[HISTORY: Adopted by the Village Board of the Village of
Salem Lakes as indicated in article histories. Amendments noted where
applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
In the construction of this Code, the following rules shall
be observed unless such construction would be inconsistent with the
manifest intent of its provisions:
A.
Wisconsin
Statutes. All reference to "Wisconsin Statutes" or "Wis. Stats." shall
mean the Wisconsin Statutes as of the adoption of this Code, as amended
or renumbered from time to time.
B.
Gender;
singular and plural. Every word in this Code and in any ordinance
imparting the masculine gender may extend and be applied to females
as well as males, and every word imparting the singular number only
may extend and be applied to several persons or things as well as
to one person or thing, provided these rules of construction shall
not be applied to any provision which contains any express language
excluding such construction or when the subject matter or context
of such provision may be repugnant thereto.
C.
Person.
The word "person" extends and applies to natural persons, firms, corporations,
associations, partnerships or other bodies politic and all entities
capable of being sued, unless plainly inapplicable.
D.
Acts
of 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.
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.
Whenever in this Code any standard, code, rule, regulation 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 Clerk shall file, deposit and keep in his or her office a
copy of the code, standard, rule, regulation or other written or printed
matter as adopted. Materials so filed, deposited and kept shall be
public records open for examination with proper care by any person
during the Clerk's office hours, subject to such orders or regulations
which the Clerk may prescribe for their preservation.
A.
Except
as otherwise provided in this Code, any person convicted of violating
any provision of this Code shall be subject to a penalty of not less
than $25 nor more than $1,000, together with the applicable costs
of prosecution, for each such violation.
B.
If
any person convicted of a violation of any provision of this Code
fails without good cause to pay the forfeiture and costs imposed for
said violation, the court may order him to be imprisoned until the
amount of the forfeiture and costs is paid, but not exceeding 90 days,
or in the alternative, the court may suspend the defendant's operating
privileges as defined in § 340.01(40), Wis. Stats., until
the forfeiture and costs are paid, except that the suspension period
may not exceed five years.
C.
Use
of ordinary civil remedies. In addition to the procedures under this
section, the Village may enforce any judgment imposing a forfeiture
and costs in the same manner as a judgment in an ordinary civil action.
D.
Continued
violations. Each violation and each day a violation continues or occurs
shall constitute a separate offense. Nothing in this section shall
preclude the Village from maintaining any appropriate action to prevent
or remove a violation of any provision of this Code.
E.
When no penalty for violation of a section or subsection of this Code is provided, the penalty for said violation shall be that set forth in Subsection A.
F.
The cash
deposits, plus costs, fees, and surcharges imposed under Chapter 814
of the Wisconsin Statutes, to be required for violations of the various
provisions of this Code, are set forth in the Bond Schedule on file
in the office of the Village Clerk, as amended from time to time by
resolution of the Village Board, which is incorporated herein by this
reference.
[Added 12-16-2019 by Ord. No. 2019.12-11]
[Adopted 7-8-2019 by Ord. No. 2019.07-5]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Salem Lakes of a general and permanent nature, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 490, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Salem Lakes," 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.
A copy of the Code has been filed in the office of the Village
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 Village Clerk, and such certified copy shall remain on file in
the office of said Village 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 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 Salem Lakes" 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 Salem Lakes shall cause to be published,
in the manner required by law, a notice of the adoption of this ordinance.
The Code shall be maintained in the office of the Village Clerk and
made available 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 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 Village 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
payment of a fee to be set by the Village 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 Village of Salem Lakes 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 § 1-4 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 Salem Lakes 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 § 1-15 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 January 14, 2019.
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 an Official Map or Zoning Map
or otherwise rezoning property.
O.
Any charter ordinances.
P.
Any ordinance or portion of an ordinance establishing or amending
a specific fee amount for any license, permit or service obtained
from the Village.
Q.
Any ordinance or portion of an ordinance establishing or amending
a deposit or bond schedule.
R.
Any ordinance or portion of any 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.
