§ 1-14. General penalty.

(a)

Generally. 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. Any person who shall violate any provision of this Code shall, upon conviction thereof, forfeit not less than $25.00 nor more than $500.00, 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 90 days.

(2)

Second offense. Any person found guilty of violating any provision or part of a provision of this Code who shall previously have been convicted of a violation of the same provision within one year shall upon conviction thereof, forfeit not less than $50.00 nor more than $1,000.00 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 village from maintaining any appropriate action to prevent or remove a violation of any provision of this Code.

(c)

Other remedies. The village shall have any and all other remedies afforded by the Wisconsin Statutes in addition to the forfeitures and costs of prosecution above.

(d)

Court authority to impose alternative juvenile dispositions and sanctions.

(1)

For a juvenile adjudged to have violated an ordinance, a court is authorized to impose any of the dispositions listed in Wis. Stats. §§ 938.343 and 938.344, in accordance with the provisions of those statutes and this section.

(2)

For a juvenile adjudged to have violated an ordinance who violates a condition of a dispositional order of the court under Wis. Stats. §§ 938.343 or 938.344, the municipal court is authorized to impose any of the sanctions listed in Wis. Stats. § 938.355(6)(d), in accordance with the provisions of those statutes.

(3)

This subsection is enacted under the authority of Wis. Stats. § 938.17(2)(cm).

(e)

Juvenile disposition alternatives for alcohol/drug offenses.

(1)

Underage drinking and possession of drug paraphernalia.

a.

If a juvenile is found to have engaged in underage drinking of alcohol, drinking of alcohol on school premises or at a school-sponsored activity, falsifying proof of age, possessing drug paraphernalia, delivery of drug paraphernalia to a minor in violation of village ordinances, the court may order any of the following:

1.

A forfeiture;

2.

Suspension or revocation of the juvenile's driver's license;

3.

Participation in a supervised work program;

b.

After ordering any of the penalties in subsection (e)(1)a of this section, the court may, with the juvenile's agreement, enter an additional order staying the execution of the penalty order and suspending or modifying the penalty imposed and may require the juvenile to do any of the following:

1.

Submit to an alcohol or other drug abuse (AODA) assessment;

2.

Participate in an outpatient AODA treatment program if an AODA assessment recommends treatment;

3.

Participate in an AODA education program.

(2)

In addition to the dispositions listed in subsection (e)(1)b of this section, the court may order a juvenile to participate in a teen court program if the following conditions are satisfied:

a.

The chief judge of the judicial administrative district has approved a teen court program established in juvenile's county of residence and the judge determines that participation in the court program will likely benefit the juvenile and the community;

b.

The juvenile admits or pleads no contest to the allegations that the juvenile was truant in open court with the juvenile's parent, guardian or legal custodian present;

c.

The juvenile has not successfully completed participation in a teen court program during the two years before the date of the alleged violation.

(3)

If the court finds that a juvenile's parent or guardian is unable to provide or refuses to provide a court-ordered AODA services for juvenile through his or her health insurance or other third party payments, the court may order the parent or health insurer to pay.

(4)

If payment is not attainable as described in subsection (e)(3) of this section, the court may order the village to pay for any AODA services so ordered.

(f)

Dispositional alternatives for other ordinance violations. The court may impose one or more of the following dispositional alternatives against a juvenile found to have violated a municipal ordinance, for which no penalty is otherwise provided, as follows:

(1)

Counseling for the juvenile and/or the parent or guardian;

(2)

A forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing the same violation;

(3)

If the forfeiture is for a violation that is only applicable to a juvenile, the maximum forfeiture amount is $50.00 plus costs;

(4)

Suspend a fishing, hunting or driving license from 90 days to five years for failure to pay the forfeiture;

(5)

Order the juvenile to participate in a supervised work program or other community service work;

(6)

Order participation in an AODA assessment, an outpatient AODA treatment or an AODA education program;

(7)

Order participation in a pupil assistance program provided by the juvenile's school provided the juvenile's school agrees;

(8)

In addition to the dispositions listed in subsections (f)(1)—(7) of this section, the court may order a juvenile to participate in a teen court program if the following conditions are satisfied:

a.

The chief judge of the judicial administrative district has approved a teen court program established in juvenile's county of residence and the judge determines that participation in the court program will likely benefit the juvenile and the community;

b.

The juvenile admits or pleads no contest to the allegations that the juvenile was truant in open court with the juvenile's parent, guardian or legal custodian present;

c.

The juvenile has not successfully completed participation in a teen court program during the two years before the date of the alleged violation.

(g)

Violation of juvenile dispositional orders. The Court may impose the following sanctions on a juvenile who has violated a village ordinance and who has violated a condition of his or her dispositional order:

(1)

Suspend the juvenile's operating privilege for a period not more than 90 days;

(2)

Detain the juvenile in his or her home or current residence for not more than 30 days without electronic monitoring;

(3)

Order not more than 25 hours of community service work in a supervised work program.

(Code 1984, § 1-1-6; Ord. No. 1-1-6, 1-13-1997)

State law reference

Penalty, Wis. Stats. §§ 66.0109, 66.0113(3).