[HISTORY: Adopted by the Village Board of
the Village of Osceola as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-12-1999 by Ord. No. 99-01]
The Village Board of the Village of Osceola,
Polk County, Wisconsin, do ordain as follows:
In accordance with W.S.A. s. 66.035, the various chapters and sections of the 1993 Code of Ordinances of the Village of Osceola, and subsequent ordinances of the Village of Osceola of a general and permanent nature adopted by the Village Board of the Village of Osceola, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 219, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Osceola," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede
the 1993 Code of Ordinances of the Village of Osceola 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 legislation in force immediately
prior to the enactment of the Code by this ordinance, are intended
as a continuation of such legislation and not as new enactments, and
the effectiveness of such provisions shall date from the date of adoption
of the prior legislation.
This ordinance shall take effect immediately
upon passage and publication according to law.
A copy of the Code, in loose-leaf form, has
been filed in the office of the Village Clerk and shall remain there
for use and examination by the public 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, and such certified copy
shall remain on file in the office of said Village 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 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 Osceola" 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 Village of Osceola, 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 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, 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 may be purchased from the
Clerk upon the payment of a fee to be set by resolution of the Village
Board, and the Village Board may also arrange for procedures for the
periodic supplementation thereof.
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 Osceola 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 § 1-13 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 January 13, 1998.
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
or the release of persons, firms or corporations from liability.
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,
naming or changing name, improvement, lighting, acceptance or vacation
of any right-of-way, easement, street, road, highway, sidewalk, 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.
The establishment of wards, ward boundaries and election
precincts.
L.
Ordinances providing for local improvements or assessing
taxes or special assessments therefor.
M.
All currently effective ordinances pertaining to the
rate and manner of payment of salaries and compensation of officers
and employees.
N.
Any legislation relating to or establishing a pension
plan or pension fund for municipal employees.
O.
Budget ordinances, resolutions and actions.
P.
Charter ordinances.
Q.
Water, sewer and electric rates, rules and regulations.
A.
In compiling and preparing the ordinances for adoption
and revision as part of the Code, certain grammatical changes and
other minor changes were made in one or more of said ordinances. It
is the intention of the Village Board that all such changes be adopted
as part of the Code as if the ordinances so changed had been previously
formally amended to read as such.
B.
In addition, the following changes, amendments or
revisions are made herewith, to become effective upon the effective
date of this ordinance, as set forth in Schedule A attached hereto
and made a part hereof. (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 § 1-15B, the chapters and sections which were amended, added or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 1-12-1999 by Ord. No. 1-99." Schedule A, which contains a complete description of all changes, is on file in the village offices.
[Adopted 8-10-1993 by Ord. No. 7-93
as Secs. 20.01 through 20.04 and 20.07 of the 1993 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 chapter or article:
A.
Wisconsin Statutes. All references to "Wisconsin Statutes"
or "W.S.A.," wherever used in this Code, shall mean the Wisconsin
Statutes currently in effect.
[Amended 1-12-1999 by Ord. No. 99-01]
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 all entities of any kind 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
and articles of this Code conflict with or contravene each other,
the provisions of each chapter or article shall prevail as to all
matters and questions arising out of the subject matter of such chapter
or article.
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 or her 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.
A.
Any person who shall violate any of the provisions
of this Code shall, upon conviction of such violation, be subject
to a civil forfeiture which shall be as follows:
[Amended 1-12-1999 by Ord. No. 99-01; 8-14-2007 by Ord. No. 07-20]
(1)
First offense; penalty. Any person who shall violate
any provision of this Code subject to a penalty shall, upon conviction
thereof, forfeit not less than $25 nor more than $1,000 for each violation,
together with a penalty assessment and the costs of prosecution. In
default of payment of such forfeiture, penalty assessment and costs,
that person shall be imprisoned in the county jail until such forfeiture,
penalty assessment and costs are paid, but not exceeding 90 days.
(2)
Second offense; penalty. Any person found guilty of
violating any ordinance or part of this Code who shall previously
have been convicted of the same violation within the 12 preceding
months shall, upon conviction thereof, forfeit not less than $50 nor
more than $1,000 for each such offense, together with a penalty assessment
and the costs of prosecution. In default of payment of such forfeiture,
assessment and costs, that person shall be imprisoned in the county
jail until such forfeiture, assessment and costs are paid, but not
to exceed 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, assessment and costs of prosecution
upon the order of the 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 the forfeiture, penalty
assessment and costs.
Pursuant to W.S.A. s. 66.119, the citation method
of enforcement of the rules and regulations of this Code, including
those for which a statutory counterpart exists, shall be used.
A.
The 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)
Section of the Code violated.
(5)
A clear designation of the offense.
(6)
Time the violator may appear in court.
(7)
A statement informing the alleged violator that:
(a)
A cash deposit based on the schedule established in
this section shall be made and delivered or mailed to the Clerk, Treasurer,
Clerk of Court or Chief of Police prior to the time of the scheduled
court appearance.
(b)
If a deposit is made, no appearance in court is necessary
unless he or she is subsequently summoned.
(c)
If a cash deposit is made and the alleged violator
does not appear in court, he or she shall 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 or her 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.
(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 W.S.A. s. 800.093.[1]
(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 village deems necessary.
B.
Form of citation. A sample of the citation form to
be used by the village is on file in the office of the Village Clerk,
and such citation is adopted by reference as though fully set forth
in this section.
C.
Schedule of deposits. The schedule of cash deposits
for use with citations issued under this section shall be as adopted
by the Village Board from time to time, and such schedule shall be
on file in the office of the Chief of Police.
D.
Form of deposits. Deposits shall be made in cash,
money order or certified check to the Clerk, Treasurer, Clerk of Court
or Chief of Police, who shall provide a receipt therefor.
E.
Issuance of citations. Any law enforcement officer
may issue citations authorized under this section, and the following
village officials may issue citations with respect to areas directly
related to their official responsibilities and may delegate such authority
to their subordinates:
F.
Procedure. The procedure set forth in W.S.A. s. 66.119(3),
relating to a violator's options and procedures on default, is adopted
and made a part of this section by reference.
G.
Nonexclusivity.
(1)
Other ordinances. These regulations do not preclude
the Board from adopting other ordinances or providing for the enforcement
of other laws or ordinances relating to the same or other matters.
(2)
Other remedies. The issuance of a citation hereunder
shall not preclude the village 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.
This Code shall be known as the "Code of the Village of Osceola" and shall take effect from and after passage and publication as provided in W.S.A. s. 66.035. All references thereto shall be cited by section number (example: § 18-3, Code of the Village of Osceola).
