State Codes and Statutes

Statutes > Wisconsin > 800 > 800.02

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 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)

(2) Form of citation or complaint.

800.02(2)(a)

(a) The citation or complaint shall be signed by a law enforcement officer, attorney representing the municipality, or, if applicable, 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 sign and issue citations with respect to ordinances which are directly related to the official responsibilities of the officials. Officials granted the authority to sign and 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.

800.02(2)(ag)

(ag) The citation or complaint shall contain substantially the following information:

800.02(2)(ag)1.

1. The name, address and date of birth of the defendant.

800.02(2)(ag)1m.

1m. The identification of any permit issued to the defendant, or license number of the defendant, if applicable.

800.02(2)(ag)2.

2. The name and department of the issuing officer.

800.02(2)(ag)3.

3. The violation alleged, the time and place of the occurrence of the violation, a statement that the defendant committed the violation, the ordinance violated, and a description of the violation in language that can be readily understood.

800.02(2)(ag)4.

4. A notice to appear at a date, time and place for the court appearance, and a statement as to whether the appearance is mandated by the judge.

800.02(2)(ag)5.

5. Provisions for amount of deposit and stipulation in lieu of a court appearance, if applicable.

800.02(2)(ag)6.

6. Notice that the defendant may make a deposit and thereby obtain release if an arrest has been made.

800.02(2)(ag)7.

7. Notice that the defendant may, in writing, prior to the court appearance, enter a plea of not guilty.

800.02(2)(ag)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)(ag)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)(ag)9m.

9m. In an action against a corporation organized under ch. 180 or 181, or against a limited liability company organized under ch. 183, a statement of the corporate or company existence and whether the corporation or company is a domestic or foreign corporation or limited liability company.

800.02(2)(ag)10.

10. Any other pertinent information.

800.02(2)(am)

(am) In 1st class cities, all of the written information required under par. (a), except the information under par. (ag) 1. to 4., 9m., 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. (ag). 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. (ag).

800.02(4)

(4) Summons form.

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)(a)

(a) The name of the defendant.

800.02(5)(b)

(b) The offense alleged.

800.02(5)(c)

(c) A copy of the citation or complaint.

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(5)(f)

(f) The date of issuance.

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 - ANNOT.

NOTE: This section is shown as affected eff. 1-1-11 by 2009 Wis. Act 402. Prior to 1-1-11 it reads:

800.02 - ANNOT.

800.02 Form of citation, complaint, summons and warrant in municipal ordinance violation cases. (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 - ANNOT.

(2) Citation form. (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 - ANNOT.

1. The name, address and date of birth of the defendant.

800.02 - ANNOT.

2. The name and department of the issuing officer.

800.02 - ANNOT.

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 - ANNOT.

4. A date, time and place for the court appearance, and a notice to appear.

800.02 - ANNOT.

5. Provisions for amount of deposit and stipulation in lieu of a court appearance, if applicable.

800.02 - ANNOT.

6. Notice that the defendant may make a deposit and thereby obtain release if an arrest has been made.

800.02 - ANNOT.

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 - ANNOT.

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 - ANNOT.

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 - ANNOT.

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 - ANNOT.

10. Any other pertinent information.

800.02 - ANNOT.

(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 - ANNOT.

(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 - ANNOT.

(3) Complaint form. (a) The complaint shall be signed by a complainant and shall contain substantially the following information:

800.02 - ANNOT.

1. The name, address and date of birth of the defendant.

800.02 - ANNOT.

2. The department permit or license number of the defendant, if applicable.

800.02 - ANNOT.

3. The name and department of the issuing officer.

800.02 - ANNOT.

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 - ANNOT.

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 - ANNOT.

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 - ANNOT.

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 - ANNOT.

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 - ANNOT.

(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 - ANNOT.

(4) Summons form. (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 - ANNOT.

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 - ANNOT.

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 - ANNOT.

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 - ANNOT.

(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 - ANNOT.

(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 - ANNOT.

(a) The name of the defendant.

800.02 - ANNOT.

(b) The offense alleged.

800.02 - ANNOT.

(c) A copy of the citation or complaint.

800.02 - ANNOT.

(d) A finding of probable cause that the defendant committed the offense.

800.02 - ANNOT.

(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 - ANNOT.

(f) The date of issuance.

800.02 - ANNOT.

(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 - ANNOT.

History: 1977 c. 305; 1979 c. 22; 1979 c. 32 s. 68; 1979 c. 266; Stats. 1979 s. 800.02; 1981 c. 317; 1983 a. 535; 1987 a. 27; 1987 a. 200 s. 4; 1987 a. 389; 1989 a. 170; 1991 a. 39, 40; 1993 a. 16, 112, 320, 437; 1997 a. 27; 1999 a. 9; 2001 a. 16; 2003 a. 139; 2009 a. 402.

State Codes and Statutes

Statutes > Wisconsin > 800 > 800.02

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 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)

(2) Form of citation or complaint.

800.02(2)(a)

(a) The citation or complaint shall be signed by a law enforcement officer, attorney representing the municipality, or, if applicable, 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 sign and issue citations with respect to ordinances which are directly related to the official responsibilities of the officials. Officials granted the authority to sign and 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.

800.02(2)(ag)

(ag) The citation or complaint shall contain substantially the following information:

800.02(2)(ag)1.

1. The name, address and date of birth of the defendant.

800.02(2)(ag)1m.

1m. The identification of any permit issued to the defendant, or license number of the defendant, if applicable.

800.02(2)(ag)2.

2. The name and department of the issuing officer.

800.02(2)(ag)3.

3. The violation alleged, the time and place of the occurrence of the violation, a statement that the defendant committed the violation, the ordinance violated, and a description of the violation in language that can be readily understood.

800.02(2)(ag)4.

4. A notice to appear at a date, time and place for the court appearance, and a statement as to whether the appearance is mandated by the judge.

800.02(2)(ag)5.

5. Provisions for amount of deposit and stipulation in lieu of a court appearance, if applicable.

800.02(2)(ag)6.

6. Notice that the defendant may make a deposit and thereby obtain release if an arrest has been made.

800.02(2)(ag)7.

7. Notice that the defendant may, in writing, prior to the court appearance, enter a plea of not guilty.

800.02(2)(ag)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)(ag)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)(ag)9m.

9m. In an action against a corporation organized under ch. 180 or 181, or against a limited liability company organized under ch. 183, a statement of the corporate or company existence and whether the corporation or company is a domestic or foreign corporation or limited liability company.

800.02(2)(ag)10.

10. Any other pertinent information.

800.02(2)(am)

(am) In 1st class cities, all of the written information required under par. (a), except the information under par. (ag) 1. to 4., 9m., 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. (ag). 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. (ag).

800.02(4)

(4) Summons form.

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)(a)

(a) The name of the defendant.

800.02(5)(b)

(b) The offense alleged.

800.02(5)(c)

(c) A copy of the citation or complaint.

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(5)(f)

(f) The date of issuance.

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 - ANNOT.

NOTE: This section is shown as affected eff. 1-1-11 by 2009 Wis. Act 402. Prior to 1-1-11 it reads:

800.02 - ANNOT.

800.02 Form of citation, complaint, summons and warrant in municipal ordinance violation cases. (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 - ANNOT.

(2) Citation form. (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 - ANNOT.

1. The name, address and date of birth of the defendant.

800.02 - ANNOT.

2. The name and department of the issuing officer.

800.02 - ANNOT.

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 - ANNOT.

4. A date, time and place for the court appearance, and a notice to appear.

800.02 - ANNOT.

5. Provisions for amount of deposit and stipulation in lieu of a court appearance, if applicable.

800.02 - ANNOT.

6. Notice that the defendant may make a deposit and thereby obtain release if an arrest has been made.

800.02 - ANNOT.

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 - ANNOT.

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 - ANNOT.

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 - ANNOT.

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 - ANNOT.

10. Any other pertinent information.

800.02 - ANNOT.

(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 - ANNOT.

(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 - ANNOT.

(3) Complaint form. (a) The complaint shall be signed by a complainant and shall contain substantially the following information:

800.02 - ANNOT.

1. The name, address and date of birth of the defendant.

800.02 - ANNOT.

2. The department permit or license number of the defendant, if applicable.

800.02 - ANNOT.

3. The name and department of the issuing officer.

800.02 - ANNOT.

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 - ANNOT.

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 - ANNOT.

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 - ANNOT.

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 - ANNOT.

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 - ANNOT.

(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 - ANNOT.

(4) Summons form. (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 - ANNOT.

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 - ANNOT.

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 - ANNOT.

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 - ANNOT.

(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 - ANNOT.

(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 - ANNOT.

(a) The name of the defendant.

800.02 - ANNOT.

(b) The offense alleged.

800.02 - ANNOT.

(c) A copy of the citation or complaint.

800.02 - ANNOT.

(d) A finding of probable cause that the defendant committed the offense.

800.02 - ANNOT.

(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 - ANNOT.

(f) The date of issuance.

800.02 - ANNOT.

(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 - ANNOT.

History: 1977 c. 305; 1979 c. 22; 1979 c. 32 s. 68; 1979 c. 266; Stats. 1979 s. 800.02; 1981 c. 317; 1983 a. 535; 1987 a. 27; 1987 a. 200 s. 4; 1987 a. 389; 1989 a. 170; 1991 a. 39, 40; 1993 a. 16, 112, 320, 437; 1997 a. 27; 1999 a. 9; 2001 a. 16; 2003 a. 139; 2009 a. 402.

State Codes and Statutes


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State Codes and Statutes

Statutes > Wisconsin > 800 > 800.02

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 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)

(2) Form of citation or complaint.

800.02(2)(a)

(a) The citation or complaint shall be signed by a law enforcement officer, attorney representing the municipality, or, if applicable, 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 sign and issue citations with respect to ordinances which are directly related to the official responsibilities of the officials. Officials granted the authority to sign and 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.

800.02(2)(ag)

(ag) The citation or complaint shall contain substantially the following information:

800.02(2)(ag)1.

1. The name, address and date of birth of the defendant.

800.02(2)(ag)1m.

1m. The identification of any permit issued to the defendant, or license number of the defendant, if applicable.

800.02(2)(ag)2.

2. The name and department of the issuing officer.

800.02(2)(ag)3.

3. The violation alleged, the time and place of the occurrence of the violation, a statement that the defendant committed the violation, the ordinance violated, and a description of the violation in language that can be readily understood.

800.02(2)(ag)4.

4. A notice to appear at a date, time and place for the court appearance, and a statement as to whether the appearance is mandated by the judge.

800.02(2)(ag)5.

5. Provisions for amount of deposit and stipulation in lieu of a court appearance, if applicable.

800.02(2)(ag)6.

6. Notice that the defendant may make a deposit and thereby obtain release if an arrest has been made.

800.02(2)(ag)7.

7. Notice that the defendant may, in writing, prior to the court appearance, enter a plea of not guilty.

800.02(2)(ag)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)(ag)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)(ag)9m.

9m. In an action against a corporation organized under ch. 180 or 181, or against a limited liability company organized under ch. 183, a statement of the corporate or company existence and whether the corporation or company is a domestic or foreign corporation or limited liability company.

800.02(2)(ag)10.

10. Any other pertinent information.

800.02(2)(am)

(am) In 1st class cities, all of the written information required under par. (a), except the information under par. (ag) 1. to 4., 9m., 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. (ag). 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. (ag).

800.02(4)

(4) Summons form.

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)(a)

(a) The name of the defendant.

800.02(5)(b)

(b) The offense alleged.

800.02(5)(c)

(c) A copy of the citation or complaint.

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(5)(f)

(f) The date of issuance.

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 - ANNOT.

NOTE: This section is shown as affected eff. 1-1-11 by 2009 Wis. Act 402. Prior to 1-1-11 it reads:

800.02 - ANNOT.

800.02 Form of citation, complaint, summons and warrant in municipal ordinance violation cases. (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 - ANNOT.

(2) Citation form. (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 - ANNOT.

1. The name, address and date of birth of the defendant.

800.02 - ANNOT.

2. The name and department of the issuing officer.

800.02 - ANNOT.

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 - ANNOT.

4. A date, time and place for the court appearance, and a notice to appear.

800.02 - ANNOT.

5. Provisions for amount of deposit and stipulation in lieu of a court appearance, if applicable.

800.02 - ANNOT.

6. Notice that the defendant may make a deposit and thereby obtain release if an arrest has been made.

800.02 - ANNOT.

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 - ANNOT.

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 - ANNOT.

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 - ANNOT.

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 - ANNOT.

10. Any other pertinent information.

800.02 - ANNOT.

(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 - ANNOT.

(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 - ANNOT.

(3) Complaint form. (a) The complaint shall be signed by a complainant and shall contain substantially the following information:

800.02 - ANNOT.

1. The name, address and date of birth of the defendant.

800.02 - ANNOT.

2. The department permit or license number of the defendant, if applicable.

800.02 - ANNOT.

3. The name and department of the issuing officer.

800.02 - ANNOT.

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 - ANNOT.

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 - ANNOT.

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 - ANNOT.

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 - ANNOT.

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 - ANNOT.

(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 - ANNOT.

(4) Summons form. (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 - ANNOT.

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 - ANNOT.

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 - ANNOT.

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 - ANNOT.

(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 - ANNOT.

(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 - ANNOT.

(a) The name of the defendant.

800.02 - ANNOT.

(b) The offense alleged.

800.02 - ANNOT.

(c) A copy of the citation or complaint.

800.02 - ANNOT.

(d) A finding of probable cause that the defendant committed the offense.

800.02 - ANNOT.

(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 - ANNOT.

(f) The date of issuance.

800.02 - ANNOT.

(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 - ANNOT.

History: 1977 c. 305; 1979 c. 22; 1979 c. 32 s. 68; 1979 c. 266; Stats. 1979 s. 800.02; 1981 c. 317; 1983 a. 535; 1987 a. 27; 1987 a. 200 s. 4; 1987 a. 389; 1989 a. 170; 1991 a. 39, 40; 1993 a. 16, 112, 320, 437; 1997 a. 27; 1999 a. 9; 2001 a. 16; 2003 a. 139; 2009 a. 402.

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