[HISTORY: Adopted by the Village Board of the Village of Sauk City
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Chs. 1.02 to 1.05 of the 1970 Code]
The following words and phrases, whenever used in the ordinances of
the Village of Sauk City, Wisconsin, shall be construed as defined in this
section unless from the context a different meaning is intended or unless
a different meaning is specifically defined and more particularly directed
to the use of such words and phrases:
A.
"Board" means the Village Board of the Village of Sauk
City. "All its members" or "all Trustees" means the total number of Trustees
holding office.
B.
"County" means the County of Sauk.
C.
"Law" denotes applicable federal law, the Constitution
and Statutes of the State of Wisconsin, the ordinances of the Village of Sauk
City, and, when appropriate, any and all rules and regulations which may be
promulgated thereunder.
D.
"May" is permissive.
E.
"Month" means a calendar month.
F.
"Must" and "shall" are each mandatory.
G.
"Oath" includes an affirmation or declaration in all
cases in which, by law, an affirmation may be substituted for an oath, and
in such cases the words "swear" and "sworn" shall be equivalent to the words
"affirm" and "affirmed."
H.
"Owner," applied to a building or land, includes any
part owner, joint owner, tenant in common, joint tenant, or tenant by the
entirety, of the whole or a part of such building or land.
I.
"Person" includes a natural person, joint venture, joint-stock
company, partnership, association, club, company, corporation, business, trust,
or organization, or the manager, lessee, agent, servant, officer or employee
of any of them.
J.
"Personal property" includes money, goods, chattels,
things in action and evidences of debt.
K.
"Preceding" and "following" mean next before and next
after, respectively.
L.
"Property" includes real and personal property.
M.
"Real property" includes lands, tenements and hereditaments.
N.
"Sidewalk" means that portion of a street between the
curbside and the adjacent property line intended for the use of pedestrians.
O.
"State" means the State of Wisconsin.
P.
"Street" includes all streets, highways, avenues, lanes,
alleys, courts, places, squares, curbs, or other public ways in this Village
which have been or may hereafter be dedicated and open to public use, or such
other public property so designed in any law of this state.
Q.
"Tenant" and "occupant," applied to a building or land,
include any person who occupies the whole or a part of such building or land,
whether alone or with others.
R.
"Village" means the Village of Sauk City, Wisconsin,
or the area within the territorial limits of the Village of Sauk City, Wisconsin,
and such territory outside of the Village over which the Village has jurisdiction
or control by virtue of any constitutional or statutory provision.
S.
"Village Administrator" means the Administrator appointed
by the Village Board, and whose duties include the statutory duties prescribed
for a Village Clerk and Treasurer and those delegated to such individual by
the Village Board, including managerial functions in connection with the planning
and coordination of the activities of the various Village departments and
general supervision over department heads.
[Amended 6-13-2006 by Ord. No. 2006-4]
T.
"Wisconsin Statutes," whenever used in this Code, means
the Wisconsin Statutes as of the publication of this Code, as amended to renumbered
from time to time.
[Amended 6-13-2006 by Ord. No. 2006-4]
U.
"Written" includes printed, typewritten, mimeographed,
xeroxed or otherwise reproduced in permanent visible form.
V.
"Year" means a calendar year.
Use of the title of any officer, employee, department, board or commission
means that officer, employee, department, board or commission of the Village.
All words and phrases shall be construed according to the common and
approved usage of the language, but technical words and phrases and such others
as may have acquired a peculiar and appropriate meaning in the law shall be
construed and understood according to such peculiar and appropriate meaning.
The following grammatical rules shall apply in the ordinances of the
Village of Sauk City, unless it is apparent from the context that a different
construction is intended:
A.
Gender. Each gender includes the masculine, feminine
and neuter genders.
B.
Singular and plural. The singular number includes the
plural, and the plural includes the singular.
C.
Tenses. Words used in the present tense include the past
and the future tenses and vice versa, unless manifestly inapplicable.
When an act is required by an ordinance, the same being such that it
may done as well by an agent as by the principal, such requirement shall be
construed to include all such acts performed by an authorized agent.
Whenever in the ordinances of the Village of Sauk City any act or omission
is made unlawful, it shall include causing, allowing, permitting, aiding,
abetting, suffering, or concealing the fact of such act or omission.
Except when otherwise provided, the time within which an act is required
to be done shall be computed by excluding the first day and including the
last day, unless the last day is Sunday or a holiday, in which case it shall
also be excluded.
The provisions of the ordinances of the Village of Sauk City, and all
proceedings under them are to be construed with a view to effect their objects
and to promote justice.[1]
If the provisions of the different chapters of the general ordinances
as codified in this Code of the Village of Sauk City, Wisconsin, 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.
A.
The Village of Sauk City shall not consider, adopt, or
enforce any ordinance consolidating the Village with any other political entity
for a period of 54 years or the year 2054.
B.
Exemptions. The provisions of this section do not apply
to annexations of territory permitted by the laws of the State of Wisconsin
or the change of the form of government, so long as it does not involve the
merger or consolidation with another political body or entity.
All ordinances or amendments thereto must be passed by a majority vote
of all the members of the Village Board and shall be signed and countersigned
as provided by the Wisconsin Statutes and, if any penalty or forfeiture is
in any event imposed, shall take effect and be in force one day after passage
and publication or, in lieu of publication, posting of copies thereof in at
least three public places in the Village of Sauk City, and a notice to this
effect is to be published in the local newspaper at least once and proof thereof
filed and recorded by the Village Administrator, except where the Wisconsin
Statutes may otherwise provide.
A.
Penalty where none provided. In any case where there is a violation of any Village ordinance for which no penalty is provided, the person violating the same shall be subject to a forfeiture of not less than $25 nor more than $200 for each offense, except as provided in Subsection B.
B.
Penalty for second or subsequent violation. In any case
where any ordinance or section of an ordinance of the Village shall not provide
the greater penalty for a second or subsequent conviction for a violation
thereof, any person violating the same who has previously been convicted of
a violation thereof shall be subject to a forfeiture of not less than $50
nor more than $500 dollars for each offense, except that where the penalty
provided by any such ordinance or section for a first violation thereof is
larger than the penalty provided in this section, such larger penalty shall
be applicable.
[Amended 6-13-2006 by Ord. No. 2006-4]
C.
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.
D.
Other remedies. The Village shall have any and all remedies
afforded by the Wisconsin Statutes in addition to the forfeitures and costs
of prosecution imposed herein.
E.
Penalty upon nonpayment. No violation of any ordinance
of the Village shall be, or be construed to be, a misdemeanor nor shall imprisonment
be imposed as a punishment for violation of any ordinance of the Village,
except in the event of a failure of the defendant to pay the forfeiture imposed
by the court, any other provision of the general ordinances of the Village
to the contrary notwithstanding.
F.
Action by court. When a forfeiture is imposed for the
violation of any ordinance of the Village or any section thereof, the court
may also order the defendant to pay the cost of the action and to be imprisoned
until such forfeiture and costs are paid, in no case, however, to exceed six
months, and the court may also issue an execution against the property of
the defendant for the forfeiture and costs.
G.
Imprisonment. This chapter shall not be construed to
authorize imprisonment of a defendant for failure to pay the forfeiture or
costs solely because the defendant is indigent and cannot pay his fine in
full.
[Added 6-13-2006 by Ord. No. 2006-4]
A.
Election to use citation method of enforcement. The Village elects
to use the citation method of enforcement of certain ordinances other than
those for which a statutory counterpart exists as defined in § 66.0113,
Wis. Stats. The form of the citation shall be uniform and used by all law
enforcement officers and other authorized Village officials and employees.
B.
Contents of citation. The citation shall provide for the information
required in § 66.0113(1)(b), Wis. Stats. Cash deposits shall be
delivered or mailed to the Municipal Court Clerk.
C.
Issuance of citations. Any law enforcement officer of the Village may issue citations for enforcement of any ordinance authorized by this section. Additional officials authorized to issue citations may be designated on the schedule of cash deposits as provided in Subsection F of this section.
D.
Procedure on default. The provisions of § 66.0113,
Wis. Stats., relating to a violator's options and procedure on default are
hereby adopted and incorporated herein by reference.
E.
Nonexclusivity. Adoption of this section in no way precludes
the adoption of any other ordinance or providing for the enforcement of any
other law or ordinance relating to the same or any other matter. The issuance
of a citation under this section in no way precludes proceeding under any
other law or ordinance relating to the same or any other matter.
F.
Schedule of cash deposits and enforcement officials. The schedule
of cash deposits established for use with citations issued under this section
shall be the schedule adopted and modified, from time to time, by action of
the Sauk Prairie Court Commission, which schedule is incorporated herein by
reference.[1] Said schedule may also identify Village officials who, in addition
to the Village law enforcement officers, are authorized to issue citations
for specific violations.
[1]
Editor's Note: The current schedule is on file at the office of the
Village Administrator.
G.
Stipulation of guilt or no contest. In respect to any violations
for which a citation is issued under this section, the citation shall provide
that a stipulation of guilt or no contest may be made pursuant to § 66.0114(1)(b),
Wis. Stats., in which case the person charged with the violation is authorized
to make a timely stipulation and pay the required penalty plus costs, fees
and surcharges imposed under Ch. 814, Wis. Stats. The penalty shall be the
same for each respective violation as the deposit required under this section.
[Adopted 6-13-2006 by Ord. No. 2006-4]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Village of Sauk City of a general and permanent nature adopted by the Village Board of the Village of Sauk City, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 365, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Village of Sauk City," 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 Administrator 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
Administrator, and such certified copy shall remain on file in the office
of said Village Administrator 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 Sauk City" 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 Administrator of the Village of Sauk City, 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 Administrator 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 Administrator, or someone authorized
and directed by the Administrator, to keep up-to-date the certified copy of
the book containing the Code required to be filed in the Administrator'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 Administrator or an authorized agent of the Administrator upon the
payment of a fee to be set by the Village Board. The Administrator 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 Sauk
City 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. If any provision of this Code or the application thereof to any person
or circumstances is held invalid, the remainder of the Code and the application
of such provisions to other persons or circumstances shall not be affected
thereby.
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 an ordinance
shall not repeal the repealing clause of an ordinance or revive any ordinance
which has been repealed thereby.
The adoption of this Code and the repeal of ordinances provided for in § 1-26 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 February 28, 2006.
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.
O.
Any ordinance or portion of an ordinance establishing a specific
fee amount for any license, permit or service obtained from the Village.
A.
The following chapters/articles are hereby adopted as set forth in the copy of the Code on file at the office of the Village Clerk: Chapter 34, Emergency Government; Chapter 95, Animals; Chapter 120, Burning, Open; Chapter 149, Drugs and Drug Paraphernalia; Chapter 160, Fair Housing; Chapter 174, Flea Markets and Garage Sales; Chapter 281, Article III, Excavations and Openings; and Chapter 365, Article VIII, PUD Planned Unit Development District.
B.
In compiling and preparing the ordinances for publication as the Code of the Village of Sauk City, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections C and D 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.
C.
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 "Department of Industry, Labor and Human Relations,"
"Industrial Commission" and "State Board of Health" are amended to read "Department
of Commerce."
(3)
Specific fees are removed and replaced with wording stating that
fees are set by the Village Board.
(4)
References to the "Street Department Supervisor," "Superintendent
of Streets," "Street Superintendent" and "Superintendent of the Utilities"
are amended to read "Public Works and Utility Director."
(5)
References to the "Water Department" are amended to read "Water
Utility."
(6)
References to the "Planning Commission" are amended to read "Plan
Commission."
(7)
References to the "Clerk" are amended to read "Administrator."
D.
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 § 1-28D, 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 Ch. 1, General Provisions, Art. II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: “Amended (added, deleted) 6-13-2006 by Ord. No. 2006-4.” 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.
