Town of Barton, WI Chapter 23 Citations

[HISTORY: Adopted by the Town Board of the Town of Barton 7-19-2011 by Ord. No. 11-002. Amendments noted where applicable.]

§ 23-1 Title; purpose.

A. The title of this chapter is the "Town of Barton Citation Ordinance."

B. The purpose of this chapter is to authorize the Washington County Sheriff's Department and Town Board members to issue citations for violations of the Town of Barton ordinances, including ordinances with statutory counterparts.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 23-2 Statutory authority.

The Town Board of the Town of Barton, Washington County, Wisconsin, has the specific authority under § 66.0113, Wis. Stats., to adopt this chapter.

§ 23-3 Scope.

This chapter, adopted by a majority of the Town Board on a roll call vote with a quorum present and voting and proper notice having been given, provides the authority for the Town to issue citations for violations of the Town of Barton ordinances, including ordinances with statutory counterparts.

§ 23-4 Form of citation.

A. Except as provided in Subsections D and E, the form for citations to be issued in the Town of Barton by the Washington County Sheriff's Department and Town Board members for violations of the Town of Barton ordinances shall be as provided in this subsection and shall otherwise comply with all statutory requirements under the Wisconsin Statutes as follows:[1]

(1) Name and address of alleged violator.

(2) Brief statement of facts describing the alleged violation.

(3) The time and place of the alleged violation.

(4) The number of the ordinance violated.

(5) The designation of the offense in a manner that can be readily understood by a person making a reasonable effort to do so.

(6) The time the alleged violator may appear in court.

(7) A statement that, in essence, informs the alleged violator of the following:

(a) That the alleged violator may make a cash deposit of a specific amount to be mailed to a specified official within a specified time;

(b) That if the alleged violator makes a cash deposit, he or she need not appear in court unless subsequently summoned;

(c) That if the alleged violator makes a cash deposit and does not appear in court, he or she 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 for the complaint if the court does not accept the plea of no contest;

(d) 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.; and

(e) If the court finds 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 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.

(8) A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement that accompanies the citation that indicates that he or she read the statement required under § 66.0113(1)(b)7, Wis. Stats., and shall send the signed statement with the cash deposit.

(9) Any other information as deemed necessary by the Washington County Sheriff's Department and Town Board.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. The Town Board adopts the schedule of cash deposits[2] required for various Town of Barton ordinance violations, which includes for each listed violation the costs, fees and surcharges imposed under Ch. 814, Wis. Stats.[3]

[2] Editor's Note: The schedule of cash deposits is on file at the office of the Washington County Clerk of Courts.

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. The Town Board names the Circuit Court of Washington County and the Clerk of Courts in Washington County as the officials to whom the cash deposits are to be made and requires that receipt shall be given for cash deposits.[4]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. The Town Board requires that in traffic regulation violation actions, except for parking regulation violations, the uniform traffic citation specified in § 345.11, Wis. Stats., be used by the Washington County Sheriff's Department in lieu of the citation form described in Subsection A above.

E. The Town Board requires that in actions in violation of Town of Barton ordinances enacted in accordance with § 23.33(11)(am) or 30.77, Wis. Stats.,[5] the citation form specified in § 23.54, Wis. Stats., shall be used in lieu of the citation form described in Subsection A.

[5] Editor's Note: Section 23.33 deals with all-terrain vehicles and utility terrain vehicles. Section 30.77 deals with local regulation of boating.

§ 23-5 Issuance and service of citations. [1]

A. Town of Barton citations shall be issued by Town Board members of the Town of Barton and the Washington County Sheriff's Department deputies and assigns.

B. The Town of Barton Town Board Chair and Washington County Sheriff's Department deputies and assigns may serve any citation for the Town of Barton upon issuance. Any person specifically authorized by the Town Board to issue citations may also serve citations.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 23-6 Relationship to other laws.

The adoption and authorization for use of citations under this chapter does not preclude the Town Board for the Town of Barton from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or any other matter. The issuance of a citation under this chapter does not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter does not preclude the issuance of a citation under this chapter.

§ 23-7 Procedure on default. [1]

Section 66.0113(3), Wis. Stats., relating to a violator's options and procedure on default, is hereby adopted and incorporated herein by reference.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).