[HISTORY: Adopted by the Town Board of the Town of Milton 7-2-1973 by Ord. No. 41; amended 10-1-1998. Amendments noted where applicable.]
State traffic forfeiture laws adopted. Except as otherwise specifically provided in this chapter, all provisions of Chapters 340 to 348 of the Wisconsin Statutes 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 any statute incorporated herein by reference is required or prohibited by this chapter.
[Amended 7-8-2013 by Ord. No. 2013-1]
Other laws adopted.
There are also hereby adopted by reference the following sections of the Wisconsin Statutes but the prosecution of such offenses under this chapter shall be as provided in Chapters 340 to 348 of the Wisconsin Statutes and the penalty for violation thereof shall be limited for a forfeiture as provided in § 346-5 of this chapter.
Chapter Trans 305, Standards for Vehicle Equipment, Wis. Adm. Code, is hereby adopted by reference.
In addition to the posted speed limits and speed limits prescribed by § 346.57, Wis Stats., the speed limit on the following streets will be 25 mph:
[Amended 10-11-2012 by Ord. No. 2012-3; 10-11-2012 by Ord. No. 2012-4; 7-8-2013 by Ord. No. 2013-1]
Speed limits in subdivisions. In addition to the speed limits listed in this section, the following subdivisions shall have a speed limit of 25 mph:
The following subdivisions will have 30 mph speed limit posted:
Speed limits on the following streets will be 45 mph:
[Added 8-2-2012 by Ord. No. 2012-2]
[Amended 7-8-2013 by Ord. No. 2013-1]
In the interest of public safety and pursuant to § 349.07, Wis. Stats., the following streets, roads or highways are declared to be through highways, and traffic signals or signs giving notice thereof shall be erected by Rock County, or, in the event it is not done by Rock County, by the Police Chief:
[Added by Ord. No. 52; amended 2-6-1978 by Ord. No. 53; 10-13-2008]
Pursuant to § 346.55(3), Wis. Stats, no person shall leave or park a motor vehicle contrary to posted "No Parking" or "Restricted Parking" signs on these roadways:
The penalty for violation of "No Parking" signs shall be, upon conviction, a forfeiture of not less that $20 nor more than $40 for a first offense, and not less than $50 nor more than $100 for a second and all subsequent offenses within a year.
The penalty for violation of any provision of this chapter shall be a forfeiture as hereinafter provided together with the costs of prosecution imposed in §§ 345.20 to 345.53, Wis. Stats.
This chapter shall be enforced in accordance with the provisions in §§ 345.20 to 345.53, Ch. 799 and § 66.0114, Wis. Stats.
Stipulation of guilt or no contest. Stipulations of guilt or no contest may be made by persons arrested for violation of this chapter in accordance with § 66.0114(1)(b), Wis. Stats., whenever the provision of § 345.27, Wis. Stats., are inapplicable to such violations. Stipulations shall conform to the form contracted on the uniform traffic citation and complaint under § 345.11, Wis. Stats., and may be accepted within five days of the date of the alleged violation. Stipulations may be accepted by the Chief of Police.
Deposits. Any person stipulation guilt or no contest under Subsection A of this section must make the deposit required under § 345.26, Wis. Stats., or if the deposit is not established under such statute, shall deposit a forfeiture penalty as provided in the schedule established by the Chief of Police and approved by the Town Board. Deposits may be brought or mailed to the office of the Chief of Police or the Clerk of Courts as directed by the arresting officer. Deposits for parking and nonmoving violations shall be mailed to the Police Department or Chief of Police.
Notice of demerit points and receipt. 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 provision of this chapter shall comply with the provisions of §§ 343.28, 345.26(1)(a), and 345.27(2), Wis. Stats., and shall require the alleged violator to sign a statement of notice in substantially the form contained on the uniform traffic citation and complaint promulgated under § 345.11, Wis. Stats.
Forfeitures in treasury; officer to post bond; qualifying. Any officer accepting deposits or forfeited penalties under this chapter shall deliver them to the Town Treasurer within 20 days after receipt. Any officer authorized to accept deposits under § 345.26, Wis. Stats., shall qualify by taking the oath prescribed under § 19.01, Wis. Stats., and filing an official bond in the sum of $1,000 as described by § 19.01, Wis. Stats.
Reference to specific statutory sections, wherever used in this chapter, shall mean the Wisconsin Statutes of 1971 and any updates thereafter.
This chapter shall take effect and be in force as of July 3, 1973, upon passage and posting as provided by law.
Pursuant to Chapter 131, Laws of 1971, the Town Board of the Town of Milton, Rock County, Wisconsin, does further ordain as follows:
Vehicle abandonment prohibited. No person shall leave unattended any motor vehicle, trailer, semitrailer or mobile home on any public street or highway or public or private property, for such time 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 Town road, street, or highway on any public or private property within the Town, without the permission of the owner for more than 48 hours, the vehicle is deemed abandoned and constitutes a public nuisance.
Removal and impoundment of abandoned vehicles. Any vehicle in violation of this section shall be impounded until lawfully claimed or disposed of under Subsection C of this section, except that if the Chief of Police or his duly authorized representative determines that the cost of towing the vehicle and storage charges for the impoundment would exceed the value of the vehicle, the vehicle may be junked by the Town prior to expiration of the impoundment, upon determination by the Chief of Police or his duly authorized representative that the vehicle is not wanted for evidence or other reasons.
Disposal of abandoned vehicles.
If the Chief of Police or his duly authorized representative determines that the value of the abandoned vehicle exceeds $100, he should notify the owner and the lien holders of record by certified mail that the vehicle has been deemed abandoned and impounded by the Town and may be reclaimed within 15 days upon payment of accrued charges: towing, storage and notice charges and if not so reclaimed shall be sold.
In the event an abandoned vehicle determined to exceed $100 in value is not reclaimed within the period and under the conditions as provided above, it may be sold at private sale, by auction, or by sealed bid. The description of the vehicle and the terms of the sale shall be published as a Class 1 notice or posted five days before the sale in three public places in the Town.
After deducting the expenses of impoundment sale, the balance of the proceeds, if any, shall be paid into the Town Treasury.
Any abandoned vehicle which is determined by the Chief of Police or his duly authorized representative to have a value of less than $100 may be disposed of by direct sale to a licensed salvage dealer, upon determination if the vehicle is not reported stolen or evidence.
Owner's responsibility for impoundment and sales costs. The owner of any abandoned vehicle, except a stolen vehicle, is responsible for the abandonment and all costs of impoundment and disposing of the vehicle. Costs not recovered for the sale of the vehicle may be recovered by civil action by the Town against the owner.
Notice of sale or disposition. Within five days after the sale or disposal of a vehicle in Subsection C above, the Chief of Police or duly authorized representative 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 also be given to the purchaser of the vehicle. A copy shall also be retained on file in the Town.
Penalty. Any person who shall abandon a vehicle in violation of this chapter shall, upon conviction thereof, forfeit not less than $100 nor more than $500 together with the costs of prosecution and, in default of the payment of the forfeiture and costs of prosecution, shall be imprisoned in the county jail until such costs are paid, but not to exceed 10 days.
Editor's Note: See § 342.40, Wis. Stats.
[Added 7-8-2002 by Ord. No. 070802]
It shall be unlawful for any person to stop any railroad train, locomotive or train car upon or across any highway or street crossing or driveway accesses within the Town of Milton and to leave the same standing upon such crossing longer than 10 minutes, except in cases of accident or malfunction. Any conductor, engineer, or brakeman or other person responsible therefor shall be subject to a fine or forfeiture of not less than $100 nor more than $200 excluding court costs.
Each 10 minutes of violation shall be considered a separate offense.