[HISTORY: Adopted by the Town Board of the Town of Lake Tomahawk
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-11-1988 as §§ 25.01, 25.02(1), 25.03 and
25.04 of the 1988 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. All references to "Wisconsin Statutes"
or "Wis. Stats." shall mean the Wisconsin Statutes as of the adoption of this
Code and as amended or renumbered from time to time.
[Amended 2-14-2007]
B. Gender, singular and plural. Every word in this Code,
and in any ordinance imparting the masculine gender, may extend and be applied
to females as well as males, and every word imparting the singular number
only may extend and be applied to several persons or things as well as to
one person or thing; provided these rules of construction shall not be applied
to any provision which contains any express language excluding such construction,
or when the subject matter or context of such provision may be repugnant thereto.
C. Person. The word "person" extends and applies to natural
persons, firms, corporations, associations, partnerships or other bodies politic
and to all entities 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 by the principal, such
requirement shall be construed to include all such acts when done by an authorized
agent.
E. Police Department and Chief of Police. References to the Police
Department and Chief of Police shall be construed to refer to the Town Chairperson
or any duly authorized law enforcement officer.
[Amended 2-14-2007]
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 is adopted by reference, it shall be deemed incorporated
in this Code as if fully set forth herein, and the Clerk shall 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's office hours, subject to such orders or regulations which
the Clerk may prescribe for their preservation.
A. General penalty. Except as otherwise provided, 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 shall, upon conviction thereof, forfeit not less than $5 nor
more than $500, together with the costs of prosecution, and in default of
payment of such forfeiture and costs of prosecution, shall be imprisoned in
the county jail until such forfeiture and costs are paid, but not exceeding
90 days.
(2) Second offense. Any person found guilty of violating
any ordinance or part of an ordinance of this Code, who has previously been
convicted of a violation of the same ordinance within one year shall, upon
conviction thereof, forfeit not less than $10 nor more than $500 for each
such offense, together with the costs of prosecution, 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 exceeding six months.
B. Continued violations. Each violation and each day a violation
continues or occurs shall constitute a separate offense. Nothing in this Code
shall preclude the Town from maintaining any appropriate action to prevent
or remove a violation of any provision of this Code.
C. Execution against defendant's property. Whenever any
person fails to pay any forfeiture and costs of prosecution upon the order
of any court for violation of any ordinance of the Town, 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 such forfeiture and costs.
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Town of Lake Tomahawk of a general and permanent nature adopted by the Town Board of the Town of Lake Tomahawk, as revised, codified and consolidated into chapters and sections by General Code LLC, and consisting of Chapters
1 through
350, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Lake Tomahawk," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede 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 Town Clerk 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 Town Clerk, and such
certified copy shall remain on file in the office of said Town 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 Town Board to
make them a part thereof, shall be deemed to be incorporated into such Code
so that reference to the "Code of the Town of Lake Tomahawk" 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 Town of Lake Tomahawk, 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 Town 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 Town 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 Town of Lake
Tomahawk to be misrepresented thereby. Anyone violating this section or any
part of this ordinance shall be subject, upon conviction, to a forfeiture
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. If any provision of this Code or the application thereof to any person
or circumstances is held invalid, the remainder of this Code and the application
of such provision to other persons or circumstances shall not be affected
thereby.
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 May 10, 2006.
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 Town'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 ordinances adopting or amending a Zoning Map or otherwise
rezoning property.
P. Any ordinance or portion of an ordinance establishing a specific
fee amount for any license, permit or service obtained from the Town.
The adoption of the Code provided in §
1-5 includes the adoption of the following, as set forth in the Code on file in the office of the Clerk pursuant to §
1-7:
A. New ordinances: Chapter
10, Boards, Commissions and Committees; Chapter
173, Burning, Outdoor; Chapter
206, Fireworks; Chapter
292, Property Maintenance; and Chapter
346, Vehicles, Abandoned.
B. Revisions to existing ordinances deemed necessary and authorized
by the Town Board to bring the ordinances of the Town into compliance with
current procedures and statutory requirements.
This ordinance shall take effect upon passage and publication as required
by law.