Chapter 1.10
USE OF CITATION
Sections:
1.10.010 Authorization for use of citation.
1.10.020 Officials authorized to issue citation.
1.10.040 Schedule of deposits.
1.10.050 Receipt of cash deposits.
1.10.070 Nonexclusivity of chapter.
1.10.010 Authorization for use of citation.
Pursuant to the authority granted by Section 66.0113, Wis. Stats., the use of a citation to be issued for violations of ordinances, including those for which a statutory counterpart exists, is hereby authorized. [Ord. 00-03 § 1. Prior code § 1-2-1].
1.10.020 Officials authorized to issue citation.
Citations authorized in AMC 1.10.010 may be issued by law enforcement officers of the village and by the following designated village officials with respect to sections of the code which are directly related to the official’s area of responsibility. The officials granted authority to issue citations under this section may delegate the authority to other village employees within the designated official’s department with the approval of the village board:
(a) Building inspector.
(b) Fire inspector.
(c) Plumbing inspector.
(d) Electrical inspector.
(e) Zoning administrator. [Ord. 00-03 § 1. Prior code § 1-2-2].
1.10.030 Form of citation.
The form of the citation to be issued by village police officers or other designated village officials is incorporated herein by reference and shall provide for the following information:
(a) The name and address of the alleged violator;
(b) The factual allegations describing the alleged violation;
(c) The time and place of the offense;
(d) The section of the ordinance 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:
(1) That the alleged violator may make a cash deposit of a specified amount to be mailed to a specified official within a specified time;
(2) That if the alleged violator makes such a deposit, he or she need not appear in court unless subsequently summoned;
(3) That if the alleged violator makes a cash deposit and does not appear in court, he or she will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment imposed by Section 757.05, Wis. Stats., a jail assessment imposed by Section 302.46(1), Wis. Stats., a crime laboratories and drug enforcement assessment imposed by Section 165.755, Wis. Stats., any applicable consumer information assessment imposed by Section 100.261, Wis. Stats., and any applicable domestic abuse assessment imposed by Section 973.055(1), Wis. Stats., not to exceed the amount of the deposit or will be summoned into court to answer the complaint if the court does not accept the plea of no contest;
(4) That if the alleged violator does not make a cash deposit and 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 Section 66.0113(3)(d), Wis. Stats., or the village may commence an action against the alleged violator to collect the forfeiture, the penalty assessment imposed by Section 757.05, Wis. Stats., the jail assessment imposed by Section 302.46(1), Wis. Stats., the crime laboratories and drug law enforcement assessment imposed by Section 165.755, Wis. Stats., any applicable consumer information assessment imposed by Section 100.261, Wis. Stats., and any applicable domestic abuse assessment imposed by Section 973.055(1), Wis. Stats.;
(h) A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he or she read the statement required under subsection (g) of this section and shall send the signed statement with the cash deposit;
(i) Such other information as may be deemed necessary. [Ord. 00-03 § 1. Prior code § 1-2-3].
1.10.040 Schedule of deposits.
The schedule of cash deposits for the various ordinances for which a citation may be issued are as established by the Uniform State Traffic Deposit Schedule, as amended from time to time, regarding such traffic and traffic-related matters covered therein, and as established on the deposit schedule adopted by the village for all other and nontraffic offenses. The village clerk shall provide a copy of all bond schedules and amendments thereto to the police department. Such deposit amount shall include all assessments set forth in AMC 1.10.030 and such other assessments as state statutes may require. [Ord. 00-03 § 1. Prior code § 1-2-4].
1.10.050 Receipt of cash deposits.
Deposits shall be made in cash, money order, personal checks or certified check to the clerk of court. Receipts shall be given for all deposits received. [Ord. 00-03 § 1. Prior code § 1-2-5].
1.10.060 Procedure.
Section 66.119(3), Wis. Stats., relating to violator’s options and procedure on default, is hereby adopted and incorporated herein by reference. [Prior code § 1-2-6].
1.10.070 Nonexclusivity of chapter.
(a) Adoption of this chapter does not preclude the village board from adopting any other ordinance providing for the enforcement of any other law or ordinance relating to the same or other matters.
(b) The issuance of a citation hereunder shall not preclude the village 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. [Prior code § 1-2-7].