SECTION IV – SUBDIVISION AND NUMBERING OF THIS ORDINANCE
This ordinance is divided into sections designated by uppercase Roman numerals. Sections may be divided into subsections designated by uppercase letters. Subsections may be divided into paragraphs designated by numbers. Paragraphs may be divided into subdivisions designated by lowercase letters. Subdivisions may be divided into subdivision paragraphs designated by lowercase Roman numerals. Reference to a “section,” “subsection,” “paragraph,” or “subdivision” includes all divisions of the referenced section, subsection, paragraph, or subdivision.
SECTION V – COVERAGE
A. No person, without a proper license issued by the Town Board of the Town of ________, under this ordinance, except for those persons exempt under Section VII of this ordinance, shall travel from place to place within the Town of ________ offering the sale of property that he or she carries with him or her, who goes from place to place within the Town of ________ soliciting orders for services or goods to be provided in the future, or who engages in, at a fixed location within the Town of ________, a temporary business of selling property or services at that location in the Town of ________. Persons engaging in these activities are transient merchants within the meaning of this ordinance.
B. The fee for the license shall be established annually by resolution of the town board prior to ________ ___. A license shall be issued annually from January 1 until December 31 unless the town board establishes and issues a license for a shorter duration. The license shall be issued to the person by the town clerk, or his or her designee, prior to any person soliciting orders, offering sales, or engaging in a business covered by this ordinance in the Town of ________.
SECTION VI – APPLICATION/LICENSE
The application and license shall designate the legal area in the Town of ________ where sales efforts by the applicant/licensee may occur. The license shall not be transferable to another person. The license shall be shown to any resident in the Town of ________ if the licensee is requested to demonstrate his or her license. The applicant shall, prior to issuance of any license, provide to the town clerk a driver’s license or some other proof of identity as the town clerk may require. The application shall include all of the following:
A. The name of the applicant.
B. The address of the applicant.
C. The residential and business telephone number, facsimile number, and e-mail address of the applicant, if any.
D. The height, weight, hair color, and eye color of the applicant.
E. The nature of the sales business.
F. The areas in the Town of ________ where solicitation will occur.
G. A general description of the property or services to be offered for sale.
H. Any references, certificates, articles, resumes, affidavits, and recommendations to demonstrate the good character and honesty of the applicant.
I. Any references, certificates, articles, affidavits, and recommendations to demonstrate the quality of the product or service to be sold.
J. The applicant’s residency for the last ____ years.
K. The names, addresses, and telephone numbers of 2 character references.
L. The make, model, and license number of any motor vehicle to be used in conduct of the sales business.
SECTION VII – EXEMPTIONS
The following persons, uses, and activities are exempt from the provision of this ordinance:
A. Wholesalers selling personal property at wholesale to dealers, distributors, or retainers.
B. Newspaper, periodicals, fuel, dairy products, or bakery goods delivery people.
C. Children under 18 years of age who are residents of the Town of ________.
D. Town merchants or employees of those merchants taking orders for or delivering goods in the regular course of business in the Town of ________.
E. Farmers and truck gardeners offering for sale agricultural perishable products that were raised or cultivated by them.
F. A veteran holding a state license under s. 440.82 (2), Wis. stats. G. Sales in the Town of ________ required by statute or court order.
H. Auction sales in the Town of ________ conducted for public purchase under state law.
I. Sales of services or property in the Town of ________ conducted under another Town of ________ license or permit.
SECTION VIII – ORDINANCE/LICENSE
A. Any person subject to this ordinance shall comply with this ordinance and all state laws and rules regarding the sale of property and services in the Town of ________.
B. The applicant and any other person subject to this ordinance shall be subject to all of the following:
1. No person shall be issued or reissued a license until the appropriate application fee has been paid to the town clerk.
2. No person shall be issued or reissued a license who has failed to properly and fully complete and submit to the town clerk the application form as developed and provided by the town.
3. (Optional) No person residing outside of the State of Wisconsin shall be issued or reissued a license until that person files a $_____ surety bond with the town clerk that is approved by ________. The bond shall be provided to insure or partially insure that the applicant will comply with the Town of ________ ordinances and state laws and rules regulating transient merchants as defined in this ordinance, whether denominated as peddlers, haulers, canvassers, solicitors, transient merchants, or any other term, and to insure or partially insure that the applicant as a licensee will properly account for and apply any down payment money received by the licensee from any person in the Town of ________ and will properly provide delivery of goods or services purchased as represented by the licensee to any person in the Town of ________.
4. (Optional) No person, as a transient merchant, shall call upon any residential dwelling or other place in the Town of ________ between ____ p.m. and ____ a.m., except by appointment, nor upon the following days and holidays: [list days].
5. (Optional) No transient merchant shall call at any residential dwelling or other place in the Town of ________where a sign bearing the words “No Peddlers” or similar words appears upon or near the doors of the dwelling or other place.
SECTION IX – PENALTY PROVISION
Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this ordinance shall, upon conviction, pay a forfeiture of not less than $_____ nor more than $_____, plus the applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this ordinance. In addition, the town board may seek injunctive relief from a court of record to enjoin further violations.
SECTION IX – SEVERABILITY
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION XI – EFFECTIVE DATE
This ordinance is effective on publication or posting.
The town clerk shall properly post or publish this ordinance as required under s. 60.80, Wis. stats. Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: Towns in counties that have enacted an ordinance under s. 59.55 (4), Wis. stats., to regulate retail sales, other than auction sales, made by transient merchants and provide penalties for violations of those ordinances may not adopt a transient merchant ordinance. The following statutes affect this form: ss. 66.0435 and 101.935, Wis. stats. (ONLY for use by towns authorized to exercise VILLAGE POWERS under s. 60.22, Wis. stats.) STATE OF WISCONSIN
Town of ________
________ County
SECTION I – TITLE
This ordinance is entitled the Town of ________ Manufactured and Mobile Home Community License, Campground License, and Temporary or Seasonal Residence Permit Ordinance.
SECTION II – PURPOSE
The purpose of this ordinance is to regulate by license or permit the installation, maintenance, and parking of mobile homes, manufactured homes, and camping units in the town, the installation, construction, and maintenance of temporary or seasonal dwellings in the town, and the construction, installation, operation, and maintenance of manufactured and mobile home parks and campgrounds in the town to allow the town to monitor the development of property within the town in order to assure the proper assessment and taxation of and assessment of fees upon property within the town and to assure the provision of fire and other emergency services to residents within the town.
SECTION III – AUTHORITY
The town board has the specific authority under ss. 66.0435, and 101.935, Wis. stats., and the town’s village powers under s. 60.22, Wis. stats., to adopt and enforce this ordinance. SECTION IV – ADOPTION OF ORDINANCE
This ordinance, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, provides for the regulation by license or permit of the installation, maintenance, and parking of mobile homes, manufactured homes, and camping units in the town, the installation, construction, and maintenance of temporary or seasonal dwellings in the town, and the construction, installation, operation, and maintenance of manufactured and mobile home communities and campgrounds in the town.
SECTION V – DEFINITIONS
A. “Campground” means any parcel or tract of land in the town owned by a person, the state, or a local government, that is designed, maintained, intended, or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or by one to 3 camping units if the parcel or tract of land is represented as a campground.
B. “Camping unit” means any portable device, no more than 400 square feet in area, used in the town as a temporary or seasonal dwelling, including but not limited to a camping trailer, motor home, bus, van, truck, or tent.
C. “Closed construction” means any building, building component, assembly, or system manufactured in such a manner that it cannot be inspected before installation at the building site without disassembly, damage, or destruction.
D. “Manufactured and mobile home community” means a facility in the town where 2 or more of any combination of mobile homes, manufactured homes, manufactured dwellings, or camping units are installed or parked on a parcel for dwelling or sleeping purposes regardless of whether any charge is made for the accommodation, unless waived in writing by the town board.
E. 1. “Manufactured dwelling” means any structure or component of a structure that is intended for use as a dwelling and is any of the following:
a. Of closed construction that is fabricated or assembled on site or off site in manufacturing facilities for installation, connection, or assembly and installation at the building site; or
b. Of open construction that is made or assembled in manufacturing facilities away from the building site for installation, connection, or assembly and installation on the building site and for which certification is sought by the manufacturer.
2. “Manufactured dwelling” does not include any of the following:
a. A building of open construction that is not subject to paragraph 1. b.
b. A single- or double-width manufactured home or mobile home.
c. A camping unit.
F. 1. “Manufactured home” means a structure that is designed to be used as a dwelling with or without a permanent foundation and that is certified by the federal Department of Housing and Urban Development as complying with the standards established under 42 USC 5401 to 5425 and includes any additions, attachments, annexes, foundations, and appurtenances. 2. “Manufactured home” does not include any of the following:
a. A manufactured dwelling.
b. A camping unit.
G. “Mobile home” means a vehicle manufactured or assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction, which has an overall length in excess of 45 feet. “Mobile home” includes the mobile home structure, its plumbing, heating, air conditioning and electrical systems, all appliances and all other equipment carrying a manufacturer’s warranty, and any additions, attachments, annexes, foundations, and appurtenances. “Mobile home” does not include any camping unit.
H. “Motor home” means a motor vehicle designed to be operated upon a highway for use as a temporary or recreational dwelling and having the same internal characteristics and equipment as a mobile home.
I. “Open construction” means any building, building component, assembly, or system manufactured in such a manner that it can be readily inspected at the building site without disassembly, damage, or destruction.
J. “Temporary or seasonal dwelling” means any dwelling, cabin, shack, cottage, manufactured home, manufactured dwelling, mobile home, camping unit, or similar structure constructed, installed, parked, or maintained on a parcel of land in the town for temporary or seasonal human habitation, sleeping, lodging, shelter, or living quarters for recreation, camping, hunting, fishing, or travel on a temporary or seasonal basis. “Temporary or seasonal dwelling” does not include any of the following:
1. A structure or dwelling unit that has proper and lawful septic or sewage, water, and electrical connections attached to the dwelling to properly service the projected occupants.
2. A manufactured dwelling, mobile home, manufactured home, or camping unit that is used for permanent and year-round habitation, sleeping, lodging, shelter, or living quarters.
3. Any hotel, tourist rooming house, motel, inn, or bed and breakfast establishment as defined in s. 97.01 (1g), Wis. stats. 4. Any structure or dwelling constructed or installed and in compliance with the one- or 2-family dwelling code adopted under ch. 101, Wis. stats. 5. A multi-family dwelling unit, including any apartment, town house, condominium, row house, nursing home, jail, prison, or community-based residential facility that has installed, conducted, and maintained sufficient and proper and lawful septic or sewage, water, and electrical connections to properly service the projected occupants of these facilities, as determined in writing by the town board, and with sufficient and proper minimum sleeping room square footage and total square footage to properly service the projected occupants as determined by the town board or its designee.
6. Any dwelling unit used for temporary or seasonal habitation less than ____ days in any calendar year.
K. “Town” means the Town of ________ in ________ County, Wisconsin.
L. “Town board” means the board of supervisors for the Town of ________, ________ County, Wisconsin, and includes designees of the board authorized to act for the board.
