[HISTORY: Adopted by the Common Council of the City of Nekoosa 2-9-1988 by Ord. No.
423. Amendments noted where applicable.]
[Amended by Ord. No. 540]
Except as otherwise specifically provided in this chapter, the
statutory provisions in Chs. 340 to 348, Wis. Stats., and Ch. Trans
305, Wis. Adm. Code, Standards for Vehicle Equipment, describing and
defining regulations with respect to vehicles and traffic, exclusive
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 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
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 of Wisconsin.
[Added 4-12-2011 by Ord. No. 557[1]]
(1)
Purpose. The purpose of this section is to regulate the operation
of low-speed vehicles on City roadways.
(2)
LOW-SPEED VEHICLE (LSV)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A motor vehicle 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.
"LSV'' does not include a golf cart.
(3)
Operation of low-speed vehicle. A person may operate a LSV on a roadway,
including any connecting highway or to an intersection where the roadway
crosses a state trunk highway, within the City of Nekoosa that has
a speed limit of 35 miles per hour or less and over which the City
of Nekoosa has jurisdiction, subject to the following restrictions:
(a)
LSVs shall be four-wheeled and have a maximum speed range of
at least 20 miles per hour and not more than 25 miles per hour on
a paved surface and have a gross vehicle weight of less than 3,000
pounds.
(b)
The person operating the LSV must hold a valid operator's license.
(c)
The LSV shall be titled and registered by the State of Wisconsin
Department of Transportation, and the license shall be issued to the
owner of the LSV.
(d)
Operation on connecting highways or crossing state trunk highways
shall be restricted on streets where the speed limit is greater than
35 miles per hour.
(e)
LSV headlamps must be on during operation.
(4)
Saving clause. If any provision of this section shall be less restrictive
than applicable state statutes or in conflict with such statutes,
as they exist at passage hereof or as they may hereafter be amended,
then, in such case, the state statute shall supersede the provision
hereof to the extent applicable.
(1)
Duty of the Chief of Police to erect and install uniform traffic control devices. Whenever traffic regulations created by this chapter, including a state traffic regulation adopted by reference in § 7.01 of this chapter, require the erection of traffic control devices for enforcement, the Chief of Police, with the cooperation of the Director of Public Works, shall procure, erect and maintain uniform traffic control devices conforming to the Wisconsin Manual on Uniform Traffic Control Devices promulgated by the Wisconsin Department of Transportation, giving notice of such traffic regulation to the users of the streets and highways on which such regulations apply. Whenever state law grants discretion to local authorities in erecting or placement of a uniform traffic control device, devices shall be erected in such locations and in such a manner as, in the judgment of the Chief of Police, will carry out the purposes of this chapter and give adequate warning to users of the streets and highways of the City.
(2)
Official Traffic Map.
(a)
Official Traffic Map established. There is hereby established for
the City of Nekoosa an Official Traffic Map dated April 1, 1987, on
which is indicated as of said date all existing stop signs; arterial
intersections; no-parking areas; no-stopping or -standing areas; restricted
parking areas; and all other restrictions or limitations contained
in this chapter and for which the laws of the state require the erection
or use of official traffic control devices to enforce such restrictions
or limitations. All such restrictions and limitations set forth on
said Official Traffic Map are hereby adopted by reference.
[Amended 7-10-2012 by Ord. No. 566]
(b)
Additions to map. The Council may, from time to time, make additions
to or deletions from the Official Traffic Map, and the Chief of Police
shall keep such Official Traffic Map current. Every addition to said
Official Traffic Map made after April 1, 1987, shall indicate the
number of the authorizing resolution and the date the appropriate
official traffic control device was erected, and every deletion shall
indicate the number of the authorizing resolution.
(c)
Map to be maintained. The Official Traffic Map shall be maintained
and displayed in the office of the Police Department. The Chief of
Police shall make appropriate authorized changes on said map within
three working days after the appropriate official traffic control
device is erected or removed, as the case may be.
(d)
Violations prohibited. When official traffic control devices, giving
notice of the restrictions, prohibitions and limitations shown on
the Official Traffic Map, are erected and maintained in accordance
with the provisions of this section, a violation of the restriction,
prohibition or limitation shown on the Official Traffic Map shall
be a violation of the provisions of this chapter.
(3)
Prohibited signs and markers in highways. No person other than an officer authorized by this chapter to erect and maintain official traffic control devices, or his designee, shall place within the limits of any street or highway maintained by the City any sign, signal, marker, mark or monument unless permission is first obtained from the Chief of Police or the State Department of Transportation. Any sign, signal, marker, mark or monument placed or maintained in violation of this subsection shall be subject to removal, as provided in Subsection (4) below.
[Amended 7-10-2012 by Ord. No. 566]
(4)
Removal of unofficial signs, signals, markers and traffic control
devices. The Chief of Police may direct the Director of Public Works
to remove any sign, signal, marker or other device which is placed,
maintained or displayed in violation of this chapter or state law.
Any charge imposed against premises for removal of a prohibited or
illegal sign, signal, marker or device shall be reported by the Director
of Public Works to the Council for review and certification at its
next regular meeting following the imposition of the charge. Any charge
not paid on or before the next succeeding November 15 shall be placed
upon the tax roll for collection as other special municipal taxes.
(1)
Designation of location of stop signs. In the interest of public safety, the Council, by resolution, has designated the location of stop signs within the City and has ordered the installation of such signs. In addition, the location of such signs is designated on the Official Traffic Map of the City pursuant to § 7.02 of this chapter.
(2)
Operators to obey traffic control devices. Every operator of a vehicle approaching an intersection at which an official traffic control device is erected, in accordance with this section, shall obey the direction of such official traffic control device as required by the Wisconsin statutes incorporated by reference in § 7.01 of this chapter. Operators of vehicles approaching a stop sign shall stop before entering a highway as required by § 346.46, Wis. Stats.
[Added 9-11-2018 by Ord.
No. 598]
(1)
Designation of all-terrain vehicle routes and regulatory operation of all-terrain vehicles. The City of Nekoosa, Wood County, adopts the following all-terrain and/or utility terrain vehicle route and for the regulation of ATVs/UTVs operation upon the roadways listed in Subsection (4).
(2)
This section is adopted as authorized under authority under Wis.
Stats. §§ 23.33(4)(d)3b, 23.33(8)(b), 23.33(11)(am)(3),
and (4); and all provisions of § 23.33 regulating ATV/ UTV
operation are adopted.
[Amended 5-14-2019 by Ord. No. 602]
(3)
ALL-TERRAIN VEHICLE (ATV)
UTILITY TERRAIN VEHICLE (UTV)
(a)
1.
2.
3.
4.
5.
6.
7.
8.
9.
(b)
ALL-TERRAIN VEHICLE ROUTE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A commercially designed and manufactured motor-driven device
that has a weight, without fluids, of 900 pounds or less, has a width
of 150 inches or less, is equipped with a seat designed to be straddled
by the operator, and travels on three or more low-pressure tires or
nonpneumatic tires.
A commercially designed and manufactured motor-driven device
that does not meet federal motor vehicle safety standards in effect
on July 1, 2012, that is not a golf cart, low-speed vehicle, dune
buggy, minitruck, or tracked vehicle, that is designed to be used
primarily off of a highway, and that has, and was originally manufactured
with, all of the following:
A weight, without fluids, of 2,000 pounds or less.
Four or more low-pressure tires or nonpneumatic tires.
A steering wheel.
A tail light.
A brake light.
Two headlights.
A width of not more than 65 inches.
A system of seat belts, or a similar system, for restraining
each occupant of the device in the event of an accident.
A system of structural members designed to reduce the likelihood
that an occupant would be crushed as the result of a rollover of the
device.
A commercially designed and manufactured motor-driven device
to which all of the following applies:
A highway or sidewalk designated for use by all-terrain vehicle
operators by the governmental agency having jurisdiction as authorized
under this section.
(4)
All City-maintained
streets are designated as ATV/ UTV routes.
[Amended 5-14-2019 by Ord. No. 602]
(5)
Under Wis. Stats. § 23. 33(11)(am)4, the City of Nekoosa
authorizes the operation of ATVs/ UTVs on all state and county trunk
highways that have a speed limit of 35 miles per hour or less.
[Amended 5-14-2019 by Ord. No. 602]
(6)
The City of Nekoosa authorizes the operation of ATVs and UTVs on
the STH 73 bridge over the Wisconsin River from Market Street (STH
173) to the City of Nekoosa/Town of Saratoga boundary line.
[Amended 5-14-2019 by Ord. No. 602]
(7)
The City of Nekoosa or its designee will maintain all route and related
signage within the City of Nekoosa.
(8)
The following conditions shall apply to all operators and passengers
as applicable:
(a)
Operation shall be subject to all provisions of § 23.33,
Wis. Stats.
(b)
All ATV/UTV operators shall observe posted roadway speed limits and
provisions of § 346, Wis. Stats.
(c)
All ATV/UTV operators shall ride single file.
(d)
Operation within any municipal park unless specifically designated
is prohibited.
(9)
This section shall be enforced by any law enforcement officer authorized
to enforce the laws of the State of Wisconsin.
(10)
Wisconsin State all-terrain vehicle penalties as found in § 23.33
(13) (a) Wis. Stats., are adopted by reference.
(11)
The provision of this section shall be deemed severable and it is
expressly declared that the City of Nekoosa would have passed the
other provisions of this section irrespective of whether or not one
or more provisions may be declared invalid. If any provision of this
section or the application to any person or circumstances is held
invalid, the remainder of this section and the application of such
provisions to other person's circumstances shall not be deemed affected.
(1)
Routes designated. The following streets and parts of streets within
the City are hereby designated heavy traffic routes:
(2)
Travel prohibited. No vehicle, except a motor bus, which is not equipped with pneumatic tires or has a combined vehicle load weight exceeding 10,000 pounds shall be operated or moved on any street or alley not a part of the heavy traffic route designated in Subsection (1) above, except for the purpose of obtaining orders for or moving or delivering supplies or commodities to or from a place of business or residence facing thereon, provided that in no event shall the weight of the vehicle and load on such other street exceed the limitations of §§ 348.15 and 348.16(3), Wis. Stats.
(3)
Signs. The Director of Public Works, upon the recommendation of the
Police Chief, shall cause to be secured and erected appropriate signs
to give notice of the heavy traffic routes and their weight limit
designation.
[Amended 1-14-2014 by Ord. No. 574]
The Council hereby determines that the statutory speed limits
on the following streets or portions thereof are unreasonable, unsafe
and imprudent and modifies such speed limits as follows:
(1)
Speed limits increased. Speed limits are increased on the following
designated streets or portions thereof:
(a)
Thirty-five miles per hour.
1.
Prospect Avenue, from First Street to the north City limits.
[Amended by Ord. No. 544; 9-14-2021 by Ord. No. 609]
2.
Cranmoor Road, from 200 feet west of Section Street to the west City
limits.
3.
Point Basse Avenue, from Dellwood Lane to the south City limits.
[Amended by Ord. No. 486]
4.
Wood Avenue, from Cedar Street west to the City limits.
5.
Section Street, from 300 feet south of Hillcrest Lane to the south
City limits.
[Amended by Ord. No. 465]
(2)
Speed limits decreased. The speed limits are decreased, as hereinafter
set forth, upon the following streets or portions thereof:
(a)
Fifteen miles per hour when children are present.
1.
On Section Street, from the northerly line of the property line of
the City Little League diamonds to Buehler Avenue.
[Amended by Ord. No. 514]
2.
On Buehler Avenue, from Section Street to Park Street.
3.
On Park Street, from Buehler Avenue to Market Street.
4.
On Market Street, from Park Street to Section Street.
5.
On Crestview Lane, from Section Street to Cedar Street.
6.
On Gertrude Avenue, from Cranmoor Road to West Fifth Street.
7.
On Crestview Lane, from Cedar Street to Birch Street.
[Added by Ord. No. 483]
8.
On Birch Street, from Wood Avenue south.
[Added by Ord. No. 483]
(1)
Parking prohibited at all times. Except temporarily for the purpose
of and while actually engaged in loading or unloading or in receiving
or discharging passengers or property and while the vehicle is attended
by a licensed operator so that it may be moved promptly in case of
an emergency or to avoid obstruction of traffic, no person shall,
at any time, park or leave standing any vehicle upon any of the following
highways or parts of highways:
[Amended by Ord. No. 482]
(a)
On both sides of Prospect Avenue, from Market Street to Wilhorn Road.
[Amended by Ord. No. 524]
(b)
On the south side of Market Street, from Prospect Avenue extended
(west end of bridge) westerly for 170 feet and on the north side of
Market Street, from Prospect Avenue extended (west end of bridge)
westerly for a distance of 235 feet.
[Amended by Ord. No. 544; 12-13-2022 by Ord. No. 620
(c)
On both sides of Point Basse Avenue, from Market Street to Wood Avenue.
[Amended 9-14-2021 by Ord. No. 610]
(d)
On both sides of Buehler Avenue to a point 215 feet west of Point
Basse Avenue.
[Amended 9-14-2021 by Ord. No. 610]
(f)
On the south side of Market Street, from Garrison Avenue to a point
530 feet west of Ward Street.
[Amended by Ord. No. 525; 12-13-2022 by Ord. No. 620]
(g)
On the north side of Market Street, from Point Basse Avenue to a
point 510 feet west of North Street.
[Amended by Ord. No. 525; 12-13-2022 by Ord. No. 620]
(i)
On both sides of Market Street, from Cedar Street to Section Street.
[Amended by Ord. No. 544; 12-13-2022 by Ord. No. 620]
(l)
On both sides of Cedar Street, from Market Street to Wood Avenue.
[Added by Ord. No. 521]
(n)
On the west side of Patton Avenue between First Street and Market
Street.
[Added 12-11-2012 by Ord. No. 570]
(2)
Parking prohibited during certain hours. Except temporarily for the
purpose of and while actually engaged in loading or unloading or in
receiving or discharging passengers or property and while the vehicle
is attended by a licensed operator so that it may be moved promptly
in case of an emergency or to avoid obstruction of traffic, no person
shall at any time park or leave standing any vehicle upon any of the
following highways or parts of highways during the hours stated:
(c)
During school days on the south side of Crestview Lane, from Cedar
Street to a point 170 feet east, and on the north side of Crestview
Lane, from Cedar Street to a point 170 feet east, from 7:30 a.m. to
4:30 p.m.
(d)
During school days on the south side of Crestview Lane, from Cedar
Street to a point 300 feet west, and on the north side of Crestview
Lane, from Cedar Street to a point 300 feet west, from 7:30 a.m. to
4:30 p.m.
(e)
During school days, on both sides of Cedar Street, between Crestview
Lane and Wood Avenue, from 7:30 a.m. to 4:30 p.m.
[Amended by Ord. No. 543]
(f)
During school days, on the south side of Crestview Lane, from the
Elementary School driveway entrance east 134 feet, said portion of
the street to be designated "bus loading zone."
[Added by Ord. No. 431]
(3)
Limited time parking. Unless specifically otherwise provided, between
the hours designated, except on Sundays and legal holidays, no person
shall park a vehicle for any longer than the period hereinafter specified
upon the following streets or portions thereof:
(a)
Two hours.
2.
On the south side of First Street, from Alexander Avenue to Prospect
Avenue, from 7:00 a.m. to 6:00 p.m., except Sundays and holidays.
[Amended by Ord. No. 499]
3.
On Market Street, from Prospect Avenue to Garrison Avenue, from 8:00
a.m. to 5:00 p.m., except Sundays and holidays.
[Amended by Ord. No. 521]
5.
On both sides of Garrison Avenue, from First Street to Market Street,
from 7:00 a.m. to 5:30 p.m., except Sundays and holidays.
[Added by Ord. No. 429]
6.
On both sides of Market Street, from Garrison Avenue to Point Basse
Avenue, from 8:00 a.m. to 5:00 p.m., except Sundays and holidays.
[Added by Ord. No. 429]
10.
On the east side of the 100 Block of Patton Avenue, from the
north side of Market Street to the alley between Market Street and
First Street, from 8:00 a.m. to 5:00 p.m., except Sundays and holidays.
[Added by Ord. No. 444]
11.
During school days, on the east side of South Section Street,
from Crestview Lane to a point 90 feet north of Dellwood Lane, from
7:00 a.m. to 4:00 p.m.
[Added by Ord. No. 462; amended 1-12-2016 by Ord. No. 586]
12.
On the south side of Wood Avenue, from Point Basse Avenue to
a point 100 feet west, from 8:00 a.m. to 5:00 p.m., except Sundays
and holidays.
[Added by Ord. No. 521]
13.
On both sides of Crestview Lane from South Section Street to Maple
Street on school days only from 7:00 a.m. to 4:00 p.m.
[Added 3-10-2015 by Ord. No. 579]
(b)
School days only.
[Added 3-12-2013 by Ord. No. 571]
1.
On
the west side of South Section Street, from Crestview Lane to 200
feet south of Dellwood Lane from 7:00 a.m. to 4:00 p.m.
[Amended 2-12-2019 by Ord. No. 601]
2.
On the east side of South Section Street, from Dellwood Lane to a
point 90 feet north, from 7:00 a.m. to 4:00 p.m.
[Added 1-12-2016 by Ord.
No. 586]
3.
On Vilas Avenue between 6th and 7th Streets, from 7:00 a.m. to 4:00
p.m.
[Added 10-11-2016 by Ord.
No. 587]
(4)
Winter parking and snow emergency regulations.
[Amended by Ord. No. 500; 9-14-2021 by Ord. No. 610]
(a)
Winter night parking. Except as provided in Subsection (4)(b) and
(c) below, in accordance with § 349.13, Wis. Stats., no
person shall park on any public street, alley or highway of the City
for a period of more than 30 minutes between the hours of 2:00 a.m.
and 6:00 a.m. from November 1 to April 1.
(b)
Declaration of snow emergency and parking regulations. Except as
provided in Subsection (4)(c) below, when the Mayor or designated
representative shall declare a snow emergency by reason of heavy snow
or blizzard, pursuant to § 323.11, Wis. Stats., no person
shall park, stop or leave standing any vehicle upon the streets or
any portion of the streets whenever snow falls during any period of
24 hours or less and reaches a depth or condition that constitutes
a serious public hazard impairing transportation and public health,
safety and welfare. Such emergency is declared to continue for a period
of 48 hours or until such earlier time as snowplowing operations have
been declared completed by the Public Works Director. Whenever such
an emergency exists and the Mayor or his appointed representative
shall have caused an announcement thereof to be made by radio and/or
television broadcast stations whose normal operating range covers
the City, no person shall park or allow to be parked any vehicle of
any kind or description upon any public street, highway or alley within
the City.
(c)
Exceptions.
Notwithstanding the provisions of Subsection (4)(a) and (b) above,
vehicles may be parked, stopped or left standing for a period of 10
minutes for actually loading or unloading passengers, or 30 minutes
for actually loading or unloading property, and provided further that
no other regulation restricting parking as to place, time or manner
is violated thereby. The provisions of this subsection shall not apply
to physicians' and emergency vehicles.
(d)
Snow
tow-away zones. The Chief of Police or his designated representative
is hereby authorized to cause the towing away of vehicles parking
in violation of this subsection, and the cost of moving said vehicles
shall be added as a cost to the penalty assessed for the illegal parking
of the vehicles.
(5)
Truck
parking regulations.
(a)
No
person shall park any truck, trailer or semitrailer, or combination
thereof, in excess of 18 feet in length on Market Street, except for
loading and unloading purposes.
(b)
No
person shall park, stop or leave standing, with the engine running,
any unattended truck tractor or road tractor on any street in any
district zoned residential.
(6)
Parking
in alleys regulated. All parking in alleys is prohibited, except in
alleys in any business district for the purpose of loading or unloading
freight.
[Amended 7-10-2012 by Ord. No. 566]
(7)
Parking
in driveways prohibited. No person shall park or leave standing any
motor vehicle in any private driveway without the permission of the
owner or lessee of the property upon which such driveway is located,
whether or not such driveway is posted to prohibit parking.
(8)
Street
maintenance. Whenever it is necessary to repair a City street or any
part thereof, the Department of Public Works shall post such street
or parts thereof with appropriate signs prohibiting parking. Such
signs shall be erected at least two hours prior to the time that street
maintenance work is to be commenced. No person shall park a motor
vehicle in violation of such signs.
[Amended 7-10-2012 by Ord. No. 566]
(9)
Designated
parking spaces. The Chief of Police, with the cooperation of the Director
of Public Works, shall cause lines or markings to be painted upon
the curb and/or upon the street or parking lot surface for the purpose
of designating a parking space. It shall be unlawful to park any vehicle
across any line or marking or to park a vehicle in such position that
the same shall not be entirely within the area designated by such
lines or markings.
(11)
Legal holidays designated. For purposes of enforcement of parking
restrictions in the City, the following days shall be defined as legal
holidays: New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day.
(12)
Handicapped parking.
[Added by Ord. No. 424]
(a)
Stopping, standing or parking prohibited in parking spaces reserved
for vehicles displaying special registration plates or special identification
cards. Except for a motor vehicle used by a physically disabled person,
as defined in Subsection (12)(b) below, no person may park, stop or
leave standing any vehicle, whether attended or unattended and whether
temporarily or otherwise, upon any portion of a street, highway or
parking facility reserved, by official traffic signs indicating the
restriction, for vehicles displaying special registration plates issued
under § 341.14(1), (1a), (1m) or (1q), Wis. Stats., or a
special identification card issued under § 343.51, Wis.
Stats., or vehicles registered in another jurisdiction and displaying
a registration plate, card or emblem issued by the other jurisdiction
which designates the vehicle as a vehicle used by a physically disabled
person.
(b)
Parking spaces for vehicles displaying special registration
plates or special identification cards. In this section, "motor vehicle
used by a physically disabled person" means a motor vehicle displaying
special registration plates issued under § 341.14(1), (1a),
(1m) or (1q), Wis. Stats., or a special identification card issued
under § 343.51, Wis. Stats., or a motor vehicle registered
in another jurisdiction and displaying a registration plate, card
or emblem issued by the other jurisdiction which designates the vehicle
as a vehicle used by a physically disabled person.
Any vehicle parked or left standing upon a highway, street or alley or other public grounds in violation of any of the provisions of this chapter is declared to be a hazard to traffic and public safety. Such vehicle shall be removed by the operator, upon request of any police officer, to a position where parking, stopping or standing is not prohibited. Any police officer, after issuing a citation for illegal parking, stopping or standing of an unattended vehicle in violation of this chapter, is authorized to remove such vehicle to a position where parking is not prohibited. The officer may order a motor carrier holding a permit to perform vehicle towing services, a licensed motor vehicle salvage dealer or a licensed motor vehicle dealer who performs vehicle towing services to remove and store such vehicle in any storage garage or rental parking grounds or any facility of the person providing the towing services. In addition to other penalties provided by § 7.14 of this chapter, the owner or operator of a vehicle so removed shall pay the cost of towing and storage.
[Amended 7-10-2012 by Ord. No. 566]
No person shall leave any vehicle unattended within the City
for such time and under such circumstances as to cause the vehicle
to reasonably appear to be abandoned. The procedure for removing and
disposing of abandoned vehicles, as prescribed in § 342.40,
Wis. Stats., is hereby adopted by reference.
No person shall, within the City, on public or private property,
by or through the use of a motor vehicle, motorcycle, snowmobile or
minibike, under circumstances which tend to cause or provoke a disturbance
or annoy one or more persons, engage in violent, abusive, unreasonably
loud or otherwise disorderly conduct, including, but not limited to,
unnecessary or deliberate or intentional spinning of wheels, squealing
of tires, revving of the engine, blowing the horn, causing the engine
to backfire, or causing the vehicle, while commencing to move or be
in motion, to have one or more of its wheels off the ground. Such
conduct is hereby declared to be both unlawful and a nuisance.
[Amended by Ord. No. 539; 7-10-2012 by Ord. No. 566; 9-11-2018 by Ord. No.
599]
(1)
Off-highway vehicles and state snowmobile laws adopted. Except as
otherwise specifically provided in this chapter, the Wisconsin statutory
provisions describing and defining regulations with respect to snowmobiles
and off-highway vehicles in the following sections of the Wisconsin
Statutes are hereby adopted by reference and made part of this section
as if fully set forth herein. Acts required to be performed or prohibited
by such statutes are required or prohibited by this section, as follows:
|
§ 23.119
|
Off-highway vehicle
|
|
§ 23.335
|
Off-highway motorcycles
|
|
§ 350
|
Snowmobiles
|
(2)
Applicability of rules of the road to snowmobiles. The operator of
an off-highway vehicle or snowmobile upon a roadway shall, in addition
to the provisions of Ch. 350, Wis. Stats., be subject to §§ 346.04,
346.06, 346.11, 346.14(1), 346.18, 346.19, 346.20, 346.21, 346.26,
346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47,
346.48, 346.50(1)(b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.87,
346.88, 346.89, 346.90, 346.91, 346.92(1) and 346.94(1) and (9), Wis.
Stats.
(3)
Snowmobile and other off-highway vehicle operation in City restricted.
(a)
General. It shall be unlawful to operate any snowmobile or any other
motor-driven craft or vehicle principally manufactured for off-highway
use on the City streets, alleys, parks, parking lots, or on any public
lands or private lands or parking lots held open to the public. The
operator shall at all times have the written consent of the owner
before operation of such craft or vehicle on private lands.
(b)
Exception. Snowmobiles may be operated on designated and marked snowmobile
trails established by the Council.
(4)
Hours of operation restricted. No person shall operate a snowmobile
or other off-highway vehicle anywhere within the City between the
hours of 12:00 midnight and 7:00 a.m., except to return to the operator's
place of residence.
(5)
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 a dangerous or narcotic drug.
(6)
Operation while under influence prohibited. Section 350.101, Wis.
Stats., shall apply to the operation of a snowmobile in any place
within the City.
(7)
Penalty. Any person who shall violate any of the provisions of this
section shall be subject to a forfeiture of $50 to $100 for the first
offense, $100 to $200 for the second offense and $200 to $500 for
subsequent offenses, together with the costs of prosecution. Any minor
14 years of age or over may be prosecuted for any violation of this
section pursuant to §§ 48.37, 938.17(2), 938.237 and
938.343, Wis. Stats. A separate offense shall be deemed committed
on each day a violation of this section occurs or continues.
(8)
Clerk to file section. Pursuant to § 350.047, Wis. Stats.,
the City Clerk is hereby authorized and directed to send a copy of
this section to the Department of Natural Resources, the Nekoosa Police
Department and the Wood County Sheriff's Department.
(1)
BICYCLE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A device propelled by the feet acting upon pedals and having
wheels, any two of which are not less than 14 inches in diameter.
(2)
Registration required. No resident of the City shall ride or use
a bicycle with wheels of 20 inches or more upon any public street,
highway or alley in the City unless the same shall have been registered
and licensed as herein provided.
(3)
Registration. Registration shall be made by filing an application
with the Police Department setting forth the name and address of the
owner, together with a complete description of the bicycle, and paying
the registration and license fee hereinafter provided. Upon registration,
the Police Department shall issue an identification tag which shall
be affixed to the bicycle in a place determined by the Police Department.
Such identification tag shall remain so affixed to the bicycle unless
removed by order of a court.
(4)
Bicycle required to be in safe condition. No bicycle shall be registered
that is not in safe mechanical condition and legally equipped.
(5)
License fee. The license fee for each bicycle shall be $5, and the
license shall be issued for an indefinite term. The transfer fee shall
be $2 for a one-time change of ownership and identification tag.
[Amended by Ord. No. 456; 7-10-2012 by Ord. No.
566]
(6)
License transfer. Within 10 days after any bicycle registered hereunder
shall have changed ownership, the former owner shall report such information
to the Police Department. The purchaser shall, within 10 days, register
the bicycle as provided above or transfer the registration.
[Amended by Ord. No. 456]
(7)
Rules for operation of bicycles.
(a)
Every person operating a bicycle in the City shall be subject to
all applicable provisions of this chapter and to applicable state
statutes relating to equipping and operating bicycles.
(b)
No person shall operate a bicycle on City sidewalks, except that
persons under 12 years of age may operate bicycles on residential
sidewalks.
(8)
Warning. The first time a child is detained by a law enforcement
officer for violation of any of the provisions of this section, his
parent, guardian or person having such legal custody may be advised
as to the provisions of this section and further advised that any
violation of this section occurring thereafter by this child or any
other child under his care or custody may result in a penalty being
imposed as hereinafter provided.
(9)
Penalties.
(a)
Persons under 16 years of age. Any person under 16 years of age who
violates any of the provisions of this section shall be reprimanded,
at the discretion of the police officer, in a manner prescribed as
follows:
1.
The officer may, when appropriate, issue a warning card to the parents
of a juvenile who is detained for a violation of any of the provisions
of this section, informing them of the violation; or
2.
The violation shall be considered a matter of record and the appropriate
Police Department juvenile incident report completed for referral
to the juvenile division. At that time, a determination will be made
as to whether to refer the matter to the Juvenile Court for further
action or to summon the offender, accompanied by a parent or guardian,
to police headquarters to discuss the nature of the violation; or
3.
The violation shall not be considered a matter of record in the event
the juvenile attends a bicycle safety course conducted by the Police
Department.
(b)
Persons 16 years of age or over. Any person 16 years of age or over
who violates any of the provisions of this section shall be reprimanded
or cited, at the discretion of the police officer, in a manner prescribed
as follows:
1.
The violation shall not be considered a matter of record in the event
the juvenile attends a bicycle safety course conducted by the Police
Department; or
2.
For any violation of Ch. 346, Wis. Stats., which is applicable to
bicycles, the violator will be issued the uniform traffic citation
and be required to appear in Traffic Court or, if over 18 years of
age, post bond in the amount as prescribed by the uniform bond schedule.
(c)
Persons 18 years of age or over. Any person 18 years of age or over
who violates any of the provisions of this section shall be issued
a Department citation and be required to appear in Traffic Court or
post bond in an amount to be determined by the officer.
No person shall operate a skateboard on the sidewalks in any
business district.
The penalty for violation of any provision of this chapter shall
be a forfeiture as hereinafter provided, together with statutory court
costs and penalty assessments, if applicable.
(1)
State forfeiture statutes. Forfeitures for violation of §§ 340.01
to 348.28, Wis. Stats., shall conform to the forfeiture permitted
to be imposed for violation of the statutes adopted by reference,
including any variations or increases for subsequent offenses.
(2)
State fine statutes. The forfeiture for violation of any statute
adopted by reference hereunder for which the penalty is a fine shall
not exceed the maximum fine permitted under such statute.
(4)
Penalty for overtime parking violations. Notwithstanding any other penalty provided in this chapter, the forfeiture for overtime parking violations, other than those violations contained in the state statutes, as adopted by reference in § 7.01 of this chapter, shall be as hereinafter provided, in addition to any costs associated with the prosecution thereof which are required or authorized by state statute or administrative regulation, as follows:
[Amended by Ord. No. 461[2]]
(1)
Enforcement procedure. This chapter shall be enforced in accordance
with the provisions of §§ 345.20 to 345.53, Ch. 799
and § 66.0114, Wis. Stats.
(2)
Uniform citation. The uniform citation promulgated under § 345.11,
Wis. Stats., shall be used for all moving and nonmoving traffic violations,
except parking violations.
(3)
Notice of demerit points and receipts. Every officer accepting a
forfeited penalty or money deposit under this chapter shall receipt
therefor in triplicate 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,
345.26(1)(a) and 345.27(2), Wis. Stats.
(4)
Parking citations. Citations for all parking violations under this
chapter shall conform to § 345.28, Wis. Stats., and shall
permit direct mail payment of the applicable forfeiture to the Police
Department within 10 days of the issuance of the citation in lieu
of a court appearance. The citation shall specify thereon the amount
of the applicable forfeiture as provided in this chapter.
(5)
Registration record of vehicle as evidence. When any vehicle is found
upon a street, highway or other public right-of-way in violation of
any provision of this Code regulating the stopping, standing or parking
of vehicles, and the identity of the operator cannot be determined,
the owner, as shown by the ownership registration of the vehicle supplied
by the Wisconsin Department of Transportation, or a comparable authority
of any other state, shall be deemed to have committed the violation
for purposes of the enforcement of this section and shall be subject
to the applicable forfeiture penalty; provided, however, that the
defenses defined and described in § 346.485(5), Wis. Stats.,
shall be a defense for an owner charged with such violation.
(6)
Traffic violation and registration program. Pursuant to the provisions
of § 345.28(4), Wis. Stats., the City 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 City Attorney shall be responsible for complying with
the requirements set forth in § 345.28(4), Wis. Stats.
(7)
Deposit schedule. Every police officer issuing a citation for any
violation of this chapter shall indicate on the citation the amount
of the deposit that the alleged violator may make in lieu of court
appearance. The amount of the deposit shall be determined in accordance
with the City bond schedule.
(8)
Disposition of deposits; officers to post bond, qualify. Any police
officer accepting deposits or forfeited penalties under this chapter
shall deliver them to the Municipal Court Clerk within 20 days after
receipt, except for parking forfeitures, which shall be turned over
to the City Treasurer. Costs of prosecution as provided by § 814.65
Wis. Stats.
[Amended 4-14-2015 by Ord. No. 583]
