[HISTORY: Adopted by the Town Board of the Town of Lake Tomahawk 5-10-2006.
Amendments noted where applicable.]
The title of this chapter is the "Town of Lake Tomahawk Citation Ordinance."
The purpose of this chapter is to authorize the Town Board of the Town of
Lake Tomahawk, or its designees, to issue citations for violations of Town
of Lake Tomahawk ordinances, including ordinances with statutory counterparts.
The Town Board of the Town of Lake Tomahawk has the specific authority
under § 66.0113, Wis. Stats., to adopt this chapter.
The Town Board of the Town of Lake Tomahawk, by this chapter, adopted
on proper notice with a quorum and by a roll call vote by a majority of the
Town Board present and voting, provides the authority for the Town of Lake
Tomahawk to issue citations for violations of Town of Lake Tomahawk ordinances,
including ordinances with statutory counterparts.
A.
The form for citations to be issued in the Town of Lake
Tomahawk by the Town Board, or its designees, for violations of Town of Lake
Tomahawk ordinances shall be as provided in this subsection and shall include
all of the following:
(1)
The name and address of the alleged violator.
(2)
The factual allegations describing the alleged violation.
(3)
The time and place of the offense.
(4)
The section of the ordinance violated.
(5)
A designation of the offense in a manner that can be
readily understood by a person making a reasonable effort to do so.
(6)
The time at which the alleged violator may appear in
court.
(7)
A statement that, in essence, informs the alleged violator
of all of the following:
(a)
That the alleged violator may make a cash deposit of
a specified amount to be mailed to a specified official within a specified
time.
(b)
That if the alleged violator makes a cash deposit, he
or she need not appear in court unless subsequently summoned.
(c)
That 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.
(d)
That 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 municipality
may commence an action against the alleged violator to collect the forfeiture,
plus costs, fees and surcharges imposed under Ch. 814, Wis. Stats.
(e)
That 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.
(8)
A direction that if the alleged violator elects to make
a cash deposit, the alleged violator shall sign an appropriate statement that
accompanies the citation to indicate that he or she read the statement required
under § 66.0113(1)(b)7, Wis. Stats., and shall send the signed statement
with the cash deposit.
(9)
Any other information as may be deemed necessary.
B.
The Town Board adopts the following schedule of cash
deposits that are required for the various Town of Lake Tomahawk ordinance
violations, which includes for each listed violation costs, fees and surcharges
imposed under Ch. 814, Wis. Stats. (See Exhibit B for a list of forfeitures.)[2]
[2]
Editor's Note: Exhibit B is on file in the office of the Town Clerk.
C.
The Town Board names the Clerk of Court of Oneida County
as the court official to whom cash deposits are to be made and require that
receipts be given for cash deposits.
D.
The Town Board requires that in actions for violations of Town of Lake Tomahawk ordinances enacted in accordance with § 23.33(11)(am) or § 30.77, Wis. Stats., the citation form specified in § 23.54, Wis. Stats., shall be used in lieu of the citation form noted above in Subsection A. Citation form used by the Town as specified in Subsection A is shown on the form attached hereto as Exhibit A.[3]
[3]
Editor's Note: Exhibit A is on file in the office of the Town Clerk.
A.
The Town of Lake Tomahawk citations may be issued by
the Town Board of the Town of Lake Tomahawk or the Town Board of the Town
of Lake Tomahawk may designate certain Town of Lake Tomahawk, Oneida County
or other municipal officials, with their written approval, to issue such citations.
B.
The Town of Lake Tomahawk citations, in addition, shall
specifically be issued by any law enforcement officer of the Oneida County
Sheriff's Office, the Fire Chief, Building Inspector, Plumbing Inspector,
Electrical Inspector, Health Officer, Animal Control or Human Health Officer,
Director of Public Works or Town Chairperson. The foregoing designation of
authority may be revoked at any time by the Town Board.
C.
The Town Board of the Town of Lake Tomahawk has designated
the Town Chairperson or any person approved by the Town Board to serve any
citations for the Town of Lake Tomahawk upon issuance. Any person specifically
authorized by the Town Board to issue citations by the Town Board of the Town
of Lake Tomahawk may also serve such citations and any law enforcement officer
may serve such citations.
The adoption and authorization for use of a citation under this chapter
does not preclude the Town Board of the Town of Lake Tomahawk from adopting
any other ordinance or providing for the enforcement of any other law or 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
does not preclude proceeding under any other ordinance or law relating to
the same or any other matter. Proceeding under any other ordinance or law
relating to the same or any other matter does not preclude the issuance of
a citation under this chapter.
