[HISTORY: Adopted by the Village Board of the Village of Mishicot as indicated in article histories. Amendments noted where applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
In the construction of this Code, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the ordinance:
A. 
Wisconsin Statutes and Administrative Code. All references to "Wisconsin Statutes" or "Wis. Stats." mean the Wisconsin Statutes as of the adoption of this Code and as they may be amended from time to time. All references to "Wisconsin Administrative Code" or "Wis. Adm. Code" mean the Wisconsin Administrative Code as of the adoption of this Code and as it may be amended from time to time.
B. 
Gender; singular and plural. Every word in this Code 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 that 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 to 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.
E. 
Tense. The use of any verb in the present tense shall not preclude the interpretation of the verb in the future tense, where appropriate.
F. 
Shall and may. The word "shall" is mandatory; the word "may" is discretionary.
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. Any person who shall violate any provision of this Code shall, upon conviction thereof, forfeit not less than $25 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.
(2) 
Second offense. 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, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until such forfeiture and costs of prosecution are paid, but not exceeding six 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. 
Other remedies. The Village shall have any and all other remedies afforded by the Wisconsin Statutes in addition to the forfeitures and costs of prosecution above.
[Adopted 12-21-2021 by Ord. No. 12-21-2021]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Mishicot of a general and permanent nature adopted by the Village Board of the Village of Mishicot, as revised and codified and consisting of Chapters 1 through 395, are hereby approved, adopted, ordained and enacted as the Code of the Village of Mishicot, 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 former Municipal Code, 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-Treasurer 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-Treasurer.
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 Mishicot" shall be understood and intended to include such additions and amendments.
The Clerk-Treasurer of the Village of Mishicot 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 § 1-4 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 Mishicot which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B. 
The following have been excluded from the Code and are specifically repealed:
(1) 
Section 1.065 of the former Code providing for the Village Board to serve as the Board of Appeals.
(2) 
Section 6.07, Littering streets, etc., prohibited, of the former Code, adopted April 1, 2010.
(3) 
Section 7.16, Possession and sale of synthetic cannabinoids, of the former Code, adopted February 15, 2011.
(4) 
Section 9.02, Police Department: duties and powers, of the former Code, adopted May 6, 2008.
(5) 
Chapter 16, Community Antenna Television System, of the former Code, adopted June 19, 1984.
(6) 
The Utility Accommodation Policy adopted August 7, 2007.
The adoption of this Code and the repeal of ordinances provided for in § 1-7 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 1, 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. 
Throughout the Code, references to the Village Clerk and Village Treasurer are amended to read "Clerk-Treasurer"; the term "Chairman" is amended to read "Chairperson"; and the term "alcoholic beverages" is amended to read "alcohol beverages."
C. 
In accordance with § 66.0103, Wis. Stats., the Code of the Village of Mishicot, on file in the office of the Village Clerk-Treasurer, 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 § 1-9C, 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 Township 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.