[HISTORY: Adopted by the Bellevue Board as indicated in article histories. Amendments noted where applicable.]
Article I Construction and Penalties
Article II Adoption of Code
[Adopted 4-15-1998 as §§ 25.01, 25.02(1), 25.03 and 25.04 of the 1998 Code]
In the construction of this General Code, 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." shall mean the Wisconsin Statutes presently in effect.
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 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.
Shall and may. "Shall" is mandatory; "may" is permissive.
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-Treasurer 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-Treasurer's office hours, subject to such orders or regulations which the Clerk-Treasurer may prescribe for their preservation.
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:
[Amended 8-22-2012 by Ord. No. O-2012-23]
First offense. Any person who shall violate any provision of this Code shall, upon conviction thereof, forfeit not less than $5 nor more than $2,500, 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.
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 $5 nor more than $2,500, 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.
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.
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.
Citation. Violations of nontraffic ordinances of the Village shall be enforced by the issuance of a municipal citation:
Information required. The municipal citation shall contain the following information:
The name and address of the alleged violator.
Factual allegations describing the alleged violation.
The time and place of the offense.
The section of the Code violated.
A designation of the offense in such manner as can readily be understood by a person making a reasonable effort to do so.
The time at which the alleged violator may appear in court.
A statement which in essence informs the alleged violator:
That a cash deposit based on the schedule established by the Village Board as a part of this section may be made which shall be delivered or mailed to the Clerk of the Municipal Court prior to the time of the scheduled court appearance.
[Amended 7-9-2014 by Ord. No. O-2014-12]
That if a deposit is made, no appearance in court is necessary unless he is subsequently summoned.
That 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.
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.
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.
[Added 7-9-2014 by Ord. No. O-2014-12]
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(1)(g) above has been read. Such statement shall be sent or brought with the cash deposit.
Such other information as the Village deems necessary.
Schedule of deposits. The schedule of cash deposits for use with citations issued under this section shall be as adopted by the Village Board from time to time, and such schedule shall be on file in the office of the Clerk-Treasurer.
Form of deposits. Deposits shall be in cash, money order or certified check to the Village Clerk-Treasurer or to the Clerk of the Municipal Court, who shall provide a receipt therefor.
[Amended 7-9-2014 by Ord. No. O-2014-12]
Issuance of citation. Any law enforcement officer or any official, employee, or other officer of the Village of Bellevue who has been so authorized to do so may issue citations under this section.
[Amended 7-9-2014 by Ord. No. O-2014-12]
Procedure. Section 66.0113(3), Wis. Stats., relating to violator's options and procedure on default, is adopted and incorporated herein by reference.
Other ordinance. This section does not preclude the Board from adopting any other ordinance or providing for the enforcement of any law or ordinance relating to the same or other matter.
Other remedies. The issuance of a citation hereunder shall not preclude the Village 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.
Court authority to impose alternate juvenile dispositions and sanctions.
For a juvenile adjudged to have violated an ordinance, a court is authorized to impose any of the dispositions listed in §§ 938.343 and 938.344, Wis. Stats., in accordance with the provision of those statutes.
For a juvenile adjudged to have violated an ordinance who violates a condition of a dispositional order of the court under § 938.343 or 938.344, Wis. Stats., the Municipal Court is authorized to impose any of the sanctions listed in § 938.355(6)(d), Wis. Stats., in accordance with the provision of those statutes.
For a juvenile adjudged to have violated an ordinance enacted under § 118.163(2), Wis. Stats., truancy and school dropout ordinance violations, the Municipal Court is authorized to impose any of the dispositions listed in § 938.342, Wis. Stats., in accordance with the provisions of those statutes.
This subsection is enacted under the authority of § 938.17(2)(cm), Wis. Stats.
[Adopted 7-9-2014 by Ord. No. O-2014-12]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Bellevue of a general and permanent nature adopted by the Village Board of the Village of Bellevue, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 450, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Bellevue," 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 Bellevue" 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 Bellevue, 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 Bellevue 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 Bellevue 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 § 1-16 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to March 26, 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 Village'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 a Zoning Ordinance or Zoning Map or otherwise rezoning property.
Any charter ordinances.
Any ordinance or portion of an ordinance establishing or amending a specific fee amount for any license, permit or service obtained from the Village.
Any ordinance or portion of an ordinance establishing or amending a deposit or bond schedule.
Any ordinance or portion of an ordinance establishing or amending rates or charges for water or sewer service.
The Cable Television Ordinance adopted June 25, 1997.
In compiling and preparing the ordinances for publication as the Code of the Village of Bellevue, 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.
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 § 1-18B, the chapters, parts and sections that 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) 7-9-2014 by Ord. No. O-2014-12]. 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.