[HISTORY: Adopted by the Town Board of the Town of Rome as
indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 1, Secs. 1.01 and 1.02, of the prior Code]
These collected ordinances shall be known and referred to as
the "Code of Ordinances, Town of Rome, Adams County, Wisconsin" or
the "Town Code."
The following rules or meanings shall be applied in the construction
and interpretation of ordinances codified in the Town Code unless
such application would be clearly inconsistent with the plain meaning
or intent of the ordinances:
A.
When
an ordinance requires action 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.
The
words "Code," "Code of Ordinances" and "Municipal Code," when used
in any section of this Code, shall refer to this Code of Ordinances
unless the context of the section clearly indicates otherwise.
C.
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, in
which case, the last day shall be the following weekday. 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.
D.
Every
word in these ordinances referring to the masculine gender shall also
be construed to apply to females, and vice versa. The masculine gender
is used herein solely in the interest of brevity.
E.
All
words and phrases shall be construed according to the definitions
set forth in the chapters of this Code, if applicable; otherwise,
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.
F.
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itself repealed, such repeal shall not be construed to revive the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.
G.
Every
word in these ordinances referring to a 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.
H.
The
use of any verb in the present tense shall not preclude the interpretation
of the verb in the past or future tense, where appropriate.
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.
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 any amendments
thereto shall likewise be incorporated. The Town Clerk/Treasurer shall
maintain in his or her office a copy of any such material as adopted
and as amended from time to time.
A.
Except
where a penalty is provided elsewhere in the Town Code, any person
who shall violate any of the provisions of the Town 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 the Town Code shall, upon conviction thereof, forfeit a deposit
of not less than $25 nor more than $500, together with all applicable
costs and fees.
(2)
Second offense penalty. Any person who shall violate any provision
of the Town Code as a second or subsequent offense shall, upon conviction
thereof, forfeit a deposit of not less than $25 nor more than $1,000,
together with all applicable costs and fees.
B.
Continued
violations. Each violation and each day a violation continues or occurs
shall constitute a separate offense. Nothing in the Town Code shall
preclude the Town from maintaining any appropriate action to prevent
or remove a violation of any provision of the Town Code.
C.
Other
remedies. The Town shall have any and all other remedies afforded
by the Wisconsin Statutes in addition to the forfeitures and costs
of prosecution above. The Town may bring an action in the Circuit
Court for Adams County, Wisconsin, for the abatement of the offense
and an injunction prohibiting continued and/or future use of the premises,
property, etc. in a manner, which would violate the requirements of
the ordinance.
For the purpose of this Code, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
If not defined herein, the word, term or phrase shall have the definition
commonly accepted including a relevant definition contained in the
Wisconsin Statutes. When not inconsistent with the context, the words
used in the present tense include the future, words in the plural
number include the singular number and words in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory:
Includes a corporation, firm partnership, association, organization
and any other group acting as a unit as well as individuals, including
a personal representative, receiver or other representative appointed
according to law. Whenever the term "person" is used in any section
of this Code prescribing a penalty or fine, as to partnerships or
associations, the work shall include the partners or members thereof,
and as to corporations, shall include the officers, agents or members
thereof who are responsible for any violation of such section.
The Town of Rome, Adams County, Wisconsin, or any duly appointed
designate thereof, including, but not limited to, the Town Board and
Town committees.
The present governing body of the Town or any successors
to the legislative power of said body, or any duly appointed designate
thereof.
[Adopted 4-16-2020 by Ord. No. 20-03]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Town of Rome of a general and permanent nature adopted by the Town Board of the Town of Rome, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 360, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Rome," 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 Town
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 Town Clerk/Treasurer, and such certified copy shall remain
on file in the office of said Town 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 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 Rome" 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 Town of Rome, 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 Town 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 Town Clerk/Treasurer or an authorized agent of
the Clerk/Treasurer upon the payment of a fee to be set by the Town
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 Town of Rome 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 § 1-5 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.
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 Town
of Rome which is not in conflict with the provisions of the Code shall
be deemed to remain in full force and effect.
The adoption of this Code and the repeal of ordinances provided for in § 1-18 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 12, 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 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 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 Town.
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 compiling and preparing the ordinances for publication as the
Code of the Town of Rome, 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 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.
C.
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 ordinance.[1]
[1]
Editor's Note: In accordance with § 1-21C, the sections which were amended, added or deleted by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Art. II. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 4-16-2020." Schedule A, which contains a complete description of all changes, is on file in the town offices.
This ordinance shall take effect upon passage and publication
as required by law.
