[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.
