[HISTORY: Adopted by the Common Council of
the City of Burlington 1-5-1988 by Ord. No. 1203(25) as Ch. 7 and
§§ 8.13, 9.31, 9.32, 9.40 and 12.15 of the 1988 Code.
Amendments noted where applicable.]
[Amended 7-2-1991 by Ord. No. 1344(9); 7-7-1998 by Ord. No. 1589(8); 11-18-2003 by Ord. No.
1740(20)]
A.
Except as otherwise specifically provided in this
chapter, the statutory provisions in Chs. 340 to 348 and 350 and §§ 23.33,
167.31 and 941.01, Wis. Stats., describing and defining regulations
with respect to vehicles and traffic for which the penalty is a forfeiture
only, excluding penalties to be imposed and procedure for prosecution,
are hereby adopted and by reference made a part of this section 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 section. Any future amendments, revisions, or modifications
of the statutes incorporated herein are intended to be made part of
this section in order to secure uniform statewide regulation of traffic
on the highways, streets, and alleys of the state.
B.
Except as otherwise specifically provided in this chapter, the rules of the Wisconsin Department of Transportation promulgated under Ch. 110, 347 or 348, Wis. Stats. Including but not limited to the regulatory provisions in Trans 130.05(1) and Ch. Trans 305, Wis. Admin. Code, except rules pertaining to federal motor carrier safety standards, describing and defining regulations for which the penalty thereof is a forfeiture, excluding penalties to be imposed and procedure for prosecution, are hereby adopted and by reference made part of this section as though fully set forth herein. Any act required to be performed or prohibited by any such regulation incorporated herein by reference is required or prohibited in this section. Any future amendments, revisions, or modifications of said rules and regulations incorporated herein are intended to be made part of this section in order to secure uniform statewide regulation of vehicles on the highways, streets and alleys of this state.
[Amended 6-15-2010 by Ord. No. 1900(3)]
Speed zones, through streets, stop signs, yield
right-of-way signs, one-way streets, parking prohibitions and parking
restrictions, parking meter zones and heavy traffic routes shall be
shown on an Official Traffic Map on file in the office of the Police
Department, which map is adopted as part of this section. Failure
to observe the restrictions shown on such map shall be a violation
of this chapter. The Common Council may, from time to time, make additions
to or deletions from such traffic map. The Chief of Police shall cause
all such additions to, or deletions from, such map to be made. Such
map may consist of more than one part.
[Amended 8-2-1988 by Ord. No. 1223(16); 11-1-1988 by Ord. No. 1288(27); 8-3-1993 by Ord. No. 1446(15); 7-2-1991 by Ord. No.
1343(10); 11-5-2008 by Ord. No. 1965(7); 3-18-2014 by Ord. No. 1979(13)]
A.
Angle parking. Angle parking shall be permitted on any street within the City as the Common Council may from time to time approve by appropriate and legal ordinance adopted. Angle parking shall be maintained on the Official Traffic Map by the Chief of Police as authorized in § 293-2 of this chapter.
B.
Municipal parking lots.
(1)
Parking shall be restricted in the municipal parking lots and the
municipal parking structure as indicated on the Official Traffic Map.
(2)
No person shall park any motor vehicle in the municipal parking lots
or municipal parking structure for more than 24 hours.
(3)
No person shall park any motor vehicle in the municipal parking lots
or the municipal parking structure in a manner not in conformity with
the designated marking for stalls provided for the parking of vehicles
or in a manner which would interfere with traffic and the ordinary
and reasonable use of the parking lot for public parking purposes.
(4)
No person shall park any motor vehicle with its trailer attached
or any semitrailer truck in any municipal parking lot.
(5)
Parking permits for municipal parking lots and the municipal parking
structure.
(a)
Parking permits may be issued by the Police Department and will
be valid for one calendar year.
(b)
The cost of a parking permit will be as set by the Common Council.
(c)
A parking permit may be issued by the Police Department for
a resident of the Central Business District to allow motor vehicle
parking in a municipal lot for more than 24 hours.
(d)
A parking permit under above Subsection B(5)(c) shall not be issued unless the Police Department first makes a determination, upon the presentation of a motor vehicle registration slip showing a qualifying address, that there is no other parking available for such downtown resident.
(e)
The parking permit application will contain the name and address
of the owner of the vehicle, the license plate number, an emergency
contact number, and the signature of the applicant, which shall certify
that the owner lives in the City of Burlington Central Business District.
(f)
The owner of any motor truck with valid Wisconsin registration
plates, but which is not used for commercial purposes, is not larger
than 21 feet in length, seven feet in width, and seven feet in height
and which has no more than four single-tired wheels, shall be eligible
to purchase a special permit for said vehicle.
(g)
Certain vehicles not eligible. Motor trucks, except as provided
elsewhere in this chapter, motor buses, trailers, semitrailers, camping
trailers, motor homes and tractors shall not be eligible for special
parking permits.
(h)
The permits will be numbered and will expire at the end of the
calendar year.
(i)
The permit must be displayed when the vehicle is parked in the
municipal lots in excess of 24 hours.
C.
Marked stalls. When streets or curbs have been marked designating
parking stalls, no person shall park any motor vehicle in a manner
not in conformity with such marked stalls.
D.
Truck parking areas. Truck parking areas on Maryland Avenue shall
be limited in occupancy to semitrucks and semitrailers of the general
public only.
E.
Night parking.
(1)
Restrictions.
(a)
No vehicle shall be permitted to stand in one place on a street
or highway for more than 24 hours.
(b)
Restrictions applicable to certain locations.
[1]
No person shall stop, park or leave stand any vehicle on a state
or county trunk highway.
[2]
No person shall stop, park or leave stand any vehicle on any
street or alley in the Central Business District between the hours
of 2:00 a.m. and 5:00 a.m. The Central Business District is bounded
by the area beginning on East State Street at North Dodge Street,
proceeding north on North Dodge Street to East Chestnut Street, west
on East Chestnut Street to North Pine Street, north on North Pine
Street to Mill Street, southwest on Mill Street to West Chestnut Street,
southeast on West Chestnut Street to Milwaukee Avenue, southwest on
Milwaukee Avenue to North Kane Street, south on North Kane Street
to Washington Street, east on Washington Street to North Perkins Boulevard,
south on North Perkins Boulevard to East Jefferson Street, east on
East Jefferson Street to North Pine Street, south on North Pine Street
to East State Street and east on East State Street to North Dodge
Street. The Central Business District shall also include Milwaukee
Avenue from North Pine Street northeast to Bridge Street.
[3]
No person shall stop, park or leave stand any vehicle on any
street or alley in the City which is not a state or county trunk highway
and not in the Central Business District between the hours of 2:00
a.m. and 5:00 a.m. except as herein provided:
[a]
On even-numbered calendar dates, vehicles may be parked on the
side of the street adjacent to lots and houses which have been assigned
even numbers. On odd-numbered calendar dates, vehicles may be parked
on the side of the street adjacent to lots and houses which have been
assigned odd numbers. Alternate-side parking rules are determined
on the calendar date after 12:00 midnight; e.g.: It is December 3,
at 10:00 p.m., and a person does not plan to move his or her vehicle
until the next morning; that person would park on the even side of
the street because it will be December 4 after midnight, and alternate-side
parking is in effect from 2:00 a.m. to 5:00 a.m.
[b]
Where alternate-side parking is not available, including, but
not limited to, a cul-de-sac or a block where no parking is allowed
on one side of the street at any time, parking during the specified
hours shall be allowed on the only available side of the street.
[c]
This section shall not apply to physicians on emergency calls
or other emergency vehicles.
[d]
Alternate-side parking is not allowed on any street or highway
during snow emergencies and emergency declarations.
[e]
Certain vehicles not eligible. Motor trucks used for commercial
purposes, or larger than 21 feet in length, seven feet in width or
seven feet in height, and which have more than four single-tired wheels;
motor buses; trailers; semitrailers; camping trailers; motor homes;
and tractors shall not be eligible for alternate side parking.
(2)
Exceptions.
(a)
Emergencies. This section shall not apply to licensed physicians
and surgeons or ordained clergy in emergency situations.
(b)
The Chief of Police may, when necessary, grant an individual
overnight parking permission.
(c)
Night business establishment areas. Parking shall be permitted
during prohibited hours (2:00 a.m. to 5:00 a.m.) for a period of time
not to exceed one hour in the same block of a business establishment
which is open for business during such hours, except during snow emergencies.
(d)
Parking, including alternate-side parking, is not allowed on
any street or highway during snow emergencies or emergency declarations.
(e)
The Chief of Police may temporarily suspend the enforcement
of night parking restrictions specified herein when exceptional conditions
are determined to exist and report the dates and circumstances to
the City Administrator.
(f)
No permit issued pursuant to this section allows parking in
violation of state law or posted signs.
F.
Stopping, standing or parking in alleys. No person may park, stop
or leave standing any vehicle upon any portion of any alley in the
City except for a period of 15 minutes while actually engaged in loading
or unloading or in receiving or discharging passengers, and in such
event, a licensed operator of such vehicle shall be readily available
so that the vehicle may be promptly moved in case of an emergency
or to avoid obstruction of traffic.
[Amended 12-6-1994 by Ord. No. 1486(17); 11-18-2003 by Ord. No. 1740(20); 11-18-2014 by Ord. No.
1991(10)]
A.
Declaration.
(1)
Winter restricted parking. Winter restricted parking regulations
shall be in force in the City by reason of a heavy snowstorm whenever
snow falls during any period of 24 hours or less to a depth of three
inches or more or has fallen or been blown in such manner as to produce
a congestion of traffic or a traffic hazard. Winter restricted parking
is declared to continue for a period of 48 hours or until such earlier
time as snowplowing operations have been declared completed by the
Supervisor of Streets and Parks or his designated representative.
(2)
Snow emergencies. Notwithstanding any other provision of law, whenever
the Mayor or City Administrator or his or her designee, upon consultation
with the Director of Public Works or his or her designee, together
with the Chief of Police on duty, determine that an emergency exists
because of heavy snowstorm (six inches or more in a twenty-four-hour
period), blizzard or blowing and drifting snow, or other catastrophe,
they may, in the interest of public safety, convenience and necessity,
declare an emergency and prohibit parking on any street or alley in
the City. The declaring officials shall notify the appropriate media
of the emergency pursuant to the City protocol for such notification,
and shall be responsible for notifying the same media at the termination
of the emergency. The emergency may not be terminated without approval
of the Director of Public Works or his or her designee, who shall
determine that street clearing operations have been substantially
completed.
B.
Winter restricted parking regulations. Whenever winter restricted
parking is in force and the Supervisor of Streets and Parks or his
designated representative shall have an announcement thereof made
by whatever means is available, no person shall park, or suffer to
be parked, any vehicle of any kind or description between the hours
of 10:00 p.m. and 6:00 a.m. upon any street, alley or municipal parking
lot.
C.
Snow emergency parking regulations. Whenever a snow emergency has
been declared and the designated representative shall have an announcement
thereof made by whatever means is available, no person shall park,
or suffer to be parked, any vehicle of any kind or description upon
any street, alley or municipal parking lot until such time the emergency
is terminated and the Director of Public Works determines that street
clearing operations have been substantially completed.
D.
Removal. A vehicle of any kind or description parked in violation
of these regulations may be removed by towing to a public parking
lot or other designated lot, either by public or privately owned apparatus
as directed by the Chief of Police or his designated representative,
and shall be ticketed for illegal parking. The City shall not be responsible
for any damage to the vehicle while in the public parking lot or from
being towed.
The Chief of Police or an officer designated
by him may issue courtesy parking permits to nonresidents attending
a convention, institute or other meeting sponsored by a local organization,
business or industry. A person to whom such a courtesy parking permit
is issued shall be subject to prohibited parking restrictions but
shall not be subject to limited parking, provided such permit is displayed
on the inside of the left front door window of the car for which the
permit is issued. Such permit shall be valid only while the person
to whom it is issued is in attendance at the convention, institute
or meeting.[1]
[Added 8-19-2008 by Ord. No. 1867(9)]
A.
Definition. A "neighborhood electric vehicle (NEV)"
means a self-propelled electrically powered motor vehicle that has
successfully completed the neighborhood electric vehicle America test
program conducted by the federal Department of Energy and that conforms
to the definition and requirements for low-speed vehicles, as adopted
in the federal motor vehicle safety standards for "low-speed vehicles"
under 49 CFR 571.3(b) and 571.500. Electric golf carts are not included
within the foregoing definition.
B.
Requirements. A neighborhood electric vehicle shall
be four-wheeled and have a speed range of at least 20 miles per hour
and not more than 25 miles per hour on a paved surface and have a
gross vehicle weight of less than 2,500 pounds. Neighborhood electric
vehicles shall have all of the following specifications:
(1)
Headlamps
(2)
Front and rear turn signals.
(3)
Stop lamps.
(4)
Reflex reflectors; one red on each side as far to
the rear as practicable and one red on the rear.
(5)
An exterior mirror mounted on the driver's side and
either an exterior mirror on the passenger side or an interior rearview
mirror.
(6)
A parking brake.
(7)
A windshield that conforms to the requirements of
the federal motor vehicle safety standard on glazing materials (49
CFR 571.205).
(8)
A vehicle identification number (VIN) that complies
with federal law as provided in 949 CFR 565.
(9)
A Type 1 or Type 2 seatbelt assembly conforming to
49 CFR 571.209 and federal motor vehicle Standard No. 209 for each
designated seating position.
(10)
Meet the general test conditions under 49 CFR
571.50056.
C.
Use on City streets. The use of a neighborhood electric
vehicle on City streets or highways is prohibited except as expressly
authorized by this section.
(1)
Use. The use of an NEV is hereby authorized on roadways
under the jurisdiction of the City of Burlington upon which the speed
limit is 35 miles per hour or less, and further regulated as follows:
(a)
An NEV may be used on connecting highways within
the City of Burlington but only upon those sections where the speed
limit is 35 miles per hour or less. The exact locations shall be shown
on the NEV addendum to the Traffic Map, attached hereto and made a
part hereof, as approved by the Wisconsin Department of Transportation.
(b)
An NEV may cross state trunk highways within
the City of Burlington but only at public intersections where the
speed limit upon the state trunk highway at that particular intersection
is 35 miles per hour or less. The exact locations shall be shown on
the NEV addendum to the Traffic Map, attached hereto and made a part
hereof, as approved by the Wisconsin Department of Transportation.
(c)
Headlamps must be on during operation.
(2)
License and registration required. Neighborhood electric
vehicles shall be registered, titled and licensed by the State of
Wisconsin.
(3)
Permitted users. Any person who operates a neighborhood
electric vehicle on any City street must hold a valid operator's license.
(4)
The operation of a neighborhood electric vehicle must
in all respects comply with the provisions of the Code of the City
of Burlington, inclusive of this chapter.
D.
Penalty. Any person convicted of violating any of the NEV provisions of this section shall be subject to a penalty as provided in Chapter 1, § 1-4, of this Municipal Code. Any person convicted of violating another traffic ordinance while operating an NEV shall forfeit an amount as provided in that ordinance.
A.
No snowmobile shall be operated on highways or streets
located in the City except pursuant to this chapter.
B.
Snowmobiles shall be operated only on the routes designated
by this section. These routes shall be known as the "official snowmobile
routes" and may be modified or changed by the Common Council by adoption
of a map designating different or modified routes. Adoption of different
snowmobile routes shall not modify or alter any other requirements
or regulations of this section.
C.
Snowmobiles shall not be operated on the designated
routes except between the hours of 9:00 a.m. and 11:00 p.m.
D.
There shall be no operation of snowmobiles on the
designated routes except between November 15 and March 15.
E.
Routes are to be marked to designate direction of
travel and location of the route every 100 feet. Trails will be marked
to prohibit travel at speeds greater than 15 miles per hour.
F.
Trails shall follow the route set forth on the map
known as the "Burlington Snowmobile Map" which is incorporated herewith
by reference and made a part hereof. The map shall be kept on file
in the office of the City Clerk and the Police Department.
[Amended 11-18-2003 by Ord. No. 1740(20)]
G.
Nothing in this section shall modify or amend the
regulations of Ch. 350, Wis. Stats., regulating snowmobiles.
H.
Signs will be posted at the terminus of all trails
setting forth the rules and regulations contained in this chapter.
No operator of a motor vehicle shall leave such
vehicle unattended in a public place, except in an attended parking
area, unless the engine shall have been stopped and the starting lever,
throttle, steering apparatus, gear shift or ignition locked and the
key removed from the vehicle. If a police officer shall find a motor
vehicle standing in violation of this section, he shall remove the
keys therefrom and deliver them to the Police Department. He shall
also attach to such vehicle a notice of violation and that the keys
may be recovered at the Police Department on furnishing bail of $5
and proof of ownership.
[Amended 10-19-2004 by Ord. No. 1761(13)]
A.
No operator of any motor vehicle shall cause, by excessive
and unnecessary acceleration, the tires of such vehicle to spin and
emit loud noises or to unnecessarily throw stones or gravel, nor shall
such operator cause to be made by excessive and unnecessary acceleration
any loud noise such as would disturb the public peace.
B.
No operator of any motor vehicle shall operate a vehicle
in a manner which demonstrates carelessness or indifference to the
person or property of the operator or of others, or in a manner which
is careless, unsafe, boisterous, raucous, unreasonably loud or otherwise
disorderly.
A.
All streets and alleys within the City shall be subject
to the following weight limitations, except those streets indicated
on the Official Traffic Map as heavy traffic routes, which shall be
subject to the weight limitations imposed upon Class A highways by
§ 348.15, Wis. Stats., or pertaining to Class B highways
pursuant to § 348.16, Wis. Stats.
B.
Restrictions on use of streets or alleys except heavy
traffic routes. No vehicle except a motor bus which is not equipped
with pneumatic tires or has a combined vehicle load weight exceeding
6,000 pounds shall be operated or moved on any street or alley not
part of the heavy traffic routes designated on the Official Traffic
Map, except for moving or delivering supplies or commodities to or
from a place of business or residence facing thereon, or governmentally
owned vehicles for the purpose of maintaining streets and alleys,
or operating to and from the garage of the owner or operator or for
the purpose of having the truck serviced or repaired or while being
tested, provided that the weight of the vehicle and load on such street
shall not exceed the limitations of § 348.15 or 348.16,
Wis. Stats.
[Amended 11-18-2003 by Ord. No. 1740(20)]
[Amended 11-18-2003 by Ord. No. 1740(20)]
A.
Installation. The Chief of Police and/or the Supervisor
of Streets and Parks shall cause to be erected or installed all regulatory
traffic signs, signals and street markings pursuant to ordinances
establishing such signs, signals and markings.
B.
Supervisor of Streets and Parks to procure signs. The Supervisor of Streets and Parks shall procure, erect and maintain traffic signs, signals and markings conforming to the rules of the Wisconsin Department of Transportation sufficient to give such notice of the provisions of this chapter as is required by state law. He shall also procure, erect and maintain signs, signals and street markings at such locations and in such manner as shall be set forth in an ordinance enacted pursuant to Subsection A.
A.
By authority of § 349.21, Wis. Stats., permission
is given to operators of school buses equipped according to § 347.25(2),
Wis. Stats., to use flashing red warning lights when loading or unloading
children.
B.
Regulations regarding the use of these warning devices
are contained in § 346.48, Wis. Stats.
[Added 7-5-2000 by Ord. No. 1626(30)]
A.
This section shall apply to all premises held open
to the public for use by motor vehicles, whether such premises are
publicly or privately owned and whether or not a fee is charged for
the use thereof.
B.
The operator of a motor vehicle operating on premises
held open to the public for use by motor vehicles must obey the following
traffic regulations. The operator shall:
(1)
Not exceed the posted limit when signs indicating
the speed limit are erected by the maintenance authority in charge
of the premises.
(2)
When approaching an official stop sign at an intersection,
cause such vehicle to stop before entering the intersection and shall
yield the right-of-way to other vehicles which have entered or are
approaching the intersection upon a highway, driveway, or private
road that is not controlled by an official traffic sign or signal.
(3)
Not participate in any race or speed or endurance
contest upon any driveway or private road.
(4)
Upon all roadways of sufficient width, drive on the
right half of the roadway except when:
(a)
Making an approach for a left turn under circumstances
in which the rules relating to left turns require driving on the left
half of the roadway;
(b)
Overtaking and passing under circumstances in
which the rules relating to overtaking and passing permit or require
driving on the left half of the roadway;
(c)
The right half of the roadway is closed to traffic
while under construction or repair; or
(d)
Overtaking and passing pedestrians, animals
or obstructions on the right half of the roadway.
(5)
Upon the approach of any authorized emergency vehicle
giving audible signal by siren, yield the right-of-way and immediately
drive such vehicle to a position as near as possible and parallel
to the right curb or the right-hand edge of the shoulder of the roadway
or private drive, clear of any intersection. Unless otherwise directed
by a traffic officer, the operator shall stop and remain standing
in such position until the authorized emergency vehicle has passed.
This subsection does not relieve the operator of an authorized emergency
vehicle from the duty to drive with due regard under the circumstances
for the safety of all persons using the highway, driveway or private
road.
(6)
Comply with any lawful order, signal or direction
of a traffic officer.
(a)
No operator of a vehicle shall disobey the instructions
of any official traffic sign or signal unless otherwise directed by
a traffic officer.
(b)
No operator of vehicle shall, after having received
a visual or audible signal from a traffic officer or marked police
vehicle, knowingly flee or attempt to elude any traffic officer by
willful or wanton disregard of the signal so as to interfere with
or endanger the operation of the police vehicle or the traffic officer
or other vehicles or pedestrians, nor shall he increase the speed
of his vehicle or extinguish the lights of his vehicle in an attempt
to elude or flee.
(7)
Not follow an authorized emergency vehicle responding
to a call or alarm closer than 500 feet or drive into or park his
or her vehicle within the block where, or within 300 feet of the driveway
entrance or similar point of access to a driveway or road on which,
fire apparatus has stopped in response to an alarm. The personal vehicles
of members of an official public safety department answering the alarm
are considered on official business and are not subject to this provision.
(8)
Unless given consent by the fire department official
in command, not drive a vehicle over any unprotected hose of a fire
department when such hose is laid down on any street, private driveway,
or private road to be used at any fire or alarm of fire.
(9)
When approaching from the front or rear of any school
bus which has stopped on a roadway or private road, when the bus is
equipped according to § 347.25(2), Wis. Stats., and when
it is displaying flashing red warning lights, stop the vehicle not
less than 20 feet from the bus and remain stopped until the bus resumes
motion or the operator extinguishes the flashing red warning lights.
(10)
Not drive a vehicle at a speed greater than
is reasonable and prudent under the conditions and having regard for
the actual and potential hazards then existing. The speed of the vehicle
shall be so controlled as may be necessary to avoid colliding with
any object, persons, vehicle, or other conveyance on or entering the
driveway or private road in compliance with legal requirements and
using due care.
(11)
Consistent with the requirements of Subsection B(2), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, when passing school children, roadway construction or maintenance workers or other pedestrians, and when a special hazard exists with regard to other traffic or by reason of weather or roadway conditions.
(12)
Not drive the wrong way in a driving lane where
such wrong way is indicated by a painted arrow or by the entry angle
of adjoining parking stalls or left of a marked center line in a driving
lane.
C.
The provisions of § 293-9 of this chapter shall be applicable to premises held open to the public.
D.
Citations for violations of this section shall only
be issued for offenses committed on premises not covered by the traffic
code provisions of the Wisconsin Statutes.
G.
HIGHWAY
MOTOR VEHICLE
OPERATOR
PRIVATE ROAD OR DRIVEWAY
ROADWAY
STREET
Definitions. For the purpose of this section, the
following words shall have the meanings indicated:
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 and driveways in the
state, county, or municipal parks and in state forests which have
been open to the use of the public for the purpose of vehicular travel
and roads or driveways upon grounds of public schools, as defined
in § 115.01(1), Wis. Stats., and institutions under the
jurisdiction of the County Board of Supervisors, but does not include
private roads or driveways as defined in this subsection.
A vehicle, including a combination of two or more vehicles
or an articulated vehicle, which is self-propelled, except a vehicle
operated exclusively on a rail.
A person who drives or is in actual physical control of a
vehicle.
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 or held open to the public for use of motor vehicles.
That portion of a highway between the regularly established
curblines or that portion which is improved, designed or ordinarily
used for vehicular travel, including the berm or shoulder. In a divided
private road, the term "roadway" refers to each roadway separately
but not to all such roadways collectively.
Every highway within the corporate limits of the City or
village except alleys.
[Added 11-19-2002 by Ord. No. 1703(17)]
A.
CENTRAL BUSINESS DISTRICT
IN-LINE SKATES
PLAY VEHICLE
SCOOTER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The area inclusive of the named streets, alleys and adjacent
sidewalks and municipal parking lots beginning on East State Street
at North Dodge Street, proceeding north on North Dodge Street to East
Chestnut Street, north through the alley beginning on Chestnut Street
opposite Dodge Street and exiting onto Milwaukee Avenue near the railroad
crossing, southwest on Milwaukee Avenue to Commerce Street, northwest
on Commerce Street to Mill Street, southwest on Mill Street to West
Chestnut Street, southeast on West Chestnut Street to Milwaukee Avenue,
southwest on Milwaukee Avenue to North Kane Street, south on North
Kane Street to Washington Street, east on Washington Street to North
Perkins Boulevard, south on North Perkins Boulevard to East Jefferson
Street, east on East Jefferson Street to North Pine Street, south
on North Pine Street to East State Street and east on East State Street
to North Dodge Street.
Skates with wheels in single file.
A skateboard, roller skates, roller skis, scooter, coaster,
sled, toboggan, unicycle or toy vehicle upon which a person may ride.
"Play vehicle" does not include in-line skates.
A device consisting of handlebars attached by a long rod
to a footboard on two or more wheels. One foot is placed on the board
and the other propels it along.
B.
Bicycles.[1]
(1)
Every person operating or riding a bicycle on any
public street, highway or roadway in the City shall observe any and
all applicable traffic rules and regulations.
(3)
Stunt, acrobatic or trick riding is not permitted
in any of the following places:
(4)
No operator of any bicycle shall tow or draw any wagon,
sled, person on roller skates, toy vehicles or any other similar vehicle
on any public street, highway or roadway except for trailers specifically
manufactured as bicycle tow trailers or trail-a-bike attachments that
enable bicycles to become tandem bicycles.
(5)
No person shall leave a bicycle at such a place or
in such a way as to create a hazard to pedestrians, automobile operators
or to anyone else. Bicycles shall be parked either in bicycle racks
or, if on the sidewalk, in such a manner as to afford the least obstruction
to pedestrian traffic and in such a manner as not to obstruct the
ingress and egress to buildings used by the public.
C.
Skateboards, roller skates, roller skis, scooters
and play vehicles.
(1)
It shall be unlawful for any person to operate or
ride a skateboard, roller skates, roller skis, scooter or other play
vehicle in any of the following places:
(a)
On any City street.
(b)
On any sidewalk in the Central Business District.
(c)
On any portion of the Riverwalk or other municipal
walkway posted "Pedestrian Only."
(d)
In any public parking lot in the Central Business
District.
(e)
In any public parking lot outside the Central
Business District except when transiting through the parking lot.
(f)
On any other public property except where specifically
authorized by posted sign.
(g)
On private property, unless permission has been
received from the owner, lessee or person in charge of that property.
(2)
Operators or riders of skateboards, roller skates,
roller skis, scooters, or play vehicles shall yield the right-of-way
to other pedestrians using the City sidewalks and shall not otherwise
endanger or interfere with pedestrian traffic on those sidewalks.
D.
In-line skates.
(1)
It shall be unlawful for any person to operate in-line
skates in any of the following places:
(a)
On any sidewalk or street in the Central Business
District.
(b)
On any City street designated as a state highway
except when transiting across.
(c)
On any City street with a posted speed limit
greater than 25 miles per hour, except when transiting across.
(d)
In any public parking lot in the Central Business
District.
(e)
In any public parking lot outside the Central
Business District.
(f)
On any portion of the Riverwalk or other walkway
posted "Pedestrian Only."
(g)
On any other public property except where specifically
authorized by posted sign, excluding sidewalks outside the Central
Business District.
(h)
On private property, unless permission has been
received from the owner, lessee or person in charge of that property.
(2)
Rules for in-line skate usage.
(a)
All persons using in-line skates shall be in
single file when on a street and shall ride in a careful and prudent
manner and with due regard under the circumstances for the safety
of all persons using the roadway.
(b)
Every person using in-line skates on any public
street in the City shall observe any and all applicable traffic rules
and regulations.
E.
Damage to property. It shall be unlawful for any person
to operate or ride a bicycle, skateboard or other play vehicle, or
in-line skates in such a manner as intentionally or negligently to
cause damage to property, including damage caused while trick riding,
without the consent of the property owner.
F.
No parent or guardian of any child shall authorize
or knowingly permit such child to violate any of the provisions of
this chapter.
[Amended 8-6-1991 by Ord. No. 1346(8); 11-19-2002 by Ord. No. 1703(17); 11-18-2003 by Ord. No.
1740(20)]
The penalty for violation of this chapter shall
be a forfeiture, plus all applicable assessments and/or surcharges
required by state law, including but not limited to any penalty assessment
required by § 757.05, Wis. Stats., any jail assessment required
by § 302.46(1), Wis. Stats., any crime laboratories and
drug law assessment required by § 165.755, Wis. Stats.,
any domestic abuse assessment required by § 973.055, Wis.
Stats., if applicable, and any consumer protection assessment required
by § 100.261, Wis. Stats., if applicable, plus any applicable
fees and costs prescribed in Ch. 814, Wis. Stats.
A.
State forfeiture statutes. Any forfeiture for violation
of the state statutes adopted by reference in this chapter shall conform
to the forfeiture permitted to be imposed for violation of such statutes
as set forth in the Uniform Deposit and Misdemeanor Bail Schedule
of the Wisconsin Judicial Conference, including any variations or
increases for subsequent offenses, which schedule is adopted by reference.
C.
Parking regulations. Notwithstanding any other provisions of this chapter or any other traffic regulation of the City, the penalty for a violation of a parking regulation or restriction, shall be as set forth in Chapter 1, § 1-4, of this Municipal Code. If the forfeiture is paid within 28 days of the violation upon a stipulation of guilt and a waiver of hearing, without utilization of the municipal court system, no court costs shall be applicable. If payment is not made, violators will be subject to prosecution and/or other collection procedures as set forth in Chapter 1 of this Municipal Code.
[Amended 8-19-2008 by Ord. No. 1868(10)]
D.
Unattended vehicles. When a vehicle is found unattended
and parked in violation of any of the provisions of this chapter,
both the owner and operator of the vehicle shall be responsible, and
the forfeiture and penalty provisions shall apply to the registered
owner when with reasonable diligence it is impossible to ascertain
the actual operator of the vehicle.
A.
Enforcement procedure. This chapter shall be enforced
according to §§ 23.33, 66.0114, 345.11 to 345.61 and
350.17 and Ch. 800, Wis. Stats.
B.
Deposit.
(1)
Any person arrested for a violation of this chapter
may make a deposit of money as directed by the arresting officer at
the police station or at the office of the clerk of court or by mailing
the deposit to such places. The arresting officer or the person receiving
the deposit shall notify the arrested person, orally or in writing,
that:
(a)
If the person makes a deposit for a violation
of a traffic regulation, unless specifically required by the adopted
statute, the person need not appear in court at the time fixed in
the citation and the person will be deemed to have tendered a plea
of no contest and submitted to a forfeiture and all assessments and
surcharges required by state law, plus any applicable fees and cost
prescribed in Ch. 814, Wis. Stats., not to exceed the deposit that
the court may accept as provided in § 345.37, Wis. Stats.
[Amended 11-18-2003 by Ord. No. 1740(20)]
(b)
If the person fails to make a deposit for a
violation of a traffic regulation or appear in court at the time fixed
in the citation, the court may enter a default judgment finding the
person guilty of the offense or issue a warrant for his arrest.
(2)
The amount of the deposit shall be determined in accordance
with the State of Wisconsin Uniform State Traffic Deposit Schedule
established by the Wisconsin Judicial Conference and shall include
all assessments and surcharges required by state law, plus any applicable
fees and cost prescribed in Ch. 814, Wis. Stats. If the Uniform State
Traffic Deposit Schedule does not provide for the violation, the arresting
officer shall require the alleged offender to deposit the forfeiture
established by the City of Burlington Deposit Schedule, which shall
include all applicable assessments, surcharges, fees and court costs.
Deposits for nonmoving violations shall not include assessments unless
otherwise required by state law.
[Amended 11-18-2003 by Ord. No. 1740(20)]
(3)
The arresting officer or the person receiving the
deposit shall issue the arrested person a receipt therefor as required
by § 345.26(3)(b), Wis. Stats.
C.
Petition to reopen judgment. Whenever a person has
been convicted in this state on the basis of a forfeiture of deposit
or a plea of guilty or no contest and the person was not informed
as required under § 345.27(1) and (2), Wis. Stats., the
person may, within 60 days after being notified of the revocation
or suspension of the operating privilege, petition the court to reopen
the judgment and grant him an opportunity to defend on merits. If
the court finds that the petitioner was not informed as required under § 345.27(1)
and (2), Wis. Stats., the court shall order the judgment reopened.
The court order reopening the judgment automatically reinstates the
revoked or suspended operating privilege.
[Amended 11-18-2003 by Ord. No. 1740(20)]
No person may interfere with parking enforcement
actions of a police officer or community service officer, nor may
any person erase, obliterate, cover up, tamper with or remove any
mark placed by a police officer or community service officer on the
tire of a vehicle for enforcement purposes, other than by normal use
after the vehicle is moved from the parking space.
[Amended 2-7-1995 by Ord. No. 1489(20); 11-18-2003 by Ord. No. 1740(20); 8-15-2006 by Ord. No. 1801(5)]
A.
ABANDONED VEHICLE
STREET
TOWING AGENCY
UNATTENDED
UNREGISTERED VEHICLE
VEHICLE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any vehicle that has been left unattended on any street or
highway in the City of Burlington or upon public or private property
without the permission of the owner or other person charged with the
lawful jurisdiction thereof for more than 48 hours.
Any public highway or alley and shall mean the entire width
between the boundary lines of any public way where any part thereof
is open to the public for the purpose of vehicular traffic.
Any towing agency authorized by the City of Burlington to
tow and/or impound vehicles on the City's behalf.
Unmoved from its location with no obvious sign of continuous
human use.
Any motor vehicle required to be registered under Wisconsin
law that is located upon a street or highway and that is not displaying
valid registration plates, a temporary operation plate, or other evidence
of registration as provided under § 341.18(1), Wis. Stats.,
for the vehicle's current registration period or for a registration
period for the vehicle that expired within the immediately preceding
31 days.
Any vehicle which is self-propelled, including a motor vehicle
as defined in the Wisconsin Statutes, and also means every device
in, upon, or by which any person or property is or may be transported,
and every type of equipment on wheels, including farm machinery, whether
or not such vehicle is registered under Wisconsin law.
B.
Appointment of towing agency; presumptions.
(1)
The City shall appoint one or more towing agencies
to act as the City's agent(s) for the purpose of towing, impounding
and/or storing vehicles at the Police Department's direction.
(2)
For purposes of this section, a vehicle shall be presumed
unattended if it is found in the same position 48 hours after issuance
of a traffic ticket or citation and if such traffic ticket or citation
remains placed upon the windshield during said 48 hours.
C.
Abandonment of vehicles prohibited; unregistered vehicles
on streets or highways prohibited.
(1)
No person shall leave unattended any vehicle on any
public street or highway or private or public property in the City
of Burlington for such time and under such circumstances as to cause
the vehicle to reasonably appear to have been abandoned.
(2)
No person shall allow any vehicle to remain standing
upon any private property under either of the following conditions:
(a)
For more than 21 consecutive days unless such
vehicle is currently registered to the property owner, legal resident,
or immediate family residing at such premises, is currently licensed
for operation upon the streets and highways of the state, and is operational
upon the streets and highways of the state; or
(b)
Where such vehicle shall have had its wheels
removed for more than 21 consecutive days.
(3)
No person shall leave an unregistered vehicle on any
public street or highway in the City of Burlington.
D.
Exceptions. This section shall not apply to:
(1)
A vehicle in an enclosed building or a vehicle stored
on a premises licensed for storage of junk or junked vehicles and
fully in compliance with City zoning regulations or to a vehicle parked
in a paid parking lot or space where the required fee has been paid.
(2)
Any vehicle left unattended for more than 48 hours
on any public street or public ground when designated as not abandoned
or not unregistered by the Chief of Police.
E.
Emergency removal.
(1)
Every sworn member of the City Police Department is
hereby authorized to remove or have removed any vehicle whose location
or existence jeopardizes public safety by either creating an unsafe
condition or by significantly hindering the efficient movement of
traffic.
(2)
Any vehicle that has been removed for this purpose
and remains unclaimed for 14 days at the impoundment site after certified
mail notice (with return receipt) has been sent to the owner and lienholders
of record shall be considered abandoned and shall be dealt with according
to the provisions of this section.
F.
Removal, impounding and storage of motor vehicles.
(1)
Authority to remove or impound.
(a)
Abandoned vehicles.
[1]
Every sworn member of the City Police Department
is hereby authorized to remove or to have removed any abandoned, wrecked,
inoperative, junked, dismantled, or partially dismantled vehicle left
at any place within the City of Burlington which reasonably appears
to be in violation of this section or to be lost, stolen, or unclaimed.
[2]
Any City law enforcement officer who discovers
any such vehicle on any public street or highway or private or public
property in the City of Burlington shall cause the vehicle to be removed
to an impoundment location until lawfully claimed or disposed of in
accordance with this section and the procedures of the Police Department.
(b)
Unregistered vehicles.
[1]
Every sworn member of the City Police Department
is hereby authorized to remove or to have removed any unregistered
vehicle left upon any street or highway within the City of Burlington.
[2]
Any City law enforcement officer who discovers
any such unregistered vehicle on any public street or highway in the
City of Burlington shall cause the vehicle to be removed to an impoundment
location until lawfully claimed or disposed of in accordance with
this section, the procedures of the Police Department, and § 341.65(2)(b),
Wis. Stats.
(2)
Prior to having the vehicle towed, the Police Department shall determine whether the vehicle is lost, stolen or unclaimed, and shall determine the value of the vehicle, using a reputable source for the valuation and keeping a record of both the source and the value. If this requirement is impractical because of an emergency removal under Subsection E, this determination shall be made after the vehicle is towed to the City's impound lot.
(a)
Vehicles which are determined to be stolen or
needed for investigation shall be towed to the City's impound lot,
and a fee for towing shall be paid to the towing agency. They shall
be held until such time as the Police Department determines they may
be disposed of pursuant to this section or pursuant to state or federal
law.
(b)
Vehicles which are not stolen or needed for investigation and are determined by the Police Department to be worth more than the cost of towing and storage charges, and substantially complete vehicles in excess of 19 model years old, shall be towed to the City's impound lot, and a fee for towing shall be paid to the towing agency. Such vehicles shall be disposed of pursuant to Subsection H(2).
(c)
Vehicles determined to worth less than the cost of towing and storage charges shall be towed to the towing agency's impound lot, and the towing agency shall store the vehicle until such time as the Police Department notifies the towing agency that the vehicle has not been reclaimed pursuant to Subsection G(2). The towing agency shall have a lien on the vehicle for the cost of towing and storage and may retain possession of the vehicle until such charges are paid. If the value of the vehicle is $500 or less, the towing agency may enforce the lien as set forth in § 779.415, Wis. Stats.
G.
Storage, notice and reclaiming of abandoned and/or
unregistered vehicles.
(1)
Storage and reclaiming. Any vehicle which is determined
by the Police Department to be abandoned and/or unregistered shall
be retained in storage for a period of 14 days after the Police Department
sends a certified mail notice (with return receipt) to the owner and
lienholders of record. A fee in an amount set by the Common Council
for storage of an impounded vehicle shall be charged. Any such vehicle
which may be lawfully reclaimed may be released upon the payment of
all accrued charges, including any forfeiture imposed for the violation
of this section, towing, storage, and notice charges, and upon presentation
of the vehicle title or other satisfactory evidence to the Police
Department or the towing agency to prove ownership or secured party
interest in said vehicle. In the case of unregistered vehicles, satisfactory
evidence that the vehicle is currently registered, or that an application
for registration (including satisfactory emissions inspections) and
the applicable fee has been delivered or mailed to the Department
of Motor Vehicles, or that the vehicle is exempt from registration,
must be presented.
(2)
Notice to owner or secured party. Certified mail notice,
as referred to herein, shall be made by the Police Department and
shall notify the owner and lienholders of record of the following:
(a)
That the vehicle has been deemed abandoned or
unregistered and impounded by the City of Burlington, giving the year,
make, model, and serial number of the vehicle and where the vehicle
is being held, and shall inform the owner and any lienholders of their
right to reclaim the vehicle.
(b)
The determined value of the vehicle.
(c)
If the cost of towing, storage and notice costs
will exceed the determined value of the vehicle.
(d)
That if the vehicle is not wanted for evidence
or other reason, the vehicle may be reclaimed upon the payment of
all accrued charges, including towing, storage, and notice charges,
within 14 days of the date of notice.
(e)
That the failure of the owner or lienholders
to exercise their rights to reclaim the vehicle under this section
shall be deemed a waiver of all right, title, and interest in the
vehicle and a consent to the sale of the vehicle. Each retained vehicle
not reclaimed by its owner or lienholder may be disposed of under
this section.
H.
Disposal of abandoned and/or unregistered vehicles.
(1)
If the Police Department had the vehicle towed to the towing agency's impound lot, the vehicle may be disposed of by the towing agency after it obtains title pursuant to its lien, as set forth in Subsection F(2)(c), but only after storage for a period of 14 days after certified mail notice, as provided in Subsection G(2), has been sent to the titled owner or secured party of record, provided that it is determined that the vehicle is not reported stolen or wanted for evidence or other reason, and provided further that the Police Department has notified the agency that it has not been reclaimed.
(2)
Any vehicle impounded by the City which has not been reclaimed or disposed of pursuant to the provisions of Subsection H(1) may be sold by public auction sale or public sale calling for the receipt of sealed bids. A Class 1 notice, including the description of the vehicle, the name(s) and address(es) of the titled owner and secured party of record, if known, and the time of sale, shall be published before the sale. Any interested person may offer bids on each vehicle to be sold. At such sale the highest bid for any such motor vehicle shall be accepted unless the same is deemed inadequate by the Chief of Police or his designee, in which event all bids may be rejected. If all bids are rejected or no bid is received, the municipality may either readvertise the sale, adjourn the sale to a definite date, sell the vehicle at a private sale or junk the vehicle.
(3)
When any vehicle is to be sold pursuant to Subsection H(2), a public notice shall be posted at the Police Department and at City Hall. The posting of the notice shall be in the same form as the certified mail notice sent to the owner or lienholders of record. Any listing of vehicles to be sold by the City shall be made available to any interested person or organization who or which makes a written request for such list to the Chief of Police or his designee.
(4)
Upon sale of a vehicle pursuant to Subsection H(2), the City shall provide the purchaser with a completed seized/abandoned/unregistered vehicle transfer certificate enabling the purchaser to obtain a regular certificate of title for the vehicle.
(5)
The purchaser shall have 10 days to remove the vehicle from the storage area but shall pay the storage fee set forth in Subsection G(1) for each day the vehicle remains 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 sold again.
I.
Report of sale or disposal. Within five days after
the direct sale or disposal of a vehicle as provided for herein, the
Chief of Police or his designee shall advise the State of Wisconsin
Department of Transportation, Division of Motor Vehicles, of such
sale or disposal on a form supplied by said Division. A copy of the
form shall be given to the purchaser of the vehicle enabling the purchaser
to obtain a regular certificate of title for the vehicle.
J.
Owner responsible for impoundment and disposal costs.
(1)
The owner of any abandoned and/or unregistered vehicle
is responsible for the ordinance violation and all costs of impounding
and disposing of the vehicle. Costs not covered from the sale of the
vehicle may be recovered in a civil action by the City against the
owner.
(2)
Payment of removal and impoundment costs is not required
when the vehicle has been impounded for purposes of law enforcement
investigation.
