[HISTORY: Adopted by the Village Board of the Village of
Winneconne as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Title 1, Ch. 1, §§ 1-1-2, 1-1-3,
1-1-6 and 1-1-7, of the 2012 compilation of ordinances, as amended
through 5-22-2013]
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:
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 "Codes," "Code of Ordinances" and
"Municipal Code," when used in any section of this Code shall refer
to this Code of Ordinances of the Village of Winneconne 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 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.
D.
Fine.
The term "fine" shall be the equivalent of the word "forfeiture,"
and vice versa.
E.
Gender.
Use has been made of masculine pronouns in these Ordinances solely
for the sake of brevity. Unless specifically stated to the contrary,
this Code of Ordinances is gender neutral and words in these Ordinances
referring to the masculine gender shall also be construed to apply
to females, and vice versa.
F.
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.
G.
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 or other persons.
H.
Officers.
The term "officers" shall refer solely to local offices created by
state statute.
I.
Officials.
The term "officials" shall mean all Village officers and employees.
J.
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.
K.
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.
L.
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 referring to a plural number
shall also be construed to apply to one person or thing.
M.
Tense.
The use of any verb in the present tense shall not preclude the interpretation
of the verb in the future tense where appropriate.
N.
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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
O.
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.
P.
Village.
The term "Village" shall mean the Village of Winneconne, Winnebago
County, Wisconsin.
A.
If 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
provisions.
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:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
First offense — penalty. Any person who shall violate any provision
of this Code shall, upon conviction thereof, forfeit not less than
$5 nor more than $500, together with costs and, in default of payment
of such forfeiture and costs, shall be imprisoned in the County Jail
until such forfeiture and costs are paid.
(2)
Second offense — 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 $1,500 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 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 Village from maintaining any appropriate action to prevent or
remove a violation of any provision of this Code.
C.
Other
remedies. The Village shall have any and all other remedies afforded
by the Wisconsin Statutes in addition to the forfeitures and costs
of prosecution above.[1]
[1]
Editor's Note: The following subsections of original Sec. 1-1-6 of the 2012 compilation of ordinances, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II): Subsection (d), Court authority to impose alternative juvenile dispositions and sanctions; Subsection (e), Juvenile disposition alternatives for alcohol/drug offenses; Subsection (f), Dispositional alternatives for other ordinance violations; and Subsection (g), Violation of juvenile dispositional orders. See now Ch. 352, Juveniles, § 352-5C through F.
D.
Municipal
court costs. Pursuant to § 814.65(1), Wis. Stats., as amended,
the Village of Winneconne authorizes the Municipal Judge to collect
the highest fee allowed by law on each separate matter, whether it
is on default of appearance, a plea of guilty or no contest, on issuance
of a warrant or summons, or the action is tried as a contested matter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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/her 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 Clerk-Treasurer imposes for the preservation
of the material.
[An ordinance adopting the Code of the Village of Winneconne and making certain substantive changes to existing ordinances of the Village is presently proposed before the Village Board of Trustees. Upon final adoption, it will be included here as Article II of this chapter.]
