Village of Elm Grove, WI Chapter 275 Vehicles and Traffic

[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.]

GENERAL REFERENCES

Bicycles — See Ch. 101.

Snowmobiles and all-terrain vehicles — See Ch. 238.

Streets and sidewalks — See Ch. 243.

Trailers — See Ch. 259.

§ 275-1 Adoption of statutory provisions.

[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.

§ 275-2 Speed limits.

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.

§ 275-3 Through 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

§ 275-4 Parking, stopping and standing.

[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.

(3) Penalty. Any person violating any of the provisions of this Subsection D shall upon conviction forfeit not less than $50 nor more than $300 and the costs of prosecution and shall be subject to the penalties set forth in § 800.095, Wis. Stats.

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.

§ 275-5 Collection of forfeitures for nonmoving traffic violations.

[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:

(1) After 10 days: $25.

(2) After 28 days: $50.

(3) After the citation has been referred to the Department of Transportation for a suspension of registration, as permitted by Subsection B above: $100.

§ 275-6 Railroads.

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.

§ 275-7 Limitations on turning and passing.

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]

§ 275-8 Weight limits and heavy traffic routes.

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.

§ 275-9 Official traffic signs and signals.

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.

§ 275-10 Accident reports.

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.

§ 275-11 Abandoned vehicles.

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.

§ 275-12 Play vehicle and motor vehicle operation prohibited on Village Park pedestrian pathways and bicycle ways.

[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.

§ 275-13 Neighborhood electric vehicles.

[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.

[1] Editor's Note: This ordinance also renumbered former §§ 275-12 and 275-13 as §§ 275-14 and 275-15, respectively.

§ 275-14 Enforcement.

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.

§ 275-15 Violations and penalties.

[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.