[HISTORY: Adopted by the Common Council of the City of Lancaster
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-15-2005 by Ord. No. 2005-06 as §§ 31.01,
31.02(1), 31.03, 31.04, 31.08 and 31.09 of the 2005 Code; amended 8-25-2011 by Ord. No.
2011-04]
In the construction of this Municipal 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," "Wis. Stats." or
"Stats." shall mean the Wisconsin Statutes as of the adoption of this
Code, as amended or renumbered from time to time, and shall include
all revisions and amendments thereto.
[Amended 11-17-2014 by Ord. No. 2014-05]
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 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.
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 provision of this Code shall, upon conviction of such violation,
be subject to a penalty, which shall be as follows:
(1)
First offense. Any person who shall violate any provision of this
Code shall, upon conviction thereof, forfeit not less than $25 nor
more than $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 $50 nor more than $500 for each such
offense, 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 City 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 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.[1]
[1]
Editor's Note: Original § 31.04(4), regarding suspension
or revocation of a motor vehicle operator's license, which immediately
followed this section, was repealed 11-17-2014 by Ord. No. 2014-05.
As each ordinance or resolution affecting the Municipal Code
becomes effective, the City Clerk/Treasurer shall forward such ordinance
or resolution to the Revisor, who shall incorporate it into the Municipal
Code. The Revisor shall make no substantive changes to such ordinances
and resolutions but may renumber, rearrange and edit them without
first submitting them to the Common Council, and such rearranging,
renumbering and editing shall not affect the validity of such ordinances
and resolutions or the provisions of this Municipal Code affected
thereby.
A.
An
action to collect a forfeiture for a violation of any ordinance of
the City of Lancaster may be commenced by the issuance of a citation.
B.
A
citation issued pursuant to this section shall be in the form provided
by § 66.0113, Wis. Stats., unless a different form is specifically
prescribed for such violation by these ordinances and/or by statute.
[Adopted 11-17-2014 by Ord. No. 2014-05]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of Lancaster of a general and permanent nature adopted by the Common Council of the City of Lancaster, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 455, are hereby approved, adopted, ordained and enacted as the "Code of the City of Lancaster," 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 Lancaster" 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 Lancaster, 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 Lancaster 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 Lancaster which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect. The following portions of the 2005 Code of Ordinances are specifically repealed: § 11.01, Board of Health, § 12.01, Licenses Required, and Chapter 22, Cable Television.
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:
A.
Any ordinance
adopted subsequent to February 17, 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 City'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 the Zoning Map or otherwise rezoning property.
O.
The establishment
of Aldermanic districts, ward boundaries and election precincts.
P.
Any charter
ordinances.
Q.
Any ordinance
or portion of an ordinance establishing or amending a fee or fees.
R.
Any ordinance
or portion of an ordinance establishing or amending a deposit or bond
schedule.
S.
Any ordinance
or portion of an ordinance establishing sewer, water or electric rates
or charges or providing for construction of sewer and water mains
or other public works.
T.
Budget ordinances.
A.
In compiling and preparing the ordinances for publication as the Code of the City of Lancaster, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection C 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.
C.
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: Schedule A is on file at the office of the
City Clerk/Treasurer.
This ordinance shall take effect upon passage and publication
as required by law.
