Jefferson City Municipal Code

This goJefferson.com Web presentation of these public documents is Copyright 1999 Syndesis Corporation.

CHAPTER 25

CONSTRUCTION AND EFFECT OF ORDINANCES

25.01 Rules of Construction

25.02 Conflict and Separability

25.03 Clerk to File Documents Incorporated by Reference

25.04 Penalty Provisions

25.05 Repeal of General Ordinances

25.06 Effect of Repeals

25.07 Title: Effective Date: Citation

25.08 Keeping Code Current; Reviser's Amendments

25.09 Court Authority to Impose Alternative Juvenile Dispositions and Sanctions

CONSTRUCTION AND EFFECT OF ORDINANCES 25.01

  • 25.01 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 or the ordinance:
  • (1) WISCONSIN STATUTE. (Am. MSC '93) All references to "Wisconsin Statutes" or Wis. Stats.," shall mean the Wisconsin Statutes for the years 1991-92 and shall include the 1993-94 biennial session.

    (2) 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 work 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.

    (3) 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.

    (4) ACTS OF AGENTS. When a provision requires an act to be done which may by law as well as 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 the Code conflict with or contravene each other, the provisions of which 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 shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. The Council 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 section, subsection, sentence, clause, phrase or portion 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 upon 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. (REP. & RECR. #17-76) (1) 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 ordinance violated.

    (e) A designation of the offense is 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.

    (g) A statement which informs the alleged violator:

  • 1. That a cash deposit based on the schedule established by this section may be made which shall be delivered or mailed to the Chief of Police prior to the time of the scheduled court appearance.
  • CONSTRUCTION AND EFFECT OF ORDINANCES 25.04(1)(g)2.

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

    3. That if a cash deposit is made and the alleged violator does not appear in court, he 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 shall 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 tie specified, and 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 (g) has been read. Such statement shall be sent or brought with the cash deposit.

    (i) Such other information as the City deems necessary.

  • (2) FORM OF CITATION. The form of the citation to be used by the City is on file in the office of the City Administrator and is made a part of this section by reference.

    (3) SCHEDULE OF DEPOSITS. (Am. #1-89 & 2-89) (a) The following schedule of cash deposits is established for use with citations issued under this section:

  • SECTION DEPOSITS

    NUMBER OFFENSE and COSTS

    5.07(3) Willful injury of hose, hydrant of fire apparatus;

    driving vehicle over unprotected hose $25 & (b)

    5.08(3) Obstructing firemen in discharge of duties $50 & (b)

    5.08(4) Refusing to obey orders of Fire Chief and Fire Department officers-$25 & (b)

    5.09(9) Denial of access to Fire Chief and deputies; obstruction

    of Fire Inspector; refusal to obey lawful direction of Fire Inspector $25 & (b)

    5.10 Giving false fire alarm $50 & (b)

    6.05 Obstruction of civil defense organization $25 & (b)

    7.03 Parking Restrictions $5

    7.03(4)(f) Unattended vehicle running $50 & (b)(Cr. #13-85)

    7.03(4)(h) Overweight parking $25 & (b)(Cr. #4-87)

    7.03(5) Handicapped parking violation $60 & (b)(Cr. #13-85)

    7.03(6) Restriction police parking $5 (Cr. #13-85)

    7.03(7) Compact cars only $5 (Cr. #7-87)

    7.04 Street storage prohibited $10

    7.05 Operation or parking of vehicle for advertising $25 & (b)

    7.10 Blocking railroad crossing $50 & (b)

    7.13(2)(a) Operating a motor vehicle across parking stalls indicated by lines $10 & (b)

    7.13(2)(b) "Spinning doughnuts" with a motor vehicle $100 & (b)

    7.13(2)(c) Driving wrong way in marked lane $30 & (b)

    7.13(2)(d) Failure to stop at posted stop sign on premises $30 & (b)

    7.13(2)(e) Speeding in excess of posted limits in parking lot $30 & (b)

    7.13(2)(f) Driving too fast for conditions in parking lots $30 & (b)

    7.13(3)(a) Stopping or Standing with a motor vehicle in prohibited areas $20 & (b)

    7.13(3)(b) Parking in handicapped stalls $50 & (b)

    7.14 Violation of In-Line Skating laws - First Offense $20 & (b)

    Second Offense $40 & (b)

    8.04 Obstruction and encroachment of public ways $25 & (b)

    8.05 Injury to gutter or sidewalk $25 & (b)

    8.06 Mud lugs prohibited $10

    CONSTRUCTION AND EFFECT OF ORDINANCES 25.04(3)

    8.08(1) Injury to street trees $25 & (b)

    8.08(2) Interference with City Forester's orders $10

    8.09(13) Failure to attach and maintain street number $10

    8.10 Failure to Remove Snow and Ice from Sidewalks $25 & (b)(Cr.#5-96)

    9.01 Prohibited discharging and carrying firearms and guns $50 & (b)

    9.02 Prohibited throwing or shooting of missiles $25 & (b)

    9.03(1) Burning of grass restricted $10

    9.03(2) Trash burning restricted $10

    9.03(3) Garbage burning prohibited $10

    9.04 Sale and discharge of fireworks restricted $25 & (b)

    9.05 Obstructing streets and sidewalks prohibited $25 & (b)

    9.06(1) Disorderly conduct--engage in violent, abusive, etc., conduct

    which causes a disturbance of public order $50 & (b)

    9.07(1) Consumption of beer or liquor in public place $30 & (b)

    9.08 Loud and unnecessary noise prohibited $50 & (b)

    9.09 False fire alarm prohibited $50 & (b)

    9.10 Resist or interfere with officer $75 & (b)

    9.11 Assist escape of prisoner $50 & (b)

    9.12 Impersonate a police officer $50 & (b)

    9.13 Failure to assist officer $25 & (b)

    9.14 Prohibited Gambling, lotteries, fraudulent devices and practices $25 & (b)

    9.15 Vagrancy and loitering prohibited $25 & (b)

    9.16 Indecent conduct and language prohibited $25 & (b)

    9.17 Destruction of property prohibited $25 & (b)

    9.18 Littering Prohibited $25 & (b)

    9.19 Damage to trees, shrubs and flowers prohibited $25 & (b)

    9.20 Molesting birds or animals $25 & (b)

    9.21 Building fires restricted $25 & (b)

    9.22 General Offenses $50 & (b)

    9.27 943.13(1)(a), (b), (c), (d); 943.13(3) $50 & (b)(Cr. #13-85)

    9.28 125.07(4) First Offense $30 & (b)

    Second Offense $60 & (b)

    Third Offense $100 & (b)

    125.09(2) $50 & (b)(Cr. #13-85)

    9.30 Contributing to Truancy $50 (Cr. #1-89)

    9.31 Possession or use of tobacco where prohibited $25 & (b) (Cr. #3-92)

    10.03(1) Public Nuisance-adulterated food $25 & (b)

    10.03(2) Public Nuisance-unburied carcasses $25 & (b)

    10.03(3) Public Nuisance--breeding places for vermin, etc. $25 & (b)

    10.03(4) Public Nuisance--stagnant water $25 & (b)

    10.03(5) Public Nuisance--privy vaults and garbage cans $25 & (b)

    10.03(6) Public Nuisance--noxious weeds $100 &(b)(Am #4-85)

    10.03(7) Public Nuisance--water pollution $25 & (b)

    10.03(8) Public Nuisance--noxious odors, etc. $25 & (b)

    10.03(9) Public Nuisance--street pollution $25 & (b)

    10.03(10) Failure to Remove Animal Waste $25 & (b)(Cr. #13-85)

    10.04(1) Disorderly houses $50 & (b)

    10.04(2) Gambling devices $50 & (b)

    10.04(3) Unlicensed sale of liquor and beer $50 & (b)

    10.04(4) Continuous violation of City ordinances $100 & (b)

    10.04(5) Illegal Drinking $25 & (b)

    10.05(2) Dutch Elm Trees $10

    CONSTRUCTION AND EFFECT OF ORDINANCES 25.04(3)

    10.05(8) Interference with forester under Section 10.05 $10

    10.06(1) Public Nuisance--signs, billboards, etc. $25 & (b)

    10.06(3) Public Nuisance--unauthorized traffic signs $50 & (b)

    10.06(4) Public Nuisance--obstruction of intersections $50 & (b)

    10.06(5) Public Nuisance--tree limbs $25 & (b)

    10.06(6) Public Nuisance--dangerous trees $25 & (b)

    10.06(7) Public Nuisance--fireworks $50 & (b)

    10.06(8) Public Nuisance--dilapidated buildings $25 & (b)

    10.06(9) Public Nuisance--wires over street $25 & (b)

    10.06(10) Public Nuisance--noisy animals or fowl $25 & (b)

    10.06(11) Public Nuisance--obstructions of streets and excavations $50 & (b)

    10.06(12) Public Nuisance--unlawful assembly $25 & (b)

    10.06(13) Public Nuisance--flammable liquids $25 & (b)

    10.06(14) Animal Running At Large $20 & (b)(Cr. #13-85)

    10.06(15) Public Nuisance--trapping of animals $25 & (b)(Cr. #16-93)

    10.07 Prohibited storage of junk $25 & (b)

    11.02 Violations of regulations of the Board of Health $25 & (b)

    11.04(5) Prohibited sanitary facilities after connection to sewer $25 & (b)

    11.05 Failure to Recycle Bond of $50 and

    penalty assessments

    11.06 Violation of ban $25 & (b)(Cr. #11-88)

    12.01(9)(e) Nude and nearly nude dancing $300 &(b)(Cr.#18-91)

    12.02 Transient Merchants $25 & (b)(Am. #6-91)

    12.025 Cattle Fair regulations $25 & (b)(Am. #6-91)

    12.04 Non-intoxicating beverages $50 & (b)(Cr. #13-91)

    12.07(5) Unlicensed dogs $25 & (b)

    12.07(6) Prohibited dogs $25 & (b)

    12.07(8)(c) Harboring of rabid dogs $25 & (b)

    12.07(10) Dogs biting persons $25 & (b)

    12.07(11) Impounded Dogs $25 & $50

    12.08(2) Unlicensed junk dealers $50 & (b)

    12.08(5)(a) Inspection of licensed premises by municipal representative $25 & (b)

    12.08(5)(b) Inspection of licensed area $25 & (b)

    12.08(5)(c) Junk dealers restricted purchase from minors $25 & (b)

    12.08(5)(d) Remove or extend licensed location without Council authorization $25 & (b)

    12.08(5)(e) Conducting business other than at licensed location $25 & (b)

    12.08(5)(f) Junk dealer carrying on business after license revocation $50 & (b)

    12.08(5)(g) Enclosure of licensed premises $25 & (b)

    12.09(5) Bicycle, skateboard and scooter regulations $25 & (b)

    12.12(1) Unlicensed tree trimmers $10

    12.12(2) Liability insurance $10

    12.12(3) Permits $10

    12.13(1) Identification of cats required $25 & (b)

    12.13(2) Disease control $25 & (b)

    12.13(3) Cats running at large prohibited $25 & (b)

    12.13(4) Parents' liability $25 & (b)

    13.03(4) Deleterious sewage $50 & (b)

    13.12 Cross connection violation $50 & (b)(Cr. #13-86)

    13.13 Well abandonment $50 & (b)(Cr. #14-86)

    14.01(1) Building permit required $25 & (b)

    14.01(8) Notification of inspection $25 & (b)

    14.01(9) Construction standards $25 & (b)

    CONSTRUCTION AND EFFECT OF ORDINANCES 25.04(3)

    14.02(2) Electrical permit required $25 & (b)

    14.02(3) Notification of inspection $25 & (b)

    14.05(1) Permits required $25 & (b)

    14.06 Fire limits $25 & (b)

    15.04 Minimum standards for basic equipment and facilities $25 & (b)

    15.05 Minimum standards for light, ventilation and heating $25 & (b)

    15.06 General requirements relating to the safe and

    sanitary maintenance of parts of dwelling units $25 & (b)

    15.07 Minimum space, use and location requirements $25 & (b)

    15.08 Responsibilities of owners and occupants $25 & (b)

    15.09 Rooming houses $25 & (b)

    16.03 Plumbing--permits, licenses and bonds required $25 & (b)

    16.04 Excavations in streets $25 & (b)

    16.05 Sewer service $25 & (b)

    16.06 Gas water heaters $25 & (b)

    16.07 Piping for appliances and water softeners $25 & (b)

    Ch. 17 Zoning code violation $50 & (b)(Cr. #13-85)

    Ch. 20 Floodplain ordinance violation $50 & (b)(Cr. #12-87)

    Ch. 22 Shoreland-Wetland zoning $50 & (b)(Cr. #2-94)

  • (b) (Am. #17-94; #33-97;#1-98) In addition to each base deposit amount set forth in this section, the total bond shall include the statutory penalty assessment and jail assessment, as amended from time to time by State Law. Except for a violation of Section 347.48(2m), court costs of $23.00 shall be assessed and collected on each judgment.

    (c ) Deposits shall be made in cash, money order or certified check to the Chief of Police who shall provide a receipt therefor.

  • (4) ISSUANCE OF CITATION. (a) Law Enforcement Officer. Any law enforcement officer may issue citations authorized under this section.

  • (b) City Officials. 1. The following City officials may issue citations with respect to those specified sections which are directly related to their official responsibilities:
  • a. Fire Chief, Assistant Fire Chiefs and officers of the Fire Department under Section 5.08(1) of this Municipal Code.

    b. City Engineer.

    c. City Forester.

    d. Building Inspector.

    e. Plumbing Inspector.

  • 2. Such City official may delegate their authority to issue citations to their subordinates.

  • (5) PROCEDURE. (SS) 66.119(3), Wis. Stats., relating to violator's options and procedure on default, is hereby adopted and incorporated herein by reference.

    (6) NON-EXCLUSIVITY. (a) Other Ordinance. Adoption of this section does not preclude the Council from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter.

  • (b) Other Remedies. The issuance of a citation thereunder 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.
  • CONSTRUCTION AND EFFECT OF ORDINANCES 25.04(7)

  • (7) PENALTY WHEN NONE EXPRESSED. (Am. #18-91) If a person is convicted of an act or omission prohibited by this Municipal Code, and for which no penalty is expressed, the person shall be subject to a forfeiture not to exceed $1,000.

    (8) SEPARATE VIOLATIONS. (Cr. #13-85) Each day a violation of this Municipal Code exists or continues shall constitute a separate offense.

  • 25.05 REPEAL OF GENERAL ORDINANCES. All ordinances heretofore adopted by the City Council 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 Municipal Code:

  • (1) The issuance of corporate bonds and notes of the City 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 City.

    (5) The lighting of streets and alleys.

    (6) The annexation of territory to the City.

    (7) The naming and changing of names of streets, alleys, public grounds and parks.

    (8) The letting of contracts without bids.

    (9) The establishment of aldermanic districts, aldermanic district boundaries and election precincts.

    (10) Tax and special assessment levies.

    (11) Release of persons, firms or corporations from liability.

    (12) Construction of any public works.

    (13) Water, sewer and electric rates rules and regulations and sewer and water main construction.

    (14) Budget ordinances, resolutions and actions.

    Ordinance #197, sec. 7B which is renumbered Section 7.03. The Zoning Code, Ordinance #207.

  • 25.06 EFFECT OF REPEALS. The repeal or amendment of any section or provision of this Code or of any other ordinances or resolutions of the Council shall not:

  • (1) By implication be deemed to revive any ordinance not in force or existing at the time at which 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 City.

    (3) Affect any offense committed or penalty or forfeiture incurred, previous to the time when any ordinance shall be repealed or amended, except that when any forfeiture or penalty shall have 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 shall be repealed or amended, but the right of action shall continue and the offender shall be subject to the penalty as provided in such ordinances, and such prosecution shall proceed, in all respects, as if such ordinance had after the time this Code shall take effect, shall be conducted according to the provisions of this Code.

  • CONSTRUCTION AND EFFECT OF ORDINANCES 25.07

  • 25.07 TITLE: EFFECTIVE DATE: CITATION. These ordinances shall be known as the "Municipal Code of the City of Jefferson" and shall take effect from and after passage and publication as provided in (SS) 66.035, Wis. Stats. All references thereto shall be cited by section number (example: Section 13.06, Municipal Code of the City of Jefferson).

    25.08 KEEPING CODE CURRENT: REVISER'S AMENDMENTS. As each ordinance or resolution affecting the Municipal Code becomes effective, the City Clerk shall forward such ordinance or resolution to the Reviser, who shall incorporate same into the Municipal Code. The Reviser shall make no substantive changes to such ordinances and resolutions but may renumber, rearrange and edit them without first submitting them to the City Council; 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.

    25.09 COURT AUTHORITY TO IMPOSE ALTERNATIVE JUVENILE DISPOSITIONS AND SANCTIONS. (Cr. #19-96)

  • (1) For a juvenile adjudged to have violated an ordinance, the Municipal Court is authorized to impose any of the dispositions listed in SS. 938.343 and 938.344, Wis. Stats., in accordance with the provisions of those statutes.

    (2) For a juvenile adjudged to have violated an ordinance who violates a condition of a dispositional order of the court under SS. 938.343 or 938.344, Wis. Stats., the municipal court is authorized to impose any of the sanctions listed in s. 938.355(6)(d), Wis. Stats., in accordance with the provisions of those statutes.

    (3) This section is enacted under the authority of s. 938.17(2)(cm), Wis. Stats.