§ 1-44. Form of citation.  


Latest version.
  • The form of the citation to be issued by law enforcement officers or other designated town officials is incorporated herein by reference and shall provide for the following information:

    (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 such manner as 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 which, in essence, informs the alleged violator:

    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 such a deposit, he 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 either will be deemed to have tendered a plea of no contest and submitted to a forfeiture, plus costs, fees, and surcharges imposed under Wis. Stats. ch. 814, 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 Wis. Stats. § 66.0113(3)(d), or the town may commence an action against the alleged violator to collect the forfeiture, plus costs, fees, and surcharges imposed under Wis. Stats. ch. 814;

    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 Wis. Stats. § 800.093;

    (8)

    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 read the statement required under subsection (7) of this section and shall send the signed statement with the cash deposit;

    (9)

    Such other information as may be deemed necessary.

(Prior Code, § 1-2-3)

State law reference

Similar provisions, Wis. Stats. § 66.0113(1)(b).