A.Â
Unnecessary noise prohibited. It shall be unlawful for any person
to operate a motor vehicle with a loud muffler or 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 Village of Argyle.
B.Â
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 Village.
C.Â
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, squeal 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.Â
Disorderly conduct with a motor vehicle.
(1)Â
Conduct prohibited. No person shall, within the Village of Argyle,
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)Â
DISORDERLY CONDUCT WITH A MOTOR VEHICLE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.Â
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.Â
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 section shall specifically include, but not be limited to:
(1)Â
Public park property;
(2)Â
Cemetery properties;
(3)Â
School District property;
(4)Â
Medical facilities;
(5)Â
Funeral homes;
(6)Â
Service stations;
(7)Â
Grocery stores;
(8)Â
Restaurants;
(9)Â
Financial institutions; and
(10)Â
Other similar-type businesses with service driveways or drive-up
or drive-through facilities.
G.Â
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 section may be removed or towed by the property owner at the
vehicle owner's expense.
No person shall operate or park any motor vehicle on any pedestrianway
or pedestrian overpass within the Village of Argyle except municipal
or county maintenance vehicles.
A.Â
Authority. 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 schoolchildren to cross
the street.
B.Â
Unlawful to disobey. It shall be unlawful for any person to refuse
or fail to comply with any lawful order, signal or direction of any
adult school crossing guard given for the purpose of permitting schoolchildren
to cross the street.
A.Â
Driving over curbing prohibited. It shall be unlawful for any motor
vehicle to be driven or backed over any curbing in the Village of
Argyle.
B.Â
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.
A.Â
Sound-producing devices; impoundment; seizure and forfeiture.[1]
(1)Â
In this section, "sound-producing device" does not include a piece
of equipment or machinery that is designed for agricultural purposes
and that is being used in the conduct of agricultural operations.
(2)Â
A law enforcement officer, at the time of issuing a citation for
a violation of § 346.94(16), Wis. Stats., or a Village ordinance
in strict conformity with § 346.94(16), Wis. Stats., or
any other Village ordinance prohibiting excessive noise, is authorized
to impound any radio, electric sound amplification device or other
sound-producing device used in the commission of the violation if
the person charged with such violation is the owner of the radio,
electric sound amplification device or other sound-producing device
and has two or more prior convictions within a three-year period of
§ 346.94(16), Wis. Stats., or a local ordinance in strict
conformity with § 346.94(16), Wis. Stats., or any other
Village ordinance prohibiting excessive noise. The Village authorizes
the impoundment of a vehicle for not more than five working days to
permit Village authorities or their authorized agent to remove the
radio, electric sound amplification device or other sound-producing
device if the vehicle is owned by the person charged with the violation
and the sound-producing device may not be easily removed from the
vehicle. Upon removal of the sound-producing device, an impounded
vehicle shall be returned to its rightful owner.
(3)Â
The Village may recover the cost of impounding the sound-producing
device and, if a vehicle is impounded, the cost of impounding the
vehicle and removing the sound-producing device. Upon disposition
of the forfeiture action for the violation of § 346.94(16),
Wis. Stats., or a local ordinance in strict conformity with § 346.94(16),
Wis. Stats., or any other local ordinance prohibiting excessive noise
and payment of any forfeiture imposed, the sound-producing device
shall be returned to its rightful owner.
(4)Â
The Village may dispose of any impounded sound-producing device or,
following the procedure for an abandoned vehicle under § 342.40,
Wis. Stats., any impounded vehicle which has remained unclaimed for
a period of 90 days after disposition of the forfeiture action.
(5)Â
This subsection does not apply to a radio, electric sound amplification
device or other sound-producing device on a motorcycle.
B.Â
Vehicle owner's liability for radios or other electric sound amplification
devices.
(1)Â
Liability; exception.
(a)Â
The owner of a vehicle involved in a violation of § 346.94(16),
Wis. Stats., shall be presumed liable for the violation as provided
in this section.
(b)Â
Notwithstanding Subsection B(1)(a), no owner of a vehicle involved in a violation of § 346.94(16), Wis. Stats., may be convicted under this section if the person operating the vehicle or having the vehicle under his or her control at the time of the violation has been convicted for the violation under this section or under § 346.94(16), Wis. Stats.
(2)Â
Any member of the public who observes a violation of § 346.94(16),
Wis. Stats., may prepare a written report indicating that a violation
has occurred. If possible, the report shall contain the following
information:
(3)Â
Delivery of report, citation
(a)Â
Report.
[1]Â
Within 24 hours after observing the violation, a member of the public may deliver a report containing all of the information in Subsection B(2) to a traffic officer of the county or municipality in which the violation occurred. A report which does not contain all of the information in Subsection B(2) shall nevertheless be delivered and shall be maintained by the county or municipality for statistical purposes.
[2]Â
Within 48 hours after receiving a report containing all of the information in Subsection B(2), the traffic officer shall investigate the violation and may prepare a uniform traffic citation under § 345.11, Wis. Stats., and, within 72 hours after receiving such report, any traffic officer employed by the authority issuing the citation may personally serve it upon the owner of the vehicle.
(b)Â
If with reasonable diligence the owner cannot be served under Subsection B(3)(a)[2], service may be made by leaving a copy of the citation at the owner's usual place of abode within this state in the presence of a competent member of the family who is at least 14 years of age and who shall be informed of the contents thereof. Service under this paragraph may be made by any traffic officer employed by the authority issuing the citation and shall be performed within 72 hours after a report containing all of the information in Subsection B(2) was delivered to a traffic officer under Subsection B(3)(a)[1].
(c)Â
If with reasonable diligence the owner cannot be served under Subsection B(3)(a) or (b) or if the owner lives outside of the jurisdiction of the issuing authority, service may be made by certified mail addressed to the owner's last-known address. Service under this paragraph shall be performed by posting the certified mail within 72 hours after a report containing all of the information in Subsection B(2) was delivered to a traffic officer under Subsection B(3)(a)[1]. Except for owners who live outside of the jurisdiction of the issuing authority, service under this paragraph may not be performed unless service under Subsection B(3)(a) and (b) has been attempted.
(4)Â
Defenses to the imposition of liability under this section include:
(a)Â
That a report that the vehicle was stolen was given to a traffic
officer before the violation occurred or within a reasonable time
after the violation occurred.
(b)Â
If the owner of the vehicle provides a traffic officer employed
by the authority issuing the citation with the name and address of
the person operating the vehicle or having the vehicle under his or
her control at the time of the violation and sufficient information
for the officer to determine that probable cause does not exist to
believe that the owner of the vehicle was operating the vehicle or
having the vehicle under his or her control at the time of the violation,
then the owner of the vehicle shall not be liable under this section
or under § 346.94(16), Wis. Stats.
(c)Â
If the vehicle is owned by a lessor of vehicles and at the time
of the violation the vehicle was in the possession of a lessee, and
the lessor provides a traffic officer employed by the authority issuing
the citation with the information required under § 343.46(3),
Wis. Stats., then the lessee and not the lessor shall be liable under
this section or under § 346.94(16), Wis. Stats.
(d)Â
If the vehicle is owned by a dealer, as defined in § 340.01(11)
(intro.), Wis. Stats., but including the persons specified in § 340.01(11)(a)
to (d), Wis. Stats., and at the time of the violation the vehicle
was being operated by or was under the control of any person on a
trial run, and if the dealer provides a traffic officer employed by
the authority issuing the citation with the name, address and operator's
license number of the person operating the vehicle or having the vehicle
under his or her control on a trial run, then that person and not
the dealer shall be liable under this section or under the applicable
provision of § 346.94(16), Wis. Stats.
(e)Â
Notwithstanding § 346.94(16)(b)6, Wis. Stats., this
section does not apply to the operation of a motorcycle.
C.Â
Authority to regulate radios or other electric sound amplification
devices.
(1)Â
Notwithstanding § 346.94(16), Wis. Stats., the Village
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.
(2)Â
Subsection C(1) may not apply to any of the following:
(a)Â
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.
(b)Â
The operator of a vehicle of a public utility, as defined in
§ 11.40(1)(a), Wis. Stats.
(c)Â
The operator of a vehicle that is being used for advertising
purposes.
(d)Â
The operator of a vehicle that is being used in a community
event or celebration, procession or assemblage.
(e)Â
The activation of a theft alarm signal device.
(f)Â
The operator of a motorcycle being operated outside of a business
or residence district.
A.Â
Compression brakes prohibited. Except in emergency situations, no
person shall use "jake brakes" (motor vehicle brakes) within the Village
of Argyle 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.
B.Â
Defense. It shall be an affirmative defense to prosecution under
this section that compression brakes were applied in an emergency
and were necessary for the protection of persons or property.
C.Â
Emergency vehicles. Emergency vehicles shall be exempt from this
section.
Pursuant to the provisions of § 118.105, Wis. Stats.,
the following regulations shall apply to the grounds of the Argyle
School District located within the Village.
A.Â
Parking. All parking on any grounds of the Argyle School District
from 7:00 a.m. to 4:30 p.m. shall be restricted to areas designated
for parking by the School Board. When signs are erected by the School
Board giving notice of such restrictions, all persons shall park only
in areas designated and signed for visitor parking. There shall be
no parking on said ground between 11:00 p.m. and 6:00 a.m., except
when school functions extend past 11:00 p.m.; on such nights there
shall be no parking one hour after the function has concluded.
B.Â
Speed limits. No person shall at any time operate a motor vehicle
upon any Argyle School District grounds at a speed in excess of 15
miles per hour.
C.Â
Vehicles prohibited at specified times. No person shall at any time
operate a motor vehicle, other than a school bus and emergency vehicle
in or upon any drive designated for buses only by sign during the
hours of 7:30 a.m. to 9:00 a.m. and during the hours of 3:00 p.m.
to 4:30 p.m. on any weekday during the months school is in session.