Chapter 10.80
PENALTIES
Sections:
10.80.030 Special local regulation.
10.80.010 Penalties.
The penalty for violation of any provision of this title shall be a forfeiture as hereinafter provided together with the cost of prosecution imposed as provided in Wis. Stat. §§ 345.20 to 345.53. (2008 code § 6.13)
10.80.020 Uniform offenses.
Except as otherwise provided in this chapter, forfeitures for violation of any provision of Wis. Stat. Chs. 340 to 348 adopted by reference in ETMC 10.05.010 shall conform to forfeitures for violation of the comparable state offense, including any variations or increases for second offense. (2008 code § 6.13(1))
10.80.025 Blood test fee.
1. Pursuant to Wis. Stats § 814.65(4m) the Municipal Court shall also impose blood test fees pursuant to the following requirements and limitations:
a. Except as provided in subsection (1)(d) of this section, if a defendant is required to appear in Municipal Court, in addition to any forfeiture, costs, fees, or surcharges it imposes, the Municipal Court shall impose and collect from the defendant any costs charged to or paid by a law enforcement agency for the withdrawal of the defendant’s blood if the Court finds that the defendant violated a local ordinance in conformity with Wis Stat. §§ 23.33(4c), 30.681, 346.63, or 350.101.
b. Except as provided for in subsection (1)(d) of this section, if at the time the Court finds the defendant committed the violation, the law enforcement agency has not paid or been charged with the costs of withdrawing the defendant’s blood, the Court shall impose and collect the costs the law enforcement agency reasonably expects to be charged for the withdrawal, based upon the current charges for this procedure.
c. The Court shall distribute the amounts it collects under this subsection to the law enforcement agency that requested the blood withdrawal.
d. The Court may not impose on the defendant any cost for an alternative test provided free of charge as described in Wis. Stat. § 343.305(4). (Ord. 2021-9 § 1)
10.80.030 Special local regulation.
The forfeiture for violation of Chapter 8.10, 10.10, 10.15, 10.21, 10.25, 10.30, 10.35 or 10.40 ETMC shall be not less than $5.00 nor more than $500.00 for the second offense within two years. (Ord. 2020-1 § 1. 2008 code § 6.13(2))
10.80.040 Miscellaneous.
The forfeiture for violation of any provision of ETMC 10.05.020 shall be not less than $50.00 nor more than $500.00. (2008 code § 6.13(3))
10.80.050 Parking.
The forfeiture for violation of parking regulations shall be as follows:
1. For any vehicle unlawfully parked under ETMC 10.20.040(7), (11), (12) or (13), the forfeiture shall be $10.00 for the first offense and $25.00 for the second offense with the same vehicle within a two-year period; except, that for any vehicle parked in an area marked “Police Parking Only,” the forfeiture shall be $25.00 for each offense.
2. In addition to the base forfeitures set forth in subsection (1) of this section, there shall be added any towing and storage charges imposed under ETMC 10.20.050.
3. For any vehicle unlawfully parked under ETMC 10.20.080, the forfeiture shall be not less than $30.00 nor more than $300.00.
4. The forfeiture for violation of all other parking regulations as set forth in Chapter 10.20 ETMC shall not be less than $1.00, nor more than $5.00 for the first offense and not less than $5.00, nor more than $25.00 for the second offense within two years. (2008 code § 6.13(4))
10.80.060 Default in payment.
Any person defaulting in payment of any forfeiture or costs herein provided for shall be imprisoned in the county jail until said forfeiture and costs are paid but not exceeding 90 days. This section shall not be construed to authorize imprisonment of a defendant for failure to pay a forfeiture or costs solely because said defendant is indigent and cannot forthwith pay his fine in full; provided, that defendant makes application to the court for such relief, and proves his inability to pay. (2008 code § 6.13(5))