[HISTORY: Adopted by the Town Board of the Town of Arbor Vitae as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-9-1996 by Res. No. 1-96]
The Town electors of the Town of Arbor Vitae do hereby authorize the Town Board to exercise village powers pursuant to §§ 60.10(c) and 60.23(3) of the Wisconsin Statutes. Exercise of village powers was authorized at the Annual Town Meeting on April 8, 1958, minutes being attached. This article acts as a reconfirmation of authorization in the form of a written resolution.
Editor's Note: Said minutes were attached to original Res. No. 1-96 that adopted this article.
[Adopted 4-16-2019 by Res. No. 1-19]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Town of Arbor Vitae of a general and permanent nature adopted by the Town Board of the Town of Arbor Vitae, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 325, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Arbor Vitae," hereinafter referred to as the "Code."
This article and the Code shall supersede all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.
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 article, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinances.
A copy of the Code has been filed in the office of the Town Clerk and shall remain there for use and examination by the public for at least two weeks, in accordance with § 66.0103, Wis. Stats., and until final action is taken on this article, and, if this article shall be adopted, such copy shall be certified to by the Town Clerk, and such certified copy shall remain on file in the office of said Town Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect.
Any and all additions, deletions, amendments or supplements to the Code, when adopted in such form as to indicate the intention of the Town Board to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Town of Arbor Vitae" shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be adopted, they shall thereafter be inserted in the Code as amendments and supplements thereto.
The Clerk of the Town of Arbor Vitae, pursuant to law, shall cause to be published, in the manner required by law, a notice of the adoption of this article. Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The publication of notice of the enactment of this article, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
It shall be the duty of the Town Clerk, or someone authorized and directed by the Clerk, to keep up-to-date the certified copy of the Code required to be filed in the Clerk's office for use by the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are included as supplements to said Code.
Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk or an authorized agent of the Clerk upon the payment of a fee to be set by the Town Board. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Town of Arbor Vitae to be misrepresented thereby. Anyone violating this section or any part of this article shall be subject, upon conviction, to a forfeiture of not more than $500.
Each section 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.
Each section of this article is an independent section, and the holding of any section or 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.
All ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this article are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of Arbor Vitae which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
Repeal of specific enactments. The Town Board of the Town of Arbor Vitae has determined that the following legislation is no longer in effect and hereby specifically repeals the following legislation:
Mobile Homes: Licensing of Mobile Home Parks.
Res. No. 2, 7-14-1950, Alcohol Beverages: Limits on Sales.
Ord. No. 3, 9-2-1949, Circuses, Carnivals and Shows.
Ord. No. 4, Hunting: Licensing of "Turkey Shoot."
Ord. No. 5, 5-6-1957, Lakes and Waterways: Houseboats Prohibited.
7-1-1959, Alcohol Beverages: Closing Time for Taverns.
Ord. No. 1-60, 10-5-1960, Firearms and Weapons: Discharge in Municipal Garbage Disposal Area.
Ord. No. 7, 3-4-1964, Alcohol Beverages: Limits on Sales Amendment.
Ord. No. 8, 4-1-1964, Alcohol Beverages: Taverns Open on Election Days.
Ord. No. 1-69, 4-2-1969, Gas Code.
6-4-1975, Gas Code Amendment.
Ord. No. 1-75, 1975, Elections: Registration of Electors.
Ord. No. 1-82, 4-14-1982, Gas Code Amendment.
Ord. No., 9-14-1983, Sewers: Holding Tanks.
The adoption of this Code and the repeal of ordinances provided for in § 1-13 of this article shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to August 16, 2018.
Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this article or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this article in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom.
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this article brought pursuant to any legislative provision.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.
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 Town's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
The levy or imposition of taxes, assessments or charges.
The annexation or dedication of property or approval of preliminary or final subdivision plats.
Ordinances providing for local improvements or assessing taxes or special assessments therefor.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
Any ordinances adopting or amending a zoning map or otherwise rezoning property.
Any charter ordinances.
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Town.
Any ordinance or portion of an ordinance establishing or amending a deposit or bond schedule.
Ordinance No. 68, adopted 1-15-1963, regarding zoning.
Ordinance No. 2-1985, adopted 12-1-1985, regarding zoning.
Ordinance No. 1-94, adopted 1-12-1994, regarding zoning.
Ordinance No. 1-2000, adopted 4-5-2000, regarding zoning and land use ratification.
In compiling and preparing the ordinances for publication as the Code of the Town of Arbor Vitae, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
The amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this article. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)
Throughout the Code, references to specific chapters and sections of the Wisconsin Statutes and Wisconsin Administrative Code are revised to reflect the numbering of the statutes and Administrative Code as of the publication of this Code.
This article shall take effect upon passage and publication as required by law.