(A) Whoever violates any provision of §§ 72.19 through 72.27 shall be punished by a fine of $10 for the first offense, $20 for the second offense, and $30 for each subsequent offense; or in the event of a violation by a juvenile under 16 years of age, by impounding of the person's bicycle for a period not to exceed 30 days, or by any combination thereof.
(B) Whoever violates § 72.28 shall be fined as provided in division (A) above.
(C) Violation of § 72.29 (obstruction of riverfront walkway).
The first violation in any calendar year shall be subject to the general penalty provision for this Code in accordance with the provisions of PMC § 10.99. All second and subsequent violations in a calendar year are subject to abatement procedures and the maximum penalties provided in PMC § 10.99. Each event shall constitute a separate offense. Each violator may have their vehicle confiscated and impounded until such time as the fines assessed above are paid in full together with all storage fees and towing costs for which the owner and/or operator shall be jointly responsible.
(D) Violation of § 72.41.
(1) A police officer having probable cause to believe a person has violated § 72.41 above may immediately confiscate the motorized vehicle or pocket bike and remove it to a garage or other place of safety as designated by the Police Department. Whenever an officer removes a motorized vehicle or pocket bike as authorized under this section, he shall enter such fact on the records of the Police Department maintained for such purpose, and the records shall be kept to show the type of vehicle, name of the registered owner, license number, and the name and address of the operator of the vehicle at the time it became impounded, if that information is available to the officer. Thereafter, on the request of the owner of any such vehicle for its return, the Police Department shall issue its order directing the owner of the garage to which the vehicle has been removed to return the vehicle to its owner or his agents or representatives on payment of the charges incurred as a result of the vehicle being towed to a place of safety.
(2) For purposes of this division (D), the Common Council hereby finds that there is a compelling governmental interest in imposing the following discretionary penalty section for minor children, in order to encourage parental intervention and responsibility for the violations of the minor children. The city further finds that impoundment is more likely to prevent repeat offenses by minors than the imposition of monetary penalties. In lieu of the penalty described in division (D)(1), any police officer may, in his or her discretion, utilize the following penalty provision for violations by minor children:
(a) First offense: On the child's first offense in a 365-day period, the city shall issue a written warning and notification to the child's parent or guardian of the violation.
(b) Second offense: On the child's second offense in a 365-day period, the city shall issue a written notice of violation and the investigating officer may take custody of the motorized vehicle or pocket bike and hold for safekeeping for 60 days or until the child's parent or guardian claims the motorized vehicle or pocket bike. The child's parent or guardian shall be responsible for any charges incurred by the city for impounding the motorized vehicle or pocket bike, including but not limited to towing and storage.
(c) Third and subsequent offense(s): On the child's third offense in a 365-day period, the city shall include a civil fine, not to exceed $100. The arresting officer may take custody of the motorized vehicle or pocket bike and hold it for safekeeping for 60 days. An officer or his or her superior may waive the imposed civil fine and/or impoundment if the parent and child agree to attendance and completion of a motorized vehicle safety course by the child.
(Ord. 41-1949, passed 1949; Am. Ord. 12-1984, passed 4-2-84; Am. Ord. 5-1998, passed 1-5-98; Am. Ord. 27-2006, passed 10-2-06; Am. Ord. 20, 2008, passed 11-3-08; Am. Ord. 8, 2018, passed 3-5-18)
Cross-reference:
Ordinance Violations Bureau; schedule of civil penalties, see Chapter 36