[HISTORY: Adopted by the Village Board of the Village of Cottage Grove as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code
Article II Use and Construction
[Adopted 3-19-2001 by Ord. No. 01-2001]
Pursuant to W.S.A. s. 66.035, the various chapters and sections of the 1984 Code of Ordinances of the Village of Cottage Grove, and subsequent ordinances of the Village of Cottage Grove of a general and permanent nature adopted by the Village Board of the Village of Cottage Grove, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 325, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Cottage Grove," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede the 1984 Code of Ordinances of the Village of Cottage Grove and 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 shall remain there for use and examination by the public for at least two weeks, in accordance with § 66.035, 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 Cottage Grove" 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 Village Clerk, pursuant to law, shall cause to be published, 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 publication 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 Village 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 Village 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 Cottage Grove to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a fine of not more than $500, in the discretion of the Judge imposing the same.
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 § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to September 1, 2000.
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.
The Zoning Ordinance and Land Division Ordinance and all amendments thereto.
In compiling and preparing the ordinances for publication as the Code of the Village of Cottage Grove, 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 "Department of Health and Social Services" are amended to read "Department of Health and Family Services."
References to the "Clerk-Treasurer" or "Clerk/Treasurer" are amended to read "Clerk."
References to the "Police Department" are amended to read "Law Enforcement Department."
References to the "Planning Commission" are amended to read "Plan Commission."
References to the "Zoning Board," "Board of Appeals" and "Board of Zoning Appeals" are amended to read "Zoning Board of Appeals."
References to the "Comprehensive Plan" and "Master Plan" are amended to read "Comprehensive Master Plan."
References to the "Water and Sewer Utility Commission" are amended to read "Utility Commission."
Throughout Chapter 109, Alcohol Beverages, references to Class "A" and Class "B" intoxicated liquor licenses are amended to read "Class A" and "Class B," and references to reserve Class B licenses are amended to reserve "Class B" licenses.
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 § 1-14C, the sections which were amended, added or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Art. I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 3-19-2001 by Ord. No. 01-2001." Schedule A, which contains a complete description of all changes, is on file in the Village offices.
This ordinance shall take effect upon passage and publication as required by law.
[Adopted 7-2-1984 as Secs. 25.01 to 25.04 of the 1984 Code]
In the construction of this Code of General Ordinances, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of any of the ordinances:
The term "Wisconsin Statutes" or "Wis. Stats." whenever used in this Code means the current edition of the Wisconsin Statutes and any subsequent amendments.
[Amended 3-19-2001 by Ord. No. 01-2001]
Gender; singular and plural. Every word in this Code and in any ordinance importing the masculine gender may extend and be applied to females as well as males, and every word importing 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 provisions which shall contain any express language excluding such construction or when the subject matter or context of such provisions may be repugnant thereto.
Person. The word "person" extends and applies to natural persons, firms, corporations, associations, partnerships or other bodies politic and all entities of any kind 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 the principal, such requirement shall be construed to include all such acts when done by an authorized agent.
Conflict of provisions. 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.
Separability of code provisions. If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. The Village Board of the Village of Cottage Grove hereby declares that it would have passed this Code and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof may be declared invalid or unconstitutional.
[Amended 3-19-2001 by Ord. No. 01-2001]
Whenever in this Code any standard code, rules, 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 Village Clerk is directed to ensure that copies of such material are filed, deposited, and kept in a suitable municipal office. Materials so filed, deposited and kept shall be public records open for examination with proper care by any person during the Village's regular office hours, subject to such orders or regulations which the Village Clerk or the delegated custodian of such records may prescribe for their preservation, retrieval, and duplication.
General penalty. Whenever so provided 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:
First offense. Any person who shall violate any provision of this Code subject to a penalty shall, upon conviction thereof, forfeit not more than $500 together with the costs of prosecution and applicable surcharges, and, in default of payment of such forfeiture and costs of prosecution and surcharge, shall be imprisoned in the County jail until such forfeiture shall be paid, but not exceeding 90 days.
Second offense. Any person found guilty of violating any provision of this Code who shall previously have been convicted of a violation of the same provision shall, upon conviction thereof, forfeit not less than $10 nor more than $500 for each such offense, together with the costs of prosecution and applicable surcharges, 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 to exceed six months.
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 contained in this Code.
Violations of ordinances of the Village shall be enforced by the issuance of a municipal citation.
The municipal citation shall contain the information required by s. 800.02, Wis. Stats.
Schedule of deposits. The schedule of deposits for use with citations issued under this section shall be as adopted by the Village Board from time to time, and such schedule shall be on file in the office of the Chief of Police and in the office of the Village Clerk. Deposits shall be in cash, money order, or check payable to the Municipal Court, which shall provide a receipt therefor.
Issuance of citation.
Law enforcement officers. Any law enforcement officer may issue citations authorized under this section.
Village officers. The following Village officers and their designated agents may issue citations with respect to those specified sections which are directly related to their official responsibilities. The Village President shall supervise the citation program.
Absence or disability. In the absence or disability of any of such officers, the Village President may designate the individual who shall perform the duties of the absent or disabled official.
Other ordinance. This section does not preclude the Village Board from adopting any other ordinance or providing for the enforcement of any law or ordinance relating to the same or another matter.
Other remedies. The issuance of a citation hereunder shall not preclude the Village or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation, or order.
Enforcement. Notwithstanding any provision of this Code to the contrary, the Village President may designate the Village officer to enforce any provision of this Municipal Code.