[Adopted as §§ 19.01 to 19.04 of the Municipal
Code]
In the construction of this Code of general ordinances, the
following rules shall be observed unless such construction would be
inconsistent with the manifest intent of the ordinance:
A. Wisconsin
Statutes and Administrative Code. The term "Wisconsin Statutes" and
its abbreviation as "Wis. Stats." shall mean the Wisconsin Statutes
as of the adoption of this Code, as amended or renumbered from time
to time. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B. Gender;
singular and plural. Every word in this Code and in any ordinance
importing the masculine gender may extend and be applied to females
as well as males, 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, provided that these rules of construction
shall not be applied to any provisions which shall contain any express
language excluding such construction or when the subject matter or
context of such provisions may be repugnant thereto.
C. Person.
The word "person" extends and applies to natural persons, firms, corporations,
associations, partnerships or other bodies politic and all entities
of any kind capable of being sued unless plainly inapplicable.
D. Acts
by agents. When a provision requires an act to be done which may by
law be done as well by an agent as by the principal, such requirement
shall be construed to include all such acts when done by an authorized
agent.
E. Clerk and Treasurer. References in the Code to the Village Clerk and Village Treasurer shall be construed to mean the combined office of Village Clerk-Treasurer established by Charter Ordinance No. 4. See Chapter
96, Officers and Employees, Article
II, Clerk-Treasurer, of this Code.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
F. Building Code and Zoning Code. "Building Code" refers to Chapter
185, Building Construction, of this Code, and "Zoning Code" refers to Chapter
445, Zoning, of this Code.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Whenever in this Code any standard, code, rule, regulation 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 is hereby directed and required to file, deposit
and keep in his office a copy of the code, standard, rule, regulation
or other written or printed matter as adopted. Materials so filed,
deposited and kept shall be public records open for examination with
proper care by any person during the Village Clerk's office hours,
subject to such orders or regulations which the Village Clerk may
prescribe for their preservation.
[Added 3-7-2005 by Ord.
No. 05-05]
A. All references
within the Municipal Code of Hales Corners, Wisconsin, and within
all resolutions, orders and motions of the Village Board and actions
of the Plan Commission and Board of Appeals and all other Village
boards and commissions and committees, and where otherwise specified
within municipal regulations, to the position of "Building Inspector"
and all references to the position of "Zoning Administrator" shall
mean "Village Administrator" and the Village Administrator's designees,
whether such designation is of Village staff, existing or new Village
employee(s), or public or private contractor, pending further action
by the Village Board.
B. The Village Administrator shall perform or obtain the performance of the duties of Building Inspector and Zoning Administrator as set forth under Subsection
A without any additional compensation, pending further action by the Village Board.
[Adopted 6-14-2021 by Ord. No. 21-02]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Hales Corners of a general and permanent nature adopted by the Village Board of the Village of Hales Corners, as revised and codified and consisting of Chapters
1 through
445, are hereby approved, adopted, ordained and enacted as the Code of the Village of Hales Corners, hereinafter referred to as the "Code." 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. This ordinance and the Code adopted hereby shall supersede and replace the existing Municipal Code of Hales Corners, as amended and supplemented.
The Clerk of the Village of Hales Corners shall cause notice of the passage of this ordinance to be given in the manner required by law. The notice of passage of this ordinance coupled with the filing of the Code in the office of the Village Clerk as provided in §
1-7 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Each section of this ordinance and 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.
The adoption of this Code and the repeal of ordinances provided for in §
1-10 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 March 8, 2021.
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, naming, 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.
It shall be unlawful for anyone to change, alter or tamper with the Code in any manner which will cause the laws of the Village of Hales Corners to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to a penalty as provided in §
1-4 of the Code.