345.28 Nonmoving violations.

1,661 words·~8 min read·/wi/chapter-345/345-28-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)As used in this section:

(a)“Authority” means a local authority, a state agency, any campus of the University of Wisconsin System or any technical college district.

(b)“Forfeiture” includes a fine established under s. 36.11

(8)or 38.14

(13).

(c)“Nonmoving traffic violation” is any parking of a vehicle in violation of a statute, an ordinance, a rule under s. 36.11

(8)or a resolution under s. 38.14

(13).

(a)A person charged with a nonmoving traffic violation may mail the amount of the forfeiture to any of the places specified in s. 345.26

(1)or to a violations bureau, or to the city, town or county clerk or treasurer if the traffic citation so provides. In that case, the citation shall not be filed with or transmitted to court.

(b)If the person appears in response to a citation for a nonmoving traffic violation, the procedures under ss. 345.34 to 345.47 apply, except as provided in par.

(c).

(c)Subject to par.

(d), if the appearance date specified in the citation is inconvenient for the person, he or she may contact the clerk of circuit court or the municipal court, whichever is applicable, to schedule a more convenient time. The revised date may provide for an appearance during an evening session, as required under s. 753.23 or authorized by a court. Subject to par.

(d), the court may revise the appearance date. The date specified in the citation applies unless the person receives written confirmation of the revised appearance date from the court.

(d)A city of the 1st class may enact an ordinance establishing the period within which a person charged with a nonmoving violation shall pay the forfeiture or appear in court. An ordinance under this paragraph shall require that a citation issued for a nonmoving violation include the date on which the court may act under s. 345.37 unless the person has paid the forfeiture or appeared in court prior to that date.

(a)If the person 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 in the citation, within 28 days after the citation is issued, the authority that issued the citation may issue a summons under s. 968.04

(b)to the person and, in lieu of or in addition to issuing the summons, may proceed under sub.

(4)or

(5)but, except as provided in this section, no warrant may be issued for the person. If the person does not pay towing and storage charges associated with a citation for a nonmoving traffic violation, the authority that issued the citation may proceed under sub.

(4).

(b)If the person appears in response to a summons for a nonmoving traffic violation, the procedures under ss. 345.34 to 345.47 apply.

1. If the person 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 in the citation, within 28 days after the citation is issued, the authority may notify the department in the form and manner prescribed by the department that a citation has been issued to the person and the citation remains unpaid.

1m. If the person does not pay the outstanding towing and storage charges associated with a nonmoving traffic violation, the authority may notify the department in the form and manner prescribed by the department that towing and storage charges remain unpaid. Outstanding storage charges under this subdivision may not exceed 20 days of such storage.

2. The authority shall specify whether the department is to suspend the registration of the vehicle involved under s. 341.63

(c)or refuse registration of any vehicle owned by the person under s. 341.10

(7m)or both.

1. The notice to the department under par.

(a)1. shall include the name and last-known address of the person against whom the citation was issued, the date the citation was issued, the license number of the vehicle involved, certification that 2 notices which meet the requirements under par.

(d)have been mailed to the last-known address of the person against whom the citation was issued and that the citation remains unpaid on the date specified in the citation or, if no date is specified in the citation, 28 days after the citation was issued, the place that the citation may be paid, the means by which the citation may be contested and the action the department is to take.

2. The notice to the department under par.

(a)1m. shall include the name and last-known address of the person against whom the outstanding towing and storage charges apply, the license number of the vehicle involved, certification that 2 notices which meet the requirements under par.

(c)2. have been mailed to the last-known address of the person against whom the towing and storage charges apply and that the towing and storage charges remain unpaid, the amount of the outstanding towing and storage charges, the place where the towing and storage charges may be paid, and the action that the department is to take.

1. The notices to the person required under par.

(b)1. shall be mailed on 2 separate days to the last-known address of the person to whom the citation was issued and shall include the date the citation was issued, the license number of the vehicle involved, the place the citation may be paid, the means by which the citation may be contested and the date by which the person must pay or contest the citation to avoid further action by the authority. The notice shall inform the person of the specific actions which the authority and the courts are authorized to take under this section if the person fails to pay the forfeiture or appear in court in response to the citation by the date specified in the notice.

2. The notices to the person required under par.

(b)2. shall be mailed on 2 separate days to the last-known address of the person to whom the outstanding towing and storage charges apply and shall include the license number of the vehicle involved, the place where the towing and storage charges may be paid, and the date by which the person must pay the towing and storage charges to avoid further action by the authority. The notice shall inform the person of the specific actions that the authority and the courts are authorized to take under this section if the person fails to pay the towing and storage charges by the date specified in the notice. A notice under this subdivision may be included in a notice mailed to a person under subd. 1. with respect to the nonmoving traffic violation associated with the towing and storage charges.

(d)The authority may assess the person for the cost of using the traffic violation and registration program as established by the department under s. 85.13 .

1. If the person subsequently pays the amount of the forfeiture and the costs, if any, under par.

(d)or appears in court in response to the citation or a notice by the authority who issued the citation or the department, the department shall be immediately notified in the form and manner prescribed by the department. If the vehicle involved in the nonmoving traffic violation is owned by a person engaged in the business of renting or leasing motor vehicles and the owner pays the costs, if any, under par.

(d)and the forfeiture or, if applicable, the amount required under sub.

(b), the authority shall immediately notify the department in the form and manner prescribed by the department.

2. If the person subsequently pays the amount of the outstanding towing and storage charges specified in the notice to the department under par.

(a)1m. and the costs, if any, under par.

(d), the department shall be immediately notified in the form and manner prescribed by the department. If the vehicle to which the towing and storage charges apply is owned by a person engaged in the business of renting or leasing motor vehicles and the owner pays the costs, if any, under par.

(d)and the amount of the outstanding towing and storage charges specified in the notice to the department under par.

(a)1m. or, if applicable, the amount required under sub.

(b), the authority shall immediately notify the department in the form and manner prescribed by the department.

(f)Upon the person’s appearance in court in response to a notice by the authority who issued the citation or the department, the procedures under ss. 345.34 to 345.47 apply.

1. If an authority receives payment of a forfeiture or, if applicable, the amount required under sub.

(b), from the owner of a leased or rented vehicle involved in a nonmoving traffic violation and receives payment of the forfeiture from the lessee or renter of the vehicle charged with the violation, the authority shall refund to the owner the payment received from the owner.

2. If an authority receives payment of the amount of the outstanding towing and storage charges specified in the notice to the department under par.

(a)1m. or, if applicable, the amount required under sub.

(b), from the owner of a leased or rented vehicle to which the towing and storage charges apply and receives payment of the amount of the outstanding towing and storage charges specified in the notice to the department under par.

(a)1m. from the lessee or renter of the vehicle to which the towing and storage charges apply, the authority shall refund to the owner the payment received from the owner.