[HISTORY: Adopted by the Common Council of the City of Watertown
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Citations — See Ch. 88.
Municipal Court — See Ch. 38.
[Adopted as §§ 25.01, 25.02(1), 25.03, 25.04
and 25.11 of the former City Code]
In the construction of this Code of General Ordinances, the
following rules shall be observed, unless such construction would
be inconsistent with the manifest intent of the ordinance:
A.
Reference
to Wisconsin Statutes. All references in this Code to "Wisconsin Statutes"
or "Wis. Stats." shall mean the Wisconsin Statutes as of the adoption
of this Code and shall include all renumbering, revisions and amendments
thereto.
[Amended by Ord. No. 81-27; 10-4-2016 by Ord. No.
16-18]
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 provisions which shall contain any express language
excluding such construction or when the subject matter or context
of such provisions may be repugnant thereto.
C.
Person.
The word "person" extends and applies to natural persons, firms, corporations,
associations, partnerships or other bodies politic and all entities
of any kind 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.
[Amended 7-5-2022 by Ord. No. 22-63]
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 or her 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. Any person, upon conviction for violating any provision of
this Code for which another penalty is not provided, may be required
to forfeit not more than $2,000.
[Amended by Ord. No. 71-67; Ord. No. 92-61; Ord. No. 07-01]
B.
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.
C.
Dispositions
for juvenile offenders.
[Added by Ord. No. 97-67]
(1)
Purpose. Pursuant to § 938.17(2), Wis. Stats., the City
of Watertown hereby authorizes the Municipal Court of the City of
Watertown to utilize any and all dispositional alternatives authorized
by state law in exercising jurisdiction over juveniles for violations
of the City of Watertown municipal ordinances.
(2)
Pursuant to § 938.17(2)(cm), Wis. Stats., the Municipal
Court of the City of Watertown shall have authority to impose the
following dispositions and sanctions in every proceeding against juveniles
for violations of the City of Watertown municipal ordinances:
(a)
Any and all dispositions under § 938.343, Wis. Stats.,
as amended from time to time, which section is hereby adopted by reference;
(b)
Any and all dispositions under § 938.344, Wis. Stats.,
as amended from time to time, which section is hereby adopted by reference;
and
(c)
Any and all sanctions under § 938.355(6)(d), Wis. Stats.,
except § 938.355(6)(d)1, as amended from time to time, which
section is hereby adopted by reference.
D.
Municipal
Court fees. In a Municipal Court action, except an action for violation
of an ordinance in conformity with § 347.48(2m), Wis. Stats.
(seat belt violations), the Municipal Judge shall collect a fee of
$38 on each separate matter, whether it is on default of appearance,
a plea of guilty or of no contest, on issuance of a warrant or summons,
or the action is tried as a contested matter. Of each fee received
by the Judge under this subsection, the Municipal Treasurer shall
pay monthly $5 to the Secretary of Administration for deposit in the
general fund and shall retain the balance for use of the municipality
pursuant to § 814.65(1), Wis. Stats.
[Added by Ord. No. 02-27; amended by Ord. No.
07-01; Ord. No.
13-37; 10-4-2016 by Ord. No. 16-18; 7-5-2022 by Ord. No. 22-63]
[Added by Ord. No. 97-47A]
A.
The
Municipal Court, in addition to ordering any payment authorized by
law, may order a defendant to make full or partial restitution to
any victim or, if the victim is deceased, to his or her estate, if
the Court finds all of the following:
(1)
The defendant is guilty of violating 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.
(2)
The violation resulted in damage to the property of or physical injury
to a person other than the defendant.
B.
Restitution ordered under this section is enforceable in a civil action by the victim named in the order to receive restitution. A court may not order a defendant to pay more than $10,000 in restitution under this section. This ten-thousand-dollar limit does not apply to restitution ordered for violation of § 410-24B or E of this Code.
[Amended 10-4-2016 by Ord. No. 16-18]
C.
If
the violation resulted in damage to or loss or destruction of property,
the restitution order may require that the defendant do one of the
following:
(1)
Return the property to the owner or owner's designee.
D.
If the violation resulted in physical injury, the restitution order may require that the defendant do one or more of the following, subject to the ten-thousand-dollar limit in Subsection B:
(1)
Pay an amount equal to the cost of necessary medical and related
professional services and devices relating to physical, psychiatric
or psychological care and treatment.
(2)
Reimburse the injured person for income lost as a result of the violation.
(3)
If the injured person's sole employment at the time of the injury
was performing the duties of a homemaker, pay an amount sufficient
to reimburse the person for any payments made to another to perform
those duties from the date of the injury and to ensure that the duties
are continued until the person is able to resume performance of the
duties.
E.
The restitution order may require that the defendant do one or more of the following, subject to the ten-thousand-dollar limit in Subsection B:
(1)
Pay all special damages, but not general damages, including, but
without limitation because of enumeration, the money equivalent of
loss resulting from property taken, destroyed, broken or otherwise
harmed and out-of-pocket losses, such as medical expenses, substantiated
by evidence in the record, that could be recovered in a civil action
against the defendant for his or her conduct in the commission of
the violation.
(2)
Pay an amount equal to the income lost and reasonable out-of-pocket
expenses incurred by the person against whom the violation was committed
as a result of the commencement of the action or of cooperating in
the investigation and prosecution of the violation.
(3)
If justice so requires, reimburse any insurer, surety or other person
who has compensated a victim for a loss otherwise compensable under
this section.
F.
If
the Court orders that restitution be paid to more than one person,
the Court may direct the sequence in which payments are to be made.
The Court shall order that all restitution to victims be made before
restitution to other persons. If more than one defendant is ordered
to make payments to the same person, the Court may apportion liability
between the defendants or specify joint and several liability. If
the Court specifies that two or more defendants are jointly and severally
liable, the Court shall distribute any overpayments so that each defendant,
as closely as possible, pays the same proportion of the ordered restitution.
G.
Restitution
ordered under this section does not limit or impair the right of a
victim to sue and recover damages from the defendant in a civil action.
The fact that restitution was required or made is not admissible as
evidence in that civil action and has no legal effect on the merits
of the civil action. Any restitution made by payment or community
service shall be set off against any judgment in favor of the victim
in a civil action arising out of the facts or events that were the
basis for the restitution. The Court trying that civil action shall
hold a separate hearing to determine the validity and amount of any
setoff asserted by the defendant.
H.
Determination
of amount of restitution; hearing.
(1)
The Court, in determining whether to order restitution and the amount
thereof, shall consider all of the following:
(a)
The amount of loss suffered by any victim as a result of the violation.
(b)
The financial resources of the defendant.
(c)
The present and future earning ability of the defendant.
(d)
The needs and earning ability of the defendant's dependents.
(e)
Any other factors which the Court deems appropriate.
(2)
If the Court finds that the conditions in Subsection A are met, the Court may hold the restitution hearing at the time of any appearance by the defendant before the Court or may summon the defendant to appear to determine if restitution shall be ordered. The Court shall give the victim an opportunity to present evidence and arguments pertaining to the factor specified in Subsection H(1)(a). The Court shall give the defendant the opportunity to present evidence and arguments on the factors specified in Subsection H(1). The victim has the burden of demonstrating by the preponderance of the evidence the amount of loss sustained as a result of the violation. The defendant has the burden of demonstrating by the preponderance of the evidence the factors specified in Subsection H(1)(b) to (e). When hearing evidence as to the factors specified in Subsection H(1), the Court may waive the rules of practice, procedure, pleading and evidence, except provisions relating to privileged communications and personal transactions or communication with a decedent or mentally ill person.
I.
If
the restitution ordered under this section is directed to a minor
child, and if the minor child fails to pay restitution as ordered
by the Municipal Court or as agreed to in a deferred prosecution agreement,
or if it appears likely that the child will not pay restitution as
ordered or agreed to, the victim or the victim's insurer shall be
eligible to pursue the rights available to him under § 895.035,
Wis. Stats.
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SPECIAL NOTATION: The Watertown Police Department and Watertown Municipal Court are directed to notify all victims of their rights under this section for those offenses outlined in § 1-5A at the time of the initial contact with the victim(s) and at the time of the conviction of any person for those offenses outlined in § 1-5A.
[Amended 10-4-2016 by Ord. No. 16-18] |
[Adopted 10-4-2016 by Ord. No. 16-18]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of Watertown of a general and permanent nature adopted by the Common Council of the City of Watertown, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 550, are hereby approved, adopted, ordained and enacted as the "Code of the City of Watertown," 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.
[Amended 7-5-2022 by Ord. No. 22-63]
A copy of the Code 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 Watertown" 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.
[Amended 7-5-2022 by Ord. No. 22-63]
The Clerk of the City of Watertown, 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.
[Amended 7-5-2022 by Ord. No. 22-63]
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 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.
[Amended 7-5-2022 by Ord. No. 22-63]
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 Watertown 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 § 1-4 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 inconsistent with the
provisions contained in the Code adopted by this ordinance are hereby
repealed; provided, however, that such repeal shall only be to the
extent of such inconsistency, and any valid legislation of the City
of Watertown which is not in conflict with the provisions of the Code
shall be deemed to remain in full force and effect. This ordinance
specifically repeals Original Section 2.01(3), Municipal Judge.
The adoption of this Code and the repeal of ordinances provided for in § 1-17 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 August 2, 2016.
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.
Any ordinance
or portion of an ordinance establishing or amending a fee or fees.
Q.
Any ordinance
or portion of an ordinance establishing or amending a deposit or bond
schedule.
R.
Any ordinance
or portion of an ordinance establishing sewer or water rates or charges.
A.
In compiling and preparing the ordinances for publication as the Code of the City of Watertown, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection D 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 Common 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.
Fee amounts have been removed from the following sections: §§ 147-12; 205-5, 205-7B; 216-2A, 216-4D(3), 220-3, 220-18, 224-4; 228-1A, 228-2, 228-10B and C, 228-14A and 228-15; 240-3, 253-6A and B, 253-15B, 253-20A, 253-22B, E, 253-23C(2), 253-49B(3), 266-1, 282-6C, 303-8C, 319-19B, 319-20C, 319-21B, 319-22B, 319-23B, 319-24B, 319-25B, 332-6B(3), 377-24A, 377-25B, C and D, 398-7C(1), 398-15A, 403-9D(3), 403-11, 410-13F(2), 410-45 introductory paragraph and Subsections B(1) and D(2)(e), 419-6B, 419-8NN(2), 419-10F(1); § 424-8C(2)(b)[3], D(1); 428-2A, 446-13D, 457-4C, 457-7B(9) and D, 468-4, 480-4E, 497-7D and J, 508-9J(8)(a) and (b), 508-17C(1) and (2), 512-18, 545-8C, 545-9B, 550-130D, 550-157A(1) and (2).
C.
The following
changes are made throughout the Code:
(1)
References
to specific chapters and sections of the Wisconsin Statutes and Wisconsin
Administrative Code are revised to reflect the numbering of the statutes
and Administrative Code as of the publication of this Code.
(2)
References
to the "Department of Health and Social Services" and "Department
of Health and Family Services" are amended to read "Department of
Health Services."
(3)
References
to the "Department of Industry, Labor and Human Relations" and "Department
of Commerce" are amended to read "Department of Safety and Professional
Services."
D.
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 § 1-19D, 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 II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: “Amended (added, deleted) 10-4-2016 by Ord. No. 16-18.” 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.
