[HISTORY: Adopted by the Common Council of
the City of Rice Lake as Title 2, Chapter 3 of the Code of Ordinances.
Amendments noted where applicable.]
A.
Officers shall have generally the powers and duties prescribed for like officers of towns and villages, except as otherwise provided, and such powers and duties as are prescribed by law and, except as to the Mayor, shall perform such duties as shall be required of them by the Council. Officers whose powers and duties are not enumerated in W.S.A. ch. 62 shall have such powers and duties as are prescribed by law for like officers or as are directed by the Council.
B.
All officers and departments may make the necessary
rules for the conduct of their duties and incidental proceedings.
C.
The general laws for the punishment of bribery, misdemeanors
and corruption in office shall apply to City officers.[1]
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State Law Reference: W.S.A. ss. 62.09(7) and
62.115.
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[1]
Editor's Note: Former Subsection D, regarding reimbursement
for court costs and attorney fees, was repealed 11-24-2009 by Ord.
No. 09-09.
A.
Combined offices.[1] The offices of City Clerk and City Treasurer are hereby
consolidated, and the duties of both offices shall be performed by
the person appointed as City Clerk-Treasurer. The Clerk-Treasurer
shall be appointed by the Mayor, subject to confirmation by a majority
vote of the elected members of the Common Council.
B.
Examination. Prior to any appointment by the Mayor,
all candidates for the office of Clerk-Treasurer shall be examined
as to their qualifications, after having made application for such
office with the Mayor, and such application shall contain the name,
age, education, experience and qualifications for the position.
C.
Qualifications. All persons making application for
the office of Clerk-Treasurer must be not less than 18 years of age
and must be residents of the State of Wisconsin.
D.
Term. The Clerk-Treasurer so selected shall hold office
for an indefinite term, subject to termination as is provided for
in W.S.A. s. 17.12(1)(c) and (d).
E.
Duties. Such person appointed to perform the duties
of the combined offices shall perform all duties required of both
offices as provided by law and such other duties as are requested
to be executed by such person by the Common Council from time to time.
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State Law Reference: W.S.A. s. 62.09(11).
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[Amended 6-25-1996 by Ord. No. 819]
The Clerk-Treasurer shall appoint a Deputy,
subject to confirmation by a majority of the Common Council, who shall
act under the Clerk-Treasurer's direction and in the Clerk-Treasurer's
absence or disability or in case of a vacancy shall perform the Clerk-Treasurer's
duties and shall have power to administer oaths and affirmations.
The Deputy shall receive such compensation as the Common Council shall
provide and hold office for an indefinite term. The Clerk-Treasurer
and the Clerk-Treasurer's sureties shall be liable on the Clerk-Treasurer's
official bond for the acts of such Deputy.
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State Law Reference: W.S.A. s. 62.09(11)(i).
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[Amended 7-25-1995 by Ord. No. 803]
A.
Appointment; term; vacancies; compensation. The office
of City Attorney shall be filled through an appointment by the Common
Council conducted during its organizational meeting held in April
1997 and every two years thereafter. If a vacancy occurs in the office
of the City Attorney prior to the expiration of the two-year term,
such vacancy shall be filled through an appointment by the Council
as soon as practicable. With the expiration of each term or the filling
of a mid-term vacancy, the Council shall set the method and amount
of compensation for the office.
[Amended 1-25-2000 by Ord. No. 00-3]
B.
Duties. The City Attorney shall conduct all of the
law business in which the City is interested as requested or unless
otherwise directed by the Common Council.
[Amended 1-25-2000 by Ord. No. 00-3]
C.
The Council may employ and compensate special counsel
to assist in or take charge of any matter in which the City is interested.
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State Law Reference: W.S.A. s. 62.09(12).
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A.
Appointment.
(1)
The Chief of Police shall be appointed by the Police
and Fire Commission and shall hold office during good behavior, subject
to suspension or removal by the Commission for cause.
(2)
The Police Chief shall serve a probationary period
of one year, unless otherwise approved for a different period by the
Police and Fire Commission.
(3)
During the probationary period, the Police and Fire
Commission may, at its option, lay off or terminate the Chief for
cause.
(4)
Upon reaching age 70 he shall be retired, unless this
requirement is waived by the Common Council.
(5)
The Chief shall be a City resident.
B.
General duties.
(1)
The Chief of Police shall have command of the Police
Department of the City under direction of the Mayor and Common Council.
He shall have general administration and control of the Department
and shall be responsible for the Department's government, efficiency
and general good conduct. He shall perform all duties prescribed to
him by laws of the state and the ordinances of the City and shall
obey all lawful written orders of the Mayor or Common Council.
(2)
The Chief of Police shall cause the public peace to
be preserved and shall arrest with or without process and with reasonable
diligence take before the proper court every person found in the City
engaged in any disturbance of the peace or violating any law of the
state or ordinance of the City. The Chief shall cooperate with other
law enforcement officers in the arrest or apprehension of persons
charged with crime.
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State Law Reference: W.S.A. s. 62.13.
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A.
Appointment.
(1)
The Fire Chief shall be appointed by the Police and
Fire Commission and shall hold office during good behavior, subject
to suspension or removal by the Commission for cause.
(2)
The Fire Chief shall serve a probationary period of
one year, unless otherwise approved for a different period by the
Police and Fire Commission.
(3)
During the probationary period, the Police and Fire
Commission may, at its option, lay off or terminate the Chief for
cause.
(4)
Upon reaching age 70 he shall be retired, unless this
requirement is waived by the Common Council.
(5)
The Chief shall be a City resident.
B.
Duties and powers. The Chief shall have general supervision
of the Fire Department personnel, apparatus and equipment. He shall
be present at fires and command all fire-fighting operations. He shall
enforce or cause to be enforced all fire prevention ordinances, laws
and regulations of the City and state. The Fire Chief may make such
further rules, regulations and policies for the government of the
Fire Department as he may deem necessary, provided that such rules
and regulations shall not be inconsistent with the laws of the State
of Wisconsin.
C.
Reports of Chief. The Chief shall submit a monthly
written report to the Common Council, and when he deems desirable,
of the condition of the apparatus and appurtenances, the number of
fires occurring since the previous report, the date of the fires and
loss occasioned thereby, the total number of active members in the
Department and resignations and expulsions from the Department. He
shall also report upon the drill and training program of the Department,
together with other pertinent information, including recommendations
of such improvements as he deems necessary for the operation of the
Department.
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State Law Reference: W.S.A. s. 62.13.
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A.
Hereafter, instead of being elected, the Assessor
of the City of Rice Lake, or assessing firm, shall be appointed by
the Mayor, subject to confirmation by a majority vote of the members-elect
of the Common Council.[1]
B.
The Assessor shall have an indefinite term of office.
C.
Confidentiality of income and expense information.
Whenever the Assessor, in the performance of the Assessor's duties,
requests or obtains income and expense information pursuant to W.S.A.
s. 70.47(7)(af), or any successor statute thereto, then such income
and expense information that is provided to the Assessor shall be
held by the Assessor on a confidential basis, except, however, that
the information may be revealed to and used by persons in the discharging
of duties imposed by law; in the discharge of duties imposed by office,
including but not limited to use by the Assessor in performance of
official duties of the Assessor's office and use by the Board of Review
in performance of its official duties; or pursuant to order of a court.
Income and expense information provided to the Assessor under W.S.A.
s. 70.47(7)(af), unless a court determines that it is inaccurate,
is, per W.S.A. s. 70.47(7)(af), not subject to the right of inspection
and copying under W.S.A. s. 19.35(1).
[Added 3-28-2000 by Ord. No. 00-1]
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State Law Reference: Public officials' oaths
and bonds, W.S.A. s. 19.01; corporation as Assessor, W.S.A. s. 62.09(1)(c);
confidentiality of income and expense information, W.S.A. s. 70.47(7)(af);
affidavit of Assessor, W.S.A. s. 70.49; Assessor certification, W.S.A.
s. 73.09; Assessors in cities, W.S.A. s. 70.05.
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[Amended 6-24-1997 by Ord. No. 844]
A.
The Health Officer shall be the Barron County Health
Officer/Director or his authorized representative.
B.
Vacancy. If a vacancy in the position of Health Officer
occurs, the Board of Health shall immediately fill the position.
C.
Responsibilities.[1]
(1)
The Health Officer shall provide such additional rules
and regulations as are necessary for the preservation of health, to
prevent the spread of communicable diseases and to cause the removal
of all objects detrimental to health and to enforce the health laws
of the State of Wisconsin, Barron County, and the City of Rice Lake.
All proposed rules and regulations shall be reported to the Common
Council by the Health Officer, and if the Council approves the same
by a vote of a majority of its members, they shall have the force
and effect of ordinances, including penalty for violation.
(2)
The Health Officer shall from time to time recommend
to the Common Council and Board of Health such sanitary measures to
be executed by the City as seem necessary and shall discharge such
other duties as may be imposed upon him by the Council by ordinance
or resolution.
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State Law Reference: W.S.A. s. 251.
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A.
Established. Pursuant to the authority granted by
W.S.A. ch. 755, there is hereby established the Municipal Court for
the City of Rice Lake, Wisconsin.
B.
Office of Municipal Judge created. Pursuant to the
authority granted by W.S.A. ch. 755, there is hereby created the office
of Municipal Judge for the Municipal Court for the City of Rice Lake,
Wisconsin.
C.
Election term. The Municipal Judge shall be elected
at large at the spring election on the even-numbered years for a term
of four years commencing on May 1 succeeding the election. The Municipal
Judge shall be subject to the Wisconsin Code of Judicial Ethics and
shall file an annual financial statement.
[Amended 11-8-2011 by Ord. No. 11-14]
D.
Salary. The salary of the Municipal Judge may be increased
for a new term prior to the beginning of the term for the Judge or
for the second year of a term before the start of the second year
of the term of the Judge, but the salary shall not be decreased during
a term of the Judge. Salaries may be paid annually or in equal installments
as determined by the Common Council, but no Judge may be paid a salary
for that portion of any term during which portion the Judge has not
executed the official bond or official oath as required by W.S.A.
s. 755.03 and filed under W.S.A. s. 19.01(4)(c), as amended.
E.
Bond; oath.
(1)
The Municipal Judge shall, after election, take and
file the official oath and at the same time execute and file an official
bond in the amount of $10,000 with the Clerk of the Circuit Court,
Barron County.
(2)
The Clerk of the Circuit Court, within 10 days after
the filing of the Judge's oath and bond, shall execute and mail to
the City Clerk-Treasurer a certified copy of the bond for the office
of Municipal Judge, which shall be filed and preserved in the Clerk-Treasurer's
office as presumptive evidence of the newly elected Judge's sureties.
(3)
The Clerk of the Circuit Court shall also file a certified
copy of the oath with the Office of Administration of Courts within
the ten-day time period.
(4)
The Municipal Judge shall not act as Judge until such
time as the oath and bond have been filed as referred by W.S.A. s.
19.01(4)(c).
F.
Jurisdiction of Municipal Court. The jurisdiction
of the City of Rice Lake Municipal Court Judge is limited to forfeitures.
This includes traffic offenses and City ordinance violations. The
Municipal Court is authorized to impose forfeitures, court costs,
state penalty assessments and miscellaneous fees related to the cost
of prosecution. The Municipal Judge shall have jurisdiction as is
provided in W.S.A. s. 755.045.
G.
Procedure in Municipal Court.
(1)
The procedure in the Municipal Court for the City of Rice Lake shall be as provided by this section and state law, including, but not by way of limitation, W.S.A. chs. 62, 66, 755 and 800. Municipal Court jurisdiction is also extended to include W.S.A. ss. 938.17(2) and 938.343 and as amended.
[Amended 6-27-1995 by Ord. No. 801; 1-25-2000 by Ord. No.
00-3]
(2)
Municipal Court Clerk.
[Amended 8-8-2000 by Ord. No. 00-11]
(a)
The Municipal Judge shall, in writing, appoint such
Clerks and Deputy Clerks as are authorized by the Common Council.
The salary of the Clerk of the Municipal Court may be fixed by the
Common Council. The Clerk(s) shall, before entering upon the duties
of his office, take the oath provided by W.S.A. s. 19.01 and be placed
under a bond of $10,000, the cost of which shall be borne by the City.
Oath and bonds of the Clerk of the Municipal Court shall be filed
with the City Clerk-Treasurer.
(b)
The Clerk of the Municipal Court shall accept bonds
for appearance, collect forfeitures and other costs assessed by the
Court and conduct all other administrative business under the Court's
jurisdiction.
(c)
The Municipal Judge shall keep his office and hold
court sessions in the City Hall or at a location as determined by
the Common Council. Court sessions shall be scheduled during regular
working hours and at such other times as may be necessary at the discretion
of the Court.
H.
Fees.
(1)
All funds collected by the Court shall be receipted
as Municipal Court revenue.
[Amended 8-8-2000 by Ord. No. 00-11]
(2)
The Clerk-Treasurer shall collect all forfeitures
and costs in any action or proceeding before the Municipal Court.
[Amended 8-8-2000 by Ord. No. 00-11]
(3)
Under W.S.A. s. 814.65(1), in a Municipal Court action,
except for a financial responsibility violation under W.S.A. s. 344.62(2)
or for a violation of an ordinance in conformity with W.S.A. s. 343.51(1m)(b)
or W.S.A. 347.48(2m), the Municipal Judge shall collect a fee of not
less than $15 nor more than $38 on each separate matter, whether it
is on a default of appearance, a plea of guilty or no contest, on
issuance of a warrant or summons or the action is tried as a contested
matter.
[Amended 1-13-1998 by Ord. No. 858; 1-25-2000 by Ord. No.
00-3; 5-9-2006 by Ord. No. 06-02; 1-28-2014 by Ord. No. 14-01]
I.
Council may abolish Municipal Court. The City Council
may by ordinance or by law abolish the Municipal Court at the end
of any term for which the Judge has been elected.
J.
Contempt of Court.
(1)
The Municipal Judge may punish for contempt of Municipal
Court persons guilty of any of the following acts. "Contempt of court"
means intentional:
(a)
Misconduct in the presence of the Court which interferes
with the Court proceeding or with the administration of justice or
which impairs the respect due the Court.
(b)
Disobedience, resistance or obstruction of the authority,
process or order of the Court (including refusal to pay a court-imposed
forfeiture).
(c)
Refusal as a witness to appear, be sworn or answer
a question.
(d)
Refusal to produce a record, document or other object.
(e)
The act of unlawfully detaining within Barron County
any witness or party to an action while going to, remaining at or
returning from Court where such action has been set for hearing or
trial and any other unlawful interference with the process or proceedings
in any action within the County of Barron.
(2)
Contempt committed in the immediate view and presence
of the Municipal Judge, and after the party so charged being heard
in his defense, may be punished summarily. In other cases the party
shall be notified of the accusation and have a reasonable time to
make his defense.
[Amended 8-8-2000 by Ord. No. 00-11]
(3)
The Municipal Judge may, upon finding any person guilty
of contempt of court, order such person to forfeit not more than $50.
In default of payment of the forfeiture and the penalty assessment
imposed by state statute, the person found guilty of contempt may
be imprisoned in the county jail not to exceed seven days.
K.
Statutes adopted by reference. Chapters 755 and 800
of the Wisconsin Statutes are hereby adopted by reference.
A.
The City Engineer shall be appointed by the Mayor,
subject to confirmation by the Common Council. The City Engineer shall
have an indefinite term of office.
B.
The City Engineer shall perform the duties as are
prescribed by law, except as otherwise determined by action of the
Common Council. He shall perform all of the City's engineering work
established by law and the Common Council, except for that work designated
by the Council for other employees or special consultants. The City
Engineer shall superintend and perform or cause to be performed all
the civil engineering required in the management and prosecution of
all the public improvements and surveying committed to his charge.
C.
It shall be the duty of the City Engineer to keep
on file in his office a record of all his official acts and doings
and also a copy of all plats of lots, blocks and sewers embraced within
the City limits, all profiles of streets, alleys and sewers and the
grades thereof and of all drafts and plans relating to bridges and
harbors and of any buildings belonging to the City and shall at the
same place keep a record of the location of all bench marks and permanent
corner stakes from which subsequent surveys shall be started, which
said records and documents shall be the property of the City and open
to the inspection of parties interested and shall be delivered over
by said Engineer to his successor. Whenever requested, the Engineer
shall make a report of all doings of his department.
[Amended 1-25-2000 by Ord. No. 00-3]
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State Law Reference: W.S.A. s. 62.14(7).
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A.
Appointment. The Street Superintendent shall be appointed
by the Mayor, subject to confirmation by the Common Council. The Street
Superintendent shall hold office for an indefinite term of office.
B.
Duties and powers. The Street Superintendent shall
have the following duties and powers. The Street Superintendent shall:
(1)
Have general charge and supervision of all public
works in the City.
(2)
Be responsible for the maintenance, repair and construction
of streets, alleys, curbs and gutters, sidewalks, bridges, street
signs, storm sewers, City buildings and structures and all machinery,
equipment and property used in any activity under his control.
(3)
Have charge of all public services, including garbage
and refuse collection and disposal, snow and ice removal, street cleaning
and flushing and mosquito and rodent control.
(4)
Perform such other activities and duties as are imposed
upon him from time to time by the Common Council.
(5)
Serve as the City Weed Commissioner.
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State Law Reference: W.S.A. ss. 66.98 and 66.99.
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A.
Appointment. The Utility Director shall be appointed
by the Utilities Commission. The Utility Director shall hold office
for an indefinite term of office.
B.
Duties. The Utility Director shall have general charge
and supervision of the City electric, water and sewer utilities. The
Utility Director shall perform such other duties as are imposed upon
him from time to time by the Utilities Commission.
C.
Division of financial responsibility between City
and utility. All hydrant rentals shall be charged to the general funds.
The upkeep, maintenance and construction work necessary for streetlighting
and lighting in public buildings shall be charged to the general funds.
All electric lights for the streets and other public buildings of
the City shall be charged to the general funds.
A.
Appointment. The Electric, Water and Sewer Utility
Superintendents shall be appointed by the Utilities Commission. The
positions shall report to the Utility Director. The Electric, Water
and Sewer Utility Superintendents shall hold office for an indefinite
term of office.
A.
The person appointed as Head of Emergency Government
Services (Civil Defense Director) shall be appointed by the Mayor,
subject to confirmation by the Common Council. The term of office
of the Head of Emergency Government Services shall be indefinite.
B.
The Head of Emergency Government Services shall promulgate
an effective program of emergency government in pursuit of the statewide
goals of the emergency government organization:
(1)
To prepare for and minimize the effect of enemy action
(civil defense) and natural or man-made disaster upon the civilian
population; and
(2)
To effectuate emergency repairs to, or the emergency
restoration of, vital public utilities and facilities destroyed or
damaged by such action or disaster.
C.
The above duties shall include preparation of emergency
government and civil defense plans, as well as the requirements set
forth in W.S.A. ch. 166.
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State Law Reference: W.S.A. s. 166.03.
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A.
Appointment. The City Planner shall be appointed by
the Mayor, subject to confirmation by the Common Council. The City
Planner shall hold office for an indefinite term of office.
B.
Duties and powers. The City Planner shall have the
following duties and powers. The City Planner shall:
(1)
Provide zoning, subdivision and site plan review assistance
for compliance with locally adopted ordinances.
(2)
Revise and update the City's various land use ordinances
as necessary.
(3)
Research necessary data and information and prepare
applications for financial assistance from state and federal agencies
as requested.
(4)
Attend Plan Commission meetings and other various
City committee, private sector, general public and governmental meetings
if the agenda warrants.
(5)
Update and revise the annual capital improvements
program and provide assistance to the appropriate committee in charge
of preparing the capital improvements program.
A.
No person shall be elected by the people to a City
office who is not at the time of his election a citizen of the United
States and of this state and an elector of the City and, in case of
a ward office, of the ward and actually residing therein.
B.
An appointee by the Mayor required to be confirmed
by the Council who shall be rejected by the Council shall be ineligible
for appointment to the same office for one year thereafter.
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State Law Reference: W.S.A. s. 62.09(2).
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City officers must observe the standards of
care imposed by W.S.A. s. 19.21 with respect to the care and custody
of official property.
[Amended 1-25-2000 by Ord. No. 00-3]
The City Administrator/Comptroller, subject
to such limitations as provided for in the resolutions and ordinances
of the City of Rice Lake and the laws of the State of Wisconsin and
those of the United States of America, shall be the Administrative
Comptroller, including but not limited to the City of Rice Lake proper
and its utilities, and is responsible directly to the Mayor and Common
Council for the proper and effective administration and management
of the City's business affairs.
