[Code 1993, § 7.01]
(a)
Except as otherwise specifically provided in this chapter, all provisions
of Wis. Stats. Chs. 340 — 348, describing and defining regulations
with respect to vehicles and traffic for which the penalty is a forfeiture
only, including penalties to be imposed and procedures for prosecution,
are adopted by reference and made a part of this section as if fully
set forth in this section. Any act required to be performed or prohibited
by any statute incorporated in this section by reference is required
or prohibited by this section. Any future amendments, revisions or
modifications of statutes incorporated in this section are intended
to be made part of this section in order to secure uniform statewide
regulation of traffic on the highways, streets and alleys.
(b)
In addition to the sections of the Wisconsin Statutes previously
adopted, there is also adopted in its entirety Wis. Admin. Code Ch.
Trans. 305, entitled "Standards for Motor Vehicle Equipment," as it
may be amended from time to time.
[Code 1993, § 7.08]
(a)
Direction of procurement, erection and maintenance. The Village Administrator
or designee shall direct the procurement, erection and maintenance
of appropriate standard traffic signs, signals and markings conforming
to the rules of the state department of transportation giving such
notice of the provisions of this chapter as required by 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 streets, roads, highways or
alleys in question.
(b)
Removal of illegal signs, signals, markings and devices. The Village
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, marking or device shall
be reported to the Village Board for review and certification at its
next regular meeting.
[Code 1993, § 7.06(8)]
(a)
Prohibited.
(1)
No person shall leave any unattended motor vehicle, trailer, semitrailer,
mobile home or boat parked upon any public highway, or private or
public property for such time and under such circumstances as to cause
the vehicle to reasonably appear to have been abandoned. Except as
otherwise provided in this subsection, whenever any vehicle has been
left unattended in the Village for more than 48 hours, without the
permission of the property owner, the vehicle is deemed parked and
abandoned and constitutes a public nuisance. A motor vehicle shall
not be considered a parked and abandoned motor vehicle when it is
out of ordinary public view or when designated as not abandoned by
an authorized Village official.
(2)
No person shall leave any unattended motor vehicle, trailer, semitrailer,
mobile home or boat parked or stopped upon any public highway or public
property in such a manner as to jeopardize public safety.
(b)
Impoundment. Any vehicle in violation of this section shall be impounded until lawfully claimed or disposed of under Subsection (c) of this section, except that if it is deemed by an authorized Village representative that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle, the vehicle may be junked or sold by the Village prior to expiration of the impoundment period upon a determination by the Chief of Police that the vehicle is not stolen or otherwise wanted for evidence or other reason.
(c)
Removal and disposition.
(1)
Any Village police officer or patrolman who discovers any motor vehicle,
trailer, semitrailer, mobile home or boat in violation of this section
shall cause the vehicle to be removed to a suitable place of impoundment.
Upon removal of the vehicle, the officer shall notify the Chief of
Police of the location of the impounded vehicle.
(2)
The owner of any vehicle in violation of this section is responsible
for the vehicle and all costs of impounding and disposing of the vehicle.
Costs not recovered from the sale of the vehicle may be recovered
in a civil action by the Village against the owner. Whether or not
the Village recovers the cost of towing and enforcement, the Village
shall be responsible to the towing service for requisitional towing
service and reasonable charges for impoundment. Any amounts recovered
in excess of the costs of impounding and disposing of the vehicle,
including any citations issued, shall be considered a forfeiture and
shall be retained by the Village.
(3)
Any vehicle which is in violation of this section and not disposed
of under Subsection (b) of this section shall be retained in storage
for a minimum period of 10 days after certified mail notice has been
sent to the owner and lienholders of record to permit reclamation
of the vehicle after payment of accrued charges. Such notice shall
set forth the year, make, model and serial number of the motor vehicle,
the place where the vehicle is being held and shall inform the owner
or any lienholders of their right to reclaim the vehicle. The notice
shall state that the failure of the owner or lienholders to exercise
their rights to reclaim the vehicle under this subsection shall be
deemed a waiver of all rights, title and interest in the vehicle and
a consent to the sale of the vehicle. Each retained vehicle not reclaimed
by its owner or lienholder may be sold. The Village may dispose of
the vehicle by sealed bid or auction sale. If there are more than
two such vehicles being offered for sale, such vehicles shall be sold
by sealed bid to the highest bidder for all of the vehicles. If the
sale is by auction, the highest bid for any such motor vehicle shall
be accepted unless the bid is deemed inadequate by an authorized Village
representative, in which event, all bids may be rejected. If all bids
are rejected or no bids are received, the Village may either readvertise
the sale, adjourn the sale to a definite date, sell the motor vehicle
at a private sale or junk the vehicle. Any interested person may offer
bids on the vehicles to be sold pursuant to the provisions of this
subsection. Upon the sale of such vehicle, the Village shall supply
the purchaser with a completed form designated by the Police Department,
enabling the purchaser to obtain a regular certificate of title for
the vehicle. The purchaser shall have 10 days to remove the vehicle
from the storage area, but shall pay a reasonable storage fee established
by the Village Board for each day the vehicle remains in storage after
the second business day subsequent to the sale date. Ten days after
the sale, the purchaser shall forfeit all interest in the vehicle
and the vehicle shall be deemed to be abandoned and may be sold again.
Any listing of vehicles to be sold by the Village shall be made available
to any interested person or organization which makes a written request
for such list. The Village may charge a fee as set by the Village
Board for the list.
(4)
Within five days after the sale or disposal of a vehicle as provided
in this Subsection (c) or Subsection (b) of this section, the Village
shall advise the department of transportation of the sale or disposition
upon a form supplied by the department of transportation.
[Code 1993, § 7.06(9)]
(a)
Owners of any vehicle which has been impounded subsequent to an official
police investigation and is then released as evidence shall be sent
a notice by certified mail. The notice shall contain the year, make,
model and serial number of the vehicle, the place where the vehicle
is being held and shall inform the owner of his right to reclaim the
vehicle.
[Code 1993, § 7.11]
No person shall stop any railroad train, locomotive or car upon
or across any highway or street crossing within the Village outside
of cities or leave such train, locomotive or car standing upon such
crossing for a period of time longer than 10 minutes, except in the
case of an accident, and any conductor, engineer, brakeman or other
person in charge or responsible for such train, locomotive or car,
who shall violate this section, shall be subject to a forfeiture of
not more than $25.
[Code 1993, § 7.12]
(a)
Participation. The Village is a participant in the State of Wisconsin
Traffic Violation and Vehicle Registration Program relating to unpaid
or otherwise unsatisfied nonmoving traffic citations or any judgments
relating thereto which remain unpaid.
(b)
Authorized agency. The Police Department is the agency designated
by the Village as the entity authorized to submit unpaid citation
and satisfaction notices to the department of transportation on behalf
of the Village. The Chief of Police or his designee is authorized
to sign such notices on behalf of the Village.
[Code 1993, § 7.15; amended 1-13-2014 by Ord. No. 05-2014]
(a)
Generally. The penalty for a violation of any provision of this chapter
shall be a forfeiture and penalty assessment, if required by Wis.
Stats. § 757.05, a jail assessment, if required by Wis.
Stats. § 302.46(1), a truck driver education assessment,
if required by Wis. Stats. § 349.04, a railroad crossing
improvement assessment, if required by Wis. Stats. § 346.177,
346.495 or 346.65(4r), and a crime laboratories and drug law enforcement
assessment, if required by Wis. Stats. § 165.755, plus any
applicable fees prescribed in Wis. Stats. Ch. 814, not to exceed the
amount of the deposit that the court may accept as provided in Wis.
Stats. § 345.37.
(b)
Special local regulations. The forfeiture for a violation of any local regulation, except parking, shall be as provided in § 1-15.
(c)
Parking.
(1)
The forfeiture for a violation of the parking regulations in this chapter shall be as provided in § 1-15 and for offenses described in Wis. Stats. §§ 346.503-346.55, adopted by reference in this chapter, shall be as provided in Wis. Stats. § 346.56.
(2)
In accordance with Wis. Stats. § 345.28(2)(a), a person
charged with a nonmoving traffic (parking) violation under this section
may mail or pay the amount of the forfeiture to the Police Department
in person. In such case, the citation shall not be filed in court.
(3)
In addition to the amount of forfeiture for a violation of parking
ordinances, fees as set by the Village shall be assessed, when applicable,
for the following: When payment is made after the scheduled court
appearance date when no court appearance was made.
(4)
When payment is made following notification to the state department
of transportation to suspend or refuse the registration of vehicles
under Wis. Stats. § 345.28(4)(a)2, in addition to the fee
set forth in Subsection (c)(3)a of this section.
[Code 1993, § 7.16]
(a)
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 Police Department within 10 days of the issuance of the
citation, in lieu of a court appearance. The issuing officer shall
specify on the citation the amount of the applicable forfeiture, as
provided by this chapter. The forfeiture for a violation of all nonmoving
traffic violations under this chapter shall double if the applicable
minimum forfeiture is not paid to the Village Police Department within
10 days of the issuance of the citation as set forth in this subsection.
(b)
Petition to reopen judgment. Whenever a person has been convicted
in the state on the basis of a forfeiture of deposit or a plea of
guilty or no contest and the person was not informed as required under
Wis. Stats. § 345.27(1) and (2), the person may, within
60 days after being notified of the 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 that the petitioner was not
informed as required under Wis. Stats. § 345.27(1) and (2),
the court shall order the judgment reopened. The court order reopening
the judgment automatically reinstates the suspended operating privileges.
(c)
Deposits.
(1)
Any person arrested for a violation of this chapter may make a deposit
of money, as directed by the arresting officer, at the Police Department.
Deposits may be brought or mailed to the office of the Police Department,
as directed by the arresting officer. The arresting officer shall
notify the arrested person, orally or in writing, that:
a.
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 Wis. Stats. § 757.05, a jail assessment, if required
by Wis. Stats. § 302.46(1), a truck driver education assessment,
if required by Wis. Stats. § 349.04, a railroad crossing
improvement assessment, if required by Wis. Stats. § 346.177,
346.495 or 346.65(4r), and a crime laboratories and drug law enforcement
assessment, if required by Wis. Stats. § 165.755, plus any
applicable fees prescribed in Wis. Stats. Ch. 814, not to exceed the
amount of the deposit that the court may accept as provided in Wis.
Stats. § 345.37; and
b.
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.
(2)
The amount of the deposit shall be determined in accordance with
the state revised uniform state traffic deposit schedule established
by the state judicial conference, and shall include court costs, including
any applicable fees prescribed in Wis. Stats. Ch. 814, any applicable
penalty assessment, any applicable jail assessment, any applicable
truck driver education assessment, any applicable railroad crossing
improvement assessment and any applicable crime laboratories and drug
law enforcement assessment. 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 assessments. Deposits for nonmoving violations shall not
include the penalty assessment.
(3)
The arresting officer or the person receiving the deposit shall issue
the arrested person a receipt as required by Wis. Stats. § 345.26(3)(b).
(d)
Notice of demerit points. Every officer accepting a stipulation under
the provisions of this chapter shall comply with the provisions of
Wis. Stats. §§ 343.28 and 345.26(1)(a), and shall require
the alleged violator to sign a statement of notice insubstantially
the form contained on the traffic citation promulgated under Wis.
Stats. § 345.11.
(e)
Forfeitures in treasury. Any officer accepting deposits or forfeited
penalties under this chapter shall deliver amounts to the Clerk-Treasurer
within seven days after receipt thereof.
[Ord. No. 5-2008, § 1, 6-9-2008]
(a)
NEIGHBORHOOD ELECTRIC VEHICLE (NEV)
(1)
(2)
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
Definitions.
A self-propelled electrically-powered 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 of "low-speed vehicles" under CFR
571.3(b) and 571.500. Electric golf carts are not included in the
foregoing definition.
A neighborhood electric vehicle shall be four-wheeled and have
a speed range of at least 20 miles per hour and not more than 25 miles
per hour on a paved surface and have a gross vehicle weight of less
than 3,000 pounds. Neighborhood electric vehicles shall have all of
the following specifications:
Headlamps;
Front and rear turn signals;
Stop lamps;
Horn which meets the requirements listed under Wisconsin Statutes
(Trans 305.25);
Reflex reflectors; one red on each side as far to the rear as
practicable and one red to the rear;
An exterior mirror mounted on the driver's side and either an
exterior mirror on the passenger side or an interior rearview mirror;
Parking brake;
A windshield that conforms to the requirements of the federal
motor vehicle safety standards on glazing materials (49 CFR 571.205);
Every windshield on a neighborhood electric vehicle shall be
equipped with a device for cleaning rain, snow or other moisture from
the windshield (CFR 571.104);
A vehicle identification number (VIN) that complies with federal
law as provided in 949 CFR 565;
A type 1 or type 2 seat belt assembly conforming to 49 CFR 571.209
and federal motor vehicle standard no. 209 for each designated seating
position; and
Meets the general test conditions under 49 CFR 571.50056.
(b)
Use permitted on Village streets only.
(1)
A licensed individual may operate a neighborhood electric vehicle
on those Village streets having a posted limit of 35 miles per hour
or less, and headlamps must be on during operation.
(2)
A neighborhood electric vehicle may not be used on state or county
highways except to cross over these highways while traveling on Village
streets as stated above. A neighborhood electric vehicle may not cross
over any state or county highway that has a posted speed limit greater
than 35 miles per hour.
(c)
License. Neighborhood electric vehicles shall be registered, titled
and licensed by the State of Wisconsin.
(d)
Permitted users. Any person who operates a neighborhood electric vehicle on any Village street must hold a valid State of Wisconsin operator's license. The operation of a neighborhood electric vehicle must in all respects comply with Chapter 78 of the Mt. Pleasant Village [Code of] Ordinances.
(e)
Violations; penalties. Any person convicted of violating any of the
provisions of this chapter shall forfeit an amount as provided below:
(1)
Operating a neighborhood electric vehicle on a state or county highway
shall result in a forfeiture of $30 plus costs and penalty assessments.
(2)
Operating a neighborhood electric vehicle on a Village street with
a speed limit of 40 — 45 mph result in a forfeiture of $30 plus
costs and penalty assessments.
(3)
Operating a neighborhood electric vehicle on any state highway, county
highway or Village street with a speed limit of 50 mph or greater
shall result in a forfeiture of $50 plus costs and penalty assessments.
[Amended 10-27-2014 by Ord. No. 14-2014]
It shall be unlawful for any vehicle equipped with compression brakes (jake brakes) to downshift and release the clutch to utilize the vehicle's engine to slow in order to meet proper speed restrictions within the Village, except in case of extreme emergency. Any person violating the provisions of this section shall be subject to a forfeiture as provided in § 1-15.
