[HISTORY: Adopted by the Village Board of the Village of
Barneveld as Ch. 7 of the 1993 Code. Amendments noted where applicable.]
Except as otherwise specifically provided in this chapter, the
statutory provision in Chs. 340 to 348, Wis. Stats., describing and
defining regulations with respect to vehicles and traffic, and Ch.
350, Wis. Stats., with respect to snowmobiles, inclusive of any provisions
therein relating to penalties to be imposed and exclusive of any regulations
for which the statutory penalty is a fine or term of imprisonment,
are 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 statute incorporated herein by reference is required or prohibited
by this chapter. Any future amendments, revisions or modifications
of the statutes incorporated herein are intended to be made part of
this chapter in order to secure uniform statewide regulation of traffic
on the highways, streets and alleys of the state.
A.
Who may erect. The Village Board by its agent is hereby authorized
and directed to procure, erect and maintain appropriate standard traffic
signs, signals and markings conforming to the rules of the State Traffic
Control Devices Manual giving such notice of the provisions of this
chapter as required by state 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
street or highway.
B.
Removal of unofficial signs and signals. The Village Board shall
have the authority granted by § 349.09, Wis. Stats., and
is here by directed to order the removal of a sign, signal, marking
or device placed, maintained or displayed in violation of this chapter
or § 346.41, Wis. Stats. Any charge imposed on a 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.
Parking prohibited, parking time limits, loading zones, yield
signs, stop signs, through streets, four-way arterial, signal intersections,
one-way streets, special speed limits, crossings and crosswalks, turning
restrictions and miscellaneous limitations on parking shall be designated
on the Official Traffic Map for the Village, which is maintained in
the offices of the Village Clerk and Police Department. The Village
Board may, from time to time, make additions to or deletions from
the Official Traffic Map.
A.
Vehicle abandonment prohibited. No person shall leave unattended
any motor vehicle, trailer, semitrailer or mobile home on any public
street or highway, or public or private property, for such time and
under such circumstances as to cause the vehicle to reasonably appear
to have been abandoned. When any such vehicle has been left unattended
on any Village street or highway, or on any public or private property
within the Village without the permission of the owner for more than
48 hours the vehicle is deemed abandoned and constitutes a public
nuisance.
B.
Removal and impoundment of abandoned vehicles. Any vehicle in violation of this section shall be impounded until lawfully claimed or disposed of under Subsection C, except if the Police Chief or his representative determines the cost of towing and storage charges for the impoundment would exceed the value of the vehicle, the vehicle may be junked by the Village prior to expiration of the impoundment period upon determination by the Police Chief or his representative that the vehicle is not wanted for evidence or other reason.
C.
Disposal of abandoned vehicles.
(1)
Value more than $100.
(a)
If the Police Chief or his representative determines that the
value of the abandoned vehicle exceeds $100, he shall notify the owner
and lienholder of record by certified mail that the vehicle has been
deemed abandoned and impounded by the Village and may be reclaimed
within 15 days upon payment of accrued towing, storage and notice
charges, and if not so reclaimed, shall be sold.
(b)
If an abandoned vehicle determined to exceed $100 in value is
not reclaimed within the period and under the conditions provided
above, it may be sold by sealed bid at auction or, it no satisfactory
bid is received, at private sale.
(c)
After deducting the expense of impoundment and sale, the balance
of the proceeds, if any, shall be paid into the Village treasury.
(2)
Value less than $100. Any abandoned vehicle which is determined by
the Police Chief or his representative to have a value of less than
$100 may be disposed of by direct sale to a licensed salvage dealer
upon determination that the vehicle is not reported stolen.
D.
Owner responsible for impoundment and sale costs. The owner of any
abandoned vehicle, except a stolen vehicle, is responsible for the
abandonment and all costs of impounding and disposing of the vehicle.
Costs not recovered by the sale of the vehicle may be recovered in
a civil action by the Village against the owner.
E.
Notice of sale or disposition. Within five days after the sale or disposal of a vehicle as provided in Subsection C(1) or (2), the Police Chief or his representative shall advise the State Department of Transportation, Division of Motor Vehicles, of such sale or disposition on a form supplied by the Division. A copy of such form shall also be given to the purchaser of the vehicle and a copy shall be retained by the Village.
A.
No person shall park any vehicle on the streets of the Village between
the hours of 12:00 midnight and 6:00 a.m. during the period commencing
November 15 to and including April 15 of each year, except as follows:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
On even numbered days of the month, commencing at 12:00 midnight,
vehicles may be properly parked during such time and hours on the
even-house-numbered sides of the street.
(2)
On odd numbered days of the month, commencing at 12:00 midnight,
vehicles may be properly parked during such time and hours on the
odd-house-numbered sides of the street.
(3)
And except that the Chief of Police of the Village may declare a
snow emergency when circumstances require and give such further directions
or orders pertaining thereto as are within the authority granted him
by the Village Board.
B.
No person shall park any vehicle on either side of Orbison Street
or on either side of South Jones Street between Orbison Street and
Douglas Street during the months commencing November 15 to and including
April 15 of each year.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
There will be no parking or stopping on the south side of Douglas
Street, between South Jones Street and South Grove Street except for
one handicap space at the easterly end between South Jones Street
and alley.
(1)
There will be three twenty-minute parking between signs on the alley
adjacent to the school, running from Douglas Street to South Jones
Street.
(2)
There will be no parking on the north side of Douglas Street between
South Kenzie Street east to alley; also, no parking from South Kenzie
Street west for 125 feet.
Whenever signs or markers have been posted by the Director of
Public Works indicating restrictions on parking or vehicular travel
on any street or road in the Village for maintenance or repairs to
streets, roads or public utilities, no person shall park or operate
a vehicle in violation of such signs or markers.
[Added 12-7-2009 by Ord.
No. 09-12-02]
Seventy-two-hour limitation. No person, firm or corporation
shall park or leave standing any trailer, camper and/or mobile home
on any public streets or public parking lots in the Village of Barneveld
for a period of 72 or more consecutive hours in the same location
at any time, except that where more restrictive parking limits have
been established, the more restrictive limits shall apply. When any
law enforcement officer or other Village enforcement official shall
find a trailer, camper and/or mobile home standing upon a public street
or parking lot in violation of the provisions of this section, he/she
is authorized to move such a trailer, camper and/or mobile home or
to require the owner thereof to move such a trailer, camper and/or
mobile home to a position permitted under this chapter. The law enforcement
officer or other Village enforcement official may cause said trailer,
camper and/or mobile home 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 trailer, camper and/or
mobile home and the storage fees on said trailer, camper and/or mobile
home before he/she may recover possession thereof.
[Amended 1991]
The penalty for violation of any provision of this chapter shall
be a forfeiture and penalty assessment if required by § 757.05,
Wis. Stats., a jail assessment if required by § 302.46(1),
Wis. Stats., plus any applicable fees prescribed in Ch. 814, Wis.
Stats.
A.
State forfeiture statutes. Any forfeiture for violation of § 262-1 shall conform to the forfeiture permitted to be imposed for violation of the statutes adopted by reference, including any variations or increases for subsequent offenses.
C.
Parking violations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
|
Wis. Stats. Reference
|
Description
|
Forfeiture
| |
|---|---|---|---|
|
Minimum
|
Maximum
| ||
|
§ 346.505
|
Parking in spaces reserved for physically disabled
|
$30
|
$300
|
|
§ 346.51(1)
|
Improper parking on/off roadway
|
$30
|
$300
|
|
§ 346.52(1)
|
Stopping/standing in prohibited areas
|
$20
|
$40
|
|
Second conviction within 1 year
|
$50
|
$100
| |
|
§ 346.52(2)
|
Stopping/standing on highway by grade school
|
$20
|
$40
|
|
Second conviction within 1 year
|
$50
|
$100
| |
|
§ 346.53
|
Parking/standing where prohibited
|
$20
|
$40
|
|
Second conviction within 1 year
|
$50
|
$100
| |
|
§ 346.54
|
Improper parking/standing of vehicle
|
$20
|
$40
|
|
Second conviction within 1 year
|
$50
|
$100
| |
|
§ 346.55(1)
|
Parking on left side of highway
|
$30
|
$300
|
|
§ 346.55(3)
|
Parking on posted private property
|
$20
|
$40
|
|
Second conviction within 1 year
|
$50
|
$100
| |
[Amended 1990]
A.
Enforcement procedure. This chapter shall be enforced according to
§§ 23.33, 66.0114, 345.11 to 345.61 and Ch. 799, Wis.
Stats.
B.
Deposit.
(1)
Any person arrested for a violation of this chapter may make a deposit
of money, as directed by the arresting officer, at the Village Hall
or at the office of the Clerk of Court, or by mailing the deposit
to such places. The arresting officer or the person receiving the
deposit 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 plea of no contest
and submitted to a forfeiture and penalty assessment if required by
§ 757.05, Wis. Stats., a jail assessment if required by
§ 302.46(1), Wis. Stats., plus any applicable fees prescribed
in Ch. 814, Wis. Stats., not to exceed the amount of the deposit that
the court may accept as provided in § 345.37, Wis. Stats.
[Amended 1991]
(b)
If a 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 deposit schedule established by the Wisconsin Judicial Conference
and shall include the penalty assessment under § 757.05,
Wis. Stats., and costs. If a deposit schedule has not been established,
the arresting officer shall require the alleged offender to deposit
the forfeiture established by the Chief of Police, which shall include
the penalty assessment established under § 757.05, Wis.
Stats. 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 therefor as required by § 345.26(3)(b),
Wis. Stats.
C.
Petition to reopen judgment. Whenever a person has been convicted
in this 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
§ 345.27(1) and (2), Wis. Stats., the person may, within
60 days after being notified of the revocation or suspension of the
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 § 345.27(1)
and (2), the court shall order the judgment reopened. The court order
reopening the judgment automatically reinstates the revoked or suspended
operating privilege.
[Added 9-9-2020 by Ord. No. 20-09-02]
A.
Authorization and definitions.
(1)
Statutory authorization. This section is adopted pursuant to authorization
in §§ 349.18(1)(b) and 349.18(lm)(a), Wis. Stats.
B.
Operation of golf carts allowed; exceptions.
(1)
Allowed. The operation of golf carts on the public streets within
the Village in compliance with the provisions of this chapter shall
be permitted; however, it shall be unlawful to operate any golf cart
that is not properly registered with the Village or to operate any
golf cart at any place or in any manner not authorized herein.
(2)
Exceptions. The operation of golf carts is not subject to the provisions
of this chapter under the following circumstances:
(a)
The operation of golf carts at golf courses, private clubs or
on private property, with the consent of the owner.
(b)
The use of a golf cart in connection with a parade, a festival
or other special event, provided the consent of the sponsor is obtained
and provided such vehicle is only used during such event.
C.
License required. No person who is less than 16 years of age or who
does not have a valid driver's license issued under or granted
by the laws of Wisconsin or some other state may operate a golf cart
on any public street within the Village. For purposes of this section,
a learner's permit shall not be considered as a valid driver's
license nor shall any license that has been revoked, temporary or
otherwise, or suspended for any reason, be considered as a valid driver's
license during the period of suspension or revocation.
D.
Registration.
(1)
Required. No golf cart may be operated on any public street within
the Village unless the golf cart has first been registered with the
Village of Barneveld as required herein. The registration shall be
renewed thereafter in accordance with the provisions of this section.
To evidence the registration, the owner shall be issued an annual
permit which shall be displayed in a prominent, visible place on the
golf cart. The permit may contain a registration number assigned for
the particular golf cart and may contain an expiration date.
(2)
Registration fee. A registration fee in the amount of $25 annually,
or such other amount as may be established and published in the Schedule
of Fees adopted by the Village Board from time to time, as amended,
shall be paid to the Village at the time the application for registration
is filed with the Village of Barneveld or for any renewal of the application.
E.
Application. The application for registration shall be made to the
Village of Barneveld on forms provided by the Village. The application
may, among other things, require the owner's name, street address,
mailing address, a phone number, the make, model and identification
or serial number of the golf cart, proof of insurance and such other
information as may be reasonably required as well as a release or
disclaimer of liability by the Village for accidents involving the
registered golf cart.
F.
Inspection. Prior to issuing the initial registration permit, the
golf cart shall either be inspected, or in place of inspection, the
Village of Barneveld may require photographs submitted of the golf
cart, to determine that:
(1)
The golf cart is equipped with a rear vision mirror and at least
two red rear reflectors at least three inches in height and width;
(2)
The golf cart is equipped with a reflective "slow moving" sign or
flag on the rear of the cart;
(3)
The brakes provided by the manufacturer of the golf cart are in proper
working order;
(4)
The golf cart has all of the standard safety features provided by
the manufacturer and has not been modified to exceed a speed of 20
miles per hour, nor otherwise modified in any way that creates a hazard;
and
(5)
The golf cart is equipped with all mechanical systems and safety
equipment required by this chapter.
G.
Financial responsibility. The owner of a golf cart required to be
registered with the Village for use on the public streets of the Village
shall maintain in full force and effect and continuously throughout
any period of registration.
H.
Manner of operation. Golf carts shall not be operated on the public
streets of the Village, except in full compliance with the provisions
of this section.
I.
Hours of operation. Golf carts may be driven on approved public streets
from sunrise until sunset, except that golf carts equipped with at
least one operating headlight, having at least a fifty-five-watt halogen,
or equal, bulb on the front of the golf cart, and two operating taillights
on either side of the rear of the golf cart, all of which are visible
for a distance of not less than 250 feet, may be operated from 1/2
hour before sunrise until 1/2 hour after sunset. Golf carts may not
be operated when fog, smog, smoke or other conditions reduce visibility
so that the golf cart is not visible for a distance of 250 feet.
J.
Motor vehicle laws. All laws regarding the use of motor vehicles
in the State of Wisconsin and all ordinances regarding the use of
motor vehicles in the Village, not inconsistent therewith, shall be
observed, except that no golf cart may be operated at a speed in excess
of 20 miles per hour.
K.
Right-of-way. The operator of a golf cart shall yield the right-of-way
to overtaking motor vehicles.
L.
Village property and sidewalks. Golf carts shall not be operated
on any sidewalk, pedestrian walkway, jogging path, greenway, park,
or trail.
M.
Golf cart capacity. The seating capacity (normally no more than four
passengers) shall not be exceeded nor shall the operator or any passenger
be permitted to stand while the golf cart is in operation.
N.
Commercial purposes. Golf carts may not be used as a taxicab or bus
or for the commercial carrying of passengers or the hauling of freight.
O.
Parking. Golf carts may only be parked in the same manner and at
the same places designated for the parking of motor vehicles. The
stopping, standing or parking of golf carts in areas where parking
is not allowed or in any place that impedes the flow of traffic, pedestrian
walkways or a passageway is prohibited.
P.
Towing. Golf carts may not be used for the purpose of towing another
cart, trailer or vehicle of any kind, including a person on roller
skates, skateboard or bicycle.
Q.
Disclaimer and liability.
(1)
Disclaimer. Golf carts are not designed for nor manufactured to be
used on public streets, and the Village neither advocates nor endorses
the golf cart as a safe means of travel on public streets, roads and
highways. The Village in no way shall be liable for accidents, injuries
or death involving the operation of a golf cart.
(2)
Assumption of risk. Any person who owns, operates or rides upon a
golf cart on a public street, road or highway within the Village does
so at his or her own risk and peril and assumes all liability resulting
from the operation of the golf cart.
