City of Brodhead, WI Chapter 1 General Provisions

[HISTORY: Adopted by the Common Council of the City of Brodhead as indicated in article histories. Amendments noted where applicable.]

Article I Construction and Penalties

[Adopted as Title 1, Ch. 1, §§ 1-1-2, 1-1-3, 1-1-5, 1-1-7 and 1-1-8, of the 1997 Code]

§ 1-1 Principles of construction.

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 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 Brodhead, Green and Rock Counties, Wisconsin.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. 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 Brodhead, unless the context of the section clearly indicates otherwise.

D. 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 section, "legal holiday" means any statewide legal holiday specified by state law and any other City holiday designated by the Common Council.

E. Fine. The term "fine" shall be the equivalent of the word "forfeiture," and vice versa.

F. 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.

G. 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.

H. 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.

I. 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 used.

J. 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.

K. 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 referred to a plural number shall also be construed to apply to one person or thing.

L. Tense. The use of any verb in the present tense shall not preclude the interpretation of the verb in the future tense where appropriate.

M. Wisconsin Statutes. The term "Wisconsin Statutes" and its abbreviation as "Wis. Stats." shall mean, in these ordinances, the most current version of the Wisconsin Statutes, as amended. Any future amendments, revisions or modifications of the statutes are intended to be made a part of this Code of Ordinances.

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.

§ 1-2 Conflicting provisions.

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.

§ 1-3 Effective date of Code and ordinances.

A. Code. The Code of Ordinances, City of Brodhead, Wisconsin, shall take effect from and after passage and publication as provided by state law.

B. Subsequent ordinances. All ordinances passed by the Common Council subsequent to the adoption of the Code of Ordinances, except when otherwise specifically provided, shall take effect from and after their publication.

§ 1-4 General penalty.

A. General penalty. Except where a penalty is provided elsewhere in this Code, any person over the age of 18 years 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]

(1) First offense. Any person over the age of 18 years who shall violate any provision of this Code shall, upon conviction thereof, forfeit not less than $150 nor more than $1,500, together with all costs, surcharges, penalty assessments, and any other taxable item of cost as provided for by the laws of the State of Wisconsin as applicable to forfeiture actions that are in effect at the time of the offense, and any other taxable costs as imposed by any other provision of this Code, 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 and subsequent offenses. Any person over the age of 18 years who is 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 or part of an ordinance within three years from the date of the last offense to the date of the current offense shall, upon conviction thereof, forfeit not less than $250 nor more than $2,500 for each such offense, together with all costs, surcharges, penalty assessments, and any other taxable item of cost as provided for by the laws of the State of Wisconsin as applicable to forfeiture actions that are in effect at the time of the offense, and any other taxable costs as imposed by any other provision of this Code, 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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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 or assessment 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. In the alternative, upon authorization of the court imposing any such forfeiture and costs, such sum as remains unpaid shall be assessed against any real property owned by the defendant within the City and shall be added to the City's portion of the property tax liability.

(3) In addition to any forfeiture imposed under this section or any other penalty section of the Code of Ordinances of the City of Brodhead, the City may institute an action or proceeding to enjoin any violation, and such violation or any nonpayment of any forfeiture and costs shall constitute the basis for revocation or denial of any and all licenses and permits wherein the City is the issuing authority.

(4) Upon stipulation of the parties, and subject to the approval of the court upon a finding that such stipulation is in the public interest and serves the interests of justice, the court may impose terms not to exceed $250 against a defendant upon dismissal of the action. The Clerk of Municipal Court shall, within seven days of receipt thereof, transfer such sum to the City Clerk-Treasurer for deposit in the general fund.

D. Time to pay. Any forfeiture and costs imposed as a penalty pursuant to this section or any penalty provisions of this Code shall be payable forthwith if so ordered by the court; however, the court may, in its discretion, allow reasonable time for payment, or reasonable payment plans, considering the defendant's ability to pay, and the court shall allow any time for payment or payment plan as provided for by any state law applicable at the time of imposition of the forfeiture.

E. Disposition of children 12 through 16 years of age adjudged to have violated an ordinance.

(1) If the court finds a child 12 through 16 years of age violated an ordinance adopted by this Code, other than an ordinance enacted under § 118.163, Wis. Stats., or § 290-24A or B, 290-26B or 290-27 of the Code of the City of Brodhead, it shall enter an order making one or more of the dispositional orders permitted under § 938.343(1), (2), (4), (5), (6), (7) or (8), Wis. Stats.

(2) Upon stipulation of the parties and subject to the approval of the court upon a finding that such stipulation is in the public interest and serves the interests of justice, the court may impose terms not to exceed $100 against the defendant upon dismissal of the action. The Clerk of Municipal Court shall, within seven days of receipt thereof, transfer such sum to the City Treasurer for deposit in the general fund.

F. Court authority to impose alternative juvenile dispositions and sanctions.

(1) For a juvenile adjudged to have violated an ordinance, a court is authorized to impose any of the dispositions listed in §§ 938.343 and 938.344, Wis. Stats., in accordance with the provisions of those statutes and this section.

(2) 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 municipal 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.

(3) This subsection is enacted under the authority of § 938.17(2)(cm), Wis. Stats.

G. Juvenile disposition alternatives for alcohol/drug offenses.

(1) Penalties.

(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 juvenile in violation of City ordinances, the Court may order any of the following:

[1] A forfeiture.

[2] Suspension or revocation of the juvenile's driver's license.

[3] Participation in a supervised work program.

(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:

[1] Submit to an alcohol or other drug abuse (AODA) assessment.

[2] Participate in an outpatient AODA treatment program if an AODA assessment recommends treatment.

[3] Participate in an AODA education program.

(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 violated Subsection G(1)(a) in open court with the juvenile's parent, guardian or legal custodian present;[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(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.

(4) If payment is not attainable as described in Subsection G(3) above, the Court may order the municipality to pay for any AODA services so ordered.

H. 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 as provided in § 938.17(2)(d), Wis. Stats.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(d) Order the juvenile to participate in a supervised work program or other community service work.

(e) Order participation in an AODA assessment, an outpatient AODA treatment or an AODA education program.

(f) Order participation in a pupil assistance program provided by the juvenile's school, provided 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 was truant in open court with the juvenile's parent, guardian or legal custodian present.

(c) The juvenile has not successfully completed participation in a teen court program during the two years before the date of the alleged violation.[4]

[4] Editor's Note: Original § 1-1-7(i), Violation of juvenile dispositional orders, of the 1997 Code, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

I. Parental liability for forfeitures. If the Court has adjudged a juvenile to have violated an ordinance and has ordered a forfeiture, other than for a violation of Chapter 432, Vehicles and Traffic, of the Code of the City of Brodhead, all or part of the forfeiture, plus costs, may be assessed against the juvenile, parent or guardian of the juvenile, or both.

[Amended 2-21-2001]

§ 1-5 Documents incorporated by reference.

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 Clerk-Treasurer 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 Clerk-Treasurer's office shall be considered public records open to reasonable examination by any person during the office hours of the City Clerk-Treasurer, subject to such restrictions on examination as the City Clerk-Treasurer imposes for the preservation of the material.

Article II Adoption of Code

[An ordinance adopting the Code of the City of Brodhead and making certain substantive changes to existing ordinances of the City was adopted by the Common Council 3-17-2015.]