§ 82-31. Enforcement of chapter.

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

(1)

Applicable court procedures. Except where otherwise specifically provided by the laws of the state or this chapter, the traffic regulations in this chapter shall be enforced in the municipal court of the village in accordance with the provisions of W.S.A., chs. 345 and 800.

(2)

Citations. The kinds of citations and the procedures governing citations are as follows:

a.

Uniform citation and complaint. The state uniform traffic citation and complaint described and defined in W.S.A., § 66.0113 shall be used for enforcement of all provisions of this chapter except those provisions which describe or define nonmoving traffic violations and violations of W.S.A., §§ 346.71 through 346.73. Violations of W.S.A., §§ 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 the written request of the district attorney.

b.

Parking 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 violations of nonmoving traffic regulations defined and described in the state statutes, adopted by reference in section 82-1, and all provisions of sections 82-178, 82-192, 82-193, 82-206 through 82-211, and 34-64 through 34-76. 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 (3)b of this section. Nonmoving traffic citations may be issued by law enforcement officers or by civilian employees of the village police department.

(3)

Deposits and stipulations.

a.

Moving traffic offenses. The following deposits and stipulations may be made:

1.

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.

2.

Delivery or mailing of deposit and stipulation. The deposit and stipulation shall be delivered personally by the person cited, mailed to the office of the village police department or the clerk of the municipal court, or any other village-approved payment method (i.e. online payments).

3.

Receipt required. The official or person receiving the deposit shall furnish and deliver or mail an original receipt for such deposit to the alleged violator, only upon request, and shall deliver the deposit and stipulation and copy of the receipt within 14 days to the clerk of the municipal court.

b.

Nonmoving traffic offenses. The following deposits and stipulations may be made:

1.

Direct payment of penalty permitted. Persons cited for violation of nonmoving traffic offenses described and defined in this chapter may discharge the penalty thereof and avoid court prosecution by forwarding to the village police department the minimum penalty specified for the violation no later than the date of the court appearance listed on the citation. When payment is made as provided in subsection (3)b.1 of this section, no court costs shall be charged.

2.

Court prosecution. If the alleged violator does not deliver or mail a deposit as provided in subsection (3)b.1 of this section within ten days of the date of the citation, the chief of police shall forward a copy of the citation to the village attorney for prosecution pursuant to law.

3.

Deposits returned to treasurer. Officers receiving deposits for nonmoving traffic violations under this subsection shall pay over such deposits to the village treasurer within two business days of their receipt. Such payment shall be accompanied by an itemized statement for each deposit of the offense charged and the name of the depositor.

(Code 1966, § 4.37; Ord. No. 888, § I, 12-16-14)