[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:
A.
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]
B.
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.
C.
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.
D.
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.
A.
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.
B.
Form of citation. The municipal citation authorized by Subsection A shall provide for the following:
(1)
The name and address of the alleged violator.
(2)
The factual allegations describing the alleged violation.
(3)
The time and place of the offense.
(4)
The section of the ordinance violated.
(5)
A designation of the offense in such manner as can
be readily understood by a person making a reasonable effort to do
so.
(6)
The time at which the alleged violator may appear
in court.
(7)
A statement as provided in § 66.0113(1)(b)7,
Wis. Stats.
[Amended 7-8-2003 by Ord. No. 20-03]
(8)
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.
C.
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]
D.
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[1]]
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:
A.
Any ordinance adopted subsequent to April 21, 2003.
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.
The Zoning Ordinance and Zoning Map of the Village
and all amendments thereto.
A.
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.
B.
The following changes are made throughout the Code:
(1)
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.
(2)
References to the "Clerk" and "Treasurer" are amended
to read "Clerk-Treasurer."
(3)
References to the "Master Plan" and "Comprehensive
Plan" are amended to read "Comprehensive Master Plan."
(6)
References to the "Department of Industry, Labor and
Human Relations" or "ILHR" are amended to read "Department of Commerce"
or "COMM."
(7)
References to the "Department of Health and Social
Services" are amended to read "Department of Health and Family Services."
(8)
References to the "Personnel-Finance Committee" are
amended to read "Personnel and Finance Committee."
(9)
References to the "Chief of Police" are amended to
read "Police Chief."
(10)
References to the "Director of Public Works" are amended
to read "Public Works Director."
(11)
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."
(12)
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."
C.
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]
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.
