[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]
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.
Wisconsin Statutes Annotated s. 66.119(3), relating to the violator's
options and procedure on default, is hereby adopted and incorporated herein
by reference.
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.
