A.
Forfeiture penalty. Unless otherwise provided in this chapter, 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.[1]
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 or 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 violations of any moving traffic regulation set forth in the Wisconsin Statutes adopted by reference in § 451-1 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.
D.
Forfeitures for parking violations.
(1)
Forfeitures for uniform statewide parking, stopping and standing offenses. Minimum and maximum forfeiture for violation of nonmoving traffic regulations adopted by reference in § 451-1 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]
(2)
Penalty for other parking violations. The penalty for other violations
will be as follows: first offense not less than $5 nor more than $500;
second offense, not less than $10 nor more than $500; etc. Each twenty-four-hour
period of violation constitutes a separate offense.
E.
Other violations. The penalty for other violations will be as follows:
first offense not less than $15 nor more than $500; second offense,
not less than $25 nor more than $500; etc. Each twenty-four-hour period
of violation constitutes a separate offense.
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 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 § 451-1, 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 civilians designated in Chapter 23, Citations, of this Code of the Village of Spencer.[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) of
the Wisconsin Statutes whenever the provisions of § 345.27
of the Wisconsin Statutes are inapplicable to such violations. Stipulations
shall conform to the form contained in the uniform traffic citation
and complaint under § 345.11 of the Wisconsin Statutes.[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 of the Wisconsin Statutes 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 Circuit Court
or Police Department within five days of the issuance of the citation
in lieu of court appearance.
(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 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 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 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]
(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, or his designee, 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, or his 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
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)
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 Village 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.
(d)
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.
