A.
Forty-eight-hour limitation. No person, firm or corporation
shall park or leave standing any automobile, truck, tractor, trailer
or vehicle of any description on any public streets or public parking
lots in the Village of Theresa for a period of 48 or more consecutive
hours in the same location at any time, except that where more restrictive
parking limits have been established, the more restrictive limits
shall apply. When any law enforcement officer shall find a vehicle
standing upon a public street or parking lot in violation of the provisions
of this section, he is authorized to move such a vehicle or to require
the operator in charge thereof to move such vehicle to a position
permitted under this chapter. The law enforcement officer may cause
said vehicle to be removed to a proper impoundment and storage area
within the Village where storage space is available, and in such case
the owner shall pay the costs of removing said vehicle and the storage
fees on said vehicle before he may recover the possession thereof.
B.
Posted limitations.
(1)
The Village Board may designate certain streets or
portions of streets as no parking or no stopping or standing zones
or as zones for parking by physically handicapped persons and may
limit the hours in which the restrictions apply. The Village shall
mark, by appropriate signs, each zone so designated in accordance
with the provisions of § 349.13, Wis. Stats.
(2)
Except when necessary to avoid conflict with other
traffic or in compliance with the directions of a police officer or
traffic control device, no person shall stop or park a vehicle in
an established no stopping or standing zone when stopping or standing
is prohibited. No vehicle shall be parked in a no parking zone during
hours when parking is prohibited, except physicians on emergency calls
or as permitted by state law or elsewhere by this Code.
(3)
The Chief of Police is hereby granted the authority,
within the reasonable exercise of police power, to prohibit, limit
the time or otherwise restrict the stopping, standing or parking of
vehicles beyond the provisions of Ch. 346, Wis. Stats. The Village
Board shall have the authority to restrict the turning or movement
of heavy traffic and to impose special weight limitations on any highway
or portion thereof which, because of the weakness of the roadbed due
to deterioration or climatic conditions or other special or temporary
conditions, would likely be seriously damaged or destroyed in the
absence of any restrictions on heavy traffic movement or special weight
limitations.
(4)
No prohibition, restriction or limitation on parking
or restriction on movement or turning of heavy traffic and imposition
of special weight limits is effective unless official traffic control
devices have been placed or erected indicating the particular prohibition,
restriction or limitation.
(5)
After the parking limitations on any given street
have expired, any change of location of not more than one following
expiration of the parking period allowed shall be and constitute a
violation of this chapter.
A.
Street maintenance. Whenever it is necessary to clear
or repair a Village roadway or any part thereof, the Public Works
Department and/or Police Department shall post such highways or parts
thereof with signs bearing the words "No Parking - Street Maintenance
Work." Such signs shall be erected at least two hours prior to the
time that street maintenance work is to be commenced. No person shall
park a motor vehicle in violation of such signs.
B.
Temporary parking restrictions for special events.
Pursuant to the provisions of § 349.13, Wis. Stats., the
Chief of Police is authorized to direct that temporary "No Parking"
signs be erected by the Director of Public Works for parades, festivals
and other authorized events that require the regulating of vehicle
stopping, standing or parking on Village roadways. The temporary regulation
shall be limited to the time the event exists, or is likely to exist,
and eight hours prior to the event.[1]
C.
Parking during special snow removal. No person shall
park, place or leave standing any automobile, truck or other vehicle
on any street or public way after one hour from the time such area
has been designated and marked with signs or barriers by the Public
Works Department and/or Police Department of the Village indicating
no parking due to snow removal.
A.
Parking prohibited at all times. Except temporarily
for the purpose of and while actually engaged in loading or unloading
or in receiving or discharging passengers or property and while the
vehicle is attended by a licensed operator so that it may be moved
promptly in case of an emergency or to avoid obstruction of traffic,
no person shall at any time park or leave standing any vehicle on
any of the following:[1]
(1)
Within an intersection.
(2)
On a crosswalk.
(3)
On a sidewalk or terrace area, except when parking
in such place is clearly indicated by official traffic signs or markers
or parking meters. "Terrace or sidewalk area" means that area between
the sidewalk and the nearest curbline running parallel or generally
parallel thereto or, in the absence of a sidewalk, 10 feet beyond
the curbline.
(4)
Alongside or opposite any highway excavation or obstruction
when such stopping or standing would obstruct traffic or when pedestrian
traffic would be required to travel in the roadway.
(5)
On the roadway side of any parked vehicle unless double
parking is clearly indicated by official traffic signs or markers.
(6)
Within a fire lane consisting of either the driveway
between the front doors of a fire station and the public street or
in such places properly designated and marked as fire lanes ordered
by the Fire Chief.
(7)
Upon any portion of a highway where and at the time
when stopping or standing is prohibited by official traffic signs
indicating the prohibition of any stopping or standing.
(8)
In any place or manner so as to obstruct, block or
impede traffic.
(9)
Within 10 feet of a fire hydrant, unless a greater
distance is indicated by an official traffic sign.
(10)
Upon any portion of a highway where and at the
time when parking is prohibited, limited or restricted by official
traffic signs.
(11)
Upon any street or highway within the Village
limits any vehicle which faces a direction different from the direction
of normal traffic flow for the lane of traffic in which said vehicle
is stopped or standing.
(12)
In a loading zone.
(13)
Within four feet of the entrance to an alley,
private road or driveway.
(14)
In any municipal park when said park is closed
to the public.
(15)
Within 15 feet of the near limits of a crosswalk.
B.
Parking in driveways. No person shall park or leave
standing any motor vehicle in any private driveway without the permission
of the owner or lessee of the property on which such driveway is located,
whether or not such driveway is posted to limit or restrict parking.
C.
Vehicles not to block private drive, alley or fire
lane. No vehicle shall, at any time, be parked so as to unreasonably
restrict the normal access to any private drive, alley or fire lane.
Said access shall be deemed to be unreasonably restricted if any vehicle
is parked within four feet of either side of said access. Upon discovery
by a police officer or upon complaint by the owner of any such blocked
drive, alley or fire lane, the police officer may order said vehicle
towed from such position at the risk and expense of the owner of said
vehicle.[2]
D.
Parking vehicle for repair or to display for sale
prohibited.
(1)
No person shall stand or park a vehicle on any street,
alley, public right-of-way or municipal parking lot in the Village
of Theresa for the purpose of repairing said vehicle or to display
such vehicle for sale. No person shall park on any street or avenue
any vehicle for the primary purpose of advertising.
(2)
No person other than an owner and/or operator of a
business located on business-zoned property engaged in the regular
business of selling vehicles may display a vehicle for sale upon private
premises unless the following conditions are met:
(a)
Consent to display the vehicle has been given
by the owner or lessee of the premises;
(b)
The owner of the vehicle is on the premises
or resides there;
(c)
The vehicle displayed for sale is parked entirely
on the premises;
(d)
The premises contains only one vehicle displayed
for sale;
(e)
The advertisement or sign for sale of the vehicle
is not larger than two square feet; and
When official traffic signs indicating such restriction have been erected in accordance with § 337-3 of this chapter, no person shall park, stop or leave standing any vehicle upon any portion of a street, highway or public or private parking facility reserved for vehicles displaying special registration plates or identification cards or emblems issued by the Wisconsin Department of Transportation or, for vehicles registered in another jurisdiction, by such other jurisdiction designating the vehicle as one used by a physically disabled person.
A.
Leaving keys in vehicle. No person shall permit any motor vehicle to stand or remain unattended on any street, alley or other public area, except an attended parking area, unless either the starting lever, throttle, steering apparatus, gear shift or ignition of the vehicle is locked and the key for such lock is removed from the vehicle. Whenever any police officer shall find any vehicle standing with the key in the ignition in violation of this section, such officer is authorized to remove such key from the vehicle and deliver the key to the Police Department for safe custody. Violators shall be subject to a forfeiture as provided in § 337-34D(2). Law enforcement vehicles are to be considered exempt.[1]
B.
Parking vehicles with motor running. No person shall park or leave standing any motor vehicle with the motor or refrigerator unit running for more than 30 minutes within 300 feet of any residence within the Village of Theresa between the hours of 10:00 p.m. and 7:00 a.m. Violators shall be subject to a forfeiture as provided in § 337-34D(2).
It shall be unlawful for any person, firm or
corporation to permit any construction, compaction, earth-grading
or farm machinery which is self-propelled and moves upon the surface
of the earth and which is owned or controlled by him or it to stand
for any period of time unattended without locking the ignition system
or otherwise rendering said machinery inoperable so as to prevent
any person unauthorized by the owner or individual in control thereof
from starting said machinery.
A.
Angle parking or parking diagonally is prohibited
on all the streets, alleys and highways of the Village except as provided
herein. All vehicles shall park parallel to, and within one foot of,
the curb except where streets and parking lots are so marked for angle
parking.
B.
No person shall at any time park any vehicle:
(1)
In any direction other than the designated parking
angle, where angle parking spaces are so designated and provided by
appropriate markings.
(2)
Backwards into angle parking spaces so designated
and provided by appropriate markings.
(3)
With a trailer attached or any vehicle longer than
20 feet on any street where angle parking is so provided and allowed.
A.
B.
Parked vehicles. A vehicle shall be deemed parked,
within the meaning of this chapter, when it is stopped on any street
of the Village for any other purpose than that of taking on or discharging
passengers or cargo and then only for such time as is reasonably required
for such purposes. A vehicle which is stopped on any street for any
other purpose shall be considered parked regardless of whether or
not the seats are occupied by one or more persons.
C.
All-night parking prohibited; alternate parking.
(1)
No person, except EMS, police and physicians on emergency
calls, shall park any vehicle for a period of time longer than 30
minutes between the hours of 2:00 a.m. and 6:00 a.m. of any day between
November 15 and April 1 on Milwaukee Street from the north Village
limits to the south Village limits.
[Amended 8-1-2005 by Ord.
No. 1-10]
(2)
On all other streets, there shall be alternate parking as follows: on days having even calendar numbers parking will be on the side of the street with even house numbers, and on odd-numbered days parking shall be on the side of the street with odd house numbers. A permit will be required for anyone parking on the street overnight. The cost of a season permit is prescribed in Chapter 167, Fees. Anyone with permit will have to follow alternate parking rules.
(3)
Winter parking permits.
[Added 8-3-2020]
(a)
A winter parking permit is required for any overnight street parking of vehicles. The cost of a season permit is prescribed in Chapter 167, Fees. Permit holders are responsible for abiding by alternate parking rules.
(b)
Winter parking permits are valid only for the specific vehicle that it is issued for. The person requesting a permit must own the vehicle and reside at the same residential dwelling unit as listed on the vehicle’s registration. Permitted vehicles shall be parked in the area of that specific location. Permits shall be limited to only two per each residential dwelling unit. Registered owner(s) not residing at the address as listed for the vehicle shall not be eligible for a winter parking permit. Trailers are not eligible for winter parking permits per restrictions of § 337-20D(2).
D.
Other parking limits.
(1)
Parking shall be limited to a maximum total of three
hours on Milwaukee Street between Henni Street to the south and the
Rock River bridge to the north.
(2)
No unattached trailer, camper, boat or similar type
of hauled device, or other recreational vehicle, shall be left parked
at any time on Milwaukee Street between Henni Street to the south
and the Rock River bridge to the north.
(3)
No unattached trailer, camper, boat or similar type
of hauled device, or other recreational vehicle, shall be left parked
for more than six hours on any other street or highway in the Village
of Theresa.
(4)
Exceptions to the above provisions would be a twenty-four-hour
special permit issued by the Police Department for such things as
construction to a building, etc.
E.
Parking in River View Hills Land Lease Community.
Parking is prohibited upon any roadway or private drive within River
View Hills Land Lease Community. No vehicle may be stopped or left
standing on any such roadway or private drive which faces a direction
different from the direction of normal traffic flow for the lane of
traffic in which said vehicle is stopped or standing or in any place
or manner as to obstruct, block or impede the flow of traffic.[2]
A.
Street parking. No person owning or having control
of any truck, trailer, truck power unit, tractor, bus or powered recreation
vehicle or combination of vehicles weighing in excess of 15,000 pounds'
gross weight, or over 22 feet in length (including accessories, racks,
or other physical extensions), or having a height of more than eight
feet from the roadway, shall park the same upon any street, avenue,
or public way in the Village of Theresa in areas zoned residential
or primarily residential in nature. The provisions of this subsection
shall not be deemed to prohibit the lawful temporary parking of such
equipment upon any street, avenue or public way in the Village for
the actual loading or unloading of goods, wares or merchandise; provided,
however, that the loading and unloading, as used in this subsection,
shall be limited to the actual time consumed in such operation. The
Village Board may, however, designate specific truck parking zones.
B.
Motor homes. No person owning or having control of
any motor home shall park the same upon any street, avenue or other
public way in the Village of Theresa for more than 48 hours.
[Amended 8-1-2005 by Ord. No. 1-10]
C.
Removal. Any vehicle or trailer unlawfully parked under Subsection A or B above may be removed from the street by order of a law enforcement officer pursuant to § 337-24, and the expense of so moving and storing such vehicle or trailer shall be paid by the operator or owner of said vehicle or trailer as a forfeiture in addition to the penalties hereafter prescribed.
[Amended 8-1-2005 by Ord. No. 1-10]
No person other than the owner or operator thereof
shall remove a Village parking ticket from a motor vehicle.
A.
Applicability. This section shall apply to all premises
held open to the public for use by motor vehicles, whether such premises
are publicly or privately owned and whether or not a fee is charged
for the use thereof.
B.
Traffic regulations. The operator of a motor vehicle
operating on premises held open to the public for use by motor vehicles
must obey the following traffic regulations. The operator shall:
(1)
Not exceed the posted speed of 10 miles per hour.
(2)
When approaching an official stop sign at an intersection,
cause such vehicle to stop before entering the intersection and shall
yield the right-of-way to other vehicles which have entered or are
approaching the intersection upon a highway, driveway, or private
road that is not controlled by an official traffic sign or signal.
(3)
Not participate in any race or speed or endurance
contest upon any driveway or private road.
(4)
Upon all roadways of sufficient width, drive on the
right half of the roadway except when:
(a)
Making an approach for a left turn under circumstances
in which the rules relating to left turns require driving on the left
half of the roadway;
(b)
Overtaking and passing under circumstances in
which the rules relating to overtaking and passing permit or require
driving on the left half of the roadway;
(c)
The right half of the roadway is closed to traffic
while under construction or repair; or
(d)
When overtaking and passing pedestrians, animals
or obstructions on the right half of the roadway.
(5)
Upon the approach of any authorized emergency vehicle
giving audible signal by siren, yield the right-of-way and immediately
drive such vehicle to a position as near as possible and parallel
to the right curb or the right-hand edge of the shoulder of the roadway
or private drive, clear of any intersection. Unless otherwise directed
by a traffic officer, the operator shall stop and remain standing
in such position until the authorized emergency vehicle has passed.
This subsection does not relieve the operator of an authorized emergency
vehicle from the duty to drive with due regard under the circumstances
for the safety of all persons using the highway, driveway, or private
road.
(6)
Comply with any lawful order, signal or direction
of a traffic officer, as follows:
(a)
No operator of a vehicle shall disobey the instructions
of any official traffic sign or signal unless otherwise directed by
a traffic officer.
(b)
No operator of a vehicle shall, after having
received a visual or audible signal from a traffic officer or marked
police vehicle, knowingly flee or attempt to elude any traffic officer
by willful or wanton disregard of such signal so as to interfere with
or endanger the operation of the police vehicle or the traffic officer
or other vehicles or pedestrians, nor shall he increase the speed
of his vehicle or extinguish the lights of his vehicle in an attempt
to elude or flee.
(7)
Not follow an authorized emergency vehicle responding
to a call or alarm closer than 500 feet or drive into or park his
or her vehicle within the block where, or within 300 feet of the driveway
entrance or similar point of access to a driveway or road on which,
fire apparatus has stopped in response to an alarm. The personal vehicles
of members of an official public safety department answering the alarm
are considered on official business.
(8)
Unless given consent by the Fire Department official
in command, not drive a vehicle over any unprotected hose of the Fire
Department when such hose is laid down on any street, private driveway,
or private road to be used at any fire or alarm of fire.
(9)
When approaching from the front or rear any school
bus which has stopped on a roadway or private road, when the bus is
equipped according to § 347.25(2), Wis. Stats., and when
it is displaying flashing red warning lights, stop the vehicle not
less than 20 feet from the bus and remain stopped until the bus resumes
motion or the operator extinguishes the flashing red warning lights.
The operator of any school bus which approaches from the front or
any school bus which has stopped and is displaying flashing red warning
lights shall display its flashing red lights while stopped.
(10)
Not drive a vehicle at a speed greater than
is reasonable and prudent under the conditions and having regard for
the actual and potential hazards then existing. The speed of a vehicle
shall be so controlled as may be necessary to avoid colliding with
any object, person, vehicle, or other conveyance on or entering the
driveway or private road in compliance with legal requirements and
using due care.
(11)
Consistent with the requirements of Subsection B(2), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hillcrest, when traveling upon any narrow or winding roadway, when passing school children, roadway construction or maintenance workers or other pedestrians, and when a special hazard exists with regard to other traffic or by reason of weather or roadway conditions.
C.
Unlicensed
operators prohibited. Any person who does not hold a valid driver’s
license, or who is operating after suspension or revocation, shall
not operate a motor vehicle on any public or private street or roadway,
public or private right-of-way, or on any public or private parking
lot, alley or ramps in the Village of Theresa.
[Added 3-7-2011[2]]
D.
Penalties.
Officers may issue a municipal citation for this offense with a penalty
range of $200 and a maximum penalty of $400 plus costs.
[Added3-7-2011]
E.
Citations.
(1)
Citations for violations of this section shall only
be issued for offenses committed on premises not covered by the traffic
code provisions of the Wisconsin Statutes.
(2)
Citations for violations of this section may be written
as a Village of Theresa municipal ordinance citation or a uniform
traffic citation as it may apply.
[Amended 8-1-2005 by Ord. No. 1-10]
(3)
A forfeiture may be assessed against any operator
of a motor vehicle that is convicted of a violation of this section,
but no demerit point assessment shall be made against the driver's
license of the offender, unless so appropriate and issued as a uniform
traffic citation.
[Amended 8-1-2005 by Ord. No. 1-10]
F.
HIGHWAY
MOTOR VEHICLE
OPERATOR
PRIVATE ROAD OR DRIVEWAY
ROADWAY
STREET
Definitions. For the purpose of this section, the
following words shall have the following meaning:
All public ways and thoroughfares and bridges on the same.
It includes the entire width between the boundary lines of every way
open to the use of the public as a matter of right for the purposes
of vehicular travel. It includes those roads or driveways in state,
county, or municipal parks and in state forests which have been opened
to the use of the public for the purpose of vehicular travel and roads
or driveways upon grounds of public schools, as defined in § 115.01(1),
Wis. Stats., and institutions under the jurisdiction of the Village
Board or County Board of Supervisors but does not include private
roads or driveways as defined below.
A vehicle, including a combination of two or more vehicles
or an articulated vehicle, which is self-propelled, except a vehicle
operated exclusively on a rail.
A person who drives or is in actual physical control of a
vehicle.
Every way or place in private ownership and used for vehicular
travel only by the owner and those having express or implied permission
from the owner, or held open to the public for use of motor vehicles.
That portion of a highway between the regularly established
curbline or that portion which is improved, designed or ordinarily
used for vehicular travel, excluding the berm or shoulder. In a divided
private road, the term "roadway" refers to each roadway separately
but not to all such roadways collectively.
Every highway within the corporate limits of the Village
except alleys.
[1]
Editor’s Note: The title of this section was changed
from "Operation of motor vehicles on premises held open to the public"
to "Operation of motor vehicle in or on public streets, private roadways,
public rights-of-way, public or private parking lots, alleys or ramps"
on 3-7-2011.
A.
Vehicles which are damaged, mechanically inoperable
or would be considered not legally drivable on a street or roadway
shall not be dropped off, parked or left on any street within the
Village.
[Amended 12-2-2019]
(1)
Vehicles
are prohibited from being parked on any street or roadway within the
Village if they are unregistered, do not display valid and current
license plates belonging to the vehicles' current owner, or have suspended
or revoked license plates. Violations of this subsection may be issued
to the vehicle's owner and/or the person who is in charge of or directing
the vehicle to be left on the street in violation of this subsection.
(2)
Removal
of illegally parked vehicles by an officer. Any law enforcement officer,
after drafting, issuing or mailing a municipal citation, is authorized
to immediately order the vehicle removed by the owner or a licensed
and insured towing service as screened and preapproved by the Dodge
County Sheriff's Department.
B.
Removal by operator. Such vehicle shall be removed
by the operator in charge, upon request of any law enforcement officer,
to a position where parking is permitted or to a private or public
parking or storage premises.
C.
Removal by traffic officer. Any law enforcement officer,
after issuing a citation for illegal parking, stopping or standing
of an unattended vehicle in violation of this chapter, is authorized
to remove such vehicle to a position where parking is permitted.
D.
Removal by private service. The officer may order
a motor carrier holding a permit to perform vehicle towing services,
a licensed motor vehicle salvage dealer or a licensed motor vehicle
dealer which performs vehicle towing services to remove and store
such vehicle in any public storage garage or rental parking grounds
or any facility of the person providing the towing services.
E.
Towing and storage charges. In addition to other penalties
provided in this chapter, the owner or operator of a vehicle so removed
shall pay the actual cost of moving, towing and storage. If the vehicle
is towed or stored by a private motor carrier, motor vehicle salvage
dealer or licensed motor vehicle dealer, actual charges regularly
paid for such services shall be paid. If the vehicle is stored in
a public storage garage or rental facility, customary charges for
such storage shall be paid. Upon payment, a receipt shall be issued
to the owner of the vehicle for the towing or storage charge.
A.
Storage prohibited. No person owning or having custody of any partially dismantled, nonoperable, wrecked, junked or discarded motor vehicle shall allow such vehicle to remain on any public street or highway, parking lot or ramp longer than 48 hours after notification thereof by the Police Department. Notification shall be accomplished by placing in a conspicuous place on the vehicle and by mailing or serving upon the owner or occupant in charge of the premises a written notice setting forth briefly the applicable provisions of this section and the date of the notice. Any vehicle so tagged which is not removed within 48 hours after notice is declared to be a public nuisance and may be removed as provided in § 337-24.
B.
Exemptions. This section shall not apply to a motor
vehicle in an appropriate storage place or depository maintained in
a lawful place and manner authorized by the Village of Theresa.
Pursuant to the provisions of § 118.105,
Wis. Stats., the following regulations shall apply to the grounds
of the Lomira Public School District located within the Village of
Theresa:
A.
Parking. No person shall park any vehicle in any vehicular
traveling area or parking area of the School District, except in conformity
with posted parking regulations set forth for such vehicular travel
and parking areas.
B.
Speed limits. No person shall, at any time, operate
a motor vehicle upon any School District grounds at a speed in excess
of 10 miles per hour.
