[HISTORY: Adopted by the Bellevue Board 4-15-1998 as Ch. 7 of
the 1998 Code. Amendments noted where applicable.]
[Amended 10-27-2010; 7-9-2014 by Ord. No.
O-2014-12]
A.
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.[1]
[1]
Editor's Note: Original § 7.02, Operation of motor
vehicles, which immediately followed this section, was repealed 7-9-2014
by Ord. No. O-2014-12.
B.
State traffic laws adopted. The rules of the Wisconsin Department
of Transportation in Chs. Trans 100 to 400 of the Wisconsin Administrative
Code, for which the penalty is a forfeiture only, including penalties
and assessments to be imposed, 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 which is prohibited by any Administrative
Code provision incorporated herein by reference is required or prohibited
by this chapter. Any further amendments, revisions or modifications
of the provisions 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.[2]
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.
ADMINISTRATIVE RULE
APPLICATION
ENCLOSURE
JUNKED VEHICLE
LICENSED
MOTOR VEHICLE
OWNER
PERMIT
SALVAGE DEALERS
STORAGE
UNLICENSED MOTOR VEHICLE
ZONED or ZONING
Definitions. The following terms shall have the meanings indicated:
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.
A written form upon which a request is made for a permit.
The type of construction required to hide and harbor vehicles
from public view.
Any abandoned, disassembled, dismantled, inoperable or wrecked
instrument by which someone travels or something is conveyed, either
by wheels, runners or tracks.
Any license that is required to be carried by any motor-driven
vehicle when driven, used or propelled upon the public highway.
Any vehicle that is or may be propelled upon the public highway.
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.
The written authority given by the Village Board to allow
storage of unlicensed motor vehicles.
Dealers regulated by § 175.25, Wis. Stats.
The placement of a vehicle upon real property described in
the Village assessment and tax roll.
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.
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.
(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.
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.
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]
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.
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.
[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.
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:
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.
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]
(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.
