[Adopted 5-10-2021 by Ord. No. 547]
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.
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.
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.
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:
A. Any
ordinance adopted subsequent to November 9, 2020.
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, naming, 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.
P. Any
ordinance or portion of an ordinance establishing or amending a specific
fee amount for any license, permit or service obtained from the City.
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.
S. Ord.
No. 542, amending all-terrain vehicle routes, adopted October 14,
2019.
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.
This ordinance shall take effect upon final passage and publication
or posting as provided by law.
[Adopted 4-11-1994 by Ord. No. 308]
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:
A. 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.
B. 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.
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.
The City shall have any and all other remedies afforded by the
Wisconsin Statutes in addition to the forfeitures and costs of prosecution
above.