This chapter shall be enforced in accordance
with the applicable provisions of the state statutes and this section.
A.
Applicable court procedures. Except where otherwise
specifically provided by the laws of the state or this chapter, the
traffic regulations in this chapter shall be enforced in the Circuit
Court of Outagamie County in accordance with the provisions of Chs.
345 and 800, Wis. Stats.
[Amended 8-17-2010 by Ord. No. 2010-03]
B.
Citations. The kinds of citations and the procedures
governing citations are as follows:
(1)
Uniform citation and complaint. The state uniform
traffic citation and complaint described and defined in § 345.11,
Wis. Stats., 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 state uniform traffic citation shall not be used in such cases
except upon the written request of the District Attorney.
(2)
Parking citations. The Town Board shall develop 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 state statutes adopted by reference in § 495-1 and all provisions of §§ 495-15, 495-19B and C and 495-20 through 495-23, and Chapter 492, §§ 492-9 through 492-21.[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 C(2) of this section. Nonmoving traffic citations may be issued by law enforcement officers or by civilian employees, as determined by the Town Board.
C.
Deposits and stipulations.
(1)
Moving traffic offenses. The following deposits and
stipulations may be made:
(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.
(b)
Delivery or mailing of deposit and stipulation.
The deposit and stipulation shall be delivered personally by the person
cited or mailed to the Outagamie County Clerk of Circuit Court.
[Amended 8-17-2010 by Ord. No. 2010-03]
(c)
Receipt required. The Administrator receiving
the deposit shall furnish and deliver or mail an original receipt
for such deposit to the alleged violator.
[Amended 11-10-2016 by Res. No. 2016-05]
(2)
Nonmoving traffic offenses. The following deposits
and stipulations may be made:
(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 14 days of the issuance of the citation
to the Clerk of the Circuit Court the penalty specified for the violation.
(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 14 days of the date of the citation, the Clerk of the Circuit Court shall forward a copy of the citation to the Town Attorney for prosecution pursuant to law.
(c)
Deposits returned to Treasurer. Officers receiving
deposits for nonmoving traffic violations under this subsection shall
pay over such deposits to the Town Treasurer within 14 days of their
receipt. Such payment shall be accompanied by an itemized statement
for each deposit of the offense charged and the name of the depositor.
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)
to (4) 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 17 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 the violation of
any provision of this chapter, upon order of the court entering judgment
therefor and having jurisdiction of the case, shall be imprisoned
until such forfeiture, costs and assessment are paid, but not exceeding
a length of 90 days.
B.
Other sanctions. Other sanctions which may be imposed
are as follows:
(1)
By court. Nothing in this section shall preclude or
affect the power of the sentencing court to exercise additional authorities
granted by the state 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 Town Administrator except a hunting or dog
license, until the forfeiture imposed for such violation and any penalty
assessment, court costs and fees or surcharge is paid.
[Amended 8-17-2010 by Ord. No. 2010-03; 11-10-2016 by Res. No. 2016-05]
C.
Forfeitures for violation of moving traffic regulations. Forfeitures for violations of any moving traffic regulation set forth in the state statutes, adopted by reference in § 495-1, shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state statutes, 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. Forfeitures for
parking violations are as follows:
(1)
Forfeitures for uniform statewide parking, stopping and standing offenses. Minimum and maximum forfeitures for violation of nonmoving traffic violations adopted by reference in § 495-1, as described in Chs. 341 to 348, Wis. Stats., shall be as provided for the comparable state nonmoving traffic violation.
E.
Other violations. Any person who shall violate any
provision of this chapter for which a penalty is not otherwise established
by this section or by other sections in this chapter shall be subject
to a forfeiture of not less than $10 nor more than $100.
[Amended 8-17-2010 by Ord. No. 2010-03]
F.
Parking ticket appeals.
[Added 3-24-2020 by Ord.
No. 2020-03]
(1)
Any
person wanting to contest a parking ticket shall first, within 10
days of the date of issuance, file an application for administrative
review with the Town Clerk. The Town Administrator and/or his/her
assigned designee will conduct an administrative review and report
the results to the applicant. Administrative review decisions are
final. When a timely request for administrative review is not filed,
the ticket shall be presumed to be uncontested. Forfeitures shall
be paid within 10 days of the ticket's issuance or an action may be
commenced by the Town in accordance with the uniform traffic procedure
for nonmoving violations as set forth in § 345.28, Wis.
Stats., and it may forward the matter to the State Department of Transportation
for enforcement under the state traffic violation and registration
program.
(2)
When
a vehicle is the subject to five or more outstanding, unpaid parking
tickets issued in accordance with this section, the vehicle may be
considered in chronic violation of the parking ordinances until such
time that all outstanding parking tickets are paid in full. Further,
upon a subsequent violation, a vehicle considered in chronic violation
of the parking ordinance pursuant to this section may be towed and
impounded at the owner's expense.
Notwithstanding § 346.70(4)(f), Wis.
Stats., accident reports required to be filed with or transmitted
to the Department of Transportation or Town shall not be used as evidence
in any judicial trial, civil or criminal, arising out of an accident,
except that such reports may be used as evidence in any administrative
proceeding conducted by the Department.
A.
Noncompliance. No person shall operate or allow to be operated on any highway, street or alley within the Town a vehicle that is not in conformity with the requirements of the provisions of § 110.075 and Ch. 347, Wis. Stats., incorporated by reference in § 495-1.
B.
Owner's liability. Any owner of a vehicle not equipped
as required by this section who knowingly causes or permits such vehicle
to be operated on a highway in violation of this section is as guilty
of the violation of the section as if he/she had operated the vehicle.
The provisions of § 347.04, Wis. Stats., relating to nonapplicability
of demerit points shall apply to owners convicted of violations of
this section.
C.
Safety checks. Safety checks are as follows:
(1)
Operators to submit to inspection. When directed to
do so by any law enforcement officer, the operator of any motor vehicle
shall stop and submit such vehicle to an inspection and such tests
as are necessary to determine whether the vehicle meets the requirements
of this section or that the vehicle's equipment is in proper adjustment
or repair. No person, when operating a motor vehicle, shall fail to
stop and submit such vehicle to inspection when directed to do so
by any law enforcement officer as provided in this subsection.
(2)
Authority of officer. Any law enforcement officer
is hereby empowered whenever he/she shall have reason to believe that
any provision of this section is being violated to order the operator
of the vehicle to stop and to submit such vehicle to an inspection
with respect to brakes, lights, turn signals, steering, horns and
warning devices, glass, mirrors, exhaust systems, windshield wipers,
tires and other items of equipment.
(3)
Removal of vehicle from highway. Whenever, after inspection
as provided by this section, a law enforcement officer determines
that a vehicle is unsafe for operation, he/she may order it removed
from the highway and not operated, except for purposes of removal
and repair, until the vehicle has been repaired as directed in a repair
order. Repair orders may be in the form prescribed by the Secretary
of the Department of Transportation under § 110.075(5),
Wis. Stats., and shall require the vehicle owner or operator to cause
the repairs to be made and return evidence of compliance with the
repair order to the Department or the issuing officer within the time
specified in the order.
D.
Penalty for violation of section. Penalty for violation of any provision of this section, including the provisions of the Wisconsin Statutes incorporated by reference in Subsection A of this section, shall be as provided in § 495-5, together with the costs of prosecution and applicable penalty assessment.
A.
Ratification. All traffic control signs, signals,
devices and markings in place on the adoption date of this chapter
are expressly ratified and confirmed.
B.
Prohibited signs and markers in highways. No person, other than an officer or his designee authorized by this chapter to erect and maintain official traffic control devices, shall place within the limits of any street or highway maintained by the Town any sign, signal, marker, mark or monument unless permission is first obtained from the Town Administrator. Any sign, signal, marker, mark or monument placed or maintained in violation of this section shall be subject to removal as provided in Subsection C.
[Amended 8-17-2010 by Ord. No. 2010-03; 11-10-2016 by Res. No. 2016-05]
C.
Removal of unofficial signs, markers, signals and
devices. The Town Administrator or designee may remove any sign, signal,
marking or other device which is placed, maintained or displayed in
violation of this chapter or state law. Any charge imposed against
premises for removal of a prohibited or illegal sign, signal, marking
or device shall be reported by the Town Administrator to the Town
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 Town taxes.
[Amended 8-17-2010 by Ord. No. 2010-03; 11-10-2016 by Res. No. 2016-05]
