[HISTORY: Adopted by the Common Council of
the City of Montello 5-7-1984 as Title 8, Ch. 1 of the 1984 Code. Amendments noted where
applicable.]
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 hereby adopted and by reference
made a part of this Code as if fully set forth herein. Any act required
to be performed or prohibited by any statute incorporated herein by
reference is required or prohibited by this section. Any future amendments,
revisions or modifications of these statutes incorporated herein 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 of Wisconsin.
The provisions of §§ 346.57,
346.58 and 346.59, Wis. Stats., relating to the maximum and minimum
speed of vehicles, are hereby adopted as part of this section as if
fully set forth herein.
A.
Parking limits. When signs are erected in any block
giving notice thereof, no person shall park a vehicle for longer than
the period of time indicated on the sign, at any time, between the
hours of 8:00 a.m. and 6:00 p.m., except on Sundays and holidays.
B.
All-night parking. It shall be unlawful for any person,
except physicians on emergency calls, to park any vehicle on any street
in the City of Montello between the hours of 2:00 a.m. and 6:00 a.m.
of any day from the first day of November to the first day of April
of each year. Special permission allowing the holder thereof to park
a vehicle owned by him or under his control and supervision on a particularly
described portion of a street within the City during these hours may
be issued by the Montello Police Department where actual necessity
can be shown, such as in cases of overnight guests or emergency breakdowns
of the vehicle, thereby deeming it necessary to leave said vehicle
parked on the street temporarily or, in the case of breakdown, until
immediate attention can be given to said vehicle within 24 hours of
said breakdown. Application for any such permission (with the exception
of vehicle breakdown) must be made 72 hours in advance and may be
given only by the Chief of Police or one of his officers.
C.
Parking restricted.
[Amended 7-6-2005; 11-7-2016; 10-8-2018]
(1)
It shall be unlawful for any and all vehicles to park in City Parking
Lot Nos. 1, 3, and 4 in the City of Montello between the hours of
2:00 a.m. and 6:00 a.m. from the first day of November to the first
day of April of each year. Parking in City Parking Lot No. 2 (west
side of Main Street, located between 33 Main Street and 19 Main Street)
for the period beginning with the first day of November to the first
day of April shall be as follows:
(2)
Permits will be issued by the Montello Police Department. Permits
may be issued to residents of Main Street whose property includes
no other off-street parking. Permit holders must remove vehicles from
the lot by 8:00 a.m. daily. Vehicles not removed by 8:00 a.m. are
subject to ticketing and/or towing at the vehicle owner's expense.
There shall be a limit of two permits issued per residential unit.
The cost of each permit shall be $20 for the period of November 1
of each year to the following April 1.
D.
Prohibited areas.
[Added 5-6-2019]
(1)
No vehicle shall be parked at any time on both sides of State Trunk
Highway 22 (Church Street) from the intersection of State Trunk Highway
22/23 (Montello Street) northerly to a point 160 feet north of State
Trunk Highway 22/23 (Montello Street).
(2)
No vehicle shall be parked at any time on the north side of State
Trunk Highway 22/23 (Montello Street) from 82 feet west of State Trunk
Highway 22 (Church Street) easterly to the intersection of State Trunk
Highway 22 (Church Street).
(3)
No vehicle shall be parked at any time on the north side of State
Trunk Highway 23 (Montello Street) from the intersection of State
Trunk Highway 22 (Church Street) easterly to a point 82 feet east
of State Trunk Highway 22 (Church Street).
A.
No person shall stop, park or leave standing any vehicle,
whether attended or unattended and whether temporarily or otherwise,
in any of the following places:
(1)
Within an intersection.
(2)
On a crosswalk.
(3)
On a sidewalk or sidewalk area, except when parking
in such place is clearly indicated by official traffic signs or markers
or parking meters.
(4)
Alongside or opposite any highway excavation or obstruction
when such stopping or standing would obstruct traffic or when pedestrian
traffic would be required to travel in the roadway.
(5)
On the roadway side of any parked vehicle unless double
parking is clearly indicated by official traffic signs or markers.
(6)
Within 20 feet of the driveway entrance to a fire
station.
(7)
Upon any portion of a highway where and at the time
when stopping or standing is prohibited by official traffic signs
indicating the prohibition of any stopping or standing.
(8)
In any place or manner so as to obstruct or hinder
traffic.
(9)
Within 10 feet of a fire hydrant, unless a greater
distance is indicated by an official traffic sign.
(10)
Upon any portion of a highway where and at the
time when parking is prohibited, limited or restricted by official
traffic signs.
(11)
Upon any bridge.
(12)
Upon any portion of a street between the curbline
thereof and the cement or traveled portion of the sidewalk, said space
being commonly known as the "terrace."
(13)
No vehicle shall be parked at any time on both sides of State
Trunk Highway 22 (Church Street) from the intersection of State Trunk
Highway 22/23 (Montello Street) northerly to a point 160 feet north
of State Trunk Highway 22/23 (Montello Street).
[Added 5-6-2019]
(14)
No vehicle shall be parked at any time on the north side of
State Trunk Highway 22/23 (Montello Street) from 82 feet west of State
Trunk Highway 22 (Church Street) easterly to the intersection of State
Trunk Highway 22 (Church Street).
[Added 5-6-2019]
(15)
No vehicle shall be parked at any time on the north side of
State Trunk Highway 23 (Montello Street) from the intersection of
State Highway 22 (Church Street) easterly to a point 82 feet east
of State Trunk Highway 22 (Church Street).
[Added 5-6-2019]
B.
Schools.
(1)
During the hours of 7:30 a.m. to 4:30 p.m. on school
days, no person shall stop, park or leave any vehicle standing, whether
temporarily or otherwise, upon the side of any highway adjacent to
a schoolhouse where designated by official signs reading "No Stopping,
Standing or Parking 7:30 a.m. to 4:30 p.m. on School Days."
(2)
On highways adjacent to such schoolhouse where designated
by official signs reading "No Parking 7:30 a.m. to 4:30 p.m. on School
Days," the operator of a vehicle may stop upon such designated side
of the highway thereof during such hours provided that such stopping
is temporary and only for the purpose of receiving or discharging
passengers.
(3)
Parking is permitted on the side of any highway adjacent
to such schoolhouse during such hours where signs prohibiting parking
are not posted.
(4)
This subsection shall not apply to a vehicle licensed
as a common carrier while actually engaged in the receiving and discharging
of passengers.
(5)
Parking
permit.
[Added 3-17-2022]
(a)
During the hours of 7:30 a.m. to 4:30 p.m. on school days, no person
shall stop, park or leave any vehicle standing, whether temporarily
or otherwise, in any Montello School District parking lot without
a current Montello High School student/Montello School District staff
parking permit. Students and staff are expected to park in their designated
lot and park in designated parking stalls as indicated by parking
lot markings. Visitors are expected to park in designated visitor
parking areas.
(b)
During the hours of 7:30 a.m. to 4:30 p.m. on school days, no person
shall fail to display a Montello High School student/Montello School
District staff parking permit or display said permit on an unauthorized
vehicle.
(c)
Permits will be issued with registration or can be obtained at the
designated office.
All streets and alleys within the City of Montello,
Wisconsin, except the following enumerated streets, are hereby designated
Class "B" highways and shall be subject to the weight limitations
imposed by § 348.16, Wis. Stats.: those streets over which
State Trunk Highways 22 and 23 pass in the City of Montello.
Sunset Drive, formerly Dredge Bank Road, between
Highway 22 and West Montello Street, shall be restricted to one-way
traffic traveling in a northwesterly direction only, with the entrance
on State Highway 22.
[Amended 2-6-2017]
The following streets are designated as arterials
and stop signs shall be placed in the manner provided by law governing
traffic at the intersections as follows:
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Ash Street and State Highway 22
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Barry Street and Underwood Avenue
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Cass Street and Clay Street
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Cass Street and Montello Street
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Cass Street and Park Street
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Central Avenue and Underwood Avenue
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Church Street and Montello Street
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Clay Street and Church Street
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County Trunk "B" and State Highway 23
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County Trunk "C" and State Highway 23
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County Trunk "F" and Main Street
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Doty Street and Park Street
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Douglas Street and Park Street
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East Street and Montello Street
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Ellis Street and Underwood Avenue
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Factory Street and Main Street
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Forest Lane and State Highway 22
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Fourth Street and Main Street
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Lake Avenue and Bearry Street
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Lake Avenue and Underwood Avenue
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Montello Street and Main Street
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North Street and Doty Street
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Park Street and Church Street
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Park Street and West Street
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Schmidt Street and Park Street
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Stevens Avenue and Lake Avenue
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Stevens Avenue and Underwood Avenue
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Third Street and Main Street
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Underwood Avenue and Montello Street
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Underwood Avenue and Park Street
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Water Street and Main Street
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West Street and Montello Street
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A.
Whenever any police officer shall find any motor vehicle,
trailer, semitrailer or mobile home standing upon any street or public
property in violation of parking regulations or posted time limit,
and such vehicle is parked 24 hours in excess of parking regulations,
he is authorized to move said vehicle, or require the operator in
charge thereof to move such vehicle, to a position where parking is
not prohibited. For the purpose of this section, the business district
of the City of Montello is defined to be Main Street from H. A. Freitag
& Son to Montello Street; Montello Street from the Montello Theater
to Underwood Avenue; from Underwood Avenue to Park Street; and West
Street from Park Street to Montello Street.[2]
B.
The owner of any illegally parked vehicle, except
a stolen vehicle, is responsible for all costs of removing said illegally
parked vehicle.
C.
Towing fees and any other costs of removing said illegally
parked vehicles shall be charged directly to the owner or operator
of said vehicle.
[1]
Editor's Note: Original § 8-1-8,
Parking meters, as amended 4-7-1986, which immediately preceded this
section, was repealed 7-6-2005.
The Committee on Public Safety or its designee shall erect and maintain appropriate standard traffic signs, signals and markings conforming to the rules of the State Department of Transportation, giving such notice of the provisions of §§ 323-2 through 323-6 as required by state law. Signs shall also be erected in such locations and manner as authorized by the Common Council as to give adequate warning to users of the street, alley or highway in question.
Notwithstanding the provisions of § 346.48(2)(b)2,
Wis. Stats., to the contrary, school bus operators shall use flashing
red warning lights in residential and business districts when pupils
or other authorized passengers are to be loaded or unloaded at locations
at which there are no crosswalks or traffic signals so that pupils
must cross the street or highway before being loaded or after being
unloaded.
A.
Established. There is hereby established an Official
Traffic Map for the City of Montello, upon which shall be indicated
no parking areas, restricted parking areas, stop signs, arterial intersections,
yield signs, special speed limits, one-way highways, school crossings
and all other restrictions or limitations contained in the Code, as
from time to time amended or modified by the Common Council, when
the laws of the State of Wisconsin require the erection or use of
official traffic control devices to enforce such restrictions or limitations.
B.
Violations prohibited. 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 Code.
C.
Map to be maintained. A copy of the Official Traffic
Map shall be maintained and displayed in the office of the City Clerk-Treasurer
and the Circuit Court.
D.
Additions to map. The Common Council may from time
to time make additions to or deletions from the Official Traffic Map,
and the City Clerk-Treasurer shall keep such Official Traffic Map
current.
When official traffic signs indicating such
restriction have been erected, no person shall park, stop or leave
standing any vehicle upon any portion of a street, highway or public
or private parking facility reserved for vehicles displaying special
registration plates or identification cards or emblems issued by the
Wisconsin Department of Transportation or, for vehicles registered
in another jurisdiction, by such other jurisdiction designating the
vehicle as one used by a physically disabled person.
A.
Schmidt Street shall be closed to all vehicular traffic
except authorized vehicles between the hours of 7:45 a.m. and 3:45
p.m. Authorized vehicles permitted to use Schmidt Street are municipal
and school district vehicles and emergency vehicles.
B.
School bus operators shall use flashing red warning
lights while on Schmidt Street when pupils or other authorized passengers
are to be loaded or unloaded at locations at which there are no crosswalks
or traffic signals so that pupils must cross the street before being
loaded or after being unloaded.
[Amended 9-1-1998]
A.
Conduct prohibited. No person shall, within the City
limits of the City of Montello, by or through the use of a motor vehicle,
including but not limited to an automobile, truck, semitractor, motorcycle,
minibike, or snowmobile, cause or provoke disorderly conduct with
a motor vehicle, cause a disturbance or annoy one or more person.
B.
DISORDERLY CONDUCT WITH A MOTOR VEHICLE
Definition. As used in this section, the following
terms shall have the meanings indicated:
The engaging in violent, abusive, unreasonably loud or otherwise
disorderly conduct, including but not limited to unnecessary, deliberate,
or intentional spinning of wheels, squealing of tires, revving of
engine, blowing the horn, causing the engine to backfire or causing
the vehicle while commencing to move or in motion to raise one or
more wheels off the ground, or the use of compression brakes which
are activated or operated by the compression of the engine.
A.
Forfeiture penalty. The penalty for violation of any
provision of this chapter shall be a forfeiture as hereinafter provided
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, where otherwise permitted by law, upon order
of the court entering judgment therefor and having jurisdiction of
the case, be imprisoned until such forfeiture, costs and assessments
are paid, but not exceeding 90 days.
B.
Other sanctions. 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 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 regulations set forth in the Wisconsin Statutes adopted by reference in § 323-1 shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state 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 or fine may be imposed upon the defendant.
D.
Forfeitures for parking violations.
(1)
Forfeitures for uniform statewide parking, stopping and standing offenses. Minimum and maximum forfeitures for violation of the offenses described in §§ 346.51 to 346.55, Wis. Stats., adopted by reference in § 323-1 of this chapter, shall be as follows:
|
Offense
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Forfeiture
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|---|---|---|---|
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Minimum
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Maximum
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§ 346.51(1)
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Improper parking on/off roadway
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$5
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$200
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§ 346.52(1)
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Stopping/standing in prohibited areas
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$5
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$40
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Second conviction within 1 year
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$5
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$100
| |
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§ 346.52(2)
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Stopping/standing on highway by grade school
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$5
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$40
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§ 346.53
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Parking/standing where prohibited
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$5
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$40
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Second conviction within 1 year
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$5
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$100
| |
|
§ 346.54
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Improper parking/standing of vehicle
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$5
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$40
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Second conviction within 1 year
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$5
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$100
| |
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§ 346.55(1)
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Parking on left side of highway
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$5
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$100
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§ 346.55(3)
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Parking on posted private property
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$5
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$100
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Second conviction within 1 year
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$5
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$100
| |
(2)
Overtime parking. The forfeiture for violations of
the provisions of this chapter relating to limited time parking shall
be $5. If the same is not paid within seven days of the issuance of
said ticket, said forfeiture shall automatically increase to $10.
[Amended 4-7-1986; 7-6-1998]
(3)
Penalty for other parking violations. The penalty for all other parking violations not included under Subsection D(1) and (2) above shall be a forfeiture of $25. If said forfeiture is not paid within seven days, thereby necessitating further notices, the forfeiture will automatically be increased to $35. If said forfeiture of $35 is not paid within 14 days of notice, the City shall issue a complaint and summons under the provisions of § 345.28(4), Wis. Stats.
[Amended 4-7-1986]
A.
Enforcement according to statutes. This chapter shall
be enforced in accordance with the provisions of the Wisconsin Statutes
and this section.
B.
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 of Marquette County in accordance with the provisions
of the Wisconsin Statutes.
C.
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. When approved by the Common Council, 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 § 323-1. 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 D(2) of this section. Nonmoving traffic citations may be issued by law enforcement officers or by civilian employees of the Police Department.
D.
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.
(b)
Delivery or mailing of deposit and stipulation.
The deposit and stipulation shall be delivered personally by the person
cited or mailed to the office of the City of Montello Police Department.
(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 five days to the
Clerk of the Circuit Court of Marquette County.
(2)
Nonmoving traffic offenses.
(a)
Direct payment of penalty permitted. Persons
cited for violation of nonmoving traffic offenses described and defined
in this chapter may discharge the penalty thereof and avoid court
prosecution by forwarding, within 10 days of the issuance of the citation,
to the City Clerk-Treasurer the minimum penalty specified for the
violation. If not so forwarded, the penalty may be discharged by forwarding
within 15 days of the date of the 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 D(2)(a) above within 15 days of the date of the citation, the Chief of Police shall forward a copy of the citation to the City Attorney for prosecution pursuant to law.
(c)
Deposits returned to Clerk-Treasurer. Officers
receiving deposits for nonmoving traffic violations under this subsection
shall pay over such deposits to the City 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.
