Chapter 23, CONSERVATION

23.54 Citation form. (1) The citation shall contain a complaint, a case history and a report of court action on the case. (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 committe…

23.55 Complaint and summons forms. (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 infor…

23.56 Arrest with a warrant. (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 an…

23.57 Arrest without a warrant. (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 th…

23.58 Temporary questioning without arrest. (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 abo…

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 in…

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 we…

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: (1) Incident to a lawful arrest; (2) With consent; (3) Pursuant to a valid search warrant; (4) With the authority and within the scope of…

23.62 Issuance of a citation. (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, an…

23.63 Officer’s action after issuance of citation. After the enforcing officer has issued a citation, the officer: (1) May release the defendant; (2) Shall release the defendant when he or she: (a) Makes a deposit under s. 23.66; or (b) Makes a deposit and stipulation of no conte…

23.64 Deposit after release. A person who is released under s. 23.63 shall be permitted to make a deposit any time prior to the court appearance date. The deposit shall be made with the clerk of the court of the county in which the violation occurred or the office of the municipa…

23.65 Issuance of complaint and summons. (1) When it appears to the district attorney that a violation of s. 90.21, 134.60, 281.36, 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81 or 299.64 (2), this chapter or ch. 26, 27, 28, 29, 30, 31…

23.66 Deposit. (1) If under the procedure of s. 23.62 a person is cited or arrested, the person may make a deposit as follows: (a) By mailing the amount of money the enforcing officer directs and a copy of the citation to the office of the clerk of courts in the county where the …

23.67 Deposit and stipulation of no contest. (1) If pursuant to the procedure of s. 23.62 a person is cited or arrested, such person may make a deposit and stipulation of no contest, and submit them in the same manner as the deposit in s. 23.66. (2) The deposit and stipulation of…

23.68 Pleading. The citation or complaint issued pursuant to s. 23.62 or 23.65 may serve as the initial pleading and, notwithstanding any other provisions of the statutes, shall be deemed adequate process to give the appropriate court jurisdiction over the person upon the filing …

23.69 Motions. Any motion which is capable of determination without the trial of the general issue shall be made before trial. History: 1975 c. 365. Summary judgment is not permitted in forfeiture actions for violations of ch. 30. The relevant procedural statutes cannot be reconc…

23.70 Arraignment; plea. (1) If the defendant appears in response to a citation or a summons, or is arrested and brought before a court with jurisdiction to try the case, the defendant shall be informed that he or she is entitled to a jury trial and then asked whether he or she w…

23.71 Not guilty plea; immediate trial. If the defendant pleads not guilty and states that he or she waives the right to jury trial and wishes an immediate trial, the case may be tried forthwith if the state consents. History: 1975 c. 365.

23.72 Not guilty plea. If the defendant pleads not guilty the court shall set a date for trial or advise the defendant that he or she will be notified of the date set for trial. The defendant shall be released upon payment of a deposit as set forth in s. 23.66, or the court may r…

23.73 Discovery. Neither party is entitled to pretrial discovery except that if the defendant moves within 10 days after the alleged violation and shows cause therefor, the court may order that the defendant be allowed to inspect and test under such conditions as the court prescr…

23.74 Mode of trial. (1) The defendant shall be informed of the right to a jury trial in circuit court on payment of fees required by s. 23.77 (1). (2) If both parties, in a court of record, request a trial by the court or if neither demands a trial by jury, the right to a trial …

23.75 Proceedings in court. (1) If the defendant appears in court at the time directed in the citation or summons, the case shall be tried as provided by law. (2) If the defendant fails to appear in court at the time fixed in the complaint and summons, judgment may be rendered ag…

23.76 Burden of proof. In all actions under this chapter, the state must convince the trier of fact to a reasonable certainty of every element of the offense by evidence that is clear, satisfactory and convincing. History: 1975 c. 365.

23.77 Jury trial. (1) If in circuit court either party files a written demand for a jury trial within 20 days after the court appearance date and immediately pays the fee prescribed in s. 814.61 (4), the court shall place the case on the jury calendar. The number of jurors shall …

23.78 Verdict. A verdict is valid if agreed to by five-sixths of the jury. If a verdict relates to more than one count, it shall be valid as to any count if any five-sixths of the jury agree thereto. The form of the verdict shall be guilty or not guilty. The amount of the forfeit…

23.79 Judgment. (1) If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture provided by the statute for the violation, plus costs, fees, and surcharges imposed under ch. 814. (2) The payment o…

23.795 Nonpayment of judgments. (1) If a defendant fails to timely pay a judgment entered under s. 23.75 (3) (a) 2. or 23.79, the court may issue an arrest warrant or a summons ordering the defendant to appear in court or both. If the defendant appears before the court pursuant t…

23.80 Judgment against a corporation or municipality. (1) If a corporation or municipality fails to appear within the time required by the citation or summons, the default of such corporation or municipality may be recorded and the charge against it taken as true and judgment sha…

23.81 Effect of plea of no contest. Forfeiture of deposit under s. 23.75 (3) (b), an accepted plea of no contest under s. 23.70, or a stipulation of no contest under s. 23.75 (3) (c) to a charge of violation of a natural resources law shall not be admissible in evidence as an adm…

23.82 Fees. Fees in forfeiture actions under this chapter are prescribed in s. 814.63. History: 1975 c. 365; 1977 c. 305, 318, 449; 1981 c. 317.

23.83 Appeal. (1) JURISDICTION ON APPEAL. Appeal may be taken by either party. On appeal from the circuit court, the appeal is to the court of appeals. (2) STAY OF EXECUTION. The amount of undertaking required to stay execution on appeal shall not exceed the amount of the maximum…

23.84 Forfeitures, costs, fees, and surcharges collected; to whom paid. Except for actions in municipal court, all moneys collected in favor of the state or a municipality for a forfeiture, plus costs, fees, and surcharges imposed under ch. 814, shall be paid by the officer who c…

23.85 Statement to county board; payment to state. Every county treasurer shall, on the first day of the annual meeting of the county board of supervisors, submit to it a verified statement of all forfeitures, costs, fees, and surcharges imposed under ch. 814 and received during …

23.90 Place of trial. (1) Civil actions shall be tried in the county where the offense was committed, except as otherwise provided. (2) Where 2 or more acts are requisite to the commission of any offense, the trial may be in any county in which any of such acts occurred. (3) Wher…

23.99 Parties to a violation. (1) Whoever is concerned in the commission of a violation of this chapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person wh…