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]
[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.