[HISTORY: Adopted by the Village Board of
the Village of New Glarus as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-18-2000 by Ord. No. 99-14
as Title 1, Ch. 1 of the 2000 Code]
These collected ordinances shall be known and referred to as the "Code of the Village of New Glarus, Wisconsin." References to the Code of the Village of New Glarus, Wisconsin, shall be cited as follows (sample): "§ 6-1, Code of the Village of New Glarus, Wisconsin."
The following rules or meanings shall be applied
in the construction and interpretation of ordinances codified in this
Code unless such application would be clearly inconsistent with the
plain meaning or intent of the ordinances:
A.
Acts by agents. When an ordinance requires an act
to be done by a person which may be legally performed by an authorized
agent of that principal person, the requirement shall be construed
to include all acts performed by such agents.
B.
Code. The words "Code" and "Municipal Code," when
used in any section of this Code, shall refer to this Code of the
Village of New Glarus unless the context of the section clearly indicates
otherwise.
C.
Computation of time. In computing any period of time
prescribed or allowed by these ordinances, the day of the act or event
from which the period of time begins to run shall not be included,
but the last day of the period shall be included, unless it is a Saturday,
a Sunday or a legal holiday. If the period of time prescribed or allowed
is less than seven days, Saturdays, Sundays and legal holidays shall
be excluded in the computation. As used in this subsection, "legal
holiday" means any statewide legal holiday specified by state law.
D.
Fine. The term "fine" shall be the equivalent of the
word "forfeiture," and vice versa.
E.
Gender. Use has been made of masculine pronouns in
these ordinances solely for the sake of brevity. Unless specifically
stated to the contrary, this Code is gender neutral and words in these
ordinances referring to the masculine gender shall also be construed
to apply to females, and vice versa.
F.
General rule. All words and phrases shall be construed
according to their plain meaning in common usage. However, words or
phrases with a technical or special meaning shall be understood and
construed according to that technical or special meaning if such is
the intent of the ordinances.
G.
Joint authority. All words purporting to give a joint
authority to three or more Village officers or employees shall be
construed as giving such authority to a majority of such officers
or other persons.
H.
Officers. The term "officers" shall refer solely to
local offices created by state statute.
I.
Officials. The term "officials" shall mean all Village
officers and employees.
J.
Person. The word "person" shall mean any of the following
entities: natural persons, corporations, partnerships, associations,
bodies politic or any other entity of any kind which is capable of
being sued.
K.
Repeal. When any ordinance having the effect of repealing
a prior ordinance is itself repealed, such repeal shall not be construed
to revive the prior ordinance or any part thereof, unless expressly
so provided.
L.
Singular and plural. Every word in these ordinances
referring to the singular number only shall also be construed to apply
to several persons or things, and every word in these ordinances referring
to a plural number shall also be construed to apply to one person
or thing.
M.
Tense. The use of any verb in the present tense shall
not preclude the interpretation of the verb in the future tense where
appropriate.
N.
Wisconsin Statutes. The term "Wisconsin Statutes"
and its abbreviation as "Wis. Stats." shall mean, in this Code, the
Wisconsin Statutes, of 2009-2010, as amended or renumbered from time
to time. Future amendments shall be incorporated herein.
[Amended 7-1-2003 by Ord. No. 03-04; 2-15-2011 by Ord. No.
11-02]
O.
Wisconsin Administrative Code. The term "Wisconsin
Administrative Code" and its abbreviation as "Wis. Adm. Code" shall
mean the Wisconsin Administrative Code as of the adoption of this
Code, as amended or renumbered from time to time.
P.
Village. The term "Village" shall mean the Village
of New Glarus, Green County, Wisconsin.
A.
If the provisions of different chapters conflict with
each other, the provisions of each individual chapter shall control
all issues arising out of the events and persons intended to be governed
by that chapter.
B.
If the provisions of different sections of the same
chapter conflict with each other, the provision which is more specific
in its application to the events or persons raising the conflict shall
control over the more general provision.
A.
Code. The Code of the Village of New Glarus, Wisconsin,
shall take effect as provided by state law.
B.
Subsequent ordinances. All ordinances passed by the
Village Board subsequent to the adoption of the Code, except when
otherwise specifically provided, shall take effect from and after
their publication.
A.
General penalty. Except where a penalty is provided
elsewhere 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:
(1)
First offense. Any person who shall violate any provision
of this Code shall, upon conviction thereof, forfeit not less than
$10 nor more than $1,000, 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 within one
year shall, upon conviction thereof, forfeit not less than $30 nor
more than $1,000 for each such offense, together with 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 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.
Other remedies. The Village shall have any and all
other remedies afforded by the Wisconsin Statutes in addition to the
forfeitures and costs of prosecution above.
D.
Court authority to impose alternative juvenile dispositions
and sanctions.
(1)
For a juvenile adjudged to have violated an ordinance, a court is authorized to impose any of the dispositions listed in §§ 938.343 and 938.344, Wis. Stats., in accordance with the provisions of those statutes and this Subsection D.
(2)
For a juvenile adjudged to have violated an ordinance
who violates a condition of a dispositional order of the court under
§ 938.343 or 938.344, Wis. Stats., a 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.
[Amended 7-1-2003 by Ord. No. 03-04]
E.
Juvenile disposition alternatives for alcohol/drug
offenses.
(1)
If a juvenile is found to have engaged in underage
drinking of alcohol, drinking of alcohol on school premises or at
a school-sponsored activity, falsifying proof of age, possessing drug
paraphernalia, or delivery of drug paraphernalia to a minor in violation
of Village ordinances, the Court may order any of the following:
(2)
After ordering any of the above penalties, the Court
may, with the juvenile's agreement, enter an additional order staying
the execution of the penalty order and suspending or modifying the
penalty imposed and may require the juvenile to do any of the following:
(3)
If the Court finds that a juvenile's parent or guardian
is unable to provide or refuses to provide court-ordered AODA services
for the juvenile through his or her health insurance or other third
party payments, the Court may order the parent or health insurer to
pay.
F.
Dispositional alternatives for other ordinance violations.
The Court may impose one or more of the following dispositional alternatives
against a juvenile found to have violated a municipal ordinance, for
which no penalty is otherwise provided, as follows:
(1)
Counseling for the juvenile and/or the parent or guardian.
(2)
A forfeiture not to exceed the maximum forfeiture
that may be imposed on an adult for committing the same violation.
If the forfeiture is for a violation that is only applicable to a
juvenile, the maximum forfeiture amount is $50 plus costs.
(3)
Suspend a fishing, hunting or driving license from
90 days to five years for failure to pay the forfeiture.
(4)
Order the juvenile to participate in a supervised
work program or other community service work.
(5)
Order participation in an AODA assessment, an outpatient
AODA treatment or an AODA education program.
(6)
Order participation in a pupil assistance program
provided by the juvenile's school, provided the juvenile's school
agrees.
G.
Violation of juvenile dispositional orders. The Court
may impose the following sanctions on a juvenile who has violated
a Village ordinance and who has violated a condition of his or her
dispositional order:
Whenever any standard code, rule, regulation,
statute 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-Treasurer shall maintain in his/her
office a copy of any such material as adopted and as amended from
time to time. Materials on file at the Village Clerk-Treasurer's office
shall be considered public records open to reasonable examination
by any person during the office hours of the Village Clerk-Treasurer,
subject to such restrictions on examination as the Clerk-Treasurer
imposes for the preservation of the material.
[Adopted 7-1-2003 by Ord. No. 03-04]
[1]
Editor's Note: Ord. No. 07-03, adopted 6-5-2007,
provided that the Code of Ordinances of the Village of New Glarus,
as amended, be adopted as the general ordinances in and for the Village.
Ord. No. 08-03, adopted 3-18-2008, provided
that the Code of Ordinances of the Village of New Glarus, as amended,
be adopted as the general ordinances in and for the Village.
Pursuant to § 66.0103, Wis. Stats., the various chapters and sections of the 2000 Code of Ordinances of the Village of New Glarus, and subsequent ordinances of the Village of New Glarus of a general and permanent nature adopted by the Village Board of the Village of New Glarus, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 305, are hereby approved, adopted, ordained and enacted as the "Code of the Village of New Glarus," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede
the 2000 Code of Ordinances of the Village of New Glarus 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-Treasurer and shall
remain 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-Treasurer,
and such certified copy shall remain on file in the office of said
Village Clerk-Treasurer 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 New Glarus" 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-Treasurer, 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-Treasurer 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-Treasurer,
or someone authorized and directed by the Village Clerk-Treasurer,
to keep up-to-date the certified copy of the book containing the Code
required to be filed in the Clerk-Treasurer'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-Treasurer or an authorized
agent of the Clerk-Treasurer upon the payment of a fee to be set by
the Village Board. The Clerk-Treasurer 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 New Glarus 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 § 1-13 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 April 1, 2003.
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.
A.
In compiling and preparing the ordinances for publication as the Code of the Village of New Glarus, 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 "Department of Health and Social
Services" or "HSS" are amended to read "Department of Health and Family
Services" or "HFS," as appropriate.
(3)
References to the "Department of Industry, Labor and
Human Relations" or "ILHR" are amended to read "Department of Commerce"
or "COMM," as appropriate.
(5)
References to the "Board of Appeals" and "Board of
Zoning Appeals" are amended to read "Zoning Board of Appeals."
(6)
References to the "Public Works Committee," "Board
of Public Works" and "Public Safety Committee" are amended to read
"Committee on Public Works and Safety."
(7)
References to the "Municipal Light and Water Supervisor"
and "Municipal Light and Water Superintendent" are amended to read
"Utilities Superintendent."
(8)
References to "animal warden" are amended to read
"animal control officer."
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 § 1-20C, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the code by a footnote referring to Chapter 1, General Provisions, Article II. During route supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 7-1-2003 by Ord. No. 03-04." 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.
