66.0113(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, plus costs, fees, and surcharges imposed under
ch. 814. A city, village, town sanitary district, or public inland lake protection and rehabilitation district may commence action under
s. 66.0114 (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, plus costs, fees, and surcharges imposed under
ch. 814. 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, plus costs, fees, and surcharges imposed under
ch. 814. 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.
66.0113(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 employee.
66.0113(4)
(4) Relationship to other laws. The adoption and authorization for use of a citation under this section does 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 does not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter does not preclude the issuance of a citation under this section.
66.0113(5)
(5) Municipal court. If the action is to be in municipal court, the citation under
s. 800.02 (2) shall be used.
66.0113 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;
1997 a. 27;
1999 a. 9;
1999 a. 150 ss.
274 to
277; Stats. 1999 s. 66.0113;
2001 a. 16;
2003 a. 139.
66.0113 Cross-reference
Cross-reference: As to (3) (d), see s.
800.093 regarding municipal court authority to order restitution.
66.0113 Annotation
Sub. (3) (b) only authorizes the use of citations for violations of ordinances other than those for which a statutory counterpart exists.
76 Atty. Gen. 211.
66.0113 Annotation
A judgment for payment of a forfeiture can be docketed, accumulates interest at 12 percent, and may be enforced through collection remedies available in other civil proceedings.
OAG 2-95.
66.0114
66.0114
Actions for violation of ordinances. 66.0114(1)
(1)
Collection of forfeitures and penalties. 66.0114(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 an 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. If the action is commenced by warrant the affidavit may be the complaint. The affidavit or complaint is 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 a cash deposit 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 is the complaint unless the court directs that a 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. A plea of not guilty on failure to plead puts all matters in the case at issue, any other provision of law notwithstanding. The defendant may enter a not guilty plea by certified mail.
66.0114(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, may designate the manner in which the stipulation is to be made, and may 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, plus costs, fees, and surcharges imposed under
ch. 814, to the designated official, the person need not appear in court and no witness fees or other additional costs, fees, or surcharges may be imposed under
ch. 814 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).
66.0114(1)(bm)
(bm) 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 surcharges imposed under
ch. 814 shall be remitted to the county treasurer, within 20 days after their receipt by the official. If timely remittance is not made, 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 percent per year from the date on which it was due. In the case of any other costs, fees, and surcharges imposed under
ch. 814, the treasurer of the city, village, town sanitary district, or public inland lake protection and rehabilitation district shall remit to the secretary of administration the amount required by law to be paid on the actions 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 qualifies.
66.0114(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.
66.0114(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.
66.0114(3)
(3) Costs and fees; forfeitures to go to treasury. 66.0114(3)(a)(a) Fees in forfeiture actions in circuit court for violations of ordinances are prescribed in
s. 814.63 (1) and
(2).
66.0114(3)(b)
(b) All forfeitures and penalties recovered for the violation of an ordinance or bylaw of a 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 provided in
par. (c) and
sub. (1) (bm). The judge shall report and pay into the treasury, quarterly, or at more frequent intervals if required, all moneys collected belonging to the city, village, town, town sanitary district, or public inland lake protection and rehabilitation district. The report shall be certified and filed in the office of the treasurer. The judge is entitled to duplicate receipts, 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.
66.0114(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 secretary of administration as provided in
s. 59.25 (3) (L).
66.0114 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 Wis. 2d xiii (1988);
1989 a. 107;
1991 a. 39,
40,
189;
1993 a. 16,
167,
246,
491;
1995 a. 201,
349;
1997 a. 27;
1999 a. 9;
1999 a. 150 ss.
278 to
283; Stats. 1999 s. 66.0114;
2001 a. 16;
2003 a. 33,
139,
326.
66.0114 Annotation
Costs should be awarded a defendant who prevails in a municipal ordinance violation case. Milwaukee v. Leschke,
57 Wis. 2d 159,
203 N.W.2d 669 (1973).
66.0114 Annotation
The simultaneous sale of 4 different magazines by the same seller to the same buyer may give rise to separate violations of an obscenity ordinance. Madison v. Nickel,
66 Wis. 2d 71,
223 N.W.2d 865 (1974).
66.0114 Annotation
Under the rationale of
Pedersen,
56 Wis. 2d 286, sub. (1) (c) is constitutional except when imprisonment under the statute is used as a means of collection from an indigent defendant. West Allis v. State ex rel. Tochalauski,
67 Wis. 2d 26,
226 N.W.2d 424 (1975).
66.0114 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 Wis. 2d 333,
231 N.W.2d 193 (1975).
66.0114 Annotation
An officer may make a warrantless arrest for an ordinance violation if a statutory counterpart of the ordinance exists. City of Madison v. Ricky Two Crow,
88 Wis. 2d 156,
276 N.W.2d 359 (Ct. App. 1979).
66.0114 Annotation
An award of costs of prosecution under sub. (1) (c) and s. 800.09 does not include actual attorney fees. Town of Wayne v. Bishop,
210 Wis. 2d 218,
565 N.W.2d 201 (Ct. App. 1997),
95-2387.
66.0114 Annotation
The appearance required under sub. (1) (b) in an OWI action under s. 346.63 (1) may be made by mail as it is a civil action; a defendant's not guilty plea was an appearance beginning the 10 day period in which a jury trial could be requested. City of Fond du Lac v. Kaehne,
229 Wis. 2d 323,
599 N.W.2d 870 (Ct. App. 1999),
98-3619.
66.0114 Annotation
The defendant has the burden to raise and prove indigency when imprisonment is ordered for failure to pay fine under sub. (1) (c). 64 Atty. Gen. 94.
66.0114 Annotation
A judgment for payment of a forfeiture can be docketed, accumulates interest at 12 percent, and may be enforced through collection remedies available in other civil proceedings.
OAG 2-95.
66.0115
66.0115
Outstanding unpaid forfeitures. 66.0115(1)
(1) In this section, “municipality" means a county, city, village or town. Except as provided under
sub. (2), any municipality may refuse to issue any license or permit to a person who has not paid an overdue forfeiture resulting from a violation of an ordinance of the municipality. Any municipality, by written agreement between itself and any other city, village or town within the county in which the municipality is located, may refuse to issue any license or permit to a person who has not paid an overdue forfeiture resulting from a violation of an ordinance of any municipality which is a party to the agreement. No municipality may refuse to issue a license or permit to a person who is appealing the imposition of a forfeiture.
66.0115(2)
(2) A municipality may not refuse to issue any of the following licenses under
sub. (1):
66.0115 History
History: 1981 c. 198;
1999 a. 150 s.
273; Stats. 1999 s. 66.0115.
66.0117
66.0117
Judgment against local governmental units. 66.0117(1)(a)
(a) “Local governmental unit" means a city, village, town, county, school district, technical college district, town sanitary district or public inland lake protection and rehabilitation district.
66.0117(1)(b)2.
2. A judgment creditor's affidavit of the amount due on a judgment, of payments made on the judgment and that the judgment has not been appealed.
66.0117(2)(a)(a) If a final judgment for the payment of money is recovered against a local governmental unit, or an officer of the local governmental unit, when the judgment is to be paid by the local governmental unit, the judgment creditor may file a statement with the clerk of circuit court. The clerk of circuit court shall send a copy of the statement to the appropriate municipal clerk.
66.0117(2)(b)
(b) If a statement is filed under
par. (a), the amount due, with costs and interest to the time when the money will be available for payment, shall be added to the next tax levy, and shall, when received, be paid to satisfy the judgment. If the judgment is appealed after filing the transcript with the clerk of circuit court, and before the tax is collected, the money shall not be collected on that levy. If the municipal clerk fails to include the proper amount in the first tax levy, he or she shall include it or the portion required to complete it in the next levy.
66.0117(3)
(3) In the case of school districts, town sanitary districts or public inland lake protection and rehabilitation districts a statement shall be filed with the clerk of the town, village or city in which the district or any part of it lies, and levy shall be made against the taxable property of the district.
66.0117(4)
(4) No process for the collection of a judgment shall issue until after the time when the money, if collected upon the first tax levy under
sub. (2) (b), is available for payment, and then only by leave of court upon motion.
66.0117(5)
(5) If by reason of dissolution or other cause, pending action, or after judgment, a statement cannot be filed with the clerk described in
sub. (2) (a) or
(3), it shall be filed with the clerk or clerks whose duty it is to make up the tax roll for the property liable.
66.0117 History
History: 1971 c. 154;
1975 c. 197;
1993 a. 399;
1995 a. 224;
1999 a. 150 ss.
29,
255; Stats. 1999 s. 66.0117.
66.0117 Annotation
Sub. (1) (b) [now sub. (2) (b)] requires assessment of the full amount of a judgment against a town or sanitary district in the 1st levy made thereafter. If the full amount has not been assessed in 2 levies, additional levies may be levied. Davy Engineering Co. v. Clerk of Town of Mentor,
221 Wis. 2d 744,
585 N.W.2d 832 (Ct. App. 1998),
97-3575.
66.0119
66.0119
Special inspection warrants. 66.0119(1)(a)(a) “Inspection purposes" includes 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. “Inspection purposes" also includes purposes for obtaining information specified in
s. 196.02 (5m) by or on behalf of the public service commission.
66.0119(1)(b)
(b) “Peace officer" means a state, county, city, village, town, town sanitary district or public inland lake protection and rehabilitation district officer, agent or employee charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, including buildings, building premises and building contents, and means a local health officer, as defined in
s. 250.01 (5), or his or her designee.
66.0119(2)
(2) A peace officer may apply for, obtain and execute a special inspection warrant issued under this section. Except in cases of emergency where no special inspection warrant is 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.
66.0119(3)
(3) The following forms for use under this section 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 ...., .... (year), 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 ...., .... (year)
.... 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 ...., .... (year), 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 ...., .... (year),
.... Judge of the .... Court.
Endorsement on Warrant
Received by me ...., .... (year), 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 ...., .... (year)
.... Sheriff (or peace officer).
66.0119 Annotation
Warrants for administrative or regulatory searches modify the conventional understanding of probable cause requirements for warrants as the essence of the search is that there is no probable cause to believe a search will yield evidence of a violation. Refusal of consent is not a constitutional requirement for issuing the warrant, although it may be a statutory violation. Suppression only applies to constitutional violations. State v. Jackowski,
2001 WI App 187,
247 Wis. 2d 430,
633 N.W.2d 649,
00-2851.
66.0119 Annotation
The constitutional limitations on inspections pursuant to warrants issued under this section are discussed. Platteville Area Apartment Association v. City of Platteville,
179 F.3d 574 (1999).
66.0121
66.0121
Orders; action; proof of demand. No action may be brought upon a city, village, town or school district order until 30 days after a demand for the payment of the order has been made. If an action is brought and the defendant fails to appear and defend the action, judgment shall not be entered without affirmative proof of the demand. If judgment is entered without proof of the demand, the judgment is void.
