Except as otherwise specifically provided in this chapter, the
statutory provisions in Chs. 340 to 348, Wis. Stats., describing and
defining regulations with respect to vehicles and traffic, exclusive
of any provisions therein relating to penalties to be imposed and
exclusive of any regulations for which the statutory penalty is a
fine or term of imprisonment, are adopted and by reference made a
part of this chapter as if fully set forth in this section. Any act
required to be performed or prohibited by any statute incorporated
in this section by reference is required or prohibited by this chapter.
Any future amendments, revisions, or modifications of the statutes
incorporated in this section are intended to be made part of this
chapter in order to secure uniform statewide regulation of traffic
on the highways, streets, and alleys of the state.
A.
Forfeiture penalty. Except as otherwise provided in this Chapter 351, the penalty for violation of any provision of this chapter shall be a forfeiture as provided in this section, together with the costs of prosecution and the penalty assessment imposed by § 757.05, Wis. Stats., where applicable. Payment of the judgment may be suspended by the sentencing judge for not more than 60 days. Any person who shall fail to pay the amount of the forfeiture, costs of prosecution and penalty imposed for violation of any provision of this chapter may, upon order of the court entering judgment therefor and having jurisdiction of the case, be imprisoned until such forfeiture, costs, and assessment are paid, but not exceeding 90 days.[1]
B.
Other sanctions. Nothing in this section shall preclude or affect
the power of the sentencing court to exercise additional authorities
granted by statute to suspend or revoke the operating privileges and
registration of the defendant or to order the defendant to submit
to assessment and rehabilitation or attend traffic safety school in
addition to payment of a monetary penalty or in lieu of imprisonment.
C.
Forfeitures for uniform traffic offenses. Forfeitures for violations of any traffic regulation set forth in the statutes adopted by reference in § 351-1 shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable statute, including any variations or increases for subsequent offenses; provided, however, that this subsection shall not permit prosecution under this chapter of any offense for which an imprisonment penalty may be imposed upon the defendant.
This chapter shall be enforced in accordance with the applicable
provisions of the statutes and this section.
A.
Procedure. This chapter shall be enforced according to § 66.0114,
Wis. Stats., Ch. 800, Wis. Stats., and §§ 345.20 to
345.53, Wis. Stats.
B.
Citations.
(1)
Uniform citation and complaint. The state uniform traffic citation
and complaint described and defined in the statutes shall be used
for enforcement of all provisions of this chapter except those provisions
which describe or define nonmoving traffic violations and violations
of §§ 346.71 to 346.73, Wis. Stats. Violations of §§ 346.71
to 346.73, Wis. Stats., shall be reported to the District Attorney,
and the state uniform traffic citation shall not be used in such cases
except upon written request of the District Attorney.
(2)
Parking citations. The Village Attorney shall recommend a citation for use in enforcing the nonmoving traffic regulations in this chapter. When approved by the Village Board, such citation shall be used for enforcement of nonmoving traffic regulations created or adopted by this chapter, including violations of nonmoving traffic regulations defined and described in the statutes adopted by reference in § 351-1 and all provisions of Article II. The citation for nonmoving traffic violations shall contain a notice that the person cited may discharge the forfeiture for violation of a nonmoving traffic regulation and penalty thereof by complying with Subsection C(2) of this section.[1]
C.
Deposits and stipulations.
(1)
Uniform traffic offenses.
(a)
Who may make. Persons arrested or cited for violation of moving
traffic regulations created by this chapter shall be permitted to
make deposits and stipulations of no contest or be released by the
arresting officer in accordance with the applicable provisions of
the statutes.[2]
(b)
Delivery or mailing of deposit and stipulation. The deposit
and stipulation shall be delivered personally by the person cited
or mailed to the Clerk of Courts.
(c)
Receipt required. The official or person receiving the deposit
shall furnish and deliver or mail an original receipt for such deposit
to the alleged violator and shall deliver the deposit and stipulation
and a copy of the receipt within three days to the Clerk of Courts.
(2)
Nonmoving traffic offenses.
(a)
Direct payment of penalty permitted. Persons cited for violation
of nonmoving traffic regulations described and defined in this chapter
may discharge the penalty thereof and avoid court prosecution by forwarding
within 72 hours of the issuance of the citation to the Clerk of Courts,
as indicated on the citation, the minimum penalty specified for the
violation. If not so forwarded, the penalty may be discharged by forwarding
within 10 days of the date of the citation to the above-named office
double the amount of the minimum penalty specified.[3]
(b)
Court prosecution. If the alleged violator does not deliver or mail a deposit, as provided in Subsection C(2)(a) of this section, within 10 days of the date of the citation, the Washington County Sheriff’s Deputy or Village law enforcement officer shall forward a copy of the citation to the Village Attorney for prosecution pursuant to law.[4]
(c)
Deposits returned to Treasurer. Police personnel receiving deposits
for nonmoving traffic violations under this subsection shall pay over
such deposits to the Washington County Sheriff. By the end of the
next workday, the Washington County Sheriff shall pay over such deposits
to the Treasurer. Such payment shall be accompanied by an itemized
statement for each deposit.
A.
Duty of the Village to erect and install uniform traffic control devices. Whenever traffic regulations created by this chapter, including a state traffic regulation adopted by reference in § 351-1, require the erection of traffic control devices for enforcement, the Village shall procure, erect and maintain uniform traffic control devices conforming to the Manual on Uniform Traffic Control Devices promulgated by the State Department of Transportation, giving notice of such traffic regulation to the users of the streets and highways on which such regulations apply. Whenever state law grants discretion to local authorities in erecting or placement of a uniform traffic control device, devices shall be erected in such locations and in such a manner as in the judgment of the Public Works Supervisor or Washington County Sheriff's Deputy or Village law enforcement officer will carry out the purposes of this chapter and give adequate warning to users of the streets and highways of the Village.[1]
B.
Official Traffic Map.
(1)
Established. There is established for the Village an Official Traffic
Map upon which is indicated all existing stop signs, arterial intersections,
yield signs, handicapped parking, fire lanes, speed zones, school
crossings, and school zones for which the law requires the erection
or use of official traffic control devices to enforce such restrictions
or limitations. All such restrictions and limitations set forth on
such Official Traffic Map are ratified and affirmed.
(2)
Additions. The Village Board may from time to time make additions
to or deletions from the Official Traffic Map, and the Village Clerk
or designee shall keep such Official Traffic Map current. Every addition
to such Official Traffic Map made after March 1, 1984, shall indicate
the number of the authorizing ordinance or resolution and the date
the appropriate official traffic control device was erected, and every
deletion shall indicate the number of the authorizing ordinance or
resolution.[2]
(3)
Map to be maintained. A copy of the Official Traffic Map shall be
maintained and displayed in the Village Hall. The Village Clerk or
designee shall make appropriate authorized changes on such map within
three working days after the appropriate official traffic control
device is erected or removed, as the case may be.[3]
(4)
Violations. When official traffic control devices giving notice of
the restrictions, prohibitions, and limitations shown on the Official
Traffic Map are erected and maintained in accordance with the provisions
of this section, a violation of the restriction, prohibition, or limitation
shown on the Official Traffic Map shall be a violation of the provisions
of this chapter.
C.
Operators to obey traffic control devices. Every operator of a vehicle
approaching an intersection at which an official traffic control device
is erected shall obey such device in accordance with this section.
D.
Prohibited signs and markers in highways. No person other than an officer authorized by this chapter to erect and maintain official traffic control devices, or his or her designee, shall place within the limits of any street or highway maintained by the Village any sign, signal, marker, mark, or monument unless permission is first obtained from the Washington County Sheriff’s Deputy, Village Board or designee, Village law enforcement officer or State Department of Transportation. Any sign, signal, marker, mark, or monument placed or maintained in violation of this subsection shall be subject to removal as provided in Subsection E of this section.[4]
E.
Removal
of unofficial signs, markers, signals, and traffic control devices.
The Washington County Sheriff’s Deputy, Village Clerk or designee
or Village law enforcement officer may remove any sign, signal, marker,
or other device which is placed, maintained or displayed in violation
of this chapter or law. Any charge imposed against premises for removal
of a prohibited or illegal sign, signal, marker, or device shall be
reported by the Washington County Sheriff’s Deputy or Village
law enforcement officer to the Village Board for review and certification
at its next regular meeting following the imposition of the charge.
Any charge not paid on or before the next succeeding November 15 shall
be placed upon the tax roll for collection as other special municipal
taxes.[5]
All traffic control signs, signals, devices, and markings in
place on the date of adoption of this Code are ratified and confirmed
by the Village Board.
In the interest of public safety, the Village Board, by resolution, has designated the location of stop and yield signs within the Village and has ordered the installation of such signs. In addition, the location of such signs is indicated on the Official Traffic Map of the Village pursuant to § 351-4.
No person shall engage in any speed contest, exhibition of speed,
or any unreasonable or unnecessary acceleration or show of power on
any street, alley, or public parking lot in the Village, including
all school parking lots within the Village.
Pursuant to the provisions of § 345.28(4), Wis. Stats.,
the Village elects to participate in the nonmoving traffic violation
and registration program of the Wisconsin Department of Transportation
and pay the costs established by the Department under § 85.13,
Wis. Stats.; such costs shall, in turn, be assessed against persons
charged with nonmoving traffic violations. The Village Attorney shall
be responsible for complying with the requirements set forth in § 345.28(4),
Wis. Stats.
