Village of Fox Crossing, WI General Provisions

In the construction of this Code of general ordinances, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the ordinance:

Wisconsin Statutes. References to the Wisconsin Statutes (Wis. Stats.) shall mean the Wisconsin Statutes as of the adoption of this Code, as amended or renumbered from time to time.

Gender; singular and plural. Every word in this Code and in any ordinance importing the masculine gender may extend and be applied to females as well as males, and every word importing the singular number only may extend and be applied to several persons or things as well as to one person or thing, provided that these rules of construction shall not be applied to any provisions which shall contain any express language excluding such construction or when the subject matter or context of such provision may be repugnant thereto.

Person. The word "person" extends and applies to natural persons, firms, corporations, associations, partnerships or other bodies politic and all entities of any kind capable of being sued unless plainly inapplicable.

Acts by agents. When a provision requires an act to be done which 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.

§ 1-2 Conflict and severability.

Conflict of provisions. If the provisions of the different chapters of this Code conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions arising out of the subject matter of such chapter.

Severability of Code provisions. If any section, subsection, sentence, clause or phrase of the Code is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof may be declared invalid or unconstitutional.

§ 1-3 Violations and penalties.

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)

Any person who shall violate any provision of this Code shall, upon conviction thereof, forfeit not less than $25 nor more than $500, 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)

Any person found guilty of violating any ordinance or part of any 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 $1,000 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.

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.

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.

Article II Adoption of Code

[Adopted 7-13-2020 by Ord. No. 200713-1]

§ 1-4 Code adopted; continuation of existing provisions.

Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Fox Crossing of a general and permanent nature adopted by the Village Board of the Village of Fox Crossing, as revised and codified as Chapters 1 through 435, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Village of Fox Crossing, 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.

§ 1-5 Prior Code superseded.

This ordinance and the Code adopted hereby shall supersede and replace the Town of Menasha Municipal Code adopted September 27, 1976, and as subsequently amended, except such portions of the Code as are herein expressly saved from repeal or continued in force.

§ 1-6 Code on file; notice and publication.

A copy of the Code has been on file and open for inspection at the office of the Village Clerk for not less than two weeks prior to the adoption of this ordinance pursuant to § 66.0103, Wis. Stats., and such copy shall remain on file and available for inspection in the office of the Village Clerk during all times while said Code is in effect.

The Village Clerk shall cause to be published, in the manner required by law, a notice of the adoption of this ordinance. The publication of notice of the adoption 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.

§ 1-7 Additions and amendments.

Additions or amendments to the Code, when adopted in such form as to indicate the intent 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 Fox Crossing" or "Village of Fox Crossing Municipal Code" shall be understood to include such additions and amendments.

§ 1-8 Altering or tampering with 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 Village of Fox Crossing 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.

§ 1-9 Severability.

Each section of this ordinance and of the Code is an independent 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 ordinance or the Code or the application thereof to any person or circumstances is held invalid, the remainder of this ordinance and the Code and the application of such provision to other persons or circumstances shall not be affected thereby.

§ 1-10 Repealer.

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 Fox Crossing which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.

§ 1-11 Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-10 shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

Any ordinance adopted subsequent to April 20, 2016, the date of incorporation of the Village of Fox Crossing.

Any charter ordinance, including Ordinance No. 160425-1 (Charter Ordinance No. 1), adopted April 25, 2016, as amended.

Appendix A, Records Retention Schedule, of the former Municipal Code and any ordinance or portion of an ordinance establishing or amending a Records Retention Schedule.

Appendix B, Fee Schedule, of the former Municipal Code and any ordinance or portion of an ordinance establishing or amending a specific fee amount for any license, permit or service obtained from the Village.

Appendix D, Ordinance Bond Schedule, of the former Municipal Code and any ordinance or portion of an ordinance establishing or amending a deposit or bond schedule.

Any ordinance or portion of an ordinance establishing or amending rates or charges for water, sewer or other utility service.

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.

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.

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.

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 Village's indebtedness, or adopting or amending a budget.

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 personnel policies and 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.

§ 1-12 Adoption of Schedule of Fines.

The Schedule of Fines included in the Appendix of the Code of the Village of Fox Crossing as Chapter A450 is hereby adopted.

§ 1-13 When effective.

This ordinance shall take effect upon passage and publication as required by law.