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HomeMy WebLinkAboutOrdinance 1989 (236) CITATION ORDINANCE Ordinance No. o- ,1 6 (PO St. Croix County Board of Supervisors, meeting in regular session, hereby ordains as follows: I. AUTHORITY. Pursuant to Sec. 66.119, Wisconsin Statutes, this ordinance is adopted and authorizes the use of a citation to be issued for violations of ordinances. This ordinance becomes effective the day after official publication. II. FORM OF CITATION. The form of the citation shall provide for 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 offense. D. The section of the ordinance violated. E. A designation of the offense in such manner as can be readily understood by a person making a reasonable effort to do so. F. The time at which the alleged violator may appear in court. G. A statement which in essence informs the alleged violator: 1. That the alleged violator may make a cash deposit of a specified amount to be mailed to a specified official within a specified time. 77 vestmoares. 2. That if the alleged violator makes such a deposit, he or she -need not appear in court unless subsequently summoned. 3. That if the alleged violator makes a cash deposit and does not appear in court, either he or she will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment imposed by s. 165.87, Wisconsin Statutes, and a jail assessment imposed by s. 53.46(1), Wisconsin Statutes, 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. 4. That if the alleged violator does not make a cash deposit and does not appear in court at the time specified, an action may be commenced against the alleged violator to collect the forfeiture, the penalty assessment imposed by s. 165.87 and the jail assessment imposed by s. 53.46(1). H. A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he or she read the statement required under subd. G and shall send the signed statement with the cash deposit. I. Such other information as may be deemed necessary. III. SCHEDULE OF DEPOSITS. A. The following is a schedule of cash deposits required for ordinance violations: Zoning Ordinance Chapter Ordinance Title * Deposit or Ordinance Number or Subject • Ch. 15 Sanitary Code: Water Supply $190 Waste Disposal 250 Sewage Disposal 250 Maintenance Program 190 Ch. 17 General, Shoreland, Floodplain Zoning 250 Offstreet Parking 130 Highway Setback and Regulation of Signs 190 Ch. 18 Subdivision and Platting 250 109(85) Public Health (Nuisance) 190 110(85) Waste Tires 250 130(85) Animal Waste 250 187(87) Solid Waste Collection and Transportation 190 226(89) Nonmetallic Mining 190 * Includes a 20% penalty assessment imposed by s. 165.87 and a jail assessment of $10 imposed by s. 53.46(1), Wisconsin Statutes. B. Cash deposits shall be made to the Clerk of Court, who shall issue a receipt for cash deposits. C. Cash deposit means deposits made in cash, by money order or by certified check. IV. ISSUANCE OF CITATIONS. A. Any law enforcement officer of the county may issue citations under this ordinance. B. In addition, the county zoning administrator, public health officer or his /her designee may issue citations under this ordinance. V. VIOLATOR'S OPTIONS: PROCEDURES ON DEFAULT. A. The person named as the alleged violator in a citation may appear in court at the time specified in the citation or may mail or deliver personally a cash deposit in the amount, within the time and to the clerk of court specified in the citation. If a person makes a cash deposit, the person may nevertheless appear in court at the time specified in the citation, provided that the cash deposit may be retained for application against any forfeiture, penalty assessment or jail assessment which may be imposed. B. If a person appears in court in response to a citation, the citation may be used as the initial pleading, unless the court directs that a formal complaint be made, and the appearance confers personal jurisdiction over the person. The person may plead guilty, no contest or not guilty. If the person pleads guilty or no contest, the court shall accept the plea, enter a judgment of guilty and impose a forfeiture, the penalty assessment imposed by s. 165.87 and the jail assessment imposed by s. 53.46(1). A plea of not guilty shall put all matters in the case at issue, and the matter shall be set for trial. C. If the alleged violator makes a cash deposit and fails to appear in court, the citation may serve as the initial pleading and the violator shall be deemed to have tendered a plea of no contest and submitted to a forfeiture, the penalty assessment imposed by s. 165.87 and the jail assessment imposed by s. 53.46(1) not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment ...:. ....., accordingly or reject the plea. If the court accepts the plea of no contest, the defendant may move within 10 days after the date set for the appearance to withdraw the plea of no contest, open the judgment and enter a plea of not guilty if the defendant shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect. If the plea of no contest is accepted and not subsequently changed to a plea of not guilty, no costs or fees may be taxed against the violator, but a penalty assessment and a jail assessment shall be assessed. If the court rejects the plea of no contest or if the alleged violator does not make a cash deposit and fails to appear in court at the time specified in the citation, an action for collection of the forfeiture, penalty assessment and jail assessment may be commenced under s. 778.10. The citation may be used as the complaint in the action for the collection of the forfeiture, penalty assessment and jail assessment. VI. RELATIONSHIP TO OTHER LAWS. The adoption of this ordinance shall not preclude the county 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 shall not preclude a proceeding under any other law or ordinance relating to the same or any other matter. A proceeding under any other ordinance or law relating to the same or any other proceeding shall not preclude the issuance of a citation under this section. • VII. SEVERABILITY. If any provision of this ordinance is held to be invalid or unconstitutional, or if the application of this ordinance to any person or circumstances is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the provision or application of this ordinance which can be given effect without the invalid or unconstitutional provision or application. VIII. AMENDMENTS. Any future amendments, revisions, or modifications of Wisconsin Statutes sec. 66.119 or any other statutes referred to in this ordinance are intended to be made part of this ordinance as such amendments, revisions, or modifications are made to said statutes. Dated this / day of 6 C fddei' , 1989. Comprehensive Planning, Zoning and Parks Committee Negative Affirmative f / /l _di r!!ii v ` / •_. 1 i