[HISTORY: Adopted by the Village Board of
the Village of Elm Grove 2-16-1955; as amended through 10-9-1995. Subsequent amendments noted where applicable.]
[Amended 12-11-2000]
A.
State traffic forfeiture laws adopted. Except as otherwise
specifically provided in this chapter, all provisions of Chapters
340 to 348 of the Wisconsin Statutes describing and defining regulations
with respect to vehicles and traffic for which the penalty is a forfeiture
only, including penalties to be imposed and procedure for prosecution,
are hereby adopted and by reference made a part of this chapter as
if fully set forth herein. Any act required to be performed or prohibited
by any statute incorporated herein by reference is required or prohibited
by this chapter.
B.
No driver of any motor vehicle shall cause, by excessive
and unnecessary acceleration, the tires of such vehicle to squeal
and emit unnecessary road noises or throw stone or gravel, nor shall
such driver cause to be made, by excessive and unnecessary acceleration,
any road or engine noise such as would disturb the public peace.
C.
State Administrative Code Chapter TRANS 305 adopted.
Except as otherwise specifically provided in this chapter, all provisions
of Chapter TRANS 305 of the Wisconsin Administrative Code describing
and defining standards for motor vehicle equipment, including penalties
to be imposed, are hereby adopted and by reference made a part of
this chapter as if fully set forth herein. Any act required to be
performed or prohibited by Chapter TRANS 305 incorporated herein by
reference is required or prohibited by this chapter. Any motor vehicle
equipment prohibited or required by Chapter TRANS 305 incorporated
herein by reference is prohibited or required by this chapter.
No person shall drive a vehicle in excess of
any speed limit established pursuant to law by state, county or Village
authorities and indicated by official signs. Notwithstanding any other
provisions of this chapter, the following speed limits are hereby
established in the Village of Elm Grove, pursuant to § 349.11,
Wis. Stats.:
A.
Fifteen miles per hour in the following areas:
(1)
All roads within the Village Community Center Grounds.
(2)
Where children are present in the following designated
locations, where signs requiring a reduced speed of 15 miles per hour
effective "When Children Are Present" have been posted by the Village
pursuant to § 346.57(4)(a) or (i), Wis. Stats.:
Name of Street
|
Location
| |
---|---|---|
Church Street
|
Between Juneau Boulevard and Marquette Avenue
| |
Crescent Drive
|
Between Juneau Boulevard and Elmwood Road
| |
Highland Drive
|
Between 825 Highland Drive and Lata Vista Drive
| |
Hollyhock Lane
|
Between Underwood River Parkway and Legion Drive
| |
Juneau Boulevard
|
Between Church Street and Crescent Drive
| |
Juneau Boulevard
|
Between Legion Drive and Elm Grove Road
| |
Legion Drive
|
Between Juneau Boulevard and Brook Avenue
| |
Legion Drive
|
Between 1685 Legion Drive and Hollyhock Lane
| |
Luther Lane
|
Between 15240 Luther Lane and Terrace Drive
| |
Pilgrim Parkway
[Added 4-23-2002] |
Between Westover Road and 1194 Pilgrim Parkway
| |
Terrace Drive
|
Between 800 Terrace Drive and 1000 Terrace Drive
| |
Underwood River Parkway
|
Between 13625 Underwood River Parkway and Hollyhock
Lane
| |
Wisconsin Avenue
|
Between 14550 Wisconsin Avenue and 14635 Wisconsin
Avenue
|
B.
Thirty miles per hour on North 124th Street between
the north limits of the Village and Watertown Plank Road and also
upon Pilgrim Parkway in its entirety between the south limits of the
Village and the west limits of the Village north of Gebhardt Road.
C.
Forty-five miles per hour on Bluemound Road or such
other speed as may be set thereon by the State of Wisconsin Highway
Commission.
D.
Twenty-five miles per hour on all other streets and
highways.
In the interest of public safety and pursuant to § 349.07, Wis. Stats., the following streets or portions thereof are declared to be through highways, and traffic signs or signals giving notice thereof shall be erected pursuant to § 275-9 of this chapter:
Name of Street
|
Location
|
---|---|
Arrowhead Court
[Added 3-9-1998] |
Between 2040 Arrowhead Court and the north Village
limits
|
Bobby Lane
[Added 12-17-2018] |
North side between Hollyhock and Tosca Court
|
Church Street
[Added 5-26-2020] |
Eastbound and westbound at Juneau Boulevard
|
Elm Grove Road
|
From Watertown Plank Road to West Bluemound
Road
|
Elmhurst Parkway
[Added 4-23-2002] |
Between 12600 Elmhurst Parkway and 12530 Elmhurst
Parkway
|
Fairhaven Boulevard
[Added 4-23-2002; amended 6-25-2018] |
From 1760 Fairhaven Boulevard to 2050 Fairhaven
Boulevard
|
Gebhardt Road
|
From the west Village limits to Highland Drive
|
Gremoor Drive
[Added 4-23-2002] |
From 13335 Gremoor Drive through Hollyhock Lane
|
Hawthorne Drive
[Added 9-13-1999] |
West of Highland Drive
|
Highland Drive
|
From the north Village limits to Watertown Plank
Road
|
Hillside Road
[Added 6-22-2004] |
From 14225 Hillside Road through Woodlawn Circle
|
Hillside Road
[Added 6-22-2004] |
From 14440 Hillside Road to 14350 Hillside Road
|
Hollyhock Lane
[Added 8-22-2006] |
Between 1940 Hollyhock Lane and 2015 Hollyhock
Lane
|
Hollyhock Lane
[Added 4-23-2002] |
Between Legion Drive and 1860 Hollyhock Lane
|
Hollyhock Lane
[Added 12-17-2018] |
West side from Underwood River Parkway north 300 feet
|
Juneau Boulevard
|
From Highland Drive to Watertown Plank Road
|
Juneau Boulevard
[Added 4-23-2002] |
From 14840 Juneau Boulevard to Lone Tree Road
|
Katherine Drive
[Added 4-23-2002] |
From 1055 Katherine Drive to 1035 Katherine
Drive
|
Legion Drive
[Added 4-23-2002] |
From 1700 Legion Drive to Hollyhock Lane
|
Lone Tree Road
|
From Juneau Boulevard to 1000 Lone Tree Road
|
Marcella Street
[Added 4-23-2002] |
13955 Marcella Street through Lilly Road
|
North 124th Street
[Added 4-23-2002] |
From 955 North 124th Street to Watertown Plank
Road
|
North 124th Street
|
From the north Village limits to Watertown Plank
Road
|
Oakdale Road
[Added 4-23-2002] |
From 14255 Oakdale Road to 14141 Oakdale Road
|
Pilgrim Parkway
|
In its entirety from the south Village limits
to the west Village limits north of Gebhardt Road
|
San Fernando Drive
|
Between 1825 San Fernando Drive and 1855 San
Fernando Drive
|
San Fernando Drive
[Added 4-23-2002] |
From 1995 San Fernando Drive to 2040 San Fernando
Drive
|
Sunnyslope Road
|
From Watertown Plank Road to West Bluemound
Road
|
Sunset Drive
[Added 6-22-2004] |
From 1650 Sunset Drive through Hillside Road
|
Terrace Court
|
From Terrace Drive to Woodland Avenue
|
Terrace Drive
[Added 4-23-2002] |
900 Terrace Drive through Terrace Court
|
Underwood River Parkway
|
Between 13905 Underwood River Parkway and 13645
Underwood River Parkway
|
Walnut Road
[Added 4-27-2004] |
From 12700 Walnut Road to 12850 Walnut Road
|
Watertown Plank Road
|
From the east Village limits to Pilgrim Parkway
|
West Bluemound Road
|
From the east Village limits to the west Village
limits
|
Wisconsin Avenue
[Added 4-23-2002; repealed 6-22-2004] | |
Wisconsin Avenue
[Added 4-23-2002] |
From 14320 Wisconsin Avenue to 14220 Wisconsin
Avenue
|
Wisconsin Avenue
[Added 4-23-2002] |
From 14825 Wisconsin Avenue to 14635 Wisconsin
Avenue
|
Woodlawn Circle
[Added 6-22-2004] |
From 14205 Woodlawn Circle to 1440 Woodlawn
Circle
|
Wrayburn Road
[Added 4-23-2002] |
From 13645 Wrayburn Road to 13825 Wrayburn Road
|
[Amended 9-13-1999; 12-11-2000; 5-27-2003; 5-23-2006]
Notwithstanding the following restrictions,
vehicles parked upon roadways shall do so in compliance with § 346.54,
Wis. Stats.
A.
Limited time parking. When signs are erected by the
Village on any block or space giving notice thereof, no person shall
park a vehicle for longer than the period specified by such a sign
at any time stated thereon as follows:
(1)
For no more than one hour, between 9:00 a.m. and 5:00
p.m., except Sundays and holidays, on the north side of Watertown
Plank Road between Elm Grove Street and Legion Drive.
(2)
For no more than one hour, on the north side of Wall
Street, from a point 40 feet west of the western edge of the bridge
west to a point 195 feet west of the western edge of the bridge.
[Amended 6-24-2008]
B.
No-parking areas. There shall be no parking at any
time in posted areas unless otherwise designated on the sign. The
following areas are designated no-parking areas:
Name of Street
|
Side
|
Location
| |
---|---|---|---|
124th Street
|
Both
|
Between Watertown Plank Road and West Grove
Terrace
| |
Bobby Lane
[Added 4-22-2019] |
South
|
From Hollyhock Lane 75 feet east
| |
Church Street
|
East
|
For a distance of 290 feet from Juneau Boulevard
south toward Watertown Plank Road
| |
Church Street
|
West
|
Between Watertown Plank Road and Juneau Boulevard
| |
Crescent Drive
|
Both
|
Between Watertown Plank Road and Elmwood Road
| |
Crescent Drive
[Added 7-25-2006] |
West
|
Beginning north of crosswalk on Crescent Drive
at Watertown Plank Road to a point 200 feet north on the west side
of Crescent Drive
| |
Elm Grove Road
|
Both
|
Between (STH 18) Bluemound Road and Watertown
Plank Road
| |
Elm Grove Street
[Added 10-27-2009] |
East
|
From Watertown Plank Road to Juneau Boulevard
| |
Highland Drive
|
West
|
Between Watertown Plank Road and Lata Vista
Drive
| |
Hollyhock Lane
|
East
|
Between Legion Drive and Bobby Lane
| |
Hollyhock Lane
[Added 7-25-2006] |
South
|
Underwood River Parkway to Gremoor Drive
| |
Hollyhock Lane
|
West
|
From the stop sign at Hollyhock Lane and Legion
Drive to a point 50 feet north on Hollyhock Lane
| |
Juneau Boulevard
|
North
|
Between the west edge of Church Street and Watertown
Plank Road
| |
Juneau Boulevard
[Added 8-22-2006] |
North
|
From Church Street West to Woodlawn Circle
| |
Juneau Boulevard
|
South
|
From the center line of Church Street to a point
560 feet east of Church Street
| |
Knoll Road
|
From the west property line of 1255 Knoll Road
to the west edge of 124th Street
| ||
Legion Drive
|
Both
|
From Watertown Plank Road to Juneau Boulevard
| |
Legion Drive
|
East
|
Between Lindhurst Drive and Hollyhock Lane
| |
Legion Drive
[Added 5-26-2020] |
East
|
From Elmhurst Parkway to Nicolet Avenue
| |
Legion Drive
[Added 7-25-2006] |
West
|
From Elmhurst Parkway to Hollyhock Lane
| |
Legion Drive
|
West
|
From the stop sign at Legion Drive and Hollyhock
Lane to a point 50 feet south on Legion Drive
| |
Legion Drive
[Added 5-26-2020] |
West
|
To Legion Drive Village Park entrance
| |
Pilgrim Parkway
[Added 7-25-2006] |
East
|
From Watertown Plank Road to Gebhardt Road
| |
State Highway 18 (STH 18) Bluemound Road
|
Both
|
Including the median shoulder areas from the
east edge of Elm Grove Road east to the corporate limits of the Village
of Elm Grove and the Milwaukee/Waukesha County boundary
| |
Underwood River Parkway
[Added 7-25-2006] |
South
|
San Fernando to Hollyhock Lane
| |
Village Park (13600 Juneau Boulevard)
|
Along both sides of the entrance drive from
Legion Drive westerly 700 feet into the Village Park and any nonroadway
areas, paved or unpaved, not specifically designated as a parking
area by pavement markings or other indicia
| ||
Wall Street
|
Both
|
In its entirety, with the exception of limited
parking signs that may be posted to necessitate loading zone areas
| |
Watertown Plank Road
|
Both
|
Between Blue Ridge and Church Street
| |
Watertown Plank Road
|
Both
|
Between Pilgrim Parkway and Terrace Drive
| |
Watertown Plank Road
|
North
|
Between Shadow Lawn Drive and Circle Drive
| |
Watertown Plank Road
[Added 7-25-2006] |
North
|
From Terrace Drive to Highland Drive
| |
Watertown Plank Road
|
South
|
Between Meadow Lane and Sunnyslope Road
| |
Watertown Plank Road
|
South
|
From the easterly edge of Pilgrim Parkway to
a point 468 feet east of Pilgrim Parkway
| |
Watertown Plank Road
|
South
|
Between the west driveway access of 13275 Watertown
Plank Road and the east property line of said location
| |
Watertown Plank Road
|
South
|
Between the east driveway access of 13335 Watertown
Plank Road and the east edge of Elm Grove Road
|
C.
Temporary/special restricted parking.
(1)
No person shall park any vehicle upon Village property
or on any public right-of-way, street or highway within the Village
where official or "By Police Order" temporary no-parking signs have
been placed prohibiting parking to control heavy traffic or to promote
the orderly flow of traffic during special events.
(2)
Parking shall be restricted to one side of any public
right-of-way, street or highway within the Village where necessary
to allow for an unobstructed roadway width of at least 12 feet opposite
such parked vehicle(s) for the free passage of emergency or other
vehicles.
(3)
Towing. Vehicles found to be in violation of this
section shall be cited and may be towed for noncompliance where such
vehicles are determined by the Police Department to pose a traffic
or safety hazard.
D.
Fire lanes.
(1)
Permitted. The Village Board may establish a system
of fire lanes for the purpose of permitting access by the Fire Department
to buildings, other improvements and sources of water supply.
(a)
The area immediately adjacent to the west side
of the building located at 945 North Terrace Drive, beginning at the
southern boundary of the parking area and extending in a northerly
direction to a point 160 feet south of the private driveway access
to Luther Lane.
(b)
The area immediately adjacent to the west side
of the building located at 890 Elm Grove Road, beginning at the northwest
corner of the building and extending in a southerly direction approximately
half the length of the building to the main west-facing entrance to
the building.
(c)
The area immediately adjacent to the north side
of the building located at 890 Elm Grove Road, beginning at the east
end of planter and extending to the east 70 feet.
(d)
The private drive access along the east side
of the building area at 12700 West Bluemound Road, extending in a
north and south direction from the north edge of Bluemound Road to
the north end of the bridge giving access to 12650 West Bluemound
Road.
(e)
The private drive access along the west side
of the building area at 12700 West Bluemound Road, extending in a
north and south direction from the north edge of the driveway easement
accessing 12800 West Bluemound Road to the south edge of the parking
area along the north side of the building area at 12700 West Bluemound
Road.
(f)
The north side of the private drive along the
south side of the building area at 12700 West Bluemound Road, extending
in an east and west direction from the intersecting point with the
east side private drive at this location to the intersecting point
with the private drive easement accessing 12800 West Bluemound Road.
(g)
The private driveway easement accessing 12800
West Bluemound Road, extending from the north edge of Bluemound Road
along the west line of the building area at 12700 West Bluemound Road
in a northwest direction and parallel to Bluemound Road a distance
of 356.83 feet.
(h)
The private driveway access amid the building
complex encompassing 13320 to 13390 West Bluemound Road.
(i)
The entire front access area along the south
side of the building area at 15280 West Bluemound Road extending from
the parking lanes on the east to the parking lanes on the west.
(j)
The private driveway access extending in a north
and south direction along the west side of the building located at
15300 West Bluemound Road.
(k)
The north side of the service road, extending
in an east and west direction, south of the building premises access
from 15280 West Bluemound Road through 15300 West Bluemound Road to
the intersecting service road joining Bluemound Road and Watertown
Plank Road at the stated location.
(2)
Parking prohibited. No vehicle shall be permitted
to be parked within the limits of such fire lanes at any time without
the express consent and permission of the Chief of the Fire Department
or other duly authorized officer thereof.
E.
Extended parking restrictions.
(1)
No person shall park any vehicle upon Village property
or on any public right-of-way, street or highway within the Village
for a period of more than 10 consecutive hours, except when permission
is granted by the Village of Elm Grove Police Department.
(2)
No person shall park any vehicle on any public right-of-way,
street or highway within the Village between 3:00 a.m. and 6:00 a.m.,
except when permission is granted by the Village of Elm Grove Police
Department.
F.
Parking in snow emergencies.
(1)
No person shall park any vehicle or any part thereof
upon Village property or within the full limits of any highway during
a snow emergency. The Village Manager may declare a snow emergency
in the event he or she is advised that an anticipated snowfall of
three inches or more has been forecast for the area of the Village.
Such snow emergencies shall continue until plowing has been completed
on all roads or until terminated by the Village Manager. In the absence
of the Village Manager, the Public Works Director may declare a snow
emergency under the provisions of this subsection.
(2)
Snow emergency signage. Notice of parking in snow
emergencies shall be given by the posting of standard signs giving
notice thereof at, or reasonably near, the corporate limits of the
Village on all state, county trunk or connecting highways as the latter
are defined in § 86.32, Wis. Stats.
G.
Parking for physically disabled persons. Sections
346.503 through 346.56, Wis. Stats., and related penalties regulating
physically disabled parking are hereby adopted by reference as Village
ordinances.
H.
Parking in the Village Park on nonroadway areas.
(1)
No person shall park any vehicle or any part thereof
upon nonroadway areas, paved or unpaved, within the Village Park unless
such nonroadway areas are specifically designated as a parking area
by pavement markings or other indicia.
(2)
Vehicles found to be in violation of this subsection
shall be cited and may be towed for noncompliance where such vehicles
are determined by the Police Department to pose a traffic or safety
hazard.
[Amended 5-23-2006]
A.
Definition. A "nonmoving traffic violation" is any
parking of a vehicle in violation of a statute or an ordinance.
B.
Statutes adopted. The procedures provided for in §§ 345.28 and 345.34 to 345.47, Wis. Stats., inclusive, are hereby specifically adopted and shall be followed in actions to recover forfeitures for nonmoving traffic violations, as defined in Subsection A above.
C.
Costs assessed. The Elm Grove Police Department shall
have the authority to determine the administrative costs of enforcement
in collection of forfeitures for nonmoving traffic violations under
this section from time to time as may be necessary to adjust the same
and shall keep the Municipal Court informed of the same, which Court
shall assess the same against violators and cause such to be collected
along with stipulations, but in no event shall such costs be less
than the following:
A.
It shall be unlawful to stop any railroad train, locomotive
or car upon or across any highway or street crossing in the Village
of Elm Grove or leave the same standing upon such crossing longer
than 10 minutes except in cases of accident. Any conductor, engineer,
brakeperson or other person in charge thereof or responsible therefor
who shall violate this section shall be liable to a fine of not more
than $100 together with the costs of prosecution and, in default of
the payment of such forfeiture and costs of prosecution, shall be
imprisoned in the county jail until such forfeiture and costs are
paid, but not to exceed 15 days.
B.
No person, firm or corporation owning or operating
any railroad, nor any of its employees, shall cause to be blown or
sounded any horn or whistle on any locomotive under its control within
the limits of the Village of Elm Grove at intersections protected
by crossing gates. Exception to this subsection is that such warning
device may be operated in event of emergency.
A.
When signs are erected at any intersection giving
notice thereof, no person shall make a turn at such intersection within
the period of time during which such turns are prohibited by such
sign.
B.
Pursuant to § 346.09(3), Wis. Stats., those
portions of the Village streets designated by the Public Safety Committee
of the Village Board as "No Passing Zones" in the interest of public
safety shall be marked and enforced as such type of traffic zone.
[Amended 12-11-2000]
A.
Class "A" highways. Bluemound Road, Watertown Plank
Road, Elm Grove Road from Bluemound Road to Watertown Plank Road and
North 124th Street from Watertown Plank Road to the north Village
limits are hereby designated Class "A" highways, and the weight limitations
established in § 348.15, Wis. Stats., shall be applicable
thereto.
B.
Class "B" highways. All other streets except those set out in Subsection A of this section are hereby designated Class "B" highways, and the weight limitations established in § 348.16, Wis. Stats., shall be applicable thereto.
C.
No trucking.
(1)
No vehicle which is not equipped with pneumatic tires or has a combined vehicle load weight exceeding 8,000 pounds, except a motor bus, shall be operated or moved on any street not a part of the heavy traffic route designated in Subsection D of this section except for the purpose of picking up and delivering materials, supplies or commodities, which pickups or deliveries originate from or terminate within the Village. In no event shall the weight of the vehicle and load in such case exceed the limitations of § 348.15 or 348.16, Wis. Stats., pertaining to Class "A" or "B" highways.
(2)
The provisions of this section do not apply to any
street upon which season restrictions have been imposed under § 348.17,
Wis. Stats.
(3)
That
part of Elm Grove Road, located in the Village of Elm Grove, between
Juneau Boulevard and Watertown Plank Road, shall have a special weight
limitation of 10,000 pounds. Authorized emergency vehicles and state-,
county- and municipality-owned vehicles are exempt from this subsection.
[Added 2-24-2009]
D.
Heavy traffic route. Bluemound Road, from the east
Village limits to the west Village limits, is hereby designated a
heavy traffic route.
A.
Location of traffic signs. The Public Safety Committee
of the Village Board is hereby authorized and directed to procure,
erect and maintain appropriate standard traffic signs, signals and
markings which are in conformity with applicable state and federal
statutes and regulations and give notice of the provisions of this
chapter.
B.
Location of weight signs. Pursuant to § 348.17,
Wis. Stats., the Public Works/Utilities Committee of the Village Board
is hereby authorized and directed to procure, erect and maintain appropriate
signs for seasonal and other vehicular limitations of its own design
and selection.
[Amended 3-23-2004]
C.
Adequacy of signs. All other signs shall be erected
in such locations and manner as authorized by the Village Board as
to give adequate warning to users of the street or highway in question.
The operator of any vehicle involved in an accident
shall, within five days after such accident, file with the Village
Police Department a copy of the report required by § 346.70,
Wis. Stats., if any. If the operator is unable to make such report,
any occupant of the vehicle at the time of the accident capable of
making such report shall have the duty to comply with this section.
Such reports shall be subject to the provisions and limitations in
§§ 346.70(4)(f) and 346.73, Wis. Stats.
A.
Vehicle abandonment prohibited. No person shall leave
unattended any motor vehicle, trailer, semitrailer or mobile home
on any public street or highway or public or private property for
such time and under such circumstances as to cause the vehicle to
reasonably appear to have been abandoned. When any such vehicle has
been left unattended on any Village street or highway or on any public
or private property within the Village without permission of the owner
for more than 72 hours, the vehicle is deemed abandoned and constitutes
a public nuisance.
B.
Removal and impoundment of abandoned vehicles. Any vehicle in violation of this chapter shall be impounded until fully claimed or disposed of under Subsection C, except that if the Police Chief or his or her duly authorized representative determines that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle, the vehicle may be junked by the Village prior to expiration of the impoundment period upon determination by the Police Chief or his or her duly authorized representative that the vehicle is not wanted for evidence or other reason.
C.
Disposal of abandoned vehicles.
(1)
If the Police Chief or his or her duly authorized
representative determines that the value of the abandoned vehicle
exceeds $100, he or she shall notify the owner and lienholders of
record by certified mail that the vehicle has been deemed abandoned
and impounded by the Village and may be reclaimed within 15 days upon
payment of accrued towing, storage and notice charges and if not so
reclaimed shall be sold.
(2)
In the event an abandoned vehicle determined to exceed
$100 in value is not reclaimed within the period and under the conditions
as provided above, it may be sold by auction or by sealed bids. The
description of the vehicle and the terms of sale shall be posted five
days before the sale.
[Amended 4-22-2008]
(3)
After deducting the expense of impoundment and sale,
the balance of the proceeds, if any, shall be paid into the Village
treasury.
(4)
Any abandoned vehicle which is determined by the Police
Chief or his or her duly authorized representative to have a value
of less than $100 may be disposed of by direct sale to a licensed
salvage dealer upon determination that the vehicle is not reported
stolen.
D.
Owner responsible for impoundment and sale costs.
The owner of any abandoned vehicle, except a stolen vehicle, is responsible
for the abandonment and all costs of impounding and disposing of the
vehicle. Costs not recovered for the sale of the vehicle may be recovered
in a civil action by the Village against the owner.
E.
Notice of sale or disposition. Within five days after
the sale or disposal of a vehicle as provided in Section C(1) or (2),
the Police Chief or his or her duly authorized representative shall
advise the Wisconsin Department of Transportation, Division of Motor
Vehicles, of such sale or disposition on a form supplied by the Division.
A copy of such form shall also be given to the purchaser of the vehicle.
A copy shall also be retained on file by the Village.
F.
Penalty. Any person who shall abandon a vehicle in
violation of this chapter shall, upon conviction thereof, forfeit
not less than $10 nor more than $500, together with the costs of prosecution,
and in default of payment of the forfeiture and costs of prosecution
may be imprisoned in the county jail or have his or her driver's license
suspended in the manner provided for in Ch. 800, Wis. Stats.
[Added 8-28-2007]
A.
No person may operate a play vehicle, as defined under § 340.01(43m), Wis. Stats., an all-terrain vehicle as defined in § 340.01(2g), Wis. Stats., an electric personal assistive mobility device as defined in § 340.01(15pm), Wis. Stats., a snowmobile as defined in § 340.01(58a), Wis. Stats., or motorized vehicle, as defined under § 340.01(35), Wis. Stats., or motor bicycle as defined under § 340.01(30), Wis. Stats., when the bicycle is propelled by motorized power, on any pedestrian pathway or bicycle way, as defined in Village Ordinance § 101-1, on any Village Park land.
B.
Vehicles may operate on any Village Park roadway or
parking lot, as defined under § 340.01(54), Wis. Stats.,
as permitted by this chapter and adopted state statutes.
C.
This provision does not apply to personal assistive
mobility devices used by persons with a disability that limits or
impairs the ability to walk, as defined under § 340.01(43g),
Wis. Stats.
D.
This provision does not apply to any Village-owned
vehicles, employees, or subcontractors engaging in approved Village
activities.
E.
This provision does not apply to in-line skates, as
defined under § 340.01(24m), Wis. Stats., and nonmotorized
skateboards and scooters.
[Added 8-28-2007[1]]
A.
Definition. "Neighborhood electric vehicle" means
a self-propelled, electrically powered motor vehicle that has successfully
completed the Neighborhood Electric Vehicle America test program conducted
by the federal Department of Energy, and has a maximum speed of 20
miles per hour to 25 miles per hour as required for low-speed vehicles
as adopted in the federal motor vehicle safety standards for low-speed
vehicles under 49 CFR 571.3(b) and 571.500. "Neighborhood electric
vehicle" does not include a golf cart.
B.
Neighborhood electric vehicles may be operated in
the Village of Elm Grove on roadways having speed limits of 25 miles
per hour or less.
This chapter shall be enforced in accordance
with the provisions of §§ 66.12[1] and 345.20 to 345.53 and Ch. 299, Wis. Stats.
A.
Stipulation of guilt or no contest. Stipulations of
guilt or no contest may be made by persons arrested for violations
of this chapter in accordance with § 66.12(1)(b),[2] Wis. Stats., whenever the provisions of § 345.27
are inapplicable to such violations. Stipulations shall conform to
the form contained on the uniform traffic citation and complaint under
§ 345.11, Wis. Stats., and may be accepted within five days
of the date of the alleged violation. Stipulations may be accepted
by the Village Police Department.
[2]
Editor's Note: Former § 66.12(1)(b)
was renumbered and amended by 1999 Act 150. See now § 66.0114(1)(b).
B.
Deposits. Any person stipulating guilt or no contest under Subsection A of this section must make the deposit required under § 345.26, Wis. Stats., or, if the deposit is not established under such statute, shall deposit a forfeited penalty as provided in the schedule established by the local municipal justice. Deposits may be brought or mailed to the office of the Police Department as directed by the arresting officer. Deposits for parking or nonmoving violations shall be mailed or brought to the Village Police Department.
C.
Notice of demerit points and receipt. 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,[3] 343.28, 345.26(1)(a) and 345.27(2), Wis. Stats., and shall
require the alleged violator to sign a statement of notice in substantially
the form contained on the uniform traffic citation and complaint promulgated
under § 345.11, Wis. Stats.
[3]
Editor's Note: Formner § 343.27
was repealed by 1989 Act 170, § 4, effective 4-21-1990.
D.
Forfeitures in treasury. Any officer accepting deposits
or forfeited penalties under this chapter shall deliver them to the
Village Treasurer within 20 days after receipt. Any officer authorized
to accept deposits under § 345.26, Wis. Stats., or this
chapter shall qualify by taking the oath prescribed by § 19.01,
Wis. Stats., and filing an official bond in the sum of $500 as described
by § 19.01, Wis. Stats.
E.
Legibility of signs. No provision of this chapter
shall be enforced unless and until signs are erected and in place
and sufficiently legible to be seen by an ordinarily observant person.
[1]
Editor's Note: Former § 66.12 was
renumbered and amended by 1999 Act 150, except for Subsection (1)(d),
which was repealed. See now § 66.0114.
[Amended 12-11-2000; 5-23-2006]
The penalty for violation of any provision of
this chapter shall be a forfeiture as hereinafter provided, together
with the cost of prosecution imposed as provided in §§ 345.20
to 345.53, Wis. Stats.
A.
Uniform offenses. Forfeitures for violation of any provision of Chs. 341 to 348, Wis. Stats., adopted by reference in § 275-1 and in § 275-4G of this chapter, shall conform to forfeitures for violation of the comparable state offense, including any variations or increases for second (or subsequent) offenses.
B.
Special local regulations. Any person found guilty
of violating the provisions of any section of this chapter for which
a penalty is not otherwise specifically provided shall be subject
to a forfeiture of not less than $5 nor more than $500 together with
the costs of prosecution and, in default of payment of such forfeiture
and costs, may be imprisoned in the county jail or have his or her
driver's license suspended in the manner provided for in Ch. 800,
Wis. Stats.
C.
Parking. The forfeiture for violation of parking regulations in § 275-4 of this chapter shall be as set forth in the Deposit Schedule for Municipal Citations[1] if paid within 10 days of issuance, otherwise court costs shall be added, except where a statutory counterpart is provided for in Subsection A.
[1]
Editor's Note: Said Deposit Schedule for Municipal
Citations is on file in the Village offices.