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Ordinance #20170712-3, Citation Ordinance

Town of Clover

Ordinance 20170712-3, Citation Ordinance

 

Section I, Purpose:

 This Ordinance replaces Ordinance #20170510-3 and includes the revisions suggested by the Town Attorney.

The purpose of this ordinance is to authorize the Town Board of the Town of Clover, or its designees, to issue citations for violations of Town of Clover ordinances, including ordinances with statutory counterparts.

 

Section II, Authority:

The Town Board of the Town of Clover, Bayfield County, Wisconsin, has the specific authority under §66.0113, Wis. Stats., to adopt this ordinance.

 

Section III, Coverage:

 A. Except as provided in subsections D and E, the form for citations to be issued in the Town of Clover by the Town Board, or its designees, for violation of the Town of Clover 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 reasonable effort to do so.
  6. The time at which the alleged violator may appear in court.
  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 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 chapter 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 §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 chapter 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 §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 §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: TABLE 2: Noncriminal Forfeitures, Wisconsin Circuit Courts (Effective July 1, 2016) of cash deposits that are required for the various Town of Clover ordinance violations, which includes for each listed violation the costs, fees, and surcharges imposed under chapter 814, Wis. Stats.

C. The Town Board names the elected clerk of Bayfield County Court, or other official to whom cash deposits are to be made and requires that receipts shall be given for cash deposits

D. The Town Board requires that in traffic regulation violation actions, except for parking regulation violations, the uniform traffic citation specified in §345.11, Wis. Stats., shall be used by the Town of Clover in lieu of the citation form described in subsection A.

E. The Town Board requires that in actions for violations of Town of Clover ordinances enacted in accordance with §23.33(11)(am) or 30.77, Wis. Stats., the citation form specified in §23.54, Wis. Stats., shall be used in lieu of the citation form described in subsection A.

 

Section IV, Issuance and Service of Citation:

A. Town of Clover citations may be issued by the Town Board of the Town of Clover, or by Resolution or Ordinance, the Town Board of the Town of Clover may designate certain Town of Clover, Bayfield County, or other municipal officials to issue such citations.

B. Town of Clover citations may be issued by the Town Chair. The Town Chair, by approval of the Town Board, may designate another Town employee to issue such citations for the Town of Clover. The Town Chair may revoke authority to issue citations at any time by the same method in which the designation was made.

C. The Town of Clover Town Board has designated the Town Chair or any person granted authority to issue citations, to serve such citations for the Town of Clover upon issuance.

 

Section V, Relationship to Other Laws:

 The adoption and authorization of the use of a citation under this ordinance does not preclude the Town Board of the Town of Clover from adopting or using other methods for the enforcement of Town Ordinances. Except where prohibited by law the issuance of a citation under this ordinance does not preclude proceeding under any other ordinance or law relating to the same matter. Proceeding under any other ordinance or law does not preclude the issuance of a citation under this ordinance related to the same matter.

 

Section VI, 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 VII, Effective Date:

 This ordinance is effective on publication.

 

Beverly M. Steele, Chairperson      Date

Sheryl Isaksson, Supervisor            Date

Barb Rebak, Supervisor                   Date

Jack Smith, Supervisor                    Date

Patti Stemwedel, Supervisor          Date

  

Attest:      Tracy Gillespey, Clerk                                  Date

 

TC Ordinance #20170712-3 Citation Ordinance Replacement

Created: 04/5/17; 5/9/17 corrected Tracy’s last name; 7/12/17 Additions, Deletions & Additions per Colleen Daly, Town Attorney