city of edgerton ordinances
TRANSCRIPT
1.2 JURISDICTION 1
1.5 CITY ADMINISTRATOR TO FILE DOCUMENTS INCORPORATED BY REFERENCE 2
1.6 PENALTY PROVISIONS 2
1.8 EFFECT OF REPEALS 3
1.9 EFFECTIVE DATE; CITATION 3
1.10 STYLE OF ORDINANCES; ADDITIONS; AMENDMENTS AND REPEALS 3
1.11 CITY ADMINISTRATOR TO FILE ORDINANCES; SUPPLEMENTAL SHEETS 3
1.12 CORPORATE SEAL 4
1.13 MUNICIPAL CITATIONS 4
1.14 PUBLICATION COSTS 4
Chap. 1 - p. 1
( G e n e r a l Pr o v i s i o n s C r. 5 / 9 2 )
CITY OF EDGERTON MUNICIPAL CODE CHAPTER 1
GENERAL PROVISIONS
1.1 CITY OF EDGERTON MUNICIPAL CODE.
(1) TITLE. This Code of ordinances may be known and cited as the City of Edgerton Municipal Code.
(2) AMENDMENTS. Any additions or amendments to this Code are incorporated in this Code so that a reference to the City of Edgerton Municipal Code includes such additions and amendments.
(3) TERMS IN CODE. Terms used in this Code, unless specifically defined in this Code, have the meanings prescribed by the Wisconsin Statutes for the same terms. The title of any official, board or commission refers to such official, board or commission of the City of Edgerton unless otherwise stated.
1.2 JURISDICTION.
Unless otherwise provided in this Code, this Code applies to acts performed within the corporate limits of the City of Edgerton. Provisions of this Code also apply to acts performed outside the corporate limits and up to the limits prescribed by law, where the law confers power on the City to regulate such particular acts outside the corporate limits.
1.3 RULES OF CONSTRUCTION.
In the construction of this Code of General Ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the ordinance:
(1) WISCONSINSTATUTES. The term "Wisconsin Statutes" wherever used in this Code shall mean the Wisconsin Statutes for the year 1990-1991 and for laws enacted in subsequent years and in effect on the date of enactment of this Code of Ordinances.
(2) GENDER,SINGULARANDPLURAL. Every work 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 to such construction.
(3) 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 used unless plainly inapplicable.
(4) ACTSBYAGENTS. 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.
1.4 CONFLICT AND SEPARABILITY.
(1) CONFLICTOFPROVISIONS. 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 subsequent matter of such chapter. In the event that it appears that more than one chapter may apply, the more restrictive and stringent provisions shall govern.
(2) SEPARABILITYOFCODEPROVISIONS. If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid, or unconstitutional by reason of decision of any court of competent jurisdiction, such decision shall not effect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. The Mayor and Common Council of the City of Edgerton declare that they would have passed this Code and each section, subsection, sentence, clause, phrase or portion irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions may be declared invalid or unconstitutional.
Chap. 1 - p. 2
1.5 CITY ADMINISTRATOR TO FILE DOCUMENTS INCORPORATED BY REFERENCE.
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, are adopted by reference, they shall be deemed incorporated in this Code as if fully set forth herein and the City Administrator is 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 City Administrator's office hours, subject to such orders or regulations which the City Administrator may prescribe for their preservation.
1.6 PENALTY PROVISIONS.
(1) GENERALPENALTY. Unless another penalty is expressly provided in this Code, any persons 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, PENALTY. Any person who shall violate any provision of this Code subject to a penalty for which a penalty is not otherwise provided for in this code shall, upon conviction thereof, forfeit not less than $10 nor more than $200, together with the costs of prosecution and in default of payment of such forfeitures and costs of prosecution may be imprisoned in the county jail for a period not exceeding 90 days, or may have their driver's license suspended or the court may impose any other penalty as provided by State Statute.
(b) SECOND OFFENSE, PENALTY. Any person found guilty of violating any ordinance or any part of this Code who shall previously have been convicted of a violation of the same ordinance, shall upon conviction thereof forfeit not less than $50 nor more than $500 for each such offense together with the costs of prosecution and in default of payment of such forfeiture and costs may be imprisoned in the county jail for a period not exceeding 6 months or may have their drivers license suspended or the court may impose any other penalty as provided by State Statutes.
(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.
(2) EXECUTIONAGAINSTDEFENDANT'SPROPERTY. 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, issue an execution against the property of the defendant for said forfeiture and costs.
1.7 REPEAL OF GENERAL ORDINANCES.
All ordinances adopted by the Common Council of the City of Edgerton prior to the adoption of this Code are 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 City of Edgerton of whatever name or description.
(2) The establishment of grades, curb lines and widths of sidewalks in the public street 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 of Edgerton.
(5) The lighting of streets and alleys.
(6) The annexation of territory to the City of Edgerton.
(7) The naming and changing of names of streets, alleys, public grounds and parks.
(8) The letting of contracts without bids.
(9) Tax and special assessment levies.
(10) Release of persons, firms or corporations from liability.
(11) Construction of any public works.
(12) Water and sewer rates, rules and regulations and sewer and water main construction.
(13) Budget ordinances, resolutions and actions.
Chap. 1 - p. 3
1.8 EFFECT OF REPEALS.
The repeal or amendment of any section or provision of this Code or of any other ordinance or resolution of the Common Council shall not:
(1) By implication be deemed to survive 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 or obligation or privilege that has been reserved by the City.
(3) Affect any offense committed or penalty or forfeiture incurred, previous to the time when any ordinances 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 for 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 or ordinances had not been repealed, except that all such proceedings had after the time this Code shall effect, shall be conducted according to the provisions of this Code, and shall be, in all respects, subject to the provisions of this Code.
1.9 EFFECTIVE DATE; CITATION.
These ordinances shall take effect from and after passage and posting of the ordinance adopting this Code, or upon publication in book form. All references shall be cited by section number (example: Section 13.06 Municipal Code of the City of Edgerton).
1.10 STYLE OF ORDINANCES; ADDITIONS, AMENDMENTS AND REPEALS.
All general ordinances hereafter enacted by the Common Council of the City of Edgerton shall be numbered in chronological order, and shall indicate by appropriate decimal number the section, subsection or paragraph of this Code created, amended, repealed or revised.
1.11 CITY ADMINISTRATOR TO FILE ORDINANCES; SUPPLEMENTAL SHEETS.
The City Administrator shall certify one copy of this Code as the original code of Edgerton and shall file the same as part of the city ordinance book. Such copy shall be retained in its original form. In addition, the City Administrator shall retain in his office at least one copy of the Municipal Code of the City of Edgerton in current form in which shall be inserted all supplemental sheets as hereinafter provided. Such copy shall be available for public inspection. Whenever any ordinance amending, repealing, revising or creating any section of this Code is adopted by the Common Council, the City Administrator, after recording such ordinance in the ordinance book, shall cause copies of such ordinance to be reproduced on supplemental sheets in proper form for insertion in the Code and shall insert such ordinances in all copies of this Code in his possession except the aforementioned original copy. The City Administrator shall make such supplemental sheets available at a fee specified by the Common Council from time to time to all persons requesting the same.
1.12 CORPORATE SEAL.
A seal, with the words "City of Edgerton, Wisconsin" in a circular form, with the words "Incorporated March 20, 1883" in a smaller circle and the word "Seal" in the center of such circle, shall be, and the same is made the corporate seal of the City of Edgerton. This seal shall be kept in the custody of the City Administrator.
1.13 MUNICIPAL CITATIONS.
(1) AUTHORIZED. A municipal citation shall be issued to all persons violating ordinances of the City of Edgerton.
(2) FORMOFCITATION. The municipal citation authorized by subsection (1) shall provide for the following:
(a) The name and address of the alleged violator.
Chap. 1 - p. 4
(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.
(g) A statement which in essence informs the alleged violator:
1. That the alleged violator may make a cash deposit of a specified amount to be mailed to a specified official within a specified time.
2. That if the alleged violator makes such a deposit, he or she need not appear in court unless subsequently summoned.
3. That if the alleged violator makes a cash deposit and does not appear in court, either he or she will be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment imposed by Section 165.87, Wisconsin Statutes, not to exceed the amount of the deposit or will be summoned into court to answer the complaint if the court does not accept the plea of no contest.
4. That if the alleged violator does not make a cash deposit and does not appear in court at the time specified, an action may be commenced against the alleged violator to collect the forfeiture and the penalty assessment imposed by Section 165.87, Wisconsin Statutes.
(h) A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he or she read the statement required under subsection (g) above and shall send the signed statement with the cash deposit.
(3) SCHEDULEOFCASHDEPOSITS. Cash deposits which shall be required for the various ordinance violations, and for the penalty assessment imposed by Section 165.87, Wisconsin Statutes, are appended hereto and incorporated herein by reference. Cash deposits shall be submitted to the Clerk of Courts for Edgerton and a receipt shall be issued for each such cash deposits.
(4) ISSUANCEANDFILING. Citations authorized under this section may be issued by law enforcement officers of the City of Edgerton.
1.14 PUBLICATION COSTS.
Any costs incurred by the City for publication of any public notice shall be paid for by the party initiating the request, application, proposal or other activity which has caused or resulted in the publication of the public notice. No license, permit, privilege or other benefit shall be granted the party initiating the request, application, proposal or other activity until such publication costs have been paid to the City Administrator. These publications costs shall be in addition to any other costs for fees required to be paid by the party under the terms of this Code or under the terms of any statute governing the operation of the City.
Chap. 1 - p. 5
GENERAL GOVERNMENT
SECTION 2.01 FORM OF GOVERNMENT The City of Edgerton, Wisconsin, operates under the Mayor-Council form of government under Chapter 62, Wisconsin Statutes.
SECTION 2.015 WARD BOUNDARIES AND ALDERMANIC DISTRICT BOUNDARIES.
Ward Boundaries and Aldermanic District Boundaries, of the Edgerton Code of Municipal Ordinances
shall be created to provide as follows and shall be described in Exhibit A:
The City of Edgerton shall be divided into seven Wards and three Aldermanic Districts as follows:
Exhibit A
Ward 1: Beginning at Saunder’s Creek and Hwy 51; Hwy 51 north to Dane/Rock County line; County line west to Saunder’s Creek; Saunder’s Creek to Randolph Street; Randolph Street northeast to Blaine Street; Blaine Street south to Swift Street; Swift Street southwest to Saunder’s Creek; Saunder’s Creek to Hwy 51 at POB.
Ward 2: Beginning at the intersection of the railroad tracks and Hwy 51; Hwy 51 north to Saunder’s Creek; Saunder’s Creek to Swift Street; Swift Street northeast to Blaine Street; Blaine street north to Randolph Street; Randolph Street southwest to Saunder’s Creek; Saunder’s Creek to the west boundary of parcel 6-26-999; west boundary of parcel 6-26-999 south to Elm High Drive; Elm High Drive east to Albion Street; Street south to Pleasant Street; Pleasant Street west to North First Street; North First Street north to Barberry Lane; Barberry Lane west to North Second Street; North Second Street; North Second Street south to Rollin Street; west on Rollin Street to West Street; south on West Street to the railroad tracks; railroad tracks southeast to POB.
Ward 3: Beginning at the intersection of West Street and Hwy 59; West Street north to Rollin Street; Rollin Street east to North Second Street; North Second Street north to Barberry Lane; Barberry Lane east to North First Street; North First Street south to Pleasant Street; Pleasant Street east to Albion Street; Albion Street north to Elm High Drive; Elm High Drive west to the western boundary of parcel 6- 26-999; the western boundary of 6-26-999 north to Saunder’s Creek; Saunder’s Creek west to the Dane/Rock County line and city limits; city limits around to Hwy 59; Hwy 59 east to Hain Road; Hain Road east to Marlboro Drive; Marlboro Drive north to Hwy 59; Hwy 59 east to POB.
Ward 4: Beginning at the intersection of the southern City limits and Highway 51: Highway 51 to the railroad crossing; west to the railroad crossing on Hwy 59; Hwy 59 west to Marlboro Drive; Marlboro Drive south to Hain Road; Hain Road west to Hwy 59; continue on Hwy 59 western boundary of parcel 6- 26-1310 and city limits; city limits boundary to POB.
Ward 5: All land in the Corporate limits that is south of Hwy 59 (East Fulton Street) and east of Hwy 51.
Ward 6: Beginning at the intersection of Thronson and Highway 51: Highway 51 to Highway 59; Highway 59 to City limits; City limits boundary to Thronson; and Thronson to POB.
Ward 7: All land within the City limits located in Dane County.
SECTION 2.016 DEFINITIONS
(1) OFFICIAL: Officials of the City of Edgerton include Elected Officials, Appointed Officials, and all members of City committees, commissions, boards, subcommittees, and ad hoc committees.
1
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SECTION 2.02 ELECTED OFFICIALS
(1) MAYOR AND ALDERPERSONS
(a) ELECTION AND TERM. The Mayor shall be elected in even-numbered years for a term of 2 years.
Two alderman shall be elected from each aldermanic district, with 1 from each district to be elected each year for a term of 2 years. Such terms shall commence as provided by law.
(b) SALARIES. The annual salary paid to the Mayor and alderpersons shall be determined by resolution.
(2) MUNICIPAL JUDGE
(a) ELECTION AND TERM. The Municipal Judge shall be elected in even-numbered years for a term of 2 years as provided in Chapter 6 of this Municipal Code.
SECTION 2.03 APPOINTED OFFICIALS
(1) To ensure employees skills are matched with appropriate job duties, the Council may elect to assign any of the positions of appointed officials to an employee. The job description will regulate which of the Appointed Official title(s) and duties an employee will carry out.
(2) ADMINISTRATOR. The office of City Administrator is created.
(a) APPOINTMENT. The City Administrator shall be appointed by a 2/3 vote of the Common Council upon a recommendation of the Personnel Committee. Rules governing the selection of candidates, including qualifications and other pertinent information, shall be prepared by the Personnel Committee and approved by the Common Council.
(b) TERM OF OFFICE. The City Administrator shall hold office for an indefinite term, subject to removal for cause by a 3/4 vote of all the members of the Common Council, pursuant to Section 17.12
(1) (d), Wisconsin Statutes. The appointment may be terminated by the Administrator upon thirty
(30) days written notice to the Mayor and Common Council of such termination.
(c) DUTIES AND RESPONSIBILITIES. The City Administrator shall serve as Chief Administrative Officer of the City of Edgerton under the general direction and policy…
1.5 CITY ADMINISTRATOR TO FILE DOCUMENTS INCORPORATED BY REFERENCE 2
1.6 PENALTY PROVISIONS 2
1.8 EFFECT OF REPEALS 3
1.9 EFFECTIVE DATE; CITATION 3
1.10 STYLE OF ORDINANCES; ADDITIONS; AMENDMENTS AND REPEALS 3
1.11 CITY ADMINISTRATOR TO FILE ORDINANCES; SUPPLEMENTAL SHEETS 3
1.12 CORPORATE SEAL 4
1.13 MUNICIPAL CITATIONS 4
1.14 PUBLICATION COSTS 4
Chap. 1 - p. 1
( G e n e r a l Pr o v i s i o n s C r. 5 / 9 2 )
CITY OF EDGERTON MUNICIPAL CODE CHAPTER 1
GENERAL PROVISIONS
1.1 CITY OF EDGERTON MUNICIPAL CODE.
(1) TITLE. This Code of ordinances may be known and cited as the City of Edgerton Municipal Code.
(2) AMENDMENTS. Any additions or amendments to this Code are incorporated in this Code so that a reference to the City of Edgerton Municipal Code includes such additions and amendments.
(3) TERMS IN CODE. Terms used in this Code, unless specifically defined in this Code, have the meanings prescribed by the Wisconsin Statutes for the same terms. The title of any official, board or commission refers to such official, board or commission of the City of Edgerton unless otherwise stated.
1.2 JURISDICTION.
Unless otherwise provided in this Code, this Code applies to acts performed within the corporate limits of the City of Edgerton. Provisions of this Code also apply to acts performed outside the corporate limits and up to the limits prescribed by law, where the law confers power on the City to regulate such particular acts outside the corporate limits.
1.3 RULES OF CONSTRUCTION.
In the construction of this Code of General Ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the ordinance:
(1) WISCONSINSTATUTES. The term "Wisconsin Statutes" wherever used in this Code shall mean the Wisconsin Statutes for the year 1990-1991 and for laws enacted in subsequent years and in effect on the date of enactment of this Code of Ordinances.
(2) GENDER,SINGULARANDPLURAL. Every work 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 to such construction.
(3) 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 used unless plainly inapplicable.
(4) ACTSBYAGENTS. 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.
1.4 CONFLICT AND SEPARABILITY.
(1) CONFLICTOFPROVISIONS. 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 subsequent matter of such chapter. In the event that it appears that more than one chapter may apply, the more restrictive and stringent provisions shall govern.
(2) SEPARABILITYOFCODEPROVISIONS. If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid, or unconstitutional by reason of decision of any court of competent jurisdiction, such decision shall not effect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. The Mayor and Common Council of the City of Edgerton declare that they would have passed this Code and each section, subsection, sentence, clause, phrase or portion irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions may be declared invalid or unconstitutional.
Chap. 1 - p. 2
1.5 CITY ADMINISTRATOR TO FILE DOCUMENTS INCORPORATED BY REFERENCE.
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, are adopted by reference, they shall be deemed incorporated in this Code as if fully set forth herein and the City Administrator is 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 City Administrator's office hours, subject to such orders or regulations which the City Administrator may prescribe for their preservation.
1.6 PENALTY PROVISIONS.
(1) GENERALPENALTY. Unless another penalty is expressly provided in this Code, any persons 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, PENALTY. Any person who shall violate any provision of this Code subject to a penalty for which a penalty is not otherwise provided for in this code shall, upon conviction thereof, forfeit not less than $10 nor more than $200, together with the costs of prosecution and in default of payment of such forfeitures and costs of prosecution may be imprisoned in the county jail for a period not exceeding 90 days, or may have their driver's license suspended or the court may impose any other penalty as provided by State Statute.
(b) SECOND OFFENSE, PENALTY. Any person found guilty of violating any ordinance or any part of this Code who shall previously have been convicted of a violation of the same ordinance, shall upon conviction thereof forfeit not less than $50 nor more than $500 for each such offense together with the costs of prosecution and in default of payment of such forfeiture and costs may be imprisoned in the county jail for a period not exceeding 6 months or may have their drivers license suspended or the court may impose any other penalty as provided by State Statutes.
(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.
(2) EXECUTIONAGAINSTDEFENDANT'SPROPERTY. 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, issue an execution against the property of the defendant for said forfeiture and costs.
1.7 REPEAL OF GENERAL ORDINANCES.
All ordinances adopted by the Common Council of the City of Edgerton prior to the adoption of this Code are 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 City of Edgerton of whatever name or description.
(2) The establishment of grades, curb lines and widths of sidewalks in the public street 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 of Edgerton.
(5) The lighting of streets and alleys.
(6) The annexation of territory to the City of Edgerton.
(7) The naming and changing of names of streets, alleys, public grounds and parks.
(8) The letting of contracts without bids.
(9) Tax and special assessment levies.
(10) Release of persons, firms or corporations from liability.
(11) Construction of any public works.
(12) Water and sewer rates, rules and regulations and sewer and water main construction.
(13) Budget ordinances, resolutions and actions.
Chap. 1 - p. 3
1.8 EFFECT OF REPEALS.
The repeal or amendment of any section or provision of this Code or of any other ordinance or resolution of the Common Council shall not:
(1) By implication be deemed to survive 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 or obligation or privilege that has been reserved by the City.
(3) Affect any offense committed or penalty or forfeiture incurred, previous to the time when any ordinances 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 for 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 or ordinances had not been repealed, except that all such proceedings had after the time this Code shall effect, shall be conducted according to the provisions of this Code, and shall be, in all respects, subject to the provisions of this Code.
1.9 EFFECTIVE DATE; CITATION.
These ordinances shall take effect from and after passage and posting of the ordinance adopting this Code, or upon publication in book form. All references shall be cited by section number (example: Section 13.06 Municipal Code of the City of Edgerton).
1.10 STYLE OF ORDINANCES; ADDITIONS, AMENDMENTS AND REPEALS.
All general ordinances hereafter enacted by the Common Council of the City of Edgerton shall be numbered in chronological order, and shall indicate by appropriate decimal number the section, subsection or paragraph of this Code created, amended, repealed or revised.
1.11 CITY ADMINISTRATOR TO FILE ORDINANCES; SUPPLEMENTAL SHEETS.
The City Administrator shall certify one copy of this Code as the original code of Edgerton and shall file the same as part of the city ordinance book. Such copy shall be retained in its original form. In addition, the City Administrator shall retain in his office at least one copy of the Municipal Code of the City of Edgerton in current form in which shall be inserted all supplemental sheets as hereinafter provided. Such copy shall be available for public inspection. Whenever any ordinance amending, repealing, revising or creating any section of this Code is adopted by the Common Council, the City Administrator, after recording such ordinance in the ordinance book, shall cause copies of such ordinance to be reproduced on supplemental sheets in proper form for insertion in the Code and shall insert such ordinances in all copies of this Code in his possession except the aforementioned original copy. The City Administrator shall make such supplemental sheets available at a fee specified by the Common Council from time to time to all persons requesting the same.
1.12 CORPORATE SEAL.
A seal, with the words "City of Edgerton, Wisconsin" in a circular form, with the words "Incorporated March 20, 1883" in a smaller circle and the word "Seal" in the center of such circle, shall be, and the same is made the corporate seal of the City of Edgerton. This seal shall be kept in the custody of the City Administrator.
1.13 MUNICIPAL CITATIONS.
(1) AUTHORIZED. A municipal citation shall be issued to all persons violating ordinances of the City of Edgerton.
(2) FORMOFCITATION. The municipal citation authorized by subsection (1) shall provide for the following:
(a) The name and address of the alleged violator.
Chap. 1 - p. 4
(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.
(g) A statement which in essence informs the alleged violator:
1. That the alleged violator may make a cash deposit of a specified amount to be mailed to a specified official within a specified time.
2. That if the alleged violator makes such a deposit, he or she need not appear in court unless subsequently summoned.
3. That if the alleged violator makes a cash deposit and does not appear in court, either he or she will be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment imposed by Section 165.87, Wisconsin Statutes, not to exceed the amount of the deposit or will be summoned into court to answer the complaint if the court does not accept the plea of no contest.
4. That if the alleged violator does not make a cash deposit and does not appear in court at the time specified, an action may be commenced against the alleged violator to collect the forfeiture and the penalty assessment imposed by Section 165.87, Wisconsin Statutes.
(h) A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he or she read the statement required under subsection (g) above and shall send the signed statement with the cash deposit.
(3) SCHEDULEOFCASHDEPOSITS. Cash deposits which shall be required for the various ordinance violations, and for the penalty assessment imposed by Section 165.87, Wisconsin Statutes, are appended hereto and incorporated herein by reference. Cash deposits shall be submitted to the Clerk of Courts for Edgerton and a receipt shall be issued for each such cash deposits.
(4) ISSUANCEANDFILING. Citations authorized under this section may be issued by law enforcement officers of the City of Edgerton.
1.14 PUBLICATION COSTS.
Any costs incurred by the City for publication of any public notice shall be paid for by the party initiating the request, application, proposal or other activity which has caused or resulted in the publication of the public notice. No license, permit, privilege or other benefit shall be granted the party initiating the request, application, proposal or other activity until such publication costs have been paid to the City Administrator. These publications costs shall be in addition to any other costs for fees required to be paid by the party under the terms of this Code or under the terms of any statute governing the operation of the City.
Chap. 1 - p. 5
GENERAL GOVERNMENT
SECTION 2.01 FORM OF GOVERNMENT The City of Edgerton, Wisconsin, operates under the Mayor-Council form of government under Chapter 62, Wisconsin Statutes.
SECTION 2.015 WARD BOUNDARIES AND ALDERMANIC DISTRICT BOUNDARIES.
Ward Boundaries and Aldermanic District Boundaries, of the Edgerton Code of Municipal Ordinances
shall be created to provide as follows and shall be described in Exhibit A:
The City of Edgerton shall be divided into seven Wards and three Aldermanic Districts as follows:
Exhibit A
Ward 1: Beginning at Saunder’s Creek and Hwy 51; Hwy 51 north to Dane/Rock County line; County line west to Saunder’s Creek; Saunder’s Creek to Randolph Street; Randolph Street northeast to Blaine Street; Blaine Street south to Swift Street; Swift Street southwest to Saunder’s Creek; Saunder’s Creek to Hwy 51 at POB.
Ward 2: Beginning at the intersection of the railroad tracks and Hwy 51; Hwy 51 north to Saunder’s Creek; Saunder’s Creek to Swift Street; Swift Street northeast to Blaine Street; Blaine street north to Randolph Street; Randolph Street southwest to Saunder’s Creek; Saunder’s Creek to the west boundary of parcel 6-26-999; west boundary of parcel 6-26-999 south to Elm High Drive; Elm High Drive east to Albion Street; Street south to Pleasant Street; Pleasant Street west to North First Street; North First Street north to Barberry Lane; Barberry Lane west to North Second Street; North Second Street; North Second Street south to Rollin Street; west on Rollin Street to West Street; south on West Street to the railroad tracks; railroad tracks southeast to POB.
Ward 3: Beginning at the intersection of West Street and Hwy 59; West Street north to Rollin Street; Rollin Street east to North Second Street; North Second Street north to Barberry Lane; Barberry Lane east to North First Street; North First Street south to Pleasant Street; Pleasant Street east to Albion Street; Albion Street north to Elm High Drive; Elm High Drive west to the western boundary of parcel 6- 26-999; the western boundary of 6-26-999 north to Saunder’s Creek; Saunder’s Creek west to the Dane/Rock County line and city limits; city limits around to Hwy 59; Hwy 59 east to Hain Road; Hain Road east to Marlboro Drive; Marlboro Drive north to Hwy 59; Hwy 59 east to POB.
Ward 4: Beginning at the intersection of the southern City limits and Highway 51: Highway 51 to the railroad crossing; west to the railroad crossing on Hwy 59; Hwy 59 west to Marlboro Drive; Marlboro Drive south to Hain Road; Hain Road west to Hwy 59; continue on Hwy 59 western boundary of parcel 6- 26-1310 and city limits; city limits boundary to POB.
Ward 5: All land in the Corporate limits that is south of Hwy 59 (East Fulton Street) and east of Hwy 51.
Ward 6: Beginning at the intersection of Thronson and Highway 51: Highway 51 to Highway 59; Highway 59 to City limits; City limits boundary to Thronson; and Thronson to POB.
Ward 7: All land within the City limits located in Dane County.
SECTION 2.016 DEFINITIONS
(1) OFFICIAL: Officials of the City of Edgerton include Elected Officials, Appointed Officials, and all members of City committees, commissions, boards, subcommittees, and ad hoc committees.
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( G e n e r a l G o v e r n m e n t A m e n d e d 0 5 / 1 2 )
SECTION 2.02 ELECTED OFFICIALS
(1) MAYOR AND ALDERPERSONS
(a) ELECTION AND TERM. The Mayor shall be elected in even-numbered years for a term of 2 years.
Two alderman shall be elected from each aldermanic district, with 1 from each district to be elected each year for a term of 2 years. Such terms shall commence as provided by law.
(b) SALARIES. The annual salary paid to the Mayor and alderpersons shall be determined by resolution.
(2) MUNICIPAL JUDGE
(a) ELECTION AND TERM. The Municipal Judge shall be elected in even-numbered years for a term of 2 years as provided in Chapter 6 of this Municipal Code.
SECTION 2.03 APPOINTED OFFICIALS
(1) To ensure employees skills are matched with appropriate job duties, the Council may elect to assign any of the positions of appointed officials to an employee. The job description will regulate which of the Appointed Official title(s) and duties an employee will carry out.
(2) ADMINISTRATOR. The office of City Administrator is created.
(a) APPOINTMENT. The City Administrator shall be appointed by a 2/3 vote of the Common Council upon a recommendation of the Personnel Committee. Rules governing the selection of candidates, including qualifications and other pertinent information, shall be prepared by the Personnel Committee and approved by the Common Council.
(b) TERM OF OFFICE. The City Administrator shall hold office for an indefinite term, subject to removal for cause by a 3/4 vote of all the members of the Common Council, pursuant to Section 17.12
(1) (d), Wisconsin Statutes. The appointment may be terminated by the Administrator upon thirty
(30) days written notice to the Mayor and Common Council of such termination.
(c) DUTIES AND RESPONSIBILITIES. The City Administrator shall serve as Chief Administrative Officer of the City of Edgerton under the general direction and policy…