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, 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 State-wide regulation of traffic on the highways, streets
and alleys of the State of Wisconsin.
[Added by Ord. No. 211]
Except as otherwise specifically provided in this chapter, the
Wisconsin Department of Transportation rules establishing motor vehicle
equipment standards and motor vehicle size, weight and load limits
as contained in Wis. Adm. Code Trans 305 exclusive of any provisions
therein relating to penalties to be imposed and exclusive of any regulations
for which the statutory penalty is a forfeiture 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 administrative code 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
State-wide regulation of traffic on the highways, streets and alleys
of the State. [Ref.: 1997 Wisconsin Act 190, Secs. 2 and 3; §§ 349.06(1)(c)
and (2), Wis. Stats., and cf. Town of East Troy v. A-li Service Company,
Inc., 196 Wis.2d 120, 537 N.W.2d 126 (Ct. App. 1995)]
(1)
Duty of the Chief of Police to erect and install uniform traffic
control devices. Whenever traffic regulations created by this chapter,
including a State traffic regulation, adopted by reference in sec.
7.01 of this chapter, require the erection of traffic control devices
for enforcement, the Chief of Police, with the cooperation of the
Village maintenance personnel, 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 Village.
(2)
Official Traffic Map.
(a)
Official Traffic Map established. There is hereby established for
the Village of Dresser an Official Traffic Map dated September 1,
1990, on which is indicated as of said date all existing stop signs;
arterial intersections; yield signs; no stopping, standing or parking
areas; prohibited U-turns; handicapped parking areas; loading zones;
school zones and school crossings; and children's play areas.
All such restrictions and limitations set forth on said Official Traffic
Map are hereby adopted by reference.
(b)
Additions to map. The Village Board 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 September 1, 1990, shall indicate
the number of the authorizing resolution and the date the appropriate
official traffic control device was erected, and every deletion shall
indicate the number of the authorizing resolution.
(c)
Map to be maintained. The Official Traffic Map shall be maintained
and displayed in the office of the Police Department. The Chief of
Police shall make appropriate authorized changes on said Map within
three working days after the appropriate official traffic control
device is erected or removed, as the case may be.
(d)
Violations prohibited. When official traffic control devices, giving
notice of the restrictions, prohibitions and limitations shown on
the Official Traffic Map, are erected and maintained in accordance
with the provisions of this section, a violation of the restriction,
prohibition or limitation shown on the Official Traffic Map shall
be a violation of the provisions of this chapter.
(3)
Prohibited signs and markers in highways. No person other than an
officer authorized by this chapter to erect and maintain official
traffic control devices, or his designee, shall place within the limits
of any street or highway maintained by the Village any sign, signal,
marker, mark or monument unless permission is first obtained from
the Chief of Police or the State Highway Commission. Any sign, signal,
marker, mark or monument placed or maintained in violation of this
subsection shall be subject to removal, as provided in sub. (4) below.
(4)
Removal of unofficial signs, signals, markers and traffic control
devices. The Chief of Police may direct the Village maintenance personnel
to remove any sign, signal, marker or other device which is placed,
maintained or displayed in violation of this chapter or State law.
Any charge imposed against premises for removal of a prohibited or
illegal sign, signal, marker or device shall be reported by the Village
maintenance personnel to the Village Board for review and certification
at its next regular meeting following the imposition of the charge.
Any charge not paid on or before the next succeeding November 15 shall
be placed upon the tax roll for collection as other special municipal
taxes.
(1)
Designation of location of stop signs and yield signs. In the interest
of public safety, the Village Board, by resolution, has designated
the location of stop and yield signs within the Village and has ordered
the installation of such signs. In addition, the location of such
signs is designated on the Official Traffic Map of the Village pursuant
to sec. 7.02 of this chapter.
(2)
Operators to obey traffic control devices. Every operator of a vehicle
approaching an intersection at which an official traffic control device
is erected, in accordance with this section, shall obey the direction
of such official traffic control device as required by the Wisconsin
statutes incorporated by reference in sec. 7.01 of this chapter. Operators
of vehicles approaching a stop sign shall stop before entering a highway
as required by § 346.46, Wis. Stats. Operators approaching
intersections at which a yield sign has been installed shall yield
the right-of-way to other vehicles, as required by § 346.18(6),
Wis. Stats.
(2)
Travel prohibited. No vehicle, except a motor bus, which is not equipped
with pneumatic tires or has a combined vehicle load weight exceeding
10,000 pounds shall be operated or moved on any street or alley not
a part of the heavy traffic route designated in sub. (1) above except
for the purpose of obtaining orders for, moving or delivering supplies
or commodities to or from a place of business or residence facing
thereon, provided that in no event shall the weight of the vehicle
and load on such other street exceed the limitations of §§ 348.15
and 348.16(3), Wis. Stats.
(3)
Signs. The Village maintenance personnel, upon the recommendation
of the Police Chief, shall cause to be secured and erected appropriate
signs to give notice of the heavy traffic routes.
(1)
Stopping, standing and parking regulated. Pursuant to § 349.13,
Wis. Stats., the authority to regulate the stopping, standing and
parking of vehicles is delegated to the Chief of Police, subject to
control of the Village Board. The Chief, with the cooperation of the
Village maintenance personnel, is hereby authorized to designate and
sign streets, or portions thereof, where the stopping, standing or
parking of vehicles is prohibited at all times or during certain designated
hours.
(2)
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 in the following places:
(a)
On West Avenue, from Main Street to the UFE, Inc., driveway.
(b)
In front of the Fire Station.
(c)
In front of the Community Building.
(d)
On S.T.H. 35 throughout the curb and gutter section.
[Added by Ord. No. 144]
(e)
On Main Street, within 115 feet of its intersection with S.T.H. 35.
[Added by Ord. No. 144]
(f)
On the west side of East Avenue South, from the intersection of East
Avenue South with C.T.H. F south along such west side to the intersection
of East Avenue South with the southerly corporate limits of the Village.
[Added by Ord. No. 184]
(3)
Parking prohibited during certain hours and periods. No person shall
park a vehicle for any longer than the period hereinafter specified
upon the following streets or portions of streets:
(a)
Except for school buses, on West Avenue on the west side of the St.
Croix Falls School during school hours.
(4)
Winter parking prohibited. No person shall park any vehicle for longer
than 30 minutes between 2:00 a.m. and 6:00 a.m., except physicians
on emergency call, on any Village street from November 1 to April
1.
(5)
Truck parking regulated.
(a)
No person shall, at any time, park, stop or leave standing, whether
attended or unattended, any trailer or semi-trailer, whether or not
attached or connected to a truck tractor or road tractor, on any street
or alley in any district zoned residential.
(b)
No person shall park, stop or leave standing, with the engine running,
any unattached truck tractor or road tractor on any street in any
district zoned residential, with the exception of cold weather warm-up.
(c)
No person shall park any truck or trailer with a gross weight of
25,000 pounds or more on any Village street having any incline unless
at least two wheels of the truck or trailer shall be adequately blocked
so as to prevent free rolling. Adequate block shall be construed to
mean solid wooden or metal blocks at least six inches high on two
sides and at least 16 inches long or standard D.O.T. chock blocks.
(6)
Parking in driveways prohibited. 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 upon which such driveway is located,
whether or not such driveway is posted to prohibit parking.
(7)
Street maintenance. Whenever it is necessary to repair a Village
street or any part thereof, the Village maintenance personnel shall
post such street or parts thereof with appropriate signs prohibiting
parking. 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.
(8)
Designated parking spaces. The Chief of Police, with the cooperation
of the Village maintenance personnel, shall cause lines or markings
painted upon the curb and/or upon the street or parking lot surface
for the purpose of designating a parking space. It shall be unlawful
to park any vehicle across any line or marking or to park a vehicle
in such position that the same shall not be entirely within the area
designated by such lines or markings.
(9)
Leaving keys in ignition prohibited. No person shall permit a motor
vehicle in his custody to stand or remain unattended on any street,
alley or in any other public place, except an attended parking area,
unless the starting lever, throttle, steering apparatus, gear shift
or ignition of said vehicle is locked and the key removed.
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 parking grounds or any facility of
the person providing the towing services. In addition to other penalties
provided by sec. 7.15 of this chapter, the owner or operator of a
vehicle so removed shall pay the cost of towing and storage.
(1)
Abandonment of vehicles prohibited. No person shall abandon any vehicle
unattended within the Village for such time and under such circumstances
as to cause the vehicle to reasonably appear to be abandoned.
(2)
Definition. As used in this section, "vehicle" means a motor vehicle,
trailer, semi-trailer or mobile home as defined in sec. 7.01 of this
chapter, whether or not such vehicle is registered under Ch. 341,
Wis. Stats.
(3)
Presumption of abandonment. Any vehicle left unattended for more
than 48 hours on any public street or grounds, or on private property
where parking is prohibited, limited or restricted, without the permission
of the owner or lessee, is deemed abandoned and constitutes a public
nuisance; provided that the vehicle shall not be deemed abandoned
under this section if left unattended on private property out of public
view, by permission of the owner or lessee.
(4)
Exceptions. This section shall not apply to a vehicle in an enclosed
building or a vehicle in an appropriate storage place or depository
maintained in a lawful place and manner authorized by the Village.
(5)
Removal and impoundment or sale. Any vehicle found abandoned in violation
of this chapter shall be impounded by the Police Department until
lawfully claimed or disposed of as provided in this section. If the
Chief of Police or his duly authorized representative determines that
towing costs and storage charges for 10 days, as provided in sub.
(6) below, would exceed the value of the vehicle, the vehicle may
be junked or sold prior to the expiration of the impoundment period
upon determination by the Chief of Police that the vehicle is not
wanted for evidence or any other reason; provided that vehicles in
excess of 19 model years of age shall be sold or disposed of only
by auction sale or sealed bid in accordance with sub. (8) below.
(6)
Minimum impoundment period. The minimum period of impoundment or
storage of a vehicle found in violation of this section shall be 10
days.
(7)
Notice to owner. The police officer removing or causing the removal
of any vehicle found in violation of this section shall immediately
notify the Chief of Police of the abandonment and location of the
impounded vehicle, and shall, within 10 days thereafter, notify the
owner and lienholders of record, by certified mail, of the impoundment
and of their right to reclaim the vehicle. The notice shall set forth
the information contained in § 342.40(3), Wis. Stats., and
shall state that the failure of the owner or lienholder to exercise
their right to reclaim the vehicle shall be deemed a waiver of all
right, title and interest in the vehicle and a consent to sale of
the vehicle.
(8)
Sale. Each retained vehicle not reclaimed by the owner or lienholder
may be disposed of by sealed bid or auction sale as provided in § 342.40(3),
Wis. Stats.
(9)
Sale to bar claims against vehicle. The sale of a motor vehicle under
the provisions of this section shall forever bar all prior claims
thereto and interest therein except as hereinafter provided.
(10)
Purchaser to remove vehicle. The purchaser of any vehicle on sealed
bid or auction sale under sub. (8) above shall have 10 days to remove
the vehicle from the storage area upon payment of a storage fee of
the actual cost of commercial storage for each day the vehicle has
remained in storage after the second business day subsequent to the
sale date. Ten days after the sale, the purchaser shall forfeit all
interest in the vehicle and the vehicle shall be deemed to be abandoned
and may be again sold.
(11)
Request for list. Any listing of vehicles to be sold pursuant to
this section shall be made available by the Clerk-Treasurer to any
interested person or organization who makes a request therefor.
(12)
Notice to Department. Within five days after the sale or disposition
of a vehicle under this section, the Clerk-Treasurer shall advise
the Wisconsin Department of Transportation of such sale or disposition
on a form supplied by the Department.
(13)
Owner may file claim. At any time within two years after the sale
of a motor vehicle, as provided herein, any person claiming ownership
of such motor vehicle or a financial interest therein may present
a claim to the Village Board setting forth such facts as are necessary
to establish such ownership or interest, and that the failure of the
claimant to reclaim the vehicle prior to the sale was not the result
of the neglect or fault of claimant. If the Board is satisfied as
to the justice of such claim, it may allow the same, but in no case
shall the amount allowed exceed the sum paid into the Village Treasury
as a result of the sale of such motor vehicle nor the amount of interest
of the claimant therein.
(14)
Exemption. Any owner or person operating a registered vehicle which
shall become disabled or inoperative for any reason and who shall
be unable to cause removal of such vehicle from any alley, street,
highway or public place not otherwise regulated as a restricted parking,
stopping or standing zone shall, within 12 hours of such occurrence,
notify the Police Department of the location of the vehicle and shall
transfer and deliver clear title for said vehicle to the Village together
with a fee for the cost of towing and junking charges and shall be
exempt from the provisions of this section. When so requested by the
owner or person in charge of a vehicle, the Chief of Police shall
be authorized to order such vehicle removed and junked directly from
the scene of disablement by the contractor engaged by the Village
for towing of disabled vehicles. The provisions of sub. (11) above
shall apply to any vehicle removed under this subsection.
No person shall make unnecessary and annoying noises with a
motor vehicle by squealing tires, excessive acceleration of engine,
or by emitting unnecessary and loud exhaust system noises.
Pursuant to the provisions of § 118.105, Wis. Stats.,
the following regulations shall apply to the grounds of the St. Croix
Falls School District located within the Village.
(1)
Parking. All parking on grounds of the St. Croix Falls School District
from 7:30 a.m. to 4:30 p.m. shall be by permission only and shall
be restricted to areas designated for parking by the School Board.
When signs are erected by the School Board giving notice of such restrictions,
no person shall park a motor vehicle in an area other than one for
which he shall have permission. All authorized visitors shall park
only in areas designated and signed for visitor parking.
(2)
Speed limits. No person shall at any time operate a motor vehicle
upon the St. Croix Falls School District grounds at a speed in excess
of 15 miles per hour.
(3)
Vehicles prohibited at specified times. No person shall at any time
operate a motor vehicle other than a school bus in or upon any drive
designated for buses only by sign during the hours of 7:30 a.m. to
9:00 a.m. and during the hours of 3:00 p.m. to 4:30 p.m. on any week
day during the months school is in session.
(4)
One-way traffic. No person shall operate a motor vehicle contrary
to the one-way traffic signs posted on any school drive.
[Amended by Ord. No. 225]
(1)
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, as follows:
|
350.01
|
Definitions
| |
|
350.02
|
Operation of Snowmobiles on or in the Vicinity of Highways
| |
|
350.03
|
Right-of-Way
| |
|
350.035
|
Meeting of Snowmobiles
| |
|
350.04
|
Snowmobile Races, Derbies and Routes
| |
|
350.045
|
Public Utility Exemption
| |
|
350.047
|
Local Ordinance to be Filed
| |
|
350.05
|
Operation by Youthful Operators Restricted
| |
|
350.07
|
Driving Animals
| |
|
350.08
|
Owner Permitting Operation
| |
|
350.09
|
Head Lamps, Tail Lamps, and Brakes, etc.
| |
|
350.095
|
Noise Level Requirements
| |
|
350.10
|
Miscellaneous Provisions for Snowmobile Operation
| |
|
350.101 to 350.107
|
Intoxicated Snowmobiling
Officer's Action After Arrest for Operating a Snowmobile
While Under Influence of Intoxicant
| |
|
350.11
|
Penalties
| |
|
350.12
|
Registration of Snowmobiles; Trail Use Stickers
| |
|
350.13
|
Uniform Trail Signs and Standards
| |
|
350.135
|
Interference with Uniform Trail Signs and Standards Prohibited
| |
|
350.15
|
Accidents and Accident Reports
| |
|
350.155
|
Coroners and Medical Examiners to Report; Require Blood Specimen
| |
|
350.17
|
Enforcement
| |
|
350.18
|
Local Ordinances
| |
|
350.19
|
Liability of Landowners
| |
|
350.99
|
Parties to a Violation
|
(2)
Applicability of rules of the road to snowmobiles. Pursuant to § 346.02(10),
Wis. Stats., the operator of a snowmobile upon a roadway shall, in
addition to the provisions of Ch. 350, Wis. Stats., be subject to
§§ 346.04, 345.06, 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)
Designated snowmobile route.
(a)
Snowmobiles may be operated in the Village on the highways designated
as routes which form a part of the Polk County Snowmobile Trail system
located in Sections 7 and 8 of Township 33 North, Range 18 West, Village
of Dresser, Polk County, Wisconsin.
(c)
Snowmobiles operating on any highway designated as a snowmobile route
shall operate subject to the following limitations:
1.
Snowmobiles shall be operated on the extreme right side of the roadway.
2.
Left turns shall be made as safely as possible from any position
depending on snow cover and other prevailing conditions.
3.
Snowmobile operators shall yield right-of-way to other vehicular
traffic and pedestrians.
4.
Highways designated for snowmobile operation shall be marked in accordance
with § 350.13, Wis. Stats.
5.
Snowmobile operation is not permitted on State trunk highways or
connecting highways except as provided under § 350.02, Wis.
Stats.
(4)
Residential access. For the purposes set forth in §§ 350.02(2)(a)6
and 350.18(3), Wis. Stats., this section allows the operation of snowmobiles
on the roadway and on the shoulder of a highway for any portion of
a highway that lies within the boundaries of the Village for the purpose
of residential access, or for the purpose of access from lodging to
the designated snowmobile route described in the sec. 7.10(3) of this
chapter.
(5)
Penalty. Unless specifically provided for elsewhere in statute or
in this Code, any person who shall violate any of the provisions of
this section shall be subject to a forfeiture as provided in sec.
25.04 of this Code.
[Amended by Ord. No. 198]
(1)
Restrictions.
(a)
No person shall operate or ride a skateboard, roller skates, roller
blades, roller skis or play vehicle as defined in § 340.01,
Wis. Stats., in any of the following places:
1.
On any sidewalk or street in any commercial district, such as Main
Street, C.T.H F and East Avenue, or any State highway.
2.
In any public parking ramp or parking lot.
3.
On any public property where signs prohibit it.
4.
On private property, unless permission has been obtained from the
owner, lessee or person in charge of that property.
(b)
No person shall operate or ride a bicycle on a sidewalk where signs
prohibit it.
(c)
Bicyclists and operators or riders of skate boards, roller skates,
roller blades, roller skis or play vehicles shall yield the right-of-way
to pedestrians using Village sidewalks and shall not otherwise endanger
or interfere with pedestrian traffic on those sidewalks.
(2)
Penalty.
(a)
First offense. The item shall be confiscated by the Police Department
and returned only after a conference between the Police Department,
the child and the child's parents if a juvenile. If an adult,
the penalty shall be the same forfeiture as for a second offense.
(b)
Second offense. The item shall be confiscated by the Police Department
and returned only after a conference between the Police Department,
the child and the child's parents plus a penalty of $25 and court
costs.
(c)
Third offense. The item shall be confiscated by the police and returned
only after a conference between the Police Department, the child and
the child's parents plus a penalty of $50 and court costs.
[Added by Ord. No. 153]
In accordance with § 349.21, Wis. Stats., all school
bus operators shall use flashing red warning lights in residential
or business districts in the Village when pupils or other authorized
passengers are to be loaded or unloaded at a location at which there
are no traffic signals and such persons shall cross the street or
highway before being loaded or after being unloaded. Violations of
this section shall be subject to the penalties set forth in sec. 7.15
of this chapter.
[Added by Ord. No. 226]
(1)
Compression braking prohibited. No person shall, in the operation
of any motor vehicle within the corporate limits of the Village, use
brakes on that motor vehicle which are in any way activated by or
operated by the compression of the engine of the motor vehicle or
of any unit or part thereof. For the purposes of this section, the
term "jake braking" may be used interchangeably with that of compression
braking and shall refer to the same practice of braking a motor vehicle.
(2)
Emergency vehicles exempt from application of this section. This
section shall not be applied to or against the use of compression
braking on official municipal motor vehicles used in association with
emergency responses.
[Added by Ord. No. 224]
(1)
Intent. The Village of Dresser, Polk County, Wisconsin, upon due
consideration of the recreational value and opportunities for all-terrain
vehicle operation within the Village and in the interest of protecting
the public health, safety and welfare, adopts the following all-terrain
vehicle routes for the operation of all-terrain vehicles upon the
roadways listed in sub. (4) below.
(2)
Authority. This section is adopted under the authority granted in,
and in conformity with § 23.33(8)(b) and (11)(am), Wis.
Stats.
(3)
State statutes adopted. The following provisions of § 23.33,
Wis. Stats., are hereby adopted:
|
23.33(1)
|
Definitions [including subs. (a) through (o)]
| |
|
23.33(2)
|
Registration
| |
|
23.33(3)
|
Rules of Operation [including subs. (a) through (i)]
| |
|
23.33(3g)
|
Use of Headgear [including subs. (a) through (d)]
| |
|
23.33(4)
|
Operation on or Near Highways [including subs. (a) through (e)]
| |
|
23.33(4c)
|
Intoxicated Operation of an All-Terrain Vehicle [including subs.
(a) through (b)]
| |
|
23.33(4g)
|
Preliminary Breath Screening Test [including subs. (a) through
(d)]
| |
|
23.33(4j)
|
Applicability of the Intoxicated Operation of an All-Terrain
Vehicle Law
| |
|
23.33(4L)
|
Implied Consent
| |
|
23.33(4p)
|
Chemical Tests [including subs. (a) through (e)]
| |
|
23.33(4t)
|
Report Arrest to Department
| |
|
23.33(4x)
|
Officer's Action After Arrest for Operating an All-Terrain
Vehicle While Under Influence of Intoxicant
| |
|
23.33(4z)
|
Public Education Program [including subs. (a) through (b)]
| |
|
23.33(5)
|
Age Restrictions; Safety Certification Program [including subs.
(a) through (c)]
| |
|
23.33(6)
|
Equipment Requirements [including subs. (a) through (e)]
| |
|
23.33(6m)
|
Noise Limits
| |
|
23.33(7)
|
Accidents [including subs. (a) through (b)]
| |
|
23.33(8)
|
Routes and Trails [including subs. (a) through (f)]
| |
|
23.33(12)
|
Enforcement [including subs. (a) through (b)]
| |
|
23.33(13)
|
Penalties [including subs. (a) through (f)]
|
(4)
Routes. The following are designated as all-terrain vehicle routes
in the Village:
(a)
State Street (C.T.H. F), from its intersection with C.T.H. MM westerly
to its intersection with East Avenue.
(b)
East Avenue, from its intersection with C.T.H. F northerly to a point
adjacent to the Town of Osceola Town Hall.
(c)
Second Street.
(d)
Main Street.
(e)
Central Avenue, between Main Street and State Street.
(5)
Rules of operation. No person may:
(a)
Operate an all-terrain vehicle in excess of posted speed limits.
(b)
Operate an all-terrain vehicle in excess of 10 miles per hour when
within 150 feet of any dwelling.
(c)
Operate an all-terrain vehicle between the hours of 8:00 p.m. and
6:00 a.m. on any Village street regardless of whether such street
has been designated as an all terrain vehicle route.
(7)
Enforcement. This section shall be enforced by any law enforcement
officer authorized to enforce the laws of the State, and, in particular,
pursuant to the provisions of. § 23.33(12), Wis. Stats.
(8)
Penalties. State all-terrain vehicle penalties as found in § 23.33(13)(a),
Wis. Stats., are hereby adopted by reference.
(9)
Severability. The provisions of this section shall be deemed severable
and it is expressly declared that the Village 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 the section and the application of such
provisions to other person's circumstances shall not be deemed
affected.
The penalty for violation of any provision of this chapter shall
be a forfeiture as hereafter provided, together with statutory court
costs and penalty assessment, 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 statute 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. The penalty for violations of secs. 7.02 through
7.12 of this chapter shall be as provided in sec. 25.04 of this Code.
(4)
Penalty for parking violations. Notwithstanding any other penalty
provided in this chapter, the forfeiture for parking violations other
than those violations contained in the State statutes, as adopted
by reference in sec. 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:
[1]
Editor's Note: This section was renumbered as Sec. 7.15
by Ord. No. 153.
(1)
Enforcement procedure. This chapter shall be enforced in accordance
with the provisions of §§ 345.20 to 345.53, Ch. 229
and § 66.0114, Wis. Stats.
(2)
Duty of police to enforce. Village police officers shall enforce
all the provisions of this chapter. Parking attendants are authorized
to issue citations for nonmoving violations.
(3)
Uniform citation. The uniform citation promulgated under § 345.11,
Wis. Stats., shall be used for all moving and nonmoving traffic violations,
except parking violations.
(4)
Notice of demerit points and receipts. Every officer accepting a
forfeited penalty or money deposit under this chapter shall receipt
therefor in triplicate as provided in § 345.26(3)(b), Wis.
Stats. Every officer accepting a stipulation under the provisions
of this chapter shall comply with the provisions of §§ 343.27,
343.28, 345.26(1)(a) and 345.27(2), Wis. Stats.
(5)
Parking citations. Citations for all parking violations under this
chapter shall conform to § 345.28, Wis. Stats., and shall
permit direct mail payment of the applicable forfeiture to the Police
Department within 10 days of the issuance of the citation in lieu
of a court appearance. Overtime parking forfeitures may be deposited
at the Clerk-Treasurer's office. The citation shall specify thereon
the amount of the applicable forfeiture as provided in this chapter.
(6)
Registration record of vehicle as evidence. When any vehicle is found
upon a street, highway or other public right-of-way in violation of
any provision of this Code regulating the stopping, standing or parking
of vehicles and the identity of the operator cannot be determined,
the owner, as shown by the ownership registration of the vehicle supplied
by the Wisconsin Department of Transportation, or a comparable authority
of any other state, shall be deemed to have committed the violation
for purposes of the enforcement of this section and shall be subject
to the applicable forfeiture penalty; provided, however, that the
defenses defined and described in § 346.485(5), Wis. Stats.,
shall be a defense for an owner charged with such violation.
(7)
Traffic violation and registration program. Pursuant to the provisions
of § 345.28(4), Wis. Stats., the Village elects to participate
in the nonmoving traffic violation and registration program of the
Wisconsin Department of Transportation and pay the costs established
by the Department under § 85.13, Wis. Stats.; such costs
shall in turn be assessed against persons charged with nonmoving traffic
violations. The Village Attorney shall be responsible for complying
with the requirements set forth in § 345.28(4), Wis. Stats.
(8)
Deposit schedule. Every police officer issuing a citation for any
violation of this chapter shall indicate on the citation the amount
of the deposit that the alleged violator may make in lieu of court
appearance. The amount of the deposit shall be determined in accordance
with the Village Bond Schedule, which is hereby adopted by reference.
(9)
Disposition of deposits; officers to post bond, qualify. Any police
officer accepting deposits or forfeited penalties under this chapter
shall deliver them to the Municipal Clerk of Courts within 20 days
after receipt, except for parking forfeitures which shall be turned
over to the Clerk-Treasurer. Any officer authorized to accept deposits
under § 345.26, Wis. Stats., or this chapter shall qualify
by taking the oath and filing an official bond in the sum of $100
as provided by § 19.01, Wis. Stats.
[Amended by Ord. No. 195]
[1]
Editor's Note: This section was renumbered as Sec. 7.16
by Ord. No. 153.
