ORDINANCE NO Printer friendly page


ORDINANCE NO. 2005-1


AN ORDINANCE CREATING CHAPTER 1-3-1 OF THE MUNICIPAL CODE OF THE TOWN OF KICKAPOO, VERNON COUNTY, WISCONSIN AUTHORIZING THE ISSUANCE OF CITATIONS FOR VIOLATIONS OF THE MUNICIPAL CODE OF ORDINANCES AND ESTABLISHING A BOND SCHEDULE


THE TOWN BOARD OF THE TOWN OF KICKAPOO, VERNON COUNTY, WISCONSIN, DO ORDAIN AS FOLLOWS:


Section I: Chapter 1-3-1 of the Municipal Code of the Town of Kickapoo shall be and hereby is created to read as follows:


1-3-1 USE OF CITATIONS AUTHORIZED; BOND SCHEDULE


(1) PURPOSE


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


(2) AUTHORITY


The Town Board of the Town of Kickapoo has the specific authority under s. 66.0113, Wis. Stats., to adopt this section.


(3) COVERAGE


A. Except as provided in subsection E of this section, the Town Board prescribes the form for citations to be issued in the Town of Kickapoo by the Town Board, or its designees, for violations of Town of Kickapoo code 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 offense.

4. The section 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.

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, a penalty assessment imposed by s. 757.05, Wis. Stats., a jail assessment imposed by s. 302.46 (1), Wis. Stats., a crime laboratories and drug law enforcement assessment imposed by s. 165.755, Wis. Stats., any applicable consumer information assessment imposed by s. 100.261, Wis. Stats., and any applicable domestic abuse assessment imposed by s. 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.

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, the penalty assessment imposed by s. 757.05, Wis. Stats., the jail assessment imposed by s. 302.46 (1), Wis. Stats., the crime laboratories and drug law enforcement assessment imposed by s. 165.755, Wis. Stats., any applicable consumer information assessment imposed by s. 100.261, Wis. Stats. and any applicable domestic abuse assessment imposed by s. 973.055 (1), 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. To ensure uniformity and equal treatment of all persons who violate any provision of the Town’s municipal code, the deposit amounts set forth in the Revised Uniform State Deposit Schedules, adopted by the Wisconsin Judicial Conference, as the same are amended from time to time, together with costs and surcharges, shall be the forfeitures imposed where the schedule states a deposit amount for a violation of statutory counterparts to the provisions of the code. The following Schedule of Deposits for Ordinance Violations shall be the used to establish the deposit amount for forfeitures for other Town Ordinance violations.


TOWN OF KICKAPOO SCHEDULE OF PENALTIES FOR ORDINANCE VIOLATIONS (Add all court costs and surcharges to amounts listed)

DESCRIPTION

FIRST OFFENSE WITHIN 12 MONTHS

SECOND AND SUBSEQUENT OFFENSE WITHIN 12 MONTHS

Any offense for which the specified forfeiture is not less than $1.00 and not more than $50.00

$20.00

$40.00

Any offense for which the specified forfeiture is not less than $1.00 and not more than $200.00

$75.00

$150.00

Any offense for which the specified forfeiture is not less than $1.00 and not more than $500.00

$200.00

$375.00

Any offense for which the specified forfeiture is at least $501.00

$501.00

maximum permitted

1. Penalty For Minors. In the event proceedings are commenced against children aged l6 or older for traffic violations, or children 14 years of age or older for other ordinance violations, except traffic violations, the provisions of ss. 48.17(2), 48.237, 48.37, 48.343 and 48.344, Wis. Stats., shall be applicable.

2. Continued Violations. Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing shall preclude the Town from maintaining any appropriate action to prevent or remove an ordinance violation.

3. Execution Against Defendant’s Property. Whenever any person fails to pay any forfeiture and costs of prosecution upon the order of the court for violation of any Town ordinance, the court may, in lieu of ordering imprisonment of the defendant, or after the defendant has been released from custody, issue an execution against the property of the defendant for said forfeiture and costs.


  1. The Town Board names the following Clerk of Court to whom cash deposits are to be made and require that receipts be given for cash deposits:

Clerk of Circuit Court

Vernon County Courthouse

400 Courthouse Square

P.O. Box 426

Viroqua, WI 54665-0426

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 Kickapoo in lieu of the citation form noted above in subsection C of this section.

E. The Town Board requires that in actions for violations of Town of Kickapoo ordinances enacted in accordance with s. 23.33 (11)(am) or s. 30.77, Wis. Stats., the citation form specified in s. 23.54, Wis. Stats., shall be used in lieu of the citation form noted above in subsection C of this section.


(4) ISSUANCE AND SERVICE OF CITATION


A. The Town of Kickapoo citations may be issued by the Town Board of the Town of Kickapoo or the Town Board of the Town of Kickapoo may designate certain Town of Kickapoo, Vernon County or other municipal officials, with their written approval, to issue such citations.

B. The Town of Kickapoo citations, in addition, shall specifically be issued by the Town Chairperson or any Town Supervisor.

C. The Town of Kickapoo Town Board has designated the Town Chairperson, Town Supervisors or any person approved by the Town Board to serve any citations for the Town of Kickapoo upon issuance. Any person specifically authorized by the Town Board to issue citations by the Town Board of the Town of Kickapoo may also serve such citations.


(5) RELATIONSHIP TO OTHER LAWS


The adoption and authorization for use of a citation under this section does not preclude the Town Board of the Town of Kickapoo from adopting any other ordinance or providing for the enforcement of any other law or 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 section does not preclude proceeding under any other ordinance or law relating to the same of 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 section.”


Section II: This section is effective on publication or posting.


ADOPTION OF ORDINANCE:


The town board of the Town of Kickapoo, by this ordinance, adopted on proper notice with a quorum and by a roll call vote by a majority of the town board present and voting, provides the authority for the Town of Kickapoo to issue citations for violations of Town of Kickapoo ordinances, including ordinances with statutory counterparts.


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P.O. Box 1 Readstown, WI 54652 Phone: 608-629-5848