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Village of Fremont, WI
Waupaca County
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Table of Contents
Table of Contents
Code
New Laws (13) Index
[HISTORY: Adopted by the Village Board of the Village of Fremont 5-27-1986 by Ord. No. 86-1 as Sec. 9.22 of the 1986 Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Penalties — See Ch. 1, Art. I.
[Amended by Ord. No. 89-3]
Pursuant to § 66.0113, Wis. Stats., the Village hereby elects to use the citation method of enforcement of ordinances, including those for which a statutory counterpart exists.
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 or the municipal code 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, as follows:
(1) 
A cash deposit of a specified amount may be made which shall be delivered or mailed to the Clerk of Courts prior to the time of the scheduled court appearance.
(2) 
If such a deposit is made, the alleged violator need not appear in court unless he is subsequently summoned.
(3) 
If a cash deposit is made and the alleged violator does not appear in court, he 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, if the court does not accept the plea of no contest, a summons shall be issued demanding him to appear in court to answer the complaint.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
If no cash deposit is made and the alleged violator does not appear in court at the time specified, an action may be commenced to collect the forfeiture, plus costs, fees and surcharges imposed under Ch. 814, Wis. Stats.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 Village Board deems necessary.
A. 
Each citation issued under this chapter, except those to which Subsection D below applies, shall specify a cash deposit as set forth in the Uniform Deposit and Misdemeanor Bail Schedule of the Wisconsin Judicial Conference or, where applicable, the Village Deposit Schedule, which is hereby adopted by reference, which consists of the appropriate forfeiture, the current penalty assessment and court costs.
B. 
Deposits shall be made in cash, money order or check to the County Clerk of Courts, who shall provide a receipt therefor.
C. 
The penalty assessment imposed shall include the costs, fees and surcharges imposed under Ch. 814, Wis. Stats., and shall be added to all forfeitures hereunder, except where said forfeitures are derived from citations issued for violations of ordinances for which state law controls or for ordinances involving nonmoving traffic violations. Said assessments shall be in an amount determined after deducting the court costs.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
The deposit, including costs, pertaining to any minor receiving a citation under this section shall in no event exceed the maximum penalties provided in Ch. 48, Wis. Stats., plus the costs, fees and surcharges imposed under Ch. 814, Wis. Stats., except that costs and penalties shall not be assessed against minors unless Wisconsin law so provides.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Every police officer issuing a citation for any violation of this Code shall indicate on the citation the amount of the deposit, as provided in § 30-3 above, that the alleged violator may make in lieu of court appearance.
Any law enforcement officer may issue citations authorized under this chapter.
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. 
Other ordinances. Adoption of this chapter does not preclude the Village 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 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.