City of Fox Lake, WI General Provisions

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 $25 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 shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 90 days.

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 $50 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 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 City from maintaining any appropriate action to prevent or remove a violation of any provision of this Code.

Other remedies.

The City shall have any and all other remedies afforded by the Wisconsin Statutes in addition to the forfeitures and costs of prosecution above.

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.

In addition to any forfeiture imposed under this section or any other penalty section of the Code of Ordinances of the City of Fox Lake, 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 Treasurer for deposit in the general fund.

[Amended 12-21-2016]

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.

§ 1-5 Violations by juveniles.

Disposition of children 12 through 17 years of age adjudged to have violated an ordinance.

[Amended 12-21-2016]

If the court finds a child 12 through 17 years of age violated an ordinance adopted by this Code, other than an ordinance enacted under § 118.163, Wis. Stats., 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.

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.

Juvenile disposition alternatives for alcohol/drug offenses.

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 minor in violation of City ordinances, the court may order any of the following:

A forfeiture.

Suspension or revocation of the juvenile's driver's license.

Participation in a supervised work program.

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:

Submit to an Alcohol or Other Drug Abuse (AODA) assessment.

Participate in an outpatient AODA treatment program if an AODA assessment recommends treatment.

Participate in an AODA education program.

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:

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.

The juvenile admits or pleads no contest to the allegations that the juvenile committed the violation specified in Subsection B(1) in open court with the juvenile's parent, guardian or legal custodian present.

[Amended 12-21-2016]

The juvenile has not successfully completed participation in a teen court program during the two years before the date of the alleged violation.

(4)

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.

(5)

If payment is not attainable as described in Subsection B(4) above, the court may order the municipality to pay for any AODA services so ordered.

Dispositional alternatives for other ordinance violations.

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:

Counseling for the juvenile and/or the parent or guardian.

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.

Suspend a fishing, hunting or driving license from 90 days to two years for failure to pay the forfeiture.

[Amended 12-21-2016]

(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 program or an AODA education program.

(f)

Order participation in a pupil assistance program provided by the juvenile's school, provided that the juvenile's school agrees.

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:

The juvenile admits or pleads no contest to the allegations that the juvenile violated the ordinance in open court with the juvenile's parent, guardian or legal custodian present.

[Amended 12-21-2016]

The juvenile has not successfully completed participation in a teen court program during the two years before the date of the alleged violation.

Violation of juvenile dispositional orders. The court may impose the following sanctions on a juvenile who has violated a City ordinance and who has violated a condition of his or her dispositional order:

Suspend the juvenile's operating privilege for a period not more than 90 days.

Detain the juvenile in his or her home or current residence for not more than 30 days without electronic monitoring.

Order not more than 25 hours of community service work in a supervised work program.

§ 1-6 Documents incorporated by reference.

[Amended 12-21-2016]

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 shall maintain in his office a copy of any such material as adopted and as amended from time to time. Materials on file at the City Clerk's office shall be considered public records open to reasonable examination by any person during the office hours of the City Clerk subject to such restrictions on examination as the City Clerk imposes for the preservation of the material.

Article II Adoption of Code

[Adopted 12-21-2016]

§ 1-7 Adoption of Code.

Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of Fox Lake of a general and permanent nature adopted by the Common Council of the City of Fox Lake, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 520, are hereby approved, adopted, ordained and enacted as the "Code of the City of Fox Lake," hereinafter referred to as the "Code."

§ 1-8 Code supersedes prior ordinances.

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.

§ 1-9 Continuation of existing provisions.

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.

§ 1-10 Copy of Code on file.

A copy of the Code has been filed in the office of the City Clerk 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 City Clerk, and such certified copy shall remain on file in the office of said City Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-11 Amendments to Code.

Any and all additions, deletions, amendments or supplements to the Code, when adopted in such form as to indicate the intention of the Common Council to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the City of Fox Lake" 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.

§ 1-12 Publication; filing.

The Clerk of the City of Fox Lake, 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 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.

§ 1-13 Code to be kept up-to-date.

It shall be the duty of the City Clerk, or someone authorized and directed by the Clerk, to keep up-to-date the certified copy of 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 included as supplements to said Code.

§ 1-14 Sale of Code.

Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk or an authorized agent of the Clerk upon the payment of a fee to be set by the Common Council. The Clerk may also arrange for procedures for the periodic supplementation of the Code.

§ 1-15 Altering or tampering with Code; penalties for violation.

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 City of Fox Lake 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.

§ 1-16 Severability of Code provisions.

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.

§ 1-17 Severability of ordinance provisions.

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.

§ 1-18 Repealer.

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 City of Fox Lake which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect. In addition, the following portions of the 1997 Code of Ordinance are specifically repealed: Title 9, Chapter 3, Cable Television.

§ 1-19 Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-18 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

Any ordinance adopted subsequent to September 7, 2016.

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 City'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 the Zoning Map or otherwise rezoning property.

Any charter ordinances.

Any ordinance or portion of an ordinance establishing or amending a fee or fees.

Any ordinance or portion of an ordinance establishing or amending a deposit or bond schedule.

Any ordinance or portion of an ordinance establishing sewer or water rates or charges.

§ 1-20 Changes in previously adopted ordinances; new ordinances.

In compiling and preparing the ordinances for publication as the Code of the City of Fox Lake, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections C and D 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 Common Council 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 adoption of the Code includes the adoption of the following new ordinances: Chapter 72, Fire Protection; Chapter 506, Shoreland-Wetland Zoning.

The following changes are made throughout the Code:

References to specific chapters and sections of the Wisconsin Statutes and Wisconsin Administrative Code are amended to reflect the numbering of the statutes and Administrative Code as of the publication of this Code.

References to the "Department of Industry, Labor and Human Relations" and "Department of Commerce" are amended to "Department of Safety and Professional Services."