[HISTORY: Adopted by the Town Board of the
Town of Trenton as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-7-1989 as Title 1, Ch. 1 of the 1989 Code]
These collected ordinances shall be known and referred to as the "Code of the Town of Trenton, Washington County, Wisconsin." References to the Code of the Town of Trenton, Wisconsin, shall be cited as follows: "§
4-1 of the Code of the Town of Trenton, Wisconsin."
The following rules or meanings shall be applied
in the construction and interpretation of ordinances codified in this
Code unless such application would be clearly inconsistent with the
plain meaning or intent of the ordinances:
A. Acts by agents. When an ordinance requires an act
to be done by a person which may be legally performed by an authorized
agent of that principal person, the requirement shall be construed
to include all acts performed by such agents.
B. Code and Code of Ordinances. The words "Code," "Code
of Ordinances" and "Municipal Code" when used in any section of this
Code shall refer to this Code of the Town of Trenton unless the context
of the section clearly indicates otherwise.
C. Computation of time. In computing any period of time
prescribed or allowed by these ordinances, the day of the act or event
from which the period of time begins to run shall not be included,
but the last day of the period shall be included, unless it is a Saturday,
a Sunday or a legal holiday. If the period of time prescribed or allowed
is less than seven days, Saturdays, Sundays and legal holidays shall
be excluded in the computation. As used in this subsection, "legal
holiday" means any statewide legal holiday specified by state law.
D. Fine. The term "fine" shall be the equivalent of the
word "forfeiture," and vice versa.
E. Gender. Every word in these ordinances referring to
the masculine gender shall also be construed to apply to females,
and vice versa. The masculine gender is used herein solely in the
interest of brevity.
F. General rule. All words and phrases shall be construed
according to their plain meaning in common usage. However, words or
phrases with a technical or special meaning shall be understood and
construed according to that technical or special meaning if such is
the intent of the ordinances.
G. Person. The word "person" shall mean any of the following
entities: natural persons, corporations, partnerships, associations,
bodies politic or any other entity of any kind which is capable of
being sued.
H. Repeal. When any ordinance having the effect of repealing
a prior ordinance is itself repealed, such repeal shall not be construed
to revive the prior ordinance or any part thereof, unless expressly
so provided.
I. Singular and plural. Every word in these ordinances
referring to the singular number only shall also be construed to apply
to several persons or things, and every word in these ordinances referred
to the plural number shall also be construed to apply to one person
or thing.
J. Tense. The use of any verb in the present tense shall
not preclude the interpretation of the verb in the future tense where
appropriate.
K. Town. The term "Town" shall mean the Town of Trenton,
Washington County, Wisconsin.
L. Wisconsin Statutes. The term "Wisconsin Statutes"
and its abbreviation as "Wis. Stats." shall mean, in these ordinances,
the Wisconsin Statutes as of the adoption of this Code, as amended
or renumbered from time to time.
[Amended 2-6-2007 by Ord. No. 2-1-2007]
M. Wisconsin Administrative Code. The term "Wisconsin
Administrative Code" and its abbreviation as "Wis. Adm. Code" shall
mean the Wisconsin Administrative Code as of the adoption of this
Code, as amended or renumbered from time to time.
A. If the provisions of different chapters conflict with
each other, the provisions of each individual chapter shall control
all issues arising out of the events and persons intended to be governed
by that chapter.
B. If the provisions of different sections of the same
chapter conflict with each other, the provision which is more specific
in its application to the events or persons raising the conflict shall
control over the more general provision.
A. Code. The Code of the Town of Trenton, Wisconsin,
shall take effect as provided by state law.
B. Subsequent ordinances. All ordinances passed by the
Town Board subsequent to the adoption of this Code, except when otherwise
specifically provided, shall take effect from and after their publication.
A. General penalty. Except where a penalty is provided
elsewhere in this Code, any person who shall violate any of the provisions
of this Code shall, upon conviction of such violation, 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 six months.
[Amended 2-6-2007 by Ord. No. 2-1-2007]
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. Other remedies. The Town shall have any and all other
remedies afforded by the Wisconsin Statutes in addition to the forfeitures
and costs of prosecution above.
Whenever any standard code, rule, regulation,
statute 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 Town Clerk shall maintain in his office a copy of
any such material as adopted and as amended from time to time. Materials
on file at the Town Clerk's office shall be considered public records
open to reasonable examination by any person during the office hours
of the Town Clerk subject to such restrictions on examination as the
Clerk imposes for the preservation of the material.
[Adopted 2-6-2007 by Ord. No. 2-1-2007]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Town of Trenton of a general and permanent nature adopted by the Town Board of the Town of Trenton, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters
1 through
380, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Trenton," 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 Trenton" 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 Trenton, 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 Trenton 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 §
1-18 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 August 15, 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.
Q. Planned development overlay agreements.
The adoption of the Code provided in §
1-7 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 pursuant to §
1-10.
This ordinance shall take effect upon passage and publication
as required by law.