[Adopted 7-13-2020 by Ord. No. 200713-1[1]]
[1]
Editor's Note: This article derives from §§ 4.01 to 4.16, of the former Municipal Code, amended 1-22-1990, 1-18-2000, 2-14-2005, 11-28-2005, 4-24-2006, 9-8-2008, 12-15-2008, 12-17-2012, 1-27-2014 and 9-23-2019 by Ord. No. 190909-1.
A. 
Traffic code. This traffic code is adopted by the Village of Fox Crossing under the authority of Ch. 349, Wis. Stats. Therefore, except as otherwise provided in this article, the statutory provisions of Chapters 340 through 348 of the Wisconsin Statutes, and § 941.01, Wis. Stats., describing and defining regulations with respect to vehicles and traffic, exclusive of any provisions therein relating to penalties to be imposed and exclusive of any regulations for which the statutory penalty is defined or term of imprisonment is defined, are hereby adopted and by reference made a part of this code, as hereinbefore set forth and 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 code. Any future amendments, revisions or modifications of the statutes incorporated herein are then to be made a part of this code in order to secure uniform statewide regulation of traffic on the highways, streets and alleys of the State of Wisconsin, and the municipality.
B. 
Snowmobiles.
(1) 
State snowmobile laws adopted. Under the authority of Chapters 349 and 350 of the Wisconsin Statutes, the state snowmobile laws are hereby adopted. Except as otherwise specifically provided in this article, the statutory provisions describing and defining regulations with respect to snowmobiles in the State of Wisconsin as set forth in §§ 350.01 to 350.19, Wis. Stats., are hereby adopted by reference and made part of this section as if fully set forth herein. The acts required to be performed or prohibited by such statutes are required or prohibited by this section.
(2) 
Applicability of rules of the road to snowmobiles. The operator of a snowmobile on a roadway shall, in addition to the provisions of Ch. 350, Wis. Stats., be subject to §§ 346.04 to 346.94, Wis. Stats., which are hereby adopted by reference and made part of this section.
(3) 
Permitting operation by improper persons prohibited. No owner or person having charge or control of a snowmobile shall authorize or permit any person to operate such snowmobile who is not permitted under state law to operate such snowmobile or who is under the influence of an intoxicant or a dangerous or narcotic drug.
(4) 
Operation while under influence prohibited. Section 346.63, Wis. Stats., shall apply to the operation of a snowmobile anywhere within the Village.
(5) 
Written consent of owner required. The consent required under § 350.10(1)(f), (k) and (m), Wis. Stats., shall be written consent dated and limited to the year in which the consent is given. If the property is owned or leased by more than one person, the consent of each shall be obtained.
A. 
The maximum permissible speed at which vehicles may be operated on the various Village of Fox Crossing streets is as follows, contingent upon erection of proper signing:
(1) 
Twenty-five miles per hour. All streets in the Village of Fox Crossing except the following:
(a) 
State, federal and county highways (limits set by other jurisdictions).
(b) 
Ten miles per hour:
[1] 
All roads within Village of Fox Crossing parks.
[2] 
Gail Lane.
[3] 
Helene Drive.
[4] 
Gregory Lane.
[5] 
Stephanie Lane.
[6] 
Dena Lane.
[7] 
Marcy Drive.
[8] 
Warbler Lane.
[9] 
Allison Drive between Gail Lane and Gregory Lane.
[10] 
Tumblebrook Road between Shady Lane and Gregory Lane.
(c) 
Fifteen miles per hour:
Name of Street
Elru Drive
East/West Portion of Brighton Beach Road
Happy Valley Drive
Paradise Lane
Sleepy Hollow
(d) 
Thirty miles per hour:
Name of Street
Location
Calumet Street
From Oneida Street westerly to the City of Appleton municipal boundary
North Lake Street
From Blair Avenue southerly to the City of Neenah municipal boundary
(e) 
Thirty-five miles per hour:
Name of Street
Location
Airport Road
Between Racine Street and State Trunk Highway 47
American Drive
Between Prospect and Copperhead Drive
American Drive
Between Green Bay Road and 10 miles north of Jacobsen Road
Cold Spring Road
Between American Drive and Allison Drive
East Shady Lane
Between American Drive and Municipal Drive
Irish Road
Between Jacobsen Road and Mimosa Lane
Jacobsen Road
Between North Lake Street and Clayton Avenue
Northern Road
Entire length
North Lake Street
Between Jacobsen Road and Blair Avenue
Stroebe Road
Between Northern Road and Harry's Gateway
West Butte des Morts Beach Road
From Lake Street northerly to the point where Millbrook Creek crosses West Butte des Morts Beach Road
(f) 
Forty-five miles per hour:
Name of Street
Location
Clayton Avenue
Between Prospect Avenue (CTH BB) and Winchester Road
Cold Spring Road
Between Allison Drive and Prospect Avenue (CTH BB)
East Shady Lane
[Amended 4-10-2023 by Ord. No. 230327-2]
From Municipal Drive to Clayton Avenue
Irish Road
Between Prospect Avenue (CTH BB) and Mimosa Lane
(g) 
Fifty-five miles per hour: none.
[Amended 4-10-2023 by Ord. No. 230327-2]
(h) 
Special speed limits.
[1] 
Fifteen miles per hour:
[a] 
Marked school zones.
[b] 
Marked construction zones.
[2] 
Section 346.57, Speed restrictions, of the Wisconsin Statutes is hereby adopted by reference, as applicable.
B. 
Modification of speed restrictions. All modifications of any existing speed restriction within the Village of Fox Crossing (excluding limits set by other jurisdictions: state, federal and county highways) shall require the following:
(1) 
There shall be a completed engineering and traffic investigation which states the change is reasonable, safe and prudent, and the engineering and traffic investigation shall be completed by the state, or any other qualified engineer approved by the Village Board.
(2) 
Any increase or decrease in the speed limit of more than 10 miles per hour shall require approval of the State of Wisconsin Department of Transportation, and no signs giving notice of a modification of the speed limit shall be erected until such approval has been received.
Arterial streets shall be designated by stop signs or other appropriate signs, and every operator of a vehicle approaching such sign shall comply with § 346.46, Wis. Stats.
A. 
Additional parking limitations may be adopted by either resolution of the Village of Fox Crossing Board of Trustees or action of the Village Manager under § 364-7, with copies of all such actions to be kept on file with the Village Clerk for the Village of Fox Crossing. The posting of regulations adopted hereunder shall be in conformity with § 364-7 of this article.
B. 
Commercial vehicles.
(1) 
No commercial vehicle shall be parked on any Village road or street or Village right-of-way between the hours of 2:00 a.m. and 5:00 a.m. No commercial vehicle shall be parked on any Village road or street at any other times for a period longer than necessary to service or provide service or materials at the location where parked or standing.
(2) 
"Commercial vehicle" shall be defined as a truck-tractor, school bus, semitrailer or any commercial vehicle or a combination of vehicles as defined in § 340.01(8), Wis. Stats.
(3) 
These regulations shall be effective after passage, publication and after signs have been erected at or reasonably near the corporate limits of the Village as provided in § 349.13, Wis. Stats.
C. 
All-night parking prohibited. When signs have been erected at or reasonably near the corporate limits of the Village as provided in § 349.13, Wis. Stats., no person shall park any motor vehicle on any street or road or Village right-of-way (except for driveway aprons located in the Village right-of-way) in the Village of Fox Crossing between the hours of 2:00 a.m. and 5:00 a.m., except physicians and other emergency calls and vehicles, from November 1 of each year to April 1 of the following year. This subsection shall regulate both private and commercial vehicles when in effect and is in addition to the regulations of Subsection B above.
D. 
Snow emergency.
(1) 
It shall be the duty of the Village Manager or, in his absence, the Village President or designated Trustee, during the periods of snow emergency and immediately thereafter, to declare a state of public emergency and the duration thereof by public proclamation, which may be done through the mediums of radio, placards, newspapers, or other means of communication.
(2) 
An "emergency snowstorm" is one in which snow is falling in such a manner as to produce a congestion of traffic or impede the operation of emergency vehicles.
(3) 
Emergency vehicles shall include police squad cars, firefighting apparatus, ambulances, rescue squad cars, Village-owned or hired snowplows, snow removal equipment and machinery.
(4) 
During a snow emergency, no person shall park or abandon any vehicle, load or unload any merchandise or freight truck or vehicle on any Village road, alley, street or lane, until such time as said snow emergency has been declared over.
E. 
In addition to the penalty set forth, any police officer may cause any vehicle parked in violation of this section to be moved to a public parking lot or garage, and the cost of moving and storage shall be paid by the owner or operator of said vehicle, and the law enforcement authority of the Village of Fox Crossing shall hold said vehicle until all charges of moving and storage have been paid.
F. 
Removal of illegally parked vehicles. Any vehicle illegally parked under this section may be removed by a police officer to a position permitted under these sections and the Wisconsin Statutes, but such moving shall not relieve the operator of liability for forfeiture for the offense.
G. 
No parking shall be permitted at any time in a cul-de-sac, if appropriate "No Parking" signs are in place and visible in said cul-de-sac designating the area where parking is prohibited. Such "No Parking" signs may be ordered installed by Village Board action, following mailed notification to affected property owners.
H. 
Nonmoving violation and registration program adopted. See § 364-15H.
A. 
It shall be unlawful for any person to operate any motor driven recreational vehicle on any Village of Fox Crossing park property or on other public properties owned or leased by the Village of Fox Crossing, or on any property of the Neenah Joint School District, or on any other school grounds or property whether a public or a private school.
B. 
Exemptions.
(1) 
Licensed vehicles on public streets shall be exempt from this section.
(2) 
This section shall not apply to the maintenance equipment operated or authorized by the Village of Fox Crossing, the Neenah Joint School District, or other owner of public or private school property.
(3) 
Electric scooters operated on what is commonly referred to as the "Loop the Lake Trail" that extends through Fox Crossing, the City of Menasha, and the City of Neenah.
[Added 6-13-2022 by Ord. No. 220613-1]
(a) 
The "Loop the Lake Trail" section in Fox Crossing begins at the south Village border on North Lake Street, runs northerly to Fritse Park, and terminates at the entrance of the Trestle Trail within Fritse Park.
(b) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
ELECTRIC SCOOTER
A device weighing less than 100 pounds that has handlebars and an electric motor, is powered solely by the electric motor and human power, and has a maximum speed of not more than 20 miles per hour on a paved level surface when powered solely by the electric motor.
C. 
Definition. "Motor driven recreational vehicle" shall mean any vehicle propelled by power (other than human power), designed to travel on or along the ground by the use of wheels, treads, tracks, runners, or slides, which shall include without limitation automobiles, trucks, trailers, motorcycles, trail bikes, minibikes, all-terrain vehicles, go-carts, tractors, buggies, wagons, snowmobiles, and mopeds.
The operator of any vehicle involved in an accident within the corporate limits of the Village of Fox Crossing shall, within 10 days after such accident, file with the Village Police Department a copy of the report required by §§ 346.66 to 346.73, 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 a duty to comply with this section. Such reports shall be subject to the provisions and limitation in §§ 346.66 to 346.73, Wis. Stats.
A. 
The Village Manager, upon the recommendation of either the Police Chief or the Street Superintendent, is hereby authorized and delegated to have procured, erected and maintained appropriate standard traffic signals, signs and markings conforming to the rules of the State Department of Transportation giving such notice of the provisions of this article as required by state law. Signs shall be erected in such location and manner as the Village Manager shall determine will best effect the purpose of this article and give adequate warning to users of the streets, highways and roads of the Village of Fox Crossing as specified in § 346.02(7), Wis. Stats. Disobedience of regulations emplaced by the Village Manager, marked and posted according to this article, shall violate such regulations as adopted in this article. The Village Manager shall have authority under this subsection to provide for the installation of yield signs, stop signs, traffic signals at intersections, and regulations concerning stopping, standing or parking of vehicles. The Street Superintendent, when proceeding under the authority of this article, shall, within 48 hours thereafter, file notice with the Village Clerk and the Village of Fox Crossing Police Department as to any traffic signs authorized and posted pursuant to this subsection.
B. 
Removal of unofficial signs and signals. The Village Police Department shall have the authority granted by § 349.09, Wis. Stats., and is hereby directed to order the removal of a sign, signal, marking or device placed, maintained or displayed in violation of this article or § 346.41, Wis. Stats. Any charge imposed on the 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.
C. 
Notification to Village Board. The Village Manager shall notify the Village Board of all intended installations of said signs such that the Village Board may take action if so desired.
No operator of a vehicle shall fail or refuse to stop for a school crossing guard when, in the performance of his or her duties, the school crossing guard so directs by use of sign or signal. The provisions of §§ 346.46 and 346.465, Wis. Stats., are hereby adopted as Village ordinance and hereby incorporated by reference.
A. 
No person shall cause or permit any railroad train, locomotive, car or combination thereof, whether on the same track or not, to block any highway crossing, street crossing, or sidewalk crossing in the Village of Fox Crossing for longer than 10 minutes, except as follows:
[Amended 3-22-2021 by Ord. No. 210308-1]
(1) 
If a train is separated for any reason, such as adding or detaching a block of cars, followed by the train being put back together, a continuity test of the brakes must be done pursuant to federal regulations.
B. 
Any conductor, engineer, brakeman or other person having charge of or directing the movements of any railroad train, locomotive, car or combination thereof who violates this section shall be subject to penalty as provided in the penalty section of this article.
C. 
In the event that the blocking of a crossing is caused by accident, mechanical difficulty or other circumstances, with the exception of the above-mentioned brake testing federal regulation, solely beyond the control of the railroad and its employees and such blocking is or shall continue for longer than 10 minutes, then the conductor, engineer, brakeman or other person having charge of the train shall notify the Winnebago County 911 Center so that arrangements can be made for emergency and other vehicles and shall further cooperate by "breaking" the train, when practical, at the crossing for the purpose of allowing the flow of traffic.
[Amended 3-22-2021 by Ord. No. 210308-1]
D. 
Any conductor, engineer, brakeman or other person having charge of the movements of the railroad train, locomotive, car or combination thereof who fails to notify the Winnebago County 911 Center where there is a blocking caused by accident, mechanical difficulties or other circumstances, with the exception of the above-mentioned brake testing federal regulation, solely beyond the control of the railroad and its employees, within 10 minutes of such blockage shall be subject to the penalties as provided in the penalty section of this article.
[Amended 3-22-2021 by Ord. No. 210308-1]
A. 
As used in this section, motor-driven cycles, motor bicycles, all-terrain vehicles (ATVs), snowmobiles and motorcycles shall have the definitions applicable under Ch. 340, Wis. Stats., except that they shall be motor-driven vehicles, not capable of registration under Ch. 341, Wis. Stats., and also where such motor-driven vehicles do not meet the equipment requirements in Ch. 347, Wis. Stats.
B. 
No person shall operate a motor-driven vehicle not registered or not properly equipped under Subsection A within or on any lands, public or private, within the Village except in areas specified in Subsection F. No person shall operate and no owner shall consent to being operated on any public right-of-way or street of the Village or upon any public or private lands, including parks within the Village, any motor-driven vehicle which does not meet the registration requirements and is not registered pursuant to Ch. 341, Wis. Stats., or, similarly, is not equipped and suitable for registration under Ch. 347, Wis. Stats. No parent or guardian of any child shall authorize or knowingly permit such child to violate any of the provisions of this section.
C. 
This section shall not apply to the loading and unloading of a motor-driven cycle, motor bicycle, motorcycle, ATV or snowmobile on or off the trailer when upon the private property of the owner of such vehicle.
D. 
This section shall not apply to the retail dealer's preparation or maintenance of a vehicle described in this section, provided operation or maintenance by a retail dealer does not cause or constitute a nuisance.
E. 
No owner or person having charge or control of a vehicle defined under this section shall authorize or permit any person to operate such vehicle upon private or public lands within the Village nor permit a person to operate such a vehicle who is not permitted under state law to operate any such vehicle or who is under the influence of an intoxicant or any dangerous or narcotic drug.
F. 
Exceptions. This section shall not apply to:
(1) 
Motorized vehicles designed or modified for, and being used for:
(a) 
Lawn care.
(b) 
Gardening.
(c) 
Agriculture.
(d) 
Snow removal.
(e) 
Maintenance purposes in multifamily developments.
(f) 
Village of Fox Crossing park maintenance.
(g) 
Other officially authorized/permitted Village purposes.
(2) 
A motor bicycle being operated by a person in possession of a valid permit issued by the Chief of Police. Permits will be reviewed annually.
A. 
Authority. Pursuant to the authority granted to the Village of Fox Crossing by § 349.26(2), Wis. Stats., the following section is hereby created to read as follows.
B. 
Definition. "Low-speed vehicle" shall have the definition provided in § 340.01(27h), Wis. Stats., including any amendments thereto.
C. 
Regulation.
(1) 
Low-speed vehicles may be operated on all streets and connecting highways within the municipal boundary of the Village of Fox Crossing, except as limited by state law and this section.
(2) 
Each person operating a low-speed vehicle on a public street in the Village of Fox Crossing shall possess a valid driver's license.
(3) 
Each person operating a low-speed vehicle on a public street in the Village of Fox Crossing shall be granted all of the rights and be subject to all of the duties applicable to a driver of any motor vehicle in the State of Wisconsin, including maintaining insurance as required by state law, except as to the special regulations in this section, and except as to those provisions which by their nature do not apply to the operation of a low-speed vehicle.
(4) 
Each person operating a low-speed vehicle on a public street in the Village of Fox Crossing shall observe all traffic laws and local ordinances regarding the rules of the road. A low-speed vehicle shall not be operated on any public roadway with a posted speed limit greater than 35 miles per hour.
(5) 
The Village shall create, and the Community Development Department shall at all times maintain, a map highlighting those roadways within the Village boundaries on which low-speed vehicle use is prohibited.
No person shall leave or allow a snowmobile to remain unattended on any public highway or public property while the motor is running or with the starting key in the ignition.
A. 
No person shall engage in the business of renting or leasing of snowmobiles to the public or of renting or leasing use of a snowmobile track or other private property to the public for the operation of snowmobiles thereon in the Village of Fox Crossing unless he first obtains a license as provided in this section.
B. 
Application for snowmobile renters' licenses shall be filed with the Village Clerk and shall include the name of the owner of the premises on which such business will be conducted, the proposed period and hours of operation, the name of the person, firm or corporation which will conduct such business, the state registration number of such commercial owner, if any, and the registration numbers of any snowmobiles to be leased by such business and such other information as the Village Board shall require to consider such application. The application shall be accompanied by a fee set forth in the Village Fee Schedule, reference this Code section, to cover the cost of investigation and issuance of the license.
C. 
No license shall be issued unless approved by the governing body after public hearing. Notice of such hearing shall be given as a Class 1 notice under Ch. 985, Wis. Stats. The Village Board shall approved issuance of the license only if it determines that the public health, safety and welfare will not be adversely affected thereby and that the following requirements are met:
(1) 
Applicants must have on file with the Village Clerk proof of liability insurance in force covering the premises to be licensed and the operation of any snowmobile thereon or to be rented or offered for use to the public by the business with limits of $50,000 per person, $300,000 per accident, and $10,000 property damage.
(2) 
If snowmobiles are to be used on the licensed premises, such use must be restricted to areas located at least 700 feet from any dwellings not owned or occupied by the applicant.
(3) 
Snowmobiles shall be operated on the premises only between the hours of 7:00 a.m. and 10:30 p.m.
D. 
The licensing period shall be for one year from September 1 to August 31.
E. 
The Village Clerk shall issue a renewal license to any person, firm, or corporation holding a valid license under this section upon payment of the annual license fee; provided, however, that any such applicant who has been convicted within the preceding 12 months of a violation of this article or any state statute regulating or restricting the use of snowmobiles or snowmobile renters shall not be entitled to a license renewal until approved by the Village Board after a public hearing as required under Subsection C of this section.
The penalty for violation of any provision of this article shall be a forfeiture as provided, together with the costs of prosecution imposed as provided in §§ 345.20 to 345.53, Wis. Stats., as adopted by § 364-1 of this article.
A. 
Uniform offenses. Except as provided in Subsection C for parking and nonmoving traffic offenses, forfeitures for violation of any provision of Chapters 341 through 348 and §§ 350.01 through 350.19 of the Wisconsin Statutes incorporated and adopted by reference in § 364-1 of this article shall conform to forfeitures for violations of comparable state offense, including any variations or increases for second offenses. Penalties set forth in Wisconsin Statutes and published by the Wisconsin Judicial Conference are hereby adopted by reference. See § 364-15 of this article for uniformity of deposits, court costs and suit tax.
B. 
Special local regulations. The forfeitures for violation of §§ 364-5, 364-9, 364-10, 364-11 and 364-12 of this article shall be as set forth in Chapter A450, Fines and Penalties, reference this Code section, together with the costs of prosecution.
C. 
Parking.
(1) 
The minimum forfeitures for violations of parking regulations in § 364-4, snow emergency violations in § 364-4D, and handicap parking (§ 346.505, Wis. Stats.) shall not be less than an amount set forth in Chapter A450, Fines and Penalties, reference this Code section, together with the costs of prosecution.
(2) 
Nonmoving traffic offenses. The forfeitures for offenses described in §§ 346.50 to 346.55, Wis. Stats., adopted by reference in § 364-1 of this article, shall be set forth in Chapter A450, Fines and Penalties, reference this Code section.
(3) 
With the exception of handicap parking violations and snow emergency violations, forfeitures (fines) issued for the minimum penalty under this article that are not paid within 10 days will double. If not paid within 20 days, the fine increases. Fines for handicap violations and snow emergency violations issued for the minimum penalty under this article will be increased by an amount if unpaid after 10 days, and doubled if unpaid after 20 days. Fines are set forth in Chapter A450, Fines and Penalties, reference this Code section.
D. 
Upon conviction of any alcohol-related offense for which the Village has expended funds or incurred expense for the withdrawal or testing of blood or urine, the cost of such service to the Village shall be added to any forfeiture, court costs, and fees imposed by the court.
A. 
Enforcement procedure. This article shall be enforced according to §§ 345.20 to 345.53, Wis. Stats.
B. 
Uniform citation for highway violations. The uniform traffic citation promulgated under § 345.11, Wis. Stats., shall be used for violations of this article relating to highway use except as herein provided, and shall be used for enforcement of violations of rules of the road relating to parking of vehicles adopted by reference in § 364-1 of this article.
C. 
Other violations. All violations of this article shall be enforced in accordance with §§ 66.0101 to 66.0115, Wis. Stats. Stipulations of guilt or no contest may be made as provided in § 66.0113, Wis. Stats., in substantially the form provided in the uniform traffic citation within five days of the date of the citation for such violation. Bail deposits may also be made as provided under § 66.0113, Wis. Stats.
D. 
Notice of demerit points and receipt. Every officer accepting a forfeited penalty or money deposit under this section shall receipt therefor in triplicate as provided in § 345.26(3)(b), Wis. Stats. Every officer accepting a stipulation under the provisions of the section 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.
E. 
Forfeited penalties and deposits. The deposit schedule adopted by the Wisconsin Judicial Conference and published as the Revised Uniform State Traffic Deposit Schedule shall be required as the forfeited penalties and deposits or bail, not including costs or fees. For violations of this article not provided in the Uniform Schedule, the deposit (not including costs or fees) shall be set forth in Chapter A450, Fines and Penalties, reference this Code section. See §§ 364-5, 364-9, 364-10, 364-11 and 364-12 violations.
F. 
Stipulation of no contest. Any person charged with a violation of this article except §§ 346.62(1) and 346.63(1), Wis. Stats., may make a stipulation of no contest pursuant to § 345.27, Wis. Stats., which shall be received at the police station or the office of the Clerk of Court within 10 days of the date of the alleged violation. Such person shall, at the time of entering into the stipulation, make a deposit required under Subsection B if they have not already done so. A person who has mailed or filed a stipulation under this subsection may, however, appear in court on the appearance date and may be relieved from the stipulation for cause shown as required in § 345.37, Wis. Stats.
G. 
Parking citations. Citations for all nonmoving traffic violations under this article shall conform to § 345.28, Wis. Stats., and shall permit direct mail payment of the applicable minimum forfeiture to the Village Police Department within five days of the issuance of the citation in lieu of court appearance. The issuing officer shall specify the amount of the applicable forfeiture as provided in this article.
H. 
Pursuant to the provision of § 345.28(4), Wis. Stats., the Village does hereby elect to participate in the Nonmoving Traffic Violation and Registration Program of the Wisconsin Department of Transportation and pay the costs established by the Department, which said costs shall, in turn, be assessed against the persons charged with nonmoving traffic violations. The Village of Fox Crossing Police Department, in the matter of unpaid citations, is herein and hereby appointed the delegated agency of the Village of Fox Crossing, and the Village Manager is hereby authorized to file with the State Department of Transportation the appropriate notice of the Village's election to participate in the Nonmoving Violation and Registration Program with the Wisconsin Department of Transportation. All provisions of § 345.28, Wis. Stats., concerning the Nonmoving Violation and Registration Program of the Wisconsin Department of Transportation, and Chapter Trans 128 of the Wisconsin Administrative Code concerning the Nonmoving Violation and Registration Program, are hereby incorporated herein at length by reference.
The Village Clerk shall file a copy of this article upon its enactment and publication with the Wisconsin Department of Natural Resources.
If any of the provisions of this article is deemed or declared to be invalid or unconstitutional or if the application of this article to any person or circumstances invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the applications of this article, which can be given effect without the invalid or unconstitutional provision or its application.