ORD20181418-Muskego Code Adoption
Code Adoption Ordinance
COMMON COUNCIL – CITY OF MUSKEGO
ORDINANCE #1418
AN ORDINANCE TO REVISE AND CONSOLIDATE, AMEND, SUPPLEMENT AND CODIFY
THE GENERAL ORDINANCES OF THE CITY OF MUSKEGO
The Common Council of the City of Muskego does hereby ordain as follows:
§ 1-5. Adoption of Code.
Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of Muskego of a general and permanent nature
adopted by the Common Council of the City of Muskego, as revised, codified and consolidated into chapters
and sections by General Code, and consisting of Chapters 1 through 400, are hereby approved, adopted,
ordained and enacted as the "Code of the City of Muskego," hereinafter referred to as the "Code."
§ 1-6. Code supersedes prior ordinances.
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.
§ 1-7. Continuation of existing provisions.
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.
§ 1-8. Copy of Code on file.
A copy of the Code has been filed in the office of the City Clerk 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, and such certified copy shall remain on file in the office of said City Clerk to be made
available to persons desiring to examine the same during all times while said Code is in effect.
§ 1-9. Amendments to Code.
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 Muskego" 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 inserted in the
Code as amendments and supplements thereto.
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Code Adoption Ordinance
§ 1-10. Publication; filing.
The Clerk of the City of Muskego, pursuant to law, shall cause to be published, in the manner required by
law, a notice of the adoption of this ordinance. Sufficient copies of the Code shall be maintained in the office
of the Clerk for inspection by the public at all times during regular office hours. The publication of notice of
the enactment 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.
§ 1-11. Code to be kept up-to-date.
It shall be the duty of the City Clerk, or someone authorized and directed by the Clerk, to keep up-to-date
the certified copy of the Code required to be filed in the Clerk'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 included as supplements to said Code.
§ 1-12. Sale of Code.
Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk or an authorized agent
of the Clerk upon the payment of a fee to be set by the Common Council. The Clerk may also arrange for
procedures for the periodic supplementation of the Code.
§ 1-13. Altering or tampering with Code; penalties for violation.
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 Muskego to be misrepresented thereby. Anyone violating this section or any part of this ordinance
shall be subject, upon conviction, to a penalty as provided in § 1-4 of the Code.
§ 1-14. Severability of Code provisions.
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. If any provision of
this Code or the application thereof to any person or circumstances is held invalid, the remainder of this
Code and the application of such provision to other persons or circumstances shall not be affected thereby.
§ 1-15. Severability of ordinance provisions.
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.
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Code Adoption Ordinance
§ 1-16. Repealer.
All ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this
ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such
inconsistency, and any valid legislation of the City of Muskego which is not in conflict with the provisions
of the Code shall be deemed to remain in full force and effect. In addition, the following chapters and
sections from the former City Code are specifically repealed: § 1.11, Public Works Superintendent; § 12.05,
Amusement parks; Chapter 23, Flammable Liquids; and Chapter 31, Muskego Cable Television Franchise.
§ 1-17. Ordinances saved from repeal.
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 December 12, 2017.
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.
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Code Adoption Ordinance
M. Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
N. Any ordinances adopting or amending the Zoning Map or otherwise rezoning property.
O. Any charter ordinances.
P. Any ordinance or portion of an ordinance establishing or amending a fee or fees.
Q. Any ordinance or portion of an ordinance establishing or amending a deposit or bond schedule.
R. Any ordinance or portion of an ordinance establishing sewer or water rates or charges.
§ 1-18. Changes in previously adopted ordinances; new ordinances.
A. In compiling and preparing the ordinances for publication as the Code of the City of Muskego, no
changes in the meaning or intent of such ordinances have been made, except as provided for in
Subsection C hereof. 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 adoption of the Code includes the adoption of the following new ordinances: Chapter 162,
Construction Site Erosion and Sediment Control; Chapter 191, Article II, Outdoor and Refuse Burning;
Chapter 259, Article I, Use of Parks and Recreation Facilities; Chapter 278, Public Waters and Beaches;
Chapter 305, Special Events; Chapter 309, Stormwater Management; Chapter 324, Taxicabs; and
Chapter 362, Wireless Communications Facilities.
C. The amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof are
made herewith, to become effective upon the effective date of this ordinance. (Chapter and section
number references are to the ordinances as they have been renumbered and appear in the Code.)
§ 1-19. When effective.
This ordinance shall take effect upon passage and publication as required by law.
Adopted this 26th day of June 2018
________________________
Kathy Chiaverotti, Mayor
ATTEST:
_________________________________
Sharon Mueller, City Clerk
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