[HISTORY: Adopted by the Mayor and Common Council of the
City of Reedsburg as indicated in article histories. Amendments noted
where applicable.]
[Adopted as Secs. 25.01, 25.03, 25.04 and 25.08 of the former
Municipal Codebook]
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.
A. Wisconsin
statutes. The term "Wisconsin Statutes," wherever used in this Code,
shall mean the Wisconsin Statutes, as amended from time to time.
B. Gender.
Singular and Plural. Every word in this Code and in any ordinance
importing the masculine gender may extend and be applied to females
as well as males, and every word importing 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.
C. 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.
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.
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 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's office hours, subject to such orders or regulations that
the Clerk may prescribe for their preservation.
[Amended 11-8-2010]
A. General penalty. Except as provided in any special section, any person who shall violate any of the provisions of this Code shall, upon conviction of such violation, be subject to a penalty as set forth in Subsection
B.
B. Penalties.
Any person, firm, or corporation who fails to comply with the provisions
of this article shall, upon conviction thereof, forfeit not less than
$50 nor more than $500, plus the costs of compliance and prosecution
for each violation, and, in default of payment of such forfeiture
and costs, shall be imprisoned in the County Jail until payment thereof,
but not exceeding 30 days. Each day a violation exists or continues
shall constitute a separate offense.
C. 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.
D. Execution
against defendant's property. Whenever any person fails to pay any
forfeiture and costs of prosecution upon the order of the 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.
These ordinances shall be enforced by the issuance of a citation
as provided under § 66.0113(1)(b), Wis. Stats., in a form
which is either approved by the Council or otherwise authorized under
state law.
[Adopted 8-26-2019 by Ord. No. 1888-19]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of Reedsburg of a general and permanent nature adopted by the Common Council of the City of Reedsburg, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters
1 through
690, are hereby approved, adopted, ordained and enacted as the "Code of the City of Reedsburg," 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 Reedsburg" 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 Reedsburg, 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-Treasurer, 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 City Clerk-Treasurer 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 Reedsburg 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 §
1-3 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 Reedsburg
which is not in conflict with the provisions of the Code shall be
deemed to remain in full force and effect.
B. Repeal of specific enactments. The Common Council of the of the City
of Reedsburg has determined that the following ordinances are no longer
in effect and hereby specifically repeals the following legislation:
(1) Section 10.06 of the former Municipal Codebook, Dutch Elm Disease
and Elm Bark Beetles Declared Public Nuisance, adopted by Ord. No.
1321-95.
(2) Section 12.14 of the former Municipal Codebook, Garbage and Refuse;
Licensing and Regulation of Collector, adopted June 28, 2004.
(3) Chapter 15, Electrical Code, of the former Municipal Codebook of
the City of Reedsburg, as amended.
(4) Chapter 20, Cable Television, of the former Municipal Codebook of
the City of Reedsburg.
(5) Chapter 32, Fees, of the former Municipal Codebook, as amended.
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 April 22, 2019.
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, including Sec. 12.12 of the former Municipal Codebook,
Natural Gas Franchise.
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, including Chapter 24 of the former Municipal Codebook, Extraterritorial
Zoning.
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 or amending
rates or charges for water or sewer service.
A. In compiling and preparing the ordinances for publication as the
Code of the City of Reedsburg, no changes in the meaning or intent
of such ordinances have been made, except as provided for in this
section. 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.
B. The following changes are made throughout the Code:
(1) 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.
(2) Throughout the Code:
(a)
References to the "Department of Health and Social Services"
and "Department of Health and Family Services" are amended to read
"Department of Health Services."
(b)
References to the "Department of Industry, Labor and Human Relations"
and "Department of Commerce" are amended to read "Department of Safety
and Professional Services."
(c)
References to "City Council" are amended to read "Common Council."
(d)
References to "City Clerk" or City Treasurer" are amended to
read "City Clerk-Treasurer."
(e)
References to "Board of Public Works" are amended to "Public
Works Committee."
(f)
References to "Street Superintendent" are amended to "Public
Works Director."
(g)
References to "Board of Adjustment" or "Board of Appeals" are
amended to "Zoning Board of Appeals."
(h)
References to "Planning Commission" are amended to "Plan Commission."
(i)
References to "alder" or "alderman" or "aldermen" are amended
to "alderperson."
(j)
References to "policeman" or "policemen" are amended to "police
officer" or "police officers."
(k)
References to "fireman" or "firemen" are amended to "firefighter"
or "firefighters."
(l)
Fee amounts have been removed from and replaced with wording that states fees are "as set from time to time by Common Council" in the following sections: §§
176-9A and
B,
185-20A(6) and
E,
192-4,
192-7C(1),
199-3C,
199-12, 199-16,
199-18,
199-21,
210-5A(9) and
(11),
210-7A(1),
B(1) and
C(1),
217-2C,
224-2B,
231-4,
242-18,
349-2,
349-3A,
349-3B,
349-3C,
349-7G,
366-4,
390-3B,
478-7,
478-10C,
485-3B,
548-4,
548-11A,
577-4C,
690-46G(12).
(3) Throughout Chapters
30, Citations, and
690, Zoning, references to "Zoning Commissioner" are revised to "Zoning Administrator," as appropriate.
(4) Throughout Chapter
185, Airport Minimum Standards, the term "commercial activities" is changed to "commercial activity," as appropriate.
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.)
This ordinance shall take effect upon passage and publication
as required by law.