[Adopted 10-18-1993 as Sec. 1-1-7 and Title 1, Ch. 2 of the 1989 Code of Ordinances]
A. 
General penalty. 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, penalty. Any person who shall violate any provision of this Code shall, upon conviction thereof, forfeit not less than $25 nor more than $500, 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 six months.
(2) 
Second and subsequent offenses, 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 $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 city from maintaining any appropriate action to prevent or remove a violation of any provision of this Code.
C. 
Other remedies.
(1) 
The city shall have any and all other remedies afforded by the Wisconsin statutes in addition to the forfeitures and costs of prosecution above.
(2) 
Execution against defendant's property. Whenever any person fails to pay a forfeiture and costs of prosecution upon the order of any court for violation of any ordinance of the city, 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 said forfeiture and costs.
The City of Manawa hereby elects to use the citation method of enforcement of ordinances. All city law enforcement officers and other city personnel charged with the responsibility of enforcing the provisions of this Code are hereby authorized, pursuant to W.S.A. s. 66.119(1)(a), to issue citations for violations of this Code, including ordinances for which a statutory counterpart exists.
The citation shall contain the following:
A. 
The name and address of the alleged violator.
B. 
Factual allegations describing the alleged violation.
C. 
The time and place of the offense.
D. 
The section of the ordinance violated.
E. 
A designation of the offense in such manner as can readily be understood by a person making a reasonable effort to do so.
F. 
The time at which the alleged violator may appear in court.
G. 
A statement which in essence informs the alleged violator that:
(1) 
A cash deposit based on the schedule established by this article may be made which shall be delivered or mailed to the Clerk of the Circuit Court or Chief of Police prior to the time of the scheduled court appearance.
(2) 
If a deposit is made, no appearance in court is necessary unless he or she is subsequently summoned.
(3) 
If a cash deposit is made and the alleged violator does not appear in court, he or she will be deemed to have entered a plea of no contest, or, if the court does not accept the plea of no contest, a summons will be issued commanding the alleged violator to appear in court to answer the complaint.
(4) 
If no cash deposit is made and the alleged violator does not appear in court at the time specified, an action may be commenced to collect the forfeiture.
(5) 
If the court finds that the violation involves an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and that the violation resulted in damage to the property of or physical injury to a person other than the alleged violator, the court may summon the alleged violator into court to determine if restitution shall be ordered under W.S.A. 800.093.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
H. 
A direction that if the alleged violator elects to make a cash deposit, the statement which accompanies the citation shall be signed to indicate that the statement required under Subsection G above has been read. Such statement shall be sent or brought with the cash deposit.
I. 
Such other information as the city deems necessary.
The form of the citation to be used by the city is on file in the City Clerk-Treasurer's office and is adopted by reference as though fully set forth herein.
A. 
The schedule of cash deposits shall be established for use with citations issued under this article by the Common Council according to the penalty provision of this Code.
B. 
Deposits shall be made in cash, money order or certified check to the Clerk of the Circuit Court, who shall provide a receipt therefor.
A. 
Law enforcement officer. Any law enforcement officer may issue citations authorized under this article.
B. 
City officials. The following city officials may issue citations with respect to those specified ordinances which are directly related to their official responsibilities:
(1) 
Any police officer.
(2) 
The Fire Chief or Fire Inspector.
(3) 
School crossing guards.
(4) 
The Zoning Administrator.
A. 
Other ordinances. Adoption of this article does not preclude the Common Council 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 city 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.