Village of Johnson Creek, WI
Jefferson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Johnson Creek 12-1-1994 by Ord. No. 12-94 as Ch. 40 of the 1994 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Bicycles — See Ch. 103.
Noise — See Ch. 173.
Nuisances — See Ch. 177.
Parks — See Ch. 184.
A. 
Except as otherwise specifically provided in this chapter, the statutory provisions in Chs. 340 to 348, Wis. Stats., describing and defining regulations with respect to vehicles and traffic, and Ch. 350, Wis. Stats., with respect to snowmobiles, inclusive of any provisions therein relating to penalties to be imposed and exclusive of any regulations for which the statutory penalty is a fine or term of imprisonment, are 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. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this chapter in order to secure uniform statewide regulation of traffic on the highways, streets and alleys of the state.
B. 
There are also hereby adopted by reference the following sections of the Wisconsin Statutes:
[Amended 7-8-2003 by Ord. No. 20-03]
(1) 
Section 941.01, Negligent operation of vehicle. Penalty shall be as provided in § 939.51, Wis. Stats.
(2) 
Section 943.11, Entry into locked vehicles. Penalty shall be as provided in § 939.51, Wis. Stats.
(3) 
Section 943.23, Operating vehicle without owner's consent. Penalty shall be as provided in § 939.50, Wis. Stats.[1]
[1]
Editor's Note: Original § 40.02, Speed limits, which immediately followed this section, as amended 7-8-2002 by Ord. No. 05-02 and 10-3-2002 by Ord. Nos. 15-02, 16-02 and 17-02, was repealed 7-8-2003 by Ord. No. 20-03.
[Amended 7-8-2003 by Ord. No. 20-03]
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 by the Protection and Welfare Committee of the Village Board in accordance with § 221-7:
Name of Street
Location
Milwaukee Street
From its intersection with STH 26 west to the intersection with Union Street
South Street
From its intersection with STH 26 north to the intersection with Milwaukee Street
Union Street
From its intersection with Milwaukee Street north to the Village limits
Watertown Street
From the north curbline of Milwaukee Street north to the intersection of Hartwig Boulevard
A. 
Parking limits. When signs or parking meters are erected in any block giving notice thereof, no person shall park a vehicle for longer than the period specified.
B. 
Restricted locations.
(1) 
Parking shall be limited to two hours from 8:00 a.m. to 4:00 p.m. on school days on the south side of Milwaukee Street, halfway between Watertown Street and South Street, from the corner of South and Milwaukee Streets to the corner of South and Swap Streets on the west side.
(2) 
There shall be ninety-minute parking on the east side of South Street, from 94 feet north of the 317 South Street driveway proceeding north to 138 feet north of the Clark Street intersection with South Street. There shall be no parking on the west side of South Street, from 94 feet north of the 317 South Street driveway proceeding north to 138 feet north of the Clark Street intersection with South Street.
[Added 7-8-2003 by Ord. No. 20-03]
(3) 
Parking shall be prohibited on the east side of North Watertown Street from a point of beginning at the intersection with Milwaukee Street proceeding northerly to the intersection with Hartwig Boulevard. Parking shall also be prohibited on the east side of North Watertown Street (also known as "Old Highway 26") from a point of beginning at the intersection with Hartwig Boulevard proceeding northerly to the intersection with River Drive.
[Added 7-12-2001 by Ord. No. 14-01; amended 10-2-2003 by Ord. No. 25-03; 8-22-2005 by Ord. No. 15-05]
(4) 
Parking shall be prohibited on both sides of North Watertown Street from a point of beginning at the intersection of North Watertown Street and Milwaukee Street, then proceeding northerly to the intersection of Hartwig Boulevard and North Watertown Street. Parking shall also be prohibited on the west side of North Watertown Street (also known as "Old Highway 26") from a point of beginning at the intersection with Hartwig Boulevard proceeding northerly to the intersection with River Drive.
[Amended 10-2-2003 by Ord. No. 25-03; 8-22-2005 by Ord. No. 15-05; 1-26-2015 by Ord. No. 1-15; 7-20-2015 by Ord. No. 8-15[1]]
[1]
Editor's Note: This ordinance provided an effective date of 9-1-2015.
(5) 
Parking shall be prohibited on both sides of Eden Street from the intersection with Union Street to the intersection with Williams Street.
[Added 7-1-2004 by Ord. No. 22-04[2]; amended 3-18-2019 by Ord. No. 3-19]
[2]
Editor's Note: This ordinance also repealed former Subsection B(5) regarding parking on Watertown Street.
(6) 
Parking shall be prohibited on the north side of Lincoln Street from the intersection of Lincoln and Watertown Streets proceeding westerly along the north side of Lincoln Street to the Union Pacific Railroad right-of-way, and on the south side of Lincoln Street from the intersection with Watertown Street extending west for a distance of 78 feet.
[Amended 7-8-2003 by Ord. No. 20-03; 3-18-2019 by Ord. No. 3-19]
(7) 
Parking shall be prohibited on both the east side and west side of Grell Lane from a point of beginning at the intersection with Milwaukee Street to the intersection with Bobcat Lane. Attended vehicles may stop before school and stand to pick-up children leaving school within 420 feet of the Milwaukee Street intersection. The Police Chief is authorized to temporarily suspend the parking prohibition on Grell Lane due to popular school events.
[Added 4-3-1998 by Ord. No. 5-98; amended 10-7-2004 by Ord. No. 32-04]
(8) 
Parking shall be prohibited on both the north and south side of Else Street from a point of beginning at the intersection with Grell Lane to the terminus.
[Added 7-12-2001 by Ord. No. 14-01; amended 10-7-2004 by Ord. No. 32-04]
(9) 
Parking shall be prohibited on both the north and south side of Bobcat Lane from a point of beginning at the intersection with Grell Lane to the intersection with North Watertown Street.
[Amended 7-8-2003 by Ord. No. 20-03; 10-7-2004 by Ord. No. 32-04]
(10) 
Parking shall be prohibited on the east and west sides of Wright Road from the intersection with County Highway B and proceeding southerly to the intersection with Pheasant Run.
[Added 8-2-2001 by Ord. No. 32-04; amended 8-22-2005 by Ord. No. 14-05]
(11) 
Parking shall be prohibited in all Village parking lots between the hours of 2:00 a.m. and 5:00 a.m., with the exception of parking stalls located on the west side of Depot Street.
[Added 7-12-2001 by Ord. No. 14-01]
(12) 
Parking shall be limited to three hours from 8:00 a.m. to 8:00 p.m., excluding Sundays and holidays, on Depot Street.
[Added 3-6-2003 by Ord. No. 03-03; amended 5-9-2005 by Ord. No. 09-05]
(13) 
[3]Parking shall be prohibited on all sides of Village Walk Lane cul-de-sac south of Hartwig Boulevard.
[Added 8-5-2004 by Ord. No. 28-04]
[3]
Editor's Note: Former Subsection B(13), added 2-6-2003 by Ord. No. 04-03, concerned parking on North Watertown Street and Lincoln Street during the Milwaukee/Depot Street construction.
(14) 
Parking shall be prohibited on the south side of Milwaukee Street from Grell Lane to the Johnson Creek School District driveway; provided, however, that parking shall be permitted in the one-hundred-twenty-foot-long area designated as a loading zone. During weekdays between the hours of 7:30 a.m. and 3:30 p.m., parking in the loading zone shall be restricted to a period of time not to exceed 15 minutes in which occupied vehicles may be parked where students are being picked up or dropped off at the school grounds.[4]
[Added 9-4-2003 by Ord. No. 23-03]
[4]
Editor's Note: Former Subsection B(14), prohibiting parking on a portion of the west side of Union Street, added 6-5-2003 by Ord. No. 18-03, was repealed 8-18-2003 by Ord. No. 24-03.
(15) 
Parking shall be prohibited on the east side of Remmel Drive from the intersection with Linmar Lane north for a distance of 215 feet.
[Added 12-4-2003 by Ord. No. 36-03]
(16) 
Parking shall be prohibited on the west side of Union Street from the intersection with Milwaukee Street and Aztalan Street north for a distance of 201 feet.
[Added 12-4-2003 by Ord. No. 36-03]
(17) 
Parking shall be limited to two hours from 8:00 a.m. to 5:00 p.m. weekdays, excluding holidays, on the south side of Milwaukee Street in front of 111 and 113 Milwaukee Street and on the north side of Milwaukee Street in front of 110-112 and 114-118 Milwaukee Street.
[Added 8-5-2004 by Ord. No. 30-04]
(18) 
Parking shall be prohibited on the south side of Swap Street as follows: 20 feet west of the stop sign at the intersection of Swap Street and South Street, and 96 feet west of the intersection of Swap Street and South Street (10 feet east of the driveway) a distance of 86 feet (to 10 feet west of the Swap Street Apartment mailboxes).
[Added 11-4-2004 by Ord. No. 36-04]
(19) 
Parking shall be prohibited on the north and south sides of Aztalan Street from Union Street west to the Village limits.
[Added 12-2-2004 by Ord. No. 37-04]
(20) 
Parking shall be prohibited in the circular area of the Paradise Lane and Resort Drive culs-de-sac, beginning 10 feet before the start and end of each cul-de-sac.
[Added 6-12-2006 by Ord. No. 17-06]
(21) 
Parking shall be prohibited on the east side of Village Walk Lane from the end of the street surface south to the Culver’s Restaurant driveway from November 30 through April 15.
[Added 1-4-2006 by Ord. No. 01-06]
(22) 
Parking shall be prohibited on both sides of Deer Crossing, between Wright Road and Red Fox Trail.
[Added 6-26-2006 by Ord. No. 23-06; amended 8-13-2007 by Ord. No. 15-07; 10-27-2008 by Ord. No. 22-08]
(23) 
Parking shall be prohibited on the south side of West Street.
[Added 12-11-2006 by Ord. No. 35-06]
(24) 
Parking shall be prohibited on the south side of Lincoln Street from the intersection with North Watertown Street extending west for a distance of 30 feet.
[Added 8-23-2010 by Ord. No. 13-10]
(25) 
Parking shall be prohibited on the West side of Chapel Hill Drive beginning at the intersection of West Street and Chapel Hill Drive and extending for a distance of 150 feet, and, on the east side of Chapel Hill Drive beginning at the intersection of West Street and Chapel Hill Drive and extending a distance of 110 feet.
[Added 10-22-2018 by Ord. No. 6-18]
(26) 
Parking shall be prohibited on the east side of Union Street from the intersection with Lincoln Street extending south for a distance of 75 feet.
[Added 3-18-2019 by Ord. No. 3-19]
(27) 
Parking shall be prohibited on both sides of Pheasant Run beginning at the intersection of Pheasant Run and Wright Road, and extending west a distance of 350 feet.
[Added 11-25-2019 by Ord. No. 05-19]
(28) 
Parking of motor vehicles with a weight class exceeding 8,000 pounds and trailers exceeding 10 feet in box or cargo area length, whether attached or detached from a motor vehicle, is prohibited on all Village streets between the hours of 9:00 p.m. and 8:00 a. m. This prohibition shall not apply on those Village streets designated and posted as permitting the parking of motor vehicles with a weight class exceeding 8,000 pounds, together with any attached trailer.
[Added 11-25-2019 by Ord. No. 05-19]
C. 
Penalties. Violations of the parking restrictions set forth in Subsections A and B shall be subject to a penalty as provided in Chapter 60, Penalties.
[Added 7-8-2003 by Ord. No. 20-03]
D. 
Parking prohibited in winter months.
[Amended 7-2-1997 by Ord. No. 9-97; 7-8-2003 by Ord. No. 20-03; 1-28-2013 by Ord. No. 01-13]
(1) 
Snow emergency parking. Whenever, in the judgment of the Street Superintendent or the Police Chief, snow, freezing rain, sleet, ice, snow drifts or other natural phenomena create or are likely to create hazardous road conditions or road conditions impeding or likely to impede snow removal efforts or the free movement of vehicular traffic, including, but not limited to, emergency vehicles and public transportation vital to the health, safety and welfare of the community, the Street Superintendent or Police Chief, or a designee thereof, shall have the authority to declare a snow emergency.
(a) 
Media declaration. Snow emergencies shall be declared by the Street Superintendent or Police Chief, or a designee thereof, by an announcement through appropriate public media.
(b) 
Duration. A snow emergency declared under this section shall remain in effect for a period of 48 hours unless extended by the Street Superintendent or Police Chief, or a designee thereof, through a second media declaration under Subsection D(1)(a), or unless cancelled earlier by the Street Superintendent or Police Chief or a designee thereof.
(c) 
Parking restrictions during snow emergencies. Whenever a snow emergency exists and has been declared pursuant to Subsection D(1)(a), no person shall park, stop or leave any vehicle on any Village streets or alleys.
(2) 
Parking restrictions in absence of declaration of snow emergency. At any time where one inch or more of snow has accumulated prior to 10:00 p.m., no vehicle may be parked, stopped or left on any Village street or alley between the hours of 2:30 a.m. and 7:00 a.m. the following day, or until the streets or alleys have been cleared curb to curb or edge to edge of the pavement, whichever occurs later, so as to allow employees of the Village to remove the accumulated snow from the streets and alleys or undertake other safety measures, such as the application of salt and/or sand to the Village street or alley surfaces. In the event one inch or more of snowfall accumulates after 10:00 p.m., no vehicle may be parked, stopped, or left standing on any Village street or alley between the hours of 2:30 a.m. and 7:00 a.m. of the second day following the snowfall. By way of example, but without limitation, if it begins snowing at 5:00 p.m. on December 1 and by 10:00 p.m. of December 1, one inch or more of snow has accumulated, no vehicles may be parked, stopped or left on any Village streets or alleys between 2:30 a.m. and 7:00 a.m. on December 2. If, however, it begins snowing after 10:00 p.m. on December 1 and continues snowing until 2:00 a.m. on December 2, resulting in snow accumulation of one inch or more, no vehicles maybe parked, stopped or left on any Village streets or alleys between 2:30 a.m. and 7:00 a.m. on December 3.
(3) 
Penalties. Any person violating any provision of this subsection shall be subject to a forfeiture as provided in Chapter 60, Penalties. If any vehicle shall be parked, stopped or left in violation of this section, the Police Department may, in addition to issuing a parking citation, order such vehicle towed from the street at the owner's expense. All costs of towing shall be paid by the owner of operator of the vehicle in addition to the forfeiture imposed.[5]
[5]
Editor's Note: Original § 40.04(4), regarding overnight parking, which immediately followed this subsection, was repealed 7-8-2003 by Ord. No. 20-03.
E. 
Restriction of parking on Depot Street. No person shall park a vehicle on Depot Street, except in a municipal parking area, which shall be located on the west side of Depot Street between the intersections of Depot Street and Milwaukee Street and Depot Street and Union Street. The municipal parking areas and the parking spaces shall be clearly marked, and all vehicles shall be parked within the limits of the parking spaces.
F. 
Use of municipal parking area by trucks. No person shall park a truck or other motor vehicle having a gross weight of 5,000 pounds or more in the municipal parking area on Depot Street between the hours of 6:00 p.m. on Friday and 6:00 a.m. on Monday.
G. 
(Reserved)[6]
[6]
Editor's Note: Former Subsection G, Parking on school grounds, was repealed 1-22-2007 by Ord. No. 01-07.
H. 
Restriction of parking near crosswalks. No person shall park a vehicle within 15 feet of any crosswalk which has been marked or otherwise designated as a crosswalk.
I. 
Parking on left side of street. Except where otherwise permitted by statute or ordinance, no person shall stop or leave standing any vehicle on the left side of any street or highway.
J. 
Temporary parking. The Village Board may from time to time establish parking zones where parking shall be permitted for periods not to exceed 30 minutes. Such zones may be established by motion approved by the Village Board and shall be effective from and after posting of the zones so as to notice the general public of the temporary parking restrictions.
K. 
Restrictions on parking of semitractors, semitrailers and unattached trailers. No person shall park a semitractor, semitrailer or unattached trailer on any Village street or other public right-of-way.
[Amended 10-7-2004 by Ord. No. 35-04]
[Amended 7-8-2003 by Ord. No. 20-03]
The operator of any vehicle involved in an accident shall, within 10 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 made subject to the provisions and limitations in §§ 346.70(4)(f) and 346.73, Wis. Stats.
[Amended 12-5-1997 by Ord. No. 14-97; 7-8-2003 by Ord. No. 20-03]
A. 
Definitions. For purposes of this section, the following definitions shall be applicable:
STREET
Any public highway or alley and shall mean the entire width between the boundary lines of any public way where any part thereof is open to the public for purposes of vehicular traffic.
UNATTENDED
Unmoved from its location with no obvious sign of continuous human use.
VEHICLE
A motor vehicle, trailer, semitrailer or mobile home, whether or not such vehicle is registered under Wisconsin law.
B. 
Abandonment and storage of vehicles.
[Amended 8-5-2004 by Ord. No. 26-04]
(1) 
Abandonment of vehicles on public property prohibited. No person shall leave unattended any motor vehicle, trailer, semitrailer, tractor, mobile home, farm machinery or recreational vehicle on any public street or highway or other public property in the Village of Johnson Creek for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. Whenever any such vehicle has been left unattended on any street or highway or upon any public property in the Village of Johnson Creek without Village permission for more than 72 hours, the vehicle shall be deemed abandoned and constitutes a public nuisance.
(2) 
Storage of junked vehicles on private property. No disassembled, inoperable, unlicensed, junked or wrecked motor vehicles, truck bodies, tractors, trailers, farm machinery, or unattached parts of the foregoing shall be stored unenclosed outside a building upon private property within the Village for a period exceeding 30 days, unless such disassembled, inoperable, unlicensed, junked or wrecked motor vehicles, truck bodies, tractors, trailers, farm machinery or unattached parts thereof are stored in connection with an authorized business enterprise located on a properly zoned area and maintained in such a manner as to not constitute a public nuisance.
(3) 
Abandonment of vehicles at North Watertown Street Park-and-Ride Lot. No person shall leave unattended any motor vehicle, trailer, semitrailer, tractor, mobile home, farm machinery or recreational vehicle on the North Watertown Street Park-and-Ride Lot for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. Whenever any such vehicle has been left unattended at the North Watertown Street Park-and-Ride Lot for a period exceeding 10 consecutive days, the vehicle shall be deemed abandoned and constitutes a public nuisance.
(4) 
Storage of vehicles on unpaved surfaces is prohibited. No person shall leave unattended, park, and/or store, on a regular basis, any vehicle in a front, rear or side yard, excepting a driveway, of any residential, commercial or central business district property, where the surface is unpaved.
[Added 10-12-2009 by Ord. No. 15-09]
C. 
Exceptions. This section shall not apply to a vehicle in an enclosed building or a vehicle stored on a premises licensed for storage of junk or junked vehicles and fully in compliance with Village zoning regulations or to a vehicle parked in a paid parking lot or space where the required fee has been paid.
D. 
Removal and impoundment of vehicles. Any vehicle in violation of this section shall be removed and impounded until lawfully claimed or disposed of by the owner. All charges for towing and storage shall be paid by the owner of the vehicle before the vehicle is released.
A. 
State snowmobile laws adopted.
(1) 
Except as otherwise specifically provided in this chapter, the statutory provisions describing and defining regulations with respect to snowmobiles in the following enumerated sections of the Wisconsin Statutes are hereby adopted by reference and made part of this chapter as if fully set forth herein. Acts required to be performed or prohibited by such statutes are required or prohibited by this chapter.
345.11(1m)
Uniform traffic citation
346.02(10)
Applicability to snowmobiles
350.01
Definitions
350.02
Operation of snowmobiles on or in the vicinity of highways
350.03
Right-of-way
350.04
Snowmobile races, derbies and routes
350.045
Public utility exemption
350.047
Local ordinance to be filed
350.05
Operation by youthful operators restricted
350.055
Safety certification program established
350.07
Driving animals
350.08
Owner permitting operation
350.09
Head lamps, tail lamps and brakes, etc.
350.10
Miscellaneous provisions for snowmobile operation
350.101
Intoxicated snowmobiling
350.102
Preliminary breath screening test
350.1025
Application of intoxicated snowmobiling law
350.103
Implied consent
350.104
Chemical tests
350.106
Report arrest to Department
350.107
Officers' action after arrest for operating a snowmobile while under influence of intoxicant
350.108
Public education program
350.11
Penalties
350.12
Registration of snowmobiles; trail use stickers
350.125
Completion of application for registration by snowmobile dealers
350.13
Uniform trail signs and standards
350.135
Interferences with uniform trail signs and standards prohibited
350.14
Duties of Snowmobile Recreational Council
350.15
Accidents and accident reports
350.155
Coroners and medical examiners to report; require blood specimen
350.17
Enforcement
350.18
Local ordinances
350.19
Liability of landowners
350.99
Parties to a violation
885.235(1)
Chemical tests for intoxication
(2) 
The adoption of § 346.02(10), Wis. Stats., by reference is intended to include the rules of the road therein enumerated which are as follows: §§ 346.04, 346.06, 346.11, 346.14(1), 346.18 to 346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46 to 346.48, 346.50(1)(b), 346.51 to 346.55, 346.87 to 346.91, 346.92(1) and 346.94(1) and (9), Wis. Stats.
B. 
Snowmobile trails designated.
(1) 
Except as provided in §§ 350.02 and 350.045, Wis. Stats., or for snowmobile events authorized in accordance with § 350.05, Wis. Stats., no person shall operate a snowmobile upon any public right-of-way in any public park, golf course, public walking trail or any public municipal property in the Village, except upon the following designated snowmobile trails or access routes:
[Amended 6-12-2006 by Ord. No. 19-06]
(a) 
Operation of snowmobiles on marked trails "A" and "B" as depicted and limited on the maps of the Village herein referred to is authorized in the Village Industrial Park and recreational and other public areas subject to the approval of the Protection and Welfare Committee of the Village Board, and such operation is recognized upon private property subject to the consent of the individual owner or lessee.
(2) 
The location of snowmobile trails "A" and "B" as referred to herein is established as shown on the map titled "Snowmobile Map, Village of Johnson Creek, Jefferson County, Wisconsin," dated December 8, 1983, which shall be kept on file by the Village Clerk-Treasurer and shall be open to inspection at the Village Hall. The Village Board may by motion from time to time amend or modify the designated snowmobile trails. The Village Clerk-Treasurer shall file copies of any amended or modified snowmobile trail map with the Jefferson County Sheriff's Department and the Police Chief as well as such other agencies as may be required by statute or administrative regulation. All notations and references shown on the Snowmobile Map are as much a part of this chapter as those specifically described herein, whether such notations and references are in existence at this time or are approved by motion of the Village Board subsequent hereto.
(3) 
No person shall fail to obey any route or trail sign, marker or limit erected in accordance with this section.
C. 
Additional regulations.
(1) 
Speed. No person shall operate a snowmobile on any trail designated in Subsection B or in any public park or recreation area at a speed in excess of the posted limit or 30 miles per hour, whichever is the lower.
(2) 
Hours of operation. No person shall operate a snowmobile within the Village on Trail "A" between the hours of 2:00 a.m. and 7:00 a.m. on Saturdays or Sundays.
(3) 
Unattended snowmobiles. No person shall leave or allow a snowmobile to remain unattended on any public highway or public property while the motor is running or with the starting key in the ignition.
(4) 
Operation on sidewalks and malls prohibited. No person shall operate a snowmobile on any sidewalk, pedestrianway or mall within the Village, except as specifically authorized by Subsection B or for the purpose of crossing to obtain immediate access to an authorized area of operation.[1]
[1]
Editor's Note: Original § 40.07(4), Snowmobile renters licensed, which immediately followed this subsection, was deleted 7-8-2003 by Ord. No. 20-03.
A. 
The Protection and Welfare Committee of the Village Board authorized to procure and erect signs and signals. The Protection and Welfare Committee of the Village Board is hereby authorized and directed to procure, erect and maintain appropriate standard traffic signs, signals and markings conforming to the rules of the State Department of Transportation giving such notice of the provisions of this chapter as required by state law. Signs shall be erected in such locations and manner as the Protection and Welfare Committee of the Village Board shall determine will best effect the purposes of this chapter and give adequate warning to users of the street or highway.
[Amended 7-8-2002 by Ord. No. 4-02; 7-8-2003 by Ord. No. 20-03]
B. 
Removal of unofficial signs and signals. The Protection and Welfare Committee of the Village Board shall have the authority granted by § 349.09, Wis. Stats., and is hereby directed to order the removal of a sign, signal, marking or device placed, maintained or displayed in violation of this section or § 346.41, Wis. Stats. Any charge imposed on a premises for removal of such an illegal sign, signal or device shall be reported to the Village Board at its next regular meeting for review and certification.
C. 
Unauthorized removal or defacing of signs. No person shall remove, deface or otherwise alter any standard traffic sign, signal, marking or device without the express written permission of the Protection and Welfare Committee of the Village Board. Violation of this subsection will be subject to a penalty as provided in Chapter 60, Penalties.
[Amended 7-8-2003 by Ord. No. 20-03]
D. 
School crossing guard. The Village Board, in accordance with the provisions of Wis. Stat. § 349.215, authorizes the Johnson Creek School District, at its sole expense, to appoint adult school crossing guards for the protection of students and persons who are crossing highways and streets in the vicinity of any school operated by the Johnson Creek School District. The school crossing guards shall wear insignias or uniforms which designate them as school crossing guards and shall be equipped with signals or signs to direct traffic to stop at school crossings.
[Added 9-4-2003 by Ord. No. 27-03]
A. 
Streets designated.
(1) 
Pursuant to the authority granted by § 349.17, Wis. Stats., the following streets in the Village of Johnson Creek are hereby designated as heavy traffic routes:
(a) 
Aztalan Street.
(b) 
Union Street from a point at which Union Street intersects with Aztalan Street.
(c) 
Depot Street.
(d) 
Milwaukee Street.
(e) 
Grell Lane.
(f) 
Bobcat Lane.
(g) 
Watertown Street from a point at which Watertown Street intersects with Bobcat Lane north to the northern terminus of Watertown Street.
(h) 
Gosdeck Lane.
[Added 6-25-2007 by Ord. No. 10-07]
(i) 
Midge Street.
[Added 6-25-2007 by Ord. No. 10-07]
(j) 
River Drive from Hwy 26 west to Hwy Y.
[Added 7-23-2007 by Ord. No. 12-07]
(2) 
As used herein, the term "heavy traffic" shall mean all vehicles not operating completely on pneumatic tires and all vehicles or combination of vehicles, other than motor buses, designed or used for transporting property of any nature and having a gross weight of more than 6,000 pounds.
B. 
Heavy traffic prohibited on streets other than heavy traffic routes. No person shall operate and no person shall employ or otherwise direct any other person to operate a vehicle as defined herein on any Village street other than a Village street designated herein as being a part of the heavy traffic route.
C. 
Deliveries. Notwithstanding anything contained herein to the contrary, an operator of a motor vehicle may use any street or highway for the purpose of obtaining orders for supplies or moving or delivering supplies or commodities to or from any place of business or residence which has an entrance on any street located within the Village of Johnson Creek when it is necessary for the operator of a vehicle meeting the definition of a heavy traffic vehicle as provided herein to leave the designated heavy traffic route for the purpose of obtaining orders for supplies or moving or delivering supplies or commodities to or from any place of business or residence which has an entrance on a street located in the Village. Such operator shall leave and re-enter such heavy traffic route at the point closest to his immediate destination.
D. 
Penalty. Any person violating the provisions of this section shall, upon conviction thereof, be subject to a forfeiture as provided in Chapter 60, Penalties, together with the costs of prosecution, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail for a period not exceeding 30 days.
[Amended 7-8-2003 by Ord. No. 20-03]
[Amended 7-8-2003 by Ord. No. 20-03]
A. 
State speed limits adopted. 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 specified by Subsection B hereof pursuant to § 349.11(3)(c), Wis. Stats.
B. 
Speed limits modified.
(1) 
Aztalan Street.
[Amended 10-2-2003 by Ord. No. 33-03]
(a) 
Twenty-five miles per hour: Beginning at the intersection with Jefferson Street and proceeding southwesterly on Aztalan Street 850 feet.
(b) 
Thirty-five miles per hour: From a point 850 feet southwest of the intersection with Jefferson Street for a distance of 1,100 feet.
(c) 
Forty-five miles per hour: From a point 1,950 feet southwest of the intersection with Jefferson Street to the Village limits.
(2) 
Thirty-five miles per hour: River Drive, beginning at the intersection with County Y (Union Street extended) to the intersection of Waldmann Lane.
(3) 
Thirty-five miles per hour: North Watertown Street (Old STH 26), beginning at the intersection with Linmar Lane to the intersection of STH 26.
(4) 
Fifteen miles per hour when children are present: Union Street, between Lincoln Street and Depot Street.
[Added 6-12-2006 by Ord. No. 18-06]
(5) 
Fifteen miles per hour when Little League games are in progress in Hunters Glen Park on Red Fox Drive.
[Added 6-26-2006 by Ord. No. 24-06]
C. 
Speed limit in school parking lots.
(1) 
No person shall operate a motor vehicle on any parking lot maintained by the Johnson Creek School District at a rate of speed greater than five miles per hour.
(2) 
Any person violating this section shall forfeit an amount as provided in § 346.60, Wis. Stats., plus court costs.
(3) 
This section is enacted by the Village Board in accordance with the provisions of § 118.105, Wis. Stats., and its enforcement by the Village is expressly conditioned upon the prompt reimbursement by the Johnson Creek School District of all costs incurred by the Village in enforcing the provisions of this section.
A. 
State laws adopted.
(1) 
Except as otherwise specifically provided in this chapter, the statutory provisions describing and defining regulations with respect to vehicles in the following enumerated sections of the Wisconsin Statutes are hereby adopted by reference and made part of this chapter as if fully set forth herein. Acts required to be performed or prohibited by such statutes are required or prohibited by this chapter.
(a) 
Section 23.33, All-terrain vehicles.
(b) 
Section 345.11(1r), Uniform traffic citation.
(c) 
Section 346.02(11), Applicability to all-terrain vehicles.
(d) 
Section 885.235(1), Chemical tests for intoxication.
(2) 
The adoption of § 346.02(11), Wis. Stats., by reference is intended to include the rules of the road therein enumerated which are as follows: §§ 346.04, 346.06, 346.11, 346.14(1), 346.18 to 346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46 to 346.48, 346.50(1)(b), 346.51 to 346.55, 346.71, 346.87 to 346.91, 346.92(1) and 346.94(1) and (9), Wis. Stats.
B. 
All-terrain vehicle trails designated. Except as provided in § 23.33, Wis. Stats., no person shall operate an all-terrain vehicle upon any public right-of-way in any public park, golf course, public walking trail or any public municipal property in the Village.
[Amended 6-12-2006 by Ord. No. 19-06]
C. 
Definitions. For the purposes of this section "all-terrain vehicle" means either of the following:
(1) 
An engine-driven device which has a net weight of 650 pounds or less, has a width of 48 inches or less, which is equipped with a seat designed to be straddled by the operator and which is designed to travel on three or more low-pressure tires. A low-pressure tire is a tire which has a minimum width of six inches, which is designed to be mounted on a rim with a maximum diameter of 12 inches and which is designed to be inflated with an operating pressure not to exceed six pounds per square inch as recommended by the manufacturer.
[Amended 7-8-2003 by Ord. No. 20-03]
(2) 
A motor vehicle which is capable of speeds in excess of 10 miles per hour with a one-hundred-fifty-pound rider on a dry, level, hard surface with no wind, with a power source as an integral part of the vehicle and which meets the conditions under Subsection C(2)(a) or (b):
(a) 
A motor vehicle which meets either of the following conditions:
[1] 
It is designed and built with two wheels and tandem and a seat for the operator and may be modified to have no more than three wheels by attaching a side car to one side of the wheels and tandem without changing the location of the power source.
[2] 
It is designed and built to have no more than three wheels and seating for the operator and no more than three passengers and does not have the operator area enclosed.
(b) 
A motor vehicle designed and built to have at least three wheels in contact with the ground, a curb weight of less than 1,500 pounds, a passenger and operator area with sides permanently enclosed and rigid construction and a top which may be convertible.
No person shall operate a motor bike or dirt bike which is propelled by an internal combustion engine or motor unless the motor bike or dirt bike is licensed in accordance with regulations of the state so as to permit the operator to use the motor bike or dirt bike on a public highway or right-of-way. The operation of a motor bike or dirt bike is prohibited on both public and private property, except as provided in this section. The Village Board finds that the operation of such vehicles constitutes a public nuisance.
[Added 7-12-2001 by Ord. No. 13-01]
It is unlawful for any person to operate a motor vehicle with a dynamic braking device engaged, except for the aversion of imminent danger, anywhere within the Village limits. As used in this section, the term "dynamic braking device" shall mean those braking devices commonly referred to as an "engine brake" or "compression brake," which is a device primarily used on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes.
[Added 9-7-2000 by Ord. No. 10-00]
A. 
This section shall apply to all premises held out to the public for use, whether such premises are publicly or privately owned, and whether a fee is charged for the use thereof. This section shall not apply to any street or highway.
B. 
No person shall operate a motor vehicle on such premises:
(1) 
Across parking stalls indicated by painted lines.
(2) 
In a manner commonly referred to as "spinning doughnuts," wherein the vehicle is driven rapidly in a tight circle.
(3) 
The wrong way in a driving lane where such wrong way is indicated by painted arrows or by the entry angle of adjoining parking stalls, or left of a marked center line in a driving lane.
(4) 
Without stopping for a stop sign posted on such premises. The stop required hereunder is defined in § 346.46(2), Wis. Stats.
(5) 
At a speed in excess of posted limits.
(6) 
At a speed greater than is reasonable and prudent under the conditions, and having regard for the actual and potential hazards then existing. The speed of a vehicle shall be so controlled as may be necessary to avoid colliding with any object, person, vehicle, or other conveyance on such premises and in compliance with legal requirements and using due care.
C. 
No person shall park, stop, or leave standing a motor vehicle, whether attended or unattended, and whether temporarily or otherwise, upon any of the following designated areas of such premises:
[Amended 7-8-2003 by Ord. No. 20-03]
(1) 
Upon any portion of such premises where stopping or standing is prohibited by appropriate signs indicating the prohibition of any stopping or standing.
(2) 
Except for a motor vehicle used by physically disabled persons, as defined under § 346.503(1), Wis. Stats., upon any portion of such premises reserved by official traffic signs indicating the restriction to vehicles used by a physically disabled person.
[Added 3-10-2008 by Ord. No. 01-08[1]; amended 4-28-2008 by Ord. No. 06-08[2]]
This section is adopted pursuant to the authority set forth in § 349.26, Wis. Stats., and adopted for the protection of the public health, benefit and welfare of the Village.
A. 
Definitions and requirements.
(1) 
Neighborhood electric vehicle (NEV) means a self-propelled motor vehicle that has successfully completed the Neighborhood Electric Vehicle America test program conducted by the federal Department of Energy and that conforms to the definition and requirements 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.
(2) 
NEVs shall be four-wheeled and have a speed range of at least 20 miles per hour and not more than 35 miles per hour and shall be equipped with the following:
(a) 
A vehicle identification number (VIN) that complies with federal law (49 CFR 565).
(b) 
Meets the general test conditions under 49 CFR 571.50056.
(c) 
A Type 1 or Type 2 seatbelt assembly conforming to 49 CFR 571.209 and Federal Motor Safety Standard No. 209 for each designated seating position.
(d) 
A windshield that conforms to the requirements of the federal motor vehicle safety standard on glazing materials (49 CFR 571.205).
(3) 
Subsection A(1) and (2) are subject to the approval of Wisconsin Department of Transportation as outlined in § 349.26(3), Wis. Stats., as from time to time amended or renumbered.
B. 
Permitted users of neighborhood electric vehicles. To use an NEV on Village streets, the individual driver must have a valid Wisconsin driver's license.
C. 
Permitted use of neighborhood electric vehicles on Village streets. Any driver meeting the requirements of Subsections A and B above may operate a licensed NEV on the Village streets having a posted speed limit of 35 miles per hour or less, with the following exceptions:
(1) 
Neighborhood electric vehicles may cross the following connecting county trunk highways within the Village of Johnson Creek highway jurisdiction, regardless of the speed limit upon the connecting highway, but only at public intersections:
(a) 
County Trunk Highway B crossings at: Wright Road and Watertown Street.
(b) 
County Trunk Highway Y crossing at: Watertown Street.
(2) 
A neighborhood electric vehicle may be used upon the following county trunk highways within the Village of Johnson Creek highway jurisdiction:
(a) 
County Trunk Highway B: from Stonefield Drive to Grell Lane and from Wright Road/Deer Crossing to Mark Drive.
(b) 
County Trunk Highway Y: From Anderson Street to River Drive.
(3) 
All operations of NEVs on State Highway 26 that are outside the jurisdictional limits listed in Subsection C(1) and (2) are prohibited.
(4) 
All operations of NEVs on County Trunk Highway B and County Trunk Highway Y that are outside the jurisdictional limits above in Subsection C(1) and (2) are prohibited.
D. 
Operation of neighborhood electric vehicles. NEVs shall comply with all state and local traffic laws, including but not limited to Chapter 221 of the Village Code of Ordinances, and owners and operators of NEVs shall be subject to citations and forfeitures for any such violation.
E. 
License.
(1) 
Neighborhood electric vehicles shall be licensed by the Wisconsin Department of Transportation.
(2) 
The license shall be displayed on the rear of the NEV.
F. 
Enforcement. Any person who violates any provision of this section shall be subject to forfeiture as provided in § 221-19 of this chapter.
G. 
Violation: penalty.
(1) 
Each violation of this chapter shall result in the issuance of citation and the payment to the Village of a forfeiture as provided in the Village Code of Ordinances § 60-23G by the violator, together with the applicable state penalty and other surcharges, and court costs.
(2) 
Each violation of a state or local traffic code not contained within this chapter shall subject the operator of the NEV to the citations and penalties set forth for such violations in the applicable state statutes and Village ordinances.
H. 
Severability. If any portion of this ordinance, or its application to any person or circumstances, is held invalid, the validity of this section as a whole, or any other provision herein and its application to other persons or circumstances, shall not be affected.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 221-14, Violations and penalties, and § 221-15, Enforcement, as §§ 221-18 and 221-19, respectively, and for the addition of §§ 221-15 through 221-17 as reserved sections.
[2]
Editor's Note: This ordinance again provided for the renumbering of former §§ 221-14 and 221-15 as §§ 221-18 and 222-19, respectively and the addition of §§ 221-15 through 221-17 as reserved sections, as originally provided for in Ord. No. 01-08.
[Added 12-12-2011 by Ord. No. 15-11]
A. 
Costs of towing. If it becomes necessary for a motor vehicle to be towed for any reason pursuant to an order of the Village of Johnson Creek Police Department, the owner or operator of the motor vehicle, in addition to the actual costs of towing, shall be responsible to pay an administrative removal charge for expenses incurred by the Village. The amount of the charge shall be determined by ordinance adopted by the Village Board from time to time.
B. 
Payment (see Chapter 33-1, Fees). Due to costs associated with storage of towed motor vehicles, payment of the administrative removal charge established by this section shall not be a condition precedent to the release of the motor vehicle. The Village shall invoice the owner or operator for the administrative removal charge, and if not paid within 15 days of the date of the invoice, the Village shall use all means available to collect the administrative removal charge, including but not limited to the State of Wisconsin tax intercept program.
The penalty for violation of any provision of this chapter shall be a forfeiture and penalty assessment if required by § 757.05, Wis. Stats., a jail assessment if required by § 302.46(1), Wis. Stats., plus any applicable fees prescribed in Ch. 814, Wis. Stats.
A. 
Uniform offenses. Forfeitures for violation of any provision of Chs. 341 to 348, Wis. Stats., adopted by reference in § 221-1 or 221-6A of this chapter and any provisions of Ch. 350, Wis. Stats., adopted by reference in § 221-6A shall conform to forfeitures for violation of the comparable state offense, including any variations or increases for second offenses, together with the costs of prosecution, and in default of payment any person convicted of such violation may be imprisoned in the county jail until such forfeiture and costs are paid, but not to exceed 90 days.
B. 
Special local regulations. The forfeiture for violation of §§ 221-3I, 221-4, 221-5 and 221-6B and C shall be as provided in Chapter 60, Penalties.
C. 
Miscellaneous. The forfeiture for violation of any provision of § 221-1B shall be as provided in Chapter 60, Penalties.[1]
[1]
Editor's Note: Original § 40.19(4), Parking, which immediately followed this subsection, as amended 6-3-1999 by Ord. No. 8-99, was repealed 7-8-2003 by Ord. No. 20-03.
This chapter shall be enforced in accordance with the provisions of §§ 23.33, 66.0114, 345.11 to 345.61, 350.17 and Ch. 799, Wis. Stats.
A. 
Petition to reopen judgment. Whenever a person has been convicted in this state on the basis of a forfeiture of deposit or a plea of guilty or no contest and the person was not informed as required under § 345.27(1) and (2), Wis. Stats., the person may, within 60 days after being notified of the revocation or suspension of the operating privilege, petition the court to reopen the judgment and grant him an opportunity to defend on merits. If the court finds that the petitioner was not informed as required under § 345.27(1) and (2), the court shall order the judgment reopened. The court order reopening the judgment automatically reinstates the revoked or suspended operating privilege.
B. 
Deposits.
(1) 
Any person arrested for a violation of this chapter may make a deposit of money as directed by the arresting officer at the Police Department or the office of the clerk of court or by mailing the deposit to such places. The arresting officer or the person receiving the deposit shall notify the arrested person, orally or in writing, that:
(a) 
If the person makes a deposit for a violation of a traffic regulation, the person need not appear in court at the time fixed in the citation and the person will be deemed to have tendered a plea of no contest and submitted to a forfeiture and penalty assessment if required by § 757.05, Wis. Stats., plus any applicable fees prescribed in Ch. 814, Wis. Stats., not to exceed the amount of the deposit that the court may accept as provided in § 345.37, Wis. Stats.
(b) 
If the person fails to make a deposit for a violation of a traffic regulation or appear in court at the time fixed in the citation, the court may enter a default judgment finding the person guilty of the offense or issue a warrant for his arrest.
(2) 
The amount of the deposit shall be determined in accordance with the Revised Uniform State Traffic Deposit Schedule established by the Wisconsin Judicial Conference and shall include the penalty assessment established under § 757.05, Wis. Stats., and court costs. If a deposit schedule has not been established, the arresting officer shall require the alleged offender to deposit the forfeiture established by the Police Chief, which shall include the penalty assessment established under § 757.05, Wis. Stats. Deposits for moving violations shall not include the penalty assessment.
C. 
Notice of demerit points and receipt. Every person accepting a forfeited penalty or money deposit under this chapter shall receipt therefor 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 §§ 343.28 and 345.26(1)(a), Wis. Stats., and shall require the alleged violator to sign a statement of notice in substantially the form contained on the traffic citation promulgated under § 345.11, Wis. Stats.
D. 
Forfeiture in treasury; officer to qualify. Any officer accepting deposits or forfeited penalties under this chapter shall deliver them to the Village Clerk-Treasurer within seven 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.
E. 
Nonmoving violation and registration program. Pursuant to the provisions of § 345.28(4), Wis. Stats., the Village elects to participate in the nonmoving traffic violation and registration program of the Wisconsin Department of Transportation and pay the costs established by the Department under § 85.13, Wis. Stats. Such costs shall, in turn, be assessed against persons charged with nonmoving traffic violations. The Village Attorney shall be responsible for complying with the requirements set forth in § 345.28(4), Wis. Stats.