[HISTORY: Adopted by the Common Council of
the City of Burlington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-5-1988 by Ord. No. 1203(25)
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:
A.
Wisconsin Statutes. All references to "Wisconsin Statutes"
or "Wis. Stats." shall mean the Wisconsin Statutes as of the adoption
of this Code as as they may be amended or renumbered from time to
time.
[Amended 11-18-2003 by Ord. No. 1740(20)]
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.
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.
A.
General penalty. Where no other penalty is 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:
[Amended 11-18-2003 by Ord. No. 1740(20); 8-19-2008 by Ord. No. 1868(10)]
(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, or the maximum amount allowable by corresponding
statute, whichever is greater, 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 provision of this Code who shall previously have been convicted
of a violation of the same provision within one year shall, upon conviction
thereof, forfeit not less than $10 nor more than $1,000 for each such
offense, or the maximum amount allowable by corresponding statute,
whichever is greater, together with 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 of prosecution are paid,
but not exceeding 90 days.
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 said forfeiture and costs.
D.
Juvenile penalties.
[Added 8-6-1996 by Ord. No. 1534(10); amended 11-18-2003 by Ord. No. 1740(20)]
(1)
Court authority to impose alternative juvenile dispositions
and sanctions. For a juvenile adjudged to have violated an ordinance,
a court is authorized to impose any of the dispositions listed in
§§ 938.342, 938.343 and 938.344, Wis. Stats., in accordance
with the provisions of those statutes.
(2)
For a juvenile adjudged to have violated an ordinance
who violates a condition of a dispositional order of the court under
§ 938.342, 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.
[Added 8-19-2008 by Ord. No. 1868(10)]
Whenever any person fails to pay any forfeiture,
parking citation, costs or other debt due to the City, all applicable
legal means of collection are authorized, including but not limited
to utilization of § 71.935, Wis. Stats., Setoffs for Municipalities
and Counties (a/k/a “tax intercept program”), and Chapter
Trans 128, Wis. Admin. Code, Traffic Violation and Registration Program
(suspension of vehicle registration for failure to pay traffic-related
judgments, parking citations and towing costs).
[Added 11-18-2003 by Ord. No. 1740(20)]
A.
Statutory authority. Pursuant to the authority granted
by § 800.02, Wis. Stats., the use of a citation to be issued
for violations of ordinances, including those for which a statutory
counterpart exists, is hereby authorized.
B.
Officials authorized to issue citation. Citations authorized in Subsection A above may be issued by law enforcement officers of the City and by City officials with respect to sections of the Code which are directly related to the official's area of responsibility. The officials granted authority to issue citations under this section may delegate the authority to other City employees within the official's department with the approval of the Common Council.
C.
Form of citation.
(1)
The form of the citation to be issued by the Chief
of Police or other designated City officials is incorporated herein
by reference and shall provide for the following information:
(a)
The name and address of the alleged violator.
(b)
The factual allegations describing the alleged violation.
(c)
The date and place of the offense.
(d)
The section of the ordinance violated.
(e)
A designation of the offense in such manner as can
be readily understood by a person making 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 either will be deemed to have tendered
a plea of no contest and submitted to a forfeiture, a penalty assessment
imposed by § 757.05, Wis. Stats., a jail assessment imposed
by § 302.46(1), Wis. Stats., a crime laboratories and drug
law enforcement assessment imposed by § 165.755, Wis. Stats.,
any applicable consumer information assessment imposed by § 100.261,
Wis. Stats., and any applicable domestic abuse assessment imposed
by § 973.055(1), 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.
[4]
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 warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment under § 1-5G, or an action may be commenced against the alleged violator to collect the forfeiture, the penalty assessment imposed by § 757.05, Wis. Stats., the jail assessment imposed by § 302.46(1), Wis. Stats., the crime laboratories and drug law enforcement assessment imposed by § 165.755, Wis. Stats., any applicable consumer information assessment imposed by § 100.261, Wis. Stats., and any applicable domestic abuse assessment imposed by § 973.055(1), Wis. Stats.
[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 § 800.093, Wis. Stats.
(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 § 1-5C(1)(g) and shall send the signed statement with the cash deposit.
(i)
Such other information as may be deemed necessary.
(2)
In traffic regulation matters, the State of Wisconsin
Uniform Traffic Citation shall be used in lieu of the above, as set
forth in § 800.02(2)(b), Wis. Stats.
D.
Service. Unless otherwise provided by these ordinances
or by other law, service of a citation may be by personal delivery,
by leaving a copy of the citation at the person's place of residence,
or by mailing a copy by first class mail to the person's last known
address.
E.
Schedule of cash deposits.
(1)
The schedule of cash deposits for the various ordinances
for which a citation may be issued are as established on the deposit
schedule adopted by the Common Council, a copy of which is on file
with the Clerk. In addition to the deposit amount listed, the deposit
must include the penalty assessment imposed by § 757.05,
Wis. Stats., the jail assessment imposed by § 302.46(1),
Wis. Stats., the crime laboratories and drug law enforcement assessment
imposed by § 165.755, Wis. Stats., any applicable consumer
information assessment imposed by § 100.261, Wis. Stats.,
and any applicable domestic abuse assessment imposed by § 973.055(1),
Wis. Stats.
(2)
In lieu of the schedule of cash deposits, a deposit
in the amount set forth in the most current version of the State of
Wisconsin Revised Deposit Schedules, adopted by the Wisconsin Judicial
Conference (also referred to as the "Deposit and Bail Schedule" or
the "Bond Book"), may be used to establish the cash deposit allowed.
(3)
If the violation is not listed on either of the above schedules, the cash deposit shall be the maximum allowable forfeiture set forth for the violation as listed in the specific ordinance or, if no specific amount is set forth, 50% of the maximum applicable penalty set forth in § 1-4 of this Municipal Code, to which shall be added all of the required state assessments listed above. See also § 293-15 and penalty sections present in each chapter of this Code.
F.
Receipt of cash deposits. The Clerk of the Municipal
Court of the City of Burlington and his authorized representatives
shall be authorized to receive cash deposits. The person receiving
such cash deposit shall give a receipt.
G.
Procedure on default. Section 800.03, Wis. Stats.,
relating to the violator's options and procedure on default, is hereby
adopted and incorporated herein by reference.
H.
Remedies not exclusive.
(1)
Adoption of this section does not preclude the Common
Council from adopting any other ordinance providing for the enforcement
of any other law or ordinance relating to the same or other matters.
(2)
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 11-18-2003 by Ord. No. 1740(20)]
Pursuant to § 66.0103, Wis. Stats., the various chapters and sections of the 1988 Code of Ordinances of the City of Burlington, and subsequent ordinances of a general and permanent nature adopted by the Common Council of the City of Burlington, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 315, are hereby approved, adopted, ordained and enacted as the "Code of the City of Burlington," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede
the 1988 Code of Ordinances of the City of Burlington and 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, was
filed in the office of the City Clerk and has remained 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 Burlington" 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 City of Burlington, pursuant
to law, shall cause to be published, in the manner required bylaw,
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 City 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 Common Council. The
Clerk may also arrange for procedures for the periodic supplementation
of the Code.
[Amended 8-19-2008 by Ord. No. 1868(10)]
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 Burlington to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to the maximum fine set forth in Chapter 1, § 1-4, of this Municipal Code, 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 this 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:
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Any ordinance adopted subsequent to September
16, 2003.
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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.
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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.
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Any prosecution, indictment, action, suit or
other proceeding pending or any judgment rendered, or any penalty
or forfeiture pending or imposed prior to the effective date of this
ordinance brought pursuant to any legislative provision.
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Any franchise, license, right, easement or privilege
heretofore granted or conferred.
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Any ordinance providing for the laying out,
opening, altering, widening, relocating, straightening, establishing
grade, naming, changing name, improvement, acceptance or vacation
of any right-of-way, easement, street, road, highway, park or other
public place or any portion thereof.
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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.
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Ordinances authorizing the purchase, sale, lease
or transfer of property or any lawful contract or obligation.
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The levy or imposition of taxes, assessments
or charges.
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The annexation or dedication of property or
approval of preliminary or final subdivision plats.
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Ordinances providing for local improvements
or assessing taxes or special assessments therefor.
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All currently effective ordinances pertaining
to the rate and manner of payment of salaries and compensation of
officers and employees.
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Any legislation relating to or establishing
a pension plan or pension fund for municipal employees.
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Any legislation establishing or amending fees.
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Any legislation affecting water or sewer rates
or regulations or sewer or water main construction.
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Any ordinance amending the Official Map, the
Zoning Map or the Traffic Map.
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The establishment of aldermanic districts, aldermanic
district boundaries and election precincts.
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Construction of any public works.
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Release of persons, firms, corporations, limited
liability companies, partnerships or other entities from liability.
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Budget ordinances, resolutions and actions.
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A.
In compiling and preparing the ordinances for publication as the Code of the City of Burlington, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. 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 Common Council 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.
Specific amendments and additions which may include
substantive changes made by the City as part of the codification are
enumerated in the document titled "Schedule A," which is incorporated
herein by reference, said amendments to become effective upon the
effective date of this ordinance. A copy of Schedule A was filed with
the Code in the office of the City Clerk and has remained 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.
C.
The repeal or amendment of any section or provision
shall not, by implication, be deemed to revive any ordinance not in
force or existing at the time of the adoption of this ordinance.
This ordinance shall take effect on December
1, 2003, after passage and publication as required by law.
