City of New Berlin, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of New Berlin 10-10-2000 by Ord. No. 2124 as Ch. 7 and Secs. 8.06, 8.065, 8.07, and 8.12 through 8.14 of the Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Drive-in theaters — See Ch. 152, § 152-7.
Taxicabs — See Ch. 152, § 152-13.
Storage of recreational equipment — See Ch. 210.
Abandoned and junked vehicles — See Ch. 258.

§ 261-1 State traffic laws adopted.

A. 
Except as otherwise specifically provided in this chapter, the statutory provisions of Chs. 340 to 348, Wis. Stats., describing and defining regulations with respect to vehicles and traffic, exclusive of any provisions therein relating to penalties to be imposed and exclusive of any regulations for which the statutory penalty is a fine or term of imprisonment, are hereby adopted and by reference made a part of this section as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this section. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this section in order to secure uniform statewide regulation of traffic on highways, streets and alleys of the State of Wisconsin.
B. 
The following sections of the Wisconsin Statutes, exclusive of any provisions therein relating to penalties to be imposed, and any future amendments, revisions or modifications thereof are hereby adopted and by reference made a part of this section as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this section.
[Amended 6-19-2001 by Ord. No. 2142]
110.075 Motor Vehicle Inspection
941.01 Negligent Operation of a Vehicle Off Highway
C. 
All citations issued for violations of this section shall include the numbered statutory section designation preceded by the prefix "261."

§ 261-2 Speed limits established.

No person shall drive a motor vehicle on the following highways in the City at a speed in excess of the following:
A. 
Twenty-five miles per hour.
(1) 
All roads in all subdivisions of the City where another limit is not specifically provided.
(2) 
Racine Avenue from a point 1,000 feet south of its intersection with National Avenue to a point 1,000 feet north of its intersection with National Avenue.
(3) 
Beres Road from CTH "HHH" to Calhoun Road.
(4) 
Observatory Road from its intersection with National Avenue west to Calhoun Road.
(5) 
Howard Avenue west of its intersection with Sunny Slope Road.
B. 
Thirty miles per hour.
(1) 
Small Road from Beloit Road to Moorland Road.
(2) 
Barton Road.
[Amended 6-13-2006 by Ord. No. 2319]
(3) 
Calhoun Road from Greenfield Avenue to Westward Drive.
C. 
Thirty-five miles per hour.
(1) 
Sunny Slope Road between West Greenfield Avenue and National Avenue, also known as CTH "ES."
(2) 
South 124th Street from Greenfield Avenue to Grange Avenue.
(3) 
Martin Drive, also known as CTH "HHH."
(4) 
Springdale Road between north corporate limit of the City and Cleveland Avenue, also known as CTH "D."
(5) 
Swartz Road between Coffee Road, also known as CTH "FF," and Lawnsdale Road, also known as CTH "I."
(6) 
Wehr Road from Cleveland Avenue, also known as CTH "D," to Coffee Road, also known as CTH "FF."
(7) 
Woelfel Road.
(8) 
Johnson Road.
(9) 
National Avenue, also known as Waukesha CTH "ES," from the east City limits west to Casper Drive.
(10) 
All roads in the City Industrial Park.
(11) 
Coffee Road, also known as CTH "FF," from the intersection with 159th Street east to its intersection with National Avenue, also known as CTH "ES."
(12) 
All roads in Moorland Industrial Park.
(13) 
STH 24, also known as Janesville Road, within the entire corporate limits of the City.
(14) 
Cold Spring Road.
(15) 
Howard Avenue from 124th Street west to its intersection with Sunnyslope Road.
(16) 
Grange Avenue.
(17) 
Johnson Road.
(18) 
Glengarry Road.
(19) 
[Repealed 6-13-2006 by Ord. No. 2319[1]]
[1]
Editor's Note: This ordinance repealed the entry for Barton Road from approximately 20700 to the west corporate limits of the City.
(20) 
Observatory Road from its intersection with Calhoun Road west to Racine Avenue.
(21) 
Cleveland Avenue from 124th Street to Calhoun Road.
(22) 
Lincoln Avenue from Calhoun Road west to Springdale Road.
(23) 
Small Road from Moorland Road to College Avenue.
D. 
Forty miles per hour.
(1) 
Beloit Road, also known as CTH "I," in the City from the east corporate limits of the City, westerly to a point 0.45 miles east of the intersection with National Avenue, also known as CTH "ES."
(2) 
Lawnsdale Road, also known as CTH "I," from its intersection with National Avenue, also known as STH 15, westerly to its intersection with Racine Avenue, also known as CTH "Y."
(3) 
Lawnsdale Road, also known as CTH "I," from its intersection with Racine Avenue, also known as CTH "Y," westerly to its intersection with Swartz Road.
(4) 
Calhoun Road from Westward Drive south to Small Road.
(5) 
Greenfield Avenue, also known as STH 59, from a point 50 feet west of the intersection with Davidson Road east to 124th Street.
(6) 
Moorland Road.
(7) 
Racine Avenue, also known as CTH "Y," from a point 1,000 feet south of its intersection with National Avenue, also known as CTH "ES," to College Avenue, also known as CTH "HH," and from a point 1/10 mile south of Shady Lane to the north corporate limits of the City.
(8) 
College Avenue, also known as CTH "HH," from Racine Avenue, also known as CTH "Y," to Small Road.
(9) 
Sunny Slope Road, between National Avenue, also known as CTH "ES," and College Avenue, also known as CTH "HH."
(10) 
National Avenue, also known as Waukesha CTH "ES," from Casper Drive west to Racine Avenue.
(11) 
Coffee Road, also known as CTH "FF," from its intersection with 159th Street west to its intersection with Racine Avenue.
(12) 
Moorland Road, from Westridge Drive (Southern) to the intersection of Grange Avenue, Small Road, and Moorland Road.
E. 
Forty-five miles per hour.
(1) 
National Avenue, also known as CTH "ES," from Racine Avenue to the west City limits.
F. 
Fifty miles per hour.
(1) 
Lawnsdale Road, also known as CTH "I," from the intersection with Swartz Road westerly to the west corporate limits of the City.
(2) 
Racine Avenue, also known as CTH "Y," from a point 1,000 feet north of its intersection with National Avenue, also known as CTH "ES," to a point 1/10 mile south of the intersection with Shady Lane.
(3) 
Greenfield Avenue, also known as STH 59, from the west City limits to a point 50 feet west of the intersection with Davidson Road.
(4) 
Moorland Road, from College Avenue to Westridge Drive (Southern).
G. 
School zones. The speed limit on City roadways while passing schoolhouses shall be ten miles per hour less than the otherwise posted speed limit on those same roadways immediately adjacent thereto.
[Added 10-22-2002 by Ord. No. 2190]

§ 261-3 Official traffic map.

Through streets, stop signs, yield right-of-way signs, one-way streets, streets where heavy traffic is prohibited and parking restrictions shall be shown on an official traffic map on file in the office of the Engineering Department, which map is adopted as part of this section. The Council or any other body authorized may from time to time make additions to or deletions from such traffic map.

§ 261-4 Parking restrictions.

A. 
Parking on residential streets restricted. No motor vehicle having a gross vehicle weight of 13,000 pounds or more, and no flatbed trailer, semitrailer, truck tractor, road machinery or tow trucks shall be parked on any residential street in the City. A residential street is any street in a recorded subdivision and any street where buildings used for residential purposes within any 1,000 feet along such street average no more than 200 feet apart, or where the residential buildings fronting on both sides of the street, considered collectively, average no more than 200 feet apart.
B. 
Parking prohibited on streets in industrial parks.
(1) 
No person shall park any motor vehicle on any City street within the New Berlin Industrial Park, Moorland Industrial Park, Westridge Business Park or Towne Corporate Park.
[Amended 10-23-2001 by Ord. No. 2157]
(2) 
Notwithstanding the provisions of Subsection B(1), the Police Department may grant construction workers permission to park on a temporary basis. The permit for such parking shall be for no longer than one week from the date of issuance. No fee shall be charged for issuance of a permit under this section.
C. 
Night parking. No person shall park any vehicle on any street in the City between 2:00 a.m. and 5:00 a.m. unless a permit is granted therefor as provided in Subsection C(1). Signs giving notice of this restriction shall be placed or erected at or near the corporate limits of the City on all state and county truck highways and connecting streets as defined in § 84.02(11), Wis. Stats. Such signs shall be reflectorized and of a type approved by the State Department of Transportation as to the size of lettering, shape and color.
(1) 
Permit for overnight parking. A permit may be issued by the Police Department to any owner or lessee of any motor vehicle to park such motor vehicle overnight upon a street or highway adjacent to the premises occupied by such owner or lessee as a residence where there is insufficient parking space upon such premises to provide parking space for such motor vehicle. Such permits shall be issued by the Police Department on a month-to-month basis, and the monthly parking fee shall be set by the Common Council and shall be paid to the Police Department at the time the permit is issued, and the parking fee shall be paid by the Police Department to the Director of Finance and Administration. The Police Department shall issue a monthly permit to the owner and/or lessee of such motor vehicle upon payment of such monthly parking fee, which permit shall be displayed at a conspicuous place within the motor vehicle so that it will be readily observable from the outside of the motor vehicle. No permit shall be issued by the Police Department for parking upon any street or highway when such parking would create a danger to other users of the street or highway. The parking privileges provided for by such parking permit shall be suspended during all periods of snow emergency as provided in § 261-11 of this chapter, at which time such motor vehicle shall be removed from the street or highway.
[Amended 7-23-2002 by Ord. No. 2180]
(2) 
Notwithstanding the provisions of Subsection C(1), the Police Department may grant permission for one-time temporary overnight parking not to exceed one forty-eight-hour period per month, without fee.
D. 
Temporary stops. Where parking is prohibited, a motor vehicle may be stopped temporarily to receive or discharge passengers or to load or unload, provided it is attended by a licensed operator.
E. 
Emergency parking regulation. In case of emergency, the Chief of Police may regulate and enforce temporary parking regulations to cover special conditions.
F. 
Prohibited parking on Cleveland Avenue. The parking of motor vehicles shall be prohibited on both sides of Cleveland Avenue commencing 200 feet east of the east property line of the high school property and extending 500 feet west of the west property line of the high school property in the City.
G. 
Prohibited parking on Calhoun Road. The parking of motor vehicles shall be prohibited on the west side of Calhoun Road from Roosevelt Avenue to Rogers Drive in the City.
H. 
Fees for moving and storage of vehicles. The Police Department may charge the owner or operator of a vehicle which is required to be moved or towed the reasonable expense incurred by such moving or towing. Further, if the vehicle is stored on City property, the Police Department may impose a storage fee as set by the Common Council per day upon the owner or operator.
I. 
Glen Park Road adjacent to Glen Park Elementary School. Wisconsin Statute § 346.52(2) allows for a city to enact an ordinance that would allow no parking signs which are otherwise provided for adjacent to school buildings to be changed.
[Added 6-13-2006 by Ord. No. 2313]
(1) 
The parking regulations in the City of New Berlin which currently state that there is no parking on Glen Park Road adjacent to Glen Park Elementary School shall be amended to provide that parking is not permitted between the hours of 7:30 a.m. and 3:15 p.m. during days when school is in session.
(2) 
The parking restrictions in the City of New Berlin shall further be amended to provide that no parking shall be permitted in the driveway on the south side of Glen Park Elementary School because said driveway is also a fire lane.

§ 261-5 Heavy traffic prohibited.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
HEAVY TRAFFIC
All vehicles not operating completely on pneumatic tires and all vehicles or combination of vehicles, other than motor buses, designed or used for transporting property of any nature and having a gross weight of more than 20,000 pounds.
B. 
Designated.
(1) 
Heavy traffic shall be prohibited on the following roads in the City:
[Amended 6-14-2005 by Ord. No. 2270; 6-28-2005 by Ord. No. 2277]
(a) 
Sunny Slope Road from Greenfield Avenue to Cleveland Avenue and from National Avenue to College Avenue.
(b) 
Wehr Road.
(c) 
Small Road between Beloit Road and Moorland Road.
(d) 
Small Road between College Avenue and Westridge Drive.
(e) 
Calhoun Road between National Avenue and Small Road.
(f) 
Coffee Road between Racine Avenue and Moorland Road.
[Added 10-29-2013 by Ord. No. 2512]
(g) 
Martin Road between College Avenue and National Avenue.
[Added 12-10-2012 by Ord. No. 2514]
(h) 
Schwartz Road between Racine Avenue and Coffee Road.
[Added 10-28-2014 by Ord. No. 2532]
(i) 
Johnson Road between Coffee Road and Cleveland Avenue.
[Added 10-28-2014 by Ord. No. 2532]
(2) 
This section shall not apply to heavy traffic using all or any portion of the roadways for the purpose of obtaining orders for supplies or moving or delivering supplies or commodities to or from any place of business or residence fronting on such streets.

§ 261-6 Heavy or injurious vehicles restricted.

[Amended 6-19-2001 by Ord. No. 2142; 7-23-2002 by Ord. No. 2180]
A. 
No machine having lugged wheels and weighing more than three tons shall be driven or operated upon or along any street, alley or public place in the City unless a permit therefor shall first be secured from the Director of Utilities and Streets Operations, which permit shall specify the route to be taken by such machine, and it shall be unlawful to deviate from such route.
B. 
The Director of Utilities and Streets Operations may require the removal from any machine of any flanges, cleats, or other removable parts which could damage the street, and also require, whenever in his judgment it is necessary, that planks or other sufficient protection for the streets be provided by the person driving or operating any such machine, and be placed by such person on the street, and the machine shall be run upon such planks or other protection when such requirement is made.

§ 261-7 Special street limitations.

A. 
The Director of Utilities and Streets Operations or his designee may impose special limitations upon any street within the City other than a federal or state highway or county highway if use of that street by trucks poses a substantial threat of harm or inconvenience to persons living adjacent to such street.
[Amended 6-19-2001 by Ord. No. 2142; 7-23-2002 by Ord. No. 2180]
B. 
Imposition of special limitations authorized by Subsection A shall be done by erecting signs on or along the street designated by the Director of Utilities and Streets Operations on which it is desired to impose the limitations sufficient to give reasonable notice that special truck limitations are in effect and the nature of those limitations.
[Amended 6-19-2001 by Ord. No. 2142; 7-23-2002 by Ord. No. 2180]
C. 
No person shall operate a truck in violation of the special limitation imposed herein on particular streets when signs have been erected as required in Subsection B.

§ 261-8 Temporary weight restrictions.

A. 
Weight limitations.
(1) 
The Director of Utilities and Streets Operations may limit the use of any City street, bridge or culvert, at any time, to motor vehicles having a gross vehicular weight, regardless of the number of axles, of not more than five tons. Such restrictions may be imposed by the Director of Utilities and Streets Operations when in his judgment any City street, bridge or culvert would be damaged or destroyed by use for motor vehicles having a gross weight in excess of the limitation herein provided because of weakness of the roadbed, bridge or culvert due to deterioration of climatic conditions or other special or temporary conditions.
[Amended 6-19-2001 by Ord. No. 2142; 7-23-2002 by Ord. No. 2180]
(2) 
Such temporary weight limitation shall be imposed by erecting signs on or along the City street on which it is desired to impose the limitation sufficient to give reasonable notice that a temporary weight limitation is in effect and the nature of that limitation. Any temporary weight limitation as provided herein with reference to any bridge or culvert shall be imposed by erecting similar signs within 100 feet of each end of the bridge or culvert to which the weight limitation applies. All such temporary weight limitation signs shall comply with the rules of the State Department of Transportation.
B. 
Special permit. The Director of Utilities and Streets Operations may grant a special permit to the owner or operator of any motor vehicle having a gross weight in excess of the weight limitation herein imposed to operate such motor vehicle on any City street while the weight limitation is in effect, if in his judgment an emergency condition exists which requires the use of such motor vehicle, and if the use of such motor vehicle would not damage the City street on account of weather and street conditions at the time the permit is applied for. If such permit is issued it shall be limited to the vehicle or vehicles described thereon and such permit shall name the street or streets upon which the vehicle or vehicles may travel, the gross vehicular weight allowed and the time that such permit shall be in effect. Applications for such permits shall be made to the Director of Utilities and Streets Operations.
[Amended 6-19-2001 by Ord. No. 2142; 7-23-2002 by Ord. No. 2180]

§ 261-9 Shortcut through business property.

It shall be unlawful for any person to operate or drive any vehicle upon any street or highway of the City at any intersection where a gasoline filling station or other business property is located, so as to cause such vehicle to cut the corners of such intersection by passing over the parking lot or driveway used in the operation of such filling station or other business property, thereby avoiding traveling through such intersection over the usual lanes of traffic.

§ 261-10 Emergency vehicle only access lanes.

A. 
No person shall park or operate any vehicle on a street, alley, lane or way which is designated as an "emergency vehicle only access" way.
B. 
This section shall not apply to emergency vehicles operating in the course of an emergency or to authorized vehicles performing maintenance on or within the area posted as "emergency vehicle only access lanes."
C. 
The Board of Public Works shall erect and maintain appropriate standard traffic signs giving notice of the provisions of this section.

§ 261-11 Snow emergencies.

A. 
Declaration of emergency. The Mayor, President of the Council or Director of Utilities and Streets Operations shall declare a snow emergency during the period of a severe snow storm, or immediately thereafter, whenever traffic becomes congested by reason of said snowfall, and the operation of emergency vehicles, including snow removal equipment and machinery, is impeded.
[Amended 6-19-2001 by Ord. No. 2142; 7-23-2002 by Ord. No. 2180]
B. 
Duration of emergency. Such emergency shall exist so long as traffic remains congested, and the operation of emergency vehicles is impeded, or likely to be impeded, by the falling of snow and the congestion of traffic upon the streets, alleys or public parking lots of the City.
C. 
Notice of emergency. The Mayor, or other authorized officials, may proclaim the state of emergency through the press, radio or other public means of communication, and may designate and authorize police officers and snow removal personnel to inform the citizenry of the existence of the emergency.
D. 
Parking prohibited during emergency. No person shall park any vehicle on a street, alley or public parking lot during the period of a snow emergency, or immediately thereafter, until such street, alley or public parking lot has been cleared of snow.
E. 
Removal of vehicles. The Director of Utilities and Streets Operations, or any of his employees under his supervision and direction, may remove any vehicle which may interfere with the operation of any snow removal equipment or any emergency vehicle. The Director of Utilities and Streets Operations may charge the cost of removing such vehicle to the owner or the operator thereof. Said Director of Streets, Parks and Recreation may cause removal to be made either by his own department with City help or may contract for such removal with any garage man, service man, person, firm or corporation.
[Amended 6-19-2001 by Ord. No. 2142; 7-23-2002 by Ord. No. 2180]
F. 
Deposit of snow on streets prohibited. No person shall place snow upon any public street, after the same has been cleared of snow, in such a manner as to obstruct or interfere with the free movement of traffic upon said street, or interfere with or obstruct the use of any parking space provided upon the streets.

§ 261-12 Official traffic signs and signals.

The Board of Public Works shall erect and maintain appropriate standard traffic signs, signals and markings conforming to the rules of the State Department of Transportation, giving notice of the provisions of §§ 261-2, 261-3 and 261-4 of this chapter.

§ 261-13 Regulation of snowmobiles.

A. 
State snowmobile laws adopted. Except as otherwise specifically provided in this chapter, the statutory provisions in Ch. 350, Wis. Stats., describing and defining regulations with respect to snowmobiles, exclusive of any provisions therein relating to penalties to be imposed and exclusive of any regulations for which the statutory penalty is a fine or term of imprisonment, are hereby adopted and by reference made a part of this section as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this section. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this chapter in order to secure uniform statewide regulation of snowmobiles within the State of Wisconsin.
B. 
Applicability of rules of the road to snowmobiles.
(1) 
The operator of a snowmobile upon a roadway shall, in addition to the provisions of Ch. 350, be subject to §§ 346.04, 346.06, 346.11, 346.14(1), 346.18, 346.19, 346.20, 346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50(1)(b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92(1) and 346.94(1) and (9). Any future amendment, revision or modification of the above enumerated statutes are intended to be made a part of this section and are hereby incorporated by reference.
[Amended 6-19-2001 by Ord. No. 2142]
(2) 
All citations issued for violations of this section shall include the numerical statutory section designation preceded by the prefix "261."
C. 
Permitting operation by improper persons prohibited. No owner or person having charge or control of a snowmobile shall authorize or permit any person to operate such snowmobile who is not permitted under state law to operate such snowmobile or who is under the influence of an intoxicant or a dangerous or narcotic drug.
D. 
Operation while under influence prohibited. Section 346.63, Wis. Stats., and any future amendment, revision or modification thereof, is hereby adopted and incorporated by reference and shall apply to the operation of a snowmobile at any place within the City.
E. 
Written consent of owner required. The consent required under § 350.10(1)(f), (k), (l) and (m), Wis. Stats., shall be written consent dated and limited to the year in which the consent is given. If the property is owned or leased by more than one person, the consent of each must be obtained.
F. 
Operation in parks prohibited. No person shall operate a snowmobile within any City park.

§ 261-14 Violations and penalties.

The penalty for violation of any provision of this chapter shall be a forfeiture and penalty assessment if required by § 757.05(1), Wis. Stats., a jail assessment if required by § 302.46(1), Wis. Stats., plus any applicable fees prescribed in Ch. 814, Wis. Stats.
A. 
State forfeiture statutes. Except as provided in § 261-15, forfeitures for violation of §§ 340.01 to 348.28, Wis. Stats., shall conform to the forfeiture permitted to be imposed for violation of the statutes adopted by reference, including any variations or increases for subsequent offenses.
B. 
State fine statutes. The forfeiture for violation of any statute adopted by reference hereunder for which the penalty is a fine shall not exceed the maximum fine permitted under such statute.
C. 
Local regulations. The penalty for violation of this chapter shall be as provided in Chapter 1, General Provisions, § 1-18 of this Code, except as provided in § 261-15.
[Amended 6-19-2001 by Ord. No. 2142]

§ 261-15 Enforcement of parking violations.

[Amended 7-23-2002 by Ord. No. 2180; 5-27-2003 by Ord. No. 2203]
A. 
Penalties. Any person who shall violate any parking provision in this chapter shall pay $10 if paid within 72 hours after the violation occurred.
B. 
Receipts for violations. All payments under Subsection A above shall be made to the Municipal Court. The Municipal Court shall deliver a receipt to each person paying a forfeiture for a parking violation under Subsection A above, and such payment shall be recorded on the cash register tape of the Municipal Court. The Municipal Court shall retain all parking ticket stubs for a period of one year. The Municipal Court shall remit all monies collected to the Director of Finance and Utilities at least once a month and obtain a receipt from the director of Finance and Utilities for all monies paid to him.
C. 
Statutes and rules adopted. The procedure provided for in §§ 345.28 and 345.34 to 345.47, Wis. Stats., and Department of Transportation Rules §§ 128.03 to 128.12, Wis. Adm. Code, inclusive, are hereby specifically adopted and shall be followed in actions to recover forfeitures for nonmoving traffic violations, as defined in Subsection A above.
D. 
Costs assessed. The City Police Department shall have the authority to determine the administrative costs of enforcement in collection of forfeitures for nonmoving traffic violations under this section, from time to time as may be necessary to adjust the same, and shall keep the Municipal Court informed of the same, which Court shall assess the same against violators, and cause such to be collected along with stipulations, but in no event shall such costs be less than the following:
(1) 
After three days: $25.
(2) 
After the citation has been referred to the Department of Transportation for a suspension of registration, as permitted by Subsection C above: $40.

§ 261-16 General enforcement procedures.

A. 
Procedure. This chapter shall be enforced according to §§ 23.33, 66.0114, 345.11 to 345.61, 350.17 and Ch. 799, Wis. Stats.
B. 
Deposit.
(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 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 notify the arrested person, orally or in writing, that:
(a) 
If the person makes a deposit for a violation of a traffic regulation, the person need not appear in court at the time fixed in the citation and the person will be deemed to have tendered plea of no contest and submitted to a forfeiture and penalty assessment if required by § 757.05(1), Wis. Stats., a jail assessment if required by § 302.46(1), Wis. Stats., plus any applicable fees prescribed in Ch. 814, Wis. Stats., not to exceed the amount of the deposit that the court may accept as provided in § 345.37, Wis. Stats.
(b) 
If the person fails to make a deposit for a violation of a traffic regulation or appear in court at the time fixed in the citation, the court may enter a default judgment finding the person guilty of the offense or issue a warrant for his arrest.
(2) 
The amount of the deposit shall be determined in accordance with the State of Wisconsin Revised Uniform State Traffic Deposit Schedule established by the Wisconsin Judicial Conference and shall include the penalty assessment established under § 757.05(1), Wis. Stats., a jail assessment if required by § 302.46(1), Wis. Stats., and court costs. If a deposit schedule has not been established, the arresting officer shall require the alleged offender to deposit not less than the maximum forfeiture permitted under this chapter, 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.
C. 
Petition to reopen judgment. Whenever a person has been convicted in this state on the basis of a forfeiture of deposit or a plea of guilty or no contest and the person was not informed as required under § 345.27(1) and (2), Wis. Stats., the person may, within 60 days after being notified of the revocation or suspension of the operating privilege, petition the court to reopen the judgment and grant him an opportunity to defend on merits. If the court finds that the petitioner was not informed as required under § 345.27(1) and (2), the court shall order the judgment reopened. The court order reopening the judgment automatically reinstates the revoked or suspended operating privilege.

§ 261-17 Operation of off-road motor vehicles regulated.

[Amended 6-22-2004 by Ord. No. 2238; 1-13-2009 by Ord. No. 2393]
A. 
No person shall operate a motor- or power-driven vehicle including, but not limited to, motorcycles, minibikes, go-carts or other power-driven vehicles off public streets or highways under the following circumstances. Notwithstanding the foregoing, this section shall not apply to the operation of all-terrain vehicles as that term is defined in § 340.01(2g) of the Wisconsin Statutes.
(1) 
On the property of another without their written consent.
(2) 
Between the hours of 9:00 p.m. and 8:00 a.m.
(3) 
Within 400 feet of a structure used for human habitation.
(4) 
In the public right-of-way, including the shoulders or drainage ditches of public streets and highways in excess of 10 mph.
(5) 
With more than one passenger.
(6) 
Without protective headgear.
(7) 
By a person who is under 12 years of age.
(8) 
In a City park, except where designated by the Parks, Buildings and Grounds Commission.
(9) 
On any trails or paths where notice prohibiting the operation of a motor- or power-driven vehicle has been posted.
(10) 
Where the operation of a vehicle causes substantial interference to neighboring property owners of the use and enjoyment of their premises. For purposes of this section, "substantial interference" means interference which is more than a slight inconvenience or petty annoyance. For purposes of determining whether the interference is substantial, the frequency of the activity, the failure of the operator to reasonably accommodate the objections of neighbors once those have been communicated to the operator, and whether ordinary persons living in the City of New Berlin would regard the interference as offensive, annoying or intolerable as determined based on the general standards of ordinary persons in the community and not based on the standards of persons who are more sensitive than ordinary persons to such activity shall all be considered.
B. 
The parent, parents or guardian having legal custody of an unemancipated minor child shall be liable for penalties and costs imposed for violations of this section, where such minor is unable to pay the same, including the jail sentence imposed for nonpayment thereof.
C. 
Any person who violates the provisions of this section shall be subject to the penalty provided in Chapter 1, General Provisions, § 1-18 of this Code. In the event that a person is convicted more than two times for violating this section during the course of 12 months, the applicable forfeiture shall double for any subsequent violations.

§ 261-18 Adoption of state standards for motor vehicle equipment.

Transportation Code Chapters 100 to 400 and any future amendments or revisions of the rules of the State Department of Transportation, Division of Motor Vehicles, Wisconsin Administrative Code, are adopted by reference as part of this chapter as though fully set forth herein.

§ 261-19 Adoption of statute regulating all-terrain vehicles.

Section 23.33, Wis. Stats., as amended from time to time, is adopted by reference as though fully set forth in this Code of Ordinances.

§ 261-20 Littering and debris from vehicles prohibited.

No operator of any vehicle shall permit to be thrown or deposited therefrom any type of debris or waste material. This section shall prohibit the deposit upon the streets, alleys or sidewalks of mud, gravel or dirt from the wheels or tires of the vehicle.

§ 261-21 Spilling debris from waste vehicles prohibited.

No operator of any vehicle transporting waste or foreign matter shall permit such to be spilled on or along any street, alley or sidewalk.

§ 261-22 Vehicular traffic over drainage ditches and street curbs prohibited.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
MOTOR VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a public street, including but not limited to passenger motor vehicles, motor trucks, tractors, earth-moving equipment and any other type of motor-driven vehicles.
B. 
No person shall operate any motor vehicle over, along or into any drainage ditch adjacent to any public street nor over a street curb except over an established driveway constructed in accordance with Chapter 230, Streets and Sidewalks, § 230-3 of the New Berlin Code, except that a contractor may drive through a drainage ditch if this is necessary for the repair of an existing well or private sewage disposal system, or for the installation of sanitary sewer or water laterals. In such event the contractor having the plumbing permit for such work shall be responsible for the repair of the ditch and road surface. This repair must be made to the satisfaction of the Street Superintendent within 30 days after the work is completed. Until such satisfactory repairs are made, the Plumbing Inspector shall not issue any further plumbing permits to the contractor involved.