Village of Balsam Lake, WI
Polk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Balsam Lake 11-5-1990 as Ch. 7 of the 1990 Code; amended in its entirety 4-3-2006 by Ord. No. 2006-2. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 221.
Abandoned or junked vehicles — See Ch. 247.

§ 286-1 State traffic laws adopted.

Except as otherwise specifically provided in this chapter, the statutory provisions in Chs. 340 to 348, Wis. Stats., and Ch. 350, Wis. Stats., with respect to snowmobiles, inclusive 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 adopted and by reference made a part of this chapter as if fully set forth herein. All adopted statutes shall include any updates as set forth by the state.

§ 286-2 Official traffic signs and signals.

A. 
The Village Board by its agent is hereby authorized and directed to procure, erect and maintain appropriate standard traffic signs, signals and markings conforming to the rules of the State Traffic Control Devices Manual giving such notice of the provisions of this chapter as required by state law. Signs shall be erected in such locations and manner as the Village Board shall determine will best effect the purposes of this chapter and give adequate warning to users of the street or highway.
B. 
The Village Board shall have the authority granted by § 349.09, Wis. Stats., to order the removal of a sign, signal, marking or device placed, maintained or displayed in violation of this chapter or § 346.41, Wis. Stats. Any charge imposed on premises for removal of such an illegal sign, signal or device shall be reported to the Village Board at its next regular meeting for review and certification.

§ 286-3 Speed limits.

A. 
Sections 346.57, 346.58 and 346.59, Wis. Stats., relating to the maximum and minimum speed of vehicles, are adopted by reference and made a part of this chapter, except as modified by Subsection B hereof.
B. 
The maximum speed on the following streets shall be as indicated below:
(1) 
Main Street (STH 46) from the south Village limits to Basil Street, 25 miles per hour.
(2) 
West Main Street (STH 46) from Basil Street to the west Village limits, 35 miles per hour.
(3) 
Pleasant Avenue and the extension thereof (180th Avenue) to the east Village limits, 25 miles per hour.
(4) 
Tilltag Drive, 15 miles per hour.
(5) 
County Trunk I from its intersection with Main Street (STH 46) 900 feet to the east, 25 miles per hour.

§ 286-4 Through streets.

The following streets are designated as arteries for through traffic:
A. 
CTH "I" and STH 46.
B. 
First Avenue East.
C. 
Main Street.
D. 
Mill Street.
E. 
Pearl Street.
F. 
Pleasant Avenue.

§ 286-5 Parking restrictions; abandoned vehicles.

[Amended 12-1-2008 by Ord. No. 2008-07; 1-5-2009 by Ord. No. 2009-02; 4-7-2014 by Ord. No. 2014-01; 6-2-2014 by Ord. No. 2014-04]
It is unlawful for any person to stop or park a motor vehicle in any manner on any public or private parking area contrary to a regulatory sign posted thereon.
A. 
State Highway 46.
(1) 
No person shall park, stop or leave standing any vehicle, whether attended or unattended, upon the roadway on the north side of STH 46/West Main Street for a distance of 240 feet to the east of the intersection with Idlewild Street at any time.
(2) 
No person shall park, stop or leave standing any vehicle, whether attended or unattended, upon the roadway on the south or west side to STH 46/Main Street from the intersection of Pearl Street and STH 46/Main Street to the intersection of STH 46/Main Street and the northernmost driveway of the service station presently located on Lots 1 through 9 of Block 23 in the Village at any time.
B. 
Parking, stopping or standing of vehicle prohibited.
(1) 
Old Courthouse Avenue. No person shall park, stop or leave standing any vehicle, whether attended or unattended, at any time upon the roadway on the south side of Old Courthouse for 120 feet starting at a point 190 feet from the east of Main Street.
(2) 
Park Drive. No person shall park, stop or leave standing any vehicle, whether attended or unattended, upon the roadway on the west side of Park Drive starting from the intersection of County Road I north to the intersection of Park Avenue.
[Added 6-1-2015 by Ord. No. 2015-03[1]]
[1]
Editor’s Note: This ordinance provided an effective date of June 4, 2015.
C. 
Winter parking. No motor vehicle, trailer, motor home/recreational vehicle or other vehicle shall be parked on any Village street between 3:00 a.m. and 7:30 a.m. from November 1 to April 15 while snow is falling or the Village Crew is engaged in snow cleanup, or be habitually parked. The Director of Public Works or Village Police Department shall have the authority to remove any vehicle parked in violation of this subsection to a place of storage and may charge the cost of towing and storage to the owner of such vehicle.
D. 
Parking during snow removal. No person shall park any vehicle on any street or public way from the time such area has been declared no parking due to snow removal. The Village Board hereby declares that an emergency exists during and following a snowstorm until the snow from the storm has been removed from curb to curb, on that street; therefore, this subsection shall be controlling over any other section that might in any way conflict.
E. 
Truck, trailer and recreational vehicle (RV) parking on streets. The parking of semitractors, semitrailers, and trailers that are not attached to a tow vehicle is prohibited on all streets and alleys in the Village.
(1) 
Motor homes and travel trailers attached to a tow vehicle may be parked on streets for a maximum of eight hours within a twenty-four-hour period.
(2) 
No person shall stop or leave standing any truck upon any street except when actually engaged in unloading, loading, rendering a service or in the case of an emergency. Loading or unloading shall not include picking up or dropping off personal property or performing personal errands.
F. 
Parking across lines denoting parking spaces. No person shall park or leave standing any motor vehicle and/or trailer across lines denoting parking spaces on any public parking area.
G. 
Abandoned vehicles. No person shall park or leave standing a motor vehicle longer than 48 hours on any street or in any public parking area.
H. 
Removal of illegally parked vehicles. The Village Police Department shall have the authority to remove any motor vehicle, truck, trailer, and/or RV in violation of the above parking restrictions to a place of storage and may charge the cost of towing and storage to the owner of such vehicle.
I. 
Unlawful removal of citation. No person shall remove or tamper with a legally placed parking citation upon a vehicle.
J. 
Violation and penalties; police authority.
(1) 
The penalty for violation of this section shall be on a municipal parking ticket as follows:
(a) 
First offense: $25, if paid within 10 days of violation.
[1] 
An additional $10 if not paid within 10 days of violation.
[2] 
An additional $20 if not paid within 28 days of violation.
[3] 
The addition of a traffic violation and registration program fee if sent to the nonmoving and registration program after 28 days.
(b) 
Second offense: $50, if paid within 10 days of violation.
[1] 
An additional $10 if not paid within 10 days of violation.
[2] 
An additional $20 if not paid within 28 days of violation.
[3] 
The addition of a traffic violation and registration program fee if sent to the nonmoving and registration program after 28 days
(c) 
Third offense: towing of vehicle.
(2) 
The Village police shall have the authority to remove and/or issue a parking ticket.
K. 
Nonmoving violation and registration program. Pursuant to the provisions of § 345.28(4), Wis. Stats., the Village elects to participate in the nonmoving traffic violation and registration program of the Wisconsin Department of Transportation and pay the costs established by the Department under § 85.13, Wis. Stats.; such costs shall, in turn, be assessed against persons charged with nonmoving traffic violations. The Village Attorney shall be responsible for complying with the requirements set forth in § 345.28(4), Wis. Stats.

§ 286-6 Disorderly conduct with a motor vehicle.

A. 
This section shall apply to all premises held out to the public for use of a motor vehicle, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof.
B. 
No person shall use a motor vehicle, motorcycle, moped, all-terrain vehicle (ATV) or snowmobile in any way that causes an immediate disturbance or annoys one or more persons or disturbs or endangers the property or safety of another's person or property, including but not limited to the following:
(1) 
Unnecessary acceleration or display of power that results in the excessive spinning of tires, the squealing of tires, leaving tire marks, the throwing of gravel or raising tires off the ground.
(2) 
"Spinning doughnuts," wherein the vehicle is driven rapidly in a tight radius.
(3) 
Exiting out of a parking area from other than designated driveways or over curbing.
(4) 
Speeding in excess of 15 miles per hour in a public parking area.
(5) 
Driving across parking stalls indicated by painted lines, except that this subsection shall not apply to entering and occupying a parking stall.

§ 286-7 Compression brakes.

No person shall use motor vehicle brakes within the Village limits which are in any way activated or operated by the compression of the engine of a motor vehicle, or any unit or part thereof, except in an emergency situation.

§ 286-8 Snowmobiles.

[Amended 4-13-2015 by Ord. No. 2015-01]
A. 
Except as otherwise specifically provided in this chapter, the statutory provisions in Ch. 350, Wis. Stats., with respect to the operation of snowmobiles, inclusive 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 adopted and by reference made a part of this chapter as if fully set forth herein. Pursuant to § 350.18(3)(a), Wis. Stats., and subject to this section, snowmobiles may travel, using the shortest available lawful route, between a residence or lodging establishment and a snowmobile route or snowmobile trail that is closest to that residence.
B. 
The Village Board designates certain streets as snowmobile routes within the Village limits as follows:
(1) 
From the east driveway of the Village park to Second Avenue West to Main Street, Second Avenue East from Main Street to Mill Street, and all of Mill Street.
(2) 
Alley west of Main Street from Second Avenue West north to West Main Street.
(3) 
Fourth Avenue East from the Mill Street to the East Village limits.
C. 
The maximum speed limit for snowmobiles within the Village is 10 miles per hour.
D. 
Operations authorized:
(1) 
Snowmobiles may travel, using the shortest available lawful route, between a residence or lodging establishment or other commercial business open to the public and a snowmobile route or snowmobile trail that is closest to that residence.
(2) 
Snowmobiles shall be operated on the extreme right side of the roadway and travel with the flow of traffic.
(3) 
Snowmobiles shall operate in a single file.
(4) 
Snowmobile operators shall yield the right-of-way to other vehicular traffic and pedestrians.
(5) 
Snowmobiles shall not be operated on State Road 46, County Road I, First Avenue East, Main Street and West Main Street, other than for the purpose of crossing the roadway in a direct manner.

§ 286-9 All-terrain vehicles.

[Amended 2-4-2008 by Ord. No. 2008-02]
A. 
State statutes adopted. The statutory provisions in the enumerated § 23.33, Wis. Stats., and the rules promulgated thereunder, describing and defining regulations with respect to all-terrain vehicles (ATVs), exclusive of any regulations for which the statutory penalty is fine or imprisonment, are adopted and by reference made part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by any regulation incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the statutory regulations under § 23.33, Wis. Stats., and the rules promulgated thereunder, are intended to be made a part of this chapter in order to secure, to the extent legally practicable, uniform statewide regulation of all-terrain vehicles.
B. 
ATV routes designated: west Village limits 180th Avenue East to STH 46 East to Pleasant Avenue, all of Pleasant Avenue, all of Eagle Drive and Mallard Lane, all of Basil Street, First Avenue West at Basil Street east to Tuttle Street south of Second Avenue West, all of Second Avenue West, all of Second Avenue East, all of Mill Street, all of Fourth Avenue East, all of the alley between Second Avenue West and First Avenue West, Courthouse Avenue to STH 46, Pearl Street between Second Avenue West and Third Avenue West, Third Avenue West to Old Main Street, all of Old Main Street. ATV’s shall not be operated on State Road 46, County Road I, First Avenue East, Main Street and West Main Street, other than for the purpose of crossing the roadway in a direct manner.
[Amended 5-3-2010 by Ord. No. 2010-05]
C. 
This section does not prohibit using the Village of Balsam Lake streets not designated by the Village Board to go from one location (home, business, etc.) to the designated route. The ATV route map is available at the Balsam Lake Village Hall.
[Amended 5-3-2010 by Ord. No. 2010-05]
D. 
Age of operation. No person shall operate an ATV on any streets or alleys in the Village unless that person operating the ATV is at least 16 years of age and is in possession of a valid driver's license. A valid identification card is not a substitute for a driver's license.
E. 
Speed limits. No person shall operate an ATV in excess of 10 miles per hour on any Village street, alley or designated public grounds.
F. 
Method of travel. Any person operating an ATV on any street or alley shall proceed in a single file, in the direction of regular traffic flow, on the extreme-right portion of the traveled roadway. Night operations require adequate headlights and taillights.
G. 
Prohibited use of ATVs. There shall be no operation of ATVs on any public grounds/parks not designated by the Village Board. There shall be no operation of ATVs on any private property without the prior permission of the owner.

§ 286-10 Bicycles, skateboards and other play vehicles.

A. 
No person shall operate a bicycle, skateboard, scooter, rollerblade/in-line skates or other foot-generated play vehicle upon any sidewalk within the Village. Such vehicles shall be walked or carried when on a sidewalk.
B. 
No person shall operate a skateboard or play vehicle upon any street or alley.
C. 
No person shall operate any bicycle, skateboard or play vehicle in such a way as to interfere with or obstruct traffic, in any dangerous manner or as to damage any property.
D. 
All bicycles operated during the hours of darkness shall have the proper lighting equipment and safety reflectors operational.

§ 286-10.1 Unauthorized operation of motor vehicles on public or private property.

[Added 3-3-2008 by Ord. No. 2008-03]
A. 
Purpose.
(1) 
The unauthorized off-road operation of motor vehicles has resulted in serious damage to public and private lands, including damage or destruction of vegetation, animal life and improvement to lands; and
(2) 
The unauthorized off-road operation of motor vehicles has resulted in the permanent scarring of land and an increase in both erosion and air pollution; and
(3) 
The unauthorized off-road operation of motor vehicles has resulted in collisions and near-collisions threatening the life and safety of the operators of such vehicles, as well as other persons; and
(4) 
The unauthorized off-road operation of motor vehicles has resulted in a loss of the privacy, quietude and serenity to which the owners and users of land are rightfully entitled,
B. 
Definitions. For the purpose of this section, the terms below shall be defined as follows:
MOTOR VEHICLE
Any vehicle which is self-propelled and shall include but not be limited to automobiles, trucks, jeeps, vans, motorcycles, motorbikes, go-carts, motorized three-wheeled vehicles, all-terrain vehicles, mopeds, snowmobiles, dune buggies and tractors. Motor vehicles shall not mean any airplane, railroad train, boat, wheelchair or bicycle. A vehicle which would otherwise be defined as a motor vehicle under this section shall not be so defined while:
(1) 
It is being operated solely for the purpose of construction or maintenance of or an improvement to land, or solely for access to construction or maintenance sites, provided such operation is by persons having legitimate business on such lands or sites;
(2) 
It is being operated by or at the direction of public employees or utility company employees as part of their employment duties;
(3) 
It is being operated by the holder of an easement or right-of-access on or over the land on which operation is occurring or by the holder's employees or agents.
OFF-ROAD
Any location which is:
(1) 
Not a paved or maintained public street or alley; or
(2) 
Not used or maintained by the owner or lessee of the land as a driveway, parking lot or other way for motor vehicles; or
(3) 
A private trail for use only by the owner or his permittees for recreational or other vehicular use. "Off-road" shall not include any creekbed, riverbed or lake; provided, however, that this section shall not apply to snowmobiles or other vehicles being operated on the ice covering such creekbed, riverbed or lake.
OPERATION
The physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion.
UNAUTHORIZED
Without the express prior consent of the owner, lessee, manager or other person authorized to give consent by the owner or lessee of the land. Authorization shall not be implied from a failure to post private or public land.
C. 
Unauthorized off-road operation prohibited.
(1) 
The unauthorized off-road operation of a motor vehicle is prohibited.
(2) 
Except for authorized maintenance vehicles and snowmobiles or all-terrain vehicles operating in areas authorized by the Village Board, it shall be unlawful to operate any minibike, go-cart, all-terrain vehicle or any other motor-driven craft or vehicle principally manufactured for off-highway use on the Village streets, alleys, parks, sidewalks, bikeways, parking lots or on any public lands or parking lots held open to the public. The operator shall at all times have the written consent of the owner before operating of such craft or vehicle on private lands.

§ 286-10.2 Minbikes and self-propelled vehicles.

[Added 3-3-2008 by Ord. No. 2008-04]
A. 
Definitions. For the purpose of this section, the terms below shall be defined as follows:
HIGHWAY
All public ways and thoroughfares and bridges on the same. It includes the entire highway right-of-way width, not limited to the actual traveled portion, but also includes the shoulders, ditches and other areas adjacent thereto.
MINIBIKE
Any motorized vehicle primarily used for transportation or sport, including, but not limited to, motorcycles, off-road trail bikes and motorized bicycles.
MOTORIZED VEHICLE
Any self-propelled device in, upon or by which any person or property is or may be transported.
SELF-PROPELLED VEHICLE
Any motorized vehicle primarily used for off-the-road use, including, but not limited to, go-carts, all-terrain vehicles and all other vehicles not registered pursuant to Chapter 341 of the Wisconsin Statutes, but not snowmobiles.
B. 
Operation of minibikes and self-propelled vehicles. No person shall operate a minibike or self-propelled vehicle in the Village in the following manner:
(1) 
At a rate of speed that is unreasonable or imprudent under the circumstances.
(2) 
In any careless way so as to endanger the person or property of another.
(3) 
While under the influence of intoxicating liquor, fermented malt beverages, narcotics or other controlled substances.
(4) 
Without a functioning muffler.
(5) 
Upon any public highway, street or alley, or upon any sidewalk or parkway in the Village, unless such vehicle is registered as required by Chapter 341 of the Wisconsin Statutes and its operation and operator are specifically permitted to operate the said vehicle by the Wisconsin Statutes.

§ 286-11 Violations and penalties.

A. 
General provisions. The penalty for violation of any provision of this chapter shall be a forfeiture as hereafter provided, together with costs under § 345.27, Wis. Stats., and a penalty assessment, where applicable, as required under § 757.05(1), Wis. Stats.
B. 
State forfeiture statutes. Any forfeiture for violations of § 286-1 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.
C. 
Local regulations. Except as otherwise provided in this chapter, the penalty for violation of this chapter shall be as provided in Chapter 1, § 1-4, of this Code.