§ 82-32. Penalties for violation of chapter.  


Latest version.
  • (a)

    Forfeiture penalty. The penalty for violation of any provision of this chapter shall be a forfeiture, as hereafter provided, together with court costs and fees prescribed by W.S.A., §§ 814.63(1)—(4) or 814.65(1), the penalty assessment for moving traffic violations and the drive improvement surcharge imposed by [W.S.A.,] § 346.655, where applicable. Payment of the judgment and applicable court costs, fees, assessments and surcharges may be suspended by the sentencing court for not more than 60 days. Any person 18 years of age or older who shall fail to pay the amount of the forfeiture, court costs, any penalty assessment or driver surcharge or other penalty imposed for the violation of any provision of this chapter, upon order of the court entering judgment therefor and having jurisdiction of the case, shall be imprisoned until such forfeiture, costs and assessment are paid, but not exceeding a length of 90 days.

    (b)

    Other sanctions. Other sanctions which may be imposed are as follows:

    (1)

    By court. Nothing in this section shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the state statutes to suspend or revoke the operating privileges of the defendant, order the defendant to submit to assessment and rehabilitation programs or to attend traffic safety school, in addition to payment of a monetary penalty or in lieu of imprisonment.

    (2)

    By municipality. No person who has been convicted of a violation of any provision of this chapter shall be issued a license or permit by the village clerk except a marriage, hunting, fishing or dog license, until the forfeiture imposed for such violation and any penalty assessment, court costs and fees or surcharge is paid.

    (c)

    Forfeitures for violation of moving traffic regulations. Forfeitures for violations of any moving traffic regulation set forth in the state statutes, adopted by reference in section 82-1 shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state statutes, including any variations or increases for subsequent offenses; provided, however, that this subsection shall not be construed to permit prosecution under this chapter for any offense described in W.S.A., chs. 341 to 348 for which an imprisonment penalty or fine may be imposed upon the defendant.

    (d)

    Forfeitures for parking violations. Forfeitures for parking violations are as follows:

    (1)

    Forfeitures for uniform statewide parking, stopping and standing offenses. Minimum and maximum forfeitures for violation of nonmoving traffic violations adopted by reference in section 82-1, as described in W.S.A., chs. 341 to 348, shall be as provided for the comparable state nonmoving traffic violation.

    (2)

    Overtime parking. The forfeiture for violations of the provision of sections 82-206 and 82-207 relating to limited time parking, shall be a fee as set forth in the most current village board bail bond resolution. Each hour during which a violation occurs or continues shall be considered a separate offense.

    (3)

    Penalty for other parking violations. The penalty for all other parking violations not included under subsections (a) or (b) of this section shall be a forfeiture as set forth in the most current village board bail bond resolution.

    (e)

    Other violations. Any person who shall violate any provision of this chapter for which a penalty is not otherwise established by this section shall be subject to a forfeiture as set forth in the most current village board bail bond resolution.

(Code 1966, § 4.36; Ord. No. 888, § I, 12-16-14)

State law reference

Classification of forfeitures generally, W.S.A., § 939.52.