[Adopted 5-2-1988 as §§ 25.01, 25.02(1), 25.03 and 25.04 of the 1988 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:
Wisconsin Statutes. All references to "Wisconsin Statutes" or "Wis. Stats." shall mean the Wisconsin Statutes in effect at the time of publication of this Code and any amendments thereto.
[Amended 4-18-2005 by Ord. No. 05-13]
Gender; singular and plural. Every word in this Code and in any ordinance 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 that 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.
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.
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.
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 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's office hours, subject to such orders or regulations which the Clerk may prescribe for their preservation.
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:
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 a penalty assessment and the costs of prosecution, and in default of payment of such forfeiture, assessment and costs of prosecution shall be imprisoned in the county jail until such forfeiture, assessment and costs are paid, but not exceeding 90 days.
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 $10 nor more than $500 for each such offense, together with a penalty assessment and the costs of prosecution, and in default of payment of such forfeiture, assessment and costs shall be imprisoned in the county jail until such forfeiture, assessment and costs are paid, but not exceeding six months.
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.
Execution against defendant's property. Whenever any person fails to pay any forfeiture, penalty assessment 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, assessment and costs.
Violation of Chapter 250, §§ 250-1 and 250-4A(12). Any person who shall violate Chapter 250, § 250-1 or 250-4A(12) of this Code as those sections relate to prostitution, patronizing prostitutes or pandering, shall, upon conviction thereof, be subject to the provisions of Chapter 1, § 1-4A to C, provided that the forfeitures for these violations shall be $2,000 for his or her first offense, $3,000 for his or her second offense within a calendar year of the first offense, and $5,000 for each additional offense within a calendar year of the first offense.
[Added 1-7-2013 by Ord. No. 13-03]
For a juvenile adjudged to have violated an ordinance, the Municipal Court is authorized to imposed any of the dispositions listed in §§ 938.343 and 938.344, Wis. Stats., in accordance with the provision of those statutes.
For a juvenile adjudged to have violated an ordinance who violates a condition of a disposition order of the court under § 938.343 or 938.344, Wis. Stats., the Municipal Court is authorized to impose any of the sanctions listed in § 938.355(6)(d), Wis. Stats., in accordance with the provisions of those statutes.
This section is enacted under the authority of § 938.17(2)(cm), Wis. Stats.