[HISTORY: Adopted by the Common Council of the City of Markesan
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 25, Secs. 25.01, 25.03 and 25.04, of the
1991 Municipal Code]
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:
A.
Wisconsin
Statutes. The term "Wisconsin Statutes" or "Wis. Stats.," wherever
used in this Code, shall mean the Wisconsin Statutes as of the adoption
of this Code, as amended or renumbered from time to time; the term
shall include session laws of the Legislature not yet printed in statute
form.
[Amended 4-14-2015 by Ord. No. 233]
B.
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.
C.
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.
D.
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.
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 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.
A.
General penalty. Except as provided in Subsection B below, 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 by Ord. No. 174; 4-14-2015 by Ord. No.
233]
(1)
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 $30 nor more than $500, 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.
(2)
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 $1,000
for each such offense, 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.
B.
Penalty for minors. In the event proceedings are commenced against children aged 16 or older for violations of Chapter 355, Vehicles and Traffic, of the Code of the City of Markesan, or children 14 years of age or older for other violations of this Code, except Chapter 355, Vehicles and Traffic, the provisions of §§ 938.17(2), 238.237, 48.37, 938.343 and 938.344, Wis. Stats., shall be applicable.
[Amended 4-14-2015 by Ord. No. 233]
C.
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.
D.
Execution
against defendant'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.
E.
A violation of the provisions of Chapter 314, Smoking, of the Code of the City of Markesan, relating to the prohibition of smoking in various enclosed places, shall be $100 for each violation, except that the forfeiture for the person in charge cannot exceed $100 per day. Furthermore, as prescribed by state statutes, a warning notice shall be issued to the person in charge for the first violation.
[Added by Ord. No. 216]
[Adopted 4-14-2015 by Ord. No. 233]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of Markesan of a general and permanent nature adopted by the Common Council of the City of Markesan, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 400, are hereby approved, adopted, ordained and enacted as the "Code of the City of Markesan," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede 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.
The provisions of the Code, insofar as they are substantively
the same as those of the ordinances in force immediately prior to
the enactment of the Code by this ordinance, are intended as a continuation
of such ordinances and not as new enactments, and the effectiveness
of such provisions shall date from the date of adoption of the prior
ordinances.
A copy of the Code 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 § 66.0103,
Wis. Stats., 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.
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 Markesan" 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 inserted in the Code as amendments
and supplements thereto.
The Clerk-Treasurer of the City of Markesan, pursuant to law,
shall cause to be published, in the manner required by law, a notice
of the adoption of this 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 publication
of notice of the enactment 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.
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 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 included as supplements to said Code.
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.
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 Markesan to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a penalty as provided in § 1-3 of the Code.
Each section of the Code is an independent 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. If any
provision of this Code or the application thereof to any person or
circumstances is held invalid, the remainder of this Code and the
application of such provision to other persons or circumstances shall
not be affected thereby.
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.
A.
All ordinances
or parts of ordinances inconsistent with the provisions contained
in the Code adopted by this ordinance are hereby repealed; provided,
however, that such repeal shall only be to the extent of such inconsistency,
and any valid legislation of the City of Markesan which is not in
conflict with the provisions of the Code shall be deemed to remain
in full force and effect.
B.
The 1991
City of Markesan Municipal Code (adopted 7-9-1991 by Ord. No. 131),
is hereby explicitly repealed.
The adoption of this Code and the repeal of ordinances provided for in § 1-15 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinance
adopted subsequent to March 10, 2015.
B.
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.
C.
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.
D.
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.
E.
Any franchise,
license, right, easement or privilege heretofore granted or conferred.
F.
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, highway,
park or other public place or any portion thereof.
G.
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.
H.
Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract or obligation.
I.
The levy
or imposition of taxes, assessments or charges.
J.
The annexation
or dedication of property or approval of preliminary or final subdivision
plats.
K.
Ordinances
providing for local improvements or assessing taxes or special assessments
therefor.
L.
All currently
effective ordinances pertaining to the rate and manner of payment
of salaries and compensation of officers and employees.
M.
Any legislation
relating to or establishing a pension plan or pension fund for municipal
employees.
N.
Any ordinances
adopting or amending the Zoning Map or otherwise rezoning property.
O.
Any charter
ordinances.
P.
Any ordinance
or portion of an ordinance establishing or amending a fee or fees.
Q.
Any ordinance
or portion of an ordinance establishing or amending a deposit or bond
schedule.
R.
Any ordinance
or portion of an ordinance establishing sewer or water rates or charges.
A.
In compiling and preparing the ordinances for publication as the Code of the City of Markesan, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection C hereof. 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.
B.
The following
changes are made throughout the Code:
(1)
References
to specific chapters and sections of the Wisconsin Statutes and Wisconsin
Administrative Code are amended to reflect the numbering of the statutes
and Administrative Code as of the publication of this Code.
(2)
References
to "Council" and "City Council" are changed to "Common Council."
C.
The amendments
and/or additions as set forth in Schedule A attached hereto and made
a part hereof are made herewith, to become effective upon the effective
date of this ordinance. (Chapter and section number references are
to the ordinances as they have been renumbered and appear in the Code.)
This ordinance shall take effect upon passage and publication
as required by law.
