City of Brodhead, WI Miscellaneous Provisions

The making of intentional and unnecessary noises with the engine of the motor vehicle, which engine noise is not required for the purpose of normal operation of the motor vehicle.

The unnecessary and intentional blowing of the horn or the playing of the radio at a sufficiently loud volume to create a disturbance outside the motor vehicle.

The operation of any motor vehicle upon private property in such a manner that if operated on public property would be unlawful.

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 City.

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 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.

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.

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:

Public park property;

Cemetery properties;

School district property;

Medical facilities;

Funeral homes;

Service stations;

Grocery stores;

Restaurants;

Financial institutions; and

(10)

Other similar-type businesses with service driveways or drive-up or drive-through facilities.

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.

Engine braking prohibited. It shall be unlawful for any person to operate a motor vehicle so as to cause unreasonable and excessive noise levels within the corporate limits of the City by use of an engine-braking system also referred to as a "jake brake." Excessive noise cause by emergency situation maneuvers will not be ticketed when the operator is attempting to avoid a collision with a pedestrian, animal, fixed object or other motor vehicle. "Emergency situations" are defined as circumstances which could not reasonably be foreseen by an alert motor vehicle operator.

[Added 9-11-2006]

§ 432-28 Pedestrian regulations.

Pedestrian obedience to traffic control devices and regulations.

Obedience to traffic control devices. No person shall fail to obey the instructions of any uniform traffic control device when traveling as a pedestrian on any highway within the City of Brodhead, unless otherwise directed by a law enforcement officer.

Crossing at crosswalks. No pedestrian shall cross at a crosswalk, except on the right half thereof whenever practicable. Where sidewalks are provided, no pedestrian shall walk along and upon an adjacent roadway, except when the sidewalk is visibly unsafe, obstructed or closed to public travel.

Prohibited pedestrian crossings. No pedestrian shall cross between adjacent intersections, unless such crossing is permitted by official traffic control devices.

§ 432-29 Motor vehicles on pedestrianways.

No person shall operate or park any motor vehicle on any pedestrianway or sidewalk within the City of Brodhead, except maintenance vehicles.

§ 432-30 School crossing guards.

Pursuant to § 349.215, Wis. Stats., those adult persons appointed by the 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.

§ 432-31 Driving over curbing or safety islands prohibited.

Driving over curbing prohibited. It shall be unlawful for any motor vehicle to be driven or backed over any curbing in the City of Brodhead.

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.

§ 432-32 Railroad trains not to block streets. [1]

It shall be unlawful for the directing officer or the operator of any railway train to direct the operation of or to operate the same in such a manner as to prevent the use of any street for purposes of travel for a period of time longer than 10 minutes, except that this provision shall not apply to trains or cars in motion other than those engaged in switching.

[1]

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

§ 432-33 Foreign substances on roadway.

No person, firm or corporation shall at any time place or allow to be placed upon the traveled portion of any street in the City of Brodhead, Wisconsin, any snow, ice, debris, refuse or any objects or substances.

No vehicle shall be operated or moved on any street unless such vehicle is so constructed and leveled as to prevent its contents from dripping, sifting, leaking or otherwise escaping therefrom.

No vehicle shall be operated on any street in the City of Brodhead which has mud or other substances which may become dislodged from its wheels, tracks or otherwise so that the same becomes distributed upon the streets.

§ 432-34 Sound-producing devices.

Sound-producing devices; impoundment; seizure and forfeiture.

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.

A law enforcement officer, at the time of issuing a citation for a violation of § 346.94(16), Wis. Stats., or a City ordinance in strict conformity with § 346.94(16), Wis. Stats., or any other City 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 City ordinance prohibiting excessive noise. The City authorizes the impoundment of a vehicle for not more than five working days to permit the City 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.

The City 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)

The City 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)

This subsection does not apply to a radio, electric sound-amplification device or other sound-producing device on a motorcycle.

(6)

Notwithstanding Subsection A(1) through (5) above, the City 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.[1]

[1]

Editor's Note: Original § 10-1-47(a)(7) of the 1997 Code, which pertained to the impounding of vehicles in violation and immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(7)

Any seized sound-producing device under Subsection A(6) 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 City 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 City.

(8)

The City 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.

(9)

This subsection does not apply to a radio, electric sound-amplification device or other sound-producing device on a motorcycle.

Vehicle owner's liability for radios or other electric sound-amplification devices.

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.

Notwithstanding Subsection B(1), 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.

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:

The time and the approximate location at which the violation occurred.

The license number and color of the motor vehicle involved in the violation.

Identification of the motor vehicle as an automobile, station wagon, motor truck, motor bus, motorcycle or other type of vehicle.

Report of violation.

Service of report.

[1]

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]

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.

If with reasonable diligence the owner cannot be served under Subsection B(3)(a), 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 subsection 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(3)(a)[2] was delivered to a traffic officer under Subsection B(3)(a)[1].

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 subsection shall be performed by posting the certified mail within 72 hours after a report containing all of the information in Subsection B(3)(a)[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 subsection may not be performed unless service under Subsection B(3)(a) and (b) has been attempted.

(4)

Defenses to the imposition of liability under this section include:

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.

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.

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)

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)

Notwithstanding § 346.94(16)(b)6, Wis. Stats., this section does not apply to the operation of a motorcycle.

Authority to regulate radios or other electric sound-amplification devices.

Notwithstanding § 346.94(16), Wis. Stats., the Common Council 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.

Subsection C(1) shall not apply to any of the following:

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.

The operator of a vehicle of a public utility, as defined in § 11.40(1)(a), Wis. Stats.