[HISTORY: Adopted by the Town Board of the Town of Lowell
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-1-2004 (Title
1, Ch. 1, Secs. 1-1-2, 1-1-3, 1-1-6 and 1-1-7, of the 2004 Code of
Ordinances)]
The following rules or meanings shall be applied in the construction
and interpretation of ordinances codified in this Code unless such
application would be clearly inconsistent with the plain meaning or
intent of the ordinances:
A. Acts
by agents. When an ordinance requires an act be done by a person which
may be legally performed by an authorized agent of that principal
person, the requirement shall be construed to include all acts performed
by such agents.
B. Code
and Code of Ordinances. The words "Codes," "Code of Ordinances" and
"Municipal Code" when used in any section of this Code shall refer
to this Code of the Town of Lowell unless the context of the section
clearly indicates otherwise.
C. Computation
of time. In computing any period of time prescribed or allowed by
these ordinances, the day of the act or event from which the period
of time begins to run shall not be included, but the last day of the
period shall be included, unless it is a Saturday, a Sunday or a legal
holiday. If the period of time prescribed or allowed is less than
seven days, Saturdays, Sundays and legal holidays shall be excluded
in the computation. As used in this section, "legal holiday" means
any statewide legal holiday specified by state law.
D. Fine.
The term "fine" shall be the equivalent of the word "forfeiture,"
and vice versa.
E. Gender.
Every word in these ordinances referring to gender shall be gender-neutral.
F. General
rule. All words and phrases shall be construed according to their
plain meaning in common usage. However, words or phrases with a technical
or special meaning shall be understood and construed according to
that technical or special meaning if such is the intent of the ordinances.
G. Person.
The word "person" shall mean any of the following entities: natural
persons, corporations, partnerships, associations, bodies politic
or any other entity of any kind which is capable of being sued.
H. Repeal.
When any ordinance having the effect of repealing a prior ordinance
is itself repealed, such repeal shall not be construed to revive the
prior ordinance or any part thereof, unless expressly so provided.
I. Singular
and plural. Every word in these ordinances referring to the singular
number only shall also be construed to apply to several persons or
things, and every word in these ordinances referred to the plural
number shall also be construed to apply to one person or thing.
J. Tense.
The use of any verb in the present tense shall not preclude the interpretation
of the verb in the future tense where appropriate.
K. Town.
The term "Town" shall mean the Town of Lowell, Dodge County, Wisconsin.
L. Wisconsin
statutes. The term "Wisconsin Statutes" and its abbreviation as "Wis.
Stats." shall mean, in these ordinances, the Wisconsin Statutes as
of the adoption of this Code, as amended or renumbered from time to
time.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
M. Wisconsin
Administrative Code. The term "Wisconsin Administrative Code" and
its abbreviation as "Wis. Adm. Code" shall mean the Wisconsin Administrative
Code as of the adoption of this Code, as amended or renumbered from
time to time.
A. If
the provisions of different chapters conflict with each other, the
provisions of each individual chapter shall control all issues arising
out of the events and persons intended to be governed by that chapter.
B. If
the provisions of different sections of the same chapter conflict
with each other, the provision which is more specific in its application
to the events or persons raising the conflict shall control over the
more general provision.
A. General
penalty. Except where a penalty is provided elsewhere in this Code,
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:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1) First offense penalty. Any person who shall violate any provision
of this Code shall, upon conviction thereof, forfeit not less than
$250 nor more than $2,000, 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.
(2) Second offense penalty. 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 $500 nor
more than $4,000 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.
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 Town from maintaining any appropriate action to prevent or remove
a violation of any provision of this Code.
C. Other
remedies. The Town shall have any and all other remedies afforded
by the Wisconsin Statutes in addition to the forfeitures and costs
of prosecution above.
D. Court
authority to impose alternative juvenile dispositions and sanctions.
(1) For a juvenile adjudged to have violated an ordinance, a court is
authorized to impose any of the dispositions listed in §§ 938.343
and 938.344, Wis. Stats., in accordance with the provisions of those
statutes and this section.
(2) For a juvenile adjudged to have violated an ordinance who violates
a condition of a dispositional order of the court under §§ 938.343
or 938.344, Wis. Stats., the Municipal Court is authorized to impose
any of the sanctions listed in § 938.355(6)(d), Wis. Stats.,
in accordance with the provisions of those statutes.
(3) This section is enacted under the authority of § 938.17(2)(cm),
Wis. Stats.
E. Juvenile
disposition alternatives for alcohol/drug offenses.
(1) If a juvenile is found to have engaged in underage drinking of alcohol,
drinking of alcohol on school premises or at a school-sponsored activity,
falsifying proof of age, possessing drug paraphernalia, or delivery
of drug paraphernalia to a minor in violation of Town ordinances,
the Court may order any of the following:
(a) Penalties.
[2]
Suspension or revocation of the juvenile's driver's license;
[3]
Participation in a supervised work program.
(b) After ordering any of the above penalties, the Court may, with the
juvenile's agreement, enter an additional order staying the execution
of the penalty order and suspending or modifying the penalty imposed
and may require the juvenile to do any of the following:
[1]
Submit to an Alcohol or Other Drug Abuse (AODA) assessment;
[2]
Participate in an outpatient AODA treatment program if an AODA
assessment recommends treatment;
[3]
Participate in an AODA education program.
(2) In addition to the dispositions listed above, the Court may order
a juvenile to participate in a teen court program if the following
conditions are satisfied:
(a) The chief judge of the judicial administrative district has approved
a teen court program established in juvenile's county of residence
and the judge determines that participation in the court program will
likely benefit the juvenile and the community;
(b) The juvenile admits or pleads no contest to the allegations that the juvenile committed the violation specified in Subsection
E(1) in open court with the juvenile's parent, guardian or legal custodian present;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(c) The juvenile has not successfully completed participation in a teen
court program during the two years before the date of the alleged
violation.
(3) If the Court finds that a juvenile's parent or guardian is unable
to provide or refuses to provide a court-ordered AODA services for
juvenile through his or her health insurance or other third-party
payments, the Court may order the parent or health insurer to pay.
(4) If payment is not attainable as described in Subsection
E(3) above, the Court may order the municipality to pay for any AODA services so ordered.
F. Dispositional
alternatives for other ordinance violations. The Court may impose
one or more of the following dispositional alternatives against a
juvenile found to have violated a municipal ordinance for which no
penalty is otherwise provided, as follows:
(1) Counseling for the juvenile and/or the parent or guardian;
(2) A forfeiture not to exceed the maximum forfeiture that may be imposed
on an adult for committing the same violation;
(3) If the forfeiture is for a violation that is only applicable to a
juvenile, the maximum forfeiture amount is $50, plus costs;
(4) Suspend a fishing, hunting or driving license from 90 days to not
more than one year or until the juvenile is 18 years of age, whichever
comes first, for failure to pay the forfeiture;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(5) Order the juvenile to participate in a supervised work program or
other community service work;
(6) Order participation in an AODA assessment, an outpatient AODA treatment
or an AODA education program;
(7) Order participation in a pupil assistance program provided by the
juvenile's school, provided the juvenile's school agrees;
(8) In addition to the dispositions listed above, the Court may order
a juvenile to participate in a teen court program if the following
conditions are satisfied:
(a) The chief judge of the judicial administrative district has approved
a teen court program established in juvenile's county of residence
and the judge determines that participation in the court program will
likely benefit the juvenile and the community;
(b) The juvenile admits or pleads no contest to the allegations that
the juvenile was truant in open court with the juvenile's parent,
guardian or legal custodian present;
(c) The juvenile has not successfully completed participation in a teen
court program during the two years before the date of the alleged
violation.
G. Violation
of juvenile dispositional orders. The Court may impose the following
sanctions on a juvenile who has violated a Town ordinance and who
has violated a condition of his or her dispositional order:
(1) Suspend the juvenile's operating privilege for a period not more
than 90 days;
(2) Detain the juvenile in his or her home or current residence for not
more than 30 days without electronic monitoring;
(3) Order not more than 25 hours of community service work in a supervised
work program.
Whenever any standard code, rule, regulation, statute 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 Town
Clerk shall maintain in his/her office a copy of any such material,
as adopted and as amended from time to time. Materials on file at
the Town Clerk's office shall be considered public records open to
reasonable examination by any person during the office hours of the
Town Clerk subject to such restrictions on examination as the Clerk
imposes for the preservation of the material.
[Adopted 9-9-2020 by Ord. No. 2020-4]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Town of Lowell of a general and permanent nature adopted by the Town Board of the Town of Lowell, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters
1 through
295, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Lowell," 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 Town
Clerk 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 Town Clerk, and such certified copy shall remain on file in the
office of said Town Clerk 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 Town Board to make them a part thereof, shall be deemed to
be incorporated into such Code so that reference to the "Code of the
Town of Lowell" 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 Town of Lowell, 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 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 Town of Lowell 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.
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 Town
of Lowell which is not in conflict with the provisions of the Code
shall be deemed to remain in full force and effect.
The adoption of this Code shall not affect the following ordinances,
rights and obligations, which are hereby expressly saved from repeal:
A. Any ordinance adopted subsequent to May 14, 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.
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 Town'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.
O. Any ordinance or portion of an ordinance establishing or amending
a specific fee amount for any license, permit or service obtained
from the Town.
P. Any ordinance or portion of an ordinance establishing or amending
a deposit or bond schedule.
Q. 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 Town of Lowell, 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 Town Board 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) References to the "Department of Commerce" are amended to read "Department
of Safety and Professional Services."
(3) References to the "2020 Comprehensive Plan" and "2030 Comprehensive
Plan" are amended to read "Comprehensive Plan."
(4) Throughout Chapter
187, Intoxicating Liquor and Fermented Malt Beverages, references to the "State Board of Health" are amended to read "State Department of Health Services."
(5) Throughout Chapter
250, Subdivision of Land, references to the "Comprehensive Development Plan" and "Master Plan" are amended to read "Comprehensive Plan"; references to the term "registered land surveyor" are amended to read "professional land surveyor."
(6) Throughout Chapter
295, Zoning, references to the "B-1 Commercial/Mixed-Use District" are amended to read "B-1 Business/Commercial Mixed-Use District."
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.