23.50
23.50
Procedure in forfeiture actions. 23.50(1)(1)
The procedure in ss.
23.50 to
23.85 applies to all actions in circuit court to recover forfeitures, plus costs, fees, and surcharges imposed under ch.
814, for violations of ss.
77.09,
90.21,
134.60,
167.10 (3),
167.31 (2),
281.48 (2) to
(5),
283.33,
285.57 (2),
285.59 (2),
(3) (c) and
(4),
287.07,
287.08,
287.81, and
299.64 (2), subch.
VI of ch. 77, this chapter, and chs.
26 to
31, ch.
169, and ch.
350, and any administrative rules promulgated thereunder, violations specified under s.
280.98 (2) or
285.86, violations of s.
281.36 if the department chooses to proceed under s.
281.36 (14) (f), violations of ch.
951 if the animal involved is a captive wild animal, violations of rules of the Kickapoo reserve management board under s.
41.41 (7) (k), violations to which s.
299.85 (7) (a) 2. or
4. applies, or violations of local ordinances enacted by any local authority in accordance with s.
23.33 (11) (am),
23.335 (21) (a), or
30.77.
23.50(2)
(2) All actions to recover these forfeitures and costs, fees, and surcharges imposed under ch.
814 are civil actions in the name of the state of Wisconsin, shall be heard in the circuit court for the county where the offense occurred, and shall be recovered under the procedure set forth in ss.
23.50 to
23.85.
23.50(3)
(3) All actions in municipal court to recover forfeitures, plus costs, fees, and surcharges imposed under ch.
814, for violations of local ordinances enacted by any local authority in accordance with s.
23.33 (11) (am),
23.335 (21) (a), or
30.77 shall utilize the procedure in ch.
800. The actions shall be brought before the municipal court having jurisdiction. Provisions relating to citations, arrests, questioning, releases, searches, deposits, and stipulations of no contest in ss.
23.51 (1m),
(3), and
(8),
23.53,
23.54,
23.56 to
23.64,
23.66, and
23.67 shall apply to violations of such ordinances.
23.50(4)
(4) Where a fine or imprisonment, or both, is imposed by a statute enumerated in sub.
(1), the procedure in ch.
968 shall apply.
23.50 History
History: 1975 c. 365;
1977 c. 29,
305;
1977 c. 449 ss.
44,
497;
1979 c. 32 s.
92 (17);
1979 c. 34 ss.
703b,
2102 (39) (f);
1981 c. 390;
1985 a. 36;
1987 a. 27;
1987 a. 200 s.
4;
1989 a. 79,
284,
335,
359;
1991 a. 39,
97;
1993 a. 16,
243,
344,
349,
491;
1995 a. 27,
216,
227,
290;
1997 a. 35;
1999 a. 9;
2001 a. 56;
2003 a. 139,
276;
2005 a. 360;
2013 a. 69;
2015 a. 170.
23.51
23.51
Words and phrases defined. In ss.
23.50 to
23.85 the following words and phrases have the designated meanings unless a different meaning is expressly provided or the context clearly indicates a different meaning:
23.51(1m)
(1m) “Citation" means a pleading of essential facts and applicable law coupled with a demand for judgment, which notifies the person cited of a violation of a statute or rule enumerated in s.
23.50 (1) or of a violation of a local ordinance, and requests the person to appear in court. Part of the citation is a complaint.
23.51(2)
(2) “Complaint" means the pleading of essential facts and applicable law coupled with a demand for judgment.
23.51(2L)
(2L) “Corporation" includes a limited liability company.
23.51(3)
(3) “Enforcing officer" means a peace officer as defined in s.
939.22 (22), but not including a commission warden, as defined in s.
939.22 (5), or means a person who has authority to act pursuant to a specific statute.
23.51(7)
(7) “Summons" means an order to appear in court at a particular time and place. It accompanies the delivery of a complaint but not a citation.
23.51(8)
(8) “Violation" means conduct which is prohibited by state law or municipal ordinance and punishable by a forfeiture.
23.52
23.52
Two forms of action. Actions under this chapter may be commenced by a citation, or by a complaint and summons.
23.52 History
History: 1975 c. 365.
23.53
23.53
Use of citation. 23.53(1)(1)
The citation created under this section shall, in all actions to recover forfeitures, plus costs, fees, and surcharges imposed under ch.
814, for violations of those statutes enumerated in s.
23.50 (1), any administrative rules promulgated thereunder, and any rule of the Kickapoo reserve management board under s.
41.41 (7) (k) be used by any law enforcement officer with authority to enforce those laws, except that the uniform traffic citation created under s.
345.11 may be used by a traffic officer employed under s.
110.07 in enforcing s.
167.31 or by an officer of a law enforcement agency of a municipality or county or a traffic officer employed under s.
110.07 in enforcing s.
287.81. In accordance with s.
345.11 (1m), the citation shall not be used for violations of ch.
350 relating to highway use. The citation may be used for violations of local ordinances enacted by any local authority in accordance with s.
23.33 (11) (am),
23.335 (21) (a), or
30.77.
23.53(2)
(2) Notwithstanding any other provision of the statutes, the use of the citation by any enforcing officer in connection with a violation is adequate process to give the appropriate court jurisdiction over the person upon the filing with such court of the citation.
23.53 Annotation
After issuing a citation to an Indian fisherman, the state must prove at the pre-trial hearing that enforcement against the Indian fishermen is reasonable and necessary. State v. Peterson,
98 Wis. 2d 487,
297 N.W.2d 52 (Ct. App. 1980).
23.54
23.54
Citation form. 23.54(1)(1)
The citation shall contain a complaint, a case history and a report of court action on the case.
23.54(2)
(2) It must appear on the face of the citation that there is probable cause to believe that a violation has been committed and that the defendant has committed that violation.
23.54(3)
(3) The citation form shall provide for the following:
23.54(3)(a)
(a) The name, address, social security number and date of birth of the defendant.
23.54(3)(b)
(b) The department permit or license number of the defendant, if applicable.
23.54(3)(c)
(c) The name and department of the issuing officer.
23.54(3)(d)
(d) The violation alleged, the time and place of occurrence, a statement that the defendant committed the violation, the statute, administrative rule or ordinance violated and a designation of the violation in language which can be readily understood by a person making a reasonable effort to do so.
23.54(3)(e)
(e) The maximum forfeiture, plus costs, fees, and surcharges imposed under ch.
814, for which the defendant might be found liable.
23.54(3)(f)
(f) A date, time and place for the court appearance, and a notice to appear.
23.54(3)(g)
(g) Provisions for deposit and stipulation in lieu of a court appearance.
23.54(3)(h)
(h) Notice that the defendant may make a deposit and thereby obtain release if an arrest has been made.
23.54(3)(i)
(i) Notice that if the defendant makes a deposit and fails to appear in court at the time fixed in the citation the defendant 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, 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.
23.54(3)(j)
(j) Notice that if the defendant makes a deposit and signs the stipulation the defendant 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, 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 stipulation, and that the defendant may, at any time prior to or at the time of the court appearance date, move the court for relief from the effects of the stipulation.
23.54(3)(k)
(k) 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 an arrest warrant and, if the violation is of ch.
29, the person may be subject to suspension of all hunting, fishing, and trapping approvals under s.
29.972.
23.55
23.55
Complaint and summons forms. 23.55(1)(1)
Complaint. It must appear on the face of the complaint that there is probable cause to believe that a violation has been committed and that the defendant has committed it. The complaint shall accompany the summons and shall contain the information set forth in s.
23.54 (3) (a) to
(d) and:
23.55(1)(a)
(a) 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.
23.55(1)(b)
(b) 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 statute 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 any other relief that is sought by the plaintiff.
23.55(1)(c)
(c) In an action by or against a corporation the complaint must aver its corporate existence and whether it is a domestic or foreign corporation.
23.55(2)
(2) Summons. The summons shall contain:
23.55(2)(a)
(a) 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.
23.55(2)(b)
(b) 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 complaint.
23.55(2)(c)
(c) A notice that in case of failure to appear, judgment may be rendered against the defendant according to the demand of the complaint, or the court may issue a warrant for the defendant's arrest and, if the violation is of ch.
29, the person may be subject to suspension of all hunting, fishing, and trapping approvals under s.
29.972.
23.56
23.56
Arrest with a warrant. 23.56(1)(1)
A person may be arrested for a violation of those statutes enumerated in s.
23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under s.
41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s.
23.33 (11) (am),
23.335 (21) (a), or
30.77, after a warrant that substantially complies with s.
968.04 has been issued. Except as provided in sub.
(2), the person arrested shall be brought without unreasonable delay before a court having jurisdiction to try the action.
23.56(2)
(2) In actions to collect forfeitures, plus costs, fees, and surcharges imposed under ch.
814, the judge who issues a warrant under sub.
(1) may endorse upon the warrant the amount of the deposit. If no endorsement is made, the deposit schedule under s.
23.66 shall apply, unless the court directs that the person be brought before the court.
23.57
23.57
Arrest without a warrant. 23.57(1)(1)
A person may be arrested without a warrant when the arresting officer has probable cause to believe that the person is committing or has committed a violation of those statutes enumerated in s.
23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under s.
41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s.
23.33 (11) (am),
23.335 (21) (a), or
30.77; and:
23.57(1)(a)
(a) The person refuses to accept a citation or to make a deposit under s.
23.66; or
23.57(1)(b)
(b) The person refuses to identify himself or herself satisfactorily or the officer has reasonable grounds to believe that the person is supplying false identification; or
23.57(1)(c)
(c) Arrest is necessary to prevent imminent bodily harm to the enforcing officer or to another.
23.57(2)
(2) In all cases the officer shall bring the person arrested before a judge without unnecessary delay.
23.58
23.58
Temporary questioning without arrest. 23.58(1)(1)
After having identified himself or herself as an enforcing officer, an enforcing officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that such person is committing, is about to commit or has committed a violation of those statutes enumerated in s.
23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under s.
41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s.
23.33 (11) (am),
23.335 (21) (a), or
30.77. Such a stop may be made only where the enforcing officer has proper authority to make an arrest for such a violation. The officer may demand the name and address of the person and an explanation of the person's conduct. Such detention and temporary questioning shall be conducted in the vicinity where the person was stopped.
23.58(2)
(2) An enforcing officer has reasonable suspicion to perform a stop under sub.
(1) if an all-terrain vehicle, utility terrain vehicle, off-highway motorcycle, boat, or snowmobile does not visibly display a registration plate or decal under s.
23.33 (2) or
23.335 (4) (c) or
(5) (c), a nonresident trail pass under s.
23.33 (2j) or
23.335 (6), a registration or certification decal under s.
30.523 (2), or a registration decal or trail use sticker under s.
350.12 (5).
23.59
23.59
Search during temporary questioning. When an enforcing officer has stopped a person for temporary questioning pursuant to s.
23.58 (1) and reasonably suspects that he or she or another is in danger of physical injury, the officer may search such person for weapons or any instrument or article or substance readily capable of causing physical injury and of a sort not ordinarily carried in public places by law abiding persons. If the officer finds such a weapon or instrument, or any other property possession of which he or she reasonably believes may constitute the commission of a violation of those statutes enumerated in s.
23.50 (1) or which may constitute a threat to his or her safety, the officer may take it and keep it until the completion of the questioning, at which time he or she shall either return it, if lawfully possessed, or arrest the person so questioned for possession of the weapon, instrument, article or substance, if he or she has the authority to do so, or detain the person until a proper arrest can be made by appropriate authorities. Searches during temporary questioning as provided under this section shall only be conducted by those enforcing officers who have the authority to make arrests for crimes.
23.59 History
History: 1975 c. 365;
2015 a. 89.
23.60
23.60
Search incident to the issuance of a lawfully issued citation. If the enforcing officer has stopped a person to issue a citation pursuant to s.
23.62 and reasonably suspects that he or she or another is in danger of physical injury, the officer may search such person for weapons or any instrument or article or substance readily capable of causing physical injury and of a sort not ordinarily carried in public places by law abiding persons. If the officer finds such a weapon or instrument, or any other property possession of which he or she reasonably believes may constitute the commission of a violation of those statutes enumerated in s.
23.50 (1), or which may constitute a threat to his or her safety, the officer may take it and keep it until he or she has completed issuing the citation, at which time the officer shall either return it, if lawfully possessed, or arrest the person for possession of the weapon, instrument, article or substance, if he or she has the authority to do so, or detain the person until a proper arrest can be made by appropriate authorities.
23.60 History
History: 1975 c. 365.
23.61
23.61
Search and seizure; when authorized. A search of a person, object or place may be made and things may be seized when the search is made:
23.61(1)
(1) Incident to a lawful arrest;
23.61(3)
(3) Pursuant to a valid search warrant;
23.61(4)
(4) With the authority and within the scope of a right of lawful inspection;
23.61(5)
(5) Incident to the issuance of a lawfully issued citation under s.
23.60;
23.61(6)
(6) During an authorized temporary questioning under s.
23.59; or
23.61(7)
(7) As otherwise authorized by law.
23.61 History
History: 1975 c. 365.
23.61 Annotation
The warrantless search of a fisherman's truck by state conservation wardens under s. 29.33 (6) [now s. 29.519 (6)] was presumptively reasonable. State v. Erickson,
101 Wis. 2d 224,
303 N.W.2d 850 (Ct. App. 1981).
23.62
23.62
Issuance of a citation. 23.62(1)(1)
Whenever an enforcing officer has probable cause to believe that a person subject to his or her authority is committing or has committed a violation of those statutes enumerated in s.
23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under s.
41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s.
23.33 (11) (am),
23.335 (21) (a), or
30.77, the officer may proceed in the following manner:
23.62(1)(a)
(a) Issue a citation to the defendant in the form specified in s.
23.54, a copy of which shall be filed with the clerk of courts in the county where the violation was committed or with the office of the municipal judge in the case of an ordinance violation;
23.62(1)(c)
(c) Bring the information to the district attorney so that he or she may proceed pursuant to s.
23.65.
23.62(2)(a)(a) If the defendant is a resident of this state, a law enforcement officer may serve a citation anywhere in the state by following the procedures used for the service of a summons under s.
801.11 (1) (a) or
(b) 1. or
1m. or
(2) or by mailing a copy to the defendant's last-known address.
23.62(2)(b)
(b) If the defendant is not a resident of the state, a law enforcement officer may serve a citation by delivering a copy to the defendant personally or by mailing a copy to the defendant's last-known address.
23.63
23.63
Officer's action after issuance of citation. After the enforcing officer has issued a citation, the officer:
