800.001
800.001
Definition. In this chapter, "general statutory counterpart ordinance" means an ordinance which prohibits conduct which is the same as or similar to conduct prohibited by state statute, but does not include an ordinance enacted by a local authority in accordance with
s. 30.77 or
349.06.
800.001 History
History: 1987 a. 389.
800.001 Annotation
Due process does not require commencing a municipal ordinance action by a summons. Haas V. Wisconsin,
241 F. Supp. 2d 922 (2003).
800.01
800.01
Commencement of action. 800.01(1)
(1) In municipal court, personal jurisdiction in municipal ordinance violation cases and cases involving a violation of a resolution or bylaw if the resolution or bylaw is authorized by statute is obtained over a defendant when the defendant:
800.01(1)(a)
(a) Is served with a summons and complaint or citation and such documents are filed with or transmitted to the court;
800.01(1)(b)
(b) Is arrested and brought before the court personally, or in the municipal court of a 1st class city, personally or through interactive video and audio transmission conducted in accordance with the rules of the 1st judicial administrative district; or
800.01(1)(c)
(c) Voluntarily appears before a municipal judge.
800.01(2)(a)(a) Service under
sub. (1) (a) shall be as provided in
s. 801.11 or
968.04 (3) (b) 2. or by personal service by an adult who is a resident of the state where the service is made but who is not a party to the action.
800.01(2)(b)
(b) If a summons or citation is personally served, the law enforcement officer or municipal employee serving the summons or citation shall sign a statement of personal service on the summons or citation. The signature required under this paragraph does not apply to a traffic citation issued under
s. 345.11.
800.01(3)
(3) If the action is commenced by a citation under
s. 800.02 (2) (a), a deposit may be taken from the defendant. The defendant may be released on his or her own recognizance. A nonresident defendant who does not make a deposit may be detained in jail to be brought before the court at the earliest opportunity.
800.01 Note
Judicial Council Committee's Note, 1977: This section sets out the 3 methods in which personal jurisdiction is obtained over a defendant in municipal ordinance violation cases. Personal jurisdiction can be achieved in no other way. The method of service under sub. (1) is made identical with the method for serving a summons in a criminal proceeding under ch. 968. [Bill 1240-A]
800.02
800.02
Form of citation, complaint, summons and warrant in municipal ordinance violation cases. 800.02(1)(1)
Action. An action in municipal court for violation of a municipal ordinance, or violation of a resolution or bylaw if the resolution or bylaw is authorized by statute, is a civil action and the forfeiture or penalty imposed by any ordinance of the municipality may be collected in an action in the name of the municipality.
800.02(2)(a)(a) The citation shall be signed by a peace officer or endorsed by a municipal attorney or, if applicable, signed by a conservation warden. In addition, the governing body of a municipality authorized to adopt the use of citations may designate by ordinance or resolution other municipal officials who may issue citations with respect to ordinances which are directly related to the official responsibilities of the officials. Officials granted the authority to issue citations may delegate, with the approval of the governing body, the authority to employees. Authority delegated to an official or employee may be revoked only in the same manner by which it is conferred. The citation shall contain substantially the following information:
800.02(2)(a)1.
1. The name, address and date of birth of the defendant.
800.02(2)(a)3.
3. The violation alleged, the time and place of occurrence, a statement that the defendant committed the violation, the ordinance, resolution or bylaw violated and a designation of the violation in language which can be readily understood.
800.02(2)(a)4.
4. A date, time and place for the court appearance, and a notice to appear.
800.02(2)(a)5.
5. Provisions for amount of deposit and stipulation in lieu of a court appearance, if applicable.
800.02(2)(a)6.
6. Notice that the defendant may make a deposit and thereby obtain release if an arrest has been made.
800.02(2)(a)7.
7. Notice that the defendant may by mail prior to the court appearance enter a plea of not guilty and may within 10 days after entry of the plea request a jury trial.
800.02(2)(a)8.
8. Notice that, if the defendant makes a deposit and fails to appear in court at the time fixed in the citation, the defendant is deemed to have tendered a plea of no contest and submits to a forfeiture, plus costs, fees, and surcharges imposed under
ch. 814, not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and plea.
800.02(2)(a)8m.
8m. Notice that 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 defendant, the court may summon the defendant into court to determine if restitution shall be ordered under
s. 800.093.
800.02(2)(a)9.
9. Notice that if the defendant does not make a deposit and fails to appear in court at the time fixed in the citation, the court may issue a summons or a warrant for the defendant's arrest or may enter a default judgment against the defendant.
800.02(2)(am)
(am) In 1st class cities, all of the written information required under
par. (a), except the information under
par. (a) 1. to
4. and
10., shall be printed in Spanish on a separate sheet attached to the citation or provided in Spanish on the citation.
800.02(2)(b)
(b) Except for parking violations, in traffic regulation actions in municipal court, the uniform traffic citation specified in
s. 345.11 shall be used in lieu of the citation form specified in
par. (a). In actions for violations of local ordinances enacted in accordance with
s. 23.33 (11) (am) or
30.77, the citation form specified in
s. 23.54 shall be used in lieu of the citation form specified in
par. (a).
800.02(3)(a)(a) The complaint shall be signed by a complainant and shall contain substantially the following information:
800.02(3)(a)1.
1. The name, address and date of birth of the defendant.
800.02(3)(a)2.
2. The department permit or license number of the defendant, if applicable.
800.02(3)(a)4.
4. The title of the cause, specifying the name of the court and county in which the action is brought and the names and addresses of the parties to the action.
800.02(3)(a)5.
5. A plain and concise statement of the violation identifying the event or occurrence from which the violation arose and showing that the plaintiff is entitled to relief, the ordinance, resolution, or bylaw upon which the cause of action is based, and a demand for a forfeiture, the amount of which shall not exceed the maximum set by the statute involved, plus costs, fees, and surcharges imposed under
ch. 814, and such other relief as is sought by the plaintiff.
800.02(3)(a)6.
6. Notice that the defendant may by mail prior to the court appearance enter a plea of not guilty and may within 10 days after entry of the plea request a jury trial.
800.02(3)(a)7.
7. In an action by or against a
ch. 180 or
181 corporation, the complaint must state the corporate existence and whether the corporation is a domestic or foreign corporation.
800.02(3)(a)8.
8. In an action by or against a
ch. 183 limited liability company, the complaint must state the company existence and whether the limited liability company is a domestic or foreign limited liability company.
800.02(3)(b)
(b) In 1st class cities, all of the written information required under
par. (a) 6. shall be printed in Spanish on a separate sheet attached to the complaint or provided in Spanish on the complaint.
800.02(4)(a)(a) The summons shall be signed by a municipal judge or by the attorney who is prosecuting the case in municipal court and shall contain the following information:
800.02(4)(a)1.
1. The title of the cause, specifying the name of the court and county in which the action is brought and the names of all parties to the action.
800.02(4)(a)2.
2. A direction summoning and requiring the defendant to appear in a specified court on a particular date not less than 10 days following service of the summons to answer the accompanying citation or complaint.
800.02(4)(a)3.
3. A notice that in case of failure to appear, judgment may be rendered against the defendant according to the demand of the citation or complaint, or the court may issue a warrant for the defendant's arrest.
800.02(4)(b)
(b) In 1st class cities, all of the written information required under
par. (a) shall be printed in Spanish on a separate sheet attached to the summons or provided in Spanish on the summons.
800.02(5)
(5) Warrant form. The warrant shall be in the name of the state of Wisconsin, shall be directed to all law enforcement officers in the state, may be addressed to any law enforcement officer in the state, may specify geographical limits for enforcement of the warrant, and shall be signed by the municipal judge who authorizes its issuance or contain a computer-generated facsimile of the judge's signature. A municipal judge may authorize the issuance of a warrant under this chapter by using a computer or other electronic media. The municipal judge shall make the authorization so that it is accessible to the attorney for the municipality and law enforcement officers. A law enforcement officer shall convert the municipal judge's authorization to a paper copy of the warrant before serving the warrant. The warrant shall contain or have attached to it the following information:
800.02(5)(d)
(d) A finding of probable cause that the defendant committed the offense.
800.02(5)(e)
(e) A command to arrest the defendant and bring him or her before the municipal judge or other municipal judge or judge of the county.
800.02(6)
(6) Authority to arrest without a warrant. A person may be arrested without a warrant for the violation of a municipal ordinance if the arresting officer has reasonable grounds to believe that the person is violating or has violated the ordinance.
800.02 Note
Judicial Council Committee's Note, 1977: This section sets out the information to be included in the citations, complaints, summonses and warrants used in municipal ordinance violation cases. All the data required for a particular form must be included, although additional information may be included if felt advisable by the person prosecuting a particular ordinance violation.
800.02 Annotation
It is felt that the minimum information required on a citation, complaint, summons or warrant meets any due process requirements of giving a particular defendant sufficient information of the facts and circumstances of the ordinance violation for which he or she is charged. [Bill 1240-A]
800.025
800.025
Amended citation and complaint. A citation or complaint under
s. 800.02 may be amended once as a matter of course prior to the initial appearance of the defendant. Otherwise, the citation or complaint may be amended only by leave of the court or by written consent of the defendant.
800.025 History
History: 1981 c. 225.
800.03
800.03
Plea of no contest prior to initial appearance. 800.03(1)(1) If a person is issued a citation in a case specified in
s. 800.02 (1), the person may make a plea of no contest and deposit as follows:
800.03(1)(c)
(c) In other violations, the person may make such a plea and deposit only if the governing body of the municipality has approved the deposit schedule under
sub. (3). The person may make the plea of no contest and deposit to the municipal court at any time prior to the initial appearance.
800.03(2)
(2) The person who has made a plea and deposit under
sub. (1) may appear in court. In such case, the court shall allow the person to withdraw his or her plea of no contest. The person need not appear in court.
800.03(3)
(3) The amount of the deposit shall be set by the municipal judge, but shall not be effective until approved by the governing body of the municipality. The amount shall not exceed the maximum penalty for the offense, plus costs, fees, and surcharges imposed under
ch. 814.
800.03(4)
(4) Notwithstanding
sub. (1), a court appearance may be required by a municipality for a violation of a local ordinance in conformity with
s. 346.63 (1). If a person fails to make a required appearance under this subsection and the judge issues an arrest warrant, the law enforcement agency which filed or transmitted the uniform traffic citation shall file a detailed description of the warrant with the department of justice.
800.03(5)
(5) Notwithstanding
sub. (1), a court appearance may be required 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.
800.04
800.04
Initial appearance; stipulation of guilt; deposit. 800.04(1)(a)(a) When a defendant appears or is brought before a municipal court, the municipal judge shall read the charge as stated in the warrant, complaint or citation to the defendant and shall explain the range of penalties which may be imposed.
800.04(1)(b)1.1. The court shall inform the defendant of all of the following:
800.04(1)(b)1.a.
a. That he or she may plead guilty, not guilty or no contest or may request a continuance.
800.04(1)(b)1.d.
d. That if 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 the violation resulted in damage to the property of or physical injury to a person other than the defendant, the court may order the defendant to pay restitution under
s. 800.093.
800.04(1)(b)2.
2. The defendant shall plead to the charges and the municipal judge shall enter the plea in the court record. If the defendant refuses to plead, the municipal judge shall enter a plea of not guilty.
800.04(1)(c)
(c) If the defendant pleads guilty or no contest, the court shall convict the defendant of the offense charged and render judgment.
800.04(1)(d)
(d) If a defendant charged with the violation of an ordinance which is in conformity with
s. 346.63 (1) or
(5) pleads not guilty and within 10 days after entry of the plea requests a jury trial and pays the required fees, the municipal judge shall promptly transmit all papers and fees in the cause to the clerk of the circuit court of the county where the violation occurred for a jury trial under
s. 345.43. The plea of not guilty and request for jury trial may be made by mail. If the person refused to take a test under
s. 343.305 (3) and requested a hearing under
s. 343.305 (9) to determine if the person's refusal was proper, the papers and fees involved in that action shall be transferred to the same circuit court, which shall conduct the refusal hearing. The amount of deposit set out in the citation shall accompany the mailed request. Upon receipt of the request, the circuit court shall set a time for trial. Any deposit made personally or by mail is forfeited upon nonappearance at the time set for trial. The required fee for a jury is prescribed in
s. 814.61 (4).
800.04(1)(e)
(e) If the defendant agrees to immediate trial by the court, and the municipality is prepared for trial, the case may be tried immediately. If trial is not held immediately, the municipal judge shall then set a date for trial by the court or advise the defendant that he or she will later be notified of the date set for trial.
800.04(1)(f)
(f) If a trial by the court is not held immediately, the municipal judge may, in his or her discretion, schedule a pretrial conference before the court. Upon agreement by all parties, the parties may waive the pretrial conference. The court shall prepare a written order that contains the action taken at the pretrial conference and sets the trial date.
800.04(2)(a)(a) A municipal judge may release a defendant without a deposit.
800.04(2)(b)
(b) If the municipal judge determines that the defendant should not be released under
par. (a) and the defendant is charged with a traffic or boating violation, the municipal judge shall release the defendant on a deposit in the amount established by the uniform deposit schedule under
s. 345.26 (2) (a) or under
s. 23.66. For other violations, the municipal judge shall establish a deposit in an amount not to exceed the maximum penalty for the offense, plus costs, fees, and surcharges imposed under
ch. 814. If the judge in a 1st class city determines that a defendant appearing before the judge through interactive video and audio transmission should not be released under
par. (a), the judge shall inform the defendant that he or she has the right to appear personally before a judge for a determination, not prejudiced by the first appearance, as to whether he or she should be released without a deposit. On failure of the defendant to make a deposit under this paragraph, he or she may be committed to jail pending trial only if the judge finds that there is a reasonable basis to believe the person will not appear in court.
