Municipal Code

Chapter 8. Traffic Code

Sec. 8-11. Enforcement.

(1) Enforcement procedure. This chapter shall be enforced according to § 66.0114(1)(a)—(c), chapter 800 and §§ 345.20—345.53, Wis. Stats.

(2) Deposit. Deposits shall be made in accordance with the following:

1. Any person arrested for a violation of this chapter may make a deposit of money as directed by the arresting officer at the police station or at the office of the clerk of court or by mailing the deposit to such places. The arresting officer or the person receiving the deposit shall comply with § 345.26Wis. Stats. or, if the deposit is mailed, the signed statement required under § 345.26 Wis. Stats. shall be mailed with the deposit. The arresting officer or the person receiving the deposit shall notify the arrested person, orally or in writing, that:
1. If he fails to appear in court at the time fixed in the citation, he will be deemed to have tendered a plea of no contest and submitted to a forfeiture plus costs not to exceed the amount of the deposit; or
2. If he fails to appear in court at the time fixed in the citation, and if the court does not accept the deposit as a forfeiture, he will be summoned into court to answer the complaint.
2. The amount of the deposit shall be determined in accordance with the deposit schedule established by the Wisconsin Judicial Conference and shall include the penalty assessment established under § 757.05(1) Wis. Stats. court costs. If a deposit schedule has not been established, the arresting officer shall require the alleged offender to deposit the forfeiture established by the chief of police, which shall include the penalty assessment established under § 757.05(1) Wis. Stats. Deposits for nonmoving violations shall not include the penalty assessment.
3. The arresting officer or the person receiving the deposit shall issue the arrested person a receipt therefor as required by § 345.26(3)(b) Wis. Stats.
4. Any accepted deposits or forfeited penalties by the police department shall be delivered to the finance director within 20 days after receipt.

(3) Stipulation of no contest. Any person charged with a violation of this chapter except §§ 8.346.62(1) and 8.346.63(1) Wis. Stats. may make a stipulation of no contest pursuant to § 800.03 Wis. Stats., which shall be received at the police station or the office of the clerk of court within ten days of the date of the alleged violation. Such person shall, at the time of entering into the stipulation, make the deposit required under subsection (2) of this section if he has not already done so.Aperson who has mailed or filed a stipulation under this subsection may, however, appear in court on the appearance date and may be relieved from the stipulation for cause shown as required in § 800.03 Wis. Stats.

(Code 1982, § 7.31)

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