[HISTORY: Adopted by the Town Board of the Town of Rome as
Sec. 8.01 of the prior Code. Amendments noted where applicable.]
A.
Statutes adopted. Except as otherwise specifically provided in this chapter, the statutory provisions in Chapters 86 and 340 to 349 of the Wisconsin Statutes and Chapter Trans. 101 through 305 of the Wisconsin Administrative Code, describing and defining regulations with respect to vehicles and traffic, 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 regulation incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the statutory regulations in Chapters 340 to 349 incorporated herein are intended to be made part of this chapter in order to secure to the extent legally practicable uniform statewide regulation of vehicle traffic on the highways of the State of Wisconsin. Any person who shall, within the Town of Rome, violate any provisions of any statute incorporated herein by reference shall be deemed guilty of an offense under this chapter.
B.
Other state laws adopted. There are also hereby adopted by reference
the following sections of the Wisconsin Statutes, but the prosecution
of such offenses under this chapter shall be limited to a forfeiture
as hereinafter provided in this chapter:
[Amended 4-16-2020 by Ord. No. 20-05]
A.
Erection and install uniform traffic control devices. Whenever traffic regulations created by this chapter, including a State of Wisconsin traffic regulation adopted by reference in § 335-1A, require the erection of traffic control devices for enforcement, the Director of Public Works shall procure, erect and maintain uniform traffic control devices conforming to the Uniform Traffic Control Device Manual promulgated by the Wisconsin Department of Transportation, giving notice of such traffic regulation to the users of the highways on which such regulations apply. Whenever state law grants discretion to local authorities in erecting or placement of a uniform traffic control device, devices shall be erected in such locations and in such a manner as, in the judgment of the Director of Public Works or a designee, will carry out the purposes of this chapter and give adequate warning to users of the highways of the Town of Rome.
B.
Prohibited signs and markers in roadways. No person other than an
officer or designee authorized by this chapter to erect and maintain
official traffic control devices shall place within the limits of
any highway maintained by the Town any sign, signal, marker, mark
or monument unless permission is first obtained from the Chief of
Police, the Director of Public Works or, where applicable, the Wisconsin
Department of Transportation (DOT).
C.
Removal of unofficial signs, markers, signals and traffic control
devices. The Chief of Police, Director of Public Works or their designee
may remove any sign, signal, marking or other device, which is placed,
maintained or displayed in violation of this chapter or state law.
Notwithstanding the provisions of § 346.48(2)(b)2.,
Wis. Stats., school bus operators shall use flashing red warning lights
in residential and business districts when pupils or other authorized
passengers are to be loaded or unloaded at locations at which there
are no crosswalk or traffic signals so that pupils must cross the
road before being loaded or after being unloaded.
A.
Except as modified in Subsection B, the speed limits set forth in § 346.57-59 Wis. Stats, shall apply.
B.
Pursuant to § 349.11, Wis. Stats., the speed limits on
certain Town highways shall be modified as set forth in Appendix A.
The Town Board finds that such modifications are reasonable and safe
based on engineering and traffic investigations previously performed.
Signs giving notice of the modified speed limits shall be erected
consistent with § 346.57(6) or 349.11, Wis. Stats. See Appendix
A, which is incorporated herein by reference.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
A.
Designation of location of stop/yield signs. In the interest of public
safety, stop/yield signs shall be installed at locations to control
highways over which the Town has exclusive jurisdiction. See Appendix
B, which is incorporated herein by reference.[1]
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
[Added 7-19-2018 by Ord.
No. 18-08]
Pursuant to § 349.10, Wis. Stats., the following streets
and roadways and parts thereof are declared to be one-way streets
and no person shall operate any vehicle thereon except in the indicated
direction.
A.
Streets.
|
Name of Street
|
Direction of Travel
|
Location
|
|---|---|---|
|
Climbers Pass
|
Easterly
|
From Matterhorn Trail to Geneva Trail
|
|
Snow Pass
|
Westerly
|
From Geneva Trail to Matterhorn Trail
|
A.
Heavy traffic routes.
B.
Class B highways:
(1)
The following Town highways are designated as Class B highways subject
to the weight limitations set forth in § 348.16, Wis. Stats.:
|
Name of Street
|
Location
|
|---|---|
|
7th Drive
|
STR 73 to Akron Drive
|
|
Akron Drive
|
7th Drive to STR 13
|
(2)
The Director of Public Works is authorized to issue permits for exceeding
such weight limitation.
[Amended 4-16-2020 by Ord. No. 20-05]
C.
Heavy traffic prohibited. Pursuant to § 349.17, Wis. Stats., all vehicles operating completely on pneumatic tires and all vehicles or combination of vehicles, other than motor buses, designed or used for transporting property of any nature and having a gross weight of more than 6,000 pounds, shall not be operated on any Town highway not listed in Subsection A of this section. This subsection shall not apply to heavy traffic using a Town highway for the purpose of obtaining orders for supplies or moving or delivering supplies or commodities to or from any place of business or residence which has an entrance on such a Town highway, provided such traffic does not exceed the weight limitations for Class B highways pursuant to § 348.16, Wis. Stats.
D.
Weight limits for 8th Avenue bridge. The bridge on 8th Avenue located
one mile south of County Road D or 1/2 mile north of Apache Avenue
over Fourteen Mile Creek shall have a weight limit of the following:
E.
Special/seasonal weight limitations. The Director of Public Works
shall exercise the authority to set seasonal and special weight limitations
pursuant to § 349.16, Wis. Stats.
[Amended 4-16-2020 by Ord. No. 20-05]
F.
Town highways defined. As used in this section, the term "Town highways"
means all highways within the Town of Rome that are maintained and
controlled by the Town.
G.
Liability. Pursuant to § 86.02, Wis. Stats., any person
who shall injure any Town highway shall be liable in treble damages.
A.
No-parking zones. The following areas are designated as no-parking
zones. Parking in such areas shall be permitted only upon permission
from a member of the Rome Police Department.
B.
Private property. No person may park any vehicle on private property
unless permission has been granted by the owner or occupant of the
property.
C.
Seventy-two-hour limitation. No person, firm or corporation shall
park or leave standing any motor vehicle, recreational vehicle, trailer,
semitrailer, appliance, manufactured home or vehicle of any description
on any Town highway right-of-way, public property or public parking
lot in the Town for a period of 72 or more consecutive hours in the
same location, except that where more restrictive parking limits have
been established, the more restrictive limits shall apply.
D.
Removal of illegally parked vehicles.
(1)
When any law enforcement officer shall find a vehicle standing upon
a road, public property or public parking lot in violation of the
provisions of this subsection, the officer is authorized to move such
a vehicle or to require the operator in charge thereof to move such
vehicle to a position permitted under this subsection. The officer
may cause said vehicle to be removed to a proper impoundment and storage
area where storage space is available and in such case the owner shall
pay the costs of removing said vehicle and the storage fees on said
vehicle before he may recover the possession thereof.
(2)
Effective July 1, 2014, § 349.13(3m), Wis. Stats., shall
also apply to vehicles parked on private property without authorization.
If involved in or contacted regarding the removal process, the Police
Department shall request the collection and payment by the towing
service of the maximum service fee referenced in § 349.13(3m)(dm).
E.
Abandoned vehicles.
(1)
As provided for in § 342.40(1m), Wis. Stats., any vehicle
left unattended for more than 72 hours on any public street or grounds,
or on private property without permission of the owner or lessee,
is deemed abandoned and constitutes a public nuisance.
(2)
Any vehicle found abandoned in violation of this chapter may by impounded
by the Town of Rome Police Department until lawfully claimed or disposed
of pursuant to § 342.40(3)(c), Wis. Stats.
(3)
The minimum period of storage of a vehicle deemed abandoned pursuant
to this section shall be 10 days after notice has been sent by certified
mail to the owner and lien holders of record regarding the right to
reclaim the vehicle.
(4)
Sale of an abandoned vehicle shall be by sealed bid. As an alternative,
the Police Chief in his or her discretion may arrange for the sale
of an abandoned vehicle by auction.
(5)
The purchaser of any vehicle on sealed bid held pursuant to statute
shall have 10 days to remove the vehicle from the storage area upon
payment of storage fee. If not paid within 10 days after the sale,
the purchaser shall forfeit all interests in the vehicle and the vehicle
shall be deemed abandoned and may be sold again.
(6)
Within five days after sale or disposition of a vehicle under this
section, the Clerk shall advise the DOT of such sale or disposition
on a form supplied by the DOT.
F.
Vehicles not to block private drive or fire lane. No vehicle shall,
at any time, be parked so as to unreasonably restrict the normal access
to any private drive or fire lane. Said access shall be deemed to
be unreasonably restricted if any vehicle is parked within four feet
of either side of said access. Upon discovery by a police officer
or upon complaint by the owner of any such blocked drive or fire lane,
the police officer may order said vehicle towed from such position
at the risk and expense of the owner of said vehicle.
G.
Parking vehicle for repair or to display for sale prohibited. No
person shall stand or park a vehicle on any highway, right-of-way
or municipal parking lot in the Town for the purpose of repairing
said vehicle or to display such vehicle for sale.
H.
Posted limitations.
(1)
The Town Board may designate certain highways or portions of highways
as no parking or no stopping or standing zones or as zones for parking
by physically handicapped persons and may limit the hours in which
the restrictions apply. The Town shall mark, by appropriate signs,
each zone so designated in accordance with the provisions of § 349.13,
Wis. Stats.
(2)
The Chief of Police is hereby granted the authority, within the reasonable
exercise of police power, to prohibit, limit the time or otherwise
restrict the stopping, standing or parking of vehicles beyond the
provisions of Chapter 346.
I.
Enforcement.
(1)
Persons cited for violation of nonmoving traffic offenses described
and defined in this section may discharge the penalties thereof and
avoid court prosecution by forwarding, within 10 days of the issuance
of the citation, to the Town of Rome Police Department the penalty
specified in the citation. If not timely paid, the citation shall
provide that the penalty may be discharged by forwarding the amount
indicated on the citation plus an additional late charge as per the
bond schedule within 20 days of issuance.
(2)
If the alleged violator does not deliver or mail a deposit as provided in Subsection I(1), within 20 days from the date of the citation, the Police Department may proceed under § 345.28(3)-(5), Wis. Stats.
(3)
All officers receiving deposits for nonmoving traffic violations
under this subsection shall pay over such deposit to the Town Clerk/Treasurer
within seven days of receipt. Such payment shall be accompanied by
an itemized statement for each deposit of the offense charged and
the name of the depositor.
It shall be unlawful for any person, firm or corporation to
permit any construction, compaction, earth-grading or farm machinery
which is self-propelled and moves upon the surface of the earth and
which is owned or controlled by him to stand for any period of time
unattended without locking the ignition system or otherwise rendering
said machinery inoperable so as to prevent any person unauthorized
by the owner or individual in control thereof from starting said machinery.
A.
Snow emergency declarations. A snow emergency exists in the Town
whenever a snowfall during any period of 24 hours or less reaches
a depth of three inches or more. Such emergency is declared to be
a serious public hazard impairing transportation and public health,
safety, and welfare for a period until such time as snow removal operations
have been completed.
B.
During snow emergencies, parking of vehicles, trailers, snowmobiles,
ATVs, etc. on the pavement or shoulder of any Town road is prohibited
until the Highway Department has plowed the road.
C.
The Director of Public Works shall have the authority to declare
a snow emergency.
[Amended 4-16-2020 by Ord. No. 20-05]
The use of compression brakes, commonly referred to as "Jake
brakes," on any motor, shall be prohibited within the Town of Rome
except in an emergency situation. Signs that read "No engine braking
except in emergency" and comply with WIS DOT R10-64 shall be erected
near the northern and southern limits of the Town along State Highway
13.
For the purpose of this chapter, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
If not defined herein, the word, term or phrase shall have the definition
commonly accepted, including a relevant definition contained in the
Wisconsin Statutes. When not inconsistent with the context, the words
used in the present tense include the future, words in the plural
number include the singular number and words in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory:
A street having but one end open to traffic and the other
end being terminated in a vehicular turnaround.
Any person occupying or having use of a building, structure,
premises of any part thereof.
Any person who has charge, care or control of a building,
structure or premises or part thereof.
Any public or private land area where motor vehicles are
parked or stored temporarily, but not including the wrecking of automobile
or other vehicles or storage for the purpose of repair or wrecking.
Includes a corporation, firm partnership, association, organization
and any other group acting as a unit as well as individuals, including
a personal representative, receiver or other representative appointed
according to law. Whenever the term "person" is used in any section
of this chapter prescribing a penalty or fine, as to partnerships
or associations, the work shall include the partners or members thereof,
and as to corporations, shall include the officers, agents or members
thereof who are responsible for any violation of such section.
A thing, act, occupation, condition or use of property, which
shall continue for such length of time as to substantially annoy,
injure or endanger the comfort, health, repose or safety of the public;
in any way render the public insecure in life or in the use of property;
greatly offend the public morals or decency; unlawfully and substantially
interfere with, obstruct or tend to obstruct or render dangerous for
passage any street, alley, highway, navigable body of water or other
public way or the use of public property.
Any medium, including its structure, words, letters, figures,
numerals, phrases, sentences, emblems, devices, designs, trade names
or trademarks by which anything is made known and which are used to
advertise or promote an individual, firm, association, corporation,
profession, business, commodity or product and which is visible from
any public street or highway.
Any public highway or alley and shall mean the entire width
between the boundary lines of any public way where any part thereof
is open to the public for purposes of vehicular traffic.
The Town of Rome, Adams County, Wisconsin, or any duly appointed
designate thereof, including, but not limited to, the Town Board and
Town committees.
The present governing body of the Town or any successors
to the legislative power of said body, or any duly appointed designate
thereof.
A motor vehicle, trailer, semitrailer or mobile home, whether
or not such vehicle is registered under Wisconsin Law.
