[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.
A.
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:
(1)
The name and address of the alleged violator.
(2)
The factual allegations describing the alleged violation.
(3)
The time and place of the alleged violation.
(4)
The number of the ordinance violated.
(5)
A designation of the offense in a manner that can be readily understood
by a person making a reasonable effort to do so.
(6)
The time at which the alleged violator may appear in court.
(7)
A statement that in essence informs the alleged violator of all of
the following:
(a)
That the alleged violator may make a cash deposit of a specified
amount to be mailed to a specified official within a specified time.
(b)
That if the alleged violator makes a cash deposit, he or she
need not appear in court unless subsequently summoned.
(c)
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.
(d)
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.
(e)
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.
(8)
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.
(9)
Any other pertinent information.
B.
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.
C.
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.
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.
B.
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.
C.
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.
A.
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.
B.
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.
