[HISTORY: Adopted by the Board of Supervisors of Adams County
as indicated in article histories. Amendments noted where applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
BOARD
COUNTY
LAW
MONTH
OATH
OWNER
PERSON
PERSONAL PROPERTY
PRECEDING and FOLLOWING
PROPERTY
REAL PROPERTY
SIDEWALK
STATE
STREET
TENANT and OCCUPANT
WRITTEN
YEAR
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.
Includes money, goods, chattels, things in action and evidences
of debt.
Next before and next after, respectively.
Includes real and personal 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.
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.
B.
"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:
A.
Gender.
Each gender includes the masculine, feminine and neuter genders.
B.
Singular
and plural. The singular number includes the plural, and the plural
includes the singular.
C.
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:
A.
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.
B.
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:
A.
Ordinance No. 11-1894, bounty on wild animals.
B.
Ordinance No. 1-1930, highway widths.
C.
Ordinance No. 2-1940, Pension Department.
D.
Ordinance No. 2-1973, Community Mental Health, Mental Retardation,
Alcoholism and Drug Abuse Services, as amended by Ordinance No. 10-1974.
E.
The Sanitary Ordinance adopted August 1968 and amended by Ordinance
No. 8-1974.
F.
Ordinance No. 5-1976, An Ordinance Creating the Adams County Water
Safety Patrol.
G.
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:
A.
Any ordinance adopted subsequent to March 21, 2017.
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 County'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 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 County officers and employees.
M.
Any legislation relating to or establishing a pension plan or pension
fund for County employees.
N.
Any ordinances adopting or amending a zoning map or otherwise rezoning
property.
O.
Any ordinance or portion of an ordinance establishing a specific
fee amount for any license, permit or service obtained from the County.
P.
Any charter ordinance.
Q.
Any ordinance or portion of an ordinance establishing or amending
a deposit or bond schedule.
A.
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.
C.
The following changes are made throughout 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 the "Planning and Development Committee" and "Zoning
Commission" are amended to "Planning and Zoning Committee."
(5)
References to the "Planning Director," "Planning and Zoning Director"
and "Zoning Administrator" are amended to "Planning and Zoning Administrator."
(6)
References to the "Zoning Department" are amended to "Planning and
Zoning Department."
(7)
References to the "Sheriff's Department" and "Law Enforcement
Department" are amended to "Sheriff's Office."
(8)
References to the "Health Department" and "Public Health Department"
are amended to the "Health and Human Services Department."
(9)
The titles "Chairman" and "Chairperson" are amended to "Chair."
D.
In addition, 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 § 1-24D, 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.
