[HISTORY: Adopted by the Village Board of the Village of Shorewood 4-7-1986
by Ord. No. 1477 as Ch. 1, Art. 2 of the 1986 Code. Amendments
noted where applicable.]
[Amended 2-4-1991 by Ord. No. 1596[1]]
The Village Board shall have the power, by ordinance, to prescribe penalties
for the violation of any ordinance or bylaw.
A.
Except where another penalty is prescribed, any person who shall
violate any of the provisions of this Code shall be subject to a penalty as
follows:
(1)
Any person who violates any ordinance or part of an ordinance
of this Code shall, upon conviction thereof, forfeit not less than $10 nor
more than $2,000, 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 or house of corrections of Milwaukee County until such forfeiture
and costs are paid, but not exceeding 90 days.
(2)
Any person who violates 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 $3,000 for each such offense, together with costs
of prosecution, and in default of payment of such forfeiture and costs shall
be imprisoned in the county jail or house of corrections of Milwaukee County
until such forfeiture and costs of prosecution are paid, but not exceeding
90 days.
B.
Each violation and each day a violation continues or occurs shall
constitute a separate offense. Nothing in this Code shall preclude the Village
from maintaining any appropriate action to prevent or remove a violation of
any provision of this Code.
C.
Bail.
(1)
Posting bail. When a person is arrested and the offense charged
is for the violation of any ordinance, rule, regulation, resolution or bylaw
of the Village of Shorewood, the Chief of Police or his designee may take
from the person arrested a recognizance upon depositing with such officer
the amount thereof in money for his appearance at the court having cognizance
of the offense, subject to the applicable provisions of state law. At the
discretion of the Chief of Police or his designee, bail may be posted by a
cash payment, bail bond, or check.
(2)
Forfeiting bail. When a person is arrested and a recognizance
or bail bond or the amount thereof in money is furnished for his appearance
and the magistrate or court before whom or which the accused is required to
appear shall declare such recognizance or bail bond or money deposited in
lieu of bail forfeited, so much of the same as is in excess of the amount
necessary to satisfy the judgment by the payment of money shall be paid into
the Village Treasury.
All ordinances and resolutions shall take effect and be in force from
and after the date of their passage unless otherwise provided in such ordinances
or resolutions.
A.
An emergency measure is an ordinance or resolution to provide for the immediate preservation of the public peace, property, health, or safety, in which the emergency claimed is set forth and defined in a preamble thereto, subject to the provisions of Subsection B hereof. The affirmative vote of at least five members of the Village Board shall be required to pass an ordinance or resolution as an emergency measure, except as provided in Subsection B hereof.
B.
Whenever the Village President or, in the event of his
absence or inability to act, the Trustee acting in his stead pursuant to § 155-4E
of the Shorewood Village Code (in consultation with the Village Manager or,
in his absence, with the Chief of Police or, in his absence, the officer in
command) determines that an emergency exists which threatens danger and injury
to the citizens of the Village and their property and which threatens the
peace, good order and government of the Village, he shall have power to impose
by proclamation, without Board approval, any and all regulations necessary
to preserve the peace and order of the Village, including the power to:[1]
(1)
Impose hours of curfew upon all or any portion of the
Village thereby requiring all persons to forthwith remove themselves from
the public streets, alleys, parks and other public places to their respective
residences; provided, however, that physicians, nurses, ambulance operators
performing medical services, utility personnel maintaining essential public
services, police, fire and other public employees whose services may be required
during such emergency may be exempted from such curfew.
(2)
Order the closing of any business establishment anywhere
within the Village for the period of the emergency, such businesses to include
but not to be limited to those selling intoxicating liquors, fermented malt
beverages, gasoline or firearms.
(3)
Designate any public street, thoroughfare or vehicle
parking areas closed to motor vehicles and pedestrian traffic.
(4)
Call upon regular and auxiliary law enforcement personnel
within and without the Village to assist in preserving and keeping the peace
within the Village.
(5)
Do whatever else is necessary, in his judgment, to protect
persons and property and preserve the peace, good order and government of
the Village.
C.
In the event that, because of such emergency conditions,
the Village President or the Trustee acting in his stead is absent and unable
to act, the Village Manager shall exercise, by proclamation, all of the powers
herein conferred upon the Village President or Trustee acting in his stead
which, within the discretion of the Village Manager, are necessary and expedient
for the purposes hereinbefore set forth, but such proclamation of the Village
Manager shall be subject to ratification, alteration, modification or repeal
by the Village Board as soon as the Village Board shall be able to meet; provided,
however, that such ratification, alteration, modification or repeal by the
Village Board shall not affect the prior validity or force or effect of such
proclamation by the Village Manager.
D.
The proclamation of emergency provided herein shall become
effective upon its issuance and dissemination to the public when posted in
at least three public places in the Village or, in lieu thereof, when publicized
by any of the local or metropolitan news media.
E.
Any emergency proclaimed in accordance with the provisions of this section shall terminate upon the issuance of a proclamation by the Village President or the Trustee acting in his stead, or the Village Manager, to the effect that an emergency no longer exists and when publicized as set forth in Subsection D hereof.
F.
Any person who shall violate the terms of this section by refusing or failing to comply with the rules and regulations established under a proclaimed emergency, or who shall fail or refuse to comply with the orders of duly authorized law enforcement officers charged with the responsibility of enforcing the provisions of an emergency proclaimed hereunder, shall be guilty of disorderly conduct and shall be subject to the penalties provided for under § 409-31 of the Shorewood Village Code.
The form of all ordinances may be substantially as follows:
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Ordinance No. _____
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An ordinance relating to _____
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At a regular meeting of the Village Board of the Village of Shorewood,
Milwaukee County, Wisconsin, held on the _____ day of _____________, 20___,
a quorum being present and a majority of the Board voting therefor, said Board
does ordain as follows:
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Section 1
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That _______________________, etc.
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PASSED AND ADOPTED by the Village Board of the Village of Shorewood,
Milwaukee County, Wisconsin, this _____ day of _____________, 20___.
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Village President
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Countersigned:
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Village Clerk
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Upon its final passage, each ordinance, order or resolution shall be
authenticated by the signature of the President and of the Clerk and shall
be recorded in a book kept for that purpose, and, within 10 days after final
passage, each ordinance or resolution shall be posted or published if required
by law.[1]
