[HISTORY: Adopted by the Village Board of Trustees of the
Village of Spencer as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-4-1993 (Secs.
1-1-2, 1-1-3, 1-1-6 and 1-1-7 of the 1993 Code of Ordinances), as
amended through 2-17-2015]
The following rules or meanings shall be applied in the construction
and interpretation of ordinances codified in this Code of Ordinances
unless such application would be clearly inconsistent with the plain
meaning or intent of the ordinances:
A. Acts
by agents. When an ordinance requires an act be done by a person which
may be legally performed by an authorized agent of that principal
person, the requirement shall be construed to include all acts performed
by such agents.
B. Code
and Code of Ordinances. The words "Codes," "Code of Ordinances" and
"Municipal Code," when used in any section of this Code, shall refer
to this Code of Ordinances of the Village of Spencer unless the context
of the section clearly indicates otherwise.
C. Computation
of time. In computing any period of time prescribed or allowed by
these Ordinances, the day of the act or event from which the period
of time begins to run shall not be included, but the last day of the
period shall be included, unless it is a Saturday, a Sunday or a legal
holiday. If the period of time prescribed or allowed is less than
seven days, Saturdays, Sundays and legal holidays shall be excluded
in the computation. As used in this section, "legal holiday" means
any statewide legal holiday specified by state law.
D. Fine.
The term "fine" shall be the equivalent of the word "forfeiture,"
and vice versa.
E. Gender.
Use has been made of masculine pronouns in these Ordinances solely
for the sake of brevity. Unless specifically stated to the contrary,
words in these Ordinances referring to the masculine gender shall
also be construed to apply to females, and vice versa.
F. General
rule. All words and phrases shall be construed according to their
plain meaning in common usage. However, words or phrases with a technical
or special meaning shall be understood and construed according to
that technical or special meaning if such is the intent of the Ordinances.
G. Joint
authority. All words purporting to give a joint authority to three
or more Village officers or employees shall be construed as giving
such authority to a majority of such officers or other persons.
H. Officers.
The term "officers" shall refer solely to local offices created by
state statute.
I. Officials.
The term "officials" shall mean all Village officers and employees.
J. Person.
The word "person" shall mean any of the following entities: natural
persons, corporations, partnerships, associations, bodies politic
or any other entity of any kind which is capable of being sued.
K. Repeal.
When any ordinance having the effect of repealing a prior ordinance
is itself repealed, such repeal shall not be construed to revive the
prior ordinance or any part thereof, unless expressly so provided.
L. Singular
and plural. Every word in these Ordinances referring to the singular
number only shall also be construed to apply to several persons or
things, and every word in these Ordinances referring to a plural number
shall also be construed to apply to one person or thing.
M. Tense.
The use of any verb in the present tense shall not preclude the interpretation
of the verb in the future tense where appropriate.
N. Wisconsin
Statutes. The term "Wisconsin Statutes" and its abbreviation as "Wis.
Stats." shall mean, in these Ordinances, the Wisconsin Statutes as
of the adoption of this Code, as amended or renumbered from time to
time.
O. Wisconsin
Administrative Code. The term "Wisconsin Administrative Code" and
its abbreviation as "Wis. Adm. Code" shall mean the Wisconsin Administrative
Code as of the adoption of this Code, as amended or renumbered from
time to time.
P. Village.
The term "Village" shall mean the Village of Spencer, Marathon County,
Wisconsin.
A. If
the provisions of different chapters conflict with each other, the
provisions of each individual chapter shall control all issues arising
out of the events and persons intended to be governed by that chapter.
B. If
the provisions of different sections of the same chapter conflict
with each other, the provision which is more specific in its application
to the events or persons raising the conflict shall control over the
more general provision.
A. General
penalty. Except where a penalty is provided elsewhere 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:
(1) First offense — penalty. Any person who shall violate any provision
of this Code shall, upon conviction thereof, forfeit not less than
$25 nor more than $1,000, 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 such forfeiture and costs
are paid, but not exceeding 90 days.
(2) 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 within one
year shall, upon conviction thereof, forfeit not less than $50 nor
more than $1,000 for each such offense, together with costs of prosecution
and, in default of payment of such forfeiture and costs, shall be
imprisoned in the county jail until such forfeiture and costs of prosecution
are paid, but not exceeding six months.
B. 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.
C. Other
remedies. The Village shall have any and all other remedies afforded
by the Wisconsin Statutes in addition to the forfeitures and costs
of prosecution above.
Whenever any standard code, rule, regulation, statute 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 Village
Administrator-Clerk/Treasurer shall maintain in his office a copy
of any such material as adopted and as amended from time to time.
Materials on file at the Village Administrator-Clerk/Treasurer's
office shall be considered public records open to reasonable examination
by any person during the office hours of the Village Administrator-Clerk/Treasurer,
subject to such restrictions on examination as the Village Administrator-Clerk/Treasurer
imposes for the preservation of the material.
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Spencer of a general and permanent nature adopted by the Village Board of Trustees of the Village of Spencer, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters
1 through
480, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Spencer," 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
Administrator-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 Administrator-Clerk/Treasurer, and such certified copy
shall remain on file in the office of said Village Administrator-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 of Trustees 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 Spencer" 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 Village Administrator-Clerk/Treasurer of the Village of
Spencer, 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 Village
Administrator-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 Administrator-Clerk/Treasurer,
or someone authorized and directed by the Village Administrator-Clerk/Treasurer,
to keep up-to-date the certified copy of the Code required to be filed
in the Village Administrator-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.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Village Administrator-Clerk/Treasurer or an authorized
agent of the Village Administrator-Clerk/Treasurer upon the payment
of a fee to be set by the Village Board of Trustees. The Village Administrator-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 Spencer 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 §
1-3 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.
A. 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 Spencer which is not in
conflict with the provisions of the Code shall be deemed to remain
in full force and effect.
B. Repeal of
specific ordinances. The Village Board of Trustees of the Village
of Spencer has determined that the following ordinances are no longer
in effect and hereby specifically repeals the following specific provisions
of the 1993 Code of Ordinances of the Village of Spencer, as formerly
included and as last amended.
(1) Original
Sec. 7-3-2 (of Title 7, Chapter 3), regarding nonintoxicating beverage
licenses.
(2) Original
Sec. 7-3-3 (of Title 7, Chapter 3), regarding soda water beverage
licenses.
(3) Original
Title 7, Chapter 8, regarding regulation of nonmetallic mining.
(4) Original
Title 7, Chapter 9, regarding public dance halls.
(5) Original Title 11, Chapter
5, regarding offenses by juveniles.
The adoption of this Code and the repeal of ordinances provided for in §
1-16 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 May 16, 2016.
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.
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.
S. Original
Title 9, Chapter 3, Cable Television, as amended, of the 1993 Code
of Ordinances of the Village of Spencer.
A. In compiling and preparing the ordinances for publication as the Code of the Village of Spencer, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections
B,
C and
D 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) References
to the "Department of Industry, Labor and Human Relations" are amended
to "Department of Safety and Professional Services."
(3) References
to “USDA Soil Conservation Service” are amended to “USDA
Natural Resources Conservation Service.”
(4) References
to “Department of Commerce” are amended to “Department
of Safety and Professional Services.”
(5) References
to “Department of Health and Family Services” and “Department
of Health and Social Services” are amended to “Department
of Health Services.”
(6) References
to “Department of Agriculture” are amended to “Department
of Agriculture, Trade and Consumer Protection.”
(7) The
term "Chairman" is amended to "Chairperson."
(8) The
term “Planning Commission” is amended to “Plan Commission.”
(9) The
titles "Board of Appeals," "Board of Zoning Appeals" and "Board of
Adjustment/Appeals" are amended to "Zoning Board of Appeals."
(10) References
to the "Municipal Building" are amended to "Village Hall."
(11) References
to “Public Works Manager” are amended to “Village
Administrator.”
(12) The
phrases “Public Works Manager or Village Clerk-Treasurer”
and “Village Clerk-Treasurerer or Public Works Manager”
are amended to “Village Administrator-Clerk/Treasurer.”
(13) References
to “Village Clerk/Treasurer” are amended to “Village
Administrator-Clerk/Treasurer.”
(14) The
term “alcoholic beverage” is amended to “alcohol
beverage.”
(15) The
term “firemen” is amended to “firefighters.”
(16) The
term “registered land surveyor” is amended to “professional
land surveyor.”
(17) The
terms “animal warden” and “humane officer”
are amended to “animal control officer.”
(18) The
term “residence district” is amended to “residential
district.”
C. The following
changes are made in specific chapters as follows:
(1) In Chapter
424, Subdivision of Land, the term “Master Plan” (when it refers to the Village’s official comprehensive plan for development) is amended to “Comprehensive Plan.”
(2) In Chapter
253, Floodplain Zoning, the terms “zoning agency” and “zoning committee” are amended to “Plan Commission.”
D. 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.)
This ordinance shall take effect upon passage and publication
as required by law.