Langlade County, Wisconsin - Chapter 9: Procedure for Violation of Ordinances, Laws, Etc, 1922

Chapter 9: Procedure for Violation of Ordinances, Laws, Etc

Section 1. The city of Antigo may sue for to recover any and all penalties, or forfeitures, under the charter of said city, or any amendment thereto, or the ordinances, by-laws, police or health regulations, made in pursuance thereof, in the corporate name of said city of Antigo, any general law of the state to the contrary notwithstanding, and such action shall be commenced by complaint, substantially in the following form : section of an ordinance, by-law or resolution ( describing it by its title and number of section, which said is now in force, as this deponent verily believes, and prays, that said be sufficient to give the number of the sections or section, and the chapter or title of the ordinance, by-law, regulation or resolutions, or of the law violated, in such complaint, with the number of section or sections. Upon the filing of said complaint with the justice having jurisdiction a warrant shall issue thereon substantially as follows: now in force and effect, as said complainant verily believes; therefore, in the name of the state of Wisconsin you are hereby commanded to arrest the body

Section 2. Witnesses and jurors shall attend in all city prosecutions without the payment of fees in advance, upon process of the court, duly served, and in default thereof, their attendance may be enforced by attachment in case the jury, after being kept a reasonable time, should disagree, they shall be discharged, and thereupon the court shall adjourn the cause to a day certain, and issue a new venire as aforesaid.

Section 3. In city prosecutions the finding of the court or jury shall be "guilty" or "not guilty." If guilty, the court shall render judgment thereon against the defendant for the fine, penalty or forfeiture, and where the same is not to exceed a certain sum, and not less than a certain other sum, shall fix the amount of such fine, penalty or forfeiture as he shall deem best, within the provisions of such ordinance, by-law or resolution, for the violation of which the person or persons shall have been adjudged guilty, and for the costs of suit. If not guilty, the costs, as in actions in justices court, shall be taxed against the city, but no attorneys' fees shall be taxed for or against the defendant in any such suit. Execution shall issue forthwith upon the rendition of the judgment unless the same be stayed or appealed as hereinafter provided, and the fine or penalty imposed by the court may be enforced and collected by levy and sale, on execution of the property of the defendant, as provided by law in civil actions before the justice of the peace.

Section 4. The execution upon the judgment recovered in any such action, may require that in case nothing shall be found from which the amount can be collected, the defendant shall be taken and imprisoned in the jail of Langlade County, for the term not exceeding six months, or in the police station, not exceeding three months, unless the judgment be sooner paid and the term of such imprisonment shall be inserted in the execution and commitment. And said execution and commitment may require the defendant to perform hard labor during the term of such imprisonment. In case nothing be found from which the amount can be collected, the defendant shall be imprisoned in the jail of Langlade county, or in the police station, according to the terms of the execution. Such execution may be in the following form: State of Wisconsin, City of Antigo, County of Langlade - SS.

The state of Wisconsin to the sheriff or any constable of said county of Langlade, the city marshal of said city, the keeper of the common jail of said county, or the keeper of the police station: the violation of (here insert the number of section, chapter, the title of the ordinances and offenses, as set forth in the complaint). These are, therefore, in the name of the state of Wisconsin, to command you to levy distress on the goods and chattels of the said and make sale thereof according to law in such case made and provided, to the amounts of said sums together with your fees, and twenty-five cents for the execution; and the same return to me within thirty the keeper of the common jail of said county, or to the keeper of the police station of the city of Antigo, who is hereby commanded to receive and keep the

Section 5. All penalties, forfeitures, fines of claim due to said city, where or when paid to the magistrate authorized to receive same, shall be paid by him to the city treasurer, within one month after the receipt thereof, by him. Whenever execution shall be issued upon any judgment in favor of the city, the same shall be returned by the officer receiving the same, to the judge or justice who issued it, on or before the return day thereof, and if such officer neglect to return same for two days after the return day thereof, the judge or justice shall report the fact to the city treasurer, who shall cause an action to be brought in the name of the city, against the officer and his sureties for the default.

Section 6. Appeals shall be allowed in all said cases to the circuit court, and taken in the same manner as appeals from justices of the peace. The defendant in all city prosecutions may appeal to the circuit court of Langlade County, by filing an affidavit and bond, and complying with the requirements of appeals shall be taken and perfected within fortyeight hours from the time the judgment is rendered in the suit. Upon any appeal being taken and allowed, the judge or justices shall stay all fuither proceedings in the case and the defendant, if in custody, shall be charged, and the judge or justices shall transmit the papers in the case so appealed, with a transcript of his docket, and the circuit court within the time and in the manner prescribed, in cases appealed from the justice of the peace.

Section 7. The jail fees, and officers fees, if any, commitment or prosecution in behalf of the same shall be audited and allowed by the common council when the same cannot be collected by the defendant, before his discharge, and said common council may by resolution direct the justice to discharge from the jail any person confined for a judgment of said city, but such discharge shall not open as a release of the judgment, unless said common council shall direct in their resolution. On filing a certified copy of such resolutions assisted by the city clerk, the judges or justices shall order such defendant discharged from custody and make an entry of such discharge on his docket, an execution may issue or be renewed by an endorsement from time to time, before or after the return day thereof, and before or after the commitment of the defendant; until the judgment is satisfied or released; but after the defendant shall have been once committed, no execution shall be issued against the body of the defendant in the same action.

Finance And Taxation

Section 1. The fiscal year of the city of Antigo shall commence on the second Tuesday of April. Section 2. All moneys credited and demands be- longing to the city of Antigo shall be kept by and deposited with the city treasurer, and be under control of the common council, and shall only be drawn upon orders signed by the mayor and city clerk, duly authorized by a vote of the common council, and in no other manner, provided, that the school fund may be drawn out as provided by other provisions of this act, and all resolutions adopted by the common council authorizing the expenditure of moneys, shall appropriately specify the amount to be expended and no extra or additional compensation shall be allowed or paid on any contract, or on account of any contract, or to any contractor, person or persons, for any service or work done, or material furnished to or for the city.

Section 3. No debt shall be contracted against the city or certificate of indebtedness be drawn upon the city treasurer, unless the same shall be authorized by a majority of all the members elect of the common council, and the vote authorizing the same shall be entered ayes and r.ays, upon the jourra^ o' the common council, provided that the common counc'l, shall not, in any case, or under any pretext, or any purpose whatever, contract debts or liabilities of any kind, name or nature, exceeding the amount which it is authorized by the provision of this act to levy for the recent year.

Section 4. All forfeitures and pera'tiei accru'n^ to the city for violation of this act, or any of the ordinances, by-laws, rules ar.d regu'a'iors of the city, passed thereunder, or for any act of onis i^n or commission forbidden or made punishable by or under the general laws of the stats, which act oi omission or commission is also forbidden or made punishable by any ordinance, by-law or regulation of said city, and all moneys received for licenses an insurance percentage, and from all other sources for the city, shall be paid into the city treasury and become a part of the general fund, and all moneys received for tuition of scholars under this act, shall be paid into the treasury, and become part of the school fund.

Section 5. All orders drawn upon the treasury of the city shall be made payable to the order of the person in whose favor they may be drawn and shall be transferred only by indorsement. Each order shall specify upon its face the purpose for which it was drawn, and the same shall be payable out of the proper fund, and all such orders shall be received in payment of any municipal tax levied and assessed.

Section 6. No interest shall be allowed or paid on any city clerk order or certificate of indebtedness, unless the same is expressly authorized by the common council, by a vote of a majority of all members elect.

Section 7. All corporations, companies, and associations, by their respective underwriters or agents, engaged in said city in effecting fire insurance, shall account and pay to the city treasurer, the two per cent, upon the amount of all premiums which shall be received or agreed to be paid for insurance, at the times and in the manner and form prescribed or provided for by section 19-6 revised statutes.

Section 8. Real estate exempt by the laws of the state from general taxation, shall be subject to special taxes for the building of streets, sewers, sidewalks, repairing and cleaning of sidewalks, removal of nuisances, and such other work, walks, and labor, for which a special Hen is given, and the making of local and general improvements, and all the property of the city shall be subject thereto, provided that the property of the city shall be exempt from all taxation, except such special tax, when known, and give the amount of such tax so levied and assessed upon each such lots or part of lots, or lands. On or before the f':st day of December of each year, the city clerk of said city, shall insert in a separate column in the tax list of his city next there after to be delivered to the city treasurer of said city for collection and opposite to the description therein of each of said lots, or part of lots, or lands, the amount of such special tax properly chargeable thereto as appears by the aforesaid resolution adopted by the common council, and then said special taxes shall be collected or returned delinquent in the same manner as town, county and state taxes are collected or returned delinquent by law, and the lots, or part of lets, or lands, upon which such special taxes may be so lev'eJ and assessed may be sold and conveyed for the non-payment thereof, in the same marner and with the same effect 3.3 if sail special tax had been a ge, era! town, county cr state tax.

Section 9. When it shall be necessary in the opinion of the common council to repair or reconstruct any sidev.a^k the common council ma/ cause such sidev. alk to be repaired or reconstructed at the expense of the owners of the lot or lots or lands abutting on such sidewalk in the same manner as is authorized to construct new sidewalk, provided, however, that dangerous sidewalk shall be in immediately the same condition and the cost of repair'ng shall not exceed three dollars, the street commissioner abutting will notify the owner of the lot or lots of said on dangerous sidewalk, if a resident of said city, to repair such sidewalk, and if such owner shall not at once proceed to repair same the street commissioner shall at once repair such dangerous sidewalk, and the cost of such repairs shall be levied upon and collected from the lot or lands abutting on such dangerous sidewalk, in the same manner as the cost of constructing new walks are levied and collected from the lots and lands abutting thereon.