10.670 Traffic Bureau.

(1) Establishment – Operation – Rules. There is hereby established a Traffic Bureau in the City of Manitowoc, under the jurisdiction of the Chief of Police, which Bureau is hereby vested with authority to receive the forfeitures and the penalties hereinafter enumerated, which shall be collected by the City Traffic Bureau, which Bureau shall report and deposit such forfeitures and penalties in the same manner as it has heretofore reported and deposited the same. The Chief of Police is hereby instructed to delegate an officer to be in charge of such Bureau at all times. Said Chief of Police shall make all needful rules and regulations not inconsistent with this section, or any other ordinance of the City of Manitowoc, to properly operate such Bureau efficiently.

(2) Officer’s Action After Arrest Without a Warrant. If a person is arrested without a warrant for the violation of a traffic regulation, the arresting officer shall issue a citation under Wis. Stat. § 345.11, and in addition follow all the provisions of Wis. Stat. Ch. 345.

(3) Officer’s Action After Arrest for Driving Under Influence of Intoxicant. A person arrested under Wis. Stat. § 346.63 or an ordinance lawfully enacted in conformity therewith for operating a motor vehicle while under the influence of an intoxicant may not be released until 12 hours have elapsed from the time of his arrest or unless a chemical test administered under Wis. Stat. § 343.305 shows that there is 0.05 percent or less by weight of alcohol in such person’s blood, but such person may be released to his attorney, spouse, relative or other responsible adult at any time after arrest.

(4) Traffic Citation.

(a) Traffic citations issued under Wis. Stat. §§ 345.20 to 345.53 shall conform to Wis. Stat. § 345.11.

(b) In addition to the requirements under subsection (4)(a) of this section, citations may inform the alleged violator that in lieu of court appearance he may within five days make a deposit under Wis. Stat. § 345.26 or stipulate no contest under Wis. Stat. § 345.27. If the citation does not contain the information specified in this subsection, such information shall be given to the alleged violator in a separate printed statement attached to the violator’s copy of the citation. All deposits must be made at the Manitowoc Police Station. If the deposit is mailed, the alleged violator shall sign a statement before mailing to the effect that he has read such information and said statement shall be mailed with the deposit. The citation shall state the amount of the deposit and contain the information required under Wis. Stat. § 345.27(1), and if it does not, the information shall be given to the alleged violator in a separate printed statement attached to the violator’s copy of the citation. All deposits mailed shall be mailed to the Manitowoc Police Department.

(c) The receipt required by Wis. Stat. § 345.23(2)(c) may be given to the alleged violator on a separate form.

(5) Deposit.

(a)1. A person arrested under Wis. Stat. § 345.22 for the violation of a traffic regulation who is allowed to make a deposit under Wis. Stat. § 345.23(2)(a) shall deposit the money by either mailing the deposit to the Manitowoc Police Department if the arresting officer deems this possible or, if previously approved by the Court, the office of the Manitowoc County Clerk of Court, or by going, in the custody of the arresting officer, to any of those places to make the deposit. Before allowing the arrested person to make the deposit the arresting officer or the person receiving the deposit shall comply with Wis. Stat. § 345.27(1) or, if the deposit is mailed, the signed statement required under Wis. Stat. § 345.27(1) shall be mailed with it.

2. The arresting officer or the person receiving the deposit shall notify the arrested person, orally or in writing, that:

A. If he fails to appear in Court at the time stated in the citation, he will be deemed to have entered a plea of no contest and submitted to forfeiture plus costs not to exceed the amount of the deposit which the Court may accept as provided in Wis. Stat. § 345.37; or

B. 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 for the violation, he will be summoned into Court to answer the complaint.

(b)1. The basic amount of the deposit for the alleged violation of a traffic regulation shall be determined in accordance with a deposit schedule which the Board of County Judges shall establish. Annually, the Board shall review and may revise the schedule.

2. In addition to the amount in subsection (5)(b)(1) of this section, the deposit shall include Court costs and suit tax if applicable.

(c)1. The arresting officer or the person accepting the deposit may allow the alleged violator to submit a personal check for the amount of the deposit.

2. The person receiving the deposit shall prepare a receipt in triplicate on a serially numbered form, showing the purpose for which the deposit is made and stating that the alleged violator may inquire at the office of the Clerk of Court or justice regarding the disposition of the deposit, and shall deliver the original to the alleged violator or, if the deposit is made by mail, shall mail the receipt by return mail.

3. If the alleged violator is in custody, he shall be released after he has made the deposit specified in this section.

4. Any person other than the Manitowoc County Clerk of Court who accepts the deposit shall, before the time fixed for the appearance of the defendant, deliver the deposit and a copy of the receipt and of the citation issued to the defendant to the Clerk of the Court. The clerk shall give a receipt therefor, specifying the serial number of the receipt accompanying the deposit.

5. Accident Reports. The operator of any vehicle involved in an accident shall immediately, and without delay, after such accident file with the City Police Department a copy of the report required by Wis. Stat. § 346.70, if any. If the operator is unable to make such report, any occupant of the vehicle at the time of the accident capable of making such report shall have the duty to comply with this section. Such reports shall be subject to the provisions and limitations in Wis. Stat. §§ 346.70(4)(f) and 346.73.

(6) Official Traffic Signs and Signals.

(a) City Engineer Authorized to Procure and Erect Signs and Signals. The City Engineer is hereby authorized and directed to procure, erect and maintain appropriate standard traffic signs, signals and markings conforming to the rules of the State Highway Division giving such notice of the provisions of this chapter as required by State law. Signs shall be erected in such locations and manner as the City Engineer shall determine will best effect the purposes of this chapter and give adequate warning to users of the street or highway. Stop signs shall be erected or removed in conformance with the City of Manitowoc Stop Sign Policy and Guidelines and the Manual on Uniform Traffic Control Devices as adopted by the Wisconsin Department of Transportation.

(b) Removal of Unofficial Signs and Signals. The City Engineer shall have the authority granted by Wis. Stat. § 349.09 and is hereby directed to order the removal of a sign, signal, marking or device placed, maintained or displayed in violation of this section or Wis. Stat. § 346.41. Any charge imposed on a premises for removal of such illegal sign, signal or device shall be reported to the Common Council at its regular meeting for review and certification.

(c) Penalty. The penalty for violation of any provision of this chapter shall be a forfeiture as hereinafter provided together with the cost of prosecution imposed as provided in Wis. Stat. §§ 345.20 to 345.53.

1. Uniform Offenses. Forfeitures for violation of any provision of Wis. Stat. Chs. 340 through 348 and 350, adopted by reference in MMC 10.010, shall conform to forfeitures for violation of the comparable State offense, including any variations or increases for second offenses.

(d) Enforcement. This chapter shall be enforced in accordance with the provisions of Wis. Stat. §§ 345.20 to 345.53, Ch. 299 and § 66.0114.

1. Stipulation of Guilt or No Contest. Stipulations of guilt or no contest may be made by persons arrested for violations of this chapter in accordance with Wis. Stat. §§ 66.0114(1)(b) and (1)(bm) whenever the provisions of Wis. Stat. § 345.27 are inapplicable to such violations. Stipulations shall conform to the form contained on the uniform traffic citation and complaint under Wis. Stat. § 345.11 and may be accepted within five days of the date of the alleged violation. Stipulations may be accepted by the City Police Department.

2. Deposits. Any person stipulating guilt or no contest under subsection (1) of this section must make the deposit required under Wis. Stat. § 345.26, or, if the deposit is not established under such Statute, shall deposit a forfeited penalty as provided in the schedule established by the Chief of Police and approved by the Common Council. Deposits may be brought or mailed to the office of the Police Department as directed by the arresting officer. Deposits for parking or nonmoving violations shall be mailed or brought to the City.

3. Notice of Demerit Points and Receipt. Every officer accepting a forfeited penalty or money deposit under this chapter shall receipt therefor in triplicate as provided in Wis. Stat. § 345.26(3)(b). Every officer accepting a stipulation under the provisions of this chapter shall comply with the provisions of Wis. Stat. §§ 343.28, 345.26(1)(a) and 345.27(2), 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 Wis. Stat. § 345.11.

4. Forfeitures in Treasury – Officer to Post Bond – Qualify. Any officer accepting deposits or forfeited penalties under this chapter shall deliver them to the Clerk of Court within 20 days after receipt. Any officer authorized to accept deposits under Wis. Stat. § 345.26 or this chapter shall qualify by taking the oath prescribed by Wis. Stat. § 19.01.

5. References to Statutes. References to specific statutory sections wherever used in this section shall mean the Wisconsin Statutes of 1971.

(7) Repealed by Ord. 11-828.

(8) Ordinances Specified. Those violations of the traffic ordinances, the trial of which may be by stipulation as above provided, are as follows:

(a) Parking not parallel with the curb.

(b) Parking within an intersection of streets.

(c) Parking on a crosswalk.

(d) Parking between a safety zone and the adjacent curb.

(e) Parking on a sidewalk.

(f) Parking alongside a street excavation.

(g) Parking double or abreast.

(h) Parking in a loading zone.

(i) Parking in a business district alley.

(j) Parking within 15 feet of the driveway entrance to a fire station.

(k) Parking on the restricted west or east side of South 8th Street.

(l) Parking in front of or closer than four feet from a private driveway.

(m) Parking on any bridge.

(n) Parking too close to a fire hydrant.

(o) Parking adjacent to property used as a depot.

(p) Parking adjacent to school.

(q) Parking in no-parking zone.

(r) Parking adjacent to entrance to church, theater, hotel, hospital or any other place of public assemblage during the hours designated by an official sign.

(s) Parking too close to another, vehicle, two feet to the front and two feet to the rear.

(t) Parking too close to crosswalk.

(u) Parking on either side of Revere Drive between Chicago and Northwestern Railroad Company tracks.

(v) Parking on street for advertising purposes.

(w) Parking on wrong side of street.

(x) Parking on streets prohibited by ordinance.

(y) Parking on arterials during winter months.

(z) Parking overtime.

(aa) Parking more than 12 inches from curb.

(9) Duty of Officer in Case of Violation. Any officer observing such a violation shall serve upon the violator or affix in a secure place and manner on or within the vehicle, a written notice to appear at the Traffic Bureau at police headquarters, in the City of Manitowoc and such violator may pay to the officer in charge of said Bureau the forfeiture or penalty required by this section.

(10) System of Accounts – Records – Procedure. The Chief of Police shall establish a proper and adequate system of accounts, records and procedure for the operation of the Traffic Bureau, and he shall have printed the necessary forms, including consecutively numbered stipulation blanks, to be used in carrying out the provisions of this section.

[Ord. 21-050 § 1, 2021; Ord. 16-741 § 4, 2016; Ord. 11-828 § 3, 2012. Prior code § 10.11]