[HISTORY: Adopted by the Common Council of
the City of Oconto Falls as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-14-1996 by Ord. No. 96-004 (Ch.
1)]
These collected ordinances shall be known and
referred to as the "Code of the City of Oconto Falls, Wisconsin."
Any reference to "Code," "municipal ordinances" or "City ordinances"
refers to this collection of ordinances.
References to the Code of the City of Oconto Falls, Wisconsin, shall be cited as follows: "§ 1-1 of the Code of the City of Oconto Falls, Wisconsin."
A.
Sections 990.001, 990.01, 990.03, and 990.04, Wis.
Stats., as amended from time to time, are hereby adopted and incorporated
within the Code of the City of Oconto Falls, Wisconsin.
B.
Wherever found in statutes that are adopted by reference,
the word "legislature" shall mean "Common Council of the City of Oconto
Falls, Wisconsin."
C.
Wherever found in statutes that are adopted by reference,
the word "statute" shall mean "ordinance of the City of Oconto Falls,
Wisconsin."
In construing municipal ordinances the following
rules shall be observed unless construction in accordance with a rule
would produce a result inconsistent with the manifest intent of the
Council:
A.
Shall have been. The words "shall have been" include
past and future cases.
B.
Reasonable time. In all cases where any ordinance
shall require any act to be done in a reasonable time or reasonable
notice to be given, such reasonable time or notice shall be deemed
to mean such time only as may be necessary for the prompt performance
of such duty or compliance with such notice.[1]
[1]
Editor's Note: Original § 1.04(3)
to (16), which immediately followed this subsection and duplicated
§ 990.001, Wis. Stats., were deleted 8-12-2008 by Ord. No.
08-004.
In the construction of municipal ordinances
the words and phrases which follow shall be construed as indicated
unless such construction would produce a result inconsistent with
the manifest intent of the Council:[1]
A.
City. The word "City" shall refer to the City of Oconto
Falls, Wisconsin.
B.
Executor. "Executor," in probate proceedings, includes
an administrator with the will annexed.
C.
Fine. The word "fine" shall be synonymous with the
word "forfeiture." Both words shall mean the payment of money exacted
as penalty.
[1]
Editor's Note: Original § 1.05(1)
to (5), (7) to (9), (11) and (13) to (65), which were included in
this section and duplicated § 990.01, Wis. Stats., were
deleted 8-12-2008 by Ord. No. 08-004.
All ordinances passed by the Council, except
when otherwise specifically provided, shall take effect and be in
force from and after their publication.
The repeal or amendment of any provision of
the Code or any other ordinance or resolution of the Common Council
shall not affect:
A.
Any rights, privileges, obligations or liabilities
which were acquired or incurred or which had accrued under the repealed
or amended provision, unless the City has expressly reserved the right
to revoke such right, privilege, obligation or liability.
B.
Any offense, penalty or forfeiture, or prosecution
for any offense, or levy of any penalty or forfeiture which has arisen
prior to the repeal or amendment of the relevant provision of any
ordinance or resolution. The preceding sentence shall not preclude
the application of a lesser penalty or forfeiture. The procedure for
prosecution of any violations of ordinances repealed or amended shall
be conducted according to the procedure set forth in the new amending
or repealing provision or other procedure currently in effect.
When any ordinance repealing a former ordinance,
clause or provision shall be itself repealed, such repeal shall not
be construed to revive such former ordinance, clause or provision,
unless it shall be expressly so provided.
A.
In case there shall be a violation of any City ordinance
for which no penalty is provided, the person violating the same shall
be subject to a penalty which shall be as follows:
(1)
First offense. Any person who shall violate any provision
of the Code shall, upon conviction thereof, forfeit not less than
$25 nor more then $250, together with the costs of prosecution.
(2)
Second and subsequent offenses. Any person found guilty
of violating any ordinance or part of an ordinance of the Code who
shall previously have been convicted of a violation of the same ordinance
within one year shall, upon conviction, forfeit not less then $50
nor more than $500 for each such offense, together with costs of prosecution.
B.
Continued violations. Each violation and each day
a violation continues or occurs shall constitute a separate offense.
Nothing in the Code shall preclude the City from maintaining any appropriate
action to prevent or remove a violation of any provision of the Code.
A.
Imprisonment. When a fine shall be imposed for the
violation of any ordinance of the City of Oconto Falls or any section
thereof, the court may also sentence the defendant to pay the cost
of the action and to be imprisoned until such fine and costs are paid,
in no case, however, to exceed six months, and the court may also
issue an execution against the property of the defendant for said
fine and costs. Imprisonment shall be in the Oconto County Jail.
B.
Other remedies.
(1)
The City shall have any and all other remedies afforded
by Wisconsin Statutes in addition to the forfeitures and costs of
prosecution above.
(2)
Whenever any person fails to pay a 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 said
forfeiture and costs.
No violation of any ordinance of the City of
Oconto Falls shall be or be construed to be a misdemeanor, nor shall
imprisonment be imposed as punishment for violation of any ordinance
of the City of Oconto Falls except in the event of a failure of the
defendant to pay the forfeiture imposed by the court, any other provision
of the general ordinances of the City of Oconto Falls to the contrary
notwithstanding.
By adopting ordinances that are identical to
Wisconsin Statutes, or in incorporating statutes in the Code by reference,
it is not intended to adopt any of the penalties provided for in the
Wisconsin Statutes. The penalty for violation of the Code of the City
of Oconto Falls and all amendments thereto shall be a forfeiture imposed
by the court, with imprisonment only in case of failure to pay the
forfeiture.
Whenever any standard code, rule, regulation,
statute or other written or printed matter is adopted by reference,
it shall be deemed incorporated in the Code as if fully set forth
herein, and the City Administrator - Clerk/Treasurer shall maintain
in his or her office a copy of any such material as adopted and as
amended from time to time. Material on file at the City Administrator
- Clerk/Treasurer's office shall be considered public records open
to reasonable examination by any person during the office hours of
the City Administrator - Clerk/Treasurer, subject to such restrictions
on examination as the City Administrator - Clerk/Treasurer imposes
for the preservation of the material.
[Adopted 8-12-2008 by Ord. No. 08-004]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of Oconto Falls of a general and permanent nature adopted by the Common Council of the City of Oconto Falls, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 480, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of Oconto Falls," 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 Administrator - 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 City Administrator - Clerk/Treasurer,
and such certified copy shall remain on file in the office of said
City Administrator - 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 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 Oconto Falls" 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 Administrator - Clerk/Treasurer of the City
of Oconto Falls, 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 Administrator - 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 City Administrator
- Clerk/Treasurer, or someone authorized and directed by the Administrator
- Clerk/Treasurer, to keep up-to-date the certified copy of the Code
required to be filed in the Administrator - 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 Administrator - Clerk/Treasurer or
an authorized agent of the Administrator - Clerk/Treasurer upon the
payment of a fee to be set by the Common Council. The Administrator
- 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 City of Oconto Falls 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 § 1-9 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 § 1-25 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 April 8, 2008.
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 the Zoning Map
or otherwise rezoning property.
O.
Any charter ordinances.
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 in § 1-14 includes the adoption of the following, as set forth in the Code on file in the office of the Administrator - Clerk/Treasurer pursuant to § 1-17:
B.
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.
C.
Pursuant to § 755.03, Wis. Stats., the City of Oconto Falls
does not require any employee or elected person or appointed person
to file a bond. The City shall maintain a dishonesty insurance policy
of at least $250,000 covering said persons.
[Added 1-8-2019 by Ord. No. 19-001]
This ordinance shall take effect upon passage
and publication as required by law.
