[HISTORY: Adopted by the Common Council of the City of Colby as indicated in article histories. Amendments noted where applicable.]
[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.
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.
A. 
General penalty. Except where a penalty is provided elsewhere in this Code, 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 $500, together with the costs of prosecution.
(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.
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.
(1) 
The City 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 City, 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.
[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.
A. 
In accordance with§ 66.0103, Wis. Stats., a copy of the Code has been filed in the office of the City Clerk 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 Clerk.
B. 
Additions or amendments to the Code, when adopted in such form as to indicate the intent of the Common 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 Colby" shall be understood and intended to include such additions and amendments.
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.
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 Colby, on file in the office of the City Clerk, is adopted and incorporated by reference, including the revisions set forth in Schedule A 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]
[1]
Editor's Note: In accordance with § 1-10B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article II. During routine supplementation, these histories will be replaced with the adoption date and number of this ordinance. Schedule A, which contains a complete description of all changes, is on file in the City offices.
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 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.