Chapter 1.05


1.05.010    Rules of construction.

1.05.020    Conflict and separability.

1.05.030    Clerk to file documents incorporated by reference.

1.05.040    Repeal of general ordinances.

1.05.050    Effect of repeals.

1.05.060    Title – Effective date – Citation.

1.05.070    Adoption.

1.05.010 Rules of construction.

In the construction of this code of general ordinances, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the code:

1.    Wisconsin Statutes. The term Wisconsin Statutes whenever used in this code means the Wisconsin Statutes printed for the year 2005-2006, including all amendments to date, and shall include all subsequent revisions and/or amendments to those statutes.

2.    Gender, Singular and Plural. Every word in this code and in an ordinance importing the masculine gender may extend and be applied to females as well as males, and every word importing the singular number only may extend and be applied to several persons or things as well as to one person or thing; provided, that these rules of construction shall not be applied to any provisions which shall contain any express language excluding such construction or when the subject matter or context of such provisions may be repugnant thereto.

3.    Person. The word “person” extends and applies to natural persons, firms, corporations, associations, partnerships or other bodies politic and all entities of any kind 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.    General Rule. All words and phrases shall be construed and understood according to the common and approved usage of the language. The technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law will be construed and understood according to such peculiar and appropriate meaning.

6.    Tenses. The use of any verb in the present tense shall include the future when applicable.

7.    Shall Have Been. The words “shall have been” include past and future cases.

8.    Heretofore and Hereafter. Whenever the word “heretofore” occurs in any provision it shall be construed to mean any time previous to the day when such provision shall take effect, and whenever the word “hereafter” occurs it shall be construed to mean the time after the provision containing such word shall take effect.

9.    Joint Authority. All words purporting to give a joint authority to three or more Town officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it shall be otherwise expressly declared in the law giving the authority.

10.    Reasonable Time. In all cases where any ordinance shall require any act to be done in a reasonable time or a reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt performance of such duty or compliance with such notice.

11.    Time – How Computed. The time within which an act is to be done is provided in any provision hereof or in any order issued pursuant to any provisions hereof when expressed in days shall be computed by excluding the first day and including the last, except that if the last day be Sunday it shall be excluded and when any such time is expressed in hours the whole Sunday from midnight to midnight shall be excluded.

12.    Week. The word “week” shall be construed to mean seven days; the publication in a newspaper of any notice or other matter indicated to be for a stated number of weeks shall be construed to mean one insertion in each week unless specifically stated to be for each day or the week or for more than one day in each week; and all publications heretofore made in accordance with the terms of this subsection are hereby validated.

13.    Prohibited Acts Include Causing and Permitting. Whenever, in the Town of East Troy, 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. 2008-8 § 1. 2008 code § 20.01)

1.05.020 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 this code 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 section, subsection, sentence, clause or phrase or portion thereof. The Board hereby declares that they 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 thereof may be declared invalid or unconstitutional. (2008 code § 20.02)

1.05.030 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. (2008 code § 20.03)

1.05.040 Repeal of general ordinances.

All ordinances heretofore adopted by the Board of the Town 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 Town 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 Town.

5.    The lighting of streets and alleys.

6.    The naming and changing of names of streets, alleys, public grounds and parks.

7.    The letting of contracts without bids.

8.    The establishment of wards, ward boundaries and election precincts.

9.    Tax and special assessment levies.

10.    Release of persons, firms or corporations from liability.

11.    Construction of any public works. (2008 code § 20.05)

1.05.050 Effect of repeals.

The repeal of 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 at which such repeal or amendment takes effect.

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

3.    Affect any offense committed or penalty or forfeiture incurred, previous to the time when any ordinance shall be repealed or amended, except that when any forfeiture or penalty shall have 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 shall be repealed or amended, but the right of action shall continue and the offender shall be subject to the penalty or forfeiture as provided in such ordinances, and such proceedings had after the time this code shall take effect shall be conducted according to the provisions of this code. (2008 code § 20.06)

1.05.060 Title – Effective date – Citation.

These ordinances shall be known as the “Municipal Code of the Town of East Troy” and shall take effect from and after passage and publication as provided by statute. All references thereto shall be cited by section number (example: ETMC 13.05.060). (2008 code § 20.07)

1.05.070 Adoption.

The code of ordinances in book form and on disc entitled, “Town of East Troy Municipal Code,” which repeals and recreates the prior Town Code sections with a new numbering system, and having been placed on file and open to public inspection in the office of the Town Clerk for a period of three weeks commencing April 12, 2017, pursuant to Wis. Stat. § 66.0103, and after a public hearing was held as required by statute for regulations dealing with, but not limited to, boating regulations, subdivision ordinances, and impact fees, is hereby adopted as the general code of ordinances in and for the Town of East Troy, Walworth County, Wisconsin. (Ord. 2017-1 § 1)