[HISTORY: Adopted by the Village Board of the Village of Clyman as Title 1, Ch. 2, of the 1998 Village Code of Ordinances. Amendments noted where applicable.]
The Village of Clyman hereby elects to use the citation method of enforcement of ordinances. All Village officers and other Village personnel charged with 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 § 26-1 above may be issued by law enforcement officers 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 law enforcement officers or other designated Village officials is incorporated herein by reference and shall provide for the following information:
The name, address, date of birth and physical description of the alleged violator;
The factual allegations describing the alleged violation;
The date and place of the offense;
The section of the ordinance violated;
A designation of the offense in such manner as can be readily 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 the alleged violator may make a cash deposit of a specified amount to be mailed to a specified official within a specified time;
That if the alleged violator makes such a deposit, he need not appear in court unless 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 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;
Such other information as may be deemed necessary.
The schedule of 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 must include costs, fees and surcharges imposed under Ch. 814, Wis. Stats. The law enforcement officer 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 Circuit Court. Receipts shall be given for all deposits received.
Section 66.0113(3), Wis. Stats., relating to violator's options and procedure on default, is hereby adopted and incorporated herein by reference.
Adoption of this chapter does not preclude the Village Board from adopting any other ordinance providing for the enforcement of any other law or ordinance relating to the same or other matters.
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.