[HISTORY: Adopted by the City Council of
the City of Weyauwega as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-21-2001 by Ord. No. 2001-01 as §§ 1-1-2, 1-1-3, 1-1-7 and 1-1-8 of the 2001 Code]
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 that 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 refer to the City of Weyauwega,
Waupaca County, Wisconsin.
C.
City Engineer.
"City Engineer" shall refer to the person or firm designated by the
City Council to perform engineering services on behalf of the City.
[Added 7-19-2010 by Ord. No. 2010-02]
D.
Code and Code of Ordinances. The words "Code," "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 Weyauwega unless
the context of the section clearly indicates otherwise.
E.
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 days, Saturdays, Sundays and legal holidays shall
be excluded in the computation. As used in this subsection, "legal
holiday" means any statewide legal holiday specified by state law
and any other City holiday designated by the City Council.
F.
Fine. The term "fine" shall be the equivalent of the
word "forfeiture," and vice versa.
G.
Gender. Every word in these ordinances referring to
the masculine gender shall also be construed to apply to females,
and vice versa; the masculine gender is used solely in the interest
of brevity.
H.
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.
I.
Joint authority. All words purporting to give a joint
authority to three or more City officers or employees shall be construed
as giving such authority to a majority of such officers or other persons.
J.
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.
K.
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.
L.
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 referring
to a plural number shall also be construed to apply to one person
or thing.
M.
Tense. The use of any verb in the present tense shall
not preclude the interpretation of the verb in the future tense where
appropriate.
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.
O.
Wisconsin Statutes. The term "Wisconsin Statutes"
and its abbreviation as "Wis. Stats." shall mean, in these ordinances,
the Wisconsin Statutes as of the adoption of this Code, as amended
or renumbered from time to time.
[Amended 7-19-2010 by Ord. No. 2010-02]
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.
A.
General penalty. Except where a penalty is provided
elsewhere 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:
(1)
First offense. Any person who shall violate any provision
of this Code shall, upon conviction thereof, forfeit not less than
$25 nor more than $500, together with the costs of prosecution.
(2)
Second and subsequent offenses. 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
$50 nor more than $1,000 for each such offense, together with costs
of prosecution.
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 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.
(3)
For a juvenile adjudged to have violated an ordinance
who violates a condition of a dispositional order of the court under
§ 938.343 or 938.344, Wis. Stats., the court is authorized
to impose any of the sanctions listed in § 938.355(6)(d),
Wis. Stats., in accordance with the provisions of those statutes.
This subsection is enacted under the authority of § 938.17(2)(cm),
Wis. Stats.
[Amended 7-19-2010 by Ord. No. 2010-02]
D.
Juvenile disposition alternatives for alcohol/drug
offenses.
(1)
Court orders.
(a)
If a juvenile is found to have engaged in underage
drinking of alcohol, drinking of alcohol on school premises or at
a school-sponsored activity, falsifying proof of age, possessing drug
paraphernalia, or delivery of drug paraphernalia to a minor in violation
of City ordinances, the court may order any of the following:
(b)
After ordering any of the above penalties, the court
may, with the juvenile's agreement, enter an additional order staying
the execution of the penalty order and suspending or modifying the
penalty imposed and may require the juvenile to do any of the following:
(2)
In addition to the dispositions listed above, the
court may order a juvenile to participate in a teen court program
if the following conditions are satisfied:
(a)
The chief judge of the judicial administrative district
has approved a teen court program established in the juvenile's county
of residence and the judge determines that participation in the court
program will likely benefit the juvenile and the community.
(b)
The juvenile admits or pleads no contest to the allegations
that the juvenile committed the violation in open court with the juvenile's
parent, guardian or legal custodian present.
[Amended 7-19-2010 by Ord. No. 2010-02]
(c)
The juvenile has not successfully completed participation
in a teen court program during the two years before the date of the
alleged violation.
(3)
If the court finds that a juvenile's parent or guardian
is unable to provide or refuses to provide court-ordered AODA services
for the juvenile through his or her health insurance or other third
party payments, the court may order the parent or health insurer to
pay.
E.
Dispositional alternatives for other ordinance violations.
(1)
The court may impose one or more of the following
dispositional alternatives against a juvenile found to have violated
a municipal ordinance, for which no penalty is otherwise provided,
as follows:
(a)
Counseling for the juvenile and/or the parent or guardian.
(b)
A forfeiture not to exceed the maximum forfeiture
that may be imposed on an adult for committing the same violation.
If the forfeiture is for a violation that is only applicable to a
juvenile, the maximum forfeiture amount is $50 plus costs.
(c)
Suspend a fishing, hunting or driving license in accordance
with § 938.343(2) and (6), Wis. Stats., for failure to pay
the forfeiture.
[Amended 7-19-2010 by Ord. No. 2010-02]
(d)
Order the juvenile to participate in a supervised
work program or other community service work.
(e)
Order participation in an AODA assessment, outpatient
AODA treatment or an AODA education program.
(f)
Order participation in a pupil assistance program
provided by the juvenile's school, provided that the juvenile's school
agrees.
(2)
In addition to the dispositions listed above, the
court may order a juvenile to participate in a teen court program
if the following conditions are satisfied:
(a)
The chief judge of the judicial administrative district
has approved a teen court program established in the juvenile's county
of residence and the judge determines that participation in the court
program will likely benefit the juvenile and the community.
(b)
The juvenile admits or pleads no contest to the allegations
that the juvenile committed the violation in open court with the juvenile's
parent, guardian or legal custodian present.
[Amended 7-19-2010 by Ord. No. 2010-02]
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 Administrator shall maintain in his/her office
a copy of any such material as adopted and as amended from time to
time. Materials on file at the City Administrator's office shall be
considered public records open to reasonable examination by any person
during the office hours of the City Administrator, subject to such
restrictions on examination as the City Administrator imposes for
the preservation of the material.
[Adopted 7-19-2010 by Ord. No. 2010-02]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of Weyauwega of a general and permanent nature adopted by the City Council of the City of Weyauwega, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 530, are hereby approved, adopted, ordained and enacted as the "Code of the City of Weyauwega," 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
Administrator 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 Administrator, and such certified copy shall remain on
file in the office of said City Administrator 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 City 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 Weyauwega" 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 Administrator of the City of Weyauwega, 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 Administrator 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 Administrator, or someone authorized
and directed by the Administrator, to keep up-to-date the certified
copy of the Code required to be filed in the Administrator'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 book.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Administrator or an authorized agent of the Administrator
upon the payment of a fee to be set by the City Council. The Administrator
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 Weyauwega 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 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. 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.
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 § 1-16 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 December 21, 2009.
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.
Water and sewer rates, rules and regulations and any ordinances related
to sewer and water main construction.
Q.
Any ordinance or portion of an ordinance establishing a specific
fee amount for any license, permit or service obtained from the City.
A.
In compiling and preparing the ordinances for publication as the Code of the City of Weyauwega, 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 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 adoption of the Code includes the adoption of the following new ordinance, as set forth in the copy of the Code on file in the office of the City Administrator: Chapter 43, Emergency Management.
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.)[1]
[1]
Editor’s Note: In accordance with § 1-18C, the chapters, parts or sections which were added, amended, adopted or deleted by this ordinance are indicated throughout this Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 7-19-2010 by Ord. No. 2010-02." 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.
