Pursuant to § 66.0103, Wis. Stats., the ordinances of the Town of Whitewater of a general and permanent nature adopted by the Town Board of the Town of Whitewater, as revised and codified and consisting of Chapters
1 through
50 are hereby approved, adopted, ordained and enacted as the Code of the Town of Whitewater, 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.
The Clerk of the Town of Whitewater 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 Town Clerk as provided in §
1-2 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 Code Adoption Ordinance 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.
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contained in the Code adopted by this ordinance are hereby repealed: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 Whitewater
which is not in conflict with the provisions of the Code shall be
deemed to remain in full force and effect.
The adoption of this Code and the repeal of ordinances provided for in §
1-5 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 19, 2023.
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 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.
P. Any
ordinance or portion of an ordinance establishing or amending a specific
fee amount for any license, permit or service obtained from the Town.
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.
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 Town 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.
It shall be unlawful for anyone to change, alter or tamper with
the Code in any manner which will cause the laws of the Town of Whitewater
to be misrepresented thereby. Anyone violating this section shall
be subject, upon conviction, to a forfeiture of not more than $500.
This ordinance shall take effect upon final passage and publication
or posting as provided by law.