[HISTORY: Adopted by the Village Board of the Village of Pleasant Prairie as indicated in article histories. Amendments noted where applicable.]
Article I Construction and Penalties
Article II Adoption of Code
[Adopted 5-2-1988 as §§ 25.01, 25.02(1), 25.03 and 25.04 of the 1988 Code]
In the construction of this Code, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the ordinance:
Wisconsin Statutes. All references to "Wisconsin Statutes" or "Wis. Stats." shall mean the Wisconsin Statutes in effect at the time of publication of this Code and any amendments thereto.
[Amended 4-18-2005 by Ord. No. 05-13]
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 provision which contains any express language excluding such construction or when the subject matter or context of such provision may be repugnant thereto.
Person. The word "person" extends and applies to natural persons, firms, corporations, associations, partnerships or other bodies politic and to all entities capable of being sued, unless plainly inapplicable.
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 requirement shall be construed to include all such acts when done by an authorized agent.
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.
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.
General penalty. Except as otherwise provided, 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. 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 a penalty assessment and the costs of prosecution, and in default of payment of such forfeiture, assessment and costs of prosecution shall be imprisoned in the county jail until such forfeiture, assessment and costs are paid, but not exceeding 90 days.
Second offense. Any person found guilty of violating any ordinance or part of an ordinance of this Code who has previously been convicted of a violation of the same ordinance within one year shall, upon conviction thereof, forfeit not less than $10 nor more than $500 for each such offense, together with a penalty assessment and the costs of prosecution, and in default of payment of such forfeiture, assessment and costs shall be imprisoned in the county jail until such forfeiture, assessment and costs 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.
Execution against defendant's property. Whenever any person fails to pay any forfeiture, penalty assessment 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 such forfeiture, assessment and costs.
Violation of Chapter 250, §§ 250-1 and 250-4A(12). Any person who shall violate Chapter 250, § 250-1 or 250-4A(12) of this Code as those sections relate to prostitution, patronizing prostitutes or pandering, shall, upon conviction thereof, be subject to the provisions of Chapter 1, § 1-4A to C, provided that the forfeitures for these violations shall be $2,000 for his or her first offense, $3,000 for his or her second offense within a calendar year of the first offense, and $5,000 for each additional offense within a calendar year of the first offense.
[Added 1-7-2013 by Ord. No. 13-03]
For a juvenile adjudged to have violated an ordinance, the Municipal Court is authorized to imposed any of the dispositions listed in §§ 938.343 and 938.344, Wis. Stats., in accordance with the provision of those statutes.
For a juvenile adjudged to have violated an ordinance who violates a condition of a disposition order of the court under § 938.343 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.
This section is enacted under the authority of § 938.17(2)(cm), Wis. Stats.
[Adopted 4-18-2005 by Ord. No. 05-13]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Pleasant Prairie of a general and permanent nature adopted by the Village Board of the Village of Pleasant Prairie, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 420, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Pleasant Prairie," 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, in loose-leaf form, has been filed in the office of the Village Clerk and has remained 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 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 Pleasant Prairie" 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 printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto.
The Clerk of the Village of Pleasant Prairie, pursuant to law, shall cause to be posted, in the manner required by law, a copy of this Adoption 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 enactment and posting 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 book containing 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 printed as supplements to said Code book, at which time such supplements shall be inserted therein.
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 Pleasant Prairie to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a fine of not less than $10 nor more than $500 for each such offense, together with a penalty assessment and the costs of prosecution, and in default of payment of such forfeiture, assessment and costs shall be imprisoned in the county jail until such forfeiture, assessment and costs are paid, but not exceeding six months.
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.
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 of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this Adoption Ordinance, except as hereinafter provided.
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:
Any ordinance adopted subsequent to December 20, 2004.
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.
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.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
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.
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.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
The levy or imposition of taxes, assessments or charges.
The annexation or dedication of property or approval of preliminary or final subdivision plats.
Ordinances providing for local improvements or assessing taxes or special assessments therefor.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
Any ordinances adopting or amending the Zoning Map.
In compiling and preparing the ordinances for publication as the Code of the Village of Pleasant Prairie, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections B and C hereof. In addition, 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.
The following changes are made throughout the Code:
References to specific chapters and sections of the Wisconsin Statutes are revised to reflect the numbering of the statutes as of the publication of this Code.
References to the State Department of Health and Social Services (HSS) are amended to refer to the Department of Health and Family Services (HFS).
References to the State Department of Industry, Labor and Human Relations (ILHR) are amended to refer to the Department of Commerce (COMM).
References to the "Town" of Pleasant Prairie are amended to refer to "Village"; references to the "Town Chairman" are amended to read "Village President."
References to the "School Committee" are amended to read "School Commission."
References to the "Planning Commission" are amended to read "Plan Commission."
References to the "Board of Police and Fire Commissioners" are amended to read "Police and Fire Commission."
References to the "Board of Appeals" are amended to read "Zoning Board of Appeals."
References to the "Board of Park Commissioners" are amended to read "Park Commission."
References to the "Superintendent of Highways," "Director of Public Works," "Superintendent of Public Works" and "Highway Foreman" are amended to read "Superintendent of Streets" except in §§ 305-42 and 305-45, where "Superintendent of Highways" is amended to read "Village Engineer."
In addition, 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.)
Editor's Note: In accordance with § 1-19C, the chapters, parts and sections which were added or amended 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 or additions will be replaced with the following history: "Amended (added) 4-18-2005 by Ord. No. 05-13." Schedule A, which contains a complete description of all changes, is on file in the Village offices.
In addition, the amendments and/or additions as set forth in Schedule B related to Chapter 395 are attached hereto and made a part hereof and are made herewith, to become effective upon the effective date of this ordinance as recommended by the Village Plan Commission at a public hearing held on February 28, 2005.
Editor's Note: Schedule B is on file in the Village offices.
In addition, the amendments and/or additions as set forth in Schedule C related to Chapter 420 are attached hereto and made a part hereof and are made herewith, to become effective upon the effective date of this ordinance as recommended by the Village Plan Commission at a public hearing held on March 14, 2005.
Editor's Note: Schedule C is on file in the Village offices.
The amendments set forth in Schedule D attached hereto and made a part hereof are made herewith, as adopted by the Village Board of Trustees of the Village of Pleasant Prairie from January 17, 2005, through March 7, 2005. Said ordinances will be renumbered and included during future supplementation.
Editor's Note: Schedule D is on file in the Village offices.
This ordinance shall take effect upon passage and publication as required by law.