[HISTORY: Adopted by the Town Board of the
Town of Woodruff as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-11-1986 as Ch. 25 of the 1986 Code; amended
in its entirety 4-22-2008]
The following rules or meanings shall be applied
in the construction and interpretation of ordinances codified in this
Code unless such application would be clearly inconsistent with the
plain meaning or intent of the ordinance:
A. Acts by agents. When an ordinance requires an act
to 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. The word "Code" when used in any section of
this Code shall refer to the Code of the Town of Woodruff 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
gender shall be gender neutral.
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 ordinance.
G. 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.
H. 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a prior ordinance is itself repealed, such repeal shall not be construed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.
I. 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 referring
to the plural number shall also be construed to apply to one person
or thing.
J. Tense. The use of any verb in the present tense shall
not preclude the interpretation of the verb in the future tense where
appropriate.
K. Town. The term "Town" shall mean the Town of Woodruff,
Oneida County, Wisconsin.
L. 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.
M. 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.
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. Any person who shall violate any provision
of this Code shall, upon conviction thereof, forfeit not less than
$50 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 $100 nor
more than $2,000 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 Town from maintaining any
appropriate action to prevent or remove a violation of any provision
of this Code.
C. Other remedies. The Town of Woodruff shall have any
and all other remedies afforded by the Wisconsin Statutes in addition
to the forfeitures and costs of prosecution above.
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 Town Clerk shall maintain in his/her office a copy
of any such material as adopted and as amended from time to time.
Materials on file at the Town Clerk's office shall be considered public
records open to reasonable examination by any person during the office
hours of the Town Clerk, subject to such restrictions on examination
as the Clerk imposes for the preservation of the material.
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Town of Woodruff of a general and permanent nature adopted by the Town Board of the Town of Woodruff, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters
1 through
435, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Woodruff," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede
all other general and permanent ordinances enacted prior to the enactment
of this Code, except such ordinances as are hereinafter expressly
saved from repeal or continued in force.
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, and
the effectiveness of such provisions shall date from the date of adoption
of the prior ordinances.
A copy of the Code has been filed in the office
of the Town Clerk and shall remain there for use and examination by
the public for at least two weeks, in accordance with § 66.0103,
Wis. Stats., and until final action is taken on this ordinance, and,
if this ordinance shall be adopted, such copy shall be certified to
by the Town Clerk, and such certified copy shall remain on file in
the office of said Town Clerk to be made available to persons desiring
to examine the same during all times while said Code is in effect.
Any and all additions, deletions, amendments
or supplements to the Code, when adopted in such form as to indicate
the intention of the Town Board to make them a part thereof, shall
be deemed to be incorporated into such Code so that reference to the
"Code of the Town of Woodruff" shall be understood and intended to
include such additions, deletions, amendments or supplements.
The Clerk of the Town of Woodruff, pursuant
to law, shall cause to be published, in the manner required by law,
a copy of this Adoption Ordinance. Sufficient copies of the Code shall
be maintained in the office of the Clerk for inspection by the public
at all times during regular office hours. The enactment and publication
of this ordinance, coupled with the availability of a copy of the
Code for inspection by the public, shall be deemed, held and considered
to be due and legal publication of all provisions of the Code for
all purposes.
It shall be the duty of the Town Clerk, or someone
authorized and directed by the Clerk, to keep up-to-date the certified
copy of the Code required to be filed in the Clerk's office for use
by the public. All changes in said Code and all ordinances adopted
subsequent to the effective date of this codification which shall
be adopted specifically as part of the Code shall, when finally adopted,
be included therein by reference until such changes or new ordinances
are inserted therein.
Copies of the Code, or any chapter or portion
of it, may be purchased from the Clerk or an authorized agent of the
Clerk upon the payment of a fee to be set by the Town Board. The Clerk
may also arrange for procedures for the periodic supplementation of
the Code.
It shall be unlawful for anyone to improperly
change or amend, by additions or deletions, any part or portion of
the Code or to alter or tamper with such Code in any manner whatsoever
which will cause the law of the Town of Woodruff to be misrepresented
thereby. Anyone violating this section or any part of this ordinance
shall be subject, upon conviction, to a forfeiture of not more than
$500, in the discretion of the judge imposing the same.
Each section 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.
Each section of this ordinance is an independent
section, and the holding of any section or 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.
All ordinances or parts of ordinances of a general
and permanent nature adopted and in force on the date of the adoption
of this ordinance and not contained in the Code are hereby repealed
as of the effective date of this Adoption Ordinance, except as hereinafter
provided.
The adoption of this Code and the repeal of ordinances provided for in §
1-16 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 22, 2007.
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,
changing name, 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 Town'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.
O. Any ordinance or portion of an ordinance establishing
a specific fee amount for any license, permit or service obtained
from the Town.
The adoption of the Code provided in §
1-5 includes the adoption of the following, as set forth in the Code on file in the office of the Clerk pursuant to §
1-8:
A. New ordinances: Chapter
8, Assessments and Charges; Chapter
20, Boards, Commissions and Committees; Chapter
31, Citations; Chapter
55, Ethics; Chapter
82, Government and Elections; Chapter
175, Town Meetings; Chapter
307, Article
II, Offenses Involving Alcoholic Beverages; and Chapter
378, Public Buildings and Property.
B. Ordinances amended in their entirety: Chapter
1, Article
I, Construction and Penalties; Chapter
67, Finance and Taxation; Chapter
125, Officers and Employees; Chapter
149, Records; Chapter
170, Town Board; and Chapter
242, Cable Television.
C. Revisions to existing ordinances deemed necessary
and authorized by the Town Board to bring the ordinances of the Town
into compliance with current procedures and statutory requirements.
This ordinance shall take effect upon passage
and publication as required by law.