[Adopted 8-16-2021 by Ord. No. 21-18]
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 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. The adoption of this ordinance shall not affect any action,
prosecution or proceeding brought for the enforcement of any right
or liability established, accrued or incurred under any legislative
provision prior to the effective date of this ordinance for the time
that such provision was in effect, and the repeal of any such provisions
is stayed pending the final resolution of such actions, including
appeals.
In accordance with § 66.0103, Wis. Stats., a copy
of the Code has been filed in the office of the Village Clerk and
made available for public inspection for not less than two weeks prior
to adoption of this ordinance; and following adoption of this ordinance,
such copy shall be maintained and available for public inspection
in the office of the Village Clerk.
Additions or amendments to the Code, when adopted in such form
as to indicate the intent 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 and amendments.
The Clerk of the Village of Pleasant Prairie shall cause notice of the passage of this ordinance to be given in the manner required by law. The notice of passage of this ordinance coupled with the filing of the Code in the office of the Village Clerk as provided in § 1-9 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, alter or tamper with the Code in any manner, which will cause the laws of the Village of Pleasant Prairie to be misrepresented. Thereby, anyone violating this section shall be subject, upon conviction, to a penalty as provided in § 1-4 of the Code.
Each section of this ordinance and 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.
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 Village of Pleasant
Prairie which is not in conflict with the provisions of the Code shall
be deemed to remain in full force and effect.
B.
The following have been excluded from the Code and are specifically
repealed:
(1)
Chapter 18, Article VIII, Convention and Tourism Commission, adopted December 18, 2017, by Ordinance No. 17-70.
(2)
Chapter 68, Article II, Rental of Fire Station No. 2 Training Room, adopted December 15, 1997, amended February 6, 2012, by Ord. No. 12-10.
(3)
Chapter 125, Mass Public Assemblies, adopted May 2, 1988, as § 12.06
of the 1988 Code.
(4)
Chapter 143, Cable Television, adopted May 2, 1988, as Ch. 22 of
the 1988 Code.
(5)
Chapter 162, Drugs and Drug Paraphernalia, adopted March 20, 1995.
(6)
Chapter 225, Massage Therapists, adopted June 16, 1997.
(7)
Chapter 290, Social Host, adopted April 2, 2012, by Ord. No. 12-13.
The adoption of this Code and the repeal of ordinances provided for in § 1-16 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 March 15, 2021.
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, naming, 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 Village'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 the Zoning Map or otherwise rezoning
property.
O.
Any charter ordinances.
P.
Any ordinance or portion of an ordinance establishing or amending
a specific fee amount for any license, permit or service obtained
from the Village.
Q.
Any ordinance or portion of an ordinance establishing or amending
a deposit or bond schedule.
R.
Any ordinance or portion of an ordinance establishing or amending
rates or charges for water or sewer service.
A.
In preparing the revision and codification of the ordinances, certain
minor grammatical and no substantive changes were made in one or more
of said ordinances, and references to state statutes and regulations
were updated to reflect the numbering and titles of the statutes and
regulations as of the publication of this Code. It is the intention
of the Village Board that all such changes be adopted as part of the
Code as if the ordinances so changed had been formally amended to
read as such.
B.
The following changes are made throughout the Code:
(1)
References to specific chapters and sections of the Wisconsin Statutes
and Wisconsin Administrative Code are revised to reflect the numbering
of the statutes and Administrative Code as of the publication of this
Code.
(2)
References to the USDA's "Soil Conservation Service" are amended
to read "Natural Resources Conservation Service."
(3)
References to the "Department of Commerce" are amended to read "Department
of Safety and Professional Services," where applicable.
(4)
References to Village "Assessing Department" are amended to "Department
of Assessment Services," and references to "Assessor" are amended
to "Director of Assessment Services."
(5)
References to "occupancy permit" are amended to "certificate of occupancy,"
and references to "verbal occupancy" and "verbal occupancy certificate"
are amended to "temporary certificate of occupancy."
(6)
References to "County Highway Department" are amended to "County
Division of Highways."
(7)
References to "registered land surveyor" are amended to "professional
land surveyor."
(8)
References to "Chairman" are amended to "Chair."
(9)
References to "Inspection Department" are amended to "Building Inspection
Department."
C.
The following chapters of the Code have been renumbered:
D.
In accordance with § 66.0103, Wis. Stats., the Code of
the Village of Pleasant Prairie, on file in the office of the Village
Clerk, is adopted and incorporated by reference, including the revisions
set forth in Schedule A attached hereto and made a part hereof. (Chapter
and section number references in Schedule A are to the ordinances
as they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-18D, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article II. During routine supplementation, these histories will be replaced with the adoption date and number of this ordinance. Schedule A, which contains a complete description of all changes, is on file in the Village offices.
A.
Chapter and article titles, headings and titles of sections and other
divisions of the Code are inserted in the Code and may be inserted
in supplements to the Code for the convenience of persons using the
Code and are not part of the legislation.
B.
Editor's notes indicating sources of sections, giving other
information or referring to the statutes or to other parts of the
Code are inserted in the Code and may be inserted in supplements to
the Code for the convenience of persons using the Code and are not
part of the legislation.
This ordinance shall take effect upon final passage and publication
or posting as provided by law.
