Town of Pittsfield, WI Chapter 55 Citations

[Adopted by the Town Board of the Town of Pittsfield 5-13-1997 as Ch. 13 of the 1997 Code; amended July 2007. Subsequent amendments noted where applicable.]

§ 55-1 Statutory authority.

Pursuant to § 66.0113, Wis. Stats., the Town Board hereby elects to use the citation method of enforcement of Town ordinances described herein, or in a separate ordinance, including those for which a statutory counterpart exists.

§ 55-2 Form of citation.

The citation shall contain the following:

A. The name and address of the alleged violator.

B. The 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 readily be 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 a cash deposit based on the schedule established by this chapter or other Town ordinance may be made, which shall be delivered or mailed to the Clerk of the Municipal Court prior to the time of the scheduled court appearance.[1]

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

(2) That if a deposit is made, no appearance in court is necessary unless the defendant is subsequently summoned.

(3) That, if the alleged violator makes a cash deposit and does not appear in court, he or she either 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 the complaint if the court does not accept the plea of no contest.[2]

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

(4) That, 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.[3]

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

(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.[4]

[4] Editor's Note: Amended 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 deems necessary.

§ 55-3 Issuance of citation. [1]

The following officials may issue citations with respect to those specified ordinances which are directly related to their official responsibilities:

Ordinance Title	Enforcement Official
Chapter 7, Agricultural Activities, Article I, Shoreland Management	Town Board member or Zoning Administrator
Chapter 21, Animals	Town Animal Control/Humane Officer, Town Board member, Zoning Administrator, Health Officer or any Sheriff's Department officer
Chapter 36, Building Construction	Building Inspector, Zoning Administrator or Town Board member
Chapter 49, Cemetery	Town Board member or Zoning Administrator
Chapter 68, Culverts	Town Board member or Zoning Administrator
Chapter 90, Explosives and Blasting	Town Board member, Zoning Administrator or any Sheriff's Department officer
Chapter 103, Firearms, Weapons and Hunting	Town Board member, Zoning Administrator or any County Sheriff's Department officer
Chapter 107, Fires and Fire Prevention, Article I, General Regulations	Town Board member, Zoning Administrator or any County Sheriff's Department officer
Chapter 107, Fires and Fire Prevention, Article IV, Flammable Liquids	Town Board member or Zoning Administrator
Chapter 154, Mining, Nonmetallic	Brown County, Town Board member, Zoning Administrator or any Sheriff's Department officer
Chapter 158, Minors, Article I, Curfew	Town Board member, Zoning Administrator or any County Sheriff's Department officer
Chapter 171, Newspaper Boxes	Town Board member or Zoning Administrator
Chapter 179, Nuisances	Town Board member, Zoning Administrator or any County Sheriff's Department officer
Chapter 195, Parks and Recreation	Town Board member, Zoning Administrator or any County Sheriff's Department officer
Chapter 217, Sewers and Sewage Disposal, Article I, Holding Tanks	Town Board member or Zoning Administrator
Chapter 232, Streets and Sidewalks, Article I, Street Numbers	Town Board member or Zoning Administrator
Chapter 232, Streets and Sidewalks, Article II, New Road Construction	Town Board member or Zoning Administrator
Chapter 250, Vehicles and Traffic	Town Board member, Zoning Administrator, or Law Enforcement Officer
Chapter 258, Waste Management, Article I, Solid and Hazardous Waste	Town Board member or Zoning Administrator
Chapter 258, Waste Management, Article II, Recycling	Town Board member or Zoning Administrator
Chapter 275, Zoning	Town Board member or Zoning Administrator

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

§ 55-4 Schedule of deposits. [1]

Ordinance Title	Offense	Deposits and Costs
Chapter 7, Agricultural Activities, Article I, Shoreland Management	Violation	$100 to $200 each day
Chapter 21, Animals	Violation	$75 to $1,000, each day a separate offense; confinement costs, plus expenses
Chapter 36, Building Construction	Violation	$75 to $1,000 each day
Chapter 49, Cemetery	Violation	$100 to $300
Chapter 68, Culverts	Violation	$75 to $200, each day a separate violation
Chapter 90, Explosives and Blasting	Violation	$150 to $1,000
Chapter 103, Firearms, Weapons and Hunting	Violation	$75 to $200
Chapter 107, Fires and Fire Prevention, Article I, General Regulations	Violation	Actual cost; if not paid, placed on property bill
Chapter 107, Fires and Fire Prevention, Article IV, Flammable Liquids	Violation	$75 to $1,000 each day
Chapter 158, Minors, Article I, Curfew	Violation	First offense: none; then $75 to $500 each offense.
Chapter 171, Newspaper Boxes	Violation	$75 to $200
Chapter 179, Nuisances	Violation	$75 to $200, each day a separate violation
Chapter 195, Parks and Recreation	Violation	$75 to $200 each offense
Chapter 217, Sewers and Sewage Disposal, Article I, Holding Tanks	Violation	$75 to $1,000 each day
Chapter 232, Streets and Sidewalks, Article I, Street Numbers	Violation	$75 to $200, each day a separate violation, have 30 days to comply
Chapter 232, Streets and Sidewalks, Article II, New Road Construction	Violation	Pay withheld until fixed, $75 to $1,000 each day
Chapter 250, Vehicles and Traffic, § 250-1, State traffic laws adopted		Revised Uniform State Traffic Deposit Schedule
Chapter 250, Vehicles and Traffic, §§ 250-3 and 250-4, compression brake regulations and disorderly conduct with a motor vehicle		$75 to $200
Chapter 258, Waste Management, Article I, Solid and Hazardous Waste	Violation	$50 to $1,000 for each offense
Chapter 258, Waste Management, Article II, Recycling, § 258-30, No burning or burying	Violation	First violation: $50 to $75; second violation: $200 to $300; third violation or more: $500 to $2,000
Chapter 258, Waste Management, Article II, Recycling, all other sections	Violation	$50 to $1,000
Chapter 275, Zoning, failure to comply with any provision of this chapter, other than § 275-72		$50 to $500, each day a separate violation
Chapter 275, Zoning, § 275-72, failure to obtain building permit		$250, each day a separate violation

Notes:

All offenders must pay current court costs and assessments, over and above the deposits and costs.

Deposits shall be made in cash, money order, or certified check to the Clerk of the Municipal Court, who shall provide a receipt therefor.

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

§ 55-5 Procedure.

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

§ 55-6 Nonexclusivity.

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.