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)
and (2) or 814.65(1), Wis. Stats., the penalty assessment for moving
traffic violations and the driver improvement surcharge imposed by
§ 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 thereon and having
jurisdiction of the case, be imprisoned until such forfeiture, costs
and assessment are paid, but not exceeding 90 days.
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 § 338-1 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 348, Wis. Stats., for which an imprisonment penalty or fine may be imposed upon the defendant.
D.
Forfeitures for parking violations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Forfeitures for uniform statewide parking, stopping and standing offenses. Minimum and maximum forfeiture for violation of nonmoving traffic regulations adopted by reference in § 338-1 as described in Chs. 341 to 348, Wis. Stats., shall be as found in the current edition of the Revised Uniform State Traffic Deposit Schedule.
E.
Other violations. Any person who shall violate any provision of this
chapter for which a penalty is not otherwise established by this section
shall be subject to a forfeiture of not less than $25 nor more than
$300.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 the Code of the
Village of Monticello, the traffic regulations in this chapter shall
be enforced in the Circuit Court.
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 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 § 338-1 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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),
Wis. Stats., whenever the provisions of § 345.27, Wis. Stats.,
are inapplicable to such violations. Stipulations shall conform to
the form contained in the uniform traffic citation and complaint under
§ 345.11, Wis. Stats., and may be accepted within five days
of the date of the alleged violation. Stipulations may be accepted
by the Police Department.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(b)
Delivery or mailing of deposit and stipulation. Any person stipulating guilt or no contest under Subsection C(1)(a) of this section must make the deposit required under § 345.26, Wis. Stats., or, if the deposit is not established under such statute, shall deposit a forfeited penalty as provided in the schedule established by the Chief of Police and approved by the Village Board. Deposits may be brought or mailed to the Police Department within five days of the issuance of the citation in lieu of court appearance.
(c)
Receipt required. Every officer accepting a stipulation under
the provisions of this chapter shall comply with the provisions of
§§ 343.28 and 345.26(1)(a) of the Wisconsin Statutes
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. The
official or a 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 seven days to the Clerk of Circuit Court.
(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 to the Police Department the minimum
forfeiture specified for the violation. If not forwarded, the penalty
may be discharged by forwarding within 10 days of the date of 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(b)
Court prosecution. If the alleged violator does not deliver or mail a deposit as provided in Subsection C(2)(a) within 10 days of the date of the citation, the Chief of Police shall forward a copy of the citation to the Village Attorney for prosecution.
(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(4) below.
(d)
Deposits returned to Village Clerk-treasurer. Officers receiving
deposits for nonmoving traffic violations under this subsection shall
pay over such deposits to the Village 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.
(e)
Bond. Any officer 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, 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)
Registration suspension program.
(a)
The Village shall participate in the Wisconsin Department of
Transportation Traffic Violation and Registration Program as set forth
in § 345.285, Wis. Stats., and Ch. Trans. 128, Wis. Adm.
Code, and all amendments or changes thereto.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(b)
The Police Department 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 Police Department 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:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[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;
[4]
And taking such other action as is necessary to institute and
continue participation in the Wisconsin Department of Transportation
Traffic Violation and Registration Program.
(c)
The Chief of Police is hereby authorized to assign a member
of the Police Department to perform such acts as are necessary to
effectuate this subsection.
(d)
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 § 345.285,
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.
(e)
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.
