ENFORCEMENT and PENALTIES OF ORDINANCES
5-1
Purpose
5-2
Authority
5-3
Method
of Enforcement
5-4
Issuance
of Citation
5-5
Form of
Citation
5-6
Information
Contained in Citation
5-7
Schedule
of Deposits
5-8
Procedure
5-9
Nonexlusivity
SEC 5-1 PURPOSE.
The purpose of this Ordinance is to achieve greater efficiency and
economy in the enforcement of Town of Barnes ordinances and to guarantee the
fairness and consistency of enforcement procedures.
SEC. 5-2 AUTHORITY.
(a) This Chapter is created pursuant to the authority granted by Ch. 66, Wis. Stats.
(b) Nothing contained in this Chapter shall be constructed to prevent the use of any other method of enforcing Town of Barnes ordinances, including but not limited to, the use of a summons and complaint.
SEC. 5-3 METHOD
OF ENFORCEMENT.
The Town of Barnes hereby elects to use the citation method of enforcement of ordinances. All Town Constables and other Town personnel charged with the responsibility of enforcing the provisions of this Code of Ordinances are hereby authorized pursuant to Sec. 66.119(1)(a), Wis. Stats., to issue citations for violations of the Code of Ordinances, including ordinances for which a statutory counterpart exists.
SEC. 5-4 ISSUANCE
OF CITATION.
Unless otherwise designated, the Town of Barnes Constable may issue citations
authorized under this Code of Ordinances.
SEC. 5-5 FORM
OF CITATION.
The form of the citation to be used by the Town is on file in the Town
Clerk’s office and is adopted by reference as though fully set forth herein.
SEC. 5-6 INFORMATION
CONTAINED IN CITATION.
(a)
Citations issued pursuant to this Chapter shall provide for 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 such a 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 a cash deposit based upon the schedule established by this Code of
Ordinances may be made which shall be delivered or mailed to the Clerk of
Circuit Court prior to the time of the scheduled court appearance.
b.
That if a deposit is made, no appearance inn court is necessary unless
s/he is subsequently summoned.
c.
That if a cash deposit is made and the alleged violator does not appear
in court, s/he will be deemed to have entered a plea of no contest, 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.
d.
That if no cash deposit is made and the alleged violator does not appear
in court at the time specified, an action may be commenced to collect the
forfeiture.
(8)
A direction that if the alleged violator elects to make a cash deposit,
the statement which accompanies the citation shall be signed to indicated that
the statement required under Subsection (1) above has been read. Such statement shall be sent or brought with
the cash deposit.
(9)
Such other information as the Town deems necessary.
SEC. 5-7 SCHEDULE OF DEPOSITS.
(a) Unless otherwise indicated within the Code of Ordinances, the schedule of deposits as indicated below shall be made in cash, money order or certified check to the Clerk of Circuit Court, Bayfield County, who shall provide a receipt therefore.
Code # |
Offense |
Forfeiture |
Assessments, Costs & Fees |
Total Deposit |
7-2 |
Unauthorized Activity: Locks |
100.00 |
143.00 |
243.00 |
7-3 |
Unauthorized
Activity: Dams & Waters |
100.00 |
143.00 |
243.00 |
7-4 |
Unauthorized
Activity: Town
Property |
50.00 |
131.00 |
181.00 |
8-4 |
Ski
Jet & Water Skiing Violation |
100.00 |
143.00 |
243.00 |
9-3 |
Destruction/Defacement
of Town Property |
100.00 |
143.00 |
243.00 |
9-4 |
Littering |
250.00 |
179.00 |
429.00 |
10-3 |
Snowmobile
Town Road Violations |
50.00 |
131.00 |
181.00 |
10-4 |
Snowmobile
Designated Road Violations |
50.00 |
131.00 |
181.00 |
11-3 |
ATV
Town Violations |
50.00 |
131.00 |
181.00 |
11-4 |
ATV
Designated Road Violation |
50.00 |
131.00 |
181.00 |
12-2 |
Parking in No Park Zone |
50.00 |
131.00 |
181.00 |
13-3 |
Public
Nuisance: Exterior free from Garbage/Rubbish |
100.00 |
143.00 |
243.00 |
15-1 |
Prohibition:
Nude Exhibition |
200.00 |
167.00 |
367.00 |
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(b)
If the total of the statutory assessments, costs and fees is changed by
future legislation, the above schedule shall be automatically adjusted to
comply with such legislation, provided that the forfeiture amounts shall not be
changed except by amendment of this Section.
SEC. 5-8 PROCEDURE.
Section 66.119, Wis. Stats., relating to violator’s options and procedure
on default is hereby adopted and incorporated by reference.
SEC. 5-9 NONEXCLUSIVITY.
(a) Adoption
of this Section in no way precludes the adoption of any other ordinance
providing for the enforcement of any law or ordinance relating to the same or
any other matter. The issuance of a
citation under this Section in no way precludes proceeding under other law or
ordinance relating to the same or any other matter.
(b) Submission
of a deposit shall in no way prevent the issuance of future citations or the
taking of other legal action against the violator, should the alleged offense
remain uncorrected.