[Code 1992, § 25.07]
This Code may be known and cited as the Municipal Code of the
City of Lake Geneva, Wisconsin.
[Code 1992, § 25.01(1)—(4)]
The following words, terms and phrases, when used in this Code,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
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.
The word "and" may be read as "or" and the word "or" may
be read "and" where the sense requires it.
The City of Lake Geneva, Wisconsin.
Whenever the term "Code" or "this Code" is used without further qualification, it shall mean the Municipal Code of the City of Lake Geneva, Wisconsin, as designated in section 1-1.
The City council of the City of Lake Geneva, Wisconsin.
Walworth County, Wisconsin.
Every word in this Code and in any ordinance imparting the
masculine gender may extend and be applied to females as well as males.
Words purporting to give authority to three or more officers
or other persons shall be construed as giving such authority to a
majority of such officers or other persons, unless it is otherwise
declared.
The word "may" shall be construed as being permissive and
discretionary.
A calendar month.
A word importing the singular may extend and be applied to
the plural as well as to the singular number and vice versa.
Includes affirmation in all cases where by law an affirmation
may be substituted for an oath. If any oath or affirmation is required
to be taken, such oath or affirmation shall be taken before and administered
by some officer authorized by the laws of this state 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 courts,
a person may take an oath or affirmation in communication with the
administering officer by telephone or audiovisual means.
Whenever any officer or employee is referred to by title,
such as "County Clerk" or "sheriff," such reference shall be construed
as if followed by the words "of Walworth County."
The word "owner," 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 of a part
of such building or land.
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.
The words "personal property" includes every species of property
except real property.
Next before and next after, respectively.
The word "property" shall include real and personal property.
The words "real property" shall include lands, tenements
and hereditaments.
The word "shall" shall be construed as being mandatory.
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.
The State of Wisconsin.
Words used in the past or present tense include the future
as well as the past and present.
All references to Wisconsin Statutes or Wis. Stats. shall
mean the Wisconsin Statutes for the years 2007—2008 and shall
include future amendments.
[Amended 7-13-2009 by Ord. No. 09-13]
A calendar year.
(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 legal 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 a Sunday or 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 the County, or a 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 a legal holiday.
(d)
Regardless of whether the time limit in any ordinance for the taking
of any proceeding or the doing of an 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 section means any
statewide legal holiday provided in W.S.A., § 895.20. 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 section.
The catchlines of the several sections of this Code printed
in boldface type are intended as mere catchwords to indicate the contents
of the section and shall not be deemed or taken to be titles of such
sections, nor as any part of the section, nor, unless expressly so
provided, shall they be so deemed when any of such sections, including
the catchlines, are amended or reenacted.
(a)
Generally. All references to chapters or sections are to the chapters
and sections of this Code unless otherwise specified.
(b)
Inclusion of penalty. Reference to any section of this Code shall
be understood to refer to and include the penalty section relating
thereto, unless otherwise expressly provided.
The references and editor's notes appearing after sections
throughout the Code are not intended to have any legal effect, but
are merely intended to assist the user of the Code.
The history notes appearing in parentheses after sections in
this Code[1] are not intended to have any legal effect but are merely
intended to indicate the source of matter contained in the section.
[1]
Editor’s Note: The histories for each section have been
moved to the beginning of the section, enclosed in brackets, immediately
following the section catchline. Histories for amendments are indicated
where appropriate in the text.
The provisions appearing in this Code, so far as they are the
same as those of the 1992 Code of the City of Lake Geneva, Wisconsin,
and of ordinances existing at the time of adoption of this Code, shall
be considered as a continuation thereof and not as new enactments.
[Code 1992, § 25.05]
All general and permanent ordinances heretofore adopted by the
City council and not included in this Code are hereby repealed, except
all ordinances or parts of ordinances relating to the following subjects
and not conflicting with any of the provisions of this Code:
(1)
Any offense or act committed or done, or any penalty or forfeiture
incurred, or any contract or right established or accruing before
the effective date of this Code;
(2)
Any ordinance promising or guaranteeing the payment of money for
the City or authorizing the issuance of any bonds of the City or any
evidence of the City's indebtedness;
(3)
Any right or franchise granted by the City including, but not limited to, CATV, chapter 22 of the 1992 Code;
(4)
Any ordinance dedicating, naming, establishing, locating, opening,
paving, widening, vacating, etc., any street or public way in the
City;
(5)
Any ordinance establishing or prescribing grades for streets in the
City;
(6)
Any ordinance dedicating or accepting any plat or subdivision in
the City;
(7)
Any ordinance regarding zoning, wetland-shoreland and the zoning
map or rezoning property;
(8)
Any ordinance regarding expense accounts including, but not limited
to, Ord. No. 94-4;
(9)
Any ordinance calling elections or prescribing the manner of conducting
the election in accordance with state law;
(10)
Any ordinance prescribing any fee or payment of money to the City;
(11)
Any ordinance levying or imposing taxes not included in this Code;
(12)
The vacation, extension and discontinuance of public streets and
alleys;
(13)
Any ordinance fixing salaries of public officials and employees;
(14)
Any ordinance annexing territory or excluding territory or any ordinance
extending the boundaries of the City;
(15)
Any ordinance regarding the naming and changing of names of public
grounds and parks;
(16)
Any ordinance regarding compliance with IRS reporting requirements
including, but not limited to, Ord. No. 94-4, § I;
(17)
Section 9.40 of the 1992 Code;
(18)
Any ordinance regarding the purchase of land;
(19)
Any ordinance regarding the letting of contracts without bids;
(20)
Any appropriation ordinance;
(21)
Any ordinance which is temporary although general in effect; and
(22)
Any ordinance which is special although permanent in effect.
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All such ordinances shall remain in full force and effect and
are on file in the City Clerk's office.
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[Code 1992, § 25.06]
The repeal or amendment of any section or provision of this
Code or of any other ordinance or resolution of the council shall
not:
(1)
By implication be deemed to revive any ordinance not in force or
existing at the time such repeal or amendment takes effect.
(2)
Affect any vested right, privilege, obligation or liability acquired,
accrued or incurred under any enactment so repealed or amended, unless
the privilege of repealing such obligation or privilege has been reserved
by the City.
(3)
Affect any offense committed, or penalty or forfeiture incurred,
previous to the time when any ordinance is repealed or amended; except
when any forfeiture or penalty has been mitigated by the provisions
of any ordinance, such provisions shall apply to and control any judgment
to be pronounced after such ordinance takes effect for any offense
committed before that time.
(4)
Affect any prosecution for any offense, or the levy of any penalty
or forfeiture pending at the time when any ordinance aforesaid is
repealed or amended. The right of action shall continue, and the offender
shall be subject to the penalty as provided in such ordinance, and
such prosecution shall proceed, in all respects, as if such ordinance
had not been repealed, except all such proceedings had after the time
this Code takes effect shall be conducted according to the provisions
of this Code.
Nothing in this Code or the ordinance adopting this Code shall
affect any offense or act committed or done or any penalty or forfeiture
incurred or any contract or right established or accruing before the
effective date of this Code.
[Code 1992, § 25.04(1); Ord. No. 04-02; § I, 1-26-2004]
Unless another penalty is expressly provided by this Code for
any particular provision, section or chapter, any person violating
any provision of this Code, or any rule or regulation adopted or issued
in pursuance thereof, or any provision of any code adopted in this
Code by reference shall, upon conviction, be subject to a forfeiture
of not less than $10 and not more than $1,000 and the costs of prosecution,
and/or suspension of the violator's driver's license. In
default of immediate payment of such forfeiture and costs, such person
may be committed to the County jail until such forfeiture and costs
are paid. Every commitment shall limit the duration of such imprisonment
to a definite term not exceeding 90 days.
[Code 1992, § 25.04(4); Ord. No. 04-34, § I, 8-23-2004; Ord. No. 07-04, § 1, 3-26-2007; Ord. No. 07-06, § 1, 6-11-2007]
Violations of ordinances of the City shall be enforced by the
issuance of a municipal citation.
(1)
Information required. The municipal citation shall contain the following
information:
a.
The name and address of the alleged violator.
b.
Factual allegations describing the alleged violations.
c.
The time and place of the offense.
d.
The section of the Code violated.
e.
A designation of the offense in such manner as can readily be 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 that:
1.
A cash deposit based on the schedule established by the City council
as a part of this section may be made which shall be delivered or
mailed to the police department at the City hall prior to the time
of the scheduled court appearance.
2.
If a deposit is made, no appearance in court is necessary unless
he is subsequently summoned.
3.
If a cash deposit is made and the alleged violator does not appear
in court, he will be deemed to have entered a plea of no contest,
or, if the court does not accept the plea of no contest, a summons
will be issued commanding him to appear in court to answer the complaint.
4.
If no cash deposit is made and the alleged violator does not appear
in court at the time specified in the citation, the court may issue
a summons or warrant for the defendant's arrest or consider the
nonappearance to be a plea of no contest and enter judgment accordingly
if service was effected pursuant to W.S.A., § 66.119(3)(e)
or commence an action for collection of the forfeiture, penalty assessment
and jail assessment and any applicable domestic abuse assessment.
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 (1)g of this section
has been read. Such statement shall be sent or brought with the cash
deposit.
i.
Such other information as the City deems necessary.
(2)
Schedule of deposits. The schedule of cash deposits for use with
citations issued under this section shall be as adopted by the City
council from time to time, and such schedule shall be on file in the
office of the chief of police and in the office of the Clerk.
(3)
Form of deposits. Deposits shall be in cash, money order or certified
check to the Lake Geneva Police Department, an officer of which shall
provide a receipt therefor.
(4)
Issuance of citation. Any law enforcement officer may issue citations
authorized under this section. The following City officials and their
designated agents, after clearance with the City Attorney, may issue
citations with respect to those specified sections which are directly
related to their official responsibilities: the Building Inspector,
Assistant Building Inspector, Fire Chief, Fire Inspector, City Clerk
and Treasurer. With respect to boating and launching violations, boat
launch attendants may issue citations.
[Amended 5-29-2012 by Ord. No. 12-08; 11-10-2014 by Ord. No. 14-08]
(5)
Procedure. W.S.A., § 66.119(3), relating to the violator's
options and procedure on default, is adopted and incorporated in this
section by reference.
(6)
Nonexclusivity. This section does not preclude the council from adopting
any other ordinance or providing for the enforcement of any law or
ordinance relating to the same or other matter. The issuance of a
citation under this section shall not preclude the City or any authorized
officer from proceeding under any other ordinance or law or by any
other enforcement method to enforce any ordinance, regulation or order.
[Code 1992, § 25.04(2)]
Unless otherwise provided, each act of violation and every day
upon which a violation occurs or continues constitutes a separate
offense.
(a)
Any additions or amendments to this Code, when passed in such form
as to indicate the intention of the City council to make such additions
or amendments a part of this Code, are incorporated in this Code,
so that a reference to this Code shall be understood as including
such additions or amendments. All ordinances passed subsequent to
the adoption of this Code which amend, repeal or in any way affect
this Code may be numbered in accordance with the numbering system
of this Code and printed for inclusion therein. When subsequent ordinances
repeal any chapter, section or subsection or any portion thereof,
such repealed portions may be excluded from this Code by the omission
thereof from reprinted pages. The subsequent ordinances as numbered
and printed, or omitted in the case of repeal, shall be prima facie
evidence of such subsequent ordinances until such time that this Code
and subsequent ordinances numbered or omitted are readopted as a new
code of ordinances by the City council.
(b)
Amendments to any of the provisions of this Code shall be made by
amending such provisions by specific reference to the section number
of this Code being amended in the following language: "That section
_____ of the Municipal Code of the City of Lake Geneva, Wisconsin,
is hereby amended to read as follows:. . . ." The new provisions shall
then be set out in full as desired.
(c)
If a new section not then existing in the Code is to be added, the
following language shall be used: "That the Municipal Code of the
City of Lake Geneva, Wisconsin, is hereby amended by adding a section
to be numbered _____, which section reads as follows:. . . ." The
new section shall then be set out in full as desired.
(d)
All sections, articles, chapters or provisions of this Code desired
to be repealed must be specifically repealed by section, article or
chapter number, as the case may be.
[Code 1992, § 25.02]
(a)
Conflict of provisions. 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.
(b)
Severability of code provisions. If any section, subsection, sentence,
clause or phrase of this Code is for any reason held to be invalid
or unconstitutional by reason of any decision of any court of competent
jurisdiction, such decision shall not affect the validity of any other
section, subsection, sentence, clause or phrase or portion thereof.
The council hereby declares that it would have passed this Code and
each section, subsection, sentence, clause, phrase or portion thereof
irrespective of the fact that any one or more section, subsection,
sentence, clause, phrase or portion may be declared invalid or unconstitutional.
The failure of any officer or employee of the City to perform
any official duty imposed by this Code shall not subject such officer
or employee to the penalty imposed for violation of this Code, unless
a penalty is specifically provided for such act or omission.
[Added 9-26-2011 by Ord. No. 11-26]
(a)
All original
fines, fees, penalties and unpaid bills to the City shall have late
fees (as established by the City Council by resolution from time to
time) added by the City when in delinquency and being collected for
payment. The original debt and late fees shall be known as the "total
delinquent debt."
(b)
Finance
charges (interest), at a rate as allowed by state statute or as set
by the City Council by resolution from time to time, will be added
to the total delinquent debt as allowed by law.
(c)
The total
delinquent debt minus interest charges referred to an outside collection
agency shall be increased by an amount of the collection fee imposed
by said collection agency (as established by contract with the City
from time to time) for the additional effort to collect the referred
debt. Finance charges assessed as set forth above are in addition
to the collection fee imposed by a collection agency on a referred
debt.
