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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