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Monday, June 17, 2019

TEETH OR TOOTHLESS ?






Following is the gist of a public comment I made at the June Town Board meeting:


At the last (May) Board meeting, the Board considered changing the penalty for violating the Ordinances from a misdemeanor to a petty misdemeanor. A misdemeanor carries a penalty of up to $1,000 and up to 90 days in jail. A petty misdemeanor carries a penalty of up to $300. This topic is on the Board’s agenda tonight.

With a misdemeanor, the Township has more “teeth” to its Ordinances. How does that work? If the ordinance is violated, the Township has the option of pursuing x number of days in jail, to be suspended if the violator corrects the transgression. With a petty misdemeanor, it isn’t a stretch to envision a violator happily paying the smaller fine and continuing as established.

How does changing to a petty misdemeanor benefit the Township or ensure that the Ordinances are meaningful? It doesn’t.

The Ordinances would be reduced to the “guidelines" a certain Commission/Town Board member of the past asserted publicly that he considered our laws to be. He was quickly corrected then by another Commissioner. Please do not let his mistake and blatant lack of comprehension become prophetic!

Cities and townships are given the authority to impose sanctions. The “misdemeanor” standard is what is commonly used-and for good reason. Cities and townships often have a “payables” list which itemizes fines for certain offenses, such as $xxx for a parking violation. This expedites law enforcement’s job and I believe addresses the issue reported by Butch Hansen allegedly commented on by the Sheriff. (No deputy in attendance at ANY Town Board meeting has ever made this statement!)
Please consider this carefully and do not act hastily. We have enough difficulty with enforcing our Ordinances as it is.

The Board is still considering this option. Its first response was, in my opinion, a knee-jerk reaction. I suggested that perhaps, at most, some violations could be petty misdemeanors, but others (most) misdemeanors. They have since slowed down to consider this more fully and have enlisted legal advice.



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