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PUBLIC SAFETY MEETING Packet - 12/12/2013 CITY OF MUSKEGO PUBLIC SAFETY COMMITTEE AGENDA December 12, 2013 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF MINUTES November 14, 2013 Meeting PUBLIC APPEARANCE UPDATES FROM POLICE DEPARTMENT UPDATES FROM FIRE DEPARTMENT NEW BUSINESS 1. Muskego Ordinance Violation Fine Amounts 2. NO PARKING sign removal on Elm Street COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW 1. Next Meeting January 9, 2014 2. Miscellaneous Business ADJOURNMENT NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, MUSKEGO CITY HALL, (262) 679-4100. MUSKEGO POLICE DEPARTMENT MEMORANDUM TO: Chief Moser FROM: Lt. Rozeski DATE: 12-04-13 RE: Muskego Ordinance Violation Fine Amounts An observation was made that some of the Muskego Municipal Fine/Forfeiture amounts may be low considering the violation of the offense. A fine amount given to a person who has violated an ordinance in Muskego has a couple purposes. First, it is a punishment for violating an ordinance and secondly it is hopefully a deterrent so an offender does not repeat the ordinance violations. While dealing with people that are arrested, we have realized that the fine amounts just don’t equal the severity of the ordinance violation. The forfeiture amount for possession of a controlled substance has been made fun of by the suspects, at which time they have made comments that the amount of marijuana they had taken away was worth more than what the fine amount was, and that the ticket is no big deal. What a suspect says while in custody needs to be taken with a grain of salt but it has been said by several suspects and I believe it shows that the fine amount is not enough to deter people from violating the ordinance again. Comparisons were compiled from four other jurisdictions in Waukesha County, which included City of New Berlin, City of Brookfield, Town of Brookfield and Menomonee Falls. These comparisons were used to help guide us while determining what the appropriate fine/forfeiture amounts should possibly be. The violation fine amounts that were questionable and compared were Battery, Damage to Property, Disorderly Conduct, Drug Paraphernalia, Obstructing, Possession of a Controlled Substance, Trespass, Underage Alcohol and Retail Theft. Of the violations listed, Trespass was only violation in Muskego that was above the average fine amount compared to the other departments. The rest of the violations listed were less than other departments and some of the amounts were considerably less. Below are the listed violations, the old forfeiture amount, the average of the other departments and what I recommend the new forfeitures be. The new forfeiture amounts are different from the average due to the average not necessarily fitting into the current municipal bond schedule. I took the average amount and looked at the closest deposit amount to the nearest hundredth. That is how I came up with the new forfeiture amounts. Violation Old Forfeiture Average Forfeiture New Forfeiture Battery $460.50 $628.00 $681.00 CDTP $460.50 $607.00 $681.00 DC $334.50 $456.00 $555.00 PODP $240.00 $557.00 $555.00 Obstructing $460.50 $698.00 $681.00 POCS $240.00 $864.00 $807.00 Trespass $334.50 $201.57 Leave UAD (14-17) $88.80 $97.20 $101.40 UAD (18-20) $177.00 $219.00 $208.50 Retail theft was more difficult to compare because the departments used different criteria to determine the fine amount. Some departments broke it down between the number of offenses (1st and 2nd) and some broke it down between the dollar amounts stolen (Under $200, $200- $500). Muskego has it broken down both ways and has more tiers of fines because there are three different fine amounts for items stolen under $100. The tiers are: Under $25, $25-$50, $50-$100 and Greater than $100. Muskego also has a different fine amount for a second offense. The Wisconsin State Statute for retail theft has changed over the years and it is now a felony to steal more than $500.00 of merchandise. With the dollar amount being less for retail theft to be considered a felony and the majority of our retail theft complaints coming from larger stores with a higher dollar amount of items being stolen, I recommend that Muskego simplifies the tiers and changes the retail theft fine amounts by compressing the tiers of the dollar amount stolen. I recommend there be a fine amount for items stolen under $100.00 and a fine amount for items over $100.00. Generally anything over $500.00 will be forwarded to the Waukesha County District Attorney’s Office. I also recommend there continue to be a fine amount for a second or greater offense. The average for the under $100.00 tier was $402.00, so I recommend the new forfeiture be set at $429.00. The average for the next tier was $527.50, so I recommend that any stolen dollar amount greater than $100.00 have a forfeiture amount of $555.00. I also recommend the second offense or greater forfeiture amount be $555.00. All of the comparisons from different municipalities were based off of forfeiture amounts, which included the court costs. The actual fine amounts recommended for the violations, which do not include the court costs, are listed below. Violation New Fine Battery $500 CDTP $500 DC $400 PODP $400 Obstructing $500 POCS $600 Trespass No Change UAD (14-17) $40 UAD (18-20) $125 Retail Theft Under $100.00 $300 Retail Theft Greater than $100.00 $400 Retail Theft Second or Greater $400 The municipal ordinances listed above are actually some of the most common violations that the City of Muskego Police Department deals with. I believe the new fine amounts listed above will help deter future ordinance violations in Muskego and they are a more appropriate punishment for the violation which occurred. Respectfully, Lt. Jim Rozeski