STATE OF
Town of
ORDINANCE #2-2007
TOWN OF
Section 1. Title and
Purpose.
The title of this Ordinance
is the Town of
Section 2. Authority.
The Town Board of the Town
of
Section 3. Adoption of Ordinance.
The Town Board of the Town
of
Section 4. Coverage.
A. The Town Board prescribes
the form for citations to be issued in the Town of
1. The name, address, and date of birth of the
alleged violator.
2. The name and department of the issuing
officer.
3. The violation alleged,
and the section of the ordinance violated.
4. The factual allegations
describing the alleged violation, including the time and place of the
violation.
5. The designation of the violation in a manner
that can be readily understood by a person making a reasonable effort to do so.
6. A date, time and place
for the court appearance and a notice to appear.
7. A statement that in
essence informs the alleged violator of all 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 Ch. 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 consider the nonappearance to be a plea of no contest and enter
judgment under sec. 66.0113(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 Ch. 814, 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 sec. 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 of cash deposits that are required for the various Town of
For a first offense
ordinance violation: $100 plus current court costs.
For a second or subsequent
offense ordinance violation: $200 plus current court costs.
C. The Town Board names the
Chippewa County clerk of circuit court as the person to whom cash deposits are
to be made, and requires that receipts be given for cash deposits.
Section 5. Issuance and Service of Citation.
Town of
The Sampson Town Board has
designated the Town Chairperson or any person approved by the Town Board to
serve any citations for the Town of
Section 6. Relationship
to other Laws.
The adoption and
authorization for use of a citation under this Ordinance does not preclude the
Town Board of the Town of Sampson 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 Ordinance does not preclude proceeding under any other ordinance or law
relating to the same or any other matter.
Section 7. Severability.
If any provision of this
ordinance of 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 of application, and to
this end, the provisions of this ordinance are severable.
Section 8. Effective date.
This Ordinance is effective
on publication or posting.
The town clerk shall
properly post or publish this ordinance as required under s. 60.80, Wis. Stats.
Adopted this 7 day of August
2007.
Joseph
Butterfield, Town Board Chairman
Norman
Gutsch, First Supervisor
Chris
Haller, Second Supervisor.
Attest: Veda Reed, Town Clerk