[Adopted 3-11-2013 by Ord. No. 12-20]
For the purposes of this article, the following words or phrases
shall have the meanings set forth below:
All public ways and thoroughfares and bridges on the same.
It includes the entire width between the boundary lines of every way
open to the use of the public as a matter of right for the purposes
of vehicular travel. It includes those roads or driveways on the Reservation
which have been opened to the use of the public for the purpose of
vehicular travel and roads or driveways upon the grounds of public
schools, and institutions under the jurisdiction of the Menominee
Indian Tribe.
A vehicle, including a combination of two or more vehicles
or an articulated vehicle, which is self-propelled. "Motor vehicle"
includes, without limitation, a commercial motor vehicle. A snowmobile
and an all-terrain vehicle shall be considered motor vehicles for
purposes of this article.
A sign professionally manufactured which is put in place
by the Menominee Indian Tribe of Wisconsin or the State of Wisconsin.
A person who holds the legal title of a vehicle, except that
if legal title is held by a secured party with the immediate right
of possession of the vehicle vested in the debtor, the debtor is the
owner for the purposes of this article.
The halting of a vehicle, whether occupied or not, except
temporarily for the purpose of and while actually engaged in loading
or unloading property or passengers.
Every way or place in private ownership and used for vehicular
travel only by the owner and those having express or implied permission
from the owner and every road or driveway upon the grounds of public
institutions and institutions under the jurisdiction of the Menominee
Indian Tribe.
That portion of a highway between the curblines, or the lateral
lines of a roadway, and the adjacent property lines, constructed for
use of pedestrians.
The temporary halting of a vehicle, whether occupied or not,
except for the purpose of, and while actually engaged in, receiving
or discharging passengers.
Every highway within the exterior boundaries of the Menominee
Indian Reservation.
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway.
A.
Handicapped parking. Except for a motor vehicle used by a physically
disabled person, no person may park, stop or leave standing any vehicle,
whether attended or unattended and whether temporarily or otherwise,
upon any portion of a street, highway or parking facility reserved,
by official traffic signs indicating the restriction, for vehicles
displaying special registration plates, or a special identification
card or vehicles registered in another jurisdiction and displaying
a registration plate, card or emblem issued by the other jurisdiction
which designates the vehicle as a vehicle used by a physically disabled
person.
B.
Obstructing handicapped parking. No person may park, stop or leave
standing any vehicle, whether attended or unattended and whether temporarily
or otherwise, upon any portion of a street, highway or parking facility
so as to obstruct, block or otherwise limit the use of any portion
of a street, highway or parking facility reserved, by official traffic
signs indicating the restriction, for vehicles displaying special
registration plates or a special identification card or vehicles registered
in another jurisdiction and displaying a registration plate, card
or emblem issued by the other jurisdiction which designates the vehicle
as a vehicle used by a physically disabled person.
C.
Elder parking. Except for a motor vehicle used by a tribal elder,
no person may park, stop or leave standing any vehicle, whether attended
or unattended and whether temporarily or otherwise, upon any portion
of a street, highway or parking facility reserved, by official traffic
signs indicating the restriction, for vehicles displaying a special
tribal elder sticker which designates the vehicle as a vehicle used
by a tribal elder.
D.
Fraudulent use of an elder sticker. No person shall park a vehicle
which he/she is driving in a parking spot designated for elders if
he/she is not entitled to have personally obtained an elder sticker.
E.
Obstructing elder parking. No person may park, stop or leave standing
any vehicle, whether attended or unattended and whether temporarily
or otherwise, upon any portion of a street, highway or parking facility
so as to obstruct, block or otherwise limit the use of any portion
of a street, highway or parking facility reserved, by official traffic
signs indicating the restriction, for vehicles displaying special
tribal elder sticker which designates the vehicle as a vehicle used
by a tribal elder.
F.
Parking where prohibited. No person may stop or leave standing any
vehicle, whether attended or unattended and whether temporarily or
otherwise, in any of the following places:
(1)
Within an intersection.
(2)
On a crosswalk.
(3)
Between a safety zone and the adjacent curb, or within 15 feet of
a point on the curb immediately opposite the end of a safety zone
unless a different distance is clearly indicated by an official traffic
sign or marker.
(4)
On a sidewalk or sidewalk area, except when parking on the sidewalk
or sidewalk area is clearly indicated by official traffic signs or
markers.
(5)
Alongside or opposite any highway excavation or obstruction when
stopping or standing at that place would obstruct traffic or when
pedestrian traffic would be required to travel in the roadway.
(6)
On the roadway side of any parked vehicle unless double parking is
clearly indicated by official traffic signs or markers.
(7)
Within 15 feet of the driveway entrance to a fire station or directly
across the highway from a fire station entrance.
(8)
Upon any portion of a highway where, and at the time when, stopping
or standing is prohibited by official traffic signs indicating the
prohibition of any stopping or standing.
G.
Stopping or standing where prohibited. No person shall stop or leave
any vehicle standing in any of the following places except temporarily
for the purpose of and while actually engaged in loading or unloading
or in receiving or discharging passengers and while the vehicle is
attended by a licensed operator so that it may promptly be moved in
case of an emergency or to avoid obstruction of traffic:
(1)
In a loading zone.
(2)
Within 10 feet of a fire hydrant, unless a greater distance is indicated
by an official traffic sign.
(3)
Within four feet of the entrance to an alley or a private road or
driveway.
(4)
Closer than 15 feet to the near limits of a crosswalk.
(5)
Upon any portion of a highway where and at the time when parking
is prohibited, limited or restricted by official traffic signs.
H.
Parking on left side of highway. No person shall stop or leave standing
any vehicle on the left side of a highway.
I.
Parking on private property. No person may leave or park any motor
vehicle on private property without the consent of the owner or lessee
of the property.
J.
Owners or lessees may regulate parking. Owners or lessees of public
or private property may permit parking by certain persons and limit,
restrict or prohibit parking as to other persons if the owner or lessee
posts a sign on the property indicating for whom parking is permitted,
limited, restricted or prohibited. No person may leave or park any
motor vehicle on public or private property contrary to a sign posted
thereon.
A.
Snow emergencies. In times of emergency due to excessive snowfall,
or when it is deemed advisable in the interest of public safety, the
Chief of Police may, in his or her discretion, either through the
Police Department or by signs placed or erected, close off streets,
portions of streets, divert or regulate traffic and prohibit parking,
stopping or unloading as the occasion may require, and all owners
and operators of vehicles shall conform to these regulations.
B.
Emergency declaration. Whenever an emergency exists and the Chief
of Police shall have caused announcement thereof to be made by a radio
station whose normal operating range covers the Menominee Indian Reservation,
no person shall park any vehicle of any kind or description on any
street or highway within the exterior boundaries of the Menominee
Indian Reservation. During such a state of emergency, vehicles may
be parked for a period of time not longer than three minutes for actually
loading or unloading passengers, or 30 minutes for actually loading
or unloading property, and provided further that no other regulation
restricting parking as to place, time, or manner is violated thereby.
When any vehicle is found to be in violation of any portion
of this article, and the identity of the operator cannot be immediately
determined, the owner, as shown by the ownership registration of the
vehicle supplied by the Menominee Licensing and Permits Department,
or a comparable authority of any government unit, shall be liable
for the violation.
C.
Forfeiture amount to double when not paid. All forfeitures assessed
pursuant to this article shall be paid within 30 days of issuance
of citation. If the forfeiture is not paid within 30 days of issuance
of citation, the forfeiture amount shall double.
D.
Registration to be suspended. The registration of any vehicle violating
this article shall be suspended if the forfeiture remains unpaid 60
days from the issuance of the notice of violation. Prior to suspending
the registration, a notice will be mailed via regular U.S. Mail to
the owner of the vehicle at the last known address as listed on the
vehicle registration record by the department issuing the violation
notice.
A.
Placing on windshield proper service. If the owner or operator of
a vehicle found to be violating this article is not present at the
time the officer discovers the violation, a citation specifying the
violation and forfeiture amount will be placed on the windshield of
the vehicle.
B.
Unlawful removal of parking citation. No person other than the owner
or operator thereof shall remove a parking citation from a motor vehicle.
[Amended 12-19-2019 by Ord. No. 19-25]
Menominee tribal police officers and any duly authorized tribal
conservation officers are hereby authorized to cause the towing away
of vehicles parked in violation of this article. The owner of said
vehicle shall be liable for all costs of towing and storage associated
with removal under this article. This liability begins once the tow
truck has been dispatched, whether or not the vehicle is actually
towed.
[Added 12-19-2019 by Ord. No. 19-25]
This article shall be enforced by any duly authorized Menominee
tribal police officers and Menominee tribal conservation officers.
