Town of Addison, WI Chapter 19 Citations

[HISTORY: Adopted by the Town Board of the Town of Addison 2-19-1987 by Ord. No. 2-87. Amendments noted where applicable.]

GENERAL REFERENCES

Law enforcement — See Ch. 75.

§ 19-1 Statutory authority; election to use citation method of enforcement.

Pursuant to § 66.0113, Wis. Stats., the Town of Addison hereby elects to use the citation method of enforcement of ordinances other than those for which a statutory counterpart exists.

§ 19-2 Contents of citation.

The citation shall contain the following:

A. The name and address of the alleged violator.

B. 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 essentially informs the alleged violator:

(1) That a cash deposit based on the schedule established by this chapter may be made which shall be delivered or mailed to the Clerk of Courts prior to the time of the scheduled court appearance.

(2) That if such a deposit is made, the alleged violator need not appear in court unless he or she is subsequently summoned.

(3) That if a cash deposit is made and the alleged violator does not appear in court, he or she will be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment imposed by statute not to exceed the amount of the deposit or, if the court does not accept the plea of no contest, a summons will be issued demanding him or her to appear in court to answer the complaint.

(4) That if no cash deposit is made and the alleged violator does not appear in court at the time specified, an action may be commenced to collect the forfeiture and the penalty assessment imposed by statute.

(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.[1]

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

H. A direction that if the alleged violator elects to make a cash deposit, the statement which accompanies the citation shall be signed to indicate that the statement required under Subsection G above has been read. Such statement shall be sent or brought with the cash deposit.

I. Such other information as the Town Board deems necessary.

§ 19-3 Schedule of deposits.

A. The schedule of cash deposits for use with citations issued under this chapter is established by the Town Board and on file with the Town Clerk.

[Amended 9-15-1994 by Ord. No. 94-9[1]]

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

B. The penalty assessment required by §§ 66.0113 and 757.05, Wis. Stats., and current court costs shall be added to all deposits or penalties hereunder.

C. The deposit, including costs, pertaining to any minor receiving a citation under this section shall in no event exceed $25, plus the penalty assessment as computed pursuant to Subsection B above, except that costs and penalties shall not be assessed against minors unless Wisconsin law so provides.

D. Deposits shall be made in cash, money order, or certified check to the Washington County Clerk of Courts who shall provide a receipt therefor.

§ 19-4 Issuance of citation.

A. Town law enforcement officers may issue citations authorized under this chapter.

B. The following Town officials may issue citations with respect to those ordinances which are related to their official responsibilities:

(1) Zoning Administrator.

(2) Building Inspector.

(3) Town Board Supervisors, Town Board Chairperson, and the Town Clerk shall be authorized to issue citations for violation of Chapter 300, Solid Waste, Article I, Recycling, of the Code of the Town of Addison.

[Added 9-15-1994 by Ord. No. 94-9]

C. Such Town officials may delegate their authority to issue citations to their subordinates.

§ 19-5 Procedure on default.

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

§ 19-6 Nonexclusivity.

A. Other ordinances. 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 any other matter.

B. Other remedies. The issuance of a citation under this chapter shall not preclude the Town or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any law, ordinance, regulation or order.