[HISTORY: Adopted by the Village Board of the Village of Mishicot 4-1-2008 (Ch. 4 of the former Municipal Code); amended 7-15-2008. Subsequent amendments noted where applicable.]
A. 
The statutory provisions describing and defining regulations with respect to vehicles and traffic in Chs. 340 to 350, Wis. Stats., and Ch. Trans 305, Wis. Adm. Code, exclusive of any provisions therein relating to penalties to be imposed or the punishment of the violation of said statutes, 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 statute incorporated herein by reference is required or prohibited by this chapter. Any person who shall within the Village of Mishicot violate any provisions of any statute incorporated herein by reference shall be deemed guilty of an offense under this chapter. All sections of the Wisconsin Statutes for the revocation or suspension of motor vehicle operators' licenses, regulations imposing penalties for operating a motor vehicle upon a highway without a license or while a license is revoked, suspended, canceled or expired or regulations enacted in conformity with § 346.63(1)(a), Wis. Stats., are specifically excluded. This exclusion shall apply to powers of a municipal judge or court to suspend or revoke operators' privileges for violations of traffic ordinances.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
State laws adopted. The provisions of Ch. 125, Wis. Stats., relating to alcohol beverages with the penalties therein set forth are hereby incorporated and adopted by the Village of Mishicot.
C. 
Any person who shall within the Village of Mishicot, Wisconsin, violate Subsection A hereof by violating any of the provisions of Chs. 340 to 350, Wis. Stats., and Ch. Trans 305, Wis. Adm. Code, shall be punished by a forfeiture not exceeding the amount of the maximum fine prescribed by said statutes for the violation of such provisions, and in default of the payment of such forfeiture and the costs of prosecution shall be imprisoned in the county jail of Manitowoc County until such time as the forfeiture and costs are paid, but not longer than six months, nor longer than the time for which such person could be imprisoned pursuant to the terms of such statutes for doing or committing such act.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
State speed limits adopted. The provisions of §§ 346.57, 346.58 and 346.59, Wis. Stats., relating to the maximum and minimum speed of vehicles are hereby adopted as part of this section as if fully set forth herein, except as specified by § 336-2B of this section, pursuant to § 349.11(3)(c), Wis. Stats.
B. 
Speed limits increased. Speed limits may be increased on Village streets by resolution and posting of said resolution in three conspicuous places, said increase to take effect immediately upon posting.
Through streets maybe designated by resolution and posting of said resolution in three conspicuous places, said designation to take effect immediately upon posting.
The operator of a vehicle shall stop his vehicle or yield the right-of-way, as the case maybe, at intersections designated by the Village Board.
No person shall turn his vehicle so as to proceed in the opposite direction at intersections designated by the Village Board, nor on any of the arterial streets, nor in any business district of the Village.
A. 
Parallel parking. No person shall park any vehicle upon the streets in the Village if such vehicle is not parked parallel to the right-hand curb not more than 12 inches from the curb, except where appropriate markings on the Village streets have been placed which indicate a different angle of parking.
B. 
Not to use more than one space. No person shall use more than one parking space to park a vehicle in the Village if such parking space has been indicated by appropriate markings.
C. 
Posted limitations. The Village Board may designate certain streets or portions of streets as no parking or no stopping or standing zones or as zones for parking by physically handicapped persons and may limit the hours in which the restrictions apply. The Village shall mark, by appropriate signs, each zone so designated in accordance with the provisions of § 349.13, Wis. Stats. Except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, no person shall stop or park a vehicle in an established no stopping or standing zone when stopping or standing is prohibited. No vehicle shall be parked in a no parking zone during hours when parking is prohibited except physicians on emergency calls or as permitted by state law or elsewhere by this Code. The Chief of Police is hereby granted the authority, within the reasonable exercise of police power, to prohibit, limit the time or otherwise restrict the stopping, standing or parking of vehicles beyond the provisions of Ch. 346, Wis. Stats., and shall also have the authority to restrict the turning or movement of heavy traffic and to impose special weight limitations on any highway or portions thereof which, because of the weakness of the roadbed due to deterioration or climatic conditions or other special or temporary conditions, would likely be seriously damaged or destroyed in the absence of any restrictions on heavy traffic movement or special weight limitations. No prohibition, restriction or limitation on parking or restriction on movement or turning of heavy traffic and imposition of special weight limits is effective unless official traffic control devices have been placed or erected indicating the particular prohibition, restriction or limitation.
D. 
Seventy-two-hour limitation. No person shall park or leave standing any vehicle on any street in the Village for a period of 72 or more consecutive hours in the same location at any time. When any police officer shall find a vehicle standing upon a street in violation of the provisions of this section, he is authorized to move such a vehicle or require the operator in charge thereof to move such vehicle to a position permitted under this chapter. The police officer may cause said vehicle to be removed to a proper impoundment and storage area within the Village where storage space is available, and in such case the owner shall pay the costs of removing said vehicle and the storage fees on said vehicle before he may recover the possession thereof.
E. 
Night parking limitations. Except for physicians on emergency calls, no motor vehicle shall be left unattended or parked on any Village street on any day between the hours of 2:00 a.m. and 7:00 a.m. during the months of December 1 through March 31.
F. 
No trailer unit of any type shall be left on any roadway at any time unless it is attached properly to a towing vehicle unless authorized by the Police Department (example: boat trailer, utility trailer, horse trailer, etc.).
G. 
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 or as otherwise posted.
(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) 
More than 12 inches from the curb.
(10) 
On the wrong side of the street, facing oncoming traffic.
(11) 
On any Village-owned area where lawn has been planted without permission.
(12) 
Within four feet of a driveway entrance.
(13) 
No person shall, without the permission of the owner or lessee of any private property, leave or park any vehicle on said private property.
[Added 9-6-2022 by Ord. No. 2022-06]
A. 
Statute adopted. Section 342.40, Wis. Stats., is hereby adopted and by reference made a part of this section as though fully set forth herein, to the extent this section has application to abandoned vehicles as referred to in that statute. Any act required to be performed or prohibited by the statutory provisions incorporated herein by reference is required or prohibited by this section.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
VEHICLE
Any machine propelled by power other than human power to travel along the ground by use of wheels, treads, runners or slides, and shall include without limitation automobiles, trucks, trailers, semitrailers, motorcycles, tractors and other motor vehicles or vehicles defined in § 340.01, Wis. Stats., , as well as snowmobiles, and mobile homes as defined in this Code, whether the vehicle is duly registered as appropriate with the State of Wisconsin.
C. 
Junked vehicles. No person shall keep any dismantled or partially dismantled, junked, wrecked, unregistered, unlicensed or inoperable vehicle on any privately owned premises in the Village, or on any publicly owned premises in the Village, including any street, highway, or other roadway, for a period of time in excess of 72 hours. Any such vehicle shall constitute a public nuisance, and any owner or keeper of such a vehicle shall be subject to a forfeiture as provided in § 1-2 of this Code. In addition, the vehicle may be impounded and sold as provided herein. A junked vehicle shall not include vehicles owned by a collector as defined in § 341.266(1), Wis. Stats., stored on the collector's property as provided in § 341.266(4), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D. 
Abandoned vehicles.
(1) 
No person shall leave any vehicle unattended on any privately owned property or publicly owned property, including any street, highway, or other roadway, for such a time or under such circumstances as would cause the vehicle to reasonably appear to be abandoned. Except as otherwise provided herein, or by other governing law, a vehicle shall be deemed abandoned if it has been left unattended without permission of the owner of the property on which it is located, if private property, or on publicly owned property, including any street, highway or other roadway, only if it is left unattended at the same location in excess of 72 hours. Any such vehicle constitutes a public nuisance. Violations of this subsection shall subject the owner or keeper to a forfeiture as provided in § 1-2 of this Code. In addition, such vehicle may be impounded and sold as provided herein. Notwithstanding the foregoing to the contrary, a vehicle shall not be deemed abandoned if it is out of ordinary public view while on privately owned property.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
A vehicle shall not be deemed junked or abandoned as provided in this section if it is kept in an enclosed building, in an appropriate storage space or depository maintained in a lawful place and manner authorized by the Village, or if it is kept in connection with the ordinary course of business of an automobile sales or repair business enterprise located in a properly zoned area.
E. 
Impounding and sale. Any junked or abandoned vehicle found to be in violation of this section may be impounded and disposed of upon 10 days' written notice, as provided in § 342.40, Wis. Stats., and any other governing law. Notice shall be given by personal service or certified mail, return receipt requested. Except in cases of stolen vehicles, any cost incurred by removal and sale of such vehicle shall be recovered from the owner of the vehicle. If the owner cannot be located after reasonable effort, the cost of removal and sale shall by charged to the property from which the vehicle was removed, and such charges shall be entered as special charge on the tax roll. Any person who received notice of vehicle impoundment and objects to all or any part thereof may appeal to the Village Board within five days of receipt of the notice, and the Village Board will hear the appeal within 30 days of receipt of written notice of the appeal. After such hearing, the Village Board may reverse, affirm or modify the order or determination appealed from, and the grounds for its decision shall be stated in writing. The Village Board shall, by certified letter, notify the party appealing the order or determination of its decision within 10 days after the hearing has been concluded and file the written decision with the Village Clerk-Treasurer. The notice of impoundment shall include a notice describing the right to appeal to the Village Board as described herein. No action to impound or sell a vehicle shall be taken if appeal is made as provided in this subsection until such decision is made by the Village Board. The Village elects not to be governed by Ch. 68, Wis. Stats., as to this appeal.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
No person shall park any vehicle on any street or public way after one hour from the time such area has been designated and marked with signs or barriers indicating no parking due to snow removal. The Board hereby declares that an emergency exists during and following a snowstorm until the snow from the storm has been removed; therefore this section will be controlling over any other section which might in any way conflict.
B. 
Any vehicle parked or left standing on any street or public way in violation of this section may be removed by or under the direction of the police and the expense of removal charged to the owner of the vehicle.[1]
[1]
Editor's Note: Original Sec. 4.08, Vehicular weight limitations, of the former Municipal Code, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Police Department is hereby authorized and directed to procure, set up and maintain appropriate standard traffic signs, signals and markings conforming to the rules of the State Department of Transportation giving notice of the provisions of §§ 336-1, 336-2, 336-3, 336-5, 336-6 and 336-7 of this chapter or as hereinafter specifically passed or as required by state law. Signs shall also be erected in such locations and manner as authorized by the governing body so as to give adequate warning to users of the street, alley or highway in question.
[Amended 3-8-2018 by Ord. No. 2018-02]
A. 
Any person who shall violate any of the parking provisions in §§ 336-6, 336-7 and 336-8 of this chapter, except § 336-6E, shall be subject to a fine of $20. Any person who shall violate the parking provisions in § 336-6E of this chapter shall be subject to a fine of $40.
B. 
The provisions of § 345.28, Wis. Stats., shall apply to adjudication of a violation of any provisions of this chapter. If payment is not received or if the violator does not contest the violation within the time specified in § 345.28, Wis. Stats., an additional fee of $25 shall be imposed in addition to any fee assessed to the Village by the Department of Transportation.
A. 
Stipulation of guilt or nolo contendere. The Police Department or officer designated, upon request of any person charged with a violation of any provision of this chapter within 72 hours after issuance of a citation therefor, may accept a written stipulation of guilt or nolo contendere and the required penalty from such person. Such stipulation shall be in substantially the form designated by the Wisconsin Statutes.
B. 
Forfeited penalty. The sum to be forfeited pursuant to such stipulation shall be as provided in the schedule of penalties established by the Village of Mishicot legal counsel and Village Board.
C. 
Bail bonds. Nothing in this section shall be construed to limit the right of the proper authorities to accept bail bonds, deposits or certificates of money deposits as provided in §§ 66.0111 and 345.61, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
If a police officer finds a vehicle illegally parked, he may move such vehicle or require the operator thereof to move such vehicle. The vehicle may be moved to a position or place where the vehicle will not be illegally parked, and the cost of such moving shall be chargeable to the owner or operator, or both, of such vehicle. Section 349.13(3), Wis. Stats., is by reference made a part of this section.
The term "Wisconsin Statutes" wherever used in this chapter shall mean the current issue of the Wisconsin Statutes. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this chapter in order to secure uniform statewide regulation of traffic on the highways, streets and alleys of the state.[1]
[1]
Editor's Note: Original Secs. 4.15, Speed zones, 4.16, Neighborhood electric vehicles, and 4.17, Penalty, of the former Municipal Code, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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.