[Adopted 11-8-2017 by Ord. No. 2017-04]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Generally, except as otherwise provided, any person who shall
violate any of the provisions of this Code or any rule or regulation
adopted or issued in pursuance thereof, or any provision of any code
adopted by reference in this Code, shall, upon conviction of such
violation, be subject to a penalty which shall be as follows:
A.
First
offense. Any person who shall violate any provision of this Code shall,
upon conviction thereof, forfeit $100 for each such offense 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.
B.
Second
offense. Any person found guilty of violating any ordinance or part
of an ordinance of this Code who has previously been convicted of
a violation of the same ordinance within one year shall, upon conviction
thereof, forfeit not less than $250 for each such offense together
with the 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 are paid, but not exceeding six months.
C.
Third offense.
Any person found guilty of violating any ordinance or part of an ordinance
of this Code who has previously been convicted of a violation of the
same ordinance within one year shall, upon conviction thereof, forfeit
not less than $500 for each such offense together with the 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
are paid, but not exceeding six months.
Each violation and each day a violation continues or occurs
shall constitute a separate offense. Nothing in this Code shall preclude
the Town from maintaining any appropriate action to prevent or remove
a violation of any provision of this Code.
Whenever any person fails to pay any forfeiture and costs of
prosecution upon the order of any 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 such forfeiture
and costs.
A.
Statutory
authorization. Pursuant to Wis. Stats., § 66.0113, the Town
elects to use the citation method of enforcement of ordinances, including
those for which a statutory counterpart exists.
B.
Contents
of citation. The citation shall contain the following:
(1)
Name and address of the alleged violator.
(2)
Factual allegations describing the alleged violation.
(3)
Time and place of the offense.
(4)
Number and section of the ordinance violated.
(5)
A designation of the offense in such a manner as can readily be understood
by a person making a reasonable effort to do so.
(6)
Time and date in which the alleged violator may appear in court and
a statement describing whether the appearance is mandatory.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(7)
A statement that in essence informs the violator:
(a)
That a cash deposit based on an established schedule set from time
to time by the Town Board on file in the Clerk's office may be delivered
or mailed to the Clerk of municipal court prior to the time of the
scheduled court appearance.
(b)
That if the alleged violator makes such a deposit, he or she need
not appear in court unless appearance is mandated by the court or
he or she is subsequently summoned.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(c)
If the alleged violator makes a cash deposit and fails to appear
in court, the citation may serve as the initial pleading and the violator
shall be considered to have tendered a plea of no contest and submitted
to a forfeiture, the penalty assessment imposed by Ch. 814, Wis. Stats.,
the jail assessment imposed by § 302.46(1), Wis. Stats.,
and any applicable domestic abuse assessment imposed by Wis. Stats.,
§ 973.055(1), not exceeding the amount of the deposit. The
court may either accept the plea of no contest and enter judgment
accordingly or reject the plea. If the court finds the violation meets
the conditions in Wis. Stats., § 800.093(1), the court may
summon the alleged violator into court to determine if restitution
shall be ordered under Wis. Stats., § 800.093. If the court
accepts the plea of no contest, the defendant may move, within 10
days after the date set for the appearance, to withdraw the plea of
no contest, open the judgment and enter a plea of not guilty if the
defendant shows to the satisfaction of the court that the failure
to appear was due to mistake, inadvertence, surprise or excusable
neglect. If the plea of no contest is accepted and not subsequently
changed to a plea of not guilty, no costs or fees may be taxed against
the violator, but a penalty assessment, a jail assessment and, if
applicable, a domestic abuse assessment shall be assessed. If the
court rejects the plea of no contest, an action for collection of
the forfeiture, penalty assessment, jail assessment and any applicable
domestic abuse assessment may be commenced. The Town may commence
action under Wis. Stats., § 66.0114(1). The citation may
be used as the complaint in the action for the collection of the forfeiture,
penalty assessment, jail assessment and any applicable domestic abuse
assessment.
(d)
If the alleged violator does not make a cash deposit and fails to appear in court at the time specified in the citation, the court may issue a summons or warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment accordingly if service was completed as provided under Subsection B(7)(e), or the Town may commence an action for collection of the forfeiture, penalty assessment and jail assessment and any applicable domestic abuse assessment. The Town may commence action under Wis. Stats., § 66.0114(1). The citation may be used as the complaint in the action for the collection of the forfeiture, penalty assessment and jail assessment and any applicable domestic abuse assessment. If the court considers the nonappearance to be a plea of no contest and enters judgment accordingly, the court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow the defendant not less than 20 days from the date of the judgment to pay any forfeiture, penalty assessment and jail assessment and any applicable domestic abuse assessment imposed. If the defendant moves to open the judgment within six months after the court appearance date fixed in the citation, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect, the court shall reopen the judgment, accept a not guilty plea and set a trial date.
(e)
A direction that if the alleged violator elects to make a cash deposit,
the statement that accompanies the citation shall be signed to indicate
that the required statement has been read. Such statement shall be
sent or brought with the cash deposit.
(8)
Deposits shall be made in cash, money order or certified check to
the Clerk of municipal court, who shall provide a receipt therefor.
C.
Issuance
of citations. Any Town law enforcement officer is authorized to issue
citations for violations of those ordinances they are empowered to
enforce.
D.
Procedure.
Wis. Stats., § 66.0113(3), relating to a violator's options
and procedures on default, is adopted and incorporated by reference
in this section.
E.
Nonexclusivity.
(1)
Other ordinance. Adoption of this section 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 matter.
