City of Hayward, WI General Provisions

[HISTORY: Adopted by the Common Council of the City of Hayward as indicated in article histories. Amendments noted where applicable.]

Article I Adoption of Code

[Adopted 5-10-2021 by Ord. No. 547]

§ 1-1 Code adopted; existing ordinances continued.

Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of Hayward of a general and permanent nature adopted by the Common Council of the City of Hayward, as revised and codified and consisting of Chapters 1 through 515, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the City of Hayward, hereinafter referred to as the "Code." 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.

§ 1-2 Code on file; additions and amendments.

In accordance with § 66.0103, Wis. Stats., a copy of the Code has been filed in the office of the City Clerk/Treasurer and made available for public inspection for not less than two weeks prior to adoption of this ordinance, and following adoption of this ordinance such copy shall be maintained and available for public inspection in the office of the City Clerk/Treasurer.

Additions or amendments to the Code, when adopted in such form as to indicate the intent 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 Hayward" shall be understood and intended to include such additions and amendments.

§ 1-3 Notice; publication.

The Clerk/Treasurer of the City of Hayward shall cause notice of the passage of this ordinance to be given in the manner required by law. The notice of passage of this ordinance coupled with the filing of the Code in the office of the City Clerk/Treasurer as provided in § 1-2 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-4 Severability.

Each section of this ordinance and 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 circumstance is held invalid, the remainder of this Code and the application of such provision to other persons or circumstances shall not be affected thereby.

§ 1-5 Repealer.

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 Hayward which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.

The following have been excluded from the Code and are specifically repealed:

(1)

Ordinance No. 1, City Clerk, adopted April 20, 1915.

(2)

Ordinance No. 2, Collection and Disposal of Ashes and Rubbish, adopted April 20, 1915.

(3)

Ordinance No. 3, Animals Running at Large, adopted April 23, 1915.

(4)

Ordinance No. 8, Circuses and Shows, adopted May 4, 1915.

(5)

Ordinance No. 11, Disorderly Conduct, adopted July 20, 1915, as amended by Ordinance No. 22, adopted May 7, 1928, Ordinance No. 3lA, adopted June 7, 1937.

(6)

Ordinance No. 12, Licensing of Vaudeville and Motion Picture Theaters, adopted November 2, 1915.

(7)

Ordinance No. 16, Keeping of Pigs and Swine, adopted May 4, 1920.

(8)

Ordinance No. 18, Storage of Illuminating and Explosive Oils and Gases, adopted July 2, 1923.

(9)

Ordinance No. 29, Radio Interference, adopted June 4, 1934.

(10)

Ordinance No. 31, Junk Dealers, adopted May 3, 1937.

(11)

Ordinance No. 35, Release of Bond by Clerk, adopted June 6, 1938.

(12)

Ordinance No. 37, Soliciting in Residential Areas, adopted April 18, 1939.

(13)

Ordinance No. 40, City Supervisor Terms of Office, adopted February 3, 1941.

(14)

Ordinance No. 42, Fire Prevention, adopted September 2, 1941.

(15)

Ordinance No. 43, National Defense, adopted November 5, 1942.

(16)

Ordinance No. 44, Victory Tax, adopted February 1, 1943.

(17)

Ordinance No. 45, Gas Stations, adopted February 11, 1946.

(18)

Ordinance No. 53, Building Inspector, adopted November 17, 1947.

(19)

Ordinance No. 60, Accepting Recognizance or Admitting Bail, adopted March 7, 1949.

(20)

Ordinance No. 65, Storage of Illuminating and Explosive Oils and Gases amendment, adopted October 3, 1949.

(21)

Ordinance No. 67, Storage of Illuminating and Explosive Oils and Gases amendment, adopted November 11, 1949.

(22)

Ordinance No. 78, Water and Sewer Rates, adopted December 18, 1950.

(23)

Ordinance No. 80, Commissioner of Public Works, adopted February 5, 1951.

(24)

Ordinance No. 92, Milk and Cream, adopted March 1, 1954.

(25)

Ordinance No. 94, Grenwood Cemetery, adopted April 5, 1954, as amended Ord. No. 104, adopted May 6, 1957.

(26)

Ordinance No. 101, Supervisor-Alderman, adopted October 19, 1956.

(27)

Ordinance No. 106, Registration and Operation of Bicycles, adopted June 3, 1957.

(28)

Ordinance No. 108, Building Construction and Fire Zones, adopted February 3, 1958.

(29)

Ordinance No. 111, Vehicle Traffic at Airport, adopted February 2, 1959.

(30)

Building Construction and amendments: Ord. No. 116, adopted July 2, 1962; Ord. No. 127, adopted September 12, 1966; Ord. No. 143, adopted May 15, 1973; Ord. No. 249, adopted June 11, 1984; Ord. No, 24 (roof coverings), adopted March 3, 1930; Ord. No. 256, adopted March 9, 1986; and Ord. No. 329, adopted April 8, 1996.

(31)

Ordinance No. 130, Motorcycles, adopted June 13, 1967.

(32)

Ordinance No. 147, Voter Registration, adopted August 13, 1973.

(33)

Ordinance No. 183, Registration and Operation of Bicycles amendment, adopted May 14, 1979.

(34)

Ordinance No. 193, Citations, adopted May 12, 1980.

(35)

Ordinance No. 196, Ward Boundaries, adopted August 11, 1980.

(36)

Ordinance No. 476, Outdoor Music, adopted September 17, 2007.

(37)

Vehicles and Traffic ordinances:

Ord. No.	Adoption Date
6	5-4-1915
20	4-20-1926
21	6-8-1926
32	6-7-1937
93	3-1-1954
107	8-5-1957
109	2-3-1958
115	2-5-1962
262	9-14-1987

§ 1-6 Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-5 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

Any ordinance adopted subsequent to November 9, 2020.

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.

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.

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.

Any franchise, license, right, easement or privilege heretofore granted or conferred.

Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, naming, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.

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.

Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.

The levy or imposition of taxes, assessments or charges.

The annexation or dedication of property or approval of preliminary or final subdivision plats.

Ordinances providing for local improvements or assessing taxes or special assessments therefor.

All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.

Any legislation relating to or establishing a pension plan or pension fund for municipal employees.

Any ordinances adopting or amending the Zoning Map or otherwise rezoning property.

Any charter ordinances.

Any ordinance or portion of an ordinance establishing or amending a specific fee amount for any license, permit or service obtained from the City.

Any ordinance or portion of an ordinance establishing or amending a deposit or bond schedule .

Any ordinance or portion of an ordinance establishing or amending rates or charges for water or sewer service.

Ord. No. 542, amending all-terrain vehicle routes, adopted October 14, 2019.

§ 1-7 Changes in previously adopted ordinances; new ordinances.

In preparing the revision and codification of the ordinances, certain minor grammatical and nonsubstantive changes were made in one or more of said ordinances, and references to state statutes and regulations were updated to reflect the numbering and titles of the statutes and regulations as of the publication of this Code. It is the intention of the City Council that all such changes be adopted as part of the Code as if the ordinances so changed had been formally amended to read as such.

In accordance with § 66.0103, Wis. Stats., the Code of the City of Hayward, on file in the office of the City Clerk/Treasurer, is adopted and incorporated by reference, including the revisions set forth in Schedule A attached hereto and made a part hereof. (Chapter and section number references in Schedule A are to the ordinances as they have been renumbered and appear in the Code.)[1]

[1]

Editor’s Note: In accordance with § 1-7B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article I. During routine supplementation, these histories will be replaced with the adoption date and number of this ordinance. Schedule A, which contains a complete description of all changes, is on file in the City offices.

§ 1-8 Titles and headings; editor's notes.

Chapter and article titles, headings and titles of sections and other divisions of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.

Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.

§ 1-9 Altering or tampering with Code; violations and penalties.

It shall be unlawful for anyone to change, alter or tamper with the Code in any manner which will cause the laws of the City of Hayward to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to a penalty as provided in § 1-11 of the Code.

§ 1-10 When effective.

This ordinance shall take effect upon final passage and publication or posting as provided by law.

Article II General Forfeiture

[Adopted 4-11-1994 by Ord. No. 308]

§ 1-11 General forfeiture established.

Except where a forfeiture is provided elsewhere in state statutes or City ordinances, any person who shall violate any of the provisions of the City Code shall, upon conviction of such violation, be subject to a forfeiture, which shall be as follows:

First offense. Any person who shall violate any provision of this Code shall, upon conviction thereof, forfeit not less than $25 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.

Second offense. 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 $50 nor more than $1,000 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.

§ 1-12 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.

§ 1-13 Other remedies.

The City shall have any and all other remedies afforded by the Wisconsin Statutes in addition to the forfeitures and costs of prosecution above.