§ 32.23 MUNICIPAL CIVIL INFRACTION CITATIONS; CONTENTS.
   (A)   A municipal ordinance citation shall contain the name and address of the alleged violator, the municipal civil infraction alleged, the place where the alleged violator shall appear in court, the telephone number of the court, and the time at or by which the appearance shall be made.
   (B)   Further, the citation shall inform the alleged violator that he or she may do one of the following:
      (1)   Admit responsibility for the municipal civil infraction by mail, in person, or by representation, at or by the time specified for appearance;
      (2)   Admit responsibility for the municipal civil infraction with explanation by mail by the time specified for appearance or, in person, or by representation;
      (3)   Deny responsibility for the municipal civil infraction by doing either of the following:
         (a)   Appearing in person for an informal hearing before a judge or District Court magistrate, without the opportunity of being represented by an attorney, unless a formal hearing before a judge is requested by the village; or
         (b)   Appealing in court for a formal hearing before a judge, with the opportunity of being represented by an attorney.
   (C)   The citation shall also inform the alleged violator of all of the following:
      (1)   If the alleged violator desires to admit responsibility with explanation in person or by representation, the alleged violator must apply to the court in person, by mail, by telephone, or by representation within the time specified for appearance and obtain a schedule date and time for an appearance;
      (2)   If the alleged violator desires to deny responsibility, the alleged violator must apply to the court in person, by mail, by telephone, or by representation within the time specified for appearance and obtain a scheduled date and time to appear for a hearing, unless a hearing date is specified on the citation;
      (3)   A hearing shall be an informal hearing, unless a formal hearing is requested by the alleged violator or the village;
      (4)   At an informal hearing the alleged violator must appear in person before a judge or District Court magistrate, without the opportunity of being represented by an attorney; and
      (5)   At a formal hearing the alleged violator must appear in person before a judge with the opportunity of being represented by an attorney.
   (D)   The citation shall contain a notice in boldfaced type that the failure of the alleged violator to appear within the time specified in the citation or at the time scheduled for a hearing or appearance is a misdemeanor and will result in entry of a default judgment against the alleged violator on the municipal civil infraction.
(1984 Code, § 1-02-02-040) (Ord. 262, passed 2-27-1996)