City of Lodi, WI Chapter 23 Citations

[HISTORY: Adopted by the Common Council of the City of Lodi as § 1.10 of the City Code. Amendments noted where applicable.]

§ 23-1 Authorization.

Pursuant to § 66.0113, Wis. Stats., the City of Lodi hereby adopts and authorizes the use of a citation to be issued for violations of ordinances, including those ordinances for which a statutory counterpart exists.

§ 23-2 Contents of citation.

The citation shall contain the following:

A. The name and address of alleged violator.

B. Factual allegations describing the alleged violation.

C. The time and place of the offense.

D. The section of the ordinance violated.

E. A designation of the offense in such manner as can readily be understood by a person making a reasonable effort to do so.

F. The time at which the alleged violator may appear in court.

G. A statement which in essence informs the alleged violator that:

(1) A cash deposit based on the schedule established by this chapter may be made which shall be delivered or mailed to the Clerk of the Municipal Court or, if the action is to be in Circuit Court, the Clerk of the Circuit Court, prior to the time of the scheduled court appearance.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) If a deposit is made, no appearance in court is necessary unless he is subsequently summoned.

(3) If a cash deposit is made and the alleged violator does not appear in court, he will be deemed to have entered a plea of no contest and submitted to a forfeiture, plus costs, fees and surcharges imposed under Ch. 814, Wis. Stats., not to exceed the amount of the deposit, or, if the court does not accept the plea of no contest, a summons will be issued commanding him to appear in court to answer the complaint.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(4) If the alleged violator does not make a cash deposit and does not appear in court at the time specified, the court may issue a summons or a warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment under § 66.0113(3)(d), Wis. Stats., or the municipality may commence an action against the alleged violator to collect the forfeiture, plus costs, fees, and surcharges imposed under Ch. 814, Wis. Stats.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(5) If the court finds that the violation involves an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and that the violation resulted in loss or damage to the property of or physical injury to a person other than the alleged violator, the court may summon the alleged violator into court to determine if restitution shall be ordered under § 800.093, Wis. Stats.

[Amended 10-10-2006 by Ord. No. A-361; 5-19-2020 by Ord. No. A-547]

H. A direction that if the alleged violator elects to make a cash deposit, the statement which accompanies the citation shall be signed to indicate that the statement required under Subsection G above has been read. Such statement shall be sent or brought with the cash deposit.

I. Such other information as the City deems necessary.[4]

[4] Editor's Note: Original § 1.10(a)(2), which immediately followed this section and dealt with the form of the citation, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 23-3 Contents of citation for action in Municipal Court. [1]

If the action is to be in Municipal Court, the citation under § 800.02(2), Wis. Stats., shall be used.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 23-4 Schedule of deposits.

The schedule of deposits is included at the end of this chapter.

§ 23-5 Issuance of citation.

A. Law enforcement officer. Any law enforcement officer may issue citations authorized under this chapter.

B. Other City officials. Without limiting the authority of law enforcement officers to issue citations for any violations of any City of Lodi ordinance, the following City officials are also authorized to issue citations with respect to those specified ordinances which are directly related to their official responsibilities:[1]

(1) Building Inspector or Zoning Administrator: offenses under Chapters 83, 94, 127, 134, 167, 184, 225, 234, 241, 248, 272, 278, 289, 295, 300, 307, 319, 332 and 340.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 23-6 Violator's options and procedure on default.

Section 66.0113(3), Wis. Stats., relating to a violator's options and procedure on default, is hereby adopted and incorporated herein by reference.

§ 23-7 Nonexclusivity.

A. Other ordinance. Adoption of this chapter does not preclude the Council from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter.

B. Other remedies. The issuance of a citation hereunder shall not preclude the City or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.

§ 23-8 Adoption of uniform citation.

The City of Lodi hereby adopts and authorizes the use of the Wisconsin Uniform Citation Form for Underage Alcohol Offenses, Harassment or Sporting Event Safety Violations (common known as the "Supreme Court form") to be issued for violations of Chapter 204 of this Code (adopting Ch. 125, Wis. Stats.) and violations of § 253-7 of this Code (harassment).