[HISTORY: Adopted by the City Council of the City of Edgerton as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-1-1993 by Ord. No. 2-93 (§§ 1.01 through 1.03, 1.05, 1.06 and 1.12 of the 1993 Municipal Code)]
A. 
Title. This Code may be known and cited as the "City of Edgerton Code."
B. 
Amendments. Any additions or amendments to this Code are incorporated in this Code so that a reference to the City of Edgerton Code includes such additions and amendments.
C. 
Terms in code. Terms used in this Code, unless specifically defined in this Code, have the meanings prescribed by the Wisconsin Statutes for the same terms. The title of any official, board or commission refers to such official, board or commission of the City of Edgerton unless otherwise stated.
Unless otherwise provided in this Code, this Code applies to acts performed within the corporate limits of the City of Edgerton. Provisions of this Code also apply to acts performed outside the corporate limits and up to the limits prescribed by law, where the law confers power on the City to regulate such particular acts outside the corporate limits.
[Amended 7-17-2023 by Ord. No. 23-10]
In the construction of this Code, 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" and its abbreviation as "Wis. Stats." wherever used in this Code shall mean the Wisconsin Statutes as of the adoption of this Code, as amended or renumbered 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 any gender, 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 that 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 to such construction.
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 by 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 requisition shall be construed to include all such acts when done by an authorized agent.
[Amended 7-17-2023 by Ord. No. 23-10]
Whenever in this Code any standard, code, rule, regulation or other written or printed matter, other than the Wisconsin Statutes or other sections of this Code, are adopted by reference, they shall be deemed incorporated in this Code as if fully set forth herein, and the City Administrator is directed and required to file, deposit and keep 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 City Administrator's office hours, subject to such orders or regulations which the City Administrator may prescribe for their preservation.
A. 
General penalty. Unless another penalty is expressly provided in this Code, any persons 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 penalty. Any person who shall violate any provision of this Code subject to a penalty for which a penalty is not otherwise provided for in 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 forfeitures and costs of prosecution, may be imprisoned in the county jail for a period not exceeding 90 days, or may have their driver's license suspended, or the court may impose any other penalty as provided by state statute.
[Amended 7-17-2023 by Ord. No. 23-10]
(2) 
Second offense penalty. Any person found guilty of violating any ordinance or any part 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 the costs of prosecution and, in default of payment of such forfeiture and costs, may be imprisoned in the county jail for a period not exceeding six months, or may have their driver's license suspended, or the court may impose any other penalty as provided by state statute.
[Amended 7-17-2023 by Ord. No. 23-10]
(3) 
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.
B. 
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, issue an execution against the property of the defendant for said forfeiture and costs.
A seal, with the words "City of Edgerton, Wisconsin" in a circular form, with the words "Incorporated March 20, 1883" in a smaller circle and the word "Seal" in the center of such circle, shall be, and the same is made, the corporate seal of the City of Edgerton. This seal shall be kept in the custody of the City Administrator.
[Adopted 7-17-2023 by Ord. No. 23-10]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of Edgerton of a general and permanent nature adopted by the City Council of the City of Edgerton, as revised and codified and consisting of Chapters 1 through 450, are hereby approved, adopted, ordained and enacted as the Code of the City of Edgerton, 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. This ordinance and the Code adopted hereby shall supersede and replace the 1993 Code of Ordinances, as amended and supplemented.
A. 
In accordance with § 66.0103, Wis. Stats., a copy of the Code has been filed in the office of the City Clerk 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.
B. 
Additions or amendments to the Code, when adopted in such form as to indicate the intent of the City 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 Edgerton" shall be understood and intended to include such additions and amendments.
The Clerk of the City of Edgerton 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 as provided in § 1-9 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 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.
A. 
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 Edgerton which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B. 
The following have been excluded from the Code and are specifically repealed:
(1) 
Chapter 25, Edgerton Cable Television Franchise, of the 1993 Code of Ordinances.
(2) 
Section 18.25, Spitting on sidewalks and walls, of the 1993 Code of Ordinances.
(3) 
Section 19.01, Amusements, of the 1993 Code of Ordinances.
(4) 
Sections 19.03, 19.07 and 19.08, Bowling Alleys, Billiard and Pool Halls; Shuffleboard Tables; Roller Skating Rinks; Theaters, of the 1993 Code of Ordinances.
(5) 
Section 19.04, Dance and Dance Halls, of the 1993 Code of Ordinances.
(6) 
Section 19.14, Private Commercial Parking Lots, of the 1993 Code of Ordinances.
(7) 
Section 19.15, Trap shoots license, of the 1993 Code of Ordinances.
The adoption of this Code and the repeal of ordinances provided for in § 1-12 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 February 6, 2023.
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.
O. 
Any charter ordinances.
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.
A. 
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.
B. 
In accordance with § 66.0103, Wis. Stats., the Code of the City of Edgerton, on file in the office of the City Clerk, is adopted and incorporated by reference, including the revisions set forth in Schedule A[1] 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]
In accordance with § 1-14B, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article II. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 7-17-2023 by Ord. No. 23-10." Schedule A, which contains a complete description of all changes, is on file in the City offices.
A. 
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.
B. 
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.