Chapter 1.01
GENERAL PROVISIONS
Sections:
1.01.010 How code designated and cited.
1.01.020 Definitions and rules of construction.
1.01.030 Catchlines of sections – History notes – References – Editor’s notes.
1.01.040 Provisions deemed continuation of existing ordinances.
1.01.050 Certain ordinances not affected by code.
1.01.060 Effect of repeal of ordinances.
1.01.070 Code does not affect prior offenses or rights.
1.01.090 Amendments to code – Effect of new ordinances – Amendatory language.
1.01.100 Supplementation of code.
1.01.120 Responsibility for acts – Aiding and abetting.
1.01.010 How code designated and cited.
The ordinances embraced in this and the following chapters shall constitute and be designated the “Town Code of the Town of Richmond, Wisconsin” and may be so cited. [Code 2002 § 1-1.]
1.01.020 Definitions and rules of construction.
The following words, terms and phrases, when used in this code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Generally. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the town board may be effectuated. Words and phrases shall be construed according to the common and approved usage of the language, but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings.
And/Or. The term “and” may be read as “or” and the term “or” may be read “and” where the sense requires it.
Code. Whenever the term “code” is used without further qualification, it shall mean the “Town Code of the Town of Richmond, Wisconsin,” as designated in RMC 1.01.010.
Computation of Time. The time within which an act is to be done or proceeding had or taken shall be computed by excluding the first day and including the last; and when any such time is expressed in hours the whole of Sunday and of any legal holiday, from midnight to midnight, shall be excluded. If the last day within which an act is to be done or proceeding had or taken falls on Sunday or a legal holiday, the act may be done or the proceeding had or taken on the next secular day. When the last day within which a proceeding is to be had or taken or an act done, which consists of any payment to or the service upon or filing with any officer, agent, agency, department or division of the state or of the county, or a city, village, town, school district or other division of the state, of any money, return, statement, report, notice or other document, falls on a Saturday and the duly established official office hours of such officer, agent, agency, department or division to which such payment is to be made or upon which such service is to be made or with which such return, statement, report, notice or other document is required to be filed, do not include any office hours thereof on such Saturday, such proceeding may be had or taken or such act may be done on the next succeeding day that is not a Sunday or legal holiday. Regardless of whether the time limited in any ordinance for the taking of any proceeding or the doing of any act is measured from an event or from the date or day on which such event occurs, the day on which such event took place shall be excluded in the computation of such time. The expression “legal holiday” as used in this section means any statewide legal holiday provided in Wis. Stats. Section 895.20. When an act is permitted to be done by the use of the postal service, and the last day within the time prescribed by law for performing such act falls on a legal public holiday under federal law, or other holiday designated by the president such that the Postal Service does not receive registered mail or make regular deliveries on that day, the day shall be considered a legal holiday for purposes of this definition.
“County” means Walworth County, Wisconsin.
Delegation of Authority. A provision that authorizes or requires a town officer or town employee to perform an act or make a decision authorizes such officer or employee to act or make a decision through subordinates.
“Following” means next after.
Gender. A term importing the masculine gender only shall extend and be applied to females and to firms, partnerships, corporations and limited liability companies and partnerships as well as to males, unless the intention to give a more limited meaning is disclosed by the context.
“Includes” does not limit a term to a specified example.
Joint Authority. Words purporting to give authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared.
“May” is to be construed as being permissive and not mandatory.
“May not” states a prohibition.
“Month” means a calendar month.
Number. A word importing the singular may extend and be applied to the plural as well as to the singular number and vice versa.
“Oath” includes affirmation in all cases where by law an affirmation may be substituted for an oath. If any oath or affirmation is required to be taken, such oath or affirmation shall be taken before and administered by some officer authorized by law to administer oaths, at the place where the same is required to be taken or administered, unless otherwise expressly directed, and, when necessary, duly certified by such officer. If an oath is administered, it shall end with the words “so help me God.” In actions and proceedings in the courts, a person may take an oath or affirmation in communication with the administering officer by telephone or audiovisual means.
Officers and Employees. Whenever any officer or employee is referred to by title, such as “town clerk” or “clerk,” such reference shall be construed as if followed by the words “town of Richmond, Wisconsin.”
“Owner,” as applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or part of such building or land.
“Person” shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.
“Personal property” includes every species of property except real property.
“Preceding” and “following” mean next before and next after, respectively.
“Premises,” as applied to real property, includes land and structures.
“Property” includes real property, personal property and mixed property.
“Real property,” “real estate,” “land,” and “lands” includes lands, tenements and hereditaments.
“Shall” is to be construed as being mandatory.
“Sidewalk” means that portion of a street between the curbline, or the lateral lines of a roadway where there is no curb, and the adjacent property line, intended for the use of pedestrians. If there is no public area between the lateral lines of the roadway and the abutting property line, then the area immediately abutting the street line shall be construed as the sidewalk.
Signature. If the signature of any person is required by law it shall always be the handwriting of such person or, if the person is unable to write, the person’s mark or the person’s name written by some other person at the person’s request and in the person’s presence.
“State” means the state of Wisconsin.
“Street” means any alley, avenue, boulevard, highway, road, lane, viaduct, bridge and the approach thereto, and any other public thoroughfare in the town. The term “street” also means the entire width thereof between abutting property lines. The term “street” includes a sidewalk or footpath.
“Tenant” and “occupant,” as applied to a building or land, include:
(1) Any person holding either alone or with others a written or oral lease of such building or land.
(2) Any person who either alone or with others occupies such building or land.
Tense. Terms used in the past or present tense include the future as well as the past and present.
“Town” means the town of Richmond, Wisconsin.
“Town board” and “board” mean the board of supervisors of the town of Richmond, Wisconsin.
“Week” means a period of seven consecutive days.
“Wis. Stats.” and “statute” mean the Wisconsin Statutes, as amended.
“Writing” includes any form of recorded message capable of comprehension by ordinary visual means.
“Year” means a calendar year. [Code 2002 § 1-2.]
State law references: Similar provisions, Wis. Stats. §§ 990.001(1), (2), (4), (8), (24) and (38).
1.01.030 Catchlines of sections – History notes – References – Editor’s notes.
(a) The catchlines of the several sections of this code printed in boldface type are intended as mere catchwords to indicate the contents of the section and are not titles of such sections, or of any part of the section, nor unless expressly so provided shall they be so deemed when any such section, including the catchline, is amended or reenacted.
(b) The history or source notes appearing in parenthesis after sections in this code have no legal effect and only indicate legislative history.
(c) Unless specified otherwise, all references to chapters or sections are to chapters or sections of this code.
(d) Editor’s notes and other references appearing after sections throughout this code are not intended to have any legal effect but are merely intended to assist the user of the code. [Code 2002 § 1-3.]
1.01.040 Provisions deemed continuation of existing ordinances.
The provisions of this code, insofar as they are substantially the same as legislation previously adopted by the town relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments. [Code 2002 § 1-4.]
1.01.050 Certain ordinances not affected by code.
(a) Nothing in this code or the ordinance adopting this code affects the validity of any ordinance or portion of an ordinance:
(1) Promising or guaranteeing the payment of money or authorizing the issuance of bonds or other instruments of indebtedness.
(2) Authorizing or approving any contract, deed or agreement.
(3) Granting any right or franchise.
(4) Making or approving any appropriation or budget.
(5) Providing for salaries or other employee benefits not codified in this code.
(6) Levying, imposing or otherwise relating to taxes not codified in this code.
(7) Adopting or amending the comprehensive plan.
(8) Dedicating, accepting or vacating any plat or subdivision.
(9) Dedicating, establishing, naming, locating, relocating, opening, paving, widening, repairing or vacating any street.
(10) Establishing the grade of any street or sidewalk.
(11) Levying or imposing any special assessment.
(12) Annexing property into the town.
(13) Deannexing property or excluding property from the town.
(14) That is temporary, although general in effect.
(15) That is special, although permanent in effect.
(16) The purpose of which has been accomplished.
(b) The ordinances designated in subsection (a) of this section continue in full force and effect to the same extent as if published at length in this code. [Code 2002 § 1-5.]
1.01.060 Effect of repeal of ordinances.
(a) Unless specifically provided otherwise, the repeal of an ordinance does not revive any repealed ordinance.
(b) The repeal or amendment of an ordinance does not affect any action or forfeiture incurred before the repeal took effect, nor does such repeal or amendment affect any suit, prosecution or proceeding pending at the time of the amendment or repeal. [Code 2002 § 1-6.]
1.01.070 Code does not affect prior offenses or rights.
(a) Nothing in this code or the ordinance adopting this code affects any offense or act committed or done, any penalty or forfeiture incurred, or any contract or right established before the effective date of this code.
(b) The adoption of this code does not authorize any use or the continuation of any use of a structure or premises in violation of any town ordinance on the effective date of this code. [Code 2002 § 1-7.]
1.01.080 Violation – Penalty.
Unless another penalty is expressly provided, every person convicted of a violation of any provision of the code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine upon conviction of such violation, forfeit not less than $5.00 nor more than $500.00 together with the costs of prosecution, and in default of payment of the forfeiture and costs of prosecution shall be imprisoned in the county jail until such forfeiture and costs are paid but not to exceed 90 days. Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in the ordinance codified in this section shall preclude the town from maintaining any appropriate action to prevent or remove a violation of any ordinance. In addition to the above, the town may enforce the judgment in the same manner as a judgment in an ordinary civil action. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any code section, whether or not such penalty is reenacted in the amendatory ordinance. [Ord. 47 § 4, 2002; Ord. 28 § I, 1992. Code 2002 § 1-8.]
State law references: Bail, Wis. Stats. § 66.114; penalties for violation of municipal ordinances, Wis. Stats. § 66.115; outstanding unpaid forfeitures, Wis. Stats. § 66.117; actions for violations of municipal ordinances, Wis. Stats. § 66.12; fines and costs in municipal courts, Wis. Stats. § 814.65.
1.01.090 Amendments to code – Effect of new ordinances – Amendatory language.
(a) All ordinances adopted subsequent to this code that amend, repeal or in any way affect this code may be numbered in accordance with the numbering system of the code and printed for inclusion in the code. Portions of this code repealed by subsequent ordinances may be excluded from this code by omission from reprinted pages affected thereby.
(b) Amendments to provisions of this code may be made with the following language: “Section (chapter, article, division or subdivision, as appropriate) _________ of the Richmond Town Code is hereby amended to read as follows: . . . .”
(c) If a new section, subdivision, division, article or chapter is to be added to the code, the following language may be used: “Section (chapter, article, division or subdivision, as appropriate) _________ of the Richmond Town Code is hereby created to read as follows . . . .”
(d) All provisions desired to be repealed should be repealed specially by section, subdivision, division, article or chapter number, as appropriate, or by setting out the repealed provisions in full in the repealing ordinance. [Code 2002 § 1-9.]
1.01.100 Supplementation of code.
(a) Supplements to this code shall be prepared and printed whenever authorized or directed by the town. A supplement to this code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the code. The pages of the supplement shall be so numbered that they will fit properly into the code and will, where necessary, replace pages that have become obsolete or partially obsolete. The new pages shall be so prepared that when they have been inserted, the code will be current through the date of the adoption of the latest ordinance included in the supplement.
(b) In preparing a supplement to this code, all portions of the code that have been repealed shall be excluded from the code by the omission thereof from reprinted pages.
(c) When preparing a supplement to this code, the person authorized to prepare the supplement may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as necessary to do so in order to embody them into a unified code. For example, the person may:
(1) Arrange the material into appropriate organizational units.
(2) Supply appropriate catchlines, headings and titles for chapters, articles, divisions, subdivisions and sections to be included in the code and make changes in any such catchlines, headings and titles or in any such catchlines, headings and titles already in the code.
(3) Assign appropriate numbers to chapters, articles, divisions, subdivisions and sections to be added to the code.
(4) Where necessary to accommodate new material, change existing numbers assigned to chapters, articles, divisions, subdivisions or sections.
(5) Change the words “this ordinance” or similar words to “this chapter,” “this article,” “this division,” “this subdivision,” “this section” or “sections ________ to ________” (inserting section numbers to indicate the sections of the code that embody the substantive sections of the ordinance incorporated in the code).
(6) Make other nonsubstantive changes necessary to preserve the original meaning of the ordinances inserted in the code. [Code 2002 § 1-10.]
1.01.110 Severability.
The provisions of this code shall be deemed severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall only apply to the specific section or portion specified in the decision and shall not affect the validity of other portions thereof of the ordinance. The remainder of the town of Richmond ordinance or ordinances shall remain in full force and effect. Any other town of Richmond ordinance whose terms are in conflict with the provisions of this code are hereby repealed as to those terms that conflict. [Code 2002 § 1-11.]
State law references: Severability generally, Wis. Stats. § 990.001(11).
1.01.120 Responsibility for acts – Aiding and abetting.
Every person concerned in the commission of any act prohibited by this code, whether any person directly commits the act or prosecutes, counsels, aids or abets in its commission, may be prosecuted and, upon conviction, is punishable as if such person had directly committed such act. [Code 2002 § 1-12.]
State law references: Collection of forfeitures generally, Wis. Stats. § 778.10.