[Adopted as § 25.04 of the 1998
Code]
[Amended 1-23-2006 by Ord. No. 489; 11-22-2010 by Ord. No.
562; 6-23-2014 by Ord. No. 618]
Unless another penalty is specifically provided in a provision
of this Code or in the Schedule of Cash Deposits adopted by the Village,
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:
A.
First offense: penalty. Any person who shall violate any provision of this Code shall, upon conviction thereof, forfeit not less than $5 nor more than $500, together with all applicable fees, surcharges, costs and restitution. In default of payment thereof, the person shall be subject to Subsection C.
B.
Second offense: penalty. 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 $10 nor more than $500 for each such offense, together with all applicable fees, surcharges, costs and restitution. In default of payment thereof, the person shall be subject to Subsection C.
C.
Default
of payment. In default of payment of any forfeiture, fee, surcharge,
cost or restitution, the Court may order any one of, or a combination
of, the remedies set forth in Wis. Stats. § 800.095, including
but not limited to:
(1)
Suspension of the defendant's operating privileges until the
defendant pays the judgment, but not exceeding two years, if the judgment
is related to the person's operation of a motor vehicle (including
any nonmoving traffic offense) or is authorized under Wis. Stats.
Ch. 938 (the Juvenile Justice Code), as set forth in Wis. Stats. § 800.095(1)(a).
This section shall not apply to restitution orders or to cases where
service of the summons and complaint or citation is made by mail.
(2)
Imprisonment in the County Jail until such forfeiture, fees, surcharge
and costs are paid, but not exceeding 90 days for any one judgment.
The person shall receive a credit for each day of imprisonment as
set forth in Wis. Stats. § 800.095(1)(b). This section shall
not apply to restitution orders, or to cases where service of the
summons and complaint or citation is made by mail.
(3)
Assignment to the Municipal Court of not more than 25% of the person's
commissions, earnings, salaries, wages, pension benefits unless otherwise
exempt, benefits under Wis. Stats. Ch. 102 (Worker's Compensation);
and other money due or to be due to the person, including lottery
prizes, for payment of the unpaid forfeiture, costs, surcharge, fees
or restitution, as set forth in Wis. Stats. § 800.095(1)(c)
(4)
An order that the person perform community service work for a public
agency or nonprofit charitable organization approved by the court
and agreed to by the agency or organization; however, if such community
service work is ordered in lieu of restitution, the person to whom
restitution is owed must agree. Credit shall be given as set forth
in Wis. Stats. § 800.095(1)(d).
(5)
The Court may employ a collection company to collect the judgment
under Wis. Stats. §§ 800.095(5) and 755.21.
(6)
The Court or collection company may obtain payment through a setoff
against the person's tax refund under Wis. Stats. §§ 800.095(5)
and 71.935.
(7)
The Court may authorize payment in installment payments, or may modify,
suspend, or permanently stay the monetary judgment, or order that
the judgment be satisfied by community service pursuant to Wis. Stats.
§ 800.095(4).
(8)
In addition to the procedures under this section, the Village may
enforce the judgment in the same manner as for a judgment in an ordinary
civil action.
(9)
In addition to the procedures under this section, the Court may order
the transfer of any of the person's money or property that the
Village is holding and that is unclaimed by the defendant for more
than one year to pay any forfeitures, fees, costs or surcharges that
the defendant failed to pay to the Village.
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.
[1]
Editor's Note: Former § 1-5, Execution against defendant’s
property, was repealed 11-22-2010 by Ord. No. 562.
[Added 1-23-2006 by Ord. No. 489]
A.
Court authority to impose alternative juvenile dispositions
and sanctions. For a juvenile adjudged to have violated an ordinance,
the court is authorized to impose any of the dispositions listed in
Wis. Stats. §§ 938.342, 938.343 and 938.344, in accordance
with the provisions of those statutes.
B.
For a juvenile adjudged to have violated an ordinance
who violates a condition of a dispositional order of the court under
Wis. Stats. § 938.342, 938.343 or 938.344, the Municipal
Court is authorized to impose any of the sanctions listed in Wis.
Stats. § 938.355(6)(d), in accordance with the provisions
of those statutes.
C.
This section is enacted under the authority of Wis.
Stats. § 938.17(2).
[Added 1-23-2006 by Ord. No. 489; amended 11-22-2010 by Ord. No.
562]
The Court may order the defendant to pay restitution
pursuant to Wis. Stats. § 800.093.
[Added 1-23-2006 by Ord. No. 489]
A.
Statutory authority. Pursuant to the authority granted
by Wis. Stats. § 800.02, the use of a citation to be issued
for violations of ordinances, including those for which a statutory
counterpart exists, is hereby authorized.
B.
Officials authorized to issue citation. Citations authorized in Subsection A above may be issued by law enforcement officers of the Village. Except as set forth in Chapter 142, where Village officials, with respect to sections of the Code which are directly related to the official's area of responsibility, have cause for the issuance of a citation, those officials shall contact the Police Department, and the Police Department shall record a complaint and issue a citation upon said complaint.
[Amended 9-22-2014 by Ord. No. 621]
D.
Service. Unless otherwise provided by these ordinances
or by other law, service of a citation may be by personal delivery,
by leaving a copy of the citation at the person's place of residence,
or by mailing a copy by first class mail to the person's last known
address.
E.
Schedule of cash deposits.
[Amended 11-22-2010 by Ord. No. 562]
(1)
The schedule of cash deposits for the various ordinances
for which a citation may be issued are as established on the deposit
schedule approved by the Municipal Judge and adopted by the Village
Board, a copy of which is on file with the Clerk. In addition to the
deposit amount listed, the deposit must include court costs and all
surcharges, assessments and costs imposed by Wisconsin Statutes. The
schedule of cash deposits to be used for state traffic law violations
shall be as set forth in § 204-28.
(2)
In the event that a deposit amount is not found in the Village schedule adopted in Subsection E(1), a deposit in the amount set forth in the Revised Uniform State Traffic Deposit Schedule and Alcohol Beverages, Harassment, Safety, Tobacco, U.W. Rule, and Drug Paraphernalia and Rental Unit Energy Efficiency Violations Deposit Schedule and Uniform Misdemeanor Bail Schedule and Trespass to Land Deposit Schedule, adopted by the Wisconsin Judicial Conference, as may be amended from time to time, in effect on the date of the violation, including any variations or increases for subsequent offenses, may be used to establish the cash deposit allowed.
(3)
If the violation is not listed on either of the above schedules, the cash deposit shall be the maximum allowable forfeiture set forth for the violation as listed in the specific ordinance or, if no specific amount is set forth, 50% of the maximum applicable penalty set forth in § 1-3 of this Municipal Code, to which shall be added all of the required surcharges, fees, assessments and costs listed above. See also the penalty sections present in each chapter of this Code. If the violation is listed in the Village schedule and it is noted that no deposit is allowed and an appearance is required, the Municipal Judge shall determine the cash deposit amount.
[Added 1-23-2006 by Ord. No. 489; amended 11-22-2010 by Ord. No.
562]
Deposits shall be made as set forth in Wis.
Stats. § 800.37, and the Clerk of the Municipal Court of
the Village of Waterford and his or her authorized representatives
shall be authorized to receive cash deposits. The person receiving
such cash deposit shall give a receipt.
[Added 1-23-2006 by Ord. No. 489; amended 11-22-2010 by Ord. No.
562]
The Municipal Court Procedures set forth in Wis. Stats. Ch. 800 are adopted and incorporated herein by reference. See also § 50-12 of this Municipal Code.
[Added 1-23-2006 by Ord. No. 489]
A.
Adoption of this article does not preclude the Village
Board from adopting any other ordinance providing for the enforcement
of any other law or ordinance relating to the same or other matters.
B.
The issuance of a citation hereunder shall not preclude
the Village 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.
