[HISTORY: Adopted by the Town Board of the Town of Buchanan as indicated in article histories. Amendments noted where applicable.]
Article I Construction and Penalties
Article II Adoption of Code
[Adopted 11-4-1997 as §§ 1-1 to 1-5, 1-10, 1-12 to 1-16, 1-20 and 1-21 of the 1997 Code]
This Code may be known and cited as the "Code of the Town of Buchanan, Wisconsin."
The following words, terms, and phrases, when used in this Code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
And/or. The word "and" may be read as "or" and the word "or" may be read "and" where the sense requires it.
Charter ordinances. The term "Charter ordinances" shall mean the Charter Ordinances of the Town of Buchanan, Wisconsin.
Code. Whenever the term "Code" is used without further qualification, it shall mean the "Code of the Town of Buchanan, Wisconsin," as designated in § 1-1.
County. The word "county" shall mean Outagamie County, Wisconsin.
Delegation of authority. Whenever a provision appears requiring the head of a department or some other Town officer or employee to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer or employee to designate, delegate, and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations, as well as to males, unless the intention to give a more limited meaning is disclosed by context.
Joint authority. Words purporting to give authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared.
May. The word "may" shall be construed as being permissive and discretionary.
Month. The term "month" shall mean a calendar month.
Number. A word importing the singular may extend and be applied to the plural as well as to the singular number and vice versa.
Oath. The word "oath" includes affirmation in all cases where by law an affirmation may be substituted for an oath. If any oath or affirmation is required to be taken, such oath or affirmation shall be taken before and administered by some officer authorized by the laws of this state to administer oaths, at the place where the same is required to be taken or administered, unless otherwise expressly directed, and, when necessary, duly certified by such officer. If an oath is administered, it shall end with the words "so help me God." In actions and proceedings in the courts, a person may take an oath or affirmation in communication with the administering officer by telephone or audiovisual means.
Officers and employees generally. Whenever any officer or employee is referred to by title, such reference shall be construed as if followed by the words "of the Town of Buchanan," unless the context indicates a county or state officer or employee.
Owner. The word "owner," applied to a building or land shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole, or of a part of such building or land.
Person. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships, and bodies politic and corporate, as well as to individuals.
Personal property. The words "personal property" include every species of property except real property.
Preceding; following. The words "preceding" and "following" mean next before and next after, respectively.
Property. The word "property" shall include real and personal property.
Real property. The words "real property" shall include lands, tenements, and hereditaments.
Shall. The word "shall" shall be construed as being mandatory.
Signature. If the signature of any person is required by law, it shall always be the handwriting of such person or, if the person is unable to write, the person's mark or the person's name written by some other person at the person's request and in the person's presence.
State. The word "state" shall mean the State of Wisconsin.
Tense. Words used in the past or present tense include the future as well as the past and present.
Town. The word "Town" means the Town of Buchanan, Wisconsin.
Town Board. The words "Town Board" mean the Town of Buchanan, Wisconsin, being the governing body of the Town.
Wis. Stats., statute, state statute. The terms "Wis. Stats.," "statute," or "state statute" mean Wisconsin Statutes Annotated, as amended. Any statute adopted by reference includes amendments to such statute.
Year. The word "year" shall mean a calendar year.
The time within which an act is to be done or proceeding had or taken shall be computed by excluding the first day and including the last and, when any such time is expressed in hours, the whole of Sunday and of any legal holiday, from 12:00 midnight to 12:00 midnight, shall be excluded.
If the last day within which an act is to be done or proceeding had or taken falls on a Sunday or legal holiday, the act may be done or the proceeding had or taken on the next secular day.
When the last day within which a proceeding is to be had or taken or an act done, which consists of any payment to or the service upon or the filing with any officer, agent, agency, department, or division of the state or of the county, or a city, village, town, school district, or other subdivision of the state, of any money, return, statement, report, notice, or other document, falls on a Saturday and the duly established official office hours of such officer, agent, agency, department, or division to which such payment is to be made or upon which such service is to be made or with which such return, statement, report, notice, or other document is required to be filed, do not include any office hours thereof on such Saturday, such proceeding may be had or taken or such act may be done on the next succeeding day that is not a Sunday or a legal holiday.
Regardless of whether the time limited in any ordinance for the taking of any proceeding or the doing of an act is measured from an event or from the date or day on which such event occurs, the day on which such event took place shall be excluded in the computation of such time.
The expression "legal holiday" as used in this section means any statewide legal holiday provided in Wis. Stats., § 995.20. When an act is permitted to be done by the use of the postal service, and the last day within the time prescribed by law for performing such act falls on a legal public holiday under federal law, or other holiday designated by the President, such that the postal service does not receive registered mail or make regular deliveries on that day, the day shall be considered a legal holiday for the purposes of this section.
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
Generally. All references to chapters or sections are to the chapters and sections of this Code unless otherwise specified.
Inclusion of penalty. References to any section of this Code shall be understood to refer to and include the penalty section relating thereto, unless otherwise expressly provided.
The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed took effect.
The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect or any suit, prosecution, or proceeding pending at the time of the repeal for an offense committed or cause of action arising under the ordinance repealed.
Unless another penalty is expressly provided by this Code for any particular provision, section, or chapter, any person violating any provision of this Code, or any rule or regulation adopted or issued in pursuance thereof, or any provision of any code adopted in this Code by reference shall, upon conviction, be subject to a forfeiture of not less than $50 and not more than $1,000 and the costs of prosecution. In default of immediate payment of such forfeiture and costs, such person may be committed to the county jail until such forfeiture and costs are paid. Every commitment shall limit the duration of such imprisonment to a definite term not exceeding 90 days.
Any person charged with violation of any provision, section, or chapter of the Code for which no other deposit amount is expressly provided may pay a deposit of $200, plus costs, at the Circuit Court in lieu of court appearance except when required by the Court to appear. Persons wishing to contest such charges may contact the Circuit Court to arrange a court appearance date.
Any person charged with a continuing violation of any provision, section, or chapter of the Code, for which each day constitutes a separate offense, and for which no other deposit amount is expressly provided, may pay $150 per day, plus costs, from the date of first violation to and including the date the deposit is made, in lieu of court appearance, at the Circuit Court. Persons wishing to contest such charges may contact the Circuit Court to arrange a court appearance date except when required by the Court to appear.
Unless otherwise provided, each act of violation and every day upon which a violation occurs or continues constitutes a separate offense.
The failure of any officer or employee of the Town to perform any official duty imposed by this Code shall not subject such officer or employee to the penalty imposed for violation of this Code, unless a penalty is specifically provided for such act or omission.
Every person concerned in the commission of any act prohibited by this Code, whether he/she directly commits the act or prosecutes, counsels, aids, or abets in its commission, may be prosecuted and, upon conviction, is punishable as if he/she had directly committed such act.
[Adopted 8-17-2010 by Ord. No. 2010-03]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Town of Buchanan of a general and permanent nature adopted by the Town Board of the Town of Buchanan, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 525, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Buchanan," 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 Town Administrator/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 Administrator/Clerk, and such certified copy shall remain on file in the office of said Town Administrator/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 Buchanan" 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 Administrator/Clerk of the Town of Buchanan, 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 Administrator/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 Administrator/Clerk, or someone authorized and directed by the Administrator/Clerk, to keep up-to-date the certified copy of the Code required to be filed in the Administrator/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 Administrator/Clerk or an authorized agent of the Administrator/Clerk upon the payment of a fee to be set by the Town Board. The Administrator/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 Buchanan 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 § 1-7 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 § 1-25 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to March 16, 2010.
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.
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.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
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.
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.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
The levy or imposition of taxes, assessments or charges.
The annexation or dedication of property or approval of preliminary or final subdivision plats.
Ordinances providing for local improvements or assessing taxes or special assessments therefor.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
Any ordinances adopting or amending a zoning map or otherwise rezoning property.
Any charter ordinances.
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Town.
In compiling and preparing the ordinances for publication as the Code of the Town of Buchanan, 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 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.
The following new ordinances are adopted as set forth in the copy of the Code on file in the Town Administrator/Clerk's office: Chapter 10, Assessments and Special Charges; Chapter 18, Citations; Chapter 26, Emergency Management; Chapter 70, Map, Official; Chapter 102, Article IV, Treasurer; Chapter 383, Mobile Home Communities, Mobile Homes and Manufactured Homes; Chapter 450, Solid Waste; and Chapter 504, Article III, Stormwater Management.
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.)
Editor's Note: Schedule A, which contains a complete description of all changes, is on file in the office of the Town Administrator/Clerk.
This ordinance shall take effect upon passage and publication as required by law.