[HISTORY: Adopted by the Village Board of
the Village of Wales as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-17-1989 as §§ 25.01, 25.02(1),
25.03 and 25.04 of the 1989 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." mean the current edition of the Wisconsin Statutes
and include the most recent biennial session.
B.
Gender; singular and plural. Every word in this Code
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.
E.
Verbs. The use of any verb in the present tense shall
not preclude the interpretation of the verb in the future tense where
appropriate.
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.
General penalty. 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 deposit and/or
penalty assessment as established under state law, including but not
limited to §§ 66.0114, 66.0115 and 778.10, Wis. Stats.,
and costs, which shall be as set forth in a resolution adopted by
the Village Board. Deposits and costs listed on resolution shall be
determined as follows:
[Amended 1-3-2000; 8-18-2014 by Ord. No. 8-2014-3]
(1)
First offense. Any person who shall violate any provision
of this Code shall, upon conviction thereof, forfeit not less than
$5 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 $50 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 Village 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 Village,
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.
D.
Citation method of enforcement.
(1)
Statutory authorization. Pursuant to § 66.0113,
Wis. Stats., the Village elects to use the citation method of enforcement
of ordinances, including those for which a statutory counterpart exists,
and § 66.0113 is hereby incorporated and made a part of
this section.
(2)
Contents of citation. The citation shall contain 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 number and section of the ordinance violated.
(e)
A designation of the offense in such a manner as can
readily be understood by a person making a reasonable effort to do
so.
(f)
The date and time at which the alleged violator may
appear in court.
[Amended 8-18-2014 by Ord. No. 8-2014-3]
(g)
A statement which informs the violator that:
[1]
A cash deposit based on the established schedule
may be delivered or mailed to the Clerk of the Circuit Court prior
to the time of the scheduled court appearance.
[2]
If a deposit is made, no appearance in court
is necessary unless he/she is subsequently summoned.
[3]
If the alleged violator makes a cash deposit
and does not appear in court, he or she either will be deemed to have
tendered 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 8-18-2014 by Ord. No. 8-2014-3]
[4]
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 under § 66.0113(3)(d),
Wis. Stats., or the Village may commence an action against the alleged
violator to collect the forfeiture, plus costs, fees, and surcharges
imposed under Ch. 814, Wis. Stats.
[Added 8-18-2014 by Ord.
No. 8-2014-3]
[5]
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 8-18-2014 by Ord.
No. 8-2014-3]
(h)
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.
(3)
Deposits. Deposits shall be made in cash, money order
or certified check to the Clerk of Court, who shall provide a receipt
therefor.
(4)
Issuance of citations. The Village Attorney, Waukesha
County Sheriff's Department authorized personnel, Village Clerk, Deputy
Clerk, Village President, Village Trustees and authorized building
inspection personnel may issue citations authorized under this section.
[Amended 1-3-2000]
[Adopted 8-18-2014 by Ord. No. 8-2014-3]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Wales of a general and permanent nature adopted by the Village Board of the Village of Wales, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 435, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Wales," 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 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,
and such certified copy shall remain on file in the office of said
Village 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 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 Wales" 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 of the Village of Wales, 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 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, or someone authorized
and directed by the Clerk, to keep up-to-date the certified copy of
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 included
as supplements to said 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 Village 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 Village of Wales 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 inconsistent with the
provisions contained in the Code adopted by this ordinance are hereby
repealed; provided, however, that such repeal shall only be to the
extent of such inconsistency, and any valid legislation of the Village
of Wales which is not in conflict with the provisions of the Code
shall be deemed to remain in full force and effect. The following
sections of the 1989 Code are specifically repealed: §§
5.01 to 5.10, 5.13 and 12.01.
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 January 20, 2014.
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.
Any ordinance
or portion of an ordinance establishing a specific fee amount for
any license, permit or service obtained from the Village.
A.
In compiling and preparing the ordinances for publication as the Code of the Village of Wales, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections C and D 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 Village 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.
C.
The following
changes are made throughout the Code:
(1)
References
to specific chapters and sections of the Wisconsin Statutes and Wisconsin
Administrative Code are revised to reflect the numbering of the statutes
and Administrative Code as of the publication of this Code.
(2)
References
to the State Department of Industry, Labor and Human Relations are
amended to refer to the State Department of Safety and Professional
Services.
(3)
References
to the "Planning Commission" are amended to read "Plan Commission."
(4)
References
to the "Board of Appeals" and "Board of Zoning Appeals" are amended
to read "Zoning Board of Appeals."
D.
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.
