[Adopted 1-23-2006 by Ord. No. 489]
Pursuant to Wis. Stats. § 66.0103, the various chapters and sections of the 1998 Municipal Code of the Village of Waterford, Wisconsin, and subsequent ordinances of a general and permanent nature adopted by the Village Board of the Village of Waterford, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 260, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Waterford," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede
the 1998 Municipal Code of the Village of Waterford and 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 Code and 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, in loose-leaf form, was
filed in the office of the Village Clerk and has remained there for
use and examination by the public for at least two weeks, in accordance
with Wis. Stats. § 66.0103, and until final action is taken
on this ordinance, and, if this ordinance shall be adopted, such copy
shall be certified to by the Village Clerk, and such certified copy
shall remain on file in the office of said Village 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 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 Waterford" shall be understood and intended
to include such additions, deletions, amendments or supplements. Whenever
such additions, deletions, amendments or supplements to the Code shall
be adopted, they shall thereafter be printed and, as provided hereunder,
inserted in the loose-leaf book containing said Code as amendments
and supplements thereto.
The Clerk of the Village of Waterford, 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 Village Clerk, or
someone authorized and directed by the Clerk, to keep up-to-date the
certified copy of the book containing 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 printed as supplements to said
Code book, at which time such supplements shall be 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 Village 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 Village of Waterford to be misrepresented
thereby. Anyone violating this section or any part of this ordinance
shall be subject, upon conviction, to a fine 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.
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 § 1-23 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 November 28, 2005.
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 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 ordinance adopting or amending the Official Map
or the Zoning Map.
O.
Any legislation establishing a specific fee amount
for any license, permit or service obtained from the Village.
P.
The establishment of wards, ward boundaries and election
precincts.
Q.
Construction of any public works, or the letting of
contracts.
R.
Release of persons, firms, corporations, limited-liability
companies, partnerships or other entities from liability.
S.
Any currently effective legislation affecting water
or sewer rates, rules or regulations or sewer or water main construction.
T.
Budget ordinances, resolutions and actions.
A.
In compiling and preparing the ordinances for publication as the Code of the Village of Waterford, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Village Board that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
B.
In addition, the amendments and/or additions as set
forth in Schedule A attached hereto and made a part hereof are made
herewith, to become effective upon the effective date of this ordinance.
(Chapter and section number references are to the ordinances as they
have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-25B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Ch. 1, General Provisions, Art. III. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 1-23-2006 by Ord. No. 489." Schedule A, which contains a complete description of all changes, is on file in the Village offices.
C.
The repeal or amendment of any section of provision
shall not, by implication, be deemed to revive any ordinance not in
force or existing at the time of the adoption of this ordinance.
This ordinance shall take effect on February
1, 2006, upon public hearing, passage and publication as required
by law.
