[Adopted 10-4-2005 as
§§ 25.01 to 25.04 and 25.08 of the 2005 Code of Ordinances]
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. All references to "Wisconsin Statutes" or "Wis. Stats."
shall mean 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)]
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 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.
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. 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.
As each ordinance or resolution affecting the Code becomes effective,
the City Clerk shall forward such ordinance or resolution to the revisor,
who shall incorporate them into the Code. The revisor shall make no
substantive changes to such ordinances and resolutions but may renumber,
rearrange and edit them without first submitting them to the Common
Council, and such rearranging, renumbering and editing shall not affect
the validity of such ordinances and resolutions or the provisions
of this Code affected thereby.
[Adopted 12-20-2023 by Ord. No. 13-2023]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the City of Sheboygan Falls of a general and permanent nature adopted by the Common Council of the City of Sheboygan Falls, as revised and codified and consisting of Chapters
1 through
365, are hereby approved, adopted, ordained and enacted as the Code of the City of Sheboygan Falls, 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 2005 Code of Ordinances, as amended and supplemented.
The Clerk of the City of Sheboygan Falls 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 §
1-7 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 City of Sheboygan
Falls 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 February 2, 2023.
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.
S. Any citation, prosecution, action, suit or other proceeding for ordinance
violations committed before or after the effective date of this ordinance
referring to either the new Code sections or to old Code sections
shall be valid, binding and enforceable. Traffic citations may include
an "F" notation, which is for internal record keeping purposes only
and in no way effects the enforceability of City Code violations.
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 Sheboygan Falls 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.