(1) 
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.
(2) 
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.
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 Village Clerk shall maintain a copy of any such material as adopted and as amended from time to time. Materials on file with the Village Clerk shall be considered public records open to reasonable examination by any person during the office hours of the Village Clerk, subject to such restrictions on examination as the Clerk imposes for the preservation of the material.
(1) 
Each elected or appointed official is the legal custodian of his or her records and records of his or her office, but the official may designate the Village Clerk to act as the legal custodian.
(2) 
Unless provided in Section 1.03(3), the Village Clerk or Village Clerk’s designee shall act as legal custodian for the Village for any committees, commissions, boards, or other authorities created by Ordinance or resolution of the Village Board. The following offices or authorities shall have the following legal custodians of records and individuals so named:
Authority
Designated Legal Custodian
General Village Records
Village Clerk
Department of Public Works
Director of Public Works
Police Department
Chief of Police
Fire District
Fire Chief & Fire District Secretary
EMS District
EMS Chief & EMS District Secretary
(3) 
For every authority not specified in Section 1.03(1) and (2), the authority’s chief administrative officer is the legal custodian for the authority, but the officer may designate an employee of his or her staff to act as legal custodian.
(4) 
Each legal custodian shall name a person to act as legal custodian in his or her absence, or in the absence of his or her designee, and each legal custodian shall send notice of the designated deputy to the Village Clerk.
(5) 
The Village Clerk shall establish criteria for establishing the records system and shall cause the department/office records system to be reviewed on an annual basis.
(6) 
Each officer and employee of the Village shall safely keep and preserve all records received from his or her predecessor or other persons and required by law to be filed, deposited or kept or which are in the lawful possession or control of the officer or employee or his or her deputies, or to the possession or control of which he or she or they may be lawfully entitled as such officers or employees.
(7) 
Upon the expiration of an officer's term of office or an employee's term of employment, or whenever the office or position of employment becomes vacant, each such officer or employee shall deliver to his or her successor all records then in his or her custody and the successor shall receipt therefor to the officer or employee, who shall file said receipt with the Village Clerk. If a vacancy occurs before a successor is selected or qualifies, such records shall be delivered to and receipted for by the Village Clerk, on behalf of the successor, to be delivered to such successor upon the later's receipt.
(1) 
Except as provided in Section 1.05(8), any person has a right to inspect a record and to make or receive a copy of any record as provided in Section 19.35(1), Wis. Stats.
(2) 
Records will be available for inspection and copying during regular office hours.
(3) 
If regular office hours are not maintained at the location where records are kept, the records will be available for inspection and copying with at least forty-eight (48) hours' advance notice of intent to inspect or copy.
(4) 
A requestor shall be permitted to use facilities comparable to those available to Village employees to inspect, copy or abstract a record.
(5) 
The legal custodian may require supervision during inspection or may impose other reasonable restrictions on the manner of access to an original record if the record is irreplaceable or easily damaged.
(6) 
The fee for copying records is as prescribed in the fee resolution adopted by the Village Board and as follows:
(a) 
If the form of a written record does not permit copying, the actual and necessary cost of photographing and photographic processing shall be charged.
(b) 
The actual full cost of providing a copy of other records not in printed form on paper, such as films, computer printouts, audiotapes, and videotapes, shall be charged.
(c) 
If mailing or shipping is necessary, the actual cost thereof shall also be charged.
(d) 
There shall be no charge for locating a record unless the record is not immediately or reasonably available, in which case the actual cost shall be determined by the legal custodian and billed to the requester.
(e) 
The legal custodian shall estimate the cost of all applicable fees and shall require a cash deposit adequate to assure payment of such fees.
(f) 
Elected and appointed officials of the Village shall not be required to pay for public records they may reasonably require for the proper performance of their official duties.
(g) 
The legal custodian may provide copies of a record without charge or at a reduced charge where he or she determines that waiver or reduction of the fee is in the public interest.
(7) 
Access procedures.
(a) 
A request to inspect or copy a record shall be made to the legal custodian. A request shall be deemed sufficient if it reasonably describes the requested record or the information requested. However, a request for a record without a reasonable limitation as to subject mater or length of time represented by the record does not constitute a sufficient request. A request may be made orally, but a request must be in writing before an action to enforce the request commences under Section 19.37, Wis. Stats. Except as provided below, no request may be refused because the person making the request is unwilling to be identified or to state the purpose of the request. No request may be refused because the request is received by mail unless prepayment of a fee is required under Section 1.05(6) of this ordinance. A requester may be required to show acceptable identification whenever the requested record is kept at a private residence or whenever security reasons or federal law or regulations are so required.
(b) 
Each custodian, upon request for any record, shall, as soon as practicable and without delay, either fill the request or notify the requester of the authority's determination to deny the request in whole or in part and the reasons therefor. If the legal custodian, after conferring with the Village Attorney, determines that a written request is so general as to be unduly time consuming, the party making the request may first be required to itemize his or her request in a manner which would permit reasonable compliance.
(c) 
A request for a record may be denied as provided in Section 1.05(8) of this ordinance. If a request is made orally, the request may be denied orally unless a demand for a written statement of the reasons for denying the request is made by the requester within five (5) business days of the oral denial. If a written request is denied in whole or in part, the requester shall receive a written statement of the reasons for denying the request. Every written denial of a request shall inform the requester that, if the request for the record was made in writing, then the determination is subject to review upon petition for a writ of mandamus under Section 19.37(1), Wis. Stats., or upon application to the Attorney General or a district attorney.
(8) 
Limitations on right to access.
(a) 
As provided in Section 19.36, Wis. Stats., the following records are exempt from inspection under this chapter:
1. 
Records specifically exempted from disclosure by state or federal law or authorized to be exempted from disclosure by state law.
2. 
Any record relating to investigative information obtained for law enforcement purposes if federal law or regulations require exemption from disclosure or if exemption from disclosure is a condition to receipt of aids by the state.
3. 
Computer programs and files, although the material used as input for a computer program/file, or the material produced as a product of the computer program is subject to inspection.
4. 
A record or portion of a record containing information qualifying as a trade secret as defined in Section 134.90(1)(c), Wis. Stats.
(b) 
As provided by Section 43.30, Wis. Stats., public library circulation records are exempt from inspection under this section.
(c) 
In responding to a request for inspection or copying of a record which is not specifically exempt from disclosure, the legal custodian, after conferring with the Village Attorney, may deny the request, in whole or in part, only if he or she determines that the harm to the public interest resulting from disclosure would outweigh the public interest in full access to the requested record. Examples of matters for which disclosure may be refused include but are not limited to the following:
1. 
Records obtained under official pledges of confidentiality were necessary and given to obtain the information contained in them.
2. 
Pursuant to Section 19.85(1)(a), Wis. Stats., records of current deliberations after a quasi-judicial hearing.
3. 
Pursuant to Section 19.85(1)(b) and (c), Wis. Stats., records of current deliberations concerning employment, dismissal, promotion, demotion, compensation, performance, or discipline of any Village officer or employee, or the investigation of charges against a Village officer or employee, unless such officer or employee consents to such disclosure.
4. 
Pursuant to Section 19.85(1)(d), Wis. Stats., records concerning current strategy for crime detection or prevention.
5. 
Pursuant to Section 19.85(1)(e), Wis. Stats., records of current deliberations or negotiations on the purchase of Village property, investing of Village funds, or other Village business whenever competitive or bargaining reasons require nondisclosure.
6. 
Pursuant to Section 19.85(1)(f), Wis. Stats., financial, medical, social or personal histories or disciplinary data of specific persons which, if disclosed, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such history or data.
7. 
Pursuant to Section 19.85(1)(g), Wis. Stats., communications between legal counsel for the Village and any officer, agent or employee of the Village, when advice is being rendered concerning strategy with respect to current litigation in which the Village or any of its officers, agents or employees is or is likely to become involved, or communications which are privileged under Section 905.03, Wis. Stats.
8. 
Pursuant to Section 19.85(1)(h), Wis. Stats., requests for confidential written advice from an ethics board and records of advice given by such ethics board on such requests.
(d) 
If a record contains information that may be made public and information that may not be made public, the custodian of the record shall provide the information that may be made public and redact the information that may not be made public from the record before release. The custodian shall confer with the Village Attorney prior to releasing any such record and shall follow the guidance of the Village Attorney when separating out the exempt material. If, in the judgment of the custodian and the Village Attorney, there is no feasible way to separate the exempt material from the nonexempt material without unreasonably jeopardizing nondisclosure of the exempt material, the entire record shall be withheld from disclosure.
(1) 
Purpose. Pursuant to Section 19.21, Wis. Stats., this ordinance authorizes the transfer or destruction of obsolete records.
(2) 
General retention period. Unless a different retention period is specifically adopted in the Records Retention Schedule or required by Wisconsin Statutes, all records shall be retained at least seven (7) years before destruction.
(3) 
Records retention schedule. The schedule of retention periods differing from the period prescribed in Subsection (2) above shall be listed in the Records Retention Schedule of the Village of Belleville, which is adopted by reference as though fully set forth in this ordinance. The official copy of the Records Retention Schedule shall be on file in the office of the Village Clerk, who shall keep the same current at all times by such revision as is required by additions, deletions, and amendments adopted by the Village Board by ordinance from time to time.
(4) 
Notification of state historical society. At least sixty (60) days prior to the destruction of any records pursuant to this section, the legal custodian shall notify the State Historical Society of Wisconsin in writing, unless the State Historical Society has waived notice for the type of records to be destroyed as indicated in the Records Retention Schedule.
(5) 
Destruction pending litigation. Notwithstanding the above, no record subject to pending litigation shall be destroyed until the litigation is resolved.
Village officers are empowered to destroy the following Police Department or Municipal Court records as provided below:
(1) 
Transcripts or other recordings of municipal court trials. Audio and/or video recordings of trials or juvenile matters in Municipal Court shall be kept until the time has expired for taking an appeal of such matters to the Circuit Court for Dane or Green County. Upon the expiration of such period, Village officers are empowered to dispose of, erase, destroy, or reuse any such recording materials and to destroy any written transcript made from such recording materials or proceedings.
(2) 
Municipal court or traffic ordinance violation case files. All court papers or written court records in the possession of the Municipal Court or the Police Department in proceedings commenced by the issuance of Municipal Court citations or pleadings shall be kept for six (6) years after the entry of final judgment.
(3) 
Police department records. The Chief of Police being the legal custodian for records kept by the police department may destroy records, in accordance with Section 1.05, which are considered obsolete, but not less than seven (7) years after the record was effective, unless another period has been set by statute or ordinance, and then after such a period, or unless a shorter period has been fixed by the State Public Records Board pursuant to Section 16.61(3)(e), Wis. Stats., and then after such a shorter period, except for the following record categories, which are to be retained as provided herein:
(a) 
Death investigation records: permanent.
(b) 
Sex offense related investigation: equals expiration of the applicable time limitation on prosecution; or seven (7) years, whichever is longer.
(c) 
Open investigation records of criminal or ordinance violations not involving records identified in Subsection (3)(a): event plus one year; "event" equals expiration of the applicable time limitation on prosecution; or seven (7) years, whichever is longer.
(d) 
Closed investigation records of crime or ordinance violations not involving records identified in Subsection (3)(a): event plus one (1) year; "event" equals conclusion of all appeals; or seven (7) years, whichever is longer.
(e) 
Audio and video recordings: pursuant to Section 165.87, Wis. Stats. event plus one hundred twenty (120) days; "event" equals date of recording; provided that if required for the purposes listed in Subsection (3)(a) through (c), the retention schedule for the applicable subsection shall apply.
(1) 
Code. The Code of Ordinances, Village of Belleville, Wisconsin, shall take effect as provided by state law.
(2) 
Subsequent Ordinances. All ordinances passed by the Village Board after the adoption of the Code of Ordinances, except when otherwise specifically provided, shall take effect from and after their publication.
(1) 
General penalty. Except where a penalty is provided elsewhere in this Code:
(a) 
First offense. Any person who is found to be guilty of having violated any provision of this Code shall be subject to a forfeiture of not less than twenty dollars ($20) nor more than one thousand dollars ($1,000.00); shall be ordered to pay all costs, fees, penalties, assessments, surcharges, and other charges which are or can be imposed by state law; and shall be ordered to pay the costs of prosecution whenever such costs are allowed by state law. Upon default of payment of any sum ordered by a court to be paid, the court may take any further action permitted by state law.
(b) 
Second and subsequent offenses. Any person who is found to be guilty of having violated any provision of this Code who previously was convicted of violating the same provision, and such prior violation occurred within one (1) year of the subsequent violation, shall be subject to a forfeiture of not less than thirty dollars ($30) nor more than one thousand dollars ($1,000.00); shall be ordered to pay all costs, fees, penalties, assessments, surcharges, and other charges which are or can be imposed by state law; and shall be ordered to pay the costs of prosecution whenever such costs are allowed by state law. Upon default of payment of any sum ordered by a court to be paid, the court may take any further action permitted by state law.
(c) 
Continued violations. Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this Code shall preclude the Village from taking any appropriate action to prevent or remove a violation of any provision of this Code.
(2) 
Other remedies. The Village shall have all other remedies afforded by the Wisconsin Statutes in addition to the forfeitures and costs of prosecution above.
The Village of Belleville hereby elects to adopt and authorize the use of citations to be issued for violations of ordinances, including ordinances for which a statutory counterpart exists.
(1) 
Citations authorized in Section 1.09 above may be issued by law enforcement officers of the Village and by the following designated Village officials with respect to sections of the Code which are directly related to the official's area of responsibility. The officials granted authority to issue citations under this Section may delegate the authority to other Village Officers with the approval of the Village Board.
(a) 
Director of Public Works.
(b) 
Building Inspector.
(c) 
Fire Inspector.
(d) 
Weed Commissioner.
(e) 
Zoning Administrator.
Each citation shall contain the information required by state law and may contain additional information as may be deemed necessary by the Village Board or the Municipal Judge.
(1) 
The cash deposits for the various ordinances for which a citation may be issued are as established on the deposit schedule established by the Municipal Judge and approved by the Village Board, a copy of which is on file with the Village Clerk.
(2) 
Deposits shall be made in cash, money order, personal check, certified check or via electronic payment if applicable to the Court Clerk. If deposits made electronically incur a processing fee, such fee shall be absorbed by the individual or entity responsible for making the deposit. Receipt shall be given for all deposits received.
(1) 
Other ordinance. Adoption of this ordinance does not preclude the Village Board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other mater.
(2) 
Other remedies. The issuance of a citation hereunder shall not preclude the Village 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.