Town of Genesee, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Genesee 1-10-1983. Amendments noted where applicable.]
The statutory provisions of §§ 66.0109, 66.0113, 66.0114 and 345.20 to 345.53 and Ch. 799, Wis. Stats., are adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this chapter in order to secure uniform statewide regulation, issuance, and enforcement of traffic and municipal ordinance violations. Further, the Town of Genesee elects to use the citation method of enforcement of Town ordinances described herein, other than those for which a statutory counterpart exists.
A. 
All Town of Genesee citations shall fulfill all applicable statutory requirements of notice and form as outlined in the above-adopted statutes.
B. 
The Town of Genesee may elect to utilize the Wisconsin Uniform Municipal Citation form as printed by the State of Wisconsin or any other form which fulfills the applicable statutory requirements.
C. 
The Town of Genesee shall elect to utilize the Wisconsin Uniform Traffic Citation as printed by the State of Wisconsin for all traffic enforcement actions.
A. 
The amount of the cash deposit required for particular offenses shall be established within the penalty section of each individual ordinance or shall be established by a schedule of cash deposit amounts that may be adopted from time to time by the Town Board by separate resolution.
[Amended 8-14-2000 by Ord. No. 00-3]
B. 
If a schedule of cash deposits has not been established for a specific violation, the issuing official shall require the alleged offender to deposit not less than the maximum forfeiture permitted hereunder.
C. 
All applicable current penalty assessment charges and current court costs shall be added to any cash deposit.
D. 
All cash deposits shall be made in cash, money order or certified check to the Clerk of the Circuit Court for Waukesha County, who shall provide a receipt pursuant to state statute. If the cash deposit is mailed, the signed statement requested by Wisconsin Statutes shall be mailed with the cash deposit.
[Amended 8-14-2000 by Ord. No. 00-3]
A. 
Law enforcement officers. Any law enforcement officer, including but not limited to the Village of North Prairie Police Department officers and the Waukesha County Sheriff's Department officers and deputies, may issue citations for any Town of Genesee ordinance violation.
B. 
Town officials.
(1) 
The following Town officials may issue citations with respect to those specified ordinances which are directly related to their official duties and responsibilities:
Ordinance Title
Enforcement Official
Building Code
Building Inspector
Electrical and Plumbing Code
Building Inspector
Subdivision Control
Town Board
Liquor Control Ordinance
Town Board
Burning Permits
Town Board
(2) 
All other ordinances not enumerated herein may be enforced by the Town Board or its duly appointed representatives.
A. 
Other ordinance. Adoption of this chapter does not preclude the Town Board 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 Town Board or any authorized office from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.
A. 
Enforcement procedure. The statutory provisions of §§ 66.0109, 66.0113, 66.0114 and 345.20 to 345.53 and Ch. 799, Wis. Stats., are adopted and by reference made a part of this section as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this section. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this section in order to secure uniform statewide regulation and enforcement of traffic and municipal ordinance violations. Further the Town of Genesee specifically elects to use the citation method of enforcement.
B. 
Deposit.
(1) 
Any person arrested for a violation of the Code may make a deposit of money as directed by the arresting officer at the Town Hall offices or at the office of the Clerk of Court or by mailing the deposit to such places. The arresting officer or the person receiving the deposit shall notify the arrested person, orally or in writing, that:
(a) 
If he fails to appear in court at the time fixed in the citation, he will be deemed to have tendered a plea of no contest and submitted to a forfeiture plus costs not to exceed the amount of the deposit; or
(b) 
If he fails to appear in court at the time fixed in the citation, and if the court does not accept the deposit as a forfeiture, he will be summoned into court to answer the complaint.
(2) 
For violations of Chapter 535, Vehicles and Traffic, Article III, Traffic and Parking Regulations, the amount of the deposit shall be as set forth in § 535-13 and shall include the penalty assessment established under § 757.05, Wis. Stats., and costs. If a deposit schedule has not been established, the arresting officer shall require the alleged offender to deposit not less than the maximum forfeiture permitted under Chapter 535, Article III.
(3) 
The arresting officer or the person receiving the deposit shall issue the arrested person a receipt therefor as required by § 345.26(3)(b), Wis. Stats.
C. 
Stipulation of no contest. Any person charged with a violation of this Code, except §§ 346.62(1) and 346.63(1), Wis. Stats., may make a stipulation of no contest pursuant to § 345.27, Wis. Stats., which shall be received at the Town Hall offices or the office of the Clerk of Court within 10 days of the date of the alleged violation. Such person shall, at the time of entering into the stipulation, make the deposit required under Subsection B if he has not already done so. A person who has mailed or filed a stipulation under this subsection may, however, appear in court on the appearance date and may be relieved from the stipulation for cause shown as required in § 345.37, Wis. Stats.
D. 
Issuance of citations. All sections of this Code shall be enforced by a law enforcement officer or the Town Board's duly appointed representatives.
E. 
Nonexclusivity.
(1) 
Other ordinances. Adoption of this section does not preclude the Town Board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter.
(2) 
Other remedies. The issuance of a citation hereunder shall not preclude the Town Board or any authorized office from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.
F. 
Traffic violation and registration program.
(1) 
General. The Department of Transportation will be asked to suspend the registration on the vehicle involved or suspend the registration on any vehicle owned by any person who fails to respond to a nonmoving traffic violation either by paying the fine or appearing in court within 28 days after the issuance of a citation for said violation. Any such suspension will remain in effect until said citation plus applicable costs is satisfied.
(2) 
Collection of forfeitures for nonmoving traffic violations; state procedures adopted.
(a) 
Definition. A nonmoving traffic violation is any parking of a vehicle in violation of a statute or an ordinance.
(b) 
Statutes adopted. The procedure provided for in §§ 345.28 and 345.34 to 345.47, Wis. Stats., inclusive, is hereby specifically adopted and shall be followed in actions to recover forfeitures for nonmoving traffic violations, as defined in Subsection F(2)(a) above.
(c) 
Increased bond amounts and costs assessed.
[1] 
The original bond amount for violation of any nonmoving traffic regulation shall increase if not paid within seven days of issuance as noted on the traffic citation parking ticket and as approved by the Town Board.
[2] 
The Town of Genesee Board shall further have the authority to determine the administrative costs of enforcement in collection of forfeitures for nonmoving traffic violations under this section, from time to time as may be necessary to adjust the same, and shall keep the court informed of the same, which court shall assess the same against violators and cause such to be collected along with stipulations, but in no event shall such costs be less than the amounts previously noted herein.
(3) 
Registration record of vehicle as evidence. When any vehicle is found upon a street or highway in violation of any provision of Chapter 535, Article III, regulating the stopping, standing or parking of vehicles and the identity of the operator cannot be determined, the owner as shown by the ownership registration of the vehicle supplied by the Wisconsin Department of Transportation, or a comparable authority of any other state, shall be deemed to have committed the violation for purposes of enforcement of Chapter 535, Article III, and shall be subject to the applicable forfeiture penalty, provided that the defenses defined and described in § 346.485(5)(b), Wis. Stats., shall be a defense for an owner charged with such violation.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).