amended agenda for the members noticed must...

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P:\Public Works\Agendas\2018\PSC 02-26-18 Agenda Amended kjj.doc AMENDED AGENDA FOR THE CITY OF BARABOO PUBLIC SAFETY COMMITTEE Date and Time: Monday, February 26, 2018 – 1:00 P.M. Location: City Services Center – 450 Roundhouse Court, Baraboo, Wisconsin Members Noticed: Phil Wedekind, Tom Kolb, Michael Plautz Others Noticed: Administrator E. Geick, Mayor M. Palm, Police Chief M. Schauf, Fire Chief K. Stieve, Attorney E. Truman, T. Pinion, W. Peterson, T. Gilman, and Library. 1. Call to Order a. Note compliance with the Open Meeting Law. b. Roll call. c. Approve agenda. d. Approve minutes of January 29, 2018 Public Safety Committee meeting. 2. New Business a. Consider Ordinance revising Official Traffic Map to show the designated handicap parking stalls in Downtown Baraboo. b. Consider Ordinance that prohibits smoking, vaping, and the use of chewing tobacco in City-owned buildings. c. Review funding for City’s share of the Biosolids Project at the Water Resource Recovery Facility. d. Review and approval of monthly Billing Adjustments/Credits for Sewer and Water Customers for the month of January 2018. e. Consider updates to City Code s. 10.05A, Chronic Nuisance Premises. f. Consider updates to City Code s. 25.10, Bond Schedule for Ordinance Violations. 3. Reports a. Utility Superintendent’s Report b. Street Superintendent’s Report c. Police Chief’s Report d. Fire Chief’s Report CLOSED SESSION The Chair will announce that the Committee will go into Closed Session per s. 19.85(1)(g), Wis. Stat., conferring with legal counsel who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved concerning sewage rates for high strength wastewater customers. OPEN SESSION The Chair announces that the Committee will reconvene into Open Session as per s. 19.85(2), Wis. Stat. 4. Adjournment Phil Wedekind, Chairperson Agenda Prepared by Kris Jackson Agenda Posted by Kris Jackson February 23, 2018 PLEASE TAKE NOTICE that any person who has a qualifying disability as defined by the Americans with Disabilities Act, that requires the meeting or materials at the meeting to be in an accessible location or format, should contact the Municipal Clerk (135 Fourth Street or phone 355-2700) during regular business hours at least 48 hours before the meeting so that reasonable arrangements can be made to accommodate each request. FOR INFORMATION ONLY, NOT TO BE PUBLISHED Members noticed must notify Committee Chairman Wedekind at least 24 hours before the meeting if they will not be able to attend.

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P:\Public Works\Agendas\2018\PSC 02-26-18 Agenda Amended kjj.doc

AMENDED AGENDA FOR THECITY OF BARABOOPUBLIC SAFETY COMMITTEE

Date and Time: Monday, February 26, 2018 – 1:00 P.M.Location: City Services Center – 450 Roundhouse Court, Baraboo, WisconsinMembers Noticed: Phil Wedekind, Tom Kolb, Michael PlautzOthers Noticed: Administrator E. Geick, Mayor M. Palm, Police Chief M. Schauf, Fire Chief K.

Stieve, Attorney E. Truman, T. Pinion, W. Peterson, T. Gilman, and Library.

1. Call to Ordera. Note compliance with the Open Meeting Law.b. Roll call.c. Approve agenda.d. Approve minutes of January 29, 2018 Public Safety Committee meeting.

2. New Businessa. Consider Ordinance revising Official Traffic Map to show the designated handicap parking stalls

in Downtown Baraboo.b. Consider Ordinance that prohibits smoking, vaping, and the use of chewing tobacco in City-owned

buildings.c. Review funding for City’s share of the Biosolids Project at the Water Resource Recovery Facility.d. Review and approval of monthly Billing Adjustments/Credits for Sewer and Water Customers for

the month of January 2018.e. Consider updates to City Code s. 10.05A, Chronic Nuisance Premises.f. Consider updates to City Code s. 25.10, Bond Schedule for Ordinance Violations.

3. Reportsa. Utility Superintendent’s Reportb. Street Superintendent’s Reportc. Police Chief’s Reportd. Fire Chief’s Report

CLOSED SESSIONThe Chair will announce that the Committee will go into Closed Session per s. 19.85(1)(g), Wis. Stat.,conferring with legal counsel who is rendering oral or written advice concerning strategy to be adoptedby the body with respect to litigation in which it is or is likely to become involved concerning sewagerates for high strength wastewater customers.

OPEN SESSIONThe Chair announces that the Committee will reconvene into Open Session as per s. 19.85(2), Wis.Stat.

4. Adjournment

Phil Wedekind, Chairperson

Agenda Prepared by Kris JacksonAgenda Posted by Kris Jackson February 23, 2018

PLEASE TAKE NOTICE that any person who has a qualifying disability as defined by the Americans with Disabilities Act, that requires the meeting ormaterials at the meeting to be in an accessible location or format, should contact the Municipal Clerk (135 Fourth Street or phone 355-2700) during regular business hours atleast 48 hours before the meeting so that reasonable arrangements can be made to accommodate each request.

FOR INFORMATION ONLY, NOT TO BE PUBLISHED

Members noticed must notify Committee ChairmanWedekind at least 24 hours before the meeting if theywill not be able to attend.

P:\Public Works\Minutes\2018 Minutes\PSC 01-29-18 Minutes.doc

Minutes of the Public Safety Committee Meeting – January 29, 2018 Members Present: Phil Wedekind, Tom Kolb, and Mike Plautz. Others Present: Ed Geick, Mike Palm, Kevin Stieve, Tom Pinion, Tony Gilman, Wade Peterson, Mary Klingenmeyer, Jeaunne Sorenson. Call to Order - Committee Chairman Phil Wedekind called the meeting to order at 1:00 P.M. at the City Services Center, 450 Roundhouse Court, Baraboo, Wisconsin. Compliance with the Open Meeting Law was noted. Wedekind said that it was requested that Item C for an Automatic Aid Agreement with Delton Fire Department be taken off the agenda. Kolb moved, Plautz seconded to approve the agenda as revised. By voice vote, the motion carried. Plautz moved, Kolb seconded to approve the minutes of the December 11, 2017 meeting. By voice vote, the motion carried.

New Business a. Consider request for additional streetlights on CTH T & Tillberry – Pinion presented the background on this item.

He said that the only intersection on the north part of Taft Avenue that does not have a streetlight is Tillberry. He

said the prices received from Alliant for a concrete pole with new LED fixture is approximately $3,000. He said

for the longer trombone arm to match the one down the hill at 15th would be just less of $500. It was moved by

Kolb, seconded by Plautz to install a trombone arm for $500 at Taft and Tillberry. Motion carried unanimously.

b. Consider request for guardrails on the north side of South Blvd. along Honey Boy Mobile Home Park – Pinion

said that some time ago concrete jersey barrier were placed along South Blvd. and have now been removed. He

said the barriers on the right side of the driveway were sitting in the gutters; the barriers on the left side of the

driveway were sitting behind the curb and gutter. He said that portion of South Blvd. has an irregular shaped

right-of-way. He said looking at it from a technical standpoint, especially with the increased traffic on W, they are

not only an encroachment into the right-of-way, but an obstruction in the right-of-way. He leaving the barriers

there would increase the City’s liability. He said the Braithwaite’s’, owners of Honey Boy said that they believed

the barriers were put there to alleviate flooding. He said that he spoke with Jeaunne Sorenson, a resident of Honey

Boy, who is in attendance said that they were put there to protect her home from traffic that might be leaving

Walmart and sliding across the road. He said that there are now accident report found. He said that he spoke with

the new County Highway Commissioner because it is joint jurisdiction and they agreed that the barriers be

removed, and the County removed them. Jeaunne Sorenson then addressed the Committee. She said that the

concrete barriers were talked about in 2000 and were installed 2001. He said when the barriers were put in, Mr.

Koss came to her home and discussed the guardrail and concrete barriers and he said that it was a safety issue. She

questioned if the barriers were a problem from people pulling in and out of Honey Boy why they were there for 17

years. She said she feels the only reason the guardrails were not installed is that the barriers were already there.

She said that she feels unsafe in her own home. Kolb asked if a guardrail could be installed. Pinion said that

anything could be done; however, the question is if it would still be in the public right-of-way. It was stated by

Mary Klingenmeyer that the Sauk County Highway Committee was in favor of putting something there for safety,

but then was stopped by the City. The Committee directed Pinion to check with the County regarding installing

guardrails and bring in back to the Committee in February.

c. Consideration of an Automatic Aid Agreement with Delton Fire Department – Item was taken off the agenda.

d. Review and approval of monthly Billing Adjustments/Credits for Sewer and Water Customers for the month of

December, 2017 – It was moved by Kolb, seconded by Plautz to approve the adjustments/credits for December,

2017. Motion carried unanimously.

Reports

a. Utility Superintendent’s Report – Peterson said Bio-Solids project is moving along, and will be having the pre-

construction meeting on Thursday. He said he is hoping to break ground in May and hope to be done in October

or November. He said that the City received State money for lead service replacements and have requested a list

of plumbers that are interested in the project. He said that 11 plumbers responded. He said the first 100 letters

were sent out. He said Well #2 proposals have went out. The WDES permit for the Treatment Facility is up for

P:\Public Works\Minutes\2018 Minutes\PSC 01-29-18 Minutes.doc

renewal and has been sent in. He said that he would be requesting two items be added the Chapter 13. He said the

Utility Software package should be arriving soon. A lengthy phosphorus then took place.

b. Street Superintendent’s Report – Gilman said that the department demoed a new design of recycling truck this

week. He said that it has an auger-type system that grinds everything. The downfall to the truck is the end product

will not work for Waste Management’s vendor. He said that would work great for garbage; however, garbage

trucks are passed down to recycling, so this truck would be limited. He said the department is working on

patching and trying to stay on top of it. He said that the crew has been helping Parks with tree removal. Facility

repairs, such as tuck-pointing have been done.

c. Police Chief’s Report – Schauf said he included the monthly report in the packet. He also provided the Committee

with a copy of his Department’s goals. He said that the department is working hard on the truancy problem within

the schools. Kolb said that it looks like the department is putting an emphasis on curfew. Schauf said that his

focus this year in addition to truancy is letting kids know that the department cares about what they are doing.

Fire Chief’s Report – Stieve presented and explained the Time Response Report for January to the Committee. Stieve

said he met with the School District regarding the Fire Academy Class coming up. He met with junior and seniors that

are in the process of scheduling their classes for next year, which is who the Fire Academy Class would be opened up

to. He said this class would be 200-hour of instruction, and once they are finished they would be certified up to a

Firefighter II level. He said that there were 15 or 16 students in the room. He said some are looking for careers in fire

service, some looking to do other things. He said he explained the advantage of helping the Department out and then

potentially using those kids throughout the high school process in our Department, whether to answer calls and/or do

some maintenance stuff at the station. He said that there is a meeting with MATC, the School District, and the

Department on Wednesday. He said that he would have to measure the conflict of interest because he is a part-time

MATC instructor, but he will certainly do that in accordance with City Policy, but the classes would be held at the

Fire Station. Stieve said that the class is 5-college credits and if students wanted to continue in the two-year, the

credits would apply to that. Stieve said that the new engine and it is in the process of getting into service. He said that

part of the budget and Fire Op Study was updating the policies and procedures and then by December 1st take full

advantage of some cost savings when the fire-based policy system was implemented. He said that the Fire Op Study is

going slow, but continues to move along.

ADJOURNMENT – Kolb moved, Plautz seconded to adjourn at 1:55 p.m. Motion carried. Respectfully submitted, Phil Wedekind, Chairman

P:\Public Works\Agendas\2018\02-26-18 Background Memo.doc

MEMORANDUM City of Baraboo

Date: January 26, 2018

To: Public Safety Committee

From: Tom Pinion

Re: Background for February 26th meeting @ 1:00 pm – City Services Center

New Business:

Item A. In the process of making the annual updates to the City’s Official Traffic Map, the Engineering Dept. staff

discovered several handicap parking stalls signed in downtown Baraboo with no apparent record of formal approval

of their locations. This Ordinance is primarily a housekeeping matter so the record is consistent with the signage.

Item B. See the attached Item Summary included in the Packet.

Item C. The total estimated cost for the Biosolids Project at the WRRF is $3,232,449, as summarized on the

following page. This capital cost is shared proportionately between the City and our three contracted customers –

Devil’s Lake, Town of Baraboo Sanitary District #1, and the Village of West Baraboo, pursuant to our respective

Agreements with them. We met with our contracted customers in Sept. 2016 to notify them of the need for this

project and provided them with a cost estimate so they would have plenty of time to plan how they would provide

the required financing. Each of these contracted customers pay their entire financial share at the beginning of each

project and the City finances the balance of the project cost. Historically, the City has used a variety of sources to

fund their portion of capital projects including Revenue Bonds, State Trust Fund Loan, and the DNR’s Clean Water

Fund Loan program. After reviewing funding options for this project, the City decided to apply for a loan from the

Clean Water Fund program. Although the Village of West Baraboo had initially expressed interest in

“piggybacking” their share on the City’s CWF Loan application, they decided to pursue other options. Earlier this

year, we were notified by the DNR that that the CWF was awarding the City principal forgiveness on our loan in

the amount of $451,200. This is not a grant that reduces the total project cost, but rather a “credit” offered against

the City’s loan amount from the CWF. We recently received correspondence from the Village of West Baraboo

requesting that the City “share” this credit and apply it against the total project cost rather than only to the City’s

share. Although the City’s contracted customers were all eligible to apply for a loan from the CWF for their

respective shares, they have all secured separate financing. It is staff’s recommendation to apply the principal

forgiveness to the City’s share of the project costs.

For what it’s worth, this project results in a 4.3% decrease in sewer rates this year to our contracted customers since

the formula to calculate the rate is more dependent on operating costs than capital costs. Since we have devoted

more dollars to capital this year, the operating cost of the WRRF is less than what it might otherwise be. In

addition, although we could request each contracted customer’s full payment in advance of the project, we will bill

them once at the conclusion of the project. These measures help to “soften” the financial impact of the project to

these customers.

Item D. This is the standing agenda item to review and approve monthly utility billing adjustments. The

adjustments for January are included in the packet.

See you at the City Services Center on Monday!

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The City of Baraboo, Wisconsin

Background: In the process of making the annual updates to the City’s Official Traffic Map, theEngineering Dept. staff discovered several handicap parking stalls signed in downtown Baraboowith no apparent record of formal approval of their locations. This Ordinance is primarily ahousekeeping matter so the record is consistent with the signage.

The Public Safety Committee reviewed this matter at their February 26th meeting and votedunanimously to forward it to the Common Council with a favorable recommendation.

Fiscal Note: (check one) [x ] Not Required [ ] Budgeted Expenditure [ ] Not BudgetedComments:

An Ordinance revising §7.02(2)(b)2, the Official Traffic Map, to provide for designatedparking stalls to be used by persons with a disability that limits or impairs the ability to walk atseveral locations in downtown Baraboo.

THE COMMON COUNCIL OF THE CITY OF BARABOO, WISCONSIN, DOORDAIN AS FOLLOWS:

1. Rescind Ordinance No. 2336 to remove a parking stall marked for use by persons with adisability that limits or impairs the ability to walk at the first parking stall on the south side of 3rd

Avenue east of Broadway, together with the adjoining aisle on the west side of said stall.

2. Revise Section 7.02(2)(b)2, the Official Traffic Map, to provide that there shall be aparking stall marked for use by persons with a disability that limits or impairs the ability to walkat the following locations:

The first parking stall on the north side of 4th Street west of Ash Street, togetherwith an access isle east of said stall.

The first parking stall on the north side of 4th Avenue, west of the loading zonedirectly in front of the Al Ringling Theater, together with an access isle east ofsaid stall.

The first parking stall on the east side of Oak Street north of 3rd, together with anaccess isle south of said stall.

The first parking stall on the east side of Oak Street north of the alley between 3rd

&4th Streets together with an access isle south of said stall.

3. This Ordinance shall take effect upon passage and publication as provided by law.

Mayor’s Approval: ________________________

Clerk’s Certification: ________________________

I hereby certify that the foregoing Ordinance was duly passed by the Common Council ofthe City of Baraboo on the ____ day of March 2018, and is recorded on page ___ of volume ___.

City Clerk: ________________________

P:\Council\Ordinances\2-27-18 Parking Regulation in Downtown Baraboo1.docx

PUBLIC SAFETY COMMITTEE ITEM SUMMARY

February 26, 2018

ITEM: CONSIDER ADOPTING AN ORDINANCE THAT PROHIBITS SMOKING, VAPING AND THE USE OF TOBACCO PRODUCTS IN CITY BUILDINGS, WHICH INCLUDES BUILDINGS OWNED, LEASED, OPERATED AND/OR MAINTAINED BY THE CITY.

LEGISLATIVE HISTORY:

On February 23, 1993, the City of Baraboo’s Common Council passed Resolution No. 93-42, making all City owned buildings smoke free, and Resolution No. 93-41, making the Baraboo Civic Center smoke free. The City of Baraboo has also adopted as an ordinance the State Statute regarding prohibiting smoking in certain public places including City owned buildings.1

DISCUSSION:

The City of Baraboo and the State of Wisconsin prohibits smoking in City owned buildings.2 “Smoking” is defined as:

Burning or holding, or inhaling or exhaling smoke from, any of the following items containing tobacco:

1. A lighted cigar. 2. A lighted cigarette. 3. A lighted pipe. 4. Any other lighted smoking equipment.3

Currently excluded from ordinance and statutory regulation is the use of vaping devices that are not lit, the use of products such as chewing tobacco, snus and snuff, and smoking anything other than tobacco (such as herbal cigarettes). City ordinance and state statute also do not apply to buildings the City leases, operates and/or maintains, but does not own, such as the new City Administration Building. To clarify what is prohibited in City buildings, it is recommended that the Common Council pass an ordinance prohibiting smoking (with an expanded definition to include a prohibition on smoking non-tobacco products, such as herbal cigarettes), vaping, and the use of tobacco products such as chewing tobacco, snus and snuff in buildings the City owns, leases, operates and/or maintains.

ACTION:

Recommend/Not Recommend adopting an ordinance that prohibits smoking, vaping and the use of tobacco products in City buildings, which includes buildings that are owned, leased, operated and/or maintained by the City

1 § 9.101.123, City Code. 2 § 101.123(2)(a)8r, Wis. Stat. 3 § 101.123(1)(h), Wis. Stat.

PROPOSED ORDINANCE

9.21B – SMOKING, VAPING AND THE USE OF CHEWING TOBACCOO PROHIBITED IN CITY BUILDINGS. 1. Intent and Purpose. The Common Council of the City of Baraboo hereby finds that smoking, vaping and the use of chewing tobacco is hazardous to an individual's health and may affect the health of others. This ordinance is adopted for the purpose of protecting the public health, safety, comfort and general welfare of the people of the City of Baraboo and employees who work for the City of Baraboo. 2. Definitions. "Chewing tobacco" means any and all kinds and forms of tobacco prepared in such manner as to be suitable for chewing. "Cigarette" means any roll of tobacco, herb, or other substance that may be inhaled when lit, that is wrapped in paper or any other substance. "City buildings" means all City-owned buildings and buildings that are leased, operated, and/or maintained by the City. "Electronic delivery device" means any product containing or delivering nicotine or any other substance intended for human consumption that may be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. This includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor. "Entrance" means a doorway which gives direct access to a City building. “Smoke” means the act of smoking. "Smoking" means to smoke or carry a lighted pipe, cigar, cigarette or tobacco-related products in any form. Smoking also includes the use of an electronic delivery device which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device, whether or not said device contains tobacco or nicotine. “Vaping” means the use of an electronic delivery device. 3. Prohibition of smoking, vaping and using chewing tobacco in City buildings. It shall be unlawful for any person to smoke, vape, or use chewing tobacco in any City building, including in an entrance to a City building.

4. Penalty. The penalties provided by §101.123, Wis. Stat., shall be in addition to the penalties provided for violation of §9.28 of this Code when a person has violated both laws.

P U BL IC S A FET Y CO M M IT T EEIT EM S U M M A R YFebruary 26,2018

IT EM : CO N S IDER U P DA T ES T O CIT Y CO DES .10.05A ,CHR O N IC N U IS A N CEP R EM IS ES .

L EGIS L A T IVEHIS T O R Y:

S ection10.05A,ChronicN uisanceP rem ises,oftheBaraboo M unicipalCodew asadopted by theCom m onCouncilinJanuary of2014.

DIS CU S S IO N :

S ection10.05A oftheBarabooM unicipalCodew asadoptedin2014 duetothesignificantam ountofresourcestheP olice Departm entexpendsforactivitiesoccurringatthe sam eprem ises.M ostoftheseprem isesarerentalproperties,and itisdifficulttoforcecom pliancew iththeresidents,ortoengagethelandlordstocorrecttheongoingproblem s.T heCityisrequestingthatadditionalnuisanceactivitiesbeaddedtothecurrentlistofactivitiesintheCodethatcanrisetothelevelofbeingachronicnuisanceunders.10.05A.

A CT IO N :

R ecom m end/N ot R ecom m end U pdate to City O rdinance S ection 10.05A,Chronic N uisanceP rem ises,toincludeadditionalnuisanceactivitiestothelistofactivitiesthatcanbecom echronicnuisances.

Note: Motions may also be made to amend, to postpone to the next meeting, to postponeindefinitely, etc.

P R O P O S ED O R DIN A N CER EVIS IO N S T O S ECT IO N 10.05A

10.05A CHR O N IC N U IS AN CEP R EM IS ES…

(c) N uisanceActivity.Any ofthefollow ingactivities,behaviorsorconductoccurringuponaprem ises:1. AnactofHarassm ent,asdefinedin§947.013,W is.S tats.,or§9.947.013,

O rdinances.2. Disorderly Conduct,asdefinedin§947.01,W is.S tats.,or§9.947.01,

O rdinances.3. Battery,S ubstantialBattery,orAggravatedBattery,asdefinedin§940.19,W is.

S tats.4. L ew dandL asciviousBehavior,asdefinedin§944.20,W is.S tats.5. P rostitution,asdefinedin§944.30,W is.S tats.6. P ossession,M anufacture,orDelivery ofaControlledS ubstanceorrelated

offenses,asdefinedinCh.961,W is.S tats.7. O bstructingorresistinganofficer,asdefinedin§9.22,O rdinances.8. N oiseviolations,asdefinedin§9.06,O rdinances.9. W eaponsoffenses,asdefinedin§§9.02 and9.03,O rdinances.10. Anim alviolationsofany kind,asdefinedin§§9.09,9.10,and12.13,O rdinances.

11. Firew orks,asdefinedin§ 9.05,O rdinances.12. U nderagealcoholactivities,asdefinedin§12.02(15),O rdinances,or§12.02(1),

O rdinances,adopting§125.07(1)(a)3,W is.S tats.13. Any conspiracy tocom m it,asdefinedin§9.015(1),O rdinances,orattem ptto

com m it,asdefinedin§9.015(2),O rdinances,any ofthecrim inalactivities,behaviors,orconductenum eratedabove.

14. P ublicnuisancesoffendingm oralsanddecency,asregulatedby §10.04,O rdinances.

15. P ublicnuisancesoffendingpeaceandsafety,asregulatedby §10.05,O rdinances.

16. S olidw asteandrecyclableoffenses,asregulatedby §11.07,O rdinances.

(a) FirstO ffense.Anypersonw hoshallviolateanyprovisionofthischapteroranyregulation,rule,ororderm ade hereundershallforfeit and pay to the City not lessthan $100 norm orethan$500.00 1,000,togetherw iththecostsofprosecution.

(b) S ubsequentO ffenses.Any person w ho shallviolate any provisionofthischapteroranyregulation,rule,or order m ade hereunder w ithin tw enty four (24) m onthsaftercom m itting apreviousviolation shallforfeit and pay to the City not lessthan $200 norm orethan$1,000 500,togetherw iththecostsofprosecution.

P U BL IC S A FET Y CO M M IT T EEIT EM S U M M A R YFebruary 26,2018

IT EM : CO N S IDER U P DAT ES T O CIT Y O R DIN A N CE S ECT IO N 25.10,BO N D S CHEDU L E FO R O R DIN A N CEVIO L A T IO N S

L EGIS L A T IVEHIS T O R Y:

S ection25.10 oftheBarabooM unicipalCodehasbeenupdatedvarioustim essince1993.

DIS CU S S IO N :

W hen aperson isissued acitation foran ordinance violation,the officerw riting the citation isrequired to putabond am ounton the citation. T hebond am ountisthe am ountofm oney thatm ay be paid by the person w ho received thecitationin lieu ofappearingin court. Ifthere isnobondam ountlistedonthecitation,andthepersondoesnotcontestthecitation,theCircuitCourtw illnotrequirethepersontopay anything.

U nlessotherw ise specified in s.25.10 ofthe Code,the standard bond am ountforan ordinanceviolationis$60 (w hencourtcostsandotherfeesareadded,thisresultsinabondam ounttotaling$213.10). Bondam ountsaresetby theCom m onCouncil.

Itisrecom m endedthatthebondam ountsbeam endedforseveralviolations.T heseareviolationsw herethe penalty perthelanguage oftheordinanceorcorrespondingstatestatute isintendedtobeorrequiredtobeeitherm orethanorlessthanthestandardbondam ount.

A CT IO N :

R ecom m end/N ot R ecom m end changesto City O rdinance S ection 25.10,Bond S chedule forO rdinanceViolations.

Note: Motions may also be made to amend, to postpone to the next meeting, to postponeindefinitely, etc.

P R O P O S ED O R DIN A N CER EVIS IO N S T O S ECT IO N 25.10

25.10 BO N D S CHEDU L EFO R O R DIN A N CEVIO L A T IO N S .

...

(2)N O BO N D W HER ECO N T IN U IN G VIO L AT IO N CHAR GED.W heneveranordinanceviolationischargedas

acontinuing offense w ith each day constituting aseparate offense,no bond shallbe specified in the

charging com plaint.T hese ordinance violationsshallbe referred to the City attorney shallbe consulted

priorto forthe com m encem ent ofacivilforfeiture action asprovided by law and shalldeterm ine the

appropriatebondam ount.

(f)Chapter9 -O rderly ConductViolations:S tandardbondam ount,exceptasfollow s(Attorney N ote:

Juvenilesundertheageof14 arenottobeassessedcosts,pursuantto§938.37,W is.S tat.):

1. Anim alatlargeviolationsw hereanim alisadogorcatcontrary to§9.09 ofthisCode.

S eeBondunder§25.10(3)(i)4 ofthisCode.

2. Curfew violationscontrary to§9.16 Code:$10.00.

3. T obaccoproduct/cigaretteviolationsby personunder18contrary to§9.21(2)Code:

$10.00.

4. T obaccoproduct/cigaretteviolationsby adultcontrary to§9.21(5)Code:S tandardbond.

5. P ossession ofdrugparaphernaliaviolationsby person under18 contrary to §9.23 Code:

Firstviolation$ 25.00 S econdviolation$ 50.00 T hirdviolation$100.0

6. U nlaw fultrespassviolationscontrary to §9.25 Code:(2063 08/01/2001)Firstviolation–

standard bond am ountS econd violation w ithin 12 m onths-$150 T hird and subsequent

violationsw ithin12 m onths-$300

7. U nlaw fulKeepingorP ossessionofP rohibitedR eptiles,Insects,Crocodilians,S piders,W ild

Anim als,and O ther Creatures(S ee §9.10 Code) -$150.00 plusim poundm ent and

identificationcosts.(2079 07/23/02).

8. T ruancy Violation contrary to §9.16(A): $50.00 forfirst offense,$100 forsubsequent

offensescom m ittedw ithin12 m onthsofpreviousviolation.(Attorney N ote:Forfeitureis

subjectto§938.342(1d)(b),W is.S tat.)

9. HabitualT ruancy contrary to §9.16(B): $100 for first offense,$250 for subsequent

offensescom m ittedw ithin12 m onthsofpreviousviolation.(Attorney N ote:Forfeitureis

subjectto§938.342(1g)(h),W is.S tat.)

(g)Chapter10 -P ublicN uisances– Violations:S tandardbondam ount,exceptasfollow s:

1. ChronicN uisance P rem isesviolation contrary to §10.05(A):Firstviolation,asdefined by

§10.05(A)(8)(b) - $500.00; S ubsequent violations, as defined by §10.05(A)(8)(b)-

$1,000.00

(h)Chapter11 -HealthandS anitation-Violations:S tandardbondam ount,exceptasfollow s:

1. S olidw asteandrecyclablecollectionviolationcontrary to§11.07: Firstviolation-

$50.00;S econdviolationw ithinoneyear,asdefinedby §11.04(f)-$100.00;T hird

violationw ithinoneyear,asdefinedby §11.04(f)-$500.00.