[HISTORY: Adopted by the Village Board of the Village of Webster 3-13-1986
as Title 1, Ch. 2 of the 1986 Code. Amendments noted where applicable.]
Pursuant to the authority granted by § 66.0113, Wis. Stats.,
the use of a citation to be issued for violations of ordinances other than
those for which a statutory counterpart exists is hereby authorized.
A.
Citations authorized in § 20-1 above may be issued by law enforcement officers of the village and by designated village officials with respect to sections of the Code which are directly related to the official's area of responsibility. The officials granted authority to issue citations under this section may delegate the authority to other village employees within the designated official's department with the approval of the Village Board.
B.
Persons authorized to issue citations: Chief of Police
of the Village of Webster.
The form of the citation to be issued by the Chief of Police or other
designated village officials is incorporated herein by reference and shall
provide for the following information:
A.
The name and address of the alleged violator.
B.
The factual allegations describing the alleged violation.
C.
The date 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 in essence informs the alleged violator:
(1)
That the alleged violator may make a cash deposit of
a specified amount to be mailed to a specified official within a specified
time.
(2)
That if the alleged violator makes such a deposit, he
need not appear in court unless subsequently summoned.
(3)
That if the alleged violator makes a cash deposit and
does not appear in court, he either will be deemed to have tendered a plea
of no contest and submitted to a forfeiture, a penalty assessment imposed
by § 757.05, Wis. Stats., a jail assessment imposed by § 302.46(1),
Wis. Stats., a crime laboratories and drug law enforcement assessment imposed
by § 165.755, Wis. Stats., any applicable consumer information assessment
imposed by § 100.261, Wis. Stats., and any applicable domestic abuse
assessment imposed by § 973.055(1), 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.[1]
(4)
That if the alleged violator does not make a cash deposit
and does not appear in court at the time specified, an action may be commenced
against the alleged violator to collect the forfeiture, the penalty assessment
imposed by § 757.05, Wis. Stats., the jail assessment imposed by
§ 302.46(1), Wis. Stats., the crime laboratories and drug law enforcement
assessment imposed by § 165.755, Wis. Stats., any applicable consumer
information assessment imposed by § 100.261, Wis. Stats., and any
applicable domestic abuse assessment imposed by § 973.055(1), Wis.
Stats.[2]
(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.[3]
H.
A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he read the statement required under Subsection G and shall send the signed statement with the cash deposit.
I.
Such other information as may be deemed necessary.
The schedule of cash deposits for the various ordinances for which a
citation may be issued are as established on the deposit schedule adopted
by the Village Board, a copy of which is on file with the Clerk-Treasurer.
In addition to the deposit amount listed, the deposit must include the penalty
assessment imposed by § 757.05, Wis. Stats., the jail assessment
imposed by § 302.46(1), Wis. Stats., the crime laboratories and
drug law enforcement assessment imposed by § 165.755, Wis. Stats.,
any applicable consumer information assessment imposed by § 100.261,
Wis. Stats., and any applicable domestic abuse assessment imposed by § 973.055(1),
Wis. Stats.
The Clerk of the Circuit Court of Burnett County and his authorized
representatives shall be authorized to receive cash deposits. The person receiving
such cash deposit shall give a receipt.
Section 66.0113(3) of Wisconsin Statutes, relating to the violator's
options and procedure on default, is hereby adopted and incorporated herein
by reference.
A.
Adoption of this chapter does not preclude the Village
Board from adopting any other ordinance providing for the enforcement of any
other law or ordinance relating to the same or other matters.
B.
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.
C.
In lieu of a procedure set forth in this
chapter, an action for recovery of forfeitures resulting from violations of
village ordinances may be commenced according to the procedures set forth
in Chapter 788 of the Wisconsin Statutes.
