[HISTORY: Adopted by the Village Board of the Village of
Rothschild as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-13-1967 as Secs. 18.01(1) to (5), 18.07, 18.08, 18.11 and 18.12
of the 1967 Code]
A.
Singular
and plural; male and female. Every word in this Code and in any ordinance
of the Village importing the masculine gender may extend and be applied
to females as well as males, and every word importing the singular
number only may extend and be applied to several persons and things
as well as to one person or thing, and every word importing the plural
number only may extend and be applied to one person or thing as well
as to several persons or things, provided that these rules of construction
shall not be applied to any provisions which shall contain any express
language excluding such construction or when the subject matter or
context of such provision may be repugnant thereto.
B.
Computation
of time. The time within which an act is to be done as provided in
any of the provisions of this Code, when expressed in days, shall
be computed by excluding the first day and including the last, except
that if the last day is Sunday it shall be excluded, and when any
such time is expressed in hours, the whole of Sunday from 12:00 midnight
to 12:00 midnight shall be excluded.
C.
Reasonable
time or notice. In all cases when an enactment shall require any act
to be done in a "reasonable time" or a "reasonable notice" is to be
given to any person, such reasonable time or notice shall be deemed
to mean such time only as may be necessary for the prompt execution
of such duty or compliance with such notice.
D.
"Person"
defined. The word "person" extends and applies to a corporation, firm,
association or partnership or body politic as well as to an individual.
E.
Acts
of agent. 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 requisition
shall be construed to include all such acts when done by an authorized
agent.
F.
Meaning
of term "Wisconsin Statutes." Wherever in this Code reference is made
to the "Wisconsin Statutes" or "state statutes" or "state law" or
"laws of the state" such term or terms shall mean the Wisconsin Revised
Statutes for the year 1965, unless the context clearly provides otherwise.
G.
Meaning
of terms "regulations" and "code." Wherever in this Code reference
is made to any "regulations" or "code" of any government or board,
bureau, commission or agency thereof, or of any private agency or
association, such term shall mean the regulations in effect on the
effective date of this Code, unless the context clearly provides otherwise.
A.
Any
person who shall violate any of the provisions of this Code or of
any ordinance of the Village of Rothschild where no specific penalty
is provided shall, upon conviction for a first offense, be punished
by a fine of not less than $10 nor more than $100. However, 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 $500 for each such offense.
[Amended 6-13-2016; 6-12-2017]
B.
Whenever
a fine is imposed as punishment for any offense or when a penalty
or forfeiture is recovered for doing any act or neglecting to do any
act by virtue of any of the provisions of this Code, the judgment
shall also include the costs of prosecution and shall provide for
imprisonment in the county jail for a period not exceeding six months
for default in the payment of such fine, penalty, forfeiture or costs.
All judgments shall be thus rendered whether the provision under which
a prosecution or proceeding is had shall specifically so direct or
not.
C.
Each
violation and each day a violation continues or occurs shall constitute
a separate offense.
[Added 6-12-2017]
D.
The
issuance of a citation under this section shall not preclude the Village
from proceeding under any other ordinance or law, or from the use
of any other enforcement method, including but not limited to a court-imposed
injunction, in order to enforce any ordinance, regulation or order.
[Added 6-12-2017]
[Adopted 6-25-2012]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Rothschild of a general and permanent nature adopted by the Village Board of the Village of Rothschild, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 590, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Rothschild," 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 Village
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 Village Clerk,
and such certified copy shall remain on file in the office of said
Village 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 Village Board to make them a part thereof, shall be deemed
to be incorporated into such Code so that reference to the "Code of
the Village of Rothschild" 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 Village of Rothschild, 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 Village 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 book.
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 Village 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 Village of Rothschild 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 § 1-2 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 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 Village
of Rothschild which is not in conflict with the provisions of the
Code shall be deemed to remain in full force and effect, provided,
further, that the following sections of the 1967 Code of Ordinances,
as amended, are specifically repealed:
Section 8.01, Board of Health and Health Officer
Section 8.02, Duties of Board of Health
Section 8.03, Health Officer
Section 8.05, Residences prohibited on tannery, packing house
or slaughterhouse premises
Section 8.06, Parent prohibited from sending children to school
in a filthy condition
Section 8.07, Infected persons and things, regulations
Section 8.11, Sale and distribution of milk and milk products
Section 8.12, Heating of apartment and rooming houses
Section 8.13, Restaurants
Section 11.05, Coin-operated music machines
Section 11.12, Rag dealers
Section 11.18, Pool and billiard tables
Section 11.20, Variance from navigable water regulations
Section 12.05, Civil defense in time of war
Section 12.06, Civil defense - war or peacetime
Section 13.02, Community antennas
Section 14.13, Landfill user charges
Section 15.02, Charges for curb stops
Section 16.03, Soft drinks
The adoption of this Code and the repeal of ordinances provided for in § 1-14 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 May 14, 2012.
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 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 charter
ordinances.
P.
Any ordinance
or portion of an ordinance establishing or amending a specific fee
amount for any license, permit or service obtained from the Village.
Q.
Any ordinance
or portion of an ordinance establishing or amending a deposit or bond
schedule.
R.
Any ordinance
or portion of an ordinance establishing or amending rates or charges
for water or sewer service.
A.
In compiling and preparing the ordinances for publication as the Code of the Village of Rothschild, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections B and 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 Village 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
changes are made throughout the Code:
(1)
References
to specific chapters and sections of the Wisconsin Statutes and Wisconsin
Administrative Code are amended to reflect the numbering of the statutes
and Administrative Code as of the publication of this Code.
(2)
References
to the "Department of Industry, Labor and Human Relations" and "Department
of Commerce" are amended to "Department of Safety and Professional
Services."
(3)
The
term "City" is amended to "Village" and the term "Common Council"
is amended to "Village Board."
(4)
Specific
fee amounts are removed and replaced with wording stating that fees
are set by the Village Board.
C.
The amendments
and/or additions as set forth in Schedule A[1] 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]
Editor's Note: In accordance with § 1-16C, the chapters, parts and sections which 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, deleted) 6-25-2012.” Schedule A, which contains a complete description of all changes, is on file in the Village offices.
This ordinance shall take effect upon passage and publication
as required by law.
