Chapter 7 Traffic Code

DUTY OF THE DIRECTOR OF PUBLIC WORKS TO ERECT AND INSTALL UNIFORM TRAFFIC CONTROL DEVICES. Whenever traffic regulations created by this chapter, including a State traffic regulation, adopted by reference in sec. 7.01 of this chapter, require the erection of traffic control devices for enforcement, the Director of Public Works, 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, devices shall be erected in such locations and in such a manner as, in the judgment of the Director, shall carry out the purposes of this chapter and give adequate warning to users of the streets and highways of the Village.

OFFICIAL TRAFFIC MAP.

Official Traffic Map Established. There is hereby established for the Village of Wittenberg an Official Traffic Map dated July 10, 2006, on which is indicated as of said date all speed limits in excess of 25 miles per hour; all existing stop signs; arterial intersections; yield signs; no U-turn intersections; no parking areas; no stopping, standing or parking areas; handicapped parking areas; and school zones and school crossings. All such restrictions and limitations set forth on said Official Traffic Map are hereby adopted by reference.

Additions to Map. The Village Board may, from time to time, make additions to or deletions from the Official Traffic Map and the Clerk-Treasurer shall keep such Official Traffic Map current. Every addition to said Official Traffic Map made after July 10, 2006, 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 Clerk-Treasurer. The Clerk-Treasurer shall make appropriate authorized changes on said Map within 3 working days after the appropriate official traffic control device is erected or removed, as the case may be.

(d)

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 designee, shall place within the limits of any street or highway maintained by the Village any sign, signal, marker, mark or monument unless permission is first obtained from the Village Board or the State Highway Commission. Any sign, signal, marker, mark or monument placed or maintained in violation of this subsection shall be subject to removal, as provided in sub. (4) below.

REMOVAL OF UNOFFICIAL SIGNS, SIGNALS, MARKERS AND TRAFFIC CONTROL DEVICES. The Director of Public Works or his 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 Director 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.

§ 7.03 STOP AND YIELD SIGNS.

DESIGNATION OF LOCATION OF STOP SIGNS AND YIELD SIGNS. In the interest of public safety, the Village Board, by resolution, has designated the location of stop and yield signs within the Village and has ordered the installation of such signs. In addition, the location of such signs is designated on the Official Traffic Map of the Village pursuant to sec. 7.02 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 sec. 7.01 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.

§ 7.04 PARKING RESTRICTIONS.

WINTER OVERNIGHT PARKING . No person shall park or leave standing any motor vehicle between the hours of 2:00 A.M. and 7:00 A.M. from the first day of November to the first day of May.

PARKING IN MUNICIPAL PARKING LOTS REGULATED. No person shall park a motor vehicle in any municipal parking lot for more than 72 hours unless a permit therefor is issued by the Clerk-Treasurer. The fee therefor is listed in the Village Fee Schedule.

RESTRICTED STREET PARKING. No person owning or having control of any truck, trailer, tractor, bus or recreation vehicle, with tare or empty weight in excess of 15,000 pounds gross weight or over 22 feet in length, including accessories, racks or other physical extensions, or having a height of more than 8 feet from the roadway, shall park the same upon any street, avenue, alley or public way in the Village in areas zoned residential. The provisions of this subsection shall not be deemed to prohibit the lawful parking of such equipment upon any street, avenue, alley or public way in the Village for the actual loading or unloading of goods, wares or merchandise.

ANGLE PARKING.

Angle parking or parking diagonally is prohibited on all the streets, alleys and highways of the Village, except as provided herein. All vehicles shall park parallel to and within one foot of the curb, except where streets and parking lots are so marked for angle parking.

No person shall at any time park any vehicle:

In any direction other than the designated parking angle where angle parking spaces are so designated and provided by appropriate markings.

Backwards into angle parking spaces so designated.

With a trailer attached or any vehicle longer than 20 feet on any street where angle parking is so provided and permitted.

PARKING IN DRIVEWAYS PROHIBITED. 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 prohibit parking.

SNOW REMOVAL AND STREET MAINTENANCE. Whenever it is necessary to remove snow or repair a Village street or any part thereof, the Director of Public Works shall post such street or parts thereof with appropriate signs prohibiting parking. Such signs shall be erected at least 2 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.

SPECIAL EVENTS. Pursuant to the provisions of §349.13, Wis. Stats., the Director of Public Works is authorized to direct that temporary "No Parking" signs be erected by the Maintenance Superintendent during parades, festivals and other authorized events that require the regulating of vehicle stopping, standing or parking on Village roadways. The temporary regulation shall be limited to the time the event exists or is likely to exist.

DESIGNATED PARKING SPACES. The Director of Public Works, shall paint lines or markings upon the curb and/or upon the street or parking lot surface for the purpose of designating a parking space. It shall be unlawful to park any vehicle across any line or marking or to park a vehicle in such position that the same shall not be entirely within the area designated by such lines or markings.

§ 7.05 REMOVAL OF ILLEGALLY PARKED VEHICLES.

LEAVING KEYS IN IGNITION PROHIBITED. No person shall permit a motor vehicle in his custody to stand or remain unattended on any street, alley or in any other public place, except an attended parking area, unless the starting lever, throttle, steering apparatus, gear shift or ignition of said vehicle is locked and the key removed.

(Am. Ord. #11-08)

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, to a position 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 chapter, 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 or parking grounds or any facility of the person providing the towing services. In addition to other penalties provided by sec. 7.20 of this chapter, the owner or operator of a vehicle so removed shall pay the cost of towing and storage.

§ 7.06 ABANDONED VEHICLES.

ABANDONMENT OF VEHICLES PROHIBITED. No person shall abandon any vehicle unattended within the Village for such time and under such circumstances as to cause the vehicle to reasonably appear to be abandoned.

DEFINITION. As used in this section, "vehicle" means a motor vehicle, trailer, semi-trailer or mobile home as defined in sec. 7.01 of this chapter, whether or not such vehicle is registered under Ch. 341, Wis. Stats.

PRESUMPTION OF ABANDONMENT. Any vehicle left unattended for more than 72 hours on any public street or grounds, or on private property where parking is prohibited, limited or restricted, without the permission of the owner or lessee, is deemed abandoned and constitutes a public nuisance; provided that the vehicle shall not be deemed abandoned under this section if left unattended on private property out of public view, by permission of the owner or lessee.

EXCEPTIONS. This section shall not apply to a vehicle in an enclosed building or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner authorized by the Village.

REMOVAL AND IMPOUNDMENT OR SALE. Any vehicle found abandoned in violation of this chapter shall be impounded by any police officer until lawfully claimed or disposed of as provided in this section. If the police officer determines that towing costs and storage charges for 10 days, as provided in sub. (6) below, would exceed the value of the vehicle, the vehicle may be junked or sold prior to the expiration of the impoundment period upon determination by the police officer that the vehicle is not wanted for evidence or any other reason; provided that vehicles in excess of 19 model years of age shall be sold or disposed of only by auction sale or sealed bid in accordance with sub. (8) below.

MINIMUM IMPOUNDMENT PERIOD. The minimum period of impoundment or storage of a vehicle found in violation of this section shall be 10 days.

NOTICE TO OWNER. The police officer removing or causing the removal of any vehicle found in violation of this section shall immediately notify the County Sheriff of the abandonment and location of the impounded vehicle, and shall, within 10 days thereafter, notify the owner and lienholders of record, by certified mail, of the impoundment and of their right to reclaim the vehicle. The notice shall set forth the information contained in §342.40(3), Wis. Stats., and shall state that the failure of the owner or lienholder to exercise their right to reclaim the vehicle shall be deemed a waiver of all right, title and interest in the vehicle and a consent to sale of the vehicle.

SALE. Each retained vehicle not reclaimed by the owner or lienholder may be disposed of by sealed bid or auction sale as provided in §342.40(3), Wis. Stats.

§ 7.09 TRAFFIC AND PARKING REGULATIONS ON SCHOOL DISTRICT GROUNDS.

SALE TO BAR CLAIMS AGAINST VEHICLE. The sale of a motor vehicle under the provisions of this section shall forever bar all prior claims thereto and interest therein except as hereinafter provided.

(10)

PURCHASER TO REMOVE VEHICLE. The purchaser of any vehicle on sealed bid or auction sale under sub. (8) above shall have 10 days to remove the vehicle from the storage area upon payment of a storage fee of the actual cost of commercial storage for each day the vehicle has remained in storage after the second business day subsequent to the sale date. Ten days after the sale, the purchaser shall forfeit all interest in the vehicle and the vehicle shall be deemed to be abandoned and may be again sold.

(11)

REQUEST FOR LIST. Any listing of vehicles to be sold pursuant to this section shall be made available by the Clerk-Treasurer to any interested person or organization who makes a request therefor.

(12)

NOTICE TO DEPARTMENT. Within 5 days after the sale or disposition of a vehicle under this section, the Clerk-Treasurer shall advise the Wisconsin Department of Transportation of such sale or disposition on a form supplied by the Department.

(13)

OWNER MAY FILE CLAIM. At any time within 2 years after the sale of a motor vehicle, as provided herein, any person claiming ownership of such motor vehicle or a financial interest therein may present a claim to the Village Board setting forth such facts as are necessary to establish such ownership or interest, and that the failure of the claimant to reclaim the vehicle prior to the sale was not the result of the neglect or fault of claimant. If the Board is satisfied as to the justice of such claim, it may allow the same, but in no case shall the amount allowed exceed the sum paid into the Village Treasury as a result of the sale of such motor vehicle nor the amount of interest of the claimant therein.

(14)

EXEMPTION. Any owner or person operating a registered vehicle which shall become disabled or inoperative for any reason and who shall be unable to cause removal of such vehicle from any alley, street, highway or public place not otherwise regulated as a restricted parking, stopping or standing zone shall, within 12 hours of such occurrence, notify the Police Department of the location of the vehicle and shall transfer and deliver clear title for said vehicle to the Village together with a fee for the cost of towing and junking charges and shall be exempt from the provisions of this section. When so requested by the owner or person in charge of a vehicle, the County Sheriff shall be authorized to order such vehicle removed and junked directly from the scene of disablement by the contractor engaged by the Village for towing of disabled vehicles. The provisions of sub. (11) above shall apply to any vehicle removed under this subsection.

§ 7.07 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.

§ 7.08 SCHOOL BUS WARNING LIGHTS.

Notwithstanding the provisions of §346.48(2) (b)2., Wis. Stats., adopted by reference in this section 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 crosswalk or traffic signals so that pupils must cross the street or highway before being loaded or after being unloaded.

Pursuant to the provisions of §118.105, Wis. Stats., the following regulations shall apply to the grounds of the public school district located within the Village:

PARKING. No person shall park any vehicle in any vehicular traveling area or parking area of the school district except in conformity with posted parking regulations set forth for such vehicular travel and parking areas.

SPEED LIMITS. No person shall, at any time, operate a motor vehicle upon any school district grounds at a speed in excess of 10 miles per hour.

VEHICLES PROHIBITED AT SPECIFIED TIMES. No person shall, at any time, operate a motor vehicle other than a school bus or emergency vehicle in or upon any drive designated for buses only during the hours of 7:00 A.M. to 9:00 A.M. and during the hours of 3:00 P. M. to 4:30 P.M. on any week day during the months school is in session.

MISCELLANEOUS RULES.

No person shall operate a motor vehicle on school premises at a rapid or sudden acceleration with the intent of squealing tires or leaving tire marks.

No person shall operate a motor vehicle on such premises across parking lot islands or parking lot dividers.

§ 7.10 BICYCLES REGULATED.

Every person operating a bicycle upon a public street shall be subject to the provisions of this chapter and all State laws applicable to the operator of any such vehicle, except those provisions which, by their nature, shall have no application. In addition:

Every child under 8 years of age is prohibited from operating a bicycle upon any street designed for motor vehicle traffic.

Every child under 10 years of age is permitted to ride and operate a bicycle upon the sidewalks, except in the business district.

Every person who may legally operate a bicycle upon a sidewalk shall ride such bicycle in single file and give the right of way to all pedestrians.

No person shall park a bicycle on any street or sidewalk in such a manner as to create a hazard to motor vehicle operators or pedestrians.

§ 7.11 SNOWMOBILES.

STATE SNOWMOBILE LAWS ADOPTED. Except as otherwise specifically provided in this chapter, the statutory provisions describing and defining regulations with respect to snowmobiles in the following enumerated sections of the Wisconsin statutes are hereby adopted by reference and made part of this section as if fully set forth herein. Acts required to be performed or prohibited by such statutes are required or prohibited by this section, as follows:

350.01	Definitions
350.02	Operation of Snowmobiles on or in the Vicinity of a Highway
350.03	Right of Way
350.04	Snowmobile Races, Derbies and Routes
350.045	Public Utility Exemption
350.047	Local Ordinance to be Filed
350.05	Operation by Youthful Operators Restricted
350.055	Safety Certification Program Established
350.06	Firearms and Bows and Arrows
350.07	Driving Animals
350.08	Owner Permitting Operation
350.09	Head Lamps, Tail Lamps and Brakes
350.10	Miscellaneous Provisions for Snowmobile Operation
350.101 to 350.107	Operating a Snowmobile While Intoxicated Prohibited
350.12	Registration of Snowmobiles
350.13	Uniform Trail Signs and Standards
350.15	Accidents and Accident Reports
350.17	Enforcement
350.18	Local Ordinances
350.19	Liability of Landowners

APPLICABILITY OF RULES OF THE ROAD TO SNOWMOBILES. The operator of a snowmobile upon a roadway shall, in addition to the provisions of Ch. 350, Wis. Stats., be subject to §§346.04, 346.06, 346.11, 346.14(1), 346.18, 346.19, 346.20, 346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50(l)(b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92(1) and 346.94(1), (6), (6m) and (9), Wis. Stats.

SNOWMOBILE OPERATION IN VILLAGE.

Restricted. Except as provided in pars. (b) and (c) below, it shall be unlawful to operate any snowmobile on private property or on any Village street, alley, park or parking lot.

Trail Access Routes. The Village Board, upon the recommendation of the Wittenberg Snowmobile Club, shall annually establish travel routes to permit persons to travel from their residences to established snowmobile routes. The map designating such routes shall be on file in the office of the Clerk-Treasurer.

Operation on Private Property. Notwithstanding the provisions set forth in par. (a) above, a property owner or a person with the written consent of a property owner may operate a snowmobile on such property. However, no snowmobile may be operated within 200 feet of any residence or between the hours of 2:00 A.M. and 6:00 A.M.

HOURS OF OPERATION RESTRICTED. No person shall operate a snowmobile anywhere within the Village between the hours of 2:00 A.M. and 6:00 A.M.

PERMITTING OPERATION BY IMPROPER PERSONS PROHIBITED. No owner or person having charge or control of a snowmobile shall authorize or permit any person to operate such snowmobile who is not permitted under State law to operate such snowmobile, or who is under the influence of an intoxicant or a dangerous or narcotic drug.

OPERATION WHILE UNDER INFLUENCE PROHIBITED. Section 346.63, Wis. Stats., shall apply to the operation of a snowmobile any place within the Village.

§ 7.12 USE OF ALL-TERRAIN VEHICLE (ATV) AND UTILITY TERRAIN VEHICLE (UTV) ROUTES WITHIN THE VILLAGE.

CLERK-TREASURER TO FILE SECTION. Pursuant to §350.047, Wis. Stats., the Clerk-Treasurer is hereby authorized and directed to send a copy of this section to the Department of Natural Resources and the County Sheriff's Department.

TITLE AND PURPOSE. This all-terrain vehicle (ATV) and utility terrain vehicle (UTV) route section is adopted to establish ATV/UTV routes on Village streets and to promote public health and safety by providing for the regulation of ATVs/UTVs, within the Village of Wittenberg, Wisconsin.

The establishment of this section is for the convenience of the ATV/UTV riding public only and the Village of Wittenberg makes no warranty express or implied that the aforementioned routes are safe for ATV/UTV operation.

ADOPTION OF STATE STATUTES. The Village of Wittenberg hereby adopts, except as otherwise specifically provided in this section, and pursuant to the authority granted in Ch. 23, Wis. Stats., and Wis. Admin. Code NR 64, the Village of Wittenberg does hereby adopt Ch. 23, Wis. Stats., and Wis. Admin. Code NR 64 which deals with all-terrain/utility terrain vehicles, to be applied on all Village streets designated as ATV/UTV routes in the Village of Wittenberg.

AUTHORIZATION. This section is authorized by Ch. 23, Wis. Stats., and Wis. Admin. Code NR 64; specifically, §23.33 Wis. Stats. and all subsections of same.

DEFINITIONS.

ATV:

All-terrain vehicle means an engine-driven device which has a net weight of 900 pounds or less, which has a width of 48 inches or less, which is equipped with a seat designed to be straddled by the operator and which is designed to travel on 3 or more low-pressure tires. A low-pressure tire is a tire, which has a minimum width of 6 inches, which is designed to be mounted on a rim, with a maximum diameter of 12 inches and which is designed to be inflated with an operating pressure not to exceed pounds per square inch as recommended by the manufacturer.

ATV/UTV Club:

means a club consisting of individuals that promotes the recreational use of ATVs/UTVs.

ATV/UTV Route:

means a highway or sidewalk designated for use by all-terrain/utility terrain vehicle operators by the governmental agency having jurisdiction as authorized under this section.

ATV/UTV Trail:

means a marked corridor on public property or on private lands subject to public easement or lease, designated for use by ATV/UTV operators by the governmental agency having jurisdiction, but excluding roadways of highways except those roadways that are seasonally not maintained for motor vehicle traffic.

UTV: Utility terrain vehicle is as defined in §23.33(1)(ng), Wis. Stats.

APPLICATION. This section is binding on all individuals traveling in and through the Village of Wittenberg in any manner on any and all Village streets.

ROUTE.

The Village of Wittenberg will maintain a trail route and trail map.

The Village reserves the right to close or modify routes and trails at any time.

All ATV/UTV trails shall be signed in accordance with Wis. Admin. Code NR 64.12 and 64.12(7)(c). The Village may designate a preferred route to connect with other routes that connect to other municipalities.

(d)

All Village roads, sidewalks, alleyways and transportation marked corridors within the Village are hereby designated as ATV/UTV routes. Authorized private lands subject to public easements or leases are designated trails. All County roadways located in the Village are hereby declared ATV/UTV routes if authorized by the County of Shawano. All roadways on State or County roads of 35 miles per hour or less are hereby designated as routes.

(e)

Access Routes. The Village Board will establish travel routes to permit persons to travel from their residences to established ATV/UTV routes at the nearest point. The Village shall keep a map designating such routes which shall be on file in the office of the Clerk-Treasurer.

The aforementioned route does not include private roads or driveways nor any private property in the Village of Wittenberg.

The Village of Wittenberg shall retain the right to close any Village street to ATV/UTV operation for special events and street construction/repair without advance notice.

LAWS. The Village of Wittenberg accepts no liability for the operation of ATVs/UTVs on any Village streets under the provisions of this section.

ATVs/UTVs that operate on the aforementioned streets shall abide by all State laws regulating ATV/UTV operation including the following:

Operate in the extreme right-hand portion of the traveled part of the road and single file.

Speed limit shall not exceed 35 miles per hour, EXCEPT where posted higher by an official ATV/UTV speed limit sign. ATVs/UTVs must obey all posted speed limits less than 35 miles per hour.

Signs shall be posted to notify operators of ATVs/UTV and to notify motorists that ATVs/UTVs may be traveling these streets. The posting of signs along the ATV/UTV route shall be the responsibility of the ATV/UTV club using methods and fastening devices consistent with all other traffic signs within the Village of Wittenberg.

(d)

ATVs/UTVs operated on Village streets pursuant to this section shall have the following properly working equipment:

One or more headlights;

A red rear light, and a working red brake light;

Brakes in good mechanical condition;

A muffler system and such other equipment or devices that comply with the noise level standards as set forth in 23 V.S.A. §3505, and regulations adopted pursuant thereto.

(e)

ATVs/UTVs operated on Village streets shall be currently registered by the State of Wisconsin in accordance with Wisconsin State Statutes. Registration does not constitute a license to cross or operate an ATV/UTV on public or private lands.

All riders shall ride single file.

(f)

At all times while operating an ATV/UTV on Village streets or sidewalks, operators born after January 1, 1988, shall have passed an approved safety course. The driver of an ATV/UTV shall obey all State of Wisconsin laws regarding the operation of ATVs/UTVs.

(g)

Except as otherwise provided in this section, a person may only operate or permit an ATV/UTV owned by him/her or under their control to be operated in accordance with Wisconsin State Statutes and all regulations adopted pursuant thereto.

(h)

ATVs/UTVs traveling on Village streets shall travel on the right side of the road, in single file, and with headlights on at a rate of speed not to exceed 35 miles per hour. (See sub. (7)(b) above for other speed limitations.)

(i)

When operating an ATV/UTV under this section, if the ATV/UTV has no turn signals and/or brake lights, the operator shall use hand signals when making turns or stopping.

(j)

No public or private landowner shall be liable for any property damage or personal injury sustained by any person operating or riding as a passenger on an ATV/UTV or upon a vehicle or other device drawn by an ATV/UTV upon the public or private landowner's property, whether or not the public or private landowner has given permission to use the land, unless the public or private landowner charges a cash fee to the operator or owner of the ATV/UTV for the use of the property or unless damage or injury is intentionally inflicted by the landowner.

(k)

ATV/UTV operators must remain on an approved marked trail or route or Wisconsin DNR and other penalties will apply.

SEVERABILITY. Should any portion of this section be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected.

ENFORCEMENT. The Village of Wittenberg gives the authority to enforce this section to the Shawano County Sheriff Department, or DNR as allowed by Wisconsin Statutes.

The enforcement officer may order the owner or operator of any vehicle being operated on a highway to suspend operation.

Verbal or written warnings may be allowed at the discretion of the enforcement authority in the above paragraph.

Penalties shall be made in accordance with §23.33(13)(a), Wis. Stats.

(Rep. & Recr. Ord. #2020-01)

§ 7.13 SKATEBOARDS AND ROLLER SKATES.

REGULATED. It shall be unlawful for any person to operate or ride a skateboard or roller skates in any of the following places:

Any sidewalk in a business district or in any area designated as a heavy traffic route.

Any public or private parking lot.

Private property unless permission has been received from the owner, lessee or person in charge of the property.

RIGHT OF WAY. Operators or riders of skateboards or roller skates shall yield the right of way to other pedestrians using Village sidewalks, and shall not otherwise endanger or interfere with normal pedestrian traffic on those sidewalks.

§ 7.14 IN-LINE SKATES REGULATED.

STATE LAWS APPLICABLE. Every person using in-line skates upon a public roadway 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.

PUBLIC SIDEWALKS OR WALKWAYS. Every person using in-line skates upon a sidewalk or walkway shall yield the right of way to any pedestrian and shall exercise due care when passing any other person.

PUBLIC OR PRIVATE PARKING LOTS AND PRIVATE PROPERTY. It shall be unlawful for any person to use in-line skates in any public or private parking lot. It shall be further unlawful for any person to use in-line skates on private property unless permission has been received from the owner, lessee or person in charge of the property.

RIDING ON ROADWAY.

Every person using in-line skates on any public street or alley shall keep as close to the right hand curb as possible and shall proceed with traffic. Every person using in-line skates upon a one way public street or alley shall proceed in the direction of the one-way traffic.

Every person using in-line skates upon a roadway shall ride single file on all public roadways.

Persons using in-line skates upon a public roadway shall not impede the normal and reasonable movement of motor vehicle traffic.

IN-LINE SKATING PROHIBITED AFTER DAYLIGHT HOURS. It shall be unlawful to use in-line skates on any Village roadway or sidewalk after daylight hours.

CLINGING TO MOVING VEHICLES PROHIBITED. It shall be unlawful for any person using in-line skates to cling to or attach to any bicycle or other moving vehicle upon a public roadway.

PLAYING GAMES IN ROADWAY PROHIBITED. It shall be unlawful to play hockey or any other game on in-line skates on any Village roadway.

OBSERVANCE OF TRAFFIC REGULATIONS. Every person using in-line skates upon a public roadway shall stop for all stop signs and traffic signals.

YIELDING TO TRAFFIC. The operator of a vehicle shall yield the right of way to a user of in-line skates in the same manner as for bicyclists and pedestrians under §§346.23, 346.24, 346.36 and 346.38, Wis. Stats. When using in-line skates, every person shall, upon entering a public roadway, yield the right of way to motor vehicles, except that a person using in-line skates shall be subject to the same regulations as bicyclists and pedestrians under §§346.23, 346.24, 346.37 and 346.38, Wis. Stats.

§ 7.15 to 7.19 (Reserved)

§ 7.20 PENALTY.

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 forfeitures for violations of secs. 7.02, 7.05, 7.06, 7.07, 7.08, 7.09, 7.10, 7.11, 7.12, 7.13 and 7.14 of this chapter are included in the Village Fee Schedule.

§ 7.21 ENFORCEMENT.

ENFORCEMENT PROCEDURE. This chapter shall be enforced in accordance with the pr of §§345.20 to 345.53, Ch. 229 and §66.0114, Wis. Stats.

DUTY OF POLICE OFFICERS TO ENFORCE. Police officers shall enforce all the provisions of this chapter.

UNIFORM CITATION. The uniform citation promulgated under §345.11, Wis. Stats., shall be used for all moving and non-moving traffic violations, except parking violations.

NOTICE OF DEMERIT POINTS AND RECEIPTS. Every officer accepting a forfeited penalty or money deposit under this chapter shall receipt therefor in triplicate as provided in §345.26(3) (b), Wis. Stats. Every officer accepting a stipulation under the provisions of this chapter shall comply with the provisions of §§343.27, 343.28, 345.26(l)(a) and 345.27(2), Wis. Stats.

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 Clerk-Treasurer within 48 hours 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 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 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.

TRAFFIC VIOLATION AND REGISTRATION PROGRAM. Pursuant to the provisions of §345.28(4), Wis. Stats., the Village elects to participate in the nonmoving traffic violation and registration program of the Wisconsin Department of Transportation and pay the costs established by the Department under §85.13, Wis. Stats.; such costs shall in turn be assessed against persons charged with nonmoving traffic violations. The Village Attorney shall be responsible for complying with the requirements set forth in §345.28(4), Wis. Stats.

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 Wisconsin Judicial Council Bond Schedule or the Village Bond Schedule, which are hereby adopted by reference.