[Adopted by the Town Board of the Town of Pittsfield as indicated
in article histories. Amendments noted where applicable.]
[Adopted 5-13-1997 as §§ 1.002, 1.004, 1.005 and 1.006 of the
1997 Code]
A.
General.
Terms used in this Code, unless specifically defined in this Code,
have the same meanings prescribed by the Wisconsin Statutes for the
same terms, or if not defined in this Code or the statutes, then their
usual and customary meanings.
B.
ACT
BOARD
CODE
COUNTY
ORDINANCE
PERSON
STATE
TOWN
WISCONSIN STATUTES
Specific.
Terms used in this Code have the following meanings:
Includes the failure or omission to do something which should
have been done, or which was required to be done, under circumstances
then existing.
The Town Board of the Town of Pittsfield, and similarly the
title of any other official, board or commission shall refer to that
of the Town of Pittsfield unless otherwise stated.
The Town of Pittsfield (this Code).
Brown County.
An ordinance of the Town of Pittsfield and all amendments
thereto included in this Code, and any ordinance passed and published
but not yet included in this Code.
Any natural individual, firm, partnership, trust, estate,
club, association or corporation. As applied to partnerships or associations,
the word includes the partners or members thereof, as officers, agents
or employees thereof, who are responsible for the act referred to.
The singular person includes the plural and the plural includes the
singular. The masculine gender includes the feminine and neuter genders,
and vice versa.
State of Wisconsin.
Town of Pittsfield, Brown County, Wisconsin.
The latest publication thereof, and any and all amendments
thereto as and when enacted.
Unless otherwise provided in this Code, this Code applies to
acts performed within the Town of Pittsfield, Brown County, Wisconsin.
A.
Standard
penalty. Unless another penalty is expressly provided by the Code
for any particular provision, section or chapter, any person violating
any provision of this Code or any rule or regulation adopted or issued
in pursuance thereof, or any provision of any code adopted here by
reference, shall, upon conviction, be subject to forfeiture of not
less than $100 nor more than $1,000 and the cost of prosecution. In
default of immediate payment of such forfeiture and cost, such person
shall be committed to the Brown County Jail until such forfeiture
and costs are paid. Every commitment shall limit the duration of such
imprisonment to a definite term not exceeding 90 days.
[Amended 11-10-2015 by Ord. No. 2015-1]
B.
Each
day a violation. Each act of violation, and every day upon which a
violation occurs or continues, constitutes a separate offense.
C.
Applicability.
The penalty provided by this section and/or any section of this Code
applies to the amendment of any section of this Code and any code
adopted herein by reference to which the penalty relates, whether
or not such penalty is reenacted in the amendatory ordinances, unless
otherwise provided in the amendment.
D.
Reference
to sections. Reference to any section of this Code shall be understood
also to refer to and include the penalty section relating thereto,
unless otherwise expressly provided.
E.
Failure
of officers to perform duties. The failure of any officer or employee
of the Town to perform any official duty imposed by this Code shall
not subject such officer or employee to the penalty imposed for violation
of this Code, unless a penalty is specifically provided.
[Added 11-10-2015 by Ord.
No. 2015-1]
A.
This section
is enacted under the authority of § 938.17(2)(cm), Wis.
Stats.
B.
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.
C.
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 sanctions listed
in § 938.355(6)(d), Wis. Stats., in accordance with the
provisions of those statutes.
Every person concerned in the commission of any act prohibited
by this Code, whether he directly commits the act, or in any way directs,
encourages, advises, aids, or abets its commission, may be prosecuted
and on conviction thereof is subject to punishment the same as if
he had directly committed such act.
[Adopted 11-10-2015 by Ord. No. 2015-1]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Town of Pittsfield of a general and permanent nature adopted by the Town Board of the Town of Pittsfield, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 275, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Pittsfield," 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 Town
Clerk 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 Town Clerk, and such certified copy shall remain on file in the
office of said Town Clerk 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 Town Board to make them a part thereof, shall be deemed to
be incorporated into such Code so that reference to the "Code of the
Town of Pittsfield" 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 of the Town of Pittsfield, 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 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 Town Clerk, or someone authorized
and directed by the Clerk, to keep up-to-date the certified copy of
the Code required to be filed in the Clerk'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 or an authorized agent of the Clerk upon
the payment of a fee to be set by the Town Board. The Clerk 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 Town of Pittsfield to be misrepresented thereby. Anyone
violating this section or any part of this ordinance shall be subject,
upon conviction, to a forfeiture of not more than $500.
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 Town
of Pittsfield 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 February 19, 2014.
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 Town'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 a zoning map or otherwise rezoning property.
O.
Any charter
ordinances.
P.
Any ordinance
or portion of an ordinance establishing a specific fee amount for
any license, permit or service obtained from the Town.
Q.
Any ordinance
or portion of an ordinance establishing or amending a deposit or bond
schedule.
A.
In compiling and preparing the ordinances for publication as the Code of the Town of Pittsfield, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B 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 Town 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 amendments
and/or additions as set forth in Schedule A[1] 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]
Editor’s Note: In accordance with § 1-19B, the chapters, parts and sections which were added, amended, adopted or repealed 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) 11-10-2015 by Ord. No. 2015-1." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
C.
Sections
1.100 and 1.101 of the 1997 Code, Brown County Commission, are repealed.
D.
The following
changes are made throughout the Code:
(1)
References
to specific chapters and sections of the Wisconsin Statutes and Wisconsin
Administrative Code are revised to reflect the numbering of the statutes
and Administrative Code as of the publication of this Code.
(2)
References
to the "Department of Health and Social Services" and "Department
of Health and Family Services" are amended to read "Department of
Health Services."
(3)
References
to the "Department of Industry, Labor and Human Relations" and "Department
of Commerce" are amended to read "Department of Safety and Professional
Services."
(4)
Instances
of "Chairperson" and "Chairman" are changed to "Chair."
(5)
Instances
of "Board of Appeals" are changed to "Zoning Board of Appeals."
(6)
Chapter 21 is amended to change instances of "Dog Catcher" to "Animal Control/Humane Officer" and instances of "Health Officer" to "County Health Officer."
(8)
Chapter 275 is amended to change instances of:
(a)
"Manufactured
home park" to "manufactured home community."
(b)
"A-2"
[District] to "AG-FP."
(c)
"Telecommunication"
to "communication."
(d)
"Plan
Commission" and "Zoning and Plan Commission" to "Planning Commission."
(e)
"Exclusive
Agriculture District," "Exclusive Agricultural District," and "Exclusive
Agriculture Zone" to "AG-FP District."
This ordinance shall take effect upon passage and publication
as required by law.
