A.
Forty-eight-hour limitation. No person, firm or corporation shall
park or leave standing any automobile, truck, tractor, trailer, machinery
or vehicle of any description on any public streets or public parking
lots in the Village of Benton 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 or she 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 towed to the facility of the person providing
the towing service and in such case the owner shall pay the costs
of removing said vehicle and the storage fees on said vehicle before
he or she 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 Village Code.
(3)
The Chief of Police/Officer in Charge 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 portions 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 stall 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/Officer
in Charge is authorized to direct that temporary no parking signs
be erected by the Director of Public Works during 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.
C.
Parking during 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 and/or Police Departments
of the Village indicating no parking due to snow removal.
D.
Parking on alternate days.
[Amended 8-20-2008; 2-18-2009; 9-21-2022 by Ord. No. 2022-01]
(1)
Between November 1 and April 1, vehicles shall be parked only on
the even-numbered side of the street on even-numbered calendar days,
and on the odd-numbered side of the street on odd-numbered calendar
days, between the hours of 12:00 midnight and 8:00 a.m. This subsection
does not apply to any street for which more stringent or restrictive
parking restrictions are in effect.
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; and
B.
The owner of the vehicle is on the premises, owns or resides there;
and
C.
The vehicle displayed for sale is parked entirely on the premises;
and
D.
The premises contains only one vehicle displayed for sale; and
E.
The advertisement or sign for sale of the vehicle is not larger than
two square feet.
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.
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 Benton between the hours of 10:00 p.m. and 7:00 a.m.
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 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.
Angle parking or parking diagonally is prohibited on all the
streets, alleys and highways of the Village. All vehicles shall park
parallel to, and within one foot of, the curb.
A.
Snow emergency; definition.
(1)
The Village Board of the Village of Benton hereby declares that an
emergency exists in the Village whenever either of the following occur:
(a)
Snow and/or ice accumulates on Village streets and alleys in an amount
sufficient to hinder the safe movement of traffic thereon or to impede
the ability of emergency vehicles and public transportation vehicles
to travel safely and expeditiously over such streets or areas; or
(b)
The Director of Public Works has reviewed the situation in terms
of public safety and declared a snow emergency.
(2)
Such declaration is made by the Director of Public Works notifying
two designated radio stations by no later than 10:00 p.m. of the Village's
snow emergency. No person shall park any motor vehicle, or leave any
motor vehicle parked, upon any street or alley within the Village
during any period of time in which snow or ice has accumulated, where
snow emergency conditions exist, until snow has been plowed or removed
from such street or alley.
B.
Effective date. This section shall be effective only from November
1 to April 1 of each snow season.
D.
Notice. Enforcement of this section shall not require posting on
affected streets but posting shall be placed or erected at or reasonably
near the corporate limits on all streets informing motorists that
snow emergency regulations are in effect.
E.
Violations. Owners of vehicles parked in violation of this section
shall be subject to prosecution as provided in this chapter. In the
event of a violation the Village shall have the power to have vehicle
towed to the facility of the person providing the towing service.
The cost of such towing shall be added to the forfeiture.
No person other than the owner or operator thereof shall remove
a Village parking ticket from a motor vehicle.
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 ramp or in any private parking lot or ramp held out for the use
of parking for the general public.
B.
Traffic regulations applicable. All provisions of § 320-1 of this chapter and of the Wisconsin Statutes and laws incorporated herein by reference shall be applicable on any public parking lot or ramp and on any private parking lot, road or ramp held out for use for the general public for parking or vehicular traffic.
C.
Storage of vehicles on municipal parking lots. No motor vehicle or
movable machinery shall be parked on any municipally owned parking
lot within the Village for more than 48 hours during any one time
interval.
A.
Hazard to public safety. Any vehicle parked, stopped or standing
upon a highway or public parking lot or ramp in violation of any of
the provisions of this chapter is declared to be a hazard to traffic
and public safety.
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 have vehicle
towed to the facility of the person providing the towing service.
D.
Removal by private service. The officer may have the vehicle towed
to the facility of the person providing the towing service.
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 § 320-20.
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 Benton.
Pursuant to the provisions of § 118.105, Wis. Stats.,
the following regulations shall apply to the grounds of the public
school district located within the Village of Benton:
A.
Parking. No person shall park any vehicle on any school district
premises except in conformity with posted parking regulations.
B.
Speed limits. No person shall, at any time, operate a motor vehicle
upon any school district premises at a speed in excess of 10 miles
per hour if such a speed limit is posted.
C.
Vehicles prohibited at specified times. No person shall, at any time,
operate a motor vehicle other than a school bus or emergency vehicle,
in or upon any drive designated for buses only during the hours of
7:00 a.m. to 9:00 a.m., and during the hours of 3:00 p.m. to 4:30
p.m. on any day school is in session.
D.
State traffic forfeiture laws adopted. The provisions of Chs. 110,
194, and 340 through 349, Wis. Stats., as amended, which villages
may lawfully adopt are hereby adopted by reference and made a part
of this section as if fully set forth herein. All such provisions
shall apply to all school district premises. Any act required to be
performed or prohibited by any statute incorporated herein by reference
is required or prohibited by this section.
E.
Miscellaneous rules.
A.
Street parking. No person owning or having control of any truck,
trailer, truck power unit, tractor, bus or recreation vehicle in excess
of 12,000 pounds licensed vehicle weight, or over 24 feet in length,
or having an enclosed area of height of more than eight feet from
the roadway, shall park the same upon any street, avenue or public
right-of-way in the Village zoned residential or adjacent to residential
areas. The provisions of this subsection shall not be deemed to prohibit
the lawful parking of such equipment upon any street, avenue or public
way in the Village for construction, building, landscaping or related
purposes, or for the actual loading or unloading of goods, ware or
merchandise; providing, however, the uses as described in this section
shall be limited to the actual time consumed in such operations or
while such operations continue.
B.
Boats, boat trailers, animal trailers, snowmobiles, snowmobile trailers,
and other unmotorized trailers, or off-road motor vehicles shall not
be parked upon any street, avenue, or public right-of-way.
C.
Removal. Any vehicle unlawfully parked under Subsections A and B above, may be removed from the street by order of a law enforcement officer, pursuant to § 320-20, and the expense of so moving and storing such vehicle shall be paid by the operator or owner of said vehicle as a forfeiture in addition to the penalties hereafter prescribed.
D.
The Police Department may issue temporary permits for parking the
above-mentioned vehicles not to exceed 48 hours.
