[HISTORY: Adopted by the Village Board of the Village of
Williams Bay as indicated in article histories. Amendments noted where
applicable.]
[Adopted as §§ 20.01, 20.02, 20.03 and 20.05
of the 2011 Code]
In the construction of this Code of General Ordinances, the
following rules shall be observed unless such construction would be
inconsistent with the manifest intent of the ordinance:
A.
Wisconsin
Statutes. All references to "Wisconsin Statutes" or "Wis. Stats."
mean the current edition of the Wisconsin Statutes and include the
most recent biennial session.
B.
Gender;
singular and plural. Every word in this Code and in any ordinance
imparting the masculine gender may extend and be applied to females
as well as males, and every word imparting the singular number only
may extend and be applied to several persons or things as well as
to one person or thing; provided, these rules of construction shall
not be applied to any provision which contains any express language
excluding such construction or when the subject matter or context
of such provision may be repugnant thereto.
C.
Person.
The word "person" extends and applies to natural persons, firms, corporations,
associations, partnerships or other bodies politic and all entities
capable of being sued, unless plainly inapplicable.
D.
Acts
of agents. When a provision requires an act to be done which may,
by law, as well be done by an agent as by the principal, such requirement
shall be construed to include all such acts when done by an authorized
agent.
A.
Conflict
of provisions. If the provisions of the different chapters of this
Code conflict with or contravene each other, the provisions of each
chapter shall prevail as to all matters and questions arising out
of the subject matter of such chapter.
B.
Severability
of Code provisions. If any section, subsection, sentence, clause or
phrase of the Code 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 section,
subsection, sentence, clause or phrase or portion thereof. The Board
hereby declares that it would have passed this Code and each section,
subsection, sentence, clause, phrase or portion thereof irrespective
of the fact that any one or more sections, subsections, sentences,
clauses, phrases or portions may be declared invalid or unconstitutional.
A.
Whenever
in this Code any standard, code, rule, regulation 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 Clerk shall file,
deposit and keep in his office a copy of the code, standard, rule,
regulation or other written or printed matter as adopted.
B.
Materials
so filed, deposited and kept shall be public records open for examination
with proper care by any person during the Clerk's office hours, subject
to such orders or regulations which the Clerk may prescribe for their
preservation.
A.
General
penalty. 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. Any person who shall violate any provision of this
Code shall, upon conviction thereof, forfeit not less than $5 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 county jail until such forfeiture and costs are paid, but not
exceeding 90 days. If a minor should default in payment of any forfeiture
and/or costs of prosecution, the driver's license of such minor shall
be suspended until such forfeiture and costs are paid, but not exceeding
30 days.
(2)
Second offense. Any person found violating any ordinance or part
of an ordinance of this Code who has previously been convicted of
a violation of the same ordinance within one year shall, upon conviction
thereof, forfeit not less than $10 nor more than $1,000 for each such
offense, together with the costs of prosecution, and in default of
payment of such forfeiture and costs, shall be imprisoned in the county
jail until such forfeiture and costs are paid, but not exceeding six
months. If a minor should default in payment of any forfeiture and/or
costs of prosecution, the driver's license of such minor shall be
suspended until such forfeiture and costs are paid, but not exceeding
three 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.
Execution
against defendant's property. Whenever any person fails to pay any
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 such forfeiture and costs.
D.
Schedule
of deposits and penalty assessments.
(1)
The State of Wisconsin Revised Uniform Traffic Deposit Schedule and
Alcoholic Beverages, Harassment and Safety Violations Deposit Schedule,
and Uniform Misdemeanor Bail Schedule and Trespass To Land Deposit
Schedule, including future amendments, revisions or modifications,
are adopted for all violations of state statutes adopted by this Code
and statutory counterpart ordinances adopted by this Code.
(2)
The forfeiture schedule shall be as established by the Municipal
Judge and approved by resolution of the Village Board which, in addition
to the costs of prosecution, constitute the schedule of cash deposits
for the ordinances listed therein. A copy of the forfeiture schedule
shall be on file with the Municipal Clerk, Police Department and Municipal
Court Clerk.[1]
[Amended 8-6-2018 by Ord.
No. 2018-7; at time of adoption of Code (see Ch.
1, General Provisions, Art. II)]
[Adopted 9-7-2021 by Ord. No. 2021-09]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Williams Bay of a general and permanent nature adopted by the Village Board of the Village of Williams Bay, 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 Williams Bay, 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 2011 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 Village 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 Village Clerk.
B.
Additions
or amendments to the Code, when adopted in such form as to indicate
the intent 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 Williams Bay" shall be understood and intended
to include such additions and amendments.
The Clerk of the Village of Williams Bay 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 as provided in § 1-6 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.
A.
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 Williams Bay which is
not in conflict with the provisions of the Code shall be deemed to
remain in full force and effect.
B.
The
following sections of the 2011 Code of of Ordinances have been excluded
from the 2021 Code and are specifically repealed:
The adoption of this Code and the repeal of ordinances provided for in § 1-9 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 21, 2020.
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.
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 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.
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 Village Board 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 Village of Williams Bay, on file in the office of the Village
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 § 1-11B, 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 Village offices.
C.
The following nomenclature changes are made in the Code:
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 Village of Williams Bay 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.
