Town of Whitewater, WI
Walworth County
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[5-12-1993 by Ord. No. 31]
Pursuant to W.S.A. § 60.22(4), the Town Board of Supervisors of the Town of Whitewater, Walworth County establishes the jurisdiction and duties of the noncertified law enforcement officer of the Town of Whitewater, Walworth County as described in this chapter.
[5-12-1993 by Ord. No. 31; 12-14-2005]
A. 
The noncertified law enforcement officer shall enforce, without further directive, the ordinances of the Town of Whitewater listed below:
(1) 
Ch. 46, Art. III, Motor vehicle parking.
(2) 
Ch. 22, Emergency fire permits, (Resolution 15).
(3) 
Ch. 46, Art. V, Regulation of junked, disassembled, inoperable, or unlicensed vehicles.
(4) 
Ch. 6, Art. II, Restrictions on keeping dogs.
(5) 
Ch. 30, Art. II, Div. 4, Lake accesses.
(6) 
Ch. 38, Art. III, Road open cut/excavation.
(7) 
Ch. 50, Art. II, Protection of Clover Valley Flowing Well.
(8) 
Ch. 34, Curbside pickup of refuse and recyclable materials.
The noncertified law enforcement officer acts as Weed Commissioner for control of noxious weeds, the length of time to be specified by Town Board on a yearly basis.
B. 
The enforcement of the provisions listed in Subsection A of this section will be on an on-call basis.
C. 
When in doubt about the enforcement of any law or rule or ordinances, the noncertified law enforcement officer shall consult with the Board of Supervisors of the Town of Whitewater.
D. 
The noncertified law enforcement officer shall attend sessions of the municipal court when required to do so.
E. 
All fine schedules shall be assessed at the level established in the Wisconsin Statutes or in town ordinances in effect at the time of enforcement.
[1-10-2007 by Ord. No. 011007]
The title of this article 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.
[1-10-2007 by Ord. No. 011007]
The Town Board of the Town of Whitewater has the specific authority under W.S.A. § 66.0113, to adopt the ordinance from which this article derives.
[1-10-2007 by Ord. No. 011007]
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.
[1-10-2007 by Ord. No. 011007]
A. 
Except as provided in Subsection E 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) 
The name and address of the alleged violator.
(2) 
The factual allegations describing the alleged violation.
(3) 
The time and place of the offense.
(4) 
The section of the ordinance violated.
(5) 
A designation of the offense in a manner that can be readily understood by a person making a reasonable effort to do so.
(6) 
The time at which the alleged violator may appear in court.
(7) 
A statement that in essence informs the alleged violator of all of the following:
(a) 
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) 
That if the alleged violator makes a cash deposit, he/she or she need not to appear in court unless subsequently summoned.
(c) 
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 W.S.A. ch. 814, 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) 
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 W.S.A. § 66.0113(3)(d), or the municipality may commence an action against the alleged violator to collect the forfeiture, plus costs, fees and surcharges imposed under W.S.A. ch. 814.
(e) 
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 W.S.A. § 800.093.
(8) 
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 W.S.A. § 66.0113(1)(b)7., and shall send the signed statement with the cash deposit.
(9) 
Any other information as may be deemed necessary.
B. 
To ensure uniformity and equal treatment of all persons who violate any of the Town's 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 following schedule of cash deposits that are required for the other various Town of Whitewater Code of Ordinance violations:
Schedule of Cash Deposits
Code Section
Violation
Deposit Amount
6-37
Failure to obtain dog license
$50
6-38A
Dog at large
$15
6-38B
Dog noise
$15
6-39
Failure to report dog bite
$15
Chapter 10
Building permit and Building Regulations:
1st Offense
$100
2nd Offense
$500
3rd or more Offenses
$1,000
10-51 through 10-62
Moving buildings violation
$100
22-57
Failure to obtain blasting permit
$200
22-58A
Blasting during unauthorized times
$200
22-58B
Failure to notify affected blast person
$200
22-58C
Failure to keep blast records
$200
22-58E
Blasting in prohibited area
$200
22-58F
Excessive blasting
$200
22-58G
Failure of blaster to show financial responsibility
$200
22-59
Failure of blaster to allow inspections
$200
30-58B
Pier or raft obstructing boat traffic lanes
$10
30-59A
Water skiing at prohibited times
$10
30-59A
Failure to have observer in ski boat
$10
30-59B
Unsafe water ski operation
$10
30-59C
Water skiing in prohibited areas
$10
30-59D
Water ski tow line violation
$10
30-59E
Operating water ski in wrong direction
$10
30-59F
Parasailing on skis
$10
30-60
No wake violation
$10
30-61A
Swimming from unanchored boat
$10
30-61A
Swimming more than 25 feet from anchored boat
$10
30-61B
Swimming more than 150 feet from shore not accompanied by boat
$10
30-62
Aircraft prohibited from landing on lakes
$10
30-63
Illegal mooring of boats
$10
30-64
Organizing events on lakes without a permit
$10
30-65A
Mooring light violation
$10
30-87
Failure to obtain special use of lake access permits
$35
30-82
Illegal parking on lake accesses
$35
30-83
Illegal storage on lake accesses
$35
30-84
Altering natural terrain of or encroaching upon lake accesses without permit
$35
34-1
Solid Waste Violations:
1st offense
$50
2nd offense
$200
3rd or more offenses
$2,000
Ord. #_____
Sludge Ordinance violations
$100
38-32
Fire number sign violations
$5
38-56 through 38-61
Highway excavation violations
$25
46-71
Unlawful parking
$20
46-75
Junk vehicles in road right-of-way
$15
46-187 through 46-190
Junk vehicles storage violations
$10
Ord. #_____
Illegal application of fertilizers near lakes, wetlands or water resources
$50
C. 
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 the Town of Whitewater, W8590 Willis Ray Road, Whitewater, WI 53190.
D. 
The Town Board requires that in actions for violations of Town of Whitewater ordinances enacted in accordance with W.S.A. §§ 23.33(11)(am) or 30.77, the citation from specified in W.S.A. § 23.54, shall be used in lieu of the citation form noted above in Subsection C.
[1-10-2007 by Ord. No. 011007]
A. 
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. 
The Town of Whitewater citations, in addition, shall specifically be issued by the Town of Whitewater Ordinance Enforcement Officer, the Town of Whitewater Boat Safety Patrol Officers, the Walworth County Sheriff or any Walworth County Deputy Sheriff.
C. 
The Town of Whitewater Town Board has designated the Town Chair, the Town Ordinance Enforcement Officer, the Town Boat Safety Patrol Officers, 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.
[1-10-2007 by Ord. No. 011007]
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.