[HISTORY: Adopted by the Village Board of the Village of Cottage
Grove as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-19-2001 by Ord. No. 01-2001]
Pursuant to W.S.A. s. 66.035, the various chapters and sections of the 1984 Code of Ordinances of the Village of Cottage Grove, and subsequent ordinances of the Village of Cottage Grove of a general and permanent nature adopted by the Village Board of the Village of Cottage Grove, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 325, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Cottage Grove," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede the 1984 Code of Ordinances
of the Village of Cottage Grove 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 and shall remain there for use and examination by the
public for at least two weeks, in accordance with § 66.035, 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, 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 Cottage Grove" 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, 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 Village 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 Village 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 Cottage
Grove 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 § 1-12 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 September 1, 2000.
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 Land Division Ordinance and
all amendments thereto.
A.
In compiling and preparing the ordinances for publication as the Code of the Village of Cottage Grove, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections B and C 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.
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 "Clerk-Treasurer" or "Clerk/Treasurer"
are amended to read "Clerk."
(4)
References to the "Police Department" are amended to
read "Law Enforcement Department."
(5)
References to the "Planning Commission" are amended to
read "Plan Commission."
(6)
References to the "Zoning Board," "Board of Appeals"
and "Board of Zoning Appeals" are amended to read "Zoning Board of Appeals."
(7)
References to the "Comprehensive Plan" and "Master Plan"
are amended to read "Comprehensive Master Plan."
(8)
References to the "Water and Sewer Utility Commission"
are amended to read "Utility Commission."
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 § 1-14C, the sections which were amended, added or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Art. I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 3-19-2001 by Ord. No. 01-2001." 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.
[Adopted 7-2-1984 as Secs. 25.01 to 25.04 of the
1984 Code]
In the construction of this Code of General Ordinances, the following
rules shall be observed unless such construction would be inconsistent with
the manifest intent of any of the ordinances:
A.
The term "Wisconsin Statutes" or "Wis. Stats." whenever
used in this Code means the current edition of the Wisconsin Statutes and
any subsequent amendments.
[Amended 3-19-2001 by Ord. No. 01-2001]
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 thereto.
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 of agents. When a provision requires an act to be
done which may by law as well be done by an agent as the principal, such requirement
shall be construed to include all such acts when done by an authorized agent.
A.
Conflict of provisions. 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.
B.
Separability of code provisions. If any section, subsection,
sentence, clause or phrase of this Code is for any reason held to be invalid
or unconstitutional by reason of any decision of any court of competent jurisdiction,
such decision shall not affect the validity of any other section, subsection,
sentence, clause or phrase or portion thereof. The Village Board of the Village
of Cottage Grove hereby declares that it would have passed this Code and each
section, subsection, sentence, clause, phrase or portion thereof irrespective
of the fact that any one or more sections, subsections, sentences, clauses,
phrases or portions thereof may be declared invalid or unconstitutional.
[Amended 3-19-2001 by Ord. No. 01-2001]
Whenever in this Code any standard code, rules, regulation 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 Village Clerk is directed
to ensure that copies of such material are filed, deposited, and kept in a
suitable municipal office. Materials so filed, deposited and kept shall be
public records open for examination with proper care by any person during
the Village's regular office hours, subject to such orders or regulations
which the Village Clerk or the delegated custodian of such records may prescribe
for their preservation, retrieval, and duplication.
A.
General penalty. Whenever so 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 more than $500 together with the costs of prosecution and applicable surcharges,
and, in default of payment of such forfeiture and costs of prosecution and
surcharge, shall be imprisoned in the County jail until such forfeiture shall
be paid, but not exceeding 90 days.
(2)
Second offense. Any person found guilty of violating
any provision of this Code who shall previously have been convicted of a violation
of the same provision shall, upon conviction thereof, forfeit not less than
$10 nor more than $500 for each such offense, together with the costs of prosecution
and applicable surcharges, and, in default of payment of such forfeiture and
costs, shall be imprisoned in the County jail until such forfeiture and costs
are paid, but not to exceed six months.
B.
Each violation and each day a violation continues or
occurs shall constitute a separate offense. Nothing in this Code shall preclude
the Village from maintaining any appropriate action to prevent or remove a
violation of any provision contained in this Code.
C.
Enforcement method.
(1)
Violations of ordinances of the Village shall be enforced
by the issuance of a municipal citation.
(2)
The municipal citation shall contain the information
required by s. 800.02, Wis. Stats.
(3)
Schedule of deposits. The schedule of deposits for use
with citations issued under this section shall be as adopted by the Village
Board from time to time, and such schedule shall be on file in the office
of the Chief of Police and in the office of the Village Clerk. Deposits shall
be in cash, money order, or check payable to the Municipal Court, which shall
provide a receipt therefor.
(4)
Issuance of citation.
(a)
Law enforcement officers. Any law enforcement officer
may issue citations authorized under this section.
(b)
Village officers. The following Village officers and
their designated agents may issue citations with respect to those specified
sections which are directly related to their official responsibilities. The
Village President shall supervise the citation program.
(c)
Absence or disability. In the absence or disability of
any of such officers, the Village President may designate the individual who
shall perform the duties of the absent or disabled official.
(5)
Nonexclusivity.
(a)
Other ordinance. This section does not preclude the Village
Board from adopting any other ordinance or providing for the enforcement of
any law or ordinance relating to the same or another matter.
(b)
Other remedies. The issuance of a citation hereunder
shall not preclude the Village or any authorized officer from proceeding under
any other ordinance or law or by any other enforcement method to enforce any
ordinance, regulation, or order.
(6)
Enforcement. Notwithstanding any provision of this Code
to the contrary, the Village President may designate the Village officer to
enforce any provision of this Municipal Code.
