[HISTORY: Adopted by the Village Board of the Village of Johnson Creek as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-1-1994 by Ord. No. 12-94 as §§ 1.01 to 1.04(1), 1.05, 1.10 and 1.12 to 1.15 of the 1994 Code]
This Code may be known and cited as the "Johnson Creek Village Code."
Any additions or amendments to this Code are incorporated in this Code so that a reference to the Johnson Creek Village Code includes such additions and amendments.
Terms used in this Code, unless specifically defined in this Code, have the meanings prescribed by the Wisconsin Statutes for the same terms. The title of any official, board or commission refers to such official, board or commission of the Village of Johnson Creek, unless otherwise stated.
Unless otherwise provided in this Code, this Code applies to acts performed within the corporate limits of the Village. Provisions of this Code also apply to acts performed outside the corporate limits and up to the limits prescribed by law, where the law confers power on the Village to regulate such particular acts outside the corporate limits.
In the construction of this Code, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the chapter or article:
Wisconsin Statutes. All references to "Wisconsin Statutes" or "Wis. Stats." mean the Wisconsin Statutes as of the publication of this Code and as amended or renumbered from time to time.
[Amended 7-8-2003 by Ord. No. 20-03]
Gender; singular and plural. Every word in this Code and in any ordinance importing the masculine gender may extend and be applied to females as well as males, and every word importing 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 provisions which shall contain any express language excluding such construction or when the subject matter or context of such provisions may be repugnant to such construction.
Person. The word "person" extends and applies to natural persons, firms, corporations, associations, partnerships or other bodies politic and all entities of any kind capable of being sued unless plainly inapplicable.
Acts by 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 requisition shall be construed to include all such acts when done by an authorized agent.
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. In the event that it appears that more than one chapter may apply, the more restrictive and stringent provisions shall govern.
Whenever in this Code any standard, code, rule, regulation or other written or printed matter, other than the Wisconsin Statutes or other sections of this Code, are adopted by reference, they shall be deemed incorporated in this Code as if fully set forth herein, and the Village Clerk-Treasurer is directed and required to 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-Treasurer's office hours, subject to such orders or regulations which the Clerk-Treasurer may prescribe for their preservation.
All general ordinances hereafter enacted by the Village Board of the Village of Johnson Creek shall be numbered in chronological order and shall indicate by appropriate number the section or subsection of this Code created, amended, repealed or revised.
A seal with the words "Village of Johnson Creek, Wisconsin" in a circular form, with the words "Incorporated 1903" in a smaller circle, and the word "Seal" in the center of such circle, shall be and the same is made the Corporate Seal of the Village of Johnson Creek. This Seal shall be kept in the custody of the Village Clerk-Treasurer.
Authorized. Pursuant to § 66.0113, Wis. Stats., the Village elects to use the citation method of enforcement of ordinances, including those for which a statutory counterpart exists.
Form of citation. The municipal citation authorized by Subsection A shall provide for the following:
The name and address of the alleged violator.
The factual allegations describing the alleged violation.
The time and place of the offense.
The section of the ordinance violated.
A designation of the offense in such manner as can be readily understood by a person making a reasonable effort to do so.
The time at which the alleged violator may appear in court.
A statement as provided in § 66.0113(1)(b)7, Wis. Stats.
[Amended 7-8-2003 by Ord. No. 20-03]
A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he or she read the statement required under Subsection B(7) above and shall send the signed statement with the cash deposit.
Schedule of cash deposits. The schedule of cash deposits established for use with citations issued for ordinance violations shall be as adopted by the Village Board from time to time, and such schedule shall be on file in the offices of the Chief of Police and Village Clerk. In addition, penalty assessments, jail assessments and court costs shall be added to the cash deposit, which assessments and court costs are determined in accordance with the deposit schedule established, adopted and as amended from time to time by the Wisconsin Judicial Conference. Deposits shall be paid to the Clerk of Circuit Court for Jefferson County.
[Amended 7-8-2003 by Ord. No. 20-03; 4-22-2013 by Ord. No. 03-13; 3-23-2015 by Ord. No. 3-15]
Issuance and filing. Citations authorized under this section may be issued by law enforcement officers of the Village.
Any costs incurred by the Village for publication of any public notice shall be paid for by the party initiating the request, application, proposal or other activity which has caused or resulted in the publication of the public notice. No license, permit, privilege or other benefit shall be granted the party initiating the request, application, proposal or other activity until such publication costs have been paid to the Village Clerk-Treasurer. These publication costs shall be in addition to any other costs or fees required to be paid by the party under the terms of this Code or under the terms of any statute governing the operation of the Village.
Notwithstanding anything contained in this Code to the contrary, no license authorized or permitted under this Code shall issue to any person who, at the time of the issuance of the license, is delinquent in payment of any tax, whether real or personal, any assessment, or any other forfeiture or obligation owing to the Village.
[Adopted 7-8-2003 by Ord. No. 20-03]
Pursuant to § 66.0103, Wis. Stats., the various chapters and sections of the 1994 Code of Ordinances of the Village of Johnson Creek, and subsequent ordinances of the Village of Johnson Creek of a general and permanent nature adopted by the Village Board of the Village of Johnson Creek, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 250, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Johnson Creek," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede the 1994 Code of Ordinances of the Village of Johnson Creek 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 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, has been filed in the office of the Village Clerk-Treasurer 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 Village Clerk-Treasurer, and such certified copy shall remain on file in the office of said Village Clerk-Treasurer 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 Johnson Creek" 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 Village Clerk-Treasurer, 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-Treasurer 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-Treasurer, or someone authorized and directed by the Village Clerk-Treasurer, to keep up-to-date the certified copy of the book containing the Code required to be filed in the Clerk-Treasurer'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 Village Clerk-Treasurer or an authorized agent of the Clerk-Treasurer upon the payment of a fee to be set by the Village Board. The Clerk-Treasurer 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 Johnson Creek 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 § 1-24 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to April 21, 2003.
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.
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.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
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.
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.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
The levy or imposition of taxes, assessments or charges.
The annexation or dedication of property or approval of preliminary or final subdivision plats.
Ordinances providing for local improvements or assessing taxes or special assessments therefor.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
The Zoning Ordinance and Zoning Map of the Village and all amendments thereto.
In compiling and preparing the ordinances for publication as the Code of the Village of Johnson Creek, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections B and C hereof. 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.
The following changes are made throughout the Code:
References to specific chapters and sections of the Wisconsin Statutes are revised to reflect the numbering of the statutes as of the publication of this Code.
References to the "Clerk" and "Treasurer" are amended to read "Clerk-Treasurer."
References to the "Master Plan" and "Comprehensive Plan" are amended to read "Comprehensive Master Plan."
References to the "Department of Industry, Labor and Human Relations" or "ILHR" are amended to read "Department of Commerce" or "COMM."
References to the "Department of Health and Social Services" are amended to read "Department of Health and Family Services."
References to the "Personnel-Finance Committee" are amended to read "Personnel and Finance Committee."
References to the "Chief of Police" are amended to read "Police Chief."
References to the "Director of Public Works" are amended to read "Public Works Director."
References to specific IND, ILHR and COMM chapters and sections of the Wisconsin Administrative Code are amended to refer to the "Wisconsin Department of Commerce Administrative Code."
References to specific NR chapters and sections of the Wisconsin Administrative Code are amended to refer to the "Wisconsin Department of Natural Resources Administrative Code."
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.)
In accordance with § 1-26C, the chapters, articles and sections which were amended, added, deleted or adopted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Art. II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended, (adopted, deleted) 7-8-2003 by Ord. No. 20-03." Schedule A, which contains a complete description of all changes, is on file in the Village offices
This ordinance shall take effect upon passage and publication as required by law.