[Code 1966, § 4.37; Ord. No. 888, § 1, 12-16-2014]
(a)
This chapter shall be enforced in accordance with the applicable
provisions of the state statutes and this section.
(1)
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 municipal court of the Village
in accordance with the provisions of W.S.A., chs. 345 and 800.
(2)
Citations. The kinds of citations and the procedures governing
citations are as follows:
a.
Uniform citation and complaint. The state uniform traffic citation
and complaint described and defined in W.S.A., § 66.0113
shall be used for enforcement of all provisions of this chapter except
those provisions which describe or define nonmoving traffic violations
and violations of W.S.A., §§ 346.71 through 346.73.
Violations of W.S.A., §§ 346.71 through 346.73 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.
b.
Parking citations. The Chief of Police shall recommend a citation for use in enforcing the nonmoving traffic offenses in this chapter. When approved by the Village Board, 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 § 82-1, and all provisions of §§ 82-178, 82-192, 82-193, 82-206 through 82-211, and 34-64 through 34-76. 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 (a)(3)b of this section. Nonmoving traffic citations may be issued by law enforcement officers or by civilian employees of the Village police department.
(3)
Deposits and stipulations.
a.
Moving traffic offenses. The following deposits and stipulations
may be made:
1.
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.
2.
Delivery or mailing of deposit and stipulation. The deposit
and stipulation shall be delivered personally by the person cited,
mailed to the office of the Village police department or the Clerk
of the municipal court, or any other Village-approved payment method
(i.e. online payments).
3.
Receipt required. The official or person receiving the deposit
shall furnish and deliver or mail an original receipt for such deposit
to the alleged violator, only upon request, and shall deliver the
deposit and stipulation and copy of the receipt within 14 days to
the Clerk of the municipal court.
b.
Nonmoving traffic offenses. The following deposits and stipulations
may be made:
1.
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
to the Village police department the minimum penalty specified for
the violation no later than the date of the court appearance listed
on the citation. When payment is made as provided in Subsection (a)(3)b1
of this section, no court costs shall be charged.
2.
Court prosecution. If the alleged violator does not deliver
or mail a deposit as provided in Subsection (a)(3)b1 of this section
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
pursuant to law.
3.
Deposits returned to Treasurer. Officers receiving deposits
for nonmoving traffic violations under this subsection shall pay over
such deposits to the Village Treasurer within two business 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.
[Code 1966, § 4.36; Ord. No. 888, § 1, 12-16-2014]
(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 W.S.A., §§ 814.63(1)
— (4) or 814.65(1), the penalty assessment for moving traffic
violations and the drive improvement surcharge imposed by [W.S.A.,]
§ 346.655, 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 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 Village Clerk except a marriage, hunting, fishing or 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 moving traffic regulations. Forfeitures for violations of any moving traffic regulation set forth in the state statutes, adopted by reference in § 82-1 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 W.S.A., chs. 341 to 348 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 § 82-1, as described in W.S.A., chs. 341 to 348, shall be as provided for the comparable state nonmoving traffic violation.
(2)
Overtime parking. The forfeiture for violations of the provision of §§ 82-206 and 82-207 relating to limited time parking, shall be a fee as set forth in the most current Village Board bail bond resolution. Each hour during which a violation occurs or continues shall be considered a separate offense.
(3)
Penalty for other parking violations. The penalty for all other
parking violations not included under subsections (a) or (b) of this
section shall be a forfeiture as set forth in the most current Village
Board bail bond resolution.
(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 as set forth in the most current
Village Board bail bond resolution.
[Code 1966, § 4.11(1); Ord. No.
888, § 1, 12-16-2014]
(a)
The operator of any vehicle involved in an accident resulting in
injury to or death of any person or in damage to a vehicle which is
driven or attended by any person shall immediately stop such vehicle
at the scene of the accident, or as close thereto as possible, but
shall then forthwith return to, and in every event shall remain at,
the scene of the accident until the operator has fulfilled the following
requirements:
(1)
The operator shall give his name, address and the registration
number of the vehicle he is driving to the person struck or to the
operator or occupant of, or person attending, any vehicle collided
with;
(2)
The operator shall, upon request and if available, exhibit his
operator's license to the person struck or to the operator or
occupant of, or person attending, any vehicle collided with; and
(3)
The operator shall render to any person injured in such accident
reasonable assistance, including the carrying, or the making of arrangements
for the carrying of such person to a physician, surgeon or hospital
for medical or surgical treatment if it is apparent that such treatment
is necessary, or if such carrying is requested by the injured person.
[Code 1966, § 4.11(1); Ord. No.
888, § 1, 12-16-2014]
(a)
Immediate notice of accident. The operator of a vehicle involved
in an accident resulting in injury to or death of any person, any
damage to state or other government-owned property, except a state
or other government-owned vehicle, to an apparent extent of $200 or
more or total damage to property owned by any one person or to a state
or other government-owned vehicle to an apparent extent of $1,000
or more shall immediately, by the quickest means of communication,
give notice of such accident to the Village police department, or
to a state traffic patrol officer. In this subsection, the word "injury"
means injury of a physical nature to a person resulting in death or
the need of first aid or attention by a physician or surgeon, whether
or not first aid or medical or surgical treatment was actually received.
The expression "total damage to property owned by one person" means
the sum total cost of putting the property damaged in the condition
it was before the accident, if repair thereof is practical, and if
not practical, the sum total cost of replacing such property. For
purposes of this subsection, if any property which is damaged is held
in a form of joint or multiple ownership, the property shall be considered
to be owned by one person.
(b)
Written report of accident. Unless a report is made under Subsection (d) of this section within 10 days after an accident of the type described in Subsection (a) of this section, the operator of a vehicle involved in the accident shall forward a written report of the accident to the Village police department. The Village police department may accept or require a report of the accident to be filed by an occupant or the owner in lieu of a report from the operator. Every accident report required to be made in writing shall be made on the appropriate form and shall contain all of the information required therein unless not available.
(c)
Person to report when operator unable. Whenever the operator of a vehicle is physically incapable of giving the notice and making the report required by subsections (a) and (b) of this section, the owner of the vehicle involved in the accident shall give the notice and make the report required by subsections (a) and (b) of this section. If the owner of the vehicle is physically or mentally incapable of giving the notice and making the report required by subsections (a) and (b) of this section, and if there was another occupant in the vehicle at the time of the accident capable of giving the notice and making the report, such occupant shall give the notice and make the report.
(d)
Police and traffic agencies to report. The Village police investigating or receiving a report of a traffic accident, as described in Subsection (a) of this section shall forward a report of the accident to the state within 10 days after the date of the accident. The reports shall be made on a uniform traffic accident report form prescribed by and supplied by the state. The department, upon request of local enforcement agencies, shall make available to them compilations of data obtained from such reports.
(e)
Falsifying reports. No person shall falsely make and file or transmit
any accident report or knowingly make a false statement in any accident
report which is filed or transmitted pursuant to this section.
[Code 1966, § 4.11(2); Ord. No.
888, § 1, 12-16-2014]
Notwithstanding W.S.A., § 346.70(4)(f), accident reports
required to be filed with or transmitted to the department or Village
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.
[Code 1966, § 4.12; Ord. No. 888, § 1, 12-16-2014]
(a)
Adoption. The administrative rules and regulations adopted by the
secretary of the state department of transportation and published
in the Wisconsin Administrative Code, exclusive of any provisions
therein relating to the penalties to be imposed, are hereby adopted
by reference and made part of this chapter as if fully set forth in
this subsection.
(c)
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 had operated the vehicle. The
provisions of W.S.A., § 347.04, relating to nonapplicability
of demerit points, shall apply to owners convicted of violation of
this section.
(d)
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 of the Village
is hereby empowered whenever he 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 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 W.S.A., § 110.075(5),
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 of the issuing officer within the time specified
in the order.
(e)
Penalty for violation of section. Penalty for violation of any provision of this section, including the provisions of the Wisconsin Administration Code, incorporated by reference in Subsection (a) of this section, shall be as provided in Subsection (c) of this section, together with the costs of prosecution and applicable penalty assessment.
[Ord. No. 88, § 1, 12-16-2014]
All traffic control signs, signals, devices and markings in
place on the adoption date of this Code are expressly ratified and
confirmed.
[Code 1966, § 4.02(1); Ord. No.
888, § 1, 12-16-2014; Ord. No. 895, § IV, 3-17-2015]
Whenever traffic regulations created by this chapter including a state traffic regulation adopted by reference in § 82-1, require the erection of traffic control devices for enforcement, the public works director shall procure, erect and maintain uniform traffic control devices conforming to the Uniform Traffic Control Device Manual promulgated by the state department of transportation, giving notice of such traffic regulation to the users of the streets and highways on which such regulations apply. Whenever state law grants discretion to local authorities in erecting or placement of a uniform traffic control device, devices shall be erected in such locations and in such manner as, in the judgment of the public works director, will carry out the purposes of this chapter and give adequate warning to users of the streets and highways of the Village.
[Code 1966, § 4.02(3); Ord. No.
888, § 1, 12-16-2014]
When official traffic control devices giving notice of the restrictions,
prohibitions and limitations shown on the official traffic map are
erected and maintained in accordance with the provisions of this section,
a violation of the restriction, prohibition or limitation shown on
the official traffic map shall be a violation of the provisions of
this chapter.
[Code 1966, § 4.02(4); Ord. No.
888, § 1, 12-16-2014; Ord. No. 895, § IV, 3-17-2015]
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 Village, any sign, signal, marker, mark or monument unless permission is first obtained from the public works director or state highway commission. Any sign, signal, marker, mark or monument placed or maintained in violation of this section shall be subject to removal as provided in § 82-50.
[Code 1966, § 4.02(5); Ord. No.
88, § 1, 12-16-2014; Ord. No. 895, § IV, 3-17-2015]
The public works director 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 public works director to the Village 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 Village taxes.
