[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]
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]
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.
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; 9-2-2008 by Ord. No.
A-397; 5-19-2020 by Ord. No. A-546]
(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 $1,000.
(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 $2,000 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 $5,000
for each such offense.
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.
Restitution.
Any person violating any provision of this Code shall become liable
to the City for any expense, loss or damage occasioned by reason of
such violation of which the City may suffer.
[Added 5-19-2020 by Ord. No. A-546[1]]
D.
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.
E.
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]
F.
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.
G.
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.
[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]
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."
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, 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.
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.
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.
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.
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 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.
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.
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 § 1-16 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.
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.
This ordinance shall take effect upon passage
and publication as required by law.
