[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.)
This ordinance shall take effect upon passage and publication
as required by law.
