Village of Bayside, WI General Provisions

The time within which an act is to be done or proceeding had or taken shall be computed by excluding the first day and including the last; and when any such time is expressed in hours, the whole of Sunday and of any legal holiday, from 12:00 midnight to 12:00 midnight, shall be excluded.

If the last day within which an act is to be done or proceeding had or taken falls on a Sunday or legal holiday, the act may be done or the proceeding had or taken on the next secular day.

When the last day within which a proceeding is to be had or taken or an act done, which consists of any payment to or the service upon or the filing with any officer, agent, agency, department or division of the state or of the county, or a city, village, town, school district or other subdivision of the state, of any money, return, statement, report, notice or other document, falls on a Saturday and the duly established official office hours of such officer, agent, agency, department or division to which such payment is to be made or upon which such service is to be made or with which such return, statement, report, notice or other document is required to be filed, do not include any office hours thereof on such Saturday, such proceeding may be had or taken or such act may be done on the next succeeding day that is not a Sunday or a legal holiday.

Regardless of whether the time limited in any ordinance for the taking of any proceeding or the doing of an act is measured from an event or from the date or day on which such event occurs, the day on which such event took place shall be excluded in the computation of such time.

(e)

The expression "legal holiday" as used in this section means any statewide legal holiday provided in Wis. Stats. § 895.20. When an act is permitted to be done by the use of the postal service, and the last day within the time prescribed by law for performing such act falls on a legal public holiday under federal law, or other holiday designated by the President such that the postal service does not receive registered mail or make regular deliveries on that day, the day shall be considered a legal holiday for purposes of this section.

§ 1-5 Titles of sections and other headings.

[Code 1997, § 1-5]

The titles of the several sections and subsections, and the headings of chapters, articles and divisions of this Code are intended to indicate the contents of the section, subsection, chapter, article or division, and shall not be deemed or taken to be substantive portions of such sections, subsections, chapters, articles or divisions, nor, unless expressly so provided, shall they be so deemed when any of such sections, subsections, chapters, articles or divisions, including the titles or other headings, are amended or reenacted.

§ 1-6 References to chapters or sections.

[Code 1997, § 1-6]

Generally. All references to chapters or sections are to the chapters and sections of this Code unless otherwise specified.

Inclusion of penalty. Reference to any section of this Code shall be understood to refer to and include the penalty section relating thereto, unless otherwise expressly provided.

§ 1-7 References and editor's notes.

[Code 1997, § 1-7]

The state law and cross reference and editor's notes appearing after sections throughout the Code are not intended to have any legal effect, but are merely intended to assist the user of the Code.

§ 1-8 History notes.

[Code 1997, § 1-8]

The history notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section.

§ 1-9 Continuation of ordinances.

[Code 1967, § 1.03(d); Code 1997, § 1-9]

The provisions of this Code, so far as they are the same in substance as those of heretofore existing ordinances, are continuations of such ordinances and not new enactments. Any act done, offense committed, or right accruing or acquired, or liability, penalty, forfeiture or punishment incurred prior hereto shall not be affected, but may be enjoyed, asserted, enforced, prosecuted or inflicted as fully and to the same extent as if the above repeal had not been effected.

§ 1-10 Certain ordinances not affected by Code.

[Code 1967, § 1.03(a); Code 1997, § 1-10]

Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this Code:

Ordinances authorizing contracts or the issuance of municipal notes or bonds.

Ordinances levying taxes or making special assessments.

Ordinances appropriating funds or establishing salaries.

(4)

Ordinances granting franchises or rights to corporations.

(5)

Ordinances relating to the establishment, dedication, opening, grade, naming, improvement, altering, widening or vacating of any streets, alleys, parks or public grounds.

(6)

Ordinances respecting the village boundaries, the annexation of territory to the village, or the conveyance or acceptance of real property or easements in real property, or the location of shorelines.

(7)

Ordinances authorizing or relating to particular public improvements.

(8)

Ordinances granting franchises

(9)

Any other special ordinances not in conflict with the provisions of this Code.

§ 1-11 Effect of repeal of ordinances.

[Code 1997, § 1-11]

The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect or any suit, prosecution or proceeding pending at the time of the repeal for an offense committed or cause of action arising under the ordinance repealed.

§ 1-12 Code does not affect prior offenses, acts, penalties or rights.

[Code 1997, § 1-12]

Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Code.

§ 1-13 General penalty.

[Code 1967, § 1.05; Code 1997, § 1-13; Ord. No. 94-342, 7-7-1994; Ord. No. 97-394, 6-5-1997; Ord. No. 12-635, 8-2-2012; Ord. No. 20-709, 2-20-2020]

Standard penalty. Unless another penalty is expressly provided by this Code for any particular provision, section or chapter, any person violating any provision of this Code or any rule or regulation adopted or issued in pursuance thereof or any provision of any code adopted herein by reference shall upon conviction of such violation be subject to a forfeiture of not less than $25.00, nor more than $5,000.00, together with the costs of prosecution. In default of payment of such forfeiture and costs, if any, such person shall be committed to the Milwaukee or Ozaukee County Jail, or the Milwaukee County House of Correction, the place of imprisonment to be in the county in which the cause of action resulting in the forfeiture arose. The duration of such imprisonment shall be for a definite term, or until the forfeiture and costs, if any, are paid; but such imprisonment shall not exceed 90 days. Imprisonment under this section shall be imposed only in accordance with Wis. Stats. §§ 800.09 and 800.095. The payment of any judgment entered for the payment of a forfeiture and costs may be deferred by order of the court for not more than 30 days.

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 this Code or any ordinance of the village, 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 forfeiture and costs.

Applicability. The penalty provided by this section or any section of this Code applies to the amendment of any section of this Code or any code adopted herein by reference to which the penalty relates whether or not such penalty is reenacted in the amendatory ordinances, unless otherwise provided in the amendment.

Reference to sections. Reference to any section of this Code shall be understood also to refer to and include the penalty section relating thereto, unless otherwise expressly provided.

(e)

Saving provision. In no case shall any forfeiture imposed for a violation of any provision of this Code exceed the maximum fine for the same offense provided under the laws of the state.

(f)

Court authority to impose alternative juvenile dispositions and sanctions.

For a juvenile adjudged to have violated an ordinance, a court is authorized to impose any of the dispositions listed in Wis. Stats. §§ 938.343 and 938.344, in accordance with the provisions of those statutes.

For a juvenile adjudged to have violated an ordinance who violates a condition of a dispositional order of the court under Wis. Stats. § 938.343 or 938.344, the municipal court is authorized to impose any of the sanctions listed in Wis. Stats. § 938.355(6)(d), in accordance with the provisions of those statutes.

(g)

As for a further penalty for any violation of this or any other provision in the Municipal Code, whether or not another penalty is expressly provided in this Code, the village board hereby empowers the village manager or designee pursuant to Wis. Stats. § 66.0627, to, after providing notice in person or via United States Mail to the last known owner of the property at least two business days in advance and such other notice as required by statute, perform such work on said property as is required to render the property compliant with the Municipal Code. The reasonable cost of such work shall be billed to the last known property owner and such bill shall be due and payable within 15 days after it has been mailed. Amounts due after said period of time shall be delinquent and shall become a lien upon the property and may be placed on the tax bill of the property in question as a special charge for current services as provided in Wis. Stats. § 66.0627.

§ 1-14 Ordinance violation uniform citation form.

[Code 1967, § 1.10; Code 1997, § 1-14; Ord. No. 94-342, 7-7-1994]

Contents. Pursuant to the authority of Wis. Stats. § 66.0113, the village elects to use the citation method of enforcement of ordinances, including those for which a statutory counterpart exist. The citation form shall contain the following:

The name and address of the alleged violator.

Factual allegations describing the alleged violation.

The time and place of the offense.

(4)

The section of the ordinance violated.

(5)

A designation of the offense in such manner as can readily be understood by a person making a reasonable effort to do so.

(6)

The time at which the alleged violator may appear in court.

(7)

A statement which in essence informs the alleged violator:

That a cash deposit based on the schedule established in accordance with Wis. Stats. § 345.26(2)(a), or by this section may be made. The cash deposit shall be delivered or mailed to the clerk prior to the time of the scheduled court appearance. The deposit schedules will be kept on file with the police department.

That if a cash deposit is made, no appearance in court is necessary unless subsequently summoned.

That if the alleged violator makes a cash deposit and does not appear in court, he either will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty surcharge imposed by Wis. Stats. § 757.05, a jail surcharge imposed by Wis. Stats. § 302.46(1) and any applicable domestic abuse surcharge imposed by Wis. Stats. § 973.055(1) not to exceed the amount of the deposit or will be summoned into court to answer the complaint if the court does not accept the plea of no contest.

That if the alleged violator does not make a cash deposit and does not appear in court at the time specified, the court may issue a summons or a warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment under Wis. Stats. § 66.0113(3)(e), or the municipality may commence an action against the alleged violator to collect the forfeiture, the penalty surcharge imposed by Wis. Stats. § 757.05, the jail surcharge imposed by Wis. Stats. § 302.46(1) and any applicable domestic abuse assessment imposed by Wis. Stats. § 973.055(1).

That if the court finds that the violation involves an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and that the violation resulted in damage to the property of or physical injury to a person other than the alleged violator, the court may summon the alleged violator into court to determine if restitution shall be ordered under Wis. Stats. § 800.093.

(8)

A direction that if the alleged violator elects to make a cash deposit the statement which accompanies the citation shall be signed to indicate that the statement required under subsection (7) of this section has been read. Such statement shall be sent or brought with the cash deposit.

(9)

Such other information as the village deems necessary.

The form of the citation is attached to the ordinance from which this section is derived and is incorporated into this section by reference.

Schedule of deposits. A schedule of cash deposits is established for use with citations, to be in such amounts as established from time to time by ordinance or resolution. Deposits shall be made in cash, money order or check to the clerk, who shall provide a receipt therefor.

Issuance of citations. Any law enforcement officer may issue citations for enforcement of any ordinances authorized under this section.

Violator's options. The provisions of Wis. Stats. § 66.0113(3), relating to violator's options and procedure on default, are hereby adopted and incorporated herein by reference.

(e)

Other proceedings. Adoption of this section in no way precludes the adoption of any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or any other matter. The issuance of a citation under this section in no way precludes the proceeding under any other law or ordinance relating to the same or any other matter.

§ 1-15 Continuing violation.

[Code 1967, § 1.05(c); Code 1997, § 1-15]

Unless otherwise provided, each act of violation and every day upon which a violation occurs or continues constitutes a separate offense.

§ 1-16 Applicability of penalties.

[Code 1997, § 1-16]

The penalties provided by sections 1-13 and 1-14 shall apply to any section of this Code or any code adopted in this Code by reference to which the penalty relates, whether or not such penalty is reenacted in the amendatory ordinances, unless otherwise provided in the amendment.

§ 1-17 Amendments to Code.

[Code 1997, § 1-17]

Any additions or amendments to this Code, when passed in such form as to indicate the intention of the village board to make such additions or amendments a part of this Code, are incorporated in this Code, so that a reference to this Code shall be understood as including such additions or amendments. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new code of ordinances by the village board.

Amendments to any of the provisions of this Code shall be made by ordinance adopted by the village board amending such provisions by specific reference to the section number of this Code being amended in the following language: "That section _____ of the Municipal Code of the Village of Bayside, Wisconsin, is hereby amended or repealed and created to read as follows:…." The new provisions shall then be set out in full as desired.

If a new section not then existing in the Code is to be added, the following language shall be used: "That the Municipal Code of the Village of Bayside, Wisconsin, is hereby amended by adding a section to be numbered _____, which section reads as follows:…." The new section shall then be set out in full as desired.

All sections, articles, chapters or provisions of this Code desired to be repealed must be specifically repealed by section, article or chapter number, as the case may be.

§ 1-18 Supplementation of Code.

[Code 1997, § 1-18]

By contract or by village personnel, supplements to this Code shall be prepared and printed. A supplement to the Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered as to fit properly into the Code and will, where necessary, replace pages that have become obsolete or partially obsolete; and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of adoption of the latest ordinance included in the supplement.

In preparing a supplement to this Code, all portions of the Code that have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

When preparing a supplement to this Code, the codifier (meaning the person authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

Organize the ordinance material into appropriate subdivisions;

Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;

Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4)

Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections _____ to _____" (inserting section numbers to indicate the sections of the Code that embody the substantive sections of the ordinance incorporated into the Code); and

(5)

Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code, but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

§ 1-19 Copies on file.

[Code 1967, § 1.09; Code 1997, § 1-19]

Copies of this Code shall be kept available at the village clerk's office for public inspection.

§ 1-20 Severability of parts of Code.

[Code 1967, § 1.07; Code 1997, § 1-20]

The sections, paragraphs, sentences, clauses and phrases of this Code are severable; and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional or invalid by the valid judgment or decree of the court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

§ 1-21 Failure of officers to perform duties.

[Code 1967, § 1.05(f); Code 1997, § 1-21]

The failure of any officer or employee of the village to perform any official duty imposed by this Code shall not subject such officer or employee to the penalty imposed for violation of this Code unless a penalty is specifically provided for such act or omission.

§ 1-22 Responsibility for acts; aiding and abetting.

[Code 1967, § 1.06; Code 1997, § 1-22]

Every person concerned in the commission of any act prohibited by this Code, whether he directly commits the act or prosecutes, counsels, aids or abets in its commission, may be prosecuted and, upon conviction, is punishable as if he had directly committed such act.

§ 1-23 Withholding of licenses and permits for delinquencies.

[Code 1997, § 1-23; Ord. No. 12-637, 8-2-2012]

No license, approval, letter, variance, exception, or permit, authorized or required under any section of this Code, may be issued to:

Any individual, partnership, corporation or any other association or legal entity or its affiliates, subsidiaries, beneficiaries, principals, shareholders, heirs, or assigns (hereinafter "person") who or which is delinquent in the payment of any municipal tax, assessment, fee, or forfeiture; or

Any person where such license, approval, letter or permit applies to a particular property or premises on which any municipal tax, assessment, fee, or forfeiture is currently delinquent.

The village clerk shall review the records for possible delinquencies prior to the issuance of any license or permit. In the event of a delinquency, the village clerk shall notify the person in writing of the specific delinquency and the fact that the license or permit is being withheld for that reason.

§ 1-24 Conduct of virtual meetings of and remote attendance at meetings of boards, authorities, committees, and commissions.

Any determination by the village clerk that a delinquency exists, resulting in the withholding of a license or permit, may be appealed to the village board, which board shall conduct a hearing to review the determination of the village clerk as to the existence of the delinquency.

[Ord. No. 20-717, 6-18-2020]

Virtual meetings and remote attendance. In exceptional circumstances as determined by the chair of the applicable village board, authority, committee or commission, meetings may on a case by case basis be held on a virtual basis or otherwise with remote attendance as described in this section. Virtual meetings and remote attendance are only authorized when the chair determines that health, safety, welfare, family or work circumstances warrant a virtual meeting or remote attendance. Virtual meetings and remote attendance are not authorized solely for convenience, or due to vacation, travel, or seasonal relocation of one or more members of the body. For meetings that include quasi-judicial action requiring due process, the chair must consult the village attorney before authorizing a virtual meeting or remote attendance. Virtual meetings and remote attendance are subject to the following:

Remote attendance. When a meeting is held in-person, the chair of the applicable body, may allow one or more members of the body to attend the meeting by telephone or other electronic means, subject to the requirements of this section. A member of the body seeking to attend remotely shall notify the village manager of the request at least 48 hours in advance of the meeting. The village manager shall immediately notify the chair. The chair shall decide whether to grant the request at least 24 hours in advance of the meeting. The chair's determination shall be final. Members of the body attending remotely shall have all powers of participation, including counting toward a quorum and having the opportunity to vote. Such attendance is only permitted if systems allow the remote member to hear the proceedings and be heard in the meeting room. If visual information is presented at the meeting, the information shall be distributed or systems must allow remote attendees to view what is presented. The village does not warrant remote attendance system performance. If circumstances leading to one or more members of the body seeking to attend remotely are widely shared by others in the general public, the chair should consider providing a similar remote attendance option for the general public. Such option must be provided to citizens in a timely manner as part of the meeting agenda notice.

Virtual meeting. Upon direction of the chair, a body may on a case-by-case basis conduct an entirely virtual meeting, in which no member of the body is present at village hall, subject to the requirements of this section. Members of the body attending virtually shall have all powers of participation, including counting toward a quorum and having the opportunity to vote. If visual information is presented at the meeting, remote attendees must have the opportunity before or during the meeting to view what is presented or be prohibited from voting on the matter. The public shall be given access to the system implementing the virtual meeting platform. Information about access to the meeting shall be provided to citizens in a timely manner as part of the meeting agenda notice. Best efforts shall be used to ensure that members of the public lacking access to the virtual meeting platform are provided alternative reasonable methods to attend.