CONSTRUCTION AND GENERAL PROVISIONS

1.01 GENERAL REPEALING CLAUSE

(1) All ordinances heretofore passed and adopted by the Common Council of the City of Cornell are hereby repealed, except all ordinances or parts of ordinances relating to the following subjects and not conflicting with any of the provisions of this code:

(A) The issuance of corporate bonds and notes of the City of Cornell of whatever name or description, and the providing of a tax levy to pay the principal or interest of any such bond or note.

(B) The laying, bounding, extending or widening any public street, highway, alley, or other public grounds of the City of Cornell.

(C) The authorization or ratification of the making of any contract by or on behalf of the City of Cornell.

(D) The construction of sewers and plans for sewer construction in the City of Cornell; the construction of water mains, wells, and other water utility services and the plans for the same in the City of Cornell; the construction of electric utility lines and other electric utility services and the plans for construction of the same in the City of Cornell; and, the granting of a franchise to any person, firm, or corporation to operate any public utility in the City of Cornell.

(E) The establishment of width, grade or elevation of the streets, curb lines or curbs.

(F) The annexation of territory to the City of Cornell.

(G) The City Library.

(H) The naming and changing of names of streets, alleys, public grounds and parks.

 1.02 EFFECT OF REPEAL. When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision, unless it shall expressly be so provided.

1.03 REFERENCE TO CODE. This code of ordinances is a complete and comprehensive revision and compilation of the ordinances of the City of Cornell and shall be known as the City of Cornell City Code and may be cited as, and is sometimes referred to in the City of Cornell Code as, "this Code" or "the Code". Reference to the Code shall be deemed to include amendments and additions to the Code.

1.04 ADDITIONS. New ordinances proposing amendments or additions to the Code shall be assigned appropriate code numbers and shall be incorporated into the Code as of their effective date. Reference or citation to the Code shall be deemed to include such amendments and additions. When an ordinance is integrated into the Code, there may be omitted from the ordinance the title, enacting clause, section numbers, definitions of terms identical to those contained in this Code, the clause indicating date of adoption, and validating signatures and dates. In integrating ordinances into the Code, the clerk, in cooperation with the city attorney, may correct obvious grammatical, punctuation, and spelling errors; change reference numbers to conform with sections, articles, and chapters; substitute figures for written words and vice versa; substitute dates for the words "the effective date of this ordinance"; and perform like actions to ensure a uniform code of ordinances without, however, altering the meaning of the ordinances enacted.

(1) Any person who violates any provision of any ordinance of the City of Cornell for which no other penalty is fixed shall, upon conviction thereof, be subject to a forfeiture not to exceed $100.00.

(2) When a forfeiture shall be imposed for the violation of any ordinance of the City of Cornell or any section thereof, the court may also sentence the defendant to pay the costs of the action and to be imprisoned until such forfeiture and costs are paid, in no case, however, to exceed six (6) months; and the court may also issue an execution against the property of the defendant for the amount of the forfeiture and the costs.

(3) No violation of any ordinance of the City of Cornell shall be construed to be a misdemeanor nor shall imprisonment be imposed as a punishment for violation of any ordinance of the City of Cornell except in the event of the failure of any defendant to pay the forfeiture imposed by the court in accordance with the provisions of this code.

1.06 TITLE HEADINGS; CROSS REFERENCES. Chapter, section, subdivision, and other titles will not be considered part of the subject matter of this Code but are intended for convenience only and not necessarily as comprehensive titles.

1.07 COPIES. Copies of this Code shall be kept in the office of the City Administrator for public inspection or sale for a reasonable charge.

1.08 JURISDICTION. The provisions of this Code shall apply to all of the incorporated area of the City, except where specifically provided otherwise.

1.09 INTERPRETATION. In their interpretation and application, the provisions of this Code shall be liberally construed to affect the well-being of the City and to promote good government at a minimum of expense, and shall not be deemed a limitation or repeal of any other powers granted to the City by Wisconsin statutes or regulations.

1.10 EXISTING RIGHTS AND LIABILITIES. The repeal of prior ordinances and adoption of this Code are not to be construed to affect in any manner rights and liabilities existing at the time of repeal and the enactment of this Code. Insofar as provisions in this Code are substantially the same as pre-existing ordinances, they shall be considered as continuations and not as new enactments. Any act done; offense committed; or right accruing; or liability, penalty, forfeiture, or punishment incurred or assessed prior to the effective date of this Code shall be regulated by the prior Code of Ordinances then in existence.

1.11 CONSTRUCTION OF ORDINANCES. When construing the ordinances of the City of Cornell, the following rules shall be observed, unless such construction would be inconsistent with the express content or manifest intent of the ordinance:

(1) WISCONSIN STATUTES. The term "Wisconsin Statutes" wherever used in this code shall mean the Wisconsin Statutes for the years 1993-1994, as revised from time to time.

(2) GENDER, SINGULAR AND PLURAL. Every word in any ordinance importing the masculine gender shall extend to and be applied to females as well as males; and every word importing the singular number shall extend to and be applied to several persons or things as well as to one person or thing.

(3) PERSON. The word "person" extends to and applies to firms, corporations, or voluntary associations, as well as to individuals, unless plainly inapplicable.

(4) HIGHWAYS. Where used in this code, the word "highway" refers to the alleys, streets, and highways of the City of Cornell.

(5) REASONABLE TIME OR NOTICE. 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 requirement of notice.

(6) COUNTY JAIL. In all cases where the words "county jail" are used in any provision of this code, the words shall be construed to mean the County Jail of Chippewa County.

(7) CITY ADMINISTRATOR. Pursuant to these ordinances and charter ordinances, the City of Cornell has combined the statutory offices of City Clerk and City-Treasurer and placed such duties in the office of City Administrator who shall serve as the City Clerk and City Treasurer. Whenever required by state law, the reference to City Administrator shall mean City Clerk or City Treasurer.

1.12 CONFLICT AND SEPARABILITY

(1) CONFLICT OF PROVISIONS. If any provision of 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) SEVERABILITY 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.

1.13 ADOPTION OF CITATION ENFORCEMENT PROCEDURE FOR VIOLATIONS OF ORDINANCES

(1) The City of Cornell adopts, by this ordinance, the use of the citation method of enforcement of ordinance violations.

(A) When the municipal court is in existence, the provisions of Section 800 including the form of citation set forth in 800.02, Wisconsin Statutes, may be used.

(2) If the City of Cornell shall not have a municipal court in existence, a citation meeting the requirements of Section 66.119, Wisconsin Statutes, may be used where applicable.

(3) The form of the Wisconsin Uniform Municipal Citation Form, MSC-1, is adopted as the citation form to be used by enforcement officials of the City of Cornell. A copy of form MSC-1 shall henceforth be used by the City of Cornell where applicable. For violations as to which The Uniform Traffic Citation, Section 345.11, Wisconsin Statutes, applies, such citation form may be used.

(4) Cash deposits may be made to the City Administrator. Receipts shall be given therefore. The provisions of Section 66.12, Wisconsin Statutes shall apply.

(5) The Schedule of Cash deposits set forth as Appendix A is adopted for the various ordinance violations and for the various assessments imposed by Wisconsin Statutes from time to time. Changes to the Deposit Schedule are to be recommended by the Police Chief to the City Attorney for review and comment, then submitted to the Municipal Judge for review, comment and approval and adopted by ordinance by the Common Council of the City of Cornell.

1.14 EFFECTIVE DATE. This code shall take effect and be in force from and after its adoption, passage and publication and posting, filing, and recording in accordance with the provisions of Section 66.035, Wisconsin Statutes, a copy of said code when printed is to be kept on file and open for public inspection in the Office of the City Administrator of the City of Cornell. If later effective dates are specified in individual chapters or sections, such specific effective date will take precedence as to such sections.

 
Reserved for Future Use