Village of Coloma, WI Construction and Penalties

The following rules or meanings shall be applied in the construction and interpretation of these ordinances unless such application would be clearly inconsistent with the plain meaning or intent of these ordinances:

(1)

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.

(2)

Codes and Code of Ordinances. The words "Codes" and "Code of Ordinances" when used in any section of this Code shall refer to this Code of General Ordinances of the Village of Coloma, unless the context of the section clearly indicates otherwise.

(3)

Computation of time. In computing any period of time prescribed or allowed by any ordinance, 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.

(4)

Fine. The term "fine" shall be the equivalent of the word "forfeiture," and vice versa.

(5)

Gender. Every word in any ordinance referring to the masculine gender shall also be construed to apply to females, and vice versa.

(6)

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.

(7)

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.

(8)

Person. The word "persons" 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.

(9)

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 When any ordinance having the effect of repealing a prior ordinance is itself repealed, such repeal shall not be construed to revive the prior ordinance or any part thereof, unless expressly so provided.

(10)

Singular and plural. Every word in any ordinance referring to the singular number only shall also be construed to apply to several persons or things, and every word in any ordinances referring to a plural number shall be construed to apply to one person or thing.

(11)

Tense. The use of any verb in the present tense shall not preclude the interpretation of the verb in the future tense where appropriate.

(12)

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.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

(13)

Wisconsin Administrative Code. The term "Wisconsin Administrative Code" and its abbreviations 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.

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.

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.

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 $5 nor more than $500 together with the costs of prosecution and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the Waushara 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 $20 nor more than $1,000 for each such offense, together with costs of prosecutions and in default of payment of such forfeiture and costs shall be imprisoned in the Waushara County Jail until such forfeiture and costs of prosecution are paid, but not exceeding six months.

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 this Code.

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.