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.
STATE OF WISCONSIN
Town of ________
________ County
SECTION I – TITLE AND PURPOSE
The title of this ordinance is the Town of ________ Road Use and Speed Control Ordinance. The purpose of this ordinance is for the Town of ________ to provide for traffic control and to regulate by permit motor vehicle, snowmobile, all-terrain vehicle, and other vehicle and non-vehicular uses and activities on the town highways.
SECTION II – AUTHORITY
This Ordinance was adopted under the statutory authority granted pursuant to [optional the village powers of the town under
s. 60.22, Wis. stats., and]
ss. 66.0425,
82.03,
86.07,
349.06, Wis. stats., [optional (any or all of the following)
s. 23.33 (11),
23.335 (21),
61.35,
62.23 (6),
86.16,
349.11,
349.17, 350.18 (3) (a), Wis. stats.] and
chapters 340 to
348,
350, and
941 to
947, Wis. stats.
SECTION III – 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 traffic control and the regulation by permit of certain motor vehicle, snowmobile, all-terrain vehicle, and other vehicle and non-vehicular uses and activities on the town highways.
SECTION IV – DEFINITIONS
In this ordinance:
A. “All-Terrain Vehicle” means an engine-driven device that has a net weight of 900 pounds or less, has a width of 48 inches or less, is equipped with a seat designed to be straddled by the operator, and is designated to travel on 3 or more low-pressure tires. A low-pressure tire is a tire that has a minimum width of 6 inches, is designated to be mounted on a rim with a maximum diameter of 12 inches, and is designed to be inflated with an operating pressure not to exceed 6 pounds per square inch as recommended by the manufacturer.
B. “Automobile” means any of the following:
1. Type 1 is a motor vehicle designed and used primarily for carrying persons, but that does not come within the definition of a motor bus, motorcycle, moped, or motor bicycle.
2. Type 2 is a motor vehicle capable of speeds in excess of 30 miles per hour on a dry, level, hard surface with no wind, designed and built to have at least 3 wheels in contact with the ground, a power source as an integral part of the vehicle, a curb weight of at least 1,500 pounds, and a passenger and operator area with sides permanently enclosed with rigid construction and a top that may be convertible.
C. “Highway” means all public ways and thoroughfares in the town and all bridges in the town on public ways and thoroughfares, including all of the following:
1. The entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel.
2.
Those roads or driveways in the state, county, or town parks and in state forests that have been opened to the use of the public for the purpose of vehicle travel and roads or driveways upon the grounds of public schools, as defined in
s. 115.01 (1), Wis. stats., and institutions under the jurisdiction of the ________ County Board of Supervisors, but does not include private roads or driveways.
D. “Motor vehicle” means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, that is self-propelled, except a vehicle operated exclusively on a rail. “Motor vehicle” includes, without limitation, an automobile, a commercial motor vehicle, or a vehicle that is propelled by electric power obtained from overhead trolley wires but not operated on rails. A snowmobile or all-terrain vehicle is considered a motor vehicle for purposes made specifically applicable by this ordinance, unless noted to the contrary in this ordinance. Any electric personal assistance mobility device shall not be considered a motor vehicle.
E. “Off-highway motorcycle" means a 2-wheeled motor vehicle that is straddled by the operator, that is equipped with handlebars, and that is designed for use off a highway, regardless of whether it is also designed for use on a highway.
F. “Official traffic-control device” means any sign, signal, marking, or device, not inconsistent with chapters 341 to 349, Wis. stats., placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic.
G. “Park” or “parking” means the halting of a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually engaged in, loading or unloading property or passengers.
H. “Snowmobile” means an engine-driven vehicle that is manufactured solely for snowmobiling, that has an endless belt tread and sled-type runners, or skis, to be used in contact with snow, but does not include a vehicle that is any of the following:
1. A vehicle that has inflatable tires.
2. A vehicle that is driven by a motor of 4 horsepower or less and is operated in sanctioned races, derbies, competitions, or exhibitions or only on private property.
I. “Town” means the Town of ________, ________ County, Wisconsin.
J. “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.
K. “Town clerk” means the clerk of the Town of ________, ________ County, Wisconsin.
L.
“Vehicle” means an automobile and other motor vehicles as defined in
s. 340.01 (35), Wis. stats., and includes, specifically, all of the following:
1. All-terrain vehicle.
2.
Camping trailer, as defined in
s. 340.01 (6m), Wis. stats.
3.
Farm tractor, as defined in
s. 340.01 (16), Wis. stats.
4.
Farm trailer, as defined in
s. 340.01 (17), Wis. stats.
5.
Farm truck, as defined in
s. 340.01 (18), Wis. stats.
6.
Farm truck tractor, as defined in
s. 340.01 (18g), Wis. stats.
7.
Implement of husbandry, as defined in
s. 340.01 (24), Wis. stats.
9.
Mobile home, as defined in
s. 340.01 (29), Wis. stats.
11.
Motor bicycle, as defined in
s. 340.01 (30), Wis. stats.
12.
Motor bus, as defined in
s. 340.01 (31), Wis. stats.
13.
Motorcycle, as defined in
s. 340.01 (32), Wis. stats.
15.
Motor truck, as defined in
s. 340.01 (34), Wis. stats.
