Village of Blue Mounds, WI
Dane County
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Table of Contents
Table of Contents
[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.
Wisconsin Statutes. The term "Wisconsin Statutes," wherever used in this Code, shall mean the Wisconsin Statutes as defined in Wis. Stats. § 991.12.
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.
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.
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.
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.
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.
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.
General penalty.
[Amended by Ord. No. A-63; 1-13-2016 by Ord. No. A-232]
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.
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.
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.
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]
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
Wis. Stats. § 938.237
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
Wis. Stats. § 938.355(6)
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:
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.