[HISTORY: Adopted by the Village Board of the Village of Argyle 12-7-2005 as Title 1, Ch. 2, of the 2005 Village Code. Amendments noted where applicable.]
The Village of Argyle hereby elects to use the citation method of enforcement of ordinances. All Village officers and other Village personnel charged with responsibility of enforcing the provisions of this Code are hereby authorized, pursuant to § 66.0113, Wis. Stats., to issue citations for violations of this Code, including ordinances for which a statutory counterpart exists.
In addition to citation issuance by Village law enforcement officers, citations authorized in § 18-1 above may be issued by the following officials in their areas of responsibility:
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:
The name, address, date of birth and physical description of the alleged violator.
The factual allegations describing the alleged violation.
The date and place of the offense.
The section of the ordinance violated.
A designation of the offense in such manner as can be readily understood by a person making a reasonable effort to do so.
The time at which the alleged violator may appear in court.
A statement which in essence informs the alleged violator:
That the alleged violator may make a cash deposit of a specified amount to be mailed to a specified official within a specified time;
That if the alleged violator makes such a deposit, he/she need not appear in court unless subsequently summoned;
That if the alleged violator makes a cash deposit and does not appear in court, he/she will be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment imposed by § 165.87, Wis. Stats., and court costs as imposed by § 800.10, 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; and
Editor's Note: Act 9 of 1999, §§ 2290v to 2298, effective October 29, 1999, renumbered subsecs. (1)(a), (bn) and (2) of § 165.87 as §§ 757.05(2)(a), 16.964(4) and 757.05(1), respectively, and repealed the rest of the section.
That if the alleged violator does not make a cash deposit and does not appear in court at the time specified, an action may be commenced against the alleged violator to collect the forfeiture and the penalty assessment imposed by § 165.87, Wis. Stats.
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/she read the statement required under Subsection G and shall send the signed statement with the cash deposit.
Such other information as may be deemed necessary.
The schedule of 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 must include a penalty assessment imposed by § 165.87, Wis. Stats., and court costs as imposed by § 800.10, Wis. Stats. The Chief of Police shall be provided a copy of all bond schedules and amendments thereto.
Editor's Note: Act 9 of 1999, §§ 2290v to 2298, effective Oct. 29, 1999, renumbered subsecs. (1)(a), (bn) and (2) of § 165.87 as §§ 757.05(2)(a), 16.964(4) and 757.05(1), respectively, and repealed the rest of the section.
Deposits shall be made in cash, money order, personal checks or certified check to the Clerk of Court. Receipts shall be given for all deposits received.
Section 66.0113, Wis. Stats., relating to a violator's options and procedure on default, is hereby adopted and incorporated herein by reference.
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.
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.