Town of West Bend, WI Vehicles and Traffic

Official Traffic Map established. There is hereby established for the Town of West Bend an Official Traffic Map, dated March 1, 1990, on which is indicated as of said date all existing stop signs; arterial intersections; no stopping, standing or parking areas; no parking areas; and school zones. All such restrictions and limitations set forth on said Official Traffic Map are hereby adopted by reference.

Additions to map. The Town Board may, from time to time, make additions to or deletions from the Official Traffic Map, and the Town Clerk shall keep such Official Traffic Map current. Every addition to said Official Traffic Map made after March 1, 1990, shall indicate the number of the authorizing resolution and the date the appropriate official traffic control device was erected, and every deletion shall indicate the number of the authorizing resolution.

Map to be maintained. The Official Traffic Map shall be maintained and displayed in the office of the Town Clerk. The Clerk shall make appropriate authorized changes on said Map within three working days after the appropriate official traffic control device is erected or removed, as the case may be.

Violations prohibited. When official traffic control devices, giving notice of the restrictions, prohibitions and limitations shown on the Official Traffic Map, are erected and maintained in accordance with the provisions of this section, a violation of the restriction, prohibition or limitation shown on the Official Traffic Map shall be a violation of the provisions of this chapter.

Prohibited signs and markers in highways. No person other than an officer authorized by this chapter to erect and maintain official traffic control devices, or his or her designee, shall place within the limits of any street or highway maintained by the Town any sign, signal, marker, mark or monument unless permission is first obtained from the Town Board or the State 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 below.

Removal of unofficial signs, signals, markers and traffic control devices. The Director of Public Works shall 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 Director to the Town 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.

§ 275-3 Stop and yield signs.

Designation of location of stop signs and yield signs. In the interest of public safety, the Town Board, by resolution, has designated the location of stop and yield signs within the Town and has ordered the installation of such signs. In addition, the location of such signs is designated on the Official Traffic Map of the Town pursuant to § 275-2 of this chapter.

Operators to obey traffic control devices. Every operator of a vehicle approaching an intersection at which an official traffic control device is erected in accordance with this section shall obey the direction of such official traffic control device as required by the Wisconsin statutes incorporated by reference in § 275-1 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.

§ 275-4 Speed limits decreased.

The Town Board hereby determines that the statutory speed limits on the following streets and highways or portions thereof are unreasonable, unsafe and imprudent and decreases such speed limits as follows:

Name of Street	Speed Limit (mph)	Location
18th Avenue	35	Between Decorah Road (City of West Bend) and the S.T.H. 45 overpass
18th Avenue	45	From the S.T.H. 45 overpass southerly to the Town line
Church Drive [Added 9-9-2020 by Ord. No. 2020-06]	35	From Nabob Drive to State Highway 144
Decorah Road	45	From 18th Avenue westerly to the City of West Bend limits
Division Road	45	Between Hillcrest Road and S.T.H. 144
Mileview Road	35	From C.T.H. P westerly to 18th Avenue
Paradise Drive	45	From C.T.H. P westerly to 18th Avenue
Quaas Drive [Added 5-9-2012 by Ord. No. 2012-03; amended 8-9-2017 by Ord. No. 2017-02]	15	On the curve across the road from the private part of Quaas Drive heading southwest and northeast
Rusco Drive	45	From C.T.H. P easterly to C.T.H. G
South Townline Road [Added 1-9-2008 by Ord. No. 2008-01]	35	Between South 18th Avenue to C.T.H. Z
West Lake Drive [Added 1-12-1994 by Ord. No. 94-1]	25	Between State Highway 144 and Gonring Drive

§ 275-5 Parking.

Parking is prohibited at all times, except temporarily for the purpose of, and while engaged in, loading or unloading, or in receiving or discharging passengers or property, and while the vehicle is attended by a licensed operator so that it may be moved promptly in case of an emergency or to avoid obstruction of traffic; no person shall at any time park or leave standing any vehicle upon any of the following parts of highways.

[Amended 7-9-2019 by Ord. No. 2019-03]

Name of Street	Side	Location
Artist Bay Road		From Hacker Drive to the dead end
Boettcher Drive	Both	From Cedar Park Drive to Hwy 144
Cedar Lake Drive	Both	From Cedarview Drive to Wildflower Lane
Cedar Lake Drive		From Wildflower Lane past Maple Ridge Drive and around the corner before Maple Ridge Court to corner
Cedar Park Drive		Entire length
Cedarview Drive	Both	From Hwy 144 to Cedar Lake Drive
Gonring Drive		From State Hwy 144 to the west shore of Big Cedar Lake
Hacker Drive		From C.T.H. Z to the dead end
Hron Road	Both	From C.T.H. NN to Town Termini
Maple Ridge Court	Both	From Maple Ridge Drive to Cedar Lake Drive
Maple Ridge Drive	Both	From Hwy 144 to Cedar Lake Drive
Nabob Drive		From State Hwy 33, south to Glen View Parkway entrance
Paradise Drive	Both	Between S. 18th Avenue and east shore of Big Cedar Lake, excluding north side within 50 feet of east shore for vehicle parking only
Peters Drive		From Paradise Drive to the dead end
Point Drive	Westerly	Entire length
Riesch Road		From State Hwy 33 to the dead end
Scenic Drive		From C.T.H. NN and Z to Paradise Drive
Schneider Court		From Gonring Drive to the end of the cul-de-sac
Silver Lake Drive	East	From 3408 Silver Lake Drive going north to the dead end and no parking on either side of dead end
Silver Lake Drive	Both	From 5476 Silver Lake Drive to turnaround at 5519 Silver Lake Drive
Silver Lake Drive	Both	From 5476 Silver Lake Drive to 5500 Silver Lake Drive
Timmer Bay Road	North	From C.T.H. Z to corner by Uncle Dicks Road
Timmer Bay Road, south section		From C.T.H. NN to the Private Drive section of Timmer Bay Road
West Lake Drive	West	From Gonring Drive to State Hwy 144
Wildflower Lane	Both	Cedar Lake Drive

Parking prohibited during certain periods. No person shall park a vehicle between November 1 and April 30 of each year on the following highways or portion of highways:

The west side of West Lake Drive.

The west side of North Lake Drive.

Snow emergency regulations.

[Added 10-8-2008 by Ord. No. 2008-08]

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

EMERGENCY THOROUGHFARE

Any street, alley, lane or public highway which may be used by an emergency vehicle.

EMERGENCY VEHICLES

Includes police cars, firefighting apparatus, ambulances, rescue squad cars, snow removal equipment and machinery, and any other emergency vehicles.

SNOWSTORM

A snowstorm which produces traffic congestion or impedes the operation of emergency vehicles.

Declaration of emergency. The Chairperson or, in his/her absence, any Supervisor, the Director of Public Works or the Chief of Police, in such order of priority, may, when necessary, declare a state of public emergency and the duration thereof. Declarations of emergency shall be made by public proclamation.

Notice of emergency. The Chairperson or, in his/her absence, any Supervisor or other authorized officials, as stated in Subsection C(2) above, may proclaim the state of emergency through the medium of TV, radio, the press, placards, audible signals or other means of public communication.

Duration of emergency. Such emergency shall continue for 48 hours or until such earlier time as the Chairperson or other authorized official has declared the snow removal operation completed.

(5)

Parking regulations during emergency. Whenever a snow emergency has been declared, as provided in this section, no person shall park a vehicle on any public street, alley, public parking lot or highway of the Town.

(6)

Removal of illegally parked vehicles. Any vehicle parked or left standing upon a highway, street or alley or other public grounds in violation of any of the provisions of this chapter is declared to be a hazard to traffic and public safety. Such vehicle shall be removed by the operator upon request of any police officer or authorized civilian employee of the Town to a position where parking, stopping or standing is not prohibited. Any police officer or authorized civilian employee of the Town, 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 not prohibited. The officer or authorized civilian employee of the Town 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 or rental parking grounds or any facility of the person providing the towing services. In addition to other penalties provided by § 275-9 of this chapter, the owner or operator of a vehicle so removed shall pay the cost of towing and storage.

Miscellaneous parking restrictions.

[Amended 10-8-2008 by Ord. No. 2008-08]

Street maintenance. Whenever it is necessary to clear or repair a Town roadway or any part thereof, the Department of Public Works shall post such highways or parts thereof with signs bearing the words "No Parking - Street Maintenance Work." Such signs shall be erected at least two hours prior to the time that street maintenance work is to be commenced. No person shall park a motor vehicle in violation of such signs.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Parking in driveway. 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.

Parking vehicles with motor running. No person shall park or leave standing any motor vehicle with the motor or refrigerator unit running for more than five minutes within 300 feet of any residence within the Town between the hours of 10:00 p.m. and 7:00 a.m.

§ 275-6 Rustic roads.

Purpose. In order to preserve rustic and scenic roads for vehicular, bicycle and pedestrian travel in unhurried, quiet and leisurely enjoyment, and to protect and preserve recreational driving, culture, beauty, trees, vegetation and wildlife, certain roads shall be designated as rustic roads.

Designation of rustic roads. The following described portions of Town roads are hereby designated as rustic roads:

That portion of Paradise Drive lying between 18th Avenue and C.T.H. Z.

That portion of Scenic Drive lying between the intersection of Scenic Drive and C.T.H. NN/Z and the intersection of Scenic Drive and Dunst Drive.

That portion of Dunst Drive lying between Scenic Drive and C.T.H. Z.

Rules and standards. The Town Board may, from time to time, promulgate rules and establish standards for the use, maintenance, identification, construction and preservation of rustic roads.

§ 275-7 Classification of and weight limitations on Town highways.

Class "B" highways designated. Pursuant to § 348.16, Wis. Stats., the highways maintained by the Town are designated Class "B" highways. No person shall operate any vehicle or combination of vehicles imposing wheel, axle, group of axles, or gross weight on any Town highway which exceeds 60% of the weight limitations for Class "A" highways as set forth in § 348.15(3)(c), Wis. Stats.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Seasonal weight limitations. Pursuant to § 348.17, Wis. Stats., the Town Chairperson is hereby authorized to seasonally restrict the gross weight of vehicles on designated Town highways, or portions thereof, whenever the public interest so requires, and when signs required under § 349.16(2), Wis. Stats., have been erected. Such temporary gross weight limitations set by the Town Chairperson shall not be less than five tons.[1]

[1]

Editor's Note: Original Sec. 7.08, Removal of illegally parked vehicles, which immediately followed this subsection, was repealed 10-8-2008 by Ord. No. 2008-08.

§ 275-8 Display of power prohibited.

No person shall make unnecessary and annoying noises with a motor vehicle by squealing tires, excessive acceleration of engine, or by emitting unnecessary and loud exhaust system noises.

§ 275-9 Violations and penalties.

The penalty for violation of any provision of this chapter shall be a forfeiture as hereafter provided, together with statutory court costs and penalty assessment, if applicable.

State forfeiture statutes. Forfeitures for violation of §§ 340.01 to 348.28, Wis. Stats., 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.

State fine statutes. The forfeiture for violation of any statute adopted by reference hereunder for which the penalty is a fine shall not exceed the maximum fine permitted under such statute.

Local regulations. The penalty for violations of §§ 275-2 through 275-8 of this chapter shall be as provided in Chapter 1, Article II, General Penalty.

§ 275-10 Enforcement.

Enforcement procedure. This chapter shall be enforced in accordance with the provisions of §§ 345.20 to 345.53, 66.0114 and Ch. 229, Wis. Stats.

Duty of police to enforce. Town police officers shall enforce all the provisions of this chapter.

Uniform citations. The uniform traffic citations promulgated under § 345.11, Wis. Stats., shall be used for all moving and nonmoving traffic violations, except parking violations.

Notice of demerit points and receipts. Every officer accepting a forfeited penalty or money deposit under this chapter shall furnish a receipt on a serially numbered form, and shall deliver the original receipt to the alleged violator if requested, and shall state to the alleged violator that inquiry may be made at the office of the Clerk of Court or Municipal Judge regarding the disposition of the deposit. 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.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Parking citations. Citations for all parking violations under this chapter shall conform to § 345.28, Wis. Stats., and shall permit direct mail payment of the applicable forfeiture to the Town Hall within 10 days of the issuance of the citation in lieu of a court appearance. The citation shall specify thereon the amount of the applicable forfeiture as provided in this chapter.

Registration record of vehicle as evidence. When any vehicle is found upon a street, highway or other public right-of-way in violation of any provision of this Code regulating the stopping, standing or parking or 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 the enforcement of this section and shall be subject to the applicable forfeiture penalty; provided, however, that the defenses defined and described in § 346.485(5), Wis. Stats., shall be a defense for an owner charged with such violation.

Deposit schedule. Every police officer issuing a citation for any violation of this chapter shall indicate on the citation the amount of the deposit that the alleged violator may make in lieu of court appearance. The amount of the deposit shall be determined in accordance with the Town Bond Schedule or the State Uniform Bond Schedule.

Disposition of deposits; officers to post bond, qualify. Any police officer accepting deposits or forfeited penalties under this chapter shall deliver them to the County Clerk of Courts within 20 days after receipt, except for parking forfeitures, which shall be turned over to the Town Treasurer.

Parking citations.

[Added 10-8-2008 by Ord. No. 2008-09; amended 5-15-2018 by Ord. No. 2018-04; 7-13-2021 by Ord. No. 2021-03]

Parking citations. The Town Attorney shall recommend to the Town Board a citation for use in enforcing the nonmoving traffic offenses in this chapter. Such citation shall be used for enforcement of nonmoving traffic regulations created or adopted by this chapter, including violation of nonmoving traffic regulations defined and described in the Wisconsin Statutes, adopted by reference in § 275-1 of this chapter, 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 C of this section. Nonmoving traffic citations may be issued by law enforcement officers or by authorized civilian employees of the Town.

Penalty for other parking violations. For violations of all parking violations, any person cited within the Town for any parking violations may within 10 days from issuance of a parking ticket pay the sum of $100 plus towing charges and storage charges, if any, without any further costs for such parking violation. In the event that the above is not paid within 10 days, the individual shall be subject to being summoned to appear in court, arrested by warrant as authorized by law or have their registration suspended as provided by law. In the event registration suspension is sought, the individual shall be assessed the cost to the Town of West Bend of using the registration program.

Nonmoving traffic offenses.

(a)

Direct payment of penalty permitted. Person 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 10 days of the issuance of the citation to the Town Clerk the minimum forfeiture specified for the violation. When payment is made as provided in this subsection, no court costs shall be charged.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

(b)

Registration suspension. If the alleged violator does not pay the forfeiture on the date specified in the citation, the Town 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., and Subsection I(4) below.

Registration suspension program.

(a)

The Town of West Bend shall participate in the Wisconsin Department of Transportation Traffic Violation and Registration Program as set forth in § 345.28, Wis. Stats., and Wis. Adm. Code Chapter Trans 128 and all amendments or changes thereof.

(b)

The Town Clerk is hereby designated as a delegated authority for purposes of §§ 85.13 and 345.28, Wis. Stats., and Wis. Adm. Code Chapter Trans 128. The Town Clerk is authorized to perform, on behalf of the Town, all functions required of a local authority under said statutes and code, including, but not limited to:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

[1]

Preparing and completing all forms and notices, notifying the Wisconsin Department of Transportation of unpaid citations for nonmoving traffic violations;

[2]

Specifying whether the registration of vehicles involved in unpaid citations for nonmoving traffic violations should be suspended and/or whether registration should be refused for any vehicle owned by persons with unpaid citations for nonmoving traffic violations;

[3]

Determining the method by which the Town will pay the Wisconsin Department of Transportation for administration of the program; establishing the effective date for participation; and

[4]

Taking such other action as is necessary to institute and continue participation in the Wisconsin Department of Transportation Traffic Violation and Registration Program.

(c)

In addition to all applicable fines and court costs, the cost of using the Wisconsin Department of Transportation Traffic Violation and Registration Program shall be assessed as permitted.

§ 275-11 Operation of golf carts.

[Added 6-18-2020 by Ord. No. 2020-04]

Definitions. As used in this section, the following terms shall have the meanings indicated:

GOLF CART

A vehicle designed and manufactured with limited speed capabilities that do not exceed 20 miles per hour on a paved, level surface that is designed and intended to convey one or more persons. Modifications to allow extra seating in the area originally designed to carry equipment is allowed.

PUBLIC ROADS

Any Town road, street, or highway located within the Town boundaries designed to accommodate motor vehicles. State and county public roads, streets and highways are excluded.

Operation and use. Allowable operation of golf carts upon Town public roads where there are speed limits of 25 miles per hour or less.

Restrictions:

No persons shall operate a golf cart on designated highways within the Town of West Bend without a valid driver's license issued in his or her state.

All golf carts operated under this section shall be restricted to a maximum speed of 20 miles per hour.

All golf carts operating under this section must be equipped with adequate functioning brakes, reliable and accurate steering apparatus, safe and proper tires, rearview mirror, rear reflective slow-moving vehicle sign, red reflectors/or tape on front and rear bumpers, proper registration and visible registration number.

Golf carts may only be operated on the designated public roads during the hours between sunrise and sunset.

(5)

All passengers must be seated, with a limit of two per bench.

(6)

Children are not allowed on a golf cart that is operated on public roads if they are, by age/size, required by state or federal regulations to be seated in children restraint equipment.

(7)

Operators are subject to all Wisconsin Statutes Chapter 346 "rules of the road" as applicable to automobiles (inclusive and in particular operating under the influence of controlled substances and/or traveling with open containers).

Registration. All golf carts intended to be operated on public roads within the boundaries of the Town of West Bend shall be first registered with the Town Clerk. Each registrant shall pay an annual fee as established in the current fee schedule, on file in the Town offices, as amended from time to time by the Town Board, and the registration sticker shall be properly displayed on the slow-moving vehicle sign on the golf cart.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Violations.

Violations of this section shall constitute a noncriminal infraction enforceable by all duly authorized law enforcement officers of the Town of West Bend and Washington County.