[HISTORY: Adopted by the Village Board of the Village of
Denmark as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-6-1998 by Ord.
No. 98-11 as §§ 25.01, 25.02, 25.03
and 25.04 of the 1998 Code]
In the construction of this Code of general ordinances, the
following rules shall be observed unless such construction would be
inconsistent with the manifest intent of the ordinance:
A.
Wisconsin
Statutes. The term "Wisconsin Statutes" or "Wis. Stats.," wherever
used in this Code, shall mean the Wisconsin Statutes as of the publication
of this Code, as amended or renumbered from time to time. The term
"Wisconsin Administrative Code" or "Wis. Adm. Code," wherever used
in this Code, shall mean the Wisconsin Administrative Code as of the
publication of this Code, as amended or renumbered from time to time.
[Amended 6-4-2018 by Ord.
No. 2018-04]
B.
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 provisions which shall contain any express
language excluding such construction or when the subject matter or
context of such provisions may be repugnant thereto.
C.
Person.
The word "person" extends and applies to natural persons, firms, corporations,
associations, partnerships or other bodies politic and all entities
of any kind capable of being sued unless plainly inapplicable.
D.
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 requirements
shall be construed to include all such acts when done by an authorized
agent.
A.
If the provisions
of the different chapters of this Code conflict with or contravene
each other, the provisions of each chapter shall prevail as to all
matters and questions arising out of the subject matter of such chapter.
B.
If any section,
subsection, sentence, clause or phrase of the Code is for any reason
held to be invalid or unconstitutional by reason of any decision of
any court of competent jurisdiction, such decision shall not affect
the validity of any other section, subsection, sentence, clause or
phrase or portion thereof. The Board hereby declares that it would
have passed this Code and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases or portions
may be declared invalid or unconstitutional.
Whenever in this Code any standard, code, rule, regulation or
other written or printed matter is adopted by reference, it shall
be deemed incorporated in this Code as if fully set forth herein,
and the Clerk shall file, deposit and keep in his office a copy of
the code, standard, rule, regulation or other written or printed matter
as adopted. Materials so filed, deposited and kept shall be public
records open for examination with proper care by any person during
the Clerk's office hours, subject to such orders or regulations
which the Clerk may prescribe for their preservation.
A.
General
penalty. Any person who shall violate any of the provisions of this
Code shall, upon conviction of such violation, where no other penalty
is prescribed, be subject to a forfeiture of not less than $25 nor
more than $2,500, together with the costs of prosecution, and in default
of payment of such forfeiture and costs of prosecution shall be imprisoned
in the county jail until said forfeiture and costs are paid, but not
exceeding 90 days.
[Amended 6-4-2018 by Ord.
No. 2018-04]
B.
Continued
violations. Each violation and each day a violation continues or occurs
shall constitute a separate offense. Nothing in this Code shall preclude
the Village from maintaining any appropriate action to prevent or
remove a violation of any provision of this Code.
C.
Execution
against defendant's property. Whenever any person fails to pay
any forfeiture and costs of prosecution upon the order of the court
for violation of any ordinance of the Village, the court may, in lieu
of ordering imprisonment of the defendant, or after the defendant
has been released from custody, issue an execution against the property
of the defendant for said forfeiture and costs.
D.
Court
authority to impose alternative juvenile dispositions and sanctions.
[Added 7-6-1999 by Ord.
No. 99-2]
(1)
For a juvenile adjudged to have violated an ordinance, a court is
authorized to impose any of the dispositions listed in §§ 938.343
and 938.344, Wis. Stats., in accordance with the provisions of those
statutes.
(2)
For a juvenile adjudged to have violated an ordinance who violates
a condition of a dispositional order of the court under §§ 938.343
and 938.344, Wis. Stats., the Municipal Court is authorized to impose
any of the sanctions listed in § 938.355(6)(d), Wis. Stats.,
in accordance with the provisions of those statutes.
(3)
For a juvenile adjudged to have violated an ordinance enacted under
§ 118.163(2), Wis. Stats., truancy and school dropout ordinance
violations, the Municipal Court is authorized to impose any of the
dispositions listed in § 938.342, Wis. Stats., in accordance
with the provisions of those statutes.
[Adopted 6-4-2018 by Ord.
No. 2018-04]
Pursuant to§ 66.0103, Wis. Stats., the ordinances of the Village of Denmark of a general and permanent nature adopted by the Village Board of the Village of Denmark, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 315, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Denmark," 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 and shall remain there tor 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, and such certified copy shall remain on file in
the office of said Village 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 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 Denmark" 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 Village of Denmark, 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 Village 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 Village 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 Village of Denmark 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 § 1-4 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 Denmark 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 sections of the 1998 Village Code are specifically repealed;
§ 1.06, Residency for Village employees; § 11.01,
Health Officer: duties and powers; and § 12.07, Public dance
halls.
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 March 5, 2018.
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 Village'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 the Zoning Map or otherwise rezoning
property.
O.
Any charter ordinances.
P.
Any ordinance or portion of an ordinance establishing or amending
a specific fee amount for any license, permit or service obtained
from the Village.
Q.
Any ordinance or portion of an ordinance establishing or amending
a deposit or bond schedule.
R.
Any ordinance or portion of an ordinance establishing or amending
rates or charges for water or sewer service.
A.
In compiling and preparing the ordinances for publication as the Code of the Village of Denmark, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection 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 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.
B.
The adoption of the Code includes the adoption of the following new ordinances: Chapter 11, Citations; Chapter 51, Law Enforcement; Chapter 77, Records; Chapter 105, Alcohol Beverages; Chapter 111, Animals; Chapter 135, Direct Sellers; Chapter 147, Fires and Fire Prevention; Chapter 151, Fireworks; Chapter 176, Licenses and Permits; Chapter 200, Nuisances; Chapter 208, Parks and Recreation; Chapter 213, Peace and Good Order; Chapter 234, Salvage Yards; Chapter 240, Sex Offenders; Chapter 252, Special Events, Block Parties and Parades; Chapter 256, Stormwater Management, Article I, Stormwater Management Utility; Chapter 273, Trees and Shrubs; and Chapter 296, Water, Article II, Cross-Connection Control and Backflow Prevention, and Article III, Well Abandonment.
C.
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 § 1-18C, 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) 6-4-2018 by Ord. No. 2018-04." 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.
