The jurisdiction of this chapter shall apply
to all structures, lands, water, and air within the corporate limits
of the City of Burlington and to the properties within the area encompassed
by the exercise of the City's extraterritorial zoning jurisdiction,
enacted in Ordinance No. 1677(25), as shown on Exhibit A to that ordinance,
on file at City Hall.
[Amended 4-6-1994 by Ord. No. 1467(40)]
A. No structure, land, water, or air shall hereafter
be used and no structure or part thereof shall hereafter be located,
erected, moved, reconstructed, extended, enlarged, converted, or structurally
altered without a zoning permit and without full compliance with the
provisions of this chapter and all other applicable local, county,
and state regulations.
B. Municipalities and state agencies regulated. Unless
specifically exempted by law, all cities, villages, towns, and counties
are required to comply with this chapter and obtain all required permits.
State agencies are required to comply if § 13.48(13), Wis.
Stats., applies. The construction, reconstruction, maintenance, and
repair of state highways and bridges by the Wisconsin Department of
Transportation are exempt from compliance when § 30.12(4)(a),
Wis. Stats., applies.
No lot, yard, parking area, building area, or
other space shall be reduced in area or dimensions so as not to meet
the provisions of this chapter. No part of any lot, yard, parking
area, or other space required for a structure or use shall be used
for any other structure or use.
[Added 5-6-2003 by Ord. No. 1721(1)]
In all of those shoreland areas of the City
of Burlington annexed or attached to the City of Burlington after
May 7, 1982, the following minimum lot sizes, building setbacks, cutting
of trees and shrubbery, filling, grading, lagooning, dredging, ditching,
and excavating regulations shall apply:
A. Minimum lot sizes. Minimum lot sizes in the shoreland
area shall be established to afford protection against danger to health,
safety and welfare and protection against pollution of the adjacent
body of water.
(1)
Lots served by public sanitary sewer shall have
a minimum lot width of 65 feet and a minimum area of 10,000 square
feet.
(2)
Lots not served by public sanitary sewer shall
have a minimum width of 150 feet and a minimum area of 40,000 square
feet. When there is a reasonable likelihood that unsewered lot will
be sewered within 10 years and that the required frontage thereafter
will be 75 feet, the City Plan Commission or subdivider may cause
dotted lines to be drawn across the center of the lots applicable
on plat and zoning maps so as to notify prospective purchasers of
that possibility.
B. Building setbacks. Permitted building setbacks shall
be established to conform to health, safety and welfare requirements,
preserve natural beauty, reduce flood hazards, and avoid water pollution.
(1)
Minimum yard setback requirements for new single-family
residential parcels created in the shoreland area shall be as follows:
(a)
Lots served by public sanitary sewer shall have
the following minimum yard setback requirements:
(b)
Lots not served by public sanitary sewer shall
have the following minimum yard setback requirements:
(2)
Unless an existing development pattern exists,
a setback of 75 feet from the ordinary high-water mark of an adjacent
body of water to the nearest part of a building or structure shall
be required for all buildings and structures except piers, boat hoists,
and boathouses. If an existing development pattern exists, shore yards
may be reduced to the average of the shore yards existing on the abutting
properties within a distance of 100 feet of the subject site but shall
not be reduced to less than 50 feet.
(3)
Buildings and structures to be constructed or placed in a floodplain shall be required to comply with any applicable floodplain zoning ordinance requirements; see Chapter
119.
[Amended 3-6-2012 by Ord. No. 1943(20)]
(4)
The use of boathouses for human habitation and
the construction or placing of boathouses beyond the ordinary high-water
mark of any navigable waters shall be prohibited.
C. Boathouses located within shoreland areas. Boathouses
located within shoreland areas shall be regulated as follows:
(1)
Boathouses accessory to residential uses may
be located within a shore yard but shall:
(a)
Be no closer than 20 feet to the average annual
high-water elevation of the stream, lake, pond, or wetland. The Zoning
Board of Appeals may vary this distance; in no case, however, shall
boathouses be allowed to project beyond the shoreline.
(b)
Not exceed one boathouse on the premises for
each shoreland lot.
(c)
Not exceed a height of 15 feet above the high-water
elevation.
(d)
Not exceed 250 square feet in horizontal area
covered.
(e)
Not be closer than 15 feet to any side lot line.
(f)
Be constructed in such a manner as to orient
the main opening of the boathouse toward the body of water.
(g)
Be used strictly for the storage of boats and
water-related recreational accessories.
(2)
The use of a boathouse for human habitation
is prohibited. No plumbing, heating or cooking facilities may be provided
in or for a boathouse.
(3)
The roof of a boathouse shall not be used as
a deck or for other such purposes, nor shall railings be placed on
top of the boathouse.
D. Cutting of trees and shrubbery clearing.
(1)
Tree cutting and shrubbery clearing are prohibited
except for home and park site development, access roads, customary
trimming, dead tree removal, stream and drainage projects approved
by the City Plan Commission, and managed timber harvesting under a
State of Wisconsin District Forester's plan within the following distances
from high-water elevation:
(a)
Lakes 50 acres or more in area: 300 feet.
(b)
Lakes less than 50 acres in area: 200 feet.
(c)
Navigable streams: 100 feet.
(d)
All other streams: 50 feet.
(2)
Tree cutting and shrubbery clearing not prohibited under Subsection
D(1) above may be allowed as a conditional use, provided that such cutting and clearing within 35 feet inland from the ordinary high-water mark shall not exceed 30 feet in any 100 feet, as measured along the ordinary high-water mark, and shall be so regulated as to prevent erosion and sedimentation, preserve and improve scenic qualities, and during foliation substantially screen any development from stream or lake uses. Paths and trails shall not exceed 10 feet in width and shall be so designed and constructed as to result in the least removal and disruption of shoreland cover and the minimum impairment of natural beauty. Any path or trail within the thirty-five-foot area described above shall be constructed and surfaced so as to effectively control erosion.
(3)
The City Plan Commission or the Zoning Administrator
shall request a review of such tree cutting and shrubbery clearing
in excess of one acre by the Wisconsin Department of Natural Resources
and await its recommendations before taking final action, but not
to exceed 60 days.
E. Clearing requiring approval. Site, road (except roads used primarily for agricultural purposes), path, and trail development and all other cutting and trimming within the shoreland area shall be conditional uses requiring review, public hearing, and approval by the City Plan Commission in accordance with §
315-130 of this chapter.
F. Earth movements and soil disturbance activities.
(1)
Earth movements and soil disturbance activities,
such as topsoil removal, road cutting, construction, altering, or
enlargement of waterways, stream course changing, removal of stream
or lake bed material, channel clearing, filling, grading, lagooning,
dredging, ditching, excavating, and soil and water conservation structures,
may be permitted by the Plan Commission as conditional uses provided
that such uses are so regulated as to prevent erosion and sedimentation
and to least disturb the natural fauna, flora, watercourse, water
regimen, and topography and only in accordance with the requirements
of Ch. 30, Wis. Stats., and other state and federal laws where applicable.
(2)
The Zoning Administrator shall request a review
of such earth movement and soil disturbance activities by the County
Land Conservation Office and the State District Fish and Game Managers
and a review of each such cutting and clearing from the State District
Forester and await their recommendations before taking final action,
but not to exceed 60 days.
(3)
A copy of the City Plan Commission's decision
on such application shall be forwarded to the Wisconsin Department
of Natural Resources and the Region 2 Water Resources Advisory Board
within 10 days of such decision.
G. Pyramiding. No pyramiding, as defined in §
315-140 of this chapter, shall be permitted on any lands fronting a public body of water except as may be specifically permitted accessory to a marina or resort or which may be allowed under the terms of a conditional use permit for a planned residential development or which may be approved as a part of a subdivision plat review.
[Added 10-17-2023 by Ord. No. 2102(8)]
A. Intent and findings of fact.
(1)
Intent.
(a)
The intent of this section is to regulate adult establishments
and related activities to protect the health, safety, and general
welfare of the citizens of Burlington, to further preserve the quality
of family life as well as the rural characteristics of the City, to
prevent adverse and deleterious effects contributing to the blight
and downgrading of portions of the City, to avoid the effects of adult
entertainment upon minors and the violation of the civil rights of
many persons partaking in such entertainment, to mitigate criminal
activity and disruption of public peace associated with adult establishments,
and also to prevent the unsanitary and unhealthful conditions associated
with such establishments. This regulation will establish reasonable
and uniform provisions to regulate adult establishments within the
City of Burlington.
(b)
It is not the intent or effect to restrict or deny access by
the distributors or exhibitors of sexually oriented entertainment
to their intended market.
(c)
It is not the intent or effect to limit or restrict the lawful
activities permitted under Ch. 125, Wis. Stats., "Alcohol Beverages,"
and the Municipal Code of the City of Burlington. By the enactment
of this section, the Burlington Common Council does not intend to
give any explicit, implicit, or tacit approval or condone any activity
relating to adult entertainment.
(d)
The Common Council intends to control the impact of the secondary effects enumerated in §
315-12.2A(2) in order to protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; and preserve the property values and character of surrounding neighborhoods and areas.
(e)
It is not the Common Council's intent to suppress any speech
activities protected by the First Amendment, but to enact a content-neutral
ordinance which addresses the secondary effects of adult establishments
while providing an outlet for First Amendment protected activities.
(f)
In order to minimize and control the secondary effects of adult
establishments upon the City, it is the Common Council's intent
to prevent the concentration of adult establishments within a certain
distance of other specified locations which are incompatible with
and would suffer from the secondary effects of adult establishments.
(2)
Findings of fact.
(a)
The Common Council finds that adult establishments as defined
in this section require special zoning in order to protect and preserve
the health, safety, and welfare of the City of Burlington.
(b)
Based on its review of the following:
[1] Report to the American Center for Law and Justice
on the Secondary Impacts of Sexual Oriented Businesses;
[2] The Affidavit of Richard McCleary for the case
of New Albany DVD LLC v. City of Albany;
[3] National Law Center Summaries of SOB Land Use Studies;
[4] Workplace Perspectives on Erotic Dancing, a Minneapolis
Minnesota Study;
[5] The studies conducted in Newport News, Virginia,
Garden Grove, California, Dallas, Texas, Houston, Texas;
[6] The Effects of Sexually Oriented Businesses by
Louis F. Cormus III, which summarized studies conducted in Phoenix,
Arizona; Garden Grove, California; Los Angeles, California; Whittier,
California; Indianapolis, Indiana; Minneapolis, Minnesota; Cleveland,
Ohio; Oklahoma City, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont,
Texas; Houston, Texas; Seattle, Washington; New York City, New York
(specifically, Times Square); Dallas, Texas; Environmental Research
Group Report; Tucson, Arizona; Manatee County, Florida; State of Minnesota;
New Hanover County, North Carolina; Town and Village of Ellicottville,
New York; Islip, New York; New York City, New York; Oklahoma City,
Oklahoma; Houston, Texas; Newport News; and Des Moines, Washington;
[7] The Police Memorandum dated May 1, 1990, to the
Tucson, Arizona, City Prosecutor;
[8] Rural Hotspots: The Case of Adult Businesses by
Dr. Richard McCleary;
[9] The findings incorporated in City of Renton v.
Playtime Theaters, Inc., 475 U.S. 41 (1986); Colman A. Young v. American
Mini-Theaters, Inc., 427 U.S. 50 (1976), Association of Club Executives
of Dallas, Inc., et al. v. City of Dallas, 22-CV-00177 (N.D. Tex.
May 24, 2022).
(c)
The Common Council finds that there is convincing evidence that
the secondary effects of adult establishments include an increased
risk of:
[2] High-risk sexual behavior and sexually transmitted
diseases;
[4] Crime, especially sex-related crimes; and
[5] Other deleterious effects upon existing business
and surrounding residential areas, and decreased property values.
B. Uses.
(1)
Principal uses. The First Amendment and other provisions of
the Unites States Constitution, as interpreted by the United States
Supreme Court and other courts, require that adult establishments,
as defined in this section, are entitled to certain protections, including
the opportunity to locate in the City. Therefore, an adult establishment
shall be an allowed principal use in all zoning districts subject
to the siting restrictions described in this section, except residentially
zoned districts (Rm, Rd, and Rs Districts). The adult establishment
may locate in the City only if an adult establishment license has
been granted by the City if all the requirements of this section and
the applicable zoning district's regulations are met.
(2)
Accessory uses. Any accessory use authorized by the underlying
zoning district may be an accessory use to an adult establishment.
In no case shall an adult establishment be an accessory use to any
principal use designated by any section of this chapter.
C. Regulations applicable to all adult establishments.
(1)
Location requirement. No permit shall be granted where the public
entrance of the proposed adult establishment is within 600 feet of
a residential use, residential district, house of worship, school,
day-care center, playground, public park, recreation area, library,
museum, or immediately adjacent to a bar or tavern that serves alcoholic
beverages. In the case of an area zoned residential, the distance
shall be measured from the nearest point on the residential district
zoning boundary line. From an area not zoned residential but used
for residential purposes, the measurement shall be taken from the
public entrance of the adult establishment to the nearest entrance
of the building in residential use. From schools, houses of worship,
day-care centers, libraries, and museums, the distance shall be measured
from the public entrance of the adult establishment to the main public
entrance of the protected use. From playgrounds, public parks, recreation
areas, and schools, houses of worship and day-care centers with playgrounds
or recreation areas, the distance shall be measured from the public
entrance of the adult establishment to the nearest property line of
the playground, public park, or recreation area.
(2)
Hours of operation. No adult establishment shall be open for
business at any time between the hours of 2:00 a.m. and 12:00 noon.
(3)
Animals. No animals, except for those animals required to assist
a disabled person under the Americans with Disabilities Act (ADA),
shall be permitted at any time at or in any adult establishment or
permitted premises.
(4)
Restricted access. No adult establishment patron shall be permitted
at any time to enter into any of the nonpublic portions of any adult
establishment, including specifically, but without limitation, any
storage areas or dressing or other rooms provided for the benefit
of adult establishment employees. This subsection shall not apply
to persons delivering goods and materials, food and beverages, or
performing maintenance or repairs to the permitted premises; provided,
however, that any such persons shall remain in such nonpublic areas
only for the purposes and to the extent and time necessary to perform
their job duties.
(5)
Exterior display. No adult establishment shall be maintained
or operated in any manner that causes, creates, or allows public viewing
of any adult material, or any entertainment depicting, describing,
or relating to "specified sexual activities" or "specified anatomical
areas," from any sidewalk, public or private right-of-way, or any
property other than the lot on which the permitted premises is located.
No portion of the exterior of an adult establishment shall utilize
or contain any flashing lights, search lights, or spotlights, or any
other similar lighting systems, or any words, lettering, photographs,
silhouettes, drawings, or pictorial representations of any manner
except to the extent specifically allowed by this section with regard
to signs. This subsection shall apply to any advertisement, display,
promotional material, decoration, or sign; to any performance or show;
and to any window, door, or other opening.
(6)
Sign limitations. All signs for adult establishments shall be
flat wall signs. The business may have only one nonflashing business
sign which may only indicate the name of the business and identify
it as an adult establishment and which shall not be larger than four
feet by four feet. Temporary signs shall not be permitted in connection
with any adult establishment.
(7)
Noise. No loudspeakers or sound equipment audible beyond the
adult establishment shall be used at any time.
(8)
Manager's stations. Each adult establishment shall have
one or more manager's stations. The interior of each adult establishment
shall be configured in such a manner that there is a direct and substantially
unobstructed view from at least one manager's station to every
part of each area, except restrooms, of the establishment to which
any adult establishment patron is permitted access for any purpose.
The cashier's or manager's station shall be located so that
someone working there can quickly move to physically halt any attempted
or accidental entry by a minor. An employee shall occupy the station
at all times when patrons are in and on the premises.
(9)
Adult booths prohibited. Adult booths shall be prohibited in
all adult establishments.
(10)
No loitering policy. The adult establishment shall clearly post
and enforce a no loitering policy.
(11)
Age limit restrictions. The adult establishment shall clearly
post and enforce age-limit restrictions. A one-square-foot sign shall
be placed on each public entrance which shall state "Admittance to
adults only" and may include other pertinent business information.
(12)
Measuring disbursement distances. The distances in this section
shall be measured by following a straight line, without regard to
intervening structures, from the public entrance (existing or proposed)
of an adult establishment to the nearest point of the protected use
as described below.
(13)
Spacing requirement. No more than one adult establishment may
be located on any one parcel, and the location of any one adult establishment
shall be at least 1,000 feet from the establishment of any other adult
establishment. This distance shall be measured from the public entrance
of one adult establishment to the public entrance of the other adult
establishment.
(14)
Display windows prohibited. All points of access into structures
containing adult establishments and all windows or other openings
shall be located, constructed, covered, or screened in a manner which
will prevent a view into the interior.
(15)
Residential quarters not allowed. No residential quarters shall
be allowed on a premises with an adult establishment.
(16)
All live performers in an adult establishment shall perform
only on a stage elevated no less than 36 inches above floor level.
There shall be a metal railing attached to the floor by bolts surrounding
the stage which shall keep patrons at least 48 inches from the stage.
There shall also be a metal railing attached to the floor by bolts
at the end of the stage.
(17)
The owner and/or operator of the adult establishment shall agree
to comply with all state, federal and local laws and ordinances, including
obscenity, liquor, and cabaret laws. Solicitation for purposes of
prostitution shall be strictly prohibited. Conduct in violation of § 944.21,
Wis. Stats., or § 20-1357 of this Code shall be strictly
prohibited.
(18)
Parking. For purposes of determining minimum parking requirements, adult entertainment establishments shall be treated as "other miscellaneous freestanding retail stores" under §
315-48I (see Table 5).
D. Required information and documents.
(1)
Demographics.
(a)
Individuals.
[1] Applicant's legal name, all of the applicant's
aliases, and the applicant's age;
[2] Applicant's business address.
(b)
Corporations.
[1] Applicant corporation's complete name and
official business address;
[2] Legal names, all aliases, the ages, and business
addresses of all of the directors, officers, and managers of the corporation
and of every person owning or controlling more than 25% of the voting
shares of the corporation;
[3] Applicant corporation's date and place of
incorporation and the objective for which it was formed;
[4] Proof that the corporation is a corporation in
good standing and authorized to conduct business in the State of Wisconsin;
[5] Name of the registered corporate agent and the
address of the registered office for service of process.
(c)
Partnerships (general or limited), limited-liability companies,
joint ventures, or any other type of organization where any number
of persons share in the profits and liabilities of the organization.
[1] Applicant organization's complete name and
official business address;
[2] Legal name, all aliases, the ages, and business
addresses of each person (other than limited partners) or any other
person entitled to share in the profits of the organization, whether
or not any such person is also obligated to share in the liabilities
of the organization;
[3] Applicant organization's date and place of
incorporation and the objective for which it was formed;
[4] Proof that the organization is an entity in good
standing and authorized to conduct business in the State of Wisconsin;
[5] Name of the registered agent and the address of
the registered office for service of process.
(d)
Land trusts.
[1] Applicant land trust's complete name;
[2] Legal name, all aliases, and the business address
of the trustee of the land trust;
[3] Legal name, all aliases, the ages, and business
addresses of each beneficiary of the land trust and the specific interest
of each such beneficiary in the land trust;
[4] The interest, if any, that the land trust holds
in the permitted premises;
[5] Applicant land trust's date and place of creation
and the objective for which it was formed;
[6] Proof that the land trust is an entity in good
standing and authorized to conduct business in the State of Wisconsin;
[7] Name of the registered agent and the address of
the registered office for service of process.
(2)
If a corporation, partnership, or other organization is an interest holder that shall be disclosed pursuant to Subsection
D(1)(b) and
(c), then such interest holders shall disclose the information required in said subsections with respect to their interest holders.
(3)
The general character and nature of the applicant's business.
(4)
The length of time that the applicant has been in the business of the character specified in response to Subsection
D(3) above.
(5)
The location (including street address and legal description)
and telephone number of the premises for which the adult establishment
permit is sought.
(6)
The specific name of the business that is to be operated under
the adult establishment permit.
(7)
The identity of each fee simple owner of the anticipated premises.
(8)
A diagram showing the internal and external configuration of
the permitted premises, including all doors, windows, entrances, exits,
the fixed structural internal features of the permitted premises,
plus the interior rooms, walls, partitions, stages, performance areas,
and restrooms. A professionally prepared diagram in the nature of
an engineer's or architect's blueprint shall not be required,
provided, however, that each diagram shall be oriented to the north
or to some designated street or object and shall be drawn to a designated
scale or with marked dimensions to an accuracy of plus or minus six
inches and sufficient to show clearly the various interior dimensions
of all areas of the permitted premises and to demonstrate compliance
with the provisions of this section. The approval or use of the diagram
required pursuant to this subsection shall not be deemed to be, and
may not be interpreted or construed to constitute, any other City
approval otherwise required pursuant to applicable City ordinances
and regulations.
(9)
The specific type(s) of adult establishment(s) that the applicant
proposes to operate on the permitted premises.
(10)
A copy of each adult establishment's permit, liquor license, and gaming license currently held by the applicant, or any of the individuals identified in the application pursuant to Subsection
D(1) or
(2) above.
(11)
The name of the individual(s) who shall be the day-to-day, on-site
manager(s) of the proposed adult establishment.
(12)
The application fee, site plan review fee, and zoning permit
fee in the amount as adopted by resolution or in the annual City budget.
(13)
Any other information the Zoning Administrator may reasonably
require to apply the requirements of this section.
(14)
The Zoning Administrator reserves the right to require a survey
from a surveyor licensed by the State of Wisconsin to determine the
spacing requirements under this section.
(15)
A site plan, landscaping plan, zoning permit application, and
letter of agent status, if necessary, as required by site plan review
application requirements adopted by the Planning and Development Department.
E. Incomplete applications returned. Any application for an adult establishment
that does not include all of the information and documents required
pursuant to this section, as well as the required fees, shall be deemed
to be incomplete and shall not be acted on by the Zoning Administrator
who shall give the applicant a written notification and explanation
of such action pursuant to this section.
F. Applicant cooperation required. An applicant for an adult establishment
permit shall cooperate fully in the inspections and investigations
conducted by the City of Burlington. The applicant's failure
or refusal to:
(1)
Give any information reasonably relevant to the investigation
of the application;
(2)
Allow the permitted premises to be inspected;
(3)
Appear at any reasonable time and place; or
(4)
Otherwise cooperate with the investigation and inspection required
by this section shall constitute an admission by the applicant that
the applicant is ineligible for an adult establishment permit and
shall be grounds for denial of the permit by the Zoning Administrator.
G. Time for issuance or denial. The Zoning Administrator shall, within
30 days after submittal of a completed application, or within such
other period of time as the City and the applicant shall otherwise
agree, either issue or deny an adult establishment permit pursuant
to the provisions of this section.
H. Standards for issuance or denial of permit.
(1)
Issuance. The Zoning Administrator shall issue an adult establishment
permit to an applicant if the Zoning Administrator finds and determines
all of the following:
(a)
All information and documents required by this section for issuance
of an adult establishment permit have been properly provided.
(b)
No person identified in the application may:
[1] Have been denied an adult establishment permit
within 12 months immediately preceding the date of the application;
[2] Be a person whose adult establishment permit has
been revoked within 12 months immediately preceding the date of the
application; or
[3] Be a person whose adult establishment permit is
under suspension at the time of application.
(c)
The adult establishment and the permitted premises comply with
all requirements under this section and the applicant has obtained
a license required for the adult establishment by the City, if any.
(d)
The applicant has signed the permit he or she has received indicating
his or her acceptance of the conditions of the permit.
(2)
Denial. If the Zoning Administrator determines that the applicant
has not met any one or more of the conditions set forth in this section,
then the Zoning Administrator shall deny issuance of the adult establishment
permit and shall give the applicant a written notification and explanation
of such denial.
(3)
License deemed to be issued. If the Zoning Administrator does
not issue or deny the adult establishment permit within 30 days after
the properly completed application is submitted, then the adult establishment
permit applied for shall be deemed to have been issued.
I. Enforcement.
(1)
A violation of the requirements of this section or any conditions
of an adult establishment permit is a violation of this section.
(2)
Notwithstanding any other remedy, a violation of any conditions
of an adult establishment permit shall be grounds for revocation of
the adult establishment permit.
J. Continued conforming status. An adult establishment lawfully operating
as a conforming use is not rendered a nonconforming use by the location,
subsequent to the grant of the adult establishment permit, if a protected
use is located within 600 feet of the adult establishment.
K. Severability. If any section, subsection, sentence, clause or phrase
of this section is for any reason held to be invalid or unconstitutional
by reason of any decision of any court of competent jurisdiction,
such decision shall not affect the validity of any other section,
subsection, sentence, clause or phrase or portion thereof. This section
shall take effect and be in force from and after its passage and publication,
as provided by law.