[HISTORY: Adopted by the Town Board of the Town of Ottawa as indicated in article histories. Amendments noted where applicable.]
[Adopted as §§ 25.01 to 25.04 of the 1987 Code]
[Amended 1990; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
In the construction of this General Code, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of this article:
A. 
All references to "Wisconsin Statutes" or "Wis. Stats." shall mean the Wisconsin Statutes as of the adoption of this Code and as amended or renumbered from time to time.
B. 
Gender; singular and plural. Every word in this Code and in any ordinance imparting the masculine gender may extend and be applied to females as well as males, and every word imparting the singular number only may extend and be applied to several persons or things as well as to one person or thing; provided these rules of construction shall not be applied to any provision which contains any express language excluding such construction or when the subject matter or context of such provision may be repugnant thereto.
C. 
Person. The word "person" extends and applies to natural persons, firms, corporations, associations, partnerships or other bodies politic and to all entities capable of being sued, unless plainly inapplicable.
D. 
Acts of agents. When a provision requires an act to be done which act 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.
E. 
References in the Code to "Town Clerk" and "Town Treasurer" shall be construed to mean the combined office of Town Clerk/Treasurer.
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 the 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 Board hereby declares that it 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 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 Clerk shall 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 Clerk's office hours, subject to such orders or regulations which the Clerk may prescribe for their preservation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
First offense. Except as otherwise provided:
(1) 
Any person over the age of 17 years violating the provisions of all previously adopted ordinances shall be subject to a forfeiture of not less than $10 nor more than $500, plus allowable statutory costs per each offense. Failure to pay any forfeiture hereunder shall subject any violator over the age of 17 years to be sentenced to the county jail and/or revocation or suspension of driving privileges.
(2) 
Any person between the ages of 12 and 17 years shall be subject to a forfeiture of not less than $10 nor more than $500, plus allowable statutory costs per each offense, or referred to the proper authorities as provided in Chapter 938, Wisconsin Statutes. Failure to pay any forfeiture hereunder shall subject any violator to the provisions of § 938.17(2), Wisconsin Statutes.
(3) 
Any person under the age of 12 years shall be referred to the proper authorities as provided in Chapter 938, Wisconsin Statutes.
B. 
Second and subsequent offenses. Except as otherwise provided:
(1) 
Any person over the age of 17 years violating the provisions of all previously adopted ordinances shall be subject to a forfeiture of not less than $25 nor more than $1,000, plus allowable statutory costs per each offense. Failure to pay any forfeiture hereunder shall subject any violator over the age of 17 years to be sentenced to the county jail and/or revocation or suspension of driving privileges.
(2) 
Any person between the ages of 12 and 17 years shall be subject to a forfeiture of not less than $25 nor more than $1,000, plus allowable statutory costs per each offense, or referred to the proper authorities as provided in Chapter 938, Wisconsin Statutes. Failure to pay any forfeiture hereunder shall subject any violator to the provisions of § 938.17(2), Wisconsin Statutes.
(3) 
Any person under the age of 12 years shall be referred to the proper authorities as provided in Chapter 938, Wisconsin Statutes.
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.
Whenever any person fails to pay any forfeiture and costs of prosecution upon the order of any court for violation of any ordinance of the Town, 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 such forfeiture and costs.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Violations of non-traffic ordinances of the Town shall be enforced by the issuance of a municipal citation.
A. 
Information required. The municipal citation shall contain the following information:
(1) 
The name and address of the alleged violator.
(2) 
Factual allegations describing the alleged violation.
(3) 
The time and place of the offense.
(4) 
The section of the Code 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:
(a) 
That a cash deposit based on the schedule established by the Town Board as a part of this section may be made which shall be delivered or mailed to the County Sheriff's Department prior to the time of the scheduled court appearance.
(b) 
That if a deposit is made, no appearance in court is necessary unless he is subsequently summoned.
(c) 
That if the alleged violator makes a cash deposit and does not appear in court, he or she either will be deemed to have tendered a plea of no contest and submitted to a forfeiture, plus costs, fees, and surcharges imposed under Ch. 814, Wis. Stats., 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.
(d) 
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 § 66.0113(3)(d), Wis. Stats., or the Town may commence an action against the alleged violator to collect the forfeiture, plus costs, fees, and surcharges imposed under Ch. 814, Wis. Stats.
(e) 
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 § 800.093, Wis. Stats.
(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 A(7) above has been read. Such statement shall be sent or brought with the cash deposit.
(9) 
Such other information as the Town deems necessary.
B. 
Schedule of deposits. The schedule of cash deposits for use with citations issued under this section shall be as adopted by the Town Board from time to time, and such schedule shall be on file in the office of the County Sheriff and in the office of the Clerk.
C. 
Form of deposits. Deposits shall be in cash, money order or certified check to the Town Clerk or to the Clerk of Courts, Circuit Court Branch IV, who shall provide a receipt therefor.
D. 
Issuance of citation. Citations may be issued by Waukesha County Sheriff's Department officers and any other law enforcement officer or peace officer with jurisdiction in the Town of Ottawa.
E. 
Procedure. Section 66.0113(3), Wis. Stats., relating to violator's options and procedure on default, is adopted and incorporated herein by reference.
F. 
Nonexclusivity.
(1) 
Other ordinance. This section does not preclude the Board from adopting any other ordinance or providing for the enforcement of any law or ordinance relating to the same or other matter.
(2) 
Other remedies. The issuance of a citation hereunder shall not preclude the Town or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.
[Adopted 2-9-2026 by Ord. No. 2-26]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Town of Ottawa of a general and permanent nature adopted by the Town Board of the Town of Ottawa, as revised and codified and consisting of Chapters 1 through 320, are hereby approved, adopted, ordained and enacted as the Code of the Town of Ottawa, 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. 
In accordance with § 66.0103, Wis. Stats., a copy of the Code has been filed in the office of the Town 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 Town Clerk.
B. 
Additions or amendments to the Code, when adopted in such form as to indicate the intent 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 Ottawa" shall be understood and intended to include such additions and amendments.
It shall be the duty of the Town Clerk, or someone authorized and directed by the Clerk, to keep up-Iodate the certified copy of the Code required to be filed in the Clerk's office for use by the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are included as supplements to said Code book.
The Clerk of the Town of Ottawa 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 Town 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 Town of Ottawa 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) 
Section 1.17, The Joint Board of Fire Commissioners, of the 1987 Code.
(2) 
Section 12.01, License Fees, of the 1987 Code.
(3) 
Chapter 22, Cable Television, of the 1987 Code.
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 May 12, 2025.
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 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 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 Town.
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 Town Board 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 Town of Ottawa, on file in the office of the Town 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.)
[1]
Editor's Note: 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) 2-9-2026 by Ord. No. 2-26." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
C. 
Nomenclature. Throughout the Code, the following terms and titles are amended as indicated:
(1) 
The titles "Town Chairman" and "Town Chairperson" are changed to "Town Chair."
(2) 
The title "Planning Commission" is changed to "Plan Commission."
(3) 
The term "Police Department" is changed to "County Sheriff's Department."
(4) 
The title "Chief of Police" is changed to "County Sheriff." changed to "law enforcement officer."
(5) 
The term "police officer" is changed to "law enforcement officer."
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.
It shall be unlawful for anyone to change, alter or tamper with the Code in any manner which will cause the laws of the Town of Ottawa to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to a penalty as provided in§ 1-4, General penalty, of the Code.