Pursuant to the authority granted by § 66.0113, Wis.
Stats., the use of a citation to be issued for violations of ordinances
other than those for which a statutory counterpart exists is hereby
authorized.
Citations authorized in §
18-1 above may be issued by law enforcement officers of the Village and by the following designated Village officials with respect to sections of the Code which are directly related to the official's area of responsibility. The officials granted authority to issue citations under this section may delegate the authority to other Village employees within the designated official's department with the approval of the Village Board:
The form of the citation to be issued by Village law enforcement
officers or other designated Village officials is incorporated herein
by reference and shall provide for the following information:
A. The name and address of the alleged violator.
B. The factual allegations describing the alleged violation.
C. The date 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.
G. A statement which in essence informs the alleged violator:
(1) That the alleged violator may make a cash deposit of a specified
amount to be mailed to a specified official within a specified time.
(2) That if the alleged violator makes such a deposit, he need not appear
in court unless 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.
(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.
(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.
H. A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he read the statement required under Subsection
G and shall send the signed statement with the cash deposit.
I. Such other information as may be deemed necessary.
The schedule of cash deposits for the various ordinances for
which a citation may be issued is as established on the deposit schedule
adopted by the Village Board, a copy of which is on file with the
Village Clerk-Treasurer. In addition to the deposit amount listed,
the deposit must include costs, fees and surcharges imposed under
Ch. 814, Wis. Stats.
Deposits shall be made in cash, money order or certified check
to the Clerk of Court of the Village of Bear Creek Municipal Court.
Receipts shall be given for all deposits received.
Section 66.0113(3), Wis. Stats., relating to violator's options
and procedure on default, is hereby adopted and incorporated herein
by reference.