[HISTORY: Adopted by the Town Board of the Town of Barton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-20-2012 by Ord. No. 12-001]
Any person who shall violate any of the provisions of the Town
of Barton Code shall, upon conviction of such violation, except where
a specific penalty is otherwise provided, be subject to a penalty,
which shall be as follows:
A.
First
offense. Any person who shall violate any provision of this Code subject
to a penalty shall, upon conviction thereof, forfeit not less than
$5 nor more than $500, together with the cost of prosecution and a
penalty assessment as provided under Wisconsin law, plus all court
costs, including fees prescribed under Wisconsin law, and, in default
of payment of such forfeiture and costs of prosecution, may be imprisoned
in the county jail until such forfeiture and costs are paid, but not
to exceed 90 days.
B.
Second
and further offenses. Any person found guilty of violating any ordinance
or part of an ordinance of the Town 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 $10 nor more
than $1,500 for each such offense, together with the costs of prosecution
and any penalty assessment as provided under Wisconsin law, plus court
costs and fees, and, in default of payment of such forfeiture and
costs, may be imprisoned in the county jail until such forfeiture
and costs of prosecution are paid, but not to exceed 90 days.
Each violation and each day a violation continues or occurs
shall constitute a separate offense. Nothing in this Code shall preclude
the Town of Barton from maintaining an appropriate action to prevent,
enjoin or remove a violation of any provision of this Code.
Whenever any person or entity fails to pay any forfeiture and
costs of prosecution upon the order of a court or forfeiture for violation
of any ordinance of the Town, the court may, in lieu of ordering imprisonment
of the defendant(s), or after the defendant(s) has been released from
custody, issue an execution against the property of the defendant(s)
for such forfeiture and costs.
[Added 10-20-2015 by Ord.
No. 15-2003]
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.
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.
C.
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.
D.
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.
E.
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.
F.
Shall and
may. "Shall" is mandatory; "may" is permissive.
G.
Tense. The
present tense includes the past and future tenses, and the future
includes the present.
[Adopted 10-20-2015 by Ord. No. 15-2003]
The purpose of this ordinance is to enact the codification for
the Code of the Town of Barton that has been prepared and authorized
by the Town Board for the Town of Barton.
The Town Board of the Town of Barton, Washington County, Wisconsin,
has the specific authority under § 66.0103, Wis. Stats.
to prepare and enact a Code of General Ordinances by enacting an ordinance
that incorporates the Code by reference.
This ordinance, adopted by a majority of the Town Board on a
roll call vote with a quorum present and voting and proper notice
having been given. provides the authority for the Town to enact the
Code of the "Town of Barton by enacting an ordinance that incorporates
the Code by reference.
The Code of the Town of Barton in book form which is entitled
"Code of the Town of Barton," having been placed on file and open
to the public for inspection in the office of the Town Clerk for a
period of two weeks commencing October 5. 2015, pursuant to § 66.0103,
Wis. Stats., is adopted as the General Code in and for the Town of
Barton, Washington County, Wisconsin. The Code of the Town of Barton
is incorporated in this ordinance by reference.
This ordinance is effective on publication or posting. The Town
Clerk shall properly post or publish this ordinance as required under
§ 60.80, Wis. Stats.
