Chapter 10.12
ENFORCEMENT
Sections:
10.12.010 Collection of forfeitures for nonmoving traffic violations—State procedures adopted.
10.12.010 Collection of forfeitures for nonmoving traffic violations—State procedures adopted.
A. Definition. A “nonmoving traffic violation” is any parking of a vehicle in violation of a statute or an ordinance.
B. Statutes Adopted. The procedures provided for in Sections 345.28 and 345.34 to 345.47, Wisconsin Statutes, inclusive, are specifically adopted and shall be followed in actions to recover forfeitures for nonmoving traffic violations, as defined in subsection A of this section.
C. Costs Assessed. The police department shall have the authority to determine the administrative costs of enforcement in collection of forfeitures for nonmoving traffic violations under this section from time to time, as may be necessary to adjust the same, and shall keep the municipal court informed of the same, which court shall assess the same against violators and cause such to be collected along with stipulations; but in no event shall such costs be less than the following:
1. After ten days and a first notice has been sent, ten dollars ($10.00).
2. After twenty-eight (28) days and a second notice has been sent, twenty dollars ($20.00).
3. After the citation has been referred to the Department of Transportation for a suspension of registration, as permitted by subsection B of this section, forty dollars ($40.00). (Prior code § 7.12.5)
10.12.020 Violation—Penalty.
The penalty for violation of any provision of this chapter and Chapters 10.04 and 10.08 shall be a forfeiture as hereafter provided together with the costs under Section 345.47, Wisconsin Statutes.
A. State Forfeiture Statutes. Forfeitures for violation of any provision of this chapter and Chapters 10.04 and 10.08 shall be a forfeiture as provided, together with costs, under Section 345.27, Wisconsin Statutes.
B. State Fine Statutes. The forfeiture for violation of any statute adopted by reference hereunder for which the penalty is a fine shall not exceed the maximum fine permitted under such statute.
C. Local Regulations. The penalty for violation of Sections 10.04.020, 10.08.010 through 10.08.100, 10.08.130 and 10.12.010 shall be as provided in Chapter 1.12. (Amended during 1997 codification; prior code § 7.20)
10.12.030 Enforcement.
A. Enforcement Procedure. This chapter and Chapters 10.04 and 10.08 shall be enforced according to Sections 66.0114, 345.20 to 345.53, and Ch. 800, Wisconsin Statutes.
B. Deposit. Any person arrested for a violation of this chapter and Chapters 10.04 and 10.08 may make a deposit of money, as directed by the arresting officer, at the police station or at the office of the clerk of courts or by mailing the deposit to such places. The arresting officer or the person receiving the deposit shall comply with Section 343.26, Wisconsin Statutes, or, if the deposit is mailed, the signed statement required under Section 343.26 shall be mailed with the deposit. The arresting officer or the person receiving the deposit shall notify the arrested person, orally or in writing, that:
1. If he fails to appear in court at the time fixed in the citation, he will be deemed to have tendered a plea of no contest and submitted to a forfeiture plus costs not to exceed the amount of the deposit; or
2. If he fails to appear in court at the time fixed in the citation, and if the court does not accept the deposit as a forfeiture, he will be summoned into court to answer the complaint;
3. The amount of the deposit shall be determined in accordance with the deposit schedule established by the Wisconsin Judicial Conference. The deposit shall include court costs and suit tax;
4. The arresting officer or the person receiving the deposit shall issue the arrested person a receipt therefor as required by Section 345.26(3)(b), Wisconsin Statutes;
5. If a deposit schedule has not been established, the arresting officer shall require the alleged offender to deposit not less than the maximum forfeiture permitted under this section.
C. Stipulation of No Contest. Any person charged with a violation of this chapter and Chapters 10.04 and 10.08, except Sections 346.62(1) and 346.63(1), Wisconsin Statutes, may, at the time of the alleged violation or within five days thereafter, make a stipulation of no contest pursuant to Section 345.26, Wisconsin Statutes. Such person shall, at the time of entering into the stipulation, make the deposit required under subsection B of this section if he has not already done so. A person who has mailed or filed a stipulation under this subsection may, however, appear in court on the appearance date. (Ord. 1819 § 3 (part), 2001; Amended during 1997 codification; prior code § 7.21)