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, 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 of 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 violation of any moving traffic regulation set forth in the Wisconsin Statutes adopted by reference in § 348-1 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 349, Wis. Stats., for which an imprisonment penalty or fine may be imposed upon the defendant.[1]
D.
Forfeitures for parking violations.
(1)
Forfeitures for uniform statewide parking, stopping and standing offenses. Minimum and maximum forfeitures for violation of nonmoving traffic regulations adopted by reference in § 348-1 as described in Chs. 341 to 349, Wis. Stats., shall be as found in the current edition of the Revised Uniform State Traffic Deposit Schedule.[2]
E.
Other violations. Any person who shall violate any provision of this
chapter for which a penalty is not otherwise established by this section
shall be subject to a forfeiture of not less than $10 nor more than
$200 for the first offense and not less than $20 nor more than $500
for the second offense within two years.
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 accordance with the
provisions of § 345.20(2)(b) and Ch. 800, Wis. Stats.
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 Village Attorney and Chief of Police shall recommend to the Village Board a citation for use in enforcing the nonmoving traffic regulations 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 § 348-1, 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.[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 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.[2]
(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, including those for parking
or nonmoving violations, shall be brought or mailed to the Clerk of
Court as directed by the arresting officer.
(2)
Nonmoving traffic offenses.
(a)
Direct payment of penalty permitted. Persons cited (summons
not issued) for violation of nonmoving traffic regulations 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. When payment is made as provided
in this subsection, no court costs shall be charged.[3]
(b)
Court prosecution. If the alleged violator does not deliver or mail a deposit as provided in Subsection C(2)(a) within 15 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)
Bond. Any official 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 Chief of Police 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 Chief of Police 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; establishing
the effective date for participation; and
[4]
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.
