[HISTORY: Adopted by the City Council of the City of South
Milwaukee. Amendments noted where applicable.]
[1]
Editor's Note: Former § 25.01, Definition of
terms, was repealed 12-5-1995 by Ord. No. 1626.
Any person who shall violate any of the provisions of the South
Milwaukee Code, shall, in cases where no other penalty is provided,
upon conviction, pay a fine of not less than $1 nor more than $200
and the cost of prosecution for each offense, and in default of payment
of such fine, shall be confined in the House of Correction for a period
not to exceed 30 days.
All ordinances heretofore adopted by the Common Council of the
City of South Milwaukee are hereby repealed except all ordinances
or parts of ordinances relating to the following subjects and not
conflicting with any of the provisions of this code, to-wit:
A.
The issuance of corporate bonds of the City of South Milwaukee of
whatever name or description;
B.
The establishment of grades, curb lines, and widths of sidewalks
in the public streets and alleys;
C.
The vacation, extension and discontinuance of public streets and
alleys;
D.
The fixing of salaries of public officials and employees;
E.
The granting of franchises to railroads, public utilities and other
companies;
F.
The lighting of streets;
G.
The annexation of territory of the City of South Milwaukee;
H.
The naming and changing of names of streets, alleys, public grounds
and parks;
I.
The letting of contracts without bids;
J.
The release and discharge of claims against the United States Government.
No ordinance or part of any ordinance heretofore repealed shall
be considered as a re-ordained or re-enacted by virtue of the provisions
of this Chapter of the South Milwaukee Code. The repeal of a curative
or validating law does not impair or affect any cure or validation
already effected thereby.
The provisions of this South Milwaukee Code, so far as they
are the same in substance as those of heretofore existing ordinances,
shall be construed as a continuation of such ordinances and not as
new enactments, and references in laws not repealed to provisions
of ordinances incorporated into this South Milwaukee Code shall be
construed as applying to the same provisions so incorporated.
No offense committed and no penalty or forfeiture incurred,
previous to the time when any of the ordinances aforesaid shall be
repealed, shall be affected by such repeal, except that when any forfeiture
or penalty shall have been mitigated by the provisions of these general
ordinances, such provision shall apply to and control any judgment
to be pronounced, after these general ordinances shall take effect,
for any offense committed before that time.
No prosecution for any offense, or the levy of any penalty or
forfeiture, pending at the time when any of the ordinances aforesaid
shall be repealed, shall be affected by such repeal, but the right
of action shall continue and the offender shall be subject to the
penalty as provided in such ordinances, and such prosecution shall
proceed, in all respects, as if such ordinance or ordinances had not
been repealed, except that all such proceedings had after the time
these general ordinances shall take effect, shall be conducted according
to the provisions of these general ordinances, and shall be, in all
respects, subject to said provisions.
[Amended 10-29-1953 by Ord. No. 499]
It is the intention of the Common Council of the City of South
Milwaukee that each section, subsection, paragraph, sentence, clause,
and provision of this Code is severable and if any provisions shall
be held unconstitutional or invalid for any other reason, such decision
shall not affect the remainder of the Code or any part thereof other
than those affected by such decision.
These ordinances shall be known as the "South Milwaukee Code,"
and shall take effect and be in force from and after their passage
and publication in accordance with the provisions of § 62.11(4)(c),
Wis. Stats.
