[HISTORY: Adopted by the Village Board of the Village of
Fairwater as indicated in article histories. Amendments noted where
applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 that 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 "Code," "Code of Ordinances" and
"Municipal Code," when used in any section of this Code, shall refer
to this Code of Ordinances of the Village of Fairwater 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.
Use has been made of masculine pronouns in these ordinances solely
for the sake of brevity. Unless specifically stated to the contrary,
this Code of Ordinances is gender neutral and words in these ordinances
referring to the masculine gender shall also be construed to apply
to females, and vice versa.
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.
Joint
authority. All words purporting to give a joint authority to three
or more Village officers or employees shall be construed as giving
such authority to a majority of such officers or other persons.
H.
Officers.
The term "officers" shall refer solely to local offices created by
state statute.
I.
Officials.
The term "officials" shall mean all Village officers and employees.
J.
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.
K.
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.
L.
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 a plural number
shall also be construed to apply to one person or thing.
M.
Tense.
The use of any verb in the present tense shall not preclude the interpretation
of the verb in the future tense where appropriate.
N.
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.
O.
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.
P.
Village.
The term "Village" shall mean the Village of Fairwater, Fond du Lac
County, Wisconsin.
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.
Code.
The Code of Ordinances, Village of Fairwater, Wisconsin, shall take
effect as provided by state law.
B.
Subsequent
ordinances. All ordinances passed by the Village Board subsequent
to the adoption of the Code of Ordinances, except when otherwise specifically
provided, shall take effect from and after their publication.
A.
General
penalty. Except where a penalty is provided elsewhere in this Code,
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. Any person who shall violate any provision of this
Code shall, upon conviction thereof, forfeit not less than $25 nor
more than $2,000, together with the costs of prosecution, and, in
default of payment of such forfeiture and costs of prosecution, shall
be incarcerated 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 shall previously have been
convicted of a violation of the same ordinance within one year shall,
upon conviction thereof, forfeit not less than $50 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 incarcerated
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 Village from maintaining any appropriate action to prevent or
remove a violation of any provision of this Code.
C.
Other
remedies. The Village shall have any and all other remedies afforded
by the Wisconsin Statutes in addition to the forfeitures and costs
of prosecution above.
A.
Court authority
to impose alternative juvenile dispositions and sanctions.
(1)
For a juvenile adjudged to have violated an ordinance, a court is
authorized to impose any of the dispositions listed in §§ 938.343
and 938.344, Wis. Stats., in accordance with the provisions of those
statutes and this section.
(2)
For a juvenile adjudged to have violated an ordinance who violates
a condition of a dispositional order of the court under § 938.343
or 938.344, Wis. Stats., the Municipal Court is authorized to impose
any of the sanctions listed in § 938.355(6)(d), Wis. Stats.,
in accordance with the provisions of those statutes.
(3)
This section is enacted under the authority of § 938.17(2)(cm),
Wis. Stats.
B.
Juvenile
disposition alternatives for alcohol/drug offenses.
(1)
Penalties.
(a)
If a juvenile is found to have engaged in underage drinking of alcohol,
drinking of alcohol on school premises or at a school sponsored activity,
falsifying proof of age, possessing drug paraphernalia, or delivery
of drug paraphernalia to a minor in violation of Village ordinances,
the court may order any of the following:
(b)
After ordering any of the above penalties, the court may, with the
juvenile's agreement, enter an additional order staying the execution
of the penalty order and suspending or modifying the penalty imposed
and may require the juvenile to do any of the following:
(2)
In addition to the dispositions listed above, the court may order
a juvenile to participate in a teen court program if the following
conditions are satisfied:
(a)
The chief judge of the judicial administrative district has approved
a teen court program established in juvenile's county of residence
and the judge determines that participation in the court program will
likely benefit the juvenile and the community.
(b)
The juvenile admits or pleads no contest to the allegations that the juvenile committed the violation specified in Subsection B(1)(a) in open court with the juvenile's parent, guardian or legal custodian present.
(c)
The juvenile has not successfully completed participation in a teen
court program during the two years before the date of the alleged
violation.
(3)
If the court finds that a juvenile's parent or guardian is unable
to provide or refuses to provide a court-ordered AODA services for
the juvenile through his or her health insurance or other third-party
payments, the court may order the parent or health insurer to pay.
C.
Dispositional
alternatives for other ordinance violations.
(1)
The court
may impose one or more of the following dispositional alternatives
against a juvenile found to have violated a municipal ordinance, for
which no penalty is otherwise provided, as follows:
(a)
Counseling for the juvenile and/or the parent or guardian.
(b)
A forfeiture not to exceed the maximum forfeiture that may be imposed
on an adult for committing the same violation. If the forfeiture is
for a violation that is only applicable to a juvenile, the maximum
forfeiture amount is $50 plus costs.
(c)
Suspend a fishing, hunting or driving license from 90 days to five
years for failure to pay the forfeiture.
(d)
Order the juvenile to participate in a supervised work program or
other community service work.
(e)
Order participation in an AODA assessment, an outpatient AODA treatment
or an AODA education program.
(f)
Order participation in a pupil assistance program provided by the
juvenile's school, provided the juvenile's school agrees.
(2)
In addition
to the dispositions listed above, the court may order a juvenile to
participate in a teen court program if the following conditions are
satisfied:
(a)
The chief judge of the judicial administrative district has approved
a teen court program established in juvenile's county of residence
and the judge determines that participation in the court program will
likely benefit the juvenile and the community.
(b)
The juvenile admits or pleads no contest to the allegations that
the juvenile violated the ordinance in open court with the juvenile's
parent, guardian or legal custodian present.
(c)
The juvenile has not successfully completed participation in a teen
court program during the two years before the date of the alleged
violation.
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 Village
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 Village Clerk's office shall be considered public records
open to reasonable examination by any person during the office hours
of the Village Clerk, subject to such restrictions on examination
as the Village Clerk imposes for the preservation of the material.
[Adopted 2-11-2019 by Ord. No. 1-2019]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Fairwater of a general and permanent nature adopted by the Village Board of the Village of Fairwater, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 485, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Fairwater," 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.
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 the effectiveness of such provisions shall
date from the date of adoption of the prior ordinances.
The requirements of § 66.0103, Wis. Stats. In regard
to notice and public availability having been met. The Code along
with certification of the passage of this ordinance shall be placed
on file with the Village Clerk and shall remain on file in the office
of the Village Clerk to be available to persons desiring to examine
during regular business hours of the Village Clerk while the 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 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 Fairwater" 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 Village of Fairwater 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 and via a link on the Village of Fairwater website for inspection
by the public at all reasonable 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.
The Village Clerk, or someone authorized and directed by the
Clerk, shall keep an up-to-date certified copy of the Code in the
Clerk's office for use by the public. All Ordinances adopted
subsequent to the adoption of this ordinance and the Code shall be,
where appropriate, incorporated into the then existing Code by reference
and shall become a supplement to the 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 Village Board. An electronic
version of the Code is assesible via a link on the Village of Fairwater
Website. 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. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a penalty as provided in § 1-4 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.
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 Village
of Fairwater 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 § 1-18 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 October 1, 2018.
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 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.
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 deposit or bond schedule.
Q.
Any ordinance or portion of an ordinance establishing or amending
rates or charges for water or sewer service.
This ordinance shall take effect upon passage and publication
as required by law.
