[HISTORY: Adopted by the Town Board of the
Town of Lake Tomahawk 5-11-1988 as Ch. 7 of the 1988 Code. Amendments
noted where applicable.]
Except as otherwise provided in this chapter,
the statutory provisions in Chs. 340 to 348, Wis. Stats., describing
and defining regulations with respect to vehicles and traffic, 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 in this chapter by reference is required or prohibited
by this chapter. Any future amendments, revisions or modifications
of 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.
A.
Chief of Police responsible. The Chief of Police shall
procure, erect and maintain appropriate standard traffic signs, signals
and markings conforming to the rules of the State Department of Transportation
giving notice of the provisions of this chapter as required by state
law. Signs shall be erected in such locations and in such manner as
the Town Board determines will best effect the purposes of this chapter
and give adequate warning to users of the streets and highways.
B.
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.
A.
State snowmobile laws adopted. Except as otherwise specifically provided in this chapter the statutory provisions of Ch. 350, Wis. Stats., describing and defining regulations with respect to snowmobiles, 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 in this chapter by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of statutes incorporated herein are intended to be made a part of this chapter in order to secure uniform statewide regulation of snowmobiles.[1]
B.
Permitting operation by improper persons prohibited.
No owner or person having charge or control of a snowmobile shall
authorize or permit any person to operate such snowmobile who is not
permitted under State law to operate such snowmobile or who is under
the influence of an intoxicant or controlled substance.
C.
Operation while under influence prohibited. Section
346.63, Wis. Stats., including any future amendments, shall apply
to the operation of a snowmobile anywhere within the Town.
D.
Written consent of owner required. The consent required
under § 350.10(1)(f), (k), (l) and (m), Wis. Stats., shall
be written consent dated and limited to the year in which the consent
is given. If the property is owned or leased by more than one person
the consent of each shall be obtained.
E.
Snowmobile access.
[Added 5-10-2006]
(1)
Intent. The intent of this subsection is to provide
a means for persons to travel from a residence and lodging establishment
within the limits of The Town of Lake Tomahawk, Oneida County, Wisconsin,
for the shortest distance that is necessary for a person to operate
a snowmobile to the snowmobile route or trail that is closest to that
residence and lodging establishment.
(2)
Statutory authority. This subsection is adopted as
authorized under § 350.18(3)(a), Wis. Stats.
(3)
Designated roadways and/or highways. No person shall
operate a snowmobile on a roadway or shoulder of a highway not designated
as a snowmobile route other than the following: See Attachment A.[2]
[2]
Editor's Note: Exhibit D, Road Crossings, is included at the end of this chapter.
(4)
Conditions. This subsection designates the roadways
and/or shoulders of specific highway for snowmobile travel by persons
residing in or staying at a lodging establishment within the limits
of Town of Lake Tomahawk, Oneida County, Wisconsin, to travel for
the shortest distance that is necessary to reach the snowmobile trail
or route that is closest to that residence or lodging establishment
subject to the following conditions:
(5)
Speed. A snowmobile operated on a portion of the roadway
or shoulder of a highway pursuant to this subsection shall be no greater
than 20 miles per hour.
(6)
Enforcement. This subsection shall be enforced by
any law enforcement officer of the Town of Lake Tomahawk, Oneida County,
Wisconsin, and the Department of Natural Resources.
(7)
Penalties. Wisconsin State snowmobile penalties as
found in § 350.11(1)(a), Wis. Stats., are adopted by reference.
A.
BICYCLE
CURB
DRIVER/OPERATOR
OWNER
PEDESTRIAN
REFLECTOR
BRAKING EQUIPMENT
RIGHT-OF-WAY
SIDEWALK
STREET/HIGHWAY
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Every device propelled by the feet acting upon pedals and
having wheels any two of which are more than 14 inches in diameter.
The lateral boundaries of that portion of a street designated
for the use of vehicles, whether marked by a curb or not.
Every person who drives or is in actual physical control
of a vehicle.
A person other than a lienholder having the property of or
title to a vehicle. The term includes a person entitled to the use
and possession of a vehicle subject to a security interest in another
person, but excludes a lessee under a lease not intended as security.
Any person afoot.
Lamps and other light reflecting equipment on bicycles.
Such device on a bicycle which shall enable the operator
to stop within a safe distance.
The right of one vehicle or pedestrian to proceed in a lawful
manner in preference to another vehicle or pedestrian approaching
under such circumstances of direction, speed and proximity as to give
rise to danger of collision unless one grants precedence to the other.
That portion of a street between curblines or the lateral
lines of a roadway and the adjacent property lines intended for use
by pedestrians.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to public use for
purposes of vehicular travel.
B.
Special rules applicable to bicycles. Whenever a bicycle
is operated on a highway, bicycle lane or bicycleway the following
rules apply:
(1)
A person propelling a bicycle shall not ride other
than upon or astride a permanent and regular seat attached thereto.
(2)
No bicycle shall be used to carry more persons at
one time than the number for which it is designed and equipped.
C.
Reflector. No person may operate a bicycle upon a
highway, bicycle lane or bicycleway during hours of darkness unless
such bicycle is equipped with or the operator is wearing a lamp emitting
a white light visible from a distance of at least 500 feet to the
front of such bicycle. Such bicycle shall also be equipped with a
red reflector that has a diameter of at least two inches of surface
area on the rear so mounted and maintained as to be visible from all
distances from 50 feet to 500 feet to the rear when directly in front
of lawful upper beams of headlamps on a motor vehicle. A lamp emitting
a red light visible from a distance of 500 feet to the rear may be
used in addition to, but not in lieu of, the red reflector.
D.
Braking equipment. No person may operate a bicycle
upon a highway, bicycle lane, bicycleway or bicycle route unless all
braking equipment with which the bicycle was originally provided is
in good working order. No person may operate a bicycle equipped with
a coaster brake upon a highway, bicycle lane or bicycleway unless
such brakes will enable the operator to make the rear wheel skid on
dry, level, clean pavement.
E.
Riding bicycle on roadway.
(1)
Unless preparing to make a left turn, every person
operating a bicycle upon a roadway carrying two-way traffic shall
ride within three feet of the right side of the unobstructed traveled
roadway. On one-way roadways, the operator of the bicycle shall ride
within three feet of the right or left side of the unobstructed traveled
roadway. Every person operating a bicycle upon a roadway shall exercise
due care when passing a standing vehicle or one proceeding in the
same direction, allowing a minimum of three feet between his bicycle
and the vehicle.
(2)
Persons operating bicycles upon a roadway shall ride
single file on all roadways which have center lines or lane lines
indicated by painting or other markings and in all unincorporated
areas. On roadways not divided by painted or other marked center lines
or lane lines bicycle operators may ride two abreast in incorporated
areas.
(3)
Wherever a usable path for bicycles has been provided
adjacent to a roadway, bicycle riders shall use such path and shall
not use the roadway.
(4)
No person shall operate a bicycle upon a roadway where
a sign is erected indicating that bicycle riding is prohibited.
F.
Emerging from an alley or driveway. The operator of
a bicycle emerging from an alley, driveway or building shall stop
prior to riding on or across a sidewalk or roadway. Such operator
shall in all cases yield the right-of-way to all pedestrians approaching
on such sidewalk and to all vehicles approaching upon such roadway.
G.
Parking.
(1)
No person shall park any bicycle against windows or
on the main traveled portion of the sidewalk nor in such manner as
to constitute a hazard to pedestrians, traffic or property.
(2)
If there are no bicycle racks or other facilities
intended to be used for the parking of bicycles in the vicinity, bicycles
may be parked on the sidewalk in an upright position parallel to and
within 24 inches of the curb.
H.
Clinging to vehicles and towing.
(1)
No person operating a bicycle shall attach himself
or his bicycle to any vehicle upon a roadway.
(2)
No person operating a bicycle shall tow or draw any
coaster, wagon, sled, person on roller skates, toy vehicles or other
similar vehicle on any street, highway or roadway. Only trailers designed
for bicycles may be towed.
I.
Handlebars. Every bicycle that is equipped with handlebar
grips must have such grips securely glued or cemented to the handlebars.
J.
Effect of regulations.
(1)
No person shall perform any act forbidden or fail
to perform any act required in this section.
(2)
The parent or guardian of any child or ward shall
not authorize or knowingly permit any child or ward to violate any
of the provisions of this section.
(3)
The regulations applicable to bicycles shall apply
whenever a bicycle is operated upon any highway or upon any path set
aside for the exclusive use of bicycles, subject to those exceptions
stated herein.
K.
Improper riding, trick riding and racing.
(1)
No person operating a bicycle upon a highway or street
shall participate in any race or endurance contest, unless it is an
authorized contest under police supervision.
(2)
No person operating or riding a bicycle shall perform
or attempt to perform any acrobatic, fancy or stunt riding upon any
public highway or street.
L.
Penalties. Any person violating any provision of this
section may be required to forfeit not less than $10 nor more than
$200.
[Amended 12-8-2010; 8-8-2012]
A.
Operation of all-terrain vehicles on Town roads during winter months
(December 1 through April 15).
(1)
Winter all-terrain vehicles (ATV) use.
(a)
Purpose. The primary purpose of this section is to provide for
a safe means for Town residents and visitors to use all-terrain vehicles
to gain access between Lake Tomahawk Town boat landing on Town Bay
Road to downtown businesses during winter months.
(b)
Authority. The Town Board of the Town of Lake Tomahawk, Oneida
County, Wisconsin, has the specific authority to adopt this all-terrain
vehicle ordinance under § 23.33(8) (b) and (11), Wis. Stats.
(2)
Designation of winter all-terrain vehicle routes.
(a)
The following are designated as winter all-terrain vehicle routes
from December 1 through April 15:
[1]
Town Bay Road from boat landing to Choate Boulevard.
[2]
Choate Boulevard to Highway 47.
[3]
Lilly Street from Choate to Arbutus.
[4]
Rainbow from Lilly to old railroad right-of-way.
[5]
Designated access from Arbutus to old railroad right-of-way
through Bearfoot Park.
[6]
Old railroad right-of-way from County Road D north to termination
point.
(b)
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
the Wisconsin Administrative Code. Routes shall be marked with uniform
all-terrain vehicle route signs in accordance with Section NR64.12(7),
Wisconsin Administrative Code.
(3)
Conditions of use. To operate an all-terrain vehicle under § 350-5, a person must:
(a)
Be 16 years of age or older;
(b)
Possess an all-terrain vehicle safety certificate unless the
operator was born on or before January 1, 1988;
(c)
Operate at a speed no faster than 10 miles per hour;
(d)
Operate single file only on the right side of the roadway, and
absolutely not on shoulder or ditch;
(e)
No person shall operate an all-terrain vehicle with tire chains
or studded tires on any Town road;
(f)
Operate with headlights on at all times;
(g)
No person may intentionally remove, damage, deface, move, or
obstruct any uniform all-terrain vehicle route or trail sign or intentionally
interfere with the effective operation of all uniform all-terrain
route or trail signs, if the sign or standard is legally placed by
the municipality or an authorized individual;
(h)
No person may possess any uniform all-terrain vehicle route
or trail sign or standard of the type established by the Department
of Natural Resources for the warning, instruction, or information
for the public, unless he or she obtained the uniform all-terrain
vehicle route or trail sign or standard in a lawful manner. Possession
of a uniform all-terrain vehicle route or trail sign or standard creates
a rebuttable presumption of illegal possession.
(4)
Cruising prohibited. No person shall, while operating an all-terrain
vehicle, engage in the practice of cruising on any road authorized
for winter all-terrain vehicle use under this section. Cruising is
defined as running all or part of the length of a roadway more than
one time per day for any purpose other than departing or arriving
at their residence or place of lodging or departing or arriving at
a public boat landing.
(5)
Signage. All signs required to be installed by the Town of Lake Tomahawk
on any authorized all-terrain vehicle Town roads shall be installed
by the Town at Town expense. Signs shall be installed November 30
and removed April 16, or as soon as possible.
(6)
Penalties and enforcement.
(a)
This section may be enforced by any law enforcement officer
authorized to enforce the laws of the State of Wisconsin.
(b)
Operation of all-terrain vehicles under this section shall be
subject to all provisions of § 23.33 Wis. Stats., which
is adopted as a part of this section by reference, pursuant to § 23.33(11)
Wis. Stats.
(c)
A copy of this section shall be sent by the Town Clerk to the
Oneida County Sheriff's Department.
(d)
Any person violating the provisions of this section shall be
punished by a fine or forfeiture of not less than $100 nor more than
$200 per violation, together with the costs of the action. Each time
a violation occurs shall be considered a separate and distinct offense.
(7)
Prosecution. As a substitute for or in addition to forfeiture actions,
the Town Attorney may, on behalf of the Town, seek enforcement of
any and all parts of this section by court actions seeking injunction
orders or restraining orders and/or pursuing nuisance actions against
the violator.
(8)
Effective date and sunset. This section shall take effect upon publication.
This section shall remain in effect until April 15, 2013, unless affirmatively
reauthorized by the Town Board.
[Amended 2-14-2007]
No person shall operate a motor vehicle in such
a manner as to cause the tires to squeal, the motor to race excessively,
the horn to blow unnecessarily, the radio to blare or in any other
manner which would annoy or disturb other persons in the Town or endanger
the public peace and safety.
A.
No person, whether operating under a permit or otherwise,
shall operate a vehicle in violation of special weight limitations
imposed by the Town on particular highways, highway structures or
portions of highways when signs have been erected as required by § 349.16(2),
Wis. Stats., giving notice of such weight limitations, except when
the vehicle is being operated under a permit expressly authorizing
such weight limitations to be exceeded.
B.
Whenever the operator of a vehicle is ordered by the
officer or agency in charge of maintenance or by a traffic officer
to suspend operation of such vehicle because of the damage such vehicle
is causing or likely to cause to the highway or the public investment
therein, he shall immediately comply with such order.
A.
Generally. The penalty for violation of any provision of this chapter shall be a forfeiture as hereafter provided, together with costs under § 345.27, Wis. Stats., including any future amendments, and costs, fees and surcharges imposed under Ch. 814, Wis. Stats., and pursuant to Chapter 19, Citations, of this Code, including any future amendments.
[Amended 2-14-2007]
B.
State forfeiture statutes. Any forfeiture for violation
of any statute adopted in § 7.01 shall conform to the forfeiture
permitted to be imposed for violation of the statutes adopted by reference,
including any violations or increases for subsequent offenses.
C.
Parking violations. The following schedule of forfeitures
shall apply to the listed violations:
|
Forfeiture
| ||||
|---|---|---|---|---|
|
Wis. Stats.
|
Violation
|
Minimum
|
Maximum
| |
|
§ 346.51(1)
|
Improper parking on/off roadway
|
$3
|
$25
| |
|
§ 346.52(1)
|
Stopping/standing in prohibited areas
|
$3
|
$25
| |
|
§ 346.52(2)
|
Stopping/standing on highway by grade school
|
$3
|
$25
| |
|
§ 346.53
|
Parking/standing where prohibited
|
$3
|
$25
| |
|
§ 346.54
|
Improper parking/standing of vehicle
|
$3
|
$25
| |
|
§ 346.55(1)
|
Parking on left side of highway
|
$3
|
$25
| |
|
§ 346.55(2)
|
Parking vehicle for sale on highway
|
$3
|
$25
| |
|
§ 346.55(3)
|
Parking on posted private property
|
$3
|
$25
| |
A.
Enforcement procedure. This chapter shall be enforced
according to § 66.0114, Ch. 799 and §§ 345.20
to 345.53, Wis. Stats.
B.
Deposit.
(1)
Any person arrested for a violation of this chapter may make a deposit pursuant to the provisions of Chapter 19, Citations, of this Code. Proper notifications of procedures shall be made pursuant to that chapter as well.
[Amended 2-14-2007]
(2)
The amount of the deposit shall be determined in accordance with the deposit schedule established by the Wisconsin Judicial Conference and shall include the costs, fees and surcharges imposed under Ch. 814, Wis. Stats., and pursuant to Chapter 19, Citations, of this Code. If a deposit schedule has not been established the arresting officer shall require the alleged offender to deposit the forfeiture established by the Chief of Police which shall include the costs, fees and surcharges imposed under Ch. 814, Wis. Stats., and pursuant to Chapter 19, Citations, of this Code. Deposits for nonmoving violations shall not include the penalty assessment.
[Amended 2-14-2007]
(3)
The arresting officer or the person receiving the
deposit shall issue the arrested person a receipt therefor as required
by § 345.26(3)(b), Wis. Stats.
C.
Stipulation of no contest. Any person charged with a violation of this chapter except §§ 346.62(1) and 346.63 (1), Wis. Stats., may make a stipulation of no contest pursuant to § 345.27, Wis. Stats., which shall be received at the police station or the office of the Clerk of Court within 10 days of the date of the alleged violation. Such person shall, at the time of entering into the stipulation, make the deposit required under Subsection B if he has not already done so. A person who has mailed or filed a stipulation under this subsection may, however, appear in court on the appearance date and may be relieved from the stipulation for cause shown as required in § 345.37, Wis. Stats.
[Added 3-12-1997]
B.
The following roads shall have a speed limit of 30
mph: See attached Exhibit B.
C.
The following roads shall have a speed limit of 35
mph: See attached Exhibit C.
E.
In conformity with this section, it is hereby ordered
that this section be published as a Class 1 notice under Ch. 985,
Wis. Stats., or posted in at least three places in the Town likely
to give notice to the public within 30 days after adoption of this
section by the Town Board.
