[HISTORY: Adopted by the Village Board of the Village of
Blanchardville as indicated in article histories. Amendments noted
where applicable.]
[Adopted as Secs. 25.01, 25.02(1), 25.03, 25.04 and 25.09
of the 2003 Municipal Code]
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:
A.
Wisconsin
Statutes. The term "Wisconsin Statutes" or "Wis. Stats.," wherever
used in this Code, shall mean the current Wisconsin Statutes; the
term shall include session laws of the Legislature not yet printed
in statute form.
B.
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.
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.
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.
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.
[Amended 5-6-2013 by Ord.
No. 2013-01; 7-11-2022 by Ord. No. 2022-013]
A.
General penalty. Except as provided in Subsection B 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:
B.
First
offense, penalty. Any person who shall violate any provision of this
Code subject to a penalty shall, upon conviction thereof, forfeit
not less than $20 nor more than $800, 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.
C.
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 $1,600 for each such
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.
D.
Penalty for minors. In the event proceedings are commenced against children aged 16 or older for violations of Chapter 430, Vehicles and Traffic, of this Code, or children 14 years of age or older for other violations of this Code, except Chapter 430, the provisions of §§ 938.17(2), 938.237, 48.37, 938.343 and 938.344, Wis. Stats., shall be applicable.
E.
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.
F.
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 court proceedings and the penalties as described in this
Code shall be governed by the applicable Wisconsin Statutes and the
Constitution of the State in the Circuit Court, or Circuit Courts,
having jurisdiction over offenses of Village ordinances that occur
within the Village. Any reference in this Code that refers to Municipal
Court or to the Municipal Judge is hereby amended to that of Circuit
Court and Circuit Judge of the county where applicable.
[Adopted 5-6-2013 by Ord.
No. 2013-01]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Blanchardville of a general and permanent nature adopted by the Village Board of the Village of Blanchardville, 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 Blanchardville," 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-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 Blanchardville" 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 Blanchardville, 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 Blanchardville 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 Blanchardville 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 October 5, 2010.
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 Blanchardville, 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)
Throughout Chapter 314, Parks, the term “Parks and Recreation Commission” is updated to read “Parks and Recreation Board.”
(4)
Throughout Chapter 500, Shoreland-Wetland Zoning, references to the “planning agency” are updated to read “Plan Commission.”
(5)
Throughout
the Code, references to the “Department of Commerce” are
changed to the “Department of Safety and Professional Services,”
and references to “Comm” chapters in the Administrative
Code are changed to the new corresponding “SPS” chapters.
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 ordinance 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) 5-6-2013 by Ord. No. 2013-01.” 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.
