D. The town board requires that in traffic regulation violation actions, except for parking regulation violations, the uniform traffic citation specified in s. 345.11, Wis. stats., shall be used by the Town of ________ in lieu of the citation form described in subsection A [or F]. E. The town board requires that in actions for violations of Town of ________ ordinances enacted in accordance with s. 23.33 (11) (am), 23.335 (21) (a), or 30.77, Wis. stats., the citation form specified in s. 23.54, Wis. stats., shall be used in lieu of the citation form described in subsection A [or F]. F. (Optional) [include if town has established a municipal court] If the action for a violation of a municipal ordinance is to be in municipal court, the citation used shall be in compliance with s. 800.02 (2), Wis. stats. The service of the citations in municipal court shall conform with s. 800.01, Wis. stats. The officers authorized to issue citations for municipal court actions are: [list town officers]. The citation for any violation to be heard in municipal court shall contain substantially all of the following information: 1. The name, address, and date of birth of the defendant.
2. The identification of any permit issued to the defendant, or license number of the defendant, if applicable.
3. The name and department of the issuing officer.
4. The violation alleged, the time and place of occurrence, a statement that the defendant committed the violation, the ordinance violated, and a description of the violation in language that can be readily understood.
5. A notice to appear at a date, time, and place for the court appearance, and a statement as to whether the appearance is mandated by the judge.
6. Provisions for the amount of a deposit and stipulation in lieu of a court appearance, if applicable.
7. Notice that the defendant may make a deposit and thereby obtain release if an arrest has been made.
8. Notice that the defendant may, in writing, prior to the court appearance, enter a plea of not guilty.
9. Notice that, if the defendant makes a deposit and fails to appear in court at the time fixed in the citation, the defendant is deemed to have tendered a plea of no contest and submits to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814, Wis. stats., not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and plea. 10. Notice that if the defendant does not make a deposit and fails to appear in court at the time fixed in the citation, the court may issue a summons or a warrant for the defendant’s arrest or may enter a default judgment against the defendant.
11. In an action against a corporation organized under ch. 180 or 181, Wis. stats., or against a limited liability company organized under ch. 183, Wis. stats., a statement of the corporate or company existence and whether the corporation or company is a domestic or foreign corporation or limited liability company. 12. Any other pertinent information.
SECTION VI – ISSUANCE AND SERVICE OF CITATION
A. Town of ________ citations may be issued by the Town Board of the Town of ________, or the Town Board of the Town of ________ may designate certain Town of ________, ________ County, or other municipal officials, with their written approval, to issue such citations.
B. Town of ________ citations, in addition, may specifically be issued by ________ [state specific town or county official]. This official may also designate a person to issue such Ordinances for the Town of ________ and this official may revoke this authority to issue anytime.
C. The Town of ________ Town Board has designated the Town Chair or any person approved by the Town Board to serve any citations for the Town of ________ upon issuance. Any person specifically authorized by the Town Board to issue citations by the Town Board of the Town of ________ may also serve such citations.
SECTION VII – RELATIONSHIP TO OTHER LAWS
The adoption and authorization for use of a citation under this ordinance does not preclude the Town Board of the Town of ________ from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or any other matter. The issuance of a citation under this ordinance does not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter does not preclude the issuance of a citation under this ordinance.
SECTION VIII – SEVERABILITY
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION IX – EFFECTIVE DATE
This ordinance is effective on publication or posting.
The town clerk shall properly post or publish this ordinance as required under s. 60.80, Wis. stats. Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
The following statutes affect this form: ss. 66.0113 (1) and 800.02 (2), Wis. stats. STATE OF WISCONSIN
Town of ________
________ County
Town of ________ Citation
Name of defendant: ____________________
Statement of corporate status [if applicable]*: ____________________
Defendant’s date of birth: ____________________
Defendant’s license number [if applicable]: ____________________
Description of violation: ____________________
Permit violated [if applicable]: ____________________
Time and location of violation: ____________________
Ordinance violated: [identify section violated and provide a brief explanation and nature of the violation]
Maximum forfeiture, plus costs, fees, and surcharges for violation alleged in this citation: $______________
Name and office of official issuing citation: ____________________, ____________________
[Signature of official issuing citation]
This matter will be before the [choose one: 1. municipal or 2. circuit] court of the __________ [choose one: 1. Town or 2. County] of ___________________ at the following date and time: ______________________. You are [select one: 1. required or 2. not required] to appear in that court at that time.
Amount of deposit: $__________.
Please read all of the following:
1. You may make a cash deposit of [insert amount] $__________ to ____________________ [specify official to whom the deposit must be made] no later than __________. If you have been arrested for the violation referenced above, you may make this deposit and obtain release from that arrest.
2. If you make this deposit, you do not need to appear in court unless appearance is required by the court or you are subsequently summoned.
3. Whether or not you make the deposit, you may, in writing, prior to the court appearance, enter a plea of not guilty.
4. If you make the cash deposit and do not appear in court at the time specified, one of the following will happen:
a. The court will consider you to have tendered a plea of no contest and submitted to a forfeiture, plus costs, fees, and surcharges, not to exceed the amount of the deposit.
b. You will be summoned into court to answer the complaint if the court does not accept the plea of no contest.
5. If you do not make a cash deposit and do not appear in court at the time specified, any of the following may happen:
a. The court may issue a summons or warrant for your arrest.
b. The court may consider the nonappearance to be a plea of no contest and enter judgment against you.
c. The town may commence an action against you to collect the forfeiture, plus costs, fees, and surcharges.
6. If the court finds that this 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 you, the court may summon you into court to determine if restitution shall be ordered.
If you elect to make a cash deposit, pay the deposit to the official listed above, by the date listed above, and return a copy of this citation that is signed in the area designated below to indicate that you have read the statements listed in items 1 to 6, above.
[Signature of defendant]
Note: In an action against a corporation organized under ch. 180 or 181, Wis. stats., or against a limited liability company organized under ch. 183, Wis. stats., a citation must include a statement of the corporate or company existence and whether the corporation or company is a domestic or foreign corporation or limited liability company. See s. 800.02 (2) (ag) 9m., Wis. stats. The following statutes affect this form: s. 66.0119, Wis. stats. Affidavit
STATE OF WISCONSIN
________ County
In the ________ court of the ________ of ________
________ ________, being duly sworn, says that on ________ ___, 20__, upon certain premises in the Town of ________, ________ County, Wisconsin, more particularly described as follows: [describe the premises] there now exists a necessity to determine if the above-described premises comply with [section ________ of the Wisconsin statutes or section ________ of ordinances of the Town of ________ or both]. The facts tending to establish the grounds for issuing a special inspection warrant are as follows: [set forth brief statement of reasons for inspection, frequency, and approximate date of last inspection, if any, which shall be deemed probable cause for issuance of warrant].
Wherefore the said ________ ________ prays that a special inspection warrant be issued to search the above-described premises for said purpose.
[Signature of affiant]
Subscribed and sworn to before me this ____ of ________, 20__.
[Signature of judge]
Special Inspection Warrant
STATE OF WISCONSIN
________ County
In the ________ court of the ________ of ________
THE STATE OF WISCONSIN, To the sheriff or any constable or any peace officer of said county:
Whereas, ________ ________ has this day complained [in writing] to the said court upon oath that on ________ ___, 20__, upon certain premises in the Town of ________, ________ County, Wisconsin, more particularly described as follows: [describe the premises] there now exists a necessity to determine if said premises comply with [section ________ of the Wisconsin statutes or section ________ of ordinances of the town of ________ or both] and prayed that a special inspection warrant be issued to search said premises;
Now, therefore, in the name of the state of Wisconsin, you are commanded forthwith to search the above-described premises for said purposes.
Dated this ____ of ________, 20__.
[Signature of judge]
Endorsement on Warrant
Received by me ________ ___, 20__, at ____ o’clock ___.m.
[Signature of sheriff (or peace officer)]
Return of Officer
STATE OF WISCONSIN
________ Court
________ County
I hereby certify that by virtue of the within warrant I searched the named premises and found the following: [describe findings].
Dated this ______ day of ________, 20__.
[Signature of sheriff (or peace officer)]
The following statutes affect this form: ss. 66.0401 and 66.0403, Wis. stats.
