[Prior code § 7.02]
In the interest of public safety and pursuant to Wisconsin Statute 349.07, the following street is declared to be a through highway and official stop signs or traffic control signals giving notice thereof shall be erected by the chairperson of the police committee of the Village Board in accordance with Wisconsin State Statute Section 10.08.040:
A.
Wisconsin Street from the north curb line of East Beloit Street to
the north Village limits.
[Prior code § 7.04; amended by Ord. 222, 2003]
A.
Heavy Traffic Route. For the purpose of this section, "heavy traffic"
means:
B.
Prohibited Route. Heavy traffic is prohibited from using Madison
Street between U.S. Hwy. 14 and North Wisconsin Street. Vehicles being
driven to the site of any construction; refuse removal vehicles; street
cleaning vehicles; curb pick-up vehicles; vehicles operated for the
purpose of performing repair or maintenance to Village streets or
electric, gas or water services; vehicles owned and operated by public
utility; or vehicles with a valid Department of Transportation oversize
load permit are exempt from the provisions of this section.
C.
Administration.
1.
Posting of Signs. Appropriate signs shall be posted giving notice
of this section and of the heavy traffic route established herein.
Yellow signs may be used but are not mandatory to designate heavy
traffic routes.
2.
Construction Equipment.
a.
The Chief of Police or the superintendent of the department
of public works may grant temporary permits to allow heavy construction
equipment to use Madison Street between U.S. Hwy. 14 (North Walworth
Street) and North Wisconsin Street or any other Village street not
designed for heavy traffic. These permits may be granted only when
use of a non-designated route is necessary for the equipment to reach
a construction site. No permit may be issued unless the person or
corporation owning the equipment agrees to reimburse and hold the
Village harmless for any damage done to the Village's street by equipment
and/or any personal injury or property damage caused in part or in
whole by the street damage.
b.
Village-owned or operated equipment is specifically excluded
from the provisions of this section. Liability. Any operator, corporation,
owner or agent whose heavy traffic vehicle damages any Village street
or highway violates this section and shall be liable and required
to pay the Village of Darien the cost of repair or replacement of
the damaged street or highway.
D.
Special and Seasonal Weight Limitations. The Chief of Police shall
have the authority to impose special or seasonal weight limits on
any street or highway.
[Prior code § 7.05]
The police committee of the Village may impose special or seasonal
weight limits to prevent injury to the roadway of any highway, bridge,
or culvert within the jurisdiction of the Village or for the safety
of users of such highway, bridge, or culvert and shall erect signs
giving notice thereof in accordance with Wisconsin Statute 349.16.
[Prior code § 7.07]
The Chief of Police shall obtain, erect and maintain appropriate
standard traffic signs, signals, and markings conforming to the rules
of the State Department of Transportation giving such notice as shall
be required by state law. The signs shall be erected in locations
and in a manner that makes them sufficiently legible to be seen. Signs
shall be erected in such locations and manners authorized by the chairperson
of the police committee of the Village Board as to give adequate warning
to users of the streets, alleys, or highways in question. The Chief
of Police may, at his or her discretion, delegate any of the above
described duties to the Village road crew foreman or any member of
the road crew and such person may perform any of the above actions.
[Prior code § 7.10; amended by Ord. 219, 2003]
A.
Definitions.
1.
BICYCLE — Any device propelled by the feet acting upon pedals
and having wheels, any two of which are not less than 14 inches in
diameter.
2.
BICYCLE WAY — Any path, sidewalk or portion thereof designated
for the use of bicycles by the responsible governing body.
3.
IN-LINE SKATES — Skates with wheels arranged singly in a tandem
line rather than in pairs.
4.
RIGHT-OF-WAY — The right of one vehicle or pedestrian to proceed
in a lawful manner in preference to another vehicle or pedestrian
approaching under such circumstances of direction, speed and proximity
as to give rise to danger of collision unless one grants precedence
to the other.
5.
ROLLER DEVICE — Roller skates irrespective of the configuration
of the wheels, roller blades, skateboards, scooters, unicycles or
any other wheel device or apparatus, whether or not affixed or strapped
to the body of the operator or rested or ridden upon by the operator,
which is propelled by power from the operator of such device, excepting
bicycles.
B.
Regulations for Use.
1.
State Laws Applicable. Every person using bicycles or roller devices
upon public roadways shall be subject to the provisions of all ordinances
and state laws applicable to the operator of any vehicle, except those
provisions with reference to equipment of vehicle and except those
provisions which by their nature would have no application.
2.
Sidewalks and Walkways. Every person using bicycles or roller devices
on a sidewalk or pedestrian walkway shall yield the right-of-way to
any pedestrian and shall exercise due care when passing any other
persons proceeding in the same direction. No bicyclist or roller device
shall use the sidewalks in the downtown business district or outlying
business district. For the purpose of this section, the business district
of Darien is defined as Wisconsin Street from County Trunk "X" (Beloit
Street) to Fremont Street and County Trunk "X" from Wisconsin Street
to Market Street.
3.
Bicycles and Roller Devices to Stay on Right Side of Roadway. Every
person using a bicycle or roller device on a public roadway shall
keep as close to the right-hand curb as practicable. Roller devices
are prohibited to use the roadway on all state and county trunk highways.
4.
Clinging to Moving Vehicles Prohibited. It shall be unlawful for
any person using a bicycle or roller device to cling or attach to
any moving vehicle upon a public roadway.
5.
Observance of Traffic Regulations. Every person using a bicycle or
roller device shall obey all arterial traffic signs.
6.
Yielding to Traffic. The operator of a vehicle shall yield the right-of-way
to a user of a bicycle or roller device in the same manner as for
bicyclists and pedestrians under sections 346.23, 346.24, 346.37 and
346.38 of the Wisconsin Statutes. Every person using a roller device
shall, upon entering a public roadway, yield the right-of-way to motor
vehicles, except that a person using a skateboard shall be subject
to the same regulations as bicyclists and pedestrians under sections
346.23, 346.24, 346.37 and 346.38 of the Wisconsin Statutes.
7.
Every person using a bicycle or roller device upon a public roadway
must during hours of darkness wear or have attached to themselves
a light or reflective material that is visible from a distance of
500 feet when directly in front of lawful upper beams of headlamps
on a motor vehicle.
8.
No person using a bicycle or roller device upon a public roadway
shall participate in any game, race or speed or endurance contest
with another bicyclist, roller device operator or vehicle. No person
shall use their bicycle or roller device at a speed greater than is
reasonable and prudent under existing conditions.
C.
Penalties.
1.
Any person 16 years of age or older who violates any provision of
this chapter may be issued a uniform traffic citation and, upon conviction
thereof, may be required to forfeit not more than $200, together with
the costs of prosecution.
2.
Any person 12 through 15 years of age who violates any provision
of this chapter may be issued a citation and be subject to the penalties
by the deposit schedule and, upon conviction thereof, may be required
to forfeit not more than $100, together with the cost of the prosecution.
3.
Any person under 12 years of age who violates any provision of this
chapter may be issued a warning notice along with the following additional
actions:
a.
First offense, a verbal warning;
b.
Second offense in the same year, a warning letter mailed to
the parent or guardian;
c.
Third offense in the same year, a mandatory parent-child-police
conference;
d.
Fourth and subsequent offenses in the same year, mandatory referral
to the Walworth County Juvenile Court.
4.
Any parent or guardian of any child who authorizes or knowingly permits
such child to violate any of the provisions of this chapter may be
subject to the provision of sections 346.77 and 346.82(1) of the Wisconsin
Statutes.
[Prior code § 7.13]
A.
The following highways and streets are designated as snowmobile routes
for snowmobile operation:
B.
Snowmobile operation shall be subject to the following limitations.
1.
Snowmobiles shall be operated on the extreme right side of the roadway.
2.
Left turns shall be made as safely as possible from any position
depending on snow cover and other prevailing conditions.
3.
Snowmobile operators shall yield the right of way to other vehicular
traffic and pedestrians.
4.
Highways designated for snowmobile operation shall be marked in accordance
with Wisconsin Statutes.
5.
Snowmobile operation is not permitted on state trunk highways or
connecting highways except as provided in Wisconsin Statutes Section
350.02.
6.
All provisions of Chapter 350 of the Wisconsin Statutes not inconsistent
with this section are incorporated herein by reference and are adopted
and made a part of this chapter as if fully set forth herein. Any
act required to be performed or prohibited by and statute incorporated
herein by reference is required or prohibited by this chapter.
7.
The hours of snowmobile operation shall be between 8:00 a.m. and
11:00 p.m. on Monday through Thursday and 8:00 a.m. to 1:00 a.m. Friday
through Sunday.
8.
Snowmobiles may be operated to and from the origin or destination
of the operator to the nearest snowmobile route using the most practicable
route and in accordance with all other provision of this section.
9.
Snowmobile operators must limit the speed of their vehicles to no
more than 15 miles per hour in the Village.
10.
No loitering will be allowed within 100 feet of any residences.
11.
Snowmobiles will not be allowed in Village parks except by special
permit obtained from the police department.
[Added 5-15-2023 by Ord.
No. 328]
A.
ALL-TERRAIN VEHICLE (ATV) or UTILITY TERRAIN VEHICLE (UTV)
GOLF CART
LOW-SPEED VEHICLE (LSV)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A commercially designed and manufactured motor-driven device
that is designed to be used primarily off highway, originally manufactured
and equipped with all of the following: a weight, without fluids,
of 3,000 pounds or less; four or more tires; tail light; brake light;
two headlights; width of not more than 65 inches; and, for UTVs, a
steering wheel and seat belts. Must be equipped with headlights, brake
lights, and turn signals (use of hand signaling is permitted).
A motor vehicle that has not less than three wheels in contact
with the ground, that has an unladen weight of less than 1,800 pounds,
that is designed to be, and is operated at not more than 25 miles
per hour, and that is designed to carry not more than four persons,
including the driver. A golf cart is not a "low-speed vehicle" as
described below.
Must meet the National Highway Traffic Safety Administration's
(NHTSA) Federal Motor Vehicle Safety Standards and must have a certification
label stating that the vehicle meets those standards. An LSV has four
wheels, can attain a top speed (in one mile) of more than 20 mph but
not more than 25 mph on a paved level surface, has a gross vehicle
weight rating of less than 3,000 pounds, is self-propelled by gas
or electric power, is also known as a "neighborhood electric vehicle,"
is exempt from state emissions testing, and is not required to display
a slow-moving vehicle sign. LSVs must be equipped with headlights,
brake lights, and turn signals (use of hand signaling is permitted).
B.
Registration, License, and Insurance.
1.
No registration fee required, no Village of Darien use permit required
to operate a golf cart, low-speed vehicle, all-terrain vehicle, and/or
utility vehicle on public roads within the Village.
2.
Operators must be at least 16 years of age and possess a valid driver's
license to operate any golf cart, low-speed vehicle, all-terrain vehicle,
and/or utility vehicle on public roads within the Village.
3.
Proof of liability insurance in an amount not less than $50,000 is
required to operate a golf cart, low-speed vehicle, all-terrain vehicle,
and/or utility vehicle on roadways in the Village.
C.
Operation Regulated.
1.
Operation of golf carts and LSVs is allowed on streets with a posted
speed limit of 25 mph. Use is prohibited on US Highway 14, and any
street with a posted speed limit over 25 mph. All-terrain vehicles
and utility terrain vehicles may operate on all Village roadways,
but use is prohibited on US Highway 14.
2.
Golf carts, LSVs, all-terrain vehicles, and utility terrain vehicles
may cross US Highway 14, within the Village limits.
3.
Individuals with home addresses on US Highway 14 (Walworth Street),
may operate a golf cart, low-speed vehicle, all-terrain vehicle or
utility terrain vehicle on US Highway 14 until they reach the next
intersecting roadway only.
4.
Golf carts without operational headlights, tail lights, brake lights,
and turn signals may be operated on city roads between sunrise and
sunset.
5.
Low-speed vehicles, all-terrain vehicles, utility vehicles, and golf
carts with operational headlights, tail lights, brake lights, and
turn signals may be operated on Village roads between 5:00 a.m. and
11:00 p.m.
6.
Golf carts, low-speed vehicles, all-terrain vehicles, and/or utility
vehicles operated before dawn or after dusk must have operational
headlights, brake lights, and tail lights.
7.
All passengers must be seated. Seating is limited to two people per
bench seat.
8.
A child is not permitted to ride on a golf cart on a city roadway
if that child is required by state law to be secured in a child restraint
as a passenger in an automobile. Children may ride in low-speed vehicles,
all-terrain vehicles, and utility terrain vehicles if properly restrained
with appropriate child restraints.
9.
Drivers of golf carts, low-speed vehicles, all-terrain vehicles,
and/or utility vehicles must obey all road signs and are subject to
Wisconsin Statutes Chapter 346, "Rules of the Road," that apply to
vehicles, including, but not limited to, provisions related to reckless
driving and operating under the influence.
10.
Open intoxicants are not allowed on any golf cart, low-speed
vehicle, all-terrain vehicle, and/or utility vehicle operating on
Village roadways.
11.
Golf carts must travel with the flow of traffic, must operate
single-file on the roadway nearest the curb or side of the road, and
must display slow-moving vehicle placards affixed to the rear of the
vehicle.
12.
No unattended golf cart, low-speed vehicle, all-terrain vehicle,
or utility vehicle is permitted on a roadway while the motor is running
or with the key left in the ignition.
13.
Golf carts, low-speed vehicles, all-terrain vehicles, and/or
utility vehicles may not be operated on sidewalks, pedestrian walkways,
or in a park or grassy area outside of the roadway easement.
D.
Violations and Penalties. Any person who violates any provision of
this section shall, upon conviction thereof, forfeit not less than
$25 or more than $1,000, together with the costs of prosecution, and,
in default of payment thereof, may be imprisoned in the county jail
for not exceeding 10 days, provided no person shall forfeit an amount
in excess of the maximum fine of forfeiture allowed in Wisconsin Statutes
for the same offense.
E.
Enforcement.
1.
Uniform citation for highway violations. The uniform traffic citation
promulgated under § 345.11, Wis. Stats., shall be used for
violations of this section relating to highway use except as herein
provided.
2.
Other violations. All violations of this section not described in Subsection E1 shall be enforced in accordance with §§ 66.0114 and 66.0111, Wis. Stats. Stipulations of guilt or no contest may be made as provided in § 66.0114(1)(b), Wis. Stats., in substantially the form provided in the uniform traffic citation within five days of the date of the citation for such violation. Bail deposits may also be made under § 66.0114, Wis. Stats.
3.
Treasurer to receive penalties. Stipulations, forfeited penalties
and deposits for obtaining release from arrest authorized under this
section may be accepted by the Village Treasurer.
4.
Forfeited penalties and deposits. Except as otherwise provided in
§ 345.26, Wis. Stats., and the deposit schedule adopted
by the Wisconsin Judicial Conference thereunder, required penalties
and deposits or bail not including costs or fees for violation of
this section shall be as established by the schedule adopted by the
Municipal Judge.
F.
Signs. The Village of Darien shall have golf cart, low-speed vehicle,
all-terrain vehicle, and utility vehicle signage at each entrance
to the Village.
