The Town of Lowell hereby elects to use the citation method
of enforcement of ordinances. All law enforcement officers and other
Town personnel charged with the responsibility of enforcing the provisions
of this Code are hereby authorized pursuant to § 66.0113(1)(a),
Wis. Stats., to issue citations for violations of this Code, 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 and/or state statute 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
may be made which shall be delivered or mailed to the Town Clerk prior
to the time of the scheduled court appearance.
(2) That, if a deposit is made, no appearance in court is necessary unless
he/she is subsequently summoned.
(3) That, 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,
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.
(4) That, if no cash deposit is made and the alleged violator does not
appear in court at the time specified, an action may be commenced
to collect the forfeiture.
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 form of the citation to be issued by law enforcement officers
or other designated Town officials is incorporated herein by reference
and shall provide for the following information:
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;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D. The section of the ordinance violated;
E. A designation of the offense in such manner as can be readily 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 the alleged violator may make a cash deposit of a specified
amount to be mailed to a specified official within a specified time;
(2) That, if the alleged violator makes such a deposit, he/she need not
appear in court unless 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;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(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.;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
H. A direction that, if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he read the statement required under Subsection
G and shall send the signed statement with the cash deposit;
I. Such other information as may be deemed necessary.
Section 66.113(3), Wis. Stats., relating to violator's
options and procedure on default is hereby adopted and incorporated
herein by reference.