[HISTORY: Adopted by the Village Board of the Village of
Dane 4-1-1996 as Title 1, Ch. 2, of the 1996 Code. Amendments noted where applicable.]
The Village of Dane hereby elects to use the citation method
of enforcement of ordinances. All Village officials and other Village
personnel charged with responsibility of enforcing the provisions
of this Code 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.
[Amended6-3-2019 by Ord.
No. 2019-01]
Citations authorized in § 35-1 above may be issued by law enforcement officers of the Village (including but not limited to law enforcement officers of the Dane County Sheriff's Office, through the Cooperative Agreement, Resolution 2018-03) and by the following designated Village officials with respect to sections of the Code which are directly related to the official's area of responsibility. The officials granted authority to issue citations under this section may delegate the authority to the other Village employees within the designated officials department with the approval of the Village Board.
[Amended 9-10-2012 by Ord. No. 2012-04]
The form of the citation to be issued by Village police officers
or other designated Village 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.
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 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 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.
(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.
(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.
H.
A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he read the statement required under Subsection G and shall send the signed statement with the cash deposit.
I.
Such other information as may be deemed necessary.
[Amended 9-10-2012 by Ord. No. 2012-04]
The cash deposits for the various ordinances for which a citation
may be issued are as established on the deposit schedule adopted by
the Village Board, a copy of which is on file with the Village Clerk-Treasurer.
In addition to the deposit amount listed, the deposit shall include
the costs, fees and surcharges imposed under Ch. 814, Wis. Stats.
The Chief of Police shall be provided a copy of all bond schedules
and amendments thereto.
Deposits shall be made in cash, money order, personal check
or certified check to the Clerk of the Municipal Court. Receipts shall
be given for all deposits received.
Section 66.0113(3), Wis. Stats., relating to the violator's
options and procedure on default, is hereby adopted and incorporated
herein by reference.
A.
Adoption of this chapter does not preclude the Village Board from
adopting any other ordinance providing for the enforcement of any
other law or ordinance relating to the same or other matters.
B.
The issuance of a citation hereunder shall not preclude the Village
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.
