[HISTORY: Adopted by the Town Board of the Town of Genesee 1-10-1983. Amendments
noted where applicable.]
The statutory provisions of §§ 66.0109, 66.0113,
66.0114 and 345.20 to 345.53 and Ch. 799, Wis. Stats., are adopted
and by reference made a part of this chapter as if fully set forth
herein. Any act required to be performed or prohibited by any statute
incorporated herein by reference is required or prohibited by this
chapter. Any future amendments, revisions or modifications of the
statutes incorporated herein are intended to be made part of this
chapter in order to secure uniform statewide regulation, issuance,
and enforcement of traffic and municipal ordinance violations. Further,
the Town of Genesee elects to use the citation method of enforcement
of Town ordinances described herein, other than those for which a
statutory counterpart exists.
A.
All Town of Genesee citations shall fulfill all applicable statutory
requirements of notice and form as outlined in the above-adopted statutes.
B.
The Town of Genesee may elect to utilize the Wisconsin Uniform Municipal
Citation form as printed by the State of Wisconsin or any other form
which fulfills the applicable statutory requirements.
C.
The Town of Genesee shall elect to utilize the Wisconsin Uniform
Traffic Citation as printed by the State of Wisconsin for all traffic
enforcement actions.
A.
The amount of the cash deposit required for particular offenses shall
be established within the penalty section of each individual ordinance
or shall be established by a schedule of cash deposit amounts that
may be adopted from time to time by the Town Board by separate resolution.
[Amended 8-14-2000 by Ord. No. 00-3]
B.
If a schedule of cash deposits has not been established for a specific
violation, the issuing official shall require the alleged offender
to deposit not less than the maximum forfeiture permitted hereunder.
C.
All applicable current penalty assessment charges and current court
costs shall be added to any cash deposit.
D.
All cash deposits shall be made in cash, money order or certified
check to the Clerk of the Circuit Court for Waukesha County, who shall
provide a receipt pursuant to state statute. If the cash deposit is
mailed, the signed statement requested by Wisconsin Statutes shall
be mailed with the cash deposit.
[Amended 8-14-2000 by Ord. No. 00-3]
A.
Law enforcement officers. Any law enforcement officer, including
but not limited to the Village of North Prairie Police Department
officers and the Waukesha County Sheriff's Department officers
and deputies, may issue citations for any Town of Genesee ordinance
violation.
B.
Town officials.
(1)
The following Town officials may issue citations with respect to
those specified ordinances which are directly related to their official
duties and responsibilities:
|
Ordinance Title
|
Enforcement Official
| |
|---|---|---|
|
Building Code
|
Building Inspector
| |
|
Electrical and Plumbing Code
|
Building Inspector
| |
|
Subdivision Control
|
Town Board
| |
|
Liquor Control Ordinance
|
Town Board
| |
|
Burning Permits
|
Town Board
|
(2)
All other ordinances not enumerated herein may be enforced by the
Town Board or its duly appointed representatives.
A.
Other ordinance. Adoption of this chapter does not preclude the Town
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 Town Board or any authorized office from proceeding under any
other ordinance or law or by any other enforcement method to enforce
any ordinance, regulation or order.
A.
Enforcement procedure. The statutory provisions of §§ 66.0109,
66.0113, 66.0114 and 345.20 to 345.53 and Ch. 799, Wis. Stats., are
adopted and by reference made a part of this section as if fully set
forth herein. Any act required to be performed or prohibited by any
statute incorporated herein by reference is required or prohibited
by this section. Any future amendments, revisions or modifications
of the statutes incorporated herein are intended to be made part of
this section in order to secure uniform statewide regulation and enforcement
of traffic and municipal ordinance violations. Further the Town of
Genesee specifically elects to use the citation method of enforcement.
B.
Deposit.
(1)
Any person arrested for a violation of the Code may make a deposit
of money as directed by the arresting officer at the Town Hall offices
or at the office of the Clerk of Court or by mailing the deposit to
such places. The arresting officer or the person receiving the deposit
shall notify the arrested person, orally or in writing, that:
(a)
If he fails to appear in court at the time fixed in the citation,
he will be deemed to have tendered a plea of no contest and submitted
to a forfeiture plus costs not to exceed the amount of the deposit;
or
(b)
If he fails to appear in court at the time fixed in the citation,
and if the court does not accept the deposit as a forfeiture, he will
be summoned into court to answer the complaint.
(2)
For violations of Chapter 535, Vehicles and Traffic, Article III, Traffic and Parking Regulations, the amount of the deposit shall be as set forth in § 535-13 and shall include the penalty assessment established under § 757.05, Wis. Stats., and costs. If a deposit schedule has not been established, the arresting officer shall require the alleged offender to deposit not less than the maximum forfeiture permitted under Chapter 535, Article III.
(3)
The arresting officer or the person receiving the deposit shall issue
the arrested person a receipt therefor as required by § 345.26(3)(b),
Wis. Stats.
C.
Stipulation of no contest. Any person charged with a violation of this Code, except §§ 346.62(1) and 346.63(1), Wis. Stats., may make a stipulation of no contest pursuant to § 345.27, Wis. Stats., which shall be received at the Town Hall offices or the office of the Clerk of Court within 10 days of the date of the alleged violation. Such person shall, at the time of entering into the stipulation, make the deposit required under Subsection B if he has not already done so. A person who has mailed or filed a stipulation under this subsection may, however, appear in court on the appearance date and may be relieved from the stipulation for cause shown as required in § 345.37, Wis. Stats.
D.
Issuance of citations. All sections of this Code shall be enforced
by a law enforcement officer or the Town Board's duly appointed
representatives.
E.
Nonexclusivity.
(1)
Other ordinances. Adoption of this section does not preclude the
Town Board from adopting any other ordinance or providing for the
enforcement of any other law or ordinance relating to the same or
other matter.
(2)
Other remedies. The issuance of a citation hereunder shall not preclude
the Town Board or any authorized office from proceeding under any
other ordinance or law or by any other enforcement method to enforce
any ordinance, regulation or order.
F.
Traffic violation and registration program.
(1)
General. The Department of Transportation will be asked to suspend
the registration on the vehicle involved or suspend the registration
on any vehicle owned by any person who fails to respond to a nonmoving
traffic violation either by paying the fine or appearing in court
within 28 days after the issuance of a citation for said violation.
Any such suspension will remain in effect until said citation plus
applicable costs is satisfied.
(2)
Collection of forfeitures for nonmoving traffic violations; state
procedures adopted.
(a)
Definition. A nonmoving traffic violation is any parking of
a vehicle in violation of a statute or an ordinance.
(b)
Statutes adopted. The procedure provided for in §§ 345.28 and 345.34 to 345.47, Wis. Stats., inclusive, is hereby specifically adopted and shall be followed in actions to recover forfeitures for nonmoving traffic violations, as defined in Subsection F(2)(a) above.
(c)
Increased bond amounts and costs assessed.
[1]
The original bond amount for violation of any nonmoving traffic
regulation shall increase if not paid within seven days of issuance
as noted on the traffic citation parking ticket and as approved by
the Town Board.
[2]
The Town of Genesee Board shall further have the authority to
determine the administrative costs of enforcement in collection of
forfeitures for nonmoving traffic violations under this section, from
time to time as may be necessary to adjust the same, and shall keep
the court informed of the same, which court shall assess the same
against violators and cause such to be collected along with stipulations,
but in no event shall such costs be less than the amounts previously
noted herein.
(3)
Registration record of vehicle as evidence. When any vehicle is found upon a street or highway in violation of any provision of Chapter 535, Article III, regulating the stopping, standing or parking of vehicles and the identity of the operator cannot be determined, the owner as shown by the ownership registration of the vehicle supplied by the Wisconsin Department of Transportation, or a comparable authority of any other state, shall be deemed to have committed the violation for purposes of enforcement of Chapter 535, Article III, and shall be subject to the applicable forfeiture penalty, provided that the defenses defined and described in § 346.485(5)(b), Wis. Stats., shall be a defense for an owner charged with such violation.
