Village of Bellevue, WI
Brown County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Bellevue Board 4-15-1998 as Ch. 7 of the 1998 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 326.
Parks and recreation — See Ch. 335.
Peace and good order — See Ch. 341.
Salvage yards — See Ch. 362.
Solid waste and recycling — See Ch. 391.
Streets and sidewalks — See Ch. 404.
Subdivision of land — See Ch. 410.
[Amended 10-27-2010[1]]
Except as otherwise specifically provided in this chapter, the statutory provisions or rules of the Department of Transportation in Chs. 340 to 348 and § 941.01(1), Wis. Stats., describing and defining regulations with respect to vehicles and traffic, 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 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 or rules of the Department of Transportation incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the statutes or rules of the Department of Transportation incorporated herein are intended to be made part of this chapter in order to secure uniform statewide regulation of traffic on the highways, streets, roads and alleys of Wisconsin.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Original § 7.02, Operation of motor vehicles, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Official Traffic Map.
(1) 
Official Traffic Map established. There is hereby established an Official Traffic Map for the Village of Bellevue upon which shall be indicated no parking areas, speed limits, stop signs, arterial intersections, yield signs, and all other restrictions or limitations contained in this chapter, as from time to time amended or modified by the Village Board, when the laws of the State of Wisconsin require the erection or use of official traffic control devices to enforce such restrictions or limitations. Said map is hereby made a part of this chapter.
(2) 
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) 
Map to be maintained. A copy of the Official Traffic Map shall be maintained and displayed in the office of the Village Clerk-Treasurer.
(4) 
Additions to map. The Village Board may from time to time make additions to or deletions from the Official Traffic Map by resolution, and the Director of Public Works or his designated representative shall keep such Official Traffic Map current.
(5) 
The Director of Public Works is hereby authorized and directed to procure, erect or cause to be erected and maintain appropriate standard traffic signs, signals and markings conforming to the rules of this chapter and as required by state law. Signs shall be erected in such locations and manner as to give adequate warning to users of the street or highway.
B. 
Removal of unofficial traffic signs and signals. The Director of Public Works shall have the authority 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 imposed on a premises for removal of an illegal sign, signal or device shall be reported to the Village Board at its next regular meeting for review and certification.
A. 
Definitions. The following terms shall have the meanings indicated:
ADMINISTRATIVE RULE
The specific requirements that may be created to regulate the storage of unlicensed motor vehicles: number of vehicles, size of enclosures (height, width, etc.), color, type of material, location, restrictions to certain zones only, etc.
APPLICATION
A written form upon which a request is made for a permit.
ENCLOSURE
The type of construction required to hide and harbor vehicles from public view.
JUNKED VEHICLE
Any abandoned, disassembled, dismantled, inoperable or wrecked instrument by which someone travels or something is conveyed, either by wheels, runners or tracks.
LICENSED
Any license that is required to be carried by any motor-driven vehicle when driven, used or propelled upon the public highway.
MOTOR VEHICLE
Any vehicle that is or may be propelled upon the public highway.
OWNER
Considered to be the person or persons who occupy the premises and who may or may not be the responsible person or persons to harbor such unlicensed motor vehicle.
PERMIT
The written authority given by the Village Board to allow storage of unlicensed motor vehicles.
SALVAGE DEALERS
Dealers regulated by § 175.25, Wis. Stats.
STORAGE
The placement of a vehicle upon real property described in the Village assessment and tax roll.
UNLICENSED MOTOR VEHICLE
A vehicle required to be licensed by the State Department of Transportation when driven or propelled upon a public road but which is not so licensed.
ZONED or ZONING
Any land use control ordinance, county or Village, that may be in force.
B. 
Unlicensed motor vehicles. No unlicensed motor vehicle shall be permitted to be stored, harbored or held upon any parcel of property in the Village without a proper permit issued by the Village Board for that purpose. The Village Board is authorized to issue permits to store unlicensed motor vehicles upon a parcel of property when certain enclosure requirements have been met (enclosure requirements shall be established by an administrative rule adopted by the Village Board). The type of enclosure to keep stored material from the general view of a passing public shall be predetermined by the Village Board and may be attached to this section as an amendment or administrative rule.
C. 
Abandoned motor vehicles. No person or entity shall leave unattended any motor vehicle, trailer, semi-trailer or mobile home on any public street or highway or public or private property for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned.
D. 
Junked vehicles. No junked vehicle, or parts thereof, may be stored outside of any building on any property located in the Village without a proper permit issued by the Village Board for that purpose. No person shall leave any junked vehicle on any street, highway or other public property within the Village. No person in or in control of any private property within the Village, whether as owner, tenant, occupant or otherwise, shall allow junked vehicles to remain on such property for more than three days. The Village Board is authorized to issue permits to store junked vehicles upon a parcel of property when certain requirements have been met. These requirements shall be established by administrative rule adopted by the Village Board. Such administrative rules shall govern the enclosure of junked vehicles for the purposes of storing junked vehicles from the general view of the passing public.
E. 
Permits required.
(1) 
A written permit to store an unlicensed or junked vehicle shall be issued upon proper application having been made and only after the applicant has met all the requirements of any administrative rule in force at the time the application is made as to the type of enclosure deemed necessary to be constructed, erected and maintained by the owner or occupant of the property.
(2) 
A written permit form shall be furnished when a permit has been authorized to be issued by the Village Board.
(3) 
Written application forms shall be furnished to any person upon request.
(4) 
Applications for an unlicensed vehicle storage permit or junked vehicle storage permit shall be filed with the Village Clerk-Treasurer at least 10 days prior to the next regularly scheduled meeting of the Village Board.
(5) 
Any application for an unlicensed motor vehicle storage permit or junked motor vehicle storage permit shall be acted upon within 60 days after it was filed with the Village Clerk-Treasurer.
(6) 
If the permit is issued, it shall be issued for a period of 12 months
(7) 
If the permit is denied, the Village Board shall notify the applicant of such denial.
(8) 
An annual permit fee as provided in the Village Fee Schedule shall be paid into the Village treasury before the permit is actually issued.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(9) 
An application for an unlicensed motor vehicle storage permit or junked motor vehicle storage permit may be required annually.
(10) 
An application for an unlicensed motor vehicle storage permit or junked motor vehicle storage permit shall bear the signature of either the owner or occupant of the property for which the permit is being sought.
F. 
Enforcement.
(1) 
Enforcement of this section shall be the responsibility of the Village Board or its designee.
(2) 
Inspection of an enclosure facility may be executed each year before the next year's annual permit is acted on by the Village Board.
G. 
Penalty.
(1) 
Revocation of permit. A permit to store unlicensed or junked vehicles may be revoked at any time it is determined that the permit holder is not in compliance with the terms of this section and administrative rules for maintaining property storage enclosures.
(2) 
Removal and impoundment. After notice to the owner and an opportunity to be heard, any vehicle in violation of this section may be impounded until lawfully claimed or disposed of under Subsection G(3)(b) below, except if the Village Board or its designee determines that the cost of towing and storage charges of the impoundment would exceed the value of the vehicle, the vehicle may be junked by the Village prior to expiration of the impoundment period upon determination by the Village Board or its designee that the vehicle is not wanted for evidence or any other reason.
(3) 
Disposal.
(a) 
Vehicles or parts thereof exceeding $100 in value.
[1] 
If the Village Board or its designee determines that the value of any abandoned vehicle exceeds $100, the owner and lienholders of record shall be notified by certified mail that the vehicle has been deemed abandoned and impounded by the Village and may be reclaimed within 15 days upon payment of accrued towing, storage and notice charges and if not reclaimed shall be sold.
[2] 
If an abandoned vehicle exceeding $100 in value is not reclaimed within the period and under the conditions provided in Subsection G(3)(a)[1] above, it may be sold by sealed bid or at auction. If no satisfactory bid is received, the vehicle may be sold at private sale.
[3] 
After deducting the expenses of impoundment and sale, the balance of the proceeds, if any, shall be paid to the Village treasury.
(b) 
Vehicles or parts thereof less than $100 in value. Any abandoned vehicle which is determined by the Village Board or its authorized representative to have a value of less than $100 may be disposed of by direct sale to a licensed salvage dealer upon determination that the vehicle is not reported stolen.
(4) 
Owner responsible for impoundment and sale costs. The owner of any abandoned vehicle, except a stolen vehicle, is responsible for the abandonment and all costs of impounding and disposing of the vehicle, provided no costs shall be imposed without notice thereof to the owner and an opportunity for the owner to be heard. Costs not recovered by the sale of the vehicle may be recovered in a civil action by the Village against the owner.
(5) 
Notice of sale or disposal. Within five days after the sale or disposal of a vehicle as provided in Subsection G(3)(b), the Village Board or its designee shall advise the State Department of Transportation, Division of Motor Vehicles, of the sale or disposal on a form supplied by the Division. A copy of the form shall be given to the purchaser of the vehicle and a copy shall be retained on file in the Village.
(6) 
Forfeiture. In addition to any remedy above, any owner, occupant, person or persons violating any provision of this section shall be subject to the sanctions set forth in § 443-12.
(7) 
Public nuisance. Nothing in this section shall be construed as prohibiting the abatement of a public nuisance by the Village or its officials in accordance with the laws of Wisconsin.
A. 
Definition. As used in this section, "bicycle" is every device propelled by human power upon which any person may ride, having two tandem wheels over 16 inches in diameter with tires inflated.
B. 
Registration.
[Amended 2-10-1999]
(1) 
Required. No person shall operate any bicycle upon any of the streets of the Village unless the bicycle is properly registered and has its registration displayed on it. Registration tags shall be provided by the Village.
(2) 
Applications. Duplicate applications for registration shall be made by the owner on forms provided by the Village Board or by representatives designated by the Village, and said applications shall contain name of bike owner, address of the owner, parent name (if applicant is under 16 years of age), and a description of the bicycle including the serial number. The application shall contain such other information as the Village Board shall deem pertinent.
(3) 
Fees; records. Upon such application and payment of the registration fee, the Village shall issue to the applicant a registration tag for the bicycle which shall be valid for the life of the bike or until a change of ownership and shall permit such bicycle to be operated upon streets and highways of the Village as herein provided. The Village shall keep a record of the date of issuance of such registration tag, to whom issued and the number thereof.
(4) 
Tags. No bicycle shall be considered registered until a registration tag shall be affixed to the frame of such bicycle, which shall remain so affixed until reregistration, or until removed by the court of local jurisdiction for just cause.
C. 
Regulations of bicycle operations.
(1) 
Lights. Every bicycle operated between sunset and sunrise shall be equipped with a lamp firmly attached to the front of the bicycle, exhibiting a white light to the front visible at a distance of 500 feet, and with a red reflector of at least two inches in diameter on the rear visible from at least 500 feet. A lamp emitting a red light may also be used.
(2) 
Brakes. Every bicycle shall be equipped with adequate brakes as required by law.
(3) 
Hitching rides. No person riding upon a bicycle shall cling or attach himself or his bicycle to any moving vehicle.
(4) 
Carrying passenger. No bicycle shall be used to carry more persons at one time than the number for which it is designed or equipped with approved carriers.
(5) 
Inspection. Checks of bicycles may be made by duly authorized Village or county officers for the purpose of handling, control, safe operation and mechanical condition.
(6) 
Endangering safety. No operator of a bicycle shall ride a bicycle in a reckless or hazardous manner or in any manner which could be deemed to cause unnecessary risk of injury to the rider or pedestrians.
(7) 
Riding on right side. The operator of a bicycle shall ride as near as practicable to the right-hand curb or edge of the roadway except when passing another vehicle or in making a left-hand turn. When riding in groups operators shall ride in single file unless it is unavoidable; on a one-way roadway the rider may ride as near as practicable to either the right- or left-hand curb or edge of the roadway.
(8) 
Parking. No bicycle shall be parked upon any sidewalk area or any roadway in such a manner as to interfere with free passage of the public.
(9) 
Traffic signs. An operator of a bicycle shall stop for official stop signs and automatic traffic signals.
(10) 
On sidewalks. The use of any sidewalk within the Village limits for the riding or propelling of any bicycle is prohibited, except bicycles may be propelled upon the sidewalks on unpaved streets. Any person operating a bicycle upon a sidewalk shall yield the right-of-way to any pedestrian and shall exercise due care and give an audible signal when passing a bicycle rider or pedestrian proceeding in the same direction.
(11) 
Unsafe bicycles. Bicycles which are not mechanically safe shall not be operated on the streets or highways of the Village.
(12) 
Parents' responsibility. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any child or ward to violate any of the provisions of this section.
(13) 
Carrying articles. No operator of a bicycle shall carry any package, bundle or article which prevents keeping at least one hand upon the handle bars.
(14) 
State rules. The operator of a bicycle shall obey provisions of the Wisconsin Statutes relating thereto.
(15) 
Headphones or earphones. No bicycle operator may wear headphones or earphones covering both ears while operating a bicycle.
[Amended 10-27-1999]
A. 
Parking is prohibited on all Village streets from November 1 to April 1, between the hours of 2:00 a.m. and 6:00 a.m.
B. 
Parking of vehicles with a gross vehicle weight rating in excess of 10,000 pounds is prohibited on all Village streets. Temporary parking of such vehicles in front of a residence or business is permitted for the purpose of delivering goods or services to that residence or business; however, in no case shall overnight parking be permitted.
C. 
Parking of boats, recreational vehicles, motor homes, and all types of trailers is prohibited on all Village streets.
D. 
When signs are erected in any block giving notice thereof, no person shall at any time park a vehicle upon those streets or portions of streets in accordance with the Official Traffic Map. Said signs shall be placed, erected and maintained pursuant to § 443-2 of this chapter.
E. 
The Village President, Village Administrator, or Public Works Director may prohibit traffic and/or parking on streets in certain areas to facilitate snow removal at any time during a calendar day from November 1 to April 1 and tow away or otherwise cause removal of any vehicles parked in the prohibited area during the snow emergency period. A declaration of snow emergency shall include the days and times during which traffic or parking is prohibited and the names of streets and/or areas affected. Notice of a snow emergency will be given either by publication in a local newspaper, by announcement over a local commercial television or radio station, by placement of signs in the areas designated, or by other appropriate or convenient means notifying the public that traffic and/or parking of vehicles in the designated area is prohibited during the snow emergency.
F. 
Temporary no parking.
[Added 4-10-2013 by Ord. No. O-2013-05]
(1) 
The Director of Public Works is authorized to erect or place temporary "No Parking" signs on streets or portions thereof:
(a) 
Where such street is undergoing repairs, construction or the installation of underground utilities;
(b) 
Where the use of such street is authorized for purposes other than the normal flow of traffic; or
(c) 
Where such street is being used for the movement of equipment, articles or structures of unusual size.
(2) 
Such temporary "No Parking" signs shall be erected or placed at least 24 hours prior to effect.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
State snowmobile laws adopted. The statutory provisions describing and defining regulations with respect to snowmobiles in the following enumerated sections of the Wisconsin Statutes, exclusive of any provisions therein relating to the penalties to be imposed or the punishment for violation of said statutes, and including the Wisconsin Statutes therein referred to, are hereby adopted and by reference made a part of this chapter as if fully set forth therein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this chapter. Each section of the Wisconsin Statutes adopted by this section shall be as follows:
§ 350.01
Definitions
§ 350.02
Operation of snowmobiles on or in the vicinity of highways
§ 350.03
Right-of-way
§ 350.045
Public utility exemption
§ 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.
§ 350.10
Miscellaneous provisions for snowmobile operation
§ 350.12
Registration of snowmobiles
§ 350.15
Accidents and accident reports, except Subsection (4)
§ 350.17
Enforcement
B. 
Highways.
(1) 
No person shall operate a snowmobile upon any street or highway that is improved with curb and gutter or within the right-of-way of any street or highway, or shall cross any street or highway while operating or directing the movement of a snowmobile from a position either on the snowmobile or off the snowmobile, other than driving or directing the movement of the snowmobile directly across such street or highway and at any angle with the edge of such roadway of as close to 90° as is reasonably possible, and then only after stopping and yielding the right-of-way to all vehicles approaching on the highway.
(2) 
No person under the age of 12 years shall drive a snowmobile across any street or highway.
(3) 
No person under the age of 16 years shall drive a snowmobile across any street or highway unless:
(a) 
He holds a valid snowmobile safety certificate issued by the Wisconsin Department of Natural Resources;
(b) 
He is accompanied by a person over the age of 18 years; or
(c) 
He is accompanied by a person over the age of 14 years who holds a valid snowmobile safety certificate issued by the Wisconsin Department of Natural Resources.
C. 
Curfew. No person under the age of 16 years shall operate a snowmobile in the Village of Bellevue between the hours of 10:00 p.m. and 6:00 a.m. the following day unless accompanied on the vehicle by a parent, guardian, adult relative, or other adult person having the actual care, custody, and control of such child.
D. 
Penalties.
(1) 
Any person violating Subsections A through C of this section may be required to forfeit not less than $25 nor more than $200 for the first offense and not less than $50 nor more than $200 for the second or subsequent conviction. In addition, the court may order that the snowmobile operated in violation of said section be impounded for a period of not less than 15 days nor more than 60 days, beginning at a date specified by the court. Impoundment may be effected by taking physical possession of the machine, or by causing the same to be immobilized and sealed by the Village for the specified period. Operating the impounded machine during the specified period contrary to the court's order shall constitute a punishable, separate, subsequent violation of Subsections A through C of this section.
(2) 
In default of the immediate payment of any forfeiture and the costs of prosecution, any person convicted of a violation of this section shall be committed to the Brown County Jail until such forfeiture and costs are paid. Every commitment shall limit the duration of such imprisonment to a definite term not exceeding 90 days.
[Added 3-10-2004]
A. 
Conduct prohibited. No person shall, within the Village of Bellevue, by or through the use of any motor vehicle, including but not limited to an automobile, truck, motorcycle, mini-bike, or snowmobile, cause or provoke disorderly conduct with a motor vehicle.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Definition. "Disorderly conduct with a motor vehicle" shall mean, while operating or in control of a motor vehicle, to engage in conduct or activities which are violent, unreasonably loud, dangerous to persons or property, or otherwise against the public peace, welfare, and safety, including but not limited to unnecessary, deliberate, or intentional spinning of the wheels, squealing of the tires, reviewing or racing of the engine, blowing of the horn, causing the engine to backfire, or causing the vehicle, while commencing to move or while in motion, to raise one or more wheels off the ground. Specifically excluded from this definition are legitimate, scheduled racing events.
C. 
Penalty. Any person found guilty of violating this section, or any part thereof, may be required to forfeit not less than $10 nor more than $200, and the cost of prosecution, for the first offense, and not less than $50 nor more than $300, and the cost of prosecution, for the second or subsequent violation within two years, and, upon failure to pay said forfeiture and the costs, may be confined in the county jail for a period not to exceed 10 days for the first offense and 30 days for the second offense, or until the payment of said forfeiture and costs is made.
[Added 1-10-2007[1]]
A. 
For the purposes of this section, a low-speed vehicle shall be defined as provided in § 346.01(27h), Wis. Stats. Notwithstanding anything to the contrary, a low-speed vehicle may be operated upon the local roadways of the Village of Bellevue as provided by state law, as it may be amended, and the requirements of this section.
B. 
Each person operating a low-speed vehicle on a roadway of this Village shall possess a valid driver's license and be valid to drive in the State of Wisconsin.
C. 
Every operator of a low-speed vehicle shall maintain financial responsibility on such low-speed vehicle if the low-speed vehicle is to be operated upon the roadways of this Village.
D. 
Every person operating a low-speed vehicle shall be granted all the rights and shall be subject to all duties applicable to the driver of any motor vehicle except as to the special regulations in this section and except as to those provisions which by their nature can have no application.
E. 
The operator of a low-speed vehicle shall observe all traffic laws and local ordinances regarding the rules of the road. A low-speed vehicle shall not be operated on a street or a roadway with a posted speed limit greater than 35 miles per hour. The provisions of this subsection shall not prohibit a low-speed vehicle from crossing a street or roadway with a posted speed limit greater than 35 miles per hour.
F. 
No person shall operate a low-speed vehicle:
(1) 
In any careless way as to endanger the person or property of another; or
(2) 
While under the influence of alcohol or any controlled substance.
G. 
Low-speed vehicles shall not be operated on sidewalks, bike paths, or pedestrian walkways.
H. 
Low-speed vehicles shall not be parked on any sidewalk, bike path, or pedestrian walkway.
I. 
Low-speed vehicles shall abide by all Village of Bellevue parking ordinances.
J. 
Due to the unique technology associated with low-speed vehicles, persons operating a low-speed vehicle involved in an accident or incident where Village personnel are called to respond will be charged any cost above the usual and customary cost to provide personnel and/or services to a typical automobile incident or accident, as determined by the Village Administrator.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added 4-13-2011 (§ 9.14A of the 1998 Code)]
The operator of a school bus in a residential or business district of the Village of Bellevue shall activate the flashing red warning lights when pupils or other authorized passengers are to be loaded or unloaded at a location at which there are not traffic signals and such persons must cross the street or highway before being loaded or after being unloaded. Said lights shall not be extinguished until loading or unloading is completed and the persons who must cross the highway are safely across.
[Added 2-12-2014 by Ord. No. O-2014-03]
A. 
Regulation on weight.
(1) 
When using Village streets to travel through the Village of Bellevue, vehicles having a combined weight and load in excess of 10,000 pounds shall operate only on designated heavy truck routes. The Director of Public Works may increase the regulation on weight on any of the heavy traffic routes when it is determined the condition or construction of the street warrants such increase.
(2) 
The following Village streets shall be designated as having permanent eight-ton weight limits:
(a) 
Willow Road – Huron Road to eastern Village limits.
(b) 
Erie Road – Willow Road to northern Village Limits.
(c) 
Grandview Road – Willow Road to northern Village limits.
B. 
Heavy truck routes shall be designated as federal, state, and county marked highways as designated under the provisions of § 349.17, Wis. Stats., and on the following Village streets:
(1) 
Hoffman Road – Monroe Road to Bellevue Street.
(2) 
Verlin Road – Lime Kiln Road to Bellevue Street.
(3) 
Continental Drive – Manitowoc Road to Main Street.
(4) 
Manitowoc Road – Continental Drive to Eaton Road.
(5) 
Landmark Boulevard – Lime Kiln Road to Monroe Road.
C. 
Exception to use of heavy truck routes.
(1) 
It shall be unlawful for any person or company to operate any motor vehicle exceeding regulations as set forth in § 443-10A, except when necessary for the purpose of obtaining orders and delivering and moving supplies or other necessary commodities to or from any place of business or residence fronting on any such streets, and except when necessary for the purpose of leaving or returning to the terminal or place of garaging of any such vehicle. When it is necessary for the operator of such a vehicle to travel upon a street not designated for heavy truck routes as provided in § 443-10B, such operator shall leave and reenter such heavy truck routes at the point closest to his or her immediate destination.
(2) 
Vehicles owned by federal, state or county governments, school districts, political subdivisions thereof and private contractors of such entities, when engaged or contracted in official functions, shall also be exempt.
D. 
Heavy truck route signage. Village heavy traffic routes set forth under § 443-10B not part of the federal, state, and county marked system shall be marked with signs giving notice thereof as required under § 349.17, Wis. Stats.
E. 
Compression braking. Compression braking is prohibited on all streets within the corporate limits of the Village of Bellevue, except in emergency situations.
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 section shall not apply to fire, police, EMS and/or other emergency vehicles.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 § 443-1 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.
B. 
Local regulations. Except as otherwise provided in this chapter, the penalty for a violation of this chapter shall be as provided in § 1-4 of the Code of the Village of Bellevue.
C. 
Sanctions for violations of local parking ordinances. Sanctions for violations of local parking ordinances as established in § 443-5 of this chapter shall be as follows:
[Amended 9-13-2000]
(1) 
A citation shall be issued to the owner of the vehicle pursuant to the Bellevue Municipal Bond Schedule. If the citation is not paid within 21 days from issuance, the Village will notify the Wisconsin Department of Transportation that the citation remains unpaid and request that the Department suspend and refuse the registration of the vehicle in accordance with § 345.28(4), Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Any person issued a citation may make a deposit of money as set forth in the citation at the Village offices or with the Municipal Court Clerk or by mailing said deposit to either place.
A. 
Enforcement procedure. This chapter shall be enforced according to §§ 23.33, 66.0114, 345.11 to 345.61 and 350.17 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 Clerk of Court's office or by mailing the deposit to such place. 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 Wisconsin Revised Uniform State Traffic Deposit Schedule established by the Wisconsin Judicial Conference and shall include the penalty assessment established under § 757.05, Wis. Stats., a jail assessment if required by § 302.46(1), Wis. Stats., and court costs. If a deposit schedule has not been established, the arresting officer shall require the alleged offender to deposit the forfeiture established by the Village Board, which shall include the penalty assessment. Deposits for nonmoving violations shall not include the penalty assessment.
(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 Wisconsin on the basis of a forfeiture of deposit or plea of guilty or no contest and he was not informed under § 345.27(1) and (2), Wis. Stats., he may, within 60 days after being notified of the revocation or suspension of his operating privilege, petition the court to reopen the judgment and grant him an opportunity to defend on merits. If the court finds the petitioner was not informed as required under § 345.27(1) and (2), Wis. Stats., it shall order the judgment reopened. The court order reopening the judgment automatically reinstates the revoked or suspended operating privilege.