[Adopted 3-14-2022 by Ord. No. 3142022]
The following rules or meanings shall be applied in the construction
and interpretation 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. 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 Village of Bear Creek, unless the
context of the section clearly indicates otherwise.
C. 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.
D. Fine.
The term "fine" shall be the equivalent of the word "forfeiture,"
and vice versa.
E. Gender.
Every word in these ordinances referring to the masculine gender shall
also be construed to apply to females, and vice versa.
F. 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.
G. 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 or other persons.
H. 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.
I. 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is itself repealed, such repeal shall not be construed to revive the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.
J. 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 referred to a plural number
shall also be construed to apply to one person or thing.
K. Tense.
The use of any verb in the present tense shall not preclude the interpretation
of the verb in the future tense where appropriate.
L. 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.
M. 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.
N. Village.
The term "Village" shall mean the Village of Bear Creek, Outagamie
County, Wisconsin.
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 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 Clerk imposes for the preservation of the material.
[Adopted 3-14-2022 by Ord. No. 3142022]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Bear Creek of a general and permanent nature adopted by the Village Board of the Village of Bear Creek, as revised and codified and consisting of Chapters
1 through
390, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Village of Bear Creek, hereinafter referred to as the "Code." This ordinance and the Code adopted hereby shall supersede and replace the 1986 Code of Ordinances, as amended and supplemented.
The Clerk-Treasurer of the Village of Bear Creek 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 Village Clerk-Treasurer as provided in §
1-7 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 Village of Bear
Creek 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 §
1-10 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 May 10, 2021.
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 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. 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 Village.
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 Village of Bear Creek to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to a penalty as provided in §
1-4 of the Code.
This ordinance shall take effect upon final passage and publication
or posting as provided by law.