[HISTORY: Adopted by the Common Council of the City of Watertown
by Ord. No. 76-53 (§ 25.09 of the former City Code). Amendments noted where
applicable.]
Pursuant to § 66.0113(1)(a), Wis. Stats., the City
hereby elects to use the citation method of enforcement of all its
ordinances, including ordinances for which a statutory counterpart
exists.
The citation shall contain the following:
A.
The name and address of the alleged violator.
B.
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 a 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 informs the alleged violator:
(1)
That a cash deposit based on the schedule established by this chapter
may be made and shall be delivered or mailed to the Police Department
prior to the time of the scheduled court appearance.
(2)
That if a deposit is made, no appearance in court is necessary unless
he 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.[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 § 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.[2]
(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.[3]
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 has been read. Such statement shall be sent or brought with the cash deposit.
I.
Such other information as the City deems necessary.
[Amended 7-5-2022 by Ord. No. 22-63]
The form of the citation to be used by the City is on file in
the office of the City Clerk and is adopted by reference.
[Amended by Ord. No. 78-25; Ord. No. 13-17; 10-4-2016 by Ord. No.
16-18; 7-5-2022 by Ord. No. 22-63]
The cash deposits for the various ordinances for which a citation
may be issued are included on the deposit schedule established by
the Municipal Judge and approved by the Common Council, a copy of
which is on file with the City Clerk as well as in the offices of
the Chief of Police and the City Attorney.
A.
Law enforcement officers. Any law enforcement officer may issue citations
authorized under this chapter.
B.
City officials.
(1)
The following City officials may issue citations with respect to
those specified ordinances which are directly related to their official
responsibilities:
(a)
City Attorney.
(b)
Fire Chief.
(c)
Health Officer.
(d)
Building Inspector.
(e)
Electrical Inspector.
(f)
Water Systems Manager.
[Amended by Ord. No. 04-27]
(g)
Truancy Abatement Officer.
[Amended by Ord. No. 04-34]
(h)
Street Superintendent.
[Amended by Ord. No. 05-06]
(i)
Assistant Street Superintendent.
[Amended by Ord. No. 05-06]
(j)
Zoning Administrator.
[Added 7-5-2017 by Ord.
No. 17-19]
(k)
Plumbing Inspector.
[Added 7-5-2017 by Ord.
No. 17-19]
(l)
Community Service Officer.
[Added 7-5-2017 by Ord.
No. 17-19]
(m)
Building,
Safety and Zoning Code Compliance Officer.
[Added 6-4-2019 by Ord. No. 19-8]
(2)
Such City officials may delegate their authority to issue such citations
to their subordinates.
[Amended by Ord. No. 88-3]
C.
Police auxiliary officers. Police auxiliary officers may enforce regulations under Chs. 497 or 500, citable under the Police Department "Notice of Parking Violation" form of citation. This section does not authorize issuance of Wisconsin uniform traffic or nontraffic municipal citations.
[Added 7-5-2017 by Ord.
No. 17-19]
Section 66.0113(3), Wis. Stats., relating to violator's options
and procedure on default, is hereby adopted and incorporated herein
by reference.
A.
Other ordinance. Adoption of this chapter does not preclude the Common
Council 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 City 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.
[Amended by Ord. No. 78-25; Ord. No. 13-40]
Chapter 800 of the Wisconsin Statutes outlining the Municipal
Court procedure is adopted by reference in this Code with the exception
of § 800.10(1) and (2).
