[HISTORY: Adopted by the Common Council of
the City of Gillett as Ch. IV and § 7.15 of the former Municipal
Code. Amendments noted where applicable.]
[Amended 10-7-2004 by Ord. No. 2004-19]
Except as otherwise specifically provided in
this chapter, the statutory provisions in Chs. 340 to 348 and 23,
Wis. Stats., and Ch. NR 64, Wis. Adm. Code, 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 chapter as if fully set forth herein. Any act required to be
performed or prohibited by a 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 of Wisconsin.
A.
Duty of Chief of Police to erect and install uniform traffic control devices. Whenever traffic regulations created by this chapter, including a State of Wisconsin traffic regulation adopted by reference in § 19-1, require the erection of traffic control devices for enforcement, the Chief of Police, with the cooperation of the Supervisor of Public Works, shall procure, erect and maintain uniform traffic control devices conforming to the Uniform Traffic Control Device Manual promulgated by the Wisconsin Department of Transportation giving notice of such traffic regulation to the users of the streets and highways on which such regulations apply. Whenever state law grants discretion to local authorities in erecting or placement of a uniform traffic control device, devices shall be erected in such locations and in such a manner as in the judgment of the Chief of Police will carry out the purposes of this chapter and give adequate warning to users of the streets and highways of the City.
B.
Official Traffic Map.
(1)
Established. There is hereby established for the City
of Gillett an Official Traffic Map, effective on the effective date
of adoption of this Code, upon which is indicated as of said date
all existing no parking areas, restricted parking areas, stop signs,
arterial intersections, yield signs, special speed limits, one-way
highways, school crossings and all other restrictions or limitations
contained in this chapter and for which the laws of the State of Wisconsin
require the erection or use of official traffic control devices to
enforce such restrictions or limitations. All such restrictions and
limitations set forth on said Official Traffic Map are hereby ratified
and affirmed.
(2)
Additions to map. The Common Council may from time
to time make additions to or deletions from the Official Traffic Map,
and the Chief of Police shall keep such Official Traffic Map current.
Every addition to said Official Traffic Map made after adoption of
this Code shall indicate the number of the authorizing ordinance or
resolution and the date the appropriate official traffic control device
was erected.
A.
Generally. When signs are erected giving notice thereof,
no person shall park a motor vehicle on any street for more than two
hours between 9:00 a.m. and 5:00 p.m.; provided, however, that on
Sundays and national holidays, on East Main Street between North McKenzie
Avenue and Richmond Avenue and on South Lake Avenue and on North Lake
Avenue between East First Street and East Railroad Street, parking
shall be allowed for periods in excess of two hours.
B.
Two-hour parking. There shall be two-hour parking
on the south side of Fourth Street between Elm Street and Birch Street
between the hours of 7:30 a.m. and 4:00 p.m.
C.
Parking prohibited at all times.
(1)
There shall be no parking on the south side of Railroad
Street between North McKenzie Avenue and North Lake Avenue.
(2)
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 upon any of the following highways or parts of
highways:
(a)
On the west side of South Richmond Street commencing
at the south line of the intersection of South Richmond Street and
East Main Street, south a distance of 69 feet.
(b)
On the east side of South Richmond Street, commencing
at the south line of the intersection of South Richmond Street and
East Main Street, south a distance of 123 feet.
(c)
On the north side of Fourth Street between Elm
Street and Birch Street.
(d)
On the south side of South Lake Shore Drive
beginning 100 feet in from the intersection with Lake Avenue a distance
of 15 feet to the east edge of driveway and starting on the west edge
of driveway for a distance of 45 feet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(e)
On the north side of South Lake Shore Drive
beginning 100 feet in from the intersection with Lake Avenue a distance
of 135 feet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
D.
Winter parking. No person shall park a motor vehicle
on any City street from November 1 to April 1 between the hours of
1:00 a.m. and 6:00 a.m.
E.
Snow removal. Notwithstanding anything herein contained
to the contrary, no motor vehicle shall be parked on any street where
snow is being plowed or removed, and any motor vehicle so parked may
be towed or otherwise hauled away, and the City of Gillett shall retain
possession of said motor vehicle until the owner thereof shall have
paid all of the expenses resulting from said removal.
F.
Restrictions on parking during school hours.
(1)
No person shall park, stop or leave standing any vehicle,
whether attended or unattended, for longer than two hours during school
hours at the following locations: on Orchard Street, on the east side
of North Harding Avenue, on the west side of South Harding Avenue
and on both sides of South Elm Avenue between Pulcifer Avenue and
West Main Street.
(2)
No person shall park, stop or leave standing any vehicle,
whether attended or unattended, during school hours at the following
locations: the west side of North Harding Avenue and the east side
of South Harding Avenue.
G.
All-night parking prohibited.
(1)
No person shall park a motor vehicle on East Main
Street between North McKenzie Avenue and Richmond Avenue from April
1 to November 1 between the hours of 2:00 a.m. and 6:00 a.m.
(2)
No person shall park a motor vehicle on any street
for more than 24 hours unless permission is granted by the City Police
Department for overnight parking.
(3)
No person shall park a motor vehicle in the parking
lot adjacent to City Hall or in the parking lot adjacent to the Gillett
Public Library between the hours of 2:00 a.m. and 6:00 a.m. all year
long, with the exception of City employees while they are working
for the City.
H.
Any motor vehicle which remains continuously parked
for 24 hours after a police officer has placed a citation or other
written notification of violation of any section of this chapter shall
be towed or otherwise removed from its location, and the City of Gillett
shall retain possession of the motor vehicle until the owner thereof
shall have paid all of the expenses resulting from the removal of
said motor vehicle.
The Chief of Police is hereby empowered to make
and enforce temporary regulations to cover emergencies or special
conditions.
D.
Forfeitures relative to parking violations. The provisions
of § 345.28, Wis. Stats., relating to the issuance of summons
for nonmoving traffic violations and all enforcement procedures set
forth in said section are hereby incorporated by reference. The "local
authority" referred to in said section is hereby designated to be
the City Police Department.
E.
Enforcement of unpaid judgment. The provisions of
§ 345.47(l)(d), Wis. Stats., relating to unpaid court judgments
for traffic offenses and the enforcement procedures set forth in said
section are hereby incorporated by reference.
Use of flashing red lights by school buses in residential or business districts when pupils or other authorized passengers are to be loaded or unloaded where a sidewalk and curb are laid on both sides of the road shall be required by law. Violation of this section shall be subject to a forfeiture as provided in Chapter 1, Article II of this Code.
A.
Unlicensed operators prohibited. No person who does
not hold a valid operator's license shall operate a vehicle in any
public parking lot or in any private parking lot held out for the
use of parking for the general public.
A.
State snowmobile laws adopted. Except as otherwise
specifically provided in this chapter, the statutory provisions describing
and defining regulations with respect to snowmobiles in the following
enumerated sections of the Wisconsin Statutes are hereby adopted by
reference and made a part of this section as if fully set forth herein.
Acts required to be performed or prohibited by such statutes are required
or prohibited by this section.
|
350.01
|
Definitions
|
|
350.02
|
Operation of snowmobiles on or in the vicinity
of a highway
|
|
350.03
|
Right of way
|
|
350.04
|
Snowmobile races, derbies and routes
|
|
350.045
|
Public utility exemption
|
|
350.047
|
Local ordinance to be filed
|
|
350.05
|
Operation by youthful operator restricted
|
|
350.055
|
Safety certification program established
|
|
350.07
|
Driving animals
|
|
350.08
|
Owner permitting operation
|
|
350.09
|
Head lamps, tail lamps and brakes
|
|
350.10
|
Miscellaneous provisions for snowmobile operation
|
|
50.15
|
Accident and accident reports
|
|
350.17
|
Enforcement
|
|
350.18
|
Snowmobile access
|
|
350.19
|
Liability of landowners
|
B.
Snowmobile operation in City. The intent of this section
is to provide a means for persons to travel from a residence and/or
lodging establishment within the limits of the City of Gillett, Oconto
County, Wisconsin, for the safest access possible for a person to
operate a snowmobile to the snowmobile trail that is closest to that
residence or lodging establishment.
(1)
No person shall operate a snowmobile on a roadway
or shoulder of a highway not designated as a snowmobile access street.
Snowmobile access streets in the City of Gillett are as follows: First
Street, Green Bay Avenue, Robin Hood Lane, Woodlawn Avenue, Second
Street, Birch Avenue, Fourth Street, Pulcifer Avenue, and South Elm
Avenue between Pulcifer Avenue and West Fourth Street. Use of streets
not listed must be approved by the City of Gillett Police Department.
(2)
No person shall operate a snowmobile on an access
street between the hours of 11:00 p.m. and 7:00 a.m. Any snowmobile
used on an access street must be registered with the City of Gillett
Police Department prior to being operated on the access street. No
person shall operate a snowmobile in excess of 10 miles per hour on
an access street.
(3)
No person shall operate a snowmobile on an access
street from May 1 through November 14 of any year.
D.
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.
E.
Operation while under influence prohibited. Section 346.63,
Wis. Stats., shall apply to the operation of a snowmobile any place
within the City.
[Added 8-24-2004 by Ord. No. 2004-15; amended 4-5-2007; 10-6-2016]
The Common Council hereby establishes an all-terrain
vehicle/utility-terrain vehicle trail, which route is on file with
the City Clerk/Treasurer's office. Said trail/route shall only be
open and available for use from May 1 through October 31 of each year.
[Added 10-6-2016]
A.
Title and purpose.
(1)
This All-Terrain Vehicle (ATV) and Utility-Terrain Vehicle (UTV)
Route Ordinance is adopted to establish ATV/UTV routes on City streets
and to promote public health and safety by providing for the regulation
of ATVs/UTVs within the City of Gillett, Wisconsin.
(2)
The establishment of this section is for the convenience of the ATV/UTV
riding public only and the Common Council of the City of Gillett makes
no warranty express or implied that the aforementioned routes are
safe for ATV/UTV operation.
(3)
This section shall also repeal Ordinance No. 5-2011 and Ordinance
No. 14-2009.
B.
Adoption of state statutes. Pursuant to the authority granted in Chapter 23 of the Wisconsin Statutes and Chapter NR 64 of the Wisconsin Administrative Code, the Common Council of the City of Gillett hereby adopts, except as otherwise specifically provided in this chapter, Chapter 23 of the Wisconsin Statutes and Chapter NR 64 of the Wisconsin Administrative Code, which deal with all-terrain/utility-terrain vehicles, to be applied on all City streets designated as ATV/UTV routes in the City of Gillett.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
C.
Authorization. This section is authorized by Wisconsin State Statutes Chapter 23 and Chapter NR 64; specifically, § 23.33 and all subsections of same.
D.
ATV or ALL-TERRAIN VEHICLE
ATV/UTV CLUB
ATV/UTV ROUTE
ATV/UTV TRAIL
UTV or UTILITY-TERRAIN VEHICLE
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(2)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An engine-driven device which has a net weight of 900 pounds
or less, which has a width of 48 inches or less, which is equipped
with a seat designed to be straddled by the operator and which is
designed to travel on three or more low-pressure tires.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A club consisting of individuals that promotes the recreational
use of ATVs/UTVs.
A highway or sidewalk designated for use by all-terrain/utility-terrain
vehicle operators by the governmental agency having jurisdiction as
authorized under this section.
A marked corridor on public property or on private lands
subject to public easement or lease, designated for use by ATV/UTV
operators by the governmental agency having jurisdiction, but excluding
roadways of highways except those roadways that are seasonally not
maintained for motor vehicle traffic.
Any of the following:
A commercially designed and manufactured motor-driven device
that does not meet federal motor vehicle safety standards in effect
on July 1, 2012, that is not a golf cart, low-speed vehicle, dune
buggy, mini-truck, or tracked vehicle, that is designed to be used
primarily off of a highway, and that has, and was originally manufactured
with, all of the following:
A weight, without fluids, of 2,000 pounds or less.
Four or more low-pressure tires or non-pneumatic tires.
A steering wheel.
A tail light.
A brake light.
Two headlights.
A width of not more than 65 inches.
A system of seat belts, or a similar system, for restraining
each occupant of the device in the event of an accident.
A system of structural members designed to reduce the likelihood
that an occupant would be crushed as the result of a rollover of the
device.
A commercially designed and manufactured motor-driven device
to which all of the following applies:
E.
Application. This section is binding on all individuals traveling
in and through the City of Gillett in any manner on any and all City
streets.
F.
Route.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
G.
Laws.
(1)
The City of Gillett accepts no liability for the operation of ATVs/UTV
on any City streets under the provisions of this section.
(2)
ATVs/UTVs that operate on the aforementioned streets shall abide
by all state laws regulating ATV/UTV operation, including the following:
(a)
Operate in the extreme right-hand portion of the traveled part
of the road and single file.
(b)
Speed limit shall not exceed 10 mph, except where posted higher
by an official ATV/UTV speed limit sign.
(c)
Signs shall be posted to notify operators of ATVs/UTVs and to
notify motorists that ATVs/UTVs may be traveling these streets. The
posting of signs along the ATV/UTV route shall be the responsibility
of the ATV/UTV club using methods and fastening devices consistent
with all other traffic signs within the City of Gillett,
(d)
(e)
ATVs/UTV operated on City streets shall be currently registered
by the State of Wisconsin in accordance with Wisconsin State Statutes.
Registration does not constitute a license to cross or operate an
ATV/UTV on public or private lands.
(f)
At all times while operating an ATV/UTV on City streets or sidewalks,
operators born after January 1, 1988, shall have passed an approved
safety course. The driver of an ATV/UTV shall obey all state of Wisconsin
laws regarding the operation of ATVs/UTVs.
(g)
Except as otherwise provided in this section, a person may only
operate or permit an ATV/UTV owned by him/her or under their control
to be operated in accordance with Wisconsin State Statutes and all
regulations adopted pursuant thereto.
(h)
ATVs/UTVs traveling on City streets shall travel on the right side of the road, in single file, and with headlights on at a rate of speed not to exceed 10 mph. [See Subsection G(2)(b) above for other speed limitations.]
(i)
When operating an ATV/UTV under this section, if the ATV/UTV
has no turn signals and/or brake lights, the operator shall use hand
signals when making turns or stopping.
(j)
No public or private landowner shall be liable for any property
damage or personal injury sustained by any person operating or riding
as a passenger on an ATV/UTV or upon a vehicle or other device drawn
by an ATV/UTV upon the public or private landowner's property, whether
or not the public or private landowner has given permission to use
the land unless the public or private landowner charges a cash fee
to the operator or owner of the ATV/UTV for the use of the property
or unless damage or injury is intentionally inflicted by the landowner.
(k)
ATV/UTV operators must remain on an approved marked trail or
route or Wisconsin DNR and other penalties will apply.
H.
Severability. Should any portion of this section be declared unconstitutional,
or invalid by a court of competent jurisdiction, the remainder of
this section shall not be affected.
I.
Enforcement.
(1)
The City of Gillett Common Council gives the authority to enforce
this section to the Gillett Police Department or its designee, as
allowed by Wisconsin Statutes.
(2)
The enforcement officer may order the owner or operator of any vehicle
being operated on a highway to suspend operation.
(3)
Verbal or written warnings may be allowed at the discretion of the
enforcement authority in the above subsection.
J.
Effective date. The provisions of this section shall take effect
upon passage and publication provided by law.
A.
Registration required. No resident shall operate a
bicycle upon any street or public way within the City unless the bicycle
shall first have been registered by the owner and properly licensed
as hereinafter provided.
B.
Definition. "Bicycle" shall mean and include a light
vehicle having two or more wheels, usually tandem, but which may be
a tricycle or sidecar, both of which are 20 inches in diameter or
greater, with tires inflated, having a steering wheel and a saddle
seat or seats, and propelled by the feet acting on treadles connected
with cranks or levers.
C.
Registration. Registration shall be made by filing
an application with the Police Department setting forth the name and
address of the owner, together with a complete description of the
bicycle, and paying the registration and license fee hereinafter provided.
Each registration shall be serially numbered and kept on file in the
office of the Police Department. The Police Department shall keep
a record of the date of issuance of each license, to whom issued,
and the number thereof. Upon such registration, the Police Department
shall issue a license or tag which shall be affixed to the bicycle
in a place determined by the Police Department. Such license plate
or tag shall remain so fixed to the bicycle unless removed by order
of a court.
D.
License fee; transfer. The license fee to be paid
for each bicycle shall be an amount set by the Common Council[1] for the period of time the bicycle is owned by the registered
owner. All such license fees shall be paid over to the Clerk/Treasurer.
Licenses are not transferable from one bicycle to another.
[1]
Editor's Note: The City's current Fee Schedule
is on file in City offices.
E.
License renewal. All bicycle registrations shall be
renewed whenever the original license becomes illegible or is destroyed.
The license fee for renewal shall be an amount set by the Common Council.
Upon such registration a new license shall be furnished to the bicycle
owner or operator.
F.
Cancellation of registration. The Chief of Police
shall have the authority to cancel registration and remove the registration
plate from any bicycle being operated upon the streets of the City
of Gillett in an unsafe manner or in violation of any state law or
local ordinance, and such cancellation shall be in addition to other
penalties provided hereunder.
G.
Change of ownership. Within 10 days after any bicycle
registered hereunder shall have changed ownership or been dismantled
and taken out of operation, such information shall be reported to
the Chief of Police by the person in whose name the bicycle has been
registered.
H.
Violations. Any person violating any of the provisions of this section shall, upon conviction thereof, be punished by a fine as provided in Chapter 1, Article II of this Code, or the court may prohibit such person from riding a bicycle for a period not to exceed six months and may order such person's registration tag and registration card confiscated.
A.
Forfeiture penalty. Except as otherwise provided,
the penalty for violation of any provision of this chapter shall be
a forfeiture as hereinafter provided together with the costs of prosecution
and the penalty assessment imposed by § 757.05(1), Wis.
Stats., where applicable. Payment of the judgment may be suspended
by the sentencing judge for not more than 60 days. Any person who
shall fail to pay the amount of the forfeiture, costs of prosecution
and penalty imposed for violation of any provision of this chapter
may, upon order of the court entering judgment therefor and having
jurisdiction of the case, be imprisoned until such forfeiture, costs
and assessment are paid, but not exceeding 90 days.
B.
Other sanctions. Nothing herein shall preclude or
affect the power of the sentencing court to exercise additional authorities
granted by the Wisconsin Statutes to suspend or revoke the operating
privileges of the defendant or to order the defendant to submit to
assessment and rehabilitation or attend traffic safety school in addition
to payment of a monetary penalty or in lieu of imprisonment.
C.
Forfeitures for uniform traffic offenses. Forfeitures for violations of any traffic regulation set forth in the Wisconsin Statutes adopted by reference in § 19-1 of this chapter shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state statute, including any variations or increases for subsequent offenses; provided, however, that this subsection shall not permit prosecution under this chapter of any offense for which an imprisonment penalty may be imposed upon the defendant.
