[HISTORY: Adopted by the Village Board of the Village of Mount Horeb. Amendments noted where applicable.]
In the construction of this Municipal Code, the following rules shall be observed unless such construction would be inconsistent with the clear intent of the ordinance:
(1) 
Wisconsin Statutes. References to the "Wisconsin Statutes" or "Wis. Stats." or "Stats." mean the current Wisconsin Statutes at the time the provision with the reference was adopted and all amendments thereto.
[Amended 3-6-2002 by Ord. No. 2002-07]
(2) 
Gender, singular and plural. Every word in this Code and in any ordinance imparting the masculine gender may extend and be applied to females as well as males, and every word imparting the singular number only may extend and be applied to several persons or things as well as to one person or thing, provided these rules of construction shall not be applied to any provision which contains any express language excluding such construction, or when the subject matter or context of such provision may be objectionable.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(3) 
Person. The word "person" extends and applies to persons, firms, corporations, associations or partnerships and to all entities capable of being sued, unless plainly inapplicable.
(4) 
Acts of agents. When a provision requires an act to be done which may by law also be done by an agent for the principal, the requirement shall be construed to include all acts when done by an authorized agent.
(5) 
Joint authority. All words purporting to give joint authority to three or more public officers or other persons shall be construed as giving authority to a majority of officers or persons unless otherwise expressly declared in the ordinance giving the authority.
(6) 
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 is Sunday, it shall be excluded; and when any time is expressed in hours, the whole of Sunday, from midnight to midnight, shall be excluded.
(7) 
Reasonable time or notice. 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, the reasonable time or notice shall be deemed to mean the time necessary for the prompt performance or execution of the duty or compliance with the notice.
(8) 
Administrative Code. References to the "Wisconsin Administrative Code" or "Wis. Adm. Code" or "WAC" mean the current Wisconsin Administrative Code at the time the provision containing the reference was adopted, including amendments thereto.
[Added 3-6-2002 by Ord. No. 2002-07]
(9) 
Renumbered provisions. If a provision of the Wisconsin Statutes, Wisconsin Administrative Code or other state or federal law is renumbered, any reference to that provision shall be construed to be to the provision as renumbered.
[Added 3-6-2002 by Ord. No. 2002-07]
(1) 
Conflict of provisions. If the provisions of the different chapters of this Code conflict with each other, the provisions of each chapter shall prevail as to all matters and questions arising out of the subject matter of the chapter.
(2) 
Severability of code provisions. If any section, subsection, sentence, clause or phrase of the 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 Board hereby declares that it 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 may be declared invalid or unconstitutional.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
Whenever in this Code any standard, code, rule, regulation 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 Clerk shall keep a copy of the code, standard, rule, regulation or other written or printed matter as adopted. Materials so filed shall be public records open for examination during the Clerk's office hours, subject to any orders or regulations which the Clerk may prescribe for their preservation.
[Amended 4-7-2010 by Ord. No. 2010-03; at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(1) 
General Penalty. Except where a penalty is provided elsewhere in this Code, any person who violates any of the provisions of this Code shall, upon conviction of such violation, be subject to a penalty as follows:
(a) 
First offense - Penalty. Any person who violates any provision of this code will, upon conviction, forfeit not less than $10 or more than $1,000, together with the cost of prosecution and all applicable surcharges and assessments, and, in default of payment of such forfeiture and costs of prosecution may be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 90 days.
(b) 
Second offense – Penalty. Any person found guilty of violating any ordinance or part of an ordinance of this Code who previously was convicted of a violation of the same ordinance within one year will, upon conviction, forfeit not less than $50 nor more than $1,000 for each such offense, together with costs of prosecution and all applicable surcharges and assessments, and in default of payment of the forfeiture and costs will be imprisoned in the County Jail until the forfeiture and costs of prosecution are paid, but not exceeding six months.
In addition to the general penalty in this section or any other penalty imposed for violation of any section in this Code, any person who causes physical damage or destroys any public property will be liable for the cost of replacing or repairing such damaged or destroyed property.
(2) 
Continued violations. Each violation and each day a violation continues or occurs will constitute a separate offense. Nothing in this Code will preclude the Village from taking and maintaining any appropriate action to prevent or remove a violation of any provision of this Code.
(3) 
Juvenile dispositions and sanctions. For a juvenile adjudged to have violated an ordinance, the municipal court is authorized to impose any of the dispositions listed in §§ 938.343 and 938.344, Wis. Stats., in accordance with the provisions of those statutes. For a juvenile adjudged to have violated an ordinance who violates a condition of a dispositional order of the court under §§ 938.343 or 938.344, Wis. Stats., the municipal court is authorized to impose any of the sanctions listed in § 938.355(6)(d), Wis. Stats., in accordance with the provisions of those statutes.
(4) 
Other remedies. The Village will have any and all other remedies afforded by the Wisconsin Statutes in addition to the forfeitures and costs of prosecution above including, but not limited to, restitution and community service.
(5) 
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 addition to ordering imprisonment of the defendant, issue an execution against the property of the defendant for said forfeiture costs.
All ordinances heretofore adopted by the Village Board are repealed, except all ordinances or parts of ordinances relating to the following subjects and not conflicting with any of the provisions of this Code:
(1) 
The issuance of corporate bonds and notes of the Village of whatever name or description.
(2) 
The establishment of grades, curblines and widths of sidewalks in the public streets and alleys.
(3) 
The fixing of salaries of public officials and employees.
(4) 
Rights, licenses or franchises or the creation of any contract with the Village.
(5) 
The lighting of streets and alleys.
(6) 
The annexation of territory to the Village.
(7) 
The naming and changing of names of streets, alleys, public grounds and parks.
(8) 
The letting of contracts without bids.
(9) 
The establishment of wards, ward boundaries and election precincts.
(10) 
Tax and special assessment levies.
(11) 
Releases of persons, firms or corporations from liability.
(12) 
Construction of public works.
(13) 
Water, sewer and electric rates, rules and regulations and sewer and water main construction.
(14) 
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 Board shall not:
(1) 
By implication be deemed to revive any ordinance not in force or existing at the time such repeal or amendment takes effect.
(2) 
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.
(3) 
Affect any offense committed, or penalty or forfeiture incurred, previous to the time when any ordinance is repealed or amended; except when any forfeiture or penalty has 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.
(4) 
Affect any prosecution for any offense, or the levy of any penalty or forfeiture pending at the time when any ordinance is repealed or amended; but the right of action shall continue and the offender shall be subject to the penalty as in all respects, as if such ordinance had not been repealed; except all such proceedings after the time this Code takes effect shall be conducted according to the provisions of this Code.
Any costs incurred by the Village for publication of any public notice shall be paid for by the party initiating the request, application, proposal or other activity which has caused or resulted in the publication of the public notice. No license, permit, privilege or other benefit shall be granted the party initiating the request, application, proposal or other activity until such publication costs have been paid to the Village. These publication costs shall be in addition to any other costs or fees required to be paid by the party under the terms of this Code or under the terms of any statute governing the operation of the Village.
These ordinances shall be known as the "Municipal Code of the Village of Mount Horeb" and shall take effect from and after passage and publication as provided in § 66.0103, Wis. Stats. All references to the Code shall be cited by section number (example: § 13.06, Municipal Code of the Village of Mount Horeb).
[Amended 3-6-2002 by Ord. No. 2002-07]
As each ordinance affecting the Municipal Code becomes effective, the Village Clerk shall incorporate it into the Municipal Code. The Clerk shall make no substantive changes to such ordinances, but may renumber, rearrange and edit them without submitting them to the Village Board; and such rearranging, renumbering and editing shall not affect the validity of such ordinances or the provisions of this Municipal Code. When statutory or administrative code provisions referred to in this Code are renumbered, the Clerk may change the references to correspond to the new numbers.