[HISTORY: Adopted by the Village Board of the Village of Theresa
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-3-1996 as Title 1, Chs. 1 and 2 and
§§ 2-1-1 and 2-1-3 of the 1996 Code]
These collected ordinances shall be known and referred to as the "Code of the Village of Theresa, Wisconsin." References to the Code of the Village of Theresa, Wisconsin, shall be cited as follows (sample): "§ 5-1 of the Code of the Village of Theresa, Wisconsin."
The following rules or meanings shall be applied in the construction
and interpretation of ordinances codified in this Code unless such application
would be clearly inconsistent with the plain meaning or intent of the ordinance:
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," "Code
of Ordinances" and "Municipal Code," when used in any section of this Code,
shall refer to this Code of the Village of Theresa 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. Use has been made of masculine pronouns in these
ordinances solely for the sake of brevity. Unless specifically stated to the
contrary, words 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 ordinance.
G.
Joint authority. All words purporting to give a joint
authority to three or more Village officers or employees shall be construed
as giving such authority to a majority of such officers or other persons.
H.
Officers. The term "officers" shall refer solely to local
offices created by state statute.
I.
Officials. The term "officials" shall mean all Village
officers and employees.
J.
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.
K.
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.
L.
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.
M.
Tense. The use of any verb in the present tense shall
not preclude the interpretation of the verb in the future tense where appropriate.
N.
Village. The term "Village" shall mean the Village of
Theresa, Dodge County, Wisconsin.
O.
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.
P.
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.
[Amended 8-1-2005 by Ord. No. 1-10]
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 Village of Theresa, Wisconsin, shall take
effect as provided by state law.
B.
Subsequent ordinances. All ordinances passed by the Village Board
subsequent to the adoption of this Code, except when otherwise specifically
provided, shall take effect from and after their publication.
A.
Except where a penalty is provided elsewhere in this
Code, any person who shall violate any of the provisions of this Code may,
upon conviction of such violation, be subject to a penalty, which shall be
as follows: [1]
(1)
First offense. Any person who shall violate any provision
of this Code may, upon conviction thereof, forfeit not less than $25 nor more
than $1,000, together with the costs of prosecution, and in default of payment
of such forfeiture and costs of prosecution may 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 may, upon
conviction thereof, forfeit not less than $50 nor more than $2,000 for each
such offense, together with costs of prosecution, and in default of payment
of such forfeiture and costs may 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 Village from maintaining any appropriate action to prevent
or remove a violation of any provision of this Code.
C.
Other remedies. The Village shall have any and all other
remedies afforded by the Wisconsin Statutes in addition to the forfeitures
and costs of prosecution above.
A.
Authorization for use of citation. The Village of Theresa
hereby elects to use the citation method of enforcement of ordinances. All
Village officers and other Village personnel charged with the responsibility
of enforcing the provisions of this Code are hereby authorized pursuant to
§ 66.0113(1)(a), Wis. Stats., to issue citations for violations
of this Code, including ordinances for which a statutory counterpart exists.
B.
Officials authorized to issue citation. Citations authorized in Subsection A above may be issued by law enforcement officers of the Village and by the following designated Village officials with respect to sections of the Code which are directly related to the official's area of responsibility. The officials granted authority to issue citations under this subsection may delegate the authority to other Village employees within the designated official's department with the approval of the Village Board.
C.
Form of citation. The form of the citation to be issued
by Village police officers or other designated Village officials is incorporated
herein by reference and shall provide for the information required in § 66.0113(1)(b),
Wis. Stats.[2]
D.
Schedule of cash deposits. The cash deposits for the
various ordinances for which a citation may be issued are as established on
the deposit schedule adopted by the Village Board, a copy of which is on file
with the Village Clerk-Treasurer. In addition to the deposit amount listed,
the deposit must include the costs, fees and surcharges imposed under Ch.
814, Wis. Stats. The Chief of Police shall be provided a copy of all bond
schedules and amendments thereto.[3]
E.
Receipt of cash deposits. Deposits shall be made in cash,
money order, personal check or certified check to the Clerk of Circuit Court.
Receipts shall be given for all deposits received.
F.
Procedure. Section 66.0113(3), Wis. Stats., relating
to a violator's options and procedure on default, is hereby adopted and incorporated
herein by reference.
G.
Nonexclusivity of section.
(1)
Adoption of this section does not preclude the Village
Board from adopting any other ordinance providing for the enforcement of any
other law or ordinance relating to the same or other matters.
(2)
The issuance of a citation hereunder shall not preclude
the Village or any authorized officer from proceeding under any other ordinance
or law or by any other enforcement method to enforce any ordinance, regulation
or order.
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 Village 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 Village Clerk-Treasurer's
office shall be considered public records open to reasonable examination by
any person during the office hours of the Village Clerk-Treasurer subject
to such restrictions on examination as the Clerk-Treasurer imposes for the
preservation of the material.
The official Village newspaper shall be the Lomira News, to be used
for the publication of legal and/or official notices and documents when publication
is used instead of posting as allowed by Wisconsin law.
The Village of Theresa is a body corporate and politic with the powers
of a municipality at common law and governed by the provisions of Chs. 61
and 66, Wis. Stats., laws amending those chapters, other acts of the legislature
and the Constitution of the State of Wisconsin.
[Adopted 8-1-2005 by Ord. No. 1-10]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Theresa of a general and permanent nature adopted by the Village Board of the Village of Theresa, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 350, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Theresa," 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 Village 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 Village
Clerk-Treasurer, and such certified copy shall remain on file in the office
of said Village 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 Village Board
to make them a part thereof, shall be deemed to be incorporated into such
Code so that reference to the "Code of the Village of Theresa" 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 Village of Theresa, 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 Village 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 Village Board. 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 Village of Theresa
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 § 1-21 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 June 3, 1996.
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 Village'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 ordinance adopting or amending the Zoning Map.
O.
Any ordinance establishing or amending sewer or water
service rates or charges.
A.
In compiling and preparing the ordinances for publication as the Code of the Village of Theresa, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections B, C and D 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 Village 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 following changes are made throughout the Code:
(1)
References to specific chapters and sections of the Wisconsin
Statutes and Administrative Code are revised to reflect the numbering of the
statutes and Administrative Code 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 Zoning Appeals" and "Board
of 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 "Sewer Utility" and "Water Utility"
are amended to read "Sewer and Water Utility."
(7)
References to the "Comprehensive Development Plan," "Master
Plan" and "Comprehensive Land Use and Thoroughfare Plan" are amended to read
"Comprehensive Plan."
C.
The word "shall" is changed to "may" in penalty sections
as follows:
(1)
The wording "shall, upon conviction" or "shall be imprisoned" is amended to "may, upon conviction" or "may be imprisoned," respectively, in §§ 37-4, 201-4E(2) and F(2), 254-13E, 308-21B(1), 343-37F, 350-69C(1), 350-79F(2) and 350-93C.
(3)
The wording "shall be subject" or "shall be punishable" is amended to "may be subject" or "may be punishable," respectively, in §§ 27-8, 104-9D, 109-22, 122-7, 127-2H(1), 155-10C, 194-1, 207-5E, 207-6A(1) and B(2), 207-9B, 233-9B, 254-5B(2), 254-15B, 254-18C, 254-21E and F, 303-14C, 337-4, 337-34E and 343-8.
D.
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.)[1]
[1]
Editor's Note: In accordance with § 1-23D, the chapters, parts and sections which were added or amended 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 or additions will be replaced with the following history: "Amended (added) 8-1-2005 by Ord. No. 1-10." Schedule A, which contains a complete description of all changes, is on file in the Village offices.
This ordinance shall take effect upon passage and publication as required
by law.
