Committee updates municipal deposit and forfeiture schedule; judge retains latitude on fines

The Finance Committee on July 22 approved a revision to the municipal ordinance deposit and forfeiture schedule so citation fines align with recently adopted ordinances and enforcement practices.

Jeff, the city prosecutor, explained the process: after the council adopts an ordinance, the municipal judge assigns the specific fines for citations in a fines schedule that must be approved by counsel. “The judge has latitude,” Jeff said. “Our ordinance says usually anywhere from $5 fine to 5,000.” Jeff told the committee that the judge and prosecution review similar ordinances in other cities when selecting appropriate fine amounts.

Committee members asked whether particular surcharges are controlled locally. Staff said certain surcharges — examples given included a “Safe Ride” charge that funds a program — are set outside the city and are distributed among state, county and other entities. Jeff explained that when a $1,000 fine is assessed, only a portion is retained by the city after surcharges and distributions: “So if some goes to the county, some goes to the state, and some goes to us…we get, like, $2.50 of that and the rest all gets so that's just a surcharge. And it went up from 50 to 75.”

A committee member who described the Safe Ride program said it is supported by the Wisconsin Tavern League and provides taxi rides from bars for patrons who have been over-served; the program is administered through a different organization and funded by a surcharge.

The committee approved the revised deposit and forfeiture schedule by voice vote. Staff said the municipal judge will continue to set specific fines within ordinance-authorized ranges and that some surcharge amounts are controlled at the state or other levels, not by the city.