[HISTORY: Adopted by the Common Council of the City of Muskego
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-23-1964 by Ord. No. 1 as §§ 25.01,
25.02(1), 25.03 and 25.04 of the 1964 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. The term "Wisconsin Statutes" or "Wis. Stats.," wherever
used in this Code, shall mean the Wisconsin Statutes as of the adoption
of this Code, as amended or renumbered from time to time. The term
"Wisconsin Administrative Code" or "Wis. Adm. Code," wherever used
in this Code, shall mean the Wisconsin Administrative Code as of the
adoption of this Code, as amended or renumbered from time to time.
[Amended 3-27-1979 by Ord. No. 369[1]]
B.
Gender;
singular and plural. Every word in this Code and in any ordinance
importing the masculine gender may extend and be applied to females
as well as males, and every word importing the singular number only
may extend and be applied to several persons or things as well as
to one person or thing, provided that 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.
E.
Clerk
and Treasurer. The office of the City Treasurer was combined with
the office of the City Clerk to form the office of City Clerk-Treasurer
by Charter Ordinance No. 14, adopted October 3, 1995. In this Code,
reference may be made to the Clerk-Treasurer or to the individual
offices of Clerk and Treasurer in order to reflect the respective
responsibilities of each office. The Director of Finance and Administration
serves as City Clerk and Treasurer. For purposes of this Code, references
to the City Clerk, Treasurer and Clerk-Treasurer shall be construed
to mean the Director of Finance and Administration.[2]
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. Unless otherwise noted or specifically delineated 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 subject to a penalty shall, upon conviction thereof, forfeit
not less than $25 nor more than $5,000, 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 said forfeiture
and costs are paid, for a time frame under the discretion and authority
of the Municipal Judge, but not to exceed 90 days.
(2)
Second offense. 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 $5,000
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 said forfeiture and costs of prosecution
are paid, for a time frame under the discretion and authority of the
Municipal Judge, but not to exceed 90 days.
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 actions 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 the 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.
[Adopted 6-26-2018 by Ord. No. 1418]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of Muskego of a general and permanent nature adopted by the Common Council of the City of Muskego, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 400, are hereby approved, adopted, ordained and enacted as the "Code of the City of Muskego," 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
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 Muskego" 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 City of Muskego, 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 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.
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 Muskego 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 Muskego which is not in conflict with the provisions of the Code
shall be deemed to remain in full force and effect. In addition, the
following chapters and sections from the former City Code are specifically
repealed: § 1.11, Public Works Superintendent; § 12.05,
Amusement parks; Chapter 23, Flammable Liquids; and Chapter 31, Muskego
Cable Television Franchise.
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 12, 2017.
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 Muskego, 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 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.
The adoption of the Code includes the adoption of the following new ordinances: Chapter 162, Construction Site Erosion and Sediment Control; Chapter 191, Article II, Outdoor and Refuse Burning; Chapter 259, Article I, Use of Parks and Recreation Facilities; Chapter 278, Public Waters and Beaches; Chapter 305, Special Events; Chapter 309, Stormwater Management; Chapter 324, Taxicabs; and Chapter 362, Wireless Communications Facilities.
C.
The amendments
and/or additions as set forth in Schedule A[1] 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]
Editor's Note: In accordance with § 1-18C, the chapters, articles and sections which were added, amended, adopted or repealed 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, repealed) 6-26-2018 by Ord. No. 1418." 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.
