[HISTORY: Adopted by the Village Board of the Village of Allouez as indicated in article histories. Amendments noted where applicable.]
[Adopted as §§ 1.02, 1.04, 1.05 and 1.06 of the Village Code]
General. Terms used in this Code, unless specifically defined in this Code, have the same meanings prescribed by the Wisconsin Statutes for the same terms, or if not defined in this Code or the statutes, then their usual and customary meanings.
Specific. Terms used in this Code have the following meanings:
- Includes the failure or omission to do something which should have been done, or which was required to be done, under the circumstances then existing.
- The Village Board of the Village of Allouez, and similarly the title of any other official, board or commission shall refer to that of the Village of Allouez unless otherwise stated.
- The Allouez Village Code (this Code).
- Brown County.
- An ordinance of the Village of Allouez and all amendments thereto included in this Code, and any ordinance passed and published but not yet included in this Code.
- Any natural individual, firm, partnership, trust, estate, club, association or corporation. As applied to partnerships or associations, the word includes the partners or members thereof; as applied to corporations, the word includes the officers, agents or employees thereof who are responsible for the act referred to. The singular person includes the plural, and the plural includes the singular. The masculine gender includes the feminine and neuter genders, and vice versa.
- State of Wisconsin.
- Village of Allouez, Brown County, Wisconsin.
- WISCONSIN STATUTES
- The latest publication thereof, and any and all amendments thereto as and when enacted.
Unless otherwise provided in this Code, this Code applies to acts performed within the Village of Allouez, Brown County, Wisconsin.
Standard penalty. Unless another penalty is expressly provided by the 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 herein by reference, shall, upon conviction, be subject to a forfeiture of not less than $1 nor more than $10,000 and the cost of prosecution. In default of immediate payment of such forfeiture and costs such person shall be committed to the Brown County jail until such forfeiture and costs are paid, or such person's driver's license may be suspended for a period of up to one year. Every commitment shall limit the duration of such imprisonment to a definite term not exceeding 90 days.
[Amended 2-7-2017 by Ord. No. 2017-02]
Each day a violation. Each act of violation, and every day upon which a violation occurs or continues, constitutes a separate offense.
Applicability. The penalty provided by this section and/or any section of this Code applies to the amendment of any section of this Code and any code adopted herein by reference to which the penalty relates, whether or not such penalty is reenacted in the amendatory ordinances, unless otherwise provided in the amendment.
Reference to sections. Reference to any section of this Code shall be understood also to refer to and include the penalty section relating thereto, unless otherwise expressly provided.
Failure of officers to perform duties. The failure of any officer or employee of the Village 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.
Alternative juvenile dispositions and sanctions.
The Municipal Court may impose any of the dispositions listed in §§ 938.343 and 938.344, Wis. Stats., in accordance with the provisions of those statutes, if a juvenile is adjudged to have violated a Village ordinance.
The Municipal Court may impose any of the sanctions listed in § 938.355(6)(d), Wis. Stats., in accordance with the provisions thereof, if a juvenile who is adjudged to have violated a Village ordinance violates a condition of a dispositional order of the Court under § 938.343 or 938.344, Wis. Stats.
Every person concerned in the commission of any act prohibited by this Code, whether he directly commits the act or in any way directs, encourages, advises, aids, or abets its commission, may be prosecuted and on conviction thereof is subject to punishment the same as if he had directly committed such act.
[Adopted 2-7-2017 by Ord. No. 2017-02]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Allouez of a general and permanent nature adopted by the Village Board of the Village of Allouez, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 475, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Allouez," 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-Treasurer 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-Treasurer, and such certified copy shall remain on file in the office of said Village Clerk-Treasurer to be made available to persons desiring to examine the same during all times while said Code is in effect.
Following a published notice of public hearing on January 20, 2017, and January 27, 2017, and a recommendation from the Village of Allouez Planning Commission, the Village Board of the Village of Allouez held a public hearing on February 7, 2017, and heard all interested persons on the creation of Chapter 460, Land Divisions, Chapter 468, Shoreland-Wetland Zoning, and Chapter 475, Zoning of the Code of the Village of Allouez.
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 Allouez" 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-Treasurer of the Village of Allouez, 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-Treasurer 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-Treasurer, or someone authorized and directed by the Clerk-Treasurer, to keep up-to-date the certified copy of the Code required to be filed in the Clerk-Treasurer'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-Treasurer or an authorized agent of the Clerk-Treasurer upon the payment of a fee to be set by the Village Board. The Clerk-Treasurer 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 Allouez 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 § 1-3 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 Allouez which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect. In addition, the following chapters and sections of the former Village Code of Ordinances are specifically repealed:
Section 2.01, Continuity of Government.
Section 2.04A, Community Relations — Social Development Commission.
Chapter 9, Park and Recreation Facilities, Activities, Programs and Personnel.
Chapter 22, Junk Dealers and Auto Salvage Dealers.
Chapter 33, Obscene Materials and Obscene Performances.
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:
Any ordinance adopted subsequent to September 6, 2016.
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.
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.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
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.
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.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
The levy or imposition of taxes, assessments or charges.
The annexation or dedication of property or approval of preliminary or final subdivision plats.
Ordinances providing for local improvements or assessing taxes or special assessments therefor.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
Any ordinances adopting or amending the Zoning Map or otherwise rezoning property.
Any charter ordinances.
Any ordinance or portion of an ordinance establishing or amending a specific fee amount for any license, permit or service obtained from the Village.
Any ordinance or portion of an ordinance establishing or amending a deposit or bond schedule.
Any ordinance or portion of an ordinance establishing or amending rates or charges for water or sewer service.
Chapter 32, Television Communications Network Franchises, of the former Village Code of Ordinances.
In compiling and preparing the ordinances for publication as the Code of the Village of Allouez, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections C and D 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.
The adoption of the Code includes the adoption of the following new ordinances: Chapter 103, Records; Chapter 145, Alcohol Beverages, Article I, Licensing; Chapter 234, Fires and Fire Prevention, Article IV, Flammable Liquids; Chapter 338, Plumbing; Chapter 350, Public Works; and Chapter 404, Trees and Shrubs.
The following changes are made throughout the Code:
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.
References to the "Department of Industry, Labor and Human Relations" and "Department of Commerce" are amended to "Department of Safety and Professional Services."
References to the "Department of Health," "Department of Health and Social Services" and "Department of Health and Family Services" are amended to "Department of Health Services."
The term "Chairman" is amended to "Chairperson."
References to the Village Clerk and Village Treasurer are amended to "Clerk-Treasurer."
The title "Zoning Board of Appeals" is amended to "Board of Appeals."
The title "Code Enforcement Officer" is amended to "Code and Safety Enforcement Coordinator."
The titles "Humane Officer" and "Animal Control Officer" are amended to "Animal Control/Humane Officer."
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.)
Editor's Note: In accordance with § 1-18D, 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) 2-7-2017 by Ord. No. 2017-02." 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.