[HISTORY: Adopted by the Village Board of
the Village of Pleasant Prairie as indicated in article histories.
Amendments noted where applicable.]
[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:
A.
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]
B.
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.
C.
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.
D.
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.
A.
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:
(1)
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.
(2)
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.
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.
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.
D.
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]
[Added 5-5-1997]
A.
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.
B.
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.
C.
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:
A.
Any ordinance adopted subsequent to December 20, 2004.
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 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.
A.
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.
B.
The following changes are made throughout the Code:
(1)
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.
(2)
References to the State Department of Health and Social
Services (HSS) are amended to refer to the Department of Health and
Family Services (HFS).
(3)
References to the State Department of Industry, Labor
and Human Relations (ILHR) are amended to refer to the Department
of Commerce (COMM).
(4)
References to the "Town" of Pleasant Prairie are amended
to refer to "Village"; references to the "Town Chairman" are amended
to read "Village President."
(5)
References to the "School Committee" are amended to
read "School Commission."
(6)
References to the "Planning Commission" are amended
to read "Plan Commission."
(7)
References to the "Board of Police and Fire Commissioners"
are amended to read "Police and Fire Commission."
(8)
References to the "Board of Appeals" are amended to
read "Zoning Board of Appeals."
(9)
References to the "Board of Park Commissioners" are
amended to read "Park Commission."
(10)
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."
C.
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.)[1]
[1]
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.
D.
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.[2]
[2]
Editor's Note: Schedule B is on file in the
Village offices.
E.
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.[3]
[3]
Editor's Note: Schedule C is on file in the
Village offices.
F.
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.[4]
[4]
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.
