Town of Woodruff, WI Chapter 31 Citations

[HISTORY: Adopted by the Town Board of the Town of Woodruff at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]

§ 31-1 Method of enforcement.

The Town of Woodruff hereby elects to use the citation method of enforcement of ordinances. All Town law enforcement officers and other Town personnel charged with the responsibility of enforcing the provisions of this Code are hereby authorized pursuant to § 66.0113, Wis. Stats., to issue citations for violations of this Code, including ordinances for which a statutory counterpart exists.

§ 31-2 Contents of citation.

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 and/or state statute 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 that:

(1) A cash deposit based on the schedule established by this chapter may be made which shall be delivered or mailed to the Clerk of Court prior to the time of the scheduled court appearance.

(2) If a deposit is made, no appearance in court is necessary unless he/she is subsequently summoned.

(3) 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) 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) 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.

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.

§ 31-3 Schedule of deposits.

A. The schedule of cash deposits shall be established by the Town Board for use with citations issued under this chapter according to the penalty provision of this Code, a copy of which is on file with the Town Clerk.

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

§ 31-4 Issuance of citation.

A. Law enforcement officer. Any law enforcement officer may issue citations authorized under this chapter.

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

(1) Building Inspector.

(2) Fire Inspector.

C. Delegated authority. The Town officials named in Subsection B above may delegate their authority to issue citations to their subordinates, provided that such delegation is authorized by the Town Board.

§ 31-5 Procedure on default.

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

§ 31-6 Chapter not exclusive.

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, including but not limited to summons and complaint, relating to the same or other matter.

B. Other remedies. The issuance of a citation hereunder 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 ordinance, regulation or order.