No person shall use motor vehicle brakes within the Village
that are in any way activated or operated by the compression of any
engine of any such motor vehicle or any unit or part thereof.
A.
Unnecessary noise 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 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 Brandon.
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 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 Brandon,
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" may constitute
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 subsection 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 Brandon 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
Brandon.
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.
Radios or other electric sound-amplification devices.
(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)
Impoundment of radio, device or vehicle.
(a)
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.
(b)
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.
(c)
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.
(d)
This subsection does not apply to a radio, electric sound-amplification
device or other sound-producing device on a motorcycle.
(3)
Seizure of radio or device.
(a)
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.
(b)
The Village may impound a vehicle violating Subsection A(3)(a) 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.
(c)
Any seized sound-producing device under Subsection A(3)(a) 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.
(d)
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.
(e)
This subsection does not apply to a radio, electric sound-amplification
device or other sound-producing device on a motorcycle.
B.
Vehicle owner's liability for radios or other electric sound-amplification
devices.
(1)
Liability for violation.
(a)
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)
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)
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)
Issuance of citation.
(a)
Report of violation.
[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.
(b)
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(2) was delivered to a traffic officer under Subsection B(3)(a)[1].
(c)
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(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:
(a)
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)
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)
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
subsection does not apply to the operation of 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.
A.
No person shall leave standing, stop, or permit to stop or stand
any railroad train, engine or rail car upon any street, alley or highway
crossing within the Village of Brandon so as to obstruct public travel
for a period of time greater than 10 minutes without opening said
street, or alley, or crossing for at least three minutes, or until
such time that traffic is no longer backed up and traffic flow has
returned to normal. Any conductor, engineer, fireman, or brakeman
on any train or locomotive or rail car so obstructing any street,
alley, or railroad crossing or any yard master, flagman, switchman,
or section hand who shall allow and be responsible for such obstruction
shall be subject to a forfeiture not less than $250 nor more than
$1,000. The corporation running or operating such train, engine, or
cars so obstructing any street, alley, or railroad crossing shall
be subject to a forfeiture not less than $250 nor more than $3,000.
B.
In the event of a derailment, the corporation running or operating
the train, engine, or cars shall notify the Fond du Lac County Sheriff's
Department, Village Police Department, and/or Brandon Fire Department
immediately of any blocked crossing due to the derailment. Failure
to immediately notify shall be subject to a forfeiture not less than
$250 nor more than $3,000.
