These collected Ordinances shall be known and referred to as the "Code of Ordinances, Village of Monticello, Wisconsin" References to the Code of Ordinances, Village of Monticello, Wisconsin, shall be cited as follows: "§ 2-1-1, Code of Ordinances, Village of Monticello, Wisconsin."
The following rules or meanings shall be applied in the construction and interpretation of ordinances codified in this Code of Ordinances unless such application would be clearly inconsistent with the plain meaning or intent of the ordinances:
Acts by agents. When an ordinance requires an act be done by a person which may be legally performed by an authorized agent of that principal person, the requirement shall be construed to include all acts performed by such agents.
Village. "Village" shall refer to the Village of Monticello, Green County, Wisconsin.
Code and Code of Ordinances. The words "Codes," "Municipal Code" and "Code of Ordinances" when used in any section of this Code shall refer to this Code of Ordinances of the Village of Monticello unless the context of the section clearly indicates otherwise.
Computation of time. In computing any period of time prescribed or allowed by these Ordinances, the day of the act or event from which the period of time begins to run shall not be included, but the last day of the period shall be included, unless it is a Saturday, a Sunday or a legal holiday. If the period of time prescribed or allowed is less than seven days, Saturdays, Sundays and legal holidays shall be excluded in the computation. As used in this section, "legal holiday" means any statewide legal holiday specified by state law and any other Village holiday designated by the Village Board.
Fine. The term "fine" shall be the equivalent of the words "forfeiture, or "bond" and vice versa.
Gender. Every word in these Ordinances referring to the masculine gender shall also be construed to apply to females, and vice versa.
General Rule. All words and phrases shall be construed according to their plain meaning in common usage. However, words or phrases with a technical or special meaning shall be understood and construed according to that technical or special meaning if such is the intent of the Ordinances.
Joint authority. All words purporting to give a joint authority to three or more Village officers or employees shall be construed as giving such authority to a majority of such officers of other persons.
Person. The word "person" shall mean any of the following entities: natural persons, corporations, partnerships, associations, bodies politic or any other entity of any kind which is capable of being sued.
Repeal. When any ordinance having the effect of repealing a prior ordinance is itself repealed, such repeal shall not be construed to revive the prior ordinance or any part thereof, unless expressly so provided.
Singular and plural. Every word in these Ordinances referring to the singular number only shall also be construed to apply to several persons or things, and every word in these Ordinances referred to as a plural number shall also be construed to apply to one person or thing.
Tense. The use of any verb in the present tense shall not preclude the interpretation of the verb in the future tense where appropriate.
Wisconsin statutes. The term "Wisconsin Statutes" and its abbreviation as "Wis. Stats." shall mean, in these Ordinances, the Wisconsin Statutes for the year 2007-08, as amended.
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.
If the provisions of different chapters conflict with each other, the provisions of each individual chapter shall control all issues arising out of the events and persons intended to be governed by that chapter.
If the provisions of different sections of the same chapter conflict with each other, the provision which is more specific in its application to the events or persons raising the conflict shall control over the more general provision.
If any provision of this Code of Ordinances 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 provisions of these Ordinances.
Code. The Code of Ordinances, Village of Monticello, Wisconsin, shall take effect from and after passage and publication as provided by state law.
Subsequent ordinances. Ordinances passed by the Village Board subsequent to the adoption of the Code of Ordinances, except when otherwise specifically provided, shall take effect from and after their publication.
Ordinances repealed. All general Ordinances heretofore adopted by the Village Board are hereby repealed. This shall not include any Ordinances or parts of Ordinances or resolutions relating to the following subjects and not conflicting with the provisions of this Code, except that some of the following provisions may be amended by this Code of Ordinances:
Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance;
Any ordinance or resolution promising or guaranteeing the payment of money for the Village, or any contract or obligations assumed by the Village;
The administrative Ordinances or resolutions of the Village not in conflict or inconsistent with the provisions of the Code;
Any appropriation ordinance or resolution;
Any right or franchise granted by the Village Board to any person, firm or corporation;
Any ordinance or resolution dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening, vacating, etc., any street or public way in the Village;
Any ordinance or resolution establishing or prescribing the street grades of any streets in the Village;
Any ordinance or resolution providing for local improvements or assessing taxes or special assessments therefor;
Any ordinance or resolution dedicating or accepting any plat or subdivision in the Village;
Any ordinance annexing property to the Village;
Any ordinance or resolution regulating the erection, alteration, repair, maintenance, demolition, moving or removal of buildings or other structures;
Zoning ordinances; dwelling building code; and other building code ordinances.
The issuance of corporate bonds and notes of the Village of whatever name or description.
Water and sewer rates, rules and regulations and sewer and water main construction.
Ordinances establishing bulkhead lines.
Effect of Repeals. The repeal or amendment of any provision of this Code or of any other ordinance or resolution of the Village Board shall not:
Affect any rights, privileges, obligations or liabilities which were acquired or incurred or which had accrued under the repealed or amended provision, unless the Village has expressly reserved the right to revoke such right, privilege, obligation or liability.
Any offense, penalty or forfeiture, or prosecution for any offense, or levy of any penalty or forfeiture which has arisen prior to the repeal or amendment of the relevant provision of any ordinance or resolution. The preceding sentence shall not preclude the application of a lesser penalty or forfeiture if the new amending or repealing provision contains such a lesser penalty or forfeiture. The procedure for prosecution of any violations of Ordinances repealed or amended shall be conducted according to the procedure set forth in the new amending or repealing provision or other procedure currently in effect.
General penalty. Except where a penalty is provided elsewhere in this Code, any person who shall violate any of the provisions of this Code shall, upon conviction of such violation, be subject to a penalty, which shall be as follows:
First offense — penalty. Any person who shall violate any provision of this Code shall, upon conviction thereof, forfeit not less than $25 nor more than $1,000, together with the costs of prosecution and, in default of payment of such forfeiture and costs of prosecution, shall be imprisoned in the Green County Jail until such forfeiture and costs are paid, but not exceeding 90 days.
Second and subsequent offenses — penalty. Any person found guilty of violating any ordinance or part of an ordinance of this 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 $50 nor more than $1,000 for each such offense, together with costs of prosecution and, in default of payment of such forfeiture and costs, shall be imprisoned in the Green County Jail until such forfeiture and costs of prosecution are paid, but not exceeding six months.
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.
The Village shall have any and all other remedies afforded by the Wisconsin Statutes in addition to the forfeitures and costs of prosecution above.
Execution against defendant's property. Whenever any person fails to pay a forfeiture and costs of prosecution upon the order of any 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.
Whenever any standard code, rule, regulation, statute 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 Village Clerk-Treasurer shall maintain in his office a copy of any such material as adopted and as amended from time to time. Materials on file at the Village Clerk-Treasurer's office shall be considered public records open to reasonable examination by any person during the office hours of the Village Clerk-Treasurer subject to such restrictions on examination as the Village Clerk-Treasurer imposes for the preservation of the material.