[Adopted 11-21-2002 by Ord. No. 2002-2 (Ch. 15 of the Town Code); amended in its entirety 2-16-2006 by Ord. No.
2006-03]
The statutory provisions of §§ 66.0105,
66.0107, 66.0109, 66.0111, 66.0113, 66.0114, and 345.11 to 345.60,
Wis. Stats., are adopted and by reference made a part of this article
as if fully set forth herein. Any act required to be performed or
prohibited by any current or future statutes incorporated herein by
reference is required or prohibited, respectively, by this article.
Any future amendments, additions, revisions or modifications of the
statutes incorporated herein are intended to be made part of this
article in order to secure uniform statewide regulation and enforcement
of traffic and municipal ordinance violations.
Violations of ordinances enforced by the Town
shall be enforced by the issuance of citation. The Town adopts for
use the Wisconsin Uniform Municipal Citation and, where applicable,
the Wisconsin Uniform Traffic Citation.
A.
A schedule of cash deposits shall be established within
the penalty section of each individual ordinance within the Town of
Vernon, or by separate resolution of the Town Board, or, if not established
by the foregoing, the deposit shall be the maximum forfeiture permitted
under the ordinance that is alleged to be violated.
B.
In addition to the deposit amount noted above, all
applicable current penalty assessment, jail assessment, crime lab
assessment, and current court costs and other legally applicable and
chargeable costs shall be added to the cash deposit amount.
C.
If an ordinance violation is one which constitutes
a separate offense for each day the violation exists or continues,
the deposit shall be the amount that is determined above, multiplied
by the number of days that the violation has continued.
D.
A person alleged to have violated a Town ordinance
may also be required to appear in court, even if the deposit is paid,
as determined by the court and in accordance with state law.
E.
Cash deposits shall be paid to the Clerk of the Circuit
Court of Waukesha County, Wisconsin. The person receiving the cash
deposit shall give a receipt to the person making the deposit.
A.
Other ordinance. Adoption of this article 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.
B.
Other remedies. The issuance of a citation hereunder
shall not preclude the Town Board or any authorized office from proceeding
under any other ordinance or law or by any other enforcement method
to enforce any ordinance, regulation or order.
A.
General penalty.
(1)
For any adult adjudged to have violated the provision
of any municipal ordinance, the Municipal Court is authorized to impose
a forfeiture of not less than $100 nor more than $1,000 plus allowable
statutory costs per each offense. Failure to pay any forfeiture hereunder
shall subject such violator to be sentenced to the county jail and/or
revocation or suspension of driving privileges.
[Amended 6-1-2006 by Ord. No. 2006-08; 5-7-2015 by Ord. No. 2015-04]
(2)
Any person found guilty of violating any provisions
of any municipal 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
$100 nor more than $1,500 for each such offense, together with the
costs of prosecution. Failure to pay any forfeiture hereunder shall
subject such violator to be sentenced to the county jail and/or revocation
or suspension of driving privileges.
[Amended 6-1-2006 by Ord. No. 2006-08; 5-7-2015 by Ord. No. 2015-04]
(3)
For any person adjudged to have violated an ordinance
relating to truancy or school dropout, the Municipal Court is authorized
to impose any of the dispositions listed in § 938.342, Wis.
Stats., in accordance with the provisions of those statutes, and said
statutes are hereby adopted and incorporated herein. Any future amendments,
revisions, or modifications of the current or future statutes incorporated
herein are intended to be made part of this subsection in order to
secure uniform statewide regulation of the peace and good order of
the state.
(4)
For any juvenile adjudged to have violated any ordinance
other than truancy or school dropout, the Municipal Court is authorized
to impose any of the dispositions listed in §§ 938.343
and 934.344, Wis. Stats., in accordance with the provisions of those
statutes, and said statutes are hereby adopted and incorporated herein.
Any future amendments, revisions, or modifications of the current
or future statutes incorporated herein are intended to be made part
of this subsection in order to secure uniform statewide regulation
of the peace and good order of the state.
(5)
For any juvenile adjudged to have violated an ordinance
who violates a condition of a dispositional order of the court imposed
under § 938.343 or 938.344, Wis. Stats., the court is authorized
to impose any of the sanctions listed in §§ 938.355(6)(d)
and 895.035, Wis. Stats., in accordance with the provisions of those
statutes, and said statutes are hereby adopted and incorporated herein.
Any future amendments, revisions or modifications of the current or
future statutes incorporated herein are intended to be made part of
this subsection in order to secure uniform statewide regulation of
the peace and good order of the state.
[Amended 3-16-2006 by Ord. No. 2006-05]
(6)
Any other juvenile shall be referred to the proper
authorities as provided in the applicable Wisconsin Statutes.
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 Town from maintaining an appropriate
action to prevent or remove a violation of any provision of this Code.
C.
Execution against defendant's property. 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 order of execution
against the property of the defendant for such forfeiture and costs.
