[HISTORY: Adopted by the Common Council of the City of Watertown as indicated in article histories. Amendments noted where applicable.]
Citations — See Ch. 88.
Municipal Court — See Ch. 38.
[Adopted as §§ 25.01, 25.02(1), 25.03, 25.04 and 25.11 of the former City Code]
In the construction of this Code of General Ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the ordinance:
Reference to Wisconsin Statutes. All references in this Code to "Wisconsin Statutes" or "Wis. Stats." shall mean the Wisconsin Statutes as of the adoption of this Code and shall include all renumbering, revisions and amendments thereto.
[Amended by Ord. No. 81-27; 10-4-2016 by Ord. No. 16-18]
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 these rules of construction shall not be applied to any provisions which shall contain any express language excluding such construction or when the subject matter or context of such provisions may be repugnant thereto.
Person. The word "person" extends and applies to natural persons, firms, corporations, associations, partnerships or other bodies politic and all entities of any kind capable of being sued unless plainly inapplicable.
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 or her 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. Any person, upon conviction for violating any provision of this Code for which another penalty is not provided, may be required to forfeit not more than $2,000.
[Amended by Ord. No. 71-67; Ord. No. 92-61; Ord. No. 07-01]
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 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 such forfeiture and costs.
Dispositions for juvenile offenders.
[Added by Ord. No. 97-67]
Purpose. Pursuant to § 938.17(2), Wis. Stats., the City of Watertown hereby authorizes the Municipal Court of the City of Watertown to utilize any and all dispositional alternatives authorized by state law in exercising jurisdiction over juveniles for violations of the City of Watertown municipal ordinances.
Pursuant to § 938.17(2)(cm), Wis. Stats., the Municipal Court of the City of Watertown shall have authority to impose the following dispositions and sanctions in every proceeding against juveniles for violations of the City of Watertown municipal ordinances:
Any and all dispositions under § 938.343, Wis. Stats., as amended from time to time, which section is hereby adopted by reference;
Any and all dispositions under § 938.344, Wis. Stats., as amended from time to time, which section is hereby adopted by reference; and
Any and all sanctions under § 938.355(6)(d), Wis. Stats., except § 938.355(6)(d)1, as amended from time to time, which section is hereby adopted by reference.
Municipal Court fees. In a Municipal Court action, except an action for violation of an ordinance in conformity with § 347.48(2m), Wis. Stats. (seat belt violations), the Municipal Judge shall collect a fee of $38 on each separate matter, whether it is on default of appearance, a plea of guilty or of no contest, on issuance of a warrant or summons, or the action is tried as a contested matter. Of each fee received by the Judge under this subsection, the Municipal Clerk/Treasurer shall pay monthly $5 to the Secretary of Administration for deposit in the general fund and shall retain the balance for use of the municipality pursuant to § 814.65(1), Wis. Stats.
[Added by Ord. No. 02-27; amended by Ord. No. 07-01; Ord. No. 13-37; 10-4-2016 by Ord. No. 16-18]
[Added by Ord. No. 97-47A]
The Municipal Court, in addition to ordering any payment authorized by law, may order a defendant to make full or partial restitution to any victim or, if the victim is deceased, to his or her estate, if the Court finds all of the following:
The defendant is guilty of violating 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.
The violation resulted in damage to the property of or physical injury to a person other than the defendant.
Restitution ordered under this section is enforceable in a civil action by the victim named in the order to receive restitution. A court may not order a defendant to pay more than $10,000 in restitution under this section. This ten-thousand-dollar limit does not apply to restitution ordered for violation of § 410-24B or E of this Code.
[Amended 10-4-2016 by Ord. No. 16-18]
If the violation resulted in damage to or loss or destruction of property, the restitution order may require that the defendant do one of the following:
Return the property to the owner or owner's designee.
If return of the property under Subsection C(1) is impossible, impractical or inadequate, pay the owner or owner's designee, subject to the ten-thousand-dollar limit in Subsection B, the reasonable repair or replacement cost or the greater of the following:
If the violation resulted in physical injury, the restitution order may require that the defendant do one or more of the following, subject to the ten-thousand-dollar limit in Subsection B:
Pay an amount equal to the cost of necessary medical and related professional services and devices relating to physical, psychiatric or psychological care and treatment.
Reimburse the injured person for income lost as a result of the violation.
If the injured person's sole employment at the time of the injury was performing the duties of a homemaker, pay an amount sufficient to reimburse the person for any payments made to another to perform those duties from the date of the injury and to ensure that the duties are continued until the person is able to resume performance of the duties.
The restitution order may require that the defendant do one or more of the following, subject to the ten-thousand-dollar limit in Subsection B:
Pay all special damages, but not general damages, including, but without limitation because of enumeration, the money equivalent of loss resulting from property taken, destroyed, broken or otherwise harmed and out-of-pocket losses, such as medical expenses, substantiated by evidence in the record, that could be recovered in a civil action against the defendant for his or her conduct in the commission of the violation.
Pay an amount equal to the income lost and reasonable out-of-pocket expenses incurred by the person against whom the violation was committed as a result of the commencement of the action or of cooperating in the investigation and prosecution of the violation.
If justice so requires, reimburse any insurer, surety or other person who has compensated a victim for a loss otherwise compensable under this section.
If the Court orders that restitution be paid to more than one person, the Court may direct the sequence in which payments are to be made. The Court shall order that all restitution to victims be made before restitution to other persons. If more than one defendant is ordered to make payments to the same person, the Court may apportion liability between the defendants or specify joint and several liability. If the Court specifies that two or more defendants are jointly and severally liable, the Court shall distribute any overpayments so that each defendant, as closely as possible, pays the same proportion of the ordered restitution.
Restitution ordered under this section does not limit or impair the right of a victim to sue and recover damages from the defendant in a civil action. The fact that restitution was required or made is not admissible as evidence in that civil action and has no legal effect on the merits of the civil action. Any restitution made by payment or community service shall be set off against any judgment in favor of the victim in a civil action arising out of the facts or events that were the basis for the restitution. The Court trying that civil action shall hold a separate hearing to determine the validity and amount of any setoff asserted by the defendant.
Determination of amount of restitution; hearing.
The Court, in determining whether to order restitution and the amount thereof, shall consider all of the following:
The amount of loss suffered by any victim as a result of the violation.
The financial resources of the defendant.
The present and future earning ability of the defendant.
The needs and earning ability of the defendant's dependents.
Any other factors which the Court deems appropriate.
If the Court finds that the conditions in Subsection A are met, the Court may hold the restitution hearing at the time of any appearance by the defendant before the Court or may summon the defendant to appear to determine if restitution shall be ordered. The Court shall give the victim an opportunity to present evidence and arguments pertaining to the factor specified in Subsection H(1)(a). The Court shall give the defendant the opportunity to present evidence and arguments on the factors specified in Subsection H(1). The victim has the burden of demonstrating by the preponderance of the evidence the amount of loss sustained as a result of the violation. The defendant has the burden of demonstrating by the preponderance of the evidence the factors specified in Subsection H(1)(b) to (e). When hearing evidence as to the factors specified in Subsection H(1), the Court may waive the rules of practice, procedure, pleading and evidence, except provisions relating to privileged communications and personal transactions or communication with a decedent or mentally ill person.
If the restitution ordered under this section is directed to a minor child, and if the minor child fails to pay restitution as ordered by the Municipal Court or as agreed to in a deferred prosecution agreement, or if it appears likely that the child will not pay restitution as ordered or agreed to, the victim or the victim's insurer shall be eligible to pursue the rights available to him under § 895.035, Wis. Stats.
[Adopted 10-4-2016 by Ord. No. 16-18]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of Watertown of a general and permanent nature adopted by the Common Council of the City of Watertown, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 550, are hereby approved, adopted, ordained and enacted as the "Code of the City of Watertown," 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 City 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 City Clerk/Treasurer, and such certified copy shall remain on file in the office of said City 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 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 Watertown" 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 City of Watertown, 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 City 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.
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 Common Council. 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 City of Watertown 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 City of Watertown which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect. This ordinance specifically repeals Original Section 2.01(3), Municipal Judge.
The adoption of this Code and the repeal of ordinances provided for in § 1-17 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to August 2, 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.
In compiling and preparing the ordinances for publication as the Code of the City of Watertown, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection 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.
Fee amounts have been removed from the following sections: §§ 147-12; 205-5, 205-7B; 216-2A, 216-4D(3), 220-3, 220-18, 224-4; 228-1A, 228-2, 228-10B and C, 228-14A and 228-15; 240-3, 253-6A and B, 253-15B, 253-20A, 253-22B, E, 253-23C(2), 253-49B(3), 266-1, 282-6C, 303-8C, 319-19B, 319-20C, 319-21B, 319-22B, 319-23B, 319-24B, 319-25B, 332-6B(3), 377-24A, 377-25B, C and D, 398-7C(1), 398-15A, 403-9D(3), 403-11, 410-13F(2), 410-45 introductory paragraph and Subsections B(1) and D(2)(e), 419-6B, 419-8NN(2), 419-10F(1); § 424-8C(2)(b), D(1); 428-2A, 446-13D, 457-4C, 457-7B(9) and D, 468-4, 480-4E, 497-7D and J, 508-9J(8)(a) and (b), 508-17C(1) and (2), 512-18, 545-8C, 545-9B, 550-130D, 550-157A(1) and (2).
The following changes are made throughout the Code:
References to specific chapters and sections of the Wisconsin Statutes and Wisconsin Administrative Code are revised to reflect the numbering of the statutes and Administrative Code as of the publication of this Code.
References to the "Department of Health and Social Services" and "Department of Health and Family Services" are amended to read "Department of Health Services."
References to the "Department of Industry, Labor and Human Relations" and "Department of Commerce" are amended to read "Department of Safety and Professional Services."
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 § 1-19D, the chapters, parts and sections which 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) 10-4-2016 by Ord. No. 16-18.” Schedule A, which contains a complete description of all changes, is on file in the City offices.
This ordinance shall take effect upon passage and publication as required by law.