ORD20191434-Peddlers Final
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1434
AN ORDINANCE TO AMEND CHAPTER 267, SECTION 267-7.,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Peddlers, Solicitors and Transient Merchants – Investigation and Issuance)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 267, Section 267-7., of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
§ 267-7. Investigation and issuance.
A. Upon receipt of each application, it shall be referred to the Chief of Police who shall
promptly consider the application and respond per the standards of Subsection B
within 72 hours.
B. The Police Chief shall approve the application unless:
(1) The application contains any material omission or materially inaccurate
statement.
(2) Within the last five years, the applicant has been convicted of a felony,
misdemeanor, or ordinance violation involving offenses relating to burglary,
theft, possession of stolen property, other crimes related to property or any
offenses related to crimes against life and bodily security, public health and
safety, sexual morality, children, and the public peace or any offense which
relates to the fitness to engage in direct selling, solicitation or transient
merchandising.
(3) The applicant failed to comply with any applicable provision of § 267-4
above.
C. If the Chief of Police finds the application cannot be approved per the standards of
Subsection B, the Chief shall state in writing his reasons for doing so, including a
statement of how the circumstances of the offense relate to the particular licensed
activity and return said application to the City Clerk-Treasurer, who shall notify the
applicant that the application is disapproved and that no license will be issued. In
this event, the applicant shall be given an opportunity to appeal before the Finance
Committee to show evidence of rehabilitation and fitness to engage in the licensed
activity. The Finance Committee shall consider the factors stated in Wis. Stats.
111.355(4)(d) in making its determination regarding evidence of rehabilitation and
fitness to engage in the licensed activity.
D. If the Chief of Police finds the application must be approved per the standards of
Subsection B, the Chief shall endorse approval on the application and return the
application to the City Clerk-Treasurer, who shall issue the license. Such license
shall contain the signature of the issuing officer and shall show the name of said
licensee, the type of license issued, the license fee paid, the date of issuance and
expiration. Each peddler, solicitor or transient merchant must secure a personal
license. No license shall be used at any time by any person other than the one to
Ordinance #1434
whom it is issued. The Clerk-Treasurer shall keep a record of all licenses issued.
SECTION 2: The several sections of this Ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of the Ordinance which shall
remain in full force and effect. Any other Ordinance whose terms are in conflict with the
provisions of this Ordinance is hereby repealed as to those terms that conflict.
SECTION 3: This Ordinance shall be in full force and effect from and after its passage
and publication.
TH
PASSED AND APPROVED THIS 24 DAY OF SEPTEMBER, 2019.
CITY OF MUSKEGO
_______________________________
Kathy Chiaverotti, Mayor
ATTEST: First reading: September 10, 2019
_________________________
Clerk-Treasurer
Ordinance Published: October 2, 2019
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