[HISTORY: Adopted by the Town Board of the Town of Greenville 12-8-1997 by Ord. No.
17; amended in its entirety 1-21-1998. Amendments noted where applicable.]
Pursuant to Wisconsin Statutes § 66.0113, the Town
Board of Supervisors of the Town of Greenville, Outagamie County,
Wisconsin, hereby elects to use the citation method of enforcement
of Town ordinances described herein, or in a separate ordinance, including
those for which a statutory counterpart exists.
The citation shall contain the following:
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 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:
(1)
That a cash deposit based on the schedule established by this or
other Town ordinance may be made which shall be delivered or mailed
to the Clerk of Court prior to the time of the scheduled court appearance.
(2)
That if a deposit is made, no appearance in court is necessary unless
the defendant is 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, 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.[1]
(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 § 60.0113(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.[2]
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.
A
statement that if the court finds that the violation involves an offense
that prohibits conduct prohibited by state statute punishable by fine
or imprisonment or both, and that the violation resulted in property
damage or physical injury to a person other than the alleged violator,
the court may summon the defendant into court to determine if restitution
shall be ordered under W.S.A. § 800.093 (municipal court).
J.
Such
other information as the Town deems necessary.
A.
The
cash deposits for the various ordinances for which a citation may
be issued are as established on the deposit schedule adopted by the
Town Board, a copy of which is on file with the Town Clerk-Treasurer.[1]
B.
Deposits
shall be made in cash, money order, or certified check to the Clerk
of Circuit Court, who shall provide a receipt therefor.
The following officials, in addition to the Town Chairman, may
issue citations which are directly related to their official responsibilities:
Wisconsin Statutes § 66.119(3) relating to violator's
options and procedures on default is hereby adopted and incorporated
by reference.
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 proceedings under any
other ordinance or law or by any other enforcement method to enforce
any ordinance, regulation, or order.
