[Amended by Ord. No. 540]
Except as otherwise specifically provided in this chapter, the
statutory provisions in Chs. 340 to 348, Wis. Stats., and Ch. Trans
305, Wis. Adm. Code, Standards for Vehicle Equipment, 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 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 of Wisconsin.
[Added 4-12-2011 by Ord. No. 557]
(1) Purpose. The purpose of this section is to regulate the operation
of low-speed vehicles on City roadways.
(2) Definitions. As used in this section, the following terms shall have
the meanings indicated:
LOW-SPEED VEHICLE (LSV)
A motor vehicle that conforms to the definition and requirements
for low-speed vehicles as adopted in the federal motor vehicle safety
standards for low-speed vehicles under 49 CFR 571.3(b) and 571.500.
"LSV'' does not include a golf cart.
(3) Operation of low-speed vehicle. A person may operate a LSV on a roadway,
including any connecting highway or to an intersection where the roadway
crosses a state trunk highway, within the City of Nekoosa that has
a speed limit of 35 miles per hour or less and over which the City
of Nekoosa has jurisdiction, subject to the following restrictions:
(a)
LSVs shall be four-wheeled and have a maximum speed range of
at least 20 miles per hour and not more than 25 miles per hour on
a paved surface and have a gross vehicle weight of less than 3,000
pounds.
(b)
The person operating the LSV must hold a valid operator's license.
(c)
The LSV shall be titled and registered by the State of Wisconsin
Department of Transportation, and the license shall be issued to the
owner of the LSV.
(d)
Operation on connecting highways or crossing state trunk highways
shall be restricted on streets where the speed limit is greater than
35 miles per hour.
(e)
LSV headlamps must be on during operation.
(4) Saving clause. If any provision of this section shall be less restrictive
than applicable state statutes or in conflict with such statutes,
as they exist at passage hereof or as they may hereafter be amended,
then, in such case, the state statute shall supersede the provision
hereof to the extent applicable.
(5) Penalties. Any person who shall violate any provision of this section shall be subject to a penalty as provided in §
25.04 of the Nekoosa Municipal Code.
[Added 9-11-2018 by Ord.
No. 598]
(1) Designation of all-terrain vehicle routes and regulatory operation of all-terrain vehicles. The City of Nekoosa, Wood County, adopts the following all-terrain and/or utility terrain vehicle route and for the regulation of ATVs/UTVs operation upon the roadways listed in Subsection
(4).
(2) This section is adopted as authorized under authority under Wis.
Stats. §§ 23.33(4)(d)3b, 23.33(8)(b), 23.33(11)(am)(3),
and (4); and all provisions of § 23.33 regulating ATV/ UTV
operation are adopted.
[Amended 5-14-2019 by Ord. No. 602]
(3) Definitions. As used in this section, the following terms shall have
the meanings indicated:
ALL-TERRAIN VEHICLE (ATV)
A commercially designed and manufactured motor-driven device
that has a weight, without fluids, of 900 pounds or less, has a width
of 150 inches or less, is equipped with a seat designed to be straddled
by the operator, and travels on three or more low-pressure tires or
nonpneumatic tires.
UTILITY TERRAIN VEHICLE (UTV)
(a)
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, minitruck, 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:
1.
A weight, without fluids, of 2,000 pounds or less.
2.
Four or more low-pressure tires or nonpneumatic tires.
7.
A width of not more than 65 inches.
8.
A system of seat belts, or a similar system, for restraining
each occupant of the device in the event of an accident.
9.
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.
(b)
A commercially designed and manufactured motor-driven device
to which all of the following applies:
1.
It has a weight, without fluids, of more than 900 pounds but
not more than 2,000 pounds.
2.
It has a width of 50 inches or less.
3.
It is equipped with a seat designed to be straddled by the operator.
4.
It travels on three or more low-pressure tires or nonpneumatic
tires.
ALL-TERRAIN VEHICLE ROUTE
A highway or sidewalk designated for use by all-terrain vehicle
operators by the governmental agency having jurisdiction as authorized
under this section.
(4) All City-maintained
streets are designated as ATV/ UTV routes.
[Amended 5-14-2019 by Ord. No. 602]
(5) Under Wis. Stats. § 23. 33(11)(am)4, the City of Nekoosa
authorizes the operation of ATVs/ UTVs on all state and county trunk
highways that have a speed limit of 35 miles per hour or less.
[Amended 5-14-2019 by Ord. No. 602]
(6) The City of Nekoosa authorizes the operation of ATVs and UTVs on
the STH 73 bridge over the Wisconsin River from Market Street (STH
173) to the City of Nekoosa/Town of Saratoga boundary line.
[Amended 5-14-2019 by Ord. No. 602]
(7) The City of Nekoosa or its designee will maintain all route and related
signage within the City of Nekoosa.
(8) The following conditions shall apply to all operators and passengers
as applicable:
(a) Operation shall be subject to all provisions of § 23.33,
Wis. Stats.
(b) All ATV/UTV operators shall observe posted roadway speed limits and
provisions of § 346, Wis. Stats.
(c) All ATV/UTV operators shall ride single file.
(d) Operation within any municipal park unless specifically designated
is prohibited.
(9) This section shall be enforced by any law enforcement officer authorized
to enforce the laws of the State of Wisconsin.
(10) Wisconsin State all-terrain vehicle penalties as found in § 23.33
(13) (a) Wis. Stats., are adopted by reference.
(11) The provision of this section shall be deemed severable and it is
expressly declared that the City of Nekoosa would have passed the
other provisions of this section irrespective of whether or not one
or more provisions may be declared invalid. If any provision of this
section or the application to any person or circumstances is held
invalid, the remainder of this section and the application of such
provisions to other person's circumstances shall not be deemed affected.
The Council hereby determines that the statutory speed limits
on the following streets or portions thereof are unreasonable, unsafe
and imprudent and modifies such speed limits as follows:
(1) Speed limits increased. Speed limits are increased on the following
designated streets or portions thereof:
(a) Thirty-five miles per hour.
1. Prospect Avenue, from First Street to the north City limits.
[Amended by Ord. No. 544; 9-14-2021 by Ord. No. 609]
2. Cranmoor Road, from 200 feet west of Section Street to the west City
limits.
3. Point Basse Avenue, from Dellwood Lane to the south City limits.
[Amended by Ord. No. 486]
4. Wood Avenue, from Cedar Street west to the City limits.
5. Section Street, from 300 feet south of Hillcrest Lane to the south
City limits.
[Amended by Ord. No. 465]
(b) Forty-five miles per hour.
[Added by Ord. No. 544]
2. Wood Avenue, from Waterworks Road to the west City limits.
(2) Speed limits decreased. The speed limits are decreased, as hereinafter
set forth, upon the following streets or portions thereof:
(a) Fifteen miles per hour when children are present.
1. On Section Street, from the northerly line of the property line of
the City Little League diamonds to Buehler Avenue.
[Amended by Ord. No. 514]
2. On Buehler Avenue, from Section Street to Park Street.
3. On Park Street, from Buehler Avenue to Market Street.
4. On Market Street, from Park Street to Section Street.
5. On Crestview Lane, from Section Street to Cedar Street.
6. On Gertrude Avenue, from Cranmoor Road to West Fifth Street.
7. On Crestview Lane, from Cedar Street to Birch Street.
[Added by Ord. No. 483]
8. On Birch Street, from Wood Avenue south.
[Added by Ord. No. 483]
Any vehicle parked or left standing upon a highway, street or alley or other public grounds in violation of any of the provisions of this chapter is declared to be a hazard to traffic and public safety. Such vehicle shall be removed by the operator, upon request of any police officer, to a position where parking, stopping or standing is not prohibited. Any police 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 not prohibited. 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 who performs vehicle towing services to remove and store such vehicle in any storage garage or rental parking grounds or any facility of the person providing the towing services. In addition to other penalties provided by §
7.14 of this chapter, the owner or operator of a vehicle so removed shall pay the cost of towing and storage.
[Amended 7-10-2012 by Ord. No. 566]
No person shall leave any vehicle unattended within the City
for such time and under such circumstances as to cause the vehicle
to reasonably appear to be abandoned. The procedure for removing and
disposing of abandoned vehicles, as prescribed in § 342.40,
Wis. Stats., is hereby adopted by reference.
No person shall, within the City, on public or private property,
by or through the use of a motor vehicle, motorcycle, snowmobile or
minibike, under circumstances which tend to cause or provoke a disturbance
or annoy one or more persons, engage in violent, abusive, unreasonably
loud or otherwise disorderly conduct, including, but not limited to,
unnecessary or deliberate or intentional spinning of wheels, squealing
of tires, revving of the engine, blowing the horn, causing the engine
to backfire, or causing the vehicle, while commencing to move or be
in motion, to have one or more of its wheels off the ground. Such
conduct is hereby declared to be both unlawful and a nuisance.
[Amended by Ord. No. 539; 7-10-2012 by Ord. No. 566; 9-11-2018 by Ord. No.
599]
(1) Off-highway vehicles and state snowmobile laws adopted. Except as
otherwise specifically provided in this chapter, the Wisconsin statutory
provisions describing and defining regulations with respect to snowmobiles
and off-highway vehicles in the following sections of the Wisconsin
Statutes are hereby adopted by reference and made 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, as follows:
§ 23.119
|
Off-highway vehicle
|
§ 23.335
|
Off-highway motorcycles
|
§ 350
|
Snowmobiles
|
(2) Applicability of rules of the road to snowmobiles. The operator of
an off-highway vehicle or snowmobile upon a roadway shall, in addition
to the provisions of Ch. 350, Wis. Stats., be subject to §§ 346.04,
346.06, 346.11, 346.14(1), 346.18, 346.19, 346.20, 346.21, 346.26,
346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47,
346.48, 346.50(1)(b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.87,
346.88, 346.89, 346.90, 346.91, 346.92(1) and 346.94(1) and (9), Wis.
Stats.
(3) Snowmobile and other off-highway vehicle operation in City restricted.
(a) General. It shall be unlawful to operate any snowmobile or any other
motor-driven craft or vehicle principally manufactured for off-highway
use on the City streets, alleys, parks, parking lots, or on any public
lands or private lands or parking lots held open to the public. The
operator shall at all times have the written consent of the owner
before operation of such craft or vehicle on private lands.
(b) Exception. Snowmobiles may be operated on designated and marked snowmobile
trails established by the Council.
(c) Exception. All-terrain vehicles/utility terrain vehicles may be operated pursuant to Nekoosa City Code §
7.04.
(4) Hours of operation restricted. No person shall operate a snowmobile
or other off-highway vehicle anywhere within the City between the
hours of 12:00 midnight and 7:00 a.m., except to return to the operator's
place of residence.
(5) 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.
(6) Operation while under influence prohibited. Section 350.101, Wis.
Stats., shall apply to the operation of a snowmobile in any place
within the City.
(7) Penalty. Any person who shall violate any of the provisions of this
section shall be subject to a forfeiture of $50 to $100 for the first
offense, $100 to $200 for the second offense and $200 to $500 for
subsequent offenses, together with the costs of prosecution. Any minor
14 years of age or over may be prosecuted for any violation of this
section pursuant to §§ 48.37, 938.17(2), 938.237 and
938.343, Wis. Stats. A separate offense shall be deemed committed
on each day a violation of this section occurs or continues.
(8) Clerk to file section. Pursuant to § 350.047, Wis. Stats.,
the City Clerk is hereby authorized and directed to send a copy of
this section to the Department of Natural Resources, the Nekoosa Police
Department and the Wood County Sheriff's Department.
No person shall operate a skateboard on the sidewalks in any
business district.
The penalty for violation of any provision of this chapter shall
be a forfeiture as hereinafter provided, together with statutory court
costs and penalty assessments, if applicable.
(1) State forfeiture statutes. Forfeitures for violation of §§ 340.01
to 348.28, Wis. Stats., shall conform to the forfeiture permitted
to be imposed for violation of the statutes adopted by reference,
including any variations or increases for subsequent offenses.
(2) State fine statutes. The forfeiture for violation of any statute
adopted by reference hereunder for which the penalty is a fine shall
not exceed the maximum fine permitted under such statute.
(3) Local regulations. Except as otherwise specifically provided in this chapter, the penalty for violations of §§
7.02 through
7.13 of this chapter shall be as provided in §
25.04 of this Code.
(4) Penalty for overtime parking violations. Notwithstanding any other penalty provided in this chapter, the forfeiture for overtime parking violations, other than those violations contained in the state statutes, as adopted by reference in §
7.01 of this chapter, shall be as hereinafter provided, in addition to any costs associated with the prosecution thereof which are required or authorized by state statute or administrative regulation, as follows:
[Amended by Ord. No. 461]
(a) Ten dollars if paid within 72 hours of the issuance of the violation
citation.
(b) Twenty dollars if paid after 72 hours.