[HISTORY: Adopted by the Common Council of
the City of Montello as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-7-1984 as §§ 1-1-2, 1-1-3, 1-1-5,
1-1-7, 1-1-8 and 1-2-1 of the 1984 Code]
The following rules or meanings shall be applied
in the construction and interpretation of ordinances unless such application
would be clearly inconsistent with the plain meaning or intent of
the ordinances:
A. Acts by agents. When an ordinance requires an act
to be done by a person which may be legally performed by an authorized
agent of that principal person, the requirement shall be construed
to include all acts performed by such agents.
B. Code and Code of Ordinances. The words "Code," "Municipal
Code" and "Code of Ordinances" when used in any section of this Code
shall refer to this Code of the City of Montello unless the context
of the section clearly indicates otherwise.
C. Computation of time. In computing any period of time
prescribed or allowed by these ordinances, the day of the act or event
from which the period of time begins to run shall not be included,
but the last day of the period shall be included, unless it is a Saturday,
a Sunday or a legal holiday. If the period of time prescribed or allowed
is less than seven days, Saturdays, Sundays and legal holidays shall
be excluded in the computation. As used in this subsection, "legal
holiday" means any statewide legal holiday specified by state law.
D. Fine. The term "fine" shall be the equivalent of the
word "forfeiture," and vice versa.
E. Gender. Every word in these ordinances referring to
the masculine gender shall also be construed to apply to females,
and vice versa.
F. General rule. All words and phrases shall be construed
according to their plain meaning in common usage. However, words or
phrases with a technical or special meaning shall be understood and
construed according to that technical or special meaning if such is
the intent of the ordinances.
G. Joint authority. All words purporting to give a joint
authority to three or more City officers or employees shall be construed
as giving such authority to a majority of such officers or other persons.
H. Person. The word "person" shall mean any of the following
entities: natural persons, corporations, partnerships, associations,
bodies politic or any other entity of any kind which is capable of
being sued.
I. Repeal. When any ordinance having the effect of repealing
a prior ordinance is itself repealed, such repeal shall not be construed
to revive the prior ordinance or any part thereof unless expressly
so provided.
J. Singular and plural. Every word in these ordinances
referring to the singular number only shall also be construed to apply
to several persons or things, and every word in these ordinances referring
to a plural number shall also be construed to apply to one person
or thing.
K. Tense. The use of any verb in the present tense shall
not preclude the interpretation of the verb in the future tense where
appropriate.
L. Wisconsin Statutes. The term "Wisconsin Statutes"
and its abbreviation as "Wis. Stats." shall mean, in these ordinances,
the Wisconsin Statutes as of the adoption of this Code, as amended
or renumbered from time to time.
M. Wisconsin Administrative Code. The term "Wisconsin
Administrative Code" and its abbreviation as "Wis. Adm. Code" shall
mean the Wisconsin Administrative Code as of the adoption of this
Code, as amended or renumbered from time to time.
A. If the provisions of different chapters conflict with
each other, the provisions of each individual chapter shall control
all issues arising out of the events and persons intended to be governed
by that chapter.
B. If the provisions of different sections of the same
chapter conflict with each other, the provision which is more specific
in its application to the events or persons raising the conflict shall
control over the more general provision.
A. Code. The Code of the City of Montello, Wisconsin,
shall take effect from and after passage and publication as provided
by state law.
B. Subsequent ordinances. All ordinances passed by the
Common Council subsequent to the adoption of this Code, except when
otherwise specially provided, shall take effect from and after their
publication.
A. Violations and penalties. Except where a penalty is
provided elsewhere in this Code, any person 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:
(1) First offense. Any person who shall violate any provision
of this Code shall, upon conviction thereof, forfeit not less than
$5 nor more than $500, 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.
(2) Second offense. Any person found guilty of violating
any ordinance or part of an ordinance of this Code who shall previously
have been convicted of a violation of the same ordinance within one
year shall, upon conviction thereof, forfeit not less than $20 nor
more than $1,000 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 exceeding six months.
B. 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.
C. Other remedies. The City shall have any and all other
remedies afforded by the Wisconsin Statutes in addition to the forfeitures
and costs of prosecution above.
A. Section 938.17(2), Wis. Stats., is hereby adopted.
B. Subject to the provisions and limitations of § 938.17(2),
Wis. Stats., complaints alleging a violation of any provision of this
Code against persons 16 and 17 years of age may be brought in the
Municipal Court for the City of Montello by use of the Uniform Citation
Procedure. If such a citation is issued to a child 16 or 17 years
of age, the Police Department shall, within seven days of the issuance
of said citation, notify the child's parent or guardian of the issuance
of said citation.
[Amended 2-6-2017]
C. The Marquette County Municipal Court shall not impose
incarceration as a penalty.
[Amended 2-6-2017]
D. Penalties.
[Amended 7-6-2005]
(2) Second and subsequent offenses: $250.
(3) Persons 16 and 17 years old, first offense and all
subsequent offenses: $200.
Whenever any standard code, rule, regulation,
statute 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 City Clerk-Treasurer shall maintain in his office
a copy of any such material as adopted and as amended from time to
time. Materials on file at the City Clerk-Treasurer's office shall
be considered public records open to reasonable examination by any
person during the office hours of the City Clerk-Treasurer, subject
to such restrictions on examination as the Clerk-Treasurer imposes
for the preservation of the material.
Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of Montello of a general and permanent nature adopted by the Common Council of the City of Montello, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters
1 through
385, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of Montello," hereinafter referred to as the "Code."
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.
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.
A copy of the Code, in loose-leaf form, has
been filed in the office of the City Clerk-Treasurer 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-Treasurer,
and such certified copy shall remain on file in the office of said
City Clerk-Treasurer to be made available to persons desiring to examine
the same during all times while said Code is in effect.
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 Montello" 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 printed and, as provided hereunder,
inserted in the loose-leaf book containing said Code as amendments
and supplements thereto.
The Clerk-Treasurer of the City of Montello,
pursuant to law, shall cause to be published, in the manner required
by law, a copy of this Adoption Ordinance. Sufficient copies of the
Code shall be maintained in the office of the Clerk-Treasurer for
inspection by the public at all times during regular office hours.
The enactment and publication 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.
It shall be the duty of the City Clerk-Treasurer,
or someone authorized and directed by the Clerk-Treasurer, to keep
up-to-date the certified copy of the book containing the Code required
to be filed in the Clerk-Treasurer'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 printed as supplements
to said Code book, at which time such supplements shall be inserted
therein.
Copies of the Code, or any chapter or portion
of it, may be purchased from the Clerk-Treasurer or an authorized
agent of the Clerk-Treasurer upon the payment of a fee to be set by
the Common Council. The Clerk-Treasurer may also arrange for procedures
for the periodic supplementation of the Code.
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 Montello to be misrepresented
thereby. Anyone violating this section or any part of this ordinance
shall be subject, upon conviction, to a fine of not more than $500,
in the discretion of the Judge imposing the same.
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.
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.
All ordinances or parts of ordinances of a general
and permanent nature adopted and in force on the date of the adoption
of this ordinance and not contained in the Code are hereby repealed
as of the effective date of this Adoption Ordinance, except as hereinafter
provided.
The adoption of this Code and the repeal of ordinances provided for in §
1-18 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 July 6, 2004.
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 establishment of fees.
K. The annexation or dedication of property or approval
of preliminary or final subdivision plats.
L. Ordinances providing for local improvements or assessing
taxes or special assessments therefor.
M. All currently effective ordinances pertaining to the
rate and manner of payment of salaries and compensation of officers
and employees.
N. Any legislation relating to or establishing a pension
plan or pension fund for municipal employees.
O. Any ordinances adopting or amending a Zoning Map.
Q. Any ordinances designating snowmobile routes.
A. In compiling and preparing the ordinances for publication as the Code of the City of Montello, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections
B and
C hereof. In addition, 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 following changes are made throughout the Code:
(1) References to specific chapters and sections of the
Wisconsin Statutes are revised to reflect the numbering of the statutes
as of the publication of this Code.
(2) References to the "Department of Health and Social
Services" are amended to read "Department of Health and Family Services."
(3) References to the "Department of Industry, Labor and
Human Relations (ILHR)" are amended to read "Department of Commerce
(COMM)."
(4) References to the "Board of Appeals," "Board of Adjustment/Appeals"
and "Board of Zoning Appeals" are amended to read "Zoning Board of
Appeals."
(5) References to the "Clerk" and "Treasurer" are amended
to read "Clerk-Treasurer."
(6) References to the "Plan Commission" and "Planning
Commission" are amended to read "Mayor's Planning and Advisory Committee."
(7) References to the "City Council" are amended to read
"Common Council."
(8) References to the "Superintendent of Streets," "Street
Commissioner," "Transportation Superintendent," "Water Superintendent,"
"Water Works Superintendent," "Public Works Commissioner," "Superintendent
of Public Works" and "Public Works Director" are amended to read "Director
of Public Works."
(9) References to the "Health Officer" are amended to
read "Building Inspector."
(10) References to the "Sewer Department" are amended to
read "Sewer Utility."
C. In addition, 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.)
This ordinance shall take effect upon passage
and publication as required by law.