TOWN OF GILMAN
ORDINANCE RELATING TO
ISSUANCE OF CITATIONS
FOR VIOLATIONS OF TOWN ORDINANCES
The Town Board of Supervisors of the Town of Gilman, Pierce County, does ordain as follows:
SECTION 1 – STATUTORY AUTHORITY
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 counter part 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 offense;
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 the 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 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/she will be deemed to have entered a plea of no contest, and submitted to forfeiture with applicable penalty assessment, or if the court does not accept the plea of no contest, a summons will be issued commanding him/her 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 offense 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;
k) Deposits shall be made in cash, money order or
certified check to the Clerk of Circuit Court who shall
provide a receipt therefore.
SECTION 3 – ISSUANCE OF CITATION
Any elected Town of Gilman official and/or a person or party designated by the Gilman Town Board may
issue citations with respect to Town ordinances with approval of the Town Board.
SECTION 4 – PROCEDURE
Section 66.0113(3) Wisconsin Statutes relating to violator’s options and procedures on default is hereby
adopted and incorporated by reference.
SECTION 5 – 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 6 – SEVERABILITY
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.
SECTIONAL 7 – EFFECTIVE DATE
This ordinance shall take effect upon its passage and publication or posting as provided by law.
The foregoing ordinance was adopted at a special meeting of the Town Board of
the Town of Gilman on
September 13, 2004.
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