[Amended 1-23-2006 by Ord. No. 489]
Except as otherwise specifically provided in
this chapter, the statutory provisions in Wis. Stats. Chs. 340 to
348 and Wis. Stats. §§ 167.31 and 941.01, describing
and defining regulations with respect to vehicles and traffic, and
Wis. Admin. Code Trans, describing and defining regulations with respect
to standards for motor vehicle equipment, 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 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 part of such chapters incorporated herein by reference is required
or prohibited by this chapter. Any future amendments, revisions or
modifications of the chapters 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
and to secure uniform regulation of motor vehicle equipment which
is used on the highways, streets and alleys of the state and the Village.
The statutes and regulations adopted herein shall be cited by this
chapter number, followed by the applicable statute or regulation number.
[Amended 1-23-2006 by Ord. No. 489; 10-28-2013 by Ord. No. 611]
In the interest of public safety and pursuant to Wis. Stats.
§ 349.07, the Village Board may designate streets or portions
thereof to be through streets, at the entrances to which vehicular
traffic from intersecting highways is required by traffic control
signals or stop signs to stop, by resolution and inclusion in the
Street and Parking Regulation Schedule. All other intersections in
the Village will be controlled as determined by the Department of
Public Works at the time of construction or as determined by the Village
Board.
[Amended 2-14-1994 by Ord. No. 298; 9-27-1999 by Ord. No. 385; 10-28-2013 by Ord. No. 611]
In the interest of public safety and pursuant to Wis. Stats.
§ 349.10, the Village Board may designate streets or portions
of streets as one-way streets by resolution and inclusion in the Street
and Parking Regulation Schedule.
[Amended 7-8-1996 by Ord. No. 336; 1-23-2006 by Ord. No. 489; 11-12-2012 by Ord. No. 594]
A. Authority and intent. Pursuant to Wis. Stats. § 349.17,
which grants the authority to regulate heavy traffic, Wis. Stats.
§ 349.16, which grants the authority to impose weight restrictions,
and Wis. Stats. § 349.15, which grants the authority to
designate Class "B" highways, this section is enacted for the purpose
of requiring through heavy traffic to use the heavy traffic routes
adopted herein, for preventing Village streets and highways from being
used for heavy traffic, and for the purpose of protecting Village
streets and highways from damage. It is not the intent of this section
to prevent the use of Village streets for purposes specifically excepted
by statute or by this section.
B. Definitions. For purposes of this section, the following definitions
shall apply:
HEAVY TRAFFIC
[Amnded 1-28-2013 by Ord. No. 603]
(1)
All vehicles not operating completely on pneumatic tires; and
(2)
All vehicles designed or used for transporting persons or property
of any nature, and having a gross vehicle weight rating of more than
16,000 pounds.
(3)
"Heavy traffic" does not include school buses, motor buses,
recreational motor homes, recreational vehicles, or human service
vehicles.
RESIDENCE DISTRICT
The territory contiguous to a highway not comprising a business
district, where the frontage on such highway for a distance of 300
or more feet is mainly occupied by dwellings or by dwellings and buildings
in use for business, as set forth in Wis. Stats. § 340.01(50).
C. Prohibited routes.
(1) Pursuant to the authority found in Wis. Stats. § 349.17, heavy traffic is prohibited from using any Village of Waterford street or highway not designated as a heavy traffic route. When use of a Village street or highway that is not a heavy traffic route is permitted under Subsection
C(2), heavy traffic is prohibited from traveling through residence districts unless doing so is necessary to reach the destination.
(2) Exemptions. Heavy traffic exempted hereunder may use Village streets
or highways not designated as heavy traffic routes as follows:
(a)
This section shall not act to prohibit heavy traffic from using
a Village street or highway for the purpose of obtaining orders for
supplies or moving or delivering supplies or commodities to or from
any place of business or residence which has an entrance on such street
or highway. This exception shall be permitted for the period of time
necessary to complete the above-described activities. No stopping
or parking such vehicles upon streets not designated as heavy traffic
routes shall be permitted at any other time. No overnight parking
of any vehicle defined as heavy traffic is allowed on any Village
street.
(b)
When being driven to the site of any construction, repair or
maintenance of buildings or utilities in the Village, construction
vehicles and vehicles owned and operated by a public utility are exempt
from the provisions of this section.
(c)
Emergency vehicles are exempt.
(d)
Village-owned or operated vehicles and equipment, and vehicles
operated for purposes of performing maintenance to Village streets
or installations, snow removal, street cleaning, refuse removal or
curb pickup are exempt.
(e)
This section will not act to prohibit heavy traffic from using
any Village streets over which are routed state trunk highways, connecting
highways and county trunk highways.
D. Heavy traffic routes. There shall be recognized in the Village a
heavy traffic route for the operation of all heavy traffic in the
Village of Waterford. The heavy traffic route shall consist of the
following highways within the Village:
|
Name of Highway
|
---|
|
County Trunk Highway W (unless determined otherwise by the Racine
County Board)
|
|
State Trunk Highway 20/83
|
|
State Trunk Highway 36
|
|
State Trunk Highway 164
|
E. Streets designated Class "B" highways. Pursuant to the authority
found in Wis. Stat. § 349.15, all streets and alleys within
the Village, except state trunk highways, connecting highways, and
county trunk highways are hereby designated Class "B" highways, subject
to the weight limitations imposed on Class "B" highways by Wis. Stat.
§ 348.16 and the exemptions therein.
F. Special or seasonal weight limitations. Pursuant to Wis. Stat. § 349.16,
the Director of Public Works is authorized to impose special or seasonal
weight limitations when necessary to avoid serious damage or destruction
of the street or highway, and shall post notice as required.
G. Administration. The Department of Public Works, in cooperation with
the Police Department, shall administer this section. Administration
shall include posting of signs in accordance with state law.
H. Penalties and liability.
(1) In every instance where a violations of Subsection
C occurs, the penalty to be imposed shall be the amount approved by the Village Board and set forth in the Deposit Schedule.
(2) In every instance where a violation of Subsection
E or
F occurs, the penalty to be imposed shall be consistent with the current State of Wisconsin penalty for violating weight restrictions set forth in Wis. Stat. § 348.21(3), including the "per pound" overload violation schedule therein.
(3) Liability. Any operator, corporation, owner or agent whose heavy
traffic vehicle damages any Village streets or highways in violating
this section shall be liable and required to pay the Village the cost
of repair or replacement of the damaged street or highway.
[Added 9-22-2008 by Ord. No. 532]
A. Definition. As used in this section, the following
terms shall have the meanings indicated:
NEIGHBORHOOD ELECTRIC VEHICLE (NEV)
A self-propelled electrically powered motor vehicle that
has successfully completed the Neighborhood Electric Vehicle America
Test Program conducted by the Federal Department of Energy and that
conforms to the definition and requirements for low-speed vehicles
as adopted in the Federal Motor Vehicle Safety Standards for Low-Speed
Vehicles under 49 CFR 571.3(b) and 571.500. Electric golf carts are
not included within the foregoing definition.
B. Requirements. A neighborhood electric vehicle shall
be four-wheeled and have a speed range of at least 20 miles per hour
and not more than 25 miles per hour on a paved surface and have a
gross vehicle weight of less than 2,500 pounds. Neighborhood electric
vehicles shall have all of the following specifications:
(1)
Headlamps and tail lamps.
[Amended 4-25-2011 by Ord. No. 573]
(2)
Front and rear turn signals.
(4)
Reflex reflectors: one red on each side as far
to the rear as practicable and one red on the rear.
(5)
An exterior mirror mounted on the driver’s
side and either an exterior mirror on the passenger side or an interior
rear-view mirror.
(7)
A windshield that conforms to the requirements
of the Federal Motor Vehicle Safety Standard on Glazing Materials
(49 CFR 571.205).
(8)
A vehicle identification number (VIN) that complies
with federal law as provided in 49 CFR 565.
[Amended 4-25-2011 by Ord. No. 573]
(9)
A Type 1 or Type 2 seatbelt assembly conforming
to 49 CFR 571.209 and Federal Motor Vehicle Standard No. 209 for each
designated seating position.
(10)
Meets the general test conditions under 49 CFR
571.500.
[Amended 4-25-2011 by Ord. No. 573]
C. Use on Village streets. Pursuant to Wis. Stats. § 349.26(2),
the use of a neighborhood electric vehicle on Village streets or highways
is allowed only as expressly authorized under this section.
[Amended 4-25-2011 by Ord. No. 573]
(1)
Use. The use of a NEV is hereby authorized on
roadways within the territorial boundaries of the Village upon which
the speed limit is 35 miles per hour or less.
(2)
A NEV may not be used on any Village roadway
upon which the speed limit is more than 35 miles per hour.
(3)
An NEV may not be operated on any sidewalk or
walking path in the Village.
(4)
Headlamps must be on during operation.
(5)
License and registration required. Neighborhood
electric vehicles shall be registered, titled and licensed by the
State of Wisconsin.
(6)
Permitted users. Any person who operates a neighborhood
electric vehicle on any Village street must hold a valid operator’s
license.
(7)
The operation of a neighborhood electric vehicle
must in all respects comply with the provisions of the Code of the
Village of Waterford, inclusive of this chapter.
D. Penalty. Any person convicted of violating any of the NEV provisions of this section shall be subject to a penalty as set forth in Chapter
1, Article
II, of this Municipal Code. Any person convicted of violating a traffic ordinance along with an NEV violation shall be subject to a penalty as provided in that ordinance