[HISTORY: Adopted by the Village Board of
the Village of New Glarus 12-16-2008 by Ord. No. 08-09. Amendments noted where
applicable.]
A.
This chapter 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
of New Glarus.
B.
Definitions and requirements.
(1)
NEIGHBORHOOD ELECTRIC VEHICLES (NEV)
As used in this chapter, the following terms shall
have the meanings indicated:
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)
NEV's shall be four-wheeled and have a speed range
of at least 20 miles per hour and not more than 35 miles per hour
on a paved surface and have a gross vehicle weight at rest of less
them 2,500 pounds. NEV does not include an electric golf cart and
shall be equipped with the following:
(a)
Headlamps.
(b)
Front and rear turn signals.
(c)
Stop lamps.
(d)
Reflex reflectors: one red on each side as far
to the rear as practicable, and one on the rear (three total).
(e)
An exterior mirror mounted on the driver's side
and either an exterior mirror on the passenger side or an interior
mirror.
(f)
Parking brakes.
(g)
A windshield that conforms to the requirements
of the Federal Motor Vehicle Safety Standard on glazing materials
(49 CFR 571.205).
(h)
A vehicle identification number (VIN) that complies
with federal law (49 CFR 565).
(i)
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.
(j)
Meets the general test conditions under 49 CFR
571.50056.
A.
Operators of NEVs shall comply with all state and local traffic laws and ordinances, including but not limited to Chapter 288 of the New Glarus Village Code. Owners and operators on NEVs shall be subject to citations and forfeitures for any such violation.
B.
Electrical cords, connections, or other charging devices
shall not cross public land, such as a sidewalk, terrace, street,
etc.
A.
Neighborhood electric vehicles shall be licensed by
the Wisconsin Department of Transportation.
A.
The penalty for violation of 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, any penalty assessment or driver surcharge
or other penalty imposed for violation of any provision of this chapter
may, upon order of the court entering judgment therefore and having
jurisdiction of the case, be imprisoned until such forfeiture, costs
and assessment are paid, but not exceeding 90 days.
B.
Nothing herein shall preclude or affect the power
of the sentencing court to exercise additional authorities granted
by Wisconsin Statutes to suspend or revoke the operating privileges
of the defendant or order the defendant to submit to assessment and
rehabilitation programs or to attend traffic safety school in addition
to payment of a monetary penalty or in lieu of imprisonment.
C.
Forfeitures for violation of any moving traffic regulation set forth in the Wisconsin Statutes adopted by reference in § 288-1 shall conform to the forfeiture penalty permitted to be imposed for violation of the comparable Wisconsin Statute, including any variations or increases for subsequent offenses; provided, however, that this subsection shall not be construed to permit prosecution under this chapter for any offense described in Chapters 341 to 349, Wis. Stats., for which an imprisonment penalty or fine may be imposed upon the defendant.
D.
Forfeitures for uniform statewide parking, stopping, standing or nonmoving traffic offenses adopted by reference in § 288-1, as described in Chapters 341 to 349, Wis. Stats., shall be as found in the current edition of the deposit schedule adopted by the Village.
E.
Other violations of 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.
If any portion of this chapter, or its application
to any person or circumstances, is held invalid, the validity of this
chapter as a whole, or any other provision herein and its application
to other persons or circumstances, shall not be affected.
