[Adopted 12-7-2005 as
Title 1, Ch. 1, Secs. 1-1-2, 1-1-6 and 1-1-7, of the 2005 Village
Code]
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 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 Ordinances of the Village of Argyle 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,
this Code is gender neutral and 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 offices 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.[1]
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 Argyle, Lafayette County,
Wisconsin.
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, be subject to a penalty, which
shall be as follows:
(1)
First offense - penalty. Any person who shall violate any provision
of this Code shall, upon conviction thereof, forfeit not less than
$25 nor more than $500 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 - penalty. Any person found guilty of violating any
ordinance or part of an ordinance of this Code who shall previously
have 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 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 of prosecution
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 Statutes in addition to the forfeitures and costs
of prosecution above.
D.
Court
authority to impose alternative juvenile dispositions and sanctions.
(1)
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 and this section.
(2)
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 of the sanctions listed in § 938.355(6)(d), Wis. Stats.,
in accordance with the provisions of those statutes.
(3)
This section is enacted under the authority of § 938.17(2)(cm),
Wis. Stats.
E.
Juvenile
disposition alternatives for alcohol/drug offenses.
(1)
If a juvenile is found to have engaged in underage drinking of alcohol,
drinking of alcohol on school premises or at a school-sponsored activity,
falsifying proof of age, possessing drug paraphernalia, delivery of
drug paraphernalia to a minor in violation of Village ordinances,
the Court may order any of the following:
(2)
In addition to the dispositions listed above, the Court may order
a juvenile to participate in a teen court program if the following
conditions are satisfied:
(a)
The chief judge of the judicial administrative district has approved
a teen court program established in the juvenile's county of
residence and the judge determines that participation in the court
program will likely benefit the juvenile and the community.
(c)
The juvenile has not successfully completed participation in a teen
court program during the two years before the date of the alleged
violation.
(3)
If the Court finds that a juvenile's parent or guardian is unable
to provide or refuses to provide court-ordered AODA services for a
juvenile through his or her health insurance or other third-party
payments, the Court may order the parent or health insurer to pay.
F.
Dispositional
alternatives for other ordinance violations. The Court may impose
one or more of the following dispositional alternatives against a
juvenile found to have violated a municipal ordinance for which no
penalty is otherwise provided, as follows:
(1)
Counseling for the juvenile and/or the parent or guardian.
(2)
A forfeiture not to exceed the maximum forfeiture that may be imposed
on an adult for committing the same violation.
(3)
If the forfeiture is for a violation that is only applicable to a
juvenile, the maximum forfeiture amount is $50 plus costs.
(5)
Order the juvenile to participate in a supervised work program or
other community service work.
(6)
Order participation in an AODA assessment, an outpatient AODA treatment
or an AODA education program.
(7)
Order participation in a pupil assistance program provided by the
juvenile's school, provided the juvenile's school agrees.
(8)
In addition to the dispositions listed above, the Court may order
a juvenile to participate in a teen court program if the following
conditions are satisfied:
(a)
The chief judge of the judicial administrative district has approved
a teen court program established in the juvenile's county of
residence and the judge determines that participation in the court
program will likely benefit the juvenile and the community.
(c)
The juvenile has not successfully completed participation in a teen
court program during the two years before the date of the alleged
violation.
G.
Violation
of juvenile dispositional orders. The Court may impose the following
sanctions on a juvenile who has violated a Village ordinance and who
has violated a condition of his or her dispositional order:
H.
Municipal
court costs. Pursuant to § 814.65(1), Wis. Stats., as amended,
the Village of Argyle authorizes the Municipal Judge to collect a
fee of $23 on each separate matter, whether it is on default of appearance,
a plea of guilty or no contest, on issuance of a warrant or summons,
or the action is tried as a contested matter.
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 Village
Clerk-Treasurer shall maintain in his/her office a copy of any such
material as adopted and as amended from time to time. Materials on
file at the Village Clerk-Treasurer's office shall be considered
public records open to reasonable examination by any person during
the office hours of the Village Clerk-Treasurer, subject to such restrictions
on examination as the Clerk-Treasurer imposes for the preservation
of the material.