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Division IV. Administrative Procedures Revised

This division is included in your selections.
This section is included in your selections.

(1) Intent. It is the intent of this ordinance to obtain the full benefit of a uniform citation ordinance to facilitate the prosecution of violations of the general ordinances of Kenosha County and regulations adopted by its boards pursuant to Wisconsin Statutes.

(2) Authority. This ordinance is enacted pursuant to Sections 59.01, 59.02 and 59.54(6) and 66.0113 of the Wisconsin Statutes, as amended from time to time.

(3) Incorporation. That portion of Wisconsin Statutes section 66.0113 and Chapter 48 of the Wisconsin Statutes as it pertains to citations issued to juveniles and Wisconsin Statutes section 345.11(5) relating to use of uniform citations in enforcement of local traffic ordinances and section 345.28 as it relates to nonpayment of citations and which are not found printed in this ordinance are hereby incorporated into this ordinance along with amendments thereto, and deemed a part hereof as if printed in their entirety.

(4) Citation. Notwithstanding any provision to the contrary in this ordinance and in accordance with Act 389 Law of Wisconsin 1987, the use of a citation is hereby authorized for violations of Kenosha County ordinances and regulations adopted by its boards, including those for which a statutory counterpart exists, under the following conditions:

(a) Form. The form of the citation shall provide:

1. The name and address of the alleged violator.

2. The factual allegations describing the alleged violation.

3. The time and place of the offense.

4. The section of the ordinance or regulation 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 time at which the alleged violator may appear in court.

7. A statement which in essence informs the alleged violator:

a. That the alleged violator may make a cash deposit of a specified amount to be mailed to a specified official within a specified time.

b. That if the alleged violator makes such a deposit, he or she need not appear in court unless subsequently summoned.

c. That if the alleged violator makes a cash deposit and does not appear in court, either he or she will be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment imposed by section 165.87 of the Wisconsin Statutes 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.

d. That if the alleged violator does not make a cash deposit and does not appear in court at the time specified, an action may be commenced against the alleged violator to collect the forfeiture and the penalty assessment imposed by section 757.05 of the Wisconsin Statutes.

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.

9. A serial number for the citation.

10. Such other information as may be deemed necessary.

(b) Enforcement Officers. Citations authorized by this ordinance may be issued by law enforcement officers of Kenosha County. Citations may also be issued by the District Attorney, the Corporation Counsel, the Director of Planning and Zoning, the County Sanitarian, the Highway Commissioner, the Parks Commissioner, the Health Officer, or their agents, concerning violations of ordinances or regulations within their jurisdiction.

(c) Schedule of Cash Deposits.

1. Kenosha County adopts and incorporates herein by reference the schedule of cash deposits applicable to citations that is set forth in the State of Wisconsin Revised Uniform State Traffic Deposit Schedule, and Uniform Misdemeanor Bail Schedule, and Trespass to Land Deposit Schedule, and Juvenile Drinking Violation Deposit Schedule (collectively referred to as the “Schedules”) as they may relate to State statutes and as they may be amended from time to time. A true and correct copy of the Schedules can be found at http://www.wicourts.gov/publications/fees.

2. In addition to the adopted Uniform State “Schedules”, Kenosha County adopts the following cash deposits for Kenosha County Ordinance violations:

ORDINANCE NUMBER

DESCRIPTION

CASH DEPOSIT

PS (26% of cash dep.)

JS CLDS

JISS/CSSS

CC

TOTAL DEPOSIT

5.14

Emergency Gov’t Penalties

$200.00

$52.00

$23.00

$89.50

$25.00

$389.50

6.06

Damage to Signs

$100.00

$26.00

$23.00

$89.50

$25.00

$263.50

7.02

Speed Limits Same as 7.346.57(4)(a-h)

7.025

Traffic Controls Same as 7.346.46

7.03(1)

Parking Regulations

1st Offense

$20.00

$5.20

$23.00

$89.50

$25.00

$162.70

2nd Offense (w/in 12 months)

$50.00

$13.00

$23.00

$89.50

$25.00

$200.50

7.03(2)

Parking Limited and posting of handicapped parking lots

1st Offense

$20.00

$5.20

$23.00

$89.50

$25.00

$162.70

2nd Offense (w/in 12 months)

$50.00

$13.00

$23.00

$89.50

$25.00

$200.50

7.03(3)

Parking Restricted

1st Offense

$20.00

$5.20

$23.00

$89.50

$25.00

$162.70

2nd Offense (w/in 12 months)

$50.00

$13.00

$23.00

$89.50

$25.00

$200.50

7.04

Abandoned Motor Vehicles

$50.00

$13.00

$23.00

$89.50

$25.00

$200.50

7.05

Bicycle Lanes

$50.00

$13.00

$23.00

$89.50

$25.00

$200.50

7.06

Emergency Road Restrictions

$50.00

$13.00

$23.00

$89.50

$25.00

$200.50

7.346.485

Illegal pass of school bus

$150.00

$39.00

$23.00

$89.50

$25.00

$326.50

8.01

Activity Control

$1,000.00

$260.00

$23.00

$89.50

$25.00

$1397.50

8.02

Cabaret Licenses

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

8.03

Motor Vehicle Wrecking Yards

$50.00

$13.00

$23.00

$89.50

$25.00

$200.50

8.05

Emergency Alarm Control

$50.00

$13.00

$23.00

$89.50

$25.00

$200.50

9.095.21

Rabies Control

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.101.123

Clean Indoor Air

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.125

Alcohol Beverages

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.134.66

Restriction on Sale or gift of Cigarettes or Tobacco Products

$50.00

$13.00

$23.00

$89.50

$25.00

$200.50

9.16.10

Regulation of Fireworks

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.174.02

Dogs Running at Large and Untagged Dogs

$100.00

$26.00

$23.00

$89.50

$25.00

$263.50

9.254.92

Purchase or Possession of Cigarettes or Tobacco Products by Minors

$50.00

$13.00

$23.00

$89.50

$25.00

$200.50

9.287.81

Littering

$25.00

$6.50

$23.00

$89.50

$25.00

$169.00

9.813.12(8)

Domestic Abuse Injunction

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.940.19(1)

Battery

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.940.34

Duty to Aid Victim of Crime

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.941.23

Carrying Concealed Weapon

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.941.36

Fraudulent Tapping of Electric Wires or Gas or Water Meters or Pipes

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.941.37(2)

Obstructing Emergency or Rescue Personnel

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.942.01

Defamation

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.942.03

Giving False Information for Publication

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.942.05

Opening Letters

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.942.06

Use of Polygraphs and similar tests

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.942.07

Use of Genetic Tests

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.943.01(1)

Damage to Property

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.943.07(3)

Throwing Stones or Shooting Missiles At Railroad Property

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.943.07(4)

Depositing Debris on Railroad Prop.

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.943.11

Entry to Vehicle

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.943.125

Entry to Locked Coin Box

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.943.13

Trespass to Land

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.943.14

Trespass to Dwellings

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.943.145

Trespass to Medical Facility

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.943.15

Entry onto a Construction Site, Locked Building, Dwelling or Room

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.943.20

Theft

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.943.207

Transfer of Recorded Sounds for Unlawful Use or Sale

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.943.21

Fraud on Hotel or Restaurant Keeper

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.943.215

Absconding w/out Paying Rent

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.943.22

Use of Cheating Tokens

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.943.225

Refusal to Pay for Motor Bus or Taxi Ride

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.943.24

Issuance of Worthless Check

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.943.34

Receiving Stolen Property

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.943.37

Alteration of Property ID Marks

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.943.392

Fraudulent Data Alteration

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.943.41

Financial Transaction Card Crimes

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.943.45

Theft of Telecommunications Service

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.943.455

Theft of Cellular Telephone Service

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.943.46

Theft of Cable Television Service

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.943.47

Theft of Satellite Cable Programming

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.943.50

Retail Theft

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.943.70

Computer Crimes

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.943.75

Unauthorized Release of Animals

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.944.15

Sexual Intercourse in Public

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.944.17

Perversion

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.944.20

Lewd & Lascivious Behavior

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.944.23

Making Lewd, Obscene & Indecent Drawings

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.944.30

Prostitution

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.944.31

Patronizing Prostitutes

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.944.36

Solicitation of Drinks Prohibited

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.945.02

Gambling

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.946.40

Refusing to Aid Officer

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.946.41

Resisting or Obstructing Officer

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.946.46

Encouraging Violation of Probation or Parole

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.946.49

Bail Jumping

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.946.68

Simulating Legal Process

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.946.73

Violation of Laws or Rules Governing State or County Institutions

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.947.01

Disorderly Conduct

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.947.012

Unlawful Use of Telephone

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.947.013

Harassment

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.947.04

Drinking in Common Carriers

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.948.22

Failure to Support

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.948.40

Contributing to Delinquency of a Child

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.948.45

Contributing to Truancy

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.948.51

Hazing

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.948.55(3)

Leave or Store Loaded Firearm Within Reach or Easy Access of a Child

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.948.63

Receiving Property from a Child

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.948.70

Tattooing of Children

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.951.18

Offenses Against Animals

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.961.41

Possession of (3g)(e) Marijuana

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.961.573

Possession of Drug Paraphernalia

$100.00

$26.00

$23.00

$89.50

$25.00

$263.50

9.10.2

Obscenity

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

$1,000.00

$260.00

$23.00

$89.50

$25.00

$1397.50

9.10.3

Coin-Operated Moving Picture House

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.10.4

Acts of Sexual Gratification in Adult Oriented Establishment

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.12

Loitering

$200.00

$52.00

$23.00

$89.50

$25.00

$389.50

9.12.2

Solicitation

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

9.16

Toxic Inhalants

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.17

Curfew

$50.00

$13.00

$23.00

$89.50

$25.00

$200.50

9.18

Police Dogs Mistreat

$100.00

$26.00

$23.00

$89.50

$25.00

$263.50

9.19

Vicious, Dangerous Animal

$100.00

$26.00

$23.00

$89.50

$25.00

$263.50

9.21

Unlawful Presence on School Grounds

$100.00

$26.00

$23.00

$89.50

$25.00

$263.50

9.60

Home Improve Trade Practices

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.61

Home Solicitation Selling

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.62

Coupon Sales Promotion

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.63

Motor Vehicle Repair

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

9.98

Attempt Same deposit as for commission of act

10.04

Permits

$50.00

$13.00

$23.00

$89.50

$25.00

$200.50

10.04(6)

Permits

$100.00

$26.00

$23.00

$89.50

$25.00

$263.50

10.06

Entrance Fees

$50.00

$13.00

$23.00

$89.50

$25.00

$200.50

10.07

Prohibited Actions

$50.00

$13.00

$23.00

$89.50

$25.00

$200.50

Chapter 12

General Zoning and Shoreland/Flood-plain Zoning Ordinance

1st Offense

$100.00

$26.00

$23.00

$89.50

$25.00

$263.50

2nd Offense (w/in 12 months)

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

3rd Offense (w/in 12 months)

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

Chapter 14

Subdivision Control

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

15.02-6(2)(a)

Failure to obtain a sanitary permit for a private sewage system, a system repair/re-connection or non-plumbing sanitation system

1st Offense

$100.00

$26.00

$23.00

$89.50

$25.00

$263.50

2nd Offense (w/in 12 months)

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

3rd Offense (w/in 12 months)

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

15.02-6(2)(b)

Failure to transmit a maintenance/service/monitoring report to the Department of Planning and Development

1st Offense

$100.00

$26.00

$23.00

$89.50

$25.00

$263.50

2nd Offense (w/in 12 months)

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

3rd Offense (w/in 12 months)

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

15.02-6(2)(c)

Improper construction and/or operation of a private on-site wastewater treatment system

1st Offense

$100.00

$26.00

$23.00

$89.50

$25.00

$263.50

2nd Offense (w/in 12 months)

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

3rd Offense (w/in 12 months)

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

15.02-6(2)(d)

Improper discharge of sewage from a private on-site wastewater treatment system or from a structure of human habitatio

1st Offense

$100.00

$26.00

$23.00

$89.50

$25.00

$263.50

2nd Offense (w/in 12 months)

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

3rd Offense (w/in 12 months)

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

15.02-6(2)(e)

Failure to serve a holding tank at a level that is within one (1) foot or less of the inlet invert of the tank

1st Offense

$100.00

$26.00

$23.00

$89.50

$25.00

$263.50

2nd Offense (w/in 12 months)

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

3rd Offense (w/in 12 months)

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

Chapter 16

Environmental Health/Food Ord.

1st offense

$100.00

$26.00

$23.00

$89.50

$25.00

$263.50

2nd offense (w/in 12 mos.)

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

3rd offense (w/in 12 mos.)

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

HD-1.01-1(3)(a)

Accessibility/Obstruction of Viewing Booths in Adult-Oriented Establishments

1st offense

$300.00

$78.00

$23.00

$89.50

$25.00

$515.50

2nd offense (w/in 24 mos.)

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

3rd offense (w/in 24 mos.)

$750.00

$195.00

$23.00

$89.50

$25.00

$1082.50

HD-1.01-1(3)(b)

Construction of Viewing Booths in Adult-Oriented Establishments

1st offense

$300.00

$78.00

$23.00

$89.50

$25.00

$515.50

2nd offense (w/in 24 mos.)

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

3rd offense (w/in 24 mos.)

$750.00

$195.00

$23.00

$89.50

$25.00

$1082.50

HD-1.01-1(3)(c)

Occupancy of Sexual Activity in Viewing Booths in Adult-Oriented Establishments

1st offense

$200.00

$52.00

$23.00

$89.50

$25.00

$389.50

2nd offense (w/in 24 mos.)

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

3rd offense (w/in 24 mos.)

$300.00

$78.00

$23.00

$89.50

$25.00

$515.50

HD-1.01-1(4)

Operator Responsibilities in Adult-Oriented Establishments

1st offense

$300.00

$78.00

$23.00

$89.50

$25.00

$515.50

2nd offense (w/in 24 mos.)

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

3rd offense (w/in 24 mos.)

$750.00

$195.00

$23.00

$89.50

$25.00

$1082.50

HD-2.01-1

Human Health Hazards

1st Offense

$100.00

$26.00

$23.00

$89.50

$25.00

$263.50

2nd Offense (w/in 12 mo.)

$250.00

$65.00

$23.00

$89.50

$25.00

$452.50

3rd Offense (w/in 12 mo.)

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

HD-4.01-1

Lead Abatement

1st Offense

$300.00

$78.00

$23.00

$89.50

$25.00

$515.50

2nd Offense (w/in 24 mo.)

$500.00

$130.00

$23.00

$89.50

$25.00

$767.50

3rd Offense (w/in 24 mo.)

$750.00

$195.00

$23.00

$89.50

$25.00

$1082.50

Reinstatement fee may be charged pursuant to section 345.36(2)(b)

Pursuant to section 938.37, Wis. Stats., a court assigned to exercise jurisdiction under Chapters 938 and 48 may not assess costs or assessments against a juvenile under 14 years of age. Notwithstanding, courts of civil and criminal jurisdiction exercising jurisdiction under s. 938.17 may assess the same costs, penalty assessments and jail assessments against juveniles as they may assess against adults, except that witness fees may not be charged to the juvenile.

(d) To whom deposits paid; Receipts. Cash deposits made under this section shall be paid to the Clerk of Circuit Court for Kenosha County or to the Kenosha County Sheriff. Any person taking such cash deposit shall give the depositor a receipt indicating the name of the depositor, the amount of cash deposited, and serial number of the citation.

(e) Citation Form. The following citation forms, as amended from time to time, shall be used in conjunction with this ordinance: Forms 1 through 5.

(f) Cash Deposit. For purposes of this section, a cash deposit shall be deemed any deposit made either in cash, by credit card, money order, or by certified check payable to the Clerk of Circuit Court for Kenosha County, whose address is Courthouse, Room 209, 912 - 56th Street, Kenosha, WI 53140 or to the Kenosha County Sheriff’s Department whose address is the Kenosha County Public Safety Building, 1000 - 55th Street, Kenosha, Wisconsin 53140 at least three days prior to the scheduled court appearance date. The Clerk of Circuit Court or the Sheriff or individual receiving said funds on behalf of the Clerk of Circuit Court or the Sheriff shall provide a receipt therefor.

(5) Non-exclusivity. The adoption and authorization for use of a citation under this section shall not preclude Kenosha County from adopting any other ordinance or provide 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 proceedings 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.

(6) Parking Violations. Any person violating section 7.03(1) or 7.03(3) of the Municipal Code of Kenosha County shall be subject to the following forfeitures:

$20.00 if paid within 10 days of date of issue

$40.00 if paid after 10 days of date of issue

Any person cited for violating the above sections may, within 10 days of the citation, request a court hearing on the matter provided a cash deposit is made as set forth in subsection (c) of this ordinance. Any unpaid parking ticket may be collected as set forth in Wisconsin Statutes section 345.28. The Kenosha County Sheriff shall issue said citation forms for parking violations as deemed appropriate provided that such forms comply with the requirements of this section.