[HISTORY: Adopted by the Village Board of
the Village of Wales 4-17-1989 as Ch. 7 and §§ 8.16 and 8.25 of the 1989
Code. Amendments noted where applicable.]
Except as otherwise specifically provided in this chapter, the statutory provisions in Chs. 340 to 348, Wis. Stats., describing and defining regulations with respect to vehicles and traffic, 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. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this chapter. 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 traffic on the highways, streets and alleys of the state.
A.
Who may erect. 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 Manual on Uniform Traffic Control Devices 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.[1]
B.
Removal of unofficial signs and signals. The Village
Board shall have the authority granted by § 349.09, Wis.
Stats., and is hereby directed 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 a 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.
A.
It is hereby determined and declared to be necessary
in the interest of the public safety that a speed zone be established
on Village streets.
B.
No motor vehicle shall travel in excess of 25 miles
per hour on any Village street, except where a different speed limit
has been established and posted on a state or county trunk highway.
A.
Single stops. It is hereby declared necessary for
the public safety to regulate traffic at the following intersections
in the Village. All vehicular traffic entering the intersections from
the stop streets indicated shall come to a full and complete stop
at the intersection before entering the intersection as required by
law. Stop signs shall be installed at the intersections of the type
approved by the State Department of Transportation as required by
§ 349.08, Wis. Stats. No stop is required unless a stop
sign is erected at the intersection facing the traffic that is obliged
to stop.
[Amended 11-5-1990; 1-7-1991; 12-9-1991; 5-15-1995; 8-21-1995; 7-21-1997; 9-15-2003; 10-17-2005]
|
Right-of-Way Street
|
Street on Which Traffic Stops
| |
|---|---|---|
|
Brandybrook Road
|
Dugan Road
| |
|
Bron Derw Drive
|
Herford Drive
| |
|
Bron Derw Drive
|
Llambaris Pass
| |
|
Caernarvon Road
|
Llambaris Pass
| |
|
Criglas Road
|
Cardiff Road
| |
|
Criglas Road
|
Welsh Road
| |
|
Genesee Street, southbound
|
Genesee Street, northbound
| |
|
Genesee Street
|
South Street
| |
|
Highland Street
|
Welshpool City
| |
|
Holyhead Drive
|
Newcastle City
| |
|
Llambaris Pass
|
Breck Road
| |
|
Lochtyn Ridge
|
Cregennan Bae
| |
|
Oak Crest Drive
|
3 driveways serving the elementary school and
the high school of the School District of Kettle Moraine
| |
|
Oak Crest Drive
|
2 driveways serving the football field parking
lot and the tennis court/soccer field parking lot
| |
|
Pebble Creek Pass
|
Caernarvon Road
| |
|
Pebble Creek Pass
|
Herford Drive
| |
|
Pembroke Way
|
Highland Street
| |
|
South Street
|
Highland Street
| |
|
Thomas Road
|
Black Earth Road
| |
|
Thomas Road
|
Dylan Road
| |
|
Welsh Road
|
South Taliesin Road
| |
|
–
|
At corner of Park Street and West South Street
(for traffic traveling west on West South Street)
|
[Added 7-6-1999; amended 9-5-2000]
A yield sign shall be erected at the triangle
intersection of Wakefield Downs on the southwest side.
No person shall use compression brakes or operate a motor vehicle
using brakes which are in any way activated or operated by the compression
of the engine of any such motor vehicle or any unit or part thereof,
unless such brakes are necessarily used in an emergency situation.
The prohibition contained in this subsection shall not apply to fire,
police, EMS and/or other emergency vehicles.
A.
Night parking restricted. No person shall park any
vehicle on any Village street between the hours of 2:00 a.m. and 7:00
a.m. Signs giving notice of this restriction shall be placed or erected
at or near the corporate limits of the Village on all state and country
trunk highways and connecting streets as provided in § 349.13(1e),
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 10-20-1997]
B.
No parking. Parking shall be prohibited:
[Amended 6-6-1994; 10-20-1997]
(1)
On the south side of South Street from its intersection
with Park Street to a point 400 feet west of the intersection of Park
Street and South Street.
(2)
On Elias Street from Main Street to Oak Crest Drive.
(3)
On both sides of South Street extending a distance
of 300 feet east from the intersection of South Street and North Wales
Road (Highway 83).
(4)
On the westerly end of West Main Street from the intersection
of North Wales Road (Highway 83) extending a distance of 500 feet.
(5)
On both sides of Main Street from the intersection
of Elias Street and Main Street to the intersection of Felix Street
and Main Street.
[Added 7-6-1999; amended 9-5-2000]
(6)
On the north side of Main Street extending west from
the intersection of Main Street and Elias Street to the Glacial Drumlin
Trail entrance located at the intersection of Main Street and James
Street.
[Added 7-6-1999; amended 9-5-2000]
(7)
On the north side of Criglas Road extending a distance
of 630 feet west from the intersection of Criglas Road and Park Street.
[Added 7-6-1999; amended 9-5-2000]
(8)
On the north and south sides of Main Street extending
west from the intersection of James Street and Main Street to State
Highway 83.
[Added 9-5-2000]
(9)
On East Oak Crest Drive on both sides from 348 Oak
Crest Drive north to Highway 18.
[Added 6-18-2001]
(10)
On AJ Allen Circle on the north side from 543
to 571 AJ Allen Circle.
[Added 2-18-2008]
(11)
On Llamberris Pass on both sides of the street
from Bron Derw Drive to Breck Road when school is in session.
[Added 4-21-2008]
C.
Temporary stops. Where parking is prohibited, a motor
vehicle may be stopped temporarily to receive or discharge passengers
or to load or unload, provided that it is attended by a licensed operator.
D.
Parking on culs-de-sac restricted. No person shall
park any motor vehicle within the area of any cul-de-sac on any Village
street where signs giving notice of this restriction shall be placed
or erected as provided in § 349.13(1e), 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.
E.
Tractor-trailer parking. No tractor or trailer shall
be parked on any Village street except for loading or unloading purposes.
F.
Parking during school hours restricted. No person
shall cause or permit any vehicle to be parked during the hours beginning
at 7:00 a.m. and continuing through 3:00 p.m. on any day during which
the Kettle Moraine School District is in session on any of the following
streets:
[Added 9-17-1990]
G.
Large vehicle parking. Except as otherwise permitted
under the terms of the Village Code, no residential property shall
be used for parking motor vehicles weighing more than 8,500 pounds
or having a length greater than 30 feet, except for recreational vehicles.
[Added 5-17-1999]
H.
Parking in front yard in residential district; parking
on terraces.
[Added 5-17-1999]
(1)
No person shall park or store any motor vehicle, boat,
or trailer in the required front yard (i.e., established setback area)
of any residential district except upon a driveway providing access
to a garage, carport, or rear yard parking area. Any vehicle parked
within the front yard on a driveway shall be parked in such a manner
as to maintain all wheels on a driveway surface.
(2)
No owner of any vehicle, boat, trailer, or other equipment
shall park or store such vehicle, boat, trailer, or other equipment
on any terrace in the Village except in those places where the Village
Board has authorized the removal of such terrace for the purpose of
parking.
I.
Other restrictions on parking and stopping. Section
346.55, Wis. Stats., is adopted.
[Added 10-2-2000]
(1)
No person shall stop or leave standing any vehicle
on the left side of a highway except as provided in §§ 167.31(4)(co)
and 346.54, Wis. Stats.
(2)
No person may leave or park any motor vehicle on private
property without the consent of the owner or lessee of the property.
(3)
Owners or lessees of public or private property may
permit parking by certain persons and limit, restrict or prohibit
parking as to other persons if the owner or lessee posts a sign on
the property indicating for whom parking is permitted, limited, restricted
or prohibited. No person may leave or park any motor vehicle on public
or private property contrary to a sign posted thereon.
J.
Parking on Main Street adjacent to Village Hall. No
person shall park or leave standing or cause to be parked or left
standing any vehicle, including motorcycles, on the south side of
Main Street as follows:
[Added 11-18-2013]
(1)
From
the Village Hall west to the intersection of Main Street and James
Street, no parking any time, whatsoever; and
(2)
From
the Village Hall parking lot entrance east to the entrance to the
municipal lot located on the corner of Main Street and Genesee Street,
no parking for more than two consecutive hours during the hours beginning
at 7:00 a.m. and continuing through 4:00 p.m. on any day school is
in session.
A.
Declaration of emergency. The Village President or
his authorized representative shall declare a snow emergency during
the period of a severe snowstorm or immediately thereafter, whenever
traffic becomes congested by reason of such snowfall and the operation
of emergency vehicles, including snow removal equipment and machinery,
is impeded.[1]
B.
Duration of emergency. Such emergency shall exist
until such emergency has been terminated by the Village President
or his authorized representative and shall continue 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
Village.[2]
C.
Notice of emergency. The Village President or his
authorized representative 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.[3]
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 Village President or his
authorized representative or any person 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 Village
President or his authorized representative may charge the cost of
removing such vehicle to the owner or the operator thereof, which
charges shall be paid before the owner or operator shall be entitled
to repossession of his vehicle.[4]
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 street.
[Added 5-17-1999]
No person shall operate any motor vehicle over,
along, or into any drainage ditch adjacent to any public street, or
over a street curb, except over an established driveway, except that
a contractor may drive though a drainage ditch if this is necessary
for the repair of buildings and/or structures located on the premises,
which repairs are authorized and permitted by the building permit.
In such event, the contractor having the building 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 Building Inspector
within 30 days after the work is completed. Until such satisfactory
repairs are made, the Building Inspector shall not issue any further
building permit to the contractor involved.
A.
As used in this section, the term "motor vehicle"
shall include 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,
earthmoving equipment, and any other type of motor-driven vehicles.
B.
In the event that repairs are not completed to the
satisfaction of the Building Inspector as provided herein, the Village
may repair the ditch and road service and charge the costs incurred
as a special assessment in accordance with the provisions of § 66.0703,
Wis. Stats. Any such special assessment shall be placed on the tax
bill issued for the next following tax year.
A.
SNOWMOBILE
UNLICENSED POWER-OPERATED VEHICLE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Has the meaning designated by § 340.01(58a), Wis.
Stats.
Any vehicle designed primarily for the purpose of transporting
persons and not required to be licensed by the state.
B.
Snowmobiles regulated. No person shall operate a snowmobile
in the Village:
(1)
Contrary to §§ 350.01 to 350.10, inclusive,
Wis. Stats.
(2)
On or across the property of another without the written
permission of the owner or occupant thereof.
(3)
On another's property, when directed by the owner
or occupant, or the police on his behalf, to remove himself and his
snowmobile from the property.
(4)
In any Village park or public land.
(5)
Within the established right-of-way lines of any Village
street, except to cross a street as provided in § 350.02(2)(a)1,
Wis. Stats.
(6)
Except on the designated Glacial Drumlin Trail.
C.
Unlicensed power-operated vehicles regulated. No person
shall operate an unlicensed power-operated vehicle in the Village:
(1)
On or across the property of another without the written
permission of the owner or occupant thereof.
(2)
On another's property, when directed by the owner
or occupant, or the police on his behalf, to remove himself and his
unlicensed power-operated vehicle from the property.
(3)
In any Village park or public land.
[Amended 1-3-2000]
A.
OFF-THE-ROAD-VEHICLE
OPERATOR
PUBLIC THOROUGHFARE
TRAVELED PORTION
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any minibike, trail bike, all-terrain vehicle, go-cart, or
other similar self-propelled vehicle (expressly excluding snowmobiles
which are regulated by separate ordinance[1] and Wisconsin Statutes) which is commonly operated off
the traveled portion of the public thoroughfare, whether currently
being used on or off the road and whether registered or nonregistered.
A person who drives or is in actual physical control of the
vehicle herein regulated.
Includes public road, street, alley, highway, freeway, interstate,
county trunk highway or public right-of-way.
The paved or otherwise surfaced portion of the roadway and
the prepared shoulder, but shall include the grass area within the
statutory limits of the highways and contiguous to the traveled portion
thereof.
B.
Prohibited operation of off-the-road vehicles. No
person shall operate an off-the-road vehicle:
(1)
Between
8:00 p.m. and 8:00 a.m.
(2)
Within
50 feet of a dwelling.
(3)
On
the property of another without his/her written consent carried on
the person of the operator of the off-the-road vehicle.
(4)
On
shoulders or in drainage ditches of a public street or highway.
(5)
In
excess of 25 miles per hour.
(6)
With
more than one passenger.
(7)
Without
protective headgear.
(8)
Within
established thoroughfares.
(9)
Who
is under 12 years of age.
(10)
By racing the engine or otherwise causing unnecessary or unusual
noise which annoys, disturbs, injures or endangers the comfort, health,
peace or safety of others.
(11)
On Village property unless authorized by the Village Board.
C.
Authorized operation of off-the-road vehicles. Off-the-road
vehicles may be operated on the premises owned by the operator or
member of the family of the operator if said operator resides on the
premises where said vehicle is being operated or on the property of
another with his/her written consent carried on the person of the
operator of the off-the-road vehicle. Operation of said vehicle shall
be between the hours of 8:00 a.m. and 8:00 p.m. and be such that the
noise from said vehicle does not cause a nuisance and annoyance to
other persons residing near said operation.
[Added 1-3-2000]
No driver of any vehicle shall cause, by excessive
and unnecessary acceleration, the tires of such vehicle to spin and
emit loud noises or to unnecessarily throw stones or gravel, nor shall
such driver cause to made by excessive and unnecessary acceleration
any loud noise as would be disturbing to the public peace, nor shall
any driver cause any vehicle to operate in an unsafe manner.
[Added 1-3-2000]
No driver of any vehicle in a public or private
place shall cause the vehicle to spin, slide or move in a sideways
direction, by excessive and unnecessary acceleration or speed while
turning the vehicle's front wheels sharply to the right or left.
The penalty for violation of any provision of
this chapter shall be a forfeiture and penalty assessment if required
by § 757.05, 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. Any forfeiture for violation of § 419-1 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.
Parking violations.
(1)
State statutes. The penalty for violation of the following
sections of the Wisconsin Statutes shall be as prescribed in § 346.56,
Wis. Stats.:[1]
(a)
Section 346.505(2), parking in spaces reserved for physically disabled
persons.
(b)
Section 346.51(1), improper parking on/off roadway.
(c)
Section 346.52(1), stopping/standing in prohibited areas.
(d)
Section 346.52(2), stopping/standing on highway by grade school
(e)
Section 346.53, parking/standing where prohibited.
(f)
Section 346.54, improper parking/standing of vehicle.
(g)
Section 346.55(1), parking on left side of highway.
(h)
Section 346.55(3), parking on posted private property.
D.
Waiver of parking restrictions. Notwithstanding anything
contained herein to the contrary, the Village Board may, upon application
of any property owner or resident, waive the provisions of the Traffic
Code as it relates to the parking of motor vehicles where good cause
has been shown. As used herein, the term "good cause" shall include
circumstances or situations where the applicant establishes that a
literal enforcement of the traffic code, as it relates to parking,
would create undue hardship or practical difficulty or where the applicant
establishes that the parking activities for which the waiver is requested
occurred on a regular basis prior to the effective date of the enactment
of the Traffic Code provision for which a waiver is sought. Determination
of the Village Board with respect to whether to grant or deny such
a waiver shall be final.
[Added 5-17-1999]
A.
Enforcement procedure. This chapter shall be enforced
according to §§ 23.33, 66.0114 and 345.11 to 345.61
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 Village Hall or at 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
a plea of no contest and submitted to a forfeiture and penalty assessment
if required by § 757.05, 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 deposit schedule established by the Wisconsin Judicial Conference
and shall include the penalty assessment under § 757.05,
Wis. Stats., and costs.[1]
(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/her an opportunity to defend on merits.
If the court finds that the petitioner was not informed as required
under § 345.27(1) and (2), Wis. Stats., the court shall
order the judgment reopened. The court order reopening the judgment
automatically reinstates the revoked or suspended operating privilege.
