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Committee approves higher penalty ranges in municipal code after debate; vote 3–1
Summary
The committee voted 3–1 to recommend amending municipal code sections 11.01 and 25.05 to expand allowable forfeiture ranges (first offense up to $2,500; subsequent up to $5,000). Supporters said the ranges provide deterrence and align with neighboring communities; one member opposed, warning of disproportionate impacts.
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The Waukesha City Ordinance and Licensing Committee voted 3–1 on June 9 to recommend amendments to municipal code sections 11.01 and 25.05 that expand the permissible forfeiture ranges for ordinance violations.
Assistant City Attorney Michael Radovich told the committee the proposals "request to expand the range for the forfeitures that can be charged for different kinds of ordinance violations" and emphasized the revisions are intended to update the code, which has not been overhauled since 2005. He said the change is largely housekeeping to keep pace with neighboring communities.
Several committee members questioned the proposed figures. One member warned the increases could "potentially bankrupt people that are on the edge" and argued that raising a first-offense maximum to $2,500 and subsequent maximums to $5,000 felt "over the top." Radovich responded that the general provision only sets a range where specific sections do not already set a forfeiture and that actual penalties are determined by a municipal judge's bond schedule. A representative from the City Attorney's Office said the purpose is deterrence and noted most bond amounts on the forthcoming schedule are modest; he cited common bond amounts "between $124 and $313" for minor infractions.
After debate, Ald. Helvinslaven moved to approve the amendments and Ald. Manion seconded. The motion passed 3–1, with Ald. Van Trieste recorded as voting no. The committee will forward the recommended changes to the common council for approval and the city attorney's office expects the municipal judge's bond schedule to reflect practical penalty amounts for low-level offenses.
The amendments specifically referenced municipal code sections 11.01 (penalty chart) and 25.05 (general forfeiture provision) and seek to expand the enumerated ranges rather than automatically impose maximum amounts.
