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