§ 1.08.010. Penalty provisions.

A.

General Penalty. If no special penalty is stated for a violation of a provision of this code, the following penalties shall apply:

1.

First Offense Penalty. Any person who violates any provision of this code subject to a penalty shall, upon conviction thereof, forfeit not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) together with the costs of prosecution and the penalty assessment required by Section 757.05, Wis. Stats., and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the county jail until the forfeiture and costs are paid, but not exceeding ninety (90) days.

a.

In lieu of imprisonment and in addition to any other suspension or revocation, the defendant's operating privilege may be suspended for thirty (30) days or until the person pays the forfeiture, the penalty assessment, if required by Section 757.05, [Wis. Stats.], and the jail assessment, if required by Section 302.46(1), [Wis. Stats.], whichever is longer, but not to exceed five years.

2.

Second Offense Penalty. Any person found guilty of violating any ordinance or part of an ordinance of this code who has previously been convicted of a violation of the same ordinance within one year shall upon conviction thereof, forfeit not less than forty dollars ($40.00) nor more than one thousand dollars ($1,000.00) and the penalty assessment required by Section 757.05, Wis. Stats., for each such offense, together with the costs of prosecution and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until the forfeiture and costs of prosecution are paid, but not to exceed six months.

a.

In lieu of imprisonment and in addition to any other suspension or revocation, the defendant's operating privilege may be suspended for thirty (30) days or until the person pays the forfeiture, the penalty assessment, if required by Section 302.46(1), [Wis. Stats.], whichever is longer, but not to exceed five years.

B.

The following provisions apply to all violations of this code regardless of whether a specific penalty is provided:

1.

Continued Violation. Each violation and each day a violation continues or occurs constitutes a separate offense. Nothing in this code precludes the city from maintaining any appropriate action to prevent or remove a violation of any provision of this code.

2.

Execution Against Defendant's Property. Whenever any person fails to pay any forfeiture and costs of prosecution upon the order of the 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 the forfeiture and costs.

(Ord. 155-2007; Ord. 102-2004 (part); amended during 1997 codification; prior code § 1-1-5)

(Ord. No. 206-2012, 10-25-2012)