[HISTORY: Adopted by the Village Board of the Village of Elm Grove as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code
Article II General Penalty and Citations
Pursuant to § 66.035, Wis. Stats., the ordinances of the Village of Elm Grove of a general and permanent nature adopted by the Village Board of the Village of Elm Grove, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 335, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Elm Grove," 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, in loose-leaf form, has been filed in the office of the Village Clerk and has remained there for use and examination by the public for at least two weeks, in accordance with § 66.035, Wis. Stats., and until final action is taken on this ordinance. Upon adoption, such copy of this ordinance shall be certified to by the Village Clerk, and such certified copy shall remain on file in the office of said Village 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 Village Board to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Village of Elm Grove" 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 reproduced and inserted in the loose-leaf book containing said Code as amendments and supplements thereto.
The Village Clerk, pursuant to law, shall cause to be published, in the manner required by law, a copy of this Adoption 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 enactment and publication 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 Village Clerk, or someone authorized and directed by the Village Clerk, to keep up-to-date the certified copy of the book containing 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 reproduced as supplements to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be purchased from the Village Clerk or an authorized agent of the Clerk upon the payment of a fee to be set by the Village 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 Village of Elm Grove to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a fine of not more than $500, in the discretion of the Judge imposing the same.
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.
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 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 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 § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to October 1, 2000.
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.
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.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
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.
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 village's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
The levy or imposition of taxes, assessments or charges.
The annexation or dedication of property or approval of preliminary or final subdivision plats.
Ordinances providing for local improvements or assessing taxes or special assessments therefor.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
The Zoning Ordinance and Land Division Ordinance and all amendments thereto.
Any Charter Ordinance adopted at any time and remaining unrepealed as of the adoption of this Code.
In compiling and preparing the ordinances for publication as the Code of the Village of Elm Grove, no changes in the meaning or intent of such ordinances have been made, except where indicated by histories or footnotes in the text of the chapters and as provided for in Subsection B. In addition, 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 Village 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.
The following changes are made throughout the Code:
References to specific chapters and sections of the Wisconsin Statutes are revised to reflect the numbering of the statutes as of the publication of this Code.
References to the "Department of Health and Social Services" are amended to read "Department of Health and Family Services."
References to the "Zoning Board of Appeals" are amended to read "Board of Appeals."
References to the "Planning Commission" are amended to read "Plan Commission."
References to the "Department of Industry, Labor and Human Relations" are amended to read "Department of Commerce."
References to the "License Committee" are amended to read "Finance and Licensing Committee."
References to the "Department of Public Works Supervisor" and "Superintendent of Public Works" are amended to read "Public Works Director."
This ordinance shall take effect upon passage and publication as in accordance with Wis. Stats. § 66.035.
[Adopted 1-10-1977; as amended through 10-9-1995]
[Added 12-11-2000; amended 7-26-2005]
Except as otherwise expressly provided 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:
First offense. Any person who shall violate any provision of this Code subject to a penalty shall, upon conviction thereof, forfeit not less than $50 nor more than $1,000 together with the costs of prosecution and, in default of payment of such forfeiture and costs of prosecution, shall be subject to the alternate penalties provided for in § 800.095, Wis. Stats.
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 $150 nor more than $2,000 for each such offense together with the costs of prosecution and, in default of payment of such forfeiture and costs, shall be subject to the alternate penalties provided for in § 800.095, Wis. Stats.
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 action to abate, prevent, or remove a violation of any provision of this Code.
Whenever any person fails to pay any forfeiture and costs of prosecution as ordered by a court, such person shall be subject to the alternate penalties provided for in § 800.095, Wis. Stats. from time-to-time.
Authority. Pursuant to the authority of § 66.119(1), Wis. Stats., the Village Board hereby authorizes the use of a citation to be issued for violations of ordinances, including ordinances for which a statutory counterpart exists.
Citation. The citation shall contain the following:
The name and address of the alleged violator.
Factual allegations describing the alleged violation.
The time and place of the offense.
The section of the ordinance violated.
A designation of the offense in such manner as can readily be understood by a person making a reasonable effort to do so.
The time at which the alleged violator may appear in court.
A statement which in essence informs the alleged violator that:
A cash deposit based on the schedule established by this section may be made which shall be delivered or mailed to the Clerk of the Municipal Court prior to the time of the scheduled court appearance.
If a cash deposit is made, no appearance in court is necessary unless subsequently summoned.
If a cash deposit is made and the alleged violator does not appear in court, the nonappearance will be deemed a plea of no contest for which a forfeiture not to exceed the amount of the deposit is submitted or, if the court does not accept the plea of no contest, a summons will be issued ordering the alleged violator to appear in court to answer the complaint.
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 up to the maximum permitted by law.
If the court finds that the violation involves 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, and that the violation resulted in damage to the property of or physical injury to a person other than the alleged violator, the court may summon the alleged violator into court to determine if restitution shall be ordered under § 800.093, Wis. Stats.
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 B(7) above has been read. Such statement shall be sent or brought with the cash deposit.
Such other information as the village deems necessary.
Schedule of deposits.
The schedule of citation deposits as modified by resolution of the Village Board of Trustees from time-to-time, is established for use with citations issued under this section. Said schedule is on file in the Village Clerk's office.
[Amended 7-26-2005; 2-26-2008]
Deposits shall be made in cash, money order or certified check to the Clerk of the Municipal Court, who shall provide a receipt therefor.
Issuance of citations.
Any law enforcement officer may issue citations for enforcement of any ordinances authorized under this section.
The Village Attorney is hereby authorized to issue citations for enforcement of all ordinances for which use of a citation is authorized under this section.
Procedure. The provisions of § 66.119(3), Wis. Stats., relating to the violator's options and procedure on default are hereby adopted and incorporated herein by reference.
Nonexclusivity. Adoption of this section in no way precluded the adoption of any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or any other matter.