[HISTORY: Adopted by the Village Board of the Village of
Blue Mounds as Ch. 9 of the 2001 Village Code. Amendments noted where
applicable.]
A.
State traffic forfeiture laws adopted. Except as otherwise specifically provided in this chapter, all provisions of Chapters 110, 167, 194, 287 and 340 to 350 of the Wisconsin Statutes and Ch. Trans 305, Wisconsin Administrative Code describing and defining regulations with respect to vehicles and traffic for which the penalty is a forfeiture only, including penalties to be imposed and procedure for prosecution, 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.
[Amended 5-14-2008 by Ord. No. A-189]
B.
Other 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 Chapters 340 to 350 of the Wisconsin Statutes and the penalty for violation thereof shall be limited to a forfeiture as provided in § 350-4 of this chapter.
§ 941.01(1)
|
(Negligent operation of vehicle off highway)
| |
§ 346.935
|
(Intoxicants in motor vehicles)
|
C.
Speed limits. Speed limits within the Village shall be determined
in accordance with Wis. Stats. §§ 346.57 through 346.59
and 349.11, which are incorporated by reference as if set forth fully
herein and as may be amended.
[Amended 7-9-1997 by Ord. No. A-147]
(1)
As provided in Wis. Stats. § 346.57(4)(e), the fixed speed
limit on any highway within the corporate limits of the Village shall
be 25 miles per hour other than on county and state highways in the
Village.
(2)
As authorized by Wis. Stats. § 349.11(1)(a), and following
consideration of a traffic investigation and study completed by the
Police Department in June 1997, the fixed speed limit on Mounds Road
shall be 25 miles per hour.
D.
All-terrain vehicles.
[Amended 7-9-1997 by Ord. No. A-148]
(1)
As authorized by Wis. Stats. § 23.33(11), Wis. Stats. § 23.33,
All-terrain vehicles, is hereby adopted by reference as if set forth
fully herein and as may be amended. This section of the Village Code
shall be enforced in strict conformity with Wis. Stats. § 23.33
and departmental rules promulgated by the Department of Natural Resources,
which are hereby adopted by reference as if set forth fully herein
and as may be amended.
(2)
Enforcement for violations of this section shall proceed in municipal
court in accordance with Wis. Stats. § 23.50(3), which is
hereby adopted by reference as if set forth fully herein and as may
be amended.
(3)
To the extent permitted by law, penalties for violations of this
section shall be as set forth in Wis. Stats. § 23.33(13),
which is hereby adopted by reference as if set forth fully herein
and as may be amended.
A.
Not to be driven or parked on private property without permission.
Except where specific permission may be granted by the police department,
no licensed or unlicensed moped, power-driven cycle, motor-bicycle
or motorcycle shall be driven at any time or used, other than for
the purpose of parking, on any property other than streets, designated
roadways or alleys within the Village, without the express written
permission of the property owner.
In the interest of public safety and pursuant to Wis. Stats.
§ 349.07, the following streets or portions thereof are
declared to be through highways, and traffic signs or signals giving
notice thereof shall be erected by the Village in accordance with
this section of the Village Code:
A.
Main Street from the north line of Highway 18 and 151 north for a
distance of two blocks.
B.
All of Division Street westerly to Main Street.
C.
All vehicles proceeding in a westerly and easterly direction on Division
Street and all streets north of Division Street intersecting Main
Street shall stop behind the crosswalk at the intersection of that
street with Main Street, which is hereby declared to be a through
street at such intersections.
A.
The Village Board, by Director of Public Works, authorized to procure
and erect signs and signals. The Village Board, by its Director of
Public Works, is hereby authorized and directed to procure, erect
and maintain appropriate standard traffic signs, signals and markings
conforming to the rules of the Highway Division of the Wisconsin Department
of Transportation giving such notice of the provisions of this chapter
as required by state law. Signs shall be erected in such locations
and manner as the Village Board shall determine will best effect the
purposes of this chapter and give adequate warning to users of the
street or highway.
B.
Removal of unofficial signs and signals. The Village Board shall
have the authority granted by Wis. Stats. § 349.09, and
is hereby directed to order the removal of a sign, signal, marking
or device placed, maintained or displayed in violation of this chapter
or Wis. Stats. § 346.41. Any charge imposed on a premises
for removal of such an illegal sign, signal or device shall be reported
to the Village Board at its next regular meeting for review and certification.
No truck or combination of truck and trailer or vehicle weighing
over 10 tons shall travel on any of the Village streets during the
period from February 15 through April 15 of any year.
B.
Intersections. No motor vehicle shall park within 40 feet of any
intersection where the parking of the same will obstruct a view not
otherwise obstructed.
C.
Serviced vehicles.
(1)
Not more than eight motor vehicles may be parked on a Village street
or right-of-way at any time for more than 48 hour(s) by a commercial
establishment or its customers when the same are to be or have been
serviced in any manner by such an establishment.
(2)
No motor vehicle or vehicles or parts thereof held for sale and/or
repair may remain on any premises within the Village for more than
one day when the property is not zoned for such commercial purposes.
D.
Temporary parking. The Officer in Charge or delegated agent, with
the approval of the Village Board, is empowered to make temporary
parking regulations to provide for abnormal conditions or to test
the feasibility of such regulations. No such temporary parking regulation
shall remain in effect for more than 90 days. A list of such regulations
shall be placed on file in the police station and shall be open for
public inspection. The Officer in Charge or delegated agent shall
properly mark the affected area.
[Amended 3-14-2007 by Ord. No. A-187.1]
E.
Snow removal season.
(1)
No person shall park any vehicle on the streets of the Village during
the months commencing November 15 through April 15, except as follows:
[Amended 7-12-2023 by Ord. No. A-247]
(a)
On even-numbered days of the month between the hours of 12:00
midnight and 8:00 a.m. vehicles may be properly parked during such
time and hours on the even-house-numbered sides of the street;
(b)
On odd-numbered days of the month between the hours of 12:00
midnight and 8:00 a.m. vehicles may be properly parked during such
time and hours on the odd-house-numbered sides of the street.
(2)
Except as set forth in Subsection E(1) above, no person shall park or leave standing any vehicle on any street in the residence district in the Village after a snowfall of at least 1 1/2 inches in depth, until after the snow from such street has been removed, or plowed to the curbline or place suitable to the Village Board. In case any vehicles are parked or left standing on the street or public parking lot area in violation of this section, they may be removed by or under the direction of the police or street department after one of such departments or representative has attempted to notify the owner to remove such vehicle and it has not been removed. In case such car is removed by, or at the direction of the Village, the expense of such removal shall be charged against the owner of the vehicle. The removal of the car by or under the direction of the Village shall not prevent prosecution under this section.
F.
Parking during and after snowstorms.
(1)
Signed areas. No person shall park, stop, or leave standing any vehicle
on any street or public parking lot in any area which has been designated
and marked with signs or barriers by the police department or street
department of the Village indicating no parking due to snow removal.
The Village Board declares that an emergency exists during and following
a snowstorm, until the snow from the storm has been removed from the
streets or public parking lot areas; therefore, the regulations of
this section shall be controlling over any other ordinance which might
be in any way conflicting.
(2)
Declaration
of snow emergency and parking regulations.
[Added 12-9-2015 by Ord.
No. A-231]
(a)
Whenever snow falls during any 24-hour period to a depth of four
inches or more or a situation exists resulting in freezing rain resulting
in ice accumulations throughout the Village of 1/8 inch or more, then
such storm constitutes a serious public hazard impairing public transportation,
public safety, and safe operations within the Village of Blue Mounds,
and a snow emergency declaration can be issued at any time by either
the Police Chief, Superintendent of Streets or a designated representative.
A snow emergency will be considered to exist under this subsection
when a snowfall as described above is forecasted by the National Weather
Service, whether or not the Superintendent of Streets or Chief of
Police has declared a snow emergency.
(b)
A snow emergency will remain in effect until such time as snowplowing
or salting operations have been declared completed by the Superintendent
of Streets or his/her designated representative.
(c)
Whenever such emergency is declared, the Police Department or their
designee shall issue an announcement to not less than two radio or
television broadcast stations whose normal operating area includes
the Village of Blue Mounds.
(3)
Parking
Restrictions.
[Added 12-9-2015 by Ord.
No. A-231]
(a)
If signs have been erected at or reasonably near the Village limits,
as provided in § 349.13, Wis. Stats., no owner or operator of
any motor vehicle shall park upon any public street or alley during
a snow emergency during the hours of 12:00 midnight to 6:00 a.m. or
until the snow removal operations have completely cleared the streets
or alleys.
(b)
It is the declared intent of the Superintendent of Streets to clear the snow from the public parking lots following the completion of snow removal operations on the adjacent streets or alleys. The Superintendent of Streets is authorized, pursuant to Subsection F(3) above, to order the temporary posting of 1/2 of each parking lot for the clearing off snow from that half of the parking lot, to be followed by the posting and clearing of the remaining half of the parking lot.
(c)
No person shall park, stop or leave standing any vehicle upon the
streets or any portion of the streets during a snow emergency from
November 15 through April 15.
[Amended 7-12-2023 by Ord. No. A-247]
(d)
Any vehicle which is illegally parked on any street or alley may
be moved by or under the direction of the police, and the cost of
moving and storage of such vehicle shall be added as a cost to the
citation issued for the illegal parking of such vehicles.
G.
No-parking areas.
[Amended 5-12-1993 by Ord. No. A-101]
(1)
No person shall park any vehicle at any time on the north side of
Cave of the Mounds Road, which runs from the Military Ridge Bike Trail
Bridge crossing to the eastern Village limits.
(2)
No person shall park any vehicle at any time on either side of Mounds
Road, from Ridge Street to the Military Ridge Bike Trail.
[Amended 8-17-1994 by Ord. No. A-112]
(3)
No person shall park any vehicle, other than a compact vehicle, at
any time on the east side of Main Street in the first two parking
stalls north of Division Street.
[Amended 1-14-2003 by Ord. No. A-171]
(4)
No person shall park any vehicle at any time on either side of Main
Street, from Brigham Avenue to Bliss Street.
[Added 4-16-2009 by Ord. No. A-200]
H.
Restricted parking of certain vehicles. No person shall park a motorized
vehicle having a licensed gross weight of 9,000 pounds or more, or
over 18 feet in length, or a semitractor, tractor, semitrailer, school
bus, or mobile home on any street in the Village, except for loading
and unloading more than 30 minutes. Boats, boat trailers, animal trailers,
snowmobiles, snowmobile trailers and other unmotorized trailers, or
off-road motor vehicles, shall not be parked upon any street, avenue,
or public right-of-way between the hours of 12:00 midnight until 5:00
a.m.
[Added 6-12-2018 by Ord.
No. A-237]
I.
Removal of illegally parked vehicles.
[Added 6-12-2018 by Ord.
No. A-237]
(1)
Hazard to public safety. Any vehicle parked, stopped or standing
upon a highway or public parking lot or ramp in violation of any of
the provisions of this chapter is declared to be a hazard to traffic
and public safety.
(2)
Removal by operator. Such vehicle shall be removed by the operator
in charge, upon request of any law enforcement officer, to a position
where parking is permitted or to a private or public parking or storage
premises.
(3)
Removal by police officer. Any law enforcement officer, after issuing
a notice of parking violation 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 after
24 hours or towed if necessary.
(4)
Removal by private service. Any law enforcement 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.
(5)
Towing and storage charges. In addition to other penalties provided
in this chapter, the owner or operator of a vehicle so removed shall
pay the actual 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 garage 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.
J.
Unregistered motor vehicles. Pursuant to the authority granted under
§ 341.65(2)(a), Wis. Stats., no person, firm or corporation
shall park or leave standing any motor vehicle on any public highway
that is not displaying valid registration plates, a temporary operation
plate or other evidence of valid 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.
[Added 6-12-2018 by Ord.
No. A-237]
K.
Parking restrictions during special events and temporary street maintenance.
[Added 6-12-2018 by Ord.
No. A-237]
(1)
Street maintenance. Whenever it is necessary to clear or repair a
Village roadway or any part thereof, the Public Works Department and/or
Police Department shall post such highways or parts thereof with signs
bearing the words "No Parking." Such signs shall be erected at least
two hours prior to the time that street maintenance work is to be
commenced. No person shall park a motor vehicle in violation of such
signs.
(2)
Temporary parking restrictions for special events. Pursuant to the
provisions of § 349.13, Wis. Stats., the Chief of Police
is authorized to direct that temporary limited parking signs be erected
during parades, festivals and other authorized events that require
the regulating of vehicle stopping, standing or parking on Village
roadways. The temporary regulation shall be limited to the time the
event exists or is likely to exist.
L.
Four-hour parking limit. Four-hour parking is designated for parking
along the following streets 24 hours per day, seven days a week:
[Added 6-12-2018 by Ord.
No. A-237]
Emerson Drive
|
Village Circle
|
M.
Exceptions. The foregoing regulations notwithstanding, permission
may be granted for occasional out-of-town guests at private homes
to park their vehicles on such streets by calling the Police Department
and identifying their vehicle, the location where it will be parked
and the date when it will be parked. Such permission shall not be
granted for more than four consecutive days.
[Added 6-12-2018 by Ord.
No. A-237]
The penalty for violation of any provision of this chapter shall
be a forfeiture as hereinafter provided together with the cost of
prosecution imposed as provided in Wis. Stats. §§ 345.20
to 345.53.
A.
Uniform offenses. Except as provided in Subsection D, forfeitures for violation of any provisions of Chapters 341 to 350 of the Wisconsin Statutes adopted by reference in § 350-1A shall conform to forfeitures for violation of the comparable state offense, including any variations or increases for second or subsequent offenses.
C.
Miscellaneous. The forfeiture for violation of any provision of § 350-1B of this chapter shall be not less than $50 nor more than $500.
D.
Parking. The forfeiture for offenses described in Wis. Stats. §§ 346.50 to 346.55, adopted by reference in § 350-1 of this chapter shall be:
Wis. Stats.
|
Type of Offense
|
Forfeiture
| |
---|---|---|---|
§ 346.51(1)
|
Improper parking on/off roadway
|
$5 to $200
| |
§ 346.52(1)
|
Stopping/standing in prohibited areas
|
$5 to $40
2nd conviction within one year: $10 to $100
| |
§ 346.52(2)
|
Stopping/standing on highway by grade school
|
$5 to $40
2nd conviction within one year: $10 to $100
| |
§ 346.53
|
Parking/standing where prohibited
|
$5 to $40
2nd conviction within one year: $10 to $100
| |
§ 346.54
|
Improper parking/standing of vehicle
|
$5 to $40
2nd conviction within one year: $10 to $100
| |
§ 346.55(1)
|
Parking on left side of highway
|
$10 to $200
| |
§ 346.55(3), (4)
|
Parking on posted private property
|
$10 to $40
2nd conviction within one year: $20 to $100
|
This chapter shall be enforced in accordance with the provisions
of Wis. Stats. §§ 66.0114, 345.20 to 345.53, Ch. 299.
A.
Uniform citation. The uniform traffic citation promulgated under
Wis. Stats. § 345.11, shall be used for all moving traffic
violations under this chapter.
B.
Parking citations. Citations for all nonmoving traffic violations
under this chapter shall conform to Wis. Stats. § 345.28,
and shall permit direct mail payment of the applicable minimum forfeiture
to the Village Clerk/Treasurer within five days of the issuance of
the citation in lieu of court appearance. The issuing officer shall
specify thereon the amount of the applicable forfeiture as provided
in this chapter.
C.
Notice of demerit points and receipt. Every officer accepting a forfeited
penalty or money deposit under this chapter shall receipt therefor
in triplicate as provided in Wis. Stats. § 345.26(3)(b).
Every officer accepting a stipulation under the provisions of this
chapter shall comply with the provisions of Wis. Stats. §§ 343.28,
345.26 and 345.27(2), and shall require the alleged violator to sign
a statement of notice in substantially the form contained in the uniform
traffic citation and complaint promulgated under Wis. Stats. § 345.26(3)(b).
D.
Forfeitures in treasury; officer to qualify. Any officer accepting
deposits or forfeited penalties under this chapter shall deliver them
to the Village Clerk/Treasurer within 20 days after receipt. Any officer
authorized to accept deposits under Wis. Stats. § 345.26,
or this chapter shall qualify by taking the oath prescribed by Wis.
Stats. § 19.01.
References to specific statutory sections wherever used in this
chapter shall mean the Wisconsin Statutes, as from time to time amended
by the Wisconsin State Legislature.
[Added 7-8-2009 by Ord. No. A-204]
A.
Definitions and requirements.
(1)
NEIGHBORHOOD ELECTRIC VEHICLES (NEV)
Terms defined. As used in this section, the following terms shall
have the meanings indicated:
A self-propelled 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. NEV does not include a golf cart. Per Wis. Stats.
§ 340.01(27h).
(2)
NEVs shall be four-wheeled and have a speed range of at least 20
miles per hour and not more than 35 miles per hour on a paved surface
and have a gross vehicle weight at rest of less than 2,500 pounds.
B.
Permitted users and use of neighborhood electric vehicles on Village
streets.
(1)
A person may operate a NEV on any Village street that has a speed
limit of 35 miles per hour or less, subject to the following restrictions:
(a)
The person operating the NEV must hold a valid Wisconsin Driver's
license or a valid operator's license from another state.
(b)
The NEV shall be licensed by the Wisconsin Department of Transportation.
(c)
Maintain insurance as required by state law.
(d)
NEVs are not permitted on Village sidewalks or in Village parks.
[Added 8-14-2019 by Ord.
No. A-240]
A.
Adoption of statutory provisions: The provisions of Wis. Stats. § 23.33,
and subsequent amendments thereto, are hereby incorporated herein
by reference as part of this chapter, except for those provisions
therein which conflict with this section.
B.
Saving clause: This section shall in no way be deemed to supplant
or otherwise invalidate any provision of the state statutes relating
to the subject matter hereof. Any person entrusted with the enforcement
of this section may, in the exercise of his or her discretion, proceed
under applicable state statutes.
C.
Severability. Should any provision of this section, or its application
to any person or circumstance, be held invalid, the remainder of the
section and the application of such provisions to other person's circumstances
shall not be affected thereby.
D.
ALL-TERRAIN VEHICLE (ATV)
ATV/UTV ROUTE
UTILITY TERRAIN VEHICLE (UTV)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Has the meaning specified in Wis. Stats. § 340.01(2g).
Village streets designated for use by ATV and UTV operators
that are marked by signage.
Has the meaning specified within Wis. Stats. § 23.33(1)(ng).
E.
Designated routes. Except as otherwise specifically provided in Wis.
Stats. § 23.33, a person may operate an all-terrain vehicle
(“ATV”) or utility terrain vehicle (“UTV”)
upon a public right-of-way or in any public parking lot in the Village
of Blue Mounds, subject to the conditions and limitations hereinafter
set forth.
[Amended 4-14-2021 by Ord. No. A-242]
F.
Route signs: The Village Public Works Department shall emplace signage
of the ATV/UTV routes, provided by a local ATV/UTV club(s) at their
cost, in accordance with § NR 64.12 of the Wisconsin Administrative
Code.
G.
Restrictions on operation: In addition to the provision of Wis. Stats.
§ 23.33 and § NR 64.07 of the Wisconsin Administrative
Code, the following restrictions are placed on the use of the Village
ATV/UTV routes permitted under this section:
(1)
The operators of ATVs/UTVs on all designated ATV/UTV routes shall
observe the posted roadway speed limits and all other applicable traffic
regulations.
(2)
ATV/UTV operators shall ride in single file.
(3)
ATV/UTV headlamps and tail lamps must be turned on at all times and
ATVs/UTVs shall have functional brake lights.
(4)
UTV operators and passengers must wear seat belts at all times.
(5)
All ATV/UTV operators and passengers under the age of 18 are required
to wear a minimum DOT standard ATV or motorcycle helmet.
(6)
ATV/UTV operators shall possess a valid operator's license as defined
in Wis. Stats. § 340.01(41g), as may be amended from time
to time, including a safety certificate if required by state law.
(7)
No person may possess on his or her person, in any UTV/ATV upon a
public highway or residential street in the Village of Blue Mounds
or while sitting idle in any location on Village property, any bottle
or receptable containing alcohol beverages or nitrous oxide if the
bottle or receptable has been opened, the seal has been broken or
the contents of the bottle or receptacle have been partially removed
or released.
(8)
All Wisconsin Statutes related to the operation of an ATV/UTV while
under the influence of alcohol or a restricted controlled substance
will be strictly enforced, including absolute sobriety by ATV/UTV
operators under the age of 21.
H.
Closures, suspension, or termination of route. The Village President,
Police Chief or their designee shall have the authority to:
(1)
Suspend ATV/UTV operation on any roadway due to hazard, construction,
repairs, special events, complaints, an emergency, or other necessary
condition as determined by the Village.
(2)
Request the Village Public Safety and Administrative Committee to
review any all-terrain route enacted designated herein for the purpose
of suspending or terminating the route.
I.
Enforcement and penalties. Violations of this section shall incur
the maximum penalties set forth in Wis. Stats. § 23.33(13),
as may be amended from time to time.