[HISTORY: Adopted by the Village Board of the Village of
Monticello as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Title 1, Ch. 1, of the 1989 Code of Ordinances]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
These collected ordinances shall be known and referred to as
the "Code of the Village of Monticello, Wisconsin."
The following rules or meanings shall be applied in the construction
and interpretation of ordinances codified in the Code of the Village
of Monticello unless such application would be clearly inconsistent
with the plain meaning or intent of the ordinances:
A.
Acts
by agents. When an ordinance requires 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.
Village.
"Village" shall refer to the Village of Monticello, Green County,
Wisconsin.
C.
Code.
The words "Codes," "Municipal Code" and "Code of Ordinances," when
used in any section of the Code of the Village of Monticello, shall
refer to the Code of the Village of Monticello unless the context
of the section clearly indicates otherwise.
D.
Computation
of time. In computing any period of time prescribed or allowed by
the Code of the Village of Monticello, 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 section, "legal holiday"
means any statewide legal holiday specified by state law and any other
Village holiday designated by the Village Board.
E.
Fine.
The term "fine" shall be the equivalent of the words "forfeiture"
or "bond" and vice versa.
F.
Gender.
Use has been made of masculine pronouns in the Code of the Village
of Monticello solely for the sake of brevity. Unless specifically
stated to the contrary, the Code of the Village of Monticello is gender
neutral, and words in this Code and ordinances adopted by the Village
referring to the masculine gender shall be construed as gender-inclusive.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 ordinance.
H.
Joint
authority. All words purporting to give a joint authority to three
or more Village officers or employees shall be construed as giving
such authority to a majority of such officers of other persons.
I.
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.
J.
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.
K.
Singular
and plural. Every word in the Code of the Village of Monticello referring
to the singular number only shall also be construed to apply to several
persons or things, and every word in this Code referred to as a plural
number shall also be construed to apply to one person or thing.
L.
Tense.
The use of any verb in the present tense shall not preclude the interpretation
of the verb in the future tense where appropriate.
M.
Wisconsin
Statutes. The term "Wisconsin Statutes" and its abbreviation as "Wis.
Stats." shall mean, in the Code of the Village of Monticello, the
Wisconsin Statutes as of the adoption of the Code of the Village of
Monticello, as amended or renumbered from time to time.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
N.
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 the Code of the Village of Monticello,
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 the Code of the Village of Monticello 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 the Code
of the Village of Monticello.
A.
Code.
The Code of the Village of Monticello, Wisconsin, shall take effect
from and after passage and publication as provided by state law.
B.
Subsequent
ordinances. Ordinances passed by the Village Board subsequent to the
adoption of the Code of the Village of Monticello, except when otherwise
specifically provided, shall take effect from and after their publication.
A.
General
penalty. Except where a penalty is provided elsewhere in the Code
of the Village of Monticello, 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 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 Green County Jail until such forfeiture
and costs are paid, but not exceeding 90 days.
(2)
Second and subsequent offenses 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
$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 Green 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.
Other
remedies.
(1)
The Village shall have any and all other remedies afforded by the
Wisconsin Statutes in addition to the forfeitures and costs of prosecution
above.
(2)
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 said forfeiture and costs.
Whenever any standard code, rule, regulation, statute or other
written or printed matter is adopted by reference, it shall be deemed
incorporated in the Code of the Village of Monticello as if fully
set forth herein and the Village Clerk-Treasurer shall maintain in
his office a copy of any such material as adopted and as amended from
time to time. Materials on file at the Village Clerk-Treasurer's
office shall be considered public records open to reasonable examination
by any person during the office hours of the Village Clerk-Treasurer
subject to such restrictions on examination as the Village Clerk-Treasurer
imposes for the preservation of the material.
[Adopted 9-4-2019]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Monticello of a general and permanent nature adopted by the Village Board of the Village of Monticello, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 380, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Monticello," 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-Treasurer 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-Treasurer, and such certified copy shall remain
on file in the office of said Village Clerk-Treasurer 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 Monticello" 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-Treasurer of the Village of Monticello, 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-Treasurer 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-Treasurer, or someone
authorized and directed by the Clerk-Treasurer, to keep up-to-date
the certified copy of the Code required to be filed in the Clerk-Treasurer'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 Village Clerk-Treasurer or an authorized agent
of the Clerk-Treasurer upon the payment of a fee to be set by the
Village Board. The Clerk-Treasurer 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 Monticello to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a penalty as provided in § 1-6 of the Code.
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.
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 Monticello
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 Village Board of the Village of
Monticello has determined that the following ordinances are no longer
in effect and hereby specifically repeals the following legislation:
(1)
Title 1, General Provisions for the Use of Code Ordinances, Chapter 1, Use and Construction of Code of Ordinances, of the 1989 Code of Ordinances.
(2)
Title 7, Licensing and Regulation, Chapter 3, Pharmacists Permits;
Cigarette License, § 7-3-1, Pharmacists permits, of the
1989 Code of Ordinances.
(3)
Title 7, Licensing and Regulation, Chapter 5, Miscellaneous Business Licenses, § 7-5-1, Transient and temporary public entertainment, of the 1989 Code of Ordinances.
(4)
Title 7, Licensing and Regulation, Chapter 5, Miscellaneous Business Licenses, § 7-5-2, Pool and billiard halls and bowling alleys, of the 1989 Code of Ordinances.
(5)
Title 7, Licensing and Regulation, Chapter 9, Regulation of Nonmetallic
Mining, of the 1989 Code of Ordinances.
(6)
Title 7, Licensing and Regulation, Chapter 10, Amusement and Music
Devices, of the 1989 Code of Ordinances.
(7)
Ordinance No. 2017-0705, Amusement and Music Devices, adopted July
5, 2017.
The adoption of this Code and the repeal of ordinances provided for in § 1-19 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 April 3, 2019.
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.
Ordinances providing for local improvements or assessing taxes or
special assessments therefor.
K.
All currently effective ordinances pertaining to the rate and manner
of payment of salaries and compensation of officers and employees.
L.
Any legislation relating to or establishing a pension plan or pension
fund for municipal employees.
M.
Any ordinances adopting or amending the Zoning Map or otherwise rezoning
property.
N.
Any charter ordinances.
O.
Any ordinance or portion of an ordinance establishing or amending
a specific fee amount for any license, permit or service obtained
from the Village.
P.
Any ordinance or portion of an ordinance establishing or amending
a deposit or bond schedule.
Q.
Any ordinance or portion of an ordinance establishing or amending
rates or charges for water or sewer service.
R.
Title 1, General Provisions for Use of Code of Ordinances, Chapter
3, Village Ordinance Bond Schedule.
A.
In compiling and preparing the ordinances for publication as the
Code of the Village of Monticello, no changes in the meaning or intent
of such ordinances have been made, except as provided for in this
section. 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 changes are made throughout the Code:
(1)
References to specific chapters and sections of the Wisconsin Statutes
and Wisconsin Administrative Code are amended to reflect the numbering
of the statutes and Administrative Code as of the publication of this
Code.
(2)
"Board of Appeals," "Board of Zoning Appeals" and "Board of Adjustment/Appeals"
are changed to "Zoning Board of Appeals."
(3)
"Department of Agriculture" is changed to "Department of Agriculture,
Trade and Consumer Protection."
(4)
"Department of Commerce," "Department of Industry, Labor, and Human
Relations," "State Board of Health," and "Department of Health and
Social Services" are changed to "Department of Safety and Professional
Services."
(5)
"Department of Health and Family Services" is changed to "Department
of Health Services."
(6)
"Department of Development" and "Director of the Planning Function
in the Wisconsin Department of Development" are changed to "Wisconsin
Department of Administration."
(7)
"Soil Conservation Service" is changed to "Natural Resources Conservation
Service."
(8)
"Village Clerk" and "Village Treasurer" are changed to "Village Clerk-Treasurer."
(9)
"Comprehensive Development Plan" and "Master Plan" are changed to
"Comprehensive Plan."
(10)
"Land use permit" is changed to "zoning permit."
(11)
"Mobile home community" is changed to "mobile home 1."
(12)
"Registered land surveyor" is changed to "professional land surveyor."
(13)
"Residence district" is changed to "residential district."
(14)
"Variation" is changed to "variance."
(15)
"Zoning agency" is changed to "Plan Commission."
(16)
References to the "M-1" District are deleted so references cite only
the current I-1 District.
D.
The amendments and/or additions as set forth in Schedule A[1] 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.)
[1]
Editor's Note: In accordance with § 1-21D, 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) 9-4-2019." Schedule A, which contains a complete description of all changes, is on file in the Village offices.
This ordinance shall take effect upon passage and publication
as required by law.
