Village of Dresser, WI
Polk County
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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 ordinances:
Wisconsin statutes. The term "Wisconsin Statutes" or "Wis. Stats.," wherever used in this Code, shall mean the Wisconsin Statutes for the year 1987-1988; the term shall include session laws of the 1989-90 Legislature not yet printed in statute form.
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.
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.
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.
Conflict of code provisions. 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.
Separability of code provisions. If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase, or portion thereof. The Village Board of the Village of Dresser hereby declares that they would have passed this Code and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof may be declared invalid or unconstitutional.
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 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.
General penalty. Except as provided in sub. (2) below, 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:
First offense, penalty. Any person who shall violate any provision of this Code subject to a penalty, except for parking violations, shall, upon conviction thereof, forfeit not less than $25 nor more than $1,000, 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.
[Amended by Ord. No. 171; Ord. No. 205]
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 $50 nor more than $1,000 for the second and each subsequent 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.
[Amended by Ord. No. 171; Ord. No. 205]
Penalty for minors. In the event proceedings are commenced against children aged 16 or older for violations of ch. 7 of this Code, or children 14 years of age or older for other violations of this Code, except ch. 7, the provisions of §§ 48.17(2), 48.237, 48.37, 48.343 and 48.344, Wis. Stats., shall be applicable.
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.
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.
All ordinances heretofore adopted by the Village Board of the Village of Dresser are hereby repealed, except all ordinances or parts of ordinances relating to the following subjects and not conflicting with any of the provisions of this Code:
The issuance of corporate bonds and notes of the Village of whatever name or description.
The establishment of grades, curb lines and widths of sidewalks in the public streets and alleys.
The fixing of salaries of public officials and employees.
Rights, licenses or franchises or the creation of any contract with the Village.
The lighting of streets and alleys.
The annexation of territory to the Village.
The naming and changing of names of streets, alleys, public grounds and parks.
The letting of contracts without bids.
The establishment of wards, ward boundaries and election precincts.
Tax and special assessment levies.
Release of persons from liability.
Construction of any public works.
Sewer and water rules and regulations, and sewer and water main construction.
Budget ordinances, resolutions and actions.
The repeal or amendment of any section or provision of this Code or of any other ordinance or resolution of the Village Board shall not:
By implication be deemed to revive any ordinance not in force or existing at the time at which such repeal or amendment takes effect.
Affect any vested right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed or amended, unless the privilege of repealing such obligation or privilege has been reserved by the Village.
Affect any offense committed or penalty or forfeiture incurred previous to the time when any ordinance shall be repealed or amended, except that when any forfeiture or penalty shall have been mitigated by the provisions of any ordinance, such provisions shall apply to and control any judgment to be pronounced after such ordinance takes effect for any offense committed before that time.
Affect any prosecution for any offense or the levy of any penalty or forfeiture pending at the time when any ordinance aforesaid shall be repealed or amended, but the right of action shall continue and the offender shall be subject to the penalty as provided in such ordinances, and such prosecution shall proceed, in all respects, as if such ordinance or ordinances had not been repealed, except that all such proceedings had after the time this Code shall take effect shall be conducted according to the provisions of this Code and shall be, in all respects, subject to the provisions of this Code.
These ordinances shall be known as the "Municipal Code of Dresser, Wisconsin" and shall take effect from and after passage and publication as provided in § 66.0103, Wis. Stats. All references thereto shall be cited by section number (example: sec. 8.04(1), Municipal Code of Dresser, Wisconsin).
As each ordinance or resolution affecting this Code becomes effective, the Clerk-Treasurer shall forward such ordinance or resolution to the Revisor, who shall incorporate the same into the Code. The Revisor shall make no substantive changes to such ordinances and resolutions, but may renumber, rearrange and edit them without first submitting them to the Village Board; and such rearranging, renumbering and editing shall not affect the validity of such ordinances and resolutions or the provisions of this Code affected thereby.