CODE OF ORDINANCES CITY OF MILTON, WISCONSIN

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Published in 2004 by Order of the Common Council

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>

OFFICIALS

of the

CITY OF

MILTON, WISCONSIN

AT THE TIME OF THIS RECODIFICATION

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Nathan W. Bruce

Mayor

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Sharon Rozelle

Lynda Clark

Randy Randell

Bill Lipke

Dave Schumacher

Bruce Lippincott

Common Council

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Todd J. Schmidt

City Administrator

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Michael R. Haas

City Attorney

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Nancy J. Zastrow

City Clerk

PREFACE

This Code constitutes a recodification of the general and permanent ordinances of the City of Milton, Wisconsin.

Source materials used in the preparation of the Code were the 1968 Code, as supplemented through March 1, 2001, and ordinances subsequently adopted by the common council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1968 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in Part II, Code of Ordinances, is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CHARTER ORDINANCES	CHT:1
CHARTER ORDINANCE COMPARATIVE TABLE	CHTCT:1
CHARTER ORDINANCE DISPOSITION TABLE	CHTDT:1
CODE	CD1:1
CODE APPENDIX	CDA:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CHARTER INDEX	CHTi:1
CODE INDEX	CDi:1

 

Indexes

The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Alyce A. Whitson, Senior Code Attorney, and Robert MacNaughton, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Michael R. Haas, City Attorney, and Nancy J. Zastrow, Clerk, and the other members of the city staff for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

ORDINANCE # 209

An ordinance adopting and enacting a new code for the City of Milton, Wisconsin; providing for the repeal of certain ordinances not included therein; providing a penalty for the violation thereof; providing for the manner of amending such code; and providing when such code and this ordinance shall become effective.

The Common Council of the City of Milton do ordain as follows:

Section 1. The Code entitled "Code of Ordinances, City of Milton, Wisconsin," published by Municipal Code Corporation, consisting of chapters 1 through 78, each inclusive, is adopted.

Section 2. All ordinances of a general and permanent nature enacted on or before May 18, 2004, and not included in the Code or recognized and continued in force by reference therein, are repealed.

Section 3. The repeal provided in for section 2 hereof shall not be constructed of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine as follows:

(a)

First Offense. Any person who shall violate any ordinance or provision of this Code subject to a penalty shall, upon conviction thereof, forfeit not less than $50.00 nor more than $500.00, 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 this Code who shall previously have been convicted of a violation of the same ordinance or Code provision shall, upon conviction thereof, forfeit not less than $100.00 nor more than $1,000.00 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 of prosecution are paid, but not to exceed six months.

(c)

Execution against defendant's property. Whenever a person fails to pay any forfeiture and costs of prosecution upon the order of the court for violation of any code provision 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 such forfeiture and costs.

(d)

Suspension of defendant's driver's license. The court may suspend the defendant's operating privilege, as defined in Wis. Stats. § 340.01(40), until restitution is made and the forfeiture, assessments and costs are paid, if the defendant has not done so within 60 days after the date the restitution or payments, or both, are to be made and has not notified the court that he is unable to comply with the judgment, as provided under Wis. Stats § 800.095(4)(a), except that the suspension period may not exceed two years. The court shall take possession of the suspended license and shall forward the license, along with a notice of the suspension, clearly stating that the suspension is for failure to comply with a judgment of the court, to the department of transportation. This subsection does not apply if the forfeiture is assessed for violation of an ordinance that is unrelated to the violator's operation of a motor vehicle.

Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of license or permits.

Section 5. Additions or amendments to the Code when passed in such form as to indicated the intention of the common council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 6. Ordinances adopted after May 18,2004, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

Section 7. This ordinance shall be effective November 23, 2004

Passed and adopted by the Common Council of the City of Milton, Wisconsin, this 16th day of November, 2004.

	By: ;sigl;Nathan W. Bruce\Mayor
Approval as to Legality and Form
ATTEST:
;sigl;Nancy Zastrow\City Clerk

 

1st Reading: November 16, 2004

2nd Reading: Waived

3rd Reading: Waived

Public Hearing: November 16, 2004

Adopted: November 16, 2004

Published: November 23, 2004