[HISTORY: Adopted by the Town Board of the
Town of Winneconne as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-20-1994 as §§ 25.01, 25.02(1),
25.03, 25.04 and 25.05 of the 1994 Code]
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:
A. Wisconsin Statutes. All references to "Wisconsin Statutes"
or "Wis. Stats." shall mean the Wisconsin Statutes as of the adoption
of this Code and as they may be amended.
[Amended 4-21-2005]
B. 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.
C. 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.
D. 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.
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 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's office hours, subject to such orders or regulations
which the Clerk may prescribe for their preservation.
A. Except as otherwise provided, 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 4-21-2005]
(1) First offense. Any person who shall violate any provision
of this Code shall, upon conviction thereof, forfeit not less than
$10 nor more than $500, together with the costs of prosecution, and
in default of payment of such forfeiture and costs of prosecution
shall be imprisoned in the county jail until such forfeiture and costs
are paid, but not exceeding 90 days.
(2) Second offense. Any person found guilty of violating
any ordinance or part of an ordinance of this Code who has previously
been convicted of a violation of the same ordinance within one year
shall, upon conviction thereof, forfeit not less than $25 nor more
than $500 for each such offense, together with the costs of prosecution,
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 six months.
B. Continued violations. Each violation and each day
a violation continues or occurs shall constitute a separate offense.
Nothing in this Code shall preclude the Town from maintaining any
appropriate action to prevent or remove a violation of any provision
of this Code.
C. 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 Town, 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.
A. Statutory authorization. Pursuant to § 66.0113,
Wis. Stats., the Town elects to use the citation method of enforcement
of ordinances, including those for which a statutory counterpart exists.
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 in 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 Circuit Court,
or Clerk of Municipal Court depending on the type of citation, prior
to the time of the scheduled court appearance.
[Amended 4-21-2005]
(b) If a deposit is made no appearance in court is necessary
unless he is subsequently summoned.
(c) If a cash deposit is made and the alleged violator
does not appear in court, he will be deemed to have entered a plea
of no contest, or, if the court does not accept the plea of no contest,
a summons will be issued commanding him to appear in court to answer
the complaint.
(d) If no cash deposit is made and the alleged violator
does not appear in court at the time specified, an action may be commenced
to collect the forfeiture.
(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.
[Added 4-21-2005]
C. 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.
D. Deposits shall be made in cash, money order or certified
check to the Clerk of Circuit Court, or Clerk of Municipal Court depending
on the type of citation, who shall provide a receipt therefor.
[Amended 4-21-2005]
E. Issuance of citations. Any Town law enforcement officer
and the Town Fire Chief and Building Inspector/Zoning Administrator
are authorized to issue citations for violations of those ordinances
they are empowered to enforce.
[Amended 4-21-2005]
F. Procedure. Section 66.0113(3), Wis. Stats., relating
to a violator's options and procedures on default, is hereby adopted
and incorporated by reference.
G. Nonexclusivity.
(1) Other ordinance. Adoption of this section does not
preclude the Town Board from adopting any other ordinance or providing
for the enforcement of any other law or ordinance relating to the
same or other matter.
(2) Other remedies. The issuance of a citation hereunder
shall not preclude the Town Board or any authorized officer from proceeding
under any other ordinance or law or by any other enforcement method
to enforce any ordinance, regulation or order.
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Town of Winneconne of a general and permanent nature adopted by the Town Board of the Town of Winneconne, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters
1 through
310, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Winneconne," 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 Town 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 Town Clerk, and such certified copy shall
remain on file in the office of said Town 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 Town Board to make them a part thereof, shall
be deemed to be incorporated into such Code so that reference to the
"Code of the Town of Winneconne" 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 Town of Winneconne, 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 Town 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 Town Board. 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 Town of Winneconne to be misrepresented
thereby. Anyone violating this section or any part of this ordinance
shall be subject, upon conviction, to a fine of not more than $500,
in the discretion of the Judge imposing the same.
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 §
1-17 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 June 17, 2004.
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 town'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 ordinance adopting or amending a cash deposit
schedule for use with municipal citations.
A. In compiling and preparing the ordinances for publication as the Code of the Town of Winneconne, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections
B and
C hereof. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
B. The following changes are made throughout the Code:
(1) References to specific chapters and sections of the
Wisconsin Statutes are revised to reflect the numbering of the statutes
as of the publication of this Code.
(2) References to the "Department of Health and Social
Services" are amended to read "Department of Health and Family Services."
(3) References to the "Department of Industry, Labor and
Human Relations" (ILHR) are amended to read "Department of Safety
and Professional Services."
[Amended 12-19-2019 by Ord. No. 2019-6]
(4) Specific fee amounts are removed and replaced with the following wording: "as set by the Town Board," except in §
165-4, False alarms, and Chapter 178, Impact Fees.
(5) References to the "Highway Superintendent" are amended
to read "Superintendent of Highways."
[Amended 6-20-2013]
(6) References to the "Planning Commission" and "Planning
Committee" are amended to read "Plan Commission."
C. In addition, the amendments and/or additions as set
forth in Schedule A attached hereto and made a part hereof are made
herewith, to become effective upon the effective date of this ordinance.
(Chapter and section number references are to the ordinances as they
have been renumbered and appear in the Code.)
This ordinance shall take effect upon passage
and publication as required by law.