[HISTORY: Adopted by the Common Council of the City of Rice Lake as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-25-2000 by Ord. No. 00-3]
Pursuant to W.S.A. s. 66.035, the various chapters and sections of the present Code of Ordinances of the City of Rice Lake, and subsequent ordinances of the City of Rice Lake of a general and permanent nature adopted by the Common Council of the City of Rice Lake, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 260, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of Rice Lake," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede the present Code of Ordinances of the City of Rice Lake and 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 legislation in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such legislation and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior legislation.
A copy of the Code, in loose-leaf form, has been filed in the office of the City Clerk-Treasurer and shall remain there for use and examination by the public for at least two weeks, in accordance with W.S.A. s. 66.035, and until final action is taken on this ordinance, and, if this ordinance shall be adopted, such copy shall be certified to by the City Clerk-Treasurer, and such certified copy shall remain on file in the office of said City Clerk-Treasurer to be made available to persons desiring to examine the same during all times while said Code is in effect.
Any and all additions, deletions, amendments or supplements to the Code, when adopted in such form as to indicate the intention 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 Rice Lake" shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto.
The Clerk-Treasurer of the City of Rice Lake, pursuant to law, shall cause to be published, in the manner required by law, a copy of this Adoption Ordinance. Sufficient copies of the Code shall be maintained in the office of the Clerk-Treasurer for inspection by the public at all times during regular office hours. The enactment and publication of this ordinance, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
It shall be the duty of the City Clerk-Treasurer, or someone authorized and directed by the Clerk-Treasurer, to keep up-to-date the certified copy of the book containing the Code required to be filed in the Clerk-Treasurer'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 printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk-Treasurer or an authorized agent of the Clerk-Treasurer upon the payment of a fee to be set by the Common Council. The Clerk-Treasurer may also arrange for procedures for the periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Rice Lake to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a fine of not more than $500, in the discretion of the Judge imposing the same.
Each section 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.
Each section of this ordinance is an independent section, and the holding of any section or 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.
All ordinances or parts of ordinances of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this Adoption Ordinance, except as hereinafter provided.
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 9, 1999.
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, changing name, 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. 
Charter ordinances.
O. 
Water and sewer rates, rules and regulations.
A. 
In compiling and preparing the ordinances for publication as the Code of the City of Rice Lake, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections B and C hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the City Council that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
B. 
The following changes are made throughout the Code:
(1) 
All specific fees are removed and replaced with a reference to the fee schedule adopted as part of the annual budget document.
(2) 
References to the "Clerk" and "Treasurer" are amended to "Clerk-Treasurer."
(3) 
References to the "Street Commissioner" and "Superintendent of Streets" are amended to "Street Superintendent."
(4) 
References to the "Building Inspector" and "Superintendent of Inspections" are amended to "Inspection Department."
(5) 
References to the "Board of Zoning Appeals" and "Board of Appeals" are amended to "Zoning Board of Appeals."
(6) 
References to the "Planning Commission" are amended to "Plan Commission."
(7) 
References to the "Utility Commission" are amended to "Utilities Commission."
(8) 
References to the "Parks and Recreation Board" are amended to "Board of Parks, Recreation and Cemeteries"; references to the "Park Recreation Director" are amended to "Director of Parks, Recreation and Cemeteries"; and references to the "Parks and Recreation Department" are amended to "Department of Parks, Recreation and Cemeteries."
(9) 
References to the "Department of Health and Social Services" are amended to "Department of Health and Family Services."
(10) 
References to the "Department of Industry, Labor and Human Relations" are amended to "Department of Industry, Labor and Job Development."
C. 
In addition, the amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-14C, the sections which were added, amended or deleted by this ordinance are indicated throughout the Code by a footnote referring to Ch. 1, General Provisions, Art. I. During routine supplementation, footnotes indicating amendments, additions and deletions will be replaced with the following wording: "Amended/Added/Repealed 1-25-2000 by Ord. No. 00-3." A complete description of all changes is on file in the City offices.
This ordinance shall take effect upon passage and publication as required by law.
[Adopted as Title 1 of the Code of Ordinances]
These collected ordinances shall be known and referred to as the "Code of the City of Rice Lake, Wisconsin." References to the Code of the City of Rice Lake, Wisconsin, shall be cited as follows: "§ 29-1 of the Code of the City of Rice Lake, Wisconsin."
The following rules or meanings shall be applied in the construction and interpretation of ordinances, unless such application would be clearly inconsistent with the plain meaning or intent of the ordinances:
A. 
Acts by agents. When an ordinance requires that an act be done by a person which may be legally performed by an authorized agent of that principal person, the requirement shall be construed to include all acts performed by such agents.
B. 
Code and Code of Ordinances. The words "Code," "Municipal Code" and "Code of Ordinances," when used in any section of this Code, shall refer to this Code of the City of Rice Lake unless the context of the section clearly indicates otherwise.
C. 
Computation of time. In computing any period of time prescribed or allowed by these ordinances, the day of the act or event from which the period of time begins to run shall not be included, but the last day of the period shall be included, unless it is a Saturday, a Sunday or a legal holiday. If the period of time prescribed or allowed is less than seven days, Saturdays, Sundays and legal holidays shall be excluded in the computation. As used in this subsection, "legal holiday" means any statewide legal holiday specified by state law and any other City holiday designated by the Common Council.
D. 
Fine. The term "fine" shall be the equivalent of the word "forfeiture," and vice versa.
E. 
Gender. Every word in these ordinances referring to the masculine gender shall also be construed to apply to females, and vice versa.
F. 
General rule. Words and phrases shall be construed according to their plain meaning in common usage. However, words or phrases with a technical or special meaning shall be understood and construed according to that technical or special meaning if such is the intent of the ordinances.
G. 
Joint authority. All words purporting to give a joint authority to three or more City officers or employees shall be construed as giving such authority to a majority of such officers or other persons.
H. 
Person. The word "person" shall mean any of the following entities: natural persons, corporations, partnerships, associations, bodies politic or any other entity of any kind which is capable of being sued.
I. 
Repeal. When any ordinance having the effect of repealing a prior ordinance is itself repealed, such repeal shall not be construed to revive the prior ordinance or any part thereof, unless expressly so provided.
J. 
Singular and plural. Every word in these ordinances referring to the singular number only shall also be construed to apply to several persons or things, and every word in these ordinances referring to a plural number shall also be construed to apply to one person or thing.
K. 
Tense. The use of any verb in the present tense shall not preclude the interpretation of the verb in the future tense where appropriate.
L. 
Wisconsin statutes. The term "Wisconsin statutes" and its abbreviation as "W.S.A." shall mean, in these ordinances, the Wisconsin statutes as of the adoption of this Code, as amended or renumbered from time to time.
[Amended 1-25-2000 by Ord. No. 00-3]
M. 
Wisconsin Administrative Code. The term "Wisconsin Administrative Code" and its abbreviation as "Wis. Adm. Code" shall mean the Wisconsin Administrative Code as of the adoption of this Code, as amended or renumbered from time to time.
State Law Reference: W.S.A. s. 895.20 (legal holidays).
A. 
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.
B. 
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.[1]
[1]
Editor's Note: Original Sec. 1-1-4, Separability of provisions, which immediately followed this subsection, was deleted 1-25-2000 by Ord. No. 00-3.
A. 
Code. The Code of the City of Rice Lake, Wisconsin, shall take effect from and after passage and publication as provided by state law.
B. 
Subsequent ordinances. All ordinances passed by the Common Council subsequent to the adoption of the Code, except when otherwise specifically provided, shall take effect from and after their publication.[1]
State Law Reference: W.S.A. s. 66.035 (municipal code).
[1]
Editor's Note: Original Sec. 1-1-6, Repeal of general ordinances, which immediately followed this subsection, was deleted 1-25-2000 by Ord. No. 00-3.
A. 
General penalty. Except where a penalty is provided elsewhere in this Code, any person 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 shall, upon conviction thereof, forfeit not less than $5 nor more than $500, together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 90 days.
(2) 
Second offense penalty. Any person found guilty of violating any ordinance or part of an ordinance 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 $20 nor more than $1,000 for each such offense, together with costs of prosecution, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until such forfeiture and costs of prosecution are paid, but not exceeding six months.
B. 
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.
C. 
Other remedies.
(1) 
The City shall have any and all other remedies afforded by the Wisconsin statutes in addition to the forfeitures and costs of prosecution above.
(2) 
Execution against defendant's property. 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 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.
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 City Clerk-Treasurer shall maintain in his office a copy of any such material as adopted and as amended from time to time. Materials on file at the City Clerk-Treasurer's office shall be considered public records open to reasonable examination by any person during the office hours of the City Clerk-Treasurer, subject to such restrictions on examination as the Clerk-Treasurer imposes for the preservation of the material.
[1]
Editor's Note: Former § 1-22, Jurisdiction of Municipal Court of juveniles, was deleted from this chapter 9-7-2004 by Ord. No. 04-7 and included as § 179-1.
A. 
Method of enforcement. The City of Rice Lake hereby elects to use the citation method of enforcement of ordinances.
B. 
Information contained in citation. The citation shall contain the following:
(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 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) 
A cash deposit based on the schedule established by this chapter may be made which shall be delivered or mailed to the Clerk of the Municipal Court or Chief of Police prior to the time of the scheduled court appearance.
(b) 
If a deposit is made, no appearance in court is necessary unless he is subsequently summoned.
(c) 
If a cash deposit is made and the alleged violator does not appear in court, he will be deemed to have entered a plea of no contest, or, if the court does not accept the plea of no contest, a summons will be issued commanding him to appear in court to answer the complaint.
(d) 
If no cash deposit is made and the alleged violator does not appear in court at the time specified, an action may be commenced to collect the forfeiture.
(e) 
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 W.S.A. s. 800.093.
[Added 1-25-2000 by Ord. No. 00-3]
(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 B(7) above has been read. Such statement shall be sent or brought with the cash deposit.
(9) 
Such other information as the City deems necessary.
C. 
Form of citation. The form of the citation to be used by the City is on file in the City Clerk-Treasurer's office and is adopted by reference as though fully set forth herein.
D. 
Schedule of deposits.
(1) 
The schedule of cash deposits shall be established for use with citations issued under this chapter by the Municipal Court according to the penalty provision of this Code.
(2) 
Deposits shall be made in cash, money order or certified check to the Clerk of the Municipal Court, who shall provide a receipt therefor.
E. 
Issuance of citation.
(1) 
Law enforcement officer. Any law enforcement officer may issue citations authorized under this chapter.
(2) 
City officials. The following City officials may issue citations with respect to those specified ordinances which are directly related to their official responsibilities:
(a) 
Any police officer.
(b) 
Inspection Department.
(c) 
Fire Chief.
(d) 
Gas Safety Inspector.
(e) 
City Attorney.
(f) 
Health Officer.
(3) 
Delegated authority. The City officials named in Subsection E(2) above may delegate their authority to issue citations to their subordinates.
F. 
Procedure. Section 66.119(3) of the Wisconsin statutes, relating to the violator's options and procedure on default, is hereby adopted and incorporated herein by reference.
G. 
Nonexclusivity.
(1) 
Other ordinance. Adoption of this section does not preclude the Common Council from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter.
(2) 
Other remedies. The issuance of a citation hereunder shall not preclude the City 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.