§ 18-136. Enforcement.

(a)

Enforcement procedures. The following shall be the enforcement procedures for this chapter:

(1)

How enforced. This article shall be enforced in accordance with the applicable provisions of the state statutes and this section.

(2)

Applicable court procedures. Except where otherwise specifically provided by the laws of the state or this Code, the traffic regulations in this Code shall be enforced in the circuit court.

(b)

Citations. Unless otherwise provided the following provisions apply to citations issued under this article:

(1)

Uniform citation and complaint. The state uniform traffic citation and complaint described and defined in the state statutes shall be used for enforcement of all provisions of this article unless otherwise provided except those provisions which describe or define nonmoving traffic violations and violations of Wis. Stats. §§ 346.71 through 346.73. Violations of Wis. Stats. §§ 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 written request of the district attorney.

(2)

Parking citations. The chief of police shall recommend a citation for use in enforcing the nonmoving traffic offenses in this article unless otherwise provided. 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 section 18-1, 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 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 may be issued by law enforcement officers or by civilian employees of the police department.

(c)

Deposits and stipulations. Provisions for deposits and stipulations of this chapter are as follows:

(1)

Uniform traffic offenses. The following provisions apply to uniform traffic offenses:

a.

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. Stipulations of guilt or no contest may be made by persons arrested for violations of this chapter unless otherwise provided in accordance with Wis. Stats. § 66.0114 whenever the provisions of Wis. Stats. § 345.27 are inapplicable to such violations. Stipulations shall conform to the form contained in the uniform traffic citation and complaint under Wis. Stats. § 345.11 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 the preceding subsection must make the deposit required under Wis. Stats. § 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 village board. Deposits may be brought or mailed to the Washburn County Clerk of Courts.

(2)

Nonmoving traffic offenses. The following provisions apply to nonmoving traffic offenses:

a.

Court prosecution. If the alleged violator does not deliver or mail a deposit the chief of police shall forward a copy of the citation to the village attorney for prosecution.

b.

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 state 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 Wis. Stats. § 345.28(4), and subsection (c)(3) of this section.

c.

Deposits returned to village clerk-treasurer. Officers receiving deposits for nonmoving traffic violations under this subsection shall pay over such deposits to the village clerk-treasurer 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.

d.

Bond. Any officer authorized to accept deposits under Wis. Stats. § 345.26 or this section, shall qualify by taking the oath prescribed by Wis. Stats. § 19.01.

(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 Wis. Stats. § 345.26(3)(b). Every officer accepting a stipulation under the provisions of this section shall comply with the provisions of Wis. Stats. §§ 343.27, 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. Stats. § 345.11.

(4)

Registration suspension program. The following provision apply to the registration suspension program:

a.

The village may participate in the state department of transportation traffic violation and registration program as set forth in Wis. Stats. § 345.28 and Wis. Admin. Code ch. TRANS 128 and all amendments or changes thereto.

b.

The police department is hereby designated as a delegated authority for purposes of Wis. Stats. §§ 85.13 and 345.28 and Wis. Admin. Code ch. 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 state 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 state department of transportation for administration of the program, establishing the effective date for participation; and

4.

Taking such other action as is necessary to institute and continue participation in the state department of transportation traffic violation and registration program.

c.

The chief of police is hereby authorized to assign a member of the police department to perform such acts as are necessary to effectuate this subsection.

d.

In addition to all applicable fines and court costs, the cost of using the state department of transportation traffic violation and registration program shall be assessed as permitted by Wis. Stats. § 345.28(4)(d). The police department may refuse to notify the state department of transportation of payment on a citation until all applicable fines and costs, including costs assessed under the preceding sentence, are paid.

e.

This subsection shall not be interpreted as requiring that all unpaid citations for nonmoving traffic violations be processed through the state 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.

(Code 1990, § 10-1-51)