Wisconsin Code § 800.02

Form of citation, complaint, summons and warrant in municipal ordinance violation cases
Open in Lexace · Ask the AI about this section
(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.
(2) FORM OF CITATION OR COMPLAINT. (a) The citation or
complaint shall contain the name of 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 or complaints may designate by ordinance or resolution other municipal officials who are
authorized to issue and be named in citations or complaints with
respect to ordinances which are directly related to the official responsibilities of the officials. Officials granted the authority to
issue and be named in citations and complaints 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.
(ag) The citation or complaint shall contain substantially the
following information:
1. The name, address and date of birth of the defendant.
1m. The identification of any permit issued to the defendant,
or license number of the defendant, if applicable.
2. The name and department of the issuing officer.
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.
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.
5. Provisions for amount of deposit and stipulation in lieu of
a court appearance, if applicable.
6. Notice that the defendant may make a deposit and thereby
obtain release if an arrest has been made.
7. Notice that the defendant may, in writing, prior to the
court appearance, enter a plea of not guilty.
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.
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.
9m. In an action against a corporation organized under ch.
180 or 181, or against a limited liability company organized un-

der 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.
10. Any other pertinent information.
(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.
(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), 23.335 (21) (a), or 30.77, the
citation form specified in s. 23.54 shall be used in lieu of the citation form specified in par. (ag).
(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:
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.
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.
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.
(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.
(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:
(a) The name of the defendant.
(b) The offense alleged.
(c) A copy of the citation or complaint.
(d) A finding of probable cause that the defendant committed
the offense.
(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.
(f) The date of issuance.
(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.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.