[HISTORY: Adopted by the Village Board of the Village of Denmark at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
Except as otherwise specifically provided in this chapter, the statutory provisions or rules of the Department of Transportation in Chs. 340 to 348, Wis. Stats., and Ch. Trans 305, Wis. Adm. Code, describing and defining regulations with respect to vehicles and traffic, exclusive of any provisions therein 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 statute or rules of the Department of Transportation incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the statutes or rules of the Department of Transportation 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 Wisconsin.
Authority of Public Works Director. The Public Works Director is hereby authorized and directed to procure, erect or cause to be erected and maintain appropriate standard traffic signs, signals and markings conforming to the rules 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.
Removal of unofficial signs and signals. The Public Works Director and Police Department shall have the authority granted by § 349.09, Wis. Stats., and are hereby directed to order the removal of a sign, signal, marking or device placed, maintained or displayed in violation of this section or § 346.41, Wis. Stats. Any signs which impose any immediate safety risk to pedestrians, vehicular traffic, or the public at large may be removed by the Police Department without prior approval after ascertaining, if possible, that permission has not been granted by Village officials for posting of said signs. Any charge imposed on a premises for removal of an illegal sign, signal or device shall be reported to the Village Board at its next regular meeting for review and certification.
Erection of signs. Except as otherwise specifically provided in this chapter, the statutory provisions in § 86.191(1), (2), (3) and (4), Wis. Stats., are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
No person shall post or fasten on any telegraph, telephone, traffic post, or electric pole within the Village or upon any tree within any street or public ground in the Village any bill, sign, notice, or advertising device. Permission to any person to erect and maintain poles shall not be construed to grant the right to use or rent such poles for advertising purposes.
All school bus operators operating buses within the Village shall use flashing red warning lights when pupils or other authorized passengers are to be loaded or unloaded at any location, except in authorized loading zones.
The following streets are designated arteries for through traffic:
All of former U.S. Highway 141 as it passes through the Village and consisting of the following main streets:
County Trunk Highway KB from its intersection with County Trunk T and Wisconsin Avenue and Main Street to the westerly Village limits.
North Wall Street from the intersection of Main Street and Wisconsin Avenue with North Wall Street, north to the north Village limits.
Jorgensen Street from its intersection with Green Bay Road, north through the intersection of Maple Street.
Kellner Street and South Wall Street from the intersection with Wisconsin Avenue south to the southerly Village limits.
Woodrow Street from the intersection of Green Bay Road to its northerly termination.
Parking, standing and stopping. The authority to regulate the parking, standing and stopping of vehicles in delegated to the Police Department, pursuant to § 349.13, Wis. Stats., subject to control of the Village Board.
Nighttime parking prohibited.
Parking vehicles for sale prohibited. No person shall park any vehicle displayed for sale upon any street in the Village.
Street storage prohibited. No person shall park any vehicle on any street, roadway, highway, or alley within the Village at any time for more than 48 continuous hours without movement. "Movement" is defined as leaving the parking area completely.
Parking for repairs. No repair to motor vehicles of any nature or of trailers capable of being attached to motor vehicles shall be conducted on the streets of the Village except for emergency repairs.
Truck parking in residential/commercial areas.
No person shall stop, leave standing or store a semitrailer or semi-tractor in a residential area.
No person shall stop, leave standing or store a semitrailer or semi-tractor in a commercial or business area except when engaged in unloading/loading or rendering a service to a commercial venture within the immediate area.
The following trucks are expressly prohibited from parking at any time for more than 48 continuous hours without movement in residential areas:
Vehicles requiring a license which exceed 10,000 pounds.
Vehicles equipped or used for auto salvage, commonly referred to as a "wrecker."
A trailer requiring a license to be operated on the highways, streets or roadways in the state.
A vehicle requiring an apportioned license.
Fishing boats, trailers, recreational vehicles or truck trailers longer than 48 feet.
Penalty for violation. Violations of this section shall result in parking ticket of $20.
Parking in parkways. No vehicle shall be parked in any unpaved parkways (the area between the Village right-of-way and the traveled portion of the road).
Semitrailers. The parking of any semitrailers, camping trailers, or trailers that are not attached to a truck tractor, road tractor, farm tractor, or motor truck is prohibited on all streets, roadways and highways in the Village. Motor homes and recreation vehicles may not be parked on any street in the Village for more than 48 continuous hours without movement.
Prohibited. Except as provided herein, no person shall park a trailer on any street, alley, highway or road, or any other public place, or on any privately owned tract of land within the Village.
Trailer defined. Any coach, cabin, mobile home, recreational vehicle or other vehicle or structure intended for or capable of human dwelling or sleeping purposes, mounted upon wheels or supports or capable of being moved.
Vehicles exempt. This section shall not apply to vehicles owned by the federal or state government or political subdivisions thereof, when actually engaged in governmental functions.
Parking in bike lanes.
No person or driver shall stand or park any motor vehicle in a marked bike or shared bike lane in the Village of Denmark.
Nothing in this subsection shall prevent standing or parking a motor vehicle in a marked or shared bike lane in the following circumstances:
Any person violating the provisions of this subsection shall be subject to a fine of $20 for each offense.
Standing, stopping or parking prohibited in parking spaces reserved for vehicles used by persons with physical disabilities.
[Added 8-5-2019 by Ord. No. 2019-01]
Except for a motor vehicle used by a physically disabled person as defined under § 346.503(1) and except as provided by Wis. Stats. § 346.505(4)(a), no person shall park, stop, or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility in the Village reserved, by official traffic signs indicating the restriction, for vehicles displaying special registration plates issued under Wis. Stats. § 341.14(1), (1a), (le), (1m) or 1(q) or a special identification card issued under Wis. Stats. § 343.51 or vehicles registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.
No person shall park, stop, or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility in the Village so as to obstruct, block or otherwise limit the use of any portion of a street, highway or parking facility in the Village reserved, by official traffic signs indicating the restriction, for vehicles displaying special registration plates issued under Wis. Stats. § 341.14(1), (1a), (1e), (1m) or 1(q) or a special identification card issued under Wis. Stats. § 343.51 or vehicles registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.
Notwithstanding Subsection M(2) of this section, no person shall park, stop, or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility in the Village that is clearly marked as and intended to be an access aisle to provide entry to and exit from vehicles by persons with physical disabilities and which is immediately adjacent to any portion of a street, highway or parking facility in the Village reserved, by official traffic signs indicating the restriction, for vehicles displaying special registration plates issued under Wis. Stats. § 341.14(1), (1a), (1e), (1m) or 1(q) or a special identification card issued under Wis. Stats. § 343.51 or vehicles registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.
Abandoned motor vehicle parking prohibited. No person or entity shall park or leave unattended any motor vehicle, trailer, semitrailer, boat, mobile home, or other similar type of property on any public street or highway or public or private property for such time and under such circumstances as to cause the vehicle or property to reasonably appear to have been abandoned. When any such vehicle or property has been parked or left unattended as aforesaid without permission of the Village or property owner for more than 24 hours, the vehicle or property is deemed abandoned and constitutes a public nuisance.
[Amended 8-5-2019 by Ord. No. 2019-02]
No person shall permit a motor vehicle in his custody to stand or remain unattended on any street or alley or in any other public place, except an attended parking area, unless the starting lever, throttle, steering apparatus, gear shift or ignition of said vehicle is locked and the key removed.
Heavy truck routes are designated as follows:
Definition. As used in this section, "bicycle" means every device propelled by human power upon which any person may ride, having two tandem wheels over 14 inches in diameter with tires inflated.
Required. No person shall operate any bicycle upon any of the streets of the Village unless the bicycle is properly registered and has its registration displayed on it. Registration tags shall be provided by the Village.
Applications. Duplicate applications for registration shall be made by the owner on forms provided by the Village Board or by representatives designated by the Village, and said applications shall contain the name of the bicycle owner, address of the owner, parent name (if applicant is under 16 years of age), and a description of the bicycle including the serial number. The application shall contain such other information as the Village Board shall deem pertinent.
Fees; records. Upon such application and payment of the registration fee, the Village shall issue to the applicant a registration tag for the bicycle which shall be valid for the life of the bicycle or until a change of ownership and shall permit such bicycle to be operated upon streets and highways of the Village as herein provided. The Village shall keep a record of the date of issuance of such registration tag, to whom issued and the number thereof.
Tags. No bicycle shall be considered registered until a registration tag shall be affixed to the frame of such bicycle, which shall remain so affixed until reregistration, or until removed by the court of local jurisdiction for just cause.
Regulation of bicycle operations.
Lights. Every bicycle operated between sunset and sunrise shall be equipped with a lamp firmly attached to the front of the bicycle, exhibiting a white light to the front visible at a distance of 500 feet, and with a red reflector of at least two inches in diameter on the rear visible from at least 500 feet. A lamp emitting a red light may also be used.
Brakes. Every bicycle shall be equipped with adequate brakes as required by law.
Hitching rides. No person riding upon a bicycle shall cling or attach himself or his bicycle to any moving vehicle.
Carrying passenger. No bicycle shall be used to carry more persons at one time than the number for which it is designed or equipped with approved carriers.
Inspection. Checks of bicycles may be made by duly authorized Village or county officers for the purpose of handling, control, safe operation and mechanical condition.
Endangering safety. No operator of a bicycle shall ride a bicycle in a reckless or hazardous manner or in any manner which could be deemed to cause unnecessary risk of injury to the rider or pedestrians.
Riding on right side. The operator of a bicycle shall ride as near as practicable to the right-hand curb or edge of the roadway except when passing another vehicle or in making a left-hand turn. When riding in groups operators shall ride in single file unless it is unavoidable; on a one-way roadway the rider may ride as near as practicable to either the right- or left-hand curb or edge of the roadway.
Parking. No bicycle shall be parked upon any sidewalk area or any roadway in such a manner as to interfere with free passage of the public.
Traffic signs. An operator of a bicycle shall stop for official stop signs and automatic traffic signals.
On sidewalks. The use of any sidewalk within the Village limits for the riding or propelling of any bicycle is prohibited, except that bicycles may be propelled upon the sidewalks on unpaved streets. Any person operating a bicycle upon a sidewalk shall yield the right-of-way to any pedestrian and shall exercise due care and give an audible signal when passing a bicycle rider or pedestrian proceeding in the same direction.
Unsafe bicycles. Bicycles which are not mechanically safe shall not be operated on the streets or highways of the Village.
Parents' responsibility. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any child or ward to violate any of the provisions of this section.
Carrying articles. No operator of a bicycle shall carry any package, bundle or article which prevents keeping at least one hand upon the handlebars.
State rules. The operator of a bicycle shall obey provisions of the Wisconsin Statutes relating thereto.
Headphones or earphones. No bicycle operator may wear headphones or earphones covering both ears while operating a bicycle.
Conduct prohibited. No person shall, within the Village, by or through the use of any motor vehicle, including but not limited to an automobile, truck, motorcycle, minibike, go-cart, snowmobile, or other means of conveyance operated by motor, cause or provoke disorderly conduct with a motor vehicle.
Definition. "Disorderly conduct with a motor vehicle" means, while operating or in control of a motor vehicle, to engage in conduct or activities which are violent, unreasonably loud, dangerous to persons or property, or otherwise against the public peace, welfare, and safety, including but not limited to unnecessary, deliberate, or intentional spinning of the wheels, squealing of the tires, revving or racing of the engine, blowing of the horn, causing the engine to backfire, or causing the vehicle, while commencing to move or while in motion, to raise one or more wheels off the ground.
This section also applies to the intentional pushing, unlawful towing or any other intentional contact of a motor vehicle by another motor vehicle on any highway within the Village.
Specifically excluded from this definition are legitimate, scheduled racing events. Police officials, highway maintenance units or authorized wrecker services in the performance of their respective duties are exempt from this section.
No person shall use motor vehicle brakes within the Village 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. It shall be an affirmative defense to the prosecution under this section that such compression brakes were applied in an emergency situation and were necessary for the protection of persons and/or property.
No person shall engage in any speed contest, exhibition of speed or any unreasonable or unnecessary acceleration or show of power on any street, alley or public parking lot in the Village, including all school parking lots within the Village.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- ADMINISTRATIVE RULE
- The specific requirements that may be created to regulate the storage of unlicensed motor vehicles:
- The type of construction required to hide and harbor vehicles from public view.
- JUNKED VEHICLE
- Any abandoned, disassembled, dismantled, inoperable, or wrecked instrument by which someone travels or something is conveyed, either by wheels, runners, or tracks.
- Any license that is required to be carried by any motor-driven vehicle when driven, used or propelled upon the public highway.
- Considered to be the person or persons who occupy the premises and who may or may not be the responsible person or persons to harbor such unlicensed motor vehicle.
- SALVAGE DEALERS
- Dealers regulated by § 175.25, Wis. Stats.
- The placement of a vehicle upon real property described in Village assessment and tax roll.
- UNLICENSED MOTOR VEHICLE
- A vehicle required to be licensed by the State Department of Transportation when driven or propelled upon a public road but which is not so licensed.
- ZONED or ZONING
- Any land use control ordinance, county or Village, that may be in force.
Abandoned motor vehicles.
No person or entity shall leave unattended any motor vehicle, trailer, semitrailer, boat, mobile home, or other similar type of property on any public street or highway or public or private property for such time and under such circumstances as to cause the vehicle or property to reasonably appear to have been abandoned. When any such vehicle or property has been left unattended as aforesaid without permission of the Village or property owner for more than 24 hours, the vehicle or property is deemed abandoned and constitutes a public nuisance.
Any police officer having jurisdiction who discovers any vehicle or property on any public or private property which has been abandoned shall cause the vehicle or property to be removed to a suitable place of impoundment.
Junked vehicles. No junked vehicle, or parts thereof, may be stored outside any building on any property located in the Village. No person shall leave any junked vehicle on any street, highway or other public property within the Village. No person in charge or control of any private property within the Village, whether as owner, tenant, occupant or otherwise, shall allow junked vehicles to remain on such property for more than one day. The Board is authorized to issue permits to store junked vehicles upon a parcel of such property when certain requirements have been met. These requirements shall be established by administrative rule or zoning ordinance adopted by the Board. Such administrative rules shall govern the enclosure of junked vehicles for the purposes of storing junked vehicles from the general view of the passing public.
Removal and impoundment. After notice to the owner, any vehicle in violation of this section may be impounded until lawfully claimed or disposed of under Subsection D(2) below, except that if the Board or its designee determines that the costs of towing and storage charges of impoundment would exceed the value of the vehicle, the vehicle may be junked by the Village prior to expiration of the impoundment period upon determination by the Board or its designee that the vehicle is not wanted for evidence or any other reason.
Vehicles or parts thereof exceeding $100 in value.
If the Board or its designee determines that the value of any abandoned vehicle exceeds $100, the owner and lienholders of record shall be notified by certified mail that the vehicle has been deemed abandoned and impounded by the Village and may be reclaimed within 15 days upon payment of accrued towing, storage and notice charges and, if not reclaimed, shall be sold.
If an abandoned vehicle exceeding $100 in value is not reclaimed within the period and under the conditions provided in Subsection D(2)(a) above, it may be sold by sealed bid or at auction. If no satisfactory bid is received, the vehicle may be sold at private sale.
After deducting the expenses of impoundment and sale, the balance of the proceeds, if any, shall be paid to the Village treasury.
Vehicles or parts thereof less than $100 in value. Any abandoned vehicle which is determined by the Board or its authorized representative to have the value of less than $100 may be disposed of by direct sale to a licensed salvage dealer upon determination that the vehicle is not reported stolen.
Owner responsible for impoundment and sale costs. The owner of any abandoned vehicle, except a stolen vehicle, is responsible for the abandonment and all costs of impounding and disposing of the vehicle, provided that no costs shall be imposed without notice thereof to the owner and an opportunity for the owner to be heard. Costs not recovered by the sale of the vehicle may be recovered in a civil action by the Village against the owner.
Notice of sale or disposal. Within five days after the sale or disposal of a vehicle as provided in Subsection D(2), the Board or its designee shall advise the State Department of Transportation, Division of Motor Vehicles, of the sale or disposal on a form supplied by the Division. A copy of the form shall be given to the purchaser of the vehicle and a copy shall be retained on file in the Village.
Public nuisance. Nothing in this section shall be construed as prohibiting the abatement of a public nuisance by the Village or its officials in accordance with the laws of Wisconsin.
The penalty for violation of any provision of this chapter shall be a forfeiture and penalty assessment if required by § 757.05, Wis. Stats., a jail assessment if required by § 302.46(1), Wis. Stats., plus any applicable fees prescribed in Ch. 814, Wis. Stats.
State forfeiture statutes. Any forfeiture for violation of § 289-1 shall conform to the forfeiture permitted to be imposed for violation of the statutes adopted by reference, including any variations or increases for subsequent offenses.
Local regulations. Except as otherwise provided in this chapter, the penalty for a violation of this chapter shall be as provided in § 1-4 of the Code of the Village of Denmark.
Sanctions for violations of local parking ordinances. Sanctions for violations of local parking ordinances as established in § 289-5 of this chapter shall be as follows:
A citation shall be issued to the owner of the vehicle pursuant to the Denmark Municipal Bond Schedule. If the citation is not paid within 21 days from issuance, the Village will notify the Wisconsin Department of Transportation that the citation remains unpaid and request that the Department suspend and refuse the registration of the vehicle in accordance with § 345.28(4), Wis. Stats.
Any person issued a citation may make a deposit of money as set forth in the citation at the Village offices or with the Municipal Court Clerk or by mailing said deposit to either place.
Enforcement procedure. This chapter shall be enforced according to §§ 23.33, 66.0114, 345.11 to 345.61 and 350.17 and Ch. 799, Wis. Stats.
Any person arrested for a violation of this chapter may make a deposit of money as directed by the arresting officer at the Clerk of Court's office or by mailing the deposit to such place. The arresting officer or the person receiving the deposit shall notify the arrested person, orally or in writing, that:
If the person makes a deposit for a violation of a traffic regulation, 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 penalty assessment if required by § 757.05, Wis. Stats., a jail assessment if required by § 302.46(1), Wis. Stats., plus any applicable fees prescribed in Ch. 814, Wis. Stats., not to exceed the amount of the deposit that the court may accept as provided in § 345.37, Wis. Stats.
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.
The amount of the deposit shall be determined in accordance with the Wisconsin Revised Uniform State Traffic Deposit Schedule established by the Wisconsin Judicial Conference and shall include the penalty assessment established under § 757.05, Wis. Stats., a jail assessment if required by § 302.46(1), Wis. Stats., and court costs. If a deposit schedule has not been established, the arresting officer shall require the alleged offender to deposit the forfeiture established by the Village Board, which shall include the penalty assessment. Deposits for nonmoving violations shall not include the penalty assessment.
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.
Petition to reopen judgment. Whenever a person has been convicted in Wisconsin on the basis of a forfeiture of deposit or plea of guilty or no contest and he was not informed under § 345.27(1) and (2), Wis. Stats., he may, within 60 days after being notified of the revocation or suspension of his operating privilege, petition the court to reopen the judgment and grant him an opportunity to defend on merits. If the court finds the petitioner was not informed as required under § 345.27(1) and (2), Wis. Stats., it shall order the judgment reopened. The court order reopening the judgment automatically reinstates the revoked or suspended operating privilege.