[HISTORY: Adopted by the Village Board of the Village of
Soldiers Grove as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-7-2001 by Ord. No. 2001-01]
Pursuant to § 66.0103, Wis. Stats., the various chapters and sections of the 1960 Code of Ordinances of the Village of Soldiers Grove, and subsequent ordinances of the Village of Soldiers Grove of a general and permanent nature adopted by the Village Board of the Village of Soldiers Grove, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 225, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Soldiers Grove," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede the 1960 Code of
Ordinances of the Village of Soldiers Grove and 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 Soldiers Grove" 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 Village Clerk-Treasurer, 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 Village 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 Village 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 Soldiers Grove 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 § 1-12 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 8, 2000.
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.
A.
In compiling and preparing the ordinances for publication as the Code of the Village of Soldiers Grove, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections B and C 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.
Nomenclature.
(1)
Throughout the Code, all references to "Clerk" or "Treasurer" are
updated to read "Clerk-Treasurer."
(2)
Throughout Chapter 15, Emergency Management, references to "civil defense" are updated to read "emergency management"; references to "Civil Defense Director" or "Director of Civil Defense" are updated to read "Coordinator of Emergency Management"; and references to "Director" are updated to read "Coordinator."
(3)
Throughout Chapter 95, Direct Sellers, all references to "(city, village, town)" are revised to read "village"; references to "(chief of police) (other)" are revised to read "Chief of Police"; and references to "common council (other)" are revised to read "Village Board."
(4)
Throughout Chapter 115, Hazardous Materials, all references to "emergency government" are revised to read "emergency management."
C.
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 § 1-1C, the chapters and sections which were amended, added or deleted by this ordinance are indicated through the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 6-7-2001 by Ord. No. 2001-01." 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.
[Adopted 5-7-1960 as Secs. 15.01, 15.02(1), 15.03 and 15.04 of the 1960 Code]
In the construction of this Code of General Ordinances, the
following rules shall be observed, unless such construction would
be inconsistent with the manifest intent of the ordinance:
B.
Gender; singular and plural. Every word in this Code and in any ordinance
importing the masculine gender may extend and be applied to females
as well as males, and every word importing the singular number only
may extend and be applied to several persons or things as well as
to one person or thing; provided that these rules of construction
shall not be applied to any provisions which shall contain any express
language excluding such construction or when the subject matter or
context of such provisions may be repugnant thereto.
C.
Person. The word "person" extends and applies to natural persons,
firms, corporations, associations, partnerships or other bodies politic
and all entities of any kind capable of being sued unless plainly
inapplicable.
D.
Acts by agents. When a provision requires an act to be done which
may by law as well be done by an agent as by the principal, such requisition
shall be construed to include all such acts when done by an authorized
agent.
If the provisions of the different chapters of this Code conflict
with or contravene each other, the provisions of each chapter shall
prevail as to all matters and questions arising out of the subject
matter of such chapter.
Whenever in this Code any standard, code, rule, regulation or
other written or printed matter, other than the Wisconsin statutes
or other sections of this Code, are adopted by reference, they shall
be deemed incorporated in this Code as if fully set forth herein and
the Village Clerk-Treasurer is hereby directed and required to file,
deposit and keep in his office a copy of the code, standard, rule,
regulation or other written or printed matter as adopted. Materials
so filed, deposited and kept shall be public records open for examination
with proper care by any person during the Clerk-Treasurer's office
hours, subject to such orders or regulations which the Clerk-Treasurer
may prescribe for their preservation.
A.
General penalty. Whenever so provided 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:
(1)
First offense, penalty. Any person who shall violate any provision
of this Code subject to a penalty shall, upon conviction thereof,
forfeit not less than $100, 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 said forfeiture and costs
are paid, but not exceeding 90 days.[1]
[1]
Editor's Note:[Amended 6-7-2001 by Ord. No. 2001-01].
(2)
Second offense, penalty. 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 shall, upon
conviction thereof, forfeit not less than $200 for each such offense,
together with the costs of prosecution, and in default of payment
of such forfeiture and costs shall be imprisoned in the county jail
until said forfeiture and costs of prosecution are paid, but not to
exceed six months.[2]
[2]
Editor's Note:[Amended 6-7-2001 by Ord. No. 2001-01].
B.
Execution against defendant's property. Whenever any person fails
to pay any forfeiture and costs of prosecution upon the order of the
court for violation of any ordinance of the Village, the court may,
in lieu of ordering imprisonment of the defendant, or after the defendant
has been released from custody, issue an execution against the property
of the defendant for said forfeiture and costs.
