[HISTORY: Adopted by the Village Board of
Village of Cottage Grove 7-2-1984 as Ch. 9 and Sec. 10.14 of the 1984 Code. Amendments noted
where applicable.]
Except as otherwise specifically provided in
this chapter, the statutory provisions in Chs. 340 to 348, Wis. Stats.,
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 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.
A.
State speed limits adopted. The provisions of ss. 346.57, 346.58 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, except as specified by Subsection B pursuant to s. 349.11(3)(c), Wis. Stats.
B.
Posted limits. No person shall drive a vehicle in
excess of any speed limit established by law and indicated by official
signs.
There is hereby established an official map
upon which shall be indicated no-parking areas, restricted parking
areas, stop signs, arterial intersections, yield signs, special speed
limits, one-way streets and alleys, school crossings and any other
restrictions and limitations as directed by the Village Board. A violation
of the restriction or limitation shown on the Official Traffic Map
shall be a violation of this section. A copy of the Official Traffic
Map shall be maintained in the office of the Clerk, the Law Enforcement
Department and the Municipal Court. The Village Board may from time
to time make additions or deletions from the Official Traffic Map,
and the Engineer shall keep such Official Traffic Map current.
A.
Village President responsible. The Village President
or his or her designee 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 law. Signs shall be erected in such
locations as shown on the Official Traffic Map and in such manner
as shall conform to the rules and regulations of the Wisconsin Department
of Transportation.
B.
Removal of unofficial signs and signals. The Village
President or his or her authorized agent shall have the authority
granted by s. 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 s. 346.41, Wis. Stats. Any charge
imposed on any premises for removal of an illegal sign, signal or
device shall be reported to the Village Board at its next regular
meeting for review and certification.
A.
Parking in excess of 24 hours prohibited. No person
shall park any motor vehicle, trailer, semitrailer or mobile home
on any Village street or Village parking lot for 24 or more consecutive
hours.
B.
Abandoned vehicles.
(1)
Vehicle abandonment prohibited. No person shall leave
unattended any motor vehicle, trailer, semitrailer or mobile home
on any public street or highway or on public or private property for
such time and under such circumstances as to cause the vehicle to
reasonably appear to have been abandoned. When any such vehicle has
been left unattended on any Village street or highway or on any public
or private property within the Village without the permission of the
property owner for more than 72 hours, the vehicle is deemed abandoned
and constitutes a public nuisance. A vehicle shall not be considered
an abandoned vehicle when it is out of ordinary public view or when
designated as not abandoned by the Chief of Police.
(2)
Removal and impoundment of abandoned vehicles. Any vehicle in violation of this Subsection B shall be impounded until lawfully claimed or disposed of under Subsection B(3), except that if the Chief of Police or the Chief's authorized representative determines that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle, the vehicle may be junked by the Village prior to expiration of the impoundment period upon determination by the Chief of Police or the Chief's designee that the vehicle is not wanted for evidence or any other reason.
(3)
Disposal of abandoned vehicles.
(a)
Vehicles exceeding $100 in value.
[1]
If the Chief of Police or the Chief's authorized representative determines that the value of an abandoned vehicle exceeds $100, the Chief shall notify the owner and lienholders of record by certified mail that the vehicle has been deemed abandoned and impounded by the Village and may be reclaimed within 15 days upon payment of accrued towing, storage and notice charges and if not so reclaimed shall be sold. See also Subsection B(4).
[2]
If an abandoned vehicle exceeding $100 in value is not reclaimed within the period and under the conditions provided in Subsection B(3)(a)[1] above, it may be sold at private sale.
[3]
After deducting the expenses of impoundment
and sale, the balance of the proceeds, if any, shall be paid into
the Village treasury.
(b)
Vehicles of less than $100 in value. Any abandoned
vehicle which is determined by the Chief of Police or the Chief's
authorized representative to have a value of less than $100 may be
disposed of by direct sale to a licensed salvage dealer upon determination
that the vehicle is not reported stolen.
(4)
Owner responsible for impoundment and sale costs.
The owner of any abandoned vehicle, except a stolen vehicle, is responsible
for the abandonment and all costs of impounding and disposing of the
vehicle, including any forfeiture imposed for violation of this Section
B. Costs not recovered by the sale of the vehicle may be recovered
in a civil action by the Village against the owner.
(5)
Notice of sale or disposition. Within five days after the sale or disposal of a vehicle as provided in Subsection B(3), the Chief or the Chief's designee shall advise the Wisconsin Department of Transportation, Division of Motor Vehicles, of such sale or disposition on a form supplied by the Division. A copy of such form shall be given to the purchaser of the vehicle, and a copy shall be retained on file in the Village.
C.
Leaving key in ignition of unattended vehicle prohibited.
No person shall, within the Village, leave any motor vehicle unattended
with the ignition key therein, unless such vehicle is in a locked
or attended enclosure, private garage, attended parking lot or public
garage.
D.
Parking of any motor vehicle, trailer, semi trailer
or mobile home on any public street, or highway for the purpose of
selling said motor vehicle, trailer, semi trailer or mobile home is
prohibited. This prohibition shall not apply to any business establishment
or dealership licensed for that purpose.
[Amended 11-15-1999; 11-20-2006 by Ord. No. 11-2006]
E.
No motor vehicle, trailer, semi-trailer or mobile home may be parked
within three feet of a driveway or mailbox, in such manner as to block
the sidewalk and/or multiuse path or trail.
[Added 2-6-2012 by Ord. No. 01-2012]
A.
State snowmobile laws adopted. Except as otherwise
specifically provided in this chapter, the statutory provisions describing
and defining regulations with respect to snowmobiles of Ch. 350, Wis.
Stats., are hereby adopted by reference and made a part of this section
as if fully set forth herein. Acts for which the penalty prescribed
by Ch. 350, Wis. Stats., is a fine or imprisonment are excluded from
this section. Acts required to be performed or prohibited by Ch. 350,
Wis. Stats., are required or prohibited by this section.
B.
Applicability of rules of the road to snowmobiles.
The operator of a snowmobile upon a roadway shall, in addition to
the provisions of Ch. 350, Wis. Stats., be subject to ss. 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.
[Amended 3-19-2001 by Ord. No. 01-2001]
C.
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 dangerous or narcotic drug.
D.
Operation while under the influence prohibited. Section
346.63 of the Wisconsin Statutes shall apply to the operation of a
snowmobile any place within the Village.
E.
Written consent of owner required. The consent required
under s. 350.10(1)(f), (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 must be obtained.
[Amended 10-17-1994; 9-5-2006 by Ord. No. 10-2006; 2-19-2018 by Ord. No. 01-2018; 3-16-2020 by Ord. No. 03-2020; 10-19-2020 by Ord. No. 03A-2020]
A.
The Director of Public Works may declare a snow emergency.
Whenever the Director or the Director's designee determines that an
emergency exists because of existing or threatening snow or ice conditions
which necessitate prompt removal of accumulations of ice and snow
from streets and highways, the Director or the Director's designee
may, by appropriate public media, declare a snow emergency during
which the following emergency snow parking regulations shall be in
force in the Village.
B.
During a declared snow emergency, no person shall
park any vehicle at any time on any street within the Village.
C.
Termination of emergency. A snow emergency may be
terminated by public announcement in the appropriate public media
declaring the termination.
D.
Alternate side parking.
[Amended 1-19-2022 by Ord. No. 01-2022; 12-5-2022 by Ord. No. 08-2022]
(1)
Alternate side parking regulations shall be in effect on all Village
streets from December 1 to March 15 of each year. Parking shall be
on the even side of the street on even-numbered days and the odd side
of the street on odd-numbered days. The numerical date as of 12:01
a.m. shall be in effect until 8:00 a.m.
(2)
The following streets/portions of streets of the Village shall be
exempt from the terms of this subsection:
(a)
All of Uphoff Drive.
(b)
South Main Street from the railroad tracks to Reynolds Street.
(c)
All of Reynolds Street.
(d)
Commerce Parkway, Limestone Pass, Landmark Drive from Commerce
Parkway north and Matt Pass from Limestone Pass north.
(e)
All of Clark Street.
(f)
All of Grove Street.
(g)
All of East Taylor Street.
(h)
West Oak Street from Main Street to Westlawn Drive.
E.
Penalties and enforcement. Any person violating a provision of this section shall, upon conviction thereof, be subject to forfeiture of not less than $25 nor more than $100, together with costs of prosecution and penalty assessments, and in default of payment thereof, shall be imprisoned until such forfeiture has been paid, but not to exceed 90 days. Vehicles parked in violation of this section may be ticketed and towed in accordance with § 305-5B of this chapter.
[Added 8-6-2012 by Ord. No. 10-2012[1]]
A.
The provisions of § 23.33, Wis. Stats., relating to all-terrain
vehicles and utility terrain vehicles are hereby adopted by reference
and made a part of this chapter as if fully set forth.
B.
Acts for which the penalty prescribed by § 23.33, Wis.
Stats., is a fine or imprisonment are excluded from this chapter.
C.
Acts required to be performed or prohibited by Wisconsin Statutes
are required or prohibited by this chapter.
No person who does not hold a valid driver's
license shall operate a motor vehicle in any public or private parking
lot held out for use for parking for the general public.
[Amended 8-6-2012 by Ord. No. 10-2012]
Chapter Trans 305 of the Wisconsin Administrative
Code is hereby adopted as if fully set forth herein.
[Added 10-5-1998]
A.
Definitions. For purposes of this section "heavy traffic"
shall be defined as:
B.
Prohibited routes. Heavy traffic is prohibited from
using any Village street not designated as a heavy traffic route.
This section shall not act to prohibit heavy traffic from using Village
streets for the purpose of obtaining orders for supplies or moving
or delivering supplies or commodities to or from any place of business
or residence which has an entrance on such street. Furthermore, this
section will not act to prohibit any heavy traffic from using any
Village streets over which are routed state trunk highways. When being
driven to the site of any construction, repair or maintenance of electric,
gas or water service, vehicles owned and operated by a public utility
will be exempt from the provisions of this section.
C.
Administration. The Director of Public Works in cooperation
with the Law Enforcement Department shall administer this section.
Administration shall include:
(1)
Posting of signs. Appropriate signs shall be posted
giving notice of this section and of the heavy traffic routes established
herein.
(2)
Maps. Heavy traffic routes shall be shown on the Official
Traffic Map.
(3)
Construction equipment.
(a)
The Director of Public works may grant temporary
permits to allow heavy traffic construction equipment to use Village
streets and highways not designated as heavy traffic routes. These
permits may be granted only when use of a nondesignated route is necessary
for the equipment to reach a construction site. No permit may be issued
unless the person or corporation owning the equipment agrees to reimburse
and hold the Village harmless for any damage done to the Village street
by the equipment and/or any personal injury or property damage caused
in part or in whole by the street damage.
(b)
Village-owned or -operated equipment is specifically
excluded from the provisions of this section.
D.
Liability. Any operator, corporation, owner or agent
whose heavy traffic vehicle damages any Village streets or highways
in violating this section shall be liable and required to pay the
Village the cost of repair or replacement of the damaged street or
highway.
E.
Designated heavy traffic routes. The following highways,
streets or parts thereof within the limits of the Village are designated
heavy traffic routes:
(1)
Main Street.
(2)
Cottage Grove Road.
(3)
Donkel Street.
(4)
Bonnie Road 500 feet north of Donkel Street.
(5)
Corporate Court.
(6)
Crawford Drive 400 feet north of Cottage Grove Road.
(7)
Southing Grange 200 feet south of Cottage Grove Road.
(8)
Clark Street.
(9)
Taylor Street.
(10)
School Road to North Windsor.
(11)
North Windsor.
(12)
Gaston Road.
(13)
Southing Grange 450 feet north of CTH BB.
A.
State statutes. Any forfeiture for violation of the state statutes adopted by reference in § 305-1 of this chapter shall conform to the forfeiture permitted to be imposed for violation of such statute as set forth in Chs. 340 through 348, Wis. Stats., including any variations or increases for subsequent offenses.
A.
Enforcement procedure. This chapter shall be enforced
according to s. 66.12, Wis. Stats.,[1] and Ch. 800, Wis. Stats., and ss. 345.20 to 345.53, Wis.
Stats.
[1]
Editor's Note: Section 66.12 was renumbered
and amended as s. 66.0114, except for Subsection (1)(d), which was
repealed, by 1999 Act. 150, ss. 278 to 283, eff. 1-1-2001.
B.
Deposit. Any person arrested for a violation of this
chapter may make a deposit of money as directed by the arresting officer
at the police station or at the office of the Clerk of court or by
mailing the deposit to such places. The arresting officer or the person
receiving the deposit shall comply with ss. 345.26 and 345.27, Wis.
Stats., or, if the deposit is mailed, the signed statement required
under ss. 345.26 and 345.27 shall be mailed with the deposit. The
arresting officer of the person receiving the deposit shall notify
the arrested person, orally or in writing, that:
(1)
If he or she fails to appear in court at the time
fixed in the citation, he or she shall be deemed to have tendered
a plea of no contest and submitted to a forfeiture plus costs not
to exceed the amount of the deposit; or
(2)
If he or she fails to appear in court at the time
fixed in the citation, and if the court does not accept the deposit
as a forfeiture, he or she will be summoned into court to answer the
complaint.
(3)
The amount of the deposit shall be determined in accordance
with the deposit schedule established by the Wisconsin Judicial Conference.
The deposit shall include court costs, suit tax and any applicable
penalty assessment. The arresting officer or the person receiving
the deposit shall issue the arrested person a receipt therefor as
required by s. 345.26(3)(b), Wis. Stats.
(4)
If a deposit amount has not been established for a
particular offense, the officer shall required the alleged offender
to deposit not less than the minimum forfeiture for the offense plus
costs and penalty assessment.
C.
Stipulation of no contest. Any person charged with a violation of this chapter, except § 305-1 adopting ss. 346.62 and 346.63, Wis. Stats., may make a stipulation of no contest pursuant to s. 345.27, Wis. Stats., which must be received at the office of the Law Enforcement Department or 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 or she 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 s. 345.37, Wis. Stats.
A.
No person who is not licensed to operate a motor-driven
cycle shall operate such cycle within the Village, whether such cycle
is licensed or not.
B.
No parent or guardian shall permit his or her child
or ward to violate this section. A second or other successive violations
by the child or ward within a period of one year shall be prima facie
evidence that the parent or guardian has permitted such violation.
[Added 12-17-2007 by Ord. No. 14-2007]
A.
Use of warning lights required; when actuated; stopping
distance from bus.
(1)
Notwithstanding the provisions of s. 346.48(2)(b)2, Wis. Stats., adopted by reference in § 305-1 to the contrary and except as provided in Subsection B below, school bus operators shall use flashing red warning lights in residential and business districts when pupils or other authorized passengers are to be loaded or unloaded at locations at which there are no crosswalk or traffic signals so that pupils must cross the street or highway before being loaded or after being unloaded.
(2)
The operator of a school bus equipped with flashing
red warning lights shall actuate such lights at least 100 feet before
stopping to load or unload pupils or other authorized passengers and
shall not extinguish such lights until loading or unloading is completed
and persons who must cross the street or highway are safely across.
(3)
The operator of a school bus shall use the flashing
red warning lights when loading or unloading passengers in a residential
or business district, with the exception of streets or highways with
four or more lanes.
(4)
The operator of a motor vehicle which approaches from
the front or rear of any school bus which has stopped on a street
or highway when the bus is displaying flashing red warning lights
shall stop the vehicle not less than 20 feet from the bus and shall
remain stopped until the bus resumes motion or the operator extinguishes
the flashing red warning lights. The operator of a school bus which
approaches the front or rear of another school bus that has stopped
and is displaying red warning lights shall stop not less than 20 feet
from the other bus, display its red warning lights and remain stopped
with red warning lights actuated until the other bus resumes motion
or the other operator extinguishes the flashing red warning lights.
B.
Pursuant to s. 349.21(2), Wis. Stats., the use of
flashing red warning lights by school bus operators is prohibited
when pupils or other authorized passengers are loaded or unloaded
directly from or onto the school grounds or that portion of a right-of-way
between the roadway and the school grounds designated by "school"
warning signs as provided in s. 118.08(1), Wis. Stats.
[Added 4-7-2008 by Ord. No. 03-2008]
A.
Definitions; requirements.
(1)
NEIGHBORHOOD ELECTRIC VEHICLE (NEV)
Definitions.
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)
Requirements. Neighborhood electric vehicles 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 than 2,500 pounds. The NEV 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 red 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 rearview 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 571.500S6.
B.
Permitted users of neighborhood electric vehicles. To use an NEV on Village streets meeting the criteria set forth in Subsection A(1) above, the individual driver must have a valid Wisconsin driver's license.
C.
Permitted use of neighborhood electric vehicles on Village streets. Any driver meeting the requirements of Subsection B above may operate a licensed NEV on the Village streets having a posted speed limit of 35 miles per hour or less. Headlamps must be on at all times during operation on Village streets.
D.
Operation of neighborhood electric vehicles. Neighborhood electric
vehicles shall comply with all state and local traffic laws, including
but not limited to Chapter 70 of the Village Code of Ordinances, and
owners and operators of NEVs shall be subject to citations and forfeitures
for any such violation.
E.
License. Neighborhood electric vehicles shall be licensed as provided
by the State of Wisconsin.
F.
Exclusions. "Neighborhood electric vehicle" does not include an electric
golf cart.
[Added 9-20-2021 by Ord. No. 09-2021]
Any person appointed by the Village or Monona Grove School District
to act as a school crossing guard shall have the authority to stop
vehicular traffic and to keep it stopped as long as necessary at a
school crossing for the purpose of permitting school children to cross
the street.