[Adopted 12-20-2011 by Ord. No. 2011-35]
Except where a penalty is provided elsewhere in this Code, or specifically established by the Town Board, 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. Any person who shall violate any provision of this Code shall, upon conviction thereof, forfeit not less than $25 nor more than $500 together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution, shall be imprisoned in the County Jail until such forfeiture and costs are paid or when there is appropriate credit for time served.
Second and subsequent offenses. Any person found guilty of violating any provision of this Code who shall previously have been convicted of a violation of the same provision shall, upon conviction thereof, forfeit not less than $50 nor more than $1,000 for each such offense, together with costs of prosecution, and in default of payment of such forfeiture and costs, shall be imprisoned in the County Jail until such forfeiture and costs of prosecution are paid or when there is appropriate credit for time served.
In certain circumstances, the Town Board may elect to adopt a specific penalty outside the general penalty parameters established in § 1-3A. Penalties differing from those prescribed by § 1-3A, shall, upon adoption, be recorded in the Uniform Forfeiture and Bond Schedule maintained by the Town of Grand Chute Clerk of Court.
Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this Code shall preclude the Town from taking or maintaining any appropriate action to prevent or remove a violation of this Code.
Whenever any person fails to pay any forfeiture and costs of prosecution 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 the forfeiture and costs.
Authorization for use of citations. Pursuant to § 66.0113, Wis. Stats., the Town hereby elects to use the citation method of enforcement of ordinances, including those for which a statutory counterpart exists.
Contents of citations. The form of the citation shall contain the following information:
The name, address, date of birth, and physical description of the alleged violator;
The factual allegations describing the alleged violation;
The date, time, and place of the offense;
The section of the Code or ordinance violated;
A designation of the offense in such manner as can be readily understood by a person making a reasonable effort to do so;
The time at which the alleged violator may appear in court;
A statement which in essence informs the alleged violator that:
A cash deposit based on the schedule established by § 1-4 may be made, which shall be delivered or mailed to the Town of Grand Chute Clerk of Court prior to the time of the scheduled court appearance.
If a cash deposit is made, no appearance in court is necessary unless he or she is subsequently summoned.
If a cash deposit is made and the alleged violator does not appear in court, he or she will be deemed to have entered a plea of no contest and submitted to a forfeiture and a penalty assessment imposed by § 165.87, Wis. Stats., and court costs as imposed by § 800.10, Wis. Stats., not to exceed the amount of the deposit, or will be summoned into court if the court does not accept the plea of no contest.
If no cash deposit is made and the alleged violator does not appear in court at the time specified, the court may issue a summons or a warrant for the defendant's arrest, consider the nonappearance to be a plea of no contest and enter judgment, or commence an action to collect the forfeiture.
If the court finds that the violation involves an ordinance that prohibits conduct that is the same or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and that the violation resulted in damage to the property of or physical injury to a person other than the alleged violator, the court may summon the alleged violator into court to determine if restitution shall be ordered.
A direction that if the alleged violator elects to make a cash deposit, the statement which accompanies the citation shall be signed to indicate that the statement required under Subsection B(7) has been read and shall be sent or delivered with the cash deposit;
Such other information as may be deemed necessary.
Officials authorized to issue citations. Citations authorized under this section may be issued by any law enforcement officer and by the following designated Town officials with respect to sections of the Code which are directly related to the official's area of responsibility. The officials granted authority to issue citations under this Section may delegate the authority to other Town employees, provided such delegation is authorized by the Town Board.
Violator's options; procedures on default. Section 66.0113(3), Wis. Stats., relating to a violator's options and procedures on default, is hereby adopted and incorporated by reference.
Citation procedure not exclusive.
Adoption of the citation method of enforcement of ordinances does not preclude the Town Board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matters.
The issuance of a citation under this section shall not preclude the Town or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation, or order.
The schedule of deposits for the various ordinances for which a citation may be issued shall be listed in the Uniform Forfeiture and Bond Schedule, which shall be established by the Municipal Judge and submitted to the Town Board for approval pursuant to § 28-6 of this code.
Deposits shall be made in cash, money order, or certified check to the Town of Grand Chute Clerk of Court, who shall provide a receipt therefor.