[HISTORY: Adopted by the Common Council of
the City of New Berlin as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-19-2001 by Ord. No. 2142[1]]
[1]
Editor's Note: Ord. No. 2242, adopted 8-10-2004,
provided for the readoption of the Code of the City of New Berlin,
inclusive of ordinances through Ord. No. 2235, adopted 4-13-2004.
Ord. No. 2255, adopted 1-25-2005, provided for the readoption of the
Code, inclusive of ordinances through Ord. No. 2250. Ord. No. 2290,
adopted 12-13-2005, provided for the readoption of the Code, inclusive
of ordinances through Ord. No. 2281.
Pursuant to § 66.0103, Wis. Stats., the various chapters and sections of the present Municipal Code of the City of New Berlin, and subsequent ordinances of the City of New Berlin of a general and permanent nature adopted by the Common Council of the City of New Berlin, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 275, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of New Berlin," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede
the present Municipal Code of the City of New Berlin 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.
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.
A copy of the Code, in loose-leaf form, has
been filed in the office of the City Clerk 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, and such certified copy shall
remain on file in the office of said City Clerk 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 New Berlin" 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.
The Clerk of the City of New Berlin, 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 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.
It shall be the duty of the City Clerk, or someone
authorized and directed by the Clerk, to keep up-to-date the certified
copy of the book containing the Code required to be filed in the Clerk'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.
Copies of the Code, or any chapter or portion
of it, may be purchased from the Clerk or an authorized agent of the
Clerk upon the payment of a fee to be set by the Common Council. The
Clerk may also arrange for procedures for the periodic supplementation
of the Code.
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 New Berlin 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.
A.
If the provisions of the different chapters of the
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.
B.
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.
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.
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.
The adoption of this Code and the repeal of ordinances provided for in § 1-12 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 February 14, 2001.
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.
A.
In compiling and preparing the ordinances for publication as the Code of the City of New Berlin, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections B and 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 City 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 are revised to reflect the numbering of the statutes
as of the publication of this Code.
(2)
All fees, except the fee for duplication of records,
are removed and replaced with wording indicating that the fees are
set by the Common Council.
(3)
All references to the "Department of Health and Social
Services" are amended to read "Department of Health and Family Services."
(4)
All references to the "Department of Industry, Labor
and Human Relations" are amended to read "Department of Commerce."
(5)
References to the "Building Inspector" are amended to read "Chief Building Inspector," except in Chapter 275, Zoning.
(6)
All references to the "Director of Buildings, Inspections
and Zoning" and "Zoning Administrator" are amended to read "Director
of Building, Inspection and Zoning or his designee."
(7)
All references to the "Building Department," "Inspection
Department" and "Building Inspection Department" are amended to read
"Building, Inspection and Zoning Department."
(8)
All references to the "Board of Zoning Appeals" and
"Zoning Board of Appeals" are amended to read "Board of Appeals."
(9)
All references to the "Board of Park and Recreation
Commissioners" and "Park Commission" are amended to read "Park and
Recreation Commission."[1]
[1]
Editor's Note: Ordinance No. 2238, adopted
6-22-2004, provided for the renaming of the Park and Recreation Commission
to the Parks, Recreation and Forestry Commission.
(10)
All references to the "Street Department" and "Streets
Department" are amended to read "Streets Division."
(11)
All references to the "Treasurer" and "Treasurer-Comptroller"
are amended to read "Director of Finance and Administration."
[Amended 7-23-2002 by Ord. No. 2180]
(12)
All references to the "License and Public Safety Committee"
are amended to read "License Committee."
C.
In addition, 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.)[2]
[2]
Editor's Note: In accordance with § 1-14C, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 6-19-2001 by Ord. No. 2142." Schedule A, which contains a complete description of all changes, is on file in the City offices.
This ordinance shall take effect upon passage
and publication as required by law.
[Adopted 10-10-2000 by Ord. No. 2124 as
Secs. 25.01, 25.03, 25.04 and 25.09 of the 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 ordinance:
A.
Wisconsin Statutes. All references to "Wisconsin Statutes"
or "Wis. Stats." mean the current edition of the Wisconsin Statutes
and include the most recent biennial session.
B.
Gender; singular and plural. Every word in this Code
and in any ordinance imparting the masculine gender may extend and
be applied to females as well as males, and every word imparting the
singular number only may extend and be applied to several persons
or things as well as to one person or thing, provided these rules
of construction shall not be applied to any provision which contains
any express language excluding such construction or when the subject
matter or context of such provision may be repugnant thereto.
C.
Person. The word "person" extends and applies to natural
persons, firms, corporations, associations, partnerships or other
bodies politic and to all entities capable of being sued, unless plainly
inapplicable.
D.
Acts of 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 requirement 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 is adopted by reference,
it shall be deemed incorporated in this Code as if fully set forth
herein, and the Clerk shall 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's office hours, subject to such orders or regulations
which the Clerk may prescribe for their preservation.
A.
General penalty. Except as otherwise provided, 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:
(1)
First offense. Any person who violates any provision
of this Code shall, upon conviction thereof, forfeit not less than
$5 nor more than $1,000, 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 such forfeiture and costs
are paid, but not exceeding 90 days.
(2)
Second offense. 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 within one
year shall, upon conviction thereof, forfeit not less than $10 nor
more than $1,000 for each such offense, together with costs of prosecution,
and, in default of payment of such forfeiture and costs, shall be
imprisoned in the county jail until such forfeiture and costs of prosecution
are paid, but not exceeding six months.
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.
Execution against defendant's property. Whenever any
person fails to pay any 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 such forfeiture and costs.
D.
Citation. Pursuant to § 66.0113, Wis. Stats.,
the City elects to use the citation method of enforcement of ordinances,
including ordinances for which a statutory counterpart exists.
(1)
Form. The form of the citation to be used by the City
is made a part of this section 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 section may be made which shall be delivered or mailed to
the Chief of Police prior to the time of the scheduled court appearances.
[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.
[5]
That if the court finds that the violation involves
an ordinance that prohibits conduct that is the same as or similar
to conduct prohibited by state statute punishable by fine or imprisonment
or both, and that the violation resulted in damage to the property
of or physical injury to a person other than the alleged violator,
the court may summon the alleged violator into court to determine
if restitution shall be ordered under § 800.093, Wis. Stats.
[Added 6-19-2001 by Ord. No. 2142]
(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 D(1)(g) above has been read. Such statement shall be sent or brought with the cash deposit.
(i)
Such other information as the City deems necessary.
(2)
Schedule of deposits.
[Amended 1-23-2001 by Ord. No. 2131; 2-15-2001 by Ord. No.
2129; 6-19-2001 by Ord. No. 2142]
(a)
The schedule of cash deposits attached is established
for use with citations issued under this section:
[Amended 12-11-2001 by Ord. No. 2161; 8-27-2002 by Ord. No.
2183; 1-27-2004 by Ord. No. 2224; 8-23-2005 by Ord. No. 2281; 11-8-2005 by Ord. No. 2289; 4-25-2006 by Ord. No. 2309; 11-13-2012 by Ord. No.
2490; 1-8-2013 by Ord. No. 2498; 1-8-2013 by Ord. No. 2499; 1-13-2015 by Ord. No. 2538; 1-10-2017 by Ord. No.
2584; 9-28-2021 by Ord. No. 2653]
|
Chapter/Section
|
Offense
|
Base Deposit
|
|---|---|---|
|
Ch. 83
|
Building address numbers required
|
$40
|
|
§ 88-45A
|
Cable services, unauthorized connections
|
$300
|
|
§ 88-45A
|
Unauthorized sale of cable devices, etc.
|
$300
|
|
Ch. 93
|
Use/possession of cigarettes/tobacco
|
$45
|
|
Ch. 111
|
Events and escort service
|
$300
|
|
§ 121-1
|
Discharge of firearms
|
$150
|
|
Discharge of firearms - exceptions
|
$150
| |
|
§ 124-12I
|
Sale and discharge of fireworks restricted
|
$150
|
|
§ 124-12N(1)
|
Open burning prohibited - 1st offense
|
$130
|
|
§ 124-12N(1)
|
Open burning prohibited - 2nd or more within a year
|
$220
|
|
§ 124-12N(2)
|
Open burning, dates restricted - 1st offense
|
$130
|
|
§ 124-12N(2)
|
Open burning, dates restricted - 2nd or more within a year
|
$220
|
|
§ 124-12N(2)(a) to (h)
|
Open burning, miscellaneous restrictions - 1st offense
|
$130
|
|
§ 124-12N(2)(a) to (h)
|
Open burning, miscellaneous restrictions - 2nd or more within
a year
|
$220
|
|
§ 124-12N(3)
|
Open burning, construction materials - 1st offense
|
$130
|
|
§ 124-12N(3)
|
Open burning, construction materials - 2nd or more within a
year
|
$220
|
|
§ 124-12N(5)
|
Open burning, Mayor, Chief may restrict - 1st offense
|
$130
|
|
§ 124-12N(5)
|
Open burning, Mayor, Chief may restrict - 2nd or more within
a year
|
$220
|
|
Hazardous waste management
|
$150
| |
|
§ 137-8
|
Littering prohibited
|
$150
|
|
§ 152-4A
|
U.A. alcohol, procure or attempts to [refer to § 125.07(4)(A),
Wis. Stats.]
| |
|
§ 152-4A
|
U.A. alcohol, consumes or possesses [refer to § 125.07(4)(B),
Wis. Stats.]
| |
|
§ 152-4A
|
I.D. card violations [refer to § 125.085(3)(B), Wis.
Stats.]
| |
|
§ 152-4A
|
School-related possession of alcohol [refer to § 125.09(2),
Wis. Stats.]
| |
|
§ 152-4F
|
Bar closing hours
|
$300
|
|
Sell/give liquor, beer to minors
|
$300
| |
|
Purchase, possession of beer, liquor by minors
|
$300
| |
|
§ 152-5A
|
License required by peddlers, canvassers
|
$75
|
|
§ 152-9A
|
Loudspeakers, operate without permit
|
$75
|
|
§ 152-10B
|
Dog, license required
|
$75
|
|
§ 152-10F
|
Dogs, public nuisance
|
$75
|
|
Run at large
|
$75
| |
|
Unreasonable noise
|
$75
| |
|
Defecation in public
|
$75
| |
|
Poor conditions
|
$75
| |
|
Leashed near public walk
|
$75
| |
|
Damage to property
|
$75
| |
|
Dogs, dangerous
|
$240
| |
|
Dogs, potentially dangerous, unpaid fees
|
Second ticket issued
| |
|
Dogs, potentially dangerous
|
$240
| |
|
§ 152-10K
|
Dogs on school property
|
$40
|
|
Penalties: subsequent violations
|
Additional 20% of base fine
| |
|
§ 152-14
|
Cats, license required
|
$40
|
|
Cats, stray or at large
|
$40
| |
|
Alarms, permit required
|
$75
| |
|
Alarms, false prohibited
|
$75
| |
|
§ 152-22
|
Secondhand article dealers
|
$300
|
|
§ 161-2B
|
Curfew law
|
$50
|
|
§ 161-3
|
Truancy
|
$50
|
|
§ 161-5
|
Possession of ignition device on school premises
|
$45
|
|
§ 171-1A
|
Loud and unnecessary noise prohibited
|
$75
|
|
§ 171-1B
|
Operation of motor vehicles
|
$75
|
|
§ 171-1C
|
Use of amplifier (see § 152-9)
|
$75
|
|
§ 175-1
|
Public nuisances prohibited
|
$150
|
|
Public nuisances affecting health, odors
|
$150
| |
|
Public nuisances offending morals, decency
|
$150
| |
|
Public nuisances affecting peace, safety
|
$150
| |
|
§ 175-5F
|
Noisy animals, fowl [dogs: see § 152-10G(4)]
|
$75
|
|
§ 175-6
|
Open cisterns, wells, basements, other excavations
|
$150
|
|
§ 175-7
|
Abandoned or unattended ice boxes, etc.
|
$75
|
|
§ 184-3A
|
Park hours
|
$45
|
|
Use of liquor in parks
|
$75
| |
|
Sell, dispense in designated area with permit
|
$75
| |
|
No glass beverage containers in park
|
$75
| |
|
§ 184-3E
|
Disorderly conduct in parks
|
$300
|
|
§ 184-3F
|
Smoking, when prohibited in parks
|
$40
|
|
Care of waste in parks (rubbish, etc.)
|
$75
| |
|
Care of waste in parks (broken glass)
|
$75
| |
|
§ 184-3H
|
Loudness of radios, TVs in parks
|
$45
|
|
§ 184-4
|
Permit required for public meeting
|
$45
|
|
§ 184-5
|
Permit required for parade, etc.
|
$75
|
|
§ 184-6
|
Permit required for speeches, music
|
$75
|
|
§ 184-7
|
Permit required for services, etc.
|
$75
|
|
§ 184-8
|
Permit required for soliciting, advertising
|
$75
|
|
§ 184-9A
|
Games and amusements in designated areas
|
$75
|
|
§ 184-9B
|
Gambling prohibited
|
$150
|
|
§ 184-10
|
Permits, interference with permittees
|
$75
|
|
§ 184-11
|
Use of firearms, exceptions
|
$300
|
|
§ 184-11
|
Use of fireworks
|
$75
|
|
§ 184-11
|
Use of sparklers
|
$40
|
|
§ 184-11
|
Hunting with bow and arrow, trapping
|
$115
|
|
§ 184-12
|
Throwing of stones, missiles
|
$115
|
|
§ 184-13
|
Making of fires
|
$40
|
|
§ 184-14B
|
Animals in parks, dogs on leash, when excluded
|
$40
|
|
§ 184-15B
|
Injury to vegetation, structures
|
$150
|
|
§ 184-15C
|
Removal of ice, sand prohibited
|
$150
|
|
§ 184-15E
|
Sleeping and camping regulated
|
$40
|
|
§ 184-15F
|
Erection of structures
|
$75
|
|
§ 184-16A
|
Location, installation of utilities
|
$75
|
|
§ 184-16B
|
Private drives and walks
|
$75
|
|
Dangerous excavations
|
$115
| |
|
§ 184-17A
|
Traffic regulations and parking areas
|
$115
|
|
§ 184-17C
|
Vehicles prohibited and minibikes
|
$115
|
|
Ch. 188-3 (state statute #)
| ||
|
§ 188-3 (§ 252.25)
|
Violation of law relating to health
|
$150
|
|
§ 188-3 (§ 323.28)
|
Emergency management
|
$200
|
|
§ 188-3 (§ 450.11)
|
Prescription drugs and prescription devices
| |
|
First offense
|
$350
| |
|
Second offense
|
$650
| |
|
Third or subsequent offense
|
$900
| |
|
§ 188-3 (§§ 940.19 to 940.24)
|
Life and bodily security
|
$350
|
|
§ 188-3 (§ 941.01 et seq.)
|
Public health and safety
|
$375
|
|
§ 188-3 (§ 942.01 et seq.)
|
Reputation, privacy and civil liberties
|
$300
|
|
§ 188-3 [Ch. 943 (all sections Property unless specifically noted)]
|
$300
| |
|
§ 188-3 (§ 943.01)
|
Damage to property
|
$375
|
|
§ 188-3 (§ 943.13)
|
Trespass to land
|
$150
|
|
§ 188-3 (§ 943.20)
|
Theft
|
$300
|
|
§ 188-3 (§ 943.21)
|
Fraud on hotel or restaurant keeper, recreational attraction,
taxicab operator or gas station
|
$115
|
|
§ 188-3 (§ 944.01 et seq.)
|
Sexual morality
|
$300
|
|
§ 188-3 (§ 945.01 et seq.)
|
Gambling
|
$150
|
|
§ 188-3 (§ 946.01 et seq.)
|
Government and its administration
|
$300
|
|
§ 188-3 (§ 947.01 et seq.)
|
Public peace, order and other interests
|
$300
|
|
§ 188-3 (§ 948.01 et seq.)
|
Children
|
$375
|
|
§ 188-3 (§ 951.01 et seq.)
|
Animals
|
$300
|
|
§ 188-3 (§ 961.41)
|
Controlled substances — prohibited acts A
| |
|
First offense
|
$350
| |
|
Second offense
|
$650
| |
|
Third or subsequent offense
|
$900
| |
|
§ 188-3 (§ 961.43)
|
Controlled substances - prohibited acts C
| |
|
First offense
|
$350
| |
|
Second offense
|
$650
| |
|
Third or subsequent offense
|
$900
| |
|
§ 188-3 (§§ 961.571 to 961.577)
|
Drug paraphernalia
| |
|
First offense
|
$350
| |
|
Second offense
|
$650
| |
|
Third or subsequent offense
|
$900
| |
|
§ 188-6
|
Loitering or prowling
|
$150
|
|
§ 188-8
|
Expose minors to harmful materials
|
$150
|
|
§ 188-9
|
Indecent advertising prohibited
|
$150
|
|
§ 188-10B
|
Dissemination of viewer-discretion labeled materials
|
$150
|
|
§ 188-14
|
Open intoxicants in motor vehicle
|
$150
|
|
§ 188-17
|
Sex offenders
|
First offense $500; each offense thereafter $800
|
|
§ 188-18
|
Permission required
| |
|
First offense
|
$150
| |
|
Second or subsequent offense
|
$300
| |
|
Recycling
|
$75
| |
|
§ 220-6
|
Licensing and regulation
|
$150
|
|
§ 220-7
|
Scavenging prohibited
|
$150
|
|
§ 220-8
|
Unauthorized dumping at City-operated recycling center
|
$150
|
|
Disposal of garbage and trash
|
$150
| |
|
§ 230-2
|
Snow and ice removal
|
$75
|
|
§ 230-5A
|
Obstructions and encroachments of public ways prohibited
|
$75
|
|
§ 230-6
|
Obstructions streets and sidewalks
|
$75
|
|
§ 230-9
|
Damaging streets prohibited
|
$75
|
|
§ 230-10
|
Barricades - interference with prohibited
|
$75
|
|
§ 230-11
|
Placing injurious substances on streets
|
$150
|
|
§ 250-6
|
Violation of transient lodging facility regulations
|
$300
|
|
Ch. 258
|
Abandoned and junked vehicles
|
$75
|
|
Ch. 261 (Transportation Code #)
|
All state Transportation Code violations (Trans § 305)
| |
|
Ch. 261 (state statutes #)
|
All state traffic statutes (§§ 340 to 348)
| |
|
§ 346.505, Wis. Stats.
|
Parked in handicapped zone
|
$150
|
|
Parking, less than 72 hours
|
$15
| |
|
Parking, after 72 hours
|
$40
| |
|
§ 261-5
|
Heavy traffic prohibited
|
$200
|
|
§ 261-6
|
Heavy or injurious vehicles restricted
|
$200
|
|
§ 261-7
|
Special street limitations
|
$200
|
|
§ 261-8
|
Temporary weight restrictions
|
$200
|
|
§ 261-9
|
Shortcut through business property prohibited
|
$75
|
|
§ 261-10
|
Operating/parking vehicle in emergency access lane
|
$150
|
|
§ 261-11D
|
Parking prohibited during snow emergency
|
$75
|
|
§ 261-11F
|
Deposit of snow on street prohibited
|
$40
|
|
§ 261-13A
|
State snowmobile laws adopted (Ch. 350, Wis. Stats.)
|
$40
|
|
§ 261-13E
|
Written consent of owner required
|
$150
|
|
§ 261-13F
|
Operation in parks prohibited
|
$75
|
|
§ 261-17A(11)
|
Operating minibikes on posted paths/trails
|
$115
|
|
§ 261-18
|
State Transportation Code adopted [Trans 100 through 400 (Trans
§ 305 above)]
| |
|
§ 261-19
|
State all-terrain vehicle laws adopted (SS § 23.33)
| |
|
§ 261-20
|
Debris from vehicle prohibited
|
$115
|
|
§ 261-21
|
Spilling debris from vehicle prohibited
|
$115
|
|
§ 261-22
|
Vehicle traffic over drainage ditches/curbs prohibited
|
$115
|
|
§ 267-5
|
Sprinkling restrictions
|
$40
|
(b)
Deposits shall be made in cash, money order or certified
check to the Chief of Police, who shall provide a receipt therefor.
(4)
Procedure. Section 66.0113(3), Wis. Stats., relating
to violator's options and procedure on default, is adopted and incorporated
herein by reference.
(5)
Nonexclusivity.
(a)
Other ordinances. Adoption of this section does not
preclude the 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.
(c)
Payment of assessments, costs and surcharges. All penalty assessments, jail assessments, laboratory assessments, municipal court costs and applicable surcharges which are required by state statute shall be added to the cash deposits set forth in § 1-18D(2)(a) in order to arrive at the total forfeiture for each offense. Pursuant to § 814.65(1), Wis. Stats., the municipal judge shall collect the maximum court costs permitted by state law.
[Amended 8-27-2002 by Ord. No. 2183]
A.
Aid and abet. No person shall intentionally aid and
abet, advise, hire, counsel or otherwise procure or assist another
to violate a City ordinance. A person can aid and abet even though
the person did not directly commit the violation and even if the person
who directly committed the violation has not been found guilty of
that or some other violation based upon the same set of facts.
B.
Solicitation. No person shall, with intent that an
ordinance be violated, advise another to violate an ordinance, even
though the person did not directly commit the ordinance violation
or did not directly violate the ordinance.
C.
Attempt. No person shall intend to perform acts and
attempt to violate an ordinance which, if complete, would violate
an ordinance and do any act toward the violation of the ordinance.
D.
Penalty. The penalties for the offenses in this section
shall be the same as the penalty for the underlying, substantive offense.
