[12-13-2006]
The title of the ordinance from which this article is derived
is the "Town of Whitewater Citation Ordinance." The purpose of this
article is to authorize the Town Board of the Town of Whitewater,
or its designees, to issue citations for violations of Town of Whitewater
ordinances, including ordinances with statutory counterparts.
[12-13-2006]
The Town Board of the Town of Whitewater has the specific authority
under § 66.0113, Wis. Stats., to adopt this article.
[12-13-2006]
The Town Board of the Town of Whitewater, by this article adopted
on proper notice with a quorum and by a roll call vote by a majority
of the Town Board present and voting, authorizes the Town of Whitewater
to issue citations for violations of Town of Whitewater ordinances,
including ordinances with statutory counterparts.
[12-13-2006]
A.Â
Except as provided in Subsection A(5) of this section, the Town Board prescribes the form for citations to be issued in the Town of Whitewater by the Town Board, or its designees, for violations of Town of Whitewater ordinances. The form shall be as provided in this subsection and shall include all of the following:
(1)Â
The name and address of the alleged violator.
(2)Â
The factual allegations describing the alleged violation.
(3)Â
The time and place of the offense.
(4)Â
The section of the ordinance violated.
(5)Â
A designation of the offense in a manner that can be readily understood
by a person making a reasonable effort to do so.
(6)Â
The time at which the alleged violator may appear in court.
(7)Â
A statement that in essence informs the alleged violator of all of
the following:
(a)Â
That the alleged violator may make a cash deposit of a specified
amount to be mailed to a specific official within a specified time.
(b)Â
That if the alleged violator makes a cash deposit, he/she or
she need not to appear in court unless subsequently summoned.
(c)Â
That if the alleged violator makes a cash deposit and does not
appear in court, he/she 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.
(d)Â
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 and 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.
(e)Â
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 damages 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.
(8)Â
A direction that if the alleged violator elects to make a cash deposit,
the alleged violator shall sign an appropriate statement that accompanies
the citation to indicate that he/she or she read the statement required
under § 66.0113(1)(b)7, Wis. Stats., and shall send the
signed statement with the cash deposit.
(9)Â
Any other information as may be deemed necessary.
B.Â
To ensure uniformity and equal treatment of all persons who violate
any of the Town Code of Ordinances, the deposit amounts set forth
in the revised uniform state deposit schedules adopted by the Wisconsin
Judicial Conference, as the same are amended from time to time, together
with costs and surcharges, shall be the forfeitures imposed where
the schedule states a deposit amount for a violation of statutory
counterparts to the provisions of the Town Code of Ordinances. The
Town Board adopts the schedule of deposits as set forth the deposit
schedule that shall be kept on file with the Town Clerk.
C.Â
The Town Board names the following court, clerk of court, or other
official to whom cash deposits are to be made and require that receipts
be given for cash deposits: Treasurer of Town of Whitewater, W8590
Willis Ray Road, Whitewater, WI 53190.
A.Â
The Town of Whitewater citations may be issued by the Town Board
of the Town of Whitewater or the Town Board of the Town of Whitewater
may designate certain Town of Whitewater, Walworth County, or other
municipal officials, with their written approval, to issue such citations.
B.Â
The Town of Whitewater citations, in addition, shall specifically
be issued by the Town of Whitewater Ordinance Enforcement Officer,
the Walworth County Sheriff or any Walworth County Deputy Sheriff.
C.Â
The Town of Whitewater Town Board has designated the Town Chair,
the Town Ordinance Enforcement Officer, the Sheriff of Walworth County,
any deputies of the Sheriff, or any person approved by the Town Board
to serve any citations for the Town of Whitewater upon issuance. Any
person specifically authorized by the Town Board to issue citations
by the Town Board of the Town of Whitewater may also serve such citations.
The adoption and authorization for use and citation under this
article does not preclude the Town Board of the Town of Whitewater
from adopting any other ordinance or providing for the enforcement
of any other law or ordinance or 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 article does not preclude proceeding
under any other ordinance or law relating to the same or any other
matter. Proceeding under any other ordinance or law relating to the
same or any other matter does not preclude the issuance of a citation
under this article.
If any provision of this article or its application to any person
or circumstance is held invalid, the invalidity does not affect other
provisions or applications of this article that can be given effect
without the invalid provision or application, and to this end, the
provisions of this article are severable.