[HISTORY: Adopted by the Common Council of
the City of Waterloo as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-19-1987 by Ord. No. 87-6 as
§§ 25.01, 25.02(1), 25.03 and 25.04 of the 1987 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 ordinances:
A.
Wisconsin Statutes. The term "Wisconsin Statutes"
or "Wis. Stats.," wherever used in this Code, shall mean the Wisconsin
Statutes as of the publication of this Code and as amended or renumbered.
B.
Gender; singular and plural. Every word in this Code
and in any ordinance importing the masculine gender may extend and
be applied to females as well as males, and every word importing 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 provisions which shall
contain any express language excluding such construction or when the
subject matter or context of such provisions 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 by 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 requisition 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, other than the
Wisconsin Statutes or other sections of this Code, is adopted by reference,
it shall be deemed incorporated in this Code as if fully set forth
herein, and the Clerk-Treasurer is hereby directed and required to
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-Treasurer's office
hours, subject to such orders or regulations which the Clerk-Treasurer
may prescribe for their preservation.
A.
General penalty. Except as provided in Subsection B below, whenever so provided in this Code, 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 9-20-2007 by Ord. No. 2007-18]
(1)
First offense. Any person who shall violate any provision
of this Code subject to a penalty, except for parking violations,
shall, upon conviction thereof, forfeit not less than $10 nor more
than $500, plus costs, fees, and surcharges, and in default of payment
of such forfeiture and costs of prosecution may be imprisoned in the
county jail until said 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 shall previously
have been convicted of a violation of the same ordinance shall, upon
conviction thereof, forfeit not less than $20 nor more than $1,000
for each such offense, plus costs, fees, and surcharges, and in default
of payment of such forfeiture and costs may be imprisoned in the county
jail until said forfeiture and costs of prosecution are paid, but
not to exceed six months.
B.
Penalty for minors. In the event proceedings are commenced against children aged 16 or older for violations of Chapters 133, 309, 346 and 350 of this Code, or children 14 years of age or older for other violations of this Code, except Chapters 133, 309, 346 and 350, the provisions of §§ 48.37, 938.17(2), 938.237, 938.343 and 938.344, Wis. Stats., shall be applicable.
C.
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.
D.
Execution against defendant's property. Whenever any
person fails to pay any forfeiture and costs of prosecution upon the
order of the 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.
[Adopted 3-2-2006 by Ord. No. 2006-03]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of Waterloo of a general and permanent nature adopted by the Common Council of the City of Waterloo, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 385, are hereby approved, adopted, ordained and enacted as the "Code of the City of Waterloo," 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, in loose-leaf form, has
been filed in the office of the City Clerk-Treasurer 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-Treasurer,
and such certified copy shall remain on file in the office of said
City Clerk-Treasurer 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 Waterloo" 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-Treasurer of the City of Waterloo,
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-Treasurer 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-Treasurer,
or someone authorized and directed by the Clerk-Treasurer, to keep
up-to-date the certified copy of the book containing the Code required
to be filed in the Clerk-Treasurer'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-Treasurer or an authorized
agent of the Clerk-Treasurer upon the payment of a fee to be set by
the Common Council. The Clerk-Treasurer 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 Waterloo 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 § 1-16 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 November 17, 2005.
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 a Zoning Map or
rezoning property.
O.
Any ordinance or portion of an ordinance establishing
a specific fee amount for any license, permit or service obtained
from the City.
A.
In compiling and preparing the ordinances for publication as the Code of the City of Waterloo, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B 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 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.
The following changes are made throughout the Code:
(1)
References to specific chapters and sections of the
Wisconsin Statutes and Wisconsin Administrative Code are revised to
reflect the numbering of the statutes and Administrative Code as of
the publication of this Code.
(2)
Specific fee amounts are removed and replaced with a reference to the City Fee Schedule, except in § 126-4C (late fee for dog license).
(3)
"Finance Committee" and "Personnel Committee" are
amended to read "Finance, Insurance and Personnel Committee"; "Public
Safety Committee" is amended to read "Public Safety and Health Committee";
and "Public Works Committee" is amended to read "Public Works and
Property Committee."
This ordinance shall take effect upon passage
and publication as required by law.
