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