[HISTORY: Adopted by the Town Board of the
Town of Buchanan as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-4-1997 as §§ 1-1 to 1-5, 1-10,
1-12 to 1-16, 1-20 and 1-21 of the 1997 Code]
This Code may be known and cited as the "Code
of the Town of Buchanan, Wisconsin."
The following words, terms, and phrases, when
used in this Code, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning.
A.
And/or. The word "and" may be read as "or" and the
word "or" may be read "and" where the sense requires it.
B.
Charter ordinances. The term "Charter ordinances"
shall mean the Charter Ordinances of the Town of Buchanan, Wisconsin.
C.
Code. Whenever the term "Code" is used without further qualification, it shall mean the "Code of the Town of Buchanan, Wisconsin," as designated in § 1-1.
D.
County. The word "county" shall mean Outagamie County,
Wisconsin.
E.
Delegation of authority. Whenever a provision appears
requiring the head of a department or some other Town officer or employee
to do some act or perform some duty, it shall be construed to authorize
the head of the department or other officer or employee to designate,
delegate, and authorize subordinates to perform the required act or
perform the duty unless the terms of the provision or section specify
otherwise.
F.
Gender. A word importing the masculine gender only
shall extend and be applied to females and to firms, partnerships
and corporations, as well as to males, unless the intention to give
a more limited meaning is disclosed by context.
G.
Joint authority. Words purporting to give authority
to three or more officers or other persons shall be construed as giving
such authority to a majority of such officers or other persons, unless
it is otherwise declared.
H.
May. The word "may" shall be construed as being permissive
and discretionary.
I.
Month. The term "month" shall mean a calendar month.
J.
Number. A word importing the singular may extend and
be applied to the plural as well as to the singular number and vice
versa.
K.
Oath. The word "oath" includes affirmation in all
cases where by law an affirmation may be substituted for an oath.
If any oath or affirmation is required to be taken, such oath or affirmation
shall be taken before and administered by some officer authorized
by the laws of this state to administer oaths, at the place where
the same is required to be taken or administered, unless otherwise
expressly directed, and, when necessary, duly certified by such officer.
If an oath is administered, it shall end with the words "so help me
God." In actions and proceedings in the courts, a person may take
an oath or affirmation in communication with the administering officer
by telephone or audiovisual means.
L.
Officers and employees generally. Whenever any officer
or employee is referred to by title, such reference shall be construed
as if followed by the words "of the Town of Buchanan," unless the
context indicates a county or state officer or employee.[1]
M.
Owner. The word "owner," applied to a building or
land shall include any part owner, joint owner, tenant in common,
tenant in partnership, joint tenant, or tenant by the entirety, of
the whole, or of a part of such building or land.
N.
Person. The word "person" shall extend and be applied
to associations, clubs, societies, firms, partnerships, and bodies
politic and corporate, as well as to individuals.
O.
Personal property. The words "personal property" include
every species of property except real property.
P.
Preceding; following. The words "preceding" and "following"
mean next before and next after, respectively.
Q.
Property. The word "property" shall include real and
personal property.
R.
Real property. The words "real property" shall include
lands, tenements, and hereditaments.
S.
Shall. The word "shall" shall be construed as being
mandatory.
T.
Signature. If the signature of any person is required
by law, it shall always be the handwriting of such person or, if the
person is unable to write, the person's mark or the person's name
written by some other person at the person's request and in the person's
presence.
U.
State. The word "state" shall mean the State of Wisconsin.
V.
Tense. Words used in the past or present tense include
the future as well as the past and present.
W.
Town. The word "Town" means the Town of Buchanan,
Wisconsin.
X.
Town Board. The words "Town Board" mean the Town of
Buchanan, Wisconsin, being the governing body of the Town.
Y.
Wis. Stats., statute, state statute. The terms "Wis.
Stats.," "statute," or "state statute" mean Wisconsin Statutes Annotated,
as amended. Any statute adopted by reference includes amendments to
such statute.
Z.
Year. The word "year" shall mean a calendar year.
A.
The time within which an act is to be done or proceeding
had or taken shall be computed by excluding the first day and including
the last and, when any such time is expressed in hours, the whole
of Sunday and of any legal holiday, from 12:00 midnight to 12:00 midnight,
shall be excluded.
B.
If the last day within which an act is to be done
or proceeding had or taken falls on a Sunday or legal holiday, the
act may be done or the proceeding had or taken on the next secular
day.
C.
When the last day within which a proceeding is to
be had or taken or an act done, which consists of any payment to or
the service upon or the filing with any officer, agent, agency, department,
or division of the state or of the county, or a city, village, town,
school district, or other subdivision of the state, of any money,
return, statement, report, notice, or other document, falls on a Saturday
and the duly established official office hours of such officer, agent,
agency, department, or division to which such payment is to be made
or upon which such service is to be made or with which such return,
statement, report, notice, or other document is required to be filed,
do not include any office hours thereof on such Saturday, such proceeding
may be had or taken or such act may be done on the next succeeding
day that is not a Sunday or a legal holiday.
D.
Regardless of whether the time limited in any ordinance
for the taking of any proceeding or the doing of an act is measured
from an event or from the date or day on which such event occurs,
the day on which such event took place shall be excluded in the computation
of such time.
E.
The expression "legal holiday" as used in this section
means any statewide legal holiday provided in Wis. Stats., § 995.20.
When an act is permitted to be done by the use of the postal service,
and the last day within the time prescribed by law for performing
such act falls on a legal public holiday under federal law, or other
holiday designated by the President, such that the postal service
does not receive registered mail or make regular deliveries on that
day, the day shall be considered a legal holiday for the purposes
of this section.
The catchlines of the several sections of this
Code printed in boldface type are intended as mere catchwords to indicate
the contents of the section and shall not be deemed or taken to be
titles of such sections, nor as any part of the section, nor, unless
expressly so provided, shall they be so deemed when any of such sections,
including the catchlines, are amended or reenacted.
A.
Generally. All references to chapters or sections
are to the chapters and sections of this Code unless otherwise specified.
B.
Inclusion of penalty. References to any section of
this Code shall be understood to refer to and include the penalty
section relating thereto, unless otherwise expressly provided.
A.
The repeal of an ordinance shall not revive any ordinance
in force before or at the time the ordinance repealed took effect.
B.
The repeal of an ordinance shall not affect any punishment
or penalty incurred before the repeal took effect or any suit, prosecution,
or proceeding pending at the time of the repeal for an offense committed
or cause of action arising under the ordinance repealed.
Unless another penalty is expressly provided
by this Code for any particular provision, section, or chapter, any
person violating any provision of this Code, or any rule or regulation
adopted or issued in pursuance thereof, or any provision of any code
adopted in this Code by reference shall, upon conviction, be subject
to a forfeiture of not less than $50 and not more than $1,000 and
the costs of prosecution. In default of immediate payment of such
forfeiture and costs, such person may be committed to the county jail
until such forfeiture and costs are paid. Every commitment shall limit
the duration of such imprisonment to a definite term not exceeding
90 days.
Any person charged with violation of any provision,
section, or chapter of the Code for which no other deposit amount
is expressly provided may pay a deposit of $200, plus costs, at the
Circuit Court in lieu of court appearance except when required by
the Court to appear. Persons wishing to contest such charges may contact
the Circuit Court to arrange a court appearance date.
Any person charged with a continuing violation
of any provision, section, or chapter of the Code, for which each
day constitutes a separate offense, and for which no other deposit
amount is expressly provided, may pay $150 per day, plus costs, from
the date of first violation to and including the date the deposit
is made, in lieu of court appearance, at the Circuit Court. Persons
wishing to contest such charges may contact the Circuit Court to arrange
a court appearance date except when required by the Court to appear.
Unless otherwise provided, each act of violation
and every day upon which a violation occurs or continues constitutes
a separate offense.
The failure of any officer or employee of the
Town to perform any official duty imposed by this Code shall not subject
such officer or employee to the penalty imposed for violation of this
Code, unless a penalty is specifically provided for such act or omission.
Every person concerned in the commission of
any act prohibited by this Code, whether he/she directly commits the
act or prosecutes, counsels, aids, or abets in its commission, may
be prosecuted and, upon conviction, is punishable as if he/she had
directly committed such act.
[Adopted 8-17-2010 by Ord. No. 2010-03]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Town of Buchanan of a general and permanent nature adopted by the Town Board of the Town of Buchanan, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 525, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Buchanan," 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.
[Amended 11-10-2016 by Res. No. 2016-05]
A copy of the Code has been filed in the office of the Town
Administrator 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 Administrator, and such certified copy shall remain on
file in the office of said Town Administrator 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 Buchanan" 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.
[Amended 11-10-2016 by Res. No. 2016-05]
The Administrator of the Town of Buchanan, 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 Administrator 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.
[Amended 11-10-2016 by Res. No. 2016-05]
It shall be the duty of the Town Administrator, or someone authorized
and directed by the Administrator, to keep up-to-date the certified
copy of the Code required to be filed in the Administrator'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.
[Amended 11-10-2016 by Res. No. 2016-05]
Copies of the Code, or any chapter or portion of it, may be
purchased from the Administrator or an authorized agent of the Administrator
upon the payment of a fee to be set by the Town Board. The Administrator
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 Buchanan to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a penalty as provided in § 1-7 of the Code.
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 § 1-25 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 March 16, 2010.
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.
A.
In compiling and preparing the ordinances for publication as the Code of the Town of Buchanan, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection C 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 following new ordinances are adopted as set forth in the copy of the Code on file in the Town Administrator's office: Chapter 10, Assessments and Special Charges; Chapter 18, Citations; Chapter 26, Emergency Management; Chapter 70, Map, Official; Chapter 102, Article IV, Treasurer; Chapter 383, Mobile Home Communities, Mobile Homes and Manufactured Homes; Chapter 450, Solid Waste; and Chapter 504, Article III, Stormwater Management.
[Amended 11-10-2016 by Res. No. 2016-05]
C.
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: Schedule A, which contains a complete description
of all changes, is on file in the office of the Town Administrator.
This ordinance shall take effect upon passage and publication
as required by law.
