Chapter 1.05
USE AND CONSTRUCTION
Sections:
1.05.010 Title of code – Citation.
1.05.020 Principles of construction.
1.05.030 Conflict of provisions.
1.05.040 Separability of provisions.
1.05.050 Effective date of ordinances.
1.05.070 Village clerk to maintain copies of documents incorporated by reference.
1.05.010 Title of code – Citation.
These collected ordinances shall be known and referred to as the “Code of Ordinances, Village of Arena, Wisconsin.” References to the Code of Ordinances, Village of Arena, Wisconsin, shall be cited as follows: “Sec. 1-1-1, Code of Ordinances, Village of Arena, Wisconsin.” [Prior code § 1-1-1].
1.05.020 Principles of construction.
The following rules or meanings shall be applied in the construction and interpretation of ordinances 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 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 and Code of Ordinances. The words “codes,” “code of ordinances” and “municipal code,” when used in any section of this code, shall refer to this code of ordinances of the village of Arena 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 section, “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. Every word 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 referred 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 these ordinances, the Wisconsin Statutes as of the adoption of this code, as amended or renumbered from time to time.
(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 Arena, Iowa County, Wisconsin. [Prior code § 1-1-2].
1.05.030 Conflict of provisions.
(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. [Prior code § 1-1-3].
1.05.040 Separability of provisions.
If any provision of this code of ordinances 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 provisions of these ordinances. [Prior code § 1-1-4].
1.05.050 Effective date of ordinances.
(a) Code. The Code of Ordinances, Village of Arena, 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 of ordinances, except when otherwise specifically provided, shall take effect from and after their publication. [Prior code § 1-1-5].
State law reference: Code of ordinances, Section 66.035, Wis. Stats.
1.05.060 General penalty.
(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 – Penalty. Any person who shall violate any provision of this code shall, upon conviction thereof, forfeit not less than $25.00 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 – Penalty. 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 $50.00 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 Iowa 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. [Prior code § 1-1-6].
1.05.070 Village clerk to maintain copies of documents incorporated by reference.
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 shall maintain in his/her office a copy of any such material as adopted and as amended from time to time.
The condominium association shall file with the village clerk’s office a copy of the executed condominium agreement. The agreement shall include but not limited to the name, address and phone number of the association and the name and addresses of the association members. The association must file a new agreement within 30 days of notice or changes to the association membership or association status. [Res. 14-04. Prior code § 1-1-7].