Chapter I Use and Construction of Code of Ordinances
Chapter 2 Enforcement of Ordinances; Issuance
of Citations
1.1.1 Title of Code; Citation
1.1.2 Principles
of Construction
1.1.3 Conflict
of Provisions
1.1.4 Separability of Provisions
1.1.5 Effective Date of Ordinances
1.1.6 Repeal of General Ordinances
1.1.7 General Penalty
1.1.8 City Clerk to Maintain Copies of Documents
Incorporated by Reference
These
collected Ordinances shall be known and referred to as the "Code of
Ordinances, City of Glendale, Wisconsin."
References to the Code of Ordinances, City of Glendale, Wisconsin, shall
be cited as follows: "Section 2.1.1, Code of Ordinances, City of Glendale,
Wisconsin."
The
following rules or meanings shall be applied in the construction and
interpretation of ordinances codified in this Code of Ordinances unless such
application would be clearly inconsistent with the plain meaning or intent of
the ordinances:
(a)
Acts by Agents.
When an ordinance requires an act be done by a person which may be legally
performed by an authorized agent of that principal person, the requirement
shall be construed to include all acts performed by such agents.
(b)
City.
"City" shall mean the City of Glendale, Milwaukee County, Wisconsin.
(c)
Code and Code of 0rdinances. The words "Codes," "Municipal Code" and
"Code of Ordinances" when used in any section of this Code shall
refer to this Code of Ordinances of the City of Glendale unless the context of
the section clearly indicates otherwise.
(d)
Computation of Time.
In computing any period of time prescribed or allowed by these Ordinances, the
day of the act or event from which the period of time begins to run shall not
be included, but the last day of the period shall be included, unless it is a
Saturday, a Sunday or a legal holiday. If the period of time prescribed or
allowed is less than seven (7) days, Saturdays, Sundays and legal holidays
shall be excluded in the computation. As used in this Section, "legal
holiday" means any statewide legal holiday specified by state law and any
other City holiday designated by the Common Council.
(e)
Fine. The term
"fine" shall be the equivalent of the word "forfeiture,"
and vice versa.
(f)
Gender. Every word in
these Ordinances referring to the masculine gender shall also be construed to
apply to females, and vice versa.
(g)
General Rule.
All words and phrases shall be construed according to their plain meaning in
common usage. However, words or phrases with a technical or special meaning
shall be understood and construed according to that technical or special
meaning if such is the intent of the Ordinances.
(h)
Joint Authority.
All words purporting to give a joint authority to three (3) or more City
officers or employees shall be construed as giving such authority to a majority
of such officers of other persons.
(i)
Person. The word
"person" shall mean any of the following entities: natural persons, corporations,
partnerships, associations, bodies politic or any other entity of any kind
which is capable of being sued.
(j)
Repeal. When any
ordinance having the effect of repealing a prior ordinance is itself repealed,
such repeal shall not be construed to revive the prior ordinance or any part
thereof, unless expressly so provided.
(k)
Singular and Plural.
Every word in these Ordinances referring to the singular number only shall also
be construed to apply to several persons or things, and every word in these Ordinances
referred to a plural number shall also be construed to apply to one (1) person
or thing.
(l)
Tense. The use of
any verb in the present tense shall not preclude the interpretation of the verb
in the future tense where appropriate.
(m)
Wisconsin Statutes.
The term "Wisconsin Statutes" and its abbreviation as "Wis.
Stats." shall mean, in these Ordinances, the Wisconsin Statutes for the
year 1985-86, as amended.
(n)
Wisconsin Administrative Code. The term "Wisconsin Administrative Code" and its
abbreviation as "Wis. Adm. Code" shall mean the Wisconsin
Administrative Code as of the adoption of this Code, as amended or renumbered
from time to time.
State Law Reference:
Legal holidays, Sec. 256.17, Wis. Stats.
(a)
If the provisions of
different chapters conflict with each other, the provisions of each individual
chapter shall control all issues arising out of the events and persons intended
to be governed by that chapter.
(b)
If the provisions of
different sections of the same chapter conflict with each other, the provision
which is more specific in its application to the events or persons raising the
conflict shall control over the more general provision.
If
any provision of this Code of Ordinances is for any reason held to be invalid
or unconstitutional by reason of any decision of any court of competent
jurisdiction, such decision shall not affect the validity of any other
provisions of these Ordinances.
(a)
Code. The Code of
Ordinances, City of Glendale, Wisconsin, shall take effect from and after
passage and publication as provided by state law.
(b)
Subsequent Ordinances.
All Ordinances passed by the Common Council subsequent to the adoption of the
Code of Ordinances, except when otherwise specifically provided, shall take
effect from and after their publication.
State Law Reference: Municipal Code, Sec. 66.035, Wis. Stats.
(a)
Ordinances Repealed.
All general Ordinances heretofore adopted by the Common Council are hereby
repealed. This shall not include any Ordinances or parts of Ordinances or
resolutions relating to the following subjects and not conflicting with the
provisions of this Code, except that some of the following provisions may be
amended by this Code of Ordinances:
(1)
Any offense or act
committed or done or any penalty or forfeiture incurred or any contract or
right established or accruing before the effective date of this ordinance;
(2)
Any ordinance or
resolution promising or guaranteeing the payment of money for the City, or any
contract or obligations assumed by the City;
(3)
The administrative
Ordinances or resolutions of the City not in conflict or inconsistent with the
provisions of the Code;
(4)
Any appropriation
ordinance or resolution;
(5)
Any right or
franchise granted by the Common Council to any person, firm or corporation;
(6)
Any ordinance or
resolution dedicating, naming, establishing, locating, relocating, opening,
closing, paving, widening, vacating, etc., any street or public way in the
City;
(7)
Any ordinance or
resolution establishing or prescribing the street grades of any streets in the
City;
(8)
Any ordinance or
resolution providing for local improvements or assessing taxes or special
assessments therefor;
(9)
Any ordinance or
resolution dedicating or accepting any plat or subdivision in the City;
(10)
Any ordinance
annexing property to the City;
(11)
Any ordinance or
resolution regulating the erection, alteration, repair, maintenance,
demolition, moving or removal of buildings or other structures;
(12)
Zoning ordinances;
dwelling building code; and other building code ordinances.
(13)
Charter ordinances.
(14)
The issuance of
corporate bonds and notes of the City of whatever name or description.
(15)
Water and sewer
rates, rules and regulations and sewer and water main construction.
(b)
Effect of Repeals.
The repeal or amendment of any provision of this Code or of any other ordinance
or resolution of the Common Council shall not:
(1)
Affect any rights,
privileges, obligations or liabilities which were acquired or incurred or which
had accrued under the repealed or amended provision, unless the City has
expressly reserved the right to revoke such right, privilege, obligation or
liability.
(2)
Affect any offense,
penalty or forfeiture, or prosecution for any offense, or levy of any penalty
or forfeiture which has arisen prior to the repeal or amendment of the relevant
provision of any ordinance or resolution. The preceding sentence shall not
preclude the application of a lesser penalty or forfeiture if the new amending
or repealing provision contains such a lesser penalty or forfeiture. The
procedure for prosecution of any violations of Ordinances repealed or amended
shall be conducted according to the procedure set forth in the new amending or
repealing provision or other procedure currently in effect.
(a)
General Penalty.
Except where a penalty is provided elsewhere in this Code, any person over the
age of seventeen (17) years and older who shall violate any of the provisions
of this Code shall, upon conviction of such violation, be subject to a penalty,
which shall be as follows:
(1)
First
Offense – Penalty. Any person the age of seventeen (17) years and older
who shall violate any provision of this Code shall, upon conviction thereof,
forfeit not less than Twenty-five Dollars ($25.00) nor more than One Thousand
Five Hundred Dollars ($1,500.00), together with all costs, surcharges, penalty
assessments, and any other taxable item of cost as provided for by the laws of
the State of Wisconsin as applicable to forfeiture actions that are in effect
at the time of the offense, and any other taxable costs as imposed by any other
provision of this Code, and in default of payment of the same, shall be
imprisoned in the House of Correction for one (1) day for each Twenty-five
Dollars ($25.00) owed, or fraction thereof, but not to exceed ninety (90) days.
Any imprisonment imposed in lieu of payment shall comply with any
then-applicable state law requiring a lesser alternate period of imprisonment.
(2)
Second and
Subsequent Offenses -- Penalty. Any person the age of
seventeen (17) years and older who is found guilty of violating any ordinance
or part of an ordinance of this Code who has previously been convicted of a
violation of the same ordinance or part of an ordinance within three (3) years
from the date of the last offense to the date of the current offense shall,
upon conviction thereof, forfeit not less than Fifty Dollars ($50.00) nor more
than Two Thousand Five Hundred Dollars ($2,500.00) for each such offense,
together with all costs, surcharges, penalty assessments, and any other taxable
item of cost as provided for by the laws of the State of Wisconsin as
applicable to forfeiture actions that are in effect at the time of the offense,
and any other taxable costs as imposed by any other provision of this Code and,
in default of payment of the same, shall be imprisoned in the House of
Correction for one (1) day for each Twenty-five Dollars ($25.00) owed, or
fraction thereof, but not to exceed ninety (90) days. Any imprisonment imposed
in lieu of payment shall comply with any then-applicable state law requiring a
lesser alternate period of imprisonment.
(b)
Continued Violations.
Each violation and each day a violation continues or occurs shall constitute a
separate offense. Nothing in this Code shall preclude the City from maintaining
any appropriate action to prevent or remove a violation of any provision of
this Code.
(c)
Other Remedies.
(1)
The City shall have
any and all other remedies afforded by the Wisconsin Statutes in addition to
the forfeitures and costs of prosecution above.
(2)
Execution or
assessment against defendant's property. Whenever any person fails to pay a
forfeiture and costs of prosecution upon the order of any court for violation
of any ordinance of the City, the court may, in lieu of ordering imprisonment
of the defendant, or after the defendant has been released from custody, issue
an execution against the property of the defendant for said forfeiture and
costs. In the alternative, upon authorization of the court imposing any such
forfeiture and costs, such sum as remains unpaid shall be assessed against any
real property owned by the defendant within the City and shall be added to the
City's portion of the property tax liability.
(3)
In addition to any
forfeiture imposed under this Section or any other penalty section of the Code
of Ordinances of the City of Glendale, the City may institute an action or
proceeding to enjoin any violation; and such violation or any nonpayment of any
forfeiture and costs shall constitute the basis for revocation or denial of any
and all licenses and permits wherein the City is the issuing authority.
(4)
Upon stipulation of
the parties, and subject to the approval of the court upon a finding that such
stipulation is in the public interest and serves the interests of justice, the
court may impose terms not to exceed Two Hundred Fifty Dollars ($250.00)
against a defendant upon dismissal of the action. The Clerk of Municipal Court
shall, within seven (7) days of receipt thereof, transfer such sum to the City
Treasurer for deposit in the General Fund.
(d)
Time to Pay.
Any forfeiture and costs imposed as a penalty pursuant to this Section or any
penalty provisions of this Code shall be payable forthwith if so ordered by the
court; however, the court may, in its discretion, allow reasonable time for
payment, or reasonable payment plans, considering the defendant's ability to
pay, and the court shall allow any time for payment or payment plan as provided
for by any state law applicable at the time of imposition of the forfeiture.
(e)
Disposition of Children Twelve (12) Through Sixteen (16)
Years of Age Adjudged to Have Violated an Ordinance.
(1)
If the court finds
that a child twelve (12) through sixteen (16) years of age violated an
ordinance adopted by this Code, other than an ordinance enacted under Sec.
118.163, Wis. Stats., or Subsections 11-4-4(a) or (b), 11-4-6(b) or 11-4-7 of
this Code of Ordinances, it shall enter an order making any one (1) or more of
the dispositional orders permitted under Sec. 938.343(1), (2), (4), (5), (6),
(7) or (8), Wis. Stats.
(2)
Upon stipulation of
the parties and subject to the approval of the court upon a finding that such
stipulation is in the public interest and serves the interests of justice, the
court may impose terms not to exceed One Hundred Dollars ($100.00) against the
defendant upon dismissal of the action. The Clerk of Municipal Court shall,
within seven (7) days of receipt thereof, transfer such sum to the City
Treasury for deposit in the General Fund.
(f) Delinquent and
late fees and charges. Except as
otherwise provided by State Statute or other provisions of this Code, any fee,
service charge, or cost for any license, service, or as to any financial
obligation, due and owing the City of Glendale, or payable through the City of
Glendale as a collecting agency, and which is due on a date certain, shall bear
interest at the rate of 1.5% per month for each month or portion thereof that
it is late or delinquent. The City
reserves the right to collect such delinquency penalty through any legal means
attendant with the nature of the obligation.
(g) Fee schedules for operations or activities commenced
without permit. In lieu of
any other penalty provided by the Glendale Code, the fee for any permit issued
to any person or legally cognizable entity which has commenced or engaged in
any activity requiring a permit, or who has assisted or participated or caused
to occur any activity requiring a permit, without having first obtained such
permit, shall be two times the scheduled fee for such permit as provided for by
this Code.
State Law Reference:
Sec. 48.17, Wis. Stats.
Whenever
any standard code, rule, regulation, statute or other written or printed matter
is adopted by reference, it shall be deemed incorporated in this Code as if
fully set forth herein and the City Clerk shall maintain in his office a copy
of any such material as adopted and as amended from time to time. Materials on
file at the City Clerk's office shall be considered public records open to
reasonable examination by any person during the office hours of the City Clerk
subject to such restrictions on examination as the City Clerk imposes for the
preservation of the material.
1.2.1 Method of Enforcement
1.2.2 Information Contained in Citation
1.2.3 Form of Citation
1.2.4 Schedule of Deposits
1.2.5 Issuance of Citation
1.2.6 Procedure
1.2.7 Non-exclusivity
(a)
Authority.
Pursuant to the authority of Sec. 66.119, Wis. Stats., as amended, the City of
Glendale hereby elects to adopt and authorize the use of a citation to be
issued for violations of ordinances, including ordinances for which a statutory
counterpart exists. The City of Glendale hereby elects to use the citation
method of enforcement of ordinances. The City of Glendale is authorized to use
and shall employ citation forms, such citations to conform to governing state
statutes for traffic and municipal ordinance regulation, to charge violations
of ordinances, including, but not limited to, ordinances for which statutory
counterparts exist, as well as all municipal violations subject to prosecution
in the municipal court, and all adopted state traffic code violations,
municipal building, housing, zoning or regulatory ordinances and all other
violations providing for penalty by forfeiture. It is the intent of this
Section that no complaint forms be required unless required to be attached to a
summons when effecting service of process alternate to personal service or as
otherwise specifically required by state law.