[HISTORY: Adopted by the Board of Supervisors
of Green Lake County 4-15-1980 by Ord. No. 220-80; amended in its entirety 6-16-2020 by Ord. No. 5-2020. Subsequent amendments noted where applicable.]
A.
Green Lake County adopts and authorizes use of a Wisconsin Uniform
Municipal Citation described in § 66.0113 Wis. Stats., and
authorizes the use of a citation to be issued for violations of ordinances,
including those for which a statutory counterpart exists, and makes
it a part of this chapter by reference.
B.
Any future amendments, revisions, or modifications of Wis. Stats.
§ 66.0113 or any other statutes referred to in this chapter
are intended to be made part of this chapter as such amendments, revisions,
or modifications are made to said statutes.
C.
The citation shall substantially conform to Wis. Stats. § 66.0113(1)(b),
and shall provide for the following:
(1)
The name and address of the alleged violator.
(2)
The factual allegations describing the alleged violation.
(3)
The time and place of the offense.
(4)
The section of the ordinance violated.
(5)
A designation of the offense in a manner that can be readily understood
by a person making a reasonable effort to do so.
(6)
The time at which the alleged violator may appear in court.
(7)
A statement which in essence informs the alleged violator:
(a)
That the alleged violator may make a cash deposit of a specified
amount to be mailed to a specified official within a specified time.
(b)
That if the alleged violator makes such a deposit, he or she
need not appear in court unless subsequently summoned.
(c)
That, if the alleged violator makes a cash deposit and does
not appear in court, he or she either will be deemed to have tendered
a plea of no contest and submitted to a forfeiture, plus costs, fees,
and surcharges imposed under Ch. 814, Wis. Stats., not to exceed the
amount of the deposit or will be summoned into court to answer the
complaint if the court does not accept the plea of no contest.
(d)
That, if the alleged violator does not make a cash deposit and
does not appear in court at the time specified, the court may issue
a summons or a warrant for the defendant's arrest or consider
the nonappearance to be a plea of no contest and enter judgment under
§ 66.0113(3)(d), Wis. Stats., or the municipality may commence
an action against the alleged violator to collect the forfeiture,
plus costs, fees, and surcharges imposed under Ch. 814, Wis. Stats.
(e)
That 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 § 800.093, Wis. Stats.
(8)
A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he or she read the statement required under Subsection C(7) and shall send the signed statement with the cash deposit.
(9)
Such other information as may be deemed necessary.
A.
The following schedule of cash deposits are required for the following
ordinance violations for which a citation may be issued.
(1)
All applicable court costs that are prescribed or adopted by Wisconsin
Statutes and the Wisconsin Circuit Court shall be added to the deposits
set forth below.
(2)
The deposit and the court costs shall be totaled together to establish
the amount of the forfeiture placed on the citation. (See Wisconsin
Circuit Court Fee, Forfeiture, Fine and Surcharge Tables for applicable
court costs.)
(3)
The schedule of deposits only applies to ordinance citations where
the violation includes a range of forfeitures. If the forfeiture or
fine is a finite amount, the forfeiture shall be the amount listed
in the ordinance plus applicable court costs.
(4)
If not otherwise specified below or subject to Subsection A(3) above, a violation of the Green Lake County Code of Ordinances shall consist of a forfeiture of not less than 1/2 of the maximum forfeiture permitted plus applicable court costs.
[Amended 8-18-2020 by Ord. No. 11-2020]
|
Code Chapter or Section
|
Ordinance Title or Subject
|
Deposit
|
|---|---|---|
|
General Legislation
| ||
|
32
|
Emergency Management
| |
|
§ 32-10
|
$150
| |
|
93
|
Adult-Oriented Establishments
| |
|
§ 93-15
|
$500
| |
|
98
|
Alarm Systems
| |
|
§ 98-5A
|
$100
| |
|
§ 98-7
|
$100
| |
|
103
|
Animals
| |
|
§ 103-3A
|
$100
| |
|
§ 103-3B
|
$600
| |
|
$50
| ||
|
$100
| ||
|
$200
| ||
|
$300
| ||
|
$400
| ||
|
§ 103-13C(1) and (2)
|
$75
| |
|
§ 103-14E
|
$150
| |
|
§ 103-16A (first offense)
|
$50
| |
|
§ 103-16A (second and subsequent offense)
|
$200
| |
|
§ 103-16B (first offense)
|
$50
| |
|
§ 103-16B (second and subsequent offense)
|
$200
| |
|
§ 103-16C (first offense)
|
$50
| |
|
§ 103-16C (second and subsequent offense)
|
$200
| |
|
§ 103-22B
|
$200
| |
|
§ 103-22C
|
$50
| |
|
§ 103-22D
|
$50
| |
|
§ 103-25A
|
$50
| |
|
§ 103-25B
|
$150
| |
|
§ 103-25C
| ||
|
$50
| ||
|
$100
| ||
|
$200
| ||
|
$300
| ||
|
$400
| ||
|
§ 103-29
|
$200
| |
|
§ 103-31.4A (first offense)
|
$50
| |
|
§ 103-31.4A (second and subsequent offense)
|
$200
| |
|
109
|
Assemblies, Mass Public
| |
|
§ 109-4A
|
$1,000
| |
|
§ 109-10
|
$1,000
| |
|
118
|
Checks-Fraudulent
| |
|
§ 118-1A <500
|
$50
| |
|
§ 118-1B >500
|
$250
| |
|
123
|
County Jail
| |
|
§ 123-5
|
$200
| |
|
§ 123-6
|
$200
| |
|
§ 123-7
|
$200
| |
|
§ 123-9
|
$200
| |
|
130
|
Drugs and Drug Paraphernalia
| |
|
§ 130-1
|
$350
| |
|
§ 130-2A
|
$350
| |
|
§ 130-2B
|
$350
| |
|
§ 130-3
|
$350
| |
|
138
|
Fairgrounds — Junior Free Fair
| |
|
§ 138-2
|
$250
| |
|
§ 138-5
|
$250
| |
|
148
|
Food Safety and Recreational Licensing Program
| |
|
§ 148-13A
|
$300
| |
|
154
|
Health and Sanitation
| |
|
§ 154-10D
|
$200
| |
|
§ 154-12F (first violation)
|
$200
| |
|
§ 154-12F (second and subsequent violation)
|
$400
| |
|
159
|
Highways
| |
|
§ 159-27A
|
$300
| |
|
160
|
Highway Fees and Permits
| |
|
§ 160-18
|
$300
| |
|
163
|
Intoxicating Liquor and Fermented Malt Beverages
| |
|
General Alcohol Violations
| ||
|
§ 163-4A(1) (first offense)
|
$250
| |
|
§ 163-4A(2) (second offense)
|
$300
| |
|
§ 163-4A(3) (third offense)
|
$500
| |
|
§ 163-4A(4) (fourth offense)
|
$750
| |
|
Penalties for underage persons 17 years or older
| ||
|
§ 163-5A (first offense)
|
$100
| |
|
§ 163-5A (second offense)
|
$200
| |
|
§ 163-5A (third offense)
|
$300
| |
|
§ 163-5A (fourth offense)
|
$500
| |
|
§ 163-5B (first offense)
|
$100
| |
|
§ 163-5B (second offense)
|
$200
| |
|
§ 163-5B (third offense)
|
$300
| |
|
§ 163-5B (fourth offense)
|
$500
| |
|
Penalties for underage persons under 17 years
| ||
|
§ 163-5A (first offense)
|
$250
| |
|
§ 163-5A (second offense)
|
$300
| |
|
§ 163-5A (third offense)
|
$500
| |
|
§ 163-5B (first offense)
|
$30
| |
|
§ 163-5B (second offense)
|
$60
| |
|
§ 163-5B (third offense)
|
$100
| |
|
§ 163-7B
|
$100
| |
|
§ 163-7C
|
$100
| |
|
§ 163-7D
|
$100
| |
|
§ 163-8
|
$100
| |
|
§ 163-9A
|
$500
| |
|
§ 163-9B
|
$500
| |
|
§ 163-12
|
$500
| |
|
168
|
Juveniles
| |
|
§ 168-6A
|
$100
| |
|
§ 168-6B
|
$100
| |
|
§ 168-6C
|
$100
| |
|
§ 168-9
|
$100
| |
|
187
|
Parks and Recreation
| |
|
$50
| ||
|
$150
| ||
|
§ 187-2
|
$150
| |
|
192
|
Peace and Good Order
| |
|
§ 192-1A
|
$100
| |
|
§ 192-1B
|
$100
| |
|
§ 192-1C
|
$100
| |
|
§ 192-1D
|
$100
| |
|
§ 192-6
|
$100
| |
|
§ 192-9
|
$150
| |
|
§ 192-10
|
$150
| |
|
§ 192-11
|
$150
| |
|
§ 192-13
|
$150
| |
|
§ 192-14
|
$125
| |
|
§ 192-15
|
$125
| |
|
§ 192-17 (first offense)
|
$125
| |
|
§ 192-17 (second and subsequent offense)
|
$300
| |
|
§ 192-18 (first offense)
|
$125
| |
|
§ 192-18 (second and subsequent offense)
|
$300
| |
|
§ 192-19
|
$100
| |
|
§ 192-20
|
$100
| |
|
§ 192-21
|
$200
| |
|
§ 192-22
|
$200
| |
|
§ 192-23
|
Offenses against state law subject to forfeiture
| |
|
Absconding without paying rent
|
$75
| |
|
Bail jumping
|
$500
| |
|
Battery
|
$750
| |
|
Certain slot machines on licensed premises
|
$400
| |
|
Cheating tokens
|
$150
| |
|
Cigarette and tobacco products retailers licenses
|
$150
| |
|
Defamation
|
$350
| |
|
Definitions relating to gambling
|
$300
| |
|
Discharge of bodily fluids
|
$400
| |
|
Encouraging violation of probation or parole
|
$750
| |
|
Entry into locked coin box
|
$750
| |
|
Entry into locked site
|
$750
| |
|
Entry into locked vehicle
|
$750
| |
|
Failure to report to jail by probationer for misdemeanor conviction
|
$750
| |
|
Failure to report to jail where defendant received a sentence
less than 10 days
|
$450
| |
|
Falsely assuming to act as public officer or employee
|
$450
| |
|
Financial transaction card crimes
|
$750
| |
|
Fireworks regulated
|
$300
| |
|
Forgery
|
$750
| |
|
Fraud on innkeeper
|
$400
| |
|
Fraudulent insurance and employee benefit claims
|
$750
| |
|
Giving false information for publication
|
$400
| |
|
Hazing
|
$250
| |
|
Impersonating peace officer
|
$450
| |
|
Laser pointers
|
$400
| |
|
Leaving a loaded firearm within reach of a child
|
$150
| |
|
Lewd and lascivious behavior
|
$400
| |
|
Making lewd, obscene or indecent drawings
|
$150
| |
|
Negligent handling of burning materials
|
$150
| |
|
Negligent operation of a vehicle
|
$225
| |
|
Negligently allowing escape
|
$400
| |
|
Obscene material or performance
|
$150
| |
|
Operating vehicle without owner's consent
|
$750
| |
|
Permitting premises to be used for commercial gambling
|
$750
| |
|
Possess burglary tools
|
$500
| |
|
Possession of a dangerous weapon by a child
|
$400
| |
|
Possession of a dangerous weapon on school premises
|
$400
| |
|
Receiving property from children
|
$750
| |
|
Receiving stolen property
|
$300
| |
|
Restrictions on sale or gift of cigarettes or tobacco products
|
$300
| |
|
Retail theft
|
$300
| |
|
Sending obscene or sexually explicit electronic messages
|
$150
| |
|
Solicitation of drinks prohibited
|
$225
| |
|
Strip search by school employee
|
$300
| |
|
Theft of property
|
$300
| |
|
Trespass to dwellings
|
$300
| |
|
Unlawful use of computerized communications systems
|
$300
| |
|
Violating laws governing state or county institutions
|
$125
| |
|
Violation of nonsecure custody order
|
$300
| |
|
§ 192-26A
|
$100
| |
|
§ 192-26B
|
$100
| |
|
196
|
Peddlers, Canvassers and Transient Merchants
| |
|
§ 196-8
|
$75
| |
|
206
|
Public Assistance
| |
|
§ 206-4A
|
$500
| |
|
217
|
Road Names and Building Numbers
| |
|
§ 217-3
|
$100
| |
|
228
|
Smoking and Tobacco Products
| |
|
§ 228-5
|
$20
| |
|
§ 228-9A
|
$20
| |
|
§ 228-9B
|
$20
| |
|
§ 228-9C
|
$20
| |
|
232
|
Snowmobiles
| |
|
§ 232-8
|
$50
| |
|
235
|
Solid Waste
| |
|
§ 235-5 (first offense)
|
$100
| |
|
§ 235-5 (second and subsequent offense)
|
$400
| |
|
§ 235-6A
|
$50
| |
|
§ 235-6B
|
$50
| |
|
248
|
Truancy
| |
|
§ 248-1
|
$125
| |
|
§ 248-2
|
$125
| |
|
260
|
Vehicles and Traffic
| |
|
§ 260-09
|
$200
| |
|
§ 260-11.1
|
$10
| |
|
§ 260-3
|
$50
| |
|
§ 260-4
|
$50
| |
|
§ 260-7A
|
$100
| |
|
§ 260-7B
|
$100
| |
|
§ 260-7C
|
$100
| |
|
§ 260-8
|
$100
| |
|
Land Use Legislation
| ||
|
300
|
Floodplain Zoning
| |
|
§ 300.46.1C
|
$50
| |
|
315
|
Land Division and Subdivision
| |
|
§ 315-15C
|
$50
| |
|
323
|
Nonmetallic Mining Reclamation
| |
|
§ 323-35A
|
$500
| |
|
§ 323-35B
|
$2,500
| |
|
334
|
Sewage Systems, Private
| |
|
§ 334-8
|
$200
| |
|
338
|
Shoreland Zoning
| |
|
§ 338-71C
|
$250
| |
|
350
|
Zoning
| |
|
§ 350-69
|
$250
|
B.
The bond schedule for motor vehicle and parking violations as set
forth in the uniform state traffic deposit schedule, is adopted by
reference and made a part hereof.
C.
All deposits shall be made in cash, personal check, credit card,
debit card, money order or certified check to the Green Lake County
Clerk of Circuit Court, 571 County Road A, Green Lake, WI 54941, who
shall provide a receipt for all deposits paid.
A.
The person named as the alleged violator in a citation may appear
in court at the time specified in the citation or may mail or deliver
personally a cash deposit in the amount, within the time, and to the
court, clerk of court, or other official specified in the citation.
If a person makes a cash deposit, the person may nevertheless appear
in court at the time specified in the citation, but the cash deposit
may be retained for application against any forfeiture or restitution,
plus costs, fees, and surcharges imposed under Ch. 814, Wis. Stats.,
that may be imposed.
B.
If a person appears in court in response to a citation, the citation
may be used as the initial pleading, unless the court directs that
a formal complaint be made, and the appearance confers personal jurisdiction
over the person. The person may plead guilty, no contest, or not guilty.
If the person pleads guilty or no contest, the court shall accept
the plea, enter a judgment of guilty, and impose a forfeiture, plus
costs, fees, and surcharges imposed under Ch. 814, Wis. Stats. If
the court finds that the violation meets the conditions in § 800.093(1),
Wis. Stats., the court may order restitution under § 800.093,
Wis. Stats. A plea of not guilty shall put all matters in the case
at issue, and the matter shall be set for trial.
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, plus costs, fees, and surcharges imposed under Ch.
814, Wis. Stats., 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 that the violation meets the
conditions in § 800.093(1), Wis. Stats., the court may summon
the alleged violator into court to determine if restitution shall
be ordered under § 800.093, Wis. Stats. 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 additional costs, fees, or surcharges
may be imposed against the violator under § 814.78, Wis.
Stats. If the court rejects the plea of no contest, an action for
collection of the forfeiture, plus costs, fees, and surcharges imposed
under Ch. 814, Wis. Stats., may be commenced. The County may commence
action under § 778.10, Wis. Stats. The citation may be used
as the complaint in the action for the collection of the forfeiture,
plus costs, fees, and surcharges imposed under Ch. 814, Wis. Stats.
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 E or the County, town, city, village, town sanitary district, or public inland lake protection and rehabilitation district may commence an action for collection of the forfeiture, plus costs, fees, and surcharges imposed under Ch. 814, Wis. Stats. The County may commence action under § 778.10, Wis. Stats. The citation may be used as the complaint in the action for the collection of the forfeiture, plus costs, fees, and surcharges imposed under Ch. 814, Wis. Stats. 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, plus costs, fees, and surcharges imposed under Ch. 814, Wis. Stats. 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.
