[HISTORY: Adopted by the Village Board of the Village of Campbellsport as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 244, 1955; amended in its entirety 2-6-2019 by Ord. No. 2019-14]
The following words, terms and phrases, when used in this Code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning, provided 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:
ACTS OF AGENTS
When a provision requires an act to be done that may by law as well be done by an agent as by the principal, such requirement shall be construed to include all such acts when done by an authorized agent.
AND, OR
The term "and" may be read as the term "or" and the term "or" may be read as the term "and" where the sense requires it.
CHARTER ORDINANCES
The Charter Ordinances of the Village of Campbellsport, Wisconsin, printed as Chapter A550 of this Code.
CODE
Whenever the term "Code" is used without further qualification, it shall mean the "Municipal Code of the Village of Campbellsport, Wisconsin," as designated in Article II of this chapter.
COMPUTATION OF TIME
The time within which an act is to be done or proceeding had or taken shall be computed by excluding the first day and including the last; and when any such time is expressed in hours the whole of Sunday and of any legal holiday, from 12:00 midnight to 12:00 midnight, shall be excluded. If the last day within which an act is to be done, or proceeding had or taken, falls on a Sunday or legal holiday, the act may be done or the proceeding had or taken on the next secular day. When the last day within which a proceeding is to be had or taken, or an act done, which consists of any payment to or the service upon or the filing with any officer, agent, agency, department or division of the state or of any county, city, village, town, school district or other subdivision of the state, of any money, return, statement, report, notice or other document falls on a Saturday and the duly established official office hours of such officer, agent, agency, department or division to which such payment is to be made or upon which such service is to be made or with which such return, statement, report, notice or other document is required to be filed do not include any office hours thereof on such Saturday, said proceeding may be had or taken or such act may be done on the next succeeding day that is not a Sunday or a legal holiday. Regardless of whether the time limited in any statute for the taking of any proceeding or the doing of an act is measured from an event or from the date or day on which such event occurs, the day on which such event took place shall be excluded in the computation of such time.
COUNTY
Fond du Lac County, Wisconsin.
DELEGATION OF AUTHORITY
Whenever a provision appears requiring the head of a department or some other Village officer or employee to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer or employee to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.
GENDER
Every term in this Code and in any ordinance imparting the masculine gender may extend and be applied to females as well as males.
JOINT AUTHORITY
Terms purporting to give authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared.
MAY
The term shall be construed as being permissive and discretionary.
MONTH
A calendar month.
OATH
Includes affirmation in all cases where by law an affirmation may be substituted for an oath. If any oath or affirmation is required to be taken, such oath or affirmation shall be taken before and administered by some officer authorized by the laws of this state to administer oaths, at the place where the same is required to be taken or administered, unless otherwise expressly directed, and, when necessary, duly certified by such officer. If an oath is administered, it shall end with the words "so help me God." In actions and proceedings in the courts, a person may take an oath or affirmation in communication with the administering officer by telephone or audiovisual means.
OFFICERS AND EMPLOYEES, GENERALLY
Whenever any officer or employee is referred to by title only, such reference shall be construed as if followed by the words "of the Village of Campbellsport, Wisconsin."
OWNER
Applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.
PERSON
Extends and applies to natural persons, firms, corporations, associations, partnerships or other bodies politic and to all entities capable of being sued, unless plainly inapplicable.
PERSONAL PROPERTY
Includes every species of property, except real property.
PRECEDING, FOLLOWING
Next before and next after, respectively.
PROPERTY
Includes real and personal property.
REAL PROPERTY
Includes lands, tenements and hereditaments.
SHALL
The term shall be construed as being mandatory.
SINGULAR AND PLURAL
Every word imparting the singular number only may extend and be applied to several persons or things as well as to one person or thing.
STATE
The State of Wisconsin.
TENSE
Terms used in the past or present tense include the future as well as the past and present.
VILLAGE
The Village of Campbellsport, Wisconsin.
VILLAGE BOARD
The Village Board of Campbellsport, Wisconsin, being the governing body of the Village.
WIS. STATS., STATUTE or STATE STATUTE
Wisconsin Statutes, as amended. Any statute adopted by reference includes amendments to such statute.
YEAR
A calendar year.
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
A. 
Generally. All references to chapters or sections are to the chapters and sections of this Code unless otherwise specified.
B. 
Inclusion of penalty. Reference to any section of this Code shall be understood to refer to and include the penalty section relating thereto, unless otherwise expressly provided.
A. 
Generally. Except as otherwise provided, any person who shall violate any of the provisions of this Code, or any rule or regulation adopted or issued in pursuance thereof, or any provision of any code adopted by reference in 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 $30 nor more than $3,000, 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 has previously been convicted of a violation of the same ordinance within one year shall, upon conviction thereof, forfeit not less than $100 nor more than $4,000 for each such offense, together with the 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 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.
C. 
Execution against defendant's property. Whenever any person fails to pay any forfeiture and costs of prosecution upon the order of any court for violation of any ordinance of the Village, the court may, in lieu of ordering imprisonment of the defendant, or after the defendant has been released from custody, issue an execution against the property of the defendant for such forfeiture and costs.
D. 
Citation method of enforcement.
(1) 
Statutory authorization. Pursuant to § 66.0113, Wis. Stats., the Village elects to use the citation method of enforcement of ordinances, including those for which a statutory counterpart exists.
(2) 
Contents. The citation shall contain the following:
(a) 
Name and address of the alleged violator.
(b) 
Factual allegations describing the alleged violation.
(c) 
Time and place of the offense.
(d) 
Number and section of the ordinance violated.
(e) 
A designation of the offense in such a manner as can readily be understood by a person making a reasonable effort to do so.
(f) 
Time and date in which the violator may appear in court.
(g) 
The citation shall contain the information required in § 66.0113(1)(b), Wis. Stats.
[Amended 9-13-2021 by Ord. No. 2021-2]
(3) 
Issuance of citations. Any Village law enforcement officer is authorized to issue citations for violations of those ordinances they are empowered to enforce.
(4) 
Procedure. Wisconsin Statutes § 66.0113(3), relating to a violator's options and procedures on default, is adopted and incorporated by reference in this section.
(5) 
Nonexclusivity.
(a) 
Other ordinance. Adoption of this subsection does not preclude the Village Board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter.
(b) 
Other remedies. The issuance of a citation under this section shall not preclude the Village Board or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.
E. 
Forfeiture bonds for municipal citations. The Police Chief is authorized to establish bond amounts for violations of this Code for which municipal citations are written. The forfeitures shall be not less than $30 nor more than $3,000, plus costs and assessments. The establishment of these bond amounts shall be done administratively by the Chief of Police and shall not require any further action by the Village Board.
F. 
Juveniles.
(1) 
Definitions. The following words, terms and phrases, when used in this subsection, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
JUVENILE
A person who is 12 years of age or older, but less than 18 years of age.
(2) 
Penalty. Any juvenile who violates any provision of this Code or any rule or regulation adopted or issued pursuant hereto or any provision of any code adopted herein by reference, upon conviction of such violation, shall be subject to imposition of any of the dispositions set forth in §§ 938.343 and 938.344, Wis. Stats., in accordance with the provisions of those sections. Any juvenile who violates a condition of a dispositional order under §§ 938.343 or 938.344, Wis. Stats., upon adjudication of such violation, shall be subject to imposition of any of the sanctions set forth in § 938.355(6)(d), Wis. Stats., in accordance with the provisions of that section.
The penalties provided by § 1-4 shall apply to any section of this Code or any code adopted in this Code by reference to which the penalty relates, whether or not such penalty is reenacted in the amendatory ordinances, unless otherwise provided in the amendment.
The failure of any officer or employee of the Village 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 for such act or omission.
Every person concerned in the commission of any act prohibited by this Code, whether he directly commits the act or prosecutes, counsels, aids or abets in its commission, may be prosecuted and, upon conviction, is punishable as if he had directly committed such act.
[Adopted 9-13-2021 by Ord. No. 2021-2]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Campbellsport of a general and permanent nature adopted by the Village Board of the Village of Campbellsport, as revised and codified and consisting of Chapters 1 through 500, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Village of Campbellsport, 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 2008 Code of Ordinances, as amended and supplemented.
A. 
In accordance with § 66.0103, Wis. Stats., a copy of the Code has been filed in the office of the Village Clerk and made available for public inspection for not less than two weeks prior to adoption of this ordinance, and following adoption of this ordinance such copy shall be maintained and available for public inspection in the office of the Village Clerk.
B. 
Additions or amendments to the Code, when adopted in such form as to indicate the intent 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 Campbellsport" shall be understood and intended to include such additions and amendments.
The Clerk of the Village of Campbellsport 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 § 1-9 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.
A. 
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 Campbellsport which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B. 
The following have been excluded from the Code and are specifically repealed:
(1) 
Ordinance No. 308, prohibiting Administrator, adopted May 12, 2008, (Ch. 2, Art. III, Div. 4, of the 2008 Code).
(2) 
Ordinance No. 227 (Ch. 11, Art. VII, of the 2008 Code), Adult-oriented establishments, as amended February 6, 2019 by Ord. No. 2019-07.
(3) 
Chapter 11, Article VIII, Cable Television, of the 2008 Code.
The adoption of this Code and the repeal of ordinances provided for in § 1-12 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 April 13, 2020.
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. 
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.
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.
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.
A. 
In preparing the revision and codification of the ordinances, certain minor grammatical and nonsubstantive changes were made in one or more of said ordinances, and references to state statutes and regulations were updated to reflect the numbering and titles of the statutes and regulations as of the publication of this Code. It is the intention of the Village Board that all such changes be adopted as part of the Code as if the ordinances so changed had been formally amended to read as such.
B. 
In accordance with § 66.0103, Wis. Stats., the Code of the Village of Campbellsport, on file in the office of the Village Clerk, is adopted and incorporated by reference, including the revisions set forth in Schedule A attached hereto and made a part hereof.[1] (Chapter and section number references in Schedule A are to the ordinances as they have been renumbered and appear in the Code.)
[1]
Editor's Note: Schedule A is on file with the ordinance in the office of the Village Clerk.
A. 
Chapter and article titles, headings and titles of sections and other divisions of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
B. 
Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
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 Campbellsport to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to a penalty as provided in § 1-4 of the Code.
This ordinance shall take effect upon final passage and publication or posting as provided by law.