Chapter 10.35
ENFORCEMENT AND PENALTIES
Sections:
10.35.010 Penalties.
(a) Forfeiture Penalty. The penalty for violation of any provision of Chapters 10.05 through 10.20 AMC shall be a forfeiture as hereafter provided, together with court costs and fees prescribed by Section 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 Sections 165.87 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 Chapters 10.05 through 10.20 AMC 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.
(b) Other Sanctions. 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.
(c) Forfeitures for Violation of Uniform Traffic Regulations. Forfeitures for violations of any moving traffic regulation set forth in the Wisconsin Statutes adopted by reference in AMC 10.05.010 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 Chapters 10.05 through 10.20 AMC for any offense described in Chapters 341 through 348, 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 forfeitures for violation of nonmoving traffic violations adopted by reference in AMC 10.05.010 as described in Chapters 341 through 348, Wis. Stats., shall be not less than $25.00 nor more than $1,000.
(e) Other Violations. Any person who shall violate any provisions of Chapters 10.05 through 10.20 AMC for which a penalty is not otherwise established by this section shall be subject to a forfeiture of not less than $60.00 nor more than $800.00. [Ord. dated 3/6/12 § 68; Ord. dated 12/2/09. Prior code § 8-1-50].
10.35.020 Enforcement.
(a) Enforcement Procedures – How Enforced. Chapters 10.05 through 10.20 AMC shall be enforced in accordance with the applicable provisions of the Wisconsin Statutes and this section.
(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 Chapters 10.05 through 10.20 AMC except those provisions which describe or define nonmoving traffic violations and violations of Sections 346.71 through 346.73, Wis. Stats. Violations of Sections 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 police committee shall recommend a citation for use in enforcing the nonmoving traffic offenses in Chapters 10.05 through 10.20 AMC. When approved by the village board, such citation shall be used for enforcement of nonmoving traffic regulations created or adopted by Chapters 10.05 through 10.20 AMC, including violations of nonmoving traffic regulations defined and described in the Wisconsin Statutes, adopted by reference in AMC 10.05.010, and all provisions regarding nonmoving traffic violations in Chapters 10.05 through 10.20 AMC. 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 maybe issued by law enforcement officers or by civilian employees authorized by the village board.
(c) Deposits and Stipulations.
(1) Uniform Traffic Offenses.
a. Who May Make. Persons arrested or cited for violation of moving traffic offenses created by Chapters 10.05 through 10.20 AMC 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 Chapters 10.05 through 10.20 AMC in accordance with Section 66.12(1)(b), Wis. Stats., whenever the provisions of Section 345.27, Wis. Stats., are inapplicable to such violations. Stipulations shall conform to the form contained on the uniform traffic citation and complaint under Section 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.
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 Section 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 police committee and approved by the village board. Deposits may be brought or mailed within five days of the issuance of the citation in lieu of court appearance to the police department.
c. Receipt Required. Every officer accepting a stipulation under the provisions of Chapters 10.05 through 10.20 AMC shall comply with the provisions of Sections 343.28 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 Section 345.11, Wis. Stats. The official or 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 municipal clerk of courts.
(2) Nonmoving Traffic Offenses.
a. Direct Payment of Penalty Permitted. Persons cited (summons not issued) for violation of nonmoving traffic offenses described and defined in Chapters 10.05 through 10.20 AMC 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 so forwarded, the penalty may be discharged by forwarding within 15 days of the date of citation to the above named office the amount of $25.00. When payment is made as provided in this subsection, no court costs shall be charged.
b. Court Prosecution. If the alleged violator does not deliver or mail a deposit as provided in subsection (c)(2)(a) of this section, the police shall forward a copy of the citation to the village attorney.
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 Section 345.28(4), Wis. Stats., and subsection (c)(3) of this section.
d. Deposits Returned to Clerk. Officers receiving deposits for nonmoving traffic violations under this subsection shall pay over such deposits to the village clerk 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 Section 345.26, Wis. Stats., or this section shall qualify by taking the oath prescribed by Section 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 Section 345.26(3)(b), Wis. Stats. Every officer accepting a stipulation under the provisions of this section shall comply with the provisions of Sections 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 Section 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 Section 345.28, Wis. Stats., and Wis. Adm. Code Chapter TRANS 128 and all amendments or changes thereto.
b. The police department is hereby designated as a delegated authority for purposes of Sections 85.13 and 345.28, Wis. Stats., and Wis. Adm. Code Chapter TRANS 128. 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:
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 and 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 Section 345.28(4)(d), 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.
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. [Ord. dated 3/6/12 § 69. Prior code § 8-1-51].
State law reference: Section 345.28, Wis. Stats.; Wis. Adm. Code Chapter TRANS 128.