[HISTORY: Adopted by the Village Board of the Village of Shorewood 4-7-1986 by Ord. No. 1477 as Ch. 1, Art. 2 of the 1986 Code. Amendments noted where applicable.]
[Amended 2-4-1991 by Ord. No. 1596]
The Village Board shall have the power, by ordinance, to prescribe penalties for the violation of any ordinance or bylaw.
Except where another penalty is prescribed, any person who shall violate any of the provisions of this Code shall be subject to a penalty as follows:
Any person who violates any ordinance or part of an ordinance of this Code shall, upon conviction thereof, forfeit not less than $10 nor more than $2,000, 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 or house of corrections of Milwaukee County until such forfeiture and costs are paid, but not exceeding 90 days.
Any person who violates 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 $50 nor more than $3,000 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 or house of corrections of Milwaukee County until such forfeiture and costs of prosecution are paid, but not exceeding 90 days.
Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this Code shall preclude the Village from maintaining any appropriate action to prevent or remove a violation of any provision of this Code.
Posting bail. When a person is arrested and the offense charged is for the violation of any ordinance, rule, regulation, resolution or bylaw of the Village of Shorewood, the Chief of Police or his designee may take from the person arrested a recognizance upon depositing with such officer the amount thereof in money for his appearance at the court having cognizance of the offense, subject to the applicable provisions of state law. At the discretion of the Chief of Police or his designee, bail may be posted by a cash payment, bail bond, or check.
Forfeiting bail. When a person is arrested and a recognizance or bail bond or the amount thereof in money is furnished for his appearance and the magistrate or court before whom or which the accused is required to appear shall declare such recognizance or bail bond or money deposited in lieu of bail forfeited, so much of the same as is in excess of the amount necessary to satisfy the judgment by the payment of money shall be paid into the Village Treasury.
All ordinances and resolutions shall take effect and be in force from and after the date of their passage unless otherwise provided in such ordinances or resolutions.
An emergency measure is an ordinance or resolution to provide for the immediate preservation of the public peace, property, health, or safety, in which the emergency claimed is set forth and defined in a preamble thereto, subject to the provisions of Subsection B hereof. The affirmative vote of at least five members of the Village Board shall be required to pass an ordinance or resolution as an emergency measure, except as provided in Subsection B hereof.
Whenever the Village President or, in the event of his absence or inability to act, the Trustee acting in his stead pursuant to § 155-4E of the Shorewood Village Code (in consultation with the Village Manager or, in his absence, with the Chief of Police or, in his absence, the officer in command) determines that an emergency exists which threatens danger and injury to the citizens of the Village and their property and which threatens the peace, good order and government of the Village, he shall have power to impose by proclamation, without Board approval, any and all regulations necessary to preserve the peace and order of the Village, including the power to:
Impose hours of curfew upon all or any portion of the Village thereby requiring all persons to forthwith remove themselves from the public streets, alleys, parks and other public places to their respective residences; provided, however, that physicians, nurses, ambulance operators performing medical services, utility personnel maintaining essential public services, police, fire and other public employees whose services may be required during such emergency may be exempted from such curfew.
Order the closing of any business establishment anywhere within the Village for the period of the emergency, such businesses to include but not to be limited to those selling intoxicating liquors, fermented malt beverages, gasoline or firearms.
Designate any public street, thoroughfare or vehicle parking areas closed to motor vehicles and pedestrian traffic.
Call upon regular and auxiliary law enforcement personnel within and without the Village to assist in preserving and keeping the peace within the Village.
Do whatever else is necessary, in his judgment, to protect persons and property and preserve the peace, good order and government of the Village.
In the event that, because of such emergency conditions, the Village President or the Trustee acting in his stead is absent and unable to act, the Village Manager shall exercise, by proclamation, all of the powers herein conferred upon the Village President or Trustee acting in his stead which, within the discretion of the Village Manager, are necessary and expedient for the purposes hereinbefore set forth, but such proclamation of the Village Manager shall be subject to ratification, alteration, modification or repeal by the Village Board as soon as the Village Board shall be able to meet; provided, however, that such ratification, alteration, modification or repeal by the Village Board shall not affect the prior validity or force or effect of such proclamation by the Village Manager.
The proclamation of emergency provided herein shall become effective upon its issuance and dissemination to the public when posted in at least three public places in the Village or, in lieu thereof, when publicized by any of the local or metropolitan news media.
Any emergency proclaimed in accordance with the provisions of this section shall terminate upon the issuance of a proclamation by the Village President or the Trustee acting in his stead, or the Village Manager, to the effect that an emergency no longer exists and when publicized as set forth in Subsection D hereof.
Any person who shall violate the terms of this section by refusing or failing to comply with the rules and regulations established under a proclaimed emergency, or who shall fail or refuse to comply with the orders of duly authorized law enforcement officers charged with the responsibility of enforcing the provisions of an emergency proclaimed hereunder, shall be guilty of disorderly conduct and shall be subject to the penalties provided for under § 409-31 of the Shorewood Village Code.
The form of all ordinances may be substantially as follows:
Upon its final passage, each ordinance, order or resolution shall be authenticated by the signature of the President and of the Clerk and shall be recorded in a book kept for that purpose, and, within 10 days after final passage, each ordinance or resolution shall be posted or published if required by law.