[HISTORY: Adopted by the Town Board of the Town of Vinland
as Title 1, Ch. 2, of the 2004 Code. Amendments noted where applicable.]
The Town of Vinland hereby elects to use the citation method
of enforcement of ordinances. All Town personnel charged with the
responsibility of enforcing the provisions of this Code are hereby
authorized, pursuant to § 66.0113(a), Wis. Stats., to issue
citations for violations of this Code, including ordinances for which
a statutory counterpart exists.
The citation shall contain the following:
A.
The name and address of the alleged violator.
B.
Factual allegations describing the alleged violation.
C.
The time and place of the offense.
D.
The section of the ordinance and/or state statute violated.
E.
A designation of the offense in such manner as can readily be 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:
(1)
That a cash deposit based on the schedule established by this chapter
may be made, which shall be delivered or mailed to the Town Clerk
prior to the time of the scheduled court appearance.
(2)
That, if a deposit is made, no appearance in court is necessary unless
he/she is subsequently summoned.
(3)
That, if a cash deposit is made and the alleged violator does not
appear in court, he will deemed to have entered a plea of no contest
or, if the court does not accept the plea of no contest, a summons
will be issued commanding him to appear in court to answer the complaint.
(4)
That, if no cash deposit is made and the alleged violator does not
appear in court at the time specified, an action may be commenced
to collect the forfeiture.
H.
A direction that, if the alleged violator elects to make a cash deposit, the statement which accompanies the citation shall be signed to indicate that the statement required under Subsection G above has been read. Such statement shall be sent or brought with the cash deposit.
I.
Such other information as the Town deems necessary.
The form of the citation to be issued by law enforcement officers
or other designated Town officials is incorporated herein by reference
and shall provide for the following information:
A.
The name and address of the alleged violator.
B.
The factual allegations describing the alleged violation.
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:
(1)
That the alleged violator may make a cash deposit of a specified
amount to be mailed to a specified official within a specified time.
(2)
That, if the alleged violator makes such a deposit, he/she need not
appear in court unless subsequently summoned.
(3)
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.[2]
(4)
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.[3]
(5)
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 a 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.[4]
H.
A direction that, if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement required under Subsection G and shall send the signed statement with the cash deposit.
I.
Such other information as may be deemed necessary.
A.
The schedule of cash deposits shall be established by the Town Board
for use with citations issued under this chapter according to the
penalty provision of this Code, a copy of which is on file with the
Town Clerk.
B.
Deposits shall be made in cash, money order or certified check to
the Clerk of Courts, who shall provide a receipt therefor.
Section 66.119(3), Wis. Stats., relating to violator's option
and procedure on default is hereby adopted and incorporated herein
by reference.
A.
Other ordinance. Adoption of this chapter does not preclude the Town
Board from adopting any other ordinance or providing for the enforcement
of any other law or ordinance, including, but not limited to, summons
and complaint, relating to the same or other matter.
B.
Other remedies. The issuance of a citation hereunder shall not preclude
the Town or any authorized officer from proceeding under any other
ordinance or law or by any other enforcement method to enforce any
ordinance, regulation or order.
