[HISTORY: Adopted by the Common Council of the City of St. Francis as indicated in article histories. Amendments noted where applicable.]
[Adopted as §§ 25.01, 25.02(1), 25.03 and 25.04 of the 1981 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:
Wisconsin Statutes. All references to "Wisconsin Statutes" or "Wis. Stats." shall mean the current Wisconsin Statutes and shall include any amendments as made from time to time of the Wisconsin Statutes.
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.
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.
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.
Board of Health. All references to "Board of Health" within this Code shall mean a board duly established and appointed by the Common Council or a local health department that the Common Council has contracted with pursuant to Wis. Stat. §§ 251.02(2)(a)(2) and 251.09 to provide public health services within the City of St. Francis. Such Board of Health or contracted local health department under Wis. Stat. §§ 251.02(2)(a)(2) and 251.09 shall assume the general administration of health and sanitation laws and regulations in the City, supervise the work of, or in the case of a contracted local health department serve as, the Health Officer/Public Health Administrator, and attend to the administration and enforcement of the health laws of the state and the rules and regulations prescribed by the State Department of Health and the ordinances of the City. Such Board or contracted local health department may take such measures and make such rules and regulations as are necessary and effectual for the preservation and promotion of the public health in the City. All orders and regulations of the Board shall be published in the official newspaper and, after publication, shall have the force and effect of ordinances, including penalty for violation.
[Added 1-15-2019 by Ord. No. 1440]
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.
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 office a copy of the standard, code, 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.
General penalty. Except as otherwise provided, any person who violates any of the provisions of this Code shall, upon conviction of such violation, be subject to a penalty, which shall be as follows:
[Amended 3-20-2012 by Ord. No. 1313]
First offense. Any person who violates any provision of this Code shall, upon conviction thereof, forfeit not less than $20 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 imprisoned in the county jail or house of correction until such forfeiture and costs are paid, but not exceeding 90 days.
Second offense. Any person found guilty of violating any ordinance or part of an ordinance of this Code who has previously been convicted of a violation of the same ordinance within one year shall, upon conviction thereof, forfeit not less than $100 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 imprisoned in the county jail or house of correction until such forfeiture and costs are paid, but not exceeding six months.
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.
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 such forfeiture and costs.
Cause work to be done.
[Added 4-21-2009 by Ord. No. 1271]
Upon failure to comply with an order, where there is proof of service of said order, which requires that any building, premises, structure or property be cleaned or repaired, or that a condition be abated or improved in accordance with this article, the official or employee authorized by statute may cause such cleaning, repair, improvement, abatement or removal of the offending substance or structure. If the cost of such cleaning, repair, improvement, abatement or removal is anticipated to equal or exceed $1,000, the Common Council must authorize by motion the expenditure of such costs. Such cleaning, repair, improvement or removal shall be deemed a special benefit to such premises and the cost for the same shall be charged against the owner or owners of the property. If the cost of the same is not paid within 60 days, it shall be levied as a special charge against the premises as authorized by § 66.0627, Wis. Stats. and this Code.
Where additional inspections are made necessary by reason of neglect in work found faulty, defective or incomplete at the time of inspection, or at the expiration of time permitted in an order of noncompliance, a reinspection fee may be charged. If the cost of the same is not paid within 60 days, it shall be levied as a special charge against the premises as authorized by § 66.0627, Wis. Stats.
Violations of City ordinances shall be enforced by the issuance of a municipal citation.
Information required. The municipal citation shall contain the following information:
Name and address of the alleged violator.
Factual allegations describing the alleged violation.
Time and place of the offense.
Section of the Code violated.
Designation of the offense in such manner as can readily be understood by a person making a reasonable effort to do so.
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 the Common Council as a part of this section may be made which shall be delivered or mailed to the Clerk of Municipal Court prior to the time of the scheduled court appearance.
If a deposit is made, no appearance in court is necessary unless he is subsequently summoned.
If a cash deposit is made and the alleged violator does not appear in court, he will be deemed to have entered a plea of no contest or, if the court does not accept the plea of no contest, a summons will be issued commanding him 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.
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 A(7) above has been read. Such statement shall be sent or brought with the cash deposit.
Such other information as the City deems necessary.
Form of citation. The City adopts for use a uniform municipal citation, consisting of a three-part citation, a sample of which is on file in the office of the Chief of Police and the City Clerk and adopted by reference as though fully set forth herein.
Schedule of deposits. The schedule of cash deposits for use with citations issued under this section shall be as adopted by the Common Council from time to time, and such schedule shall be on file in the office of the Chief of Police and in the office of the City Clerk.
Form of deposits. Deposits shall be in cash, money order or certified check to the Chief of Police, who shall provide a receipt therefor.
Issuance of citation. Any law enforcement officer may issue citations authorized under this section, and other City officials may issue citations with respect to those specified sections which are directly related to their official responsibilities. Such City officials are authorized to delegate such enforcement authority to their subordinates.
Procedure. Section 66.0113(3), Wis. Stats., relative to a violator's options and procedure on default, is hereby adopted and incorporated herein by reference.
Other ordinance. This section does not preclude the Common Council from adopting any other ordinance or providing for the enforcement of any law or ordinance relating to the same or other matters.
Other remedies. The issuance of a citation hereunder shall not preclude the City or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.
[Adopted 7-1-2008 by Ord. No. 1259]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of St. Francis of a general and permanent nature adopted by the Common Council of the City of St. Francis, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 455, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of St. Francis," 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 has been filed in the office of the City Clerk and shall remain there for use and examination by the public for at least two weeks, in accordance with § 66.0103, Wis. Stats., and 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 St. Francis" 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 inserted in the Code as amendments and supplements thereto.
The Clerk of the City of St. Francis, pursuant to law, shall cause to be published, in the manner required by law, a notice of the adoption of this 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 publication of notice of the enactment 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 City Clerk, or someone authorized and directed by the Clerk, to keep up-to-date the certified copy of 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 included as supplements to said Code book.
Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk or an authorized agent of the Clerk upon the payment of a fee to be set by the Common Council. 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 City of St. Francis to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a penalty as provided in § 1-4 of the Code.
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. If any provision of this Code or the application thereof to any person or circumstances is held invalid, the remainder of this Code and the application of such provision to other persons or circumstances shall not be affected thereby.
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 § 1-17 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to April 2, 2008.
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 City'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.
Any ordinances adopting or amending the Zoning Map or otherwise rezoning property.
Any charter ordinances.
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the City.
The adoption of the Code provided in § 1-6 includes the adoption of the following, as set forth in the Code on file in the office of the Clerk pursuant to § 1-9:
This ordinance shall take effect upon passage and publication as required by law.