[HISTORY: Adopted by the Village Board of the Village of
Dane as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-1-1996 as Secs. 1-1-2, 1-1-3, 1-1-5, 1-1-6 and 1-1-7 of the 1996
Code]
The following rules or meanings shall be applied in the construction
and interpretation of ordinances codified in this Code, 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 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 the Village of Dane, unless the context of the section
clearly indicates otherwise.
C.
Computation
of time. In computing any period of time prescribed or allowed by
this Code, 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.
Use has been made of masculine pronouns in this Code solely for the
sake of brevity. Unless specifically stated to the contrary, words
in this Code 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.
Officers.
The term "officers" shall refer solely to local offices created by
state statute.
I.
Officials.
The term "officials" shall mean all Village officers and employees.
J.
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.
K.
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.
L.
Singular
and plural. Every word in this Code referring to the singular number
only shall also be construed to apply to several persons or things,
and every word in this Code referring to a plural number shall also
be construed to apply to one person or thing.
M.
Tense.
The use of any verb in the present tense shall not preclude the interpretation
of the verb in the future tense where appropriate.
N.
Village.
The term "Village" shall mean the Village of Dane, Dane County, Wisconsin.
O.
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.
P.
Wisconsin
Statutes. The term "Wisconsin Statutes" and its abbreviation as "Wis.
Stats." shall mean, in this Code, the Wisconsin Statutes as of the
adoption of this Code, as amended or renumbered from time to time.
[Amended 9-10-2012 by Ord. No. 2012-04]
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 the Village of Dane, 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, except when otherwise specifically provided,
shall take effect from and after their publication.
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 9-10-2012 by Ord. No. 2012-04]
(1)
First offense. Any person who shall violate any provision of this
Code shall, upon conviction thereof, forfeit not less than $75 nor
more than $1,000, together with the costs of prosecution, penalty
assessments, and jail assessments, 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 $150 nor more than
$1,000 for each such offense, together with costs of prosecution,
penalty assessments, and jail assessments, and, in default of payment
of such forfeiture and costs, shall be imprisoned in the county jail
until such forfeiture and costs of prosecution, penalty assessments,
and jail assessments 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 their 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.
[Added 9-10-2012 by Ord.
No. 2012-04]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Dane of a general and permanent nature adopted by the Village Board of the Village of Dane, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 520, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Dane," 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,
including the 1996 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 Dane" 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 Dane, 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 Dane 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 § 1-4 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 Dane 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 § 1-17 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 March 5, 2012.
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 or amending a specific fee
amount for any license, permit or service obtained from the Village.
Q.
Any ordinance
or portion of an ordinance establishing or amending a deposit or bond
schedule.
R.
Any ordinance
or portion of an ordinance establishing or amending rates or charges
for water or sewer service.
A.
In compiling and preparing the ordinances for publication as the Code of the Village of Dane, 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.
B.
The following
changes are made throughout the Code:
(1)
References
to specific chapters and sections of the Wisconsin Statutes and Wisconsin
Administrative Code are amended to reflect the numbering of the statutes
and Administrative Code as of the publication of this Code.
(2)
References
to the "Department of Industry, Labor and Human Relations" and "Department
of Commerce" are amended to read "Department of Safety and Professional
Services."
(3)
References
to "Board of Appeals" and "Board of Zoning Appeals" are amended to
read "Zoning Board of Appeals."
(4)
References
to the "Village Clerk" are amended to read "Village Clerk-Treasurer."
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 § 1-19C, the chapters, parts and sections which were added, amended, adopted or deleted by this local law 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) 9-10-2012 by Ord. No. 2012-04.” 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.
