[Adopted as Secs. 1.01, 1.03, 1.04 and 1.06 of the 2001 Village
Code]
In the construction of this Code, the following rules shall
be observed, unless such construction would be inconsistent with the
manifest intent of the ordinance.
A.
Wisconsin
Statutes. The term "Wisconsin Statutes," wherever used in this Code,
shall mean the Wisconsin Statutes as defined in Wis. Stats. § 991.12.
B.
Gender:
singular and plural. Every word in the Village 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.
E.
Time;
how computed. The time within which an act is to be done as provided
in any ordinance, or in any order issued pursuant to any ordinance,
when expressed in days, shall be computed by excluding the first day
and including the last, except that if the last day be Sunday, it
shall be excluded, and when any such time is expressed in hours, the
whole of Sunday from midnight to midnight shall be excluded.
F.
Week.
The work "week" shall be construed to mean seven days; but publication
in the newspaper of any notice of other matter indicated to be for
a stated number of weeks shall be construed to mean one insertion
in each week, unless specially stated to be for each day of the week,
or for more than one day in each week.
G.
Month;
year. The word "month" shall be construed to mean a calendar month
unless otherwise expressed; and the word "year" a calendar year unless
otherwise expressed.
H.
Reasonable
time. In all cases where any ordinance shall require any act to be
done in a reasonable time, or reasonable notice to be given to any
person, such reasonable time or notice shall be deemed to mean such
time only as may be necessary for the prompt performance or execution
of such duty, or compliance with such notice.
Whenever in the Village Code any standard, code, rule, regulation
or other written or printed matter, other than the Wisconsin Statutes
or other sections of the Village Code, are adopted by reference, they
shall be deemed incorporated in the Village Code as if fully set forth
herein; and the Village Clerk/Treasurer is hereby directed and required
to file, deposit and keep in his/her 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 Village Clerk/Treasurer's
office hours, subject to such orders or regulations the Village Clerk/Treasurer
may prescribe for their preservation.
A.
General
penalty.
[Amended by Ord. No. A-63; 1-13-2016 by Ord. No.
A-232]
(1)
First offense penalty. Any person who shall violate any provision
of the Village Code subject to a penalty shall, upon conviction thereof,
forfeit not less than $10 nor more than $1,000, together with applicable
fees, assessments and court costs, and in default of payment of such
forfeiture penalty, fees and costs, may be imprisoned in the county
jail or subject to an order for community service as directed by order
of the sentencing judge until such forfeiture, assessments, costs
and fees are paid, but not exceeding 90 days.
(2)
Second offense penalty. Any person found guilty of violating any
ordinance or part of ordinance of the Village Code who shall previously
have been convicted of a violation of the same ordinance within a
twelve-month period, upon conviction thereof, shall forfeit not less
than $25 nor more than $2,000 for each such offense, together with
the applicable court costs, penalty assessments and fees, and in default
of payment of such forfeiture, costs and fees, may be imprisoned in
the county jail until such forfeiture, costs and penalties are paid,
but not to exceed six months, as shall be ordered by the sentencing
judge.
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.
C.
Dispositional
alternatives and sanctions for juveniles. The Village of Blue Mounds
Municipal Court is authorized to utilize the procedures, dispositional
alternatives and sanctions for juveniles set forth in the Juvenile
Justice Code found in Chapter 938 of the Wisconsin Statutes, which
is hereby adopted by reference as if set forth fully herein.
[Amended by Ord. No. A-136]
(1)
The following sections regarding jurisdiction, procedures, dispositional
alternatives and sanctions are hereby specifically noted and adopted
by reference:
|
Jurisdiction and Proceedings:
| ||
|
Wis. Stats. § 938.17
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|
Wis. Stats. § 938.237
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|
Dispositional Alternatives:
| ||
|
Wis. Stats. § 938.342, Truancy/School Dropout Ordinance
Violations
| ||
|
Wis. Stats. § 938.343, Civil Law or Ordinance Violations
| ||
|
Wis. Stats. § 938.344, Liquor, Beer and Drug Violations
| ||
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Sanctions:
| ||
|
Wis. Stats. § 938.355(6)
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(2)
This section in enacted under the authority of Wis. Stats. § 938.17(2)(cm).
The repeal or amendment of any section or provision of the Village
Code or of any other ordinance or resolution of the Village Board
shall not:
A.
By
implication be deemed to revive any ordinance not in force or existing
at the time at which such repeal or amendment takes effect.
B.
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.
C.
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.
D.
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.
