[HISTORY: Adopted by the City Council of
the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 as Title 1, Ch. 2
of the 2001 Code. Amendments noted where applicable.]
A.
The City of Weyauwega 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 Ordinances are hereby authorized pursuant
to § 66.0113(2)(a), Wis. Stats., to issue citations for
violations of this Code of Ordinances, including ordinances for which
a statutory counterpart exists.
B.
The City of Weyauwega is authorized to use and shall
employ citation forms, such citations to conform to governing state
statutes for traffic and municipal ordinance regulation, to charge
violations of ordinances, including but not limited to ordinances
for which statutory counterparts exist, as well as all municipal violations
subject to prosecution in court and all adopted State Traffic Code
violations, municipal building, housing, zoning or regulatory ordinances
and all other violations providing for penalty by forfeiture. It is
the intent of this section that no complaint forms be required unless
required to be attached to a summons when effecting service of process
alternative to personal service or as otherwise specifically required
by state law.
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
that:
(1)
A cash deposit based on the schedule established by
this chapter may be made which shall be delivered or mailed to the
Clerk of Circuit Court or Chief of Police prior to the time of the
scheduled court appearance.
(2)
If a deposit is made, no appearance in court is necessary
unless he/she is subsequently summoned.
(3)
If a cash deposit is made and the alleged violator
does not appear in court, he/she will be 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/her to appear in
court to answer the complaint.
(4)
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.
(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.[1]
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 City deems necessary.
The form of the citation to be used by the City
of Weyauwega is on file in the City Administrator's office and is
adopted by reference as though fully set forth herein.
A.
The cash deposits for the various ordinances for which a citation may be issued are set forth on the deposit schedule established by the Chief of Police and approved by the City Council according to the penalty provisions of § 1-3 of this Code, a copy of which schedule is on file with the City Administrator.[1]
B.
The State of Wisconsin Revised Uniform State Traffic
Deposit Schedule, and Alcohol Beverages, Harassment and Safety Violations
Deposit Schedule, and Uniform Misdemeanor Bail Schedule, and Trespass
to Land Deposit Schedule, including future amendments, revisions or
modifications, are adopted for all violations of state statutes adopted
by this Code of Ordinances and statutory counterpart ordinances adopted
by this Code of Ordinances.
C.
Deposits shall be made in cash, money order, certified
check or personal check to the Clerk of Circuit Court who shall provide
a receipt therefor.
State laws which describe the procedures to
be followed before, during, and after a citation is written, and state
laws which cities have the option of adopting with respect to procedures
to be followed before, during, and after a citation is written, including
provisions which relate to an alleged violator's options and procedure
on default, are hereby adopted and incorporated herein by reference.
A.
Other ordinance. Adoption of this chapter does not
preclude the City 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.
