[HISTORY: Adopted by the Village Board of the Village of Fox Crossing 7-13-2020 by Ord. No. 200713-1.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter derives from § 4.17 of the former Municipal Code.
The Village of Fox Crossing in the exercise of its police powers hereby adopts, pursuant to § 66.0113, Wis. Stats., the use and authorization to use the standard or uniform citation prescribed herein for ordinance violations (non-traffic) other than those for which a statutory counterpart exists.
Adopted herein by reference in its entirety is § 26-3, Stipulations and deposits in Municipal Court, of this Code and in particular the requirement that the Municipal Court, with the approval of the Village Board, establish a schedule of deposits for violation of Village ordinances, resolutions, and bylaws, except in traffic cases and boating violation cases.
It is hereby prescribed that the form of the citation shall contain the following:
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.
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 and a statement describing whether the appearance is mandatory.
G. 
A statement which in essence informs the alleged violator that:
(1) 
He or she may make a cash deposit based on the schedule established in this chapter to be delivered or mailed to the office of the Village of Fox Crossing Police Department or the Municipal Judge for the Village of Fox Crossing prior to the time of a scheduled court appearance.
(2) 
If the alleged violator makes such a deposit, he or she need not appear in court unless appearance is mandated by the court or he or she is subsequently summoned.
(3) 
If he or she does not make a cash deposit and does not appear in court, he or she will be deemed to have tendered a plea of no contest and submitted to a forfeiture not to exceed the amount of the deposit, or he or she will be summoned into court to answer the complaint if the court does not accept the plea of no contest.
(4) 
If no cash deposit is made and he or she does not appear in court at the time specified, action might be commenced to collect the forfeiture.
(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 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.
H. 
A direction that if the alleged violator elects to make a cash deposit, he or she shall sign an appropriate statement which accompanies the citation to indicate that he or she read the statement required under Subsection G of this section and shall send the signed statement with the cash deposit.
I. 
Such other information as may be deemed necessary.
A. 
Law enforcement officers of the Village of Fox Crossing may issue citations authorized under this chapter.
B. 
The following officials are authorized to issue citations for violations of those ordinances which are directly related to their official responsibilities:
(1) 
Deputy Chief/Fire Marshal or Fire Chief.
(2) 
Building Official, Assistant Building Official, and Code Enforcement Officer.
C. 
The issuance of a citation by a person authorized to do so under this section shall be deemed adequate process to give the appropriate court jurisdiction over the subject matter of the offense for the purpose of receiving cash deposits, if directed to do so, and for the purposes of § 66.0113(3)(b) and (c), Wis. Stats. Issuance and filing of a citation does not constitute commencement of an action. Issuance of a citation does not violate § 946.68, Wis. Stats.
Section 66.0113(3), Wis. Stats., relating to a violator's options and procedure on default, is hereby adopted and incorporated herein by reference.
The adoption and authorization for use of a citation under this chapter shall not preclude the governing body from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or any other matters. The issuance of a citation under this chapter shall not preclude the proceeding under any other ordinance or law relating to the same or any other matter. The proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this chapter.