CHAPTER 25
CONSTRUCTION AND EFFECT OF ORDINANCES
25.01Rules of Construction
25.02Conflict and Separability
25.03Clerk to File Documents Incorporated by Reference
25.04Penalty Provisions
25.05Repeal of General Ordinances
25.06Effect of Repeals
25.07Title; Effective Date; Citation
25.08Keeping Code Current; Revisor's Amendments

25.01 RULES OF CONSTRUCTION.

In the construction of this Code of Ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the ordinance:

(1) WISCONSIN STATUTES. (Am. MCC '93) All references to "Wisconsin Statutes" or "Wis. Stats." means the 1992-93 Wisconsin Statutes and includes the 1993-94 biennial session.

(2) GENDER, SINGULAR AND PLURAL. Every word in this Code 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 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.

(3) PERSON. The word "person" extends and applies to natural persons, firms, corporations, associations, partnerships or other bodies politic and to all entities capable of being sued, unless plainly inapplicable.

(4) 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.

(5) VERBS. The use of any verb in the present tense shall not preclude the interpretation of the verb in the future tense where appropriate.

(6) MAY AND SHALL. "May" is permissive; "shall" is mandatory.

25.02 CONFLICT AND SEPARABILITY.

(1) 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.

(2) SEPARABILITY OF CODE PROVISIONS. If any section, subsection, sentence, clause or phrase of the Code is for any reason held to be invalid or unconstitutional by reason of a 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 Board 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 may be declared invalid or unconstitutional.

25.03 CLERK TO FILE DOCUMENTS INCORPORATED BY REFERENCE.

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 shall file, deposit and keep in his office a copy of the code, standard, 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.

25.04 PENALTY PROVISIONS.

(1) GENERAL PENALTY. Except as otherwise provided, 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:

(a) First Offense. Any person who shall violate any provision of this Code shall, upon conviction thereof, forfeit not less than $5 nor more than $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.

(b) Second Offense. Any person found guilty of violating any ordinance or part of an ordinance of this Code who has previously been convicted of a violation of the same ordinance within one year shall, upon conviction thereof, forfeit not less than $50 nor more than $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 are paid, but not exceeding 6 months.

(2) 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 removea violation of any provision of this Code.

(3) EXECUTION AGAINST DEFENDANT'S PROPERTY. Whenever any person fails to pay any forfeiture and costs of prosecution upon the order of any court for violation of any ordinance of the Village, 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.

(4) CITATION METHOD OF ENFORCEMENT.

(a) Statutory Authorization. Pursuant to §66.119, Wis. Stats., the Village elects to use the citation method of enforcement of ordinances, including those for which a statutory counterpart exists.

(b) Contents of Citation. The citation shall contain the following:

1. Name and address of the alleged violator.

2. Factual allegations describing the alleged violation.

3. Time and place of the offense.

4. Number and section of the ordinance violated.

5. A designation of the offense in such a manner as can readily be understood by a person making a reasonable effort to do so.

6. Time and date in which the violator may appear in court.

7. A statement which informs the violator:

a. That a cash deposit based on the established schedule may be delivered or mailed to the Palmyra Police Department or the Municipal Court prior to the time of the scheduled court appearance. (Am. #09-02)

b. That if a deposit is made no appearance in court is necessary unless he is subsequently summoned.

c. That if a cash deposit is made and the alleged violator does not appear in court at the specified time, an action may be commenced to collect the forfeiture.

d. A direction that if the alleged violator elects to make a cash deposit, the statement which accompanies the citation shall be signed to indicate that the required statement has been read. Such statement shall be sent or brought with the cash deposit.

8. Deposits shall be made in cash, money order or certified check to the Palmyra Police Department or the Municipal Court, which shall provide a receipt therefor. (Am. #09-02)

(c) Issuance of Citations. The Chief of Police and all police officers employed by the Village may issue citations authorized under this section.

25.05 REPEAL OF GENERAL ORDINANCES.

All ordinances heretofore adopted by the Village Board are hereby repealed, except all ordinances or parts of ordinances relating to the following subjects and not conflicting with any of the provisions of this Code:

(1) The issuance of corporate bonds and notes of the Village of whatever name or description.

(2) The establishment of grades, curb lines and widths of sidewalks in the public streets and alleys.

(3) The fixing of salaries of public officials and employees.

(4) Rights, licenses or franchises or the creation of any contract with the Village.

(5) The lighting of streets and alleys.

(6) The annexation of territory to the Village.

(7) The naming and changing of names of streets, alleys, public grounds and parks.

(8) The letting of contracts without bids.

(9) The establishment of wards, ward boundaries and election precincts.

(10) Tax and special assessment levies.

(11) Releases of persons, firms or corporations from liability.

(12) Construction of public works.

(13) Water, sewer and electric rates, rules and regulations and sewer and water main construction.

(14) Budget ordinances, resolutions and actions.

25.06 EFFECT OF REPEALS.

The repeal or amendment of any section or provision of this Code or of any other ordinance or resolution of the Board shall not:

(1) By implication be deemed to revive any ordinance not in force or existing at the time such repeal or amendment takes effect.

(2) Affect any vested right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed or amended, unless the privilege of repealing such obligation or privilege has been reserved by the Village.

(3) Affect any offense committed, or penalty or forfeiture incurred, previous to the time when any ordinance is repealed or amended; except when any forfeiture or penalty has been mitigated by the provisions of any ordinance, such provisions shall apply to and control any judgment to be pronounced after such ordinance takes effect for any offense committed before that time.

(4) Affect any prosecution for any offense, or the levy of any penalty or forfeiture pending at the time when any ordinance aforesaid is repealed or amended; but the right of action shall continue and the offender shall be subject to the penalty as in all respects, as if such ordinance had not been repealed; except all such proceedings had after the time this Code takes effect shall be conducted according to the provisions of this Code.

25.07 TITLE; EFFECTIVE DATE; CITATION.

These ordinances shall be known as the "Code of Ordinances of the Village of Palmyra," and shall take effect from and after passage and publication as provided in §66.035, Wis. Stats. All references thereto shall be cited by section number (example: §13.06, Code of Ordinances of the Village of Palmyra).

25.08 KEEPING CODE CURRENT; REVISOR'S AMENDMENTS.

As each ordinance or resolution affecting this Code of Ordinances becomes effective, the Clerk shall forward such ordinance or resolution to the Revisor, who shall incorporate them into this Code of Ordinances. The Revisor shall make no substantive changes to such ordinances and resolutions but may renumber, rearrange and edit them without first submitting them to the Village Board; and such rearranging, renumbering and editing shall not affect the validity of such ordinances and resolutions or the provisions of this Code of Ordinances affected thereby.