[HISTORY: Adopted by the Town Board of the
Town of Ledgeview as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-14-2000]
Pursuant to W.S.A. s. 66.035,[1] the ordinances of the Town of Ledgeview of a general and permanent nature adopted by the Town Board of the Town of Ledgeview, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 135, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Ledgeview," hereinafter referred to as the "Code."
[1]
Editor's Note: W.S.A. s. 66.035 was repealed
by 1999 Act 150, § 86, effective 1-1-2001. See now W.S.A.
s. 66.0103.
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 copy of the Code, in loose-leaf form, has
been filed in the office of the Town Clerk 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,[1] and until final action is taken on this ordinance, and,
if this ordinance shall be adopted, such copy shall be certified to
by the Town Clerk, and such certified copy shall remain on file in
the office of said Town Clerk to be made available to persons desiring
to examine the same during all times while said Code is in effect.
[1]
Editor's Note: W.S.A. s. 66.035 was repealed
by 1999 Act 150, § 86, effective 1-1-2001. See now W.S.A.
s. 66.0103.
Any and all additions, deletions, amendments
or supplements to the Code, when adopted in such form as to indicate
the intention 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 Ledgeview" 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 of the Town of Ledgeview, 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 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 Town Clerk, or someone
authorized and directed by the Clerk, to keep up-to-date the certified
copy of the book containing 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 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 or an authorized agent of the
Clerk upon the payment of a fee to be set by the Town Board. The Clerk
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 Town of Ledgeview 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 June 1, 2000.
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 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.
Charter ordinances.
O.
Water and sewer rates, rules and regulations.
P.
An ordinance adopted October 4, 1995, adopting the
Uniform Dwelling Code by reference.
A.
In compiling and preparing the ordinances for publication as the Code of the Town of Ledgeview, 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 Town Board 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)
References to the "Town of De Pere" are amended to
read "Town of Ledgeview."
(2)
All specific fees and fines are removed and replaced with a reference to the schedule set forth in Chapter 1 of the Code.
(3)
References to the "Department of Health and Social
Services" are amended to read "Department of Health and Family Services."
(4)
References to the "Department of Industry, Labor and
Human Relations" are amended to read "Department of Industry, Labor
and Job Development."
(5)
References to the "Zoning Administrator" are amended
to refer to the "Zoning Administrator or designee."
C.
In addition, the amendments and/or additions as set
forth in Schedule A[1] 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]
Editor's Note: In accordance with § 1-14C, the articles and sections which were amended or adopted by this ordinance are indicated through the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments or additions will be replaced with the following history: "Amended (adopted) 11-14-2000." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
This ordinance shall take effect upon passage
and publication as required by law.
[Adopted 11-14-2000; amended in its entirety 4-17-2001 by Ord. No.
2001-100]
Fees and penalties shall be as follows for the
enumerated chapters and sections of this Code:
A.
Schedule.
[Amended 2-2-2004 by Ord. No. 2004-001; 12-20-2005 by Ord. No.
2005-022; 4-2-2007 by Ord. No. 2007-008; 9-16-2008 by Ord. No.
2008-017; 12-16-2008 by Ord. No. 2008-021; 12-16-2008 by Ord. No.
2008-024; 2-18-2009 by Ord. No. 2009-003; 10-20-2009 by Ord. No.
2009-039]
(3)
Chapter 71, Parks and Recreation Facilities, Activities, Programs and Personnel Regulations. Penalty shall be no less than $10
nor more than $400.
(7)
[2]
Editor's Note: This ordinance also redesignated former Subsection
A(7), (8) and (9) as Subsection A(8), (9) and (10).
B.
General penalty. Except where a penalty is provided
elsewhere in this Code, any person who shall violate any of the sections
of this Code shall, upon conviction of such violation, be subject
to a penalty, which shall be as follows:
(1)
First offense. Any person who shall violate any section
of this Code shall, upon conviction thereof, forfeit not less than
$25 or more than $1,000, together with statutory court costs and any
applicable statutory assessments and, in default of payment of such
forfeiture, costs and assessments, shall be imprisoned in the county
jail until such forfeiture, costs and assessments are paid, but not
exceeding 90 days; provided, however, that imprisonment under this
subsection shall be imposed only in accordance with the provisions
of W.S.A. ss. 800.09 and 800.095.
(2)
Second offense. Any person who shall violate any section
of this Code shall, upon conviction thereof, forfeit not less than
$50 or more than $1,000, together with statutory court costs and any
applicable statutory assessments and, in default of payment of such
forfeiture, costs and assessments, shall be imprisoned in the county
jail until such forfeiture, costs and assessments are paid, but not
exceeding 90 days; provided, however, that imprisonment under this
subsection shall be imposed only in accordance with the provisions
of W.S.A. ss. 800.09 and 800.095.
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 Town from maintaining any
appropriate action to prevent or remove a violation of any section
of this Code.
D.
Other remedies. The Town shall have any and all other
remedies afforded by state law in addition to the forfeitures, court
costs and assessments provided for in this section.
A.
The Town elects to use the citation method of enforcement
of this Code and other Town ordinances.
B.
Citations authorized in Subsection A of this section may be issued by law enforcement officers authorized by the Town and by the Town officials designated in this section with respect to sections of this Code which are directly related to the official's area of responsibility. (The following officials who are granted authority to issue citations under this section may delegate the authority to other Town employees within the designated official's department with the approval of the Town Board):
(1)
Building Inspector.
(2)
Town Engineer.
(3)
Town Administrator.
(4)
Fire Inspector.
[Added 1-16-2007 by Ord. No. 2006-017]
(5)
Code Enforcement Officer.
[Added 8-19-2008 by Ord. No. 2008-013]
(6)
Zoning Administrator.
[Added 8-19-2008 by Ord. No. 2008-013]
(7)
Brown
County Sheriff and Sheriff's deputies.
[Added 9-21-2010 by Ord. No. 2010-011]
The form of the citation to be issued by police officers authorized by the Town or other designated Town officials, as authorized by § 1-17, is incorporated in this section by reference and shall provide for the following information:
A.
The name, address, date of birth and physical description
of the alleged violator.
B.
The factual allegations describing the alleged violation.
C.
The date and place of the offense.
D.
The section of this Code violated.
E.
A designation of the offense in such manner as can
be readily understood by a person make a reasonable effort to do so.
F.
The time at which the alleged violator may appear
in court.
G.
A statement which in essence informs the alleged violator
that:
(1)
The alleged violator may make a cash deposit of a
specified amount to be mailed to a specified official within a specified
time.
(2)
If the alleged violator makes such a deposit, he need
not appear in court unless subsequently summoned.
(3)
If the alleged violator makes a cash deposit and does
not appear in court, he will be deemed to have tendered a plea of
no contest and submitted to a forfeiture and a penalty assessment
imposed by W.S.A. s. 165.87, jail assessment imposed by W.S.A. s.
302.46(1) and any applicable domestic abuse assessment imposed by
W.S.A. s. 973.055(10) 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.
(4)
If the alleged violator does not make a cash deposit
and does not appear in court at the time specified, an action may
be commenced against the alleged violator to collect the forfeiture
and the penalty assessment imposed by W.S.A. s. 165.87, the jail assessment
imposed by W.S.A. s. 302.46(1) and any applicable domestic abuse assessment
imposed by W.S.A. s. 973.055(1).
(5)
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.
H.
A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he read the statement required under Subsection G of this section and shall send the signed statement with the cash deposit.
I.
Such other information as may be deemed necessary.
[Added 1-20-2009 by Ord. No. 2009-004; amended 12-6-2021 by Ord. No. 2021-21]
A.
All Town fees are set forth on the Fee Schedule attached
as Exhibit Two[1], which exhibit is incorporated herein by this reference,
and including any other fees which may be specifically designated
by state statue or Town ordinance. All fee amounts listed on Exhibit
Two supersede any other fees listed in the Town of Ledgeview Municipal
Code.
[1]
Editor's Note: Said Exhibit Two is on file in the Town offices.
B.
This fee
schedule may be amended by resolution of the Town of Ledgeview Town
Board in accordance with the statutory authority provided in Chapter
66 of the Wisconsin Statutes.
[Added 7-5-2011 by Ord. No. 2011-007]
A.
Delinquent
payments. In addition to any other requirements, as a condition of
obtaining, renewing, or keeping any license or permit issued by the
Town of Ledgeview, all property taxes, assessments, special assessments,
special charges, fines, including, but not limited to, municipal forfeitures,
shall be paid on a current basis. This condition shall apply personally
to the person or entity obligated to make any such payment and shall
also act as a bar to the issuance, renewal or keeping of any license
or permit to conduct activities on a property upon which a lien of
any kind exists for failure to make any payments specified herein,
unless such person or entity shall make arrangements satisfactory
to the Town Board to pay such debts.
[Amended 6-17-2014 by Ord. No. 2014-012]
B.
Nonissuance. If, upon application for any license or permit, it is discovered that payments are owed as specified in Subsection A, the Town Clerk shall promptly notify the applicant in writing by regular mail of the delinquency and the requirement for full payment of all delinquent amounts as a condition to issuance of the license or permit. Within 10 days of the date of the notice, the applicant may request, in writing, a hearing before the Town Board. The Town Clerk shall provide 10 days' notice of the hearing unless waived by the applicant. The hearing shall be held pursuant to the procedure in Subsection D.
C.
Revocation or suspension. If a delinquency occurs as specified in Subsection A implicating any existing license or permit, the Town Board may direct written notice of the delinquency to be sent to the license or permit holder by regular mail. The notice shall set forth a date, time and location for a hearing before the Town Board at which it will be determined whether the license or permit shall be revoked or suspended. In the event the license or permit is subject to any other specific procedures for revocation or suspension established by state statute or by ordinance, those specific procedures shall apply in lieu of those established under this section.
D.
Hearing.
(1)
Evidence and testimony at the hearing shall be taken in open session.
The Town Board may, pursuant to § 19.85(1)(a), Wis. Stats.,
deliberate in closed session, provided that the public notice of the
hearing so specifies.
(2)
No hearing shall be required if the licensee or permittee voluntarily
surrenders the license or permit.
(3)
The licensee or permittee may file, no later than five days from
the hearing date, written notice that the facts set forth in the notice
are admitted and request a hearing on the question of the appropriate
penalty only.
E.
Contracts. No contract with the Town shall be let to any person, firm or corporation that is delinquent in any payment as described in Subsection A. For contracts that are subject to public bidding and required to be let to the lowest responsible bidder, a delinquency under Subsection A shall be considered prima facie evidence of the lack of financial responsibility unless the Town Board finds under the specific facts and circumstances the bidder is responsible.
F.
Other penalties. In addition to license or permit surrender, suspension
or revocation, the Town Board may determine a time period not to exceed
two years within which no new application for the same license or
permit may be accepted.
