[HISTORY: Adopted by the Village Board of the Village of
Hollandale as Ch. 7 of the 1999 Municipal Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 323.
Except as otherwise specifically provided in this chapter, the statutory provisions in Chs. 340 to 348, Wis. Stats., describing and defining regulations with respect to vehicles and traffic, exclusive of any provisions therein relating to penalties to be imposed and exclusive of any regulations for which the statutory penalty is a fine or term of imprisonment, 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. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this chapter in order to secure uniform statewide regulation of traffic on the highways, streets and alleys of the State of Wisconsin.
A.
Duty of the Director of Public Works to erect and install uniform traffic control devices. Whenever traffic regulations created by this chapter, including a state traffic regulation adopted by reference in § 358-1 of this chapter, require the erection of traffic control devices for enforcement, the Director of Public Works shall procure, erect and maintain uniform traffic control devices conforming to the Uniform Traffic Control Device Manual promulgated by the Wisconsin Department of Transportation, giving notice of such traffic regulation to the users of the streets and highways on which such regulations apply. Whenever state law grants discretion to local authorities in erecting or placement of a uniform traffic control device, devices shall be erected in such locations and in such a manner as, in the judgment of the Director, will carry out the purposes of this chapter and give adequate warning to users of the streets and highways of the Village.
B.
Official Traffic Map.
(1)
Official Traffic Map established. There is hereby established for
the Village of Hollandale an Official Traffic Map, dated July 1, 1999,
on which is indicated as of said date all existing stop signs; arterial
intersections; yield signs; no stopping, standing or parking areas;
prohibited U-turns; handicapped parking areas; loading zones; school
zones and school crossings; and children's play areas. All such
restrictions and limitations set forth on said Official Traffic Map
are hereby adopted by reference.
(2)
Additions to Map. The Village Board may, from time to time, make
additions to or deletions from the Official Traffic Map, and the Director
of Public Works shall keep such Official Traffic Map current. Every
addition to said Official Traffic Map made after July 1, 1999, shall
indicate the number of the authorizing resolution and the date the
appropriate official traffic control device was erected, and every
deletion shall indicate the number of the authorizing resolution.
(3)
Map to be maintained. The Official Traffic Map shall be maintained
and displayed in the office of the Village Clerk-Treasurer. The Director
of Public Works shall make appropriate authorized changes on said
map within three working days after the appropriate official traffic
control device is erected or removed, as the case may be.
(4)
Violations prohibited. When official traffic control devices, giving
notice of the restrictions, prohibitions and limitations shown on
the Official Traffic Map, are erected and maintained in accordance
with the provisions of this section, a violation of the restriction,
prohibition or limitation shown on the Official Traffic Map shall
be a violation of the provisions of this chapter.
C.
Prohibited signs and markers in highways. No person, other than an officer authorized by this chapter to erect and maintain official traffic control devices, or his designee, shall place within the limits of any street or highway maintained by the Village any sign, signal, marker, mark or monument, unless permission is first obtained from the Director of Public Works or the State Highway Commission. Any sign, signal, marker, mark or monument placed or maintained in violation of this subsection shall be subject to removal, as provided in Subsection D below.
D.
Removal of unofficial signs, signals, markers and traffic control
devices. The Director of Public Works may remove any sign, signal,
marker or other device which is placed, maintained or displayed in
violation of this chapter or state law. Any charge imposed against
premises for removal of a prohibited or illegal sign, signal, marker
or device shall be reported by the Director to the Village Board for
review and certification at its next regular meeting following the
imposition of the charge. Any charge not paid on or before the next
succeeding November 15 shall be placed upon the tax roll for collection
as other special municipal taxes.
A.
Designation of location of stop signs and yield signs. In the interest of public safety, the Village Board, by resolution, has designated the location of stop and yield signs within the Village and has ordered the installation of such signs. In addition, the location of such signs is designated on the Official Traffic Map of the Village pursuant to § 358-2 of this chapter.
B.
Operators to obey traffic control devices. Every operator of a vehicle approaching an intersection at which an official traffic control device is erected, in accordance with this section, shall obey the direction of such official traffic control device as required by the Wisconsin statutes incorporated by reference in § 358-1 of this chapter. Operators of vehicles approaching a stop sign shall stop before entering a highway as required by § 346.46, Wis. Stats. Operators approaching intersections at which a yield sign has been installed shall yield the right-of-way to other vehicles, as required by § 346.18(6), Wis. Stats.
The Village Board shall have the authority to impose special
or seasonal weight limits to prevent injury to the roadway of any
highway, bridge or culvert within the jurisdiction of the Village
or for the safety of users thereof and shall be responsible for erecting
signs giving notice thereof in accordance with § 349.16,
Wis. Stats.
The Village Board hereby determines that the statutory speed
limits on the following streets or portions thereof are unreasonable
and imprudent and modifies such speed limits. Speed limits are increased
or decreased on the following designated streets or portions thereof:
|
Name of Street
|
Speed Limit
(mph)
|
Location
|
|---|---|---|
|
Fifth Avenue
|
15
|
From Grover Street to Commerce Street
|
|
School Road
|
15
|
From State Highway 39 to School Drive (school zone) when children
are present
|
|
State Highway 191
|
35
|
From the northwestern Village limits to Main Street
|
|
State Highway 39
|
35
|
From the west Village limits to the east Village limits
|
A.
Stopping, standing and parking regulated. Pursuant to § 349.13,
Wis. Stats., the authority to regulate the stopping, standing and
parking of vehicles is delegated to the Director of Public Works,
subject to control of the Village Board. The Director is hereby authorized
to designate and sign streets, or portions thereof, where the stopping,
standing or parking of vehicles is prohibited at all times or during
certain designated hours.
B.
Parking prohibited at all times. Except temporarily for the purpose
of and while actually engaged in loading or unloading or in receiving
or discharging passengers or property and while the vehicle is attended
by a licensed operator so that it may be moved promptly in case of
an emergency or to avoid obstruction of traffic, no person shall at
any time park or leave standing any vehicle in the following streets:
C.
Winter parking regulated. From November 1 of each year to April 1
the following year, no person shall park any vehicles on Main Street
from Commerce Street to State Street between 2:00 a.m. to 6:00 a.m.
No person shall park any vehicle from 2:00 a.m. to 6:00 a.m. on Main
Street from State Street to Highway 39 on the east side of the street.
Parking is permitted at all times on the west side of the street.
[Amended 10-6-2015]
D.
Parking in driveways prohibited. No person shall park or leave standing
any motor vehicle in any private driveway without the permission of
the owner or lessee of the property upon which such driveway is located,
whether or not such driveway is posted to prohibit parking.
E.
Snow emergencies. Whenever the Village President shall, by reason
of heavy snowstorm or blizzard, proclaim a snow emergency pursuant
to § 323.14, Wis. Stats., no person shall park, stop or
leave standing any vehicle upon the streets or any portions of the
streets during the hours set forth in said proclamation.
F.
Street maintenance. Whenever it is necessary to repair a Village
street or any part thereof, the Director of Public Works shall post
such street or parts thereof with appropriate signs prohibiting 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.
G.
Parking vehicles with motor running. No person shall park or leave
standing any motor vehicle with the motor or refrigerator unit running
for more than 15 minutes within 75 feet of any residence within the
Village between the hours of 10:00 p.m. and 7:00 a.m.
H.
Parking of trailers regulated. Except for the purposes of making
deliveries or pickups from a residence, no person shall park any trailer
in any residential district in the Village.
Any vehicle parked or left standing upon a highway, street or alley or other public grounds in violation of any of the provisions of this chapter is declared to be a hazard to traffic and public safety. Such vehicle shall be removed by the operator, upon request of any peace officer, to a position where parking, stopping or standing is not prohibited. Any peace officer, after issuing a citation 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 not prohibited. The 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 storage garage or rental parking grounds or any facility of the person providing the towing services. In addition to other penalties provided by § 358-13 of this chapter, the owner or operator of a vehicle so removed shall pay the cost of towing and storage.
The use of flashing red warning lights by school bus operators
may be used in a residence or business district within the Village
when pupils or other authorized passengers are to be loaded or unloaded
at a location at which there are no crosswalks or traffic signals,
and such person must cross the street or highway before being loaded
or after being unloaded.
A.
Abandonment of vehicles prohibited. No person shall abandon any vehicle
unattended within the Village for such time and under such circumstances
as to cause the vehicle to reasonably appear to be abandoned.
C.
Presumption of abandonment. Any vehicle left unattended for more
than 48 hours on any public street or grounds, or on private property
where parking is prohibited, limited or restricted, without the permission
of the owner or lessee, is deemed abandoned and constitutes a public
nuisance, provided that the vehicle shall not be deemed abandoned
under this section if left unattended on private property, out of
public view, by permission of the owner or lessee.
D.
Exceptions. This section shall not apply to a vehicle in an enclosed
building or a vehicle in an appropriate storage place or depository
maintained in a lawful place and manner authorized by the Village.
E.
Removal and impoundment or sale. Any vehicle found abandoned in violation of this chapter shall be impounded by the Director of Public Works until lawfully claimed or disposed of as provided in this section. If the Director determines that towing costs and storage charges for 10 days, as provided in Subsection F below, would exceed the value of the vehicle, the vehicle may be junked or sold prior to the expiration of the impoundment period upon determination by the Director that the vehicle is not wanted for evidence or any other reason, provided that vehicles in excess of 19 model years of age shall be sold or disposed of only by auction sale or sealed bid in accordance with Subsection H below.
F.
Minimum impoundment period. The minimum period of impoundment or
storage of a vehicle found in violation of this section shall be 10
days.
G.
Notice to owner. The Director of Public Works shall immediately notify
the Village Clerk-Treasurer of the abandonment and location of the
impounded vehicle, who shall, within 10 days thereafter, notify the
owner and lienholders of record, by certified mail, of the impoundment
and of their right to reclaim the vehicle. The notice shall set forth
the information contained in § 342.40(3), Wis. Stats., and
shall state that the failure of the owner or lienholder to exercise
their right to reclaim the vehicle shall be deemed a waiver of all
right, title and interest in the vehicle and a consent to sale of
the vehicle.
H.
Sale. Each retained vehicle not reclaimed by the owner or lienholder
may be disposed of by sealed bid or auction sale as provided in § 342.40(3),
Wis. Stats.
I.
Sale to bar claims against vehicle. The sale of a motor vehicle under
the provisions of this section shall forever bar all prior claims
thereto and interest therein except as hereinafter provided.
J.
Purchaser to remove vehicle. The purchaser of any vehicle on sealed bid or auction sale under Subsection H above shall have 10 days to remove the vehicle from the storage area upon payment of a storage fee of the actual cost of commercial storage for each day the vehicle has remained in storage after the second business day subsequent to the sale date. Ten days after the sale, the purchaser shall forfeit all interest in the vehicle and the vehicle shall be deemed to be abandoned and may be again sold.
K.
Request for list. Any listing of vehicles to be sold pursuant to
this section shall be made available by the Village Clerk-Treasurer
to any interested person or organization who makes a request therefor.
L.
Notice to Department. Within five days after the sale or disposition
of a vehicle under this section, the Village Clerk-Treasurer shall
advise the Wisconsin Department of Transportation of such sale or
disposition on a form supplied by the Department.
M.
Owner may file claim. At any time within two years after the sale
of a motor vehicle, as provided herein, any person claiming ownership
of such motor vehicle or a financial interest therein may present
a claim to the Village Board setting forth such facts as are necessary
to establish such ownership or interest and that the failure of the
claimant to reclaim the vehicle prior to the sale was not the result
of the neglect or fault of claimant. If the Board is satisfied as
to the justice of such claim, it may allow the same, but in no case
shall the amount allowed exceed the sum paid into the Village treasury
as a result of the sale of such motor vehicle nor the amount of interest
of the claimant therein.
N.
Exemption. Any owner or person operating a registered vehicle which shall become disabled or inoperative for any reason and who shall be unable to cause removal of such vehicle from any alley, street, highway or public place not otherwise regulated as a restricted parking, stopping or standing zone shall, within 12 hours of such occurrence, notify the Director of Public Works of the location of the vehicle and shall transfer and deliver clear title for said vehicle to the Village, together with a fee for the cost of towing and junking charges, and shall be exempt from the provisions of this section. When so requested by the owner or person in charge of a vehicle, the Director shall be authorized to order such vehicle removed and junked directly from the scene of disablement by the contractor engaged by the Village for towing of disabled vehicles. The provisions of Subsection L above shall apply to any vehicle removed under this subsection.
A.
No person shall make unnecessary and annoying noises with a motor
vehicle by squealing tires, excessive acceleration of engine, or by
emitting unnecessary and loud exhaust system noises.
B.
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 within the corporate Village limits of the
Village of Hollandale, except in case of emergency, any engine brake,
compression brake or mechanical exhaust device designed to aid in
the braking or deceleration of any vehicle that results in excessive,
loud, unusual, or explosive noise from such vehicle.
[Added 9-2-2008]
A.
Prohibited. No person shall use any street within the Village as
a site or place to repair any motor vehicle while said motor vehicle
is parked, stopped or left standing, attended or unattended.
B.
Exceptions. This section shall not apply to changing of flat tires
or to emergency or temporary repairs as may be necessary to move such
vehicle when such vehicle becomes disabled while on the street in
such a manner or to such an extent that stopping or temporarily leaving
the vehicle on the street cannot be reasonably avoided.
A.
State snowmobile laws adopted. Except as otherwise specifically provided
in this chapter, the statutory provisions describing and defining
regulations with respect to snowmobiles in the following enumerated
sections of the Wisconsin statutes are hereby adopted by reference
and made part of this section as if fully set forth herein. Acts required
to be performed or prohibited by such statutes are required or prohibited
by this section, as follows:
|
Wis. Stats.
|
Subject
| |
|---|---|---|
|
350.01
|
Definitions
| |
|
350.02
|
Operation of snowmobiles on or in the vicinity of highways
| |
|
350.03
|
Right-of-way
| |
|
350.04
|
Snowmobile races, derbies and routes
| |
|
350.045
|
Public utility exemption
| |
|
350.047
|
Local ordinance to be filed
| |
|
350.05
|
Operation by youthful operators restricted
| |
|
350.055
|
Safety certification program established
| |
|
350.07
|
Driving animals
| |
|
350.08
|
Owner permitting operation
| |
|
350.09
|
Head lamps, tail lamps and brakes, etc.
| |
|
350.10
|
Miscellaneous provisions for snowmobile operation
| |
|
350.12
|
Registration of snowmobiles
| |
|
350.13
|
Uniform trail signs and standards
| |
|
350.15
|
Accidents and accident reports
| |
|
350.17
|
Enforcement
| |
|
350.18
|
Local ordinances
| |
|
350.19
|
Liability of landowners
|
B.
Applicability of rules of the road to snowmobiles. The operator of a snowmobile upon a roadway shall, in addition to the provisions of Ch. 350, Wis. Stats., be subject to §§ 346.04, 346.06, 346.11, 346.14(1), 346.18, 346.19, 346.20, 346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50(1)(b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92(1) and 346.94(1) and (9), Wis. Stats.
C.
Speed limit. No person shall operate a snowmobile upon any public
right-of-way, street or highway within the Village at a speed in excess
of that permitted or posted for other motor vehicles or in any public
park or area at a speed in excess of 10 miles per hour.
D.
Hours of operation. No person shall operate a snowmobile upon any
public highway, street, alley or other public property or in any public
park or upon any private premises open to the public for snowmobiling
within the Village between the hours of 1:30 a.m. and 7:00 a.m., except
in cases of emergency. The limitation on hours of operation shall
not apply to snowmobiles or all-terrain vehicles using those portions
of trails approved by resolutions adopted by the Village Board.
E.
Snowmobile routes and regulations.
(1)
Snowmobile route established. The snowmobile route shall be established
annually by the Village Board in cooperation with area snowmobile
clubs.
(2)
Use of Village streets prohibited.
(a)
Except as provided in Subsection E(2)(b) below, snowmobilers shall be permitted to use Village streets only as a direct access to and from the snowmobiler's residence and the Village snowmobile trail.
(b)
Snowmobiles shall not be permitted on State Highways 39 and
191, except to cross in a direct manner to gain access to the Village
snowmobile trail.
(c)
The speed limit for snowmobiles operated within the Village
shall be 15 miles per hour.
(3)
Use of Village park prohibited. No snowmobiles are permitted in Valley
View Park.
F.
Unattended vehicles. No person shall leave or allow a snowmobile
owned or operated by him to remain unattended on any public highway
or public property while the motor is running or with the starting
key left in the ignition.
G.
Operation on sidewalks prohibited. No person shall operate a snowmobile
or all-terrain vehicle upon any sidewalk, upon any boulevard or upon
the area between the sidewalk and the curbline of any street in the
Village.
H.
Operation on private premises restricted. No person shall operate
a snowmobile or all-terrain vehicle on any private property not owned
or controlled by him within the Village without the express consent
or permission of the owner.
I.
Permitting operation by improper persons prohibited. No owner or
person having charge or control of a snowmobile shall authorize or
permit any person to operate such snowmobile who is not permitted
under state law to operate such snowmobile or who is under the influence
of an intoxicant or a dangerous or narcotic drug.
J.
Operation while under influence prohibited. Section 346.63, Wis.
Stats., shall apply to the operation of a snowmobile any place within
the Village.
K.
State all-terrain vehicle laws adopted. Except as otherwise specifically
provided in this chapter, the statutory provisions describing and
defining regulations with respect to all-terrain vehicles in the following
enumerated sections of the Wisconsin statutes are hereby adopted by
reference and made a part of this section as if fully set forth herein.
Acts required to be performed or prohibited by such statutes are required
or prohibited by this section:
|
Wis. Stats.
|
Subject
| |
|---|---|---|
|
23.33(1)
|
Definitions
| |
|
23.33(2)
|
Registration
| |
|
23.33(3)
|
Rules of operation
| |
|
23.33(3g)
|
Use of headgear
| |
|
23.33(4)
|
Operation on or near highways
| |
|
23.33(4c)
|
Intoxicated operation of all-terrain vehicle
| |
|
23.33(4g)
|
Preliminary breath screening test
| |
|
23.33(4j)
|
Applicability of the Intoxicated Operation of an All-Terrain
Vehicle Law
| |
|
23.33(4l)
|
Implied consent
| |
|
23.33(4p)
|
Chemical tests
| |
|
23.33(4t)
|
Report arrest to Department of Natural Resources
| |
|
23.33(4x)
|
Officers actions after arrest for operating an all-terrain vehicle
while under influence of intoxicant
| |
|
23.33(5)
|
Age restrictions; safety certification program
| |
|
23.33(6)
|
Equipment requirements
| |
|
23.33(7)
|
Accidents
| |
|
23.33(11)
|
Local ordinances
| |
|
23.33(12)
|
Enforcement
|
L.
Penalty. Any person who shall violate any of the provisions of this section shall be subject to a forfeiture as provided in § 1-3 of the Code of the Village of Hollandale.
M.
Village Clerk-Treasurer to file section. Pursuant to § 350.047,
Wis. Stats., the Village Clerk-Treasurer is hereby authorized and
directed to send a copy of this section to the Department of Natural
Resources and the Iowa County Sheriff's Department.
The penalty for violation of any provision of this chapter shall
be a forfeiture as hereafter provided, together with statutory court
costs and penalty assessment, if applicable.
A.
State forfeiture statutes. Forfeitures for violation of §§ 340.01
to 348.28, Wis. Stats., shall conform to the forfeiture permitted
to be imposed for violation of the statutes adopted by reference,
including any variations or increases for subsequent offenses.
B.
State fine statutes. The forfeiture for violation of any statute
adopted by reference hereunder for which the penalty is a fine shall
not exceed the maximum fine permitted under such statute.
D.
Penalty for parking violations. Notwithstanding any other penalty provided in this chapter, the forfeiture for parking violations other than those violations contained in the state statutes, as adopted by reference in § 358-1 of this chapter, shall be as hereinafter provided, in addition to any costs associated with the prosecution thereof which are required or authorized by state statute or administrative regulation, as follows:[1]
A.
Enforcement procedure. This chapter shall be enforced in accordance
with the provisions of §§ 345.20 to 345.53, Ch. 229
and § 66.0114, Wis. Stats.
B.
Duty to enforce. Authorized peace officers shall enforce all the
provisions of this chapter. The Director of Public Works are authorized
to issue citations for nonmoving violations.
C.
Uniform citation. The uniform citation promulgated under § 345.11,
Wis. Stats., shall be used for all moving and nonmoving traffic violations,
except parking violations.
D.
Notice of demerit points and receipts. 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 provisions
of this chapter shall comply with the provisions of §§ 343.28,
345.26(1)(a) and 345.27(2), Wis. Stats.
E.
Parking citations. Citations for all parking violations under this
chapter shall conform to § 345.28, Wis. Stats., and shall
permit direct mail payment of the applicable forfeiture to the Village
Clerk-Treasurer within 10 days of the issuance of the citation in
lieu of a court appearance. The citation shall specify thereon the
amount of the applicable forfeiture as provided in this chapter.
F.
Registration record of vehicle as evidence. When any vehicle is found
upon a street, highway or other public right-of-way in violation of
any provision of this chapter regulating the stopping, standing or
parking of vehicles and the identity of the operator cannot be determined,
the owner, as shown by the ownership registration of the vehicle supplied
by the Wisconsin Department of Transportation, or a comparable authority
of any other state, shall be deemed to have committed the violation
for purposes of the enforcement of this section and shall be subject
to the applicable forfeiture penalty; provided, however, that the
defenses defined and described in § 346.485(5), Wis. Stats.,
shall be a defense for an owner charged with such violation.
G.
Deposit schedule. Every peace officer issuing a citation for any
violation of this chapter shall indicate on the citation the amount
of the deposit that the alleged violator may make in lieu of court
appearance. The amount of the deposit shall be determined in accordance
with the Village Bond Schedule, which is hereby adopted by reference.
H.
Disposition of deposits; officers to post bond, qualify. Any peace
officer accepting deposits or forfeited penalties under this chapter
shall deliver them to the Iowa County Clerk of Courts within 20 days
after receipt, except for parking forfeitures, which shall be turned
over to the Village Clerk-Treasurer. Any officer authorized to accept
deposits under § 345.26, Wis. Stats., or this chapter shall
qualify by taking the oath and filing an official bond in the sum
of $100 as provided by § 19.01, Wis. Stats.
