[HISTORY: Adopted by the Common Council of
the City of Hudson as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-1-2000 by Ord. No. 9-00]
Pursuant to W.S.A. s. 66.035, the various chapters and sections of the 1981 Code of Ordinances of the City of Hudson, and subsequent ordinances of the City of Hudson of a general and permanent nature adopted by the Common Council of the City of Hudson, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 255, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of Hudson," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede
the present Code of Ordinances of the City of Hudson 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 legislation in force immediately
prior to the enactment of the Code by this ordinance, are intended
as a continuation of such legislation and not as new enactments, and
the effectiveness of such provisions shall date from the date of adoption
of the prior legislation.
A copy of the Code, in loose-leaf form, has
been filed in the office of the City Clerk and shall remain there
for use and examination by the public for at least two weeks, in accordance
with W.S.A. s. 66.035, and until final action is taken on this ordinance,
and, if this ordinance shall be adopted, such copy shall be certified
to by the City Clerk, and such certified copy shall remain on file
in the office of said City Clerk to be made available to persons desiring
to examine the same during all times while said Code is in effect.
A.
Any and all additions, deletions, amendments or supplements
to the Code, when adopted in such form as to indicate the intention
of the Common Council to make them a part thereof, shall be deemed
to be incorporated into such Code so that reference to the "Code of
the City of Hudson" 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.
B.
As each ordinance affecting the Municipal Code becomes
effective, the City Clerk shall forward such ordinance to the revisor,
who shall incorporate the same into the Municipal Code. Such rearranging,
renumbering and editing shall not affect the validity of such ordinances
or the provisions of this Municipal Code affected thereby.
The Clerk of the City of Hudson, 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 City 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 Common Council. 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 City of Hudson 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.
A.
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.
B.
If the provisions of the different chapters of the
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.
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 repeal of any such ordinances or parts of ordinances
shall not by implication be deemed to revive any ordinance not in
force or existing at the time such repeal takes effect.
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:
A.
Any ordinance adopted subsequent to December 1, 1999.
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, lighting, acceptance or vacation of any
right-of-way, easement, street, sidewalk, 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 city's indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or
transfer of property or any lawful contract or obligation or the letting
of contracts without bids.
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.
Charter ordinances.
O.
Water, sewer and electric rates, rules and regulations
and sewer and water main construction and the construction of any
public works.
P.
The establishment of aldermanic districts, aldermanic
district boundaries and election precincts.
Q.
The release of persons, firms or corporations from
liability.
R.
Budget ordinances.
S.
Ordinances establishing fees.
A.
In compiling and preparing the ordinances for publication as the Code of the City of Hudson, 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 City Council 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 the "Board of Zoning Appeals" and "Zoning
Board of Appeals" are amended to read "Board of Appeals."
(2)
References to the "Treasurer" are amended to read
"Finance Officer."
(3)
References to the "Planner," "Planning Administrator"
and "Zoning Administrator" are amended to read "Planner/Zoning Administrator."
(4)
References to the "City Engineer/City Planner" are
amended to read "City Engineer or Planner/Zoning Administrator."
(5)
References to the "Director of Public Works," "Superintendent
of Public Works," "Street Superintendent" and "Street Commissioner"
are amended to read "Public Works Superintendent."
(6)
References to the "Parks Director," "Parks and Recreation
Director" and "Park/Recreation Director" are amended to read "Director
of Parks and Recreation."
(7)
References to the "Water Board," "Water Commission,"
"Water Utility Commission," "Utility Commission" and "Public Utility
Commission" are amended to read "Public Water Utility Commission."
(8)
References to the "Fire Department Inspector," "Chief
Fire Inspector," "Chief Inspector," "Fire Inspector/Compliance Officer"
and "Compliance Officer" are amended to read "Fire Inspector."
(9)
References to the "Water Director" and "Water Superintendent"
are amended to read "Water Utility Director."
(10)
References to the "Animal Warden" are amended to read
"Animal Control Warden."
(11)
References to the "Department of Health and Social
Services" are amended to read "Department of Health and Family Services."
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.[1] (Chapter and section number references are to the ordinances
as they have been renumbered and appear in the Code.)
[1]
Editor's Note: In accordance with § 1-14C, the chapters, articles and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Ch. 1, General Provisions, Art. I. During routine supplementation, footnotes indicating amendments, additions and deletions will be replaced with the following wording: "Amended/Added/Repealed 5-1-2000 by Ord. No. 9-00." A complete description of all changes is on file in the city offices.
This ordinance shall take effect upon passage
and publication as required by law.
[Adopted by Ord. No. 1-81 as Ch. 25, Secs. 25.01, 25.03, 25.04
and 25.07 of the 1981 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 the ordinance:
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 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.
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 is hereby directed and required to file, deposit
and keep in his office a copy of the standard, code, 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.[2]
A.
General penalty. Any person who shall violate any
provision of this Code for which a penalty is not otherwise provided
shall, upon conviction, be subject to a penalty, which shall be as
follows:
[Amended by Ord. No. 13-83; 8-18-2008 by Ord. No. 6-08]
(1)
First offense. Any person who shall violate any provision
of this Code shall, upon conviction thereof, forfeit not less than
$25 nor more than $1,500, together with the costs of prosecution,
and in default of payment of such forfeiture and costs of prosecution
shall be imprisoned in the county jail until such forfeiture 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 shall previously
have been convicted of a violation of the same ordinance shall, upon
conviction thereof, forfeit not less than $50 nor more than $2,500
for each such offense, together with the costs of prosecution, and
in default of payment of such forfeiture and costs shall be imprisoned
in the county jail until such forfeiture and costs of prosecution
are paid, but not to exceed six months.
B.
Execution against defendant's property. Whenever any
person fails to pay any forfeiture and costs of prosecution upon the
order of the court for violation of any ordinance of the city, 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 and costs.
These ordinances shall be known as the "Municipal Code of the City of Hudson" and shall take effect from and after passage and publication as provided in W.S.A. s. 66.035. All references thereto shall be cited by section number (example: § 1-19, Municipal Code of the City of Hudson).
