[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:
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.[1]
(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.[2]
(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.[3]
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.
A.
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.
B.
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.
