§ 1-7. Citation.

(a)

The citation shall contain the following:

(1)

The name and address of the alleged violator.

(2)

Factual allegations describing the alleged violation.

(3)

The time and place of the offense.

(4)

The section of the Code or ordinance violated.

(5)

A designation of the offense in such manner as can readily be 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 that:

a.

A cash deposit based on the schedule established by resolution may be made which shall be delivered or mailed to the clerk of municipal court prior to the time of the scheduled court appearance.

b.

If a cash deposit is made, no appearance in court is necessary unless subsequently summoned.

c.

If a cash deposit is made and the alleged violator does not appear in court, the nonappearance will be deemed a plea of no contest for which a forfeiture not to exceed the amount of the deposit is submitted including statutory assessments, or, if the court does not accept the plea of no contest, a summons will be issued ordering the alleged violator to appear in court to answer the complaint.

(b)

If the alleged violator does not make a cash deposit and fails to appear in court at the time specified in the citation, the court may issue a summons or warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment accordingly if service was completed as provided by law, and may commence an action for collection of the forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement and any applicable domestic abuse assessment. The village may commence action under Wis. Stats. § 66.12(1). The citation may be used as the complaint in the action for the collection of the forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment and any applicable domestic abuse assessment. If the court considers the nonappearance to be a plea of no contest and enters judgment accordingly, the court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow the defendant not less than 20 days from the date of the judgment to pay any forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment and any applicable domestic abuse assessment imposed. If the defendant moves to open the judgment within six months after the court appearance date fixed in the citation, and show to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect, the court shall reopen the judgment, accept a not guilty plea and set a trial date.

(c)

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 (a)(7) of this section has been read. Such statement shall be sent or brought with the cash deposit.

(d)

Such other information as the village deems necessary shall be supplied.

(e)

Deposits shall be made in cash, money order, check, or credit card to the village police department or the clerk of municipal court who shall provide a receipt therefor.

(f)

The schedule of citation deposits set forth in Appendix B to the Code of Ordinances, and as modified by resolution of the village board of trustees from time-to-time, is established for use with citations issued under this Code.

(Code 1991, §§ 26.02, 26.03; Ord. No. 665-01, §§ 1, 2, 10-22-01)

Cross reference— See appendix B of this Code.

Uniform Citation (1)