The ordinances reproduced on this website are derived from the updated computer files used to produce the official Revised Municipal Code for the City of Stevens Point, but are unofficial. The ordinances on this web site cannot be certified under s. 889.08, Wis. Stats., and cannot be considered prima facie evidence under s. 889.04, Wis. Stats. Certain tables and maps that are a part of the official Revised Municipal Code for the City of Stevens Point are not included in the ordinance files reproduced on this website. Please consult the bound Revised Municipal Code for the City of Stevens Point, available in the City Clerk's Office, for the official text.

Chapter 1
Construction and Effect of Ordinances and Their Publication

Section
1.01 Construction of Ordinances
1.02 When These Rules of Construction Shall Not Apply
1.03 Reference to Titles, Chapter, or Sections - Conflicting Ordinances
1.04 Effective Date of Ordinances
1.05 Effect of Repeal
1.06 Penalty Where No Penalty Provided
1.07 Imprisonment Upon Failure to Pay Penalty Imposed for Violation of Ordinance


1.01 CONSTRUCTION OF ORDINANCES. In the construction of the Ordinances of the City of Stevens Point the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the ordinance.

(1) General Rule. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

(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 only shall extend and be applied to several persons or things as well as to one person or thing; and every word importing the plural number only shall extend and be applied to one person or thing as well as to several persons or things.

(3) Person. The word "person" shall extend and be applied to firms, corporations, or voluntary associations, as well as to individuals, unless plainly inapplicable.

(4) Tense. The use of any verb in the present tense shall include the future when applicable.

(5) Shall Have Been. The words "shall have been" include past and future cases.

(6) Heretofore and Hereafter. Whenever the word "heretofore" occurs in any ordinance it shall be construed to mean any time previous to the day when such ordinance shall take effect; and whenever the word "hereafter" occurs it shall be construed to mean the time after the ordinance containing such word shall take effect.

(7) Joint Authority. All words purporting to give a joint authority to three or more city 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.

(8) Acts by Agents. When an ordinance requires an act to be done which may by law as well be done by an agent as by the principal, such requisition shall be construed to include all such acts when done by an authorized agent.

(9) Reasonable Time. In all cases where any ordinance shall require any act to be done in a reasonable time or 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.

(10) Time - How Computed. The time within which an act is to be done as provided in any ordinance or in any order issued pursuant to any ordinance, 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 of Sunday, from midnight to midnight, shall be excluded.

(11) Week. The word "week" shall be construed to mean seven days; but 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 of 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.

Index for this Chapter

1.02 WHEN THESE RULES OF CONSTRUCTION SHALL NOT APPLY. The rules of construction set forth in this chapter shall not be applied to any ordinance which shall contain any express provision excluding such construction, or when the subject matter or context of such ordinance may be repugnant thereto.

Index for this Chapter

1.03 REFERENCES TO TITLES, CHAPTERS, OR SECTIONS - CONFLICTING ORDINANCES. In addition to the rules of construction specified in section 1.01, the following rules shall be observed in the construction of these ordinances:

(1) All references to titles, chapters, or sections are to the titles, chapters, and sections of these ordinances unless otherwise specified.

(2) If the provisions of different chapters of these ordinances conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions growing out of the subject matter of such chapter.

(3) If conflicting provisions be found in different sections of the same chapter the provisions of the section which is last in numerical order shall prevail unless such construction be inconsistent with the meaning of such chapter.

Index for this Chapter

1.04 EFFECTIVE DATE OF ORDINANCE. All ordinances passed by the common council, except when otherwise specifically provided, shall take effect and be in force from and after their publication.

Index for this Chapter

1.05 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 be expressly so provided.

Index for this Chapter

1.06 PENALTY WHERE NO PENALTY PROVIDED.
(1) In any case where there shall be a violation of any city ordinance for which no penalty is provided, the person violating the same shall be subject to a fine of not less than one dollar nor more than one hundred dollars for each offense, except as provided in the following subsection.

(2) In any case where any ordinance or section of an ordinance of the City of Stevens Point shall not provide the greater penalty for a second or subsequent conviction for a violation thereof any person violating the same who shall previously have been convicted of a violation thereof shall be subject to a fine of not less than ten dollars nor more than two hundred dollars for each offense, except that where the penalty provided by any such ordinance or section for a first violation thereof shall be larger than the penalty herein provided, such larger penalty shall be applicable.

(3) No violation of any ordinance of the City of Stevens Point shall be or be construed to be a misdemeanor nor shall imprisonment be imposed as a punishment for violation of any ordinance of the City of Stevens Point except in the event of a failure of the defendant to pay the fine imposed by the court, any other provision of the general ordinances of the City of Stevens Point to the contrary notwithstanding.

Index for this Chapter

1.07 IMPRISONMENT UPON FAILURE TO PAY PENALTY IMPOSED FOR VIOLATION OF ORDINANCE. When a fine shall be imposed for the violation of any ordinance of the City of Stevens Point or any section thereof, the court may also sentence the defendant to pay the cost of the action and to be imprisoned until such fine and costs are paid, in no case, however, to exceed six months, and the court may also issue an execution against the property of the defendant for said fine and costs.

Index for this Chapter

The ordinances reproduced on this website are derived from the updated computer files used to produce the official Revised Municipal Code for the City of Stevens Point, but are unofficial. The ordinances on this web site cannot be certified under s. 889.08, Wis. Stats., and cannot be considered prima facie evidence under s. 889.04, Wis. Stats. Certain tables and maps that are a part of the official Revised Municipal Code for the City of Stevens Point are not included in the ordinance files reproduced on this website. Please consult the bound Revised Municipal Code for the City of Stevens Point, available in the City Clerk's Office, for the official text.