Whenever in this Code any standard, code, rules, 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.
[Amended 7-26-2023 by Ord. No. 2023-026]
(A)
General Penalty. Except as otherwise provided, including such
provisions and penalties provided in the State of Wisconsin Uniform
Motor Vehicle Code as adopted herein, 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:
(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 three
months.
(3)
Costs of Prosecution. Costs of prosecution for purposes of this
section shall include actual costs incurred by the Village, but not
costs imposed by the State of Wisconsin under the Uniform Motor Vehicle
Code.
(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 Village 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 Village, 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.
All ordinances heretofore adopted by the Village Board 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:
(A)
The issuance of corporate bonds and notes of the Town or Village
of Somers of whatever name or description.
(B)
The establishment of grades, curb lines and widths of sidewalks
in the public streets and alleys.
(C)
The fixing of salaries of public officials and employees.
(D)
Rights, licenses or franchises or the creation of any contract
with the Town or Village of Somers.
(E)
The lighting of streets and alleys.
(F)
The naming and changing the names of streets, alleys, public
grounds and parks.
(G)
The letting of contracts without bids.
(H)
The establishment of wards and ward boundaries.
(I)
Tax and special assessment levies.
(J)
Releases of persons, firms or corporations from liability.
(K)
Construction of public works.
(L)
Water, sewer and electric rates, rules and regulations and sewer
and water main construction.
(M)
Budget ordinances, resolutions and actions.
The repeal or amendment of any section or provision of this
Code or of any other ordinance or resolution of the Board shall not:
(A)
By implication be deemed to revive any ordinance not in force
or existing at the time such repeal or amendment takes effect.
(B)
Affect any vested right, privilege, obligation or liability
acquired, accrued or incurred under any enactment so repealed or amended,
unless the privilege of repealing such obligation or privilege has
been reserved by the Village.
(C)
Affect any offense committed, or penalty or forfeiture incurred,
previous to the time when any ordinance is repealed or amended; except
when any forfeiture or penalty has been mitigated by the provisions
of any ordinance, such provisions shall apply to and control any judgment
to be pronounced after such ordinance takes effect for any offense
committed before that time.
(D)
Affect any prosecution for any offense, or the levy of any penalty
or forfeiture pending at the time when any ordinance aforesaid is
repealed or amended; but the right of action shall continue and the
offender shall be subject to the penalty as provided in such ordinance,
and such prosecution shall proceed, in all respects, as if such ordinance
had not been repealed; except all such proceedings had after the time
this Code takes effect shall be conducted according to the provisions
of this Code.
These ordinances shall be known as the "Municipal Code of the Village of Somers" and shall take effect from and after passage and publication as provided in § 66.035, Wis. Stats. All references thereto shall be cited by section number (example: §
13.06, Municipal Code of the Village of Somers).
As each ordinance or resolution affecting the Municipal Code
becomes effective, the Village Clerk shall forward such ordinance
or resolution to the Revisor, who shall incorporate them into the
Municipal Code. The Revisor shall make no substantive changes to such
ordinances and resolutions but may renumber, arrange and edit them
without first submitting them to the Village Board; 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.