[Adopted 12-20-2011 by Ord. No. 2011-35]
A.
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:
(1)
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.
(2)
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
Contents of citations. The form of the citation shall contain the
following information:
(1)
The name, address, date of birth, and physical description of the
alleged violator;
(2)
The factual allegations describing the alleged violation;
(3)
The date, time, and place of the offense;
(4)
The section of the Code or ordinance violated;
(5)
A designation of the offense in such manner as can be readily understood
by a person making a reasonable effort to do so;
(6)
The time at which the alleged violator may appear in court;
(7)
A statement which in essence informs the alleged violator that:
(a)
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.
(b)
If a cash deposit is made, no appearance in court is necessary
unless he or she is subsequently summoned.
(c)
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.
(d)
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.
(e)
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.
(8)
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;
(9)
Such other information as may be deemed necessary.
C.
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.
D.
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.
E.
Citation procedure not exclusive.
(1)
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.
(2)
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.
A.
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.
B.
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.
