[HISTORY: Adopted by the Village Board of the Village of Balsam Lake
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-5-1990 as §§ 25.01,
25.02(1), 25.03 and 25.04 of the 1990 Code]
In the construction of this Code, the following rules shall be observed
unless such construction would be inconsistent with the manifest intent of
the ordinance:
A.
Wisconsin statutes. All references to "Wisconsin Statutes"
or "Wis. Stats." mean the Wisconsin Statutes as of the adoption of this Code
and as they may be amended from time to time.
[Amended 4-3-2006 by Ord. No. 2006-2]
B.
Gender, singular and plural. Every word in this Code
imparting the masculine gender may extend and be applied to females as well
as males, and every word imparting the singular number only may extend and
be applied to several persons or things as well as to one person or thing,
provided these rules of construction shall not be applied to any provision
which contains any express language excluding such construction or when the
subject matter or context of such provision may be repugnant thereto.
C.
Person. The word "person" extends and applies to natural
persons, firms, corporations, associations, partnerships or other bodies politic
and to all entities capable of being sued, unless plainly inapplicable.
D.
Acts of agents. When a provision requires an act to be
done which may by law as well be done by an agent as by the principal, such
requirement shall be construed to include all such acts when done by an authorized
agent.
E.
Verbs. The use of any verb in the present tense shall
not preclude the interpretation of the verb in the future tense, where appropriate.
F.
Shall and may. The word "shall" is mandatory; the word
"may" is discretionary.
If the provisions of the different chapters of this Code conflict with
or contravene each other, the provisions of each chapter shall prevail as
to all matters and questions arising out of the subject matter of such chapter.
Whenever in this Code any standard, code, rule, regulation 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 Clerk-Treasurer shall file,
deposit and keep in his office a copy of the code, standard, rule, regulation
or other written or printed matter as adopted. Materials so filed, deposited
and kept shall be public records open for examination with proper care by
any person during the Clerk-Treasurer's office hours, subject to such orders
or regulations which the Clerk-Treasurer may prescribe for their preservation.
A.
General penalty. Except as otherwise provided, 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. 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. Any person found guilty of violating
any ordinance or part of an ordinance of this Code who has previously been
convicted of a violation of the same ordinance within one year shall, upon
conviction thereof, forfeit not less than $50 nor more than $500 for each
such offense, together with the 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 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 Village from maintaining any appropriate action to prevent
or remove a violation of any provision of this Code.
C.
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 Village, 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 such forfeiture and costs.
A.
Statutory authorization. Pursuant to § 66.0113,
Wis. Stats., the Village elects to use the citation method of enforcement
of ordinances, including those for which a statutory counterpart exists, and
§ 66.0113 is hereby incorporated and made a part of this section.
B.
Contents of citation. The citation shall contain the
following:
(1)
Name and address of the alleged violator.
(2)
Factual allegations describing the alleged violation.
(3)
Time and place of the offense.
(4)
Number and section of the ordinance violated.
(5)
A designation of the offense in such a manner as can
readily be understood by a person making a reasonable effort to do so.
(6)
Time and date when the violator may appear in court.
(7)
A statement which informs the violator that:
(a)
A cash deposit based on the established schedule may
be delivered or mailed to the Clerk of Circuit Court 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 the alleged violator makes a cash deposit and does
not appear in court, he or she either will be deemed to have tendered a plea
of no contest and submitted to a forfeiture, plus costs, fees, and surcharges
imposed under Ch. 814, Wis. Stats., 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.
[Amended 4-3-2006 by Ord. No. 2006-2]
(d)
If the alleged violator does not make a cash deposit
and does not appear in court at the time specified, the court may issue a
summons or a warrant for the defendant's arrest or consider the nonappearance
to be a plea of no contest and enter judgment under § 66.0113(3)(d),
Wis. Stats., or the Village may commence an action against the alleged violator
to collect the forfeiture, plus costs, fees, and surcharges imposed under
Ch. 814, Wis. Stats.
[Added 4-3-2006 by Ord. No. 2006-2]
(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 § 800.093,
Wis. Stats.
[Added 4-3-2006 by Ord. No. 2006-2]
(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 required statement has been read. Such statement shall be sent or
brought with the cash deposit.
C.
Deposits shall be made in cash or by money order or certified
check to the Clerk of Circuit Court, who shall provide a receipt therefor.
D.
Issuance of citations. The Chief of Police and all police
officers employed by the Village may issue citations authorized under this
section. The Building Inspector may issue citations for violations of those
provisions of this Code and any rules and regulations promulgated hereunder
for which he has enforcement responsibility.
[Adopted 4-3-2006 by Ord. No. 2006-2]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Balsam Lake of a general and permanent nature adopted by the Village Board of the Village of Balsam Lake, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 300, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Balsam Lake," hereinafter referred to as the "Code."
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 Village Clerk-Treasurer and shall remain there for use and examination
by the public for at least two weeks, in accordance with § 66.0103,
Wis. Stats., and until final action is taken on this ordinance, and if this
ordinance shall be adopted, such copy shall be certified to by the Village
Clerk-Treasurer, and such certified copy shall remain on file in the office
of said Village 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 Village Board
to make them a part thereof, shall be deemed to be incorporated into such
Code so that reference to the "Code of the Village of Balsam 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 Village of Balsam 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 Village 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 Village Board. 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 Village of Balsam
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 § 1-17 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 May 3, 2004.
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 Village'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.
Any ordinances adopting or amending the Zoning Map.
O.
Any ordinance or portion of an ordinance establishing
a specific fee amount for any license, permit or service obtained from the
Village.
P.
Any ordinance or portion of an ordinance establishing
rates or charges for sewer or water service.
A.
In compiling and preparing the ordinances for publication as the Code of the Village of Balsam 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 Village 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 specific chapters and sections of the Wisconsin
Statutes and Wisconsin Administrative Code are revised to reflect the numbering
of the statutes and Administrative Code as of the publication of this Code.
(2)
References to the "Department of Health and Social Services"
and "State Health Department" are amended to read "Department of Health and
Family Services."
(3)
References to the "Department of Industry, Labor and
Human Relations" are amended to read "Department of Commerce."
(4)
References to the "Clerk" and "Treasurer" are amended to read "Clerk-Treasurer," except in § 43-7.
(5)
References to the "Board of Appeals" are amended to read
"Zoning Board of Appeals."
(6)
Specific fees are removed and replaced with wording indicating
that fees are set by the Village Board.
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 § 1-19C, the chapters, parts or sections which were added, amended, adopted or deleted by this ordinance are indicated throughout this Code by a footnote referring to Chapter. 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 4-3-2006 by Ord. No. 2006-2.” Schedule A contains a complete description of all changes, is on file in the Village offices.
This ordinance shall take effect upon passage and publication as required
by law.
