[HISTORY: Adopted by the Town Board of the Town of Manitowish Waters
as indicated in article histories. Amendments noted where applicable.]
[Adopted as §§ 25.01, 25.02(1), 25.03 and 25.04 of
the 2001 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 10-9-2007 by Ord. No. 3-07]
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 that 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.
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/Treasurer 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/Treasurer's office hours, subject to such orders
or regulations which the Clerk/Treasurer 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:
[Amended 10-9-2007 by Ord. No. 3-07]
(1)
First offense. Any person who shall violate any provision
of this Code shall, upon conviction thereof, forfeit not less than $25 nor
more than $1,000, 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 $25 nor more than $1,000 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.
D.
Imposition of juvenile dispositions and sanctions.
(2)
For a juvenile adjudged to have violated an ordinance,
a court is authorized to impose any of the dispositions listed in §§ 938.343
and 938.344, Wis. Stats., in accordance with the provisions of those statutes.
(3)
For a juvenile adjudged to have violated an ordinance
who violates a condition of a dispositional order of the court under § 938.343
or 938.344, Wis. Stats., the Municipal Court is authorized to impose any sanctions
listed in § 938.355(6)(d), Wis. Stats., in accordance with the provisions
of those statutes.
[Adopted 10-9-2007 by Ord. No. 3-07]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Town of Manitowish Waters of a general and permanent nature adopted by the Town Board of the Town of Manitowish Waters, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 331, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Manitowish Waters," 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/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 Town Clerk/Treasurer,
and such certified copy shall remain on file in the office of said Town 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 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 Manitowish Waters" 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/Treasurer of the Town of Manitowish Waters, 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 Town Clerk/Treasurer, or someone authorized
and directed by the 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 Clerk/Treasurer or an authorized agent of the Clerk/Treasurer upon
the payment of a fee to be set by the Town 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 Town of Manitowish
Waters 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 18, 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.
The Town Zoning Ordinance, Shoreland Zoning Ordinance and any
amendments thereto and any ordinances adopting or amending a Zoning Map or
otherwise rezoning property.
O.
Any charter ordinances.
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 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, as set forth in the Code on file in the office of the Clerk/Treasurer pursuant to § 1-8.
This ordinance shall take effect upon passage and publication as required
by law.
