Chapter 9.04


9.04.010    General offenses.

9.04.010 General offenses.

A.    Pursuant to Section 66.0107, Wisconsin Statutes, the following chapters, sections, and subsections of the Wisconsin Statutes, as they may be amended from time to time, describing, defining, and prohibiting conduct, are hereby adopted by reference and made a part of this section as if fully set forth herein:

Chapters 941 through 948;

Section 961.41(3g)(e) through (em);

Section 961.573(1) and (2);

Section 961.574(1) and (2);

Section 961.575(1) and (2);

Section 167.32;

Section 254.92.

1.    Marijuana Offenses. Subject to the exceptions set forth in Section 961.41(3g)(intro.), Wisconsin Statutes, and pursuant to the authority of Section 66.0107(1)(bm), Wisconsin Statutes, an officer may issue a citation for possession of marijuana. A police officer may also issue a citation for possession of more than twenty-five (25) grams of marijuana or possession of any amount of marijuana following a conviction in this state for possession of marijuana; provided, that the district attorney dismissed charges for the same conduct or declined to prosecute the case.

2.    Other Controlled Substance Offenses. Pursuant to the authority in Section 66.0107(1)(bn), Wisconsin Statutes, a police officer may issue a citation for possession of a controlled substance specified in Section 961.14(tb); provided, that a person previously convicted of possessing such controlled substances in this state may not be prosecuted under this provision for the same conduct unless the district attorney dismisses the charges or declines to prosecute.

3.    Penalties. Every person, firm or corporation convicted of a violation of this section shall, for each offense, be punished by a forfeiture not to exceed the fine or forfeiture imposed for violations of the comparable state statute, including any variations or increases for subsequent offenses; provided, however, that prosecution under this code may not provide for the imposition of a fine or of imprisonment, except for failure to pay any forfeiture imposed. In addition to such forfeiture, the costs of prosecution shall be imposed along with any penalties, surcharges, and assessments; and, in default of payment of said forfeiture and costs, punishment shall be suspension of the defendant’s operating privilege, pursuant to Sections 343.30, 345.47, and 800.095(1)(a), Wisconsin Statutes, or by imprisonment in the Waukesha County Jail until payment of the forfeiture and costs, but not in excess of the number of days, pursuant to Section 800.095(1)(b), Wisconsin Statutes. Each and every day during which a violation continues constitutes a separate offense.

B.    Definitions. For the purpose of this section, the definitions of words and phrases contained in Chapters 939 to 948 and 961, Wisconsin Statutes, and Section 990.01, Wisconsin Statutes, as the same may be from time to time amended, are hereby adopted and by reference made a part hereof with the same force and effect as if fully set forth herein.

C.    Interpretation. In the chapters, sections, and subsections listed in subsection (A) of this section:

1.    Whenever the word “crime” is used, it shall be taken to mean “offense.”

2.    Whenever the phrase “criminal intent” is used, it shall be taken to mean “intent.”

3.    Whenever the term “court” is used, it shall be taken to mean the Brookfield municipal court.

4.    Whenever the phrase “district attorney” is used, it shall mean “city attorney.”

D.    Conspiracy. Whoever, with intent that an offense under this section be committed, agrees or combines with another for the purpose of committing that offense, shall, if one or more of the parties to the conspiracy does an act to effect its object, forfeit an amount not to exceed the maximum provided for the completed offense.

E.    Attempt.

1.    Whoever attempts to commit an offense under this section shall forfeit an amount not to exceed one-half the maximum penalty for the completed offense.

2.    An attempt to commit an offense requires that the actor have an intent to perform acts and attain a result which, if accomplished, would constitute such offense and that s/he does acts toward the commission of the offense which demonstrates, under all the circumstances, that s/he formed that intent and would commit the offense, except for the intervention of another person or some other extraneous factor.

F.    Gambling Devices. Any police officer may seize anything devised solely for gambling or found in actual use for gambling and any police officer may destroy or cause the destruction of any such things after a judicial determination that it was used solely for gambling or found in actual use for gambling.

G.    Parties to an Offense.

1.    Whoever is concerned in the commission of an offense under this section as a principal may be charged with and convicted of the commission of the offense, even if s/he did not directly commit it, and even if the person who directly committed it has not been convicted or has been convicted of some other degree of the offense or of some other offense based on the same act.

2.    A person is concerned in the commission of the offense if s/he: directly commits the offense; intentionally aids or abets the commission of it; or is a party to a conspiracy with another to commit it or advises, hires, counsels or otherwise procures another to commit it. Such a party is also concerned in the commission of any other offense under this section, which is committed in pursuance of the intended offense under this section and which, under the circumstances, is a natural and probable consequence of the intended offense. This subsection (G)(2) does not apply to a person who voluntarily changes his/her mind and no longer desires that the offense be committed and notifies the other parties concerned of his/her withdrawal within a reasonable time before the commission of the offense so as to allow the others to withdraw. (Ord. 2552-19 § 1, 2019)