[HISTORY: Adopted by the Village Board of
the Village of Cambria as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-7-1988 as Title 1, Ch. 1 of the 1988 Code]
These collected ordinances shall be known and
referred to as the "Code of Ordinances, Village of Cambria, Wisconsin."
References to the Code of Ordinances, Village of Cambria, Wisconsin,
shall be cited as "the Code" or the "Code of the Village of Cambria,
Wisconsin."
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
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 Cambria,
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 section, "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.
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 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 referred
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.
Village. The term "Village" shall mean the Village
of Cambria, Columbia County, Wisconsin.
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.
N.
Wisconsin Statutes. The term "Wisconsin Statutes"
and its abbreviation as "Wis. Stats." shall mean, in the ordinances,
the Wisconsin Statutes as of the adoption of this Code, as amended
or renumbered from time to time.
[Amended 5-3-2010 by Ord. No. 10-02]
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, Village of Cambria,
Wisconsin shall take effect as provided by state law.
B.
Subsequent ordinances. All ordinances passed by the
Village Board subsequent to the adoption of the Code of Ordinances,
except when otherwise specifically provided, shall take effect from
and after their publication.
A.
General penalty. Except where a penalty is provided
elsewhere in the Code, any person who shall violate any of the provisions
of the 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 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 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.
[Adopted 5-3-2010 by Ord. No. 10-02]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Cambria of a general and permanent nature adopted by the Village Board of the Village of Cambria, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 485, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Cambria," 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 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 Cambria" 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/Treasurer of the Village of Cambria, 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/Treasurer 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 Village Clerk/Treasurer, or someone
authorized and directed by the Clerk/Treasurer, to keep up-to-date
the certified copy of 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 included as supplements to said Code book.
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 Cambria 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 § 1-5 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 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 December 7, 2009.
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 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 Village.
A.
In compiling and preparing the ordinances for publication as the Code of the Village of Cambria, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection C 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 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.
C.
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 § 1-20C, the chapters, parts and sections which were added, amended, adopted or deleted 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, deleted) 5-3-2010 by Ord. No. 10-02." 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.
