[HISTORY: Adopted by the Common Council of the City of New
Lisbon 4-2-2001 as Title 1, Ch. 2, of the 2001 Code. Amendments noted where applicable.]
The City of New Lisbon 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.
The 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 New Lisbon
is on file in the City Clerk-Treasurer'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 as established according to the penalty provisions of § 1-4 of this Code on the deposit schedule established by the Chief of Police and approved by the Common Council, a copy of which is on file with the City Clerk-Treasurer.[1]
B.
The following State of Wisconsin schedules, 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 or certified check to
the Clerk of Circuit Court, who shall provide a receipt therefor.
Section 66.0113(3), Wis. Stats., relating to a violator's
options and procedure on default, is hereby adopted and incorporated
herein by reference.
A.
Other ordinances. 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.