[HISTORY: Adopted by the Board of Trustees of the Village
of Wild Rose. Amendments noted where applicable.]
[Amended 6-2-2021 by Ord. No. 2021-03]
A.
Statutes adopted. Except as otherwise specifically provided in this
Code, the statutory provisions in Chapters 340 to 348 of the Wisconsin
Statutes, describing and defining regulations with respect to vehicles
and traffic, exclusive of any regulations 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 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 348, Wis. Stats., incorporated herein are intended
to be made part of this chapter in order to secure, to the extent
legally practicable, uniform statewide regulations of vehicle traffic
on the highways, streets and alleys of the State of Wisconsin.
B.
Statutes
specifically not adopted. The statutory provisions in §§ 346.63,
346.637, 346.64, and 346.65 of the Wisconsin Statutes are expressly
not adopted. This provision is for the purpose of allowing state enforcement
of these provisions and should not be read to prohibit municipal law
enforcement from citing drivers for these offenses.
C.
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 as provided in Chapter
340 through 348 of the Wisconsin Statutes, and the penalty for violation
thereof shall be limited to a forfeiture as hereinafter provided in
this chapter:
D.
Statutes specifically incorporated by reference. Whenever this chapter
incorporates by reference specific sections of the Wisconsin Statutes,
such references shall mean the most current edition of the Wisconsin
Statutes as from time to time amended, repealed or modified by the
Wisconsin Legislature.
E.
General references. General references in this chapter to Wisconsin
statutory sections or chapters describing or defining procedures or
authority for enactment or enforcement of local traffic regulations
shall be deemed to refer to the most recent enactments of the Wisconsin
Legislature describing or defining such procedures or authorities.
A.
Duty of Chief of Police to erect and install uniform traffic control devices. Whenever traffic regulations created by this chapter, including a State of Wisconsin traffic regulation adopted by reference in § 8-1-1, require the erection of traffic control devices for enforcement, the Chief of Police, or his/her designee, 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 streets and highways on which such regulations apply. Whenever state law grants discretion to local authorities in erecting or placement of a uniform traffic control device, said device shall be erected in such locations and in such a manner as, in the judgment of the Chief of Police, or his/her designee, will carry out the purposes of this chapter and give adequate warning to users of the streets and highway of the Village.
B.
Code numbers to be affixed to official traffic control devices. The Chief of Police, or his/her designee, shall cause to be placed on each official traffic control sign, guideboard, milepost, signal or marker erected under Subsection A a code number assigned by the Wisconsin Department of Transportation and shall also place or direct the placing of code numbers on all existing official traffic control devices as required by the laws of the State of Wisconsin.
C.
Prohibited signs and markers in highways. No person, other than an officer, or his/her designee, is authorized by this chapter to erect and maintain official traffic control devices, nor place within the limits of any street or highway maintained by the Village, or to erect any sign, signal, marker, mark or monument, unless permission is first obtained from the Village Board or, where applicable, the Department of Transportation. Any sign, signal, marker, mark, or monument placed or maintained in violation of this subsection shall be subject to removal as provided in Subsection D.
[Amended at time of adoption of Code (see Ch. 1-2, Adoption
of Code)]
D.
Removal of unofficial signs, markers, signals and traffic control
devices. The Chief of Police, or his/her designee, may remove any
sign, signal, marker or other device which is placed, maintained or
displayed in violation of this chapter or state law. Any charge imposed
against premises for removal of a prohibited or illegal sign, signal,
marker or device shall be reported by the Chief of Police, or his/her
designee, to the Village Board for review and certification at its
next regular meeting following the imposition of the charge. Any charge
not paid on or before the next succeeding November 15 shall be placed
upon the tax roll for collection as other special municipal taxes.
A.
Every operator of a vehicle approaching an intersection at which an official traffic control device is erected in accordance with this chapter shall obey the direction of such official traffic control device as required by the Wisconsin Statutes incorporated by reference in § 8-1-1 of this chapter. Operators of vehicles approaching a stop sign shall stop before entering a highway as required by § 346.46, Wis. Stats. Operators approaching intersections at which a yield sign has been installed shall yield the right-of-way to other vehicles as required by § 346.18(6), Wis. Stats.
B.
The following speed limits are established:
(1)
Thirty-five miles per hour on Highway G and H from the intersection
of G and H with Mt. Morris Avenue westward to Highway 22.
(2)
Thirty-five miles per hour on Highway A east from the intersection
of Highway A and Summit Street to Highway 22.
(3)
Thirty-five miles per hour on Highway A from the west Village limits
eastward 600 feet; 25 miles per hour through the Village to intersection
of Highway A and Highway 22 at the northernmost limits of the Village.
(4)
Thirty-five miles per hour on Highway AA from the westernmost Village
limits, 626 feet east; 25 miles per hour through the Village.
A.
No person shall park any semi tractor-trailer combination, attached,
or trailer by itself, for a period of time longer than one hour in
the Village, except when in the process of loading or unloading, or
in a truck-parking zone designated by the Village Board. Semi tractors
may be parked at private residences, but trailers are forbidden from
being parked anywhere except in an area designated by the Village
Board.
B.
Trucks transporting toxic or hazardous wastes through the Village
are restricted to State Road 22.
The Village Board shall have the authority to impose special
or seasonal weight limits to prevent the damage to the roadway of
any highway, bridge or culvert within the jurisdiction of the Village
or for the safety of users thereof, and shall be responsible for erecting
signs giving notice thereof, in accordance with § 349.16,
Wis. Stats.
A.
Seasonal parking. Except for those persons holding valid temporary
emergency parking permits, no operator of any vehicle shall park any
vehicle on any public street in the Village of Wild Rose between the
hours of 1:00 a.m. and 5:00 a.m. from and including November 1 to
April 15 of each year.
B.
Penalty. Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, forfeit an amount determined in § 1-1-8 of the Code of Ordinances, together with court costs, assessments, and surcharges and, in default of payment of the forfeiture and costs, shall be imprisoned in the Waushara County jail until said forfeiture and costs are paid, but not exceeding 90 days.
C.
Removal of illegally parked vehicles. Any vehicle parked or left
standing upon a highway or street of the Village in violation of the
provisions of this section is declared to be a hazard to traffic and
public safety. Upon the request of any police officer, Illegally parked
vehicles shall be removed by the operator to a location where parking,
stopping or standing is not prohibited. Any police officer, after
issuing a citation for illegal parking, stopping, or standing of an
unattended vehicle in violation of this section, is authorized to
remove such vehicle to a position where parking is not prohibited.
The officer may order a motor carrier holding a permit to perform
vehicle towing services, a licensed motor vehicle salvage dealer,
or a licensed motor vehicle dealer who performs vehicle towing services
to remove and store such vehicle in any storage garage, rental parking
grounds, or any facility of the person providing the towing services.
In addition to other penalties provided by this Code, the owner or
operator of a vehicle so removed shall pay the cost of towing and
storage.
A.
Parking prohibited. No person shall stop, park or leave standing
any vehicle, whether attended or unattended, in any of the following
places:
(1)
Within an intersection.
(2)
On a crosswalk.
(3)
On a sidewalk or sidewalk area, except when parking in such place
is clearly indicated by official traffic signs, markers, or parking
meters.
(4)
Alongside or opposite any highway excavation or obstruction when
such stopping or standing would obstruct traffic, or when pedestrian
traffic would be required to travel in the roadway.
(5)
On the roadway side of any parked vehicle unless double parking is
clearly indicted by official traffic signs or markers.
(6)
Within 20 feet of the driveway entrance to a fire station.
(7)
Upon any portion of a highway where stopping or standing is prohibited
by official traffic signs indicating the prohibition of any stopping
or standing.
(8)
In any place or manner so as to obstruct or hinder traffic.
(9)
Within 10 feet of a fire hydrant, unless a greater distance is indicated
by an official traffic sign.
(10)
Upon any portion of a highway where parking is prohibited, limited,
or restricted by official traffic signs.
(11)
Upon any bridge.
B.
Angle parking. Angle parking or parking diagonally is prohibited
on all the streets, alleys and highways of the Village, except where
vehicle parking markers indicate that angle parking is permissible.
No person shall park or leave standing any motor vehicle in
any private driveway without the permission of the owner or lessee
of the property upon which such driveway is located, whether or not
such driveway is posted to limit or restrict parking.
When official traffic signs indicating such restriction have been erected in accordance with § 8-1-2 of this chapter, no person shall park, stop or leave standing any vehicle upon any portion of a street, highway or public or private parking facility reserved for vehicles displaying special registration plates or identification cards or emblems issued by the Wisconsin Department of Transportation, or for vehicles registered in another jurisdiction, by such other jurisdiction designating the vehicle as one used by a physically disabled person.
No person other than the owner or operator thereof shall remove
a Village parking ticket from a motor vehicle.
When any vehicle is found upon a street or highway in violation of any provision of this chapter, regulating the stopping, standing or parking of vehicles, and the identity of the operator cannot be determined, the owner, as shown by the ownership registration of the vehicle, supplied by the Wisconsin Department of Transportation or a comparable authority of any other state, shall be deemed to have committed the violation for purposes of enforcement of this chapter and, specifically, § 8-1-1 and shall be subject to the applicable forfeiture penalty. The defenses defined and described in § 346.485(5)(b), Wis. Stats., shall be a defense for an owner charged with such violation.
Unless an accident report is prepared by a law enforcement agency,
the operator of every vehicle involved in an accident shall, within
10 days after such accident, file with the Village Police Department
a copy of the report in accordance with § 346.70(2), Wis.
Stats. 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 the duty to give notice and make the report per
§ 346.70(3), Wis. Stats., and within the provisions and
limitations of § 346.70(4)(f) and § 346.73, Wis.
Stats.
A.
Notwithstanding the provisions of § 346.48(2)(b)2, Wis. Stats., adopted by reference in § 8-1-1 to the contrary, 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 crosswalks or traffic signals. This section is applicable in areas where pupils must cross the street or highway before being loaded or unloaded.
B.
The use of flashing red warning lights is prohibited when pupils
or other authorized passengers are loaded or unloaded directly onto
or from a school grounds, or that portion of the right-of-way between
the roadway and a school grounds in a zone designated by "school"
warning signs as provided in § 118.08(1), Wis. Stats., in
which a street or highway borders the grounds of a school.
A.
Unlicensed operators prohibited. No person shall operate a vehicle
in any public or private parking lot or ramp who does not hold a valid
operator's license. A "private parking lot or ramp" is any parking
lot held out for the use of parking for the general public.
No driver of any vehicle, including motorcycles, all-terrain
vehicles, and bicycles, shall cause, by excessive and unnecessary
acceleration, the tires of such vehicle or cycle to spin and emit
loud noises or to unnecessarily throw stones or grave; nor shall such
driver cause to be made be excessive and unnecessary acceleration
any loud noise as would disturb the public peace.
A.
Hazard to public safety. Any vehicle parked, stopped or standing
upon a highway in violation of any of the provisions of this chapter
is declared to be a hazard to traffic and public safety.
B.
Removal by operator. Such vehicle shall be removed by the operator
in charge, upon request of any traffic officer, to a position where
parking is permitted or to a private or public parking or storage
premise.
C.
Removal by traffic officer. Any traffic officer, after issuing a
citation for illegal parking, stopping or standing of an unattended
vehicle in violation of this chapter, is authorized to remove such
vehicle to a position where parking is permitted.
D.
Removal by private service. The officer may order a motor carrier
holding a permit to perform vehicle towing services, a licensed motor
vehicle salvage dealer or a licensed motor vehicle dealer who performs
vehicle towing services to remove and store such vehicle in any public
storage garage or rental parking grounds or any facility of the person
providing the towing services.
E.
Towing and storage charges. In addition to other penalties provided
in this chapter, the owner or operator of a vehicle so removed shall
pay reasonable cost of moving, towing and storage. If the vehicle
is towed or stored by a private motor carrier, motor vehicle salvage
dealer or licensed motor vehicle dealer, actual charges regularly
paid for such services shall be paid. If the vehicle is stored in
a public storage garage or rental facility, customary charges for
such storage shall be paid. Upon payment, a receipt shall be issued
to the owner of the vehicle for the towing or storage charge.
A.
Storage prohibited. No person owning or having custody of any partially dismantled, nonoperable, wrecked, junked or discarded motor vehicle shall allow such vehicle to remain on any public highway, parking lot or ramp longer than 72 hours after notification thereof by the Police Department. Notification shall be accomplished by placing in a conspicuous place on the vehicle and by mailing or serving upon the owner or occupant in charge of the premises a written notice setting forth briefly the applicable provisions of this section and the date of the notice. Any vehicle so tagged which is not removed within 24 hours after notice is declared to be a public nuisance and may be removed as provided in § 8-1-16.
B.
Exemptions. This section shall not apply to a motor vehicle in an
appropriate storage place or depository maintained in a lawful place
and manner authorized by the Village Board.
No person shall permit any motor vehicle in his/her custody
to stand or remain unattended on any street, alley or other public
area, except an attended parking area, unless either the starting
lever, throttle, steering apparatus, gearshift or ignition of the
vehicle is locked and the key for such lock is removed from the vehicle.
A.
Administrative regulations adopted. The following Wisconsin Administrative
Code rules and regulations adopted by the Secretary of the Wisconsin
Department of Transportation, and published in the Wisconsin Administrative
Code, exclusive of any provisions therein relating to the penalties
to be imposed, are hereby adopted by reference and made part of this
chapter as if fully set forth herein:
(1)
Trans 146: Vehicle Registration and Fuel Trip Permits (penalties
of § 341.04, Wis. Stats. apply).
(2)
(Reserved)
(3)
Trans 305: Standards for Vehicle Equipment.
(4)
Trans 326: Motor Carrier Safety Requirements for Transportation of
Hazardous Materials.
(5)
Trans 300: Transportation of School Children.
(6)
(Reserved)
(7)
Trans 304: Slow Moving Vehicle Emblem.
B.
Noncompliance prohibited. No person shall operate, or allow to be operated, on any highway, street or alley within the Village of Wild Rose a vehicle that is not in conformity with the requirements of Subsection A, or with the provisions of § 110.075 and Chapter 347, Wis. Stats., incorporated by reference in § 8-1-1 of this chapter.
C.
Owner's liability. Any owner of a vehicle not equipped as required
by this section, who knowingly causes or permits such vehicle to be
operated on a highway in violation of this section, is guilty of the
violation the same as if he/she had operated the vehicle. The provisions
of § 347.04, Wis. Stats., relating to nonapplicability of
demerit points, shall apply to owners convicted of violation of this
section.
D.
Safety checks.
(1)
Operators to submit to inspection. When directed to do so by any
law enforcement officer, the operator of any motor vehicle shall stop
and submit such vehicle to an inspection and such tests as are necessary
to determine whether the vehicle meets the requirements of this section
or that the vehicle's equipment is in proper adjustment or repair.
No person, when operating a motor vehicle, shall fail to stop and
submit such vehicle to inspection when directed to do so by any law
enforcement officer as herein provided.
(2)
Authority of officer. Any law enforcement officer of the Village
is hereby empowered, whenever he/she shall have reason to believe
that any provision of this section is being violated, to order the
operator of the vehicle to stop and to submit such vehicle to an inspection
with respect to brakes, lights, turn signals, steering, horns, warning
devices, glass, mirrors, exhaust systems, windshield wipers, tires
and other items of equipment.
(3)
Vehicle to be removed from highway. Whenever, after inspection as
provided by this section, a law enforcement officer determines that
a vehicle is unsafe for operation, he/she may order it removed from
the highway and not operated, except for purposes of removal and repair,
until the vehicle has been repaired as directed in a repair order.
Repair orders may be in the form prescribed by the Secretary of the
Department of Transportation under § 110.075(5), Wis. Stats.,
and shall require the vehicle owner or operator to cause the repairs
to be made, and return evidence of compliance with the repair order,
to the department of the issuing officer within the time specified
in the order.
A.
Forfeiture penalty. The penalty for violation of any provision of
this chapter shall be a forfeiture as hereafter provided, together
with court costs and fees prescribed by § 814.63(1) and
(2) or § 814.65(1), Wis. Stats., the penalty assessment
for moving traffic violations, and the driver improvement surcharge
imposed by § 757.05 and § 346.655, Wis. Stats.,
where applicable. The sentencing court may suspend payment of the
forfeiture, court costs, assessments, and surcharges for not more
than 60 days. Any person 18 years of age or older who shall fail to
pay the amount of the forfeiture, court costs, any penalty assessment,
driver surcharge or other penalties imposed for violation of any provision
of this chapter may, upon order of the court entering judgment therefor,
and having jurisdiction of the case, be imprisoned until such forfeiture,
costs, assessments, and surcharges are paid, but not exceeding 90
days.
B.
Other sanctions.
(1)
By court. Nothing herein shall preclude or affect the power of the
sentencing court to exercise additional authorities granted by the
Wisconsin Statutes to suspend or revoke the operating privileges of
the defendant, order the defendant to submit to assessment and rehabilitation
programs, or to attend traffic safety school in addition to payment
of a monetary penalty, in lieu of imprisonment.
(2)
By municipality. No person who has been convicted of a violation
of any provision of this chapter shall be issued a license or permit
by the Clerk-Treasurer, except a dog license, until the forfeiture
imposed for such violation, court costs, assessments, and surcharges
are paid.
C.
Forfeitures for violation of moving traffic regulations. Forfeitures for violations of any moving traffic regulation set forth in the Wisconsin Statutes adopted by reference in § 8-1-1 shall conform to the forfeiture penalties permitted to be imposed for violations of the comparable Wisconsin Statute, including any variations or increases for subsequent offenses; provided, however, that this subsection shall not be construed to permit prosecution under this chapter for any offense described in Chapters 341 to 348, Wisconsin Statutes, for which an imprisonment penalty or fine may be imposed upon the defendant.
D.
Forfeitures for parking violations.
(1)
Forfeitures for uniform statewide parking, stopping and standing offenses. Minimum and maximum forfeitures for violation of nonmoving traffic violations adopted by reference in § 8-1-1, as described in Chapters 341 to 348, Wis. Stats., shall be as provided for comparable state nonmoving traffic violations.
E.
Other violations. Any person who shall violate any provision of this
chapter for which a penalty is not otherwise established by this section
shall be subject to a forfeiture of not less than $25, nor more than
$200.
A.
Enforcement procedures. This chapter shall be enforced in accordance
with the applicable provisions of the Wisconsin Statutes and this
section.
B.
Citations.
(1)
Uniform citation and complaint. The Wisconsin Uniform Traffic Citation
and Complaint, described and defined in the Wisconsin Statutes, shall
be used for enforcement of all provisions of this chapter, except
those provisions which describe or define nonmoving traffic violations
and violations of § 346.71 through § 346.73, Wis.
Stats. Violations of § 346.71 through § 346.73,
Wis. Stats., shall be reported to the District Attorney, and the Wisconsin
Uniform Traffic Citation shall not be used in such cases, except upon
written request of the District Attorney.
(2)
Parking citations. The Chief of Police shall recommend a citation for use in enforcing the nonmoving traffic offenses in this chapter. When approved, such citation shall be used for enforcement of nonmoving traffic regulations created or adopted by this chapter, including violations of nonmoving traffic regulations defined and described in the Wisconsin Statutes, and adopted by reference in § 8-1-1, and all provisions regarding nonmoving traffic violations in this chapter. The citation for nonmoving traffic violations shall contain a notice that the person cited may discharge the forfeiture for violation of a nonmoving traffic regulation and penalty thereof by complying with Subsection C2 of this section. Nonmoving traffic citations may be issued by law enforcement officers, or by civilian employees of the Police Department.
C.
Deposits and stipulations.
(1)
Moving traffic offenses.
(a)
Who may make. Persons arrested or cited for violation of moving
traffic offenses created by this chapter shall be permitted to make
deposits and stipulations of no contest, or released by the arresting
officer in accordance with the applicable provisions of the Wisconsin
Statutes. Stipulations of guilty or no contest may be made by persons
arrested for violations of this chapter in accordance with § 66.0114(1)(b)
of the Wis. Stats., whenever the provisions of § 345.27,
Wis. Stats. are inapplicable to such violations. Stipulations shall
conform to the form contained on the uniform traffic citation and
complaint under § 345.11, Wis. Stats., and may be accepted
within five days of the date of the alleged violation by the Village
of Wild Rose Police Department, Municipal Court Clerk, and/or the
Waushara County Clerk of Circuit Court.
(b)
Delivery or mailing of deposit and stipulation. Any person stipulating
guilty or no contest under the preceding subsection must make the
deposit required under § 345.26, Wis. Stats., or, if the
deposit is not established under such statute, shall deposit a forfeited
penalty as provided in the schedule established by the Municipal Court
Judge and approved by the Village Board. As directed by the arresting
officer, deposits may be brought in or mailed within five days of
the issuance of the citation, in lieu of court appearance, to the
office of the Municipal Court Clerk or the Waushara County Clerk of
Circuit Court.
(c)
Receipt required. Every officer accepting a stipulation under
the provisions of this chapter 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. The official or person receiving the deposit shall furnish
and deliver, or mail an original receipt for such deposit to the alleged
violator, and shall deliver receipt within seven days to the Municipal
Court Clerk and/or the Waushara County Clerk of Circuit Court.
[Amended at time of adoption of Code (see Ch. 1-2, Adoption
of Code)]
(2)
Nonmoving traffic offenses.
(a)
Direct payment of penalty permitted. Persons cited (summons
not issued) for violation of nonmoving traffic offenses described
and defined in this chapter may discharge the penalty thereof and
avoid court prosecution by mailing or forwarding, within five days
of the issuance of the citation, to the Municipal Court Clerk the
minimum penalty specified for the violation. If not so forwarded,
the penalty may be discharged by forwarding, within 15 days of the
date of the citation, to the above-named office the amount of $15.
When payment is made as provided in this subsection, no court costs
shall be charged.
(b)
Court prosecution. If the alleged violator does not deliver or mail a deposit as provided in Subsection C(2)(a) within 15 days of the date of the citation, the Chief of Police shall forward a copy of the citation to the Municipal Court, and the Village Attorney.
(c)
Registration suspension. If the alleged violator does not pay
the forfeiture, or appear in court in response to the citation for
a nonmoving traffic violation on the date specified in the citation,
or if no date is specified on the citation, within 28 days after the
citation is issued, the Village may ask the Wisconsin Department of
Transportation to suspend the registration of the vehicle involved,
or refuse registration of any vehicle owned by the person pursuant
to the provisions of § 345.28(4), Wis. Stats., which is
hereby adopted by reference.
(d)
Deposits returned to Clerk-Treasurer. Officers receiving deposits
for nonmoving traffic violations under this subsection shall, upon
receipt, pay over such deposits to the Municipal Court Clerk, who,
in turn, shall forward said deposits to the Village Clerk-Treasurer
within seven days of receipt. Such payment shall be accompanied by
an itemized statement for each deposit and shall include the offense
charged and the name of the depositor.
(e)
Bond. Any officer accepting deposits or forfeited penalties
under this chapter shall deliver them immediately to the Municipal
Court Clerk, who shall forward them to the Village Clerk-Treasurer,
who, in turn, shall deliver them to the Waushara County Clerk of Circuit
Court within 20 days after original receipt. Any officer authorized
to accept deposits under § 345.26, Wis. Stats., or this
section shall qualify by taking the oath prescribed by § 19.01,
Wis. Stats.
