[HISTORY: Adopted by the Common Council of the City of Brodhead
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 1, Ch. 1, §§ 1-1-2, 1-1-3,
1-1-5, 1-1-7 and 1-1-8, of the 1997 Code]
The following rules or meanings shall be applied in the construction
and interpretation of ordinances codified in this Code of Ordinances,
unless such application would be clearly inconsistent with the plain
meaning or intent of the ordinances:
A.
Acts
by agents. When an ordinance requires an act be done by a person which
may be legally performed by an authorized agent of that principal
person, the requirement shall be construed to include all acts performed
by such agents.
C.
Code
and Code of Ordinances. The words "Code," "Municipal Code" and "Code
of Ordinances," when used in any section of this Code, shall refer
to this Code of Ordinances of the City of Brodhead, unless the context
of the section clearly indicates otherwise.
D.
Computation
of time. In computing any period of time prescribed or allowed by
these ordinances, the day of the act or event from which the period
of time begins to run shall not be included, but the last day of the
period shall be included, unless it is a Saturday, a Sunday or a legal
holiday. If the period of time prescribed or allowed is less than
seven days, Saturdays, Sundays and legal holidays shall be excluded
in the computation. As used in this section, "legal holiday" means
any statewide legal holiday specified by state law and any other City
holiday designated by the Common Council.
E.
Fine.
The term "fine" shall be the equivalent of the word "forfeiture,"
and vice versa.
F.
Gender.
Every word in these ordinances referring to the masculine gender shall
also be construed to apply to females, and vice versa; the masculine
gender is used solely in the interest of brevity.
G.
General
rule. All words and phrases shall be construed according to their
plain meaning in common usage. However, words or phrases with a technical
or special meaning shall be understood and construed according to
that technical or special meaning if such is the intent of the ordinances.
H.
Joint
authority. All words purporting to give a joint authority to three
or more City officers or employees shall be construed as giving such
authority to a majority of such officers or other persons.
I.
Person.
The word "person" shall mean any of the following entities: natural
persons, corporations, partnerships, associations, bodies politic
or any other entity of any kind which is capable of being used.
J.
Repeal.
When any ordinance having the effect of repealing a prior ordinance
is itself repealed, such repeal shall not be construed to revive the
prior ordinance or any part thereof, unless expressly so provided.
K.
Singular
and plural. Every word in these ordinances referring to the singular
number only shall also be construed to apply to several persons or
things, and every word in these ordinances referred to a plural number
shall also be construed to apply to one person or thing.
L.
Tense.
The use of any verb in the present tense shall not preclude the interpretation
of the verb in the future tense where appropriate.
M.
Wisconsin
Statutes. The term "Wisconsin Statutes" and its abbreviation as "Wis.
Stats." shall mean, in these ordinances, the most current version
of the Wisconsin Statutes, as amended. Any future amendments, revisions
or modifications of the statutes are intended to be made a part of
this Code of Ordinances.
N.
Wisconsin
Administrative Code. The term "Wisconsin Administrative Code" and
its abbreviation as "Wis. Adm. Code" shall mean the Wisconsin Administrative
Code as of the adoption of this Code, as amended or renumbered from
time to time.
A.
If
the provisions of different chapters conflict with each other, the
provisions of each individual chapter shall control all issues arising
out of the events and persons intended to be governed by that chapter.
B.
If
the provisions of different sections of the same chapter conflict
with each other, the provision which is more specific in its application
to the events or persons raising the conflict shall control over the
more general provision.
A.
Code.
The Code of Ordinances, City of Brodhead, Wisconsin, shall take effect
from and after passage and publication as provided by state law.
B.
Subsequent
ordinances. All ordinances passed by the Common Council subsequent
to the adoption of the Code of Ordinances, except when otherwise specifically
provided, shall take effect from and after their publication.
A.
General
penalty. Except where a penalty is provided elsewhere in this Code,
any person over the age of 18 years 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:[1]
(1)
First offense. Any person over the age of 18 years who shall violate
any provision of this Code shall, upon conviction thereof, forfeit
not less than $150 nor more than $1,500, together with all costs,
surcharges, penalty assessments, and any other taxable item of cost
as provided for by the laws of the State of Wisconsin as applicable
to forfeiture actions that are in effect at the time of the offense,
and any other taxable costs as imposed by any other provision of this
Code, 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 and subsequent offenses. Any person over the age of 18 years
who is 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 or part of an ordinance within three years from the
date of the last offense to the date of the current offense shall,
upon conviction thereof, forfeit not less than $250 nor more than
$2,500 for each such offense, together with all costs, surcharges,
penalty assessments, and any other taxable item of cost as provided
for by the laws of the State of Wisconsin as applicable to forfeiture
actions that are in effect at the time of the offense, and any other
taxable costs as imposed by any other provision of this Code, and,
in default of payment of such forfeiture and costs, shall be imprisoned
in the county jail until such forfeiture and costs of prosecution
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 City from maintaining any appropriate action to prevent or remove
a violation of any provision of this Code.
C.
Other
remedies.
(1)
The City shall have any and all other remedies afforded by the Wisconsin
Statutes in addition to the forfeitures and costs of prosecution above.
(2)
Execution or assessment against defendant's property. Whenever
any person fails to pay a 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 said forfeiture and costs.
In the alternative, upon authorization of the court imposing any such
forfeiture and costs, such sum as remains unpaid shall be assessed
against any real property owned by the defendant within the City and
shall be added to the City's portion of the property tax liability.
(3)
In addition to any forfeiture imposed under this section or any other
penalty section of the Code of Ordinances of the City of Brodhead,
the City may institute an action or proceeding to enjoin any violation,
and such violation or any nonpayment of any forfeiture and costs shall
constitute the basis for revocation or denial of any and all licenses
and permits wherein the City is the issuing authority.
(4)
Upon stipulation of the parties, and subject to the approval of the
court upon a finding that such stipulation is in the public interest
and serves the interests of justice, the court may impose terms not
to exceed $250 against a defendant upon dismissal of the action. The
Clerk of Municipal Court shall, within seven days of receipt thereof,
transfer such sum to the City Clerk-Treasurer for deposit in the general
fund.
D.
Time
to pay. Any forfeiture and costs imposed as a penalty pursuant to
this section or any penalty provisions of this Code shall be payable
forthwith if so ordered by the court; however, the court may, in its
discretion, allow reasonable time for payment, or reasonable payment
plans, considering the defendant's ability to pay, and the court
shall allow any time for payment or payment plan as provided for by
any state law applicable at the time of imposition of the forfeiture.
E.
Disposition
of children 12 through 16 years of age adjudged to have violated an
ordinance.
(1)
If the court finds a child 12 through 16 years of age violated an ordinance adopted by this Code, other than an ordinance enacted under § 118.163, Wis. Stats., or § 290-24A or B, 290-26B or 290-27 of the Code of the City of Brodhead, it shall enter an order making one or more of the dispositional orders permitted under § 938.343(1), (2), (4), (5), (6), (7) or (8), Wis. Stats.
(2)
Upon stipulation of the parties and subject to the approval of the
court upon a finding that such stipulation is in the public interest
and serves the interests of justice, the court may impose terms not
to exceed $100 against the defendant upon dismissal of the action.
The Clerk of Municipal Court shall, within seven days of receipt thereof,
transfer such sum to the City Treasurer for deposit in the general
fund.
F.
Court
authority to impose alternative 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 provisions of those
statutes and this section.
(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 provisions of those statutes.
(3)
This subsection is enacted under the authority of § 938.17(2)(cm),
Wis. Stats.
G.
Juvenile
disposition alternatives for alcohol/drug offenses.
(1)
Penalties.
(a)
If a juvenile is found to have engaged in underage drinking of alcohol,
drinking of alcohol on school premises or at a school-sponsored activity,
falsifying proof of age, possessing drug paraphernalia, or delivery
of drug paraphernalia to a juvenile in violation of City ordinances,
the Court may order any of the following:
(b)
After ordering any of the above penalties, the Court may, with the
juvenile's agreement, enter an additional order staying the execution
of the penalty order and suspending or modifying the penalty imposed
and may require the juvenile to do any of the following:
(2)
In addition to the dispositions listed above, the Court may order
a juvenile to participate in a teen court program if the following
conditions are satisfied:
(a)
The chief judge of the judicial administrative district has approved
a teen court program established in the juvenile's county of
residence and the judge determines that participation in the court
program will likely benefit the juvenile and the community;
(c)
The juvenile has not successfully completed participation in a teen
court program during the two years before the date of the alleged
violation.
(3)
If the Court finds that a juvenile's parent or guardian is unable
to provide or refuses to provide court-ordered AODA services for the
juvenile through his or her health insurance or other third-party
payments, the Court may order the parent or health insurer to pay.
H.
Dispositional
alternatives for other ordinance violations.
(1)
The Court
may impose one or more of the following dispositional alternatives
against a juvenile found to have violated a municipal ordinance, for
which no penalty is otherwise provided, as follows:
(a)
Counseling for the juvenile and/or the parent or guardian.
(b)
A forfeiture not to exceed the maximum forfeiture that may be imposed
on an adult for committing the same violation. If the forfeiture is
for a violation that is only applicable to a juvenile, the maximum
forfeiture amount is $50, plus costs.
(d)
Order the juvenile to participate in a supervised work program or
other community service work.
(e)
Order participation in an AODA assessment, an outpatient AODA treatment
or an AODA education program.
(f)
Order participation in a pupil assistance program provided by the
juvenile's school, provided the juvenile's school agrees.
(2)
In addition to the dispositions listed above, the Court may order
a juvenile to participate in a teen court program if the following
conditions are satisfied:
(a)
The chief judge of the judicial administrative district has approved
a teen court program established in the juvenile's county of
residence and the judge determines that participation in the court
program will likely benefit the juvenile and the community.
(b)
The juvenile admits or pleads no contest to the allegations that
the juvenile was truant in open court with the juvenile's parent,
guardian or legal custodian present.
I.
Parental liability for forfeitures. If the Court has adjudged a juvenile to have violated an ordinance and has ordered a forfeiture, other than for a violation of Chapter 432, Vehicles and Traffic, of the Code of the City of Brodhead, all or part of the forfeiture, plus costs, may be assessed against the juvenile, parent or guardian of the juvenile, or both.
[Amended 2-21-2001]
Whenever any standard code, rule, regulation, statute 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 City
Clerk-Treasurer shall maintain in his/her office a copy of any such
material as adopted and as amended from time to time. Materials on
file at the City Clerk-Treasurer's office shall be considered
public records open to reasonable examination by any person during
the office hours of the City Clerk-Treasurer, subject to such restrictions
on examination as the City Clerk-Treasurer imposes for the preservation
of the material.
[An ordinance adopting the Code of the City of Brodhead
and making certain substantive changes to existing ordinances of the
City was adopted by the Common Council 3-17-2015.]
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