[HISTORY: Adopted by the Village Board of the Village of
Blanchardville as Sec. 9.23 of the 2003 Municipal Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 72.
Pursuant to § 66.0113, Wis. Stats., the Village hereby
elects to use the citation method of enforcement of ordinances other
than 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 and a penalty assessment and fees imposed
under the Wisconsin Statutes, 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.
(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 and the penalty assessment and fees imposed under the
Wisconsin Statutes.
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 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, the
jail assessment, the automation fee and court costs.[1]
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 and fees imposed by the Wisconsin Statutes 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.
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 § 20-3 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.
