A.
Forfeiture penalty. The penalty for violation of any
provision of this chapter shall be a forfeiture as hereafter provided,
together with court costs and fees prescribed by § 814.63(1)
and (2) or 814.65(1), Wis. Stats., the penalty assessment for moving
traffic violations and the driver improvement surcharge imposed by
§§ 757.05 and 346.655, Wis. Stats., where applicable.
Payment of the judgment and applicable court costs, fees, assessments
and surcharges may be suspended by the sentencing court for not more
than 60 days. Any person 18 years of age or older who shall fail to
pay the amount of the forfeiture, court costs, any penalty assessment
or driver surcharge or other 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.
B.
Other sanctions.
(1)
By court. Nothing herein shall preclude or affect
the power of the sentencing court to exercise additional authorities
granted by the Wisconsin Statutes to suspend or revoke the operating
privileges of the defendant or to order the defendant to submit to
assessment and rehabilitation programs or to attend traffic safety
school in addition to payment of a monetary penalty or in lieu or
imprisonment.
(2)
By municipality. No person who has been convicted
of a violation of any provision of this chapter shall be issued a
license or permit by the Village, except a dog license, until the
forfeiture imposed for such violation and any penalty assessment,
court costs and fees or surcharge is paid.
C.
Forfeitures for violation of uniform moving traffic regulations. Forfeitures for violations of any moving traffic regulation set forth in the Wisconsin Statutes adopted by reference in § 511-1 shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable Wisconsin Statute, including any variations or increases for subsequent offenses; provided, however, that this subsection shall not be construed to permit prosecution under this chapter for any offense described in Chs. 341 to 348, Wis. Stats., for which an imprisonment penalty or fine may be imposed upon the defendant.
D.
Forfeitures for parking violations.[1]
(1)
Forfeitures for uniform statewide parking, stopping and standing offenses. Minimum and maximum forfeitures for violation of nonmoving traffic regulations adopted by reference in § 511-1 as described in Chs. 341 to 348, Wis. Stats., shall be as found in the current edition of the Revised Uniform State Traffic Deposit Schedule.
A.
Enforcement procedures.
(1)
How enforced. This chapter shall be enforced in accordance
with the applicable provisions of the Wisconsin Statutes and this
section.
(2)
Applicable court procedures. Except where otherwise
specifically provided by the laws of the State of Wisconsin or this
Code, the traffic regulations in this Code shall be enforced in the
Circuit Court.
B.
Citations.
(1)
Uniform citation and complaint. The Wisconsin uniform
traffic citation and complaint described and defined in the Wisconsin
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 through 346.73,
Wis. Stats. Violations of §§ 346.71 through 346.73,
Wis. Stats., shall be reported to the District Attorney, and the Wisconsin
uniform traffic citation shall not be used in such cases except upon
written request of the District Attorney.
(2)
Parking citations. The Chief of Police shall recommend a citation for use in enforcing the nonmoving traffic offenses in this chapter. 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 Wisconsin Statutes adopted by reference in § 511-1 and all provisions regarding nonmoving traffic violations in this chapter. 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. Nonmoving traffic citations may be issued by law enforcement officers or by civilian employees of the Police Department.
C.
Deposits and stipulations.
(1)
Uniform traffic offenses.
(a)
Who may make. Persons arrested or cited for
violation of moving traffic offenses created by this chapter shall
be permitted to make deposits and stipulations of no contest or released
by the arresting officer in accordance with the applicable provisions
of the Wisconsin Statutes. Stipulations of guilt or no contest may
be made by persons arrested for violations of this chapter in accordance
with § 66.0114(1)(b), Wis. Stats., whenever the provisions
of § 345.27, Wis. Stats., are inapplicable to such violations.
Stipulations shall conform to the form contained in the uniform traffic
citation and complaint under § 345.11, Wis. Stats., and
may be accepted within five days of the date of the alleged violation.
Stipulations may be accepted by the Police Department.
(b)
Delivery or mailing of deposit and stipulation.
Any person stipulating guilt or no contest under the preceding subsection
must make the deposit required under § 345.26, Wis. Stats.,
or, if the deposit is not established under such statute, shall deposit
a forfeited penalty as provided in the schedule established by the
Chief of Police and approved by the Village Board. Deposits may be
brought or mailed to the Police Department within five days of the
issuance of the citation in lieu of court appearance.
(c)
Receipt required. Every officer accepting a
stipulation under the provisions of this chapter shall comply with
the provisions of §§ 343.28, 345.26(1)(a) and 345.27(2)
of the Wisconsin Statutes and shall require the alleged violator to
sign a statement of notice in substantially the form contained on
the uniform traffic citation and complaint promulgated under § 345.11,
Wis. Stats. 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 seven days to the Clerk of Courts.
(2)
Nonmoving traffic offenses.
(a)
Direct payment of penalty permitted. Persons
cited (summons not issued) for violation of nonmoving traffic offenses
described and defined in this chapter may discharge the penalty thereof
and avoid court prosecution by mailing or forwarding within five days
of the issuance of the citation to the Police Department the minimum
forfeiture specified for the violation. If not forwarded, the penalty
may be discharged by forwarding within 10 days of the date of citation
to the above-named office the amount of $10. When payment is made
as provided in this subsection, no court costs shall be charged.
(b)
Court prosecution. If the alleged violator does not deliver or mail a deposit as provided in Subsection C(2)(a) within 10 days of the date of the citation, the Chief of Police shall forward a copy of the citation to the Village Attorney for prosecution.
(c)
Registration suspension. If the alleged violator does not pay the forfeiture or appear in court in response to the citation for a nonmoving traffic violation on the date specified in the citation or, if no date is specified on the citation, within 28 days after the citation is issued, the Village may ask the Wisconsin Department of Transportation to suspend the registration of the vehicle involved or refuse registration of any vehicle owned by the person pursuant to the provisions of § 345.28(4), Wis. Stats., and Subsection C(3) below.
(d)
Deposits returned to Village Clerk-Treasurer.
Officers receiving deposits for nonmoving traffic violations under
this subsection shall pay over such deposits to the Village Clerk-Treasurer
within seven days of receipt. Such payment shall be accompanied by
an itemized statement for each deposit of the offense charged and
the name of the depositor.
(e)
Bond. Any officer authorized to accept deposits
under § 345.26, Wis. Stats., or this section shall qualify
by taking the oath prescribed by § 19.01, Wis. Stats.
(3)
Notice of demerit points and receipt. Every officer
accepting a forfeited penalty or money deposit under this section
shall receipt therefor in triplicate as provided in § 345.26(3)(b),
Wis. Stats. Every officer accepting a stipulation under the provisions
of this section shall comply with the provisions of §§ 343.28,
345.26(1)(a) and 345.27(2), Wis. Stats., and shall require the alleged
violator to sign a statement of notice in substantially the form contained
on the uniform traffic citation and complaint promulgated under § 345.11,
Wis. Stats.
(4)
Registration suspension program.
(a)
The Village shall participate in the Wisconsin
Department of Transportation Traffic Violation and Registration Program
as set forth in § 345.28, Wis. Stats., and Ch. Trans 128,
Wis. Adm. Code, and all amendments or changes thereto.
(b)
The Police Department is hereby designated as
a delegated authority for purposes of §§ 85.13 and
345.28, Wis. Stats., and Ch. Trans 128, Wis. Adm. Code. The Police
Department is authorized to perform, on behalf of the Village, all
functions required of a local authority under said statutes and code,
including but not limited to:
[1]
Preparing and completing all forms and notices
notifying the Wisconsin Department of Transportation of unpaid citations
for nonmoving traffic violations;
[2]
Specifying whether the registration of vehicles
involved in unpaid citations for nonmoving traffic violations should
be suspended and/or whether registration should be refused for any
vehicle owned by persons with unpaid citations for nonmoving traffic
violations;
[3]
Determining the method by which the Village
will pay the Wisconsin Department of Transportation for administration
of the program;
[4]
Establishing the effective date for participation; and
[5]
Taking such other action as is necessary to
institute and continue participation in the Wisconsin Department of
Transportation Traffic Violation and Registration Program.
(c)
The Chief of Police is hereby authorized to
assign a member of the Police Department to perform such acts as are
necessary to effectuate this subsection.
(d)
In addition to all applicable fines and court
costs, the cost of using the Wisconsin Department of Transportation
Traffic Violation and Registration Program shall be assessed as permitted
by § 345.28(4)(d), Wis. Stats. The Police Department may
refuse to notify the Wisconsin Department of Transportation of payment
on a citation until all applicable fines and costs, including costs
assessed under the preceding sentence, are paid.
(e)
This subsection shall not be interpreted as
requiring that all unpaid citations for nonmoving traffic violations
be processed through the Wisconsin Department of Transportation Traffic
Violation and Registration Program. The Village's participation in
such program shall be in addition to any and all other means legally
available to enforce such citations.