The Village of Sullivan hereby elects to use the citation method
of enforcement of ordinances. All Village officers and other Village
personnel charged with responsibility of enforcing the provisions
of the Village Code are hereby authorized, pursuant to § 66.0113,
Wis. Stats., to issue citations for violations of the Village Code,
including ordinances for which a statutory counterpart exists.
In addition to citation issuance by the County Sheriff's Department officers, citations authorized in §
29-1 above may be issued by the following officials in their areas of responsibility:
D. A Village Trustee(s) and/or Village President annually designated
by majority vote of the Village Board.
E. Fire Department
personnel.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
F. The Jefferson
County Sheriff's Department, per Village vote.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
The form of the citation to be issued is incorporated herein
by reference and shall provide for the following information:
A. The name and address of the alleged violator;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B. The factual allegations describing the alleged violation;
C. The time and place of the offense;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
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/she 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;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(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.;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(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. III)]
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/she 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The cash deposits for the various ordinances for which a citation
may be issued are 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 shall include
the costs, fees and surcharges imposed under Ch. 814, Wis. Stats.
Village law enforcement authorities shall be provided a copy of all
bond schedules and amendments thereto.
Deposits shall be made in cash, money order, personal checks
or certified check to the Clerk of Court or Village office. Receipts
shall be given for all deposits received.
Section 66.0113, Wis. Stats., relating to violator's options
and procedure on default, is hereby adopted and incorporated herein
by reference.