Village of Winneconne, WI Miscellaneous Provisions

Conduct prohibited. No person shall, within the Village of Winneconne, by or through the use of any motor vehicle, including, but not limited to, an automobile, truck, motorcycle, minibike or snowmobile, cause or provoke disorderly conduct with a motor vehicle, cause a disturbance or annoy one or more persons, or disturb or endanger the property or the safety of another's person or property.

Definition. "Disorderly conduct with a motor vehicle" shall mean the engaging in violent, abusive, unreasonably loud conduct, or disturbing or endangering the property or the safety of another's person or property, or otherwise disorderly conduct, including, but not limited to, unnecessary, deliberate or intentional spinning of wheels, squealing of tires, revving of engine, blowing the horn, causing the engine to backfire or causing the vehicle, while commencing to move or in motion, to raise one or more wheels off the ground.

Avoidance of traffic control device prohibited. It shall be unlawful for any person to operate a motor vehicle in such a manner as to leave the roadway and travel across private property to avoid an official traffic control device, sign, or signal.

Stopping and parking prohibited. It shall be unlawful for any person to stop or park a motor vehicle in any manner on any public or private property or parking lot contrary to a regulatory sign posted thereon which may permit parking by certain persons and limits, restricts, or prohibits parking as to other persons without the consent of the owner or lessee of the property. Any vehicle parked in violation of this section may be removed or towed by the property owner at the vehicle owner's expense.

§ 510-20 Motor vehicles on pedestrianways and overpasses.

No person shall operate or park any motor vehicle on any pedestrian way or pedestrian overpass within the Village of Winneconne except municipal or county maintenance vehicles.

§ 510-21 School crossing guards.

Authority. Pursuant to § 349.215, Wis. Stats., those adult persons hired by the School District or Police Department to act as "school crossing guards" shall have the authority to stop vehicular traffic and to keep it stopped as long as necessary at their respective school crossings for the purpose of permitting school children to cross the street.

Unlawful to disobey. It shall be unlawful for any person to refuse or fail to comply with any lawful order, signal or direction of any adult "school crossing guard" given for the purpose of permitting school children to cross the street.

§ 510-22 Driving over safety islands prohibited.

Whenever safety zones or safety islands are marked in accordance with the Wisconsin Uniform - Traffic Control Device Manual, no operator of a vehicle shall at any time drive through or over a safety zone or safety island. Persons causing damage to curbing by driving over such curbing shall be responsible for the cost of such repairs.

§ 510-23 Sound-producing devices in vehicles; impoundment; seizure and forfeiture.

Sound-producing devices; impoundment; seizure and forfeiture.

In this section, "sound-producing device" does not include a piece of equipment or machinery that is designed for agricultural purposes and that is being used in the conduct of agricultural operations.

A law enforcement officer, at the time of issuing a citation for a violation of § 346.94(16), Wis. Stats., or a Village ordinance in strict conformity with § 346.94(16), Wis. Stats., or any other Village ordinance prohibiting excessive noise, is authorized to impound any radio, electric sound amplification device or other sound-producing device used in the commission of the violation if the person charged with such violation is the owner of the radio, electric sound amplification device or other sound-producing device and has two or more prior convictions within a three-year period of § 346.94(16), Wis. Stats., or a local ordinance in strict conformity with § 346.94(16), Wis. Stats., or any other Village ordinance prohibiting excessive noise. The Village authorizes the impoundment of a vehicle for not more than five working days to permit the Village authorities or their authorized agent to remove the radio, electric sound amplification device or other sound-producing device if the vehicle is owned by the person charged with the violation and the sound-producing device may not be easily removed from the vehicle. Upon removal of the sound-producing device, an impounded vehicle shall be returned to its rightful owner.

(3)

The Village may recover the cost of impounding the sound-producing device and, if a vehicle is impounded, the cost of impounding the vehicle and removing the sound-producing device. Upon disposition of the forfeiture action for the violation of § 346.94(16), Wis. Stats., or a local ordinance in strict conformity with § 346.94(16), Wis. Stats., or any other local ordinance prohibiting excessive noise and payment of any forfeiture imposed, the sound-producing device shall be returned to its rightful owner.

(4)

The Village may dispose of any impounded sound-producing device or, following the procedure for an abandoned vehicle under § 342.40, Wis. Stats., any impounded vehicle which has remained unclaimed for a period of 90 days after disposition of the forfeiture action.

(5)

This subsection does not apply to a radio, electric sound amplification device or other sound-producing device on a motorcycle.

(6)

Notwithstanding Subsection A(1) through (5) above, the Village authorizes a law enforcement officer, at the time of issuing a citation for a violation of § 346.94(16), Wis. Stats., or a local ordinance in strict conformity with § 346.94(16), Wis. Stats., or any other local ordinance prohibiting excessive noise, to seize any radio, electric sound amplification device or other sound-producing device used in the commission of the violation if the person charged with such violation is the owner of the radio, electric sound amplification device or other sound-producing device and has three or more prior convictions within a three-year period of § 346.94(16), Wis. Stats., or a local ordinance in strict conformity with § 346.94(16), Wis. Stats., or any other local ordinance prohibiting excessive noise.[1]

[1]

Editor's Note: Original Sec. 10-1-24(a)(7) of the 2012 compilation of ordinances, regarding duplicative impoundment provisions, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 510-23A(2).

(7)

Any seized sound-producing device under Subsection A(6) shall be treated in substantially the manner provided in §§ 973.075(3), 973.076 and 973.077, Wis. Stats., for property realized through the commission of any crime, except that the sound-producing device shall remain in the custody of the applicable law enforcement agency; a district attorney or Village Attorney, whichever is applicable, shall institute the forfeiture proceedings; and, if the sound-producing device is sold by the law enforcement agency, all proceeds of the sale shall be retained by the Village.

(8)

The Village may, following the procedure for an abandoned vehicle under § 342.40, Wis. Stats., dispose of any impounded vehicle which has remained unclaimed for a period of 90 days after disposition of the forfeiture action.

(9)

This subsection does not apply to a radio, electric sound amplification device or other sound-producing device on a motorcycle.

Vehicle owner's liability for radios or other electric sound amplification devices.

Liability for violations.

The owner of a vehicle involved in a violation of § 346.94(16), Wis. Stats., shall be presumed liable for the violation as provided in this section.

Notwithstanding Subsection B(1), no owner of a vehicle involved in a violation of § 346.94(16), Wis. Stats., may be convicted under this section if the person operating the vehicle or having the vehicle under his or her control at the time of the violation has been convicted for the violation under this section or under § 346.94(16), Wis. Stats.

Any member of the public who observes a violation of § 346.94(16), Wis. Stats., may prepare a written report indicating that a violation has occurred. If possible, the report shall contain the following information:

The time and the approximate location at which the violation occurred.

The license number and color of the motor vehicle involved in the violation.

Identification of the motor vehicle as an automobile, station wagon, motor truck, motor bus, motorcycle or other type of vehicle.

(3)

Report of violation; service of notice.

Report of violation.

[1]

Within 24 hours after observing the violation, a member of the public may deliver a report containing all of the information in Subsection B(2) to a traffic officer of the county or municipality in which the violation occurred. A report which does not contain all of the information in Subsection B(2) shall nevertheless be delivered and shall be maintained by the county or municipality for statistical purposes.

[2]

Within 48 hours after receiving a report containing all of the information in Subsection B(2), the traffic officer shall investigate the violation and may prepare a uniform traffic citation under § 345.11 and, within seventy-two-hour after receiving such report, any traffic officer employed by the authority issuing the citation may personally serve it upon the owner of the vehicle.

If with reasonable diligence the owner cannot be served under Subsection B(3)(a), service may be made by leaving a copy of the citation at the owner's usual place of abode within this state in the presence of a competent member of the family who is at least 14 years of age and who shall be informed of the contents thereof. Service under this paragraph may be made by any traffic officer employed by the authority issuing the citation and shall be performed within 72 hours after a report containing all of the information in Subsection B(2) was delivered to a traffic officer under Subsection B(3)(a)[1].

If with reasonable diligence the owner cannot be served under Subsection B(3)(a) or (b) or if the owner lives outside of the jurisdiction of the issuing authority, service may be made by certified mail addressed to the owner's last-known address. Service under this subsection shall be performed by posting the certified mail within 72 hours after a report containing all of the information in Subsection B(2) was delivered to a traffic officer under Subsection B(3)(a)[1]. Except for owners who live outside of the jurisdiction of the issuing authority, service under this subsection may not be performed unless service under Subsection B(3)(a) and (b) has been attempted.

(4)

Defenses to the imposition of liability under this section include:

That a report that the vehicle was stolen was given to a traffic officer before the violation occurred or within a reasonable time after the violation occurred.

If the owner of the vehicle provides a traffic officer employed by the authority issuing the citation with the name and address of the person operating the vehicle or having the vehicle under his or her control at the time of the violation and sufficient information for the officer to determine that probable cause does not exist to believe that the owner of the vehicle was operating the vehicle or having the vehicle under his or her control at the time of the violation, then the owner of the vehicle shall not be liable under this section or under § 346.94(16), Wis. Stats.

If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in the possession of a lessee, and the lessor provides a traffic officer employed by the authority issuing the citation with the information required under § 343.46(3), Wis. Stats., then the lessee and not the lessor shall be liable under this section, or under § 346.94(16), Wis. Stats.

(d)

If the vehicle is owned by a dealer, as defined in § 340.01(11) (intro.), Wis. Stats., but including the persons specified in § 340.01(11)(a) to (d), Wis. Stats., and at the time of the violation the vehicle was being operated by or was under the control of any person on a trial run, and if the dealer provides a traffic officer employed by the authority issuing the citation with the name, address and operator's license number of the person operating the vehicle or having the vehicle under his or her control on a trial run, then that person, and not the dealer, shall be liable under this section or under the applicable provision of § 346.94(16), Wis. Stats.

(e)

Notwithstanding § 346.94(16)(b)6., Wis. Stats., this section does not apply to the operation of a motorcycle.

Authority to regulate radios or other electric sound amplification devices.

Notwithstanding § 346.94(16), Wis. Stats., the Village provides that, except as provided in § 347.38(1), Wis. Stats., no person may operate or park, stop or leave standing a motor vehicle while using a radio or other electric sound amplification device emitting sound from the vehicle that is clearly audible under normal conditions from a distance of 50 or more feet, unless the electric sound amplification device is being used to request assistance or warn against an unsafe condition. Any person violating this subsection may be required to forfeit a fee as determined by Village Board.

Subsection C(1) may not apply to any of the following:

The operator of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm.

The operator of a vehicle of a public utility.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

The operator of a vehicle that is being used for advertising purposes.

(d)

The operator of a vehicle that is being used in a community event or celebration, procession or assemblage.

(e)

The activation of a theft alarm signal device.

(f)

The operator of a motorcycle being operated outside of a business or residence district.

§ 510-24 Use of compression brakes prohibited.

Except in emergency situations, it shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the Village of Winneconne any engine brake, compression brake or mechanical exhaust device designed to aid in the braking or deceleration of any vehicle that results in excessive, loud, unusual, or explosive noise from such vehicle.

§ 510-25 Traffic and parking regulations on School District grounds.

Pursuant to the provisions of § 118.105, Wis. Stats., the following regulations shall apply to the grounds of the Winneconne School District located within the Village.

Parking. All parking on any grounds of the Winneconne School District from 7:00 a.m. to 4:30 p.m. shall be restricted to areas designated for parking by the School Board. When signs are erected by the School Board giving notice of such restrictions, all persons shall park only in areas designated and signed for visitor parking. There shall be no parking on said ground between 11:00 p.m. and 6:00 a.m., except when school functions extend past 11:00 p.m.; on such nights there shall be no parking one hour after the function has concluded.

Speed limits. No person shall at any time operate a motor vehicle upon any Winneconne School District grounds at a speed in excess of 15 miles per hour.

Vehicles prohibited at specified times. No person shall at any time operate a motor vehicle, other than a school bus and emergency vehicle, in or upon any drive designated "for buses only" by sign during the hours of 7:30 a.m. to 9:00 a.m. and during the hours of 3:00 p.m. to 4:30 p.m. on any weekday during the months school is in session.[1]

[1]

Editor's Note: Original Sec. 10-1-27 of the 2012 compilation of ordinances, Fishing Obstruction of South Bridge Sidewalk Prohibited, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 510-26 Low-speed vehicles.

Definitions and requirements.

A low-speed vehicle (LSV) means a self-propelled electric motor vehicle that has successfully completed the Neighborhood Electric Vehicle America Test Program conducted by the Federal Department of Energy or a gas-powered low-speed motor vehicle that conforms to the definitions 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.

An LSV shall have four wheels and have a speed range of at least 20 miles per hour and not more than 35 miles per hour on a paved, level surface and a gross vehicle weight at rest of less than 3,000 pounds. Any LSV shall be equipped with the following:

Headlamps.

Front and rear turn signals.