Village of Blue Mounds, WI
Dane County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Blue Mounds as Ch. 9 of the 2001 Village Code. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 321.
Abandoned and junked vehicles — See Ch. 345.
A. 
State traffic forfeiture laws adopted. Except as otherwise specifically provided in this chapter, all provisions of Chapters 110, 167, 194, 287 and 340 to 350 of the Wisconsin Statutes and Ch. Trans 305, Wisconsin Administrative Code 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 5-14-2008 by Ord. No. A-189]
B. 
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 350 of the Wisconsin Statutes and the penalty for violation thereof shall be limited to a forfeiture as provided in § 350-4 of this chapter.
§ 941.01(1)
(Negligent operation of vehicle off highway)
§ 346.935
(Intoxicants in motor vehicles)
C. 
Speed limits. Speed limits within the Village shall be determined in accordance with Wis. Stats. §§ 346.57 through 346.59 and 349.11, which are incorporated by reference as if set forth fully herein and as may be amended.
[Amended 7-9-1997 by Ord. No. A-147]
(1) 
As provided in Wis. Stats. § 346.57(4)(e), the fixed speed limit on any highway within the corporate limits of the Village shall be 25 miles per hour other than on county and state highways in the Village.
(2) 
As authorized by Wis. Stats. § 349.11(1)(a), and following consideration of a traffic investigation and study completed by the Police Department in June 1997, the fixed speed limit on Mounds Road shall be 25 miles per hour.
D. 
All-terrain vehicles.
[Amended 7-9-1997 by Ord. No. A-148]
(1) 
As authorized by Wis. Stats. § 23.33(11), Wis. Stats. § 23.33, All-terrain vehicles, is hereby adopted by reference as if set forth fully herein and as may be amended. This section of the Village Code shall be enforced in strict conformity with Wis. Stats. § 23.33 and departmental rules promulgated by the Department of Natural Resources, which are hereby adopted by reference as if set forth fully herein and as may be amended.
(2) 
Enforcement for violations of this section shall proceed in municipal court in accordance with Wis. Stats. § 23.50(3), which is hereby adopted by reference as if set forth fully herein and as may be amended.
(3) 
To the extent permitted by law, penalties for violations of this section shall be as set forth in Wis. Stats. § 23.33(13), which is hereby adopted by reference as if set forth fully herein and as may be amended.
A. 
Not to be driven or parked on private property without permission. Except where specific permission may be granted by the police department, no licensed or unlicensed moped, power-driven cycle, motor-bicycle or motorcycle shall be driven at any time or used, other than for the purpose of parking, on any property other than streets, designated roadways or alleys within the Village, without the express written permission of the property owner.
B. 
Penalty. The penalties set forth in § 1-3 of the Village Code shall apply for any violations of this section.
In the interest of public safety and pursuant to Wis. Stats. § 349.07, the following streets or portions thereof are declared to be through highways, and traffic signs or signals giving notice thereof shall be erected by the Village in accordance with this section of the Village Code:
A. 
Main Street from the north line of Highway 18 and 151 north for a distance of two blocks.
B. 
All of Division Street westerly to Main Street.
C. 
All vehicles proceeding in a westerly and easterly direction on Division Street and all streets north of Division Street intersecting Main Street shall stop behind the crosswalk at the intersection of that street with Main Street, which is hereby declared to be a through street at such intersections.
A. 
The Village Board, by Director of Public Works, authorized to procure and erect signs and signals. The Village Board, by its Director of Public Works, is hereby authorized and directed to procure, erect and maintain appropriate standard traffic signs, signals and markings conforming to the rules of the Highway Division of the Wisconsin Department of Transportation giving such notice of the provisions of this chapter as required by state law. Signs shall be erected in such locations and manner as the Village Board shall determine will best effect the purposes of this chapter and give adequate warning to users of the street or highway.
B. 
Removal of unofficial signs and signals. The Village Board shall have the authority granted by Wis. Stats. § 349.09, and is hereby directed to order the removal of a sign, signal, marking or device placed, maintained or displayed in violation of this chapter or Wis. Stats. § 346.41. Any charge imposed on a premises for removal of such an illegal sign, signal or device shall be reported to the Village Board at its next regular meeting for review and certification.
No truck or combination of truck and trailer or vehicle weighing over 10 tons shall travel on any of the Village streets during the period from February 15 through April 15 of any year.
A. 
Trucks.
(1) 
No truck or vehicle weighing over three tons shall park on any Village street overnight.
(2) 
No truck or combination of truck and trailer or vehicle weighing over 10 tons shall park on any Village street for over three hours at any one time day or night.
B. 
Intersections. No motor vehicle shall park within 40 feet of any intersection where the parking of the same will obstruct a view not otherwise obstructed.
C. 
Serviced vehicles.
(1) 
Not more than eight motor vehicles may be parked on a Village street or right-of-way at any time for more than 48 hour(s) by a commercial establishment or its customers when the same are to be or have been serviced in any manner by such an establishment.
(2) 
No motor vehicle or vehicles or parts thereof held for sale and/or repair may remain on any premises within the Village for more than one day when the property is not zoned for such commercial purposes.
D. 
Temporary parking. The Officer in Charge or delegated agent, with the approval of the Village Board, is empowered to make temporary parking regulations to provide for abnormal conditions or to test the feasibility of such regulations. No such temporary parking regulation shall remain in effect for more than 90 days. A list of such regulations shall be placed on file in the police station and shall be open for public inspection. The Officer in Charge or delegated agent shall properly mark the affected area.
[Amended 3-14-2007 by Ord. No. A-187.1]
E. 
Snow removal season.
(1) 
No person shall park any vehicle on the streets of the Village during the months commencing November 15 to and including April 15 of each year, except as follows:
(a) 
On even-numbered days of the month between the hours of 12:01 a.m. and 10:00 a.m., vehicles may be properly parked during such time and hours on the even-house-numbered sides of the street;
(b) 
On odd-numbered days of the month between the hours of 12:01 a.m. and 10:00 a.m., vehicles may be properly parked during such time and hours on the odd-house-numbered sides of the street.
(2) 
Except as set forth in Subsection E(1) above, no person shall park or leave standing any vehicle on any street in the residence district in the Village after a snowfall of at least 1 1/2 inches in depth, until after the snow from such street has been removed, or plowed to the curbline or place suitable to the Village Board. In case any vehicles are parked or left standing on the street or public parking lot area in violation of this section, they may be removed by or under the direction of the police or street department after one of such departments or representative has attempted to notify the owner to remove such vehicle and it has not been removed. In case such car is removed by, or at the direction of the Village, the expense of such removal shall be charged against the owner of the vehicle. The removal of the car by or under the direction of the Village shall not prevent prosecution under this section.
(3) 
Penalty. The penalty for violation of this subsection shall be a forfeiture of $10; provided a $5 reduction shall be granted if payment is make within 10 days after issuance of said citation.
F. 
Parking during and after snowstorms.
(1) 
Signed areas. No person shall park, stop, or leave standing any vehicle on any street or public parking lot in any area which has been designated and marked with signs or barriers by the police department or street department of the Village indicating no parking due to snow removal. The Village Board declares that an emergency exists during and following a snowstorm, until the snow from the storm has been removed from the streets or public parking lot areas; therefore, the regulations of this section shall be controlling over any other ordinance which might be in any way conflicting.
(2) 
Declaration of snow emergency and parking regulations.
[Added 12-9-2015 by Ord. No. A-231]
(a) 
Whenever snow falls during any 24-hour period to a depth of four inches or more or a situation exists resulting in freezing rain resulting in ice accumulations throughout the Village of 1/8 inch or more, then such storm constitutes a serious public hazard impairing public transportation, public safety, and safe operations within the Village of Blue Mounds, and a snow emergency declaration can be issued at any time by either the Police Chief, Superintendent of Streets or a designated representative. A snow emergency will be considered to exist under this subsection when a snowfall as described above is forecasted by the National Weather Service, whether or not the Superintendent of Streets or Chief of Police has declared a snow emergency.
(b) 
A snow emergency will remain in effect until such time as snowplowing or salting operations have been declared completed by the Superintendent of Streets or his/her designated representative.
(c) 
Whenever such emergency is declared, the Police Department or their designee shall issue an announcement to not less than two radio or television broadcast stations whose normal operating area includes the Village of Blue Mounds.
(3) 
Parking Restrictions.
[Added 12-9-2015 by Ord. No. A-231]
(a) 
If signs have been erected at or reasonably near the Village limits, as provided in § 349.13, Wis. Stats., no owner or operator of any motor vehicle shall park upon any public street or alley during a snow emergency during the hours of 12:00 midnight to 6:00 a.m. or until the snow removal operations have completely cleared the streets or alleys.
(b) 
It is the declared intent of the Superintendent of Streets to clear the snow from the public parking lots following the completion of snow removal operations on the adjacent streets or alleys. The Superintendent of Streets is authorized, pursuant to Subsection F(3) above, to order the temporary posting of 1/2 of each parking lot for the clearing of snow from that half of the parking lot, to be followed by the posting and clearing of the remaining half of the parking lot.
(c) 
No person shall park, stop or leave standing any vehicle upon the streets or any portion of the streets during a snow emergency during the hours of 12:00 midnight to 6:00 a.m. from November 15 through April 15, inclusive.
(d) 
Any vehicle which is illegally parked on any street or alley may be moved by or under the direction of the police, and the cost of moving and storage of such vehicle shall be added as a cost to the citation issued for the illegal parking of such vehicles.
G. 
No-parking areas.
[Amended 5-12-1993 by Ord. No. A-101]
(1) 
No person shall park any vehicle at any time on the north side of Cave of the Mounds Road, which runs from the Military Ridge Bike Trail Bridge crossing to the eastern Village limits.
(2) 
No person shall park any vehicle at any time on either side of Mounds Road, from Ridge Street to the Military Ridge Bike Trail.
[Amended 8-17-1994 by Ord. No. A-112]
(3) 
No person shall park any vehicle, other than a compact vehicle, at any time on the east side of Main Street in the first two parking stalls north of Division Street.
[Amended 1-14-2003 by Ord. No. A-171]
(4) 
No person shall park any vehicle at any time on either side of Main Street, from Brigham Avenue to Bliss Street.
[Added 4-16-2009 by Ord. No. A-200]
H. 
Restricted parking of certain vehicles. No person shall park a motorized vehicle having a licensed gross weight of 9,000 pounds or more, or over 18 feet in length, or a semitractor, tractor, semitrailer, school bus, or mobile home on any street in the Village, except for loading and unloading more than 30 minutes. Boats, boat trailers, animal trailers, snowmobiles, snowmobile trailers and other unmotorized trailers, or off-road motor vehicles, shall not be parked upon any street, avenue, or public right-of-way between the hours of 12:00 midnight until 5:00 a.m.
[Added 6-12-2018 by Ord. No. A-237]
I. 
Removal of illegally parked vehicles.
[Added 6-12-2018 by Ord. No. A-237]
(1) 
Hazard to public safety. Any vehicle parked, stopped or standing upon a highway or public parking lot or ramp in violation of any of the provisions of this chapter is declared to be a hazard to traffic and public safety.
(2) 
Removal by operator. Such vehicle shall be removed by the operator in charge, upon request of any law enforcement officer, to a position where parking is permitted or to a private or public parking or storage premises.
(3) 
Removal by police officer. Any law enforcement officer, after issuing a notice of parking violation for illegal parking, stopping or standing of an unattended vehicle in violation of this chapter, is authorized to remove such vehicle to a position where parking is permitted after 24 hours or towed if necessary.
(4) 
Removal by private service. Any law enforcement officer may order a motor carrier holding a permit to perform vehicle towing services, a licensed motor vehicle salvage dealer or a licensed motor vehicle dealer who performs vehicle towing services to remove and store such vehicle in any public storage garage or rental parking grounds or any facility of the person providing the towing services.
(5) 
Towing and storage charges. In addition to other penalties provided in this chapter, the owner or operator of a vehicle so removed shall pay the actual cost of moving, towing and storage. If the vehicle is towed or stored by a private motor carrier, motor vehicle salvage dealer or licensed motor vehicle dealer, actual charges regularly paid for such services shall be paid. If the vehicle is stored in a public storage garage or rental facility, customary charges for such storage shall be paid. Upon payment, a receipt shall be issued to the owner of the vehicle for the towing or storage charge.
J. 
Unregistered motor vehicles. Pursuant to the authority granted under § 341.65(2)(a), Wis. Stats., no person, firm or corporation shall park or leave standing any motor vehicle on any public highway that is not displaying valid registration plates, a temporary operation plate or other evidence of valid registration as provided under § 341.18(1), Wis. Stats., for the vehicle's current registration period or for a registration period for the vehicle that expired within the immediately preceding 31 days.
[Added 6-12-2018 by Ord. No. A-237]
K. 
Parking restrictions during special events and temporary street maintenance.
[Added 6-12-2018 by Ord. No. A-237]
(1) 
Street maintenance. Whenever it is necessary to clear or repair a Village roadway or any part thereof, the Public Works Department and/or Police Department shall post such highways or parts thereof with signs bearing the words "No Parking." Such signs shall be erected at least two hours prior to the time that street maintenance work is to be commenced. No person shall park a motor vehicle in violation of such signs.
(2) 
Temporary parking restrictions for special events. Pursuant to the provisions of § 349.13, Wis. Stats., the Chief of Police is authorized to direct that temporary limited parking signs be erected during parades, festivals and other authorized events that require the regulating of vehicle stopping, standing or parking on Village roadways. The temporary regulation shall be limited to the time the event exists or is likely to exist.
L. 
Four-hour parking limit. Four-hour parking is designated for parking along the following streets 24 hours per day, seven days a week:
[Added 6-12-2018 by Ord. No. A-237]
Emerson Drive
Village Circle
M. 
Exceptions. The foregoing regulations notwithstanding, permission may be granted for occasional out-of-town guests at private homes to park their vehicles on such streets by calling the Police Department and identifying their vehicle, the location where it will be parked and the date when it will be parked. Such permission shall not be granted for more than four consecutive days.
[Added 6-12-2018 by Ord. No. A-237]
The penalty for violation of any provision of this chapter shall be a forfeiture as hereinafter provided together with the cost of prosecution imposed as provided in Wis. Stats. §§ 345.20 to 345.53.
A. 
Uniform offenses. Except as provided in Subsection D, forfeitures for violation of any provisions of Chapters 341 to 350 of the Wisconsin Statutes adopted by reference in § 350-1A shall conform to forfeitures for violation of the comparable state offense, including any variations or increases for second or subsequent offenses.
B. 
Special local regulations. The forfeiture for violation of §§ 350-3, 350-4 and 350-5 of this chapter shall be not less than $5 nor more than $100 for the first offense and not less than $10 nor more than $200 for the second offense within two years.
C. 
Miscellaneous. The forfeiture for violation of any provision of § 350-1B of this chapter shall be not less than $50 nor more than $500.
D. 
Parking. The forfeiture for offenses described in Wis. Stats. §§ 346.50 to 346.55, adopted by reference in § 350-1 of this chapter shall be:
Wis. Stats.
Type of Offense
Forfeiture
§ 346.51(1)
Improper parking on/off roadway
$5 to $200
§ 346.52(1)
Stopping/standing in prohibited areas
$5 to $40
2nd conviction within one year: $10 to $100
§ 346.52(2)
Stopping/standing on highway by grade school
$5 to $40
2nd conviction within one year: $10 to $100
§ 346.53
Parking/standing where prohibited
$5 to $40
2nd conviction within one year: $10 to $100
§ 346.54
Improper parking/standing of vehicle
$5 to $40
2nd conviction within one year: $10 to $100
§ 346.55(1)
Parking on left side of highway
$10 to $200
§ 346.55(3), (4)
Parking on posted private property
$10 to $40
2nd conviction within one year: $20 to $100
This chapter shall be enforced in accordance with the provisions of Wis. Stats. §§ 66.0114, 345.20 to 345.53, Ch. 299.
A. 
Uniform citation. The uniform traffic citation promulgated under Wis. Stats. § 345.11, shall be used for all moving traffic violations under this chapter.
B. 
Parking citations. Citations for all nonmoving traffic violations under this chapter shall conform to Wis. Stats. § 345.28, and shall permit direct mail payment of the applicable minimum forfeiture to the Village Clerk/Treasurer within five days of the issuance of the citation in lieu of court appearance. The issuing officer shall specify thereon the amount of the applicable forfeiture as provided in this chapter.
C. 
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 Wis. Stats. § 345.26(3)(b). Every officer accepting a stipulation under the provisions of this chapter shall comply with the provisions of Wis. Stats. §§ 343.28, 345.26 and 345.27(2), and shall require the alleged violator to sign a statement of notice in substantially the form contained in the uniform traffic citation and complaint promulgated under Wis. Stats. § 345.26(3)(b).
D. 
Forfeitures in treasury; officer to qualify. Any officer accepting deposits or forfeited penalties under this chapter shall deliver them to the Village Clerk/Treasurer within 20 days after receipt. Any officer authorized to accept deposits under Wis. Stats. § 345.26, or this chapter shall qualify by taking the oath prescribed by Wis. Stats. § 19.01.
References to specific statutory sections wherever used in this chapter shall mean the Wisconsin Statutes, as from time to time amended by the Wisconsin State Legislature.
[Added 7-8-2009 by Ord. No. A-204]
A. 
Definitions and requirements.
(1) 
Terms defined. As used in this section, the following terms shall have the meanings indicated:
NEIGHBORHOOD ELECTRIC VEHICLES (NEV)
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. NEV does not include a golf cart. Per Wis. Stats. § 340.01(27h).
(2) 
NEVs 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.
B. 
Permitted users and use of neighborhood electric vehicles on Village streets.
(1) 
A person may operate a NEV on any Village street that has a speed limit of 35 miles per hour or less, subject to the following restrictions:
(a) 
The person operating the NEV must hold a valid Wisconsin Driver's license or a valid operator's license from another state.
(b) 
The NEV shall be licensed by the Wisconsin Department of Transportation.
(c) 
Maintain insurance as required by state law.
(d) 
NEVs are not permitted on Village sidewalks or in Village parks.
C. 
Operation of neighborhood electric vehicles. NEVs shall comply with all state and local traffic laws, including but not limited to Chapter 350 of the Village Code, and owners and operators of NEVs shall be subject to citations and forfeitures for any such violation.
D. 
Enforcement. Any person who violates any provision of this section shall be subject to forfeiture as provided in § 350-8 of the Traffic Code.
[Added 8-14-2019 by Ord. No. A-240]
A. 
Adoption of statutory provisions: The provisions of Wis. Stats. § 23.33, and subsequent amendments thereto, are hereby incorporated herein by reference as part of this chapter, except for those provisions therein which conflict with this section.
B. 
Saving clause: This section shall in no way be deemed to supplant or otherwise invalidate any provision of the state statutes relating to the subject matter hereof. Any person entrusted with the enforcement of this section may, in the exercise of his or her discretion, proceed under applicable state statutes.
C. 
Severability. Should any provision of this section, or its application to any person or circumstance, be held invalid, the remainder of the section and the application of such provisions to other person's circumstances shall not be affected thereby.
D. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALL-TERRAIN VEHICLE (ATV)
Has the meaning specified in Wis. Stats. § 340.01(2g).
ATV/UTV ROUTE
Village streets designated for use by ATV and UTV operators that are marked by signage.
UTILITY TERRAIN VEHICLE (UTV)
Has the meaning specified within Wis. Stats. § 23.33(1)(ng).
E. 
Designated routes. Except as otherwise specifically provided in Wis. Stats. § 23.33, no person shall operate any ATV or UTV upon any public right-of-way or on any other public property in the Village of Blue Mounds except as hereinafter designated.
(1) 
ATVs and UTVs are allowed on Mounds Park Road within the Village of Blue Mounds.
(2) 
ATVs and UTVs are allowed on Division Street from Mounds Park Road to the intersection of Mounds View Road.
(3) 
ATVs and UTVs are allowed on Mounds View Road.
(4) 
ATVs and UTVs are allowed to park in the allotted parking areas on allowed streets within the Village, unless otherwise posted.
(5) 
ATV and UTV routes shall be open from 7:00 a.m. to 9:00 p.m. daily.
(6) 
The Village may close ATV/UTV routes at any time through the removal of the route signage and by providing notice to the public.
F. 
Route signs: The Village Public Works Department shall emplace signage of the ATV/UTV routes, provided by a local ATV/UTV club(s) at their cost, in accordance with § NR 64.12 of the Wisconsin Administrative Code.
G. 
Restrictions on operation: In addition to the provision of Wis. Stats. § 23.33 and § NR 64.07 of the Wisconsin Administrative Code, the following restrictions are placed on the use of the Village ATV/UTV routes permitted under this section:
(1) 
The operators of ATVs/UTVs on all designated ATV/UTV routes shall observe the posted roadway speed limits and all other applicable traffic regulations.
(2) 
ATV/UTV operators shall ride in single file.
(3) 
ATV/UTV headlamps and tail lamps must be turned on at all times and ATVs/UTVs shall have functional brake lights.
(4) 
UTV operators and passengers must wear seat belts at all times.
(5) 
All ATV/UTV operators and passengers under the age of 18 are required to wear a minimum DOT standard ATV or motorcycle helmet.
(6) 
ATV/UTV operators shall possess a valid operator's license as defined in Wis. Stats. § 340.01(41g), as may be amended from time to time, including a safety certificate if required by state law.
(7) 
No person may possess on his or her person, in any UTV/ATV upon a public highway or residential street in the Village of Blue Mounds or while sitting idle in any location on Village property, any bottle or receptable containing alcohol beverages or nitrous oxide if the bottle or receptable has been opened, the seal has been broken or the contents of the bottle or receptacle have been partially removed or released.
(8) 
All Wisconsin Statutes related to the operation of an ATV/UTV while under the influence of alcohol or a restricted controlled substance will be strictly enforced, including absolute sobriety by ATV/UTV operators under the age of 21.
H. 
Closures, suspension, or termination of route. The Village President, Police Chief or their designee shall have the authority to:
(1) 
Suspend ATV/UTV operation on any roadway due to hazard, construction, repairs, special events, complaints, an emergency, or other necessary condition as determined by the Village.
(2) 
Request the Village Public Safety and Administrative Committee to review any all-terrain route enacted designated herein for the purpose of suspending or terminating the route.
I. 
Enforcement and penalties. Violations of this section shall incur the maximum penalties set forth in Wis. Stats. § 23.33(13), as may be amended from time to time.