[HISTORY: Adopted by the Village Board of the Village of
Fox Point as indicated in article histories. Amendments noted where
applicable.]
[Adopted as §§ 1.02, 1.05, 1.06 and 1.07 of
the 1961 Code]
A.
Terms
used in this Code, unless otherwise specifically defined in this Code,
have the meaning prescribed by the Wisconsin Statutes for the same
terms.
B.
COUNTY
ORDINANCES
PERSON
STATE
THIS CODE
VILLAGE
VILLAGE BOARD
WISCONSIN STATUTES
Terms
used in this Code have the following meanings:
Milwaukee County.
The ordinances of the Village of Fox Point and all amendments
thereto, including this article.
Any individual, firm, partnership, corporation, company,
association, club, joint venture, estate, trust or any group or combination
acting as a unit and the individuals constituting such group or unit;
and the plural as well as the singular number; and the masculine gender
includes the feminine and neuter genders, unless the intention to
give more limited meaning is disclosed by the context. As applied
to partnerships, the word "person" includes the members of the partnership;
as applied to corporations, it includes the officers, agents or employees
responsible for the act referred to.
State of Wisconsin.
The Fox Point Village Code.
Village of Fox Point, Wisconsin
The Village Board of the Village of Fox Point.
The Wisconsin Statutes as of the adoption of this Code, as
amended or renumbered from time to time.
[Amended 11-11-2014 by Ord. No. 2014-08]
C.
Unless the
context of an ordinance required a specific gender, this Code is intended
to be gender neutral. Every word in these ordinances referring to
the masculine gender shall also be construed to apply to females,
and vice versa; the masculine gender is used solely in the interest
of brevity.
[Added 11-11-2014 by Ord.
No. 2014-08]
Unless otherwise provided in this Code, this Code applies to
acts performed within the corporate limits of the Village of Fox Point.
Provisions of this Code also apply to acts performed outside the corporate
limits and up to the limits prescribed by law, where the law confers
power on the Village to regulate such particular acts outside the
corporate limits.
Every person concerned in the commission of an act prohibited
by this Code, whether he directly commits the act, or prosecutes,
counsels, aids or abets in its commission, may be prosecuted and on
conviction is punishable as if he had directly committed such act.
A.
General
penalty. Except where a penalty is provided elsewhere in this Code,
any adult 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:
(1)
First offense. Any adult person who shall violate any provision of
this Code shall, upon conviction thereof, forfeit not less than $25
nor more than $1,500, together with all costs, surcharges, penalty
assessments, and any other taxable item of cost as provided for by
the laws of the State of Wisconsin as applicable to forfeiture actions
that are in effect at the time of the offense, and any other taxable
costs as imposed by any other provision of this Code, and in default
or payment of the same shall be imprisoned in the House of Correction
for one day for each $25 owed, or fraction thereof, but not to exceed
90 days. Any imprisonment imposed in lieu of payment shall comply
with any then-applicable state law requiring a lesser alternate period
of imprisonment.
(2)
Second and subsequent offenses. Any adult person who is 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
or part of an ordinance within three years from the date of the last
offense to the date of the current offense shall, upon conviction
thereof, forfeit not less than $50 nor more than $2,500 for each such
offense, together with all costs, surcharges, penalty assessments,
and any other taxable item of cost as provided for by the laws of
the State of Wisconsin as applicable to forfeiture actions that are
in effect at the time of the offense, and any other taxable costs
as imposed by any other provision of this Code and, in default of
payment of the same, shall be imprisoned in the House of Correction
for one day for each $25 owed, or fraction thereof, but not to exceed
90 days. Any imprisonment imposed in lieu of payment shall comply
with any then-applicable state law requiring a lesser alternate period
of imprisonment.
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.
Other
remedies.
(1)
The Village shall have any and all remedies afforded by the Wisconsin
Statutes in addition to the forfeitures and costs of prosecution above.
(2)
Execution or assessment against defendant's property. 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 Village,
the court may, in lieu of ordering imprisonment of the defendant,
of after the defendant has been released from custody, issue an execution
against the property of the defendant for said forfeiture and costs.
In the alternative, upon authorization of the court imposing any such
forfeiture and costs, such sum as remains unpaid shall be added to
the Village's portion of the property tax liability.
(3)
In addition to any forfeiture imposed under this section or any other
penalty section of the Code of the Village of Fox Point, the Village
may institute an action or proceeding to enjoin any violation, and
such violation or any nonpayment of any forfeiture and costs shall
constitute the basis for revocation or denial of any and all licenses
and permits wherein the Village is the issuing authority.
(4)
Upon stipulation of the parties, and subject to the approval of the
court upon a finding that such stipulation is in the public interest
and serves the interests of justice, the court may impose terms not
to exceed $250 against a defendant upon dismissal of the action. The
Clerk of Municipal Court shall, within 30 days of receipt thereof,
transfer such sum to the Village Clerk/Treasurer for deposit in the
General Fund.
[Amended 11-11-2014 by Ord. No. 2014-08]
D.
Time
to pay. Any forfeiture and costs imposed as a penalty pursuant to
this section or any penalty provisions of this Code shall be payable
forthwith if so ordered by the court; however, the court may, in its
discretion, allow reasonable time for payment, or reasonable payment
plans, considering the defendant's ability to pay, and the court
shall allow any time for payment or payment plan as provided for by
any state law applicable at the time of imposition of the forfeiture.
E.
Disposition
of juveniles adjudged to have violated an ordinance.
(1)
If the court finds that a juvenile violated an ordinance adopted by this Code, other than § 670-25 of the Code of the Village of Fox Point or an ordinance adopted in strict conformity with Ch. 125, Wis. Stats., it shall enter an order making one or any combination of the dispositional orders permitted under § 938.343, Wis. Stats.
(2)
If the court finds that a juvenile violated an ordinance adopted
in strict conformity with Ch. 125, Wis. Stats., it shall order one
or any combination of the penalties specified in § 938.344,
Wis. Stats.
(3)
Upon stipulation of the parties, and subject to the approval of the
court upon a finding that such stipulation is in the public interest
and serves the interests of justice, the court may impose terms not
to exceed $100 against the defendant upon dismissal of the action.
The Clerk of Municipal Court shall, within 30 days of receipt thereof,
transfer such sum to the Village Clerk/Treasurer for deposit in the
General Fund.
[Amended 11-11-2014 by Ord. No. 2014-08]
[Adopted 11-11-2014 by Ord. No. 2014-08]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Fox Point of a general and permanent nature adopted by the Village Board of the Village of Fox Point, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 870, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Fox Point," 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/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 Village Clerk/Treasurer, and such certified copy shall remain
on file in the office of said Village 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 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 Fox Point" 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/Treasurer of the Village of Fox Point, 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/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 Village Clerk/Treasurer, or someone
authorized and directed by the Clerk/Treasurer, to keep up-to-date
the certified copy of the Code required to be filed in the 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 Clerk/Treasurer or an authorized agent of the Clerk/Treasurer
upon the payment of a fee to be set by the Village Board. The 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 Village of Fox Point 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 Fox Point which is not in conflict with the provisions of the Code
shall be deemed to remain in full force and effect.
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 May 13, 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 or amending a specific fee
amount for any license, permit or service obtained from the Village.
Q.
Any ordinance
or portion of an ordinance establishing or amending a deposit or bond
schedule.
R.
Any ordinance
or portion of an ordinance establishing or amending rates or charges
for water or sewer service.
A.
In compiling and preparing the ordinances for publication as the Code of the Village of Fox Point, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B 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.
B.
The amendments
and/or additions as set forth in Schedule A[1] 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.)
[1]
Editor's Note: In accordance with § 1-19B, the chapters, parts and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 11-11-2014 by Ord. No. 2014-08." Schedule A, which contains a complete description of all changes, is on file in the Village offices.
This ordinance shall take effect upon passage and publication
as required by law.
