[HISTORY: Adopted by the Village Board of the Village of
Richfield as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-4-2009 by Ord. No. 2009-8-1 (§§ 1.12,
1.13, 1.15, 1.17, 1.23 and 1.24 of prior Code)]
A.
In the construction
of this Code of general ordinances, the following definitions and
rules of construction shall be observed, unless such definitions and
rules of construction would be inconsistent with the manifest intent
of the ordinances:
(1)
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.
(2)
Code. Whenever the term "Code" is used without further qualification,
it shall mean the Village Code of the Village of Richfield, Wisconsin.
(3)
Computation of time.
(a)
The
time within which an act is to be done or proceeding had or taken
shall be computed by excluding the first day and including the last,
and when any such time is expressed in hours, the whole of Sunday
and of any Village recognized holiday, from midnight to midnight,
shall be excluded.
(b)
If
the last day within which an act is to be done or proceeding had or
taken falls on Sunday or a legal holiday, the act may be done or the
proceeding had or taken on the next secular day.
(c)
When
the last day within which a proceeding is to be had or taken or an
act done, which consists of any payment to, or the service upon, or
the filing with any officer, agent, agency, department or division
of the state or of any county, city, village, town, school district
or other subdivision of the state, of any money, return, statement,
report, notice or other document, falls on a Saturday and the duly
established official office hours of such officer, agent, agency,
department or division to which such payment is to be made or upon
which such service is to be made or with which such return, statement,
report, notice or other document is required to be filed, do not include
any office hours thereof on such Saturday, such proceeding may be
had or taken or such act may be done on the next succeeding day that
is not a Sunday or legal holiday.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
(d)
Regardless
of whether the time limited in any ordinance for the taking of any
proceeding or the doing of any act is measured from an event or from
the date or day on which such event occurs, the day on which such
event took place shall be excluded in the computation of such time.
(e)
The
expression "legal holiday" as used in this definition means any statewide
legal holiday provided in § 995.20, Wis. Stats. When an
act is permitted to be done by the use of the postal service, and
the last day within the time prescribed by law for performing such
act falls on a legal public holiday under federal law, or other holiday
designated by the President such that the postal service does not
receive registered mail or make regular deliveries on that day, the
day shall be considered a legal holiday for purposes of this definition.
(4)
County. The term "county" means Washington County, Wisconsin.
(5)
Following. The term "following" means next after.
(6)
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; provided, however, that these rules of construction
shall not be applied to any provisions which shall contain any express
language excluding such construction or when the subject matter or
context of such provisions may be repugnant thereto.
(7)
Includes. The term "includes" does not limit a term to a specified
example.
(8)
May. The term "may" is to be construed as being permissive and not
mandatory.
(9)
May not. The term "may not" states a prohibition.
(10)
Month. The term "month" means a calendar month.
(11)
Oath. The term "oath" includes affirmation in all cases where by
law an affirmation may be substituted for an oath. If an oath or affirmation
is required to be taken, such oath or affirmation shall be taken before
and administered by some officer authorized by law to administer oaths,
at the place where the same is required to be taken or administered,
unless otherwise expressly directed, and, when necessary, duly certified
by such officer. If an oath is administered, it shall end with the
words "so help me God." In actions and proceedings in the court, a
person may take an oath or affirmation in communication with the administering
officer by telephone or audiovisual means.
(12)
Officers and employees. Whenever any officer or employee is referred
to by title, such as "Village Clerk" or "Clerk," such reference shall
be construed as if followed by the words "Village of Richfield, Wisconsin."
(13)
Owner. The term "owner" as applied to a building or land shall include
any part owner, joint owner, tenant in common, tenant in partnership,
joint tenant, or tenant by the entirety of the whole or a part of
such building or land.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
(14)
Person. The term "person" extends and applies to natural persons,
firms, corporations, associations, partnerships or other bodies politic
and all entities of any kind capable of being sued unless plainly
inapplicable.
(15)
Personal property. The term "personal property" includes every species
of property except real property.
(16)
Preceding. The term "preceding" means next before.
(17)
Premises. The term "premises," as applied to real property, includes
land and structures.
(18)
Property. The term "property" includes real property, personal property
and mixed property.
(19)
Real property; real estate; land; lands. The terms "real property,"
"real estate," "land" and "lands" include lands, tenements and hereditaments.
(20)
Shall. The term "shall" is to be construed as being mandatory.
(21)
Signature. If the signature of any person is required by law, it
shall always be the handwriting of such person, or if the person is
unable to write, the person's mark or the person's name
written by some other person at the person's request and in the
person's presence, including the identification of the witness
and any federal mandated facsimile signature.
(22)
State. The term "state" means the State of Wisconsin.
(23)
Street. The term "street" means any alley, avenue, boulevard, highway,
road, lane, viaduct, bridge and the approach thereto, and any other
public thoroughfare in the Village. The term "street" also means the
entire width thereof between abutting property lines. "Street" includes
a sidewalk or footpath.
(24)
Street terrace. The term "street terrace" means that portion of a
street between the curbline, or the lateral lines of a roadway where
there is no curb, and the adjacent property line intended for the
use of pedestrians. If there is no public area between the lateral
lines of the roadway and the abutting property line, then the area
immediately abutting the street line shall be construed as the street
terrace.
(26)
Tense. Terms used in the past or present tense include the future
as well as the past and present.
(27)
Village. The term "Village" means the Village of Richfield, Wisconsin.
(28)
Village Board; Board. The terms "Village Board" and "Board" mean
the Board of Trustees of the Village of Richfield, Wisconsin.
(29)
Week. The term "week" means a period of seven consecutive days.
(30)
Wisconsin Administrative Code. The terms "Wisconsin Administrative
Code" and "Wis. Adm. Code" mean the current administrative regulations
promulgated pursuant to law by state agencies.
(31)
Wisconsin Statutes. The terms "Wisconsin Statutes" and "Wis. Stats.,"
wherever used in this Code, shall mean the Wisconsin Statutes for
the current year; the term shall include session laws of the Legislature
not yet printed in statute form.
(32)
Writing. The term "writing" includes any form of recorded message
capable of comprehension by ordinary visual means.
(33)
Year. The term "year" means a calendar year.
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.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
(2)
Interpretation. All future amendments, revisions, renumbering or other modifications of the current or future State Statutes referenced in this § 1-3 are incorporated herein in order to secure uniform statewide regulation of peace and good order.
(3)
General adult penalty. In addition to, and not to the exclusion or
prejudice of, such other penalties and remedies as may apply, any
adult person who shall violate any of the provisions of any Village
ordinance shall, upon conviction of such violation, be subject to
a penalty, which shall be as follows:
(a)
First
offense - penalty. Any adult person who shall violate any provision
of any Village ordinance shall, upon conviction thereof, forfeit not
less than $10 nor more than $1,000, 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 Village ordinances,
and in default or payment of the same, any adult person shall be subject
to the provisions of § 800.095, Wis. Stats.
(b)
Second
and subsequent offenses - penalty. Any adult person who is found guilty
of violating any ordinance or part of an ordinance of any Village
ordinance 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 $25 nor more than $2,000
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 Village ordinances, and
in default or payment of the same, any adult person shall be subject
to the provisions of § 800.095 Wis. Stats.
(4)
Disposition
of juveniles adjudged to have violated an ordinance.
(a)
If
the court finds that a juvenile violated a Village ordinance, other
than the truancy, school dropout, alcohol or drug offenses described
in § 938.17(2)(e), (g), or (i), Wis. Stats., it shall enter
an order making one or any combination of the dispositional orders
permitted under § 938.343, Wis. Stats.
(b)
If
the court finds that a juvenile violated an ordinance adopted in strict
conformity with the truancy, school dropout, alcohol or drug offenses
described in § 938.17(2)(e), (g), or (i), Wis. Stats., it
shall order one or any combination of the penalties specified directly
or by reference in such state statute.
(c)
If
the court finds that a juvenile violated a condition of his or her
dispositional order, the court may impose any of the sanctions specified
directly or by reference in § 938.17(2)(h), Wis. Stats.
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 provision of this Code or 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.
A.
Creation.
Pursuant to § 66.0113, Wis. Stats., the Village elects to
use the citation method of enforcement of ordinances other than those
for which a statutory counterpart exists.
B.
Citation.
The citation shall contain the following:
(1)
The name and address of the alleged violator.
(2)
Factual allegations describing the alleged violation.
(3)
The time and place of the offense.
(4)
The section of the ordinance or municipal code violated.
(5)
A designation of the offense in such manner as can be readily understood
by a person making a reasonable effort to do so.
(6)
The time at which the alleged violator may appear in court.
(7)
A statement which, in essence, informs the alleged violator as follows:
(a)
A cash deposit of a specified amount may be made which shall be delivered
or mailed to the clerk of courts prior to the time of the scheduled
court appearance.
(b)
If such a deposit is made, the alleged violator need not appear in
court unless he is subsequently summoned.
(c)
That, 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 8-15-2013 by Ord. No. 2013-8-2]
(d)
That, 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 municipality may commence an action against the
alleged violator to collect the forfeiture, plus costs, fees, and
surcharges imposed under Ch. 814, Wis. Stats.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
(e)
That, 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.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
(8)
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 statement required under Subsection B(7) of this section has been read. Such statement shall be sent or brought with the cash deposit.
(9)
Such other information as the Village Board deems necessary.
C.
The
cash deposits for the various ordinances for which a citation may
be issued are as established on the deposit schedule adopted by the
Village Board, a copy of which is on file with the Village Clerk.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
D.
Issuance
of citation. The Washington County Sheriff's Department or Village
law enforcement officer may issue citations authorized under this
section.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
E.
Procedure.
Wisconsin Statutes § 66.0113(3), relating to a violator's
options and procedure on default, is adopted and incorporated in this
section by reference.
F.
Nonexclusivity.
Adoption of this section does not preclude the Village Board from
adopting any other ordinance or providing for the enforcement of any
other law or ordinance relating to the same or other matter.
A.
Supplements
to this Code shall be prepared and printed whenever authorized or
directed by the Village. A supplement to this Code shall include all
substantive permanent and general parts of ordinances adopted during
the period covered by the supplement and all changes made thereby
in the Code. The pages of the supplement shall be so numbered that
they will fit properly into the Code and will, where necessary, replace
pages that have become obsolete or partially obsolete. The new pages
shall be so prepared that, when they have been inserted, the Code
will be current through the date of the adoption of the latest ordinance
included in the supplement.
B.
In
preparing a supplement to this Code, all portions of the Code that
have been repealed shall be excluded from the Code by the omission
thereof from reprinted pages.
C.
When
preparing a supplement to this Code, the person authorized to prepare
the supplement may make formal, nonsubstantive changes in ordinances
and parts of ordinances included in the supplement, insofar as necessary
to do so in order to embody them into a unified Code. For example,
the person may:
(1)
Arrange the material into appropriate organizational units.
(2)
Supply appropriate catchlines, headings and titles for chapters,
articles, divisions, subdivisions and sections to be included in the
Code and make changes in any such catchlines, headings and titles
or in any such catchlines, headings and titles already in the Code.
(3)
Assign appropriate numbers to chapters, articles, divisions, subdivisions
and sections to be added to the Code.
(4)
Where necessary to accommodate new material, change existing numbers
assigned to chapters, articles, divisions, subdivisions, or sections.
(5)
Change the words "this ordinance" or similar words to "this chapter,"
"this article," "this division," "this subdivision," "this section"
or "sections __________ to __________" (inserting section numbers
to indicate the sections of the Code that embody the substantive sections
of the ordinance incorporated in the Code).
(6)
Make other nonsubstantive changes necessary to preserve the original
meaning of the ordinances inserted in the Code.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
Whenever in this Code any standard, code, rule, regulation or
other written or printed matter, other than the state statutes or
other sections of this Code, are adopted by reference, they shall
be deemed incorporated in this Code as if fully set forth in this
Code, and the Village Clerk or designee is directed and required to
file, deposit and keep in his/her 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 Village Clerk or designee
may prescribe for their preservation.
[Adopted 8-15-2013 by Ord. No. 2013-8-2]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Richfield of a general and permanent nature adopted by the Village Board of the Village of Richfield, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 620, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Richfield," 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 Richfield" 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 Richfield, 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 Richfield 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. 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 Richfield 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 § 1-18 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 18, 2013.
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 charter
ordinances.
O.
Any ordinance
or portion of an ordinance establishing or amending a deposit or bond
schedule.
P.
Any ordinances adopting or amending the Village of Richfield Zoning Ordinance, which prior to the date of adoption of this ordinance is known as Chapter 70 of the Village of Richfield Village Code, and was adopted by Ordinance No. 84-1, on May 10, 1984, and amended from time to time thereafter.
Q.
Any ordinances
adopting or amending the Zoning Map or otherwise rezoning property.
R.
Any ordinances
adopting or amending the Village of Richfield Comprehensive Plan.
A.
In compiling and preparing the ordinances for publication as the Code of the Village of Richfield, 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 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 following
changes are made throughout the Code:
(1)
References
to specific chapters and sections of the Wisconsin Statutes and Wisconsin
Administrative Code are amended to reflect the numbering of the statutes
and Administrative Code as of the publication of this Code.
(2)
References
to the "Department of Industry, Labor and Human Relations" and "Department
of Commerce" are amended to "Department of Safety and Professional
Services."
(3)
References
to the "Department of Health and Social Services" and "Department
of Health and Family Services" are amended to "Department of Health
Services."
(4)
The
term "police officer" is amended to "law enforcement officer."
(5)
References
to the “Soil Conservation Service” are amended to “Natural
Resources Conservation Service.”
C.
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.)[1]
[1]
Editor’s Note: In accordance with § 1-20C, the chapters, parts and sections which were added, amended, adopted or deleted 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, deleted) 8-15-2013 by Ord. No. 2013-8-2.” 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.
