[HISTORY: Adopted by the Village Board of the Village of
Kimberly 10-3-1988 as Title 1, Ch. 2, of the 1988 Code. Amendments
noted where applicable.]
Pursuant to the authority granted by § 66.0113, Wis.
Stats., the use of a citation to be issued for violations of ordinances
other than those for which a statutory counterpart exists is hereby
authorized.
[Amended 12-9-2019 by Ord. No. 10-2019; 11-30-2020 by Ord. No. 12-2020]
Citations authorized in § 22-1 above may be issued by sworn law enforcement officers and nonsworn, Community Service Officers (CSO) of the Village and by the following designated Village officials with respect to sections of the Code which are directly related to the official's area of responsibility. The officials granted authority to issue citations under this section may delegate the authority to other Village employees within the designated official's department with the approval of the Village Board.
A.
Building Inspector or designee as authorized by the Village Administrator.
B.
Fire Inspector or designee as authorized by the Village Administrator.
C.
Health Officer or designee as authorized by the Village Administrator.
D.
Village Administrator or Village President.
E.
The Village official or department head who is directly responsible
for the administration of the Code section for which the citations
are issued, or designee as authorized by the Village Administrator.
The form of the citation to be issued by Village police officers
or other designated Village officials is incorporated herein by reference
and shall provide for the following information:
A.
The name and address of the alleged violator.
[Amended 3-5-2012 by Ord.
No. 3-2012]
B.
The factual allegations describing the alleged violation.
C.
The time and place of the offense.
[Amended 3-5-2012 by Ord.
No. 3-2012]
D.
The section of the ordinance violated.
E.
A designation of the offense in such manner as can be readily 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 the alleged violator may make a cash deposit of a specified
amount to be mailed to a specified official within a specified time.
(2)
That, if the alleged violator makes such a deposit, he need not appear
in Court unless subsequently summoned.
(3)
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, fee, 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.[1]
(4)
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 municipality may commence an action against the
alleged violator to collect the forfeiture, plus costs, fees, and
surcharges imposed under Ch. 814, Wis. Stats.[2]
(5)
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.[3]
H.
A direction that, if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he read the statement required under Subsection G and shall send the signed statement with the cash deposit.
I.
Such other information as may be deemed necessary.
Deposits shall be made in cash, money order, personal check
or certified check to the Clerk of Municipal Court. Receipts shall
be given for all deposits received.
Section 66.0113(3), Wis. Stats., relating to a violator's options
and procedure on default, is hereby adopted and incorporated herein
by reference.
A.
Adoption of this chapter does not preclude the Village Board from
adopting any other ordinance providing for the enforcement of any
other law or ordinance relating to the same or other matters.
B.
The issuance of a citation hereunder shall not preclude the Village
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.
The cash deposits for the various ordinances for which a citation
may be issued are as established on the deposit schedule adopted by
the Village Board, a copy of which is on file with the Village Administrator.
In addition to the deposit amount listed, the deposit shall include
the costs, fees and surcharges imposed under Ch. 814, Wis. Stats.
