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Chapter 25
CHAPTER 25
CONSTRUCTION AND EFFECT OF ORDINANCES
25.02 Conflict and Separability
25.03 Clerk to File Documents Incorporated by Reference
25.05 Citation Method of Enforcement
25.06 Repeal of General Ordinances
25.08 Title; Effective Date; Citation
25.09 Keeping Code Current; Reviser's Amendments
25.01 RULES OF CONSTRUCTION. (1) In the construction of this Municipal
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 for the year 1979 and shall include the 1981
session laws.
(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 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.
25.02 CONFLICT AND SEPARABILITY. (1) 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.
(2) SEPARABILITY OF CODE PROVISIONS. If any section, subsection,
sentence, clause or phrase of the Code is for any reason held to be invalid or
unconstitutional by reason of any decision of any court of competent jurisdiction, such
decision shall not affect the validity of any other section, subsection, sentence, clause
or phrase or portion thereof. The Town Board hereby declares that it would have
passed this Code and each section, subsection, sentence, clause, phrase or portion
thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases or portions may be declared invalid or unconstitutional.
25.03 CLERK TO FILE 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.
25.04 PENALTY PROVISIONS. (1) GENERAL PENALTY. 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:
(a) 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, 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.
(b) 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 $500 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.
(2) CONTINUED VIOLATIONS. Each violation and each day a violation
continues or occurs shall constitute a separate offense. Nothing in this Code shall
preclude the Town from maintaining any appropriate action to prevent or remove a
violation of any provision of this Code.
(3) 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 Town, 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.
25.05 CITATION METHOD OF ENFORCEMENT. (1) STATUTORY
AUTHORIZATION. Pursuant to Sec. 66.119 Wis. Stats., the Town shall use the citation
method of enforcement of certain chapters.
(2) THE 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 the offense.
(d) The section of the chapter violated.
(e) A designation of the offense in such manner as can readily be understood
by a person making a reasonable effort to do so.
(f) The time at which the alleged violator may appear in court, except in
those cases in which a court appearance may be unnecessary.
(g) A statement which informs the alleged violator:
1. That a cash deposit based on the schedule established by this provision
may be made, which may be delivered or mailed to the Town Treasurer within 72 hours.
2. That if a deposit is made, no appearance in court is necessary unless he
is substantially summoned.
3. That if a cash deposit is made and the alleged violator does not appear
in court, he will be deemed to have entered a plea of no contest and have submitted
a forfeiture. If the court does not accept the plea of no contest, a summons will be
issued commanding him 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 specified time, an action may be commenced to collect the forfeiture.
(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 (g) has been read. Such statement shall be sent
or brought with the cash deposit.
(i) Such other information as the Town deems necessary.
(j) The form of the citation to be used by the Town is on file with the
Town Clerk and is adopted by reference.
(3) SCHEDULE OF DEPOSITS AND PENALTY ASSESSMENTS, (a) The
following schedule of cash deposits is established for use with citations issued under
this section:
1. Ordinance Regarding Consumption and Possession of Intoxicating Liquors
or Fermented Malt Beverages on Public Ways and Public Property: Deposit - $10;
Costs - $5; Penalty Assessment - $ (as currently provided by law).
(b) Deposits shall be made in cash, money order, or certified check to the
Town Treasurer, who shall provide a receipt therefor.
(4) ISSUANCE OF CITATIONS, (a) The Town constable and other persons
designated by the Town Board to enforce Town ordinances may issue citations authorized
under this chapter.
(b) The Town Attorney may issue citations authorized under this chapter.
(5) PROCEDURE, (a) Section 66.119(3), Wis. Stats., relating to violator's
options and procedure on default is hereby adopted and incorporated herein by reference.
(b) The Town Treasurer shall transmit all penalty assessments to the State
Treasurer as provided in Sec. 59.20(5)(b), Wis. Stats.
(6) NONEXCLUSIVITY. (a) Adoption of this provision does not preclude
the Town Board from adopting any other provision for the enforcement of any other
law or regulation relating to same or other matters.
(b) The issuance of a citation hereunder shall not preclude the Town or
any authorized official from proceeding under any other law or by any other enforcement
method to enforce any ordinance, regulation, or order.
25.06 REPEAL OF GENERAL ORDINANCES. All ordinances heretofore
adopted by the Town Board are hereby repealed, except all ordinances or parts of
ordinances relating to the following subjects and not conflicting with any of the provisions
of this Code:
(1) The issuance of corporate bonds and notes of the Town of whatever
name or description.
(2) The establishment of grades, curb lines and widths of sidewalks in the
public streets and alleys.
(3) The fixing of salaries of public officials and employees.
(4) Rights, licenses or franchises or the creation of any contract with the
Town.
(5) The lighting of streets and alleys.
(6) The naming and changing of names of streets, alleys, public grounds
and parks.
(7) The letting of contracts without bids.
(8) The establishment of election precincts.
(9) Tax and special assessment levies.
(10) Releases of persons, firms or corporation from liability.
(11) Construction of public works.
(12) Water, sewer and electric rates, rules and regulations and sewer and
water main construction.
(13) Budget ordinances, resolutions and actions.
25.07 EFFECT OF REPEALS. The repeal or amendment of any section or
provision of this Code or of any other ordinance or resolution of the Town Board shall not:
(1) By implication be deemed to revive any ordinance not in force or
existing at the time such repeal or amendment takes effect.
(2) Affect any vested right, privilege, obligation or liability acquired, accrued
or incurred under any enactment so repealed or amended, unless the privilege of
repealing such obligation or privilege has been reserved by the Town.
(3) Affect any offense committed, or penalty or forfeiture incurred, previous
to the time when any ordinance is repealed or amended; except when any forfeiture
or penalty has been mitigated by the provisions of any ordinance, such provisions shall
apply to and control any judgment to be pronounced after such ordinance takes effect
for any offense committed before that time.
(4) Affect any prosecution for any offense, or the levy of any penalty or
forfeiture pending at the time when any ordinance aforesaid is repealed or amended;
but the right of action shall continue and the offender shall be subject to the penalty
as provided in such ordinance, and such prosecution shall proceed, in all repsects, as
if such ordinance had not been repealed; except all such proceedings had after the
time this Code takes effect shall be conducted according to the provisions of this Code.
25.08 TITLE; EFFECTIVE DATE; CITATION. These ordinances shall be
known as the "Municipal Code of the Town of Concord" and shall take effect from and
after passage and publication as provided in Sec. 66.035, Wis. Stats. All references
thereto shall be cited by section number (example: Sec. 13.06, Municipal Code of the
Town of Concord).
25.09 KEEPING CODE CURRENT; REVISOR'S AMENDMENTS. As each
ordinance or resolution affecting the Municipal Code becomes effective, the Town Clerk
shall forward such ordinance or resolution to the Revisor, who shall incorporate them
into the Municipal Code. The Revisor shall make no substantive changes to such
ordinances and resolutions but may renumber, rearrange and edit them without first
submitting them to the Town Board; and such rearranging, renumbering and editing
shall not affect the validity of such ordinances and resolutions or the provisions of this
Municipal Code affected thereby.