[HISTORY: Adopted by the City Council of the City of Fond du Lac as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-23-1993 by Ord. No. 2679 as §§ 25.01, 25.02(1), 25.03 and 25.04 of the 1993 Code]
In the construction of this Code of Ordinances, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the ordinance:
Wisconsin Statutes. All references to "Wisconsin Statutes" or "Wis. Stats." mean the current Wisconsin Statutes as amended.
[Amended 4-24-2014 by Ord. No. 3544]
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 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.
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.
May and shall. "May" is permissive; "shall" is mandatory.
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.
Verbs. The use of any verb in the present tense shall not preclude the interpretation of the verb in the future tense where appropriate.
Term. The word "term" when referring to limits on the length of service for a City board, committee, commission or authority member shall mean the full term established by ordinance, resolution or statute. Service of less than a full term shall not be considered a "term" for the purpose of limiting length of service.
[Amended 5-8-1996 by Ord. No. 2836]
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.
[Amended 4-24-2014 by Ord. No. 3544]
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 penalty, which shall be as follows:
Individual violations. Any person who shall violate any provision of this Code shall, upon conviction thereof, forfeit not less than $5 nor more than $5,000, 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.
Continued violations. Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this Code shall preclude the City from maintaining any appropriate action to prevent or remove a violation of any provision of this Code.
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 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 such forfeiture and costs.
[Amended 5-24-1995 by Ord. No. 2783; 6-12-1996 by Ord. No. 2841; 10-22-1997 by Ord. No. 2912; 9-9-1998 by Ord. No. 2942; 1-8-2003 by Ord. No. 3135; 6-11-2003 by Ord. No. 3164; 8-13-2003 by Ord. No. 3170; 10-22-2003 by Ord. No. 3181; 11-22-2005 by Ord. No. 3272; 4-24-2014 by Ord. No. 3544; 1-28-2015 by Ord. No. 3570; 4-13-2016 by Ord. No. 3602]
Uniform citation. Pursuant to § 66.0113, Wis. Stats., the City of Fond du Lac hereby elects to use the citation method of enforcement of ordinances, including those ordinances for which a statutory counterpart exists. The uniform citation promulgated under § 345.11, Wis. Stats., shall be used for all moving and nonmoving traffic violations, except parking violations.
Parking citation. Pursuant to § 345.28, Wis. Stats., the Chief of Police or his designee may choose a parking citation that conforms to § 345.28, Wis. Stats., for the use in enforcing the following chapters relating to parking violations:
Enforcement. The Code of the City of Fond du Lac will be enforced, where applicable, according to the following Wisconsin State Statutes: §§ 23.33, 85.13, 66.0114, 345.11 through 345.61, 350.17, Chapters 799 and 800.
Issuance of uniform citations. Any law enforcement officer may issue citations authorized under this section. In addition, the following or their designees are hereby designated as City officials who may issue citations with respect to ordinances directly related to their official responsibilities:
Issuance of parking citations. Parking citations may be issued by any law enforcement officer or by those civilian employees of the police department that are authorized by the Chief of Police or his designee. In addition, the following or their designees are hereby designated as City officials who may issue parking citations as related to their official responsibilities:
Procedures. Except as related to parking violations, § 66.0113, Wis. Stats., relating to a violator's options and procedure on default, is hereby adopted and incorporated herein by reference.
Parking enforcement policy. The Community Development Director with the approval of the City Manager may issue policies and contract with vendors for the purposes of parking enforcement of City parking ordinance violations.
[Adopted 4-24-2014 by Ord. No. 3544]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of Fond du Lac of a general and permanent nature adopted by the City Council of the City of Fond du Lac, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 720, are hereby approved, adopted, ordained and enacted as the "Code of the City of Fond du Lac," 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 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 City Clerk, and such certified copy shall remain on file in the office of said City 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 City 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 Fond du Lac" 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 City of Fond du Lac, 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 City 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.
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 City Council. 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 City of Fond du Lac 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 City of Fond du Lac 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 1993 City Code are specifically repealed:
Section 1.09, Receipt of gifts and gratuities.
Section 8.05, Materials on streets.
Section 8.095, Licensing of yard waste disposal.
Section 9.04, Curfew.
Section 9.11, Fraud on residential landlords prohibited.
Section 9.14, Carrying and displaying facsimile firearms.
Section 11.01, Abatement of nuisances.
Section 11.02, Unsanitary conditions.
Section 11.04, Grades of milk and milk products which may be sold.
Section 11.05, Restaurants.
Section 11.06, Retail food establishments.
Section 11.07, Public swimming pools.
Section 11.09, Rat and rodent control.
Section 11.10, Day care centers.
Section 12.10, Wrestling and boxing exhibitions.
Section 12.14, Storing of junk automobiles.
Section 12.19, Hayrack and sleigh rides.
Section 12.21, Coin operated music devices.
Section 12.29, Tattoo establishments.
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:
Any ordinance adopted subsequent to February 12, 2014.
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.
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.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
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.
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.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
The levy or imposition of taxes, assessments or charges.
The annexation or dedication of property or approval of preliminary or final subdivision plats.
Ordinances providing for local improvements or assessing taxes or special assessments therefor.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
Any ordinances adopting or amending the Zoning Map or otherwise rezoning property.
Any charter ordinances.
Any ordinance or portion of an ordinance establishing or amending a fee or fees.
Any ordinance or portion of an ordinance establishing or amending a deposit or bond schedule.
Any ordinance or portion of an ordinance establishing electric, sewer or water rates or charges.
Any ordinance establishing or amending municipal ward boundaries.
Chapter 22, Cable Television, of the 1993 City Code.
In compiling and preparing the ordinances for publication as the Code of the City of Fond du Lac, 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 City Council that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
The following changes are made throughout the Code:
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.
References to the "Department of Health and Social Services" and "Department of Health and Family Services" are amended to "Department of Health Services."
References to the "Department of Industry, Labor and Human Relations" and "Department of Commerce" are amended to "Department of Safety and Professional Services."
The titles "Inspection Services Division," "Building Inspection Division" and "Division of Building Inspection" are amended to "Inspection Division."
The title "Parks Division" is amended to "Park Division."
The term "alcoholic beverage " is amended to "alcohol beverage."
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.)
Editor's Note: In accordance with § 1-19D, 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, deleted) 4-24-2014 by Ord. No. 3544." Schedule A, which contains a complete description of all changes, is on file in the City offices.
This ordinance shall take effect upon passage and publication as required by law.