[HISTORY: Adopted by the Village Board of
the Village of Westfield as Title 8, Ch. 1 of the 1985 Code. Amendments
noted where applicable.]
Except as otherwise specifically provided in
this chapter, the statutory provisions in Chs. 340 to 349, Wis. Stats.,
describing and defining regulations with respect to vehicles and traffic
for which the penalty is a forfeiture only, including penalties to
be imposed and procedure for prosecution, are hereby adopted and by
reference made a part of this chapter as if fully set forth herein.
Any act required to be performed or prohibited by 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
on traffic on the highways, streets, and alleys of the State of Wisconsin.
The provisions of §§ 346.57,
346.55 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.
A.
Parking prohibited. Parking is prohibited at all times:
(1)
On the south side of West Fourth Street between Main
Street and the Westfield Creek.
(2)
On the west side of William Street between Second
Street and Third Street.
(3)
On the west side of South Main Street between Third
Street and Fifth Street.
(4)
On south side of North Main Street moving northwesterly
from a point starting at the presently established no-parking zone
in front of 104 South Main Street to the first delineated parking
space.
(5)
For trucks and vans on the southwest corner, southeast
corner and northwest corner of the intersection of South Main Street
and East and West Second Street.
(6)
On both sides of the 300 block of East Second Street,
between Charles Street and Pioneer Park Road.
(7)
On both sides of North Pioneer Park Road between East
Second Street and North Charles.
(8)
On the north side of East Fourth Street from South
Main Street for 150 feet to the east.
(9)
On
the north side of West Fourth Street from Center Street for 295 feet
to the east.
[Added 11-11-2008 by Res. No. 08:08]
(10)
On
the east side of South Main Street from East Sixth Street north 98
feet.
[Added 7-13-2010 by Res. No. 10:05]
(11)
On
both sides of South Main Street from Sixth Street to Fairgrounds Street.
[Added 10-8-2019 by Ord.
No. 19:04]
(12)
On
both sides of North Charles Street from East Second Street to North
Pioneer Park Road.
[Added 10-8-2019 by Ord.
No. 19:04]
B.
Parallel parking. Parallel parking is permitted in
those areas of the B-1 Commercial District where not specifically
designated as angle parking. In all other areas of the Village, parallel
parking is permitted unless designated otherwise by street markings.
C.
Nighttime parking during snow removal. Parking is
prohibited between 2:30 a.m. and 6:00 a.m., from November 1 until
April 15, inclusive:
[Amended 5-8-2007 by Ord. No. 10:07]
(1)
On both sides of South Main Street between Third Street
and the mill pond.
(2)
On both sides of East Second Street between Thomas
Street and South Main Street.
(3)
On both sides of West Second Street.
(4)
On both sides of East Third Street between Thomas
Street and South Main Street.
(5)
On both sides of North Main Street across the entire
length of the mill pond dam.
D.
Ten-minute parking. No person shall park for longer
than 10 minutes from 8:00 a.m. to 6:00 p.m. daily, except Sunday and
holidays, at any parking stall so designated by the Village and marked
with a ten-minute parking sign.
E.
Fifteen-minute parking. No person shall park for longer
than 15 minutes from 8:00 a.m. to 5:00 p.m. daily, except Sunday and
holidays, at any parking stall so designated by the Village and marked
with a fifteen-minute sign.
[Amended 9-10-2002]
F.
Loading zone. No vehicle shall be parked for a period
longer than 15 minutes for the purpose of loading or unloading in
any area so designated by the Village and marked with a fifteen-minute
parking sign.
G.
Parking of large vehicles prohibited. There will be
no parking on the streets, alleys or rights-of-way thereof in the
Village of Westfield for semi-tractor trailers or any other vehicles
having a width of over 7 1/2 feet or a length over 22 feet other
than the following:
[Added 10-30-1986]
H.
Overnight parking. Overnight parking between November
1 and April 15 shall be as follows:
[Added 7-24-1986]
(1)
No person shall park, stop or leave standing any vehicle on any street in the Village of Westfield on any day between the hours of 1:00 a.m. and 6:00 a.m., except as hereinafter provided. On even-numbered calendar dates vehicles may be parked on the side of the street adjacent to lots and houses which have been assigned even numbers in accordance with Chapter 225 of this Code. This subsection shall not apply to streets referenced in Subsection C of this section.[2]
(2)
Any police officers who shall find any vehicle described in Subsection H(1) parked in violation of Subsection H(1) shall be authorized to remove the same or cause the same to be done and to place said vehicle or article of conveyance in a garage or similar place of storage, and the costs of removal and storage shall be a charge against the vehicle's owner in § 480-8 and shall be paid by the owner thereof before retaking possession thereof.
I.
Pioneer Westfield High School parking lot. It shall
be illegal in the Pioneer Westfield High School parking area, during
school hours, to do the following:
(1)
Park without a current Westfield School District parking
permit.
(2)
Fail to display or improperly display above said permit.
(3)
Display a permit on an unauthorized vehicle.
(4)
Fail to park vehicle in designated parking lot, student/faculty.
(5)
Fail to park vehicle within the designated parking
stalls as indicated by parking lot markings.
A.
No person shall stop, park, or leave standing any
vehicle, whether attended or unattended and whether temporarily or
otherwise, in any of the following places:
(1)
Within an intersection.
(2)
On a crosswalk.
(3)
On a sidewalk or sidewalk area, except when parking
in such place is clearly indicated by official traffic signs or markers
or parking meters.
(4)
Alongside or opposite any highway excavation or obstruction
when such stopping or standing would obstruct traffic or when pedestrian
traffic would be required to travel in the roadway.
(5)
On the roadway side of any parked vehicle.
(6)
Within 20 feet of the driveway entrance to a fire
station.
(7)
Upon any portion of a highway where and at the time
when stopping or standing is prohibited by official traffic signs
indicating the prohibition of any stopping or standing.
(8)
In any place or manner so as to obstruct or hinder
traffic.
(9)
Within 10 feet of a fire hydrant or well, unless a
greater distance is indicated by an official traffic sign.
(10)
Upon any portion of a highway where and at the time
when parking is prohibited, limited or restricted by official traffic
signs.
(11)
Upon any bridge.
B.
During the hours of 7:30 a.m. to 4:30 p.m. on school
days, no person shall stop, park or leave any vehicle standing, whether
temporarily or otherwise, upon the side of any highway adjacent to
a schoolhouse where designated by official signs reading "No Stopping,
Standing or Parking 7:30 a.m. to 4:30 p.m. on School Days." On highways
adjacent to such schoolhouse where designated by official signs reading
"No Parking 7:30 a.m. to 4:30 p.m. on School Days," the operator of
a vehicle may stop upon such designated side of the highway thereof
during such hours provided that such stopping is temporary and only
for the purpose of receiving or discharging passengers. Parking is
permitted on the side of any highway adjacent to such schoolhouse
during such hours where signs prohibiting parking are not posted.
This subsection shall not apply to a vehicle licensed as a common
carrier while actually engaged in the receiving and discharging of
passengers.[1]
C.
No person shall park any vehicle for the primary purpose
of displaying advertising on any street.
D.
No person shall park or stop a vehicle on the left
side of the street, except one-way streets.
E.
An automobile bearing special registration plates
issued pursuant to § 341.14(1), Wis. Stats., to a person
disabled by paraplegia or to a disabled war veteran is exempt from
any ordinance imposing time limitations on parking in any street or
highway zone and parking lot, whether municipally owned or a municipal
parking utility, with a one-hour or more limitation, but the exemption
granted by this subsection is limited to the person to whom the special
plates were issued and to qualified operators acting under his express
direction with the disabled person present.
A.
Public Works Director. The Public Works Director is
hereby authorized and directed to procure, erect and maintain appropriate
standard traffic signs, signals and markings conforming to the rules
of the State Highway Division 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 Chief of Police shall determine will
best effect the purposes of this chapter and give adequate warning
to users of the street or highway.
B.
Removal of unofficial signs and signals. The Chief
of Police 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 chapter or § 346.41, Wis. Stats. Any charge imposed
on a premises for removal of such illegal sign, signal or device shall
be reported to the Village Board at its next regular meeting for review
and certification.
A.
When signs are erected giving notice thereof, no person
shall operate a vehicle of a gross weight in excess of the posted
sign limit in the Village of Westfield. The term "gross weight" means
the weight of the vehicle equipped for service plus the weight of
the load the vehicle is carrying.
B.
This section does not prohibit the ordinary use of
the street for the purpose of obtaining orders for and delivery or
moving supplies and other necessary commodities or the furnishings
of services to or from any place of commercial business in the Village.
A.
HEAVY TRAFFIC
HIGHWAY
Definitions. As used in this section, the following
terms shall have the meaning indicated:
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 18,000 pounds.
All public ways and thoroughfares, including the alleys.
B.
Routes. All heavy traffic shall be limited to the
routes described on Exhibit A,[1] a copy of which is attached hereto and incorporated into
this section, unless such highway is being used to obtain orders or
supplies or to deliver supplies or commodities to or from a place
of business or residence with an entrance on such highway.
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
No person shall operate a minibike, go-kart,
all-terrain vehicle or other motor vehicle within the Village except
on the property of the owner of the vehicle or on other property with
the owner's permission.
Whenever any traffic officer shall find a vehicle
standing upon a street or in a parking lot in violation of the provisions
of this chapter, he may move such vehicle or require the operator
in charge thereof to move such vehicle to a position permitted under
this chapter. If such moving is done by the Police Department or by
a garage at the request of the Police Department, the cost of such
towing shall be charged to such owner or operator of such vehicle,
and such costs shall be paid by such owner or operator before he can
recover possession of such vehicle. Any vehicle which has been parked
in a municipal parking lot in excess of 72 hours shall be exclusively
presumed to be abandoned and may be removed to a public storage lot,
and in such case the owner shall pay the storage fees on said vehicle
before he may recover possession thereof.
A.
Moving violations. This chapter shall be enforced
in accordance with the provisions of §§ 345.20 to 345.53,
Ch. 800 and § 66.0114, Wis. Stats.
B.
Stipulation of no contest. The Chief of Police or officer designated by him, upon request of any person charged with a violation of any provision of this chapter, after the issuance of a citation and upon an Official Wisconsin Uniform Citation and Complaint form prescribed by § 345.11, Wis. Stats., may accept a signed stipulation of no contest as found on the reverse side of said uniform form. Said stipulation shall be accompanied by the amount of penalty prescribed by the Uniform State Traffic Deposit Schedule for violations of the state traffic laws, as have been adopted by reference in § 480-1 of this chapter.[1]
D.
Bail bonds. Nothing in this section shall be construed
to limit the right of proper authorities to accept bail bonds, deposits,
certificates or money deposits, or permit a person's release from
custody on his own bond, as provided in § 66.0111, Wis.
Stats.
E.
Statement of notice. Any official or enforcement officer
or the Village Attorney accepting a stipulation of no contest or bail
under the provisions of this section or prosecuting a violation of
this chapter shall inform the accused of the effect of a stipulation
of no contest, forfeiture of bail or of a conviction of the violation
charged. Such official or officer shall require the accused to sign
the statement of notice which is found on the reverse side of the
Official Wisconsin Uniform Citation and Complaint form prescribed
by § 345.11, Wis. Stats.[3]
F.
Nonmoving traffic offenses. Nonmoving traffic offenses
shall be enforced in the same manner as moving violations stated in
this chapter.
A.
Forfeiture penalty. The penalty for violation of any
provision of this chapter shall be a forfeiture as hereinafter provided
with costs of prosecution and the costs, fees and surcharges imposed
under Ch. 814, Wis. Stats., where applicable. Payment of the judgment
may be suspended by the sentencing judge for not more than 60 days.
Any person who shall fail to pay the amount of the forfeiture, costs
of prosecution and penalty imposed for violation of any provision
of this chapter may, where otherwise permitted by law, upon order
of the court entering judgment therefore and having jurisdiction of
the case, be imprisoned until such forfeiture, costs and assessments
are paid, but not exceeding 90 days.[1]
B.
Forfeitures for uniform traffic offenses. Forfeitures for violations of any traffic regulations set forth in the Wisconsin Statutes adopted by reference in § 480-1 shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state statute, including any variations or increases for subsequent offenses; provided, however, that this subsection shall not permit prosecution under this chapter of any offense for which an imprisonment penalty or fine may be imposed upon the defendant.
C.
D.
Parking. The forfeiture for a violation of § 480-3 or 480-4 shall be not less than $1 nor more than $25, except that the forfeiture for a violation of § 480-3C, Nighttime parking during snow removal, shall not be less than $2 nor more than $25. In the event this fine is not paid within a thirty-day period, the Chief of Police is authorized to take the necessary steps under Wisconsin law with the Wisconsin Department of Motor Vehicles which eventually results in the licenses plates of any violator's vehicle being revoked or not reissued by the Department. Said procedure is already in effect in the Village of Westfield.[3]
E.
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 to order the defendant to submit to
assessment and rehabilitation or attend traffic safety school in addition
to payment of a monetary penalty or in lieu of imprisonment.
