§ 1-2. Definitions and rules of construction.

The following rules or meanings shall be applied in the construction and interpretation of ordinances codified in this Code of Ordinances unless such application would be clearly inconsistent with the plain meaning or intent of the ordinances:

Acts by agents. When an ordinance requires an act be done by a person that may be legally performed by an authorized agent of that principal person, the requirement shall be construed to include all acts performed by such agents.

Adult. The term "adult" means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated any provision of this Code or any other ordinance of the town, the term "adult" means a person who has attained the age of 17 years.

State law reference— Gender, Wis. Stats. § 990.001(3).

Board, town board, board of supervisors. The terms "board," "town board," "board of supervisors" and similar expressions refer to the chairperson and supervisors of the town board of the Town of Peshtigo, Wisconsin.

Bond schedule or schedule of bonds. The terms "bond schedule" or "schedule of bonds" means the official consolidated list maintained and available for inspection in the town clerk's office that lists the amounts of all bonds required pursuant to this Code as determined from time to time by the town board.

Code and Code of Ordinances. The terms "Code," "Code of Ordinances" and "Municipal Code" when used in any section of this Code shall refer to this Code of Ordinances, Town of Peshtigo, Wisconsin, unless the context of the section clearly indicates otherwise.

Conjunctions. Where a provision involves two or more items, conditions, provisions, or events connected by any of the conjunctions "and," "or," "either … or," or "neither … nor," the conjunction shall be interpreted as follows, provided that in appropriate cases the terms "and" and "or" are interchangeable:

(1)

The term "and" indicates that all the connected items, conditions, provisions or events shall apply.

(2)

The term "or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.

(3)

The terms "either…or" and "neither…nor" indicate that the connected items, conditions, provisions, or events shall apply singly, but not in combination.

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

Department; board; agency. The name or title of any department, board, or agency, unless otherwise specifically stated otherwise, shall be read as though the words "of the Town of Peshtigo, Wisconsin" were added thereto.

Fee schedule or schedule of fees and charges. The terms "fee schedule" or "schedule of fees and charges" means the official consolidated list maintained and available for inspection in the town clerk's office that lists rates for utility or other public enterprises, fees of any nature, deposit amounts and various charges as determined from time to time by the town board.

Fine. The term "fine" shall be the equivalent of the term "forfeiture," and vice versa.

Following. The term "following," when used by way of reference to any Code section, means the section next following that in which the reference is made.

Gender. Every term in this Code or in other town ordinances referring to gender shall be gender neutral.

State law reference— Gender, Wis. Stats. § 990.001(2).

General rule. All words and phrases shall be construed according to their plain meaning in common usage. However, words or phrases with a technical or special meaning shall be understood and construed according to that technical or special meaning if such is the intent of the town board.

Governing authority, governing body. The terms "governing authority" or "governing body" mean the town board of the Town of Peshtigo, Wisconsin.

Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this Code imposes greater restrictions upon the subject matter than any general provisions imposed by this Code, the provision imposing the greater restriction or regulation shall be applicable.

Joint authority. All words purporting to give a joint authority to three or more town officers or employees shall be construed as giving such authority to a majority of such officers or other persons.

State law reference— Similar provisions, Wis. Stats. § 990.001(8).

Land. The term "land" includes lands, tenements and hereditaments and all rights thereto and interests therein.

State law reference— Land, Wis. Stats. § 990.01(18).

Law. The term "law" means and denotes applicable federal law, the state constitution and statutes, this Code, ordinances and resolutions of the county, and, when appropriate, any and all rules and regulations that may be promulgated thereunder.

May. The term "may" is to be construed as being permissive.

Minor. The term "minor" means a person who has not attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, the term "minor" does not include a person who has attained the age of 17 years.

State law reference— Minor, Wis. Stats. § 990.01(20).

Month. The term "month" means a calendar month.

State law reference— Month, Wis. Stats. § 990.01(21).

Number. Terms in the singular include the plural. Terms in the plural include the singular.

State law reference— Singular and plural, Wis. Stats. § 990.001(1).

Oath. The term "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath; and in such cases the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."

State law reference— Oath, Wis. Stats. § 990.01(24).

Ordinance. The term "ordinance" means a legislative act of the town governing body of a general and permanent nature.

Owner. The term "owner," as 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.

Penalty schedule or schedule of penalties. The terms "penalty schedule" or "schedule of penalties" means the official consolidated list maintained and available for inspection in the town clerk's office that sets forth forfeitures and other penalties for violation of the various provisions of this Code as determined from time to time by the town board.

Person. The term "person" means any of the following entities: natural persons, corporations, partnerships, associations, bodies politic or any other entity of any kind which is capable of being sued.

State law reference— Person, Wis. Stats. § 990.01(26).

Personal property. The term "personal property" includes every species of property except real property.

State law reference— Personal property, Wis. Stats. § 990.01(27).

Preceding. The term "preceding" when used by way of reference to any Code section, means the section next preceding that in which the reference is made.

State law reference— Preceding, Wis. Stats. § 990.01(30).

Property. The term "property" includes real, personal and mixed property.

State law reference— Property, Wis. Stats. § 990.01(31).

Public place. The term "public place" means any place subject to the primary control of any public agency including, but not limited to, any park, street, public way, cemetery, schoolyard or adjacent open space and any lake or stream.

Publication. The term "publication" in a newspaper of any notice or other matter indicated to be for a stated number of weeks means one insertion each week, unless specifically stated to be for more than one day in each week.

Real property or real estate. The term "real property" or "real estate" includes lands, tenements and hereditaments.

State law reference— Property, Wis. Stats. § 990.01(32).

Reasonable time or reasonable notice. The term "reasonable time" or "reasonable notice" shall be deemed to mean only such time as may be necessary for the prompt performance of the act required.

Repeal. When any ordinance having the effect of repealing a prior ordinance is itself repealed, such repeal shall not be construed to revive the prior ordinance or any part thereof, unless expressly so provided.

Resolution. The term "resolution" means a legislative act of the county governing authority of a special or temporary character.

Shall. The term "shall" is mandatory.

Sidewalk. The term "sidewalk" means any portion of a street between the curb, or the lateral line of the roadway, and the adjacent property line, intended for the use of pedestrians.

Signature; subscription. The term "signature" or "subscription" includes a mark when the person cannot write.

State law reference— Signature, Wis. Stats. § 990.01(38).

Singular and plural. Every word in these ordinances referring to the singular number only shall also be construed to apply to several persons or things, and every word in these ordinances referred to in the plural number shall also be construed to apply to one person or thing.

State. The term "the state" or "this state" means the State of Wisconsin.

Statute. The term "statute," unless otherwise specifically stated, refers to the indicated portion of the Wisconsin Statutes.

Street. The term "street" includes any highway, street, avenue, boulevard, road, alley, lane or viaduct in the town, dedicated or devoted to public use.

State law reference— Highway, Wis. Stats. § 990.01(12).

Sworn. The term "sworn" includes the term "affirmed" in all cases where by law an affirmation may be substituted for an oath.

State law reference— Sworn, Wis. Stats. § 990.01(41).

Tenant; occupant. The terms "tenant" and "occupant," applied to a building or land, include any person holding a written or oral lease or who occupies the whole or part of such building or land, either alone or with others.

Tense. The use of any verb in the present tense shall not preclude the interpretation of the verb in the future tense where appropriate.

Town. The term "town" means the Town of Peshtigo, Marinette County, Wisconsin.

Will. The term "will" is to be construed as being mandatory.

Wisconsin Administrative Code, Wis. Admin. Code. The term "Wisconsin Administrative Code" and its abbreviation as "Wis. Admin. Code" means the Wisconsin Administrative Code as of the adoption of this Code, as amended or renumbered from time to time.

Wisconsin Statutes and Wis. Stats. The term "Wisconsin Statutes" and its abbreviation as "Wis. Stats." means the Wisconsin Statutes for the year 2003-2004, as amended.

Written and in writing. The terms "written" and "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

Year. The term "year" means a calendar year.

(Code 2006, § 1-1-2)

State law reference

Written, in writing, Wis. Stats. § 990.01(48); definitions and rules of construction, Wis. Stats. §§ 990.001, 990.01.