§ 26-24. Enforcement.
(a)
Enforcement procedures. This chapter shall be enforced in accordance with the applicable provisions of the state statutes and this section.
(b)
Citations. The types of citation shall be as follows:
(1)
All violations except nonmoving violations; uniform traffic citation and complaint. The Wisconsin Uniform Traffic Citation and Complaint described and defined in the state statutes shall be used for enforcement of all provisions of this chapter 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)
Nonmoving traffic violation citations. The chief of police shall recommend a citation for use in enforcing the nonmoving traffic offenses in this chapter. When approved by the village board, such citation shall be used for enforcement of nonmoving traffic regulations created or adopted by this chapter, including violation of nonmoving traffic regulations defined and described in the state statutes, adopted by reference in section 26-1, 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. Deposits and stipulations shall be as follows:
(1)
Moving traffic offenses. The procedure for moving traffic offenses is as follows:
a.
Stipulations of guilt or no contest. 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 in accordance with Wis. Stats. § 66.0114(1)(b) 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 clerk of circuit court and by the village police department.
b.
Delivery or mailing of deposit for stipulations. 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 within five days of the issuance of the citation in lieu of court appearance to the office of the police department or clerk of circuit court as directed by the arresting officer.
c.
Statement of notice to be signed; receipt recipients. Every officer accepting a stipulation under the provisions of this chapter 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. 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 clerk of circuit court.
(2)
Nonmoving traffic offenses. The procedure for nonmoving traffic offenses is as follows.
a.
Direct payment of penalty permitted. Persons cited (summons not issued) for violation of nonmoving traffic offenses described and defined in this chapter may discharge the penalty thereof and avoid court prosecution by mailing or forwarding within five days of the issuance of the citation to the Trempealeau County Clerk of Courts the minimum penalty 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 $15.00. 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 within 15 days of the date of the citation, the chief of 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 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), which is hereby adopted by reference.
d.
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.
e.
Bond. Any officer accepting deposits or forfeited penalties under this article shall deliver them to the clerk of circuit court within 20 days after receipt. 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.
(Code 1984, § 8-1-25)