98-1190ORDINANCE NO. 98- 1190
An ordinance establishing a Weights and Measurements Program to include the administration, the
payment of testing fees, and enforcement of this ordinance and ch. 98, Wis. Stats. and any related laws,
rules, and codes and to provide fee setting standards and establishing forfeitures and penalties for non-
compliance and violations of this ordinance with a forfeiture of not less than $30.00 nor more than
$500.00 for each violation, together with the costs of prosecution, and upon default in payment of such
forfeitures incarceration in the Rock County Jail for not more than sixty (60) days, injunctive relief and
other appropriate legal and equitable remedies.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Chapter 5.86 of the Code of General Ordinances of the City of Janesville is hereby created
to read as follows:
CHAPTER 5.86
WEIGHTS AND MEASUREMENTS PROGRAMI
Sections:
5.86.010 Adoption of State Weights and Measurements Program.
5.86.020 Definitions
5.86.030 Participation Required
5.86.040 Assessment/Costs/Fees
5.86.050 Non- Payment/Non-Compliance/Enforcement
5.86.060 Violations--Penalties
5.86.010 Adoption of State Weights and Measurements Program.
The provisions of Wisconsin Statute Section 98.04, inclusive of the Wisconsin Statutes and any
applicable Wisconsin Administrative Codes, each as from time to time amended and renumbered,
describing and defining regulations and procedures with respect to weights and measurements, are hereby
adopted and by reference made a part of this Chapter as if fully set forth herein. Any act required to be
performed or prohibited by any statute or code so incorporated by reference is required or prohibited by
this Chapter. Any future amendments, revisions or modifications of such statutes and administrative
codes incorporated by this Chapter are also adopted and incorporated herein.
5.86.020 Weights and Measures -Definitions
A. "Commercial weighing device" or "measuring device" are those devices used or
employed in establishing the size, quantity, extent, area or measurement of quantities, things, produce or
~ For Statutory provisions authorizing a municipality to regulate, administer and charge
for the weights and measurements program, see Wis. Stat Sec. 98.04 as from time to time
amended, revised, and or renumbered.
articles for sale, hire or award, or in computing any basic charge or payment for goods or services
rendered on the basis of weight or measure.
B. "Weights and Measures Program" includes the administration and enforcement of this
Chapter and Wisconsin Statute Section 98.04 and any related sections and Wisconsin Administrative
Code section, as from time to time amended and renumbered.
C. "Testing Entity" is the City of Janesville or any other person, business organization, or
any other entity, including the State of Wisconsin, under contract with the City of Janesville, that
provides testing and related services for the City of Janesville Weights and Measures program.
D. "Occasional Sale" is an isolated and sporadic sale which takes place where the
infrequency, in relation to the other circumstances, supports the inference that the seller is not pursuing a
vocation, occupation or business or a partial vocation or occupation or part-time business as a vendor of
items subject to weights and measures as covered by this Chapter. Such occasional sale shall be for
special events or temporary events operating infrequently and not at a regular and/or permanent location
for conducting transactions requiring the use of weighing or measuring devices.
5.86.030 Participation Required.
A. Except as provided in par. B. and C. of this section, each and every person, corporation,
limited liability corporation, limited liability partnership, business, group, organization or other entity
who holds, owns, possesses, operates and/or maintains weights and measures, weighing or measuring
devices and/or systems and accessories relating thereto which are used commercially within the City of
Janesville in determining the weight, measure, count or cost of commodities or things sold or offered or
exposed for sale on the basis, of weight, measure or count is deemed to be a participant in the City of
Janesville Weights and Measures Program subject to the provisions of this Chapter.
B. Occasional sales are exempt from the provisions of this Chapter.
C. Devices tested under the jurisdiction of another municipality or a non-City of Janesville
related testing program by the State of Wisconsin and used temporarily in the City of Janesville for no
more than five consecutive days per year are exempt under this section from the provisions of this
Chapter.
5.86.040 Assessment/Costs/Fees.
A. The City of Janesville Clerk-Treasurer and/or his/her designee shall annually assess costs
and fees to each participant holding, owning, possessing, operating, and/or maintaining such devices and
utilizing the services provided in this Chapter based on the number of weighing and measuring devices
held as of the date of the last inspection and testing of such devices. Such assessments shall be
determined no later than ninety (90) days from the receipt of any billing received by the City of Janesville
from the State of Wisconsin or other testing entity relating to weights and measurement testing and
calibration. The total of the costs and fees assessed and collected shall not exceed the actual costs of the
weights and measures program billed to the City together with a fifteen percent (15%) City
administration cost which shall be added thereto. Such total assessment shall then be divided and
assessed proportionally against each and every person, corporation, limited liability corporation, limited
liability partnership, business, group, organization or other entity tested which gave rise to the City's
expense.
B. The City of Janesville Clerk-Treasurer and/or his/her designee shall prepare a statement
of assessments and mail to each participant said statement together with an invoice for the amount of the
participant's assessment. Invoices shall be mailed by first class mail no later than thirty (30) days after
the assessments have been determined as set forth in paragraph A. of this section. This will be the per
device fee. The charge to each participant shall be based on the total number of devices it holds, owns,
possesses, operates or maintains, multiplied by the proportionately distributed individual assessment
amount.
C. Each and every participant who is subject to inspection and testing and/or holds, owns,
possesses, operates or maintains, devices subject to inspection and testing is subject to this Chapter, liable
for said assessment and the payment of such assessments, and shall pay to the City of Janesville the fee
it's assessed no later than thirty (30) days from the date the invoice is mailed.
D. Schedules, statements, notices and invoices shall be considered mailed to a participant
when mailed by first class mail to the location where the device was held, owned, possessed, operated,
maintained, and/or tested.
5.86.050 Non- Payment/ Non-Compliance/Enforcement
In the event that the assessed fee is not paid in full by the assessed participant within thirty (30)
days of the mailing of the invoice, the Clerk-Treasurer may charge and levy the amount of such unpaid
assessment or part thereof or allocate such unpaid assessment(s) against the participant's tax bill if not
paid before the next immediately following first day of October. Any assessment fee or part thereof not
paid within thirty (30) days of invoicing, shall accrue interest at the rate of one percent (1%) per month
upon the outstanding delinquency until paid in full. In addition, failure to pay within the thirty (30) days
of the mailing of the invoice constitutes a violation of this ordinance.
5.86.060 Violations--Penalties.
A. Any person who violates any of the provisions of this chapter shall forfeit and pay to the
City, as and for a penalty, a forfeiture in the following dollar amounts, together with the costs of
prosecution for each offense, and in default of the payment of such penalty shall be imprisoned for not
more than sixty days for each unpaid forfeiture in addition to such other penalties, remedies, sanctions
and relief as may be, from time to time, provided by law:
1. For a first offense, a forfeiture of not less than thirty dollars but not more than
five hundred dollars.
2. For a second offense, a forfeiture of not less than fifty dollars but not more than
five hundred dollars,
3. For a third offense, a forfeiture of not less than seventy dollars but not more than
five hundred dollars.
4. For a fourth and subsequent offense, a forfeiture of not less than one hundred
dollars but not more than five hundred dollars.
5. In addition to the imposition of forfeiture(s), the City may request and the court
may grant injunctive relief, abatement, mandamus and such other equitable relief
and orders as the court may deem appropriate to terminate the violation(s).
Each occurrence shall constitute a separate violation.
Each day's continuance of a violation shall constitute a separate offense.
ADOPTED: May 26, 1998
EFFECTIVE DATE: July 1, 1998 contract year.
APPROVED:
Steven E. Sheiffer, City Manager
ATTEST:
Jean Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney
Proposed by: Code Administration Director
City Clerk-Treasurer
Prepared by: Assistant City Attorney
MOTION BY: Noll
SECOND SY: O'Leary
COUNCIL MEMBER AYE NAY PASS ABSENT
BRIEN X
O'LEARY X
STEHURA X
WESTPHAL X
MURPHY X
NOLL X
SCHNEIDER X