10.01 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 ordinance:

Wisconsin Statutes. The terms "Wisconsin Statutes" or "Wis. Stat." whenever used in this code shall mean the Wisconsin Statutes for the year 1993-94 and all later amendments and modifications thereof.

Gender: Singular and Plural. Every word in this code and in any ordinance using the masculine or feminine gender may extend and be applied to other or neuter gender as well, 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 and every word importing a plural number may extend and be applied to one person or thing; provided that these rules of construction shall not be applied to any provision which shall contain any express language excluding such construction or when the subject matter or context of such provisions may be repugnant thereto.

Person. The word "person" extends and applies to natural persons firms, corporations, limited liability companies, associations, partnerships or bodies corporate or politic and all entities of any kind capable of being sued unless plainly inapplicable.

Acts by Agents. When a provision requires an act to be done which may be law as well be done by any agent as by the principal, suich provision shall be construed to include all such acts when done by an authorized agent.

Tense. Words used in the present tense include the future.

Mandatory Use of Word "Shall". The word "shall" is mandatory and not directive.

Classes of Notices. Classes l, 2 and 3 Notices require l, 2 or 3 weekly insertions as defined in Wis. Stat. ss 985.01(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.

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 Town 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, sentences, subsections, clauses, phrases or portions thereof may be declared invalid or unconstitutional.

10.03 CLERK TO FILE DOCUMENTS INCORPORATED BY REFERENCE. Whenever in this code any standard, code, rule, regulation or other written or printed matter, other than the Wisconsin statutes or other sections of this Code, are adopted by reference they shall be deemed incorporated in this code as if fully set forth herein and the Town Clerk is hereby directed and required to file, deposit and keep in his or her 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 at all reasonable times, subject to such order or regulations which the Clerk may prescribe for their provisions.

General Penalty. Unless otherwise specifically provided in this code, 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:

First Offense-Penalty. Any person who shall violate any provision of this code subject to a penalty shall, upon conviction thereof, forfeit not less than Fifty Dollars (50) nor more than Five Hundred Dollars ($500), together with the costs of prosecution, and applicable penalty assessments, fees and surcharges and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the County jail until said forfeiture, costs, assessments, fees and surcharges are paid, but not exceeding ninety (90) days.

Second Offense-Penalty. Any person found guilty of violating any section of this code who shall previously have been convicted of a violation of the same ordinance within the previous twelve (12) months shall upon conviction thereof, forfeit not less than One Hundred Dollars ($100) nor more than One Thousand Dollars ($1,000) for each such offense together with the costs of prosecution and applicable penalty assessments, fees and surcharges and in default of payment of such forfeiture costs and shall be imprisoned in the County jail until said forfeiture, costs, assessments, fees and surcharges or prosecution are paid, but not to exceed ninety (90) day.

Execution Against Defendant’s Property. Whenever any person fails to pay any forfeiture, costs of prosecution and applicable penalty assessments, fees and surcharges upon the order of the court for violation of any ordinance of the Town, 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 said forfeiture, costs, assessment, fees and surcharges.

Adoption of State Statute. Wis. Stat. ss 48.17(2), is hereby adopted and by reference made a part of this Code as if fully set forth herein.

Provisions of Ordinance Applicable to Persons 14Through 17 Years of Age. Subject to the provisions and limitations of ss 48.17(2), Wis. Stats., complaints alleging a violation of any provision of this Code or Ordinances against persons fourteen (14) through seventeen (17) years of age may be brought on behalf of the Town and may be prosecuted utilizing the same procedures in such cases as are applicable to adults charged with the same offense.

No Incarceration as Penalty. The Court shall not impose incarceration as a penalty for any person convicted of an offense prosecuted under a Town Ordinance.

10.05 REPEAL OF GENERAL ORDINANCES. All ordinances heretofore adopted by the Town 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:

The issuance of bonds, notes or other evidences of indebtedness of the Town of whatever name or description.

The fixing of salaries of Town officials and employees.

Rights, licenses or franchises or the creation of any contract with the Town.

The naming or changing of names or widths of Town roads.

The letting of contracts without bids.

Tax and special assessment levies.

Release of persons, firms or corporations from liability.

Construction of any public works, including roads, public buildings, drains or sewer and water facilities or mains.

Alterations, discontinuance or laying out of Town roads or right of ways.

Establishing fees for licenses and permits.

Budget ordinances, resolutions and actions.

10.06 EFFECT OF REPEALS. The repeal or amendment of any section or provision of this code or of any other ordinance or resolution of the Town Board shall not:

By implication be deemed to revive any ordinances not in force or existing at the time at which such repeal or amendment takes effect.

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 Town.

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 variety 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.

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 as provided in such ordinance, and such prosecution shall proceed in all aspects, as if such ordinance or ordinances had not been repealed, except that all such proceedings had after the time this code shall take effect, shall be conducted according, to the provisionsof this code and shall be, in all respects, subject to the provisions of this code.

10.07 TITLE: EFFECTIVE DATE: CITATION. These ordinances shall be known as the "Municipal Code of the Town of Vermont" and shall take effect from and after passage and posting of an ordinance of reference in accordance with Wis. Stat. ss 66.035. All references thereto shall be cited by section number (example: s. 9.06, Municipal Code of the Town of Vermont).

10.08 STYLE OF ORDINANCES: ADDITIONS, AMENDMENTS AND REPEALS. All general ordinances hereafter enacted by the Town Board shall be numbered in chronological order, prefixed by the letter "A" and shall indicate by appropriate decimal number the section, subsection or paragraph of this code created, amended, repealed or revised.

10.09 CLERK TO FILE ORDINANCES: SUPPLEMENTAL SHEETS. The Town Clerk shall certify one copy of this code as the original Municipal Code of the Town of Vermont and shall file the same as part of the official Town ordinance book. Such copy shall be retained in its original form. In addition, the Clerk shall retain in his or her office at least one copy of the Municipal Code of the Town of Vermont in current form in which shall be inserted all supplemental sheets as hereinafter provided.

Whenever any ordinance amending, repealing, revising or creating any section of this code is adopted by the Town Board, the Clerk, after recording such ordinance in the ordinance book, shall cause copies of such ordinance to be reproduced on supplemental sheets in proper form for insertion in the municipal code and shall insert such ordinances in all copies of this code in his possession except the aforementioned original copy. The Clerk shall make supplemental sheets available at cost to all persons requesting the same.