[HISTORY: Adopted by the Common Council of
the City of Lodi as § 1.10 of the City Code. Amendments
noted where applicable.]
Pursuant to § 66.0113, Wis. Stats.,
the City of Lodi hereby adopts and authorizes the use of a citation
to be issued for violations of ordinances, including those ordinances
for which a statutory counterpart exists.
The citation shall contain the following:
A.
The name and address of 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 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
that:
(1)
A cash deposit based on the schedule established by
this chapter may be made which shall be delivered or mailed to the
Clerk of the Municipal Court or, if the action is to be in Circuit
Court, the Clerk of the Circuit Court, prior to the time of the scheduled
court appearance.[1]
(2)
If a deposit is made, no appearance in court is necessary
unless he is subsequently summoned.
(3)
If a cash deposit is made and the alleged violator
does not appear in court, he will be deemed to have entered 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, if the court does not accept the plea of no contest,
a summons will be issued commanding him to appear in court to answer
the complaint.[2]
(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]
(5)
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 loss or 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.
[Amended 10-10-2006 by Ord. No. A-361; 5-19-2020 by Ord. No. A-547]
If the action is to be in Municipal Court, the
citation under § 800.02(2), Wis. Stats., shall be used.
The schedule of deposits is included at the end of this chapter.
A.
Law enforcement officer. Any law enforcement officer
may issue citations authorized under this chapter.
B.
Other City officials. Without limiting the authority
of law enforcement officers to issue citations for any violations
of any City of Lodi ordinance, the following City officials are also
authorized to issue citations with respect to those specified ordinances
which are directly related to their official responsibilities:[1]
Section 66.0113(3), Wis. Stats., relating to
a 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 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.
The City of Lodi hereby adopts and authorizes the use of the Wisconsin Uniform Citation Form for Underage Alcohol Offenses, Harassment or Sporting Event Safety Violations (common known as the "Supreme Court form") to be issued for violations of Chapter 204 of this Code (adopting Ch. 125, Wis. Stats.) and violations of § 253-7 of this Code (harassment).