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;
I. Such other information as the Town deems necessary.
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.
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.