[Adopted at time of adoption of Code (see Ch. 25, Construction
and Effect of Ordinances, Art. II)]
Under the authority of Ch. 349, Wis. Stats., this Traffic Code
is now implemented and adopted by the Village of Sherwood. Therefore,
except as otherwise provided in this article, the statutory provisions
of Chapters 340 through 348 and § 941.01 of the Wisconsin
Statutes 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 article, as hereinbefore set forth
and 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 article. Any future amendments, revisions or
modifications of the statutes incorporated herein are intended to
be made a part of this article in order to secure uniform statewide
regulation of traffic on the highways, streets and alleys of the State
of Wisconsin and the municipality.
A.
State snowmobile laws adopted. Under the authority of Ch. 349, Wis.
Stats., the statutory provisions describing and defining regulations
with respect to snowmobiles in the State of Wisconsin as set forth
in Ch. 350, Wis. Stats., are hereby adopted by reference and made
part of this section as if fully set forth herein. The acts required
to be performed or prohibited by such statutes are required or prohibited
by this section.
B.
Applicability of rules of the road to snowmobiles. The operator of
a snowmobile on a roadway shall, in addition to the provisions of
Ch. 350, Wis. Stats., be subject to §§ 346.04 to 346.94,
Wis. Stats., which are hereby adopted by reference and made part of
this section.
C.
Permitting operation by improper persons prohibited. No owner or
person having charge or control of a snowmobile shall authorize or
permit any person to operate such snowmobile who is not permitted
under state law to operate such snowmobile or who is under the influence
of an intoxicant or a dangerous or narcotic drug.
D.
Operation while under influence prohibited. Section 346.63, Wis.
Stats., shall apply to the operation of a snowmobile anywhere within
the Village.
E.
Written consent of owner required. The consent required under § 350.10(1)(f),
(k) and (m), Wis. Stats., shall be written consent dated and limited
to the year in which the consent is given. If the property is owned
or leased by more than one person, the consent of each shall be obtained.
F.
Unattended snowmobiles. No person shall leave or allow a snowmobile
to remain unattended on any public highway or public property while
the motor is running or with the starting key in the ignition.
G.
Copy to be filed. The Village Clerk-Treasurer shall file a copy of
this section upon its enactment and publication with the Wisconsin
Department of Natural Resources.
A.
The maximum permissible speed at which vehicles may be operated on
the various Village of Sherwood streets is as follows, contingent
upon erection of proper signing:
B.
Section 346.57, Wis. Stats., is hereby adopted by reference, as applicable.
C.
Modification of speed restrictions. All modifications of any existing
speed restriction within the Village of Sherwood [excluding limits
set by other jurisdictions (state, federal and county highways)] shall
require the following:
(1)
There shall be a completed engineering and traffic investigation
which states the change is reasonable, safe and prudent, and the engineering
and traffic investigation shall be completed by the state or any other
qualified engineer approved by the Village Board.
(2)
Any increase or decrease in the speed limit of more than 10 miles
per hour shall require approval of the State of Wisconsin Department
of Transportation, and no signs giving notice of a modification of
the speed limit shall be erected until such approval has been received.
Arterial streets shall be designated by stop signs or other appropriate signs, and every operator of a vehicle approaching such sign shall comply with § 346.46, Wis. Stats. See Article IV, Stop Intersections, of this chapter.
A.
Additional parking limitations may be adopted by either resolution of the Village of Sherwood Village Board of Trustees or action of the Village Administrator under § 20-13, with copies of all such actions to be kept on file with the Village Clerk-Treasurer for the Village of Sherwood. The posting of regulations adopted hereunder shall be in conformity with § 20-13 of this article.
B.
Commercial vehicles.
(1)
No commercial vehicle shall be parked on any Village road or street
or Village right-of-way between the hours of 2:00 a.m. and 5:00 a.m.
No commercial vehicle shall be parked on any Village road or street
at any other times for a period longer than necessary to service or
provide service or materials at the location where parked or standing.
(2)
"Commercial vehicle" shall be defined as any motor vehicle ordinarily
used or designed for the delivery of goods, wares, merchandise, or
material of any kind or for the transporting of people, supplies or
tools in the conduct of any occupation, employment or business, including
all trucks and buses (school or charter) of any nature used as described
herein.
(3)
These regulations shall be effective after passage and publication
and after signs have been erected at or reasonably near the corporate
limits of the Village as provided in § 349.13, Wis. Stats.
C.
Snow emergency.
(1)
It shall be the duty of the Village Administrator or, in his absence,
the Village designee, during the periods of snow emergency and immediately
thereafter, to declare a state of public emergency and the duration
thereof by public proclamation, which may be done through the mediums
of radio, placards, newspapers, or other means of communication.
(2)
An emergency snowstorm is one in which snow is falling in such a
manner as to produce a congestion of traffic or impede the operation
of emergency vehicles.
(3)
Emergency vehicles shall include police squad cars, firefighting
apparatus, ambulances, rescue squad cars, Village-owned or hired snowplows,
snow removal equipment and machinery.
(4)
During a snow emergency, no person shall park or abandon any vehicle
or load or unload any merchandise or freight truck or vehicle on any
Village road, alley, street or lane, until such time as said snow
emergency has been declared over.
D.
In addition to the penalty provided in this article, any Calumet
County Sheriff's Department officer may cause any vehicle parked in
violation of this section to be moved to a public parking lot or garage,
and the cost of moving and storage shall be paid by the owner or operator
of said vehicle, and the law enforcement authority of the Village
of Sherwood shall hold said vehicle until all charges of moving and
storage have been paid.
E.
Removal of illegally parked vehicles. Any vehicle illegally parked
under this section may be removed by a Calumet County Sheriff's Department
officer to a position permitted under this article and the Wisconsin
Statutes, but such moving shall not relieve the operator of liability
for forfeiture for the offense.
F.
No parking shall be permitted at any time in a cul-de-sac, if appropriate
no-parking signs are in place and visible in said cul-de-sac designating
the area where parking is prohibited. Such no-parking signs may be
ordered installed by Village of Sherwood Board of Trustee action,
following mailed notification to affected property owners.
H.
It is unlawful for any person to stop, park or leave standing any
vehicle, whether attended or unattended, within any space or area
posted no parking upon any public street or parking lot within the
Village.
[Added 10-8-2018[1]]
[1]
This local law also redesignated former Subsection H as Subsection
I.
I.
Parking
prohibited.
[Added 5-23-2016]
|
Name of Street
|
Side
|
Location
|
|---|---|---|
|
Spring Hill Drive
|
Both
|
From Palisades Trail south to State Park Road
|
|
Spring Hill Drive/Clifton Road
|
West
|
From Palisades Trail north to Condon Road
|
|
State Park Road
|
Both
|
From High Cliff State Park west to Pigeon Road
|
A.
It shall be unlawful for any person to operate any motor-driven recreational
vehicle on any Village of Sherwood park property or on other public
properties owned or leased by the Village of Sherwood, or on any school
grounds or property, whether a public or a private school.
C.
Definition. "Motor-driven recreational vehicle" shall mean any vehicle
propelled by power (other than human power), designed to travel on
or along the ground by the use of wheels, treads, tracks, runners,
or slides, which shall include without limitation automobiles, trucks,
trailers, motorcycles, trail bikes, minibikes, all-terrain vehicles,
go-carts, tractors, buggies, wagons, snowmobiles, and mopeds.
The operator of any vehicle involved in an accident within the
corporate limits of the Village of Sherwood shall, within 10 days
after such accident, file with the Calumet County Sheriff's Department
a copy of the report required by §§ 346.66 to 346.73,
Wis. Stats., if any. If the operator is unable to make such report,
any occupant of the vehicle at the time of the accident capable of
making such report shall have a duty to comply with this section.
Such reports shall be subject to the provisions and limitations in
§§ 346.66 to 346.73, Wis. Stats.
A.
The Village Administrator, upon the recommendation of either the
Calumet County Sheriff or the Director of Public Works, is hereby
authorized and delegated to have procured, erected and maintained
appropriate standard traffic signals, signs and markings conforming
to the rules of the State Department of Transportation giving such
notice of the provisions of this article as required by state law.
Signs shall be erected in such location and manner as the Village
Administrator shall determine will best effect the purpose of this
article and give adequate warning to users of the streets, highways
and roads of the Village of Sherwood as specified in § 346.02(7),
Wis. Stats. Disobedience of regulations emplaced by the Village Administrator,
marked and posted according to this section, shall constitute a violation
of such regulations as adopted in this article. The Village Administrator
shall have authority under this section to provide for the installation
of yield signs, stop signs, traffic signals at intersections, and
regulations concerning stopping, standing or parking of vehicles.
The Director of Public Works, when proceeding under the authority
of this section, shall, within 48 hours thereafter, file notice with
the Village Clerk-Treasurer and the Calumet County Sheriff's Department
as to any traffic signs authorized and posted pursuant to this section.
B.
Removal of unofficial signs and signals. The Calumet County Sheriff's
Department shall have the authority granted by § 349.09,
Wis. Stats., and is hereby directed to order the removal of a sign,
signal, marking or device placed, maintained or displayed in violation
of this article or § 346.41, Wis. Stats. Any charge imposed
on the premises for removal of such an illegal sign, signal or device
shall be reported to the Village Board of Trustees at its next regular
meeting for review and certification.
C.
Notification to Village Board. The Village Administrator shall notify
the Village Board of all intended installations of said signs such
that the Village Board may take action if so desired.
No operator of a vehicle shall fail or refuse to stop for a
school crossing guard when, in the performance of his or her duties,
the school crossing guard so directs by use of sign or signal. The
provisions of §§ 346.46 and 346.465, Wis. Stats., are
hereby adopted as a Village ordinance and hereby incorporated by reference.
A.
No person shall cause or permit any railroad train, locomotive, car
or combination thereof, whether on the same track or not, to block
any highway crossing, street crossing, or sidewalk crossing in the
Village of Sherwood for longer than 10 minutes.
B.
Any conductor, engineer, brakeman or other person having charge of or directing the movements of any railroad train, locomotive, car or combination thereof who violates this section shall be subject to penalty as provided in § 20-17.
C.
In the event that the blocking of a crossing is caused by accident,
mechanical difficulty or other circumstances solely beyond the control
of the railroad and its employees and such blocking is or shall continue
for longer than 10 minutes, then the conductor, engineer, brakeman
or other person having charge of the train shall notify the Calumet
County 911 Center so that arrangements can be made for emergency and
other vehicles and shall further cooperate by "breaking" the train,
when practical, at the crossing for the purpose of allowing the flow
of traffic.
D.
Any conductor, engineer, brakeman or other person having charge of the movements of the railroad train, locomotive, car or combination thereof who fails to notify the Calumet County 911 Center where there is a blocking caused by accident, mechanical difficulties or other circumstances within 10 minutes of such blockage shall be subject to the penalties as provided in § 20-17.
A.
As used in this section, "motor-driven cycles," "motor bicycles,"
"all-terrain vehicles," "snowmobiles" and "motorcycles" shall have
the definitions applicable under Ch. 340, Wis. Stats., except that
they shall be motor-driven vehicles, not capable of registration under
Ch. 341, Wis. Stats., and also where such motor-driven vehicles do
not meet the equipment requirements in Ch. 347, Wis. Stats.
B.
No person shall operate a motor-driven vehicle not registered or not properly equipped under Subsection A within or on any lands, public or private, within the Village except as specified in Subsection F. No person shall operate and no owner shall consent to being operated on any public right-of-way or street of the Village or upon any public or private lands, including parks within the Village, any motor-driven vehicle which does not meet the registration requirements and is not registered pursuant to Ch. 341, Wis. Stats., or similarly is not equipped and suitable for registration under Ch. 347, Wis. Stats. No parent or guardian of any child shall authorize or knowingly permit such child to violate any of the provisions of this section.
C.
This section shall not apply to the loading and unloading of a motor-driven
cycle, motor bicycle, motorcycle, all-terrain vehicle or snowmobile
on or off the trailer when upon the private property of the owner
of such vehicle.
D.
This section shall not apply to the retail dealer's preparation or
maintenance of a vehicle described in this section, provided that
operation or maintenance by a retail dealer does not cause or constitute
a nuisance.
E.
No owner or person having charge or control of a vehicle defined
under this section shall authorize or permit any person to operate
such vehicle upon private or public lands within the Village nor permit
a person to operate such a vehicle who is not permitted under state
law to operate any such vehicle or who is under the influence of an
intoxicant or any dangerous or narcotic drug.
F.
Motorized vehicles designed or modified for and being used for the
following are exempt from this section:
The penalty for violation of any provision of this article shall be a forfeiture as provided, together with the costs of prosecution imposed as provided in §§ 345.20 to 345.53, Wis. Stats., as adopted by § 20-6 of this article.
A.
Uniform offenses. Except as provided in Subsection C for parking and nonmoving traffic offenses, forfeitures for violation of any provision of Chs. 341 through 348 and 350, Wis. Stats., incorporated and adopted by reference in §§ 20-6 and 20-7 of this article, shall conform to forfeitures for violations of comparable state regulations, including any variations or increases for second offenses. Penalties set forth in Wisconsin Statutes and published by the Wisconsin Judicial Conference are hereby adopted by reference. See § 20-18 of this article for uniformity of deposits, court costs and suit tax.
C.
Parking.
(3)
With the exception of handicap parking violations and snow emergency
violations, forfeitures (fines) issued for the minimum penalty under
this article that are not paid within 10 days will double. If not
paid within 20 days, the fine increases. Fines for handicap violations
and snow emergency violations issued for the minimum penalty under
this article will be increased by an amount if unpaid after 10 days,
and doubled if unpaid after 20 days.
D.
Upon conviction of any alcohol-related offense for which the Village
has expended funds or incurred expense for the withdrawal or testing
of blood or urine, the cost of such service to the Village shall be
added to any forfeiture, court costs, and fees imposed by the court.
A.
Enforcement procedure. This article shall be enforced according to
§§ 345.20 to 345.53, Wis. Stats.
B.
Uniform citation for highway violations. The uniform traffic citation promulgated under § 345.11, Wis. Stats., shall be used for violations of this article relating to highway use, except as herein provided, and shall be used for enforcement of violations of rules of the road relating to parking of vehicles adopted by reference in § 20-6 of this article.
C.
Other violations. All violations of this article shall be enforced
in accordance with §§ 66.0101 to 66.0115, Wis. Stats.
Stipulations of guilt or no contest may be made as provided in § 66.0113,
Wis. Stats., in substantially the form provided in the uniform traffic
citation within five days of the date of the citation for such violation.
Bail deposits may also be made as provided under § 66.0113,
Wis. Stats.
D.
Notice of demerit points and receipt. Every officer accepting a forfeited
penalty or money deposit under this section shall receipt therefor
in triplicate as provided in § 345.26(3)(b), Wis. Stats.
Every officer accepting a stipulation under the provisions of this
section shall comply with the provisions of §§ 343.28,
345.26(1)(a) and 345.27(2), Wis. Stats., and shall require the alleged
violator to sign a statement of notice in substantially the form contained
on the uniform traffic citation and complaint promulgated under § 345.11,
Wis. Stats.
E.
Forfeited penalties and deposits. The deposit schedule adopted by the Wisconsin Judicial Conference and published as the Revised Uniform State Traffic Deposit Schedule shall be required as the forfeited penalties and deposits or bail not including costs or fees. For violations of this article not provided in the uniform schedule, the deposit (not including costs or fees) shall be as set forth in § 20-17.
F.
Stipulation of no contest. Any person charged with a violation of this article, except §§ 346.62(1) and 346.63(1), Wis. Stats., may make a stipulation of no contest pursuant to § 345.27, Wis. Stats., which shall be received at the Calumet County Sheriff's Department or the office of the Clerk of Court within 10 days of the date of the alleged violation. Such person shall, at the time of entering into the stipulation, make a deposit required under Subsection B if he or she has not already done so. A person who has mailed or filed a stipulation under this subsection may, however, appear in court on the appearance date and may be relieved from the stipulation for cause shown as required in § 345.37, Wis. Stats.
G.
Parking citations. Citations for all nonmoving traffic violations
under this article shall conform to § 345.28, Wis. Stats.,
and shall permit direct mail payment of the applicable minimum forfeiture
to the Village offices within five days of the issuance of the citation
in lieu of court appearance. The issuing officer shall specify the
amount of the applicable forfeiture as provided in this article.
H.
Pursuant to the provision of § 345.28(4), Wis. Stats.,
the Village does hereby elect to participate in the Nonmoving Traffic
Violation and Registration Program of the Wisconsin Department of
Transportation and pay the costs established by the Department, which
said costs shall, in turn, be assessed against the persons charged
with nonmoving traffic violations. The Calumet County Sheriff's Department,
in the matter of unpaid citation, is herein and hereby appointed the
delegated agency of the Village of Sherwood, and the Village Administrator
is hereby authorized to file with the State Department of Transportation
the appropriate notice of the Village's election to participate in
the Nonmoving Traffic Violation and Registration Program with the
Wisconsin Department of Transportation. All provisions of § 345.28,
Wis. Stats., concerning the Nonmoving Traffic Violation and Registration
Program of the Wisconsin Department of Transportation and Ch. Trans
128, Wis. Adm. Code, concerning the Nonmoving Traffic Violation and
Registration Program are hereby incorporated herein at length by reference.
Pursuant to the municipal authority of the Village granted by
law and the authority granted under Ch. 349 and §§ 345.28
and 345.47, Wis. Stats., the Village hereby adopts and incorporates
by reference the authority, policy and procedures as follows:
