Village of Sherwood, WI Chapter 40 Fees and Penalties

[HISTORY: Adopted by the Village Board of the Village of Sherwood at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II). Amendments noted where applicable.]

GENERAL REFERENCES

Impact fees — See Ch. 16.

Article I Fees, Interest and Other Charges

§ 40-1 Finance, taxation and public records (Chapter 3).

Fees, interest and other charges under Chapter 3 of this Code shall be as follows:

A. Article III, Hotel and Motel Room Tax:

	Code Section		Description	Amount
	§ 3-6A		Fee for permit to furnish rooms or lodging at retail	$2 for each permit
	§ 3-6C		Fee for renewal or issuance of a permit which has been previously suspended or revoked	$20
	§ 3-7B		Late filing fee for delinquent tax returns	$10
	§ 3-7B		Interest on unpaid taxes	7% per annum
	§ 3-7B		Interest on refunded taxes	7% per annum

§ 40-2 Public protection and safety (Chapter 4).

Fees, interest and other charges under Chapter 4 of this Code shall be as follows:

A. Article IV, Peace and Good Order:

	Code Section		Description	Amount
	§ 4-19D(2)		Interest rate on penalties payable to the Village which are delinquent	18% per annum

B. Article VII, Animals:

	Code Section		Description		Amount
	§ 4-42B		Dog license fees:
				Spayed/neutered	$5
				Unaltered	$10
				Late fee after March 31	$5

§ 40-3 Public works (Chapter 5).

Fees, interest and other charges under Chapter 5 of this Code shall be as follows:

A. Article I, Driveway, Sidewalk and Culvert Installation:

	Code Section		Description	Amount
	§ 5-2		Fee for permit to construct or make alterations to a driveway, sidewalk, culvert or ditch	$25

§ 40-4 Licenses, permits and regulations (Chapter 6).

Fees, interest and other charges under Chapter 6 of this Code shall be as follows:

A. Article II, Commercial and Charitable Solicitations:

	Code Section		Description	Amount
	§ 6-13		Fee for license to solicit sales or contributions	$27

B. Article III, Special Events:

	Code Section		Description	Amount
	§ 6-20A		Special event permit review fee	$250

§ 40-5 Stormwater Management (Chapter 13).

Fees, interest and other charges under Chapter 13 of this Code shall be as follows:

A. Article I, Construction Site Erosion Control:

	Code Section		Description	Amount
	§ 13-10		Fees under Ch. 13, Art. I	$50

B. Article II, Post-Construction Stormwater Management:

	Code Section		Description	Amount
	§ 13-25		Fees under Ch. 13, Art. II	$50

§ 40-6 Water Utility (Chapter 14).

Fees, interest and other charges under Chapter 14 of this Code shall be as follows:

A. Article V, Private Irrigation Systems:

	Code Section		Description	Amount
	§ 14-33		Fee for permit to install, operate or maintain a private irrigation system	$50

§ 40-7 Sewer Utility (Chapter 15).

Fees, interest and other charges under Chapter 15 of this Code shall be as follows:

A. Article I, Sewer Use and Sewer Service Charge:

	Code Section		Description	Amount
	§ 15-3L(3)(a)		Interest rate on installment payments	12% per annum
	§ 15-3M(2)		Permit and inspection fee for construction of a private wastewater disposal system	$10
	§ 15-7D		Standby charge for each unoccupied unit of service connected to the Village sewer system	$20 per month

B. Article II, Access/Connection Fee:

	Code Section		Description	Amount
	§ 15-13		Access/connection fee	$500

C. Article IV, Food Service Facilities:

	Code Section		Description	Amount
	§ 15-28		General permit fee	$25

D. Article V, Vehicle Service Facilities:

	Code Section		Description	Amount
	§ 15-38		General permit fee	$25

§ 40-8 Impact fees (Chapter 16).

The impact fees for land development in the Village of Sherwood to finance the capital costs of constructing, expanding and improving the Village of Sherwood public facilities shall be as set forth in Chapter 16, Impact Fees, of this Code.

§ 40-9 Parks and recreation (Chapter 19).

Fees, interest and other charges under Chapter 19 of this Code shall be as follows:

A. Article IV, Park Regulations:

[Amended 2-13-2017]

	Code Section		Description			Amount
	§ 19-25		Fee for use of park facilities, shelters or land areas:
				Legion or Wanick Park pavilion:
					Key deposit	$200
					Resident	$75/day
					Nonresident	$150/day
				Wanick amphitheater:
					Key deposit	$200
					Resident	$100/4 hours
					Nonresident	$300/4 hours
				Wanick baseball field:
					Resident	$10/hour
					Nonresident	$30/hour
				Wanick basketball court:
					Resident	$10/hour
					Nonresident	$30/hour
				Wanick soccer fields (per field):
					Resident	$10/hour
					Nonresident	$30/hour
				Wanick tennis courts (2 per court):
					Resident	$10/hour
					Nonresident	$30/hour

§ 40-10 Zoning (Chapter 22).

Fees, interest and other charges under Chapter 22 of this Code shall be as follows:

Code Section		Description	Amount
§ 22-35A(4)(a)		Fee in lieu of providing additional parking spaces	$7,500 per space
§ 22-81C(5)		Fee for permit to construct, alter or extend a manufactured housing park	$10 for each manufactured housing structure lot proposed, plus normal construction permit fees for any buildings to be included in the manufactured housing park
§ 22-81D(3)		Fee for original license to operate a manufactured housing park	$25 or $2 per manufactured housing lot, whichever is greater
§ 22-81D(4)		Fee for renewal license to operate a manufactured housing park	$25 or $2 per manufactured housing lot, whichever is greater
§ 22-81D(7)		Surety bond to guarantee collection of monthly parking fees	$2,000 if the park contains 100 units or fewer, or $4,000 if the park contains more than 100 units

§ 40-11 Building codes (Chapter 23).

Fees, interest and other charges under Chapter 23 of this Code shall be as follows:

A. Article I, Uniform Dwelling Code:

	Code Section		Description	Amount
	§ 23-5		Building permit fee	$1,066 (single-family, not including impact fees)

B. Article II, Numbering of Buildings:

	Code Section		Description	Amount
	§ 23-11C		Charge for Village to install an emergency number	$100

C. Article III, Fire Inspections:

	Code Section		Description		Amount
	§ 23-13		Fees for inspection violations:
				Initial inspection where violation is found	No charge
				First reinspection if violation still exists	No charge
				Second reinspection (by Fire Chief) and violation still exists	$50 per violation
				Third and fourth reinspection (by Fire Chief) and violation still exists	$100 per violation
				Fifth or more reinspections (by Fire Chief) and violation still exists	$150 per violation

§ 40-12 Subdivision and platting (Chapter 24).

[Amended 10-25-2021 by Ord. No. 2021-01]

Fees, interest and other charges under Chapter 24 of this Code shall be as follows:

Code Section		Description	Amount
§ 24-36B		Fee in lieu of dedication	$500
§ 24-47		Fee for street trees	$500 per lot[1]

[1] Editor's Note: The amount has increased to $800 per lot for the most recent developer's agreement.

Article II Penalties

§ 40-13 General penalty.

A. Except where a penalty is provided elsewhere in this Code, 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 $1,000, 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, but not exceeding 90 days.

(2) Second offense. Any person found guilty of violating any ordinance or part of an ordinance of this Code who shall previously have been convicted of a violation of the same ordinance within one year 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, but not exceeding six months.

B. Continued violations. Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this Code shall preclude the Village from maintaining any appropriate action to prevent or remove a violation of any provision of this Code.

C. Other remedies. The Village shall have any and all other remedies afforded by the Wisconsin Statutes in addition to the forfeitures and costs of prosecution above.

§ 40-14 Government and administration (Chapter 1).

Penalties under Chapter 1 of this Code shall be as follows:

A. Article I, Village Board and Other Meetings:

	Code Section	Penalty
	§ 1-2B(4)	A fine of $100 per meeting

§ 40-15 Finance, taxation and public records (Chapter 3).

Penalties under Chapter 3 of this Code shall be as follows:

A. Article III, Hotel and Motel Room Tax:

	Code Section		Penalty
	§ 3-7A		10% of the tax due
	§ 3-7C		Where, due to negligence, no return is filed or a return is filed late or an incorrect return is filed: 25% of the tax due Where, with the intent to defeat or evade the tax, no return is filed when due or a false or fraudulent return is filed: 50% of the tax due
	§ 3-9		A forfeiture not to exceed $200

§ 40-16 Public protection and safety (Chapter 4).

Penalties under Chapter 4 of this Code shall be as follows:

A. Article III, Minors:

	Code Section	Penalty
	§ 4-9B(1)	A forfeiture of $100, plus court costs
	§ 4-9B(4)	A forfeiture of $100, plus costs of prosecution, and, in default of the payment thereof, imprisonment in the county jail until such forfeiture and costs of prosecution are paid, but not to exceed 30 days
	§ 4-10C	(1) A forfeiture of not more than $50, plus costs, for a first violation, or a forfeiture of not more than $100, plus costs, for any second or subsequent violation committed within 12 months of a previous violation, subject to § 938.37, Wis. Stats., and subject to a maximum cumulative forfeiture amount of not more than $500 for all violations committed during a school semester. All or part of the forfeiture, plus costs, may be assessed against the person, the parents or guardian of the person, or both (2) An order for the person to attend school
	§ 4-10D	(1) Suspension of the child's operating privilege, as defined in § 340.01(40), Wis. Stats., for not less than 30 days nor more than one year. The court may take possession of any suspended license. If the court takes possession of a license, it shall destroy the license. The court shall forward to the Department of Transportation a notice stating the reason for and the duration of the suspension (2) A forfeiture of not more than $500, plus costs, subject to § 938.37, Wis. Stats. All or part of the forfeiture, plus costs, may be assessed against the person, the parents or guardian of the person, or both (3) An order for the person to attend school
	§ 4-11	A forfeiture of $100, plus costs of prosecution, and, in default of the payment thereof, imprisonment in the county jail until such forfeiture and costs of prosecution are paid, but not to exceed 60 days

B. Article IV, Peace and Good Order:

	Code Section		Penalty
	§ 4-19C		A forfeiture of $50, plus costs of prosecution and any other applicable court costs
	§ 4-19D(1)		First two false alarms per any twelve-month period: no charge Third and fourth false alarms per any twelve-month period: $50 Fifth and sixth false alarms per any twelve-month period: $75 Seventh and eighth false alarms per any twelve-month period: $100 Ninth and subsequent false alarms per any twelve-month period: $200
	§ 4-21B		A fine of $100
	§ 4-21C		A fine of $100
	§ 4-26B		A forfeiture of not less than $100, plus costs of prosecution, and, in default of the payment thereof, imprisonment in the county jail until said forfeiture and costs of prosecution are paid, but not to exceed 60 days
	§ 4-29F		For violations of § 4-29C, Possession of marijuana, a forfeiture of $250; for violations of § 4-29D, Drug paraphernalia, a forfeiture of $150, plus costs of prosecution; for violations of § 4-29E, Synthetic cannabinoid prohibited, a forfeiture of $150; and, in default of the payment of any amount described above, imprisonment in the county jail until such forfeitures and costs are paid, but not to exceed 90 days. With the exception of the above-described penalties for possession of marijuana and drug paraphernalia, all other penalties, fines and forfeitures for all other substances and violations set forth in the Uniform Controlled Substances Act, Ch. 961 of the Wisconsin Statutes, shall apply
	§ 4-30A		A forfeiture of $50, plus costs of prosecution, and, in default of the payment thereof, imprisonment in the county jail until such forfeiture and costs of prosecution are paid, but not to exceed five days, provided that for a first offense, any person under 18 years of age who shall be found violating the provisions of § 4-15 shall be warned of the penalty for such violation by any Calumet County Sheriff and shall be taken and delivered to the custody of the person having legal custody over him, and for a second or subsequent offense, he shall be dealt with according to the provisions of Ch. 48, Wis. Stats.
	§ 4-30B		A forfeiture of $50, plus costs of prosecution, and, in default of the payment thereof, imprisonment in the county jail until such forfeiture and costs of prosecution are paid, but not to exceed 60 days
	§ 4-30C		A forfeiture of $50, plus costs of prosecution, and, in default of the payment thereof, imprisonment in the county jail until such forfeiture and costs of prosecution are paid, but not to exceed 30 days

C. Article V, Premises Selling Alcohol Beverages:

	Code Section	Penalty
	§ 4-35	A forfeiture of not less than $50 nor more than $300, plus costs of prosecution, and, in default of the payment thereof, imprisonment in the county jail until such forfeiture and costs of prosecution are paid, but not to exceed 30 days

D. Article VI, Firearms and Weapons:

	Code Section	Penalty
	§ 4-37	A forfeiture of not less than $20 nor more than $200, plus costs of prosecution, and, in default of the payment thereof, imprisonment in the county jail until said forfeiture and costs are paid, but not to exceed 30 days

E. Article VII, Animals:

	Code Section	Penalty
	§ 4-41D	A forfeiture of $50, plus any related boarding, housing, transportation, associated fees, and costs of prosecution as stated in § 4-51 of this Code
	§ 4-52	$50

§ 40-17 Public works (Chapter 5).

Penalties under Chapter 5 of this Code shall be as follows:

A. Article I, Driveway, Sidewalk and Culvert Installation:

	Code Section	Penalty
	§ 5-9	$25

§ 40-18 Licenses, permits and regulations (Chapter 6).

Penalties under Chapter 6 of this Code shall be as follows:

A. Article II, Commercial and Charitable Solicitations:

	Code Section	Penalty
	§ 6-14	$25

B. Article III, Special Events:

	Code Section	Penalty
	§ 6-20B	A forfeiture of not less than $1,000 nor more than $5,000

§ 40-19 Public nuisance (Chapter 7).

Penalties under Chapter 7 of this Code shall be as follows:

A. Article I, Junked Vehicles and Appliances:

	Code Section	Penalty
	§ 7-7	A forfeiture of not less than $50 nor more than $200, plus costs of prosecution, and, in default of the payment thereof, imprisonment in the county jail until said forfeiture and costs are paid, but not to exceed 60 days

B. Article II, Nuisances:

	Code Section	Penalty
	§ 7-18	For violations of § 7-10, Public nuisances affecting health, a fine of $50 For violations of § 7-11, Public nuisances offending morals and decency, a fine of $50 For violations of § 7-12, Public nuisances affecting peace and safety, a fine of $100 For violations of § 7-14, Loud and unnecessary noise, a fine of $50 for a first offense and a fine of $100 for a second offense For all other violations, $150

C. Article III, Snow and Ice:

	Code Section	Penalty
	§ 7-20A(2)	A forfeiture of not less than $50 nor more than $250
	§ 7-23	$100

D. Article IV, Property Maintenance Standards. All violations of this article shall be subject to a forfeiture of not less than $250 and not more than $1,000 per offense, together with applicable surcharges and penalty assessment and taxable costs of prosecution, and the court may also grant injunctive relief. Failure to comply with an order of abatement issued under this article shall constitute a violation of this article, and each day of continued violation shall constitute a separate offense. Failure to pay any penalties imposed by the court in accordance with this article may result in imprisonment in the county jail.

[Added 5-9-2016]

§ 40-20 Refuse and recycling (Chapter 11).

Penalties under Chapter 11 of this Code shall be as follows:

A. Article I, Recycling:

	Code Section	Penalty
	§ 11-17C	For violations of § 11-16, Scavenging, a forfeiture of $50 for a first violation; a forfeiture of $200 for a second violation; and a forfeiture of not more than $2,000 for a third or subsequent violation For all other violations of Chapter 11, Article I (excluding § 11-16), a forfeiture of not less than $10 nor more than $1,000 for each violation

B. Article II, Disposal of Solid Waste:

	Code Section	Penalty
	§ 11-26B	For violations of § 11-20, Collection of solid waste, a forfeiture of $25 for a first violation, plus costs of prosecution; a forfeiture of $50 for a second violation, plus costs of prosecution; and a forfeiture of $100 for a third or subsequent violation, plus costs of prosecution; and, in default of the payment thereof, imprisonment in the county jail until said forfeiture and costs are paid, but not to exceed 90 days For all other violations of Chapter 11, Article II (excluding § 11-20), a forfeiture of $50 for each violation, plus costs of prosecution, and, in default of the payment thereof, imprisonment in the county jail until said forfeiture and costs are paid, but not to exceed 90 days

§ 40-21 Stormwater Management (Chapter 13).

Penalties under Chapter 13 of this Code shall be as follows:

A. Article I, Construction Site Erosion Control:

	Code Section	Penalty
	§ 13-12F	A forfeiture of not less than $25 nor more than $500, plus costs of prosecution, for each violation

B. Article II, Post-Construction Stormwater Management:

	Code Section	Penalty
	§ 13-26I	A forfeiture of not less than $25 nor more than $500 per offense, plus costs of prosecution

§ 40-22 Water Utility (Chapter 14).

Penalties under Chapter 14 of this Code shall be as follows:

A. Article I, Water and Sewer Utility Regulations and Rate Structure:

	Code Section	Penalty
	§ 14-5A	A forfeiture of not less than $50 nor more than $300, plus costs of prosecution, and, in default of the payment thereof, imprisonment in the county jail until said forfeiture and costs are paid, but not exceeding 90 days

B. Article II, Cross-Connections:

	Code Section	Penalty
	§ 14-15	A forfeiture of not less than $50 nor more than $200, plus costs of prosecution

C. Article III, Well Abandonment:

	Code Section	Penalty
	§ 14-21	A forfeiture of not less than $50 nor more than $200, plus costs of prosecution

D. Article IV, Wellhead Protection:

	Code Section	Penalty
	§ 14-30C	A forfeiture of not less than $100 nor more than $500 for each offense, plus costs of prosecution

E. Article V, Private Irrigation Systems:

	Code Section	Penalty
	§ 14-35	A forfeiture of not less than $50 nor more than $200, plus costs of prosecution

§ 40-23 Sewer Utility (Chapter 15).

Penalties under Chapter 15 of this Code shall be as follows:

A. Article I, Sewer Use and Sewer Service Charge:

	Code Section	Penalty
	§ 15-3L(3)(b)	An amount equal to 150% of the average residential charges for sewer service
	§ 15-7E(1)	1% per month of the unpaid balance
	§ 15-9C	A forfeiture of not more than $1,000, plus costs of prosecution
	§ 15-9F(2)(a)	A civil penalty of not more than $1,000, plus actual damages incurred by the POTW, per violation per day for as long as the violation continues

B. Article III, Clear Water Discharges:

Code Section	Penalty
§ 15-19B	A forfeiture of $1,000 per day for causation or continuance of a nuisance A forfeiture of $200 per day for failure to remove an existing connection

C. Article IV, Food Service Facilities:

Code Section	Penalty
§ 15-27A	A fine of no more than $50 per day late
§ 15-27B	A fine of no more than $50 per day late
§ 15-27C	A fine of no more than $100 per day late
§ 15-27D	A fine of no more than $100 for the first offense, $300 for the second offense, $1,000 for the third offense, and $2,000 per offense thereafter
§ 15-27E	A fine of no more than $500 per offense
§ 15-27F	A fine of $1,000 for a first offense, $3,000 for a second offense, and $5,000 for a third offense, and possible revocation of permit; in addition, further criminal charges and penalties may be applicable

D. Article V, Vehicle Service Facilities:

Code Section	Penalty
§ 15-37A	A fine of no more than $50 per day late
§ 15-37B	A fine of no more than $50 per day late
§ 15-37C	A fine of no more than $100 per day late
§ 15-37D	A fine of no more than $100 for the first offense, $300 for the second offense, $1,000 for the third offense, and $2,000 per offense thereafter
§ 15-37E	A fine of no more than $500 per offense
§ 15-37F	A fine of $1,000 for a first offense, $3,000 for a second offense, and $5,000 for a third offense, and possible revocation of permit; in addition, further criminal charges and penalties may be applicable

§ 40-24 Illicit discharge and connection (Chapter 17).

Penalties under Chapter 17 of this Code shall be as follows:

Code Section	Penalty
§ 17-14A	A forfeiture of not less than $25 nor more than $500, plus costs of prosecution, for each violation

§ 40-25 Parks and recreation (Chapter 19).

Penalties under Chapter 19 of this Code shall be as follows:

A. Article I, Use of Stormwater Pond Areas and Recreation Paths:

Code Section	Penalty
§ 19-8	A fine of not less than $25 and not more than $500 per person, per violation, plus costs of prosecution

B. Article II, Low-Speed Vehicles in High Cliff State Park:

Code Section	Penalty
§ 19-18A	A fine of not less than $25 and not more than $500 per person, per violation, plus costs of prosecution

C. Article IV, Park Regulations:

Code Section	Penalty
§ 19-32	A forfeiture of $100, and any violation may also result in expulsion from all Village parks for a period up to one year

§ 40-26 Traffic Code (Chapter 20).

Penalties under Chapter 20 of this Code shall be as follows:

A. Article I, Winter Parking:

Code Section	Penalty
§ 20-2	A forfeiture of not less than $2 nor more than $10 at the discretion of the court as either a fine or forfeiture, plus costs and expenses of any towing or moving charges, and, in default of payment of said fine, charges, expenses and costs, imprisonment in the county jail for not less than 10 days nor more than 30 days

B. Article V, Traffic and Snowmobile Regulations:

[Amended 10-8-2018]

Code Section	Penalty
§ 20-17B	A forfeiture of $50, plus costs of prosecution
§ 20-17C(1)	A forfeiture of $50, plus costs of prosecution
§ 20-17C(2)	A forfeiture of $50
§ 20-10H	A forfeiture of not less than $2 nor more than $10 at the discretion of the court as either a fine or forfeiture, plus costs and expenses of any towing or moving charges, and, in default of payment of said fine, charges, expenses and costs, imprisonment in the county jail for not less than 10 days nor more than 30 days.

§ 40-27 Shoreland-wetland zoning (Chapter 21).

Penalties under Chapter 21 of this Code shall be as follows:

Code Section	Penalty
§ 21-9	A forfeiture of not less than $25 nor more than $100 per offense, together with the taxable costs of such action

§ 40-28 Zoning (Chapter 22).

Penalties under Chapter 22 of this Code shall be as follows:

Code Section	Penalty
§ 22-108D(1)	A forfeiture of not less than $10 nor more than $500 and the costs of prosecution for each violation, including court costs and reasonable attorney fees, and, in default of payment of such forfeiture and costs, imprisonment in the county jail until payment thereof, but not exceeding 30 days
§ 22-108D(2)	A cash deposit of $100 for a first offense; $250 for a second offense of a similar nature within a twelve-month period; and $500 for a third offense of a similar nature within a twelve-month period

§ 40-29 Building codes (Chapter 23).

Penalties under Chapter 23 of this Code shall be as follows:

A. Article I, Uniform Dwelling Code:

	Code Section	Penalty
	§ 23-6	$50

§ 40-30 Subdivision and platting (Chapter 24).

Penalties under Chapter 24 of this Code shall be as follows:

Code Section	Penalty
§ 24-61A	A forfeiture of not less than $50 nor more than $500 and the costs of prosecution for each violation, and, in default of payment of such forfeiture, imprisonment in the county jail until the payment thereof, but not exceeding six months