Green Lake County, WI
 
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Table of Contents
Table of Contents
[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
$150
93
Adult-Oriented Establishments
$500
98
Alarm Systems
$100
§ 98-7
$100
103
Animals
$100
$600
$50
$100
$200
$300
$400
$75
$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
$200
$50
$50
$50
$150
Same as § 103-4C(1) through (5) above
$50
$100
$200
$300
$400
$200
§ 103-31.4A (first offense)
$50
§ 103-31.4A (second and subsequent offense)
$200
109
Assemblies, Mass Public
$1,000
$1,000
118
Checks-Fraudulent
§ 118-1A <500
$50
§ 118-1B >500
$250
123
County Jail
$200
$200
$200
$200
130
Drugs and Drug Paraphernalia
$350
$350
$350
$350
138
Fairgrounds — Junior Free Fair
$250
$250
148
Food Safety and Recreational Licensing Program
$300
154
Health and Sanitation
$200
§ 154-12F (first violation)
$200
§ 154-12F (second and subsequent violation)
$400
159
Highways
$300
160
Highway Fees and Permits
$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
$100
$100
$100
$100
$500
$500
$500
168
Juveniles
$100
$100
$100
§ 168-9
$100
187
Parks and Recreation
§§ 187-8, 187-8.1 (first offense)
$50
§§ 187-8, 187-8.1 (second and subsequent offense)
$150
$150
192
Peace and Good Order
$100
$100
$100
$100
$100
$150
$150
$150
$150
$125
$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
$100
$100
$200
$200
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
$100
$100
196
Peddlers, Canvassers and Transient Merchants
$75
206
Public Assistance
$500
217
Road Names and Building Numbers
$100
228
Smoking and Tobacco Products
$20
$20
$20
$20
232
Snowmobiles
$50
235
Solid Waste
§ 235-5 (first offense)
$100
§ 235-5 (second and subsequent offense)
$400
$50
$50
248
Truancy
$125
$125
260
Vehicles and Traffic
§ 260-09
$200
$10
$50
$50
$100
$100
$100
$100
Land Use Legislation
300
Floodplain Zoning
§ 300.46.1C
$50
315
Land Division and Subdivision
$50
323
Nonmetallic Mining Reclamation
$500
$2,500
334
Sewage Systems, Private
$200
338
Shoreland Zoning
$250
350
Zoning
$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.
E. 
A judgment may be entered under Subsection D if the summons or citation was served as provided under § 968.04(3)(b)2, Wis. Stats., or by personal service by the County.