City of Weyauwega, WI Article IV Miscellaneous Provisions

§ 454-29 Disturbing the peace with motor vehicle.

A. Unnecessary noise prohibited.

(1) Unnecessary noise. It shall be unlawful for any person to operate a motor vehicle in such a manner which shall make or cause to be made any loud, disturbing, or unnecessary sounds or noises such as may tend to annoy or disturb another in or about any public or private area in the City of Weyauwega.

(2) Mufflers. Every motor vehicle operated upon a public way shall be equipped with a muffler in good and proper working order and be in constant operation so as to prevent excessive or unusual noise or annoying exhaust smoke.

(3) Use of devices. No person shall use or place upon any motor vehicle to be operated upon a public way any muffler cutout, bypass or similar device. No device shall be used on any motor vehicle operated upon the public way to create unnecessary noise and disturbance.

B. Unnecessary smoke prohibited. It shall be unlawful for any person to operate a motor vehicle in such a manner which shall make or cause to be made any smoke, gases, or odors which are disagreeable, foul, or otherwise offensive which may tend to annoy or disturb another in or about any public or private area in the City.

C. Unnecessary acceleration and display of power prohibited. It shall be unlawful for any person to operate any vehicle, including motorcycles, all-terrain vehicles and bicycles, in such a manner as to cause, by excessive and unnecessary acceleration, the tires of such vehicle or cycle to spin or emit loud noises or to unnecessarily throw stones or gravel, nor shall such driver cause to be made by excessive and unnecessary acceleration any loud noise as would disturb the peace.

D. Disorderly conduct with a motor vehicle.

(1) Conduct prohibited. No person shall, within the City of Weyauwega, by or through the use of any motor vehicle, including but not limited to an automobile, truck, motorcycle, minibike or snowmobile, cause or provoke disorderly conduct with a motor vehicle, cause a disturbance or annoy one or more persons, or disturb or endanger the property or the safety of another's person or property.

(2) Definition. "Disorderly conduct with a motor vehicle" shall mean the engaging in violent, abusive, unreasonably loud conduct, or disturbing or endangering the property or the safety of another's person or property, or otherwise disorderly conduct, including but not limited to unnecessary, deliberate or intentional spinning of wheels, squealing of tires, revving of engine, blowing the horn, causing the engine to backfire or causing the vehicle, while commencing to move or in motion, to raise one or more wheels off the ground.

E. Avoidance of traffic control device prohibited. It shall be unlawful for any person to operate a motor vehicle in such a manner as to leave the roadway and travel across private property to avoid an official traffic control device, sign, or signal.

F. Operation in restricted area prohibited. It shall be unlawful for any person to operate a motor vehicle in such a manner as to leave the roadway and park, stop, or travel upon or across any public or private property, parking lot, driveway, or business service area for any purpose except the official conduct of business located on said property without the consent of the owner or lessee of the property. This subsection shall specifically include, but not be limited to:

(1) Public park property;

(2) Cemetery properties;

(3) School district property;

(4) Medical facilities;

(5) Funeral homes;

(6) Service stations;

(7) Grocery stores;

(8) Restaurants;

(9) Financial institutions; and

(10) Other similar-type businesses with service driveways or drive-up or drive-through facilities.

G. Stopping and parking prohibited. It shall be unlawful for any person to stop or park a motor vehicle in any manner on any public or private property or parking lot contrary to a regulatory sign posted thereon which may permit parking by certain persons and limits, restricts, or prohibits parking as to other persons without the consent of the owner or lessee of the property. Any vehicle parked in violation of this subsection may be cited and/or removed or towed by the property owner at the vehicle owner's expense.

§ 454-30 Motor vehicles on pedestrianways and overpasses.

No person shall operate or park any motor vehicle on any sidewalk, pedestrianway or pedestrian overpass within the City of Weyauwega except municipal or county maintenance vehicles.

§ 454-31 School crossing guards.

Pursuant to § 349.215, Wis. Stats., those adult persons hired by the school district or Police Department to act as school crossing guards shall have the authority to stop vehicular traffic and to keep it stopped as long as necessary at their respective school crossings for the purpose of permitting school children to cross the street.

§ 454-32 Driving over curbing or safety islands.

A. Driving over curbing prohibited. It shall be unlawful for any motor vehicle to be driven or backed over any curbing in the City of Weyauwega.

B. Driving over safety zones or islands prohibited. Whenever safety zones or safety islands are marked in accordance with the Wisconsin Uniform Traffic Control Device Manual, no operator of a vehicle shall at any time drive through or over a safety zone or safety island. Persons causing damage to curbing by driving over such curbing shall be responsible for the cost of such repairs.

§ 454-33 Use of compression brakes.

No person shall use motor vehicle brakes within the City of Weyauwega that are in any way activated or operated by the compression of an engine of any such motor vehicle or any unit or part thereof.

§ 454-34 Sound-producing devices in vehicles. [1]

A. Pursuant to § 349.135, Wis. Stats., adopted by reference in § 454-1 of this chapter, and notwithstanding § 346.94(16), Wis. Stats., the City provides that, except as provided in § 347.38(1), Wis. Stats., no person may operate or park, stop or leave standing a motor vehicle while using a radio or other electric sound amplification device emitting sound from the vehicle that is clearly audible under normal conditions from a distance of 50 or more feet, unless the electric sound amplification device is being used to request assistance or warn against an unsafe condition. Any person violating this subsection may be required to forfeit not less than $40 nor more than $80 for the first violation and not less than $100 nor more than $200 for the second or subsequent violation within a year.

B. Subsection A does not apply to any of the following:

(1) The operator of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm.

(2) The operator of a vehicle of a public utility, as defined in § 11.40(1)(a), Wis. Stats.

(3) The operator of a vehicle that is being used for advertising purposes.

(4) The operator of a vehicle that is being used in a community event or celebration, procession or assemblage.

(5) The activation of a theft alarm signal device.

(6) The operator of a motorcycle being operated outside of a business or residence district.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).