Village of Hobart, WI Chapter 14 Citations

[HISTORY: Adopted by the Village Board of the Village of Hobart as Ch. 8 of the 2000 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Municipal court — See Ch. 26.

§ 14-1 Statutory authority.

Pursuant to § 66.0113 of Wisconsin Statutes, the Village Board hereby elects to use the citation method of enforcement of Village ordinances described herein or in a separate ordinance, including those for which a statutory counterpart exists.

§ 14-2 Form of citation.

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 Village ordinance may be made which shall be delivered or mailed to the Clerk of the Municipal Court prior to the time of the scheduled court appearance.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

(2) That if a deposit is made, no appearance in court is necessary unless the defendant 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.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

(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.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

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 § 800.093, Wis. Stats. (municipal court);

J. Such other information as the Village deems necessary.

§ 14-3 Schedule of deposits.

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.

§ 14-4 Issuance of citation. [1]

The following officials may issue citations with respect to those specified ordinances which are directly related to their official responsibilities.

Ordinance Title	Enforcement Official
Chapter 95, Alarm Systems	Hobart Police Department
Chapter 102, Article I, Barking Dogs	Hobart Police Department
Chapter 102, Article III, Licensing and Control of Dogs	Hobart Police Department
Chapter 121, Building Construction	Zoning Administrator/Building Inspector
Chapter 127, Open Burning	Hobart Police Department
Chapter 156, Explosives and Blasting	Hobart Police Department, Zoning Administrator, Village Administrator, or any Village Trustee
Chapter 170, Firearms and Other Weapons	Hobart Police Department
Chapter 185, Article I, Public Sanitation	Hobart Police Department
Chapter 194, Article I, Nonmetallic Mining	Hobart Police Department, Zoning Administrator, Village Administrator, or any Village Trustee
Chapter 197, Article I, Curfew	Hobart Police Department
Chapter 207, Nuisances	Hobart Police Department
Chapter 215, Parks and Recreation Areas	Hobart Police Department
Chapter 248, Article I, Storage, Disposal, Transportation, and Treatment of Solid Waste	Hobart Police Department
Chapter 248, Article II, Recycling and Municipal Solid Waste Collection	Hobart Police Department
Chapter 288, Agricultural Shoreland Management	Hobart Police Department or designee
Chapter 295, Zoning	Zoning Administrator/Building Inspector

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 14-5 Procedure.

Section 66.0113(3), Wisconsin Statutes, relating to violator's options and procedures on default is hereby adopted and incorporated by reference.

§ 14-6 Nonexclusivity.

A. Other ordinance. Adoption of this chapter does not preclude the Village 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 Village 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.