Pursuant to § 66.0113, Wis. Stats., the Town Board
hereby elects to use the citation method of enforcement of Town ordinances
described herein or in a separate ordinance, including those for which
a statutory counterpart exists.
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 chapter
or other Town ordinance may be made which shall be delivered or mailed
to the Clerk of the City of Seymour/Town of Seymour Joint Municipal
Court prior to the time of the scheduled court appearance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2) That if a deposit is made, no appearance in court is necessary unless
the defendant is subsequently summoned.
(3) That if a cash deposit is made and the alleged violator does not
appear in court, he or she will be deemed to have entered a plea of
no contest and submitted to a forfeiture with applicable penalty assessment,
or, if the court does not accept the plea of no contest, a summons
will be issued commanding him or her to appear in court to answer
the complaint.
(4) That if no cash deposit is made and the alleged violator does not
appear in court at the time specified, the court may issue a summons
or warrant for the defendant's arrest or consider the nonappearance
to be a plea of no contest and enter judgment, or an action may be
commenced to collect the forfeiture.
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. A statement 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 property damage or physical
injury to a person other than the alleged violator, the court may
summon the defendant into court to determine if restitution shall
be ordered under § 800.093, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
J. Such other information as the City/Town deems necessary.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The schedule of cash deposits for use with citations issued
under this chapter shall be established by the Town Board and on file
with the Town Clerk. Deposits shall be made in cash, money order or
certified check to the Clerk of the City of Seymour/Town of Seymour
Joint Municipal Court who shall provide a receipt therefor.
The following officials may issue citations with respect to
those specified ordinances which are directly related to their official
responsibilities:
Ordinance Title
|
Enforcement Official
|
---|
Zoning Ordinance
|
Building Inspector, Town Board (Chair and Supervisors) and Town
Constable
|
Town ordinances
|
Town Board (Chair and Supervisors) and Town Constable
|
Section 66.0113(3), Wis. Stats., relating to a 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 on posting
as provided by law.