City of Shawano, WI General Provisions

Code supersedes prior ordinances. This ordinance and the Code shall supersede the present Municipal Code of Shawano, adopted 4-7-1982 by Ordinance No. 872, as amended, and all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.

Continuation of existing provisions. The provisions of the Code, insofar as they are substantively the same as those of the legislation in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such legislation and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior legislation.

§ 20.03 Rules of construction.

In the construction of this Code, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the ordinances:

Wisconsin Statutes. The term "Wisconsin Statutes" or "Wis. Stats." or "W.S.A.," wherever used in this Code, shall mean the Wisconsin Statutes as currently in force and effect.

Gender: singular and plural. Every word in this Code and in any ordinance importing the masculine gender may extend and be applied to females as well as males, and every word importing the singular number only may extend and be applied to several persons or things as well as to one person or thing; provided that these rules of construction shall not be applied to any provisions which shall contain any express language excluding such construction or when the subject matter or context of such provisions may be repugnant thereto.

Person. The word "person" extends and applies to natural persons, firms, corporations, associations, partnerships or other bodies politic and all entities of any kind capable of being sued unless plainly inapplicable.

Acts by agents. When a provision requires an act to be done which may by law as well be done by an agent as by the principal, such requisition shall be construed to include all such acts when done by an authorized agent.

§ 20.031 Miscellaneous fees and charges.

[Added 6-8-2011 by Ord. No. 1792]

In consideration for the administrative costs that the City incurs due to the processing of various petitions, applications and time spent by City staff, the Council hereby imposes the following charges:

Petition for annexation of property. A fee to be set by Council resolution plus other agency fees (i.e., state and county); plus GIS fee of $10 per parcel. Said amount shall be paid at the time that the petition for annexation is filed with the City Clerk's office. The City Clerk-Treasurer shall not process the petition for annexation until said fees have been paid.

Petition to vacate City right-of-way or other property. A fee to be set by Council Resolution plus other agency fees (i.e., state and county); plus GIS fee of $10 per parcel. Said amount shall be paid at the time that the petition to vacate City right-of-way or other property is filed with the City Clerk's Office. The City Clerk-Treasurer shall not process the petition to vacate City right-of-way or other property until said fees have been paid.

Petition for Comprehensive Plan land use amendment. A fee to be set by Council Resolution plus other agency fees (i.e., state and county); plus $10 per parcel GIS fee. Said amount shall be paid at the time that the Petition for Comprehensive Plan land use amendment is filed with the City Clerk's office. The City Clerk-Treasurer shall not process the petition for Comprehensive Plan land use amendment until said fees have been paid.

§ 20.04 Penalty provisions. [1]

General penalty. Except as provided in Subsection (2) of this section, whenever so provided in this Code, any person 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:

[Amended 10-9-2002 by Ord. No. 1535; 1-10-2007 by Ord. No. 1676; 1-10-2007 by Ord. No. 1677]

(a)

First offense; penalty. Any person who shall violate any provision of this Code subject to a penalty shall, upon conviction thereof, forfeit not less than $50 nor more than $2,500 (unless as otherwise specified herein), together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution, shall be imprisoned in the county jail until said forfeiture and costs are paid, but not exceeding 90 days.

(b)

Second offense; penalty. Any person found guilty of violating any ordinance or part of an ordinance of this Code who shall previously have been convicted of a violation of the same ordinance shall, upon conviction thereof, forfeit not less than $100 nor more than $3,000 (unless as otherwise specified herein), together with the costs of prosecution and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until said forfeiture and costs of prosecution are paid, but not to exceed six months.

Penalty for minors. In the event that proceedings are commenced against children aged 16 or older for violations of Chapter 4 of this Code, or children 12 years of age or older for other violations of this Code except Chapter 4, the provisions of W.S.A. ss. 938.17(2), 938.237, 938.343, 938.37 and 938.344, or as said sections are amended, shall be applicable.

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.

Execution against dependent's property. Whenever any person fails to pay any forfeiture and costs of prosecution upon the order of the 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.

(5)

Procedure. Unless otherwise specified in this Code, the procedure as set forth in § 8.07 of this Code may be used for violations of the provisions of this Code and the Bond Schedule located at the end of this chapter; provided, however, that if the violator is under the age of 18, the provisions of § 20.04(2) shall apply. In addition to the deposit amount set forth in the attached Bond Schedule, all state or county mandated charges shall be added to the amount of said Bond Schedule.

(6)

Schedule of deposits. The cash deposits as found at Section 20.19 of this Code are established by use, with the citation issued pursuant to provisions of this Code. The Municipal Court costs, State Court costs, state penalty assessment and jail assessment figures as set forth herein shall be automatically amended at such time as said costs and/or assessments are amended by state statute. Said Municipal Court costs shall be assessed at the maximum amounts allowed by law.

[1]

Editor's Note: See also the Bond Schedule included as an attachment to Chapter 20, General Provisions.

§ 20.05 Copy of Code on file; documents incorporated by reference.

A copy of the Code, in loose-leaf form, has been filed in the office of the City Clerk-Treasurer and shall remain there for use and examination by the public for at least two weeks, in accordance with W.S.A. s. 66.035, and until final action is taken on this ordinance, and, if this ordinance shall be adopted, such copy shall be certified to by the City Clerk-Treasurer, and such certified copy shall remain on file in the office of said City Clerk-Treasurer to be made available to persons desiring to examine the same during all times while said Code is in effect.

Clerk-Treasurer to file documents incorporated by reference. Whenever in this Code any standard, code, rule, regulation or other written or printed matter, other than the Wisconsin Statutes or other sections of this Code, are adopted by reference, they shall be deemed incorporated in this Code as if fully set forth herein, and the Clerk-Treasurer is hereby directed and required to file, deposit and keep in his or her office a copy of the code, standard, rule, regulation or other written or printed matter as adopted. Materials so filed, deposited and kept shall be public records open for examination with proper care by any person during the Clerk-Treasurer's office hours, subject to such orders or regulations which the Clerk-Treasurer may prescribe for their preservation.

§ 20.06 Amendments to Code.

Any and all additions, deletions, amendments or supplements to the Code, when adopted in such form as to indicate the intention of the Common Council to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the City of Shawano" shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto.

§ 20.07 Publication; filing.

The Clerk-Treasurer of the City of Shawano, pursuant to law, shall cause to be published, in the manner required by law, a copy of this Adoption Ordinance. Sufficient copies of the Code shall be maintained in the office of the Clerk-Treasurer for inspection by the public at all times during regular office hours. The enactment and publication of this ordinance, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 20.08 Code book to be kept up-to-date; revisor's changes.

It shall be the duty of the City Clerk-Treasurer, or someone authorized and directed by the Clerk-Treasurer, to keep up-to-date the certified copy of the book containing the Code required to be filed in the Clerk-Treasurer's office for use by the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.

As each ordinance or resolution affecting this Code becomes effective, the Clerk-Treasurer shall forward such ordinance or resolution to the revisor who shall incorporate the same into the Code. The revisor shall make no substantive changes to such ordinances and resolutions, but he or she may renumber, rearrange and edit them without first submitting them to the Council; and such renumbering, rearranging and editing shall not affect the validity of such ordinances and resolutions or the provisions of this Code affected thereby.

§ 20.09 Sale of Code book.

Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk-Treasurer or an authorized agent of the Clerk-Treasurer upon the payment of a fee to be set by the Common Council. The Clerk-Treasurer may also arrange for procedures for the periodic supplementation of the Code.

§ 20.10 Altering or tampering with Code; penalties for violation.

It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Shawano to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a fine of not more than $500, in the discretion of the Judge imposing the same.

§ 20.11 Severability of Code provisions.

Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

§ 20.12 Conflict of Code provisions.

If the provisions of the different chapters of this Code conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions arising out of the subject matter of such chapter.

§ 20.13 Severability of ordinance provisions.

Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

§ 20.14 Repealer.

All ordinances or parts of ordinances of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this Adoption Ordinance, except as hereinafter provided.

§ 20.15 Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 20.14 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

Any ordinance adopted subsequent to March 10, 1999.

Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.

Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom.

Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance brought pursuant to any legislative provision.

(5)

Any franchise, license, right, easement or privilege heretofore granted or conferred.

(6)

Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, sidewalk, highway, park or other public place or any portion thereof.

(7)

Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the City's indebtedness.

(8)

Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.

(9)

The levy or imposition of taxes, assessments or charges.

(10)

The annexation or dedication of property or approval of preliminary or final subdivision plats.

(11)

Ordinances providing for local improvements or assessing taxes or special assessments therefor.

(12)

All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.

(13)

Any legislation relating to or establishing a pension plan or pension fund for municipal employees.

(14)

Charter ordinances.

(15)

The issuance of corporate bonds and notes of the City of whatever name or description.

(16)

The lighting of streets and alleys.

(17)

The letting of contracts without bids.

(18)

Release of persons, firms or corporations from liability.

(19)

Construction of any public works.

(20)

Water, sewer and electric rates, rules and regulations and sewer and water main construction.

(21)

Budget ordinances, resolutions and actions.

§ 20.16 Effect of repeals.

The repeal or amendment of any section or provision of this Code or of any other ordinance or resolution of the Council shall not:

By implication be deemed to revive any ordinance not in force or existing at the time at which such repeal or amendment takes effect.

Affect any vested right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed or amended, unless the privilege of repealing such obligation or privilege has been reserved by the City.

Affect any offense committed or penalty or forfeiture incurred previous to the time when any ordinance shall be repealed or amended, except that when any forfeiture or penalty shall have been mitigated by the provisions of any ordinance, such provisions shall apply to and control any judgment to be pronounced after such ordinance takes effect for any offense committed before that time.

Affect any prosecution for any offense or the levy of any penalty or forfeiture pending at the time when any ordinance aforesaid shall be repealed or amended, but the right of action shall continue and the offender shall be subject to the penalty as provided in such ordinances, and such prosecution shall proceed, in all respects, as if such ordinance or ordinances had not been repealed, except that all such proceedings had after the time this Code shall take effect shall be conducted according to the provisions of this Code, and shall be, in all respects, subject to the provisions of this Code.

§ 20.17 Changes in previously adopted ordinances.

In compiling and preparing the ordinances for publication as the Code of the City of Shawano, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection (2) hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Common Council that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.