Chapter 435 Vehicles and Traffic

No person shall park any vehicle contrary to any posted restriction in the Town-designated parking lots.

All municipal parking lots will be posted two-hour parking, 7:00 a.m. to 7:00 p.m., seven days a week unless other posting appears: Hwy 47 and Hwy 51 and 2nd Avenue of Block 4, Lots 9 and 10.

[Added 1-12-1994]

Exception to the two-hour parking will be registration and a display of a sticker on the vehicle for a business and/or an employee of the business in Block 4 and Block 3 of the Town, or business owners and employees within 400 feet of said municipal lots. Registration will be applied for at the Woodruff Town Office and a fee as provided in the Town Fee Schedule[1] will be paid for a calendar year. Proration will be allowed if the necessity arises.

[1]

Editor's Note: See Ch. A450, Fees.

No vehicle with a registration sticker will be allowed to advertise a place of business, or campaign signs, or similar promotional materials on said lots.

All illegal parking will be considered a minor violation. Penalty for all parking violations as provided within this chapter is a forfeiture of not less $5 nor more than $20.

Vehicles parked in either municipal parking lot between November 1 and April 15 with registration and display of sticker shall park on designated odd and even day areas of the parking lots. Registration will be applied for at the Woodruff Town Office and a fee as provided in the Town Fee Schedule[2] will be paid for a calendar year. Proration will be allowed if the necessity arises.

[Added 12-1-2008]

[2]

Editor's Note: See Ch. A450, Fees.

§ 435-3 Speed limits.

[Amended 11-10-1993; 7-13-2004]

General provision. The provisions of §§ 346.57, 346.58 and 346.59, Wis. Stats., relating to the maximum and minimum speed of vehicles are hereby adopted as part of this section as if fully set forth herein, except as hereinafter specified pursuant to § 349.11(3)(c), Wis. Stats.

Speed limit of 25 miles per hour. The maximum speed limit on the following Town streets/roads shall be 25 miles per hour: 2nd Avenue, 3rd Avenue, 4th Avenue, 5th Avenue, Sarah B. Lane, Thrall Road, Gehrke Road, Willow Street, Balsam Street, Birch Street, Cedar Street, Oak Street, Swanson Street, Margaret Street, Maple Street, Hemlock Street, Pine Street, Poplar Street, Larson Drive, Spruce Street, Aspen Street, Hickory Street, Basswood Road, Rapps Road, Chestnut Street, Forest Circle, Oak Crest Drive, Woodland Drive, Linwood Lane, Wayne Drive, Blumenstein Road, Ruppert Drive, Highland Drive and Pine Cone Lane.

Subdivisions. The maximum speed limit in all Town recorded subdivisions shall be 25 miles per hour.

Speed limit of 30 miles per hour. The speed limit on all other Town of Woodruff streets/roads not specifically referred to in this section shall be 30 miles per hour.

Signage. The Woodruff Police Chief is hereby granted the authority, at his or her discretion, to also order the posting of "Radar Patrolled" signs on any Town of Woodruff streets/roads as deemed necessary.

§ 435-4 Snowmobile access routes.

[Amended 11-10-1987; 2-12-1992; 9-10-1994; 1-24-1996; 9-13-2016]

State snowmobiling laws relating to the operation of snowmobiles on highways for the purpose of certain types of access contained in § 350.01(9m), (10d) and (10m), Wis. Stats., and any amendments thereto are hereby adopted and by reference are made a part of this section. "Resident" in this section is hereby defined as follows: any person residing within the limits of the Town of Woodruff, Oneida County, Wisconsin, with provisions made for temporary guests of residents.

The following are designated as snowmobile routes and authorized by § 350.18(3), Wis. Stats.:

[Amended 9-13-2016]

3rd Avenue.

Balsam Street.

Brunswick Road.

Gritzmachen Road.

Indian Shores Road.

Lemma Creek Road.

Margaret Street.

Oak Street.

Park Avenue.

Willow Street.

All roadways within the limits of the Town of Woodruff are designated as snowmobile access routes as governed by § 350.02, Wis. Stats. and as authorized by the Town of Woodruff.

[Amended 9-13-2016]

Conditions. This section designates the roadways and/or shoulders of specific highways for snowmobile travel in the Town of Woodruff, Oneida County, Wisconsin, to travel for the shortest distance that is necessary and possible to reach the snowmobile trail or route, subject to the following conditions:

[Amended 9-13-2016]

Snowmobiles shall be operated on the extreme right side of the roadway and travel with the flow of traffic.

Snowmobiles are to be operated in single file at all times.

Headlights shall be on at all times.

§ 435-5 Official traffic signs and signals.

Snowmobile operators shall yield the right-of-way to all other vehicular traffic and pedestrians.

(5)

Snowmobilers on Town of Woodruff designated snowmobile access routes shall operate said snowmobiles at no greater than posted speed limit while traveling such routes. Snowmobiles shall not travel on sidewalks.

Enforcement. This section shall be enforced by any law enforcement officer of the Town of Woodruff, Oneida County, Wisconsin. For the purpose of enforcement of this section, any law enforcement officer reserves the privilege of stopping any snowmobiler operating a snowmobile on any roadway in the Town of Woodruff to determine if it is being operated legally under the terms specified in this section, as well as any other Town of Woodruff snowmobiling ordinances and state statutes.

Penalties. Wisconsin state snowmobile penalties as found in § 350.11(1)(a), Wis. Stats., are adopted by reference.

Length of operation. Snowmobile access routes shall be effective from December 1 through March 31. Operation of snowmobiles on snowmobile access routes is prohibited between April 1 and November 30.

Signage. The appropriate snowmobile club, as designated by the Department of Natural Resources, shall purchase and be responsible for all signage. The appropriate snowmobile club, as designated by the Department of Natural Resources, in coordination with the Town Board shall:

[Amended 9-13-2016]

Post snowmobile route and speed limit signs;

Post signage indicating the termination of routes in locations as directed by the Town Board;

Post local-use-only signs in locations as directed by the Town Board;

§ 435-7 Special year-round weight limitations.

Post quiet-zone signs in locations as directed by the Town Board.

Removal of unofficial signs and signals. The Chief of Police shall have the authority granted by § 349.09, Wis. Stats., and shall order the removal of a sign, signal, marking or device placed, maintained or displayed in violation of this chapter or § 346.41, Wis. Stats. Any charge imposed on any premises for removal of an illegal sign, signal or device shall be reported to the Town Board at its next regular meeting for review and certification.

§ 435-6 Abandoned vehicles.

[Added 11-30-1994]

No person shall leave unattended any motor vehicle, trailer, semitrailer, or mobile home on any public highway or private or public property, for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. Whenever any vehicle has been left unattended without the permission of the property owner for more than 48 hours the vehicle is deemed abandoned and constitutes a public nuisance.

Any vehicle in violation of this section shall be removed and impounded until lawfully claimed or disposed of as described in Wisconsin Statutes. The owner of any such vehicle will be responsible for any towing and storage fees incurred by the Town under this section.

As provided in § 435-9B(2), the owner of any such vehicle may be issued a uniform municipal citation for enforcement of the provisions of this section. Forfeiture amounts for a violation of this section are to be set in accordance with § 435-8E.

[Amended 6-27-1990; 3-24-1992; 8-26-1992; 5-11-2004; 2-12-2013; 9-26-2017]

No through traffic by a vehicle having a gross weight in excess of seven tons (14,000 pounds), as defined in §3 40.01, Wis. Stats., or registered weight in excess of 14,000 pounds shall be allowed to operate on any of the following roads/streets: Blumenstein Road (from the Minocqua border to Country Lane), Country Lane, Pine Cone Drive, Wayne Drive, South Townline Road (from Maple Street west), Mid-Lake Road, Balsam Street (from Highway. J north to Highway. 47), Rudolph Road, or portions of such roads/streets when signs have been erected giving notice of such weight limitations.

. Imposition of this year-round weight limitation on the above-designated roads/streets shall be done by erecting signs on or along the designated roads/streets on which it is desired to impose the limitation sufficient to give reasonable notice that the special weight limitation is in effect. All weight limitation signs and their erection shall comply with the Wisconsin Manual on Uniform Traffic Control Devices (MUTCD).

Permitted deviations. For the purpose of making pickps or deliveries at locations off the Town roads/streets, vehicles in excess of 14,000 pounds but less than the state maximum permitted weight may deviate to these roads/streets providing vehicles leave and re–enter said roads/streets at points closest to their immediate destination. The Town may prohibit truck travel on some roads/streets for reasons of safety or road/street condition.

Any person violating any provision of this section shall be penalized as provided in § 348.21, Wis. Stats.

§ 435-7.1 ATV/UTV use on Town roads.

[Added 7-12-2016]

Purpose. The primary purpose of this section is to provide for a safe means for Town residents and visitors to use all-terrain vehicles on designated Town roads to facilitate access to trail systems located in the county or in adjoining counties.

State laws adopted. In accordance with § 23.33(11), Wis. Stats., the Town of Woodruff intends to enact this section in strict conformity with state law encompassing all aspects of the regulation of all-terrain and utility terrain vehicles encompassed in Chapter 23, Wis. Stats.

The statutory provisions of § 23.33, Wis. Stats., and the defining regulations found in Chapter NR 64, Wisconsin Administrative Code, with respect to the regulation of all-terrain and utility terrain vehicles, including all future amendments thereof, are hereby adopted by reference and made part of this section as fully set forth herein. Acts required to be performed or prohibited by such statutes are required or prohibited by this section.

ALL-TERRAIN VEHICLE ROUTE

The operator of an all-terrain and utility terrain vehicle on a roadway is subject to §§ 346.04, 346.06, 346.11, 346.14(1), 346.18, 346.19, 346.20, 346.21, 346.215(3), 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50(1)(b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.71, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92(1) and 346.94(1) and (9), Wis. Stats., but is not subject to any other provision of Chapter 346, Wis. Stats. The foregoing provisions of state law in regard to the operation of all-terrain and utility terrain vehicles as set forth in § 346.02(11), Wis. Stats. as such section by heretofore be amended and including any and all such amendments 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.

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

ALL-TERRAIN VEHICLE

An engine-driven device which has a net weight of 900 pounds or less, which is originally manufactured with a width of 50 inches or less, which is equipped with a seat designed to be straddled by the operator and which is designed by the manufacturer to travel on three or more low-pressure tires.

ALL-TERRAIN VEHICLE CLUB

A club consisting of individuals that promotes the recreational use of all-terrain vehicles.

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

MINI-TRUCK

A motor truck, as defined in § 340.01(34), Wis. Stats., having a top speed of not more than 60 miles per hour, and that is all of the following:

Not more than 65 inches wide.

Not more than 1,600 pounds in dry, unloaded weight.

Manufactured with a locking enclosed cab and a heated interior.

OPERATE

To exercise physical control over the speed or direction of an all-terrain vehicle or to physically manipulate or activate any of the controls of an all-terrain vehicle necessary to put it in motion.

QUIET ZONE

A zone at which an all-terrain vehicle must be operated at a speed not to exceed 10 miles per hour.

[Added 4-11-2017]

STATE TRUNK HIGHWAY

Any highway designated pursuant to § 84.02 or § 84.29, Wis. Stats., as part of the state trunk highway system, exclusive of connecting highways.

STREET

Every highway within the corporate limits of a Town of Woodruff except alleys.

UTILITY TERRAIN VEHICLE

Any of the following:

A commercially designed and manufactured motor driven device that does not meet federal motor vehicle safety standards in effect on July 1, 2012, that is not a golf cart, low-speed vehicle, dune buggy, minitruck, or tracked vehicle, that is designed to be used primarily off of a highway, and that has, and was originally manufactured with, all of the following:

A net weight, without fluids, of 2,000 pounds or less.

Four or more low-pressure or nonpneumatic tires.

A steering wheel.

A taillight.

A brake light.

Two headlights.

A width of not more than 65 inches.

(h)

A system of seat belts, or a similar system, for restraining each occupant of the device in the event of an accident.

(i)

A system of structural members designed to reduce the likelihood that an occupant would be crushed as the result of a rollover of the device.

Purpose for authorization. Road and road segments may be added and authorized as all-terrain vehicle routes through the following process:

A property owner within the Town must petition the Town to add or remove a road or road segment.

The Town Board shall, within 30 days of receipt of the petition, review the petition and make a determination as to whether the road or road segment in question is appropriate for use as permitted under this section or whether the road should be removed. The Town Board shall make this determination.

The Town Board shall hold a public hearing on the petition. This public hearing may be held in conjunction with a regularly scheduled Town Board meeting. That public hearing shall be considered first consideration of a proposed change to the Town's Municipal Code. The Board shall make reasonable efforts to ensure residents on affected roads are given notice of the public hearing.

If the Town Board gives tentative approval to the ordinance change at first consideration, the Board shall bring the matter up for second consideration at the next regularly scheduled meeting of the Board.

Designation of all-terrain vehicle routes.

The all-terrain vehicle routes and access roads, as identified in Subsection L, are open year round.

[Amended 5-11-2021]

The Town Board may, by resolution, designate any Town-owned highway as a temporary all-terrain vehicle route for a period not to exceed 10 days for the purpose of facilitating a special event. All such temporary routes shall be properly signed as required by Wisconsin Administrative Code.

Conditions of use.

To operate an all-terrain vehicle, a person must:

Be 16 years of age or older;

Possess an all-terrain vehicle safety certificate unless the operator was born on or before January 1, 1988;

Operate at a speed no faster than the vehicle speed limit of 25 miles per hour or as posted;

(d)

Operate only on the right side of the roadway;

(e)

Operate with headlights on at all times.

The Town has the right to designate quiet or dust-free zones at any time.

Signage. The Lakeland ATV Club shall purchase and be responsible for all signage. The Lakeland ATV Club, in coordination with the Town Board shall:

Post all-terrain vehicle route signs as required by state law accompanied by 25 miles per hour ATV speed limit signs;

Post signage indicating the termination of routes in locations as directed by the Town Board;

Post local-use-only signs in locations as directed by the Town Board;

Post quiet-zone signs in locations as directed by the Town Board.

Penalties. Wisconsin State ATV/UTV penalties as found in § 23.33, Wis. Stats., are adopted by reference.

Enforcement.

This section shall be enforced by any law enforcement officer of the Town of Woodruff, Oneida County, Wisconsin. For the purpose of enforcement of this section, any law enforcement officer reserves the privilege of stopping any person operating an ATV/UTV on any roadway in the Town of Woodruff to determine if it is being operated legally under the terms specified in this section, as well as any other Town of Woodruff ATV/UTV ordinances and state statutes.

The routes and access roads to routes are privileges. At any time, the Town Board or Police Chief may close a route or access road due to verified complaints or safety concerns.

[Added 4-11-2017]

This section shall take effect upon passage and publication. The ATV/UTV trails are for seasonal use starting May 1 through October 31 yearly. (Trail and weather conditions may affect the exact dates.)

[Amended 1-22-2019]

All-terrain vehicles on Town of Woodruff streets. Except for those streets designated in Subsection L, all-terrain and utility terrain vehicles may be operated on Town of Woodruff streets in the manner provided by state law and this section so long as the use of streets not designated as all-terrain vehicle routes are only for direct access to an all-terrain vehicle route or trail. Operation of an all-terrain or utility terrain vehicle other than on an all-terrain vehicle route or trail or on a city street in the most direct route possible from the point of origin to an all-terrain vehicle route or trail or from an all-terrain vehicle route or trail to a point of destination is prohibited.

All-terrain vehicle routes. Pursuant to § 23.33(8), Wis. Stats., the following streets and portions of streets are designated all-terrain vehicle routes as defined in § NR 64.12, Routes, Wisconsin Administrative Code, within the Town of Woodruff:

[Amended 4-11-2017; 1-22-2019]

Route: From the portion of Park Avenue near Arbor Vitae ATV trail to Spruce Street to 3rd Avenue to Balsam Street to Willow Street to Veterans Parkway to North Townline Road to Rudolph Road.

All roads, except as listed in Subsection L(4).

Town of Woodruff municipal parking lot on 2nd Avenue, just west of Highway 51 (Elm Street), WR 498-499, no trailer parking shall be allowed; and Town of Woodruff property located at 1418 1st Avenue, just north of Highway 47 (1st Avenue), WR 41.

The operation of all-terrain and utility terrain vehicles will not be permitted on state trunk highways and on the following streets except as may be necessary to cross the same and then in strict compliance with state statute: Red Pine Road and Bailey Drive.

[Amended 9-22-2020]

(5)

Unless otherwise specifically provided, utility terrain vehicles shall be permitted to operate on the all-terrain vehicle routes in the same manner and subject to the same restrictions as all-terrain vehicles.

(6)

The routes and streets designated by this chapter may from time to time be amended by action of the Woodruff Town Board after reviewing the recommendation of the Chief of Police regarding any such amendment.

(7)

The Chief of Police shall assist snowmobile and all-terrain vehicle clubs in creating and circulating a map or maps illustrating the routes and trails designated by this chapter. In the event there is any difference between routes and trails designated in any such map and the routes and trails designated by this chapter, this chapter shall control.

Additional regulations.

No person shall operate an all-terrain or utility terrain vehicle within the Town of Woodruff except as permitted under this section and subject to the state laws incorporated herein.

All-terrain and utility terrain vehicles shall not be operated on any sidewalks unless approved by Woodruff Town Board and designated with signs.

Exemptions. Town-of-Woodruff-owned vehicles are exempt from this section of the Code.

§ 435-8 Violations and penalties.

General. The penalty for violation for any provision of this chapter shall be a forfeiture as hereafter provided, together with court costs and fees prescribed by § 814.63(1) and (2) or 814.65(1), Wis. Stats., the penalty assessment for moving traffic violations and the driver improvement surcharge imposed by §§ 757.05 and 346.655, Wis. Stats., where applicable. Payment of the judgment and applicable court costs, fees, assessments and surcharges may be suspended by the sentencing court for not more than 60 days. Any person 18 years of age or older who shall fail to pay the amount of the forfeiture, court costs, penalty assessment, driver surcharge or other penalty imposed for violation of any provision of this chapter may, upon order of the court entering judgment and having jurisdiction of the case, be imprisoned until such forfeiture, costs and assessments are paid, but not exceeding 90 days.

Other sanctions. Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes to suspend or revoke the operating privileges of the defendant or of the defendant to submit to assessment and rehabilitation programs or to attend traffic safety school in addition to payment of the monetary penalty or in lieu of imprisonment.

Forfeitures for violation of moving traffic regulations. Forfeitures for violation of any moving traffic regulation set forth in the statutes adopted by reference in § 435-1 shall conform to the forfeiture penalty permitted to be imposed for violation of the comparable statute, including any variations or increases for subsequent offenses. This subsection shall not be construed to permit prosecution under this chapter for any offense described in Chs. 341 to 348, Wis. Stats., for which an imprisonment penalty or fine may be imposed upon the defendant.

Forfeitures for nonmoving traffic and parking violations.

Forfeitures for uniform statewide parking, stopping and standing offenses. Minimum and maximum forfeitures for violation of nonmoving traffic violations adopted by reference in § 435-1 as described in Chs. 341 to 348, Wis. Stats, shall be as provided for the comparable state nonmoving traffic violation.

Penalty for parking violations. The penalty for all parking violations as provided in this chapter shall be a forfeiture of not less $5 nor more than $30.

[Amended 4-22-2008]

Reduced forfeiture for prompt payment. Parking forfeitures paid to the Police Department within two days of the issuance of the parking citation shall be charged 50% of the minimum provided in this section.

Other violations. Any person who shall violate any provision of this chapter for which a penalty is not otherwise established by this section shall be subject to a forfeiture of not less than $10 nor more than $200.

§ 435-9 Enforcement.

This chapter shall be enforced in accordance with the applicable provisions of the Wisconsin Statutes and this section.

Applicable court procedures. The traffic regulations in this chapter shall be enforced in the Circuit Court of Oneida County, Wisconsin, in accordance with the provisions of Chs. 345 and 799, Wis. Stats.

Citations.

Uniform citation and complaint. The Wisconsin Uniform Traffic Citation and Complaint described and defined in the Wisconsin Statutes shall be used for enforcement of all provisions of this chapter, except those provisions which describe or define nonmoving traffic violations and violations of § 346.67, Wis. Stats. Violations of § 346.67, Wis. Stats., shall be reported to the district attorney, and the Wisconsin traffic citation shall not be used in such cases except upon written request of the district attorney.

Parking citations. The Chief of Police shall recommend a citation for use in enforcing nonmoving traffic offenses in this chapter. When approved by the Town Board, such citation shall be used for enforcement of nonmoving traffic regulations created or adopted by this chapter, including violations of nonmoving traffic regulations defined and described in the statutes adopted by reference in § 435-1. The citation for nonmoving traffic violations shall contain a notice that the person cited may discharge the forfeiture for violation of a nonmoving traffic regulation and penalty thereof by complying with Subsection C(2) of this section. Nonmoving citations shall be issued by the Police Department

[Amended 4-22-2008]

Deposits and stipulations.

Moving traffic offenses.

Schedule of deposits. The schedule of cash deposits shall be as required in Subsection C(1)(e) of this section. Also in the cash deposit will be a current penalty assessment fee and court costs, if applicable. If a deposit schedule has not been established for a specific violation, the arresting officer shall require the alleged defender to deposit not less than the maximum forfeiture permitted under this chapter.

Depository. Deposits shall be made in cash, money order or certified check to the Clerk of Circuit Court for Oneida County, who shall issue a receipt therefor as required by Wisconsin Statutes. If the deposit is mailed, the signed statement required by Wisconsin Statutes shall be mailed with the deposit.

Who may make. Persons arrested or cited for violation of moving traffic offenses created by this chapter shall be permitted to make deposits and stipulations of no contest or be released by the arresting officer in accordance with the applicable provisions of the Wisconsin Statutes.

(d)

Delivery or mailing of deposit and stipulation. The deposit and stipulation shall be delivered personally by the person cited or mailed to the Chief of Police of the Town or the Clerk of Court.

(e)

Receipt required. The official or person receiving the deposit shall furnish and deliver or mail an original receipt for such deposit to the alleged violator and shall deliver the deposit and stipulation and a copy of the receipt within five days to the Clerk of Court. The amount of such deposit shall be the amount provided in the Uniform Deposit and Misdemeanor Bail Schedule for the Wisconsin Judicial Conference, including any variations or increases for subsequent offenses, which schedule is in effect in the Circuit Court of Oneida County.

Nonmoving traffic offenses.

Direct payment of penalty permitted. Persons cited for violation of nonmoving traffic offenses described and defined in this chapter may discharge the penalty and avoid court proceedings by forwarding, within 10 days of the issuance of the citation to the Chief of Police, the minimum penalty specified for the violation. If not so forwarded, the penalty may be discharged by forwarding within 20 days of the date of the citation to the Clerk of Court the amount of the forfeiture provided in this chapter.

Court prosecution. If the alleged violator does not deliver or mail a deposit as provided in this section within 20 days of the date of the citation, the Chief of Police shall forward a copy of the citation to the Clerk of Court with a copy thereof to the Town Attorney for prosecution.