[HISTORY: Adopted by the Village Board of the Village of
Coloma 6-30-1994 as Title 8, Ch.
1, of the 1994 Code. Amendments noted where applicable.]
A.
Statutes adopted. Except as otherwise specifically provided in this
Code, the statutory provisions in Chs. 340 to 348, Wis. Stats., describing
and defining regulations with respect to vehicles and traffic, exclusive
of regulations for which the statutory penalty is a fine or term of
imprisonment, are hereby adopted and by reference made a part of this
chapter as if fully set forth herein. Any act required to be performed
or prohibited by any regulation incorporated herein by reference is
required or prohibited by this chapter. Any future amendments, revisions,
or modifications of the statutory regulations in Chs. 340 to 348 incorporated
herein are intended to be made part of this chapter in order to secure,
to the extent legally practicable, uniform statewide regulations of
vehicle traffic on the highways, streets and alleys of the State of
Wisconsin.
B.
Other state laws adopted. There are also hereby adopted by reference
the following sections of the Wisconsin Statutes, but the prosecution
of such offenses under this chapter shall be as provided in Chs. 340
through 348, Wis. Stats., and the penalty for violation thereof shall
be limited to a forfeiture as hereinafter provided in this chapter:[1]
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346.935 Drinking in Motor Vehicle on Highway
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[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III); original Section 8-1-1(c) of the 1994 Code, which immediately followed this subsection and pertained to Wisconsin Statutes of 1983-1984, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C.
General references. General references in this chapter 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 enactments of the Wisconsin
Legislature describing or defining such procedures or authorities.
A.
Duty of Chief of Police to erect and install uniform traffic control devices. Whenever traffic regulations created by this chapter, including a State of Wisconsin traffic regulation adopted by reference in § 444-1, require the erection of traffic control devices for enforcement, the Chief of Police or his/her designee 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 regulation 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, said device shall be erected in such locations and in such a manner as, in the judgment of the Chief of Police or his/her designee, will carry out the purposes of the chapter and give adequate warning to users of the streets and highway of the Village.
B.
Code numbers to be affixed to official traffic control devices. The Chief of Police or his/her designee shall cause to be placed on each official traffic control sign, guide board, mile post, signal or marker erected under Subsection A, a code number assigned by the Wisconsin Department of Transportation and shall also place or direct the placing of code numbers on all existing official traffic control devices as required by the laws of the State of Wisconsin.
C.
Prohibited signs and markers in highway. No person, other than an officer authorized by this chapter to erect and maintain official traffic control devices or his/her designee, shall place within the limits of any street or highway maintained by the Village any sign, signal, marker, mark or monument unless permission is first obtained from the Village Board or, where applicable, the State Department of Transportation. Any sign, signal, marker, mark or monument placed or maintained in violation of this subsection shall be subject to removal as provided in Subsection D.[1]
D.
Removal of unofficial signs, markers, signals and traffic control
devices. The Chief of Police or his/her designee may remove any sign,
signal, marker or other device which is placed, maintained or displayed
in violation of this chapter or state law; any charge imposed against
premises for removal of a prohibited or illegal sign, signal, marker
or device shall be reported by the Chief of Police or his/her designee
to the Village Board 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.
A.
Every operator of a vehicle approaching an intersection at which an official traffic control device is erected in accordance with this chapter shall obey the direction of such official traffic control device as required by the Wisconsin Statutes incorporated by reference in § 444-1 of this chapter. Operators of vehicles approaching a stop sign shall stop before entering a highway as required by § 346.46, Wis. Stats. Operators approaching intersections at which a yield sign has been installed shall yield the right-of-way to other vehicles as required by § 346.18(6), Wis. Stats.
B.
The following speed limits are established:
[Amended 9-24-2015 by Ord. No. 15-01]
(1)
Twenty-five
miles per hour for all vehicles on the following specified Village
streets:
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Busse Road
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Center Street
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Charles Way
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Chilewski Drive
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Church Lane
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Congdon Drive
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First Street
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N. Front Street
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Gould Road
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Hoops Way
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Industrial Drive
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King Street
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Lagoon Road
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Lavia Court
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Linden Street
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Litho Street
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Madison Street
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Main Street
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North Street
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Parkway Drive
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Rogers Road
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N. Scott Street
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S. Scott Street
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Second Street
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Semrow Road
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Slater Street — except as defined below
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South Street
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Third Street
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Westfield Road
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(2)
South
Front Street as follows: coming north into the Village: 35 miles per
hour from the south Village limits going north to the I39 Bridge;
25 miles per hour through the Village going north to the intersection
with State Road 21. Going south out of the Village: 25 miles per hour
through the Village going south from State Road 21 to the I39 Bridge;
35 miles per hour for 560 feet, then 45 miles per hour to the south
Village limits.
(3)
North
Slater Street as follows: coming south into the Village: 25 miles
per hour to the intersection with State Road 21. Going north out of
the Village: 25 miles per hour to speed change to 55 miles per hour
for last 219 feet of North Slater Street.
A.
No person shall park any vehicle or truck having a gross weight in
excess of 8,000 pounds for a period of time longer than one hour from
10:00 p.m. to 6:00 a.m. on any of the streets, alleys and highways
of the Village, except when in the process of loading or unloading
or in a truck parking zone designated by the Village Board.
B.
Trucks transporting toxic or hazardous wastes through the Village
are restricted to State Highway 21.
The Village Board shall have the authority to impose special
or seasonal weight limits to prevent injury to the roadway of any
highway, bridge or culvert within the jurisdiction of the Village
or for the safety of users thereof and shall be responsible for erecting
signs giving notice thereof in accordance with § 349.16,
Wis. Stats.
A.
Seasonal parking. No operator of any vehicle shall park any vehicle
on any public street or Village/public parking area in the Village
of Coloma between the hours of 1:00 a.m. and 5:00 a.m. from and including
November 1 to April 15 of each year.
[Amended 1-31-2019 by Ord. No. 19-01]
B.
Penalty. Any person who shall violate any of the provisions of this
section shall upon conviction thereof, forfeit not less than $5 nor
more than $100 together with costs of prosecution and in default of
payment of the forfeiture and costs of prosecution shall be imprisoned
in the Waushara County Jail until said forfeiture and costs are paid,
but not exceeding 90 days.
C.
Removal of illegally parked vehicles. Any vehicle parked or left
standing upon a highway or street of the Village in violation of the
provisions of this section is declared to be a hazard to traffic and
public safety. Such vehicle shall be removed by the operator, upon
the request of any police officer to a position where parking, stopping
or standing is not prohibited. Any police officer after issuing a
citation for illegal parking, stopping or standing of an unattended
vehicle in violation of the section is authorized to remove such vehicle
to a position where parking is not prohibited. The officer may order
a motor carrier holding a permit to perform vehicle towing services,
a licensed motor vehicle salvage dealer or a licensed motor vehicle
dealer who performs vehicle towing services to remove and store such
vehicle in any storage garage or rental parking grounds or any facility
of the person providing the towing services. In addition to other
penalties provided by this Code, the owner or operator of a vehicle
so removed shall pay the cost of towing and storage.
A.
Parking prohibited. No person shall stop, park or leave standing
any vehicle, whether attended or unattended and whether temporarily
or otherwise, in any of the following places:
(1)
Within an intersection.
(2)
On a crosswalk.
(3)
On a sidewalk or sidewalk area, except when parking in such place
is clearly indicated by official traffic signs or markers or parking
meters.
(4)
Alongside or opposite any highway excavation or obstruction when
such stopping or standing would obstruct traffic or when pedestrian
traffic would be required to travel in the roadway.
(5)
On the roadway side of any parked vehicle unless double parking is
clearly indicated by official traffic signs or markers.
(6)
Within 20 feet of the driveway entrance to a fire station.
(7)
Upon any portion of a highway where and at the time when stopping
or standing is prohibited by official traffic signs indicating the
prohibition of any stopping or standing.
(8)
In any place or manner so as to obstruct or hinder traffic.
(9)
Within 10 feet of a fire hydrant, unless a greater distance is indicated
by an official traffic sign.
(10)
Upon any portion of a highway where and at the time when parking
is prohibited, limited or restricted by official traffic signs.
(11)
Upon any bridge.
B.
Angle parking. Angle parking or parking diagonally is prohibited
on all the streets, alleys and highways of the Village except where
vehicle parking markers indicated that the same is permissible.
[Added 10-30-2014 by Ord.
No. 14-03]
No vehicle shall be parked at any time in the following location(s):
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Name of Street
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Side
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Location
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State Trunk Highway 21 (Follett Drive)
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Both
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From Fourth Avenue easterly 0.82 mile to Madison Street in the
Village of Coloma, Sections 14 and 15, Town 18 North, Range 8 East,
Waushara County, Wisconsin
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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.
When official traffic signs indicating such restrictions have been erected in accordance with § 444-2 of this chapter, no person shall park, stop or leave standing any vehicle upon any portion of a street, highway or public or private parking facility reserved for vehicles displaying special registration plates or identification cards or emblems issued by the Wisconsin Department of Transportation or for vehicles registered in another jurisdiction, by such other jurisdiction designating the vehicle as one used by a physically disabled person.
No person other than the owner or operator thereof shall remove
a Village parking ticket from a motor vehicle.
When any vehicle is found upon a street or highway in violation of any provision of this chapter regulating the stopping, standing or parking of vehicles and the identity of the operator cannot be determined, the owner, as shown by the ownership registration of the vehicle supplied by the Wisconsin Department of Transportation or a comparable authority of any other state, shall be deemed to have committed the violation for purposes of enforcement of this chapter and specifically § 444-1 and shall be subject to the applicable forfeiture penalty; provided the defenses defined and described in § 346.485(5)(b), Wis. Stats., shall be a defense for an owner charged with such violation.
The operator of every vehicle involved in an accident shall,
within 10 days after such accident, file with the Village Police Department
a copy of the report required by § 346.70, Wis. Stats.,
if any. If the operator is unable to make such report, any occupant
of the vehicle at the time of the accident capable of making such
report shall have the duty to comply with this section. Such reports
shall be subject to the provisions and limitations of §§ 346.70(4)(f)
and 346.73, Wis. Stats.
Notwithstanding the provisions of § 346.48(2)(b)2, Wis. Stats., adopted by reference in § 444-1 to the contrary, school bus operators shall use flashing red warning lights in residential and business districts when pupils or other authorized passengers are to be loaded or unloaded at locations at which there are no crosswalk or traffic signals so that pupils must cross the street or highway before being loaded or after being unloaded.
A.
Unlicensed operators prohibited. No person who does not hold a valid
operator's license shall operate a vehicle in any public parking
lot or ramp or in any private parking lot or ramp held out for the
use of parking for the general public.
B.
Traffic regulations applicable. All provisions of § 444-1 of this chapter and of the Wisconsin Statutes and laws incorporated herein by reference shall be applicable on any public parking lot or ramp and on any private parking lot or ramp held out for use of the general public for parking or vehicular travel.
No driver of any vehicle, including motorcycles, all-terrain
vehicles and bicycles, shall cause, by excessive and unnecessary acceleration,
the tires of such vehicle or cycle to spin and emit loud noises or
to unnecessarily throw stones or gravel; nor shall such driver cause
to be made by excessive and unnecessary acceleration any loud noise
as would disturb the public peace.
A.
Hazard to public safety. Any vehicle parked, stopped or standing
upon a highway in violation of any of the provisions of this chapter
is declared to be a hazard to traffic and public safety.
B.
Removal by operator. Such vehicle shall be removed by the operator
in charge, upon request of any traffic officer, to a position where
parking is permitted or to a private or public parking or storage
premises.
C.
Removal by traffic officer. Any traffic officer after issuing a citation
for illegal parking, stopping or standing of an unattended vehicle
in violation of this chapter, is authorized to remove such vehicle
to a position where parking is permitted.
D.
Removal by private service. The officer may order a motor carrier
holding a permit to perform vehicle towing services, a licensed motor
vehicle salvage dealer or a licensed motor vehicle dealer who performs
vehicle towing services to remove and store such vehicle in any public
storage garage or rental parking grounds or any facility of the person
providing the towing services.
E.
Towing and storage charges. In addition to other penalties provided
in this chapter, the owner or operator of a vehicle so removed shall
pay reasonable cost of moving, towing and storage. If the vehicle
is towed or stored by a private motor carrier, motor vehicle salvage
dealer or licensed motor vehicle dealer, actual charges regularly
paid for such services shall be paid. If the vehicle is stored in
a public storage or rental facility, customary charges for such storage
shall be paid. Upon payment, a receipt shall be issued to the owner
of the vehicle for the towing or storage charge.
A.
Storage prohibited. No person owning or having custody of any partially dismantled, inoperable, wrecked, junked or discarded motor vehicle shall allow such vehicle to remain on any public highway, parking lot or ramp longer than 72 hours after notification thereof by the Police Department. Notification shall be accomplished by placing in a conspicuous place on the vehicle and by mailing or serving upon the owner or occupant in charge of the premises a written notice setting forth briefly the applicable provisions of this section and the Date of the notice. Any vehicle so tagged which is not removed within 24 hours after notice is declared to be a public nuisance and may be removed as provided in § 444-17.
B.
Exemptions. This section shall not apply to a motor vehicle in an
appropriate storage place or depository maintained in a lawful place
and manner authorized by the Village Board.
No person shall permit any motor vehicle in his/her custody
to stand or remain unattended on any street, alley or other public
area 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 such lick is removed from the vehicle.
A.
Administrative regulations adopted. The following Wisconsin Administrative
Code rules and regulations adopted by the Secretary of the Wisconsin
Department of Transportation and published in the Wisconsin Administrative
Code, exclusive of any provisions therein relating to the penalties
to be imposed, are hereby adopted by reference and made part of this
chapter as if fully set forth herein:[1]
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Ch. Trans 146
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Vehicle Registration and Fuel Trip Permits
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Ch. Trans 305
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Standards for Vehicle Equipment
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Ch. Trans 326
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Motor Carrier Safety Requirements for Transportation of Hazardous
Materials
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Ch. Trans 300
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Transportation of School Children
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Ch. Trans 304
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Slow Moving Vehicle Emblem
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B.
Noncompliance prohibited. No person shall operate or allow to be operated on any highway, street or alley within the Village 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 § 444-1 of this chapter.
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/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 person, 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 Village
is hereby empowered whenever he/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, warning
devices, glass, mirrors, exhaust systems, windshield wipers, tires
and other items of equipment.
(3)
Vehicle to be removed from highway. Whenever, after inspection as
provided by this section, a law enforcement officer determines that
a vehicle is unsafe for operation, he/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.
A.
Forfeiture penalty. Unless otherwise provided in this chapter, the
penalty for violation of any provision of this chapter shall be a
forfeiture as hereafter provided, together with court costs and fees
prescribed by §§ 814.63(1) and (2) and 814.65(1), Wis.
Stats., the penalty assessment for moving traffic violations and the
driver improvement surcharge imposed by §§ 757.05 and
346.655, Wis. Stats., is applicable. Payment of the judgment and applicable
court costs, fees, assessments and surcharges may be suspended by
the sentencing court for not more than 60 days, any person 18 years
of age or older who shall fail to pay the amount of the forfeiture,
court costs, any penalty assessment, driver surcharge or other penalty
imposed for violation of any provision of this chapter may, upon order
of the court entering judgment therefor and having jurisdiction of
the case, be imprisoned until such forfeiture, costs and assessment
are paid, but not exceeding 90 days.[1]
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 Statues to suspend or revoke the operating privileges of
the defendant, order the defendant to submit to assessment and rehabilitation
programs or to attend traffic safety 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 chapter shall be issued a license or permit
by the Clerk/Treasurer, except a dog license, until the forfeiture
imposed for such violation and any penalty assessment, court costs
and fees or surcharge is paid.
C.
Forfeitures for violation of moving traffic regulations. Forfeitures for violations of any moving traffic regulation set forth in the Wisconsin Statutes adopted by reference in § 444-1 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 chapter for any offense described in Chs. 341 to 348, Wis. Stats., for which an imprisonment penalty or fine may be imposed upon the defendant.
D.
Forfeitures for parking violations.
(1)
Forfeiture for uniform statewide parking, stopping, and standing offenses. Minimum and maximum forfeitures for violation of nonmoving traffic regulations adopted by reference in § 444-1 as described in Chs. 341 to 348, Wis. Stats., shall be as provided for the comparable state nonmoving traffic violation.[2]
E.
Other violations. Any person who shall violate any provision of this
chapter for which a penalty is not otherwise established by this section
shall be subject to a forfeiture of not less than $3 nor more than
$200.
A.
Enforcement procedures. This chapter shall be enforced in accordance
with the applicable provisions of the Wisconsin Statutes and this
section.
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 chapter 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 Chief of Police shall recommend a citation for use in enforcing the nonmoving traffic regulations in this chapter. When approved by the Common Council, such citation shall be used for enforcement of nonmoving traffic regulations created or adopted by this chapter, including violations of nonmoving traffic regulations defined and described in the Wisconsin Statutes, adopted by reference in § 444-1, and all provisions regarding nonmoving traffic violations in this chapter. 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(2) of this section. Nonmoving traffic citations may be issued by law enforcement officers or by civilian employees of the Police Department.[1]
C.
Deposits and stipulations.
(1)
Moving traffic offenses.
(a)
Who may make. Persons arrested or cited for violation of moving
traffic regulations created by this chapter shall be permitted to
make deposits and stipulations of no contest or be released by the
arresting officer in accordance with the applicable provisions of
the Wisconsin Statutes. Stipulations of guilty or no contest may be
made by persons arrested for violations of this chapter in accordance
with § 66.0114(1)(b) of the Wisconsin Statutes whenever
the provisions of § 345.27 of the Wisconsin Statutes are
inapplicable to such violations. Stipulations shall conform to the
form contained on the uniform traffic citation and complaint under
§ 345.11, Wis. Stats., and may be accepted within five days
of the date of the alleged violation. Stipulations may be accepted
by the Waushara County Clerk of Circuit Court.[2]
(b)
Delivery or mailing of deposit and stipulation. Any person stipulating
guilty or no contest under the preceding subsection must make the
deposit required under § 345.26, Wis. Stats., or, if the
deposit is not established under such statute, shall deposit a forfeited
penalty as provided in the schedule established by the Chief of Police
and approved by the Village Board. Deposits may be brought or mailed
within five days of the issuance of the citation in lieu of court
appearance to the office of the Waushara County Clerk of Circuit Court
as directed by the arresting officer.
(c)
Receipt required. Every officer accepting a stipulation under
the provisions of this chapter shall comply with the provisions of
§§ 343.28, 345.26(1)(a) and 345.27(2), Wis. Stats.,
and shall require the alleged violator to sign a statement of notice
in substantially the form contained on the uniform traffic citation
and complaint promulgated under § 345.11, Wis. Stats., 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 seven days to the Waushara County Clerk of Circuit Court.[3]
(2)
Nonmoving traffic offenses.
(a)
Direct payment of penalty permitted. Persons cited (summons
not issued) for violation of nonmoving traffic regulations described
and defined in this chapter may discharge the penalty thereof and
avoid court prosecution by mailing or forwarding within five days
of the issuance of the citation to the Police Department the minimum
penalty specified for the violation. If not so forwarded, the penalty
may be discharged by forwarding within 15 days of the date of the
citation to the above-named office the amount of $15. When payment
is made as provided in this subsection, no court costs shall be charged.[4]
(b)
Court prosecution. If the alleged violator does not deliver or mail a deposit as provided in Subsection C(2)(a) within 15 days of the date of the citation, the Chief of Police shall forward a copy of the citation to the Village Attorney.
(c)
Registration suspension. If the alleged violator does not pay
the forfeiture or appear in court in response to the citation for
a nonmoving traffic violation on the date specified in the citation,
or, if no date is specified on the citation, within 28 days after
the citation is issued, the Village may ask the Wisconsin Department
of Transportation to suspend the registration of the vehicle involved
or refuse registration of any vehicle owned by the person pursuant
to the provisions of § 345.28(4), Wis. Stats., which is
hereby adopted by reference.[5]
(d)
Deposits returned to Clerk/Treasurer. Officers receiving deposits
for nonmoving traffic violations under this subsection shall pay over
such deposits to the Clerk/Treasurer within seven days of receipt.
Such payment shall be accompanied by an itemized statement for each
deposit of the offense charged and the name of the depositor.
(e)
Bond. Any officer accepting deposits or forfeited penalties
under this chapter shall deliver them the Waushara County Clerk of
Circuit Court within 20 days after receipt. Any officer authorized
to accept deposits under § 345.26, Wis. Stats., or this
section shall qualify by taking the oath prescribed by § 19.01,
Wis. Stats.
