[HISTORY: Adopted by the Common Council of
the City of St. Francis as indicated in article histories. Amendments
noted where applicable.]
[Adopted as §§ 25.01, 25.02(1),
25.03 and 25.04 of the 1981 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." shall mean the current Wisconsin Statutes and shall
include any amendments as made from time to time of the Wisconsin
Statutes.
B.
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.
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.
Board
of Health. All references to "Board of Health" within this Code shall
mean a board duly established and appointed by the Common Council
or a local health department that the Common Council has contracted
with pursuant to Wis. Stat. §§ 251.02(2)(a)(2) and
251.09 to provide public health services within the City of St. Francis.
Such Board of Health or contracted local health department under Wis.
Stat. §§ 251.02(2)(a)(2) and 251.09 shall assume the
general administration of health and sanitation laws and regulations
in the City, supervise the work of, or in the case of a contracted
local health department serve as, the Health Officer/Public Health
Administrator, and attend to the administration and enforcement of
the health laws of the state and the rules and regulations prescribed
by the State Department of Health and the ordinances of the City.
Such Board or contracted local health department may take such measures
and make such rules and regulations as are necessary and effectual
for the preservation and promotion of the public health in the City.
All orders and regulations of the Board shall be published in the
official newspaper and, after publication, shall have the force and
effect of ordinances, including penalty for violation.
[Added 1-15-2019 by Ord.
No. 1440]
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 standard, code, 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.[1]
A.
General penalty. Except as otherwise provided, any
person who violates any of the provisions of this Code shall, upon
conviction of such violation, be subject to a penalty, which shall
be as follows:
[Amended 3-20-2012 by Ord. No. 1313]
(1)
First offense. Any person who violates any provision
of this Code shall, upon conviction thereof, forfeit not less than
$20 nor more than $1,000, 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 correction 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 $100 nor more
than $2,000 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 or house of correction 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 City 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 City, 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.
D.
Cause work
to be done.
[Added 4-21-2009 by Ord. No. 1271]
(1)
Upon
failure to comply with an order, where there is proof of service of
said order, which requires that any building, premises, structure
or property be cleaned or repaired, or that a condition be abated
or improved in accordance with this article, the official or employee
authorized by statute may cause such cleaning, repair, improvement,
abatement or removal of the offending substance or structure. If the
cost of such cleaning, repair, improvement, abatement or removal is
anticipated to equal or exceed $1,000, the Common Council must authorize
by motion the expenditure of such costs. Such cleaning, repair, improvement
or removal shall be deemed a special benefit to such premises and
the cost for the same shall be charged against the owner or owners
of the property. If the cost of the same is not paid within 60 days,
it shall be levied as a special charge against the premises as authorized
by § 66.0627, Wis. Stats. and this Code.
(2)
Where
additional inspections are made necessary by reason of neglect in
work found faulty, defective or incomplete at the time of inspection,
or at the expiration of time permitted in an order of noncompliance,
a reinspection fee may be charged. If the cost of the same is not
paid within 60 days, it shall be levied as a special charge against
the premises as authorized by § 66.0627, Wis. Stats.
Violations of City ordinances shall be enforced
by the issuance of a municipal citation.
A.
Information required. The municipal citation shall
contain the following information:
(1)
Name and address of the alleged violator.
(2)
Factual allegations describing the alleged violation.
(3)
Time and place of the offense.
(4)
Section of the Code violated.
(5)
Designation of the offense in such manner as can readily
be understood by a person making a reasonable effort to do so.
(6)
Time at which the alleged violator may appear in court.
(7)
A statement which in essence informs the alleged violator
that:
(a)
A cash deposit based on the schedule established by
the Common Council as a part of this section may be made which shall
be delivered or mailed to the Clerk of Municipal 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 a cash deposit is made and the alleged violator
does not appear in court, he will be deemed to have entered a plea
of no contest or, if the court does not accept the plea of no contest,
a summons will be issued commanding him to appear in court to answer
the complaint.
(d)
If no cash deposit is made and the alleged violator
does not appear in court at the time specified, an action may be commenced
to collect the forfeiture.
(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 statement required under Subsection A(7) above has been read. Such statement shall be sent or brought with the cash deposit.
(9)
Such other information as the City deems necessary.
B.
Form of citation. The City adopts for use a uniform
municipal citation, consisting of a three-part citation, a sample
of which is on file in the office of the Chief of Police and the City
Clerk and adopted by reference as though fully set forth herein.
C.
Schedule of deposits. The schedule of cash deposits
for use with citations issued under this section shall be as adopted
by the Common Council from time to time, and such schedule shall be
on file in the office of the Chief of Police and in the office of
the City Clerk.
D.
Form of deposits. Deposits shall be in cash, money
order or certified check to the Chief of Police, who shall provide
a receipt therefor.
E.
Issuance of citation. Any law enforcement officer
may issue citations authorized under this section, and other City
officials may issue citations with respect to those specified sections
which are directly related to their official responsibilities. Such
City officials are authorized to delegate such enforcement authority
to their subordinates.
F.
Procedure. Section 66.0113(3), Wis. Stats., relative
to a violator's options and procedure on default, is hereby adopted
and incorporated herein by reference.
G.
Nonexclusivity.
(1)
Other ordinance. This section does not preclude the
Common Council from adopting any other ordinance or providing for
the enforcement of any law or ordinance relating to the same or other
matters.
(2)
Other remedies. The issuance of a citation hereunder
shall not preclude the City or any authorized officer from proceeding
under any other ordinance or law or by any other enforcement method
to enforce any ordinance, regulation or order.
[Adopted 7-1-2008 by Ord. No. 1259]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of St. Francis of a general and permanent nature adopted by the Common Council of the City of St. Francis, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 455, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of St. Francis," 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 has been filed in the office
of the City Clerk 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 City Clerk, and such certified copy shall remain on file in
the office of said City Clerk 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 Common Council to make them a part thereof, shall
be deemed to be incorporated into such Code so that reference to the
"Code of the City of St. Francis" 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 inserted in the Code as amendments
and supplements thereto.
The Clerk of the City of St. Francis, pursuant
to law, shall cause to be published, in the manner required by law,
a notice of the adoption of this 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 publication
of notice of the enactment 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 City Clerk, or someone
authorized and directed by the Clerk, to keep up-to-date the certified
copy of 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 included as supplements to said Code book.
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 Common Council. 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 City of St. Francis to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a penalty as provided in § 1-4 of the Code.
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. If any provision of this Code
or the application thereof to any person or circumstances is held
invalid, the remainder of this Code and the application of such provision
to other persons or circumstances shall not be affected thereby.
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 April 2, 2008.
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 City'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
or otherwise rezoning property.
O.
Any charter ordinances.
P.
Any ordinance or portion of an ordinance establishing
a specific fee amount for any license, permit or service obtained
from the City.
This ordinance shall take effect upon passage
and publication as required by law.
