[HISTORY: Adopted by the Village Board of the Village of
Allouez as §§ 1.10 and 1.11 of the Village Code. Amendments
noted where applicable.]
Pursuant to § 66.0113, Wis. Stats., the Village hereby
elects to use the citation method of enforcement of ordinances, including
those for which a statutory counterpart exists.
The municipal citation shall contain the following information:
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 Code 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 the Village
Board as a part of this Code 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.
(2)
That if a deposit is made, no appearance in court is necessary, unless
he is subsequently summoned.
(3)
That if a cash deposit is made and the alleged violator does not
appear in court, he will be deemed to have entered a plea of no contest
or, if the court does not accept the plea of no contest, a summons
will be issued commanding him 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.
(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 of this section has been read. Such statement shall be sent or brought with the cash deposit.
I.
Such other information as the Village deems necessary.
The Village hereby adopts for use the Wisconsin Uniform Municipal
Citation, Form MSC 1, consisting of a three-part citation, a sample
of which is on file in the office of the Village Clerk-Treasurer and
adopted by reference as though fully set forth herein.
The schedule of cash deposits for use with citations issued
under this chapter shall be as adopted by the Village Board from time
to time, and such schedule shall be on file at the Brown County Sheriff's
Department and in the office of the Village Clerk-Treasurer. Deposits
shall be in cash, money order or certified check to the Village Clerk-Treasurer
or to the Clerk of Court, Municipal Court, who shall provide a receipt.
A.
Law enforcement officer. Any law enforcement officer may issue citations
authorized under this chapter.
B.
Village officials. The following Village officials and their designated
agents may issue citations with respect to those specified sections
which are directly related to their official responsibilities:[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.
[Added 7-19-2016 by Ord.
No. 2016-14]
Citations may be issued to property owners and/or tenants in
violation of the Village of Allouez ordinances and codes.
A.
Other ordinances. This chapter does not preclude the Village Board
from adopting any other ordinances or providing for the enforcement
of any law or ordinance relating to the same or other matter.
B.
Other remedies. The issuance of a citation hereunder shall not preclude
the Village or any authorized officer from proceeding under any other
ordinance or law or by any other enforcement method to enforce any
ordinance, regulation or order.
Every citation issued for violation of any Village ordinance
shall include the following costs in addition to the forfeiture amount:
A.
Penalty assessment. The penalty assessment shall be an amount equal
to 26% of the forfeiture amount (effective December 31, 2005).
B.
Court costs. Pursuant to § 814.65(1), Wis. Stats., the
Municipal Judge shall collect court costs in Municipal Court actions
equivalent to the maximum allowed by the State of Wisconsin.
C.
Jail assessment. The jail assessment shall be $10.
D.
Crime lab fee. The crime lab fee shall be $13 (effective July 1,
2009).
E.
Alcohol-related offenses. Upon conviction of any alcohol-related
offense for which the Village has expended funds or incurred expense
for the withdrawal or testing of blood or urine, the cost of such
service to the Village shall be added to any forfeiture, court costs,
and fees imposed by the court.
