[HISTORY: Adopted by the Town Board of the Town of Wescott 7-11-1995 by Ord. No. 95-11. Amendments noted where applicable.]
This chapter repeals prior Ord. No. 2-81 due to the extensive changes to § 66.0113, Wis. Stats., since original adoption. Through use of the citation method, the Town will have the option of proceeding against violators of Town ordinances through an efficient enforcement method that minimizes the need for active oversight by the Town Attorney, thereby reducing Town costs. However, the Town reserves the right to proceed otherwise when remedies sought are appropriate, such as complaint for injunction.
This chapter enacted pursuant to § 66.0113, Wis. Stats., allows the Town to use the option of citation for those ordinances set forth herein, and also for any separate ordinance wherein citation is authorized.
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 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 or other Town ordinance may be made which shall be delivered or mailed to the Clerk of Court prior to the time of the scheduled court appearance.
(2) 
That if a deposit is made, no appearance in court is necessary unless the defendant is 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. I)]
(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. here.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(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. I)]
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;[1]
[1]
Editor's Note: Original Subsection I, which immediately followed this subsection, now appears as Subsection G(5).
I. 
Such other information as the Town deems necessary.
A. 
The cash deposits for the various ordinances for which a citation may be issued are as established on the deposit schedule adopted by the Town Board, a copy of which is on file with the Town Clerk.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Deposits shall be made in cash, money order or certified check to the Clerk of Circuit Court who shall provide a receipt therefor.
The Enforcement Officer or Chairperson may issue citations with respect to those specified ordinances which are directly related to his/her official responsibilities. In any particular ordinance, another specified officer may be authorized. Where appropriate, such as traffic and water enforcement, the DNR or Sheriff's Department personnel may also enforce.
Section 66.0113(3), Wisconsin Statutes, relating to violator's options and procedures on default is hereby adopted and incorporated by reference.
A. 
Other ordinance. Adoption of this chapter does not preclude the Town Board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matters.
B. 
Other remedies. The issuance of a citation hereunder shall not preclude the Town Board or any authorized office from proceedings under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.
If any provision of this chapter is invalid or unconstitutional, or if the application of this chapter to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the provisions or applications of this chapter which can be given effect without the invalid or unconstitutional provision or application.
This chapter shall take effect upon its passage and publication on posting as provided by law. The foregoing ordinance was adopted at a regular meeting of the Town Board of the Town of Wescott on July 11, 1995.