[2016 Code]
The following rules shall be observed in the general use of
this code:
(A) Every word in this code using the masculine or feminine gender may
extend and be applied to the other gender and bodies corporate as
well, and every word importing the singular number only may extend
and be applied to several persons or things as well as to one person
or thing, and every word importing a plural number may extend and
be applied to one person or thing. These rules of construction shall
not be applied to any provision that contains any express language
excluding such construction or when the subject matter or context
of such provision may be repugnant thereto.
(B) All words and phrases shall be construed and understood according
to the common and approved usage of the language; but technical words
and phrases and such others as may have acquired a peculiar and appropriate
meaning in the law shall be construed and understood according to
such peculiar and appropriate meaning.
(C) All words purporting to give a joint authority to three or more public
officers or other persons shall be construed as giving such authority
to a majority of such officers or persons unless it shall be otherwise
expressly declared in the laws giving the authority.
(D) Explaining stated times:
(1)
The word "month" means a calendar month unless otherwise expressed.
The word "year" means a calendar year unless otherwise expressed.
(2)
The word "week" means seven days; but publication in the newspaper
of any notice or other matter for a stated number of weeks shall mean
one insertion in each week, unless specifically stated to be for each
day of the week or for more than one day in each week.
(3)
The time within which an act is to be done as provided in any
of the provisions of this code, when expressed in days, shall be computed
by excluding the first day and including the last, except that if
the last day be Sunday, it shall be excluded and when any such time
is expressed in hours, the whole of Sunday shall be excluded.
(4)
In all cases where any code shall require any act to be done
in a "reasonable time," or "reasonable notice" to be given to any
person, such reasonable notice or time shall mean such time only as
may be necessary for the prompt execution of such duty, or compliance
with such notice.
(E) The word "Preceding" and the word "following," when used by way of
reference to any section of this code, shall mean the section next
preceding or next following that in which said reference is made unless
some other section is especially designated in such reference.
(F) When any section of this code requires an act to be done which may
by law as well be done by an agent as by the principal, such requisition
shall be construed to include all such acts when done by an authorized
agent.
(G) All references to "Wisconsin statutes" or "Wis. Stats." shall mean
the Wisconsin statutes as of the adoption of this code and as amended
or renumbered from time to time. All references to "Wisconsin Administrative
Code" or "Wis. Adm. Code" shall mean the Wisconsin Administrative
Code as of the adoption of this code and as amended or renumbered
from time to time.
(H) Intent to defraud. Whenever an intent to defraud is required in order
to constitute an offense, it shall be sufficient if an intent appears
to defraud any person.
(I) Liability of employers and agents. When the provisions of any section
of this code prohibit the commission of an act, not only the person
actually doing the prohibited act or omitting the directed act, but
also the employer and all other persons concerned with or in aiding
or abetting the said person shall be guilty of the offense described
and liable to the penalty set forth.
[2016 Code]
In this code, unless the context clearly indicates otherwise:
AGENT
Means a person acting on behalf of another.
ALLEY
Means a public thoroughfare which affords only a secondary
means of access to abutting property.
CITIZEN
Means any person residing within the corporate limits of
the city.
CITY
Means the city of Monroe, county of Green, state of Wisconsin.
COUNCIL
Means the common council for the city.
EMPLOYEE
Means an employee of the city unless the context clearly
indicates otherwise.
FEE
Means a sum of money charged by the city for the issuance
of a license or permit or for the provision of a service.
KNOWINGLY
Means a knowledge that the facts exist which brings the act
or omission within the provisions of this code. It does not require
any knowledge of the unlawfulness of such act or omission.
MERCHANDISE
Means any form of personal property offered for sale by a
seller, and includes wares, goods, or materials provided by a seller
that are incidental to services offered or provided by the seller.
NEGLIGENT
Means a want of such attention to the nature of probable
consequences of the act or omission as a prudent man ordinarily bestows
in acting in his own concern.
NUISANCE
Means mean anything offensive or obnoxious to the health
and welfare of the inhabitants of the city; or any act or thing repugnant
to, or creating a hazard to, or having a detrimental effect on the
property of another person or to the community.
OCCUPANT
When applied to a structure or land means any person who
occupies the whole or any part of such structure or land whether alone
or with others.
OFFENSE
Means any act forbidden by any provision of this code or
the omission of any act required by the provisions of this code.
OFFICER
Means an officer of the city unless the context clearly indicates
otherwise.
OWNER
When applied to a structure or land means any person who
has a lawful right to occupy such structure or land and includes any
part owner, joint owner, tenant in common, joint tenant or lessee
of the whole or of a part of such structure or land and any person
who has charge, care or control of such structure or land as executor,
executrix, trustee, receiver or guardian of any such person. Whenever
the structure or land is subject to conditional sales contract, lease
with option to purchase, or any other form of written contract under
the terms of which any person is entitled to a conveyance of legal
title upon payment of consideration, the term "owner" shall mean the
person who shall have a contractual right, rather than the person
who is holding the legal title. "Owner" when applied to personal property
means any person who has a lawful right to possession of such personal
property and includes any part owner, joint owner, tenant in common,
joint tenant or lessee of the whole or of a part of such personal
property.
PERMIT
Means a written approval issued by an authorized city official
allowing a person to undertake a type of work, event or activity for
which a permit from the city is required by this code.
PERSON
Means a natural person, partnership, limited partnership,
joint venture, limited liability company, corporation, or other legal
entity, and includes where appropriate to the context an association,
society, institution, enterprise or governmental agency.
PERSONAL PROPERTY
Means every description of money, goods, chattels, effects,
evidence of rights in action and all written instruments by which
any pecuniary obligation, right or title to property is created.
RETAILER
Means a person who sells goods, merchandise, articles or
things in small quantities direct to the consumer.
SELLER
Means a person who sells or contracts to sell real or personal
property or services.
SEMITRAILER
Means a vehicle of the trailer type so designed and used
in conjunction with a motor vehicle that some part of its own weight
and that of its own load rests upon or is carried by another vehicle,
but does not include a mobile home or a mobile recreational vehicle.
A vehicle used with a ready-mix motor truck to spread the load is
considered a semitrailer.
SPECIAL EVENT
Means a planned extraordinary occurrence or temporary aggregation
of attractions, open to the public, that: a) is conducted on public
property; b) is conducted on private property and has a substantial
impact on public property; c) has activities that request special
temporary food or liquor licenses; or d) requires special city services,
whether open to the public or not, including, but not limited to,
any of the following: street closures, provisions of barricades, garbage
cans, stages or special no parking signs, special electrical services,
or special police protection. Special events include, but are not
limited to, neighborhood and community festivals, parades, processions,
fairs, and bicycle or foot races. Farmers' markets and public
assemblies are not special events.
STREET
Means a way or thoroughfare that is used for vehicular travel
by the public, including both streets and avenues, but not including
an alley.
STRUCTURE
Means any man-made object with form, shape and utility, either
permanently or temporarily attached to, placed upon or set into the
ground, stream bed or lake bed, including but not limited to, roofed
and walled buildings, signs, gas or liquid storage tanks and culverts.
TRAILER
Means a vehicle without motive power designed for carrying
property or passengers wholly on its own structure and for being drawn
by a motor vehicle, but does not include a mobile home.
WILLFULLY
When applied to the intent with which an act is done or omitted,
means a purpose or willingness to commit the act or make the omission
referred to. It does not require any intent to violate law, or to
injure another, or to acquire an advantage.
WRITTEN, IN WRITING
Means any mode of representing words and letters, but when
the written signature of any person is required by law to any official
or public writing or bond required by law, it shall be in the proper
handwriting of such person, or if he or she cannot write, by his or
her proper mark.
[2016 Code]
The section and subsection headings of the several sections
and subsections of this code are intended only to indicate the content
of the section or subsection and shall not be construed to be titles
of such sections, nor be construed to govern, limit, modify or in
any manner affect the scope, meaning or intent of the provisions of
any section or subsection thereto.