[HISTORY: Adopted by the Common Council of the City of Port Washington as indicated in article histories. Amendments noted where applicable.]
[Adopted as §§ 25.01 to 25.04 of the 1984 Code]
In the construction of this Code of general ordinances, the following shall be observed unless such construction would be inconsistent with the manifest intent of the ordinance:
A. 
Wisconsin Statutes. The term "Wisconsin Statutes" whenever used in this Code shall mean the Wisconsin Statutes then in effect and shall include session laws enacted by the Legislature.
B. 
Gender; singular and plural. Every word in this Code and in any ordinance importing the masculine gender may extend and be applied to females as well as males, 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 thereto.
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 requirement shall be construed to include all such acts when done by an authorized agent.
A. 
Conflict of provisions. If the provisions of the different chapters of this Code conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions arising out of the subject matter of such chapter.
B. 
Severability of Code provisions. If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. The Mayor and Common Council of the City hereby declare that they would have passed this Code and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof may be declared invalid or unconstitutional.
Whenever in this Code any standard, code, rule, 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 City Clerk is hereby directed and required to 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 City Clerk's office hours, subject to such orders or regulations which the City Clerk may prescribe for their preservation.
A. 
General penalty. Whenever so provided in this Code, any person who shall violate any of the provisions of this Code shall, upon conviction of each violation, be subject to a penalty, which shall be as follows:
(1) 
First offense. A forfeiture of not less than $25 nor more than $500 in addition to any applicable fees, assessments and restitution and the costs of prosecution and, in the event of nonpayment of any of the foregoing amounts, imprisonment in the county jail until the forfeiture, fees, assessments, restitution and costs are paid, except that the amount owed is reduced at the rate of $25 for each day of imprisonment and the maximum period of imprisonment is 90 days.
[Amended 7-18-2023 by Ord. No. 2023-14]
(2) 
Second and subsequent offenses. For any person who previously has been convicted of a violation of the same provision, rule or regulation, a forfeiture of not less than $50 nor more than $1,000 in addition to any applicable fees, assessments and restitution and the costs of prosecution and, in the event of nonpayment of any of the foregoing amounts, imprisonment in the county jail until the forfeiture, fees, assessments, restitution and costs are paid, except that the amount owed is reduced at the rate of $25 for each day of imprisonment and the maximum period of imprisonment is 90 days.
[Amended 7-18-2023 by Ord. No. 2023-14]
(3) 
Civil remedy. In the event of nonpayment of any forfeiture, fees, assessments, restitution and costs and in lieu of imprisonment under Subsection A(1) and (2) above, the City may enforce the judgment in the same manner as for a judgment in an ordinary civil action.
(4) 
Penalty for juveniles.
(a) 
Definition. "Juvenile" means a person who is less than 17 years of age.
(b) 
Court authority to impose alternative juvenile dispositions and sanctions.
[1] 
For a juvenile adjudged to have violated an ordinance, the court is authorized to impose any of the dispositions listed in §§ 938.343 and 938.344, Wis. Stats., as amended, in accordance with the provisions of those statutes.
[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., as amended, in accordance with the provisions of those statutes.
[3] 
This Subsection A(4) is enacted under the authority of § 938.17(2)(cm), Wis. Stats.
(5) 
Separate offenses. Each violation and each day a violation occurs or exists constitutes a separate offense and is punishable as such.
(6) 
Nonexclusivity. Nothing in this section shall preclude the City from maintaining any appropriate action to prevent or remove any violation of any provision of this Code.
B. 
Execution against defendant's property. Whenever any person fails to pay the 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, or after the defendant has been released from custody, issue an execution against the property of the defendant for said forfeiture and costs.
[Adopted 7-18-2023 by Ord. No. 2023-14]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of Port Washington of a general and permanent nature adopted by the Common Council of the City of Port Washington, as revised and codified and consisting of Chapters 1 through 485, are hereby approved, adopted, ordained, and enacted as the Code of the City of Port Washington, 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 1984 Code of Ordinances adopted on December 4, 1984, as Ordinance No. 84-9 (the "1984 Code"), 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 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 Port Washington" shall be understood and intended to include such additions and amendments.
The Clerk of the City of Port Washington 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 § 1-6, 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 the Code or the application thereof to any person or circumstances is held invalid, the remainder of the 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 Port Washington which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B. 
The following sections of the 1984 Code have been excluded from the new Code and are specifically repealed: Section 4.07.000, Who May Arrest; Section 8.15.000, References to Statutes; Sections 9.11.000 through 9.11.060, inclusive, Sale of Weapons; Sections 10.03.000 through 10.03.050, inclusive, Milk and Milk Products; and Section 11.02.110, Secondhand Dealers.
The adoption of the Code and the repeal of ordinances provided for in § 1-9 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 March 21, 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.
S. 
The Cable Franchise Ordinance (Chapter 23 of the 1984 Code of Ordinances) and any amendments thereto.
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 Common 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 Port Washington, on file in the office of the City Clerk, is adopted and incorporated by reference, including the revisions set forth in Schedule A attached hereto and made a part hereof.[1] (Chapter and section number references in Schedule A are to the ordinances as they have been renumbered and appear in the Code.) The adoption of the Code includes the adoption of the following new ordinances: Chapter 12, Citations, and Chapter 95, Records, Article II, Public Access to Records.
[1]
Editor's Note: In accordance with this Subsection B, the chapters, parts 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) 7-18-2023 by Ord. No. 2023-14." 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, unless expressly otherwise provided, 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.