[Adopted 12-11-2013 by Ord. No. 104; amended 2-13-2014 by Ord. No.
104A]
A.
Title. This article shall be known as the "City of Arcadia Traffic
Ordinance" and shall be referred to in this article as the "Traffic
Ordinance" or "this code."
B.
Purpose. The purpose of the Traffic Ordinance is to provide for a
uniform traffic code, for an official traffic control map, and for
safe passage of traffic in the City of Arcadia.
C.
Scope. The scope of the Traffic Ordinance is to regulate all motor
vehicles operating upon highways within the municipal limits of the
City of Arcadia.
As used in this article, the following terms shall have the
meanings indicated:
A motor vehicle, trailer, semitrailer, or mobile home, whether
or not the vehicle is registered under Ch. 341, Wis. Stats., which
is or reasonably appears to be incapable of operation or use upon
a public highway.
Shall have the meaning specified under Wis. Stat. § 340.01(2g).
[Added 1-4-2023 by Ord. No. 2023-1]
All vehicles not operating on pneumatic tires and all vehicles
or combination of vehicles designed or used for transporting property
of any kind or used in transporting property of any nature and having
a gross weight of more than 6,000 pounds, excluding common passenger
vehicles used primarily for commuting purposes, recreational vehicles
(RVs), pickup trucks used primarily for personal transportation purposes,
garbage trucks, U-haul and other similar residential moving trucks,
school buses, passenger buses, delivery trucks, utility vehicles,
and farm equipment. [See § 349.17(1) and (2), Wis. Stats.]
A surface that is comprised of asphalt, concrete, pavement,
impermeable crushed rock, or similar materials and is constructed
to a depth sufficient to distribute the weight of a vehicle over such
surface to preclude deterioration and deflection of the area due to
vehicle load, adverse weather, or other conditions.
[Added 10-6-2021 by Ord. No. 2021-2]
A parking lot, parking structure, or other parking facility
that is owned, leased, or operated by the City of Arcadia, Wisconsin,
for the parking of vehicles by the public.
Every highway or portion thereof which has been declared
by the State of Wisconsin or the City of Arcadia pursuant to § 349.07,
Wis. Stats., to be a through highway and at the entrances to which
vehicular traffic from intersecting highways is required by traffic
control signals or stop signs to stop.
All signs, signals, markings, and other devices used to regulate,
warn, or guide traffic, placed on, over, or adjacent to a street,
highway, pedestrian facility, bikeway, or private road open to public
travel by authority of a public agency or official having jurisdiction,
or, in the case of a private road, by authority of the private owner
or private official having jurisdiction.
Shall have the meaning specified under Wis. Stat. § 23.33(1)(ng).
[Added 1-4-2023 by Ord. No. 2023-1]
Except as otherwise specifically provided in this code, the
statutory provisions in Chapters 340 to 351 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 regulation for which the statutory penalty is
a fine or term of imprisonment, are hereby adopted and by reference
made a part of this code 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 code. Any future amendments,
revisions, or modifications of the statutes incorporated herein are
intended to be made part of this code in order to secure uniform statewide
regulation of traffic on the highways, streets, and alleys of the
State of Wisconsin.
It shall be the duty of the Street Superintendent to erect and install uniform traffic control devices. Whenever traffic regulations created by this code, including a State of Wisconsin traffic regulation adopted by reference in § 360-10, require the erection of uniform traffic control devices for enforcement, the Street Superintendent shall procure, erect, and maintain uniform traffic control devices conforming to the Uniform Traffic Control Device Manual promulgated by the Wisconsin Department of Transportation giving notice of such traffic regulations to the users of the streets and highways on which such regulations apply. Whenever state law grants discretion to local authorities in erecting or placement of a uniform traffic control device, devices shall be erected in such locations and in such a manner as in the judgment of the Common Council, or a committee or person appointed by the Mayor, subject to approval from the Common Council, with the input of the Chief of Police, will carry out the purposes of this code and give adequate warning to users of the streets and highways of the City.
A.
Official Traffic Control Map established. There is hereby established
an Official Traffic Control Map for the City upon which shall be indicated
no parking areas, restricted parking areas, stop signs, arterial intersections,
special speed limits, one-way highways, school crossings and all other
restrictions or limitations contained in this code, as from time to
time amended or modified by the Common Council, when laws of the State
of Wisconsin require or permit the erection or use of official traffic
control devices to enforce such restrictions or limitations. All such
restrictions and limitations set forth on said Official Traffic Control
Map are hereby adopted by reference.
B.
Violations prohibited. When official traffic control devices giving
notice of the restrictions, prohibitions and limitations shown on
the Official Traffic Control 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 Control Map
shall be a violation of the provisions of this code.
C.
Additions to map. The Common Council may from time to time make additions
to or deletions from the Official Traffic Control Map, and the Common
Council, or a committee or person appointed by the Mayor, subject
to approval from the Common Council, with the input of the Chief of
Police, shall keep such Official Traffic Control Map current according
to changes authorized by the Common Council.
D.
Map to be maintained. A copy of the Official Traffic Control Map
shall be maintained and displayed in the City Hall and Police Department
for the City of Arcadia. The Common Council, or a committee or person
appointed by the Mayor, subject to approval from the Common Council,
with the input of the Chief of Police, shall make changes authorized
by the Common Council on said map within three working days after
the appropriate official traffic control device is erected or removed,
as the case may be.
E.
Prohibited signs and markers in highways. No person, other than an officer authorized by this code to erect and maintain official traffic control devices or his or her designee, shall place within the limits of any street or highway maintained by the City any sign, signal, marker, mark or monument unless permission is first obtained from the Common Council, or a committee or person appointed by the Mayor, subject to approval from the Common Council, with the input of the Chief of Police. Any sign, signal, marker, mark or monument placed or maintained in violation of this subsection shall be subject to removal as provided in Subsection F.
F.
Removal of unofficial signs, signals, markers and traffic control
devices. The Common Council, or a committee or person appointed by
the Mayor, subject to approval from the Common Council, with the input
of the Chief of Police, may remove any sign, signal, marking or other
device which is placed, maintained, or displayed in violation of this
code or state law. Any charge imposed against premises for removal
of a prohibited or illegal sign, signal, marking or device shall be
reported by the Common Council, or a committee or person appointed
by the Mayor, subject to approval from the Common Council, with the
input of the Chief of Police, to the Common Council for review and
certification at its next regular meeting following the imposition
of the charge. Any charge not paid on or before the next succeeding
November 15 shall be placed upon the tax roll for collection as other
special municipal taxes.
The Common Council, with the input of the Chief of Police, hereby
determines that the statutory speed limits on the following streets
or portions thereof are unreasonable, unsafe, and imprudent and modifies
such speed limits as follows:
A.
Through highways designated. In the interest of public safety and
pursuant to the authority granted by Wisconsin law, the following
highways or portions thereof, as well as those highways indicated
on the Official Traffic Control Map, are declared to be through highways:
(1)
Main
Street (East Main Street and West Main Street).
(2)
North
Second Street and Third Street.
(3)
Pearl
Street from the south curbline of Main Street to the south City limits.
(4)
Washington
Street from the south curbline of Main Street to the south City limits.
(5)
St.
Joseph Avenue from the south curbline of Main Street to the south
City limits.
(6)
Fairfield
Avenue from the south curbline of East Main Street to the south City
limits.
B.
Operators to obey traffic control devices. Every operator of a vehicle approaching an intersection at which an official traffic control device is erected in accordance with this section shall obey the direction of such official traffic control device as required by the Wisconsin Statutes incorporated by reference in § 360-10 of this code. Operators of vehicles approaching a stop sign shall stop before entering a highway as required by § 346.46, Wis. Stats.
A.
One-way highways. Highways or portions thereof maintained by the
City as one-way highways shall be designated on the Official Traffic
Control Map and no person shall drive or operate a vehicle on any
such highway or portion thereof except in that one direction. Without
limiting the foregoing, Madison Street, from its intersection with
Cleveland Street to its intersection with Main Street, shall be a
one-way highway with traffic traveling only in a southerly direction,
and Cleveland Street, from its intersection with Madison Street to
its intersection with Monroe Street, shall be a one-way highway with
traffic traveling only in an easterly direction.
B.
Turns prohibited.
(1)
Right turns prohibited. No operator of any vehicle shall make a right
turn at any of the locations indicated on the Official Traffic Control
Map.
(2)
Left turns prohibited. No operator of any vehicle shall make a left
turn at any of the locations indicated on the Official Traffic Control
Map.
(3)
U-turns prohibited. U-turns are prohibited at the locations indicated
on the Official Traffic Control Map.
C.
Miscellaneous lane and turn controls. The Common Council, or a committee
or person appointed by the Mayor, subject to approval from the Common
Council, with the input of the Chief of Police, is authorized, when
in its judgment the safety of the situation requires, to place official
traffic control devices within or adjacent to intersections directing
that a different course from that specified in § 346.31,
Wis. Stats., be travelled by vehicles turning at the intersection
and to mark lines for traffic designating separate lanes for slow
moving traffic or for traffic moving in a particular direction.
[Amended 7-17-2017 by Ord. No. 223]
A.
Streets designated Class "B" highways. All streets within the City of Arcadia, Wisconsin, are hereby designated Class "B" highways subject to the weight limitations imposed on Class "B" highways by the Wisconsin Statutes adopted by reference in § 360-10 of this code, except the following enumerated highways or parts of highways:
B.
Heavy traffic routes. The following streets or parts thereof within
the jurisdiction of the City of Arcadia, as well as those streets
indicated on the Official Traffic Control Map, are hereby designated
heavy traffic routes:
[Amended 3-20-2014 by Ord. No. 104B]
(1)
Main Street;
(2)
Those portions of Second Street and Third Street which lie north
of Main Street;
(3)
That portion of West River Street which lies between Madison Street
and Grant Street;
(4)
Monroe Street;
(5)
Jackson Street;
(6)
That portion of West Cleveland Street which lies between Monroe Street
and Jackson Street;
(7)
Grant Street;
(8)
Green Bay Avenue;
(9)
Commercial Street;
(10)
That portion of West Cleveland Street which lies between Commercial
Street and Washington Street;
(11)
Washington Street;
(12)
That portion of East River Street which lies west of Van Buren
Street;
(13)
Van Buren Street;
(15)
(Reserved)
(16)
That portion of Oak Street that lies between Main Street and
Fox Street and the westerlymost 270 feet of Fox Street;
(17)
Wanek Avenue;
(18)
That portion of Sobotta Street which lies between Wilson Street
and Wanek Avenue;
(19)
That portion of Wilson Avenue which lies east of Theisen Street;
(20)
Glowcheski Lane;
(21)
Dettloff Drive;
(22)
Halvorsen Lane;
(23)
Blaschko Avenue;
(24)
That portion of Nelson Drive which lies north of Wanek Avenue;
(25)
Harvest Drive;
(26)
Clydesdale Avenue; and
(27)
Clydesdale Drive.
C.
Prohibited heavy traffic routes. Heavy traffic is prohibited from
using any City street or highway not designated as a heavy traffic
route. This section shall not act to prohibit heavy traffic from using
a City street or highway for the purpose of obtaining orders for supplies
or moving or delivering supplies or commodities to or from any place
or business or residence which has an entrance on such street or highway.
Furthermore, this section will not act to prohibit heavy traffic from
using any City streets over which are routed state trunk highways.
When being driven to the site of any construction, repair, or maintenance
of electric, gas, water or sanitary sewer service, vehicles owned
and operated by a public utility will be exempt from the provisions
of this section.
D.
Administration. The City Street Superintendent, or an employee of
the City Street Department designated by the Mayor, in cooperation
with the Chief of Police, shall administer this section. Administration
shall include:
[Amended 7-17-2017 by Ord. No. 223]
(1)
Posting of signs. Appropriate signs shall be posted giving notice
of this section and of the heavy routes established herein. Yellow
signposts may also be used to designate heavy traffic routes.
(2)
Maps. Heavy traffic routes shall be shown on the Official Traffic
Control Map.
(3)
Construction equipment and heavy traffic permits. The Chief of Police
may grant temporary permits to allow heavy construction equipment
or heavy traffic to use City streets not designated as heavy traffic
routes. Such temporary permits shall be in effect for a period of
time that the Chief of Police determines to be appropriate in each
given case, but in no event to exceed 90 days under any permit. These
permits may be granted when use of a nondesignated route is necessary
for the equipment to reach a construction site or when necessary for
a legitimate business purpose that does not endanger the public safety
or pose the risk of destruction of or damage to any highway or street.
When considering whether or not to grant a temporary permit for construction
equipment or heavy traffic, the Chief of Police shall consider how
the granting of the temporary permit would affect the volume of traffic
and frequency of traffic on the affected highways or streets, and
the Chief of Police shall also consider how the volume and frequency
of traffic will affect public safety and the potential destruction
of or damage to affected highways or streets. No permit may be issued
unless the person or corporation owning the equipment agrees to reimburse
and hold the City harmless for any damages done to the City street
by the equipment and/or any personal injury or property damage caused
in whole or in part by the street damage.
E.
Liability. Any operator, corporation, owner, or agent whose heavy
traffic vehicle damages any City street or highway in violation of
this section shall be liable and required to pay the City the cost
of repair or replacement of the damaged street or highway.
F.
Special and season weight limitations. The Street Superintendent shall have the authority to impose special or seasonal weight limits on any highway, bridge, or culvert maintained by the City to prevent injury to the roadway or for the safety of the users of such bridge or culvert and shall be responsible for erecting uniform traffic control devices thereon in accordance with the provision of § 360-11 of this code.
[Amended 7-17-2017 by Ord. No. 223]
A.
Restrictions contained within applicable Wisconsin Statutes. All nonmoving traffic regulations are adopted by reference as described in § 360-10.
[Amended 7-17-2017 by Ord. No. 223]
B.
Limited time parking and municipal parking facilities.
(1)
Official traffic control devices. When official traffic control devices
or parking meters are erected in any block giving notice thereof,
no person shall park, stop, or leave standing a vehicle, whether attended
or unattended, for more than the following time periods between the
hours of 7:00 a.m. and 6:00 p.m. on any day except Sundays and holidays
on any of the following highways or parts thereof:
(2)
Thirty-minute parking. Parking any vehicle at the following locations
is limited to 30 minutes per vehicle between the hours of 8:00 a.m.
and 6:00 p.m., inclusive, on each day:
(a)
The four southerly most parking spaces on the west side of Grant
Street.[1]
[1]
Editor's Note: Former § 360-16B(2)(b), which immediately followed this subsection, was renumbered § 360-16G(11) 10-19-2022 by Ord. No. 2022-3.
(b)
The two southerly most parking spaces on the east side of Monroe
Street.
[Added 10-2-2017 by Ord.
No. 2017-2]
(4)
Municipal parking facilities.
(a)
Official traffic signs or markers. The City of Arcadia may post
official traffic signs or markers to control parking in a municipal
parking facility.
(b)
Municipal parking facility statutes. No person may park, stop, or leave standing any vehicle, whether attended or unattended, and whether temporarily or otherwise, in a municipal parking facility in violation of any official traffic sign or marker; provided, however, that this section shall not be construed to create a violation of any provision of Chapters 340 to 351 of the Wisconsin Statutes which has been adopted pursuant to § 360-10 of this code which may be applicable to a municipal parking facility; all such violations shall be enforced under § 360-22 of this code.
(5)
Washington Court.
(a)
It is the intention of the City that parking of vehicles in
the Washington Court parking lot be limited to visitors to the City
of Arcadia or patrons of the City of Arcadia's downtown businesses
in the vicinity of the Washington Court parking lot.
(b)
No vehicle shall remain parked in the Washington Court parking
lot for more than four hours.
(c)
Parking of vehicles in the Washington Court parking lot shall
not be permitted between the hours of 2:30 a.m. and 6:00 a.m.
(d)
No one may use the Washington Court parking lot as a space to
perform maintenance, mechanical work, or any other type of work on
any vehicle, unless such work is performed on an unplanned basis in
order to remove the car from the lot.
(e)
Violations of this Subsection B(5) will be enforced with municipal citations for each offense. Each day during which a violation continues shall constitute a separate offense.
C.
Truck, van and trailer parking. It shall be unlawful for the operator
of any vehicle other than a motorcycle or car to stop, stand, or park
such vehicle upon each of first two marked parking spaces on East
Main Street and West Main Street nearest to the intersections of East
Main Street and West Main Street with St. Joseph Avenue, Van Buren
Street, and Commercial Street each of the first two marked parking
spaces on the north side of West Main Street nearest to the intersection
with Monroe Street, each of the first two marked parking spaces on
the south side of West Main Street nearest the intersection of Jackson
Street with West Main Street, the first two marked parking spaces
on the south side of West Main Street east of Monroe Street, the first
parking space on the north side of West Main Street east of Grant
Street, and the first two parking spaces east of Green Bay Avenue
on the north side of West Main Street, except as provided in § 346.50,
Wis. Stats., as it may be amended from time to time. For purposes
of this subsection, the term "car" means any vehicle except a bus,
truck, pickup truck, van, minivan, or sport utility vehicle, regardless
of the size or length, or any other type of vehicle of similar height,
regardless of size or length.
[Amended 12-7-2022 by Ord. No. 2022-4]
D.
Vehicle locking requirements. It shall be required that every passenger
motor vehicle be equipped with a lock suitable to lock either the
starting lever, throttle, steering apparatus, gear shift lever, or
ignition system; no person may permit a motor vehicle in the custody
of that person to stand or remain unattended on any street, road,
or alley, or in any public place, except an attended parking area,
unless either the starting lever, throttle, steering apparatus, gear
shift or ignition of the vehicle is locked and the key for that lock
is removed from the vehicle. This subsection does not apply to motor
vehicles operated by common motor carriers as defined in § 194.01(1),
Wis. Stats., as it may be amended from time to time.
E.
Parking prohibited at all times. Except temporarily for the purpose
of and while actually engaged in loading and unloading or in receiving
or discharging passengers or property and while the vehicle is attended
by a licensed operator so that it may be moved promptly in case of
an emergency or to avoid obstruction of traffic, no person shall at
any time park or leave standing any vehicle upon any of the highways
or parts of highways as indicated on the Official Traffic Control
Map.
F.
Parking prohibited during certain periods. No person shall park or
leave standing any vehicle upon any of the following highways or parts
of highways at the time indicated, except temporarily for the purpose
of and while actually engaged in receiving or discharging passengers:
(1)
Washington Street. No parking between 2:30 a.m. and 6:00 a.m. on
any day.
(2)
East Main Street. No parking between 2:30 a.m. and 6:00 a.m. on any
day.
(3)
West Main Street. No parking between 2:30 a.m. and 6:00 a.m. on any
day.
(4)
Second Street/Third Street/County Highway A. From the intersection
of Second Street (also known as County Highway A) with River Street,
north along Second Street and Third Street (also known as County Highway
A) to the corporate limits, no parking between 2:30 a.m. and 6:00
a.m. on any day.
(5)
South Madison Street. Parking for members of the Arcadia-Glencoe
Fire Department when responding to emergency calls, for training,
or for meetings of the Arcadia-Glencoe Fire Department or Fire Board,
and parking for Arcadia Police Department officers or employees, first
responders, municipal representatives, municipal officials, or municipal
employees, and any relevant citizen or person, when participating
in a meeting at the Arcadia-Glencoe Fire Department or other events
held open to such officers, employees, first responders, municipal
representatives, municipal officials, or relevant citizens and people,
on the east side of South Madison Street from the south curbline of
West Main Street to the north curbline of West Cleveland Street.
(6)
Grant Street. On the west side of Grant Street, the third parking
spot north of the intersection with West Main Street between the hours
of 7:00 a.m. and 10:00 a.m. on any Monday.
(7)
Fairfield
Avenue. The east side of Fairfield Avenue extending 1,200 feet north
from the north line of Reit Lane between the hours of 7:15 a.m. and
4:00 p.m. on days when school is in session.
[Added 10-19-2022 by Ord. No. 2022-3]
G.
Parking, stopping, or standing prohibited. No person shall park,
stop, or leave standing any vehicle for any purpose upon the following
highways or parts of highways at any time:
(1)
The north side of that portion of West Main Street extending from
the west line of Madison Street westerly to the Trempealeau River.
(2)
The east side of Commercial Street between West Main Street and Cleveland
Street.
(3)
The south 205 feet on the east side of Commercial Street between
Harrison Street and Cleveland Street and the south 255 feet on the
west side of Commercial Street between Harrison Street and Cleveland
Street.
(4)
The west 102 feet along the south side of Cleveland Street immediately
to the east of its intersection with Commercial Street.
(5)
The west side of that portion of Madison Street extending from the
south line of Main Street to the south line of Cleveland Street.
(6)
The east side and the west side of Washington Street between the
intersections of Washington Street and Main Street and Washington
Street and Cleveland Street.
(7)
The east and west side of that portion of North Oak Street from the
north line of Main Street to the north line of the North Oak Street
bridge.
[Added 6-6-2018 by Ord.
No. 2018-5]
(8)
The
north 100 feet of the east side of that portion of Pearl Street extending
south from the intersection with Main Street.
[Added 6-17-2020 by Ord. No. 2020-5]
(9)
The
north 50 feet of the east side and the west side of that portion of
First Street extending south from the intersection with Main Street.
[Added 6-17-2020 by Ord. No. 2020-5]
(10)
The south 170 feet of the east side of that portion of Simpson Street
extending north from the intersection with Main Street.
[Added 6-17-2020 by Ord. No. 2020-5]
(11)
The two easterly most parking spaces on the north side of Main
Street between Grant Street and Jackson Street.
[Added 10-19-2022 by Ord. No. 2022-3[2]]
[2]
Editor's Note: This subsection was renumbered from § 360-16B(2)(b).
(12)
The south side of Wilson Avenue between Pearl Street and Simpson
Street.
[Added 10-19-2022 by Ord. No. 2022-3]
(13)
The north side of Main Street extending 60 feet to the west from
the west line of North Jackson Street and extending 60 feet to the
east from the east line of North Jackson Street.
[Added 10-19-2022 by Ord. No. 2022-3]
(14)
Van Buren Street. The east side of Van Buren Street extending 440
feet north from the north line of Main Street.
[Added 10-19-2022 by Ord. No. 2022-3]
(15)
The north side of West Main Street extending 60 feet to the east
from the east line of Madison Street.
[Added 12-7-2022 by Ord. No. 2022-4]
H.
Postal deposit box parking prohibited. No person shall park, stop,
or leave standing any vehicle either attended or unattended in those
parking spaces as indicated on the Official Traffic Control Map, except
for the purpose of depositing letters in the mailbox located adjacent
thereto.
I.
Miscellaneous parking restrictions.
(1)
Street maintenance. Whenever it is necessary to clear or repair a
City roadway or any part thereof, the City Street Department shall
post such highways or parts thereof with signs bearing the words "No
Parking – Street Maintenance Work." Such signs shall be erected
at least two hours prior to the time that street maintenance work
is to be commenced. No person shall park a motor vehicle in violation
of such signs.
(2)
Parking in driveways. No person shall park or leave standing any
motor vehicle in any private driveway without the permission of the
owner or lessee of the property upon which such driveway is located,
whether or not such driveway is posted to limit or restrict parking.
(3)
Parking heavy vehicles in residential districts. No operator of a
motor truck, truck-tractor, trailer, or semitrailer or any other vehicle
or combination of vehicles, other than motorbuses, weighing more than
6,000 pounds shall park such vehicle on any highway other than a routed
state trunk highway in any residential district except for such time
as is reasonably necessary to facilitate loading or unloading of the
vehicle.
(4)
Emergency parking restrictions. Pursuant to §§ 323.11
and 323.14(3) and (4), Wis. Stats., the Common Council may declare,
by ordinance or resolution, an emergency existing within the City
whenever conditions arise by reason of a riot or civil commotion,
a disaster, or an imminent threat of a disaster that impair transportation,
food or fuel supplies, medical care, fire, health or police protection,
or other critical systems of the local unit of government. The period
of emergency shall be limited by the ordinance or resolution to the
time during which the emergency conditions exist or are likely to
exist. The powers conferred on the Common Council under § 323.11,
Wis. Stats., include the general authority to order whatever is necessary
and expedient for the health, safety, protection, and welfare of persons
and property within the local unit of government in the emergency
and include the power to bar, restrict, or remove all unnecessary
traffic, both vehicular and pedestrian, from the highways, notwithstanding
Chapters 340 to 351 of the Wisconsin Statutes. If, because of the
emergency conditions, the Common Council is unable to meet promptly,
the Mayor shall exercise by proclamation all of the powers conferred
upon the Common Council as hereinbefore set forth that appear necessary
and expedient. The proclamation shall be subject to ratification,
alteration, modification, or repeal by the Common Council as soon
as the Common Council can meet, but the subsequent action taken by
the Common Council shall not affect the prior validity of the proclamation.
(5)
Street storage.
[Added 5-16-2016 by Ord.
No. 104C]
(a)
No person, firm, partnership or corporation shall park, store or
leave standing any motor home, mobile home, boat, boat trailer, manufactured
home, camping trailer, trailer or vehicle having two or fewer axles,
or a motor home or camping trailer having three or more axles, as
those terms are defined under § 340.01, Wis. Stats., on
any public street or public parking lot for more than 72 consecutive
hours. Except for motor homes and camping trailers, no person, firm,
partnership or corporation shall park, store or leave standing any
semitrailer or vehicle having three or more axles, as those terms
are defined under § 340.01, Wis. Stats., on any public street
or public parking lot for more than two consecutive hours.
(b)
This Subsection I(5) shall not be construed or applied to limit, change or modify any parking restriction contained in Subsection B(5) and shall not apply to vehicles owned or operated by the City and vehicles while directly and actively engaged in commercial activities for which such vehicles are used in the ordinary course of business. Notwithstanding anything in this Subsection I(5) to the contrary, where more restrictive parking limits have been established, the more restrictive limits shall apply.
(c)
A permit may be applied for to obtain a temporary exemption from the requirements of this Subsection I(5). The permit application form shall be prescribed by the Chief of the City's Police Department and is available from the City Clerk-Treasurer. Applications for permits shall be filed with the City Clerk-Treasurer. The Chief of the City Police Department may approve, with or without conditions, or deny any such permit in his or her sole discretion. This Subsection I(5) is subject to the limitations set forth in § 346.50(2) and (2a), Wis. Stats., as amended from time to time.
J.
Unlawful removal of parking citations. No person other than the owner
or operator thereof shall remove a municipal parking violation ticket
from a motor vehicle.
K.
Removal of illegally parked vehicles. In accordance with § 349.13(3),
Wis. Stats., whenever any traffic officer finds a vehicle standing
upon a highway in violation of a prohibition, limitation or restriction
on stopping, standing or parking imposed under this code, the traffic
officer is authorized to move the vehicle or to require the operator
in charge thereof to move the vehicle to a position where parking
is permitted or to either private or public parking or storage premises.
The removal may be performed by, or under the direction of, the traffic
officer or may be contracted for by the City. The operator or owner
of the vehicle removed shall pay the reasonable charges for moving
or towing or any storage involved. No person who removes or stores
a vehicle under this section or otherwise at the request of a law
enforcement officer may incur any civil liability for the act, except
for civil liability for failure to exercise reasonable care in the
performance of the act or for conduct that is willful, wanton or malicious.
L.
Registration record of vehicle as evidence. In the event a traffic
officer cannot determine who was operating a vehicle that is in violation
of this section and in accordance with § 885.237(1), Wis.
Stats., the registration for the motor vehicle is prima facie evidence
that the motor vehicle has been operated by the owner of the motor
vehicle.
M.
Parking
of vehicles prohibited in certain residential areas.
[Added 2-19-2020 by Ord. No. 2020-3]
(1)
It
shall be a violation for any person to park or to cause or permit
the parking of a vehicle on any surface that is not an improved surface
as defined in this article within any front, side or rear yard of
any lot which has a residence. A vehicle shall be considered in violation
of this section if any of its tires are parked on any surface that
is not an improved surface.
[Amended 10-6-2021 by Ord. No. 2021-2]
(2)
For the purposes of this section, the terms "front yard," "side yard," and "rear yard" shall have the same meanings as they are given under § 425-3 of this Code.
(3)
It
shall not be considered a violation of this section if a trailer weighing
no more than 3,000 pounds of gross weight is parked in the rear yard
of any lot which has a residence.
[Amended 10-6-2021 by Ord. No. 2021-2]
(4)
Each
day during which a violation of this section continues shall constitute
a separate offense.
A.
No person may operate or park, stop, or leave standing a motor vehicle while using a radio, siren, or other electric sound-amplification device emitting sound from the vehicle that is clearly audible under normal conditions from a distance of 50 or more feet, unless the electric sound-amplification device is being used to request assistance or warn against an unsafe condition. The prohibition of this section shall not apply to any of the uses under § 349.135(2), Wis. Stats. As described in § 360-10, Chapters 340 to 351 of the Wisconsin Statutes are adopted by reference, including § 346.94(16), Wis. Stats., but this section specifically restricts sounds that can be heard from distances of 50 feet or more.
B.
At the time of issuing a citation for a violation of this section,
a law enforcement officer may impound any radio, electric sound-amplification
device, or any other sound-producing device used in the commission
of the violation if the person charged with such violation is the
owner of the radio, electric sound-amplification device, or other
sound-producing device and has two or more prior convictions within
a three-year period of violating this section. The law enforcement
officer may impound the vehicle for not more than five working days
to permit the City or its authorized agent to remove the radio, electric
sound-amplification device, or any other sound-producing device if
the vehicle is owned by the person charged with the violation and
the sound-producing device may not easily be removed from the vehicle.
Upon removal of the sound-producing device, the impounded vehicle
shall be returned to its rightful owner. The City may recover from
the violator the cost of impounding the sound-producing device and,
if a vehicle is impounded, the cost of impounding the vehicle and
removing the sound-producing device. Upon disposition of the forfeiture
action for the violation of this section, the sound-producing device
shall be returned to its rightful owner. The City may dispose of any
sound-producing device or, following the procedure for an abandoned
vehicle under § 342.40, Wis. Stats., any impounded vehicle
which has remained unclaimed for a period of 90 days after disposition
of the forfeiture action. This section does not apply to a radio,
electric sound-amplification device, or any other sound-producing
device on a motorcycle. Any seized sound-producing device shall be
treated in substantially the same manner provided in §§ 973.076
and 973.077, Wis. Stats., for property realized through the commission
of any crime, except that the sound-producing device shall remain
in the custody of the applicable law enforcement agency. If the sound-producing
device is sold by the law enforcement agency, all proceeds of the
sale shall be retained by the City of Arcadia.
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.
A.
Abandonment of vehicles prohibited. No person shall abandon any vehicle
unattended within the City for such time and under such circumstances
as to cause the vehicle to reasonably appear to be abandoned.
B.
Presumption of abandonment. Any vehicle left unattended for more
than 24 hours on any public streets or grounds, or on private property
where parking is prohibited, limited or restricted, without the permission
of the owner or lessee, is deemed abandoned and constitutes a public
nuisance, provided that the vehicle shall not be deemed abandoned
under this section if left unattended on private property out of public
view, by permission of the owner or lessee.
C.
Exceptions. This section shall not apply to a vehicle in an enclosed
building, a vehicle in an appropriate storage place or depository
maintained in a lawful place and manner authorized by the City or
a vehicle parked in a paid lot or parking space where the required
fee has been paid.
D.
Removal and impoundment or sale. Any vehicle found abandoned in violation of this section shall be impounded by a City police officer until lawfully claimed or disposed of as provided in this section. If the Chief of Police or his or her duly authorized representative determines that towing costs and storage charges for the minimum impoundment period in Subsection E would exceed the value of the vehicle, the vehicle may be junked or sold prior to the expiration of the impoundment period upon determination by the Chief of Police that the vehicle is not wanted for evidence or any other reason, provided that vehicles in excess of 19 model years of age shall be sold or disposed of only by auction sale or sealed bid in accordance with Subsection G of this section.
F.
Notice to owner. The City police officer removing or causing the
removal of any vehicle found in violation of this section shall immediately
notify the Chief of Police of the abandonment and location of the
impounded vehicle and shall within 10 days thereafter notify the owner
and lienholders of record, by certified mail, of the impoundment and
of their rights to reclaim the vehicle. The notice shall set forth
the information contained in § 342.40(3), Wis. Stats., and
shall state that the failure of the owner or lienholders to exercise
their rights to reclaim the vehicle shall be deemed a waiver of all
right, title and interest in the vehicle and a consent to sale of
the vehicle.
G.
Sale. Each retained vehicle not reclaimed by the owner or lienholder
may be disposed of by sealed bid or auction sale as provided in § 342.40(3),
Wis. Stats.
H.
Sale to bar claims against vehicle. The sale of a motor vehicle under
the provisions of this section shall forever bar all prior claims
thereto and interest therein except as hereinafter provided.
I.
Purchaser to remove vehicle. The purchaser of any vehicle on sealed bid or auction sale under Subsection G shall have 10 days to remove the vehicle from the storage area upon payment of a storage fee established by the Common Council by resolution for each day the vehicle has remained in storage after the second business day subsequent to the sale date. Ten days after the sale, the purchaser shall forfeit all interest in the vehicle and the vehicle shall be deemed to be abandoned and may be again sold.[2]
J.
Request for list. Any listing of vehicles to be sold pursuant to
this section shall be made available by the City Clerk-Treasurer to
any interested person or organization who or which makes a written
request, for a fee established by the Common Council by resolution.[3]
K.
Notice to Department of Transportation. Within five days after sale
or disposition of a vehicle under this section, the Clerk-Treasurer
shall advise the Wisconsin Department of Transportation of such sale
or disposition on a form supplied by the Department.
L.
Owner may file. At any time within two years after the sale of a
motor vehicle as provided herein, any person claiming ownership of
such a motor vehicle or a financial interest therein may present a
claim to the Common Council setting forth such facts as are necessary
to establish such ownership or interest and that the failure of the
claimant to reclaim the vehicle prior to sale was not the result of
the neglect or fault of the claimant. If the Common Council is satisfied
as to the justice of such claims, it may allow the same, but in no
case shall the amount allowed exceed the sum paid into the City treasury
as the result of the sale of such motor vehicle, nor the amount of
interest of the claimant therein.
No person shall operate or park on any street any vehicle for
the primary purpose of advertising.
[Added 1-4-2023 by Ord. No. 2023-1[1]]
A.
Operation on streets and designated ATV routes. No person shall operate
an ATV within the corporate limits of the City of Arcadia except upon
a street maintained by the City which is the shortest and most reasonable
normal travel course as between the individual's place of residence
or place they are staying and to the closest designated ATV route.
ATVs may be operated on streets maintained by the City that are not
designated ATV routes only for the purposes of direct access to or
from a designated ATV route. Pursuant to Wis. Stat. § 23.33(11)(am),
ATVs and UTVs are authorized to operate only upon the designated portions
of the following streets within the City of Arcadia:
(1)
County Highway J, from the southern municipal boundary line to its
intersection with West Cleveland Street.
(2)
West Cleveland Street, from its intersection with County Highway
J to its intersection with Commercial Street.
(3)
Commercial Street, from its intersection with West Cleveland Street
to its intersection with West Main Street.
(4)
West Main Street, from its intersection with Commercial Street to
its intersection with Grant Street.
(5)
Grant Street, from its intersection with West Main Street to its
intersection with West River Street.
(6)
West River Street, from its intersection with Grant Street to its
intersection with County Highway A.
(7)
County Highway A, from its intersection with West River Street to
the northern municipal boundary line.
(8)
Gavney Road, from its intersection with County Highway J, to Pearl
Street.
(9)
Pearl Street, from its intersection with Gavney Road, to Wilson Avenue.
(10)
Wilson Avenue, from its intersection with Pearl Street, to Harvest
Lane.
(11)
Harvest Lane.
(12)
Nelson Road (a.k.a. Nelson Drive).
B.
In addition, pursuant to Wis. Stat. § 23.33(11)(am), ATVs
and UTVs are authorized to operate only upon the following streets
within the City of Arcadia:
(1)
West Street, from its intersection with West River Street to its
intersection with State Highway 95, but solely for the purpose of
accessing the convenience store located on the south side of State
Highway 95.
(2)
West Main Street, from its intersection with Commercial Street, to
Grant Street.
(3)
Wilson Avenue, from the West side of State Highway 93, to the East
side of State Highway 93.
[Added 1-4-2023 by Ord. No. 2023-1]
A.
The following regulations apply on all areas designated in § 360-21 of the City of Arcadia Code of Ordinances:
(1)
No person shall operate an ATV/UTV in the City unless such ATV/UTV
and the operation of such ATV/UTV complies with Wisconsin law applicable
to ATVs/UTVs, including but not limited to Wis. Stat. § 23.33,
which is hereby adopted and made applicable within the City of Arcadia.
(2)
No person shall operate an ATV/UTV in the City except on an approved route under § 360-21 of the City of Arcadia Code of Ordinances.
(3)
No ATV/UTV shall be operated at a speed greater than posted speed
limits.
(4)
No ATV/UTV may be operated on any designated route without fully
functional headlights, taillights, and brake lights.
(5)
No ATV/UTV may be operated within the City between the hours of 1:00
a.m. and 7:00 a.m.
(6)
No person under the age of 18 years may operate, or ride as a passenger
in or on an ATV/UTV in the City unless wearing approved, protective
head gear.
(7)
No person shall operate an ATV/UTV in the City unless such person
has successfully completed any safety course required by the State
of Wisconsin.
(8)
No ATV/UTV may be operated in the City which ATV/UTV is not currently
registered as required under Wisconsin law or which does not display
registration information required under Wisconsin law.
(9)
All occupants of an UTV operated in the City are required to wear
a seat belt.
(10)
The routes designated in § 360-21 of the City of Arcadia Code of Ordinances are open year-round.
(11)
No open intoxicants are allowed while operating, or as a passenger in, any ATV/UTV on any road or approved route under § 360-21 of the City of Arcadia Code of Ordinances.
(12)
No person shall operate an ATV/UTV in the City without valid
proof of liability insurance.
(13)
ATVs/UTVs operated in the City shall not park in any location
which has not been marked or designated as a location for parking
of motor vehicles.
B.
The authority to operate an ATV/UTV under § 360-21 of the City of Arcadia Code of Ordinances does not apply to snowmobiles, golf carts, or go-carts and the operation of snowmobiles, golf carts, or go-carts on the route authorized under § 360-21 of the City of Arcadia Code of Ordinances is expressly prohibited.
A.
Forfeiture penalty.
[Amended 7-17-2017 by Ord. No. 223]
(1)
The penalty for any moving traffic violation of this code adopted by this code shall be the forfeiture as hereinafter provided together with the corresponding penalty surcharge imposed by § 757.05, Wis. Stats., the jail surcharge imposed by § 302.46(1), Wis. Stats., the driver improvement surcharge imposed by § 346.655, Wis. Stats., if applicable, the crime laboratories and drug law enforcement surcharge imposed under § 165.755, Wis. Stats., and courts costs as provided in § 22-10 of this Code.
(2)
The penalty for a violation of a uniform statewide parking, stopping, or standing regulation adopted by this code, or an overtime parking provision of this code, or a violation of other parking provisions of this code not included in Subsection A(1) shall be the forfeiture as hereinafter provided together with court costs as provided in § 22-10 of this Code.
(3)
In the event the state enacts legislation which requires the imposition of additional assessments in municipal court actions, Subsection A(1) and (2), as applicable, shall be automatically amended to include the assessment enacted by the state and shall take effect upon passage of the state legislation without further action of the Common Council.
B.
Other sanctions.
(1)
By court. Nothing herein shall preclude or affect the power of the
sentencing court to exercise additional authorities granted by the
Wisconsin Statutes to suspend or revoke the operating privileges of
the defendant or to order the defendant to submit to assessment and
rehabilitation or attend traffic safety school in addition to payment
of a monetary penalty or in lieu of imprisonment.
(2)
By municipality. No person who has been convicted of a violation
of any provision of this code shall be issued a license or permit
by the City Clerk-Treasurer, except a marriage, hunting, fishing or
dog license, until the forfeiture imposed for such violation and any
penalty assessment, court costs and fees or surcharge are paid.
C.
Forfeitures for violations of moving traffic violations. Forfeitures for violations of any moving traffic regulations set forth in the Wisconsin Statutes adopted by reference in § 360-10 of this code shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable Wisconsin Statute, including any variations or increases for subsequent offenses; provided, however, that this subsection shall not be construed to permit prosecution under this code for any offense described in Chapters 340 to 351 of the Wisconsin Statutes for which an imprisonment penalty or fine may be imposed upon the defendant.
D.
Forfeitures for parking violations.
(1)
Forfeitures for uniform statewide parking, stopping and standing offenses. Minimum and maximum forfeitures for violation of nonmoving traffic regulations adopted by reference in §§ 360-10 and 360-16A of this code as described in Chapters 340 to 351 of the Wisconsin Statutes shall be as provided for the comparable state nonmoving traffic violation.
[Amended 7-17-2017 by Ord. No. 223]
(2)
Limited time parking and municipal parking facility violations. The forfeiture for violations of the provisions of § 360-16B of this code relating to limited time parking and municipal parking facilities shall not be less than $10 nor more than $100 for the first offense within 24 hours and not less than $20 nor more than $200 for the second or subsequent offense within 24 hours. With respect to violations relating to limited time parking only, it shall be a separate violation upon each passing of the limited period set forth on the official traffic sign or two hours, whichever is greater, during which a violation occurs or continues to occur.
(3)
Penalty for § 360-16C violations. The forfeiture for violation of § 360-16C relating to prohibited truck and van parking shall be a forfeiture of not less than $50 nor more than $100 for the first offense and a forfeiture of not less than $100 nor more than $200 for the second and each subsequent offense.
F.
Forfeitures for violations for § 360-16D. Any person convicted of a violation of § 360-16D shall be subject to forfeiture of not less than $30 nor more than $200 for the violation and not less than $150 nor more than $250 for the second or subsequent violation within one year of the previous violation.
G.
(1)
(2)
Whenever a person is convicted of a violation of City Arcadia Code of Ordinances Chapter 360, the clerk of the court in which the conviction occurred shall forward to the Wisconsin Department of Natural Resources (the "Department") the record of such conviction. The record of conviction forwarded to the Department shall state whether the offender was involved in an accident at the time of the offense.
[1]
Editor's Note: This ordinance redesignated former Subsection
G as Subsection H.
H.
Other violations. Any person who shall violate any provision of this
code for which a penalty is not established by this section shall
be subject to a forfeiture of not less than $10 nor more than $100.
This article shall be enforced in accordance with the applicable
provisions of the Wisconsin Statutes and this section.
A.
Applicable court procedures. Except where otherwise specifically
provided by the laws of the State of Wisconsin or this code, the traffic
regulations in this code shall be enforced in the Municipal Court
of the City of Arcadia in accordance with the provisions of Chs. 345
and 800, Wis. Stats.
B.
Citations.
(1)
Uniform citation and complaint. The Wisconsin uniform traffic citation
and complaint described and defined in the Wisconsin Statutes shall
be used for enforcement of all provisions of this code except those
provisions which describe or define nonmoving traffic violations and
violations of §§ 346.71 through 346.73, Wis. Stats.
Violations of §§ 346.71 through 346.73, Wis. Stats.,
shall be reported to the District Attorney and the Wisconsin uniform
traffic citation shall not be used in such cases except upon written
request of the District Attorney.
(2)
Parking citations. The City Attorney shall recommend a citation for use in enforcing the nonmoving traffic regulations in this code. When approved by the Common Council, such citation shall be used for enforcement of nonmoving traffic regulations created or adopted by this code, including violations of nonmoving traffic regulations defined and described in the Wisconsin Statutes adopted by reference in § 360-10, and all provisions of §§ 360-16 and 360-17 of this code. The citation for nonmoving traffic violations shall contain a notice that the person cited may discharge the forfeiture for violation of a nonmoving traffic regulation and penalty thereof by complying with Subsection C. The citation form attached hereto is hereby approved for nonmoving violations.[1] Nonmoving traffic citations may be issued by law enforcement
officers or by civilian employees of the Police Department.[2]
C.
Deposits and stipulations.
(1)
Who may make. Persons arrested or cited for violation of moving or
nonmoving traffic regulations created by this code shall be:[3]
(2)
Delivery or mailing of deposit and stipulation. The deposit and stipulation
shall be delivered personally by the person cited or mailed to the
office of City Clerk-Treasurer.
(3)
Receipt required. The official or person receiving the deposit shall
furnish and deliver or mail an original receipt for such deposit to
the alleged violator and shall deliver the deposit and stipulation,
and a copy of the receipt, within five days to the City Clerk-Treasurer.
A.
The City of Arcadia has elected pursuant to the provisions of § 345.28(4),
Wis. Stats., and Ch. Trans 128, Wis. Adm. Code, to participate in
the nonmoving traffic violation and registration program of the Wisconsin
Department of Transportation and pay the costs established by the
Department under § 85.13, Wis. Stats. Such costs shall,
in turn, be assessed against persons charged with nonmoving traffic
violations. The office of the Arcadia City Clerk-Treasurer is appointed
as the delegated agency of the City of Arcadia for administrative
purposes and is responsible for complying with the requirements set
forth in § 345.28(4), Wis. Stats.
B.
A sum sufficient to implement and continue City of Arcadia participation
in the traffic registration and violation program of the Wisconsin
Department of Transportation shall be paid out of the general fund
of the City of Arcadia.
C.
The office of the City Clerk-Treasurer shall consult with the office
of the City Attorney to assure compliance with the requirements set
forth in § 345.28(4), Wis. Stats., and Ch. Trans 128, Wis.
Adm. Code.
General references in this code to Wisconsin statutory sections
or chapters describing or defining procedures or authority for enactment
or enforcement of local traffic regulations shall be deemed to refer
to the most recent enactment of the Wisconsin Legislature describing
or defining such procedures or authorities.
A.
Administrative regulations adopted. Except as otherwise specifically
provided in this code, the administrative rules and regulations adopted
by the Secretary of the Wisconsin Department of Transportation and
published in the Wisconsin Administrative Code, in Chapters Trans
1 to 515, describing and defining regulations with respect to vehicles
and traffic, exclusive of any provisions therein relating to the penalties
to be imposed and exclusive of any regulation for which the penalty
is a fine or term of imprisonment, are hereby adopted by reference
and made part of this code as if fully set forth herein. Any act required
to be performed or prohibited by any rule or regulation incorporated
herein by reference is required or prohibited by this code. Any future
amendments, revisions, additional Department of Transportation chapters,
or modifications of the rules and regulations incorporated herein
are intended to be made part of this code in order to secure uniform
statewide regulation of traffic on the highways, streets, and alleys
of the State of Wisconsin.[1]
B.
Noncompliance prohibited. No person shall operate or allow to be operated on any highway, street or alley within the City a vehicle that is not in conformity with the requirements of Subsection A or the provisions of § 110.075 and Ch. 347, Wis. Stats., incorporated by reference in § 360-10 of this code.
C.
Owner's liability. Any owner of a vehicle not equipped as required
by this section who knowingly causes or permits such vehicle to be
operated on a highway in violation of this section is guilty of the
violation the same as if he or she had operated the vehicle. The provisions
of § 347.04, Wis. Stats., relating to nonapplicability of
demerit points, shall apply to owners convicted of violation of this
section.
D.
Safety checks.
(1)
Operators to submit to inspection. When directed to do so by any
law enforcement officer, the operator of any motor vehicle shall stop
and submit such vehicle to an inspection and such tests as are necessary
to determine whether the vehicle meets the requirements of this section,
or that the vehicle's equipment is in proper adjustment or repair.
No persons, when operating a motor vehicle, shall fail to stop and
submit such vehicle to inspection when directed to do so by any law
enforcement officer as herein provided.
(2)
Authority of officer. Any law enforcement officer of the City is
hereby empowered, whenever he or she shall have reason to believe
that any provision of this section is being violated, to order the
operator of the vehicle to stop and to submit such vehicle to an inspection
with respect to brakes, lights, turn signals, steering, horns, and
warning devices, glass, mirrors, exhaust systems, windshield wipers,
tires and other items of equipment.
(3)
Vehicle to be removed from highway. Whenever, after inspections provided
by this section, a law enforcement officer determines that a vehicle
is unsafe for operation, he or she may order it removed from the highway
and not operated, except for purposes of removal and repair, until
the vehicle has been repaired as directed in a repair order. Repair
orders may be in the form prescribed by the Secretary of the Department
of Transportation under § 110.075(5), Wis. Stats., and shall
require the vehicle owner or operator to cause the repairs to be made
and return evidence of compliance with the repair order to the department
of the issuing officer within the time specified in the order.
E.
Penalty. Penalty for violation of any provision of this section,
including the provisions of the Wisconsin Administrative Code incorporated
herein by reference, shall be as provided in § 360-21C of
this code, together with the costs of prosecution and applicable penalty
assessment.
A.
The City of Arcadia has elected pursuant to the provisions of § 71.935,
Wis. Stats., to participate in the Tax Refund Interception Program.
Section 71.935(2), Wis. Stats., permits a municipality to certify
to the Wisconsin Department of Revenue any debt, as defined by § 71.935(1)(a),
Wis. Stats., including certain parking citations, and § 71.935(3)(a),
Wis. Stats., allows the Department of Revenue to offset uncollected
debts against any refund due to a person who owes a debt to the municipality.
B.
The City of Arcadia has elected pursuant to the provisions of § 71.93,
Wis. Stats., to participate in the State Debt Collection Initiative.
Section 71.93, Wis. Stats., allows local governments to utilize collection
tools beyond refund offsets via partnerships with the Wisconsin Department
of Revenue. Said collection tools include the ability to enter into
electronic repayment agreements, attach a debtor's wages or levy a
debtor's bank account to secure payment.
In cases where the provisions of this code are more restrictive
than the measures listed in the Wisconsin state statutes, the City
of Arcadia has adopted this code in order to complement the state
legislation and intends the more restrictive code provisions to be
consistent with the state's legislation. The City of Arcadia passes
such code to be in logical accordance with the state statues, to promote
the purpose of the state legislation, to act in the spirit of the
state legislation, and to address legitimate concerns local to the
City of Arcadia and under the legitimate regulation of the City of
Arcadia.
Appeals of decisions of the City of Arcadia Municipal Court
shall be taken to the Circuit Court in and for Trempealeau County,
Wisconsin, in accordance with Wisconsin law.
