ORDINANCE NO. 6

                                     MOBILE HOMES AND MOBILE HOME PARKS

            Section 1.         State Laws Adopted.

            The provisions of Wisconsin Statutes Section 66.058 are hereby adopted and made a part of this Ordinance as if fully set forth herein.  Any act required to be performed or prohibited by said Statute is required or prohibited by this Ordinance.

            Section 2.         Additional Regulations.

            A.        It shall be unlawful for any person to maintain or operate within the limits of Geneva any mobile home park unless such person shall first obtain from the Town a license therefor.  All such parks in existence on December 1, 1979, shall within thirty (30) days thereafter obtain such license, and in all other respects comply fully with the requirements of this Section, except that the licensing authority shall upon application of a park operator, waive such requirements that require prohibitive reconstruction costs, if such waiver does not affect sanitation requirements of the Town, or create or permit to continue, any hazard to the welfare or health of the community or the occupants of the park.

            B.         In order to protect and promote the public health, morals, and welfare, and to equitably defray the cost of municipal and educational services required by persons and families using or occupying a trailer or trailers, or mobile homes, trailer camps, or mobile home parks for living, dwelling, and sleeping purposes, it is ordained that no space within the Town of Geneva, Walworth County, Wisconsin, shall be used as a mobile home park or for the accommodation of a mobile home unit or trailer, which does not contain at least one thousand (1,000) square feet of land per trailer, and which is not equipped or capable of being equipped upon the granting of a license by the Town Board, with electric lights, and further equipped with sanitary facilities for the inhabitants thereof.  Such sanitary facilities to be inspected by the health officer of the Town of Geneva, Walworth County, Wisconsin, and approved by said health officer, which said approval shall be in writing and attached to the application of the applicant for such license.

            C.         Every such mobile home park, or space licensed for the accommodation of a mobile home unit or trailer, shall be located in a well drained area and shall have available for the use of the occupants thereof an adequate supply of pure water for drinking and domestic purposes, approved by the health officer of the Town of Geneva, shall be provided with adequate toilet facilities for each sex, with available sewerage connection if available, and if not, an adequate septic tank with proper drainage thereof, in accordance with the requirements of the State Board of Health of the State of Wisconsin.  The minimum requirements shall be one toilet (each sex) for each five trailers.

            D.        Every such campground shall be equipped or have available for its use at least one sanitary cesspool.  It shall be unlawful to permit any waste water or material from sinks, baths, showers, or other plumbing fixtures in trailers or mobile home units to be deposited upon the surface of the ground or to be piped directly therefrom into outlets other than those connected with the sewer system or the septic tank available for such purpose.

            E.         Every such mobile home park or space used for a mobile home unit or trailer shall be provided with a tight receptacle for each trailer, which receptacle shall be provided with a close-fitting metal cover, for garbage or refuse.  These receptacles shall be at all times maintained in a clean and sanitary condition.

            F.         Each mobile home park or space used for the accommodation of a mobile home unit shall be so located and maintained as to appear attractive, and to keep in a clean and sanitary manner in all respects, and all equipment shall be kept in a state of good repair and the Town reserves the right to cause such campground or space to be screened in by fences or hedges, or otherwise enclosed.

            G.        Every person receiving a license for operating a mobile home park or space for the accommodation of a single mobile home unit, and the owner of the premises upon which such space or mobile home park is located, shall be responsible under the terms of this Ordinance for the full and complete compliance with the provisions thereof, and further for the operation of such mobile home park or space, in the case of a single mobile home unit, in a clean, orderly, and respectable manner in all respects, and shall so regulate the conduct of the occupants of such mobile home units or trailers as may be located thereon, and the park in general, that there may be no violations of any of the Ordinances, rules, or regulations of the Town of Geneva, or the laws of the State of Wisconsin.  Any failure on the part of the operator of such park or space, or the Owner of the land where it is located, to comply with the provisions and terms of this Ordinance, shall be considered a violation on the part of the said owner or operator, and subject to the penalties herein provided.

            H.        Every person, firm, or corporation operating a mobile home park or space upon which a single mobile home unit may be situated, shall be registered the name and home address of each of the parties entered there, using said mobile home park or space, and a description of the car and trailer giving the make of each, together with the license number of the car or trailer, if any, and also the date of entry of such car and trailer into such camp, which said register shall at all times be available to the Town Board or health officer or either or any of them.

            I.          Any license granted under the provisions of this Section shall be subject to revocation or suspension for cause by the Town Board that issued such license upon complaint filed with the Clerk of such Town, signed by any law enforcement officer, health officer, or building inspector after a public hearing upon such complaint, provided that the holder of such license shall be given ten (10) days notice of such hearing, and he shall be entitled to appear and be heard as to why such license shall not be revoked.  Any holder of a license which is revoked or suspended by the governing body of the Town may, within twenty (20) days of the date of such revocation or suspension, appeal therefrom to the Circuit Court of Walworth County by filing a written notice of appeal with the Town Clerk, together with a bond executed to the Town in the sum of Five Hundred ($500.00) Dollars with two (2) sureties or a bonding company approved by the said Clerk, conditioned for the faithful prosecution of such appeal and the payment of costs adjudged against him.

            Section 3.         Fees and Licenses.

            A.        There is hereby imposed on each occupied, non-exempt mobile home located in the Town of Geneva a monthly parking fee as determined in accordance with Section 66.058, Wisconsin Statutes.  Said fees shall be paid to the Town Treasurer on or before the 10th day of the month following the month for which such fees are due.

            B.         Licenses of mobile home parks and owners of land on which are parked any occupied, non-exempt mobile homes shall furnish information to the Town Clerk and Town Assessor on such homes added to their park or land within 5 days after arrival of such homes on forms furnished by the Town Clerk in accordance with Section 66.058(3) (c) and (e), Wisconsin Statutes. 

            C.         Occupants or owners of non-exempt mobile homes parked outside of a mobile home park shall remit such fees directly to the Town Treasurer as provided in Section B.  It shall be the full and complete responsibility of the licensee of a mobile home park to collect such fees from each occupied, non-exempt mobile home therein and to remit such fees to the Town Treasurer as provided in Section B.

            D.        Owners of non-exempt occupied mobile homes, upon receipt of notice from the Town Clerk of their liability for the monthly parking permit fee, shall remit to the Town Clerk a cash deposit of Twenty-Five ($25.00) Dollars to guarantee payment of such fees when due to the Town Treasurer.  It shall be the full and complete responsibility of the licensee of a mobile home park to collect such cash deposits from each occupied, non-exempt mobile home therein and remit such cash deposits to the Town Clerk.  Upon receipt of a notice from the owner or licensee that the non-exempt, occupied mobile home has been or is about to be removed from the Town, the Town Clerk shall direct the Town Treasurer to apply said cash deposit to reduce any monthly parking permit fees for which said owner is liable and refund the balance, if any, to said owner.

            Section 4.         Application for License.

            Original application for mobile home park license shall be filed with the Clerk of the Town.  Applications shall be in writing, signed by the applicant, and shall contain the following:

            A.        The name and address of the applicant.

            B.         The location and legal description of the mobile home park.

            C.         The complete plan of the park.

            Section 5.         Plans and Specifications to be Filed.

            Accompanying and to be filed with an original application for a mobile home park, shall be plans and specifications which shall be in compliance with all applicable Town Ordinances, and provisions of the State Board of Health.  The Clerk, after approval of the application by the Town Board and upon completion of the work according to the plans, shall issue the license.

            Section 6.         Renewal of License.

            Upon application by any licensee and after approval by the Town Board and upon payment of the annual license fee, the Clerk of the Town shall issue a certificate renewing the license for another year, unless sooner revoked.  The application for renewal shall be in writing, signed by the applicant on forms furnished by the Town.

            Section 7.         Transfer of License Fee.

            Upon application for a transfer of license, the Clerk of the Town, after approval of the application by the Town Board, shall issue a transfer upon payment of the required Ten ($10.00) Dollar Fee.

            Section 8.         Penalties.

            Any person, firm, or corporation violating any of the provisions of this Ordinance shall, upon conviction thereof, be subject to a forfeiture not exceeding One Hundred ($100.00) Dollars or less than Ten ($10.00) Dollars for any one violation thereof, and the revocation of the license granted to any operator or owner of mobile home parks by the Town Board.  Each day that violation of the terms of this Ordinance continues shall be deemed a separate offense, and shall be punishable therefor as herein before provided.  In the event of the failure of any convicted person to pay the fine and costs, such person may be imprisoned in the County Jail for Walworth County, Wisconsin, for a period not to exceed thirty (30) days.