Village of Wild Rose, WI Chapter 1-1 Use and Construction

[HISTORY: Adopted by the Board of Trustees of the Village of Wild Rose. Amendments noted where applicable.]

§ 1-1-1 Title of Code; citation.

These collected ordinances shall be known and referred to as the "Municipal Code" or "Code of Ordinances, Village of Wild Rose, Wisconsin." References to the Code of Ordinances, Village of Wild Rose, Wisconsin, shall be cited as follows: "§ 1-1-1, Code of Ordinances, Village of Wild Rose, Wisconsin".

§ 1-1-2 Principles of construction.

The following rules or meanings shall be applied in the construction and interpretation of these ordinances unless such application would be clearly inconsistent with the plain meaning or intent of these 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 person, the requirement shall be construed to include all acts performed by such agents.

B. Codes and code of ordinances. The words "Codes" and "Codes of Ordinances" when used in any section of this Code shall refer to this Code of Ordinances of the Village of Wild Rose, unless the context of the section clearly indicates otherwise.

C. Computation of time. In computing any period of time prescribed or allowed by any ordinance, the day of the act or event from which the period of time begins to run 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 § 230.35(4) Wis. Stats.

D. Fine. The term "fine" shall be the equivalent of the word "forfeiture," and vice versa.

E. Gender. Every word in any ordinance referring to the masculine gender shall also be construed to apply to females.

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. 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.

I. 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.

J. Singular and plural. Every word in any ordinance referring to the singular number only shall also be construed to apply to several persons or things, and every word in any ordinances referred to a plural number shall also be construed to apply to one person or thing.

K. Tense. The use of any verb in the present tense shall not preclude the interpretation of the verb in the future tense where appropriate.

L. Wisconsin statutes. The term "Wisconsin Statutes" and its abbreviation as "Wis. Stats." shall mean, in these ordinances, the most current edition of the Wisconsin Statutes.

M. Wisconsin Administrative Code. The term "Wisconsin Administrative Code" and its abbreviation as "Wis. Adm. Code" shall mean the Wisconsin Administrative Code, in effect as of the adoption of this Code, and as amended or renumbered from time to time.

N. Village Clerk-Treasurer. References in the Code to the Village Clerk and Treasurer shall be construed to mean the combined office of Village Clerk-Treasurer established by Chapter 2-3 of this Code.

[Added at time of adoption of Code (see Ch. 1-2, Adoption of Code)]

§ 1-1-3 Conflict of provisions.

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.

§ 1-1-4 (Reserved) [1]

[1] Editor's Note: Former Sec. 1-1-4, Separability of provisions, was repealed at time of adoption of Code (see Ch. 1-2, Adoption of Code).

§ 1-1-5 (Reserved) [1]

[1] Editor's Note: Former Sec. 1-1-5, Effective date of ordinance, was repealed at time of adoption of Code (see Ch. 1-2, Adoption of Code).

§ 1-1-6 (Reserved) [1]

[1] Editor's Note: Former Sec. 1-1-6, Repeal of general ordinances, was repealed at time of adoption of Code (see Ch. 1-2, Adoption of Code).

§ 1-1-7 Citations for statutory counterpart ordinances.

[Amended at time of adoption of Code (see Ch. 1-2, Adoption of Code)]

On and after September 1, 2016, the use of a citation to be issued for violations of Village of Wild Rose ordinances, including ordinances for which a statutory counterpart exists, is authorized pursuant to § 66.0113 Wis. Stats. Citations issued pursuant to this section shall be on the Wisconsin Uniform Municipal Court Citation and Complaint form MC-2000. Village citations may be in the form set forth in § 66.0113, Wis. Stats., except when the use of other citations is prescribed by law, including, without limitation, § 345.11 (Uniform Traffic Citation), § 48.16, § 938.237, § 48.25(6) (Children's Code), § 778.25 (contains alcohol beverages, harassment and safety violations), and § 778.26 (Trespass), Wis. Stats.

§ 1-1-8 General penalty.

A. General penalty. A schedule of deposits (fines and forfeitures) for violations of Code of Ordinances shall be established by the Ordinance Committee and submitted to the Village Board for approval in accordance with Chapter 801, Wis. Stats., in its entirety. Any person convicted of violating any of the provisions of this Code shall be subject to a penalty contained in the Court Schedule, or as indicated below:

(1) First offense penalty. Any person who shall violate any provision of this Code shall, upon conviction thereof, forfeit the amount stipulated by the Village Board, $187, which includes court costs, surcharges, and assessments.[1]

[1] Editor's Note: Former Sec. 1-1-8(a)(2), Second offense penalty, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1-2, Adoption of Code).

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 initiating appropriate action to prevent or remove a violation of any provision of this Code.

C. Other remedies. In addition to assessing fines and forfeitures, plus costs, the Village of Wild Rose, through its Municipal Court, is authorized by state law to apply other forms of remediation to individuals convicted of violating the Code.