Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
City of Muskego, WI
Waukesha County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Muskego 12-23-1964 by Ord. No. 1 as Ch. 7 of the 1964 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Parades — See Ch. 254.
Snowmobiles and all-terrain vehicles — See Ch. 302.
Taxicabs — See Ch. 324.
[Amended 5-2-1996 by Ord. No. 890[1]]
Except as otherwise specifically provided in this chapter, the current and future statutory provisions of § 110.075 and Chs. 340 to 348, Wis. Stats., and Chs. Trans 100 to 400, Wis. Adm. Code, 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 term of imprisonment, are 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 current or future statute incorporated herein by reference is required or prohibited by this chapter. Any future additions, amendments, revisions or modifications of the current or future statutes incorporated herein or of Chs. Trans 100 to 400, Wis. Adm. Code, 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
State statutes adopted. Sections 346.57, 346.58 and 346.59, Wis. Stats., relating to the minimum and maximum speed of vehicles, are adopted as part of this section, except as provided in Subsection B.
B. 
Increased speed limits. Wherever the Council shall, pursuant to § 349.11(3)(c), Wis. Stats., establish an increased speed limit on streets in outlying districts such increased speed shall be the speed limit on such streets, and no person shall drive a vehicle in excess of the limit prescribed.
In addition to the rules established by the Wisconsin Statutes and incorporated by reference in §§ 343-1 and 343-2, the provisions of this chapter shall apply, and in case of any conflict between the statutes and these provisions, the stricter rule shall apply.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 4-6-1995 by Ord. No. 865]
A. 
Fire lanes. No person shall park, stop or leave standing any vehicle, whether attended or unattended, at any time within a fire lane which shall be so designated by appropriate sign or other marking.
B. 
All-night parking.
(1) 
No person, partnership, corporation, or other legal entity shall park or cause to be parked any vehicle of any kind or description on any public street or highway in the City of Muskego between the hours of 3:00 a.m. and 7:00 a.m. commencing December 1 and ending on April 1 of any year unless temporarily authorized by the Police Department.
(2) 
No person, partnership, corporation or other legal entity shall park or cause to be parked any vehicle of any kind or description weighing 10,000 pounds or more on any public street or highway in the City of Muskego between the hours of 3:00 a.m. and 7:00 a.m. during any period of the year unless temporarily authorized by the Police Department.
[Added 4-23-1968 by Ord. No. 98]
No person shall leave standing on any street, alley or public property any unattended motorcycle or automobile with the keys left in the ignition or with the ignition in an unlocked position whereby the vehicle could be started by turning the switch.
A. 
This section shall apply to all premises held out to the public for use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof. This section shall not apply to any street or highway.
B. 
No person shall operate a motor vehicle on such premises:
(1) 
At a speed in excess of 20 miles per hour.
(2) 
Outside of driving lanes indicated by painted lines.
(3) 
Across parking stalls indicated by painted lines. This subsection shall not prohibit entering and occupying a parking stall, nor exiting the same, if the operator properly remains within the painted lines.
(4) 
In a manner commonly known as "spinning doughnuts," wherein the vehicle is driven rapidly in a tight radius.
(5) 
The wrong way in a driving lane, where such wrong way is indicated by painted arrow, or by the entry angle of adjoining parking stalls.
(6) 
Without stopping for a stop sign posted on such premises. The stop required hereunder shall be complete and of sufficient duration to allow adequate observation of the possible approach of other vehicles or pedestrians, before proceeding with safety. A rolling stop or a momentary stop shall not comply with the provisions hereof.
C. 
Failure to comply with any official traffic sign is prohibited.
[Added 8-28-1984 by Ord. No. 500]
[Amended 1-14-1992 by Ord. No. 732]
A. 
Pursuant to § 349.17(1), Wis. Stats., motor vehicles having a combined vehicle load weight of 10,000 pounds or greater may not be operated on any street or alley in the City except:
(1) 
On state trunk highways.
(2) 
On county trunk highways.
(3) 
If the vehicle is a motor bus.
(4) 
If the street has been designated as a heavy traffic route.
(5) 
When the operation of the vehicle is in conjunction with a pickup or delivery, provided that the gross weight of said vehicle does not exceed 16,500 pounds per axle, or Class A highway weight limits, whichever is lower, and the vehicle is operating on the most direct route of ingress or egress from a state trunk highway or county trunk highway.
(6) 
When a variance is obtained or authorized under Chapter 400, Zoning, of the City Code permitting the parking of such vehicle, provided that the vehicle is operating on the most direct route of ingress or egress from a state trunk highway or county trunk highway and the gross vehicle weight does not exceed 16,500 pounds per axle or Class A highway weight limits, whichever is lower.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(7) 
If the vehicle is an authorized emergency vehicle.
B. 
No motor vehicle may be operated on any street or alley within the City unless it is equipped with pneumatic tires.
The Highway Superintendent shall procure, erect and maintain appropriate standard traffic signs, signals and markings conforming to the rules of the State Department of Transportation, notifying drivers of the various driving or parking rules or restrictions at the various streets, alleys, intersections or other public places within the City. Signs shall be erected in such locations and manner as authorized by the Council so as to give adequate warning to users of the streets, alleys or highways in question.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The City Clerk shall maintain in his/her office at all times a complete list of all traffic regulations at particular places adopted by the Council, whether adopted by ordinance or resolution. Said lists are incorporated herein by reference, the same as if fully set forth.
In case of emergency, the Chief of Police may make and enforce temporary emergency traffic regulations to cover special conditions.
The penalty for violation of any provision of this chapter shall be a forfeiture as hereafter provided together with costs as prescribed under § 345.47, Wis. Stats.
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.
C. 
Local regulations. The penalty for violation of this chapter, where no other penalty is prescribed, shall be as provided in § 1-4 of this Code.
D. 
Notwithstanding any other provisions or any other traffic regulation of the City, the forfeiture for a violation of any parking regulation or restriction shall be not less than $5 nor more than $200; however, the person to whom the ticket or citation has been issued may settle the City's claim by paying the minimum forfeiture to the Police Department within five days of the issuance.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Enforcement procedure. This chapter shall be enforced according to § 66.0114, Ch. 799 and §§ 345.20 to 345.53, Wis. Stats.
B. 
Deposit.[1]
(1) 
Any person arrested for a violation of this chapter may make a deposit of money as directed by the arresting officer at the police station or at the office of the Clerk of the Court or by mailing the deposit to such places. The arresting officer or the person receiving the deposit shall notify the arrested person, orally or in writing, that:
(a) 
If he fails to appear in court at the time fixed in the citation he will be deemed to have tendered a plea of no contest and submitted to a forfeiture plus costs not to exceed the amount of the deposit; or
(b) 
If he fails to appear in court at the time fixed in the citation and if the court does not accept the deposit as a forfeiture, he will be summoned into court to answer the complaint.
(2) 
The amount of the deposit shall be determined in accordance with the deposit schedule established by the Wisconsin Judicial Conference. If a deposit schedule has not been established, the arresting officer shall require the alleged offender to deposit not less than the maximum forfeiture permitted under this chapter. The arresting officer or the person receiving the deposit shall issue the arrested person a receipt therefor as required by § 345.26(3)(b), Wis. Stats.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Forfeiting deposit. The sum to be forfeited pursuant to the stipulation for violation of this chapter shall be determined in accordance with the deposit schedule established by the Wisconsin Judicial Conference. The deposit shall include court costs and suit tax.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Stipulation of no contest. Any person charged with a violation of this chapter except §§ 346.62(1) and 346.63(1), Wis. Stats., may make a stipulation of no contest pursuant to § 345.27, Wis. Stats., which must be received at the office of the Police Department or Clerk of Court (or Municipal Judge) within 10 days of the date of the alleged violation. Such person shall at the time of entering into the stipulation make the deposit required under Subsection B if he has not already done so. A person who has mailed or filed a stipulation under this subsection may, however, appear in court on the appearance date and may be relieved from the stipulation for cause shown as required in § 345.37, Wis. Stats.
[Amended 8-13-1974 by Ord. No. 281[3]]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 4-10-1984 by Ord. No. 487]
A. 
No person shall leave unattended any motor vehicle, trailer, semitrailer, or mobile home nor shall any person allow any disassembled or inoperable and unlicensed or junked, wrecked or abandoned motor vehicles to remain in the open upon public property within the City for a period in excess of 72 hours unless it is in connection with an automobile sales or repair business located in a properly zoned area.
B. 
Procedure for disposition and sale. The following procedure shall apply for the disposition of vehicles found abandoned on public highways or public property.
[Amended 1-23-1997 by Ord. No. 910]
(1) 
Vehicles found upon a public highway or public property that appear to have been abandoned for 72 hours are hereby declared to be a public nuisance and may be abated as hereinafter provided.
(a) 
The Police Department shall issue a summons upon the abandoned vehicle and shall send by certified mail a copy of said summons and notice to the last known registered owner of the vehicle or lienholder.
(b) 
The Police Department may tow or cause to be towed any abandoned vehicle declared to be a public nuisance pursuant to this section.
(c) 
Abandoned vehicles found to be a safety hazard to the public may be towed immediately by the Police Department or its agents.
(2) 
Any abandoned vehicle that is towed pursuant to this section shall be impounded and may be stored at a local junk or storage yard at least 10 days, but if the apparent value thereof is $500 or less and if the vehicle is not claimed within said period, it may be destroyed or sold.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Immediately upon impounding said vehicle, the Police Department shall notify the Division of Motor Vehicles of the recovery of the vehicle and its make, motor number, series number and registration number, if ascertainable, and shall obtain from the Division of Motor Vehicles the name and address of the last registered owner and lienholder, if any.
(4) 
If such information is available, the last registered owner and any lienholder of record shall be notified by certified mail of the impounding of the vehicle by the Police Department and advised that, upon payment of towing and storage charges within 10 days of the date of its impounding, the vehicle will be released to the owner or lienholder or that at the end of 10 days it will be sold or destroyed. Said notice shall also set forth the year, make, model and serial number of the abandoned motor vehicle as well as the place where the vehicle is being held. If the vehicle is of the value of $500 or more, then the auction procedure as set forth in § 342.40(3)(c), Wis. Stats., shall be followed.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
If such vehicles are claimed by the owner, the junk or salvage yard shall charge a reasonable fee for handling and storage. If such vehicles are not claimed, the impounding, notification and junking or sale procedure as provided for herein shall be followed.
D. 
Disposition if no record owner. Notwithstanding the provisions above with respect to the storage of vehicles for 10 days, the Police Department may immediately dispose of abandoned vehicles if the following conditions are met:[3]
(1) 
The Division of Motor Vehicles advises the City that it has no record of registration for the vehicle involved; or
(2) 
If the motor, serial or registration number of the motor vehicle is not ascertainable or if no evidence of ownership is found upon or within the vehicle, such disposition shall be made to a licensed auto salvage or junk dealer, if possible, or if not, then to a person who shall be willing to pay the expenses of the City in removing and storing the vehicle under this section.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Any abandoned vehicle which is determined by the Police Chief or designee to have a value less than $500 may be disposed of by direct sale to a licensed salvage dealer upon determination that the vehicle is not reported stolen.
[Amended 1-23-1997 by Ord. No. 910]
F. 
Within five days after the sale or disposal of a vehicle as provided above, the municipality or county shall advise the Division of Motor Vehicles of the sale or disposition on a form supplied by the Division.
G. 
The provisions of this section shall not apply to auto salvage yards or junkyards that are duly licensed under the ordinance provisions of the City pertaining to such operation.
H. 
Any person who shall interfere in any way whatsoever with the due process of enforcement of any of the provisions of this section and shall be found guilty thereof shall be subject to a penalty of not more than $200 together with the costs of said action. Each motor vehicle involved shall constitute a separate offense.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
I. 
Penalty. The owner of any vehicle which shall be impounded or stored pursuant to the provisions of this section or who shall abandon a vehicle within the City and fail to remove the vehicle when properly notified shall be subject to forfeiture of not more than $200 together with the costs of said action. Default of the payment shall be subject to imprisonment in the county jail until such forfeiture and costs are paid, but not to exceed 90 days. This penalty is in addition to all other expenses and charges made applicable under the provisions of this section.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added 11-11-1968 by Ord. No. 119]
A. 
Declaration of emergency. The Mayor or, in his absence, the President of the Common Council or the Public Works and Development Director or designee shall declare a snow emergency during the period of a driving snowstorm or immediately thereafter, whenever traffic becomes congested by reason of said snowfall and the operation of emergency vehicles, including snow removal equipment and machinery, is impeded.
B. 
Duration of emergency. Such emergency shall exist so long as traffic remains congested and the operation of emergency vehicles is impeded, or likely to be impeded, by the falling of snow and the congestion of traffic upon the streets, alleys or public parking lots of the City.
C. 
Notice of emergency. The Mayor, or other authorized officials, may proclaim the state of emergency through the press, radio or other public means of communication and may designate and authorize police officers and snow removal personnel to inform the citizenry of the existence of the emergency.
D. 
Parking prohibited during emergency. No person shall park any vehicle on a main street, alley or public parking lot during the period of a snow emergency or immediately thereafter until such main street, alley or public parking lot has been cleared of snow, unless with reasonable diligence he could not avoid it.
E. 
Negligent parking on side streets. No person shall permit any vehicle to park or stop upon any uncleared street or alley or parking lot, either during a driving snowstorm, immediately thereafter, or during a state of declared emergency in such manner as to interfere with snow removal equipment, unless with reasonable diligence he could not avoid it.
F. 
Removal of vehicles. Any traffic officer, the Public Works and Development Director or any of his employees under his supervision and direction may remove any vehicle which may interfere with the operation of any snow removal equipment or any emergency vehicle. The cost of removing such vehicle may be charged to the owner or operator thereof, and the removal may be made by the Public Works and Development Department with City personnel, or by commercial towing service. Cars removed and towed away shall be stored in a safe place and restored to the owner or operator of such car upon payment of the towing fee therefor.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added 11-26-1968 by Ord. No. 128-A]
A. 
Registration of bicycles. No person shall ride a bicycle in the City unless it is legally registered in the City or in another municipality or unless it is owned in a municipality not having a provision for registration, as herein provided.
B. 
Application; registration forms. The operator or owner of a bicycle shall register with the Police Department the name and address of its owner and a complete description of the bicycle on forms issued by said Department. The registration shall be numbered serially and kept by said Department as a public record. Upon each registration there shall be issued a lifetime license sticker which shall entitle the licensee and persons authorized by the licensee to operate said bicycle in said City.
[Amended 5-9-1981 by Ord. No. 410[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
License sticker. Said license sticker shall remain on said bicycle until replaced by a license of later registration hereunder or unless the license is revoked by the Police Department. No person shall willfully or maliciously remove, destroy or mutilate any license sticker.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Inspection of bicycles. The Police Department may inspect bicycles and deny registrations if they are found to be improperly equipped or in unsafe mechanical condition. Said Department may also cancel the registration thereof and remove the license sticker of any bicycle operated on any street in unsafe condition or in violation of the bicycle and play vehicle statutes.[3] Said license sticker shall be returned to the licensee at the discretion of the Police Department.[4]
[3]
Editor's Note: See §§ 346.77 to 346.82, Wis. Stats.
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Change of ownership. In case of change of ownership of a registered bicycle, the new owner shall apply for registration as required in this section. A license once issued cannot be transferred to a different bicycle by the same owner.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Revocation of license. The Chief of Police may cancel the registration of and remove the license sticker from any bicycle operating in an unsafe manner or in violation of any provision of this chapter, and such cancellation of registration shall be in addition to other penalties provided therefor.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
Responsibility of parent or guardian for violation of section. No parent or guardian of any child shall authorize or knowingly permit such child to violate any of the provisions of this section.
[Added 7-11-1978 by Ord. No. 346]
[Added 9-23-1969 by Ord. No. 154]
No driver of any vehicle shall cause, by excessive and/or unnecessary acceleration, the tires of such vehicle to spin and emit loud noises or to unnecessarily throw stones or gravel, nor shall such driver cause to be made by excessive and/or unnecessary acceleration any loud noise such as would disturb the public peace.
[Added 3-23-1971 by Ord. No. 191]
In addition to activating the flashing red warning lights as required by § 346.48, Wis. Stats., the operator of a school bus equipped with such lights shall activate such lights under the following circumstances: in a residential or business district 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 persons must cross the street or highway before being loaded or after being unloaded.
[Added 8-5-2004 by Ord. No. 1177]
A. 
No operator of a motor vehicle shall use brakes which are in any way activated or operated by the compression of the engine of the motor vehicle or any unit or part thereof (commonly referred to as "Jake brakes," "Jacob's brakes," "engine brakes," or "compression brakes") on any state trunk highway as defined by § 84.02, Wis. Stats., nor any county trunk highway as defined by § 83.025, Wis. Stats., or local street except in cases of emergency. For purposes of this section, "cases of emergency" are defined as circumstances which present an immediate danger to life or property.
B. 
Emergency vehicle exceptions. The prohibition set forth in this section shall not apply to authorized emergency vehicles as that term is defined by § 340.01(3), Wis. Stats., when responding to an emergency call, 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.