[HISTORY: Adopted by the Town Board of the Town of Koshkonong
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Secs. 1-1-2, 1-1-3, 1-1-6 and 1-1-7 of the 1996
Code]
The following rules or meanings shall be applied in the construction
and interpretation of ordinances codified in this Code of Ordinances
unless such application would be clearly inconsistent with the plain
meaning or intent of the ordinances:
A.
Acts
by agents. When an ordinance requires an act be done by a person which
may be legally performed by an authorized agent of that principal
person, the requirement shall be construed to include all acts performed
by such agents.
B.
Code
and Code of Ordinances. The words "Codes," "Code of Ordinances" and
"Municipal Code" when used in any section of this Code shall refer
to this Code of Ordinances of the Town of Koshkonong unless the context
of the section clearly indicates otherwise.
C.
Computation
of time. In computing any period of time prescribed or allowed by
these ordinances, the day of the act or event from which the period
of time begins to run shall not be included, but the last day of the
period shall be included, unless it is a Saturday, a Sunday or a legal
holiday. If the period of time prescribed or allowed is less than
seven days, Saturdays, Sundays and legal holidays shall be excluded
in the computation. As used in this section, "legal holiday" means
any statewide legal holiday specified by state law.
D.
Fine.
The term "fine" shall be the equivalent of the word "forfeiture,"
and vice versa.
E.
Gender.
Every word in these ordinances referring to gender shall be gender
neutral.
F.
General
rule. All words and phrases shall be construed according to their
plain meaning in common usage. However, words or phrases with a technical
or special meaning shall be understood and construed according to
that technical or special meaning if such is the intent of the ordinances.
G.
Person.
The word "person" shall mean any of the following entities: natural
persons, corporations, partnerships, associations, bodies politic
or any other entity of any kind which is capable of being sued.
H.
Repeal.
When any ordinance having the effect of repealing a prior ordinance
is itself repealed, such repeal shall not be construed to revive the
prior ordinance or any part thereof, unless expressly so provided.
I.
Singular
and plural. Every word in these ordinances referring to the singular
number only shall also be construed to apply to several persons or
things, and every word in these ordinances referring to the plural
number shall also be construed to apply to one person or thing.
J.
Tense.
The use of any verb in the present tense shall not preclude the interpretation
of the verb in the future tense where appropriate.
K.
Town.
The term "Town" shall mean the Town of Koshkonong, Jefferson County,
Wisconsin.
L.
Wisconsin
statutes. The term "Wisconsin Statutes" and its abbreviation as "Wis.
Stats." shall mean, in these ordinances, the Wisconsin Statutes as
of the adoption of this Code, as amended or renumbered from time to
time.
[Amended 3-13-2019 by Ord. No. 1]
M.
Wisconsin
Administrative Code. 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.
A.
If
the provisions of different chapters conflict with each other, the
provisions of each individual chapter shall control all issues arising
out of the events and persons intended to be governed by that chapter.
B.
If
the provisions of different sections of the same chapter conflict
with each other, the provision which is more specific in its application
to the events or persons raising the conflict shall control over the
more general provision.
A.
General
penalty. Except where a penalty is provided elsewhere in this Code
of Ordinances, any person who shall violate any of the provisions
of this Code shall, upon conviction of such violation, be subject
to a penalty, which shall be as follows:
(1)
First offense — penalty. Any person who shall violate any provision
of this Code shall, upon conviction thereof, forfeit not less than
$50 nor more than $1,000, 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 — penalty. Any person found guilty of violating
any ordinance or part of an ordinance of this Code who shall previously
have been convicted of a violation of the same ordinance within one
year shall, upon conviction thereof, forfeit not less than $100 nor
more than $2,000 for each such offense, together with 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 of prosecution
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 Town from maintaining any appropriate action to prevent or remove
a violation of any provision of this Code.
C.
Other
remedies. The Town of Koshkonong shall have any and all other remedies
afforded by the Wisconsin Statutes in addition to the forfeitures
and costs of prosecution above.
Whenever any standard code, rule, regulation, statute 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 Town
Clerk shall maintain in his/her office a copy of any such material
as adopted and as amended from time to time. Materials on file at
the Town Clerk office shall be considered public records open to reasonable
examination by any person during the office hours of the Town Clerk
subject to such restrictions on examination as the Clerk imposes for
the preservation of the material.
[Adopted 3-13-2019 by Ord. No. 1]
Pursuant to § 66.0103, Wis. Stats, the ordinances of the Town of Koshkonong of a general and permanent nature adopted by the Town Board of the Town of Koshkonong, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 560, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Koshkonong," hereinafter referred to as the "Code."
This ordinance 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 ordinance, 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 ordinance, and, if this ordinance
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 Koshkonong" 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 Koshkonong, pursuant to law, shall
cause to be published, in the manner required by law, a notice of
the adoption of this ordinance. 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 ordinance, 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 Town 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 Koshkonong to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a penalty as provided in § 1-3 of the Code.
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 ordinance 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.
A.
All 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 Town of Koshkonong which is not in
conflict with the provisions of the Code shall be deemed to remain
in full force and effect.
B.
Repeal of
specific enactments. The Town Board of the of the Town of Koshkonong
has determined that the following ordinances are no longer in effect
and hereby specifically repeals the following legislation:
The adoption of this Code and the repeal of ordinances provided for in § 1-16 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 December 8, 2017.
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, changing name, 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 Town’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.
O.
Any charter
ordinances.
P.
Any ordinance
or portion of an ordinance establishing or amending a fee or fees.
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 compiling
and preparing the ordinances for publication as the Code of the Town
of Koshkonong, no changes in the meaning or intent of such ordinances
have been made, except as provided for in this section. 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.
B.
The following
changes are made throughout the Code:
(1)
References
to specific chapters and sections of the Wisconsin Statutes and Wisconsin
Administrative Code are amended to reflect the numbering of the statutes
and Administrative Code as of the publication of this Code.
C.
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 ordinance. (Chapter and section number references are
to the ordinances as they have been renumbered and appear in the Code.)
[Added 10-13-2021]
A.
Except as
otherwise required by applicable law, where, in the judgment of the
Town Board, it would be inappropriate to apply any provision of this
Code of Ordinances because of practical difficulties in compliance,
exceptional or undue hardship would result, or other considerations
in the public interest, the Town Board may waive or modify any requirements
to the extent deemed just and proper. The Town Board shall only grant
such special exceptions when the applicant has demonstrated to the
reasonable satisfaction of the Town Board that the granting of such
special exception will not be contrary to the public interest, the
spirit of the applicable provision is observed, and where owing to
special conditions a literal enforcement of the provision is impracticable
or otherwise unreasonable or demonstrated to be unnecessary. The authority
granted under this section shall not apply with regard to chapters
of the Town Code containing specific provisions for waivers, variances
or exceptions.
B.
Applications
for any special exception shall be made in writing to the Town Clerk
stating the specific provision from which an exception is requested;
and fully state all facts and circumstances supporting the application,
the hardship that would result from compliance, and how granting of
such exception would not be contrary to the public interest.
C.
Prior to
granting any special exception under this section, the Town Board
shall hold a public hearing on the request. The Town Clerk shall publish
a Class 1 notice of such public hearing.
D.
Any application
for a special exception under this section shall be accompanied by
the appropriate fee established by the Town Board. In addition to
the application fee, the applicant shall reimburse the Town for all
expenses incurred in considering the application; including notice
publication costs and professional fees of Town consultants.
