[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.
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.
PROPERTY
Includes real and personal property.
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.
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.
The penalties provided by §Â
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.
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.
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.
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 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.