[HISTORY: Adopted by the Common Council of the City of Marion 7-22-1993 as Title 1, Ch. 2, of the 1993 Code. Amendments noted where applicable.]
The City of Marion hereby elects to use the citation method of enforcement of ordinances. All City law enforcement officers and other City personnel charged with the responsibility of enforcing the provisions of this Code are hereby authorized pursuant to § 66.0113(1)(a), Wis. Stats., to issue citations for violations of this Code, including ordinances for which a statutory counterpart exists.
The citation shall contain the following:
The name and address of the alleged violator.
Factual allegations describing the alleged violation.
The time and place of the offense.
The section of the ordinance violated.
A designation of the offense in such manner as can readily be understood by a person making a reasonable effort to do so.
The time at which the alleged violator may appear in court.
A statement which in essence informs the alleged violator that:
A cash deposit based on the schedule established by this chapter may be made which shall be delivered or mailed to the Clerk of Court prior to the time of the scheduled court appearance.
If a deposit is made, no appearance in court is necessary unless he is subsequently summoned.
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.
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.
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 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.
Such other information as the City deems necessary.
The form of the citation to be used by the City of Marion is on file in the City Clerk-Treasurer's office and is adopted by reference as though fully set forth herein.
Deposits shall be made in cash, money order or certified check to the Clerk of Court who shall provide a receipt therefor.
Law enforcement officer. Any law enforcement officer may issue citations authorized under this chapter.
City officials. The following City officials may issue citations with respect to those specified ordinances which are directly related to their official responsibilities:
Section 66.0113(3), Wis. Stats., relating to a violator's options and procedure on default, is hereby adopted and incorporated herein by reference.
Other ordinance. Adoption of this chapter does not preclude the Common Council from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter.
Other remedies. The issuance of a citation hereunder shall not preclude the City 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.