Chapter 1

(a) 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:

And/or.i> The word "and" may be read as "or" and the word "or" may be read "and" where the sense requires it.

Charter ordinances.i> The term "Charter ordinances" shall mean the Charter Ordinances of the Village of Mukwonago, Wisconsin, printed as part I of this Code.

Code.i> Whenever the term "Code" is used without further qualification, it shall mean the "Municipal Code of the Village of Mukwonago, Wisconsin," as designated in section 1-1.

County.i> The word "county" shall mean Waukesha County, Wisconsin.

Delegation of authority.i> Whenever a provision appears requiring the head of a department or some other city officer or employee to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer or employee to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.

Gender.i> A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males, unless the intention to give a more limited meaning is disclosed by the context.

State Law References: Similar provisions, W.S.A., § 990.001(2).

Joint authority.i> 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.

State Law References: Similar provisions, W.S.A., § 990.001(8).

May.i> The word "may" shall be construed as being permissive and discretionary.

Month.i> The term "month" shall mean a calendar month.

Number.i> A word importing the singular may extend and be applied to the plural as well as to the singular number and vice versa.

State Law References: Similar provisions, W.S.A., § 990.001(1).

Oath.i> The word "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 the laws of this state 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.

State Law References: Similar provisions, W.S.A., § 990.001(24).

Officers and employees generally.i> Whenever any officer or employee is referred to by title, such as "county clerk" or "sheriff," such reference shall be construed as if followed by the words "of Waukesha County."

Owner.i> The word "owner," 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 of a part of such building or land.

Person.i> The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.

Personal property.i> The words "personal property" includes every species of property except real property.

Preceding, following.i> The words "preceding" and "following" mean next before and next after, respectively.

Property.i> The word "property" shall include real and personal property.

Real property.i> The words "real property" shall include lands, tenements and hereditaments.

Shall.i> The word "shall" shall be construed as being mandatory.

Signature.i> If the signature of any person is required by law it shall always be the hand-writing 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 Law References: Similar provisions, W.S.A., § 990.001(38).

State.i> The word "state" shall mean the State of Wisconsin.

Tense.i> Words used in the past or present tense include the future as well as the past and present.

Village.i> The word "village" means the Village of Mukwonago, Wisconsin.

Village board.i> The words "village board" mean the village board of Mukwonago, Wisconsin, being the governing body of the village.

W.S.A., statute, state statute.i> The terms "W.S.A.," "statute," or "state statute" mean Wisconsin Statutes Annotated, as amended. Any statute adopted by reference includes amendments to such statute.

Year.i> The word "year" shall mean a calendar year.

(Code 1966, § 30.01(1)--(3))

State Law References: Similar rules of statutory construction, W.S.A., §§ 990.001, 990.002.

Sec. 1-3. Computation of time.

(a) 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.

(b) If the last day within which an act is to be done or proceeding had or taken falls on a Sunday or legal holiday the act may be done or the proceeding had or taken on the next secular day.

(c) 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 the 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 subdivision 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 a legal holiday.

(d) Regardless of whether the time limited in any ordinance for the taking of any proceeding or the doing of an 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.

(e) The expression "legal holiday" as used in this section means any statewide legal holiday provided in W.S.A., § 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 section.

State Law References: Similar provisions, W.S.A., § 990.001(4).

Sec. 1-4. Catchlines of sections.

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 shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

Sec. 1-5. References to chapters or sections.

(a) Generally.i> All references to chapters or sections are to the chapters and sections of this Code unless otherwise specified.

(b) Inclusion of penalty.i> Reference to any section of this Code shall be understood to refer to and include the penalty section relating thereto, unless otherwise expressly provided.

Sec. 1-6. References and editor's notes.

The references and editor's notes appearing after sections throughout the Code are not intended to have any legal effect, but are merely intended to assist the user of the Code.

Sec. 1-7. History notes.

The history notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section.

Sec. 1-8. Provisions considered as continuation of existing ordinances.

The provisions appearing in this Code, so far as they are the same as those of the 1987 Code of the Village of Mukwonago, Wisconsin, and of ordinances existing at the time of adoption of this Code, shall be considered as a continuation thereof and not as new enactments.

Sec. 1-9. Certain ordinances not affected by Code.

Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this Code:

(1) Any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Code;

(2) Any ordinance promising or guaranteeing the payment of money for the village or authorizing the issuance of any bonds of the village or any evidence of the village's indebtedness;

(3) Any contract or obligation assumed by the village including CATV and chapter 25 of the 1966 Code;

(4) Any right or franchise granted by the village including CATV and chapter 25 of the 1966 Code;

(5) Any ordinance dedicating, naming, establishing, locating, opening, paving, widening, vacating, etc., any street or public way in the village;

(6) Any ordinance establishing or prescribing grades for streets in the village;

(7) Any ordinance dedicating or accepting any plat or subdivision in the village;

(8) Any ordinance establishing or amending the zoning map or rezoning property;

(9) Any ordinance calling elections or prescribing the manner of conducting the election in accordance with state law;

(10) Any ordinance prescribing any fee or payment of money to the village;

(11) Any ordinance levying or imposing taxes;

(12) Any ordinance providing for local improvements and assessing taxes therefor;

(13) The vacation, extension and discontinuance of public streets and alleys;

(14) Any ordinance fixing salaries of public officials and employees;

(15) Any ordinance establishing positions or classifying positions of village officers and employees or any personnel regulations;

(16) Any ordinance annexing territory or excluding territory or any ordinance extending the boundaries of the village;

(17) Any ordinance regarding the naming and changing of names of public grounds and parks;

(18) Any ordinance regarding the purchase of land;

(19) Any ordinance regarding the letting of contracts without bids;

(20) Any ordinance regarding the release and discharge of claims against the United States government;

(21) Any ordinance regarding zoning or subdivisions, including, but not limited to, chapters 9 and 11 of the 1966 Code;

Cross References: Buildings and building regulations, ch. 18.

(22) Any appropriation ordinance;

(23) Any ordinance which is temporary although general in effect;

(24) Any ordinance which is special although permanent in effect; and

(25) Any ordinance containing any administrative provisions.

All such ordinances shall remain in full force and effect and are on file in the village clerk's office.

(Code 1966, § 30.05)

Sec. 1-10. Effect of repeal of ordinances.

(a) The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed took effect.

(b) The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect or any suit, prosecution or proceeding pending at the time of the repeal for an offense committed or cause of action arising under the ordinance repealed.

(Code 1966, § 30.06)

Sec. 1-11. Code does not affect prior offenses, acts, penalties or rights.

Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Code.

Sec. 1-12. Penalty for violation of Code.

Unless another penalty is expressly provided by this Code for any particular provision, section or chapter, any person violating any provision of this Code, or any rule or regulation adopted or issued in pursuance thereof, or any provision of any code adopted in this Code by reference shall, upon conviction, be subject to a forfeiture of not less than $10.00 and not more than $500.00 and the costs of prosecution. In default of immediate payment of such forfeiture and costs, such person may be committed to the county jail until such forfeiture and costs are paid. Every commitment shall limit the duration of such imprisonment to a definite term not exceeding 90 days.

(Code 1966, § 30.04)

State Law References: Bail, W.S.A., § 66.114; penalties for violation of municipal ordinances, W.S.A., § 66.115; outstanding unpaid forfeitures, W.S.A., § 66.117; actions for violation of municipal ordinances, W.S.A., § 66.12; fines and costs of municipal courts, W.S.A., § 814.65.

Sec. 1-13. Deposit for forfeiture in lieu of court appearance.

Any person charged with violation of any provision, section or chapter of the Code for which no other deposit amount is expressly provided may pay a deposit of $400.00, plus costs, at the police department in lieu of court appearance. Persons wishing to contest such charges may contact the police department to arrange a court appearance date.

Cross References: Court, ch. 26.

State Law References: Citations for violations, each deposits, failure to appear, W.S.A., § 66.119; fees in forfeiture actions, W.S.A., § 814.63.

Sec. 1-14. Deposit for forfeiture in lieu of court appearance for continuing violation.

Any person charged with a continuing violation of any provision, section or chapter of the Code, for which each day constitutes a separate offense, and for which no other deposit amount is expressly provided, may pay $150.00 per day, plus costs, from the date of first violation to and including the date the deposit is made, in lieu of court appearance, at the police department. Persons wishing to contest such charges may contact the police department to arrange a court appearance date.

State Law References: Citations for violations, cash deposits, failure to appear, W.S.A., § 66.119(3); fees in forfeiture actions, W.S.A., § 814.63.

Sec. 1-15. Continuing violation.

Unless otherwise provided, each act of violation and every day upon which a violation occurs or continues constitutes a separate offense.

Sec. 1-16. Applicability of penalties.

The penalties provided by sections 1-12--1-15 shall apply to any section of this Code or any code adopted in this Code by reference to which the penalty relates, whether or not such penalty is reenacted in the amendatory ordinances, unless otherwise provided in the amendment.

Sec. 1-17. Amendments to Code.

(a) Any additions or amendments to this Code, when passed in such form as to indicate the intention of the village board to make such additions or amendments a part of this Code, are incorporated in this Code, so that a reference to this Code shall be understood as including such additions or amendments. All ordinances passed subsequent to the adoption of this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, such repealed portions may be excluded from this Code by the omission thereof from reprinted pages. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new code of ordinances by the village board.

(b) Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code being amended in the following language: "That section ________ of the Municipal Code of the Village of Mukwonago, Wisconsin, is hereby amended to read as follows: . . . ." The new provisions shall then be set out in full as desired.

(c) If a new section not then existing in the Code is to be added, the following language shall be used: "That the Municipal Code of the Village of Mukwonago, Wisconsin, is hereby amended by adding a section to be numbered ________, which section reads as follows: . . . ." The new section shall then be set out in full as desired.

(d) All sections, articles, chapters or provisions of this Code desired to be repealed must be specifically repealed by section, article or chapter number, as the case may be.

Sec. 1-18. Supplementation of Code.

(a) By contract or by city personnel, supplements to this Code shall be prepared and printed. A supplement to the 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 a supplement shall be so numbered as to fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of adoption of the latest ordinance included in the supplement.

(b) In preparing a supplement to this Code, all portions of the Code which 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 codifier (meaning the person authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1) Organize the ordinance material into appropriate subdivisions;

(2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;

(3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections ________ to ________" (inserting section numbers to indicate the sections of the code which embody the substantive sections of the ordinance incorporated into the Code); and

(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code, but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

State Law References: Codification, W.S.A., § 66.035.

Sec. 1-19. Severability of parts of Code.

The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of the court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

(Code 1966, § 30.02)

State Law References: Severability, W.S.A., § 990.001(11).

Sec. 1-20. Failure of officers to perform duties.

The failure of any officer or employee of the city to perform any official duty imposed by this Code shall not subject such officer or employee to the penalty imposed for violation of this Code, unless a penalty is specifically provided for such act or omission.

Sec. 1-21. Responsibility for acts; aiding and abetting.

Every person concerned in the commission of any act prohibited by this Code, whether he directly commits the act or prosecutes, counsels, aids or abets in its commission, may be prosecuted and, upon conviction, is punishable as if he had directly committed such act.

State Law References: Collection of forfeitures generally, W.S.A., § 778.10.