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(1) TITLE/PURPOSE. This ordinance is entitled the "City of Cornell General License and Permit Ordinance". The purpose of this ordinance is to regulate activities in the City of Cornell which, in the public interest, should be conducted on a permit basis.

(A) Fees/Penalties. The Common Council has, by this ordinance, required and confirmed the following licenses or permits and the Common Council has established the fees to be paid by any person to the City for the noted licenses, or noted permits, as set forth in Appendix E Schedule of Fees, and the penalties to be paid by any person to the City for violations of these ordinances and the violations of the license and permit conditions for penalties of these ordinances and/or the specific ordinance as set forth in Appendix A, Penalty and Deposit Schedule.

(1) The terms "license" and "permit" may be used in these City ordinances and by the City of Cornell, its officers, its employees and its agents interchangeably.

(2) No person shall engage or allow on land owned, used or leased by that person in the City of Cornell any particular use, activity, business or operation until that person has obtained the required license or permit as established by the City in this ordinance.

(3) The application for the license or permit shall be in writing to the City of Cornell.of Cornell. The application shall be filed with the City Administrator. The City Administrator shall prepare and shall then forward, when available and when approved by the Common Council, the appropriate written application form to the applicant. The application form for licenses or permits from the City shall contain the appropriate requests for relevant information as may be required by State or Federal statute, as required by any City of Cornell ordinance or as otherwise required by order of the Common Council. The City Administrator shall cooperate fully with the Common Council in the preparation of the application forms. The Common Council shall approve the form and content of the application form. All application fees are to be paid to the City Administrator upon submittal of the completed application form by the applicant or the agent of the applicant.

(5) All application fees are to be made payable to the City Administrator. The application for license or permit, when submitted to the City Administrator by the applicant, shall contain the appropriate fee amount attached. If the license or permit is issued, a receipt for payment of the license or permit fee shall be issued by the City Administrator. If the license or permit is not issued, then the fee amount shall be returned with the written denial letter by the City Administrator. No refunds, unless expressly noted in any City of Cornell ordinance or by order of the Common Council shall be refunded by the City Administrator unless the license, registration or permit is denied by the Common Council.

(6) Unless expressly provided herein by this ordinance, by other City of Cornell ordinance provisions or as specifically noted below, all licenses and permits shall be issued by the City Administrator upon approval by the Common Council.

(7) The following specific licenses and permits may be issued by the City Administrator without formal Common Council approval if the application is completed and submitted to the City Administrator, the Common Council does not desire to formally approve or deny the license or permit, and if the proper application fee amount is attached.

(8) Unless expressly provided herein or by other City ordinance provisions, all licenses and permits shall be issued to commence on July 1 and expire on the next June 30 in the fiscal year of issuance or upon the date specifically noted in the license, registration or permit and in either case the license or permit expires after midnight on the last effective date.

(9) The license or permit shall be issued to the applicant by the City Administrator. If the license, registration or permit is for a particular premises, a particular use, a particular activity, a particular business or a particular operation, the particular use, activity, business or operation shall be clearly described in the license or permit. No license or permit is transferrable, unless specifically provided herein or by other City ordinance provisions, to another person without consent of the Common Council. If specific conditions are established in the license or permit by the Common Council, those conditions shall be expressly noted in writing on the license or permit and shall be accepted by the applicant by signature prior to issue by the City Administrator of the license or permit and prior to approval by the Common Council.

(10) The City Administrator shall keep a record of the licenses and permits issued by him or her and the amount of the fees collected for each license or permit.

(11) The license or permit must be dated and signed by the City Administrator if required by the Common Council and by such other person, if any, as the Common Council shall direct for the particular license. The license or permit shall contain the date of issuance and the date of expiration. The license or permit must be exhibited for public view in a conspicuous location by the applicant on the premises or in the vehicle, wherever the licensed or permitted use, activity, business or operation will occur.

(12) Prior to the issuance by the City Administrator of any license or permit, the applicant must agree that he, she, or it will fully comply with any and all conditions established with the issuance of the license or permit and he, she, or it will comply with all applicable City ordinances. Moreover, the applicant further agrees to obey all reasonable orders and reasonable directives of any Law Enforcement Officer related to the compliance with applicable ordinances and compliance with conditions in the licenses or permits. Failure to fully comply with the conditions of the license or permit or failure to fully comply with these City of Cornell ordinances will allow the Common Council to suspend or revoke the license or permit and to take whatever other necessary legal action may be provided by these ordinances and State and Federal law. Any suspension or revocation of any license or permit will be after hearing, unless emergency conditions require immediate and temporary suspension by the Common Council. Following any temporary suspension, written notice of same shall be served on or mailed to the last known address of the licensee or permittee. Such notice shall include a statement that the party may make a written request for a hearing before the Common Council within thirty (30) days, by mailing or delivering to the City Administrator a request for hearing.

(13) Unless expressly provided herein or by other City of Cornell ordinance provisions, all applications for reissuance and renewal of any City license or City permit will be filed by the licensee or permittee with the City Administrator within sixty (60) days before the expiration date of the previous license or permit. The Common Council may waive this sixty (60)-day provision at its sole discretion.

(14) Unless expressly provided herein or by other City ordinance provisions, the person, once issued the license or permit by the City Administrator and upon acceptance of the license or permit by that person and the acceptance by that person of the conditions attached thereto, consents to the entry of the Common Council or any designee of the Common Council upon the licensed or permitted premises at reasonable hours, upon hours noted within this ordinance, or upon hours noted by the license or permit, for regulatory inspection. Further, the person consents to allow the Common Council or any designee to remove from the premises and to introduce into evidence in court for violations of this chapter, all relevant items and relevant products found therein by the Common Council or its designee. The person issued a license or permit shall comply with all applicable Federal and State laws, applicable Federal and State regulations, and applicable City of Cornell ordinances.

(15) Unless expressly provided herein or by other City ordinance provisions, any license or permit may be suspended or revoked for cause after the proper City of Cornell hearing noted below, unless in an emergency condition determined by the Common Council wherein the license or permit can be suspended temporarily for a set time period. Prior to any action for suspension or revocation, the Common Council must, by the City Administrator, receive a certified complaint concerning the licensee or permittee. The following persons may file a certified complaint with the Common Council:

(16) The person subject to charges for violation of any City ordinance or any violation of a condition of any license or permit shall be provided a copy of the verified complaint and notice of hearing before the Common Council. The hearing shall be required to be not less than fifteen (1 5) days nor more than forty-five (45) days after receipt of notice unless stipulated in writing by the Common Council and the person subject to charges. All alcohol license hearings, pursuant to Section 125.12, (1993-1994) Wisconsin Statutes, must be held not less than three (3) days and not more than ten (10) days from the date of issuance of a summons.

(17) The person subject to charges for violation of any City of Cornell ordinance or any violation of a condition of any license or permit shall be entitled to the following:

(18) The Common Council may, after the hearing for any person previously issued a license, registration or permit by the Common Council act as follows:

(c) Request additional information as an interim decision prior to taking future action.

(19) The final decision of the Common Council to revoke or suspend a license or permit shall be subject to appeal as provided by State law.

(20) The City Administrator of the City of Cornell or other designee of the Council, by order of the Common Council, shall repossess any license or permit that has been revoked or suspended by the Common Council.

(21) If no hearing is requested by the person subject to charge within the time herein noted, the license or permit shall be revoked at the discretion of the Common Council at its next or subsequent meeting.

(22) Specific reasons that may be considered, at minimum, by the Common Council in determining whether to initially issue or not issue a license or permit are as follows:

application filed with the City of Cornell and/or a false statement was included in the material attached to the application by the applicant.

(c) The applicant was not a citizen of the United States of America or was not a legal alien.

(d) The use, activity, business or operation as proposed by the applicant in the application filed with the City of Cornell in the material attached to the application will be detrimental to the peace, health, safety and general welfare of the public in the City of Cornell.

(e) The use, activity, business or operation as proposed by the applicant in the application filed with the City and in the material attached to the application will likely cause a public nuisance in the City.

(f) The use, activity, business or operation as proposed by the applicant in the application and the material attached to the application will not likely conform or meet the conditions of this ordinance or any specific State or Federal law or regulations.

(g) The applicant, if a corporation, was not authorized to do business in the State of Wisconsin.

(j) The applicant did not meet the specific conditions for issuance of a specific license or permit.

(c) The applicant was not a citizen of the United States of America or was not a legal alien.

(d) The current or former uses, activities, businesses or operations as operated or maintained by the operator is detrimental to the peace, health, safety and general welfare of the public in the City.

(e) The current or former uses, activities, business or operations as operated or maintained by the applicant have or do cause a public nuisance in the City.

(f) The current or former uses, activities, businesses or operations as operated or maintained by the applicant have or do not conform to or meet the conditions of this ordinance or any specific State or Federal law or regulations.

(g) The applicant, if a corporation, has not been or is not authorized to do business in the State of Wisconsin.

(24) Any licenses or permits issued by the City of Cornell are to be deemed non-exclusive unless otherwise so stated. No special privileges, franchises, or agreements are intended or to be inferred by the issuance of any license or permit by the City other than those specifically prescribed privileges noted in the license or permit. Any license, registration or permit issued by the City shall not be issued for the purpose of any restraint of trade or commerce nor issued for the purpose of establishing any type or form of monopoly. No City official, employee or agent shall refuse to issue or reissue a license or permit because of the belief of the City official, employee or agent that there are sufficient licenses or permits in the City unless the State law or Common Council has established a quota or fixed amount of licenses or permits. However, with alcohol licenses, the Common Council has specific authority to determine a quota level or to refuse to issue a license in the best interest of the City's health and welfare. In each case where a license or permit is refused, the Common Council shall do so based upon rational reasons which shall be conveyed by the City Administrator to the applicant. The Common Council may, for the following licenses or permits, require an annual performance review to determine if the City will, upon application, reissue the license or permit. This review will be held at least thirty (30) days prior to the expiration date for the license or permit. The review will be completed under the supervision of the City Administrator. The results of the review will be forwarded in writing to the applicant within ten (10) days of expiration. The following licenses and permits will require a performance review:

(a) Cable TV Permit. Cable TV permits will require performance review as required by State and Federal law and these ordinances.

(25) The applicant, upon acceptance of the written license or permit, acknowledges that he or she has not been induced by any promise or statement, whether verbal or written, made by any City official, employee, or agent concerning the license or permit of any written conditions attached to and made part of the license or permit. If any applicant, upon receipt of the license or permit , has any questions or concerns regarding the license or permit, the applicant is urged, in a timely manner, to contact the City Administrator.

(26) The City Administrator, upon receipt of any application for any license, registration or permit, shall, if he or she has reason to believe the person is not eligible for the license or permit, is not fit for a license or permit, or the premises are not suitable for the uses, activities, businesses, or operations contemplated by the applicant, refer the matter to the City of Cornell, Police Department , or other Law Enforcement Officer for investigation or inspection. If, as a result of the investigation, the City Administrator believes the license or permit should be denied or delayed, he or she shall forward these recommendations to the Common Council. The investigation report shall be in writing and shall be filed with the City Administrator.

(27) Any license or permit issued or reissued by this ordinance may be revoked for cause by the Common Council. Any licensee or permittee whose license or permit is revoked may apply for a public hearing within ten (10) days of revocation. The licensee or permittee shall be entitled to be represented by legal counsel. After hearing, the Common Council may confirm the previous revocation, reverse the revocation action, modify the revocation action or suspend for a date certain the license or permit. The determination by the Common Council after the hearing shall be final.

(28) All applications for licenses or permits shall be in writing unless otherwise noted in the specific license or permit section. The City Administrator shall prepare application forms as soon as practicable after any new license or permit ordinance has been enacted by the City of Cornell. The applicant, unless otherwise noted by the specific license or permit section, shall submit the application form as developed and provided by the City to the City Administrator. Upon application, unless otherwise noted in the specific license or permit section, all licenses and permits shall be issued, reissued or referred for issuance by the Common Council within thirty (30) days of the City Administrator receiving a copy of a fully completed application form. All licenses and permits when issued or reissued by the City Administrator shall have the signature of the City Administrator.

(29) No license or permit shall be issued or reissued for any use, activity, business or operation if the use, activity, business or operation would be a nuisance in fact or if the use, activity, business or operation would violate any Federal laws or regulations or any State laws or regulations.

(30) The Common Council may, subject to the limitations of Section 111.335, (1 993-1 994) Wisconsin Statutes, consider any criminal convictions for violation of Federal and State laws, Federal and State regulations or County of Chippewa or City of Cornell ordinances in its determination to issue, reissue, suspend or revoke any license or permit. Specifically, criminal convictions, pursuant to Section 111.335, (1 993-1 994) Wisconsin Statutes, shall be sufficient grounds for failure to issue or reissue a license or permit or sufficient grounds for revocation or suspension of a license or permit.

(31) The Common Council shall, prior to revoking or suspending any license or permit or prior to refusing to issue or reissue a license or permit, make on the record specific written findings as to the reason or reasons the Common Council took such action. Any applicant, licensee, or permittee shall be provided the opportunity for a public hearing (or a private hearing if circumstances under the open meeting law so allow and are advisable), an opportunity to cross examine witnesses, present evidence and to require that witnesses testify under oath. The Common Council, in lieu of revoking a license or permit, may suspend the license or permit to a date certain not to exceed sixty (60) days. The Common Council, in lieu of refusing to issue or reissue a license or permit, may delay determination action pending further investigation upon its own motion for sixty (60) days beyond the original required determination date.

(32) The following license and permit applications for issuance or reissuance of a license or permit be published with a Class 1 notice:

(33) Class A and B alcohol license applications, pursuant to Section 125.04, (1993-1994) Wisconsin Statutes, shall be published in the general circulation newspaper weekly. If published daily, a Class 3 notice is required.

(34) Any applicant for a license or permit can request a hearing by the Common Council prior to the decision of the Common Council regarding the issuance, reissuance or denial of a license or permit application. The request for hearing shall be filed with the City Administrator. The Common Council shall be required to provide a hearing if requested by the applicant in writing.

(35) Unpaid Forfeitures. Claims and Taxes: Right to Refuse License Or Permit.

(b) All applicants for license or permits for doing business in the City whether such licenses are required by City Ordinance or State Statute including alcohol beverage licenses required by Chapter 125 Wis. Stats., must have all personal property taxes, assessments, claims and forfeitures owing to the City paid in full before the City Administrator may issue such license.

(c) Procedural Requirements. The procedural provisionsof the Wisconsin Statutes 125.12(3) (as amended from time-to-time) relating to refusals to issue or renew licenses are hereby adopted as the procedure for refusal to issue or renew licenses under this section.

1. When an applicant applies for a license andsuch applicant has unpaid personal property taxes, claims, assessments, or forfeiture, the City Administrator shall so inform the Common Council and may send a written notice to the applicant of the unpaid amount and of the requirements of this ordinance;

2. When notified by the City Administrator of such unpaid amounts, the Common Council shall notify the licensee or prospective licensees of the City's intention not to renew or issue the license and provide the licensee with an opportunity for such hearing;

3. The hearing shall be conducted as required for refusals to renew as provided in Sec. 125.12(2)(b), Wis. Stats, and judicial review shall be as provided in Section 125.12(2)(2), Wis. Stats. The issue to be determined shall be whether or not the applicant has unpaid personal property taxes, special assessments, claims or forfeitures.

(1) Unless otherwise noted by order of the Common Council, the City Administrator shall be the officer of the City responsible for administration of the City of Cornell licenses and permits.

(2) Unless otherwise noted by order of the Common Council, the City Police Department shall be the department of the City of Cornell responsible to investigate matters related to licenses and permits and to file any complaints with the Common Council regarding licenses and permits.

(3) Unless otherwise noted by order of the Common Council, the City Police Department and the City Administrator shall be the officials of the City of Cornell responsible to enforce the conditions established in the licenses and permits issued by the City and to enforce the ordinances of the City against any licensee, permittee, and other person violating these ordinances.

(4) Unless otherwise noted by order of the Common Council, the City Administrator shall, in a timely fashion, inform the Common Council of any alleged or real violation of the conditions established in the licenses or permits issued by the City and any alleged or real violations of City ordinances.

(5) Unless otherwise noted by order of the Common Council, the City Administrator shall be responsible to inform the Common Council of the refusal of any person to obtain a required license or permit.

(1) COVERAGE. Every person, pursuant to Section 134.65, (1993-1994) Wisconsin Statutes and this ordinance who sells in the City of Cornell cigarettes to a person who does not hold a City Cigarette License or who does not hold a permit under Sections 1 39.30 to 1 39.41 or 1 39.79, (1 993-1 994) Wisconsin Statutes, shall seek and obtain a cigarette sales license from the City of Cornell. The fee for such license shall be, by statute, Five Dollars ($5.00) per premises. The fees are as noted in Appendix E. The license shall be issued from July 1 of one year to June 30 of the next year. The license shall be issued by the City Administrator prior to any person selling any cigarettes without the proper license or permit in the City.

(2) APPLICATION/LICENSE. The applications and license shall designate the premises. Such licenses are not transferrable from one person to another or are not to be amended from one premises to another. The application shall include:

(A) Persons subject to this ordinance shall comply with Section 1 34.65 and 134.66 Wisconsin Statutes, and any amendments thereto, and this ordinance. (Ref. Section 20.01(26))

(B) The City Administrator shall provide copies of this ordinance at no cost to any applicant requesting copies under this ordinance.

(C) The applicant and any other person subject to this ordinance shall comply as follows:

(1) No person shall be issued or reissued a cigarette retail sales license in the City until the appropriate fee has been paid to the City Administrator.

(2) No person shall be issued or reissued a cigarette retail sales license in the City who has failed to properly and fully complete and submit to the City Administrator the application form as developed and provided by the City of Cornell.

(3) No person shall be issued or reissued a cigarette retail sales license in the City until the person owns or has leased a premises in the City of Cornell.

10.03               DOG LICENSE ORDINANCE: CATS AND OTHER AMIMALS

        (1)   COVERAGE.

               (A)     Annual Fee. Every person, pursuant to Chapter 174, (1993-1 994) Wisconsin Statutes, and this ordinance, residing in the City of Cornell who owns a dog that on January 1 is at least five (5) months old, shall annually at the time and in the manner prescribed by law for the payment of personal property taxes, seek and obtain a dog license for his or her dog from the City of Cornell. The fee for the license shall be not less than the minimum established by State Law (Section 174.05, Wis. Stats.). The fee shall be set by the Council and noted in Appendix E. The license shall be from January 1 through December 31.

               (B)     Collecting Official. The City Administrator is designated as the collecting official under Section 1 74.065, Wisconsin Statutes, The City Administrator shall follow the procedures for issuing dog licenses set forth in Section 174.07, Wisconsin Statutes and license fee payment provisions of Section 1 74.08, Wisconsin Statutes. The late fee provided in Section 174.05(5), Wisconsin Statutes applicable to dog license issued after April 1^st or within 30 days of acquiring ownership is adopted by the City of Cornell. The collecting official shall collect the late fee whenever applicable under the statute.

               (C)     Tag Required. Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by Section 10.03(3) of this Chapter, the City Administrator shall complete and issue to the owner a license for such dog containing all information required by state law. The City Administrator 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.

               (D)     Tag to be Attached to Dog. 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 issued at all times, except as provided in Section 10.03(3)(E).

               (E)   Presumption - Untagged Dog. 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 Law Enforcement Officer or humane officer shall seize, impound or restrain any dog for which a dog license is required which is found without such tag attached.

                (F)   Helper Dog - Exemption. Notwithstanding the foregoing, every dog specifically trained to lead blind, deaf, or mobility impaired persons (helper dog) is exempt from the dog license tax, and every person owning such a dog shall receive annually a free dog license from the City Administrator upon application therefor.

(A) License Required. It shall be unlawful for any person in the City of Cornell to own, harbor or keep any dog for more than five (5) months of age without complying with the provisions of this Chapter relating to the listing, licensing and tagging of the same.

(B) Definitions. In this Chapter, unless the context or subject matter otherwise require:

(1) Owner. 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. To be off the premises of the owner and not under the control of some person either by leash, but a dog or cat within an automobile of its owners, 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.

(5) Neutered. As used herein describing a dog or cat shall mean a dog or cat having nonfunctional reproductive organs.

(7) Cruel. 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. Any warm-blooded animal normally raised on farms in the United States and used for food or fiber.

(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 revaccinated within one (1) year after the initial vaccination. If the owner obtains the dog or brings the dog into the City of Cornell 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 revaccinated 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 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 immunization expires or until the dog is revaccinated, whichever occurs first.

(D) Rabies Vaccination Tag. After issuing the certificate of rabies vaccination, the 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 or to a dog securely confined indoors. 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 of 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.

(1) The license fee is set by state law which is adopted herein by reference as if set forth in full. The purchase of a kennel license as opposed to individual dog licenses is optional with the dog owner as provided in Section 174.053. Wis. Stats. Immunization against rabies must be established as for other dog licenses. Sec. 174.053(2) Wis. Stats.

(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, to a dog securely confined indoors or to a dog securely confined in a fenced area. 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 or to a dog securely confined indoors. 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 on leash or temporarily for the purposes of hunting, breeding, trial, training or competition.

(A) Dogs and Cats Confined. If a district 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 Administrator 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. Notwithstanding the foregoing, the provisions of Section 95.21 (4)(b) as expressed in Subsection (C) of these ordinances shall control if a dog or cat bites a person.

(C) Quarantine or Sacrifice of an Animal Suspected 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 officer has reason to believe that the animal bit a person, is infected with rabies or has been in contact with a rabid animal. If a quarantine cannot be imposed because the dog or cat cannot be captured, the officer may destroy the animal. The officer shall attempt to destroy 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 destroyed or may destroy 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.

(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. In the event of non-compliance, the City shall collect the animal, the owner to pay the cost thereof.

(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.

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 animal but if the dog or cat is immunized against rabies, 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 revaccinated against rabies as soon as possible after exposure to a rabid animal.

(4) Sacrifice of a dog or cat exhibiting symptoms or rabies. If veterinarian determines that a dog or cat exhibits symptoms of rabies during the original or extended observation period, the veterinarian shall notify the owner and the officer who ordered the animal quarantined and the officer or veterinarian shall destroy 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 destroys an animal shall deliver the carcass to a veterinarian or local health deportment. 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, if 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.

(A) Restrictions. It shall be unlawful for any person with the City of Cornell to own, harbor or keep any dog or cat which:

(1) Habitually pursues any vehicle upon any publicstreet, alley or highway in the City.

(2) Assaults or attacks any person as described in Subsection (B) or destroys property.

(4) Habitually barks or howls to the annoyance of any person or persons. (See Section 10.03(12).

(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.

(1) No vicious dog shall be allowed off the premises of its owner unless muzzled 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 on or off of the owner's premises. Any vicious dog which is found off the premises of its owner other than as hereinabove 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 destroyed by the authorized officer.

(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.

(1) No person having in his possession or ownership any animal or fowl shall allow the same to run at large within the City. The owner of any animal, whether licensed or unlicensed, shall keep his animal tied or enclosed in a proper enclosure so as not to allow said animal to interfere with the passing public or neighbors. Any animal running at large unlicensed and required by state law or City Ordinance to be licensed shall be seized and impounded by a humane or authorized officer.

(2) A dog or cat shall not be considered to be running at large if it is on a leash and under control of a person physically able to control it.

(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.

(E) Dog Excrement Disposition. The owner, keeper or person having physical possession of a dog or dogs shall remove and properly dispose of any dog excrement deposited by said animal immediately after the animal has relieved itself whether the animal be on private or public property.

(1) The City of Cornell may contract with or enter into an agreement with such person, persons, organization or corporation to provide for the operation of an animal shelter, impoundment of stray animals, confinement of certain animals, disposition of impoundment animals and for assisting in the administration of rabies vaccination programs.

(2) The City of Cornell does hereby delegate to any such animal control agency the authority to act pursuant to the provisions of this Section.

(B) Impounding of Animals. In addition to any penalty hereinafter provided for a violation of this Chapter, any officer or Humane Officer may impound any dog, cat or other animal which habitually pursues any vehicle upon any street, alley or highway of the 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 Animals. After seizure of animals under this Section by a law enforcement or humane officer, the animal shall be impounded. The officer 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 officer shall 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. Dogs that are apprehended and confined shall be kept by the City of Cornell for at least seven (7) days at the pound and/or Chippewa County HumaneAssociation, unless released sooner if claimed by the owner. If within seven (7) days after such notice the owner does not claim such animal, the officer 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 Common Council. In the alternative, animal control or humane agencies serving the City may provide notice pursuant to their operating procedures and state law. No animal shall be released from the pound without being properly licensed if so required by state law or City Ordinance.

(D) Sale of Impounded Animals. After the time period noted herein, the dog will be either sold for inoculation, apprehension, confinement and care costs, or it will be destroyed in a careful proper and humane manner. The owner, if he or she claims the dog, shall pay the above-noted costs incurred by the City to the City Administrator.

(E) City Not Liable for Impounding Animals. The City and/or its animal control agency shall not be liable for the death or injury of any animal, which has been impounded or disposed of pursuant to this Section.

(9) DOGS AND CATS RESTRICTED IN CEMETERIES. No dog or cat shall be permitted in any public cemetery. Every dog specially trained to lead deaf, blind, or physically impaired persons shall be exempt from this Section.

(10) DUTY OF OWNER IN CASE OF DOG OR CAT BITE. 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 the officer and shall keep such dog or cat confined for not less than ten (10) days or for such period of time as the officer shall direct. 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.

(11) INJURY TO PROPERTY BY ANIMALS. 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.

(12) BARKING DOGS OR CRYING CATS. 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) complaints are filed with the officer within a four (4) week period.

(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.

(C) 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.

(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.

(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 all times.

(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 movement. Inadequate space may be indicated by evidence of debility, stress or abnormal behavior patterns.

           (E)   Sanitation Standards. Minimum standards of 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 948.14, Wis. Stats.

        (15)   NEGLECTED OR ABANDONED ANIMALS

                    (A)   Neglected or Abandoned Animals

                               (1) No person may abandon any animal.

(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 in 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.

(E) Shooting at Caged or Staked Animals. 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, destroying or wounding with a firearm or any deadly weapon any animal that is tied, staked out, caged or otherwise intentionally confined in a man-made enclosure, regardless of size.

(17) DOGNAPPING AND CATNAPPING. No person may take the dog or cat of another from one place to another without the owner'sconsent 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 authorized officers or humane society agents engaged in the exercise of their official duties, or as otherwise permitted herein.

(18) VEHICLE ACCIDENTS. 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 owner, and, if not, the authorized officer.

(1) 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.

(1) No family or person 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, which may be conditional, except that a litter of pups or kittens or a portion of a litter may be kept for not more than twelve (12) weeks from birth. If more than one (1) family resides on a residential lot, then only a total of four (4) 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.

(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 Administrator who shall forward the request to the City Police Department. After review, these officials shall make a recommendation to the Common Council prior to Board action on the matter.

(A) Any person violating Sections 10.03(1 3), 10.03(14), 10.03(1 5), 10.03(16), 10.03(17), 10,.03(18), 10.03(19) shall be subject to a forfeiture of not less than Fifty Dollars ($50.00) and not more than Two Hundred Dollars ($200.00), together with costs. This Section shall also permit the City Attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this Ordinance.
(B)

(1) Anyone who violates Section 10.03(2), 10.03(3), 10.03(4), 10.03(5), 10.03(6) of this Code of Ordinances or Chapter 1 74, Wis. Stats., shall be subject to a forfeiture of not less than Twenty-five Dollars ($25.00) and not more than Two Hundred Dollars ($200.00) for the first offense and not less than One Hundred Dollars ($100.00) and not more than Four Hundred Dollars ($400.00) for any subsequent offenses, together with costs.

(2) An owner who refuses to comply with an order issued under Section 10.03(6) to deliver an animal to an officer, isolation facility or veterinarian or who does not comply with the conditions of an order that an animal be quarantined shall be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) or imprisoned not more than sixty (60) days or both, together with costs.

(C) Any person who violates Section 10.03(7) through 10.03(1 3) of this Code of Ordinances shall be subject to a forfeiture of not less than Twenty-five Dollars ($25.00) and not more than One Hundred Dollars ($100.00) for the first violation and not less than Fifty Dollars $50.00) and not more than Two Hundred Dollars ($200.00) for subsequent violations, together with costs.

(1) COVERAGE. Every person, pursuant to Sections 66.0415 and 167.10, (1 993-1 994) Wisconsin Statutes, and this ordinance in the City of Cornell who possesses or uses fireworks in the City shall seek and obtain a Fireworks Permit from the City, except if exempt under this ordinance. The permit fee shall be established by the Common Council at not less than Five dollars ($5.00) nor more than Twenty Dollars ($20.00) and shall be set forth on Appendix E. The permit shall be issued for the date established for the permitted use. The permit shall be issued by the Mayor and a copy of the issued permit shall be given to the City Police Department pursuant to Section 167.10(3)(g), (1993-1994) Wisconsin Statutes, at least two (2) days before the date of authorized use in the City of Cornell.

(2) APPLICATION/PERMIT. The application shall be made to the Mayor and the Mayor, in the exercise of his/her reasonable discretion shall issue or not issue the fireworks permit. The application shall include:

(G) The classification of the applicant as noted in Section 167.10(3)(c), (1993-1994) Wisconsin Statutes.

(3) EXEMPTIONS. Certain persons are exempt from this permit requirement in the City. The permit requirement does not apply to:

(A) The City of Cornell, but City fire and law enforcement officials shall be notified of the proposed use of fireworks at least two (2) days in advance.

(B) The possession of or use of explosives in accordance with rules or general orders of the State Department of Industry, Labor and Human Relations.

(C) The disposal of hazardous substances in accordance with rules adopted by the State Department of Natural Resources.

(D) The possession of or use of explosives or combustible materials in any manufacturing process.

(E) The possession of or use of explosives or combustible materials in connection with classes conducted by educational institutions.

(F) The possession of or use of explosives in possession of a license or permit under 1 8 USC 841 to 848 if the possession of the fireworks is authorized under the license or permit.

(A) The person subject to this ordinance shall comply with Section 167.10, (1993-1994) Wisconsin Statutes, and this ordinance.

(B) The City Administrator shall provide copies of this ordinance at no cost to any applicant requesting copies under this ordinance.

(C) The applicant and any other person subject to this ordinance shall comply as follows:

(1) No person shall be issued or reissued a fireworks permit in the City until the appropriate fee has been paid to the City Administrator.

(2) No person shall be issued or reissued a fireworks permit in the City who has failed to properly and fully complete and submit to the City Administrator the application form as developed and provided by the City.

(1) STATE STATUTES ADOPTED. The provisions of Chapter 1 25, Wisconsin Statutes, defining and regulating the sale, procurement, dispensing and transfer of beverages, including provisions relating to the penalty to be imposed or the punishment for violation of such statutes, but exclusive of any statutory penalty of imprisonment (no penalty of imprisonment may be imposed for ordinance violations; forfeitures only may be imposed) are adopted and made a part of this ordinance by reference. A violation of any of such provisions shall constitute a violation of this section.

(A) When Required. No person except as provided by Section 125.06, Wisconsin Statutes, shall within the City of Cornell, serve, sell, manufacture, rectify, brew, or engage in any other activity for which this ordinance or Chapter 125, Wisconsin Statutes, requires a license, permit or other authorization without holding the appropriate license, permit or other authorization as provided in this ordinance. (Reference: Section 125.04(1), Wis. Stats.)

(B) Separate license Required for Each Place of Sale. Except for licensed public warehouse, a license shall be required for each location or premises which is in direct connection or communication to each other where intoxicating liquor or fermented malt beverages are stored, sold or offered for sale. (Reference: Section 125.04(9), Wis. Stats.)

(1) Class "A" Fermented Malt Beverage Retailer's License. $50.00 per year. (Reference: Sec. 125.25, Wis. Stats.)

(2) Class "B" Fermented Malt Beverage Retailer's License. $100.00 per year. (Reference: Sec. 125.26, Wis. Stats.)

(a) Six Month. A license may be issued at any time for six (6) months in any calendar year for which three-fourths (3/4ths) of the applicable license fee shall be paid; but such license shall not be renewable during the calendar year in which issued.

(b) Picnic (Temporary). $10.00. (Reference: Sec. 125.25(1) and (6), Wis. Stats.)

(c) The City authorizes the City Administrator to issue temporary Class "B" licenses under Section 125.26(6), Wisconsin Statutes.

(3) Wholesaler's Fermented Malt Beverage License. $ 1 5.00 per year or fraction thereof. (Reference: Sec. 125.28, Wis. Stats.)

(4) Retail "Class A" Liquor License. $250.00 per year. (Reference: Sec. 125.15(2), wis. Stats.)

(a) A license may be issued after July 1 in any license year. The license shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fractions thereof until the following June 30.

(5) Retail "Class B" Liquor License. $275.00 per year. (A retail Class "B" liquor license shall permit its holder to sell liquor in original packages or containers in multiples not to exceed one gallon at any one time to be consumed off the licensed premises.) Wine may be sold in original packages or otherwise in any quantity to be consumed off the premises. (Reference: Sec. 125.51(3), Wis. Stats.)

(b) Licenses valid for six (6) months may be issued at any time. The fee for the license shall be fifty percent (50%) of the annual license fee. The license may not be renewed during the calendar year in which issued.

(c) Clubs as defined in Section 125.02(4), Wisconsin Statutes, shall be subject to a $50.00 per year fee for a restricted license and a fee of $75.00 if nonrestricted (sales to the general public).

(6) Retail "Class C" Wine Licenses. $100.00 per year. (Reference: Sec. 125.51 (3m), Wis. Stats.)

(7) Pharmacists and Medicinal Alcohol Permit. $10.00 per year. (Reference: Sec. 125.57, and Sec. 125.61 Wis. Stats.)

a. Operator's licenses may be granted to individuals for the purposes of complying with Sections 125.32(2) and 125.68(2), Wisconsin Statutes.
b. Operator's licenses may be issued or renewed by the City Administrator only upon written application on forms provided by the City Administrator. The City Administrator shall renew, issue, or refuse to issue or renew operator's licenses after verification of the information within the application. The City Administrator shall refuse to issue or renew only in accordance with Section 125.12, Wisconsin Statutes. Upon denial of an application for an operator's license, the City Administrator shall notify the applicant in writing of the denial and state the reasons for the decision. The applicant may appeal the denial to the Common Council which shall make a determination whether to approve or deny the license application in accordance with Section 125.12, Wisconsin Statutes.

c. Operator's licenses shall be valid for one year and shall expire on June 30th of each year.

d. (A) The provisions of Section 125.17(6) of the Wisconsin Statutes are hereby adopted. Operator's licenses will not be issued to nonexempt applicants who have not successfully completed the Responsible Beverage Server training course offered by a vocational, technical, and adult education district which conforms to curriculum guidelines specified by the Board of Vocational, Technical, and Adult Education. Such applicant must provide a certificate of completion of said course unless the applicant meets one of the following exemptions set forth in the statute:

2. Within the past two years, the person held a Class "A", Class "B" or "Class A" or "Class B" license or permit or a manager's or operator's license.

If the individual applying for the operator's license has not completed the course by the time of application, the City Administrator may issue a provisional operator's license to such person who is enrolled in a training course as prescribed herein. The Council shall revoke that license if the applicant fails to successfully complete the course in which he or she enrolls.

d. (B) This ordinance shall not be interpreted as requiring additional regulations not permitted pursuant to 125.17(6)(C).

e. Provisional Operator's License: $5.00 Provisional operator's licenses under 125.17(5) may be issued by the City Administrator who is designated as the municipal officer with authority to issue provisional operator's licenses. Said licenses may be issued upon payment of a fee of $5.00 upon the following conditions:

1. A provisional operator's license may be issued only to a person who has applied for an operator's license and may not be issued to any person who has been denied a license by the City Administrator or Common Council.

2. A provisional operator's license expires 60 days after its issuance or when an operator's license is issued or denied to the holder, whichever is sooner.

3. The City Administrator may revoke the provisional operator's license if the holder of the license is discovered to have made a false statement on the application.

f. The City Administrator may issue temporary operator's licenses upon written application pursuant to Section 125.17(4) of the Wisconsin Statutes, without a fee, provided that:

1. A temporary license may be issued only to operators employed by or donating their services to non-profit corporations;

3. The license is valid for any period from one day to fourteen (14) days and the period for which it is valid shall be stated on the license.

(9) Provisional Retail Licenses. Provisional retail licenses under Section 125.185 may be issued by the City Administrator who is designated as the municipal officer with authority to issue provisional retail licenses. Said licenses may be issued upon payment of a fee of $1 5.00 upon the following conditions:
a. A provisional retail license may be issued only to a person who has applied for a Class "A", Class "B", "Class A", "Class B" or "Class C" license and authorizes only the activities that the type of retail license applied for authorizes.

b. A provisional retail license expires 60 days after its issuance or when the Class "A", Class "B", "Class A", "Class B" or "Class C" license is issued to the holder whichever is sooner. The City Administrator may revoke the provisional retail license if he or she discovers that the holder of the license made a false statement on the application. If the provisional retail license is revoked, the City Administrator shall mail or have a written notice delivered to the license holder notifying the person of the action taken, the reasons for such action, and the right to have a license review hearing before the Common Council upon the applicants written request. The request for hearings and procedures shall be as set forth in Section 125.12.

c. Notwithstanding the foregoing provisions, the City Administrator may not issue a provisional "Class B" license if the municipality's quota under Section 1 25.51 (4), prohibits the municipality from issuing a "Class B" license.

d. No person may hold more than 1 provisional retail license for each type of license applied for by the holder per year.

e. All standards under which retail licenses are issued under these ordinances and the State Statutes for the regular ordinance shall apply to provisional retail licenses.

(1) Form. Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made in writing on forms prescribed by the State Department of Revenue , or governing body for operators' licenses and filed with the City Administrator. The premises shall be physically described, including every room and storage space to be covered by the license and including all rooms joined by connecting entrances or not separated by a solid wall.

(2) Application to be Notarized. Applications shall be signed and sworn to by the applicant as provided in Section 887.01 Wisconsin Statutes. The City Administrator is authorized to take statements under oath.

(3) All applicants for alcoholic beverage licenses of any kind, including bartender's licenses, "Class A" liquor licenses, "Class B" liquor licenses and Class "B" fermented malt beverage licenses, issued pursuant to Section 125 of the Wisconsin Statutes and of these ordinances shall appear in person before the Common Council at the time of license application to present the application and answer questions from Common Council members as to the application and conduct of the permitted activity. Personal appearance shall be required for renewal applications as well as original applications except for renewal application of bartenders.

(1) Statutory Requirements. Licenses shall be issued only to persons eligible therefore under Sections 125.04 and 125.33(3)(b), Wisconsin Statutes.

(a) No retail "Class A" or "Class B" license shall be issued for premises the main entrance of which is less than three hundred feet (300') from the main entrance of any established public school, parochial school, hospital or church. Such distance shall be measured by the shortest route along the highway from the closest point of the main entrance of such school, church or hospital to the main entrance to the premises covered by the license.

(b) This paragraph shall not apply to premises licensed as such on June 30, 1947, nor shall it apply to any premises licensed as such prior to the occupation of real property within three hundred feet (300') thereof by any school building, hospital building, or church building.

(3) Violators of Liquor or Beer Laws or Ordinances. No retail Class A or B license shall be issued to any person who has been convicted of a violation of any Federal or state liquor or fermented malt beverage law or the provisions of this ordinance during one (1) year prior to such application. A conviction of a member of a partnership or the partnership itself shall make the partnership or any member thereof ineligible for such license for one (1) year.

(4) Health and Sanitation Requirements. No retail Class "B" or "Class B" or "Class C" license shall be issued for any premise which does not conform to the sanitary, safety and health requirements of the State Department of Industry, Labor and Human Relations pertaining to buildings and plumbing, to the rules and regulations of the State Department of Health and Social Services applicable to restaurants and to all such ordinances and regulations adopted by the City.

(5) License Quota. The number of persons and places that may be granted a retail "Class B" liquor license under this section is limited as provided in Section 125.51(4), Wisconsin Statutes.

(6) Corporations. No license shall be granted to any corporation in which more than fifty percent (50%) of the voting stock interest, legal interest or beneficial interest is held by any person or persons not eligible for a license under this section.

(7) Age Requirement. No license hereunder shall be granted to any underage person. For purposes of this section, "underage person" shall be defined as an individual who has not attained the age of 21 years. For purposes of this section, "underage person" as it relates to issuance of Operator's licenses shall be defined as individuals who have not attained the age of 1 8 years as per Wisconsin Statute 125.04(5)(d)2.

(8) Effect of Revocation of License. Whenever any license has been revoked, at least six (6) months from the time of such revocation shall elapse before another license shall be granted for the same premises and twelve (12) months shall elapse before another license shall be granted to the person whose license was revoked.

(9) Issuance for Sales in Dwellings Prohibited. No license shall be issued to any person for the purpose of possessing, selling or offering for sale any alcoholic beverages in any dwelling, house, flat or residential apartment.

(10) Inspection of Application and Premises. The City Administrator shall notify the City Police Department, and Common Council of all license and permit applications, and these officials may inspect or cause to be inspected such applications and premises to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto and the applicant's fitness for the trust to be imposed. If an inspection is conducted, these officials shall furnish to the Common Council in writing the information derived from such investigation. No license or permit provided for in this section shall be issued without the approval of the Common Council, and no license shall be renewed without a reinspection of the premises and report as herein required.

(F) Form and Expiration of Licenses. 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, and, unless sooner revoked, shall expire on June 30 thereafter except as otherwise provided. The City Administrator shall affix his or her affidavit as required by Section 125.04(4), Wisconsin Statutes.

(1) As to Person. No license shall be transferrable as to licensee except as provided by Section 125.04(12), Wisconsin Statutes.

(2) As to Place. Licenses issued pursuant to this section may be transferred as provided in Section 125.04(12), Wisconsin Statutes. Application for such transfer shall be made on blanks furnished by the State Department of Revenue. Proceedings for transfer shall be had in the same manner and form as the original application.

(H) Posting and Care of Licenses. Every license or permit required under this section shall be framed and posted and at all times displayed as provided in Section 125.04(10), Wisconsin Statutes. No person shall post such license or permit any other person to post it upon premises other than those mentioned in the application, or knowingly deface or destroy such license.

(1) Gambling and Disorderly Conduct Prohibited. Each licensed and permitted premises shall at all times be conducted in an orderly manner and no disorderly, riotous or indecent conduct or illegal gambling shall be allowed at any time on any such premises. Dice, slot machines, or any device of chance are prohibited and shall not be kept upon the premises.

(2) Employment of Underage Persons. No retail "Class B" or Class "B" licensee shall employ any underage person to serve, sell, dispense or give away any alcoholic beverage, except hotels, restaurants, combination grocery stores-taverns, where not to exceed twenty percent (20%) of the gross revenues are derived from the sale of alcoholic beverages, except as provided in Section 125.32(2) and 125.68(2) (Operator's License).

(3) Sales by Clubs. No club shall sell intoxicating liquors or fermented malt beverages except to members and guests invited by members.

(4) Safety and Sanitation Requirements. Each licensed premises shall be maintained and conducted in a sanitary manner and shall be a safe and proper place for the purpose for which used.

(5) Unobstructed View Required. At least one window or door of any licensed premises shall be of clear glass and the premises shall be so arranged as to furnish a clear view of the entire premises from the sidewalk. There shall be no partition, box stalls, screens, curtains, plants, advertising placed or other devices which shall obstruct the view of said premises from the general observation of persons passing, provided, booths not higher than 48 inches from the floor shall not be construed as in conflict with the foregoing provisions, and provided further, Retail Class "B" licenses shall permit the holder to serve such beverages in a separate room at banquets and dinners.

(6) Dancing and Entertainment Allowed. Dancing and entertainment including music, singing, and related forms of musical entertainment shall be permitted upon premises licensed under this ordinance, during such hours and under such conditions as the Common Council may determine.

(7) No Sale on Credit or Trade In. No retail Class "A", "Class A", Class 'B', "Class B", or "Class C" licensee shall sell or offer to sell fermented malt beverages or intoxicating liquor to any person on credit excepting credit extended by a hotel to a resident guest or a club to a bona fide member, and by grocers and druggists who maintain a credit system in connection with other purchases as well. No licensee shall sell fermented malt beverages or intoxicating liquor to any person on a pass book or store order or receive from any person any goods, wares, merchandise, or other articles in exchange for fermented malt beverages or intoxicating liquor.

(8) Search of Licensed Premises. It shall be a condition of any license issued hereunder that the licensed premises may be entered and inspected at any reasonable hour by any police officer without any warrant, and the application for a license hereunder shall be deemed a consent to this provision.

a. Except as provided by subparagraph (b) no person may possess or consume fermented malt beverages or intoxicating beverages:

b. Fermented malt beverages or intoxicating beverages may be possessed or consumed on school premises, in a motor vehicle or by a participant in a school sponsored activity if specifically permitted in writing by the school administration consistent with applicable laws and ordinances.

c. A person who violates this subsection is subject to a forfeiture of not more than $200, except that ss. 125.07(4)(c) and (d) and 938.344 provide the penalties applicable to underage persons.

d. The terms motor vehicle, school, school administrator and school premises shall be such as set forth in Chapter 125, Wis. Stats.

(J) Closing Hours. No premises for which an alcoholic beverage license has been issued shall remain open for the sale of alcoholic beverage:

(1) If a wholesale license, between 5 p.m. and 8 a.m. except on Saturday when the closing hour shall be 9 p.m.

(2) If a retail Class "A" (fermented malt beverage) license, between 12 midnight and 8 a.m. as provided by Section 125.32(3)(b), Wisconsin Statutes.

(3) If a retail "Class A" (intoxicating liquor) license, between 9 p.m. and 8 a.m. as provided by Section 1 26.68(4)(b), Wisconsin Statutes.

(4) If a retail Class "B" (fermented malt beverage) or "Class B" (intoxicating liquor) or "Class C" (retail wine license) license, between 2 a.m. and 6 a.m.
On Saturday and Sunday the closing hours shall be between 2:30 a.m. and 6 a.m. On January 1, premises operating under a Class "B" or "Class B" license or permit are not required to close. No package, container, or bottle sales may be made between 12 midnight and 6 a.m. (Reference: Sees. 125.68(4)(c), 125.32(3)(am), Wis. Stats.)

(5) Hotels and restaurants whose principal business is in the furnishing of food and lodging to patrons, and bowling alleys and golf courses may remain open for the conduct of their regular business but no intoxicating liquors or fermented malt beverages shall be sold during prohibited hours.

(1) Procedure. Whenever the holder of any license under this section violates any portion of this section, proceedings for the revocation or suspension of such license may be instituted in the manner and under the procedure established by Section 125.12, Wisconsin Statutes, and the provisions therein relating to granting a new license shall likewise be applicable.

(2) Automatic Revocation. Any license issued under the provisions of this section shall stand revoked without further proceedings upon the conviction of a licensee or employee, agent or representative thereof for a second offense under this section or for a violation of Chapters 125 or 139, Wisconsin Statutes, or any other State or Federal liquor or fermented malt beverage laws.

(3) Revocation for Non-Use. Any license or permit issued hereunder may be revoked if not used within thirty (30) days after issuance or if its use is discontinued for thirty (30) days or more.

(L) Non-renewal of Licenses. Before renewal of any license issued under this section is refused, the licensee shall be given written notice of any charges or violations or the reasons proposed for non-renewal and a copy of any proposed motion for non-renewal and shall have an opportunity to be heard before the Common Council.

(M) Violations by Agents or Employees. A violation of this ordinance by an authorized agent or employee of a licensee shall constitute a violation by the licensee.

(N) Penalties. The penalty provisions of Chapter 125, Wisconsin Statutes, are hereby adopted, exclusive of any term of imprisonment. If a specific fine or range of fines is set forth in the Wisconsin Statutes for a violation, that specific amount or range shall be the amount or range of the forfeiture for violation of the municipal ordinance counterpart of the Statutes. If a specific penalty is not provided, a forfeiture of not more than Five Hundred Dollars ($500.00) may be imposed and the Court may suspend or revoke any license or permit issued to the person.

(O) The Uniform State Deposit Schedule (as amended from time to time and adopted by the Wisconsin Judicial Council) is hereby adopted as the deposit schedule for the City of Cornell with respect to Section 10.07.

(1) COVERAGE. Every person, pursuant to Sections 66.049, 84.31, and 175.25, (1993-1994) Wisconsin Statutes, and this ordinance, in the City of Cornell who shall accumulate or store junked automobiles or parts thereof within five hundred (500) feet of the center line of any City road or street in the City of Cornell shall seek and obtain a Junkyard Permit from the City of Cornell. The fee for such permit shall be established by the Common Council at not less than Twenty-five Dollars ($25.00) per permit. The fees shall be established annually by the Common Council prior to July 1. Fees are as noted in Appendix E. The permit shall be issued for July 1 of the first year to June 30 of the next year. The permit shall be issued by the City Administrator prior to any person accumulating or storing such auto materials in the City.

(2) APPLICATION/PERMIT. The application and permit shall designate the premises to be permitted. The permit may be amended without charge if the permittee changes premises in the City of Cornell. However, the permit is not transferrable from one person to another. The application and permit shall contain the following:

(C) The commercial premises telephone number, if any, and the residential telephone number of the applicant, if any.

(G) The projected number of years for accumulation, storage and removal of these vehicles.

(3) EXEMPTIONS. Certain persons will be exempt from this permit requirement if they meet the requirements of Section 175.25(4), (1993-1994)
Wisconsin Statutes. Moreover, any person with less than two (2) unlicensed/unshedded automobiles stored on premises shall be exempt from this ordinance.

(A) The persons subject to this ordinance shall comply with Sections 84.31 and 175.25, (1993-1994) Wisconsin Statutes, and this ordinance.

(B) The City Administrator shall provide copies of this ordinance at no cost to any applicant requesting copies under this ordinance.

(C) The applicant and any other person subject to this ordinance shall comply as follows:

(1) No person shall be issued or reissued a Junkyard Permit in the City of Cornell until the appropriate fee has been paid to the City Administrator.

(2) No person shall be issued or reissued a Junkyard Permit in the City who has failed to properly and fully complete and submit to the City
Administrator the application form as developed and provided by the City.

(3) No person shall be issued or reissued a Junkyard Permit in the City of Cornell if the applicant for the junkyard permit:

(a) Fails to install and maintain fences as determined by the Common Council.

(b) Fails to install and maintain adequate fire safety equipment as determined by the Fire Inspector.

(c) Fails to install, provide, and maintain adequate and necessary physical structures and equipment as determined by the Common Council and fails to comply with conditions, rules and safeguards as determined by the Common Council to prevent public nuisances and to protect the public health and safety to persons residing near the junkyard premises or persons entering the junkyard premises including public nuisances associated with noise, dust, odors, fires, explosions, water pollution, air pollution and erosion.

(d) Fails to comply with the City of Cornell Zoning Ordinance as determined by the Common Council.

(f) Fails to install, provide and maintain adequate landscaping surrounding the junkyard premises as determined by the Common Council.

(g) Fails to provide and maintain adequate security and operational personnel to prevent trespassing onto the junkyard premises.

(h) Fails to install and maintain adequate physical structures and operational controls to prevent trespassing, littering and to prevent private nuisances on private and public lands adjacent to the junkyard location.

(i) Fails to allow physical access to the junkyard location by the Common Council or designee for inspection purposes upon twenty-four (24) hours notice to the applicant or permittee.