The City of Oconto Falls hereby elects to use the citation method of
enforcement of ordinances. All City law enforcement officers and other City
personnel charged with the responsibility of enforcing the provisions of the
Code are hereby authorized to issue citations for violations of this Code,
including ordinances for which a statutory counterpart exists.
Sections 66.0109, 66.0111, 66.0113, 66.0114 and 66.0115, Wis. Stats.,
as amended from time to time, are hereby adopted and incorporated within the
Code of the City of Oconto Falls, Wisconsin.
The citation shall contain the following:
A. The name and address of the 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 Municipal
Court prior to the time of the scheduled court appearance.
(2) If a deposit is made, no appearance in court is necessary
unless he is subsequently summoned.
(3) If the alleged violator makes a cash deposit and does
not appear in court, he or she either will be deemed to have tendered 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 will be summoned into court to answer the complaint if the court does not
accept the plea of no contest.
(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 City may commence an action against the alleged violator
to collect the forfeiture, plus costs, fees, and surcharges imposed under
Ch. 814, Wis. Stats.
(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 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.
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.
The form of the citation to be used by the City of Oconto Falls is on
file in the City Administrator - Clerk/Treasurer's office and is adopted by
reference as though fully set forth herein.