Chapter 39
CITATIONS
[HISTORY: Adopted
by the Town Board of the Town of Troy 3-12-1990 by Ord. No. 90-3; amended in
its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art.
I). Subsequent amendments noted where applicable.]
§ 39-1. Statutory authority.
Pursuant to § 66.0113,
Wis. Stats., the Town Board of Supervisors of the Town of Troy, St. Croix
County, Wisconsin, hereby elects to use the citation method of enforcement of
Town ordinances described herein, other than those for which a statutory
counterpart exists.
§ 39-2. 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 language 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 that:
(1) A cash deposit based on the schedule established by this chapter
may be made which shall be delivered or mailed to the Town Clerk-Treasurer
prior to the time of the scheduled court appearance.
(2) If a deposit is made, no appearance in court is necessary unless
he is subsequently summoned.
(3) If a cash deposit is made and the alleged violator does not
appear in court, 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 to appear in court to answer the complaint.
(4) 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.
(5) 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 § 800.093, Wis. Stats.
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 Subsection G above has been read.
Such statement shall be sent or brought with the cash deposit.
I. Such other information as the Town deems necessary.
§ 39-3. Schedule of deposits.
A. The following schedule of cash deposits is established for use
with citations issued under this chapter.
|
|
Title |
Offense |
Deposits and Costs |
|
|
Building Construction |
Violation |
Not less than $25 nor more than $500 + court costs |
|
|
Burning, Outdoor (Ch. 32) |
Violation |
$50 + court costs |
|
|
Developer's Agreement |
Violation |
Not more than $500 |
|
|
Dogs (Ch. 8, Art. I, § 8-3) |
1st Violation |
$30 + court costs |
|
|
|
Subsequent violations |
$50 + court costs |
|
|
Dogs (Ch. 8, Art. I, § 8-4A) |
1st Violation |
$100 + court costs |
|
|
|
Subsequent violations |
$400 + court costs |
|
|
Driveways (Ch. 125, Art. I) |
Violation |
$50 + court costs |
|
|
Fences (Ch. 135, Art. II) |
Violation |
$50 + court costs |
|
|
Glover Park |
Violation |
$50 + court costs |
|
|
|
Parking violation |
$50 |
|
|
Intoxicating Liquor and Fermented Malt Beverages (Ch. 74) |
Violation |
Not less than $200 nor more than $700 |
|
|
Littering (Ch. 85) |
Violation |
$300 + court costs |
|
|
Mobile Homes and Mobile Home Parks (Ch. 92, § 92-10C) |
Violation |
$25 |
|
|
Mobile Homes and Mobile Home Parks (Ch. 92, § 92-12) |
Violation |
Not less than $10 nor more than $200 + court costs |
|
|
Parking Restrictions |
Violation |
$50 + court costs |
|
|
River Access (Ch. 120) |
Violation |
$50 + court costs |
|
|
|
Parking violation |
$40 |
|
|
Road Standards (Ch. 125, Art. II) |
Violation |
$500 per day + court costs |
|
|
Speed Limits (Ch. 156, Art. III) |
1st Violation |
Not less than $40 nor more than $300; doubled if violation
occurs in work area while workers are present |
|
|
|
Subsequent violations |
Not less than $80 nor more than $600; doubled if violation
occurs in work area while workers are present |
|
|
Speed Limits (Ch. 156, Art. III), violations by bicycle
and electric personal assistive mobility device operators |
Violation |
Not more than $20 (per state law) |
|
|
Subdivision Regulations (Ch. 135, Art. I) |
Violation |
$500 per offense + court costs |
|
|
Utilities, Installation |
Violation |
Not less than $100 nor more than $250 + court costs |
|
|
Weight Limits (Ch. 156, Art. I) |
1st Violation |
Not less than $50 nor more than $100 |
|
|
|
Subsequent violations |
Not less than $100 nor more than $200 |
|
|
Zoning (Ch. 170) |
Violation |
Not less than $2,500 nor more than $5,000 + court costs |
B. Deposits shall be made in cash, money order or certified check
to the Town Clerk-Treasurer, who shall provide a receipt therefor.
§ 39-4. Issuance of citation.
The following Town
officials may issue citations with respect to those specified ordinances which
are directly related to their official responsibilities:
|
Title |
Enforcement Official |
|
Building Construction (Ch. 27) |
Building Inspector |
|
Burning, Outdoor (Ch. 32) |
Town Board |
|
Developer's Agreement (Ch. 135, Art. III) |
Town Board |
|
Dogs (Ch. 8, Art. I) |
Constable or any St. Croix County Sheriff's Deputy |
|
Driveways (Ch. 125, Art. I) |
Town Chairperson or designated representative |
|
Fences (Ch. 135, Art. II) |
Town Board |
|
Glover Park (Ch. 109, Art. I) |
Constable or any St. Croix County Sheriff's Deputy |
|
Intoxicating Liquor and Fermented Malt Beverages (Ch. 74) |
Town Chairperson or designated representative, any St.
Croix County Sheriff's Deputy and Constable |
|
Littering (Ch. 85) |
Constable or any St. Croix County Sheriff's Deputy |
|
Mobile Homes and Mobile Home Parks (Ch. 92) |
Town Board |
|
Parking Restrictions (Ch. 156, Art. II) |
Constable or any St. Croix County Sheriff's Deputy |
|
River Access (Ch. 120) |
Constable or any St. Croix County Sheriff's Deputy |
|
Road Standards (Ch. 125, Art. II) |
Town Chairperson and Town Board |
|
Speed Limits (Ch. 156, Art. III) |
Any St. Croix County Sheriff's Deputy |
|
Subdivision Regulations (Ch. 135, Art. I) |
Town Board or Town Building Inspector |
|
Utilities, Installation of (Ch. 149, Art. I) |
Town Chairperson or designated representative |
|
Weight Limits (Ch. 156, Art. I) |
Constable or any St. Croix County Sheriff's Deputy |
|
Zoning (Ch. 170) |
Building Inspector |
§ 39-5. Procedure on default.
Section 66.0113(3), Wis.
Stats., relating to violator's options and procedure on default, is hereby
adopted and incorporated by reference.
§ 39-6. Chapter and remedies not exclusive.
A. Other ordinance. Adoption of this chapter 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, regulation or order.
§ 39-7. General penalty.
Any person who shall
violate any provision of any Town ordinance for which a forfeiture is not
otherwise provided shall be subject to a forfeiture which shall be as follows:
A. First offense. Any person who shall violate any ordinance or
part of an ordinance of this Town shall, upon conviction thereof, forfeit not
less than $1 nor more than $500, together with the costs of prosecution, and in
default of payment of such forfeiture and costs of prosecution shall be
imprisoned in the county jail until such forfeiture and costs are paid, but not
exceeding 90 days. Each day that such violation continues will constitute a
separate offense.
B. Second offense. Any person found guilty of violating any
ordinance or part of an ordinance of this Town who shall previously have been
convicted of a violation of the same ordinance shall, upon conviction thereof,
forfeit not less than $10 nor more than $500 for each such offense, together
with the costs of prosecution. Each day that such violation continues will
constitute a separate offense.
C. Execution against defendant's property. Whenever any person fails to pay any forfeiture and costs of prosecution upon the order of the court for violation of any ordinance of the Town, the court may, in lieu of ordering imprisonment of the defendant, or after the defendant has been released from custody, issue an execution against the property of the defendant for such forfeiture and costs.