[HISTORY: Adopted by the Board of Supervisors of Adams County as indicated in article histories. Amendments noted where applicable.]
Article I Construction and Penalties
Article II Adoption of Code
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The following words and phrases, whenever used in the ordinances of Adams County, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words and phrases:
- The Adams County Board of Supervisors. "All its members" or "all Supervisors" means the total number of Supervisors holding office.
- Adams County, Wisconsin.
- Denotes applicable federal law, the Constitution and statutes of the State of Wisconsin, the ordinances of Adams County and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
- A calendar month.
- Includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
- Applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of such building or land.
- Includes a natural person, joint venture, joint-stock company, partnership, association, club, company, corporation, business, trust, organization or the manager, lessee, agent, servant, officer or employee of any of them.
- PERSONAL PROPERTY
- Includes money, goods, chattels, things in action and evidences of debt.
- PRECEDING and FOLLOWING
- Next before and next after, respectively.
- Includes real and personal property.
- REAL PROPERTY
- Includes lands, tenements and hereditaments.
- That portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
- The State of Wisconsin.
- Includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in this County which have been or may hereafter be dedicated and open to public use or such other public property so designated in any law of this state.
- TENANT and OCCUPANT
- Applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others.
- Includes printed, typewritten, mimeographed, multigraphed or otherwise reproduced in a permanent visible form.
- A calendar year.
"May" is permissive. "Must" and "shall" are each mandatory.
Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the County.
All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
The following grammatical rules shall apply in the ordinances of the County, unless it is apparent from the context that a different construction is intended:
Gender. Each gender includes the masculine, feminine and neuter genders.
Singular and plural. The singular number includes the plural, and the plural includes the singular.
Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.
When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent.
Whenever in the ordinances of the County any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.
Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded.
The provisions of the ordinances of the County, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice.
The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby.
In any case where there is a violation of any County ordinance for which no penalty is provided, the person violating the same shall be subject to a forfeiture of not less than $10 nor more than $200 for each offense, except as provided in the following subsections:
No violation of any ordinance of the County shall be or be construed to be a misdemeanor, nor shall imprisonment be imposed as a punishment for violation of any ordinance of the County except in the event of a failure of the defendant to pay the forfeiture imposed by the court, any other provision of the general ordinances of the County to the contrary notwithstanding.
When a forfeiture is imposed for the violation of any ordinance of the County or any section thereof the court may also order the defendant to pay the cost of the action and to be imprisoned until such forfeiture and costs are paid, in no case, however, to exceed six months, and the court may also issue an execution against the property of the defendant for said forfeiture and costs.
[Adopted 6-20-2017 by Ord. No. 18-2017]
Pursuant to § 66.0103, Wis. Stats., the ordinances of Adams County of a general and permanent nature adopted by the Board of Supervisors of Adams County, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 405; are hereby approved, adopted, ordained and enacted as the "Code of Adams County," 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 County 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 County Clerk, and such certified copy shall remain on file in the office of said County 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 Board of Supervisors to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of Adams County" 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 Adams County Clerk, 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 County 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 Board of Supervisors. 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 Adams County 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 § 1-10 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 Adams County 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 County ordinances are specifically repealed:
Ordinance No. 11-1894, bounty on wild animals.
Ordinance No. 1-1930, highway widths.
Ordinance No. 2-1940, Pension Department.
Ordinance No. 2-1973, Community Mental Health, Mental Retardation, Alcoholism and Drug Abuse Services, as amended by Ordinance No. 10-1974.
The Sanitary Ordinance adopted August 1968 and amended by Ordinance No. 8-1974.
Ordinance No. 5-1976, An Ordinance Creating the Adams County Water Safety Patrol.
Ordinance No. 12-1981, Policy on Legal Settlement and Work Relief in General Relief.
The adoption of this Code and the repeal of ordinances provided for in § 1-22 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to March 21, 2017.
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 County'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 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 County officers and employees.
Any legislation relating to or establishing a pension plan or pension fund for County employees.
Any ordinances adopting or amending a zoning map or otherwise rezoning property.
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the County.
Any charter ordinance.
Any ordinance or portion of an ordinance establishing or amending a deposit or bond schedule.
In compiling and preparing the ordinances for publication as the Code of Adams County, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections C and D hereof. In addition, 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 Board of Supervisors 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 following changes are made throughout the Code:
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.
References to the "Department of Health and Social Services" and "Department of Health and Family Services" are amended to read "Department of Health Services."
References to the "Department of Industry, Labor and Human Relations" and "Department of Commerce" are amended to read "Department of Safety and Professional Services."
References to the "Planning and Development Committee" and "Zoning Commission" are amended to "Planning and Zoning Committee."
References to the "Planning Director," "Planning and Zoning Director" and "Zoning Administrator" are amended to "Planning and Zoning Administrator."
References to the "Zoning Department" are amended to "Planning and Zoning Department."
References to the "Sheriff's Department" and "Law Enforcement Department" are amended to "Sheriff's Office."
References to the "Health Department" and "Public Health Department" are amended to the "Health and Human Services Department."
The titles "Chairman" and "Chairperson" are amended to "Chair."
In addition, 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 § 1-24D, the chapters, parts and sections which were added, amended, adopted or repealed 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) 6-20-2017 by Ord. No. 18-2017." Schedule A, which contains a complete description of all changes, is on file in the County offices.
This ordinance shall take effect upon passage and publication as required by law.