[Adopted as §§ 25.01 and 25.04 of the 1993
Code]
In the construction of this Municipal Code, the following rules
shall be observed unless such construction would be inconsistent with
the manifest intent of the ordinance:
A. All
references to "Wisconsin Statutes" or "Wis. Stats." means the Wisconsin
Statutes as of the adoption of this Code, as amended or renumbered
from time to time.
[Amended 1993; at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B. Gender,
singular and plural. Every word in this Code 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 to 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 be done as well by an agent as by the principal, such requirement
shall be construed to include all such acts when done by an authorized
agent.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E. Verbs.
The use of any verb in the present tense shall not preclude the interpretation
of the verb in the future tense where appropriate.
F. References
in the Code to the Village Clerk and Village Treasurer shall be construed
to mean the combined office of Village Clerk-Treasurer.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
[Adopted 10-5-2020 by Ord. No. 20-10-01]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Barneveld of a general and permanent nature adopted by the Village Board of the Village of Barneveld, as revised and codified and consisting of Chapters
1 through
280, are hereby approved, adopted, ordained and enacted as the Code of the Village of Barneveld, 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. This ordinance and the Code adopted hereby shall supersede and replace the 1993 Code of Ordinances, as amended and supplemented.
The Clerk of the Village of Barneveld 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 Village Clerk as provided in §
1-4 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 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.
The adoption of this Code and the repeal of ordinances provided for in §
1-7 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 February 3, 2020.
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 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.
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 an ordinance establishing or amending rates
or charges for water or sewer service.
S. The
following have been excluded from the Code and are specifically saved
from repeal:
(1) Fire Protection, Ch. 5 of the 1993 Code.
(2) Sewer Utility, Ch. 13, Part 3, of the 1993 Code.
(3) Cable Television, Ch. 22 of the 1993 Code.
It shall be unlawful for anyone to change, alter or tamper with the Code in any manner which will cause the laws of the Village of Barneveld to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to a penalty as provided in §
1-2 of the Code.
This ordinance shall take effect upon final passage and publication
or posting as provided by law.