[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:
A.
The name,
address, date of birth and physical description of the alleged violator.
B.
The factual
allegations describing the alleged violation.
C.
The date
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/she 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/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.,[1] 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
[1]
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757.05(1), respectively, and repealed the rest of the section.
(4)
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.
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/she 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.
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.,[1] 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.
[1]
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.
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.
