§ 40-20. Enforcement.  


Latest version.
  • (a)

    Enforcement procedures.

    (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 accordance with the provisions of Wis. Stats. § 345.20(2)(b) and Wis. Stats. ch. 799.

    (b)

    Citations.

    (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 except those provisions which describe or define nonmoving traffic violations and violations of Wis. Stats. §§ 346.71—346.73. Violations of Wis. Stats. §§ 346.71—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 town attorney and county sheriff shall recommend to the town board a citation for use in enforcing the nonmoving traffic offenses in this article. Such citation shall be used for enforcement of nonmoving traffic regulations created or adopted by this article, including violations of nonmoving traffic regulations defined and described in the state statutes, adopted by reference in section 40-21, and all provisions regarding nonmoving traffic violations in this article. 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 designated civilian employees of the town.

    (c)

    Deposits and stipulations.

    (1)

    Uniform traffic offenses.

    a.

    Who may make. Persons arrested or cited for violation of moving traffic offenses created by this article 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 article in accordance with Wis. Stats. § 66.0114(1)(b). Stipulations shall conform to the form contained in the uniform traffic citation and complaint under Wis. Stats. § 345.11.

    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 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 county sheriff and approved by the town board. Deposits may be brought or mailed to the county clerk of courts within five days of the issuance of the citation in lieu of court appearance.

    (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 this article may discharge the penalty thereof and avoid court prosecution by mailing or forwarding within five days of the issuance of the citation to the town clerk-treasurer the minimum forfeiture specified for the violation. 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 within 15 days of the date of the citation, the county sheriff shall forward a copy of the citation to the town attorney for prosecution

    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 town 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.

    d.

    Bond. Any official 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. §§ 343.28, 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.

    a.

    The town shall 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 county sheriff is hereby designated as a delegated authority for purposes of Wis. Stats. § 345.28 and Wis. Admin. Code ch. Trans. 128. The county sheriff and/or town attorney are authorized to perform, on behalf of the town, 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 town will pay the state department of transportation for administration of the program; establishing the effective date for participation;

    4.

    And 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 county sheriff may recommend to the town board assigning a member of town government to perform such acts as are necessary to effectuate this subsection (c)(4).

    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 county sheriff 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 (c)(4) 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 town's participation in such program shall be in addition to any and all other means legally available to enforce such citations.

(Prior Code, § 10-1-51)