[HISTORY: Adopted by the Town Board of the
Town of Hudson 12-7-2021 by Ord. No. 2021-6.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 32,
Citations, adopted 4-28-1998, as amended.
Pursuant to § 66.0113, Wis. Stats., the Town Board
hereby elects to use the citation method of enforcement of Town ordinances
described herein, or in a separate ordinance, including those for
which a statutory counterpart exists.
The citation shall contain the following:
A.
The name and address of the alleged violator;
B.
The 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:
(1)
That a cash deposit based on the schedule established by this or
other Town ordinance may be made which shall be delivered or mailed
to the Town Treasurer prior to the time of the scheduled court appearance.
(2)
That if a deposit is made, no appearance in court is necessary unless
the defendant is subsequently summoned. Deposit payments are payable
to the Town of Hudson.
(3)
That 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 with applicable penalty assessment,
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.
(4)
That if no cash deposit is made and the alleged violator does not
appear in court at the time specified, the court may issue a summons
or warrant for the defendant's arrest or consider the nonappearance
to be a plea of no contest and enter judgment, or an action may be
commenced to collect the forfeiture.
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.
A statement that if the court finds that the violation involves an
offense that prohibits conduct prohibited by state statute punishable
by fine or imprisonment, or both, and that the violation resulted
in property damage or physical injury to a person other than the alleged
violator, the court may summon the defendant into court to determine
if restitution shall be ordered under § 800.093 (municipal
court), Wis. Stats.
J.
Such other information as the Town deems necessary.
A.
General penalty. Except as otherwise provided, any person who shall
violate any of the provisions of this Code shall, upon conviction
of such violation, be subject to a penalty, which shall be as follows:
(1)
First offense. Any person who shall violate any provision of this
Code shall, upon conviction thereof, forfeit not less than $25 nor
more than $500 together with a penalty assessment and the costs of
prosecution.
(2)
Second offense. Any person found guilty of violating any ordinance
or part of an ordinance of this Code who has previously been convicted
of a violation of the same ordinance within one year shall, upon conviction
thereof, forfeit not less than $50 nor more than $500 for each such
offense, together with a penalty assessment and the costs of prosecution.
B.
Continuing violations. Each violation and each day a violation continues
or occurs shall constitute a separate offense. Nothing in this Code
shall preclude the Town from maintaining any appropriate action to
prevent or remove a violation of any provision of this Code.
C.
Penalties. The following schedule is established for use with citations
issued under this chapter:
|
Ordinance Title
|
Offense
|
Penalty Costs
|
|---|---|---|
|
Adult Establishments (Zoning)
|
Violation
|
$100 to $500, plus current court costs
|
|
Animal Control Ordinance
|
Violation
|
$75 to $500, plus current court costs
|
|
Building (Construction) Code Ordinance
|
Violation
|
$25 to $500, plus current court costs
|
|
Buildings, Numbering of
|
Violation
|
$25, plus current court costs
|
|
Cable (Television) Ordinance
|
Violation
|
$50 to $500, plus current court costs
|
|
Dumping (Solid Waste) Ordinance
|
Violation
|
$75 to $500, plus current court costs
|
|
Fire (Burning, Outdoor) Ordinance
|
Violation
|
$250 to $500, plus current court costs
|
|
Garbage Collection (Solid Waste) Ordinance
|
Violation
|
$75 to $150, plus current court costs
|
|
Liquor (Intoxicating) License Ordinance
|
Violation
|
$100 to $10,000, plus current court costs
|
|
Mobile Homes Ordinance
|
Violation
|
$25 to $200, plus current court costs
|
|
Noise Control Ordinance
|
Violation
|
$25 to $250, plus current court costs
|
|
Occasional Events Ordinance
|
Violation
|
$25 to $250, plus current court costs
|
|
Parking (Vehicles and Traffic) Ordinance
|
Violation
|
$75 to $150, plus current court costs
|
|
Public Nuisances Ordinance
|
Violation (for each 30 days violation continues)
|
$100 for first offense, $200 for second offense, $300 for third
offense, $300 for subsequent offenses
|
|
Streets and Sidewalks Ordinance
|
Violation
|
$75 to $150, plus current court costs
|
|
Subdivision Ordinance
|
Violation
|
$100 to $1,000, plus current court costs
|
|
Travel Trailers Ordinance
|
Violation
|
$25 to $200, plus current court costs
|
|
Zoning Ordinance
|
Violation
|
$75 to $500, plus current court costs
|
D.
Schedule of cash deposits. (Cash deposit may be made in lieu of court
appearance and penalty.)
|
Ordinance Title
|
Offense
|
Schedule of Cash Deposits
|
|---|---|---|
|
Adult Establishments (Zoning)
|
Violation
|
$100
|
|
Animal Control Ordinance
|
Violation
|
(See below1)
|
|
Building (Construction) Code Ordinance
|
Violation
|
$75
|
|
Buildings, Numbering of
|
Violation
|
$25
|
|
Cable (Television) Ordinance
|
Violation
|
$50
|
|
Dumping (Solid Waste) Ordinance
|
Violation
|
$75
|
|
Fire (Burning, Outdoor) Ordinance
|
Violation
|
$200
|
|
Garbage Collection (Solid Waste) Ordinance
|
Violation
|
$75
|
|
Liquor (Intoxicating) License Ordinance
|
Violation
|
$50
|
|
Mobile Homes Ordinance
|
Violation
|
$25
|
|
Noise Control Ordinance
|
Violation
|
$25
|
|
Occasional Events Ordinance
|
Violation
|
$75
|
|
Parking (Vehicles and Traffic) Ordinance
|
Violation
|
$75
|
|
Public Nuisances Ordinance
|
Violation
|
$25
|
|
Streets and Sidewalks Ordinance
|
Violation
|
$75
|
|
Subdivision Ordinance
|
Violation
|
$100
|
|
Travel Trailers Ordinance
|
Violation
|
$25
|
|
Zoning Ordinance
|
Violation
|
$75
|
|
NOTES:
| |
|---|---|
|
1
|
Impoundment, redemption, restraint and barking dog forfeitures
(within a twelve-month period).
|
|
1.
|
Forfeiture for impoundment, first offense: $75, plus boarding
for any animal. Subsequent violations: $150, plus boarding for any
animal.
|
|
2.
|
Forfeiture for unlicensed dogs: $75 plus license cost. Additional
charge for each 30 days a dog is unlicensed: $75.
|
|
3.
|
Forfeiture for restraint violation, first offense: $75. Subsequent
violations: $150.
|
|
4.
|
Forfeiture for barking dog violation, first offense: $75. Second
offense: $75. Subsequent violations: $150
|
Cash deposits (forfeitures) shall be paid in cash, money
order, certified check or personal check to the Hudson Town Treasurer
who shall provide a receipt therefor.
The following officials may issue citations with respect to
those specified ordinances which are directly related to their official
responsibilities.
|
Ordinance Title
|
Enforcement Official
|
|---|---|
|
Adult Establishments (Zoning)
|
Town Chairman or Building Inspector/Zoning Administrator
|
|
Animal Control Ordinance
|
Animal Control/Animal Humane Officer or any Sheriff's Department
Officer
|
|
Building (Construction) Code Ordinance
|
Building Inspector/Zoning Administrator
|
|
Buildings, Numbering of
|
Building Inspector/Zoning Administrator or Town Board
|
|
Cable (Television) Ordinance
|
Town Board
|
|
Dumping (Solid Waste) Ordinance
|
Town Board or Building Inspector/Zoning Administrator
|
|
Fire (Burning, Outdoor) Ordinance
|
Town Board or any County Sheriff's Department officer
|
|
Garbage Collection (Solid Waste) Ordinance
|
Town Board or any County Sheriff's Department officer
|
|
Liquor (Intoxicating) License Ordinance
|
Town Board
|
|
Mobile Homes Ordinance
|
Town Board
|
|
Noise Control Ordinance
|
Town Board or any County Sheriff's Department officer
|
|
Occasional Events Ordinance
|
Town Board
|
|
Parking (Vehicles and Traffic) Ordinance
|
Town Board or any County Sheriff's Department officer
|
|
Public Nuisances Ordinance
|
Town Board or any County Sheriff's Department officer
|
|
Streets and Sidewalks Ordinance
|
Town Board or Building Inspector/Zoning Administrator
|
|
Subdivision Ordinance
|
Town Board or Building Inspector/Zoning Administrator
|
|
Travel Trailers Ordinance
|
Town Board or Building Inspector/Zoning Administrator
|
|
Zoning Ordinance
|
Town Board, Building Inspector/Zoning Administrator or Animal
Control/Animal Humane Officer
|
Section 66.0113(3), Wis. Stats., relating to violator's
options and procedures on default is hereby adopted and incorporated
by reference.
A.
Other ordinance. Adoption of this chapter does not preclude the Town
Board 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 Town Board or any authorized officer from proceedings under any
other ordinance or law or by any other enforcement method to enforce
any ordinance, regulation or order. Unless otherwise specified in
a specific chapter, each day that a violation shall continue will
constitute a separate offense.
