Chapter 1.04


1.04.010    Definitions.

1.04.020    Interpretation language.

1.04.030    Grammatical interpretation.

1.04.040    Acts by agents.

1.04.050    Prohibited acts include causing and permitting.

1.04.060    Computation of time.

1.04.070    Construction.

1.04.080    Repeal shall not revive any ordinances.

1.04.090    Severability.

1.04.100    Reference to other sections.

1.04.110    Effective date of ordinances.

1.04.010 Definitions.

The following words and phrases, whenever used in the ordinances of the city of Brookfield, 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 or phrases:

“City” means the city of Brookfield, or the area within the territorial limits of the city, and such territory outside the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

“Council” means the city council of the city of Brookfield. “All its members” or “all council members” mean the total number of council members holding office.

“County” means the county of Waukesha.

“Department head” means an employee who holds the title of Director of Public Works, City Attorney, Director of Finance and Administration, Director of Community Development, Police Chief, Fire Chief, Human Resources Director, Information Technology Director, Library Director, or Director of Parks, Recreation, and Forestry.

“Law” denotes applicable federal law, the Constitution and statutes of the state of Wisconsin, the ordinances of the city, and when appropriate, any and all rules and regulations which may be promulgated thereunder.

“May” is permissive.

“Month” means a calendar month.

“Must” and “shall” are each mandatory.

“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.”

“Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.

“Person” includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization or the manager, lessee, agent, servant, officer or employee of any of them.

“Personal property” includes money, goods, chattels, things in action and evidences of debt.

“Preceding” and “following” means next before and next after, respectively.

“Property” includes real and personal property.

“Sidewalk” or “bike path” means that portion of a street which has been designated for the use of bicyclists and pedestrians but also includes those sidewalks or bike paths which are separate from but parallel to the street.

“State” means the state of Wisconsin.

“Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

“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.

“Written” includes printed, typewritten, mimeographed, multi graphed or otherwise reproduced in permanent visible form.

“Year” means a calendar year. (Ord. 2838-23 § 2, 2023; Ord. 1598 § 1, 1997)

1.04.020 Interpretation language.

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. (Ord. 1598 § 2, 1997)

1.04.030 Grammatical interpretation.

The following grammatical rules shall apply in the ordinances of the 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. (Ord. 1598 § 3, 1997)

1.04.040 Acts by agents.

When an act is required by an ordinance, the same being such that it may be 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. (Ord. 1598 § 4, 1997)

1.04.050 Prohibited acts include causing and permitting.

Whenever in the ordinances of the 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. (Ord. 1598 § 5, 1997)

1.04.060 Computation of time.

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. (Ord. 1598 § 6, 1997)

1.04.070 Construction.

The provisions of the ordinances of the city, and all proceedings under them are to be construed with a view to effect their objects and to promote justice. (Ord. 1598 § 7, 1997)

1.04.080 Repeal shall not revive any ordinances.

The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinances which has been repealed thereby. (Ord. 1598 § 8, 1997)

1.04.090 Severability.

If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application. (Ord. 1598 § 9, 1997)

1.04.100 Reference to other sections.

Whenever in one section reference is made to another section hereof, such reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter is changed or materially altered by the amendment or revision. (Ord. 1598 § 10, 1997)

1.04.110 Effective date of ordinances.

All ordinances passed by the common council requiring publication shall take effect from and after the due publication thereof, unless otherwise expressly provided. Ordinances not requiring publication shall take effect from their passage, unless otherwise expressly provided. (Ord. 1598 § 11, 1997)