§ 74-3. Penalties for violation of chapter.  


Latest version.
  • (a)

    Forfeiture penalty. Except as otherwise provided, the penalty for violation of any provision of this chapter shall be a forfeiture, together with court costs and fees prescribed by Wis. Stats. §§ 814.63(1) and (2) or 814.65(1), the penalty assessment for moving traffic violations and the driver improvement surcharge imposed by Wis. Stats. §§ 165.87 and 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 violation of any provision of this chapter may, upon order of the court entering judgment therefor and having jurisdiction of the case, be imprisoned until such forfeiture, costs and assessment are paid, but not exceeding 90 days.

    (b)

    Other sanctions.

    (1)

    By court. Nothing in this section shall preclude or affect the power of the sentencing court to exercise additional authorities granted by statute 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 or imprisonment.

    (2)

    By city. No person who has been convicted of a violation of any provision of this chapter shall be issued a license or permit by the city, except a 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 uniform moving traffic regulations. Forfeitures for violations of any moving traffic regulation set forth in the statutes adopted by reference in section 74-1 shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable statute, 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 Wis. Stats. chs. 341—349, for which an imprisonment penalty or fine may be imposed upon the defendant.

    (d)

    Forfeitures for parking violations.

    (1)

    Forfeitures for uniform statewide parking, stopping and standing offenses. Minimum and maximum forfeiture for violation of nonmoving traffic violations adopted by reference in section 74-1, as described in Wis. Stats. chs. 341—349, shall be as found in the current edition of the Revised Uniform State Traffic Deposit Schedule, as from time to time in effect after adoption by the Wisconsin Judicial Conference.

    (2)

    Penalty for other parking violations. The penalty for all other parking violations not included under subsection (d)(1) of this section shall be a forfeiture of $10.00 for the first offense, $20.00 for the second offense, and $30.00 for the third offense in a year. Parking in handicapped zone violations shall be $75.00. In addition, vehicles parked in violation of parking regulations may be towed away at the owner's expense if, in the discretion of the chief of police, the removal of such vehicle is required for the orderly removal of snow by city crews.

    (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 of not less than $5.00 or more than $200.00 for the first offense, and not less than $10.00 or more than $400.00 for the second offense within two years.

(Code 1994, § 10-1-50)