[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:
The name and address of the alleged violator.
Factual allegations describing the alleged violation.
The time and place of the offense.
The section of the ordinance or the municipal code violated.
A designation of the offense in such manner as can be readily understood by a person making a reasonable effort to do so.
The time at which the alleged violator may appear in court.
A statement which, in essence, informs the alleged violator as follows:
[Amended 9-20-2007 by Ord. No. 2007-18]
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.
If such a deposit is made, the alleged violator need not appear in court unless he is subsequently summoned.
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.
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.
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.
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.
Such other information as the Council deems necessary.
[Amended 9-20-2007 by Ord. No. 2007-18]
Deposits shall be made in cash, by money order or check to the Clerk of Courts, who shall provide a receipt therefor.
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.
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.
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.
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.