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:
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 violated.
E. A designation of the offense in such manner as can readily be 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 that:
(1) 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.
(2) If a deposit is made, no appearance in court is necessary unless
he is subsequently summoned.
(3) 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.
(4) 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.
(5) 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.
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 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.
Section 66.0113(3), Wis. Stats., relating to a violator's
options and procedure on default, is hereby adopted and incorporated
herein by reference.