A.
Forfeiture penalty; restitution.
(1)
Generally. The penalty for violation of any provision of this chapter
shall be a forfeiture as hereinafter provided, together with court
costs and fees prescribed by § 814.63(1) and (2), 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.
(2)
Enforcement costs; court costs; fees; restitution; assessments and
surcharges.
(a)
Upon a conviction for a violation under this chapter, pursuant
to § 346.63(1)(a) or (b), Wis. Stats., a court may impose
restitution of all actual costs chargeable to the City of Colby as
a disbursement associated with the traffic ordinance violation, including,
but not limited to, costs for the withdrawal and/or analysis of blood,
breath and/or urine, and, in all cases, actual costs of service of
process. This includes, but is not limited to, restitution of costs
associated with traffic forfeitures involving blood alcohol concentration,
operating while intoxicated or operating under the influence of a
controlled substance.
(b)
The City elects by municipal ordinance to authorize restitution
with traffic forfeitures for damage to property, whether private or
municipal, caused by such traffic violations, such as, but not limited
to, damage caused to the roadway, hit-and-run property damage or similar
such destruction of property. Such restitution shall be paid to the
property owner.
(3)
Suspension of payment; penalties for nonpayment. Payment of the judgment
and applicable court costs, fees, assessments, restitution 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 forfeiture, court costs, restitution, penalty assessment or 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, court
costs, fees, assessments, restitution and surcharges are paid, but
not for a period 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 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 City, 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 § 432-1 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 § 432-1 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Parking violations.
(a)
Notwithstanding the general penalty provisions contained in
this section for violations of parking regulations, any person who
receives a notice or ticket from an officer of the Police Department
that he has violated any of the following listed parking regulations
may, within 72 hours of the day of the alleged violation, appear at
the Police Department, deposit the sum herein set forth, stipulate
with the City that he has violated the regulations as charged in the
notice and consent to a disposition of the charge by forfeiture of
the bail so deposited. The mailing of such sum and notice within the
seventy-two hour period to the Police Department shall constitute
compliance with the foregoing requirements. The forfeiture for violation
of local parking ordinances shall be not less than $5 nor more than
$200.
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 $20 nor more than
$100.
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 chapter, the
traffic regulations in this chapter shall be enforced in Circuit Court
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 City Attorney and Chief of Police shall recommend to the Common Council 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 § 432-1, 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.
[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) above 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 and approved by the Common Council. Deposits may be brought or mailed to the Police Department as directed by the arresting officer. Deposits for parking and nonmoving violations shall be mailed or brought to the City Clerk-Treasurer.
(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. 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 15 days of the date of the citation, the Chief of Police may forward a copy of the citation to the City 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 City 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
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
Registration suspension program.
(a)
The City 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 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 is authorized
to perform, on behalf of the City, 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 City 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)
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 § 345.28(4)(d),
Wis. Stats. The Municipal Judge or 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 City's participation in such program shall be in addition
to any and all other means legally available to enforce such citations.
