[4-15-1997; 2016 Code]
When a forfeiture in this code is set out as a forfeiture of
a certain class, the forfeiture shall be as set forth in this chapter.
[4-15-1997; 2016 Code]
In this chapter:
Means any person who has attained 17 years of age as defined
in section 938.02(1) of the Wisconsin statutes.
Means any person who has not attained 17 years of age as
defined in section 938.02(10m) of the Wisconsin statutes.
[4-15-1997; 2016 Code]
Any adult or juvenile who violates a code punishable by a class
1 forfeiture shall be subject to a forfeiture of not less than $200.00
nor more than $500.00. Any adult or juvenile who has attained 14 years
of age shall also be subject to applicable costs.
[4-15-1997; 2016 Code]
Any adult or juvenile who violates a code punishable by a class
2 forfeiture shall be subject to a forfeiture of not less than $100.00
nor more than $300.00. Any adult or juvenile who has attained 14 years
of age shall also be subject to applicable costs.
[4-15-1997; 2016 Code]
Any adult or juvenile who violates a code punishable by a class
3 forfeiture shall be subject to a forfeiture of not less than $50.00
nor more than $200.00. Any adult or juvenile who has attained 14 years
of age shall also be subject to applicable costs.
[4-15-1997; 2016 Code]
Any adult or juvenile who violates a code punishable by a class
4 forfeiture shall be subject to a forfeiture of not less than $25.00
nor more than $100.00. Any adult or juvenile who has attained 14 years
of age shall also be subject to applicable costs.
[4-15-1997; 2016 Code]
Any adult or juvenile who violates a code punishable by a class
5 forfeiture shall be subject to a forfeiture of not less than $10.00
nor more than $50.00. Any adult or juvenile who has attained 14 years
of age shall also be subject to applicable costs.
[4-15-1997; 1-3-2006; 2016 Code]
(A)
Any person arrested for a violation of this code may make a deposit
of money as directed by the officer making the arrest at the police
station or the office of the clerk of court or by mailing the deposit
to such places. The arresting officer or the person receiving the
deposit shall notify the arrested person, orally or in writing, that:
(1)
If the person makes a deposit as authorized by this section,
the person need not appear in court at the time fixed in the citation
and the person shall be considered to have tendered a plea of no contest
and submitted to a forfeiture and any penalty assessment, jail assessment
or other fee or assessment required by law, not to exceed the amount
of the deposit.
(2)
If the person fails to make a deposit as authorized by this
section or appear in court at the time fixed in the citation, the
court may enter a default judgment finding the person guilty of the
offense or issue a warrant for his or her arrest.
(B)
The amount of the deposit shall be determined as follows:
(1)
The deposit for offenses listed in a deposit schedule established
by the Wisconsin judicial conference shall be the amount set forth
in the most recent schedule established by the Wisconsin judicial
conference.
(2)
The deposit for offenses not listed in a deposit schedule established
by the Wisconsin judicial conference shall be an amount established
from time to time by resolution of the council.
(3)
If a deposit amount has not been established by either the Wisconsin
judicial conference or the judiciary and ordinance review committee,
the arresting officer shall require the alleged offender to deposit
not less than the maximum forfeiture permitted under this code plus
any penalty assessment, jail assessment or other fee or assessment
required by law.
[4-15-1997; 2016 Code]
(A)
Any adult who fails to pay a class 1, class 2, class 3, class 4,
or class 5 forfeiture imposed by this chapter shall be subject to
the alternative sentencing provisions set forth in sections 800.09
and 800.095 of the Wisconsin statutes.
(B)
Any juvenile who fails to pay a class 1, class 2, class 3, class
4, or class 5 forfeiture imposed by this chapter shall be subject
to the provisions set forth in section 938.343(2) of the Wisconsin
statutes.
(C)
Any juvenile who violates a code punishable by a class 1, class 2,
class 3, class 4, or class 5 forfeiture may be ordered to perform
community service as provided in section 938.343(3) and defined in
section 938.34(5g) of the Wisconsin statutes, or any other disposition
available under section 938.343 or 938.344 of the Wisconsin statutes,
in addition to or in lieu of a forfeiture.
(D)
Any adult who violates a code punishable by a class 1, class 2, class
3, class 4, or class 5 forfeiture may be ordered to perform community
service in addition to or in lieu of a forfeiture.
