[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.]
[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.
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.
[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]
(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.
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.
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.
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]
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]]
[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]
(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]
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.
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]
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]
[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.
[Amended 6-26-2018 by Ord. No. 1418]
[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.
