[HISTORY: Adopted by the Village Board of the Village of
Athens as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-22-2004 as §§ 1-1-2,
1-1-3, 1-1-5, 1-1-6 and 1-1-7 of the 2004 Code]
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 that 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 "Code," "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 Athens 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.[1]
[1]
Editor's Note: See § 995.20, Wis. Stats.
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,
this Code of Ordinances is gender neutral and 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.
Village.
The term "Village" shall mean the Village of Athens, Marathon County,
Wisconsin.
O.
Village
Clerk. References to the position of Village Clerk shall mean the
Village of Athens Clerk.
P.
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.
Q.
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.
[Amended 1-23-2017]
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.
[Amended 1-23-2017]
The Code of Ordinances, Village of Athens, Wisconsin, shall
take effect as provided by state law.
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. 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. 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.
A.
Court authority
to impose alternative juvenile dispositions and sanctions.
(1)
For a juvenile adjudged to have violated an ordinance, a 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 and this section.
(2)
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 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.
[Amended 1-23-2017]
(3)
This section is enacted under the authority of § 938.17(2)(cm),
Wis. Stats.
B.
Juvenile
disposition alternatives for alcohol/drug offenses.
(1)
If a juvenile is found to have engaged in underage drinking of alcohol,
drinking of alcohol on school premises or at a school-sponsored activity,
falsifying proof of age, possessing drug paraphernalia, or delivery
of drug paraphernalia to a minor in violation of Village ordinances,
the court may order any of the following:
(2)
After ordering any of the above penalties, the court may, with the
juvenile's agreement, enter an additional order staying the execution
of the penalty order and suspending or modifying the penalty imposed
and may require the juvenile to do any of the following:
(3)
In addition to the dispositions listed above, the court may order
a juvenile to participate in a teen court program if the following
conditions are satisfied:
(a)
The chief judge of the judicial administrative district has approved
a teen court program established in the juvenile's county of
residence and the judge determines that participation in the court
program will likely benefit the juvenile and the community.
(b)
The juvenile admits or pleads no contest to the allegations that the juvenile committed the violation specified in Subsection B(1) in open court with the juvenile's parent, guardian or legal custodian present.
[Amended 1-23-2017]
(c)
The juvenile has not successfully completed participation in a teen
court program during the two years before the date of the alleged
violation.
(4)
If the court finds that a juvenile's parent or guardian is unable
to provide or refuses to provide court-ordered AODA services for the
juvenile through his or her health insurance or other third party
payments, the court may order the parent or health insurer to pay.
(5)
If payment is not attainable as described in Subsection E(4) above,
the court may order the municipality to pay for any AODA services
so ordered.
C.
Dispositional
alternatives for other ordinance violations.
(1)
The court may impose one or more of the following dispositional alternatives
against a juvenile found to have violated a municipal ordinance, for
which no penalty is otherwise provided, as follows:
(a)
Counseling
for the juvenile and/or the parent or guardian.
(b)
A
forfeiture not to exceed the maximum forfeiture that may be imposed
on an adult for committing the same violation. If the forfeiture is
for a violation that is only applicable to a juvenile, the maximum
forfeiture amount is $50 plus costs.
(c)
Suspend
a fishing, hunting or driving license as provided in § 938.343(2)
and (6), Wis. Stats., for failure to pay the forfeiture.
[Amended 1-23-2017]
(d)
Order
the juvenile to participate in a supervised work program or other
community service work.
(e)
Order
participation in an AODA assessment, an outpatient AODA treatment
or an AODA education program.
(f)
Order
participation in a pupil assistance program provided by the juvenile's
school, provided that the juvenile's school agrees.
(2)
In addition to the dispositions listed above, the court may order
a juvenile to participate in a teen court program if the following
conditions are satisfied:
(a)
The chief judge of the judicial administrative district has approved
a teen court program established in the juvenile's county of
residence and the judge determines that participation in the court
program will likely benefit the juvenile and the community.
(b)
The juvenile admits or pleads no contest to the allegations that
the juvenile violated the ordinance in open court with the juvenile's
parent, guardian or legal custodian present.
[Amended 1-23-2017]
(c)
The juvenile has not successfully completed participation in a teen
court program during the two years before the date of the alleged
violation.
D.
Violation
of juvenile dispositional orders. The court may impose the following
sanctions on a juvenile who has violated a Village ordinance and who
has violated a condition of his or her dispositional order:
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
Clerk shall maintain in his/her office a copy of any such material
as adopted and as amended from time to time. Materials on file at
the Village Clerk's office shall be considered public records
open to reasonable examination by any person during the office hours
of the Village Clerk, subject to such restrictions on examination
as the Clerk imposes for the preservation of the material.
[Adopted 1-23-2017]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Athens of a general and permanent nature adopted by the Village Board of the Village of Athens, 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 Athens," 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 Athens" 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 Athens, 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.
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 Athens 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 Chapter 1, Article I, 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 Athens which is not in conflict with the provisions of the Code
shall be deemed to remain in full force and effect. The following
chapters and sections of the 2004 Code of Ordinances are specifically
repealed: Title 7, Chapter 9, Tattooing and Body Piercing; Title 9,
Chapter 3, Cable Television; Title 11, Chapter 4, §§ 11-4-2
to 11-4-9; and Title 15, Chapter 3, Historic Preservation.
The adoption of this Code and the repeal of ordinances provided for in § 1-18 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 February 23, 2015.
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 ordinance 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 or establishing or amending a fee schedule.
Q.
Any ordinance or portion of an ordinance establishing or amending
a penalty, 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 Athens, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections 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 adoption of the Code includes the adoption of the following new ordinance: Chapter 375, Snowmobiles, All-Terrain Vehicles and Utility Terrain Vehicles.
C.
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"
and "Department of Commerce" are amended to "Department of Safety
and Professional Services."
(3)
The title "Chairman" is amended to "Chairperson."
(4)
The title "Zoning Board of Appeals" is amended to "Board of Appeals."
(5)
The term "Master Plan" is amended to "Comprehensive Plan."
(6)
The term "emergency government" is amended to "emergency management."
(7)
The term "Village Hall" is amended to "Municipal Building."
(8)
The term "alcoholic beverage" is amended to "alcohol beverage."
(9)
The term "certificate of occupancy" is amended to "occupancy permit."
(10)
The title "registered land surveyor" is amended to "professional
land surveyor."
(11)
References to the "Soil Conservation Service" are amended to the
"Natural Resources Conservation Service."
(12)
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 § 1-20D, the chapters, parts and sections that 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, repealed) 1-23-2017." 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.
