(A) Purpose of section. The purpose of this section is to protect public and private property and to provide for public and private safety from negligent, accidental or other causes of damage or injury as a result of equipment or machinery being operated within the corporate limits of the village.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING. Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals or other property.
ERECTED. Set up, raised, built or moved into place upon a foundation.
LOT. A parcel of land occupied or suitable for occupancy by one main building or use, with its incidental buildings, including open spaces as may be required in connection with the buildings.
MACHINERY. Any type of contrivance, controlled either physically or by remote control, used to produce, increase, decrease or regulate the power of motors or engines so as to perform work.
MUNICIPAL BOUNDARY LINES. Municipal boundary lines shall be those lines which shall have been determined upon adoption by due process of law, and made a matter of record in the offices of the County Recorder.
OPERATE. The act, causing machinery or equipment to perform a function.
STRUCTURE. Anything erected, the use of which requires more or less permanent location on or in the ground.
USE OF CERTAIN WORDS. Words used in the present tense include the future. Words in the singular number include the plural number. The word SHALL is mandatory and not directory.
(C) General provisions.
(1) Things regulated. Things regulated: machinery or equipment operated within the corporate limits of the village in any manner so as to perform work in constructing, destructing, relocating, enlarging, altering or repairing any structure, lot, street or any real or personal property.
(2) Financial responsibility.
(a) The owner or operator of any machinery or equipment used within the corporate limits of the village shall show proof of financial responsibility as deemed necessary by the Village Mayor and Board of Trustees.
(b) This responsibility shall be shown either by deposit of a bond or other insurances showing financial responsibility in an amount sufficient to assure the village or its property owners against any claim for damages of any kind.
(3) Machinery or equipment condition. Machinery or equipment shall be in good repair and all safety equipment shall be operative and in place. When left unattended, all machinery or equipment shall be locked in a manner so as to prevent its operation.
(4) Fees. A fee, set and approved by the Village Board of Trustees, shall be charged by the village and the amount of the fee will be commensurate with the cost of work being done. Fees shall be set in the following manner:
Permits for 30 Calendar Days
| |
$2,000 or less | $5 |
$2,001 to $10,000 | $7.50 |
$10,001 and up | $12.50 |
Permits for One Calendar Year
| |
$2,000 or less | $10 |
$2,001 to $10,000 | $15 |
$10,001 to $50,000 | $25 |
$50,001 to $150,000 | $50 |
$150,001 and up | $100 |
(a) A permit may be issued to a firm, corporation, company or individual and is not transferrable; and
(b) The yearly permit will be issued and valid from April 1 and expires at midnight on March 31 of the following year unless withdrawn according to this section.
(D) Enforcement and penalties.
(1) This section shall be administered and enforced by the Village Zoning Enforcing Officer appointed by the Village Board. To that end, he or she shall have power to make such orders, requirements, decisions and determinations as are necessary with respect to applications for permits and the enforcement of this section.
(2) Any person, firm, company, corporation or any agent, employees or contractors of such, who violate, disobey, omit, neglect or refuse to comply with or resist enforcement of any of the provisions of this section, shall be subject to a fine of not more than $200 or to imprisonment in the county jail for a period of not more than six months or both at the discretion of the court. Each day that a violation continues to exist shall constitute a separate offense.
(3) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this section, the proper authorities in the village or any person the value or use of whose property is or may be affected by the violation, in addition to other remedies, may institute any appropriate action or proceeding in equity:
(a) To prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use;
(b) To restrain, correct or abate the violation;
(c) To prevent the occupancy of the building, structure or land; or
(d) To prevent any illegal act, conduct, business or use in or about the premises.
(E) Short title. This section may be referred to as the “Village Licensing Ordinance”.
(Ord. 736, passed 9-2-2003) Penalty, see § 153.99