[HISTORY: Adopted by the Village Board of
the Village of Superior as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-13-2001 by Ord. No. 100-A]
Notwithstanding any other provisions of any
other Village of Superior ordinance, it is ordained that any and all
Village of Superior ordinances shall be enforced by the Village Board
or such person or persons the Board shall designate, which shall include
without limitation any law enforcement officer of the Sheriff's office
of Douglas County and/or officers of the City of Superior Police Department,
and officials of the Douglas County Health Department, and in the
case of any zoning or building code ordinances, the Village Building
Inspector.
A violation of the ordinances of the Village
of Superior shall be a civil offense, punishable by civil forfeiture
as provided by law, and specifically shall be enforceable as provided
in § 66.0113, Wis. Stats., which is hereby adopted by reference.
Such forfeiture may also be collected as provided by law, including
without limitation § 66.0114 and/or § 778.10,
Wis. Stats.
Anyone violating a Village ordinance may be
served with a citation, which shall include the following:
A.
The name and address of the alleged violator.
B.
The factual allegations describing the alleged violation.
C.
The time and place of the offense.
D.
The section of the ordinance violated.
[Amended 10-8-2009]
E.
A designation of the offense in such a manner as can
be readily understood by a person making a reasonable effort to do
so.
F.
The time at which the alleged violator may appear
in court.
G.
A statement which in essence informs the alleged violator:
(1)
That the alleged violator may make a cash deposit
of a specified amount to be mailed to a specified official within
a specified time.
(2)
That, if the alleged violator makes such a deposit,
he or she need not appear in court unless subsequently summoned.
(3)
That, if the alleged violator makes a cash deposit
and does not appear in court, he or she either will be deemed to have
entered 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.
[Amended 10-8-2009]
(4)
That, 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, 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.
[Amended 10-8-2009]
(5)
That, if the court finds the violation involves ordinances
that prohibit conduct that is the same as or similar to conduct prohibited
by state statute punishable by a fine or imprisonment or both and
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.
H.
A direction that, if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he or she has read the statement required under Subsection G above and shall send the signed statement with the cash deposit.
I.
Such other information as may be deemed necessary.
[Amended 10-8-2009]
Violations of the ordinances of the Village
of Superior, where no other penalty is prescribed, shall be punishable
by a forfeiture of not less than $100 per offense nor more than $200
per offense. Incorporated herein by reference is the current schedule
of cash deposits that are required for the various ordinance violations
of the Village of Superior, which schedule is on file with the Clerk-Treasurer,
plus costs, fees and surcharges imposed under Ch. 814, Wis. Stats.
Any amendment to any penalty assessments required by statute is hereby
adopted.
All cash deposits are to be made with the Clerk
of Courts for the Douglas County Circuit Court.
It is the purpose of the Village of Superior
in adopting this article, in the exercise of the police powers, to
provide for the health, safety and welfare of all persons in the Village
of Superior.
[Adopted 10-8-2009]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Superior of a general and permanent nature adopted by the Village Board of the Village of Superior, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 400, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Superior," 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 Village
Clerk-Treasurer 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 Village Clerk-Treasurer, and such certified copy shall remain
on file in the office of said Village Clerk-Treasurer 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 Village Board to make them a part thereof, shall be deemed
to be incorporated into such Code so that reference to the "Code of
the Village of Superior" 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-Treasurer of the Village of Superior, 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-Treasurer 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 Village Clerk-Treasurer, or someone
authorized and directed by the Clerk-Treasurer, to keep up-to-date
the certified copy of the Code required to be filed in the Clerk-Treasurer'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-Treasurer or an authorized agent of the Clerk-Treasurer
upon the payment of a fee to be set by the Village Board. The Clerk-Treasurer
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 Village of Superior 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 § 1-18 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 May 14, 2009.
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 Village'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.
Any ordinances adopting or amending the Zoning Map or otherwise rezoning
property.
O.
Any charter ordinances.
P.
Ordinance No. 22, pertaining to outdoor advertising, and any amendments
thereto.
Q.
Any ordinance or portion of an ordinance establishing a specific
fee amount for any license, permit or service obtained from the Village.
In compiling and preparing the ordinances for adoption and revision as part of the Code, certain grammatical changes and other minor changes were made in one or more of said ordinances. It is the intention of the Village Board that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such. The adoption of the Code provided in § 1-7 includes the adoption of the following, as set forth in the Code on file in the office of the Clerk-Treasurer pursuant to § 1-10, to become effective upon the effective date of this ordinance:
A.
The amendments and additions as set forth in Schedule A attached
hereto and made a part hereof (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 § 1-20A, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Ch. 1, General Provisions, Art. II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 10-8-2009." Schedule A, which contains a complete description of all changes, is on file in the Village offices.
This ordinance shall take effect upon passage and publication
as required by law.
