Town of Oconomowoc, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Oconomowoc as indicated in article histories. Amendments noted where applicable.]
[Adopted as Secs. 25.01, 25.02(1), 25.03, 25.04 and 25.06 of the 1986 Town 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.," shall mean the Wisconsin Statutes for the years 1991-1992 and shall include the 1993-1994 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.
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.
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 shall violate any provision of this Code shall, upon conviction thereof, forfeit not less than $5 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 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 has previously been convicted of a violation of the same ordinance within one year shall, upon conviction thereof, forfeit not less than $10 nor more than $500 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 such forfeiture and costs 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 Town 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 Town, 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. Violations of nontraffic ordinances of the Town shall be enforced by the issuance of a municipal citation.
(1) 
Information required. The municipal citation shall contain the following information:
(a) 
The name and address of the alleged violator.
(b) 
Factual allegations describing the alleged violations.
(c) 
The time and place of the offense.
(d) 
The section of the Code 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 the Town Board as a part of this section may be made, which shall be delivered or mailed to the Police Department at the Town Hall 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 D(1)(g) above has been read. Such statement shall be sent or brought with the cash deposit.
(i) 
Such other information as the Town deems necessary.
(2) 
Schedule of deposits. The schedule of cash deposits for use with citations issued under this section shall be as adopted by the Town Board from time to time, and such schedule shall be on file in the office of the Chief of Police and in the office of the Clerk.
(3) 
Form of deposits. Deposits shall be in cash, money order or certified check to the Town Clerk or to the Clerk of Courts, Circuit Court Branch IV, who shall provide a receipt therefor.
(4) 
Issuance of citation. Any law enforcement officer may issue citations authorized under this section.
(5) 
Procedure. Section 66.0113(3), Wis. Stats., relating to violator's options and procedure on default, is adopted and incorporated herein by reference.
(6) 
Nonexclusivity.
(a) 
Other ordinances. This section does not preclude the Board from adopting any other ordinance or providing for the enforcement of any law or ordinance relating to the same or another matter.
(b) 
Other remedies. The issuance of a citation hereunder shall not preclude the Town 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.
The repeal or amendment of any section or provision of this Code or of any other ordinance or resolution of the Board shall not:
A. 
By implication be deemed to revive any ordinance not in force or existing at the time such repeal or amendment takes effect.
B. 
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 Town.
C. 
Affect any offense committed, or penalty or forfeiture incurred, previous to the time when any ordinance is repealed or amended; except when any forfeiture or penalty has 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.
D. 
Affect any prosecution for any offense, or the levy of any penalty or forfeiture pending at the time when any ordinance aforesaid is repealed or amended; but the right of action shall continue and the offender shall be subject to the penalty as provided in such ordinance, and such prosecution shall proceed, in all respects, as if such ordinance had not been repealed; except all such proceedings had after the time this Code takes effect shall be conducted according to the provisions of this Code.
[Adopted 8-6-2012 by Ord. No. 2012-3]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Town of Oconomowoc of a general and permanent nature adopted by the Town Board of the Town of Oconomowoc, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 280, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Oconomowoc," 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 Town 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 Town Clerk, and such certified copy shall remain on file in the office of said Town 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 Town Board to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Town of Oconomowoc" 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 of the Town of Oconomowoc, 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 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 Town Clerk, or someone authorized and directed by the Clerk, to keep up-to-date the certified copy of 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 included as supplements to said Code.
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 Town Board. 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 Town of Oconomowoc to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a penalty as set forth in Article I of this chapter.
A. 
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.
B. 
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.
The General Code of the Town of Oconomowoc, adopted October 6, 1986, and 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 and which are inconsistent with any provisions of 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 June 20, 2011.
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 Town'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 a zoning map or otherwise rezoning property.
O. 
Any charter ordinances.
P. 
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Town.
Q. 
Any ordinance or portion of an ordinance establishing or amending a deposit or bond schedule.
A. 
In compiling and preparing the ordinances for publication as the Code of the Town of Oconomowoc, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B 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 Town Board 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 amendments and/or additions as set forth below 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) 
Chapter 100, Animals, § 100-4, is revised to delete the phrase “as defined in § 174.06, Wis. Stats.”
(2) 
References throughout the Code to the Wisconsin Administrative Code have been updated.
This ordinance shall take effect upon passage and publication as required by law.