[HISTORY: Adopted by the Common Council of
the City of Bayfield 4-1-1992 (§§ 1-2-1 through 1-2-7
of the 1992 Code of Ordinances). Amendments noted where applicable.]
The City of Bayfield hereby elects to use the
citation method of enforcement of ordinances. All City law enforcement
officers and other City personnel charged with the responsibility
of enforcing the provisions of this Code of the City of Bayfield 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 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 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 Bayfield County Clerk of Courts prior to the time of the scheduled
court appearance.
(2)
That if a deposit is made, no appearance in court
is necessary unless he is subsequently summoned.
(3)
That, if the alleged violator makes a cash deposit
and does not appear in court, he 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)
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 City 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)
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.[3]
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 A above has been read. Such statement shall be sent or brought with the cash deposit.
I.
Such other information as the City deems necessary.
The form of the citation to be used by the City
of Bayfield is on file in the City Clerk's office and is adopted by
reference as though fully set forth herein.
A.
The schedule of cash deposits shall be established
for use with citations issued under this chapter by the Common Council
according to the penalty provision of this Code. Such schedule of
cash deposits shall be as established in Supplement A.[1]
[1]
Editor's Note: Current copies of Supplement
A, Schedule of Cash Deposits, and Supplement B, Notice, are on file
in the office of the City Clerk.
Section 66.0113(3), Wis. Stats., relating to
violator's options and procedure on default, is hereby adopted and
incorporated herein by reference.
A.
Other ordinance. Adoption of this chapter does not
preclude the Common Council from adopting any other ordinance or providing
for the enforcement of any other law or ordinance relating to the
same or other matter.
B.
Other remedies. The issuance of a citation hereunder
shall not preclude the City 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.
[Added 8-19-2020 by Ord.
No. 400]
A.
Authority. Pursuant to the authority of Chapters 252, Wisconsin Statutes,
the City of Bayfield Common Council does hereby establish an ordinance
regarding enforcement of orders issued by Local Health Officers. The
provisions and definitions of §§ 252.01 to 252.25,
Wis. Stats., and DHS Ch. 145, Wis. Adm. Code, as they may be from
time-to-time amended, are adopted by reference and incorporated into
this section as if fully set forth herein.
B.
Violations. Any person who willfully violates or obstructs the execution
of any Local Health Officer order issued under Ch. 252, Wis. Stats.,
and/or DHS Ch. 145, Wis. Adm. Code, relating to the public health,
for which no other penalty prescribed, shall, in addition to being
subject to all other legal and equitable actions and relief available
to the City of Bayfield, be subject to a forfeiture of not more than
$200 for each violation.
[Added 8-19-2020 by Ord.
No. 400]
A.
Authority. Pursuant to the authority of Chapters 323, Wisconsin Statutes,
the City of Bayfield Common Council does hereby establish an ordinance
regarding enforcement of orders issued by the Governor or the designated
agency to lead emergency response and emergency orders issued by the
City of Bayfield. The provisions and definitions of Ch. 323, Wis.
Stats, as they may be from time-to-time amended, are adopted by reference
and incorporated into this section as if fully set forth herein.
B.
Violations. Whoever intentionally fails to comply with an order issued
by an agent of the state or of a local unit of government who is engaged
in emergency management activities under this chapter, including training
exercises, is subject to a forfeiture of not more than $200.
