A.
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 Baldwin. No person
shall make unnecessary and annoying noise with a motor vehicle by
squealing tires, excessive acceleration of engine or by emitting unnecessary
and loud muffler noises.
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 Village.
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, 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.
Disorderly conduct with a motor vehicle.
(1)
Conduct prohibited. No person shall, within the Village of Baldwin,
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 section 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 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 pedestrian
way or pedestrian overpass within the Village of Baldwin except municipal
or county maintenance vehicles.
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.
A.
Driving over curbing prohibited. It shall be unlawful for any motor
vehicle to be driven or backed over any curbing in the Village of
Baldwin.
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.
A.
Sound-producing devices; impoundment; seizure and forfeiture.
(1)
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)
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 the 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.
(a)
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.
(b)
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.
(c)
This subsection does not apply to a radio, electric sound amplification
device or other sound-producing device on a motorcycle.
(3)
Notwithstanding Subsection A(2) above, the Village authorizes a law enforcement officer, at the time of issuing a citation for a 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, to seize 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 three 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 local ordinance prohibiting excessive noise.
(a)
The Village may impound a vehicle violating this Subsection A(3) for not more than five working days to permit the Village or its 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 upon payment of the reasonable costs of impounding the vehicle and removing the sound-producing device.
(b)
Any seized sound-producing device under this Subsection A(3) shall be treated in substantially the manner provided in §§ 973.075(3), 973.076 and 973.077, Wis. Stats., for property realized through the commission of any crime, except that the sound-producing device shall remain in the custody of the applicable law enforcement agency; a district attorney or Village Attorney, whichever is applicable, shall institute the forfeiture proceedings; and, if the sound-producing device is sold by the law enforcement agency, all proceeds of the sale shall be retained by the Village.
(c)
The Village may, following the procedure for an abandoned vehicle
under § 342.40, Wis. Stats., dispose of any impounded vehicle
which has remained unclaimed for a period of 90 days after disposition
of the forfeiture action.
(d)
This subsection does not apply to a radio, electric sound amplification
device or other sound-producing device on a motorcycle.
C.
Authority to regulate radios or other electric sound amplification
devices.
(1)
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)
Subsection C(1) may not apply to any of the following:
(a)
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)
The operator of a vehicle of a public utility, as defined in
§ 11.40(1)(a), Wis. Stats.
(c)
The operator of a vehicle that is being used for advertising
purposes.
(d)
The operator of a vehicle that is being used in a community
event or celebration, procession or assemblage.
(e)
The activation of a theft alarm signal device.
(f)
The operator of a motorcycle being operated outside of a business
or residence district.
No person shall use compression brakes or operate a motor vehicle
using brakes which are in any way activated or operated by the compression
of the engine of any such motor vehicle or any unit or part thereof
(often referred to as "jake brakes"), unless such brakes are necessarily
used in an emergency situation. The prohibition contained in this
section shall not apply to fire, police, EMS and/or other emergency
vehicles.
