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TOWN OF CLOVERLAND CITATION ORDINANCE ORDINANCE NO. 18.01 SECTION I - TITLE/PURPOSE The title of this Ordinance is the Town of Cloverland Citation Ordinance. The purpose of this ordinance is to authorize the town board of the Town of Cloverland, or its designees, to issue citations for violations of Town of Cloverland ordinances, including ordinances with statutory counterparts. SECTION II - AUTHORITY The town board of the Town of Cloverland has the specific authority under s. 66.0113, Wis. Stats., to adopt this ordinance. SECTION III - ADOPTION OF ORDINANCE The town board of the Town of Cloverland, 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 Cloverland to issue citations for violations of the Town of Cloverland ordinances, including ordinances with statutory counterparts. SECTION IV - COVERAGE A. Except as provided in subsection E of this Section IV, the town board prescribes the form for citations to be issued in the Town of Cloverland by the town board, or its designees, for violations of Town of Cloverland ordinances which citations shall be as provided in this subsection and which 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 make 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 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, plus costs, fees, and surcharges imposed under ch. 814, Wis. stats. e. That if the court finds 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 ready 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. The town board adopts the following schedule of cash deposits that are required for the various Town of Cloverland ordinance violations which includes for each listed violation costs, fees, and surcharges imposed under ch. 814, Wis. Stats.: Ordinance Title Offense Deposits & Costs Driveways Ordinance 2.01 Failure to obtain permit $100 plus current court costs Failure to properly $100 plus current court costs construct driveway for each violation Failure to correct violation $100 plus current court costs for each day violation continues Lighting Ordinance 3.01 Failure to comply with $25 plus current court costs provisions for each day of violation after 30 day notification of violation Animal Control Ordinance 4.01 Violation $10 license Building Setback Ordinance 5.01 Failure to obtain setback $10 minimum per day nor variance if less than 75' more than $200 per offense setback plus current court costs Signs Ordinance 9.01 Violation $25 for each day of violation after 45 day notice plus current court costs Snowmobile Access Ordinance Violation As found in s.350.11(1)(a) 10.01 Wis. Stats. Fireworks Storage Ordinance Failure to obtain permit $25 minimum nor more than 12.01 $100 plus current court costs Recycling Ordinance 13.01 Violation $50 first offense $200 second offense $2000 third or subsequent offense plus current court costs Fire Damaged Buildings 14.01 Violation $25 minimum nor more than $100 plus current court costs Road Weight Limits 15.01 Violation per ch. 348 & 349 Wis. Stats. Boating & Water 17.01 Violation $50 first offense $100 maximum for each subsequent offense within 1 year plus current court costs C. The town board designates the Clerk of Circuit Court for Vilas County, Wisconsin, as the official to whom cash deposits are to be made and requires that receipts be given for cash deposits. 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 Cloverland in lieu of the citation form noted above in subsection A. E. The town board requires that in actions for violations of Town of Cloverland ordinances enacted in accordance with s. 23.33(11)(am) or s. 30.77, Wis. stats., the citation form specified in 23.54, Wis. Stats., shall be used in lieu of the citation form noted above in subsection A. SECTION V - ISSUANCE AND SERVICE OF CITATION A. The Town of Cloverland citations may be issued by the Town Board of the Town of Cloverland or it may designate certain Town of Cloverland, Vilas County, or other municipal officials, with their written approval, to issue such citations. B. In addition, the following officials may issue citations as indicated: Animal Control: Animal Control Officer Recycling: County Officer Fire Damaged Buildings: Town Board or Joint Municipal Fire Commission Designee Road Weight Limits: Town Board or County Officer SECTION VI - PROCEDURE The provisions of Wis. Stats. s. 66.0113(3), relating to violator's options and procedure on default, are adopted and incorporated in this section by reference. SECTION VII - NON-EXCLUSIVITY The adoption and authorization for use of a citation under this Ordinance does not preclude the Town Board of the Town of Cloverland 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 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 Ordinance. SECTION VIII -SECTION IX - 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 IX - 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 ______ day of ____________________, 2007. TOWN OF CLOVERLAND: By: Scott Maciosek, Chairman By: Chuck Wranosky, Supervisor By: Joe Eisele, Supervisor By: Marty Ketterer, Supervisor By: Steve Favorite, Supervisor By: Mildred Ritzer, Town Clerk ADOPTED: PUBLISHED: EFFECTIVE:
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