Town of Milton, WI Vehicles and Traffic

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.

(1)

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.

Wis. Stats.	Subject
941.01(1)	Negligent operation of vehicle off highway
947.04	Drinking in common carriers

(2)

Chapter Trans 305, Standards for Vehicle Equipment, Wis. Adm. Code, is hereby adopted by reference.

§ 346-2 Speed limits.

[Amended 8-2-2012 by Ord. No. 2012-2; 10-11-2012 by Ord. No. 2012-3; 10-11-2012 by Ord. No. 2012-4; 7-8-2013 by Ord. No. 2013-1; 8-10-2015 by Ord. No. 2015-3; 6-12-2017 by Ord. No. 2017-1; 2-8-2021]

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 15 mph:

Name of Street	Location
East Thomas Street	North Charley Bluff Road to the end

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:

	Name of Street	Location
	North Bayview Drive	East Maple Beach Drive to end
	North Birdie Street	East Eagle Drive to end
	East Blackhawk Drive	North Clear Lake Road to end
	North Breezy Drive	EMH Townline Road to end
	East Carly Court	North Kennedy Road to end
	East Charley Bluff Road	North Charley Bluff Road to Lake Drive
	North Charley Bluff Road	45 mph zone to East Charley Bluff Road
	Cooper Drive	Entire length
	North Crestwood Drive	East Maple Beach Drive to end
	Dix Drive	Entire length
	East Eagle Drive	Milton Road to end
	North Fairview Drive	North Clear Lake Road to Green Street
	North Greenvale Drive	EMH Townline Road to end
	Iva Drive	Entire length
	East Jacobs Drive	STH 59 to end
	North Ladue Drive	EMH Townline Road to North Kennedy Road
	Lake Drive	East Thomas Street to East Charley Bluff Road
	East Mallwood Drive	Iva Drive to North Ridge Road
	North Maple Drive	East Maple Beach Drive to East Orchard Drive
	East Maple Beach Drive	Milton-Fulton line to end
	North Maple Beach Drive	East Maple Beach Drive to Lakeview Drive
	North Oakridge Drive	East Bowers Lake Road to end
	East Oakview Drive	Serns Road to end
	North Otter Creek	Milton Road to end
	East Peggy Lane	CTH N to end
	North Raven Court	East Jacobs Drive to end
	North Ridge Road	East Mallwood Drive to East Maple Beach Drive
	North Ridge Trail	North John Paul to end
	East Ryan Road	North Vickerman Road to end
	East Springer Drive	North John Paul to North Ridge Trail
	East Stone Ridge Road	CTH Y to the end
	East Storrs Lake Road	City limits to Storrs Lake Park
	North Traynor Court	STH 26 to end
	West Wood Trail	North Clear Lake Road to end

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:

	Subdivision
	Bayview Estates
	Blackhawk Drive
	Breezy Drive
	Charley Bluff
	Clear Lake Beach
	Dannenberg Drive
	Dix Subdivision
	Glacial Estates
	Greenvale Meadows
	Hawk's Ridge Estates
	Lakewoods
	Lazy Jacres Ranch Estates
	Mallwood Estates
	Mil-Edge Woods
	Oak Ridge Estates
	Pheasant Ridge
	Stone Ridge Estates
	Sylvan Hills

Speed limits on the following streets will have a 30 mph speed limit posted:

	Name of Street	Location
	Bowers Lake Road	From Oakridge Drive west to the city limits of Milton

The following subdivisions will have a 30 mph speed limit posted:

	Subdivision
	Cooper Shores
	Fairway Estates

The following roads will have a speed limit of 35 mph:

	Name of Street	Location
	Parkview Drive	From Blanche Drive to EMH Townline Road

The following roadways will have a 40 mph speed limit:

	Name of Street	Location
	EMH Townline Road	From CTH Y to CTH M
	North Serns Road	From Milton city limits to CTH N

The following roadways will have a speed limit 45 mph:

	Name of Street	Location
	North Charley Bluff Road	From CTH N to beginning of 25 mph zone
	North Clear Lake Road	Entire length
	East High Street	From STH 59 to Milton city limits
	North John Paul Road	Springer Drive to North Milton Road
	North Kennedy Road	CTH M to EMH Townline Road
	North Klug Road	Entire length
	EMH Townline Road	From CTH Y to North Newville Road
	East Manogue Road	Milton city limits to Newville Road
	North Trescher Road	North Pine Road to Vincent Road
	East Vincent Road	Entire length
	North Vogel Road	CTH N to Rock-Jefferson County Line Road

§ 346-3 Through highways designated.

[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:

Intersection	Limits
Bowers Lake Road	From the eastern city limits of Milton to the eastern border of the Town of Milton
Bryant Road	From the northern edge of CTH N to the southern edge of Countyline Road
Charley Bluff Road	From northern edge of CTH N to Lake Koshkonong
Charley Bluff Road	From the northeastern edge of STH 59 to the southern edge of CTH N
Clear Lake Road	From the southern border of STH 59 to the westerly border of STH 59
Cooper Drive	From the southern border of Mallwood Road to the southeasterly border of Mallwood Road
CTH M	From the easterly city edge of Newville Road to the city limits of Milton
CTH N	From the northern edge of STH 59 to the easterly border of the Town of Milton
CTH Y	From the northern edge of the Harmony Milton Townline Road to the city limits of Milton
Harmony Milton Townline Road	From easterly edge of STH 26 to the eastern border of the Town of Milton
Harmony Milton Townline Road	From the western border of the Town of Milton to the western line of Highway 26
Kennedy Road	From the northern edge of Harmony Milton Townline Road to the southern edge of Manogue Road
Kennedy Road	From the northern edge of Manogue Road to the southern edge of CTH M
Klug Road	From the eastern edge of STH 26 to the southern edge of CTH N
Ladue Drive	From the northern edge of Milton Harmony Townline Road to the western edge of North Kennedy Road
Lake Drive	From the northern edge of Thomas Street to the western edge of Nelson Street
Manogue Road	From the westerly curve line of Newville Road to the city limits of Milton
Maple Beach Road	From the western border of the Town of Milton to the eastern edge of Hotel Drive
Nelson Street	From the northern edge of Thomas Street to the western edge of Charley Bluff Road
North John Paul Road	From the city limits of Milton to the westerly edge of STH 26
Pine Road	From the westerly edge of Newville Road to the northerly edge of CTH M
Schmidt Road	From the eastern edge of Bryant to the eastern border of the Town of Milton
Serns Road	From the southerly border of CTH N to the northern limits of the City of Milton
STH 26	From the north border of the Town of Milton to the city limits of Milton
STH 26	From the southerly border of the City of Milton to the southerly border of the Town of Milton
STH 59	From the city limits of Milton to the eastern border of the Town of Milton
STH 59	From the northern Milton city limits to the western Town of Milton line
Thomas Street	From the western edge of Charley Bluff Road to Lake Koshkonong
Trescher Road	From the northern edge of Pine Road to the southern edge of Vincent Road
Vickerman Road	From the northern edge of Harmony Milton Townline Road to the southern border of STH 59
Vincent Road	From the southern border of STH 59 at the westerly most location of Vincent Road to the southern border of STH 59 at the easterly most location of Vincent Road
Vogel Road	From the northern edge of CTH N to the northern border of the Town of Milton

§ 346-4 Parking restrictions; violations and penalties.

[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:

	Name of Street
	Mallwood Estates (all roadways)
	Nelson Street (in Charley Bluff)
	North Lake Street (in Charley Bluff)
	Shore Drive (in Charley Bluff)

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.

§ 346-5 Violations and penalties.

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.

§ 346-6 Enforcement.

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.

§ 346-7 References to statutes.

Reference to specific statutory sections, wherever used in this chapter, shall mean the Wisconsin Statutes of 1971 and any updates thereafter.

§ 346-8 Effective date.

This chapter shall take effect and be in force as of July 3, 1973, upon passage and posting as provided by law.

§ 346-9 Abandoned vehicles.

Pursuant to Chapter 131, Laws of 1971,[1] 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.

(1)

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.

(a)

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.

(b)

After deducting the expenses of impoundment sale, the balance of the proceeds, if any, shall be paid into the Town Treasury.

(2)

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.[2]

[2]

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

[1]

Editor's Note: See § 342.40, Wis. Stats.

§ 346-10 Trains blocking highways and driveways. [1]

[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.[2]

[2]

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

Each 10 minutes of violation shall be considered a separate offense.

[1]

Editor's Note: Original § 11, Offenses endangering public peace and good order, which immediately preceded this section, was moved to Ch. 280, Peace and Good Order. See now § 280-8.

§ 346-11 Engine braking.

[Added 6-13-2022 by Ord. No. 2022-5]

Definitions.

ENGINE BRAKES

Any mechanical exhaust device, compression brake, or other device in a motor vehicle other than conventional brake pads and drums or disks, used for the purpose of slowing or stopping a motor vehicle.

EMERGENCY

A situation in which there is an imminent and immediate risk of injury to a person or damage to another vehicle or property. The term does not include situations which resulting from operating the vehicle in excess of posted speed limits or from lack of due care by the vehicle operator.

Unlawful use of engine brakes and compression brakes. It shall be unlawful for the driver of any vehicle to use or operate, or cause to be used or operated, engine brakes in the Town of Milton, except in an emergency.

Penalties. Any person who is convicted of violating any provisions of this section shall forfeit not less than $50 nor more than $250 per violation. Any person who is convicted of a second or subsequent violation of the same provision of this ordinance in less than 12 months shall forfeit not less than $200 nor more than $500.