City of Onalaska, WI Enforcement; Violations and Penalties

Penalty. The penalty for violation of any provision of this chapter shall be a fine 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 fine, 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 fine, costs and assessment are paid, but not exceeding 90 days.

Other sanctions.

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.

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 Clerk, except dog and cat licenses, until the fine imposed for such violation and any penalty assessment, court costs and fees or surcharge is paid.

Fines for violation of uniform moving traffic regulations. Fines for violations of any moving traffic regulation set forth in the Wisconsin Statutes adopted by reference in Section 10.01.11 shall conform to the penalty or fine 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.

Fines for parking violations.

Fines for uniform statewide parking, stopping and standing offenses. Minimum and maximum fines for violation of nonmoving traffic violations adopted by reference in Section 10.01.11, as described in Ch. 341 to 348, Wis. Stats., shall be as found in the current edition of the Revised Uniform State Traffic Deposit Schedule and also set forth on the City's Parking Violation Penalty Chart, available on the City of Onalaska website and at the City Clerk's office and Joint Municipal Court's office.

Penalty for other parking violations. Shall be as set forth on the City's Parking Violation Penalty Chart, available on the City of Onalaska website and at the City Clerk's office and Joint Municipal Clerk's Office.

Winter alternate parking. The fine for violation of the provisions of Section 10.01.31E of this chapter relating to overnight parking from November 15 through April 1 and snow removal from public parking lots shall be as set forth on the City's Parking Violation Penalty Chart, available on the City of Onalaska website and at the City Clerk's office and Joint Municipal Clerk's office. In the event the fine is not paid within 45 days of the date of violation, the City reserves the right to suspend the operating privileges of the owner and/or the registration of the vehicle involved in such violation until the penalty is paid in full. If the vehicle is towed, it will be at the owner's expense. If a vehicle is determined by the City Engineer or their designee to be a hindrance to the snow plowing/removal, they can order the tow of the vehicle. If a vehicle has received more than nine parking tickets in a season, that vehicle will be towed at the direction of the police each time it is in violation during the remainder of the season.

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 fine of not less than $10 nor more than $500.

Enforcement procedures.

How enforced. This chapter shall be enforced in accordance with the applicable provisions of the Wisconsin Statutes and this section.

Applicable court procedures. Except where otherwise specifically provided by the laws of the State of Wisconsin or this Code, the traffic regulations in this chapter shall be enforced in the Circuit Court for La Crosse County or in Joint Municipal Court.

Citations enforced.

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.

Parking citations. The Chief of Police shall select 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 Section 10.01.11, 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 pay the fine for violation of a nonmoving traffic regulation and penalty thereof by complying with Subsection C2 of this section. Nonmoving traffic citations may be issued by law enforcement officers or by civilian employees of the Police Department.

Payments.

Uniform traffic offenses.

Who may make. Persons arrested or cited for violation of moving traffic offenses created by this chapter and allowed to dispense of their citation by a payment under § 345.26(1)(a), Wis. Stats., shall be permitted to make payments and pay their fine with a plea 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 § 66.0111 and § 345.26, Wis. Stats., whenever the provisions of § 345.27, Wis. Stats., are inapplicable to such violations. Fines may be paid by making payment online or as set forth in Subsection C1b below.

Delivery or mailing of payment. Any person stipulating guilt or no contest under the preceding subsection may make the payment required under § 345.26, Wis. Stats., or, if the payment is not established under such Statute, shall pay a fine penalty as provided in the Deposit Schedule approved by the Common Council. Payments may be paid online, brought or mailed to the City Finance Department before the scheduled court appearance in lieu of court appearance.

Receipt required. Except where payment is made online or in person, the official or person receiving the payment on behalf of the Municipal Court shall furnish and deliver or mail an original receipt for such payment to the alleged violator within two business days of receipt.

Nonmoving traffic offenses.

Direct payment of penalty permitted. Persons cited (summons not issued) for violation of nonmoving traffic offenses described and defined in this chapter may pay the penalty thereof and avoid court prosecution by paying online, mailing or bringing the applicable fine to the City of Onalaska Finance Department on or before their scheduled initial appearance date or within the applicable time frame as set forth on their parking citation.

Registration suspension. If the alleged violator does not pay the fine 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 the City's registration suspension program outlined in Subsection C3 below.

Registration suspension program.

The City shall participate in the Wisconsin Department of Transportation traffic violation and registration program as set forth in § 345.28, Wis. Stats., and Wis. Adm. Code Ch. Trans 128, and all amendments or changes thereto.

The City of Onalaska Treasurer is hereby designated as a delegated authority for purposes of §§ 85.13 and 345.28, Wis. Stats., and Wis. Adm. Code Ch. Trans 128. The City's Treasurer Department 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:

Preparing and completing all forms and notices, notifying the Wisconsin Department of Transportation of unpaid citations for nonmoving traffic violations;

ii.

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;

iii.

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;

iv.

And taking such other action as is necessary to institute and continue participation in the Wisconsin Department of Transportation traffic violation and registration program.

The City Treasurer is hereby authorized to assign designee(s) to perform such acts as are necessary to effectuate this subsection.

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 City of Onalaska 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.

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.