[HISTORY: Adopted by the City Council of the City of Amery
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-6-2004 as
§§ 1-1-2, 1-1-3, 1-1-4, 1-1-5, 1-1-7 and 1-1-8 of the
2004 Code of Ordinances]
The following rules or meanings shall be applied in the construction
and interpretation of ordinances codified in this Code of Ordinances
unless such application would be clearly inconsistent with the plain
meaning or intent of the ordinances:
A.
Acts
by agents. When an ordinance requires that an act be done by a person
which may be legally performed by an authorized agent of that principal
person, the requirement shall be construed to include all acts performed
by such agents.
B.
City.
The term "City" shall mean the City of Amery, Polk County, Wisconsin.
C.
Code
and Code of Ordinances. The words "Code," "Code of Ordinances" and
"Municipal Code" when used in any section of this Code shall refer
to this Code of Ordinances of the City of Amery unless the context
of the section clearly indicates otherwise.
D.
Computation
of time. In computing any period of time prescribed or allowed by
these ordinances, the day of the act or event from which the period
of time begins to run shall not be included, but the last day of the
period shall be included, unless it is a Saturday, a Sunday or a legal
holiday. If the period of time prescribed or allowed is less than
seven days, Saturdays, Sundays and legal holidays shall be excluded
in the computation. As used in this subsection, "legal holiday" means
any statewide legal holiday specified by state law.
E.
Fine.
The term "fine" shall be the equivalent of the word "forfeiture,"
and vice versa.
F.
Gender.
Use has been made of masculine pronouns in these ordinances solely
for the sake of brevity. Unless specifically stated to the contrary,
this Code of Ordinances is gender neutral and words in these ordinances
referring to the masculine gender shall also be construed to apply
to females, and vice versa.
G.
General
rule. All words and phrases shall be construed according to their
plain meaning in common usage. However, words or phrases with a technical
or special meaning shall be understood and construed according to
that technical or special meaning if such is the intent of the ordinances.
H.
Joint
authority. All words purporting to give a joint authority to three
or more City officers or employees shall be construed as giving such
authority to a majority of such officers or other persons.
I.
Officers.
The term "officers" shall refer solely to local offices created by
state statute.
J.
Officials.
The term "officials" shall mean all City officers and employees.
K.
Person.
The word "person" shall mean any of the following entities: natural
persons, corporations, partnerships, associations, bodies politic
or any other entity of any kind which is capable of being sued.
L.
Repeal.
When any ordinance having the effect of repealing a prior ordinance
is itself repealed, such repeal shall not be construed to revive the
prior ordinance or any part thereof, unless expressly so provided.
M.
Singular
and plural. Every word in these ordinances referring to the singular
number only shall also be construed to apply to several persons or
things, and every word in these ordinances referring to a plural number
shall also be construed to apply to one person or thing.
N.
Tense.
The use of any verb in the present tense shall not preclude the interpretation
of the verb in the future tense where appropriate.
O.
Wisconsin
Statutes. The term "Wisconsin Statutes" and its abbreviation as "Wis.
Stats." shall mean, in these ordinances, the Wisconsin Statutes as
of the adoption of this Code, as amended or renumbered from time to
time.
[Amended 2-3-2021 by Ord. No. 1-2021]
P.
Wisconsin
Administrative Code. The term "Wisconsin Administrative Code" and
its abbreviation as "Wis. Adm. Code" shall mean the Wisconsin Administrative
Code as of the adoption of this Code, as amended or renumbered from
time to time.
A.
If
the provisions of different chapters conflict with each other, the
provisions of each individual chapter shall control all issues arising
out of the events and persons intended to be governed by that chapter.
B.
If
the provisions of different sections of the same chapter conflict
with each other, the provision which is more specific in its application
to the events or persons raising the conflict shall control over the
more general provision.
If any provision of this Code of Ordinances 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 provisions of these ordinances.
A.
Code.
The Code of Ordinances, City of Amery, Wisconsin shall take effect
as provided by state law.
B.
Subsequent
ordinances. All ordinances passed by the City Council subsequent to
the adoption of the Code of Ordinances, except when otherwise specifically
provided, shall take effect from and after their publication.
A.
General
penalty. Except where a penalty is provided elsewhere in this Code
of Ordinances, 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. Any person who shall violate any provision of this
Code shall, upon conviction thereof, forfeit not less than $25 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. 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 $50 nor more than $1,000
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 City from maintaining any appropriate action to prevent or remove
a violation of any provision of this Code.
C.
Other
remedies. The City shall have any and all other remedies afforded
by the Wisconsin Statutes in addition to the forfeitures and costs
of prosecution above.[1]
[1]
Editor's Note: The following original sections of the 2004
Code of Ordinances: Sec. 1-1-7(d), regarding court authority to impose
alternative juvenile dispositions and sanctions; Sec. 1-1-7(e), regarding
juvenile disposition alternatives for alcohol/drug offenses; Sec.
1-1-7(f), regarding dispositional alternatives for other ordinance
violations; and Sec. 1-1-7(g), regarding violation of juvenile dispositional
orders, which immediately followed this subsection, were repealed 2-3-2021 by Ord. No. 1-2021.
[Amended 7-10-2019 by Ord. No. 13-2019]
Whenever any standard code, rule, regulation, statute or other
written or printed matter is adopted by reference, it shall be deemed
incorporated in this Code as if fully set forth herein and the City
Administrator/Clerk-Treasurer shall maintain in his/her office a copy
of any such material as adopted and as amended from time to time.
Materials on file at the City Administrator/Clerk-Treasurer's office
shall be considered public records open to reasonable examination
by any person during the office hours of the City Administrator/Clerk-Treasurer
subject to such restrictions on examination as the City Administrator/Clerk-Treasurer
imposes for the preservation of the material.
[Adopted 2-3-2021 by Ord. No. 1-2021]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of Amery of a general and permanent nature adopted by the City Council of the City of Amery, as revised and codified and consisting of Chapters 1 through 450, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the City of Amery, 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 2004 Code of Ordinances, as amended and supplemented.
A.
In
accordance with § 66.0103, Wis. Stats., a copy of the Code
has been filed in the office of the City Administrator/Clerk-Treasurer
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 City Administrator/Clerk-Treasurer.
B.
Additions
or amendments to the Code, when adopted in such form as to indicate
the intent of the City Council to make them a part thereof, shall
be deemed to be incorporated into such Code so that reference to the
"Code of the City of Amery" shall be understood and intended to include
such additions and amendments.
The Administrator/Clerk-Treasurer of the City of Amery 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 City Administrator/Clerk-Treasurer as provided in § 1-8 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.
A.
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 City of Amery
which is not in conflict with the provisions of the Code shall be
deemed to remain in full force and effect.
B.
The following have been excluded from the Code and are specifically
repealed:
The adoption of this Code and the repeal of ordinances provided for in § 1-11 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 December 2, 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 City'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.
O.
Any charter ordinances.
P.
Any ordinance or portion of an ordinance establishing or amending
a specific fee amount for any license, permit or service obtained
from the City.
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.
A.
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 City Council 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.
B.
In accordance with § 66.0103, Wis. Stats., the Code of
the City of Amery, on file in the office of the City Administrator/Clerk-Treasurer,
is adopted and incorporated by reference, including the revisions
set forth in Schedule A[1] 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]
Editor's Note: In accordance with § 1-13B, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article II. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 2-3-2021 by Ord. No. 1-2021." Schedule A, which contains a complete description of all changes, is on file in the City offices.
C.
Nomenclature changes.
(1)
Throughout the Code, the terms "Board of Appeals" and "Board of Zoning
Appeals" are amended to read "Zoning Board of Appeals"; "Chairman"
is amended to read "Chairperson"; "Planning Commission" is amended
to read "Plan Commission"; "Common Council" is amended to read "City
Council"; the terms "Clerk" and "Treasurer" (when referencing the
City Clerk-Treasurer), "City Clerk-Treasurer," and "City Administrator"
are amended to read "City Administrator/Clerk-Treasurer."
(2)
Throughout Chapter 163, Alcoholic Beverages, the term "alcohol beverages" is amended to read "alcoholic beverages."
(4)
Throughout Chapter 249, Health and Sanitation, the term "natural lawn" is amended to read "natural landscape."
A.
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.
B.
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.
It shall be unlawful for anyone to change, alter or tamper with the Code in any manner which will cause the laws of the City of Amery to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to a penalty as provided in § 1-5 of the Code.
This ordinance shall take effect upon final passage and publication
or posting as provided by law.
