[HISTORY: Adopted by the Bellevue Board as indicated in article
histories. Amendments noted where applicable.]
[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:
A.
Wisconsin
Statutes. All references to "Wisconsin Statutes" or "Wis. Stats."
shall mean the Wisconsin Statutes presently in effect.
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 provision 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.
Shall
and may. "Shall" is mandatory; "may" is permissive.
E.
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.
A.
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]
(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 $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.
(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 $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.
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.
Violations of nontraffic ordinances of the Village 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 violation.
(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:
[1]
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]
[2]
That if a deposit is made, no appearance in court is necessary
unless he is subsequently summoned.
[3]
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.
[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.
[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.
[Added 7-9-2014 by Ord. No. O-2014-12]
(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(1)(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.
(2)
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.
(3)
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]
(4)
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]
(5)
Procedure. Section 66.0113(3), Wis. Stats., relating to violator's
options and procedure on default, is adopted and incorporated herein
by reference.
(6)
Nonexclusivity.
(a)
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.
(b)
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.
E.
Court
authority to impose alternate juvenile dispositions and sanctions.
(1)
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.
(2)
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.
(3)
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.
(4)
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:
A.
Any ordinance adopted subsequent to March 26, 2014.
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 ordinances adopting or amending a Zoning Ordinance or Zoning
Map or otherwise rezoning property.
O.
Any charter ordinances.
P.
Any ordinance or portion of an ordinance establishing or amending
a specific fee amount for any license, permit or service obtained
from the Village.
Q.
Any ordinance or portion of an ordinance establishing or amending
a deposit or bond schedule.
R.
Any ordinance or portion of an ordinance establishing or amending
rates or charges for water or sewer service.
S.
The Cable Television Ordinance adopted June 25, 1997.
A.
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.
B.
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 § 1-18B, 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.
