§ 22.05 — ENFORCEMENT AUTHORITY

22.05 - ENFORCEMENT AUTHORITY.

(1) There is conferred upon the City Weights and Measures Officials police power. Such City Weights and Measures Officials shall be provided with suitable badges or insignia of authority and in the exercise of their functions shall exhibit the same, upon demand, to any person questioning their powers and they may make arrests, with or without formal warrant, of any persons violating any statute or ordinance relating to weights and measures. (2) The City Weights and Measures Officials may enter and go into or upon any structure or premises, and may stop any person or vehicle for the purpose of enforcing this Chapter. They shall inspect and test any weights or commodities which are sold or used commercially as often as necessary to secure compliance with this Chapter. The City Weights and Measures Officials shall approve for use and may seal or mark with appropriate devices such weights and measures as found upon inspection and test to be correct, and shall reject and mark or tag as rejected such weights and measures found to be incorrect, but which in their best judgment are susceptible of satisfactory repair. Weights and measures that have been rejected or condemned may be confiscated and may be destroyed by the City Weights and Measures Officials if not corrected as required, or if used or disposed of contrary to this ordinance. (3) The City Weights and Measures Officials shall have the power to issue stop orders, stop-sale orders, and disposal orders with respect to weights and measures being, or susceptible of being, commercially used, and to issue stop-sale orders and disposal orders with respect to packages or amounts of commodities kept, offered, or exposed for sale, sold, or in process of delivery, whenever in the course of their enforcement of the provisions of this ordinance they deem it necessary or expedient to issue such orders. No person shall use, remove from the premises specified, or fail to remove from the premises specified, any weight, measure, or package or amount of commodity contrary to the terms of a stop-use order, stop-sale order, or disposal order issued under the authority of this section. (4) The City Weights and Measures Officials shall investigate complaints made to them concerning violations of the provisions of this Chapter, and shall, upon their own initiative, conduct such investigations as they deem appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of the provisions of this Chapter, and to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions. (5) Any person who shall fail or neglect to comply with any lawful order of the Director of the Building Inspection Division issued pursuant to the provisions of this Chapter may be assessed seventy-five dollars ($75) per compliance inspection, as defined in Sec. 27.03(2), MGO, that does not result in compliance with the order. A thirty-five dollar ($35) charge may be assessed when an inspector fails to gain entry to carry out a compliance inspection. (6) The Department of Planning and Community and Economic Development shall keep an accurate account of all unpaid inspection fees incurred for compliance inspection services rendered and report the same to the Finance Director, who shall annually prepare a statement of these special charges at each lot or parcel of land and report the same to the City Clerk, and the amount therein charged to each lot or parcel of land shall be by said Clerk entered in the tax roll as a special charge against said lot or parcel of land, and the same shall be collected in all respects like other special charges upon real estate as provided in Wis. Stat. § 66.0627.

(Am. by ORD-19-00003, 1-18-19, eff. 4-1-19)