Chapter 290 Vehicles and Traffic

Definition of snowstorm: a driving snowstorm accompanied by moderate to heavy snow falling at a minimum rate of one inch per hour and accumulating to at least four inches or more, which is accompanied by a strong wind in excess of 25 miles per hour, or driving snow in such a manner as to produce a congestion of traffic or impede the operation of emergency vehicles.

Declaration of emergency. The Chairperson of the Town Board or, in his/her absence, the Director of Public Works shall declare a snow emergency during the period of a driving snowstorm or immediately thereafter, whenever traffic becomes congested by reason of said snowfall and the operation of emergency vehicles, including snow removal equipment and machinery, is impeded.

Duration of emergency. Such emergency shall exist so long as traffic remains congested and the operation of emergency vehicles is impeded, or likely to be impeded, by the falling of snow and the congestion of traffic upon the streets, alleys or public parking lots of the Town.

(4)

Notice of emergency. The Town Chairperson, or other authorized officials, may proclaim the state of emergency through the press, radio or other public means of communication and may designate and authorize police officers and snow removal personnel to inform the citizenry of the existence of the emergency.

(5)

Parking prohibited during emergency. No person shall park any vehicle on a main street, alley or public parking lot during the period of a snow emergency or immediately thereafter until such main street, alley or public parking lot has been cleared of snow, unless with reasonable diligence the person could not avoid it.

(6)

Negligent parking on side streets. No person shall permit any vehicle to park or stop upon any uncleared street, alley, or parking lot, either during a driving snowstorm, immediately thereafter, or during a state of declared emergency, in such manner as to interfere with snow removal equipment, unless with reasonable diligence he could not avoid it.

(7)

Removal of vehicles. Any traffic officer, the Director of Public Works or designee may remove any vehicle which may interfere with the operation of any snow removal equipment or any emergency vehicle. The cost of removing such vehicle may be charged to the owner or operator thereof, and the removal may be made by the Town Department of Public Works with Town help or by a commercial towing service. Cars removed and towed away shall be stored in a safe place and restored to the owner or operator of such car upon payment of a towing fee, after following required procedures.

[Amended 3-16-2006 by Ord. No. 2006-05]

Commercial vehicle parking. No overnight parking allowed. No person shall park a semitruck, commercial trailer, bus, other vehicle of a commercial or industrial nature or vehicular equipment of a commercial or industrial nature on any street in any zoning district which permits one-family, two-family or multifamily dwellings as a permitted use for a period of time longer than 30 minutes, except when actively involved in the use of contractors from sunrise to sunset. Any vehicles parked on Town roads must comply with state statutes.

Special parking limitations. No person shall park, or cause to be parked, any vehicle, attended or unattended, upon the right-of-way of the following roadways, or portions thereof, within the Town of Vernon:

[Amended 7-7-2016 by Ord. No. 2016-04]

On the east and west side of Big Bend Drive, north of Skyline Ave, 250 feet north and 250 feet south of the fill (hydrant) pipe located adjacent to the Town Fire Pond No. 1.

On the east and west side of Edgewood Avenue from CTH ES south to a point approximately 500 feet from the intersection of Edgewood Avenue and CTH ES, said point to be posted by a sign indicating that parking is prohibited.

On the west side of the Center Drive Fox River Bridge, said point to be posted by a sign indicating that parking is prohibited.

(4)

On the east and west sides of the portion of Marsh Avenue consisting of the area from Marsh Avenue's termination to the distance of 500 feet from the Marsh Avenue termination, said point to be posted by a sign indicating that parking is prohibited.

(5)

On the east and west side of Scotland Drive, said point to be posted by a sign indicating that parking is prohibited.

(6)

On the east and west side of Heather Ridge Drive, said point to be posted by a sign indicating that parking is prohibited.

(7)

Center Drive on both sides of the roadway next to Heather Ridge Park.

Night parking.

[Amended 1-3-2002 by Ord. No. 2002-01; 7-7-2016 by Ord. No. 2016-04]

No person, partnership, corporation, or other legal entity shall park or cause to be parked any vehicle of any kind or description on any public street or roadway in the Town of Vernon between the hours of 2:00 a.m. to 9:00 a.m. during any period of the year commencing December 1 and ending April 1 of any year unless temporarily authorized by the Department of Public Works Director or designee.

§ 290-7 All-terrain vehicle, off-the-road vehicle, and snowmobile regulations.

No person, partnership, corporation or other legal entity shall park or cause to be parked any vehicle of any kind or description weighing 14,000 pounds or more on any public street or roadway in the Town of Vernon between the hours of 3:00 a.m. to 7:00 a.m. during any period of the year unless temporarily authorized by the Department of Public Works Director or designee.

Removal of vehicles. The Town Department of Public Works, law enforcement personnel or a designee may remove or cause to be removed from a Town roadway or right-of-way any vehicle which is involved in a violation of this chapter. The removal of a vehicle may be done by Town personnel or by an independent contractor pursuant to agreement with the Town. The vehicle shall be stored at a safe place. The owner or other person designated by the owner may recover possession of the removed vehicle upon payment to the Town or the independent contractor of the cost of removal and storage. The Town Board shall, by resolution, from time to time, set the removal and storage fees to be charged. The Town may contract with an independent contractor regarding the removal and storage of vehicles on such terms as the Town Board in its discretion deems advisable, after following required procedures.

[Amended 7-7-2016 by Ord. No. 2016-04]

§ 290-6 Obstruction of roadways.

[Amended 7-7-2016 by Ord. No. 2016-04]

Prohibition. No person shall cause to be put, or allow to remain, any object within the right-of-way of any Town of Vernon public roadway, including but not limited to the traveled part of the roadway, which object obstructs the public roadway or interferes with the use and maintenance of the roadway, except as allowed by law.

Signage. If the circumstance exists that a vehicle involved in providing services for the Town or its residents obstructs a Town road, the owner or operator of that vehicle must post sufficient signage in order to adequately notify people traveling on that road.

[Amended 6-19-2008 by Ord. No. 2008-02; 8-19-2010 by Ord. No. 2010-05; 7-7-2016 by Ord. No. 2016-04; 11-6-2025 by Ord. No. 2025-04]

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

ALL-TERRAIN VEHICLE

Has the meaning specified under § 340.01(2g), Wis. Stats., as amended from time to time.

CONTIGUOUS

To be contiguous for purposes of this section, the real property must satisfy all of the following requirements:

The entire property must:

Either be a single parcel with a single tax identification number; or

Be two or more parcels with separate tax identification numbers, only if all of the following are true:

Each parcel must have a common boundary line or edge, which is not merely a point of contact, with another parcel that makes up the entire property; and

[2]

All of the parcels that make up the entire property must be in identical ownership; and

[3]

The entire property must be treated and occupied by the property owner as a single unit for a use permitted by the applicable zoning district; and

[4]

There must be no gaps or obstructions between the parcels, whether by public right-of-way, body of water, physical construction or otherwise.

If a public right-of-way, body of water, physical construction or other obstruction crosses a parcel of land, the parcel as a whole does not qualify as contiguous property. In that event, each severed portion shall constitute a separate parcel for purposes of this section.

OFF-THE-ROAD VEHICLE

Any two-wheeled self-propelled vehicle designed or adapted and used for riding over unpaved ground or gravel surfaces. Such vehicles may be equipped with rugged tires and flexible suspension and are called by various names: dirt bike, pit bike, chopper bike, sport bike, street bike, exercise bike, mini bike, and scrambler that are combustion-engine operated. "Off-the-road vehicle," as used in this section, does not include all-terrain-vehicles and snowmobiles, as defined in § 340.01 (2g) and (58a), respectively, Wis. Stats., as amended from time to time.

OPERATOR

A person who operates a vehicle herein regulated, who is responsible for the operation of a vehicle herein regulated or who is supervising the operation of a vehicle herein regulated.

SNOWMOBILES

Has the meaning specified under § 340.01(58a), Wis. Stats., as amended from time to time.

TRACKS

Any real property within the Town where repetitive operation of any vehicle(s) regulated by this section has worn down a specific area on private property and/or where changes have been made to the original contour of the landscape for riding of any vehicle(s) regulated by this section.

Snowmobiles.

The restrictions and prohibitions concerning the operation of snowmobiles found in Ch. 350, Wis. Stats., as now or hereinafter amended, are hereby adopted by reference and made a part of this section with the same force and effect as if fully set forth herein. For the purpose of this section, the definitions of words and phases contained in Ch. 350, Wis. Stats., as now or hereafter amended, are adopted by reference and made part hereof with the same force and effect as if fully set forth herein.

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, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50(1)(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), (2), (9), (10), (11) and (13), Wis. Stats.

Additional regulations.

Speed. No person shall operate a snowmobile upon any public right-of-way or roadway within the Town at a speed in excess of that permitted or posted for other motor vehicles.

Unattended vehicles. No person shall leave or allow a snowmobile owned or operated by him to remain unattended on any public roadway or public property while the motor is running or with the starting key left in the ignition.

(c)

Operation on private premises restricted. No person shall operate a snowmobile on any private property not owned or controlled by him/her within the Town without the express consent or permission of the owner.

(d)

Public nuisance prohibited. In addition to constituting a violation of this chapter, any public nuisance attributed to an operator will be subject to the provisions of Town of Vernon Code Chapter 230.

(e)

Noise regulated. Noise resulting from, and/or related to, the operation of a snowmobile under this section shall be subject to the provisions of Town of Vernon Code Chapter 221.

All-terrain vehicles.

Operation of ATVs and UTVs. Pursuant to § 23.33(4)(d)4, Wis. Stats., except as otherwise provided in § 23.33(4), Wis. Stats., no person may operate an ATV and UTV on the roadway portion of any highway in the Village except on roadways that are designated as ATV and UTV routes by this section. Operation of ATVs and UTVs on a roadway in the Village, that is a designated ATV and UTV route is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway that is safe given prevailing conditions.

Designation of ATV and UTV routes. All Village-maintained public rights-of-way are designated ATV and UTV routes in the Village.

Conditions applicable to ATV and UTV routes. Pursuant to § 23.33(8)(d), Wis. Stats., the following restrictions are placed on the use of the Village ATV and UTV routes designated by this section:

Routes shall be marked with uniform ATV and UTV route signs in accordance with § 23.33(8)(e), Wis. Stats., and § NR 64.12(7), Wisconsin Administrative Code. No person may do any of the following in regard to signs marking Village ATV and UTV routes:

Intentionally remove, damage, deface, move, or obstruct any uniform ATV and UTV route or trail sign or standard or intentionally interfere with the effective operation of any uniform ATV and UTV route or trail sign or standards if the sign or standard is legally placed by the state, any municipality, or any authorized individual.

[2]

Possess any uniform ATV and UTV route or trail sign or standard of the type established by the department for the warning, instruction, or information of the public, unless he or she obtained the uniform ATV and UTV route or trail sign or standard in a lawful manner. Possession of a uniform ATV and UTV route or trail sign or standard creates a rebuttable presumption of illegal possession.

Operation shall be subject to all provisions of § 23.33, Wis. Stats., which is adopted as a pair of this section by reference, pursuant to § 23.33(11), Wis. Stats.

A copy of this section shall be sent by the Village Clerk to the Department of Natural Resources, the Waukesha County Sheriff's Department and any other law enforcement agency serving the Village of Vernon's jurisdiction.

[2]

All ATV and UTV operators shall observe posted roadway speed limits.

(4)

Prohibited operation. No person shall operate an off-highway vehicle, ATV and UTV, as follows:

On the property of another without his or her written consent.

Operation of an ATV or UTV on any sidewalk, designated bicycle or pedestrian lane, gravel shoulder, ditch, or other area of any public right-of-way other than on the paved roadway is prohibited, unless specifically designated and posted otherwise by the Village, subject to any exemptions or exceptions to this rule as identified in § 23.33, Wis. Stats.

(c)

In any Village-owned park, not including the parking lots or places of public parking or except as authorized by the Village Board for special events.

(d)

So as to race the engine or cause unnecessary or unusual noise which annoys, disturbs, injures, or endangers the comfort, health, peace, or safety of others.

(e)

Operation shall be subject to § 23.33(6m), Wis. Stats., related to "noise limits." No person may manufacture, sell, rent or operate an ATV or UTV that is constructed in such a manner that noise emitted from the vehicle exceeds 96 decibels on the A scale as measured in the manner prescribed under rules promulgated by the Department of Natural Resources.

(f)

Operation shall be subject to § 23.33(6)(e), Wis. Stats., related to "mufflers." Every ATV or UTV is required to be equipped with a functioning muffler to prevent excessive or unusual noise and with a functioning spart arrester of a type approved by the U.S. Forest Service. This subsection does not apply to an ATV or UTV that is operated exclusively by means of an electric motor.

(5)

Enforcement. This section may be enforced by any law enforcement officer authorized to enforce the laws of the state of Wisconsin and additionally as stated in the Village's citation authority ordinance adopted per § 66.0113, Wis. Stats.

(6)

Penalties. The penalties under § 23.33(13), Wis. Stats., are adopted by reference.

Off-the-road vehicles.

No person may operate an off-the-road vehicle within the Town on any property less than seven contiguous acres in size.

An off-the-road vehicle may be operated on property that is seven or more contiguous acres in size with the consent of the adult property owner. Any adult property owner within the Town having not less than seven contiguous acres of property may operate and/or permit operation of an off-the-road vehicle on their property subject to the following restrictions:

No operator shall operate any off the road vehicle within 100 feet from any property line.

Only the property owner(s) and/or or occupant(s) of the real estate may operate an off-the-road vehicle under this section.

(c)

Public nuisance prohibited. In addition to constituting a violation of this chapter, any public nuisance attributed to operation of any off-the-road vehicle will be subject to the provisions of Town of Vernon Code Chapter 230.

(d)

Noise regulated. Noise resulting from and/or related to the operation of any off-the-road vehicle shall be subject to the provisions of Town of Vernon Code Chapter 221.

Regulating tracks.

No person shall cause or permit the creation or establishment of a track for the operation of any vehicle regulated under this section by means of, or resulting from, earth altering activities in violation of Waukesha County Zoning Code.

Public nuisance prohibited. Any public nuisance attributed to a violation of this section will be subject to the provisions of Town of Vernon Code Chapter 230.

Noise prohibited. Noise resulting from, or related to, the operation of a track will be subject to the provisions of Town of Vernon Code Chapter 221.

§ 290-8 (Reserved) [1]