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,
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, or when an ordinance prohibits an
act, or renders a particular activity or omission wrongful under this code, any
violations of the ordinance shall be prosecutable as to the agent, the
principal, or both. Prosecution of a
principal for acts or omissions of the agent shall require that the agent be
acting within the scope of the principal’s authority.
(b)
City.
"City" shall mean the City of
(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
(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)
(n)
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,
(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,
(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 One Hundred
Dollars ($100.00) 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 One Hundred Dollars ($100.00) 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,
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
(b)
Citation.
The form of the citation is hereby prescribed as found in Sec. 66.119(1)(b),
Wis. Stats., as amended, which is incorporated herein by reference.
(c)
Schedule of Cash Deposits.
A schedule of cash deposits is established by Section 1-2-4, as amended, which
is incorporated herein by reference.
The
citation shall contain the following:
(a)
The name and
address of the alleged violator.
(b)
Factual
allegations describing the alleged violation.
(c)
The time and
place of the offense.
(d)
The section of
the ordinance violated.
(e)
A designation
of the offense in such manner as can readily be understood by a
person making a reasonable effort to do so.
(f)
The time at
which the alleged violator may appear in court.
(g)
A statement
which in essence informs the alleged violator:
(1)
That a cash
deposit based on the schedule established by this Chapter may be made which
shall be delivered or mailed to the Clerk of Municipal Court or Chief of Police
prior to the time of the scheduled court appearance.
(2)
That if a
deposit is made, no appearance in court is necessary unless he is subsequently
summoned.
(3)
That if a cash
deposit is made and the alleged violator does not appear in court, he will be
deemed to have entered a plea of no contest, or, if the court does not accept
the plea of no contest, a summons will
be issued commanding him to
appear in court to answer the complaint.
(4)
That if no
cash deposit is made and the alleged violator does not appear in court at the
time specified, an action may be commenced to collect the forfeiture.
(h)
A direction
that if the alleged violator elects to make a cash deposit, the statement which
accompanies the citation shall be signed to indicate that the statement
required under Subsection (a) above has been read. Such statement shall be sent
or brought with the cash deposit.
(i)
Such other
information as the City deems necessary.
The
form of the citation to be used by the City is on file in the City Clerk's
office and is adopted by reference as though fully set forth herein.
(a)
The schedule
of cash deposits shall be established for use with citations issued under this
Chapter by the Common Council according to the penalty provisions of this Code.
The State of Wisconsin Revised Uniform State Traffic Deposit Schedule, and
Alcohol Beverages, Harassment and Safety Violations Deposit Schedule, and Uniform
Misdemeanor Bail Schedule, and Trespass to Land Deposit Schedule, including
future amendments, revisions or modifications, is adopted for all violations of
state statutes adopted by this Code, and statutory counterpart ordinances
adopted by this Code.
(b)
Deposits shall
be made in cash, money order, personal check or certified check to the Clerk of
Municipal Court who shall provide a receipt therefor.
(a)
Law Enforcement Officer.
Any law enforcement officer may issue citations authorized under this Chapter.
(b)
City Officials.
The following City officials may issue citations with respect to those
specified ordinances which are directly related to their official
responsibilities:
(1)
Any police
officer;
(2)
Building
Inspector;
(3)
Fire Inspector;
(4)
School
Crossing Guards;
(5)
Plumbing
Inspector/Sanitary Health Inspector;
(6)
Electrical
Inspector/Property Maintenance Inspector;
(7)
Zoning
Administrator.
Section
66.119(3), Wis. Stats., relating to violator's options and procedure on default,
is hereby adopted and incorporated herein by reference.
(a)
Other Ordinance.
Adoption of this Chapter does not preclude the Common Council from adopting any
other ordinance or providing for the enforcement of any other law or ordinance
relating to the same or other matter.
(b)
Other Remedies.
The issuance of a citation hereunder shall not preclude the City or any
authorized officer from proceeding under any other ordinance or law or by any
other enforcement method to enforce any ordinance, regulation or order.