[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:
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)]
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. 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)]
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.
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.
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.
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.
[Added 8-6-1996 by Ord. No. 1534(10); amended 11-18-2003 by Ord. No. 1740(20)]
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.
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)]
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.
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.
Form of citation.
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:
The name and address of the alleged violator.
The factual allegations describing the alleged violation.
The date and place of the offense.
The section of the ordinance violated.
A designation of the offense in such manner as can be readily understood by a person making a reasonable effort to do so.
The time at which the alleged violator may appear in court.
A statement which in essence informs the alleged violator that:
The alleged violator may make a cash deposit of a specified amount to be mailed to a specified official within a specified time.
If the alleged violator makes such a deposit, he need not appear in court unless subsequently summoned.
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.
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.
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.
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.
Such other information as may be deemed necessary.
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.
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.
Schedule of cash deposits.
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.
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.
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.
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.
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.
Remedies not exclusive.
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.
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:
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.
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.
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.