[HISTORY: Adopted by the Village Board of the Village of Birnamwood 2-11-2013 by Ord. No. 02-13-01. Amendments noted where applicable.]
The Village hereby elects to use the citation method of enforcement of ordinances. All Village law enforcement officers and other Village personnel charged with the responsibility of enforcing the provisions of this Code are hereby authorized to issue citations for violations of this Code, including ordinances for which a statutory counterpart exists.
The Village Board of the Village of Birnamwood, Wisconsin, has the specific authority under § 66.0113, Wis. Stats., to adopt this chapter. This chapter, adopted by a majority of the Village Board on a roll call vote with a quorum present and voting and proper notice having been given, provides the authority for the Village to issue citations for violations of the Village of Birnamwood ordinances, including ordinances with statutory counterparts.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The citation shall provide for the information required in § 66.0113(1)(b), Wis. Stats.
The form of the citation to be used by the Village is on file in the Village Clerk-Treasurer's office and is adopted by reference as fully as if set forth in this section.
A schedule of cash deposits may be established for use with citations issued under this chapter of the Code by adoption of a resolution by the Village Board according to penalty provisions of this Code or the Wisconsin Statutes, whichever is applicable. In the absence of a scheduled or statutorily mandated deposit amount for a particular violation, the deposit amount shall be $100 plus applicable court costs and assessments. Deposits shall be made in cash, money order, or certified check made payable to the Shawano County Clerk of Circuit Court, who shall provide a receipt therefor.
Section 66.0113, Wis. Stats., and any amendments thereto, relating to violator's options and procedure on default, is hereby adopted and incorporated herein by reference.
A. 
Other ordinance. Adoption of this chapter does not preclude the Village Board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter.
B. 
Other remedies. The issuance of a citation under this chapter shall not preclude the Village Board or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.
The provisions of § 66.0119, Wis. Stats., shall govern the issuance of all special inspection warrants.
A. 
Pursuant to § 893.93(2)(b), Wis. Stats., any action to recover a forfeiture or penalty imposed by ordinance or regulation, when no other limitation is prescribed by law, shall be commenced within two years of the violation. In those situations in which there occurs a continuing violation in existence for more than two years prior to the issuance of the citation and wherein each day the violation exists continues to constitute a separation offense, no penalty may be imposed for each day a violation occurs more than two years prior to the issuance of the citation; a penalty may be imposed, however, for each day of the violation occurring within a two-year period prior to the issuance of the citation.
B. 
State law references include: penalty for violation of ordinances, § 66.0109, Wis. Stats.; bail generally, § 66.0111, Wis. Stats.; outstanding unpaid forfeitures, § 66.0115, Wis. Stats.; actions for violations of municipal ordinances, § 66.0114, Wis. Stats.; collection of forfeitures generally, § 778.10, Wis. Stats.
If any provision of this chapter is deemed invalid or unconstitutional, or if the application of this chapter to any person or circumstances is found invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the provisions or application of this chapter which can be given effect without the invalid or unconstitutional provision or application.
All ordinances and parts of ordinances in conflict herewith are hereby repealed.
This chapter shall take effect and be in full force and effect as provided by law.