[HISTORY: Adopted by the Town Board of the Town of Arbor
Vitae as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-9-1996 by Res.
No. 1-96]
The Town electors of the Town of Arbor Vitae do hereby authorize
the Town Board to exercise village powers pursuant to §§ 60.10(c)
and 60.23(3) of the Wisconsin Statutes. Exercise of village powers
was authorized at the Annual Town Meeting on April 8, 1958, minutes
being attached. This article acts as a reconfirmation of authorization
in the form of a written resolution.
[Adopted 4-16-2019 by Res. No. 1-19]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Town of Arbor Vitae of a general and permanent nature adopted by the Town Board of the Town of Arbor Vitae, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters
1 through
325, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Arbor Vitae," hereinafter referred to as the "Code."
This article 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 article, 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 Town
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 article, and, if this
article shall be adopted, such copy shall be certified to by the Town
Clerk, and such certified copy shall remain on file in the office
of said Town 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 Town Board to make them a part thereof, shall be deemed to
be incorporated into such Code so that reference to the "Code of the
Town of Arbor Vitae" 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 Town of Arbor Vitae, pursuant to law, shall
cause to be published, in the manner required by law, a notice of
the adoption of this article. 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 article, 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 Town 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 Town 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 Town of Arbor Vitae to be misrepresented thereby. Anyone
violating this section or any part of this article 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 article 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. All ordinances or parts of ordinances inconsistent with the provisions
contained in the Code adopted by this article are hereby repealed;
provided, however, that such repeal shall only be to the extent of
such inconsistency, and any valid legislation of the Town of Arbor
Vitae which is not in conflict with the provisions of the Code shall
be deemed to remain in full force and effect.
B. Repeal of specific enactments. The Town Board of the Town of Arbor
Vitae has determined that the following legislation is no longer in
effect and hereby specifically repeals the following legislation:
(1) Mobile Homes: Licensing of Mobile Home Parks.
(2) Res. No. 2, 7-14-1950, Alcohol Beverages: Limits on Sales.
(3) Ord. No. 3, 9-2-1949, Circuses, Carnivals and Shows.
(4) Ord. No. 4, Hunting: Licensing of "Turkey Shoot."
(5) Ord. No. 5, 5-6-1957, Lakes and Waterways: Houseboats Prohibited.
(6) 7-1-1959, Alcohol Beverages: Closing Time for Taverns.
(7) Ord. No. 1-60, 10-5-1960, Firearms and Weapons: Discharge in Municipal
Garbage Disposal Area.
(8) Ord. No. 7, 3-4-1964, Alcohol Beverages: Limits on Sales Amendment.
(9) Ord. No. 8, 4-1-1964, Alcohol Beverages: Taverns Open on Election
Days.
(10) Ord. No. 1-69, 4-2-1969, Gas Code.
(11) 6-4-1975, Gas Code Amendment.
(12) Ord. No. 1-75, 1975, Elections: Registration of Electors.
(13) Ord. No. 1-82, 4-14-1982, Gas Code Amendment.
(14) Ord. No., 9-14-1983, Sewers: Holding Tanks.
The adoption of this Code and the repeal of ordinances provided for in §
1-13 of this article shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. Any ordinance adopted subsequent to August 16, 2018.
B. Any right or liability established, accrued or incurred under any
legislative provision prior to the effective date of this article
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 article 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 article
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 Town'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.
P. Any ordinance or portion of an ordinance establishing a specific
fee amount for any license, permit or service obtained from the Town.
Q. Any ordinance or portion of an ordinance establishing or amending
a deposit or bond schedule.
R. Ordinance No. 68, adopted 1-15-1963, regarding zoning.
S. Ordinance No. 2-1985, adopted 12-1-1985, regarding zoning.
T. Ordinance No. 1-94, adopted 1-12-1994, regarding zoning.
U. Ordinance No. 1-2000, adopted 4-5-2000, regarding zoning and land
use ratification.
A. In compiling and preparing the ordinances for publication as the Code of the Town of Arbor Vitae, 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 Town 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 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 article. (Chapter and section number
references are to the ordinances as they have been renumbered and
appear in the Code.)
C. Throughout the Code, references to specific chapters and sections
of the Wisconsin Statutes and Wisconsin Administrative Code are revised
to reflect the numbering of the statutes and Administrative Code as
of the publication of this Code.
This article shall take effect upon passage and publication
as required by law.