Town of Red Cedar
Ordinance relating to Issuance of Citation
For Violations of Town Ordinances
Ordinance #1213-2004
The Town Board of Supervisors of the town of Red Cedar, Dunn County, does ordain as follows:
SECTION 1 - STATUTORY AUTORITY
Pursuant to Section 66.0113 of Wisconsin Statutes, the Town Board hereby elects to use the citation method of enforcement of town ordinances described herein, or in a separate ordinance, including those for which a statutory counterpart exists.
SECTION 2 - FORM OF CITATION
The Citation shall contain the following:
A) The name and address of the alleged violator;
B) The factual allegations describing the alleged violation;
C) The time and place of the offence;
D) The section of the ordinance violated;
E) A designation of the offense in such manner as can readily be understood by a person making a reasonable effort to do so;
F) The time at which a alleged violator may appear in court;
G) A statement which in essence informs the alleged violator:
1. That a cash deposit based on the schedule established by this or other town ordinance may be made which shall be delivered or mailed to the Clerk of Court prior to the time of the scheduled court appearance.
2. That if a deposit is made, no appearance in court is necessary unless the defendant is subsequently summoned.
3. That if a cash deposit is made and the alleged violator does not appear in court, he will be deemed to have entered a plea of no contest, and submitted to a forfeiture with applicable penalty assessment, or if the court does not accept the plea of no contest, a summons will be issued commanding him to appear in court to answer the complaint.
4. That 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 warrant for the defendant’s arrest or consider the non-appearance to be a plea of no contest and enter judgment, or an action may be commenced to collect the forfeiture.
H) 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 “g” above has been read. Such statement shall be sent or brought with the cash deposit;
I) A statement that if the court finds that the violation involves an offence that prohibits conduct prohibited by state statute punishable by fine or imprisonment or both, and that the violation resulted in property damage or physical injury to a person other than the alleged violator, the court may summon the defendant into court to determine if restitution shall be ordered under Section 800.093 (municipal court)
J) Such other information as the town deems necessary.
SECTION 3 - SCHEDULE OF DEPOSITS
The following schedule of cash deposits is established for use with citations issued under this ordinance.
ORDINANCE TITLE OFFENSE DEPOSITS AND COSTS
Zoning Ordinance # 0412-1999 Failure to obtain $25.00 plus court costs
Building permits required
Dog Control Violation $50.00 first offence
State Statute #174.042 $100.00 second offence
Plus court costs
Road Standards Violation $1000.00 plus all costs
Ordinance # 0712-2004 No permit Plus court costs
Driveway Standards Violation $100.00 plus all costs
Ordinance # 0408-1999 No permit Plus all court costs
Utility Work Violation $100.00 plus all costs
Ordinance # 0408-1999 No permit Plus all court costs
Parking on Town Roads Violation $25.00 first offence
Ordinance # 95-0404 $50.00 second offence
Plus all court costs
Storage of Construction Material Violation $25.00 per day
Ordinance # 95-0405 Plus all court costs
Storage of Non Registered or Violation $25.00 per day
Non Licensed Vehicles Plus all court costs
Ordinance # 95-0406
Dwelling Code Violation $25.00 plus double the
Cost of permits
Plus court costs
Deposits shall be made in cash, money order or certified check to the Clerk of Circuit Court who shall provide a receipt therefore.
SECTION 4 - ISSUANCE OF CITATION
The following officials may issue citation with respect to those specified ordinances which are directly related to their official responsibilities.
ORDINANCE TITLE ENFORCEMENT OFFICIAL
Zoning Ordinance Building Inspector
Town Board
Dog Control Town Board
Road Standards Town Board
Driveway Standards Town Board
Utility Work Town Board
Parking on Town Roads Town Board
Storage of Construction Material Town Board
Storage of Non Registered or
Non Registered Vehicles Town Board
Uniform Dwelling Code Building Inspector
SECTION 5 - PROCEDURE
Section 66.0113(3) Wisconsin Statutes relating to violator’s options and procedures on default is hereby adopted and incorporated by reference.
SECTION 6 - NONEXCLUSIVITY
A. OTHER ORDINANCE
Adoption of this ordinance does not preclude the Town Board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter.
B. OTHER REMEDIES
The issuance of a citation hereunder shall not preclude the Town Board or any authorized office from proceedings under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.
SECTION 7 - SERVERABILITY
If any provision of this ordinance is invalid or unconstitutional, or if the application of this ordinance to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application.
SECTION 8 - EFFECTIVE DATE
This ordinance shall take effect upon its passage and publication on posting as provided by law. The forgoing ordinance was adopted at a regular meeting of the Town Board of the Town of Red Cedar on December 13, 2004.
The Citation Ordinance will be effective January 19, 2005 following publication as provided by law. Passed this 13th day of December, 2004.
_______________________________
Steve Kothlow, Chairman
_______________________________
Doug Miller, Supervisor #1
_______________________________
Doug Prochnow, Supervisor #2
Filed this 13th day of December
Published January 19, 2005 in the Dunn County News
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LaRae McCulloch, Clerk
