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Village of Shorewood, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Shorewood as Ch. 13, Art. 14 of the 1986 Code. Amendments noted where applicable.]
[Amended 11-21-1988 by Ord. No. 1538]
Pursuant to the authority of § 66.0113, Wis. Stats., the Village of Shorewood hereby elects to use the citation method of enforcement of ordinances, including ordinances for which a statutory counterpart exists.
A citation issued hereunder shall provide for the following:
The name and address of the alleged violator.
The factual allegations describing the alleged violation.
The time and place of the offense.
The section of the ordinance violated.
A designation of the offense in such manner as can be readily understood by a person making a reasonable effort to do so.
The time at which the alleged violator may appear in court.
A statement which, in essence, informs the alleged violator that:
A cash deposit based upon the schedule established under this chapter may be made and shall be delivered or mailed to the Shorewood Police Department prior to the time of the scheduled court appearance.
If a cash deposit is made, no appearance in court is necessary unless subsequently summoned.
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.[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 Village may commence an action against the alleged violator to collect the forfeiture, plus costs, fees, and surcharges imposed under Ch. 814, Wis. Stats.[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A direction that if the alleged violator elects to make a cash deposit, the statement which accompanies the citation shall be signed by the alleged violator to indicate that the statement required under Subsection G hereof has been read. Such statement shall be sent or brought to the Shorewood Police Department with the cash deposit.
Such other information as the Village deems necessary.
The form of the citation is attached hereto and is incorporated by reference into this chapter. A reasonable facsimile thereof shall be acceptable and may be used.
The schedule of cash deposits shall be as established under Village Resolution No. 85-07 and Village Resolution No. 86-11 for use with citations issued under this chapter.
Who may issue. Any law enforcement officer or community service officer of the Village may issue citations for enforcement of any ordinances authorized under this chapter. Further, humane officers licensed by the State of Wisconsin are hereby authorized to issue Village citations to those Village residents who do not license their dogs or cats as required by the Village Code.[1] In addition, citations may also be issued by other Village officials with respect to ordinances under their jurisdiction which are directly related to the duties and responsibilities of such Village officials. Such Village officials shall have the authority to delegate the power to issue such citations covering matters within their jurisdiction to other members of their department. Authority delegated hereunder to issue citations shall be revoked in the same manner by which it is conferred.
Editor's Note: See Ch. 192, Animals.
Jurisdiction. The issuance of a citation by a person authorized to do so under Subsection A hereof shall be deemed adequate process to give the Shorewood Municipal Court, or any other appropriate court, jurisdiction over the subject matter of the offense for the purpose of receiving cash deposits, if directed to do so, and for the purposes set forth in § 22-6 hereof; provided, however, that if the action is to be in Municipal Court, the citation under § 800.02(2), Wis. Stats., shall be used.
Section 66.0113(3), Wis. Stats., relating to a violator's options and procedure on default, is hereby adopted and incorporated herein by reference.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).