[HISTORY: Adopted by the Village Board of the Village of
Grafton as Title 1, Ch. 1.12, of the 1979 Code. Amendments noted where
applicable.]
Pursuant to the authority of § 66.0113, Wis. Stats.,
the Village elects to use the citation method of enforcement of ordinances,
including those 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 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 Chief of Police
of the Village prior to the time of the scheduled court appearance.
2.
That, if a cash deposit is made, no appearance in court is necessary
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. 1.01, Code
Adoption)]
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. 1.01, Code
Adoption)]
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 of this section has been read. Such statement shall be sent or brought with the cash deposit.
I.
Such other information as the Village deems necessary.
The form of the citation is on file in the Village administrative
offices and is incorporated into this chapter by reference.
[Last amended by Ord. No.
017, Series 2009]
A.
The following schedule of cash deposits is established for use with
citations issued under this chapter. The officer issuing any citation
shall add to the bond amount listed herein all applicable court costs,
fees and surcharges as required by the court and/or by state statute.
1.
For the following offenses, $75 deposit for all instances:
|
Bicycle violations
|
2.
For the following offenses, $75 deposit for the first offense; $125
deposit for the second offense; $175 for the third offense:
|
Curfew violations
| |
|
Fireworks violations
| |
|
Library violations
| |
|
Park violations
| |
|
Skateboard/play vehicle violations
| |
|
Snowmobile violations
| |
|
Tobacco violations
|
3.
For the following offenses, $300 deposit for the first offense; $400
deposit for the second offense; $500 deposit for the third offense:
|
Licensed premises open after hours
| |
|
Battery
| |
|
Disorderly conduct
| |
|
Possession of drug paraphernalia
| |
|
Graffiti violations
| |
|
Lewd and lascivious behavior
| |
|
Possession of marijuana
| |
|
Obstructing or resisting an officer
| |
|
Theft-related property crimes
| |
|
Retail theft
| |
|
Weapons violations
|
4.
For any violation not otherwise listed in Subsection A.1 through
3 which is a violation of a municipal ordinance adopting by reference
a state statute classified in the statute as a misdemeanor or felony
offense, a deposit of $500 for the first and any subsequent offense.
5.
For any violation not otherwise listed in Subsection A.1 through
4, a deposit of $125 for the first offense, a deposit of $200 for
the second offense, and a deposit of $300 for the third offense.
6.
For all violations, fourth and subsequent offenses shall issue with
a deposit of $500.
7.
In determining the number of prior offenses for false alarm citations,
the issuing officer shall only consider prior violations occurring
in the calendar year of the violation in question.
A.
Any law enforcement officer may issue citations for enforcement of
any ordinances authorized under this chapter.
B.
The following officials of the Village are authorized to issue citations
for enforcement of those ordinances specified. Such officials may
delegate authority to their subordinates upon approval by the Village
Board.
|
Portion of Code
|
Offense
|
Enforcement Official
| |
|---|---|---|---|
|
Ch. 2.26
|
Violation of park regulations
|
Chief of Police
| |
|
Ch. 2.50
|
Civilian defense
|
Chief of Police, Civilian Defense Director
| |
|
Ch. 5.20
|
Registration of amusement and music devices
|
Chief of Police
| |
|
Ch. 5.24
|
Peddlers, canvassers and transient merchants
|
Chief of Police
| |
|
Ch. 5.32
|
Public amusements and shows
|
Chief of Police, Village Health Inspector, Building Inspector
| |
|
Ch. 6.04
|
Keeping of animals and fowl
|
Chief of Police
| |
|
Ch. 6.08
|
Regulation and licensing of dogs and cats
|
Chief of Police
| |
|
Garbage and refuse collection and disposal
|
Chief of Police, Director of Public Works, Building Inspector
| ||
|
§ 8.20.140
|
Village dump
|
Chief of Police, Director of Public Works
| |
|
§ 8.24.010
|
Swimming prohibited in Milwaukee River
|
Chief of Police
| |
|
Ch. 8.25
|
Misuse of E911
|
Chief of Police
| |
|
§ 8.40.010
|
Creating a nuisance
|
Village Health Inspector
| |
|
§§ 9.32.030 and 9.40.030
|
Nuisances
|
Chief of Police
| |
|
Public nuisances
|
Chief of Police
| ||
|
Ch. 10.68
|
Milwaukee River markers and navigation aids
|
Chief of Police
| |
|
Ch. 11.08
|
Street, alley and sidewalk grades
|
Director of Public Works, Building Inspector
| |
|
Snow and ice removal
|
Chief of Police, Director of Public Works
| ||
|
Streets, alleys and sidewalks
|
Director of Public Works
| ||
|
Sewer use
|
Director of Public Works, Water and Wastewater Director, Building
Inspector
| ||
|
Title 14
|
Trailers and trailer coaches
|
Chief of Police, Village Health Inspector, Chief of Fire Department,
Building Inspector
| |
|
Ch. 16.04
|
Wisconsin Uniform Building Code adopted by the Village
|
Building Inspector
| |
|
Electrical Code
|
Electrical Inspector
| ||
|
Plumbing permits
|
Plumbing Inspector
| ||
|
Foundation drains and sump pumps
|
Building Inspector
| ||
|
Plumbing Code
|
Plumbing Inspector
| ||
|
Ch. 16.20
|
Private alarm systems
|
Chief of Police
| |
|
Title 19[1]
|
Zoning Code
|
Building Inspector
| |
|
Title 21
|
Floodplain Code
|
Zoning Administrator
| |
|
Title 22
|
Shoreland/Wetland Zoning
|
Zoning Administrator
| |
|
Title 23
|
Stormwater management
|
Director of Public Works
|
[1]
Editor's Note: This reference is to the Village's Zoning Code,
which is accessible on the Village's website.
[Amended by Ord. No. A-528-1989,
1989]
Wherever in § 1.12.040 the Director of Public Works is named as the enforcement official, the Director of Public Works is authorized to delegate his citation enforcement authority to the Field Supervisor of Public Works.
The provisions of § 66.0113(3), Wis. Stats., relating
to violator's options and procedure on default, are adopted and incorporated
in this chapter by reference.
Adoption of this chapter in no way precludes the adoption of
any other ordinance providing for the enforcement of any other law
or ordinance relating to the same or any other matter. The issuance
of a citation under this chapter in no way precludes the proceeding
under any other law or ordinance relating to the same or any other
matter.
