[Adopted 10-5-1995 as
Title 1, Ch. 1, §§ 1-1-2, 1-1-3 and 1-1-7, of the 1995
Code]
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 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."
"City" shall refer to the City of Colby, Clark and Marathon Counties,
Wisconsin.
C. "Code"
and "Code of Ordinances." The words "Code," "Municipal Code" and "Code
of Ordinances" when used in any section of this Code shall refer to
this Code of Ordinances of the City of Colby unless the context of
the section clearly indicates otherwise.
D. Computation
of time. In computing any period of time prescribed or allowed by
this Code, 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 City holiday designated
by the Common Council.
E. "Fine."
The term "fine" shall be the equivalent of the word "forfeiture,"
and vice versa.
F. Gender.
Every word in this Code referring to the masculine gender shall also
be construed to apply to females, and vice versa; the masculine gender
is used solely in the interest of brevity.
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. "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 this Code referring to the singular number
only shall also be construed to apply to several persons or things,
and every word in this Code referring to 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 this Code of Ordinances, the Wisconsin Statutes
as of the adoption of this Code, 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 this Code, as amended or renumbered from
time to time.
[Adopted 9-7-2021 by Ord. No. 1-2021]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of Colby of a general and permanent nature adopted by the Common Council of the City of Colby, as revised and codified and consisting of Chapters
1 through
480, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the City of Colby, 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 1995 Code of Ordinances, as amended and supplemented.
The Clerk of the City of Colby 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 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.
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.
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 Colby
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§
1-8 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 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, 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.
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.
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 Colby to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to a penalty as provided in§
1-3 of the Code.
This ordinance shall take effect upon final passage and publication
or posting as provided by law.