§ 1-4. Penalties.  


Latest version.
  • (a)

    General penalty. 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 or an ordinance shall, upon conviction, forfeit not less than $20.00 nor more than $1,000.00, together with the costs of prosecution. In default of payment of such forfeiture and costs of prosecution such person shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 90 days; and not exceeding the penalty authorized by statute, except that the person reduces the amount owed at a rate of at least $25.00 for each day of imprisonment, including imprisonment after arrest.

    (2)

    Second offense; penalty. Any person found guilty of violating any provision of this Code or of an ordinance who shall previously have been convicted of a violation of the same provision or ordinance within one year shall, upon conviction, forfeit not less than $40.00 nor more than $2,000.00 for each such offense, together with costs of prosecution. In default of payment of such forfeiture and costs of prosecution such person shall be imprisoned in the county jail until such forfeiture and costs of prosecution are paid, not to exceed 90 days; and not to exceed the amount authorized by statute, except that the person reduces the amount owed at a rate of at least $25.00 for each day of imprisonment, including imprisonment after arrest.

    (b)

    Continued violations . Each violation and each day a violation continues or occurs shall constitute a separate offense, except that in order for the defendant to be charged with a second offense it shall be a separate and distinct violation as opposed to a continuing daily violation on the same provision. Nothing in this Code shall preclude the village from maintaining any appropriate action to prevent or remove a violation of any provision of this Code.

    (c)

    Execution against defendant's property. Whenever any person fails to pay any forfeiture and costs of prosecution upon the order of any court for violation of any provision of this Code or 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 such forfeiture and costs.

(Code 1991, § 25.04; Ord. of 4-11-11(1), § 1)

State law reference

Penalty for violation of ordinances, Wis. Stats. § 66.115; bail generally, Wis. Stats. § 66.114; outstanding unpaid forfeitures, Wis. Stats. § 66.117; actions for violations of municipal ordinances, Wis. Stats. § 814.65; collection of forfeitures generally, Wis. Stats. § 778.10.