[HISTORY: Adopted by the Town Board of the Town of Cedarburg 1-2-1991 as Title 1, Ch. 2 of the 1991 Code. Amendments noted where applicable.]
The Town of Cedarburg hereby elects to use the citation method of enforcement of ordinances. All Town officers and other Town personnel charged with the responsibility of enforcing the provisions of this Code are hereby authorized pursuant to § 66.0113(1)(a), Wis. Stats., to issue citations for violations of this Code, including ordinances for which a statutory counterpart exists.
The citation shall contain (or have attached to it) the following:
The name and address of the alleged violator.
Factual allegations describing the alleged violation.
Time and place of the offense.
Section of the ordinance violated.
A description of the offense written in such a manner so as to be understood by a person making a reasonable effort to do so.
The date, time and place at which the alleged violator may appear in court.
A statement which, in essence, informs the alleged violator that:
A cash deposit based on the schedule established by the Town Board may be made which shall be delivered to the Ozaukee County Clerk of Courts 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 a cash deposit is made and the alleged violator does not appear in court the nonappearance will be deemed a plea of no contest for which a forfeiture, plus costs, fees and surcharges imposed under Ch. 814, Wis. Stats., not to exceed the amount of the deposit submitted, will be assessed, or, if the court does not accept the plea of no contest, a summons will be issued ordering the alleged violator to appear in court to answer the complaint.
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 Town may commence an action against the alleged violator to collect the forfeiture, plus costs, fees, and surcharges imposed under Ch. 814, Wis. Stats.
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.
The cash deposits for the various ordinances for which a citation may be issued are as established on the schedule of cash deposits adopted by the Town Board, a copy of which is on file with the Town Clerk.
Section 66.0113(3), Wis. Stats., relating to the violator's options and procedure on default is hereby adopted and incorporated herein by reference.
Adoption of this chapter in no way precludes the adoption of any other 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 chapter in no way precludes the proceeding under any other law or ordinance relating to the same or any other matter.