[HISTORY: Adopted by the Common Council of
the City of Waterloo 10-19-1987 by Ord. No. 87-6 as § 9.22 of
the 1987 Code; amended by Ord. No.
88-4. Subsequent amendments noted where applicable.]
Pursuant to § 66.0113, Wis. Stats.,
the City hereby elects to use the citation method of enforcement of
ordinances, including those 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 or the municipal code
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 as follows:
[Amended 9-20-2007 by Ord. No. 2007-18]
(1)
A cash deposit of a specified amount may be made which
shall be delivered or mailed to the Clerk of Courts prior to the time
of the scheduled court appearance.
(2)
If such a deposit is made, the alleged violator need
not appear in court unless he is subsequently summoned.
(3)
If a cash deposit is made and the alleged violator
does not appear in court, he or she either will be deemed to have
tendered a plea of no contest and submitted to a forfeiture, plus
costs, fees, and surcharges imposed by Ch. 814, Wis. Stats., not to
exceed the amount of the deposit, or, if the court does not accept
the plea of no contest, a summons shall be issued demanding him or
her 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, the court may issue
a summons or a warrant for the defendant’s arrest or consider
the nonappearance to be a plea of no contest and enter judgment under
§ 66.0113(3)(d), Wis. Stats., or the City may commence an
action against the alleged violator to collect the forfeiture, plus
costs, fees, and surcharges imposed under Ch. 814, Wis. Stats.
(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 Council deems necessary.
[Amended 9-20-2007 by Ord. No. 2007-18]
B.
Deposits
shall be made in cash, by money order or check to the Clerk of Courts,
who shall provide a receipt therefor.
C.
The penalty
assessment imposed by Ch. 814 Wis. Stats., shall be added to all forfeitures
hereunder, except where said forfeitures are derived from citations
issued for violations of ordinances for which state law controls or
for ordinances involving nonmoving traffic violations. Said assessments
shall be in an amount determined after deducting the court costs.
D.
The deposit,
including costs, pertaining to any minor receiving a citation under
this chapter shall in no event exceed the maximum penalties provided
in Ch. 48, Wis. Stats., plus costs, fees, and surcharges imposed under
Ch. 814, Wis. Stats., except that costs and penalties shall not be
assessed against minors unless Wisconsin law so provides.
Every police officer issuing a citation for
any violation of this Code shall indicate on the citation the amount
of the deposit that the alleged violator may make in lieu of court
appearance. The amount of the deposit shall be determined in accordance
with the City Bond Schedule and the Wisconsin Judicial Council Bond
Schedule which are hereby adopted by reference.
Any law enforcement officer may issue citations
authorized under this chapter.
A.
Other ordinances. Adoption of this chapter does not
preclude the Council from adopting any other ordinance or providing
for the enforcement of any other law or ordinance relating to the
same or other matter.
B.
Other remedies. The issuance of a citation hereunder
shall not preclude the City 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.
