Chapter 1.12
GENERAL PENALTY
Sections:
1.12.010 Municipal deposit schedule.
1.12.010 Municipal deposit schedule.
Pursuant to the authority of Section 66.0113 of the Wisconsin Statutes, the city of Brookfield elects to use the citation method of enforcement of ordinances including those for which a statutory counterpart exists.
A. The citation shall contain substantially the following information:
1. The name, address and date of birth of the alleged violator;
2. The name and department of the issuing officer;
3. Factual allegations describing the alleged violation, including the time and place of occurrence and a statement that the defendant committed the violation;
4. The section of the ordinance violated;
5. A designation of the offense in such manner as can be readily understood by a person making a reasonable effort to do so;
6. The date, time and place at which the alleged violator may appear in court;
7. A statement which in essence informs the alleged violator:
a. A cash deposit based on the schedule established by this section including the costs and fees set forth in subsection (A)(7)(c) of this section may be made which shall be delivered or mailed to the Brookfield municipal court prior to the time of the scheduled court appearance,
b. If a cash deposit is made, the defendant may obtain release if an arrest has been made,
c. If a cash deposit is made and the alleged violator does not appear in court, the nonappearance will be deemed a plea of no contest for which a forfeiture, a penalty assessment imposed by Section 165.87 Wisconsin Statutes, a jail assessment imposed by Section 302.46(1) Wisconsin Statutes, and court costs imposed by Section 814.65 Wisconsin Statutes, not to exceed the amount of the bail schedule,
d. If no cash deposit is made and the alleged violator does not appear in court at the time specified, the court may issue a summons or a warrant for the defendant’s arrest or may enter a default judgment against the defendant if there is personal service or service by mail pursuant to law of said summons or warrant,
e. The issuing officer may indicate a mandatory appearance by the violator. In such instance, no cash deposit will be allowed.
B. The form of the citation shall be uniform and used by all law enforcement officers and other city officials.
C. Bond Schedule. The following schedule of cash deposits is established for use with citations issued under this section. This deposit does not include penalty assessment, jail assessment, and court costs, which shall be added to the amount of the deposit.
Title 3 Revenue and Finance
|
Delinquent Taxes, etc. |
$150.00 |
Title 5 Business Licenses and Regulations
|
5.04 |
Adult-Oriented Establishments |
2,000.00 |
|
5.08 |
Cable Television Franchise |
350.00 |
|
5.12 |
Christmas Tree Sales |
150.00 |
|
Wisconsin Statutes § 134.65 |
|
|
|
|
1st Offense |
100.00 |
|
|
2nd or Subsequent Offense |
200.00 |
|
Restrictions on Sale of Cigarettes, Nicotine, Tobacco Products |
|
|
|
|
1st offense |
250.00 |
|
|
2nd offense within 12 months of prior violation |
400.00 |
|
|
Failure to Post Sign or Notice |
25.00 |
|
5.16 |
Escorts and Services |
2,000.00 |
|
5.18 |
Massage Therapy Businesses and Therapists |
2,000.00 |
|
5.20 |
Rummage/Garage Sales |
50.00 |
|
5.24 |
Intoxicating Liquor and Fermented Malt Beverages |
|
|
|
Wisconsin Statutes § 125.04(1)—Operating without License |
750.00 |
|
|
Wisconsin Statutes § 125.07(1)(a)—Underage Sale |
300.00 |
|
|
Wisconsin Statutes § 125.07(3)—Presence in Place of Sale |
300.00 |
|
|
Wisconsin Statutes § 125.07(4)(a)—Underage Prohibitions (1st-2nd offense within one year) |
300.00 |
|
|
Wisconsin Statutes § 125.07(4)(a)—Underage Prohibitions (3rd and subsequent offenses within one year) |
750.00 |
|
|
Wisconsin Statutes § 125.07(4)(b)—Underage Prohibitions (1st-2nd offense within one year) |
200.00 |
|
|
Wisconsin Statutes § 125.07(4)(b)—Underage Prohibitions (3rd and subsequent offenses within one year) |
500.00 |
|
|
Wisconsin Statutes § 125.085—Misrepresent Age |
300.00 |
|
|
Wisconsin Statutes § 125.09(2)—School Grounds (Adult) |
200.00 |
|
|
Wisconsin Statutes § 125.09(2)—School Grounds (Juvenile) (1st-2nd offense within one year) |
200.00 |
|
|
Wisconsin Statutes § 125.09(2)—School Grounds (Juvenile) (3rd and subsequent offenses within one year) |
500.00 |
|
|
Wisconsin Statutes § 125.32(3)—Closing Hours |
300.00 |
|
|
Wisconsin Statutes § 125.68(4)—Closing Hours |
300.00 |
|
5.32 |
Secondhand Article Dealers |
300.00 |
|
5.36 |
Transient Merchants, Hotel Sales and Purchases |
500.00 |
|
5.41 |
Scrap Metal Collectors and Dealers |
300.00 |
|
5.44 |
Hotels, Inns, etc., Keeping Certain Records |
200.00 |
Title 6 Animals
|
Animals Generally |
100.00 |
|
|
Cruelty or Trapping Animals/Birds |
150.00 |
|
|
Feeding of Wild Animals |
100.00 |
|
|
6.08 |
Regulations of Dogs and Cats |
50.00 |
|
|
Vicious Dog—2nd offense must appear |
300.00 |
|
|
Barking Dog—2nd offense must appear |
50.00 |
|
Dog Licenses |
20.00 |
|
|
Possession of Wild Animal |
500.00 |
Title 8 Health and Safety
|
8.04 |
Health Administration |
100.00 |
|
8.08 |
Fire Protection and Life Safety Code |
350.00 |
|
8.12 |
Discharge of Effluents |
100.00 |
|
8.16 |
Fire Prevention Inspections and Regulations |
350.00 |
|
8.20 |
Fireworks |
200.00 |
|
8.24 |
Garbage and Recyclables Collection and Disposal |
100.00 |
|
8.28 |
Hazardous Materials |
350.00 |
|
8.32 |
Nuisances |
200.00 |
|
8.33 |
Human Health Hazards |
500.00 |
|
Burning Regulations |
100.00 |
Title 9 Public Peace, Morals and Welfare
|
|
|
|
|
|
Wisconsin Statutes § 167.32 |
|
|
|
Safety at Sporting Events |
40.00 |
|
|
Wisconsin Statutes § 254.92 |
|
|
|
Use/Possess/Purchase Tobacco Products by Children |
100.00 |
|
|
Wisconsin Statutes § 961.41 |
|
|
|
Possession of Controlled Substance |
1,000.00 |
|
|
Wisconsin Statutes § 939.05 |
|
|
|
Party to a Crime (Aiding and Abetting) |
Same as for underlying offense |
|
|
Wisconsin Statutes § 941.20(3) |
|
|
|
Discharging a Firearm from Vehicle |
1,000.00 |
|
|
Wisconsin Statutes § 941.23 |
|
|
|
Carrying Concealed Weapon |
350.00 |
|
|
Wisconsin Statutes § 941.23(3) |
|
|
|
Carrying Concealed Weapon w/o ID |
20.00 |
|
|
Wisconsin Statutes § 941.235 |
|
|
|
Carrying Firearm in Public Building |
1,000.00 |
|
|
Wisconsin Statutes § 941.237 |
|
|
|
Possession of Handguns in Taverns |
1,000.00 |
|
|
Wisconsin Statutes § 941.26(4) |
|
|
|
Improper Use of Pepper Spray |
1,000.00 |
|
|
Improper Purchase |
350.00 |
|
|
Wisconsin Statutes § 941.37 |
|
|
|
Obstruct Emergency Medical Personnel |
800.00 |
|
|
Wisconsin Statutes § 942.08 |
|
|
|
Invasion of Privacy |
500.00 |
|
|
Wisconsin Statutes § 942.09 |
|
|
|
Unlawful Transmission of Nude Image |
1,000.00 |
|
|
Wisconsin Statutes § 943.01(1)-(2k) |
|
|
|
Criminal Damage to Property |
|
|
|
(Under $200) |
250.00 |
|
|
($200—$500) |
500.00 |
|
($500—$1,000) |
1,500.00 |
|
|
|
($1,000 or greater) |
2,500.00 |
|
|
Wisconsin Statutes § 943.11 |
|
|
|
Entry into Locked Vehicle |
1,000.00 |
|
|
Wisconsin Statutes § 943.13 |
|
|
|
Trespass to Land |
200.00 |
|
|
Wisconsin Statutes § 943.14 |
|
|
|
Trespass to Dwelling |
1,000.00 |
|
|
Wisconsin Statutes § 943.15 |
|
|
|
Entry onto a Construction Site, Locked Building, Dwelling or Room |
1,000.00 |
|
|
Wisconsin Statutes § 943.20 |
|
|
|
Theft of Property |
|
|
|
(Under $200) |
250.00 |
|
|
($200—$500) |
500.00 |
|
|
($500—$1,000) |
1,500.00 |
|
|
($1,000 or greater) |
2,500.00 |
|
|
Wisconsin Statutes § 943.21 |
|
|
|
Fraud on Hotel or Restaurant Keeper |
|
|
|
(Under $200) |
250.00 |
|
|
($200—$500) |
500.00 |
|
|
($500—$1,000) |
1,500.00 |
|
|
($1,000 or greater) |
2,500.00 |
|
|
Wisconsin Statutes § 943.24 |
|
|
|
Issue Worthless Check |
|
|
|
(Under $200) |
250.00 |
|
|
($200—$500) |
500.00 |
|
|
($500—$1,000) |
1,500.00 |
|
|
($1,000 or greater) |
2,500.00 |
|
|
Wisconsin Statutes § 943.34 |
|
|
|
Receiving Stolen Property |
|
|
|
(Under $200) |
250.00 |
|
|
($200—$500) |
500.00 |
|
|
($500—$1,000) |
1,500.00 |
|
|
($1,000 or greater) |
2,500.00 |
|
|
Wisconsin Statutes § 943.39 |
|
|
|
Fraudulent Writings |
500.00 |
|
|
Wisconsin Statutes § 943.41 |
|
|
Fraudulent Use of Credit Cards |
|
|
|
|
(Under $200) |
250.00 |
|
|
($200—$500) |
500.00 |
|
|
($500—$1,000) |
1,500.00 |
|
|
($1,000 or greater) |
2,500.00 |
|
|
Wisconsin Statutes § 943.50 |
|
|
|
Retail Theft |
|
|
|
(Under $200) |
250.00 |
|
|
($200—$500) |
500.00 |
|
|
($500—$1,000) |
1,500.00 |
|
|
($1,000 or greater) |
2,500.00 |
|
|
Wisconsin Statutes § 944.15 |
|
|
|
Public Fornication |
2,000.00 |
|
|
Wisconsin Statutes § 944.17 |
|
|
|
Sexual Gratification |
2,000.00 |
|
|
Wisconsin Statutes § 944.20 |
|
|
|
Lewd and Lascivious Behavior |
2,000.00 |
|
|
Wisconsin Statutes § 944.33 |
|
|
|
Pandering |
2,000.00 |
|
|
Wisconsin Statutes § 944.36 |
|
|
|
Solicitation of Drinks Prohibited |
150.00 |
|
|
Wisconsin Statutes § 946.41 |
|
|
|
Resisting or Obstructing an Officer |
750.00 |
|
|
Wisconsin Statutes § 946.70 |
|
|
|
Impersonating Peace Officer |
2,000.00 |
|
|
Wisconsin Statutes § 947.01 |
|
|
|
Disorderly Conduct (Physical Injury) |
500.00 |
|
|
Wisconsin Statutes § 947.06 |
|
|
|
Unlawful Assemblies |
1,000.00 |
|
|
Wisconsin Statutes § 947.013 |
|
|
|
Harassment |
1,000.00 |
|
|
Wisconsin Statutes § 948.40 |
|
|
|
Contributing to Delinquency of Child |
750.00 |
|
|
Wisconsin Statutes § 948.61 |
|
|
|
Dangerous Weapons on School Premises |
1,000.00 |
|
An offense not specifically listed here and the corresponding state statute is punishable as a: - Felony or Class A misdemeanor or Class A forfeiture - Class B misdemeanor or Class B forfeiture - Class C misdemeanor or Class C forfeiture - Class D forfeiture - Class E forfeiture |
1,000.00 500.00 250.00 100.00 25.00 |
|
|
9.05 |
Electronic Smoking Offenses |
500.00 |
|
9.05 |
Electronic Smoking (Selling Device to Minor) |
1,000.00 |
|
Disorderly Conduct |
350.00 |
|
|
False Alarms |
500.00 |
|
|
Improper Use of 911 |
500.00 |
|
|
Obedience to Officers |
350.00 |
|
|
Gambling, Lotteries, etc. |
350.00 |
|
|
Prostitution |
2,000.00 |
|
|
Harassing or Obscene Phone Calls |
200.00 |
|
|
Noise Emission |
250.00 |
|
|
Garbage and Construction Operation Times |
250.00 |
|
|
|
|
|
|
|
Wisconsin Statutes § 101.123 |
|
|
|
Prohibition of Smoking in Various Places |
$100.00 for each violation except that the forfeiture for a “person in charge” cannot exceed $100.00 per day |
|
Obstructing Streets and Sidewalks |
200.00 |
|
|
Destruction of Property |
500.00 |
|
|
Littering |
200.00 |
|
|
Dangerous Excavations |
500.00 |
|
|
Abandoned Iceboxes, etc. |
100.00 |
|
|
Library Books |
100.00 |
|
|
Residential Picketing |
750.00 |
|
|
9.16 |
Drug Violations/Paraphernalia |
500.00 |
|
9.20 |
Housing Discrimination |
750.00 |
|
9.24 |
Loitering |
200.00 |
|
Discharge of Firearms |
|
|
|
|
Discharge by Firearms (Gunpowder) |
1,000.00 |
|
|
Discharge by Air Rifle or Other |
200.00 |
|
Throwing or Shooting Missiles |
200.00 |
|
|
Discharge by Bow and Arrow or Crossbow |
500.00 |
|
|
Firearms and Weapons in City Buildings |
1,000.00 |
|
|
9.32 |
Curfew |
50.00 |
|
9.34 |
Sexual Offender Residency |
750.00 |
Title 10 Vehicles and Traffic
|
Disabled Parking |
150.00 |
|
|
|
Wisconsin Statutes § 344.62(1) |
|
|
|
Operating without Automobile Insurance |
40.00 |
|
|
Wisconsin Statutes § 344.62(2) |
|
|
|
Operating without Proof of Insurance |
10.00 |
|
|
Wisconsin Statutes § 344.64(1) |
|
|
|
Possession of Altered or Forging/Counterfeiting/Altering Proof of Insurance Card |
500.00 |
|
|
Wisconsin Statutes § 344.64(2) |
|
|
|
Presenting Invalid Proof of Insurance Card |
500.00 |
|
|
Wisconsin Statutes § 346.915 |
|
|
|
Following Snowplows |
30.00 initial violation $60.00 2nd and subsequent violations within one year |
|
|
All other state parking violations adopted by reference |
40.00 |
|
Vehicle equipment/safety standards (Trans 305) |
20.00 |
|
|
Bicycle/Pedestrian Paths |
10.00 |
|
|
All Night Parking |
40.00 |
|
|
Vehicular Weight Limitations (follow UTC Bail Book for Wisconsin Statutes § 348.15) |
|
|
|
Heavy Traffic and Trucking |
250.00 |
|
|
Use of Heavy Machinery |
250.00 |
|
|
Operation of Mini-Bikes |
200.00 |
|
|
Snow Storm Emergency Parking |
40.00 |
|
|
Motor Vehicle in Public Places |
|
|
|
|
(1) Speed |
100.00 |
|
|
(2) Outside Driving Lanes |
100.00 |
|
|
(3) Across Park Stalls |
100.00 |
|
|
(4) Doughnuts |
100.00 |
|
|
(5) Rapid Acceleration |
100.00 |
|
|
(6) Wrong Way |
100.00 |
|
|
(7) Stop Signs |
100.00 |
|
10.16 |
Bicycles |
20.00 |
|
Snowmobiles Regulated |
200.00 |
|
|
10.24 |
Junked or Abandoned Vehicles |
Must appear |
Title 12 Streets and Sidewalks and Public Places
|
Placing Materials in Streets |
350.00 |
||
|
Obstruction and Encroachments |
350.00 |
||
|
Street and Sidewalk Grades |
350.00 |
||
|
Emergency Access Lanes |
350.00 |
||
|
12.12 |
Drainage Courses |
350.00 |
|
|
12.16 |
Excavation and Placement of Facilities in City Right-of-Way |
|
|
|
|
Registration |
2,500.00 |
|
|
|
Excavations and Facilities Placement |
2,500.00 plus applicable restoration, inspection and degradation fees |
|
|
12.20 |
Landfills |
350.00 |
|
|
PARK PROPERTY |
|
||
|
|
Buildings and Other Property |
|
|
|
|
Disfiguration and Removal |
500.00 |
|
|
|
Restrooms and Washrooms |
350.00 |
|
|
|
Removal of Natural Resources |
350.00 |
|
|
|
Erection of Structures |
350.00 |
|
|
|
Trees, Shrubbery, Lawns |
|
|
|
|
Injury and Removal |
350.00 |
|
|
|
Climbing Trees, etc. |
50.00 |
|
|
|
Wild Animals, Birds, etc. |
- Hunting |
350.00 |
|
|
|
- Feeding |
350.00 |
|
SANITATION |
|
||
|
|
Pollution of Waters |
350.00 |
|
|
|
Refuse and Trash |
350.00 |
|
|
TRAFFIC* |
|
||
|
|
State Motor Vehicle Laws Apply |
* |
|
|
|
Enforcement of Traffic Regulations |
200.00 |
|
|
|
Obey Traffic Signs |
200.00 |
|
|
|
Speed of Vehicles Regulated |
200.00 |
|
|
|
Operation Confined to Roads |
200.00 |
|
|
|
Parking |
40.00 |
|
|
|
Bicycle Operation |
20.00 |
|
|
|
Snowmobiles |
50.00 |
|
|
RECREATIONAL ACTIVITIES |
|
||
|
|
Bathing and Swimming in Designated Areas |
50.00 |
|
|
|
Hours |
50.00 |
|
|
|
Costume |
100.00 |
|
|
|
Undressing |
100.00 |
|
|
|
Fishing |
50.00 |
|
|
|
Hunting and Firearms |
300.00 |
|
|
|
Picnic Areas and Use |
25.00 |
|
|
|
Camping |
25.00 |
|
|
|
Prohibited Games/Activities |
25.00 |
|
|
|
Horseback Riding |
25.00 |
|
|
BEHAVIOR |
|
||
|
|
Intoxicating Beverages |
|
|
|
|
General Prohibition |
50.00 |
|
|
|
Underage Persons |
100.00 |
|
|
|
Fireworks and Explosives |
100.00 |
|
|
|
Domestic Animals |
50.00 |
|
|
|
Reservation of Facilities |
50.00 |
|
|
|
Dress |
100.00 |
|
|
|
Alms |
50.00 |
|
|
|
Fires |
100.00 |
|
|
|
Closed Areas |
100.00 |
|
|
|
Games of Chance |
300.00 |
|
|
|
Going onto Ice |
100.00 |
|
|
|
Loitering and Boisterousness |
100.00 |
|
|
|
Exhibit Permits |
25.00 |
|
|
|
Interference with Permittees |
50.00 |
|
|
MERCHANDISING, ADVERTISING AND SIGNS |
50.00 |
||
|
PARK OPERATING POLICY - Hours |
100.00 |
||
* = Fines to be consistent with State Motor Vehicle Department traffic laws and regulations as contained under Title 10, Traffic Code.
|
Injury to trees and shrubs prohibited |
350.00 |
|
|
Planting, Maintenance and Removal of Public Trees and Shrubs |
350.00 |
Title 13 Public Services
|
13.08 |
Water and Sewer Connections |
350.00 |
|
13.12 |
Water Service Systems |
350.00 |
|
13.16 |
Sewer Service System |
350.00 |
|
13.20 |
Industrial Wastes |
350.00 |
|
13.24 |
Well Head Protection |
350.00 |
Title 15 Buildings and Construction
|
15.04 |
Building Code |
350.00 |
|
15.08 |
Electrical Code |
350.00 |
|
15.12 |
Plumbing Code |
350.00 |
|
15.16 |
Sign Code |
350.00 |
|
15.20 |
Construction Site Erosion Control |
350.00 |
|
15.24 |
Lawn and Yard Maintenance |
350.00 |
|
15.32 |
Violations of development agreements |
2,500.00 |
Title 16 Subdivisions
|
16.12 |
Preliminary Plats, Final Plats, Preliminary Concept Maps, and Certified Survey Maps |
350.00 |
|
16.16 |
Design Standards |
350.00 |
|
16.20 |
Improvements |
350.00 |
Title 17 Zoning Code
|
Violations of plan and method of operation |
2,500.00 |
D. The minimum penalty, not inclusive of the costs of prosecution, shall be fifty dollars ($50.00) and the maximum penalty, not inclusive of the costs of prosecution, shall be five thousand dollars ($5,000.00). Each and every day of violation shall constitute a separate offense subject to the minimum and maximum penalties.
E. Doubling of Fines for Offenses in Construction Zones. The provisions of Section 346.60(3m)(A), Wisconsin Statutes, are adopted as part of this section as if fully set forth herein.
F. 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.
G. In addition to any penalties imposed by this section, any person who violates any provision of this code shall be responsible for the costs of prosecution together with any other costs and fees allowed by law.
H. In addition to the citation method of enforcement, the city attorney is also authorized to commence an action seeking damages, injunction, mandamus, abatement, or other appropriate action or proceeding in law or equity. (Ord. 2866-24 § 11, 2024; Ord. 2729-20 § 2, 2020; Ord. 2621-20 § 2, 2020; Ord. 2597-20 § 2 (part), 2020; Ord. 2573-19 § 2, 2019; Ord. 2553-19 § 2, 2019; Ord. 2552-19 §§ 3, 4, 2019; Ord. 2525-18 § 1, 2018; Ord. 2486-17 § 3, 2017; Ord. 2478-17 §§ 3, 4, 2017; Ord. 2370-14 §§ 2, 3, 2014; Ord. 2359-14 § 5, 2014; Ord. 2298-12 § 2, 2012; Ord. 2297-12 § 2, 2012; Ord. 2291-12 § 2, 2012; Ord. 2244-10 § 1, 2010; Ord. 2235-10 § 2, 2010; Ord. 2234-10 § 1, 2010; Ord. 2226-10 § 1, 2010; Ord. 2224-10 § 2, 2010; Ord. 2203-10 § 2, 2010; Ord. 2137-08 § 1, 2008; Ord. 2130-08 § 1, 2008; Ord. 2126-08 §§ 1, 2, 2008; Ord. 1933-03 § 1, 2003: Ord. 1819 § 3 (part), 2001; Ord. 1796 § 1, 2001; Ord. 1770 § 2, 2000; Ord. 1708 § 1, 1999; Ord. 1707 § 1, 1999; Ord. 1706 § 2, 1999; Ord. 1697 § 1, 1999)