[Code 1993, § 25.07]
These ordinances shall be known as the "Code of Ordinances,
Village of Mount Pleasant, Wisconsin," and shall take effect from
and after passage and publication, as provided in Wis. Stats. § 66.035.
All references to this Code shall be cited by section number (example:
§ 13-6).
[Code 1993, § 25.01]
(a)Â
GENERALLY
ACTS OF AGENTS
BOARD and VILLAGE BOARD
CODE
COMPUTATION OF TIME
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
COUNTY
GENDER, SINGULAR AND PLURAL
MONTH
OATH
OFFICERS AND EMPLOYEES
OWNER
PERSON
PERSONAL PROPERTY
PRECEDING and FOLLOWING
PROPERTY
REAL PROPERTY
SHALL
SHERIFF
STATE
STREET
TENANT and OCCUPANT
TENSE
VILLAGE
WISCONSIN STATUTES and WIS. STATS
WRITTEN and IN WRITING
YEAR
The following words, terms and phrases, when used in this Code, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Terms shall be construed in their common and usual significance
unless the contrary is clearly indicated.
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.
Whenever the terms "board" and "Village Board" are used without
qualification, they shall read as if the term "of Mount Pleasant,
Wisconsin" followed such terms.
Whenever the term "Code" is used without further qualification, it shall mean the "Code of Ordinances, Village of Mount Pleasant, Wisconsin," as designated in § 1-1.
The time within which an act is to be done or a proceeding had
or taken shall be computed by excluding the first day and including
the last day. When any such time is expressed in hours, the whole
of Sunday and of any legal holiday, from 12:00 midnight to 12:00 midnight,
shall be excluded.
If the last day within which an act is to be done or a proceeding
had or taken falls on a Sunday or legal holiday, the act may be done
or the proceeding had or taken on the next secular day.
When the last day within which a proceeding is to be had or
an act done, which consists of any payment to or the service upon
or the filing with any officer, agent, agency, department or division
of the state or any county, city, Village, town, school district or
other subdivision of the state, of any money, return, statement, notice
or other document, falls on a Saturday and the duly established official
office hours of such officer, agent, agency, department or division
to which such payment is to be made or with which such return, statement,
report, notice or other document is required to be filed do not include
any office hours thereof on such Saturday, the proceeding may be had
or taken or such act may be done on the next succeeding day that is
not a Sunday or a legal holiday.
Regardless of whether the time limited in any statute for the
taking of any proceeding or the doing of any act is measured from
an event or from the date or day on which such event occurs, the day
on which such event took place shall be excluded in the computation
of such time.
The term "legal holiday," as used in this definition, means
any statewide legal holiday provided in Wis. Stats. § 895.20.
When an act is permitted to be done by the use of the postal service
and the last day within the time prescribed by law for performing
such act falls on a legal holiday designated by the President such
that the postal service does not receive registered mail or make regular
deliveries on that day, the day shall be considered a legal holiday
for the purposes of this definition.
The term "county" shall mean the County of Racine, Wisconsin.
Every term in this Code and in any ordinance imparting the
masculine gender may extend and be applied to females as well as males,
and every term 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.
The term "month" shall mean a calendar month.
The term "oath" includes an affirmation in all cases where
by law an affirmation may be substituted for an oath. If any oath
or affirmation is required to be taken, such oath or affirmation shall
be taken and administered before an officer authorized by the laws
of the state to administer oaths, at the place where the oath is required
to be taken or administered, unless otherwise expressly directed,
and, when necessary, duly certified by such officer. If an oath is
administered, it shall end with the term "so help me God." In actions
and proceedings in the courts, a person may taken an oath or affirmation
in communication with the administering officer by telephone or audiovisual
means.
Whenever any officer or employee is referred to by title,
such as "Clerk-Treasurer" or "Health Officer," such reference shall
be construed as if followed by the term "of the Village of Mount Pleasant,
Wisconsin."
The term "owner," as applied to a building or land, shall
include any part owner, joint owner, tenant in common, tenant in partnership,
joint tenant or tenant by the entirety of the whole or of a part of
such building or land.
The term "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.
The term "personal property" shall include every species
of property, except real property.
The terms "preceding" and "following" shall mean next before
and next after, respectively.
The term "property" shall include real, personal and mixed
property.
The term "real property" shall include lands, tenements,
hereditaments and all rights and interests thereto and therein.
The term "shall" shall be construed as being mandatory.
The term "sheriff" shall be construed as if followed by the
term "of Racine County, Wisconsin."
The term "state" shall mean the State of Wisconsin.
The term "street" shall include any highway, court, street,
avenue, boulevard, road, alley, lane or viaduct in the Village, dedicated
or devoted to public use.
The terms "tenant" and "occupant," When applied to a building
or land, shall include any person holding a written or oral lease
thereof or who occupies the whole or part of such building or land,
either alone or with others.
Terms used in the past or present tense include the future
as well as the past and present.
The term "village" shall mean the Village of Mount Pleasant,
Wisconsin.
All references to the terms "Wisconsin Statutes" and "Wis.
Stats." mean the current edition of the Wisconsin Statutes and includes
the most recent biennial session as any statutes amended.
The terms "written" and "in writing" shall include any representation
of terms, letters or figures, whether by printing, fax, e-mail or
otherwise.
The term "year" shall mean a calendar year unless otherwise
expressed.
The catchlines of the several sections of this Code printed
in boldface type are intended as mere catchwords to indicate the contents
of the sections and shall not be deemed or taken to be titles of such
sections, nor as any part of the sections, nor, unless expressly so
provided, shall they be so deemed when any such sections, including
the catchlines, are amended or reenacted.
The history notes appearing in parentheses after sections of
this Code are not intended to have any legal effect, but are merely
intended to indicate the source of matter contained in the sections.
All references to chapters or sections are to the chapters and
sections of this Code unless otherwise specified.
References and editor's notes following certain sections
of this Code are inserted as an aid and guide to the reader and are
not controlling, nor meant to have any legal effect.
[Code 1993, § 25.06]
(a)Â
The repeal or amendment of any section or provision of this Code,
or of any other ordinance or resolution of the Village Board, shall
not:
(1)Â
By implication, be deemed to revive any ordinance not in force or
existing at the time such repeal or amendment takes effect.
(2)Â
Affect any vested right, privilege, obligation or liability acquired,
accrued or incurred under any enactment so repealed or amended unless
the privilege of repealing such obligation or privilege has been reserved
by the Village.
(3)Â
Affect any offense committed, or penalty or forfeiture incurred previous
to the time when any ordinance is repealed or amended, except when
any forfeiture or penalty has been mitigated by the provisions of
any ordinance, such provisions shall apply to and control any judgment
to be pronounced after such ordinance takes effect for any offense
committed before that time.
(4)Â
Affect any prosecution for any offense, or the levy of any penalty
or forfeiture pending at the time when any ordinance is repealed or
amended, but the right of action shall continue and the offender shall
be subject to the penalty as provided in such ordinance, and such
prosecution shall proceed, in all respects, as if such ordinance had
not been repealed, except all such proceedings had after the time
this Code takes effect shall be conducted according to the provisions
of this Code.
[Code 1993, § 25.05]
(a)Â
All ordinances heretofore adopted by the Village Board are hereby
repealed, except all ordinances or parts of ordinances relating to
the following subjects and not conflicting with any of the provisions
of this Code:
(1)Â
Any offense or act committed or done or any penalty or forfeiture
incurred before the effective date of this Code.
(2)Â
Any ordinance promising or guaranteeing the payment of money for
the Village or authorizing the issuance of bonds or notes of the Village,
any evidence of the Village's indebtedness, or any contract,
right, agreement, lease, deed or other instrument or obligation assumed
by the Village.
(3)Â
Any administrative ordinances of the Village not in conflict or inconsistent
with the provisions of this Code, including, but not limited to, letting
contracts without bids and releasing persons from liability.
(4)Â
Any ordinance dedicating or accepting any plat or subdivision in
the Village.
(5)Â
Any ordinance annexing or excluding territory, or extending the boundaries
of the Village.
(6)Â
Any ordinance establishing positions, classifying positions or setting
salaries of Village officers and employees, or any personnel regulations.
(7)Â
Any temporary or special ordinance, including, but not limited to,
the joint sewage agreement and related contracts.
(8)Â
Any ordinance calling an election.
(9)Â
Any ordinance authorizing street maintenance agreements.
(10)Â
Any ordinance regarding the lighting of streets and alleys.
(11)Â
Any ordinance naming public grounds and parks.
(12)Â
Any ordinance regarding the establishment of wards, ward boundaries,
aldermanic districts, aldermanic district boundaries and election
precincts.
(13)Â
Any charter ordinance unless repealed by a charter ordinance.
(14)Â
Any ordinance releasing persons from liability.
(15)Â
The Village's schedules of fees and charges.
(16)Â
Any currently effective resolutions.
(b)Â
All such ordinances are recognized as continuing in full force and
effect to the same extent as if set out at length in this Code. All
ordinances are on file in the Clerk-Treasurer's office.
The provisions appearing in this Code, as far as they are the
same as those of the Code of the Village of Mount Pleasant, Wisconsin,
and of ordinances existing at the time of adoption of this Code, shall
be considered as a continuation thereof and not new enactments.
Nothing in this Code or the ordinance adopting this Code shall
affect any offense or act committed or done, or any penalty or forfeiture
incurred, or any contract or right established or accruing before
the effective date of this Code.
[Code 1993, § 25.03]
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 in this
Code, and the Clerk-Treasurer shall file, deposit and keep in his
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-Treasurer's office hours, subject
to such orders or regulations which the Clerk-Treasurer may prescribe
for preservation of such materials.
[Code 1993, § 25.02]
(a)Â
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.
(b)Â
Separability of provisions. If any section, subsection, sentence,
clause or phrase of this 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 or phrase, or portion thereof.
The Village Board hereby declares that it would have passed this Code
and each section, subsection, sentence, clause or phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases, or portions thereof, may be declared
invalid or unconstitutional.
[Code 1993, § 25.08]
As each ordinance or resolution affecting this Code becomes
effective, the Clerk-Treasurer shall forward such ordinance or resolution
to the revisor, who shall incorporate it into the Code. The revisor
shall make no substantive changes to such ordinances and resolutions,
but may renumber, rearrange and edit them without first submitting
them to the Village Board, and such rearranging, renumbering and editing
shall not affect the validity of such ordinances and resolutions or
the provisions of this Code affected thereby.
(a)Â
By contract or by Village personnel, supplements to this Code shall
be prepared and printed whenever authorized or directed by the Village
Board. A supplement to this Code shall include all substantive permanent
and general parts of ordinances passed by the Village Board or adopted
by initiative and referendum during the period covered by the supplement
and all changes made thereby in this Code, and shall also include
all Charter ordinances adopted or amended during the period. The pages
of a supplement shall be numbered so that they will fit properly into
the Code and will, where necessary, replace pages which have become
obsolete or partially obsolete, and the new pages shall be prepared
so that, when they have been inserted, the Code will be current through
the date of the adoption of the latest ordinance included in the supplement.
(b)Â
In preparing a supplement to this Code, all portions of the Code
which have been repealed shall be excluded from the Code by the omission
thereof from reprinted pages.
(c)Â
When preparing a supplement to this Code, the codifier (meaning the
person, agency or organization authorized to prepare the supplement)
may make formal, nonsubstantive changes in ordinances and parts of
ordinances included in the supplement, insofar as it is necessary
to do so to embody them into a unified Code. For example, the codifier
may:
(1)Â
Organize the ordinance material into appropriate subdivisions;
(2)Â
Provide appropriate catchlines, headings and titles for sections
and other subdivisions of the Code printed in the supplement, and
make changes in catchlines, headings and titles;
(3)Â
Assign appropriate numbers to sections and other subdivisions to
be inserted in the Code and, where necessary to accommodate new material,
change existing section or other subdivision numbers;
(4)Â
Change the term "this ordinance," or terms of the same meaning, to
"this chapter," "this article," "this division," etc., as the case
may be, or to "sections_____ through_____," inserting section numbers
to indicate the sections of the Code which embody the substantive
sections of the ordinance incorporated into the Code; and
(5)Â
Make other nonsubstantive changes necessary to preserve the original
meaning of ordinance sections inserted into the Code, but in no case
shall the codifier make any change in the meaning or effect of ordinance
material included in the supplement or already embodied in the Code.
[Code 1993, § 25.04]
(a)Â
Except as otherwise provided, any person who shall violate any of
the provisions of this Code shall, upon conviction of such violation,
be subject to a penalty as follows:
(1)Â
First offense. Any person who shall violate any provision of this
Code shall, upon conviction thereof, forfeit not less than $50, 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)Â
Second offense. Any person found guilty of violating any ordinance
or part of an ordinance of this Code, who has previously been convicted
of a violation of the same ordinance within one year, shall, upon
conviction thereof, forfeit not less than $100, nor more than $500,
for each such offense, together with the 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 are paid, but not
exceeding six months.
(b)Â
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)Â
Whenever any person fails to pay any 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.
[Amended 1-9-2012 by Ord.
No. 01-2012]
(a)Â
Pursuant to Wis. Stats. § 66.013, in addition to law enforcement
officers, the following Village officials and their designees are
authorized to issue citations for ordinance violations directly related
to their official responsibilities:
(b)Â
The form of the citation issued under this section shall include
all of the information required by Wis. Stats. § 800.02.
[Ord. No. 6-2008, 6-9-2008; amended 1-9-2012 by Ord. No. 01-2012]
(a)Â
Delinquent charges. All engineering, paving and other charges for
services provided by the Village shall be invoiced by the Village
of Mount Pleasant promptly, and shall include notice of late payment
penalty. Any customer who fails to pay such invoices within a thirty-day
period shall pay a penalty as authorized at 1Â 1/2% cumulative
interest rate per month (prorated from 30 days after the date of the
original invoice).
(b)Â
Notice of delinquency. The Village of Mount Pleasant Finance Department
will give notice not later than October 15th of each year to the owner/developer
of such lot(s) or subdivision in the Village to which the Village
has furnished services prior to October 1st of that year for which
payment is owed and in arrears at the time of giving the notice.
(1)Â
The notice shall state the amount in arrears, including any penalty
assessed pursuant to the ordinance; and that unless the amount is
paid by November 1st, an administrative charge of $75 will be added.
Unless the amount in arrears and any added penalty are paid by November
15th, the amount in arrears and any added penalty will be levied on
the tax roll as a special charge against the lot or a parcel of real
estate to which service was furnished and for which payment is delinquent.
(c)Â
Certificate of delinquency. On November 16th, or as soon thereafter
as is practicable, the finance department shall provide the Village
Clerk-Treasurer a list of all lots or parcels of real estate (giving
the legal description of each) and/or developers or individuals for
which notice of arrears has been made; and any added charges given
with respect to any added unpaid arrearage, stating the amount of
arrearage and added administrative charge of $75.
(d)Â
The Village Clerk-Treasurer shall insert the total delinquent amount
including an added administrative charge of $75 as a special charge
against the lot or parcel of real estate. The Village shall thereafter
take reasonable actions to collect the delinquent amounts, including
interest. Upon collection of any delinquent amounts, including interest,
the Village shall promptly pay such amounts due to our current consulting
engineer.