[Adopted as Ch. 1, §§ 1.07 and 1.08, of the
1990 Code]
A.
Standard penalty.
Unless another penalty expressly provided by this Code for any particular
provision, section, or chapter, any person violating any provision
of this Code, or any rule or regulation adopted or issued in pursuance
thereof, or any provision of any code adopted herein by reference
shall, upon conviction, be subject to a forfeiture of not less than
$5 or more than $1,000 and the costs of prosecution of each violation.
In default of payment of such forfeiture and costs where no showing
of indigency is made, such person may be imprisoned in the county
jail until such forfeiture and costs of prosecution are paid, but
not to exceed 90 days.
[Amended 11-2-2023 by Ord. No. 2023-07]
B.
Each
day a violation. Each act of violation and every day upon which a
violation occurs or exists constitutes a separate offense.
C.
Amendments.
In case of any amendment of or addition to any section or chapter
of this Code, the penalty provided for the violation of such section
or chapter shall also relate to the amendment or addition, whether
reenacted in the amendatory ordinance or not, unless such penalty
is specifically repealed or amended therein.
D.
Reference
to sections. Reference to any section of this Code shall be understood
also to refer to and include the penalty section relating thereto,
unless otherwise expressly provided.
E.
Failure
of officers to perform duties. The failure of any officer or employee
of the Village to perform any official duty imposed by this Code shall
not subject such officer or employee to the penalty imposed for violation
of this Code, unless a penalty is specifically provided.
A.
The
citation shall provide for the information required in § 66.0113(1)(b),
Wis. Stats.
[Amended 7-11-2019 by Ord. No. 438]
B.
Moving and nonmoving violations. In traffic regulation actions, and moving traffic violations the Uniform Citation and Complaint specified in § 345.11, Wis. Stats., shall be used in lieu of the citation form specified in Subsection A above. The Uniform Citation and Complaint referred to in this Subsection B may be used for nonmoving traffic violations. A citation incorporating the nonmoving violation procedure of § 345.28, Wis. Stats., may be used as an alternative.
C.
Schedule
of cash deposits. There is created an Official Schedule of Cash Deposits
which are to be required for the various ordinance violations and
for the costs, fees and surcharges imposed under Ch. 814, Wis. Stats.,
and the jail assessment imposed by § 53.46(1), Wis. Stats.,
for which a citation may be issued. Such Official Schedule of Cash
Deposits shall be created by ordinance from time to time, and a copy
shall be kept permanently on file in the office of the Village Clerk,
the Clerk of the Municipal Court, and the Police Department. Such
cash deposits as are specified therein shall be deposited with the
Clerk of the Municipal Court, the Village Clerk or the Police Department,
and a receipt shall be given therefor.
[Amended 7-11-2019 by Ord. No. 438]
D.
Execution
against defendant's property. Whenever any person fails to pay any
forfeiture and costs of prosecution upon the order of the court for
violation of this Code or any ordinance of the Village, 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.
E.
Issuance of citations. Any law enforcement officer may issue a citation for enforcement of any provision of this Code. The Building Inspector may issue citations for violations of Chapters 8, Art. II, 111, 245, 252, 280, 342, 350, 364 and 370 of this Code. He may also sign complaints in behalf of the Village for any violation of this Code upon prior approval of the Village Board.
[Amended 7-11-2019 by Ord. No. 438]
F.
Violator's
options. The provisions of § 66.0113(3), Wis. Stats., relating
to violator's options and procedure on default, are hereby adopted
and incorporated herein by reference.
G.
Other
proceedings. Adoption of this section in no way precludes the adoption
of any other ordinance or providing for the enforcement of any other
law or ordinance relating to the same or any other matter. The issuance
of a citation under this section in no way precludes the proceeding
under any other law or ordinance relating to the same or any other
matter.
