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City of Franklin, WI
Milwaukee County
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Table of Contents
Table of Contents
[Adopted 8-5-1997 by Ord. No. 97-1461 as Secs. 31.01 through 31.04 of the 1997 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. All references to "Wisconsin Statutes" or "Wis. Stats." shall mean the most current edition of the Wisconsin Statutes and shall include the most recent biennial session.
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 that these rules of construction shall not be applied to any provision which contains any express language excluding such construction or when the subject matter or context of such provision may be repugnant thereto.
C. 
Person. The word "person" extends and applies to natural persons, firms, corporations, associations, partnerships or other bodies politic and to all entities 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.[1]
[1]
Editor's Note: Former Sec. 1.02(2), Separability of Code Provisions, which immediately followed this section, was deleted 12-15-1998 by Ord. No. 98-1526.
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 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; penalty. Any person who shall violate any provision of this Code shall, upon conviction thereof, forfeit not less than $1 nor more than $2,500, 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 such forfeiture and costs are paid, but not exceeding 90 days.
(2) 
Second offense; penalty. Any person found guilty of violating any chapter or part of a chapter of this Code who shall previously have been convicted of a violation of the same chapter within one year shall, upon conviction thereof, forfeit not less than $10 nor more than $2,500 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 until such forfeiture and costs of prosecution are paid, but not exceeding 6 months.
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 action 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 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 said forfeiture and costs.
D. 
Juvenile justice code dispositional orders and sanctions adopted. The Municipal Court is authorized to enter an order making one or more of the available dispositions set forth under § 938.343, Wis. Stats. for the disposition of a juvenile adjudged to have violated a civil law or an ordinance and § 938.344, Wis. Stats. for a juvenile adjudged to have committed certain intoxicating liquor, beer and drug violations, which statutes are incorporated herein in their entirety. The Municipal Court is authorized to order any of the sanctions enumerated under § 938.355(6)(d), Wis. Stats. as a consequence for any incident in which the juvenile has violated one or more conditions of his or her dispositional order, which statutory subsection is incorporated herein in its entirety.[1]
[1]
Editor's Note: Former Sec. 31.05 Repeal of general ordinances; Sec 31.06, Effect of repeals; Sec. 31.07, Title: Effective Date: Citation; and Sec. 31.08, Keeping Code Current; Revised Amendments, which immediately followed this section, were deleted 12-15-1998 by Ord. No. 98-1526.