City of Lodi, WI
Columbia County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Lodi as indicated in article histories. Amendments noted where applicable.]
[Adopted as §§ 1.01, 1.02(a), 1.04 and 1.08 of the City Code]

§ 1-1 Rules of construction.

In the construction of this Code and all future amendments thereto, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the ordinance:
A. 
Wisconsin Statutes. The term "Wisconsin Statutes" wherever used in this Code shall mean the Wisconsin Statutes as of the publication of this Code and existing or future amendments thereto, i.e., the most recently published bound volume of the statutes at any time together with all amendments thereto.
[Amended 10-10-2006 by Ord. No. A-361]
B. 
Gender; singular and plural. Every word in this Code and in any ordinance importing the masculine gender may extend and be applied to females as well as males, and every word importing the singular number only may extend and be applied to several persons or things as well as to one person or thing, except where the subject matter or context requires otherwise.
C. 
Person. The word "person" extends and applies to natural persons, firms, corporations, associations, partnerships, limited liability companies (LLCs), other legal entities, or other bodies politic and all entities of any kind capable of being sued, except where the subject matter or context requires otherwise.
D. 
Acts by 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 requisition shall be construed to include all such acts when done by an authorized agent.
E. 
City. The word "City" means the City of Lodi. All ordinances shall apply within the City of Lodi only, except in areas where, by law, the City is permitted to regulate beyond its limits.
F. 
Common Council. The terms "City Council," "Common Council," and "Council" shall all refer to the Common Council.
G. 
Legal notices. The terms "Class 1 legal notice," "Class 2 legal notice" and "Class 3 legal notice" shall refer to Class 1, Class 2 and Class 3 notices, respectively, as defined in Ch. 985, Wis. Stats.
[Added 10-10-2006 by Ord. No. A-361]

§ 1-2 Conflicting provisions.

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.

§ 1-3 Violations and penalties.

A. 
General penalty. Whenever so provided in this Code, or whenever no penalty is provided for violation of a particular ordinance, 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:
[Amended 10-10-2006 by Ord. No. A-361]
(1) 
First offense. Any person who shall violate any provision of this Code shall, upon conviction thereof, forfeit not less than $25 nor more than $500.
(2) 
Second offense. Any person found guilty of violating any provision of this Code who shall previously have been convicted of a violation of the same ordinance shall, upon conviction thereof, forfeit not less than $50 nor more than $1,000 for each such offense.
(3) 
Third or subsequent offense. Any person found guilty of violating any provision of this Code who shall previously have been convicted twice of a violation of the same ordinance shall, upon conviction thereof, forfeit not less than $100 nor more than $2,000 for each such offense.
[Added 9-2-2008 by Ord. No. A-397]
B. 
Separate offense each day. Each day that a violation of any provision of this Code exists shall constitute a separate offense.
[Added 10-10-2006 by Ord. No. A-361]
C. 
Imprisonment. Whenever there is a default in payment of any forfeiture or penalty or costs of prosecution imposed by any provisions of this Code, the violator shall be imprisoned in the county jail until said forfeiture or penalty and costs of prosecution are paid, but not to exceed 90 days.
D. 
Costs of prosecution. In addition to any penalty or forfeiture imposed by any provision of this Code, violators shall pay all costs, fees, surcharges and assessments which are chargeable or taxable to the violator under the Wisconsin Statutes.
[Amended 10-10-2006 by Ord. No. A-361]
E. 
Penalties limited by state law. If any penalty or forfeiture provided for in this Code exceeds the penalty provided for the same offense under state law, the applicable penalty herein is hereby reduced to the penalty provided by state law.
F. 
Execution against defendant's property. Whenever any person fails to pay any forfeiture and costs of prosecution upon the order of the 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.

§ 1-4 Style of ordinances.

[Amended 10-10-2006 by Ord. No. A-361]
As required by § 62.11(3)(f), Wis. Stats., all ordinances (after the title) shall begin with the words "The Common Council of the City of Lodi do ordain as follows."
[Adopted 10-10-2006 by Ord. No. A-361]

§ 1-5 Adoption of Code.

Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of Lodi of a general and permanent nature adopted by the Common Council of the City of Lodi, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 340, are hereby approved, adopted, ordained and enacted as the "Code of the City of Lodi," hereinafter referred to as the "Code."

§ 1-6 Code supersedes prior ordinances.

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.

§ 1-7 Continuation of existing provisions.

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.

§ 1-8 Copy of Code on file.

A copy of the Code, in loose-leaf form, 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.

§ 1-9 Amendments to Code.

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 Lodi" 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 printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto.

§ 1-10 Publication; filing.

The Clerk of the City of Lodi, pursuant to law, shall cause to be published, in the manner required by law, a copy of this Adoption 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 enactment and publication 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.

§ 1-11 Code book to be kept up-to-date.

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 book containing 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 printed as supplements to said Code book, at which time such supplements shall be inserted therein.

§ 1-12 Sale of 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.

§ 1-13 Altering or tampering with Code; penalties for violation.

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 Lodi 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 § 1-3 of the Code.

§ 1-14 Severability of Code provisions.

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.

§ 1-15 Severability of ordinance provisions.

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.

§ 1-16 Repealer.

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.

§ 1-17 Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-16 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 2, 2006, including but not limited to Ordinance A-360, an Ordinance to Revise and Consolidate, Amend, Supplement and Codify the Floodplain Zoning Ordinance for the City of Lodi, and Ordinance A-359, an Ordinance Amending Section 17.03 of the City of Lodi Code Pertaining to Standards for Subdivisions and Minor Subdivisions in the Extraterritorial Area.
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 City'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 a Zoning Map.
O. 
Any charter ordinance.
P. 
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the City.

§ 1-18 Changes in previously adopted ordinances.

The adoption of the Code provided for in § 1-5 includes the adoption of revisions to existing ordinances deemed necessary and authorized by the Common Council to bring the ordinances of the City into compliance with current procedures and statutory requirements, as set forth in the Code on file in the office of the City Clerk pursuant to § 1-8.

§ 1-19 When effective.

This ordinance shall take effect upon passage and publication as required by law.