[HISTORY: Adopted by the Village Board of the Village of Greendale
as Ch. 25 of the Code of Ordinances. Amendments noted where applicable.]
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:
(1)
Wisconsin Statutes. All references to "Wisconsin Statutes"
or "Wis. Stats." mean the current edition of the Wisconsin Statutes and include
the most recent biennial session.
(2)
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.
(3)
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.
(4)
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: Original § 25.02(2), Separability of Code
provisions, which immediately followed this section, was deleted at time of
adoption of Code (see Code Adoption Ordinance).
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-Treasurer shall file,
deposit and keep in his 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-Treasurer's office hours, subject to such orders
or regulations which the Clerk-Treasurer may prescribe for their preservation.
(1)
General penalty. Requirements of §§ 800.09
and 800.095, Wis. Stats., as amended, are incorporated in this Code. Except
as otherwise provided, any person who shall violate any of the provisions
of this Code shall, upon conviction thereof, forfeit not less than $5 nor
more than $1,000, together with the costs of prosecution and any other costs
required to be paid by law, and in default of payment of such forfeiture and
costs shall be imprisoned in the county jail until such forfeiture and costs
are paid, but not exceeding 90 days.
[Amended by Ord. No. 635]
(2)
Continued violations. 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 appropriate action to prevent
or remove a violation of any provision of this Code.
(3)
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 Village, 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.
(4)
Citation method of enforcement.
[Added by Ord. No. 628]
(a)
Statutory authorization. Pursuant to § 66.0113,
Wis. Stats., the Village elects to use the citation method of enforcement
of ordinances, including those for which a statutory counterpart exists, and
§ 66.0113 is hereby incorporated and made a part of this section.
(b)
Contents of citation. The citation shall contain the
following:
1.
Name and address of the alleged violator.
2.
Factual allegations describing the alleged violation.
3.
Time and place of the offense.
4.
Number and section of the ordinance violated.
5.
A designation of the offense in such a manner as can
readily be understood by a person making a reasonable effort to do so.
6.
Time and date at which the violator may appear in court.
7.
A statement which informs the violator that:
a.
A cash deposit based on the established schedule may
be delivered or mailed to the Clerk of Municipal Court prior to the time of
the scheduled court appearance.
[Amended by Ord. No. 635]
b.
If a deposit is made no appearance in court is necessary
unless he is subsequently summoned.
c.
If the alleged violator makes a cash deposit and does
not appear in court, he or she either will be deemed to have tendered a plea
of no contest and submitted to a forfeiture, plus costs, fees, and surcharges
imposed under Ch. 814, Wis. Stats., not to exceed the amount of the deposit
or will be summoned into court to answer the complaint if the court does not
accept the plea of no contest.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Code Adoption
Ordinance).
d.
If the alleged violator does not make a cash deposit and does
not appear in court at the time specified, the court may issue a summons or
a warrant for the defendant's arrest or consider the nonappearance to be a
plea of no contest and enter judgment under § 66.0113(3)(d), Wis.
Stats., or the municipality may commence an action against the alleged violator
to collect the forfeiture, plus costs, fees, and surcharges imposed under
Ch. 814, Wis. Stats.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Code Adoption
Ordinance).
e.
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.[3]
[3]
Editor's Note: Added at time of adoption of Code (see Code Adoption
Ordinance).
8.
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 required statement has been read. Such statement shall
be sent or brought with the cash deposit.
(c)
Deposits shall be made in cash, money order or certified
check to the Clerk of Court, who shall provide a receipt therefor.
(d)
Issuance of citations. The Director of Inspection Services,
Public Health Administrator or Sanitarian may issue citations authorized under
this section.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Code Adoption
Ordinance). Original §§ 25.05 through 25.08, which immediately
followed this section, were deleted at time of adoption of Code (see Code
Adoption Ordinance).
