[HISTORY: Adopted by the Town Board of the Town of Addison
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-21-2015 by Ord. No. 2015-02]
Any person who shall violate any of the provisions of the Town
of Addison 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 Addison 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.
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 5-21-2015 by Ord. No. 2015-02]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Town of Addison of a general and permanent nature adopted by the Town Board of the Town of Addison, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 350, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Addison," 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 Town
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 Town Clerk, and such certified copy shall remain on file in the
office of said Town 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 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 Addison" 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 Town of Addison, 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 Town 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.
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 Town 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 Town of Addison to be misrepresented thereby. Anyone
violating this section or any part of this ordinance shall be subject,
upon conviction, to a forfeiture of not more than $500.
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.
A.
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 Town of Addison
which is not in conflict with the provisions of the Code shall be
deemed to remain in full force and effect.
The adoption of this Code and the repeal of ordinances provided for in § 1-16 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 January 15, 2015.
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.
Q.
Any ordinance or portion of an ordinance establishing or amending
a deposit or bond schedule.
R.
The Land Division Ordinance, adopted July 6, 1995, and any amendments
thereto.
S.
Ordinance No. 98-2, the Zoning Ordinance, adopted May 21, 1998, and
any amendments thereto.
T.
Ordinance No. 99-1, the Erosion Control and Stormwater Management
Ordinance, adopted February 18, 1999, and any amendments thereto.
U.
Ordinance No. 2009-05, Comprehensive Plan, adopted June 18, 2009,
and any amendments thereto.
A.
In compiling and preparing the ordinances for publication as the Code of the Town of Addison, 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 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 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: In accordance with § 1-18B, the chapters, parts and sections that 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, repealed) 5-21-2015 by Ord. No. 2015-02." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
C.
The following changes are made in the Code:
(1)
References to specific chapters and sections of the Wisconsin Statutes
and Wisconsin Administrative Code are revised to reflect the numbering
of the statutes and Administrative Code as of the publication of this
Code.
(2)
References to the "Department of Health and Social Services" and
"Department of Health and Family Services" are amended to read "Department
of Health Services."
(3)
References to the "Department of Industry, Labor and Human Relations"
and "Department of Commerce" are amended to read "Department of Safety
and Professional Services."
(4)
References to "Chairman" are amended to read "Chairperson."
This ordinance shall take effect upon passage and publication
as required by law.
