Except as otherwise specifically provided in this chapter, the
statutory provisions in Chs. 340 to 348 and 350, Wis. Stats., and
TRANS 305, Wis. Adm. Code, describing and defining regulations with
respect to vehicles, exclusive of those provisions 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 regulation
in Chs. 340 to 348 and 350 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, streets and alleys of Wisconsin.
[Amended 10-5-1993; at
time of adoption of Code (see Ch. 25, General Provisions, Art. II)]
Obstruction of fire hydrants prohibited. No person shall permit
an obstruction of any kind, temporary or permanent, within a distance
of 10 feet on either side of the center line of any hydrant, or at
any point between those distances and the center line of any public
right-of-way.
When any vehicle is found upon a street or highway in the Town
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 section
and any other portion of this chapter and shall be subject to the
applicable forfeiture penalties, provided the defenses defined and
prescribed in § 346.485(5)(b), Wis. Stats., shall be a defense
for an owner charged with such violation.
[Added 2-4-1997; amended 12-7-2021 by Ord. No. 2021-004]
(1) Definitions pertaining to bicycles. As used in this section, the
following terms shall have the meanings indicated:
BICYCLE
Every device propelled by the feet acting upon pedals and
having wheels any two of which are not less than 14 inches in diameter.
BICYCLE LANE
That portion of a roadway set aside by the governing body
of the Town or county for the exclusive use of bicycles or other modes
of travel where permitted under Wisconsin Statutes § 349.23(2)(a)
and so designated by appropriate signs and markings.
BICYCLE ROUTE
Any bicycle lane, bicycle way by highway which has been duly
designated by the governing body of the Town or county and which is
identified by appropriate signs and markings.
BICYCLE WAY
Any path, sidewalk, or portion thereof designated for the
use of bicycles by the governing body of the Town or County.
(2) Riding regulations.
(a) Care and control of bicycle. Any person to ride or propel a bicycle
upon any street, bicycle lane, route or way, in the Town of Brookfield,
shall exercise due care. No person operating a bicycle shall carry
any package, bundle or article which prevents the operator from keeping
at least one hand upon the handlebars.
(b) Multiple riders restricted. It is unlawful for any person who propels or operates a bicycle upon any street, bicycle lane, route or way in the Town of Brookfield to carry or permit to be carried any other person upon such bicycle, except a bicycle built for the operation of two or more passengers and having sets of pedals or as outlined in §
7.10(2)(c) of this chapter.
(c) Use of child's seat or child carrying trailer. In addition to the
operator, a bicycle otherwise designed to carry only the operator
may be used to carry or transport a child seated in an auxiliary child's
seat or trailer designed for attachment to a bicycle if the seat or
trailer is securely attached to the bicycle according to the directions
of the manufacturer of the seat or trailer.
(d) Attaching to vehicle prohibited. No person riding a bicycle shall
attach themselves or their bicycle to any vehicle upon a highway,
public property, or property held open to the public.
(e) Riding two abreast. Persons riding bicycles upon a roadway shall
ride single file on all roadways that have center lines or lane lines
indicated by painting or other markings. On roadways not divided by
painted or other marked center lines or lane lines, bicycle operators
may ride two abreast.
(f) Observance of traffic laws and rules required. Any person riding
or operating a bicycle upon any street within the limits of the Town
of Brookfield shall observe all traffic rules and regulations, including
§§ 346.77 through 346.82 Wis. Stats.
(3) Equipment regulations.
(a) Required lights and braking devices. It is lawful to operate a bicycle
upon any roadway; bicycle lane, route, or way within the Town subject
to the following equipment regulations:
1. No person may operate a bicycle during hours of darkness unless such
bicycle is equipped with or the operator is wearing a lamp emitting
a white light visible from a distance of at least 500 feet to the
front of such bicycle.
2. Such bicycle shall also be equipped with a red reflector that has
a diameter of at least two inches of surface area on the rear so mounted
and maintained as to be visible from all distances from 50 feet to
500 feet to the rear when directly in front of lawful upper beams
of headlamps on a motor vehicle. A lamp emitting a red light visible
from a distance of 500 feet to the rear may be used in addition to
but not in lieu of the red reflector.
3. No person may operate a bicycle upon any roadway, bicycle lane, route
or way unless it is equipped with a brake in good working condition,
adequate to control the movement of and to stop the bicycle whenever
necessary.
(b) Required seating. It is unlawful for any person to operate a bicycle
upon any roadway, bicycle lane, route, or way, unless such bicycle
has a proper seat attached thereto upon which the operator may sit
or astride.
[Added 12-15-2015]
Pursuant to the authority of Wis. Stats. § 349.21(1),
the following rules for use of flashing warning lights by school bus
operators shall apply in residential and business districts in the
Town of Brookfield, where there are not traffic signals and passengers
must cross the street before or after loading:
(1) The operator of a school bus equipped with only flashing red warning
lights as specified in Wis. Stats. § 347.25(2) shall actuate
the lights at least 100 feet before stopping to load or unload passengers,
and shall not extinguish the lights until loading or unloading is
completed and persons who must cross the street are safely across.
(2) The operator of a school bus equipped with flashing red and amber
warning lights as specified in Wis. Stats. § 347.25(2) shall
do all of the following when stopping to load or unload passengers:
(a) Actuate the flashing amber warning lights at least 300 feet before
stopping in a 45 mile per hour or greater speed zone or at least 100
feet before stopping in a less than 45 mile per hour speed zone.
(b) At the point of loading or unloading, bring the bus to a stop, extinguish
the flashing amber warning lights, and actuate the flashing red warning
lights.
(c) After loading or unloading is completed and persons who must cross
the highway are safely across, extinguish the flashing red warning
lights.
This chapter shall be enforced in accordance with the applicable
provisions of the Wisconsin Statutes and this section.
(1) Applicable court procedures. The traffic regulations in this chapter
shall be enforced in the Municipal Court of the Town in accordance
with the provisions of Chs. 345 and 800, Wis. Stats., and § 66.0114,
Wis. Stats.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(2) Citations.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(a) 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 that describe or define nonmoving traffic violations.
(b) Parking citations. The Chief of Police shall recommend a citation for use in enforcing nonmoving traffic offenses in this chapter. 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 statutes adopted by reference in §
7.01 and all applicable provisions of 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 (3)(b) of this section. Citations for nonmoving traffic violations shall be issued by the Police Department.
(3) Deposits and stipulations.
(a) Moving traffic offenses.
1. Schedule of deposits. The schedule of cash deposits shall be as required
in Subsection (3)(a)5 of this section. In addition, in the cash deposit
will be a current penalty assessment fee, jail assessment, and court
costs, if applicable. If a deposit schedule has not been established
for a specific violation, the arresting officer shall require the
alleged defender to deposit not less than the maximum forfeiture permitted
under this chapter.
2. Depository. Deposits shall be made in cash, money order, credit card,
or certified check to the Clerk of Municipal Court for the Town of
Brookfield who shall issue a receipt therefor as required by Wisconsin
Statutes. If the deposit is mailed, the signed statement required
by Wisconsin Statutes shall be mailed with the deposit.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
3. 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 be released by the arresting officer
in accordance with the applicable provisions of the Wisconsin Statutes.
4. Deliver or mailing of deposit and stipulation. The deposit and stipulation
shall be delivered personally by the person cited or mailed to the
Clerk of Courts.
5. Receipt required. The official or person receiving the deposit shall
comply with § 345.26, Wis. Stats. The amount of such deposit
shall be the amount provided in the Uniform Deposit and Misdemeanor
Bail Schedule for the Wisconsin Judicial Conference including any
variations or increases for subsequent offenses, which schedule is
in effect in the Municipal Court of the Town of Brookfield.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(b) Nonmoving traffic offenses.
1. Direct payment of penalty permitted. Persons cited for violation
of nonmoving traffic offenses described and defined in this chapter
may discharge the penalty and avoid further proceedings by forwarding
within seven days of the issuance of the citation to the Police Department
the minimum penalty specified for the violation. If not so forwarded,
the penalty shall double.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
2. Suspension of vehicle registration. If the alleged violator does
not deliver or mail a deposit as provided in this section within 14
days of the date of the citation, the Chief of Police or designate
may forward a copy of the citation to the Wis. DOT requesting the
suspension of the vehicle registration until such penalty has been
paid.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
3. Deposits returned to Town Clerk. Officers receiving deposits for
nonmoving traffic violations under this subsection shall pay over
such deposits to the Town Clerk within 30 days after receipt. Such
payment shall be accompanied by an itemized statement for each deposit
of the offense charged and the name of the depositor.