[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:
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 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
that:
(1) 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.
(2) If a cash deposit is made, no appearance in court is
necessary unless subsequently summoned.
(3) 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.
(4) 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.
(5) 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.
H. 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.
I. 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.
Section 66.0113(3), Wis. Stats., relating to a violator's options and
procedure on default, is hereby adopted and incorporated herein by reference.