[HISTORY: Adopted by the Town Board of the
Town of St. Joseph 11-19-1998. Amendments noted where applicable.]
Pursuant to W.S.A. s. 66.119, the Town of St.
Joseph elects to use the citation method of enforcement of ordinances,
including those for which a statutory counterpart exists, and s. 66.119
is hereby incorporated and made a part of this chapter.
The citation shall contain the following:
A.
Name and address of the alleged violator.
B.
Factual allegations describing the alleged violation.
C.
Time and place of the offense.
D.
Number and section of ordinance 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.
Time and date in which the alleged violator may appear
in court.
G.
A statement which informs the alleged violator that:
(1)
A cash deposit based on the established schedule may
be delivered or mailed to a specified official within a specified
time.
(2)
If a deposit is made no appearance in court is necessary
unless he is subsequently summoned.
(3)
If the violator makes a cash deposit and does not
appear in court, either he will be deemed to have tendered a plea
of no contest and submitted to a forfeiture [a penalty assessment
imposed by W.S.A. s. 165.87 and a jail assessment imposed by W.S.A.
s. 302.46(1) not to exceed the amount of the deposit] or he will be
summoned into court to answer the complaint if the court does not
accept the plea of no contest.
(4)
If the 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 W.S.A. s. 165.87 and the jail assessment imposed
by W.S.A. s. 302.46(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 required statement has been read.
Such statement shall be sent or brought with the cash deposit.
The town adopts for use the Uniform Municipal
Citation, Form MC2000, consisting of a five-part citation, a sample
of which is on file in the office of the Town Clerk and adopted by
reference as if fully set forth herein; provided, however, that all
court proceedings shall occur under the jurisdiction of the St. Croix
County Circuit Court.
[Amended 5-16-2002]
A.
The Town Clerk shall deposit with the Clerk of Courts
of St. Croix County and the Town a schedule of cash deposits which
are to be required for the various ordinance violations and for the
penalty assessment imposed by W.S.A. s. 165.87 and the jail assessment
imposed by W.S.A. s. 302.46(1) for which a citation may be issued.
B.
The following schedule of cash deposits is established
for use with citations issued under this chapter plus court costs
set by the St. Croix County Circuit Court.
[Amended 4-7-2005 by Ord. No. 2005-4]
|
Chapter/Section
|
Violation
|
Deposit
(+ = court cost)
| ||
|---|---|---|---|---|
|
Large assembly ordinance
|
$1,000 +
| |||
|
Small assembly ordinance
|
$100 +
| |||
|
Ch. 74
|
Prohibiting controlled substance on town property
|
$100 +
| ||
|
Ch. 80
|
Building code ordinance
|
$200 +
| ||
|
Ch. 80
|
Building without permit
| |||
|
First violation
|
Double permit fee
| |||
|
|
Subsequent violations
|
Triple permit fee
| ||
|
Ch. 84
|
Town of St. Joseph burning ordinance
| |||
|
First violation
|
$50
| |||
|
Subsequent violations
|
$150
| |||
|
Ch. 98
|
An ordinance regulating the operation of outdoor
theaters
|
$300 +
| ||
|
§ 98-6
|
An ordinance prohibiting possession of intoxicating
liquors and malt beverages at outdoor theaters
|
$100 +
| ||
|
Prohibiting sale of fireworks
| ||||
|
First violation
|
$100
| |||
|
Subsequent violations
|
$250
| |||
|
§ 114-1, Art. I
|
Prohibiting sale of malt beverages to minor
|
$100 +
| ||
|
§ 114-6, Art. III
|
Closing hours
|
$100 +
| ||
|
§ 114-16, Art. VI
|
Nude dancing
|
$200 +
| ||
|
§ 123-1, Art. I
|
Racing or time trials on Bass Lake
|
$50 +
| ||
|
§ 123-5, Art. II
|
Hours of operation on inland lakes
|
$50 +
| ||
|
§ 123-5, Art. II
|
Hours of water skiing on Bass Lake
|
$50 +
| ||
|
§ 123-8, Art. III
|
Prohibiting gas-powered motors on Perch Lake
|
$50 +
| ||
|
Ch. 130
|
Trailer court ordinance
|
$200 +
| ||
|
§ 141-1
|
Regulating public beaches, parking lots, boat
landings - disorderly conduct
|
$50 +
| ||
|
§ 153-7
|
Sexually oriented business violations of § 153-5
|
$300 +
| ||
|
Ch. 156
|
Sign ordinance, failure to get permit
|
$100
| ||
|
Ch. 156
|
Sign placement in right-of-way
|
$25
| ||
|
Ch. 160
|
Snow and ice removal onto Town roads
|
$50 +
| ||
|
Ch. 163
|
Solid waste and dump operation
|
$200 +
| ||
|
§ 168-19
|
Subdivision ordinance
|
$500 +
| ||
|
Ch. 176
|
Transient merchant license
|
$100 +
| ||
|
ATV, snowmobile operation (Citing WI Stats.)
|
$50 +
| |||
|
Ch. 190
|
Regulating dangerous weapons, trapping
|
$100 +
| ||
|
The following violations all pertain to Ch. 64. Fine is not less than $25 nor more than $500.
[Amended 12-7-2006 by Ord. No. 2006-6] | ||||
|
Inhumane treatment of animals
|
$100 +
| |||
|
§ 64-4F
|
Wild animal violation
|
$50 +
| ||
|
Confinement violation, vicious, dangerous, or
wolf dog
|
$100 +
| |||
|
§ 64-4H
|
Pit bull, confinement violation
|
$500 +
| ||
|
§ 64-4H
|
Pit bull, loose within 1,000 feet of school
grounds
|
$500 +
| ||
|
§ 64-4H
|
Pit bull, not properly leashed and muzzled
|
$500 +
| ||
|
§ 64-5B
|
Unlicensed animal; deposit refundable if proof
of license produced within 5 days
|
$25 +
| ||
|
§ 64-6A
|
Nuisance animal (habitual)
|
$25 +
| ||
|
§ 64-6A
|
Physical harm to humans or animals (1st offense)
|
$75 + 1st violation; $150 subsequent
| ||
|
§ 64-6B
|
Animal at large
|
$25 + 1st violation; $50 subsequent
| ||
|
§ 64-9
|
Failure to provide rabies vaccination
|
$150+
| ||
[Amended 5-16-2002]
Deposits shall be in cash, money order or certified
check. There shall be two options for payment. The alleged violator
may pay the cash deposit directly to the Town Clerk on or before a
deadline established by the Town Clerk and before the Town forwards
the citation to St. Croix County Circuit Court for processing. If
the citation is paid directly to the Town Clerk by the deadline and
the citation is not processed through St. Croix County Circuit Court,
the alleged violator can pay the amount of the cash deposit established
under this ordinance excluding the court costs. If the citation is
not paid directly to the Town by the deadline established by the Town
Clerk, the cash deposit plus court costs must be paid to the St. Croix
County Clerk of Court. In either case the Town or the County shall
provide a receipt for the payment.
Any law enforcement officer in the Town may
issue citations authorized under this chapter, and the following town
officials may issue citations with respect to those specified sections
which are directly related to their official responsibilities:
Section 66.119(3) of the Wisconsin Statutes,
relative to a violator's options and procedures on default, is hereby
adopted and incorporated herein by reference.
A.
Other ordinances. This chapter does not preclude the
Town of St. Joseph from adopting any other ordinance or providing
for the enforcement of any law or ordinance relating to the same or
other matters.
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.
