[HISTORY: Adopted by the Village Board of the Village of Black Earth as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-1-1990 by Ord. No. 90-O-7 as §§ 25.01, 25.02(1), 25.03 and 25.04 of the 1990 Code]
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. The term "Wisconsin Statutes" whenever used in this Code shall mean the Wisconsin Statutes as of the adoption of this Code and all later amendments and modifications thereof.
[Amended 7-6-2004 by Ord. No. 04-O-8]
B. 
Gender; singular and plural. Every word in this Code and in any ordinance using the masculine or feminine gender may extend and be applied to the other gender as well, 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, and every word importing a plural number may extend and be applied to one person or thing, provided that these rules of construction shall not be applied to any provision which shall contain any express language excluding such construction or when the subject matter or context of such provisions may be repugnant thereto.
C. 
Person. The word "person" extends and applies to natural persons, firms, corporations, associations, partnerships or bodies corporate or 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 any agent as by the principal, such provision shall be construed to include all such acts when done by an authorized agent.
E. 
Tense. Words used in the present tense include the future.
F. 
Mandatory use of word "shall." The word "shall" is mandatory and not directive.
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.
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, is adopted by reference it shall be deemed incorporated in this Code as if fully set forth herein, and the Village Clerk-Treasurer is hereby directed and required to file, deposit and keep in his or her 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 at all reasonable times, subject to such order or regulations which the Clerk-Treasurer may prescribe for their preservation.
A. 
General penalty. Unless otherwise specifically provided 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 subject to a penalty shall, upon conviction thereof, forfeit not less than $50 nor more than $500, together with the costs of prosecution and applicable penalty assessments, fees and surcharges, and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the county jail until said forfeiture, costs, assessments, fees and surcharges are paid, but not exceeding 90 days.
(2) 
Second offense. Any person found guilty of violating any section of this Code who shall previously have been convicted of a violation of the same ordinance within the previous 12 months shall, upon conviction thereof, forfeit not less than $100 nor more than $1,000 for each such offense, together with the costs of prosecution and applicable penalty assessments, fees and surcharges, and in default of payment of such forfeiture and costs shall be imprisoned the county jail until said forfeiture, costs, assessments, fees and surcharges of prosecution are paid, but not to exceed 90 days.
B. 
Execution against defendant's property. Whenever any person fails to pay any forfeiture, costs of prosecution and applicable penalty assessments, fees and surcharges upon the order of the court for violation of any ordinance of the Village, the court may, in lieu of ordering imprisonment of the defendant, or after the defendant has been released from custody, issue an execution against the property of the defendant for said forfeiture, costs, assessments, fees and surcharges.
C. 
Village jurisdiction over juveniles.
(1) 
Adoption of state statute. Section 938.17(2), Wis. Stats., is hereby adopted and by reference made a part of this Code as if fully set forth herein.
(2) 
Provisions applicable to persons 14 through 17 years of age. Subject to the provisions and limitations of § 938.17(2), Wis. Stats., complaints alleging a violation of any provision of this Code against persons 14 through 17 years of age may be brought on behalf of the Village and may be prosecuted utilizing the same procedures in such cases as are applicable to adults charged with the same offense.
(3) 
Citation process. For violations of Chapter 202, Peace and Good Order, Article VI, juveniles may be cited by the citation process on a form approved by the Village Attorney which shall contain on the reverse side the penalties that the juvenile may receive simultaneously with issuing the citation to the juvenile. A carbon copy will be mailed to the parent or legal guardian.
(4) 
Penalties. Violations of Chapter 202, Article VI by a person under the age of 18 shall be punishable according to §§ 938.17(2), 938.343, 938.344 and 48.345, Wis. Stats. Nothing herein shall prevent the juvenile officer, in his or her discretion, from referring cases directly to the District Attorney's office.
D. 
No incarceration as penalty. The court shall not impose incarceration as a penalty for any person convicted of an offense prosecuted under this Code.
[Amended 7-6-1994 by Ord. No. 94-O-1]
[Adopted 7-6-2004 by Ord. No. 04-O-8]
Pursuant to § 66.0103, Wis. Stats., the various chapters and sections of the 1990 Code of Ordinances of the Village of Black Earth, and subsequent ordinances of the Village of Black Earth of a general and permanent nature adopted by the Village Board of the Village of Black Earth, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 310, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Black Earth," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede the 1990 Code of Ordinances of the Village of Black Earth 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 Black Earth" 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 Black Earth 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 § 1-16 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 February 3, 2004.
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 Shoreland-Wetland Zoning Ordinance (Ord. No. 91-O-1) and all amendments thereto.
O. 
Ordinance No. 98-O-10, Discrimination and Harassment Policy, and any other personnel policies.
P. 
Ordinance No. 00-O-6, Electric Utility Agreement, and Ordinance No. 00-O-8, Electric Utility Fees, and all amendments thereto.
A. 
In compiling and preparing the ordinances for publication as the Code of the Village of Black Earth, 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 "Department of Health and Social Services" are amended to read "Department of Health and Family Services."
(3) 
References to the "Department of Industry, Labor and Human Relations" are amended to read "Department of Commerce," and Administrative Code references designated "ILHR" are amended to read "COMM."
(4) 
References to "Clerk" and "Treasurer" are amended to read "Clerk-Treasurer."
(5) 
References to the "Board of Zoning Appeals" are amended to read "Board of Appeals."
(6) 
References to the "Chief of Police" are amended to read "Dane County Sheriff"; references to the "Police Department" are amended to read "Dane County Sheriff's Department"; and references to "police officer" are amended to read "law enforcement officer."
(7) 
References to the "Superintendent of Public Works," "Supervisor of Public Works," "Sewer and Water Superintendent" and "Superintendent of Utilities" are amended to read "Director of Public Works."
(8) 
References to the "Comprehensive Plan" and "Master Plan" are amended to read "Comprehensive Master Plan."
(9) 
References to the "Health Inspector" are amended to read "Health Officer."
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]
Editor's Note: In accordance with § 1-18C, 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 Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: " Amended (added, deleted) 7-6-2004 by Ord. No. 04-O-8." 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.