Village of Gresham, WI General Provisions

[HISTORY: Adopted by the Village Board of the Village of Gresham as indicated in article histories. Amendments noted where applicable.]

Article I Construction and Penalties

[Adopted as §§ 25.01, 25.03 and 25.04 of the prior Code]

§ 1-1 Rules of construction.

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 ordinances:

Wisconsin Statutes. The term "Wisconsin Statutes," or "Wis. Stats.," wherever used in this Code, shall mean the current Wisconsin Statutes; the term shall include current session not yet printed in statute form.

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 provisions 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 be done as well by an agent as by the principal, such requisition shall be construed to include all such acts when done by an authorized agent.

§ 1-2 Village Clerk to file documents incorporated by reference.

Whenever, in this Code, any standard, code, rule, regulation or other written or printed matter, other than the Wisconsin Statutes or other sections of this Code, are adopted by reference, they shall be deemed incorporated in this Code as if fully set forth herein and the Village Clerk is hereby directed and required to 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's office hours, subject to such orders or regulations which the Clerk may prescribe for their preservation.

§ 1-3 Penalty provisions.

General penalty. Except as provided in Subsection B below, whenever so provided 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)

First offense, penalty. Any person who shall violate any provision of this Code subject to a penalty shall, upon conviction thereof, forfeit not less than $5 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 said forfeiture and costs are paid, but not exceeding 90 days.

(2)

Second 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 shall, upon conviction thereof, forfeit not less than $10 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 said forfeiture and costs of prosecution are paid, but not to exceed six months.

Penalty for minors. In the event proceedings are commenced against children aged 16 or older for violations of the Traffic Code of this Code, or children 14 years of age or older for other violations of this Code except the Traffic Code, the provisions of §§ 938.17(2), 938.237, 938.37, 938.343 and 938.344, Wis. Stats., shall be applicable.

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.

Execution against defendant's property. Whenever any person fails to pay any forfeiture and costs of prosecution upon the order of the 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 said forfeiture and costs.

Article II Adoption of Code

[Adopted 12-15-2020 by Ord. No. 2020-03]

§ 1-4 Code adopted; existing ordinances continued.

Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Gresham of a general and permanent nature adopted by the Village Board of the Village of Gresham, as revised and codified and consisting of Chapters 1 through 325, are hereby approved, adopted, ordained and enacted as the Code of the Village of Gresham, 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 prior Code of Ordinances, as amended and supplemented.

§ 1-5 Code on file; additions and amendments.

In accordance with § 66.0103, Wis. Stats., a copy of the Code has been filed in the office of the Village Clerk and made available for public inspection for not less than two weeks prior to adoption of this ordinance, and following adoption of this ordinance such copy shall be maintained and available for public inspection in the office of the Village Clerk.

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 Gresham" shall be understood and intended to include such additions and amendments.

§ 1-6 Notice; publication.

The Clerk of the Village of Gresham 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 § 1-5 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-7 Severability.

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.

§ 1-8 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 Gresham which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.

§ 1-9 Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-8 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

Any ordinance adopted subsequent to February 18, 2020.

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, naming, 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.

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 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.

Any ordinances adopting or amending the Zoning Map or otherwise rezoning property.

Any charter ordinances.

Any ordinance or portion of an ordinance establishing or amending a specific fee amount for any license, permit or service obtained from the Village.

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 or sewer service.

§ 1-10 Changes in previously adopted ordinances; new ordinances.

In preparing the revision and codification of the ordinances, certain minor grammatical and nonsubstantive changes were made in one or more of said ordinances, and references to state statutes and regulations were updated to reflect the numbering and titles of the statutes and regulations as of the publication of this Code. It is the intention of the Village Board that all such changes be adopted as part of the Code as if the ordinances so changed had been formally amended to read as such.

In accordance with § 66.0103, Wis. Stats., the Code of the Village of Gresham, on file in the office of the Village Clerk, is adopted and incorporated by reference, including the revisions set forth in Schedule A attached hereto and made a part hereof. (Chapter and section number references in Schedule A are to the ordinances as they have been renumbered and appear in the Code.)[1]

[1]

Editor’s Note: In accordance with § 1-10B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 12-15-2020 by Ord. No. 2020-03." Schedule A, which contains a complete description of all changes, is on file in the Village offices.

§ 1-11 Titles and headings; editor's notes.

Chapter and article titles, headings and titles of sections and other divisions of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.

Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.

§ 1-12 Altering or tampering with Code; violations and penalties.

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 Gresham to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to a penalty as provided in § 1-3 of the Code.

§ 1-13 When effective.

This ordinance shall take effect upon final passage and publication or posting as provided by law.