pool license, the Common
Council shall refer the matter to the Plan Commission for its recommendation.
(4)
A reserve pool license, in any event, shall not be
issued unless authorized by the affirmative vote of three-fourths (3/4) of the
members elect of the Common Council.
(5)
In the event any non-pool license shall be revoked,
non-renewed, abandoned or revert for any reason to the City, such license shall
automatically become part of the reserve license pool, subject to the following
exception:
a.
For a period of one (1) year, commencing with the
first of the month next following the date of abandonment or reversion or the
date the license holder shall cease to conduct business, the Common Council
may, in its discretion, issue a fermented malt beverage and intoxicating liquor
license for a business to be operated within the initial facility previously
licensed, subject to all state and local rules and criteria applicable to the
issuance of new fermented malt beverages and intoxicating liquor licenses, and
the Common Council may also take into account in determining whether or not to
issue such license the considerations as set forth in Subsections (f)(2) a, b
and c herein. During such one (1) year period, the license shall not be deemed
to have reverted to the reserve license pool.
b.
Upon application to the Legislative and Judiciary
Committee and upon such Committee’s findings and recommendations to the Common
Council, the Common Council, in its discretion, may extend the one (1) year
eligibility period for existing businesses set forth in Subsection (f)(5)(a)
provided the Common Council finds, upon a three-fourths (3/4) vote, that due to
circumstances not caused by or within the total control of the applicant, commencement
of or opportunity for a new business within the existing establishment was not
or cannot reasonably be accomplished within the one (1) year period. Nothing in
this Section shall be construed to require issuance of a license in the event
no license is available. In no event shall such extension be for a time period
greater than one (1) additional year beyond the one (1) year period provided by
Subsection (f)(5)(a).
(a)
Residence of Natural Licensees and Corporate Agents.
(1)
Natural
persons shall reside within the area described in Subsection (a)(2) below for
at least thirty (30) days prior to applying for a license, and corporate agents
at least thirty (30) days prior to appointment.
(2)
Such areas
described as State Highway 60 extended due east to Lake Michigan on the north,
Lake Michigan on the east, the
(3)
Upon
recommendation of the Legislative and Judiciary Review Committee, and upon
approval of the Common Council, an agent may reside beyond the boundaries as
required in Subsection (a)(2), provided as follows:
a.
Such an
exception shall only be granted if there is no objection on the part of the
Chief of Police or his designee.
b.
The
Legislative and Judiciary Review Committee, upon interviewing the agent, shall
determine that the agent's particular residence and circumstances will
reasonably allow performance and discharge of the duties of the agent.
c.
The agent
shall satisfy the Legislative and Judiciary Review Committee That residence
within the area, as defined by Subsection (a)(2), presents a practical
difficulty to the individual agent.
d.
Such exception
as recommended by the Committee shall be approved only upon a two-thirds (2/3)
vote of the Common Council.
(b)
Applicant to have Malt Beverage License. No retail Class "B" intoxicating liquor license
shall be issued to any person who does not have or to whom is not issued a
Class "B" retailer's license to sell fermented malt beverages.
(c)
Right to Premises.
No applicant will be considered unless he has the right to possession of the
premises described in the application for the license period, by lease or by
deed.
(d)
Age of Applicant. No
Class "A" or "B" licenses shall be granted to any underage
person as defined by the Wisconsin Statutes.
(e)
Corporate Restrictions.
(1)
No license
shall be granted to any corporation which does not comply with the provisions
of Sec. 125.04(6), Wis. Stats., which does not have an agent eligible for a
license under this Chapter or under state law, or which has more than fifty
percent (50%) of the stock interest, legal or beneficial, in such corporation
held by any person or persons not eligible for a license under this Chapter or
under the state law.
(2)
Each corporate
applicant shall file with its application for such license a statement by its
officers showing the names and addresses of the persons who are stockholders
together with the amount of stock held by such person or persons. It shall be
the duty of each corporate applicant and licensee to file with the City Clerk a
statement of transfers of stock within forty-eight (48) hours after such
transfer of stock.
(3)
Any license
issued to a corporation may be revoked in the manner and under the procedure
established in Section 125.12, Wis. Stats., when more than fifty percent (50%)
of the stock interest, legal or beneficial, in such corporation is held by any
person or persons not eligible for a license under this Chapter or under the
state law.
(f) Separate License
Required for Each Place of
The
City Clerk shall notify the Chief of Police, Chief of the Fire Department,
Health Officer and Building Inspector of each new application, and these
officials shall inspect or cause to be inspected each application and the
premises, together with such other. investigation as shall be necessary to
determine whether the applicant and the premises sought to be licensed comply
with the regulations, ordinances and laws applicable thereto, including those
governing sanitation in restaurants, and whether the applicant is a proper
recipient of a license. These officials shall furnish to the City Clerk in
writing, who shall forward to the Common Council, the information derived from
such investigation, accompanied by a recommendation as to whether a license
should be granted or refused. No license shall be renewed without a re-
inspection of the premises and report as originally required.
(a)
In determining
the suitability of an applicant, consideration shall be given to the moral
character and financial responsibility of the applicant, the appropriateness of
the location and premises proposed and generally the applicant's fitness for
the trust to be reposed.
(b)
No license
shall be granted for operation on any premises or with any equipment for which
taxes or assessments or other financial claims of the City are delinquent and
unpaid.
(c)
No license
shall be issued unless the premises conform to the sanitary, safety and health
requirements of the State Building Code, and the regulations of the State Board
of Health and local Board of Health applicable to restaurants. The premises
must be properly lighted and ventilated, must be equipped with separate
sanitary toilet and lavatory facilities equipped with running water for each sex
and must conform to all Ordinances of the City.
(a)
In accordance
with the provisions of Section 125.04(12), Wis. Stats., a license shall be transferable
from one premises to another if such transfer is first approved by the Common
Council. An application for transfer shall be made on a form furnished by the
City Clerk. Proceedings for such transfer shall be had m the same form and
manner as the original application. The fee for such transfer is Ten Dollars
($10.00). Whenever a license is transferred, the City Clerk shall forthwith
notify the Wisconsin Department of Revenue of such transfer. In the event of
the sale of a business or business premises of the licensee, the purchaser of
such business or business premises must apply to the City for re-issuance of
said license and the City, as the licensing authority, shall in no way be bound
to reissue said license to said subsequent purchaser.
(b) Whenever the agent of a corporate holder of a license is for
any reason replaced, the licensee shall give the City Clerk written notice of
said replacement, the reasons therefor and the new appointment. Until the next
regular meeting or special meeting of the Common Council, the successor agent
shall have the authority to perform the functions and be charged with the
duties of the original agent. However, said license shall cease to be in effect
upon receipt by the City Clerk of notice of disapproval of the successor agent
by the Wisconsin Department of Revenue or other peace officer of the
municipality in which the license was issued. The corporation's license shall
not be in force after receipt of such notice or after a regular or special
meeting of the Common Council until the successor agent or another qualified
agent is appointed and approved by the City and the Wisconsin Department of
Revenue.
All
licenses shall be numbered in the order in which they are issued and shall state
clearly the specific premises for , which granted, the date of issuance, the
fee paid and the name of the licensee. The City Clerk shall affix to the
license his affidavit as provided by Sec. 125.04(4) of the Wisconsin Statutes.
(a) Every person licensed in accordance with the provisions of
this Chapter shall immediately post such license and keep the same posted while
in force in a conspicuous place in the room or place where said beverages are
drawn or removed for service or sale.
(b) It shall be unlawful for any person to post such license or to
be permitted to post it upon premises other than those mentioned in the
application or knowingly to deface or destroy such license.
All
retail Class "A" and "B" licenses granted hereunder shall
be granted subject to the following conditions, and all other conditions of
this Section, and subject to all other Ordinances and regulations of the City
applicable thereto.
(a)
Consent to Entry.
Every applicant procuring a license thereby consents to the entry of police or
other duly authorized representatives of the City at all reasonable hours for
the purpose of inspection and search, and consents to the removal from said
premises of all things and articles there had in violation of City Ordinances
or state laws, and consents to the introduction of such things and articles in
evidence in any prosecution that may be brought for such offenses.
(b)
Employment of Minors.
No retail Class "B" licenses shall employ any underage person, as
defined in the Wisconsin Statutes, but this shall not apply to hotels and
restaurants. Family members may work on the licensed premises but are not
permitted to sell or dispense alcoholic beverages.
(c)
Disorderly Conduct Prohibited. Each licensed premises shall, at all times, be conducted
in an orderly manner, and no disorderly, riotous or indecent conduct shall be
allowed at any time on any licensed premises.
(d)
Licensed Operator on Premises. There shall be upon premises operated under a Class
“A” or Class “B” intoxicating liquor license or Class “B” fermented malt
beverage license, at all times, the licensee, members of the licensee’s
immediate family who have attained the legal drinking age, and/or some person
who shall have an operator’s license and who shall be responsible for the acts
of all persons serving as wait staff, or in any other manner, who shall be
engaged in the service of any fermented malt beverages to customers. No alcohol or fermented malt beverages may be
served in any place operated under a Class “A” or Class “B” intoxicating liquor
license or Class “B” fermented malt beverage license unless there is present a
person possessing an operator’s license as required by Section 7.20.20 of this
code.
(e)
Health and Sanitation Regulations. The rules and regulations of the State Board of Health
governing sanitation in restaurants shall apply to all Class "B"
liquor licenses issued under this Chapter. No Class "B" license shall
be issued unless the premises to be licensed conform to such rules and
regulations.
(f)
Clubs. No club
shall sell or give away any intoxicating liquors except to bona fide members
and guests invited by members.
(g)
Gambling Prohibited.
No gambling or game of chance of any sort shall be permitted in any form upon any
premises licensed under this Chapter or the laws of the State of Wisconsin,
except as authorized by State law.
(h)
Credit Prohibited.
No retail Class "A" or Class "B" liquor or fermented malt
beverage licensee shall sell or offer for sale any alcohol beverage to any
person or persons by extending credit, except hotel credit extended to a
resident guest or a club to a bona fide member. It shall be unlawful for such
licensee or permittee to sell alcohol beverages to any person on a passbook or store order or to receive from
any person any goods, ware, merchandise or other articles in exchange for
alcohol beverages.
(i)
Licensee or Permittee Responsible for Acts of Help. A violation of this Chapter by a duly authorized agent or
employee of a licensee or permittee under this Chapter shall constitute a
violation by the licensee or permittee. Whenever any licensee or permittee
under this Chapter shall violate any portion of this Chapter, proceedings for
the suspension or revocation of the license or permit of the holder thereof may
be instituted in the manner prescribed in this Chapter.
(j)
Improper Exhibitions.
It shall be unlawful for any person to perform, or for any licensee or manager
or agent of the licensee to permit any employee, entertainer or patron to
engage in any live act, demonstration, dance or exhibition on the licensed
premises which:
(1)
Exposes his or
her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
or
(2)
Exposes any
device, costume or covering which gives the appearance of or simulates
genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
(3)
Exposes any
portion of the female breast at or below the areola thereof; or Engages in or
simulates sexual intercourse and/or any sexual contact, including the touching
of any portion of the female breast or the male and/or female genitals.
(k) Limitations on Other
Businesses; Class B Premises. No Class "B" license or permit may
be granted for any premises where any other business is conducted in connection
with the premises, except that this restriction does not apply if the premises
for which the Class "B" license or permit is issued is connected to
premises where other business is conducted by a secondary doorway which serves
as a safety exit and is not the primary entrance to the Class "B"
premises operating under a Class "B" license or permit. These
restrictions do not apply to any of the following:
(1)
A hotel.
(2)
A restaurant,
whether or not it is a part of or located in any mercantile establishment.
(3)
A bowling
alley or recreation premises.
(4)
A club,
society or lodge that has been in existence for six (6) months or more prior to
the date of filing application for the Class "B" license or permit.
Annotation:
See Colonnade Catering Corp. v.
(l) Limitations on Other Businesses; "Class A"
and "Class C" Licenses.
No "Class A" or "Class C" License or permit may be
granted for any premises where any other business is conducted in connection
with the premises, except this restriction does not apply if the premises for
which the license or permit is issued is connected to a retail grocer or
similar facility limited to the general sale of food products. Specifically, and without limitation by
enumeration herein, this prohibition shall apply to the following:
(1) Convenience Stores.
(2) Other Stores where commodities are sold
such as gasoline, pharmaceuticals, cosmetics, or other non-food products.
(3) Drug Stores and Pharmacies
(a)
Legislative Findings.
The Common Council of the City of Glendale hereby finds as a fact that the
conducting of retail businesses between the hours of 2:30 a.m. and 5:00 a.m.
increases the likelihood of robbery and other criminal activity and that the mandatory closing of such business establishments
between such hours will promote public safety, will assist the function of law
enforcement within the City and, therefore, legislation to this effect is
necessary and in the public interest.
(b)
Hours. No person,
firm, corporation or other organization, except as hereinafter set forth, shall
conduct retail business between the hours of 2:30 a.m. and 5:00 a.m. within the
City of Glendale, including any business requiring the issuance of a Class A or
Class B liquor or beverage license, and further including any business wherein
food or beverage are sold or distributed for the purpose or intent of
consumption upon the premises. No person other than an employee of a Class B
licensed premises may be on the premises during closed hours. Employees on the premises during closed hours
shall not consume fermented malt beverages or intoxicating liquors.
(c)
Exceptions.
(1)
This Section
shall not be applicable to lodging accommodations and operations of hotels,
motels and rooming houses but shall be applicable to any bar or restaurant
portion of such business.
(2)
This Section
does not apply to all-night gas stations or groceries wherein the sale of fuel,
non-alcoholic beverages or food shall occur with the intent that consumption
occur away from the premises.
(3)
This Section
shall not apply to any business wherein other specific hour restrictions are
imposed or allowed by federal, state or municipal law.
(d) Violations. In
addition to any injunctive relief, the City shall have the authority to deny
any use and occupancy permits, operations licenses, alcohol or beverage
licenses and, in addition, any person, including an owner, operator, employee,
agent, customer, patron or frequenter violating the provisions of this Chapter
shall be subject to a forfeiture of not more than One Thousand Five Hundred
Dollars ($1,500.00) and, upon default of payment, may be imprisoned not more
than ninety (90) days in the Milwaukee County House of Corrections.
(a)
Restrictions on Special Class "B" Fermented Malt
Beverage Special Event Licenses. It shall be unlawful for any
person or organization on a temporary. basis to sell or offer to sell any
alcohol beverage upon any City-owned property. or privately-owned property
within the City of
(1)
Compliance
with Eligibility Standards. The
organization shall meet the eligibility requirements of a bona fide club,
association, lodge or society as set forth in Section 125.26(6), Wis. Stats.,
and shall fully comply with the requirements of this Section and Section
11.5.1.
(2)
Posting of
Signs and Licenses. All
organizations issued a liquor license shall post in a conspicuous location at
the main point of sale and at all remote points of sale a sufficient number of
signs stating that no fermented malt beverage shall be served to any under-age
person.
(3)
Underage
Persons Prohibited. No underage
persons as defined by the Wisconsin Statutes shall be allowed to assist in the
sale of fermented malt beverage at any point of sale, nor shall they be allowed
to loiter or linger in the area of any point of sale.
(4)
Licensed
Operators Requirement. A licensed
operator shall be stationed at all points of sales at all times. The Council
may require that police officers be employed to monitor the event.
(5)
Permitted Cups
or Cans Only. Intoxicants will be
sold outside only in foam or plastic cups, or cans.
(6)
Auxiliary
Police Protection: Posting of Surety.
a.
Any person
applying for a special gathering permit or a special Class "B" picnic
license shall pay the required fee and shall be responsible for paying the cost
of auxiliary police protection for the event. He shall deposit with the City
Clerk, as surety for payment of auxiliary police protection, the cost of
providing such protection. The Chief of Police, or his designee, shall have the
authority and the discretion to designate the number of auxiliary police assigned
to a particular gathering and shall take into account the time, place, number
of persons, impact upon traffic and public safety and the nature and type of
gathering.
b.
The applicant
posting such surety shall pay any costs above the surety amount within thirty
(30) days of billing and shall be entitled to a refund for such sums not
actually expended for such protection upon presenting a demand for such refund
to the City Clerk within sixty (60) days of the end of the picnic or gathering.
(7) Insurance. The applicant for a special Class
"B" fermented malt beverage license may be required to indemnify,
defend and hold the City and its employees and agents harmless against all
claims, death of any person or any damage to property caused by or resulting
from the activities for which the permit is granted. As evidence of the
applicant's ability to perform the conditions of the permit, the applicant may
be required to furnish a Certificate of Comprehensive General Liability
insurance with the City of
(b) Class "B"
Licenses Allowing Special Events. Notwithstanding the prohibitions
contained in Subsection (a) above, a Class "B" license previously
granted by the Common Council of the City of Glendale that allows the licensee
to serve fermented malt beverages or wine on the premises, but within the
licensed structure, shall forthwith be amended to permit the licensee to serve
fermented malt beverages or wine outside of the licensed structure, if and only
if, the Class "B" license holder complies with all of the applicable
requirements enumerated in Subsection (a) above for each and every such outdoor
event or gathering at which fermented malt beverages or wine are being served.
Cross
Reference: Section 11.5.1.
(a)
Required for Outdoor Consumption. No licensee shall permit the consumption of alcohol
beverages on any part of the licensed premises not enclosed within the
building, except under permit granted by the Common Council. The permits are a
privilege in which no rights vest and, therefore, may be revoked by the Common
Council at its pleasure at any time or shall otherwise expire on June 30 of
each year. No person shall consume or have in his or her possession alcohol
beverages on any unenclosed part of a licensed premises which is not described
in a valid
(b)
Limitations on Issuance of
(c)
Adjoining Property Owners to be Notified of Pendency of
Applications. All property owners
within one hundred fifty (150) feet of the proposed beer garden shall be
notified of the pendency of application for a
(d)
State Statutes Enforced Within
Cross Reference: Section 7-2-4(e)
(a)
Revocations, Suspensions, Refusing to Issue or Renew;
Additional Procedural Provisions.
Any license holder violating any provisions of the Chapter or any provisions of
any section of the Wisconsin Statutes adopted by reference herein shall, in
addition to the penalties provided by state law and Section 1.1.7, be subject
to revocation or suspension of his/her license or refusal to renew the same as
provided in Sec. 125.07 or 125.12, Wis. Stats., as may be applicable.
(b)
Additional Procedural Provisions. In case a request is made by the licensee for a written
transcript of the hearing, the licensee shall deposit with the City the sum of
Fifty Dollars ($50.00) to insure payment by him of the cost of such transcript.
(c)
Abandonment of Premises.
Any licensee holding a license to sell alcohol beverages who abandons such
business shall forfeit any right or preference he may have to the holding of or
renewal of such license. Abandonment shall be sufficient grounds for revocation
of any alcohol beverage license. The loss or non-use of the licensed premises
for at lease six (6) months shall be prima facie evidence of the abandonment,
unless extended by the Common Council. All persons issued a license to sell
alcohol beverages in the City for which a quota exists limiting the number of
such licenses that may be issued by the City shall cause such business
described in such license to be operated on the premises described in such
license for at least one hundred fifty (150) days during the terms of such
license, unless such license is issued for a term of less than one hundred
eighty (180) days, in which event this Subsection shall not apply.
(d)
Repossession of License or Permit. Whenever any license or permit under this Chapter shall be
revoked or suspended by the Common Council or action of any court, it shall be
the duty of the Clerk to notify the licensee or permittee of such suspension or
revocation and to notify the Chief of Police who shall take physical possession
of the license or permit wherever it may be found and file it in the Clerk’s
office.
ARTICLE B Operator’s License
There shall be upon the premises
operated under a Class “A” or Class “B” intoxicating liquor license or Class
“B” fermented malt beverage license at all times the licensee or some other
person who shall have an operator's license and who shall be responsible for
the acts of all persons serving or selling any intoxicating liquor or fermented
malt beverages to customers. No person shall
serve or sell intoxicating liquor in any place operated under the Class “A,”
Class “B,” or Class “B” fermented malt beverage licenses unless he/she shall
possess an operator’s license, or is in the presence of a person holding an
operator’s license. In addition thereto,
all management staff, and all wait staff working on average over 32 hours per
week, shall be required to possess an operator’s license whether or not there
are others possessing an operator’s license on premise during business hours. It shall further be required that all
part-time wait staff, as a condition of being able to sell or serve in the
presence of one holding an operator’s license, shall have taken and completed
the State Responsible Server’s course, or such successor program as from
time-to-time may be adopted by the State.
State
Law Reference: Section 125.17,
The
City Clerk may issue an operator's license, which license shall be granted only
upon application in writing on forms to be obtained from the City Clerk, and
only. to persons eighteen (18) years of age or older. Operator's licenses shall
be operative only within the limits of the City and shall be issued subject to
the provisions of Sections 7-2-8 and 7-2-9 of this Code of Ordinances
pertaining to fermented malt beverage and intoxicating liquor licenses. Denial
of issuance by the City Clerk shall be appealable upon the request of the
applicant if made within thirty (30) days of denial. The Legislative and Judiciary
Renew Committee shall hear the appeal within thirty (30) days of its filing,
and shall have authority to affirm denial or issue such operator's license
subject to all applicable state and local requirements.
Licenses
issued under the provisions of this Chapter shall be valid for a period of one
(1) or two (2) years and shall expire on the thirtieth (30th) day of June.
(a)
Fee. The fee for
an operator's license shall be Seventy-Five Dollars ($75.00) for two (2) years.
(b)
Provisional License.
The City Clerk may issue provisional operator's licenses in accordance with
Sec. 125.17(5), Wis. Stats., at a cost of Twenty Dollars ($20.00) per license
so issued. The provisional operator's license shall expire sixty (60) days
after its issuance or when an operator's license is issued to the holder,
whichever is sooner. A provisional license may not be issued to any person who
has been denied an operator's license by the Common Council or who has had his
operator's license revoked or suspended within the preceding twelve (12)
months. The City Clerk shall provide an appropriate application form to be
completed in full by the applicant. The City Clerk may revoke the provisional
license issued if he discovers that the holder of the license made a false
statement on the application.
(c)
Temporary Operator’s License. The City Clerk may issue a temporary operator’s license to
an individual, provided he is otherwise qualified for an operator’s license,
who has enrolled in, but has not yet completed, a responsible server training
course, provided the person meets all other qualifications for an operator’s
license. Such license shall not be for more than six (6) months.
The
Common Council shall be deemed to approve the granting of an operator’s license
if such license meets all statutory criteria, is not met with objection by the
Police Department or any other City staff or Department Head having
jurisdiction to review, and if approval of issuance is authorized by the City
Administrator or his designate. Such licenses shall be issued and numbered in
the order they are granted and shall give the applicant’s name and address and
the date of expiration of such license. Nothing in this Section shall be deemed
to remove from the Common Council the authority to review license appeals, or
licenses to which an objection to the Police Department or any other City
department head has been interposed.
Each
license issued under the provisions of this Chapter shall be posted on the
premises whenever the operator dispenses beverages or the operator shall have
in his possession a wallet license card.
Violation
of any of the terms or provisions of the State law or of this Chapter relating
to operator’s licenses by any person holding such operator’s license shall be
cause for suspension or revocation of the license as provided in Secs. 125.07
or 125.12, Wis. Stats., as may be applicable. The review and determination as
to the occurrence of such violation, and the imposition and appropriateness of
suspension or revocation, shall be by the Legislative, Judiciary and Finance
Committee, whose determination shall be final subject to direct appeal to the
Circuit Court.
ARTICLE C Penalties
(a)
Forfeitures
for violations of Sections 125.07(1)-(5) and 125.09(2) of the Wisconsin
Statutes, adopted by reference in Section 7-2-1 of the Code of Ordinances of
the City of
(b)
Any person who
shall violate any provision of this Chapter of the Code of Ordinances of the
City of Glendale, except as otherwise provided in Subsection (a) herein or who
shall conduct any activity or make any sale for which license is required
without a license, shall be subject to a forfeiture as provided in the general
penalty section of this Code of the City of Glendale.
(c)
Nothing hereto
shall preclude or affect the power of the sentencing court to exercise
additional authorities granted by the Wisconsin Statutes.
7.3.1 Cigarette
License
7.3.2 Restrictions
on the
(a)
License Required.
No person, firm or corporation shall, in any manner, directly or indirectly,
upon any premises, or by any device, sell, exchange, barter, dispose of or give
away, or keep for sale, any cigarette, cigarette paper or cigarette wrappers,
or any substitute therefor, without first obtaining a license as hereinafter
provided.
(b)
Application for License;
Fee. Every person, firm or corporation desiring a license under this Section
shall file with the City Clerk a written application therefor, stating the name
of the person and the place for which such license is desired. Each license
shall be filed by the City Clerk and shall name the licensee and the place
wherein he is authorized to conduct such business, and the same shall not be
delivered until the applicant shall pay to the City Clerk a license fee as prescribed
in Section 7-17-1.
(c)
Issuance and Term of License. Licenses for the sale, exchange, barter, disposition of,
or giving away or keeping for sale of cigarette paper or cigarette wrappers or
any substitute therefor shall be issued by the City Clerk. State Law Reference: Section 134.65,
Section
134.66(1) through (4), Wis. Stats., prescribing restrictions on the sale or
gift of cigarette or tobacco products is adopted by reference, including any
future amendments, revisions, or modifications.
7.4.1 Registration
and Permit Required
7.4.2 Definitions
7.4.3 Exemptions
7.4.4 Registration
7.4.5 Investigation
7.4.6 Appeal
7.4.7 Regulation of
Transient Merchants, Permanent Merchants and Charitable Organizations
7.4.8 Records
7.4.9 Revocation
of Registration/Permit
7.4.10 Penalty
7.4.11 Personal
Property Taxes; Penalty for Late Filing
(a)
Registration/Permit Requirement. It shall be unlawful for any transient merchant to engage
in sales or sales activities within the City of
(b)
Permit Fees.
The applicant for a transient merchant's permit shall pay to the City Clerk,
prior to the filing of his application, a fee as prescribed in Section 7-17-1.
State
Law Reference: Sec. 66.083,
In this Chapter:
(a)
Transient Merchant
means any person, who for him/herself or for a partnership, association or
corporation, engages in the retail sale of merchandise at any place in this
state temporarily, and who does not intend to become and does not become a permanent
merchant of such place. For purposes of this Section, sale of merchandise
includes a sale in which the personal services rendered upon or in connection
with the merchandise constitutes the greatest part of value for the price
received, but does not include a farm auction sale conducted by or for a
resident farmer of personal property used on the farm, or the sale of produce
or other perishable products at retail or wholesale by a resident of this
state.
(b)
Permanent Merchant
means any person who, for at least one (1) year prior to the consideration of
the application of this Chapter to said merchant:
(1)
Has
continuously operated an established place of business in this City or in the
local trade area among the communities bordering the City of
(2)
Has
continuously resided in this City and now does business from his/her residence.
(c)
Merchandise
shall include personal property of any kind, and shall include merchandise,
goods, or materials provided incidental to services offered or sold. The sale
of merchandise includes donations required by the seller for the retention of
goods by a donor or prospective customer.
(d)
Charitable Organization
shall include any benevolent, philanthropic, patriotic or eleemosynary person,
partnership, association or corporation, or one purporting to be such.
(e)
Clerk shall mean
the City of
(f)
Person or Individual
shall mean all humans of any age or sex, partnerships, corporations,
associations, groups, organizations and any other description of a collection
of human beings working in concert or for the same purpose or objective.
The
following shall be exempt from all provisions of this Chapter:
(a)
Any person
delivering newspapers, fuel, dairy products or bakery goods to regular
customers on established routes;
(b)
Any person
selling goods at wholesale to dealers in such merchandise;
(c)
Any permanent
merchant or employee thereof who takes orders away from the established place
of business for merchandise regularly offered for sale by the merchant within
this City and who delivers such merchandise in their regular course of
business;
(d)
Any person who
has an established place of business where the merchandise 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;
(e)
Any person who
has had, or one who represents a company which has had, a prior business
transaction, such as a prior sale or credit arrangement, with the prospective
customer;
(f)
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;
(g)
Any person who
claims to be a permanent merchant, but against whom complaint has been made to
the City Clerk that such person is a transient merchant, provided that there is
submitted to the City Clerk proof that such person has leased for at least one
(1) year, or purchased, the premises from which he is conducting business, or
proof that such person has conducted such business in this City for at least
one (1) year prior to the date complaint was made.
(h)
This Chapter
does not apply to transient merchants while doing business at special events
authorized by the Common Council.
(i)
This Chapter
does not apply to Transient Merchants while doing business with the permission
of, and upon the premises of, existing retail establishments, which
establishments are located within zoning districts allowing retail sales, and
having occupancy permits allowing retail sales operations, provided such
Transient Merchants do business within the enclosed building structure. This
exemption shall apply only to establishments and buildings wherein any sales
conducted pursuant to this exemption are of the same type and nature as sales
generally occurring therein, and provided further that the primary business of
the establishment is retail sales. This exemption specifically shall not apply
to hotels and motels.
(a)
Application.
Applicants for registration and permit must complete and return to the Police Department
a registration form furnished by the Police Department which shall require the
following information:
(1)
Name,
permanent address and telephone number, and temporary address, if any;
(2)
Height,
weight, color of hair and eyes, and date of birth;
(3)
Name, address
and telephone number of the person, firm, association or corporation that the
transient merchant represents or is employed by, or whose merchandise is being
sold;
(4)
Temporary
address and telephone number from which business will be conducted, if any;
(5)
Nature of
business to be conducted and a brief description of the merchandise offered and
any services offered;
(6)
Proposed
method of delivery of merchandise, if applicable;
(7)
Make, model
and license number of any vehicle to be used by applicant in the conduct of his
business;
(8)
Last cities,
villages, towns, not to exceed three (3), where applicant conducted similar
business just prior to making this registration.
(9)
Place where
applicant can be contacted for at least seven (7) days after leaving this City;
(10)
Statement as
to whether applicant has been convicted of any crime or ordinance violation
related to applicant's transient merchant business within the last five (5)
years, the nature of the offence and the place of conviction.
(11)
Such
additional information as the Glendale Police Department shall require for the
effective enforcement of this Section and the safeguarding of the residents of
the City from fraud, misconduct or abuse.
(b)
Required Information.
Applicants shall present to the Police Department for examination:
(1)
A driver's
license or some other proof of identity as may be reasonably required by the
Chief of Police, or his designee;
(2)
A state
certificate of examination and approval from the sealer of weights and measures
where applicant's business requires use of weighing and measuring devices
approved by state authorities;
(3)
A state health
officer's certificate where applicant's business involves the handling of food
or clothing and is required to be certified under state law; such certificate
to state that applicant is apparently free from any contagious or infectious
disease, dated not more than ninety (90) days prior to the date the application
for license is made.
(c)
Service of Process.
(1)
The applicant
shall sign a statement appointing the City Clerk his agent to accept service of
process in any civil action brought against the applicant arising out of any
sale or service performed by the applicant in connection with the direct sales
activities of the applicant, in the event the applicant cannot, after
reasonable effort, be served personally.
(2)
Upon payment
of said fee and the signing of said statement, the City Clerk shall register
the applicant as a direct seller and date the entry. Said registration shall be
valid for a period of one (1) year from the date of entry, subject to
subsequent refusal as provided in Section 7-4-5(b) below.
(d)
Numbered Permit.
All permits shall be numbered in the order in which they are issued and shall
state clearly the place where the business may be carried on, the kind of
goods, wares and merchandise to be sold, disposed of or contracted for, the
dates of issuance and expiration of permit, the fee paid and the name and
address of the licensee and all employees covered by said permit, and the date
of revocation of said permit. Such permit shall automatically expire on January
1 following the date of issuance of such permit. No permit shall be granted to
a person to whom a license has been refused or who has had a permit which has
been revoked shall make further application until a period of at least six (6)
months shall have elapsed since the last previous rejection or revocation,
unless he can show that the reason for such rejection or revocation no longer
exists. Every permit holder, while exercising his permit, shall post his permit
in a conspicuous place on the premises or his person and shall exhibit the same
upon demand of any officer, or a customer or prospective vendee. A permit shall
not be assignable and any holder of such permit who allows it to be used by any
other person shall be guilty of a violation of this Section. When- ever a
permit shall be lost or destroyed, a duplicate in lieu thereof under the
original application may be issued by the City Clerk upon the filing with said
Clerk by the permit holder of an affidavit setting forth the circumstances of
the ~ loss and what, if any, search has been made for its recovery and upon the
payment of a fee of Two ($2.00) Dollars.
(e)
Mutilation of Permit.
On the expiration of the permit, the holder shall surrender the same to the
Chief of Police. It shall be unlawful for any person to alter or change in any
manner any permit issued under the provisions of this Section, and such
alterations or the failure of the holder of the same to display the permit in a
conspicuous place on the premises or to exhibit the same upon demand of any
officer or customer or prospective vendee shall be cause for revocation of such
permit.
(a)
Upon receipt
of each application, the Police Department shall make and complete an
investigation of the statements made in such registration. The Chief of Police,
or his designee, shall endorse his approval or disapproval upon said
application within seventy-two (72) hours after the investigation has been
completed and shall issue or deny the permit in accordance with his findings
after presentation by the applicant of a receipt of the City Treasurer showing
payment of the required fee.
(b)
The Police
Department shall refuse to register the applicant if it is determined, pursuant
to the investigation above, that the application contains any material omission
or materially inaccurate statement; complaints of a material nature have been
received against the applicant by authorities in the last cities, villages and
towns, not exceeding three (3), in which the applicant conducted similar
business; the applicant was convicted of a crime, statutory violation or
ordinance violation within the last five (5) years, the nature of which is
directly related to the applicant's fitness to engage in direct selling; or the
applicant failed to comply with any applicable provision of Section 7-4-4(b)
above.
Any
person denied registration may appeal the denial through the appeal procedure
provided by ordinance or resolution of the Common Council or, if none has been
adopted, under the provisions of Secs. 68.07 through 68.16,
(a)
Prohibited Practices.
(1)
The transient
merchant, permanent merchant and charitable organization shall be prohibited
from:
a.
Calling at any
dwelling or other place after 9:00 p.m. except by appointment;
b.
Calling at any
dwelling or other place where a sign is displayed bearing the words "no
peddlers", "no solicitors" or words of similar meaning;
c.
Calling at the
rear door of any dwelling place; or remaining on premises after being asked to
leave by the owner, occupant, or any other person having authority over such
premises.
(2)
A transient
merchant, permanent merchant, or charitable organization shall not misrepresent
or make false, deceptive or misleading statements concerning the quality,
quantity or character of any goods offered for sale, the purpose of his/her
visit, his/her identity or the identity of the organization he/she represents.
A charitable organization, transient merchant or permanent merchant shall
specifically disclose what portion of the sale price of goods being offered
will actually be used for the charitable purpose for which the organization is
soliciting. Said portion shall be expressed as a percentage of the sale price
of the merchandise.
(3)
No transient
merchant, permanent merchant, or charitable organization shall impede the free
use of sidewalks and streets by pedestrians and vehicles. Where sales are made
from vehicles, all traffic and parking regulations shall be observed.
(4)
No transient
merchant, permanent merchant, or charitable organization shall make any loud
noises or use any sound amplifying device to attract customers if the noise
produced is capable of being plainly heard outside a one hundred (100) foot
radius of the source.
(5)
No transient
merchant, permanent merchant, or charitable organization shall allow rubbish or
litter to accumulate in or around the area in which he/she is conducting
business.
(6)
The City Clerk
shall issue a Solicitor's Registration Identification to each person submitting
a properly and truthfully completed registration application, which
Registration Identification shall be valid for a period of one (1) year from
the date of entry, subject to subsequent refusal as provided in Section
7-4-5(b).
(7)
During actual
solicitation, each registered solicitor shall carry the Registration
Identification signed by the City Clerk, evidencing the fact that the solicitor
is registered to solicit within the City of
(b)