[Adopted by the Town Board of the Town of Pittsfield 5-13-1997 as Ch. 13
of the 1997 Code; amended July 2007. Subsequent amendments noted where
applicable.]
Pursuant to § 66.0113, Wis. Stats., the Town Board
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 chapter
or other Town 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]
(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, 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]
(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.[3]
(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.[4]
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.
Such other information as the Town deems necessary.
The following officials may issue citations with respect to
those specified ordinances which are directly related to their official
responsibilities:
Ordinance Title
|
Enforcement Official
|
---|---|
Town Board member or Zoning Administrator
| |
Chapter 21, Animals
|
Town Animal Control/Humane Officer, Town Board member, Zoning
Administrator, Health Officer or any Sheriff's Department officer
|
Chapter 36, Building Construction
|
Building Inspector, Zoning Administrator or Town Board member
|
Chapter 49, Cemetery
|
Town Board member or Zoning Administrator
|
Chapter 68, Culverts
|
Town Board member or Zoning Administrator
|
Chapter 90, Explosives and Blasting
|
Town Board member, Zoning Administrator or any Sheriff's Department
officer
|
Chapter 103, Firearms, Weapons and Hunting
|
Town Board member, Zoning Administrator or any County Sheriff's
Department officer
|
Town Board member, Zoning Administrator or any County Sheriff's
Department officer
| |
Town Board member or Zoning Administrator
| |
Chapter 154, Mining, Nonmetallic
|
Brown County, Town Board member, Zoning Administrator or any
Sheriff's Department officer
|
Town Board member, Zoning Administrator or any County Sheriff's
Department officer
| |
Chapter 171, Newspaper Boxes
|
Town Board member or Zoning Administrator
|
Chapter 179, Nuisances
|
Town Board member, Zoning Administrator or any County Sheriff's
Department officer
|
Chapter 195, Parks and Recreation
|
Town Board member, Zoning Administrator or any County Sheriff's
Department officer
|
Town Board member or Zoning Administrator
| |
Town Board member or Zoning Administrator
| |
Town Board member or Zoning Administrator
| |
Chapter 250, Vehicles and Traffic
|
Town Board member, Zoning Administrator, or Law Enforcement
Officer
|
Town Board member or Zoning Administrator
| |
Town Board member or Zoning Administrator
| |
Chapter 275, Zoning
|
Town Board member or Zoning Administrator
|
Ordinance Title
|
Offense
|
Deposits and Costs
|
---|---|---|
Violation
|
$100 to $200 each day
| |
Chapter 21, Animals
|
Violation
|
$75 to $1,000, each day a separate offense; confinement costs,
plus expenses
|
Chapter 36, Building Construction
|
Violation
|
$75 to $1,000 each day
|
Chapter 49, Cemetery
|
Violation
|
$100 to $300
|
Chapter 68, Culverts
|
Violation
|
$75 to $200, each day a separate violation
|
Chapter 90, Explosives and Blasting
|
Violation
|
$150 to $1,000
|
Chapter 103, Firearms, Weapons and Hunting
|
Violation
|
$75 to $200
|
Violation
|
Actual cost; if not paid, placed on property bill
| |
Violation
|
$75 to $1,000 each day
| |
Violation
|
First offense: none; then $75 to $500 each offense.
| |
Chapter 171, Newspaper Boxes
|
Violation
|
$75 to $200
|
Chapter 179, Nuisances
|
Violation
|
$75 to $200, each day a separate violation
|
Chapter 195, Parks and Recreation
|
Violation
|
$75 to $200 each offense
|
Violation
|
$75 to $1,000 each day
| |
Violation
|
$75 to $200, each day a separate violation, have 30 days to
comply
| |
Violation
|
Pay withheld until fixed, $75 to $1,000 each day
| |
Revised Uniform State Traffic Deposit Schedule
| ||
$75 to $200
| ||
Violation
|
$50 to $1,000 for each offense
| |
Violation
|
First violation: $50 to $75; second violation: $200 to $300;
third violation or more: $500 to $2,000
| |
Violation
|
$50 to $1,000
| |
$50 to $500, each day a separate violation
| ||
$250, each day a separate violation
|
Notes:
|
---|
All offenders must pay current court costs and assessments,
over and above the deposits and costs.
|
Deposits shall be made in cash, money order, or certified check
to the Clerk of the Municipal Court, who shall provide a receipt therefor.
|
Section 66.0113(3), Wis. Stats., 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 proceeding under any
other ordinance or law or by any other enforcement method to enforce
any ordinance, regulation or order.