A.
Penalties for violations of ordinances which adopt state regulations.
Any person who is found to be guilty of having violated any provision
of this chapter which is adopted from a state statute or code shall
be subject to the penalty or penalties prescribed for violation of
the adopted provision; shall be ordered to pay all costs, fees, penalties,
assessments, surcharges, and other charges which are to be imposed
by state law; and shall be ordered to pay the costs of prosecution
whenever such costs are allowed by state law. Upon default of payment
of any sum ordered by a court to be paid, the court may take any further
actions permitted by state law.
B.
Penalty for nonstatutory parking violations. The forfeiture for violation
of parking regulations which do not adopt state statutes shall be:
A.
Enforcement procedures. This chapter shall be enforced in accordance
with the applicable provisions of the Wisconsin Statutes and this
section.
B.
Parking citations. The District Attorney and Chief of Police/Officer in Charge shall recommend to the Village Board 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 § 320-1, 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.
Nonmoving traffic offenses.
(1)
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. When payment is made as provided in this subsection,
no court costs shall be charged.
(2)
Court prosecution. If the alleged violator does not deliver or mail a deposit as provided in Subsection C(1) within 15 days of the date of the citation, the Chief of Police/Officer in Charge shall forward a copy of the citation to the District Attorney for prosecution.
(3)
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 D below.
(4)
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.
D.
Registration suspension program.
(1)
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.
(2)
The Clerk of Courts is hereby designated as a delegated authority
for the purposes of §§ 85.13 and 345.28, Wis. Stats.,
and Ch. Trans. 128, Wis. Adm. Code . The Clerk of Court 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:
(a)
Preparing and completing all forms and notices, notifying the
Wisconsin Department of Transportation of unpaid citations for nonmoving
traffic violations;
(b)
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;
(c)
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
(3)
The Chief of Police/Officer in Charge is hereby authorized to assign
a member of the Police Department to perform such acts as are necessary
to effectuate this subsection.
(4)
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.
(5)
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.
