Citation_ordinance66.0113: Citation ordinance
The following statutes affect this form: ss. 66.0113 and 800.02, Wis. stats.
STATE OF WISCONSIN
Town of ________
________ County
SECTION I – TITLE AND PURPOSE
The title of this ordinance is the Town of ________ Citation Ordinance. The purpose of this ordinance is to authorize the Town Board of the Town of ________, or its designees, to issue citations for violations of Town of ________ ordinances, including ordinances with statutory counterparts.
SECTION II – AUTHORITY
The Town Board of the Town of ________, ________ County, Wisconsin, has the specific authority under s. 66.0113, Wis. stats., to adopt this ordinance.
SECTION III – ADOPTION OF ORDINANCE
This ordinance, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, provides the authority for the town to issue citations for violations of Town of ________ ordinances, including ordinances with statutory counterparts.
SECTION IV – SUBDIVISION AND NUMBERING OF THIS ORDINANCE
This ordinance is divided into sections designated by uppercase Roman numerals. Sections may be divided into subsections designated by uppercase letters. Subsections may be divided into paragraphs designated by numbers. Paragraphs may be divided into subdivisions designated by lowercase letters. Subdivisions may be divided into subdivision paragraphs designated by lowercase Roman numerals. Reference to a “section,” “subsection,” “paragraph,” or “subdivision” includes all divisions of the referenced section, subsection, paragraph, or subdivision.
SECTION V – COVERAGE
A.   Except as provided in subsections D and E [and F if applicable], the form for citations to be issued in the Town of ________ by the town board, or its designees, for violations of Town of ________ ordinances shall be as provided in this subsection and shall include all of the following:
1.   The name and address of the alleged violator.
2.   The factual allegations describing the alleged violation.
3.   The time and place of the alleged violation.
4.   The number of the ordinance violated.
5.   A designation of the offense in a manner that can be readily understood by a person making a reasonable effort to do so.
6.   The time at which the alleged violator may appear in court, and a statement describing whether the appearance is mandatory.
7.   A statement that in essence informs the alleged violator of all of the following:
a.   That the alleged violator may make a cash deposit of a specified amount to be mailed to a specified official within a specified time.
b.   That if the alleged violator makes a cash deposit, he or she need not appear in court unless appearance is mandated by the court or he or she is subsequently summoned.
c.   That if the alleged violator makes a cash deposit and 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 under ch. 814, 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.
d.   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 s. 66.0113 (3) (d), Wis. stats., or the municipality may commence an action against the alleged violator to collect the forfeiture, plus costs, fees, and surcharges imposed under ch. 814, Wis. stats.
e.   That 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 s. 800.093, Wis. stats.
8.   A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement that accompanies the citation to indicate that he or she read the statement required under s. 66.0113 (1) (b) 7., Wis. stats., and shall send the signed statement with the cash deposit.
9.   Any other information as may be deemed necessary.
B.   The town board adopts the following schedule of cash deposits that are required for the various Town of ________ ordinance violations, which includes for each listed violation the costs, fees, and surcharges imposed under ch. 814, Wis. stats.: [list deposit amount for each violation].
C.   The town board names the following court, clerk of court, or other official to whom cash deposits are to be made and requires that receipts shall be given for cash deposits: [state court, clerk of court, or official].