[Adopted 12-15-1998 by Ord. No. 98-1526]
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Be it enacted and ordained by the Common Council
of the City of Franklin, County of Milwaukee, State of Wisconsin,
and it is enacted and ordained as follows:
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[1]
Editor's Note: Ord. No. 2006-1883, adopted
7-11-2006, provided for the readoption of the Code of the City of
Franklin, inclusive of Ord. No. 2006-1877, adopted 5-2-2006. Ord.
No. 2007-1914, adopted 8-7-2007, provided for the readoption of the
Code through ordinances adopted 5-22-2007.
The various chapters and sections of the 1997 Code of Ordinances of the City of Franklin, and subsequent ordinances of the City of Franklin of a general and permanent nature adopted by the Common Council of the City of Franklin, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 249, are hereby approved, adopted, ordained and enacted as the "Code of the City of Franklin," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede
the 1997 Code of Ordinances of the City of Franklin and 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 legislation in force immediately
prior to the enactment of the Code by this ordinance, are intended
as a continuation of such legislation and not as new enactments, and
the effectiveness of such provisions shall date from the date of adoption
of the prior legislation.
This ordinance shall take effect immediately
upon passage and publication according to law.
[Amended 3-5-2002 by Ord. No. 2002-1708]
A copy of the Code, in loose-leaf form, has
been filed in the office of the City Clerk and shall remain there
for use and examination by the public 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 Franklin" 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 printed and, as provided hereunder,
inserted in the loose-leaf book containing said Code as amendments
and supplements thereto.
[Amended 3-5-2002 by Ord. No. 2002-1708]
The City Clerk of the City of Franklin, 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 City 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.
[Amended 3-5-2002 by Ord. No. 2002-1708]
It shall be the duty of the City Clerk, or someone
authorized and directed by the City Clerk, to keep up-to-date the
certified copy of the book containing the Code required to be filed
in the City 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 printed as supplements to
said Code book, at which time such supplements shall be inserted therein.
[Amended 3-5-2002 by Ord. No. 2002-1708]
Copies of the Code may be purchased from the
City Clerk upon the payment of a fee to be set by the Common Council,
and the Common Council may also arrange for procedures for the periodic
supplementation thereof.
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 Franklin 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 § 1-13 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 January 6, 1998.
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.
Charter ordinances.
O.
Water and sewer rates, rules and regulations.
P.
Ord. No. 73-381, pertaining to fringe benefits.
Q.
Any legislation relating to land use and development,
including any subdivision and zoning ordinances.
A.
In compiling and preparing the ordinances for publication as the Code of the City of Franklin, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. 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 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 following changes are made throughout the Code:
(1)
References to the State Department of Industry, Labor
and Human Relations are amended to the State Department of Industry,
Labor and Job Development.
(2)
References to the State Department of Health and Social
Services are amended to State Department of Health and Family Services.
(3)
References to the Board of Zoning Appeals, Zoning
and Building Board of Appeals, Zoning Board of Appeals and Board of
Building and Zoning Appeals are amended to the Board of Zoning and
Building Appeals.
C.
In addition, 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 § 1-15C, the sections which were amended or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Art. I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (deleted) 12-15-1998 by Ord. No. 98-1526." Schedule A, which contains a complete description of all changes, is on file in the City offices.
D.
Wisconsin Statutes incorporated and referenced. Wherever
any Wisconsin Statute or Wisconsin Administrative Code chapter, subchapter,
section, subsection or any part of the foregoing is specifically incorporated
into or referenced within this Code by Statute or Administrative Code
number or title, such incorporation or reference shall mean such statute
or part thereof as amended or renumbered, from time to time.
[Added 3-5-2002 by Ord. No. 2002-1708[2]]
