[HISTORY: Adopted by the Village Board of the Village of Mazomanie
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-28-1988 as §§ 1-1-2,
1-1-3, 1-1-6 and 1-1-7 of the 1988 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," "Code
of Ordinances" and "Municipal Code" when used in any section of this Code
shall refer to this Code of Ordinances of the Village of Mazomanie 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 Village officers or employees shall be construed
as giving such authority to a majority of such officers or other persons.
H.
Law enforcement. The Village of Mazomanie now contracts with
the Dane County Sheriff's Department for law enforcement services within the
Village. Accordingly, as used in this Code the term "Police Commission" shall
now be construed to mean the Public Protection and Ordinance Committee; the
term "Chief of Police" shall be construed to mean the ranking contract deputy;
the term "Police Department" shall be construed to mean the Dane County Sheriff's
Department; and the term "police officer" shall be construed to mean the contract
deputy.
[Added 5-13-2003 by Ord. No. 2003-2;
amended 12-8-2006 by Ord. No. 2006-2]
I.
Officers. The term "officers" shall refer solely to local
offices created by state statute.
J.
Officials. The term "officials" shall mean all Village
officers and employees.
K.
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.
L.
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.
M.
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 referred to a plural number
shall also be construed to apply to one person or thing.
N.
Tense. The use of any verb in the present tense shall
not preclude the interpretation of the verb in the future tense where appropriate.
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.
[Amended 12-8-2006 by Ord. No. 2006-2]
P.
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.
Q.
Village. The term "Village" shall mean the Village of
Mazomanie, Dane County, Wisconsin.
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.
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:
[Amended 12-8-2006 by Ord. No. 2006-2]
(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 $1,000, 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 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.
(3)
Penalty amounts. Penalties shall be an amount set at the discretion
of the Municipal Judge, not to exceed Dane County forfeiture amounts within
the above guidelines.
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.
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.[1]
[Adopted 12-8-2006 by Ord. No. 2006-2]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Mazomanie of a general and permanent nature adopted by the Village Board of the Village of Mazomanie, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 415, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Mazomanie," 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 Mazomanie" 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 Mazomanie, 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 Mazomanie
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. 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 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 § 1-16 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 January 1, 1990.
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 ordinances adopting or amending the Zoning Map.
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 Village.
The adoption of the Code provided in § 1-5 includes revisions to existing ordinances deemed necessary and authorized by the Village Board to bring the ordinances of the Village into compliance with current procedures and statutory requirements, as set forth in the Code on file in the office of the Clerk-Treasurer pursuant to § 1-8.
This ordinance shall take effect upon passage and publication as required
by law.
