66.119(1)(b)7.b.
b. That if the alleged violator makes such a deposit, he or she need not appear in court unless subsequently summoned.
66.119(1)(b)7.c.
c. That if the alleged violator makes a cash deposit and does not appear in court, he or she either will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment imposed by
s. 165.87, a jail assessment imposed by
s. 302.46 (1) and any applicable domestic abuse assessment imposed by
s. 973.055 (1) not to exceed the amount of the deposit or will be summoned into court to answer the complaint if the court does not accept the plea of no contest.
66.119(1)(b)7.d.
d. That if the alleged violator does not make a cash deposit and does not appear in court at the time specified, the court may issue a summons or a warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment under
sub. (3) (d), or the municipality may commence an action against the alleged violator to collect the forfeiture, the penalty assessment imposed by
s. 165.87, the jail assessment imposed by
s. 302.46 (1) and any applicable domestic abuse assessment imposed by
s. 973.055 (1).
66.119(1)(b)7.e.
e. That if the court finds that the violation involves an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and that the violation resulted in damage to the property of or physical injury to a person other than the alleged violator, the court may summon the alleged violator into court to determine if restitution shall be ordered under
s. 800.093.
66.119(1)(b)8.
8. A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he or she read the statement required under
subd. 7. and shall send the signed statement with the cash deposit.
66.119(1)(c)
(c) An ordinance adopted under
par. (a) shall contain a schedule of cash deposits that are to be required for the various ordinance violations, and for the penalty assessment imposed by
s. 165.87, the jail assessment imposed by
s. 302.46 (1) and any applicable domestic abuse assessment imposed by
s. 973.055 (1), for which a citation may be issued. The ordinance shall also specify the court, clerk of court or other official to whom cash deposits are to be made and shall require that receipts be given for cash deposits.
66.119(2)(a)(a) Citations authorized under this section may be issued by law enforcement officers of the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district. In addition, the governing body of a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district may designate by ordinance or resolution other county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district officials who may issue citations with respect to ordinances which are directly related to the official responsibilities of the officials. Officials granted the authority to issue citations may delegate, with the approval of the governing body, the authority to employes. Authority delegated to an official or employe shall be revoked in the same manner by which it is conferred.
66.119(2)(b)
(b) The issuance of a citation by a person authorized to do so under
par. (a) shall be deemed adequate process to give the appropriate court jurisdiction over the subject matter of the offense for the purpose of receiving cash deposits, if directed to do so, and for the purposes of
sub. (3) (b) and
(c). Issuance and filing of a citation does not constitute commencement of an action. Issuance of a citation does not violate
s. 946.68.
66.119(3)
(3) Violator's options; procedure on default. 66.119(3)(a)(a) The person named as the alleged violator in a citation may appear in court at the time specified in the citation or may mail or deliver personally a cash deposit in the amount, within the time and to the court, clerk of court or other official specified in the citation. If a person makes a cash deposit, the person may nevertheless appear in court at the time specified in the citation, provided that the cash deposit may be retained for application against any forfeiture, restitution, penalty assessment, jail assessment or domestic abuse assessment that may be imposed.
66.119(3)(b)
(b) If a person appears in court in response to a citation, the citation may be used as the initial pleading, unless the court directs that a formal complaint be made, and the appearance confers personal jurisdiction over the person. The person may plead guilty, no contest or not guilty. If the person pleads guilty or no contest, the court shall accept the plea, enter a judgment of guilty and impose a forfeiture, the penalty assessment imposed by
s. 165.87, the jail assessment imposed by
s. 302.46 (1) and any applicable domestic abuse assessment imposed by
s. 973.055 (1). If the court finds that the violation meets the conditions in
s. 800.093 (1), the court may order restitution under
s. 800.093. A plea of not guilty shall put all matters in the case at issue, and the matter shall be set for trial.
66.119(3)(c)
(c) If the alleged violator makes a cash deposit and fails to appear in court, the citation may serve as the initial pleading and the violator shall be considered to have tendered a plea of no contest and submitted to a forfeiture, the penalty assessment imposed by
s. 165.87, the jail assessment imposed by
s. 302.46 (1) and any applicable domestic abuse assessment imposed by
s. 973.055 (1) not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly or reject the plea. If the court finds the violation meets the conditions in
s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under
s. 800.093. If the court accepts the plea of no contest, the defendant may move within 10 days after the date set for the appearance to withdraw the plea of no contest, open the judgment and enter a plea of not guilty if the defendant shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect. If the plea of no contest is accepted and not subsequently changed to a plea of not guilty, no costs or fees may be taxed against the violator, but a penalty assessment, a jail assessment and, if applicable, a domestic abuse assessment shall be assessed. If the court rejects the plea of no contest, an action for collection of the forfeiture, penalty assessment, jail assessment and any applicable domestic abuse assessment may be commenced. A city, village, town sanitary district or public inland lake protection and rehabilitation district may commence action under
s. 66.12 (1) and a county or town may commence action under
s. 778.10. The citation may be used as the complaint in the action for the collection of the forfeiture, penalty assessment, jail assessment and any applicable domestic abuse assessment.
66.119(3)(d)
(d) If the alleged violator does not make a cash deposit and fails to appear in court at the time specified in the citation, the court may issue a summons or warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment accordingly if service was completed as provided under
par. (e) or the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district may commence an action for collection of the forfeiture, penalty assessment and jail assessment and any applicable domestic abuse assessment. A city, village, town sanitary district or public inland lake protection and rehabilitation district may commence action under
s. 66.12 (1) and a county or town may commence action under
s. 778.10. The citation may be used as the complaint in the action for the collection of the forfeiture, penalty assessment and jail assessment and any applicable domestic abuse assessment. If the court considers the nonappearance to be a plea of no contest and enters judgment accordingly, the court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow the defendant not less than 20 days from the date of the judgment to pay any forfeiture, penalty assessment and jail assessment and any applicable domestic abuse assessment imposed. If the defendant moves to open the judgment within 6 months after the court appearance date fixed in the citation, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect, the court shall reopen the judgment, accept a not guilty plea and set a trial date.
66.119(3)(e)
(e) A judgment may be entered under
par. (d) if the summons or citation was served as provided under
s. 968.04 (3) (b) 2. or by personal service by a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district employe.
66.119(4)
(4) Relationship to other laws. The adoption and authorization for use of a citation under this section shall not preclude the governing body from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or any other matter. The issuance of a citation under this section shall not preclude the proceeding under any other ordinance or law relating to the same or any other matter. The proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this section.
66.119(5)
(5) Municipal court. If the action is to be in municipal court, the citation under
s. 800.02 (2) shall be used.
66.119 History
History: 1975 c. 201,
421;
1977 c. 29,
305;
1979 c. 32 s.
92 (8), (17);
1979 c. 151,
355;
1987 a. 27,
389;
1989 a. 107;
1991 a. 39,
40,
128,
189,
315;
1993 a. 16,
167;
1995 a. 349.
66.119 Cross-reference
Cross-reference: As to (3) (d), see s.
800.093 regarding municipal court authority to order restitution.
66.119 Annotation
Circuit court may not issue bench warrant for violator of county ordinance who has received citation under this section and who neither posts deposit nor appears at citation return date. 70 Atty. Gen. 280.
66.119 Annotation
Sub. (3) (b) only authorizes use of citations for violations of ordinances other than those for which a statutory counterpart exists.
76 Atty. Gen. 211.
66.119 Annotation
A judgment for payment of a forfeiture can be docketed, accumulates interest at 12% and may be enforced through collection remedies available in other civil proceedings.
OAG 2-95.
66.12
66.12
Actions for violation of ordinances. 66.12(1)
(1)
Collection of forfeitures and penalties. 66.12(1)(a)(a) An action for violation of an ordinance or bylaw enacted by a city, village, town sanitary district or public inland lake protection and rehabilitation district is a civil action. All forfeitures and penalties imposed by any ordinance or bylaw of the city, village, town sanitary district or public inland lake protection and rehabilitation district, except as provided in
ss. 345.20 to
345.53, may be collected in an action in the name of the city or village before the municipal court or in an action in the name of the city, village, town sanitary district or public inland lake protection and rehabilitation district before a court of record. If the action is in municipal court, the procedures under
ch. 800 apply and the procedures under this section do not apply. If the action is in a court of record, it shall be commenced by warrant or summons under
s. 968.04 or, if applicable, by citation under
s. 778.25 or
778.26. A law enforcement officer may arrest the offender in all cases without warrant under
s. 968.07. The affidavit where the action is commenced by warrant may be the complaint. The affidavit or complaint shall be sufficient if it alleges that the defendant has violated an ordinance or bylaw, specifying the ordinance or bylaw by section, chapter, title or otherwise with sufficient plainness to identify the ordinance or bylaw. The judge may release a defendant without bail or may permit him or her to execute an unsecured appearance bond upon arrest. In arrests without a warrant or summons a statement on the records of the court of the offense charged shall stand as the complaint unless the court directs that formal complaint be issued. In all actions under this paragraph the defendant's plea shall be guilty, not guilty or no contest and shall be entered as not guilty on failure to plead, which plea of not guilty shall put all matters in the case at issue, any other provision of law notwithstanding.
66.12(1)(b)
(b) Local ordinances, except as provided in this paragraph or
ss. 345.20 to
345.53, may contain a provision for stipulation of guilt or no contest of any or all violations under those ordinances, and may designate the manner in which the stipulation is to be made and fix the penalty to be paid. When a person charged with a violation for which stipulation of guilt or no contest is authorized makes a timely stipulation and pays the required penalty and pays the penalty assessment imposed by
s. 165.87, the jail assessment imposed by
s. 302.46 (1) and any applicable domestic abuse assessment imposed by
s. 973.055 (1) to the designated official, the person need not appear in court and no witness fees or other additional costs may be taxed unless the local ordinance so provides. A court appearance is required for a violation of a local ordinance in conformity with
s. 346.63 (1). The official receiving the penalties shall remit all moneys collected to the treasurer of the city, village, town sanitary district or public inland lake protection and rehabilitation district in whose behalf the sum was paid, except that all jail assessments shall be remitted to the county treasurer, within 20 days after its receipt by him or her; and in case of any failure in the payment, the treasurer may collect the payment of the officer by action, in the name of the office, and upon the official bond of the officer, with interest at the rate of 12% per year from the time when it should have been paid. In the case of the penalty assessment imposed by
s. 165.87, the driver improvement surcharge imposed by
s. 346.655 (1) and any applicable domestic abuse assessment imposed by
s. 973.055 (1), the treasurer of the city, village, town sanitary district or public inland lake protection and rehabilitation district shall remit to the state treasurer the sum required by law to be paid on the actions so entered during the preceding month on or before the first day of the next succeeding month. The governing body of the city, village, town sanitary district or public inland lake protection and rehabilitation district shall by ordinance designate the official to receive the penalties and the terms under which the official shall qualify.
66.12(1)(c)
(c) If the circuit court finds a defendant guilty in a forfeiture action based on a violation of an ordinance, the court shall render judgment as provided under
ss. 800.09 and
800.095. If the court finds the violation meets the conditions in
s. 800.093 (1) (a) and
(b), the court may hold a hearing to determine if restitution shall be ordered under
s. 800.093.
66.12(1)(d)
(d) If the defendant desires to enter a not guilty plea, such plea may be entered by certified mail.
66.12(2)
(2) Appeals. Appeals in actions in courts of record to recover forfeitures and penalties imposed by any ordinance or bylaw of a city, village, town sanitary district or public inland lake protection and rehabilitation district may be taken either by the defendant or by the city, village, town sanitary district or public inland lake protection and rehabilitation district. Appeals from circuit court in actions to recover forfeitures for ordinances enacted under
ch. 349 shall be to the court of appeals. An appeal by the defendant shall include a bond to the city, village, town sanitary district or public inland lake protection and rehabilitation district with surety, to be approved by the judge, conditioned that if judgment is affirmed in whole or in part the defendant will pay the judgment and all costs and damages awarded against the defendant on the appeal. If the judgment is affirmed in whole or in part, execution may issue against both the defendant and the surety.
66.12(3)
(3) Costs and fees; forfeitures to go to treasury. 66.12(3)(a)(a) Fees in forfeiture actions in circuit court for violations of ordinances are prescribed in
s. 814.63 (1) and
(2).
66.12(3)(b)
(b) All forfeitures and penalties recovered for the violation of any ordinance or bylaw of any city, village, town, town sanitary district or public inland lake protection and rehabilitation district shall be paid into the city, village, town, town sanitary district or public inland lake protection and rehabilitation district treasury for the use of the city, village, town, town sanitary district or public inland lake protection and rehabilitation district, except as otherwise provided in
par. (c),
sub. (1) (b) and
s. 165.87. The judge shall report and pay into the treasury, quarterly, or at more frequent intervals if so required, all moneys collected belonging to the city, village, town, town sanitary district or public inland lake protection and rehabilitation district, which report shall be certified and filed in the office of the treasurer; and the judge shall be entitled to duplicate receipts for such moneys, one of which he or she shall file with the city, village or town clerk or with the town sanitary district or the public inland lake protection and rehabilitation district.
66.12(3)(c)
(c) The entire amount in excess of $150 of any forfeiture imposed for the violation of any traffic regulation in conformity with
ch. 348 shall be transmitted to the county treasurer if the violation occurred on an interstate highway, a state trunk highway or a highway over which the local highway authority does not have primary maintenance responsibility. The county treasurer shall then make payment to the state treasurer as provided in
s. 59.25 (3) (L).
66.12 History
History: 1971 c. 278;
1973 c. 336;
1975 c. 231;
1977 c. 29,
182,
269,
272,
305,
418,
447,
449;
1979 c. 32 s.
92 (17);
1979 c. 110 s.
60 (13);
1979 c. 331;
1981 c. 20,
317;
1983 a. 418 s.
8;
1987 a. 27,
389; Sup. Ct. Order, 146 W (2d) xiii (1988);
1989 a. 107;
1991 a. 39,
40,
189;
1993 a. 16,
167,
246,
491;
1995 a. 201,
349.
66.12 Annotation
Costs should be awarded a defendant who prevails in a municipal ordinance violation case. Milwaukee v. Leschke, 57 W (2d) 159, 203 NW (2d) 669.
66.12 Annotation
The simultaneous sale of 4 different magazines by the same seller to the same buyer may give rise to separate violations of the obscenity ordinance. Madison v. Nickel, 66 W (2d) 71, 223 NW (2d) 865.
66.12 Annotation
Under the rationale of the Pedersen Case, 56 W (2d) 286, (1) (c) is constitutional except in the instance where imprisonment under the statute is used as a means of collection from an indigent defendant. West Allis v. State ex rel. Tochalauski, 67 W (2d) 26, 226 NW (2d) 424.
66.12 Annotation
Sub. (1) (a) does not authorize the issuance of arrest warrants without a showing of probable cause. State ex rel. Warrender v. Kenosha County Ct. 67 W (2d) 333, 231 NW (2d) 193.
66.12 Annotation
Under 968.07 (1) (d) and 66.12 (1) (a), officer may make warrantless arrest for ordinance violation if statutory counterpart of ordinance exists. City of Madison v. Ricky Two Crow, 88 W (2d) 156, 276 NW (2d) 359 (Ct. App. 1979).
66.12 Annotation
Defendant has burden to raise and prove indigency where imprisonment is ordered for failure to pay fine under (1) (c). 64 Atty. Gen. 94.
66.12 Annotation
A judgment for payment of a forfeiture can be docketed, accumulates interest at 12% and may be enforced through collection remedies available in other civil proceedings.
OAG 2-95.
66.121
66.121
Inspection of property. A county or a city authorized to act under
s. 74.87 may enter any real property for which a tax certificate has been issued under
s. 74.57, or may authorize another person to enter the real property, to determine the nature and extent of environmental pollution, as defined in
s. 299.01 (4).
66.121 History
History: 1993 a. 453;
1995 a. 227.
66.122
66.122
Special inspection warrants. 66.122(1)(a)(a) Any state, county, city, village, town, town sanitary district or public inland lake protection and rehabilitation district officer, agent or employe charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, including buildings, building premises and building contents, is deemed a peace officer for the purpose of applying for, obtaining and executing special inspection warrants under
s. 66.123 for inspection purposes.
66.122(1)(b)
(b) "Inspection purposes" include, without limitation because of enumeration, such purposes as building, housing, electrical, plumbing, heating, gas, fire, health, safety, environmental pollution, water quality, waterways, use of water, food, zoning, property assessment, meter and obtaining data required to be submitted in an initial site report or feasibility report under
subch. III of ch. 289 or
s. 291.23,
291.25,
291.29 or
291.31 or an environmental impact statement related to one of those reports.
66.122(2)
(2) Except in cases of emergency where no special inspection warrant shall be required, special inspection warrants shall be issued for inspection of personal or real properties which are not public buildings or for inspection of portions of public buildings which are not open to the public only upon showing that consent to entry for inspection purposes has been refused. The definition of "public building" under
s. 101.01 (12) applies to this section.
66.122 Annotation
See note to 141.05, citing 63 Atty. Gen. 337.
66.123
66.123
Special inspection warrant forms. The following forms for use under
s. 66.122 are illustrative and not mandatory:
Affidavit
STATE OF WISCONSIN
.... County
In the .... court of the .... of ....
A. F., being duly sworn, says that on the .... day of ...., 19.., in said county, in and upon certain premises in the (city, town or village) of .... and more particularly described as follows: (describe the premises) there now exists a necessity to determine if said premises comply with (section .... of the Wisconsin statutes) or (section .... of ordinances of said municipality) or both. The facts tending to establish the grounds for issuing a special inspection warrant are as follows: (set forth brief statement of reasons for inspection, frequency and approximate date of last inspection, if any, which shall be deemed probable cause for issuance of warrant).
Wherefore, the said A. F. prays that a special inspection warrant be issued to search such premises for said purpose.
...(Signed) A. F.
Subscribed and sworn to before me this .... day of ...., 19..
.... Judge of the .... Court.
Special Inspection Warrant
STATE OF WISCONSIN
.... County
In the .... court of the .... of ....
The State of Wisconsin, To the sheriff or any constable or any peace officer of said county:
Whereas, A. B. has this day complained (in writing) to the said court upon oath that on the .... day of ...., 19.., in said county, in and upon certain premises in the (city, town or village) of .... and more particularly described as follows: (describe the premises) there now exists a necessity to determine if said premises comply with (section .... of the Wisconsin statutes) or (section .... of ordinances of said municipality) or both and prayed that a special inspection warrant be issued to search said premises.
Now, therefore, in the name of the state of Wisconsin you are commanded forthwith to search the said premises for said purposes.
Dated this .... day of ...., 19..,
.... Judge of the .... Court.
Indorsement on Warrant
Received by me ...., 19.., at .... o'clock .... M.
.... Sheriff (or peace officer).
Return of Officer
STATE OF WISCONSIN
.... Court
.... County.
I hereby certify that by virtue of the within warrant I searched the named premises and found the following things (describe findings).
Dated this .... day of ...., 19...
.... Sheriff (or peace officer).
66.123 History
History: 1983 a. 36.
66.124
66.124
Order authority. 66.124(1)(1) An employe or agent of a local health department designated by the department of health and family services under
s. 254.69 (2) or the department of agriculture, trade and consumer protection under
s. 97.41 may enter, at reasonable hours, any premises for which the local health department issues a permit under
s. 97.41 or
254.69 (2) to inspect the premises, secure samples or specimens, examine and copy relevant documents and records or obtain photographic or other evidence needed to enforce
subch. VII of ch. 254,
ch. 97 or
s. 254.47, relating to those premises. If samples of food are taken, the local health department shall pay or offer to pay the market value of those samples. The local health department, department of health and family services or department of agriculture, trade and consumer protection shall examine the samples and specimens secured and shall conduct other inspections and examinations needed to determine whether there is a violation of
subch. VII of ch. 254,
ch. 97 or
s. 254.47, rules adopted by the departments under those statutes, ordinances adopted by the village, city or county or regulations adopted by the local board of health under
s. 97.41 (7) or
254.69.
66.124(2)(a)(a) Whenever, as a result of an examination, a village, city or county has reasonable cause to believe that any examined food constitutes, or that any construction, sanitary condition, operation or method of operation of the premises or equipment used on the premises creates an immediate danger to health, the administrator of the village, city or county agency responsible for the village's, city's or county's agent functions under
s. 97.41 or
254.69 (2) may issue a temporary order and cause it to be delivered to the permittee, or to the owner or custodian of the food, or to both. The order may prohibit the sale or movement of the food for any purpose, prohibit the continued operation or method of operation of specific equipment, require the premises to cease any other operation or method of operation which creates the immediate danger to health, or set forth any combination of these requirements. The administrator may order the cessation of all operations authorized by the permit only if a more limited order does not remove the immediate danger to health. Except as provided in
par. (c), no temporary order is effective for longer than 14 days from the time of its delivery, but a temporary order may be reissued for one additional 14-day period, if necessary to complete the analysis or examination of samples, specimens or other evidence.
66.124(2)(b)
(b) No food described in a temporary order issued and delivered under
par. (a) may be sold or moved and no operation or method of operation prohibited by the temporary order may be resumed without the approval of the village, city or county, until the order has terminated or the time period specified in
par. (a) has run out, whichever occurs first. If the village, city or county, upon completed analysis and examination, determines that the food, construction, sanitary condition, operation or method of operation of the premises or equipment does not constitute an immediate danger to health, the permittee, owner or custodian of the food or premises shall be promptly notified in writing and the temporary order shall terminate upon his or her receipt of the written notice.
66.124(2)(c)
(c) If the analysis or examination shows that the food, construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health, the permittee, owner or custodian shall be notified within the effective period of the temporary order issued under
par. (a). Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under
sub. (3), and no food described in the temporary order may be sold or moved and no operation or method of operation prohibited by the order may be resumed without the approval of the village, city or county.
66.124(3)
(3) A notice issued under
sub. (2) (c) shall be accompanied by notice of a hearing as provided in
s. 68.11 (1). The village, city or county shall hold a hearing no later than 15 days after the service of the notice, unless both parties agree to a later date. Notwithstanding
s. 68.12, a final decision shall be issued under
s. 68.12 within 10 days of the hearing. The decision may order the destruction of food, the diversion of food to uses which do not pose a danger to health, the modification of food so that it does not create a danger to health, changes to or replacement of equipment or construction, other changes in or cessations of any operation or method of operation of the equipment or premises, or any combination of these actions necessary to remove the danger to health. The decision may order the cessation of all operations authorized by the permit only if a more limited order will not remove the immediate danger to health.
66.124(4)
(4) A proceeding under this section, or the issuance of a permit for the premises after notification of procedures under this section, does not constitute a waiver by the village, city or county of its authority to rely on a violation of
ch. 97,
s. 254.47 or
subch. VII of ch. 254 or any rule adopted under those statutes as the basis for any subsequent suspension or revocation of the permit or any other enforcement action arising out of the violation.
