(a) Enforcement procedures.
(1) How enforced. This chapter shall be enforced in accordance with the applicable provisions of the state statutes and this section.
(2) Applicable court procedures. Except where otherwise specifically provided by the laws of the state or this code, the traffic regulations in this code shall be enforced in accordance with the provisions of Wis. Stats. § 345.20(2)(b) and Chapter 800.
(b) Citations.
(1) Uniform citation and complaint. The state uniform traffic citation and complaint described and defined in the state statutes shall be used for enforcement of all provisions of this chapter except those provisions which describe or define non-moving traffic violations and violations of Wis. Stats. §§ 346.71 through 346.73. Violations of Wis. Stats. §§ 346.71 through 346.73 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.
a. The Chief of Police shall recommend to the Village Board a citation for use in enforcing the non-moving traffic offenses in this chapter. Such citation shall be used for enforcement of non-moving traffic regulations created or adopted by this chapter, including violations of non-moving traffic regulations defined and described in the state statutes, adopted by reference in § 10-1-1, and all provisions regarding non-moving traffic violations in this chapter.
b. The citation for non-moving traffic violations shall contain a notice that the person cited may discharge the forfeiture for violation of a non-moving traffic regulation and penalty thereof by complying with subsection (c)(2) below. Non-moving traffic citations may be issued by law enforcement officers or by civilians designated in § 1-2-1.
(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 state statutes. Stipulations of guilt or no contest may be made by persons arrested for violations of this chapter in accordance with Wis. Stats. § 66.0114(1)(b) whenever the provisions of Wis. Stats. § 345.27 are inapplicable to such violations. Stipulations shall conform to the form contained in the uniform traffic citation and complaint under Wis. Stats. § 345.11.
b. Delivery or mailing of deposit and stipulation. Any person stipulating guilt or no contest under the preceding subsection (c)(1)a. above must make the deposit required under Wis. Stats. § 345.26 or, if the deposit is not established under such statute, shall deposit a forfeited penalty as provided in the schedule established by the Village Board. Deposits may be brought or mailed to the Clerk of Municipal Court or Police Department prior to the scheduled court appearance date in lieu of court appearance.
(2) Non-moving traffic offenses.
a. Direct payment of penalty permitted. Persons cited (summons not issued) for violation of non-moving 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 the minimum forfeiture specified for the violation. When payment is made as provided in this subsection (c)(2)a., 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 15 days of the date of the citation, the matter may be prosecuted.
c. Registration suspension. If the alleged violator does not pay the forfeiture or appear in court in response to the citation for a non-moving 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 State 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 Wis. Stats. § 345.28(4) and subsection (c)(3) below.
d. Bond. Any official authorized to accept deposits under Wis. Stats. § 345.26, or this section, shall qualify by taking the oath prescribed by Wis. Stats. § 19.01.
(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 Wis. Stats. § 345.26(3)(b). Every officer accepting a stipulation under the provisions of this section shall comply with the provisions of Wis. Stats. §§ 345.27, 343.28, 345.26(1)(a), and 345.27(2), 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 Wis. Stats. § 345.11.
(4) Registration suspension program.
a. The village shall participate in the State Department of Transportation Traffic Violation and Registration Program, as set forth in Wis. Stats. § 345.28, and Wis. Admin. Code, Trans. 128, and all amendments or changes thereto.
b. The Chief of Police, or his or her designee, is hereby designated as a delegated authority for purposes of Wis. Stats. §§ 85.13 and 345.28, and Wis. Admin. Code, Trans. 128. The Chief of Police, or his or her designee, 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 State Department of Transportation of unpaid citations for non-moving traffic violations;
2. Specifying whether the registration of vehicles involved in unpaid citations for non-moving traffic violations should be suspended and/or whether registration should be refused for any vehicle owned by persons with unpaid citations for non-moving traffic violations;
3. Determining the method by which the village will pay the State Department of Transportation for administration of the program, and establishing the effective date for participation; and
4. Taking such other action as is necessary to institute and continue participation in the State Department of Transportation Traffic Violation and Registration Program.
c. In addition to all applicable fines and court costs, the cost of using the State Department of Transportation Traffic Violation and Registration Program shall be assessed as permitted by Wis. Stats. § 345.28(4)(d). The village may refuse to notify the State Department of Transportation of payment on a citation until all applicable fines and costs, including costs assessed under the preceding sentence, are paid.
d. This subsection (c)(4) shall not be interpreted as requiring that all unpaid citations for non-moving traffic violations be processed through the State 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.
(Prior Code, § 10-1-51)
Statutory reference:
Similar provisions, see Wis. Admin. Code, Chapter Trans. 128
Similar provisions, see Wis. Stats. § 345.28