[HISTORY: Adopted by the Town Board of the Town of Algoma
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-17-1980 by Ord. No. 18]
[Added 6-15-2016]
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 they may be amended.
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.
[Amended 7-15-1992 by Ord. No. 65; 8-18-1993 by Ord. No. 70; 10-18-1995 by Ord. No. 82; 6-15-2016]
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 forfeiture 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 $50 nor more than $200,
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 provision of this
Code who has previously been convicted of a violation of the same
provision within one year shall, upon conviction thereof, forfeit
not less than $100 nor more than $400 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.
C.
Other remedies.
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.
D.
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.
E.
Double fees.
Except in the case of intoxicating liquor licenses, in addition to
the foregoing penalty, when an activity is begun without first obtaining
a license or permit required by this Code, as an additional penalty
the permit or license fee shall be doubled, but the payment of such
doubled fees does not relieve any person from fully complying with
all of the regulations of this Code, nor from any other penalties
prescribed herein.
Except as otherwise specifically set forth, all licenses required
by this Code shall have an annual license period from July 1 of each
year to June 30 next.
[Adopted 6-15-2016]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Town of Algoma of a general and permanent nature adopted by the Town Board of the Town of Algoma, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 328, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Algoma," 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 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 Algoma" 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 inserted in the Code as amendments and supplements thereto.
The Clerk of the Town of Algoma, pursuant to law, shall cause
to be published, in the manner required by law, a notice of the adoption
of this 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 publication of notice of the enactment
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 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 included
as supplements to said Code.
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 Algoma 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.
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.
A.
All ordinances or parts of ordinances inconsistent with the provisions
contained in the Code adopted by this ordinance are hereby repealed;
provided, however, that such repeal shall only be to the extent of
such inconsistency, and any valid legislation of the Town of Algoma
which is not in conflict with the provisions of the Code shall be
deemed to remain in full force and effect.
The adoption of this Code and the repeal of ordinances provided for in § 1-15 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 October 21, 2015.
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.
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.
Q.
Any ordinance or portion of an ordinance establishing or amending
a deposit or bond schedule.
R.
Any Comprehensive Plan.
A.
In compiling and preparing the ordinances for publication as the Code of the Town of Algoma, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B 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 Town 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 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 § 1-17B, the chapters, parts and sections that 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, repealed) 6-15-2016." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
C.
The following changes are made throughout the Code:
(1)
References to specific chapters and sections of the Wisconsin Statutes
and Wisconsin Administrative Code are revised to reflect the numbering
of the statutes and Administrative Code as of the publication of this
Code.
(2)
References to "Plan Commission" are amended to read "Planning Commission."
(3)
References to "Industrial Commission" and "Department of Industry,
Labor and Human Relations" and "DILHR" are amended to read "Department
of Safety and Professional Services."
(4)
References to "Park and Recreation Advisory Committee," "Parks Advisory
Committee," "Park Advisory Committee," and "Advisory Park Committee"
are amended to read "Parks Committee."
(5)
References to "fireman" and "firemen" are amended to read "firefighter"
and "firefighters," respectively.
(6)
References to "Chairman" and "Chairperson" are amended to read "Chair."
(7)
References to "occupancy permit" are amended to read "certificate
of occupancy."
(8)
References to "registered land surveyor" are amended to read "professional
land surveyor."
This ordinance shall take effect upon passage and publication
as required by law.
