[HISTORY: Adopted by the Town Board of the Town of Vinland
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 1, Ch. 1, §§ 1-1-2, 1-1-3,
1-1-5 to 1-1-7, of the 2004 Code]
The following rules or meanings shall be applied in the construction
and interpretation of ordinances codified in this Code unless such
application would be clearly inconsistent with the plain meaning or
intent of the ordinance:
A.
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.
B.
Code
and code of ordinances. The words "Code," "Code of Ordinances" and
"Municipal Code," when used in any section of this Code, refer to
this code of ordinances of the Town of Vinland, unless the context
of the section clearly indicates otherwise.
C.
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 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 state-wide legal holiday specified by state law.
D.
Fine.
The term "fine" shall be the equivalent of the word "forfeiture,"
and vice versa.
E.
Gender.
Every word in these ordinances referring to gender shall be gender-neutral.
F.
General
rule. All words and phrases shall be constructed 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 ordinance.
G.
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.
H.
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is itself repealed, such repeal shall not be construed to revive the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.
I.
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 the plural
number shall also be construed to apply to one person or thing.
J.
Tense.
The use of any verb in the present tense shall not preclude the interpretation
of the verb in the future tense, where appropriate.
K.
Town.
The term "Town" shall mean the Town of Vinland, Winnebago County,
Wisconsin.
L.
Wisconsin
Statutes. The term "Wisconsin Statutes" and its abbreviation as "Wis.
Stats." shall mean, in these ordinances, the Wisconsin Statutes as
of the adoption of this Code, as amended or renumbered from time to
time.
[Amended 3-17-2017 by Ord. No. 01-2017]
M.
Wisconsin
Administrative Code. The term "Wisconsin Administrative Code" and
its abbreviation "Wis. Adm. Code" shall mean the Wisconsin Administrative
Code as of the adoption of this Code, as amended or renumbered from
time to time.
N.
ANNUAL TOWN MEETING
SPECIAL TOWN MEETING
TOWN MEETING
In
this Code, the following terms shall have the meanings indicated in
this subsection:
[Added 3-17-2017 by Ord.
No. 01-2017]
The Town meeting held under § 60.11, Wis. Stats.
A Town meeting, other than the Annual Town Meeting, held
under § 60.12, Wis. Stats.
The Annual Town Meeting or a Special Town Meeting.
A.
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.
B.
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.
A.
Code.
The Code of Ordinances, Town of Vinland, Winnebago County, Wisconsin,
shall take effect as provided by state law.
B.
Subsequent
ordinances. All ordinances passed by the Town Board subsequent to
the adoption of the Code of Ordinances, except when otherwise specifically
provided, shall take effect from and after their publication or legal
posting.
A.
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:
(1)
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 $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 such forfeiture and costs
are paid, but not exceeding 90 days.
(2)
Second offense - penalty. Any person found guilty of violating any
ordinance or part of any 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 County Jail until such forfeiture and costs of prosecution
are paid, but not exceeding six months.
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 Town from maintaining any appropriate action to prevent or remove
a violation of any provision of this Code.
C.
Other
remedies. The Town shall have any and all other remedies afforded
by the Wisconsin Statutes in addition to the forfeitures and costs
of prosecution above.
D.
Court
authority to impose alternative juvenile dispositions and sanctions.
(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 938.44, Wis. Stats., in accordance with the provisions of those
statutes and this section.
(2)
For a juvenile adjudged to have violated an ordinance who violates
a condition of a dispositional order of the court under § 938.34
or 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)
This section in enacted under the authority of § 938.17(2)(cm),
Wis. Stats.
E.
Juvenile
disposition alternatives for alcohol/drug offenses. (Reserved for
future use)
F.
Dispositional
alternatives for other ordinance violations. (Reserved for future
use)
G.
Violation
of juvenile dispositional orders. (Reserved for future use)
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 Town
Clerk shall maintain in her/his office a copy of any such material
as adopted and as amended from time to time. Materials on file at
the Town Clerk's office shall be considered public records open to
reasonable examination by any person during the office hours of the
Town Clerk, subject to such restrictions on examination as the Clerk
imposes for the preservation of the material.
[Adopted 3-13-2017 by Ord. No. 01-2017]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Town of Vinland of a general and permanent nature adopted by the Town Board of the Town of Vinland, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 410, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Vinland," 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 Town
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 Town Clerk, and such certified copy shall remain on file in the
office of said Town 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 Town Board to make them a part thereof, shall be deemed to
be incorporated into such Code so that reference to the "Code of the
Town of Vinland" 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 Town of Vinland, 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 Town 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 Town 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 Town of Vinland to be misrepresented thereby. Anyone
violating this section or any part of this ordinance shall be subject,
upon conviction, to a forfeiture of not more than $500.
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.
A.
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 Town of Vinland
which is not in conflict with the provisions of the Code shall be
deemed to remain in full force and effect.
The adoption of this Code and the repeal of ordinances provided for in § 1-17 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 November 9, 2015.
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 Town'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 a zoning map or otherwise rezoning
property.
O.
Any charter ordinances.
P.
Any ordinance or portion of an ordinance establishing a specific
fee amount for any license, permit or service obtained from the Town.
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 the Town of Vinland, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B 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 Town 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 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 § 1-19B, the chapters, parts, articles and sections that 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) 3-17-2017 by Ord. No. 01-2017." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
This ordinance shall take effect upon passage and publication
as required by law.
