[HISTORY: Adopted by the Board of Supervisors of Adams County
as indicated in article histories. Amendments noted where applicable.]
[2-21-1989 by Ord. No.
2-1989]
A.
To expedite the resolution of ordinance violations, the County Board of Adams County hereby adopts the citation enforcement procedure authorized by § 66.0113, Wis. Stats., to enforce those ordinances identified in § 17-3, including those ordinances for which a statutory counterpart exists. Further, § 66.0113, Wis. Stats., as amended by 1987 Wisconsin Act 389, is hereby adopted and by incorporation and by reference made a part of article as if fully set forth herein. Any future amendments, revisions or modifications of statutes imposing mandatory court costs are hereby adopted and incorporated herein and intended to be made part of this article.
B.
The adoption herein of the citation method of enforcement shall not
preclude the County or officers authorized to issue citations under
this article from proceeding under any other enforcement ordinance,
regulation, statute, law, rule, or order that pertains to the subject
matter addressed by the citation or to any other matter. Proceedings
under any other ordinance, statute, law, rule, or regulation pertaining
to that or any other matter shall not preclude the issuance of a citation.
C.
The County hereby adopts as a citation form the Adams County citation
as set forth in Exhibit "A" attached hereto and incorporated herein
by reference or any other form in substantial conformity therewith,
and the County Board directs that all law enforcement officers and
other officials issuing said citations shall complete the same in
strict conformance with the instructions also set forth on Exhibit
"A" before delivering the citation to the alleged violator.[1]
[1]
Editor's Note: Exhibit A is on file at the office of the County
Clerk.
D.
Unless otherwise specified in the adopting resolution, all ordinances without a statutory counterpart adopted subsequent to this article shall be enforced by the citation method, provided that the County Board shall, in conjunction with enacting any such ordinance, establish a cash deposit for the violation, unless the Board shall decide to enforce the ordinance other than by the citation method. The deposit set forth for each new ordinance shall be incorporated by reference to the schedule of cash deposits. The provisions of Subsection B shall apply to all new ordinances.[2]
The citation shall have the legal effect specified in § 66.0113,
Wis. Stats., and a duly issued citation shall confer subject matter
jurisdiction upon the Circuit Court for the County of Adams.
A.
Ordinances identified.[1]
(2)
Shoreland, Wetland and Habitat Protection Ordinance, adopted December 14, 1970, as amended, Chapter 396 of the County Code.
(3)
Floodplain Zoning Ordinance, adopted October 20, 1987, as amended, Chapter 370 of the County Code.
(4)
Building Code Ordinance, adopted by Ordinance No. 3-1980, as amended, Chapter 166 of the County Code.
(5)
Land Division Ordinance, adopted by Ordinance No. 9-1992, as amended, Chapter 382 of the County Code.
B.
Schedule of cash deposits. The cash deposits for the various ordinances
for which a citation may be issued shall be established by the Board
of Supervisors on a schedule of deposits, a copy of which is on file
with the County Clerk.[2]
C.
The cash deposit required for an alleged first offense ordinance violation, for which a citation is being issued pursuant to this article, which is not listed in Subsection B shall be 1/4 of the maximum forfeiture provided for such ordinance violation, plus penalty assessment imposed by § 757.05, Wis. Stats., plus court costs as assessed by the Clerk of Circuit Court, Adams County.
D.
The cash deposit required for an alleged second offense ordinance violation, for which a citation is being issued pursuant to this article, shall be twice the amounts as listed in Subsection B or C, plus the penalty assessment imposed by § 757.05, Wis. Stats., plus the court costs assessed by the Clerk of Circuit Court, Adams County.
E.
A person issued a citation under any ordinance listed in the schedule, as found in Subsection B, C or D, shall be required to remit the amount provided for therein, with penalty assessment and court costs, in cash or by certified check or money order, to the Clerk of Circuit Court at the Courthouse, Friendship, Wisconsin 53934. The Clerk shall provide a receipt for each cash deposit so received. Cash deposits may be mailed to the Clerk of Court or delivered personally to the office of the Clerk of Court.
The provisions of § 66.0113(3), Wis. Stats., on the
violator's options and the procedure on default are hereby adopted.
A.
Any law enforcement officials employed by Adams County may issue
citations for the enforcement of any ordinances authorized under this
article.
B.
C.
The officials named in Subsection B may submit to the County Board written nominations of employees within their respective offices who should be delegated authority to issue citations for violations of ordinances related to their official responsibilities. If the nominations are affirmatively approved by vote of the County Board, the persons so named shall have authority to issue citations with respect to ordinances directly related to their responsibilities.
D.
Citation issuance authority may be revoked in the same manner in
which it was conferred.
Adoption of this article in no way precludes adoption of any
other ordinance providing for enforcement of any law or ordinance
relating to the same or any other subject matter.
[Adopted 2-21-1989 by Ord. No. 3-1989]
A.
To expedite the resolution of ordinance violations, the County Board of Adams County hereby adopts the citation enforcement procedure authorized by § 66.0113, Wis. Stats., to enforce those ordinances identified in § 17-9, including those ordinances for which a statutory counterpart exists. Further, § 66.0113, Wis. Stats., as amended by 1987 Wisconsin Act 389, is hereby adopted and by incorporation and by reference made a part of this article as if fully set forth herein. Any future amendments, revisions or modifications of the herein adopted and incorporated statutory provisions are intended to be made part of this article.
B.
The adoption herein of the citation method of enforcement shall not
preclude the County or officers authorized to issue citations under
this article from proceeding under any other enforcement ordinance,
regulation, statute, law, rule or order that pertains to the subject
matter addressed by the citation or to any other matter. Proceedings
under any other ordinance, statute, law, rule or regulation pertaining
to that or any other matter shall not preclude the issuance of a citation.
C.
The County hereby adopts as a citation form the Adams County citation
as set forth in Exhibit "A" attached hereto and incorporated herein
by reference or any other form in substantial conformity therewith,
and the County Board directs that all law enforcement officers and
other officials issuing said citations shall complete the same in
strict conformance with the instructions also set forth on Exhibit
"A" before delivering the citation to the alleged violator.[1]
[1]
Editor's Note: Exhibit A is on file at the office of the County
Clerk.
D.
Unless otherwise specified in the adopting resolution, all ordinances adopted subsequent to this article shall be enforced by the citation method, provided that the County Board shall, in conjunction with enacting any such ordinance, establish a cash deposit for the violation, unless the Board shall decide to enforce the ordinance other than by the citation method. The provisions of Subsection B above shall apply to all new ordinances.
The citation shall have the legal effect specified in § 66.0113,
Wis. Stats., and a duly issued citation shall confer subject matter
jurisdiction upon the Circuit Court for the County of Adams.
B.
An Ordinance Prohibiting Certain Activities Made Crimes Under Wisconsin Statutes, adopted by Ordinance No. 8-1987, as amended, Chapter 275 of the County Code.
C.
An Ordinance To Regulate Sexually Oriented Businesses, adopted by Ordinance No. 12-75-2005, as amended, Chapter 296 of the County Code.
The penalties, including but not limited to the schedule of
cash deposits, penalty assessments and related court costs, for violations
of the above-identified ordinances shall be as set forth and adopted
in those specific ordinances.
The provisions of § 66.0113(3), Wis. Stats., on the
violator's options and the procedure on default are hereby adopted.
Any law enforcement official employed by Adams County may issue
citations for the enforcement of any ordinances authorized under this
article.
This article shall in no way be deemed to supplant or otherwise
invalidate any provision of state statutes relating to the subject
matter hereof. Any person entrusted with the enforcement of this article
may, in the exercise of his or her discretion, proceed under the applicable
state statutes.
Adoption of this article in no way precludes adoption of any
other ordinance providing for enforcement of any law or ordinance
relating to the same or any other subject matter.
