[HISTORY: Adopted by the Village Board of Trustees of the
Village of Slinger as indicated in article histories. Amendments noted
where applicable.]
[Adopted as Secs. 21.01 and 21.04 of the former Municipal
Code]
In the construction of this Code, the following rules shall
be observed unless such construction would be inconsistent with the
manifest intent of the ordinance:
A.
Wisconsin
Statutes. All references to "Wisconsin Statutes" or "Wis. Stats.,"
wherever used in this Code, shall mean the Wisconsin Statutes.
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 provisions which shall contain any express language
excluding such construction or when the subject matter or context
of such provisions 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
of any kind 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 requirements
shall be construed to include all such acts when done by an authorized
agent.
[Amended 12-3-2018 by Ord. No 11-01-2018]
A.
General
penalty. 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]
(1)
First offense penalty. Any person who shall violate any provision
of this Code shall, upon conviction thereof, forfeit not less than
$5 nor more than $1,000, 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)
Second offense and subsequent offense penalty. 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
$10 nor more than $1,500 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.
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.
Execution
against defendant's property. Whenever any person fails to pay
a forfeiture and costs of prosecution upon the order of any court
for violation of any ordinance of the Village, the court may, in lieu
of ordering imprisonment of the defendant, or after the defendant
has been released from custody, issue an execution against the property
of the defendant for such forfeiture and costs.
[Adopted 12-3-2018 by Ord. No. 11-01-2018]
Pursuant to § Wis. Stats. 66.0103, 62.23 and 236.45(4)
the ordinances of the Village of Slinger will be recodified following
all state required notice and hearing requirements. Following a Class
2 Notice, the Planning Commission held a Public Hearing regarding
all Zoning and Land Division ordinance amendments on October 17, 2018
and the Village Board held three readings to announce and notify to
the public the Village's intent to recodify the Village's
Code of Ordinances, including Zoning and Land Division ordinances,
on November 5, 2018 and November 19, 2018 and December 3, 2018. The
proposed recodified form of the Village's ordinances, including
Schedule A (which notes specific revisions at time of adoption of
Code) was made available for viewing at Village Hall (300 Slinger
Road, Slinger WI 53086) during all regular office hours as of October
1, 2018 and made available online at www.vi.slinger.wi.gov as of October
2, 2018.
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Slinger of a general and permanent nature adopted by the Village Board of the Village of Slinger, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 550, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Slinger," 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.
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, and the effectiveness
of such provisions shall date from the date of adoption of the prior
ordinances.
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 Slinger" 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 Slinger, pursuant to law, 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 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 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.
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
the 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 Slinger to be misrepresented thereby. Anyone
violating this section or any part of this ordinance shall be subject,
upon conviction, to a forfeiture of not more than $500.
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.
A.
Except as described in § 1-16, 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 Slinger which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B.
The following sections in the prior Municipal Code are specifically
repealed:
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 March 19, 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 a zoning map or otherwise rezoning
property.
O.
Any charter ordinances.
P.
Any ordinance or portion of an ordinance establishing 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 impact fees, specifically Chapter 486, Impact Fees, (previously Chapter 23 "Impact Fees") and § 398-7 Sewers and Sewage Disposal: Annual budget and sewer service charges, (previously Section 12.07 "Publicly Owned Treatment Works and Collection System-Annual Budget and Sewer Service Charges").
A.
In compiling and preparing the ordinances for publication as the Code of the Village of Slinger, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Village Board that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
B.
The following outdated terms have been changed where they appeared
in the prior Code:
(1)
"USDA Soil Conservation Service" to "USDA Natural Resources Conservation
Service."
(2)
"Department of Industry, Labor and Human Relations" to "Department
of Safety and Professional Services."
(3)
"Department of Commerce" to "Department of Safety and Professional
Services."
(4)
"Department of Health and Family Services" to "Department of Health
Services."
(5)
"Board of Appeals" to "Zoning Board of Appeals."
(6)
"Plan Commission" to "Planning Commission."
(7)
"Policemen" and "firemen" to "police officers" and "firefighters."
(8)
"Chairman" to "Chairperson."
C.
The amendments and/or additions as set forth in Schedule A attached
hereto and made a part hereof are made herewith, to become effective
upon the effective date of this ordinance. (Chapter and section number
references are to the ordinances as they have been renumbered and
appear in the Code.)
This ordinance shall take effect upon passage and publication
as required by law.
