[HISTORY: Adopted by the Village Board of
the Village of Saukville as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-17-2001 by Ord. No. 565]
Pursuant to W.S.A. s. 66.035, the various chapters and sections of the 1985 Code of Ordinances of the Village of Saukville, and subsequent ordinances of the Village of Saukville of a general and permanent nature adopted by the Village Board of the Village of Saukville, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters
1 through
205, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Saukville," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede
the 1985 Code of Ordinances of the Village of Saukville and 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 Village Clerk and shall remain there
for use and examination by the public for at least two weeks, in accordance
with § 66.035, 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 Saukville" 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 Village Clerk, 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 Village Clerk, or
someone authorized and directed by the Village 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 Village 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 Saukville 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 §
1-12 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 December 1, 2000.
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. The Zoning Ordinance and Subdivision Regulations and
all amendments thereto.
A. In compiling and preparing the ordinances for publication as the Code of the Village of Saukville, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections
B and
C hereof. In addition, 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 are revised to reflect the numbering of the statutes
as of the publication of this Code.
(2) Penalties. In the following sections, the penalty has been deleted and reference made to the general penalty in Chapter
1, General Provisions or a penalty section referring to the general penalty has been added: §§
53-7A and
103-6.
(3) Nomenclature. The following nomenclature changes have
been made:
(a) "State Department of Industry, Labor and Human Relations"
or "State Industrial Commission" to:
[1]
"Department of Industry, Labor and Job Development" in §
140-17B.
(d) "State Department of Health and Social Services" to
"State Department of Health and Family Services."
(e) "Superintendent of Sewer and Water Utilities" to "Superintendent
of Utilities."
(f) "Street Superintendent" and "Superintendent of Streets"
to "Director of Public Works."
(g) "Fire and Police Committee" and "License and Permits
Committee" to "Public Safety Committee."
(h) "Parks and Municipal Property Committee" to "Public
Works Committee."
(i) "Emergency government" to "emergency management."
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.
[Adopted 12-17-1985 by Ord. No.
389 as Ch. 25 of the 1985 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
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 provisions 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. First and second offenses. 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:
[10-5-2021 by Ord. No. 814]
(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 $1,000, 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.
(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 $10 nor more
than $1,000 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.
[Added by Ord. No. 397]
(1) Authority. Pursuant to the authority of § 66.119,
Wis. Stats., the Village hereby elects to use the citation method
of enforcement of ordinances, including those for which a statutory
counterpart exists. The form of the citation is incorporated herein
by reference.
[Amended by Ord. No. 424]
(2) Citation. The citation shall contain the following:
(a) The name and address of the alleged violator.
(b) Factual allegations describing the alleged violation.
(c) The time and place of offense.
(d) The section of the ordinance violated.
(e) A designation of the offense in such manner as can
be readily understood by a person making a reasonable effort to do
so.
(f) The time at which the alleged violator may appear
in court.
(g) A statement which in essence informs the alleged violator:
[1]
That a cash deposit based on the schedule established
by this subsection may be made which shall be delivered or mailed
to the Ozaukee County Clerk of Courts prior to the time of the scheduled
court appearance.
[2]
That if a cash deposit is made, no appearance
in court is necessary, unless subsequently summoned.
[3]
That if a cash deposit is made and the alleged
violator does not appear in court, the nonappearance will be deemed
a plea of no contest for which a forfeiture not to exceed the amount
of the deposit is submitted or, if the court does not accept the plea
of no contest, a summons will be issued ordering the alleged violator
to appear in court to answer the complaint.
[4]
That 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 up to the maximum permitted
by law.
[5]
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.
(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 statement required under Subsection
D(2)(g) above has been read. Such statement shall be sent or brought with the cash deposit.
(i) Such other information as the Village deems necessary.
(3) Schedule of cash deposits.
(a) The following schedule of cash deposits is established
for use with citations issued under this subsection: See Schedule
A.
[Amended 11-17-1998 by Ord. No. 525; 1-4-2000 by Ord. No. 546; 4-17-2001 by Ord. No. 565; 8-6-2002 by Ord. No. 588; 11-25-2003 by Ord. No. 607; 12-7-2004 by Ord. No.
622; 9-6-2005 by Ord. No. 640; 3-7-2006 by Ord. No. 645; 7-14-2009 by Ord. No. 696; 12-3-2013 by Ord. No. 742; 10-5-2021 by Ord. No. 814]
(b) Deposits shall be made in cash, money order or check
to the Clerk of Courts, who shall provide a receipt therefor.
(4) Issuance of citations.
(a) Any law enforcement officer may issue citations for
enforcement of any ordinances authorized under this subsection.
(b) The following officials of the Village are hereby authorized to issue citations for enforcement of those chapters and sections of the Code of the Village of Saukville specified. Such officials may delegate authority to their subordinates upon approval by the Village Board. Pursuant to §
19-3 of this Code, the Police Department has general enforcement authority for all Village ordinances. This schedule denotes the officials primarily charged with the enforcement of the specific chapters and sections noted below.
[Amended 9-3-2013 by Ord. No. 740; 8-9-2014 by Ord. No. 750]
Number of Chapter or Section
|
Chapter/Section Title
|
Enforcement officials
|
---|
|
Board of Health
|
Health Officer and Police Department
|
|
Police Department
|
Police Department
|
|
Emergency Management
|
Police Department
|
|
Board of Health
|
Health Officer and Police Department
|
|
Alcohol Beverages
|
Police Department
|
|
Amusements and Amusement Devices
|
Police Department
|
|
Animals
|
Police Department
|
|
Mass Public Assemblies
|
Police Department
|
|
Building Construction
|
Building Inspector
|
|
Numbering of Buildings
|
Building Inspector
|
|
Cemetery
|
Cemetery Commissioner
|
|
Driveways
|
Public Works Superintendent
|
|
Electrical Standards
|
Electrical Inspector
|
|
Fire Prevention
|
Fire Chief
|
|
Housing Standards
|
Building Inspector
|
|
Public Nuisances
|
Police Department
|
|
Weeds and rank vegetation (definition of "Public
Nuisances Affecting Health," Subsection F)
|
Weed Commissioner
|
|
Health Nuisances
|
Health Officer and Police Department
|
|
Parks and Recreation
|
Police Department
|
|
Peace and Good Order
|
Police Department
|
|
Peddling and Soliciting
|
Police Department
|
|
Plumbing Standards
|
Plumbing Inspector
|
|
Property Maintenance
|
Building Inspector
|
|
Storm Sewers
|
Public Works Superintendent and Building Inspector
|
|
Sewer Use
|
Wastewater Utility Superintendent
|
|
Solid Waste
|
Health Officer and Police Department
|
|
Streets and Sidewalks
|
Public Works Superintendent
|
|
Snow and Ice Removal from Sidewalks
|
Police Department
|
|
Subdivision Regulations
|
Village Administrator
|
|
Taxicabs
|
Police Department
|
|
Trees and Shrubs
|
Public Works Superintendent
|
|
Vehicles and Traffic
|
Police Department
|
|
Water
|
Health Officer and Police Department
|
|
Zoning Signs
|
Village Administrator Building Inspector and
Police Department
|
(5) Procedure. The provisions of § 66.119(3),
Wis. Stats., relating to violator's options and procedure on default,
are hereby adopted and incorporated herein by reference.
(6) Nonexclusivity. Adoption of this subsection in no
way precludes the adoption of any other ordinance or providing for
the enforcement of any other law or ordinance relating to the same
or any other matter. The issuance of a citation under this subsection
in no way precludes the proceeding under any other law or ordinance
relating to the same or any other matter.
These ordinances shall be known as the "Code
of the Village of Saukville" and shall take effect from and after
passage and publication as provided in § 66.035, Wis. Stats.
All references thereto shall be cited by section number (example:
§ 13-1, Code of the Village of Saukville).
As each ordinance or resolution affecting the
Municipal Code becomes effective, the Village Clerk shall forward
such ordinance or resolution to the publisher, who shall incorporate
them into the Municipal Code. The publisher shall make no substantive
changes to such ordinances and resolutions but may renumber, rearrange
and edit them without first submitting them to the Village Board;
and such rearranging, renumbering and editing shall not affect the
validity of such ordinances and resolutions or the provisions of this
Code affected thereby.