[HISTORY: Adopted by the Town Board of the Town of Herman
as indicated in article histories. Amendments noted where applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The following rules or meanings shall be applied in the construction
and interpretation of ordinances codified in this Code 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 that an act 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," "Code of Ordinances" and
"Municipal Code" when used in any section of this Code shall refer
to this Code of Ordinances of the Town of Herman unless the context
of the section clearly indicates otherwise.
C.
Fine.
The term "fine" shall be the equivalent of the word "forfeiture,"
and vice versa.
D.
Gender.
Use has been made of masculine pronouns in these ordinances solely
for the sake of brevity. Unless specifically stated to the contrary,
this Code of Ordinances is gender neutral and words in these ordinances
referring to the masculine gender shall also be construed to apply
to females, and vice versa.
E.
General
rule. All words, phrases and ordinances shall be construed according
to their plain meaning in common usage and shall be liberally construed
in favor of the Town. 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.
Unless specifically defined, words and phrases used in this Code of
Ordinances shall have the same meaning as they have at common law
and to give this Code of Ordinances its most reasonable application.
The word "may" is permissive; "shall" is mandatory and not discretionary.
F.
Joint
authority. All words purporting to give a joint authority to three
or more Town officers or employees shall be construed as giving such
authority to a majority of such officers or other persons.
G.
Officers.
The term "officers" shall refer solely to local offices created by
state statute.
H.
Officials.
The term "officials" shall mean all Town officers and employees.
I.
Person.
The word "person" shall mean any of the following entities: natural
persons, corporations, partnerships, associations, limited liability
companies, firms, bodies politic, joint venture, joint-stock company,
association, public or private corporation, the United States, the
State of Wisconsin, including any unit or division thereof, any county,
city, village, town, municipal utility, municipal power district or
other governmental unit, cooperative, estate, trust, receiver, executor,
administrator, any other fiduciary, any representative appointed by
order of any court or otherwise acting on behalf of others, or any
other entity of any kind which is capable of being sued (includes
singular as well as plural).
J.
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.
K.
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 the plural
number shall also be construed to apply to one person or thing.
L.
Tense.
The use of any verb in the present tense shall not preclude the interpretation
of the verb in the future tense where appropriate.
M.
Town.
The term "Town" shall mean the Town of Herman, Dodge County, Wisconsin.
N.
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.
O.
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.
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 Ordinances, Town of Herman, Dodge County, Wisconsin, shall
take effect as provided by state law.
B.
Subsequent
ordinances. All ordinances passed by the Town Board subsequent to
the adoption of the Code of Ordinances, except when otherwise specifically
provided, shall take effect from and after their publication or legal
posting.
A.
General
penalty. 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 $25 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 $50 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 Town from maintaining any appropriate action to prevent or remove
a violation of any provision of this Code.
C.
Other
remedies. The Town shall have any and all other remedies afforded
by the Wisconsin Statutes in addition to the forfeitures and costs
of prosecution above, including those specifically prescribed in §§ 66.0109,
66.0114 and 66.0115, Wis. Stats., incorporated herein by reference.
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 Town
Clerk shall maintain in his/her office a copy of any such material
as adopted and as amended from time to time. Materials on file at
the Town Clerk's office shall be considered public records open
to reasonable examination by any person during the office hours of
the Town Clerk, subject to such restrictions on examination as the
Clerk imposes for the preservation of the material.
[Adopted 1-13-2015 by Ord. No. 15-01]
The Code of Ordinances in book form titled "Code of the Town
of Herman, Wisconsin," having been placed on file and open to public
inspection in the office of the Town Clerk for a period of two weeks
in accordance with the procedure provided under § 66.0103,
Wis. Stats., is hereby adopted as the general code of ordinances in
and for the Town of Herman, Dodge County, Wisconsin.
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 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 has been filed in the office of the Town
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 Town Clerk, and such certified copy shall remain on file in the
office of said Town Clerk 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 Town Board to make them a part thereof, shall be deemed to
be incorporated into such Code so that reference to the "Code of the
Town of Herman" 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.
The Clerk of the Town of Herman, 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.
It shall be the duty of the Town 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.
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 Town Board. The Clerk 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 Town of Herman 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.
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.
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 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 Town
of Herman which is not in conflict with the provisions of the Code
shall be deemed to remain in full force and effect.
The adoption of this Code and the repeal of ordinances provided for in § 1-17 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 30, 2014.
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 Town'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.
M.
Any legislation relating to or establishing a pension plan or pension
fund for municipal employees.
N.
Any ordinances adopting or amending a zoning map or otherwise rezoning
property.
O.
Any charter ordinances.
P.
Any ordinance or portion of an ordinance establishing a specific
fee amount for any license, permit or service obtained from the Town.
Q.
Any ordinance or portion of an ordinance establishing or amending
a deposit or bond schedule.
A.
In compiling and preparing the ordinances for publication as the Code of the Town of Herman, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B 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 Town Board 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 amendments and/or additions to existing ordinances as set forth
in Schedule A[1] 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]
Editor's Note: In accordance with § 1-19B, the chapters, parts and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 1-13-2015 by Ord. No. 15-01." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
This ordinance shall take effect upon passage and publication
as required by law.
