[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.]
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
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941.01 Negligent Operation of a Vehicle Off
Highway
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C.
All citations issued for violations of this section
shall include the numbered statutory section designation preceded
by the prefix "261."
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.
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.
(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]
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.
[Amended 10-23-2001 by Ord. No. 2157; 7-23-2002 by Ord. No. 2180; 6-13-2006 by Ord. No. 2313; 7-24-2018 by Ord. No. 2608]
A.
Vehicles parked on City streets shall be licensed, roadworthy, maintained
and in good condition.
B.
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, recreational vehicles
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.
C.
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.
(2)
Notwithstanding the provisions of Subsection C(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.
D.
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 D(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.
[Amended 1-25-2022 by Ord. No. 2656]
(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. Overnight parking permit fees shall not be prorated and are not refundable. Overnight parking permits are not transferable in any manner. 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 receipt for the overnight parking permit in lieu of a physical permit to the owner and/or lessee of such motor vehicle upon payment of such overnight parking permit fee. The Police Department shall electronically record the permittee's contact information, vehicle description, vehicle registration plate number, and the duration for which the permit is valid in the Department's records management system. 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.
E.
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.
F.
Parking restriction by order of the Chief of Police.
[Amended 6-27-2023 by Ord. No. 2674]
(1)
In
case of emergency, the Chief of Police may regulate and enforce temporary
parking regulations to cover special conditions. In addition, in order
to protect the general public health, safety and welfare, the restriction
of parking on public rights-of-way may be necessary for a limited
period of time. The Chief of Police shall have the authority to restrict
parking on public rights-of-way when necessary to protect public health,
welfare and safety or to allow for construction or other activities
which may be necessary for limited periods of time. Said parking restrictions
shall be allowed for up to 30 days and may be extended thereafter
by action of the Common Council. The Chief of Police shall provide
notice to the Common Council of any orders issued under this subsection.
(2)
Parking
and pedestrian traffic may be restricted by order of the Chief of
Police on the public safety building property, where necessary and
appropriate for security of the site, and to protect public health,
welfare and safety. The Chief of Police may designate areas of the
public safety building site for parking only to authorized individuals
and may also restrict those areas of the public safety building site
where pedestrians are prohibited from entering.
G.
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.
H.
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.
I.
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.
J.
Glen Park Road adjacent to Heritage Christian 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.
(1)
The parking regulations in the City of New Berlin which currently
state that there is no parking on Glen Park Road adjacent to Heritage
Christian 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 Heritage Christian School because said driveway
is also a fire lane.
A.
HEAVY TRAFFIC
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
[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.
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]
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]
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.
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.
[Amended 6-19-2001 by Ord. No. 2142; 7-23-2002 by Ord. No. 2180; 3-12-2019 by Ord. No. 2616]
A.
Declaration of emergency. The Mayor and/or his/her designee or the
Council President and/or his/her designee may declare a snow emergency
during the period of a severe snowstorm, 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. The declaration of emergency shall be disseminated
through the City Clerk.
B.
Duration of emergency. Such emergency shall exist for the declared
term and/or until the snow emergency is rescinded.
C.
Parking prohibited during emergency. During a snow emergency, no
person shall park any vehicle on a street or alley. Public parking
lots may only be used during normal business hours.
D.
Removal of vehicles. The Streets Department Manager and/or his/her
designee may request assistance from the Police Department with the
removal of any vehicle which may interfere with the operation of any
snow removal equipment or any emergency vehicle in the sole discretion
of the City. The removal will be accomplished by a private contractor.
The costs incurred as a result of the towing and storage of a vehicle
are the sole responsibility of the vehicle owner.
E.
Deposit of snow on streets prohibited. No person shall place snow
upon any public street 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.
No person shall plow snow across a street and deposit snow from their
property onto a neighboring property of the public ditch fronting
a neighboring property.
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.
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.
[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:
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.
[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.
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.
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.
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.
No operator of any vehicle transporting waste
or foreign matter shall permit such to be spilled on or along any
street, alley or sidewalk.
A.
MOTOR VEHICLE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.