The Village of Clayton hereby elects to use the citation method
of enforcement of ordinances. All Village law enforcement officers
and other Village 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.
Citations authorized in §
20-1 above may be issued
by law enforcement officers 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:
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.
B. The 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 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, 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) 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.
(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.
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.
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 Clerk-Treasurer.
In addition to the deposit amount listed, the deposit shall include
the costs, fees and surcharges imposed under Ch. 814, Wis. Stats.
The Chief of Police shall be provided a copy of all bond schedules
and amendments thereto.
Deposits shall be made in cash, money order, personal checks
or certified check to the Clerk of Court of Polk County. 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.