§ 1-1-7. General penalty

(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 Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00), together with the costs of prosecution.

(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 Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00) for each such offense, together with costs of prosecution.

(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.

(3) 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.

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

(d) Juvenile Disposition Alternatives for Alcohol/Drug Offenses.

(1)

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 City ordinance, 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 above penalties, 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 above, 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 (2) 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 (3rd) party payments, the Court may order the parent or health insurer to pay.

(4) If payment is not attainable as described in Subsection (d)(3) above, the Court may order the municipality to pay for any AODA services so ordered.

(e) Dispositional Alternatives for Other Ordinance Violations. The Court may impose one (1) 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 Fifty Dollars ($50.00) plus costs;

(4) Suspend a fishing, hunting or driving license from ninety (90) to five (5) 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 above, 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 (2) years before the date of the alleged violation.

(f) Violation of Juvenile Dispositional Orders. The Court may impose the following sanctions on a juvenile who has violated a City 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 ninety (90) days;

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

(3) Order not more than twenty-five (25) hours of community service work in a supervised work program.