Pierce County, WI Article III Violations and Penalties

[Adopted as Ch. 1.08 of the 1978 Code]

§ 1-25 General penalty.

In any case where there is a violation of any county ordinance for which no penalty is provided, the person violating the same shall be subject to a forfeiture of not less than $10 nor more than $200 for each offense, except as provided in the following subsections:

A. No violation of any ordinance of the county shall be or be construed to be a misdemeanor, nor shall imprisonment be imposed as a punishment for violation of any ordinance of the county except in the event of a failure of the defendant to pay the forfeiture imposed by the court, any other provision of the general ordinances of the county to the contrary notwithstanding.

B. When a forfeiture is imposed for the violation of any ordinance of the county or any section thereof the court may also order the defendant to pay the cost of the action and to be imprisoned until such forfeiture and costs are paid, in no case, however, to exceed six months, and the court may also issue an execution against the property of the defendant for said forfeiture and costs.

§ 1-26 Ordinance violations.

[Added by Ord. No. 82-8]

A. Attempt to commit violation. No person shall attempt to commit an ordinance violation.

[Added by Ord. No. 82-11]

(1) An attempt to commit an ordinance violation requires that the actor have an intent to perform acts and attain a result which, if accomplished, would constitute such ordinance violation and that he or she does act toward the commission of the violation which demonstrates unequivocably, under all circumstances, that he or she formed that intent and would commit the violation except for the intervention of another person or some other extraneous factor.

(2) This section shall apply only to those ordinances which specifically require intent as an element of proof of violation thereunder.

(3) Any person who violates this section shall, upon conviction, be subject to a forfeiture of not more than $400, together with the costs of prosecution and penalty assessment, and in default of payment of such forfeiture and costs shall be subject to imprisonment in the county jail until such forfeiture and costs are paid, but not to exceed 30 days.

B. Determination of principal in commission of violation. Whoever is concerned in the commission of an ordinance violation is a principal and may be charged with and convicted of the commission of an ordinance violation, although he or she did not directly commit it and although the person who directly committed it has not been convicted or has been convicted of some other ordinance violation based on the same act.

C. Commission of violation. A person is concerned in the commission of an ordinance violation if he or she:

(1) Directly commits the violation;

(2) Intentionally aids and abets the commission of it; or

(3) Is a party to a conspiracy with another to commit it or advises, hires, counsels or otherwise procures another to commit it.

D. Applicability. Such a party is also concerned in the commission of any other ordinance violation which is committed in pursuance of the intended ordinance violation and which under the circumstances is a natural and probable consequence of the intended ordinance violation. This section does not apply to a person who voluntarily changes his mind and no longer desires that the violation be committed and notifies the other parties concerned of his withdrawal within a reasonable time before the commission of the violation so as to allow the others also to withdraw.