[12-13-2006]
The title of the ordinance from which this article is derived is the "Town of Whitewater Citation Ordinance." The purpose of this article is to authorize the Town Board of the Town of Whitewater, or its designees, to issue citations for violations of Town of Whitewater ordinances, including ordinances with statutory counterparts.
[12-13-2006]
The Town Board of the Town of Whitewater has the specific authority under § 66.0113, Wis. Stats., to adopt this article.
[12-13-2006]
The Town Board of the Town of Whitewater, by this article adopted on proper notice with a quorum and by a roll call vote by a majority of the Town Board present and voting, authorizes the Town of Whitewater to issue citations for violations of Town of Whitewater ordinances, including ordinances with statutory counterparts.
[12-13-2006]
A. 
Except as provided in Subsection A(5) of this section, the Town Board prescribes the form for citations to be issued in the Town of Whitewater by the Town Board, or its designees, for violations of Town of Whitewater ordinances. The form shall be as provided in this subsection and shall include all of the following:
(1) 
The name and address of the alleged violator.
(2) 
The factual allegations describing the alleged violation.
(3) 
The time and place of the offense.
(4) 
The section of the ordinance violated.
(5) 
A designation of the offense in a manner that can be readily understood by a person making a reasonable effort to do so.
(6) 
The time at which the alleged violator may appear in court.
(7) 
A statement that in essence informs the alleged violator of all of the following:
(a) 
That the alleged violator may make a cash deposit of a specified amount to be mailed to a specific official within a specified time.
(b) 
That if the alleged violator makes a cash deposit, he/she or she need not to appear in court unless subsequently summoned.
(c) 
That if the alleged violator makes a cash deposit and does not appear in court, he/she 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.
(d) 
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 and 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.
(e) 
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 damages 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.
(8) 
A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement that accompanies the citation to indicate that he/she or she read the statement required under § 66.0113(1)(b)7, Wis. Stats., and shall send the signed statement with the cash deposit.
(9) 
Any other information as may be deemed necessary.
B. 
To ensure uniformity and equal treatment of all persons who violate any of the Town Code of Ordinances, the deposit amounts set forth in the revised uniform state deposit schedules adopted by the Wisconsin Judicial Conference, as the same are amended from time to time, together with costs and surcharges, shall be the forfeitures imposed where the schedule states a deposit amount for a violation of statutory counterparts to the provisions of the Town Code of Ordinances. The Town Board adopts the schedule of deposits as set forth the deposit schedule that shall be kept on file with the Town Clerk.
C. 
The Town Board names the following court, clerk of court, or other official to whom cash deposits are to be made and require that receipts be given for cash deposits: Treasurer of Town of Whitewater, W8590 Willis Ray Road, Whitewater, WI 53190.
D. 
The Town Board requires that in actions for violations of Town of Whitewater ordinances enacted in accordance with § 23.33(11)(am) or 30.77, Wis. Stats., the citation form specified in § 23.54, Wis. Stats., shall be used in lieu of the citation form noted above in Subsection A.
A. 
The Town of Whitewater citations may be issued by the Town Board of the Town of Whitewater or the Town Board of the Town of Whitewater may designate certain Town of Whitewater, Walworth County, or other municipal officials, with their written approval, to issue such citations.
B. 
The Town of Whitewater citations, in addition, shall specifically be issued by the Town of Whitewater Ordinance Enforcement Officer, the Walworth County Sheriff or any Walworth County Deputy Sheriff.
C. 
The Town of Whitewater Town Board has designated the Town Chair, the Town Ordinance Enforcement Officer, the Sheriff of Walworth County, any deputies of the Sheriff, or any person approved by the Town Board to serve any citations for the Town of Whitewater upon issuance. Any person specifically authorized by the Town Board to issue citations by the Town Board of the Town of Whitewater may also serve such citations.
The adoption and authorization for use and citation under this article does not preclude the Town Board of the Town of Whitewater from adopting any other ordinance or providing for the enforcement of any other law or ordinance or providing for the enforcement of any other law or ordinance relating to the same or any other matter. The issuance of a citation under this article does not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter does not preclude the issuance of a citation under this article.
If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to this end, the provisions of this article are severable.