Village of Saukville, WI General Provisions

Pursuant to W.S.A. s. 66.035, the various chapters and sections of the 1985 Code of Ordinances of the Village of Saukville, and subsequent ordinances of the Village of Saukville of a general and permanent nature adopted by the Village Board of the Village of Saukville, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 205, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Saukville," hereinafter referred to as the "Code."

§ 1-2 Code supersedes prior ordinances.

This ordinance and the Code shall supersede the 1985 Code of Ordinances of the Village of Saukville 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.

§ 1-3 Continuation of existing provisions.

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.

§ 1-4 Copy of Code on file.

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 for at least two weeks, in accordance with § 66.035, 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 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.

§ 1-5 Amendments to Code.

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 Saukville" 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.

§ 1-6 Publication; filing.

The Village Clerk, 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.

§ 1-7 Code book to be kept up-to-date.

It shall be the duty of the Village Clerk, or someone authorized and directed by the Village 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.

§ 1-8 Sale of Code book.

Copies of the Code, or any chapter or portion of it, may be purchased from the Village Clerk or an authorized agent of the Clerk upon the payment of a fee to be set by the Village Board. The Clerk may also arrange for procedures for the periodic supplementation of the Code.

§ 1-9 Altering or tampering with Code; penalties for violation.

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 Saukville 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.

§ 1-10 Severability of Code provisions.

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.

§ 1-11 Severability of ordinance provisions.

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.

§ 1-12 Repealer.

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.

§ 1-13 Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

Any ordinance adopted subsequent to December 1, 2000.

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.

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.

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.

Any franchise, license, right, easement or privilege heretofore granted or conferred.

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.

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.

Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.

The levy or imposition of taxes, assessments or charges.

The annexation or dedication of property or approval of preliminary or final subdivision plats.

Ordinances providing for local improvements or assessing taxes or special assessments therefor.

All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.

Any legislation relating to or establishing a pension plan or pension fund for municipal employees.

The Zoning Ordinance and Subdivision Regulations and all amendments thereto.[1]

[1]

Editor's Note: Former Subsection O, regarding the Personnel Policy Manual, which immediately followed this subsection, was repealed 12-19-2006 by Ord. No. 662. The current Village Policy Manual is on file in the Village offices.

§ 1-14 Changes in previously adopted ordinances.

In compiling and preparing the ordinances for publication as the Code of the Village of Saukville, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections B and C hereof. In addition, 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 Village Board that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.

The following changes are made throughout the Code:

(1)

References to specific chapters and sections of the Wisconsin Statutes are revised to reflect the numbering of the statutes as of the publication of this Code.

(2)

Penalties. In the following sections, the penalty has been deleted and reference made to the general penalty in Chapter 1, General Provisions or a penalty section referring to the general penalty has been added: §§ 53-7A and 103-6.

(3)

Nomenclature. The following nomenclature changes have been made:

(a)

"State Department of Industry, Labor and Human Relations" or "State Industrial Commission" to:

[1]

"Department of Industry, Labor and Job Development" in § 140-17B.

[2]

"Department of Commerce" in § 55-11C; §§ 94-2, 94-3A and 94-16E; §§ 101-4A and 101-27B(1) and (2) and C(1); § 147-2; § 159-8H(1); and § 199-7.

(b)

"Administrator" or "Administrator/Clerk" to "Clerk" in § 1-21; Ch. 41; Ch. 58; § 64-2A; § 136-2C; Ch. 143; §§ 159-5A and 159-8F(1); and § 173-1B.

(c)

"Administrator/Clerk" to "Administrator" in § 8-7A, Ch. 12, § 35-13, § 35-14 and § 82-8.

(d)

"State Department of Health and Social Services" to "State Department of Health and Family Services."

(e)

"Superintendent of Sewer and Water Utilities" to "Superintendent of Utilities."

(f)

"Street Superintendent" and "Superintendent of Streets" to "Director of Public Works."

(g)

"Fire and Police Committee" and "License and Permits Committee" to "Public Safety Committee."

(h)

"Parks and Municipal Property Committee" to "Public Works Committee."

(i)

"Emergency government" to "emergency management."

In addition, the amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (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 § 1-14C, 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) 4-17-2001 by Ord. No. 565." Schedule A, which contains a complete description of all changes, is on file in the Village offices.

§ 1-15 When effective.

This ordinance shall take effect upon passage and publication as required by law.

Article II Use and Construction

[Adopted 12-17-1985 by Ord. No. 389 as Ch. 25 of the 1985 Code]

§ 1-16 Rules of construction.

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." mean the current edition of the Wisconsin Statutes and include the most recent biennial session.

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 provisions 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.

§ 1-17 Conflict of provisions.

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.

§ 1-18 Filing of documents incorporated by reference.

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.

§ 1-19 General penalty.

First and second offenses. 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:

[10-5-2021 by Ord. No. 814]

(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 $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 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 $10 nor more than $1,000 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 until such forfeiture 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 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 and costs.

Citation method of enforcement.

[Added by Ord. No. 397]

(1)

Authority. Pursuant to the authority of § 66.119, Wis. Stats., the Village hereby elects to use the citation method of enforcement of ordinances, including those for which a statutory counterpart exists. The form of the citation is incorporated herein by reference.

[Amended by Ord. No. 424]

(2)

Citation. The citation shall contain the following:

(a)

The name and address of the alleged violator.

(b)

Factual allegations describing the alleged violation.

(c)

The time and place of 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.[1]

[1]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(g)

A statement which in essence informs the alleged violator:

[1]

That a cash deposit based on the schedule established by this subsection may be made which shall be delivered or mailed to the Ozaukee County Clerk of Courts prior to the time of the scheduled court appearance.

[2]

That if a cash deposit is made, no appearance in court is necessary, unless subsequently summoned.

[3]

That if a cash deposit is made and the alleged violator does not appear in court, the nonappearance will be deemed a plea of no contest for which a forfeiture not to exceed the amount of the deposit is submitted or, if the court does not accept the plea of no contest, a summons will be issued ordering the alleged violator to appear in court to answer the complaint.

[4]

That 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 up to the maximum permitted by law.

[5]

That 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.[2]

[2]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(h)

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 D(2)(g) above has been read. Such statement shall be sent or brought with the cash deposit.

(i)

Such other information as the Village deems necessary.

(3)

Schedule of cash deposits.

(a)

The following schedule of cash deposits is established for use with citations issued under this subsection: See Schedule A.[3]

[Amended 11-17-1998 by Ord. No. 525; 1-4-2000 by Ord. No. 546; 4-17-2001 by Ord. No. 565; 8-6-2002 by Ord. No. 588; 11-25-2003 by Ord. No. 607; 12-7-2004 by Ord. No. 622; 9-6-2005 by Ord. No. 640; 3-7-2006 by Ord. No. 645; 7-14-2009 by Ord. No. 696; 12-3-2013 by Ord. No. 742; 10-5-2021 by Ord. No. 814]

[3]

Editor's Note: Schedule A and any amendments thereto are on file in the Village offices.

(b)

Deposits shall be made in cash, money order or check to the Clerk of Courts, who shall provide a receipt therefor.

(4)

Issuance of citations.

(a)

Any law enforcement officer may issue citations for enforcement of any ordinances authorized under this subsection.

(b)

The following officials of the Village are hereby authorized to issue citations for enforcement of those chapters and sections of the Code of the Village of Saukville specified. Such officials may delegate authority to their subordinates upon approval by the Village Board. Pursuant to § 19-3 of this Code, the Police Department has general enforcement authority for all Village ordinances. This schedule denotes the officials primarily charged with the enforcement of the specific chapters and sections noted below.

[Amended 9-3-2013 by Ord. No. 740; 8-9-2014 by Ord. No. 750]

Number of Chapter or Section	Chapter/Section Title	Enforcement officials
Ch. 8, §8-7	Board of Health	Health Officer and Police Department
Ch. 19, Art. I	Police Department	Police Department
Ch. 23	Emergency Management	Police Department
Ch. 35, § 35-16	Board of Health	Health Officer and Police Department
Ch. 55	Alcohol Beverages	Police Department
Ch. 58	Amusements and Amusement Devices	Police Department
Ch. 61	Animals	Police Department
Ch. 64	Mass Public Assemblies	Police Department
Ch. 72	Building Construction	Building Inspector
Ch. 75	Numbering of Buildings	Building Inspector
Ch. 82	Cemetery	Cemetery Commissioner
Ch. 90	Driveways	Public Works Superintendent
Ch. 94	Electrical Standards	Electrical Inspector
Ch. 101	Fire Prevention	Fire Chief
Ch. 115	Housing Standards	Building Inspector
Ch. 129, Art. I	Public Nuisances	Police Department
§129-2	Weeds and rank vegetation (definition of "Public Nuisances Affecting Health," Subsection F)	Weed Commissioner
Ch. 129, Art. II	Health Nuisances	Health Officer and Police Department
Ch. 136	Parks and Recreation	Police Department
Ch. 140	Peace and Good Order	Police Department
Ch. 143	Peddling and Soliciting	Police Department
Ch. 147	Plumbing Standards	Plumbing Inspector
Ch. 151	Property Maintenance	Building Inspector
Ch. 159, Art. I	Storm Sewers	Public Works Superintendent and Building Inspector
Ch. 159, Art. II	Sewer Use	Wastewater Utility Superintendent
Ch. 168	Solid Waste	Health Officer and Police Department
Ch. 173	Streets and Sidewalks	Public Works Superintendent
Ch. 173, §173-5	Snow and Ice Removal from Sidewalks	Police Department
Ch. 176	Subdivision Regulations	Village Administrator
Ch. 184	Taxicabs	Police Department
Ch. 187	Trees and Shrubs	Public Works Superintendent
Ch. 192	Vehicles and Traffic	Police Department
Ch. 199	Water	Health Officer and Police Department
Ch. 205	Zoning Signs	Village Administrator Building Inspector and Police Department

(5)

Procedure. The provisions of § 66.119(3), Wis. Stats., relating to violator's options and procedure on default, are hereby adopted and incorporated herein by reference.

(6)

Nonexclusivity. Adoption of this subsection in no way precludes the adoption of any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or any other matter. The issuance of a citation under this subsection in no way precludes the proceeding under any other law or ordinance relating to the same or any other matter.[4]

[4]

Editor's Note: Former Sections 25.05, Repeal of General Ordinances, and 25.06, Effect of Repeals, which immediately followed this section, were deleted 4-17-2001 by Ord. No. 565.

§ 1-20 Title; effective date; citation.

These ordinances shall be known as the "Code of the Village of Saukville" and shall take effect from and after passage and publication as provided in § 66.035, Wis. Stats. All references thereto shall be cited by section number (example: § 13-1, Code of the Village of Saukville).

§ 1-21 Updating of Code by publisher.

As each ordinance or resolution affecting the Municipal Code becomes effective, the Village Clerk shall forward such ordinance or resolution to the publisher, who shall incorporate them into the Municipal Code. The publisher shall make no substantive changes to such ordinances and resolutions but may renumber, rearrange and edit them without first submitting them to the Village Board; and such rearranging, renumbering and editing shall not affect the validity of such ordinances and resolutions or the provisions of this Code affected thereby.