[Adopted as Sec. 1-1-2 of the 1992 Code and 12-12-2019 by Ord. No. A-124 (Sec.
1-1-6 of the 1992 Code)]
The following rules or meanings shall be applied in the construction
and interpretation of ordinances codified in this Code of Ordinances
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 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 "Codes," "Code of Ordinances" and
"Municipal Code," when used in any section of this Code, shall refer
to this Code of Ordinances of the Village of Reeseville 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 section, "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.
Use has been made of masculine pronouns in these ordinances solely
for the sake of brevity. Unless specifically stated to the contrary,
words in these ordinances referring to the masculine gender shall
also be construed to apply to females, and vice versa.
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. Joint
authority. All words purporting to give a joint authority to three
or more Village officers or employees shall be construed as giving
such authority to a majority of such officers or other persons.
H. Officers.
The term "officers" shall refer solely to local officers created by
state statute.
I. Officials.
The term "officials" shall mean all Village officers and employees.
J. 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.
K. 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.
L. 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 referring to a plural number
shall also be construed to apply to one person or thing.
M. Tense.
The use of any verb in the present tense shall not preclude the interpretation
of the verb in the future tense where appropriate.
N. 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 2-10-2022 by Ord. No. A-143]
O. 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.
P. Village.
The term "Village" shall mean the Village of Reeseville, Dodge County,
Wisconsin.
Q. References in the Code to the Village Clerk and Treasurer shall be construed to mean the combined office of Village Clerk-Treasurer established by Charter Ordinance No. A-100. See Chapter
115, Article
II, of this Code.
[Added 2-10-2022 by Ord. No. A-143]
[Amended 12-12-2019 by Ord. No. A-124]
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 $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 $50 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 Village from maintaining any appropriate action to prevent or
remove a violation of any provision of this Code.
C. Other
remedies. The Village shall have any and all other remedies afforded
by the Wisconsin Statues in addition to the forfeitures and costs
of prosecution above.
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 Village, 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.
[Adopted 2-10-2022 by Ord. No. A-143]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Reeseville of a general and permanent nature adopted by the Village Board of the Village of Reeseville, as revised and codified and consisting of Chapters
1 through
480, are hereby approved, adopted, ordained and enacted as the Code of the Village of Reeseville, hereinafter referred to as the "Code." 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. This ordinance and the Code adopted hereby shall supersede and replace the 1992 Code of Ordinances, as amended and supplemented.
The Clerk of the Village of Reeseville shall cause notice of the passage of this ordinance to be given in the manner required by law. The notice of passage of this ordinance coupled with the filing of the Code in the office of the Village Clerk-Treasurer as provided in §
1-4 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Each section of this ordinance and 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.
The adoption of this Code and the repeal of ordinances provided for in §
1-7 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 November 11, 2021.
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, naming, 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. Any
ordinances adopting or amending the Zoning Map or otherwise rezoning
property.
O. Any
ordinance or portion of an ordinance establishing or amending a specific
fee amount for any license, permit or service obtained from the Village.
P. Any
ordinance or portion of an ordinance establishing or amending a deposit
or bond schedule.
Q. Any
ordinance or portion of an ordinance establishing or amending rates
or charges for water or sewer service.
It shall be unlawful for anyone to change, alter or tamper with the Code in any manner which will cause the laws of the Village of Reeseville to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to a penalty as provided in §
1-2 of the Code.
This ordinance shall take effect upon final passage and publication
or posting as provided by law.