[HISTORY: Adopted by the Village Board of the Village of Kronenwetter as indicated in article histories. Amendments noted where applicable.]
Article I Construction and Penalties
Article II Adoption of Code
[Adopted 4-12-2004 as Secs. 1-2, 1-8, 1-9 and 1-13 of the 2004 Code]
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:
Generally. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the Village Board may be effectuated. Words and phrases shall be construed according to the common and approved usage of the language, but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings.
And/or. The term "and" may be read as "or," and the term "or" may be read as "and," where the sense requires it.
Code. Whenever the term "Code" is used without further qualification, it means the "Code of the Village of Kronenwetter, Wisconsin," as designated in § 1-5.
Computation of time. 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 Sunday or a 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 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 division 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 legal holiday.
Regardless of whether the time limited in any ordinance for the taking of any proceeding or the doing of any 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 purposes of this definition.
County. The term "county" means Marathon County, Wisconsin.
Delegation of authority. A provision that authorizes or requires a Village officer or Village employee to perform an act or make a decision authorizes such officer or employee to act or make a decision through subordinates.
Gender. A term importing the masculine gender only shall extend and be applied to females and to firms, partnerships, corporations and limited liability companies and partnerships as well as to males, unless the intention to give a more limited meaning is disclosed by the context.
Includes. The term "includes" does not limit a term to a specified example.
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 otherwise declared.
May. The term "may" shall be construed as being permissive and not mandatory.
May not. The term "may not" states a prohibition.
Month. The term "month" means a calendar month.
Number. A word importing the singular number may extend and be applied to the plural as well as to the singular and vice versa.
Oath. The term "oath" includes an 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 oath 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. Whenever any officer or employee is referred to by title, such as "Village Clerk" or "Clerk," such reference shall be construed as if followed by the words "Village of Kronenwetter, Wisconsin."
Owner. The term "owner," as applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or survivorship marital property, of the whole or part of such building or land.
Person. The term "person" extends and is applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals, LLC, LLP.
Personal property. The term "personal property" includes every species of property except real property.
Preceding, following. The terms "preceding" and "following" mean next before and next after, respectively.
Premises. The term "premises," as applied to real property, includes land and structures.
Property. The term "property" includes real, personal and mixed property.
Real property, real estate, land, lands. The terms "real property," "real estate," "land," and "lands" include lands, tenements and hereditaments.
Shall. The term "shall" shall be construed as being mandatory.
Sidewalk. The term "sidewalk" means that portion of a street between the curbline, or the lateral lines of a roadway where there is no curb, and the adjacent property line, intended for the use of pedestrians. If there is no public area between the lateral lines of the roadway and the abutting property line, then the area immediately abutting the street line shall be construed as the sidewalk.
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 term "state" means the State of Wisconsin.
Street. The term "street" means any alley, avenue, boulevard, highway, road, lane, viaduct, bridge and the approach thereto, and any other public thoroughfare in the Village. The term "street" also means the entire width thereof between abutting property lines, and includes a sidewalk or footpath.
Tense. Terms used in the past or present tense include the future as well as the past and present.
Village. The term "Village" means the Village of Kronenwetter, Wisconsin.
Village Board, Board. The terms "Village Board" and "Board" mean the Board of Trustees of the Village of Kronenwetter, Wisconsin.
Week. The term "week" means a period of seven consecutive days.
Wis. Stats., Statute. The abbreviation "Wis. Stats." and the term "Statute" mean the Wisconsin Statutes, as amended.
Writing. The term "writing" includes any form of recorded message capable of comprehension by ordinary visual means.
Year. The term "year" means a calendar year.
In this section, the term "violation of this Code" means any of the following:
Doing an act that is prohibited or made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.
Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.
Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation of a misdemeanor by ordinance or by rule or regulation authorized by ordinance.
In this section, the term "violation of this Code" does not include the failure of a Village officer or Village employee to perform an official duty unless it is specifically provided that the failure to perform the duty is subject to forfeiture as provided in this section.
Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code shall be subject to a forfeiture of not less than $10 nor more than $500 and the costs of prosecution, including court costs and reasonable attorneys' fees. 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. Each day a violation exists or continues shall constitute a separate offense.
The imposition of forfeiture does not prevent suspension or revocation of a license, permit, franchise or other administrative sanctions.
In addition to all other penalties set forth in this section, the Village may institute legal action or proceedings to enjoin a violation of this Code or seek abatement or removal. The imposition of forfeiture does not prevent injunctive relief.
Pursuant to Wis. Stats. § 893.93(2)(b), an action to recover a forfeiture or penalty imposed by ordinance or regulation, when no other limitation is prescribed by law, shall be commenced within two years of the violation. In those situations in which there occurs a continuing violation in existence for more than two years prior to the issuance of the complaint and wherein each day the violation exists continues to constitute a separate offense, no penalty may be imposed for each day of violation occurring more than two years prior to the commencement of the action. A penalty may be imposed, however, for each day of violation occurring within the two-year period.
Authorization. Pursuant to Wis. Stats. § 66.0113, the Village Board hereby elects to use the citation method of enforcement of Village ordinances described herein, or in a separate ordinance, including those for which a statutory counterpart exists.
Form of citation. The citation shall contain the form as set forth in Wis. Stats. § 66.0113(b) and Wis. Stats. § 800.02.
Schedule of deposits. The Village Bond Schedule or for those deposits not set forth in said schedule, the State of Wisconsin Revised Uniform State Traffic Deposit Schedule, as from time to time amended, are hereby adopted herein.
Issuance of citation. The Village Chief of Police and/or his designees may issue citations with respect to those specified ordinances which are directly related to his official responsibilities.
Procedure. Wis. Stats. § 66.0113(3) relating to violator's options and procedures on default is hereby adopted and incorporated by reference.
Nonexclusivity. Adoption of this section does not preclude the Village Board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter. The issuance of a citation hereunder shall not preclude the Village Board or any authorized office from proceedings under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order of the Village.
All fees and charges of the Village are confirmed and such shall apply until revised by the Village.
Municipal Court costs shall be as prescribed in Wis. Stats. § 814.65, and shall be established in the Village of Kronenwetter Bond Schedule on each separate matter except as otherwise provided in Wis. Stats. § 814.65.
[Amended 7-9-2013 by Ord. No. 13-09]
The Village Board shall adopt a Bond Schedule for use in Municipal Court, a copy of which shall be maintained in the Fee Schedule Book by the Village Clerk and shall be available for public inspection. The State of Wisconsin Uniform State Traffic Deposit Schedule is adopted by reference. Once adopted, the Village Bond Schedule shall remain effective until amended by the Board.
Every person concerned in the commission of any act prohibited by this Code, whether any person directly commits the act or prosecutes, counsels, aids or abets in its commission, may be prosecuted and, upon conviction, is punishable as if such person had directly committed such act.
[Adopted 7-9-2013 by Ord. No. 13-09]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Kronenwetter of a general and permanent nature adopted by the Village Board of the Village of Kronenwetter, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 520, together with an Appendix are hereby approved, adopted, ordained and enacted as the "Code of the Village of Kronenwetter," 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 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, and such certified copy shall remain on file in the office of said Village 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 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 Kronenwetter " 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 Kronenwetter, 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 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, or someone authorized and directed by the Clerk, to keep up-to-date the certified copy of the Code required to be filed in the 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 book.
Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk or an authorized agent of the Clerk upon the payment of a fee to be set by the Village Board. The 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 Village of Kronenwetter 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 § 1-2 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 inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Village of Kronenwetter which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
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:
Any ordinance adopted subsequent to March 25, 2013.
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 Village'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 the Zoning Map or otherwise rezoning property.
Any charter ordinances.
Any ordinance or portion of an ordinance establishing or amending a specific fee amount for any license, permit or service obtained from the Village.
Any ordinance or portion of an ordinance establishing or amending a deposit or bond schedule.
Any ordinance or portion of an ordinance establishing or amending rates or charges for water or sewer service.
In compiling and preparing the ordinances for publication as the Code of the Village of Kronenwetter, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections B and 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.
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.)
This ordinance shall take effect upon passage and publication as required by law.