[HISTORY: Adopted by the Common Council of the City of Monona
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Citations — See Ch. 29.
[Adopted as Title 1, Ch. 1, §§ 1-1-2, 1-1-3,
1-1-5, 1-1-7 and 1-1-8, of the 1994 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.
B.
City.
"City" shall refer to the City of Monona, Dane County, Wisconsin.
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 Monona 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 sued.
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 referring 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 Wisconsin Statutes as
of the adoption of this Code, as amended or renumbered from time to
time.
[Amended 10-16-2017 by Ord. No. 9-17-689]
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 Monona, 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.
[Amended 7-20-2009 by Ord. No. 07-09-596]
A.
General
penalty. Except where a penalty is provided elsewhere in this Code,
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 10-16-2017 by Ord. No. 9-17-689]
(1)
First offense penalty. Any person who shall violate any provision
of this Code shall, upon conviction thereof, forfeit not less than
$50 nor more than $1,000, 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 and subsequent offenses penalty. Any person found guilty of
violating any ordinance or part of an ordinance of this Code who shall
previously have been convicted of a violation of the same ordinance
within one year shall, upon conviction thereof, forfeit not less than
$100 nor more than $2,000 for each such offense, together with 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
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 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.
D.
Forfeiture
and deposit schedule.
(1)
Any person who shall violate any of the ordinances listed in the
Fee, Forfeiture and Deposit Schedule approved by the Common Council
shall pay the forfeiture listed, in addition to costs and surcharges.
The deposit amount for the ordinances listed in the Fee, Forfeiture
and Deposit Schedule shall be the same as the forfeiture amount.
[Amended 10-16-2017 by Ord. No. 9-17-689]
(2)
Traffic citations and Chapter 125 violations. The deposit amounts
set forth in the Revised Uniform State Traffic Deposit Schedule and
adopted by the Wisconsin Judicial Conference, as may be amended, shall
apply for traffic violations governed by § 345.27, Wis.
Stats., boating violations governed by § 30.77, Wis. Stats.,
and alcohol violations governed by Chapter 125, Wis. Stats.
(3)
Unless otherwise provided for in this section or elsewhere in the
Code of Ordinances, if a forfeiture for a violation is set with no
penalty range then the deposit amount for that violation shall be
the amount of the forfeiture, in addition to costs and surcharges.
For offenses with a penalty range and a maximum forfeiture of $100
or greater, then the deposit amount shall be $100, in addition to
costs and surcharges. For those violations that have a penalty range
and a maximum forfeiture not exceeding $100, then the deposit amount
shall be the maximum forfeiture, in addition to costs and surcharges.
E.
Synthetic
chemical cannabinoid prohibited.
[Added 6-20-2016 by Ord.
No. 6-16-679]
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 or her 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.
[Adopted 10-16-2017 by Ord. No. 9-17-689]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of Monona of a general and permanent nature adopted by the Common Council of the City of Monona, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 480, are hereby approved, adopted, ordained and enacted as the "Code of the City of Monona," 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 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.
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 Monona" 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 of the City of Monona, 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.
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.
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.
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 Monona 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.
A.
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 Monona
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 § 1-17 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 June 19, 2017.
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.
Any charter ordinances.
P.
Any ordinance or portion of an ordinance establishing or amending
a fee or fees.
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 sewer or water
rates or charges.
A.
In compiling and preparing the ordinances for publication as the Code of the City of Monona, 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.
C.
Specific fee amounts have been removed and/or reference to the City's Fee Schedule inserted in the following Code sections: §§ 63-11, 128-4F, 159-3A(2), B(2), 159-4, 168-3D, 175-9B(2), 175- 39B(2), 175-55C, 175-66B(2), 191-2, 198-2, 238-1D(2), E(2), F(5), 245-3, 263-5C(l), 272-41 and J, 272-5, 272-6A(2), 272-7A, 272-12A, 272-22B(l), D(1), (3)(d), 296-3G, 312-3D(1), 328-2, 328-3A, 328-4, 328-8C(3)(a)[2] and (e), 395-17, 443-21G, 450-2A, 457-4A, 466-36, 480-68B.
D.
The amendments and/or additions as set forth in Schedule A[1] 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]
Editor's Note: In accordance with § 1-19D, the chapters, articles and sections which were added, amended, adopted or repealed 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, repealed) 10-16-2017 by Ord. No. 9-17-689." 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.
