[HISTORY: Adopted by the Town Board of the Town of Buchanan 8-17-2010 by Ord. No. 2010-03. Amendments noted where applicable.]
The title of this chapter is the "Town of Buchanan Citation Ordinance." The purpose of this chapter is to authorize the Town Board of the Town of Buchanan, or its designees, to issue citations for violations of Town of Buchanan ordinances, including ordinances with statutory counterparts.
The Town Board of the Town of Buchanan, Outagamie County, Wisconsin, has the specific authority under § 66.0113, Wis. Stats., to adopt this chapter.
The Town Board of the Town of Buchanan, by this chapter, adopted on proper notice with a quorum and by a roll call vote by a majority of the Town Board present and voting, provides the authority for the Town of Buchanan to issue citations for violations of Town of Buchanan ordinances, including ordinances with statutory counterparts.
Except as provided in Subsections D and E, the form for citations to be issued in the Town of Buchanan by the Town Board, or its designees, for violations of the Town of Buchanan ordinances shall include all of the following:
The name and address of the alleged violator.
The factual allegations describing the alleged violation.
The time and place of the alleged violation.
The number of the ordinance violated.
A designation of the offense in a manner that can be readily understood by a person making a reasonable effort to do so.
The time at which the alleged violator may appear in court.
A statement that in essence informs the alleged violator of all of the following:
That the alleged violator may make a cash deposit of a specified amount to be mailed to a specified official within a specified time.
That if the alleged violator makes a cash deposit, he or she need not appear in court unless subsequently summoned.
That 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.
That 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 Town of Buchanan may commence an action against the alleged violator to collect the forfeiture, plus costs, fees, and surcharges imposed under Ch. 814, Wis. Stats.
That 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.
A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement that accompanies the citation to indicate that he or she read the statement required under § 66.0113(1)(b)7, Wis. Stats., and shall send the original statement with the cash deposit.
Any other pertinent information.
The Town Board has adopted a schedule of cash deposits that are required for the various Town of Buchanan ordinance violations, which includes for each listed violation costs, fees, and surcharges imposed under Ch. 814, Wis. Stats.
The Town Board names the following court, clerk of court, or other official to whom cash deposits are to be made and requires that receipts shall be given for cash deposits: Outagamie County Clerk of Circuit Court.
The Town Board requires that in a traffic regulation violation, except for parking regulation violations, the uniform traffic citation specified in § 345.11, Wis. Stats., shall be used by the Town of Buchanan in lieu of the citation form described in Subsection A.
Town of Buchanan citations may be issued by the Town Board of the Town of Buchanan or the Town Board of the Town of Buchanan may designate certain Town of Buchanan, Outagamie County, or other municipal officials, with their written approval, to issue such citations.
Town of Buchanan citations, in addition, may specifically be issued by Outagamie County Deputy Sheriffs. These officials may also designate a person to issue such ordinance for the Town of Buchanan, and these officials may revoke this authority to issue anytime.
The Town of Buchanan Town Board has designated the Town Chair or any person approved by the Town Board to serve any citations for the Town of Buchanan upon issuance. Any person specifically authorized by the Town Board to issue citations by the Town Board of the Town of Buchanan may also serve such citations.
The adoption and authorization for use of a citation under this chapter does not preclude the Town Board of the Town of Buchanan from adopting any other ordinance or providing for the enforcement of any other law or ordinance or providing for the enforcement of any other law or ordinance relating to the same or any other matter.
The issuance of a citation under this chapter does not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other matter does not preclude the issuance of a citation under this chapter.